S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    706
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of A. STIRPE, ARROYO, ASHBY, BENEDETTO, BLANKENBUSH,
   BRABENEC,  COOK,  CROUCH,  CUSICK,  FINCH,  GOODELL,   JOHNS,   LALOR,
   LAWRENCE,  McDONOUGH,  MIKULIN,  B. MILLER,  MORINELLO, MOSLEY, ORTIZ,
   PALUMBO, PEOPLES-STOKES, RA, RAIA, L. ROSENTHAL,  THIELE,  WOERNER  --
   read once and referred to the Committee on Education
 
 AN  ACT  to  amend  the education law, in relation to prohibiting school
   districts from disallowing home-schooled students  from  participating
   in district interscholastic sports
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 1501-d
 to read as follows:
   § 1501-D. HOME-SCHOOLED STUDENTS; INTERSCHOLASTIC  SPORTS.    NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, BOARDS OF EDUCATION
 OF  SCHOOL DISTRICTS, IN CONSULTATION WITH DISTRICT SUPERINTENDENTS, MAY
 FORMALLY ADOPT A DISTRICT-WIDE POLICY TO ALLOW STUDENTS  TO  PARTICIPATE
 IN  THE  DISTRICT'S INTERSCHOLASTIC SPORTS. THE DISTRICT-WIDE POLICY MAY
 INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING PROVISIONS:
   HOME-SCHOOLED STUDENTS SHALL NOT BE DENIED BY A  SCHOOL  DISTRICT  THE
 OPPORTUNITY  TO  PARTICIPATE  IN  ALL  INTERSCHOLASTIC ACTIVITIES IF THE
 STUDENT FULFILLS THE FOLLOWING CONDITIONS:
   (1) THE STUDENT MUST MEET ALL SCHOOL  DISTRICT  PHYSICAL  EXAMINATION,
 IMMUNIZATION, AND AGE ELIGIBILITY REQUIREMENTS WITH THE EXCEPTION OF:
   (A) THE SCHOOL DISTRICT'S SCHOOL OR CLASS ATTENDANCE REQUIREMENTS; AND
   (B)  THE CLASS REQUIREMENTS OF THE VOLUNTARY ASSOCIATION ADMINISTERING
 INTERSCHOLASTIC ACTIVITIES.
   (2) (A) THE STUDENT MUST ACHIEVE A MINIMUM  SCORE  ON  A  STANDARDIZED
 ACHIEVEMENT  TEST  PERMITTED  UNDER SECTION 100.10 OF THE COMMISSIONER'S
 REGULATIONS. THE EXAMINATION SHALL BE TAKEN AT THE END  OF  EACH  SCHOOL
 YEAR  AND SHALL BE USED TO DETERMINE ELIGIBILITY FOR THE FOLLOWING YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00502-01-9

 A. 706                              2
 
 THE MINIMUM, COMPOSITE TEST SCORE THAT  A  STUDENT  MUST  ACHIEVE  SHALL
 PLACE  THE  STUDENT  AT  OR  ABOVE THE THIRTY-FOURTH PERCENTILE BASED ON
 NATIONAL NORMS. THE PARENT OR LEGAL GUARDIAN SHALL SUBMIT  THE  EXAMINA-
 TION RESULTS TO THE SCHOOL DISTRICT; OR
   (B) A SCHOOL DISTRICT MAY ADOPT ALTERNATIVE REQUIREMENTS, IN CONSULTA-
 TION  WITH THE PARENT OR LEGAL GUARDIAN OF A HOME-SCHOOLED STUDENT, THAT
 A STUDENT  MUST  MEET  TO  PARTICIPATE  IN  INTERSCHOLASTIC  ACTIVITIES,
 INCLUDING BUT NOT LIMITED TO A REQUIREMENT THAT A STUDENT SUBMIT A PORT-
 FOLIO  OF  WORK  SAMPLES  TO  A  SCHOOL DISTRICT COMMITTEE FOR REVIEW TO
 DETERMINE WHETHER A STUDENT IS ELIGIBLE TO PARTICIPATE IN  INTERSCHOLAS-
 TIC ACTIVITIES.
   (3)  THE  HOME-SCHOOLED  STUDENT SHALL BE REQUIRED TO FULFILL THE SAME
 RESPONSIBILITIES AND STANDARDS OF BEHAVIOR  AND  PERFORMANCE,  INCLUDING
 RELATED  CLASS OR PRACTICE REQUIREMENTS, OF OTHER STUDENTS PARTICIPATING
 IN THE INTERSCHOLASTIC ACTIVITY OF  THE  TEAM  OR  SQUAD  AND  SHALL  BE
 REQUIRED TO MEET THE SAME STANDARDS FOR ACCEPTANCE ON THE TEAM OR SQUAD.
 THE HOME SCHOOL STUDENT MUST ALSO COMPLY WITH ALL PUBLIC SCHOOL REQUIRE-
 MENTS DURING THE TIME OF PARTICIPATION.
   (4)  A  HOME-SCHOOLED  STUDENT PARTICIPATING IN INTERSCHOLASTIC ACTIV-
 ITIES MUST RESIDE WITHIN THE ATTENDANCE BOUNDARIES  OF  THE  SCHOOL  FOR
 WHICH THE STUDENT PARTICIPATES.
   (5)  TRANSPORTATION  MUST BE PROVIDED BY THE PARENT OR GUARDIAN OF THE
 STUDENT. THE STUDENT MAY  USE  THE  SAME  TRANSPORTATION  AS  ALL  OTHER
 STUDENTS  IN  THE  SCHOOL  UNIT,  AS LONG AS ADDITIONAL EXPENSES ARE NOT
 INCURRED.
   § 2. This act shall take effect immediately.