S T A T E O F N E W Y O R K
________________________________________________________________________
4775
2021-2022 Regular Sessions
I N A S S E M B L Y
February 8, 2021
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Introduced by M. of A. STIRPE, ASHBY, BENEDETTO, BLANKENBUSH, BRABENEC,
COOK, CUSICK, GOODELL, LALOR, MIKULIN, B. MILLER, MORINELLO, PEOPLES-
STOKES, RA, L. ROSENTHAL, THIELE, WOERNER, WALSH, WALCZYK,
J. M. GIGLIO, MANKTELOW, D. ROSENTHAL, CRUZ, TAYLOR, BARRON, BARCLAY,
FITZPATRICK, M. MILLER, HUNTER, FALL, SMULLEN, DeSTEFANO, DICKENS,
SALKA, LUPARDO, McDONOUGH, BARNWELL, BYRNES -- Multi-Sponsored by --
M. of A. HAWLEY, RAMOS, STECK, TAGUE -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to allowing school
districts to permit home-schooled students to participate 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 3235
to read as follows:
§ 3235. HOME INSTRUCTION STUDENTS AND INTERSCHOLASTIC SPORTS. THE
BOARD OF EDUCATION OR TRUSTEE OF A SCHOOL DISTRICT MAY ESTABLISH AND
ADOPT A POLICY TO ALLOW A STUDENT WHO RECEIVES HOME INSTRUCTION TO TRY
OUT FOR AND PARTICIPATE ON A SCHOOL DISTRICT'S INTERSCHOOL ATHLETIC
TEAM. THE POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING
PROVISIONS:
1. THE STUDENT SHALL BE REQUIRED TO MEET ALL THE SAME RESPONSIBILITIES
AND STANDARDS OF BEHAVIOR AND ELIGIBILITY FOR PRACTICE AND COMPETITION
AS A PUBLIC SCHOOL STUDENT ENROLLED IN THE SCHOOL DISTRICT PARTICIPATING
ON THE INTERSCHOOL ATHLETIC TEAM INCLUDING BUT NOT LIMITED TO THE HEALTH
EXAMINATION, IMMUNIZATION, AND AGE ELIGIBILITY REQUIREMENTS;
2. THE STUDENT SHALL ANNUALLY MEET ALL ACADEMIC REQUIREMENTS PURSUANT
TO SECTION 100.10 OF COMMISSIONER REGULATIONS; PROVIDED, HOWEVER, THAT A
BOARD OF EDUCATION OR TRUSTEE OF A SCHOOL DISTRICT MAY REQUIRE ADDI-
TIONAL ACADEMIC ELIGIBILITY REQUIREMENTS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07216-01-1
A. 4775 2
3. THE STUDENT SHALL ONLY BE ELIGIBLE TO TRY OUT FOR AND PARTICIPATE
ON THEIR SCHOOL DISTRICT OF RESIDENCE'S INTERSCHOOL ATHLETIC TEAM; AND
4. TRANSPORTATION SHALL BE PROVIDED BY THE PARENT OR GUARDIAN OF THE
STUDENT.
§ 2. This act shall take effect immediately.