S T A T E O F N E W Y O R K
________________________________________________________________________
8416
I N S E N A T E
February 28, 2022
___________
Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
printed to be committed 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;
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07216-01-1