Senate Bill S1010

2023-2024 Legislative Session

Allows school districts to permit home-schooled students to participate in district interscholastic sports

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Education Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S1010 (ACTIVE) - Details

See Assembly Version of this Bill:
A1072
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §3235, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6814
2015-2016: S2175, A3678
2017-2018: S465, A445
2019-2020: S5472, A706
2021-2022: S8416, A4775

2023-S1010 (ACTIVE) - Summary

Allows school districts to permit home-schooled students to participate in district interscholastic sports.

2023-S1010 (ACTIVE) - Sponsor Memo

2023-S1010 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1010
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 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.
                                                            LBD00323-01-3


              

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Anonymous
8 months ago

This bill needs to be passed immediately. Homeschool families pay taxes which are used to maintain public school buildings, and they should have access to those buildings and athletic teams. If not, they should receive tax breaks.

onektdiamonds
3 months ago

agreed... however this is ONLY for interscholastic sports and not intercollegiate sports... most high schools do not have interscholastic sports and therefore the youth have nowhere to excel in sports for their high school years. I encourage the authors and sponsors of this bill to change the verbiage on this bill as it moves into the education commitee. see my comments below...

onektdiamonds
3 months ago

I disagree with some of the language in this bill and more likely to support 2023-2170A... Please read that bill and hopefully we can all support one bill that can move swiftly through the education committee and then through assembly....

First of all thank you for being a co-sponsor of a bill that will assist many families who are choosing to homeschool their children!
I am the parent of a homeschooling child who is interested in playing intercollegiate sports for his district. The current bill addresses "interscholastic" sports which are very different than "intercollegiate" sports. I have done extensive research over the last few years trying to get answers.

Senator Kennedy and his staff were very helpful in finding this bill 2023-S2170A, but it does not exactly represent what is needed in a community that is moving towards Diversity, Inclusion, and Equity. There are many families who are choosing to exercise their right to educate their children from home for various reasons, but they are excluded from being part of the school community. I feel that this bill addresses some of the issues for children grade 8 and under, but it does nothing for most high schools who don't all have interscholastic sports. I strongly urge you to support a change in language for this SPECIFIC Bill S2170A, and for it to read 'intercollegiate and interscholastic" sports.

Furthermore, the current legislation reads that school district must allow for homeschooling children to attend school clubs and activities. However, the schools we have tried to do that with have stated homeschooling students are not ever allowed to be on school property nor can they obtain a school id.

I urge you to support this bill with a change in language as it moves to the education committee. I would like an update on the status of this email.

Thanks in advance!

Jacqueline Bontzolakes

TONYA_STALLMER
3 months ago

NYS School Districts have done a great job of making the schools all inclusive with no discrimination. This needs to be the case for all students in NYS and include homeschool students to participate in sports. All children are different and some people have found that they just do better all around being homeschooled. My personal experience has shown my son to become a leader and a team captain for football. This is going to be taken from him come next year when he enters 7th grade. We have to take something from him - either homeschool or sports?

Not a fair choice. I know what is right for him but it does not matter.

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