| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 03, 2024 |
referred to education |
| Jan 09, 2023 |
referred to education |
Senate Bill S1010
2023-2024 Legislative Session
Sponsored By
(R, C) 51st Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
Actions
co-Sponsors
(D) 15th Senate District
(R) 43rd Senate District
(R, C) 57th Senate District
(R, C) 60th Senate District
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
2025-2026: S3436, A389
2023-S1010 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1010
SPONSOR: OBERACKER
TITLE OF BILL:
An act to amend the education law, in relation to allowing school
districts to permit home-schooled students to participate in district
interscholastic sports
PURPOSE:
To allow home-schooled students to participate in interscholastic
athletics.
SUMMARY OF PROVISIONS:
Section 1 amends the education law by adding a new section 1501-d, which
allows school districts to permit home-schooled students to participate
in district interscholastic sports.
Section 2 provides that the act shall take effect immediately.
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
Comments
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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.
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...
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
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.