S T A T E O F N E W Y O R K
________________________________________________________________________
389
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. STIRPE, BENEDETTO, COOK, PEOPLES-STOKES, ROSEN-
THAL, WOERNER, CRUZ, TAYLOR, HUNTER, FALL, LUPARDO, SANTABARBARA,
BRABENEC, MIKULIN, MILLER, MORINELLO, RA, WALSH, GIGLIO, MANKTELOW,
BARCLAY, FITZPATRICK, SMULLEN, DeSTEFANO, McDONOUGH, McMAHON, GALLAGH-
ER, BUTTENSCHON, DURSO, LEVENBERG, CLARK, WEPRIN -- 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.
LBD01490-01-5
A. 389 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.