Stricken language would be deleted from and underlined language would be added to present law.
Act 630 of the Regular Session
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State of Arkansas As Engrossed: H3/29/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 361 3
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By: Senator M. McKee 5
By: Representative C. Cooper 6
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For An Act To Be Entitled 8
AN ACT CONCERNING TH E PARTICIPATION OF H OMESCHOOLED 9
STUDENTS IN INTERSCH OLASTIC ACTIVITIES; AND FOR OTHER 10
PURPOSES. 11
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Subtitle 14
CONCERNING THE PARTICIPATION OF 15
HOMESCHOOLED STUDENTS IN INTERSCHOLASTIC 16
ACTIVITIES. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. Arkansas Code § 6 -15-509 is amended to read as follows: 22
6-15-509. Participation of home-schooled homeschooled students in 23
interscholastic activities — Definitions. 24
(a) The General Assembly recognizes that all students should have 25
equal access to interscholastic activities as a complement to the academic 26
curriculum. 27
(b) As used in this section: 28
(1) “Athletic activity” means a varsity sport or another 29
competitive sports-related contest, game, event, or exhibition that involves 30
an individual student or teams of students either among schools within the 31
resident school district or between schools outside of the resident school 32
district; 33
(2) “Home-schooled Homeschooled student” means a student legally 34
enrolled in an Arkansas home school; 35
(3) “Interscholastic activity” means an activity between schools 36 As Engrossed: H3/29/23 SB361
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subject to rules of the Arkansas Activities Association t hat is: 1
(A) Outside the regular curriculum of a school district, 2
including without limitation an athletic activity, a fine arts program, or a 3
special interest club or group; and 4
(B) Taught by an individual with a minimum of a high 5
school diploma; 6
(4) “Parent” is a: 7
(A) Legal guardian; or 8
(B) Legal custodian; 9
(5) “Resident school” is the school to which the student would 10
be assigned by the resident school district; and 11
(6) “Resident school district” means the school district in 12
which the home-schooled homeschooled student's parent resides as determined 13
under § 6-18-202. 14
(c)(1)(A) Except as provided in subdivision (c)(2) (c)(1)(B)(ii) of 15
this section, a home-schooled homeschooled student shall not participate in 16
interscholastic activ ities at a public school other than the student's 17
resident school. 18
(B)(i) A home-schooled homeschooled student may 19
participate in interscholastic activities at a public school other than the 20
home-schooled homeschooled student's resident school by mutual agreement 21
between the resident school district and any other public school district 22
where the home-schooled homeschooled student wishes to participate. 23
(ii) However, a homeschooled student may participate 24
in an interscholastic activity at a public school other than the homeschooled 25
student's resident school without a mutual agreement, as required under 26
subdivision (c)(1)(B)(i) of this section, if the: 27
(a) Homeschooled student's resident school 28
does not offer the interscholastic activity; and 29
(b) Superintendent of the other public school 30
district agrees to allow the homeschooled student to enroll in the 31
interscholastic activity. 32
(2) A home-schooled student approved under subdivision (c)(1)(B) 33
of this section to participate in interscholastic activities at a public 34
school other than the home -schooled student's resident school may begin 35
participating: 36 As Engrossed: H3/29/23 SB361
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(A) In an interscholastic activity that is not an athletic 1
activity immediately upon being approved to participate; and 2
(B)(i)(a) Except as provided in subdivision (c)(2)(B)(ii) 3
of this section, in an interscholastic activity that is an athletic activity 4
one (1) calendar year after being approved to participate. 5
(b) A home-schooled student under subdivision 6
(c)(2)(B)(i)(a) of this section may immediately participate in rehearsals, 7
tryouts, practices, auditions, classes, or other endeavors associated with 8
the interscholastic activity that is an athletic activity. 9
(ii)(iii) A home-schooled homeschooled student may 10
begin participating in an interscholastic activity that is an athletic 11
activity immediately upon being approved to participate if the home-schooled 12
homeschooled student is approved to participate by July 1 of the school year 13
for which the home-schooled homeschooled student will be enrolled in grade 14
seven (7). 15
(3)(2) A home-schooled homeschooled student shall not 16
participate in interscholastic activities at more than one (1) public school 17
at the same time. 18
(d) A resident school district may shall permit a home-schooled 19
homeschooled student to participate pursue participation in an 20
interscholastic activity if: 21
(1) For the purpose of subsection (g) of this section, the home-22
schooled homeschooled student reports to the resident school district within 23
the first eleven (11) days of the fall or spring semester of the resident 24
school district; and 25
(2) The home-schooled homeschooled student or his or her parent 26
advises the principal of the resident school in w riting of the home-schooled 27
homeschooled student's request to participate in the interscholastic activity 28
before the signup, tryout, or participation deadlines established for 29
students enrolled in the resident school. 30
(e) The principal of the resident sc hool shall permit a home-schooled 31
homeschooled student to pursue participation in an interscholastic activity 32
of the resident school if the home-schooled homeschooled student or the home-33
schooled homeschooled student's parent: 34
(1) Before the signup, try out, or participation deadlines 35
established for students enrolled in the resident school, provides to the 36 As Engrossed: H3/29/23 SB361
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principal a notice of the home-schooled homeschooled student's desire to 1
pursue participation; and 2
(2) Informs the principal in the notice that the home-schooled 3
homeschooled student has demonstrated academic eligibility by obtaining: 4
(A) A minimum test score of the thirtieth percentile on 5
the Stanford Achievement Test Series, Tenth Edition, or another nationally 6
recognized norm-referenced test in the previous twelve (12) months; or 7
(B) A minimum score on a test approved by the State Board 8
of Education. 9
(f) If a home-schooled homeschooled student's written request to 10
participate in the interscholastic activity is approved under this section, 11
the home-schooled homeschooled student: 12
(1) Although not guaranteed participation in an interscholastic 13
activity, shall have an equal opportunity to try out and participate in 14
interscholastic activities without discrimination; and 15
(2) Shall not participate unless he or she meets the criteria 16
for participation in the interscholastic activity that apply to students 17
enrolled in the resident school district, including: 18
(A) Tryout criteria; 19
(B) Standards of behavior and codes of conduct; 20
(C) The academic criteria under subdivision (e)(2) of this 21
section; 22
(D) Practice times; 23
(E) Required drug testing; 24
(F) Permission slips, waivers, and physical exams; and 25
(G) Participation or activity fees. 26
(g) A home-schooled homeschooled student who participates in an 27
interscholastic activity may be: 28
(1) Required to be at school not more than one (1) period per 29
school day only when participation in the interscholastic activity requires 30
other students who participate in the interscholastic activity to be at 31
school; and 32
(2) Transported by the resident school district to and from 33
interscholastic activities as the resident school district transports other 34
students who are enrolled in the resident school ; and 35
(3) Enrolled by his or her res ident school district in a 36 As Engrossed: H3/29/23 SB361
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nonacademic class period that coincides with the interscholastic activity in 1
which the homeschooled student participates in order for the resident school 2
district to receive an amount equal to one -sixth (1/6) of the state 3
foundation funding amount provided under § 6 -20-2305 for the duration of 4
homeschooled student's enrollment in the resident school district . 5
(h)(1)(A) A student who withdraws from an Arkansas Activities 6
Association member school to be home-schooled shall not par ticipate in an 7
interscholastic activity in the resident school district for a minimum of 8
three hundred sixty-five (365) days after the student withdraws from the 9
member school and enrolls in a home school shall immediately be eligible to 10
participate in any interscholastic activity at a public school . 11
(B)(i) However, a homeschooled student shall not be 12
eligible to participate in an interscholastic activity that is a varsity 13
sport in the public school district if he or she withdrew from an 14
interscholastic activity that is a varsity sport at the resident school 15
district during the previous three hundred sixty -five (365) days. 16
(ii) A homeschooled student who is not eligible to 17
participate in an interscholastic activity under this subsection may 18
participate in tryouts, practices, classes, or other endeavors associated 19
with the interscholastic activity. 20
(2) A homeschooled student who has not withdrawn from an 21
Arkansas Activities Association member school may begin participating in an 22
interscholastic activity in a public school district immediately upon being 23
approved to participate by the public school district. 24
(i)(1) A public school shall provide a reasonable alternative to any 25
prerequisite for eligibility to participate in an interscholastic activit y 26
that the home-schooled homeschooled student is unable to meet because of his 27
or her enrollment in a home school. 28
(2) The alternative under subdivision (i)(1) of this section 29
shall provide the home-schooled homeschooled student with the same 30
opportunity to participate in an interscholastic activity as a public school 31
student. 32
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SECTION 2. Arkansas Code § 6 -15-510(d) and (e), concerning 34
participation of homeschooled students in interscholastic activities at 35
private schools, are amended to read as follows: 36 As Engrossed: H3/29/23 SB361
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(d) A home-schooled homeschooled student who participates in an 1
interscholastic activity may be: 2
(1) Required to be at the private school not more than one (1) 3
period per school day only when participation in the in terscholastic activity 4
requires other students who participate in the interscholastic activity to be 5
at school; and 6
(2) Transported by the private school to and from 7
interscholastic activities as the private school transports other students 8
who are enrolled in the private school. 9
(e)(1)(A) A student who withdraws from an Arkansas Activities 10
Association member school to be home-schooled homeschooled shall not be 11
eligible to participate in an any interscholastic activity in a private 12
school for a minimum of three hundred sixty -five (365) days after the student 13
withdraws from the member school . 14
(B) However, a homeschooled student shall not be eligible 15
to participate in an interscholastic activity that is a varsity sport in the 16
private school if he or s he withdrew from an interscholastic activity that is 17
a varsity sport at an Arkansas Activities Association member school during 18
the previous three hundred sixty -five (365) days. 19
(2) A student who has not withdrawn from an Arkansas Activities 20
Association member school to become home-schooled homeschooled may begin 21
participating in an interscholastic activity in a private school immediately 22
upon being approved to participate. 23
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/s/M. McKee 25
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APPROVED: 4/11/23 28
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