HLS 10RS-870 REENGROSSED
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are additions.
Regular Session, 2010 CORRECTED COPY
HOUSE BILL NO. 303
BY REPRESENTATIVES HENRY, BOBBY BADON, TIM BURNS, CARMODY,
CHAMPAGNE, CONNICK, GISCLAIR, HARDY, HINES, LABRUZZO,
LAMBERT, LIGI, NOWLIN, SMILEY, AND WOOTON AND SENATORS
APPEL, DONAHUE, DUPLESSIS, AND QUINN
STUDENT/HOME STUDY: Provides relative to eligibility of certain home study students
to participate in interscholastic athletics at secondary schools that are members of the
LHSAA
AN ACT1
To enact R.S. 17:236.3, relative to the eligibility of students in state-approved home study2
programs to participate in interscholastic athletics in certain high schools; to provide3
applicability; to provide guidelines and conditions for participation; to provide4
limitations; to provide effectiveness; to provide an effective date; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:236.3 is hereby enacted to read as follows:8
§236.3. Home study program participants; eligibility to participate in interscholastic9
athletics; guidelines; standards; limitations10
A. Beginning with the 2010-2011 school year and continuing thereafter, a11
student in a home study program approved by the State Board of Elementary and12
Secondary Education in accordance with R.S. 17:236.1 shall be eligible as follows13
to participate in interscholastic athletic activities at a high school that is a member14
of the Louisiana High School Athletic Association:15
(1) If seeking to participate at a public high school that is a member of the16
association, participation shall be in accordance with the provisions of this Section.17 HLS 10RS-870 REENGROSSED
HB NO. 303
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(2)(a) If seeking to participate at a state-approved nonpublic high school that1
is a member of the association, participation shall be at the sole discretion of the2
governing authority of the nonpublic school. If participation is permitted, the3
governing authority shall determine the terms and conditions of any such4
participation at the school. However, the student's participation shall be subject to5
the same requirements, policies, and rules of eligibility of the Louisiana High School6
Athletic Association as applicable to other students participating in the activity at7
that school, excluding any association requirements, policies, or rules that prohibit8
or restrict such participation by a student in a state-approved home study program.9
(b) No person, individually or on behalf of any other person, shall have a10
cause of action arising from a denial of participation of a home study student in11
interscholastic athletics at a state-approved nonpublic high school or, if a home study12
student is allowed to participate under terms and conditions determined by the13
governing authority of the nonpublic school, from any refusal or denial by the14
nonpublic school of further participation by the student in interscholastic athletics15
at the nonpublic school.16
(c) Nothing in this Subsection shall be construed as regulation of a private17
secondary school inconsistent with Article VIII, Section 4, of the Constitution of18
Louisiana.19
B. To be eligible to participate in interscholastic athletics as provided by20
Subsection A of this Section, the home study student shall meet each of the21
following conditions and comply with other applicable provisions of this Section:22
(1) The student shall be subject to the same residency or attendance zone23
requirements as other students participating in the athletic activity.24
(2)(a) The student's participation shall be approved by the principal of the25
school providing the athletic activity.26
(b) The student's parent or legal guardian shall make a written request for the27
student to participate in interscholastic athletic activities to the principal of the28 HLS 10RS-870 REENGROSSED
HB NO. 303
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school providing the activity. Such request shall be made not later than the first1
eleven days of the school year.2
(c) The principal of the school providing the athletic activity shall approve3
or disapprove such written request within thirty days after receipt by the principal of4
all information and documentation requested by the principal from the student or the5
student's parent or legal guardian, or both. A request for information and6
documentation by the principal shall be limited to information and documentation7
that is required by this Section and information and documentation that is required8
of other students relative to participation in the athletic activity.9
(d) A decision by the principal to approve or disapprove the written request10
for the student to participate shall be final.11
(e) No person, individually or on behalf of any other person, shall have a12
cause of action arising from a denial by a public school principal of participation by13
a home study student in interscholastic athletics at the school or, if a home study14
student is allowed by the principal to participate under the terms and conditions15
provided by this Section from any refusal or denial of further participation by the16
student in interscholastic athletics at the school.17
(3) After a decision is made by the principal to approve a request for the18
student to participate, the student then shall participate in any tryouts for such19
activity at the same time and in the same manner as other students who want to20
participate in the same activity.21
(4) At the time of participation in the athletic activity, the student and the22
student's home study program shall be in full compliance with all guidelines,23
standards, and requirements established by R.S. 17:236.1 for a home study program24
to be approved by the state.25
(5)(a) The student shall meet academic standards required of other students26
to participate in the athletic activity.27 HLS 10RS-870 REENGROSSED
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(b) The student shall submit documentation from the State Board of1
Elementary and Secondary Education that the student is in a home study program2
approved by the board.3
(c) The student shall submit a copy of his transcript showing units of study4
completed or in progress, the grades earned for such study, and his cumulative grade5
point average.6
(6) The student shall meet all other standards and requirements applicable7
to a student participating in the athletic activity, including but not limited to tryouts,8
practice time, codes of conduct and student discipline, physical exams, proof of age,9
permission forms, waivers, required paperwork, fees, and transportation10
arrangements but excluding any requirements that the student be enrolled in or attend11
the school, or both.12
(7) The student shall meet conditions applicable to students at the school13
relative to having any required insurance coverage either by participating, if14
otherwise eligible, in insurance programs offered through the school or school15
system or by providing for such insurance coverage in another manner.16
C.(1) A student who has been enrolled in a public or nonpublic school during17
the school year in which the student begins home study or during the previous school18
year and who was determined ineligible to participate in one or more interscholastic19
extracurricular activities at such school for reasons related to student conduct or20
academic performance, or both, shall be ineligible to participate in interscholastic21
athletic activities as provided by this Section for one calendar year from the date the22
student was determined ineligible.23
(2) A student who has been enrolled in a public or nonpublic school during24
the school year in which the student begins home study shall not be eligible to25
participate in interscholastic athletic activities as provided by this Section during the26
remainder of that school year nor during the following school year.27
D.(1) Any home study student who provides or on whose behalf others28
provide any false representation, documentation, or verification of the student's29 HLS 10RS-870 REENGROSSED
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qualifications for the purpose of meeting eligibility requirements to participate in1
interscholastic athletics shall be ruled ineligible to participate in accordance with2
policies of the Louisiana High School Athletic Association and shall be subject to3
the same penalties as other students as provided by the association.4
(2) A school determined to be knowledgeable of any false representation,5
documentation, or verification of a home study student's qualifications for the6
purpose of meeting eligibility requirements to participate in interscholastic athletics7
shall be subject to penalties as established by the Louisiana High School Athletic8
Association for use of an ineligible student athlete.9
Section 2. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Henry HB No. 303
Abstract: Provides relative to eligibility of students in state-approved home study programs
to participate in interscholastic athletics at high schools that are members of the
LHSAA. Provides guidelines, procedures, and limitations relative to such
participation.
Proposed law provides (beginning with the 2010-2011 school year and continuing thereafter)
that a student participating in a home study program approved by the State Board of
Elementary and Secondary Education (BESE) in accordance with R.S. 17:236.1 shall be
eligible as follows to participate in interscholastic athletic activities at a high school that is
a member of the Louisiana High School Athletic Association (LHSAA):
(1)If seeking to participate at a public high school that is a member of the association,
provides that participation shall be in accordance with the provisions of proposed
law.
(2)If seeking to participate at a state-approved nonpublic high school that is a member
of the association:
Provides that participation shall be at the sole discretion of the governing authority
of the nonpublic school. Specifies that if participation is permitted, the governing
authority shall determine the terms and conditions of any such participation at the HLS 10RS-870 REENGROSSED
HB NO. 303
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are additions.
school. Provides, however, that the student's participation shall be subject to the
same requirements, policies, and rules of eligibility of the LHSAA as applicable to
other students participating in the activity at that school, excluding any association
requirements, policies, or rules that prohibit or restrict such participation by a student
in a state-approved home study program.
Provides that no person, individually or on behalf of any other person, shall have a
cause of action arising from a denial of participation of a home study student in
interscholastic athletics at a state-approved nonpublic high school or, if a home study
student is allowed to participate under terms and conditions determined by the
school's governing authority, from any refusal or denial by the nonpublic school of
further participation by the student to participate in interscholastic athletics at the
nonpublic school.
Provides that nothing in proposed law relative to nonpublic schools shall be
construed as regulation of a private secondary school inconsistent with Art. VIII, §4,
of the Constitution of La. (The referenced constitutional provision is relative to
approval by BESE of certain private schools.)
Specifies that to be eligible to participate in interscholastic athletics as provided by proposed
law, the home study student shall meet specified conditions and comply with other
applicable provisions of proposed law.
Provides that the student shall be subject to the same residency or attendance zone
requirements as other students participating in the athletic activity.
Requires that the student's participation be approved by the principal of the school providing
the athletic activity.
Provides that the student's parent or legal guardian shall make a written request for the
student to participate in interscholastic athletic activities to the principal of the school
providing the activity. Requires that such request shall be made not later than the first 11
days of the school year.
Specifies that the principal of the school providing the athletic activity shall approve or
disapprove such written request within 30 days after receipt by the principal of all
information and documentation requested by the principal from the student or the student's
parent or legal guardian, or both. Provides that a request for information and documentation
by the principal shall be limited to information and documentation that is required by
proposed law and information and documentation that is required of other students relative
to participation in the athletic activity.
Provides that a decision by the principal to approve or disapprove the written request for the
student to participate shall be final.
Additionally provides that no person, individually or on behalf of any other person, shall
have a cause of action arising from a denial by a public school principal of participation by
a home study student in interscholastic athletics at the school or, if the student is allowed by
the principal to participate in accordance with proposed law, from any refusal or denial of
further participation by the student in interscholastic athletics at the school.
Provides that after a decision is made by the principal to approve a request for the student
to participate, the student then shall participate in any tryouts for such activity at the same
time and in the same manner as other students who want to participate in the same activity.
Specifies that at the time of participation in the athletic activity, the student and the student's
home study program shall be in full compliance with all guidelines, standards, and
requirements established by R.S. 17:236.1 for a home study program to be approved by the HLS 10RS-870 REENGROSSED
HB NO. 303
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are additions.
state. Requires the student to submit documentation from BESE that the student is in a home
study program approved by the board.
Requires that the student meet academic standards required of other students to participate
in the athletic activity.
Requires the student to submit a copy of his transcript showing units of study completed or
in progress, the grades earned for such study, and his cumulative grade point average.
Provides that the student must meet all other standards and requirements applicable to a
student participating in the athletic activity, including but not limited to tryouts, practice
time, codes of conduct and student discipline, physical exams, proof of age, permission
forms, waivers, required paperwork, fees, and transportation arrangements but excluding any
requirements that the student be enrolled in or attend the school, or both.
Requires the student to meet conditions applicable to students at the school relative to having
any required insurance coverage either by participating, if otherwise eligible, in insurance
programs offered through the school or school system or by providing for such insurance
coverage in another manner.
Provides that a student who has been enrolled in a public or nonpublic school during the
school year in which the student begins home study or during the previous school year and
who was determined ineligible to participate in one or more interscholastic extracurricular
activities at such school for reasons related to student conduct or academic performance, or
both, shall be ineligible to participate in interscholastic athletic activities as provided by
proposed law for one calendar year from the date the student was determined ineligible.
Specifies that a student who has been enrolled in a public or nonpublic school during the
school year in which the student begins home study shall not be eligible to participate in
interscholastic athletic activities as provided by proposed law during the remainder of that
school year nor during the following school year.
Provides that any home study student who provides or on whose behalf others provide any
false representation, documentation, or verification of the student's qualifications for the
purpose of meeting eligibility requirements to participate in interscholastic athletics shall be
ruled ineligible to participate in accordance with policies of the LHSAA and shall be subject
to the same penalties as other students as provided by the association.
Provides that a school determined to be knowledgeable of any false representation,
documentation, or verification of a home study student's qualifications for the purpose of
meeting eligibility requirements to participate in interscholastic athletics shall be subject to
penalties as established by the LHSAA for use of an ineligible student athlete.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:236.3)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Relative to a student's participation at a state-approved nonpublic school that is
a member of the LHSAA, changed proposed law to provide that such
participation shall be at the sole discretion of the school's governing authority
rather than at the sole discretion of the school's principal and only if the school
has adopted standards and procedures for participation that are substantially
similar to those provided by proposed law. HLS 10RS-870 REENGROSSED
HB NO. 303
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2. Relative to a student's participation at a state-approved nonpublic school that is
a member of the LHSAA:
a. Added provision relative to the school's governing authority determining
the terms and conditions of participation at the school.
b. Added provision relative to the student's participation being subject to the
same requirements, policies, and rules of eligibility of the LHSAA as
applicable to other students participating in the activity, excluding certain
association requirements, policies, and rules.
c. Added provision limiting any cause of action arising from a denial of
participation or further participation.
3. Relative to a request to participate at a public school:
a. Changed proposed law to provide that the request shall be made not later
than the first 11 days of the school year rather than within the first 11
days.
b. Changed proposed law to provide that a decision by a public school
principal to approve or disapprove a request to participate shall be final
rather than providing that such a decision that is made in accordance with
the provisions of proposed law shall be final.
c. Added provision limiting any cause of action arising from a denial of
participation or further participation.
House Floor Amendments to the engrossed bill.
1. Changed proposed law to provide that it is relative to eligibility of students in
state-approved home study programs to participate in interscholastic athletics in
certain high schools rather than in certain secondary schools.
2. Changed proposed law to delete provisions requiring that a decision by the
principal to approve or disapprove the written request for the student to
participate shall be made in accordance with the provisions of proposed law and
be based on qualifications and requirements applicable to other students
participating in the activity excluding any requirement relative to the student's
enrollment in or attendance at the school, or both, and retains proposed law that
a decision by the principal shall be final.