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ACT No. 691
Regular Session, 2010
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
AN ACT1
To enact R.S. 17:176(G) and 236.3, relative to student eligibility to participate in high2
school interscholastic athletics; to provide certain definitions relative to participation3
in extracurricular activities; to provide relative to the eligibility of students in state-4
approved home study programs to participate in interscholastic athletics in certain5
high schools; to provide applicability; to provide guidelines and conditions for6
participation; to provide limitations; to provide effectiveness; to provide an effective7
date; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:176(G) and 236.3 are hereby enacted to read as follows:10
§176. Extracurricular activities; participation; standards; prohibitions; filming or11
videotaping; definitions12
* * *13
G. For purposes of regulation of interscholastic athletic activity by the14
Louisiana High School Athletic Association, the word "family" as used in the rules,15
regulations, or by-laws of the Association shall mean "immediate family", and shall16
be defined as consisting of a student's parents, spouse, children, and siblings,17
excluding step siblings. If the phrase "extended family" is used by the Association,18
it shall mean the immediate family together with collateral relatives. The provisions19
of this Subsection shall apply retroactively to August 1, 2009.20
* * *21 ENROLLEDHB NO. 303
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§236.3. Home study program participants; eligibility to participate in interscholastic1
athletics; guidelines; standards; limitations2
A. Beginning with the 2010-2011 school year and continuing thereafter, a3
student in a home study program approved by the State Board of Elementary and4
Secondary Education in accordance with R.S. 17:236.1 shall be eligible as follows5
to participate in interscholastic athletic activities at a high school that is a member6
of the Louisiana High School Athletic Association:7
(1) If seeking to participate at a public high school that is a member of the8
association, participation shall be in accordance with the provisions of this Section.9
(2)(a) If seeking to participate at a state-approved nonpublic high school that10
is a member of the association, participation shall be at the sole discretion of the11
governing authority of the nonpublic school. If participation is permitted, the12
governing authority shall determine the terms and conditions of any such13
participation at the school. However, the student's participation shall be subject to14
the same requirements, policies, and rules of eligibility of the Louisiana High School15
Athletic Association as applicable to other students participating in the activity at16
that school, excluding any association requirements, policies, or rules that prohibit17
or restrict such participation by a student in a state-approved home study program.18
(b) No person, individually or on behalf of any other person, shall have a19
cause of action arising from a denial of participation of a home study student in20
interscholastic athletics at a state-approved nonpublic high school or, if a home study21
student is allowed to participate under terms and conditions determined by the22
governing authority of the nonpublic school, from any refusal or denial by the23
nonpublic school of further participation by the student in interscholastic athletics24
at the nonpublic school.25
(c) Nothing in this Subsection shall be construed as regulation of a private26
secondary school inconsistent with Article VIII, Section 4, of the Constitution of27
Louisiana.28 ENROLLEDHB NO. 303
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B. To be eligible to participate in interscholastic athletics as provided by1
Subsection A of this Section, the home study student shall meet each of the2
following conditions and comply with other applicable provisions of this Section:3
(1) The student shall be subject to the same residency or attendance zone4
requirements as other students participating in the athletic activity.5
(2)(a) The student's participation shall be approved by the principal of the6
school providing the athletic activity.7
(b) The student's parent or legal guardian shall make a written request for the8
student to participate in interscholastic athletic activities to the principal of the9
school providing the activity. Such request shall be made not later than the first10
eleven days of the school year.11
(c) The principal of the school providing the athletic activity shall approve12
or disapprove such written request within thirty days after receipt by the principal of13
all information and documentation requested by the principal from the student or the14
student's parent or legal guardian, or both. A request for information and15
documentation by the principal shall be limited to information and documentation16
that is required by this Section and information and documentation that is required17
of other students relative to participation in the athletic activity.18
(d) A decision by the principal to approve or disapprove the written request19
for the student to participate shall be final.20
(e) No person, individually or on behalf of any other person, shall have a21
cause of action arising from a denial by a public school principal of participation by22
a home study student in interscholastic athletics at the school or, if a home study23
student is allowed by the principal to participate under the terms and conditions24
provided by this Section from any refusal or denial of further participation by the25
student in interscholastic athletics at the school.26
(3) After a decision is made by the principal to approve a request for the27
student to participate, the student then shall participate in any tryouts for such28
activity at the same time and in the same manner as other students who want to29
participate in the same activity.30 ENROLLEDHB NO. 303
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(4) At the time of participation in the athletic activity, the student and the1
student's home study program shall be in full compliance with all guidelines,2
standards, and requirements established by R.S. 17:236.1 for a home study program3
to be approved by the state.4
(5)(a) The student shall meet academic standards required of other students5
to participate in the athletic activity.6
(b) The student shall submit documentation from the State Board of7
Elementary and Secondary Education that the student is in a home study program8
approved by the board.9
(c) The student shall submit a copy of his transcript showing units of study10
completed or in progress, the grades earned for such study, and his cumulative grade11
point average.12
(6) The student shall meet all other standards and requirements applicable13
to a student participating in the athletic activity, including but not limited to tryouts,14
practice time, codes of conduct and student discipline, physical exams, proof of age,15
permission forms, waivers, required paperwork, fees, and transportation16
arrangements but excluding any requirements that the student be enrolled in or attend17
the school, or both.18
(7) The student shall meet conditions applicable to students at the school19
relative to having any required insurance coverage either by participating, if20
otherwise eligible, in insurance programs offered through the school or school21
system or by providing for such insurance coverage in another manner.22
C.(1) A student who has been enrolled in a public or nonpublic school during23
the school year in which the student begins home study or during the previous school24
year and who was determined ineligible to participate in one or more interscholastic25
extracurricular activities at such school for reasons related to student conduct or26
academic performance, or both, shall be ineligible to participate in interscholastic27
athletic activities as provided by this Section for one calendar year from the date the28
student was determined ineligible.29 ENROLLEDHB NO. 303
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(2) A student who has been enrolled in a public or nonpublic school during1
the school year in which the student begins home study shall not be eligible to2
participate in interscholastic athletic activities as provided by this Section during the3
remainder of that school year nor during the following school year.4
D.(1) Any home study student who provides or on whose behalf others5
provide any false representation, documentation, or verification of the student's6
qualifications for the purpose of meeting eligibility requirements to participate in7
interscholastic athletics shall be ruled ineligible to participate in accordance with8
policies of the Louisiana High School Athletic Association and shall be subject to9
the same penalties as other students as provided by the association.10
(2) A school determined to be knowledgeable of any false representation,11
documentation, or verification of a home study student's qualifications for the12
purpose of meeting eligibility requirements to participate in interscholastic athletics13
shall be subject to penalties as established by the Louisiana High School Athletic14
Association for use of an ineligible student athlete.15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: