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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1771 By: Kane
AS INTRODUCED
An Act relating to schools; defining terms; requiring
school district boards of education to adopt policy
allowing certain students to participate in certain
activities; requiring publication of policy;
providing eligibility criteria for participation;
requiring compliance with academic standards;
providing for agreed-upon method for evaluation of
compliance; amending 70 O.S. 2021, Section 27 -103,
which relates to the Oklahoma Extracurricu lar
Activities Accountability Act; requiring policy to
allow participation of certain students in certain
activities; providing for codification; providing an
effective date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 8-201 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Resident district" means the public school district in
which a student resides as defined in Section 1 -113 of Title 70 of
the Oklahoma Statutes;
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2. "School athletic association " shall have the same meaning as
defined in Section 27-102 of Title 70 of the O klahoma Statutes; and
3. "Students who are educated by other means " means students
who are educated pursuant to the other means of education exception
provided for in subsectio n A of Section 10-105 of Title 70 of the
Oklahoma Statutes.
B. Beginning with the 2023 -2024 school year, each school
district board of education shall adopt a policy allowing students
who are educated by other means to participate in extracurricu lar
activities offered by the student's resident district. The policy
shall be published in the school distric t student handbook and
posted on the school distri ct website.
C. In order to participate in extracurricu lar activities
pursuant to this section, students who are educated by other means
shall:
1. Register an intention to participate with the board of
education of the resident distric t by the July 1 immediately
preceding the school year in whic h participation is intended;
2. Pay any participation or acti vity fee in an amount equal to
any fee charged to a resident district participant;
3. Adhere to the same standards of behavior, responsi bility,
performance, and code of conduct as other partici pants of the
resident district;
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4. Adhere to any rules and po licies of a school athletic
association which provides the coordination, supervision , and
regulation of the extracurricular activities and contests of
schools;
5. Adhere to any physical exams o r drug testing provisions
required by the board of education o f the resident district or the
school athletic association which provides the coordination,
supervision, and regulation of the extracurricular activities and
contests of schools; and
6. Adhere to the same academic standards as other partic ipants
of the resident district pursuant to the provi sions of subsection D
of this section.
D. During the time period a student who is educated by other
means participates in extracurricular activities pursuan t to the
provisions of this section, the student shall meet academic
standards by a method o f evaluation agreed upon by the parent or
legal guardian of the student and the superin tendent of the resident
district. The method of evaluati on may include a review of the
student's work by a certified t eacher employed by th e resident
district, the student's performance on a nationally recognized
standardized test, or evaluation of grades earned through
correspondence courses.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 27 -103, is
amended to read as follows:
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Section 27-103. A public school or school district shall not be
a member of any school athletic association unless that association
has adopted a written policy th at requires the following:
1. All records of the a ssociation to be made accessible
consistent with the provisions of t he Oklahoma Open Records Act;
2. All meetings of the association to be open and conducted in
a manner consistent with the provisions of the Oklahoma Open Meeting
Act, including specifical ly the notice and agenda, voting and
executive session requirements; and
3. An annual financial audit and a compliance audit of all
funds of the association in accordance with the auditing standards
set forth in the Oklahoma Public School Audit Law. In a ddition, the
association shall have performance audits conducted of the
operations of the association. A performance audit shall be
conducted no later than December 31, 2014, and by December 31 every
five (5) years thereafter ; and
4. A student who is educated pursuant to the other mean s
exception provided for in subsection A of Section 10-105 of this
title may participate in interscho lastic activities or contests
offered by the student's resident district as defined in Section 1 -
113 of this title. Student participation shall be subject to the
provisions of Section 1 of this act.
SECTION 3. This act shall become effective July 1, 2023.
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SECTION 4. It being immediately necessary for the preservation
of the public peace, healt h or safety, an emergency is he reby
declared to exist, by reason wh ereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-6588 EK 12/28/22