House File 423 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON EDUCATION

                                       (SUCCESSOR TO HF 129)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to participation in secondary school
  2    interscholastic sports at the varsity and inferior levels.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1466HV 81
  5 kh/pj/5

PAG LIN



  1  1    Section 1.  Section 256.46, Code 2005, is amended to read
  1  2 as follows:
  1  3    256.46  RULES FOR PARTICIPATION IN EXTRACURRICULAR
  1  4 ACTIVITIES BY CERTAIN CHILDREN.
  1  5    The state board shall adopt rules that permit a child who
  1  6 does not meet the residence requirements for participation in
  1  7 extracurricular interscholastic contests or competitions
  1  8 sponsored or administered by an organization as defined in
  1  9 section 280.13 to participate in the contests or competitions
  1 10 immediately if the child is duly enrolled in a school, is
  1 11 otherwise eligible to participate, and meets one of the
  1 12 following circumstances or a similar circumstance:  the child
  1 13 has been adopted; the child is placed under foster or shelter
  1 14 care; the child is living with one of the child's parents as a
  1 15 result of divorce, separation, death, or other change in the
  1 16 child's parents' marital relationship, or pursuant to other
  1 17 court=ordered decree or order of custody; the child is a
  1 18 foreign exchange student; the child has been placed in a
  1 19 juvenile correctional facility; the child is a ward of the
  1 20 court or the state; the child is a participant in a substance
  1 21 abuse or mental health program; or the child is enrolled in an
  1 22 accredited nonpublic high school because the child's district
  1 23 of residence has entered into a whole grade sharing agreement
  1 24 for the pupil's grade with another district.  The rules shall
  1 25 permit a child who is otherwise eligible to participate, but
  1 26 who does not meet one of the foregoing or similar
  1 27 circumstances relating to residence requirements, to
  1 28 participate at any level of competition inferior to the
  1 29 varsity level.  For purposes of this section and section
  1 30 282.18, "varsity" means the highest level of competition
  1 31 offered by one school or school district against the highest
  1 32 level of competition offered by an opposing school or school
  1 33 district.
  1 34    Sec. 2.  Section 282.18, subsection 13, Code 2005, is
  1 35 amended to read as follows:
  2  1    13.  A pupil who participates in open enrollment for
  2  2 purposes of attending a grade in grades ten nine through
  2  3 twelve in a school district other than the district of
  2  4 residence is ineligible to participate in varsity
  2  5 interscholastic athletic contests and athletic competitions
  2  6 during the pupil's first ninety school days of enrollment in
  2  7 the district except that the pupil may participate immediately
  2  8 in an a varsity interscholastic sport if the pupil is entering
  2  9 grade nine for the first time and did not participate in an
  2 10 interscholastic athletic competition for another school or
  2 11 school district during the summer immediately following eighth
  2 12 grade, if the district of residence and the other school
  2 13 district jointly participate in the sport, if the sport in
  2 14 which the pupil wishes to participate is not offered in the
  2 15 district of residence, if the pupil chooses to use open
  2 16 enrollment to attend school in another school district because
  2 17 the district in which the student previously attended school
  2 18 was dissolved and merged with one or more contiguous school
  2 19 districts under section 256.11, subsection 12, if the pupil
  2 20 participates in open enrollment because the pupil's district
  2 21 of residence has entered into a whole grade sharing agreement
  2 22 with another district for the pupil's grade, or if the parent
  2 23 or guardian of the pupil participating in open enrollment is
  2 24 an active member of the armed forces and resides in permanent
  2 25 housing on government property provided by a branch of the
  2 26 armed services.  A pupil who has paid tuition and attended
  2 27 school, or has attended school pursuant to a mutual agreement
  2 28 between the two districts, in a district other than the
  2 29 pupil's district of residence for at least one school year
  2 30 prior to March 10, 1989, is also eligible to participate
  2 31 immediately in interscholastic athletic contests and athletic
  2 32 competitions under this section, but only as a member of a
  2 33 team from the district that pupil had attended.  For purposes
  2 34 of this subsection, "school days of enrollment" do does not
  2 35 include enrollment in summer school.  For purposes of this
  3  1 subsection, "varsity" means the same as defined in section
  3  2 256.46.
  3  3                           EXPLANATION
  3  4    This bill makes a child eligible to participate immediately
  3  5 in extracurricular interscholastic athletic contests or
  3  6 competitions sponsored by bona fide extracurricular
  3  7 interscholastic athletic organizations, as long as the child
  3  8 is otherwise eligible to participate and the contests or
  3  9 competitions are below the varsity level.  The bill also makes
  3 10 a ninth grade student who participates in open enrollment
  3 11 eligible to participate immediately in a varsity
  3 12 interscholastic sport if the pupil is entering grade nine for
  3 13 the first time.
  3 14    The bill strikes a date, which effectively makes any pupil
  3 15 who paid tuition to attend a school, or attended a school
  3 16 pursuant to an agreement between two districts, in a district
  3 17 other than the district of residence, eligible to participate
  3 18 immediately in contests and competitions, but only as a member
  3 19 of a team from the district of the school that the pupil
  3 20 attended.
  3 21    The bill defines "varsity" as the highest level of students
  3 22 of one school in competition against the highest level of
  3 23 students of one or more other schools.
  3 24 LSB 1466HV 81
  3 25 kh:rj/pj/5