S.F. 455 Section 1. Section 256.46, Code 2011, is amended to read as 1 follows: 2 256.46 Rules for participation in extracurricular activities 3 by certain children. 4 1. The state board shall adopt rules that permit a child 5 who does not meet the residence requirements for participation 6 in extracurricular interscholastic contests or competitions 7 sponsored or administered by an organization as defined in 8 section 280.13 to participate in the contests or competitions 9 immediately if the child is duly enrolled in a school, is 10 otherwise eligible to participate, and meets one of the 11 following circumstances or a similar circumstance: the 12 organization determines participation is in the best interest 13 of the child; the child has been adopted; the child is placed 14 under foster or shelter care; the child is living with one of 15 the child’s parents as a result of divorce, separation, death, 16 or other change in the child’s parents’ marital relationship, 17 or pursuant to other court-ordered decree or order of custody , 18 unless it is determined by an organization as defined in 19 section 280.13 that the child’s enrollment is for primarily 20 athletic purposes ; the child is a foreign exchange student, 21 unless undue influence was exerted to place the child for 22 primarily athletic purposes; the child has been placed in a 23 juvenile correctional facility; the child is a ward of the 24 court or the state; the child is a participant in a substance 25 abuse or mental health program; or the child is enrolled in an 26 accredited nonpublic high school because the child’s district 27 of residence has entered into a whole grade sharing agreement 28 for the pupil’s grade with another district. The rules shall 29 permit a child who is otherwise eligible to participate, but 30 who does not meet one of the foregoing or similar circumstances 31 relating to residence requirements, to participate at any level 32 of competition other than the varsity level. 33 2. The period of ineligibility from varsity-level 34 competition for a child who does not meet the residence 35 -1- LSB 1887SV (2) 84 kh/nh 1/ 4

S.F. 455 requirements or one of the circumstances listed in subsection 1 1 shall be the child’s first one hundred eighty school days of 2 enrollment. 3 3. For purposes of this section and section 282.18 , 4 “varsity” means the highest level of competition offered by 5 one school or school district against the highest level of 6 competition offered by an opposing school or school district. 7 Sec. 2. Section 282.18, subsection 11, Code 2011, is amended 8 to read as follows: 9 11. A pupil who participates in open enrollment for purposes 10 of attending a grade in grades nine through twelve in a school 11 district other than the district of residence is ineligible 12 to participate in varsity interscholastic athletic contests 13 and athletic competitions during the pupil’s first ninety 14 one hundred eighty school days of enrollment in the district 15 except that the pupil may participate immediately in a varsity 16 interscholastic sport if the pupil is entering grade nine for 17 the first time and did not participate in an interscholastic 18 athletic competition for another school or school district 19 during the summer immediately following eighth grade, if the 20 district of residence and the other school district jointly 21 participate in the sport, if the sport in which the pupil 22 wishes to participate is not offered in the district of 23 residence, if the pupil chooses to use open enrollment to 24 attend school in another school district because the district 25 in which the student previously attended school was dissolved 26 and merged with one or more contiguous school districts under 27 section 256.11, subsection 12 , if the pupil participates in 28 open enrollment because the pupil’s district of residence has 29 entered into a whole grade sharing agreement with another 30 district for the pupil’s grade, or if the parent or guardian 31 of the pupil participating in open enrollment is an active 32 member of the armed forces and resides in permanent housing 33 on government property provided by a branch of the armed 34 services. A pupil who has paid tuition and attended school, or 35 -2- LSB 1887SV (2) 84 kh/nh 2/ 4

S.F. 455 has attended school pursuant to a mutual agreement between the 1 two districts, in a district other than the pupil’s district 2 of residence for at least one school year is also eligible to 3 participate immediately in interscholastic athletic contests 4 and athletic competitions under this section , but only as a 5 member of a team from the district that pupil had attended. 6 For purposes of this subsection , “school days of enrollment” 7 does not include enrollment in summer school. For purposes of 8 this subsection , “varsity” means the same as defined in section 9 256.46 . 10 Sec. 3. ATHLETIC ORGANIZATION REVIEW. The department of 11 education shall request any organization, as defined in section 12 280.l3, which has sufficient information or experience with 13 such situations, to review the matrix developed and utilized 14 by the department to determine athletic eligibility situations 15 caused by school district dissolutions, reorganizations, and 16 whole grade sharing; review statutes and administrative rules 17 relating to athletic eligibility; and submit recommendations 18 for changes to statute or administrative rule in a report 19 to the department. The department shall summarize the 20 recommendations and submit such summary to the general assembly 21 not later than December 1, 2011. 22 EXPLANATION 23 This bill extends to 180 school days the period of 24 varsity athletic ineligibility applicable to a high school 25 student who does not meet the residence requirements for 26 extracurricular interscholastic contests and competitions, or 27 who is participating in open enrollment, permits a child to 28 participate in such contests or competitions immediately if 29 an athletic organization determines participation is in the 30 child’s best interest, and provides for a review of athletic 31 eligibility issues by an athletic organization. 32 Currently, the period of ineligibility is 90 school days. 33 Current Code also permits a child to participate in contests 34 or competitions immediately if the child is living with one of 35 -3- LSB 1887SV (2) 84 kh/nh 3/ 4

S.F. 455 the child’s parents as a result of divorce, separation, death, 1 or other change in the child’s parents’ marital relationship, 2 or pursuant to other court-ordered decree or order of custody. 3 The bill modifies the provision by adding that such a child 4 can participate immediately unless an athletic organization 5 determined that the child’s enrollment is primarily for 6 athletic purposes. 7 The bill requires the department of education to request 8 any athletic organization which has sufficient information 9 or experience to review the matrix developed and utilized by 10 the department to determine athletic eligibility situations 11 caused by school district dissolutions, reorganizations, and 12 whole-grade sharing; review statutes and administrative rules 13 relating to athletic eligibility; and submit recommendations 14 for changes to statute or administrative rule in a report to 15 the department, which the department must summarize and submit 16 to the general assembly not later than December 1, 2011. 17 -4- LSB 1887SV (2) 84 kh/nh 4/ 4