HF 2003 (LSB 5024YH (1) 90)

HOUSE FILE 2003

BY  INGELS

A BILL FOR

An Act relating to the participation in extracurricular interscholastic athletic contests and competitions by students with disabilities who are enrolled in public schools or nonpublic schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  256.47  Rules for participation in extracurricular activities by certain students.
   The state board shall adopt rules, consistent with section 280.13, that allow a student with a disability who is twenty years of age or older to participate in extracurricular interscholastic contests or competitions sponsored or administered by an organization as defined in section 280.13.
    Sec. 2.  Section 280.13, Code 2024, is amended to read as follows:
   280.13  Requirements for interscholastic athletic contests and competitions.
   1.  A public school or a nonpublic school shall not participate in or allow students representing a the public school or nonpublic school to participate in any extracurricular interscholastic athletic contest or competition which is sponsored or administered by an organization as defined in this section, unless the organization is satisfies all of the following criteria:
   a.  The organization is registered with the department of education, files.
   b.  The organization files financial statements with the department in the form and at the intervals prescribed by the director of the department of education, and.
   c.  The organization is in compliance with rules which the state board of education adopts for the proper administration, supervision, operation, adoption of eligibility requirements, and scheduling of extracurricular interscholastic athletic contests and competitions and the organizations.
   d.  The organization has established a process to grant waivers allowing students with disabilities who are enrolled in the public school or nonpublic school, and who are twenty years of age or older, to participate in any extracurricular interscholastic athletic contest or competition if the organization determines that the waiver is in the public interest. When determining whether a waiver is in the public interest pursuant to this paragraph, the organization shall consider all of the following:
   (1)  The contents of the student’s individualized education program or plan under section 504 of the federal Rehabilitation Act, 29 U.S.C. §794.
   (2)  How long the student’s individualized education program or plan under section 504 of the federal Rehabilitation Act, 29 U.S.C. §794, has been in place.
   (3)  Whether the student turned twenty years of age during the season in which the extracurricular interscholastic athletic contest or competition takes place and should be allowed to finish the season.
   (4)  How the student’s participation in the extracurricular interscholastic athletic contest or competition may benefit the student.
   (5)  How the student’s participation in the extracurricular interscholastic athletic contest or competition may benefit the public school or nonpublic school in which the student is enrolled and the extracurricular interscholastic athletic contest or competition.
   2.  The student’s individualized education program or plan under section 504 of the federal Rehabilitation Act, 29 U.S.C. §794, shall be confidential and shall not be a public record subject to disclosure by the organization under chapter 22.
   3.  For the purposes of this section, “organization” means a corporation, association, or organization which has as one of its primary purposes the sponsoring or administration of extracurricular interscholastic athletic contests or competitions, but does not include an agency of this state, a public or private school or school board, or an athletic conference or other association whose interscholastic contests or competitions do not include more than twenty-four schools.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the participation in extracurricular interscholastic athletic contests and competitions by students with disabilities who are enrolled in public schools or nonpublic schools.
   Current law prohibits public schools from participating in, or allowing students representing the public school from participating in, any extracurricular interscholastic athletic contest or competition that is sponsored or administered by an organization, as defined in Code section 280.13, unless the organization is registered with the department of education (DE), files financial statements with DE, and complies with rules adopted by the state board of education. The bill modifies these provisions to prohibit public schools and nonpublic schools from participating in, or allowing students representing the school from participating in, any extracurricular interscholastic athletic contest or competition that is sponsored or administered by an organization unless the organization has established a process to grant waivers allowing students with disabilities who are 20 years of age or older to participate in any extracurricular interscholastic athletic contest or competition if the organization determines that the waiver is in the public interest. The bill establishes factors the organization is to consider when determining whether such a waiver is in the public interest.
   The bill requires the state board of education to adopt rules, consistent with these provisions, that allow a student with a disability who is 20 years of age or older to participate in extracurricular interscholastic contests or competitions sponsored or administered by an organization.