HF 2004 (LSB 5058YH (2) 91)

HOUSE FILE 2004

BY  STONE

A BILL FOR

An Act relating to nonpublic school student participation in extracurricular interscholastic activities provided by public schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 280.13D, Code 2026, is amended to read as follows:
   280.13D  Participation in extracurricular interscholastic athletic contests or competitions and extracurricular interscholastic activities provided by public schools.
   1.  a.  The board of directors of a school district shall allow a student who resides within the school district, and who is enrolled in a nonpublic school, to participate in any extracurricular interscholastic athletic contest or competition, and any extracurricular interscholastic activity, including theater, show choir, and band, that is provided by the school district pursuant to the terms of an agreement between the board of directors of the school district and the authorities in charge of the nonpublic school that provides for the eligibility of the student, if all of the following criteria are satisfied:
   (1)  The extracurricular interscholastic athletic contest or competition or extracurricular interscholastic activity has not been provided by the nonpublic school during the two immediately preceding school years.
   (2)  The nonpublic school has not entered into an agreement under section 280.13A with another school district, nonpublic school, or charter school that provides for the eligibility of students enrolled in the nonpublic school to participate in the extracurricular interscholastic athletic contest or competition or extracurricular interscholastic activity that is being provided by that school district, nonpublic school, or charter school.
   b.  The board of directors of a school district shall allow a student who resides within a contiguous school district, and who is enrolled in a nonpublic school, to participate in any extracurricular interscholastic athletic contest or competition and any extracurricular interscholastic activity that is provided by the school district pursuant to the terms of an agreement between the board of directors of the school district and the authorities in charge of the nonpublic school that provides for the eligibility of the student, if all of the following criteria are satisfied:
   (1)  The extracurricular interscholastic athletic contest or competition or extracurricular interscholastic activity has not been provided by the nonpublic school or by the student’s school district of residence during the two immediately preceding school years.
   (2)  The nonpublic school has not entered into an agreement under section 280.13A with another school district, nonpublic school, or charter school that provides for the eligibility of students enrolled in the nonpublic school to participate in the extracurricular interscholastic athletic contest or competition or extracurricular interscholastic activity that is being provided by that school district, nonpublic school, or charter school.
   c.  If the board of directors of a school district has established a fee for the cost of a student’s participation in an extracurricular interscholastic athletic contest or competition or extracurricular interscholastic activity, a student who is enrolled in a nonpublic school and is participating in a contest, or competition, or activity at a public school pursuant to paragraph “a” or “b”, or the student’s parent or guardian, shall be responsible for the payment of such fee. The amount of such fee shall not exceed the amount of the fee the board of directors of the school district has established for students who are enrolled in the school district.
   2.  A student who is enrolled in a nonpublic school and is participating in a an extracurricular interscholastic contest or competition or extracurricular interscholastic activity at a public school pursuant to subsection 1, paragraph “a” or “b”, shall participate under the same conditions as a student who is enrolled in the school district, including meeting the school district’s student code of conduct requirements.
   3.  A student who participates in an extracurricular interscholastic athletic contest or competition or extracurricular interscholastic activity pursuant to this section shall be deemed to satisfy the residence requirements for purposes of section 256.46.
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 participation in extracurricular interscholastic athletic contests or competitions and extracurricular interscholastic activities provided by public schools. Under current law, a student who resides within the school district, and who is enrolled in a nonpublic school, may participate in any extracurricular interscholastic athletic contest or competition offered by the district if the contest or competition has not been provided by the nonpublic school during the two immediately preceding school years, and the nonpublic school has not entered into an agreement under Code section 280.13A with another school district, nonpublic school, or charter school.
   Current law further provides that a student who resides within a contiguous school district, and who is enrolled in a nonpublic school, may participate in any extracurricular interscholastic athletic contest or competition offered by the district if the contest or competition has not been provided by the nonpublic school during the two immediately preceding school years, and the nonpublic school has not entered into an agreement under Code section 280.13A with another school district, nonpublic school, or charter school.
   Current law also provides that if the board of directors of the public school district has established a fee for participation in an extracurricular interscholastic athletic contest or competition, the nonpublic school student, or the student’s parent or guardian, shall be responsible for the payment of such fee. A nonpublic school student who participates in a contest or competition at a public school must participate under the same conditions as a student enrolled in the school district, and shall be deemed to satisfy the residence requirements established in Code section 256.46.
   The bill provides that nonpublic school students may participate in extracurricular interscholastic activities at public schools, including theater, show choir, and band, in the same manner as they may for interscholastic athletic contests or competitions.