115757-1:n:12/16/2009:JRC/th LRS2009-5244
| SYNOPSIS: | Existing provisions prevent a child instructed at home by either a private tutor or under the laws relating to church schools to participate in extracurricular activities offered by public schools. |
| This bill as enacted would be cited as the "Tim Tebow Act." As used in this bill, the term "extracurricular" would mean any school authorized activity including athletics, athletic teams, and band occurring during or outside the regular instructional school day. | |
| This bill would allow a student being taught at home by either a private tutor or under church school law to participate in athletics, athletic teams, and band. | |
| This bill would require participating students to adhere to the same requirements as public school students concerning activity fees, standards of behavior, responsibility, performance, conduct, academic standards, and residency requirements. | |
| This bill would specify that insurance coverage provided by a school board for participants in extracurricular activities would cover a child instructed at home by private tutor or under church school law. | |
| This bill would also specify that no school team utilizing these students would be impeded from competing against any other public or private school team. | |
| This bill would allow such students to participate in these activities in a non-public school, if the non-public school permits such student participation. | |
| Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. | |
| The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment. |
Relating to education; providing for the Tim Tebow Act; permitting a child instructed at home either by a private tutor or under the church school law to participate in extracurricular activities; to provide certain requirements; to provide for insurance coverage; to specify schools utilizing such students may not be impeded from competing against other schools; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a)(1) This act shall be known and may be cited as the Tim Tebow Act.
(2) The purpose of this act is to allow students instructed at home by either a private tutor or under the church school law to participate in athletics, athletic teams, and band.
(b) A student who is instructed by a private tutor as authorized by law, regulation, or otherwise, may participate in activities sponsored by or engaged in by a public school system, or in a non-public school, if the non-public school permits the student to participate at that school. Such extracurricular activities include athletics, athletic teams, and band, but does not exclude other activities which local school systems open to these students. Such student shall register with the local board of education in the district where the student resides. Such participation is conditioned on each of the following:
(1) The student registers with the school an intention to participate in the extracurricular activities as a representative of the school.
(2) The student pays any participation or activity fee in an amount equal to the fee charged to public school participants.
(3) The student adheres to the same standards of behavior, responsibility, performance, and code of conduct as other participants of the team or activity. If the student is convicted of, or is found to have committed, a felony or a delinquent act which would have been a felony if committed by an adult, regardless of whether adjudication is withheld, the participation of the student in interscholastic extracurricular activities is contingent upon established and published district school board policy.
(4) The student adheres to the same academic standards as other participants of the team or activity, with those standards confirmed by appropriate documentation provided by the tutor to the public school providing the activity in which the student will participate. Such students shall be able to participate in curricular activities if that is a requirement of an extracurricular activity, including, but not limited to, weight training or band practice.
(5) The student meets the same residency requirements as other students in the school at which the student participates.
(6) A student of a public school or private school who has been unable to maintain academic eligibility for participation in extracurricular activities is ineligible to participate in such activities as a student instructed by a private tutor until the student has successfully satisfied standards to regain eligibility that are equivalent to those standards imposed on other students at the same grade level.
(7) A student instructed by a private tutor who transfers to a public school before or during the first grading period of the school year is academically eligible to participate in extracurricular activities during the first grading period provided the student has a successful evaluation from the previous year.
(c) A student who is taught at home enrolled in a church school as defined in Section 16-28-1 of the Code of Alabama 1975, may participate in activities sponsored by, or engaged in by a public school system, or in a non-public school, if the non-public school permits the student to participate at that school. Such extracurricular activities include athletics, athletic teams, and band, but does not exclude other activities which local school systems open to these students. Such student shall register with the local board of education in the district where the student resides. Such participation is conditioned on each of the following:
(1) The student registers with the school an intention to participate in extracurricular activities as a representative of the school for the activity in which the student wishes to participate.
(2) The student pays any participation or activity fee in an amount equal to the fee charged to public school participants.
(3) The student adheres to the same standards of behavior, responsibility, performance, and code of conduct as other participants of the team or activity. If the student is convicted of, or is found to have committed, a felony or a delinquent act which would have been a felony if committed by an adult, regardless of whether adjudication is withheld, the participation of the student in interscholastic extracurricular activities is contingent upon established and published district school board policy.
(4) The student adheres to the same academic standards as other participants of the team or activity, with those standards confirmed by appropriate documentation provided by the church school administrator to the public school providing the activity in which the student will participate. Such students shall be able to participate in curricular activities if that is a requirement of an extracurricular activity, including, but not limited to, weight training or band practice.
(5) The student meets the same residency requirements as other students in the school at which the student participates.
(6) A student of a public school or private school who has been unable to maintain academic eligibility for participation in extracurricular activities is ineligible to participate in such activities as a student who is taught at home enrolled in a church school until the student has successfully satisfied standards to regain eligibility that are equivalent to those imposed on other students at the same grade level.
(7) A student taught at home enrolled in a church school who transfers to a public school before or during the first grading period of the school year is academically eligible to participate in extracurricular activities during the first grading period provided the student has a successful evaluation from the previous year.
(d) Any insurance provided by a district school board for participants in extracurricular activities shall cover a participating student instructed by private tutor and a participating student instructed at home enrolled in a church school. If there is an additional premium for such coverage, such participating student shall pay the premium.
(e) Other activities or classes may be open by public schools to students instructed at home by either a private tutor or under church school law depending on local school board decisions.
(f)(1) No public school team or group shall be impeded from competing against any other public or non-public school's team or group because the team or group utilizes students as provided in this section.
(2) Public schools are prohibited from membership in any organization or entity which regulates or governs interscholastic extracurricular activities and discriminates against eligible students in public or non-public schools, or students being taught by private tutor or enrolled in church schools.
Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill requires expenditures only by a school board.
Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.