1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 1771 By: Kane | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to schools; defining terms; requiring | | school district boards of education to adopt policy | 8| allowing certain students to participate in certain | | activities; requiring publication of policy; | 9| providing eligibility criteria for participation; | | requiring compliance with academic standards; | 10| providing for agreed-upon method for evaluation of | | compliance; amending 70 O.S. 2021, Section 27-103, | 11| which relates to the Oklahoma Extracurricular | | Activities Accountability Act; requiring policy to | 12| allow participation of certain students in certain | | activities; providing for codification; providing an | 13| effective date; and declaring an emergency. | | | 14| | | | 15| | | | 16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 17| SECTION 1. NEW LAW A new section of law to be codified | | | 18|in the Oklahoma Statutes as Section 8-201 of Title 70, unless there | | | 19|is created a duplication in numbering, reads as follows: | | | 20| A. As used in this section: | | | 21| 1. "Resident district" means the public school district in | | | 22|which a student resides as defined in Section 1-113 of Title 70 of | | | 23|the Oklahoma Statutes; | | | 24| | | | Req. No. 6588 Page 1 ___________________________________________________________________________
1| 2. "School athletic association" shall have the same meaning as | | | 2|defined in Section 27-102 of Title 70 of the Oklahoma Statutes; and | | | 3| 3. "Students who are educated by other means" means students | | | 4|who are educated pursuant to the other means of education exception | | | 5|provided for in subsection A of Section 10-105 of Title 70 of the | | | 6|Oklahoma Statutes. | | | 7| B. Beginning with the 2023-2024 school year, each school | | | 8|district board of education shall adopt a policy allowing students | | | 9|who are educated by other means to participate in extracurricular | | | 10|activities offered by the student's resident district. The policy | | | 11|shall be published in the school district student handbook and | | | 12|posted on the school district website. | | | 13| C. In order to participate in extracurricular activities | | | 14|pursuant to this section, students who are educated by other means | | | 15|shall: | | | 16| 1. Register an intention to participate with the board of | | | 17|education of the resident district by the July 1 immediately | | | 18|preceding the school year in which participation is intended; | | | 19| 2. Pay any participation or activity fee in an amount equal to | | | 20|any fee charged to a resident district participant; | | | 21| 3. Adhere to the same standards of behavior, responsibility, | | | 22|performance, and code of conduct as other participants of the | | | 23|resident district; | | | 24| | | | Req. No. 6588 Page 2 ___________________________________________________________________________
1| 4. Adhere to any rules and policies of a school athletic | | | 2|association which provides the coordination, supervision, and | | | 3|regulation of the extracurricular activities and contests of | | | 4|schools; | | | 5| 5. Adhere to any physical exams or drug testing provisions | | | 6|required by the board of education of the resident district or the | | | 7|school athletic association which provides the coordination, | | | 8|supervision, and regulation of the extracurricular activities and | | | 9|contests of schools; and | | | 10| 6. Adhere to the same academic standards as other participants | | | 11|of the resident district pursuant to the provisions of subsection D | | | 12|of this section. | | | 13| D. During the time period a student who is educated by other | | | 14|means participates in extracurricular activities pursuant to the | | | 15|provisions of this section, the student shall meet academic | | | 16|standards by a method of evaluation agreed upon by the parent or | | | 17|legal guardian of the student and the superintendent of the resident | | | 18|district. The method of evaluation may include a review of the | | | 19|student's work by a certified teacher employed by the resident | | | 20|district, the student's performance on a nationally recognized | | | 21|standardized test, or evaluation of grades earned through | | | 22|correspondence courses. | | | 23| SECTION 2. AMENDATORY 70 O.S. 2021, Section 27-103, is | | | 24|amended to read as follows: | | | Req. No. 6588 Page 3 ___________________________________________________________________________
1| Section 27-103. A public school or school district shall not be | | | 2|a member of any school athletic association unless that association | | | 3|has adopted a written policy that requires the following: | | | 4| 1. All records of the association to be made accessible | | | 5|consistent with the provisions of the Oklahoma Open Records Act; | | | 6| 2. All meetings of the association to be open and conducted in | | | 7|a manner consistent with the provisions of the Oklahoma Open Meeting | | | 8|Act, including specifically the notice and agenda, voting and | | | 9|executive session requirements;and| | | 10| 3. An annual financial audit and a compliance audit of all | | | 11|funds of the association in accordance with the auditing standards | | | 12|set forth in the Oklahoma Public School Audit Law. In addition, the | | | 13|association shall have performance audits conducted of the | | | 14|operations of the association. A performance audit shall be | | | 15|conducted no later than December 31, 2014, and by December 31 every | | | 16|five (5) years thereafter; and | | | 17| 4. A student who is educated pursuant to the other means | | | 18|exception provided for in subsection A of Section 10-105 of this | | | 19|title may participate in interscholastic activities or contests | | | 20|offered by the student's resident district as defined in Section | | | 21|1-113 of this title. Student participation shall be subject to the | | | 22|provisions of Section 1 of this act. | | | 23| SECTION 3. This act shall become effective July 1, 2023. | | | 24| | | | Req. No. 6588 Page 4 ___________________________________________________________________________
1| SECTION 4. It being immediately necessary for the preservation | | | 2|of the public peace, health or safety, an emergency is hereby | | | 3|declared to exist, by reason whereof this act shall take effect and | | | 4|be in full force from and after its passage and approval. | | | 5| | | | 6| 59-1-6588 EK 12/28/22 | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 6588 Page 5