NOTE: The governor signed this measure on 4/26/2013.
      
      
      HOUSE BILL 13-1095
      
      
      BY REPRESENTATIVE(S) Stephens, Court, Fields, Ginal, Pabon, Priola,
      Rosenthal, Saine, Schafer, Singer, Williams, Young;
      also SENATOR(S) Marble, Crowder, Grantham, Jahn, Kefalas, King,
      Lambert, Lundberg, Roberts, Scheffel, Todd.
      
      
      Concerning participation in extracurricular school activities by
           students enrolled in nonpublic home-based educational
           programs.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 22-33-104.5, amend
      (6) (b) (I) as follows:
      
           22-33-104.5.  Home-based education - legislative declaration -
      definitions - guidelines. (6) (b) (I)  For purposes of this subsection (6), a
      child who is participating in a nonpublic home-based educational program
      shall have has the same rights as a student enrolled in a public school of the
      school district in which the child resides or is enrolled and may participate
      on an equal basis in any extracurricular or interscholastic activity offered by
      a public school or offered by a private school, at the private school's
      discretion, as provided in section 22-32-116.5 and is subject to the same
      rules of any interscholastic organization or association of which the
      student's school of participation is a member. A school district, a public
      school, or an interscholastic organization or association shall
      not require a child who is participating in a nonpublic home-based
      educational program and who chooses to participate in an
      extracurricular activity at a public school selected by the
      district to enroll in a course or to complete any course credits as
      an eligibility requirement or other condition for participating in
      the extracurricular activity at the district-selected school of
      participation; except that the school district, public school, or
      interscholastic organization may require the student to enroll
      in a course if the extracurricular activity is an extension of the
      course, such as a performing arts group.
      
           SECTION 2.  In Colorado Revised Statutes, 22-32-116.5, add (4)
      (c) as follows:
      
           22-32-116.5.  Extracurricular and interscholastic activities.
      (4) (c)  Notwithstanding any provision of this subsection (4) to the
      contrary, a school district or a public school shall not require a
      student who is participating in a nonpublic home-based
      educational program and who chooses to participate in an
      extracurricular activity at a public school selected by the
      district to enroll in a course or to complete any course credits as
      an eligibility requirement or other condition for participating in
      the activity at the district-selected school of participation;
      except that the school district or public school may require the
      student to enroll in a course  if the extracurricular activity is an
      extension of the course, such as a performing arts group.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO