SENATE BILL 97153
BY SENATORS Wells, Hernandez, and Johnson;
also REPRESENTATIVES Dean, Bacon, Musgrave, Reeser,
and Tupa.
CONCERNING STUDENT PARTICIPATION IN ACTIVITIES AT
PUBLIC SCHOOLS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2232116.5 (1)
and (6) (a), Colorado Revised Statutes, 1995 Repl. Vol.,
as amended, are amended, and the said 2232116.5 is
further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
2232116.5. Extracurricular
and interscholastic activities. (1) (a) Notwithstanding
any other provision of this article, or
any policy or rule of any recognized association of schools that
organizes and controls sanctioned extracurricular or interscholastic
activities, each school district
and each public school, subject to the requirements of this section,
shall allow any student enrolled in a school or participating
in a nonpublic homebased educational program to participate
on an equal basis in any activity offered by the school district
or the public school that is not offered at the student's school
of attendance or through the student's nonpublic homebased
educational program. A SCHOOL DISTRICT OR SCHOOL SHALL NOT ADOPT
OR AGREE TO BE BOUND BY ANY RULE OR POLICY OF ANY ORGANIZATION
OR ASSOCIATION THAT WOULD PROHIBIT ANY PARTICIPATION ALLOWED BY
THIS SECTION. Each nonpublic school may allow a student to participate
in a particular activity offered by the nonpublic school, at the
nonpublic school's discretion.
(b) There
is a presumption that a ANY student
may participate in an activity through any amateur association
or league that
OF WHICH THE SCHOOL OR SCHOOL DISTRICT is not a member, of
an association of schools that organizes and controls sanctioned
extracurricular or interscholastic activities
and that
such participation shall not prevent the student from participating
or affect the student's eligibility to participate in the same
activity at any school, subject to the limitations specified in
this section. Prior to participating in any activity through such
an amateur association or league, the student shall obtain the
express written permission of the principal of the school at which
the student participates in the activity, which permission shall
be granted under guidelines adopted
by the school district. IF:
(I) THE STUDENT'S CLASS ATTENDANCE IS
NOT COMPROMISED; AND
(II) THE STUDENT IS IN GOOD ACADEMIC STANDING
UNDER THE SCHOOL'S ACTIVITIES POLICY APPLICABLE TO ALL STUDENTS.
(6) (a) A school may charge any student
participating in an activity a participation fee as a prerequisite
to participation. The fee amount that a school of participation
charges a nonenrolled student shall not exceed ONE HUNDRED FIFTY
PERCENT OF the FEE amount the school of participation would charge
an enrolled student to participate in the activity.
(9.5) (a) NOTWITHSTANDING ANY RULE
ADOPTED OR AGREED TO BY ANY PUBLIC SCHOOL OR SCHOOL DISTRICT,
ANY STUDENT WHO IS SANCTIONED OR IS FOUND BY THE SCHOOL, SCHOOL
DISTRICT, OR ANY ORGANIZATION OR ASSOCIATION TO WHICH THE SCHOOL
OR SCHOOL DISTRICT BELONGS TO BE INELIGIBLE TO PARTICIPATE IN
ANY ACTIVITY FOR ANY REASON, EXCEPT UNSPORTSMANLIKE CONDUCT OR
EJECTION FROM AN ACTIVITY, MAY APPEAL THE SANCTION OR FINDING.
THE APPEAL MAY BE MADE THROUGH THE APPLICABLE PROCESS AT THE SCHOOL,
ANY LEAGUE TO WHICH THE SCHOOL OR SCHOOL DISTRICT BELONGS, OR
ANY OTHER ORGANIZATION TO WHICH THE SCHOOL OR SCHOOL DISTRICT
BELONGS.
(b) ANY STUDENT MAY BYPASS THE APPEAL
PROCESS AT ANY TIME BY FILING A PETITION OR COMPLAINT WITH A GROUP
OF SITTING OR RETIRED JUDGES OR OTHER GROUP OF NEUTRAL ARBITRATORS
APPROVED BY THE SCHOOL, SCHOOL DISTRICT, OR ANY ORGANIZATION OR
ASSOCIATION TO WHICH THE SCHOOL OR SCHOOL DISTRICT BELONGS. IN
RENDERING HIS OR HER DECISION, THE JUDGE OR ARBITRATOR SHALL CONSIDER
WHETHER ANY RULE WAS PROPERLY APPLIED TO THE STUDENT AND WHETHER
A WAIVER OF ANY RULE SHOULD BE GRANTED. A FINAL DECISION SHALL
BE RENDERED BY THE JUDGE OR ARBITRATOR NO LATER THAN THIRTY DAYS
AFTER THE FILING OF THE PETITION OR COMPLAINT AND SHALL BE BINDING
ON THE STUDENT, THE SCHOOL, THE SCHOOL DISTRICT, AND ANY ASSOCIATION
OR ORGANIZATION TO WHICH THE SCHOOL OR SCHOOL DISTRICT BELONGS.
ANY COST ASSOCIATED WITH A JUDGE OR ARBITRATOR SHALL BE CHARGED
EQUALLY TO THE STUDENT AND ANY ASSOCIATION OR ORGANIZATION TO
WHICH THE SCHOOL OR SCHOOL DISTRICT BELONG.
(c) THIS SUBSECTION (9.5) SHALL NOT APPLY
TO ANY COACH'S TEAM RULES THAT ARE UNIFORMLY APPLICABLE TO ALL
TEAM MEMBERS; EXCEPT THAT NO COACH MAY ADOPT A RULE THAT IS CONTRARY
TO ANY PROVISION OF THIS SECTION.
SECTION 2. 2234101 (2),
Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
2234101. High school fast
track program. (2) Any high
school pupil taking college credit at a state institution of higher
education pursuant to the provisions of this section shall be
eligible for all sanctioned high school activities. only
at the high school attended during the previous academic year.
Pupils complying with the provisions of this section shall be
considered eligible for all sanctioned high school and interscholastic
activities of any recognized association
of schools organizing and controlling such activities,
AS IF THE PUPIL WERE ATTENDING CLASSES AT THE HIGH SCHOOL until
the time of graduation of the student's senior class. if
the student attains the required academic standards of the association
for eligibility to participate. The
high school pupil shall have none of the rights and privileges
of any regularly enrolled student at the state institution of
higher education.
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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO