2012 Regular Session
By: Representatives Reynolds, Gipson
AN ACT TO REQUIRE SCHOOL DISTRICTS TO ENROLL LOCAL HOME SCHOOLED STUDENTS ON A PART-TIME BASIS FOR EXTRACURRICULAR ACTIVITY PURPOSES; TO REQUIRE HOME SCHOOLED STUDENTS TO ADHERE TO THE SAME RULES AND REGULATIONS GOVERNING EXTRACURRICULAR ACTIVITIES WHICH ARE APPLICABLE TO FULL-TIME STUDENTS IN THE SCHOOL DISTRICT; TO PROHIBIT A LOCAL SCHOOL BOARD FROM IMPOSING ANY REQUIREMENT UPON A HOME SCHOOLED STUDENT FOR PARTICIPATION IN AN EXTRACURRICULAR ACTIVITY WHICH IS NOT IMPOSED UPON FULL-TIME STUDENTS; TO AUTHORIZE THE STATE BOARD OF EDUCATION TO PROMULGATE RULES AND REGULATIONS GOVERNING POLICIES IMPLEMENTED BY LOCAL SCHOOL BOARDS RELATING TO THE PARTICIPATION OF HOME SCHOOLED STUDENTS IN EXTRACURRICULAR ACTIVITIES; TO REQUIRE HOME SCHOOLED STUDENTS ENROLLED IN A LOCAL SCHOOL DISTRICT ON A PART-TIME BASIS FOR EXTRACURRICULAR ACTIVITY PURPOSES TO BE INCLUDED IN THE SCHOOL DISTRICT'S AVERAGE DAILY ATTENDANCE UNDER THE ADEQUATE EDUCATION PROGRAM; TO SUSPEND THE AUTHORITY OF SCHOOL DISTRICTS TO ENROLL HOME SCHOOLED STUDENTS FOR EXTRACURRICULAR PURPOSES IN THOSE YEARS IN WHICH STATE FUNDING IS NOT APPROPRIATED FOR EXPENSES ASSOCIATED WITH THE HOME SCHOOLED STUDENTS' PART-TIME ENROLLMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section:
(a) "Home schooled student" means a child who is being educated by private teachers, parents, guardians or custodians in a legitimate home instruction program, as defined under the Mississippi Compulsory School Attendance Law (Section 37-13-91);
(b) "Extracurricular activity" means any school-authorized or education-related activity occurring during or outside the regular instructional school day including, but not limited to, academic teams, athletics, art, band, choir, honor societies, music and theatre.
(2) Except as otherwise provided in subsection (7), a home schooled student may participate in any extracurricular activities available to students in the home schooled student's grade in the local school of the school district where that student resides. Upon the request of the home schooled student's parent, guardian or legal custodian, the local school board shall enroll the student on a part-time basis in a public school for purposes of participating in an extracurricular activity or activities available to students in the home schooled student's grade in that school. The request for part-time enrollment of a home schooled student for the purpose of participating in extracurricular activities must be submitted to the school district before the deadline established by the school board for receiving those requests, which deadline must be before the end of the school year next preceding the school year in which the home schooled student seeks to participate in extracurricular activities.
(3) A home schooled student must reside within the attendance boundaries of the school in which the student is seeking enrollment for the purposes of participating in an extracurricular activity or activities.
(4) A home schooled student participating in an extracurricular activity and his or her parents must adhere to the same rules and regulations adopted by the local school board governing participation in that activity by students in the local school. Each local school board shall adopt a policy governing home schooled student participation in extracurricular activities, which policy must conform to those rules and regulations adopted by the State Board of Education under subsection (5) of this section. However, a local school board may not impose any requirements on a home schooled student auditioning for or participating in extracurricular activities that are not imposed on full-time students of the local public school district. When selection to participate in an extracurricular activity at a local public school is made on a competitive basis, a home schooled student is eligible to try out for and participate in the activity under the same terms and conditions that are applicable to students enrolled in that school.
(5) The State Board of Education shall promulgate any rules and regulations as deemed necessary to promote consistency of policies implemented by local school boards throughout the state governing participation by home schooled students in extracurricular activities as authorized under this section.
(6) This section may not be construed to require any home schooled student to enroll in a school district for extracurricular activity purposes.
(7) A home schooled student enrolled in a public school on a part-time basis must be included in the local school district's average daily attendance for the purposes of determining the school district's annual allotment of funds under the Mississippi Adequate Education Program. In any year in which the Legislature does not appropriate sufficient funding for the expenses associated with the part-time enrollment of home schooled students for extracurricular activity purposes, the authority granted in this section shall be suspended, and a local school district may not enroll any home schooled student on a part-time basis during the applicable school year.
SECTION 2. This act shall take effect and be in force from and after July 1, 2012.