House Bill 969

AN ACT TO ESTABLISH THE "TIM TEBOW ACT" FOR THE PURPOSE OF AUTHORIZING HOME-SCHOOLED STUDENTS TO PARTICIPATE IN PUBLIC SCHOOL INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES; TO STIPULATE THE REQUIREMENTS TO DETERMINE A HOME-SCHOOLED STUDENT'S INITIAL AND CONTINUING ELIGIBILITY FOR PARTICIPATION IN PUBLIC SCHOOL INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES; TO PRESCRIBE STIPULATIONS FOR THE TRANSPORTATION OF HOME-SCHOOLED STUDENTS FOR COMPETITION IN SUCH ACTIVITIES; TO ALLOW SCHOOL DISTRICTS TO APPLY TO THE STATE DEPARTMENT OF EDUCATION FOR ADDITIONAL FUNDING TO COVER THE COST OF ANY HOME-SCHOOLED STUDENTS PARTICIPATING IN EXTRACURRICULAR ACTIVITIES; TO ESTABLISH PROCEDURES FOR THE APPLICATION PROCESS; TO ESTABLISH A SPECIAL FUND IN THE STATE TREASURY AS THE "HOME-SCHOOL EXTRACURRICULAR ACTIVITY FUND," TO BE ADMINISTERED BY THE STATE DEPARTMENT OF EDUCATION; TO SPECIFY THE AMOUNT OF GRANTS AWARDED FOR EACH HOME-SCHOOLED STUDENT PARTICIPATING IN PUBLIC SCHOOL EXTRACURRICULAR ACTIVITIES AND THE METHOD OF CALCULATION BASED ON PRIOR YEAR'S PARTICIPATION; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO REPORT DISBURSEMENTS MADE UNDER THIS ACT TO THE OFFICE OF THE STATE AUDITOR, BEGINNING ON JULY 1, 2023, AND EVERY TWO YEARS THEREAFTER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known, and may be cited, as the "Tim Tebow Act."

SECTION 2. As used in this act, the following terms shall have the meaning ascribed in this section, unless the context of use clearly requires otherwise:

(a) "Home school" means a legitimate home instruction program as provided under Section 37-13-91(3)(c).

(b) "Interscholastic extracurricular activity" means any school-authorized sport or activity sanctioned by the Mississippi High School Activities Association.

(i) The results of a nationally recognized standardized test or its equivalence determined by the State Department of Education;

(ii) A portfolio of the previous year's school work demonstrating the student's proficiency appropriate for his or her grade level at the discretion of the school principal or counselor staff; or

(iii) If the student was enrolled in a public, private, parochial, or charter school during the immediately preceding school year, the student's eligibility is based on his or her academic success at that school.

SECTION 3. (1) (a) A student enrolled in a home school is eligible to participate in interscholastic extracurricular activities sponsored by or engaged in by the public local school to which the student would be assigned according to attendance policies adopted by the school board of the district of the student's residence. However, home-schooled students who leave a public school during the school year are subject to the same transfer protocols that apply to public school transfers within and outside the school district of residence. A student eligible under this section, who is selected to participate in extracurricular activities shall:

(i) Pay any participation or activity fee in an amount equal to the fee charged to public school participants;

(ii) Adhere to the same standards of behavior, responsibility, performance and code of conduct as any other participants in the extracurricular activity;

(iii) Adhere to the same academic standards as other participants, with those standards confirmed by appropriate documentation provided by the student to the public school providing the extracurricular activity in which the student will participate. The parent, legal guardian or person standing in loco parentis of a home-schooled student participating in the extracurricular activity must periodically, in accordance with the school's grading calendar, provide written verification to the school indicating that the student is making satisfactory progress, as indicated by the receipt of a passing grade in each course or subject being taught;

(iv) Inform the public school his or her intent to participate in extracurricular activity as a representative of the school before the beginning date of the semester for the activity in which he or she wishes to participate; and

(v) Comply with the same physical examination, immunization, insurance, age and semester eligibility requirements as other students participating in the activity.

(b) Transportation of the student to the public school to participate in interscholastic extracurricular activities is the responsibility of the parent, guardian, person standing in loco parentis or the student. The student may use the same transportation as other publicly enrolled students, when departing from and returning to the same school-designated location as other public enrolled students on dates of competition, as long as additional expenses are not incurred by the district.

(c) A public school shall not discriminate against an eligible student in the selection of interscholastic extracurricular team members.

(2) Participation in an interscholastic extracurricular activity is a privilege and not a right. Nothing in this act shall be interpreted to create a cause of action on behalf of a home-schooled student against a public school or public school district official or against an interscholastic extracurricular activities association.

(3) With respect to a home-schooled student's education program, nothing in this section shall be construed to permit an agency of the state, a public school district or any other governmental body to exercise control, regulatory authority or supervision over a home-schooled student or parent, legal guardian or person standing in loco parentis of a home-schooled student beyond the control, regulatory or supervision required to participate in interscholastic extracurricular activity.

(4) School districts may apply to the State Department of Education for additional funding to cover the cost of any home-schooled students participating in extracurricular activities. The application for funds must:

(a) Be submitted to the State Department of Education on or before July 15.

(b) Include the number of home-schooled students participating in extracurricular activities in the prior school year, the activities in which the home-schooled student participated, and any such other information as required by the State Department of Education.

(5) (a) There is established a special fund in the State Treasury, which shall be known as the "Home-School Extracurricular Activity Fund," and which shall be administered by the State Department of Education.

(b) Districts applying for funds under this section shall receive an allocation of Two Thousand Two Hundred Fifty Dollars ($2,250.00) per home-schooled student who participated in extracurricular activities in the prior year. Distributions shall be made by the State Department of Education from the "Home-School Extracurricular Activity Fund" established in paragraph (a) of this subsection. If at any time the fund is exhausted, disbursements shall be made by the State Department of Education from any available funds remaining in the department's operating expense fund, provided that no federal or adequate education program funds may be used for such purposes.

(6) Nothing in this section shall be construed as to require a school district to request funding.

(7) The State Department of Education shall report disbursements made pursuant to this section to the Office of the State Auditor, on a form prescribed by the Office of the State Auditor, on July 1, 2023, and every two (2) years thereafter.

SECTION 4. This act shall take effect and be in force from and after July 1, 2021.