The Big Sandy Mountaineer -

Big Sandy Schools have already held meetings with parents of home school students. I was told they were informational and positive. With that in mind and to continue with an informational and positive note I have decided to print the following which is exact wording which was sent to me from the Montana Department of Education.

GUIDANCE FOR SB 157 Qualified Students Attending a Non-Public or Home School to Participate in Extracurricular Activities in the Student’s Resident School District: Introduction The 2021 Legislature passed SB 157 allowing students who are not enrolled in a public school to participate in extracurricular activities offered by the student resident district when they meet certain requirements. Note: This is a new section of law and a statute number has not been assigned to this bill and you cannot find it in the current Montana Code Annotated. The Montana Legislative Services is working on codifying all the bills passed by the 2021 Legislature. The effective date is July 1, 2021.

This legislation applies to all K-12 extracurricular activities. A school district cannot prohibit or restrict the ability of an eligible student based solely on the student’s enrollment in public school or the number of hours the student physically attends the public school.

An extracurricular activity is not defined in the legislation. Generally, an extracurricular activity is sponsored by the school and available to public-school students outside of the normal courses. For example, a sport, speech and debate, or a club. Students eligible to participate in extracurricular activities must meet the following requirements. Attend a nonpublic school or home school that meets the requirements of Mont. Code Ann. §20-5-109. Some students may be enrolled in public school part-time.

The legislation requires the student participate in the extracurricular activity within the student’s resident school district. However, the legislation does not provide any direction on whether the student must live within the geographic boundaries for a particular school within the school district. For example, a school district has two schools. The student resides within the school district and within the geographic boundaries for School A. However, the student wants to participate in the extracurricular activity at School B. It is the school district’s discretion as to what school within the district the student must participate. However, the school district in making this decision should be consistent and equitable. Some of the factors a school district may consider, include: • The rules of any interscholastic organization of which the school is a member as directed in SB157(2021). • Current school policy for enrolled students or other good reason as determined by the District Board of Trustees. Participation Standards • Meet the same standards for participation as those required of full-time public school students. • Comply with the same rules of any interscholastic organization governing the extracurricular activity. • Maintain the same academic eligibility as required for participation in the extracurricular activity as a public-school student. o Submit proof of academic eligibility. Proof of academic eligibility must be in writing. Completed by the appropriate individual, either the non-public school’s head administrator, or the home-school educator providing student instruction. o With a certification or declaration that the information is true and correct. The school principal must verify the eligibility requirements have been satisfied for a student participating in a home school for extracurricular activities requiring academic eligibility to participate. The verification cannot include any form of student assessment. The school district may determine the best methods of verification based on the information presented. These may include: Review of recent schoolwork or tests completed. Documentation from the program the child is using for home school. Other information as is reasonably required to verify academic eligibility. A student or their parent/guardian should direct all questions about this process to the local school district.

(Editor’s Note: Exact wording of Bill SB 157) INTRODUCED BY S. HINEBAUCH

A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO THE ABILITY OF A STUDENT ATTENDING A NONPUBLIC SCHOOL OR HOME SCHOOL TO PARTICIPATE IN EXTRACURRICULAR ACTIVITIES OFFERED BY THE STUDENT’S RESIDENT SCHOOL DISTRICT; AMENDING SECTION 20-5- 111, MCA; AND PROVIDING AN EFFECTIVE DATE.”

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

Section 1. Section 20-5-111, MCA, is amended to read: “20-5-111. Responsibilities and rights of parent who provides home school and child who attends home school. (1) Subject to the provisions of 20-5-109, a parent has the authority to instruct the parent’s child, stepchild, or ward in a home school and is solely responsible for: A child attending a home school has the right to participate on an equal basis in extracurricular activities offered by a public school district in which the child resides and is subject to the same rules of any interscholastic organization of which the school of participation is a member.”

the educational philosophy of the home school;

the selection of instructional materials, curriculum, and textbooks; the time, place, and method of instruction; and

the evaluation of the home school instruction

NEW SECTION. Section 2. Participation in extracurricular activities. A school district or an athletic association, conference, or organization with authority over interscholastic sports may not prohibit or restrict the ability of a student attending a nonpublic or home school meeting the requirements of 20-5-109 from participating in extracurricular activities at a school in the student’s resident school district solely on the student’s enrollment at the public school or on the number of hours the student physically attends the public school.

NEW SECTION. Section 3. Codification instruction. [Section 2] is intended to be codified as an 3 integral part of Title 20, chapter 5, part 1, and the provisions of Title 20, chapter 5, part 1, apply to [section 2].

NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 2021.

AN ACT REVISING LAWS RELATED TO THE ABILITY OF A STUDENT ATTENDING A NONPUBLIC SCHOOL OR HOME SCHOOL TO PARTICIPATE IN EXTRACURRICULAR ACTIVITIES OFFERED BY THE STUDENT’S RESIDENT SCHOOL DISTRICT; AND PROVIDING AN EFFECTIVE DATE.

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

Section 1. Participation in extracurricular activities. (1) A school district or an athletic association, conference, or organization with authority over interscholastic sports may not prohibit or restrict the ability of a student attending a nonpublic or home school meeting the requirements of 20-5-109 from participating in extracurricular activities at a school in the student’s resident school district solely on the student’s enrollment at the public school or on the number of hours the student physically attends the public school.

(2) EXCEPT AS PROVIDED IN SUBSECTIONS (1) AND (3), a student attending a nonpublic or home school who participates in extracurricular activities at a public school is subject to:

1. (a) the same standards for participation as those required of full-time students enrolled in the school;

2. (b) the same rules of any interscholastic organization of which the school of participation is a member.

(3) (a) The academic eligibility for extracurricular participation for a student attending a nonpublic

school must be attested by the head administrator of the nonpublic school.

(b) The academic eligibility for extracurricular participation for a student attending a home school must

be attested in writing by the educator providing the student instruction with verification by the school principal. The verification may not include any form of student assessment.