ARE YOU READY FOR SOME FOOTBALL? Home-school, private school, STEM - PowerPoint PPT Presentation

ARE YOU READY FOR SOME FOOTBALL? Home-school, private school, STEM school and community school access to extracurriculars November 6, 2013 39 Offices in 19 Countries

Today’s Presenters Daniel A. Jaffe Of Counsel, Squire Sanders T +1 216 479 8304 daniel.jaffe@squiresanders.com Linda M. Gorczynski Associate, Squire Sanders T +1 216 479 8613 linda.gorczynski@squiresanders.com 2

What is the Legislation About? The basic rule of the legislation is that home- school and private school students are entitled to participate in extracurricular activities at public schools 3

Where did this legislation come from? 4

Who are the eligible students? • Home-Instruction (district resident/non-district resident) • Private School (district resident/non-district resident). • STEM School (2007 legislation) • District Sponsored Community School (2007 legislation) 5

For what activities are students eligible? • Definition of extracurricular: a pupil activity program that a school or school district operates and is not included in the school district's graded course of study, including an interscholastic extracurricular activity that a school or school district sponsors or participates in and that has participants from more than one school or school district. 6

Scenario 1 • Billy Cundiff is enrolled in 7 th grade at St. Althea, a small parochial school located here in Buckeye City. He is an aspiring Sousaphone artist, and wants to join the 7 th grade marching band program at Buckeye Middle School. 7

What Rules Apply to STEM Schools and Community Schools? • The only eligible community schools are those sponsored by the district. • For district-sponsored community schools, the district may require the student to enroll in at least one academic class. • 7 th -12 th grade only for district-sponsored community schools. • Student must be entitled to attend in district where extracurricular activities occur 8

How Are Home School and Private School Students Treated Differently? • Home School students are eligible for all activities, private school students only if their private schools do not offer the particular activity. • Academic eligibility criteria are different. • Different treatment if non-district-residents. 9

Do They Have to Try Out? • The same criteria for making a team that apply to all district students apply to the home-school and private school students. Treat them the same. • If there are age, or grade-level requirements for an activity, as determined by the Superintendent, those would apply to home- school and private school students. 10

Scenario 2 • The District charges $400 per player to play on the football team, but does not enforce the pay-to-play fee on families that are eligible for free and reduced lunch. Angel Merkel, a private school student would qualify for free lunch if enrolled. Is Angel entitled to play without paying the fee? 11

What About Pay to Play? • The same financial requirements that apply to enrolled students apply in equal measure to private and home-schooled students. 12

What If the Private School Student Is Using a Voucher for Tuition? • Doesn’t matter. Statute still applies. 13

How Do We Enforce Academic Eligibility? Private Schools • Enforce the District’s own academic eligibility requirements. • For private school students, follow up with the private school to get grades. Do your best to translate into equivalent grades in the district. 14

Academic Eligibility (Home School) • If the student has been home-instructed for all of the last grading period, academic eligibility is met if the student meets academic requirements for the continuation of home schooling. • If the student did not receive home-instruction during the preceding grading period, academic eligibility is based on the student’s academic performance during the preceding grading period. • If the student left a school for home-instruction during the last grading period, academic eligibility is based on an interim academic assessment issued by the “district” in which the student was enrolled, based on the student’s work while enrolled. However, if the student was ineligible at the time home-instruction began, the student remains ineligible until approved for continuation of home-instruction in another semester. 15

Scenario 3 • Lloyd Christmas, a junior, is an excellent running back and defensive back on the Buckeye High football team. He enjoys his local celebrity but is not doing well in school. With some advice from his coach, he applies in April for home instruction for the rest of 2013-2014. He is approved for home instruction for 2014- 2015. Can he play? 16

How Does District Residency Matter? • If the student is not entitled to attend the district schools, participation in extracurriculars is purely at the Superintendent’s discretion, regardless of whether the student is home-schooled or attends a private school. • Non-resident home-schooled students are only eligible if their home district does not offer the activity. • No interscholastic athletics, music, drama or forensics for non- resident private school students. 17

What is a district resident? • Determined under ORC 3313.64 and 3313.65. 18

Scenario 4 • Johnny Versachi is a 14 year-old whose parents reside in Columbus, but he resides with his Aunt Maria Donatella Versachi here in Buckeye City. He is attending St. Benedict high school, a parochial school in Buckeye City as a ninth grader. He was found eligible for special education by Columbus Schools. Is he a resident, or non-resident for extracurricular purposes? 19

What About OHSAA? • In general, OHSAA must allow districts to comply with the extracurricular participation rules. • Nevertheless, when OHSAA rules do not conflict with statutory requirements, OHSAA will continue to enforce its rules. 20

Which OHSAA Rules Should We Worry About? • Attendance Zones • Transfer Rules • Age and Semester Rules • Grade Policy Rules 21

Ancillary Concerns • Check with your carrier to make sure your insurance policy is not limited to enrolled students • Transportation • Code of Conduct violations by non-enrolled students 22

How Can We Make Sure To Get This Right? • Handy Checklists 23

HOME-INSTRUCTION – DISTRICT RESIDENTS STUDENT EXTRACURRICULAR PARTICIPATION CHECKLIST 1. Has the student been approved for home-instruction? YES (continue to Step 2). NO (the student is not eligible). (Note: enrollment in an internet or computer-based community (charter) school like Ohio Virtual Academy (K12) is not the same as home instruction. Home instruction must be approved by the District superintendent.) 2. Is the student’s parent or guardian a District resident or is the student otherwise qualified to attend in the District? YES (continue to Step 3). NO (go to Non-District Resident Home School Checklist). 3. Is the particular school building where the student wishes to participate in the activity the building to which the student would be assigned if the student were enrolled? YES (continue to Step 4). NO (refer the student to the appropriate building and continue at that building at Step 4). (Note: If the activity is an OHSAA-qualifying interscholastic athletics, and the District does not use attendance zones for determining eligibility, OHSAA has determined that the closest school to the student’s house is the appropriate school.) 4. Is the student at the appropriate age and grade level for the activity as determined by the Superintendent? YES (continue to Step 5). NO (the student is not eligible for the activity). ETC. 24

Questions? 25

Future Webinars in This Series And So This is Christmas? When and how to permit, prevent and accommodate religious beliefs. Trees, concerts, Kwanza and more. � Wednesday, December 4 How Are We Going to Pay for That? Raising school district funds: Help for the needy, options for the greedy, and traps for unwary. � Wednesday, January 8, 2014 The Immortal Words of Donald Trump Nonrenewals in the era of OTES. Are you ready � Wednesday, February 5, 2014 Wuz Op? Ohio’s New Special Education Operating Standards. What you need to know today. � Wednesday, March 5, 2014 26

Thank you Contact us with any questions or issues: • Dan Jaffe: daniel.jaffe@squiresanders.com • Linda Gorczynski: linda.gorczynski@squiresanders.com 27