NEW YORK STATE ATHLETIC ADMINISTRATORS ASSOCIATION CURRENT ISSUES FOR MEMBERS

A 9558 was introduced to the Assembly in March by Assemblyman Steve Sanders, chairman of the education committee. This bill would allow a parent of a home schooled student to request that the student be allowed to participate in gifted pupils' programs including intramural, extramural, and interscholastic athletic activities in the public school of resident. The public school will have to cooperate.

Concerns:As administrators of physical education and/or athletics, we certainly share several concerns relative to this bill.

1) The SED and NYSPHSAA, Inc. "Bona Fide Student Standard" would essentially be eliminated.

2) The legislation could override the judicial decisions (7/95 NYS Supreme Court and 10/96 Appellate Division) detremining that home schooled students do not have the right to participate on interscholastic sport teams of their public district.

3) Should this bill pass, it most likely would be interpreted to apply to all non-public students, meaning private, parochial and home schooled students, allowing them to seek access to public school activities.

4) Non-public school students might displace students attending the public schools from athletic teams.

5) Will academic eligibility and the code of conduct rules be equally enforced for all students?

6) The extension of athletic eligibility to non-public schools could lead to "athletic shopping."

7) Havoc may be wreaked upon the public school systems if home schoolers are permitted to opt out of the public school program generally, and yet selectively participate in interscholastic athletics and then extend that eligibility to select courses of instruction as well.

Conclusion:The NYS Supreme Court view that, "The possibility of being on a high school sports team is one of the privileges of attending school; and, the Court can discern no good reason why that privilege should be extended to those who do not attend the school," must be supported.

Action:Inform the directors of your League and Section of this situation. Advise them to contact their Senator and Assembly person to express their reactions to A9558. Also, a communication to Assemblyman Sanders is recommended.

Note: At this time there is no companion bill is the Senate and the Assembly bill is still in committee. However, we should react to this now, stopping this legislation before it gains momentum.

ACTIVATE OUR NETWORKING NOW!!!

nysaaa@frontiernet.net

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