53G-7-1102. Public schools prohibited from membership.
| (1) |
A public school may not be a member of or pay dues to an association that:
Terms Used In Utah Code 53G-7-1102- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Association: means an organization that governs or regulates a student's participation in an athletic interscholastic activity. See Utah Code 53G-7-1101
- Eligibility: means eligibility to participate in an interscholastic activity regulated or governed by an association. See Utah Code 53G-7-1101
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
is not in compliance with:
|
| (b) |
does not collect each student’s birth certificate and birth certificate amendment history, as that term is defined in Section 53G-6-1001, or equivalent documentation, as described in Subsection (2), to determine eligibility as a condition of the association’s registration process for an athletic team, event, or category; or |
| (c) |
does not require a student to provide the athlete’s date of birth and sex as a condition of the registration process for an athletic team, event, or category. |
|
| (2) |
Except as provided in Subsection (3), for a student who is homeless or not a United States citizen and who is unable to provide a birth certificate and birth certificate amendment history, the association may collect the student’s:
| (a) |
state-issued identification document, including a driver’s license or passport; or |
| (b) |
federally recognized identification document, including a document that the Department of Homeland Security issues. |
|
| (3) |
Subsection (1)(b) or (2) do not apply to an association for a student who is a homeless child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq. |
| (4) |
Nothing in this section limits or impairs an LEA’s requirement to verify a student’s initial review of eligibility to participate in an athletic team, event, or category under applicable state or federal law or state board rule, including the student’s:
| (c) |
sex, verified by the student’s birth certificate and birth certificate amendment history as that term is defined in Section 53G-6-1001; |
| (d) |
academic requirements; or |
| (e) |
school enrollment capacity. |
|
| (5) |
Unless otherwise specified, an association’s compliance with or an association employee or officer’s compliance with the provisions described in Subsection (1) does not alter:
| (a) |
the association’s public or private status; or |
| (b) |
the public or private employment status of the employee or officer. |
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Amended by Chapter 340, 2023 General Session
Amended by Chapter 493, 2023 General Session, (Coordination Clause)
