WHY WE OPPOSE HB2983

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While the author of any bill can make it as benign as possible now, there are no guarantees that it won't evolve into something invasive and burdensome in years to come. We don't know what kind of eligibility rules and policies will be required, as you can read, that is up to each school district. There will be no standard policy across the state because each school district operates independently. However, if you continue reading, you will see that there will be a push from public school educators and administration for state regulation of homeschoolers before accountability can be determined. Once a school has one or two of your children in their system will it give them cause to find an excuse to pull the rest in as well? HSLDA has warned us of other states in which this very thing does happen.

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In addition, any of these aticles within this bill can at any time place a nose under the tent into the entire home education community. As one Senator told us years ago when we fought a similar bill, "We can regulate you (the constitutional home educator) any time we want without an equal access bill, this just opens the door to make it easier." If you read on our Why We Oppose Equal Access page, you will see quotes from educators and coaches stating that overall regulation and accountability would not be out of the question.

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But, they can't do that! Right? It is written into our Constitution that we have the right to educate our children by other means. Yes, it does, but it does not say that we cannot be regulated in the process. Legislation and policy are two separate things and we at CHEA work just as hard to stop regulation through policy as we do through legislation.

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FYI, public school sports is not governed by the State of Oklahoma, the State Department of Education, or individual public school districts. It is governed by the Oklahoma State Secondary School Activities Association, aka OSSAA. That being said, read on.

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There is also another agenda hidden in this bill which actually uses those educating by other means as a pawn in a much bigger scheme. Trust me, I have been in this political bickering for over 20 years and I was there from the beginning of the Tebow bills. The bigger agenda is not to allow home educators aka those educated by other means to participate in public school sports, but to abolish the OSSAA. Seriously, there is general hate, and I use that word in a very real manner, for the OSSAA from the OK Legislature and the DOE. They would like nothing better than to find a way to dissolve this PRIVATE organization (it is not state funded or run). This organization is independent and unbiased in governing public school sports and is necessary to keep schools on an level playing field. However, there is a huge number of sports fans that do not like the rules and the way the OSSAA funds its operations via ticket prices, etc... and would love nothing better than to see them dissolved. More than once, it has become apparent in committee hearings and interim studies on the topic of public school access for home educated students, that the real target is the OSSAA instead of allowing home educated students to participate in public school activities. The conversation very quickly jumps straight to governing the OSSAA and the actual topic of the bill - equal access - is brushed aside. They really don't care one way or another if those educated by other means participate in public school activities but if they can use us as a pawn to get their way, then so be it. BTW, the mast majority of public schools do NOT want our participation nor the the students or the parents of the public school students.

 

There are actually three sections to this bill. First, is Section 1, which is NEW LAW. This is the part that defines verbiage in parts 1-3.

Then, in part B, it states that each school district will adopt (even if they don't want it) a policy to allow those educated by other means to participate in extra curricular activities.

Parts C and D tell us what the said student has to do in order to participate. We broke all that down at the end of the bill below. You can read in detail later.

That brings us to Section 2. If you will notice, it appears to have finally been added in 2021 when the plandemic was still hovering and we were not able to get in to the Capitol like we normally would have. However, notice too that this section ONLY deals with OSSAA. I have a whole other thought direction on that, like how they presented this separate from an actual equal access bill because they knew we would not fight this if it did not include home educators. Presenting them separately only made sense. Just food for thought.

ANYWAY, back to the bill. 

Section 2, interestingly enough, as I mentioned, is focused entirely on the  OSSAA and includes this little caveat, "a public school or school district shall not be a member of any school athletic association unless that association has adopted a written policy that requires the following:" then it lays out basic general rules that are already a practice of the OSSAA. Now why would they need to put that into legislation? It was a way to get control of a private, independently funded organization without specifically calling them out, which would be illegal. Which leads us to the third part of this bill, the underlined amended portion of Section 2 which is where the equal access for "those educated by other means" comes into play. Here is where the pawn makes its move. With the addition of these two sentences, "4. A student who is educated pursuant to the other means exception provided for in subsection A of Section 10-105 of this title may participate in interscholastic activities or contests offered by the student's resident district as defined in Section 1- 113 of this title. Student participation shall be subject to the provisions of Section 1 of this act.", OSSAA will now be forced to include those educated by other means OR none of the 1,720 public schools in the State of Oklahoma will be able to participate in interscholastic activities. That is the bomb right there. The way to get rid of an organization they loathe is to use home educators as their pawn. We actually asked several years ago how many home educated students truly wanted to adhere to the requirements to participate in the public school sports and activities and out of over 25,000 students, we had responses from less than 75. Since when do we pass legislation to benefit a small handful of citizens? The real kicker of that number is a large portion were not truly home educated, they were EPIC public school at home students. 

I don't know about you, but I don't appreciate being part of a political scheme. This is not in any way in the best interest of the vast majority of those being educated by other means. I can only imagine what their next agenda will be for those educated by other means if they actually get this passed. 

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Here is the bill.

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AS INTRODUCED

An Act relating to schools; defining terms; requiring school district boards of education to adopt policy allowing certain students to participate in certain activities; requiring publication of policy; providing eligibility criteria for participation; requiring compliance with academic standards; providing for agreed-upon method for evaluation of compliance; amending 70 O.S. 2021, Section 27-103, which relates to the Oklahoma Extracurricular Activities Accountability Act; requiring policy to allow participation of certain students in certain activities; providing for codification; providing an effective date; and declaring an emergency.

 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 8-201 of Title 70, unless there is created a duplication in numbering, reads as follows:

A. As used in this section:

1. "Resident district" means the public school district in which a student resides as defined in Section 1-113 of Title 70 of the Oklahoma Statutes;

2. "School athletic association" shall have the same meaning as defined in Section 27-102 of Title 70 of the Oklahoma Statutes; and

3. "Students who are educated by other means" means students who are educated pursuant to the other means of education exception provided for in subsection A of Section 10-105 of Title 70 of the Oklahoma Statutes.

B. Beginning with the 2024-2025 school year, each school district board of education shall adopt a policy allowing students who are educated by other means to participate in extracurricular activities offered by the student's resident district. The policy shall be published in the school district student handbook and posted on the school district website.

C. In order to participate in extracurricular activities pursuant to this section, students who are educated by other means shall:

1. Register an intention to participate with the board of education of the resident district no later than the July 1 immediately preceding the school year in which participation is intended;

2. Pay any participation or activity fee in an amount equal to any fee charged to a resident district participant;

3. Adhere to the same standards of behavior, responsibility, performance, and code of conduct as other participants of the resident district;

4. Adhere to any rules and policies of a school athletic association which provides the coordination, supervision, and regulation of the extracurricular activities and contests of schools;

5. Adhere to any physical exams or drug testing provisions required by the board of education of the resident district or the school athletic association which provides the coordination, supervision, and regulation of the extracurricular activities and contests of schools; and

6. Adhere to the same academic standards as other participants of the resident district pursuant to the provisions of subsection D of this section.

D. During the time period a student who is educated by other means participates in extracurricular activities pursuant to the provisions of this section, the student shall meet academic standards by a method of evaluation agreed upon by the parent or legal guardian of the student and the superintendent of the resident district. The method of evaluation may include a review of the student's work by a certified teacher employed by the resident district, the student's performance on a nationally recognized standardized test, or evaluation of grades earned through correspondence courses.

 

SECTION 2. AMENDATORY 70 O.S. 2021, Section 27-103, is amended to read as follows:

Section 27-103. A public school or school district shall not be a member of any school athletic association unless that association has adopted a written policy that requires the following:

1. All records of the association to be made accessible consistent with the provisions of the Oklahoma Open Records Act;

2. All meetings of the association to be open and conducted in a manner consistent with the provisions of the Oklahoma Open Meeting Act, including specifically the notice and agenda, voting and executive session requirements; and

3. An annual financial audit and a compliance audit of all funds of the association in accordance with the auditing standards set forth in the Oklahoma Public School Audit Law. In addition, the association shall have performance audits conducted of the operations of the association. A performance audit shall be conducted no later than December 31, 2014, and by December 31 every five (5) years thereafter; and

4. A student who is educated pursuant to the other means exception provided for in subsection A of Section 10-105 of this title may participate in interscholastic activities or contests offered by the student's resident district as defined in Section 1- 113 of this title. Student participation shall be subject to the provisions of Section 1 of this act.

 

SECTION 3. This act shall become effective July 1, 2024.

 

How would this bill change anything if it became law?

 

Currently, a student educated by other means is not eligible to participate in public school activities because according to the OSSAA guidelines they must be “lawfully enrolled in the local public school” and meet all *OSSAA requirements.

In order to participate, all a student has to do is:

• Enroll in the public school

• Meet the OSSAA requirements

• Possibly wait up to a year before being eligible

 

With this bill, in order to participate in the local public school activities a student who is educated at home must:

• Use the same curriculum or a curriculum comparable to that used by the local school district

• Meet the applicable age and academic requirements for participation in extracurricular activities, as verified by the local school and any requirements of the Oklahoma Secondary Schools Activities Association (which includes enrollment in the local school district in which the student resides)

• Submit an immunization record to such school district in accordance with Section 1210.191 of Title 70 of the Oklahoma Statutes

• Submit proof of health insurance if required by the board of education of the school district

• To the extent any participation fees are required to be paid by a student participating in an activity

• Then be subject to section F where it states, “The State Board of Education promulgate rules to implement the provisions of this section.” Whatever that might be.

• Possibly wait up to a year before they can actually participate

 

 

Ummmm...and how does this bill change anything?

 

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*The OSSAA is a needed and beneficial organization which governs the extra-curricular activities in most public schools. They have rules for a valid reason and it is not their rules we are opposed to. Without them there would be chaos and they are necessary for the safety and integrity of the local public schools and those participating in their activities.

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Want to know what those requirements are from the OSSAA?

Here are just a few of the rules that will have to be followed from the 35 pages of the OSSAA Rules Governing Interscholastic Activities in Secondary Schools document:

 

Rule 1, Section 2, p.8 OSSAA Rules

               “Section 2. No student shall be eligible to represent his/her school in athletics until there is on file with the principal a physical examination and parental consent certificate.”

 

Rule 2 - ATTENDANCE, p.8 OSSAA Rules

Daily attendance for each class period during the school day as well as the cumulative record of attendance for a semester shall be in accordance with local school district policy.

 

Rule 3 - SCHOLASTIC ELIGIBILITY, p.8 OSSAA Rules

OSSAA scholastic eligibility standards are required of all students engaging in co-curricular activity programs. Local school boards may make exception for only those students participating in non-competitive activities. (Board Policy)

Section 1. Semester Grades

• A student must have received a passing grade in any five subjects to be *counted for graduation. (*Note: this will be to the local school and state mandated standards.)

 

 

Rule 8, Section 1, p 15 OSSAA Rules

               “RULE 8 – ESTABLISHING AND MAINTAINING ATHLETIC ELIGIBILITY

Section 1. To be eligible to participate in athletics, the student must be residing with the student’s parents (or custodial parent or court-appointed guardian with legal custody of the student). The student must also be lawfully enrolled at a secondary school grade level (grades seven through twelve) in a member public school district or at a member school, in courses, activities, or alternative programs in which credits are being earned and appropriate academic progress is being made toward graduation, consistent with the requirements of that school and the State Department of Education. The student must also comply with all requirements established by the member public school district or the member school and by OSSAA Rules and Policies concerning enrollment, age, attendance, grades, academic progress, and conduct.”

 

 

Rule 8, Section 3, p 16 OSSAA Rules

Establishing Athletic Eligibility by Initial Participation for Students in Grades Nine Through Twelve

a. For grades nine through twelve, a student establishes eligibility at a school when the student first participates in interscholastic athletics at the ninth grade level or above.

b. Before initial participation for a member school at the ninth grade level or above is permitted, an Eligibility Record Form (or “New Student” Form) must be completed. The member school also must verify the student presently is residing with the student’s parents (or custodial parent or court-appointed guardian with legal custody of the student), and is eligible to participate under all OSSAA Rules and Policies. The member school further must review the student’s prior school records to determine whether the student has participated previously at any secondary school grade level (grades seven to twelve) and the secondary school grade levels previously attended. If, after investigation, the member school still has a question about the student’s

eligibility, the member school must contact OSSAA staff to resolve the question before allowing participation.

 

 

FAQ #8 for Rule 8, p 21 OSSAA Rules

What is the eligibility status of a student who has participated in grades 9-12 at a non-member school and then transfers to a member school?

Answer: Not eligible. When a student has established eligibility at a non-member school and then transfers to a member school, the student must sit out a year or be approved on a hardship waiver to gain eligibility. (Rule 8-6-d)

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Again, what is this bill actually doing?

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How is it beneficial to the constitutional home educators at large or even to an individual wanting access to public school activities?

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Why do we need it when it is doing nothing but adding to the rules already in place in order for a student to participate. It does not eliminate the requirement for enrollment in the public school but it does add hoops to jump through in addition to those already in place. It also will give the proverbial camel a nice cozy place to sleep inside our tent. I don't know about you, but I'm not really fond of camels and I don't really like the idea of having to share my space with one.

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​​​​WHAT CAN YOU DO?

Contact the members of the Common Education Committee and let them know your thoughts.

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SEE IT FOR YOURSELF

Below is a link to the bill on the Oklahoma State Legislature website. 

http://webserver1.lsb.state.ok.us/cf_pdf/2023-24%20int/hb/HB2983%20int.pdf

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