2021 Montana Legislature

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_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

 

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:

(1)(a) the educational philosophy of the home school;

(2)(b) the selection of instructional materials, curriculum, and textbooks;

(3)(c) the time, place, and method of instruction; and

(4)(d) the evaluation of the home school instruction.

(2) 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."

 

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 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.