THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, PICCOLA, PILEGGI, BAKER, BROWNE, EARLL, EICHELBERGER, ERICKSON, FERLO, GREENLEAF, LEACH, LOGAN, O'PAKE, ORIE, RAFFERTY, SMUCKER, WASHINGTON, WAUGH AND WONDERLING, MARCH 16, 2009

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 22, 2009   

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," further providing for school

athletics, publications and organizations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 511(a) of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

amended April 14, 1949 (P.L.460, No.85), is amended and the

section is amended by adding a subsection to read:

Section 511.  School Athletics, Publications, and

Organizations.--

(a)  The board of school directors in every school district

shall prescribe, adopt, and enforce such reasonable rules and

regulations as it may deem proper, regarding (1) the management,

supervision, control, or prohibition of exercises, athletics, or

games of any kind, school publications, debating, forensic,

dramatic, musical, and other activities related to the school

program, including raising and disbursing funds for any or all

of such purposes and for scholarships, and (2) the organization,

management, supervision, control, financing, or prohibition of

organizations, clubs, societies and groups of the members of any

class or school, and may provide for the suspension, dismissal,

or other reasonable penalty in the case of any appointee,

professional or other employe, or pupil who violates any of such

rules or regulations. The board shall provide for the inclusion

in any of these activities any student who lives within the

school district, attends a private or nonpublic school and

elects to participate in such public school activities that are

not offered by the private or nonpublic school. The student

shall be subject to the same rules and regulations that apply to

students enrolled in the school district relating to such

activities.

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(a.1)  The board of school directors shall not restrict

inclusions of a student who lives within the school district but

is enrolled in a charter or cyber charter school, private or

nonpublic school or participating in a home education program,

in an activity in accordance with subsection (a) by making the

activity or converting the activity to be part of the regular

school curriculum or by granting credit toward graduation

requirements for participation. Nothing in this section shall

preclude a school district from providing a public school

student with credit for participation in such activities., 

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including, but not limited to:

(1)  meeting the eligibility criteria, or their equivalent,

for participation in the activity that apply to students

enrolled in the school district;

(2)  meeting the try-out criteria, or their equivalent, for

participation in the activity that apply to students enrolled in

the school district; and

(3)  complying with all policies, rules and regulations, or

their equivalent, of the governing organization of the activity.

For the purpose of this subsection, the school district of

residence's program of interscholastic athletics, including

varsity sports, shall be considered an activity and shall

include all activities related to competitive sports contests,

games, events or exhibitions involving individual students or

teams of students whenever such activities occur between schools

within the school district or between or among schools outside

of the school district.

Where the activity requires completion of a physical

examination or medical test as a condition of participation and

the school district of residence offers such physical

examination or medical test to students enrolled in the school

district, the school district shall permit a private or

nonpublic student qualifying under this section to access such

physical examination or medical test. The school district shall

publish the dates and times of such physical examination or

medical test on its publicly accessible Internet website.

(a.1)  The board of school directors shall not restrict

inclusion of a student who lives within the school district and

is enrolled in a charter, cyber charter, private or nonpublic

school, or participating in a home education program, from an

activity in accordance with subsection (a) by prohibiting the

student from participating in an activity that is part of the

regular school curriculum or by prohibiting the student from

participating in an activity that is considered for credit

toward school district graduation requirements.

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Section 2.  This act shall take effect in 60 days.