The Senate Education Committee threw its support behind SB36, which would force public schools to allow charter and online school students to participate in extracurricular activities not offered at their schools.

Mark Van Wagoner, an attorney with the Utah High School Activities Association, said his group already has a rule allowing charter school students to participate in public school sports, but not all schools follow it. If SB36 becomes law, schools would have to allow them to participate, assuming they meet certain residency conditions. Students would not be able to regain academic eligibility simply by transferring.

"Kids ought not have to choose between athletics and their education," said Kim Frank with the Utah Association of Public Charter Schools.

The committee hesitated, however, when it came to SB37, which would extend participation in extracurricular activities to private and home-schooled students.

Several speakers, including Van Wagoner, worried that students who play sports might transfer to home schooling to avoid becoming academically ineligible at their public schools.

Academically ineligible students could not regain eligibility simply by transferring, but the fear is students would transfer before they become ineligible. Unlike charter, online and private school student athletes, home-schooled student athletes would only have to prove their academic abilities to their parents, Van Wagoner said.

"I have seen parents suddenly forget the facts they once knew when their child was able to participate on a basketball team," Van Wagoner said. "If they are cheating, how do we catch them?" Several legislators bristled at the idea parents would lie about his child's grades so the child could play sports.

"Somehow, every parent is suspect and a closet perjurer ready to abandon their honor so their child can participate in extracurricular activities," said Sen. Mark Madsen, R-Lehi, who sponsored both bills.

Ultimately, the committee decided to hold on to SB37 for more discussion.

Would force public schools to allow charter and online school students to participate in sports and other extracurricular activities.

SB37

Would extend the same privileges to private and home-schooled students.