File: JJJ - Extracurricular Activity Eligibility

NOTE: Colorado school districts are required by law to adopt a policy on this subject if the district has more than one high school. This sample policy contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

Definitions

For purposes of this policy, the following definitions apply:

1. "Activity" means any extracurricular or interscholastic activity including but not limited to any academic, artistic, athletic, recreational or other related activity offered by a public school.

2. "School of attendance" means the school in which a student is enrolled and attends classes.

3. "District of residence" means the school district in which a student resides.

4. "District of attendance" means the school district in which a student is enrolled and attends classes if the student does not attend school in his or her district of residence. For a homeschooled student, the district of attendance shall be determined in accordance with C.R.S. 22-33-104.5 (6).

5. "School of participation" means a school in which the student participates in an activity but is not the student's school of attendance.

Participation in activities

Students meeting eligibility requirements may participate in activities at their school of attendance. Subject to the same eligibility requirements and in accordance with this policy and applicable law, the district shall allow students enrolled in any school (including charter schools, online education programs, nonpublic schools and nonpublic home-based educational programs) to participate on an equal basis in any activity offered by the district that is not offered at a student's school of attendance.

If an activity is not available at a student's school of attendance, the student may participate at another public school in the district of attendance or district of residence.

If an activity is not offered at any public school in the district of attendance or the district of residence, the student may seek to participate in a contiguous school district or at the nearest public school that offers the activity even if the school is not in a contiguous school district.

Regardless of whether the student seeks to participate in an activity at a public school in the district of attendance, district of residence, contiguous district or other district, the district in which the student seeks to participate shall choose the school of participation.

In choosing a school of participation, the district shall seek to maximize all students' opportunities to participate in activities and shall consider certain factors, including but not limited to:

1. which public school of the district offers the most activities in which the student wishes to participate;

2. which public school or schools are nearest to the student's residence;

3. the preferences of the student's parents/guardians; and

4. such issues as may be presented for the district's consideration by a statewide high school activities association.

A student may participate in activities at more than one school of participation during the same school year only if the original school of participation does not offer an activity in which the student wishes to participate. This limitation applies regardless of whether the student participates in activities at a public or nonpublic school. Any additional school(s) of participation shall be chosen by the district in accordance with this policy.

With regard to athletic teams, the school of participation may reserve slots for up to twice the number of starting positions on the team at each level of competition for students enrolled in the district. With regard to individual athletic activities, the school of participation may reserve slots for up to half the total number of team members at each level of competition for students enrolled in the district.

Eligibility requirements

Eligibility requirements in the bylaws of the Colorado High School Activities Association (CHSAA) shall be observed by students at the high school level. Additional eligibility requirements may be imposed by the district for both high school and middle school students. Such eligibility requirements may include, but not be limited to, good citizenship, acceptable academic standing, parental permission and good health (sports only).

To participate in activities at a school of attendance, a student shall meet all of the requirements imposed by the school of attendance.

To participate in activities at a school of participation students must comply with:

1. All eligibility requirements imposed by the school of participation.

2. The same responsibilities and standards of behavior, including related classroom and practice requirements that apply to enrolled students.

Student participation in an activity through any amateur association or league that is not a member of CHSAA shall not prevent the student from participating or affect eligibility to participate in the same activity at any school as long as the student has the express written permission of the principal at the school of participation, the student's class attendance is not compromised and the student is in good academic standing.

If a student has not met all of the eligibility requirements or if the student would have become ineligible to participate at a school, the student cannot gain or regain eligibility by applying to participate in activities at another school. Any penalties assessed to the student must first be paid at the school of attendance or participation before regaining eligibility to participate at another school.

Transfer students

If a student transfers enrollment to another school without an accompanying change of domicile by the student's parent/guardian, the student's eligibility to participate is determined by the district's eligibility requirements, CHSAA bylaws and applicable law.

Participation fee

Except as otherwise prohibited by state law, nonenrolled students participating in district activities shall pay the same fee charged enrolled students for participation in the activity.

NOTE: The district may charge nonenrolled students up to 150% of the fee charged enrolled students. The district cannot charge a participation fee to any student in out-of-home placement, as that term is defined by C.R.S. 22-32-138 (1)(h).

Appeal

Any student who is sanctioned or is found by the school, school district or CHSAA to be ineligible to participate in any extracurricular activity may appeal the sanction or finding. Students may not appeal sanctions for unsportsmanlike conduct or ejection from the activity.

(Adoption date)

LEGAL REFS.: C.R.S. 22-30.7-108 (online students' participation in extracurricular or interscholastic activities)

C.R.S. 22-32-116.5 (participation in extracurricular and interscholastic activities)

C.R.S. 22-32-138 (7) (waiver of extracurricular fees for students in out-of-home placements)

C.R.S. 22-33-104.5 (6) (homeschooled students' participation in extracurricular and interscholastic activities)

CHSAA bylaw 5060 (if district has more than one high school, must adopt policy for placing students competing in high school activities)

CROSS REFS.: IHBG, Home Schooling

JFABE*, Students in Foster Care

NOTE: The Jake Snakenberg Youth Concussion Act, C.R.S. 25-43-101 et seq., requires coaches of youth sports to receive training on how to recognize a concussion, and also requires students suspected of sustaining a concussion to be removed from play and cleared by a health care provider prior to return to play. Concussion training resources can be found on the Colorado High School Activities Association's website. Concussion management guidelines are available from the Colorado Department of Education.

[Revised April 2019]