J. Michael Smith, Esq.
Michael P. Farris, Esq.
Public School Access for Homeschoolers—A Legal Summary
Home school students shall be eligible to participate in extracurricular activities at a public school consistent with eligibility standards. School districts may not impose additional requirements on home school students that are not imposed on fully enrolled public school students. Utah Code § 53A-11-102.6
Home school students who are dual enrolled are eligible to participate in any extracurricular or co-curricular activity in the public school available to students in their grade or age group, subject to compliance with the same rules and requirements that apply to a full-time student’s participation in the activity. State Board of Education Regulation R277-438-34. Utah Code § 53A-11-102.5.
Utah Code § 53A-11-102.5
(1) “District school” means a public school under the control of a local school board elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
(2) A person having control of a minor who is enrolled in a regularly established private school or a home school may also enroll the minor in a public school for dual enrollment purposes.
(3) The minor may participate in any academic activity in the public school available to students in the minor’s grade or age group, subject to compliance with the same rules and requirements that apply to a full-time student’s participation in the activity.
(4)(a) A student enrolled in a dual enrollment program in a district school is considered a student of the district in which the district school of attendance is located for purposes of state funding to the extent of the student’s participation in the district school programs.
(b) A student enrolled in a dual enrollment program in a charter school is considered a student of the charter school for purposes of state funding to the extent of the student’s participation in the charter school programs.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Board of Education shall make rules for purposes of dual enrollment to govern and regulate the transferability of credits toward graduation that are earned in a private or home school.