BILL NUMBER: SB 1411	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 1, 2006

INTRODUCED BY   Senator Ortiz

                        FEBRUARY 22, 2006

   An act to add Section 35179.05 to the Education Code, relating to
athletic eligibility.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1411, as amended, Ortiz  Interscholastic athletics: transfer
eligibility.
   Existing law grants a school district governing board general
control of interscholastic athletic policies, programs, and
activities in its district, including eligibility. Existing law
authorizes governing boards to enter into associations with other
boards for the purpose of governing interscholastic athletic programs
by permitting the schools under their jurisdictions to enter into
voluntary associations with other schools related to eligibility for,
and participation in, interscholastic athletic programs. Existing
law permits pupils to transfer from one school to another based on
certain conditions.
   This bill would require all voluntary interscholastic athletic
associations of which secondary schools are members to permit a pupil
to retain immediate eligibility to participate in any sport after
his or her first transfer for any reason from one school to another
school, as specified, unless the pupil transfers for disciplinary
reasons.  The bill also would require all voluntary
interscholastic athletic associations of which secondary schools are
members to authorize the school from which the pupil transfers to
protest this automatic eligibility to the association of which it is
a member if the school believes the pupil was recruited to transfer
to the other school in order to participate in a sport in which the
pupil participated at the school from which the pupil transferred.
  The bill would provide that the retention of
eligibility does not apply to a pupil who transfers during the
athletic season during which his or her sport is played. The bill
would permit a voluntary athletic association of which secondary
schools are members to prohibit a coach or athletic director
determined to have engaged in athletic recruitment from coaching or
otherwise   participating in athletic activities for one
year after the determination that the individual engaged in athletic
recruitment is made. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 35179.05 is added to the Education Code, to
read:
   35179.05.   (a)  All voluntary interscholastic athletic
associations of which secondary schools are members shall 
comply with the following: 
    (a)     A pupil shall
  permit a pupil to  retain his or her eligibility
to participate, including at the varsity level, in any sport after
his or her first transfer in four years for any reason from one
school to another school, unless the pupil transfers for disciplinary
reasons.
   (1) No period of time shall be required to  pass 
 elapse  prior to the pupil participating in any sport at
the school to which the pupil transfers  , if both of the
following conditions have been met:  
   (A) The pupil, the principal of the school from which the pupil is
transferring, the principal of the school to which the pupil is
transferring, and the parents or legal guardians of the pupil sign a
statement acknowledging that the pupil is not transferring because of
recruitment. 
    (B)     The signed statement has been
forwarded to the appropriate voluntary interscholastic athletic
association by the athletic director of the school from which the
pupil is transferring  .
   (2) This subdivision shall apply even if a pupil transfers from a
private school to a public school  or   , 
a public school to a private school  , or a private school to a
private school  .  
   (3) This subdivision does not apply to a pupil who transfers
during the athletic season during which his or her sport is played.
 
   (3) 
    (4) A voluntary interscholastic athletic association of
which secondary schools are members may choose not to comply with
 subdivision (a)   this subdivision 
regarding any additional transfer beyond the first transfer of a
pupil in four years.  
   (b) A school from which a pupil transfers shall have the right to
protest the automatic retention of eligibility described in
subdivision (a) to the voluntary interscholastic athletic association
of which it is a member if the school believes the pupil was
recruited to transfer to the other school in order to participate in
a sport in which the pupil participated at the school from which the
pupil transferred.  
   (b) A voluntary athletic association of which secondary schools
are members may prohibit a coach or athletic director determined to
have engaged in athletic recruitment from coaching or otherwise
participating in athletic activities for one year after the
determination that the individual engaged in athletic recruitment is
made.