Utah Code 53G-7-1102. Public schools prohibited from membership
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(1) A public school may not be a member of or pay dues to an association that:
Terms Used In Utah Code 53G-7-1102
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Association: means an organization that governs or regulates a student's participation in an athletic interscholastic activity. See Utah Code 53G-7-1101
- Eligibility: means eligibility to participate in an interscholastic activity regulated or governed by an association. See Utah Code 53G-7-1101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) is not in compliance with:(1)(a)(i) this part;(1)(a)(ii) Title 52, Chapter 4, Open and Public Meetings Act;(1)(a)(iii) Title 63G, Chapter 2, Government Records Access and Management Act; and(1)(a)(iv) Title 67, Chapter 16, Utah Public Officers’ and Employees’ Ethics Act;(1)(b) does not collect each student’s birth certificate , as that term is defined in Section53G-6-1001 , or subject to Subsection (3), equivalent documentation, as described in Subsection (2)(a), to determine eligibility as a condition of the association’s registration process for an athletic team, event, or category; or(1)(c) does not require a student to provide the student’s date of birth and sex as a condition of the registration process for an athletic team, event, or category.(2)(2)(a) For a student who is not a United States citizen and who is unable to provide a birth certificate, as that term is defined in Section53G-6-1001 , the association may collect the student’s:(2)(a)(i) state-issued identification document, including a driver’s license or passport; or(2)(a)(ii) federally recognized identification document, including a document that the Department of Homeland Security issues.(2)(b) If a student who is not a United States citizen is unable to provide a document under Subsection (2)(a), the association may collect other reliable proof of a student’s date of birth and sex, including:(2)(b)(i) an affidavit from the student’s parent or legal guardian attesting:(2)(b)(i)(A) to the student’s date of birth and sex; and(2)(b)(i)(B) that the parent or legal guardian is unable to obtain a document described in Subsection (2)(a); and(2)(b)(ii) one of the following:(2)(b)(ii)(A) a religious, hospital, or physician certificate;(2)(b)(ii)(B) verified school records;(2)(b)(ii)(C) verified immunization records; or(2)(b)(ii)(D) documentation from a social service provider.(3)(3)(a) Subsection (1)(b) does not apply to an association for a student who is a homeless child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq.(3)(b) For a student who is a homeless child or youth, including an unaccompanied homeless child or youth, an association may collect:(3)(b)(i) an affidavit from the student’s parent or guardian, or the student if the student is an unaccompanied homeless child or youth, indicating that the student does not meet the necessary requirements to obtain a document described in Subsection (2)(a); and(3)(b)(ii) a document described in Subsection (2)(b)(ii).(4) Nothing in this section limits or impairs an LEA’s requirement to verify a student’s initial review of eligibility to participate in an athletic team, event, or category under applicable state or federal law or state board rule, including the student’s:(4)(a) residency status;(4)(b) age;(4)(c) sex, verified by the student’s birth certificate, as that term is defined in Section53G-6-1001 ;(4)(d) academic requirements; or(4)(e) school enrollment capacity.(5) Unless otherwise specified, an association’s compliance with or an association employee or officer’s compliance with the provisions described in Subsection (1) does not alter:(5)(a) the association’s public or private status; or(5)(b) the public or private employment status of the employee or officer.