MEMORANDUM

TO:           Members of the Florida House of Representatives 

FROM:     Larry Keough, associate director for education 

RE:           Why to oppose CS/HB1481 (Bean) and CS/CS/SB 526 (Wise)

DATE:      April 23, 2008 

Although CS/HB1481 (Bean) and CS/CS/SB 526 (Wise) – athletic activities legislation – provides opportunities for private school students to participate in public high school athletics under certain circumstances, the legislation has several unintended consequences. Religious schools are institutions of community. If students are participating in athletics at one school and enrolled at another school academically, the community, unity and cohesiveness of the school may be jeopardized.

The Florida Catholic Conference urges you to oppose the legislation on the following grounds: 

• It is unclear whether the students will be eligible to participate in their private school athletic program if they engage in public high school athletics; 

• Proposed legislation conflicts with an existing Florida High School Athletic Association bylaws in which students either participate in athletics at the school in which they are enrolled or at the school in which they participate in the sport; 

• Small private/religious schools depend on students to participate in multi-sports as well rounded student athletes. If students are ineligible for athletic competition at their private school, this could have a devastating impact on the athletic programs at these schools; 

• Will the practice and game schedule impact the students’ academics at the private school; 

• Who is responsible for transportation of the student from the private to public school; 

• Who is liable for the student if he or she is injured in an accident that occurs while the student is traveling from his or her private school to the public school; 

• There are issues in respect to student records. That is, would private schools be required to provide students records to the school districts and public schools where the students are participating in athletics to determine academic eligibility;

• There is a fairness issue if public school students would be supplanted on public school athletic teams by private school students;

• The legislation would create challenges for the FHSAA to effectively monitor incidents of recruitment. Although a proposed provision may address incidents of recruitments by requiring transfer students to be precluded from participating in the particular sport the following school year, there may be constitutional implications. Students whose parents pay taxes to support the public educational system arguably should have entitlement to attend their zoned public school and have equal access to extracurricular activities. It then follows that there will either be recruiting issues, or constitutional issues because students' access to extracurricular activities is denied.