(1) A public school may not be a member of or pay dues to an association that: (a) is not in compliance with: (i) this part; (ii) Title 52, Chapter 4, Open and Public Meetings Act; (iii) Title 63G, Chapter 2, Government Records Access and Management Act; and (iv) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; (b) does not collect each student's unamended birth certificate, as that term is defined in Section 53G-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; (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; (d) does not include the following policies in the association's bylaws or policies: (i) providing moratorium periods for all sports statewide during the Independence Day, Thanksgiving, and winter break holidays; (ii) providing a summer moratorium on a sport-by-sport basis on the state, region, district, or school level; (iii) imposing a sport-specific off-season moratorium of at least six weeks, which may include reasonable accommodations to address the needs of rural schools and the regions of rural schools; and (iv) definitions that, in relation to enforcing a moratorium, may exclude time in weight training or conditioning that is not dedicated for a specific team or sport; (e) does not establish penalties for an infraction of association policies or rules by a member school; and (f) does not equally enforce the penalties described in Subsection (1)(e) on every member school. (2) (a) For a student who is not a United States citizen and who is unable to provide an unamended birth certificate, as that term is defined in Section 53G-6-1001, the association may collect the student's: (i) state-issued identification document, including a driver's license or passport; or (ii) federally recognized identification document, including a document that the Department of Homeland Security issues. (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: (i) an affidavit from the student's parent or legal guardian attesting: (A) to the student's date of birth and sex; and (B) that the parent or legal guardian is unable to obtain a document described in Subsection (2)(a); and (ii) one of the following: (A) a religious, hospital, or physician certificate; (B) verified school records; (C) verified immunization records; or (D) documentation from a social service provider. (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. Sec. 11431 et seq. (b) For a student who is a homeless child or youth, including an unaccompanied homeless child or youth, an association may collect: (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 (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: (a) residency status; (b) age; (c) sex, verified by the student's unamended birth certificate, as that term is defined in Section 53G-6-1001; (d) academic requirements; or (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: (a) the association's public or private status; or (b) the public or private employment status of the employee or officer. (6) An association shall annually submit a written report to the Education Interim Committee after July of each year, in relation to the preceding school year, regarding: (a) the implementation of the policies described in Subsection (2)(d); and (b) the compliance and monitoring described in Subsections (2)(e) and (2)(f).
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