CHAPTER 82

(HB 1147)

High school extracurricular activities, eligibility restricted.

         ENTITLED, An Act to  revise certain eligibility restrictions related to secondary school extracurricular activities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 13-32-9 be amended to read as follows:

     13-32-9.   Any person adjudicated, convicted, the subject of an informal adjustment or court- approved juvenile diversion program, or the subject of a suspended imposition of sentence for possession, use, or distribution of controlled drugs or substances or marijuana as defined in chapter 22-42 , or for ingesting, inhaling, or otherwise taking into the body any substances as prohibited by §  22-42-15, is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education for one calendar year from the date of adjudication, conviction, diversion, or suspended imposition of sentence. The one-year suspension may be reduced to sixty school days if the person participates in an assessment with a certified chemical dependency counselor or completes an accredited intensive prevention or treatment program. If the assessment indicates the need for a higher level of care, the student is required to complete the prescribed program before becoming eligible to participate in extracurricular activities . Upon a subsequent adjudication, conviction, diversion, or suspended imposition of sentence for possession, use, or distribution of controlled drugs or substances or marijuana as defined in chapter 22-42, or for ingesting, inhaling, or otherwise taking into the body any substances as prohibited by §  22-42-15, by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular activity while that person is attending at any secondary school accredited by the Department of Education. Upon such a determination in any juvenile court proceeding the Unified Judicial System shall give notice of that determination to the South Dakota High School Activities Association and the chief administrator of the school in which the person is enrolled participating in any extracurricular activity .

     Upon placement of the person in an informal adjustment or court-approved juvenile diversion program, the state's attorney who placed the person in that program shall give notice of that placement to the South Dakota High School Activities Association and chief administrator of the school in which the person is participating in any extracurricular activity.

     As used in this section, the term, extracurricular activity, means any activity sanctioned by the South Dakota High School Activities Association.

     Veto Overridden. Filed March 24, 2006

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