PREFILED    NOV 25 2025

REFERENCE TITLE: ESA students; interscholastic activities; requirements

 

 

 

 

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

 

 

 

SB 1004

 

Introduced by

Senator Kavanagh

 

 

 

 

 

 

 

 

AN ACT

 

amending title 15, chapter 8, article 1, Arizona Revised Statutes, by adding section 15-802.02; relating to interscholastic activities.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 15, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 15-802.02, to read:

START_STATUTE15-802.02. Interscholastic activities; ESA students; school district of residence; eligibility; policies; prohibition; definitions

A. Notwithstanding any other law, an ESA student may participate in or try out for interscholastic ACTIVITIES on behalf of the ESA student's school district of residence in the same manner as a student who is enrolled in the school district.

B. Except as provided in this subsection, each school district shall ensure that the policies and requirements relating to registration, age eligibility, fees, insurance, transportation, physical condition, qualifications, responsibilities, event schedules, standards of behavior and performance for an ESA student who participates in or tries out for an interscholastic activity are consistent with the policies and requirements for students who are enrolled in the school district.

C. A school district may not charge a participation fee for an ESA student to participate in an interscholastic activity in an amount that exceeds the ESA student's pro rata share of the activity's program costs.  This subsection does not prevent a school district from requiring an ESA student to pay for expenses related to the interscholastic activity if the school district requires all participating students, including students who are enrolled in the school district, to pay for those expenses.

D. The parent of an ESA student who participates in or tries out for an interscholastic activity pursuant to this section shall submit written verification to the school district that the ESA student is both:

1. Receiving a passing grade in each course or subject that the ESA student is being taught.

2. Maintaining satisfactory progress toward advancement or promotion.

E. An ESA student is ineligible to participate in an interscholastic activity pursuant to this section if any of the following applies:

1. The ESA student Was enrolled in a school district or charter school during the school year for which the ESA student tries out for or seeks to participate in the interscholastic activity.

2. The ESA student was enrolled in two or more private schools during the school year for which the ESA student tries out for or seeks to participate in the interscholastic activity.

3. The ESA student is enrolled in a private school that offers the interscholastic activity.

F. A school district may not contract with any private entity that supervises interscholastic activities if the private entity prohibits ESA students from participating in interscholastic activities at school districts, charter schools or private schools.

G. For the purposes of this section:

1. "ESA student" means a child whose parent has signed an agreement pursuant to section 15-2402 to educate the child outside of any school district or charter school.

2. "Pro rata share" means an amount that is calculated by dividing the total amount that a school district has budgeted for an interscholastic activity by the total number of students who are participating in the interscholastic activity during the budget year. END_STATUTE