35160.5.
(a) The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period.
(1) For purposes of this subdivision, “extracurricular activity” means a program that has all of the following characteristics:
(A) The program is supervised or financed by the school district.
(B) Pupils participating in the program represent the school district.
(C) Pupils exercise some degree of freedom in either the selection, planning, or control of the program.
(D) The program includes both preparation for performance and performance before an audience or spectators.
(2) For purposes of this subdivision, an “extracurricular activity” is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time.
(3) For purposes of this subdivision, a “cocurricular activity” is defined as a program that may be associated with the curriculum in a regular classroom.
(4) A teacher-graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this subdivision.
(5) For purposes of this subdivision, “satisfactory educational progress” shall include, but not be limited to, both of the following:
(A) Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average in all enrolled courses on a 4.0 scale.
(B) Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board.
(6) For purposes of this subdivision, “previous grading period” does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, “previous grading period” means the grading period immediately before the grading period or periods excluded pursuant to this paragraph.
(7) A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is not an extracurricular or cocurricular activity as defined by this subdivision.
(8) (A) The governing board of a school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular activities in the subsequent grading period.
(B) Notwithstanding subparagraph (A), the governing board of each school district may adopt a policy that would allow a probationary period to exceed one semester in length through the completion of the 2020–21 school year due to the impact of COVID-19.
(9) This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145.
(10) (A) (i) The governing board of a school district shall may adopt, as part of its policy established pursuant to this subdivision, a pupil drug testing program. The
(ii) A
pupil drug testing program
adopted pursuant to clause (i) shall include, at minimum, a nicotine testing program for pupils in grades 7 to 12, inclusive, applicable to athletic extracurricular activities.
The A pupil drug testing program
adopted pursuant to clause (i) may also include testing for alcohol and controlled substances, as listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, for pupils in grades 7 to 12, inclusive.
The pupil drug testing program may also apply to other extracurricular activities.(B) The basis for testing pursuant to the pupil drug testing program adopted pursuant to subparagraph (A) shall be random and suspicionless, unless the school has a reasonable suspicion that a pupil used nicotine or, if applicable, alcohol or a controlled substance as listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.
The results of a pupil’s drug test pursuant to a pupil drug testing program adopted pursuant to subparagraph (A) shall not be made available to criminal or juvenile authorities unless compelled by a valid and binding subpoena or other legal process. The results shall be made available to the superintendent of the school district or the superintendent’s designated representative, the coach of the extracurricular athletic
and the parents or other person having legal custody of the pupil, and shall not be made available to any other person.