Over the continued objections of the Utah High School Activities Association, the Senate Education Committee pushed forward a bill that would define how home school students can participate in public school sports.

On Monday, Madsen offered an amendment to the bill that addresses eligibility concerns. That includes anyone with disciplinary problems in public schools who would try and withdraw, only to come back as a home-schooler. The bill would now require those students to clear up any problems first.

That wasn't enough for Mark Van Wagoner of the Utah High School Activities Association. Because home school students already can participate in activities on approval of districts, he sees the bill as something more.

"What we have here is an argument about, I believe, parent rights," Van Wagoner said.

By proposing state law about home schooling kids in public school settings, he said Madsen was also creating a special class of student.

"It gives a special exception for a parent to judge the academic progress of their students for participation in (public) school," he said.

Van Wagoner was opposed by Paul Mero, president of the conservative Sutherland Institute.

"I, for one, take umbrage at that sort of legal sophistry and obstructionism. The issue of home school academic eligibility was settled long ago and correctly," he said.

That statement was backed by Sen. Curt Bramble, R-Provo.

"Fear, uncertainty and doubt is a powerful tool in the legislative process," Bramble said.

To temper that fear, he suggested adding a review of the system in three to five years to see if problems were arising. Sen. Howard Stephenson, R-Draper, said he'd like to see a similar review of public schools to see if problems are arising with how they're handling their students.

"I'm keenly aware of situations where teachers are 'highly encouraged' to give a passing grade," he said.

The bill passed out of committee 7-3 and now heads for the Senate floor.

Opposing the bill were Democrat Sens. Patricia Jones and Ross Romero, both of Salt Lake City, and Sen. Greg Bell, R-Fruit Heights.

SB 37, Home School and Extra Curricular Activities Amendments

Sponsor: Sen. Mark Madsen, R-Eagle Mountain

This bill would modify procedures for exempting minors who are home-schooled from attendance at a public or private school and address private school and home school students' eligibility to participate in extracurricular activities.