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An Act Regarding Participation by Private School Students in Extracurricular and Interscholastic Activities at Public Schools
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  this legislation affects the eligibility of certain students for sports teams and other extracurricular and interscholastic activities; and
Whereas,  this 90-day period may not expire until after schools set their calendar for those activities for the fall; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §5021-A, sub-§2, as amended by PL 2013, c. 428, §§4 and 5, is further amended to read:
 
2. Participation in extracurricular and interscholastic activities.   A student enrolled in an equivalent instruction program in a private school that is recognized or approved as an equivalent instruction alternative under section 5001-A, subsection 3, paragraph A, subparagraph (1), division (a) or (b) is eligible to try out for extracurricular and interscholastic activities sponsored by the local school unit as long as the following requirements are satisfied.
 
A. The student applies for and receives written approval from the principal of the school or the principal's designee, who may withhold such approval only if the school does not have the capacity to provide the student with the opportunity to participate in the extracurricular or interscholastic activity. If approval is withheld, the principal or the principal's designee must provide a written explanation to the student or the student's parent or guardian stating the reason or reasons for the decision to withhold approval.
 
B. The student agrees to abide by rules of participation equivalent to those applicable to regularly enrolled students participating in the activity and provides evidence that the rules of participation are being met.
 
C. The student complies with the same physical examination, immunization, insurance, age and semester eligibility requirements as regularly enrolled students participating in the activity. All required documentation must be made available upon request by the local school unit.
 
D. The student meets academic standards equivalent to those established for regularly enrolled students participating in the activity and provides evidence that the academic standards are being met.
 
E. The student abides by the same transportation policy as regularly enrolled students participating in the activity.
 
F. The private school the student attends does not provide the same extracurricular or interscholastic activity.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
Current law allows a student at a private school that is recognized by the Department of Education as providing an equivalent instruction alternative to try out for extracurricular or interscholastic activities at a public school if the private school the student attends does not offer the same extracurricular or interscholastic activities, the principal of the public school approves and the student agrees to abide by other conditions.
This bill extends the same privilege to a student enrolled in an equivalent instruction program at a private school that is approved for attendance purposes by the Department of Education. Private schools that are approved by the department must meet standards for hygiene, health and safety and either be accredited by the New England Association of Schools and Colleges or meet applicable requirements of Maine law pertaining to private schools and the department's requirements for approval for attendance purposes.