An Act Relating to Private School Student Participation in Public School Cocurricular, Interscholastic and Extracurricular Activities
Maine Legislature, Session 126, LD 0092
Committee: Education and Cultural Affairs
Sponsors: MAKER, MASON, CRAY, DION, DOAK, TIMBERLAKE, TURNER, VOLK, WOOD
Amends: 20-A MRSA §5021-A

Legislative Document 
No. 92 
H.P. 74 
House of Representatives, January 24, 2013 
An Act Relating to Private School Student Participation in Public 
School Cocurricular, Interscholastic and Extracurricular Activities 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MAKER of Calais. 
Cosponsored by Senator MASON of Androscoggin and 
Representatives: CRAY of Palmyra, DION of Portland, DOAK of Columbia Falls, 
McCLELLAN of Raymond, TIMBERLAKE of Turner, TURNER of Burlington, VOLK of 
Scarborough, WOOD of Sabattus. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §5021-A, first ¶, as enacted by PL 2011, c. 456, §1, is 
amended to read: 
A school administrative unit shall conform to the following standards in making 
public school resources and services available to a student enrolled in an equivalent 
instruction program.  For the purposes of this section, "student enrolled in an equivalent 
instruction program" means a student otherwise eligible to attend school in that school 
administrative unit, including a student who resides in the unorganized territory, when the 
student is enrolled in an equivalent instruction program in a private school that is 
recognized as an equivalent instruction alternative under section 5001-A, subsection 3, 
paragraph A, subparagraph (1), division (a) or (b) and that is not a member of an 
association that promotes, organizes or regulates statewide interscholastic activities in 
both public and private schools. 
Sec. 2.  20-A MRSA §5021-A, sub-§1, ¶A, as enacted by PL 2011, c. 456, §1, is 
amended to read: 
A.  The student or the student's parent or guardian, on behalf of the student, applies in 
writing to and receives written approval from the principal of the school or the 
principal's designee.  The principal or the principal's designee may not withhold 
approval unless the school cannot reasonably accommodate the student's 
participation. 
Sec. 3.  20-A MRSA §5021-A, sub-§2, ¶A, as enacted by PL 2011, c. 456, §1, is 
amended to read: 
A.  The student applies for and receives written approval from the principal of the 
school or the principal's designee, who may not withhold such approval unless the 
school cannot reasonably accommodate the student's participation. 
SUMMARY 
This bill changes the standards for making public school resources and services 
available to students enrolled in certain equivalent instruction programs by eliminating 
the requirement that resources and services be made available to students in a private 
school recognized by the Department of Education as providing equivalent instruction 
and by limiting the ability of the public school principal or the principal's designee to 
deny participation to situations where the school cannot reasonably accommodate the 
student's participation.