An Act Relating to Private School Student Participation in Public School Cocurricular, Interscholastic and II Extracurricular Activities
Maine Legislature, Session 126, LD 0092
Committee Amendment CA_A_H53 (House)
Amends: 20-A MRSA §5021-A

COMMITTEE AMENDMENT "ft" to H.P. 74, L.D. 92, Bill, "An Act Relating to 
Private School Student Participation in Public School Cocurricular, Interscholastic and 
II 
Extracurricular Activities" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §5021-A, first~, as enacted by PL 2011, c. 456, §I, 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 500 I-A, subsection 3, 
paragraph A, subparagraph (1), division W-BF (b) and that is not a member of an 
association that promotes, organizes or regulates statevlide interscholastic activities in 
both publio and private schools. 
Sec. 2. 20-A MRSA §5021-A, suh-§l, ~A, as enacted by PL 2011, c. 456, §l, 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 withhold approval 
only if the school does not have the capacity to provide the student with the 
opportunity to participate in the cocurricular 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. 
Sec. 3. 20-A MRSA §5021-A, suh-§l, ~C is enacted to read: 
COMMITTEE AMENDMENT 
~~ 
.. 
}' . 
COMMITTEE AMENDMENT "A" to H.P. 74, L.D. 92 
C. The private school the student attends does not provide the same cocurricular 
activity. 
Sec.4. 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 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. 
Sec. 5. 20-A MRSA §5021-A, sub-§2, ~ 
is enacted to read: 
F. The private school the student attends does not provide the same extracurricular or 
interscholastic activity.' 
SUMMARY 
This amendment strikes and replaces the bill. 
The amendment limits public school resources and services available to students 
enrolled in private schools to only those students enrolled in certain private schools 
recognized by the Department of Education as providing equivalent instruction. 
The amendment provides that the principal of a public school may deny the request 
of a student enrolled in an equivalent instruction program to participate in a cocurricular, 
extracurricular or interscholastic activity only if the school does not have the capacity to 
provide the student with the opportunity to participate in the activity. If approval for 
participation is withheld by the principal, the principal must provide a written explanation 
to the student or the student's parent or guardian stating the reason or reasons for the 
decision. 
The amendment provides that a student enrolled in an equivalent instruction program 
is not eligible to participate in a co curricular, interscholastic or extracurricular activity at 
a public school if the private school the student attends already provides that same 
activity. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/04113 
~ac.. 
LD92 
LR 616(02) 
An Act Relating to Private School Student Participation in Public School Cocurricular, Interscholastic 
and Extracurricular Activities 
Fiscal Note for Bill as Amended by Committee Amendment 'A' '( H -5 3) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Unfunded 
State Mandates 
Required Activity 
Unit Affected 
Limits the ability of a public school principal or principal's designee to deny 
School 
students enrolled in certain equivalent instruction programs from participating in its 
cocurricular, extracurricular and interscholastic activities. 
Requires principal to provide written explanation to student or student's 
School 
parent/guardian if approval is withheld. 
Local Cost 
Insignificant 
statewide 
Insignificant 
statewide 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
LR0616(02) - Fiscal Note - Page 1 of 1