An Act Regarding Participation by Private School Students in Extracurricular and Interscholastic Activities at Public Schools
Maine Legislature, Session 127, LD 1420
Committee: Education and Cultural Affairs
Sponsors: MIRAMANT, KRUGER, LANGLEY, LIBBY, MILLETT, PATRICK, KORNFIELD, TIPPING-SPITZ
Amends: 20-A MRSA §5021-A

Legislative Document 
No. 1420 
S.P. 531 
In Senate, May 19, 2015 
An Act Regarding Participation by Private School Students in 
Extracurricular and Interscholastic Activities at Public Schools 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator MIRAMANT of Knox. 
Cosponsored by Representative KRUGER of Thomaston and 
Senators: LANGLEY of Hancock, LIBBY of Androscoggin, MILLETT of Cumberland, 
PATRICK of Oxford, Representatives: KORNFIELD of Bangor, TIPPING-SPITZ of Orono. 
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.