JJIAA - PRIVATE SCHOOL STUDENTS—ACCESS TO PUBLIC SCHOOL COCURRICULAR, INTERSCHOLASTIC AND EXTRACURRICULAR ACTIVITIES

JJIAA - Private School Students—Access to Public School Co-Curricular, Interscholastic and Extracurricular Activities

1. Purpose
   The Regional School Unit 21 (RSU 21) Board recognizes that Maine law sets standards for access to public school co-curricular, interscholastic and extracurricular activities by students enrolled in equivalent instruction programs in private schools.
    
2. Definition of a Student Enrolled in an Equivalent Instruction Program.
   For the purpose of this policy, a “student enrolled in equivalent instruction program” means a student otherwise eligible to attend school in that school administrative unit, including a student who resides in an 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 20-A MRSA § 5001-A(3)(1) (b).
    
3. Participation in Co-Curricular Activities
   “Co-curricular activities,” for the purpose of this policy, are activities that are sponsored by the school, are directly related to the curriculum and support achievement of the learning standards established by law, Board policy and or administrative action.   Examples of such activities include, but are not limited to, the math club, science fairs and foreign language clubs.
   
   A student enrolled in an equivalent instruction program as defined in this policy is eligible to participate in co-curricular activities sponsored by RSU 21 provided that the following requirements are met/satisfied:
    
   1. The student or his/her/their parent/guardian applies in writing to, and receives written approval from, the school principal/designee; 
   2. The student currently meets, and agrees to meet in the future, established behavioral, disciplinary, attendance and other rules applicable to all students enrolled in the co-curricular activity in which they are participating; and 
   3. The private school attended by the student does not provide the same co-curricular activity.

The principal/designee may withhold approval only if the school does not have the capacity to provide the student with the opportunity to participate in the co-curricular activity.  If approval is withheld, the principal/designee will provide a written explanation to the student and/or student’s parent/guardian stating the reason for the decision to withhold approval.

4. Participation in Extracurricular Activities
   “Extracurricular activities,” for the purpose of this policy, are school-sponsored activities for which participants are supervised by staff, including those teams, both athletic and academic, that participate in interscholastic competition.
   
   A student enrolled in an equivalent instruction program as defined in this policy is eligible to try out for extracurricular and interscholastic activities sponsored by RSU 21 provided that the following requirements are met/satisfied:
    
   1. The student applies for, and receives written approval from, the principal/designee; 
   2. The student agrees to abide by equivalent rules of participation as are applicable to regularly enrolled students participating in the activity and provides evidence that the rules of participation are being met;
   3. 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 school unit; 
   4. The student currently meets, and agrees to meet in the future, equivalent academic standards as those established for regularly enrolled students participating in the activity, and agrees to and provides evidence of the same; 
   5. The student agrees to abide by the same transportation policy as regularly enrolled students participating in the activity; and
   6. The private school attended by the student does not provide the same extracurricular or interscholastic activity.

The principal/designee will be responsible for approving or withholding approval of applications to try out for an extracurricular activity. The principal/designee may withhold approval only if the school does not have the capacity to provide the student with the opportunity to participate in the extra curricular activity.

If approval is withheld, the principal/designee will provide a written explanation to the student or the minor student’s parent(s)/guardian(s) stating the reason for the decision. The criteria for selection of participants shall be determined by the staff members (coaches, advisors and their supervisors) responsible for the activities.  Tryouts are by nature competitive.  Eligibility to try out does not guarantee participation.

Decisions resulting in non-selection of individual students shall not be subject to appeal or reconsideration unless they are in violation of law or Board policy.

5. Verification of Eligibility
   To permit verification that the student has met eligibility requirements under this policy, the student’s parent(s)/guardian(s) (or the student, if 18 years or older) must authorize the private school to provide to the principal (or designee) all information necessary to determine whether the student meets the requirements.
    
6. Delegation of Authority
   In order to maintain an efficient and orderly method for processing applications for participation, the Board authorizes the Superintendent/designee to develop procedures, as appropriate, for the principal/designee’s use in determining whether students have met eligibility requirements and for granting or withholding approval of participation.
   
   RSU 21 has no obligation to notify students enrolled in equivalent instruction in private schools concerning eligibility for participation in school-sponsored co-curricular, interscholastic or extracurricular activities.
    
7. Appeals
   Except as otherwise provided in this policy, appeals from administration and application of the Board policy are heard by the Board, whose decision is final and binding.  Appeals that question the Board’s policy compliance with legal requirements must be made to the Commissioner of the Maine Department of Education, whose decision is final and binding.
    

Legal Reference: 

20-A MRSA §§ 2901, 5001-A, 5021-A(3)

Cross References: 

KE – Complaints Appeal Process
JJJ/JJIC - Academic Eligibility
ACAA - Student Harassment and Sexual Harassment
ACAD - Hazing
ADC - Tobacco/Electronic Smoking Device Use and Possession
IHBGA - Participation by Home-Schooled Students in School Programs
JHB - Truancy
JIC - Student Code of Conduct
JICB - Care of School Property by Students
JICC - Student Conduct on Buses
JICH - Substance Abuse Policy
JICI - Extra-Curricular and Co-Curricular Activities Code of Conduct for Middle and High School Students
JICIA - Weapons, Violence and School Safety - Rules for Students, Staff and Visitors
JICK - Bullying
JLCA - Physical Examinations of Students
JLCB - Immunization of Students

Adopted: 12/05/11
Amended: 05/19/14
Revised: 11/17/25