JJIAA PrivSchStu-ExtracurricAth(1)

The 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.

For the purpose of this policy, "student enrolled in an equivalent instruction program" means a student otherwise eligible to attend school in that school administrative unit who 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).

I. 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 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 1 provided that: A. The student or his/her parent/guardian applies in writing to and receives written approval from the school principal/designee. B. The student currently meets, and agrees to meet in the future, established behavioral, disciplinary, attendance and other rules applicable to all students. C. The private school the student attends 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 or student's parent/guardian stating the reason for the decision to withhold approval.

II. PARTICIPATION IN EXTRACURRICULAR ACTIVITIES

"Extracurricular activities," for the purpose of this policy, are school-sponsored activities for which participants are selected by staff supervising the activities, 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 1 provided that the following requirements are met/satisfied: A. Prior to trying out for any extracurricular activity (where applicable), or otherwise participating in any extracurricular activity, a student enrolled in an equivalent instruction program as defined in this policy must request in writing and receives written approval from the principal/designee to try out and/or participate. A student enrolled in an equivalent instruction program must request and receive separate written approval from the principal/designee to participate in each district extracurricular activity. B. 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. 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 school unit. D. The student meets equivalent academic standards as 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 student pays the same fees as regularly enrolled students to participate in the activity. G. RSU 1 shall assess an additional share to the private school for the costs for the activity. H. The private school the student attends 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 or otherwise participate in any 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 extracurricular activity. A student enrolled in RSU 1 schools will never be denied the opportunity to try out or participate in any extracurricular activity in favor of a student enrolled in a private school. If more RSU 1 students wish to try out for any extracurricular activity than there are spaces available to participate, the student enrolled in an equivalent instruction program will not be permitted to try out.

If approval to try out and/or participate is withheld, the principal/designee will provide a written explanation to the student or the student's parent/guardian stating the reason for the decision.

If a student enrolled in an equivalent instruction program as defined in this policy is permitted to try out for any extracurricular activity, the criteria for selection of participants in the extracurricular activity shall be determined solely 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.

VERIFICATION OF ELIGIBILITY

To permit verification that the student has met eligibility requirements under this policy, the student's parent (or the student, if 18 years old) must authorize the private school to provide to the principal all information necessary to determine whether the student meets the requirements.

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 1 has no obligation to notify or provide information concerning eligibility for access to participation in school-sponsored cocurricular, interscholastic or extracurricular activities to students enrolled in equivalent instruction in private schools.

APPEALS

Except as otherwise provided in this policy, any appeal regarding the administration and application of this Board policy may be heard only by and at the discretion of 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 Education only, whose decision is final and binding.

Legal Reference: 20-A MRSA §§ 2901, 5001-A, 5021-A(3)

Cross Reference: KE -- Public Concerns and Complaints

Adopted: October 28, 2015

Revised: May 18, 2020