File JJIAAB: Charter School Students- Access to Public Schools Interscholastic and Extracurricular Activities

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The Board recognizes that Maine Law sets standards for access to public school interscholastic and extracurricular activities by students enrolled in charter schools. It is the Board’s intention to include charter school students in these activities when there is capacity to do so.

For the purpose of this policy, “student enrolled in a charter school” means a student enrolled in a Maine public charter school whose custodial parent or legal guardian resides in M.S.A.D. No. 75 or who withdrew from M.S.A.D. No. 75 for the purpose of attending the charter school.

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 a charter school as defined in this policy is eligible to try out for extracurricular and interscholastic activities sponsored by M.S.A.D. No. 75 provided that the following requirements are met/satisfied:

A.        The student applies for and receives written approval from the Superintendent/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.

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.

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.        The charter school the student attends does not provide the same extracurricular or interscholastic activity.

H.        The charter school agrees to pay a reasonable share of M.S.A.D. No. 75’s costs for the activity.

The Superintendent/designee will be responsible for approving or withholding approval of applications to participate in an extracurricular activity. The Superintendent/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.

The school does not have capacity to provide a charter school student the opportunity to participate in an extracurricular activity when all available slots or positions for the activity are taken by regularly-enrolled students. A student enrolled in M.S.A.D. No. 75 schools will not be denied the opportunity to participate in favor of a student enrolled in a charter school.

If approval is withheld, the Superintendent/designee will provide a written explanation to the student or the student’s parent/guardian 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. Participation will be subject to capacity, and 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 charter school to provide to the Superintendent/designee 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 use in determining whether students have met eligibility requirements and for granting or withholding approval of participation.

M.S.A.D. No. 75 has no obligation to notify or provide information concerning eligibility for participation in school-sponsored interscholastic or extracurricular activities to students enrolled in charter schools.

Legal Reference:              20-A MRSA §§2415
Cross Reference:             KL – Complaints

FIRST READING:          June 25, 2015
SECOND READING:      July 9, 2015
ADOPTION:                  July 9, 2015