Here is the language placed in the proposed K-12 Omnibus bill by the Joint Finance Committee on May 19.

Motion #457

29.  Participation in Athletics and Extra-Curricular Activities.  Require a school board to permit a pupil who resides in the school district to participate in interscholastic athletics or extracurricular activities on the same basis and to the same extent as pupils enrolled in the district, if the pupil is enrolled in one of the following:  (a) a home-based private educational program; (b) a private school located in the district; (c) an independent “2r” charter school located in the district; or (d) a virtual school.  Provide that a pupil who is enrolled in a home-based private educational program and is determined by the public school or school board to be ineligible to participate in interscholastic athletics because of inadequate academic performance would be considered ineligible to participate.  Specify that a pupil attending a private school or an independent “2r” charter school could only participate in a sport that the private school or charter school does not offer.

Provide that a school district could not be a member of an athletic association unless the association required member school districts to permit home-based, private, charter, and virtual charter pupils to participate in athletic activities in the district.

Provide that a school board may charge participation fees to a non-public pupil who participates in interscholastic athletics or extracurricular activities, including fees for uniforms, equipment, and musical instruments, on the same basis and to the same extent as these fees are charged to pupils enrolled in the district.