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J. Michael Smith, Esq.
President

Michael P. Farris, Esq.
Chairman

Public School Access for Homeschoolers—A Legal Summary

ALASKA

Effective July 1, 2013, a full-time student who is enrolled in grades 9 through 12 in an “alternative education program that is located entirely in the state and that does not offer interscholastic activities is eligible to participate in any interscholastic activities program available in a public school” if the following four requirements are met:

(1) Based “on the residence of the parent or legal guardian, the student would be eligible to attend [the interscholastic activities program] were the student not enrolled in an alternative education program,” Alaska Statutes § 14.30.365(a)(1), or “the student requests to participate” in the interscholastic activities program, “shows good cause” for why [he or she] should be allowed to participate, and gets the approval of “the governing body of the school” for the same, Alaska Stat. § 14.30.365(a)(2);

(2) The student “is otherwise eligible to participate in interscholastic activities under requirements established by the school, the school district, and the statewide interscholastic activities governing body,” Alaska Stat. § 14.30.365(b)(1);

(3) The student “provides documentation, including academic transcripts, proof of full-time enrollment, and applicable disciplinary records, and, if required for participation in an activity by the school, requested medical records, to the school providing the interscholastic activities program,” Alaska Stat. § 14.30.365(b)(2); and

(4) The student “claims the same school for interscholastic activities eligibility purposes during a school year.” Alaska Stat. § 14.30.365(b)(3).

For the purposes of this section, the term “alternative education program” is defined as including any “home school program that is accredited by a recognized accrediting body,” Alaska Stat. § 14.30.365(c)(1), and the term “full-time student” means any “student who (A) is enrolled in not less than five classes in grades nine through 11 and not less than four classes in grade 12; and (B) is on track to graduate from secondary school in not more than four years of attendance in secondary school.” Alaska Stat. § 14.30.365(c)(3).

The term “interscholastic activities” is defined as meaning "preparation for and participation in events or competitions involving another school when the preparation or participation (A) is sanctioned or supported by the statewide interscholastic activities governing body; (B) is conducted outside of the regular school curriculum; and (C) does not involve participation in student government at a school.” Alaska Stat. § 14.30.365(c)(4).

Alaska Statutes § 14.30.365 (effective July 1, 2013)

Interscholastic activities; eligibility.

(a) A full-time student who is eligible under (b) of this section who is enrolled in grades nine through 12 in an alternative education program that is located entirely in the state and that does not offer interscholastic activities is eligible to participate in any interscholastic activities program available in a public school

(1) that, based on the residence of the parent or legal guardian, the student would be eligible to attend were the student not enrolled in an alternative education program; or

(2) at which the student requests to participate, if

(A) the student shows good cause; and

(B) the governing body of the school approves.

(b) A student is eligible to participate in interscholastic activities under this section if the student

(1) is otherwise eligible to participate in interscholastic activities under requirements established by the school, the school district, and the statewide interscholastic activities governing body;

(2) provides documentation, including academic transcripts, proof of full-time enrollment, and applicable disciplinary records, and, if required for participation in an activity by the school, requested medical records, to the school providing the interscholastic activities program; and

(3) claims the same school for interscholastic activities eligibility purposes during a school year.

(c) In this section,

(1) “alternative education program” means a public secondary school that provides a nontraditional education program, including the Alaska Military Youth Academy; a public vocational, remedial, or theme-based program; a home school program that is accredited by a recognized accrediting body; a charter school authorized under AS 14.03.250–14.03.290; and a statewide correspondence school that enrolls students who reside outside of the district in which the student resides and provides less than three hours a week of scheduled face-to-face student interactions in the same location with a teacher who is certified under AS 14.20.020;

(2) “district” has the meaning given in AS 14.17.990;

(3) “full-time student” means a student who

(A) is enrolled in not less than five classes in grades nine through 11 and not less than four classes in grade 12; and

(B) is on track to graduate from secondary school in not more than four years of attendance in secondary school;

(4)“interscholastic activities” means preparation for and participation in events or competitions involving another school when the preparation or participation

(A) is sanctioned or supported by the statewide interscholastic activities governing body;

B) is conducted outside of the regular school curriculum; and

(C) does not involve participation in student government at a school.

For more information on public school access, see HSLDA’s Issues Library