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A 5367

Relates to high deductible health plans and health savings accounts

2025 Regular Session Introduced by Jonathan Jacobson and 1 co-sponsor

Allows nonpublic high school students to try out for and participate in district public school sports if their school doesn’t offer the sport, with conditions and NJSIAA oversight.

RETURNED TO ASSEMBLY
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Bill Summary · A 5367

Summary — A5367 (A5367A)

Title: Relates to high school interscholastic athletics and nonpublic school students
Introduced: February 25, 2025
Status: Returned to Assembly (passed both houses; returned to Assembly on June 12, 2025)
Primary sponsor: Assemblyman David Weprin; cosponsor: Jonathan Jacobson
Companion bill: S6895

Purpose / Intent

The bill addresses whether and on what terms a student who attends a nonpublic school may try out for and participate on a public school–sponsored high school interscholastic athletics team in the student’s district of residence when the student’s nonpublic school does not sponsor that sport. Its goal is to expand access to public school athletics for nonpublic-school students while setting participation conditions and dispute-resolution mechanisms.

(Note: the bill text uses permissive language — “A board of education may permit…” — allowing but not mandating boards to admit nonpublic students. The bill’s accompanying statement describes it as a requirement; the operative text governs and is permissive.)

Key provisions

  • Eligibility to try out and participate:

    • A board of education may permit a nonpublic-school student to try out for and participate on a district’s school-sponsored high school interscholastic athletics team or squad when the student’s nonpublic school does not sponsor that sport.
    • The nonpublic student must provide proof of residence in the district of residence.
    • The student must meet the same district participation requirements that apply to enrolled public school students (examples listed: physical examinations, insurance, fees, age, and academic requirements).
    • The student must comply with the same standards of behavior, responsibilities, and performance as other team members.

  • Adjudication of eligibility disputes:

    • Any controversy over a student’s compliance with New Jersey State Interscholastic Athletic Association (NJSIAA) eligibility requirements is to be adjudicated by the NJSIAA under its constitution and bylaws.

  • Ineligibility carryover:

    • A student who withdrew from a public district to enroll in a nonpublic school while ineligible under academic, behavioral, or other eligibility standards remains ineligible to compete consistent with NJSIAA rules.

  • Fees and financial hardship:

    • Boards may charge participating nonpublic students a fee, except for those with financial hardship, not to exceed the actual cost per pupil of participating in the sport.
    • Financial hardship criteria are defined by the Statewide eligibility standards for free and reduced-price meals.

  • Transportation and accommodation:

    • The bill does not require districts to provide transportation or to pay transportation costs for nonpublic students participating under this section.
    • Districts are not required to change team schedules, procedures, or participation requirements to accommodate nonpublic students.

Who is affected

  • Nonpublic (private, parochial) high-school students who wish to play a sport not offered by their school.
  • Public school districts, boards of education, athletic directors, and teams that may be asked to accept additional participants.
  • NJSIAA, which will resolve eligibility disputes.
  • Families (potential fees, residency verification, compliance with district rules).

Implementation / Timeline

  • Effective date: the first day of the third month following enactment.

Potential impacts to consider

  • Increased access to interscholastic sports for nonpublic students where their school lacks offerings.
  • Administrative tasks for districts: residency verification, processing fees, ensuring students meet health/academic requirements.
  • Possible effects on team rosters, resources, and competitive balance — boards retain discretion whether to permit participation.
  • Disputes over eligibility routed to NJSIAA procedures rather than local boards or courts.

Legislative actions of note: Passed Assembly (May 27, 2025); delivered to Senate and referred to committees; passed Senate (June 12, 2025) and returned to Assembly (June 12, 2025). Printed as A5367A (May 16, 2025).

Compiled from official sources — confirm details with the bill’s official record.

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