Homeschool Students in Maryland - Right to Play

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1043*

HOUSE BILL 1043
F1 6lr3344

By: Delegate Smith
Introduced and read first time: February 9, 2026
Assigned to: Ways and Means

A BILL ENTITLED

AN ACT concerning 1

Homeschool Students in Maryland – Right to Play 2

FOR the purpose of authorizing a public high school to allow certain homeschool students 3
to participate in athletic activities sponsored by the school under certain 4
circumstances; authorizing certain homeschool students to participate in an athletic 5
activity sponsored by certain public high schools, subject to certain requirements; 6
requiring that certain liability insurance cover certain homeschool students under 7
certain circumstances; and generally relating to homeschool students and athletic 8
activities sponsored by public high schools. 9

BY adding to 10
Article – Education 11
Section 7–118 12
Annotated Code of Maryland 13
(2025 Replacement Volume and 2025 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Education 17

7–118. 18

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20

(2) “ATHLETIC ACTIVITY” INCLUDES INTERSCHOLASTIC ATHLETICS: 21

(I) IN WHICH A STUDENT MAY PARTIC IPATE OUTSIDE OF 22
REGULAR SCHOOL HOURS; AND 23
2 HOUSE BILL 1043

(II) FOR WHICH A STUDENT DOES NOT EARN ACADEMIC CREDIT. 1

(3) (I) “HOMESCHOOL STUDENT ” MEANS A STUDENT WHO 2
PARTICIPATES IN A HO ME INSTRUCTION PROGR AM THAT MEETS THE 3
REQUIREMENTS OF COMAR 13A.10.01.01. 4

(II) “HOMESCHOOL STUDENT” DOES NOT INCLUDE A S TUDENT 5
WHO PARTICIPATES IN A HOME INSTRUCTION P ROGRAM THAT IS UNDERGOING A 6
DEFICIENCY CORRECTION IN ACCORDANCE WITH COMAR 13A.10.01.03. 7

(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION A ND 8
SUBSECTION (C) OF THIS SECTION , A PUBLIC HIGH SCHOOL MAY ALLOW A 9
HOMESCHOOL STUDENT WHO IS NOT ENROLLED IN THE SCHOOL TO PARTICIPATE IN 10
AN ATHLETIC ACTIVITY SPONSORED BY THE SCHOOL TO THE SAME EXTENT THAT A 11
STUDENT WHO IS ENROL LED IN THE SCHOOL MA Y PARTICIPATE IN THE ATHLE TIC 12
ACTIVITY. 13

(2) A PUBLIC HIGH SCHOOL SHALL GIVE PLACEMENT PRIORITY TO A 14
STUDENT ENROLLED IN THE PUBLIC HIGH SCHO OL SPONSORING THE AT HLETIC 15
ACTIVITY OVER A STUDENT WHO IS NOT ENROLLED IN THE PUBLIC HIGH SCHOOL IF 16
THERE ARE A LIMITED NUMBER OF SPACES AVA ILABLE FOR STUDENTS IN THE 17
ATHLETIC ACTIVITY. 18

(C) (1) A HOMESCHOOL STUDENT MAY PARTICIP ATE IN AN ATHLETIC 19
ACTIVITY SPONSORED: 20

(I) BY THE PUBLIC HIGH SCHOOL THE HOMESCHOOL STUDENT 21
WOULD BE ASSIGNED TO ATTEND IF THE HOMESCHOOL STUDENT ATTENDED PUBLIC 22
SCHOOL; OR 23

(II) FOR A HOMESCHOOL STUDENT WHO LIVES IN AN AREA THAT 24
DOES NOT ASSIGN STUDENTS TO A SPECIFIC SCHOOL, BY A PUBLIC HIGH SCH OOL 25
THAT IS GEOGRAPHICALLY PROXIMATE WITH THE HOMESCHOOL STUDENT’S 26
RESIDENCE AS DETERMINED BY THE RELEVANT COUNTY BOARD. 27

(2) IF THE PUBLIC HIGH SCHOOL AT WHICH A HOMESCHOOL STUDENT 28
MAY PARTICIPATE IN AN AT HLETIC ACTIVITY DOES NOT OFFER THE ATHLETIC 29
ACTIVITY IN WHICH THE HOMESCHOOL STUDENT WOULD LIKE TO PARTICIPATE, THE 30
HOMESCHOOL STUDENT MAY USE THE SAME METHODS THAT A STUDENT ENROLLED 31
IN THE PUBLIC HIGH SCHOOL USES TO PARTICIPATE IN ANOTHER PUBLIC HIGH 32
SCHOOL’S ATHLETIC ACTIVITIES. 33

HOUSE BILL 1043 3

(3) A STUDENT ENROLLED IN A PUBLIC HIGH SCHOOL WHO 1
WITHDRAWS FROM THE P UBLIC HIGH SCHOOL TO BEGIN A HOME INSTRUC TION 2
PROGRAM IS NOT ELIGIBLE TO PARTICIPATE IN AN ATHLETIC ACTIVITY SPONSORED 3
BY ANY PUBLIC HIGH SCHOOL I F THE STUDENT , WHILE ENROLLED IN TH E PUBLIC 4
HIGH SCHOOL , WAS SUBJECT TO DISCI PLINARY ACTION THAT WOULD BAR 5
PARTICIPATION IN THE ATHLETIC ACTIVITY. 6

(D) A HOMESCHOOL STUDENT W HO PARTICIPATES IN A N ATHLETIC 7
ACTIVITY SPONSORED BY A PUBLIC HIGH SCHOOL IS: 8

(1) SUBJECT TO: 9

(I) THE SAME INSURANCE , HEALTH, AND IMMUNIZATION 10
REQUIREMENTS AND EXEMPTIONS AS A STUDENT ENROLLED IN THE PUBL IC HIGH 11
SCHOOL; AND 12

(II) EXCEPT FOR ACADEMIC R ULES, THE SAME CODES OF 13
CONDUCT AND SAFETY R ULES AS A STUDENT EN ROLLED IN THE PUBLIC HIGH 14
SCHOOL; AND 15

(2) RESPONSIBLE FOR TRANSPORTATION TO AND FROM THE PUBLIC 16
HIGH SCHOOL. 17

(E) (1) IF A PUBLIC HIGH SCHOOL HAS LIABILITY INSURANCE FOR 18
ATHLETIC ACTIVITIES , THE LIABILITY INSURA NCE SHALL COVER HOMESCHOOL 19
STUDENTS PARTICIPATING IN A N ATHLETIC ACTIVITY SPONSORED BY THE PUBLIC 20
HIGH SCHOOL TO THE SAME EXTENT AS THE COVERAGE FOR STUDENTS ENROLLED 21
IN THE PUBLIC HIGH SCHOOL. 22

(2) A PUBLIC HIGH SCHOOL MAY REQUIRE A HOMESCHOOL STUDENT 23
PARTICIPATING IN AN ATHLETIC ACTIVITY SPONSORED BY THE PUBLIC HIGH 24
SCHOOL TO TAKE THE FOLLOWING ACTIONS IF THE PUBLIC HIGH SCHOOL REQUIRES 25
STUDENTS ENROLLED IN THE PUBLIC HIGH SCHOOL TO TAKE THE SAME ACTIONS: 26

(I) PAY INSURANCE PREMIUMS; 27

(II) SIGN WAIVERS; OR 28

(III) SHOW PROOF OF LIABILITY INSURANCE. 29

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
1, 2026. 31