6. Participation in cocurricular activities. Eligibility for an exceptional student a child with a disability to participate in cocurricular activities may not be denied solely because the student is enrolled in a reduced course load when the reduced course load is due to the student's exceptionality disability, provided that only if the student is satisfactorily completing the requirements of the educational components of an individualized family service plan or individualized education plan program and is otherwise in compliance with the plan program. If the student is not satisfactorily completing the educational components of an individualized family service plan or individualized education plan program or is not otherwise in compliance with the plan program, the student's eligibility may be determined in the same manner as the eligibility of a nonexceptional student child without disabilities who is not satisfying the applicable academic standards.

Sec. A-23. 20-A MRSA §7202, as amended by PL 2005, c. 446, §7, is further amended to read:

§7202. Duties of school administrative units

Each school administrative unit operating schools shall:

1. Identification. Identify all children within its jurisdiction who require special education;

2. Records. Make and keep current records of exceptional students children with disabilities within its jurisdiction, as required by rules established by the commissioner, and institute procedures which that guarantee the confidentiality of these records in accordance with state and federal law;

2-A. Assist advocates for developmentally disabled. Assist the Protection and Advocacy Agency for the Developmentally Disabled in Maine advocacy agency designated under Title 5, section 19502 in conducting an investigation, pursuant to Title 22 5, section 3554 19505, subsection 4, by providing access to relevant case records, notifying parents or guardians of these investigations and by requesting parental consent for access to case records by the agency. Parents or guardians may refuse to consent to the examination of these records;

3. Diagnosis and evaluation. Provide educational diagnosis and evaluation necessary the evaluations and assessments required by the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq., as amended, to plan and implement a special education program for exceptional students