Luke With His High School Coach After Clinching a Spot at States
This week, my son, Luke, a freshman enrolled at Pennsylvania Leadership Charter School*, battled another homeschooled student to clinch a spot in the PIAA State Singles Tennis Championship. He placed 3rd in the WPIAL for class AA.
Parents choose to homeschool their children for a variety of reasons. Some homeschool in order to accommodate the child’s interest and ability in a particular sport, activity or artistic endeavor. Learning at home tends to be more efficient and can be extremely flexible which gives the child more time to dedicate to his or her passion.
In the past, each school district in Pennsylvania had discretion about whether to allow homeschooled children to participate in extra curricular activities. Effective January 1, 2006, any child who’s enrolled in a home education program has the right to participate in any activity that is subject to the provisions of section 511 of the Public School Code, including, but not limited to clubs, musical ensembles, athletics, and theatrical productions.
In order to participate, the child must meet the same eligibility criteria (academic, behavior) and try-out criteria as students enrolled in the school district. Homeschooled students must also comply with all policies, rules and regulations of the governing organization.
The subsection specifically includes a school district’s participation in interscholastic athletics including team and individual competitions, exhibitions, contests or events with other schools within or outside of the school district as an activity.
Where the activity requires completion of a physical examination or a medical test as a condition of participation, children enrolled in home education programs must have access to opportunities to complete physical exams and medical tests offered by the school. The school district is required to publish the dates of physical exams in publications of general circulation in the district or on the school district website.
If the school district adopts a policy to implement the provisions of the subsection, the policy may not conflict with other provisions of the home education law.
While home educating parents in Pennsylvania have the option, they’ll still want to weigh the option carefully before deciding whether their child should participate in school-sponsored activities.
Even if the activity is conducted during school hours (chorus, band, clubs, pep rallies, academic contests), the homeschooled child may participate if the parent is willing to provide transportation to and from the school. In 2007, a homeschooled student successfully challenged a school district’s efforts to prevent her from representing the district in a county spelling bee after she won the local competition.
Many home education programs don’t have a formal grading system. When district policy requires minimum academic eligibility standards, parents of homeschooled children may have to implement a similar grading system or come to some type of arrangement to show that the homeschooled child meets the eligibility requirements.
Two of my children participated in an elementary basketball program in our local school district. Since the program was officially sponsored by the booster program, every child in the district was eligible. Try-outs were conducted only to make teams even and there were no cuts. In other words, it was an instructional program which wasn’t dependent on minimum academic standards or ability. There was a fee to participate which applied to every participant.
I hope this clarifies any questions you might have about whether your homeschooled child may participate in extracurricular activities sponsored or organized by the school district of residence.
* Students enrolled in charter or cyber charter schools are not covered by 24 P.S. §1327.1 but the charter school law. See Charter school BEC 24 P.S. §17-1701-A
Students who are enrolled in a cyber charter school are eligible to participate in a school district of residence sponsored extracurricular activity if the student is able to fulfill the requirements of participation and the cyber charter school does not provide the same extracurricular activity. Cyber Charter Schools and School Districts are encouraged to communicate the requirements for participation in extracurricular activities that may include, but not be limited to, specific grades and attendance of the student. To release this information to a school district, it must first receive parent permission
“Even if the activity is conducted during school hours (chorus, band, clubs, pep rallies, academic contests), the homeschooled child may participate if the parent is willing to provide transportation to and from the school.”
Can you tell me where this information came from? Our school district is challenging us on this right now, and I have a call in to the state for clarification, but if you know where this is in writing as part of the law it would be so helpful! Our son has been involved in chorus, orchestra, and band for years, but now that we are homeschooling, our high school’s principal has said our son may choose only one to participate in during the school day. I’m just not sure that’s right or in accordance with the law.
Colleen, neither the Equal Access Law nor section 511 of the public school code limit participation by homeschoolers to after-school hours. Both provisions set forth (but aren’t limited to) the type of activities permitted including, “clubs, musical ensembles, athletics and theatrical productions”. Any activity subject to the provisions of section 511 of the PA Public School Code. That section is the vehicle by which public schools may have ANY type of organization or activity during or after school that isn’t a required subject or course. Section 511 gives some other examples of the type of activity that directors may approve or restrict, including BUT NOT LIMITED TO, “exercises, athletics, games of any kind, school publications, debating, forensic, dramatic, musical and other activities related to the school program”. Clearly, the legislature intended to include EVERY activity or club that the directors approve and clearly many of these occur during the school day. For example, yearbook committees, clubs, music ensemble practice and school newspaper meetings often take place during the school day. According to the text of the Equal Access provision, school directors may only adopt policies for participation and may not conflict with any provision of the section.
Your son’s high school principal is imposing a restriction that isn’t authorized by law and it definitely conflicts with the section. As with most extra-legal or illegal requests or positions taken by school administrators, I challenge them to point to the authority in the law. There is no provision in the law which restricts homeschooled students from in- school extracurriculars and no provision that limits students to just one activity at a time.
Let me know if the PDE gives you any support on this issue. Unfortunately, there’s no penalty provision in the PA homeschool law or the Equal Access provision of that law and you may have to litigate the issue if the board/principal doesn’t relent.
Beth, I am having the same issue. This is our first year of homeschooling, in the same district my kids have attended previously. I was just informed in writing that my 3rd grader is not eligible to participate in the Strings program offered to all 3rd graders as it is “an extension of the curriculum.” However, my 6th grader was able to sign in and sign out today at the middle for his band rehearsal, and has been given a lesson schedule and welcomed with open arms. I’m confused. I’m afraid to press the issue with the elementary level lest they turn around and refuse my middle schooler access to band. I’m in the process of gathering information. Any suggestions? Thanks in advance.
Nicole,
GRRRR! This is likely a problem of the left hand not knowing what the right hand is doing (and neither hand quite knows what the law is). I would proceed with the 3rd grader by citing the law (both the equal access provision [24 P.S. 1327.1(f.1) as well as the language in section 511 of the public school code. Ask the letter writer cite the provision that excludes your child). You might add that you pay taxes to support the strings program which is partly why the General Assembly passed the legislation. Unfortunately, the language of the statute does not explicitly state that homeschoolers can participate “during school hours” however the types of activities are (music is specifically included) even where it’s “related to the school program”[see Section 511]. I hope this helps. As I mentioned to Colleen, unfortunately, there are no penalty provisions for school not complying with the PA home education law and it’s really up to individual families in most cases to advocate for themselves. Let me know what happens.