Sports

Sports

February 2008: There are several pieces of legislation this year to allow homeschool participation in sports. Check TnHomeEd.com/2008Legis.html for current details.

December 9, 2005: There has been a change in the TSSAA rules that allow some homeschooler participation in sports they govern. Here are the TSSAA changes:

The [TSSAA] Legislative Council amended Article IV, Section 1 to now state:

A member of the Tennessee Secondary School Athletic Association is permitted to play or scrimmage any secondary school with grades 9 and above in regular season play.

For purposes of this rule, a school team may be one school or a cooperative program of one or more schools.

We will also add the following to the definitions section:

School team – An entity comprised of one or more students in a school, under the control and conduct of the school, which represents the school in interscholastic athletic competition.

Check http://TSSAA.org for a copy of their Bylaws. Read the TSSAA Memorandum.

Current Law:

Tennessee Code 49-6-3050 (a)(1) says

"Public school facilities may be used by home school participants with the approval of the local superintendent, but this permissive authority shall not be construed to confer any right upon such participants to use public school facilities. If approved, such use shall be in accordance with rules established by the local board of education."

Usually those rules "established by the local board" are those of the big amateur athletic associations such as the Tennessee Secondary School Athletic Association (TSSAA).

Legislation was introduced in 2002, but was never passed, in regard to homeschool participation in extra curricular activities. However with the unanimous no vote to allowing homeschooler participation by the TSSAA (Tennessee Amateur Athletic Association) and no one stepping forward to champion the bill it died with the session. The legislation was introduced in 102nd General Assembly as bills number SB1345 introduced by Rep. Randy McNally and HB0480 introduced by Senator Beth Harwell. I have notes that indicate that a previous attempt at using legislation to force acceptance of homeschoolers was tried in the 101st General Assembly. I don't have any further information.

There is come controversy about homeschoolers taking part in public school sports. Here's the opinion of probably the most vocal homeschooling opponent.

Why the Question of Homeschoolers' Playing Public School Sports Affects All Homeschoolers
Larry and Susan Kaseman
http://www.home-ed-magazine.com/HEM/173.00/mj_clmn_tch.html

Also here's a link to an HSLDA article on the Middle Tennessee Education Association website:
http://www.mthea.org/AthleticScholarships.htm
(MTHEA and HSLDA are "Christian" groups and so this article reflects that viewpoint. But there is some information which will apply to all homeschoolers and you'll want to read this regardless of your religious point of view.)

Various Sport Organizations' websites:

NCAA Site (National Collegiate Athletic Association) http://www.ncaa.org/eligibility/faqs/faqs_homeschooling.html
NAIA(National Association for Intercollegiate Athletics)
(918) 494-8828 http://www.naia.org
TSSAA (Tennessee Secondary School Athletic Association) http://www.tssaa.org
Homeschool Sports Network (HSPN)
http://www.hspn.net
National Christian Homeschool Athletic Association (NCHAA)
http://www.geocities.com/NCHAASports

Other Articles:

Athletic Business.com has a good overview of the issue at: http://www.hspn.net/Docs/homegrown_talent.pdf dated December 2004.

Real Sports (an HBO program) carried a segment the the issue of homeschoolers and sports called "Nowhere to Play" on August 25, 2005. http://www.hbo.com/realsports/stories/082305_nowheretoplay.html

National Association of State Boards of Education did a study on this issue: http://www.nasbe.org/Research_Projects/High_School.html

Other States:

The following states mandate or allow homeschooler participation:

Alabama:

Legislation will be filed next session by state Rep. Blaine Galliher, R-Rainbow City to allow homeschooler participation. Details at the Tuscaloosa News.

"...he will introduce in the Legislature next session a bill to allow children who are being home schooled to play on sports teams at the school they would attend if they were not being educated at home. The bill would also allow home schooled children to be cheerleaders, play in the band or take part in other extracurricular activities at a public school.

Similar bills have been introduced in other states including Tennessee and South Carolina.
(snip)
He said the bill would also apply to children who attend small private schools that do not have sports programs. "

Arizona:

Here's the AZ code: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15 as of 7/5/05
15-802.01. Children instructed at home; eligibility to participate in interscholastic activities

A. Notwithstanding any other law, a child who resides within the attendance area of a public school and who is instructed at home shall be allowed to try out for interscholastic activities on behalf of the public school in the same manner as a pupil who is enrolled in that public school. Registration, age eligibility requirements, fees, insurance, transportation, physical condition, qualifications, responsibilities, event schedules, standards of behavior and performance policies for home schooled students shall be consistent with those policies established for students enrolled in that public school. The individual providing the primary instruction of a child who is instructed at home shall submit written verification that provides:

1. Whether the student is receiving a passing grade in each course or subject being taught.

2. Whether the student is maintaining satisfactory progress towards advancement or promotion.

B. A child who is instructed at home and who was previously enrolled in a school shall be ineligible to participate in interscholastic activities for the remainder of the school year during which the child was enrolled in a school.

C. A school district shall not contract with any private entity that supervises interscholastic activities if the private entity prohibits the participation of children instructed at home in interscholastic activities at public, private or charter schools.

Colorado:

6(b)(I) For purposes of this subsection (6), a child who is participating in a nonpublic home-based educational program shall have the same rights as a student enrolled in a public or private school to participate on an equal basis in any extracurricular or interscholastic activity offered by a public school or offered by a private school, at the private school's discretion, as provided in section 22-32-116.5 and is subject to the same rules of any interscholastic organization or association of which the student's school of participation is a member. From the Colorado DOE: http://www.cde.state.co.us/cdeedserv/homeschool.htm

Florida: the Legislature passed a law that said the high school athletic association would not be allowed to discriminate against homeschoolers, or else public schools would not be allowed to participate in the association. Here's their law Chapter 1006, Section 15.

1006.15 Student standards for participation in interscholastic extracurricular student activities; regulation.--

(1) This section may be cited as the "Craig Dickinson Act."

(2) Interscholastic extracurricular student activities are an important complement to the academic curriculum. Participation in a comprehensive extracurricular and academic program contributes to student development of the social and intellectual skills necessary to become a well-rounded adult. As used in this section, the term "extracurricular" means any school-authorized or education-related activity occurring during or outside the regular instructional school day. (snip) See this link for the remainder.

Idaho:

Idaho Code 33-203. Dual Enrollment.

(snip)

2)         Any student participating in dual enrollment may enter into any program in the public school available to other students subject to compliance with the eligibility requirements herein and the same responsibilities and standards of behavior and performance that apply to any student’s participation in the activity, except that the academic eligibility requirements for participation in nonacademic activities are as provided herein.

(snip)

4)         Oversight of academic standards relating to participation in nonacademic public school activities shall be the responsibility of the primary educational provider for that student. In order for any nonpublic school student or public charter school student to participate in nonacademic public school activities for which public school students must demonstrate academic proficiency or eligibility, the nonpublic school or public charter school student shall demonstrate composite grade-level academic proficiency on any state board of education recognized achievement test, portfolio, or other mechanism as provided for in state board of education rules. Additionally, a student shall be eligible if he achieves a minimum composite, core or survey test score with the average or higher than average range as established by the test service utilized on any nationally-normed test. Demonstrated proficiency shall be used to determine eligibility for the current and next following school years. School districts shall provide to nonpublic students who wish to participate in dual enrollment activities the opportunity to take state tests or other standardized tests given to all regularly enrolled public school students.

5)         A public school student who has been unable to maintain academic eligibility is ineligible to participate in nonacademic public school activities as a nonpublic school or public charter school student for the duration of the school year in which the student becomes academically ineligible and for the following academic year.

(snip)

9)         A nonpublic student is any student who receives educational instruction outside a public school classroom and such instruction can include, but is not limited to, a private school or a home school.

From: http://www.sde.state.id.us/instruct/docs/homeschool/idahostatutes.htm

Illinois:

(105 ILCS 5/10‑20.24) (from Ch. 122, par. 10‑20.24)
Sec. 10‑20.24. Part‑time Attendance. To accept in part‑time attendance in the regular education program of the district pupils enrolled in nonpublic schools if there is sufficient space in the public school desired to be attended. Request for attendance in the following school year must be submitted by the nonpublic school principal to the public school before May 1. Request may be made only to those public schools located in the district where the child attending the nonpublic school resides.
To accept, pursuant to the provisions of Section 14‑6.01, in part‑time attendance resident pupils of the types described in Sections 14‑1.02 through 14‑1.07 who are enrolled in nonpublic schools.
(Source: P.A. 80‑1509.)
Check the H.O.U.S.E. (Home Oriented Unique School Experience ) page on the subject. of extra curricular activities. Here's a snip:

IHSA (Illinois High School Association) 2003-2004 rules state that a homeschooled student may participate if the student is "enrolled at the member high school, ...taking a minimum of 20 credit hours of work at the member school or in a program approved by the member school, and the student must be granted credit for the work taken either at the member school or in a program it approved." (quoted from "Illustrations for Section 30.10 of the By-Laws"; also see "Illustrations for Section 4.010 of the By-laws")

Iowa:

Maine:

From the State of Maine's website:
H.P. 1327 - L.D. 1818

An Act to Require that Public Schools Permit Participation in Curricular, Cocurricular and Extracurricular Activities for Students Enrolled in Approved Equivalent Instruction Programs

Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all the members elected to each House have determined it necessary to enact this measure.

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA c. 211, sub-c. I-A is enacted to read: (snip)

This law encompasses an entire list of interactions with the local school system AND provides for an appeal process to the local school board.--K.

Massachussettes: MIAA will permit home educated student to participate with conditions see Massachusetts Home Learning Assoc. page of MIAA regulations.

Maryland: http://www.capitalonline.com/cgi-bin/read/2005/07_24-61/HIG

Dated 7/27/05:

The state's board of education last week adopted a new set of standards of competition designed to guide all Maryland Public Secondary Schools Athletic Association (MPSSAA) member schools when they're competing against out-of-state schools, as well as non-member schools within the state.

Among the standards that must be met by non-member schools are that athletes are registered and attending the school or are home instructed pursuant to the requirements of member schools; that athletes remain affiliated with the school for the duration of the school year; and that an administrator can document that a student has written permission from a parent or guardian to participate, that he or she has been examined by a licensed physician, that a student meets academic eligibility standards or is registered in a bona fide home school program; and so on.

In order for non-member schools to be approved for competition against MPSSAA members, they must be members of a state interscholastic athletic association recognized by the National Federation of State High School Associations; or the schools must be members of an athletic conference that adopts the same standards of competition and individual high schools that are in compliance with the MPSSA standards. (snip)

Minnesota

New Hampshire

North Dakota

Oregon also requires public schools to allow homeschoolers to participate in interscholastic activities.

Pennsylvania:

It is up to the School District to set its own policy on extra-curricular participation. Over 50% of the SDs allow equal access. Legislation as passed in their Senate in July of 05.

Utah: February 2008 SB37 is currently being heard.

Vermont

Washington

Other articles and websites with information on 'equal access':

NHEN Foums for current information on this topic from around the nation. Specifically:

http://www.nhen.org/forum/topic.asp?TOPIC_ID=158&SearchTerms=sports

http://www.nhen.org/forum/topic.asp?TOPIC_ID=434&SearchTerms=sports

HSLDA (Home School Legal Defense Association):

Their rundown of the states that allow equal access: http://www.hslda.org/docs/nche/000000/00000048.asp with links to the appropriate statutes, regulations or court decisions.

And this article titled: Equal Access: "Participation of Homeschooled Student in Public School Activities" which discusses the issue in detail.