Will Boyd's comments
to the Senate Education Committee of 4/9/05
104th General Assembly, SB1356 Extra-curricular activities
Copyright © Will Boyd. Used with permission.

 Will provided a copy of the talking points he testified from. I hope to be able to transcribe his exact comments yet the weekend of 4/9/05. In the meantime this will have to do.

SB1356/HB1297 - Extra-curricular Activities Bill
Written by THEA Student Representative Will Boyd
 

"Parents have a natural and inalienable right to educate their children, publicly and privately, as they see fit, and that right should be recognized and encouraged."
 

                         - Ronald Reagan
 

 
       Today, this view of the former President of the United States has been accepted by all 50 states, allowing parents to legally exercise the right to choose their child's education.  As a result, an increasing number of parents are choosing home education.  Nationally, homeschooled students have proven to be exceptional on the academic scene.  However, extra-curricular activities, such as athletics, music, art and drama, which many parents desire to pursue as additional education for their children, are often unavailable to these students. 

       Most extracurricular activities require a coach's expertise and an organized group of individuals with which to participate.  In many areas, these conditions exist solely at public schools, where a large enrollment of tax-funded students makes it possible to provide expensive group activities.  Tennessee state law itself does not prohibit homeschool students from being involved in public school extra-curricular activities; neither does it mandate equal access to activities for these students.

       Organizations acting on behalf of the State prohibit homeschool children from participating in extra-curricular activities.  For example, organizations such as the Tennessee Secondary School Athletic Association (TSSAA), the Tennessee Academic Coaches Association (TACA), and others specify in their by-laws that member schools will be punished if they allow non-enrolled students to participate.  While the TSSAA, TACA, and other organizations may claim to be privately managed, and thus exempt from government regulation, in 2001, the U.S. Supreme Court, in Brentwood Academy v. Tennessee Secondary School Athletic Association, found the TSSAA to be acting on behalf of the State, and as a result, subject to Constitutional standards.       

       Prohibiting homeschool students from participating in public school extra-curricular activities is unconstitutional.  Article 11, Section 12 of the Tennessee Constitution states that "the state of Tennessee recognizes the inherent value of education and encourages its support."  Prohibiting children whose parents have exercised their right to home educate from participation in publicly funded extra-curricular activities directly contradicts the state's role of supporting education.  In addition, Tennessee citizens are required to pay taxes that are used to fund the public school system - these taxes entitle homeschool students to equal access to the same extra-curricular opportunities as public school students.         

The precedent for SB1356/HB1297 has been set by eighteen other states - and five more, including Tennessee, are considering equal access legislation this year.  The precedent in these states has demonstrated that cooperation among homeschool students, public school students, coaches, teachers, and extra-curricular organizations is certainly achievable.  Passage of SB1356/HB1297 will continue this successful tradition in Tennessee by breaking down the barriers to homeschool participation in extra-curricular activities.         

Please support the passage of SB1356/HB1297 to reverse discrimination in our state public school system, by mandating equal access to public school extra-curricular activities for homeschooled students across the state of Tennessee.  

Thank you.