The Virginia High School League is at the center of a federal lawsuit filed by a family who wants eligibility rules in the state changed to allow homeschooled students to compete on public school teams.
According to ABC 13 News, the VHSL does not allow homeschooled students to compete or play for public school teams, restricting the athletics options of roughly 66,000 homeschooled students in the state. To participate in high school athletics in Virginia, participants must be “bona fide” students of that school.
The lawsuit claims VHSL is violating equal protection and religious freedom laws, and the attorney representing the family, Josh Hetzler, pointed out that 31 other states already allow homeschoolers to compete in public school sports.
The homeschooler in this case wants to run track for a Roanoke County high school, and he was previously allowed to compete for the Southwest Virginia Academy.
“There’s so many inconsistencies that that just don’t make sense. The policy doesn’t make sense on its face. It’s strictly discriminating against my son because his parents teach him at home. And that’s not right,” said the parents of the homeschooler.
The case is likely to bring up the fact that homeschool families also pay taxes that support public schools, meaning public school athletics are a taxpayer-funded benefit that should not be denied based on religious beliefs.
“That'll certainly be an argument that the family will make in this case, but I don't think that's dispositive of it. I think that the judge will look at you know what the rules are and their discrimination in this case,” said Former U.S. attorney John Fishwick.
In a statement, the VHSL said, “The VHSL is aware of a press conference held this morning. We have not seen the lawsuit in question, but believe it concerns the League’s rules governing participation for homeschooled students. Our membership has chosen to limit participation in VHSL-sponsored activities to students who attend VHSL’s member schools, and we are prepared to defend that policy in court if necessary.”
