This paper examines the complex and contested issue of whether home-schooled students in the United States should be granted equal access to public school sports programs. Drawing on state statutes, federal education policy, and case examples, the paper surveys the scope of home schooling nationally, reviews common regulatory frameworks governing curriculum and teacher certification, and analyzes the eligibility, attendance, behavioral, and liability challenges that arise when home-educated students seek to participate in interscholastic athletics. Arguments both for and against equal participation are evaluated, including constitutional Equal Protection claims and tax-based entitlement arguments. The paper also examines functioning program models, notably in Florida and Pennsylvania, and concludes with recommendations centered on the well-being of all students.
Home education has been expanding in the United States for the last several decades, according to the Home School Legal Defense Association (HSLDA, 2004). With this expansion has come a variety of complex issues regarding the rights of home-educated students. In previous years, questions over the legality of home education and the socialization of home-schooled students were the focus of many debates, but in more recent times the questions have grown much broader, focusing on the rights and freedoms of these students (HSLDA, 2004). One such complex issue is that of equal access to public school sports programs. Many high school athletic associations believe that home-schooled students and their parents have made a conscious choice to segregate themselves from public education, and thus should not be allowed to participate in the extracurricular activities of that educational system. On the other hand, parents of home-schooled students believe they are tax-paying citizens who deserve equal opportunity for their children, regardless of their choice of regular education (HSLDA, 2004). This split of opinion occurs at all levels, including within local school boards, state education associations, and even within the federal court system.
This paper discusses home schooling in terms of common regulations regarding curriculum, teaching certification, and grading, and examines how those regulations can affect the outcome of equal sports participation decisions. It also discusses some of the problems associated with these regulations in terms of allowing home-schooled students to participate in public school sports programs, and presents common opinions on both sides of the issue. The paper analyzes existing school systems that allow home-educated students to participate and explores how those programs manage complex issues such as eligibility and liability. Finally, it discusses strategies developed to allow home-schooled student participation and the effectiveness of those strategies.
Before discussing home schooling in terms of the right to equal participation, it is important to understand the scope of the issue. According to the United States Department of Education (2003), approximately 1,100,000 children between the ages of five and eighteen are home schooled each year. Given that the estimate in 1999 was only 850,000 children (USDE, 2003), it is clear that home schooling is on the rise. Over 75 percent of the home-educated are white, with an equal distribution between male and female students. Home-schooled children are often from families with three or more children, where both parents live within the same home and only one parent is in the workforce. However, contrary to popular belief, home-schooled students are not concentrated in any primary income range; they come from all socioeconomic conditions (Princiotta, 2003).
It is also important to understand why many parents choose home education over public schooling, since through this understanding one can begin to see why some parents still wish for their children to participate in public school sports events. According to a study by Lines (2000), most parents choose home schooling as a means of integrating religious and moral beliefs into education, or out of dissatisfaction with the public school system. Parents who cite religious beliefs often point to the perceived unsafe atmosphere of today's schools, wishing to shield their children from drug use, negative influences, and other destructive behavior common among young people. Those who choose home education based on dissatisfaction most often cite a lack of trust in the level of education received in public schools and evidence of lower test scores for public school students. Other reasons include convenience for large or rural families, economic considerations, safety concerns in larger urban areas, and objections to specific curriculum content — such as the teaching of evolution — that may conflict with religious beliefs (Lines (2000).
After reviewing these reasons for home education, it is not difficult to understand why these parents would still like the ability to enroll their children in public school sports activities. Sports activities and the lessons learned through participation rarely conflict with moral or religious beliefs; indeed, lessons in teamwork and assisting others can actually reaffirm such beliefs. For those who distrust the academic side of public education, enrolling children in sporting activities does not negate that perception. In short, public school sports rarely conflict with the principles that led to the choice of home education.
However, while the parents and children involved in home education may wish to expand their school day to include sporting activities, currently only 14 states require equal participation rights for home-schooled students. Even within those states — Arizona, Colorado, Florida, Idaho, Iowa, Maine, Michigan, Minnesota, New Hampshire, North Dakota, Oregon, Utah, Vermont, and Washington — the laws and requirements for equal participation vary greatly, both between counties within each state and between states themselves (HSLDA, 2004). In some states, such as Florida, home-school students are allowed equal access to a school's interscholastic, curricular, and extracurricular activities (Florida Statutes, 232.425, 2003). However, in states such as Idaho, students wishing to participate must dual-enroll in the public school system to gain access (Illinois Compiled Statutes, 105 ILCS 5/10-20.24, 2003). Because there is no federal law or guideline on this topic, governments are left to determine for themselves whether such participation will be allowed, and if so, how the many obstacles involved will be overcome.
One area of significant complexity involves eligibility requirements for sports participation. In most public schools, students wishing to participate in sporting activities must maintain a specific grade point average, have an adequate attendance record, and adhere to all school district requirements for behavior. The concern for home-educated students is how these requirements would be enforced, since those students are not under the supervision of the school system.
An example of eligibility concerns can be seen by examining the statutes regarding sport participation in Florida. According to the Craig Dickinson Act, or Florida Statute 232.425, the Legislature of the State of Florida "recognizes the importance of interscholastic extracurricular student activities as a complement to the academic curriculum." As such, the Legislature has outlined a number of requirements for participation in these activities, defined as any school-related or school-authorized activity occurring within or outside the school day (Florida Statutes 232.425, 2003).
First, students are required to maintain a grade point average of 2.0 or above on a 4.0 scale in those courses specifically required by Florida law (Florida Statutes, 232.425, 2003). These courses include English (with concentration in composition and literature), mathematics (which must include Algebra), sciences (which must include at least two laboratory requirements unless the school district can demonstrate inadequate resources), American history, world history, economics, and American Government (which must include a study of the U.S. Constitution and Florida law). Also required are courses in practical arts (exploratory career courses), fine arts (such as dance, choir, or speech), life management skills (including consumer education, positive development, relationship education, nutrition, health, and sexual responsibility), physical education, and elective courses such as psychology and sociology (Florida Statutes, 232.246(1), 1993).
Second, students are required to sign and fulfill the requirements of an academic performance contract between the student, the school district, the State of Florida, and the parents. This contract ensures that any student whose grade point average falls below 2.0 will attend summer school classes (Florida Statutes, 232.425, 2003). The school district may add to this minimum contract as it sees fit. Third, any student participating in sporting activities must maintain "satisfactory conduct," regulated based on school district policies, but including provisions against felony activities, sexual harassment, and discrimination (Florida Statutes, 232.425, 2003). Finally, students must fulfill all attendance requirements as decided by the local school board and Florida Statute 232.01 (Florida Statutes, 232.425, 2003). Statutes 232.01 and 232.02 require that all children ages six through sixteen participate in one of the following formats: a public school, a religious school, a private school, a home education program, or a private tutoring program (ESSS, 2002). All students are also required to miss no more than ten days per school year unless special permission is granted in cases of illness or other hardship (ESSS, 2002).
Florida Statute 232.425 continues by discussing the requirements for home-educated children to participate in those same activities. First, the student may only participate in the activities offered by the public school to which the student would be assigned. Second, the student must meet the requirements for a home education program, which include the same curriculum outlined in Florida Statutes 232.246(1) (Florida Statute 232.0201, 1993). During the period of participation, the student must show evidence of academic progress as determined by an evaluation, which may include a review of the student's work by a certified instructor, grades obtained through correspondence courses or community colleges, or standardized test scores (Florida Statute 232.0201, 1993). The student must also register with the school at the beginning of the term in which they wish to participate (Florida Statute 232.425, 2003).
These requirements are difficult enough to enforce, but with proper testing and evaluation by qualified instructors, the curriculum and grading of home-educated students appears to be manageable. In the State of Florida, the academic requirements for sport participation are thus equal for both public and home-educated students. Although there is certainly more room for fraud and improper grading for home-educated students, the required evaluations can alleviate much of this concern.
Another regulatory factor affecting equal participation is teacher and paraprofessional certification. With the passage of the No Child Left Behind Act (USDE, 2003), all paraprofessionals are required to have training beyond the previously required secondary school diploma. Under alterations to Title I, Part A, paraprofessionals must have completed two years of study at an institution of higher education, obtained an associate's degree, or be able to demonstrate knowledge and ability to assist in instruction through formal assessment. For teachers, new requirements include a basic teaching credential, full state certification and licensure, and assessments demonstrating full knowledge in all areas they are responsible for teaching. If these conditions are not met, the employing school is ineligible to receive funding under Title I and is subject to other penalties (USDE, 2003).
Home-school educators, however, are not generally required to obtain these same certifications or prove their knowledge in the subjects they instruct. Only a few states require any sort of certification. In North Dakota, for example, those choosing to instruct their children at home must possess either a teaching certificate or a baccalaureate degree, and must be monitored by a certified teacher during the first two years of home instruction. This monitoring continues if the child's test scores on required achievement tests fall below the 50th percentile. This type of requirement is rare, however; in more than 20 states, no certification or even qualification is required at all (HSLDA, 2004).
The problem with this inequality of standards is that many state athletic associations now require schools participating in sports programs to adhere to the new Title I regulations (HSLDA, 2004). In these cases, even school districts willing to allow home-educated athletes may be unable to do so. Association rules are often created to disallow under-educated or failing students access to extracurricular activities; if a school were to accept home-schooled athletes, it could be viewed as violating Title I standards and could risk losing its sports programs entirely.
"Attendance, behavior, liability, and teamwork concerns"
"Legal, tax, and constitutional arguments on both sides"
"Utah and Pennsylvania district program case studies"
The issue of whether home-schooled children should be allowed to participate in public school activities is a complex, heated one that requires all involved to consider the benefits as well as the possible difficulties. While some educational institutions may have the staff, funding, and resources necessary to accommodate these students, others may not. Parents who home educate their children should also meticulously investigate any district they plan to approach for eligibility, since even in districts where equal participation is accepted, the requirements may exceed what the parents or students are willing or able to provide.
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