Founding Freedoms Law Center files lawsuit against Roanoke County Schools and Virginia High School League on behalf of a homeschooled student.

by Victoria Manning

More than 30 states permit homeschooled students to participate in public school sports funded by taxpayers—but not Virginia. The Virginia High School League (VHSL) controls eligibility rules for the state’s public high school sports. Now, the Founding Freedoms Law Center (FFLC) is suing both the VHSL and member school district Roanoke County, alleging the prohibition of sports participation simply because of homeschooling is discrimination based on the plaintiff’s religious beliefs.

The plaintiffs elect homeschooling for religious reasons. Their faith doesn’t require their son to be shielded from public activities such as athletics, but they believe public school teachings could expose their son to educational philosophies contrary to their faith.

The lawsuit, brought by the family of a 9th grade homeschooled student, alleges irreparable harm because he was denied opportunities to compete at a high level of running granted to other students in his community. College coaches utilize data from Milestat, a system that tracks the performance of track and field athletes as a recruiting tool. The plaintiff claims the only events available to log his running times are through the Milestat system used by the VHSL.

Additionally, the plaintiff is prohibited from using high-quality, taxpayer-funded facilities to train that other students can access.

The lawsuit argues that the homeschooled student is at a disadvantage due to discriminatory practices that prohibit his ability to participate in VHSL sanctioned events or utilize the same facilities as other students in his same community.

VHSL’s exclusionary rules

VHSL rules state that “to be eligible to compete in the public school athletics environment, the participant must be a student enrolled in the school for which he represents.” Yet the VHSL makes multiple exclusions to this rule, but not for homeschooled students.

In 2015, Liberty Christian Academy, filed an antitrust lawsuit over the VHSL’s prohibition of the private school’s membership. They settled out of court and the VHSL changed its rules permitting private schools to join the league.

The FFLC lawsuit points out that students enrolled in 100 percent online homeschooling through a state program are eligible to participate in VHSL sports.

Yet another exception benefits students who attend the “Governor’s School,” permitting them to participate in their zoned public school athletic teams despite their lack of enrollment at the zoned school.

The VHSL also allows “member schools to compete in interstate athletic competitions against teams from other states whose athletic associations allow home schooled students to compete on those teams.”

Homeschooled students are subject to state education requirements and oversight. Under Virginia’s “Notice of Intent” statute for homeschoolers, parents are required to meet certain qualifications and to report curriculum and progress to the superintendent of their local school division. Thus, homeschoolers are subject to oversight by the public school system—a provision not required of private school students.

Allegations of religious discrimination

The FFLC suit alleges three legal violations.

The first claim is a breach of the Fourteenth Amendment: “No State shall . . . deny to any person within its jurisdiction the equal protection of the law.” The case City of Cleburne v. Cleburne Living Center, Inc. (1985) established that “all persons similarly situated should be treated alike.”

The lawsuit claims the plaintiff student “is similarly situated to the 9th grade students who attend Roanoke County public schools. He resides within Roanoke County and has maintained exceptional academic performance [a requirement under VHSL rules].”

The second count is a violation of the Virginia Constitution’s free exercise of religion provision. Plaintiffs claim the ability to “participate in a public benefit (i.e. opportunity to compete in interscholastic high school sports) is diminished, and in fact denied by Defendants’ exclusionary policy, because of their religious convictions to choose education at home over education in a public or private school.”

According to the court filing, the defendants’ failure to accommodate the plaintiffs’ religious beliefs is a violation of the Virginia Constitution Article I, Section 16.

Count three alleges a violation of the Virginia Act for Religious Freedom. Specifically, the defendants’ exclusionary policy “substantially burdens, inhibits, and curtails Plaintiffs’ religiously motivated practices by denying S.P. [the minor plaintiff] the opportunity to participate in competitive interscholastic sports with his high school peers, simply because his parents educate him at home based on their religious convictions.”

The lawsuit asks the court to grant relief by prohibiting the defendants from enforcing VHSL’s exclusionary policy against the plaintiff.

This case highlights the discrimination faced by families who choose to homeschool for religious reasons. The VHSL readily carves out exemptions for private school students, online programs, and Governor’s School participants. Yet the VHSL draws a firm line against religious families like the plaintiff even though they are subject to state oversight. The court’s decision could reshape the landscape for tens of thousands of homeschooled Virginia students.

Victoria Manning is a Senior Investigative Researcher for Restoration News specializing in education freedom, immigration, and military issues. This column has been republished with permission from Restoration News.