Equal Access Laws for Homeschoolers

by Valorie Delp | More from this Blogger

30 Jul 2006 05:58 AM

One heated issue in homeschooling is whether or not homeschoolers should be allowed equal access to public school's "extras". Should a home schooled student get to use the local school's computer lab, or library? Should they have the right to text books or AP classes if they choose to use them? Many schools and districts allow this sharing of materials with homeschoolers, even if there are no state laws that mandate them to do so. However, the debate heats up when people start talking about extra curricular activities. Should home schooled students be allowed to play sports on school teams or what about join the debate team or chess club?

Proponents of Equal Access Legislation point out that homeschooling families pay taxes to support public schools. Many families feel that their children miss out on opportunities, particularly in the area of athletics, because they don't have a chance to play. This would apply to students who are gifted athletes for example, that can't get "scouted" by a college because they're not playing.

I am likely in a minority as a homeschooling parent but I am not generally in favor of allowing home schooled students access to public school resources. Homeschooling, like private school, is a choice. Every schooling choice comes with pros and cons and I feel like homeschoolers need to find other ways to get what they need rather than turning to the public school. Using public school resources comes with strings attached that can affect the entire homeschooling community. There are enough resources out there now that homeschoolers can have access to necessary materials without going through the public school for them.

Something that many homeschooling families do not realize is that the decision to play on a sports team (or other interscholastic team) is not as much a school or district decision as it is a league decision. Every team that plays in a league has guidelines that it must adhere to, otherwise it can't play in the league. Some guidelines include eligibility for four years (so if there is a 5th year senior, he generally cannot play), certain GPA, etc. Athletic leagues keep these rules so that the competitions stay fair, and for the safety of all students involved.

Homeschooling families should also remember that if they were allowed to play on a public school team, they must meet eligibility requirements which would likely include additional testing or other means to determine grade level work. . .where it otherwise would not be required.

Only a handful of states require that public school grant access to homeschoolers to public school resources. Courts have thus far, ruled unfavorably towards homeschoolers stating generally, that denying access to public school resources, be it the library, an AP science class, or a sports team is not denying rights to the home schooling family. I've include the list of states with equal access laws below. In some cases, the Board of Education has merely made it easier for homeschooled students to gain access, like allowing dual enrollment.

Arizona Colorado Florida Idaho Illinois Iowa Maine Minnesota New Hampshire North Dakota Oregon Pennsylvania Utah Vermont Washington

The following states have athletic associations that have agreed to allow homeschoolers to play interscholastic sports. However, the individual school or district is not obligated by law to allow homeschoolers in interscholastic activities: Maryland, Massachusetts, Michigan, Nevada, Tennessee, Wyoming

Learn more about Valorie Delp

Hello everybody! My name is Valorie and I am one busy lady! When I'm not writing or editing for families, I am busy trying to get my brood of 5 in line.

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Bonnie Sayers (1298) 30 Jul 2006 11:21 AM

Here is a case in point - Maine Playground discrimination case. Kid on the autism spectrum is homeschooled and the parents want him to use an elementary school playground at recess and he has had isues with students at the school there.

I followed the suit for awhile, but not in agreement with parents and think it is not fair to the kid, who is older and most likely confused. There are plenty of parks he can play at.

http://neurodiversity.com/maine_playground_discrimination_case.html

Bonnie Sayers http://autismspectrumdisorders.bellaonline.com

Valorie Delp (49340) 30 Jul 2006 11:53 AM

Yep--I agree. I think parents have a variety of motives for suing school districts. However, I generally think it's just not necessary and does more harm to the homeschooling movement than it does good. There are some exceptions of course. . .like maybe in a rural situation where there really aren't other options.

rockman7 (5) 31 Mar 2009 07:08 AM

Luckily for the rest of the world, Florida wisely chose to allow access to publicly funded resources for homeschoolers. Without their foresight and desire to stop the discrimination against those who happen to choose home education for their children's academic advancement, the world might have not heard of Tim Tebow.

Valorie Delp (49340) 31 Mar 2009 07:17 AM

I disagree. . .Tim Tebow is awfully talented. I think it's great that he had the opportunity but I doubt that his talent would've gone to waste without the opportunity to play high school football. Another trend, at least in some areas, is that NOT having equal access laws for homeschoolers actually encourages more development in the area of parks and rec. I realize that it depends on your area, but with that said, not allowing homeschoolers and private schooled kids to play on public school sports ends up helping the community by offering more programs.