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Going on the Offense: HSLDA Sues Florida Athletic Association
Homeschool Legal Defense Administration (HSLDA) ^ | January 19, 2010 | HSLDA

Posted on 01/19/2010 2:48:11 PM PST by Sopater

On January 13, 2009, HSLDA filed a lawsuit against Florida High School Athletic Association because of its unjustified refusal to allow a homeschool student to play sports for a private school.

In 1997, the Florida legislature passed the Craig Dickinson Act. This provision, which allows homeschoolers to participate in the sports programs of public schools and accommodating private schools, is most known for assisting to launch the career of well-known University of Florida quarterback Tim Tebow. In addition to Tebow, many homeschoolers across the state have benefited from this statute. Last fall, however, one member family ran into difficulty when the Florida High School Athletic Association (FHSAA) prevented their son from playing on the rationale that he had been recruited to play for his local private school. Yet in the same meeting, the board approved the eligibility of other students in identical circumstances who were not homeschooled.

For the past several years, Caleb Brown (name changed to protect privacy), a homeschooled student, has played soccer with a local private school. He has also played on a summer club team. When the private school he had been participating with discontinued their soccer program, he moved to a second local private school. However, because the director of the summer program is also the coach at the second school, Caleb, along with three other players who had participated in the summer club, needed to obtain a waiver from the FHSAA to be considered eligible. Two of the other students enrolled full-time in the private school, while Caleb and one other student remained being homeschooled, only wanting to participate in the soccer program.

The FHSAA executive director denied the waiver for the four boys to play on the soccer team, and the private school appealed the decision to the FHSAA Sectional Appeals Committee. On appeal, the committee approved the waivers for Caleb and the other homeschooled student, as well as for one of the students who enrolled in the private school. Not happy with being overruled, the executive director appealed this decision to the FHSAA board of directors, who heard all four cases last November.

At that meeting, the FHSAA approved waivers for the two students who enrolled in private school, but denied the waivers for the two who remained homeschooled. The circumstances and evidence for recruiting is identical in all four cases, and the only distinguishing feature between the students who obtained waivers and those who did not is homeschooling. During the hearing, at least one member of the board admitted that homeschooling was the distinguishing feature.

The Brown family contacted HSLDA about their denial, and we attempted to discuss the situation with the FHSAA. However, the FHSAA refused to reconsider or alter its decision. HSLDA filed our complaint on Caleb’s behalf on January 13, 2010.


TOPICS: Culture/Society; News/Current Events; US: Florida
KEYWORDS: athletics; homeschool; publicschool

1 posted on 01/19/2010 2:48:12 PM PST by Sopater
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To: Sopater

The NEAZIs are at it again, eh?


2 posted on 01/19/2010 2:57:25 PM PST by Seruzawa (If you agree with the French raise your hand - If you are French raise both hands.)
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To: Sopater

I know we have a lot of home shoolers, so here goes. What is the basis for a homeschooled child to participate in any student activities at a public or private school? Shouldn’t they be registered as a student at that school and attend classes?


3 posted on 01/19/2010 3:01:24 PM PST by votemout
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To: votemout

They are paying property taxes. They should be able to access the schools to whatever extent they wish.


4 posted on 01/19/2010 3:06:38 PM PST by Politicalmom (Charity is no part of the legislative duty of the government. -- James Madison)
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To: votemout

I found this article, from 2008.

“According to The Homeschooling Book of Answers by Linda Dobson, 24 states allow homeschoolers to participate in interscholastic sports (one school competing against another school). Those states that accommodate homeschoolers include: Alaska, Arizona, California, Colorado, Florida, Georgia, Idaho, Illinois, Iowa, Louisiana, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Washington state, and Wyoming. Vermont allows homeschoolers to participate in individual sports, like golf and tennis, but not in team sports.”

The article goes on to advise folks to play on homeschool leagues, and the comments section talks about how these laws are interpreted loosely by local districts. IN the end, it’s the district who decides. So, politics as usual.

It is helpful, when one is requesting their child be allowed to partake of the buffet that is local education, to remember..homeschoolers pay the same taxes as public schoolers...pure profit for the local districts.


5 posted on 01/19/2010 3:11:25 PM PST by blu (Graffiti the world, I've seen the writing on the wall...)
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To: votemout
What is the basis for a homeschooled child to participate in any student activities at a public or private school? Shouldn’t they be registered as a student at that school and attend classes?

Should they pay taxes to public schools if they're not registered and attend classes?

The private schools should be able to do as they please, however the public schools are owned by the poeple.
6 posted on 01/19/2010 3:15:38 PM PST by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: votemout

Private schools should get to make their own rules.

Public schools... well, we pay for ‘em, after all, so why not? Personally my kids will be kept far far away from anything to do with government schools including sports teams but other people make different choices. Often a school team is the only local team available to a kid so that makes it really hard to argue they shouldn’t be allowed to play. If the school team is the de facto community team, what’s a homeschooled kid to do?


7 posted on 01/19/2010 3:22:30 PM PST by JenB
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To: Politicalmom

My parents pay property taxes and they aren’t allowd to play football at OHS or use the shcool library or nurse etc.


8 posted on 01/19/2010 3:31:20 PM PST by votemout
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To: blu

If the state passes a law to allow it, then so be it. Thanx for the info.


9 posted on 01/19/2010 3:32:09 PM PST by votemout
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To: JenB

There are plenty of rules which restrict tax payers from participating in school activiies.


10 posted on 01/19/2010 3:33:35 PM PST by votemout
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To: Sopater

There are well defined laws and rules determining what public schools children attend and who can participate in the school activities. It looks like home schoolers want to have it both ways. They want to remove their kid from the school but have the freedom to use the school resources and activities intended for student of the school.


11 posted on 01/19/2010 3:35:54 PM PST by votemout
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To: votemout

No. They pay for the goverment schooling through their taxes even if they do not attend the government schools itself. If they are a resident,meet all other qualifications they get to play period.


12 posted on 01/19/2010 3:45:42 PM PST by SECURE AMERICA
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To: votemout

The students who go to those schools PAY to go there and to use the facilities. Your parents are free to take classes if they want, I suppose.

K-12 is a guaranteed free education, which includes all activities.


13 posted on 01/19/2010 3:49:07 PM PST by Politicalmom (Charity is no part of the legislative duty of the government. -- James Madison)
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To: SECURE AMERICA

So if a kid goes to private school that doesn’t have sports he can play on the local public school sports teams because his parents pay taxes. I think I debunked the “they pay taxes argument” a few posts ago.


14 posted on 01/19/2010 3:49:17 PM PST by votemout
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To: Politicalmom

My parents are not free to take the classes or use the facilities or play on the sports teams. That’s the point. Try it yourself.


15 posted on 01/19/2010 3:51:03 PM PST by votemout
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To: votemout

How about the fact that Florida law specifically grants them the right to play?


16 posted on 01/19/2010 3:53:13 PM PST by Mr. Lucky
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To: votemout

I’m families with the competitive nature of high school sports, particularly at the higher level. The school board probably has a say because the private school plays public schools. If the private school doesn’t obey their rules, they can’t play.

Public school students rarely have a choice of what school they can attend. And if a student moves, particularly an athlete then school board look very closely at the situation. On of their inspectors came to my parents house after we moved because by younger was a starter for a larger 5A school.

So it’s a serious issue cause schools will do anything to get star athletes and there is cheating involved everywhere.

BTW: we did move so my brother could go to that other school. Lied our a** off to the inspector. He later got a football scholarship, me academic. :)


17 posted on 01/19/2010 3:53:17 PM PST by Raymann
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To: votemout

Your parents are just as free as anyone else to apply to the school, and to pay the fees and attend if accepted.


18 posted on 01/19/2010 3:53:33 PM PST by Politicalmom (Charity is no part of the legislative duty of the government. -- James Madison)
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To: Mr. Lucky

how about my previous comment


19 posted on 01/19/2010 3:54:10 PM PST by votemout
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To: Politicalmom
You missed the point. I'll say it for the third time and I'm done. They WON'T be accepted.

If you don't believe me try it yourself and make sure you take your property tax receipt with you. I look forward to your thread when you report your findings.

20 posted on 01/19/2010 3:56:02 PM PST by votemout
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To: Raymann

Your first paragraph is based upon a misreading of my example. I said the private school doesn’t have a team.


21 posted on 01/19/2010 3:57:59 PM PST by votemout
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To: votemout
There are well defined laws and rules determining what public schools children attend and who can participate in the school activities. It looks like home schoolers want to have it both ways. They want to remove their kid from the school but have the freedom to use the school resources and activities intended for student of the school.

Unless you know of a state where there are no school taxes, everyone pays to go to school. Some people even pay twice, for public AND private/homeschool. Kids who don't attend the school should not be barred from participating in extracurricular activities. I mean, how else will they be "socialized" to society's expectations?

22 posted on 01/19/2010 4:00:06 PM PST by blu (Graffiti the world, I've seen the writing on the wall...)
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To: votemout

...and which one was that?


23 posted on 01/19/2010 4:00:18 PM PST by Mr. Lucky
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To: votemout
They want to remove their kid from the school but have the freedom to use the school resources and activities intended for student of the school.

it looks more like government school is having it both ways... receiving money from people who have no children attending government school...

24 posted on 01/19/2010 4:03:55 PM PST by latina4dubya ( self-proclaimed tequila snob)
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To: votemout

Votemout, honey, how old are your parents? I think most public school restrict the participation to kids aged 5-16 or 18. That may be part of the problem. ‘Sides that, doncha think your mom would look kinda silly playing the cello in orchestra with a bunch of 6th graders? ;)


25 posted on 01/19/2010 4:04:58 PM PST by blu (Graffiti the world, I've seen the writing on the wall...)
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To: votemout
It looks like home schoolers want to have it both ways.

Yeah, I guess you're right. Around here we call it freedom.

All we want is for the laws that secure that freedom to be followed.
26 posted on 01/19/2010 4:06:45 PM PST by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: Politicalmom
"They are paying property taxes. They should be able to access the schools to whatever extent they wish.

Perfect answer to a snotty statement...As well as some of his's/her's later responses...

Makes me wonder about votemout's agenda here....

27 posted on 01/19/2010 4:13:49 PM PST by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: votemout
My parents are not free to take the classes or use the facilities or play on the sports teams.

Why not? Assuming they have not graduated from high school they are eligible to take classes and play on the sports teams. There is no age limit.

28 posted on 01/19/2010 4:17:16 PM PST by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: blu

should consider that when you ecide to pull your children out of school.


29 posted on 01/19/2010 4:18:23 PM PST by votemout
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To: Straight Vermonter

according to the logic on the thread, they are entitled. They pay taxes.


30 posted on 01/19/2010 4:19:41 PM PST by votemout
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To: Mr. Lucky

not so many that you can’t scan back. It’s still there.


31 posted on 01/19/2010 4:20:14 PM PST by votemout
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To: votemout

You’re nuts. I am absolutely certain that if I went over to the local community college and applied, I would be accepted, would pay my fees, and would have the same priveleges as any other STUDENT.

You don’t seem to understand the difference between mandatory elementary education and voluntary secondary education.

And I certainly wouldn’t go in waving my property tax forms and bellowing that I should get something everyone else pays fees for.


32 posted on 01/19/2010 4:21:17 PM PST by Politicalmom (Charity is no part of the legislative duty of the government. -- James Madison)
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To: latina4dubya

We pay taxes for a lot of things we don’t personally get to use. Don’t blame me. I’m for vouchers.


33 posted on 01/19/2010 4:21:17 PM PST by votemout
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To: blu

, but, honey, she pays taxes.


34 posted on 01/19/2010 4:21:50 PM PST by votemout
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To: Sopater

The freedo0m is in the decision to send your kid and not send your kid. There is no freedom to use the resources of a school you don’t attend. That’s why some of the states had to pass laws to allow it.


35 posted on 01/19/2010 4:23:46 PM PST by votemout
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To: votemout

I didn’t realize that you were suggesting that your parents be allowed to run around loose on a high school campus. That’s totally ridiculous.

As a parent, I certainly don’t want some strange adults on my child’s campus.


36 posted on 01/19/2010 4:24:31 PM PST by Politicalmom (Charity is no part of the legislative duty of the government. -- James Madison)
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To: SuperLuminal

Makes me wonder what people do when they can’t engage in the dicsussion. Ask vague non-specific accusatory questions about the other guy’s motives. I wonder what your agenda is?


37 posted on 01/19/2010 4:25:12 PM PST by votemout
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To: votemout

No, I was just adding on to it.

If private school student wishes to plays sports for a public school that has his sport, then he’ll play in whatever school district the board assigns him to (probably the one he’s in).

BTW: i don’t know a lick about soccer but if they have it for AAU then he should go for that.


38 posted on 01/19/2010 4:26:16 PM PST by Raymann
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To: Politicalmom

My parents are not strange. The example was used to counter those who earlier said that if you pay taxes you are entitled to use the school’s resources and engage in school activities. I have explained this to you four times. If you have a new point make it.


39 posted on 01/19/2010 4:26:51 PM PST by votemout
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To: Politicalmom

Just saw your name calling. Goodbye.


40 posted on 01/19/2010 4:27:40 PM PST by votemout
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To: votemout

No, thank you. Play this game with someone else.


41 posted on 01/19/2010 4:29:31 PM PST by Mr. Lucky
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To: Mr. Lucky

Game? If you don’t read the thread with just a few comments and then comment based on not reading. And then get called on it. That’s not a game. That’s correcting your false comment and having you do the leg work. If it were a game you would lose by forfeit.


42 posted on 01/19/2010 4:33:42 PM PST by votemout
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To: votemout

After being called nuts, being accused of nefarious comments and playing games by people who can’t logically reply, I’m off to other threads to find people who came here to have a discussion of the issues. Just after I go to the local school and ask them if I can read in their library.


43 posted on 01/19/2010 4:35:33 PM PST by votemout
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To: votemout
" I wonder what your agenda is? "

Troll patrol...

However, I didn't throw an exception for you...just a confused citizen alert...After all, just because you pay your local taxes and cannot get your rightful access to particular government school facilities or programs there is no need to insist that other local tax payers should have to suffer the same fate.

If you believe in the former Constitution, you would stand up for all who have their wealth confiscated yet cannot obtain the results of the government's use of that confiscation.

If you are to be free...all of us must be free...

44 posted on 01/19/2010 7:58:52 PM PST by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: votemout; metmom
There is no freedom to use the resources of a school you don’t attend.

I'm not free to use the resources of a school that I pay for through my taxes? I'm glad that those decisions are left up to the people of the state to decide instead of clowns like you.

That’s why some of the states had to pass laws to allow it.

Actually, those states had pass laws to prevent idiots like you from restricting the freedom to use the resources for which we pay taxes.
45 posted on 01/20/2010 5:05:12 AM PST by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: latina4dubya

Nice comeback!


46 posted on 01/20/2010 5:04:28 PM PST by christianhomeschoolmommaof3
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To: blu

Speaking of paying twice, I did my taxes today. I couldn’t get the education credit for spending my own money on teacher supplies because it doesn’t apply to homeschool. Then I had to pay a user fee on my state taxes for all the things I have bought out of state. That included about $1500 worth of homeschool curriculum. Nice! :(


47 posted on 01/20/2010 5:10:28 PM PST by christianhomeschoolmommaof3
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