FFLC Files Lawsuit to Allow Home Schoolers to Play High School Sports

Yesterday, the Founding Freedoms Law Center (FFLC) filed a lawsuit in federal court to allow home schooled students in Virginia the chance to play sports for their local public high schools. After decades of fighting in the legislature to pass the “Tebow bill” to no avail, we had no choice but to seek recourse from the courts in what we see as a matter of Equal Protection of the laws and religious freedom.

Click HERE to watch our full press conference.

FFLC filed the lawsuit on behalf of Daniel and Stacie Palmer, and their son Samuel, against the Virginia High School League and the Roanoke County School Board, challenging the constitutionality of Virginia’s discriminatory rule prohibiting home school students from participating in high school athletics. The Palmers homeschool Samuel, a ninth grader, primarily for religious reasons. While Samuel has a passion for running, Virginia’s rules prohibit him from competing with his local high school’s track and cross-country teams.

Our message with this lawsuit is simple: Let the kids play sports. This is about basic fairness. It’s about equal protection under the law. It’s about letting all high school students have the chance to experience the many benefits of athletic competition, from discipline, to sportsmanship, to teamwork.

Already, today, both public and private school students can participate in VHSL-sanctioned sports. Even public school students who participate in 100% virtual education at home can play sports for their local high school. It’s only home schoolers who are excluded, and the state has no lawful basis for doing so.

According to Daniel Palmer, “Although we pay local taxes and Samuel is demonstrating clear academic progress in a legally recognized form of education, he is prohibited from competing in track and field, simply because we educate him at home. As Samuel’s parents, we just want our son to have the same opportunity as other students to participate in the sport he loves.”

“Running has become a passion for me. I love it,” said Samuel Palmer. “It has also become a key part of my life and health, both mentally and physically. I want the chance to keep running competitively with my peers, just as I did in Middle School. There doesn’t seem to be any good reason to keep me from participating just because my parents choose to educate me at home.”

If we are successful in this suit, it could potentially allow home schoolers across Virginia to play high school sports, and even set a precedent for other states to follow. Stay tuned for updates about this important case.