Legal Question in Education Law in Pennsylvania
Violation of 1719-A (14)
My 14-yo son has attended private, homeschool, and cyberschool through the 8th grade. He is an above average very serious baseball player and has played spring and fall with our local district every year from age 4. His plan is nothing less than playing professional ball. Our local high school has told me flat out he may not play high school BB with them while in a charter school. Dept of Edu tells me 1719-A(14)states they cannot refuse to let him. This school also has a well-boasted ''virtual school''..so I tried to amicably come up with something suitable to both of us. They say we cannot use that option. Last year he thought he might like to try reg. public school and went there.. after 2 days he said there was no way he could sit that much every day... all day..I have reviewed the Megan Angstadt case.. i feel our situation has significant differences..if I fight this.. what will keep them from not putting him out to play..how is it they can refuse what is stated law? My hope was to compromise with them by working WITH them for my son's sake.i told them that.. they flatly refuse. I am not sure what to do or how to handle this..
1 Answer from Attorneys
Re: Violation of 1719-A (14)
Section 1719-A(14) of the School Code provides, in part, that "Notwithstanding any provision to the contrary, no school district of residence shall prohibit a student of a charter school from participating in any extracurricular activity of that school district of residence: Provided, That the student is able to fulfill all of the requirements of participation in such activity and the charter school does not provide the same extracurricular activity."
The question then is, does your son fulfill all of the requirements for participation set up by your school district (i.e., grades, etc.) and does the charter school also have a team?
The problem often is that a school is required to certify weekly that a child has grades which make them eligible to play. If your charter school can accomplish this, then there is no reason that the district could present which would prevent your son from playing.
Often, when dealing with a school district, you talk with an athletic director, coach, or principal who does not really speak for the district ultimately. A letter from an attorney to the school solicitor and superintendent should do the trick if your son meets the criteria set up in the law.
By the way, you didn't say what kind of education your son is enrolled in now...charter? cyber? homeschool?
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