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Virginia parents fight to let homeschooled son play high school sports

Virginia parents fight to let homeschooled son play high school sports
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RICHMOND, Va. — A Roanoke family filed a federal lawsuit Monday against the Virginia High School League and the local school system, challenging a rule that prevents homeschooled students from participating in high school sports.

Over 66,000 children in Virginia are homeschooled. Since 1990, the VHSL has enforced a rule stating only "bona fide" students can participate in high school sports, a definition that excludes homeschooled students.

The lawsuit centers on 9th-grader Samuel Palmer, who wants to compete in high school track.

Palmer has been homeschooled since birth for religious reasons.

While he was allowed to compete in some middle school events, the VHSL rule prevents him from participating at the high school level.

"I want to try to get better. And I just want to try to keep running in meets," Samuel Palmer said.

"We want our son to have the same opportunities as other students to participate in the sport he loves," Samuel's father Daniel Palmer said. "Throughout the years, our kids take real classes with real assignments and exams, and they earn their grades just like any other student in any other school."

The Family Foundation's legal arm announced the lawsuit Monday.

The group argues the rule violates the both U.S. and Virginia Constitutions.

They chose to file a lawsuit after efforts to change the rule through legislation failed.

"There's no reason that that these students don't have the same eligibility," Family Foundation president Victoria Cobb said.

"The Palmer's religious exercise is burdened because, despite the fact that they were led by their faith to educate their children at home, they are denied the ability for Samuel to compete in interscholastic sports to which he would otherwise be entitled," Josh Hetzler, with the Founding Freedoms Law Center, said.

The lawsuit argues the rule denies homeschooled children the chance to earn college scholarships.

The family is not asking for a guaranteed spot on the team, but the right to try out.

The law firm also filed a request for an injunction to allow Samuel Palmer to run.

A VHSL spokesperson said the organization had not seen the lawsuit but is aware of the challenge.

"Our membership has chosen to limit participation in VHSL-sponsored activities to students who attend VHSL’s member schools, and we are prepared to defend that policy in court if necessary," the spokesperson said.

A spokesperson for Roanoke County Public Schools, the other defendant in the case, said the district does not comment on pending litigation.

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