Frequently Asked Questions and Answers:

 

  • Understanding the real issue:

We offer the following Q&A topics but none of the answers make any difference, regardless of how true the facts may be, if the reader is biased against homeschoolers to begin with.  The reader must first ask themselves if they believe that all student-athletes of our state deserve an equal opportunity to participate in extracurricular activities.  That is the bottom line.   Let us keep in mind as a state that a student is a student – regardless of where they receive their education.  Each child is already a part of our society.  Turning out the best equipped individuals should be the goal of us all.  Some states, such as Florida, wisely offer an almost complete cafeteria-style approach for home-schoolers where the parents get to choose not only public school extracurricular activities but also academic subjects such as science, music, math, or other classes that their child needs.  As frightening as that prospect may seem for many entrenched public educators, the reality is that it works out very well.  Studies also prove that states which allow equal access, like Minnesota, who is ranked number one academically according to the ALEC study, are consistently ranked in the top academic performance states. 

Regardless, the system should not get in the way of what is best for the student.  School administrators and coaches are some of the hardest working and most conscientious people in our state.  They have constant demands on them from all sides whether it be teachers, other employees, the state education system, the Federal government, unions, parents, and last but not least the students.  They are to be commended for their diligence.  They need to realize though that equal access is not a problem waiting to happen to them but rather a wonderful opportunity to add a few great students and  parents to the team.  Not just the school sports team but the overall school team, the community team.  All the negative thoughts that come to mind for an administrator simply have not materialized in the 23 other states that permit equal access.  We encourage administrators not to be so caught up in the past or in the demands of the present that they forget what our schools are supposed to be about.

  • What about liability for non-students?

This issue was addressed completely by Mr. Craig Pouncey, Assistant State Superintendent for Administrative and Financial Services, who was present at the February 8th, 2006 House Education Committee Public Hearing.  He is on the Central Board of Control of the AHSAA.   He stated that that the school's policy covers students and non-students. 

There are reliable metrics which show that, nationwide, only 3%-5% of home-schooled students take advantage of equal access opportunities in states where it is allowed.  This is according to information from the Home School Legal Defense Association (HSLDA).   In Alabama this would mean possibly 750 to 1,250 students would participate statewide, which equates to about one student per school or 10 per district. Therefore, the impact would be miniscule. These questions, however, ignore the tremendous positive impact.  We need look no further than Florida’s Tim Tebow for an example of positive impact!

Interesting statistic from Brenda Dickinson, Florida Homeschool
spokes person who helped with the bill’s passage in Florida in 1996:
 
There are an estimated 51,000 homeschooled children in Florida.  In the 2004-2005 school year, 315 home education students participated in athletics.  That's less than 1%, in a state which has been welcoming homeschoolers to their schools for extracurricular activities and classes for ten years now.  

There is no reason to believe that Alabama would be any different from any other state which offers similar opportunities.

  • What is the cost? 

Most school teams will not add extra positions for a sport or band to accommodate homeschoolers so the cost is nil in this case.  Some schools may choose to add extra positions on a team or individual sport.  However, typically it is the booster clubs that raise the lion’s share of the athletic money spent.  It is likely that homeschool parents would be some of the most enthusiastic supporters of a booster club! 

The answer to the cost issue also depends on if the schools decide to count a partial student.  What is not pointed out by the opposition is that Alabama spends on average about $6,300 per student, per year.  The state’s 25,000 or more homeschoolers save the taxpayers approximately $157,500,000 each year in State and Federal funds by not requiring public school services!  Below is a fitting quote from a letter from a dedicated homeschool mom, Marcia Guyse, who holds a masters degree and is a certified teacher who taught for years in the Alabama and Texas school systems:

“If we as educators truly want what is best for the student, then we will include all students, including home-schooled students.  A new day is dawning for education.  In states like Minnesota, whose educational program is ranked number one in the nation, parents can choose the best path for the education of their children, whether it be public schools, private schools, charter schools, or home schools.  The state does not penalize them for this choice by excluding them from any services, but state funds actually follow the child to the school that is chosen.  Presently, those 25,000 home schoolers in the State of Alabama are saving the state a $6,300 per student expenditure.  Dr. Paul Hubbert is worried about the "cost" of passing this legislation.  Couldn't just a little of that money follow those students to a school's sports or music program?  It's time for educators [and teacher’s unions] to quit worrying about economic and political costs of education and start thinking of the cost of not offering the best educational opportunities to all students in Alabama."

In New Mexico, which passed equal access legislation just last year, their Governor pledged a small amount of money to extend opportunities to their home and charter schools.  He set aside two million which also included programs to help their identified 17 low-performing public schools. 

Any real issues relating to cost can easily be worked out just as they have been in all the other states that permit equal access.  Surely we in Alabama are as smart as legislators and educators in these 22 other states. 

  • How can we stop academically ineligible students from becoming homeschooled and then trying to get back on the team? 

    Research from other states has shown that the instances are non-existent of parents removing their child and claiming to home-school the child just so the child can get back on the team to play sports next year. If it were that big of a problem then other states would have already experienced it.

The Bill States:

"A student of a public school or private school who has been unable to maintain academic eligibility for participation in extracurricular activities is ineligible to participate in such activities as a student instructed by a private tutor until the student has successfully satisfied standards to regain eligibility that are equivalent to those standards imposed on other students at the same grade level."

Homeschoolers would have to play by the same academic eligibility rules as any other team member.  On the one-page Florida form, the parent must fill out the student’s relevant grades, sign, and notarize the form.  That is a legally binding attestation to the validity of the statements therein.  Just as when any other student is found to be ineligible for any reason, a home-schooled student can be removed from a team or sport.  

Is it technically possible for a parent to be dishonest in this respect?  Of course it is.  But how many parents would decide to make the tremendous sacrifice that might be necessary in order to homeschool the child just so they could lie in this manner.  It is naïve to believe that this could ever be a big problem.  Isn’t it also conceivable that if a well-meaning parent removed their child from public school and began to educate the child academically at home that the child’s grades could actually improve?  For those very rare instances where the child was not being schooled at all then the truancy laws of the state should be enforced.  That is not a homeschool issue.

Eligibility can indeed be a problem for schools for any student, whether public, private, or home-schooled and the AHSAA and the school systems do a good job, overall, of policing this issue currently for member schools.  We are confident that the tiny number of homeschooled athletes who would choose to participate could be incorporated into the rules with hardly any issues.   If other states can make it work (23 and growing) then why can’t we?

  • Are homeschoolers academically up-to-date?

Anyone who knows much at all about the academic performance of homeschoolers knows that they score higher on standard achievement tests than students educated in any other manner.  Homeschoolers’ average scores are consistently in about the 85th percentile.  So, this assertion is utterly preposterous.  While there are isolated cases of students not being schooled at all and claiming to homeschool, cases are very rare and are not a home-schooling problem but rather a problem with the truancy laws not being enforced by local authorities.  Local authorities have the obligation in such instances to investigate where it is believed that children are not receiving any education.  The occasional errant parents, whether public or alleged homeschoolers, should be handled on a case-by-case basis.

  • Are homeschoolers held to academic standards?

Please reference above response regarding homeschoolers academics. Frankly, the superior academic performance of homeschoolers is almost legend by now.  The press knows it (look at any national academic competition such as spelling, science, essays, etc.), the colleges know it (many are actively recruiting homeschoolers), and the standardized tests prove it.  To imply, as the opposition does, that homeschoolers don’t measure up academically is either dishonest or indicative of biased against home-schoolers. Schools could easily verify a homeschooled student’s academic eligibility if necessary and this is addressed in the Alabama bill just as it was in Florida’s bill.

As a brief history, there are two methods to legally homeschool in Alabama,

  1. the tutorial law (a private tutor or parent with a teaching degree and current license) Parents who homeschool under the tutorial law are already required to provide grade sheets for their children to the local school district.

  2. the church school cover law: Those who homeschool under a church school covering are under the supervision of the Church School Administrator (in most cases the Pastor if the church).  The Church School Administrator will be responsible for providing proper documentation to the public school to ensure the academic eligibility of each student who wishes to participate.  The homeschoolers who wish to take advantage of equal access to sports do not have a problem providing this information if requested specifically to confirm eligibility.

It should be noted also that the state of Alabama already entrusts homeschool parents with the education of their children. Why should the schools or the AHSAA not treat homeschoolers the same with regards to athletic eligibility?

On this website is a copy of the form used in Florida by the Florida High School Athletic Association by participating students.  It shows how easily many issues can be addressed on just a single form.  If grade verification is an issue then it can be handled just as easily in Alabama. 

  •  How would a principal discipline a homeschooled athlete?

The correct question is; 'How would a homeschool athlete be disciplined?' Is not the coach the first line of discipline on any team? Followed by the parent? The bill states that the homeschool athlete would be required to adhere to the same rules and guidelines as the public school student and that the rules and consequences must be in published form.  A home-schooled athlete who required discipline would be treated like any other student.  If they need to be "benched", then "bench" them.  They can be required to run wind-sprints or laps or do push ups just like a public schooled student. If that does not do the trick then the parent can be contacted. This is much easier for homeschoolers as a homeschooled child will, by default, have at least one parent or guardian who is very involved in the child's life.  It's that simple.  The coach is the first line of discipline followed by the parent. If an issue arises of school policy on the field then obviously the school administrator can discuss the issue with the coach and parent and if a suitable change can not made then the child can be suspended from the team. 

  • What about "average" athletes? 

"Wouldn't these "superstar" homeschoolers take their position on the team?" This legislation would not necessarily increase the size of a team so, of course, some athletes who are not as skilled might not make the team (this, by the way, would include some homeschooled students who are not as skilled). This will be a very minor issue as some teams can take on more members than they currently have in certain sports, i.e., football.  This would actually help smaller school teams in particular. Larger schools that may have to limit the number of students on certain teams have other sports at which the “cut” student may be more adept.  Regardless, skill does not discriminate and it is well understood that “making the team” is part of life in general.  This is fairness. If a homeschooled student were a better athlete and chose to enroll in the school then another player would be bumped anyway.  So this is a non-issue and should not enter into intelligent debate.

  • What does "extracurricular activities" encompass?

This has been addressed in the rewritten bill.  The bill includes only sports and band.  As homeschoolers already participate at some local public schools in certain extracurricular activities such as music, it seems that individual local schools have already decided that allowing certain students to participate in certain areas already produces a win-win situation.  This bill does not seek to limit that opportunity for homeschool students that live in a district that already permits such activity.  The bill would even-out the opportunity and make it more fair as it would apply to all students regardless of school zone.

  • Doesn't Florida limit access to homeschoolers only and not private school students?  

This is also addressed in the re-write of the bill.  The rewritten bill stipulates that it is for homeschoolers only.  A point worth mentioning is that Alabama schools are already dealing with homeschoolers playing on opposing teams.  This was readily apparent when Tim Tebow’s, Nease HS from Florida played our very own Hoover HS in 2005.

  • “If our sports are good enough for you then why not our academics"? 

This is an old argument with inherent bias against homeschoolers. First of all there is no “you” nor “our” to this issue.  We are all citizens of this state with hopefully the same goal in mind and that is to provide the best for our children.  This is about what is best for the student – not what is merely good enough. A homeschooled student is a student in this state just the same as a public or private schooled student and therefore deserves equal and fair treatment - especially by the state-sponsored educational establishment.  This should apply to athletics as well as academics.  A child can freely walk into any school in this state in the district where they legally reside and obtain educational services.  This should not exclude extracurricular activities that are offered by that school.   Many who exhibit this attitude often have the misconceived notion that homeschoolers think they are “better” than others.  While this notion may be the case in some instances, the same could be said of public-schoolers.  So it simply points out a bias or resentment towards homeschoolers.  Again it has nothing to do with the intelligent debate that many on both sides of this issue are trying to conduct.  Those who choose to continue to hold this attitude should realize at least that this is an instance where homeschoolers are offering an olive branch and trying to reach out to the public school system.

  • Illegal Immigrants and Exchange Students have more rights than homeschoolers in this regard!

On a side note, it is blatantly unfair to many citizens that illegal immigrants to our great country and state can enroll their children, technically, the day they move into a district and receive all benefits offered to any other student.  This participation includes the right to participate in extracurricular activities. This applies to foreign exchange students as well. Even they have more rights than our state's very own homeschoolers. Homeschool families, many of whom have been upstanding, legal, tax-paying citizens of this state for decades, are excluded.  Is this fair?

  • Won’t teams be able to pool good players?

This is no different from the way things are now and AHSAA guidelines already help curb this type of abuse.  This bill will have no effect one way or the other with this and it has always been dealt with on a case-by-case basis.  The bill states that the homeschool student must adhere to the same residency requirements as the public school student.

  • Homeschoolers have a very positive impact on public schools when they are allowed to participate. 

Representative Randy Davis during the February 8th, 2006 Public Hearing on gave a specific example in his district of a homeschooled student who was allowed to play in the public school band.  He expressed what a great experience it was for all involved.  USA Today also had an article about this subject.

  • Is this going to allow the government to interfere with the rights of homeschoolers?

This is a voluntary opportunity only for homeschoolers who fill out a form and request to be involved in the program.  It will have no effect on other homeschoolers who wish not to be bothered.

We homeschoolers are indeed an independent bunch!  We homeschoolers who support this legislation understand the battle that had to be fought nationwide to be able to exercise the God-given responsibility and the right to educate our children at home if we deemed it best for the student.  But frankly that is a past battle; it will not be fought again.  We won!  Homeschooling is well accepted as part of the educational options for many citizens.  While it will take the educational “system” a while to accept this, it is occurring.  I’m afraid that in our zeal for homeschooling, we often forget that it is not about the right to do this or do that but it is about what is best for each child that is important.

Many of us are veteran homeschoolers with many years under our belts.  Others who support this bill were ardent pioneers from the “early days” of the homeschool movement who’s children have long-since graduated and are even now homeschooling their own children.  We encourage homeschoolers who have problems with this bill to avoid knee-jerk reactions and get the facts and then join us in this fight for more rights for homeschoolers who choose public school extracurricular activities.  Let’s face it, if athletics is your gifting, public schools can be and are indeed a wonderful place to showcase and develop your talents.

 

Interscholastic extracurricular activities are an important complement to the academic curriculum.  Participation in a comprehensive extracurricular and academic program contributes to student development of the social and intellectual skills necessary to become a well-rounded adult.

 

Many extracurricular activities can be provided to students on an individual basis, such as tennis, golf, piano lessons or art.  However, some sports or activities require groups of students and cannot be achieved on an individual basis. 

 

Children have different gifts.  Not all can or want to play football or baseball, but each deserves to have the opportunity to develop his or her talents. 

 

Most of us have been involved in homeschool teams and have seen many other great examples of valiant efforts by great homeschoolers to field teams of excellence.  But let’s be honest, short of Bill Gates joining the movement, do we think we could ever fund sports programs to the level necessary to bring them up to the caliber of most of the public and private school teams?  While we know full well that there is more to athletics than funding and visibility, it is nonetheless an important part.  And what about continuity of the program and coaches?  Homeschoolers don’t have the options afforded by public schools in this regard.   Private schools, co-ops, the AAU, enrolling in public school, etc. are indeed all viable options but why limit ourselves if we don’t have to? 

Again, this option is available at some level in over 20 states already and we have not found one state that experienced adverse effects or instances where the freedom or rights of homeschoolers has been harmed.  In 2006 when a local Pennsylvania school tried to “retest” a homeschooled athlete they were quick to drop the requirement when confronted by facts from the HSLDA.

HSLDA also states, in the states where equal access laws have been passed there has not been one case where additional laws have been passed that affect the homeschool population of that state.

  • Anticipated Level of Participation - Facts and Statistics:

 

Tim Tebow Bill

 

Anticipated Level of Participation in Alabama Public School

Athletics by Home-educated Athletes;

 

The Facts

 

1.   Statistics from the Home-school Legal Defense Association show that in states that support Equal Access, only 3-5% of eligible home-schooled students try out for public school teams. 

 

2.   In Florida there are an estimated 50,000 home-educated students K-12.  Last year only 315 home-schooled students participated in Florida public school athletic programs.

 

3.   In Alabama there are an estimated 25,000 K-12 home-educated students - about ½  the number in Florida.   This equates to possibly 7,000 high schooled students at the most, but the number is probably between 2,500 and 5,000 – most of whom of course are not even interested in athletics or band. 

 

4.   If the above numbers were used to try to estimate the number of home-educated students who would even try-out for public and private school extracurricular activities currently monopolized by the AHSAA (412 public and private member schools, 1A-6A) then the total would be somewhere between 150 and 300.   A recent study by the operators of the timtebowbill.com website put the numbers even lower, at perhaps 80-100 statewide.  

 

In Alabama this equates to LESS THAN ONE home-schooled athlete per AHSAA member high school!   How could this possibly have any significant impact on the system?  Yet, think of the positive impact it could have on that one young person’s life as well as on the team, coaches, and community.  Think of the impact this opportunity had on Tim Tebow and the state of Florida! 

 

Opponents raise "straw-man" arguments based on theories or "what-if’s".  The facts from the current 22 states that support some form of Equal Access do not support their nonsensical theories.  In fact, once this roadblock to progress is removed, most schools will be thankful for more quality athletes - especially small 1A school teams.   

 

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  • Religious Discrimination imposed by a "State Actor" - A very real argument with a Supreme Court precedent:

Just as the Alabama legislature has decided that public schools do not hold a monopoly on education, so the AHSAA should not hold a monopoly on competitive athletics. 

 

The AHSAA is a private organization which governs all middle and high school competitive athletics in Alabama and discriminates against certain classes of students based on their educational choice. 

 

It is time for the State Legislature to require the AHSAA to stop discriminating against students because of an educational choice.  Students taught at home under a church school covering or by a private tutor cannot participate in athletics because a private organization, acting on behalf of the State, prohibits their participation. 

The SUPREME COURT OF THE UNITED STATES in the BRENTWOOD ACADEMY v. TENNESSEE SECONDARY SCHOOL ATHLETIC ASSOCIATION et al. Stated in the opinion of February 20, 2001,   “Save for the Sixth Circuit, every Court of Appeals to consider a statewide athletic association like this one has found it to be a state actor.

Whether the AHSAA is a statutory agency of the State is immaterial because the AHSAA fulfills a certain function on behalf of the State for public schools.  Just as public schools and governments are not allowed by federal law to discriminate against students based on race, sex, religion, the AHSAA as a “State Actor” cannot discriminate either.  Therefore, the State of Alabama has given parents the right to teach their children under a church school covering and must allow these students based on their religious choice of schooling to participate in competitive athletics.

 

Public schools do not “own” competitive athletics, they belong to the students, their families, and the residents of Alabama.  It is just as much in the interest of the State of Alabama to help students in private and church schools to develop to their full potential as students in the public school. The Legislature should not allow such a discriminatory practice to take place.  The AHSAA is, in essence, a private exclusive club, which permits only certain students in Alabama to enjoy the privilege of group activities because of the schools they attend.

 

At least 23 other states recognize the importance of extracurricular activities in the development of a child.  Alabama needs to do what is in the best interest of all children.  All parents pay taxes to support the free public education system, but their children are penalized because they chose a different path to education.  Education is a requirement for Alabama children.  Extracurricular activities is a privilege and should be an opportunity for all children, not just those who attend a public school.

 

The Alabama Legislature needs to do what is in the best interest of all the students in Alabama and pass the “Tim Tebow Bill.”

 

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