In response to recent questions raised by families that homeschool, the Guilderland Central School District’s board of education is looking at updating its policy concerning what public school activities are available to homeschooled students.
Suzanne Quinn, who homeschools her two sons, ages 7 and 8, said she hoped her children would be allow to participate in any extracurricular activities available to public school students, including orchestra, intramural sports and choir.
We understand that homeschooling kids is a choice, and you don’t participate in the curricular activities,’ said Quinn. It doesn’t mean that you signed on to not participate in anything the school district offers.`
New York education regulations state that children educated outside public schools may participate in intramural and other school-sponsored club activities. The regulations go on to recommend that each board of education establish a policy to this effect.
Although the Guilderland School District Board of Education policy manual contains a section titled `Relations with ‘Home Schools,’` it does not contain any specific regulations regarding the rights of homeschooled students.
`It’s very vague and it doesn’t answer the questions raised at this point,` said Superintendent Greg Aidala. `When the question was asked, we felt it was a good opportunity to review this policy and have some discussion about it.`
The current policy, which was adopted June 20, 1995, reads: `The Superintendent of Schools will establish regulations, based upon those of the Commissioner, to inform schools and parents of their respective rights and responsibilities regarding the education of children at home.`
Aidala and four board members, Barbara Fraterrigo, John Dornbush, Catherine Barber and Denise Eisele, make up the board of education’s policy committee.
`The policy we’re working on now is much more specific,` said Aidala. `We expect at this time we will finalize the policy this month.`
In addition to defining what activities homeschooled students may take part in, the policy will also place restrictions on some activities.
`That’s what we’re trying to clarify at this point,` said Aidala.
When complete, the draft will be presented to the board for review.
Quinn said she would like to be part of the policy-making process.
`I need to know how I am to find out this happening,` said Quinn. `And what our roles as parents can and should be. I’m more than willing to participate in any process.`
Aidala said parents of homeschooled students are welcome at board of education meetings and can voice their concerns or wishes to the board during the public comment session at each meeting.
Policy meetings are also open, he said, however, meeting times are determined by each member’s availability and varies month to month.
Aidala said the relationship between public schools and families who choose to instruct their children at home is not adversarial, and he said the policy would reflect that.
`We would try to establish a good working relationship with those families that choose to homeschool,` said Aidala.
One area in which the school district is legally limited in what it can provide homeschooled students is interscholastic sports.
`The commissioner’s regulations actually prohibit interscholastic athletic sports unless the child is in attendance 80 percent of the time,` said T.J. Schmidt, staff attorney for the Home School Legal Defense Association. In New York state, 80 percent participation in a curriculum is impossible because the state does not allow dual enrollment.
`What this means,` said Schmidt, `is a high school (homeschooled) student can not participate in high school sports.`
According to state education regulations, homeschooled students can only participate in those activities that the district deems to be extra-curricular. For instance, if participation in a band program was considered to not be part of the school’s curriculum, it would be decided by board policy whether or not a student taught outside of the public school system would be able to participate.
Quinn said the decision to homeschool her children was a choice the family made.
`It’s what we as a family feels provides the best education for them,` she said, adding that they evaluate each year to see if it is best for the children.
Quinn and other parents who homeschool say they pay taxes like other district residents and should have the same accessibility to school district programs as children who attend public school.
`We’re all members of this community, where people all pay taxes, and we’re all part of the school district, and we would like to be included,` said Quinn.
Schmidt said this particular objection is common among parents who homeschool their children.
`Homeschool parents feel strongly that they should be able to participate,` said Schmidt.
He said that previously there have been lawsuits in the past brought against school districts to open up activities to homeschooled students.
`Typically these do fail because the courts will say, ‘Because you’re paying taxes, doesn’t give you a property right to participate in school activities,’` said Schmidt.
Legislation has also been introduced to address the rights of homeschooled students, the most recent being state Senate Bill 5974: Extracurricular Activities Open to Home Schoolers.
The bill, which has not been passed, would have allowed home-instructed students to participate in all extracurricular activities, and intraschool, intramural and extramural athletics that a school district offers.
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