Tebow Bill Shot Down in Virginia, but Issue Continues to Simmer

Apr 3, 2015

Tim Tebow may never attain the fame he achieved playing quarterback for the Denver Broncos a few years ago, but his name lives on in other ways — in the same polarizing fashion.
 
The movement to allow home schoolers to compete in traditional high school athletics is embodied by Tebow, the most famous home schooler of them all.
 
And controversy is the watchword.
 
Last week, for example, Virginia Gov. Terry McAuliffe announced that he will veto a bill that would have allowed homeschool students to participate on interscholastic teams in that state.
 
HB 1626, not surprisingly known as the Tebow Bill, would have required the Virginia High School League (VHSL) to change its eligibility rules by barring schools from joining an organization that do not allow homeschool students to participate in athletics.
 
The bill also had a catch that was supposed to help it secure passage. It included a “local option,” allowing each school district to make its own determine whether home school could compete. The bill also required such students to pass standardized tests and comply with age limits and immunization rules.
 
McAuliffe noted in a press release that the bill “would create a double standard, as students who are not subject to academic or attendance requirements of public schools would now compete with students on public school athletic teams.” He also justified his decision by recognizing “the wide availability of athletic programs that operate outside the public school system,” which are available to home schoolers.
 
Del. Robert B. Bell, R-Albemarle, had sponsored the bill, noting a trend toward allowing the participation of home schoolers. “This concept is endorsed by 29 other states and is widely supported by the public,” he said earlier this year.
 
But there was opposition from the VHSL.
 
Ken Tilley, the League’s executive director, said at the time the bill was being considered that “the end result still sets up two different standards for the eligibility of students who are going to compete against each other. It means that school divisions that want to say, ‘Our home-school students only have to pass one subject,’ they can do that. While all other high schools will have to pass the VHSL standard, which is five subjects, they can set lesser standards scholastically for home-schooled students.”
 
Topic Addressed at SRLA Conference
 
Last month at the Sports and Recreation Law Association’s annual conference, three sports law professors presented — Matt Lovett of the University of Louisiana (Monroe), George Schaefer of Auburn University (Montgomery), and Myra Lovett of the University of Louisiana (Monroe) — on the topic.
 
Matt Lovett discussed some of the prevailing fears that those against the participation of home schoolers in high school athletics have, that “it is an uneven playing field” with home schoolers’ grades being artificially inflated.
 
He also noted how parents of home schoolers are at the mercy of their respective legislatures, since the court are “hesitant” to get involved in the affairs of high school athletic associations.
 
The trio went on to talk about various states and how they treat the issue. One of the more provocative approach are those states that require home schoolers to sit out a year before being eligible. This prevents little Johnny’s mom getting mad at a coach and taking him out of high school to home school him, while having him compete for another high school, said Myra Lovett.


 

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