"Tebow Bills" and Access to Public Sports

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Tebow Bills and Access to Public School SportsBy Antony Barone Kolenc

Nearly everyone has heard about Tim Tebowhomeschooled athlete, genuine Christian,

selfless humanitarian. He wowed the college football world as the record-settingquarterback for the Florida Gators, helping his team earn two national championships and

becoming the first sophomore to win the Heisman Trophy. And as the unconventional NFLquarterback for the Denver Broncos (recently traded to the New York Jets), he led his team

into this years playoffs and defied the odds by beating the Pittsburgh Steelers in the firstround. But off the field Tebow has inspired a different kind of following: a series of laws

known as Tebow bills that seek to give more homeschooled families access to publicschool sports programs.

The Controversy Over Equal Sports Access

Though about half of all states now permit homeschooled children some access to publicschool sports programs, resistance continues in many quarters. Enter Tim Tebow. He has

loaned his name to a series of proposed state laws that could move the ball forward inexpanding equal access. As a resident of Florida, Tebow benefited from a policy that allowed

him to compete on his local high school football team, earning him a full ride to theUniversity of Florida and kicking off a career that has made him an international celebrity.

Tebow bill supporters argue it is unfair for homeschooling families to pay equal taxes to

support public school sports, only to have their children denied the chance to participate.

College athletic scholarships are driven by school sports; thus, worthy homeschoolers arebeing denied the opportunity to compete for these scholarships simply because their

academic classroom is located in their home. Opponents to these laws worry that

homeschoolers might take slots away from students who daily attend the public schools andthat homeschooled athletes may be difficult to discipline and assess academically. In fact,

Tebow bill fans note that in states with equal access, none of these fears are realized.Instead, public school sports are enhanced by the presence of homeschooled athletes.

A Typical Tebow BillTebow bills have been considered over the past three years in states such as Kentucky,Alabama, and Arkansas. Each time the bills have failed to pass, but supporters have vowed

to continue the fight. Most recently, in March 2012, Virginia nearly passed its own Tebowbilleasily passing one house of the legislature, while meeting a narrow defeat by one vote

in the state Senate Education and Health Committee.

The failed Virginia law, HB947, provides a good example of the typical Tebow bill. It wouldhave amended the Code of Virginia section 22.1-7.1 as follows:

A. No public school shall become a member of any organization or entity whose

purpose is to regulate or govern interscholastic programs that does not deem eligiblefor participation a student who (i) is receiving home instruction pursuant to 22.1-

254.1, (ii) has demonstrated evidence of progress for two years in compliance withsubsection C of 22.1-254.1, (iii) is entitled to free tuition in a public school

pursuant to 22.1-3, (iv) has not reached the age of 19 by August 1 of the currentschool year, (v) is an amateur who receives no compensation, but participates solely

for the educational, physical, mental, and social benefits of the activity, (vi) complies

with all disciplinary rules applicable to all public high school athletes, and (vii)complies with all other rules governing awards, all-star games, parental consents,

and physical examinations applicable to all high school athletes. Eligibility shall be
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-254.1http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-254.1http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-254.1http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-3http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-254.1http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-3http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-254.1http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-254.1


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limited to participation in interscholastic programs at the school serving theattendance zone in which such student lives.

B. Reasonable fees may be charged to such students to cover the costs of

participation in such interscholastic programs.

As you can see, this bill has anticipated many of the objections of Tebow bill opponents. Itessentially prevents public schools from joining any state or local athletic association thatexcludes homeschoolers. And, to its credit, the bill does not add new government intrusions

into the lives of homeschoolers. The bill breaks down as follows.

Subsections (i) and (ii) require that the homeschooled athlete have a two-year track record

of complying with Virginias homeschooling statute. Unfortunately, this puts newhomeschoolers at a disadvantage for two years. Subsections (iii), (iv), and (v) make certain

that the homeschooler is eligible for public school and is neither too old nor a professionalathlete. Subsections (vi) and (vii) ensure the homeschooled athlete will comply with the

same rules as public school students, especially in the area of discipline. The final sentenceof Section A limits access to the homeschoolers local school districta measure designed to

avoid unfair competition by coaches who might try to recruit outstanding homeschooled

athletes from outside the school district. Finally, Section B permits schools to chargehomeschoolers reasonable fees to cover costs related to participation.

To Sue or Not to SueFamilies living in a state without equal access may be tempted to sue to secure the right of

their child to participate in public school sports. Dont do it. Over the past fifteen yearsseveral families have tried this tactic with little success. The reason for the failure is simple:

though it is unfair, school districts can point to what the courts consider rational reasonsfor excluding homeschoolers. Redirect your time, money, and efforts to more productive

avenues.

For instance, even where a state may not have a Tebow bill on the books, local school

boards may be able to authorize your childs participation in that district. Make connectionswith your school board and bring a well-written petition. Additionally, in recent years there

have been efforts in several states to pass statewide rules that would expand sports accessfor homeschoolers.1 Organize or renew efforts to petition your state legislators to bring a

Tebow bill to your state. Finally, find opportunities for your homeschooled athletes toparticipate in sports right now. There may already be homeschool or local recreational

sports leagues that can give your children the chance they need to excel and prove their

eligibility for a collegiate athletic scholarship.

Endnote:1. The following fifteen states have considered such bills in the recent past: AL, AR, GA, HI,

KY, LA, MD, MS, NC, NJ, NY, OK, SC, TN, TX. You can also find a good summary of thestatus of state equal access laws (updated May 2011) on the HSLDA website at

www.hslda.org/docs/nche/Issues/E/Equal_Access.pdf.

Antony B. Kolenc (J.D., University of Florida College of Law) is an attorney, author, and

speaker. He and his wife have homeschooled their five children for over a decade. He isauthor ofThe Chronicles of Xan historical fiction trilogy, as well as several legal articles.

Learn more about him atwww.antonykolenc.com .

Copyright 2012, used with permission. All rights reserved by author. Originally appeared inthe June 2012 issue ofThe Old Schoolhouse Magazine, the family education magazine.
http://www.hslda.org/docs/nche/Issues/E/Equal_Access.pdfhttp://www.antonykolenc.com/http://www.hslda.org/docs/nche/Issues/E/Equal_Access.pdfhttp://www.antonykolenc.com/


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"Tebow Bills" and Access to Public Sports