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LEGAL/LEGISLATIVE UPDATES
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ACROSS THE STATES
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Homeschoolparticipation in sports clarified
Last spring, the South Dakota Legislature passed a law allowing homeschoolers to play on public school sports teams. A question subsequently arose as to whether homeschool students who have attained age 16, and are thus beyond the age of compulsory attendance, would be allowed to play on public school teams.
On September 3, 2003, the Aberdeen News reported:
Allowing home-schoolers to compete until 20 appears to contradict with [sic] the new law and could result in forfeiture of entire sports seasons if those players are later challenged and declared ineligible, warned Bill O'Dea, superintendent of Belle Fourche schools.
In response to this assertion, Home School Legal Defense Association wrote to John Brown, the attorney for the South Dakota High School Activities Association, explaining that there is no reason to exclude homeschoolers from sports who are at least 16 but under 20.
Brown's response on behalf of the association appeared to agree with HSLDA's position. He stated, "My own belief is that it is clearly the intent of the drafters of the legislation that alternative instruction students under the age of 20 be eligible to participate." He pointed out that the association has established guidelines for the participation of homeschooled students younger than 20.
Based on this statement, age should not be a barrier for homeschool students who are at least 16 but not yet 20 and wish to participate in South Dakota public school sports.
— by Scott A. Woodruff
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