For some students, high school sports are the best part of every day. Whether it's draining a three-pointer, blasting a penalty kick into a corner of the net, or getting a strikeout with a softball pitch that's perfectly placed on the outside corner, student-athletes can enjoy the thrill of competition, the camaraderie that comes from bonding with their teammates, and the opportunity to turn success in sports into a way to help pay for college. Should homeschooled students be able to participate in a local public high school athletic event as well, even though they are not part of the student body?
A complaint filed in federal court in Virginia on March 30, 2026, claims that a student has a civil right under the U.S. Constitution to participate in public high school sports, although courts have generally held that there is no standalone constitutional right to participate in interscholastic athletics. Filed on behalf of ninth-grader Samuel Palmer by his parents and the Family Foundation of the Founding Freedoms Law Center, the federal lawsuit alleges that the Virginia High School League's (VHSL) policy of not allowing homeschooled children to compete in athletic contests between public school teams is in violation of the Equal Protection Clause, Section 16 of the Virginia Constitution, and the Virginia Religious Freedom Restoration Act (VRFRA). It seeks a preliminary injunction against the VHSL and the Roanoke County Public Schools (RCPS) system to allow Palmer to compete in track and field meets this season while the matter is litigated.
The Father, the Son, and the Holy Sprint?
The number of kids being taught exclusively at home has been steadily rising, with around 3.5 million opting to eschew public or private school enrollment. States regulate homeschooling, and the rules vary. In general, homeschool students must meet attendance requirements, be taught an approved curriculum, and meet the same mandatory standards as private and public school students. However, the high school-age students among Virginia's approximately 66,000 homeschooled students are not permitted to participate in public school sports.
Samuel Palmer has been homeschooled by his parents, Stacie and Daniel Palmer, for the past decade. Both hold degrees from Virginia Tech, and his mother has a degree in early childhood education. The lawsuit indicates that the Palmers chose to homeschool Samuel for religious reasons, as they believe that sending their son to public school would "expose him to worldviews, assumptions, and educational philosophies that are contrary to their faith." As a second reason, it lists a neuropsychiatric medical condition (PANS/PANDAS) that is both better treated at home and benefits from having their son compete in high school track meets and cross-country races.
Palmer was allowed to participate as an independent or non-affiliated athlete in middle school races. When he entered 9th grade in August 2025, he was informed by the Roanoke County School Board that, under VHSL rules, he did not have the required eligibility to compete in high school meets and races. Virginia's rules allow private school students and students attending fully online public schools to participate, but not homeschooled students. After being unable to get the ruling bodies to change their policy, the Palmer Family engaged the Family Foundation, which "fights for God-given foundational freedoms."
The Pep Rallies Are Probably Underwhelming
In requesting a preliminary injunction, the suit notes that, as taxpayers, the Palmers should have access to the public school sports that their taxes pay for. It argues that the VHSL is violating Palmer's right to the free exercise of religion under the First Amendment, which applies to state and local governments through the Fourteenth Amendment, by denying him the opportunity to run with public school students. It also claims violation of Article 1, Section 16 of the Virginia Constitution, which reiterates that they are entitled to the "free exercise of religion."
The lawsuit argues that the court should review Virginia's policy under strict scrutiny, requiring the VHSL to prove a "compelling government interest" that outweighs the burden on religious freedom under the Virginia Religious Freedom Restoration Act. The Palmers argue that a victory for their son is a victory for all homeschool students who wish to play public high school sports.
The VHSL has indicated its intention to stand by its rules, which state that students must be "part of the school" to participate on its sports teams.
Related Resources
- Education and Homeschooling: Background Information (FindLaw's Education Options)
- Homeschooled Student Access to Public School Facilities and Activities (FindLaw's Learn About the Law)
- Homeschooling Regulations FAQ (FindLaw's Education Law)
