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David C. Garner
David C. Garner, Attorney
Category: Education Law
Satisfied Customers: 1043
Experience:  JD with Distinction, Admitted to practice in California
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My daughter was born w/ a disability & has learning

Customer Question

My daughter was born w/ a disability & has learning differences so we choose to home school year round. She is at grade level reading & above grade level math. She participates in pop warner & I was asked to sign a statement saying that I understand that home school families aren't eligible for the All American Banquet honoring those participants w/ good grades awards, gifts, & even scholarships for higher education. Wouldn't this be considered discrimination towards home school children, they can't even try b/c we choose to give our child a different education so she can learn at her pace.
Submitted: 1 year ago.
Category: Education Law
Expert:  David C. Garner replied 1 year ago.

Hello,

I will try and help. Can you tell me more about this POP warner league? Is it a private organization?

DCG

Expert:  David C. Garner replied 1 year ago.

Hello,

I'm working up an answer for you, but I was a bit vague. I meant your local pop warner league. I am familiar with the national organization.

DCG

Expert:  David C. Garner replied 1 year ago.

Ok,

The short answer is yes, they can discriminate. They are a private organization and there is no constitutional right to play pop warner and as such this organization can set the membership rules they wish. The Boy Scouts just went through this a few years ago.

That said. There is possibly some flexibility depending on your league/chapter. I have looked at other chapters for you and found an example of other rules. They said,

"If the participant was home schooled, you must provide a letter on letterhead that has the name of the home school as registered with the State (you can create this letterhead). The letter should include a one-line statement saying who teaches the child and that the instructor is certified by California to home school and another statement about the child's academic performance (provide a grade for each subject taught)."

I would check with your chapter's leadership to see what/if there is such a process. While you have a right to provide a different education for your child, they have a right to run their league how they see fit. Check to see what sort of alternative verification program they have as you are likely not the first person this situation has come up with.

I hope this helps.

DCG