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J. Michael Smith, Esq.

Michael P. Farris, Esq.

Public School Access for Homeschoolers—A Legal Summary


An appellate court ruled against homeschoolers who sought access to public school interscholastic sports. Bradstreet v. Sobol, 650 N.Y.S.2d 402 (A.D. 3 Dept. 1996). The Commissioner of Education’s Regulations pertaining to interscholastic athletic competitions, Section 135.4(c)(7)(ii)(b)(2), requires that students in grades 9–12 must be a “bona fide student, enrolled during the first 15 days of such semester, is registered in the equivalent of three regular courses, is meeting the physical education requirement, and has been in regular attendance 80 percent of the school time...” to be eligible for interscholastic competition in public school sports.