Q: For children whose parents don't want them to return to the classroom this fall, the school is offering online learning.
However, those who choose this option are denied access to extracurricular activities. Is there a legal remedy for this?
A: The short answer is, probably not. Extra curricular activities are not considered to be a part of a student's right to a public K-12 education. It is my understanding that the Indiana High School Athletic Association (IHSAA) changed its guidance this last Friday to allow for a case-by-case consideration of student-athletes utilizing distance learning due to the COVID-19 pandemic for participation in IHSAA sanctioned events. If your question is related to IHSAA athletics, you should contact your school's athletic director to determine if your child will now be eligible for consideration of a waiver for participation if your student is participating in distance-learning through the local public school rather than in-person classroom instruction. If your question pertains to an extra-curricular activity that is not an IHSAA sport, to have a colorable legal claim against the school, it would likely require a showing of evidence to prove some type of systemic and impermissible discrimination.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.