About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

6 You Make the Call 1 (2004)

handle is hein.blasports/ansrvds0006 and id is 1 raw text is: Volume 6, Numbers 1&2 { Spring/Fall 20041 STUDENT AT CHARTER CYBER SCHOOL CAN BE BARRED FROM PARTICIPATION IN INTERSCHOLASTIC SPORTS Ang-stadt v. Midd- West Sch. Dist., 377 F.3d 338 (3d Cir. 2004). On July 15, 2004, the United States Court of Appeals for the Third Circuit affirmed the district court's dismissal of plaintiffs claim for failure to state a claim for violation of her First Amendment, due process, and equal protection rights. Plaintiffs daughter was a home schooled student from third through eighth grade, but she was granted a waiver during her seventh and eighth grade years to play basketball at the public school in her school district. In 2001 she enrolled in the Western Pennsylvania Cyber Charter School (WPCCS), an independent public school. WPCCS does not offer a girls' basketball team, so she continued to play at the public school until it barred her from competing because she was not an enrolled student at the public school. On January 29, 2002, the plaintiffs requested an injunction compelling the public school to permit their daughter to play basketball. The district court conducted a hearing, but plaintiffs voluntarily dismissed their complaint. In November 2002, plaintiffs again requested an injunction alleging that the public school had violated their daughter's First Amendment freedom of association, due process and equal protection rights. The district court granted the school district's motion to dismiss because plaintiffs did not dispute the requirements for participation and had failed to state a claim that illustrated a violation of their daughter's constitutional rights. The plaintiffs appealed. On appeal, the Third Circuit Court held that a student does not have a constitutionally protected right to play interscholastic sports; therefore, there could be no violation of the daughter's constitutional rights in the district's refusal to allow her to play. The Third Circuit affirmed the district court's dismissal of the plaintiffs claims. @ Copyright 2004, National Sports Law Institute of Marquette University Law School Page 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most