Pennsylvania School District Must Allow Parochial Students in Activities

Pennsylvania School District Adjusts Policy in Favor of Parochial Students

In a significant move against perceived religious discrimination, a Pennsylvania school district has been directed to permit students from parochial schools to join its extracurricular activities. This decision comes after a prolonged legal battle and is viewed as a victory by those advocating for religious rights.

The directive was formalized in a consent order, signed by Judge Matthew Brann of the U.S. District Court for the Middle District of Pennsylvania. This order marks the culmination of litigation initiated by the Religious Rights Foundation of Pennsylvania alongside two sets of parents whose children attend parochial schools.

According to the agreement, the State College Area School District must allow students living within its boundaries to partake in its extracurricular activities. However, those attending parochial schools with comparable sports teams or activities are not eligible for similar offerings from the district.

The school district is also obligated to cover “a reasonable, agreed upon sum” for the plaintiffs’ legal fees within 30 days of the order. While the specific type of parochial schools involved wasn’t detailed in the legal documents, the Thomas More Society identified them as Catholic institutions.

The legal challenge, which began in July 2023, was spearheaded by Thomas More Society attorneys. They argued that excluding parochial school students from district activities infringed upon the Free Exercise Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

The resolution followed a mediation session on April 28, with the district’s Board of Directors ratifying the terms during their June 2 meeting. “Pennsylvania school districts cannot discriminate against students and exclude them from activities simply because they choose to attend a religious based school,” declared Thomas More Society Special Counsel Thomas Breth.

Breth further stated, “This Consent Order corrects a longstanding policy of discrimination against public school students,” reinforcing the notion that parents should not have to compromise on educational and athletic opportunities due to their religious choices.