Williamsport, PA – Pennsylvania parochial school students who lacked access to athletic opportunities are now permitted to take the field at their home school districts after a groundbreaking Interim Consent Order was entered in federal court today, ending the Pennsylvania Interscholastic Athletic Association’s (PIAA) unfair exclusion of such students.

Thomas More Society attorneys are thrilled to announce this legal victory confirming the eligibility of parochial school students to participate on the sports teams at their home school districts. This is a significant win for religious students who were previously excluded from participating in PIAA-regulated sports at their home school districts.

This Interim Consent Order is in response to a lawsuit filed on July 29 by Thomas More Society attorneys on behalf of several Pennsylvania parochial school families, alleging that the PIAA’s Bylaws violate the First and Fourteenth Amendments of the U.S. Constitution.

“It is rewarding to see talented parochial school athletes finally being allowed to participate in their home school district’s athletic programs. This is a huge relief for parents and students across Pennsylvania who have been unnecessary excluded from participation simply because of their desire to pursue a faith-based education,” said Thomas Breth, Thomas More Society Special Counsel, who represents the families.  

“Our family is deeply grateful to the Thomas More Society for standing up for families like ours. Because of their work, our son can now play football with his peers at our local public school without us having to sacrifice our faith, values, and educational freedom. Faith is at the center of our family, and it means so much to know we don’t have to choose between living that faith and giving our son the chance to grow and excel on the field. We’re excited to be great partners with his new team and can’t wait to watch him thrive, both as an athlete and a young man,” said David Aungst, a father involved in the lawsuit.  

Effective immediately, the Interim Consent Order enables parochial school students to participate in athletic programs at their home school districts if their parochial school does not offer the same sport. The PIAA’s current Bylaws grant a variety of non-faith-based students, including charter school and homeschool students, the right to participate in athletics at their home school district, while denying parochial school students the same right. The PIAA is now in the process of amending its Bylaws to comply with the Interim Consent Order moving forward. It is anticipated that the PIAA will approve the amended Bylaws in October, but with the court order in place, parochial school students are able to participate in PIAA-regulated sports immediately.

“The PIAA’s current Bylaws are in direct violation of the constitutional rights of families who wish to provide their children with a faith-based education, while still pursuing athletic opportunities in their home school districts,” Breth added.

The lawsuit against the PIAA came on the heels of an earlier federal court order secured by Thomas More Society attorneys requiring a Pennsylvania public school district to accept students from religious based schools into extracurricular and cocurricular activities, including athletics. A federal court recognized that excluding religious school students was discriminatory in violation of the United States Constitution. To avoid further litigation, a settlement was reached with a Consent Order approved by a federal judge.

“We’re thrilled that as a result of our efforts, parochial school families are no longer forced to choose between a religious education and equal access to the full range of educational opportunities offered to other students at their home school districts. We couldn’t be prouder to have worked alongside these great families to end this longstanding discrimination,” concluded Breth.

In the meantime, parents whose children attend a parochial school that lacks athletic programs and who wish to enroll their children in sports at their home district, should contact the Athletic Director and the Superintendent of their home school district to ask them to contact the PIAA Executive Director Dr. Lombardo and/or the PIAA Chief Operating Officer Mark Byers. The Athletic Director should call to confirm that a parochial school student is eligible to participate in their home school district’s PIAA governed interscholastic athletic activities if the activities are not available at their parochial school. Dr. Lombardo and Mr. Byers will confirm their eligibility, and the district should permit the student to participate immediately. Parents will need to complete the required paperwork, proof of physical, grades, and attendance.