Parochial school families in Pennsylvania have secured a major legal victory, ensuring their children’s right to participate in public school extracurricular activities and athletics.

The settlement, formalized by a federal Consent Order signed by U.S. District Judge Matthew W. Brann, ends a policy by the State College Area School District (SCASD) that had excluded parochial school students from programs available to homeschooled and charter school students.

The lawsuit, filed in 2023 by parents of parochial school students with support from the Thomas More Society and Religious Rights Foundation of PA, argued that SCASD’s policy violated the Free Exercise and Equal Protection clauses of the U.S. Constitution.

While the district allowed homeschooled and charter-schooled students to join its extracurricular activities, it denied those same opportunities to students attending religious schools—even though their families pay district taxes.

Judge Brann previously denied the district’s motion to dismiss the case, writing, “The Free Exercise Clause is clear: regardless of what reasons some parents may have for sending their children to a non-public school, a religious reason has the same value as a secular reason.

If some exemptions are made, a school’s refusal to make a religious one enforces a value judgment preferring secular conduct over religious conduct”.

Under the settlement, SCASD will now allow eligible parochial school students residing in the district to participate in the same extracurricular, co-curricular, and athletic programs as homeschooled and charter school students.

However, if a parochial school offers a specific sport or activity, its students are not eligible to participate in that same activity through the district.

If the parochial school does not offer a particular sport or activity, students may join through SCASD.

The agreement also addresses eligibility disputes involving the Pennsylvania Interscholastic Athletic Association (PIAA), assigning responsibility for resolution to the Religious Rights Foundation of PA if a parochial student is declared ineligible by the PIAA. SCASD will pay an agreed-upon sum for the plaintiffs’ legal fees.

“This Consent Order corrects a longstanding policy of discrimination against parochial school students,” said Thomas Breth, Special Counsel for the Thomas More Society. “Now, parochial school students will be afforded the same athletic and educational opportunities as other students who reside within the district”.

The settlement is seen as a significant affirmation of religious freedom and equal access, ensuring that families who choose religious education are not penalized or excluded from taxpayer-funded opportunities in their communities.