Suit Claims Free Exercise Right For Parochial School Student To Be In Public School Band

In Burrell, Pennsylvania, a talented eighth-grade saxophone player and his family have filed a federal lawsuit against the Burrell School District alleging that musician Alexander Trefelner's free exercise rights are being infringed by school district policy. Yesterday's Pittsburgh Post-Gazette reports that Trefelner has decided to attend a Catholic high school next year instead of continuing in public school. Because of that, he will not be able to continue to participate in the public school's extracurricular band programs, even though home schooled and cyber-schooled students can. A bill pending in the state legislature would permit private school students to participate in these kinds of extracurricular activities, but it has not yet passed. Currently the decision is left to each school board. The lawsuit contends that the district is discriminating against Trefelner because he chose to pursue religious education. The school district says the issue is not that he attends a religious school, but rather that it is a private school.