TRO Lets Parochial School Musician Into Public School Band

Yesterday a Pennsylvania federal district court granted a temporary restraining order allowing Alexander Trefelner, an eighth grade saxaphone player, to remain in the Burrell (PA) High School band, even though Trefelner will be a student at St. Joseph Catholic High School. Yesterday's Pittsburgh Post-Gazette reported that after a two-hour hearing, the court ruled that school district policy "appears ... to be a burden on the free exercise of religion." The district, as required by state statute, allows charter, cyber- or home-schooled students to participate in public school extracurricular activities even though they are not enrolled full time in district schools. However neither the statute nor the district's policy extends to students enrolled in private or religious schools. Federal district judge Joy Conti concluded that allowing Trefelner to participate is not likely to create increased costs or administrative burdens for the school. (See prior related posting.)