Complaint Against Roanoke County School Board and Virginia High School League, Inc. (Filing & Administrative Fee $405 Receipt Number AVAWDC-4888815), Filed by Stacie Palmer, Daniel Palmer, and S.P. (Attachment: # 1 Civil Cover Sheet)
INTRODUCTION
1Plaintiff S.P. is a 9th grade high school boy who loves to run and desires to do so competitively. But simply because he is home schooled by his parents, Defendants Virginia High School League, and his school division Roanoke County School Board, by policy, deny S.P. the ability to compete in track & field or cross country as thousands of other Virginia high school students can. There is no rational basis for Defendants’ exclusionary policy, and therefore it
CLERKS OFFICE US DISTRICT COURT AT ROANOKE, VA FILED LAURA A. AUSTIN, CLERK BY: /s/ T. Costa DEPUTY CLERK March 30, 2026 -CV-00260 Pageid#: 1
violates S.P.’s constitutional guarantee of equal protection under law. It also violates Plaintiffs’ rights under Article 1, Section 16 of the Virginia Constitution and Virginia’s Religious Freedom Restoration Act because a significant and primary reason the Palmers home school S.P. is that their religious convictions lead them to do so. Because Defendants’ exclusion of S.P. violates state and federal law, Plaintiffs seek relief.
THE PARTIES
2Plaintiff Daniel Palmer is S.P.’s father, one of his home school teachers, and his running coach. He is also the lead pastor of a Baptist church in Roanoke.
3Plaintiff Stacie Palmer is S.P.’s mother and his primary home school teacher.
4S.P. is a minor in 9th grade who is home schooled by his parents under Virginia’s “Notice of Intent” provision of the Virginia Code. Va. Code § 22.1-254.1. As a runner of track & field and cross country, S.P. desires to compete in interscholastic high school athletics, which are regulated and controlled by the Virginia High School League.
5Defendant Virginia High School League (“VHSL”) is a Virginia public entity and state actor that governs interscholastic sports and academic competitions for every Virginia public high school, and some of Virginia’s private high schools, by setting standards, implementing rules (including eligibility requirements), and organizing statewide competitions in numerous athletic (27 sports) and academic activities (12 activities). Among the sports VHSL regulates are track & field and cross country (long-distance running). VHSL is comprised of and governed by government entities and representatives who agree to uphold its rules.
6In 2011, this Court held that VHSL’s conduct constitutes state action subject to constitutional restrictions. See McGee v. Va. High Sch. League, Inc., No. 2:11-cv-35, 2021 U.S. Dist. LEXIS 110270 (W.D. Va. Sept. 28, 2011).
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7Defendant Roanoke County School Board (“RCSB” or “the School Board”) is the public body that operates the public school system for Roanoke County, Virginia. It is a member of VHSL. RCSB participates in and enforces VHSL’s rules for students competing in interscholastic high school athletics, including track & field and cross country. It carries out VHSL’s policy of prohibiting S.P. from participating in VHSL-approved athletics. RCSB operates the public school district in which S.P. resides and would otherwise compete in track & field and cross country.
JURISDICTION AND VENUE
8The Court has subject-matter jurisdiction over the federal-law aspects of this matter pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) and 42 U.S.C. § 1983 (civil action for deprivation of rights), as more particularly set out herein.
9The Court has subject-matter jurisdiction over the state-law aspects of this matter (Virginia Constitution Article I, § 16, and the Virginia Religious Freedom Restoration Act (Va. Code § 57-2.02)) pursuant to 28 U.S.C. § 1367 (supplemental jurisdiction) because the state- law claims are sufficiently related to the federal-law claims in this action such that they form part of the same case or controversy.
10The Court has personal jurisdiction over VHSL because it is a corporation registered and actively doing business in Virginia and, through its registered agent for the service of process, it is present within Virginia as of the time this action commenced.
11The Court has personal jurisdiction over RCSB because it is a Virginia corporate body operating public schools in Virginia pursuant to Va. Code § 22.1-71.
12Venue is proper in this Court under 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to the claim occurred in this district and because defendants have their principal place of business in this district and both defendants reside in Virginia.
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13This Court is authorized to grant declaratory and injunctive relief under 42 U.S.C. § 1983, Va. Code §§ 57-2.02, 8.01-184 et seq., and 8.01-620 et seq.
FACTS
S.P.’s Education
14S.P. is educated at home (“home schooled”) and is currently a 9th grade student.
15S.P. is home schooled under the annual “Notice of Intent” provision of Virginia Code § 22.1-254.1.
16S.P. is one of over 66,000 home schooled students in Virginia during the 2025-2026 school year.
17More than 89% of the home schooled students in Virginia for the 2025-2026 school year (59,055) are educated under the “Notice of Intent” provision of Virginia Code § 22.1-254.1.
18Virginia Code § 22.1-254.1 establishes as “the policy of the Commonwealth of Virginia,” that “[w]hen the requirements of this section have been satisfied, instruction of children by their parents is an acceptable alternative form of education.”
19Under the “Notice of Intent” statute, Va. Code § 22.1-254.1, a parent must: a) meet requisite qualifications to demonstrate he is able to provide home instruction for his child; b) notify the division superintendent annually of his intention to so instruct the child; and c) provide a description annually of the curriculum to be administered to his child.
20Under Virginia’s “Notice of Intent” statute, a parent must also provide the division superintendent following the school year with either (i) evidence that the child has attained a composite score in or above the fourth stanine on any nationally normed standardized achievement test, or an equivalent score on the ACT, SAT, or PSAT test, or (ii) an evaluation or assessment that the division superintendent determines to indicate that the child is achieving an adequate level of educational growth and progress, including (a) an evaluation letter from a person licensed to
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teach in any state, or a person with a master’s degree or higher in an academic discipline, having knowledge of the child’s academic progress, stating that the child is achieving an adequate level of educational growth and progress or (b) a report card or transcript from an institution of higher education, college distance learning program, or home-education correspondence school.
21On behalf of S.P., the Palmers have submitted academic credentials, along with a list of subjects taught, to RCSB for home schooling annually since 2016.
22The Palmers have satisfied every element of Virginia’s Notice of Intent home school statute each year they have home schooled S.P.
23S.P.’s current 9th grade course load includes eight subjects, which he completes during each regular weekday. They include: Algebra I with Geometry, Spanish I (through Liberty Online Academy), Economics, U.S. Government, English, Logic, Integrated Chemistry and Physics, and Piano.
24Section 28A-3-3 of VHSL’s 2025-26 Handbook and Policy Manual states the following about home schooling: “Home schooling is a process through which Virginia Code compulsory education requirements may be met, as is private schooling. Home schooling is the equivalent of school enrollment for purposes of future eligibility requirements such as establishing residence for Transfer Rule purposes, and determining whether the student has met Scholarship Rule requirements of having passed five academic subjects recognized by the Virginia Department of Education in the most recent prior semester.” (Emphasis added.)
25S.P. engages in academic studies five days a week, for a time commensurate with that of public school students.
26S.P.’s mother, Stacie Palmer, sits with him throughout most of the school day to teach him and monitor his progress.
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Public U.S. federal court record (district court docket 73110367, document 1). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.