I remember having discussions about this in my master's program. As I recall, there was at least one instance where a program was forced to drop the private lessons requirement because the parents did take legal action. It's basically pay to play even if you're not the one pocketing the money.

The parents having the ability to pay for lessons is irrelevant.

From what you've described, the student is clearly good enough to be in the varsity band. This leads me to believe that it's not about this individual student. You're afraid of what happens if you let a student who's not in private lessons into the varsity band. If other students/families see private lessons as optional instead of mandatory, will participation in lessons drop? Or have you built a culture where everyone buys into the idea that lessons give you the skills necessary to be in varsity and it's only the rare exception that can get there on their own?

I understand that fear. I understand the broad perspective and thinking about how this affects the program as a whole. However, from a narrower perspective, it really is unfair to this kid who clearly deserves to be in the top band but isn't allowed to unless their parents spend more money.

The parents are absolutely justified in their perspective that their student is being treated unfairly. Actually taking legal action would be cost prohibitive, but if they do have money and are willing to fight on principle, they could.

My question is, if you don't want this fight, what really happens if you let this kid in? Is anyone else really going to know? Is the kid going to go around bragging about how they made it in without being in private lessons? Or, if asked, can they simply say they take lessons from someone outside of school like they claim?

My $0.02

Band class is not extracurricular, it is curricular. It is an elective, but it is a curricular course supported by TEKS. Marching Band is extracurricular. Furthermore, 1 credit in fine arts is required by TEA for high school graduation, so that rationale falls apart as well.

Say it with me again.

Band

Is

Curricular.

Not co-curricular (nearly nothing is co-curricular in Texas, people need to stop using that term, not that you did). Not extracurricular.

It is a CURRICULAR subject with an extracurricular component. That component includes concerts festivals and competitions.

It has a curriculum. It is on the TEKS. It is CURRICULAR.

The fact that it's an "elective" means literally nothing. It just means the kid chose the class - hence, "elected" to take it. It doesn't make it more or less of a class.

Legally you CANNOT charge a student to be in a curricular subject if they are on free or reduced lunch. Yes, this is part of why athletic budgets are so large - any of their kids that are F/R Lunch legally are required get free gear.

You CAN charge for the extracurricular portion. You can charge for competitions and festivals and trips. But you cannot charge for them to attend a district benchmark, for example.

Sticking to your guns in this case will only get you slapped down harder by any competent attorney who can argue the decided case law that exists and has existed on this subject for over a decade now. I can tell you now that your school district's attorney will tell you to back off and let the kid in, and they're right.

The kid has the right to be in the program. You're not required to bring them to All-Region if they don't meet your guidelines though, which may include private lessons.

This type of situation (legal issues) is literally the focus of one of the classes you take when you get your admin cert. Ask your principal.

Back in 1974 when I was leaving 8th grade and going to 9th grade there was an unwrittent policy that stated that if I wanted to be in my high school freshman band. I had to take from Mr. Smith. I had been taking lessons from Mr. Howard for the last two years and I was the only kid in my grade level from my school that made region both years.

During the summertime the band director had one of the high school moms call my mom to let her know that I had to switch clarinet teachers if I wanted to be in Freshman band. I was happy with my previous teacher who had left the district for greener pastures amd he would have been within driving distance for me to continue. Not wanting to be in the bottom band I had to suck it up and change teachers. For me if I had not changed I probably would have quit. If that happened I would have been a retired band director at present. My clarinet was my life so , I had to make the change. I do not regret it. I was able to go farther than I had with the previous teacher.

It is sad that parents have to resort to lawsuits to get what they want. Private lessons are very important. From the schools that I know of that have a program their band is so much better than the schools that do not have a program.

I suppose it is hard to say if this goes through as a lawsuit and Mr School board member puts pressue on your to drop numero 4 will that impact your lesson program. Will that cause kids to drop out of it? Also, taking lessons for some schools goes towards the point system to get a letter jacket. If the requirement has been in place since day 1 of her high school career I would leave it in place.

I would think that if the administration supports you there should not be any issues with them putting pressure on you. Good Luck!