Before the parade passes her by, Tiffany Hasley will stand up for her right to perform with the Beatrice High School marching band. She'll be on the corner of 13th and Court streets in Beatrice at 8:30 a.m. this morning, all lined up for today's Homestead Days Parade.

Clarinet in hand, standing tall in her stiff new band shoes, she plans to leave quietly when school officials tell her she cannot march. Because the home-schooled eighth-grader does not want to make a scene, just a point. That is: Home-school students should be allowed to participate in any public school activity, as long as they pay taxes and live within the school district.

"I'm not in tears," she said. "But I'm kind of mad. My band teacher says I'm a good student. And I am first-chair clarinet."

Beatrice High School officials told Tiffany last month that she would not be able to participate in band next year as a ninth-grader. The school bars home-school students from being in activities regulated by the Nebraska School Activities Association.

Tiffany's parents, Ron and Vicki Hasley, plan to fight the school's decision, maybe even in court. But, at least for this summer, they figured she could  still play with the band.

That's not the case, they learned Wednesday when band director Bruce Greenwell told Tiffany just before practice that Superintendent Dale Kruse decided she should sit out Saturday's parade. On Friday, the Hasleys received a formal letter from Kruse stating the same.

"They say she isn't registered, but no one has to be registered until school starts this fall," said Ron Hasley. "Really, quote me that policy. Show me that statute."

Both Kruse and BHS activities director Randy Coleman were unavailable for comment Friday.

But Roger Harris, attorney for the Beatrice school board, said the decision is consistent with school policy. No one can play in the band unless they are registered, full-time students at the school, he said.

"Even though marching in the parade is an informal thing, it's not open to just anyone," Harris said.

"Say a student from Wymore wanted to march. Would anyone care? Probably not. But the perception is, ‘This is the Beatrice High School band,' and we have to protect that."

Whether homeschool students can be in marching band is at the discretion of each school, said Jim Tenopir, director of the NSAA.

Band members can practice or perform at non-NSAA events such as parades or high school football games. But for competitive activities, the NSAA only allows students from accredited schools to compete against other students.

NSAA eligibility rules ensure that high school students keep up their grades and attend school regularly, or they cannot compete, Tenopir said.

Enforcing the very specific and rigid rules among homeschoolers would be impossible, he said.

"You are probably not going to  hear a parent say, ‘I caught my kid smoking so please don't let him play football,'" Tenopir said.

But some state senators would like to change both school policies and NSAA rules to include homeschool students.

Legislative bills addressing that issue have been introduced for the past few years, most recently by Sens. Phil Erdman and Mike Foley. But none of the bills have made it out of committee.

Ron Hasley said he's "a constitution kind of guy," who will pursue the issue, not only for his daughter but for other homeschool students.

"I pay taxes," he said. "I'm asking for a service, and I'm not getting it. I hope what happens here sets precedence for the state."

Reach Kendra Waltke at 473-7303 or kwaltke@journalstar.com.