A standout saxophone player from Lower Burrell sued his home school district yesterday in federal court, claiming that he is being denied permission to participate in the high school marching band because he will attend a Catholic school in the fall.

Alexander Trefelner, who filed the suit along with his parents against the Burrell School District, said he is being denied his right to free exercise of religion.

According to the complaint, Alexander, who also plays in the Westmoreland County Band, the Alle-Kiski honors band, and the Wind and Jazz Ensemble at Seton Hill College, was chosen last year to participate in the high school marching band while still only in eighth grade in the district.

Instead of moving on to Burrell High School, he plans to attend St. Joseph Catholic High School in Natrona Heights in the fall. It does not have a marching or jazz band.

Alexander's mother, Shirley Trefelner, wrote to Burrell School District in April, asking that her son be allowed to continue in the extracurricular band programs there next year.

However, high school Principal John C. Boylan denied her request, the lawsuit said, saying that students must be enrolled in the district to participate in extracurricular activities.

The Trefelners then wrote to Superintendent Shannon Wagner, noting that state school code requires a school district of residence to permit students who are either home schooled or who attend charter schools to participate in extracurricular activities there.

Ms. Wagner agreed in an e-mail that cyber schooled and home schooled students are permitted in such programs, but continued that there is currently no law that covers parochial school students.

Burrell Solicitor Lee Price said that there is a bill pending in the legislature that would allow private school students to participate in extracurricular activities, but it has not passed yet.

Until that happens, the state school code specifically allows individual districts to set their own policies with regard to that issue.

"If they choose to go to a different school, why should they get to step in and take a position from another child? Whether it's sports, or theater or marching band," Mr. Price said.

Under currently pending Senate Bill 624, students attending a private or nonpublic school would be permitted to participate in extracurricular activities provided they live within the district and the program is not offered by their current school.

While that law has not yet passed, the Trefelners note in their lawsuit that "No Pennsylvania law precludes a school district from permitting an in-district student attending a parochial school to participate in a marching or jazz band."

The family alleges that the district is discriminating against students who choose religious education.

Mr. Price disagreed.

"It's not because he goes to a Catholic school. It's the fact he goes to a nonpublic school. It's a private school," he said.

A hearing on a motion for a preliminary injunction on the matter will be held on Friday before U.S. District Judge Joy Flowers Conti.