RI Interscholastic League won't let him play high school sports. Now his parents are suing.
Parents are suing the Rhode Island Interscholastic League, accusing the organization of discriminating against their son by refusing to let him play sports his senior year, despite his disabilities.
The couple, identified as James and Jane Doe, are asking a federal judge to bar the league from enforcing the “eight-semester rule” against their son. They argue that the league’s denial of a waiver of the rule is unlawful and in violation of the American with Disabilities Act because it discriminates against students, like their son, who are unable to complete high school in four years.
“The reality of John’s situation is that, because of his disabilities and the course he has followed, it will take him five years to finish high school instead of the usual four years,” wrote the family’s lawyer, Robert Clark Corrente.
What is the 'eight semester rule' in RIIL sports?
The eight-semester rule dictates that once a student enters ninth grade, they are limited to eight consecutive semesters of eligibility and “automatically becomes ineligible for athletic competition four years from the date of entry into ninth grade.”
When reached for comment, Michael Lunney, executive director of the Rhode Island Interscholastic League, said, "Our attorney has advised us not to comment on pending litigation. However, the RIIL strongly denies any unlawful and/or discriminatory actions and looks forward to having the matter addressed in court.”
'Critical importance' of sports
According to the complaint filed Tuesday in U.S. District Court, the student, identified as John Doe, is 17 and began struggling academically upon entering high school. He had a difficult first year at a parochial high school in 2020 as classes went remote and sports were canceled during the COVID pandemic. Students participated in a modified basketball season in spring 2021, with a few football games taking place that fall.
The family decided John would benefit from the small, structured environment of an out-of-state boarding school, though he had not yet been diagnosed with disabilities. He repeated his freshman year at the boarding school, which is common. Instead, his grades declined, he lost 60 pounds and became deeply depressed. He returned home.
That summer, he was evaluated and diagnosed with ADHD, hyperactivity disorder; predominantly inattentive presentation; major depressive disorder; and was experiencing impairment in reading and writing. He was prescribed medication and therapy, as well as an increased focus on health and fitness.
In September 2022, his parents enrolled him in a private school in Rhode Island for his sophomore year that provided him academic and testing accommodations. He participated in interscholastic sport as recommended by doctors and showed marked improvement, according to the suit.
His parents applied for a waiver of the eight-semester rule for his fifth year of high school, contending that his learning disabilities should be accommodated due to the “critical importance” of his participation in sports.
Committee votes against letting the student play sports
The suit cites the nonprofit Interscholastic League’s own website, which emphasizes athletic competition as a major component in the education of most students enrolled in the 60 member schools.
“Research indicates that student-athletes have better grades than non-athletes and that student-athletes have higher attendance rates and higher graduation rates,” it says.
The league emphasized the value of discipline, teamwork, respect, loyalty and the time-management skills cultivated playing high school sports.
The league held a waiver hearing in April and members reviewed John’s medical and psychiatric records, learning evaluation, school transcripts and letters in support.
The decision notes that he participated in basketball, football and outdoor track and field his freshman year in Rhode Island and football, basketball and lacrosse after making the “personal choice” to transfer the next year to a boarding school. He returned to Rhode Island and played football and basketball his sophomore year and is eligible to play sports the 2023-2024 school year.
But the league’s six-member committee concluded that the documents and testimony presented did not establish “an academic or athletic hardship” to support the waiver. It voted 6 to 0 that he had failed to identify extenuating circumstances to establish an undue hardship.
“Considering the purposes and fundamental philosophy of the RIIL … a disproportionate impact will not result to the applicant, and the committee must ensure an even-handed and appropriate perspective in the treatment of this and other such applicants,” the decision reads.
John Doe appealed to the league’s Principals’ Committee on Athletics, which upheld the decision in September.
“Although the eight-semester rule is facially non-discriminatory, as applied, the rule discriminates against students like John who, because of their disabilities, are unable to complete high school in four years,” the suit says.
Plus, they argue, the league has granted eligibility waivers from students whose request were “fundamentally identical” to John Doe's.
This article originally appeared on The Providence Journal: Parents sue RIIL for discrimination as son denied waiver to play sports
