Morrison Mahoney Partners Amy Yarbro and Jessica Savino recently overcame an adverse trial court ruling and zealous opposition by special interest advocates and prevailed in the First Circuit Court of Appeals in a case involving enforcement of an “Eight Semester Rule” by the Rhode Island Interscholastic League, a non-profit organization that oversees high school sports programs through the state.
Like other states, the League has a rule which prohibits a student from playing high school sports for more than eight consecutive semesters. The student claimed that he was caused to repeat his freshman year because of a learning disability, and he sought a waiver of the rule. The League considered the request, and after two hearings at which the student’s family presented extensive information, the League determined that the student’s disability was not the cause of his ineligibility under the rule. Rather, after his freshman year at a parochial school in Rhode Island, the student’s family elected to transfer the student to an out-of-state boarding school and reclassify him as a freshman. The student transferred again to an in-state private school. At all times, the student maintained good grades and did not miss a season of playing sports.
The student commenced an action in the Rhode Island District Court for a permanent injunction to prevent the League from enforcing the rule against the student, which was granted despite our argument that the student’s alleged disability played no role in his ability to play sports. This issue was a matter of first impression in the First Circuit, although other Circuit Courts have addressed the issue in analogous cases. In a potentially far-reaching appellate decision, the First Circuit vacated the permanent injunction, finding that the District Court’s ruling was “clearly erroneous” because the student’s disability was not a ‘but for’ cause of his inability to comply with the rule.
The Court also concluded that permitting the student to play a fifth year would be a fundamental alteration of the League’s rules governing sports in Rhode Island because the eight-semester rule is essential to competitive high school sports, and it prevents displacement of other students who fall within the rule from having opportunities that would be afforded to abnormally older students. The Court noted the essential nature of the rule is evidenced by the fact that, of all of the waivers that the League has granted over the years, not one has permitted a student to play sports for more than eight semesters. It was the League’s position, and the Court agreed, that we must find balance between the rights of students with disabilities and a level playing field for all students. The First Circuit’s ruling will have an impact on similar cases across the country and the ability of high school sports leagues to continue to enforce their rules for the benefit of all students who play high school sports.
