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2011 Legal Issues High Sch. Athletics [1] (2011)

handle is hein.hackneytwo/lihsa2011 and id is 1 raw text is: January-February 2011 In This Issue Case Summaries Federal Judjge Rules State Court Must Decide Ehgibility Question * Athlete's Section 1983 Claim Fall Short in Texas Case Trial Court Fails to Apply Correct Standard in Eliaibility Case Court Denies Athlete's Claim that Disability Made Him Academically Ineligible for Athletics Soccer Mom Fails to Show School Had Surrendered Immunity Doctrine Court Declines to Overturn Suspension from Athletics Articles * Foundation Says Title IX Equality Only Applies To College Sports Cas Sie Federal Judge Rules State Court Must Decide Eligibility Question A federal judge has granted the request of a football players parents to remand their claim that the Kentucky High School Athletic Association acted arbitrarily and capriciously by refusing to grant an eligibility waiver to their son to a Kentucky state court. In so ruling, the court found that the plaintiffs' claim centers primarily on questions involving the Kentucky Constitution. The student athlete, identified as W.L.D., played on the Danville High School football squad in the fall of 2009. He transferred to Boyle County High School on January 5, 2010 and sought to become a member of the football team. On February 17, 2010, the KHSAA made the initial decision to deny a waiver of ineligibility under Bylaw 6, the Transfer Rule. The decision was appealed to a