Thursday, September 19, 2013

8th Circuit: No constitutional right for Maumelle student to play basketball, but transfer deserved more study

Posted By on Thu, Sep 19, 2013 at 2:46 PM

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The 8th Circuit U.S. Court of Appeals today gave a partial victory to Teresa Bloodman, who complained because her child had made the basketball team at Maumelle High School, but then was removed from the team after another round of tryouts.

The court said there was no constitutional right to play basketball.

The court also said there'd been no equal rights violation in the school's decision to have a second round of basketball tryouts. He s male and the decision wasn't made on account of gender, the court said.

However:

We reverse and remand, however, on Bloodman’s claim that her son lost credit toward graduation when he was transferred from the elective athletic class that he had been attending to a study hall and then to a home economics class, in violation of school policies (1) prohibiting transfers without parental consent and (2) prohibiting reassignment to a class after eight weeks of the semester have elapsed. The District Court dismissed the complaint without considering whether these school policies created a justifiable expectation that the son would not be so transferred and reassigned, for purposes of determining whether a property interest protected under the Due Process Clause was at stake.

Further hearings were ordered.




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