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District policy upheld It doesn't have to let private-school kid play By CHRIS BRISTOL A Jackson County judge refused to flag the Medford school district for a constitutional foul Monday, ending for now an eighth-grader's quest to play football at a public school he doesn't attend. At issue was whether a district policy violates constitutional guarantees of equal protection by allowing home-schooled students to play sports in seventh and eighth grade but not students from private schools. The policy applies only to middle school students. A lawyer for Ryan Thorson sought an injunction against the school district blocking the policy. The blond-haired 13-year-old was excluded from playing football at McLoughlin Middle School because he attends Grace Christian, which has no fall sports for boys. But Judge Ross G. Davis, ruling in a case that caught the attention of educators around the state, said Oregon law treats home-schooled students different than students from private schools because so-called home-schoolers belong to no organizations or institutions and therefore have fewer opportunities for what the judge called "the socialization process." Under the law, passed by the state Legislature in 1991, home-schooled students were given a specific right to play "all sports" at public schools. The law says nothing about students from private schools. Lawmakers, Davis said, were "very aware there are private schools in Oregon. They chose not to specifically address private schools." Moreover, he said, "I find the right to play football at the seventh- and eighth-grade level is not a fundamental one." Ryan did not attend the hearing, and his mother, Laurie Thorson, left the courthouse without comment. The Thorsons' attorney, Lee Werdell, said he was not sure whether he would appeal. The ruling does not affect high school athletics. The Oregon School Activities Association, which governs high school sports, allows students from private schools to try out for sports at public schools when a specific sport is not available at their own school. District officials, including board chairman Joe Frodsham, testified the policy was designed to exclude students from private schools because too many students who attend McLoughlin and its cross-town counterpart, Hedrick Middle School, want to play and the district has a no-cut policy. More than 150 students play for McLoughlin, school officials said. Increasing turnout forced the school to add a fifth team last year to ensure everybody a chance to play. "The larger the team is, the less playing time there may be," Frodsham said. He also argued that athletics are viewed as a way to keep some students interested in school. Unlike in high school, players are not required to get passing grades. Full-time attendance is virtually the only requirement. But Werdell argued the policy is discriminatory. "If the state of Oregon ... chooses to allow participation to home-school students, then other students must be allowed, too," he said. "You can't distinguish, and that's what our school board has done." Tim Gerking, the district's attorney, countered that case law allows the exclusion of students from private schools if "reasonable justification" can be articulated. After the hearing, Gerking said he enjoyed the chance to defend the district's policy in court. "It's not every day," he said, ``you get a chance to argue constitutional law in Medford." Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA