Student's fight to play sports may be long lost

Time is running out for the sophomore, who moved from Clearwater to Tarpon Springs and had sued the School Board.

By ANITA KUMAR

© St. Petersburg Times, published March 21, 2000

CLEARWATER -- Roshawn Marshall may continue his fight against the School Board on principle, but he knows he already has lost.

The Tarpon Springs High School sophomore spent months fighting a rule that prohibits him from participating in sports this year. But while the case dragged on, Roshawn missed football season. Then, he missed basketball. Now, track.

Roshawn, by all accounts a talented football player with a chance at a college scholarship, had hoped to play at least one sport this year. But a court ruling earlier this month has made that impossible.

Circuit Court Judge James Case threw out a lawsuit that Roshawn filed against the School Board in January, saying he needs to exhaust other remedies before suing the district -- a move sure to prolong the case.

"In a practical matter, the School Board has won," said Bill Vinson, Roshawn's attorney. "He can't play sports this year."

Roshawn, 16, should have asked for an administrative hearing with a state-appointed hearing office before filing suit, said Jacqueline Spoto, a school attorney.

Vinson said Monday he didn't know whether Roshawn would ask for a hearing -- a process that could take another 45 days. If he was not successful at the hearing, Roshawn could file suit again.

"Unfortunately, the School Board does not look at these cases on an individual basis," Vinson said.

Last September, the district banned Roshawn from competing in sports this school year after he failed to follow the proper procedure when he moved out of his father's home in Clearwater and into his mother's in Tarpon Springs over the summer.

In the lawsuit, Vinson claimed school officials "arbitrarily applied the residency rule against Roshawn" without considering the student's best interest."

The residency rule requires a student to attend school in the zone where his "primary residential parent" lives. A 1993 court agreement makes Roshawn's father, Joseph N. Marshall of Clearwater, that parent.

Despite that, Roshawn attended school and played sports at Tarpon Springs Middle School.

After spending his freshman year at Clearwater High, he then tried to register at Tarpon Springs High the next year without proving first that a court had designated his mother as the primary residential parent. He should have done that or sought a special attendance permit, school officials said.

The result: He could attend school at Tarpon Springs High, but he could not play sports this year.

The district's policy sets out an absolute way to determine where a student must attend school. The policy is rigid to keep players from being able to move in with various relatives around the county to choose the high school they attend.

The rule prevents high schools from competing to recruit talented players and keeps players from shopping around for a school where they will get the best position, playing time or connections to collegiate scouts.

Spoto said that Roshawn's ineligibility was only for one year and that he will be able to play next year. He also can attend spring football practices.

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