THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Wednesday, October 26, 1994 TAG: 9410260412
SECTION: LOCAL PAGE: B2 EDITION: NORTH CAROLINA
SOURCE: ASSOCIATED PRESS
DATELINE: GREENSBORO LENGTH: Medium: 84 lines
A Greensboro couple whose son was held back because of a learning disability have sued the State Board of Education over its age limits for middle and high school athletes.
A judge could rule on the case this fall.
Mary Ann and Frank Sciullo's lawsuit is the first ever to question the state's longtime age eligibility rule. Instituted after the Korean War, the rule was an effort to prevent 20-something war veterans returning to high school from competing against - and possibly hurting - smaller and less agile teenagers.
The Sciullos call the age rule unfair and unconstitutional.
``Sam (their son) will never be a superstar, but I think he should have the right to participate,'' said Frank Sciullo, owner of a Greensboro construction company. ``We shouldn't take that away from him.''
Like hundreds of North Carolina teenagers, Sam Sciullo's learning disability interferes with his concentration and class assignments.
Sciullo started kindergarten a year late because Texas law requires enrolling youngsters to be 5 years old before Sept. 1. Sciullo's birthday is Sept. 14. Then he was held back as a first-grader.
So now, Sciullo is two years older than most of his teammates at Grimsley High. The state's age rule could force him to sit out sports his senior year, even though his special-education counselors say he needs sports to help him succeed in school. That's spelled out in his individualized educational program, or IEP.
``If the child has positive supportive parents and the child loves to be (at school), then the child could fail if the IEP is not followed,'' said Martha Sharpless, a developmental pediatrician in Greens-boro.
``Sometimes it's so essential.''
Last year at Kiser Middle School, Sciullo was initially prohibited from playing for the school's basketball team because of his age. A Guilford County district court judge granted a temporary restraining order that allowed Sciullo to participate.
Sam Sciullo doesn't like talking about his learning disability, but he doesn't mind talking sports.
``Playing sports, well, it's like you got to have it,'' says Sciullo, a 16-year-old high school freshman who plays junior varsity football at Grimsley.. ``Hopefully, I'd like to get a scholarship. It's a once-in-a-lifetime dream, but I just want to play.''
North Carolina's rule says ninth-graders can be no older than 16, and seventh- and eighth-graders no older than 15 if they want to play sports in public school.
Other states, though, have waived their age rules to allow students with learning disabilities to compete.
In Texas, the state appeals court ruled last year in favor of two 19-year-olds vying to play high school football.
The Sciullos cited that ruling in their attempt to show that North Carolina's age rule discriminates against their son and violates his constitutional rights.
But legal experts say case law nationwide shows that playing sports is not constitutionally protected. It's considered a privilege rather than a right.
North Carolina education officials say they support the state's age rule, because it prevents students from getting hurt, and fosters fair competition and safety.
``If you allow children of substantial size and strength and levels of agility to play, the smaller, younger child could conceivably get injured,'' said assistant state Attorney General Edwin Speas, who deals with education issues.
But the Sciullos argue that their son - who weighs 175 pounds and stands 5 feet, 11 inches tall - doesn't pose a threat to his teammates or opposing players.
Some school officials - including Guilford Superintendent Jerry Weast - back the Sciullos' efforts.
``He deserves a break because the cards are stacked against him since he was in first grade,'' Weast says.
Within a month, a Guilford County judge is expected to decide if the case should go to trial. ILLUSTRATION: ASSOCIATED PRESS photo
Sam Sciullo eyes the defense during football practice at Grimsley
High School
by CNB