A ninth-grader at Wasatch Junior High School was told in federal court Monday that she can leave school to swim at Skyline High School - if she also takes a gym class at Wasatch.
Later, Fred Crawford, district teacher leader, told the Deseret News the girl would not be treated differently from seminary students, who can leave school during the school day to take seminary classes without credit. In this case, he said, she could, in effect, be released to her home for seventh period, with her school day ending after sixth period, because she completed all academic requirements.This release policy seemed contrary to a district policy as expressed in a legal memorandum filed by Edward O. Ogilvie and Brent A. Burnett, assistant attorneys general for Utah. They wrote of the school district's "`across-the-board' denial to all ninth-graders wishing to participate in high school athletics on a released-time basis."
The potential compromise was outlined in a hearing before U.S. District Court Chief Judge Bruce S. Jenkins, in a suit filed in July by Gary B. Ferguson, on behalf of the ninth-grader, Megan C. Ferguson. The 13-year-old is an A student at the junior high, entering ninth grade soon.
The suit says she was told she wouldn't be allowed to attend Skyline High School during seventh period every day for swimming workouts, as a member of the Skyline swim team. For at least the past two years, the Granite School District allowed ninth-graders at Wasatch to be members of the Skyline team, the suit says.
A Skyline coach would keep track of attendance and pass along grades to Wasatch Junior High, which does not have a pool. Ninth-graders are considered high school students, the suit says.
On Aug. 1, Granite School Board decided to drop the program but allow junior high students to continue participation this year only with limitations. Then the program would be dropped entirely the following year.
In the hearing, Michael K. Morham, lawyer for the Fergusons, said Megan wants to get physical-education credit for the swim program.
"Junior high allows release time for seminary programs," he said. This is a program that allows students to leave the school throughout the day to attend religious instruction, but without receiving academic credit for seminary classes.
Megan doesn't want to participate in seminary release time, he said. But she isn't allowed "release time" for a valid school function such as swimming, he said.
"Other high schools in the state have ninth-graders in the school, and those ninth-graders are allowed to participate in swimming," Morham said.
"She's not being treated the same way other release-time students are being treated."
Jenkins pointed out that school credit isn't given for ecclesiastical release time, and Morham agreed that's true.
The judge asked if a junior high student should be allowed to take release time and, instead of religious instruction, go to a high school for a physics class, for example.
Morham answered, "The trouble is, your honor, she's not a junior high student. In Utah, ninth-grade students are considered in high school."
Burnett, representing the school district, said a letter from Ferguson didn't ask only for release time but to cut a state-mandated physical education course and substitute the swimming class for it.
"Release time could be something that could be worked out through the normal process," he said.
Jenkins asked how that could happen.
"Just request it," Burnett said.
Later, Jenkins noted, "What you're telling me is if you take your gym class you can go swimming . . . it's a pretty good out."
He commented, "It sounds to me like you can go swimming . . . I don't know that we've got a huge federal case here."
According to the way he envisions the situation, he said, if Megan took the gym class for credit, she could go to the high school, two blocks away, for seventh period, participating without credit but released during the school day.
"Sometimes there's a price you have to pay to go swimming - sometimes you even need to take a class," he said.
He asked both sides to talk the matter over and report back to him. The next court session will begin 8:30 a.m. Tuesday.