I started this petition so that my learning-disabled son, Jackson, can play football his senior year in high school.  I also want to give a voice to other learning-disabled high school athletes so that they never have to fight for the opportunity to play their senior year.

Here is Jackson’s story:  Since the age of 4 Jackson has been under the care of a pediatric behavioral developmental specialist in Atlanta, “Dr. Alan” Weintraub, who diagnosed Jackson with language processing deficits, dyslexia, dyspraxia, and an attention deficit hyperactivity disorder with prolonged processing speed.  Due to his significant learning disabilities, Jackson attended a school for students with learning disabilities, The Bedford School (TBS) in Fairburn, GA, from the 3rd through the 8th grade.  He then transferred to Landmark Christian School to begin high school in the fall of 2011.  Landmark is a mainstream school, however, they do provide support and accommodations for students with learning disabilities if the student provides a neuropsychological evaluation.  Jackson completed his required evaluation during the first semester at Landmark, and it confirmed his reading, writing, and cognitive disorders.  

Also, during his first semester at Landmark, Jackson decided to join the football team.  He had never played football, knew nothing about the sport, but he was quickly making friends with some of the players and he was eager to be on the team.  During his first few weeks on the team, the coaches worked with Jackson to teach him the fundamentals and he began to practice with the team.  Toward the end of the season, there were a few junior varsity (JV) games that he was able to play in, but he did not play in any varsity games.

In November 2011, as Jackson approached the end of the fall semester, he was struggling significantly with several of his classes and his grades indicated a severe problem.  Jackson’s transition to Landmark was more difficult than we had anticipated, and even with the accommodations that Jackson received because of his disabilities, I knew that he was not going to pass two of his courses.  After careful evaluation and consultation with the school administration, I made the agonizing, but necessary, decision to move him back to the 8th grade.  In January of 2012 Jackson began the 2nd semester as an 8th grader, and his transcript was erased from the fall semester.  He began the 9th grade again in the fall of 2012 with a fresh start.  It was the right decision and one I’ve never regretted, however, a consequence of this decision was that Jackson lost a year of athletic eligibility because of the “eight semester” rule.  This maximum participation rule is designed to prevent students from delaying education in order to gain any sort of competitive advantage.  This was clearly not the case with Jackson.  My decision to move him back to the 8th grade was for academic reasons.  Jackson could not have remained at Landmark otherwise, and the results would have been devastating.

Jackson has remained at Landmark and has been a member of the football team all three years of high school.  He continues to struggle academically but continues to receive accommodations for his disabilities.  He is not a talented athlete, and he will not go on to play college football.  Jackson just wants to be on the team, and possibly get to play some his senior year.

In order to have eligibility reinstated, a “hardship application” has to be filed with The Georgia High School Association.  According to the GHSA Constitution, 1.68 (a), “The GHSA Constitution specifies that the hardship issues must be beyond the reasonable control of the persons involved.”   Landmark’s Athletic Director filed the hardship application and Jackson had his hearing in April 2015 in front of the full 64-member board.  We had a grand total of 15 minutes to present our case.  I could talk for hours about Jackson and his journey with all of his learning disabilities, but not 15 minutes!  The Athletic Director and I spoke for a few minutes, and then we were asked questions.  I knew by the tone of the questions that we were going to be denied.  I looked at my son and could see the hurt and disappointment on his face.  The Board voted and our appeal was denied.  No explanation given.  The hardship application was received later in the mail with a simple “denied” stamped on it.

To be honest, I was stunned and outraged.  I am still outraged.  If there was ever a hardship application that should have been granted, it was this one!

My position is that neither Section 504 of the Rehabilitation Act of 1973 (Section 504) nor the Americans with Disabilities Act (ADA) were considered when the appeal was denied, and that Jackson’s disabilities were not given any merit in their decision.  I am asking that the GHSA grant a waiver of the eight semester rule as a reasonable accommodation due Jackson.

The Supreme Court’s interpretation of “reasonable accommodations” is any accommodation that does not require organizations “to lower or to effect substantial modifications of standards to accommodate” students with disabilities (Southeast Community College v. Davis, 1979, p.413), and that do not “impose undue financial and administrative burdens or require a fundamental alteration in the nature of the program" (School Board of Nassau County v. Arline, 1987).  By waiving the eight semester rule, my opinion is that Jackson would be receiving a “reasonable accommodation” because neither of the above mentioned conditions exists.

By supporting my petition, you will not only be helping Jackson, but hopefully, other student athletes behind Jackson that may one day have to make the same move that he did, and may need their eligibility reinstated.

I am asking that each of you join me in asking The Georgia High School Association to reconsider their decision, and to reinstate Jackson’s eligibility.  As a student athlete with learning disabilities, by granting a waiver of the eight semester rule they would be granting him the reasonable accommodations that he is legally entitled to.

Football practice has already begun and Jackson wants to be on that football field NOW!

Thank you,

Patti Harris Ayers

Peachtree City, GA