WBOY.com: Clarksburg, Morgantown: News, Sports, WeatherMHS Parent and Teacher Pushes to Overturn Eligibility Rule

Two Morgantown families recently took the Monongalia County Board of Education to court and won.

The court overturned a rule that prevented their children from participating in athletics this year.

Jennifer Secreto has been teaching at Morgantown high school for years.

When her daughter graduated from St. Francis Catholic School, the Secreto's requested that their daughter attend Morgantown High School.

Living only minutes away from M.H.S. in Westover, the Secreto's are in the University High School "Attendance Zone."

"The Monongalia County Board of Education has a specific rule," explained Bryan Edwards, the Secreto's and Giuliani's attorney. "And to my knowledge, they are the only county in the state that has this rule. That basically states that if a child transfers from one school to another, regardless of the reason, that they have to sit out. They cannot participate in interscholastic activities for one year."

The rule, which goes against regulations set by the West Virginia Secondary School Activities Commission, would require both teenagers ineligible to play basketball during their freshman year.

"The problem, not only was this rule so overbroad, it was punishing all students on the premise that they were being recruited," added Jennifer Secreto. "And that was not the case here. The reason the rule was incredibly bad, is because it was not regulated fairly."

The W.V.S.S.A.C. rule still prohibits transferring schools on the grounds of recruiting.

Judge Phillip Gaujot overturned the rule in early February, for the following reasons:

1: "The Monongalia County Board of Education has no authority to prevent the minor Petitioners from participating in interscholastic athletic events because it delegated all control, supervision, and regulation of interscholastic athletic events to the West Virginia Secondary School Activities Commission."

2: "The Monongalia County Board of Education transfer rule is arbitrary and capricious in that it targets a problem that is, at best, only rumored to exist."

With the rule overturned, both teenagers are now able to participate in the sport of their choice. As well as many other students, who transferred in to Morgantown High School from within the county.

"It's truly what is in the best interest of all students. As an educator, of course you don't even have to be an educator to know, that when kids are involved in clubs and extracurricular activities, it's just better for them. Research has shown that," added Secreto.

The full order granting permanent injunctive relief from Judge Gaujot can be found by clicking on the link.