Judge ex­tends rul­ing, al­lows stu­dent in sport

Honolulu Star-Advertiser - - LOCAL - By Nel­son Daran­ciang ndaran­ciang@starad­ver­tiser.com

A state judge has ex­tended the tem­po­rary re­strain­ing or­der he is­sued to al­low a re­cent trans­fer stu­dent to con­tinue to play bas­ket­ball for Kapolei High School.

The par­ents of Kapolei ju­nior Jalen Miller are su­ing schools Su­per­in­ten­dent Christina Kishi­moto and the Oahu In­ter­scholas­tic As­so­ci­a­tion over the OIA’s trans­fer rule.

The rule, which took ef­fect July 29, 2015, says that a stu­dent who trans­fers from a Hawaii pub­lic high school to an OIA school must sit out a year be­fore par­tic­i­pat­ing in a sport in which the stu­dent par­tic­i­pated at the pre­vi­ous school. The rule al­lows stu­dents and par­ents to ap­ply for an ex­cep­tion but does not pro­vide a list of ex­cep­tions.

Be­fore the en­act­ment of the OIA rule, trans­fers in­volv­ing stu­dents at Oahu pub­lic schools were gov­erned by the Hawaii High School Ath­letic As­so­ci­a­tion Trans­fer Rule. The HHSAA rule does not re­quire stu­dents to sit out a year if they trans­fer to a pub­lic school in their home district.

The Millers live in the Kapolei school district, but Miller at­tended and played bas­ket­ball at Mililani High School last year. Ac­cord­ing to the fam­ily’s law­suit, Miller re­ceived a geo­graphic ex­cep­tion to at­tend Mililani be­cause his fa­ther worked there.

The Millers claim that Earl Miller’s em­ployer, BAYADA Home Health Care, has since trans­ferred him to the com­pany’s Lee­ward district of­fice and can no longer trans­port his son to Mililani. Jalen Miller’s par­ents filed their law­suit Nov. 2 seek­ing a tem­po­rary re­strain­ing or­der and pre­lim­i­nary in­junc­tion to block the OIA from en­forc­ing the one-year ban. Cir­cuit Judge Dean Ochiai is­sued a TRO, which was set to ex­pire Tues­day, the day he had sched­uled a hear­ing for a pre­lim­i­nary in­junc­tion. Af­ter meet­ing pri­vately with lawyers for both sides, Ochiai resched­uled the in­junc­tion hear­ing to Dec. 11 and ex­tended his TRO to that date. Un­til then, Miller is free to prac­tice with his Kapolei team­mates and play in pre­sea­son games. The OIA boys bas­ket­ball reg­u­lar sea­son starts Dec. 23.

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