Felons playing high school sports?
Is it as big an issue as an opinion writer says? That depends on your point of view.
Just the other day, Tuesday, January 9, there was an opinion column in The News & Observer bashing a rule that until recently was part of the North Carolina High School Athletics Association but is today a policy set by the North Carolina Board of Education that prevents felons from participating in athletics.
The author of the column, Brandon Miller in his piece headlined Level the playing field in youth sports by eliminating this NC policy says the Felony Policy is bad and needs to be eliminated. He started his column by saying,
Across America, there exists a glaring disparity in access to safe and enriching recreational opportunities for youth.
He then tries to dig deeper and takes digs at the policy in North Carolina. From his column, Miller seems to say it’s a situation that runs rampant in North Carolina. Without many (or any) facts, his opinion infers more than one and less than tens of thousands convicted felons of high school age are being denied the development of life through athletics. Facts in North Carolina do not support his claim, no matter how small or large.
So, I reached out to NCHSAA Commissioner Que Tucker, asking: How many students have been denied participation because they are convicted felons? This year, last year, the past 10 years, etc. I do not seek the names, just the numbers. She responded.
From Que Tucker:
The information you seek will be very difficult—if not impossible—to provide. The rule was approved during the 1997-1998 school year and went into effect in during the 1998-1999 school year. It was then up to the schools to know the rule and enforce it.
So, if there was a convicted felon, the school could have simply enforced it and never inquired of or shared it with NCHSAA Staff. There were those times, a school would reach out just to confirm the rule or ask a question. But it never rose to a level that we would have tracked it.
I can say this with certainty: From Fall 1998- Spring 2023, we neither received an appeal from the membership nor a request to get rid of the rule. Now in late Spring of 2023, the State Board allowed a student who had been deemed a convicted felon to play. They set aside our rule, which was a FIRST!
So, the State BOE bypassed NCHSAA policy and made an exception. Obviously, the circumstances, prior to the meeting of the NCBOE, for that individual warranted felon non-participation. One wonders if the same exception can and will be made for other felons. One wonders the connection of the Board Member who made the request (if that’s what happened) and the felon. Inquiring minds want to know.
To read the current rule, click for pages 24-25 on the 2023-24 NCHSAA Handbook: 1.2.13 Felony Rule. It starts with:
1.2.13 Felony Rule - No student shall participate in interscholastic athletics after being convicted of a crime classified as a felony under the laws of North Carolina, the United States, or any other state.
The only difference, as far as we can tell, between the old rule referred to by Commissioner Tucker and the current rule as written by the State Board of Education says: Prior to deeming the student ineligible, the NCHSAA shall receive a certified copy of a criminal record reflecting the conviction and verify that the student is the same individual identified in the criminal record.
In the inquiry of Que Tucker, we also reached out to Chris Blanton, current President of the NCHSAA, who is the Assistant Superintendent of Watauga County Schools, and who responded:
From Chris Blanton:
Thanks for reaching out and sharing the article. I would echo Commissioner Tucker's response that it would be virtually impossible to determine a number given the nature of this policy. While I can't speak for all schools, I can say that I was a high school principal for 10 years in 2 different schools and I only recall 1 time I had to deny a student-athlete the ability to participate because they committed a felony. That being said, I feel certain there are schools where it has happened on a more frequent basis and some where it may not have happened at all in 10 years. I don't believe I have ever had a conversation with a principal, coach, (athletics director), superintendent, etc. who has expressed a concern with the policy.
The State Bard of Education usually kicks high school athletics participation policy to the North Carolina High School Athletics Association except for the case in the spring of 2023 when the State Board made the exception pointed out by Commissioner Tucker. There are middle school participation rules, set by the NCBOE, that do not allow felons to play.
Mr. Miller, the opinion writer, was given more than 20-column inches of space in the print/e-edition of The News & Observer, just over 600 words to make an issue out of what seems to be a non-issue except for the few not the masses.
While athletics is a great way to teach positive actions to those who have erred, keeping the policy is not a bad thing, especially when the stats—not evident in Miller’s opinion piece—show the issue is not running rampant, though preventing one felon from playing could be the same as stopping multiple felons, depending on who is asked.
Kudos to Miller for having his thoughts published. Maybe the editors at the newspaper decided to take Miller’s thoughts as gospel, allowing him the space to vent. Maybe there are some personal reasons for Miller to submit his “other opinion” piece. Maybe the newspaper needs to follow up and ask NCHSAA Commissioner Tucker and others at NCHSAA about the subject.
Oops. We just did, in just over 900 words! It’s not a deep subject that’s easy for agreement or disagreement, but it does provoke thought. There needs to be more facts and less opinion by Miller to substantiate his stance.
Not all felons are alike but all would be welcomed to play high school sports if the rule is rescinded. Is that a good thing, or not?
Can Felons attend high school in North Carolina?
That’s a question we asked the artificial intelligence site Google BARD. Here’s the answer which has not been confirmed, taking Google BARD at its words:
In North Carolina, the ability of individuals with felony convictions to attend high school depends on several factors:
Age:
Juveniles: If someone is convicted of a felony as a juvenile, they retains the right to attend public school, though they may be placed in alternative educational settings depending on the nature of the offense and their individual needs.
Adults: Individuals convicted of felonies as adults who are still within the age range for compulsory education (typically 16-18) can also attend public high school. However, this may occur in alternative settings if deemed necessary.
Sentence status:
Individuals in jail or prison: Those serving active sentences in jail or prison for felony convictions cannot attend public high school.
Individuals on probation or parole: Individuals on probation or parole for felony convictions can usually attend public high school, though specific conditions or restrictions may be imposed based on their individual circumstances.
Local policies:
Certain schools or districts may have their own policies regarding admitting students with felony convictions. These policies should not conflict with state law but may involve additional requirements or restrictions.
Overall, individuals with felony convictions in North Carolina are generally not barred from attending high school, especially if they are still within the compulsory education age range. However, the specific circumstances of each case, including the age of the individual, their sentence status, and any local policies, will determine the details of their attendance.
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