ST. PAUL, Minn - A St. Paul family is suing the Minnesota state high school league after the league ruled that their son wasn't eligible to play sports this year.
The reason had nothing to do with behavior or grades. The student simply spent a year living with his father in Mexico.
Like for many high school students, sports are very important. But to Franco Torrescano, family means more.
Franco lives in West St. Paul with his mom and stepdad. But he wanted to spend one year living with his father in Mexico.
"He's like very very important to me," Torrescano said.
Franco thought his sophomore year was the perfect time to do it, because he wouldn't miss playing varsity soccer with his friends at Cretin-Derham Hall.
But what Franco didn't know -- is that when he returned for his junior year, he would miss varsity soccer. Because the Minnesota State High School League ruled him ineligible.
"I would say it's not fair," Franco said.
"I thought it was ridiculous. Ridiculous. I never understood the reason," said Franco's mother Victoria De La Torre.
The Minnesota State High School League told Franco that because he transferred, he would have to miss a full year of varsity sports.
The league allows children of divorced parents to transfer once. But they denied Franco that waiver, saying going to Mexico and back equals two transfers.
"I mean, he didn't do anything wrong and he got punished for something that was not his fault. It was just life," said De La Torre.
And the league didn't grant Franco's family an appeal hearing until the soccer season was nearly over.
So his family hired a lawyer and filed a federal lawsuit.
"What interest does the MSHSL have in preventing a kid like Franco from returning to MN, participating in MN sports, and being reunited with a parent in MN?" said attorney James Smith.
Just last week, the state high school league changed course and reinstated his eligibility.
"Next year I'll play varsity hopefully," Franco said.
But Franco says that doesn't give him his junior season back.
Even though Franco has his eligibility back, his family isn't dropping this lawsuit. They want to prevent the same thing from happening to other students like Franco.
Cretin-Derham Hall Athletic Director wrote in a statement: "CDH feels the student should have initially been offered a hearing when requested. The results of that initial hearing should have allowed the student to be eligible to participate in varsity sports."
Dave Stead, the executive director of the Minnesota State High School League, said no one from the MSHSL could comment because of the lawsuit.