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Mooseheart High School student Rodrigue Makindu, top center left, applauds his teammates before a playoff basketball game between Mooseheart and Serena High School at Somonauk High School.
John J. Kim / Chicago Tribune
Mooseheart High School student Rodrigue Makindu, top center left, applauds his teammates before a playoff basketball game between Mooseheart and Serena High School at Somonauk High School.
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The Mooseheart Red Ramblers are scheduled to play in a high school boys basketball regional final at 7 p.m. Friday in Somonauk, but their exact roster will be determined by a judge a few hours earlier.

After hearing about an hour of arguments in his courtroom Thursday, Kane County Judge David Akemann said he would decide Friday whether Mooseheart junior Rodrigue Ceda Makindu can play basketball for the Batavia residential school.

The Illinois High School Association authorized a bylaw in January 2013 that made Makindu, an 18-year-old native of Congo, ineligible to participate in sports.

After Aurora lawyer Judd Lofchie read a local newspaper story in January about Makindu’s plight, the attorney filed a court complaint to allow Makindu to play for the Red Ramblers.

Makindu has been practicing with Mooseheart and would be an early substitution off the bench. The Red Ramblers are ranked ninth in the state in Class 1A.

At Thursday’s hearing, Lofchie said the bylaw discriminated against Makindu’s constitutional right to be treated the same as all Illinois high school students.

The bylaw limits international and foreign exchange students’ participation in sports to one year and only if an “approved student exchange program” coordinates the students’ placement in school. Those programs are too expensive for many international students, Lofchie said.

Plano High School athletic director Jim Schmidt placed Makindu at Mooseheart in October 2012.

IHSA attorney David Bressler said the bylaw is in place to protect the competitive balance for all high schools.