More than three years after the Oklahoma Secondary School Activities Association adopted rules regarding private schools and their success rate, Bishop McGuinness High School is fighting back.

The school announced Monday morning that it has filed a federal lawsuit to challenge Rule 14, which was adopted by the organization’s member schools in 2011 and forces private schools to play one level above their average daily membership if the school meets certain criteria.

McGuinness met the criteria in boys basketball after making the state tournament three of the past five seasons and is now scheduled to play at the Class 6A level along with the girls team, which has not had the same amount of success.

That is what the school deems unfair in its lawsuit filed in the U.S. District Court for the Western District of Oklahoma.