Attorneys working for the Stephenville Independent School District have filed a motion to have a federal lawsuit dismissed.

The district is being sued by Kevin and Angie McCully on behalf of their daughters, claiming SISD is in violation of federally adopted 1972 Title IX, which was drafted to ensure equitable treatment of male and female athletes who participate in federally funded programs.

The lawsuit alleges the district does not provide equal athletic facilities to female athletes and lists a number of complaints including unfair practice schedules, inadequate provision of uniforms and a lack of competitive opportunities afforded to girls participating on lower skill level teams at Henderson Junior High.

It also alleges that Joe and Rachel Carter, both employees of the school district, retaliated against the McCully's daughter after the complaints surfaced. The lawsuit names the Carters as "agents" of the school district.

But in a motion filed Sept. 20, attorneys asked the court to dismiss the lawsuit claiming the defendants have not proven the claim that SISD is in violation of Title IX or that the Carters acted on behalf of the school district.

Kevin McCully said Monday that his attorney, Afton Izen of Houston, has 21 days to respond.

"Then we will see what the judge decides," McCully said.