CHICAGO (CBS) — A Chicago father said Wednesday that he has no choice but to save his son’s chances of making the state championship.

Kevin Sterling’s son runs for Jones College Prep, and state regionals for cross-country are set for this weekend. But because of the ongoing teachers’ strike, the team can’t compete.

Only schools that have started the beginning level of competition for the postseason can participate.

Sterling on Tuesday sent a letter to the IHSA saying their wording is confusing.

“The IHSA Handbook fails to specifically define what constitutes the beginning level of competition,” Sterling told CBS 2’s Charlie De Mar on Tuesday.

Sterling argues last week’s Public League Cross-Country Championship counts as the beginning of postseason competition, and therefore the kids should be able to run in regionals this weekend – despite the strike.

“This is not about the strike and I’m not picking sides,” Sterling said. “This is about doing right by our kids, and not making them the victim of what’s going on at the negotiating table.”

Sterling met with the IHSA on Wednesday to argue that the previous meet should quality, but he said the IHSA won’t budge.

Thus, he plans to file a lawsuit as early as Thursday morning.