This will knock your socks off!

[just1np]

I was surfing the web and found something I totally did not see coming! I found a page of a law firms web site refering to the Supreme Court's ruling in the Brentwood Academy v. TSSAA case.

The reference is towards students with DISABILITIES. I want you to keep that in mind as you read, I'll get back to it.

This firm, as most, keep a very close eye on the Courts rulings. They go explain the basic summary of the case which is this:

BA wanted to sue TSSAA after the whole recruiting thing, claiming TSSAA is a government entity. TSSAA said, "no we aren't", protesting that it is comprised of volunteers and not funded in any way by Tennessee.

The Supreme Court ruled 5-4 that TSSAA is indeed an "arm" of the TN state government and could be sued.

Now the reason that this is relevant to a law firm in West Virginia is, as I said, children with DISABILITIES.

Here is the interesting part I refered to earlier:

If a student has a learning disability and cannot maintain the grades TSSAA(or other such entity) requires for eligibilty or has to be held back because of his disability( a 19 year old cannot compete under TSSAA rules) the TSSAA(as an "arm of the government) cannot deny that child the right to participate in extracuricular activities, such as football!

So guys, you might as well let whomever you want on your team!If you can provide evidence that your "ineligible" player has a learning disability he cannot be denied, for the TSSAA is now considered part of the TN government!-heres the link to the firms page-http://www.reedmartin.com/supremecourtcase...ledstudents.htm

I, at this point, have to agree with ELA about change!

If TSSAA cannot enforce its rules then we cannot compete, regardless of public/private!

One last thing: Since TSSAA is now an "arm of the government", all of those championships that BA won mean #$^#

[VolunteerGeneral]

I was with you until the last part of your post...

 

I, at this point, have to agree with ELA about change!

If TSSAA cannot enforce its rules then we cannot compete, regardless of public/private!

One last thing: Since TSSAA is now an "arm of the government", all of those championships that BA won mean #$^#

 

Who exactly is WE? And why does that mean that BA`s championships aren`t worth #$^#? I just didn`t understand your conclusions on that.

[ELA]

Let me clarify what you are saying about students with LEARNING disabilities. If a student has a MEASURED LEARNING DISABILITY, he can't fail because of grades! This is something no private school has to deal with!

 

If I have a student with an IEP (Individual Educational Plan) in my class who can't complete the work or pass written assignments, I must modify how I measure his/her ability to learn within the context of my GE (general education) class (i.e.history/political science, etc). If I feel the student has not tried hard enough and is capable of passing but simply refuses to do the required work, I can't just give them the grade they have earned. If I put a failing grade in my gradebook (computer) I must back it up with all sorts of documentation. About the only way a student with an IEP ever fails in a public school is if they simply don't show up for class!

 

Many public school coaches use this as a way to keep players eligible. Once a border line student is certified as a special needs student with a learning disability, he/she has no problem passing as long as they half way try! This is a simple reality in all public schools nationwide.

[ELA]

The other term you mentioned that was in the language of the Supreme Court Ruling was STATE ACTOR. This is an issue that I think the TSSAA is going to address after the lawsuit. They need to find a way to reorganize into a functioning independent organization that can't be considered a STATE ACTOR by the Courts. This may require a top-to-bottom overhaul to create and I doubt many across the state are ready for these changes.

[just1np]

ELA has been saying "change is coming soon" and I always thought he meant it was because of the ongoing relations between public schools and private schools. Now I realize that the change is going to caome in the form of an "overhaul" as ELA said in his last post.

The TSSAAs ability to function as it was originally organized has nothing to do with public/private.

And that last part was just an opinion and it would apply to everybody, not just BA, but they are the reason we are talking about this.

Look, at the very least TSSAA can now be sued and are currently being sued. If others, for whatever reason, decided to jump on the bandwagon, the TSSAA would have to go to court and that costs money. The current case is going to cost them plenty, but, as on the football feild, BA is only concerned with winning.

This whole thing may very well end up in a split of public schools and private schools, but it wouldn't be because of ongoing animosity or trying to "level the playing feild".

It will be as simple as state funded entities versus privately funded entities. I don't think that is the ONLY possible outcome, but a very strong possibility

[just1np]

Who determines if a student has a Measured Learning Disability? The school, state, the Fed, or a Doctor?

And, either way, if a situation arose where a kid(w/ disability) was deemed ineligible becuase he wasn't "trying" hard enough, the parents could still sue! THey might not win but those legal fees add up!

Its all about making an arguement.

[ELA]

The local school board hires a child psychologist to administer a test (W-III) to students who are recommended through the school staff. This has been done for at least twenty-five to thirty years (or more). The only thing different about this might be new or pending legislation before the Federal Courts. Some school system in the nation is always being sued over "Special Needs" kids.

[TheEgoHasLanded]

I know at Harding Academy after the first 6 week period a kid must sit out if he is failing TWO classes or has anything lower than a C average (I think the TSSAA is like a C-). So just because schools don't have to punish their kids for academics, doesn't mean they dont. Contrary to what you guys might think, some private schools care more about academics then athletics.

[just1np]

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United

States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or

immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due

process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

[ELA]

TSSAA rules state that if a student passes 4 of 6 (or 6 of 8 on the block) classes during the previous school year, he is eligible to play. It has nothing to do with the previous quarter, or grading period.

[ELA]

What you should really be searching for is the 1973 or '76 laws regarding special education and students with diasbilities act(s), and see how they relate to your topic. The 14th amendement is mainly focused with the freeing of the slaves and their constitutional rights after the Civil War.

[Cocky]

ela, I think you proved Ego's point even more.