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Fayetteville to forfeit 6 wins


MidTennFootball
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My final thoughts on the matter prior to the appeal.

The intent of the territory definition and rule seem clear.  The TSSAA gives full authority over area served to the local school board.  That's inarguable, in my opinion. 

The territory rule mentions both 'geographic boundaries and bus routes' as defining the territory, without giving any guidance as to which governs if there is a conflict.  Menees' ruling gives complete deference to bus routes and ignores geographic boundaries entirely. 

Now, FHS and LCHS are in two entirely separate systems - this is important.  There is no authority anywhere that gives the right to define area served to anyone other than the individual school boards.  Since 1978, there have been no 'zones' for high schools in Lincoln County established by anyone, anywhere (beyond Menees).   

I believe that the 'bus route' specification is intended to define which high school is to be attended in a multi-high school system that has buses.  The bus that comes by your house obviously shows what the school board's intent is if the system has multiple schools.  And the TSSAA rules clearly intend to defer to the school board to decide which students are meant to attend which school.

Menees' ruling depends 100% on bus routes and ignores 'geographic boundaries' entirely.  What could justify that, when both are mentioned?  Not only are they both mentioned, but 'geographic boundaries' is mentioned first.  That's obviously not alphabetical order.  Absent any other guidance, this order for the specifications implies that the geographic boundary definition is more important than the bus routes specification.  You might like to argue that point, but it is not arguable that there is no remote indication that bus routes are to be considered superior.  I believe bus routes are meant to be used to fully understand the school boards intent when there are multiple high schools and zones in a system - that is both logical and of clear and common practical use.  I think it's also meant to provide as much convenience as possible for a student and family.  

I believe that Menees' ruling incorrectly conflates FHS and LCHS as if they are a part of a single system.  If that were the case, the consideration of the two system's bus routes would reasonably define the intention of a theoretical single school board.  I think it is clear that, instead, the two Boards are in clear competition and not cooperation with each other (I and many others can assure you of this).  If the two Boards had 'agreed' on where each would run buses, then I'd agree with Menees.  They did not and do not plan anything together, including bus routes. 

In the end, the TSSAA clearly intends that the local school board be the only authority that defines their territory.  A competing school board is not granted this authority.  There is no prohibition or regulation of overlapping school systems with respect to area served. 

It is 100% clear that the Fayetteville School Board explicitly defines their geographic area to be all of Lincoln County.  The bus routes are merely reflective of economic realities and in 50 years have never had anything at all to do with where the Fayetteville School Board expects their students to come from.  The TSSAA rules seem to be clearly intended to defer entirely to the local school boards intent with regard to territory.  In this case, that intent is clear. 

 

 

 

Edited by PullinGuard
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