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No Child Left Behind / Transfer rule


yellowjacket2
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Green Wave, go over what I said again.  No school is REQUIRED to participate in athletics in the state of Tennessee.  As a matter of fact, there is one right here in Nashville that does not;  The Nashville School of the Arts. They have no sports teams whatsoever.  Also, the judgement by the Federal Court of Appeals (which overturned a decision by the State Supreme Court) is currently under appeal.  It cannot be used as precedence just yet.  As bad as I hate to say it, without the TSSAA high school sports in the state of Tennessee as we know it, would not exist.  Why do you think the private schools have not just pulled out and started their own association?  They do not want the headache.  I know you are mad at the TSSAA about the Shipley kid, but the honest truth is he was living down the street from my mom in Hermitage until he got turned in.  I saw him all the time. He is a good kid that got caught in the middle.  He didn't want to be at McGavock and they tried to circumvent the rules.  It had nothing to do with Gallatin.  They didn't know.  Sorry.

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This has nothing to do with the Shipley case. (he was also seen my many in Gallatin at his grandmothers house)

 

Just this year the Federal Court ruled that the TSSAA was in fact an arm of the government. The final verdict has not been handed down but this was released sometime this spring. True no school is required to have an athletic program. But no one can be handicapped by such policies that would hinder a student to participate if the kid meets the requirements. I believe it says something like the student will be given all opportunities afforded at the new school. Note also that the TSSAA was given the authority to regulate the state athletics via the legislature in the 70's. Not sure of the exact wording or timeframe though.

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The only way this will become an issue is IF and ONLY IF a SCHOOL is listed on the "failing schools list" and a student who is NOT FAILING is allowed to transfer to another school in the district that is NOT on the failing list. Since it will be court ordered, the TSSAA will not have any choice but to allow the transfer because it WAS NOT DONE FOR ATHLETIC REASONS. The student will still have to have everything approved by the two schools and the TSSAA because there are other things at play here other than just academics or the NCLB LAW. The student will have to prove that the school he is leaving is in fact, ON THE LIST OF FAILING SCHOOLS and that his right to transfer to another school in his district that is NOT ON THE LIST of failing schools is within the parameters of the law and inside the jurisdiction of the school board. A student can't just say, "I'm not learning here so I want to go there." Like someone else said, "IF the boy is failing" to begin with, it doesn't matter because he will not be allowed to play until he brings his grades up for the next school year.

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The only way this will become an issue is IF and ONLY IF a SCHOOL is listed on the "failing schools list" and a student who is NOT FAILING is allowed to transfer to another school in the district that is NOT on the failing list.  Since it will be court ordered, the TSSAA will not have any choice but to allow the transfer because it WAS NOT DONE FOR ATHLETIC REASONS.  The student will still have to have everything approved by the two schools and the TSSAA because there are other things at play here other than just academics or the NCLB LAW.  The student will have to prove that the school he is leaving is in fact, ON THE LIST OF FAILING SCHOOLS and that his right to transfer to another school in his district that is NOT ON THE LIST of failing schools is within the parameters of the law and inside the jurisdiction of the school board. A student can't just say, "I'm not learning here so I want to go there." Like someone else said, "IF the boy is failing" to begin with, it doesn't matter because he will not be allowed to play until he brings his grades up for the next school year.

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100% correct

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Local schools are paired up with a "failing" school i.e. Soddy-Daisy is paired with Howard, Ooltewah is paired with Brainerd. This clause does not allow a student to just transfer to any school in the system if his school is not meeting standards it is defined which schools will be offered for each "failing" school. Look for the athletic programs at the 2 above mentioned schools to improve due to the new imports from brainerd and howard.

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Local schools are paired up with a "failing" school i.e. Soddy-Daisy is paired with Howard, Ooltewah is paired with Brainerd.  This clause does not allow a student to just transfer to any school in the system if his school is not meeting standards it is defined which schools will be offered for each "failing" school.  Look for the athletic programs at the 2 above mentioned schools to improve due to the new imports from brainerd and howard.

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This is an effective plan for larger districts but will not necessarily work for rural districts. Take for example Greene County. Only one of its 4 high schools met the standards (South Greene) and it happens to have the best athletic program of the 4 schools. The point however is moot because Greene County has open enrollment. The only thing that has slowed complete athletic dominance of South Greene and Greeneville High in this county is the TSSAA transfer rule. Will NCLB eventually make it easier for these students to circumvent the transfer rule? If so it will soon spell disaster for the athletic programs at the remaining schools.

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NCLB states that any student in a school that has failed to meet adequate yearly progress and is identified on the state list as a targeted school may indeed transfer to a school that is not on the targeted list. It also states that child will have no penalties because of the transfer. This will override any TSSAA action or Board Policies concerning athletics. So if football player is attending a targeted school and wants to transfer to a school that is not targeted, and hypothetically will have a more competitive football team, they may do so under the guise of escaping a targeted school.

 

There have not been established quidelines yet as to how many times an athlete can do this. Say school number 2 becomes target, conceivably young athlete before he hits senior year could go to third school.

 

This is a nightmare for coaches and TSSAA! But it is federal guidelines.

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NCLB states that any student in a school that has failed to meet adequate yearly progress and is identified on the state list as a targeted school may indeed transfer to a school that is not on the targeted list.  It also states that child will have no penalties because of the transfer.  This will override any TSSAA action or Board Policies concerning athletics.  So if football player is attending a targeted school and wants to transfer to a school that is not targeted, and hypothetically will have a more competitive football team, they may do so under the guise of escaping a targeted school.

 

There have not been established quidelines yet as to how many times an athlete can do this.  Say school number 2 becomes target, conceivably young athlete before he hits senior year could go to third school.

 

This is a nightmare for coaches and TSSAA!  But it is federal guidelines.

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Until the courts step in and clearly define this, it will be full of ambiguity! There is a school board in Southern California that is pushing a case through the courts right now that may blow the whole NCLB law out of the water if it goes to the Supreme Court based on a constitutional issue. The Federal Government does not have the authority to force the states to do anything with regard to education because the Constitution does not provide that power to the federal government. In essence, the whole NCLB Law is voluntary and if a state or a local school board is willing to take less federal money they don't have to fool with it. Also, there is not one word in the NCLB law regarding athletic performance and since the higher courts have ALREADY stated in three different cases regarding drug tests that extracurricular activities are not a STUDENT'S RIGHTS, each school board has the authority to regulate who plays and who doesn't.

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