UIL to Jesuit: You can suit up
Organization approves letting 2 private schools compete at 5A level; state OK still needed
01/14/2003
By RACHEL COHEN / The Dallas Morning News
Two private high schools could participate in the University Interscholastic League this fall after the organization's Legislative Council voted Monday to amend its bylaws.
Dallas' Jesuit and Houston's Strake Jesuit would become the only nonpublic schools in the league, which governs competition in athletics and other activities. The rule change, which still must receive final approval from the state's commissioner of education, would end more than two years of legal wrangling.
Only schools that do not qualify for other leagues can apply for UIL membership under the proposed rule. The Jesuit schools are the only two in the state that meet that criterion, according to the UIL. Both have competed as independents since the Texas Christian Interscholastic League folded after the 1999-2000 school year.
The schools would compete in Class 5A, the UIL's largest classification, and would not join a district for football until the 2004-05 school year.
"I'm delighted at their openness and friendliness," said the Rev. Philip Postell, Jesuit's president. "This was very significant in the history of the state of Texas and could not have been done without some pretty big open minds."
UIL director Bill Farney said he expected that many of the league's public members would not like the rule change.
"I can tell you that of the 21 people who voted, all 21 would rather not do it, but we thought it was better to do it on our terms and do it with people who are honorable like the Jesuits," said Legislative Council chairman Don Hendrix, superintendent of Crosby Independent School District.
Dr. Hendrix acknowledged that the ongoing legal developments influenced the council.
Jesuit, an all-boys Catholic school in North Dallas, filed a lawsuit in federal court in November 2000 requesting admission to the UIL. The case was dismissed in January 2002 by a U.S. district judge. The school appealed to the 5th U.S. Circuit Court of Appeals, which heard arguments in June but has not yet ruled.
Dr. Hendrix said that the delay suggested that the court might not uphold the dismissal.
Bills also have been filed in the state Legislature that would allow private schools in the UIL. Previous such attempts have failed, but the November election sent more potential supporters of the bills to the legislature, Dr. Hendrix said.
Dr. Farney said he expected that the commissioner of education, Felipe Alanis, would approve the rule change and that new district alignments for the 2003-04 school year would be announced in early March. The schools will have to wait a year to compete in UIL football. League rules prohibit new members from joining a football district in the middle of a two-year alignment cycle.
Neither side expected a hang-up in the Jesuit schools' applications, and both sides expected the lawsuit to be resolved if Jesuit is admitted.
Maryland and Virginia are the only other states in which public and private schools compete in separate leagues. In some states where they compete together, public school officials have complained that private schools enjoy an unfair advantage and build powerhouses by recruiting elite athletes.
Those issues also concern Texas public school officials, who point out that private schools lack attendance zones and can select students.
The Jesuit schools will have to abide by existing UIL rules, which prohibit recruiting and transfers for athletic purposes.
Dr. Farney said that the UIL would assign an attendance zone to each private school based on which public school's boundaries it is located in. Jesuit would have the same attendance zone as W.T. White under that arrangement.
Students who do not live in the attendance zone would be ineligible for varsity athletics in their first year at the school. They could compete in sub-varsity athletics that year.
Dr. Farney acknowledged that this rule would have little effect on the quality of the Jesuit schools' varsity teams. Most students enter those schools as ninth-graders, and few freshmen participate in varsity athletics.
Requiring the Jesuit schools to compete as small 5A programs will help offset any competitive advantages, Dr. Farney said.
Without the 5A requirement, Jesuit, with nearly 1,000 boys, would sit on the bubble between 4A and 5A. Strake, with a smaller enrollment, would probably be a 4A school.
Dr. Farney speculated that it would make sense to place the schools in a district that has an odd number of teams. Locally, two districts have seven members: 10-5A, which consists of Dallas ISD schools, and 4-5A, whose members span DeSoto to Weatherford.
UIL rules that require coaches to be school employees won't hinder Jesuit, Father Postell said. Private schools often use nonemployees as coaches, but he said that Jesuit has been preparing for potential admission to the UIL by moving toward an all-employee coaching staff.
UIL officials stressed that Monday's decision does not let in all private schools, just two with good reputations that had no other options. Without a league, the Jesuit schools had difficulty filling their schedules and could not compete for postseason championships.
"They have a history of not being renegades," Dr. Hendrix said.
The new rules make it difficult for other private schools to join the UIL. And Dr. Hendrix and Father Postell said they sense little interest from other private schools to join the league.
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