I won a case like this for a young lady here in Nelson County several years ago. Got an injunction and she played for 2 years while the litigation dragged on.

 

I'll bet dimes to dollars what they ruled was that the "move did not reasonably precipitate the transfer" because his address changed long before the school change occur. KHSAA says you can't do that, but its a bogus rule unless someone cries foul about recruiting, and they hardly ever do. His lawyer needs to look at the Cammack case if in fact this is the scenario.

 

I think someone should do an open records request for how much taxpayer money KHSAA has spent on lawyer fees ($250 per hour to the lawyers at Greenebaum Doll & McDonald?) in the past decade over ridiculous, frivolous cases.

 

Now, this is an awesome post!!:ylsuper:

I bet that's what it was.

 

But if you notice the "C" in case is capitalized and I thought he was referring to a Belfry resident whose name is Mitchell Case or one of his children.

 

I should have put 2 & 2 together there......thanks.

 

My error. My post was referring to the Mitchell case at Highlands, not Mr. Case of Belfry. Thanks for bringing that up, I wouldn't want any confusion on that.

How far did this kid move?? (miles) It sounds like if he moved from johns creek to ratliff creek, it wasn't much of a move. I think, according to KHSAA rules, he sits.

Moving out of the school's boundaries would not make him eligible at Pike Central. The way I understand the rule, there's no way he can be eligible at Pike Central, short of a court ruling. He should have played at Pike Central to begin with and he wouldn't have the problem.

 

I would assume that had he moved out of Pike's district PRIOR to enrolling in a Pike school, he would have then been eligible.

I'll respectfully disagree. If he simply moved WITHIN the same school district, its not legit IMO. He sits.

 

I agree because I think that is exactly what the KHSAA bylaw on transfers addresses. According to Bylaw 6, this is not a bona fide change of residence.

 

From Bylaw 6:

For purposes of this bylaw, a bonafide change of

residence means the moving permanent residence of

the entire family of the student and his/her parents

from one school district or defined school attendance

area into another school district or defined school

attendance area prior to a change in enrollment of the

student.

I won a case like this for a young lady here in Nelson County several years ago. Got an injunction and she played for 2 years while the litigation dragged on.

 

I'll bet dimes to dollars what they ruled was that the "move did not reasonably precipitate the transfer" because his address changed long before the school change occur. KHSAA says you can't do that, but its a bogus rule unless someone cries foul about recruiting, and they hardly ever do. His lawyer needs to look at the Cammack case if in fact this is the scenario.

 

I think someone should do an open records request for how much taxpayer money KHSAA has spent on lawyer fees ($250 per hour to the lawyers at Greenebaum Doll & McDonald?) in the past decade over ridiculous, frivolous cases.

IMO, you should be careful of a couple of things. With your other involvements, a post like this probably represents the ultimate conflict of interest. Secondly, a case dismissed because it moots itself when procedural moves delay it over and over is hardly a won case (maybe I have some misinformation about this particular case, but past Open Records Requests showed that was the result). I have followed these cases for years and the member schools continually want the rules enforced on 279 schools. Trouble is, there are 280 members. If the kid you represented were at BHS or Bethlehem, I am betting Nelson would have wanted it enforced. If this current kid was at East Ridge or Shelby Valley and an injunction issued, then Pike Central would be raising Cain. The schools make the rules, and have every bit of authority to change them.

I have followed these cases for years and the member schools continually want the rules enforced on 279 schools. Trouble is, there are 280 members. If the kid you represented were at BHS or Bethlehem, I am betting Nelson would have wanted it enforced. If this current kid was at East Ridge or Shelby Valley and an injunction issued, then Pike Central would be raising Cain. The schools make the rules, and have every bit of authority to change them.

 

 

Very true.

I agree because I think that is exactly what the KHSAA bylaw on transfers addresses. According to Bylaw 6, this is not a bona fide change of residence.

 

From Bylaw 6:

For purposes of this bylaw, a bonafide change of

residence means the moving permanent residence of

the entire family of the student and his/her parents

from one school district or defined school attendance

area into another school district or defined school

attendance area prior to a change in enrollment of the

student.

 

I am not sure of the particulars, but I do know KHSAA makes some rulings without much investigation. I know a young man who missed five games of his senior year this year for the simple fact he moved within the school district. His family had moved for financial reasons and if I am not mistaken, their house was fore closed, but they declared him ineligble. The school appealed and the young man won and was allowed to play. This was all done before the season started, but the kid is the one who suffered.

I am not sure of the particulars, but I do know KHSAA makes some rulings without much investigation. I know a young man who missed five games of his senior year this year for the simple fact he moved within the school district. His family had moved for financial reasons and if I am not mistaken, their house was fore closed, but they declared him ineligble. The school appealed and the young man won and was allowed to play. This was all done before the season started, but the kid is the one who suffered.

 

A common misconception is that transfer students are eligible unless the KHSAA declares otherwise. Truth of the matter is, they are automatically ineligible for 1 year. They have to apply to the KHSAA for a waiver of the 1 year ineligibility rule to be immediately available. At which point the KHSAA investigates the information surrounding the situation and rules on the case.

 

Sometimes the rulings are quick and easy to make based on the information at hand, sometimes they take a little more investigating, and thus more time to hand down.

 

I am not aware of the particulars in this your case either. But this may help to explain why it took a little longer, especially since the kid was ultimately cleared to play.