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KARCZEWSKI | BRADSHAW L.L.P.

Attorneys and Counselors at Law

SIERRA D. FISHER
sfisher@kblawgroup.com
May 16, 2017

VIA OVERNIGHT DELIVERY


& EMAIL (cbreithaupt@uiltexas.org)
Dr. Charles Breithaupt
University Interscholastic League
1701 Manor Road
Austin, Texas 78722

RE: AEA CAMPUS ENROLLMENT REPORTING

Dear Dr. Breithaupt:

Our firm represents Livingston ISD and submits this correspondence to


the University Interscholastic League (UIL) to formally request that the UIL State
Executive Committee (SEC) publicly rescind Livingstons sanction of two years
probation and provide clarification regarding the procedure to report students
participating in alternative education for future enrollment reporting. In support
of the request we provide data establishing that UIL failed to apply enrollment
rules consistently to all school districts, rendering what appears to be, an
arbitrary sanction.

Historical Background

As you know, on February 9, 2016, UIL provided Livingston ISD notice


that the District was accused of moving 81 students to an alternative education
campus before the enrollment snapshot date on October 30, 2015, allegedly to
avoid realignment to 5A. (LISD UIL 056)

As explained in the Districts response dated February 14, 2016, this was
Livingstons first year reporting enrollment for an Alternative Education
Accountability campus. (LISD UIL 057-71) The instructions in the UIL portal
stated, [e]nter the applicable data in each specific box: . . . [n]umber of students
from this school attending alternative (disciplinary and non-disciplinary)

NACOGDOCHES HOUSTON BEAUMONT


315 N. CHURCH STREET 1601WESTHEIMER, SUITE 240 350 PINE STREET, SUITE 500
NACOGDOCHES, TEXAS 75961 HOUSTON, TEXAS 77006 BEAUMONT, TEXAS 77701
PHONE: (936) 564-0010 PHONE: (281) 501-6034 PHONE: (409) 951-1820
FAX: (936) 564-0020 FAX: (888) 726-8374 FAX: (888) 256-5107
PRINCIPAL OFFICE
May 16, 2017
Page 2

campuses. (LISD UIL 076) UILs Rule Section 351: Conference Based on
Enrollment states, [s]chools will include all resident students including those in
alternative settings. (LISD UIL 077) Livingston ISD understood school and
resident students to mean students affiliated with each TEA campus number.
Because the Districts AEA campus, Livingston Academy, does not participate in
UIL activities, has a separate campus number assigned by TEA, and is not listed
in the UIL portal, Livingston ISD did not report Academy student enrollment to
UIL for realignment purposes. Once notified by UIL that it should have included
AEA campus enrollment in the figures submitted for Livingston High School, the
District immediately cooperated with UIL and revised enrollment data for the
high school.

Following the enrollment revision, on March 18, 2016, the District


Assignment Appeals Committee conducted a Reclassification and Realignment
hearing and placed Livingston ISD into a 5A District. The Districts
administration was also required to appear before the SEC on March 22, 2016 to
provide the Committee an explanation for the misreporting. After determining
that nothing indicated intent on [the Districts] part to purposely falsify
enrollment data, the SEC nonetheless issued a public reprimand to Livingston
ISD for failing to correctly understand and apply the enrollment rules to the
LISD HS Academy. This public reprimand included two years probationary
status. (LISD UIL 072)

Similarly Situated Districts Treated Differently than Livingston ISD

At the time the District received its sanction from UIL, Livingston was lead
to believe it was the only school district in Texas that misunderstood the
meaning of resident students as it applied to AEA campuses. In fact, a UIL
official was quoted as saying [t]his is the first time she has experienced a school
reporting numbers that were not correct. (LISD UIL 072-73) However, through a
public information request, Livingston ISD received data that suggests at least 30
other school districts in Texas failed to account for students enrolled in an AEA
campus for UIL alignment enrollment. Of the 30 districts, at least 9 included high
schools that may have been aligned to a higher classification had AEA campus
enrollment been reported. Yet, despite the documented evidence, LISD was the
only district subjected to a hearing before the SEC and public sanctions. Enclosed

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is a summary of the data we pieced together reflecting inconsistencies in UIL and


PEIMS data reporting for districts with AEA campuses. (LISD UIL 001-04)

The documents responsive to our request for public information also


revealed that UIL investigated at least three school districts that failed to account
for AEA enrollment: Lufkin ISD, Brazosport ISD, and Bryan ISD. Please note, we
do not submit this information to request each district be further reviewed.
Rather, this evidence is submitted to demonstrate the wide-spread inconsistency
of both interpretation and application of UIL enrollment rules, which confirms
the arbitrary nature of the sanctions applied to Livingston ISD.

Timeline of Investigations

School Date UIL Began Date District Date UIL Issued


District Investigation Responded Decision

Lufkin November 5, 2015 November 6, 2015 and July 12, 2016


June 15, 2016

Livingston February 9, 2016 February 14, 2016 March 22, 2016

Bryan April 26, 2016 May 10, 2016 July 12, 2016

Brazosport May 19, 2016 May 27, 2016 July 12, 2016

Lufkin ISD

Lufkin ISD is the first school district UIL investigated regarding failure to
report AEA enrollment. On November 5, 2015, UIL notified Lufkin ISD that it
received a complaint concerning Lufkins enrollment numbers for the 2014-2016

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realignment. (LISD UIL 008-09) The Superintendent responded the next day
admitting a special classification of students . . . was missed due to an oversight
by our new principal. (LISD UIL 008) Lufkin ISDs attorney, Wayne Haglund,
then submitted correspondence to UIL on June 15, 2016, stating, [t]he
enrollment numbers submitted by Lufkin High School for October 25, 2013 did
not include the enrollment numbers from the Stubblefield Learning Center. The
Lufkin Independent School District believes that it was justified in this regard
because the Stubblefield School has its own distinct Texas Education Agency
number and is reported as an entirely separate campus, independent from
Lufkin High School. (LISD UIL 007) Stubblefield is Lufkin ISDs AEA campus.
During the 2014-2016 realignment, Lufkin ISD made the same mistake
Livingston ISD made, but it resulted in no hearing or sanction. Rather, after
evaluating Lufkin ISDs admission, on July 12, 2016, four months after Livingston
ISD was sanctioned for identical conduct, UIL responded, having reviewed the
districts submission related to its enrollment figures and concluding they are
bona fide, it is the UILs view that Lufkin ISD is in compliance with UIL rules
and policies governing its reclassification and alignment process. (LISD UIL
027)

Bryan ISD

On April 13, 2015, in correspondence to UIL regarding participation of


band students enrolled in the districts early college high school, Bryan ISD
Director of Fine Arts notified UIL that Bryan ISD was not counting students
enrolled in AEA campuses at their traditional campus. (LISD UIL 045) UIL
notified Bryan ISD that students should be counted toward the total number of
students in the traditional high school they are zoned for. Yet UIL did no
investigation and, to date, Bryan ISD has not been sanctioned. (LISD UIL 045)

One year later, on April 26, 2016, after receiving an unrelated report, UIL
notified Bryan ISD that it received a complaint concerning the districts
enrollment numbers for the 2014-2016 realignment. (LISD UIL 030) The
Superintendent submitted his response on May 10, 2016, stating, the enrollment
numbers from MC Harris [AEA Campus] were entirely omitted from the report.
(LISD UIL 033) Like Livingston ISD, the Superintendent cited MC Harriss
distinct TEA number, non-participation in UIL events, and prohibition against

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returning to the traditional education setting as evidence that its students should
not be included in enrollment figures for Bryans two traditional high schools.
(LISD UIL 033-34) The Superintendent also cited guidance from UIL, UIL
officials stated that the district did not have to include the enrollment number of
MC Harris students within UIL Realignment snapshot enrollment numbers for
Bryan High or Rudder High. (LISD UIL 034)

Unlike Livingston ISD, Bryan ISD defended its decision to exclude AEA
enrollment from its UIL alignment report, maintaining that the district remained
in compliance with all UIL rules. Despite the SECs sanctions on Livingston ISD
just four months prior for the same error, on July 12, 2016, UIL issued its ruling
in favor of Bryan ISD: Having reviewed the districts submission related to its
enrollment figures and concluding they are bona fide, it is the UILs view that
Bryan ISD is in compliance with UIL rules and policies governing its
reclassification and alignment process. (LISD UIL 047)

Brazosport ISD

On May 9, 2016, UIL received a report that Brazosport ISD failed to


account for AEA enrollment for the 2014-2016 realignment. (LISD UIL 048) UIL
notified the district of the complaint on May 19, 2016, and on May 27, 2016, the
Superintendent submitted his response. (LISD UIL 049) The response explained
that similar to LISDs High School Academy, Brazosport ISDs alternative
education campus has a separate TEA number and is held to different
accountability standards. (LISD UIL 051) As such, the district excluded
enrollment at the alternative education campus from enrollment data at the
districts two traditional high schools. Similar to Livingston ISD, the
Superintendent at Brazosport ISD apologized and certified that the district was
updating the enrollment numbers to include AEA students citing a
misunderstanding of the rules. Unlike Livingston ISD, on July 12, 2017, just four
months subsequent to the Agency issuing sanctions to LISD for the same
infraction, UIL accepted Brazosports explanation stating, having reviewed the
districts submission related to its enrollment figures and concluding they are
bona fide, it is the UILs view that Brazosport ISD is in compliance with UIL
rules and policies governing its reclassification and alignment process. (LISD
UIL 054)

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While the alignment years being investigated may vary, the decisions by
the Agency to label the reporting of Brazosport, Bryan, Livingston, and Lufkin as
either bonafide or sanctionable were made within a four-month time period,
each decision based on identical rationale and conduct by the reporting districts,
yet only Livingston was sanctioned. Because of the similarity of each district's
circumstances, the decision to sanction Livingston can be nothing but arbitrary.

Need for Clarification

Each school district UIL investigated pointed to ambiguity in the rules and
requested clarification, no different than Livingston ISD:

Brazosport ISD: We would welcome the University Interscholastic League


providing districts with greater clarity specifically referencing alternative
setting before the next submission . . . . Further clarification from U.I.L.
regarding how they define an alternative setting for student enrollment
purposes would go a long way toward eliminating future confusion or
errors in reporting. (LISD UIL 052)

Bryan ISD: UIL officials stated that the district did not have to include the
MC Harris enrollment numbers within the UIL enrollment numbers for
Bryan High and Rudder High. . .. In submitting enrollment information in
connection with the 2012-14 Realignment, the district did include MC
Harris enrollment numbers within the UIL enrollment numbers for Bryan
High and Rudder High. However, it was only after being provided the
above referenced guidance from UIL that the district made the decision to
omit the MC Harris enrollment information from its UIL 2014-2016
Realignment snapshot number. (UIL LISD 034)

Lufkin ISD: District submits that the UIL Constitution and Contest Rules
do not provide clear guidance to Lufkin [ISD] and other districts similarly
situated in the handling of and attendance reporting for the types of
special programs provided by this school district. (UIL LISD 018)

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Arbitrary Sanction Against Livingston ISD

We concur with these districts, and further reiterate the need that UIL
provide additional guidance, rather than issue an arbitrary sanction against
Livingston ISD as a warning to school districts state-wide. See SEC Hearing (I
think it is important that there be a reprimand so these schools know it is
important to follow through and make sure you have accurate information.).

With hindsight and clarification, Livingston ISD recognizes that it


misunderstood the enrollment rules. However, at least 30 other school districts
also misunderstood, and it is unjust for LISDs administration and district to be
branded as dishonest due to ambiguity and a good-faith error. As a member of
UIL, Livingston ISD relies on the League to fairly and consistently apply its rules
to all member districts. When inconsistencies occur, all decision making becomes
suspect. We understand that UIL is a vast agency with the largest constituency in
the nation, and that at times due to varying divisions and personnel involved in
oversight, inconsistency can occur without intention. As such, we formally
request that the UIL review the additional data we have supplied and publicly
rescind Livingston ISDs sanction and probationary status, and issue clarification
to the alternative education enrollment reporting guidelines.

On behalf of the LISD School Board and the students it serves, we thank
you in advance for the time you will spend reviewing the enclosures and
thoughtfully considering this request. Should we not receive a response to this
request on or before Thursday, May 25, 2017, Livingston ISD will be forced to
consider alternatives for equitable relief for the district.

Please contact me directly at 844-564-0010 or sfisher@kblawgroup.com


with any questions.

Sincerely,
KARCZEWSKIBRADSHAW L.L.P.

Sierra D. Fisher

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Enclosures

xc: Livingston ISD Board of Trustees


Dr. Brent Hawkins, Superintendent Livingston ISD

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The Livingston Independent School District

P.O. Box 1297


Livingston, TX 77351

Per unanimous board action on May 15, 2017 and the board members
signatures below, the Livingston Independent School District Board of
Trustees approves this correspondence and formally requests that the
University Interscholastic League publicly rescind the sanction and
probationary period issued to Livingston ISD on March 22, 2016. The
Board also requests UIL issue formal clarification to procedures for
reporting enrollment at alternative education campuses.

______________________________
Bea Ellis, President ______________________________
John A. Slocomb, Member

______________________________
Ben Ogletree, Vice-President ______________________________
Scott Paske, Member

______________________________
Marty Drake, Secretary ______________________________
Brent Hawkins, Superintendent

______________________________
Mike Nettles, Member

I am Lion Country www.livingstonisd.com


Livingston ISD UIL AEA Enrollment Exhibits

EX. # DESCRIPTION

1. AEA Discrepancies UIL 2016-2018 Alignment Data, LISD UIL 001-004

2. Conference and District Assignment Policies and Procedures 2016-2017 and


2017-2018 Realignment, LISD UIL 005-007

3. November 6, 2015 correspondence between Lufkin ISD Superintendent and UIL


Director of Compliance re Allegations of Enrollment Reporting Violation,
LISD UIL 008-009

4. May 5, 2016 correspondence from Lufkin ISD attorney to UIL Deputy Director re
Request for Extension, LISD UIL 010-011

5. June 1, 2016 correspondence from UIL Deputy Director to Lufkin ISD attorney
granting Request for Extension, LISD UIL 012

6. June 15, 2016 correspondence from Lufkin ISD attorney to UIL Director of
Compliance re Lufkin ISD response to Allegations of Enrollment Reporting
Violation, LISD UIL 013-020

7. June 2 and July 6, 2016 Correspondence between UIL Executive Director, Deputy
Director, General Counsel, Director of Compliance, and Director of Athletics
regarding UIL Decision in Investigation into Allegations of Enrollment
Reporting Violations at Lufkin ISD and Bryan ISD, LISD UIL 021-025

8. June 10, 2016 Telephone Conference between UIL Deputy Director and UIL
Director of Compliance regarding Lufkin ISD, LISD UIL 026
Livingston ISD UIL AEA Enrollment Exhibits

EX. # DESCRIPTION

9. July 12, 2016 correspondence from UIL Director of Compliance to Lufkin ISD
Attorney re Finding of No Violation in Investigation into Allegations of
Enrollment Reporting Violations, LISD UIL 027

10. May 21, 2016 correspondence from UIL Director of Athletics to UIL Executive
Director, Deputy Director, and Director of Compliance Enclosing Allegations of
Enrollment Reporting Violation at Lufkin ISD, LISD UIL 028-029

11. April 26, 2016 correspondence from UIL Director of Compliance to Bryan ISD
Athletic Director re Allegations of Enrollment Reporting Violation, LISD UIL 030

12. May 10, 2016 correspondence from Bryan ISD Superintendent to UIL Director of
Compliance re Bryan ISD response to Allegations of Enrollment Reporting
Violation , LISD UIL 031-046

13. July 12, 2016 correspondence from UIL Director of Compliance to Bryan ISD
Superintendent re Finding of No Violation in Investigation into Allegations of
Enrollment Reporting Violations, LISD UIL 047

14. May 9, 2016 correspondence from UIL Director of Compliance to UIL Executive
Director, Deputy Director, and Director of Athletics re Enclosing Allegations of
Enrollment Reporting Violation at Bryan ISD, LISD UIL 048

15. May 27, 2016 correspondence from Brazosport ISD Superintendent to UIL
Director of Compliance re Brazosport ISD response to Allegations of Enrollment
Reporting Violation , LISD UIL 049-53

16. July 12, 2016 correspondence from UIL Director of Compliance to Brazosport
ISD Superintendent re Finding of No Violation in Investigation into Allegations
of Enrollment Reporting Violations, LISD UIL 054
Livingston ISD UIL AEA Enrollment Exhibits

EX. # DESCRIPTION

17. May 9, 2016 correspondence from UIL Director of Compliance to UIL Executive
Director, Deputy Director, and Director of Athletics re Enclosing Allegations of
Enrollment Reporting Violation at Brazosport ISD
LISD UIL 055

18. February 9, 2016 correspondence from Livingston ISD Superintendent to UIL


Director of Compliance re Livingston ISD response to Allegations of Enrollment
Reporting Violation, LISD UIL 056-071

19. March 22, 2016 UIL State Executive Committee Sanction of Livingston ISD for
Enrollment Reporting Violation, LISD UIL 072

20. March 30, 2016 Media Coverage of UIL Sanction of Livingston, LISD UIL 073-074

21. 2016-2018 Realignment Instructions, LISD UIL 075-076

22. UIL Constitution, Section 351: Conference Based on Enrollment, LISD UIL 077
AEA Discrepancies UIL 2016-2018 Allignment Data

District Name Campus Name AEA En PEIMS EN UIL AT-EN UIL Total En Discrepancy
Azle ISD 90
Azle ISD Azle HS 1761 0 1762
Azle ISD Azle Hornet Academy AEA 91
Brazosport ISD 181
Brazosport ISD Brazosport Freeport* 1037 1037
Brazosport ISD Brazoswood Clute 2497 2497
Brazosport ISD Lighthouse AEC AEA 128
Brazosport ISD Lighthouse DAEP AEA 53
Bryan ISD 316
Bryan ISD Bryan* 2051 11 2062
Bryan ISD Bryan Rudder 1646 17 1663
Bryan ISD Bryan Collegiate 430 0 430
Bryan ISD DAEP 58
Bryan ISD MCH AEA 286
Canyon ISD 47
Canyon ISD Randall HS 1633 1633
Canyon ISD Canyon HS 1152 1149
Canyon ISD Midway HS AEA 47
China Spring ISD 6
China Spring ISD China Spring HS 764 1 765
China Spring ISD TAG AEA 7
Christoval ISD 123
Christoval ISD Christoval HS* 290 1 167
Christoval ISD Fairvew AEA 0
Cleaburne ISD 39
Cleaburne ISD Cleaburne HS 1760 15 1775
Cleaburne ISD Team Sch AEA 54

1 LISD UIL 001


AEA Discrepancies UIL 2016-2018 Allignment Data

College Station ISD 65.5


College Station ISD A&M Cons HS 1786 1774.5
College Station ISD College Station HS 1745 1743
College Station ISD Center For Alt Learning AEA 52
Copperas Cove ISD 49.5
Copperas Cove ISD Copperas Cove HS 2230 2230.5
Copperas Cove ISD Crossroads AEA 50
Desoto ISD 105
Desoto ISD Desoto HS 3035 3036
Desoto ISD Wings AEA 106
Donna ISD 179
Donna ISD Donna HS* 1979 1981
Donna ISD Donna North HS 1960 1960
Donna ISD 3d Academy AEA 179
Edcouch-Elsa ISD 21
Edcouch-Elsa ISD Edcouch-Elsa HS 1384 16 1401
Edcouch-Elsa ISD Edcouch-Elsa HS Academy AEA 38
Edna ISD 28
Edna ISD Edna HS 418 409
Edna ISD Edna Alt AEA 19
Everman ISD 58
Everman ISD Everman HS 1434 2 1436
Everman ISD Everman Academy HS AEA 60
Galveston ISD 96
Galveston ISD Ball HS* 1946 1941
Galveston ISD AIM College & Career Prep AEA 91
Georgetown ISD 49
Georgetown ISD Georgetown HS 1862 9 1876.5

2 LISD UIL 002


AEA Discrepancies UIL 2016-2018 Allignment Data

Georgetown ISD Georgetown East View HS 1507 17 1527.5


Georgetown ISD Chip Richarte HS AEA 84
Greenville ISD 62
Greenville ISD Greenville HS 1245 11 1257
Greenville ISD New Horizons Lrng Ctr AEA 74
Hereford ISD 40
Hereford ISD Hereford HS 1105 66 1157
Hereford ISD Hereford Acc'l AEA 92
Iraan-Sheffield ISD 78
Iraan-Sheffield ISD Iraan HS 128 128
Iraan-Sheffield ISD Challenge HS Sheffield AEA 78
Kaufman ISD 44
Kaufman ISD Kaufman HS* 1063 1065
Kaufman ISD Gary W Campbell HS AEA 46
Nacogdochoes ISD 63
Nacogdoches ISD Nacogdoches HS 1670 11 1674
Nacogdoches Isd Malcolm Rector Tech AEA 67
New Braunfels ISD 52.5
New Braunfels ISD New Braunfels HS & 9th 2337 10 2336.5
New Braunfels ISD NBISD Learning Ctr AEA 52
Rockwall ISD 49
Rockwall ISD Rockwall HS 2409 14 2410
Rockwall ISD Rockwall Heath HS 2275 5 2277
Rockwall ISD Quest Academy AEA 52
Sanger ISD 31
Sanger ISD Sanger HS 795 1 798
Sanger ISD Linda Tutt HS AEA 34
San Felipe-Del Rio CISD 65

3 LISD UIL 003


AEA Discrepancies UIL 2016-2018 Allignment Data

San Felipe-Del Rio CISD Del Rio HS & 9th 2930 2927
San Felipe-Del Rio CISD Blended Academy (includes middle school) AEA 63
Somerset ISD 83
Somerset ISD Somerset HS* 1035 1036
Somerset ISD Somerset Aca Ach Ctr AEA 39
Somerset ISD Early College Leadership Academy 45
Terrell ISD 75
Terrell ISD Terrell HS* 1084 13 1084
Terrell ISD Terrell Alt Educ Center AEA 81
Vernon ISD 236
Vernon ISD Vernon HS 524 524
Vernon ISD North Texas State Hospital AEA 75
Waco ISD
Waco ISD Waco HS 1809 1810 458
Waco ISD University HS 1667 1665
Waco ISD Brazos HS AEA 235
Waxahachie ISD
Waxahachie ISD Waxahachie HS* 2052 3 2052
Waxahachie ISD Waxahachie Global HS 424
Waxahachie ISD Waxahachie HS School of Choice AEA 34

*inclusion of AEA students could affect HS UIL class allignment

4 LISD UIL 004


Conference and District Assignment Policies and Procedures
2016-2017 and 2017-2018 Realignment

1. The League office shall obtain enrollment data on participant schools (grades 9-12).

2. The League office shall verify the enrollment figures submitted by the schools.

3. Conference AAAAAA should consist of a minimum of 220 schools and a maximum of 245 schools
participating in football; Conferences AA through AAAAA should consist of a number of schools such that the
enrollment ratio in grades 9-12 between the largest school and the smallest school is approximately 2.0. There
should be at least 200 schools each in Conferences AA and AAAAA. Conference A shall consist of all schools
that are not in Conferences AA-AAAAAA.

4. Schools with an enrollment of 104.9 or lower may choose to participate in Conference A football (six-man
football) or may opt to play in Conference AA football (eleven-man football) but remain in Conference A for
other applicable activities (see #6 below). Schools desiring to participate in Conference A may submit
enrollment figures by any one of the following combinations of grades: grades 9, 10, 11 and 12; grades 8, 9, 10
and 11; grades 7, 8, 9 and 10; or grades 9 and 10 doubled.

5. Any school may request to be elevated one conference, provided notification is submitted to the League office
simultaneously with enrollment figures.

6. Conference A, AA, AAA and AAAA schools will be further divided by enrollment figures for football (see (e)
below). Then map pins are used to represent all schools in a conference and both divisions of Conference A,
AA, AAA and AAAA football. Schools are placed into districts keeping the following criteria in mind:
a. Group geographically contiguous schools in groups of no more than ten and place in districts with an even
number of schools, except when that action causes an extreme travel hardship. Schools in a district in
urban areas may not always be contiguous.
b. Except in Conference A, AA, AAA and AAAA football, there are 32 districts to facilitate the playoff
procedures (except in activities that do not have enough schools).
c. Multiple-high school districts with more than one school in the same conference will have those schools
assigned as follows.
(1) Multiple High School Districts with 11 or More Schools in the Same Conference: A multiple high
school district with 11 or more schools in the same conference shall have its schools assigned to two
or more UIL districts. Any UIL district resulting from this division with seven or fewer schools from
the same ISD in it may have additional schools assigned to the UIL district by the League office.
(2) Multiple High School Districts with Seven or Fewer Schools in the Same Conference: A multiple high
school district with seven or fewer schools in the same conference shall have its schools assigned to
the same UIL district. Other schools may also be assigned to this UIL district by the League office.
(3) Multiple High School Districts with Schools in Different Conferences: A multiple high school district
may opt to have one or more of its schools elevated one conference if it wants its schools to be
assigned to the same UIL district.
(4) Multiple High School Districts with schools in more than one conference, one of which is a magnet
school. A multiple high school district with schools in more than one conference, one of which is a
magnet school, shall have the magnet school placed in the same conference as the high school in that
school district with the largest enrollment. A magnet school is defined as a high school within a
multiple high school district where all students participate in the magnet curriculum.
(5) EXCEPTION: Exceptions to the above may be made when agreed upon by all participating schools
and approved by the District Assignment Review Committee.
d. If a school district with only one high school opens a second high school with the same attendance
boundaries as its primary high school, the enrollment of both schools will be combined to determine
conference placement for the primary school.
e. Conference A, AA, AAA and AAAA Football: Conference A, AA, AAA and AAAA football schools will
be divided into large schools (Division 1) and small schools (Division 2), through the state championship
event, with 16 districts in each division.
f. There will be six (6) Conferences in the following activities: Cross Country, Football, Basketball and
Spring Meet (Academics [including One-Act Play], Golf, Tennis and Track and Field). There will be five
1

LISD UIL 005


(5) Conferences in the following activities: Music, Volleyball, Baseball and Softball. There will be three
(3) Conferences in the following activities: Team Tennis and Soccer. There will be two (2) Conferences in
the following activities: Swimming/Diving and Wrestling.

7. There shall be no attempt made to perpetuate or avoid "old rivalries." Socioeconomic and ethnicity factors are
not considered.

8. A school may be placed in different districts for different activities to alleviate extreme travel situations.

9. If there is a clerical error in assignment or if a school has been omitted, the staff is authorized to correct the
error or omission. Schools in both districts will be notified of the correction.

10. A school may change districts with the unanimous consent of all schools in both districts. This is the first level
of appeal.

11. If the first level of appeal is denied, schools may appeal their district assignment to the District Assignment
Appeals Committee. All schools will be notified of the deadline for this appeal.

12. A school may be disqualified from district honors for up to two years in that sport for contracting games prior
to finalizing the reclassification and realignment by all UIL appeal committees. Athletic schedules will not be
considered official until approved by the superintendent of the member school district.

13. Schools may play their first football game the last Thursday in August. Beginning practice dates will remain
the same for all conferences. Schools will be limited to no more than ten regular season games.

14. Schools shall be assigned to football districts only in even-numbered years.

15. A new school may be assigned on a non-honors basis in football for one two-year assignment period.

16. Charter Schools.


a. Charter schools will be assigned to districts in team sports only prior to even-numbered years.
b. Charter schools may be reassigned to a higher conference if actual enrollment is larger than enrollment
projections.
c. Charter schools shall not be assigned to a football district unless they have provided evidence to the UIL
staff that they have participated previously.
d. Unless its enrollment qualifies it for a higher conference, a charter school shall have its classification
determined by placing it in the conference of the lowest enrolled school from the ISD in which the charter
school is physically located.
1. This rule is applicable to charter schools located within an ISD consisting of three (3) or more high
schools.
2. Any charter school that is elevated in conference under this rule will receive an automatic appeal to
UIL staff regarding their conference assignment. Additionally, any charter school who chooses may
appeal the decision of UIL staff to the District Assignment Appeals Committee.

17. Schools gaining or losing students by consolidation may have their conference and district assignments
changed during the two-year alignment period.

18. Schools will not be changed because of loss or gain within a district during growth or decline in membership
after enrollment figures are certified.

19. Schools may be in different regions in different activities.

20. District numbering begins in the north or west and culminates in the southern part of the state.

21. Schools which are assigned to an athletic district and fail to participate may be suspended by the State
Executive Committee in the germane activity, see section 27 of the UIL Constitution and Contest Rules.

LISD UIL 006


FORMULAS
A participant school shall be classified for assignment to a conference on the basis of enrollment on a date from the
previous October. The formulas used to determine enrollment shall be:
1. Schools with four high school grades (9-12) or three high school grades (10-12) which will receive incoming
tenth graders from specific, identifiable schools:

Enrollment = Grades 9 + 10 + 11 + 12
2. Schools with only grades 10-12 when it cannot easily be determined which schools the ninth graders will attend
as tenth graders:

Enrollment = Grades (10 + 11 + 12) x 1.33


3. Schools with only grades 11-12 when it cannot easily be determined which schools the tenth graders will attend
as eleventh graders:
Enrollment = Grades (11 + 12) x 2
4. New schools:
Schools opening or entering competition in the first year of an alignment period will have their conference
placement determined by the following procedure:
a. Opening or entering with 1 grade: Enrollment (projected or actual) multiplied by 2
b. Opening or entering with 2 grades: Enrollment (projected or actual) multiplied by 1.33
c. Opening or entering with 3 grades: Enrollment (projected or actual) multiplied by 1.33
d. Opening or entering with 4 grades: Enrollment (projected or actual)

Schools opening or entering competition in the second year of an alignment period will have their conference
placement determined (for varsity activities in which they participate) by the enrollment (projected or actual,
with no multiplier applied) with which they open.
Existing schools affected by the opening of a new school (which will open or did open in the first or second
year of an alignment) will have their conference placement determined by taking the current enrollment in
grades 9-11 + projected number of 8th graders entering that high school the following school year.

LISD UIL 007


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UIL State Executive Committee Meeting Results University Interscholastic League (UIL) 4/20/17, 7)22 PM

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UIL Home Media Press Releases UIL State Executive Committee Meeting Results

YEARLY ARCHIVES UIL State Executive Committee Meeting Results


Current School Year Media Contact: Kate Hector Date: Mar 22, 2016
Phone: 512-471-5883 Category: State Executive Committee
2017 Fax: 512-471-6589
Email: pr@uiltexas.org
2016

2015

2014 FOR IMMEDIATE RELEASE

2013
AUSTIN The State Executive Committee of the University Interscholastic League met Tuesday to hand down
2012 decisions on eligibility of student athletes and issue penalties for UIL rule violations.

2011 Livingston High School was issued a public reprimand and two years probation for violations of rules related to
submission of enrollment figures for reclassification and realignment.
2010

2009 Audie Murphy Middle School coach Cedric Lloyd was denied his appeal of an ejection from a contest and was issued
the automatic penalty of a public reprimand, one-year probation, and additional training.
2008
Student athletes from Pflugerville Connally High School, New Caney Porter High School, Corpus Christi Veterans
2007
Memorial High School, and Kilgore High School were denied appeals for varsity eligibility, upholding the previous
2006 decisions of the district executive committees.

2005 A student athlete from Burkburnett High School was granted an appeal for varsity eligibility. After hearing testimony
from all parties, it was determined that the student did not charge schools for athletic purposes.
2004

In new business, the committee made an official interpretation of UIL rules related to the Music Region Executive
VIEW BY CATEGORY Committee. The State Executive Committee delegated its authority to appoint members to the Music Region
Executive Committee to the Director of Music.
Academics
-- END --
Advisory Council or
Committee

Athletics

General Information

Legislative Council

Music

State Executive Committee

MEDIA CONTACT INFO

Department Email:
pr@uiltexas.org

Department Phone:
512-471-5883

https://www.uiltexas.org/press-releases/detail/uil-state-executive-committee-meeting-results100
UIL LISD 072 Page 1 of 2
UIL places Livingston ISD on two-year probation 4/7/17, 3(17 AM

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Livingston High School has been issued a public reprimand and two years probation for violations
eof rules related to submission of enrollment gures for reclassication and realignment. Search
w
The penalty was handed down by the University Interscholastic Leagues State Executive Committee
s
at their most recent meeting on March 22, issued a public reprimand and two years probation for
/ violations.

1
The Lion athletic teams were originally slated to move into District 10-4A Div. I for competition
8against Cleveland, Bridge City, Human Hargrave, Little Cypress-Mauriceville, Navasota and Silsbee

3in football. In basketball, a district of Lufkin Hudson, Jasper, Diboll and Huntington would have

7competed with the Lions.

- In February, an appeals committee placed Livingston in District 22-5A along with Baytown Lee,

uBeaumont Central, Beaumont Ozen, Lumberton, Nederland, Port Arthur Memorial, Port Neches-

i Groves and Vidor.

l (Livingston) violated rules that required them to submit enrollment data for reclassication and

- realignment, UIL media coordinator Kate Hector said. That was brought to the UILs attention at
the appeals committee hearing on Feb. 18. Livingston previously reported incorrect enrollment
p

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UIL LISD 073 Page 1 of 5
UIL places Livingston ISD on two-year probation 4/7/17, 3(17 AM

agures. Correct gures move them from conference 4A to conference 5A. The district assignment
appeals committee reassigned their district, but didn't have the authority to impose any sanctions
c
for that error at that time.
e

s
The rule requires Livingston to submit correct enrollment gures. The school reported that their
mistake had been a clerical error.
-

l The UIL checks those numbers with the TEA and that's how the correct numbers were brought to
our attention, Hector said. What the probation means is that over the course of those two years, if
i
there are any additional rules violations, the penalties could be more severe.
v

i
Those more severe penalties the state executive committee can impose for schools and UIL
members include forfeiture of contests and disqualications from UIL contests for up to three
n
years. For school district personnel, that can consist of suspension anywhere from one day to three
gyears.

s
The districts alternative school, Livingston High School Academy, could have added confusion. At its
t
largest point this year, the academy has had 81 students enrolled.
oThe academy had just 25 dierent students throughout the year in 2014-15.

n
In October, board members changed the name from Challenger to Academy for a more positive
- connotation. LISD superintendent Dr. Brent Hawkins said many of the kids in the academy are as (/index.php/features-mobile/1999-
i much as two years and several credits behind. texas-slam-tryouts)
s
It has grown in popularity this school year and 18 students scheduled to graduate in the spring, all
dof which were behind while attending Livingston High School. The district has provided an

- expansion in computer-based programs, assigned full-time teachers and now has a full-time

o
principal to help students at the academy. Each in the non-traditional classroom goes through self-
paced software.
n

- Hector said she has been with the UIL for four years and two realignments. This is the rst time she
has experienced a school reporting numbers that were not correct. Though not a common
t
occurrence, it has happened.
w

o
Our policies and procedures for realignment are available online and available in advance, Hector
said. All of our rules are published in the (UIL) constitution. The rules are available and our sta is
-
always available to answer questions. It is the school's responsibility to know the rules and follow
y them accordingly. The school reported to us that they are opening the academy and just weren't

eaware that the enrollment counted toward total school enrollment.

a
There is nothing in the state executive committee's decision that reveals malicious intent or has
r specic details. Hector said it was not something that was apparent to the committee during the
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UIL LISD 074


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UIL LISD 075
UIL LISD 076
Subchapter I. CONFERENCES AND DISTRICTS
Section 350: ESTABLISHING CONFERENCES
Before May 1 of each even numbered year, the UIL shall establish conferences for League contests and assign each member
school wishing to compete in UIL activities to an appropriate district in accordance with reclassification and realignment policies as
approved by the Legislative Council. These conferences and districts shall be maintained for the next two school years. The
Executive Director shall promptly notify each member school of its conference and the district to which it has been assigned and
of the identity of the other schools in the district and notify each member school district of the assignments of its member schools.

Section 351: CONFERENCE BASED ON ENROLLMENT


(a) ENROLLMENT. Member schools shall be assigned to a conference on the basis of enrollment on a date from the
previous October. Schools will include all resident students including those in alternative settings. The formulas used to
determine enrollment shall be:
(1) Schools with four high school grades (9-12) and three-year high schools (grades 10-12) which will receive incoming
tenth graders from specific, identifiable feeder schools:
Grades 9, 10, 11, 12 = Enrollment
(2) Schools with only grades 10, 11, 12 when it cannot easily be determined which schools the ninth graders will attend
as tenth graders:
Grades 10, 11, 12 x 1.33 = Enrollment
(3) Schools choosing to participate in 1A football may submit enrollment figures by any one of the following
combinations of grades: grades 9, 10, 11 and 12; grades 8, 9, 10 and 11; grades 7, 8, 9 and 10; or grades 9 and 10
doubled.
If no prior enrollment figures are available for the specified date, assignment of a participant school just admitted
to competition shall be on the basis of the projected enrollment. A magnet or special school for academically gifted
students shall be assigned to a conference upon the basis of the enrollment of the school in its member school
district having the largest enrollment. Schools that have established attendance zones do not fit the definition of a
magnet school even if they operate a magnet program with optional attendance zones.
(b) CONFERENCES. Member high schools shall be divided into conferences for the 2016-17 and 2017-18 school years
according to the following enrollments:
Conference 6A............ 2150 and above
Conference 5A.................... 1100-2149
Conference 4A...................... 480-1099
Conference 3A........................ 221-479
Conference 2A........................ 105-220
Conference 1A.......... 104.9 and below
For the 2016-17 school year, there are approximately the following number of basketball schools in each conference:
Conference 6A............................... 247
Conference 5A............................... 253
Conference 4A............................... 191
Conference 3A............................... 221
Conference 2A............................... 203
Conference 1A............................... 202

Section 352: NON-HONORS FOOTBALL


A school which has been elevated one conference to avoid extreme travel situations may be assigned on a non-honors basis to a
football district.

Section 353: FOOTBALL COMPETITION BY A NEW SCHOOL


A member school just admitted to competition in the UIL shall be assigned to a conference for football competition only at the
beginning of an even-numbered year. (See Official Interpretation 01-09-18, Appendix I).

LISD UIL 077

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