Professional Documents
Culture Documents
SIERRA D. FISHER
sfisher@kblawgroup.com
May 16, 2017
Historical Background
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)
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.
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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May 16, 2017
Page 3
Timeline of Investigations
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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May 16, 2017
Page 4
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
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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May 16, 2017
Page 5
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
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May 16, 2017
Page 6
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.
Each school district UIL investigated pointed to ambiguity in the rules and
requested clarification, no different than Livingston ISD:
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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May 16, 2017
Page 7
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.).
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.
Sincerely,
KARCZEWSKIBRADSHAW L.L.P.
Sierra D. Fisher
K|B
May 16, 2017
Page 8
Enclosures
K|B
The Livingston Independent School District
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
EX. # DESCRIPTION
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
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
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
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
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
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.
15. A new school may be assigned on a non-honors basis in football for one two-year assignment period.
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.
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.
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:
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.
About Calendar Policy Leaguer Media NFHS Network Contact Shop Online Sports Officials
UIL Home Media Press Releases UIL State Executive Committee Meeting Results
2015
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
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
- 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-
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-
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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
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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