Cheerleader's family to sue school district
Teen was cut from junior varsity team and family claims unfairness
July 12, 2007 - Posted at 12:00 a.m.
BY SONNY LONG - VICTORIA ADVOCATE
YORKTOWN - The attorney for the Billy Fischer family, whose daughter was cut from the Yorktown High School junior varsity cheerleading squad, says her clients have no other option but to sue the school district.
"At this point we are planning on going forward with a lawsuit," said Lisa Duke of the San Antonio law firm of Anderson and Duke. "We have not filed the paperwork yet, but we will soon."
Incoming freshman Wycoda Fischer was cut after tryouts were held for six positions on the squad. Seven girls tried out. The family contends that because an exception was made for the varsity cheer squad, nine girls were allowed on instead of the eight called for in the high school's cheerleader constitution, that an exception should also be made for allowing Wycoda on the squad. The high school principal and cheerleading sponsor approved the expanded JV squad, but superintendent Deborah Kneese ordered tryouts.
The Fischers, Billy and Wysenda, took their grievance to the school board on Monday, but the board upheld the superintendent's decision with a 5-1-1 vote.
According to testimony during the grievance hearing, the varsity was expanded to nine members because the sponsor made a mistake and told eight of the cheer candidates they had made the squad and there would be no tryouts, because it was believed the ninth candidate had withdrawn. She had not, and was allowed on the squad.
Kneese told the school board, "There was an error with regard to the varsity cheerleading tryouts. The decision was made to allow nine cheerleaders on the squad despite the provision in the constitution. The district was not going to penalize the student for its own error. No such mistake was made during the JV tryouts. The mistake concerning the varsity squad has no bearing on the JV squad."
The Fischers' attorney disagrees.
"The school district nor the superintendent has offered a satisfactory explanation as to why Wycoda was singled out," said Duke. "We have no other option but to move forward with the lawsuit."
Teen was cut from junior varsity team and family claims unfairness
July 12, 2007 - Posted at 12:00 a.m.
BY SONNY LONG - VICTORIA ADVOCATE
YORKTOWN - The attorney for the Billy Fischer family, whose daughter was cut from the Yorktown High School junior varsity cheerleading squad, says her clients have no other option but to sue the school district.
"At this point we are planning on going forward with a lawsuit," said Lisa Duke of the San Antonio law firm of Anderson and Duke. "We have not filed the paperwork yet, but we will soon."
Incoming freshman Wycoda Fischer was cut after tryouts were held for six positions on the squad. Seven girls tried out. The family contends that because an exception was made for the varsity cheer squad, nine girls were allowed on instead of the eight called for in the high school's cheerleader constitution, that an exception should also be made for allowing Wycoda on the squad. The high school principal and cheerleading sponsor approved the expanded JV squad, but superintendent Deborah Kneese ordered tryouts.
The Fischers, Billy and Wysenda, took their grievance to the school board on Monday, but the board upheld the superintendent's decision with a 5-1-1 vote.
According to testimony during the grievance hearing, the varsity was expanded to nine members because the sponsor made a mistake and told eight of the cheer candidates they had made the squad and there would be no tryouts, because it was believed the ninth candidate had withdrawn. She had not, and was allowed on the squad.
Kneese told the school board, "There was an error with regard to the varsity cheerleading tryouts. The decision was made to allow nine cheerleaders on the squad despite the provision in the constitution. The district was not going to penalize the student for its own error. No such mistake was made during the JV tryouts. The mistake concerning the varsity squad has no bearing on the JV squad."
The Fischers' attorney disagrees.
"The school district nor the superintendent has offered a satisfactory explanation as to why Wycoda was singled out," said Duke. "We have no other option but to move forward with the lawsuit."
