Experts say many school suits are threatened but few are won

Friday, September 05, 2003

By Virginia Kopas Joe and Eleanor Chute, Post-Gazette Staff Writers

Felicia Huffine wasn't exactly turning cartwheels as she left the Westmoreland County Courthouse yesterday. But she could turn some tonight, when her Southmoreland Scotties play rival Carlynton in football.

	Felice Huffine, with her parents, arrives at the Westmoreland County Courthouse yesterday. (John Beale, Post-Gazette) Click photo for larger image.

In a settlement reached yesterday in which her mother dropped a lawsuit filed last month, the Southmoreland High School cheerleader won the right to be part of the squad again.

The 16-year-old senior, a cheerleader since ninth grade, went to court after her coach demoted her to alternate because she missed a summer practice camp.

Although it may seem that lawsuits like this one challenging school officials' judgments on everything from cheerleading to choosing valedictorians are becoming more common, one expert believes that suits against schools have actually diminished in the last 15 years.

Perry Zirkel, professor of education and law at Lehigh University, who maintains a computer database of court rulings in school lawsuits, said the decline reflects a reduced emphasis on individual rights -- an outgrowth of school efforts to fight drugs and violence. In addition, there is an increased realization that reform doesn't always follow court cases, such as in desegregation orders that are not enforced.

"The pendulum has swung that unless it's an exception like special education, the court is going to defer to the decisions of the school authorities, assuming rational, good faith decisions," he said.

Cheerleading suits are "not that common in frequency, but they do keep coming," he said. "Cheerleading is a big thing and has been for years for certain parents."

According to Matt Hoffman, a school solicitor whose districts include East Allegheny, Wilkinsburg and Seneca Valley, lawsuits are more often threatened than filed.

When they are filed, Hoffman said, "courts are reluctant to substitute their judgments for those of coaches and administrators and boards. Certainly, the court systems don't want to be in the business of determining who's on the cheerleading squad and who the starting quarterback is."

Cheerleading can be a "minefield" for school officials, said Larry Hanley, executive director of the Western Pennsylvania Interscholastic Athletic League.

Hanley, former athletic director and assistant principal at Gateway High School, said moms made so many complaints about selections that teachers in that district no longer wanted to judge tryouts and outside experts were hired. Even then, there were complaints.

The American Civil Liberties Union's local branch, which occasionally intervenes in school disputes, hasn't sued over cheerleading. But it unsuccessfully argued in 1996 that a school district discriminated by using weight as a standard in choosing majorettes.

ACLU legal director Witold Walczak said it's easier to pursue a case based on discrimination against a protected class -- say, gender or race -- than "a particular child was treated unfairly or illegally."

The agreement over Felicia Huffine followed closed-door talks involving attorneys for Southmoreland School District and the Huffine family. The talks headed off a scheduled hearing before a Westmoreland County judge.

The deal was unanimously approved by the Southmoreland school board last night.

Huffine's mother, Cynthia, of Upper Tyrone, Fayette County, filed suit last month, calling the demotion "unreasonable, unlawful, arbitrary and capricious" and said her daughter had earned her cheerleading position by her three prior years on the squad.

The dispute stemmed from Huffine's decision to skip the summer camp at Seven Springs in July to attend a national dance competition. The cheerleading coach, Tyane Derr, initially told her she would be dismissed from the squad if she missed the camp.

The coach and an assistant resigned before the camp and Huffine says school district officials gave her a verbal waiver so she could attend the dance competition. But the district rehired the coach on July 31, knowing she would penalize Huffine for not going to camp, the lawsuit said.

The Huffines did not comment as they left the Westmoreland County Courthouse yesterday, and did not attend last night's school board meeting.

But two other members of the cheerleading squad who attended the board meeting welcomed the outcome.

"Cheerleading is not your entire life," said Ally Tylka. "Why should she be punished because she wanted to do other things, like dance?"

"The decision is fair for both Felicia and for us," chimed in Sara Blackburn.

Earlier yesterday, waiting during negotiations at the courthouse, school board member Jody Nelson called the episode "unfortunate" and said Huffine "should have never been demoted in the first place."

Southmoreland High School has 22 varsity cheerleaders and 730 students. The school district encompasses Scottdale and East Huntingdon in Westmoreland County and Everson and Upper Tyrone in Fayette County. Southmoreland plays Carlynton at 7:30 p.m. at Honus Wagner Field in Carnegie.

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