Planet Debate Sports Participation Update
A2: Classes More Important
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- Competition causes kids to over-exhilarate, increasing injuries
- A2: Constitutional Right
- A2: Trade-Off with Academics
- Kids find gangs to be alternatives to sports participation
- It’s good for kids to learn from defeat
- Sports are the Alternative to Drugs and Alcohol
A2: Classes More ImportantExtra-curricular activities are just as important as classroom learningCassie Merkel, 2013, J.D. Candidate, Seton Hall University School of Law, 2013, Seaton Hall, Journal of Sports and Entertainment Law, Misspent Money: How Inequities in Athletic Funding in New Jersey Public Schools May Be the Key to Underperformance, p. 406-7 The New Jersey courts have yet to address whether there is a right to participate in athletics, but courts in jurisdictions where "free education" is addressed in their constitutions have held that there is a legal right to free athletics. California, for example, held in Hartzell v. Connell that "pay-to-play" programs, where schools charge students fees to participate in extracurricular activities, were unconstitutional under its free education clause. The Hartzell Court found that the Santa Barbara High School District, after cutting its budget by $ 1.1 million in the spring of 1980, adopted a plan that would raise money for extracurricular activities by charging students a fee to participate in dramatic productions, musical performances, and athletic competition. The fee activities were supervised by compensated school personnel and sponsored by the schools and their student bodies. Additionally, students could obtain a fee-waiver in a similar manner to the free lunch program. Nevertheless, the California Supreme Court held that "the imposition of fees as a precondition for participation in educational programs offered by public high schools on a noncredit basis violates the free school guarantee of the California Constitution ... ." In so holding, the court stated that extracurricular activities are an integral part of public education. Such activities, the court held, are "a fundamental ingredient of the educational process" and are just as important in a school's ultimate purpose of making overall good citizens as "the study of algebra and Latin."
Jenni Spies, 3006, Jenni Spies is a third-year law student graduating in May 2006 from Marquette University Law School. In addition to a J.D., the author will earn a Certificate in Sports Law from the National Sports Law Institute upon graduation. She received her Bachelor of Science in Sport Management from Ithaca College in 2002, Sports Lawyers Journal, Spring 2006, "Only Orphans Should Be Allowed To Play Little League":* How Parents Are Ruining Organized Youth Sports for Their Children and What Can Be Done About It, p. 282-4 In addition to mental burnout, there is a huge chance that young athletes, when pushed too hard by their parents or coaches, will suffer severe physical injury. Young, developing bones and muscles are simply not able to withstand the force that is placed on them by yearlong seasons and more intense practices. Injuries such as tendonitis, stress fractures, and bursitis are classified as overuse injuries because they are not caused by one big blow, but rather by "an accumulation of repetitive microtraumas." While there is no data about the total number of overuse injuries in youth sport, anecdotal evidence shows that more and more young athletes are showing up at emergency rooms across the country with injuries that are caused by overuse. According to one leading orthopedic sports surgeon, eighty percent of his youth patients come to him with overuse injuries; a number that has skyrocketed in the last twenty years. Furthermore, when asked to explain this increase in overuse injuries, experts attribute it to the increased organization in youth sports; when kids simply played for enjoyment, they could quit whenever they were tired or injured. Now that children play on teams and in leagues, many children feel pressure to continue playing even though they are tired or in pain because they do not want to disappoint their parents, coach, or team. A2: Constitutional RightThere is no constitutional right to an educationKate I. Rausch, 2006, Pay-to-play: A Risky and Largely Unregulated Solution to Save High School Athletic Programs from Elimination, p. 586-7 When the Supreme Court held in San Antonio Indep. Sch. Dist. v. Rodgriguez that Americans enjoy no fundamental right to an education under the Constitution, it relegated legal challenges to any public education issue to state court jurisdiction. Logic dictates that because the Constitution does not protect public education, there can be no federal protection of the right to participate in school activities. Where a suspect classification is used to preclude participation or exclusion raises a due process claim, however, federal courts have upheld the right to participate in interscholastic sports, finding them integral to public education. While the California Supreme Court has reasoned that the California free school guarantee precludes fees for integral facets of education, fees to participate in integral yet unprotected activities create no federally cognizable harm. It is therefore crucial to distinguish cases in which the court, in the context of a Fourteenth Amendment violation, lauds the opportunity to participate in sports from findings making extra-curricular activities integral to a free education. A2: Trade-Off with AcademicsSports consume a very small percentage of school budgetsKate I. Rausch, 2006, Pay-to-play: A Risky and Largely Unregulated Solution to Save High School Athletic Programs from Elimination, p. 600-1 Practical and philosophical problems exist in the implementation of pay-to-play programs beyond the constitutionality of a particular fee. For example, despite interscholastic sports being constantly in jeopardy of elimination, the percentage of a school's overall budget that funds them is quite small. Athletics and extra-curricular activities constitute merely one to three percent of a school's overall budget. With an average of sixty to seventy percent of students participating in such activities, the "bang for the buck in sports is immense" and the utility of using fees as a general funding solution is minimal. Kids find gangs to be alternatives to sports participationDouglas E. Abrams, 2002, Associate Professor of Law, University of Missouri-Columbia School of Law, ARTICLE: THE CHALLENGE FACING PARENTS AND COACHES IN YOUTH SPORTS: ASSURING CHILDREN FUN AND EQUAL OPPORTUNITY, Villanova Sports and Entertainment Law Journal, p. 257 If adults continue to deprive children of fun and equal opportunity in sports, we will pay a heavy price, both as individual families and as a nation. The intolerably high dropout rate demonstrates that child athletes will not put up with lost fun for long because youngsters have more ways than ever before to pass their free time. They can avoid overbearing adults by hanging out in shopping malls, surfing the Internet or sitting in front of video games or cable television. Regrettably, they also have the streets. Teenagers need a sense of belonging that comes from being part of a gang, and a sports team is like a gang. If adults continue to drive a few million youngsters to quit their sports teams by their early teen years, many of these youngsters will find their way to other gangs, or at least begin to run with the wrong crowd. The outcome will not be pretty.
A2: Kids LoseIt’s good for kids to learn from defeatDouglas E. Abrams, 2002, Associate Professor of Law, University of Missouri-Columbia School of Law, ARTICLE: THE CHALLENGE FACING PARENTS AND COACHES IN YOUTH SPORTS: ASSURING CHILDREN FUN AND EQUAL OPPORTUNITY, Villanova Sports and Entertainment Law Journal, p. 268 Many parents and coaches misbehave because they seek to shield their children from defeat, which the adults mistakenly liken to failure. The children need no shield, however, because defeat is a natural, inevitable and ultimately healthy part of growing up. Every day of every season, half of all youth leaguers competing in America lose. Each one returns to play another day. All child athletes taste defeat regularly because nobody plays on undefeated teams every year and nobody goes from season to season winning every meet or match in individual sports. Most great professional athletes learned how to lose when they were children, and these setbacks helped make them great athletes because defeat holds valuable short-term and long-term lessons. In the short term, an athlete can learn more from losing than from winning. When a team cruises on a winning streak, players can lapse into complacency and begin to take success for granted. Even if they do not get "swelled heads," the players rarely stop to consider the need for change. When the team drops a few games, however, players begin asking themselves, "What are we doing wrong, and how can we do better next game?" Self-assessment is the seed of self-improvement. In the long term, losses enable parents and coaches to teach children how to remain resilient in the face of adversity. For athletes at any level, coping with defeat requires more fortitude than basking in victory. Child athletes benefit from learning how to rebound from losses because, like it or not, frustration and thwarted ambition will occur throughout adulthood. Indeed, losses in life are more frequent than victories for most adults. Youth sports provide an ideal avenue for early exposure to setback and allows supportive adults to offer guidance with the stakes not nearly as high as they will be sometimes later on in life. Furthermore, most child athletes handle defeat much better than many parents and coaches realize, and much better than many parents and coaches themselves do. Several times over the years, I have seen youngsters in the locker room chattering after a loss and looking ahead to the afternoon's in-line hockey game or the night's sleepover. Their obsessed parents were still in the rink lobby yelling at the opposing team or the referee because the parents could not accept the defeat their children had already put behind them. Sports are the Alternative to Drugs and AlcoholWhen kids do not have sporting opportunities they turn to drugs and alcoholDouglas E. Abrams, 2002, Associate Professor of Law, University of Missouri-Columbia School of Law, ARTICLE: THE CHALLENGE FACING PARENTS AND COACHES IN YOUTH SPORTS: ASSURING CHILDREN FUN AND EQUAL OPPORTUNITY, Villanova Sports and Entertainment Law Journal, p. 291 Too many communities, however, complain about high rates of teen alcohol and drug use, yet systematically exclude most teens from athletic competition by depriving them of fun, by starving or eliminating inclusive community sports programs, or both. I see a direct connection, describable in two sentences: (1) When large numbers of teens are excluded from team sports or from participating with peers in individual sports, many of these teens will drift toward other peer groups, including ones likely to cause trouble; (2) With time on their hands and without the opportunity to "turn on" to sports, many of these teens in their peer groups will turn on to something else, often drugs and alcohol. In a community that deprives most teens of organized sports, no one should be surprised when many teens travel down the wrong path.
BibliographyBullock, Muschamp, Ridge & Wikeley, Educational Relationships in Out-of School Time Activities: Are Children in Poverty Missing Out Again?, Education, Citizenship, and Social Justice 5 (2) (2010), available at http://opus.bath.ac.uk/20507/. See Susan Birrell & Diana Richter, Is a Diamond Forever? Feminist Transformations of Sport, in Women, Sport, and Culture 221, 241-42 (Susan Birrell & Cheryl L. Cole eds., 1990) (criticizing feminist scholars in sport for focusing on "dominant" and elite structures of sport at the expense of alternative sport models Jennifer Hargreaves, Sporting Females: Critical Issues in the History and Sociology of Women's Sports 55-56 (1994) ( n16. See David F. Salter, Crashing the Old Boys' Network: The Tragedies and Triumphs of Girls and Women in Sports 96 (1996) See Pamela J. Creedon, Women, Media and Sport: Creating and Reflecting Gender Values, in Women, Media and Sport: Challenging Gender Values 3, 3 (Pamela J. Creedon ed., 1994) ("I say "sport' instead of "sports' because I define sport as a cultural institution and sports as activities or games that are only one component of the institution of sport."); Compare also Carole Oglesby, Epilogue to Sport, Men, and the Gender Order 243, 243 (Michael A. Messner & Donald F. Sabo eds., 1990), who criticizes scholars of sport for
n30. See Renee Forseth et al., Comment, Progress in Gender Equity?: An Overview of the History and Future of Title IX of the Education Amendments Act of 1972, 2 Vill. Sports & Ent. L.J. 51, 53 (1995) ("The central issue in most Title IX litigation is whether a university provides equal opportunities for both women and men to participate in intercollegiate athletics."). n34. See Curt A. Levey, Title IX's Dark Side: Sports Gender Quotas, USA Today, July 12, 1999, at A17 (representing the Center for Individual Rights); Feminists Blitz College Football Teams, Feminist Follies, Winter 1998, Clare Boothe Luce Policy Institute, at http://www.cblpolicyinstitute.org/winter1998.htm (last visited Aug. 30, 2000) (on file with the University of Michigan Journal of Law Reform) Mary Jo Festle, Playing Nice: Politics and Apologies in Women's Sports 279-80 (1996) (discussing conservative Congressional opposition to Title IX). n37. See, e.g., Ira Berkow, Baseball; The Other Side of Title IX, N.Y. Times, May 19, 1999, at D2 (criticizing so-called "quota" under Title IX for elimination of Providence College baseball team); Craig L. Hymowitz, Losers on the Level Playing Field; How Men's Sports Got Sacked by Quotas, Bureaucrats and Title IX, Wash. Post, Sept. 24, 1995, at C05 David Aronberg, Crumbling Foundations: Why Recent Judicial and Legislative Challenges to Title IX May Signal Its Demise, 47 Fla. L. Rev. 741, 762-66 (1995) (criticizing proportionality as not required under Title IX language, and claiming that universities faced with proportionality requirements must cut men's sports because their budgets do not allow for expansion); George A. Davidson & Carla A. Kerr, Title IX: What is Gender Equity?, 2 Vill. Sports & Ent. L.J. 25, 49 (1995) (criticizing Title IX's three-part test as reverse discrimination against males, and concluding that "whatever merits the proportional to enrollment test may have as a matter of social policy, the test awaits the analytical foundation which would give it legitimacy n1. Angela Lau, Playing Rough: Evidence Mounts that Sportsmanship is Turning into Violence in Amateur Athletics, The San Diego Union-Tribune, Aug. 14, 2000, at B1. n8. Rough Stuff; Violence in Sports, N.Y. Times Upfront, Apr. 10, 2000, at 7. n10. Jennifer Floyd, Line Blurs between Tough Play, Violence; Courts Step in when Games get too Rough, Milwaukee Journal Sentinel, Oct. 22, 2000, at 11C. n15. See Diane V. White, Note, Sports Violence as Criminal Assault: Development of the Doctrine by Canadian Courts, 1986 Duke L.J. 1030 (1986) (Dave Forbes of the Boston Bruins was prosecuted on a charge of aggravated assault with a dangerous weapon for striking Henry Boucha of the Minnesota North Stars with his hockey stick); see also Note, Violence in Professional Sports, 1975 Wis. L. Rev. 771, 771 - 72 (1975). n27. William Nack & Lester Munson, Out of Control; The Rising Tide of Violence and Verbal Abuse by Adults at Youth Sports Events Reached its Terrible Peak this Month when One Hockey Father Killed Another, Sports Illustrated, Jul. 24, 2000, at 86. n131. Id. at 14 (quoting William Hector, Criminal Law and Violence in Sports, 19 C.L.Q. 425, 450 (1976-
n166. Kim Murphy, Judge Rules McSorley is Guilty; Hockey: NHL Enforcer Avoids Sentence in on-ice Assault Case, but Court Hopes to Send Message to League, L.A. Times, Oct. 7, 2000, at D1. n13 Gayle I. Horwitz, Athletics, 5 Geo. J. Gender & L. 311, 314 (2004) ("Women's groups . . . argue that women participate in sports at lower rates than men due to past discrimination."). n22 Deborah Brake, The Struggle for Sex Equality in Sport and the Theory Behind Title IX, 34 U. Mich. J.L. Reform 13, 18-19 (2001) [hereinafter Brake, Sex Equality]; Greenberger & Chaudhry, supra note 21, at 501. n70 Frank Brady, Children's Organized Sports: A Developmental Perspective, J. Physical Educ. Recreation & Dance, Feb. 2004,
n74 Am. Acad. of Pediatrics, Comm. on Sports Med. & Fitness, Intensive Training and Sports Specialization in Young Athletes, 106 Pediatrics 154, 154-57 (2000) [hereinafter Am. Acad. of Pediatrics, Intensive Training]; Am. Acad. of Pediatrics, Comm. on Sports Med. & Fitness, Medical Concerns in the Female Athlete, 106 Pediatrics 610, 610-13 (2000) (explaining that female athletes are at risk for what the American Academy of Pediatrics calls the "female athlete triad": disordered eating, amenorrhea, and osteoporosis); Am. Acad. of Pediatrics, Comm. on Sports Med. & Fitness, Strength Training by Children and Adolescents, 107 Pediatrics, 1470, 1470- 72 (2001) ("From 1991 to 1996, an estimated 20,940 to 26,120 [strength training] injuries occurred each year in individuals under 21 years old."). n4. Carol Chmelynski, As Budgets Shrink, More Districts are Turning to User Fees, Sch. Bd. News, March 5, 2002, [hereinafter As Budgets Shrink] (suggesting legislatures must act to change status quo) available at http://www.nsba.org/site/index.asp (follow "NSBA Bookstore" hyperlink; then follow "School Board News" hyperlink; then follow "Archive" hyperlink; then follow "March 2002" hyperlink). n1. Peter Cary et al., Fixing Kids' Sports; Rescuing Children's Games from Crazed Coaches and Parents, U.S. News & World Rep., June 7, 2004, at 44. Directory: file -> view view -> Western Europe after wwii view -> Author study: paul fleischman view -> Qpa1 7ela study Guide view -> Arctic Oil/Gas Neg view -> November 1970 Approximately 150,000-500,000 deaths Bhola Cyclone Bangladesh view -> Grade Level: 6 Unit of Study: Caribbean glce view -> Citation: Duffield, Katy view -> Table of Contents Lesson # view -> Chinese Wind Energy Disad Download 309.72 Kb. Share with your friends:
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