P'burg challenge first step in possible move to LVC

Thursday, September 30, 2004 • By CORKY BLAKE • The Express-Times

PHILLIPSBURG -- The Phillipsburg School District plans to take the first step in possibly leaving the Skyland Athletic Conference when it challenges the New Jersey State Interscholastic Athletic Association's "70-percent rule" Wednesday.

The school district will be represented by attorney David B. Rubin of Metuchen when it squares off against the NJSIAA in front of a panel of athletic directors, principals and administrators selected by the state's scholastic sports ruling body at 1:30 p.m. Wednesday at the NJSIAA headquarters in Robbinsville.

The NJSIAA's 70-percent rule was instituted in 1999. It requires teams play at least 70 percent of their schedule against New Jersey schools in order to be eligible for NJSIAA state championships.

Phillipsburg's case, as presented by Rubin, will argue that participating in the all-New Jersey Skyland Conference has presented a hardship on the school district's student-athletes because of the amount of time they spend traveling to distant member schools.

"We're talking about the effect on students and the time they are missing in classroom instruction because they are on the road," said Phillipsburg superintendent Gordon Pethick. "This is truly a high-level discussion, especially in a time when there's pressure to raise test scores and improve performance in the classroom."

Moreover, Rubin plans to address concerns regarding high transportation costs, declining gate revenues and even longer bus trips as the conference expands.

To remedy these issues, the school district is looking west and considering applying for membership to the all-Pennsylvania schools Lehigh Valley Conference. Phillipsburg only will make this move if it can successfully defeat or receive a special waiver from the 70-percent rule.

Phillipsburg has enjoyed long-standing ties with Pennsylvania schools. The Stateliners joined the East Penn Conference for all sports in 1976 before leaving for the Skyland Conference in the fall of 1995.

"We're going to lay all the facts out on the table," Rubin said. "This hearing is only about the 70 percent rule and being eligible for state competitions."

Rubin said the intent of the 70-percent rule was to stop certain high-profile New Jersey basketball teams from playing a national schedule during the regular season.

"The 70-percent rule was never intended to our situation as a border school," Rubin said.

Phillipsburg initially filed a petition against the NJSIAA on Oct. 6, 2003. Following a lengthy disagreement on proper procedures for resolving the dispute, Rubin and NJSIAA solicitor Michael J. Herbert set up parameters for Wednesday's hearing which will be conducted before the NJSIAA's Special Committee on Leagues and Conferences.

Since Phillipsburg's first petition, Rubin said the NJSIAA responded with a list of 30-to-40 "border" schools who have not expressed hardships resulting from the 70-percent rule.

"We didn't accept their list at face value," Rubin said. "We sent a questionnaire to those border schools listed."

Rubin said about 30 schools responded, and the information revealed Phillipsburg is in a unique situation.

"It's clear to us that many of the schools listed weren't border schools at all. Some were a half-hour away from the border," Rubin said. "You could take the whole array of Lehigh Valley Conference schools and fit them into that space.

"Some of the (border) schools had no hardships at all, and some have little hardships on one score or another. What we found is Phillipsburg is in the middle of the perfect storm of all these hardships."

Rubin said the NJSIAA has issued one waiver since 1999 when it allowed the Quaker-run Moorestown Friends School to remain in the Philadelphia area-based Friends League and still be eligible for state playoffs. He said the waiver wasn't granted on religious purposes but because of Moorestown Friends' 80-year history with the league schools.

The committee's decision could take up to a month or more, said Rubin. The decision will then be passed on to the state's Commissioner of Education for review.

"We feel confident we're right; I guarantee we're right," Rubin said. "I just don't know if the panel will be receptive. I hope they're open-minded. We're up against stiff odds, but I'm confident in our case."


Copyright 2004 The Express-Times. Used with permission.

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