PRINTER'S NO. 3525
No. 2537 Session of 2000
INTRODUCED BY LaGROTTA, WILT, FARGO, M. COHEN, LAUGHLIN,
CORRIGAN, MANN, ROBINSON, WALKO, MANDERINO, BEBKO-JONES,
DEMPSEY, HESS, J. TAYLOR, THOMAS, WATERS, CORNELL, SEYFERT,
GANNON, HARHAI, STABACK, RUBLEY, SEMMEL, ROONEY, YOUNGBLOOD,
FICHTER, RAMOS, MELIO, EACHUS AND GRUCELA, MAY 10, 2000
REFERRED TO COMMITTEE ON EDUCATION, MAY 10, 2000
AN ACT
1 Providing for interscholastic athletic accountability;
2 establishing the Pennsylvania Athletic Oversight Council;
3 providing for powers and duties of the State Board of
4 Education; establishing eligibility appeal boards; and making
5 a repeal.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Pennsylvania
10 Interscholastic Athletics Accountability Act.
11 Section 2. Findings and declarations.
12 Interscholastic athletics is inextricably connected with the
13 provision of education in this Commonwealth. Therefore, it is in
14 the interest of Pennsylvania's student athletes and their
15 families that interscholastic athletics be regulated by the
16 Commonwealth. Notwithstanding any other provisions of law,
17 regulation or contract to the contrary, responsibility for
18 overseeing interscholastic athletics shall rest with the:
1 (1) Pennsylvania Athletic Oversight Council. The council
2 shall have authority to award a license to a qualified
3 nonprofit entity for the administration of certain aspects of
4 interscholastic athletics.
5 (2) The State Board of Education. The State board shall
6 have authority to promulgate regulations governing the
7 eligibility of student athletes to participate in
8 interscholastic athletics.
9 (3) The Pennsylvania Athletic Eligibility Appeal Board.
10 The appeal board shall have authority to hear all appeals
11 from regional appeal boards regarding the eligibility of
12 student athletes to participate in interscholastic athletics
13 and to establish rules of procedure for the hearing of those
14 appeals.
15 (4) Regional athletic eligibility boards. The regional
16 boards shall have the authority to hear all appeals in their
17 specified region regarding the eligibility of student
18 athletes to participate in interscholastic athletics.
19 Section 3. Definitions.
20 The following words and phrases when used in this act shall
21 have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "Appeal board." The Pennsylvania Athletic Eligibility Appeal
24 Board as established in section 5.
25 "Council." The Pennsylvania Athletic Oversight Council as
26 established in section 4.
27 "Interscholastic athletics." All athletic contests or
28 competitions conducted between or among school entities situated
29 in counties of the second class, second class A, third class,
30 fourth class, fifth class, sixth class, seventh class and eighth
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1 class.
2 "Licensee." A nonprofit organization licensed by the
3 Pennsylvania Athletic Oversight Council pursuant to section 7 or
4 an applicant for licensure under section 7.
5 "Regional board." One of seven regional athletic eligibility
6 appeal boards as established in section 6.
7 "School entity." Any public school, school district,
8 nonpublic school or private school in this Commonwealth other
9 than a private or nonpublic school which elects not to become a
10 member of a licensee organization.
11 "State board." The State Board of Education.
12 Section 4. The Pennsylvania Athletic Oversight Council.
13 (a) Establishment.--The Pennsylvania Athletic Oversight
14 Council is hereby established.
15 (b) Composition.--The council shall have 17 voting members
16 and two nonvoting advisory members, appointed as follows:
17 (1) Four members appointed by the Senate, two appointed
18 by the President pro tempore of the Senate and two appointed
19 by the Minority Leader of the Senate. Appointees shall have
20 some experience in interscholastic athletics or shall be
21 parents of students involved in interscholastic athletics.
22 (2) Four members appointed by the House of
23 Representatives, two appointed by the Speaker of the House of
24 Representatives and two appointed by the Minority Leader of
25 the House of Representatives. Appointees shall have some
26 experience in interscholastic athletics or shall be parents
27 of students involved in interscholastic athletics.
28 (3) The Secretary of Education or his designee.
29 (4) The chairman of the State board or his designee.
30 (5) The following seven members shall be appointed by
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1 the Governor and confirmed by a majority of the Senate. They
2 shall include:
3 (i) One athletic director.
4 (ii) One referee.
5 (iii) One coach.
6 (iv) One school superintendent.
7 (v) Two parents.
8 (vi) One member representing private schools.
9 (6) The following two members shall serve as nonvoting
10 advisory members. They shall include:
11 (i) The chairman of the State Athletic Commission or
12 his designee.
13 (ii) The president of the organization licensed by
14 the council under section 7 or his designee.
15 (c) Terms.--
16 (1) No member shall serve for a period exceeding eight
17 years.
18 (2) Initial terms of the members appointed by the
19 Governor shall be at the discretion of the Governor as
20 follows:
21 (i) Three members for terms of two years each.
22 (ii) Three members for terms of three years each.
23 (iii) One member for a term of four years.
24 (3) Thereafter, except for members appointed by the
25 General Assembly, all terms shall be staggered for a period
26 of four years.
27 (d) Compensation; expenses.--The members of the council
28 shall receive no actual compensation for their services,
29 however, all expenses reasonably necessary for the members of
30 the council shall be paid by the State Athletic Commission.
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1 (e) Duties.--The duties and responsibilities of the council
2 shall be as follows:
3 (1) To meet no less than four times a year, at the call
4 of the chair.
5 (2) Make recommendations concerning Statewide changes to
6 administration of interscholastic athletics to the General
7 Assembly.
8 (3) To review and comment on any and all regulations
9 that may be promulgated by the State board concerning
10 eligibility for interscholastic athletics.
11 (4) Appoint members of the appeal board as defined in
12 section 5 and advise the appeal board on the adoption of
13 rules governing its proceedings.
14 (5) Divide this Commonwealth into seven administrative
15 regions for the purpose of establishing regional boards as
16 defined in section 6.
17 (6) Appoint members of the regional boards as defined in
18 section 6.
19 (7) To determine the extent of the authorities of a
20 single organization licensed under section 7, to set the
21 qualifications required of a single organization licensed
22 under section 7, to issue a license to a qualified nonprofit
23 organization for the administration of interscholastic
24 athletics as defined by section 7 and to conduct periodic
25 reviews of the organization licensed under section 7.
26 (8) To review and approve all contracts dealing with the
27 terms and conditions of employment of employees of the
28 organization licensed under section 7.
29 (9) Issue an annual report to the Governor, the
30 Secretary of Education, the chairman of the State board, the
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1 chairman of the appeal board, the chairman of the Education
2 Committee of the Senate, the chairman of the Education
3 Committee of the House of Representatives and the president
4 of the organization licensed under the provisions of section
5 7 summarizing:
6 (i) the council's meetings and other action taken by
7 the council;
8 (ii) the performance of the organization licensed
9 under the provisions of section 7; and
10 (iii) the decisions rendered by the appeal board
11 under section 5 and the regional boards under section 6.
12 (f) Staff.--The State Athletic Commission shall provide
13 support staff as needed to the council.
14 Section 5. Pennsylvania Athletic Eligibility Appeal Board.
15 (a) Establishment.--The Pennsylvania Athletic Eligibility
16 Appeal Board is hereby established.
17 (b) Membership.--The appeal board shall be composed of seven
18 members, appointed by the council. Members shall include:
19 (1) One member representing school boards of directors.
20 (2) One member representing private schools.
21 (3) One member representing principals.
22 (4) One member representing coaches.
23 (5) Three members representing parents.
24 (c) Duties.--The appeal board shall have the following
25 duties:
26 (1) To hear all appeals from regional boards related to
27 the compliance of a student athlete with State board
28 regulations governing the eligibility of student athletes to
29 compete in interscholastic athletics and issue written
30 opinions on their findings and conclusions.
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1 (2) To meet monthly to consider any and all appeals
2 filed with the appeal board within the preceding 30 days.
3 (3) To adopt a procedure to immediately consider appeals
4 from regional boards that are referred to the appeal board
5 seeking an emergency hearing.
6 (4) In conformity with 2 Pa.C.S. Ch. 5 Subch. A
7 (relating to practice and procedure of Commonwealth agencies)
8 to adopt, with the advice of the council, rules of procedure
9 governing the conduct of hearings. Such rules shall include,
10 but are not limited to, the following:
11 (i) Direct notification of the parents of student
12 athletes involved. Such notification shall include a
13 summary of the rules of procedure, identification of the
14 party bringing the appeal and a summary of the appeal.
15 (ii) Procedures for the admission and presentation
16 of relevant evidence.
17 (iii) Procedures for the calling and examination of
18 witnesses.
19 (iv) Procedures for the recording or transcription
20 of the proceedings.
21 (v) The party bringing the appeal shall have the
22 burden of proof in any proceeding before the appeal
23 board, the appeal board shall determine the standard of
24 proof through its rules of procedure.
25 (vi) The licensee licensed under section 7 shall
26 have no standing to bring an appeal.
27 (d) Terms.--Members of the appeal board shall serve for
28 terms of four years and shall serve no more than two terms.
29 (e) Compensation; expenses.--The members of the appeal board
30 shall receive no actual compensation for their services;
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1 however, all expenses reasonably necessary for the members of
2 the appeal board shall be paid by the State Athletic Commission.
3 (f) Administrative agency law.--Proceedings under this
4 section are subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A
5 (relating to judicial review of Commonwealth agency action).
6 Section 6. Regional athletic eligibility appeal boards.
7 (a) Establishment.--Seven regional athletic eligibility
8 appeal boards are hereby established, one situated in each
9 administrative region established by the council.
10 (b) Membership.--Each regional board shall be composed of
11 five members, appointed by the council. Members shall include:
12 (1) One member representing school boards of directors.
13 (2) One member representing private schools.
14 (3) One member representing principals.
15 (4) One member representing coaches.
16 (5) One member representing parents.
17 (c) Duties.--The regional boards shall have the following
18 duties:
19 (1) To hear all appeals from school entity decisions
20 related to the compliance of a student athlete with State
21 board regulations governing the eligibility of student
22 athletes to compete in interscholastic athletics and issue
23 written opinions on their findings and conclusions.
24 (2) To meet monthly to consider any and all appeals
25 filed with the regional board within the preceding 30 days.
26 (3) To adopt a procedure to immediately consider appeals
27 from school entities that are referred to a regional board
28 seeking an emergency hearing.
29 (4) To adopt the rules of procedure adopted by the
30 appeal board.
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1 (5) To adjudicate disputes between school entities
2 related to the compliance of a student athlete with State
3 board regulations governing the eligibility of student
4 athletes to compete in interscholastic athletics and issue
5 written opinions on their findings and conclusions.
6 (d) Terms.--Members of the regional boards shall serve for
7 terms of four years and may be reappointed by the council.
8 (e) Compensation; expenses.--The members of the regional
9 boards shall receive no actual compensation for their services;
10 however, all expenses reasonably necessary for the members of
11 the regional boards shall be paid by the State Athletic
12 Commission.
13 (f) Administrative agency law.--Proceedings under this
14 section are subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to
15 practice and procedure of Commonwealth agencies).
16 Section 7. Licensure of qualified organizations.
17 (a) Licensure.--The council shall license a single qualified
18 nonprofit organization to administer the functions of
19 interscholastic athletics in this Commonwealth not specifically
20 delegated to the council, the State board, the appeal board or
21 the regional boards. As of the effective date of this section,
22 no school entity engaging in interscholastic athletics as
23 defined by this act may enroll as a member of an organization
24 for the administration of interscholastic athletics that does
25 not hold a license issued by the council.
26 (1) The license shall be valid for a period of three
27 years from the date of issuance.
28 (2) The license shall state the extent of the licensee's
29 authorities over the administration of interscholastic
30 athletics and shall state that such license may be revoked
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1 upon a finding that the licensee has violated the licensee's
2 authorities.
3 (3) The license shall state that it may be revoked for
4 cause shown subsequent to a periodic review authorized by
5 subsection (c) concluding that the licensee has acted
6 contrary to any of the qualifications stated in subsection
7 (b).
8 (4) The license shall state the council:
9 (i) Shall have access to all books, papers,
10 documents and records of the licensee in order to effect
11 the periodic reviews required in subsection (c).
12 (ii) Shall have the authority to review the
13 performance of any and all employees of the licensee in
14 order to effect the periodic reviews required in
15 subsection (c).
16 (b) Required qualifications.--The council shall determine
17 the qualifications required for the issuance or renewal of a
18 license. To be qualified for licensure, the licensee shall:
19 (1) Agree to independent review of the licensee's
20 financial practices and employee performance and a
21 determination that the licensee has or will:
22 (i) Conform with accepted financial practices.
23 (ii) Conform with all Federal and State statutes,
24 regulations and policies governing the administration of
25 nonprofit organizations.
26 (iii) Conform with accepted administrative
27 practices.
28 (iv) Contract with employees who have or will
29 fulfill the duties for which they were contracted and act
30 in the best interests of interscholastic athletics.
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1 (2) Agree to a review of the performance of any
2 employees of the licensee and a determination that all
3 employees of the licensee have satisfactorily performed the
4 duties required in their employment contracts.
5 (3) Adopt a policy requiring that the licensee's
6 meetings and discussions shall comply with all duties and
7 responsibilities of a covered agency under 65 Pa.C.S. Ch. 7
8 (relating to open meetings).
9 (4) Demonstrate that it will be governed by a board of
10 directors that includes representation from the following,
11 who shall be full voting members:
12 (i) One member representing coaches.
13 (ii) One member representing officials.
14 (iii) Two members representing parents.
15 (iv) One member representing the Department of
16 Education.
17 (v) One member representing the Pennsylvania
18 Association of School Administrators.
19 (vi) One member representing women's athletics.
20 (vii) One member representing private schools.
21 (5) Adopt policies prohibiting it from requiring any
22 member to reimburse the licensee for legal fees and expenses
23 incurred by the licensee or any of its personnel in defending
24 a suit authorized by the school district and brought against
25 the licensee or any of its personnel.
26 (6) Agree to adopt no rules restricting media access to
27 interscholastic athletic competitions or restricting the
28 substance of any commentary offered by media reporting of
29 interscholastic athletic competitions.
30 (7) Adopt rules intended to discourage its member
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1 schools from recruiting student athletes, provided that:
2 (i) Such rules and any penalties levied for their
3 breach shall be directed at the association's member
4 schools and not at individual student athletes who may
5 have been the subject of recruiting.
6 (ii) Any and all procedures established to gather
7 evidence related to the enforcement of such rules shall
8 place the burden of proof of the breach of such rules on
9 the license applicant, and shall afford any member school
10 due process rights in defending itself against the
11 allegations, including a right to a hearing on the
12 charges before the imposition of penalties.
13 (iii) The license applicant is specifically
14 prohibited from identifying individual student athletes
15 as subjects or targets of such procedures.
16 (iv) Nothing in this paragraph shall be construed as
17 vesting with the licensee or the license applicant the
18 power to determine the eligibility of student athletes to
19 participate in interscholastic athletics within this
20 Commonwealth.
21 (c) Periodic review.--The council shall periodically review
22 the performance of the licensee and its employees in order to
23 ensure that the licensee continues to comply with the terms of
24 its license during the course of the license term.
25 Section 8. State Board of Education.
26 (a) Regulations.--The State board shall promulgate
27 regulations governing student athletes' participation in
28 interscholastic athletics in this Commonwealth which shall be
29 applicable to all student athletes participating in
30 interscholastic athletic competitions in this Commonwealth. Such
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1 regulations shall govern:
2 (1) School attendance necessary to make a student
3 eligible for participation in interscholastic athletics.
4 (2) The ages through which a student athlete is eligible
5 to participate in interscholastic athletics.
6 (3) The number of years a student may participate in
7 interscholastic athletics.
8 (4) The academic performance necessary to make a student
9 eligible to participate in interscholastic athletics.
10 (5) The standards of health and physical fitness
11 necessary to make a student eligible to participate in
12 interscholastic athletics.
13 (6) Residency requirements and transfers, provided that:
14 (i) To be eligible to participate in interscholastic
15 athletics in a public school, a student must be enrolled
16 in the public school district 30 days prior to the
17 commencement of the athletic season in which he or she
18 will participate.
19 (ii) To be eligible to participate in
20 interscholastic athletics in a nonpublic or private
21 school, a student must enroll in the nonpublic or private
22 school 30 days prior to the commencement of the athletic
23 season in which he or she will participate.
24 (iii) A public school student who does not reside in
25 a school district as required by subparagraph (i) or a
26 nonpublic school student who is not enrolled in a
27 nonpublic school as required by subparagraph (ii) shall
28 be ineligible to participate in the athletic season.
29 (b) Principles of athletic eligibility.--Such regulations
30 shall, to every extent possible, embody the following principles
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1 of athletic eligibility:
2 (1) Participation in interscholastic athletics has a
3 positive effect on academic performance.
4 (2) Restrictions placed on participation in
5 interscholastic athletics should be limited.
6 (c) Savings clause.--All aspects of eligibility not
7 regulated by the State board under this section may be addressed
8 by a board of school directors in a school district under
9 section 511(a) of the act of March 10, 1949 (P.L.30, No.14),
10 known as the Public School Code of 1949.
11 Section 9. Repeal.
12 Section 511(b) and (b.1) of the act of March 10, 1949
13 (P.L.30, No.14), known as the Public School Code of 1949, is
14 repealed insofar as it is inconsistent with this act.
15 Section 10. Effective date.
16 This act shall take effect as follows:
17 (1) Section 4 and this section shall take effect
18 immediately.
19 (2) Section 7 shall take effect in 6 months.
20 (3) The remainder of this act shall take effect in 90
21 days.
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