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Amended version of HB 91 will allow NCHSAA to remain in place, require significant changes - HighSchoolOT

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— Members of the Senate Committee on Education will meet on Thursday to discuss an amended version of House Bill 91.

Initially, HB 91 would have dissolved the N.C. High School Athletic Association at the end of the 2021-2022 school year, but the amended version will allow the NCHSAA to continue administering high school athletics for public schools in North Carolina as long as it agrees to a memorandum of understanding with the State Board of Education.

According to the legislation, a non-profit organization that is in compliance with a memorandum of understanding with the State Board of Education would be allowed to administer high school athletics in North Carolina. The memorandum of understand would cause some major changes for the association.

The bill has a big focus on transparency. The NCHSAA would not be able to adopt new rules without first posting the proposed rule on its website and allow for public comment. The association would also be required to adopt policies similar to open meetings laws and public records laws, and it would be required to undergo an annual audit from the State Auditor.

NCHSAA board members would have to adopt ethics policies that would require them to avoid conflicts of interest and the appearance of impropriety as well.

Finances are also a big focus of the legislation. The NCHSAA would be allowed to charge reasonable fees for participating, but the annual fees to schools would be reduced by 20% when the total fund balance of the NCHSAA reaches 250% of the total expenses from the previous fiscal year. The NCHSAA would also be required to retain no more than 33% of net profits from any state tournament game.

The legislation also addresses classification of schools. It would allow charter and non-public schools to continue participating in the NCHSAA, but they would be bumped up a classification. All classifications would be determined based solely on enrollment.

The proposed legislation would forbid the NCHSAA from engaging in any of the following:

  • Soliciting grant funding and sponsorships from third-party organizations except for state tournament games.
  • Provide grants to schools regulated by the organization.
  • Provide scholarships to players, except when funded by donor-directed funds.
  • Designate the use of specific or preferred vendors.
  • Retain a percentage of gate receipts for games other than state tournament games.
  • Regulate or control the intellectual property of schools including team logos, mascots, and audio ro video of any game other than state tournament games.
  • Restrict the recording of audio or video of any state tournament game by any parent of a student participating in the game or an employee of the school.
  • Retain any portion of money collected from ticket sales, concessions, or sale of merchandise by a school.

Other changes the bill would make to high school athletics in North Carolina:

  • It would prevent the NCHSAA from issuing fines for rules violations.
  • It would create an independent appeals process utilizing a panel appointed by the State Board of Education.
  • There would be a mechanism in place for schools to report "intimidation or harassment" of participating schools by the NCHSAA to the State Board of Education.

The education committee is scheduled to meet at 8:30 a.m. on Thursday. You can watch the meeting live on HighSchoolOT.com and the HighSchoolOT app.

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Amended version of HB 91 will allow NCHSAA to remain in place, require significant changes - HighSchoolOT
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