Bill would put an end to MSHSAA

~ The state legislature is considering a bill that would eliminate MSHSAA.

JEFFERSON CITY, Mo. -- A House panel considered legislation Wednesday that would clear the way to abolish the private Missouri State High School Activities Association.

Supporters of the bill say the group's procedures and decisions have been unfair, and have limited appeals. They cited a list of examples of students who weren't able to compete in sports or activities.

Sponsor Rep. Jane Cunningham, R-Chesterfield, said it amounts to "a multitude of horrendous decisions."

The activities association sets rules for more than 300,000 students participating in high school sports and activities. That includes deciding whether students are eligible to compete and handing down punishment for violations. Although public schools are included in the membership, the MSHSAA is not considered a public body.

The bill would, starting in the 2009 school year, allow the Department of Elementary and Secondary Education to decide whether it wants to govern high school sports and activities. If the department doesn't replace the association, public schools couldn't be part of the group unless its proposed policies are submitted to a legislative committee that reviews executive branch rules.

Penney Rector, who represents a school administrators coalition that includes the activities association, said outcomes in individual cases sometimes seem unfair, but that the overall procedures work.

"Participating in activities is a privilege, it's not a right guaranteed by the constitution," she said.

Most committee members expressed frustration with the association's decisions and how it makes them, but some members seemed content with fixes rather than a complete takeover.

Rep. Tim Flook said the problem seems to be one of due process, which can be addressed by expanding appeals to let judges review decisions rather than completely turning over the group's function to the state or allowing lawsuits.

"I'm not so sure we want to open suits for damages if somebody misses out on a track meet," said Flook, R-Liberty.

There has been mounting frustration with some of the association's decisions, and with the inability to appeal to the courts or other agencies. The House created a special committee to study the organization and the complaints and offer recommendations before the start of the 2008 legislative session.

That panel, led by Rep. Gayle Kingery, didn't go as far as Cunningham. Instead, the committee recommended allowing courts to review decisions about whether to allow students to participate. Kingery, R-Poplar Bluff, also said that too often the student is punished for the violations of school officials and parents.

A high school football coach for 26 years, Kingery said the state education department already has enough responsibility in the classroom without getting into extracurricular activities.

It's not the only bill filed that proposes changes to the activities group. The head of the committee likely to review them said he doesn't plan to vote on individual proposals until a hearing is held on each idea.