Commissioner remains concerned about NCHSAA's future, says no specific agreement reached on HB 91
https://www.highschoolot.com/commissioner-remains-concerned-about-nchsaa-s-future-says-no-specific-agreement-reached-on-hb-91/19892875/Posted September 24, 2021 12:38 p.m. EDT
By Nick Stevens, HighSchoolOT managing editor
CHAPEL HILL, N.C. — When Republican lawmakers issued a statement earlier this week claiming an agreement had been reached about the path forward for House Bill 91, it caught the N.C. High School Athletic Association off guard.
Representatives from the NCHSAA were part of a meeting on Wednesday that included a bipartisan group of state lawmakers and representatives from the governor's office and the State Board of Education. After the meeting, four Republican lawmakers issued a statement announcing an agreement, but without providing any specific details.
"We're happy to report that after months of examining how best to support our student athletes and high school athletics we've come to an agreement. We believe this agreement will put the needs of our student athletes first, while allowing for a better, more transparent governing structure," Rep. John Bell (R-Wayne), Sen. Todd Johnson (R-Union), Sen. Tom McInnis (R-Richmond), and Sen. Vickie Sawyer (R-Iredell) said in a statement.
But the NCHSAA says the only agreement reached in the meeting was a non-concurrence vote in the House on HB 91, which happened on Thursday.
"We do not believe an agreement was reached on any specific items that would then show up in a (memorandum of understanding with the State Board of Education)," Tucker told HighSchoolOT on Friday morning. "The NCHSAA position has been and continues to be that the Association and the State Board of Education need to be afforded the opportunity to formalize a memorandum of understanding outside of the political pressure and coercion of members of the General Assembly."
Tucker called the meeting on Wednesday "awkward." She said Republican lawmakers were mostly discussing their concerns with the State Board of Education representative in attendance.
"The NCHSAA representatives and Democratic representatives in the room were not given much of an opportunity to dialogue, although the senators who have worked with us throughout this process certainly tried," Tucker said. "It was not until the meeting was nearing conclusion that it was made clear that (the seventh version of HB 91) was not the version of the bill they would be putting forward ... All sides agreed that discussions would continue, and we believe that is a positive and productive step from what has occurred in the past."
Representatives from the NCHSAA and member schools have had multiple meetings with lawmakers of both parties over the last few months. Some supporters of the association have spoken publicly at committee meetings in the Senate. The increased dialogue is something Tucker says is a positive development.
"We certainly feel like more legislators are hearing our side of things and learning about what we do. Discussions have been productive with many individuals and groups of legislators, and we believe an informed General Assembly provides the best opportunity to form a partnership that benefits our student-athletes and schools," she said.
After Thursday's vote of non-concurrence in the House, HB 91 will move to a conference committee where lawmakers from the House and Senate will work together to finalize language in an amended version of the bill.
There have been no specific items discussed about where this legislation ultimately ends up. She said the association believes legislation is unnecessary to formalize a relationship between the NCHSAA and the State Board of Education.
"We believe that if the General Assembly still feels it necessary to pass some form of legislation, a clean bill free from prescriptive items is the best path," she said. "Simply requiring the Association and the State Board of Education to enter into a memorandum of understanding for the governance of high school athletics would be best for the students and schools of our state."
Attorneys for the NCHSAA and the State Board of Education have been working on a potential memorandum of understanding. The NCHSAA submitted a draft memorandum of understanding to the State Board of Education before the full Senate voted on HB 91. Tucker said the association hoped it would influence the opinions of some senators. The vote passed almost entirely along party lines with just one Democrat voting in favor of the bill.
"Several items (from the draft memorandum of understanding) were shared during the meeting, and it was agreed that a full list of what the State Board of Education believed to be necessary for them to sit down to actually negotiate would be forthcoming from the State Board of Education," Tucker said.
HB 91 currently calls for a memorandum of understanding to be in place by mid-October, but Tucker called that timeline "unrealistic at this point."
"We are prepared to work quickly, but everyone must remember that the NCHSAA staff does not make the decisions. We work on behalf of our membership, with the Board of Directors, and representing them on any agreement that could potentially impact bylaws and procedures of the association," Tucker said.
NCHSAA unsure of end game, still concerned about future
Tucker said lawmakers have not provided any guidance on what their ultimate end goal is for HB 91, but the association is keenly aware of how this legislation started — as an attempt to completely dissolve the NCHSAA and replace it with a government-run organization.
"We certainly have heard from other parties what they believe to be the end goals of the sponsors of HB 91," Tucker said. "Let's not lose sight of the fact that on July 20th, this process began with a bill to dissolve the association in total. With that remaining in my mind, I as the commissioner find it difficult to believe that the motives now, as has been said, are to do what is in the best interest of our 427 member schools and the over 200,000 student-athletes who participate in our programs."
The original language in HB 91 would have allowed the NCHSAA to complete the 2021-2022 school year, but would have transitioned governance of high school sports to a new organization within the Department of Administration. The organization would have been run by a board appointed by the Senate, House, and Governor.
"That was a real threat to end the association that has responsibly and effectively governed high school athletics for over 100 years in our state," Tucker said.
When the legislation to dissolve the NCHSAA was introduced in July, Tucker held a press conference along with members of the NCHSAA Board of Directors, the N.C. Athletic Directors Association, and the N.C. Coaches Association. Numerous other organizations came out in opposition to the bill, and a survey conducted by HighSchoolOT found about 85% of athletic directors opposed the plan.
"Earlier this summer we were certainly concerned about the potential demise of the association and the quick nature of that attack on the association and its member schools. The impact of the original version to dissolve the association would have been devastating to high school athletes and schools in our state," Tucker said. "While we feel better that where we are today would not end the association immediately, we remain very concerned about the future of high school athletics and want to ensure that our member schools are able to enjoy the benefits that the NCHSAA has been able to provide students and communities for over a century."
The current version of HB 91 would have major impacts on the operations of the NCHSAA. Among other things, it would prevent the NCHSAA from giving scholarships to students and grants to schools, it would prevent the association from forming corporate sponsorships, and it would impact the ability of the NCHSAA to fund state championship experiences schools have become accustomed to.
"We believe these are critical items for the future of high school athletics. We feel that to continue the tradition of excellence that the association is known for across the country, we must be very diligent in our efforts to help get it right — if there must be legislation. The cost of failure is simply too high for our students and schools," Tucker said.
Tucker pointed to the $5.7 million the NCHSAA distributed to member schools over the last year during the COVID-19 pandemic. She said the NCHSAA operating budget was less than $4 million.
"So that $5.7 million distribution would have been impossible without the faithful stewardship of our association's resources, partnerships, and budgeting by the Board of Directors and staff over the course of many years," Tucker said. "The ability to thrive and support our schools and their athletic programs in such a large way during one of the most challenging times in our nation’s history is a testament to the ability of our member schools to govern themselves and protect shared resources. This has allowed the critical work of education-based athletics to continue today and hopefully in perpetuity here in North Carolina."