Private high schools playing in public school Leagues... Update: February 10, 2018

   The Oklahoma Secondary Schools Activity Association (OSSAA) began classifying private school members in 2012 by requiring advantaged  private schools to advance one enrollment based classification level upward. If any particular private school met some convoluted and complex criteria for determining systemic advantages, it must advance one enrollment based level when competing in the OSSAA. For instance, if a private high school has 300 students which would place it in class 3A, and the private school has met all advantaged criteria for advancement - the private school would be placed in class 4A when competing in the OSSAA. Several private high schools have met the criteria and advanced to the next classification level since 2012.
   This private school "advancement system" was put in place by the OSSAA in order to provide a "level playing field" between private schools and public schools, but has been largely unsuccessful for the last 5 years. Many OSSAA members now believe the new classification system was an utter failure, based on collected data and analysis over the last five years.
   So, how do other states deal with private schools playing in public school leagues? In Georgia, the GSHA used a 1.5 multiplier from 2000-08. The former GHSA "multiplier system" for private school classification is similar to the OSSAA system for advancing private schools in that a private school's enrollment is multiplied by 1.5 to determine the appropriate classification. For instance, if a particular private high school has 300 students (class 3A), the 1.5 multiplier would indicate 450 students - which would effectively place it in class 4A.
   The GHSA eliminated the 1.5 multiplier rule in 2008, when it became known that it was ineffective for "leveling the playing field" in high school sports. Then, beginning in 2012, private schools with 520 students or less - began competing in their own playoffs. GSHA officials determined the only way to "level the playing field" for high school athletics was to mimic the classification system used by the NCAA. The NCAA divides universities not according to the schools' enrollment numbers, but by financial assistance provided to students. NCAA Division I schools provide scholarships to students and have their own playoff system; NCAA Division II schools provide scholarships and have their own playoff system; NCAA Division III schools do not provide student scholarships, and have their own playoff system.
   Like Jenni Carlson, sports writer for the Daily Oklahoman, said in an article on November 7, 2017 - "The private school classification modifiers that the schools concocted are about as convoluted as rules come... The schools that have membership in the OSSAA can pass whatever rules they want. They can make changes and add caveats and include exceptions. But if the result is a rule with more contortions than a circus side show, they shouldn't be shocked if something goes awry."
Update: After examining high school athletics and activity classification systems from all 50 states, the best indicated course of action for Oklahoma would appear to be the following OSSAA Resolution:
                                           Application for Proposed Rule Change

Whereas, the Oklahoma Secondary School Activities Association (OSSAA) recognized private member schools in 2011 as having advantages when in competition with public school members, including but not limited to - providing student financial assistance and selective enrollment; and,

Whereas, the OSSAA re-classified member schools in 2012, in recognition of the aforementioned private member school advantages that created an unfair competition venue, which advanced private schools meeting specific criteria - one "enrollment based level (ie, A to 2A, 2A to 3A, etc.) for sanctioned state TOURNAMENTS, MEETS, AND CONTESTS; and,

Whereas, in 2017, after 5 years of re-classification based on the recognized private school advantages, the OSSAA recognizes, based on observed evidence, data, and analysis - that the re-classification of private schools based on number of enrolled students has not been effective for "leveling the playing field"; and,

Whereas, in order to provide for a level and fair competitive atmosphere within the extra-curricular activities programs within the state of Oklahoma, this proposed rule change is presented to Mr. David Jackson, Executive Director, in order to be submitted to the governing Board of the Oklahoma Secondary Schools Activities Association.

Therefore, be it resolved that in order to enhance the competitive spirit in high school extra-curricular activities in Oklahoma, the OSSAA does hereby request rule changes to re-classify membership of schools which have the ability to decline admission or enrollment to a student, even if the student and student's parents (or custodial parent or court appointed guardian with legal custody of the student) reside within that school's public school district or designated geographic area, to a separate classification, including levels, for TOURNAMENTS, MEETS, AND CONTESTS governed by OSSAA.

Furthermore, the below signed Member schools request a vote from all Member schools regarding the creation of a SEPARATE CLASSIFICATION for the above mentioned schools to happen as soon as possible in order to begin the transition prior to the July 1 deadline for implementation.

Update, January 15, 2018:   Article VII Section II of the Oklahoma Secondary Schools Association (OSSAA) Constitution states: Amendments to the Rules of the Association shall require a majority vote of the member schools voting by ballot. Any proposed amendment to the Rules must be submitted by the Board of Directors or by petition signed by at least twenty (20) member schools in writing to the Executive Director. The Board of Directors shall determine whether any proposed amendment submitted by petition shall be presented to the membership for a referendum vote... If the Board of Directors elects not to present the proposed rule change for a vote, or if the proposed rule change is not approved by a majority vote, then the same rule change may not be resubmitted to the Executive Director for a period of at least one year. The rules creating and defining classifications for football, basketball and baseball further may not be amended more than every four years.
   The 15 member Board of Directors for the OSSAA is composed of school administrators from across the state and includes:
President Rick Pool, Kiowa
Vice-President Jason Sternberger, Kingfisher
Dr. Mike Simpson, Guthrie
Bryan McNutt, Antlers
Mark Hudson, Preston
Chris Brewster, Santa Fe South Charter School
Don Schneberger, Boone-Apache
Jerry Olanson, Glenpool
Dr. Sean McDaniel, Mustang
Cecilia Robinson-Woods, Millwood
Darren Melton, Lincoln Christian Private School
Jerry Needham, Oktaha
Duane Merideth, Durant
Rusty Puffinbarger, Leedey
Shane Booth, Tipton

   In 2010, several public school administrators were urging the OSSAA to allow a membership vote on "leveling the playing field" in competition between public and private schools. The employed tactic of choice for blocking a vote, at that time, was the private school threat of lawsuits - if the OSSAA proceeded. Of course, one public school even considered suing the OSSAA if no level playing field was provided, but it fell on deaf ears - as everyone knows public schools don't have the money to sue. (Ultimately, one private school did sue the OSSAA for "unfairly moving a private school up one classification level, from 4A to 5A", so the OSSAA relented, and allowed the private school to continue playing in class 4A.) The elephant in the room has been and is now - a fear of being sued, as the reason for not leveling the playing field.
Update: January 23,2018 - Tuesday, the Resolution for re-classifying private high schools along with 21 member school signatures have been presented to the OSSAA Executive Director, David Jackson. Mr. Jackson has agreed to place the Resolution on the February 7 OSSAA Board Agenda for consideration by the Board of Directors. The Board of Directors will consider allowing the OSSAA member schools to vote on approval of the re-classification proposal. The regular board meeting on February 7 at the OSSAA building is open to the public, so anyone may attend to witness the proceedings. A school superintendent is scheduled to speak regarding the re-classification agenda item, but it is not clear at the moment if anyone else will speak. I'm quite sure someone may speak in behalf of leaving the current classification system in place, but it is still unknown who that may be. Please put February 7, 2018 on your calendar, at the OSSAA building in OKC...
Update: February 10,2018 - The OSSAA Board of Directors heard the re-classification rule for non-public schools on February 7, 2018 at around 9:15 AM at the OSSAA building north of the state capitol. Before we analyze the results of the roll-call vote, let's examine Article VII Section II of the OSSAA constitution for clarity as to how a rule change may be presented and how often a rule change may be presented for allowing the change to be forwarded to the membership for a vote. First of all, Art. VII Sec. 2 states that a proposed amendment ... must be submitted by the Board of Directors or by petition signed by at least (20) member schools in writing to the Executive Director (David Jackson). Specifically, the Board of Directors could have presented the rule amendment to the Executive Director for consideration on February 7, but did not. The reasons that none of the Directors presented the rule amendment to the Executive Director remains unclear, but it would have prevented the work and time spent gathering (20) membership signatures, for several member schools. The only way to know for sure is to ask any Directors that specific question - "If you believe the playing field is not level for private schools vs. public schools in the OSSAA, why did you not forward the Amendment to the Executive Director, for consideration for a membership vote?".
   A motion was made by one board member to not send the classification rule amendment to a vote of the membership. In other words, the member believed the entire OSSAA membership should not be allowed to vote. The motion was seconded by another, so a roll-call vote was taken in which the board members voted 12 Yes - 2 No, to approve blocking a membership vote. It is still unclear why the vote was just the opposite of what many predicted. Either the board of directors are in agreement that some rule change for private school classification is due, but this is just the wrong rule change (As a matter of fact, the member who made the motion actually stated this), or they believe in order to prevent "legal blow-back" (private lawsuit), they are prevented from allowing the entire membership to vote. I believe it's a combination of both reasons. So, before anyone calls for a "lynching" of the directors or voting them out, let's test both theories to see if each is truthful:
   Part of Sec. 2 Article VII reads: If the Board of Directors elects not to present the proposed rule change for a vote, or if the proposed rule change is not approved by a majority vote, then the 'same rule change' may not be resubmitted to the Executive Director for a period of at least one year. So, many constitution experts interpret this phrase to mean that a different rule change may be submitted. In compliance with Article VII, Sec. 2, we will begin gathering signatures for presentation of a different rule change, so if any voting delegates or superintendents would like to sign on, please contact the Blanchard Athletic Director, and he will provide the rule change resolution.
   To test the "private lawsuit" theory for rejecting the first rule change resolution: Since the OSSAA claims it is a private non-profit organization, it may be sued by private interests. But if the rule change is passed by the State Legislature, instead of the private organization itself - No Public Agency may be sued, so the OSSAA would not be forced to spend $millions in defending against a frivolous lawsuit. We intend to move forward with a classification rule change through the State Legislature as well, but we need your help. I've had dozens of contacts since the failure of the rule change vote asking how public school supporters can help.
   The Private school re-classification rule may be passed as a Legislative Bill which prevents the OSSAA and public schools from being sued. We need the help of high school athletic directors, coaches, parents of public school students, and all those public school supporters who believe the playing field is tilted toward private schools in the OSSAA to contact any member of the Senate Education Committee or the House Common Education Committee - and tell them that the "public schools need your help" and it is time for the Legislature to step in to protect our public members from frivolous lawsuits. The members of the Senate Education Committee are:
Gary Stanislawski District 35, ph.# 405-521-5624
Ron Sharp District 17, ph# 405-521-5639
Mark Allen District 4, ph# 405-521-5576
Michael Bergstrom District 1, ph.# 405-521-5561
Josh Brecheen District 6, ph.# 405-521-5586
JJ Dossett District 34, ph.# 405-521-5566
Tom Dugger District 21, ph.# 405-521-5572
Eddie Fields District 10, ph.# 405-521-5581
Dewayne Pemberton District 9, ph.# 405-521-5533
Paul Scott District 43, ph.# 405-521-5522
Jason Smalley District 28, ph.# 405-521-5547
Anthony Sykes District 24, ph.# 405-521-5569
Roger Thompsen District 8, ph.# 405-521-5588
Allison Ikley-Freeman District 37, ph.# 405-521-5600

The members of the House Common Education Committee are:
Michael Rogers District 98, ph# 405-557-7362
Rhonda Baker District 60, ph# 405-557-7311
Chad Caldwell District 40, ph# 405-557-7317
Donnie Condit District 18, ph# 405-557-7376
Katie Henke District 71, ph# 405-557-7361
Dustin Roberts District 21, ph# 405-557-7366
George Young District 99, ph# 405-557-7393
Ed Cannaday District 15, ph# 405-557-7375
Mickey Dollens District 93, ph# 405-557-7371
Jadine Nollan District 66, ph# 405-557-7390
Chuck Strohm District 69, ph# 405-557-7331
Dennis Casey District 35, ph# 405-557-7344
Tom Gann District 8, ph# 405-557-7364
Mike Osburn District 81, ph# 405-557-7360
Todd Thompsen District 25, ph# 405-557-7336

 It would be better to call the lawmaker(s) in your district only, as you are their constituent. Only Ron Sharp of the Senate and Dennis Casey of the House have the Rule Change Bill in hand as of now. All of the committee members listed are public school supporters, so welcome your call... We need this bill to be heard in committee...