Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 16-1603-A - Pennsylvania Athletic Oversight Council(a) The Pennsylvania Athletic Oversight Council is established.(b) The council shall have seventeen voting members, appointed as follows: (1) Two members of the Senate, of which one shall be appointed by the President pro tempore of the Senate and one shall be appointed by the Minority Leader of the Senate. To the greatest extent possible, appointees should have some experience in interscholastic athletics or shall be parents of students involved in interscholastic athletics.(2) Two members of the House of Representatives, of which one shall be appointed by the Speaker of the House of Representatives and one shall be appointed by the Minority Leader of the House of Representatives. To the greatest extent possible, appointees should have some experience in interscholastic athletics or shall be parents of students involved in interscholastic athletics.(3) The Secretary of Education or a designee.(4) Twelve members shall be appointed as follows:(i) The following organizations shall each submit three nominations to the Governor, who shall then select two of the names submitted from each of the organizations to serve on the council. To the greatest extent possible, these appointments shall be representative of all of the Pennsylvania Interscholastic Athletic Association's athletic districts:(A) The Pennsylvania Association of Secondary School Principals.(B) The Pennsylvania Association of School Administrators.(C) The Pennsylvania School Boards Association.(D) The Pennsylvania State Athletic Directors Association.(ii) The following organizations shall each submit two nominations to the Governor, who shall then select one of the names submitted from each of the organizations to serve on the council. To the greatest extent possible, these appointments shall be representative of all of the Pennsylvania Interscholastic Athletic Association's athletic districts:(A) The Pennsylvania Congress of Parents and Teachers.(B) The Pennsylvania Coaches Association.(C) The Officials Council.(iii) One member, as selected by the Governor, representing those nonpublic schools that are members of the association.(5) At least one member appointed under paragraph (4) must be associated with women's athletics, including a coach of a women's athletics team or the parent of a participant in women's athletics.(c) Terms are as follows:(1) Members appointed by the Governor shall serve for the duration of the existence of the council.(2) Legislative members appointed by the Senate and the House of Representatives shall serve at the pleasure of the appointing authority.(d) Vacancies occurring on the council by death, resignation, removal or any other reason shall be filled within thirty (30) days of the creation of the vacancy in the manner in which that position was originally filled. An individual appointed to fill a vacancy shall be appointed for the unexpired term of the member he succeeds.(e) The members of the council shall receive no actual compensation for their services. However, all expenses reasonably necessary for the members of the council to perform their duties shall be paid by the Department of Education.(f) The duties and responsibilities of the council shall be as follows: (1) To meet no less than four times a year at the call of the chair. All such meetings shall be conducted in accordance with the requirements of 65 Pa.C.S. Ch. 7 (relating to open meetings).(2) To make recommendations concerning changes to the administration of interscholastic athletics to the association. The council shall make recommendations on issues, including, but not limited to:(ii) Athletic eligibility.(iii) Transfers of students.(iv) Expansion of PIAA-sanctioned athletic competitions or sports, including the addition of other athletic associations into PIAA-sponsored championships.(3) To review and monitor the efforts of the association to meet the criteria listed in section 1604-A(a) and (b) . (4) To hold public hearings, subject to the requirements of 65 Pa.C.S. Ch. 7, on any issue concerning interscholastic athletics. These issues shall include, but not be limited to: (ii) Athletic eligibility.(iii) Transfers of students.(iv) Expansion of PIAA-sanctioned athletic competitions or sports, including the addition of other athletic associations into PIAA-sponsored championships.(5) To have access to all books, papers, documents and records of the association in order to complete the annual report required under clause (6).(6) To issue an annual report to the chairman and minority chairman of the Education Committee of the Senate, the chairman and minority chairman of the Education Committee of the House of Representatives and the president of the association summarizing:(i) The council's meetings, public hearings and other action taken by the council.(ii) The recommendations of the council made during the year and the association's response to each recommendation.(iii) The efforts of the association to meet the criteria listed in section 1604-A(a) and (b).(7) To issue a final report three (3) years after the Governor has made the final appointments to the council to the chairman and minority chairman of the Education Committee of the Senate and the chairman and minority chairman of the Education Committee of the House of Representatives and the president of the association summarizing all of the council's actions and recommendations over the previous three (3) years, the association's response to each and the final determination of the council under subsection (g).(8) To elect a chairman and a vice chairman.(9) To, at the council's discretion, request the committee to perform an audit on any phase of the association's compliance with the criteria listed in section 1604-A(a) or (b), as necessary for the purposes of completing its annual or final report.(g) Expiration of council is as follows: (1) If, by a majority vote, the council finds that the association has met the criteria listed in section 1604-A(a) and (b) to its satisfaction, the association shall continue to oversee the operation of interscholastic athletics in this Commonwealth, and the council shall expire. The council shall publish a notice of its expiration in the Pennsylvania Bulletin.(2) If, by a majority vote, the council finds that the association has failed to meet the criteria listed in section 1604-A(a) and (b) to its satisfaction, the council shall, within one (1) year of its finding, submit a proposal for the selection of a new entity to oversee the operation of interscholastic athletics in this Commonwealth to the chairman and minority chairman of the Education Committee of the Senate and the chairman and the minority chairman of the Education Committee of the House of Representatives. Upon submission of the proposal, the council shall expire, and the council shall publish a notice of its expiration in the Pennsylvania Bulletin. The association shall be allowed to continue to oversee the operation of interscholastic athletics in this Commonwealth only until such time as a new entity is authorized to do so.(h) Staff.--The Pennsylvania Department of Education shall provide support staff as needed to the council.1949, March 10, P.L. 30, No. 14, art. XVI-A, § 1603-A, added 2000, Nov. 22, P.L. 672, No. 91, § 5, imd. effective. Amended 2002, Dec. 9, P.L. 1472, No. 187, § 4, imd. effective.