VHSL and LCA Settlement

  For those who were able to make it, I would like to thank you for taking the time to attend the Heads of School and Athletic Directors VISAA meeting on August 11 at the Short Pump Hilton in Richmond. We had over 150 attendees. The VISAA Executive Committee and staff organized the meeting to give School Heads and Athletic Directors, the opportunity to learn more about the VISAA’s origin, purpose, organizational structure and current rules and policies and future planning.

Areas that the VISAA will be discussing and seeking input from the membership during the 2015-16 school year include:

·         VISAA rules response to violations in the area of:

o   Recruitment/inducement of students for athletic purposes

o   Repeating of students for athletic purposes

o   Financial aid to students for athletic purposes

·         Proposed six semester of athletic eligibility beginning with the tenth grade.

From the evaluations submitted by attendees of the meeting, one of the items highlighted was the need for more on the Liberty Christian Academy/VHSL lawsuit. Here is what we know about the background of the case and the settlement reached, and how it potentially affects the VISAA and its member schools.

 LCA, as the only Division 1 School in the western region of the state, was having trouble getting schedules for their teams from VISAA member schools or nearby public schools. They had previously asked the VISAA to help them arrange a schedule but were reminded by the association that member schools had the right to schedule schools of their choice.  

Several years ago LCA partitioned the VHSL for membership and was turned down. LCA continued to explore options and in 2014, sued the VHSL for membership in the VHSL based on alleged violation of anti-trust laws by the VHSL. In early 2015, a tentative agreement was reached by LCA and the VHSL but the settlement was rejected by the LCA Board of Trustees. A court appointed arbitration in May resulted in the VHSL agreeing to open membership to private schools under the guidelines specified below.

 As a result of the agreement all non-boarding private schools in Virginia now have the option of choosing membership in the VHSL rather than the VISAA.  Any private school that joins the VHSL must meet the same individual participant eligibility requirements and regulations as public school students currently meet with certain changes and adjustments.

I have highlighted certain key portions of the VHSL/LCA agreement and corresponding changes to the VHSL rules below.

1.   School attendance zones:

·         Member private schools have the option of adopting the public school attendance zone where their campus is located or adding one additional contiguous attendance zone and be subject to a multiplier for the playoffs.

·          A 1.5 multiplier would be used for coed schools and a 2.0 multiplier would be used for single sex schools.

·         A school would report its enrollment figures in March and the multiplier would be applied to determine which of the 6 VHSL classifications would be used for the school, and then according to those enrollment numbers a VHSL conference would be assigned for the school. There are other provisions of the settlement, such as an exemption to the semester rule and transfer rule that schools should understand in making their choice.

    2. Transfer rule: “The student shall not have enrolled in one high school and subsequently transferred to and enrolled in another high school without a corresponding change in the residence of his/her parents, parent, or guardian. Home instruction does not constitute enrollment in a public school. Home schooling is a process through which Virginia Code compulsory education requirements may be met, as is private schooling. Home schooling is the equivalent of school enrollment for Transfer Rule purposes, and determining whether the student has met Scholarship Rule requirements of having passed five academic subjects recognized by the Virginia Department of Education in the most recent prior semester.

Note (1): Any student who transfers from a non-VHSL member school (i.e., a non-member Virginia non-public school, a home school or a school from a state outside Virginia) to a VHSL non-public member school shall be eligible immediately, provided that student was continuously enrolled in the school from which he/she is transferring for one calendar year prior to such transfer.”

3. Semester Rule: “The Executive Director shall waive the Semester Rule for designated students at non-public member schools the first year such schools are members in the public school division if the student participated in varsity athletics in 8th grade or because the student repeated a high school grade and therefore is, or in the future will be, a fifth-year senior. The Semester Rule waiver will apply to each designated student throughout his or her time in high school and is not any waiver of the Age Rule or Scholarship Rule.”

4. Possible Formation of Private and Public Schools Divisions in the VHSL: “VHSL will seek from the Virginia Independent Schools Athletic Association (VISAA) and agreement to incorporate and include VISAA as a private school division which have its own autonomous rules, governance, finances, and management, but will have VHSL member status (hereafter the “private school division”). The private school division will exist alongside the current VHSL membership (hereafter the “public school division”).”

Nothing has been agreed to on this matter to date. The concept is still being discussed by the VISAA Executive Committee and the wording and mechanics for implementing this possible change still need to be worked out by the VISAA and the VHSL.

If the decision is made to move forward, we plan to send the agreed upon wording to the NFHS for its approval, which, if obtained, would allow the VISAA to become a full member of the NFHS instead of an affiliated member. This would mean our member schools would be able to compete against public schools in other states and on spring trips to other states in the United States as we would be included in the approved state association for the governance of athletics.

Obviously there is more to the settlement. I hope that this explains what I think are the key areas of it. Please feel free to contact me if you have additional questions on any item discussed at the meeting.