The UHSAA is a private non-profit, but it is also considered a state actor.

"It seems we either need to endorse the (state school) board rule" that cedes that policymaking duty to UHSAA, Stephenson said. Or the state school board needs to take the advice of the UHSAA and make the rules itself using the administrative rules process, rather than the process used by UHSAA, which is one of allowing each of the 127 individual member schools to vote on rule changes or new rules to the constitution or by-laws.

Lesser changes are voted on by the UHSAA's executive committee and/or board of trustees. A state school board member sits on the board as a voting member.

The issue of where the UHSAA gets its authority arose out of a question of accountability. While the Legislature indicated it would like the UHSAA to be more accountable to state government, UHSAA officials said they are accountable to the member schools, who are, in turn, principals, local school board members and superintendents of the districts most affected by UHSAA policies and decisions.

"We are accountable at the very grass roots level of state government," VanWagoner said.

While the UHSAA's board of trustees is set to take up the issue of changing UHSAA rules to allow more charter-school students to participate in their home boundary school, the legislative rules committee is still discussing whether lawmakers or the state board need to make adjustments to laws or rules governing the UHSAA's role.

---

E-mail: adonaldson@desnews.com