As private high school sports reap successes, Kansas unlikely to impose a modifier in 2023

A proposed classification modifier intended to level the postseason playing field between public and private high schools likely won't happen this year, even as supporters point to this month's basketball championships as demonstrating the need for change.

The proposal from the Kansas State High School Activities Association would implement a three-pronged modifier that could cause private schools to move up in classification to compete against larger schools.

But the plan in HB 2003 is stuck in the House Education Committee. The chair, Rep. Adam Thomas, R-Olathe, isn't planning for his committee to take any action this year.

"I don't believe this session it's going to come up," he said.

He said next year could be possible.

"The votes aren't there to pass it," Thomas said, adding, "There's a lot of questions that folks still have and a lot of potential amending language."

More:Will private high school sports have classification modifier? Kansas lawmakers to decide.

The KSHSAA executive board and board of directors have already approved the plan, as have a majority of member schools and a majority of the classification. The Kansas State Board of Education added its approval last summer.

But before the plan can be enacted, KSHSAA needs the approval of the Legislature and the governor. They started the process in January with a hearing before the House Education Committee.

Since then, the committee hasn't taken any further action on the bill, HB 2003.

"We'll try to learn from the chairman what were those reasons that it didn't get worked," said Bill Faflick, the KSHSAA executive director. "And it may be that he didn't feel like there was enough support for it on the committee. I'm not sure, so I'll wait until I have that conversation.

"It's kind of a work in progress for us, too. Nothing's dead until the session is over, but at this point, they haven't taken any action on it."

A similar bill in the Senate — SB 32 introduced in January by Sen. Brenda Dietrich, R-Topeka — never had as much as a hearing in the Senate Education Committee.

The House bill was introduced by Rep. Tim Johnson, R-Basehor. While he said he doesn't expect it to pass this year, he added, "Never say never."

He acknowledged that it could be added as an amendment to another bill, such as the school choice bill worked on the House floor Tuesday afternoon, but "I was asked not to," he said.

Johnson declined to say who made the request.

"It's a bill that needs to be debated on its own merits as opposed to sneaking it in as an amendment to something," he said.

More:After close state board vote, KSHSAA private school multiplier now in hands of Kansas Legislature

Private schools win three of 14 basketball championships in 2023

Whether the outcome of winter sport championships influences one's views on the need for a private school modifier likely depends on one's perspective, Faflick said.

"We certainly have some schools that have tremendous recent success and historical success," he said. "I believe, of the 14 basketball champions, there were three private schools. That's probably a little bit greater than the percentage of 7% of the membership. So I don't know if it reinforces it or not, that probably depends on what school community you're from."

In 5A girls, the champion, runnerup and third-place titles all went to private schools. St. Thomas Aquinas, the No. 4 team, won the championship after a title run that included a 44-point drubbing of No. 5 Topeka Highland Park. Bishop Carroll came in second after beating two public schools in the first two rounds by 11 and 28 points. St. James Academy, the No. 8 team, finished third. Their first-round matchup was a 13-point win over top-seeded Seaman High in Topeka.

More:Seaman girls basketball seniors play key roles for top seed in 5A state tournament

St. Thomas Aquinas has won seven 5A state championships in a row, with an average margin of victory of 11 points in the title games. In 2020, when the season was cut short due to the coronavirus pandemic, the team was in the final four.

In 4A girls, No. 8 Bishop Miege beat No. 1 Wellington by 31 points, then No. 5 Hugoton by 21 points before beating No. 2 McPherson by 14 points in the title game.

In the past 10 seasons, Bishop Miege has won eight 4A state titles. The average championship game margin of victory was 17 points. The two years they did not win it all include a 4-point overtime loss to McPherson in the title game, then 2020 when they made it to the final four before the rest of the tournament was canceled.

In 2A girls, No. 2 Elbing-Berean Academy beat its three public school opponents by an average of 15 points on its way to a state championship. The third-place team was No. 1 Pittsburg-St. Mary's Colgan.

More:6 Topeka-area basketball teams competed at state. Here's how they finished.

Johnson said the the recent basketball championships, plus the track records of other sports and activities, demonstrate the need for a modifier.

"It's a long-term pattern, 25 years this has been going on," Johnson said. "It's not new, but it's gotten to the point where in the 4A division and maybe 3A, without some changes they will never have an opportunity."

Legislative concerns

Thomas said the wait is for possible amendments, which he does not anticipate will be ready this session, despite the committee first hearing the bill in mid-January.

"What I don't want to do as chair is say, 'Give me all your thoughts and let me just redraft the whole thing,'" he said. "It's up to the will of the committee. If they want amendments, bring your amendments, we'll work the bill and we'll amend it and we can have that discussion."

Under current law, KSHSAA must base classifications solely on enrollment. The proposed legislation is short and simple, adding the three words "and other factors." Thomas said that phrase was of particular concern to several committee members, and more discussion between legislators and KSHSAA officials is needed.

Such language would allow KSHSAA to implement a classification modifier while also allowing for future changes without the need for legislative action, though some lawmakers expressed hesitance to giving KSHSAA essentially a blank check over classification.

More:KSHSAA recommends utilization of multiplier formula for private school classification

Private school officials opposed the bill. Jamie Finkeldei, associate superintendent of the Catholic Diocese of Wichita and president of the Kansas Association of Independent and Religious Schools, told lawmakers that he believes the current system is fair.

He said blaming private schools is "misdiagnosing the problem." Instead, he said, it is a matter of socioeconomics and urban vs. suburban areas.

The modifier is targeted at private schools that have experienced greater levels of success in championships, and Finkeldei suggested that it should be applied to public schools that also win a larger share of state titles.

Other private school officials said a modifier penalizes students in other activities that happen to attend a school with a dominant program in a different activity.

"During the committee hearing, there was a lot of talk of, 'Well, if we change this, if we change this, if we amend this, I don't like this line,' it just kind of turned into OK, now we have a lot of unanswered questions," Thomas said. "As chair, I don't want to entertain seven different amendments that all change one or two words.

"Let's all get it together, talk about it and work on a possible amendment and bring everybody in to have that conversation."

Faflick is pressing on.

"The association is certainly interested," he said. "Our membership has asked us to take this forward, so we want to take it forward. We'll provide feedback, and I'm confident we'll get that feedback opportunities."

Johnson said constituents continue to support his efforts at the Statehouse.

"I will not quit, because that's what I promised my kids when I left Basehor, walked out the door in December and walked in here," Johnson said. "I said I will do my best to get this change, so you kids have a fair chance. I have a grandson who will be a sophomore at Basehor-Linwood, and I don't want to happen to him what happened to his father, the same exact thing happen when he's playing for a 4A state championship."

This article originally appeared on Topeka Capital-Journal: Kansas Legislature isn't passing KSHSAA private school modifier bill