The Oahu Interscholastic Association filed for incorporation Thursday, a first step toward groundbreaking autonomy aimed at resolving longstanding issues involving the Department of Education over who is responsible for management and oversight of public high school athletics in the state.
The OIA, which will enter its 80th season of operation this fall, represents 30 public high schools on Oahu, making it the largest league in the state. Its path toward autonomy is expected to be followed by three neighbor island leagues — the Big Island Interscholastic Federation, Kauai Interscholastic Federation and Maui Interscholastic League — that, combined, contain 31 public and charter schools.
Lyle Hosoda, lead attorney for the OIA, said, “The goal is to strengthen consistency and clarity related to the governance of competitive high school athletics between the two entities (OIA and DOE). This promotes autonomy, flexibility and optimal opportunities politically and financially to enhance opportunities for Hawaii students.”
Overall, there are approximately 25,000 participants from public and charter schools in athletics in grades 9 through 12 in the state.
DOE Superintendent Christina Kishimoto said, “It is our collective goal to establish a formalized agreement that will help to clarify the structure and roles of this long-standing partnership between the Department and the OIA. The Department remains committed to maintaining a dedicated partnership with OIA, Inc., and we look forward to solidifying this relationship for continued success.”
While issues of separation and governance have periodically been discussed for decades, they have been further illuminated by some recent court cases that have revived questions about where the DOE responsibility ends and league authority begins.
A lawsuit filed in U. S. District Court in December by the ACLU on behalf of parents of Campbell High female athletes alleging discrimination in athletics based on gender names both the OIA and DOE and asserts, “The DOE is pervasively entwined in the management and control of the OIA.”
For example, OIA executive directors have traditionally had their salaries paid by the state, while their duties have encompassed both entities. At various points in history OIA board members have been appointed by the DOE superintendent. Currently the OIA office is on the Radford High campus.
A task force is reportedly working on a comprehensive memorandum of understanding that would outline each party’s responsibilities in several areas, including use of facilities, equipment, insurance and compliance with Title IX, now known as the Patsy T. Mink Equal Opportunity in Education Act.
Approval of incorporation papers, which were filed with the Department of Commerce and Consumer Affairs, would allow the OIA and, in subsequent filings, the other leagues, to achieve 501(c)(3) status under the Internal Revenue Code, making them exempt from federal income tax and qualifying them to receive tax deductible transfers.
A person briefed on the OIA plans said the setup will be similar to many interscholastic leagues and associations on the mainland.
It is a key step for the leagues who will have to raise funds for the salaries of executive directors as well as operating and other expenses.
Initially, the leagues are likely to seek a special appropriation of as much as $750,000 from the upcoming session of the Legislature to help underwrite the change-over, officials said.