For many years some Nebraskans have complained about the Nebraska School Activities Association's (NSAA) freedom from the requirements that other governmental entities must obey, such as open meetings, open records, and so on. Here's the thing: the NSAA is a private non-profit. A substantial majority of its member organizations are government entities (public schools), but the NSAA itself is private.
Our own Sen. Bill Avery wants to change that. LB 1021 would force the NSAA to abide by open meeting and open records laws. If it doesn't, its assets will be liquidated and distributed to its member schools. That sounds like something straight out of Venezuela.
To the best of my knowledge the NSAA is a voluntary, private organization tacitly approved by the State, but not explicitly created by or controlled by the State. If that's true, Senator Avery's bill makes me uncomfortable. I don't like the idea of the state government taking over a private entity by force of law. If Senator Avery thinks the NSAA is so terrible, why doesn't he instead craft a bill that creates the state's own controlling body for school activities? Or simply forbid public schools from joining organizations that meet (or fail to meet) specific criteria?
Even putting aside the creepy "do what we say or we'll take over your organization" perspective, Senator Avery's bill takes school activities exactly the wrong direction. There should be far less government control over (most of) the activities overseen by the NSAA, not more. LB 1021 takes Nebraska farther into a quagmire we ought to be working our way out of.
I could go on about that for hours. What do you think of Sen. Avery's bill, or the NSAA in general? Is Avery on the right track?
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No he is not on the right track. NSAA today, and what tomorrow?
With that said, they should be open meetings. Perhaps if this one needs to be fixed by law, a better idea would be that for government entities to join such a group, the group needs an open door policy. Thus, the state can’t just take over the NSAA, it would just preclude public schools from being part of it if they don’t open up the meetings.
This organization is taking taxpayer funds (85% of their budget, I believe) and then deciding policy for events that occur at facilities owned by the taxpayers. I think Senator Avery is correct. Is he saying that the NSAA is terrible? I’m not getting that message. Transparency and accountability regarding taxpayer funds are good things.
Is it your position that any private organization that gets a majority of its budget from government sources can be taken over by those governments any time the government sees fit? There are a lot of private organizations—non-profits, not-for-profits, and businesses—that get a majority of their funding from local, state, and/or federal governments. I shudder at the suggestion that a government could liquidate any of those organizations at will.
Most of those organizations are providing goods or services. This one is deciding policy. There’s a difference.
I disagree. There is no difference. However you slice it, the government is taking over a private entity without that entity’s consent. If we permit our government to do such a thing without a really darn good reason, we’re setting ourselves up for some very scary lessons on the perils of authoritarianism.
There are two legitimate solutions to the problem Sen. Avery perceives. The first is to lobby the NSAA to change its ways. That can be done directly and/or via the member schools. The second solution is for the State of Nebraska to form its own version of the NSAA for public schools. Either option is infinitely more acceptable than a hostile government takeover.
Do you (or would you) also support a hostile government takeover of the NCAA? How about the American Red Cross? The Boy Scouts of America? The National Education Association? There are countless organizations out there that are de facto policymakers in the same vein as the NSAA. Where do you draw the line?
Personally I prefer to draw the line at “never”. Other options are available that don’t require trampling upon fundamental human rights. In the specific case of the NSAA there’s absolutely no need for Nebraska to be a bully. The State should either get over it; fight legally from within the NSAA; or start its own club.
I thought the tax funds the NSAA received were from the school’s registration fees at the beginnings of the school year—$40 to register and then $55 per activity the school sponsors.
Even then, most of that money comes from the school’s activity fund—which is mostly derived from admission fees at the local level. Not too many schools receive help from the overall general fund (Tax money funded) anymore.
Are all of the admission fees that people pay also considered tax funds? How can you consider public admission fees tax funds? Something doesn’t sound right with that figure (85%).
I would be in favor of a government takeover of the NCAA.
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