The Missouri State High School Activities Association (MSHSAA) has a policy to improve diverse representation within its leadership ranks and has no intention of removing it.
That was the pervading message during correspondence between MSHSAA and the Missouri State Auditor’s office earlier this year, after a nominee for an at-large, Board of Directors position at MSHSAA reported that he was ineligible for that position due to being a white male.
The MSHSAA Board of Directors is comprised of 10 members – one board member in eight geographic regions across the state and two “at-large” members. According to MSHSAA bylaws, the two at-large positions “shall be filled by a candidate representing the under-represented gender of the current board or the under-represented ethnicity.”
The nominee met the criteria for a MSHSAA regional position but did not meet the criteria for an at-large position since the current board is comprised of a majority of white males.
The correspondence between Missouri state government officials and MSHSAA leadership began with an April 16 letter from State Auditor Scott Fitzpatrick to MSHSAA Executive Director Dr. Jennifer Rukstad questioning possible “discriminatory provisions” within the MSHSAA bylaws.
The issue has swelled into an announcement of an investigation into MSHSAA by Missouri State Attorney General Catherine Hanaway and a pre-filed bill by State Senator Jason Bean that would remove power from the MSHSAA Board of Directors and install a governor-appointed board.
In response to Fitzpatrick’s inquiry about possible “discriminatory provisions,” MSHSAA representation replied with a letter dated June 18, 2025. The letter referenced U.S. Supreme Court and lower court rulings which found that “affirmative efforts to foster diversity – especially when not implemented as quotas – are legally permissible under certain circumstances.”
After listing those circumstances, the June 18 letter called the provision in the MSHSAA bylaws “legally and constitutionally sound” and agreed upon by the member schools, “reflecting shared values around inclusion, fairness and educational excellence.”
The final paragraph of the June 18 letter states, “Equity is not the enemy of democracy. Representation is not discrimination.”
On November 14, Fitzpatrick sent a letter addressed to Missouri State Attorney General Catherine Hanaway labeling the MSHSAA provision as discriminatory. It read, “This discrimination is troubling in any setting, but is even of greater concern in this case because MSHSAA derives much of its funding from public sources and plays an important role in the extracurricular life of Missouri’s children.”
The Nov. 14 letter continued, “I urge you to use all the resources at your disposal to right this wrong and ensure the people who plan our extracurricular activities are there for one reason only – they are the best and most qualified people we can find to do the job.”
In early December, Hanaway announced that the Attorney General’s office was conducting an investigation into MSHSAA to “ensure that Missouri students are served by leaders chosen by merit and not the color of their skin.”
MSHSAA responded in a statement issued the following day, “The Missouri State High School Activities Association (MSHSAA) was not contacted by the Attorney General’s Office prior to yesterday’s public announcement. MSHSAA welcomes the opportunity to provide accurate information and looks forward to cooperating once direct communication begins.”
The final two paragraphs of the MSHSAA statement read:
“MSHSAA does not discriminate in any manner. The Association is fully aware of its obligations under state and federal law and remains confident that the provision is lawful, constitutional and fully consistent with the standards expected of an organization serving students across Missouri.
MSHSAA is committed to transparency … We look forward to addressing any questions from the Attorney General once direct communication is initiated.”
As of the December 17 publication date of this article, MSHSAA has not been contacted by the Attorney General’s office according to MSHSAA Director of Communications Andrew Kauffman.
Last week, Republican State Senator Jason Bean proposed a bill (Senate Bill 863) that would remove power from the MSHSAA Board of Directors and install a governor-appointed board that would oversee “any statewide association that facilitates interscholastic activities for secondary school students.”
It is unclear whether non-MSHSAA organizations such as the St. Louis Field Hockey Association and the Missouri Scholastic Lacrosse Association would fall under the purview of a governor-appointed board.
On December 15, MSHSAA Board of Directors President Josh Scott was named the 2025 recipient of the Thomas E. Frederick Award of Excellence by the National Interscholastic Athletic Administrators Association, one of its highest honors.
The Missouri state legislature reconvenes Jan. 7, 2026. If the bill passes, the governor-appointed board would assume power Aug. 28, 2026.
“MSHSAA is seeking to learn about the pre-filed bill and, as always, is interested in listening to the concerns of lawmakers,” Kaufmann wrote in response to an inquiry from Metro Sports STL. “We hope to work together to achieve solutions.”