167.795.  Oversight commission established — definitions — members, terms — duties — annual report — rulemaking authority. — 1.  For purposes of this section, the following terms mean:

  (1)  "Activities association", any nonprofit statewide organization that satisfies the following criteria:

  (a)  The organization facilitates interscholastic activities for secondary school students, including, but not limited to, interscholastic athletic activities;

  (b)  More than fifty percent of the activities facilitated by the organization are interscholastic athletic activities; and

  (c)  The organization's members include at least one public school or school district that pays any fees to such association, including, but not limited to, activity participation fees, tournament registration fees, membership fees, or any other fees or payments relating to membership in the organization or participation in any activities facilitated by the organization;

  (d)  The term activities association does not include organizations that do not facilitate interscholastic athletic activities.  Such organizations may include, but are not limited to, career and technical student organizations, academic honor societies, service organizations, leadership organizations, or other student clubs or organizations that do not facilitate interscholastic athletic activities;

  (2)  "Department", the department of elementary and secondary education;

  (3)  "Public school", as defined in section 160.011.  The term shall be construed to include a charter school.

  2.  Notwithstanding any provision of law to the contrary, beginning in the 2027-28 school year and continuing in all subsequent school years, appeals of decisions made by an activities association may be heard as provided in subsection 3 of this section by the "Interscholastic Athletic Oversight Commission", which is hereby established.  The oversight commission shall consist of five members appointed by the governor, by and with the advice and consent of the senate.  The term of office of each member shall be four years, except that of the initial appointed members, two members shall serve terms of two years and three members shall serve terms of four years.  At the expiration of the term of each member, the governor, by and with the advice and consent of the senate, shall appoint a successor.  If the general assembly is not in session at the time for making an appointment, the governor shall make a temporary appointment as in the case of a vacancy.

  3.  The oversight commission shall hear appeals after the activities association's appeals process has been exhausted.  The appealing party is entitled to file an appeal directly with the oversight commission without first exhausting the activities association's appeals process.  The oversight commission shall hear only the following appeals:

  (1)  Appeals relating to eligibility due to transfers of students deemed to be for athletic purposes; and

  (2)  Appeals relating to contests and contest procedures.

  4.  The oversight commission may make recommendations to an activities association for rule changes to be considered through the activities association's rulemaking procedures.

  5.  An activities association shall prepare an annual report and present to a house committee to be chosen by the speaker of the house of representatives within the first thirty days of the legislative session and a senate committee to be chosen by the president pro tempore of the senate within the first thirty days of the legislative session.

  6.  The oversight commission is established within the department for the purposes of hearing the appeals.  The department shall provide sufficient administrative and financial personnel to support the work of the oversight commission, and shall promulgate rules concerning the timelines and procedural rules for the oversight commission's appeals process.

  7.  If the oversight commission is named as a defendant in any court action arising from or relating to a decision of the oversight commission, the attorney general shall represent the oversight commission and the state shall be responsible for all attorney's fees, costs, and damages incurred.

  8.  The oversight commission may hold meetings in person or through remote communication methods, such as teleconference, video conference, or other comparable virtual communication platforms.

  9.  All decisions made by the oversight commission are final and not subject to further appeal.  An activities association shall adhere to and implement all decisions involving such activities association made by the oversight commission.

  10.  The department shall promulgate rules as necessary to implement a fair and timely appeals process, including timelines and procedural rules for an appeal to be heard by the oversight commission.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.