Section 1 discusses litigation to compel NYSPHSAA to change postseason

The outcome of a statewide vote at the April 24 schools without boundaries ad hoc committee meeting prompted Section 1 to move its constitutional amendment proposal forward.

Representatives from the 11 member sections votes on three proposals last week:

1. Stay with a Classification Oversight Committee (COC) plan that moves private schools up or down in classification based on level of success, and study its impact over the next two years.

2. Continue to examine potential revisions.

3. Separate public schools and private schools for postseason competition.

The status quo proposal received five votes (Sections 5, 6, 7, 10 and 11). The proposal to examine potential revisions received three votes (Sections 3, 8 and 9). The separation proposal also received three votes (Sections 1, 2 and 4).

Basketball: Stepinac basketball facing potential CHSAA sanctions over final game

Ursuline's Jane Hickey wins the 800-meter at the Section 1 Class A Track & Field Championships at Suffern Middle School in Suffern on Thursday, May 29, 2025.

Issues with the ad hoc committee

Nyack athletic director Joe Sigillo and Putnam Valley superintendent Jeremy Luft were the Section 1 representatives. They were both frustrated by the process, suggesting the end result was a consensus for change.

The presentation of the proposals at the ad hoc committee Zoom meeting is also a source of contention. According to Section 1 officials, the state included a caveat about potential lawsuits on the proposal to run separate public- and private-school tournaments.

“I think the legal component is the largest deterrent to any movement in the state and I don’t believe it to be a reality at the level of concern that NYSPHSAA has shared,” Sigillo said. “I think it’s been a deterrent that’s been thrown out there to derail any momentum toward any type of separation. … They expressed that the third option had litigation tied to it. Section 1 superintendents, going back to October, told Robert that if the Oversight Committee stays and there is no other movement (toward separation), Section 1 is already looking into litigation and is prepared to bring litigation forward. We felt that should have been tied to the first option.”

Biaocco also feels an edit of the second option removed needed context.

“Our representatives noted the specific hybrid model and classification adjustments that were originally included in Option 2 were stripped from the final agenda,” he said. “That was potentially misleading as it might have impacted how the sections voted.”

Section 1 was hoping to present a hybrid example that included the creation of Class AAAA for private schools currently in Class AAA, AA and A and left the COC in place to move Class B, C and D private schools up or down accordingly.

“We were told to block out two hours on Zoom and the meeting was 15 minutes,” Sigillo said. “We were basically told, ‘It’s not a discussion, we’re just voting.’ ”

There appears to be a geographical or philosophical divide impacting opinions.

“We’re bringing these structural inequities to NYSPHSAA and they’re attempting to categorize them as a wealthy community issue,” Baiocco said. “It was publicly stated the Lower Hudson Council of School Superintendents represents wealthy communities and that’s why we are ‘whining’ about this when in fact we represent 78 districts with vast socio-economic diversity.”

It’s possible that parents in other parts of the state are not making the same level of noise as parents in Section 1, which covers Westchester, Rockland, Putnam and Southern Dutchess.

“Depending on where you are and what sports you play, you can be impacted in different ways by this issue and other issues,” Zayas said. “What’s important in the North Country may not even be on the radar on Long Island. We represent 11 very diverse sections, almost 800 schools and half a million students, there’s not always going to be consensus.”

Back on the home front

Following a Section 1 Constitution Committee meeting on April 24, minor revisions were made to the proposal. The language was reviewed on Tuesday by the Athletic Council, which moved it forward to be voted on by the schools.

A ballot will be put together and distributed to the 78 member schools in the coming days. The deadline for voting is unclear, but could be completed before the end of May.

Passage requires a two-thirds majority.

“We’re exploring that timeline right now,” Baiocco said. “I want to make sure all of our member districts are fully equipped with all of the information prior to making a decision. And unlike our NYSPHSAA parent organization, we’re going to do so through a democratic process.”

If the proposal is ratified, Albertus Magnus, Ursuline, Leffell and Keio would be ineligible for Section 1 and NYSPHSAA tournament play starting with the 2027-28 school year. The private schools would have the option to compete against each other in a parallel tournament but would not be allowed to advance to states.

The inability to play in a meaningful postseason tournament would have a more profound impact on Albertus Magnus and Ursuline.

“I’m a major advocate of keeping the non-publics in our section” Baiocco added. “What we want is a two-bracket system once we get to the regionals and (state) championships. It's to everyone's benefit to keep playing those schools (in the regular season).”

Would it be a surprise if any of the schools remained in Section 1?

“Initially, no,” Sigillo said. “Long term, probably. I’m sure they’ve been doing their due diligence and exploring other options that are best for their school community and student athletes.”

Keio defeated Briarcliff 3-2 in the Class B Section 1 finals at Lakeland High School in Shrub Oak Oct. 28, 2023.

Change may come someday, maybe

Zayas understands the flaw in a system that relies on a committee moving teams up in classification in response to repeated state championship seasons. There is nowhere for teams like Albertus Magnus girls basketball and CBA-Syracuse to go.

He agreed that a hybrid solution might eventually quell the concerns.

“I think we’re working in that direction,” Zayas said. “I think that would help because the issue with our current system is that eventually there’s nowhere for those non-public schools to be moved. Eventually, they hit a ceiling – AAA basketball, soccer, volleyball, baseball and softball and AA football. It’s the one drawback. I’ve spoken on this nationally. There are very few states that have a better system to address non-public school participation than we have in New York.”

Convincing other sections that isn’t accurate is the only way change is going to happen on a statewide level.

“I encouraged Section 1 at the Athletic Council meeting to continue to bring proposals forward to see if they can get support from the membership,” Zayas added. “Each section has the ability to bring anything they want forward and if they can get five other sections to go along with a proposal, then it’ll be implemented.”

Mike Dougherty covers high school sports for The Journal News/lohud.

This article originally appeared on Rockland/Westchester Journal News: Section 1 discusses litigation to compel NYSPHSAA to change postseason