State House passage of H.B. 41 brings opposition from non-boundary schools

Energy and optimism heightened among a coalition of public schools when the state House passed House Bill 41 on Wednesday, which would allow the Pennsylvania Interscholastic Athletic Association to conduct separate playoffs for public and private schools.

There is a more tempered mood among the non-boundary schools, which include Catholic, private and charter schools.

Scranton Prep, Holy Cross, Holy Redeemer, Wyoming Seminary and MMI Prep are the lone non-boundary schools in District 2.

“This is an important situation that we are watching closely,” said Holy Cross principal Ben Tolerico, who also serves as the private school representative on the District 2 Committee. “Athletics by nature generate great emotion, and certainly when it comes to the topic of what is considered fair or unfair regarding competition.

“In my role as a private school administrator, as well as the PIAA District 2 Private Schools Representative, I hope that non-boundary schools, and more importantly, their student-athletes, will be represented fairly when any final decisions or votes are passed.”

Rep. Scott Conklin, D-Centre County, originally adopted the bill in May 2025. It gained momentum following this season’s PIAA Basketball Championships, specifically Sewickley Academy’s win over Old Forge in the Class 2A boys final.

Old Forge Superintendent Chris Gatto has been instrumental in the recent uptick in the intensity of the public vs. private school issue. His correspondence with PIAA executive director Mark Byers went viral on social media platforms.

Following the overwhelming vote of 178-23 by the state House and the passing of H.B. 41. The bill must next pass the Senate, which could take a vote as early as June. Byers said the PIAA will discuss the bill at the PIAA Board of Directors meeting May 13.

In the aftermath of the bill’s passing, some private schools responded with opposition. Bishop McCort, a Catholic high school in Johnstown and a member of District 6, had a release strongly opposing the proposed separation of the state playoffs.

In it, the school raised concerns “regarding equity, consistency and the treatment of student-athletes across the Commonwealth.”

The release provided bullet points that included “Selective Targeting in violation of U.S. Supreme Court Strict Scrutiny Standards,” “Equity and Opportunity,” a “Lack of Consistency” and an “Absence of Data-Driven Justification.”

Bishop McCort suggests, “A Call for Thoughtful, Data-Driven Solutions.” Among remedies recommended are more data, an “inclusive of all schools model” and a focus on competitive balance and consistency across public and non-boundary schools.

Lehigh Valley resident Casey Scanlan is the administrator of the Support Group PA H.B. 41 — Separation of Public & Private Schools in PIAA playoffs on Facebook. It has more than 3,400 followers and has been instrumental in pushing action on reform. He also has been headstrong in providing statistics that back the bill.

In April, Scanlan posted a graphic outlining “The Rise of Non-Boundary Dominance in PIAA Football.” It highlighted 34 of 80 championships won and a 42.5% success rate by non-boundary schools from 2011 to 2025.

He also pointed out in March a shift in championship success by non-boundary schools from 2011 to 2026.

From 1990 to 2010, non-boundary schools had a championship success rate of 47%, with public schools having a success rate of 53%. In comparison, from 2011 to 2026, non-boundary schools have a win rate of 68%, and public schools have a win rate of 32%.

Philadelphia Public League Schools officially joined the PIAA for the 2004-05 season, and the Philadelphia Catholic League joined in 2008-09.

When addressing the almost yearly uprising following the state playoffs about the unfairness of boundary schools having to play non-boundary schools, which are not restricted by geography in drawing athletes to their programs, the PIAA points to Act 219.

That 1972 bill amended Pennsylvania’s school code to allow private and Catholic schools to join the PIAA. It allowed them to compete in state championship events and mandated that private schools be allowed to be members. At that time, private and Catholic schools competed in the Pennsylvania Catholic Interscholastic Athletic Association, which held separate state playoffs.

H.B. 41 won’t mandate the PIAA hold separate playoffs, but it would allow it the authority to do so without the threat of lawsuits after an amendment was added to the bill Tuesday by State Rep. Rob Matzie, D-Beaver.

“There are still concerns,” Byers said. “I don’t think state law can shield you entirely from lawsuits. The difference from 1972 is that the bill required the PIAA to do something and include the non-boundary schools. This would allow the organization the ability to hold separate playoffs. If the bill passes, then the organization will need to move forward and implement a structure. There is a lot of work still ahead.”