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AN ACT relating to athletics. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 156.070 is amended to read as follows: 3
(1) The Kentucky Board of Education shall have the management and control of the 4
common schools and all programs operated in these schools, including 5
interscholastic athletics, the Kentucky School for the Deaf, the Kentucky School for 6
the Blind, and community education programs and services. 7
(2) The Kentucky Board of Education may designate an organization or agency to 8
manage interscholastic athletics in the common schools, provided that the rules, 9
regulations, and bylaws of any organization or agency so designated shall be 10
approved by the board, and provided further that any administrative hearing 11
conducted by the designated managing organization or agency shall be conducted in 12
accordance with KRS Chapter 13B. 13
(a) The state board or its designated agency shall assure through promulgation of 14
administrative regulations that if a secondary school sponsors or intends to 15
sponsor an athletic activity or sport that is similar to a sport for which 16
National Collegiate Athletic Association, National Association of 17
Intercollegiate Athletics, or National Junior College Athletic Association 18
members offer an athletic scholarship, the school shall sponsor the athletic 19
activity or sport for which a scholarship is offered. The administrative 20
regulations shall specify which athletic activities are similar to sports for 21
which National Collegiate Athletic Association members offer scholarships. 22
(b) [Beginning with the 2003-2004 school year, ]The state board shall require any 23
agency or organization designated by the state board to manage interscholastic 24
athletics to adopt bylaws that establish as members of the agency's or 25
organization's board of control one (1) representative of nonpublic member 26
schools who is elected by the nonpublic school members of the agency or 27 UNOFFICIAL COPY 22 RS BR 1336
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organization from regions one (1) through eight (8) and one (1) representative 1
of nonpublic member schools who is elected by the nonpublic member 2
schools of the agency or organization from regions nine (9) through sixteen 3
(16). The nonpublic school representatives on the board of control shall not be 4
from classification A1 or D1 schools. Following initial election of these 5
nonpublic school representatives to the agency's or organization's board of 6
control, terms of the nonpublic school representatives shall be staggered so 7
that only one (1) nonpublic school member is elected in each even-numbered 8
year. 9
(c) The state board or any agency designated by the state board to manage 10
interscholastic athletics shall not promulgate rules, administrative regulations, 11
or bylaws that prohibit pupils in grades seven (7) to eight (8) from 12
participating in any high school sports except for high school varsity soccer 13
and football, or from participating on more than one (1) school-sponsored 14
team at the same time in the same sport. The Kentucky Board of Education, or 15
an agency designated by the board to manage interscholastic athletics, may 16
promulgate administrative regulations restricting, limiting, or prohibiting 17
participation in high school varsity soccer and football for students who have 18
not successfully completed the eighth grade. 19
(d) 1. The state board or any agency designated by the state board to manage 20
interscholastic athletics shall allow a member school's team or students 21
to play against students of a non-member at-home private school, or a 22
team of students from non-member at-home private schools, if the non-23
member at-home private schools and students comply with this 24
subsection. 25
2. A non-member at-home private school's team and students shall comply 26
with the rules for student athletes, including rules concerning: 27 UNOFFICIAL COPY 22 RS BR 1336
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a. Age; 1
b. School semesters; 2
c. Scholarships; 3
d. Physical exams; 4
e. Foreign student eligibility; and 5
f. Amateurs. 6
3. A coach of a non-member at-home private school's team shall comply 7
with the rules concerning certification of member school coaches as 8
required by the state board or any agency designated by the state board 9
to manage interscholastic athletics. 10
4. This subsection shall not allow a non-member at-home private school's 11
team to participate in a sanctioned: 12
a. Conference; 13
b. Conference tournament; 14
c. District tournament; 15
d. Regional tournament; or 16
e. State tournament or event. 17
5. This subsection does not allow eligibility for a recognition, award, or 18
championship sponsored by the state board or any agency designated by 19
the state board to manage interscholastic athletics. 20
6. A non-member at-home private school's team or students may 21
participate in interscholastic athletics permitted, offered, or sponsored by 22
the state board or any agency designated by the state board to manage 23
interscholastic athletics. 24
(e) Every local board of education shall require an annual medical examination 25
performed and signed by a physician, physician assistant, advanced practice 26
registered nurse, or chiropractor, if performed within the professional's scope 27 UNOFFICIAL COPY 22 RS BR 1336
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of practice, for each student seeking eligibility to participate in any school 1
athletic activity or sport. The Kentucky Board of Education or any 2
organization or agency designated by the state board to manage interscholastic 3
athletics shall not promulgate administrative regulations or adopt any policies 4
or bylaws that are contrary to the provisions of this paragraph. 5
(f) Any student who turns nineteen (19) years of age prior to August 1 shall not 6
be eligible for high school athletics in Kentucky. Any student who turns 7
nineteen (19) years of age on or after August 1 shall remain eligible for that 8
school year only. An exception to the provisions of this paragraph shall be 9
made, and the student shall be eligible for high school athletics in Kentucky if 10
the student: 11
1. Qualified for exceptional children services and had an individual 12
education program developed by an admissions and release committee 13
(ARC) while the student was enrolled in the primary school program; 14
2. Was retained in the primary school program because of an ARC 15
committee recommendation; and 16
3. Has not completed four (4) consecutive years or eight (8) consecutive 17
semesters of eligibility following initial promotion from grade eight (8) 18
to grade nine (9). 19
(g) The state board or any agency designated by the state board to manage 20
interscholastic athletics shall promulgate administrative regulations or 21
bylaws, as applicable, to provide that: 22
1. A member school shall designate all athletic teams, activities, and 23
sports as one (1) of the following categories: 24
a. Boys'; 25
b. Coed; or 26
c. Girls'; 27 UNOFFICIAL COPY 22 RS BR 1336
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2. a. An athletic activity or sport designated as girls', shall not be open 1
to a person born as a member of the male sex. 2
b. Nothing in this section shall be construed to restrict the 3
eligibility of any student to participate in an athletic activity or 4
sport designated as boys' or coed; and 5
3. The state board, an agency designated by the state board to manage 6
interscholastic athletics, a school district, or a member school shall 7
not entertain a complaint, open an investigation, or take any other 8
adverse action against a school for maintaining separate 9
interscholastic or intramural athletic teams, activities, or sports for 10
students of the female sex. 11
(h) 1. The state board or any agency designated by the state board to manage 12
interscholastic athletics shall promulgate administrative regulations that 13
permit a school district to employ or assign nonteaching or noncertified 14
personnel or personnel without postsecondary education credit hours to 15
serve in a coaching position. The administrative regulations shall give 16
preference to the hiring or assignment of certified personnel in coaching 17
positions. 18
2. A person employed in a coaching position shall be a high school 19
graduate and at least twenty-one (21) years of age and shall submit to a 20
criminal background check in accordance with KRS 160.380. 21
3. The administrative regulations shall specify post-hire requirements for 22
persons employed in coaching positions. 23
4. The regulations shall permit a predetermined number of hours of 24
professional development training approved by the state board or its 25
designated agency to be used in lieu of postsecondary education credit 26
hour requirements. 27 UNOFFICIAL COPY 22 RS BR 1336
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5. A local school board may specify post-hire requirements for personnel 1
employed in coaching positions in addition to those specified in 2
subparagraph 3. of this paragraph. 3
(i)[(h)] Any student who transfers enrollment from a district of residence to a 4
nonresident district under KRS 157.350(4)(b) shall be ineligible to participate 5
in interscholastic athletics for one (1) calendar year from the date of the 6
transfer. 7
(3) (a) The Kentucky Board of Education is hereby authorized to lease from the State 8
Property and Buildings Commission, or others, whether public or private, any 9
lands, buildings, structures, installations, and facilities suitable for use in 10
establishing and furthering television and related facilities as an aid or 11
supplement to classroom instruction, throughout the Commonwealth, and for 12
incidental use in any other proper public functions. The lease may be for any 13
initial term commencing with the date of the lease and ending with the next 14
ensuing June 30, which is the close of the then-current fiscal biennium of the 15
Commonwealth, with exclusive options in favor of the board to renew the 16
same for successive ensuing bienniums, July 1 in each even year to June 30 in 17
the next ensuing even year; and the rentals may be fixed at the sums in each 18
biennium, if renewed, sufficient to enable the State Property and Buildings 19
Commission to pay therefrom the maturing principal of and interest on, and 20
provide reserves for, any revenue bonds which the State Property and 21
Buildings Commission may determine to be necessary and sufficient, in 22
agreement with the board, to provide the cost of acquiring the television and 23
related facilities, with appurtenances, and costs as may be incident to the 24
issuance of the bonds. 25
(b) Each option of the Kentucky Board of Education to renew the lease for a 26
succeeding biennial term may be exercised at any time after the adjournment 27 UNOFFICIAL COPY 22 RS BR 1336
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of the session of the General Assembly at which appropriations shall have 1
been made for the operation of the state government for such succeeding 2
biennial term, by notifying the State Property and Buildings Commission in 3
writing, signed by the chief state school officer, and delivered to the secretary 4
of the Finance and Administration Cabinet as a member of the commission. 5
The option shall be deemed automatically exercised, and the lease 6
automatically renewed for the succeeding biennium, effective on the first day 7
thereof, unless a written notice of the board's election not to renew shall have 8
been delivered in the office of the secretary of the Finance and Administration 9
Cabinet before the close of business on the last working day in April 10
immediately preceding the beginning of the succeeding biennium. 11
(c) The Kentucky Board of Education shall not itself operate leased television 12
facilities, or undertake the preparation of the educational presentations or 13
films to be transmitted thereby, but may enter into one (1) or more contracts to 14
provide therefor, with any public agency and instrumentality of the 15
Commonwealth having, or able to provide, a staff with proper technical 16
qualifications, upon which agency and instrumentality the board, through the 17
chief state school officer and the Department of Education, is represented in 18
such manner as to coordinate matters of curriculum with the curricula 19
prescribed for the public schools of the Commonwealth. Any contract for the 20
operation of the leased television or related facilities may permit limited and 21
special uses of the television or related facilities for other programs in the 22
public interest, subject to the reasonable terms and conditions as the board and 23
the operating agency and instrumentality may agree upon; but any contract 24
shall affirmatively forbid the use of the television or related facilities, at any 25
time or in any manner, in the dissemination of political propaganda or in 26
furtherance of the interest of any political party or candidate for public office, 27 UNOFFICIAL COPY 22 RS BR 1336
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or for commercial advertising. No lease between the board and the State 1
Property and Buildings Commission shall bind the board to pay rentals for 2
more than one (1) fiscal biennium at a time, subject to the aforesaid renewal 3
options. The board may receive and may apply to rental payments under any 4
lease and to the cost of providing for the operation of the television or related 5
facilities not only appropriations which may be made to it from state funds, 6
from time to time, but also contributions, gifts, matching funds, devises, and 7
bequests from any source, whether federal or state, and whether public or 8
private, so long as the same are not conditioned upon any improper use of the 9
television or related facilities in a manner inconsistent with the provisions of 10
this subsection. 11
(4) The state board may, on the recommendation and with the advice of the chief state 12
school officer, prescribe, print, publish, and distribute at public expense such 13
administrative regulations, courses of study, curriculums, bulletins, programs, 14
outlines, reports, and placards as each deems necessary for the efficient 15
management, control, and operation of the schools and programs under its 16
jurisdiction. All administrative regulations published or distributed by the board 17
shall be enclosed in a booklet or binder on which the words "informational copy" 18
shall be clearly stamped or printed. 19
(5) Upon the recommendation of the chief state school officer or his or her designee, 20
the state board shall establish policy or act on all matters relating to programs, 21
services, publications, capital construction and facility renovation, equipment, 22
litigation, contracts, budgets, and all other matters which are the administrative 23
responsibility of the Department of Education. 24
SECTION 2. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 25
READ AS FOLLOWS: 26
(1) Any student who: 27 UNOFFICIAL COPY 22 RS BR 1336
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(a) Is deprived of an athletic opportunity; 1
(b) Suffers any direct or indirect harm; or 2
(c) Is subject to retaliation or other adverse action by a school, the state board, 3
or an agency designated by the state board to manage interscholastic 4
athletics; 5
as a result of a violation of an administrative regulation or bylaw promulgated in 6
accordance with subsection (2)(g) of Section 1 of this Act shall have a private 7
cause of action for injunctive relief, monetary damages, and any other relief 8
available under law against the school in violation. 9
(2) A civil action commenced under this section shall be filed within two (2) years 10
after the date the harm occurred. 11
(3) For the purposes of this section, monetary damages shall include any 12
psychological, emotional, and physical harm suffered, reasonable attorney's fees 13
and costs, and any other appropriate relief. 14
SECTION 3. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) (a) A public postsecondary education institution or private postsecondary 17
education institution shall designate all intercollegiate and intramural 18
athletic teams, activities, sports, and events that are sponsored or authorized 19
by the institution as one (1) of the following categories: 20
1. Men's; 21
2. Coed; or 22
3. Women's. 23
(b) 1. A public postsecondary education institution or private postsecondary 24
education institution shall prohibit a person born as a member of the 25
male sex from competing on any intercollegiate or intramural athletic 26
team or in any intercollegiate or intramural athletic activity, sport, or 27 UNOFFICIAL COPY 22 RS BR 1336
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event designated as women's. 1
2. Nothing in this section shall be construed to restrict the eligibility of 2
any student to participate in an athletic activity or sport designated as 3
men's or coed. 4
(2) A governmental entity, licensing or accrediting organization, or athletic 5
association or organization shall not entertain a complaint, open an 6
investigation, or take any other adverse action against a postsecondary education 7
institution for maintaining a separate interscholastic or intramural athletic team, 8
activity, sport, or event for members of the female sex. 9
(3) Any student who: 10
(a) Is deprived of an athletic opportunity as a result of a violation of subsection 11
(1) of this section. 12
(b) Suffers any direct or indirect harm as a result of a violation of subsection 13
(1) of this section; or 14
(c) Is subject to retaliation or other adverse action by a postsecondary 15
institution as a result of reporting a violation of subsection (1) of this 16
section; 17
shall have a private cause of action for injunctive relief, damages, and any other 18
relief available under law against the postsecondary institution in violation. 19
(4) A civil action commenced under this section shall be filed within two (2) years 20
after the harm occurred. 21
(5) For the purposes of this section, monetary damages shall include any 22
psychological, emotional, and physical harm suffered, reasonable attorney's fees 23
and costs, and any other appropriate relief. 24
Section 4. This Act may be cited as the Save Women’s Sports Act. 25