CHAPTER 198
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CHAPTER 198
( SB 83 )
AN ACT relating to athletics.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 156.070 is amended to read as follows:
(1) The Kentucky Board of Education shall have the management and control of the common schools and all
programs operated in these schools, including interscholastic athletics, the Kentucky School for the Deaf, the
Kentucky School for the Blind, and community education programs and services.
(2) The Kentucky Board of Education may designate an organization or agency to manage interscholastic athletics
in the common schools, provided that the rules, regulations, and bylaws of any organization or agency so
designated shall be approved by the board, and provided further that any administrative hearing conducted by
the designated managing organization or agency shall be conducted in accordance with KRS Chapter 13B.
(a) The state board or its designated agency shall assure through promulgation of administrative regulations
that if a secondary school sponsors or intends to sponsor an athletic activity or sport that is similar to a
sport for which National Collegiate Athletic Association members offer an athletic scholarship, the
school shall sponsor the athletic activity or sport for which a scholarship is offered. The administrative
regulations shall specify which athletic activities are similar to sports for which National Collegiate
Athletic Association members offer scholarships.
(b) Beginning with the 2003-2004 school year, the state board shall require any agency or organization
designated by the state board to manage interscholastic athletics to adopt bylaws that establish as
members of the agency's or organization's board of control one (1) representative of nonpublic member
schools who is elected by the nonpublic school members of the agency or organization from regions
one (1) through eight (8) and one (1) representative of nonpublic member schools who is elected by the
nonpublic member schools of the agency or organization from regions nine (9) through sixteen (16).
The nonpublic school representatives on the board of control shall not be from classification A1 or D1
schools. Following initial election of these nonpublic school representatives to the agency's or
organization's board of control, terms of the nonpublic school representatives shall be staggered so that
only one (1) nonpublic school member is elected in each even-numbered year.
(c) The state board or any agency designated by the state board to manage interscholastic athletics shall not
promulgate rules, administrative regulations, or bylaws that prohibit pupils in grades seven (7) to eight
(8) from participating in any high school sports except for high school varsity soccer and football, or
from participating on more than one (1) school-sponsored team at the same time in the same sport. The
Kentucky Board of Education, or an agency designated by the board to manage interscholastic athletics,
may promulgate administrative regulations restricting, limiting, or prohibiting participation in high
school varsity soccer and football for students who have not successfully completed the eighth grade.
(d) 1. The state board or any agency designated by the state board to manage interscholastic athletics
shall allow a member school's team or students to play against students of a non-member at-
home private school, or a team of students from non-member at-home private schools, if the non-
member at-home private schools and students comply with this subsection.
2. A non-member at-home private school's team and students shall comply with the rules for
student athletes, including rules concerning:
a. Age;
b. School semesters;
c. Scholarships;
d. Physical exams;
e. Foreign student eligibility; and
f. Amateurs. ACTS OF THE GENERAL ASSEMBLY 2
3. A coach of a non-member at-home private school's team shall comply with the rules concerning
certification of member school coaches as required by the state board or any agency designated
by the state board to manage interscholastic athletics.
4. This subsection shall not allow a non-member at-home private school's team to participate in a
sanctioned:
a. Conference;
b. Conference tournament;
c. District tournament;
d. Regional tournament; or
e. State tournament or event.
5. This subsection does not allow eligibility for a recognition, award, or championship sponsored
by the state board or any agency designated by the state board to manage interscholastic
athletics.
6. A non-member at-home private school's team or students may participate in interscholastic
athletics permitted, offered, or sponsored by the state board or any agency designated by the state
board to manage interscholastic athletics.
(e) Every local board of education shall require an annual medical examination performed and signed by a
physician, physician assistant, advanced practice registered nurse, or chiropractor, if performed within
the professional's scope of practice, for each student seeking eligibility to participate in any school
athletic activity or sport. The Kentucky Board of Education or any organization or agency designated
by the state board to manage interscholastic athletics shall not promulgate administrative regulations or
adopt any policies or bylaws that are contrary to the provisions of this paragraph.
(f) Any student who turns nineteen (19) years of age prior to August 1 shall not be eligible for high school
athletics in Kentucky. Any student who turns nineteen (19) years of age on or after August 1 shall
remain eligible for that school year only. An exception to the provisions of this paragraph shall be
made, and the student shall be eligible for high school athletics in Kentucky if the student:
1. Qualified for exceptional children services and had an individual education program developed
by an admissions and release committee (ARC) while the student was enrolled in the primary
school program;
2. Was retained in the primary school program because of an ARC committee recommendation;
and
3. Has not completed four (4) consecutive years or eight (8) consecutive semesters of eligibility
following initial promotion from grade eight (8) to grade nine (9).
(g) The state board or any agency designated by the state board to manage interscholastic athletics shall
promulgate administrative regulations or bylaws that provide that:
1. A member school shall designate all athletic teams, activities, and sports for students in grades
six (6) through twelve (12) as one (1) of the following categories:
a. "Boys";
b. "Coed"; or
c. "Girls";
2. The sex of a student for the purpose of determining eligibility to participate in an athletic
activity or sport shall be determined by:
a. A student's biological sex as indicated on the student's original, unedited birth
certificate issued at the time of birth; or
b. An affidavit signed and sworn to by the physician, physician assistant, advanced
practice registered nurse, or chiropractor that conducted the annual medical
examination required by paragraph (e) of this subsection under penalty of perjury
establishing the student's biological sex at the time of birth; CHAPTER 198
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3. a. An athletic activity or sport designated as "girls" for students in grades six (6) through
twelve (12) shall not be open to members of the male sex.
b. Nothing in this section shall be construed to restrict the eligibility of any student to
participate in an athletic activity or sport designated as "boys" or "coed"; and
4. Neither the state board, nor any agency designated by the state board to manage
interscholastic athletics, nor any school district, nor any member school shall entertain a
complaint, open an investigation, or take any other adverse action against a school for
maintaining separate interscholastic or intramural athletic teams, activities, or sports for
students of the female sex.
(h) 1. The state board or any agency designated by the state board to manage interscholastic athletics
shall promulgate administrative regulations that permit a school district to employ or assign
nonteaching or noncertified personnel or personnel without postsecondary education credit hours
to serve in a coaching position. The administrative regulations shall give preference to the hiring
or assignment of certified personnel in coaching positions.
2. A person employed in a coaching position shall be a high school graduate and at least twenty-one
(21) years of age and shall submit to a criminal background check in accordance with KRS
160.380.
3. The administrative regulations shall specify post-hire requirements for persons employed in
coaching positions.
4. The regulations shall permit a predetermined number of hours of professional development
training approved by the state board or its designated agency to be used in lieu of postsecondary
education credit hour requirements.
5. A local school board may specify post-hire requirements for personnel employed in coaching
positions in addition to those specified in subparagraph 3. of this paragraph.
(i)[(h)] Any student who transfers enrollment from a district of residence to a nonresident district under
KRS 157.350(4)(b) shall be ineligible to participate in interscholastic athletics for one (1) calendar year
from the date of the transfer.
(3) (a) The Kentucky Board of Education is hereby authorized to lease from the State Property and Buildings
Commission, or others, whether public or private, any lands, buildings, structures, installations, and
facilities suitable for use in establishing and furthering television and related facilities as an aid or
supplement to classroom instruction, throughout the Commonwealth, and for incidental use in any other
proper public functions. The lease may be for any initial term commencing with the date of the lease
and ending with the next ensuing June 30, which is the close of the then-current fiscal biennium of the
Commonwealth, with exclusive options in favor of the board to renew the same for successive ensuing
bienniums, July 1 in each even year to June 30 in the next ensuing even year; and the rentals may be
fixed at the sums in each biennium, if renewed, sufficient to enable the State Property and Buildings
Commission to pay therefrom the maturing principal of and interest on, and provide reserves for, any
revenue bonds which the State Property and Buildings Commission may determine to be necessary and
sufficient, in agreement with the board, to provide the cost of acquiring the television and related
facilities, with appurtenances, and costs as may be incident to the issuance of the bonds.
(b) Each option of the Kentucky Board of Education to renew the lease for a succeeding biennial term may
be exercised at any time after the adjournment of the session of the General Assembly at which
appropriations shall have been made for the operation of the state government for such succeeding
biennial term, by notifying the State Property and Buildings Commission in writing, signed by the chief
state school officer, and delivered to the secretary of the Finance and Administration Cabinet as a
member of the commission. The option shall be deemed automatically exercised, and the lease
automatically renewed for the succeeding biennium, effective on the first day thereof, unless a written
notice of the board's election not to renew shall have been delivered in the office of the secretary of the
Finance and Administration Cabinet before the close of business on the last working day in April
immediately preceding the beginning of the succeeding biennium.
(c) The Kentucky Board of Education shall not itself operate leased television facilities, or undertake the
preparation of the educational presentations or films to be transmitted thereby, but may enter into one ACTS OF THE GENERAL ASSEMBLY 4
(1) or more contracts to provide therefor, with any public agency and instrumentality of the
Commonwealth having, or able to provide, a staff with proper technical qualifications, upon which
agency and instrumentality the board, through the chief state school officer and the Department of
Education, is represented in such manner as to coordinate matters of curriculum with the curricula
prescribed for the public schools of the Commonwealth. Any contract for the operation of the leased
television or related facilities may permit limited and special uses of the television or related facilities
for other programs in the public interest, subject to the reasonable terms and conditions as the board and
the operating agency and instrumentality may agree upon; but any contract shall affirmatively forbid the
use of the television or related facilities, at any time or in any manner, in the dissemination of political
propaganda or in furtherance of the interest of any political party or candidate for public office, or for
commercial advertising. No lease between the board and the State Property and Buildings Commission
shall bind the board to pay rentals for more than one (1) fiscal biennium at a time, subject to the
aforesaid renewal options. The board may receive and may apply to rental payments under any lease
and to the cost of providing for the operation of the television or related facilities not only
appropriations which may be made to it from state funds, from time to time, but also contributions,
gifts, matching funds, devises, and bequests from any source, whether federal or state, and whether
public or private, so long as the same are not conditioned upon any improper use of the television or
related facilities in a manner inconsistent with the provisions of this subsection.
(4) The state board may, on the recommendation and with the advice of the chief state school officer, prescribe,
print, publish, and distribute at public expense such administrative regulations, courses of study, curriculums,
bulletins, programs, outlines, reports, and placards as each deems necessary for the efficient management,
control, and operation of the schools and programs under its jurisdiction. All administrative regulations
published or distributed by the board shall be enclosed in a booklet or binder on which the words
"informational copy" shall be clearly stamped or printed.
(5) Upon the recommendation of the chief state school officer or his or her designee, the state board shall establish
policy or act on all matters relating to programs, services, publications, capital construction and facility
renovation, equipment, litigation, contracts, budgets, and all other matters which are the administrative
responsibility of the Department of Education.
SECTION 2. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO READ AS FOLLOWS:
(1) (a) A public postsecondary education institution or private postsecondary education institution that is a
member of a national intercollegiate athletic association shall designate all intercollegiate and
intramural athletic teams, activities, sports, and events that are sponsored or authorized by the
institution as one (1) of the following categories:
1. "Mens";
2. "Coed"; or
3. "Womens."
(b) 1. A public postsecondary education institution or private postsecondary education institution
that is a member of a national intercollegiate athletic association shall prohibit a member of
the male sex from competing in any intercollegiate or intramural athletic team, activity, sport,
or event designated as "womens."
2. Nothing in this section shall be construed to restrict the eligibility of any student to participate
in an athletic activity or sport designated as "mens" or "coed."
(2) The sex of a student for the purpose of determining eligibility to participate in an athletic activity or sport or
to use an athletic facility designated for the exclusive use of a single sex shall be determined by:
(a) A student's biological sex as indicated on the student's original, unedited birth certificate issued at
the time of birth; or
(b) An affidavit signed and sworn to by a physician, physician assistant, advanced practice registered
nurse, or chiropractor under penalty of perjury establishing the student's biological sex at the time of
birth.
(3) A government entity, licensing or accrediting organization, or athletic association or organization shall not
entertain a complaint, open an investigation, or take any other adverse action against a postsecondary CHAPTER 198
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education institution for maintaining a separate interscholastic or intramural athletic team, activity, sport,
or event for members of the female sex.
Section 3. This Act may be cited as the "Fairness in Womens' Sports Act."
Veto Overridden and Signed by Secretary of State April 13, 2022.