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AN ACT relating to interscholastic athletics. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘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 members offer an athletic 17
scholarship, the school shall sponsor the athletic activity or sport for which a 18
scholarship is offered. The administrative regulations shall specify which 19
athletic activities are similar to sports for which National Collegiate Athletic 20
Association members offer scholarships. 21
(b) Beginning with the 2003-2004 school year, the state board shall require any 22
agency or organization designated by the state board to manage interscholastic 23
athletics to adopt bylaws that establish as members of the agency's or 24
organization's board of control one (1) representative of nonpublic member 25
schools who is elected by the nonpublic school members of the agency or 26
organization from regions one (1) through eight (8) and one (1) representative 27 UNOFFICIAL COPY 23 RS BR 1617
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of nonpublic member schools who is elected by the nonpublic member 1
schools of the agency or organization from regions nine (9) through sixteen 2
(16). The nonpublic school representatives on the board of control shall not be 3
from classification A1 or D1 schools. Following initial election of these 4
nonpublic school representatives to the agency's or organization's board of 5
control, terms of the nonpublic school representatives shall be staggered so 6
that only one (1) nonpublic school member is elected in each even-numbered 7
year. 8
(c) The state board or any agency designated by the state board to manage 9
interscholastic athletics shall not promulgate rules, administrative regulations, 10
or by laws that prohibit pupils in grades seven (7) to eight (8) from 11
participating in any high school sports except for high school varsity soccer 12
and football, or from participating on more than one (1) school-sponsored 13
team at the same time in the same sport. The Kentucky Board of Education, or 14
an agency designated by the board to manage interscholastic athletics, may 15
promulgate administrative regulations restricting, limiting, or prohibiting 16
participation in high school varsity soccer and football for students who have 17
not successfully completed the eighth grade. 18
(d) 1. The state board or any agency designated by the state board to manage 19
interscholastic athletics shall allow a member school's team or students 20
to play against students of a nonmember[non-member] at-home private 21
school, or a team of students from nonmember[non-member] at-home 22
private schools, if the nonmember[non-member] at-home private 23
schools and students comply with this subsection. 24
2. A nonmember[non-member] at-home private school's team and students 25
shall comply with the rules for student-athletes, including rules 26
concerning: 27 UNOFFICIAL COPY 23 RS BR 1617
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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 nonmember[non-member] at-home private school's team 7
shall comply with the rules concerning certification of member school 8
coaches as required by the state board or any agency designated by the 9
state board to manage interscholastic athletics. 10
4. This subsection shall not allow a nonmember[non-member] at-home 11
private school's 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 nonmember[non-member] at-home private school's team or students 21
may participate in interscholastic athletics permitted, offered, or 22
sponsored by the state board or any agency designated by the state board 23
to manage 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 23 RS BR 1617
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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 bylaws 21
that provide that: 22
1. A member school shall designate all athletic teams, activities, and sports 23
for students in grades six (6) through twelve (12) as one (1) of the 24
following categories: 25
a. "Boys"; 26
b. "Coed"; or 27 UNOFFICIAL COPY 23 RS BR 1617
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c. "Girls"; 1
2. The sex of a student for the purpose of determining eligibility to 2
participate in an athletic activity or sport shall be determined by: 3
a. A student's biological sex as indicated on the student's original, 4
unedited birth certificate issued at the time of birth; or 5
b. An affidavit signed and sworn to by the physician, physician 6
assistant, advanced practice registered nurse, or chiropractor that 7
conducted the annual medical examination required by paragraph 8
(e) of this subsection under penalty of perjury establishing the 9
student's biological sex at the time of birth; 10
3. a. An athletic activity or sport designated as "girls" for students in 11
grades six (6) through twelve (12) shall not be open to members of 12
the male sex. 13
b. Nothing in this section shall be construed to restrict the eligibility 14
of any student to participate in an athletic activity or sport 15
designated as "boys" or "coed"; and 16
4. Neither the state board,[ nor] any agency designated by the state board 17
to manage interscholastic athletics,[ nor] any school district, nor any 18
member school shall entertain a complaint, open an investigation, or 19
take any other adverse action against a school for maintaining separate 20
interscholastic or intramural athletic teams, activities, or sports for 21
students of the female sex. 22
(h) 1. The state board or any agency designated by the state board to manage 23
interscholastic athletics shall promulgate administrative regulations that 24
permit a school district to employ or assign nonteaching or noncertified 25
personnel or personnel without postsecondary education credit hours to 26
serve in a coaching position. The administrative regulations shall give 27 UNOFFICIAL COPY 23 RS BR 1617
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preference to the hiring or assignment of certified personnel in coaching 1
positions. 2
2. A person employed in a coaching position shall be a high school 3
graduate and at least twenty-one (21) years of age and shall submit to a 4
criminal background check in accordance with KRS 160.380. 5
3. The administrative regulations shall specify post-hire requirements for 6
persons employed in coaching positions. 7
4. The regulations shall permit a predetermined number of hours of 8
professional development training approved by the state board or its 9
designated agency to be used in lieu of postsecondary education credit 10
hour requirements. 11
5. A local school board may specify post-hire requirements for personnel 12
employed in coaching positions in addition to those specified in 13
subparagraph 3. of this paragraph. 14
(i) [Any student who transfers enrollment from a district of residence to a 15
nonresident district under KRS 157.350(4)(b) shall be ineligible to participate 16
in interscholastic athletics for one (1) calendar year from the date of the 17
transfer. 18
(j) ]No member school shall grant a student-athlete the right to use the member 19
school's intellectual property, such as trademarks, school uniforms, and 20
copyrights, in the student's earning of compensation through name, image, 21
and likeness activities. No student-athlete shall use such intellectual property 22
in earning compensation through name, image, and likeness activities. The 23
state board or any agency designated by the state board to manage 24
interscholastic athletics shall promulgate administrative regulations to govern 25
and enforce this paragraph. 26
(3) (a) The Kentucky Board of Education is hereby authorized to lease from the State 27 UNOFFICIAL COPY 23 RS BR 1617
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Property and Buildings Commission[,] or others, whether public or private, 1
any lands, buildings, structures, installations, and facilities suitable for use in 2
establishing and furthering television and related facilities as an aid or 3
supplement to classroom instruction[,] throughout the Commonwealth[,] and 4
for incidental use in any other proper public functions. The lease may be for 5
any initial term commencing with the date of the lease and ending with the 6
next ensuing June 30, which is the close of the then-current fiscal biennium of 7
the Commonwealth, with exclusive options in favor of the board to renew the 8
same for successive ensuing bienniums, July 1 in each even year to June 30 in 9
the next ensuing even year; and the rentals may be fixed at the sums in each 10
biennium, if renewed, sufficient to enable the State Property and Buildings 11
Commission to pay therefrom the maturing principal of and interest on, and 12
provide reserves for, any revenue bonds which the State Property and 13
Buildings Commission may determine to be necessary and sufficient, in 14
agreement with the board, to provide the cost of acquiring the television and 15
related facilities[,] with appurtenances[,] and costs as may be incident to the 16
issuance of the bonds. 17
(b) Each option of the Kentucky Board of Education to renew the lease for a 18
succeeding biennial term may be exercised at any time after the adjournment 19
of the session of the General Assembly at which appropriations shall have 20
been made for the operation of the state government for such succeeding 21
biennial term, by notifying the State Property and Buildings Commission in 22
writing, signed by the chief state school officer, and delivered to the secretary 23
of the Finance and Administration Cabinet as a member of the commission. 24
The option shall be deemed automatically exercised, and the lease 25
automatically renewed for the succeeding biennium, effective on the first day 26
thereof, unless a written notice of the board's election not to renew shall have 27 UNOFFICIAL COPY 23 RS BR 1617
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been delivered in the office of the secretary of the Finance and Administration 1
Cabinet before the close of business on the last working day in April 2
immediately preceding the beginning of the succeeding biennium. 3
(c) The Kentucky Board of Education shall not itself operate leased television 4
facilities, or undertake the preparation of the educational presentations or 5
films to be transmitted thereby, but may enter into one (1) or more contracts 6
to provide therefor, with any public agency and instrumentality of the 7
Commonwealth having, or able to provide, a staff with proper technical 8
qualifications, upon which agency and instrumentality the board, through the 9
chief state school officer and the Department of Education, is represented in 10
such manner as to coordinate matters of curriculum with the curricula 11
prescribed for the public schools of the Commonwealth. Any contract for the 12
operation of the leased television or related facilities may permit limited and 13
special uses of the television or related facilities for other programs in the 14
public interest, subject to the reasonable terms and conditions as the board and 15
the operating agency and instrumentality may agree upon; but any contract 16
shall affirmatively forbid the use of the television or related facilities, at any 17
time or in any manner, in the dissemination of political propaganda or in 18
furtherance of the interest of any political party or candidate for public office, 19
or for commercial advertising. No lease between the board and the State 20
Property and Buildings Commission shall bind the board to pay rentals for 21
more than one (1) fiscal biennium at a time, subject to the aforesaid renewal 22
options. The board may receive and may apply to rental payments under any 23
lease and to the cost of providing for the operation of the television or related 24
facilities not only appropriations which may be made to it from state funds, 25
from time to time, but also contributions, gifts, matching funds, devises, and 26
bequests from any source, whether federal or state, and whether public or 27 UNOFFICIAL COPY 23 RS BR 1617
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private, so long as the same are not conditioned upon any improper use of the 1
television or related facilities in a manner inconsistent with the provisions of 2
this subsection. 3
(4) The state board may, on the recommendation and with the advice of the chief state 4
school officer, prescribe, print, publish, and distribute at public expense such 5
administrative regulations, courses of study, curriculums, bulletins, programs, 6
outlines, reports, and placards as each deems necessary for the efficient 7
management, control, and operation of the schools and programs under its 8
jurisdiction. All administrative regulations published or distributed by the board 9
shall be enclosed in a booklet or binder on which the words "informational copy" 10
shall be clearly stamped or printed. 11
(5) Upon the recommendation of the chief state school officer or his or her designee, 12
the state board shall establish policy or act on all matters relating to programs, 13
services, publications, capital construction and facility renovation, equipment, 14
litigation, contracts, budgets, and all other matters which are the administrative 15
responsibility of the Department of Education. 16