156.070 General powers and duties of state board -- Administrative regulations --
2,598 words·~12 min read·
/ky/156-070A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Designation of teams -- Eligibility to play -- Athletics participation consent
form to include information on child dependency, neglect, and abuse --
Restriction on reporting requirements.
(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 by laws that prohibit pupils in grades seven
(7)to eight
(8)from
participating in any high school sports except for high school varsity soccer,
football, and boys or coed lacrosse, or from participating on more than one
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 nonmember at-home private school, or a
team of students from nonmember at-home private schools, if the
nonmember at-home private schools and students comply with this
subsection.
2. A nonmember 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.
3. A coach of a nonmember 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 nonmember 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 nonmember 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)1. 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.
2. Any interscholastic athletics participation consent form that is adopted
by the Kentucky Board of Education or any organization or agency
designated by the state board to manage interscholastic athletics shall
include the following information:
a. A student-athlete may report instances of child dependency,
neglect, and abuse to any adult;
b. Any person who knows or has reasonable cause to believe that a
child is dependent, neglected, or abused shall report that
information pursuant to KRS 620.030; and
c. References to instructions on reporting child dependency, neglect,
and abuse, including KRS 620.030.
3. The Kentucky Board of Education or any organization or agency
designated by the state board to manage interscholastic athletics shall
include the following information in any training for administrators and
coaches under its jurisdiction:
a. The duty to report instances of child dependency, neglect, and
abuse; and
b. Procedures for reporting child dependency, neglect, and abuse
under KRS 620.030.
4. 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
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;
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, any agency designated by the state board to
manage interscholastic athletics, 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)Unless permitted to be eligible for varsity athletics by any transfer rule,
policy, or administrative regulation promulgated by the state board or any
agency designated by the state board to manage interscholastic athletics, any
student who transfers enrollment from a district of residence to a nonresident
district under KRS 157.350(4)(b) after enrolling in grade nine
(9)and
participating in a varsity sport shall be ineligible to participate in
interscholastic athletics for one
(1)calendar year from the date of the transfer.
The state board or any agency designated by the state board to manage
interscholastic athletics may adopt rules, policies, and bylaws and promulgate
administrative regulations necessary to carry out this paragraph.
(j)No member school shall grant a student-athlete the right to use the member
school's property, or intellectual property, such as trademarks, school
uniforms, and copyrights, in the student's earning of compensation through
name, image, and likeness activities. No student-athlete shall use school
property or such intellectual property in earning compensation through name,
image, and likeness activities. The state board or any agency designated by
the state board to manage interscholastic athletics shall promulgate
administrative regulations to govern and enforce this paragraph.
(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
(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.
(6)On or after June 27, 2025, the state board shall not impose any new reporting
requirement upon public schools or public school districts that is not expressly
authorized by state statute or federal law.