702 KAR 7:065. Designation of agent to manage middle and high school interscholastic athletics.

 

      RELATES TO: KRS 156.070(2)

      STATUTORY AUTHORITY: KRS 156.070(1), (2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(1) requires the Kentucky Board of Education (KBE) to manage and control the common schools, including interscholastic athletics in the schools. KRS 156.070(2) authorizes the KBE to designate an agency to manage athletics. This administrative regulation designates an agent for middle and high school athletics; establishes the financial planning and review processes for the agent; and incorporates by reference the bylaws, procedures and rules of the agent.

 

      Section 1. The Kentucky High School Athletic Association (KHSAA) shall be the Kentucky Board of Education's agent to manage interscholastic athletics at the middle and high school level in the common schools, including a private school desiring to associate with KHSAA or to compete with a common school.

 

      Section 2. To remain eligible to maintain the designation as the agent to manage interscholastic high school athletics, the KHSAA shall:

      (1) Accept four (4) at-large members appointed by the Kentucky Board of Education to its high school Board of Control;

      (2) Sponsor an annual meeting of its member high schools;

      (3) Provide for each member high school to have a vote on KHSAA constitution and bylaw changes submitted for consideration;

      (4) Provide for high school regional postseason tournament net revenues to be distributed to the member high schools in that region participating in that sport, utilizing a share approach determined by the high schools within that region playing that sport;

      (5) Provide for students desiring to participate at the high school level (regardless of level of play) to be enrolled in at least grade seven (7) unless the student has participated at the high school level prior to the 2014 - 2015 school year;

      (6) Require its governing body to annually establish goals and objectives for its commissioner and perform a self-assessment and submit the results annually to the KBE by December 31;

      (7) Advise the Department of Education of all legal action brought against the KHSAA;

      (8) Permit a board of control member to serve a maximum of two (2) consecutive four (4) year terms with no region represented for more than eight (8) consecutive years;

      (9) Employ a commissioner and evaluate that person's performance annually by October 31, and establish all staff positions upon recommendation of the commissioner;

      (10) Permit the commissioner to employ other personnel necessary to perform the staff responsibilities;

      (11) Permit the Board of Control to assess fines on a member high school;

      (12) Utilize a trained independent hearing officer instead of an eligibility committee for a high school athletic eligibility appeal;

      (13) Establish a philosophical statement of principles to use as a guide in a high school eligibility case;

      (14) Conduct continual cycles of field audits of the association’s entire high school membership which provides that each high school is audited over a five (5) year period regarding each school’s compliance with 20 U.S.C. Section 1681 (Title IX) and submit annual summary reports including the highlighting of any potential deficiencies in OCR compliance to the Kentucky Board of Education;

      (15) As a condition precedent to high school membership, require each member high school and superintendent to annually submit a written certification of compliance with 20 U.S.C. Section 1681 (Title IX);

      (16) Conduct all meetings related to high school athletics in accordance with KRS 61.805 through 61.850;

      (17) Provide written reports of any investigations into possible violations of statute, administrative regulation, KHSAA Constitution, bylaws, and other rules governing the conduct of high school interscholastic athletics conducted by KHSAA or their designees to the superintendent and principal of the involved school district and school prior to being made public; and

      (18) Not punish or sanction, in any manner, a school, student, coach, or administrator for allowing a student to play in an athletic contest or practice with the team during a time when an order of a court of competent jurisdiction permits the student to participate or otherwise stays or enjoins enforcement of a KHSAA final decision on eligibility.

 

      Section 3. To remain eligible to maintain the designation as the agent to manage interscholastic athletics at the middle school level, beginning with the 2014-2015 school year, the KHSAA shall implement the following requirements for all participants in middle school athletics and distribute these requirements to all middle schools and publish via the KHSAA Web site:

      (1) Require that any coach (head or assistant, paid or unpaid) desiring to coach interscholastic athletics at the middle school level meet the requirements of KRS 156.070(2)(f)2. and KRS 160.380(4)and (6);

      (2) Require the adherence to the following items regarding safety, sports medicine, and risk minimization for all interscholastic athletics at the middle school level:

      (a) Each student, prior to trying for a place on a middle school athletic team, shall provide 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 using the form approved for use at the high school level;

      (b) All participants at the middle school level shall adhere to all sports medicine policies in use at the middle school level that may be supplemented by the school, school district, conference, or association including:

      1. Heat index and heat illness programs;

      2. Wrestling weight management programs; and

      3. Concussion and other head injury policies;

      (3) Create a permanent Middle School Athletics Advisory Committee. This committee shall:

      (a) Be autonomous with respect to the Board of Control of the KHSAA;

      (b) Be composed of no less than three (3) middle school representatives from each Supreme Court district as well as no less than three (3) at large representatives from throughout the state;

      (c) Provide an opportunity for nonprofit athletic groups, parents, and others to participate and provide input on the sport, athletic event, or athletes involved in interscholastic activities through local school districts;

      (d) Meet not less than twice annually to review current programs and policies; make recommendations for improvements to and participation in middle school interscholastic activities, as well as any changes in statute, administrative regulation, or policy related to middle school interscholastic athletics; and assist in the development of model guidelines for schools, districts, conferences and associations to be used in implementing a middle school athletic program; and

      (e) Report regularly, not less than annually, to the commissioner of the KHSAA and issue, in conjunction with the commissioner, a formal written report annually to the Kentucky Board of Education with recommendations for changes in statute, administrative regulation, or policy;

      (4) Require any organization conducting a school based event at the middle school level to submit the following, which shall be published and listed on the KHSAA Web site:

      (a) Annual financial reports of all sanctioned and approved events sponsored by the organization; and

      (b) Documentation of financial accountability including verification of federal status and tax documents including an annual IRS Form 990;

      (5) Provide notice to the middle schools related to any program conducted by KHSAA related to educating school administrators about the provisions of Title IX;

      (6) Provide educational materials and a mechanism to facilitate the monitoring and tracking capabilities for the middle schools to ensure compliance with the provisions of KRS 160.445, and other requirements for coaches at the middle school level;

      (7) Require each school, school district, conference, or association of schools to develop rules and limitations regarding student participation at the middle school level to include:

      (a) A defined age limitation for participating students;

      (b) A policy regarding the participation of students below grade six (6);

      (c) A limitation on practice time prior to the season in any sport or sport activity which shall not exceed the practice time adopted for play at the high school level;

      (d) A limitation on the number of school based scrimmages and regular season, school based contests in each sport or sport-activity, which shall not include post season contests and shall not exceed the allowable number of contests for that sport or sport-activity at the high school level; and

      (e) A limitation on the length of the regular competitive season in each sport or sport-activity, not including any post season activities, which shall not exceed the length for that sport or sport-activity at the high school level;

      (8) Conduct all meetings related to middle school athletics in accordance with KRS 61.805 through 61.850;

      (9) Require that the common schools at the middle school level may only compete in contests against schools, including combined elementary or middle school teams, that adhere to these provisions; and

      (10) Issue an annual report to the Kentucky Board of Education on the status of interscholastic athletics at the middle school level, including any recommendations for changes in statute, administrative regulation, or policy; and

      (11) Nothing in this administrative regulation shall prohibit a school or school district from choosing to join a conference or association that has developed rules for any particular sport or sport-activity to satisfy the requirements of this administrative regulation.

 

      Section 4. Financial Planning and Review Requirements. (1) KHSAA shall annually submit the following documents to the KBE by October 31:

      (a) Draft budget for the next two (2) fiscal years, including the current year;

      (b) End-of-year budget status report for the previous fiscal year;

      (c) Revisions to the KHSAA Strategic Plan as a result of an annual review of the plan by the KHSAA governing body;

      (d) A summary report of operations including summaries of financial, legal, and administrative actions taken and other items ongoing within KHSAA. This report shall also include a summary of items affecting:

      1. Athletic appeals and their disposition including the name of the individual, grade, school, and the action taken by KHSAA;

      2. Eligibility rules;

      3. Duties of school officials;

      4. Contests and contest limitations;

      5. Requirements for officials and coaches; and

      6. Results of a biennial review of its bylaws that results in a recommendation for a change, directing any proposals for change in association rules to be considered for vote by the member schools at the next legislative opportunity; and

      (e) A review of all items which have been submitted to the membership for approval through the processes established in the KHSAA Constitution and the result of the voting on those issues.

      (2) The KHSAA shall annually submit at the next meeting of the Kentucky Board of Education following receipt and adoption by the Board of Control, audited financial statements with the KHSAA Commissioner's letter addressing exceptions or notes contained in management correspondence, if any.

 

      Section 5. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "KHSAA Constitution", 6/2013;

      (b) "KHSAA Bylaws", 9/2013;

      (c) "KHSAA Due Process Procedure", 6/2013;

      (d) "KHSAA Board of Control and Officials Division Policies", 9/2013;

      (e) "KHSAA Form BA101- Baseball Pitching Limitation", 4/2009;

      (f) "KHSAA Form FB102- Football Financial Report", 9/7/2009;

      (g) "KHSAA Form GE1- Membership Renewal", 6/2013;

      (h) "KHSAA Form GE2- New Membership Application", 6/2013;

      (i) "KHSAA Form GE3- Participation List", 4/2009;

      (j) "KHSAA Form GE4- Physician & Parental Permission Form", 6/2013;

      (k) "KHSAA Form GE6- Domestic Transfer", 9/2013;

      (l) "KHSAA Form GE7- Non Domestic Exchange Eligibility", 9/2013;

      (m) "KHSAA Form GE8 - Non Domestic Non Exchange Eligibility”, 9/2013;

      (n) "KHSAA Form GE14- Contract for Athletic Contests", 4/2009;

      (o) "KHSAA Form GE16- Statutory Waiver of Bylaw 3", 3/2012;

      (p) "KHSAA Form GE19-Title IX Procedures Verification", 5/2011;

      (q) "KHSAA Form GE20- Heat Index Record", 4/2009;

      (r) "KHSAA Form GE26- Financial Aid Report", 5/2011;

      (s) "KHSAA Form GE35- Waiver - 20 Day Notice", 5/2011;

      (t) "KHSAA Form GE36- Add. Info for Appeal", 5/2011;

      (u) "KHSAA Form GE40- Request for a Statutory Waiver of Bylaw 27", 2/2012;

      (v) "KHSAA Form GE52- District Tournament Financial Report", 5/2011;

      (w) "KHSAA Form GE53- Region Tournament Financial Report", 3/2012;

      (x) "KHSAA Form GE69- Waiver – 15 Day Exceptions", 5/2011;

      (y) "KHSAA Form SO103- Soccer Section/SubSection Financial Report", 5/2011;

      (z) "KHSAA Form WR101- Wrestling Permission Form", 12/2009;

      (aa) "KHSAA Form WR111- Wrestling Skin Condition & Unconscious", 5/2011;

      (bb) "KHSAA Form WR126- Wrestling Weight Certif. Program Assessor", 3/2012; and

      (cc) "KHSAA Form MS1 - Physician & Parental Permission", 9/2013.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Legal and Legislative Services, Department of Education, First Floor, Capital Plaza Tower, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (13 Ky.R. 835; eff. 11-11-1986; Am. 14 Ky.R. 989; eff. 12-11-87; 15 Ky.R. 1153; eff. 1-7-89; 16 Ky.R. 1255; eff. 2-3-90; 2459; eff. 7-12-90; 17 Ky.R. 451; 1484; eff. 12-7-90; 18 Ky.R. 1200; eff. 12-8-91; 19 Ky.R. 514; eff. 10-1-92; 1419; eff. 2-4-93; 20 Ky.R. 2900; 3203; eff. 6-14-94; 22 Ky.R. 1728; eff. 5-16-96; 24 Ky.R. 174; 573; eff. 9-4-97; 25 Ky.R. 127; 1046; eff. 11-5-98; 26 Ky.R. 1448; eff. 3-10-2000; 27 Ky.R. 1869; 2438; eff. 3-19-2001; 28 Ky.R. 2446; 29 Ky.R. 108; eff. 7-15-2002; 30 Ky.R. 2378; 31 Ky.R. 75; eff. 8-6-04; 1895; eff. 8-5-05; 32 Ky.R. 1769; eff. 6-2-06; 33 Ky.R. 3461; 34 Ky.R. 40; 726; eff. 9-10-07; 35 Ky.R. 2158; 36 Ky.R. 63; eff. 7-13-2009; 37 Ky.R. 2480; 2834; eff. 6-13-2011; 38 Ky.R. 1801; 1965; eff. 6-11-2012; 40 Ky.R. 133; 594; 807; eff. 11-1-2013.)