EDUCATION AND WORKFORCE DEVELOPMENT CABINET

Kentucky Board of Education

Department of Education

(Amendment)

 

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

 

      RELATES TO: KRS 61.805 - 61.850, 156.070(2), 160.380, 160.445, 20 U.S.C. 1681

      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 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, KHSAA 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 interscholastic athletics and distribute these requirements to all middle schools and publish via the KHSAA Web site:

      (1) Require that these provisions apply to all middle school interscholastic athletics. The following indicates that a team is representative of a school and classified as middle school athletics:

      (a) The contest, event, or tournament is sponsored by a school or combined group of schools;

      (b) Competitors wear a school issued uniform;

      (c) The contest, event, or tournament is sponsored by an outside entity as a school entry event (advertised or promoted as a school event), whether or not an entry fee is required;

      (d) A school entity pays an entry fee, for the student or team, including payment by booster organizations;

      (e) A school representative accompanies the student-athlete or transports the student-athlete to the contest, event, or tournament;

      (f) A member of a school coaching staff (designated or hired, whether paid or unpaid) is present and offering instruction, advice, evaluation, or refinement of skills or exercising other duties defined as coaching within the sport rules;

      (g) Transportation to or from the contest, event, or tournament utilizes school provided or approved transportation;

      (h) Competitors in the contest, event, or tournament wear apparel identifying them by the name of the school (formal, informal, or team nickname);

      (i) Competitors in the contest, event, or tournament are provided resources (promotional or otherwise) by the school including school media recognition, signage, and items clearly indicative of school representation;

      (j) Competition in a contest, event, or tournament has, in any form, jurisdiction of the local school board or school based decision making body, including financial or other approval control; or

      (k) Competition in a contest, event, or tournament is covered by any school or school system provided or procured insurance policy;

      (2) 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);

      (3)[(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, in accordance with KRS 156.070(2)(d), and shall use the form approved for use at the middle school level;

      (b) All participants at the middle school level shall adhere to all sports medicine and risk minimization policies in use at the high[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 including policies for minimizing impact exposure and concussion risks;

      (4)[(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;

      (5)[(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;

      (6)[(5)] Provide notice to the middle schools related to any program conducted by KHSAA related to educating school administrators about the provisions of 20 U.S.C. 1681, Title IX;

      (7)[(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;

      (8)[(7)] Beginning with the 2015-2016 school year, require any student enrolled initially in grade five (5) through eight (8) during the 2015-2016 school year or thereafter who is repeating a grade for any reason, to be ineligible to compete in interscholastic competition involving students enrolled in grades six (6) through eight (8) while repeating a grade;

      (9)[(8)] Beginning with the 2015-2016 school year, require any student who turns:

      (a) Fifteen (15) years of age prior to August 1 of the current school year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades eight (8) and below;

      (b) Fourteen (14) years of age prior to August 1 of the current year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades seven (7) and below; and

      (c) Thirteen (13) years of age prior to August 1 of the current school year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades six (6) and below;

      (10)[(9)] 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;

      (11)[(10)] Conduct all meetings related to middle school athletics in accordance with KRS 61.805 through 61.850;[(11) 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;]

      (12) 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

      (13) Allow a school or school district 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", 6/2015[6/2014];

      (c) "KHSAA Due Process Procedure", 6/2014;

      (d) "KHSAA Board of Control and Officials Division Policies", 6/2015[6/2014];

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

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

      (g) KHSAA Form GE01, "Application for Renewal of Membership", 5/2015[4/2014];

      (h) KHSAA Form GE02, "Application for New Membership", 5/2015[4/2014];

      (i) KHSAA Form GE04, "Athletic Participation[/Physical Examination] Form, Parental and Student Consent and Release for High School Level (grades 9 - 12) Participation", 4/2015[4/2014];

      (j) KHSAA Form GE06, "Transfer Form – Citizens of the U.S. or U.S. Territories", 4/2014;

      (k) KHSAA Form GE07, "Application for Foreign Exchange Student (Non Domestic) Eligibility", 4/2014;

      (l) KHSAA Form GE08, "Application for Foreign Student, Non-Exchange (Non Domestic) Eligibility", 4/2014;

      (m) "KHSAA Form GE14- Contract for Athletic Contests", 4/2014;

      (n) KHSAA Form GE16, "Request for Statutory Waiver of Bylaw 2", 4/2014;

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

      (p) KHSAA Form GE20, "Heat Index Measurement and Record", 4/2014;

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

      (r)] KHSAA Form GE35, "Request for Waiver of 20 Day Notice", 4/2014;

      (r)[(s)] "KHSAA Form GE36- Add. Info for Appeal", 5/2011;

      (s)[(t)] "KHSAA Form GE52- District Tournament Financial Report", 4/2014;

      (t)[(u)] KHSAA Form GE53, "KHSAA Regional Tournament Financial Report", 6/2015[4/2014];

      (u)[(v)] "KHSAA Form GE69- Waiver – 15 Day Exceptions", 5/2011;

      (v) KHSAA Form PPE/Physical Exam, "PPE- Physical Exam History/Physician Clearance Form (Grades 6 - 12)", 4/2015;

      (w) KHSAA Form PPE/Supplemental, "PPE- Physical Exam History Supplemental Form for Athletes With Special Needs (Grades 6 - 12)", 4/2015;

      (x) KHSAA Form SO112, "Semi-State Tournament Financial Report", 6/2015[4/2014];

      (y)[(x)] KHSAA Form WR111, "Wrestling Skin Condition", 6/2015[4/2014];

      (z)[(y)] KHSAA Form WR126, "Minimum Weight Certification Program Assessor Designation", 4/2014; and

      (aa)[(z)] "KHSAA Form MS01- Athletic Participation Parental and Student Consent and Release for Middle School (grades 5-8) Participation[MS1 - Physician & Parental Permission]", 4/2015[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.

 

      This is to certify that the chief state school officer has reviewed and recommended this administrative regulation prior to its adoption by the Kentucky Board of Education, as required by KRS 156.070(5).

 

TERRY HOLLIDAY, PH.D., Commissioner

ROGER L. MARCUM, Chairperson

      APPROVED BY AGENCY: June 11, 2015

      FILED WITH LRC: June 11, 2015 at 3 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on July 24, 2015, at 10:00 a.m. in the State Board Room, 1st Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky. Individuals interested in being heard at this meeting shall notify this agency in writing five working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until July 31, 2015. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to:

      CONTACT PERSON: Kevin C. Brown, Associate Commissioner and General Counsel, Kentucky Department of Education, First Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Kevin Brown

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: KRS 156.070 requires the Kentucky Board of Education (KBE) to manage and control the common schools, including interscholastic athletics in the schools, and authorizes the KBE to designate an agency to manage athletics. This regulation designates the Kentucky High School Athletic Association (KHSAA) as the agent to manage high school and middle school interscholastic athletics, and incorporates by reference the bylaws, procedures and rules governing interscholastic sports.

      (b) The necessity of this administrative regulation: This regulation is necessary to designate the agency to provide the day-to-day management activities of interscholastic athletics in Kentucky; to set forth the financial, planning and review processes governing the agent; and to incorporate by reference the bylaws, procedures and rules of the agency.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation designates the agency to manage interscholastic athletics, as authorized by the authorizing statute, and outlines the conditions under which this authority is granted.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: It designates the KHSAA as the agent to manage interscholastic athletics in the schools and districts at the high school and middle school levels, and publishes changes in bylaws, procedures and rules for affected schools and districts.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: These amendments make changes to the documents incorporated by reference, in the KHSAA Bylaws 7, 9, 14, 23, 26, as adopted by the KHSAA Delegate Assembly.

      (b) The necessity of the amendment to this administrative regulation: Pursuant to the KHSAA Constitution, which is incorporated by reference in this regulation, the members are required to have an annual meeting to discuss and recommend any needed changes to the Constitution and Bylaws. While they are not required to make changes to the Constitution and Bylaws, changes must be made through this process. This amendment incorporates changes approved at the annual meeting of the Delegate Assembly. This amendment also is necessary to provide additional guidance for interscholastic athletics at the middle school level.

      (c) How the amendment conforms to the content of the authorizing statutes: The statute authorizes the KBE to designate an agency to manage interscholastic athletics in the common schools. The regulation designates the KHSAA as that agent at both the high school and middle school levels, and incorporates by reference the KHSAA Handbook, which consists of the KHSAA Constitution, Bylaws, and Due Process Procedure to provide rules and guidance to the member schools and districts governing sporting events. The amendments in the Bylaws are made annually, according to the process outlined in the Constitution, and reflect input given by member schools and districts on changes that need to be made to provide a more sound structure of governance. Other amendments are necessary to ensure the health and safety of students participating in interscholastic

athletics.

      (d) How the amendment will assist in the effective administration of the statutes: See (c) above.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: 173 School Districts and other member organizations of the KHSAA.

      (4) Provide an assessment of how the above group or groups will be impacted by either the

implementation of this administrative regulation, if new, or by the change if it is an amendment: There will be little impact because of the nature of the changes to the regulation. There are requirements that continue to be placed on schools and coaching personnel, however the training required to meet these requirements will be provided at no costs to the schools or the coaching personnel.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: Minimal

      (b) On a continuing basis: None

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: KHSAA is funded through membership fees and dues, as well as from gate receipts from the various state championships.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: None

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: None

      (9) TIERING: Is tiering applied? Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all school districts.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? School Districts.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 156.070 and 702 KAR 7:065.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. There is no additional expense to the school districts as a result of this administrative regulation.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None.

      (c) How much will it cost to administer this program for the first year? The costs associated to the KHSAA in administrating this program for the first year are minimal.

      (d) How much will it cost to administer this program for subsequent years? The costs associated to the KHSAA in administrating this program in subsequent years are minimal.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: