KRS § 156.070 — KY Code / Title XIII / Chapter 156 / Section 156.070
156.070 General powers and duties of state board -- Administrative regulations -- Designation of teams -- Eligibility to play -- Athletics participation consent form to include information on child dependency, neglect, and abuse -- Restriction on reporting requirements
Status: in_force

156.070 General powers and duties of state board -- Administrative regulations --

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 (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 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 (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;

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.

(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 (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.