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KENTUCKY DEPARTMENT OF EDUCATION

NEWS RELEASE
No. 13-037 April 10, 2013

MEDIA CONTACT: Nancy Rodriguez
Office: (502) 564-2000 Cell: (502) 330-5063 E-mail: [email]nancy.rodriguez@education.ky.gov[/email]

BOARD ADDS MIDDLE SCHOOLS TO KHSAA GOVERNING AUTHORITY

(FRANKFORT, Ky.) – At its meeting today, the Kentucky Board of Education gave final approval to a regulation designating the Kentucky High School Athletics Association (KHSAA ) as the agent to manage both high school and middle school athletics in the state. The regulation, 702 KAR 7:065 now includes requirements for coaches, medical training and policies, limits on games and competitions, and the requirement for sports physicals for middle schools. The regulation also implements revisions to the KHSAA Bylaws and Constitution.

Education Cabinet 1
Kentucky Board of Education 2
Department of Education 3
(Amendment) 4
702 KAR 7:065. Designation of agent to manage middle and high school interscholastic 5 athletics. 6
RELATES TO: KRS 156.070(2) 7
STATUTORY AUTHORITY: KRS 156.070(2) 8
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(2) requires the Kentucky 9 Board of Education (KBE) to manage and control the common schools, including interscholastic 10 athletics in the schools, and authorizes the KBE to designate an agency to manage athletics. This 11 administrative regulation designates an agent for middle and high school athletics; establishes the 12 financial planning and review processes for the agent; and incorporates by reference the bylaws, 13 procedures and rules of the agent. 14
Section 1. The Kentucky High School Athletic Association (KHSAA) shall be the Kentucky 15 Board of Education's agent to manage interscholastic athletics at the middle and high school 16 level in the common schools, including a private school desiring to associate with KHSAA or 17 [and] to compete with a common school. 18
Section 2. To remain eligible to maintain the designation as the agent to manage interscholastic 19 high school athletics, the KHSAA shall: 20
(1) Accept four (4) at-large members appointed by the Kentucky Board of Education to its high 21 school Board of Control [governing body]; 22
(2) Sponsor an annual meeting of its member high schools; 1
(3) Provide for each member high school to have a vote on KHSAA constitution and bylaw 2 changes submitted for consideration; 3
(4) Provide for high school regional postseason tournament net revenues to be distributed to the 4 member high schools in that region participating in that sport, utilizing a share approach 5 determined by the high schools within that region playing that sport; 6
(5) Provide, following a grandfathering period for prior participants, for students desiring to 7 participate at the high school level (regardless of level of play) to be enrolled in at least grade 8 seven (7); 9
(6) [(5)] Require its governing body to annually establish goals and objectives for its 10 commissioner and perform a self-assessment and submit the results annually to the KBE by 11 December [October] 31; 12
(7) [(6)] Advise the Department of Education of all legal action brought against the KHSAA[ by 13 October 31]; 14
(8) [(7)] Permit a board of control member to serve a maximum of two (2) consecutive four (4) 15 year terms with no region represented for more than eight (8) consecutive years; 16
(9) [(8)] Employ a commissioner and evaluate that person's performance annually by October 31, 17 and establish all staff positions upon recommendation of the commissioner; 18
(10) [(9)] Permit the commissioner to employ other personnel necessary to perform the staff 19 responsibilities; 20
(11) [(10)] Permit the Board of Control to assess fines on a member high school; 21
(12) [(11)] Utilize a trained independent hearing officer instead of an eligibility committee for an 1 athletic eligibility appeal; 2
(13) [(12)] Establish a philosophical statement of principles to use as a guide in an eligibility 3 case; 4
(14) [(13)] Conduct continual cycles of field audits of the association’s entire high school 5 membership such that each high school is audited over a five (5) year period regarding each 6 school’s compliance with 20 U.S.C. Section 1681 (Title IX) and submit annual summary reports 7 including the highlighting of any potential deficiencies in OCR compliance [on a regular (not 8 less than three (3) times annually) basis] to the Kentucky Board of Education [as requested]; 9
(15) [(14)] As a condition precedent to high school membership, require each member high 10 school and superintendent to annually submit a written certification of compliance with 20 11 U.S.C. Section 1681 (Title IX); 12
(16) [(15)] Conduct all meetings related to high school athletics in accordance with KRS 61.805 13 through 61.850; 14
(17) [(16)] Provide written reports of any investigations into possible violations of statute, 15 administrative regulation, KHSAA Constitution, bylaws, and other rules governing the conduct 16 of high school interscholastic athletics conducted by KHSAA or their designees to the 17 superintendent and principal of the involved school district and school prior to being made 18 public: and 19
(18) [(17)] Not punish or sanction, in any manner, a school, student, coach, or administrator for 20 allowing a student to play in an athletic contest or practice with the team during a time when an 21
order of a court of competent jurisdiction permits the student to participate or otherwise stays or 1 enjoins enforcement of a KHSAA final decision on eligibility. 2
Section 3. To remain eligible to maintain the designation as the agent to manage interscholastic 3 athletics at the middle school level, the KHSAA shall: 4
(1) Implement the following requirements for all participants in middle school athletics and 5 distribute these requirements to all middle schools and publish via the KHSAA website: 6
(a) Require that any coach (head or assistant, paid or unpaid) desiring to coach interscholastic 7 athletics at the middle school level meet the following requirements: 8
1) Shall be 21 years of age; 9
2) Shall not be a violent offender or convicted of a sex crime as defined by KRS 17.165 that is 10 classified as a felony; 11
3) Shall submit to a criminal record check under KRS 160.380; and 12
4) Shall have graduated from a public or accredited high school. 13
(b) Require the adherence to the following items regarding Safety, Sports Medicine and Risk 14 Minimization for all interscholastic athletics at the middle school level: 15
1. Each student, prior to trying for a place on a middle school athletic team shall provide an 16 annual medical examination performed and signed by a physician, physician assistant, advanced 17 practice registered nurse, or chiropractor (if performed within the professional's scope of 18 practice), for each student seeking eligibility to participate in any school athletic activity or sport 19 using the form approved for use at the high school level. 20
2. All participants at the middle school level shall adhere to all Sports Medicine policies in use at 21 the high school level including: 22
a. Heat Index and Heat Illness programs; 1
b. Wrestling Weight Management programs; and 2
c. Concussion and other head injury policies. 3
© Create a permanent Middle School Athletics Advisory Committee. This committee shall: 4
1. Be autonomous with respect to the Board of Control of the KHSAA; 5
2. Be composed of regionally distributed middle school administrators from throughout the state; 6
3. Provide an opportunity for nonprofit athletic groups, parents, and others to participate and 7 provide input on the sport, athletic event, or athletes involved in interscholastic activities through 8 local school districts; 9
4. Meet not less than twice annually to review current programs and policies; make 10 recommendations for changes in statute, regulation or policy related to middle school 11 interscholastic athletics, and assist in the development of model guidelines for school, districts, 12 conferences and associations to be used in implementing a middle school athletic program; and 13
5. Report regularly to the Commissioner of the KHSAA and issue, in conjunction with the 14 Commissioner, a formal written report annually to the Kentucky Board of Education with 15 recommendations for changes in statute, regulation or policy; 16
(d) Require any organization conducting a school based event at the middle school level to 17 submit the following which shall be published on the KHSAA website: 18
1. Financial reports of all sanctioned and approved events sponsored by the organization; and 19
2. Documentation of financial accountability including verification of federal status and tax 20 documents including an annual IRS Form 990; 21
(e) Provide notice to the middle schools related to any program conducted by KHSAA related to 1 educating school administrators about the provisions of Title IX; 2
(f) Provide a mechanism to facilitate the monitoring and tracking capabilities for the middle 3 schools to ensure compliance with the provisions of KRS 160.445, and other requirements for 4 coaches at the middle school level; 5
(g) Require that no student be able to compete in middle school competition that is repeating a 6 grade for any reason; 7
(h) Require each school/school district/conference or association of schools to develop rules and 8 limitations regarding student participation to include: 9
1. A defined age limitation for participating students; 10
2. A policy regarding the participation of students below grade six (6); 11
3. A limitation on practice time prior to the season in any sport or sport activity, such limit not to 12 exceed the practice time adopted for play at the high school level; 13
4. A limitation on the number of scrimmages and regular contests in each sport or sport-activity, 14 such limit not to exceed the allowable number of contests for that sports or sport-activity at the 15 high school level; and 16