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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 to manage and control the common schools, including interscholastic athletics in the schools. KRS 156.070(2) authorizes the board 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. Definitions. (1) "Contact" means that drills are run at Level 3, thud, or Level 4, live action.
(2) "KBE" means Kentucky Board of Education.
(3) "KHSAA" means Kentucky High School Athletics Association.
(4) "Level 0" or "air" means that players run a drill unopposed and without contact.
(5) "Level 1" or "bags" means that a drill is run against a bag or another soft contact surface.
(6) "Level 2" or "control" means that a drill is run at the assigned speed until the moment of contact; one (1) player is predetermined the winner by the coach; contact remains above the waist; and players stay on their feet.
(7) "Level 3" or "thud" means that a drill is run at the assigned speed through the moment of contact; there is not a predetermined winner; contact remains above the waist; players stay on their feet; and a quick whistle ends the drill.
(8) "Level 4" or "live action" means that a drill is run in game-like conditions and is the only time that players are taken to the ground.
(9) "Non-contact" means that drills are run at Level 0, air; Level 1, bags; or Level 2, control.
(10) "OCR" means Office for Civil Rights.

Section 2. The 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 3. 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.