Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
61.805 - 61.850, 156.070(2), 158.162,
160.380, 160.445, 20 U.S.C.
1681
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 Drill" means that drills are run
at Level 3, Level 4, or Level 5.
(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 without contact.
(5) "Level 1" or "bags" means that a drill is
run with a bag or against another soft contact surface.
(6) "Level 2" or "control" means that:
(a) A drill is run at an assigned speed until
the moment of contact;
(b) One (1)
player is predetermined the winner by the coach;
(c) Contact remains above the waist;
and
(d) Players stay on their
feet.
(7) "Level 3" or
"Control to Ground" means that:
(a) A drill is
run at an assigned non-competitive speed or with players pre-engaged;
(b) There is a pre-determined winner;
and
(c) Players are allowed to take
their opponent to the ground in a controlled manner.
(8) "Level 4" or "thud" means that:
(a) A drill is run at a competitive speed
through the moment of contact;
(b)
There is no predetermined winner;
(c) Contact is above the waist;
(d) Players stay on their feet; and
(e) A quick whistle ends the drill.
(9) "Level 5" or "live" means that
a drill is run at a competitive speed in game-like conditions.
(10) "Non-Contact Drill" means that drills
are run at Level 0, Level 1, or Level 2.
(11) "OCR" means the United States Department
of Education, Office for Civil Rights.
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 the 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 the level of
play) to be enrolled in at least grade seven (7);
(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, or 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 before
being made public;
(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;
(19)
Require any student enrolled initially in grade seven (7) through twelve (12)
who is repeating a grade for any reason, to be ineligible, during the school
year that the grade is repeated, to compete in an interscholastic athletics
competition at any level; and
(20)
Produce a public report or reports of member schools' compliance with
submitting the required member school application and the required training
aspects of KRS
158.162 and
KRS
160.445 regarding emergency and cardiac
action plans related to interscholastic athletics.
Section 4. To remain eligible to maintain the
designation as the agent to manage interscholastic athletics at the middle
school level, the KHSAA shall implement the following requirements for all
participants in middle school interscholastic athletics, 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, which is
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 designated or hired member of a school
coaching staff, 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, including the formal name, informal name, or team
nickname;
(i) Competitors in the
contest, event, or tournament are provided promotional or other resources by
the school including school media recognition, signage, and items 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 head or assistant coach, whether paid or unpaid, desiring to
coach interscholastic athletics at the middle school level:
(a) Meet the requirements of
KRS
156.070(2)(h) 2;
(b) Meet the requirements of
KRS
160.380(5) and (6);
and
(c) Provide to the school
documentation of successful completion of a C.P.R. course including the use of
an automatic external defibrillator and the first aid training, conducted by an
instructor or program approved by a college or university, the American Red
Cross, the American Heart Association, or other bona fide accrediting agency
that is approved by the KHSAA based upon industry standards. The certification
shall be updated as required by the approving agency;
(3) Require adherence to the following items
regarding safety, sports medicine, and risk minimization for all
interscholastic athletics at the middle school level:
(a) Each student, before trying for a place
on a middle school athletic team, shall provide an annual medical examination,
in accordance with KRS
156.070(2)(e), and shall use
the KHSAA form PPE01, with PPE02 being optional for the health care
provider;
(b) All participants at
the middle school level shall adhere to all sports medicine and risk
minimization policies in use at the high 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;
3. Concussion
and other head injury policies including policies for minimizing impact
exposure and concussion risks;
4.
The following football equipment drill work and practice activity limitations:
a. Football contact and non-contact practice
shall use the appropriate clothing and equipment for the level of drill,
including:
(i) A drill conducted in
helmets-only shall be a Level 0, or Level 1;
(ii) A drill conducted in shells (shorts,
shoulder pads, and helmets) shall be a non-contact drill; and
(iii) A contact drill shall be conducted in
full equipment;
b. Middle
school football shall practice a minimum of eleven (11) days before engaging
another group or opponent in full contact, using the following minimum
schedule:
(i) Five (5) days in
helmets;
(ii) Followed by three (3)
days in helmets and shoulder pads; and
(iii) Concluding with three (3) days in full
equipment practice; and
c. Contact drills shall not be conducted more
than twenty-one (21) days before the first regular-season contest;
d. The first regular season interscholastic
contest shall not be played before the Saturday preceding week seven (7) of the
National Federation of High Schools Standardized Procedure for Numbering
Calendar Weeks; and
e. All middle
schools shall maintain protective helmets in accordance with manufacturer's
warranty guidelines for recertification;
5. The following baseball pitching
limitations shall apply to all interscholastic play at the middle school level
including scrimmages, regular season, and post season games:
a. The pitch count shall be based on pitches
thrown for strikes (including foul balls), balls, balls in play, and
outs;
b. Warm-up pitches allowed
before each inning, warm-up pitches allowed by the umpire in case of injury or
game delay, and plays attempted against the batter-runner or any runner at
first, second, or third base shall not count against this limit;
c. A pitcher at any level who reaches the
pitch count limit in the middle of an at-bat shall be allowed to finish that
hitter;
d. The required calendar
rest shall begin on the day following the date on which the game began, or a
resumed game began regardless of the conclusion time of the game; and
e. The rest periods shall be based on the
following total pitches:
(i) Maximum pitches -
eighty-five (85);
(ii) Fifty-six
(56) pitches or more - three (3) calendar days rest;
(iii) Thirty-six (36) to fifty-five (55)
pitches - two (2) calendar days rest;
(iv) Twenty (20) to thirty-five (35) pitches
- one (1) calendar day rest; and
(v) One (1) to nineteen (19) pitches - no
mandated rest;
6. Students seeking to play or practice,
including scrimmages, regular season, and post season games, in the sport of
fastpitch softball, shall be required to wear face protection, commercially
manufactured for softball facial protection and worn as intended by the
manufacturer, when playing the positions of first base, third base, and
pitcher; and
7. Teams participating
in middle school athletics as defined by subsection (1) of this section shall
use KHSAA licensed officials in the sports of baseball, basketball, field
hockey, football, soccer, softball, and volleyball;
(4) Create a permanent Middle
School Athletics Advisory Committee. This committee shall:
(a) Report regularly, not less than annually
to the Board of Control of the KHSAA with the Board of Control obligated to
make a recommendation to the Kentucky Board of Education with respect to
annually proposed regulatory changes;
(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 KBE with recommendations
for changes in statute, administrative regulation, or policy;
(5) 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) 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) 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)
Require that any student who turns:
(a)
Fifteen (15) years of age before 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 before 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 before 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;
(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 before 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;
(10) Conduct all
meetings related to middle school athletics in accordance with
KRS
61.805 through
61.850;
(11) Issue an annual report to the KBE on the
status of interscholastic athletics at the middle school level, including any
recommendations for changes in statute, administrative regulation, or
policy;
(12) 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; and
(13)
The period of June 25 to July 9, inclusive, shall be a dead period for middle
school athletics. During the dead period:
(a)
Students shall not receive coaching or training from school personnel, whether
salaried or non-salaried;
(b)
School facilities, uniforms, nicknames, transportation, or equipment shall not
be used;
(c) School funds shall not
be expended in support of interscholastic athletics; and
(d) A postseason wrap-up activity,
celebration, or recognition event relating to a spring sports team at a school
may be held.
Section
5. 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 a 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 7. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "KHSAA Constitution",
7/2021;
(b) "KHSAA Bylaws",
7/2023;
(c) "KHSAA Due Process
Procedure", 7/2023;
(d) "KHSAA
Board of Control Adopted Policies", 9/2023;
(e) KHSAA Form BA101- Baseball Pitching
Limitation", 6/2016;
(f) KHSAA Form
GE01, "Application for Membership", 7/2023;
(g) KHSAA Form GE04, "Athletic Participation
Form, Parental and Student Consent and Release for High School Level (grades 9
- 12) Participation", 5/2023;
(h)
KHSAA Form DP02, "Request for Statutory Waiver of Bylaw 2", 6/2018;
(i) KHSAA Form DP06, "Application for
Athletic Eligibility for Domestic Students", 7/2023;
(j) KHSAA Form DP07, "Application for
Athletic Eligibility for Non-Domestic Students", 07/2023;
(k) KHSAA Form DP16, "Request for Waiver of
20 Day Notice", 6/2018;
(l) KHSAA
Form DP17, "Add. Info for Appeal", 6/2018;
(m) KHSAA Form DP18 "Waiver - 15 Day
Exceptions", 6/2018;
(n) "KHSAA
Form GE14- Contract for Athletic Contests", 7/2020; and
(o) "KHSAA Form GE19-Title IX Procedures
Verification", 5/2011;
(p) KHSAA
Form GE20, "Heat Index Measurement and Record", 4/2014.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Office of Legal
Services, Department of Education, 5th Floor, 300 Sower Blvd, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.