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156.070 General powers and duties of state board.
(1)
(2)
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.
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 bylaws that prohibit pupils in grades seven (7) to eight (8)
from participating in any high school sports except for high school varsity
soccer and football, 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) 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
(e)
(f)
(3)
(a)
the professional's scope of practice, for each student seeking eligibility to
participate in any school athletic activity or sport. 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.
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).
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.
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
(b)
(c)
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.
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.
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
(4)
(5)
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.
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.
Upon the recommendation of the chief state school officer or his 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.
Effective:April 11, 2012
History: Amended 2012 Ky. Acts ch. 72, sec. 2, effective April 11, 2012. -Amended 2010 Ky. Acts ch. 85, sec. 26, effective July 15, 2010; and ch. 146,
sec. 1, effective April 13, 2010. -- Amended 2007 Ky. Acts ch. 112, sec. 1,
effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 277, sec. 2, effective
July 15, 2002; and ch. 301, sec. 1, effective July 15, 2002. -- Amended 2001 Ky.
Acts ch. 147, sec. 1, effective June 21, 2001. -- Amended 1998 Ky. Acts
ch. 108, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318,
sec. 45, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 230, sec. 1, effective July 15, 1994. Amended
1992 Ky. Acts ch. 405, sec. 1, effective April 10, 1992. -- Amended 1990 Ky.
Acts ch. 182, sec. 1, effective March 30, 1990; ch. 470, sec. 50, effective July 1,
1990; and Ky. Acts ch. 476, Pt. II, sec. 47, effective July 13, 1990. -- Amended
1988 Ky. Acts ch. 361, sec. 8, effective July 15, 1988. -- Amended 1982 Ky.
Acts ch. 381, sec. 4, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 60,
sec. 1, effective June 17, 1978; and ch. 155, secs. 41, 82, and 89, effective
June 17, 1978. -- Amended 1976 Ky. Acts ch. 327, sec. 2. -- Amended 1970 Ky.
Acts ch. 204, sec. 7. -- Amended 1964 Ky. Acts ch. 5, sec 1. -- Amended 1962
Ky. Acts ch. 13, sec. 3. -- Amended 1958 Ky. Acts ch. 47, sec. 2. -- Amended
1952 Ky. Acts ch. 41, sec 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 4377-1, 4377-12, 4527-63,
4618-80.
Legislative Research Commission Note (7/13/90). This section was amended by
three 1990 Acts. Where those Acts are not in conflict, they have been compiled
together. Where a conflict exists, the Act which was last enacted by the General
Assembly prevails pursuant to KRS 446.250.
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