AN ACT relating to education reporting.

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AN ACT relating to education reporting. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 156 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "K-12 educational institution" or "institution" means: 6
1. A school district, a public charter school, or the Kentucky Department 7
of Education; 8
2. Any interlocal cooperative established pursuant to KRS 160.290; and 9
3. Any other agency or organization established by the entities listed in 10
subparagraph 1. of this paragraph, including any agency designated 11
by the Kentucky Board of Education for the management of 12
interscholastic athletics; and 13
(b) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. 14
sec. 1681 et seq. 15
(2) Under the authority of the Kentucky Board of Education to manage and control 16
the common schools and programs operated in these schools, including 17
interscholastic athletics as provided in Section 2 of this Act, the Kentucky Board 18
of Education shall promulgate administrative regulations in accordance with 19
KRS Chapter 13A to establish a statewide system of oversight and monitoring 20
compliance with Title IX. 21
(3) The oversight and monitoring system shall: 22
(a) Apply to each K -12 educational institution and its services, programs, and 23
activities; 24
(b) For the Kentucky Department of Education, differentiate between the 25
various subdivisions and programs of the department; 26
(c) Require each K -12 educati onal institution to timely report to the 27
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commissioner of education or designee: 1
1. Complaints received by the institution alleging a violation of Title IX; 2
2. Notices received by the institution from the federal government 3
indicating the institution is un der investigation for a potential 4
violation of Title IX; 5
3. The outcomes of any Title IX investigations involving the institution; 6
and 7
4. Any contract the institution has entered into with an employee or 8
former employee of the institution that contains a n ondisclosure 9
agreement; 10
(d) Annually identify any K -12 educational institution and subdivision or 11
program of the Kentucky Department of Education that data indicates is in 12
need of additional training or intervention to reduce violations of Title IX; 13
(e) Establish reasonable penalties for K -12 educational institutions that fail to 14
comply with the reporting requirements of the system; and 15
(f) Report to the Kentucky Board of Education any K -12 educational 16
institution identified under paragraph (d) of this sub section or penalized 17
under paragraph (e) of this subsection. 18
Section 2. KRS 156.070 is amended to read as follows: 19
(1) The Kentucky Board of Education shall have the management and control of the 20
common schools and all p rograms operated in these schools, including 21
interscholastic athletics, the Kentucky School for the Deaf, the Kentucky School for 22
the Blind, and community education programs and services. 23
(2) The Kentucky Board of Education may designate an organization or agency to 24
manage interscholastic athletics in the common schools, provided that the rules, 25
regulations, and bylaws of any organization or agency so designated shall be 26
approved by the board, and provided further that any administrative hearing 27
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conducted by the designated managing organization or agency shall be conducted in 1
accordance with KRS Chapter 13B. 2
(a) The state board or its designated agency shall assure through promulgation of 3
administrative regulations that if a secondary school sponsors or inte nds to 4
sponsor an athletic activity or sport that is similar to a sport for which 5
National Collegiate Athletic Association members offer an athletic 6
scholarship, the school shall sponsor the athletic activity or sport for which a 7
scholarship is offered. Th e administrative regulations shall specify which 8
athletic activities are similar to sports for which National Collegiate Athletic 9
Association members offer scholarships. 10
(b) Beginning with the 2003 -2004 school year, the state board shall require any 11
agency or organization designated by the state board to manage interscholastic 12
athletics to adopt bylaws that establish as members of the agency's or 13
organization's board of control one (1) representative of nonpublic member 14
schools who is elected by the nonpubl ic school members of the agency or 15
organization from regions one (1) through eight (8) and one (1) representative 16
of nonpublic member schools who is elected by the nonpublic member 17
schools of the agency or organization from regions nine (9) through sixteen 18
(16). The nonpublic school representatives on the board of control shall not be 19
from classification A1 or D1 schools. Following initial election of these 20
nonpublic school representatives to the agency's or organization's board of 21
control, terms of the non public school representatives shall be staggered so 22
that only one (1) nonpublic school member is elected in each even -numbered 23
year. 24
(c) The state board or any agency designated by the state board to manage 25
interscholastic athletics shall not promulgate ru les, administrative regulations, 26
or by laws that prohibit pupils in grades seven (7) to eight (8) from 27
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participating in any high school sports except for high school varsity soccer, 1
football, and boys or coed lacrosse, or from participating on more than one (1) 2
school-sponsored team at the same time in the same sport. The Kentucky 3
Board of Education, or an agency designated by the board to manage 4
interscholastic athletics, may promulgate administrative regulations 5
restricting, limiting, or prohibiting parti cipation in high school varsity soccer 6
and football for students who have not successfully completed the eighth 7
grade. 8
(d) 1. The state board or any agency designated by the state board to manage 9
interscholastic athletics shall allow a member school's team or students 10
to play against students of a nonmember at -home private school, or a 11
team of students from nonmember at -home private schools, if the 12
nonmember at -home private schools and students comply with this 13
subsection. 14
2. A nonmember at -home private sch ool's team and students shall comply 15
with the rules for student-athletes, including rules concerning: 16
a. Age; 17
b. School semesters; 18
c. Scholarships; 19
d. Physical exams; 20
e. Foreign student eligibility; and 21
f. Amateurs. 22
3. A coach of a nonmember at -home private school's team shall comply 23
with the rules concerning certification of member school coaches as 24
required by the state board or any agency designated by the state board 25
to manage interscholastic athletics. 26
4. This subsection shall not allow a nonmember at -home private school's 27
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team to participate in a sanctioned: 1
a. Conference; 2
b. Conference tournament; 3
c. District tournament; 4
d. Regional tournament; or 5
e. State tournament or event. 6
5. This subsection does not allow elig ibility for a recognition, award, or 7
championship sponsored by the state board or any agency designated by 8
the state board to manage interscholastic athletics. 9
6. A nonmember at-home private school's team or students may participate 10
in interscholastic athl etics permitted, offered, or sponsored by the state 11
board or any agency designated by the state board to manage 12
interscholastic athletics. 13
(e) 1. Every local board of education shall require an annual medical 14
examination performed and signed by a physician , physician assistant, 15
advanced practice registered nurse, or chiropractor, if performed within 16
the professional's scope of practice, for each student seeking eligibility 17
to participate in any school athletic activity or sport. 18
2. Any interscholastic athle tics participation consent form that is adopted 19
by the Kentucky Board of Education or any organization or agency 20
designated by the state board to manage interscholastic athletics shall 21
include the following information: 22
a. A student -athlete may report inst ances of child dependency, 23
neglect, and abuse to any adult; 24
b. Any person who knows or has reasonable cause to believe that a 25
child is dependent, neglected, or abused shall report that 26
information pursuant to KRS 620.030; and 27
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c. References to instructions on reporting child dependency, neglect, 1
and abuse, including KRS 620.030. 2
3. The Kentucky Board of Education or any organization or agency 3
designated by the state board to manage interscholastic athletics shall 4
include the following information in any trai ning for administrators and 5
coaches under its jurisdiction: 6
a. The duty to report instances of child dependency, neglect, and 7
abuse; and 8
b. Procedures for reporting child dependency, neglect, and abuse 9
under KRS 620.030. 10
4. The Kentucky Board of Education or any organization or agency 11
designated by the state board to manage interscholastic athletics shall 12
not promulgate administrative regulations or adopt any policies or 13
bylaws that are contrary to the provisions of this paragraph. 14
(f) Any student who turns nineteen (19) years of age prior to August 1 shall not 15
be eligible for high school athletics in Kentucky. Any student who turns 16
nineteen (19) years of age on or after August 1 shall remain eligible for that 17
school year only. An exception to the provisions of this paragraph shall be 18
made, and the student shall be eligible for high school athletics in Kentucky if 19
the student: 20
1. Qualified for exceptional children services and had an individual 21
education program developed by an admissions and release committe e 22
(ARC) while the student was enrolled in the primary school program; 23
2. Was retained in the primary school program because of an ARC 24
committee recommendation; and 25
3. Has not completed four (4) consecutive years or eight (8) consecutive 26
semesters of eligibility following initial promotion from grade eight (8) 27
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to grade nine (9). 1
(g) The state board or any agency designated by the state board to manage 2
interscholastic athletics shall promulgate administrative regulations or bylaws 3
that provide that: 4
1. A member school shall designate all athletic teams, activities, and sports 5
for stude nts in grades six (6) through twelve (12) as one (1) of the 6
following categories: 7
a. "Boys"; 8
b. "Coed"; or 9
c. "Girls"; 10
2. The sex of a student for the purpose of determining eligibility to 11
participate in an athletic activity or sport shall be determined by: 12
a. A student's biological sex as indicated on the student's original, 13
unedited birth certificate issued at the time of birth; or 14
b. An affidavit signed and sworn to by the physician, physician 15
assistant, advanced practice registered nurse, or chiropracto r that 16
conducted the annual medical examination required by paragraph 17
(e) of this subsection under penalty of perjury establishing the 18
student's biological sex at the time of birth; 19
3. a. An athletic activity or sport designated as "girls" for students in 20
grades six (6) through twelve (12) shall not be open to members of 21
the male sex. 22
b. Nothing in this section shall be construed to restrict the eligibility 23
of any student to participate in an athletic activity or sport 24
designated as "boys" or "coed"; and 25
4. Neither the state board, any agency designated by the state board to 26
manage interscholastic athletics, any school district, nor any member 27
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school shall entertain a complaint, open an investigation, or take any 1
other adverse action against a school for mai ntaining separate 2
interscholastic or intramural athletic teams, activities, or sports for 3
students of the female sex. 4
(h) 1. The state board or any agency designated by the state board to manage 5
interscholastic athletics shall promulgate administrative reg ulations that 6
permit a school district to employ or assign nonteaching or noncertified 7
personnel or personnel without postsecondary education credit hours to 8
serve in a coaching position. The administrative regulations shall give 9
preference to the hiring o r assignment of certified personnel in coaching 10
positions. 11
2. A person employed in a coaching position shall be a high school 12
graduate and at least twenty -one (21) years of age and shall submit to a 13
criminal background check in accordance with KRS 160.380. 14
3. The administrative regulations shall specify post -hire requirements for 15
persons employed in coaching positions. 16
4. The regulations shall permit a predetermined number of hours of 17
professional development training approved by the state board or its 18
designated agency to be used in lieu of postsecondary education credit 19
hour requirements. 20
5. A local school board may specify post -hire requirements for personnel 21
employed in coaching positions in addition to those specified in 22
subparagraph 3. of this paragraph. 23
(i) Unless permitted to be eligible for varsity athletics by any transfer rule, 24
policy, or administrative regulation promulgated by the state board or any 25
agency designated by the state board to manage interscholastic athletics, any 26
student who transfer s enrollment from a district of residence to a nonresident 27
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district under KRS 157.350(4)(b) after enrolling in grade nine (9) and 1
participating in a varsity sport shall be ineligible to participate in 2
interscholastic athletics for one (1) calendar year fro m the date of the transfer. 3
The state board or any agency designated by the state board to manage 4
interscholastic athletics may adopt rules, policies, and bylaws and promulgate 5
administrative regulations necessary to carry out this paragraph. 6
(j) No member school shall grant a student -athlete the right to use the member 7
school's property, or intellectual property, such as trademarks, school 8
uniforms, and copyrights, in the student's earning of compensation through 9
name, image, and likeness activities. No st udent-athlete shall use school 10
property or such intellectual property in earning compensation through name, 11
image, and likeness activities. The state board or any agency designated by 12
the state board to manage interscholastic athletics shall promulgate 13
administrative regulations to govern and enforce this paragraph. 14
(k) In maintaining oversight of any agency designated for the management of 15
interscholastic athletics, the state board shall adopt a system for the agency 16
to report allegations of misconduct aga inst an agency employee to the 17
commissioner of education or designee, excluding allegations and reports 18
included in the oversight and monitoring system established in Section 1 of 19
this Act. The commissioner of education shall quarterly provide the state 20
board with summaries of reports made under the system. The system shall 21
require the agency to timely report: 22
1. Allegation of misconduct against agency employees; 23
2. The outcomes of any investigations into allegations; and 24
3. Any contract the agency has ente red into with an employee or former 25
employee that contains a nondisclosure agreement. 26
(3) (a) The Kentucky Board of Education is hereby authorized to lease from the State 27
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Property and Buildings Commission or others, whether public or private, any 1
lands, b uildings, structures, installations, and facilities suitable for use in 2
establishing and furthering television and related facilities as an aid or 3
supplement to classroom instruction throughout the Commonwealth and for 4
incidental use in any other proper pu blic functions. The lease may be for any 5
initial term commencing with the date of the lease and ending with the next 6
ensuing June 30, which is the close of the then -current fiscal biennium of the 7
Commonwealth, with exclusive options in favor of the board t o renew the 8
same for successive ensuing bienniums, July 1 in each even year to June 30 in 9
the next ensuing even year; and the rentals may be fixed at the sums in each 10
biennium, if renewed, sufficient to enable the State Property and Buildings 11
Commission to pay therefrom the maturing principal of and interest on, and 12
provide reserves for, any revenue bonds which the State Property and 13
Buildings Commission may determine to be necessary and sufficient, in 14
agreement with the board, to provide the cost of acquir ing the television and 15
related facilities with appurtenances and costs as may be incident to the 16
issuance of the bonds. 17
(b) Each option of the Kentucky Board of Education to renew the lease for a 18
succeeding biennial term may be exercised at any time after the adjournment 19
of the session of the General Assembly at which appropriations shall have 20
been made for the operation of the state government for such succeeding 21
biennial term, by notifying the State Property and Buildings Commission in 22
writing, signed by the chief state school officer, and delivered to the secretary 23
of the Finance and Administration Cabinet as a member of the commission. 24
The option shall be deemed automatically exercised, and the lease 25
automatically renewed for the succeeding biennium, eff ective on the first day 26
thereof, unless a written notice of the board's election not to renew shall have 27
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been delivered in the office of the secretary of the Finance and Administration 1
Cabinet before the close of business on the last working day in April 2
immediately preceding the beginning of the succeeding biennium. 3
(c) The Kentucky Board of Education shall not itself operate leased television 4
facilities, or undertake the preparation of the educational presentations or 5
films to be transmitted thereby, but may enter into one (1) or more contracts 6
to provide therefor, with any public agency and instrumentality of the 7
Commonwealth having, or able to provide, a staff with proper technical 8
qualifications, upon which agency and instrumentality the board, through the 9
chief state school officer and the Department of Education, is represented in 10
such manner as to coordinate matters of curriculum with the curricula 11
prescribed for the public schools of the Commonwealth. Any contract for the 12
operation of the leased television or related facilities may permit limited and 13
special uses of the television or related facilities for other programs in the 14
public interest, subject to the reasonable terms and conditions as the board and 15
the operating agency and instrumentality may agree upon; but any contract 16
shall affirmatively forbid the use of the television or related facilities, at any 17
time or in any manner, in the dissemination of political propaganda or in 18
furtherance of the interest of any political party or candidate for public office, 19
or for commercial advertising. No lease between the b oard and the State 20
Property and Buildings Commission shall bind the board to pay rentals for 21
more than one (1) fiscal biennium at a time, subject to the aforesaid renewal 22
options. The board may receive and may apply to rental payments under any 23
lease and to the cost of providing for the operation of the television or related 24
facilities not only appropriations which may be made to it from state funds, 25
from time to time, but also contributions, gifts, matching funds, devises, and 26
bequests from any source, whe ther federal or state, and whether public or 27
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private, so long as the same are not conditioned upon any improper use of the 1
television or related facilities in a manner inconsistent with the provisions of 2
this subsection. 3
(4) The state board may, on the rec ommendation and with the advice of the chief state 4
school officer, prescribe, print, publish, and distribute at public expense such 5
administrative regulations, courses of study, curriculums, bulletins, programs, 6
outlines, reports, and placards as each deem s necessary for the efficient 7
management, control, and operation of the schools and programs under its 8
jurisdiction. All administrative regulations published or distributed by the board 9
shall be enclosed in a booklet or binder on which the words "informati onal copy" 10
shall be clearly stamped or printed. 11
(5) Upon the recommendation of the chief state school officer or his or her designee, 12
the state board shall establish policy or act on all matters relating to programs, 13
services, publications, capital constru ction and facility renovation, equipment, 14
litigation, contracts, budgets, and all other matters which are the administrative 15
responsibility of the Department of Education. 16
(6) On or after June 27, 2025, the state board shall not impose any new reporting 17
requirement upon public schools or public school districts that is not expressly 18
authorized by state statute or federal law. 19