AN ACT relating to interscholastic athletics.

UNOFFICIAL COPY 26 RS BR 1844
Page 1 of 10
XXXX 2/25/2026 9:16 AM Jacketed
AN ACT relating to interscholastic athletics. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 156.070 is amended to read as follows: 3
(1) The Kentucky Board of Education shall have the management and control of the 4
common schools and all programs operated in these schools, including 5
interscholastic athletics, the Kentucky School for the Deaf, the Kentucky School for 6
the Blind, and community education programs and services. 7
(2) The Kentucky Board of Education may designate an organization or agency to 8
manage interscholastic athletics in the common schools, provided that the ru les, 9
regulations, and bylaws of any organization or agency so designated shall be 10
approved by the board, and provided further that any administrative hearing 11
conducted by the designated managing organization or agency shall be conducted in 12
accordance with KRS Chapter 13B. 13
(a) The state board or its designated agency shall assure through promulgation of 14
administrative regulations that if a secondary school sponsors or intends to 15
sponsor an athletic activity or sport that is similar to a sport for which 16
National Collegiate Athletic Association members offer an athletic 17
scholarship, the school shall sponsor the athletic activity or sport for which a 18
scholarship is offered. The administrative regulations shall specify which 19
athletic activities are similar to spo rts for which National Collegiate Athletic 20
Association members offer scholarships. 21
(b) Beginning with the 2003 -2004 school year, the state board shall require any 22
agency or organization designated by the state board to manage interscholastic 23
athletics to adopt bylaws that establish as members of the agency's or 24
organization's board of contro l one (1) representative of nonpublic member 25
schools who is elected by the nonpublic school members of the agency or 26
organization from regions one (1) through eight (8) and one (1) representative 27
UNOFFICIAL COPY 26 RS BR 1844
Page 2 of 10
XXXX 2/25/2026 9:16 AM Jacketed
of nonpublic member schools who is elected by the nonpublic member 1
schools of the agency or organization from regions nine (9) through sixteen 2
(16). The nonpublic school representatives on the board of control shall not be 3
from classification A1 or D1 schools. Following initial election of these 4
nonpublic school re presentatives to the agency's or organization's board of 5
control, terms of the nonpublic school representatives shall be staggered so 6
that only one (1) nonpublic school member is elected in each even -numbered 7
year. 8
(c) The state board or any agency designa ted by the state board to manage 9
interscholastic athletics shall not promulgate rules, administrative regulations, 10
or by laws that prohibit pupils in grades seven (7) to eight (8) from 11
participating in any high school sports except for high school varsity soccer, 12
football, and boys or coed lacrosse, or from participating on more than one (1) 13
school-sponsored team at the same time in the same sport. The Kentucky 14
Board of Education, or an agency designated by the board to manage 15
interscholastic athletics, may promulgate administrative regulations 16
restricting, limiting, or prohibiting participation in high school varsity soccer 17
and football for students who have not successfully completed the eighth 18
grade. 19
(d) 1. The state board or any agency designated by the state board to manage 20
interscholastic athletics shall allow a member school's team or students 21
to play against students of a nonmember at -home private school, or a 22
team of students from nonmember at -home private schools, if the 23
nonmember at -home private sc hools and students comply with this 24
subsection. 25
2. A nonmember at -home private school's team and students shall comply 26
with the rules for student-athletes, including rules concerning: 27
UNOFFICIAL COPY 26 RS BR 1844
Page 3 of 10
XXXX 2/25/2026 9:16 AM Jacketed
a. Age; 1
b. School semesters; 2
c. Scholarships; 3
d. Physical exams; 4
e. Foreign student eligibility; and 5
f. Amateurs. 6
3. A coach of a nonmember at -home private school's team shall comply 7
with the rules concerning certification of member school coaches as 8
required by the state board or any agency designated by the state board 9
to manage interscholastic athletics. 10
4. This subsection shall not allow a nonmember at -home private school's 11
team to participate in a sanctioned: 12
a. Conference; 13
b. Conference tournament; 14
c. District tournament; 15
d. Regional tournament; or 16
e. State tournament or event. 17
5. This subsection does not allow eligibility for a recognition, award, or 18
championship sponsored by the state board or any agency designated by 19
the state board to manage interscholastic athletics. 20
6. A nonmember at-home private school's team or students may participate 21
in interscholastic athletics permitted, offered, or sponsored by the state 22
board or any agency designated by the state board to manage 23
interscholastic athletics. 24
(e) 1. Every local board of education shall require an annual medical 25
examination performed and signed by a physician, physician assistant, 26
advanced practice registered nurse, or chiropractor, if performed within 27
UNOFFICIAL COPY 26 RS BR 1844
Page 4 of 10
XXXX 2/25/2026 9:16 AM Jacketed
the professional's scope of practice, for each student seeking eligibility 1
to participate in any school athletic activity or sport. 2
2. Any interscholastic athletics participation consent form that is adopted 3
by the Kentucky Board of Education or any organization or agency 4
designated by the state board to manage interscholastic athletics shall 5
include the following information: 6
a. A student -athlete may report instances of child dependency, 7
neglect, and abuse to any adult; 8
b. Any person who knows or has reasonable cause to believe that a 9
child is dependent, neglected, or abused shall report that 10
information pursuant to KRS 620.030; and 11
c. References to instructions on reporting child dependency, neglect, 12
and abuse, including KRS 620.030. 13
3. The Kentucky Board of Education or any organization or agency 14
designated by the state board to manage interscholastic athletics shall 15
include the following information in any training for administrators and 16
coaches under its jurisdiction: 17
a. The duty to report instances of child dependency, neglect, and 18
abuse;[ and] 19
b. Procedures for reporting child dependency, neglect, and abuse 20
under KRS 620.030; and 21
c. How to prevent suicide through the identification of risk factors 22
and warning signs along with other high -quality, evidence-based 23
information for the prevention of suicide. 24
4. The Kentucky Board of Education or any organization or agency 25
designated by the state board to manage interscholastic athletics shall 26
not promulgate administrative regulations or adopt any policies or 27
UNOFFICIAL COPY 26 RS BR 1844
Page 5 of 10
XXXX 2/25/2026 9:16 AM Jacketed
bylaws that are contrary to the provisions of this paragraph. 1
(f) Any student who turns nineteen (19) years of age prior to August 1 shall not 2
be eligible for high school athletics in Kentucky. Any student who turns 3
nineteen (19) years of age on or after August 1 shall remain eligible for that 4
school y ear only. An exception to the provisions of this paragraph shall be 5
made, and the student shall be eligible for high school athletics in Kentucky if 6
the student: 7
1. Qualified for exceptional children services and had an individual 8
education program develop ed by an admissions and release committee 9
(ARC) while the student was enrolled in the primary school program; 10
2. Was retained in the primary school program because of an ARC 11
committee recommendation; and 12
3. Has not completed four (4) consecutive years or e ight (8) consecutive 13
semesters of eligibility following initial promotion from grade eight (8) 14
to grade nine (9). 15
(g) The state board or any agency designated by the state board to manage 16
interscholastic athletics shall promulgate administrative regulation s or bylaws 17
that provide that: 18
1. A member school shall designate all athletic teams, activities, and sports 19
for students in grades six (6) through twelve (12) as one (1) of the 20
following categories: 21
a. "Boys"; 22
b. "Coed"; or 23
c. "Girls"; 24
2. The sex of a stu dent for the purpose of determining eligibility to 25
participate in an athletic activity or sport shall be determined by: 26
a. A student's biological sex as indicated on the student's original, 27
UNOFFICIAL COPY 26 RS BR 1844
Page 6 of 10
XXXX 2/25/2026 9:16 AM Jacketed
unedited birth certificate issued at the time of birth; or 1
b. An a ffidavit signed and sworn to by the physician, physician 2
assistant, advanced practice registered nurse, or chiropractor that 3
conducted the annual medical examination required by paragraph 4
(e) of this subsection under penalty of perjury establishing the 5
student's biological sex at the time of birth; 6
3. a. An athletic activity or sport designated as "girls" for students in 7
grades six (6) through twelve (12) shall not be open to members of 8
the male sex. 9
b. Nothing in this section shall be construed to restrict the eligibility 10
of any student to participate in an athletic activity or sport 11
designated as "boys" or "coed"; and 12
4. Neither the state board, any agency designated by the state board to 13
manage interscholastic athletics, any school district, nor any membe r 14
school shall entertain a complaint, open an investigation, or take any 15
other adverse action against a school for maintaining separate 16
interscholastic or intramural athletic teams, activities, or sports for 17
students of the female sex. 18
(h) 1. The state boa rd or any agency designated by the state board to manage 19
interscholastic athletics shall promulgate administrative regulations that 20
permit a school district to employ or assign nonteaching or noncertified 21
personnel or personnel without postsecondary educat ion credit hours to 22
serve in a coaching position. The administrative regulations shall give 23
preference to the hiring or assignment of certified personnel in coaching 24
positions. 25
2. A person employed in a coaching position shall be a high school 26
graduate and at least twenty-one (21) years of age and shall submit to a 27
UNOFFICIAL COPY 26 RS BR 1844
Page 7 of 10
XXXX 2/25/2026 9:16 AM Jacketed
criminal background check in accordance with KRS 160.380. 1
3. The administrative regulations shall specify post -hire requirements for 2
persons employed in coaching positions. 3
4. The regulations sha ll permit a predetermined number of hours of 4
professional development training approved by the state board or its 5
designated agency to be used in lieu of postsecondary education credit 6
hour requirements. 7
5. A local school board may specify post -hire requirements for personnel 8
employed in coaching positions in addition to those specified in 9
subparagraph 3. of this paragraph. 10
(i) Unless permitted to be eligible for varsity athletics by any transfer rule, 11
policy, or administrative regulation promulgated by the state board or any 12
agency designated by the state board to manage interscholastic athletics, any 13
student who transfers enrollment from a district of residence to a nonresident 14
district under KRS 157.350(4)(b) after enrolling in grade nine (9) and 15
participating in a varsity sport shall be ineligible to participate in 16
interscholastic athletics for one (1) calendar year from the date of the transfer. 17
The state board or any agency designated by the state board to manage 18
interscholastic athletics may adopt rule s, policies, and bylaws and promulgate 19
administrative regulations necessary to carry out this paragraph. 20
(j) No member school shall grant a student -athlete the right to use the member 21
school's property, or intellectual property, such as trademarks, school 22
uniforms, and copyrights, in the student's earning of compensation through 23
name, image, and likeness activities. No student -athlete shall use school 24
property or such intellectual property in earning compensation through name, 25
image, and likeness activities . The state board or any agency designated by 26
the state board to manage interscholastic athletics shall promulgate 27
UNOFFICIAL COPY 26 RS BR 1844
Page 8 of 10
XXXX 2/25/2026 9:16 AM Jacketed
administrative regulations to govern and enforce this paragraph. 1
(3) (a) The Kentucky Board of Education is hereby authorized to lease from the State 2
Property and Buildings Commission or others, whether public or private, any 3
lands, buildings, structures, installations, and facilities suitable for use in 4
establishing and furthering television and related facilities as an aid or 5
supplement to classroom instruction throughout the Commonwealth and for 6
incidental use in any other proper public functions. The lease may be for any 7
initial term commencing with the date of the lease and ending with the next 8
ensuing June 30, which is the close of the then -current fiscal biennium of the 9
Commonwealth, with exclusive options in favor of the board to renew the 10
same for successive ensuing bienniums, July 1 in each even year to June 30 in 11
the next ensuing even year; and t he rentals may be fixed at the sums in each 12
biennium, if renewed, sufficient to enable the State Property and Buildings 13
Commission to pay therefrom the maturing principal of and interest on, and 14
provide reserves for, any revenue bonds which the State Prope rty and 15
Buildings Commission may determine to be necessary and sufficient, in 16
agreement with the board, to provide the cost of acquiring the television and 17
related facilities with appurtenances and costs as may be incident to the 18
issuance of the bonds. 19
(b) Each option of the Kentucky Board of Education to renew the lease for a 20
succeeding biennial term may be exercised at any time after the adjournment 21
of the session of the General Assembly at which appropriations shall have 22
been made for the operation of th e state government for such succeeding 23
biennial term, by notifying the State Property and Buildings Commission in 24
writing, signed by the chief state school officer, and delivered to the secretary 25
of the Finance and Administration Cabinet as a member of the commission. 26
The option shall be deemed automatically exercised, and the lease 27
UNOFFICIAL COPY 26 RS BR 1844
Page 9 of 10
XXXX 2/25/2026 9:16 AM Jacketed
automatically renewed for the succeeding biennium, effective on the first day 1
thereof, unless a written notice of the board's election not to renew shall have 2
been delivered in the office of the secretary of the Finance and Administration 3
Cabinet before the close of business on the last working day in April 4
immediately preceding the beginning of the succeeding biennium. 5
(c) The Kentucky Board of Education shall not itself operate leased television 6
facilities, or undertake the preparation of the educational presentations or 7
films to be transmitted thereby, but may enter into one (1) or more contracts 8
to provide therefor, with any public agency and instrumentality of the 9
Commonwealth having, or able to provide, a staff with proper technical 10
qualifications, upon which agency and instrumentality the board, through the 11
chief state school officer and the Department of Education, is represented in 12
such manner as to coordinate matters of c urriculum with the curricula 13
prescribed for the public schools of the Commonwealth. Any contract for the 14
operation of the leased television or related facilities may permit limited and 15
special uses of the television or related facilities for other programs in the 16
public interest, subject to the reasonable terms and conditions as the board and 17
the operating agency and instrumentality may agree upon; but any contract 18
shall affirmatively forbid the use of the television or related facilities, at any 19
time or in any manner, in the dissemination of political propaganda or in 20
furtherance of the interest of any political party or candidate for public office, 21
or for commercial advertising. No lease between the board and the State 22
Property and Buildings Commission sha ll bind the board to pay rentals for 23
more than one (1) fiscal biennium at a time, subject to the aforesaid renewal 24
options. The board may receive and may apply to rental payments under any 25
lease and to the cost of providing for the operation of the televis ion or related 26
facilities not only appropriations which may be made to it from state funds, 27
UNOFFICIAL COPY 26 RS BR 1844
Page 10 of 10
XXXX 2/25/2026 9:16 AM Jacketed
from time to time, but also contributions, gifts, matching funds, devises, and 1
bequests from any source, whether federal or state, and whether public or 2
private, so long as the same are not conditioned upon any improper use of the 3
television or related facilities in a manner inconsistent with the provisions of 4
this subsection. 5
(4) The state board may, on the recommendation and with the advice of the chief state 6
school officer, prescribe, print, publish, and distribute at public expense such 7
administrative regulations, courses of study, curriculums, bulletins, programs, 8
outlines, reports, and placards as each deems necessary for the efficient 9
management, control, and o peration of the schools and programs under its 10
jurisdiction. All administrative regulations published or distributed by the board 11
shall be enclosed in a booklet or binder on which the words "informational copy" 12
shall be clearly stamped or printed. 13
(5) Upon the recommendation of the chief state school officer or his or her designee, 14
the state board shall establish policy or act on all matters relating to programs, 15
services, publications, capital construction and facility renovation, equipment, 16
litigation, co ntracts, budgets, and all other matters which are the administrative 17
responsibility of the Department of Education. 18
(6) On or after June 27, 2025, the state board shall not impose any new reporting 19
requirement upon public schools or public school districts that is not expressly 20
authorized by state statute or federal law. 21