156.070 General powers and duties of state board. - Kentucky Statutes

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156.070 General powers and duties of state board. (1) 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. (2) 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 the professional's scope
of practice, for each student seeking eligibility to participate in any high
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. (e) 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). (f) 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. (3) (a) 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 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. (b) 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. (c) 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
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. (4) 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. (5) 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: July 15, 2010
History: 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.