House Bill 290, home school "teams" and KHSAA teams

House Bill 290, the "Freedom to Play" bill, has passed out of committee and will be voted on, and looks like will pass. The bill allows TEAMS made up of home schooled individuals to compete against KHSAA affiliated teams, should any KHSAA teams want to schedule them. There are a handful of these teams located throughout the state. The bill also allows home schooled kids to compete against KHSAA schools in individual sports as well, such as cross country, tennis, etc. The bill as written was unfortunately (in my opinion) changed in committee, greatly limiting it's original intent. As written, the bill allowed for non-KHSAA private schools (think Danville Christian, Frankfort Christian Academy, etc.) the ability to compete against KHSAA affiliated schools. Julluian Tackett and the KHSAA quickly struck that out of it, claiming it would keep schools from joining the KHSAA. he probably has a point, but then, the KHSAA isn't necessarily a good fit for everyone, either. Even with that part taken out, I think this is still a good thing and gives small KHSAA schools the ability to schedule a few more teams more in line with there talent level.

 

HB290 [PDF] - AN ACT relating to interscholastic athletics.

Edited February 7, 2018 by Colonels_Wear_Blue
Added Link To Text Of SB290

We do not allow political discussion here on BluegrassPreps, but BigVMan23 was given permission to post this after sending a request to the Mods/Admins because of the bill's direct pertinence to high school sports in Kentucky.

 

If anyone wants to discuss politics in this thread, we are going to close it down and not allow anything like this in the future.

 

TL;DR - Discuss the bill/law, and not the politics going into the bill/law.

Hard to separate the two. I support quality home schooling. I have no problems with home school kids being allowed to play. The KHSAA does not govern their current rules very well, I don't see how they will effectively govern this.

 

My fear is home schooling kids will evolve into a method to transfer kids or a method to avoid academic eligibility.

One more comment about politics and we are done.

So I'm reading this to mean a "home school" team would be allowed to play games against KHSAA schools but they wouldn't be eligible for postseason tournaments or be placed in districts, regions, etc.?

 

If so, then I don't really have a problem with the law. I'm not sure I'd be in favor of home schools playing in the existing postseason.

Its amazing what a lawsuit by the right person will do.

I think it's smart. We're talking HS sports for goodness sakes. Kids should be allowed to play, period.

Opens up an insurance Pandoras box.

Opens up an insurance Pandoras box.

 

I would think any non-KHSAA sanctioned schools/entities would have to pay for and provide their own additional insurance. That should be a part of all this. In other words, it should be inclusive.

So I'm reading this to mean a "home school" team would be allowed to play games against KHSAA schools but they wouldn't be eligible for postseason tournaments or be placed in districts, regions, etc.?

 

If so, then I don't really have a problem with the law. I'm not sure I'd be in favor of home schools playing in the existing postseason.

 

Correct.

 

UNOFFICIAL COPY 18 RS BR 899

Page 1 of 8

 

1 AN ACT relating to interscholastic athletics.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3 Section 1. KRS 156.070 is amended to read as follows:

4 (1) The Kentucky Board of Education shall have the management and control of the

5 common schools and all programs operated in these schools, including

6 interscholastic athletics, the Kentucky School for the Deaf, the Kentucky School for

7 the Blind, and community education programs and services.

8 (2) The Kentucky Board of Education may designate an organization or agency to

9 manage interscholastic athletics in the common schools, provided that the rules,

10 regulations, and bylaws of any organization or agency so designated shall be

11 approved by the board, and provided further that any administrative hearing

12 conducted by the designated managing organization or agency shall be conducted in

13 accordance with KRS Chapter 13B.

14 (a) The state board or its designated agency shall assure through promulgation of

15 administrative regulations that if a secondary school sponsors or intends to

16 sponsor an athletic activity or sport that is similar to a sport for which

17 National Collegiate Athletic Association members offer an athletic

18 scholarship, the school shall sponsor the athletic activity or sport for which a

19 scholarship is offered. The administrative regulations shall specify which

20 athletic activities are similar to sports for which National Collegiate Athletic

21 Association members offer scholarships.

22 (b) Beginning with the 2003-2004 school year, the state board shall require any

23 agency or organization designated by the state board to manage interscholastic

24 athletics to adopt bylaws that establish as members of the agency's or

25 organization's board of control one (1) representative of nonpublic member

26 schools who is elected by the nonpublic school members of the agency or

27 organization from regions one (1) through eight (8) and one (1) representative

 

 

UNOFFICIAL COPY 18 RS BR 899

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1 of nonpublic member schools who is elected by the nonpublic member

2 schools of the agency or organization from regions nine (9) through sixteen

3 (16). The nonpublic school representatives on the board of control shall not be

4 from classification A1 or D1 schools. Following initial election of these

5 nonpublic school representatives to the agency's or organization's board of

6 control, terms of the nonpublic school representatives shall be staggered so

7 that only one (1) nonpublic school member is elected in each even-numbered

8 year.

9 © The state board or any agency designated by the state board to manage

10 interscholastic athletics shall not promulgate rules, administrative regulations,

11 or bylaws that prohibit pupils in grades seven (7) to eight (8) from

12 participating in any high school sports except for high school varsity soccer

13 and football, or from participating on more than one (1) school-sponsored

14 team at the same time in the same sport. The Kentucky Board of Education, or

15 an agency designated by the board to manage interscholastic athletics, may

16 promulgate administrative regulations restricting, limiting, or prohibiting

17 participation in high school varsity soccer and football for students who have

18 not successfully completed the eighth 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

21 students to play against students of a non-member, at-home private

22 school, or a team of students from non-member, at-home private

23 schools, if the non-member, at-home private schools and students

24 comply with this subsection.

25 2. A non-member, at-home private school's team and students shall

26 comply with the rules for student athletes, including rules concerning:

27 a. Age;

 

 

UNOFFICIAL COPY 18 RS BR 899

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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 non-member, at-home private school's team shall comply

7 with the rules concerning certification of non-member school coaches.

8 4. This subsection shall not allow a non-member, at-home private

9 school's team to participate in a sanctioned:

10 a. Conference;

11 b. Conference tournament;

12 c. District tournament;

13 d. Regional tournament; or

14 e. State tournament or event.

15 5. This subsection does not allow eligibility for a recognition, award, or

16 championship sponsored by the state board or an agency designated

17 by the state board to manage interscholastic athletics.

18 6. A non-member, at-home private school's team or students may

19 participate in the following sports:

20 a. Archery;

21 b. Basketball;

22 c. Baseball;

23 d. Cross country;

24 e. Golf;

25 f. Softball;

26 g. Soccer;

27 h. Track and field; and

 

 

UNOFFICIAL COPY 18 RS BR 899

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1 i. Volleyball.

2 (e) Every local board of education shall require an annual medical examination

3 performed and signed by a physician, physician assistant, advanced practice

4 registered nurse, or chiropractor, if performed within the professional's scope

5 of practice, for each student seeking eligibility to participate in any school

6 athletic activity or sport. The Kentucky Board of Education or any

7 organization or agency designated by the state board to manage interscholastic

8 athletics shall not promulgate administrative regulations or adopt any policies

9 or bylaws that are contrary to the provisions of this paragraph.

10 (f)[(e)] Any student who turns nineteen (19) years of age prior to August 1 shall

11 not be eligible for high school athletics in Kentucky. Any student who turns

12 nineteen (19) years of age on or after August 1 shall remain eligible for that

13 school year only. An exception to the provisions of this paragraph shall be

14 made, and the student shall be eligible for high school athletics in Kentucky if

15 the student:

16 1. Qualified for exceptional children services and had an individual

17 education program developed by an admissions and release committee

18 (ARC) while the student was enrolled in the primary school program;

19 2. Was retained in the primary school program because of an ARC

20 committee recommendation; and

21 3. Has not completed four (4) consecutive years or eight (8) consecutive

22 semesters of eligibility following initial promotion from grade eight (8)

23 to grade nine (9).

24 (g)[(f)] 1. The state board or any agency designated by the state board to

25 manage interscholastic athletics shall promulgate administrative

26 regulations that permit a school district to employ or assign nonteaching

27 or noncertified personnel or personnel without postsecondary education

 

 

UNOFFICIAL COPY 18 RS BR 899

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1 credit hours to serve in a coaching position. The administrative

2 regulations shall give preference to the hiring or assignment of certified

3 personnel in coaching positions.

4 2. A person employed in a coaching position shall be a high school

5 graduate and at least twenty-one (21) years of age and shall submit to a

6 criminal background check in accordance with KRS 160.380.

7 3. The administrative regulations shall specify post-hire requirements for

8 persons employed in coaching positions.

9 4. The regulations shall permit a predetermined number of hours of

10 professional development training approved by the state board or its

11 designated agency to be used in lieu of postsecondary education credit

12 hour requirements.

13 5. A local school board may specify post-hire requirements for personnel

14 employed in coaching positions in addition to those specified in

15 subparagraph 3. of this paragraph.

16 (3) (a) The Kentucky Board of Education is hereby authorized to lease from the State

17 Property and Buildings Commission, or others, whether public or private, any

18 lands, buildings, structures, installations, and facilities suitable for use in

19 establishing and furthering television and related facilities as an aid or

20 supplement to classroom instruction, throughout the Commonwealth, and for

21 incidental use in any other proper public functions. The lease may be for any

22 initial term commencing with the date of the lease and ending with the next

23 ensuing June 30, which is the close of the then-current fiscal biennium of the

24 Commonwealth, with exclusive options in favor of the board to renew the

25 same for successive ensuing bienniums, July 1 in each even year to June 30 in

26 the next ensuing even year; and the rentals may be fixed at the sums in each

27 biennium, if renewed, sufficient to enable the State Property and Buildings

 

 

UNOFFICIAL COPY 18 RS BR 899

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1 Commission to pay therefrom the maturing principal of and interest on, and

2 provide reserves for, any revenue bonds which the State Property and

3 Buildings Commission may determine to be necessary and sufficient, in

4 agreement with the board, to provide the cost of acquiring the television and

5 related facilities, with appurtenances, and costs as may be incident to the

6 issuance of the bonds.

7 (b) Each option of the Kentucky Board of Education to renew the lease for a

8 succeeding biennial term may be exercised at any time after the adjournment

9 of the session of the General Assembly at which appropriations shall have

10 been made for the operation of the state government for such succeeding

11 biennial term, by notifying the State Property and Buildings Commission in

12 writing, signed by the chief state school officer, and delivered to the secretary

13 of the Finance and Administration Cabinet as a member of the commission.

14 The option shall be deemed automatically exercised, and the lease

15 automatically renewed for the succeeding biennium, effective on the first day

16 thereof, unless a written notice of the board's election not to renew shall have

17 been delivered in the office of the secretary of the Finance and Administration

18 Cabinet before the close of business on the last working day in April

19 immediately preceding the beginning of the succeeding biennium.

20 © The Kentucky Board of Education shall not itself operate leased television

21 facilities, or undertake the preparation of the educational presentations or

22 films to be transmitted thereby, but may enter into one (1) or more contracts to

23 provide therefor, with any public agency and instrumentality of the

24 Commonwealth having, or able to provide, a staff with proper technical

25 qualifications, upon which agency and instrumentality the board, through the

26 chief state school officer and the Department of Education, is represented in

27 such manner as to coordinate matters of curriculum with the curricula

 

 

UNOFFICIAL COPY 18 RS BR 899

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1 prescribed for the public schools of the Commonwealth. Any contract for the

2 operation of the leased television or related facilities may permit limited and

3 special uses of the television or related facilities for other programs in the

4 public interest, subject to the reasonable terms and conditions as the board and

5 the operating agency and instrumentality may agree upon; but any contract

6 shall affirmatively forbid the use of the television or related facilities, at any

7 time or in any manner, in the dissemination of political propaganda or in

8 furtherance of the interest of any political party or candidate for public office,

9 or for commercial advertising. No lease between the board and the State

10 Property and Buildings Commission shall bind the board to pay rentals for

11 more than one (1) fiscal biennium at a time, subject to the aforesaid renewal

12 options. The board may receive and may apply to rental payments under any

13 lease and to the cost of providing for the operation of the television or related

14 facilities not only appropriations which may be made to it from state funds,

15 from time to time, but also contributions, gifts, matching funds, devises, and

16 bequests from any source, whether federal or state, and whether public or

17 private, so long as the same are not conditioned upon any improper use of the

18 television or related facilities in a manner inconsistent with the provisions of

19 this subsection.

20 (4) The state board may, on the recommendation and with the advice of the chief state

21 school officer, prescribe, print, publish, and distribute at public expense such

22 administrative regulations, courses of study, curriculums, bulletins, programs,

23 outlines, reports, and placards as each deems necessary for the efficient

24 management, control, and operation of the schools and programs under its

25 jurisdiction. All administrative regulations published or distributed by the board

26 shall be enclosed in a booklet or binder on which the words "informational copy"

27 shall be clearly stamped or printed.

 

 

UNOFFICIAL COPY 18 RS BR 899

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1 (5) Upon the recommendation of the chief state school officer or his designee, the state

2 board shall establish policy or act on all matters relating to programs, services,

3 publications, capital construction and facility renovation, equipment, litigation,

4 contracts, budgets, and all other matters which are the administrative responsibility

5 of the Department of Education.

Correct.

 

This subsection shall not allow a non-member, at-home private

school's team to participate in a sanctioned:

a. Conference;

b. Conference tournament;

c. District tournament;

d. Regional tournament; or

e. State tournament or event.

 

Thanks!

 

I would imagine the very smallest schools in areas where there aren't a lot of small schools (Danville Christian, Frankfort Christian, Burgin, KSD in my neck of the woods) would benefit from having a few more potential opponents. I doubt many of the biggest schools would see any changes.

Does this still prevent home-schooled kids from playing on KHSAA member school teams?

Does this still prevent home-schooled kids from playing on KHSAA member school teams?

 

 

Yes, that is not allowed.

Yes, that is not allowed.

 

Then upon further thought, it's pointless and doesn't really accomplish anything positive IMO.