Age Limitation Waiver- Kids can be 20 or older and still eligible

[Henry Steele]

The age restriction bylaw adopted by the KHSAA is already very generous in that anyone is eligible that does not turn 19 before August 1 of their senior year, but there is a waiver (see below) that allows them to play AT ANY AGE if the right things were done while they were enrolled in primary school. Does anyone know of this waiver provision ever being used to allow an athlete to play that did not otherwise meet the requirements? Has there ever been a challenge to a player meeting the age requirement that relied upon this waiver?

 

BYLAWS OF THE KENTUCKY HIGH SCHOOL ATHLETIC ASSOCIATION

BYLAW 2. AGE

Sec. 1) AGE RESTRICTION

a) Pursuant to KRS 156.070 (2) (e), a student who becomes

nineteen (19) years old before August 1 shall be ineligible for

interscholastic athletic competition.

b) A student who becomes nineteen (19) on or after August 1 shall

remain eligible for the entire school year. Sec. 2) WAIVER PROVISION

a) The Ruling Officer and the Commissioner may waive the provisions of this bylaw and the student shall be eligible for high school athletics in Kentucky if the written documentation is provided to clearly demonstrate that 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).

b) The Ruling Officer and the Commissioner shall not adopt administrative procedures that allow for waiver of this rule under any other condition.

Case BL-2-1- Why is there an age restriction?

To ensure equality of competition and opportunity, a standard must be established at some point to determine the cutoff date for age eligibility. Use of a specific cutoff date gives notice to all parties involved in interscholastic athletics and maintains equality of participant eligibility between schools.

An age limitation requirement:

(1) Provides commonality between student-athletes and schools

in interscholastic competition;

(2) Inhibits “redshirting” or failing to make normal progress

through school;

(3) Allows the participation of younger and less experienced

players;

(4) Enhances the opportunity for more students to participate; (5) Promotes quality of competition;

(6) Avoids over-emphasis on athletics; and

(7) Helps to diminish the inherent risk of injury association with

participation in athletics.

Case BL-2-2- Are rulings related to Bylaw 2 (Age) appealable through the KHSAA Due Process Procedure other than the published exception stipulated in KRS 156.070?

No. Bylaw 2 as approved by the Kentucky Board of Education expressly prohibits appeals concerning this bylaw. In addition, with the adoption of HB215 from the 1998 Legislative Session, the Kentucky General Assembly has placed this provision in KRS 156.070 in the form of state law with the only exception being the provisions passed by the 2007 Kentucky General Assembly.

Case BL-2-3- What is the primary school program as used in KRS 156.070 (2) (e) as amended by the 2007 Kentucky General Assembly?

KRS 158.031 defines “primary school program” as “that part of the elementary school program which children are enrolled from the time they begin school until they are ready to enter the fourth grade” (PK-3). Bylaw 2 applies this same definition

[hoops5]

I do not know of any cases where exceptions were made. But obviously there have been requests, thus the need for the waiver.

[doubledeuce]

Isn't the age rule actually a state law on top of KHSAA rules?

[Henry Steele]

But I don't think it would not be of public record anyway, or am I wrong on that?

[HoopDreamsCoachQ]

This provision says that any student who is identified as a special education student AND is held back by an ARC committee in primary school can be eligible.

 

I don't think you'll see many parents getting their kids identified and held back so that they can play sports as a 20 year old senior.

 

Just my opinion.

[hoops5]

This provision says that any student who is identified as a special education student AND is held back by an ARC committee in primary school can be eligible.

 

I don't think you'll see many parents getting their kids identified and held back so that they can play sports as a 20 year old senior.

 

Just my opinion.

Agree. A lot of hoops to jump through just so you can play high school ball at age 20. (Pun intended.)

[Lawnboy13]

This provision says that any student who is identified as a special education student AND is held back by an ARC committee in primary school can be eligible.

 

I don't think you'll see many parents getting their kids identified and held back so that they can play sports as a 20 year old senior.

 

Just my opinion.

 

Have you seen some of the crazy things SOME parents do, in regards to sports, for their kids.......I can see a handful trying this route.

[wheelhouse]

Have you seen some of the crazy things SOME parents do, in regards to sports, for their kids.......I can see a handful trying this route.

As the parent of a specially-abled kid I can't think of anything lower than gaming the system this particular way. But, sadly, you're probably right -- given some of the things we've all seen, someone somewhere may consider giving it a shot. [sigh]

[Johnny_Utah]

The key points here are #1 & #2 of the waiver provisions. Student has had to be place by an ARC & retained in the primary grades in order to be able to play @ that age. Most parents are not thinking about high school athletic eligibility beyond the age of 19 during K-5 schooling.

 

Also, the retaining by an ARC "and not the parent" is very important. If the parent retained the student for whatever reason & the ARC stated that the student was ok to go to the next grade, then all of this is now out the window.

[Henry Steele]

I was really just curious to know if this waiver had ever been used. In the day and age we live in, when 19 year old seniors are the new norm, I just wondered if anyone had ever going down this path.

[Johnny_Utah]

I was really just curious to know if this waiver had ever been used. In the day and age we live in, when 19 year old seniors are the new norm, I just wondered if anyone had ever going down this path.

@Henry Steele I didn't see it used in my time as an AD. We did have students that turned 19 after day 1 & they were ruled ineligible & didn't attempt to fight it.

[HoopJunkie]

All of Eastern Kentucky mountain parents see this topic and their faces light up.