Text of KY SB 114 (2020)

UNOFFICIAL COPY 20 RS BR 1388 Page 1 of 12 XXXX Jacketed AN ACT relating to 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 rules, 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 sports 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 control 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 20 RS BR 1388 Page 2 of 12 XXXX 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 representatives 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 designated by the state board to manage 9 interscholastic athletics shall not promulgate rules, administrative regulations, 10 or bylaws 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 and football, or from participating on more than one (1) school-sponsored 13 team at the same time in the same sport. The Kentucky Board of Education, or 14 an agency designated by the board to manage interscholastic athletics, may 15 promulgate administrative regulations restricting, limiting, or prohibiting 16 participation in high school varsity soccer and football for students who have 17 not successfully completed the eighth grade. 18 (d) 1. The state board or any agency designated by the state board to manage 19 interscholastic athletics shall allow a member school's team or students 20 to play against students of a non-member at-home private school, or a 21 team of students from non-member at-home private schools, if the non- 22 member at-home private schools and students comply with this 23 subsection. 24 2. A non-member at-home private school's team and students shall comply 25 with the rules for student athletes, including rules concerning: 26 a. Age; 27 UNOFFICIAL COPY 20 RS BR 1388 Page 3 of 12 XXXX Jacketed b. School semesters; 1 c. Scholarships; 2 d. Physical exams; 3 e. Foreign student eligibility; and 4 f. Amateurs. 5 3. A coach of a non-member at-home private school's team shall comply 6 with the rules concerning certification of member school coaches as 7 required by the state board or any agency designated by the state board 8 to manage interscholastic athletics. 9 4. This subsection shall not allow a non-member at-home private school's 10 team to participate in a sanctioned: 11 a. Conference; 12 b. Conference tournament; 13 c. District tournament; 14 d. Regional tournament; or 15 e. State tournament or event. 16 5. This subsection does not allow eligibility for a recognition, award, or 17 championship sponsored by the state board or any agency designated by 18 the state board to manage interscholastic athletics. 19 6. A non-member at-home private school's team or students may 20 participate in interscholastic athletics permitted, offered, or sponsored by 21 the state board or any agency designated by the state board to manage 22 interscholastic athletics. 23 (e) Every local board of education shall require an annual medical examination 24 performed and signed by a physician, physician assistant, advanced practice 25 registered nurse, or chiropractor, if performed within the professional's scope 26 of practice, for each student seeking eligibility to participate in any school 27 UNOFFICIAL COPY 20 RS BR 1388 Page 4 of 12 XXXX Jacketed athletic activity or sport. The Kentucky Board of Education or any 1 organization or agency designated by the state board to manage interscholastic 2 athletics shall not promulgate administrative regulations or adopt any policies 3 or bylaws that are contrary to the provisions of this paragraph. 4 (f) Any student who turns nineteen (19) years of age prior to August 1 shall not 5 be eligible for high school athletics in Kentucky. Any student who turns 6 nineteen (19) years of age on or after August 1 shall remain eligible for that 7 school year only. An exception to the provisions of this paragraph shall be 8 made, and the student shall be eligible for high school athletics in Kentucky if 9 the student: 10 1. Qualified for exceptional children services and had an individual 11 education program developed by an admissions and release committee 12 (ARC) while the student was enrolled in the primary school program; 13 2. Was retained in the primary school program because of an ARC 14 committee recommendation; and 15 3. Has not completed four (4) consecutive years or eight (8) consecutive 16 semesters of eligibility following initial promotion from grade eight (8) 17 to grade nine (9). 18 (g) The state board or any agency designated by the state board to manage 19 interscholastic athletics shall promulgate administrative regulations or 20 bylaws that provide that: 21 1. A member school shall designate all athletic teams, activities, and 22 sports as one (1) of the following categories on the basis of the 23 biological sex of students eligible to participate: 24 a. "Boys" and "coed"; or 25 b. "Girls"; 26 2. An athletic activity or sport designated as "girls" shall not be open to 27 UNOFFICIAL COPY 20 RS BR 1388 Page 5 of 12 XXXX Jacketed male students; 1 3. During an athletic activity or sporting event, including practices, 2 access to athletic facilities designated for the exclusive use of a single 3 sex, such as a locker room, shall be restricted to: 4 a. Members of the designated sex; 5 b. Coaches and school personnel as permitted by school policy; and 6 c. Emergency responders and health professionals acting within 7 the course and scope of their duties or practice; 8 4. The sex of a student for the purpose of determining eligibility to 9 participate in an athletic activity or sport or to use an athletic facility 10 designated for the exclusive use of a single sex shall be determined by: 11 a. A student's biological sex as indicated on the student's original, 12 unedited birth certificate issued at the time of birth; or 13 b. If the biological sex on a student's official birth certificate has 14 been edited since originally issued or the biological sex of the 15 student is subject to an official challenge, a medical examination 16 performed and signed by a physician, physician assistant, or 17 advanced practice registered nurse, if performed within the 18 professional's scope of practice, establishing a student's sex 19 based solely upon: 20 i. The student's internal and external reproductive anatomy; 21 ii. The student's normal endogenously produced levels of 22 testosterone; and 23 iii. An analysis of the student's genetic makeup; and 24 5. Neither the state board, nor any agency designated by the state board 25 to manage interscholastic athletics, nor school district, nor any 26 member school shall entertain a complaint, open an investigation, or 27 UNOFFICIAL COPY 20 RS BR 1388 Page 6 of 12 XXXX Jacketed take any other adverse action against a school for maintaining 1 separate interscholastic or intramural athletic teams, activities, or 2 sports for students of the female sex. 3 (h) 1. The state board or any agency designated by the state board to manage 4 interscholastic athletics shall promulgate administrative regulations that 5 permit a school district to employ or assign nonteaching or noncertified 6 personnel or personnel without postsecondary education credit hours to 7 serve in a coaching position. The administrative regulations shall give 8 preference to the hiring or assignment of certified personnel in coaching 9 positions. 10 2. A person employed in a coaching position shall be a high school 11 graduate and at least twenty-one (21) years of age and shall submit to a 12 criminal background check in accordance with KRS 160.380. 13 3. The administrative regulations shall specify post-hire requirements for 14 persons employed in coaching positions. 15 4. The regulations shall permit a predetermined number of hours of 16 professional development training approved by the state board or its 17 designated agency to be used in lieu of postsecondary education credit 18 hour requirements. 19 5. A local school board may specify post-hire requirements for personnel 20 employed in coaching positions in addition to those specified in 21 subparagraph 3. of this paragraph. 22 (3) (a) The Kentucky Board of Education is hereby authorized to lease from the State 23 Property and Buildings Commission, or others, whether public or private, any 24 lands, buildings, structures, installations, and facilities suitable for use in 25 establishing and furthering television and related facilities as an aid or 26 supplement to classroom instruction, throughout the Commonwealth, and for 27 UNOFFICIAL COPY 20 RS BR 1388 Page 7 of 12 XXXX Jacketed incidental use in any other proper public functions. The lease may be for any 1 initial term commencing with the date of the lease and ending with the next 2 ensuing June 30, which is the close of the then-current fiscal biennium of the 3 Commonwealth, with exclusive options in favor of the board to renew the 4 same for successive ensuing bienniums, July 1 in each even year to June 30 in 5 the next ensuing even year; and the rentals may be fixed at the sums in each 6 biennium, if renewed, sufficient to enable the State Property and Buildings 7 Commission to pay therefrom the maturing principal of and interest on, and 8 provide reserves for, any revenue bonds which the State Property and 9 Buildings Commission may determine to be necessary and sufficient, in 10 agreement with the board, to provide the cost of acquiring the television and 11 related facilities, with appurtenances, and costs as may be incident to the 12 issuance of the bonds. 13 (b) Each option of the Kentucky Board of Education to renew the lease for a 14 succeeding biennial term may be exercised at any time after the adjournment 15 of the session of the General Assembly at which appropriations shall have 16 been made for the operation of the state government for such succeeding 17 biennial term, by notifying the State Property and Buildings Commission in 18 writing, signed by the chief state school officer, and delivered to the secretary 19 of the Finance and Administration Cabinet as a member of the commission. 20 The option shall be deemed automatically exercised, and the lease 21 automatically renewed for the succeeding biennium, effective on the first day 22 thereof, unless a written notice of the board's election not to renew shall have 23 been delivered in the office of the secretary of the Finance and Administration 24 Cabinet before the close of business on the last working day in April 25 immediately preceding the beginning of the succeeding biennium. 26 (c) The Kentucky Board of Education shall not itself operate leased television 27 UNOFFICIAL COPY 20 RS BR 1388 Page 8 of 12 XXXX Jacketed facilities, or undertake the preparation of the educational presentations or 1 films to be transmitted thereby, but may enter into one (1) or more contracts to 2 provide therefor, with any public agency and instrumentality of the 3 Commonwealth having, or able to provide, a staff with proper technical 4 qualifications, upon which agency and instrumentality the board, through the 5 chief state school officer and the Department of Education, is represented in 6 such manner as to coordinate matters of curriculum with the curricula 7 prescribed for the public schools of the Commonwealth. Any contract for the 8 operation of the leased television or related facilities may permit limited and 9 special uses of the television or related facilities for other programs in the 10 public interest, subject to the reasonable terms and conditions as the board and 11 the operating agency and instrumentality may agree upon; but any contract 12 shall affirmatively forbid the use of the television or related facilities, at any 13 time or in any manner, in the dissemination of political propaganda or in 14 furtherance of the interest of any political party or candidate for public office, 15 or for commercial advertising. No lease between the board and the State 16 Property and Buildings Commission shall bind the board to pay rentals for 17 more than one (1) fiscal biennium at a time, subject to the aforesaid renewal 18 options. The board may receive and may apply to rental payments under any 19 lease and to the cost of providing for the operation of the television or related 20 facilities not only appropriations which may be made to it from state funds, 21 from time to time, but also contributions, gifts, matching funds, devises, and 22 bequests from any source, whether federal or state, and whether public or 23 private, so long as the same are not conditioned upon any improper use of the 24 television or related facilities in a manner inconsistent with the provisions of 25 this subsection. 26 (4) The state board may, on the recommendation and with the advice of the chief state 27 UNOFFICIAL COPY 20 RS BR 1388 Page 9 of 12 XXXX Jacketed school officer, prescribe, print, publish, and distribute at public expense such 1 administrative regulations, courses of study, curriculums, bulletins, programs, 2 outlines, reports, and placards as each deems necessary for the efficient 3 management, control, and operation of the schools and programs under its 4 jurisdiction. All administrative regulations published or distributed by the board 5 shall be enclosed in a booklet or binder on which the words "informational copy" 6 shall be clearly stamped or printed. 7 (5) Upon the recommendation of the chief state school officer or his designee, the state 8 board shall establish policy or act on all matters relating to programs, services, 9 publications, capital construction and facility renovation, equipment, litigation, 10 contracts, budgets, and all other matters which are the administrative responsibility 11 of the Department of Education. 12 SECTION 2. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 13 READ AS FOLLOWS: 14 (1) (a) Any student: 15 1. Who is deprived of an athletic opportunity or suffers any direct or 16 indirect harm; or 17 2. Who is subject to retaliation or other adverse action by a school, the 18 state board, or agency designated by the state board to manage 19 interscholastic athletics; 20 as a result of a violation of an administrative regulation or bylaw 21 promulgated in accordance with subsection (2)(g) of Section 1 of this Act 22 shall have a private cause of action for injunctive relief, monetary damages, 23 and any other relief available under law against the school in violation; 24 and 25 (b) Any student whose privacy is violated as a direct result of an action, policy, 26 or standard practice of a school that violates an administrative regulation or 27 UNOFFICIAL COPY 20 RS BR 1388 Page 10 of 12 XXXX Jacketed bylaw promulgated in accordance with subsection (2)(g)3. of Section 1 of 1 this Act shall have a private cause of action for injunctive relief, monetary 2 damages, and any other relief available under law against the school in 3 violation. 4 (2) A civil action under this section must be initiated within two (2) years after the 5 date the harm occurred. 6 (3) For the purposes of this section, monetary damages shall include any 7 psychological, emotional, and physical harm suffered, reasonable attorney's fees 8 and costs, and any other appropriate relief. 9 SECTION 3. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 10 READ AS FOLLOWS: 11 (1) (a) A public postsecondary education institution or private postsecondary 12 education institution that is a member of a national intercollegiate athletic 13 association shall designate all intercollegiate and intramural athletic teams, 14 activities, sports, and events that are sponsored or authorized by the 15 institution as one (1) of the following categories based on biological sex of 16 students eligible to participate: 17 1. "Mens" and "coed"; or 18 2. "Womens." 19 (b) A public postsecondary education institution or private postsecondary 20 education institution that is a member of a national intercollegiate athletic 21 association shall prohibit a male student from competing in any 22 intercollegiate or intramural athletic team, activity, sport, or event 23 designated as "womens." 24 (c) Access to athletic facilities designated for the exclusive use of a single sex, 25 such as a locker room, at a public postsecondary education institution or 26 private postsecondary education institution that is a member of a national 27 UNOFFICIAL COPY 20 RS BR 1388 Page 11 of 12 XXXX Jacketed intercollegiate athletic association shall be restricted to: 1 1. Members of the designated sex; 2 2. Coaches, athletic trainers, and other team personnel as permitted by 3 school policy; and 4 3. Emergency responders and health professionals acting within the 5 course and scope of their duties or practice. 6 (2) The sex of a student for the purpose of determining eligibility to participate in an 7 athletic activity, sport, or event at a public postsecondary education institution or 8 to use an athletic facility designated for the exclusive use of a single sex at a 9 public postsecondary education institution or private postsecondary education 10 institution that is a member of a national intercollegiate athletic association shall 11 be determined by: 12 (a) A student's biological sex as indicated on the student's original, unedited 13 birth certificate issued at the time of birth; or 14 (b) If the biological sex listed on the student’s birth certificate has been edited, 15 or if the biological sex of a student is subject to an official challenge, a 16 medical examination performed and signed by a physician, physician 17 assistant, or advanced practice registered nurse, if performed within the 18 professional's scope of practice, establishing a student’s sex based solely 19 upon: 20 1. The student’s internal and external reproductive anatomy; 21 2. The student’s normal endogenously produced levels of testosterone; 22 and 23 3. An analysis of the student’s genetic makeup. 24 (3) A government entity, licensing or accrediting organization, or athletic association 25 or organization shall not entertain a complaint, open an investigation, or take 26 any other adverse action against a postsecondary education institution for 27 UNOFFICIAL COPY 20 RS BR 1388 Page 12 of 12 XXXX Jacketed maintaining a separate interscholastic or intramural athletic team, activity, sport, 1 or event for members of the female sex. 2 (4) Any student who is deprived of an athletic opportunity or suffers any direct or 3 indirect harm as a result of a violation of subsection (1) of this section shall have 4 a private cause of action for injunctive relief, damages, and any other relief 5 available under law against the postsecondary institution in violation. 6 (5) Any student who is subject to retaliation or other adverse action by a 7 postsecondary institution as a result of reporting a violation of subsection (1) of 8 this section shall have a private cause of action for injunctive relief, damages, 9 and any other relief available under law against the postsecondary education 10 institution in violation. 11 (6) Any student whose bodily privacy is violated as a direct result of an action, policy, 12 or standard practice of a postsecondary education institution that violates 13 subsection (1)(c) of this section shall have a private cause of action for injunctive 14 relief, damages, and any other relief available under law against the 15 postsecondary education institution in violation. 16 (7) A civil action under this section must be initiated within two (2) years after the 17 harm occurred. 18 (8) For the purposes of this section, monetary damages shall include any 19 psychological, emotional, and physical harm suffered, reasonable attorney's fees 20 and costs, and any other appropriate relief. 21 Section 4. This Act may be cited as the "Save Women’s Sports Act." 22