Kentucky High School Athletic Association

1. WEDNESDAY, July 11, 2019 Kentucky High SchoolAthletic Association

2. Origins • Founded as a non-profit more than 100 years ago. • Classified by IRS as 501(c)3 since the 1950s • Independently audited by CPA firm specializing in non-profits each year, including Management Correspondence and appropriate IRS 990 • KHSAA Constitution spells out formation, composition and duties of Board of Control, and dissolution parameters • Member of NFHS for collaboration but independent from mandates

3. Today • 57,639 boys and 48,575 girls on rosters in 17-18 • 54 championships • 13 sports and 6 sport-activities • 12,000 coaches • 4,000 officials • 281 schools • Best drop-out prevention program

4. Transition in 1970s • Federal Court Order Entered in 1971, E. Deedom Alston v. Kentucky High School Athletic Association, United States District Court, Eastern District of Kentucky, Lexington Division • Order specifies Board of Control composition as well as requirements related to officiating • Federal Court Order stands today.

5. Transition in 1970s • Retirement of Ted Sanford as long-time first Commissioner in 1972, followed by long-time assistant Joe Billy Mansfield in 1975 • Mansfield replaced by Frankfort Superintendent L. Tom Mills, who served from 1975 to 1991

6. Continued Transition • KRS 156.070 amended to allow formal KBE designation of outside entity to manage athletics • 702 KAR 7:065 revised to reflect statutory change • Positions in KHSAA office requiring college degree placed under KTRS (KRS 161.220 (4) (f), late 1970s

7. Continued Transition in 1980s • Positions in KHSAA not requiring or holding college degree placed under KERS by Executive Order of Gov. Martha Layne Collins, October, 1984 • KHSAA is considered “quasi” in current discussions

8. Authority • KRS 156.070 (2) requires the Kentucky Board of Education (KBE) to manage and control the common schools, including interscholastic athletics in the schools, and authorizes the KBE to designate an agency to manage athletics. • The KHSAA is the designated agency of the Kentucky Board of Education as per Kentucky Administrative Regulation 702 KAR 7:065. • This administrative regulation annually designates an agent for high school athletics; establishes the financial planning and review processes for the agent; and incorporates by reference the bylaws, procedures and rules of the agent.

9. KHSAA Organizational Structure

10. Recent Collaborative Changes • Until mid 1990s, KHSAA Board determined student eligibility after initial review by Commissioner • Composition of Board led to allegations and innuendo regarding decisions as well as inconsistent rulings • In 1996, KHSAA appeals made are to be conducted under KRS 13B, using Independent Hearing Officer due to legislative action (administrative hearings)

11. Recent Collaborative Changes • Worked collaboratively with authors of legislation on transition from slow pitch to fast pitch softball, and on expanding pool of coaches by allowing non-teaching coaches in all sports • 2009, staff partnered with legislature to help author HB383 (KRS160.445), requiring safety training for coaches and facility specific emergency action plans

12. Recent Collaborative Changes • Revised Due Process to Streamline and expedite, 2009-2010 • Old Procedure had Commissioner on initial ruling, then Board on final ruling after independent administrative hearing. Lengthy delays, etc. • Revised Procedure has staff serve as initial ruling officer, Final ruling via Commissioner following independent administrative hearing. Less time, but appeal windows must be honored • Ruling Officer’s Ruling – Within 30 days, normally 7-10 • Notice of Appeal for Hearing • Administrative Hearing with Independent Hearing Officer – 20 days notice • Recommended Order by Hearing Officer – Within 30 days of receipt of official record, normally less than 14 • 1000 rulings per year, around 120 appeals

13. Recent Collaborative Changes • In accordance with 702 KAR 7:065 and KBE directive, established Title IX compliance program in 1999 • Retired educators trained to go to schools and evaluate everything related to Title IX and athletics • Have completed three cycles of visits to all schools, approximately $70 to $90 thousand per year without cost to schools or appropriation

14. Recent Collaborative Changes • In 2010s, worked collaboratively with General Assembly and KBE on implementing middle school requirements due to concerns about health and safety upon task force completion • In late 2010s, worked collaboratively with General Assembly and KBE on implementing opportunities for home schooled students to compete against KHSAA schools for first time

15. Daily Operations • No General Fund appropriation • School Dues Annual, all inclusive (no per sport charge like many states) • Event revenue (primary support, basketball and football) is all from state round, unlike any other state associations • Corporate Support and Sponsorship

16. Daily Operations • Own Office Building, Debt Free • Approximately $4M flows through each year • Annual audit and must comply with GASB standards for non-profits • Retirement System Currently Having Huge Impact, particularly KERS • Nearly all of the school dues collected is remitted to pay for the catastrophic insurance for all participants and liability insurance for all rounds of play

17. Operational Philosophy • It is not the objective in any of the 19 KHSAA championships, to create an event that ensures the absolute best possible field is at the state tournament or that quality of play is a criterion • The role of the Board of Control in developing policy, and of the staff in implementing that policy through procedures and events, is to ensure that all regions of the state have an opportunity to have competitors experience the state championship and represent their schools, communities and regions • This may not always result in the absolute best individuals or teams, or even the best quality of play, but does ensure a quality experience for all.

18. Staffing • 13 Full-time Staff- 9 covered by KTRS, 4 by KERS • 4 Full-time Staff covered by KERS, 2 will have job transfers and no longer be eligible for KERS as of August 1, one has retirement pending, and 1 is in transitional phase of likely transfer to different position • 3 part-time staff, including custodian • 4 retired school administrators helping with Title IX audit program

19. Basic Organization • Organization of Member Schools • No school more important than any other school • All have equal influence, from our smallest, Holy Family and its 20 students in Ashland, to Lafayette and its 2,486 which is largest with split of Scott County • Bylaw 1, first Bylaw, designates that the Principal is the primary person responsible for school, and can designate an individual to act in that role (normally Athletic Director) • Bylaw 1 foundational to operations

20. Governance of KHSAA • Constitution Establishes a “Board of Control” • Eighteen Board members • 8 elected by schools, 2 per basketball region • 2 elected by schools, designated to represent regions 1-8 and 9-16 (female) • 2 elected by schools, designated to represent regions 1-8 and 9-16 (African American) • 2 elected by schools, designated to represent regions 1-8 and 9-16 (non-public schools) • 4 appointed by Kentucky Department of Education

21. Current Board makeup • Two retirees serving as KBE appointees, a farmer and a retired coach • Car Dealer and farmer • 1 School Principal • 1 Assistant Principal • 2 District Athletic Directors and Former Coaches • School Athletic Director • School AD and Coach • Guidance Counselor • College Professor • Diocese Education Director • 5 Superintendents • Assistant Superintendent and Cheer Coach

22. Process for Promulgating Administrative Regulations • Process Necessary to give Constitution, Bylaws, Due Process and Board of Control Policies force of law through state regulation • Schools Submit Proposals by May 1 from membership or Board • Review by Board of Control for decision on inclusion in agenda (from KBE Task Force) • Annual Meeting mid-September • Final Review and Recommendation by BOC to KBE (2 KBE meetings and LSAC and other group review) • KBE Final Review and Recommendation to LRC • Adoption Consideration through LRC (ARRS) • Hopeful final approval by late spring/summer of following year

23. Bylaws 2 through 14, Eligibility • Bylaw 2-Age Restriction • Bylaw 3-Number of Semesters • Bylaw 4-Enrollment Requirement • Bylaw 5-Academic Requirement • Bylaw 6-Domestic Transfer Rule • Bylaw 7-Students Under Education VISA • Bylaw 8-Contestant on Other Teams

24. Bylaws 2 through 14, Eligibility • Bylaw 9-Outside Team Restriction (BK, FB only) • Bylaw 10-Amateur Status and Awards • Bylaw 11-Financial Aid • Bylaw 12-Requirement for Physical and Insurance • Bylaw 13-Professional Contracts • Bylaw 14-Other Eligibility Including practice/play while ineligible

25. Other Bylaws that cause problems for Principals • Bylaw 22-Contests • Bylaw 23-Limitation of Seasons • Bylaw 24-Dead Period • Bylaw 25-Coaching Requirements • Bylaw 27-Penalties

26. Regulations vs. Rules • Annually, the Constitution, Bylaws, Due Process Procedure, Board Policies and Necessary Forms are reviewed through the regulatory process, with the Board of Control having final authority over the conduct of tournaments through competition rules • Competition rules have always been necessarily fluid as schools add and delete sports, playing rules change, and safeguards are necessary to help ensure competitive equity and curb cheating

27. Ongoing Efforts-Typical Business • Ever-evolving Opportunities • Field Hockey opportunity for females continues to be evaluated • Addition of six sport-activities since 2010, Archery, Bass Fishing, Bowling, Cheer, Dance and Esports • Must not neglect long-standing sports just because of new ones

28. Ongoing Efforts-Typical Business • Football Alignment • Every four years based on four-year average enrollment • Adjustments on School Size every two years • Classify based on enrollment only

29. Ongoing Efforts-Typical Business • Baseball / Softball Changes • Tournaments needed to be similar • Prior girls’ event not at same standard in terms of facility, almost exclusively due to format • Formats for both revised to ensure top participation experience • Historic partnership with regional universities • Already have changes for 2020 based on evaluation, always reviewing

30. Ongoing Efforts-Typical Business • Golf Format Changes • Unfortunately, were trying to be all things to all people, conducting both a team tournament and individual tournament simultaneously, and bringing multiple teams from each region • Virtually no other state plays a practice round and 2 competition rounds per gender, a six-day commitment for those coaching both genders • Confirmed as late as June of 2019, the total attempted field of 156 was appreciably higher than other states and contributes to past, unaddressed issue • The Board began in summer of 2018 reviewing the issue and gathering entry data from schools • Too many tee times in late fall forced extra expenditure of funds due to delays • Member schools had expressed continual feedback to equalize the number of regions in boys and girls golf and be in same for both • Communication was made with school Principals and Athletic Directors on four occasions, continually keeping them updated and soliciting feedback

31. Ongoing Efforts-Typical Business • Golf Format Changes • 68 girls and 37 boys schools who entered regional players did not have enough for a team • Between 25% and 30% of the girls teams only had four participants, between 15% and 20% of boys teams had only four participants scoring • Legitimate and concerted efforts had been made to address one of the issues, pace of play (more about how long it takes for a round than individual play), but in many areas, this was somewhat punitive on students coming from areas with less opportunity

32. Ongoing Efforts-Typical Business • Golf Format Changes • To ensure all parts of the state were represented, even in areas with fewer full teams, the decision was confirmed to revise the format. • Following additional feedback, the board agreed to a two-choice alternative to be finalized at their July meeting, either 1) eliminating a runner-up team or 2) confirming the reduction of the team size to playing four, scoring four at the state tournament • The Board through the Commissioner’s office has continually communicated with member schools through the process

33. Continual Challenges • Officials and Officiating, will be working closely with potential sponsors on revisions to KRS 518.090 (assault on official) • Ongoing national topics that have been addressed here but will need monitoring, such as transgender and cross-gender participation, drones, new sports, sports-safety concerns, Esports and compliance

34. Sports Safety – Sports Medicine • Sports Safety Course Requirement • Examples of online monitoring • http://schools.khsaa.org • Complete Site – http://www.khsaa.org/sports_safety • Sports Medicine Information • Heat Index and Heat Policy • http://www.khsaa.org/sportsmedicine/heat/ • Many other Sports Safety/Medicine Recommendations and Information • http://www.khsaa.org/sportsmedicine

35. KHSAA Catastrophic Insurance • R. J. Roberts, Inc. in Richmond is the broker for the coverage. Kentucky broker required following former out of state carrier collapse • 10-year window to received medical benefits of $7.5 million with a $25,000 deductible • Primarily provides medical benefits • Pays 100% of Usual & Customary changes in excess of other in force insurance • Death Benefit of $10,000 • Is “secondary” to personal and school policies • Covers - “Students participating in interscholastic competition, governed by the regulations of the state high school athletic/activities authority, including school supervised practice, tryouts, game related activities and related travel.”

36. KHSAA Catastrophic Insurance • What is covered by catastrophic insurance? • All sports and sport-activities for which the KHSAA sponsors a championship • Fall – Golf, Volleyball, Field Hockey, Soccer, Cross Country and Football • Winter – Cheer, Dance, Bowling, Swimming, Wrestling, Basketball • Spring – Archery, Bass Fishing, Tennis, Track, Fast Pitch Softball, Baseball, Esports • What is not covered? • Any activity contrary to the Constitution, Bylaws, Competition Rules or other adopted policies of the KHSAA • Any activity outside of the restrictions contained in Bylaw 23

37. KHSAA Communications • Public Web Site (www.khsaa.org) • More than 1.5 million page views per month during peak times, 1.0 million views standard through year • Scoreboard has as high as 3 million views • Sports and Activities pages laid out in similar manner throughout site • Social Media (controlled usage) • Scoreboard and Scoreboard Phone Number

38. Today • 57,639 boys and 48,575 girls on rosters in 17-18 • 54 championships • 13 sports and 6 sport-activities • 12,000 coaches • 4,000 officials • 281 schools • Best drop-out prevention program

39. Conclusion • Two things people in sports do not like, The way things are and change • However, we have to evolve to survive • The staff works diligently to carry out the objectives of the schools and Board, but likely get far too much credit and too much blame • Thank you!