Title 702 | Chapter 007 | Regulation 065
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PREVIOUS VERSION
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EDUCATION AND LABOR CABINET
Kentucky Board of Education
Department of Education
(Amendment)
702 KAR 7:065.Designation of agent to manage middle and high school interscholastic athletics.
Section 1.
Definitions.(1)
"Contact Drill" means that drills are run at Level 3, Level 4, or Level 5.(2)
"KBE" means Kentucky Board of Education.(3)
"KHSAA" means Kentucky High School Athletics Association.(4)
"Level 0" or "air" means that players run a drill unopposed without contact.(5)
"Level 1" or "bags" means that a drill is run with a bag or against another soft contact surface.(6)
"Level 2" or "control" means that:(a)
A drill is run at an assigned speed until the moment of contact;(b)
One (1) player is predetermined the winner by the coach;(c)
Contact remains above the waist; and(d)
Players stay on their feet.(7)
"Level 3" or "Control to Ground" means that:(a)
A drill is run at an assigned non-competitive speed or with players pre-engaged;(b)
There is a pre-determined winner; and(c)
Players are allowed to take their opponent to the ground in a controlled manner.(8)
"Level 4" or "thud" means that:(a)
A drill is run at a competitive speed through the moment of contact;(b)
There is no predetermined winner;(c)
Contact is above the waist;(d)
Players stay on their feet; and(e)
A quick whistle ends the drill.(9)
"Level 5" or "live" means that a drill is run at a competitive speed in game-like conditions.(10)
"Non-Contact Drill" means that drills are run at Level 0, Level 1, or Level 2.(11)
"OCR" means the United States Department of Education, Office for Civil Rights.Section 2.
The KHSAA shall be the Kentucky Board of Education's agent to manage interscholastic athletics at the middle and high school level in the common schools and private schools desiring to associate with KHSAA or to compete with a common school.Section 3.
To remain eligible to maintain the designation as the agent to manage interscholastic high school athletics, the KHSAA shall:(1)
Accept four (4) at-large members appointed by the Kentucky Board of Education to its high school Board of Control;(2)
Sponsor an annual meeting of its member high schools;(3)
Provide for each member high school to have a vote on the KHSAA Constitution and bylaw changes submitted for consideration;(4)
Provide for high school regional postseason tournament net revenues to be distributed to the member high schools in that region participating in that sport, utilizing a share approach determined by the high schools within that region playing that sport;(5)
Provide for students desiring to participate at the high school level (regardless of the level of play) to be enrolled in at least grade seven (7);(6)
Require its governing body to annually establish goals and objectives for its commissioner and perform a self-assessment and submit the results annually to the KBE by December 31;(7)
Advise the Department of Education of all legal action brought against the KHSAA;(8)
Permit a board of control member to serve a maximum of two (2) consecutive four (4) year terms with no region represented for more than eight (8) consecutive years;(9)
Employ a commissioner and evaluate that person's performance annually by October 31, and establish all staff positions upon recommendation of the commissioner;(10)
Permit the commissioner to employ other personnel necessary to perform the staff responsibilities;(11)
Permit the Board of Control to assess fines on a member high school;(12)
Utilize a trained independent hearing officer instead of an eligibility committee for a high school athletic eligibility appeal;(13)
Establish a philosophical statement of principles to use as a guide in a high school eligibility case;(14)
Conduct continual cycles of field audits of the association's entire high school membership, which provides that each high school is audited regarding each school's compliance with 20 U.S.C. Section 1681 (Title IX) and submit annual summary reports, including the highlighting of any potential deficiencies in OCR compliance to the Kentucky Board of Education;(15)
As a condition precedent to high school membership, require each member high school and superintendent to annually submit a written certification of compliance with 20 U.S.C. Section 1681 (Title IX);(16)
Conduct all meetings related to high school athletics in accordance with KRS 61.805 through 61.850;(17)
Provide written reports of any investigations into possible violations of statute, administrative regulation, KHSAA Constitution, KHSAA Bylaws, or other rules governing the conduct of high school interscholastic athletics conducted by KHSAA or their designees to the superintendent and principal of the involved school district and school before being made public;(18)
Not punish or sanction, in any manner, a school, student, coach, or administrator for allowing a student to play in an athletic contest or practice with the team during a time when an order of a court of competent jurisdiction permits the student to participate or otherwise stays or enjoins enforcement of a KHSAA final decision on eligibility;(19)
Require any student enrolled initially in grade seven (7) through twelve (12) who is repeating a grade for any reason, to be ineligible, during the school year that the grade is repeated, to compete in an interscholastic athletics competition at any level; and(20)
Produce a public report(s) of member schools' compliance with submitting the required member school application and the required training aspects of KRS 158.162 and KRS 160.445 regarding emergency and cardiac action plans related to interscholastic athletics.Section 4.
To remain eligible to maintain the designation as the agent to manage interscholastic athletics at the middle school level, the KHSAA shall implement the following requirements for all participants in middle school interscholastic athletics, distribute these requirements to all middle schools, and publish via the KHSAA Web site:(1)
Require that these provisions apply to all middle school interscholastic athletics. The following indicates that a team is representative of a school and classified as middle school athletics:(a)
The contest, event, or tournament is sponsored by a school or combined group of schools;(b)
Competitors wear a school-issued uniform;(c)
The contest, event, or tournament is sponsored by an outside entity as a school entry event, which is advertised or promoted as a school event, whether or not an entry fee is required;(d)
A school entity pays an entry fee, for the student or team, including payment by booster organizations;(e)
A school representative accompanies the student-athlete or transports the student-athlete to the contest, event, or tournament;(f)
A designated or hired member of a school coaching staff, whether paid or unpaid, is present and offering instruction, advice, evaluation, or refinement of skills or exercising other duties defined as coaching within the sport rules;(g)
Transportation to or from the contest, event, or tournament utilizes school provided or approved transportation;(h)
Competitors in the contest, event, or tournament wear apparel identifying them by the name of the school, including the formal name, informal name, or team nickname;(i)
Competitors in the contest, event, or tournament are provided promotional or other resources by the school including school media recognition, signage, and items indicative of school representation;(j)
Competition in a contest, event, or tournament has, in any form, jurisdiction of the local school board or school-based decision-making body, including financial or other approval control; or(k)
Competition in a contest, event, or tournament is covered by any school or school system provided or procured insurance policy;(2)
Require that any head or assistant coach, whether paid or unpaid, desiring to coach interscholastic athletics at the middle school level:(a)
Meet the requirements of KRS 156.070(2)(h)2(b)
Meet the requirements of KRS 160.380(5) and (6); and(c)
Provide to the school documentation of successful completion of a C.P.R. course including the use of an automatic external defibrillator and the first aid training, conducted by an instructor or program approved by a college or university, the American Red Cross, the American Heart Association, or other bona fide accrediting agency that is approved by the KHSAA based upon industry standards. The certification shall be updated as required by the approving agency;(3)
Require adherence to the following items regarding safety, sports medicine, and risk minimization for all interscholastic athletics at the middle school level:(a)
Each student, before trying for a place on a middle school athletic team, shall provide an annual medical examination, in accordance with KRS 156.070(2)(e), and shall use the KHSAA form PPE01, with PPE02 being optional for the health care provider;(b)
All participants at the middle school level shall adhere to all sports medicine and risk minimization policies in use at the high school level that may be supplemented by the school, school district, conference, or association including:1.
Heat index and heat illness programs;2.
Wrestling weight management programs;3.
Concussion and other head injury policies including policies for minimizing impact exposure and concussion risks;4.
The following football equipment drill work and practice activity limitations:a.
Football contact and non-contact practice shall use the appropriate clothing and equipment for the level of drill, including:(i)
A drill conducted in helmets-only shall be a Level 0, or Level 1;(ii)
A drill conducted in shells (shorts, shoulder pads, and helmets) shall be a non-contact drill; and(iii)
A contact drill shall be conducted in full equipment;b.
Middle school football shall practice a minimum of eleven (11) days before engaging another group or opponent in full contact, using the following minimum schedule:(i)
Five (5) days in helmets;(ii)
Followed by three (3) days in helmets and shoulder pads; and(iii)
Concluding with three (3) days in full equipment practice; andc.
Contact drills shall not be conducted more than twenty-one (21) days before the first regular-season contest;d.
Thee.
All middle schools shall maintain protective helmets in accordance with manufacturer's warranty guidelines for recertification;5.
The following baseball pitching limitations shall apply to all interscholastic play at the middle school level including scrimmages, regular season, and post season games:a.
The pitch count shall be based on pitches thrown for strikes (including foul balls), balls, balls in play, and outs;b.
Warm-up pitches allowed before each inning, warm-up pitches allowed by the umpire in case of injury or game delay, and plays attempted against the batter-runner or any runner at first, second, or third base shall not count against this limit;c.
A pitcher at any level who reaches the pitch count limit in the middle of an at-bat shall be allowed to finish that hitter;d.
The required calendar rest shall begin on the day following the date on which the game began, or a resumed game began regardless of the conclusion time of the game; ande.
The rest periods shall be based on the following total pitches:(i)
Maximum pitches - eighty-five (85);(ii)
Fifty-six (56) pitches or more - three (3) calendar days rest;(iii)
Thirty-six (36) to fifty-five (55) pitches - two (2) calendar days rest;(iv)
Twenty (20) to thirty-five (35) pitches - one (1) calendar day rest; and(v)
One (1) to nineteen (19) pitches - no mandated rest;6.
Students seeking to play or practice, including scrimmages, regular season, and post season games, in the sport of fastpitch softball, shall be required to wear face protection, commercially manufactured for softball facial protection and worn as intended by the manufacturer, when playing the positions of first base, third base, and pitcher; and7.
Teams participating in middle school athletics as defined by subsection (1) of this section shall use KHSAA licensed officials in the sports of baseball, basketball, field hockey, football, soccer, softball, and volleyball;(4)
Create a permanent Middle School Athletics Advisory Committee. This committee shall:(a)
Report regularly, not less than annually to the Board of Control of the KHSAA with the Board of Control obligated to make a recommendation to the Kentucky Board of Education with respect to annually proposed regulatory changes;(b)
Be composed of no less than three (3) middle school representatives from each Supreme Court district as well as no less than three (3) at large representatives from throughout the state;(c)
Provide an opportunity for nonprofit athletic groups, parents, and others to participate and provide input on the sport, athletic event, or athletes involved in interscholastic activities through local school districts;(d)
Meet not less than twice annually to review current programs and policies, make recommendations for improvements to and participation in middle school interscholastic activities, as well as any changes in statute, administrative regulation, or policy related to middle school interscholastic athletics, and assist in the development of model guidelines for schools, districts, conferences, and associations to be used in implementing a middle school athletic program; and(e)
Report regularly, not less than annually, to the commissioner of the KHSAA and issue, in conjunction with the commissioner, a formal written report annually to the KBE with recommendations for changes in statute, administrative regulation, or policy;(5)
Require any organization conducting a school-based event at the middle school level to submit the following, which shall be published and listed on the KHSAA Web site:(a)
Annual financial reports of all sanctioned and approved events sponsored by the organization; and(b)
Documentation of financial accountability including verification of federal status and tax documents including an annual IRS Form 990;(6)
Provide notice to the middle schools related to any program conducted by KHSAA related to educating school administrators about the provisions of 20 U.S.C. 1681, Title IX;(7)
Provide educational materials and a mechanism to facilitate the monitoring and tracking capabilities for the middle schools to ensure compliance with the provisions of KRS 160.445 and other requirements for coaches at the middle school level;(8)
Require that any student who turns:(a)
Fifteen (15) years of age before August 1 of the current school year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades eight (8) and below;(b)
Fourteen (14) years of age before August 1 of the current year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades seven (7) and below; and(c)
Thirteen (13) years of age before August 1 of the current school year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades six (6) and below;(9)
Require each school, school district, conference, or association of schools to develop rules and limitations regarding student participation at the middle school level to include:(a)
A defined age limitation for participating students;(b)
A policy regarding the participation of students below grade six (6);(c)
A limitation on practice time before the season in any sport or sport activity which shall not exceed the practice time adopted for play at the high school level;(d)
A limitation on the number of school-based scrimmages and regular season, school based contests in each sport or sport-activity, which shall not include post season contests and shall not exceed the allowable number of contests for that sport or sport-activity at the high school level; and(e)
A limitation on the length of the regular competitive season in each sport or sport-activity, not including any post season activities, which shall not exceed the length for that sport or sport-activity at the high school level;(10)
Conduct all meetings related to middle school athletics in accordance with KRS 61.805 through 61.850;(11)
Issue an annual report to the KBE on the status of interscholastic athletics at the middle school level, including any recommendations for changes in statute, administrative regulation, or policy;(12)
Allow a school or school district to join a conference or association that has developed rules for any particular sport or sport-activity to satisfy the requirements of this administrative regulation; and(13)
The period of June 25 to July 9, inclusive, shall be a dead period for middle school athletics. During the dead period:(a)
Students shall not receive coaching or training from school personnel, whether salaried or non-salaried;(b)
School facilities, uniforms, nicknames, transportation, or equipment shall not be used;(c)
School funds shall not be expended in support of interscholastic athletics; and(d)
A postseason wrap-up activity, celebration, or recognition event relating to a spring sports team at a school may be held.Section 5.
Financial Planning and Review Requirements.(1)
KHSAA shall annually submit the following documents to the KBE by October 31:(a)
Draft budget for the next two (2) fiscal years, including the current year;(b)
End-of-year budget status report for the previous fiscal year;(c)
Revisions to the KHSAA Strategic Plan as a result of an annual review of the plan by the KHSAA governing body;(d)
A summary report of operations including summaries of financial, legal, and administrative actions taken and other items ongoing within KHSAA. This report shall also include a summary of items affecting:1.
Athletic appeals and their disposition, including the name of the individual, grade, school, and the action taken by KHSAA;2.
Eligibility rules;3.
Duties of school officials;4.
Contests and contest limitations;5.
Requirements for officials and coaches; and6.
Results of a biennial review of its bylaws that results in a recommendation for a change, directing any proposals for change in association rules to be considered for a vote by the member schools at the next legislative opportunity; and(e)
A review of all items which have been submitted to the membership for approval through the processes established in the KHSAA Constitution and the result of the voting on those issues.(2)
The KHSAA shall annually submit at the next meeting of the Kentucky Board of Education following receipt and adoption by the Board of Control, audited financial statements with the KHSAA Commissioner's letter addressing exceptions or notes contained in management correspondence if any.Section 6.
Forms. The forms incorporated by reference in this administrative regulation shall be filed:(1)
Using the paper form; or(2)
Using the electronic forms found on the Kentucky High School Athletic Association Web site at www.khsaa.org.Section 7.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"KHSAA Constitution", 7/2021;(b)
"KHSAA Bylaws", 7/2023(c)
"KHSAA Due Process Procedure", 7/2023(d)
"KHSAA Board of Control and Officials Division Policies", 7/2023(e)
KHSAA Form BA101- Baseball Pitching Limitation", 6/2016;(f)
KHSAA Form GE01, "Application for Membership", 7/2023(g)
KHSAA Form GE04, "Athletic Participation Form, Parental and Student Consent and Release for High School Level (grades 9 - 12) Participation", 5/2023(h)
KHSAA Form DP02, "Request for Statutory Waiver of Bylaw 2", 6/2018;(i)
KHSAA Form DP06, "Application for Athletic Eligibility for Domestic Students", 7/2023(j)
KHSAA Form DP07, "Application for Athletic Eligibility for Non-Domestic Students(k)
(l)
KHSAA Form DP16, "Request for Waiver of 20 Day Notice", 6/2018;(l)(m)
KHSAA Form DP17, "Add. Info for Appeal", 6/2018;(m)(n)
KHSAA Form DP18 "Waiver – 15 Day Exceptions", 6/2018;(n)(o)
"KHSAA Form GE14- Contract for Athletic Contests", 7/2020;(o)(p)
"KHSAA Form GE19-Title IX Procedures Verification", 5/2011; and(p)(q)
KHSAA Form GE20, "Heat Index Measurement and Record", 4/2014(r)
(s)
(t)
(u)
(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Legal Services, Department of Education, 5th Floor, 300 Sower Blvd, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.This is to certify that the chief state school officer has reviewed and recommended this administrative regulation prior to its adoption by the Kentucky Department of Education, as required by KRS 156.070(5).
JASON GLASS, Commissioner
LU YOUNG, Chairperson
APPROVED BY AGENCY: June 13, 2023
FILED WITH LRC: June 14, 2023 at 12:35 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on August 30, 2023, at 10am in the State Board Room, 5th Floor, 300 Sower Blvd, Frankfort, Kentucky. Individuals interested in being heard at this meeting shall notify this agency in writing five working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2023.
CONTACT PERSON: Todd Allen, General Counsel, Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321; email regcomments@education.ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Todd G. Allen
(1) Provide a brief summary of:
(a) What this administrative regulation does:
KRS 156.070 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. This regulation designates the Kentucky High School Athletic Association (KHSAA) as the agent to manage high school and middle school interscholastic athletics, and incorporates by reference the bylaws, procedures and rules governing interscholastic sports.
(b) The necessity of this administrative regulation:
This regulation is necessary to designate the agency to provide the day-to-day management activities of interscholastic athletics in Kentucky; to set forth the financial, planning and review processes governing the agent; and to incorporate by reference the bylaws, procedures and rules of the agency.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The regulation designates the agency to manage interscholastic athletics, as authorized by the authorizing statute, and outlines the conditions under which this authority is granted.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It designates the KHSAA as the agent to manage interscholastic athletics in the schools and districts at the high school and middle school levels, and publishes changes in bylaws, procedures and rules for affected schools and districts.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
These amendments make changes to the documents incorporated by reference, including the bylaws, to make the rule compliant with the provisions of recent legislation. Specifically, recent legislation addressed Name, Image, and Likeness ("NIL"), athletic eligibility of non-resident district students, and gender restricted participation. Changes were also made as a result of the recent Annual Meeting of Member Schools where they voted to remove certain restrictions established in Bylaw 9 for students in Basketball at the beginning of the school year. Finally, additional changes were made to update policies and other documents according to recent board action.
(b) The necessity of the amendment to this administrative regulation:
Pursuant to the KHSAA Constitution, which is incorporated by reference in this regulation, the members are required to have an annual meeting to discuss and recommend any needed changes to the Constitution and Bylaws. While they are not required to make changes to the Constitution and Bylaws, substantive changes must be made through this process. This amendment incorporates changes approved at the annual meeting of the Delegate Assembly. This amendment also is necessary to designate the KHSAA as the agent to manage interscholastic athletics at the high school and middle school level.
(c) How the amendment conforms to the content of the authorizing statutes:
The statute authorizes the KBE to designate an agency to manage interscholastic athletics in the common schools. The regulation designates the KHSAA as that agent at both the high school and middle school levels, and incorporates by reference the KHSAA Handbook, which consists of the KHSAA Constitution, Bylaws, Due Process Procedure, and Board of Control Policies to provide rules and guidance to the member schools and districts governing sporting events. The amendments in the Bylaws are made annually, according to the process outlined in the Constitution, and reflect input given by member schools and districts on changes that need to be made to provide a sounder structure of governance.
(d) How the amendment will assist in the effective administration of the statutes:
See (c) above.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
171 School Districts; students participating in interscholastic athletics
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
There will be minimal impact because of the nature of the changes to the regulation. There are requirements that continue to be placed on schools and coaching personnel, However, the training required to meet these requirements will be provided at no costs to the schools, administrators, or the coaching personnel resulting in a safer and more complete education-based athletic experience for the Commonwealth’s student-athletes. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Minimal
(b) On a continuing basis:
None
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
KHSAA is funded through membership dues, as well as from gate receipts and sponsorships related to the various state championships.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
None
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
None
(9) TIERING: Is tiering applied?
Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all school districts.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
School districts, the Department of Education, and the Kentucky High School Athletic Association.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 156.070.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
There is no additional expense to the school districts or the department as a result of this administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
The costs associated to the KHSAA in administrating this program for the first year are minimal.
(d) How much will it cost to administer this program for subsequent years?
The costs associated to the KHSAA in administrating this program in subsequent years are minimal.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
None
Expenditures (+/-):
Minimal
Other Explanation:
N/A
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Minimal to none.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Minimal to none.
(c) How much will it cost the regulated entities for the first year?
There should be little to no additional costs associated for regulated entities for the first year.
(d) How much will it cost the regulated entities for subsequent years?
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
None
Expenditures (+/-):
None over current expenditures.
Other Explanation:
N/A
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major impact as defined above.
EDUCATION AND LABOR CABINET
Kentucky Board of Education
Department of Education
(Amendment)
702 KAR 7:065.Designation of agent to manage middle and high school interscholastic athletics.
Section 1.
Definitions.(1)
"Contact Drill" means that drills are run at Level 3, Level 4, or Level 5.(2)
"KBE" means Kentucky Board of Education.(3)
"KHSAA" means Kentucky High School Athletics Association.(4)
"Level 0" or "air" means that players run a drill unopposed without contact.(5)
"Level 1" or "bags" means that a drill is run with a bag or against another soft contact surface.(6)
"Level 2" or "control" means that:(a)
A drill is run at an assigned speed until the moment of contact;(b)
One (1) player is predetermined the winner by the coach;(c)
Contact remains above the waist; and(d)
Players stay on their feet.(7)
"Level 3" or "Control to Ground" means that:(a)
A drill is run at an assigned non-competitive speed or with players pre-engaged;(b)
There is a pre-determined winner; and(c)
Players are allowed to take their opponent to the ground in a controlled manner.(8)
"Level 4" or "thud" means that:(a)
A drill is run at a competitive speed through the moment of contact;(b)
There is no predetermined winner;(c)
Contact is above the waist;(d)
Players stay on their feet; and(e)
A quick whistle ends the drill.(9)
"Level 5" or "live" means that a drill is run at a competitive speed in game-like conditions.(10)
"Non-Contact Drill" means that drills are run at Level 0, Level 1, or Level 2.(11)
"OCR" means the United States Department of Education, Office for Civil Rights.Section 2.
The KHSAA shall be the Kentucky Board of Education's agent to manage interscholastic athletics at the middle and high school level in the common schools and private schools desiring to associate with KHSAA or to compete with a common school.Section 3.
To remain eligible to maintain the designation as the agent to manage interscholastic high school athletics, the KHSAA shall:(1)
Accept four (4) at-large members appointed by the Kentucky Board of Education to its high school Board of Control;(2)
Sponsor an annual meeting of its member high schools;(3)
Provide for each member high school to have a vote on the KHSAA Constitution and bylaw changes submitted for consideration;(4)
Provide for high school regional postseason tournament net revenues to be distributed to the member high schools in that region participating in that sport, utilizing a share approach determined by the high schools within that region playing that sport;(5)
Provide for students desiring to participate at the high school level (regardless of the level of play) to be enrolled in at least grade seven (7);(6)
Require its governing body to annually establish goals and objectives for its commissioner and perform a self-assessment and submit the results annually to the KBE by December 31;(7)
Advise the Department of Education of all legal action brought against the KHSAA;(8)
Permit a board of control member to serve a maximum of two (2) consecutive four (4) year terms with no region represented for more than eight (8) consecutive years;(9)
Employ a commissioner and evaluate that person's performance annually by October 31, and establish all staff positions upon recommendation of the commissioner;(10)
Permit the commissioner to employ other personnel necessary to perform the staff responsibilities;(11)
Permit the Board of Control to assess fines on a member high school;(12)
Utilize a trained independent hearing officer instead of an eligibility committee for a high school athletic eligibility appeal;(13)
Establish a philosophical statement of principles to use as a guide in a high school eligibility case;(14)
Conduct continual cycles of field audits of the association's entire high school membership, which provides that each high school is audited regarding each school's compliance with 20 U.S.C. Section 1681 (Title IX) and submit annual summary reports, including the highlighting of any potential deficiencies in OCR compliance to the Kentucky Board of Education;(15)
As a condition precedent to high school membership, require each member high school and superintendent to annually submit a written certification of compliance with 20 U.S.C. Section 1681 (Title IX);(16)
Conduct all meetings related to high school athletics in accordance with KRS 61.805 through 61.850;(17)
Provide written reports of any investigations into possible violations of statute, administrative regulation, KHSAA Constitution, KHSAA Bylaws, or other rules governing the conduct of high school interscholastic athletics conducted by KHSAA or their designees to the superintendent and principal of the involved school district and school before being made public;(18)
Not punish or sanction, in any manner, a school, student, coach, or administrator for allowing a student to play in an athletic contest or practice with the team during a time when an order of a court of competent jurisdiction permits the student to participate or otherwise stays or enjoins enforcement of a KHSAA final decision on eligibility;(19)
Require any student enrolled initially in grade seven (7) through twelve (12) who is repeating a grade for any reason, to be ineligible, during the school year that the grade is repeated, to compete in an interscholastic athletics competition at any level; and(20)
Produce a public report(s) of member schools' compliance with submitting the required member school application and the required training aspects of KRS 158.162 and KRS 160.445 regarding emergency and cardiac action plans related to interscholastic athletics.Section 4.
To remain eligible to maintain the designation as the agent to manage interscholastic athletics at the middle school level, the KHSAA shall implement the following requirements for all participants in middle school interscholastic athletics, distribute these requirements to all middle schools, and publish via the KHSAA Web site:(1)
Require that these provisions apply to all middle school interscholastic athletics. The following indicates that a team is representative of a school and classified as middle school athletics:(a)
The contest, event, or tournament is sponsored by a school or combined group of schools;(b)
Competitors wear a school-issued uniform;(c)
The contest, event, or tournament is sponsored by an outside entity as a school entry event, which is advertised or promoted as a school event, whether or not an entry fee is required;(d)
A school entity pays an entry fee, for the student or team, including payment by booster organizations;(e)
A school representative accompanies the student-athlete or transports the student-athlete to the contest, event, or tournament;(f)
A designated or hired member of a school coaching staff, whether paid or unpaid, is present and offering instruction, advice, evaluation, or refinement of skills or exercising other duties defined as coaching within the sport rules;(g)
Transportation to or from the contest, event, or tournament utilizes school provided or approved transportation;(h)
Competitors in the contest, event, or tournament wear apparel identifying them by the name of the school, including the formal name, informal name, or team nickname;(i)
Competitors in the contest, event, or tournament are provided promotional or other resources by the school including school media recognition, signage, and items indicative of school representation;(j)
Competition in a contest, event, or tournament has, in any form, jurisdiction of the local school board or school-based decision-making body, including financial or other approval control; or(k)
Competition in a contest, event, or tournament is covered by any school or school system provided or procured insurance policy;(2)
Require that any head or assistant coach, whether paid or unpaid, desiring to coach interscholastic athletics at the middle school level:(a)
Meet the requirements of KRS 156.070(2)(h)2;(b)
Meet the requirements of KRS 160.380(5) and (6); and(c)
Provide to the school documentation of successful completion of a C.P.R. course including the use of an automatic external defibrillator and the first aid training, conducted by an instructor or program approved by a college or university, the American Red Cross, the American Heart Association, or other bona fide accrediting agency that is approved by the KHSAA based upon industry standards. The certification shall be updated as required by the approving agency;(3)
Require adherence to the following items regarding safety, sports medicine, and risk minimization for all interscholastic athletics at the middle school level:(a)
Each student, before trying for a place on a middle school athletic team, shall provide an annual medical examination, in accordance with KRS 156.070(2)(e), and shall use the KHSAA form PPE01, with PPE02 being optional for the health care provider;(b)
All participants at the middle school level shall adhere to all sports medicine and risk minimization policies in use at the high school level that may be supplemented by the school, school district, conference, or association including:1.
Heat index and heat illness programs;2.
Wrestling weight management programs;3.
Concussion and other head injury policies including policies for minimizing impact exposure and concussion risks;4.
The following football equipment drill work and practice activity limitations:a.
Football contact and non-contact practice shall use the appropriate clothing and equipment for the level of drill, including:(i)
A drill conducted in helmets-only shall be a Level 0, or Level 1;(ii)
A drill conducted in shells (shorts, shoulder pads, and helmets) shall be a non-contact drill; and(iii)
A contact drill shall be conducted in full equipment;b.
Middle school football shall practice a minimum of eleven (11) days before engaging another group or opponent in full contact, using the following minimum schedule:(i)
Five (5) days in helmets;(ii)
Followed by three (3) days in helmets and shoulder pads; and(iii)
Concluding with three (3) days in full equipment practice; andc.
Contact drills shall not be conducted more than twenty-one (21) days before the first regular-season contest;d.
The first regular season interscholastic contest shall not be played before the Saturday preceding week seven (7) of the National Federation of High Schools Standardized Procedure for Numbering Calendar Weeks; ande.
All middle schools shall maintain protective helmets in accordance with manufacturer's warranty guidelines for recertification;5.
The following baseball pitching limitations shall apply to all interscholastic play at the middle school level including scrimmages, regular season, and post season games:a.
The pitch count shall be based on pitches thrown for strikes (including foul balls), balls, balls in play, and outs;b.
Warm-up pitches allowed before each inning, warm-up pitches allowed by the umpire in case of injury or game delay, and plays attempted against the batter-runner or any runner at first, second, or third base shall not count against this limit;c.
A pitcher at any level who reaches the pitch count limit in the middle of an at-bat shall be allowed to finish that hitter;d.
The required calendar rest shall begin on the day following the date on which the game began, or a resumed game began regardless of the conclusion time of the game; ande.
The rest periods shall be based on the following total pitches:(i)
Maximum pitches - eighty-five (85);(ii)
Fifty-six (56) pitches or more - three (3) calendar days rest;(iii)
Thirty-six (36) to fifty-five (55) pitches - two (2) calendar days rest;(iv)
Twenty (20) to thirty-five (35) pitches - one (1) calendar day rest; and(v)
One (1) to nineteen (19) pitches - no mandated rest;6.
Students seeking to play or practice, including scrimmages, regular season, and post season games, in the sport of fastpitch softball, shall be required to wear face protection, commercially manufactured for softball facial protection and worn as intended by the manufacturer, when playing the positions of first base, third base, and pitcher; and7.
Teams participating in middle school athletics as defined by subsection (1) of this section shall use KHSAA licensed officials in the sports of baseball, basketball, field hockey, football, soccer, softball, and volleyball;(4)
Create a permanent Middle School Athletics Advisory Committee. This committee shall:(a)
Report regularly, not less than annually to the Board of Control of the KHSAA with the Board of Control obligated to make a recommendation to the Kentucky Board of Education with respect to annually proposed regulatory changes;(b)
Be composed of no less than three (3) middle school representatives from each Supreme Court district as well as no less than three (3) at large representatives from throughout the state;(c)
Provide an opportunity for nonprofit athletic groups, parents, and others to participate and provide input on the sport, athletic event, or athletes involved in interscholastic activities through local school districts;(d)
Meet not less than twice annually to review current programs and policies, make recommendations for improvements to and participation in middle school interscholastic activities, as well as any changes in statute, administrative regulation, or policy related to middle school interscholastic athletics, and assist in the development of model guidelines for schools, districts, conferences, and associations to be used in implementing a middle school athletic program; and(e)
Report regularly, not less than annually, to the commissioner of the KHSAA and issue, in conjunction with the commissioner, a formal written report annually to the KBE with recommendations for changes in statute, administrative regulation, or policy;(5)
Require any organization conducting a school-based event at the middle school level to submit the following, which shall be published and listed on the KHSAA Web site:(a)
Annual financial reports of all sanctioned and approved events sponsored by the organization; and(b)
Documentation of financial accountability including verification of federal status and tax documents including an annual IRS Form 990;(6)
Provide notice to the middle schools related to any program conducted by KHSAA related to educating school administrators about the provisions of 20 U.S.C. 1681, Title IX;(7)
Provide educational materials and a mechanism to facilitate the monitoring and tracking capabilities for the middle schools to ensure compliance with the provisions of KRS 160.445 and other requirements for coaches at the middle school level;(8)
Require that any student who turns:(a)
Fifteen (15) years of age before August 1 of the current school year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades eight (8) and below;(b)
Fourteen (14) years of age before August 1 of the current year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades seven (7) and below; and(c)
Thirteen (13) years of age before August 1 of the current school year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades six (6) and below;(9)
Require each school, school district, conference, or association of schools to develop rules and limitations regarding student participation at the middle school level to include:(a)
A defined age limitation for participating students;(b)
A policy regarding the participation of students below grade six (6);(c)
A limitation on practice time before the season in any sport or sport activity which shall not exceed the practice time adopted for play at the high school level;(d)
A limitation on the number of school-based scrimmages and regular season, school based contests in each sport or sport-activity, which shall not include post season contests and shall not exceed the allowable number of contests for that sport or sport-activity at the high school level; and(e)
A limitation on the length of the regular competitive season in each sport or sport-activity, not including any post season activities, which shall not exceed the length for that sport or sport-activity at the high school level;(10)
Conduct all meetings related to middle school athletics in accordance with KRS 61.805 through 61.850;(11)
Issue an annual report to the KBE on the status of interscholastic athletics at the middle school level, including any recommendations for changes in statute, administrative regulation, or policy;(12)
Allow a school or school district to join a conference or association that has developed rules for any particular sport or sport-activity to satisfy the requirements of this administrative regulation; and(13)
The period of June 25 to July 9, inclusive, shall be a dead period for middle school athletics. During the dead period:(a)
Students shall not receive coaching or training from school personnel, whether salaried or non-salaried;(b)
School facilities, uniforms, nicknames, transportation, or equipment shall not be used;(c)
School funds shall not be expended in support of interscholastic athletics; and(d)
A postseason wrap-up activity, celebration, or recognition event relating to a spring sports team at a school may be held.Section 5.
Financial Planning and Review Requirements.(1)
KHSAA shall annually submit the following documents to the KBE by October 31:(a)
Draft budget for the next two (2) fiscal years, including the current year;(b)
End-of-year budget status report for the previous fiscal year;(c)
Revisions to the KHSAA Strategic Plan as a result of an annual review of the plan by the KHSAA governing body;(d)
A summary report of operations including summaries of financial, legal, and administrative actions taken and other items ongoing within KHSAA. This report shall also include a summary of items affecting:1.
Athletic appeals and their disposition, including the name of the individual, grade, school, and the action taken by KHSAA;2.
Eligibility rules;3.
Duties of school officials;4.
Contests and contest limitations;5.
Requirements for officials and coaches; and6.
Results of a biennial review of its bylaws that results in a recommendation for a change, directing any proposals for change in association rules to be considered for a vote by the member schools at the next legislative opportunity; and(e)
A review of all items which have been submitted to the membership for approval through the processes established in the KHSAA Constitution and the result of the voting on those issues.(2)
The KHSAA shall annually submit at the next meeting of the Kentucky Board of Education following receipt and adoption by the Board of Control, audited financial statements with the KHSAA Commissioner's letter addressing exceptions or notes contained in management correspondence if any.Section 6.
Forms. The forms incorporated by reference in this administrative regulation shall be filed:(1)
Using the paper form; or(2)
Using the electronic forms found on the Kentucky High School Athletic Association Web site at www.khsaa.org.Section 7.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"KHSAA Constitution", 7/2021;(b)
"KHSAA Bylaws", 7/2023;(c)
"KHSAA Due Process Procedure", 7/2023;(d)
"KHSAA Board of Control and Officials Division Policies", 7/2023;(e)
KHSAA Form BA101- Baseball Pitching Limitation", 6/2016;(f)
KHSAA Form GE01, "Application for Membership", 7/2023;(g)
KHSAA Form GE04, "Athletic Participation Form, Parental and Student Consent and Release for High School Level (grades 9 - 12) Participation", 5/2023;(h)
KHSAA Form DP02, "Request for Statutory Waiver of Bylaw 2", 6/2018;(i)
KHSAA Form DP06, "Application for Athletic Eligibility for Domestic Students", 7/2023;(j)
KHSAA Form DP07, "Application for Athletic Eligibility for Non-Domestic Students", 07/2023;(k)
KHSAA Form DP16, "Request for Waiver of 20 Day Notice", 6/2018;(l)
KHSAA Form DP17, "Add. Info for Appeal", 6/2018;(m)
KHSAA Form DP18 "Waiver – 15 Day Exceptions", 6/2018;(n)
"KHSAA Form GE14- Contract for Athletic Contests", 7/2020;(o)
"KHSAA Form GE19-Title IX Procedures Verification", 5/2011; and(p)
KHSAA Form GE20, "Heat Index Measurement and Record", 4/2014.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Legal Services, Department of Education, 5th Floor, 300 Sower Blvd, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.This is to certify that the chief state school officer has reviewed and recommended this administrative regulation prior to its adoption by the Kentucky Department of Education, as required by KRS 156.070(5).
JASON GLASS, Commissioner
LU YOUNG, Chairperson
APPROVED BY AGENCY: June 13, 2023
FILED WITH LRC: June 14, 2023 at 12:35 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on August 30, 2023, at 10am in the State Board Room, 5th Floor, 300 Sower Blvd, Frankfort, Kentucky. Individuals interested in being heard at this meeting shall notify this agency in writing five working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2023.
CONTACT PERSON: Todd Allen, General Counsel, Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321; email regcomments@education.ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Todd G. Allen
(1) Provide a brief summary of:
(a) What this administrative regulation does:
KRS 156.070 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. This regulation designates the Kentucky High School Athletic Association (KHSAA) as the agent to manage high school and middle school interscholastic athletics, and incorporates by reference the bylaws, procedures and rules governing interscholastic sports.
(b) The necessity of this administrative regulation:
This regulation is necessary to designate the agency to provide the day-to-day management activities of interscholastic athletics in Kentucky; to set forth the financial, planning and review processes governing the agent; and to incorporate by reference the bylaws, procedures and rules of the agency.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The regulation designates the agency to manage interscholastic athletics, as authorized by the authorizing statute, and outlines the conditions under which this authority is granted.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It designates the KHSAA as the agent to manage interscholastic athletics in the schools and districts at the high school and middle school levels, and publishes changes in bylaws, procedures and rules for affected schools and districts.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
These amendments make changes to the documents incorporated by reference, including the bylaws, to make the rule compliant with the provisions of recent legislation. Specifically, recent legislation addressed Name, Image, and Likeness ("NIL"), athletic eligibility of non-resident district students, and gender restricted participation. Changes were also made as a result of the recent Annual Meeting of Member Schools where they voted to remove certain restrictions established in Bylaw 9 for students in Basketball at the beginning of the school year. Finally, additional changes were made to update policies and other documents according to recent board action.
(b) The necessity of the amendment to this administrative regulation:
Pursuant to the KHSAA Constitution, which is incorporated by reference in this regulation, the members are required to have an annual meeting to discuss and recommend any needed changes to the Constitution and Bylaws. While they are not required to make changes to the Constitution and Bylaws, substantive changes must be made through this process. This amendment incorporates changes approved at the annual meeting of the Delegate Assembly. This amendment also is necessary to designate the KHSAA as the agent to manage interscholastic athletics at the high school and middle school level.
(c) How the amendment conforms to the content of the authorizing statutes:
The statute authorizes the KBE to designate an agency to manage interscholastic athletics in the common schools. The regulation designates the KHSAA as that agent at both the high school and middle school levels, and incorporates by reference the KHSAA Handbook, which consists of the KHSAA Constitution, Bylaws, Due Process Procedure, and Board of Control Policies to provide rules and guidance to the member schools and districts governing sporting events. The amendments in the Bylaws are made annually, according to the process outlined in the Constitution, and reflect input given by member schools and districts on changes that need to be made to provide a sounder structure of governance.
(d) How the amendment will assist in the effective administration of the statutes:
See (c) above.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
171 School Districts; students participating in interscholastic athletics
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
There will be minimal impact because of the nature of the changes to the regulation. There are requirements that continue to be placed on schools and coaching personnel, However, the training required to meet these requirements will be provided at no costs to the schools, administrators, or the coaching personnel resulting in a safer and more complete education-based athletic experience for the Commonwealth’s student-athletes. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Minimal
(b) On a continuing basis:
None
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
KHSAA is funded through membership dues, as well as from gate receipts and sponsorships related to the various state championships.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
None
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
None
(9) TIERING: Is tiering applied?
Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all school districts.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
School districts, the Department of Education, and the Kentucky High School Athletic Association.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 156.070.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
There is no additional expense to the school districts or the department as a result of this administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
The costs associated to the KHSAA in administrating this program for the first year are minimal.
(d) How much will it cost to administer this program for subsequent years?
The costs associated to the KHSAA in administrating this program in subsequent years are minimal.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
None
Expenditures (+/-):
Minimal
Other Explanation:
N/A
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Minimal to none.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Minimal to none.
(c) How much will it cost the regulated entities for the first year?
There should be little to no additional costs associated for regulated entities for the first year.
(d) How much will it cost the regulated entities for subsequent years?
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
None
Expenditures (+/-):
None over current expenditures.
Other Explanation:
N/A
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major impact as defined above.