AGO 1989-039.

• Case Date: April 05, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-039. April 5, 1989ATTORNEY GENERAL OPINION NO. 89-39George Anshutz Superintendent Wabaunsee East U.S.D. No. 330 P.O. Box 158 Eskridge, Kansas 66423-0158 Re: Schools--General Provisions--High School Activities Association; Policies Synopsis: It is our opinion that the Kansas State High School Activities Association is authorized by statute to make reasonable rules regarding activities. In effect, such rules become a civil contract between the members of the association, and are valid if reasonable and not in contravention of the law. Those subject to the rule include the high schools and their employees, as well as students. A rule, as interpreted by the association, which defines sportsmanship, is constitutional and not violative of First Amendment rights so long as it is enforced only when conduct materially disrupts the school activity or involves substantial disorder or invasion of the right of others. Student expression may be restricted to the extent of reasonable time, place and manner regulations imposed to conform with the forum's basic requirements. Cited herein: K.S.A. 72-130; 72-133; U.S. Const. Amend. I * * * Dear Mr. Anshutz: At the request of the Board of Education and as Superintendent of Unified School District No. 330, you have requested our opinion concerning the legality of a regulation that was recently adopted by the Kansas State High Schools Activities Association (KSHSAA). Rule 52 addresses sportsmanship and, as interpreted by the association, describes desirable and unacceptable behavior in school athletic events. Specifically you ask whether Rule 52 is within the authority of the association, whether the association has the authority to establish desirable and undesirable behavior, whether the rule and interpretations can be enforced on the general public and people not actually attending school, and whether the rule and its interpretations violate the free speech provisions of the First Amendment to the United States Constitution [U.S. Const. Amend I]. Your first questions relate to the authority of the association to make rules which establish desirable and undesirable behavior. The legislature has exercised its power of regulating school activities by enacting K.S.A. 72-130 et seq. These statutes govern high school activities associations, describe their internal structures, and provide for an appeal process for their decisions. By its terms, the act applies to:

"Any association with a majority of the high schools of the state as members and the purpose of which association is the statewide regulation, supervision, promotion, or development of any of the

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