OAG 96-027.
Case Date | June 27, 1996 |
Court | Kentucky |
Kentucky Attorney General Opinions
1996.
OAG 96-027.
June 27, 1996OAG 96-27This is an
official copy of the following document. Subject:
Home-schooled students participating in interscholastic
sports.Written by: Diane Schuler Fleming
Requested by: Edward P.
Roark, attorney, Garrard County Board of Education; Jerry L. Horn, attorney;
and Mark H. Metcalf, Garrard County AttorneySyllabus: In the absence of a protected property
interest, a school board may choose to preclude home-schooled and
out-of-district students from participating in a school-sanctioned basketball
league.Constitutional provisions: United
States Constitution, Amendment XIV, 1 OPINION OF THE
ATTORNEY GENERAL The following questions have been presented to the Office of the
Attorney General for consideration:
1. May a local school board legally preclude all "home-bound" and
out-of-district students from participation in a school sanctioned basketball
league?
2. Under Kentucky Constitution Sections 184 and 186, may a local
school board expend its funds to pay a corresponding share of the costs of
providing a gymnasium, facilities, maintenance personnel, etc., for use by
home-bound students (for whom no state funds are
paid to the local school) in a school-funded little league
basketball program?
3. Is a local board under an obligation to permit home-bound
students to participate in a basketball league when such students are not
covered by the school's liability insurance policy?
Note: The questions presented for our review make reference to
"home-bound" students. This term is commonly used to refer to students who, for
example, due to illness, are out of school for an extended period of time.
Therefore, for purposes of this opinion, we are presuming that the requester
intended to use the term "home-schooled" students.
I.
The Garrard County Youth Basketball League
During the 1991 - 1992 school year, school sports teams on the
elementary level were discontinued in Garrard County following incidents of
property damage, alcohol consumption and vandalism. In an effort to gain
control of the situation and reinstate sports activities, the elementary school
principals in Garrard County agreed to form and support a little league
program. Separate leagues were formed for football, basketball and baseball.
According to Garrard County Superintendent, Dr. William Wesley,
the Garrard County Youth Basketball League has close ties to the school system.
A commissioner is appointed by the school board to administer the program. In
addition, the program is supervised by the Elementary Activities Director who
is also responsible for auditing the books each year. Parents participate in
the program as volunteer coaches, subject to approval by the school board.
Proceeds from the basketball games are returned to the little league fund, and
the league is permitted to use school facilities at no charge.
Clearly, the Garrard County Youth Basketball League possesses
unusual characteristics which results in some distinctions from more
traditional interscholastic sports teams. However, in...
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