OAG 96-027.

Case DateJune 27, 1996
CourtKentucky
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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT