AN ACT relating to school lunches.

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AN ACT relating to school lunches. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 160.345 is amended to read as follows: 3
(1) For the purpose of this section: 4
(a) "Minority" means American Indian; Alaskan native; African -American; 5
Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or 6
South American origin; P acific islander; or other ethnic group 7
underrepresented in the school; 8
(b) "School" means an elementary or secondary educational institution that is 9
under the administrative control of a principal and is not a program or part of 10
another school. The term "s chool" does not include district -operated schools 11
that are: 12
1. Exclusively vocational -technical, special education, or preschool 13
programs; 14
2. Instructional programs operated in institutions or schools outside of the 15
district; or 16
3. Alternative schools designed to provide services to at -risk populations 17
with unique needs; 18
(c) "Teacher" means any person for whom certification is required as a basis of 19
employment in the public schools of the state, with the exception of principals 20
and assistant principals; and 21
(d) "Parent" means: 22
1. A parent, stepparent, or foster parent of a student; or 23
2. A person who has legal custody of a student pursuant to a court order 24
and with whom the student resides. 25
(2) Each local board of education shall adopt a policy for implementing school -based 26
decision making in the district which shall include but not be limited to a 27
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description of how the district's policies, including those developed pursuant to 1
KRS 160.340, have been amended to allow the professional staff members of a 2
school to be involved in the decision -making process as they work to meet 3
educational goals established in KRS 158.645 and 158.6451. The policy may 4
include a requirement that each s chool council make an annual report at a public 5
meeting of the board describing the school's progress in meeting the educational 6
goals set forth in KRS 158.6451 and district goals established by the board. The 7
policy shall also address and comply with the following: 8
(a) Except as provided in paragraph (b)2. of this subsection, each participating 9
school shall form a school council composed of two (2) parents, three (3) 10
teachers, and the principal or administrator. The membership of the council 11
may be increas ed, but it may only be increased proportionately. A parent 12
representative on the council shall not be an employee or a relative of an 13
employee of the school in which that parent serves, nor shall the parent 14
representative be an employee or a relative of an employee in the district 15
administrative offices. A parent representative shall not be a local board 16
member or a board member's spouse. None of the members shall have a 17
conflict of interest pursuant to KRS Chapter 45A, except the salary paid to 18
district employees; 19
(b) 1. The teacher representatives shall be elected for one (1) year terms by a 20
majority of the teachers. A teacher elected to a school council shall not 21
be involuntarily transferred during the teacher representative's term of 22
office. The parent representatives shall be elected for one (1) year terms. 23
The parent members shall be elected by the parents of students 24
preregistered to attend the school during the term of office in an election 25
conducted by the parent and teacher organization of the schoo l or, if 26
none exists, the largest organization of parents formed for this purpose. 27
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Council elections may allow voting to occur over multiple days and via 1
electronic means. A school council, once elected, may adopt a policy 2
setting different terms of office for parent and teacher members 3
subsequently elected. The principal shall be the chair of the school 4
council. 5
2. School councils in schools having eight percent (8%) or more minority 6
students enrolled, as determined by the enrollment on the preceding 7
October 1, shall have at least one (1) minority member. If the council 8
formed under paragraph (a) of this subsection does not have a minority 9
member, the principal, in a timely manner, shall be responsible for 10
carrying out the following: 11
a. Organizing a special election to elect an additional member. The 12
principal shall call for nominations and shall notify the parents of 13
the students of the date, time, and location of the election to elect a 14
minority parent to the council by ballot; and 15
b. Allowing the teachers in the building to select one (1) minority 16
teacher to serve as a teacher member on the council. If there are no 17
minority teachers who are members of the faculty, an additional 18
teacher member shall be elected by a majority of all teachers. 19
Term limitations shall not apply for a minority teacher member 20
who is the only minority on faculty; 21
(c) 1. The school council shall have the responsibility to set school policy that 22
shall be consistent with district board policy and which shall provide an 23
environment to e nhance the students' achievement and help the school 24
meet the goals established by KRS 158.645 and 158.6451 and goals for 25
the district established by the board. The principal shall be the primary 26
administrator and the instructional leader of the school, an d with the 27
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assistance of the total school staff shall administer the policies 1
established by the school council and the local board. 2
2. If a school council establishes committees, it shall adopt a policy to 3
facilitate the participation of interested person s, including [,] but not 4
limited to[,] classified employees and parents. The policy shall include 5
the number of committees, their jurisdiction, composition, and the 6
process for membership selection; 7
(d) The school council and each of its committees shall de termine the frequency 8
of and agenda for their meetings. Matters relating to formation of school 9
councils that are not provided for by this section shall be addressed by local 10
board policy; 11
(e) The meetings of the school council shall be open to the public and all 12
interested persons may attend. However, the exceptions to open meetings 13
provided in KRS 61.810 shall apply; 14
(f) After receiving notification of the funds available for the school from the local 15
board, the school council shall determine, within the parameters of the total 16
available funds, the number of persons to be employed in each job 17
classification at the school. The council may make personnel decisions on 18
vacancies occurring after the school council is formed but shall not have the 19
authority to recommend transfers or dismissals; 20
(g) The local superintendent shall determine which curriculum, textbooks, 21
instructional materials, and student support services shall be provided in the 22
school after consulting with the local board of education, the school principal, 23
and the school council and after a reasonable review and response period for 24
stakeholders in accordance with local board of education policy. Subject to 25
available resources, the local board shall allocate an appropriation to each 26
school that is adequate to meet the school's needs related to instructional 27
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materials and school -based student support services, as determined by the 1
school principal after consultation with the school council. The school council 2
shall consult with the school media libr arian on the maintenance of the school 3
library media center, including the purchase of instructional materials, 4
information technology, and equipment; 5
(h) Personnel decisions at the school level shall be as follows: 6
1. From a list of qualified applicants submitted by the local superintendent, 7
the principal at the participating school shall select personnel to fill 8
vacancies, after consultation with the school council, consistent with 9
paragraph (i) 12.[11.] of this subsection. The superintendent shall 10
provide additional applicants to the principal upon request when 11
qualified applicants are available. The superintendent may forward to 12
the school principal the names of qualified applicants who have pending 13
certification from the Education Professional Standards Board based on 14
recent completion of preparation requirements, out -of-state preparation, 15
or alternative routes to certification pursuant to KRS 161.028 and 16
161.048. Requests for transfer shall conform to any employer -employee 17
bargained contract which is in effect; 18
2. If the vacancy to be filled is the position of principal: 19
a. The superintendent shall fill the vacancy after consultation with 20
the school council consistent with paragraph (i) 12.[11.] of this 21
subsection; 22
b. Prior to consultation with the school council, each member shall 23
sign a nondisclosure agreement forbidding the disclosure of 24
information shared and discussions held during consultation; 25
c. A person who believes a violation of the nondisclosure agreement 26
referred to in subdivision b. of this subparagraph has occurred may 27
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file a written complaint with the Kentucky Board of Education; 1
and 2
d. A school council member found to have violated the nondisclosure 3
agreement referred to in subdivision b. of this subparagraph may 4
be subject to removal from the school council by the Kentucky 5
Board of Education under subsection (9)(e) of this section; 6
3. Notwithstanding subparagraph 2. of this paragraph, if the vacancy to be 7
filled is the position of principal in a county school district in a county 8
with a consolidated local government adopted under KRS Chapter 67C, 9
then: 10
a. The outgoing principal shall not serve on the council dur ing the 11
principal selection process. The superintendent or the 12
superintendent's designee shall serve as the chair of the council for 13
the purpose of the hiring process and shall have voting rights 14
during the selection process; 15
b. The council shall have acce ss to the applications of all persons 16
certified for the position. The principal shall be elected on a 17
majority vote of the membership of the council. The school 18
council shall receive training in recruitment and interviewing 19
techniques prior to carrying out the process of selecting a 20
principal. The council shall select the trainer to deliver the 21
training; and 22
c. Notwithstanding the requirement that a principal be elected by a 23
majority vote of the council, the selection of a principal shall be 24
subject to appr oval by the superintendent. If the superintendent 25
does not approve the principal selected by the council, then the 26
superintendent may select the principal; 27
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4. No principal who has been previously removed from a position in the 1
district for cause may be con sidered for appointment as principal in that 2
district; 3
5. Personnel decisions made at the school level under the authority of 4
subparagraph 1. of this paragraph shall be binding on the superintendent 5
who completes the hiring process; 6
6. Applicants subsequently employed shall provide evidence that they are 7
certified prior to assuming the duties of a position in accordance with 8
KRS 161.020; and 9
7. Notwithstanding other provisions of this paragraph, if the applicant is 10
the spouse of the superintendent and the a pplicant meets the service 11
requirements of KRS 160.380(3)(a), the applicant shall only be 12
employed upon the recommendation of the principal and the approval of 13
a majority vote of the school council; 14
(i) The school council shall adopt a policy that shall be consistent with local 15
board policy and shall be implemented by the principal in the following 16
additional areas: 17
1. Curriculum responsibilities under KRS 158.6453(19); 18
2. Assignment of all instructional and noninstructional staff time; 19
3. Assignment of students to classes and programs within the school; 20
4. Determination of the schedule of the school day and week, subject to the 21
beginning and ending times of the school day and school calendar year 22
as established by the local board; 23
5. Assignment of students to a lunch period of at least thirty (30) minutes 24
in length during the school day; 25
6. Determination of use of school space during the school day related to 26
improving classroom teaching and learning; 27
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7.[6.] Planning and resolution of issues regarding instructional practices; 1
8.[7.] Selection and implementation of discipline and classroom management 2
techniques as a part of a comprehensive school safety plan, including 3
responsibilities of the student, parent, teacher, counselor, and principal; 4
9.[8.] Selection of extracurricular programs and determination of policies 5
relating to student participation based on academic qualifications and 6
attendance requirements, program evaluation, and supervision; 7
10.[9.] Adoption of an emergency plan as required in KRS 158.162; 8
11.[10.] Procedures, consistent with local school board policy, for 9
determining alignment with state standards, technology utilization, and 10
program appraisal; and 11
12.[11.] Procedures to assist the council with consultation in the selection 12
of the principal by the superintendent, and the selection of personnel by 13
the principal, including but not limited to meetings, timelines, 14
interviews, review of written applications, and review of references. 15
Procedures shall address situations in which members of the c ouncil are 16
not available for consultation; and 17
(j) Each school council shall annually review data as shown on state and local 18
student assessments required under KRS 158.6453. The data shall include but 19
not be limited to information on performance levels of all students tested, and 20
information on the performance of students disaggregated by race, gender, 21
disability, and participation in the federal free and reduced price lunch 22
program. After completing the review of data, each school council, with the 23
involvement of parents, faculty, and staff, shall develop and adopt a plan to 24
ensure that each student makes progress toward meeting the goals set forth in 25
KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan 26
to the superintendent and local board of education for review as described in 27
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KRS 160.340. The Kentucky Department of Education shall provide each 1
school council the data needed to complete the review required by this 2
paragraph no later than October 1 of each year. If a school does not have a 3
council, the review shall be completed by the principal with the involvement 4
of parents, faculty, and staff. 5
(3) The policies adopted by the local board to implement school-based decision making 6
shall also address the following: 7
(a) School budget and administration, including: discretionary funds; activity and 8
other school funds; funds for maintenance, supplies, and equipment; and 9
procedures for authorizing reimbursement for training and other expenses; 10
(b) Assessment of individual student progress, including testing and reporting of 11
student progress to students, parents, the school district, the community, and 12
the state; 13
(c) School improvement plans, including the form and function of strategic 14
planning and its relationship to district planning, as well as the school safety 15
plan and requests for funding from the Center for School Safety under KRS 16
158.446; 17
(d) Professional development plans developed pursuant to KRS 156.095; 18
(e) Parent, citizen, and community participation including the relationship of the 19
council with other groups; 20
(f) Cooperation and collaboration within the district, with other districts, and with 21
other public and private agencies; 22
(g) Requirements for waiver of district policies; 23
(h) Requirements for record keeping by the school council; and 24
(i) A process for appealing a decision made by a school council. 25
(4) In addition to the authority granted to the school council in this section, the local 26
board may grant to the school council any other authority permitted by law. The 27
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board shall make available liability insurance coverage for the protection of all 1
members of the school council from liability arising in th e course of pursuing their 2
duties as members of the council. 3
(5) All schools shall implement school -based decision making in accordance with this 4
section and with the policy adopted by the local board pursuant to this section. 5
Upon favorable vote of a majo rity of the faculty at the school and a majority of at 6
least twenty -five (25) voting parents of students enrolled in the school, a school 7
meeting its goal as determined by the Department of Education pursuant to KRS 8
158.6455 may apply to the Kentucky Board of Education for exemption from the 9
requirement to implement school -based decision making, and the state board shall 10
grant the exemption. The voting by the parents on the matter of exemption from 11
implementing school -based decision making shall be in an el ection conducted by 12
the parent and teacher organization of the school or, if none exists, the largest 13
organization of parents formed for this purpose. Notwithstanding the provisions of 14
this section, a local school district shall not be required to implemen t school-based 15
decision making if the local school district contains only one (1) school. 16
(6) The Department of Education shall provide professional development activities to 17
assist schools in implementing school -based decision making. School council 18
members elected for the first time shall complete a minimum of six (6) clock hours 19
of training in the process of school -based decision making, no later than thirty (30) 20
days after the beginning of the service year for which they are elected to serve. 21
School council members who have served on a school council at least one (1) year 22
shall complete a minimum of three (3) clock hours of training in the process of 23
school-based decision making no later than one hundred twenty (120) days after the 24
beginning of the servi ce year for which they are elected to serve. Experienced 25
members may participate in the training for new members to fulfill their training 26
requirement. School council training required under this subsection shall be 27
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conducted by trainers endorsed by the Department of Education. By November 1 of 1
each year, the principal through the local superintendent shall forward to the 2
Department of Education the names and addresses of each council member and 3
verify that the required training has been completed. School c ouncil members 4
elected to fill a vacancy shall complete the applicable training within thirty (30) 5
days of their election. 6
(7) A school that chooses to have school -based decision making but would like to be 7
exempt from the administrative structure set fort h by this section may develop a 8
model for implementing school-based decision making, including but not limited to 9
a description of the membership, organization, duties, and responsibilities of a 10
school council. The school shall submit the model through the local board of 11
education to the commissioner of education and the Kentucky Board of Education, 12
which shall have final authority for approval. The application for approval of the 13
model shall show evidence that it has been developed by representatives of th e 14
parents, students, certified personnel, and the administrators of the school and that 15
two-thirds (2/3) of the faculty have agreed to the model. 16
(8) The Kentucky Board of Education, upon recommendation of the commissioner of 17
education, shall adopt by admi nistrative regulation a formula by which school 18
district funds shall be allocated to each school council. Included in the school 19
council formula shall be an allocation for professional development that is at least 20
sixty-five percent (65%) of the district's per pupil state allocation for professional 21
development for each student in average daily attendance in the school. The school 22
council shall plan professional development in compliance with requirements 23
specified in KRS 156.095, except as provided in KRS 158.649. School councils of 24
small schools shall be encouraged to work with other school councils to maximize 25
professional development opportunities. 26
(9) (a) No board member, superintendent of schools, district employee, or member of 27
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a school council shall intentionally engage in a pattern of practice which is 1
detrimental to the successful implementation of or circumvents the intent of 2
school-based decision making to allow the professional staff members of a 3
school and parents to be involved in the decision making process in working 4
toward meeting the educational goals established in KRS 158.645 and 5
158.6451 or to make decisions in areas of policy assigned to a school council 6
pursuant to paragraph (i) of subsection (2) of this section. 7
(b) An affected party w ho believes a violation of this subsection has occurred 8
may file a written complaint with the Office of Education Accountability. The 9
office shall investigate the complaint and resolve the conflict, if possible, or 10
forward the matter to the Kentucky Board of Education. 11
(c) The Kentucky Board of Education shall conduct a hearing in accordance with 12
KRS Chapter 13B for complaints referred by the Office of Education 13
Accountability. 14
(d) If the state board determines a violation has occurred, the party shall be 15
subject to reprimand. A second violation of this subsection may be grounds 16
for removing a superintendent or a member of a school council from office or 17
grounds for dismissal of an employee for misconduct in office or willful 18
neglect of duty. 19
(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the 20
state board determines a violation of the nondisclosure agreement required by 21
subsection (2)(h)2.b. of this section by a school council member has occurred, 22
the state board shall remove the member from the school council, and the 23
member shall be permanently prohibited from serving on any school council 24
in the district. 25
(10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or 26
maintain a school -based decisio n making council and the powers, duties, and 27
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authority granted to a school council may be rescinded or the school council's role 1
may be advisory if the commissioner of education or the Kentucky Board of 2
Education takes action under KRS 160.346. 3
(11) Each school council of a school containing grades K -5 or any combination thereof, 4
or if there is no school council, the principal, shall develop and implement a 5
wellness policy that includes moderate to vigorous physical activity each day and 6
encourages healthy choices among students. The policy may permit physical 7
activity to be considered part of the instructional day, not to exceed thirty (30) 8
minutes per day, or one hundred and fifty (150) minutes per week. Each school 9
council, or if there is no school council, the principal, shall adopt an assessment tool 10
to determine each child's level of physical activity on an annual basis. The council 11
or principal may utilize an existing assessment program. The Kentucky Department 12
of Education shall make available a list of available resources to carry out the 13
provisions of this subsection. The department shall report to the Legislative 14
Research Commission no later than November 1 of each year on how the schools 15
are providing physical activity under this subsection and on the types of physical 16
activity being provided. The policy developed by the school council or principal 17
shall comply with provisions required by federal law, state law, or local board 18
policy. 19
Section 2. KRS 158.153 is amended to read as follows: 20
(1) Unless the action is taken pursuant to KRS 158.150, no school, school 21
administrator, teacher, or other school employee shall expel or punish a child based 22
on information contained in a record of an adjudication of delinquency o r 23
conviction of an offense received by the school pursuant to KRS 610.345 or from 24
any other source. Nothing in this subsection shall be construed to prohibit a local 25
school board or school official from instituting disciplinary proceedings against any 26
student for violating the discipline policy of the school or school district or taking 27
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actions necessary to protect staff and students. Actions to protect staff and students 1
may be taken only after the principal makes a determination that the conduct of the 2
student reflected in the records of the school or obtained by the school from the 3
court indicates a substantial likelihood of an immediate and continuing threat that 4
the student will cause harm to students or staff, and that the restrictions to be 5
ordered re present the least restrictive alternative available and appropriate to 6
remedy the threat, and that the determination and supporting material be 7
documented in the child's record. The action of the principal, in addition to or in 8
lieu of any other procedure available, may be appealed by the child or the child's 9
parent or guardian to the superintendent of the school system or to the Circuit Court 10
in the county in which the school is located, and the appealing party may be 11
represented by counsel. 12
(2) Except as provided in KRS 610.345, no school, school administrator, teacher, or 13
other school employee who has custody of records received or maintained by the 14
school pursuant to KRS 610.345 or who has received information contained in or 15
relating to a record receive d by the school pursuant to KRS 610.345 shall disclose 16
the fact of the record's existence, or any information contained in the record or 17
received from the record to any other person, including but not limited to other 18
teachers, school employees, pupils, or parents other than the pupil, or parents of the 19
pupil who is the subject of the record. 20
(3) The child and his or her parent or guardian shall have a civil cause of action against 21
the school board and against any school administrator violating subsection (1) or (2) 22
of this section or divulging information in violation of KRS 610.345 or 610.340. 23
This civil cause of action shall be in addition to any other criminal or administrative 24
remedy provided by law. 25
(4) Nothing in this section shall be construed to pro hibit a local board of education 26
from establishing districtwide standards of behavior for students who participate in 27
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extracurricular and cocurricular activities, including athletics. A school principal 1
may deny or terminate a student's eligibility to part icipate in extracurricular or 2
cocurricular activities if the student has violated the local district behavior standards 3
or the council's criteria for participation, as described in KRS 160.345(2)(i) 9.[8.] A 4
student's right to participate in extracurricular or cocurricular activities, including 5
athletics, may be suspended, pending investigation of an allegation that the 6
standards of behavior have been violated. 7