AN ACT relating to students.

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AN ACT relating to students. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 159 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A parent, guardian, or other person having custody or charge of a child subject to 5
compulsory attendance under this chapter shall be permitted to enroll the child as 6
a student in a public school district on a part-time basis for courses offered in the 7
district's schools. Part-time enrollment under this section may partially satisfy the 8
compulsory attendance requirements of this chapter. If the child is: 9
(a) A resident of the district, the district shall enroll the child and assign him or 10
her to a school subject to the same policies and procedures used in enrolling 11
and assigning other resident students; or 12
(b) Not a resident of the district, the child shall be subject to the district's 13
nonresident pupil policy required under Section 2 of this Act in the same 14
manner as other nonresident pupils. 15
(2) If a part -time student enrolled under this section wishes to enroll into a specific 16
educational program or course offered to other students by a public school: 17
(a) The part-time student shall be subject to the same eligibility requirements, 18
responsibilities, and standards as other students; and 19
(b) The school shall not discriminate against the student based on part -time 20
status in placement in a given educational program or course. 21
(3) A part-time student enrolled under this section may participate in school activities 22
and extracurricular activities in the same manner and subject to the same rules, 23
policies, and standards as full -time students, except that a part -time student shall 24
not be eligible for participation at the public school in interscholastic ath letics 25
governed by the Kentucky Board of Education or the agency designated by the 26
board for the management of interscholastic athletics. A part -time student may 27
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retain eligibility at any nonpublic school in which the student is enrolled, subject 1
to the rules, policies, and standards set forth by the Kentucky Board of Education 2
or the agency designated by the board for the management of interscholastic 3
athletics. 4
(4) The Kentucky Board of Education shall promulgate administrative regulations in 5
accordance with KRS Chapter 13A as necessary to carry out this section. 6
Section 2. KRS 158.120 is amended to read as follows: 7
(1) Each local[A] board of education shall adopt a nonresident pupil policy to govern 8
the terms under whic h the district shall allow enrollment of nonresident pupils. 9
[Upon allowing nonresident pupil enrollment, ]The policy: 10
(a) Shall: 11
1. Allow nonresident children to be eligible to enroll in any public school 12
located within the district;[. The policy shall ] 13
2. Not discriminate against any nonresident pupil on the basis of the 14
pupil's residential address, ability level, socioeconomic status, or status 15
in a protected class under state or federal law; 16
3. Provide preferential consideration to nonresident pupils w ho were 17
enrolled in the district in the preceding school year; [between 18
nonresident pupils, but may recognize enrollment capacity, as 19
determined by the local school district. The nonresident pupil policy and 20
any subsequent changes adopted by a board of education shall ] 21
4. Be filed , along with any subsequent changes to the policy, with the 22
Kentucky Department of Education no later than thirty (30) days 23
following their adoption; and 24
5. Be published on the district's website; and 25
(b) May provide preferential consideration to non resident pupils with a sibling 26
enrolled in the district. 27
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(2) (a) Any local board of education may charge a reasonable tuition fee per month 1
for each child attending its schools if: 2
1. The child's [whose] parent, guardian, or other legal custodian is not a 3
bona fide resident of the district; and 4
2. The board of education of the school district in which the pupil resides 5
does not make provision for the child's education within that district. 6
A tuition fee is charged under this paragraph sh all be paid by the board of 7
education of the school district in which the pupil resides. 8
(b) A local board of education shall not charge a tuition fee for a nonresident 9
child attending its schools when the board of education of the school district 10
in which the pupil resides is not required to pay the fee. 11
(c) Any controversy as to a tuition[the] fee shall be submitted to the Kentucky 12
Board of Education for final settlement.[ The fee shall be paid by the board of 13
education of the school district in which the pupil resides, except in cases 14
where the board makes provision for the child's education within his or her 15
district.] If a board of education is required to pay a pupil's tuition fee, the 16
pupil shall be admitted to a school only upon proper certificate of the local 17
board of education of the school district in which he or she resides. 18
(3) When it appears to the board of education of any school district that it is convenient 19
for a pupil of any grade residing in that district to attend an approved public scho ol 20
in another district, the board of education may enter into a tuition contract with the 21
public school authorities of the other school district for that purpose, but before a 22
contract is entered into with public school authorities in another state the sch ool 23
shall have been approved by the state school authorities of that state through the 24
grades in which the pupil belongs. When a district undertakes, under operation of a 25
tuition contract or of law, to provide in its school for pupils residing in another 26
district, the district of their residence shall share the total cost of the school, 27
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including transportation when furnished at public expense, in proportion to the 1
number of pupils or in accordance with contract agreement between the two (2) 2
boards. 3
(4) Each school district shall: 4
(a) Determine the capacity of each grade level for each school; and 5
(b) Be responsible for posting the number of available seats remaining for each 6
grade and for each school on the district's website by August 1 of each year, 7
and for providing updated information by October 1, January 1, and March 8
1 of each year. 9
(5) (a) The Kentucky Board of Education shall develop and publish a nonresident 10
pupil enrollment application form to be utilized by parents or guardians of 11
pupils seeking e nrollment as a nonresident pupil in a particular school 12
district under this section. 13
(b) The parent or guardian of a pupil seeking enrollment shall submit a 14
completed application form to the local board of education of the district in 15
which the pupil seeks to be enrolled. 16
(c) Within fifteen (15) calendar days of the receipt of a completed nonr esident 17
pupil enrollment application, a local board of education or a designee 18
appointed by the board to manage nonresident pupil enrollment shall 19
provide written notification to the applicant of the approval or disapproval 20
of the application. If the local board of education or designee disapproves 21
an application, the written notification shall include the applicable basis for 22
the disapproval and the evidence substantially relied upon to reach that 23
decision. A disapproval shall be based only upon the following: 24
1. The pupil has been expelled from a school or district where the pupil 25
was previously enrolled; 26
2. The pupil has a documented history of significant disciplinary issues 27
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resulting in disciplinary actions being taken against him or her; 1
3. The pupil h as a documented history as a habitual truant under KRS 2
159.150; 3
4. The pupil has a document history of chronic absenteeism defined as a 4
student missing ten percent (10%) or more of yearly school time for 5
excused or unexcused reasons throughout the school year; or 6
5. There is insufficient capacity at the requested school in the requested 7
grade level. 8
(d) Within thirty (30) calendar days of receiving written notification of 9
disapproval of an application, an applicant may appeal the disapproval to 10
the Kentucky Board of Education. Upon appeal, an administrative hearing 11
shall be conducted in accordance with KRS Chapter 13B. 12
(6) As used in this subsection, "virtual program" has the same meaning as in KRS 13
157.320. A school district may enroll nonresident pupils on a full -time basis in 14
kindergarten through grade twelve (12) in a virtual program established under KRS 15
158.100 by that district. Nonresident pupil enrollment shall be subject to the 16
following requirements: 17
(a) Beginning with the 2025 -2026 school year, the statewide total enrollment of 18
nonresident pupils in virtual programs offered by school districts shall not 19
exceed an enrollment cap of one percent (1%) of the previous year's total 20
statewide student enrollment in all school districts. By July 1, 2025, and each 21
year thereafter until June 30, 2028, the Kentucky Department of Education 22
shall publish on its website the previous year's total statewide student 23
enrollment in all school districts and the one percent (1%) value of that 24
number. The information shall remain on the website for the remainder of 25
each school year; 26
(b) Each school district shall report in the student information system the 27
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nonresident pupils enrolled in the district's virtual programs. The department 1
shall monitor the number of statewide to tal enrollment of nonresident pupils 2
in virtual programs; 3
(c) If the number of statewide total enrollment of nonresident pupils in virtual 4
programs reaches eighty -five hundredths of one percent (0.85%) of the 5
previous year's total statewide student enrollm ent in all school districts, the 6
department shall alert all school districts operating virtual programs that the 7
nonresident enrollment cap has almost been reached. Upon receiving the alert, 8
a school district shall notify any nonresident pupil seeking enro llment in a 9
virtual program operated by the school district that the pupil will be 10
provisionally enrolled until the department can confirm that the pupil's 11
enrollment would not exceed the enrollment cap, and shall report the pupil as 12
provisionally enrolled in the student information system. If the department 13
determines that a pupil's enrollment would exceed the enrollment cap, the 14
department shall notify the school district that the pupil cannot be approved 15
for enrollment due to the enrollment cap. The depa rtment shall determine 16
whether the pupil's enrollment will exceed the enrollment cap and provide 17
notice to the school district of the determination. If the department fails to 18
provide the school district with the determination within two (2) business 19
days, the pupil shall be deemed to not exceed the enrollment cap and the 20
provisional status shall be removed; 21
(d) If the nonresident enrollment cap is reached, the department shall notify all 22
school districts operating virtual programs and that no additional no nresident 23
pupils shall be enrolled until such time as nonresident enrollment falls below 24
the enrollment cap; 25
(e) After reaching the nonresident enrollment cap, if the number of statewide total 26
enrollment of nonresident pupils in virtual programs falls back below the 27
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enrollment cap, the department shall notify all school districts operating 1
virtual programs that nonresident enrollment may resume again, but any 2
nonresident pupils enrolled for the remainder of the school year shall be 3
provisionally enrolled, f ollowing the same process outlined in paragraph (c) 4
of this subsection; and 5
(f) The nonresident enrollment cap established in this subsection shall not apply 6
to any of the following pupils: 7
1. A sibling of a pupil already enrolled into the same virtual program; 8
2. A pupil who is a dependent of a member of the Armed Forces of the 9
United States; or 10
3. A pupil with a medical condition for which enrolling into the virtual 11
program may be beneficial to the pupil, which shall be evidenced in a 12
written statement signed by the pupil's physician. 13
All documentation related to these exceptions to the nonresident enrollment 14
cap shall be maintained by the school district enrolling the nonresident pupil 15
as part of the pupil's official record. 16
(7)[(5)] A school district operating a virtual program that enrolls nonresident pupils 17
shall no longer continue the enrollment of nonresident pupils in the program after 18
June 30, 2028, unless explicit permission to do so is provided by the General 19
Assembly. 20
(8) (a) Each school district shall: 21
1. Report in the student information system and to the Kentucky 22
Department of Education the nonresident pupils enrolled in the 23
district; and 24
2. Report to the Kentucky Department of Education by June 1 of each 25
year the number of nonresident pupil enrollment applications 26
received, the number of approvals and disapprovals of submitted 27
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applications, and the basis provided to the applicant for each 1
disapproval. 2
(b) The Kentucky Department of Education shall compile the information 3
submitted by each school district under paragraph (a) of this subsection 4
and publish a report on its website by July 1 of each year detailing the 5
nonresident pupil enrollment in each district, as well as statewide 6
information on the number of applicants for nonresident pupil enrollment, 7
the number of approvals and disapprovals, and a breakdown of the basis 8
provided by the district for disapproval. 9
(9) The Kentucky Board of Education shall promulgate administrative regulations in 10
accordance with KRS Chapter 13A as necessary to carry out this section. 11
SECTION 3. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 12
READ AS FOLLOWS: 13
(1) As used in this section: 14
(a) "Attendance percentage" means the proportion of student attendance days 15
during the school year in which a student was in attendance or was absent 16
with a valid excuse; 17
(b) "Eligible local district" means a local school district enrolling nonresident 18
pupils who are not subject to a tuition fee under Section 2 of this Act; 19
(c) "Local per pupil revenue": 20
1. Means the per pupil calculation, using the average daily attendance 21
for the prior year, of: 22
a. All taxes and payments in lieu of taxes collected by a local 23
government and transferred to a local school district, except 24
funds excluded pursuant to subparagraph 2. of this paragraph; 25
and 26
b. All taxes and payments in lieu of taxes levied and collected by a 27
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local school district, except funds excluded pursuant to 1
subparagraph 2. of this paragraph; and 2
2. Does not include: 3
a. A local capital outlay funds that are restricted in use pursuant to 4
KRS 157.420(4); and 5
b. Funds under KRS 157.440(1)(b) and 157.621 necessary to meet 6
debt service obligations on bonds or other financing mechanisms 7
for new construction and renovation projects for school 8
facilities; and 9
(d) "Qualifying nonresident pupil" means a nonresident pupil enrolled in an 10
eligible local district. 11
(2) To the extent funds are appropriated by the General Assemb ly to support 12
nonresident pupil enrollment, the Kentucky Department of Education shall 13
distribute to eligible local districts all general funds designated to support 14
nonresident pupil enrollment, as follows: 15
(a) On or before June 30 of each year, funds to support nonresident pupil 16
enrollment shall be divided and allocated to each eligible local district based 17
on that district's proportionate share of credits compared to the statewide 18
total number of credits; and 19
(b) To calculate an eligible local district's share of credits, the department shall 20
create a formula that: 21
1. Calculates the difference in local per pupil revenue raised during the 22
prior year between a qualifying nonresident pupil's district of 23
residence and district of enrollment; 24
2. Does not award credits when the local per pupil revenue of the pupil's 25
district of residence exceeds the local per pupil revenue of the pupil's 26
district of enrollment; 27
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3. Determines the credit amount for each qualifying nonresident pupil by 1
multiplying the attendance pe rcentage of each qualifying nonresident 2
pupil by the calculated difference in local per pupil revenue between 3
the district of residence and the district of enrollment; and 4
4. Adds together the credit amount for each qualifying nonresident pupil 5
within an e ligible local district to determine the total credits for the 6
eligible local district. 7
(3) Notwithstanding the provisions of subsection (2) of this section, two (2) or more 8
eligible local districts may enter into an agreement to provide nonresident pupil 9
enrollment for students of those districts subject to the agreement and set the 10
tuition fee to be charged, if any, if the tuition fee is charged to the applicable local 11
board of education consistent with subsection (3) of Section 2 of this Act. Eligible 12
local districts electing to enter into agreements for nonresident pupil enrollment 13
shall not be eligible for state funds for the support of nonresident pupil 14
enrollment for students of the districts subject to the agreement. 15
Section 4. KRS 157.350 is amended to read as follows: 16
Each district which meets the following requirements shall be eligible to share in the 17
distribution of funds from the fund to support education excellence in Kentucky: 18
(1) Employs and compensates all teachers for not less than one hundred eighty -five 19
(185) days. The Kentucky Board of Education, upon recommendation of the 20
commissioner of education, shall prescribe procedures by which this requirement 21
may be reduced during any year for any district which employs teachers for less 22
than one hundred and eighty -five (185) days, in which case the eligibility of a 23
district for participation in the public school fund shall be in proportion to the 24
length of time teachers actually are employed; 25
(2) Operates all sc hools for a minimum school term as provided in KRS 158.070 and 26
administrative regulations of the Kentucky Board of Education. If the school term is 27
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less than one hundred eighty -five (185) days, including not less than one hundred 1
seventy (170) student atte ndance days as defined in KRS 158.070 or one thousand 2
sixty-two (1,062) hours of instructional time, for any reason not approved by the 3
Kentucky Board of Education on recommendation of the commissioner, the 4
eligibility of a district for participation in th e public school fund shall be in 5
proportion to the length of term the schools actually operate; 6
(3) Compensates all teachers on the basis of a single salary schedule and in conformity 7
with the provisions of KRS 157.310 to 157.440; 8
(4) Includes no nonresident pupils in its average daily attendance, except: 9
(a) [1. Until July 1, 2022, pupils listed under a written agreement, which may 10
be for multiple years, with the district of the pupils' legal residence. 11
2. If an agreement cannot be reached, either board may appeal to the 12
commissioner for settlement of the dispute. 13
3. The commissioner shall have thirty (30) days to resolve the dispute. 14
Either board may appeal the commissioner's decision to the Kentucky 15
Board of Education. 16
4. The commissioner and the Kentucky Board of Education shall consider 17
the factors affecting th e districts, including but not limited to academic 18
[performance and the impact on programs, school facilities, 19
transportation, and staffing of the districts. 20
5. The Kentucky Board of Education shall have sixty (60) days to approve 21
or amend the decision of the commissioner; 22
(b) Beginning July 1, 2022, ] Those nonresident pupils admitted pursuant to 23
district nonresident pupil policies adopted under Section 2 of this Act [KRS 24
158.120]; and 25
(b)[(c)] A nonresident pupil who attends a district in which a parent of the pupil 26
is employed[. All tuition fees required of a nonresident pupil may be waived 27
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for a pupil who meets the requirements of this paragraph]. 1
This subsection does not apply to those pupils enrolled in an approved class 2
conducted in a hospital and pupi ls who have been expelled for behavioral reasons 3
who shall be counted in average daily attendance under KRS 157.320; 4
(5) Any secondary school which maintains a basketball team for boys for other than 5
intramural purposes, shall maintain the same program for girls; 6
(6) Any school district which fails to comply with subsection (5) of this section shall be 7
prohibited from participating in varsity competition in any sport for one (1) year. 8
Determination of failure to comply shall be made by the Department of Edu cation 9
after a hearing requested by any person within the school district. The hearing shall 10
be conducted in accordance with KRS Chapter 13B. A district under this subsection 11
shall, at the hearing, have an opportunity to show inability to comply. 12
Section 5. KRS 156.070 is amended to read as follows: 13
(1) The Kentucky Board of Education shall have the management and control of the 14
common schools and all programs operated in these schools, including 15
interscholastic athletics, the Kentucky School for the Deaf, the Kentucky School for 16
the Blind, and community education programs and services. 17
(2) The Kentucky Board of Education may designate an organization or agency to 18
manage interscholastic athletics in the common schools, pro vided that the rules, 19
regulations, and bylaws of any organization or agency so designated shall be 20
approved by the board, and provided further that any administrative hearing 21
conducted by the designated managing organization or agency shall be conducted in 22
accordance with KRS Chapter 13B. 23
(a) The state board or its designated agency shall assure through promulgation of 24
administrative regulations that if a secondary school sponsors or intends to 25
sponsor an athletic activity or sport that is similar to a spor t for which 26
National Collegiate Athletic Association members offer an athletic 27
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scholarship, the school shall sponsor the athletic activity or sport for which a 1
scholarship is offered. The administrative regulations shall specify which 2
athletic activities a re similar to sports for which National Collegiate Athletic 3
Association members offer scholarships. 4
(b) Beginning with the 2003 -2004 school year, the state board shall require any 5
agency or organization designated by the state board to manage interscholastic 6
athletics to adopt bylaws that establish as members of the agency's or 7
organization's board of control one (1) representative of nonpublic member 8
schools who is elected by the nonpublic school members of the agency or 9
organization from regions one (1) t hrough eight (8) and one (1) representative 10
of nonpublic member schools who is elected by the nonpublic member 11
schools of the agency or organization from regions nine (9) through sixteen 12
(16). The nonpublic school representatives on the board of control shall not be 13
from classification A1 or D1 schools. Following initial election of these 14
nonpublic school representatives to the agency's or organization's board of 15
control, terms of the nonpublic school representatives shall be staggered so 16
that only one (1) nonpublic school member is elected in each even -numbered 17
year. 18
(c) The state board or any agency designated by the state board to manage 19
interscholastic athletics shall not promulgate rules, administrative regulations, 20
or by laws that prohibit pupils in gr ades seven (7) to eight (8) from 21
participating in any high school sports except for high school varsity soccer, 22
football, and boys or coed lacrosse, or from participating on more than one (1) 23
school-sponsored team at the same time in the same sport. The Ke ntucky 24
Board of Education, or an agency designated by the board to manage 25
interscholastic athletics, may promulgate administrative regulations 26
restricting, limiting, or prohibiting participation in high school varsity soccer 27
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and football for students who h ave not successfully completed the eighth 1
grade. 2
(d) 1. The state board or any agency designated by the state board to manage 3
interscholastic athletics shall allow a member school's team or students 4
to play against students of a nonmember at -home private s chool, or a 5
team of students from nonmember at -home private schools, if the 6
nonmember at -home private schools and students comply with this 7
subsection. 8
2. A nonmember at -home private school's team and students shall comply 9
with the rules for student-athletes, including rules concerning: 10
a. Age; 11
b. School semesters; 12
c. Scholarships; 13
d. Physical exams; 14
e. Foreign student eligibility; and 15
f. Amateurs. 16
3. A coach of a nonmember at -home private school's team shall comply 17
with the rules concerning certification o f member school coaches as 18
required by the state board or any agency designated by the state board 19
to manage interscholastic athletics. 20
4. This subsection shall not allow a nonmember at -home private school's 21
team to participate in a sanctioned: 22
a. Conference; 23
b. Conference tournament; 24
c. District tournament; 25
d. Regional tournament; or 26
e. State tournament or event. 27
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5. This subsection does not allow eligibility for a recognition, award, or 1
championship sponsored by the state board or any agency designated by 2
the state board to manage interscholastic athletics. 3
6. A nonmember at-home private school's team or students may participate 4
in interscholastic athletics permitted, offered, or sponsored by the state 5
board or any agency designated by the state board to manage 6
interscholastic athletics. 7
(e) 1. Every local board of education shall require an annual medical 8
examination performed and signed by a physician, physician assistant, 9
advanced practice registered nurse, or chiropractor, if performed within 10
the professional's scope of practice, for each student seeking eligibility 11
to participate in any school athletic activity or sport. 12
2. Any interscholastic athletics participation consent form that is adopted 13
by the Kentucky Board of Education or any organization or agency 14
designated by the state board to manage interscholastic athletics shall 15
include the following information: 16
a. A student -athlete may r eport instances of child dependency, 17
neglect, and abuse to any adult; 18
b. Any person who knows or has reasonable cause to believe that a 19
child is dependent, neglected, or abused shall report that 20
information pursuant to KRS 620.030; and 21
c. References to instructions on reporting child dependency, neglect, 22
and abuse, including KRS 620.030. 23
3. The Kentucky Board of Education or any organization or agency 24
designated by the state board to manage interscholastic athletics shall 25
include the following information i n any training for administrators and 26
coaches under its jurisdiction: 27
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a. The duty to report instances of child dependency, neglect, and 1
abuse; and 2
b. Procedures for reporting child dependency, neglect, and abuse 3
under KRS 620.030. 4
4. The Kentucky Board of Education or any organization or agency 5
designated by the state board to manage interscholastic athletics shall 6
not promulgate administrative regulations or adopt any policies or 7
bylaws that are contrary to the provisions of this paragraph. 8
(f) Any student who turns nineteen (19) years of age prior to August 1 shall not 9
be eligible for high school athletics in Kentucky. Any student who turns 10
nineteen (19) years of age on or after August 1 shall remain eligible for that 11
school year only. An exception to the provisions of this paragraph shall be 12
made, and the student shall be eligible for high school athletics in Kentucky if 13
the student: 14
1. Qualified for exceptional children services and had an individual 15
education program developed by an admissions and releas e committee 16
(ARC) while the student was enrolled in the primary school program; 17
2. Was retained in the primary school program because of an ARC 18
committee recommendation; and 19
3. Has not completed four (4) consecutive years or eight (8) consecutive 20
semesters of eligibility following initial promotion from grade eight (8) 21
to grade nine (9). 22
(g) The state board or any agency designated by the state board to manage 23
interscholastic athletics shall promulgate administrative regulations or bylaws 24
that provide that: 25
1. A member school shall designate all athletic teams, activities, and sports 26
for students in grades six (6) through twelve (12) as one (1) of the 27
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following categories: 1
a. "Boys"; 2
b. "Coed"; or 3
c. "Girls"; 4
2. The sex of a student for the purpose of determining eligibility to 5
participate in an athletic activity or sport shall be determined by: 6
a. A student's biological sex as indicated on the student's original, 7
unedited birth certificate issued at the time of birth; or 8
b. An affidavit signed and sworn to by the physician, physician 9
assistant, advanced practice registered nurse, or chiropractor that 10
conducted the annual medical examination required by paragraph 11
(e) of this subsection under penalty of perjury esta blishing the 12
student's biological sex at the time of birth; 13
3. a. An athletic activity or sport designated as "girls" for students in 14
grades six (6) through twelve (12) shall not be open to members of 15
the male sex. 16
b. Nothing in this section shall be const rued to restrict the eligibility 17
of any student to participate in an athletic activity or sport 18
designated as "boys" or "coed"; and 19
4. Neither the state board, any agency designated by the state board to 20
manage interscholastic athletics, any school distric t, nor any member 21
school shall entertain a complaint, open an investigation, or take any 22
other adverse action against a school for maintaining separate 23
interscholastic or intramural athletic teams, activities, or sports for 24
students of the female sex. 25
(h) 1. The state board or any agency designated by the state board to manage 26
interscholastic athletics shall promulgate administrative regulations that 27
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permit a school district to employ or assign nonteaching or noncertified 1
personnel or personnel without post secondary education credit hours to 2
serve in a coaching position. The administrative regulations shall give 3
preference to the hiring or assignment of certified personnel in coaching 4
positions. 5
2. A person employed in a coaching position shall be a high sch ool 6
graduate and at least twenty -one (21) years of age and shall submit to a 7
criminal background check in accordance with KRS 160.380. 8
3. The administrative regulations shall specify post -hire requirements for 9
persons employed in coaching positions. 10
4. The regulations shall permit a predetermined number of hours of 11
professional development training approved by the state board or its 12
designated agency to be used in lieu of postsecondary education credit 13
hour requirements. 14
5. A local school board may specify post-hire requirements for personnel 15
employed in coaching positions in addition to those specified in 16
subparagraph 3. of this paragraph. 17
(i) Unless permitted to be eligible for varsity athletics by any transfer rule, 18
policy, or administrative regulation pr omulgated by the state board or any 19
agency designated by the state board to manage interscholastic athletics, any 20
student who transfers enrollment from a district of residence to a nonresident 21
district under KRS 157.350(4) (a)[(b)] after enrolling in grade nine (9) and 22
participating in a varsity sport shall be ineligible to participate in 23
interscholastic athletics for one (1) calendar year from the date of the transfer. 24
The state board or any agency designated by the state board to manage 25
interscholastic athletics may adopt rules, policies, and bylaws and promulgate 26
administrative regulations necessary to carry out this paragraph. 27
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(j) No member school shall grant a student -athlete the right to use the member 1
school's property, or intellectual property, such a s trademarks, school 2
uniforms, and copyrights, in the student's earning of compensation through 3
name, image, and likeness activities. No student -athlete shall use school 4
property or such intellectual property in earning compensation through name, 5
image, an d likeness activities. The state board or any agency designated by 6
the state board to manage interscholastic athletics shall promulgate 7
administrative regulations to govern and enforce this paragraph. 8
(3) (a) The Kentucky Board of Education is hereby authorized to lease from the State 9
Property and Buildings Commission or others, whether public or private, any 10
lands, buildings, structures, installations, and facilities suitable for use in 11
establishing and furthering television and related facilities as an a id or 12
supplement to classroom instruction throughout the Commonwealth and for 13
incidental use in any other proper public functions. The lease may be for any 14
initial term commencing with the date of the lease and ending with the next 15
ensuing June 30, which i s the close of the then -current fiscal biennium of the 16
Commonwealth, with exclusive options in favor of the board to renew the 17
same for successive ensuing bienniums, July 1 in each even year to June 30 in 18
the next ensuing even year; and the rentals may be fixed at the sums in each 19
biennium, if renewed, sufficient to enable the State Property and Buildings 20
Commission to pay therefrom the maturing principal of and interest on, and 21
provide reserves for, any revenue bonds which the State Property and 22
Buildings Commission may determine to be necessary and sufficient, in 23
agreement with the board, to provide the cost of acquiring the television and 24
related facilities with appurtenances and costs as may be incident to the 25
issuance of the bonds. 26
(b) Each option of th e Kentucky Board of Education to renew the lease for a 27
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succeeding biennial term may be exercised at any time after the adjournment 1
of the session of the General Assembly at which appropriations shall have 2
been made for the operation of the state government for such succeeding 3
biennial term, by notifying the State Property and Buildings Commission in 4
writing, signed by the chief state school officer, and delivered to the secretary 5
of the Finance and Administration Cabinet as a member of the commission. 6
The o ption shall be deemed automatically exercised, and the lease 7
automatically renewed for the succeeding biennium, effective on the first day 8
thereof, unless a written notice of the board's election not to renew shall have 9
been delivered in the office of the secretary of the Finance and Administration 10
Cabinet before the close of business on the last working day in April 11
immediately preceding the beginning of the succeeding biennium. 12
(c) The Kentucky Board of Education shall not itself operate leased television 13
facilities, or undertake the preparation of the educational presentations or 14
films to be transmitted thereby, but may enter into one (1) or more contracts 15
to provide therefor, with any public agency and instrumentality of the 16
Commonwealth having, or able to provide, a staff with proper technical 17
qualifications, upon which agency and instrumentality the board, through the 18
chief state school officer and the Department of Education, is represented in 19
such manner as to coordinate matters of curriculum with the curricula 20
prescribed for the public schools of the Commonwealth. Any contract for the 21
operation of the leased television or related facilities may permit limited and 22
special uses of the television or related facilities for other programs in the 23
public interest, subject to the reasonable terms and conditions as the board and 24
the operating agency and instrumentality may agree upon; but any contract 25
shall affirmatively forbid the use of the television or related facilities, at any 26
time or in any manner, in th e dissemination of political propaganda or in 27
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furtherance of the interest of any political party or candidate for public office, 1
or for commercial advertising. No lease between the board and the State 2
Property and Buildings Commission shall bind the board to pay rentals for 3
more than one (1) fiscal biennium at a time, subject to the aforesaid renewal 4
options. The board may receive and may apply to rental payments under any 5
lease and to the cost of providing for the operation of the television or related 6
facilities not only appropriations which may be made to it from state funds, 7
from time to time, but also contributions, gifts, matching funds, devises, and 8
bequests from any source, whether federal or state, and whether public or 9
private, so long as the same are not conditioned upon any improper use of the 10
television or related facilities in a manner inconsistent with the provisions of 11
this subsection. 12
(4) The state board may, on the recommendation and with the advice of the chief state 13
school officer, prescri be, print, publish, and distribute at public expense such 14
administrative regulations, courses of study, curriculums, bulletins, programs, 15
outlines, reports, and placards as each deems necessary for the efficient 16
management, control, and operation of the sc hools and programs under its 17
jurisdiction. All administrative regulations published or distributed by the board 18
shall be enclosed in a booklet or binder on which the words "informational copy" 19
shall be clearly stamped or printed. 20
(5) Upon the recommendatio n of the chief state school officer or his or her designee, 21
the state board shall establish policy or act on all matters relating to programs, 22
services, publications, capital construction and facility renovation, equipment, 23
litigation, contracts, budgets, and all other matters which are the administrative 24
responsibility of the Department of Education. 25
(6) On or after June 27, 2025, the state board shall not impose any new reporting 26
requirement upon public schools or public school districts that is not expre ssly 27
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authorized by state statute or federal law. 1
Section 6. (1) No later than August 1, 2027, each school district shall 2
report in the student information system and to the Kentucky Department of Education 3
the nonreside nt pupils enrolled in the district during the 2026 -2027 school year. Each 4
school district shall also report to the Kentucky Department of Education the amount of 5
tuition charged to nonresident pupils enrolled in the district, the number of nonresident 6
pupil enrollment applications received, and the number of approvals and disapprovals of 7
submitted applications. 8
(2) No later than October 1, 2027, the Kentucky Department of Education shall 9
compile the information required by this section and submit a report t o the Legislative 10
Research Commission for referral to the appropriate Interim Joint Committee on 11
Education. 12
Section 7. Sections 2 to 5 of this Act take effect July 1, 2028. 13