AN ACT relating to full-day kindergarten.

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AN ACT relating to full-day kindergarten. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 157.320 is amended to read as follows: 3
As used in KRS 157.310 to 157.440, unless the context otherwise requires: 4
(1) "Administrative regulations of the Kentucky Board of Education" means those 5
regulations which the Kentucky Board o f Education may adopt upon the 6
recommendation and with the advice of the commissioner of education. The 7
commissioner of education shall recommend administrative regulations necessary 8
for carrying out the purposes of KRS 157.310 to 157.440; 9
(2) "Average daily attendance" means the aggregate days attended by pupils in a public 10
school, adjusted for weather -related low attendance days if applicable, divided by 11
the actual number of days the school is in session, after the five (5) days with the 12
lowest attendance have been deducted. 13
(a) Aggregate days shall include, in addition to the aggre gate number of days 14
attended by a pupil who was suspended during a school year, the number of 15
days the pupil was suspended, not to exceed ten (10) days in total for the 16
school year; and 17
(b) Aggregate days shall include, in addition to the aggregate number of days 18
attended by a pupil who was expelled for behavioral problems, the number of 19
days the pupil was expelled up to a total of one hundred seventy -five (175) 20
days. This total may extend into the next school year and shall be counted in 21
the average daily attendance for the next year; 22
(3) "Base funding level" means a guaranteed amount of revenue per pupil to be 23
provided for each school district, to be used for regular operating and capital 24
expenditures; 25
(4) "Board" means the board of education of any county or independent school district; 26
(5) "District" means any school district as defined by law; 27
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(6) "Elementary school" means a school consisting of the primary school program , as 1
defined in Section 4 of this Act, through grade eight (8) [ as defined in KRS 2
158.030], or any appropriate combination of grades within this range, as determined 3
by the plan of organization for schools authorized by the district board; 4
(7) "Experience" means employment as a teacher, other than as a substitute or nursery 5
school teacher, for a minimum of one hundred forty (140) days during a school year 6
in a public or nonpublic elementary or secondary school or college or university 7
that is approved by the public accrediting authority in the state in which the 8
teaching duties were perfor med. A teacher who is employed by a board for at least 9
one hundred forty (140) days of a school year and who performs teaching duties for 10
the equivalent of at least seventy (70) full school days during that school year, 11
regardless of the schedule on which those duties were performed, shall be credited 12
with one (1) year of experience. A teacher who is employed by a board for at least 13
one hundred forty (140) days during each of two (2) school years and who performs 14
teaching duties for the equivalent of at lea st seventy (70) full school days during 15
those years shall be credited with one (1) year of experience. No more than one (1) 16
year of experience shall be credited for the performance of teaching duties during a 17
single school year; 18
(8) ["Kindergarten full-time equivalent pupil in average daily attendance" means each 19
kindergarten pupil counted no more than one -half (1/2) day in the aggregate days 20
attended by kindergarten pupils in a public school divided by the actual number of 21
days school is in session after t he five (5) days with the lowest attendance have 22
been deducted. Kindergarten is the entry level of the primary program and shall be 23
provided no less than the equivalent of one-half (1/2) day, five (5) days a week for a 24
full school year for each kindergarten pupil; 25
(9) ]"Middle school" means a school consisting of grades five (5) through eight (8) or 26
any appropriate combination of grades as determined by the plan of organization for 27
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schools authorized by the district board; 1
(9)[(10)] "National board certification salary supplement" means an annual supplement 2
added for the life of the certificate to the base salary of a teacher who attains 3
national board certification; 4
(10)[(11)] "Percentage of attendance" means the aggregate days attended by pupils in a 5
public school for the school year divided by the aggregate days' membership of 6
pupils in a public school for the school year; 7
(11)[(12)] "Public school fund" means the fund created by KRS 157.330 for use in 8
financing education in public elementary and secondary schools; 9
(12)[(13)] "Secondary school" means a school consisting of grades seven (7) through 10
twelve (12), or any appropriate combination of grades within this range as 11
determined by the plan of organization for schools authorized by the district board. 12
When grades seven (7) through nine (9) or ten (10) are organized separately as a 13
junior high school, or grades ten (10) through twelve (12) are organized separately 14
as a senior high school and are conducted in separate school plant facilities, each 15
shall be considered a separate secondary school for the purposes of KRS 157.310 to 16
157.440; 17
(13)[(14)] "Single salary schedule" means a schedule adopted by a local board from 18
which all teachers are paid for one hundred eighty -five (185) days and is based on 19
training, experience, and such other factors as the Kentucky Board of Education 20
may approve and which does not discriminate between salaries paid elementary and 21
secondary teachers. If the budget bill contains a minimum statewide salary 22
schedule, no teacher shall be paid less than the amount specified in the biennial 23
budget salary schedule for the individual teacher's educational qualifications and 24
experience; 25
(14)[(15)] "Support Education Excellence in Kentucky" means the level of educational 26
services and facilities which is to be provided in each district from the public school 27
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fund; 1
(15)[(16)] "Teacher" means any regular or special teacher, principal, supervisor, 2
superintendent, assistant superintendent, librarian, director of pupil personnel, or 3
other member of the teaching or professional staff engaged in the service of the 4
public elementary and secondary school for whom certification is required as a 5
condition of employment; 6
(16)[(17)] "Virtual program" means a program offered by a public school district in 7
which all courses in the program are virtual, do not include regular in -person 8
instruction, and are designed as an alternative to traditional in -person school 9
programs; and 10
(17)[(18)] "Weather-related low attendance day" means a school day on which the 11
district's attendance falls below the average daily attendance for the prior year due 12
to inclement weather. The district shall submit a request to substitute the prior 13
year's average daily attendance for its attendance on up to ten (10) designated days, 14
along wi th documentation that the low attendance was due to inclement weather, 15
for approval by the commissioner of education in accordance with Kentucky Board 16
of Education administrative regulations. 17
Section 2. KRS 157.360 is amended to read as follows: 18
(1) (a) In determining the cost of the program to support education excellence in 19
Kentucky, the statewide guaranteed base funding level, as defined in KRS 20
157.320, shall be computed by dividing the amount appropriated for this 21
purpose by the prior year's statewide average daily attendance. 22
(b) When determining the biennial appropriations for the program, the average 23
daily attendance for each fiscal year shall include an estimate of the number 24
of students graduating early under the provisions of KRS 158.142. 25
(2) Each district shall receive an amount equal to the base funding level for each pupil 26
in average daily attendance in the district in the previous year, except a district shall 27
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receive an amount equal to one -half (1/2) of the s tate portion of the average 1
statewide per pupil guaranteed base funding level for each student who graduated 2
early under the provisions of KRS 158.142. Each district's base funding level shall 3
be adjusted by the following factors: 4
(a) The number of at -risk students in the district. At -risk students shall be 5
identified as those approved for the free lunch program under state and federal 6
guidelines. The number of at-risk students shall be multiplied by a factor to be 7
established by the General Assembly. Funds generated under this paragraph 8
may be used to pay for: 9
1. Alternative programs for students who are at risk of dropping out of 10
school before achieving a diploma; and 11
2. A hazardous duty pay supplement as determined by the local board of 12
education to the t eachers who work in alternative programs with 13
students who are violent or assaultive; 14
(b) The number and types of exceptional children in the district as defined by 15
KRS 157.200. Specific weights for each category of exceptionality shall be 16
used in the calculation of the add-on factor for exceptional children; and 17
(c) Transportation costs. The p er-pupil cost of transportation shall be calculated 18
as provided by KRS 157.370. Districts which contract to furnish 19
transportation to students attending nonpublic schools may adopt any payment 20
formula which ensures that no public school funds are used for the 21
transportation of nonpublic students. 22
(3) [Beginning with the 2015 -2016 school year and each year thereafter, ] The General 23
Assembly shall annually allocate funds equal to one -half (1/2) of the state portion 24
of the average statewide per pupil guaranteed base funding level for each student 25
who graduated early under the provisions of KRS 158.142 the previous school year 26
to the Kentucky Higher Education Assistance Authority for deposit in the early 27
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graduation scholarship trust fund. 1
(4) The program to suppo rt education excellence in Kentucky shall be fully 2
implemented by the 1994-95 school year. 3
(5) (a) Except for those schools which have implemented school -based decision 4
making, the commissioner of education shall enforce maximum class sizes for 5
every acade mic course requirement in all grades except in vocal and 6
instrumental music, and physical education classes. Except as provided in 7
subsection (6) of this section, the maximum number of pupils enrolled in a 8
class shall be as follows: 9
1. Twenty-four (24) in primary grades (kindergarten through third grade); 10
2. Twenty-eight (28) in grade four (4); 11
3. Twenty-nine (29) in grades five (5) and six (6); 12
4. Thirty-one (31) in grades seven (7) to twelve (12). 13
(b) Except for those schools which have implemented school -based decision 14
making, class size loads for middle and secondary school: 15
1. Classroom teachers shall not exceed the equivalent of one hundred fifty 16
(150) pupil hours per day; and 17
2. Virtual program teachers shall not exceed the equivalent of three 18
hundred (300) pupil hours per day. 19
(c) The commissioner of education, upon approval of the Kentucky Board of 20
Education, shall adopt administrative regulations for enforcing this provision. 21
These administrative regulations shall include procedures for a superinten dent 22
to request an exemption from the Kentucky Board of Education when unusual 23
circumstances warrant an increased class size for an individual class. A 24
request for an exemption shall include specific reasons for the increased class 25
size with a plan for red ucing the class size prior to the beginning of the next 26
school year. A district shall not receive in any one (1) year exemptions for 27
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more classes than enroll twenty percent (20%) of the pupils in the primary 1
grades and grades four (4) through eight (8). 2
(d) In all schools the commissioner of education shall enforce the special 3
education maximum class sizes set by administrative regulations adopted by 4
the Kentucky Board of Education. A superintendent may request an 5
exemption pursuant to paragraph (c) of this subsection. A local school council 6
may request a waiver relating to maximum class size pursuant to KRS 7
156.161 in the same manner as a local board of education. An exemption or 8
waiver shall not be granted if the increased class size will impede any 9
exceptional child from achieving his or her individual education program in 10
the least restrictive environment. 11
(6) In grades four (4) through six (6) with combined grades, the maximum class size 12
shall be the average daily attendance upon which funding is appropr iated for the 13
lowest assigned grade in the class. There shall be no exceptions to the maximum 14
class size for combined classes. In combined classes other than the primary grades, 15
no ungraded students shall be placed in a combined class with graded students. In 16
addition, there shall be no more than two (2) consecutive grade levels combined in 17
any one (1) class in grades four (4) through six (6). However, this shall not apply to 18
schools which have implemented school-based decision making. 19
(7) If a local school district, through its admission and release committee, determines 20
that an appropriate program in the least restrictive environment for a particular child 21
with a disability includes either part -time or full -time enrollment with a private 22
school or agency w ithin the state or a public or private agency in another state, the 23
school district shall count as average daily attendance in a public school the time 24
that the child is in attendance at the school or agency, contingent upon approval by 25
the commissioner of education. 26
(8) Pupils attending a center for child learning and study established under an 27
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agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose of calculating 1
average daily attendance, be considered as in attendance in the school district in 2
which the child legally resides and which is party to the agreement. For purposes of 3
subsection (1) of this section, teachers who are actually employees of the joint or 4
cooperative action shall be considered as employees of each school district which is 5
a party to the agreement. 6
(9) Program funding shall be increased when the average daily attendance in any 7
district for the first two (2) months of the current school year is greater than the 8
average daily attendance of the district for the first two (2) mont hs of the previous 9
school year. The program funds allotted the district shall be increased by the 10
percent of increase. [ The average daily attendance in kindergarten is the 11
kindergarten full-time equivalent pupils in average daily attendance.] 12
(10) If the a verage daily attendance for the current school year in any district decreases 13
by ten percent (10%) or more than the average daily attendance for the previous 14
school year, the average daily attendance for purposes of calculating program 15
funding for the next school year shall be increased by an amount equal to two-thirds 16
(2/3) of the decrease in average daily attendance. If the average daily attendance 17
remains the same or decreases in the succeeding school year, the average daily 18
attendance for purposes of ca lculating program funding for the following school 19
year shall be increased by an amount equal to one -third (1/3) of the decrease for the 20
first year of the decline. 21
(11) If the percentage of attendance of any school district shall have been reduced more 22
than two percent (2%) during the previous school year, the program funding 23
allotted the district for the current school year shall be increased by the difference in 24
the percentage of attendance for the two (2) years immediately prior to the current 25
school year less two percent (2%). 26
(12) (a) Instructional salaries for vocational agriculture classes shall be for twelve (12) 27
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months per year. Vocational agriculture teachers shall be responsible for the 1
following program of instruction during the time period beyon d the regular 2
school term established by the local board of education: supervision and 3
instruction of students in agriculture experience programs; group and 4
individual instruction of farmers and agribusinessmen; supervision of student 5
members of agricultural organizations who are involved in leadership training 6
or other activity required by state or federal law; or any program of vocational 7
agriculture established by the Department of Education. During extended 8
employment, no vocational agriculture teacher shall receive salary on a day 9
that the teacher is scheduled to attend an institution of higher education class 10
which could be credited toward meeting any certification requirement. 11
(b) Each teacher of agriculture employed shall submit an annual plan for su mmer 12
program to the local school superintendent for approval. The summer plan 13
shall include a list of tasks to be performed, purposes for each task, and time 14
to be spent on each task. Approval by the local school superintendent shall be 15
in compliance with the guidelines developed by the Department of Education. 16
The supervision and accountability of teachers of vocational agriculture's 17
summer programs shall be the responsibility of the local school 18
superintendent. The local school superintendent shall submit to the 19
commissioner of education a completed report of summer tasks for each 20
vocational agriculture teacher. Twenty percent (20%) of the approved 21
vocational agriculture programs shall be audited annually by the State 22
Department of Education to determine that the summer plan has been properly 23
executed. 24
(13) (a) In allotting program funds for home and hospital instruction, statewide 25
guaranteed base funding, excluding the capital outlay, shall be allotted for 26
each child in average daily attendance in the prio r school year who has been 27
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properly identified according to Kentucky Board of Education administrative 1
regulations. Attendance shall be calculated pursuant to KRS 158.033 [KRS 2
157.270] and shall be reported monthly on forms provided by the Department 3
of Education.[; and] 4
(b) Pursuant to administrative regulations of the Kentucky Board of Education, 5
local school districts shall be reimbursed for home and hospital instruction for 6
pupils unable to attend regular school sessions because of short -term health 7
impairments. A reimbursement formula shall be established by administrative 8
regulations to include such factors as a reasonable per hour, per child 9
allotment for teacher instructional time, with a maximum number of funded 10
hours per week, a reasonable allotment for teaching supplies and equipment, 11
and a reasonable allotment for travel expenses to and from instructional 12
assignments, but the formula shall not include an allotment for capital outlay. 13
Attendance shall be calculated pursuant to KRS 158.033[KRS 157.270] and 14
shall be reported annually on forms provided by the Department of Education. 15
(14) Except for those schools which have implemented school -based decision making 16
and the school council has voted to waive this subsection and for virtual programs, 17
kindergarten aides shall be provided for each twenty-four (24)[ full-time equivalent] 18
kindergarten students enrolled. 19
(15) [Effective July 1, 2001, ] There shall be no deduction applied against the base 20
funding level for any pupil in average daily attendance who spends a portion of his 21
or her school day in a program at a state -operated career and technical education or 22
vocational facility. 23
(16) During a fiscal year, a school district may request that the Department of Education 24
recalculate its funds allocated under this section if the current year average daily 25
attendance for the twenty (20) day school month as defined in KRS 158.060(2) that 26
contains the most days within the calendar month of January exceeds the prior year 27
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adjusted average daily attendance plus growth by at least one percent (1%). Any 1
adjustments in the allotments approved under this subsection shall be proportional 2
to the remaini ng days in the school year and subject to available funds under the 3
program to support education excellence in Kentucky. 4
(17) To calculate the state portion of the program to support education excellence in 5
Kentucky for a school district, the Department of Education shall subtract the local 6
effort required under KRS 157.390(5) from the calculated base funding under the 7
program to support education excellence in Kentucky, as required by this section. 8
The value of the real estate used in this calculation shal l be the lesser of the current 9
year assessment or the prior year assessment increased by four percent (4%) plus 10
the value of current year new property. The calculation under this subsection shall 11
be subject to available funds. 12
(18) Notwithstanding any othe r statute or budget of the Commonwealth language to the 13
contrary, time missed due to shortening days for emergencies may be made up by 14
lengthening school days in the school calendar without any loss of funds under the 15
program to support education excellence in Kentucky. 16
Section 3. KRS 158.030 is amended to read as follows: 17
(1) "Common school" means an elementary or secondary school of the state supported 18
in whole or in part by public taxation. No school shall be deemed a "common 19
school" or receive support from public taxation unless the school is taught by a 20
certified teacher for a minimum school term as defined by KRS 158.070 and every 21
child residing in the district who satisfies the age requirements of this section has 22
had the privilege of attending it. Provided, however, that [any child who is six (6) 23
years of age, or who may become six (6) years of age by October 1, shall attend 24
public school or qualify for an exemption as provided by KRS 159.030. Any child 25
who is five (5) years of age, or who may become five (5) years of age by October 1, 26
may enter a primary school program, a s defined in KRS 158.031, and may advance 27
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through the primary program without regard to age in accordance with KRS 1
158.031(6). 2
(2) Beginning with the 2017 -2018 school year, ] any child who is six (6) years of age, 3
or who may become six (6) years of age by A ugust 1, shall attend public school , or 4
qualify for an exemption as provided by KRS 159.030. Any child who is five (5) 5
years of age, or who may become five (5) years of age by August 1, may enter a 6
primary school program, as defined in KRS 158.031, and may advance through the 7
primary program without regard to age in accordance with KRS 158.031(6). 8
(2)[(3)] Each local school board shall adopt a policy to permit a parent or guardian to 9
petition the board to allow a student to attend public school who does not meet the 10
age requirements of subsection (1) [ or (2)] of this section. The policy shall include 11
an evaluation process that will help determine a student's readiness for school and 12
shall ensure that any tuition amount charged under this policy is the same a mount 13
charged to a student who meets the age requirements of subsection (1) [ or (2)] of 14
this section. Students enrolled under this policy shall be included in a school's 15
average daily attendance for purposes of funding as provided in KRS 157.310 to 16
157.440. 17
Section 4. KRS 158.031 is amended to read as follows: 18
(1) In this section, "primary school program" means that part of the elementary school 19
program in which children are enrolled from the time they begin school until they 20
are ready to enter the fourth grade. Notwithstanding any statute to the contrary, 21
successful completion of the primary school program shall be a prerequisite for a 22
child's entrance into fourth grade. 23
(2) The Kentucky Board of Education shall establish , by administrative regulation, 24
methods of verifying successful completion of the primary school program in 25
carrying out the goals of education as described in KRS 158.6451. 26
(3) The primary program shall include the following critical attributes: 27
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developmentally appropriate educational practices; multiage and multiability 1
classrooms; continuous progress; authentic assessment; qualitative reporting 2
methods; professional teamwork; and positive parent involvement. 3
(4) Each school council or, if none exists, th e school shall determine the organization 4
of its ungraded primary program including the extent to which multiage groups are 5
necessary to implement the critical attributes based on the critical attributes and 6
meeting individual student needs. 7
(5) The implem entation of the primary program may take into consideration the 8
necessary arrangements required for students attending part -time and will allow for 9
grouping of students attending their first year of school when determined to be 10
developmentally appropriate. 11
(6) A school district may advance a student through the primary program when it is 12
determined that it is in the best educational interest of the student.[ A student who is 13
at least five (5) years of age, but less than six (6) years of age, and is advanced in 14
the primary program may be classified as other than a kindergarten student for 15
purposes of funding under KRS 157.310 to 157.440 if the student is determined to 16
have acquired the academic and social skills taught in kindergarten as determined 17
by local b oard policy in accordance with the process established by Kentucky 18
Board of Education administrative regulation.] 19
(7) Data shall be collected by each school district on the number of students, in each 20
school having a primary program, who take five (5) year s to complete the primary 21
program. The data shall be reported in the annual performance report described in 22
KRS 158.6453. 23
Section 5. KRS 158.060 is amended to read as follows: 24
(1) Each teacher shall be provided access to a copy of his or her employment contract 25
upon request. 26
(2) Twenty (20) school days, or days in which teachers are actually employed in the 27
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schoolroom, shall constitute a school month in the common schools. 1
(3) Each full -time teacher shall be provided with a duty -free lunch period each day 2
during the regularly scheduled student lunch period. The duty -free lunch period 3
shall be not less than the length of the lunch period specified in the school calendar 4
approved by the chief state school officer. A full -time teacher may be assigned to 5
lunch room duty during the regularly scheduled student lunch period only for an 6
amount of time equal to the noninstructional time in excess of fifty -five (55) 7
minutes included in the teacher's daily schedule. The calculation of noninstructional 8
time shall not include the teacher's duty -free lunch period, the time teachers are 9
required to be at school prior to the start of the student's instructional day, or the 10
time teachers are required to remain at school after the students are dismissed. 11
(4) Except for children with disabilities [ and children attending the primary school 12
program] who may attend a program of less than six (6) hours per day under policy 13
adopted by the local school district board of education and approved by the 14
commissioner of education and children attending a school district where the local 15
board has approved a schedule that provides at least the equivalent of six (6) hours 16
of daily instruction during the school year, a minimum of six (6) hours of actual 17
school work shall constitute a school day. [Kindergarten programs may be operated 18
for less than six (6) hours without state board approval. ] The Kentucky Board of 19
Education, upon recommendation of the chief state school officer, shall develop and 20
approve regulat ions governing make up by school districts of whole days missed 21
due to emergencies, or partial days missed as a result of shortening regularly 22
scheduled school days due to emergencies. 23
(5) Teachers shall be provided additional time for nonteaching activiti es. The 24
nonteaching time shall be used to provide teachers opportunities for professional 25
development activities as provided in KRS 156.095, instructional planning, school -26
based decision making as provided in KRS 160.345, curriculum development, and 27
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outreach activities involving their students' families and the community. 1
(6) Character education programs and activities shall be considered valuable and 2
legitimate components of the actual school work constituting a school day under 3
subsection (4) of this section. 4
Section 6. This Act takes effect July 1, 2027. 5