AN ACT relating to education and declaring an emergency.

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AN ACT relating to education and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 158.070 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Election" has the same meaning as in KRS 121.015; 5
(b) "Minimum school term" or "school term" means not less than one hundred 6
eighty-five (185) days composed o f the student attendance days, teacher 7
professional days, and holidays; 8
(c) "School calendar" means the document adopted by a local board of education 9
that establishes the minimum school term, student instructional year or 10
variable student instructional year, and days that school will not be in session; 11
(d) "School district calendar committee" means a committee that includes at least 12
the following: 13
1. One (1) school district principal; 14
2. One (1) school district office administrator other than the 15
superintendent; 16
3. One (1) member of the local board of education; 17
4. Two (2) parents of students attending a school in the district; 18
5. One (1) school district elementary school teacher; 19
6. One (1) school district middle or high school teacher; 20
7. Two (2) school district classified employees; and 21
8. Two (2) community members from the loc al chamber of commerce, 22
business community, or tourism commission; 23
(e) "Student attendance day" means any day that students are scheduled to be at 24
school to receive instruction, and encompasses the designated start and 25
dismissal time; 26
(f) "Student instruct ional year" means at least one thousand sixty -two (1,062) 27
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hours of instructional time for students delivered on not less than one hundred 1
seventy (170) student attendance days; 2
(g) "Teacher professional day" means any day teachers are required to report to 3
work as determined by a local board of education, with or without the 4
presence of students; and 5
(h) "Variable student instructional year" means at least one thousand sixty -two 6
(1,062) hours of instructional time delivered on the number of student 7
attendance days adopted by a local board of education which shall be 8
considered proportionally equivalent to one hundred seventy (170) student 9
attendance days and calendar days for the purposes of a student instructional 10
year, employment contracts that are based o n the school term, service credit 11
under KRS 161.500, and funding under KRS 157.350. 12
(2) (a) The local board of education, upon recommendation of the local school 13
district superintendent, shall annually appoint a school district calendar 14
committee to review, develop, and recommend school calendar options. 15
(b) The school district calendar committee, after seeking feedback from school 16
district employees, parents, and community members, shall recommend 17
school calendar options to the local school district superi ntendent for 18
presentation to the local board of education. The committee's 19
recommendations shall comply with state laws and regulations and consider 20
the economic impact of the school calendar on the community and the state. 21
(c) Prior to adopting a school calendar, the local board of education shall hear for 22
discussion the school district calendar committee's recommendations and the 23
recommendation of the superintendent at a meeting of the local board of 24
education. 25
(d) During a subsequent meeting of the local board of education, the local board 26
shall adopt a school calendar for the upcoming school year that establishes the 27
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opening and closing dates of the school term, beginning and ending dates of 1
each school month, student attendance days, and days on which s chools shall 2
be dismissed. The local board may schedule days for breaks in the school 3
calendar that shall not be counted as a part of the minimum school term. 4
(e) For local board of education meetings described in paragraphs (c) and (d) of 5
this subsection, if the meeting is a regular meeting, notice shall be given to 6
media outlets that have requests on file to be notified of special meetings 7
stating the date of the regular meeting and that one (1) of the items to be 8
considered in the regular meeting will be the school calendar. The notice shall 9
be sent at least twenty -four (24) hours before the regular meeting. This 10
requirement shall not be deemed to make any requirements or limitations 11
relating to special meetings applicable to the regular meeting. 12
(f) A local school board of education that adopts a school calendar with the first 13
student attendance day in the school term starting no earlier than the Monday 14
closest to August 26 may use a variable student instructional year. Districts 15
may set the length of ind ividual student attendance days in a variable student 16
instructional schedule, but no student attendance day shall contain more than 17
seven (7) hours of instructional time unless the district submitted and received 18
approval from the commissioner of education for an innovative alternative 19
calendar. 20
(3) (a) Each local board of education shall use four (4) days of the minimum school 21
term for professional development and collegial planning activities for the 22
professional staff without the presence of students pur suant to the 23
requirements of KRS 156.095. At the discretion of the superintendent, one (1) 24
day of professional development may be used for district -wide activities and 25
for training that is mandated by federal or state law. The use of three (3) days 26
shall be planned by each school council, except that the district is encouraged 27
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to provide technical assistance and leadership to school councils to maximize 1
existing resources and to encourage shared planning. 2
(b) 1. A local board may approve a school's flexible professional development 3
plan that permits teachers or other certified personnel within a school to 4
participate in professional development activities outside the days 5
scheduled in the school calendar or the regularly scheduled hours in the 6
school work day and receive credit towards the four (4) day professional 7
development requirement within the minimum one hundred eighty -five 8
(185) days that a teacher shall be employed. 9
2. A flexible schedule option shall be reflected in the school's professional 10
development component within the school improvement plan and 11
approved by the local board. Credit for approved professional 12
development activities may be accumulated in periods of time other than 13
full day segments. 14
3. No teacher or administrator shall be permitted to count participation in a 15
professional development activity under the flexible schedule option 16
unless the activity is related to the teacher's classroom assignment and 17
content area, or the administrator's job requirements, or is required by 18
the school i mprovement plan, or is tied to the teacher's or the 19
administrator's individual growth plan. The supervisor shall give prior 20
approval and shall monitor compliance with the requirements of this 21
paragraph. In the case of teachers, a professional development 22
committee or the school council by council policy may be responsible 23
for reviewing requests for approval. 24
(c) The local board of each school district may use up to a maximum of four (4) 25
days of the minimum school term for holidays; provided, however, any 26
holiday which occurs on Saturday may be observed on the preceding Friday. 27
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(d) Each local board may use two (2) days for planning activities without the 1
presence of students. 2
(e) Each local board may close schools for the number of days deemed necessary 3
for: 4
1. National or state emergency or mourning when proclaimed by the 5
President of the United States or the Governor of the Commonwealth of 6
Kentucky; 7
2. Local emergency which would endanger the health or safety of children; 8
and 9
3. Mourning when so designated by the local board of education and 10
approved by the Kentucky Board of Educati on upon recommendation of 11
the commissioner of education. 12
(4) (a) The Kentucky Board of Education, upon recommendation of the 13
commissioner of education, shall adopt administrative regulations governing 14
the use of student attendance days as a result of a loc al emergency, as 15
described in subsection (3)(e)2. of this section, and regulations setting forth 16
the guidelines and procedures to be observed for the approval of waivers from 17
the requirements of a student instructional year in subsection (1)(f) of this 18
section for districts that wish to adopt innovative instructional calendars, or 19
for circumstances that would create extreme hardship. 20
(b) If a local board of education determines it is necessary to amend [amends] its 21
school calendar after its adoption [ due to an emergency], the local board of 22
education[it] may lengthen or shorten any remaining student attendance days 23
by thirty (30) minutes or more, as it deems necessary, provided the amended 24
calendar provides at least one thousand sixty -two (1,062) hours of 25
instructional time for students delivered on the amended number of student 26
attendance days adopted by the local board of education [complies with the 27
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requirements of a student instructional year in subsection (1)(f) of this section 1
or a variable student instru ctional year in subsection (1)(h) of this section. No 2
student attendance day shall contain more than seven (7) hours of 3
instructional time unless the district submitted and received approval from the 4
commissioner of education for an innovative alternative calendar]. 5
(5) (a) 1. In setting the school calendar, school may be closed for two (2) 6
consecutive days for the purpose of permitting professional school 7
employees to attend statewide professional meetings. 8
2. These two (2) days for statewide professional meetings may be 9
scheduled to begin with the first Thursday after Easter, or upon request 10
of the statewide professional education association having the largest 11
paid membership, the commissioner of education may designate 12
alternate dates. 13
3. If schools are scheduled to operate during days designated for the 14
statewide professional meeting, the school district shall permit 15
employees who are delegates to attend as compensated professional 16
leave time and shall employ substitute teachers in their absence. 17
4. The commissioner of education shall designate one (1) additional day 18
during the school year when schools may be closed to permit 19
professional school employees to participate in regional or district 20
professional meetings. 21
5. These three (3) days so designated f or attendance at professional 22
meetings may be counted as a part of the minimum school term. 23
(b) If any school in a district is used as a voting place pursuant to KRS 117.065, 24
the school district may be closed on the days of the election, and those days 25
may be used for professional development activities, professional meetings, or 26
parent-teacher conferences. 27
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(c) All schools shall be closed on the third Monday of January in observance of 1
the birthday of Martin Luther King, Jr. Districts may: 2
1. Designate the day as one (1) of the four (4) holidays permitted under 3
subsection (3)(c) of this section; or 4
2. Not include the day in the minimum school term specified in subsection 5
(1) of this section. 6
(6) (a) The Kentucky Board of Education, or the organization or age ncy designated 7
by the board to manage interscholastic athletics, shall be encouraged to 8
schedule athletic competitions outside the regularly scheduled student 9
attendance day. 10
(b) Any member of a school -sponsored interscholastic athletic team who 11
competes i n a regional tournament or state tournament sanctioned by the 12
Kentucky Board of Education, or the organization or agency designated by the 13
board to manage interscholastic athletics, and occurring on a regularly 14
scheduled student attendance day may be count ed present at school on the 15
date or dates of the competition, as determined by local board policy, for a 16
maximum of two (2) days per student per year. The student shall be expected 17
to complete any assignments missed on the date or dates of the competition. 18
(c) The school attendance record of any student for whom paragraph (b) of this 19
subsection applies shall indicate that the student was in attendance on the date 20
or dates of competition. 21
(7) Schools shall provide continuing education for those students who are determined 22
to need additional time to achieve the outcomes defined in KRS 158.6451, and 23
schools shall not be limited to the minimum school term in providing this 24
education. Continuing education time may include extended days, extended weeks, 25
or extende d years. A local board of education may adopt a policy requiring its 26
students to participate in continuing education. The local policy shall set out the 27
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conditions under which attendance will be required and any exceptions which are 1
provided. The Kentucky Board of Education shall promulgate administrative 2
regulations establishing criteria for the allotment of grants to local school districts 3
and shall include criteria by which the commissioner of education may approve a 4
district's request for a waiver under KRS 156.161 to use an alternative service 5
delivery option, including providing services during the student attendance day on a 6
limited basis. These grants shall be allotted to school districts to provide 7
instructional programs for pupils who are identifie d as needing additional time to 8
achieve the outcomes defined in KRS 158.6451. A school district that has a school 9
operating a model early reading program under KRS 158.792 may use a portion of 10
its grant money as part of the matching funds to provide indivi dualized or small 11
group reading instruction to qualified students outside of the regular classroom 12
during the student attendance day. 13
(8) Notwithstanding any other statute, each school term shall include no less than one 14
thousand sixty-two (1,062) hours of instructional time for students delivered on 15
the number of student attendance days adopted by the local board of education 16
[the equivalent of the student instructional year in subsection (1)(f) of this section, 17
or a variable student instructional year in subsection (1)(h) of this section] , except 18
that the commissioner of education may grant up to the equivalent of ten (10) 19
student attendance days for school districts that have a nontraditional instruction 20
plan approved by the commissioner of education on d ays when the school district is 21
closed for health or safety reasons. The district's plan shall indicate how the 22
nontraditional instruction process shall be a continuation of learning that is 23
occurring on regular student attendance days. Instructional deliv ery methods, 24
including the use of technology, shall be clearly delineated in the plan. Average 25
daily attendance for purposes of Support Education Excellence in Kentucky 26
program funding during the student attendance days granted shall be calculated in 27
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compliance with administrative regulations promulgated by the Kentucky Board of 1
Education. 2
(9) The Kentucky Board of Education shall promulgate administrative regulations to 3
prescribe the conditions and procedures for districts to be approved for the 4
nontraditional instruction program. Administrative regulations promulgated by the 5
board under this section shall specify: 6
(a) The application, plan review, approval, and amendment process; 7
(b) Reporting requirements for districts approved for the program, which may 8
include but are not limited to examples of student work, lesson plans, teacher 9
work logs, and student and teacher participation on nontraditional instruction 10
days. Documentation to support the use of nontraditional instruction days 11
shall include clear evidence of learning continuation; 12
(c) Timelines for initial approval as a nontraditional instruction district, length of 13
approval, the renewal process, and ongoing evaluative procedures required of 14
the district; 15
(d) Reporting and oversight responsibilities of the district and the Kentucky 16
Department of Education, including the documentation required to show clear 17
evidence of learning continuation during nontraditional instruction days; and 18
(e) Other components deemed necessary to implement this section. 19
(10) Notwithstanding the provisions of KRS 158.060(4) and the provisions of subsection 20
(2) of this section, a school district shall arrange bus schedules so that all buses 21
arrive in sufficient time to provide breakfast prior to the beginning of the student 22
attendance day. The superintendent of a school district that participates in the 23
Federal School Breakfast Program may also authorize up to fifteen (15) minutes of 24
the student attendance day to provide the opportunity f or children to eat breakfast 25
during instructional time. 26
(11) Notwithstanding any other statute to the contrary, the following provisions shall 27
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apply to a school district that misses student attendance days due to emergencies, 1
including weather -related emer gencies, or amends the school district's school 2
calendar after the school calendar's adoption pursuant to subsection (4)(b) of this 3
section: 4
(a) A certified school employee shall be considered to have fulfilled the 5
minimum one hundred eighty -five (185) day contract with a school district 6
under KRS 157.350 and shall be given credit for the purpose of calculating 7
service credit for retirement under KRS 161.500 for certified school personnel 8
if: 9
1. State and local requirements under this section are met regard ing the 10
equivalent of the number and length of student attendance days, teacher 11
professional days, professional development days, holidays, and days 12
for planning activities without the presence of students; and 13
2. The provisions of the district's school ca lendar to make up student 14
attendance days missed due to any emergency, as approved by the 15
Kentucky Department of Education when required, including but not 16
limited to a provision for additional instructional time per day, are met. 17
(b) Additional time worke d by a classified school employee shall be considered 18
as equivalent time to be applied toward the employee's contract and 19
calculation of service credit for classified employees under KRS 78.615 if: 20
1. The employee works for a school district with a school calendar 21
approved by the Kentucky Department of Education that contains a 22
provision that additional instructional time per day shall be used to make 23
up full days missed due to an emergency; 24
2. The employee's contract requires a minimum six (6) hour work day; and 25
3. The employee's job responsibilities and work day are extended when the 26
instructional time is extended for the purposes of making up time. 27
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(c) Classified employees who are regularly scheduled to work less than six (6) 1
hours per day and who do not have additional work responsibilities as a result 2
of lengthened student attendance days shall be excluded from the provisions 3
of this subsection. These employees may be assigned additional work 4
responsibilities to make up service credit under KRS 78.615 th at would be 5
lost due to lengthened student attendance days. 6
Section 2. (1) For the 2025 -2026 school year, a school district may revise its 7
school calendar in accordance with the requirements of this section. 8
(2) For purposes of this section, notwithstanding the requirement in KRS 158.070 9
that the student instructional year not be less than 170 student attendance days and any 10
other statute or administrative regulation to the contrary, students shall receive a 11
minimum of 1 ,062 instructional hours, less any waiver of instructional time provided in 12
accordance with KRS 158.070(3)(e) and 702 KAR 7:140. 13
(3) Notwithstanding KRS 158.070(4)(b), if a school district used all 10 available 14
nontraditional instruction days during the 20 25-2026 school year, the school district may 15
reach the required instructional hours by adding time to student attendance days. A day 16
shall not exceed seven hours of instructional time unless the district submitted and 17
received approval from the commissione r of education for an innovative alternative 18
calendar. 19
(4) If a local school district is unable to provide the required 1,062 hours of 20
instruction by June 10, 2026, the commissioner of education may waive up to five student 21
attendance days. The commissione r of education shall not waive instructional days for a 22
district that did not make up days by adding time to the student instructional day. 23
Notwithstanding any other statute or administrative regulation to the contrary, student 24
attendance days waived under this subsection shall be applied on a district-wide basis. 25
(5) If a local board of education seeks to revise its school calendar under this 26
section, the board shall submit a plan for approval to the Kentucky Department of 27
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Education demonstrating how the required instructional hours will be completed. 1
(6) Notwithstanding any other statute, administrative regulation, or local board of 2
education policy to the contrary, each classified and certified employee of a local board 3
of education shall be considered to have completed one day of his or her employment 4
contract for each day made up in accordance with subsection (3) of this section and days 5
waived in accordance with subsection (4) of this section. 6
(7) If a local board of education used 10 or fewer nontradit ional instruction days 7
during the 2025-2026 school year and chooses not to take advantage of subsection (4) of 8
this section for the 2025 -2026 school year, the school district's average daily attendance 9
shall be calculated by deducting five low attendance d ays in addition to the five days 10
deducted under KRS 157.320(2). 11
Section 3. Whereas support and relief for school districts and the students 12
enrolled therein is imperative, an emergency is declared to exist, and Section 2 of this Act 13
takes effect upon its passage and approval by the Governor or upon its otherwise 14
becoming a law and Section 1 of this Act takes effect July 1, 2026. 15