AN ACT relating to school district reporting and declaring an emergency.

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AN ACT relating to school district reporting and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 160.345 is amended to read as follows: 3
(1) As used in[For the purpose of] this section: 4
(a) "Minority" means American Indian; Alaskan native; African -American; 5
Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or 6
South American origin; Pacific islander; or other ethnic group 7
underrepresented in the school; 8
(b) "School" means an elementary or secondary educational institution that is 9
under the administrative control of a principal and i s not a program or part of 10
another school. The term "school" does not include district -operated schools 11
that are: 12
1. Exclusively vocational -technical, special education, or preschool 13
programs; 14
2. Instructional programs operated in institutions or schools outside of the 15
district; or 16
3. Alternative schools designed to provide services to at -risk populations 17
with unique needs; 18
(c) "Teacher" means any person for whom certification is required as a basi s of 19
employment in the public schools of the state, with the exception of principals 20
and assistant principals; and 21
(d) "Parent" means: 22
1. A parent, stepparent, or foster parent of a student; or 23
2. A person who has legal custody of a student pursuant to a c ourt order 24
and with whom the student resides. 25
(2) Each local board of education shall adopt a policy for implementing school -based 26
decision making in the district which shall include but not be limited to a 27
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description of how the district's policies, inclu ding those developed pursuant to 1
KRS 160.340, have been amended to allow the professional staff members of a 2
school to be involved in the decision -making process as they work to meet 3
educational goals established in KRS 158.645 and 158.6451. The policy may 4
include a requirement that each school council make an annual report at a public 5
meeting of the local board describing the school's progress in meeting the 6
educational goals set forth in KRS 158.6451 and district goals established by the 7
local board. The policy shall also address and comply with the following: 8
(a) Except as provided in paragraph (b)2. of this subsection, each participating 9
school shall form a school council composed of two (2) parents, three (3) 10
teachers, and the principal or administrator . The membership of the council 11
may be increased, but it may only be increased proportionately. A parent 12
representative on the council shall not be an employee or a relative of an 13
employee of the school in which that parent serves, nor shall the parent 14
representative be an employee or a relative of an employee in the district 15
administrative offices. A parent representative shall not be a local board 16
member or a board member's spouse. None of the members shall have a 17
conflict of interest pursuant to KRS Chap ter 45A, except the salary paid to 18
district employees; 19
(b) 1. The teacher representatives shall be elected for one (1) year terms by a 20
majority of the teachers. A teacher elected to a school council shall not 21
be involuntarily transferred during the teacher representative's term of 22
office. The parent representatives shall be elected for one (1) year terms. 23
The parent members shall be elected by the parents of students 24
preregistered to attend the school during the term of office in an election 25
conducted by th e parent and teacher organization of the school or, if 26
none exists, the largest organization of parents formed for this purpose. 27
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Council elections may allow voting to occur over multiple days and via 1
electronic means. A school council, once elected, may ad opt a policy 2
setting different terms of office for parent and teacher members 3
subsequently elected. The principal shall be the chair of the school 4
council. 5
2. School councils in schools having eight percent (8%) or more minority 6
students enrolled, as deter mined by the enrollment on the preceding 7
October 1, shall have at least one (1) minority member. If the council 8
formed under paragraph (a) of this subsection does not have a minority 9
member, the principal, in a timely manner, shall be responsible for 10
carrying out the following: 11
a. Organizing a special election to elect an additional member. The 12
principal shall call for nominations and shall notify the parents of 13
the students of the date, time, and location of the election to elect a 14
minority parent to the council by ballot; and 15
b. Allowing the teachers in the building to select one (1) minority 16
teacher to serve as a teacher member on the council. If there are no 17
minority teachers who are members of the faculty, an additional 18
teacher member shall be elected b y a majority of all teachers. 19
Term limitations shall not apply for a minority teacher member 20
who is the only minority on faculty; 21
(c) 1. The school council shall have the responsibility to set school policy that 22
shall be consistent with district board poli cy and which shall provide an 23
environment to enhance the students' achievement and help the school 24
meet the goals established by KRS 158.645 and 158.6451 and goals for 25
the district established by the board. The principal shall be the primary 26
administrator and the instructional leader of the school, and with the 27
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assistance of the total school staff shall administer the policies 1
established by the school council and the local board. 2
2. If a school council establishes committees, it shall adopt a policy to 3
facilitate the participation of interested persons, including, but not 4
limited to, classified employees and parents. The policy shall include the 5
number of committees, their jurisdiction, composition, and the process 6
for membership selection; 7
(d) The school c ouncil and each of its committees shall determine the frequency 8
of and agenda for their meetings. Matters relating to formation of school 9
councils that are not provided for by this section shall be addressed by local 10
board policy; 11
(e) The meetings of the s chool council shall be open to the public and all 12
interested persons may attend. However, the exceptions to open meetings 13
provided in KRS 61.810 shall apply; 14
(f) After receiving notification of the funds available for the school from the local 15
board, the s chool council shall determine, within the parameters of the total 16
available funds, the number of persons to be employed in each job 17
classification at the school. The council may make personnel decisions on 18
vacancies occurring after the school council is fo rmed but shall not have the 19
authority to recommend transfers or dismissals; 20
(g) The local superintendent shall determine which curriculum, textbooks, 21
instructional materials, and student support services shall be provided in the 22
school after consulting with the local board of education, the school principal, 23
and the school council and after a reasonable review and response period for 24
stakeholders in accordance with local board of education policy. Subject to 25
available resources, the local board shall alloca te an appropriation to each 26
school that is adequate to meet the school's needs related to instructional 27
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materials and school -based student support services, as determined by the 1
school principal after consultation with the school council. The school counci l 2
shall consult with the school media librarian on the maintenance of the school 3
library media center, including the purchase of instructional materials, 4
information technology, and equipment; 5
(h) Personnel decisions at the school level shall be as follows: 6
1. From a list of qualified applicants submitted by the local superintendent, 7
the principal at the participating school shall select personnel to fill 8
vacancies, after consultation with the school council, consistent with 9
paragraph (i)11. of this subsect ion. The superintendent shall provide 10
additional applicants to the principal upon request when qualified 11
applicants are available. The superintendent may forward to the school 12
principal the names of qualified applicants who have pending 13
certification from the Education Professional Standards Board based on 14
recent completion of preparation requirements, out -of-state preparation, 15
or alternative routes to certification pursuant to KRS 161.028 and 16
161.048. Requests for transfer shall conform to any employer -employee 17
bargained contract which is in effect; 18
2. If the vacancy to be filled is the position of principal: 19
a. The superintendent shall fill the vacancy after consultation with 20
the school council consistent with paragraph (i)11. of this 21
subsection; 22
b. Prior to consultation with the school council, each member shall 23
sign a nondisclosure agreement forbidding the disclosure of 24
information shared and discussions held during consultation; 25
c. A person who believes a violation of the nondisclosure agreement 26
referred to in subdivision b. of this subparagraph has occurred may 27
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file a written complaint with the Kentucky Board of Education; 1
and 2
d. A school council member found to have violated the nondisclosure 3
agreement referred to in subdivision b. of this subparagraph may 4
be subject to removal from the school council by the Kentucky 5
Board of Education under subsection (9)(e) of this section; 6
3. Notwithstanding subparagraph 2. of t his paragraph, if the vacancy to be 7
filled is the position of principal in a county school district in a county 8
with a consolidated local government adopted under KRS Chapter 67C, 9
then: 10
a. The outgoing principal shall not serve on the council during the 11
principal selection process. The superintendent or the 12
superintendent's designee shall serve as the chair of the council for 13
the purpose of the hiring process and shall have voting rights 14
during the selection process; 15
b. The council shall have access to the applications of all persons 16
certified for the position. The principal shall be elected on a 17
majority vote of the membership of the council. The school 18
council shall receive training in recruitment and interviewing 19
techniques prior to carrying out the proce ss of selecting a 20
principal. The council shall select the trainer to deliver the 21
training; and 22
c. Notwithstanding the requirement that a principal be elected by a 23
majority vote of the council, the selection of a principal shall be 24
subject to approval by th e superintendent. If the superintendent 25
does not approve the principal selected by the council, then the 26
superintendent may select the principal; 27
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4. No principal who has been previously removed from a position in the 1
district for cause may be considered fo r appointment as principal in that 2
district; 3
5. Personnel decisions made at the school level under the authority of 4
subparagraph 1. of this paragraph shall be binding on the superintendent 5
who completes the hiring process; 6
6. Applicants subsequently employ ed shall provide evidence that they are 7
certified prior to assuming the duties of a position in accordance with 8
KRS 161.020; and 9
7. Notwithstanding other provisions of this paragraph, if the applicant is 10
the spouse of the superintendent and the applicant m eets the service 11
requirements of KRS 160.380(3)(a), the applicant shall only be 12
employed upon the recommendation of the principal and the approval of 13
a majority vote of the school council; 14
(i) The school council shall adopt a policy that shall be consisten t with local 15
board policy and shall be implemented by the principal in the following 16
additional areas: 17
1. Curriculum responsibilities under KRS 158.6453(19); 18
2. Assignment of all instructional and noninstructional staff time; 19
3. Assignment of students to classes and programs within the school; 20
4. Determination of the schedule of the school day and week, subject 21
to the beginning and ending times of the school day and school 22
calendar year as established by the local board; 23
5. Determination of use of school space during the school day related 24
to improving classroom teaching and learning; 25
6. Planning and resolution of issues regarding instructional practices; 26
7. Selection and implementation of discipline and classroom 27
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management techniques as a part of a comprehensive school safety 1
plan, including responsibilities of the student, parent, teacher, 2
counselor, and principal; 3
8. Selection of extracurricular programs and determination of 4
policies relating to student participation based on academic 5
qualifications and a ttendance requirements, program evaluation, 6
and supervision; 7
9. Adoption of an emergency plan as required in KRS 158.162; 8
10. Procedures, consistent with local school board policy, for 9
determining alignment with state standards, technology utilization, 10
and program appraisal; and 11
11. Procedures to assist the council with consultation in the selection 12
of the principal by the superintendent, and the selection of 13
personnel by the principal, including but not limited to meetings, 14
timelines, interviews, review of written applications, and review of 15
references. Procedures shall address situations in which members 16
of the council are not available for consultation; and 17
(j) Each school council shall annually review data as shown on state and local 18
student assessments required under KRS 158.6453. The data shall include but 19
not be limited to information on performance levels of all students tested, and 20
information on the performance of students disaggregated by race, gender, 21
disability, and participation in the federal f ree and reduced price lunch 22
program. After completing the review of data, each school council, with the 23
involvement of parents, faculty, and staff, shall develop and adopt a plan to 24
ensure that each student makes progress toward meeting the goals set forth in 25
KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan 26
to the superintendent and local board of education for review as described in 27
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KRS 160.340. The Kentucky Department of Education shall provide each 1
school council the data needed to complete the review required by this 2
paragraph no later than October 1 of each year. If a school does not have a 3
council, the review shall be completed by the principal with the involvement 4
of parents, faculty, and staff. 5
(3) The policies adopted by the local board to implement school-based decision making 6
shall also address the following: 7
(a) School budget and administration, including: discretionary funds; activity and 8
other school funds; funds for maintenance, supplies, and equipment; and 9
procedures for authorizing reimbursement for training and other expenses; 10
(b) Assessment of individual student progress, including testing and reporting of 11
student progress to students, parents, the school district, the community, and 12
the state; 13
(c) School improvemen t plans, including the form and function of strategic 14
planning and its relationship to district planning, as well as the school safety 15
plan and requests for funding from the Center for School Safety under KRS 16
158.446; 17
(d) Professional development plans developed pursuant to KRS 156.095; 18
(e) Parent, citizen, and community participation including the relationship of the 19
council with other groups; 20
(f) Cooperation and collaboration within the district, with other districts, and with 21
other public and private agencies; 22
(g) Requirements for waiver of district policies; 23
(h) Requirements for record keeping by the school council; and 24
(i) A process for appealing a decision made by a school council. 25
(4) In addition to the authority gran ted to the school council in this section, the local 26
board may grant to the school council any other authority permitted by law. The 27
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board shall make available liability insurance coverage for the protection of all 1
members of the school council from liabil ity arising in the course of pursuing their 2
duties as members of the council. 3
(5) All schools shall implement school -based decision making in accordance with this 4
section and with the policy adopted by the local board pursuant to this section. 5
Upon favorable vote of a majority of the faculty at the school and a majority of at 6
least twenty -five (25) voting parents of students enrolled in the school, a school 7
meeting its goal as determined by the Department of Education pursuant to KRS 8
158.6455 may apply to t he Kentucky Board of Education for exemption from the 9
requirement to implement school -based decision making, and the state board shall 10
grant the exemption. The voting by the parents on the matter of exemption from 11
implementing school -based decision making shall be in an election conducted by 12
the parent and teacher organization of the school or, if none exists, the largest 13
organization of parents formed for this purpose. Notwithstanding the provisions of 14
this section, a local school district shall not be req uired to implement school -based 15
decision making if the local school district contains only one (1) school. 16
(6) The Department of Education shall provide professional development activities to 17
assist schools in implementing school -based decision making. Sch ool council 18
members elected for the first time shall complete a minimum of six (6) clock hours 19
of training in the process of school -based decision making, no later than thirty (30) 20
days after the beginning of the service year for which they are elected to serve. 21
School council members who have served on a school council at least one (1) year 22
shall complete a minimum of three (3) clock hours of training in the process of 23
school-based decision making no later than one hundred twenty (120) days after the 24
beginning of the service year for which they are elected to serve. Experienced 25
members may participate in the training for new members to fulfill their training 26
requirement. School council training required under this subsection shall be 27
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conducted by trainers endorsed by the Department of Education. By November 1 of 1
each year, the principal through the local superintendent shall forward to the 2
Department of Education the names and addresses of each council member and 3
verify that the required training has been co mpleted. School council members 4
elected to fill a vacancy shall complete the applicable training within thirty (30) 5
days of their election. 6
(7) A school that chooses to have school -based decision making but would like to be 7
exempt from the administrative s tructure set forth by this section may develop a 8
model for implementing school-based decision making, including but not limited to 9
a description of the membership, organization, duties, and responsibilities of a 10
school council. The school shall submit the model through the local board of 11
education to the commissioner of education and the Kentucky Board of Education, 12
which shall have final authority for approval. The application for approval of the 13
model shall show evidence that it has been developed by repr esentatives of the 14
parents, students, certified personnel, and the administrators of the school and that 15
two-thirds (2/3) of the faculty have agreed to the model. 16
(8) The Kentucky Board of Education, upon recommendation of the commissioner of 17
education, sh all adopt by administrative regulation a formula by which school 18
district funds shall be allocated to each school council. Included in the school 19
council formula shall be an allocation for professional development that is at least 20
sixty-five percent (65%) of the district's per pupil state allocation for professional 21
development for each student in average daily attendance in the school. The school 22
council shall plan professional development in compliance with requirements 23
specified in KRS 156.095, except as provided in KRS 158.649. School councils of 24
small schools shall be encouraged to work with other school councils to maximize 25
professional development opportunities. 26
(9) (a) No board member, superintendent of schools, district employee, or member of 27
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a school council shall intentionally engage in a pattern of practice which is 1
detrimental to the successful implementation of or circumvents the intent of 2
school-based decision making to allow the professional staff members of a 3
school and parents to be involved in the decision making process in working 4
toward meeting the educational goals established in KRS 158.645 and 5
158.6451 or to make decisions in areas of policy assigned to a school council 6
pursuant to paragraph (i) of subsection (2) of this section. 7
(b) An affected party who believes a violation of this subsection has occurred 8
may file a written complaint with the Office of Education Accountability. The 9
office shall investigate the complaint and resolve the conflict, if possible, or 10
forward the matter to the Kentucky Board of Education. 11
(c) The Kentucky Board of Education shall conduct a hearing in accordance with 12
KRS Chapter 13B for complaints referred by the Office of Education 13
Accountability. 14
(d) If the state board determines a violation has occurred, the party shall be 15
subject to reprimand. A second violation of this subsection may be grounds 16
for removing a superintendent or a member of a school council from office or 17
grounds for dismissal of an employee for misconduct in office or willful 18
neglect of duty. 19
(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the 20
state board determines a violation of the nondisclosure agreement required by 21
subsection (2)(h)2.b. of this section by a school council member has occurred, 22
the state board shall remove the member from the school council, and the 23
member shall be permanently prohibited from serving on any school council 24
in the district. 25
(10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or 26
maintain a sch ool-based decision making council and the powers, duties, and 27
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authority granted to a school council may be rescinded or the school council's role 1
may be advisory if the commissioner of education or the Kentucky Board of 2
Education takes action under KRS 160.346. 3
(11) Each school council of a school containing grades K -5 or any combination thereof, 4
or if there is no school council, the principal, shall develop and implement a 5
wellness policy that includes moderate to vigorous physical activity each day and 6
encourages healthy choices among students. The policy may permit physical 7
activity to be considered part of the instructional day, not to exceed thirty (30) 8
minutes per day, or one hundred and fifty (150) minutes per week. Each school 9
council, or if there is no school council, the principal, shall adopt an assessment tool 10
to determine each child's level of physical activity on an annual basis. The council 11
or principal may utilize an existing assessment program. The Kentucky Department 12
of Education shall make available a list of available resources to carry out the 13
provisions of this subsection. [ The department shall report to the Legislative 14
Research Commission no later than November 1 of each year on how the schools 15
are providing physical activity under this subsection and on the types of physical 16
activity being provided.] The policy developed by the school council or principal 17
shall comply with provisions required by federal law, state law, or local board 18
policy. 19
(12) Notwithstanding any statute to the contra ry, the Kentucky Board of Education or 20
Kentucky Department of Education shall not require a school to complete any 21
component of a comprehensive school improvement plan that does not expressly 22
apply to that school by federal law or state statute. When requi ring a school to 23
complete a component of a comprehensive school improvement plan, the 24
department shall provide the school a specific citation to the federal law or state 25
statute requiring that school to complete the component. 26
Section 2. KRS 160.380 is amended to read as follows: 27
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(1) As used in this section: 1
(a) "Administrative finding of child abuse or neglect" means a substantiated 2
finding of child abuse or neglect issued by the Cabinet for Health and Family 3
Services that is: 4
1. Not appealed through an administrative hearing conducted in 5
accordance with KRS Chapter 13B; 6
2. Upheld at an administrative hearing conducted in accordance with KRS 7
Chapter 13B and not appealed to a Circuit Court; or 8
3. Upheld by a Circuit Court in an appeal of the results of an 9
administrative hearing conducted in accordance with KRS Chapter 13B; 10
(b) "Alternative education program" means a program that exists to meet the 11
needs of students that cannot be addressed in a traditional classroom setting 12
but through the assignment of students to alternative classrooms, centers, or 13
campuses that are designed t o remediate academic performance, improve 14
behavior, or provide an enhanced learning experience. Alternative education 15
programs do not include career or technical centers or departments; 16
(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 17
Services indicating that there are no administrative findings of child abuse or 18
neglect relating to a specific individual; 19
(d) "Relative" means father, mother, brother, sister, husband, wife, son and 20
daughter; and 21
(e) "Vacancy" means any certified p osition opening created by the resignation, 22
dismissal, nonrenewal of contract, transfer, or death of a certified staff 23
member of a local school district, or a new position created in a local school 24
district for which certification is required. However, if an employer-employee 25
bargained contract contains procedures for filling certified position openings 26
created by the resignation, dismissal, nonrenewal of contract, transfer, or 27
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death of a certified staff member, or creation of a new position for which 1
certification is required, a vacancy shall not exist, unless certified positions 2
remain open after compliance with those procedures. 3
(2) Except as provided in KRS 160.346, the school district personnel actions identified 4
in this section shall be carried out as follows: 5
(a) All appointments, promotions, and transfers of principals, supervisors, 6
teachers, and other public school employees shall be made only by the 7
superintendent of schools, who shall notify the board of the action taken. All 8
employees of the local district shall have the qualifications prescribed by law 9
and by the administrative regulations of the Kentucky Board of Education and 10
of the employing board. Supervisors, principals, teachers, and other 11
employees may be appointed by the superintendent for any school year at any 12
time after February 1 preceding the beginning of the school year. No 13
superintendent of schools shall appoint or transfer himself or herself to 14
another position within the school district; 15
(b) When a vacancy occurs in a local school district, the superintendent shall 16
submit the job posting to the statewide job posting system described in KRS 17
160.152 fifteen (15) days before the position shall be filled. The local school 18
district shall post position openings in the local board office f or public 19
viewing; and 20
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 21
prevent disruption of necessary instructional or support services of the school 22
district, the superintendent may seek a waiver from the chief state school 23
officer outside of the process established in KRS 156.161. If the waiver is 24
approved, the appointment shall not be made until the person recommended 25
for the position has been approved by the chief state school officer. The chief 26
state school officer shall respond to a district's request for waiver or for 27
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approval of an appointment within two (2) working days[; and 1
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 2
search to locate minority teachers to be considered for the pos ition. The 3
superintendent shall, pursuant to administrative regulations of the Kentucky 4
Board of Education, report annually the district's recruitment process and the 5
activities used to increase the percentage of minority teachers in the district]. 6
(3) Restrictions on employment of relatives shall be as follows: 7
(a) No relative of a superintendent of schools shall be an employee of the school 8
district. However, this shall not apply to a relative who is a classified or 9
certified employee of the school distri ct for at least thirty -six (36) months 10
prior to the superintendent assuming office and who is qualified for the 11
position the employee holds. A superintendent's spouse who has previously 12
been employed in a school system may be an employee of the school dist rict. 13
A superintendent's spouse who is employed under this provision shall not hold 14
a position in which the spouse supervises certified or classified employees. A 15
superintendent's spouse may supervise teacher aides and student teachers. 16
However, the superi ntendent shall not promote a relative who continues 17
employment under an exception of this subsection; 18
(b) No superintendent shall employ a relative of a school board member of the 19
district; 20
(c) No principal's relative shall be employed in the principal's school; and 21
(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 22
this subsection may be employed as a substitute for a certified or classified 23
employee if the relative is not: 24
1. A regular full-time or part-time employee of the district; 25
2. Accruing continuing contract status or any other right to continuous 26
employment; 27
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3. Receiving fringe benefits other than those provided other substitutes; or 1
4. Receiving preference in employment or assignment over other 2
substitutes. 3
(4) No superintendent shall assign a certified or classified staff person to an alternative 4
education program as part of any disciplinary action taken pursuant to KRS 161.011 5
or 161.790 as part of a corrective action plan established pursuant to the local 6
district evaluation plan. 7
(5) No superintendent shall employ in any position in the district any person who: 8
(a) Has been convicted of an offense that would classify a person as a violent 9
offender under KRS 439.3401; 10
(b) Has been convicted of a sex crime as defi ned by KRS 17.500 or a 11
misdemeanor offense under KRS Chapter 510; 12
(c) Is required to register as a sex offender under KRS 17.500 to 17.580; or 13
(d) Has an administrative finding of child abuse or neglect in records maintained 14
by the Cabinet for Health and Family Services. 15
(6) Requirements for background checks shall be as follows: 16
(a) A superintendent shall require the following individuals to submit to a 17
national and state criminal background check by the Department of Kentucky 18
State Police and the Federal Bureau of Investigation and have a clear CA/N 19
check, provided by the individual: 20
1. Each new certified or classified hire; 21
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 22
161.185; 23
3. A student teacher; 24
4. A school-based decision making council parent member; and 25
5. Any adult who is permitted access to school grounds on a regularly 26
scheduled and continuing basis pursuant to a written agreement for the 27
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purpose of providing services directly to a student or st udents as part of 1
a school-sponsored program or activity; 2
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 3
a. Classified and certified individuals employed by the school district 4
prior to June 27, 2019; 5
b. Certified individua ls who were employed in another certified 6
position in a Kentucky school district within six (6) months of the 7
date of hire and who had previously submitted to a national and 8
state criminal background check and who have a clear CA/N check 9
for the previous employment; or 10
c. Student teachers who have submitted to and provide a copy of a 11
national and state criminal background check by the Department 12
of Kentucky State Police and the Federal Bureau of Investigation 13
through an accredited teacher education institut ion in which the 14
student teacher is enrolled and who have a clear CA/N check. 15
2. The Education Professional Standards Board may promulgate 16
administrative regulations to impose additional qualifications to meet 17
the requirements of Pub. L. No. 92-544; 18
(c) A parent member may serve prior to the receipt of the criminal history 19
background check and CA/N letter required by paragraph (a) of this 20
subsection but shall be removed from the council on receipt by the school 21
district of a report documenting a record of abuse or neglect, or a sex crime or 22
criminal offense against a victim who is a minor as defined in KRS 17.500, or 23
as a violent offender as defined in KRS 17.165, and no further procedures 24
shall be required; 25
(d) A superintendent may require a volunteer or a visitor to submit to a national 26
and state criminal history background check by the Department of Kentucky 27
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State Police and the Federal Bureau of Investigation and have a clear CA/N 1
check, provided by the individual; and 2
(e) The superintendent of a school d istrict operating under an alternative 3
transportation plan approved by the Kentucky Department of Education in 4
accordance with KRS 156.153(3) shall require the driver of any non -school 5
bus passenger vehicle authorized to transport students to and from scho ol 6
pursuant to the alternative transportation plan who does not have a valid 7
commercial driver's license issued in accordance with KRS Chapter 281A 8
with an "S" endorsement to: 9
1. Submit to a national and state criminal background check by the 10
Department of Kentucky State Police and the Federal Bureau of 11
Investigation at least once every three (3) years and a criminal records 12
check conducted in accordance with KRS 27A.090 in all other years; 13
2. Submit to drug testing consistent with the requirements of 49 C. F.R. pt. 14
40; 15
3. Provide a biannual driving history record check performed by the 16
Transportation Cabinet; 17
4. Provide an annual clear CA/N check; 18
5. Immediately notify the superintendent of any conviction for a violation 19
under KRS Chapter 189 for which penalty points are assessed; and 20
6. Immediately notify the superintendent of any citation or arrest for a 21
violation of any provision of KRS Chapter 189A. The superintendent 22
shall inform the Kentucky Department of Education of the notification. 23
(7) (a) If a cert ified or classified position remains unfilled after July 31 or if a 24
vacancy occurs during a school term, a superintendent may employ an 25
individual, who will have supervisory or disciplinary authority over minors, 26
on probationary status pending receipt of t he criminal history background 27
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check and a clear CA/N check, provided by the individual. Application for the 1
criminal record and a request for a clear CA/N check of a probationary 2
employee shall be made no later than the date probationary employment 3
begins. 4
(b) Employment shall be contingent on the receipt of the criminal history 5
background check documenting that the probationary employee has no record 6
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 7
of a letter, provided by the individual, from the Cabinet for Health and Family 8
Services stating the employee is clear to hire based on no administrative 9
findings of child abuse or neglect found through a background check of child 10
abuse and neglect records maintained by the Cabinet f or Health and Family 11
Services. 12
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 13
probationary employment under this section shall terminate on receipt by the 14
school district of a criminal history background check documenting a record 15
of a sex crime or as a violent offender as defined in KRS 17.165 and no 16
further procedures shall be required. 17
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 18
employee on the basis of a criminal record other than a record of a sex crime or as a 19
violent offender as defined in KRS 17.165, or on the basis of a CA/N check 20
showing an administrative finding of child abuse or neglect. 21
(9) (a) All fingerprints requested under this section shall be on an applicant 22
fingerprint card provided by the Department of Kentucky State Police. The 23
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 24
from the Department of Kentucky State Police after a state criminal 25
background check is conducted. The results of the state and federal criminal 26
background check shall be sent to the hiring superintendent. Any fee charged 27
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by the Department of Kentucky State Police, the Federal Bureau of 1
Investigation, and the Cabinet for Health and Family Services shall be an 2
amount no greater than the actual cost of processing the request and 3
conducting the search. 4
(b) Each application form, provided by the employer to an applicant for a 5
certified or classified position, shall conspicuously state the following: "FOR 6
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 7
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 8
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 9
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 10
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 11
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 12
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 13
FOR HEALTH AND FAMILY SERVICES." 14
(c) Each application form for a district position shall require the applicant to: 15
1. Identify the states in which he or she has maintained residency, 16
including the dates of residency; and 17
2. Provide picture identification. 18
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 19
when an employee of the school di strict is charged with any offense which is 20
classified as a felony, the superintendent may transfer the employee to a second 21
position until such time as the employee is found not guilty, the charges are 22
dismissed, the employee is terminated, or the superin tendent determines that further 23
personnel action is not required. The employee shall continue to be paid at the same 24
rate of pay he or she received prior to the transfer. If an employee is charged with 25
an offense outside of the Commonwealth, this provision may also be applied if the 26
charge would have been treated as a felony if committed within the 27
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Commonwealth. Transfers shall be made to prevent disruption of the educational 1
process and district operations and in the interest of students and staff and shal l not 2
be construed as evidence of misconduct. 3
(11) Notwithstanding any law to the contrary, each certified and classified employee of 4
the school district shall notify the superintendent if he or she has been found by the 5
Cabinet for Health and Family Servi ces to have abused or neglected a child, and if 6
he or she has waived the right to appeal a substantiated finding of child abuse or 7
neglect or if the substantiated incident was upheld upon appeal. Any failure to 8
report this finding shall result in the certi fied or classified employee being subject 9
to dismissal or termination. 10
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 11
Health and Family Services website. 12
Section 3. KRS 158.1413 is amended to read as follows: 13
(1) Beginning with the 2019 -2020 school year, each school district shall implement 14
essential workplace ethics programs that promote characteristics that are critical to 15
success in the workplace. Each student in elementary, middle , and high school shall 16
receive essential workplace ethics instruction that shall include but not be limited 17
to: 18
(a) Adaptability, including an openness to learning and problem solving, an 19
ability to embrace new ways of doing things, and a capability for c ritical 20
thinking; 21
(b) Diligence, including seeing a task through to completion; 22
(c) Initiative, including taking appropriate action when needed without waiting 23
for direct instruction; 24
(d) Knowledge, including exhibiting an understanding of work -related 25
information, the ability to apply that understanding to a job, and effectively 26
explain the concepts to colleagues in reading, writing, mathematics, science, 27
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and technology as required by the job; 1
(e) Reliability, including showing up on time, wearing appropri ate attire, self -2
control, motivation, and ethical behavior; 3
(f) Remaining drug-free; and 4
(g) Working well with others, including effective communication skills, respect 5
for different points of view and diversity of coworkers, the ability to 6
cooperate and collaborate, enthusiasm, and the ability to provide appropriate 7
leadership to or support for colleagues. 8
(2) (a) A school district shall use the essential workplace ethics characteristics listed 9
in subsection (1) of this section when creating a program or when choosing an 10
existing program. 11
(b) Each school district's local workforce investment board, in conjunction with 12
local economic development organizations from its state regional sector, and 13
other economic, workforce, or industry organizations the workfo rce 14
investment board deems necessary, shall recommend to the school district 15
best practices which may be used by schools to implement an essential 16
workplace ethics program. 17
(3) By January 1, 2019, and every two (2) years thereafter, each local school boar d 18
shall collaborate with the local workforce investment board, in conjunction with 19
local economic development organizations from its state regional sector, and other 20
economic, workforce, or industry organizations the workforce investment board 21
deems necessary, to establish essential workplace ethics indicators for middle and 22
high school students that are aligned with the essential workplace ethics 23
characteristics listed in subsection (1) of this section. 24
(4) Each local school board shall design and adopt a diploma seal, certificate, card, or 25
other identifiable symbol to award students deemed as having minimally 26
demonstrated attainment of the local board's essential workplace ethics indicators[. 27
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(5) By September 1, 2019, and every two (2) years thereafter, th e superintendent of 1
each school district shall provide to the commissioner of education and the 2
Kentucky Workforce Innovation Board a report, in a format specified by the 3
commissioner, describing the school district's essential workplace ethics programs 4
and how they are being implemented at each school. A summary report compiled 5
by the commissioner that includes information from all local school district reports 6
shall be provided to the Kentucky Board of Education, the Interim Joint Committee 7
on Education , the Kentucky Workforce Innovation Board and each Kentucky 8
superintendent and principal in order to foster program improvement and the 9
sharing of best practices]. 10
Section 4. KRS 158.647 (Effective until January 1, 2027) is amended to read as 11
follows: 12
(1) A permanent subcommittee of the Legislative Research Commission to be known 13
as the Education Assessment and Accountability Review Subcommittee is hereby 14
created. The subcommittee shall be composed of eight (8) members ap pointed as 15
follows: three (3) members of the Senate appointed by the President of the Senate; 16
one (1) member of the minority party in the Senate appointed by the Minority Floor 17
Leader in the Senate; three (3) members of the House of Representatives appoint ed 18
by the Speaker of the House of Representatives; and one (1) member of the 19
minority party in the House of Representatives appointed by the Minority Floor 20
Leader in the House of Representatives. Members of the subcommittee shall serve 21
for terms of two (2) years, and the members appointed from each chamber shall 22
elect one (1) member from their chamber to serve as co -chair. The co -chairs shall 23
have joint responsibilities for subcommittee meeting agendas and presiding at 24
subcommittee meetings. A majority of t he entire membership of the Education 25
Assessment and Accountability Review Subcommittee shall constitute a quorum, 26
and all actions of the subcommittee shall be by vote of a majority of its entire 27
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membership. Any vacancy that may occur in the membership of the subcommittee 1
shall be filled by the same appointing authority who made the original appointment. 2
(2) The subcommittee shall review administrative regulations and advise the Kentucky 3
Board of Education concerning the implementation of the state system o f 4
assessment and accountability, established in KRS 158.6453, 158.6455, and 5
158.782, and for any administrative regulation promulgated under provisions of 6
KRS 158.860. 7
(3) The subcommittee may temporarily authorize the Kentucky Department of 8
Education or K entucky Board of Education to require a new report that is not 9
expressly required by state statute or federal law while the General Assembly is 10
not in session. The authorization shall expire upon the sine die adjournment of 11
the next regular session of the General Assembly. 12
(4) The subcommittee shall advise and monitor the Office of Education Accountability 13
in the performance of its duties according to the provisions of KRS 7.410. 14
(5)[(4)] On an alternating basis, each co -chair shall have the first option to set the 15
monthly meeting date. A monthly meeting may be canceled by agreement of both 16
co-chairs. The members of the subcommittee shall be compensated for attending 17
meetings as provided in KRS 7.090. 18
(6)[(5)] Any professional, clerical, or other employees required by the subcommittee 19
shall be provided in accordance with the provisions of KRS 7.090. 20
Section 5. KRS 158.647 (Effective January 1, 2027) is ame nded to read as 21
follows: 22
(1) A permanent subcommittee of the Legislative Research Commission to be known 23
as the Education Assessment and Accountability Review Subcommittee is hereby 24
created. The subcommittee shall be composed of eight (8) members appointed as 25
follows: three (3) members of the Senate appointed by the President of the Senate; 26
one (1) member of the minority party in the Senate appointed by the Minority Floor 27
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Leader in the Senate; three (3) members of the House of Representatives appointed 1
by t he Speaker of the House of Representatives; and one (1) member of the 2
minority party in the House of Representatives appointed by the Minority Floor 3
Leader in the House of Representatives. Members of the subcommittee shall be 4
appointed in January of each o dd-numbered year and shall serve for terms of two 5
(2) years. The President of the Senate and Speaker of the House of Representatives 6
shall each appoint one (1) member of the subcommittee from their chamber to serve 7
as co -chair. The co -chairs shall have joi nt responsibilities for subcommittee 8
meeting agendas and presiding at subcommittee meetings. A majority of the entire 9
membership of the Education Assessment and Accountability Review 10
Subcommittee shall constitute a quorum, and all actions of the subcommitt ee shall 11
be by vote of a majority of its entire membership. Any vacancy that may occur in 12
the membership of the subcommittee shall be filled within thirty (30) days of the 13
occurrence, in the same manner as the original appointment, and for the balance of 14
the vacated member's term. 15
(2) The subcommittee shall review administrative regulations and advise the Kentucky 16
Board of Education concerning the implementation of the state system of 17
assessment and accountability, established in KRS 158.6453, 158.6455, and 18
158.782, and for any administrative regulation promulgated under provisions of 19
KRS 158.860. 20
(3) The subcommittee may temporarily authorize the Kentucky Department of 21
Education or Kentucky Board of Education to require a new report that is not 22
expressly required by state statute or federal law while the General Assembly is 23
not in session. The temporary authorization shall expire upon the sine die 24
adjournment of the next regular session of the General Assembly. 25
(4) The subcommittee shall advise and monitor t he Office of Education Accountability 26
in the performance of its duties according to the provisions of KRS 7.410. 27
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(5)[(4)] On an alternating basis, each co -chair shall have the first option to set the 1
monthly meeting date. A monthly meeting may be canceled by agreement of both 2
co-chairs. The members of the subcommittee shall be compensated for attending 3
meetings as provided in KRS 7.090. 4
(6)[(5)] Any professional, clerical, or other employees required by the subcommittee 5
shall be provided in accordance with the provisions of KRS 7.090. 6
Section 6. The following KRS section is repealed: 7
158.867 Minimum requirements for summer learning camps at schools with certain 8
Title I programs -- Mandatory reports -- Student participation guidelines -- Teacher 9
compensation -- Summary annual reports. 10
Section 7. (1) Notwithstanding 2025 Ky. Acts ch. 145, sec. 13(3), the 11
Kentucky Department of Education and Kentucky Board of Education may require the 12
following reports, regardless of whether the report is expressly required by state statute or 13
federal law: 14
(a) Any ne w or existing report required to administer federal programs or 15
required to respond to specific requests or requirements from the United States 16
Department of Education or other federal government entity, including but not limited to: 17
1. 21st Century Community Learning Center reports; 18
2. Perkins Comprehensive Local Needs Assessment; and 19
3. "CDIP" quarterly expenditure reports; 20
(b) Any existing report required to administer state funding; 21
(c) Any new or existing report required to administer federal funding; 22
(d) Any existing report required to monitor compliance with state statute; 23
(e) Any new or existing report required to monitor compliance with federal law; 24
(f) Any report temporarily authorized by the Education Assessment and 25
Accountability Review Subcommittee pursuant to Section 4 or 5 of this Act; 26
(g) Any existing report related to pupil transportation, including but not limited 27
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to: 1
1. School bus inventory; 2
2. Transportation growth factor adjustment form; 3
3. Certification of school bus transportation milage; 4
4. School bus driver database; 5
5. Pupil transportation adjustment end-of-year form; and 6
6. School bus accidents; 7
(h) The superintendent compensation survey; 8
(i) Professional staff data report; 9
(j) Classified staff data report; 10
(k) Growth factor report; 11
(l) Superintendent's annual attendance report; 12
(m) QA homeless report; 13
(n) Alternative education program reports; 14
(o) New and amended school calendars; 15
(p) Home/hospital reporting; and 16
(q) Property acquisition and disposal. 17
(2) Except as provided in subsection (1) of this section, the Kentucky Department 18
of Education shall cease requiring the following reports: 19
(a) Any component of a comprehensive school improvement plan that does not 20
expressly apply to a specific school under federal law or state statute, regardless of 21
whether the component is required by a state administrative regulation; and 22
(b) Any component of a comprehensive district improvement plan that does not 23
expressly apply to a specific sc hool district under federal law or state statute, regardless 24
of whether the component is required by a state administrative regulation. 25
Section 8. The components of 703 KAR 5:225 that impose a reporting 26
requirement on any school or school district that are not expressly required by federal law 27
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or state statute shall be null and void. 1
Section 9. Whereas school districts need relief from unnecessary reporting 2
requirements upon starting the 2026-2027 school year, an emergency is declared to exist, 3
and this Act takes effect July 1, 2026. 4