AN ACT relating to education and declaring an emergency.

UNOFFICIAL COPY 26 RS HB 727/EN
Page 1 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
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 161.028 is amended to read as follows: 3
(1) The Education Professional Standards Board is recognized to be a public body 4
corporate and politic and an agency and instrumentality of the Commonwealth, in 5
the performanc e of essential governmental functions. The Education Professional 6
Standards Board has the authority and responsibility to: 7
(a) Establish standards and requirements for obtaining and maintaining a teaching 8
certificate; 9
(b) Set standards for, approve, and evaluate college, university, and school district 10
programs for the preparation of teachers and other professional school 11
personnel. College or university programs may be approved by the board for a 12
college or university with regional institutional level accr editation or national 13
institutional level accreditation that is recognized by the United States 14
Department of Education and is eligible to receive federal funding under 20 15
U.S.C. secs. 1061 to 1063. Program standards shall reflect national standards 16
and shall address, at a minimum, the following: 17
1. The alignment of programs with the state's core content for assessment 18
as defined in KRS 158.6457; 19
2. Research-based c lassroom practices, including effective classroom 20
management techniques; 21
3. Emphasis on subject matter competency of teacher education students; 22
4. Methodologies to meet diverse educational needs of all students; 23
5. The consistency and quality of classroom and field experiences, 24
including early practicums and student teaching experiences; 25
6. The amount of college-wide or university-wide involvement and support 26
during the preparation as well as the induction of new teachers; 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 2 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
7. The diversity of faculty; 1
8. The effectiveness of partnerships with local school districts; and 2
9. The performance of graduates on various measures as determined by the 3
board; 4
(c) Conduct an annual review of diversity in teacher preparation programs; 5
(d) Provide assistance to universit ies and colleges in addressing diversity, which 6
may include researching successful strategies and disseminating the 7
information, encouraging the development of nontraditional avenues of 8
recruitment and providing incentives, waiving administrative regulatio ns 9
when needed, and other assistance as deemed necessary; 10
(e) Discontinue approval of programs that do not meet standards or whose 11
graduates do not perform according to criteria set by the board; 12
(f) Issue, renew, revoke, suspend, or refuse to issue or ren ew; impose 13
probationary or supervisory conditions upon; issue a written reprimand or 14
admonishment; or any combination of actions regarding any certificate; 15
(g) Develop specific guidelines to follow upon receipt of an allegation of sexual 16
misconduct by an employee certified by the Education Professional Standards 17
Board. The guidelines shall include investigation, inquiry, and hearing 18
procedures which ensure the process does not revictimize the alleged victim 19
or cause harm if an employee is falsely accused; 20
(h) Receive, along with investigators hired by the Education Professional 21
Standards Board, training on the dynamics of sexual misconduct of 22
professionals, including the nature of this abuse of authority, characteristics of 23
the offender, the impact on the vi ctim, the possibility and the impact of false 24
accusations, investigative procedures in sex offense cases, and effective 25
intervention with victims and offenders; 26
(i) Recommend to the Kentucky Board of Education the essential data elements 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 3 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
relating to teache r preparation and certification, teacher supply and demand, 1
teacher attrition, teacher diversity, and employment trends to be included in a 2
state comprehensive data and information system and periodically report data 3
to the appropriate Interim Joint Committee on Education; 4
(j) Submit reports to the Governor and the Legislative Research Commission and 5
inform the public on the status of teaching in Kentucky; 6
(k) Devise a credentialing system that provides alternative routes to gaining 7
certification and greater flexibility in staffing local schools while maintaining 8
standards for teacher competence; 9
(l) Develop a professional code of ethics; 10
(m) Charge reasonable fees for the issuance, reissuance, and renewal of 11
certificates that are established by administrati ve regulation. The proceeds 12
shall be used to meet a portion of the costs of the issuance, reissuance, and 13
renewal of certificates, [and ] the costs associated with disciplinary action 14
against a certificate holder under KRS 161.120 , and the costs associated with 15
the development and maintenance of the Kentucky Educator Placement 16
Service System required under Section 2 of this Act; 17
(n) Waive a requirement that may be established in an administrative regulation 18
promulgated by the board. A request for a waiver sh all be submitted to the 19
board, in writing, by an applicant for certification, a postsecondary institution, 20
or a superintendent of a local school district, with appropriate justification for 21
the waiver. The board may approve the request if the person or ins titution 22
seeking the waiver has demonstrated extraordinary circumstances justifying 23
the waiver. Any waiver granted under this subsection shall be subject to 24
revocation if the person or institution falsifies information or subsequently 25
fails to meet the intent of the waiver; 26
(o) Promote the development of one (1) or more innovative, nontraditional or 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 4 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
alternative administrator or teacher preparation programs through public or 1
private colleges or universities, private contractors, the Department of 2
Education, or the Kentucky Commonwealth Virtual University and waive 3
administrative regulations if needed in order to implement the program; 4
(p) Grant approval, if appropriate, of a university's request for an alternative 5
program that enrolls an administrator candida te in a postbaccalaureate 6
administrator preparation program concurrently with employment as an 7
assistant principal, principal, assistant superintendent, or superintendent in a 8
local school district. An administrator candidate in the alternative program 9
shall be granted a temporary provisional certificate and shall be a candidate in 10
the Kentucky Principal Internship Program, notwithstanding provisions of 11
KRS 161.030, or the Superintendent's Assessment process, notwithstanding 12
provisions of KRS 156.111, as ap propriate. The temporary certificate shall be 13
valid for a maximum of two (2) years, and shall be contingent upon the 14
candidate's continued enrollment in the preparation program and compliance 15
with all requirements established by the board. A professional c ertificate shall 16
be issued upon the candidate's successful completion of the program, 17
internship requirements, and assessments as required by the board; 18
(q) Employ consultants as needed; 19
(r) Enter into contracts. Disbursements to professional educators who receive less 20
than one thousand dollars ($1,000) in compensation per fiscal year from the 21
board for serving on an assessment validation panel or as a test scorer or 22
proctor shall not be subject to KRS 45A.690 to 45A.725; 23
(s) Sponsor studies, conduct resear ch, conduct conferences, and publish 24
information as appropriate; and 25
(t) Issue orders as necessary in any administrative action before the board. 26
(2) (a) The board shall be composed of seventeen (17) members. The secretary of the 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 5 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
Education and Labor Cabine t and the president of the Council on 1
Postsecondary Education, or their designees, shall serve as ex officio voting 2
members. The Governor shall make the following fifteen (15) appointments: 3
1. Nine (9) memb ers who shall be teachers representative of elementary, 4
middle or junior high, secondary, special education, and secondary 5
vocational classrooms; 6
2. Two (2) members who shall be school administrators, one (1) of whom 7
shall be a school principal; 8
3. One (1) member representative of local boards of education; and 9
4. Three (3) members representative of postsecondary institutions, two (2) 10
of whom shall be deans of colleges of education at public universities 11
and one (1) of whom shall be the chief academic offic er or head of an 12
educator preparation program of an independent not-for-profit college or 13
university. 14
(b) The members appointed by the Governor shall be confirmed by the Senate 15
under KRS 11.160. If the General Assembly is not in session at the time of the 16
appointment, persons appointed shall serve prior to confirmation, but the 17
Governor shall seek the consent of the Senate at the next regular session or at 18
an intervening extraordinary session if the matter is included in the call of the 19
General Assembly. 20
(c) Each appointed member shall serve a three (3) year term. A vacancy on the 21
board shall be filled in the same manner as the original appointment within 22
sixty (60) days after it occurs. A member shall continue to serve until his or 23
her successor is named. A ny member who, through change of employment 24
status or residence, or for other reasons, no longer meets the criteria for the 25
position to which he or she was appointed shall no longer be eligible to serve 26
in that position. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 6 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(d) Members of the board shall serve without compensation but shall be permitted 1
to attend board meetings and perform other board business without loss of 2
income or other benefits. 3
(e) A state agency or any political subdivision of the state, including a school 4
district, required to hire a substitute for a member of the board who is absent 5
from the member's place of employment while performing board business 6
shall be reimbursed by the board for the actual amount of any costs incurred. 7
(f) A chairman shall be elected by and from the membershi p. A member shall be 8
eligible to serve no more than three (3) one (1) year terms in succession as 9
chairman. Regular meetings shall be held at least semiannually on call of the 10
chairman. 11
(g) The commissioner of education shall serve as executive secretary t o the board 12
and may designate staff to facilitate his or her duties. 13
(h) To carry out the functions relating to its duties and responsibilities, the board 14
is empowered to receive donations and grants of funds; to appoint consultants 15
as needed; and to spons or studies, conduct conferences, and publish 16
information. 17
Section 2. KRS 160.152 is amended to read as follows: 18
(1) As used in [For purposes of] this section, "Kentucky Educator Placement Service 19
System" or "system" means the online statewide job posting system operated by the 20
Kentucky Department of Education for vacancies at , and applications to, local 21
school districts and public charter schools. 22
(2) The Kentucky Department of Education shall ensure that the Kentucky Educ ator 23
Placement Service System: 24
(a) Is accessible through the department's website; 25
(b) Includes a mechanism for local school districts and public charter schools to 26
electronically post[submit] job openings [for posting ] on the system as 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 7 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
provided in subsection (4) of this section; 1
(c) Allows the public to review job postings; 2
(d) Allows potential applicants to create one (1) or more universal applications 3
and electronically submit applications and relevant application materials to 4
multiple local school districts or public charter schools; and 5
(e) Permits school districts and public charter schools to access, review, and 6
download applications and application materials. 7
(3) Each job posting for a vacancy at a school district or public charter school shall 8
include the school district's or public charter school's policy against discrimination 9
in employment. 10
(4) School districts and public charter schools shall electronically post[submit] all job 11
openings[postings] to the system. All postings must include an openin g and closing 12
date for each position posted. 13
(5) The Kentucky Department of Education shall operate and maintain the system to 14
ensure that job postings are current, including tracking each unique position posted, 15
monitoring for repeated position postings, and removing outdated postings, and to 16
collect accurate data about employment in public schools. 17
(6) Nothing in this section shall: 18
(a) Prohibit a school district or public charter school from advertising job 19
openings and recruiting employees independently from the system; 20
(b) Prohibit a school district or public charter school from using another method 21
of advertising job openings or another applicant tracking system in addition to 22
the system; 23
(c) Require all job applications for posted vacancies to be submitted digitally or 24
only be submitted through the system; or 25
(d) Provide the Kentucky Department of Education with any regulatory authority 26
in the hiring process or hiring decisions of any school district or public charter 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 8 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
school. 1
(7) The Kentucky Department of Education shall prepare a report detailing data from 2
the system and its implication for the status of employment in public schools, 3
including but not limited to the number and type of unique and duplicated job 4
postings, how often postings are viewed by the public, and positions that are 5
remaining vacant by type, certification requirement, and location. The report shall 6
be submitted to the Legislative Research Commission for referral to the Interim 7
Joint Committee on Education annually by October 1 [, 2023, and annually 8
thereafter]. 9
Section 3. KRS 161.030 is amended to read as follows: 10
(1) Notwithstanding the age of the pupil, the certification of all teachers and other 11
school personnel, in public schools only, is vested in the Education Professional 12
Standards Board. When so certified, teachers and other school personnel shall not 13
be required to have licensure, certification, or other forms of approval from any 14
other state agency for the performance of their respective assignments within the 15
system of public schools, except as provided for by law. All certificates authorized 16
under KRS 161.010 to 161.126 shall be issued in accordance with the 17
administrative regula tions of the Education Professional Standards Board. After 18
July 15, 1994, all certificate applications and other data collection instruments of 19
the board shall include a request for voluntary information about the applicant's 20
ethnic background. This information shall be available to help local school districts 21
locate minority candidates. A person who holds a certificate prior to this 22
requirement may request that ethnic information be added to his or her file. Nothing 23
in this section shall preclude the right of an individual in a nonpublic school from 24
seeking voluntary certification by the Education Professional Standards Board. 25
(2) Certificates shall be issued upon written application and in accordance with statutes 26
and regulations in effect at the time of a pplication to persons who have completed, 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 9 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
at colleges, universities, or local school district programs approved by the 1
Education Professional Standards Board for the preparation of teachers and other 2
school personnel, the curricula prescribed by the admini strative regulations of the 3
Education Professional Standards Board. 4
(3) (a) Certification of all new teachers and teachers seeking additional certification 5
shall require the successful completion of appropriate assessments prior to 6
certification. The assessments shall be selected by the Education Professional 7
Standards Board and shall measure knowledge in the specific teaching field of 8
the applicant, including content of the field and teaching of that content. The 9
Education Professional Standards Board shal l determine the minimum 10
acceptable level of achievement on each assessment. The assessments shall 11
measure those concepts, ideas, and facts which are being taught in teacher 12
education programs in Kentucky. Upon successful completion of the 13
assessments and t he approved teacher preparation program, a professional 14
certificate valid for five (5) years shall be issued. 15
(b) If an applicant for teacher certification has completed the approved teacher 16
preparation program and has taken but failed to successfully comp lete the 17
appropriate assessments selected by the Education Professional Standards 18
Board, a conditional certificate may be issued for a period not to exceed one 19
(1) year. The employing school district, in collaboration with the teacher 20
education institution, shall provide technical assistance and mentoring support 21
to the conditionally certified teacher. The teacher shall retake the assessments 22
during the validity period of the conditional certificate. The conditional 23
certificate shall not be reissued. Upon s uccessful completion of the required 24
assessments, a professional certificate valid for five (5) years shall be issued. 25
The Education Professional Standards Board shall promulgate administrative 26
regulations to establish the standards and procedures for issu ance of a 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 10 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
conditional certificate. 1
(c) If an out -of-state teacher with less than two (2) years' experience comes to 2
Kentucky after the deadline for taking the assessments, a temporary certificate 3
may be issued for a period up to six (6) months. The teacher shall take the 4
assessments during the period of the temporary certificate. If the teacher fails 5
the assessments, the temporary certificate shall be valid only for the current 6
semester. If the teacher passes the assessments, a professional certificate vali d 7
for five (5) years shall be issued. 8
(4) A reasonable fee to be paid by the teacher and directly related to the actual cost of 9
the administration of the assessments shall be established by the Education 10
Professional Standards Board. Provisions shall be made for persons having less than 11
minimum levels of performance on any assessment to repeat that assessment, and 12
candidates shall be informed of their strengths and weaknesses in the specific 13
performance areas. The Education Professional Standards Board shal l provide for 14
confidentiality of the individual assessment scores. Scores shall be available only to 15
the candidate and to the education officials who are responsible for determining 16
whether established certification standards have been met. Scores shall be used only 17
in the assessment for certification of new teachers and of out -of-state teachers with 18
less than two (2) years of teaching experience who are seeking initial certification 19
in Kentucky. 20
(5) If an applicant establishes eligibility for a five (5) year professional certificate under 21
the provisions of subsection (3)(a) of this section, the applicant shall also be eligible 22
for the issuance of a certificate for substitute teaching as provided by the 23
administrative regulations of the Education Professional Standards Board. 24
(6) (a) The Education Professional Standards Board shall issue a ten (10) year 25
emeritus certificate to an applicant who has: 26
1. Retired or will retire not more than one (1) year prior to the expiration 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 11 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
date of the certificate; 1
2. Met the requirements to receive an emeritus certificate as set forth in 2
administrative regulation promulgated by the Education Professional 3
Standards Board; and 4
3. Completed the required application unless the provisions of KRS 5
161.120 apply. 6
(b) The Education Professional Standards Board shall issue a one (1) time five (5) 7
year exception certificate to an individual: 8
1. Whose certificate has expired; 9
2. Whose rank upon expiration was Rank I or Rank II; 10
3. Who has met the requirements to receive an exception certi ficate as set 11
forth in administrative regulation promulgated by the Education 12
Professional Standards Board; 13
4. Who completed three (3) years of classroom instruction prior to the 14
certificate's expiration; and 15
5. Who has completed the required application u nless the provisions of 16
KRS 161.120 apply. 17
(c) The Education Professional Standards Board shall issue a five (5) year 18
certificate to an individual: 19
1. Whose certificate has expired; 20
2. Who has met the requirements for a certificate or statement of 21
eligibility in an administrative regulation promulgated by the 22
Education Professional Standards Board; and 23
3. Who submits proof of successful completion of six (6) credit hours of 24
graduate coursework. 25
(d) The Education Professional Standards Board shall issue a one (1) time five 26
(5) year certificate to an individual: 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 12 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
1. Whose certificate has expired; 1
2. Who has met the requirements for a certificate or statement of 2
eligibility in an administrative regulatio n promulgated by the 3
Education Professional Standards Board; and 4
3. Who submits a waiver issued by a school district superintendent 5
exempting the applicant from the requirement to submit proof of 6
successful completion of six (6) credit hours of graduate co ursework 7
under paragraph (c)3. of this subsection. 8
(7) The Education Professional Standards Board shall approve the curricula of any 9
college or university, or of any department thereof, for the training of teachers, and 10
any nontraditional or alternative te acher preparation program offered in a public or 11
private postsecondary education institution, private contractor, or state agency, and 12
shall also approve the curricula of any local district alternative certification 13
program, when the curricula comply with the administrative regulations of the 14
Education Professional Standards Board for the issuance of certificates and when 15
the institution has met the terms and conditions provided in KRS 161.010 to 16
161.120. Any student who has completed any of these curricula , as approved by the 17
Education Professional Standards Board, and who has completed the prescribed 18
requirements for the issuance of certificates shall be granted a certificate 19
corresponding to the curricula completed. 20
(8) The issuance of any certificate, ex cept emergency certificates issued pursuant to 21
KRS 161.100, by the Education Professional Standards Board shall not be 22
dependent upon an offer of employment. The certification process, except for 23
emergency certificates, is independent of any job prospects and certification shall 24
be awarded on the basis of completing a teacher preparation program or an 25
alternative certification pathway and passing required assessments. 26
Section 4. KRS 157.220 is amended to read as follows: 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 13 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(1) The Department of Education is hereby designated as the agency for cooperation 1
with the state and federal government agencies, the nonpublic school programs and 2
local schools of Kentucky in carrying out the provisions of KRS 157.200 to 3
157.290[157.280]. 4
(2) The Kentucky Board of Education shall promulgate[make] necessary 5
administrative[rules and] regulations in accordance[keeping] with[ the provisions 6
of] KRS 157.200 to 157.290[157.280 for their proper administration], including but 7
not limited to establishment of classes, eligibility and admission of pupils, [ the] 8
curriculum, class size and caseload limitations in accordance with subsection (3) 9
of this section, housing, special equipment, and instructional supplies. 10
(3) In providing special education services for the exceptional children and youth 11
specified in subsection (3)(a) to (m) of Section 5 of this Act: 12
(a) The maximum class size for special classes for students with the following 13
conditions shall be limited to: 14
1. Eight (8) students with autism; 15
2. Ten (10) students with a developmental delay; 16
3. Eight (8) students with an emotional-behavioral disability; 17
4. Ten (10) students with a functional mental disability; 18
5. Six (6) students with a hearing impairment; 19
6. Fifteen (15) students with a mild mental disability; 20
7. Ten (10) students with multiple disabilities; 21
8. Sixteen (16) students with an orthopedic impairment; 22
9. Sixteen (16) students with an other health impairment; 23
10. Ten (10) students in kindergarten to grade five (5) and fifteen (15) 24
students in grades six (6) to twelve (12) with a specific learning 25
disability; and 26
11. Ten (10) students with a visual disability; 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 14 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(b) The maximum caseloads for teachers of special classes shall be as follows: 1
1. Fifteen (15) students with autism; 2
2. Fifteen (15) students with a developmental delay; 3
3. Fifteen (15) students with an emotional-behavioral disability; 4
4. Ten (10) students with a functional mental disability; 5
5. Eight (8) students with a hearing impairment; 6
6. Fifteen (15) students in kindergarten to grade five (5) and twenty (20) 7
students in grades six (6) to twelve (12) with a mild mental disability; 8
7. Ten (10) students with multiple disabilities; 9
8. Twenty (20) students with an orthopedic impairment; 10
9. Twenty (20) students with an other health impairment; 11
10. Fifteen (15) students in kindergarten to grade five (5) and twenty (20) 12
students in grades six (6) to twelve (12) with a specific learning 13
disability; and 14
11. Ten (10) students with a visual disability; 15
(c) For speech-language pathologists the caseload limitations in KRS 334A.190 16
shall apply; 17
(d) Special classes containing more than one (1) disabili ty category shall use 18
the category of the majority of students in the class to determine the 19
maximum class size established in paragraph (a) of this subsection; 20
(e) Two (2) students above the maximum class size established in paragraph (a) 21
of this subsection may be added to a class if a paraprofessional is present; 22
(f) If a teacher of exceptional children and youth provides services through the 23
collaborative model, the maximum caseload shall not exceed twenty (20) 24
students in grades six (6) to twelve (12) a nd fifteen (15) students in 25
kindergarten to grade five (5); 26
(g) If a teacher of exceptional children provides services through a 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 15 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
combination of collaboration and special classes, the maximum caseload 1
shall not exceed those established in paragraph (b) of this subsection; 2
(h) Teachers of special classes who are assigned student records of more than 3
one (1) disability category shall use the category of the majority of students 4
on the caseload to determine the maximum caseload established in 5
paragraph (b) of this subsection; and 6
(i) State preschool caseload and class size maximums shall be maintained 7
pursuant to Section 7 of this Act. 8
(4)[(2)] The Department of Education is authorized to receive contributions and 9
donations that may be made to carry out [ the provisions and requirements of] KRS 10
157.200 to 157.290[157.280]. 11
(5)[(3)] Local supervision of special educational facilities for exceptional children and 12
youth shall be approved by the Department of Education according to 13
administrative[rules and] regulations promulgated[approved] by the Kentucky 14
Board of Education. 15
Section 5. KRS 157.200 is amended to read as follows: 16
As used in KRS 157.200 to 157.290: 17
(1) "Admissions and release committee" or "ARC" means a group of indivi duals 18
that is responsible for developing, reviewing, or revising an individualized 19
education program for an exceptional child or youth; 20
(2) "Caseload" means the number of exceptional children and youth assigned to a 21
teacher of exceptional children and yout h for the purpose of overseeing the 22
management of individualized specially designed instruction and related services 23
as required by the individualized education program; 24
(3) "Exceptional children and youth" means persons under twenty -one (21) years of 25
age who differ in one (1) or more respects from same -age peers in physical, mental, 26
learning, emotional, or social characteristics and abilities to such a degree that they 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 16 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
need special educational programs or services for them to benefit from the regular 1
or usual facilities or educational programs of the public schools in the districts in 2
which they reside. The Department of Education, through administrative 3
regulations promulgated by the Kentucky Board of Education, shall interpret the 4
statutory definitions of exceptionality. An exceptionality is any trait so defined in 5
this section or by administrative regulations promulgated by the Kentucky Board of 6
Education. Requirements of average daily attendance for exceptional classes shall 7
be regulated by statute, or i n the absence of direction by administrative regulations 8
promulgated by the Kentucky Board of Education. Categories of exceptionalities 9
included within, but not limited by, this definition are as follows: 10
(a) "Orthopedic impairment" means a severe physical impairment of bone or 11
muscle which adversely affects educational performance to the extent that 12
specially designed instruction is required for the pupil to benefit from 13
education. The term includes physical impairments caused by congenital 14
anomaly, disease, and from other causes; 15
(b) "Other health impairment[impaired]" means limited strength, vitality, or 16
alertness, including a heightened alertness to environmental stimuli, due to a 17
chronic or acute health problem which adversely affects educational 18
performance to the extent that specially designed instruction is required for 19
the pupil to benefit from education. Chronic health problems may include, but 20
are not be limited to, a heart condition, tuberculosis, sickle cell anemia, 21
hemophilia, epilepsy, rheumati c fever, nephritis, asthma, lead poisoning, 22
leukemia, diabetes, attention deficit disorder, attention deficit hyperactive 23
disorder, or acquired immune deficiency syndrome; 24
(c) "Speech or language impairment" means a communication disorder such as 25
stuttering, impaired articulation, impaired language, impaired voice, delayed 26
acquisition of language, or absence of language that adversely affects 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 17 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
educational performance to the extent that specially designed instruction is 1
required for the pupil to benefit from education; 2
(d) "Hearing impairment" means a physiological hearing loss: 3
1. Ranging from mild to profound, which is either permanent or 4
fluctuating, and of such a degree that the pupil is impaired in the 5
processing of linguistic information via the auditory channel either with 6
or without amplification; or 7
2. That adversely affects educational performance so that specially 8
designed instruction is required for the child or youth to benefit from 9
education. 10
The term shall include both deaf and hard of hearing children; 11
(e) "Mental disability" means a deficit or delay in intellectual a nd adaptive 12
behavior functioning, which adversely affects educational performance to the 13
extent that specially designed instruction is required for the pupil to benefit 14
from education, and which is typically manifested during the developmental 15
period; 16
(f) "Specific learning disability" means a disorder in one (1) or more of the 17
psychological processes primarily involved in understanding or using spoken 18
or written language, which selectively and significantly interferes with the 19
acquisition, integration, or application of listening, speaking, reading, writing, 20
reasoning, or mathematical abilities. "Specific learning disability" may 21
include conditions such as dyslexia, dyscalculia, dysgraphia, developmental 22
aphasia, or perceptual motor disabilities. The disord er is lifelong, intrinsic to 23
the individual, and adversely affects educational performance to the extent 24
that specially designed instruction is required in order for the pupil to benefit 25
from education. Determination of the existence of a specific learning 26
disability shall include documentation that a child does not make sufficient 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 18 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
progress in meeting age or grade -level content standards when provided with 1
appropriate instruction and learning experiences delivered by qualified 2
personnel, including the child 's response to scientific, research -based 3
interventions and additional information derived from an individual 4
evaluation. The term does not include a learning problem which is primarily 5
the result of: 6
1. A hearing impairment; 7
2. Visual, physical, mental, or emotional-behavioral disabilities; 8
3. Environmental, cultural, or economic differences; or 9
4. Limited English proficiency; 10
(g) "Emotional-behavioral disability" means a condition characterized by 11
behavioral excess or deficit which significantly interfere s with a pupil's 12
interpersonal relationships or learning process to the extent that it adversely 13
affects educational performance so that specially designed instruction is 14
required in order for the pupil to benefit from education; 15
(h) "Multiple disability" means a combination of two (2) or more disabilities 16
resulting in significant learning, developmental, or behavioral and emotional 17
problems, which adversely affects educational performance and, therefore, 18
requires specially designed instruction in order for the pupil to benefit from 19
education. A pupil is not considered to have a multiple disability if the 20
adverse effect on educational performance is solely the result of deaf -21
blindness or the result of speech or language disability and one (1) other 22
disabling condition; 23
(i) "Deaf-blind" means auditory and visual impairments, the combination of 24
which creates such severe communication and other developmental and 25
learning needs that the pupil cannot be appropriately educated in special 26
education programs designed solely for pupils with hearing impairments, 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 19 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
visual impairments, or severe disabilities, unless supplementary assistance is 1
provided to address educational needs resulting from the two (2) disabilities; 2
(j) "Visually disabled" means a visual impairment, wh ich, even with correction, 3
adversely affects educational performance to the extent that specially 4
designed instruction is required for the pupil to benefit from education. The 5
term includes both partially seeing and blind pupils; 6
(k) "Developmental delay" means a significant discrepancy between a child's 7
current level of performance in basic skills such as cognition, language or 8
communication, self -help, social -emotional, or fine or gross motor, and the 9
expected level of performance for that age. The term s hall be used only with 10
children ages three (3) through eight (8); 11
(l) "Traumatic brain injury" means an acquired impairment to the neurological 12
system resulting from an insult to the brain which adversely affects 13
educational performance and causes temporar y or permanent and partial or 14
complete loss of: 15
1. Cognitive functioning; 16
2. Physical ability; or 17
3. Communication or social-behavioral interaction. 18
The term does not include a brain injury that is congenital or degenerative, or 19
a brain injury induced by birth trauma; 20
(m) "Autism" means a developmental disability significantly affecting verbal and 21
nonverbal communication and social interaction, generally evident before age 22
three (3), that adversely affects educational performance. Characteristics of 23
autism include: 24
1. Engagement in repetitive activity and stereotyped movement; 25
2. Resistance to environmental change or change in daily routine; and 26
3. Unusual responses to sensory experience. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 20 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
The term does not include children with characteristics of an emotio nal-1
behavioral disability; and 2
(n) "Gifted and talented student" means a pupil identified as possessing 3
demonstrated or potential ability to perform at an exceptionally high level in 4
general intellectual aptitude, specific academic aptitude, creative or di vergent 5
thinking, psychosocial or leadership skills, or in the visual or performing 6
arts;[. 7
(2) "Special education" means specially designed instruction to meet the unique needs 8
of an exceptional child or youth. 9
(3) "Special educational facilities" means p hysical facilities designed or adapted to 10
meet the needs of exceptional children and youth, and approved according to 11
regulations promulgated by the Kentucky Board of Education.] 12
(4) "Related services" means transportation and the developmental, corrective, and 13
other supportive services required to assist an exceptional child or youth to benefit 14
from special education, and may include, but are not limited to, speech -language 15
pathology and audiology services; psychological services; physical and 16
occupational therapy; recreation, including therapeutic recreation; early 17
identification and assessment of disabilities; counseling services, including 18
rehabilitation counseling; orientation and mobility services; medical services for 19
diagnostic or evaluation purposes; school health services; social work services in 20
schools; and parent counseling and training;[.] 21
(5) "Special classes" means specially equipped and staffed classes in which an 22
exceptional child or youth, individually or in small groups, spends part of his or 23
her day receiving specially designed instruction or related services as determined 24
by the ARC; 25
(6) "Special education" means specially designed instruction to meet the unique 26
needs of an exceptional child or youth; 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 21 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(7) "Special educational facilities" means physical facilities designed or adapted to 1
meet the needs of exceptional children and youth, and approved according to 2
administrative regulations promulgated by the Kentucky Board of Education; and 3
(8)[(5)] "Transition services" means a coordinated set of activities for a pupil designed 4
within an outcome -oriented process, that promotes movement from school to 5
postschool activities. The term includes: 6
(a) Postsecondary education; 7
(b) Vocational training; and 8
(c) Integrated employment, including supported employment, continuing and 9
adult education, adult services, independent living, or community 10
participation. 11
The coordinated set of activities shall be based on the individual pupi l's needs, 12
taking into account the pupil's preferences and interests, and shall include 13
instruction, community experience, the development of employment, and other 14
postschool adult living objectives, and, if appropriate, acquisition of daily living 15
skills and functional vocational evaluation. 16
Section 6. KRS 157.230 is amended to read as follows: 17
School boards of any school district subject to [ the provisions of] KRS 157.200 to 18
157.290[157.280], shall establish and maintain special educational programs for 19
exceptional children and youth who are residents of their school district, or contract for 20
programs as may be authorized by KRS 157.280. 21
Section 7. KRS 157.3175 is amended to read as follows: 22
(1) Each local school district shall ensure that a developmentally appropriate half -day 23
preschool education program is provided for each child who is at risk of educational 24
failure and who is four (4) years of age[: 25
(a) By October 1, for any year prior to 2017; or 26
(b) ] by August 1[, for 2017 or any year thereafter]. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 22 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
All other four (4) year old children shall be served to the extent placements are 1
available. The Kentucky Board of Education, upon the recommendation of the chief 2
state school officer, shall adopt administrative regulations establishing the 3
guidelines for the program. Administrative regulations shall establish eligibility 4
criteria, program guidelines, and standards for personnel. 5
(2) "Developmentally appropriate preschool program" means a program which focuses 6
on the physical, intellectual, social, and emotional development of young children. 7
The preschool program shall help children with their interpersonal and socialization 8
skills. 9
(3) Funds appropriated by the General Assembly for the preschool education programs 10
shall be granted to local school districts according to a grant allotment system 11
approved by the Kentucky Board of Education. Children who are at risk shall be 12
identified based on the Federal School Lunch Program eligibility criteria for free 13
lunch. Appropriations shall be separate from all other funds appropriated to the 14
Department of Education and shall be administered in accordance with applicable 15
federal and state statutes and administrative regu lations. Eligible local school 16
districts shall receive funds based on the average number of preschool children 17
being served on December 1 and March 1 of the prior academic year who are 18
appropriately identified as: 19
(a) Three (3) and four (4) years of age with disabilities; and 20
(b) Four (4) years of age identified as at risk of educational failure. 21
Local school districts may develop cooperative arrangements with other school 22
districts or organizations in accordance with KRS 157.280. 23
(4) A child shall be elig ible for a free and appropriate preschool education and related 24
services if: 25
(a) 1. The child has been identified as a child with a disability in accordance 26
with the Individuals with Disabilities Education Act, 20 U.S.C. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 23 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
sec.[secs.] 1400 et seq.; or 1
2. The child has been identified in accordance with the definitions and 2
procedures for exceptional children and youth in accordance with KRS 3
157.200(3)[(1)](a) to (m); and 4
(b) The child is three (3) or four (4) years of age[: 5
1. By October 1, for any year before 2017; or 6
2. ] by August 1[, for 2017 or any year thereafter]. 7
(5) The chief state school officer shall receive and review proposals from local school 8
districts for grants to operate or oversee the operation of developmenta lly 9
appropriate preschool education programs. Districts may submit proposals for 10
implementing new services, enhancing existing preschool education services, or 11
contracting for services. In designing a local early childhood education program, 12
each district shall work with existing preschool programs to avoid duplication of 13
programs and services, to avoid supplanting federal funds, and to maximize Head 14
Start funds in order to serve as many four (4) year old children as possible. 15
(6) Each program proposal shall include, at a minimum: 16
(a) A description of the process conducted by the district to ensure that the 17
parents or guardians of all eligible participants have been made aware of the 18
program and of their right to participate; 19
(b) A description of the planned educational programming and related services; 20
(c) The estimated number of children participating in the program; 21
(d) Strategies for involving children with disabilities; 22
(e) Estimated ratio of staff to children with the maximum being one (1) adult for 23
each ten (10) children; 24
(f) The estimated percentage of children participating in the program who are at 25
risk of educational failure; 26
(g) Information on the training and qualifications of program staff and 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 24 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
documentation that the staff meet required standards; 1
(h) A budget and per-child expenditure estimate; 2
(i) A plan to facilitate active parental involvement in the preschool program, 3
including provisions for complementary parent education when appropriate; 4
(j) Facilities and equipment which are appropriate for young children; 5
(k) The days of the week and hours of a day during which the program shall 6
operate; 7
(l) A plan for coordinating the program with existing medical and social services, 8
including a child development and health screening component; 9
(m) Assurances that participants shall receive breakfast or lunch; 10
(n) Program sites which meet state and local licensure requirements; 11
(o) A plan for coordinating program philosophy and activities with the local 12
district's primary school program; 13
(p) An evaluation component; and 14
(q) Certification from the local Head Start director that the Head Start program is 15
fully utilized pursuant to subsection (4) of this section. 16
(7) If the superintendent and local Head Start director are unable to reach an agreement 17
on whether a Head Start program is fully utilized, the superintendent or local Head 18
Start director shall notify the chief state school officer. The local Head Start director 19
shall provide the chief state school officer all information relevant to the utilization 20
of the Head Start program. Within thirty (30) days of notification from the 21
superintendent or local Head Start director, the chief state school officer shall make 22
a determination of whether a Head Start program is fully utilized and may execute 23
the certification required by subsection (6)(q) of this section on behalf of the local 24
Head Start director. 25
(8) Programs shall reflect an equitable geographic distribution representative of all 26
areas of the Commonwealth. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 25 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
Section 8. KRS 159.990 is amended to read as follows: 1
(1) Any parent, guardian, or custodian who intentionally fails to comply with the 2
requirements of KRS 159.010 to 159.170, except as provided in subsection (5) of 3
this section, shall be fined one hundred dollars ( $100) for the first offense, and two 4
hundred fifty dollars ($250) for the second offense. Each subsequent offense shall 5
be classified as a Class B misdemeanor. A new offense shall not be constituted until 6
any previous offense has been finally adjudicated. The court trying the case may 7
suspend enforcement of the fine if the child is immediately placed in attendance at a 8
school, and may finally remit the fine if the attendance continues regularly for the 9
full school term. School attendance may be proved by an attested certificate of the 10
principal or teacher in charge of the school. 11
(2) Any principal, teacher, director of pupil personnel, assistant director of pupil 12
personnel, or other school officer who intentionally fails to comply with the 13
provisions of KRS 159.010 to 159.250, or of KRS 160.330 shall be fined not less 14
than twenty-five dollars ($25) nor more than fifty dollars ($50). Upon conviction 15
under this subsection, a director of pupil personnel or assistant director of pupil 16
personnel shall be removed from office and have his certificate revoked, and a 17
principal, teacher, or other school officer may have his certificate revoked. 18
(3) Any person, other than those persons mentioned in subsections (1) and (2) of this 19
section, who fails to comply with any of the provisions of this chapter relating to 20
compulsory attendance, or who violat es any of the provisions of KRS 159.130, 21
shall be fined not less than fifty dollars ($50) nor more than two hundred dollars 22
($200), or imprisoned in the county jail for not more than sixty (60) days, or both. 23
(4) Any person who violates any of the provisio ns of KRS 159.270 shall be liable to a 24
fine of not less than fifty dollars ($50) and shall be liable to the punishment 25
prescribed by law for the crime of false swearing. If he is an officer, he shall be 26
removed from office; and if he is a director of pupil personnel, his certificate shall 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 26 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
be revoked. 1
(5) Any of the following who intentionally fails to comply with the requirements of 2
KRS 159.150 shall be fined one hundred dollars ($100) for the first offense and two 3
hundred fifty dollars ($250) for each subsequent offense: 4
(a) A student enrolled in a public school who has attained the age of eighteen (18) 5
years, but who has not yet reached his or her twenty-first birthday, for whom a 6
guardian has not been appointed by a court of competent jurisdiction, whethe r 7
or not that student is identified as an exceptional child or youth under KRS 8
157.200(3)[(1)](a) to (m); 9
(b) A parent, guardian, or custodian of a student enrolled in a public school who 10
has not reached his or her eighteenth birthday; or 11
(c) A guardian appointed by a court of competent jurisdiction of a student who is 12
enrolled in a public school, has been identified as an exceptional child or 13
youth under KRS 157.200 (3)[(1)](a) to (m), and has attained the age of 14
eighteen (18) years, but who has not yet rea ched his or her twenty -first 15
birthday. 16
Any person described in paragraph (a), (b), or (c) of this subsection shall be 17
informed by personnel of the local school district that a public school student who 18
has not reached his or her twenty-first birthday shall be subject to truancy laws. 19
(6) All fines imposed and all sums required to be paid as penalties under this section 20
shall, after payment of the costs of prosecution and recovery thereof, be paid into 21
the treasury of the district board of education and bec ome a part of the school fund 22
of the district. 23
Section 9. KRS 156.029 is amended to read as follows: 24
(1) There is hereby established a Kentucky Board of Education, which shall consist of 25
eleven (11) voting members appoin ted by the Governor and confirmed by the 26
Senate of the General Assembly, with the president of the Council on 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 27 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
Postsecondary Education and the secretary of the Education and Labor Cabinet 1
serving as ex officio nonvoting members, and an active public element ary or 2
secondary school teacher and a public high school student appointed by the board 3
as described in subsection (4)[(3)] of this section serving as nonvoting members. 4
Seven (7) voting members shall represent each of the Supreme Court districts as 5
established by KRS 21A.010, and four (4) voting members shall represent the state 6
at large. Each of the voting members shall serve for a four (4) year term, except the 7
initial appointments shall be as follows: the seven (7) members representing 8
Supreme Court districts shall serve a term which shall expire on April 14, 1994; and 9
the four (4) at -large members shall serve a term which shall expire on April 14, 10
1992. Subsequent appointments shall be submitted to the Senate for confirmation in 11
accordance with KRS 11.160. 12
(2) Appointments of the voting members shall be made without reference to 13
occupation. No voting member at the time of his or her appointment or during the 14
term of his or her service shall be engaged as a professional educator. Beginning 15
with voting mem bers appointed on or after June 29, 2021, appointments to the 16
group of members representing Supreme Court districts and to the group of at -large 17
members, respectively, shall reflect equal representation of the two (2) sexes, 18
inasmuch as possible; reflect n o less than proportional representation of the two (2) 19
leading political parties of the Commonwealth based on the state's voter registration 20
and the political affiliation of each appointee as of December 31 of the year 21
preceding the date of his or her appo intment; and reflect the minority racial 22
composition of the Commonwealth based on the total minority racial population 23
using the most recent census or estimate data from the United States Census 24
Bureau. If the determination of proportional minority represe ntation does not result 25
in a whole number of minority members, it shall be rounded up to the next whole 26
number. A particular political affiliation shall not be a prerequisite to appointment 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 28 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
to the board generally; however, if any person is appointed to the board that does 1
not represent either of the two (2) leading political parties of the Commonwealth, 2
the proportional representation by political affiliation requirement shall be 3
determined and satisfied based on the total number of members on the board les s 4
any members not affiliated with either of the two (2) leading political parties. 5
Pursuant to KRS 63.080, a member shall not be removed except for cause or, 6
beginning with voting members appointed on or after June 29, 2021, in accordance 7
with KRS 63.080(3). Notwithstanding KRS 12.028, the board shall not be subject to 8
reorganization by the Governor. 9
(3) Ex officio and other nonvoting members shall not be represented by proxy at any 10
meeting of the board. 11
(4) The nonvoting teacher and student members shall b e selected by the board from the 12
state's seven (7) Supreme Court [six (6) congressional] districts on a rotating basis 13
from different districts. The public high school student shall be classified as a 14
sophomore[junior] at the time of appointment. The teache r and student members 15
shall serve for a one (1) year term [, except the initial appointments shall serve a 16
term which shall expire on April 14, 2022] . The board shall promulgate an 17
administrative regulation establishing the process for selecting the nonvoti ng 18
teacher and student members. 19
(5) A vacancy in the voting membership of the board shall be filled by the Governor 20
for the unexpired term with the consent of the Senate. In the event that the General 21
Assembly is not in session at the time of the appointme nt, the consent of the Senate 22
shall be obtained during the time the General Assembly next convenes. 23
(6) At the first regular meeting of the board in each fiscal year, a chairperson shall be 24
elected from its voting membership. 25
(7) The members shall be reimbursed for actual and necessary expenses incurred in the 26
performance of their duties. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 29 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(8) The commissioner of education shall serve as the executive secretary to the board. 1
(9) The primary function of the board shall be to develop and adopt policies and 2
administrative regulations, with the advice of the Local Superintendents Advisory 3
Council, by which the Department of Education shall be governed in planning, 4
coordinating, administering, supervising, operating, and evaluating the educational 5
programs, servic es, and activities within the Department of Education which are 6
within the jurisdiction of the board. 7
Section 10. KRS 156.160 is amended to read as follows: 8
(1) With the advice of the Local Superintendents Advisory Counc il, the Kentucky 9
Board of Education shall promulgate administrative regulations establishing 10
standards which school districts shall meet in student, program, service, and 11
operational performance. These regulations shall comply with the expected 12
outcomes fo r students and schools set forth in KRS 158.6451. Administrative 13
regulations shall be promulgated for the following: 14
(a) Courses of study for the different grades and kinds of common schools 15
identifying the common curriculum content directly tied to the go als, 16
outcomes, and assessment strategies developed under KRS 158.645, 17
158.6451, and 158.6453 and distributed to local school districts and schools. 18
The administrative regulations shall provide that: 19
1. If a school offers American sign language, the course shall be accepted 20
as meeting the foreign language requirements in common schools 21
notwithstanding other provisions of law; 22
2. If a school offers the Reserve Officers Training Corps program, the 23
course shall be accepted as meeting the physical education requ irement 24
for high school graduation notwithstanding other provisions of law; 25
3. Every public middle and high school's curriculum shall include 26
instruction on the Holocaust and other cases of genocide, as defined by 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 30 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
the United Nations Convention on the Prevention and Punishment of the 1
Crime of Genocide, that a court of competent jurisdiction, whether a 2
court in the United States or the International Court of Justice, has 3
determined to have been committed by applying rigorous standards of 4
due process; and 5
4. Beginning in the 2025 -2026 school year, cursive writing shall be 6
included as a course of study in all elementary schools and shall be 7
designed to ensure proficiency in cursive writing by the end of grade 8
five (5); 9
(b) Courses of study or educational experiences available to students in all middle 10
and high schools to fulfill the prerequisites for courses in advanced science 11
and mathematics as defined in KRS 158.845; 12
(c) The acquisition and use of educational equipment fo r the schools as 13
recommended by the Kentucky Department of Education [Council for 14
Education Technology]; 15
(d) The minimum requirements for high school graduation in light of the 16
expected outcomes for students and schools set forth in KRS 158.6451. The 17
minimum requirements shall not include achieving any postsecondary 18
readiness indicator as described in KRS 158.645 5 or any minimum score on a 19
statewide assessment administered under KRS 158.6453. Student scores from 20
any assessment administered under KRS 158.6453 that are determined by the 21
department's technical advisory committee to be valid and reliable at the 22
individual level shall be included on the student transcript. The department's 23
technical advisory committee shall submit its determination to the 24
commissioner of education and the Legislative Research Commission; 25
(e) The requirements for an alternative high scho ol diploma for students with 26
disabilities whose individualized education program indicates that, in 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 31 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
accordance with 20 U.S.C. sec. 1414(d)(1)(A): 1
1. The student cannot participate in the regular statewide assessment; and 2
2. An appropriate alternate assessm ent has been selected for the student 3
based upon a modified curriculum and an individualized course of 4
study; 5
(f) Taking and keeping a school census, and the forms, blanks, and software to be 6
used in taking and keeping the census and in compiling the requi red reports. 7
The board shall create a statewide student identification numbering system 8
based on students' Social Security numbers. The system shall provide a 9
student identification number similar to, but distinct from, the Social Security 10
number, for each student who does not have a Social Security number or 11
whose parents or guardians choose not to disclose the Social Security number 12
for the student; 13
(g) Sanitary and protective construction of public school buildings, toilets, 14
physical equipment of school grounds, school buildings, and classrooms. With 15
respect to physical standards of sanitary and protective construction for school 16
buildings, the Kentucky Board of Education shall adopt the Uniform State 17
Building Code; 18
(h) Medical inspection, physical and he alth education and recreation, and other 19
regulations necessary or advisable for the protection of the physical welfare 20
and safety of the public school children. The administrative regulations shall 21
set requirements for student health standards to be met by all students in 22
grades four (4), eight (8), and twelve (12) pursuant to the outcomes described 23
in KRS 158.6451. The administrative regulations shall permit a student who 24
received a physical examination no more than six (6) months prior to his or 25
her initial admission to Head Start to substitute that physical examination for 26
the physical examination required by the Kentucky Board of Education of all 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 32 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
students upon initial admission to the public schools, if the physical 1
examination given in the Head Start program meets all the requirements of the 2
physical examinations prescribed by the Kentucky Board of Education; 3
(i) A vision examination by an optometrist or ophthalmologist that shall be 4
required by the Kentucky Board of Education. The administrative regulat ions 5
shall require evidence that a vision examination that meets the criteria 6
prescribed by the Kentucky Board of Education has been performed. This 7
evidence shall be submitted to the school no later than January 1 of the first 8
year that a three (3), four (4), five (5), or six (6) year -old child is enrolled in a 9
public school, public preschool, or Head Start program; 10
(j) 1. [Beginning with the 2010 -2011 school year, ] A dental screening or 11
examination by a dentist, dental hygienist, physician, registered nur se, 12
advanced practice registered nurse, or physician assistant that shall be 13
required by the Kentucky Board of Education. The administrative 14
regulations shall require evidence that a dental screening or examination 15
that meets the criteria prescribed by the Kentucky Board of Education 16
has been performed. This evidence shall be submitted to the school no 17
later than January 1 of the first year that a five (5) or six (6) year -old 18
child is enrolled in a public school. 19
2. A child shall be referred to a licensed d entist if a dental screening or 20
examination performed by anyone other than a licensed dentist identifies 21
the possibility of dental disease; 22
(k) The transportation of children to and from school; 23
(l) The fixing of holidays on which schools may be closed and special days to be 24
observed, and the pay of teachers during absence because of sickness or 25
quarantine or when the schools are closed because of quarantine; 26
(m) The preparation of budgets and salary schedules for the several school 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 33 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
districts under the mana gement and control of the Kentucky Board of 1
Education; 2
(n) A uniform series of forms and blanks, educational and financial, including 3
forms of contracts, for use in the several school districts; 4
(o) The disposal of real and personal property owned by local boards of 5
education; and 6
(p) The development and implementation of procedures, for all students who are 7
homeless children and youths as defined in 42 U.S.C. sec. 11434a(2), to do 8
the following: 9
1. Awarding and accepting of credit, including partial credit , for all 10
coursework satisfactorily completed by a student while enrolled at 11
another school; 12
2. Allowing a student who was previously enrolled in a course required for 13
graduation the opportunity, to the extent practicable, to complete the 14
course, at no cost to the student, before the beginning of the next school 15
year; 16
3. Awarding a diploma, at the student's request, by a district from which 17
the student transferred, if the student transfers schools at any time after 18
the completion of the student's second yea r of high school and the 19
student is ineligible to graduate from the district to which the student 20
transfers, but meets the graduation requirements of the district from 21
which the student transferred; and 22
4. Exempting the student from all coursework and othe r requirements 23
imposed by the local board of education that are in addition to the 24
minimum requirements for high school graduation established by the 25
Kentucky Board of Education pursuant to paragraph (d) of this 26
subsection in the district to which the stud ent transfers, if the student 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 34 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
transfers schools at any time after the completion of the student's second 1
year of high school and the student is ineligible to graduate both from 2
the district to which the student transfers and the district from which the 3
student transferred. 4
(2) Any private, parochial, or church school may voluntarily comply with curriculum, 5
certification, and textbook standards established by the Kentucky Board of 6
Education and be certified upon application to the board by such schools. 7
(3) Any public school that violates the provisions of KRS 158.854 shall be subject to a 8
penalty to be assessed by the commissioner of education as follows: 9
(a) The first violation shall result in a fine of no less than one (1) week's revenue 10
from the sale of the competitive food; 11
(b) Subsequent violations shall result in a fine of no less than one (1) month's 12
revenue from the sale of the competitive food; 13
(c) "Habitual violations," which means five (5) or more violations within a six (6) 14
month period, shall result in a six (6) month ban on competitive food sales for 15
the violating school; and 16
(d) Revenue collected as a result of the fines in this subsection shall be 17
transferred to the food service fund of the local school district. 18
Section 11. KRS 156.670 is amended to read as follows: 19
(1) The Kentucky Department of Education [Council for Education Technology] shall 20
develop the master plan for education technology and submit the plan to the 21
Kentucky Board of Education and the Legislative Research Commission for 22
approval. Implementation of each stage of the master plan shall begin immediately 23
upon approval of the board and the Legislative Research Commiss ion. The plan 24
shall outline the Commonwealth's five (5) year activities related to purchasing, 25
developing, and using technology to: 26
(a) Improve learning and teaching and the ability to meet individual students' 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 35 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
needs to increase student achievement; 1
(b) Improve curriculum delivery to help meet the needs for educational equity 2
across the state; 3
(c) Improve delivery of professional development; 4
(d) Improve the efficiency and productivity of administrators; and 5
(e) Encourage development by the private sector a nd acquisition by districts of 6
technologies and applications appropriate for education. 7
(2) The five (5) year plan shall cover all aspects of education technology, including but 8
not limited to [,] its use in educational instruction and administration, video and 9
computer systems, software and hardware, multiple delivery systems for satellite, 10
microwave, cable, instructional television fixed service, fiber optic, and computer 11
connections products, the preparation of school buildings for technological 12
readiness, and the development of staff necessary to implement the plan. 13
(3) The five (5) year plan shall include specific recommendations to the Kentucky 14
Board of Education for the adoption of administrative regulations to establish and 15
implement a uniform and int egrated system of standards and guidelines for 16
financial accounting and reporting which shall be used by all school districts. 17
(4) The integrated technology -based communications system shall provide 18
comprehensive, current, accurate, and accessible informat ion relating to 19
management, finance, operations, instruction, and pupil programs which are under 20
the jurisdiction of the Department of Education. 21
(5) To facilitate communication among teachers, parents, students, and prospective 22
employers of students, and to provide access to many vital technological services, 23
the five (5) year plan shall include the installation of a telephone in each classroom. 24
(6) In designing and implementing the five (5) year plan, the department[council] shall 25
consider seeking the act ive participation of private organizations whose knowledge 26
and assistance will be useful. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 36 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(7) [The council shall update as necessary the plan developed under subsection (2) of 1
this section and report to the Legislative Research Commission at the completion of 2
each implementation phase of the master plan. 3
(8) ]The department[council] shall submit its recommendations to the Kentucky Board 4
of Education, which shall accept the recommendations [,] or return them to the 5
department[council] along with suggestions f or changes to make the 6
recommendations consistent with the policies of the Kentucky Board of Education. 7
Section 12. KRS 157.615 is amended to read as follows: 8
As used in KRS 157.611 to 157.640, unless the context requires otherwise: 9
(1) "Available local revenue" means the sum of the school building fund account 10
balance; the bonding potential of the capital outlay and building funds; and the 11
capital outlay fund account balance on June 30 of odd -numbered years. These 12
accounts shall be as defined in the manual for Kentucky school financial accounting 13
systems; 14
(2) "Board of education" means the governing body of a county school district or an 15
independent school district; 16
(3) "Bonds" or "bonds of the commission" means bonds iss ued by the commission, or 17
issued by a city, county, or other agency or instrumentality of the Board of 18
Education, in accordance with KRS Chapter 162, payable as to principal and 19
interest from rentals received from a board of education or from the departmen t 20
pursuant to a lease or from contributions from the commission, and constitute 21
municipal bonds exempt from taxation under the Constitution of the 22
Commonwealth; 23
(4) "Department" means the State Department of Education; 24
(5) "District technology plan" means the plan developed by the local district and the 25
Department of Education and approved by the Kentucky Board of Education upon 26
the recommendation of the Kentucky Department of Education [Council for 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 37 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
Education Technology]; 1
(6) "Equivalent tax rate" means the rate which results when the income from all taxes 2
levied by the district for school purposes is divided by the total assessed value of 3
property plus the assessment for motor vehicles certified by the Department of 4
Revenue as provided by KRS 160.470; 5
(7) "Kentucky Education Technology System" means the statewide system set forth in 6
the technology master plan issued by the Kentucky Board of Education with the 7
recommendation of the Kentucky Department of Education [Council for Education 8
Technology] and approved by the Legislative Research Commission; 9
(8) "Lease" or "lease instrument" means a written instrument for the leasing of one (1) 10
or more school projects executed by the commission as lessor and a board of 11
education as lessee, or executed by the commission as lessor and the department as 12
lessee, as the case may be; 13
(9) "Lease/purchase agreement" means a lease between the school district or the 14
department and a vendor that includes an option to purchase the technology 15
equipment or software at the end of the lease period; 16
(10) "Percentage discount" means the degree to which the commission will participate in 17
meeting the bond and interest redemption schedule required to amortize bonds 18
issued by the commission on behalf of a local school district; 19
(11) "Project" means a defined it em of need to construct new facilities or to provide 20
major renovation of existing facilities which is identified on the priority schedule of 21
the approved school facilities plan; 22
(12) "School facilities plan" means the plan developed pursuant to the survey specified 23
by KRS 157.420 and by administrative regulations of the Kentucky Board of 24
Education; 25
(13) "Technology master plan" means the long -range plan for the implementation of the 26
Kentucky Education Technology System as developed by the Kentucky 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 38 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
Department of Education[Council for Education Technology] and approved by the 1
Kentucky Board of Education and the Legislative Research Commission; 2
(14) "Unmet facilities need" means the total cost of new construction and major 3
renovation needs as shown by the appro ved school facilities plan less any available 4
local revenue; 5
(15) "Unmet technology need" means the total cost of technology need as shown by the 6
approved technology plan of the local district; and 7
(16) "Eligible district" means any local school district having an unmet facilities need, as 8
defined in this section, in excess of one hundred thousand dollars ($100,000) or a 9
district qualifying for education technology funding. 10
Section 13. KRS 157.655 is amended to read as follows: 11
(1) To participate in the education technology funding program, a local public school 12
district shall have an unmet technology need described in its local district 13
technology plan and approved by the Kentucky Board of Education pursuant to its 14
technology master plan, and shall match equally the amount of funds offered by the 15
School Facilities Construction Commission for this purpose each biennium [, except 16
as provided in subsection (2) of this section. Technology approved for the Kentucky 17
Education Tec hnology System and included in the local district technology plan, 18
which was acquired prior to April 3, 1992, and for which the district has an 19
outstanding financial obligation, shall qualify for commission funding. This 20
provision shall not apply to any purchases or contracts made between April 3, 1992, 21
and the first offers of assistance recommended by the Council for Education 22
Technology to the State Board for Elementary and Secondary Education]. 23
(2) [For fiscal year 1992 -93, funding shall be allotted to d istricts without an approved 24
plan upon the recommendation of the Council for Education Technology to the 25
State Board for Elementary and Secondary Education. 26
(3) ]If a local board of education determines that for any reason the district's approved 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 39 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
technology plan is grossly inconsistent with the administrative regulations 1
governing the development of the plan, the local board may certify, by official 2
action, the reason for the inconsistency and may request that the Department of 3
Education reevaluate the tech nology plan of the district. After review of the data, 4
the chief state school officer may require a reevaluation and the approval of a new 5
technology plan certified prior to an official offer from the School Facilities 6
Construction Commission. If the chief state school officer elects to recommend the 7
new technology plan to the Kentucky Board of Education, the board shall notify the 8
School Facilities Construction Commission of any change required in the offer of 9
assistance for the district. 10
Section 14. KRS 156.802 is amended to read as follows: 11
(1) The Office of Career and Technical Education is hereby created within the 12
Department of Education. The office shall consist of those administrative bodies 13
and employees provided by or appointed by the commissioner of education 14
pursuant to KRS 156.010. 15
(2) The commissioner of education may appoint an assistant, pursuant to KRS 156.010, 16
and delegate authority to the assistant regarding the Office of Career and Technical 17
Education. 18
(3) The Department of Education shall have the responsibility for all administrative 19
functions of the state in relation to the management, control, and operation of: 20
(a) State-operated secondary area vocational education and technology centers. 21
When appropriate, the Department of Education shall provide education 22
training programs through contracts with private business and industries. 23
These programs may be on a shared cos t basis or on a total cost recovery 24
basis; and 25
(b) The Carol Martin Gatton Kentucky FFA Leadership Training Center 26
located in Hardinsburg, Kentucky. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 40 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(4) The commissioner of education shall have the authority to enter into agreements or 1
contracts with other government or education agencies, including local school 2
districts, in order to carry out services under the office's jurisdiction. 3
(5) (a) Secondary area vocational education and technology centers shall be operated 4
in compliance with program standards e stablished by the Kentucky Board of 5
Education. Principals, counselors, and teaching staff shall meet the 6
qualifications and certification standards for all secondary vocational 7
personnel as established by the Education Professional Standards Board. 8
(b) The Kentucky Board of Education shall be the eligible agency solely 9
designated for the purpose of developing and approving state plans required 10
by state or federal laws and regulations as prerequisites to receiving federal 11
funds for vocational -technical or te chnology education. The Kentucky Board 12
of Education shall involve representatives from all eligible recipient 13
categories in the development of the required plans. 14
(c) In accordance with 20 U.S.C. sec. 2302(12), the Kentucky Board of Education 15
is hereby des ignated to be the "eligible agency" that is the sole state agency 16
responsible for the administration of vocational and technical education and 17
the supervision of the administration of vocational and technical education. 18
(6) (a) Except for the duties that t he Kentucky Board of Education must retain 19
pursuant to 20 U.S.C. sec. 2341, the Kentucky Board of Education shall be 20
authorized to delegate all of the other duties and responsibilities of the eligible 21
agency to the Office of Career and Technical Education within the 22
Department of Education, including but not limited to the administration, 23
operation, and supervision of the Perkins program and the authority to 24
receive, hold, and disburse funds awarded under the state plan. 25
(b) The Kentucky Board of Education shall delegate to the Kentucky Workforce 26
Investment Board the state leadership activities referred to in 20 U.S.C. sec. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 41 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
2344 to be conducted in accordance with the required and permissible uses of 1
funds specified in the Carl D. Perkins Career and Technical Education Act of 2
2006 and subsequent amendments thereto. The maximum amount of funds 3
allowed by 20 U.S.C. sec. 2322(a)(2) shall be reserved and made available for 4
state leadership activities. 5
(7) The commissioner of education shall be permitted to enter i nto memorandums of 6
agreement with individuals on a year -to-year basis to fill positions in hard -to-find 7
teaching specialties. The agreements and compensation for hard -to-find teaching 8
specialties shall be approved by the commissioner of education and shall not be 9
subject to the provisions of KRS Chapter 45A. All agreements shall be filed with 10
the secretary of the Finance and Administration Cabinet. 11
(8) The commissioner of education shall, from time to time, prepare or cause to be 12
prepared any bulletins, programs, outlines of courses, placards, and courses of study 13
deemed useful in the promotion of the interests of technical and vocational 14
education. 15
Section 15. KRS 156.161 is amended to read as follows: 16
(1) The Kentucky Board of Education, upon the request of the local board of education 17
of a school district, may grant a waiver from the requirements of an administrative 18
regulation promulgated by the state board or from a statute over which the state 19
board has authority to enforce. A waiver granted by the state board shall expire on 20
June 30 of the third full school year after the request was first approved, regardless 21
of subsequent amendment, unless the state board renews the waiver prior to 22
expiration. However, a waiver related to school district facility projects that may 23
include the construction or renovation of school buildings or the acquisition or 24
disposition of property shall not expire unless the state board specifically provides 25
for expiration when gran ting the waiver. The state board shall not waive any 26
statute or administrative regulation: 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 42 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(a) Relating to health and safety, including required criminal background checks 1
for staff and volunteers specified in KRS 160.380 and 161.148; 2
(b) Relating to civil rights; 3
(c) Required by federal law; 4
(d) Relating to compulsory attendance requirements under KRS 158.030 and 5
158.100, or the recording of data necessary for participation in the fund to 6
support education excellence in Kentucky; 7
(e) Establishing certific ation requirements for teachers in core academic areas, 8
except a waiver may authorize up to twenty -five percent (25%) of the 9
teaching staff of a school may be employed without teacher certification if the 10
individual possesses a baccalaureate or graduate de gree in the subject the 11
individual is hired to teach; 12
(f) Requiring students' participation in state assessment of student performance as 13
required under KRS 158.6453; 14
(g) Financial audits, audit procedures, and audit requirements under KRS 15
156.265; 16
(h) Open records and open meeting requirements under KRS Chapter 61; 17
(i) Purchasing requirements and limitations under KRS Chapter 45A and KRS 18
156.074 and 156.480; or 19
(j) Requiring instructional time that is at least equivalent to the student 20
instructional year specified in KRS 158.070. 21
(2) A waiver request under subsection (1) of this section shall: 22
(a) Identify the specific statutes and administrative regulations for which the local 23
board is seeking a waiver; 24
(b) Specify the schools or programs within the distr ict to which the waiver shall 25
apply; 26
(c) Explain how the waiver for the schools or programs of each specific statute or 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 43 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
administrative regulation will improve operations or student academic 1
achievement; and 2
(d) Include any evidence the district wishes to submit to support the request. 3
(3) Upon the majority vote of a local board approving a waiver request, the 4
superintendent of the district shall submit the waiver request to the state board. The 5
state board shall consider the waiver of each statute or admin istrative regulation 6
included in the request at a[the next] regularly scheduled meeting occurring no 7
later than thirty (30) calendar days after submission and shall either approve or 8
deny the request. In considering approval for each statute or administrat ive 9
regulation identified in a waiver request, the state board shall grant the request if it 10
demonstrates that the waiver is more likely than not: 11
(a) To improve that school's or program's operation without hindering student 12
academic achievement; or 13
(b) To improve student academic achievement at that school or program. 14
(4) In submitting a waiver request under subsection (3) of this section, a local board 15
may seek to identify the school or program that is the subject of the request as a 16
school of innovation . In addition to any other waivers granted for the school or 17
program, a school of innovation shall be granted a waiver from all statutes and 18
administrative regulations that would prevent the district from entering into an 19
agreement with an education servic e provider to assist in the management and 20
operation of the school or program. The state board shall approve the school of 21
innovation request if the request demonstrates that identification as a school of 22
innovation is more likely than not to improve eithe r that school's or program's 23
operation or student academic achievement. 24
(5) A local board whose request to waive a statute or administrative regulation under 25
subsection (3) or (4) of this section was denied may amend the original request for 26
reconsideration at the state board's next regularly scheduled meeting. A local board 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 44 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
may request assistance from the Kentucky Department of Education in the 1
development of the local board's waiver request or an amendment. 2
(6) A local board may seek to amend a previously approved waiver request by 3
submitting the amendment for approval by the state board under the same 4
procedures as the original request. 5
(7) A local board that is granted a waiver under subsection (3) or (4) of this section 6
may submit a request to renew the waiver to the state board. A renewal request shall 7
be submitted no earlier than six (6) months prior to that waiver's expiration. The 8
renewal request shall include evidence of the operational improvement of the 9
school or program that is subject to the wai ver, the academic achievement of the 10
students enrolled in the schools or program, comparisons of those students with 11
similar students across the state, and any other evidence of the waiver's benefit to 12
student academic achievement. If the state board finds that the waiver has had a 13
positive impact on the school's or program's operation or the academic achievement 14
of students, then the renewal request shall be approved. An approved renewal 15
request shall extend the waiver for an additional three (3) school ye ars. A waiver 16
related to school district facility projects, as identified in subsection (1) of this 17
section, shall not expire unless the state board specifically provides for expiration 18
when granting the waiver. 19
(8) Any school that is subject to a waiver s hall admit any and all children eligible to 20
attend the school subject to the local board's policies. 21
(9) If the state board at any time finds by a two-thirds (2/3) majority vote that a specific 22
waiver previously granted has hindered school or program opera tions, endangered 23
students, impeded student academic achievement, or supported financial 24
malfeasance or criminal activity, then the waiver shall be rescinded. The existence 25
of a waiver shall not negate the legal duties or professional responsibilities of a 26
district employee. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 45 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(10) The state board shall promulgate administrative regulations in accordance with 1
KRS Chapter 13A to adopt a standardized waiver request form and establish any 2
procedures for processing waiver requests in compliance with this section. 3
Section 16. KRS 157.360 is amended to read as follows: 4
(1) (a) In determining the cost of the program to support education excellence in 5
Kentucky, the statewide guaranteed base funding level, as defined in KRS 6
157.320, shall be computed by dividing the amount appropriated for this 7
purpose by the prior year's statewide average daily attendance. 8
(b) When determining the biennial appropriations for the program, the average 9
daily attendance for each fiscal year shall include an estimate of the number 10
of students graduating early under the provisions of KRS 158.142. 11
(2) Each district shall receive an amo unt equal to the base funding level for each pupil 12
in average daily attendance in the district in the previous year, except a district shall 13
receive an amount equal to one -half (1/2) of the state portion of the average 14
statewide per pupil guaranteed base f unding level for each student who graduated 15
early under the provisions of KRS 158.142. Each district's base funding level shall 16
be adjusted by the following factors: 17
(a) The number of at -risk students in the district. At -risk students shall be 18
identified as those approved for the free lunch program under state and federal 19
guidelines. The number of at-risk students shall be multiplied by a factor to be 20
established by the General Assembly. Funds generated under this paragraph 21
may be used to pay for: 22
1. Alternative programs for students who are at risk of dropping out of 23
school before achieving a diploma; and 24
2. A hazardous duty pay supplement as determined by the local board of 25
education to the teachers who work in alternative programs with 26
students who are violent or assaultive; 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 46 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(b) The number and types of exceptional children in the district as defined by 1
KRS 157.200. Specific weights for each category of exceptionality shall be 2
used in the calculation of the add-on factor for exceptional children; and 3
(c) Transportation costs. The per -pupil cost of transportation shall be calculated 4
as provided by KRS 157.370. Districts which contract to furnish 5
transportation to students attending nonpublic schools may adopt any payment 6
formula which ensures that no public s chool funds are used for the 7
transportation of nonpublic students. 8
(3) Beginning with the 2015 -2016 school year and each year thereafter, the General 9
Assembly shall annually allocate funds equal to one -half (1/2) of the state portion 10
of the average statewi de per pupil guaranteed base funding level for each student 11
who graduated early under the provisions of KRS 158.142 the previous school year 12
to the Kentucky Higher Education Assistance Authority for deposit in the early 13
graduation scholarship trust fund. 14
(4) The program to support education excellence in Kentucky shall be fully 15
implemented by the 1994-95 school year. 16
(5) (a) Except for those schools which have implemented school -based decision 17
making, the commissioner of education shall enforce maximum class sizes for 18
every academic course requirement in all grades except in vocal and 19
instrumental music, and physical education classes. Except as provided in 20
subsection (6) of this section, the maximum number of pupils enrolled in a 21
class shall be as follows: 22
1. Twenty-four (24) in primary grades (kindergarten through third grade); 23
2. Twenty-eight (28) in grade four (4); 24
3. Twenty-nine (29) in grades five (5) and six (6); 25
4. Thirty-one (31) in grades seven (7) to twelve (12). 26
(b) Except for those schools which have implemented school -based decision 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 47 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
making, class size loads for middle and secondary school: 1
1. Classroom teachers shall not exceed the equivalent of one hundred fifty 2
(150) pupil hours per day; and 3
2. Virtual program teachers shall not exceed the equi valent of three 4
hundred (300) pupil hours per day. 5
(c) The commissioner of education, upon approval of the Kentucky Board of 6
Education, shall adopt administrative regulations for enforcing this provision. 7
These administrative regulations shall include procedures for a superintendent 8
to request a temporary[an] exemption from the Kentucky Department[Board] 9
of Education when unusual circumstances warrant an increased class size for 10
an individual class. A request for a temporary [an] exemption shall include 11
specific reasons for the increased class size with a plan for reducing the class 12
size prior to the beginning of the next school year. The Kentucky Board of 13
Education shall review all temporary exemptions within forty -five (45) 14
business days, and shall revoke t he temporary exemption or approve an 15
exemption for the remainder of the school year. A district shall not receive [ 16
in] any temporary or state board-approved[one (1) year] exemptions for more 17
classes than enroll twenty percent (20%) of the pupils in the pri mary grades 18
and grades four (4) through eight (8). 19
(d) In all schools the commissioner of education shall enforce the special 20
education maximum class sizes set by administrative regulations adopted by 21
the Kentucky Board of Education. A superintendent or school-based decision 22
making council may request an exemption pursuant to paragraph (c) of this 23
subsection.[ A local school council may request a waiver relating to maximum 24
class size pursuant to KRS 156.161 in the same manner as a local board of 25
education.] An exemption [ or waiver] shall not be granted if the increased 26
class size will impede any exceptional child from achieving his or her 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 48 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
individual education program in the least restrictive environment. 1
(6) In grades four (4) through six (6) with combined g rades, the maximum class size 2
shall be the average daily attendance upon which funding is appropriated for the 3
lowest assigned grade in the class. There shall be no exceptions to the maximum 4
class size for combined classes. In combined classes other than t he primary grades, 5
no ungraded students shall be placed in a combined class with graded students. In 6
addition, there shall be no more than two (2) consecutive grade levels combined in 7
any one (1) class in grades four (4) through six (6). However, this shal l not apply to 8
schools which have implemented school-based decision making. 9
(7) If a local school district, through its admission and release committee, determines 10
that an appropriate program in the least restrictive environment for a particular child 11
with a disability includes either part -time or full -time enrollment with a private 12
school or agency within the state or a public or private agency in another state, the 13
school district shall count as average daily attendance in a public school the time 14
that the child is in attendance at the school or agency, contingent upon approval by 15
the commissioner of education. 16
(8) Pupils attending a center for child learning and study established under an 17
agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose o f calculating 18
average daily attendance, be considered as in attendance in the school district in 19
which the child legally resides and which is party to the agreement. For purposes of 20
subsection (1) of this section, teachers who are actually employees of the joint or 21
cooperative action shall be considered as employees of each school district which is 22
a party to the agreement. 23
(9) Program funding shall be increased when the average daily attendance in any 24
district for the first two (2) months of the current sc hool year is greater than the 25
average daily attendance of the district for the first two (2) months of the previous 26
school year. The program funds allotted the district shall be increased by the 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 49 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
percent of increase. The average daily attendance in kinderga rten is the 1
kindergarten full-time equivalent pupils in average daily attendance. 2
(10) If the average daily attendance for the current school year in any district decreases 3
by ten percent (10%) or more than the average daily attendance for the previous 4
school year, the average daily attendance for purposes of calculating program 5
funding for the next school year shall be increased by an amount equal to two-thirds 6
(2/3) of the decrease in average daily attendance. If the average daily attendance 7
remains the s ame or decreases in the succeeding school year, the average daily 8
attendance for purposes of calculating program funding for the following school 9
year shall be increased by an amount equal to one -third (1/3) of the decrease for the 10
first year of the decline. 11
(11) If the percentage of attendance of any school district shall have been reduced more 12
than two percent (2%) during the previous school year, the program funding 13
allotted the district for the current school year shall be increased by the difference in 14
the percentage of attendance for the two (2) years immediately prior to the current 15
school year less two percent (2%). 16
(12) (a) Instructional salaries for vocational agriculture classes shall be for twelve (12) 17
months per year. Vocational agriculture teac hers shall be responsible for the 18
following program of instruction during the time period beyond the regular 19
school term established by the local board of education: supervision and 20
instruction of students in agriculture experience programs; group and 21
individual instruction of farmers and agribusinessmen; supervision of student 22
members of agricultural organizations who are involved in leadership training 23
or other activity required by state or federal law; or any program of vocational 24
agriculture established by the Department of Education. During extended 25
employment, no vocational agriculture teacher shall receive salary on a day 26
that the teacher is scheduled to attend an institution of higher education class 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 50 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
which could be credited toward meeting any certification requirement. 1
(b) Each teacher of agriculture employed shall submit an annual plan for summer 2
program to the local school superinten dent for approval. The summer plan 3
shall include a list of tasks to be performed, purposes for each task, and time 4
to be spent on each task. Approval by the local school superintendent shall be 5
in compliance with the guidelines developed by the Department of Education. 6
The supervision and accountability of teachers of vocational agriculture's 7
summer programs shall be the responsibility of the local school 8
superintendent. The local school superintendent shall submit to the 9
commissioner of education a complet ed report of summer tasks for each 10
vocational agriculture teacher. Twenty percent (20%) of the approved 11
vocational agriculture programs shall be audited annually by the State 12
Department of Education to determine that the summer plan has been properly 13
executed. 14
(13) (a) In allotting program funds for home and hospital instruction, statewide 15
guaranteed base funding, excluding the capital outlay, shall be allotted for 16
each child in average daily attendance in the prior school year who has been 17
properly identified according to Kentucky Board of Education administrative 18
regulations. Attendance shall be calculated pursuant to KRS 157.270 and shall 19
be reported monthly on forms provided by the Department of Education; and 20
(b) Pursuant to administrative regulations o f the Kentucky Board of Education, 21
local school districts shall be reimbursed for home and hospital instruction for 22
pupils unable to attend regular school sessions because of short -term health 23
impairments. A reimbursement formula shall be established by ad ministrative 24
regulations to include such factors as a reasonable per hour, per child 25
allotment for teacher instructional time, with a maximum number of funded 26
hours per week, a reasonable allotment for teaching supplies and equipment, 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 51 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
and a reasonable allo tment for travel expenses to and from instructional 1
assignments, but the formula shall not include an allotment for capital outlay. 2
Attendance shall be calculated pursuant to KRS 157.270 and shall be reported 3
annually on forms provided by the Department of Education. 4
(14) Except for those schools which have implemented school -based decision making 5
and the school council has voted to waive this subsection and for virtual programs, 6
kindergarten aides shall be provided for each twenty -four (24) full -time equivalent 7
kindergarten students enrolled. 8
(15) Effective July 1, 2001, there shall be no deduction applied against the base funding 9
level for any pupil in average daily attendance who spends a portion of his or her 10
school day in a program at a state -operated c areer and technical education or 11
vocational facility. 12
(16) During a fiscal year, a school district may request that the Department of Education 13
recalculate its funds allocated under this section if the current year average daily 14
attendance for the twenty (20) day school month as defined in KRS 158.060(2) that 15
contains the most days within the calendar month of January exceeds the prior year 16
adjusted average daily attendance plus growth by at least one percent (1%). Any 17
adjustments in the allotments approved under this subsection shall be proportional 18
to the remaining days in the school year and subject to available funds under the 19
program to support education excellence in Kentucky. 20
(17) To calculate the state portion of the program to support education exce llence in 21
Kentucky for a school district, the Department of Education shall subtract the local 22
effort required under KRS 157.390(5) from the calculated base funding under the 23
program to support education excellence in Kentucky, as required by this section. 24
The value of the real estate used in this calculation shall be the lesser of the current 25
year assessment or the prior year assessment increased by four percent (4%) plus 26
the value of current year new property. The calculation under this subsection shall 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 52 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
be subject to available funds. 1
(18) Notwithstanding any other statute or budget of the Commonwealth language to the 2
contrary, time missed due to shortening days for emergencies may be made up by 3
lengthening school days in the school calendar without any los s of funds under the 4
program to support education excellence in Kentucky. 5
Section 17. KRS 160.180 is amended to read as follows: 6
(1) As used in this section, "relative" means father, mother, brother, sister, husband, 7
wife, son, and daughter. 8
(2) A person shall only be eligible for membership on a board of education if the 9
person: 10
(a) Has attained the age of twenty-four (24) years; 11
(b) Has been a citizen of Kentucky for at least three (3) years preceding the 12
election and is a voter of the district for which he or she is elected; 13
(c) Has completed at least the twelfth grade or has been issued a High School 14
Equivalency Diploma, as evidenced by: 15
1. An affidavit signed under penalty of perjury certifying completion of the 16
twelfth grade or the equivalent that has been filed with the nominating 17
petition required by KRS 118.315; or 18
2. A transcript evidencing completion of the twelfth grade or the results of 19
a twelfth grade equivalency examination that has been filed with the 20
nominating petition required by KRS 118.315; 21
(d) Does not hold any elective federal, state, county, or city office; 22
(e) Is not, at the time of his or her election, directly or indirectly interested in the 23
sale to the board of books, stationery, or any other prop erty, materials, 24
supplies, equipment, or services for which school funds are expended; 25
(f) Has not been removed from membership on a board of education for cause; 26
and 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 53 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(g) Does not have a relative employed by the school district, in the case of a 1
person ele cted after July 13, 1990. This shall not apply to a board member 2
holding office on July 13, 1990, whose relative was not initially hired by the 3
district during the tenure of the board member. 4
(3) (a) A member of a board of education shall be subject to rem oval from office 5
pursuant to KRS 415.050 and 415.060 if, after the election the member: 6
1. Becomes interested in any contract with or claims against the board, of 7
the kind mentioned in subsection (2)(e) of this section; 8
2. Moves his or her residence from t he division for which he or she was 9
chosen; 10
3. Attempts to influence the employment of any school employee, except 11
the superintendent or school board attorney; 12
4. Is convicted of a felony; 13
5. Performs acts of malfeasance in performance of duties prescribed by 14
law; 15
6. Willfully misuses, converts, or misappropriates public property or funds; 16
or 17
7. Does anything that would render the member ineligible for reelection. 18
(b) In accordance with KRS 7.4 10, the Office of Education Accountability shall 19
have the duty and responsibility to investigate current local board of education 20
members for allegations of conduct prohibited by paragraph (a) of this 21
subsection. After review and investigation, the Office of Education 22
Accountability shall refer appropriate matters to the Attorney General. 23
(4) A member of a board of education shall be eligible for reelection unless he or she 24
becomes disqualified. 25
(5) (a) The annual in -service training requirements for all me mbers of boards of 26
education in office as of December 31, 2014, shall be as follows: 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 54 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
1.[(a)] Twelve (12) hours for members with zero to three (3) years of 1
experience; 2
2.[(b)] Eight (8) hours for members with four (4) to seven (7) years of 3
experience; and 4
3.[(c)] Four (4) hours for members with eight (8) or more years of 5
experience. 6
(b) The in -service training requirements of this subsection shall include a 7
minimum of: 8
1. One (1) hour of ethics training every year; 9
2. One (1) hour of open meetings and open records training every four 10
(4) years; and 11
3. Two (2) hours of finance training every two (2) years.[ 12
The Kentucky Board of Education shall identify the criteria for fulfilling this 13
requirement.] 14
(6) [(a) ]For all members of boards of education who begin their initial service on or 15
after January 1, 2015, the in-service training requirements shall be: 16
(a)[1.] Twelve (12) hours for members with zero to eight (8) years of 17
experience each year, which shall include a minimum of: 18
1.[a.] One (1) hour of ethics training each year;[ and] 19
2.[b.] One (1) hour of open meetings and open records training within the first 20
twelve (12) months of initial service and at least once every four (4) 21
years thereafter;[ and ] 22
3. Three (3) hour s of finance training within the first two (2) years of 23
initial service, and two (2) hours of finance training at least once every 24
two (2) years thereafter; and 25
4. One (1) hour of superintendent evaluation within the first two (2) 26
years of service; and 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 55 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(b)[2.] Eight (8) hours for members with more than eight (8) years of 1
experience each year, which shall include a minimum of: 2
1.[a.] One (1) hour of ethics training each year;[ and] 3
2.[b.] One (1) hour of open meetings and open records training at least once 4
every four (4) years; and 5
3. Two (2) hours of finance training at least once every two (2) years. 6
(7) The Kentucky Board of Education shall identify the criteria for fulfilling the 7
requirements of subsections (5) and (6) of this section.[ 8
(b) Training topics for members under this subsection with less than two (2) years 9
of consecutive service shall include three (3) hours of finance and one (1) 10
hour of superintendent evaluation within the first two (2) years of service. The 11
Kentucky Board of Education shall identify criteria for fulfilling this 12
requirement.] 13
Section 18. KRS 160.160 is amended to read as follows: 14
(1) Each school district shall be under the management and control of a board of 15
education consisting of five (5) members, except in counties containing a city of the 16
first class wherein a merger pursuant to KRS 160.041 shall have been accomplished 17
which shall have seven (7) members elected from the divisions and in the manner 18
prescribed by KRS 160.210(5), to be known as the "Board of Education of ...., 19
Kentucky." Each board of education shall be a body politic and corporate with 20
perpetual succession. It may su e and be sued; make contracts; expend funds 21
necessary for liability insurance premiums and for the defense of any civil action 22
brought against an individual board member in his official or individual capacity, or 23
both, on account of an act made in the scop e and course of his performance of legal 24
duties as a board member; purchase, receive, hold, and sell property; issue its bonds 25
to build and construct improvements; and do all things necessary to accomplish the 26
purposes for which it is created. Each board o f education shall elect a 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 56 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
chair[chairman] and vice chair[chairman] from its membership in a manner and for 1
a term prescribed by the board not to exceed two (2) years. Upon the election of a 2
chair and vice chair, each board of education shall review, with t he 3
superintendent and the school finance officer, the specific procedures and 4
responsibilities of the board and district employees relating to the district budget. 5
The review shall not count toward the annual in -service training requirements 6
established in Section 17 of this Act. 7
(2) No board of education shall participate in any financing of school buildings, school 8
improvements, appurtenances thereto, or furnishing and equipment, including 9
education technology equipment without: 10
(a) First establishing the cost of the project in advance of financing, based on the 11
receipt of advertised, public, and competitive bids for such project, in 12
accordance with KRS Chapter 424; and 13
(b) Establishing the cost of financing in advance of the sale of any bonds, 14
certificates of participation in any leases, or other evidences of financial 15
commitments issued by or on behalf of such board. Any bonds, leases, 16
participations, or other financial arrangements shall not involve a final 17
commitment of the board until the purchaser or lender involved shall have 18
been determined by public advertising in accordance with KRS Chapter 424. 19
(3) No board of education shall make a mortgage, lien, or other encumbrance upon any 20
school building owned by the board, or transfer title to any such scho ol building as 21
part of any financing arrangement, without the specific approval of the Department 22
of Education, and without the transaction being entered into pursuant to a detailed 23
plan or procedure specifically authorized by Kentucky statute. 24
(4) Without the approval of the Department of Education, no board may lease, as 25
lessee, a building or public facility that has been or is to be financed at the request 26
of the board or on its behalf through the issuance of bonds by another public body 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 57 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
or by a nonprofit corporation serving as an agency and instrumentality of the board, 1
or by a leasing corporation. Any lease, participation, or other financial arrangement 2
shall not involve a final commitment of the board unless and until the purchaser or 3
lender involved i n same shall have been determined by public advertising in 4
accordance with KRS Chapter 424. No transaction shall be entered into by the 5
board except upon the basis of public advertising and competitive bidding in 6
accordance with KRS Chapter 424. 7
(5) A scho ol district may issue general obligation bonds in accordance with KRS 8
Chapter 66. 9
(6) Rental payments due by a board under a lease approved by the Department of 10
Education in accordance with subsection (4) of this section, and debt service 11
payments under a general obligation bond issued in accordance with this section, 12
shall be due and payable not less than ten (10) days prior to the interest due date for 13
the bonds, notes, or other debt obligations issued to finance the building or public 14
facility. If a boar d fails to make a rental payment when due under a lease or a debt 15
service payment when due for a general obligation bond issue, upon notification to 16
the Department of Education by the paying agent, bond registrar, or trustee for the 17
bonds not less than thr ee (3) days prior to the interest due date, the Department of 18
Education shall withhold or intercept any funds then due the board to the extent of 19
the amount of the required payment on the bonds and remit the amount to the 20
paying agent, bond registrar, or t rustee as appropriate. Thereafter, the Department 21
of Education shall resolve the matter with the board and adjust remittances to the 22
board to the extent of the amount paid by the Department of Education on the 23
board's behalf. 24
(7) Bonds, notes, or leases negotiated to provide education technology shall not be sold 25
for longer than seven (7) years or the useful life of the equipment as established by 26
the state technology master plan, whichever is less. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 58 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(8) Notwithstanding any requirements of public advertising , competitive bidding, or 1
approval by the Department of Education, or any administrative regulation 2
promulgated pursuant to KRS 156.160(1)(o), a local board may authorize the 3
transfer or sale of the district's real or personal property to another governmen tal or 4
quasi-governmental agency in exchange for money or a similar type of property that 5
equals or exceeds the fair market value of the district property as determined by an 6
independent appraisal conducted by: 7
(a) An individual or organization not affilia ted with the district or its officers or 8
employees, using a generally accepted national or professional standard; or 9
(b) A district's officers or employees using a nationally published valuation of 10
property based on the most recent edition of the publication. 11
Section 19. KRS 156.808 is amended to read as follows: 12
(1) The Kentucky Board of Education shall promulgate, by administrative regulations, 13
personnel policies and procedures for all full -time and part -time unclassifi ed 14
employees, certified and equivalent staff, including administrative, teaching, and 15
supervisory staff in the Office of Career and Technical Education central office and 16
state-operated vocational facilities. All other staff shall remain under the authorit y 17
of the Kentucky Personnel Cabinet and KRS Chapter 18A. Employees who transfer 18
to or from the KRS Chapter 18A personnel system shall transfer accrued annual, 19
compensatory, and sick leave. 20
(2) As provided in KRS 156.800 to 156.860, the Kentucky Board of Ed ucation shall 21
promulgate administrative regulations for the administration of a personnel system 22
in the Office of Career and Technical Education which are consistent with the 23
provisions of KRS 156.800 to 156.860 and with federal standards for state 24
government agencies receiving federal grants. 25
(3) The Kentucky Board of Education shall promulgate administrative regulations for 26
full-time and part-time certified and equivalent staff governing: 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 59 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(a) Establishment and abolishment of positions, including a prohibi tion against 1
eliminating funding for or abolishment of a teaching position at a state -2
operated secondary area vocational education and technology center during a 3
school year in which students are enrolled in the program; 4
(b) Applications; 5
(c) Classification and compensation plans; 6
(d) Incentive programs; 7
(e) Selection of employees; 8
(f) Types of appointments; 9
(g) Attendance, including hours of work, compensatory time, and annual, court, 10
military, sick, maternity, voting, and special leaves of absence; 11
(h) Preparation, maintenance, and revision of a position classification plan and an 12
equitable salary schedule for certified and equivalent staff based on 13
qualifications, experience, and responsibilities; 14
(i) Extent and duration of the state -operated area vocatio nal education and 15
technology centers' school term, use of school days, and extended 16
employment; 17
(j) Employee evaluations; 18
(k) Programs to improve the work effectiveness of employees including staff 19
development; 20
(l) Demotion; 21
(m) Dismissal; 22
(n) Lay-offs; 23
(o) Suspensions and other disciplinary measures; 24
(p) Probationary periods, limited employment status, and continuing employment 25
status; 26
(q) Promotion; 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 60 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(r) Transfer; 1
(s) Appeals; and 2
(t) Employee grievances and complaints. 3
(4) (a) Administrative regulations promulgated by the Kentucky Board of Education 4
shall comply with the provisions of KRS 156.800 to 156.860 and KRS 5
Chapter 13A and shall have the force and effect of law. 6
(b) Administrative regulations promulgated by the Kentucky Board of Educati on 7
shall not expand or restrict rights granted to, or duties imposed upon, 8
employees and administrative bodies by the provisions of KRS 156.800 to 9
156.860. 10
(c) No administrative body other than the Kentucky Board of Education shall 11
promulgate administrative regulations governing the subject matters specified 12
in this section. 13
(d) Policies and procedures for the implementation of administrative regulations 14
shall be developed by the Department of Education. 15
(5) The commissioner of education shall be the appoin ting authority with respect to all 16
personnel actions for the Office of Career and Technical Education. The 17
commissioner may authorize a designee to act on behalf of the agency with respect 18
to employee appointments, position establishments, payroll document s, 19
reemployment lists, waiver requests, or other position actions. Any personnel 20
designation shall be in writing. Authority to employ personnel may be delegated to 21
the vocational school management by the commissioner. Any recommendation for 22
employment from the local level shall be based on guidelines promulgated by the 23
commissioner of education and shall be contingent upon confirmation by the 24
commissioner of education. 25
(6) The Kentucky Board of Education shall promulgate other administrative regulations 26
to govern proceedings which relate to certified and equivalent employees and which 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 61 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
shall provide for: 1
(a) The procedures to be utilized by the Kentucky Technical Education Personnel 2
Board in the conduct of hearings, consistent with KRS Chapter 13B; 3
(b) Discharge, as provided by this section; 4
(c) Imposition, as a disciplinary measure, of a suspension from service without 5
pay for up to thirty (30) working days and, in accordance with the provisions 6
of KRS 156.820, for the manner of notification of the employee o f the 7
discipline and right of appeal; 8
(d) Promotions which shall give appropriate consideration to the applicant's 9
qualifications, record of performance, and conduct; 10
(e) Supplementary information for the salary schedule for certified and equivalent 11
staff including teachers, counselors, administrators, managers, and 12
educational consultants in state -operated vocational technical facilities, field 13
offices, and central office in the Office of Career and Technical Education 14
that shall provide uniformity, recogn ition of education, teaching, and 15
supervisory experience and use as a base the average salary paid to beginning 16
classroom teachers by all public schools in the state for personnel with 17
comparable qualifications and experience. Indexes may be incorporated i n the 18
compensation plan for administrative responsibilities. The salary schedule 19
shall be computed annually, and shall be submitted to and approved by the 20
Governor; 21
(f) Reemployment of laid -off employees in accordance with the provisions of 22
KRS 156.800 to 156.860; 23
(g) Establishment of a plan for resolving employee grievances and complaints. 24
The plan shall not restrict rights granted employees by the provisions of KRS 25
156.800 to 156.860; and 26
(h) Any other administrative regulations not inconsistent with this chapter and 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 62 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
KRS Chapter 13A proper and necessary for its enforcement. 1
(7) The Department of Education shall make investigations, either on petition of a 2
citizen, taxpayer, interested party, or as deemed necessary by the commissioner, 3
concerning the enforcement and effect of KRS 156.808, 156.810, 156.812, 156.814, 4
156.816, 156.818, 156.820, 156.822, 156.824, 156.826, 156.828, 156.830, 156.832, 5
156.834, 156.836 , and 156.838, shall require observance of the provisions and the 6
administrative regulations promu lgated pursuant to the provisions of KRS 156.800 7
to 156.860 and KRS Chapter 13A, and shall make investigation as requested by the 8
General Assembly or the Governor and to report thereon. 9
(8) The Kentucky Board of Education shall promulgate administrative re gulations, 10
pursuant to KRS Chapter 13A, for an appeal system for aggrieved certified or 11
equivalent employees. 12
(9) The Kentucky Technical Education Personnel Board shall hear appeals from 13
applicants for positions or from certified, equivalent, and unclassif ied employees 14
who have been dismissed, demoted, suspended, or otherwise penalized for cause. 15
Effective August 15, 2000, appeals from assistants and secretaries in the Office of 16
Career and Technical Education attached to policymaking positions shall be 17
governed by KRS 18A.095. The State Personnel Board, established in KRS 18
18A.045, shall hear appeals that are pending as of August 15, 2000, from assistants 19
and secretaries attached to policymaking positions in the Office of Career and 20
Technical Education. 21
(10) The Kentucky Technical Education Personnel Board may, any statute to the 22
contrary notwithstanding, delegate the conduct of the hearing and the rendition of a 23
recommended order to the full board, to a panel of the board, or to a hearing officer, 24
relative to any hearing appeal, or decision, judicial or quasi -judicial in nature, 25
which the board is empowered or directed, by KRS 156.800 to 156.860 or any other 26
chapter, to conduct, hear, or make; provided, however, that the full board as 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 63 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
provided by statute, makes the final order, based upon the evidence submitted. 1
(11) The Kentucky Board of Education shall promulgate administrative regulations, 2
pursuant to KRS Chapter 13A, governing the unclassified service including the 3
preparation and maintenance of a salary schedule and other administrative 4
regulations authorized by KRS 156.800 to 156.860. 5
(12) The annual percentage salary increment for all certified and equivalent employees 6
subject to the personnel system established under KRS 156.800 to 156.860 shall be 7
at least equal to that funded and provided for other elementary and secondary 8
teachers. 9
(13) The positions of employees who are transferred, effective July 1, 1998, from the 10
former Cabinet for Workforce Development to the Kentucky Community and 11
Technical College System shall be abolished and the employees' names remove d 12
from the roster of state employees. Employees who are transferred, effective July 1, 13
1998, to the Kentucky Community and Technical College System under KRS 14
Chapter 164 shall have the same benefits and rights as they had under KRS Chapter 15
18A and have und er KRS 164.5805; however, they shall have no guaranteed 16
reemployment rights in KRS 156.800 to 156.860 or KRS Chapter 18A personnel 17
systems. An employee who seeks reemployment in a state position under KRS 18
156.800 to 156.860 or KRS Chapter 18A shall have ye ars of service in the 19
Kentucky Community and Technical College System counted toward years of 20
experience for calculating benefits and compensation. 21
SECTION 20. A NEW SECTION OF KRS CHAPTER 157 IS CREATED TO 22
READ AS FOLLOWS: 23
(1) After the Department of Revenue submits the certified property assessment data 24
to the chief state school officer as required pursuant to KRS 160.470(4), a local 25
board of education may request to the chief state school officer an adjustment in 26
funding if: 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 64 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(a) It is determined that the total assessed valuation of real property or personal 1
property as defined in KRS 132.010 for the school district is amended; and 2
(b) The impact of that amendment is equal to or greater than one percent (1%) 3
of the school district's net general fund to suppor t education excellence in 4
Kentucky allotment as of March 1 of the same fiscal year of the impacted 5
property assessment. 6
(2) Any adjustments in the funding formula under this section shall be: 7
(a) No more than an amount equal to the net loss of state funds provided 8
through the program to support education excellence in Kentucky; and 9
(b) Subject to available funds under the program to support education 10
excellence in Kentucky. 11
(3) Documentation of the amendment shall be provided by the school district. 12
Section 21. KRS 160.380 is amended to read as follows: 13
(1) As used in this section: 14
(a) "Administrative finding of child abuse or neglect" means a substantiated 15
finding of child abuse or neglect issued by the Cabinet for Health and Family 16
Services that is: 17
1. Not appealed through an administrative hearing conducted in 18
accordance with KRS Chapter 13B; 19
2. Upheld at an administrative hearing conducted in accordance with KRS 20
Chapter 13B and not appealed to a Circuit Court; or 21
3. Upheld by a Circuit Court in an appeal of the results of an 22
administrative hearing conducted in accordance with KRS Chapter 13B; 23
(b) "Alternative education program" means a program that exists to meet the 24
needs of students that cannot be addressed in a tradit ional classroom setting 25
but through the assignment of students to alternative classrooms, centers, or 26
campuses that are designed to remediate academic performance, improve 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 65 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
behavior, or provide an enhanced learning experience. Alternative education 1
programs do not include career or technical centers or departments; 2
(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 3
Services indicating that there are no administrative findings of child abuse or 4
neglect relating to a specific individual; 5
(d) "Relative" means father, mother, brother, sister, husband, wife, son and 6
daughter; and 7
(e) "Vacancy" means any certified position opening created by the resignation, 8
dismissal, nonrenewal of contract, transfer, or death of a certified staff 9
member of a local school district, or a new position created in a local school 10
district for which certification is required. However, if an employer -employee 11
bargained contract contains procedures for filling certified position openings 12
created by the resignation , dismissal, nonrenewal of contract, transfer, or 13
death of a certified staff member, or creation of a new position for which 14
certification is required, a vacancy shall not exist, unless certified positions 15
remain open after compliance with those procedures. 16
(2) Except as provided in KRS 160.346, the school district personnel actions identified 17
in this section shall be carried out as follows: 18
(a) All appointments, promotions, and transfers of principals, supervisors, 19
teachers, and other public school employe es shall be made only by the 20
superintendent of schools, who shall notify the board of the action taken. All 21
employees of the local district shall have the qualifications prescribed by law 22
and by the administrative regulations of the Kentucky Board of Educa tion and 23
of the employing board. Supervisors, principals, teachers, and other 24
employees may be appointed by the superintendent for any school year at any 25
time after February 1 preceding the beginning of the school year. No 26
superintendent of schools shall a ppoint or transfer himself or herself to 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 66 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
another position within the school district; 1
(b) When a vacancy occurs in a local school district, the superintendent shall 2
submit the job posting to the statewide job posting system described in KRS 3
160.152 fifteen (15) days before the position shall be filled. The local school 4
district shall post position openings in the local board office for public 5
viewing; and 6
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 7
prevent disruption of nec essary instructional or support services of the school 8
district, the superintendent may seek a waiver from the chief state school 9
officer outside of the process established in KRS 156.161. If the waiver is 10
approved, the appointment shall not be made until the person recommended 11
for the position has been approved by the chief state school officer. The chief 12
state school officer shall respond to a district's request for waiver or for 13
approval of an appointment within two (2) working days[; and 14
(d) When a vaca ncy occurs in a local district, the superintendent shall conduct a 15
search to locate minority teachers to be considered for the position. The 16
superintendent shall, pursuant to administrative regulations of the Kentucky 17
Board of Education, report annually th e district's recruitment process and the 18
activities used to increase the percentage of minority teachers in the district]. 19
(3) Restrictions on employment of relatives shall be as follows: 20
(a) No relative of a superintendent of schools shall be an employee of the school 21
district. However, this shall not apply to a relative who is a classified or 22
certified employee of the school district for at least thirty -six (36) months 23
prior to the superinten dent assuming office and who is qualified for the 24
position the employee holds. A superintendent's spouse who has previously 25
been employed in a school system may be an employee of the school district. 26
A superintendent's spouse who is employed under this provision shall not hold 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 67 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
a position in which the spouse supervises certified or classified employees. A 1
superintendent's spouse may supervise teacher aides and student teachers. 2
However, the superintendent shall not promote a relative who continues 3
employment under an exception of this subsection; 4
(b) No superintendent shall employ a relative of a school board member of the 5
district; 6
(c) No principal's relative shall be employed in the principal's school; and 7
(d) A relative that is ineligible for employment un der paragraph (a), (b), or (c) of 8
this subsection may be employed as a substitute for a certified or classified 9
employee if the relative is not: 10
1. A regular full-time or part-time employee of the district; 11
2. Accruing continuing contract status or any oth er right to continuous 12
employment; 13
3. Receiving fringe benefits other than those provided other substitutes; or 14
4. Receiving preference in employment or assignment over other 15
substitutes. 16
(4) No superintendent shall assign a certified or classified staff p erson to an alternative 17
education program as part of any disciplinary action taken pursuant to KRS 161.011 18
or 161.790 as part of a corrective action plan established pursuant to the local 19
district evaluation plan. 20
(5) No superintendent shall employ in any position in the district any person who: 21
(a) Has been convicted of an offense that would classify a person as a violent 22
offender under KRS 439.3401; 23
(b) Has been convicted of a sex crime as defined by KRS 17.500 or a 24
misdemeanor offense under KRS Chapter 510; 25
(c) Is required to register as a sex offender under KRS 17.500 to 17.580; or 26
(d) Has an administrative finding of child abuse or neglect in records maintained 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 68 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
by the Cabinet for Health and Family Services. 1
(6) Requirements for background checks shall be as follows: 2
(a) A superintendent shall require the following individuals to submit to a 3
national and state criminal background check by the Department of Kentucky 4
State Police and the Federal Bureau of Investigation and have a clear CA/N 5
check, provided by the individual: 6
1. Each new certified or classified hire; 7
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 8
161.185; 9
3. A student teacher; 10
4. A school-based decision making council parent member; and 11
5. Any adult who is permitted access to school grounds on a regularly 12
scheduled and continuing basis pursuant to a written agreement for the 13
purpose of providing services directly to a student or students as part of 14
a school-sponsored program or activity; 15
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 16
a. Classified and certified individuals employed by the school district 17
prior to June 27, 2019; 18
b. Certified individuals who were employed in another certified 19
position in a Kentucky school district within six (6 ) months of the 20
date of hire and who had previously submitted to a national and 21
state criminal background check and who have a clear CA/N check 22
for the previous employment; or 23
c. Student teachers who have submitted to and provide a copy of a 24
national and state criminal background check by the Department 25
of Kentucky State Police and the Federal Bureau of Investigation 26
through an accredited teacher education institution in which the 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 69 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
student teacher is enrolled and who have a clear CA/N check. 1
2. The Education Professional Standards Board may promulgate 2
administrative regulations to impose additional qualifications to meet 3
the requirements of Pub. L. No. 92-544; 4
(c) A parent member may serve prior to the receipt of the criminal history 5
background check and CA/N letter required by paragraph (a) of this 6
subsection but shall be removed from the council on receipt by the school 7
district of a report documenting a record of abuse or neglect, or a sex crime or 8
criminal offense against a victim who is a minor as defined in KRS 17.500, or 9
as a violent offender as defined in KRS 17.165, and no further procedures 10
shall be required; 11
(d) A superintendent may require a volunteer or a visitor to submit to a national 12
and state criminal history background check by the Department of Kentucky 13
State Police and the Federal Bureau of Investigation and have a clear CA/N 14
check, provided by the individual; and 15
(e) The superintendent of a school district operating under an alternative 16
transportation plan approved by the Kentucky Department of Education in 17
accordance with KRS 156.153(3) shall require the driver of any non -school 18
bus passenger vehicle authorized to transport students to and from school 19
pursuant to th e alternative transportation plan who does not have a valid 20
commercial driver's license issued in accordance with KRS Chapter 281A 21
with an "S" endorsement to: 22
1. Submit to a national and state criminal background check by the 23
Department of Kentucky State P olice and the Federal Bureau of 24
Investigation at least once every three (3) years and a criminal records 25
check conducted in accordance with KRS 27A.090 in all other years; 26
2. Submit to drug testing consistent with the requirements of 49 C.F.R. pt. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 70 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
40; 1
3. Provide a biannual driving history record check performed by the 2
Transportation Cabinet; 3
4. Provide an annual clear CA/N check; 4
5. Immediately notify the superintendent of any conviction for a violation 5
under KRS Chapter 189 for which penalty points are assessed; and 6
6. Immediately notify the superintendent of any citation or arrest for a 7
violation of any provision of KRS Chapter 189A. The superintendent 8
shall inform the Kentucky Department of Education of the notification. 9
(7) (a) If a certified or classifi ed position remains unfilled after July 31 or if a 10
vacancy occurs during a school term, a superintendent may employ an 11
individual, who will have supervisory or disciplinary authority over minors, 12
on probationary status pending receipt of the criminal histo ry background 13
check and a clear CA/N check, provided by the individual. Application for the 14
criminal record and a request for a clear CA/N check of a probationary 15
employee shall be made no later than the date probationary employment 16
begins. 17
(b) Employment shall be contingent on the receipt of the criminal history 18
background check documenting that the probationary employee has no record 19
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 20
of a letter, provided by the individual, from the Cabinet for Health and Family 21
Services stating the employee is clear to hire based on no administrative 22
findings of child abuse or neglect found through a background check of child 23
abuse and neglect records maintained by the Cabinet for Health and Fam ily 24
Services. 25
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 26
probationary employment under this section shall terminate on receipt by the 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 71 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
school district of a criminal history background check documenting a record 1
of a sex crime or as a violent offender as defined in KRS 17.165 and no 2
further procedures shall be required. 3
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 4
employee on the basis of a criminal record other than a record of a s ex crime or as a 5
violent offender as defined in KRS 17.165, or on the basis of a CA/N check 6
showing an administrative finding of child abuse or neglect. 7
(9) (a) All fingerprints requested under this section shall be on an applicant 8
fingerprint card provide d by the Department of Kentucky State Police. The 9
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 10
from the Department of Kentucky State Police after a state criminal 11
background check is conducted. The results of the state and fe deral criminal 12
background check shall be sent to the hiring superintendent. Any fee charged 13
by the Department of Kentucky State Police, the Federal Bureau of 14
Investigation, and the Cabinet for Health and Family Services shall be an 15
amount no greater than t he actual cost of processing the request and 16
conducting the search. 17
(b) Each application form, provided by the employer to an applicant for a 18
certified or classified position, shall conspicuously state the following: "FOR 19
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 20
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 21
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 22
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 23
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 24
NEGLECT FOUND THROUGH A BACKGR OUND CHECK OF CHILD 25
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 26
FOR HEALTH AND FAMILY SERVICES." 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 72 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(c) Each application form for a district position shall require the applicant to: 1
1. Identify the states in which he or she has maintained residency, 2
including the dates of residency; and 3
2. Provide picture identification. 4
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 5
when an employee of the school district is charged with any offense which is 6
classified as a felony , the superintendent may transfer the employee to a second 7
position until such time as the employee is found not guilty, the charges are 8
dismissed, the employee is terminated, or the superintendent determines that further 9
personnel action is not required. The employee shall continue to be paid at the same 10
rate of pay he or she received prior to the transfer. If an employee is charged with 11
an offense outside of the Commonwealth, this provision may also be applied if the 12
charge would have been treated as a fe lony if committed within the 13
Commonwealth. Transfers shall be made to prevent disruption of the educational 14
process and district operations and in the interest of students and staff and shall not 15
be construed as evidence of misconduct. 16
(11) Notwithstanding any law to the contrary, each certified and classified employee of 17
the school district shall notify the superintendent if he or she has been found by the 18
Cabinet for Health and Family Services to have abused or neglected a child, and if 19
he or she has waiv ed the right to appeal a substantiated finding of child abuse or 20
neglect or if the substantiated incident was upheld upon appeal. Any failure to 21
report this finding shall result in the certified or classified employee being subject 22
to dismissal or termination. 23
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 24
Health and Family Services website. 25
Section 22. KRS 158.1413 is amended to read as follows: 26
(1) [Beginning with the 2019 -2020 school year, ] Each school district shall implement 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 73 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
essential workplace ethics programs that promote characteristics that are critical to 1
success in the workplace. Each student in elementary, middle, and high school shall 2
receive essential workplace ethics inst ruction that shall include but not be limited 3
to: 4
(a) Adaptability, including an openness to learning and problem solving, an 5
ability to embrace new ways of doing things, and a capability for critical 6
thinking; 7
(b) Diligence, including seeing a task through to completion; 8
(c) Initiative, including taking appr opriate action when needed without waiting 9
for direct instruction; 10
(d) Knowledge, including exhibiting an understanding of work -related 11
information, the ability to apply that understanding to a job, and effectively 12
explain the concepts to colleagues in rea ding, writing, mathematics, science, 13
and technology as required by the job; 14
(e) Reliability, including showing up on time, wearing appropriate attire, self -15
control, motivation, and ethical behavior; 16
(f) Remaining drug-free; and 17
(g) Working well with other s, including effective communication skills, respect 18
for different points of view and diversity of coworkers, the ability to 19
cooperate and collaborate, enthusiasm, and the ability to provide appropriate 20
leadership to or support for colleagues. 21
(2) (a) A school district shall use the essential workplace ethics characteristics listed 22
in subsection (1) of this section when creating a program or when choosing an 23
existing program. 24
(b) Each school district's local workforce investment board, in conjunction with 25
local economic development organizations from its state regional sector, and 26
other economic, workforce, or industry organizations the workforce 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 74 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
investment board deems necessary, shall recommend to the school district 1
best practices which may be used by scho ols to implement an essential 2
workplace ethics program. 3
(3) Every odd-numbered year[By January 1, 2019, and every two (2) years thereafter] , 4
each local school board shall collaborate with the local workforce investment board, 5
in conjunction with local eco nomic development organizations from its state 6
regional sector, and other economic, workforce, or industry organizations the 7
workforce investment board deems necessary, to establish essential workplace 8
ethics indicators for middle and high school students that are aligned with the 9
essential workplace ethics characteristics listed in subsection (1) of this section. 10
(4) Each local school board shall design and adopt a diploma seal, certificate, card, or 11
other identifiable symbol to award students deemed as ha ving minimally 12
demonstrated attainment of the local board's essential workplace ethics indicators[. 13
(5) By September 1, 2019, and every two (2) years thereafter, the superintendent of 14
each school district shall provide to the commissioner of education and the 15
Kentucky Workforce Innovation Board a report, in a format specified by the 16
commissioner, describing the school district's essential workplace ethics programs 17
and how they are being implemented at each school. A summary report compiled 18
by the commissioner that includes information from all local school district reports 19
shall be provided to the Kentucky Board of Education, the Interim Joint Committee 20
on Education, the Kentucky Workforce Innovation Board and each Kentucky 21
superintendent and principal in order to foster program improvement and the 22
sharing of best practices]. 23
Section 23. KRS 158.647 (Effective until January 1, 2027) is amended to read 24
as follows: 25
(1) A permanent subcommittee of the Legislative Research Co mmission to be known 26
as the Education Assessment and Accountability Review Subcommittee is hereby 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 75 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
created. The subcommittee shall be composed of eight (8) members appointed as 1
follows: three (3) members of the Senate appointed by the President of the Senat e; 2
one (1) member of the minority party in the Senate appointed by the Minority Floor 3
Leader in the Senate; three (3) members of the House of Representatives appointed 4
by the Speaker of the House of Representatives; and one (1) member of the 5
minority party in the House of Representatives appointed by the Minority Floor 6
Leader in the House of Representatives. Members of the subcommittee shall serve 7
for terms of two (2) years, and the members appointed from each chamber shall 8
elect one (1) member from their c hamber to serve as co -chair. The co -chairs shall 9
have joint responsibilities for subcommittee meeting agendas and presiding at 10
subcommittee meetings. A majority of the entire membership of the Education 11
Assessment and Accountability Review Subcommittee sha ll constitute a quorum, 12
and all actions of the subcommittee shall be by vote of a majority of its entire 13
membership. Any vacancy that may occur in the membership of the subcommittee 14
shall be filled by the same appointing authority who made the original appointment. 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 fo r 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 the Office of Edu cation Accountability 26
in the performance of its duties according to the provisions of KRS 7.410. 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 76 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(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 24. KRS 158.647 (Effective January 1, 2027) is amended to read as 7
follows: 8
(1) A permanent subcommittee of the Legislative Research Commission to be known 9
as the Education Assessment and Accountabili ty Review Subcommittee is hereby 10
created. The subcommittee shall be composed of eight (8) members appointed as 11
follows: three (3) members of the Senate appointed by the President of the Senate; 12
one (1) member of the minority party in the Senate appointed b y the Minority Floor 13
Leader in the Senate; three (3) members of the House of Representatives appointed 14
by the Speaker of the House of Representatives; and one (1) member of the 15
minority party in the House of Representatives appointed by the Minority Floor 16
Leader in the House of Representatives. Members of the subcommittee shall be 17
appointed in January of each odd -numbered year and shall serve for terms of two 18
(2) years. The President of the Senate and Speaker of the House of Representatives 19
shall each appoint one (1) member of the subcommittee from their chamber to serve 20
as co -chair. The co -chairs shall have joint responsibilities for subcommittee 21
meeting agendas and presiding at subcommittee meetings. A majority of the entire 22
membership of the Education Ass essment and Accountability Review 23
Subcommittee shall constitute a quorum, and all actions of the subcommittee shall 24
be by vote of a majority of its entire membership. Any vacancy that may occur in 25
the membership of the subcommittee shall be filled within t hirty (30) days of the 26
occurrence, in the same manner as the original appointment, and for the balance of 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 77 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
the vacated member's term. 1
(2) The subcommittee shall review administrative regulations and advise the Kentucky 2
Board of Education concerning the impl ementation of the state system of 3
assessment and accountability, established in KRS 158.6453, 158.6455, and 4
158.782, and for any administrative regulation promulgated under provisions of 5
KRS 158.860. 6
(3) The subcommittee may temporarily authorize the Kentu cky Department of 7
Education or Kentucky Board of Education to require a new report that is not 8
expressly required by state statute or federal law while the General Assembly is 9
not in session. The temporary authorization shall expire upon the sine die 10
adjournment of the next regular session of the General Assembly. 11
(4) The subcommittee shall advise and monitor the Office of Education Accountability 12
in the performance of its duties according to the provisions of KRS 7.410. 13
(5)[(4)] On an alternating basis, ea ch co -chair shall have the first option to set the 14
monthly meeting date. A monthly meeting may be canceled by agreement of both 15
co-chairs. The members of the subcommittee shall be compensated for attending 16
meetings as provided in KRS 7.090. 17
(6)[(5)] Any professional, clerical, or other employees required by the subcommittee 18
shall be provided in accordance with the provisions of KRS 7.090. 19
Section 25. The following KRS sections are repealed: 20
156.660 Definitions. 21
158.865 Legislative findings -- Development of summer learning program encouraged -22
- Purposes of program. 23
156.690 Teachers' computer purchase program. 24
158.866 Definitions for KRS 158.865 to 158.867. 25
158.867 Minimum requirements for summer learning camps at schools with certain 26
Title I programs -- Mandatory reports -- Student participation guidelines -- Teacher 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 78 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
compensation -- Summary annual reports. 1
157.077 Support for summer learning programs -- Segregation and use of funds. 2
Section 26. Notwithstanding 2025 Ky. Acts ch. 145, sec. 13(3), the Kentucky 3
Department of Education and Kentucky Board of Education may require the following 4
reports, regardless of whether the report is expressly required by state statute or federal 5
law: 6
(1) Any n ew or existing report required to administer federal programs or 7
required to respond to specific requests or requirements from the United States 8
Department of Education or other federal government entity, including but not limited to: 9
(a) 21st Century Community Learning Center reports; 10
(b) Perkins Comprehensive Local Needs Assessment; and 11
(c) "CDIP" quarterly expenditure reports; 12
(2) Any existing report required to administer state funding; 13
(3) Any new or existing report required to administer federal funding; 14
(4) Any existing report required to monitor compliance with state statute; 15
(5) Any new or existing report required to monitor compliance with federal law; 16
(6) Any report temporarily authorized by the Education Assessment and 17
Accountability Review Subcommittee pursuant to Section 23 or 24 of this Act; 18
(7) Any existing report related to pupil transportation, including but not limited 19
to: 20
(a) School bus inventory; 21
(b) Transportation growth factor adjustment form; 22
(c) Certification of school bus transportation milage; 23
(d) School bus driver database; 24
(e) Pupil transportation adjustment end-of-year form; and 25
(f) School bus accidents; 26
(8) The superintendent compensation survey; 27
UNOFFICIAL COPY 26 RS HB 727/EN
Page 79 of 79
HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM Engrossed
(9) Professional staff data report; 1
(10) Classified staff data report; 2
(11) Growth factor report; 3
(12) Superintendent's annual attendance report; 4
(13) QA homeless report; 5
(14) Alternative education program reports; 6
(15) New and amended school calendars; 7
(16) Home/hospital reporting; 8
(17) Property acquisition and disposal; and 9
(18) Any existing reporting required to monitor district -wide multitiered systems 10
of support implementation for students in grades kindergarten through grade 12. 11
Section 27. The nonvoting student and teacher members of the Kentucky Board 12
of Education selected prior to the effective date of this Act shall remain unaffected and 13
serve the remainder of their terms until June 30, 2027. Thereafter, the nonvoting student 14
and teacher members shall be selected in accordance with Section 9 of this Act. 15
Section 28. Whereas school districts need relief from unnecessary reporting 16
requirements upon starting the 2026-2027 school year, an emergency is declared to e xist, 17
and Sections 21 to 26 of this Act take effect July 1, 2026. 18