AN ACT relating to physical activity in schools.

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AN ACT relating to physical activity in schools. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 160.345 is amended to read as follows: 3
(1) For the purpose of this section: 4
(a) "Minority" means American Indian; Alaskan native; African -American; 5
Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or 6
South A merican origin; Pacific islander; or other ethnic group 7
underrepresented in the school; 8
(b) "Recess" means supervised and unstructured time for students for physical 9
activity, play, organized games, and social engagement with peers that is: 10
1. Separate and distinct from physical education courses and mealtimes, 11
but may follow or precede a physical education course or mealtime; 12
and 13
2. Held outdoors whenever practicable; 14
(c) "School" means an elementary or secondary educational institution that is 15
under the administrative control of a principal and is not a program or part of 16
another school. The term "school" does not include district -operated schools 17
that are: 18
1. Exclusively vocational -technical, special education, or preschool 19
programs; 20
2. Instructional programs operated in institutions or schools outside of the 21
district; or 22
3. Alternative schools designed to provide services to at -risk populations 23
with unique needs; 24
(d)[(c)] "Teacher" means any person for whom certification is required as a 25
basis of employment in the public schools of the state, with the exception of 26
principals and assistant principals; and 27
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(e)[(d)] "Parent" means: 1
1. A parent, stepparent, or foster parent of a student; or 2
2. A person who has legal custody of a student pursuant to a court order 3
and with whom the student resides. 4
(2) Each local board of education shall adopt a policy for implementing school -based 5
decision making in the district which shall include but not be limited to a 6
description of how the district's policies, i ncluding those developed pursuant to 7
KRS 160.340, have been amended to allow the professional staff members of a 8
school to be involved in the decision -making process as they work to meet 9
educational goals established in KRS 158.645 and 158.6451. The policy may 10
include a requirement that each school council make an annual report at a public 11
meeting of the board describing the school's progress in meeting the educational 12
goals set forth in KRS 158.6451 and district goals established by the board. The 13
policy shall also address and comply with the following: 14
(a) Except as provided in paragraph (b)2. of this subsection, each participating 15
school shall form a school council composed of two (2) parents, three (3) 16
teachers, and the principal or administrator. The me mbership of the council 17
may be increased, but it may only be increased proportionately. A parent 18
representative on the council shall not be an employee or a relative of an 19
employee of the school in which that parent serves, nor shall the parent 20
representative be an employee or a relative of an employee in the district 21
administrative offices. A parent representative shall not be a local board 22
member or a board member's spouse. None of the members shall have a 23
conflict of interest pursuant to KRS Chapter 45A, except the salary paid to 24
district employees; 25
(b) 1. The teacher representatives shall be elected for one (1) year terms by a 26
majority of the teachers. A teacher elected to a school council shall not 27
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be involuntarily transferred during the teacher represe ntative's term of 1
office. The parent representatives shall be elected for one (1) year terms. 2
The parent members shall be elected by the parents of students 3
preregistered to attend the school during the term of office in an election 4
conducted by the parent and teacher organization of the school or, if 5
none exists, the largest organization of parents formed for this purpose. 6
Council elections may allow voting to occur over multiple days and via 7
electronic means. A school council, once elected, may adopt a po licy 8
setting different terms of office for parent and teacher members 9
subsequently elected. The principal shall be the chair of the school 10
council. 11
2. School councils in schools having eight percent (8%) or more minority 12
students enrolled, as determined by the enrollment on the preceding 13
October 1, shall have at least one (1) minority member. If the council 14
formed under paragraph (a) of this subsection does not have a minority 15
member, the principal, in a timely manner, shall be responsible for 16
carrying out the following: 17
a. Organizing a special election to elect an additional member. The 18
principal shall call for nominations and shall notify the parents of 19
the students of the date, time, and location of the election to elect a 20
minority parent to the council by ballot; and 21
b. Allowing the teachers in the building to select one (1) minority 22
teacher to serve as a teacher member on the council. If there are no 23
minority teachers who are members of the faculty, an additional 24
teacher member shall be elected by a majo rity of all teachers. 25
Term limitations shall not apply for a minority teacher member 26
who is the only minority on faculty; 27
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(c) 1. The school council shall have the responsibility to set school policy that 1
shall be consistent with district board policy and w hich shall provide an 2
environment to enhance the students' achievement and help the school 3
meet the goals established by KRS 158.645 and 158.6451 and goals for 4
the district established by the board. The principal shall be the primary 5
administrator and the instructional leader of the school, and with the 6
assistance of the total school staff shall administer the policies 7
established by the school council and the local board. 8
2. If a school council establishes committees, it shall adopt a policy to 9
facilitate the participation of interested persons, including, but not 10
limited to, classified employees and parents. The policy shall include the 11
number of committees, their jurisdiction, composition, and the process 12
for membership selection; 13
(d) The school council a nd each of its committees shall determine the frequency 14
of and agenda for their meetings. Matters relating to formation of school 15
councils that are not provided for by this section shall be addressed by local 16
board policy; 17
(e) The meetings of the school co uncil shall be open to the public and all 18
interested persons may attend. However, the exceptions to open meetings 19
provided in KRS 61.810 shall apply; 20
(f) After receiving notification of the funds available for the school from the local 21
board, the school co uncil shall determine, within the parameters of the total 22
available funds, the number of persons to be employed in each job 23
classification at the school. The council may make personnel decisions on 24
vacancies occurring after the school council is formed but shall not have the 25
authority to recommend transfers or dismissals; 26
(g) The local superintendent shall determine which curriculum, textbooks, 27
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instructional materials, and student support services shall be provided in the 1
school after consulting with the local board of education, the school principal, 2
and the school council and after a reasonable review and response period for 3
stakeholders in accordance with local board of education policy. Subject to 4
available resources, the local board shall allocate an ap propriation to each 5
school that is adequate to meet the school's needs related to instructional 6
materials and school -based student support services, as determined by the 7
school principal after consultation with the school council. The school council 8
shall consult with the school media librarian on the maintenance of the school 9
library media center, including the purchase of instructional materials, 10
information technology, and equipment; 11
(h) Personnel decisions at the school level shall be as follows: 12
1. From a list of qualified applicants submitted by the local superintendent, 13
the principal at the participating school shall select personnel to fill 14
vacancies, after consultation with the school council, consistent with 15
paragraph (i)11. of this subsection. The superintendent shall provide 16
additional applicants to the principal upon request when qualified 17
applicants are available. The superintendent may forward to the school 18
principal the names of qualified applicants who have pending 19
certification from the Educ ation Professional Standards Board based on 20
recent completion of preparation requirements, out -of-state preparation, 21
or alternative routes to certification pursuant to KRS 161.028 and 22
161.048. Requests for transfer shall conform to any employer -employee 23
bargained contract which is in effect; 24
2. If the vacancy to be filled is the position of principal: 25
a. The superintendent shall fill the vacancy after consultation with 26
the school council consistent with paragraph (i)11. of this 27
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subsection; 1
b. Prior to consultation with the school council, each member shall 2
sign a nondisclosure agreement forbidding the disc losure of 3
information shared and discussions held during consultation; 4
c. A person who believes a violation of the nondisclosure agreement 5
referred to in subdivision b. of this subparagraph has occurred may 6
file a written complaint with the Kentucky Board of Education; 7
and 8
d. A school council member found to have violated the nondisclosure 9
agreement referred to in subdivision b. of this subparagraph may 10
be subject to removal from the school council by the Kentucky 11
Board of Education under subsection (9)(e) of this section; 12
3. Notwithstanding subparagraph 2. of this paragraph, if the vacancy to be 13
filled is the position of principal in a county school district in a county 14
with a consolidated local government adopted under KRS Chapter 67C, 15
then: 16
a. The outgoin g principal shall not serve on the council during the 17
principal selection process. The superintendent or the 18
superintendent's designee shall serve as the chair of the council for 19
the purpose of the hiring process and shall have voting rights 20
during the selection process; 21
b. The council shall have access to the applications of all persons 22
certified for the position. The principal shall be elected on a 23
majority vote of the membership of the council. The school 24
council shall receive training in recruitment and interviewing 25
techniques prior to carrying out the process of selecting a 26
principal. The council shall select the trainer to deliver the 27
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training; and 1
c. Notwithstanding the requirement that a principal be elected by a 2
majority vote of the council, the sel ection of a principal shall be 3
subject to approval by the superintendent. If the superintendent 4
does not approve the principal selected by the council, then the 5
superintendent may select the principal; 6
4. No principal who has been previously removed from a position in the 7
district for cause may be considered for appointment as principal in that 8
district; 9
5. Personnel decisions made at the school level under the authority of 10
subparagraph 1. of this paragraph shall be binding on the superintendent 11
who completes the hiring process; 12
6. Applicants subsequently employed shall provide evidence that they are 13
certified prior to assuming the duties of a position in accordance with 14
KRS 161.020; and 15
7. Notwithstanding other provisions of this paragraph, if the applicant is 16
the spouse of the superintendent and the applicant meets the service 17
requirements of KRS 160.380(3)(a), the applicant shall only be 18
employed upon the recommendation of the principal and the approval of 19
a majority vote of the school council; 20
(i) The sch ool council shall adopt a policy that shall be consistent with local 21
board policy and shall be implemented by the principal in the following 22
additional areas: 23
1. Curriculum responsibilities under KRS 158.6453(19); 24
2. Assignment of all instructional and noninstructional staff time; 25
3. Assignment of students to classes and programs within the school; 26
4. Determination of the schedule of the school day and week, subject to the 27
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beginning and ending times of the school day and school calendar year 1
as established by the local board; 2
5. Determination of use of school space during the school day related to 3
improving classroom teaching and learning; 4
6. Planning and resolution of issues regarding instructional practices; 5
7. Selection and implementation of discipline an d classroom management 6
techniques as a part of a comprehensive school safety plan, including 7
responsibilities of the student, parent, teacher, counselor, and principal; 8
8. Selection of extracurricular programs and determination of policies 9
relating to stud ent participation based on academic qualifications and 10
attendance requirements, program evaluation, and supervision; 11
9. Adoption of an emergency plan as required in KRS 158.162; 12
10. Procedures, consistent with local school board policy, for determining 13
alignment with state standards, technology utilization, and program 14
appraisal; and 15
11. Procedures to assist the council with consultation in the selection of the 16
principal by the superintendent, and the selection of personnel by the 17
principal, including but n ot limited to meetings, timelines, interviews, 18
review of written applications, and review of references. Procedures 19
shall address situations in which members of the council are not 20
available for consultation; and 21
(j) Each school council shall annually revi ew data as shown on state and local 22
student assessments required under KRS 158.6453. The data shall include but 23
not be limited to information on performance levels of all students tested, and 24
information on the performance of students disaggregated by race , gender, 25
disability, and participation in the federal free and reduced price lunch 26
program. After completing the review of data, each school council, with the 27
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involvement of parents, faculty, and staff, shall develop and adopt a plan to 1
ensure that each student makes progress toward meeting the goals set forth in 2
KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan 3
to the superintendent and local board of education for review as described in 4
KRS 160.340. The Kentucky Department of Edu cation shall provide each 5
school council the data needed to complete the review required by this 6
paragraph no later than October 1 of each year. If a school does not have a 7
council, the review shall be completed by the principal with the involvement 8
of parents, faculty, and staff. 9
(3) The policies adopted by the local board to implement school-based decision making 10
shall also address the following: 11
(a) School budget and administration, including: discretionary funds; activity and 12
other school funds; funds for maintenance, supplies, and equipment; and 13
procedures for authorizing reimbursement for training and other expenses; 14
(b) Assessment of individual st udent progress, including testing and reporting of 15
student progress to students, parents, the school district, the community, and 16
the state; 17
(c) School improvement plans, including the form and function of strategic 18
planning and its relationship to distric t planning, as well as the school safety 19
plan and requests for funding from the Center for School Safety under KRS 20
158.446; 21
(d) Professional development plans developed pursuant to KRS 156.095; 22
(e) Parent, citizen, and community participation including the relationship of the 23
council with other groups; 24
(f) Cooperation and collaboration within the district, with other districts, and with 25
other public and private agencies; 26
(g) Requirements for waiver of district policies; 27
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(h) Requirements for record keeping by the school council; and 1
(i) A process for appealing a decision made by a school council. 2
(4) In addition to the authority granted to the school council in this section, the local 3
board may grant to the school council any other authority permitted by law. The 4
board shall make available liability insurance coverage for the protection of all 5
members of the school council from liability arising in the course of pursuing their 6
duties as members of the council. 7
(5) All schools shall implement school -based decision making in accordance with this 8
section and with the policy adopted by the local board pursuant to this section. 9
Upon favorable vote of a majority of the faculty at the school and a majority of at 10
least twenty -five (25) voting parents of students enroll ed in the school, a school 11
meeting its goal as determined by the Department of Education pursuant to KRS 12
158.6455 may apply to the Kentucky Board of Education for exemption from the 13
requirement to implement school -based decision making, and the state board shall 14
grant the exemption. The voting by the parents on the matter of exemption from 15
implementing school -based decision making shall be in an election conducted by 16
the parent and teacher organization of the school or, if none exists, the largest 17
organization of parents formed for this purpose. Notwithstanding the provisions of 18
this section, a local school district shall not be required to implement school -based 19
decision making if the local school district contains only one (1) school. 20
(6) The Department of Education shall provide professional development activities to 21
assist schools in implementing school -based decision making. School council 22
members elected for the first time shall complete a minimum of six (6) clock hours 23
of training in the process of sch ool-based decision making, no later than thirty (30) 24
days after the beginning of the service year for which they are elected to serve. 25
School council members who have served on a school council at least one (1) year 26
shall complete a minimum of three (3) cl ock hours of training in the process of 27
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school-based decision making no later than one hundred twenty (120) days after the 1
beginning of the service year for which they are elected to serve. Experienced 2
members may participate in the training for new member s to fulfill their training 3
requirement. School council training required under this subsection shall be 4
conducted by trainers endorsed by the Department of Education. By November 1 of 5
each year, the principal through the local superintendent shall forward to the 6
Department of Education the names and addresses of each council member and 7
verify that the required training has been completed. School council members 8
elected to fill a vacancy shall complete the applicable training within thirty (30) 9
days of their election. 10
(7) A school that chooses to have school -based decision making but would like to be 11
exempt from the administrative structure set forth by this section may develop a 12
model for implementing school-based decision making, including but not limited to 13
a description of the membership, organization, duties, and responsibilities of a 14
school council. The school shall submit the model through the local board of 15
education to the commissioner of education and the Kentucky Board of Education, 16
which shall hav e final authority for approval. The application for approval of the 17
model shall show evidence that it has been developed by representatives of the 18
parents, students, certified personnel, and the administrators of the school and that 19
two-thirds (2/3) of the faculty have agreed to the model. 20
(8) The Kentucky Board of Education, upon recommendation of the commissioner of 21
education, shall adopt by administrative regulation a formula by which school 22
district funds shall be allocated to each school council. Inclu ded in the school 23
council formula shall be an allocation for professional development that is at least 24
sixty-five percent (65%) of the district's per pupil state allocation for professional 25
development for each student in average daily attendance in the sc hool. The school 26
council shall plan professional development in compliance with requirements 27
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specified in KRS 156.095, except as provided in KRS 158.649. School councils of 1
small schools shall be encouraged to work with other school councils to maximize 2
professional development opportunities. 3
(9) (a) No board member, superintendent of schools, district employee, or member of 4
a school council shall intentionally engage in a pattern of practice which is 5
detrimental to the successful implementation of or circu mvents the intent of 6
school-based decision making to allow the professional staff members of a 7
school and parents to be involved in the decision making process in working 8
toward meeting the educational goals established in KRS 158.645 and 9
158.6451 or to make decisions in areas of policy assigned to a school council 10
pursuant to paragraph (i) of subsection (2) of this section. 11
(b) An affected party who believes a violation of this subsection has occurred 12
may file a written complaint with the Office of Educati on Accountability. The 13
office shall investigate the complaint and resolve the conflict, if possible, or 14
forward the matter to the Kentucky Board of Education. 15
(c) The Kentucky Board of Education shall conduct a hearing in accordance with 16
KRS Chapter 13B fo r complaints referred by the Office of Education 17
Accountability. 18
(d) If the state board determines a violation has occurred, the party shall be 19
subject to reprimand. A second violation of this subsection may be grounds 20
for removing a superintendent or a me mber of a school council from office or 21
grounds for dismissal of an employee for misconduct in office or willful 22
neglect of duty. 23
(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the 24
state board determines a violation of the non disclosure agreement required by 25
subsection (2)(h)2.b. of this section by a school council member has occurred, 26
the state board shall remove the member from the school council, and the 27
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member shall be permanently prohibited from serving on any school counc il 1
in the district. 2
(10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or 3
maintain a school -based decision making council and the powers, duties, and 4
authority granted to a school council may be rescinded or the scho ol council's role 5
may be advisory if the commissioner of education or the Kentucky Board of 6
Education takes action under KRS 160.346. 7
(11) (a) Each school council [ of a school containing grades K -5 or any combination 8
thereof], or if there is no school coun cil, the principal, shall develop and 9
implement a wellness policy that includes moderate to vigorous physical 10
activity each day and encourages healthy choices among students. The policy: 11
1. For students enrolled in kindergarten to grade five (5), shall inc lude a 12
minimum of: 13
a. Thirty (30) minutes of recess as part of each regular full 14
instructional day; and 15
b. Fifteen (15) minutes of recess as part of each scheduled early 16
release instructional day; 17
2. For students enrolled in grades six (6) through twelve (12), may 18
include up to thirty (30) minutes of recess as [may permit physical 19
activity to be considered] part of the instructional day . If offered, a 20
minimum of fifteen (15) minutes of recess shall be included as part of 21
an instructional day [, not to exceed thirty (30) minutes per day, or one 22
hundred and fifty (150) minutes per week.]; 23
3. May permit age and developmentally appropriate supervised physical 24
exercise to be used as a tool for student discipline during the recess 25
period if the physical exercise is conducted outdoors whenever 26
practicable; and 27
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4. Except as provided in subparagraph 3. of this paragraph, shall 1
prohibit the denial of student participation in recess unless the 2
student's participation poses an immediate threat to the physical safety 3
of the student, school personnel, or any other student. If a student is 4
denied recess pur suant to this subparagraph, school personnel shall 5
make all reasonable efforts to resolve the threat and minimize 6
exclusion from recess to the greatest extent practicable. 7
(b) Each school council, or if there is no school council, the principal, shall ado pt 8
an assessment tool to determine each child's level of physical activity on an 9
annual basis. The council or principal may utilize an existing assessment 10
program. 11
(c) The Kentucky Department of Education shall make available a list of 12
available resources to carry out the provisions of this subsection. The 13
department shall report to the Legislative Research Commission for referral 14
to the Interim Joint Committee on Education no later than November 1 of 15
each year on how the schools are providing physical act ivity under this 16
subsection and on the types of physical activity being provided. The policy 17
developed by the school council or principal shall comply with provisions 18
required by federal law, state law, or local board policy. 19
Section 2. The wellness policy required by subsection of Section 1 of this Act 20
shall be adopted and implemented prior to the first student attendance day of the 2026 -21
2027 school year. 22