AN ACT relating to education.

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AN ACT relating to education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 156.161 is amended to read as follows: 3
(1) The Kentucky Board of Education, upon the request of the local board of education 4
of a school district, may grant a waiver from the requirements of an administrative 5
regulation promulgated by the state boa rd or from a statute over which the state 6
board has authority to enforce. A waiver granted by the state board shall expire on 7
June 30 of the third full school year after the request was first approved, regardless 8
of subsequent amendment, unless the state b oard renews the waiver prior to 9
expiration. However, a waiver related to school district facility projects that may 10
include the construction or renovation of school buildings or the acquisition or 11
disposition of property shall not expire unless the state board specifically provides 12
for expiration when granting the waiver. The state board shall not waive any 13
statute or administrative regulation: 14
(a) Relating to health and safety, including required criminal background checks 15
for staff and volunteers specified in KRS 160.380 and 161.148; 16
(b) Relating to civil rights; 17
(c) Required by federal law; 18
(d) Relating to compulsory attendance requirements under KRS 158.030 and 19
158.100, or the recording of data necessary for participation in the fund to 20
support education excellence in Kentucky; 21
(e) Establishing certification requirements for teachers in core academic areas , 22
except a waiver may authorize up to twenty -five percent (25%) of the 23
teaching staff of a school may be employed without teacher certification if the 24
individual possesses a baccalaureate or graduate degree in the subject the 25
individual is hired to teach; 26
(f) Requiring students' participation in state assessment of student performance as 27
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required under KRS 158.6453; 1
(g) Financial audits, audit procedures, and audit requirements under KRS 2
156.265; 3
(h) Open records and open meeting requirements under KRS Chapter 61; 4
(i) Purchasing requirements and limitations under KRS Chapter 45A and KRS 5
156.074 and 156.480; or 6
(j) Requiring instructional time that is at least equivalent to the student 7
instructional year specified in KRS 158.070. 8
(2) A waiver request under subsection (1) of this section shall: 9
(a) Identify the specific statutes and administrative regulations for which the local 10
board is seeking a waiver; 11
(b) Specify the schools or programs within the district to which the waiver shall 12
apply; 13
(c) Explain how the waiver for the schools or programs of each specific statute or 14
administrative regulation will improve operations or student academic 15
achievement; and 16
(d) Include any evidence the district wishes to submit to support the request. 17
(3) Upon the majority v ote of a local board approving a waiver request, the 18
superintendent of the district shall submit the waiver request to the state board. The 19
state board shall consider the waiver of each statute or administrative regulation 20
included in the request at a[the next] regularly scheduled meeting occurring no 21
later than forty-five (45) calendar days after submission and shall either approve or 22
deny the request. In considering approval for each statute or administrative 23
regulation identified in a waiver request, the state board shall grant the request if it 24
demonstrates that the waiver is more likely than not: 25
(a) To improve that school's or program's operation without hindering student 26
academic achievement; or 27
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(b) To improve student academic achievement at that school or program. 1
(4) In submitting a waiver request under subsection (3) of this section, a local board 2
may seek to identify the school or program that is the subject of the request as a 3
school of innovation. In addition to any other waivers granted for the school or 4
program, a school of innovation shall be granted a waiver from all statutes and 5
administrative regulations that would prevent the district from entering into an 6
agreement with an education service provider to assist in the management and 7
operation of the school or program. The state board shall approve the school of 8
innovation request if the request demonstrates that identification as a school of 9
innovation is more likely than not to improve either that school's or program's 10
operation or student academic achievement. 11
(5) A local board whose request to waive a statute or administrative regulation under 12
subsection (3) or (4) of this section was denied may amend the original request for 13
reconsideration at the state board's next regularly scheduled me eting. A local board 14
may request assistance from the Kentucky Department of Education in the 15
development of the local board's waiver request or an amendment. 16
(6) A local board may seek to amend a previously approved waiver request by 17
submitting the amendme nt for approval by the state board under the same 18
procedures as the original request. 19
(7) A local board that is granted a waiver under subsection (3) or (4) of this section 20
may submit a request to renew the waiver to the state board. A renewal request shall 21
be submitted no earlier than six (6) months prior to that waiver's expiration. The 22
renewal request shall include evidence of the operational improvement of the 23
school or program that is subject to the waiver, the academic achievement of the 24
students enro lled in the schools or program, comparisons of those students with 25
similar students across the state, and any other evidence of the waiver's benefit to 26
student academic achievement. If the state board finds that the waiver has had a 27
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positive impact on the school's or program's operation or the academic achievement 1
of students, then the renewal request shall be approved. An approved renewal 2
request shall extend the waiver for an additional three (3) school years . A waiver 3
related to school district facility projects, as identified in subsection (1) of this 4
section, shall not expire unless the state board specifically provides for expiration 5
when granting the waiver. 6
(8) Any school that is subject to a waiver shall admit any and all children eligible to 7
attend the school subject to the local board's policies. 8
(9) If the state board at any time finds by a two-thirds (2/3) majority vote that a specific 9
waiver previously granted has hindered school or program operations, endangered 10
students, impeded student academ ic achievement, or supported financial 11
malfeasance or criminal activity, then the waiver shall be rescinded. The existence 12
of a waiver shall not negate the legal duties or professional responsibilities of a 13
district employee. 14
(10) The state board shall pro mulgate administrative regulations in accordance with 15
KRS Chapter 13A to adopt a standardized waiver request form and establish any 16
procedures for processing waiver requests in compliance with this section. 17
Section 2. KRS 157.360 is amended to read as follows: 18
(1) (a) In determining the cost of the program to support education excellence in 19
Kentucky, the statewide guaranteed base funding level, as defined in KRS 20
157.320, shall be computed by dividing the amount appropriat ed for this 21
purpose by the prior year's statewide average daily attendance. 22
(b) When determining the biennial appropriations for the program, the average 23
daily attendance for each fiscal year shall include an estimate of the number 24
of students graduating early under the provisions of KRS 158.142. 25
(2) Each district shall receive an amount equal to t he base funding level for each pupil 26
in average daily attendance in the district in the previous year, except a district shall 27
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receive an amount equal to one -half (1/2) of the state portion of the average 1
statewide per pupil guaranteed base funding level f or each student who graduated 2
early under the provisions of KRS 158.142. Each district's base funding level shall 3
be adjusted by the following factors: 4
(a) The number of at -risk students in the district. At -risk students shall be 5
identified as those approved for the free lunch program under state and federal 6
guidelines. The number of at-risk students shall be multiplied by a factor to be 7
established by the General Assembly. Funds generated under this paragraph 8
may be used to pay for: 9
1. Alternative programs for students who are at risk of dropping out of 10
school before achieving a diploma; and 11
2. A hazardous duty pay supplement as determined by the local board of 12
education to the teachers who work in alternative programs with 13
students who are violent or assaultive; 14
(b) The number and types of exceptional children in the district as defined by 15
KRS 157.200. Specific weights for each category of exceptionality shall be 16
used in the calculation of the add-on factor for exceptional children; and 17
(c) Transportation costs. The per -pupil cost of transportation shall be calculated 18
as provided by KRS 157.370. Districts which contract to furnish 19
transportation to students attending nonpublic schools may adopt any payment 20
formula which ensures that no public school funds ar e used for the 21
transportation of nonpublic students. 22
(3) Beginning with the 2015 -2016 school year and each year thereafter, the General 23
Assembly shall annually allocate funds equal to one -half (1/2) of the state portion 24
of the average statewide per pupil g uaranteed base funding level for each student 25
who graduated early under the provisions of KRS 158.142 the previous school year 26
to the Kentucky Higher Education Assistance Authority for deposit in the early 27
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graduation scholarship trust fund. 1
(4) The program to support education excellence in Kentucky shall be fully 2
implemented by the 1994-95 school year. 3
(5) (a) Except for those schools which have implemented school -based decision 4
making, the commissioner of education shall enforce maximum class sizes for 5
every academic course requirement in all grades except in vocal and 6
instrumental music, and physical education classes. Except as provided in 7
subsection (6) of this section, the maximum number of pupils enrolled in a 8
class shall be as follows: 9
1. Twenty-four (24) in primary grades (kindergarten through third grade); 10
2. Twenty-eight (28) in grade four (4); 11
3. Twenty-nine (29) in grades five (5) and six (6); 12
4. Thirty-one (31) in grades seven (7) to twelve (12). 13
(b) Except for those schools which have implement ed school -based decision 14
making, class size loads for middle and secondary school: 15
1. Classroom teachers shall not exceed the equivalent of one hundred fifty 16
(150) pupil hours per day; and 17
2. Virtual program teachers shall not exceed the equivalent of thre e 18
hundred (300) pupil hours per day. 19
(c) The commissioner of education, upon approval of the Kentucky Board of 20
Education, shall adopt administrative regulations for enforcing this provision. 21
These administrative regulations shall include procedures for a s uperintendent 22
to request a temporary[an] exemption from the Kentucky Department[Board] 23
of Education when unusual circumstances warrant an increased class size for 24
an individual class. A request for a temporary [an] exemption shall include 25
specific reasons for the increased class size with a plan for reducing the class 26
size prior to the beginning of the next school year. The Kentucky Board of 27
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Education shall review all temporary exemptions within forty -five (45) 1
business days and revoke the temporary exemption or approve an exemption 2
for the remainder of the school year. A district shall not receive [ in] any 3
temporary or state board approved[one (1) year] exemptions for more classes 4
than enroll twenty percent (20%) of the pupils in the primary grades and 5
grades four (4) through eight (8). 6
(d) In all schools the commissioner of education shall enforce the special 7
education maximum class sizes set by administrative regulations adopted by 8
the Kentucky Board of Education. A superintendent or school-based decision 9
making council may request an exemption pursuant to paragraph (c) of this 10
subsection.[ A local school council may request a waiver relating to maximum 11
class size pursuant to KRS 156.161 in the same manner as a local board of 12
education.] An exemption [ or wai ver] shall not be granted if the increased 13
class size will impede any exceptional child from achieving his or her 14
individual education program in the least restrictive environment. 15
(6) In grades four (4) through six (6) with combined grades, the maximum cl ass size 16
shall be the average daily attendance upon which funding is appropriated for the 17
lowest assigned grade in the class. There shall be no exceptions to the maximum 18
class size for combined classes. In combined classes other than the primary grades, 19
no ungraded students shall be placed in a combined class with graded students. In 20
addition, there shall be no more than two (2) consecutive grade levels combined in 21
any one (1) class in grades four (4) through six (6). However, this shall not apply to 22
schools which have implemented school-based decision making. 23
(7) If a local school district, through its admission and release committee, determines 24
that an appropriate program in the least restrictive environment for a particular child 25
with a disability include s either part -time or full -time enrollment with a private 26
school or agency within the state or a public or private agency in another state, the 27
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school district shall count as average daily attendance in a public school the time 1
that the child is in attenda nce at the school or agency, contingent upon approval by 2
the commissioner of education. 3
(8) Pupils attending a center for child learning and study established under an 4
agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose of calculating 5
average daily attendance, be considered as in attendance in the school district in 6
which the child legally resides and which is party to the agreement. For purposes of 7
subsection (1) of this section, teachers who are actually employees of the joint or 8
cooperative action shall be considered as employees of each school district which is 9
a party to the agreement. 10
(9) Program funding shall be increased when the average daily attendance in any 11
district for the first two (2) months of the current school year is greater than the 12
average daily attendance of the district for the first two (2) months of the previous 13
school year. The program funds allotted the district shall be increased by the 14
percent of increase. The average daily attendance in kindergarten is the 15
kindergarten full-time equivalent pupils in average daily attendance. 16
(10) If the average daily attendance for the current school year in any district decreases 17
by ten percent (10%) or more than the average daily attendance for the previous 18
school year, the average daily attendance for purposes of calculating program 19
funding for the next school year shall be increased by an amount equal to two-thirds 20
(2/3) of the decrease in average daily attendance. If the average daily attendance 21
remains the same or decreases in t he succeeding school year, the average daily 22
attendance for purposes of calculating program funding for the following school 23
year shall be increased by an amount equal to one -third (1/3) of the decrease for the 24
first year of the decline. 25
(11) If the percentage of attendance of any school district shall have been reduced more 26
than two percent (2%) during the previous school year, the program funding 27
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allotted the district for the current school year shall be increased by the difference in 1
the percentage of at tendance for the two (2) years immediately prior to the current 2
school year less two percent (2%). 3
(12) (a) Instructional salaries for vocational agriculture classes shall be for twelve (12) 4
months per year. Vocational agriculture teachers shall be respons ible for the 5
following program of instruction during the time period beyond the regular 6
school term established by the local board of education: supervision and 7
instruction of students in agriculture experience programs; group and 8
individual instruction of farmers and agribusinessmen; supervision of student 9
members of agricultural organizations who are involved in leadership training 10
or other activity required by state or federal law; or any program of vocational 11
agriculture established by the Department of Education. During extended 12
employment, no vocational agriculture teacher shall receive salary on a day 13
that the teacher is scheduled to attend an institution of higher education class 14
which could be credited toward meeting any certification requirement. 15
(b) Each teacher of agriculture employed shall submit an annual plan for summer 16
program to the local school superintendent for approval. The summer plan 17
shall include a list of tasks to be performed, purposes for each task, and time 18
to be spent on each task . Approval by the local school superintendent shall be 19
in compliance with the guidelines developed by the Department of Education. 20
The supervision and accountability of teachers of vocational agriculture's 21
summer programs shall be the responsibility of the local school 22
superintendent. The local school superintendent shall submit to the 23
commissioner of education a completed report of summer tasks for each 24
vocational agriculture teacher. Twenty percent (20%) of the approved 25
vocational agriculture programs sha ll be audited annually by the State 26
Department of Education to determine that the summer plan has been properly 27
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executed. 1
(13) (a) In allotting program fund s for home and hospital instruction, statewide 2
guaranteed base funding, excluding the capital outlay, shall be allotted for 3
each child in average daily attendance in the prior school year who has been 4
properly identified according to Kentucky Board of Educ ation administrative 5
regulations. Attendance shall be calculated pursuant to KRS 157.270 and shall 6
be reported monthly on forms provided by the Department of Education; and 7
(b) Pursuant to administrative regulations of the Kentucky Board of Education, 8
local school districts shall be reimbursed for home and hospital instruction for 9
pupils unable to attend regular school sessions because of short -term health 10
impairments. A reimbursement formula shall be established by administrative 11
regulations to include suc h factors as a reasonable per hour, per child 12
allotment for teacher instructional time, with a maximum number of funded 13
hours per week, a reasonable allotment for teaching supplies and equipment, 14
and a reasonable allotment for travel expenses to and from i nstructional 15
assignments, but the formula shall not include an allotment for capital outlay. 16
Attendance shall be calculated pursuant to KRS 157.270 and shall be reported 17
annually on forms provided by the Department of Education. 18
(14) Except for those schoo ls which have implemented school -based decision making 19
and the school council has voted to waive this subsection and for virtual programs, 20
kindergarten aides shall be provided for each twenty -four (24) full -time equivalent 21
kindergarten students enrolled. 22
(15) Effective July 1, 2001, there shall be no deduction applied against the base funding 23
level for any pupil in average daily attendance who spends a portion of his or her 24
school day in a program at a state -operated career and technical education or 25
vocational facility. 26
(16) During a fiscal year, a school district may request that the Department of Education 27
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recalculate its funds allocated under this section if the current year average daily 1
attendance for the twenty (20) day school month as defined in KRS 158.060(2) that 2
contains the most days within the calendar month of January exceeds the prior year 3
adjusted average daily attendance plus growth by at least one percent (1%). Any 4
adjustments in the allotments approved under this subsection shall be proport ional 5
to the remaining days in the school year and subject to available funds under the 6
program to support education excellence in Kentucky. 7
(17) To calculate the state portion of the program to support education excellence in 8
Kentucky for a school distric t, the Department of Education shall subtract the local 9
effort required under KRS 157.390(5) from the calculated base funding under the 10
program to support education excellence in Kentucky, as required by this section. 11
The value of the real estate used in t his calculation shall be the lesser of the current 12
year assessment or the prior year assessment increased by four percent (4%) plus 13
the value of current year new property. The calculation under this subsection shall 14
be subject to available funds. 15
(18) Notwithstanding any other statute or budget of the Commonwealth language to the 16
contrary, time missed due to shortening days for emergencies may be made up by 17
lengthening school days in the school calendar without any loss of funds under the 18
program to support education excellence in Kentucky. 19
Section 3. KRS 156.029 is amended to read as follows: 20
(1) There is hereby established a Kentucky Board of Education, which shall consist of 21
eleven (11) voting members appointed by the G overnor and confirmed by the 22
Senate of the General Assembly, with the president of the Council on 23
Postsecondary Education and the secretary of the Education and Labor Cabinet 24
serving as ex officio nonvoting members, and an active public elementary or 25
secondary school teacher and a public high school student appointed by the board 26
as described in subsection (4)[(3)] of this section serving as nonvoting members. 27
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Seven (7) voting members shall represent each of the Supreme Court districts as 1
established by KRS 21A.010, and four (4) voting members shall represent the state 2
at large. Each of the voting members shall serve for a four (4) year term, except the 3
initial appointments shall be as follows: the seven (7) members representing 4
Supreme Court districts shall serve a term which shall expire on April 14, 1994; and 5
the four (4) at -large members shall serve a term which shall expire on April 14, 6
1992. Subsequent appointments shall be submitted to the Senate for confirmation in 7
accordance with KRS 11.160. 8
(2) Appointments of the voting members shall be made without reference to 9
occupation. No voting member at the time of his or her appointment or during the 10
term of his or her service shall be engaged as a professional educator. Beginning 11
with voting members appoint ed on or after June 29, 2021, appointments to the 12
group of members representing Supreme Court districts and to the group of at -large 13
members, respectively, shall reflect equal representation of the two (2) sexes, 14
inasmuch as possible; reflect no less than proportional representation of the two (2) 15
leading political parties of the Commonwealth based on the state's voter registration 16
and the political affiliation of each appointee as of December 31 of the year 17
preceding the date of his or her appointment; and reflect the minority racial 18
composition of the Commonwealth based on the total minority racial population 19
using the most recent census or estimate data from the United States Census 20
Bureau. If the determination of proportional minority representation does not result 21
in a whole number of minority members, it shall be rounded up to the next whole 22
number. A particular political affiliation shall not be a prerequisite to appointment 23
to the board generally; however, if any person is appointed to the board that does 24
not represent either of the two (2) leading political parties of the Commonwealth, 25
the proportional representation by political affiliation requirement shall be 26
determined and satisfied based on the total number of members on the board less 27
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any member s not affiliated with either of the two (2) leading political parties. 1
Pursuant to KRS 63.080, a member shall not be removed except for cause or, 2
beginning with voting members appointed on or after June 29, 2021, in accordance 3
with KRS 63.080(3). Notwithstanding KRS 12.028, the board shall not be subject to 4
reorganization by the Governor. 5
(3) Ex officio and other nonvoting members shall not be represented by proxy at any 6
meeting of the board. 7
(4) The nonvoting teacher and student members shall be selected b y the board from the 8
state's seven (7) Supreme Court [six (6) congressional] districts on a rotating basis 9
from different districts. The public high school student shall be classified as a 10
sophomore[junior] at the time of appointment. The teacher and studen t members 11
shall serve for a one (1) year term [, except the initial appointments shall serve a 12
term which shall expire on April 14, 2022] . The board shall promulgate an 13
administrative regulation establishing the process for selecting the nonvoting 14
teacher and student members. 15
(5) A vacancy in the voting membership of the board shall be filled by the Governor 16
for the unexpired term with the consent of the Senate. In the event that the General 17
Assembly is not in session at the time of the appointment, the cons ent of the Senate 18
shall be obtained during the time the General Assembly next convenes. 19
(6) At the first regular meeting of the board in each fiscal year, a chairperson shall be 20
elected from its voting membership. 21
(7) The members shall be reimbursed for ac tual and necessary expenses incurred in the 22
performance of their duties. 23
(8) The commissioner of education shall serve as the executive secretary to the board. 24
(9) The primary function of the board shall be to develop and adopt policies and 25
administrative regulations, with the advice of the Local Superintendents Advisory 26
Council, by which the Department of Education shall be governed in planning, 27
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coordinating, administering, supervising, operating, and evaluating the educational 1
programs, services, and acti vities within the Department of Education which are 2
within the jurisdiction of the board. 3
Section 4. KRS 161.028 is amended to read as follows: 4
(1) The Education Professional Standards Board is recognized to be a public body 5
corporate and politic and an agency and instrumentality of the Commonwealth, in 6
the performance of essential governmental functions. The Education Professional 7
Standards Board has the authority and responsibility to: 8
(a) Establish standards and requirements for obtaining and maintaining a teaching 9
certificate; 10
(b) Set standards for, approve, and evaluate college, university, and school district 11
programs for the preparation of teach ers and other professional school 12
personnel. College or university programs may be approved by the board for a 13
college or university with regional institutional level accreditation or national 14
institutional level accreditation that is recognized by the Uni ted States 15
Department of Education and is eligible to receive federal funding under 20 16
U.S.C. secs. 1061 to 1063. Program standards shall reflect national standards 17
and shall address, at a minimum, the following: 18
1. The alignment of programs with the state 's core content for assessment 19
as defined in KRS 158.6457; 20
2. Research-based classroom practices, including effective classroom 21
management techniques; 22
3. Emphasis on subject matter competency of teacher education students; 23
4. Methodologies to meet diverse educational needs of all students; 24
5. The consistency and quality of classroom and field experiences, 25
including early practicums and student teaching experiences; 26
6. The amount of college-wide or university-wide involvement and support 27
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during the preparation as well as the induction of new teachers; 1
7. The diversity of faculty; 2
8. The effectiveness of partnerships with local school districts; and 3
9. The performance of graduates on various measures as determined by the 4
board; 5
(c) Conduct an annual review of diversity in teacher preparation programs; 6
(d) Provide assistance to universities and colleges in addressing diversity, which 7
may include researching successful strategies and disseminating the 8
information, encouraging the development of nontraditional avenues of 9
recruitment and providing ince ntives, waiving administrative regulations 10
when needed, and other assistance as deemed necessary; 11
(e) Discontinue approval of programs that do not meet standards or whose 12
graduates do not perform according to criteria set by the board; 13
(f) Issue, renew, re voke, suspend, or refuse to issue or renew; impose 14
probationary or supervisory conditions upon; issue a written reprimand or 15
admonishment; or any combination of actions regarding any certificate; 16
(g) Develop specific guidelines to follow upon receipt of an allegation of sexual 17
misconduct by an employee certified by the Education Professional Standards 18
Board. The guidelines shall include investigation, inquiry, and hearing 19
procedures which ensure the process does not revictimize the alleged victim 20
or cause harm if an employee is falsely accused; 21
(h) Receive, along with investigators hired by the Education Professional 22
Standards Board, training on the dynamics of sexual misconduct of 23
professionals, including the nature of this abuse of authority, characteristics of 24
the offender, the impact on the victim, the possibility and the impact of false 25
accusations, investigative procedures in sex offense cases, and effective 26
intervention with victims and offenders; 27
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(i) Recommend to the Kentucky Board of Education the es sential data elements 1
relating to teacher preparation and certification, teacher supply and demand, 2
teacher attrition, teacher diversity, and employment trends to be included in a 3
state comprehensive data and information system and periodically report data 4
to the appropriate Interim Joint Committee on Education; 5
(j) Submit reports to the Governor and the Legislative Research Commission and 6
inform the public on the status of teaching in Kentucky; 7
(k) Devise a credentialing system that provides alternative ro utes to gaining 8
certification and greater flexibility in staffing local schools while maintaining 9
standards for teacher competence; 10
(l) Develop a professional code of ethics; 11
(m) Charge reasonable fees for the issuance, reissuance, and renewal of 12
certificates that are established by administrative regulation. The proceeds 13
shall be used to meet a portion of the costs of the issuance, reissuance, and 14
renewal of certificates, costs for the operation and maintenance of the 15
Kentucky Educator Placement Service Sy stem under KRS 160.152, and the 16
costs associated with disciplinary action against a certificate holder under 17
KRS 161.120; 18
(n) Waive a requirement that may be established in an administrative regulation 19
promulgated by the board. A request for a waiver shall be submitted to the 20
board, in writing, by an applicant for certification, a postsecondary institution, 21
or a superintendent of a local school district, with appropriate justification for 22
the waiver. The board may approve the request if the person or instit ution 23
seeking the waiver has demonstrated extraordinary circumstances justifying 24
the waiver. Any waiver granted under this subsection shall be subject to 25
revocation if the person or institution falsifies information or subsequently 26
fails to meet the intent of the waiver; 27
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(o) Promote the development of one (1) or more innovative, nontraditional or 1
alternative administrator or teacher preparation programs through public or 2
private colleges or universities, private contractors, the Department of 3
Education, or the Kentucky Commonwealth Virtual University and waive 4
administrative regulations if needed in order to implement the program; 5
(p) Grant approval, if appropriate, of a university's request for an alternative 6
program that enrolls an administrator candidate in a postbaccalaureate 7
administrator preparation program concurrently with employment as an 8
assistant principal, principal, assistant superintendent, or superintendent in a 9
local school district. An administrator candidate in the alternative program 10
shall be granted a temporary provisional certificate and shall be a candidate in 11
the Kentucky Principal Internship Program, notwithstanding provisions of 12
KRS 161.030, or the Superintendent's Assessment process, notwithstanding 13
provisions of KRS 156.111, as appro priate. The temporary certificate shall be 14
valid for a maximum of two (2) years, and shall be contingent upon the 15
candidate's continued enrollment in the preparation program and compliance 16
with all requirements established by the board. A professional cert ificate shall 17
be issued upon the candidate's successful completion of the program, 18
internship requirements, and assessments as required by the board; 19
(q) Employ consultants as needed; 20
(r) Enter into contracts. Disbursements to professional educators who receive less 21
than one thousand dollars ($1,000) in compensation per fiscal year from the 22
board for serving on an assessment validation panel or as a test scorer or 23
proctor shall not be subject to KRS 45A.690 to 45A.725; 24
(s) Sponsor studies, conduct research, conduct conferences, and publish 25
information as appropriate; and 26
(t) Issue orders as necessary in any administrative action before the board. 27
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(2) (a) The board shall be composed of seventeen (17) members. The secretary of the 1
Education and Labor Cabinet a nd the president of the Council on 2
Postsecondary Education, or their designees, shall serve as ex officio voting 3
members. The Governor shall make the following fifteen (15) appointments: 4
1. Nine (9) members who shall be teachers representative of elementar y, 5
middle or junior high, secondary, special education, and secondary 6
vocational classrooms; 7
2. Two (2) members who shall be school administrators, one (1) of whom 8
shall be a school principal; 9
3. One (1) member representative of local boards of education; and 10
4. Three (3) members representative of postsecondary institutions, two (2) 11
of whom shall be deans of colleges of education at public universities 12
and one (1) of whom shall be the chief academi c officer or head of an 13
educator preparation program of an independent not-for-profit college or 14
university. 15
(b) The members appointed by the Governor shall be confirmed by the Senate 16
under KRS 11.160. If the General Assembly is not in session at the time of the 17
appointment, persons appointed shall serve prior to confirmation, but the 18
Governor shall seek the consent of the Senate at the next regular session or at 19
an intervening extraordinary session if the matter is included in the call of the 20
General Assembly. 21
(c) Each appointed member shall serve a three (3) year term. A vacancy on the 22
board shall be filled in the same manner as the original appointment within 23
sixty (60) days after it occurs. A member shall continue to serve until his or 24
her successor is n amed. Any member who, through change of employment 25
status or residence, or for other reasons, no longer meets the criteria for the 26
position to which he or she was appointed shall no longer be eligible to serve 27
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in that position. 1
(d) Members of the board shall serve without compensation but shall be permitted 2
to attend board meetings and perform other board business without loss of 3
income or other benefits. 4
(e) A state agency or any political subdivision of the state, including a school 5
district, required to hire a substitute for a member of the board who is absent 6
from the member's place of employment while performing board business 7
shall be reimbursed by the board for the actual amount of any costs incurred. 8
(f) A chairman shall be elected by and from the me mbership. A member shall be 9
eligible to serve no more than three (3) one (1) year terms in succession as 10
chairman. Regular meetings shall be held at least semiannually on call of the 11
chairman. 12
(g) The commissioner of education shall serve as executive secr etary to the board 13
and may designate staff to facilitate his or her duties. 14
(h) To carry out the functions relating to its duties and responsibilities, the board 15
is empowered to receive donations and grants of funds; to appoint consultants 16
as needed; and t o sponsor studies, conduct conferences, and publish 17
information. 18
Section 5. KRS 156.160 is amended to read as follows: 19
(1) With the advice of the Local Superintendents Advisory Council, the Kentucky 20
Board of Education sh all promulgate administrative regulations establishing 21
standards which school districts shall meet in student, program, service, and 22
operational performance. These regulations shall comply with the expected 23
outcomes for students and schools set forth in KR S 158.6451. Administrative 24
regulations shall be promulgated for the following: 25
(a) Courses of study for the different grades and kinds of common schools 26
identifying the common curriculum content directly tied to the goals, 27
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outcomes, and assessment strategi es developed under KRS 158.645, 1
158.6451, and 158.6453 and distributed to local school districts and schools. 2
The administrative regulations shall provide that: 3
1. If a school offers American sign language, the course shall be accepted 4
as meeting the forei gn language requirements in common schools 5
notwithstanding other provisions of law; 6
2. If a school offers the Reserve Officers Training Corps program, the 7
course shall be accepted as meeting the physical education requirement 8
for high school graduation notwithstanding other provisions of law; 9
3. Every public middle and high school's curriculum shall include 10
instruction on the Holocaust and other cases of genocide, as defined by 11
the United Nations Convention on the Prevention and Punishment of the 12
Crime of G enocide, that a court of competent jurisdiction, whether a 13
court in the United States or the International Court of Justice, has 14
determined to have been committed by applying rigorous standards of 15
due process; and 16
4. Beginning in the 2025 -2026 school year, cursive writing shall be 17
included as a course of study in all elementary schools and shall be 18
designed to ensure proficiency in cursive writing by the end of grade 19
five (5); 20
(b) Courses of study or educational experiences available to students in all middle 21
and high schools to fulfill the prerequisites for courses in advanced science 22
and mathematics as defined in KRS 158.845; 23
(c) The acquisition and use of educational equipment for the schools as 24
recommended by the Kentucky Department of Education [Council for 25
Education Technology]; 26
(d) The minimum requirements for high school graduation in light of the 27
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expected outcomes for students and schools set forth in KRS 158.6451. The 1
minimum requirements shall not include achieving any postsecondary 2
readiness indicator as described in KRS 158.6455 or any minimum score on a 3
statewide assessment administered under KRS 158.6453. Student scores from 4
any assessment administered under KRS 158.6453 that are determined by the 5
department's technical advisory committee to be v alid and reliable at the 6
individual level shall be included on the student transcript. The department's 7
technical advisory committee shall submit its determination to the 8
commissioner of education and the Legislative Research Commission; 9
(e) The requiremen ts for an alternative high school diploma for students with 10
disabilities whose individualized education program indicates that, in 11
accordance with 20 U.S.C. sec. 1414(d)(1)(A): 12
1. The student cannot participate in the regular statewide assessment; and 13
2. An appropriate alternate assessment has been selected for the student 14
based upon a modified curriculum and an individualized course of 15
study; 16
(f) Taking and keeping a school census, and the forms, blanks, and software to be 17
used in taking and keeping the ce nsus and in compiling the required reports. 18
The board shall create a statewide student identification numbering system 19
based on students' Social Security numbers. The system shall provide a 20
student identification number similar to, but distinct from, the S ocial Security 21
number, for each student who does not have a Social Security number or 22
whose parents or guardians choose not to disclose the Social Security number 23
for the student; 24
(g) Sanitary and protective construction of public school buildings, toilets , 25
physical equipment of school grounds, school buildings, and classrooms. With 26
respect to physical standards of sanitary and protective construction for school 27
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buildings, the Kentucky Board of Education shall adopt the Uniform State 1
Building Code; 2
(h) Medical inspection, physical and health education and recreation, and other 3
regulations necessary or advisable for the protection of the physical welfare 4
and safety of the public school children. The administrative regulations shall 5
set requirements for studen t health standards to be met by all students in 6
grades four (4), eight (8), and twelve (12) pursuant to the outcomes described 7
in KRS 158.6451. The administrative regulations shall permit a student who 8
received a physical examination no more than six (6) m onths prior to his or 9
her initial admission to Head Start to substitute that physical examination for 10
the physical examination required by the Kentucky Board of Education of all 11
students upon initial admission to the public schools, if the physical 12
examination given in the Head Start program meets all the requirements of the 13
physical examinations prescribed by the Kentucky Board of Education; 14
(i) A vision examination by an optometrist or ophthalmologist that shall be 15
required by the Kentucky Board of Educat ion. The administrative regulations 16
shall require evidence that a vision examination that meets the criteria 17
prescribed by the Kentucky Board of Education has been performed. This 18
evidence shall be submitted to the school no later than January 1 of the fir st 19
year that a three (3), four (4), five (5), or six (6) year -old child is enrolled in a 20
public school, public preschool, or Head Start program; 21
(j) 1. Beginning with the 2010 -2011 school year, a dental screening or 22
examination by a dentist, dental hygienist, physician, registered nurse, 23
advanced practice registered nurse, or physician assistant that shall be 24
required by the Kentucky Board of Education. T he administrative 25
regulations shall require evidence that a dental screening or examination 26
that meets the criteria prescribed by the Kentucky Board of Education 27
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has been performed. This evidence shall be submitted to the school no 1
later than January 1 of the first year that a five (5) or six (6) year -old 2
child is enrolled in a public school. 3
2. A child shall be referred to a licensed dentist if a dental screening or 4
examination performed by anyone other than a licensed dentist identifies 5
the possibility of dental disease; 6
(k) The transportation of children to and from school; 7
(l) The fixing of holidays on which schools may be closed and special days to be 8
observed, and the pay of teachers during absence because of sickness or 9
quarantine or when the schools are closed because of quarantine; 10
(m) The preparation of budgets and salary schedules for the several school 11
districts under the management and control of the Kentucky Board of 12
Education; 13
(n) A uniform series of forms and blanks, educational and financial, including 14
forms of contracts, for use in the several school districts; 15
(o) The disposal of real and personal property owned by local boards of 16
education; and 17
(p) The development and implementation of procedures, for all students who are 18
homeless children and youths as defined in 42 U.S.C. sec. 11434a(2), to do 19
the following: 20
1. Awarding and accepting of credit, including partial credit, for all 21
coursework satisfactorily completed by a student while enrolled at 22
another school; 23
2. Allowing a student who was previously enrolled in a course required for 24
graduation the opportunity, to the extent practicable, to complete the 25
course, at no cost to the student, before the beginning of the next school 26
year; 27
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3. Awarding a diploma, at the student's request, by a distr ict from which 1
the student transferred, if the student transfers schools at any time after 2
the completion of the student's second year of high school and the 3
student is ineligible to graduate from the district to which the student 4
transfers, but meets the graduation requirements of the district from 5
which the student transferred; and 6
4. Exempting the student from all coursework and other requirements 7
imposed by the local board of education that are in addition to the 8
minimum requirements for high school gra duation established by the 9
Kentucky Board of Education pursuant to paragraph (d) of this 10
subsection in the district to which the student transfers, if the student 11
transfers schools at any time after the completion of the student's second 12
year of high schoo l and the student is ineligible to graduate both from 13
the district to which the student transfers and the district from which the 14
student transferred. 15
(2) Any private, parochial, or church school may voluntarily comply with curriculum, 16
certification, and t extbook standards established by the Kentucky Board of 17
Education and be certified upon application to the board by such schools. 18
(3) Any public school that violates the provisions of KRS 158.854 shall be subject to a 19
penalty to be assessed by the commissioner of education as follows: 20
(a) The first violation shall result in a fine of no less than one (1) week's revenue 21
from the sale of the competitive food; 22
(b) Subsequent violations shall result in a fine of no less than one (1) month's 23
revenue from the sale of the competitive food; 24
(c) "Habitual violations," which means five (5) or more violations within a six (6) 25
month period, shall result in a six (6) month ban on competitive food sales for 26
the violating school; and 27
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(d) Revenue collected as a result of the fines in this subsection shall be 1
transferred to the food service fund of the local school district. 2
Section 6. KRS 156.670 is amended to read as follows: 3
(1) The Kentucky Department of Education [Council for Education T echnology] shall 4
develop the master plan for education technology and submit the plan to the 5
Kentucky Board of Education and the Legislative Research Commission for 6
approval. Implementation of each stage of the master plan shall begin immediately 7
upon appr oval of the board and the Legislative Research Commission. The plan 8
shall outline the Commonwealth's five (5) year activities related to purchasing, 9
developing, and using technology to: 10
(a) Improve learning and teaching and the ability to meet individual s tudents' 11
needs to increase student achievement; 12
(b) Improve curriculum delivery to help meet the needs for educational equity 13
across the state; 14
(c) Improve delivery of professional development; 15
(d) Improve the efficiency and productivity of administrators; and 16
(e) Encourage development by the private sector and acquisition by districts of 17
technologies and applications appropriate for education. 18
(2) The five (5) year plan shall cover all aspects of education technology, including but 19
not limited to [,] its use in educational instruction and administration, video and 20
computer systems, software and hardware, multiple delivery systems for satellite, 21
microwave, cable, instructional television fixed service, fiber optic, and computer 22
connections products, the preparation of school buildings for technological 23
readiness, and the development of staff necessary to implement the plan. 24
(3) The five (5) year plan s hall include specific recommendations to the Kentucky 25
Board of Education for the adoption of administrative regulations to establish and 26
implement a uniform and integrated system of standards and guidelines for 27
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financial accounting and reporting which shall be used by all school districts. 1
(4) The integrated technology -based communications system shall provide 2
comprehensive, current, accurate, and accessible information relating to 3
management, finance, operations, instruction, and pupil programs which are u nder 4
the jurisdiction of the Department of Education. 5
(5) To facilitate communication among teachers, parents, students, and prospective 6
employers of students, and to provide access to many vital technological services, 7
the five (5) year plan shall include the installation of a telephone in each classroom. 8
(6) In designing and implementing the five (5) year plan, the department[council] shall 9
consider seeking the active participation of private organizations whose knowledge 10
and assistance will be useful. 11
(7) [The council shall update as necessary the plan developed under subsection (2) of 12
this section and report to the Legislative Research Commission at the completion of 13
each implementation phase of the master plan. 14
(8) ]The department[council] shall submit its recommendations to the Kentucky Board 15
of Education, which shall accept the recommendations [,] or return them to the 16
department[council] along with suggestions for changes to make the 17
recommendations consistent with the policies of the Kentucky Board of Education. 18
Section 7. KRS 157.615 is amended to read as follows: 19
As used in KRS 157.611 to 157.640, unless the context requires otherwise: 20
(1) "Available local revenue" means the sum of the school building fund account 21
balance; the bonding potential of the capital outlay and building funds; and the 22
capital outlay fund account balance on June 30 of odd -numbered years. These 23
accounts shall be as defined in the manual for Kentucky school financial accounting 24
systems; 25
(2) "Board of education" means the governing body of a county school district or an 26
independent school district; 27
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(3) "Bonds" or "bonds of the commission" means bonds issued by the commission, or 1
issued by a city, county, or other agency or instrumentality of the Board of 2
Education, in accordance with KRS Chapter 162, payable as to principal and 3
interest from rentals received from a board of education or from the department 4
pursuant to a lease or from contributions from the commission, and constitute 5
municipal bon ds exempt from taxation under the Constitution of the 6
Commonwealth; 7
(4) "Department" means the State Department of Education; 8
(5) "District technology plan" means the plan developed by the local district and the 9
Department of Education and approved by the Kentucky Board of Education upon 10
the recommendation of the Kentucky Department of Education [Council for 11
Education Technology]; 12
(6) "Equivalent tax rate" means the rate which results when the income from all taxes 13
levied by the district for school purposes is divided by the total assessed value of 14
property plus the assessment for motor vehicles certified by the Department of 15
Revenue as provided by KRS 160.470; 16
(7) "Kentucky Education Technology System" means the statewide system set forth in 17
the technology m aster plan issued by the Kentucky Board of Education with the 18
recommendation of the Kentucky Department of Education [Council for Education 19
Technology] and approved by the Legislative Research Commission; 20
(8) "Lease" or "lease instrument" means a written in strument for the leasing of one (1) 21
or more school projects executed by the commission as lessor and a board of 22
education as lessee, or executed by the commission as lessor and the department as 23
lessee, as the case may be; 24
(9) "Lease/purchase agreement" me ans a lease between the school district or the 25
department and a vendor that includes an option to purchase the technology 26
equipment or software at the end of the lease period; 27
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(10) "Percentage discount" means the degree to which the commission will participate in 1
meeting the bond and interest redemption schedule required to amortize bonds 2
issued by the commission on behalf of a local school district; 3
(11) "Project" means a defined item of need to construct new facilities or to provide 4
major renovation of existing facilities which is identified on the priority schedule of 5
the approved school facilities plan; 6
(12) "School facilities plan" means the plan developed pursuant to the survey specified 7
by KRS 157.420 and by administrative regulations of the Kentucky Board of 8
Education; 9
(13) "Technology master plan" means the long -range plan for the implementation of the 10
Kentucky Education Technology System as developed by the Kentucky 11
Department of Education[Council for Education Technology] and approved by the 12
Kentucky Board of Education and the Legislative Research Commission; 13
(14) "Unmet facilities need" means the total cost of new construction and major 14
renovation needs as shown by the approved school facilities plan less any available 15
local revenue; 16
(15) "Unmet technology need" means the total cost of technology need as shown by the 17
approved technology plan of the local district; and 18
(16) "Eligible district" means any local school district having an unmet facilities need, as 19
defined in this section, in excess of on e hundred thousand dollars ($100,000) or a 20
district qualifying for education technology funding. 21
Section 8. KRS 157.655 is amended to read as follows: 22
(1) To participate in the education technology funding program, a loc al public school 23
district shall have an unmet technology need described in its local district 24
technology plan and approved by the Kentucky Board of Education pursuant to its 25
technology master plan, and shall match equally the amount of funds offered by the 26
School Facilities Construction Commission for this purpose each biennium, except 27
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as provided in subsection (2) of this section [. Technology approved for the 1
Kentucky Education Technology System and included in the local district 2
technology plan, which was acquired prior to April 3, 1992, and for which the 3
district has an outstanding financial obligation, shall qualify for commission 4
funding. This provision shall not apply to any purchases or contracts made between 5
April 3, 1992, and the first offers of ass istance recommended by the Council for 6
Education Technology to the State Board for Elementary and Secondary 7
Education]. 8
(2) [For fiscal year 1992 -93, funding shall be allotted to districts without an approved 9
plan upon the recommendation of the Council for Education Technology to the 10
State Board for Elementary and Secondary Education. 11
(3) ]If a local board of education determin es that for any reason the district's approved 12
technology plan is grossly inconsistent with the administrative regulations 13
governing the development of the plan, the local board may certify, by official 14
action, the reason for the inconsistency and may requ est that the Department of 15
Education reevaluate the technology plan of the district. After review of the data, 16
the chief state school officer may require a reevaluation and the approval of a new 17
technology plan certified prior to an official offer from the School Facilities 18
Construction Commission. If the chief state school officer elects to recommend the 19
new technology plan to the Kentucky Board of Education, the board shall notify the 20
School Facilities Construction Commission of any change required in the offer of 21
assistance for the district. 22
Section 9. KRS 156.802 is amended to read as follows: 23
(1) The Office of Career and Technical Education is hereby created within the 24
Department of Education. The office shall consist of those administrative bodies 25
and employees provided by or appointed by the commissioner of education 26
pursuant to KRS 156.010. 27
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(2) The commissioner of education may appoint an assistant, pursuant to KRS 156.010, 1
and delegate authority to the assistant regarding the Office of Career and Technical 2
Education. 3
(3) The Department of Education shall have the responsibility for all administr ative 4
functions of the state in relation to the management, control, and operation of: 5
(a) State-operated secondary area vocational education and technology centers. 6
When appropriate, the Department of Education shall provide education 7
training programs t hrough contracts with private business and industries. 8
These programs may be on a shared cost basis or on a total cost recovery 9
basis; and 10
(b) The Carol Martin Gatton Kentucky FFA Leadership Training Center 11
located in Hardinsburg, Kentucky. 12
(4) The commissioner of education shall have the authority to enter into agreements or 13
contracts with other government or education agencies, including local school 14
districts, in order to carry out services under the office's jurisdiction. 15
(5) (a) Secondary area vocational education and technology centers shall be operated 16
in compliance with program standards established by the Kentucky Board of 17
Education. Principals, counselors, and teaching staff shall meet the 18
qualifications and certification standards for all secondar y vocational 19
personnel as established by the Education Professional Standards Board. 20
(b) The Kentucky Board of Education shall be the eligible agency solely 21
designated for the purpose of developing and approving state plans required 22
by state or federal law s and regulations as prerequisites to receiving federal 23
funds for vocational -technical or technology education. The Kentucky Board 24
of Education shall involve representatives from all eligible recipient 25
categories in the development of the required plans. 26
(c) In accordance with 20 U.S.C. sec. 2302(12), the Kentucky Board of Education 27
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is hereby designated to be the "eligible agency" that is the sole state agency 1
responsible for the administration of vocational and technical education and 2
the supervision of the administration of vocational and technical education. 3
(6) (a) Except for the duties that the Kentucky Board of Education must retain 4
pursuant to 20 U.S.C. sec. 2341, the Kentucky Board of Education shall be 5
authorized to delegate all of the other duties and responsibilities of the eligible 6
agency to the Office of Career and Technical Education within the 7
Department of Education, including but not limited to the administration, 8
operation, and supervision of the Perkins program and the authority to 9
receive, hold, and disburse funds awarded under the state plan. 10
(b) The Kentucky Board of Education shall delegate to the Kentucky Workforce 11
Investment Board the state leadership activities referred to in 20 U.S.C. sec. 12
2344 to be conducted in accordance with the required and permissible uses of 13
funds specified in the Carl D. Perkins Career and Technical Education Act of 14
2006 and subsequent amendments thereto. The maximum amount of funds 15
allowed by 20 U.S.C. sec. 2322(a)(2) shall be reserved and made available for 16
state leadership activities. 17
(7) The commissioner of education shall be permitted to enter into memorandums of 18
agreement with individuals on a year -to-year basis to fill positions in hard -to-find 19
teaching specialties. The agreements and compensation for ha rd-to-find teaching 20
specialties shall be approved by the commissioner of education and shall not be 21
subject to the provisions of KRS Chapter 45A. All agreements shall be filed with 22
the secretary of the Finance and Administration Cabinet. 23
(8) The commission er of education shall, from time to time, prepare or cause to be 24
prepared any bulletins, programs, outlines of courses, placards, and courses of study 25
deemed useful in the promotion of the interests of technical and vocational 26
education. 27
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Section 10. The following KRS sections are repealed: 1
156.660 Definitions. 2
156.690 Teachers' computer purchase program. 3
Section 11. The nonvoting student and teacher members selected prior to the 4
effective date of this Act shall remain unaffected and serve the remainder of their terms 5
until June 30, 2027. Thereafter, the nonvoting student and teacher members shall be 6
selected in accordance with Section 3 of this Act. 7