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SB152 • 2026
AN ACT relating to education.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
AN ACT relating to education.
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Senate Committee Substitute 1
Plain English: UNOFFICIAL COPY 26 RS SB 152/SCS 1 Page 1 of 176 SB015240.100 - 1223 - XXXX 2/19/2026 3:13 PM Senate Committee Substitute AN ACT relating to education.
received in House to Committee on Committees (H)
3rd reading, passed 27-11 with Committee Substitute (1)
2nd reading, to Rules posted for passage in the Regular Orders of the Day for Thursday, February 19 2026
reported favorably, 1st reading, to Calendar with Committee Substitute (1)
to Education (S)
introduced in Senate to Committee on Committees (S)
AN ACT relating to education.
UNOFFICIAL COPY 26 RS SB 152/GA Page 1 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA AN ACT relating to education. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 160.345 is amended to read as follows: 3 (1) As used in[For the purpose of] this section: 4 (a) "Minority" means American Indian; Alaskan native; African -American; 5 Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Centra l or 6 South American origin; Pacific islander; or other ethnic group 7 underrepresented in the school; 8 (b) "School" means an elementary or secondary educational institution that is 9 under the administrative control of a principal and is not a program or part o f 10 another school. The term "school" does not include district -operated schools 11 that are: 12 1. Exclusively vocational -technical, special education, or preschool 13 programs; 14 2. Instructional programs operated in institutions or schools outside of the 15 district; or 16 3. Alternative schools designed to provide services to at -risk populations 17 with unique needs; 18 (c) "School-based policy" means any policy, procedure, program, or practice 19 established by the principal of a school after consultation with the school's 20 advisory council; 21 (d) "Teacher" means any person for whom certification is required as a basis of 22 employment in the public schools of the state, with the exception of principals 23 and assistant principals; and 24 (e)[(d)] "Parent": 25 1. Means: 26 a.[1.] A parent, stepparent, or foster parent of a student; or 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 2 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA b.[2.] A person who has legal custody of a student pursuant to a court 1 order and with whom the student resides; and 2 2. Does not mean: 3 a. An employee of the district or their relative; and 4 b. A local school board member or their spouse. 5 (2) Each local board of education shall adopt a policy for implementing school -based 6 policies[decision making] in the district which shall include but no t be limited to a 7 description of how the district's policies, including those developed pursuant to 8 KRS 160.340, have been amended to allow the professional staff members of a 9 school to be involved in the school-based policy making[decision-making] process 10 as they work to meet educational goals established in KRS 158.645 and 158.6451. 11 The policy may include a requirement that each principal[school council] make an 12 annual report at a public meeting of the board describing the school's progress in 13 meeting the educational goals set forth in KRS 158.6451 and district goals 14 established by the board. The policy shall also address and comply with the 15 following: 16 (a) Except as provided in paragraph (b)2. of this subsection, each participating 17 school shall form an advisory[a school] council composed of two (2) parents, 18 three (3) teachers, and the principal or administrator. The membership of the 19 council may be increased, but it may only be increased proportionately [. A 20 parent representative on the council shall not be an employee or a relative of 21 an employee of the school in which that parent serves, nor shall the parent 22 representative be an employee or a relative of an employee in the district 23 administrative offices. A parent representative shall not be a local board 24 member or a board member's spouse] . None of the members shall have a 25 conflict of interest pursuant to KRS Chapter 45A, except the salary paid to 26 district employees; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 3 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (b) 1. The teacher representatives shall be elected for one (1) year terms by a 1 majority of the teachers. A teacher elected to a school advisory council 2 shall not be involuntarily transferred during the teacher representative's 3 term of office. The parent representatives shall be elected for one (1) 4 year terms. The parent members shall be elected by the parents of 5 students preregistered to attend the school during the term of office in an 6 election conducted by the parent and teacher organization of the school 7 or, if none exists, the largest organization of parents formed for this 8 purpose. Notificat ion of an upcoming election for teacher or parent 9 representatives shall be published at least fourteen (14) days in 10 advance on the school's website and the school's electronic 11 notification and communication program. Council elections may allow 12 voting to oc cur over multiple days and via electronic means. The 13 principal[A school council, once elected,] may adopt a school-based 14 policy setting different terms of office for parent and teacher members 15 subsequently elected. The principal shall be the chair of the 16 advisory[school] council. 17 2. Advisory[school] councils in schools having eight percent (8%) or more 18 minority students enrolled, as determined by the enrollment on the 19 preceding October 1, shall have at least one (1) minority member. If the 20 advisory council formed under paragraph (a) of this subsection does not 21 have a minority member, the principal, in a timely manner, shall be 22 responsible for carrying out the following: 23 a. Organizing a special election to elect an additional member. The 24 principal shall call for nominations and shall notify the parents of 25 the students of the date, time, and location of the election in the 26 same manner as in subparagraph 1. of this paragraph to elect a 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 4 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA minority parent to the advisory council by ballot; and 1 b. Allowing the teache rs in the building to select one (1) minority 2 teacher to serve as a teacher member on the advisory council. If 3 there are no minority teachers who are members of the faculty, an 4 additional teacher member shall be elected by a majority of all 5 teachers. Term limitations shall not apply for a minority teacher 6 member who is the only minority on faculty; 7 (c) 1. The principal[ school council] shall have the responsibility to set 8 school-based[school] policy that shall be consistent with local[district] 9 board policy . School -based policies [ and which] shall provide an 10 environment to enhance the students' achievement and help the school 11 meet the goals established by KRS 158.645 and 158.6451 and goals for 12 the district established by the board. The principal shall be the primary 13 administrator and the instructional leader of the school, and with the 14 assistance of the total school staff shall administer the policies 15 established by the principal[school council] and the local board. 16 2. If an advisory [a school] council establishes committees, the 17 principal[it] shall adopt a school-based policy to facilitate the 18 participation of interested persons, including, but not limited to, 19 classified employees and parents. The policy shall include the number of 20 committees, the ir jurisdiction, composition, and the process for 21 membership selection. Notification of established committees shall, at 22 a minimum, be published on the school's website and the school's 23 notification and communication program; 24 (d) The advisory[school] council and each of its committees shall determine the 25 frequency of and agenda for their meetings. Matters relating to formation of 26 advisory[school] councils that are not provided for by this section shall be 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 5 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA addressed by local board policy; 1 (e) The meetings of the advisory[school] council shall be open to the public and 2 all interested persons may attend. However, the exceptions to open meetings 3 provided in KRS 61.810 shall apply; 4 (f) After receiving notification of the funds available for the school from the local 5 board, the advisory[school] council shall recommend to the 6 principal[determine], within the parameters of the total available funds, the 7 number of persons to be employed in each job classification at the school. The 8 advisory council may advise the prin cipal regarding [make] personnel 9 decisions on vacancies occurring after the advisory[school] council is formed 10 and[but] shall not have the authority to recommend transfers or dismissals; 11 (g) The local superintendent shall determine which curriculum, textboo ks, 12 instructional materials, and student support services shall be provided in the 13 school after consulting with the local board of education, the school principal, 14 and the advisory[school] council and after a reasonable review and response 15 period for stake holders in accordance with local board of education policy. 16 Subject to available resources, the local board shall allocate an appropriation 17 to each school that is adequate to meet the school's needs related to 18 instructional materials and school -based stude nt support services, as 19 determined by the school principal after consultation with the 20 advisory[school] council. The advisory[school] council shall consult with the 21 school media librarian to provide recommendations to the principal on the 22 maintenance of th e school library media center, including the purchase of 23 instructional materials, information technology, and equipment; 24 (h) Personnel decisions at the school level shall be as follows: 25 1. From a list of qualified applicants submitted by the local superintendent, 26 the principal at the participating school shall select personnel to fill 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 6 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA vacancies, after consultation with the advisory[school] council, 1 consistent with paragraph (i)11. of this su bsection. The superintendent 2 shall provide additional applicants to the principal upon request when 3 qualified applicants are available. The superintendent may forward to 4 the school principal the names of qualified applicants who have pending 5 certification from the Education Professional Standards Board based on 6 recent completion of preparation requirements, out -of-state preparation, 7 or alternative routes to certification pursuant to KRS 161.028 and 8 161.048. Requests for transfer shall conform to any employe r-employee 9 bargained contract which is in effect; 10 2. If the vacancy to be filled is the position of principal: 11 a. The superintendent shall fill the vacancy after consultation with 12 the advisory[school] council consistent with paragraph (i)11. of 13 this subsection; 14 b. Prior to consultation with the advisory[school] council, each 15 member shall sign a nondisclosure agreement forbidding the 16 disclosure of information shared and discussions held during 17 consultation; 18 c. A person who believes a violation of the nondisc losure agreement 19 referred to in subdivision b. of this subparagraph has occurred may 20 file a written complaint with the Kentucky Board of Education; 21 and 22 d. An advisory[A school] council member found to have violated the 23 nondisclosure agreement referred to i n subdivision b. of this 24 subparagraph may be subject to removal from the advisory[school] 25 council by the Kentucky Board of Education under subsection 26 (8)[(9)](e) of this section; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 7 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 3. Notwithstanding subparagraph 2. of this paragraph, if the vacancy to be 1 filled is the position of principal in a county school district in a county 2 with a consolidated local government adopted under KRS Chapter 67C, 3 then: 4 a. The outgoing principal shall not serve on the advisory council 5 during the principal selection process. Th e superintendent or the 6 superintendent's designee shall serve as the chair of the advisory 7 council for the purpose of the hiring process and shall not have 8 voting rights on the advisory council during the nonbinding 9 nomination[selection] process; 10 b. The advisory council shall have access to the applications of all 11 persons certified for the position. The advisory council[principal] 12 shall provide to the superintendent a nonbinding nomination for 13 a candidate for the position of principal [be elected on a majori ty 14 vote of the membership of the council] . The advisory[school] 15 council shall receive training in recruitment and interviewing 16 techniques prior to carrying out the process of 17 nominating[selecting] a principal candidate. The 18 superintendent[council] shall select the trainer to deliver the 19 training; and 20 c. [Notwithstanding the requirement that a principal be elected by a 21 majority vote of the council, ] The selection of a principal shall be 22 made[ subject to approval] by the superintendent after receiving a 23 nonbinding nomination from the advisory council . If the 24 superintendent does not approve of the principal 25 nominated[selected] by the advisory council, then the 26 superintendent shall[may] select a different[the] principal; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 8 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 4. No principal who has been previously removed from a position in the 1 district for cause may be conside red for appointment as principal in that 2 district; 3 5. Personnel decisions made at the school level under the authority of 4 subparagraph 1. of this paragraph shall be binding on the superintendent 5 who completes the hiring process; 6 6. Applicants subsequently employed shall provide evidence that they are 7 certified prior to assuming the duties of a position in accordance with 8 KRS 161.020; and 9 7. Notwithstanding other provisions of this paragraph, if the applicant is 10 the spouse of the superintendent and the appli cant meets the service 11 requirements of KRS 160.380(3)(a), the applicant shall only be 12 employed upon the decision[recommendation] of the principal [ and the 13 approval of a majority vote of the school council]; 14 (i) The principal, in consultation with the advisory[school] council shall adopt a 15 school-based policy that shall be consistent with local board policy and shall 16 be implemented[ by the principal] in the following additional areas: 17 1. Curriculum responsibilities under KRS 158.6453(19); 18 2. Assignment of all instructional and noninstructional staff time; 19 3. Assignment of students to classes and programs within the school; 20 4. Determination of the schedule of the school day and week, subject to the 21 beginning and ending times of the school day and school calend ar year 22 as established by the local board; 23 5. Determination of use of school space during the school day related to 24 improving classroom teaching and learning; 25 6. Planning and resolution of issues regarding instructional practices; 26 7. Selection and implemen tation of discipline and classroom management 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 9 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA techniques as a part of a comprehensive school safety plan, including 1 responsibilities of the student, parent, teacher, counselor, and principal; 2 8. Selection of extracurricular programs and determination of po licies 3 relating to student participation based on academic qualifications and 4 attendance requirements, program evaluation, and supervision; 5 9. Adoption of an emergency plan as required in KRS 158.162; 6 10. Procedures, consistent with local school board poli cy, for determining 7 alignment with state standards, technology utilization, and program 8 appraisal; and 9 11. Procedures to assist the advisory council with making a nonbinding 10 nomination to the superintendent for [consultation in] the selection of 11 the principal by the superintendent, and the selection of personnel by the 12 principal, including but not limited to meetings, timelines, interviews, 13 review of written applications, and review of references. Procedures 14 shall address situations in which members of the advisory council are 15 not available for consultation; and 16 (j) Each principal, in consultation with the advisory [school] council, shall 17 annually review data as shown on state and local student assessments required 18 under KRS 158.6453. The data shall include bu t not be limited to information 19 on performance levels of all students tested, and information on the 20 performance of students disaggregated by race, gender, disability, and 21 participation in the federal free and reduced price lunch program. After 22 completing the review of data, each principal[school council] , with the 23 involvement of the advisory council and other interested parents, faculty, and 24 staff, shall develop and adopt a plan to ensure that each student makes 25 progress toward meeting the goals set forth in KRS 158.645 and 26 158.6451(1)(b) by April 1 of each year and submit the plan to the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 10 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA superintendent and local board of education for review as described in KRS 1 160.340. The Kentucky Department of Education shall provide each 2 principal[ school council] the data needed to complete the review required by 3 this paragraph no later than October 1 of each year. [ If a school does not have 4 a council, the review shall be completed by the principal with the involvement 5 of parents, faculty, and staff.] 6 (3) The policies adopted by the local board to implement school -based 7 policies[decision making] shall also address the following: 8 (a) School budget and administration, including: discretionary funds; activity and 9 other school funds; funds for maintenance, supp lies, and equipment; and 10 procedures for authorizing reimbursement for training and other expenses; 11 (b) Assessment of individual student progress, including testing and reporting of 12 student progress to students, parents, the school district, the community, and 13 the state; 14 (c) School improvement plans, including the form and function of strategic 15 planning and its relationship to district planning, as well as the school safety 16 plan and requests for funding from the Center for School Safety under KRS 17 158.446; 18 (d) Professional development plans developed pursuant to KRS 156.095; 19 (e) Parent, citizen, and community participation including the relationship of the 20 advisory council with other groups; 21 (f) Cooperation and collaboration within the district, with other districts, and with 22 other public and private agencies; 23 (g) Requirements for waiver of district policies; 24 (h) Requirements for record keeping by the advisory[school] council and 25 principal; and 26 (i) A process for appealing a decision made by a principal[school council]. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 11 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (4) In addition to the authority granted to the principal[school council] in this section, 1 the local board may grant to the principal[school council] any other authority 2 permitted by law. The board shall make available liability insurance coverage for 3 the protection of all members of the advisory[school] council from liability arising 4 in the course of pursuing their duties as members of the advisory council. 5 (5) All schools shall implement school -based policy[decision making] in accordance 6 with this section and with the policy adopted by the local board pursuant to this 7 section. Upon favorable vote of a majority of the faculty at the school and a 8 majority of at least twenty -five (25) voting parents of students enrolled in the 9 school, a school meeting its goal as determined by the Department of Education 10 pursuant to KRS 158.6455 may apply to the Kentucky Board of Education for 11 exemption from the requirement to implement an advisory council [school-based 12 decision making], and the state board shall grant the exemption. The voting by the 13 parents on the matter of exemption from implementing an advisory council[school-14 based decision making] shall be in an election conducted by the parent and teacher 15 organization of the school or, if no ne exists, the largest organization of parents 16 formed for this purpose. Notification of the election shall be published at least 17 fourteen (14) days in advance on the school's website and the school's 18 notification and communication program. Notwithstanding the provisions of this 19 section, a local school district shall not be required to implement an advisory 20 council[school-based decision making] if the local school district contains only one 21 (1) school. 22 (6) The Department of Education shall provide profession al development activities to 23 assist schools in implementing an advisory council[school-based decision making]. 24 Advisory[school] council members elected for the first time shall complete a 25 minimum of six (6) clock hours of training in the process of school -based 26 policy[decision] making, no later than thirty (30) days after the beginning of the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 12 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA service year for which they are elected to serve. Advisory[school] council members 1 who have served on an advisory [a school] council at least one (1) year shall 2 complete a minimum of three (3) clock hours of training in the process of school -3 based policy[decision] making no later than one hundred twenty (120) days after the 4 beginning of the service year for which they are elected to serve. Experienced 5 members may partici pate in the training for new members to fulfill their training 6 requirement. Advisory[school] council training required under this subsection shall 7 be conducted by trainers endorsed by the Department of Education. By November 1 8 of each year, the principal t hrough the local superintendent shall forward to the 9 Department of Education the names and addresses of each advisory council 10 member and verify that the required training has been completed. Advisory[school] 11 council members elected to fill a vacancy shall complete the applicable training 12 within thirty (30) days of their election. 13 (7) [A school that chooses to have school -based decision making but would like to be 14 exempt from the administrative structure set forth by this section may develop a 15 model for implementing school-based decision making, including but not limited to 16 a description of the membership, organization, duties, and responsibilities of a 17 school council. The school shall submit the model through the local board of 18 education to the commissioner of education and the Kentucky Board of Education, 19 which shall have final authority for approval. The application for approval of the 20 model shall show evidence that it has been developed by representatives of the 21 parents, students, certified personnel, and the administrators of the school and that 22 two-thirds (2/3) of the faculty have agreed to the model. 23 (8) ]The Kentucky Board of Education, upon recommendation of the commissioner of 24 education, shall adopt by administrative regulation a formula by which scho ol 25 district funds shall be allocated to each principal[school council]. Included in the [ 26 school council] formula shall be an allocation for professional development that is 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 13 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA at least sixty -five percent (65%) of the district's per pupil state allocation for 1 professional development for each student in average daily attendance in the school. 2 The principal[school council] shall plan professional development in compliance 3 with requirements specified in KRS 156.095, except as provided in KRS 158.649. 4 Principals[School councils] of small schools shall be encouraged to work with 5 other principals[school councils] to maximize professional development 6 opportunities. 7 (8)[(9)] (a) No board member, superintendent of schools, district employee, or 8 member of an advisory [a s chool] council shall intentionally engage in a 9 pattern of practice which is detrimental to the successful implementation of or 10 circumvents the intent of school -based policies[decision making] to allow the 11 professional staff members of a school and parents to be involved in the 12 school-based policy[decision making] process in working toward meeting the 13 educational goals established in KRS 158.645 and 158.6451 or to 14 advise[make decisions] in areas of policy assigned to a principal[school 15 council] pursuant to[ paragraph (i) of] subsection (2)(i) of this section. 16 (b) An affected party who believes a violation of this subsection has occurred 17 may file a written complaint with the Office of Education Accountability. The 18 office shall investigate the complaint and res olve the conflict, if possible, or 19 forward the matter to the Kentucky Board of Education. 20 (c) The Kentucky Board of Education shall conduct a hearing in accordance with 21 KRS Chapter 13B for complaints referred by the Office of Education 22 Accountability. 23 (d) If the state board determines a violation has occurred, the party shall be 24 subject to reprimand. A second violation of this subsection may be grounds 25 for removing a superintendent or a member of an advisory[a school] council 26 from office or grounds for dism issal of an employee for misconduct in office 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 14 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA or willful neglect of duty. 1 (e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the 2 state board determines a violation of the nondisclosure agreement required by 3 subsection (2)(h)2.b. of this section by an advisory[a school] council member 4 has occurred, the state board shall remove the member from the 5 advisory[school] council, and the member shall be permanently prohibited 6 from serving on any advisory[school] council in the district. 7 (9)[(10)] Notwithstanding subsections (1) to (8)[(9)] of this section, a school's right to 8 establish or maintain an advisory[a school-based decision making] council[ and the 9 powers, duties, and authority granted to a school council] may be rescinded[ or the 10 school council's role may be advisory] if the commissioner of education or the 11 Kentucky Board of Education takes action under KRS 160.346. 12 (10)[(11)] Each principal[school council] of a school containing grades K -5 or any 13 combination thereof[, or if there i s no school council, the principal,] shall develop 14 and implement a wellness policy that includes moderate to vigorous physical 15 activity each day and encourages healthy choices among students. The policy may 16 permit physical activity to be considered part of the instructional day, not to exceed 17 thirty (30) minutes per day, or one hundred and fifty (150) minutes per week. [ Each 18 school council, or if there is no school council,] The principal [,] shall adopt an 19 assessment tool to determine each child's level of physical activity on an annual 20 basis. The[ council or] principal may utilize an existing assessment program. The 21 Kentucky Department of Education shall make available a list of available 22 resources to carry out the provisions of this subsection. The departm ent shall report 23 to the Legislative Research Commission no later than November 1 of each year on 24 how the schools are providing physical activity under this subsection and on the 25 types of physical activity being provided. The policy developed by the [ school 26 council or] principal shall comply with provisions required by federal law, state 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 15 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA law, or local board policy. 1 Section 2. KRS 160.380 is amended to read as follows: 2 (1) As used in this section: 3 (a) "Administrative findin g of child abuse or neglect" means a substantiated 4 finding of child abuse or neglect issued by the Cabinet for Health and Family 5 Services that is: 6 1. Not appealed through an administrative hearing conducted in 7 accordance with KRS Chapter 13B; 8 2. Upheld at an administrative hearing conducted in accordance with KRS 9 Chapter 13B and not appealed to a Circuit Court; or 10 3. Upheld by a Circuit Court in an appeal of the results of an 11 administrative hearing conducted in accordance with KRS Chapter 13B; 12 (b) "Alternative education program" means a program that exists to meet the 13 needs of students that cannot be addressed in a traditional classroom setting 14 but through the assignment of students to alternative classrooms, centers, or 15 campuses that are designed to remediate academic performance, improve 16 behavior, or provide an enhanced learning experience. Alternative education 17 programs do not include career or technical centers or departments; 18 (c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 19 Services indicating that there are no administrative findings of child abuse or 20 neglect relating to a specific individual; 21 (d) "Relative" means father, mother, brother, sister, husband, wife, son and 22 daughter; and 23 (e) "Vacancy" means any certified position opening created by the resignation, 24 dismissal, nonrenewal of contract, transfer, or death of a certified staff 25 member of a local school district, or a new position created in a local school 26 district for which certification is required. However, if an employer-employee 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 16 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA bargained contract contains procedures for filling certified position openings 1 created by the resignation, dismissal, nonrenewal of contract, transfer, or 2 death of a certified staff member, or creation of a new position for which 3 certification is required, a vacancy shall not exist, unless certified positions 4 remain open after compliance with those procedures. 5 (2) Except as provided in KRS 160.346, the school district personnel actions identified 6 in this section shall be carried out as follows: 7 (a) All appointments, promotions, and transfers of principals, supervisors, 8 teachers, and other public school employees shall be made only by the 9 superintendent of schools, who shall notify the board of the action taken. All 10 employees of the loca l district shall have the qualifications prescribed by law 11 and by the administrative regulations of the Kentucky Board of Education and 12 of the employing board. Supervisors, principals, teachers, and other 13 employees may be appointed by the superintendent fo r any school year at any 14 time after February 1 preceding the beginning of the school year. No 15 superintendent of schools shall appoint or transfer himself or herself to 16 another position within the school district; 17 (b) When a vacancy occurs in a local school district, the superintendent shall 18 submit the job posting to the statewide job posting system described in KRS 19 160.152 fifteen (15) days before the position shall be filled. The local school 20 district shall post position openings in the local board office for public 21 viewing; 22 (c) When a vacancy needs to be filled in less than fifteen (15) days' time to 23 prevent disruption of necessary instructional or support services of the school 24 district, the superintendent may seek a waiver from the chief state school 25 officer outside of the process established in KRS 156.161. If the waiver is 26 approved, the appointment shall not be made until the person recommended 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 17 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA for the position has been approved by the chief state school officer. The chief 1 state school officer shall res pond to a district's request for waiver or for 2 approval of an appointment within two (2) working days; and 3 (d) When a vacancy occurs in a local district, the superintendent shall conduct a 4 search to locate minority teachers to be considered for the positio n. The 5 superintendent shall, pursuant to administrative regulations of the Kentucky 6 Board of Education, report annually the district's recruitment process and the 7 activities used to increase the percentage of minority teachers in the district. 8 (3) Restrictions on employment of relatives shall be as follows: 9 (a) No relative of a superintendent of schools shall be an employee of the school 10 district. However, this shall not apply to a relative who is a classified or 11 certified employee of the school district fo r at least thirty -six (36) months 12 prior to the superintendent assuming office and who is qualified for the 13 position the employee holds. A superintendent's spouse who has previously 14 been employed in a school system may be an employee of the school district. 15 A superintendent's spouse who is employed under this provision shall not hold 16 a position in which the spouse supervises certified or classified employees. A 17 superintendent's spouse may supervise teacher aides and student teachers. 18 However, the superintend ent shall not promote a relative who continues 19 employment under an exception of this subsection; 20 (b) No superintendent shall employ a relative of a school board member of the 21 district; 22 (c) No principal's relative shall be employed in the principal's school; and 23 (d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 24 this subsection may be employed as a substitute for a certified or classified 25 employee if the relative is not: 26 1. A regular full-time or part-time employee of the district; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 18 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 2. Accruing continuing contract status or any other right to continuous 1 employment; 2 3. Receiving fringe benefits other than those provided other substitutes; or 3 4. Receiving preference in employment or assignment over other 4 substitutes. 5 (4) No superintendent shall assign a certified or classified staff person to an alternative 6 education program as part of any disciplinary action taken pursuant to KRS 161.011 7 or 161.790 as part of a corrective action plan established pursuant to the local 8 district evaluation plan. 9 (5) No superintendent shall employ in any position in the district any person who: 10 (a) Has been convicted of an offense that would classify a person as a violent 11 offender under KRS 439.3401; 12 (b) Has been convicted of a sex crime as defined b y KRS 17.500 or a 13 misdemeanor offense under KRS Chapter 510; 14 (c) Is required to register as a sex offender under KRS 17.500 to 17.580; or 15 (d) Has an administrative finding of child abuse or neglect in records maintained 16 by the Cabinet for Health and Family Services. 17 (6) Requirements for background checks shall be as follows: 18 (a) A superintendent shall require the following individuals to submit to a 19 national and state criminal background check by the Department of Kentucky 20 State Police and the Federal Bureau of Investigation and have a clear CA/N 21 check, provided by the individual: 22 1. Each new certified or classified hire; 23 2. A nonfaculty coach or nonfaculty assistant as defined under KRS 24 161.185; 25 3. A student teacher; 26 4. An advisory [A school-based decision making] council parent member; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 19 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA and 1 5. Any adult who is permitted access to s chool grounds on a regularly 2 scheduled and continuing basis pursuant to a written agreement for the 3 purpose of providing services directly to a student or students as part of 4 a school-sponsored program or activity; 5 (b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 6 a. Classified and certified individuals employed by the school district 7 prior to June 27, 2019; 8 b. Certified individuals who were employed in another certified 9 position in a Kentucky school district within six (6) mon ths of the 10 date of hire and who had previously submitted to a national and 11 state criminal background check and who have a clear CA/N check 12 for the previous employment; or 13 c. Student teachers who have submitted to and provide a copy of a 14 national and state criminal background check by the Department 15 of Kentucky State Police and the Federal Bureau of Investigation 16 through an accredited teacher education institution in which the 17 student teacher is enrolled and who have a clear CA/N check. 18 2. The Education Prof essional Standards Board may promulgate 19 administrative regulations to impose additional qualifications to meet 20 the requirements of Pub. L. No. 92-544; 21 (c) A parent member may serve prior to the receipt of the criminal history 22 background check and clear CA/N check[letter] required by paragraph (a) of 23 this subsection but shall be removed from the advisory council on receipt by 24 the school district of a report documenting a record of abuse or neglect, or a 25 sex crime or criminal offense against a victim who is a minor as defined in 26 KRS 17.500, or as a violent offender as defined in KRS 17.165, and no further 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 20 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA procedures shall be required; 1 (d) A superintendent may require a volunteer or a visitor to submit to a national 2 and state criminal history background check b y the Department of Kentucky 3 State Police and the Federal Bureau of Investigation and have a clear CA/N 4 check, provided by the individual; and 5 (e) The superintendent of a school district operating under an alternative 6 transportation plan approved by the Ke ntucky Department of Education in 7 accordance with KRS 156.153(3) shall require the driver of any non -school 8 bus passenger vehicle authorized to transport students to and from school 9 pursuant to the alternative transportation plan who does not have a valid 10 commercial driver's license issued in accordance with KRS Chapter 281A 11 with an "S" endorsement to: 12 1. Submit to a national and state criminal background check by the 13 Department of Kentucky State Police and the Federal Bureau of 14 Investigation at least once every three (3) years and a criminal records 15 check conducted in accordance with KRS 27A.090 in all other years; 16 2. Submit to drug testing consistent with the requirements of 49 C.F.R. pt. 17 40; 18 3. Provide a biannual driving history record check performed by the 19 Transportation Cabinet; 20 4. Provide an annual clear CA/N check; 21 5. Immediately notify the superintendent of any conviction for a violation 22 under KRS Chapter 189 for which penalty points are assessed; and 23 6. Immediately notify the superintendent of any c itation or arrest for a 24 violation of any provision of KRS Chapter 189A. The superintendent 25 shall inform the Kentucky Department of Education of the notification. 26 (7) (a) If a certified or classified position remains unfilled after July 31 or if a 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 21 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA vacancy o ccurs during a school term, a superintendent may employ an 1 individual, who will have supervisory or disciplinary authority over minors, 2 on probationary status pending receipt of the criminal history background 3 check and a clear CA/N check, provided by the individual. Application for the 4 criminal record and a request for a clear CA/N check of a probationary 5 employee shall be made no later than the date probationary employment 6 begins. 7 (b) Employment shall be contingent on the receipt of the criminal history 8 background check documenting that the probationary employee has no record 9 of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 10 of a letter, provided by the individual, from the Cabinet for Health and Family 11 Services stating the empl oyee is clear to hire based on no administrative 12 findings of child abuse or neglect found through a background check of child 13 abuse and neglect records maintained by the Cabinet for Health and Family 14 Services. 15 (c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 16 probationary employment under this section shall terminate on receipt by the 17 school district of a criminal history background check documenting a record 18 of a sex crime or as a violent offender as defined in KRS 17.165 and no 19 further procedures shall be required. 20 (8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 21 employee on the basis of a criminal record other than a record of a sex crime or as a 22 violent offender as defined in KRS 17.165, or on the basis of a CA/N check 23 showing an administrative finding of child abuse or neglect. 24 (9) (a) All fingerprints requested under this section shall be on an applicant 25 fingerprint card provided by the Department of Kentucky State Police. The 26 fingerprint cards shall be forwarded to the Federal Bureau of Investigation 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 22 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA from the Department of Kentucky Sta te Police after a state criminal 1 background check is conducted. The results of the state and federal criminal 2 background check shall be sent to the hiring superintendent. Any fee charged 3 by the Department of Kentucky State Police, the Federal Bureau of 4 Investigation, and the Cabinet for Health and Family Services shall be an 5 amount no greater than the actual cost of processing the request and 6 conducting the search. 7 (b) Each application form, provided by the employer to an applicant for a 8 certified or classi fied position, shall conspicuously state the following: "FOR 9 THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 10 AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 11 LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 12 FOR HEALTH AND FAMILY SERVICES STATIN G THE APPLICANT 13 HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 14 NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 15 ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 16 FOR HEALTH AND FAMILY SERVICES." 17 (c) Each application form for a district position shall require the applicant to: 18 1. Identify the states in which he or she has maintained residency, 19 including the dates of residency; and 20 2. Provide picture identification. 21 (10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 22 when an employee of the school district is charged with any offense which is 23 classified as a felony, the superintendent may transfer the employee to a second 24 position until such time as the employee is found not guilty, the charges are 25 dismissed, the employee is terminated, or the superintendent determines that further 26 personnel action is not required. The employee shall continue to be paid at the same 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 23 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA rate of pay he or she received prior to the transfer. If an employee is charged with 1 an offense outside of the Commonwealth, this provision may also be applied if the 2 charge would have been treated as a felony if committed within the 3 Commonwealth. Transfers shall be made to prevent disruption of the educational 4 process and district operations and in the interest o f students and staff and shall not 5 be construed as evidence of misconduct. 6 (11) Notwithstanding any law to the contrary, each certified and classified employee of 7 the school district shall notify the superintendent if he or she has been found by the 8 Cabinet for Health and Family Services to have abused or neglected a child, and if 9 he or she has waived the right to appeal a substantiated finding of child abuse or 10 neglect or if the substantiated incident was upheld upon appeal. Any failure to 11 report this find ing shall result in the certified or classified employee being subject 12 to dismissal or termination. 13 (12) The form for requesting a CA/N check shall be made available on the Cabinet for 14 Health and Family Services website. 15 Section 3. KRS 7.410 is amended to read as follows: 16 (1) It is the intent of the General Assembly to provide an efficient system of common 17 schools which shall be operated without waste, duplication, mismanagement, and 18 political influence. The system of sch ools shall have the goal of providing all 19 students with at least the seven (7) capacities referred to in KRS 158.645. 20 (2) (a) An Office of Education Accountability is hereby created and shall be under 21 the direction of the Legislative Research Commission an d shall be advised 22 and monitored by the Education Assessment and Accountability Review 23 Subcommittee. 24 (b) The Office of Education Accountability shall be administered by a deputy 25 director appointed by the Legislative Research Commission upon 26 recommendation of the director of the Legislative Research Commission. The 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 24 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA deputy director shall have the qualifications set by the Commission. The 1 salary of the deputy director shall be set by the Commission. The Commission 2 shall have exclusive jurisdiction over the emp loyment of personnel necessary 3 to carry out the provisions of this section. The deputy director shall be subject 4 to the direction of and report to the director of the Legislative Research 5 Commission. 6 (c) The Office of Education Accountability shall have th e following duties and 7 responsibilities: 8 1. Monitor the elementary and secondary public education system, 9 including actions taken and reports issued by the Kentucky Board of 10 Education, the Education Professional Standards Board, the 11 commissioner of educati on, the Department of Education, and local 12 school districts. Upon and under the direction of the Education 13 Assessment and Accountability Review Subcommittee, the monitoring 14 of the elementary and secondary public education system shall also 15 include periodic reviews of local district and school -based[ decision 16 making] policies relating to the recruitment, interviewing, selection, 17 evaluation, termination, or promotion of personnel. The office shall 18 report any district or school when evidence demonstrates a pat tern of 19 exclusionary personnel practices relating to race or sex to the Kentucky 20 Department of Education, which shall then independently investigate 21 facts raised in or associated with the report. The results of the 22 investigation conducted by the department shall be forwarded to the 23 Kentucky Board of Education which shall conduct an investigative 24 hearing on the matter. 25 2. Upon and under the direction of the Education Assessment and 26 Accountability Review Subcommittee, review the elementary and 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 25 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA secondary public education finance system. The review shall include an 1 analysis of the level of equity achieved by the funding system and 2 whether adequate funds are available to all school districts and an 3 analysis of the weights of various education program components 4 developed by the Department of Education. The review may also 5 include recommendations for the base per pupil funding for the Support 6 Education Excellence in Kentucky Program and a statewide salary 7 schedule, and studies of other finance issues identified by the Education 8 Assessment and Accountability Review Subcommittee. 9 3. Upon and under the direction of the Education Assessment and 10 Accountability Review Subcommittee, verify the accuracy of reports of 11 school, district, and state performance by conducting, re questing, or 12 upon approval of the Legislative Research Commission, contracting for 13 periodic program and fiscal audits. Upon and under the direction of the 14 Education Assessment and Accountability Review Subcommittee, the 15 Office of Education Accountability s hall monitor and verify the 16 accuracy of reports of the Department of Education and the Kentucky 17 Board of Education, including but not limited to the annual fiscal 18 conditions of grants, categorical programs, and other educational 19 initiatives set forth by the General Assembly. 20 4. Investigate allegations of wrongdoing of any person or agency, 21 including but not limited to waste, duplication, mismanagement, 22 political influence, and illegal activity at the state, regional, or school 23 district level; make appropria te referrals to other agencies with 24 jurisdiction over those allegations; and make recommendations for 25 legislative action to the Education Assessment and Accountability 26 Review Subcommittee. Upon acceptance by the subcommittee, 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 26 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA recommendations for legislativ e action shall be forwarded to the 1 Legislative Research Commission. The Office of Education 2 Accountability shall submit to the subcommittee, for each of its regular 3 meetings, a report that summarizes investigative activity initiated 4 pursuant to this subpar agraph. The subcommittee may consider each 5 report as it determines and in its discretion. Each report, and the 6 consideration thereof by the subcommittee, shall be exempt from the 7 open records and open meetings requirements contained in KRS Chapter 8 61. 9 5. Upon and under the direction of the Education Assessment and 10 Accountability Review Subcommittee, conduct studies, analyze, verify, 11 and validate the state assessment program through other external 12 indicators of academic progress including but not limited to American 13 College Test scores, Scholastic Assessment Test scores, National 14 Assessment of Educational Progress scores, Preliminary Scholastic 15 Assessment Test scores, Advanced Placement Program participation, 16 standardized test scores, college remediation rate s, retention and 17 attendance rates, dropout rates, and additional available data on the 18 efficiency of the system of schools and whether progress is being made 19 toward attaining the goal of providing students with the seven (7) 20 capacities as required by KRS 158.645. 21 6. Make periodic reports to the Education Assessment and Accountability 22 Review Subcommittee as directed by the subcommittee. Upon 23 acceptance by the subcommittee, the reports shall be forwarded to the 24 Legislative Research Commission. 25 7. Make periodic reports to the Legislative Research Commission as may 26 be directed by the Commission. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 27 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 8. Prepare an annual report, which shall consist of a summary of the status 1 and results of the current year annual research agenda provided in 2 paragraph (d) of this subs ection, a summary of completed investigative 3 activity conducted pursuant to subparagraph 4. of this paragraph, and 4 other items of significance as determined by the Education Assessment 5 and Accountability Review Subcommittee. The annual report shall be 6 submitted to the Education Assessment and Accountability Review 7 Subcommittee. Upon acceptance by the subcommittee, the annual report 8 shall be submitted to the Governor, the Legislative Research 9 Commission, and the Kentucky Board of Education. 10 (d) On or before December 1 of each calendar year, the Education Assessment 11 and Accountability Review Subcommittee shall adopt the annual research 12 agenda for the Office of Education Accountability. The annual research 13 agenda may include studies, research, and investigation s considered to be 14 significant by the Education Assessment and Accountability Review 15 Subcommittee. Staff of the Office of Education Accountability shall prepare a 16 suggested list of study and research topics related to elementary and 17 secondary public educat ion for consideration by the Education Assessment 18 and Accountability Review Subcommittee in the development of the annual 19 research agenda. An adopted annual research agenda shall be amended to 20 include any studies mandated by the next succeeding General Ass embly for 21 completion by the Office of Education Accountability. 22 (e) The Office of Education Accountability shall have access to all public records 23 and information on oath as provided in KRS 7.110. The office shall also have 24 access to otherwise confidential records, meetings, and hearings regarding 25 local school district personnel matters. However, the office shall not disclose 26 any information contained in or derived from the records, meetings, and 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 28 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA hearings that would enable the discovery of the specific iden tification of any 1 individual who is the focus or subject of the personnel matter. 2 (f) In compliance with KRS 48.800, 48.950, and 48.955, the Finance and 3 Administration Cabinet and the Governor's Office for Policy and Management 4 shall provide to the Office of Education Accountability access to all 5 information and records, other than preliminary work papers, relating to 6 allotment of funds, whether by usual allotment or by other means, to the 7 Department of Education, local school districts, and to other recipi ents of 8 funds for educational purposes. 9 (g) Any state agency receiving a complaint or information which, if accurate, 10 may identify a violation of the Kentucky Education Reform Act of 1990, 1990 11 Ky. Acts ch. 476, shall notify the office of the complaint or information. 12 (h) The Office of Education Accountability may contract for services as approved 13 by the Legislative Research Commission pursuant to KRS 7.090(8). 14 (3) The provisions of KRS 61.878 or any other statute, including Acts of the 1992 15 Regular Session of the General Assembly to the contrary notwithstanding, the 16 testimony of investigators, work products, and records of the Office of Education 17 Accountability rela ting to duties and responsibilities under subsection (2) of this 18 section shall be privileged and confidential during the course of an ongoing 19 investigation or until authorized, released, or otherwise made public by the Office 20 of Education Accountability an d shall not be subject to discovery, disclosure, or 21 production upon the order or subpoena of a court or other agency with subpoena 22 power. 23 Section 4. KRS 156.072 is amended to read as follows: 24 (1) At the request of a loca l board of education or a school principal[council], a local 25 school district superintendent shall submit a request to the Kentucky Board of 26 Education for a waiver from a reporting requirement established by a Kentucky 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 29 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA Revised Statute that requires the paperwork to be submitted to the Kentucky Board 1 of Education or the Department of Education. 2 (2) Upon a finding of good cause for the waiver, the Kentucky Board of Education may 3 grant the waiver. 4 (3) The Kentucky Board of Education shall not waive statutory paperwork or reporting 5 requirements necessary under f ederal law or relating to health, safety, or civil 6 rights. 7 Section 5. KRS 156.095 is amended to read as follows: 8 (1) (a) The Kentucky Department of Education shall establish, direct, and maintain a 9 statewide program of p rofessional development to improve instruction in the 10 public schools. 11 (b) By August 1, 2025, the department shall create a four (4) year recurring 12 professional development training schedule that includes all professional 13 development for certified personnel required by subsection (2) of this section 14 and federal law. 15 (c) Each local school district shall implement the professional development 16 training schedule created by the department. 17 (2) All certified school district employees and public charter school em ployees shall 18 complete at least one (1) hour of each of the following trainings within twelve (12) 19 months of initial hire and at least once every four (4) years thereafter: 20 (a) How to respond to an active shooter situation training prepared by the 21 Department of Criminal Justice Training in collaboration with the department, 22 the Kentucky Law Enforcement Council, and the Center for School Safety; 23 (b) Child abuse and neglect prevention, recognition, and reporting training from 24 the list of trainings approved by the department in accordance with subsection 25 (7) of this section; 26 (c) 1. High-quality, evidence-based suicide prevention training, including risk 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 30 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA factors, warning signs, protective factors, response procedures, referral, 1 postvention, and the recognition o f signs and symptoms of possible 2 mental illness. 3 2. As used in this paragraph, "postvention" means a series of planned 4 supports and interventions with persons affected by a suicide for the 5 purpose of facilitating the grieving or adjustment process, stabil izing the 6 environment, reducing the risk of negative behaviors, and limiting the 7 risk of further suicides through contagion; and 8 (d) Self-study review of seizure disorder materials. 9 (3) (a) Each local school district superintendent shall appoint a certifie d school 10 employee to fulfill the role and responsibilities of a professional development 11 coordinator who shall disseminate professional development information to 12 schools and personnel. Upon request by a school principal[council] or any 13 employees of the district, the coordinator shall provide technical assistance to 14 the principal[council] or the personnel that may include assisting with needs 15 assessments, analyzing school data, planning and evaluation assistance, 16 organizing districtwide programs requested b y school principals[councils] or 17 groups of teachers, or other coordination activities. 18 (b) The manner of appointment, qualifications, and other duties of the 19 professional development coordinator shall be established by the local board 20 of education. 21 (c) The local district professional development coordinator may participate in the 22 Kentucky Department of Education annual training program for local school 23 district professional development coordinators. The training program may 24 include but not be limited to the demonstration of various approaches to needs 25 assessment and planning; strategies for implementing long-term, school-based 26 professional development; strategies for strengthening teachers' roles in the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 31 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA planning, development, and evaluation of professional d evelopment; and 1 demonstrations of model professional development programs. The training 2 shall include information about teacher learning opportunities relating to the 3 core content standards. The department shall regularly collect and distribute 4 this information. 5 (4) The department shall provide or facilitate optional, professional development 6 programs for certified personnel throughout the Commonwealth that are based on 7 the statewide needs of teachers, administrators, and other education personnel. 8 Programs may include classified staff and parents when appropriate. Programs 9 offered or facilitated by the department shall be at locations and times convenient to 10 local school personnel and shall be made accessible through the use of technology 11 when appropriate. They shall include programs that: address the goals for Kentucky 12 schools as stated in KRS 158.6451, including reducing the achievement gaps as 13 determined by an equity analysis of the disaggregated student performance data 14 from the state assessment program developed under KRS 158.6453; engage 15 educators in effective learning processes and foster collegiality and collaboration; 16 and provide support for staff to incorporate newly acquired skills into their work 17 through practicing the skills, gathering informatio n about the results, and reflecting 18 on their efforts. Professional development programs shall be made available to 19 teachers based on their needs which shall include but not be limited to the following 20 areas: 21 (a) Strategies to reduce the achievement gaps am ong various groups of students 22 and to provide continuous progress; 23 (b) Curriculum content and methods of instruction for each content area, 24 including differentiated instruction; 25 (c) School-based policy[decision] making; 26 (d) Assessment literacy; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 32 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (e) Integration of performance -based student assessment into daily classroom 1 instruction; 2 (f) Nongraded primary programs; 3 (g) Research-based instructional practices; 4 (h) Instructional uses of technology; 5 (i) Curriculum design to serve the needs of students wit h diverse learning styles 6 and skills and of students of diverse cultures; 7 (j) Instruction in reading, including phonics, phonemic awareness, 8 comprehension, fluency, and vocabulary; 9 (k) Educational leadership; and 10 (l) Strategies to incorporate character education throughout the curriculum. 11 (5) The department shall assist school personnel in assessing the impact of professional 12 development on their instructional practices and student learning. 13 (6) (a) Upon the request of a school district or school principal[council], the 14 department shall assist with the development of long -term school and district 15 improvement plans that include multiple strategies for professional 16 development based on the assessment of needs at the school level. 17 (b) Professional development s trategies may include but are not limited to 18 participation in subject matter academies, teacher networks, training institutes, 19 workshops, seminars, and study groups; collegial planning; action research; 20 mentoring programs; appropriate university courses; a nd other forms of 21 professional development. 22 (c) In planning the use of the four (4) days for professional development under 23 KRS 158.070, school principals[councils] and districts shall give priority to 24 programs that increase teachers' understanding of curr iculum content and 25 methods of instruction appropriate for each content area based on individual 26 school plans. The district may use up to one (1) day to provide district -wide 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 33 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA training and training that is mandated by state or federal law. Only those 1 employees identified in the mandate or affected by the mandate shall be 2 required to attend the training. 3 (d) State funds allocated for professional development shall be used to support 4 professional development initiatives that are consistent with local school 5 improvement and professional development plans and teachers' individual 6 growth plans. The funds may be used throughout the year for all staff, 7 including classified and certified staff and parents on advisory[school] 8 councils or committees. A portion of the fu nds allocated to each 9 advisory[school] council under KRS 160.345 may be used to prepare or 10 enhance the teachers' knowledge and teaching practices related to the content 11 and subject matter that are required for their specific classroom assignments. 12 (7) (a) The department shall develop and maintain a list of approved comprehensive 13 evidence-informed trainings on child abuse and neglect prevention, 14 recognition, and reporting that encompass child physical, sexual, and 15 emotional abuse and neglect. 16 (b) The trainings shall be web -based or in -person and cover, at a minimum, the 17 following topics: 18 1. Recognizing child physical, sexual, and emotional abuse and neglect; 19 2. Reporting suspected child abuse and neglect in Kentucky as required by 20 KRS 620.030 and the appropriate documentation; 21 3. Responding to the child; and 22 4. Understanding the response of child protective services. 23 (c) The trainings shall include a questionnaire or other basic assessment tool upon 24 completion to document basic knowledge of training components. 25 (d) Each local board of education shall adopt one (1) or more trainings from the 26 list approved by the department to be implemented by schools. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 34 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (8) The department shall establish an electronic consumer bulletin board that posts 1 information regarding profe ssional development providers and programs as a 2 service to school district central office personnel, advisory[school] councils, 3 teachers, and administrators. Participation on the electronic consumer bulletin board 4 shall be voluntary for professional develo pment providers or vendors, but shall 5 include all programs sponsored by the department. Participants shall provide the 6 following information: program title; name of provider or vendor; qualifications of 7 the presenters or instructors; objectives of the prog ram; program length; services 8 provided, including follow -up support; costs for participation and costs of 9 materials; names of previous users of the program, addresses, and telephone 10 numbers; and arrangements required. Posting information on the bulletin bo ard by 11 the department shall not be viewed as an endorsement of the quality of any specific 12 provider or program. 13 (9) The department shall provide voluntary training to address the characteristics and 14 instructional needs of students at risk of school failure and most likely to drop out 15 of school. The training shall be developed to meet the specific needs of all certified 16 and classified personnel depending on their relationship with these students. The 17 training for instructional personnel shall be designed to provide and enhance skills 18 of personnel to: 19 (a) Identify at -risk students early in elementary schools as well as at -risk and 20 potential dropouts in the middle and high schools; 21 (b) Plan specific instructional strategies to teach at-risk students; 22 (c) Improve the academic achievement of students at risk of school failure by 23 providing individualized and extra instructional support to increase 24 expectations for targeted students; 25 (d) Involve parents as partners in ways to help their children and to improve their 26 children's academic progress; and 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 35 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (e) Significantly reduce the dropout rate of all students. 1 (10) The department shall establish teacher academies to the extent funding is avai lable 2 in cooperation with postsecondary education institutions for elementary, middle 3 school, and high school faculty in core disciplines, utilizing facilities and faculty 4 from universities and colleges, local school districts, and other appropriate agenci es 5 throughout the state. Priority for participation shall be given to those teachers who 6 are teaching core discipline courses for which they do not have a major or minor or 7 the equivalent. Participation of teachers shall be voluntary. 8 (11) The department shall annually provide to the oversight council established in KRS 9 15A.063, the information received from local schools pursuant to KRS 158.449. 10 Section 6. KRS 156.111 is amended to read as follows: 11 (1) The Department of Education shall establish a Superintendents Training Program 12 and Assessment Center. The department shall provide for assessor training and shall 13 ensure that an assessment center includes but is not limited to training and 14 participation in the following components: 15 (a) Core concepts of leadership and quality practices; 16 (b) Effective implementation of school-based policies[decision making]; 17 (c) Kentucky school law; 18 (d) Kentucky school finance and budgeting; 19 (e) School curriculum and assessment; 20 (f) Instructional leadership; 21 (g) School improvement; 22 (h) Community and board relations; 23 (i) Effective communication; and 24 (j) An executive coaching and mentoring program with an emphasis on 25 demonstrated professional growth. 26 The department may provide assessment centers regionally. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 36 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (2) Notwithstanding any other statute to the contrary, an employing local board of 1 education shall not be responsible for any training costs associated with a 2 superintendent's participation in the training and assessment center process. 3 (3) At the conclusion of the training, each participant shall deliver to the employing 4 board of education and the Kentucky Department of Education a comprehensive 5 collection of work products and assessments that demonstrate proficiency in each 6 area of training. 7 (4) In addition to any applicable certification and experience requirements, any person 8 hired for the first time as superintendent in Kentucky shall successfully complete 9 the assessment center process within two (2) years of taking office as 10 superintendent. 11 (5) The Kentucky Board of Education shall adopt administrative regulations to govern 12 the training content, number of hours, assessments, and work products for 13 successful completion of the training and assessment center process. The board 14 shall also estab lish the continuing professional development requirements for 15 school superintendents to include, at a minimum, three (3) hours of annual training 16 in school finance and three (3) hours of annual training in ethics. 17 (6) The Department of Education may contra ct with qualified agencies, organizations, 18 or institutions or may approve programs offered by training providers to carry out 19 the provisions of this section. 20 Section 7. KRS 156.162 is amended to read as follows: 21 (1) Pursuant to KRS 156.160, the Kentucky Board of Education shall promulgate 22 administrative regulations to establish the courses of study for the different grades. 23 The administrative regulation that sets forth the required and elective courses for 24 the schools shall include: 25 (a) An elective social studies course on the Hebrew Scriptures, Old Testament of 26 the Bible; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 37 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (b) An elective social studies course on the New Testament of the Bible; or 1 (c) An elective social studies course on the Hebrew Scriptures and the New 2 Testament of the Bible. 3 (2) The purpose of a course under this section is to: 4 (a) Teach students knowledge of biblical content, characters, poetry, and 5 narratives that are prerequisites to understanding contemporary society and 6 culture, including literature, art, music, mores, oratory, and public policy; and 7 (b) Familiarize students with, as applicable: 8 1. The contents of the Hebrew Scriptures or New Testament; 9 2. The history of the Hebrew Scriptures or New Testament; 10 3. The literary style and structure of the Hebrew Scriptures or New 11 Testament; and 12 4. The influence of the Hebrew Script ures or New Testament on law, 13 history, government, literature, art, music, customs, morals, values, and 14 culture. 15 (3) A student shall not be required to use a specific translation as the sole text of the 16 Hebrew Scriptures or New Testament and may use as the basic textbook a different 17 translation of the Hebrew Scriptures or New Testament from that chosen by the 18 school principal[council]. 19 (4) The Kentucky Department of Education shall include the course standards in the 20 program of studies for Kentucky schools, including the teacher qualifications and 21 required professional development. 22 (5) A course offered under this section shall follow applicable law and all federal and 23 state guidelines in maintaining religious neutrality and accommodating the diverse 24 religious views, traditions, and perspectives of students in the school. A course 25 under this section shall not endorse, favor, or promote, or disfavor or show hostility 26 toward, any particular religion or nonreligious faith or religious perspective. The 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 38 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA Kentucky Board of Education, in complying with this section, shall not violate any 1 provision of the United States Constitution or federal law, the Kentucky 2 Constitution or any state law, or any administrative regulations of the United States 3 Department of Education or the Kentucky Department of Education. 4 Section 8. KRS 156.492 is amended to read as follows: 5 (1) The Kentucky Department of Education may enter into an agreement with any 6 building and construction trade organization to develop a training program for 7 school counselors providing services to students in the Commonwealth. The 8 purpose of the training program shall be to promote building and construction 9 trades and training facilities available to students by making school cou nselors 10 aware of what is available to students participating in the building and construction 11 trade. The training program shall include information relating to: 12 (a) The pay and benefits available to people who work in the building and 13 construction trades; and 14 (b) Job opportunities, pre -apprenticeships, apprenticeships, and pathways within 15 the building and construction trade industry. 16 (2) The participating trade organization shall ensure ample opportunities for school 17 counselors that serve grades seven (7) t hrough twelve (12) to complete the training 18 created under subsection (1) of this section annually and shall bear all costs 19 associated with the training. The participating trade organization may choose to 20 offer professional development opportunities to teac hers who serve students in 21 grades seven (7) through twelve (12), if resources are available for this purpose. 22 (3) The department shall include the training program created in this section on the 23 electronic consumer bulletin board created pursuant to KRS 156.095(8) if requested 24 by the training program. 25 (4) A school counselor serving students in grades seven (7) through twelve (12) may 26 complete four (4) hours of training developed under this section which shall count 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 39 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA towards the twenty -one (21) hours required annually pursuant to KRS 1 156.101(4)(b)[2]. 2 (5) Local boards of education or school principals [school-based decision making 3 councils] may incorporate this training as part of the four (4) days of professional 4 development required pursuant to KRS 158.070(3)(a) for teachers who serve 5 students in grades seven (7) through twelve (12) if offered by the participating trade 6 organization. 7 Section 9. KRS 157.360 is amended to read as follows: 8 (1) (a) In determining the cost of the program to support education excellence in 9 Kentucky, the statewide guaranteed base funding level, as defined in KRS 10 157.320, shall b e computed by dividing the amount appropriated for this 11 purpose by the prior year's statewide average daily attendance. 12 (b) When determining the biennial appropriations for the program, the average 13 daily attendance for each fiscal year shall include an est imate of the number 14 of students graduating early under the provisions of KRS 158.142. 15 (2) Each district shall receive an amount equal to the base funding level for each pupil 16 in average daily attendance in the district in the previous year, except a distri ct shall 17 receive an amount equal to one -half (1/2) of the state portion of the average 18 statewide per pupil guaranteed base funding level for each student who graduated 19 early under the provisions of KRS 158.142. Each district's base funding level shall 20 be adjusted by the following factors: 21 (a) The number of at -risk students in the district. At -risk students shall be 22 identified as those approved for the free lunch program under state and federal 23 guidelines. The number of at-risk students shall be multiplied by a factor to be 24 established by the General Assembly. Funds generated under this paragraph 25 may be used to pay for: 26 1. Alternative programs for students who are at risk of dropping out of 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 40 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA school before achieving a diploma; and 1 2. A hazardous duty pay supple ment as determined by the local board of 2 education to the teachers who work in alternative programs with 3 students who are violent or assaultive; 4 (b) The number and types of exceptional children in the district as defined by 5 KRS 157.200. Specific weights fo r each category of exceptionality shall be 6 used in the calculation of the add-on factor for exceptional children; and 7 (c) Transportation costs. The per -pupil cost of transportation shall be calculated 8 as provided by KRS 157.370. Districts which contract to furnish 9 transportation to students attending nonpublic schools may adopt any payment 10 formula which ensures that no public school funds are used for the 11 transportation of nonpublic students. 12 (3) Beginning with the 2015 -2016 school year and each year thereafter, the General 13 Assembly shall annually allocate funds equal to one -half (1/2) of the state portion 14 of the average state wide per pupil guaranteed base funding level for each student 15 who graduated early under the provisions of KRS 158.142 the previous school year 16 to the Kentucky Higher Education Assistance Authority for deposit in the early 17 graduation scholarship trust fund. 18 (4) The program to support education excellence in Kentucky shall be fully 19 implemented by the 1994-95 school year. 20 (5) (a) Unless a [Except for those schools which have implemented] school-based 21 policy requires otherwise [decision making] , the commissioner of education 22 shall enforce maximum class sizes for every academic course requirement in 23 all grades except in vocal and instrumental music, and physical education 24 classes. Except as provided in subsection (6) of this section, the maximum 25 number of pupils enrolled in a class shall be as follows: 26 1. Twenty-four (24) in primary grades (kindergarten through third grade); 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 41 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 2. Twenty-eight (28) in grade four (4); 1 3. Twenty-nine (29) in grades five (5) and six (6); 2 4. Thirty-one (31) in grades seven (7) to twelve (12). 3 (b) Unless a [Except for those schools which have implemented] school-based 4 policy requires otherwise [decision making], class size loads for middle and 5 secondary school: 6 1. Classroom teachers shall not exceed the equivalent of one hundred fifty 7 (150) pupil hours per day; and 8 2. Virtual program teachers shall not exceed the equivalent of three 9 hundred (300) pupil hours per day. 10 (c) The commissioner of education, upon approval of the Kentucky Board of 11 Education, shall adopt administrative regulations for e nforcing this provision. 12 These administrative regulations shall include procedures for a superintendent 13 to request an exemption from the Kentucky Board of Education when unusual 14 circumstances warrant an increased class size for an individual class. A 15 request for an exemption shall include specific reasons for the increased class 16 size with a plan for reducing the class size prior to the beginning of the next 17 school year. A district shall not receive in any one (1) year exemptions for 18 more classes than enroll twenty percent (20%) of the pupils in the primary 19 grades and grades four (4) through eight (8). 20 (d) In all schools the commissioner of education shall enforce the special 21 education maximum class sizes set by administrative regulations adopted by 22 the Kentu cky Board of Education. A superintendent may request an 23 exemption pursuant to paragraph (c) of this subsection. A local school 24 principal[council] may request a waiver relating to maximum class size 25 pursuant to KRS 156.161 in the same manner as a local boar d of education. 26 An exemption or waiver shall not be granted if the increased class size will 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 42 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA impede any exceptional child from achieving his or her individual education 1 program in the least restrictive environment. 2 (6) In grades four (4) through six (6) wi th combined grades, the maximum class size 3 shall be the average daily attendance upon which funding is appropriated for the 4 lowest assigned grade in the class. There shall be no exceptions to the maximum 5 class size for combined classes. In combined classes other than the primary grades, 6 no ungraded students shall be placed in a combined class with graded students. In 7 addition, there shall be no more than two (2) consecutive grade levels combined in 8 any one (1) class in grades four (4) through six (6). Howev er, this shall not apply to 9 schools with[which have implemented] school-based policies that require 10 otherwise[ decision making]. 11 (7) If a local school district, through its admission and release committee, determines 12 that an appropriate program in the least restrictive environment for a particular child 13 with a disability includes either part -time or full -time enrollment with a private 14 school or agency within the state or a public or private agency in another state, the 15 school district shall count as average daily attendance in a public school the time 16 that the child is in attendance at the school or agency, contingent upon approval by 17 the commissioner of education. 18 (8) Pupils attending a center for child learning and study established under an 19 agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose of calculating 20 average daily attendance, be considered as in attendance in the school district in 21 which the child legally resides and which is party to the agreement. For purposes of 22 subsection (1) of thi s section, teachers who are actually employees of the joint or 23 cooperative action shall be considered as employees of each school district which is 24 a party to the agreement. 25 (9) Program funding shall be increased when the average daily attendance in any 26 district for the first two (2) months of the current school year is greater than the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 43 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA average daily attendance of the district for the first two (2) months of the previous 1 school year. The program funds allotted the district shall be increased by the 2 percent of increase. The average daily attendance in kindergarten is the 3 kindergarten full-time equivalent pupils in average daily attendance. 4 (10) If the average daily attendance for the current school year in any district decreases 5 by ten percent (10%) or more t han the average daily attendance for the previous 6 school year, the average daily attendance for purposes of calculating program 7 funding for the next school year shall be increased by an amount equal to two-thirds 8 (2/3) of the decrease in average daily atte ndance. If the average daily attendance 9 remains the same or decreases in the succeeding school year, the average daily 10 attendance for purposes of calculating program funding for the following school 11 year shall be increased by an amount equal to one -third (1/3) of the decrease for the 12 first year of the decline. 13 (11) If the percentage of attendance of any school district shall have been reduced more 14 than two percent (2%) during the previous school year, the program funding 15 allotted the district for the current school year shall be increased by the difference in 16 the percentage of attendance for the two (2) years immediately prior to the current 17 school year less two percent (2%). 18 (12) (a) Instructional salaries for vocational agriculture classes shall be for twelve (12) 19 months per year. Vocational agriculture teachers shall be responsible for the 20 following program of instruction during the time period beyond the regular 21 school term established by the local board of education: supervision and 22 instruction of studen ts in agriculture experience programs; group and 23 individual instruction of farmers and agribusinessmen; supervision of student 24 members of agricultural organizations who are involved in leadership training 25 or other activity required by state or federal law; or any program of vocational 26 agriculture established by the Department of Education. During extended 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 44 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA employment, no vocational agriculture teacher shall receive salary on a day 1 that the teacher is scheduled to attend an institution of higher education cla ss 2 which could be credited toward meeting any certification requirement. 3 (b) Each teacher of agriculture employed shall submit an annual plan for summer 4 program to the local school superintendent for approval. The summer plan 5 shall include a list of tasks to be performed, purposes for each task, and time 6 to be spent on each task. Approval by the local school superintendent shall be 7 in compliance with the guidelines developed by the Department of Education. 8 The supervision and accountability of teachers of v ocational agriculture's 9 summer programs shall be the responsibility of the local school 10 superintendent. The local school superintendent shall submit to the 11 commissioner of education a completed report of summer tasks for each 12 vocational agriculture teacher . Twenty percent (20%) of the approved 13 vocational agriculture programs shall be audited annually by the State 14 Department of Education to determine that the summer plan has been properly 15 executed. 16 (13) (a) In allotting program funds for home and hospital in struction, statewide 17 guaranteed base funding, excluding the capital outlay, shall be allotted for 18 each child in average daily attendance in the prior school year who has been 19 properly identified according to Kentucky Board of Education administrative 20 regulations. Attendance shall be calculated pursuant to KRS 157.270 and shall 21 be reported monthly on forms provided by the Department of Education; and 22 (b) Pursuant to administrative regulations of the Kentucky Board of Education, 23 local school districts shall be reimbursed for home and hospital instruction for 24 pupils unable to attend regular school sessions because of short -term health 25 impairments. A reimbursement formula shall be established by administrative 26 regulations to include such factors as a reasonable per hour, per child 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 45 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA allotment for teacher instructional time, with a maximum number of funded 1 hours per week, a reasonable allotment for teaching supplies and equipment, 2 and a reasonable allotment for travel expenses to and from instructional 3 assignments, but the formula shall not include an allotment for capital outlay. 4 Attendance shall be calculated pursuant to KRS 157.270 and shall be reported 5 annually on forms provided by the Department of Education. 6 (14) If the [Except for those schools which have imple mented school -based decision 7 making and the] school principal[council] has decided[voted] to waive this 8 subsection and for virtual programs, kindergarten aides shall be provided for each 9 twenty-four (24) full-time equivalent kindergarten students enrolled. 10 (15) Effective July 1, 2001, there shall be no deduction applied against the base funding 11 level for any pupil in average daily attendance who spends a portion of his or her 12 school day in a program at a state -operated career and technical education or 13 vocational facility. 14 (16) During a fiscal year, a school district may request that the Department of Education 15 recalculate its funds allocated under this section if the current year average daily 16 attendance for the twenty (20) day school month as defined in KR S 158.060(2) that 17 contains the most days within the calendar month of January exceeds the prior year 18 adjusted average daily attendance plus growth by at least one percent (1%). Any 19 adjustments in the allotments approved under this subsection shall be propo rtional 20 to the remaining days in the school year and subject to available funds under the 21 program to support education excellence in Kentucky. 22 (17) To calculate the state portion of the program to support education excellence in 23 Kentucky for a school district, the Department of Education shall subtract the local 24 effort required under KRS 157.390(5) from the calculated base funding under the 25 program to support education excellence in Kentucky, as required by this section. 26 The value of the real estate used in this calculation shall be the lesser of the current 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 46 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA year assessment or the prior year assessment increased by four percent (4%) plus 1 the value of c urrent year new property. The calculation under this subsection shall 2 be subject to available funds. 3 (18) Notwithstanding any other statute or budget of the Commonwealth language to the 4 contrary, time missed due to shortening days for emergencies may be ma de up by 5 lengthening school days in the school calendar without any loss of funds under the 6 program to support education excellence in Kentucky. 7 Section 10. KRS 158.031 is amended to read as follows: 8 (1) As used in this section, "primary school program" means that part of the elementary 9 school program in which children are enrolled from the time they begin school until 10 they are ready to enter the fourth grade. Notwithstanding any statute to the contrary, 11 successful completion of the primary school program shall be a prerequisite for a 12 child's entrance into fourth grade. 13 (2) The Kentucky Board of Education shall establish, by administrative regulation, 14 methods of verifying successful completion of the primary school program in 15 carrying out the goals of education as described in KRS 158.6451. 16 (3) The primary program shall include the following critical attributes: 17 developmentally appropriate educational practices; multiage and multiability 18 classrooms; continuous progress; aut hentic assessment; qualitative reporting 19 methods; professional teamwork; and positive parent involvement. 20 (4) [Each school council or, if none exists, ]The school shall determine the organization 21 of its ungraded primary program including the extent to whic h multiage groups are 22 necessary to implement the critical attributes based on the critical attributes and 23 meeting individual student needs. 24 (5) The implementation of the primary program may take into consideration the 25 necessary arrangements required for st udents attending part-time and will allow for 26 grouping of students attending their first year of school when determined to be 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 47 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA developmentally appropriate. 1 (6) A school district may advance a student through the primary program when it is 2 determined that it is in the best educational interest of the student. A student who is 3 at least five (5) years of age, but less than six (6) years of age, and is advanced in 4 the primary program may be classified as other than a kindergarten student for 5 purposes of funding under KRS 157.310 to 157.440 if the student is determined to 6 have acquired the academic and social skills taught in kindergarten as determined 7 by local board policy in accordance with the process established by Kentucky 8 Board of Education administrative regulation. 9 (7) Data shall be collected by each school district on the number of students, in each 10 school having a primary program, who take five (5) years to complete the primary 11 program. The data shall be reported in the annual performance report described in 12 KRS 158.6453. 13 Section 11. KRS 158.060 is amended to read as follows: 14 (1) Each teacher shall be provided access to a copy of his or her employment contract 15 upon request. 16 (2) Twenty (20) school days, or days in which t eachers are actually employed in the 17 schoolroom, shall constitute a school month in the common schools. 18 (3) Each full -time teacher shall be provided with a duty -free lunch period each day 19 during the regularly scheduled student lunch period. The duty -free l unch period 20 shall be not less than the length of the lunch period specified in the school calendar 21 approved by the chief state school officer. A full -time teacher may be assigned to 22 lunch room duty during the regularly scheduled student lunch period only f or an 23 amount of time equal to the noninstructional time in excess of fifty -five (55) 24 minutes included in the teacher's daily schedule. The calculation of noninstructional 25 time shall not include the teacher's duty -free lunch period, the time teachers are 26 required to be at school prior to the start of the student's instructional day, or the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 48 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA time teachers are required to remain at school after the students are dismissed. 1 (4) Except for children with disabilities and children attending the primary school 2 program who may attend a program of less than six (6) hours per day under policy 3 adopted by the local school district board of education and approved by the 4 commissioner of education and children attending a school district where the local 5 board has approved a s chedule that provides at least the equivalent of six (6) hours 6 of daily instruction during the school year, a minimum of six (6) hours of actual 7 school work shall constitute a school day. Kindergarten programs may be operated 8 for less than six (6) hours wi thout state board approval. The Kentucky Board of 9 Education, upon recommendation of the chief state school officer, shall develop and 10 approve regulations governing make up by school districts of whole days missed 11 due to emergencies, or partial days missed as a result of shortening regularly 12 scheduled school days due to emergencies. 13 (5) Teachers shall be provided additional time for nonteaching activities. The 14 nonteaching time shall be used to provide teachers opportunities for professional 15 development activities as provided in KRS 156.095, instructional planning, school -16 based policy[decision] making as provided in KRS 160.345, curriculum 17 development, and outreach activities involving their students' families and the 18 community. 19 (6) Character education program s and activities shall be considered valuable and 20 legitimate components of the actual school work constituting a school day under 21 subsection (4) of this section. 22 Section 12. KRS 158.070 is amended to read as follows: 23 (1) As used in this section: 24 (a) "Election" has the same meaning as in KRS 121.015; 25 (b) "Minimum school term" or "school term" means not less than one hundred 26 eighty-five (185) days composed of the student attendance days, teacher 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 49 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA professional days, and holidays; 1 (c) "School calendar" means the document adopted by a local board of education 2 that establishes the minimum school term, student instructional year or 3 variable student instructional year, and days that school will not be in session; 4 (d) "School district calendar committee" means a committee that includes at least 5 the following: 6 1. One (1) school district principal; 7 2. One (1) school district office administrator other than the 8 superintendent; 9 3. One (1) member of the local board of education; 10 4. Two (2) parents of students attending a school in the district; 11 5. One (1) school district elementary school teacher; 12 6. One (1) school district middle or high school teacher; 13 7. Two (2) school district classified employees; and 14 8. Two (2) community member s from the local chamber of commerce, 15 business community, or tourism commission; 16 (e) "Student attendance day" means any day that students are scheduled to be at 17 school to receive instruction, and encompasses the designated start and 18 dismissal time; 19 (f) "Student instructional year" means at least one thousand sixty -two (1,062) 20 hours of instructional time for students delivered on not less than one hundred 21 seventy (170) student attendance days; 22 (g) "Teacher professional day" means any day teachers are require d to report to 23 work as determined by a local board of education, with or without the 24 presence of students; and 25 (h) "Variable student instructional year" means at least one thousand sixty -two 26 (1,062) hours of instructional time delivered on the number of st udent 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 50 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA attendance days adopted by a local board of education which shall be 1 considered proportionally equivalent to one hundred seventy (170) student 2 attendance days and calendar days for the purposes of a student instructional 3 year, employment contracts th at are based on the school term, service credit 4 under KRS 161.500, and funding under KRS 157.350. 5 (2) (a) The local board of education, upon recommendation of the local school 6 district superintendent, shall annually appoint a school district calendar 7 committee to review, develop, and recommend school calendar options. 8 (b) The school district calendar committee, after seeking feedback from school 9 district employees, parents, and community members, shall recommend 10 school calendar options to the local school d istrict superintendent for 11 presentation to the local board of education. The committee's 12 recommendations shall comply with state laws and regulations and consider 13 the economic impact of the school calendar on the community and the state. 14 (c) Prior to adopting a school calendar, the local board of education shall hear for 15 discussion the school district calendar committee's recommendations and the 16 recommendation of the superintendent at a meeting of the local board of 17 education. 18 (d) During a subsequent meetin g of the local board of education, the local board 19 shall adopt a school calendar for the upcoming school year that establishes the 20 opening and closing dates of the school term, beginning and ending dates of 21 each school month, student attendance days, and d ays on which schools shall 22 be dismissed. The local board may schedule days for breaks in the school 23 calendar that shall not be counted as a part of the minimum school term. 24 (e) For local board of education meetings described in paragraphs (c) and (d) of 25 this subsection, if the meeting is a regular meeting, notice shall be given to 26 media outlets that have requests on file to be notified of special meetings 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 51 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA stating the date of the regular meeting and that one (1) of the items to be 1 considered in the regular meeting will be the school calendar. The notice shall 2 be sent at least twenty -four (24) hours before the regular meeting. This 3 requirement shall not be deemed to make any requirements or limitations 4 relating to special meetings applicable to the regular meeting. 5 (f) A local school board of education that adopts a school calendar with the first 6 student attendance day in the school term starting no earlier than the Monday 7 closest to August 26 may use a variable student instructional year. Districts 8 may set the length of individual student attendance days in a variable student 9 instructional schedule, but no student attendance day shall contain more than 10 seven (7) hours of instructional time unless the district submitted and received 11 approval from the commissione r of education for an innovative alternative 12 calendar. 13 (3) (a) Each local board of education shall use four (4) days of the minimum school 14 term for professional development and collegial planning activities for the 15 professional staff without the presence o f students pursuant to the 16 requirements of KRS 156.095. At the discretion of the superintendent, one (1) 17 day of professional development may be used for district -wide activities and 18 for training that is mandated by federal or state law. The use of three (3 ) days 19 shall be planned by each principal[school council], except that the district is 20 encouraged to provide technical assistance and leadership to school 21 principals[councils] to maximize existing resources and to encourage shared 22 planning. 23 (b) 1. A local board may approve a school's flexible professional development 24 plan that permits teachers or other certified personnel within a school to 25 participate in professional developme nt activities outside the days 26 scheduled in the school calendar or the regularly scheduled hours in the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 52 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA school work day and receive credit towards the four (4) day professional 1 development requirement within the minimum one hundred eighty -five 2 (185) days that a teacher shall be employed. 3 2. A flexible schedule option shall be reflected in the school's professional 4 development component within the school improvement plan and 5 approved by the local board. Credit for approved professional 6 development activities may be accumulated in periods of time other than 7 full day segments. 8 3. No teacher or administrator shall be permitted to count participation in a 9 professional development activity under the flexible schedule option 10 unless the activity is related to the te acher's classroom assignment and 11 content area, or the administrator's job requirements, or is required by 12 the school improvement plan, or is tied to the teacher's or the 13 administrator's individual growth plan. The supervisor shall give prior 14 approval and s hall monitor compliance with the requirements of this 15 paragraph. In the case of teachers, a professional development 16 committee or the school principal[council] by school-based[council] 17 policy, as defined in Section 1 of this Act, may be responsible for 18 reviewing requests for approval. 19 (c) The local board of each school district may use up to a maximum of four (4) 20 days of the minimum school term for holidays; provided, however, any 21 holiday which occurs on Saturday may be observed on the preceding Friday. 22 (d) Each local board may use two (2) days for planning activities without the 23 presence of students. 24 (e) Each local board may close schools for the number of days deemed necessary 25 for: 26 1. National or state emergency or mourning when proclaimed by the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 53 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA President of the United States or the Governor of the Commonwealth of 1 Kentucky; 2 2. Local emergency which would endanger the health or safety of children; 3 and 4 3. Mourning when so designated by the local board of education and 5 approved by the Kentucky Board of Educat ion upon recommendation of 6 the commissioner of education. 7 (4) (a) The Kentucky Board of Education, upon recommendation of the 8 commissioner of education, shall adopt administrative regulations governing 9 the use of student attendance days as a result of a local emergency, as 10 described in subsection (3)(e)2. of this section , and regulations setting forth 11 the guidelines and procedures to be observed for the approval of waivers from 12 the requirements of a student instructional year in subsection (1)(f) of this 13 section for districts that wish to adopt innovative instructional ca lendars, or 14 for circumstances that would create extreme hardship. 15 (b) If a local board of education amends its school calendar after its adoption due 16 to an emergency, it may lengthen or shorten any remaining student attendance 17 days by thirty (30) minutes o r more, as it deems necessary, provided the 18 amended calendar complies with the requirements of a student instructional 19 year in subsection (1)(f) of this section or a variable student instructional year 20 in subsection (1)(h) of this section. No student atten dance day shall contain 21 more than seven (7) hours of instructional time unless the district submitted 22 and received approval from the commissioner of education for an innovative 23 alternative calendar. 24 (5) (a) 1. In setting the school calendar, school may be closed for two (2) 25 consecutive days for the purpose of permitting professional school 26 employees to attend statewide professional meetings. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 54 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 2. These two (2) days for statewide professional meetings may be 1 scheduled to begin with the first Thursday after Eas ter, or upon request 2 of the statewide professional education association having the largest 3 paid membership, the commissioner of education may designate 4 alternate dates. 5 3. If schools are scheduled to operate during days designated for the 6 statewide profes sional meeting, the school district shall permit 7 employees who are delegates to attend as compensated professional 8 leave time and shall employ substitute teachers in their absence. 9 4. The commissioner of education shall designate one (1) additional day 10 during the school year when schools may be closed to permit 11 professional school employees to participate in regional or district 12 professional meetings. 13 5. These three (3) days so designated for attendance at professional 14 meetings may be counted as a part of the minimum school term. 15 (b) If any school in a district is used as a voting place pursuant to KRS 117.065, 16 the school district may be closed on the days of the election, and those days 17 may be used for professional development activities, professional meetings, or 18 parent-teacher conferences. 19 (c) All schools shall be closed on the third Monday of January in observance of 20 the birthday of Martin Luther King, Jr. Districts may: 21 1. Designate the day as one (1) of the four (4) holidays permitted under 22 subsection (3)(c) of this section; or 23 2. Not include the day in the minimum school term specified in subsection 24 (1) of this section. 25 (6) (a) The Kentucky Board of Education, or the organization or agency designated 26 by the board to manage interscholastic athletics, sha ll be encouraged to 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 55 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA schedule athletic competitions outside the regularly scheduled student 1 attendance day. 2 (b) Any member of a school -sponsored interscholastic athletic team who 3 competes in a regional tournament or state tournament sanctioned by the 4 Kentucky Board of Education, or the organization or agency designated by the 5 board to manage interscholastic athletics, and occurring on a regularly 6 scheduled student attendance day may be counted present at school on the 7 date or dates of the competition, as det ermined by local board policy, for a 8 maximum of two (2) days per student per year. The student shall be expected 9 to complete any assignments missed on the date or dates of the competition. 10 (c) The school attendance record of any student for whom paragraph (b) of this 11 subsection applies shall indicate that the student was in attendance on the date 12 or dates of competition. 13 (7) Schools shall provide continuing education for those students who are determined 14 to need additional time to achieve the outcomes defin ed in KRS 158.6451, and 15 schools shall not be limited to the minimum school term in providing this 16 education. Continuing education time may include extended days, extended weeks, 17 or extended years. A local board of education may adopt a policy requiring its 18 students to participate in continuing education. The local policy shall set out the 19 conditions under which attendance will be required and any exceptions which are 20 provided. The Kentucky Board of Education shall promulgate administrative 21 regulations establishing criteria for the allotment of grants to local school districts 22 and shall include criteria by which the commissioner of education may approve a 23 district's request for a waiver under KRS 156.161 to use an alternative service 24 delivery option, including providing services during the student attendance day on a 25 limited basis. These grants shall be allotted to school districts to provide 26 instructional programs for pupils who are identified as needing additional time to 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 56 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA achieve the outcomes defined in KRS 158.6451. A school district that has a school 1 operating a model early reading program under KRS 158.792 may use a portion of 2 its grant money as part of the matching funds to provide individualized or small 3 group reading instruction to qualified students ou tside of the regular classroom 4 during the student attendance day. 5 (8) Notwithstanding any other statute, each school term shall include no less than the 6 equivalent of the student instructional year in subsection (1)(f) of this section, or a 7 variable student instructional year in subsection (1)(h) of this section, except that 8 the commissioner of education may grant up to the equivalent of ten (10) student 9 attendance days for school districts that have a nontraditional instruction plan 10 approved by the commiss ioner of education on days when the school district is 11 closed for health or safety reasons. The district's plan shall indicate how the 12 nontraditional instruction process shall be a continuation of learning that is 13 occurring on regular student attendance da ys. Instructional delivery methods, 14 including the use of technology, shall be clearly delineated in the plan. Average 15 daily attendance for purposes of Support Education Excellence in Kentucky 16 program funding during the student attendance days granted shall be calculated in 17 compliance with administrative regulations promulgated by the Kentucky Board of 18 Education. 19 (9) The Kentucky Board of Education shall promulgate administrative regulations to 20 prescribe the conditions and procedures for districts to be appr oved for the 21 nontraditional instruction program. Administrative regulations promulgated by the 22 board under this section shall specify: 23 (a) The application, plan review, approval, and amendment process; 24 (b) Reporting requirements for districts approved for the program, which may 25 include but are not limited to examples of student work, lesson plans, teacher 26 work logs, and student and teacher participation on nontraditional instruction 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 57 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA days. Documentation to support the use of nontraditional instruction days 1 shall include clear evidence of learning continuation; 2 (c) Timelines for initial approval as a nontraditional instruction district, length of 3 approval, the renewal process, and ongoing evaluative procedures required of 4 the district; 5 (d) Reporting and oversi ght responsibilities of the district and the Kentucky 6 Department of Education, including the documentation required to show clear 7 evidence of learning continuation during nontraditional instruction days; and 8 (e) Other components deemed necessary to implement this section. 9 (10) Notwithstanding the provisions of KRS 158.060(4) and the provisions of subsection 10 (2) of this section, a school district shall arrange bus schedules so that all buses 11 arrive in sufficient time to provide breakfast prior to the beginni ng of the student 12 attendance day. The superintendent of a school district that participates in the 13 Federal School Breakfast Program may also authorize up to fifteen (15) minutes of 14 the student attendance day to provide the opportunity for children to eat b reakfast 15 during instructional time. 16 (11) Notwithstanding any other statute to the contrary, the following provisions shall 17 apply to a school district that misses student attendance days due to emergencies, 18 including weather-related emergencies: 19 (a) A certi fied school employee shall be considered to have fulfilled the 20 minimum one hundred eighty -five (185) day contract with a school district 21 under KRS 157.350 and shall be given credit for the purpose of calculating 22 service credit for retirement under KRS 161.500 for certified school personnel 23 if: 24 1. State and local require ments under this section are met regarding the 25 equivalent of the number and length of student attendance days, teacher 26 professional days, professional development days, holidays, and days 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 58 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA for planning activities without the presence of students; and 1 2. The provisions of the district's school calendar to make up student 2 attendance days missed due to any emergency, as approved by the 3 Kentucky Department of Education when required, including but not 4 limited to a provision for additional instructional time per day, are met. 5 (b) Additional time worked by a classified school employee shall be considered 6 as equivalent time to be applied toward the employee's contract and 7 calculation of service credit for classified employees under KRS 78.615 if: 8 1. The employee wor ks for a school district with a school calendar 9 approved by the Kentucky Department of Education that contains a 10 provision that additional instructional time per day shall be used to make 11 up full days missed due to an emergency; 12 2. The employee's contract requires a minimum six (6) hour work day; and 13 3. The employee's job responsibilities and work day are extended when the 14 instructional time is extended for the purposes of making up time. 15 (c) Classified employees who are regularly scheduled to work less tha n six (6) 16 hours per day and who do not have additional work responsibilities as a result 17 of lengthened student attendance days shall be excluded from the provisions 18 of this subsection. These employees may be assigned additional work 19 responsibilities to mak e up service credit under KRS 78.615 that would be 20 lost due to lengthened student attendance days. 21 Section 13. KRS 158.102 is amended to read as follows: 22 (1) The board of education for each local school district shall es tablish and maintain a 23 library media center in every elementary and secondary school to promote 24 information literacy and technology in the curriculum, and to facilitate teaching, 25 student achievement, and lifelong learning. 26 (2) (a) Schools shall employ a school media librarian to organize, equip, and manage 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 59 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA the operations of the school media library. The school media librarian shall 1 hold the appropriate certificate of legal qualifications in accordance with KRS 2 161.020 and 161.030. A certified school media l ibrarian may be employed to 3 serve two (2) or more schools in a school district with the consent of the 4 school principals[councils]. 5 (b) If a vacancy occurs, the school principal[council] may fill the vacancy on a 6 temporary basis by employing: 7 1. A person w ho is pursuing certification as a school media librarian in 8 accordance with administrative regulations promulgated by the 9 Education Professional Standards Board; or 10 2. A temporary employee for a period not to exceed sixty (60) days. 11 Section 14. KRS 158.1411 is amended to read as follows: 12 (1) For students entering grade nine (9) on or before June 30, 2025, successful 13 completion of one (1) or more courses or programs that meet the financial literacy 14 standards shall be a Kentucky public high school graduation requirement. 15 (2) For students entering grade nine (9) on or after July 1, 2025, successful completion 16 of a one (1) credit course in financial literacy shall be a Kentucky public high 17 school graduation requirement. 18 (3) The graduation requirement in subsections (1) and (2) shall also apply to a student 19 pursuing an early graduation program as established in KRS 158.142. 20 (4) The financial literacy course required in subsection (2) of this section shall align to 21 the student's individual learning plan and include but not be limited to instruction in 22 the following areas: 23 (a) Budgeting; 24 (b) Saving and investing; 25 (c) Credit and debt; 26 (d) Insurance and risk management, including but not limited to personal 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 60 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA insurance policies; 1 (e) Taxes; and 2 (f) The necessity of critical review and understanding of documents prior to 3 signing agreement or approval and the ability to provide a signature in 4 cursive. 5 (5) The financial literacy course required in subsection (2) of this section shall be 6 accepted as an elective course requirement for high school graduation 7 notwithstanding any other provisions of law. 8 (6) In accordance with KRS 156.160, the Kentucky Board of Education shall 9 promulgate administrative regulations establishing academic standards for financial 10 literacy. 11 (7) The local superintendent, after consultation with the local board of education, 12 advisory[school-based decision making] council, and principal of each high school, 13 shall determine curricula for course offerings that are aligned with the financial 14 literacy academic standards promulgated by the Kentucky Board of Education. 15 (8) The Department of Education shall develop financial literacy guidelines for local 16 schools and districts. 17 (9) Local schools and districts may consult with the Kentucky Financial Empowerment 18 Commission established in KRS 41.450 when developing and implementing the 19 financial literacy standards. 20 (10) The Department of Education shall identify through the system for uniform 21 academic course codes, which courses meet the requirements for the financial 22 literacy course required in subsection (2) of this section. 23 Section 15. KRS 158.1415 is amended to read as follows: 24 (1) If a local school board[council or, if none exists, the principal] adopts a curriculum 25 for human sexuality or sexually transmitted diseases, instruction shall include but 26 not be limited to the following content: 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 61 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (a) Abstinence from sexual activity is the desirable goal for all school -age 1 children; 2 (b) Abstinence from sexual activity is the only certain way to avoid unintended 3 pregnancy, sexually transmitted diseases, and other associ ated health 4 problems; 5 (c) The best way to avoid sexually transmitted diseases and other associated 6 health problems is to establish a permanent mutually faithful monogamous 7 relationship; 8 (d) A policy to respect parental rights by ensuring that: 9 1. Except as provided in subsection (4)(b) of this section, children in grade 10 five (5) and below do not receive any instruction through curriculum or 11 programs on human sexuality or sexually transmitted diseases; or 12 2. Any child, regardless of grade level, enrolled in the district does not 13 receive any instruction or presentation that has a goal or purpose of 14 students studying or exploring gender identity, gender expression, or 15 sexual orientation; and 16 (e) A policy to notify a parent in advance and obtain the parent's wri tten consent 17 before the parent's child in grade six (6) or above receives any instruction 18 through curriculum or programs on human sexuality or sexually transmitted 19 diseases authorized in this section. 20 (2) Any course, curriculum, or program offered by a pub lic school on the subject of 21 human sexuality provided by school personnel or by third parties authorized by the 22 school shall: 23 (a) Provide an alternative course, curriculum, or program without any penalty to 24 the student's grade or standing for students whos e parents have not provided 25 written consent as required in subsection (1)(e) of this section; 26 (b) Be subject to an inspection by parents of participating students that allows 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 62 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA parents to review the following materials: 1 1. Curriculum; 2 2. Instructional materials; 3 3. Lesson plans; 4 4. Assessments or tests; 5 5. Surveys or questionnaires; 6 6. Assignments; and 7 7. Instructional activities; 8 (c) Be developmentally appropriate; and 9 (d) Be limited to a curriculum that has been subject to the reasonable review and 10 response by stakeholders in conformity with this subsection and KRS 11 160.345(2). 12 (3) A public school offering any course, curriculum, or program on the subject of 13 human sexuality shall provide notification to the parents of a student at least two (2) 14 weeks prior to the student's planned participation in the course, curriculum, or 15 program. The notification shall: 16 (a) Inform the parents of the provisions of subsection (2) of this section; 17 (b) Provide the date the course, curriculum, or program is scheduled to begin; 18 (c) Detail the process for a parent to review the materials outlined in subse ction 19 (2) of this section; 20 (d) Explain the process for a parent to provide written consent for the student's 21 participation in the course, curriculum, or program; and 22 (e) Provide the contact information for the teacher or instructor of the course, 23 curriculum, or program and a school administrator designated with oversight. 24 (4) [Nothing in ]This section shall not prohibit school personnel from: 25 (a) Discussing human sexuality, including the sexuality of any historic person, 26 group, or public figure, where the d iscussion provides necessary context in 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 63 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA relation to a topic of instruction from a curriculum approved pursuant to KRS 1 160.345; 2 (b) Providing age -appropriate instruction on child sexual abuse through 3 curriculum or programs in accordance with the standards s et forth by the 4 National Children's Alliance and approved by the Children's Advocacy 5 Centers of Kentucky, regardless of grade level; or 6 (c) Responding to a question from a student during class regarding human 7 sexuality as it relates to a topic of instructi on from a curriculum approved 8 pursuant to KRS 160.345. 9 Section 16. KRS 158.148 is amended to read as follows: 10 (1) As used in this section: 11 (a) 1. "Bullying" means any unwanted verbal, physical, or social behavior 12 among students that involves a real or perceived power imbalance and is 13 repeated or has the potential to be repeated: 14 a. That occurs on school premises, on school -sponsored 15 transportation, or at a school-sponsored event; or 16 b. That disrupts the education process; and 17 2. This definition shall not be interpreted to prohibit civil exchange of 18 opinions or debate or cultural practices protected under the state or 19 federal Constitution where the opinion expressed does not otherwise 20 materially or substantially disrupt the education process; and 21 (b) "Parent or guardian" means a parent, legal guardian, or other person 22 exercising custodial control or supervision of a student. 23 (2) In cooperation with the Kentucky Education Association, the Kentucky School 24 Boards Association, t he Kentucky Association of School Administrators, the 25 Kentucky Association of Professional Educators, the Kentucky Association of 26 School Superintendents, the Parent -Teachers Association, the Kentucky Chamber 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 64 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA of Commerce, the Farm Bureau, members of the Int erim Joint Committee on 1 Education, and other interested groups, and in collaboration with the Center for 2 School Safety, the Department of Education shall develop or update as needed and 3 distribute to all districts by August 31 of each even-numbered year: 4 (a) Statewide student discipline guidelines to ensure safe schools, including the 5 definition of serious incident for the reporting purposes as identified in KRS 6 158.444; 7 (b) Statewide transportation services policy guidelines to ensure the safety of 8 students, operators of vehicles, and other passengers using district -provided 9 transportation; 10 (c) Recommendations designed to improve the learning environment and school 11 climate, parental and community involvement in the schools, and student 12 achievement; and 13 (d) Model policies to implement the provisions of this section and KRS 158.110, 14 158.156, 158.444, 525.070, and 525.080. 15 (3) The department shall obtain statewide data on major discipline problems and 16 reasons why students drop out of school. In addition, the de partment, in 17 collaboration with the Center for School Safety, shall identify successful strategies 18 currently being used in programs in Kentucky and in other states and shall 19 incorporate those strategies into the statewide student discipline guidelines, 20 transportation services policy guidelines, and the recommendations under 21 subsection (2) of this section. 22 (4) Copies of the statewide student discipline guidelines and the transportation services 23 policy guidelines shall be distributed to all school districts. The statewide student 24 discipline guidelines shall contain broad principles and legal requirements to guide 25 local districts in the development of their own code of acceptable behavior and 26 discipline; the selection of discipline and classroom management tech niques by 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 65 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA school principals[councils] under KRS 158.155 and 160.345; the development of 1 the district transportation services policy; and the development of the district -wide 2 safety plan. 3 (5) (a) Each local board of education shall adopt a code of acceptabl e behavior and 4 discipline based on the statewide student discipline guidelines that shall apply 5 to the students in each school operated by the board. The code shall be 6 updated no less frequently than every two (2) years. 7 (b) The superintendent, or designee, shall be responsible for overall 8 implementation and supervision, and each school principal shall be 9 responsible for administration and implementation of[ within each school. 10 Each school council shall select and implement] the appropriate discipline and 11 classroom management techniques necessary to carry out the code. The board 12 shall establish a process for a two -way communication system for teachers 13 and other employees to notify a principal, supervisor, or other administrator of 14 an emergency. 15 (c) The code shall prohibit bullying. 16 (d) The code shall contain the standard of behavior expected from each student, 17 the consequences of failure to obey the standards, and the importance of the 18 standards to the maintenance of a safe lear ning environment where orderly 19 learning is possible and encouraged. 20 (e) The code shall contain: 21 1. Procedures for identifying, documenting, and reporting incidents of 22 bullying, incidents of violations of the code, and incidents for which 23 reporting is required under KRS 158.156; 24 2. Procedures for investigating and responding to a complaint or a report of 25 bullying or a violation of the code, or of an incident for which reporting 26 is required under KRS 158.156, including reporting incidents to the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 66 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA parents or guardians of the students involved; 1 3. A strategy or method of protecting a complainant or person reporting: 2 a. An incident of bullying; 3 b. A violation of the code; or 4 c. An incident for which reporting is required under KRS 158.156; 5 from retaliation; 6 4. A process for informing students, parents or guardians, and school 7 employees of the requirements of the code and the provisions of this 8 section and KRS 158.156, 158.444, 525.070, and 525.080, including 9 training for school employees; and 10 5. Information regard ing the consequences of bullying and violating the 11 code and violations reportable under KRS 158.155, 158.156, or 158.444. 12 (f) The principal of each school shall apply the code of acceptable behavior and 13 discipline uniformly and fairly to each student at th e school without partiality 14 or discrimination. 15 (g) A copy of the code of acceptable behavior and discipline adopted by the board 16 of education shall be posted at each school. Guidance counselors shall be 17 provided copies for discussion with students. The cod e shall be referenced in 18 all school handbooks. All school employees and parents or guardians shall be 19 provided copies of the code. 20 (6) (a) Each local board of education shall adopt a transportation services policy to 21 apply to students while on transportation provided for or by the district, and to 22 their parents or guardians. The policy shall be updated no less frequently than 23 every two (2) years, with the first update being completed by the first 24 instructional day of the 2024-2025 school year. 25 (b) The super intendent or designee shall be responsible for overall 26 implementation and supervision. The board shall select and implement the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 67 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA appropriate discipline and transportation management techniques necessary to 1 carry out the policy. The board shall establish a p rocess for a two -way 2 communication system for bus drivers and other employees, volunteers, or 3 contractors to notify a supervisor, superintendent, or other administrator of an 4 emergency. 5 (c) The policy shall contain the standard of behavior expected from ea ch student 6 while being transported by or for the district and the consequences of failure 7 to obey the standards. The policy shall include: 8 1. Procedures for identifying, documenting, and reporting incidents of 9 bullying, incidents of violations of the polic y, and incidents for which 10 reporting is required under KRS 158.156; 11 2. Procedures for investigating and responding to a complaint or a report of 12 bullying or a violation of the policy, or of an incident for which 13 reporting is required under KRS 158.156, inc luding reporting incidents 14 to the parents or guardians of the students involved; 15 3. A strategy or method of protecting a complainant or person reporting a 16 violation of the policy from retaliation; 17 4. When a student is alleged by an operator of transportati on to have 18 committed a violation of the policy that places the student or others at 19 risk of physical harm or otherwise makes it unsafe for the driver to 20 continue transporting students, and as permitted by state and federal law, 21 a process that allows the operator of the vehicle to: 22 a. Refuse further transportation of the student at the time of the 23 incident, upon notification of the emergency pursuant to paragraph 24 (b) of this subsection, and transfer the student to: 25 i. An appropriate district official who has reported to the 26 location of the vehicle; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 68 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA ii. An appropriate district official located at a location 1 designated in the transportation services policy or by an 2 appropriate district official, including but not limited to a bus 3 compound or transfer station; 4 iii. Law enforcement; or 5 iv. The student's parent or guardian; and 6 b. Upon filing and submitting a written report to the superintendent 7 or designee, refuse future transportation of the student until an 8 interim or final determination of disciplinary action by the 9 superintendent or designee pursuant to local board policy; 10 5. For alleged violations of the policy not covered by subparagraph 4. of 11 this paragraph and submitted by the operator of the vehicle, a 12 requirement that the superintendent or designee issue an interim or final 13 determination of disciplinary action pursuant to local board policy 14 within one (1) week of the report being submitted; 15 6. A process allowing for the operator of a vehicle to: 16 a. File a written or electronic complaint or report of the m isconduct, 17 including a recommendation regarding revocation of the student's 18 transportation privileges; and 19 b. Be heard during any disciplinary proceedings against a student 20 relating, at least in part, to misconduct that occurred during the 21 operator's transportation of the student; 22 7. A requirement that any recommendation by the operator of a vehicle 23 shall be considered by the superintendent or designee as a factor in the 24 interim or final determination of disciplinary action on the complaint or 25 report; 26 8. A requirement that the operator of a vehicle, to the extent permitted by 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 69 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA law, receive written notice from the superintendent or designee of the 1 investigation, disciplinary action imposed, and reasoning in response to 2 the reported misconduct; and 3 9. A disciplinary structure that provides for: 4 a. Interventions or disciplinary consequences that reflect the severity 5 of the violation; and 6 b. Increased intervention and consequences upon subsequent 7 violations of the policy. 8 (d) The policy shall contain the standard of behavior expected from parents or 9 guardians of students being transported by or for the district while interacting 10 with district transportation staff and the consequences of failure to follow the 11 standards. The policy shall include: 12 1. Procedures for i nvestigating and responding to a complaint or report 13 made by an operator of transportation alleging parent or legal guardian 14 misconduct; 15 2. A requirement that the operator of a vehicle be provided an opportunity 16 to be heard and to make a recommendation reg arding future 17 transportation of the student during any disciplinary proceedings 18 relating, at least in part, to alleged misconduct by the student's parent or 19 guardian and the impact upon a student's transportation privileges; and 20 3. An intervention or conse quences structure that provides for the 21 placement of conditions upon or revocation of a student's transportation 22 privileges based upon parent or guardian misconduct that provides for: 23 a. Interventions or consequences that reflect the severity of the parent 24 or guardian's misconduct; and 25 b. Increased intervention and consequences upon subsequent 26 violations of the policy. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 70 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (e) The policy shall include references to relevant criminal violations based on 1 potential misconduct covered by the policy, including but n ot limited to the 2 following statements: 3 1. "KRS 511.020 makes it a Class B felony for a person, with the intent to 4 commit a crime, knowingly entering or remaining unlawfully upon a 5 school bus, and when in effecting entry or while upon the school bus or 6 in the immediate flight therefrom, the person or another participant in 7 the crime causes physical injury to another person or uses or threatens 8 the use of a dangerous instrument against another person."; 9 2. "KRS 508.078 makes it a Class C felony for a person to intentionally 10 threaten to commit any act likely to result in death or serious physical 11 injury to any employee of an elementary or secondary school, which 12 includes a school bus driver."; 13 3. "KRS 508.025 makes it a Class D felony for a person to recklessl y, with 14 a deadly weapon or dangerous instrument, or intentionally cause or 15 attempt to cause physical injury to a school bus driver or other school 16 employee acting in the course and scope of their employment."; 17 4. "KRS 519.020 makes it a Class A misdemeanor for a person to obstruct 18 governmental operations, which includes intentionally obstructing, 19 impairing, or hindering the performance of a governmental function by 20 using or threatening to use violence, force or physical interference."; and 21 5. "KRS 525.070 makes it a Class B misdemeanor for a person, with intent 22 to intimidate, harass, annoy, or alarm another person, to strike, shove, 23 kick, or otherwise subject another to physical contact.". 24 (f) The policy shall include a process for an operator of a vehicle, upon the 25 reinstatement of a student's transportation privileges after an interim or final 26 determination of disciplinary action, to elect to receive an alternate route 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 71 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA assignment in lieu of transporting the student. 1 (g) The superintendent or designee of eac h district shall apply the transportation 2 services policy uniformly and fairly to each student without partiality or 3 discrimination. 4 (h) The superintendent or designee shall require every student in the district and 5 at least one (1) parent or guardian of each student to acknowledge in writing 6 the receipt, comprehension, and agreement of adherence to the transportation 7 safety policy within s even (7) days of the student's first day of attendance 8 during each school year. Failure to submit written acknowledgement by a 9 student or their parent or guardian may be grounds for revocation of a 10 student's transportation privileges until the acknowledgme nt is properly 11 received. 12 (7) Any action under this section related to students with disabilities shall be in 13 compliance with applicable federal law. 14 Section 17. KRS 158.150 is amended to read as follows: 15 (1) All students admitted to the common schools shall comply with the lawful 16 regulations for the government of the schools: 17 (a) Willful disobedience or defiance of the authority of the teachers or 18 administrators, use of profanity or vulgarity, assault or battery or abuse of 19 other students, the threat of force or violence, the use or possession of alcohol 20 or drugs, stealing or destruction or defacing of school property or personal 21 property of students, the carrying or use of weapons or dangerous instruments, 22 or other incorrigible bad conduct on school property, as well as off school 23 property at school -sponsored activities, constitutes cause for suspension or 24 expulsion from school; and 25 (b) Assault or battery or ab use of school personnel; stealing or willfully or 26 wantonly defacing, destroying, or damaging the personal property of school 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 72 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA personnel on school property, off school property, or at school -sponsored 1 activities constitutes cause for suspension or expulsion from school. 2 (2) (a) Each local board of education shall adopt a policy requiring the expulsion 3 from school for a period of at least twelve (12) months for a student who: 4 1. Is determined by the board through clear and convincing evidence to 5 have made thre ats that pose a danger to the well -being of students, 6 faculty, or staff of the district; or 7 2. Is determined by the board to have brought a weapon to a school under 8 its jurisdiction. In determining whether a student has brought a weapon 9 to school, a local board of education shall use the definition of "unlawful 10 possession of a weapon on school property" stated in KRS 527.070. 11 (b) The board shall also adopt a policy requiring disciplinary actions, up to and 12 including expulsion from school, for a student who is determined by the board 13 to have: 14 1. Possessed prescription drugs or controlled substances for the purpose of 15 sale or distribution at a school under the board's jurisdiction; 16 2. Physically assaulted or battered or abused educational personnel or other 17 students at a school or school function under the board's jurisdiction; or 18 3. Physically assaulted, battered, or abused educational personnel or other 19 students off school property and the incident is likely to substantially 20 disrupt the educational process. 21 (3) (a) The board may modify the expulsion requirement and length for students on a 22 case-by-case basis, except the length of expulsion shall be at least twelve (12) 23 months for a violation set forth in subsection (2)(a) of this section. 24 (b) [Nothing in ] This section shall not prohibit a board from expelling a student 25 for longer than twelve (12) months. 26 (c) A board that has expelled a student from the student's regular school setting 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 73 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA shall provide or ensure that educational services are provided to the student in 1 an appropriate alternative program or setting, unless the board has made a 2 determination, on the record, supported by clear and convincing evidence, that 3 the expelled student posed a threat to the safety of other students or school 4 staff and could not be placed into a state -funded agency program. Behavior 5 which constitutes a threat shall include but not be limited to the physical 6 assault, battery, or abuse of others; the threat of physical force; being under 7 the influence of drugs or alcohol; the use, possession, sale, or transfer of drugs 8 or alcohol; the carrying, possessing, or transfer of weapons or dangerous 9 instruments; and any other behavior which may endanger the safety of others. 10 Other intervention services as indicated for each student may be pr ovided by 11 the board or by agreement with the appropriate state or community agency. A 12 state agency that provides the service shall be responsible for the cost. 13 (d) 1. In lieu of expelling a student, or upon the expiration of a student's 14 expulsion, a superi ntendent may place a student into an alternative 15 program or setting if the superintendent determines placement of the 16 student in his or her regular school setting is likely to substantially 17 disrupt the education process or constitutes a threat to the safet y of other 18 students or school staff. The action shall not be taken until the parent, 19 guardian, or other person having legal custody or control of the student 20 has had an opportunity to have a hearing before the board or an appeals 21 committee as described in subparagraph 2. of this paragraph. 22 2. The board may adopt a policy to establish an appeals committee and 23 delegate the authority to hear appeals made under this paragraph to that 24 committee. 25 3. The alternative program or setting may be provided virtually. 26 4. Notwithstanding any other statute or administrative regulation to the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 74 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA contrary, students placed in an alternative program or setting under this 1 paragraph shall be counted in attendance and membership for state 2 funding purposes in the same manner as other students participating in 3 alternative programs of the district. 4 5. Students placed in an alternative program or setting under this paragraph 5 shall be subject to compulsory attendance requirements under KRS 6 Chapter 159 and applicable local board policy. 7 6. Following the initial alternative placement of a student under this 8 paragraph, the board shall review the alternative program or setting 9 placement at least once per year and determine if the placement should 10 be continued in accordance with subparagraph 1. of this paragraph. 11 (4) As used in [For purposes of] this subsection, "charges" means substantiated 12 behavior that falls within the grounds for suspension or expulsion enumerated in 13 subsection (1) of this section, including behavior committed by a student whi le 14 enrolled in a private or public school, or in a school within another state. A school 15 board may adopt a policy providing that, if a student is suspended or expelled for 16 any reason or faces charges that may lead to suspension or expulsion but withdraws 17 prior to a hearing from any public or private school in this or any other state, the 18 receiving district may review the details of the charges, suspension, or expulsion 19 and determine if the student will be admitted, and if so, what conditions may be 20 imposed upon the admission, which may include placement of the student into an 21 alternative program or setting as described in subsection (3)(d) of this section. 22 (5) (a) School administrators, teachers, or other school personnel may immediately 23 remove or cause to b e removed threatening or violent students from a 24 classroom setting or from the district transportation system pending any 25 further disciplinary action that may occur. Each board of education shall adopt 26 a policy to assure the implementation of this section and to assure the safety 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 75 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA of the students and staff. 1 (b) Except as described in subsection (10) of this section: 2 1. A principal may establish procedures for a student's removal from and 3 reentry to the classroom when the student's behavior disrupts the 4 classroom environment and education process or the student challenges 5 the authority of a supervising adult. In addition to removal, the student 6 shall be subject to further disciplin e for the behavior consistent with the 7 school's code of conduct. 8 2. A student who is removed from the same classroom three (3) times 9 within a thirty (30) day period shall be considered chronically disruptive 10 and may be suspended from school in accordance w ith this section, and 11 no other basis for suspension shall be deemed necessary. 12 3. At any time during the school year, for a student who has been removed 13 from the classroom under this paragraph, a principal may require a 14 review of the classroom issues with the teacher and the parent, guardian, 15 or other person having legal custody or control of the student and 16 determine a course of action for the teacher and student regarding the 17 student's continued placement in the classroom. 18 4. At any time during the school year, a principal may permanently remove 19 a student from a classroom for the remainder of the school year if the 20 principal determines the student's continued placement in the classroom 21 will chronically disrupt the education process for other students. 22 5. When a student is removed from a classroom under this paragraph 23 temporarily or permanently, the principal shall determine the placement 24 of the student in lieu of that classroom, which may include but is not 25 limited to: 26 a. Another classroom in that school; or 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 76 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA b. An alternative program or setting, which may be provided 1 virtually, as approved by the superintendent. 2 6. Any permanent action by a principal under this paragraph shall be 3 subject to an appeal process in accordance with a policy adopted by the 4 board. 5 7. Policies compliant with this paragraph shall be included in the code of 6 behavior and discipline adopted by the board of education under KRS 7 158.148 and the school-based policies adopted by the school 8 principal[council] under KRS 160.345. 9 (6) A student s hall not be suspended from the common schools until after at least the 10 following due process procedures have been provided: 11 (a) The student has been given oral or written notice of the charge or charges 12 against him or her which constitute cause for suspension; 13 (b) The student has been given an explanation of the evidence of the charge or 14 charges if the student denies them; and 15 (c) The student has been given an opportunity to present his or her own version of 16 the facts relating to the charge or charges. 17 These due process procedures shall precede any suspension from the common 18 schools unless immediate suspension is essential to protect persons or property or to 19 avoid disruption of the ongoing academic process. In such cases, the due process 20 procedures outlined above shall follow the suspension as soon as practicable, but no 21 later than three (3) school days after the suspension. 22 (7) (a) The superintendent, principal, assistant principal, or head teacher of any 23 school may suspend a student but shall report the a ction in writing 24 immediately to the superintendent and to the parent, guardian, or other person 25 having legal custody or control of the student. 26 (b) 1. The board of education of any school district may expel or extend the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 77 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA expulsion of any student for miscon duct as described in subsection (1) 1 of this section, but the action shall not be taken until the parent, 2 guardian, or other person having legal custody or control of the student 3 has had an opportunity to have a hearing before the board. The decision 4 of the board shall be final. 5 2. Within thirty (30) days prior to the end of a student's expulsion, the 6 board shall review the details of the expulsion and current factors and 7 circumstances, including if ending the expulsion will substantially 8 disrupt the educati on process or constitute a threat to the safety of 9 students or school staff, to determine if the expulsion shall be extended 10 for a period not to exceed twelve (12) months. 11 3. The expulsion review process shall be used prior to the end of each 12 expulsion period until the board ends the expulsion or the student is no 13 longer subject to compulsory attendance under KRS 159.010. 14 4. Each board of education shall adopt a policy for implementation of the 15 process described in this paragraph. 16 (8) (a) Suspension of exce ptional children, as defined in KRS 157.200, shall be 17 considered a change of educational placement if: 18 1. The child is removed for more than ten (10) consecutive days during a 19 school year; or 20 2. The child is subjected to a series of removals that constitut e a pattern 21 because the removals accumulate to more than ten (10) school days 22 during a school year and because of other factors, such as the length of 23 each removal, the total amount of time the child is removed, and the 24 proximity of removals to one another. 25 (b) The admissions and release committee shall meet to review the placement and 26 make a recommendation for continued placement or a change in placement 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 78 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA and determine whether regular suspension or expulsion procedures apply. 1 Additional evaluations shall be completed, if necessary. 2 (c) If the admissions and release committee determines that an exceptional child's 3 behavior is related to his or her disability, the child shall not be suspended any 4 further or expelled unless the current placement could result in injury to the 5 child, other ch ildren, or the educational personnel, in which case an 6 appropriate alternative placement shall be provided that will provide for the 7 child's educational needs and will provide a safe learning and teaching 8 environment for all. If the admissions and release committee determines that 9 the behavior is not related to the disability, the local educational agency may 10 pursue its regular suspension or expulsion procedure for the child, if the 11 behavior so warrants. However, educational services shall not be terminated 12 during a period of expulsion and during a suspension after a student is 13 suspended for more than a total of ten (10) days during a school year. A 14 district may seek temporary injunctive relief through the courts if the parent 15 and the other members of the ad missions and release committee cannot agree 16 upon a placement and the current placement will likely result in injury to the 17 student or others. 18 (9) Suspension of primary school students shall be considered only in exceptional cases 19 where there are safety issues for the child or others. 20 (10) Any action under this section related to students with disabilities shall be in 21 compliance with applicable federal law. 22 (11) [Nothing in ] This section shall not be interpreted or construed to preclude the 23 requirements contained in KRS 158.305 or 158.4416. 24 Section 18. KRS 158.153 is amended to read as follows: 25 (1) Unless the action is taken pursuant to KRS 158.150, no school, school 26 administrator, teacher, or other school employee shall ex pel or punish a child based 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 79 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA on information contained in a record of an adjudication of delinquency or 1 conviction of an offense received by the school pursuant to KRS 610.345 or from 2 any other source. [Nothing in ] This subsection shall not be construed to p rohibit a 3 local school board or school official from instituting disciplinary proceedings 4 against any student for violating the discipline policy of the school or school district 5 or taking actions necessary to protect staff and students. Actions to protect staff and 6 students may be taken only after the principal makes a determination that the 7 conduct of the student reflected in the records of the school or obtained by the 8 school from the court indicates a substantial likelihood of an immediate and 9 continuing threat that the student will cause harm to students or staff, and that the 10 restrictions to be ordered represent the least restrictive alternative available and 11 appropriate to remedy the threat, and that the determination and supporting material 12 be documented in the child's record. The action of the principal, in addition to or in 13 lieu of any other procedure available, may be appealed by the child or the child's 14 parent or guardian to the superintendent of the school system or to the Circuit Court 15 in the co unty in which the school is located, and the appealing party may be 16 represented by counsel. 17 (2) Except as provided in KRS 610.345, no school, school administrator, teacher, or 18 other school employee who has custody of records received or maintained by the 19 school pursuant to KRS 610.345 or who has received information contained in or 20 relating to a record received by the school pursuant to KRS 610.345 shall disclose 21 the fact of the record's existence, or any information contained in the record or 22 received from the record to any other person, including but not limited to other 23 teachers, school employees, pupils, or parents other than the pupil, or parents of the 24 pupil who is the subject of the record. 25 (3) The child and his or her parent or guardian shall have a civil cause of action against 26 the school board and against any school administrator violating subsection (1) or (2) 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 80 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA of this section or divulging information in violation of KRS 610.345 or 610.340. 1 This civil cause of action shall be in addition to any other criminal or administrative 2 remedy provided by law. 3 (4) [Nothing in ] This section shall not be construed to prohibit a local board of 4 education from establishing districtwide standards of behavior for students who 5 participate in extracurricular and cocurr icular activities, including athletics. A 6 school principal may deny or terminate a student's eligibility to participate in 7 extracurricular or cocurricular activities if the student has violated the local district 8 behavior standards or the principal's[council's] criteria for participation, as 9 described in KRS 160.345(2)(i)8. A student's right to participate in extracurricular 10 or cocurricular activities, including athletics, may be suspended, pending 11 investigation of an allegation that the standards of behavior have been violated. 12 Section 19. KRS 158.162 is amended to read as follows: 13 (1) As used in this section: 14 (a) "Emergency management response plan" or "emergency plan" means a 15 written document to prevent, mitigate, prepa re for, respond to, and recover 16 from emergencies; and 17 (b) "First responders" means local fire, police, and emergency medical personnel. 18 (2) (a) Each local board of education shall require the [ school council or, if none 19 exists, the] principal in each schoo l building in his or her [its] jurisdiction to 20 adopt an emergency plan. The emergency plan shall include: 21 1. Procedures to be followed in case of medical emergency, fire, severe 22 weather, earthquake, or a building lockdown as defined in KRS 23 158.164; 24 2. A written cardiac emergency response plan; and 25 3. A copy of the data created through the School Mapping Data Program 26 pursuant to KRS 158.4433 or, if the school mapping data is unavailable, 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 81 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA a diagram of the facility that clearly identifies the location of each 1 automated external defibrillator. 2 (b) The emergency plan shall be provided to appropriate first responders and all 3 school staff. 4 (c) The emergency plan shall be reviewed following the end of each school year 5 by the school nurse, advisory[school] council, th e principal, and first 6 responders and revised as needed. 7 (d) The principal shall discuss the emergency plan with all school staff prior to 8 the first instructional day of each school year and document the time and date 9 of any discussion. 10 (e) The cardiac emergency response plan shall be rehearsed by simulation prior to 11 the beginning of each athletic season by all: 12 1. Licensed athletic trainers, school nurses, and athletic directors; and 13 2. Interscholastic coaches and volunteer coaches of each athletic team 14 active during that athletic season. 15 (f) The emergency plan shall be excluded from the application of KRS 61.870 to 16 61.884. 17 (3) Each local board of education shall require the [ school council or, if none exists, 18 the] principal in each school building to: 19 (a) Establish primary and secondary evacuation routes for all rooms located 20 within the school and shall post the routes in each room by any doorway used 21 for evacuation; 22 (b) Identify the best available severe weather safe zones, in consultation with 23 local and state safety officials and informed by guiding principles set forth by 24 the National Weather Service and the Federal Emergency Management 25 Agency, and post the location of safe zones in each room of the school; 26 (c) Develop practices for students to follow during an earthquake; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 82 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (d) Develop and adhere to practices to control the access to each school building. 1 Practices shall include but not be limited to: 2 1. Controlling outside access to exterior doors during the school day; 3 2. Controlling the main entrance of the school with electronically locking 4 doors, a camera, and an intercom system; 5 3. Controlling access to individual classrooms; 6 4. Requiring classroom doors to be equipped with hardware that allows the 7 door to be locked from the outside but opened from the inside; 8 5. Requiring classroom doors to remain closed and locked during 9 instructional time, except: 10 a. In instances in which only one (1) student and one (1) adult are in 11 the classroom; or 12 b. When approved in writing by the state school security marshal; 13 6. Requiring classroom doors with windows to be equipped with material 14 to quickly cover the window during a building lockdown; 15 7. Allowing for the use of secondary locking mechanisms on classroom 16 doors, notwithstanding any provisions of the Kentucky Bu ilding Code 17 promulgated pursuant to KRS Chapter 198B to the contrary; 18 8. Requiring all visitors to report to the front office of the building, provide 19 valid identification, and state the purpose of the visit; and 20 9. Providing a visitor's badge to be visibl y displayed on a visitor's outer 21 garment; 22 (e) Maintain a portable automated external defibrillator in a public, readily 23 accessible, well -marked location in every school building and, as funds 24 become available, at school -sanctioned athletic practices and co mpetitions 25 and: 26 1. Adopt procedures for the use of the portable automated external 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 83 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA defibrillator during an emergency; 1 2. Adopt policies for compliance with KRS 311.665 to 311.669 on 2 training, maintenance, notification, and communication with the local 3 emergency medical services system; 4 3. Ensure that a minimum of three (3) employees in the school and all 5 interscholastic athletic coaches be trained on the use of a portable 6 automated external defibrillator in accordance with KRS 311.667; 7 4. Ensure that all in terscholastic athletic coaches maintain a 8 cardiopulmonary resuscitation certification recognized by a national 9 accrediting body on heart health; and 10 5. No later than November 1 of each school year, submit an annual report 11 to the Kentucky Department of Education on: 12 a. The number and location of each portable automated external 13 defibrillator in every school building; 14 b. The name, school, and training date of each school district 15 employee and interscholastic athletic coach in the district trained 16 in the use of a portable automated external defibrillator; and 17 c. The progress made towards having a portable automated external 18 defibrillator at all school -sanctioned athletic practices and 19 competitions; and 20 (f) Require development of an event -specific emergency acti on plan for each 21 school-sanctioned nonathletic event held off -campus to be used during a 22 medical emergency, which may include the provision of a portable automated 23 external defibrillator. The plan shall: 24 1. Include a delineation of the roles of staff and e mergency personnel, 25 methods of communication, any assigned emergency equipment 26 including a portable automated external defibrillator, a cardiac 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 84 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA emergency response plan, and access to and plan for emergency 1 transport; and 2 2. Be in writing and distributed to any member of school personnel 3 attending the school-sanctioned event in an official capacity. 4 (4) All schools shall be in compliance with the provisions of subsection (3)(d) of this 5 section. 6 (5) (a) Each local board of education shall require the principal in each public school 7 building in its jurisdiction to conduct, at a minimum, emergency response 8 drills to include: 9 1. One (1) severe weather drill, one (1) earthquake drill, and one (1) 10 lockdown drill within the first thir ty (30) instructional days of each 11 school year and again during the month of January; and 12 2. The emergency response plan rehearsal by simulation required by 13 subsection (2) of this section and the venue -specific emergency action 14 plan rehearsal by simulation required by KRS 160.445(5) prior to the 15 beginning of each athletic season. 16 (b) Required fire drills shall be conducted according to administrative regulations 17 promulgated by the Department of Housing, Buildings and Construction. 18 Whenever possible, first r esponders shall be invited to observe emergency 19 response drills. 20 (6) No later than November 1 of each school year, a local district superintendent shall 21 send verification to the Kentucky Department of Education that all schools within 22 the district are in compliance with the requirements of this section. 23 (7) A district with a school not in compliance with the requirements of subsection 24 (3)(d) of this section by July 1, 2022, shall not be eligible for approval by the 25 Kentucky Department of Education for new b uilding construction or expansion in 26 the 2022 -2023 school year and any subsequent year without verification of 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 85 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA compliance, except for facility improvements that specifically address the school 1 safety and security requirements of this section, when deemed n ecessary for the 2 protection of student or staff health and safety, or to comply with other legal 3 requirements or orders. 4 Section 20. KRS 158.164 is amended to read as follows: 5 (1) As used in this section, "building lockd own" means to restrict the mobility of 6 building occupants to maintain their safety and care. 7 (2) Each local board of education shall require the [ school council or, if none exists, 8 the] principal in each public school building in his or her [its] jurisdiction to 9 establish procedures to perform a building lockdown, including protective measures 10 to be taken during and immediately following the lockdown. Local law enforcement 11 agencies shall be invited to assist in establishing lockdown procedures. 12 (3) Students, certified staff, and classified staff shall be informed annually of building 13 lockdown procedures. 14 (4) A building lockdown practice shall be held at least twice during each school year, 15 with at least one (1) practice being held within the first thirty (30) instructional days 16 of the school year and one (1) practice being held during the month of January. 17 Section 21. KRS 158.186 is amended to read as follows: 18 Before September 15 of each year, the commissioner of education shall: 19 (1) Email[E-mail] electronic copies or send paper copies of KRS 158.183 and 158.195 20 directly to each local school board, school principal, advisory [ school -based 21 decision making] council, and certified employee in Kentucky; and 22 (2) Certify compliance with this section to the Interim Joint Committee on Education 23 by submitting to the committee: 24 (a) A copy of all materials, other than the statutes, sent as part of the notice; and 25 (b) The dates materials were sent. 26 Section 22. KRS 158.197 is amended to read as follows: 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 86 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (1) A school principal [school-based decision making council] under administrative 1 regulations of the Kentucky Board of Education may offer students in grade nine 2 (9) or above: 3 (a) An elective social studies course on the Hebrew Scriptures, Old Testament of 4 the Bible; 5 (b) An elective social studies course on the New Testament of the Bible; or 6 (c) An elective social studies course on the Hebrew Scriptures and the New 7 Testament of the Bible. 8 (2) The purpose of a course under this section is to: 9 (a) Teach students knowledge of biblical content, characters, poetry, and 10 narratives that are prerequisites to understanding contemporary society and 11 culture, including literature, art, music, mores, oratory, and public policy; and 12 (b) Familiarize students with, as applicable: 13 1. The contents of the Hebrew Scriptures or New Testament; 14 2. The history of the Hebrew Scriptures or New Testament; 15 3. The literary style and structure of the Hebrew Scriptures or New 16 Testament; and 17 4. The influence of the Hebrew Scripture s or New Testament on law, 18 history, government, literature, art, music, customs, morals, values, and 19 culture. 20 (3) A student shall not be required to use a specific translation as the sole text of the 21 Hebrew Scriptures or New Testament and may use as the ba sic textbook a different 22 translation of the Hebrew Scriptures or New Testament from that chosen by the 23 advisory[school] council. 24 (4) A course offered under this section shall follow applicable law and all federal and 25 state guidelines in maintaining religio us neutrality and accommodating the diverse 26 religious views, traditions, and perspectives of students in the school. A course 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 87 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA under this section shall not endorse, favor, or promote, or disfavor or show hostility 1 toward, any particular religion or nonrelig ious faith or religious perspective. A 2 school principal [school-based decision making council] , in complying with this 3 section, shall not violate any provision of the United States Constitution or federal 4 law, the Kentucky Constitution or any state law, or any administrative regulations 5 of the United States Department of Education or the Kentucky Department of 6 Education. 7 (5) [Any school council organized pursuant to KRS 160.345 or, if none exists, ] The 8 principal[,] may authorize the display of historic arti facts, monuments, symbols, 9 and texts, including but not limited to religious materials, in conjunction with a 10 course of study that includes an elective course in history, civilization, ethics, 11 comparative religion, literature, or other subject area that us es such artifacts, 12 monuments, symbols, and texts as instructional material if the display is: 13 (a) Appropriate to the overall educational purpose of the course; and 14 (b) Consistent with the requirements of KRS 42.705. 15 Section 23. KRS 158.301 is amended to read as follows: 16 (1) The General Assembly finds that: 17 (a) The chief cause of skin cancer is exposure to ultraviolet rays from natural 18 sunlight and artificial sources; 19 (b) According to the American Cancer Society, skin canc er is one (1) of the most 20 common types of cancer in the United States, with one (1) in five (5) 21 Americans developing skin cancer in his or her lifetime and one (1) American 22 dying from skin cancer every hour; 23 (c) The lifetime risk of getting skin cancer is linked to sun exposure and sunburn 24 during childhood and adolescence; 25 (d) World and national health organizations have published guidelines or 26 instructional materials regarding sun safety and skin cancer prevention for 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 88 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA schools; and 1 (e) Schools have the pote ntial to positively influence pupil behavior regarding 2 skin cancer prevention. 3 (2) The General Assembly hereby encourages each public school to provide age -4 appropriate education to all students on the risks associated with exposure to 5 ultraviolet rays from natural sunlight and artificial sources. 6 (a) The education should be included within the existing health curriculum as 7 required by KRS 156.160(1)(a) and in accordance with the curriculum policy 8 adopted by the [ school-based decision making council or, if n one exists, by 9 the] school principal. 10 (b) The education should be consistent with guidelines published by world or 11 national health organizations and should include, but not be limited to: 12 1. The facts and statistics about skin cancer; 13 2. The cause and impact of skin cancer; and 14 3. Strategies and behaviors to reduce individual risks for skin cancer. 15 (c) The Kentucky Department of Education shall provide instructional resources, 16 including information from national standards and health organizations. 17 Section 24. KRS 158.4414 is amended to read as follows: 18 (1) Local boards of education, school district superintendents, administrators of state -19 controlled facilities, and local and state law enforcement agencies shall cooperate to 20 assign one (1) or more certified school resource officers to serve each campus 21 where one (1) or more school buildings are used to deliver instruction to students on 22 a continuous basis. 23 (2) Local boards of education shall ensure, for each campus in the district, that at least 24 one (1) certified school resource officer is assigned to and work ing on-site full-time 25 in the school building or buildings on the campus. If sufficient funds and qualified 26 personnel are not available for this purpose for every campus, the local board of 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 89 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA education shall fulfill the requirements of this subsection on a pe r campus basis, as 1 approved in writing by the state school security marshal, until a certified school 2 resource officer is assigned to and working on -site full-time on each campus in the 3 district. 4 (3) Beginning with the 2026-2027 school year, a local board of education that is unable 5 to meet the requirement of subsection (2) of this section may, after consultation 6 with and approval by the state school security marshal, employ one (1) or more 7 guardians pursuant to KRS 158.4431 to provide safety and security m easures for 8 schools within the district. The use of guardians under this subsection shall not be 9 used to replace the certified school resource officer required under subsection (2) of 10 this section, but only to provide safety and security resources until a certified school 11 resource officer is available. 12 (4) Beginning with the 2026 -2027 school year, a local board of education that has met 13 the requirement of subsection (2) of this section may employ one (1) or more 14 guardians pursuant to KRS 158.4431 to provide additional school safety and 15 security measures within the district. 16 (5) Local boards of education utilizing a school resource officer employed by a law 17 enforcement agency or the Department of Kentucky State Police shall enter into a 18 memorandum of understanding with the law enforcement agency or the Department 19 of Kentucky State Police that specifically states the purpose of the school resource 20 officer program and clearly defines the roles and expectations of each party 21 involved in the program. The memorandu m shall provide that the school resource 22 officer shall not be responsible for school discipline matters that are the 23 responsibility of school administrators or school employees. 24 (6) Local boards of education utilizing a school resource officer employed dir ectly by 25 the local board of education shall adopt policies and procedures that specifically 26 state the purpose of the school resource officer program and clearly define the roles 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 90 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA and expectations of school resource officers and other school employees. 1 (7) In accordance with KRS 61.926, 527.020, and 527.070, as applicable, each school 2 resource officer shall be armed with a firearm, notwithstanding any provision of 3 local board policy, school-based[local school council] policy, or memorandum of 4 agreement. 5 (8) The Kentucky Law Enforcement Council, in collaboration with the Center for 6 School Safety, shall promulgate administrative regulations in accordance with KRS 7 Chapter 13A to establish, update, and maintain three (3) levels of training for 8 certification of sch ool resource officers as follows: School Resource Officer 9 Training I (SRO I), School Resource Officer Training II (SRO II), and School 10 Resource Officer Training III (SRO III). Each level shall consist of forty (40) hours 11 of training, with SRO I to be compl eted within one (1) year of the date of the 12 officer's employment and SRO II and SRO III within the subsequent two (2) years. 13 (9) Course curriculum for school resource officers shall include but not be limited to: 14 (a) Foundations of school-based law enforcement; 15 (b) Threat assessment and response; 16 (c) Youth drug use and abuse; 17 (d) Social media and cyber security; 18 (e) School resource officers as teachers and mentors; 19 (f) Youth mental health awareness; 20 (g) Diversity and bias awareness training; 21 (h) Trauma-informed action; 22 (i) Understanding students with special needs; and 23 (j) De-escalation strategies. 24 (10) All school resource officers with active school resource officer certification status 25 shall successfully complete forty (40) hours of annual in -service training that has 26 been certified or recognized by the Kentucky Law Enforcement Council for school 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 91 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA resource officers. 1 (11) In the event of extenuating circumstances beyond the control of an officer that 2 prevent the officer from completing the in -service training within one (1) year, the 3 commissioner of the Department of Criminal Justice Training or a designee may 4 grant the officer an extension of time, not to exceed one hundred eighty (180) days, 5 in which to complete the training. 6 (12) Any school resource officer who fails to successfully complete training 7 requirements within the specified time periods, including any approved time 8 extensions, shall lose his or her school resource officer certification and shall no 9 longer serve in the capacity of a school resource officer in a school. 10 (13) When a school resource officer is deficient in required training, the commissioner 11 of the Department of Criminal Justice Training or his or her designee shall notify 12 the council, which shall notify the officer and the officer's employing agency. 13 (14) A school resource officer who has lost school resource officer certification due 14 solely to the officer's failure to meet the training requirements of this section may 15 regain certification status as a school resource officer and may resume service in the 16 capacity of a school resource officer in a school setting upon successful completion 17 of the training deficiency. 18 (15) No later than November 1 of each year, the local school district superintendent shall 19 report to the Center for School S afety the number and placement of school resource 20 officers in the district. The report shall include the source of funding and method of 21 employment for each position. 22 (16) [Nothing in ] This section shall not be interpreted or construed to require a local 23 government or any of its agencies or offices to fund the school resource officer 24 positions required of local boards of education under this section. For purposes of 25 this subsection, "local government" has the same meaning as in KRS 65.8840. 26 (17) [Nothing in ]This section shall not prevent a private or parochial school from 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 92 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA entering into a memorandum of understanding with a local law enforcement agency 1 or the Department of Kentucky State Police to provide school resource officers 2 employed by the local law enf orcement agency or the Department of Kentucky 3 State Police. 4 Section 25. KRS 158.445 is amended to read as follows: 5 (1) Each local school shall conduct an assessment of school safety and student 6 discipline including a review of the following: 7 (a) Reports of school incidents relating to disruptive behaviors; 8 (b) The school's behavior and discipline codes for clarity and appr opriate notice 9 to students and parents; 10 (c) The school's hierarchy of responses to discipline problems and actual 11 disciplinary outcomes; 12 (d) Training needs for instructional staff in classroom management, student 13 learning styles, and other specialized trai ning to enhance teachers' capacity to 14 engage students and minimize disruptive behavior; 15 (e) The array of school services to students at risk of academic failure, dropping 16 out, or truancy; 17 (f) The engagement of parents at the earliest stages of problem behavior; 18 (g) Training needs for students in the development of core values and qualities of 19 good character, anger reduction, conflict resolution, peer mediation, and other 20 necessary skills; 21 (h) Training needs of parents; 22 (i) Existing school-based[school counc il] policies relating to student discipline 23 and student information; 24 (j) The school's physical environment; 25 (k) The school's student supervision plan; 26 (l) Existing components of the school improvement plan or consolidated plan 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 93 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA that focus on school safety a nd at-risk students, and the effectiveness of the 1 components; and 2 (m) Other data deemed relevant by the advisory[school] council or school 3 administration. 4 A school that does not complete an assessment process shall not be eligible for 5 funds under the state school safety grant program. 6 (2) Each local school district shall complete a district -level assessment of district -level 7 data, resources, policies and procedures, and district -wide needs as identified from 8 the individual school assessment process. The district shall engage local community 9 agencies including law enforcement and the courts in the assessment process. 10 (3) As a result of the district assessment and analysis of data, resources, and needs, 11 each board of education shall adopt a plan for immediate and long-term strategies to 12 address school safety and discipline. The development of the plan shall involve at 13 least one (1) representative from each school in the district as well as 14 representatives from the community as a whole, including representative s from the 15 local juvenile delinquency prevention council if a council exists in that community. 16 The process of planning shall be determined locally depending to a large extent on 17 the size and characteristics of the district. 18 (4) The district plan under sub section (3) of this section shall be the basis for any 19 request for funds under the state school safety grant program. The district plan shall 20 include the local code of acceptable behavior and discipline and the transportation 21 services policy as required un der KRS 158.148 and a description of instructional 22 placement options for threatening or violent students. 23 Section 26. KRS 158.6453 (Effective July 1, 2026) is amended to read as 24 follows: 25 (1) As used in this section: 26 (a) "Accelerated learning" means an organized way of helping students meet 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 94 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA individual academic goals by providing direct instruction to eliminate student 1 performance deficiencies or enable students to move more quickly through 2 course requirements and pursue higher level skill development; 3 (b) "Advanced coursework" means educational programs or opportunities 4 designed to challenge students with more rigorous content beyond the 5 standard curriculum, including but not limited to advanced placement, 6 International Baccalaureate, and honors courses; 7 (c) "Constructed-response items" or "performance-based items" means individual 8 test items that require the student to create an answer rather than select a 9 response and may include fill -in-the-blank, short -answer, extended -answer, 10 open-response, and writing-on-demand formats; 11 (d) "Criterion-referenced test" means a test that is aligned with defined academic 12 content standards and measures an individual student's level of performance 13 against the standards; 14 (e) "Formative assessment" means a process used by teachers and students during 15 instruction to adjust ongoing teaching and learning to improve students' 16 achievement of intended instructional outcomes. Formative assessments may 17 include the use of commercial assessments, classro om observations, teacher -18 designed classroom tests and assessments, and other processes and 19 assignments to gain information about individual student learning; 20 (f) "Interim assessments" means assessments that are given periodically 21 throughout the year to pro vide diagnostic information and to show individual 22 student performance against content standards; 23 (g) "Summative assessment" means an assessment given at the end of the school 24 year, semester, or other period of time to evaluate students' performance 25 against content standards within a unit of instruction or a course; and 26 (h) "Writing" means a purposeful act of thinking and expression that uses 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 95 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA language to explore ideas and communicate meaning to others. Writing is a 1 complex, multifaceted act of communication and is distinct from basic 2 handwriting or penmanship. 3 (2) (a) Every six (6) years, the Kentucky Department of Education shall implement a 4 process for reviewing Kentucky's academic standards and the alignment of 5 corresponding assessments for possible revision or replacement to ensure 6 alignment with transition readines s standards necessary for global 7 competitiveness, state career and technical education standards, and KRS 8 158.196. 9 (b) The revisions to the content standards shall: 10 1. Focus on critical knowledge, skills, and capacities needed for success in 11 the global economy; 12 2. Result in fewer but more in -depth standards to facilitate mastery 13 learning; 14 3. Communicate expectations more clearly and concisely to teachers, 15 parents, students, and citizens; 16 4. Be based on evidence-based research; 17 5. Consider international benchmarks; and 18 6. Ensure that the standards are aligned from elementary to high school to 19 postsecondary education so that students can be successful at each 20 education level. 21 (c) 1. The department shall establish four (4) standards and assessments 22 review committees, with each committee composed of a minimum of six 23 (6) Kentucky public school teachers and a minimum of two (2) 24 representatives from Kentucky institutions of higher education, 25 including at least one (1) representative from a public institution of 26 higher education. Each committee member shall teach in the subject 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 96 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA area that his or her committee is assigned to review and have no prior or 1 current affiliation with a curriculum or assessment resources vendor. 2 2. One (1) of the four (4) committees shall be as signed to focus on the 3 review of language arts and writing academic standards and 4 assessments, one (1) on the review of mathematics academic standards 5 and assessments, one (1) on the review of science academic standards 6 and assessments, and one (1) on the review of social studies academic 7 standards and assessments. 8 (d) 1. The department shall establish twelve (12) advisory panels to advise and 9 assist each of the four (4) standards and assessments review committees. 10 2. Three (3) advisory panels shall be assi gned to each standards and 11 assessments review committee. One (1) panel shall review the standards 12 and assessments for kindergarten through grade five (5), one (1) shall 13 review the standards and assessments for grades six (6) through eight 14 (8), and one (1) shall review the standards and assessments for grades 15 nine (9) through twelve (12). 16 3. Each advisory panel shall be composed of at least one (1) representative 17 from a Kentucky institution of higher education and a minimum of six 18 (6) Kentucky public school teachers who teach in the grade level and 19 subject reviewed by the advisory panel to which they are assigned and 20 have no prior or current affiliation with a curriculum or assessment 21 resources vendor. 22 (e) The commissioner of education and the president of th e Council on 23 Postsecondary Education shall also provide consultants for the standards and 24 assessments review committees and the advisory panels who are business and 25 industry professionals actively engaged in career fields that depend on the 26 various content areas. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 97 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (f) 1. The standards and assessments process review committee is hereby 1 established and shall be composed of the commissioner of education or 2 designee as a nonvoting member and nine (9) voting representatives of 3 public schools, of whom at least two (2) shall be parents of public 4 school students, appointed by the Governor and confirmed by the Senate 5 in accordance with KRS 11.160 as follows: 6 a. One (1) language arts teacher; 7 b. One (1) math teacher; 8 c. One (1) science teacher; 9 d. One (1) social studies teacher; 10 e. Two (2) school principals; 11 f. Two (2) school superintendents; and 12 g. One (1) school board member. 13 2. On making appointments to the committee, the Governor shall ensure 14 broad geographical urban and rural representation and representation of 15 elementary, middle, and high school levels; ensure equal representation 16 of the two (2) sexes, inasmuch as possible; and ensure that appointments 17 reflect the minority racial composition of the Commonwealth. 18 3. The review of the committee shall be limited to t he procedural aspects 19 of the review process undertaken prior to its consideration. 20 4. Notwithstanding KRS 12.028, the committee shall not be subject to 21 reorganization by the Governor. 22 (g) 1. The review process implemented under this subsection shall be an open, 23 transparent process that allows all Kentuckians an opportunity to 24 participate. The department shall ensure the public's assistance in 25 reviewing and suggesting changes to the standards a nd alignment 26 adjustments to corresponding state assessments by establishing a 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 98 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA website dedicated to collecting comments by the public and educators. 1 An independent third party, which has no prior or current affiliation with 2 a curriculum or assessment resour ces vendor, shall be selected by the 3 department to collect and transmit the comments to the department for 4 dissemination to the appropriate advisory panel for review and 5 consideration. 6 2. Each advisory panel shall review the standards and assessments for i ts 7 assigned subject matter and grade level and the suggestions made by the 8 public and educators. After completing its review, each advisory panel 9 shall make recommendations for changes to the standards and alignment 10 adjustments for assessments to the appro priate standards and 11 assessments review committee. 12 3. Each standards and assessments review committee shall review the 13 findings and make recommendations to revise or replace existing 14 standards and to adjust alignment of assessments. 15 4. The recommendations shall be published on the website established in 16 this subsection for the purpose of gathering additional feedback from the 17 public. The commissioner shall subsequently present the 18 recommendations and the public feedback to the appropriate Interim 19 Joint Committee on Education. 20 5. The commissioner shall subsequently provide a report to the standards 21 and assessments process review committee summarizing the process 22 conducted under this subsection and the resulting recommendations. The 23 report shall include but no t be limited to the timeline of the review 24 process, public feedback, and responses from the appropriate Interim 25 Joint Committee on Education. 26 6. After receiving the commissioner's report, the standards and assessments 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 99 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA process review committee shall either concur that stakeholders have had 1 adequate opportunity to provide input on standards and the 2 corresponding alignment of state assessments or find the input process 3 deficient. If the process is found deficient, the recommendations may be 4 returned to the appropriate standards and assessments review committee 5 for review as described in subparagraph 3. of this paragraph. If the 6 process is found sufficient, the recommendations shall be forwarded 7 without amendment to the Kentucky Board of Education. 8 (h) The Kentucky Board of Education shall promulgate administrative regulations 9 in accordance with KRS Chapter 13A as may be needed for the administration 10 of the review process, including staggering the timing and sequence of the 11 review process by subject area and remu neration of the review committees 12 and advisory panels described in paragraphs (c) and (d) of this subsection. 13 (i) 1. The Kentucky Board of Education shall consider for approval the 14 revisions to academic standards for a content area and the alignment of 15 the corresponding state assessment once recommendations are received 16 from the standards and assessments process review committee. Existing 17 state academic standards shall remain in place until the board approves 18 new standards. 19 2. Any revision to, or replacemen t of, the academic standards and 20 assessments as a result of the review process conducted under this 21 subsection shall be implemented in Kentucky public schools no later 22 than the second academic year following the review process. Existing 23 academic standards shall be used until new standards are implemented. 24 3. The Department of Education shall disseminate the academic content 25 standards to the schools and teacher preparation programs. 26 (j) The Department of Education shall provide or facilitate statewide traini ng 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 100 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA sessions for existing teachers and administrators on how to: 1 1. Integrate the revised content standards into classroom instruction; 2 2. Better integrate performance assessment of students within their 3 instructional practices; and 4 3. Help all students use higher-order thinking and communication skills. 5 (k) The Education Professional Standards Board in cooperation with the 6 Kentucky Board of Education and the Council on Postsecondary Education 7 shall coordinate information and training sessions for faculty and staff in all of 8 the teacher preparation programs in the use of the revised academic content 9 standards. The Education Professional Standards Board shall ensure that each 10 teacher preparation program includes use of the academic standards in the 11 pre-service education programs and that all teacher interns will have 12 experience planning classroom instruction based on the revised standards. 13 (l) The Council on Postsecondary Education in cooperation with the Kentucky 14 Department of Education and the postsecondary e ducation institutions in the 15 state shall coordinate information sessions regarding the academic content 16 standards for faculty who teach in the various content areas. 17 (m) The Education Professional Standards Board shall, as a condition of program 18 approval, require teacher preparation programs to align curriculum with the 19 expectations set forth in the state's academic content standards. 20 (3) (a) The Kentucky Board of Education shall be responsible for creating and 21 implementing a balanced statewide assessment p rogram that measures the 22 students', schools', and districts' achievement of the goals set forth in KRS 23 158.645 and 158.6451, to ensure compliance with the federal Every Student 24 Succeeds Act of 2015, Pub. L. No. 114 -95, or its successor, and to ensure 25 school accountability. 26 (b) The board shall revise the annual statewide assessment program as needed in 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 101 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA accordance with revised academic standards and corresponding assessment 1 alignment adjustments approved by the board under subsection (2) of this 2 section. 3 (c) The statewide assessments shall not include any academic standards not 4 approved by the board under subsection (2) of this section. 5 (d) The board shall seek the advice of the Office of Education Accountability; the 6 School Curriculum, Assessment, and Account ability Council; the Education 7 Assessment and Accountability Review Subcommittee, and the department's 8 technical advisory committee in the development of the assessment program. 9 The statewide assessment program shall not include measurement of a 10 student's ability to become a self -sufficient individual or to become a 11 responsible member of a family, work group, or community. 12 (4) (a) The academic components of the statewide assessment program shall be 13 composed of annual student summative tests, which may inclu de a 14 combination of multiple competency -based assessment and performance 15 measures approved by the Kentucky Board of Education. 16 (b) The annual student summative tests shall: 17 1. Measure individual student achievement in language, reading, English, 18 mathematics, science, and social studies at designated grades; 19 2. Provide teachers and parents a valid and reliable comprehensive analysis 20 of skills mastered by individual students; 21 3. Provide diagnostic information that identifies strengths and academic 22 deficiencies of individual students in the content areas; 23 4. Provide information to teachers that can enable them to improve 24 instruction for current and future students; 25 5. Provide longitudinal profiles for students; and 26 6. Ensure school and district accountability for student achievement of the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 102 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA goals set forth in KRS 158.645 and 158.6451, except the statewide 1 assessment program shall not include measurement of a student's ability 2 to beco me a self -sufficient individual or to become a responsible 3 member of a family, work group, or community. 4 (5) The state student assessments shall include the following components: 5 (a) Elementary and middle grades requirements are: 6 1. A criterion -referenced test each in mathematics and reading in grades 7 three (3) through eight (8) that is valid and reliable for an individual 8 student and that measures the depth and breadth of Kentucky's academic 9 content standards; 10 2. A criterion-referenced test each in science and social studies that is valid 11 and reliable for an individual student as necessary to measure the depth 12 and breadth of Kentucky's academic content standards to be 13 administered one (1) time within the elementary and middle grades, 14 respectively; 15 3. An on-demand assessment of student writing to be administered one (1) 16 time within the elementary grades and one (1) time within the middle 17 grades; and 18 4. An editing and mechanics test relating to writing, using multiple choice 19 and constructed response items, to be administered one (1) time within 20 the elementary and the middle grades, respectively; 21 (b) High school requirements are: 22 1. A criterion-referenced test in mathematics, reading, and science that is 23 valid and reliable for an individual student and that meas ures the depth 24 and breadth of Kentucky's academic content standards to be 25 administered one (1) time within the high school grades; 26 2. A criterion-referenced test in social studies that is valid and reliable for 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 103 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA an individual student as necessary to measure the depth and breadth of 1 Kentucky's academic content standards to be administered one (1) time 2 within the high school grades; 3 3. An on-demand assessment of student writing to be administered one (1) 4 time within the high school grades; 5 4. An editing and me chanics test relating to writing, using multiple choice 6 and constructed response items, to be administered one (1) time within 7 the high school grades; and 8 5. A college admissions examination to assess English, reading, 9 mathematics, and science in the spring of grade eleven (11); 10 (c) The Kentucky Board of Education shall add any other component necessary 11 to comply with the Every Student Succeeds Act of 2015, Pub. L. No. 114 -95, 12 or its successor, as determined by the United States Department of Education; 13 (d) The criterion -referenced components required in this subsection shall be 14 composed of constructed response items and multiple choice items; and 15 (e) The results of the assessment program developed under this subsection shall 16 be used by schools and districts to determine appropriate instructional 17 modifications for all students in order for students to make continuous 18 progress, including that needed by advanced learners. 19 (6) Each school district shall administer the statewide student assessment during the 20 last fourteen (14) days of school in the district's instructional calendar. The 21 Kentucky Board of Education may change the testing window to allow for 22 innovative assessment systems or other online test administration and shall 23 promulgate administrative regulat ions that minimize the number of days of testing 24 and outline the procedures to be used during the testing process to ensure test 25 security, including procedures for testing makeup days, and to comply with federal 26 assessment requirements. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 104 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (7) A student enrol led in a district -operated or district -contracted alternative program 1 shall participate in the appropriate assessments required by this section. 2 (8) A local school district may select and use commercial interim or formative 3 assessments or develop and use i ts own formative assessments to provide data on 4 how well its students are growing toward mastery of Kentucky academic standards, 5 so long as the district's local school board develops a policy minimizing the 6 reduction in instructional time related to the ad ministration of the interim 7 assessments. [Nothing in ]This section shall not preclude[precludes] teachers from 8 using ongoing teacher-developed formative processes. 9 (9) Each school that enrolls primary students shall use diagnostic assessments and 10 prompts that measure readiness in reading and mathematics for its primary students 11 as determined by the school to be developmentally appropriate. The schools may 12 use commercial products, use products and procedures developed by the district, or 13 develop their own di agnostic procedures. The results shall be used to inform the 14 teachers and parents or guardians of each student's skill level. 15 (10) The state board shall ensure that a technically sound longitudinal comparison of the 16 assessment results for the same students shall be made available. 17 (11) The following provisions shall apply to the college admissions examination 18 described in subsection (5)(b)5. of this section: 19 (a) The cost of the college admissions examination administered to students in 20 high school shall be paid for by the Kentucky Department of Education. The 21 costs of additional college admissions examinations shall be the responsibility 22 of the student; 23 (b) If funds are available, the Kentucky Department of Education shall provide a 24 college admissions examination preparation program to all public high school 25 juniors. The department may contract for necessary services; and 26 (c) Accommodations provided to a student with a disability taking the college 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 105 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA admissions assessment under this subsection shall consist of: 1 1. Accommodations provided in a manner allowed by the college 2 admissions assessment provider when results in test scores are 3 reportable to a postsecondary institution for admissions and placement 4 purposes, except as provided in subparagraph 2. of this paragraph; or 5 2. Accommodations provided in a manner allowed by a student's 6 individualized education program as defined in K RS 158.281 for a 7 student whose disability precludes valid assessment of his or her 8 academic abilities using the accommodations provided under 9 subparagraph 1. of this paragraph when the student's scores are not 10 reportable to a postsecondary institution for admissions and placement 11 purposes. 12 (12) Kentucky teachers shall have a significant role in providing feedback about the 13 design of the assessments, except for the college admissions exam described in 14 subsection (5)(b)5. of this section. The assessments shall be designed to: 15 (a) Measure grade appropriate core academic content, basic skills, and higher -16 order thinking skills and their application; 17 (b) Provide valid and reliable scores for schools. If scores are reported for 18 students individually, they shall be valid and reliable; 19 (c) Minimize the time spent by teachers and students on assessment; and 20 (d) Assess Kentucky academic standards only. 21 (13) The results from assessment under subsections (3) and (5) of this section shall be 22 reported to the school district s and schools no later than seventy -five (75) days 23 following the last day the assessment can be administered. Assessment reports 24 provided to the school districts and schools shall include an electronic copy of an 25 operational subset of test items from each assessment administered to their students 26 and the results for each of those test items by student and by school. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 106 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (14) The Department of Education shall gather information to establish the validity of 1 the assessment and accountability program. It shall deve lop a biennial plan for 2 validation studies that shall include but not be limited to the consistency of student 3 results across multiple measures, the congruence of school scores with documented 4 improvements in instructional practice and the school learning environment, and the 5 potential for all scores to yield fair, consistent, and accurate student performance 6 level and school accountability decisions. Validation activities shall take place in a 7 timely manner and shall include a review of the accuracy of sco res assigned to 8 students and schools, as well as of the testing materials. The plan shall be submitted 9 to the Commission by July 1 of the first year of each biennium. A summary of the 10 findings shall be submitted to the Legislative Research Commission by Se ptember 11 1 of the second year of the biennium. 12 (15) The Department of Education and the state board shall offer optional assistance to 13 local school districts and schools in developing and using continuous assessment 14 strategies needed to ensure student progr ess. The continuous assessment shall 15 provide diagnostic information to improve instruction to meet the needs of 16 individual students. 17 (16) The Administration Code for Kentucky's Assessment Program shall include 18 prohibitions of inappropriate test preparation activities by school district employees 19 charged with test administration and oversight, including but not limited to the issue 20 of teachers being required to do test practice in lieu of regular classroom instruction 21 and test practice outside the normal wor k day. The code shall include disciplinary 22 sanctions that may be taken toward a school or individuals. 23 (17) The Kentucky Board of Education, after the Department of Education has received 24 advice from the Office of Education Accountability; the School Curri culum, 25 Assessment, and Accountability Council; and the department's technical advisory 26 committee, shall promulgate an administrative regulation under KRS Chapter 13A 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 107 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA to establish the components of a reporting structure for assessments administered 1 under this section. The reporting structure shall include the following components: 2 (a) A school report card that clearly communicates with parents and the public 3 about school performance. The school report card shall be sent to the parents 4 of the students of the districts, and information on electronic access to a 5 summary of the results for the district shall be published in the newspaper 6 with the largest circulation in the county. It shall include but not be limited to 7 the following components reported by race, g ender, and disability when 8 appropriate: 9 1. Student academic achievement, including the results from each of the 10 assessments administered under this section; 11 2. For Advanced Placement, Cambridge Advanced International, and 12 International Baccalaureate, the c ourses offered, the number of students 13 enrolled, completing, and taking the examination for each course, and 14 the percentage of examinees receiving a score of three (3) or better on 15 AP examinations, a score of "e" or better on Cambridge Advanced 16 International examinations, or a score of four (4) or better on IB 17 examinations. The data shall be disaggregated by gender, race, students 18 with disabilities, and economic status; 19 3. Nonacademic achievement, including the school's attendance, retention, 20 graduation rates, and student transition to postsecondary; 21 4. School learning environment, including measures of parental 22 involvement; and 23 5. Any other school performance data required by the Every Student 24 Succeeds Act of 2015, Pub. L. No. 114-95, or its successor; 25 (b) An individual student report to parents for each student in grades three (3) 26 through eight (8) summarizing the student's skills in reading, science, social 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 108 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA studies, and mathematics. The school's staff shall develop a plan for 1 accelerated learning for any s tudent with identified deficiencies or strengths; 2 and 3 (c) A student's score on the college admissions assessment administered under 4 subsection (5)(b)5. of this section. 5 (18) (a) Every six (6) years, the Kentucky Department of Education shall implement a 6 comprehensive process for reviewing and revising the academic standards in 7 visual and performing arts and practical living skills and career studies for all 8 levels and in foreign language for middle and high schools. The department 9 shall develop review commi ttees for the standards for each of the content 10 areas that include representation from certified specialist public school 11 teachers and postsecondary teachers in those subject areas. 12 (b) The academic standards in practical living skills for elementary, midd le, and 13 high school levels shall include a focus on drug abuse prevention, with an 14 emphasis on the prescription drug epidemic and the connection between 15 prescription opioid abuse and addiction to other drugs, such as heroin and 16 synthetic drugs. 17 (c) The dep artment shall provide to all schools guidelines for programs that 18 incorporate the adopted academic standards in visual and performing arts and 19 practical living and career studies. The department shall provide to middle and 20 high schools guidelines for inclu ding a foreign language program. The 21 guidelines shall address program length and time, courses offered, staffing, 22 resources, and facilities. 23 (d) The Kentucky Department of Education, in consultation with certified public 24 school teachers of visual and performing arts, may develop program standards 25 for the visual and performing arts. 26 (19) The Kentucky Department of Education shall provide to all school districts 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 109 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA guidelines for including an effective writing program within the curriculum. 1 (20) (a) The Kentucky Department of Education, in consultation with the review 2 committees described in subsection (18) of this section, shall develop a school 3 profile report to be used by all schools to document how they will address the 4 adopted academic standards in their implementation of the programs as 5 described in subsection (18) of this section, which may include student 6 opportunities and experiences in extracurricular activities. The department 7 shall include the essential workplace ethics program on the schoo l profile 8 report. 9 (b) By October 1 of each year, each school principal shall complete the school 10 profile report, which shall be signed by [ the members of the school council, 11 or] the principal [ if no school council exists,] and the superintendent. The 12 report shall be electronically transmitted to the Kentucky Department of 13 Education, and the original shall be maintained on file at the local board office 14 and made available to the public upon request. The department shall include a 15 link to each school's profile report on its website. 16 (c) If a school staff member, student, or a student's parent has concerns regarding 17 deficiencies in a school's implementation of the programs described in 18 subsection (18) of this section, he or she may submit a written inquiry to t he 19 school principal[council]. 20 (21) (a) No later than December 1, 2025, each local board of education shall adopt a 21 district plan establishing clear policies on the promotion of advanced 22 coursework or accelerated learning in language arts, mathematics, soci al 23 studies, and science by grade level for students in grades four (4) to twelve 24 (12). 25 (b) The district plan required by paragraph (a) of this subsection shall: 26 1. Be published on a publicly accessible location on the district website; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 110 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 2. Describe the str ategies and approach to advanced coursework or 1 accelerated learning options by grade level for language arts, 2 mathematics, social studies, and science; and 3 3. Require that the service delivery options for students identified as gifted 4 and talented in langu age arts, mathematics, social studies, and science 5 include the following for each grade level and subject area: 6 a. i. Accelerated learning; or 7 ii. Advanced coursework; and 8 b. At least one (1) of the following service delivery options: 9 i. Collaborative teaching and consultation services; 10 ii. Special counseling services; 11 iii. Differentiated study experiences for individuals and cluster 12 groups in the regular classroom; 13 iv. Distance learning; 14 v. Enrichment services that are not extracurricular during the 15 school day; 16 vi. Independent study; 17 vii. Mentorships; 18 viii. Resource services delivered in a pull -out classroom or other 19 appropriate instructional setting; 20 ix. Seminars; 21 x. Travel study options; or 22 xi. Special schools or self -contained classrooms for students in 23 grades four (4) through twelve (12) only. 24 (c) The district plan required by paragraph (a) of this subsection may: 25 1. Automatically enroll a student who scores distinguished in any subject 26 area on the most recent statewide assessment for which scores are 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 111 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA available in available advanced coursework for that subject area and any 1 corresponding subject area designated by the local board of education; 2 2. Include eligibility criteria for qualification for available advanced 3 coursework for all other students; 4 3. Require written consent from a parent or guardian of a student to 5 withdraw or exclude a student that is eligible for advanced coursework 6 according to the district plan from that advanced coursework. If a 7 student requests to withdraw from advanced coursework to pursue 8 another educational opportunity, a principal may withdraw the student 9 without written consent from a parent or guardian only after a good-faith 10 attempt to contact the parent or guardian is unsuccessful; and 11 4. Permit a principal to withdraw a student from advanced coursework 12 without written consent from his or her parent or guardian if the 13 student's participation in advanced coursework wo uld have an adverse 14 educational impact on a student, including interference with his or her 15 career pathway, access to career and technical education coursework, or 16 another educational opportunity. 17 (22) (a) The Kentucky Board of Education may promulgate adm inistrative regulations 18 in accordance with KRS Chapter 13A to administer the provisions of 19 subsection (21) of this section. 20 (b) By December 1, 2025, the Kentucky Department of Education, in 21 collaboration with local school districts, shall establish school district 22 recommendations for the consistent use of preliminary assessment data and 23 other criteria to identify students prepared for advanced coursework. 24 Section 27. KRS 158.649 is amended to read as follows: 25 (1) As used in this section, "achievement gap" means the difference between 26 performance goals and actual performance on each of the tested areas by grade 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 112 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA level of the state assessment program for each of the various subgroups of students 1 as described in the Every Stu dent Succeeds Act of 2015, Pub. L. No. 114 -95, or its 2 successor, including male and female students, students with and without 3 disabilities, students with and without English proficiency, minority and 4 nonminority students, and students who are eligible for free and reduced lunch and 5 those who are not eligible for free and reduced lunch. 6 (2) By October 1 of each year, the Department of Education shall provide each school [ 7 council, or the] principal[ if a school council does not exist,] data on his or her[its] 8 students' performance as shown by the state assessment program described in KRS 9 158.6453. The data shall include but not be limited to information on performance 10 levels of all students tested, and information on the performance of students 11 disaggregated by race, gender, disability, English proficiency, and participation in 12 the federal free and reduced price lunch program, and any other subgroups as 13 described in the Every Student Succeeds Act of 2015, Pub. L. No. 114 -95, or its 14 successor. The information f rom the department shall include an equity analysis 15 that shall identify the substantive differences among the various groups of students 16 identified in subsection (1) of this section. Beginning with the 2012 -2013 school 17 year, the reporting requirement in th is subsection shall be no later than seventy -five 18 (75) days following the first day the assessment can be administered. 19 (3) Each local board of education upon the recommendation of the local district 20 superintendent shall adopt a policy for reviewing the ac ademic performance on the 21 state assessments required under KRS 158.6453 for various groups of students, 22 including major racial groups, gender, disability, free and reduced price school 23 lunch eligibility, and limited English proficiency. The local board pol icy shall be 24 consistent with Kentucky Board of Education administrative regulations. Upon 25 agreement of[ the school -based decision making council, or] the principal[ if there 26 is not a council,] and the superintendent, the local board shall establish an annu al 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 113 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA target for each school for reducing identified gaps in achievement as set out in 1 subsection (4) of this section. 2 (4) By February 1 of each year, [ the school -based decision making council, or] the 3 principal[ if there is not a council,] with the involveme nt of the advisory council 4 and any other interested parents, faculty, and staff shall set the school's targets for 5 eliminating any achievement gap and submit them to the superintendent for 6 consideration. The superintendent and [ the school -based decision ma king council, 7 or] the principal[ if there is not a council,] shall agree on the targets before they are 8 submitted to the local board of education for adoption. 9 (5) By January 1 of each year,[ the school council, or] the principal[ if a school council 10 does not exist,] with the involvement of the advisory council and any other 11 interested parents, faculty, and staff, shall review the data and revise the school 12 improvement plan to include the targets, strategies, activities, and a time schedule 13 calculated to eliminate the achievement gap among various groups of students to 14 the extent it may exist. The plan shall include but not be limited to activities 15 designed to address the following areas: 16 (a) Curriculum alignment within the school and with schools that send or receive 17 the school's students; 18 (b) Evaluation and assessment strategies to con tinuously monitor and modify 19 instruction to meet student needs and support proficient student work; 20 (c) Professional development to address the goals of the plan; 21 (d) Parental communication and involvement; 22 (e) Attendance improvement and dropout prevention; and 23 (f) Technical assistance that will be accessed. 24 (6) The principal shall convene a public meeting at the school to present and discuss 25 the plan prior to submitting it to the superintendent and the local board of education 26 for review, in the public meeting required under KRS 160.340. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 114 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (7) Based on the disaggregated assessment results, the local board shall determine if 1 each school achieved its targets for each group of students. Only data for a group of 2 students including ten (10) or more students shall be considered. 3 (8) Notwithstanding KRS 160.345 (7)[(8)] and 158.070(7), if a local board determines 4 that a school has not met its target to reduce the identified gap in student 5 achievement for a group of students, the local board shall require [ the council, or] 6 the principal[ if no council exists,] to submit his or her[its] revisions to the school 7 improvement plan describing the use of professional development funds and funds 8 allocated for continuing education to reduce the school's achievement gap for 9 review and approval by the superintendent. The plan shall address how the school 10 will meet the academic needs of the students in the various groups identified in 11 subsection (1) of this section. 12 (9) The superintendent shall report to the local school board and t he commissioner of 13 education if a school fails to meet its targets in any academic content area to reduce 14 the gap in student achievement for any student group for two (2) consecutive years. 15 The school's improvement plan shall be subject to review and appro val by the 16 Kentucky Department of Education and the school shall submit an annual status 17 report. The Department of Education may provide assistance as defined in KRS 18 160.346 to schools as it deems necessary to assist the school in meeting its goals. 19 (10) [The school -based decision making council, or ] The principal [ if there is not a 20 council,] shall not[no longer] be required to seek approval of the plan under 21 subsections (8) and (9) of this section when his or her school[it] meets its target for 22 reducing th e gap in student achievement for the various groups of students 23 identified in subsection (1) of this section. 24 Section 28. KRS 158.792 is amended to read as follows: 25 (1) As used in this section and KRS 164.0207, unless the context requires otherwise: 26 (a) "Comprehensive reading program" means any print, nonprint, or electronic 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 115 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA medium of reading instruction designed to assist students. For students in 1 kindergarten through grade three (3), program instructional resources shal l 2 include instruction in five (5) key areas: phonemic awareness, phonics, 3 fluency, vocabulary, and comprehension; 4 (b) "Reading diagnostic assessment" means an assessment that measures a 5 student's skills against established performance levels in essential components 6 of reading and identifies students that require intervention in at least one (1) 7 of those components to acce lerate the student's progress toward proficient 8 performance in reading; 9 (c) "Reading intervention program" means short -term intensive instruction in the 10 essential skills necessary to read proficiently that is provided to a student by a 11 highly trained teach er. This instruction may be conducted one -on-one or in 12 small groups; shall be evidence -based, reliable, and replicable; and shall be 13 based on the ongoing assessment of individual student needs; and 14 (d) "Reliable, replicable evidence" means objective, valid, scientific studies that: 15 1. Include rigorously defined samples of subjects that are sufficiently large 16 and representative to support the general conclusions drawn; 17 2. Rely on measurements that meet established standards of reliability and 18 validity; 19 3. Test competing theories, where multiple theories exist; 20 4. Are subjected to peer review before their results are published; and 21 5. Discover effective strategies for improving reading skills. 22 (2) The reading diagnostic and intervention fund is created to help teachers and library 23 media specialists improve the reading skills of struggling readers in kindergarten 24 through grade three (3) and to assist schools in employing reading interventionists 25 who specialize in providing those services. The Department of Educa tion, upon the 26 recommendation of the Reading Diagnostic and Intervention Grant Steering 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 116 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA Committee, shall provide renewable, two (2) year grants to schools to support 1 teachers and reading interventionists in the implementation of reliable, replicable 2 evidence-based reading intervention programs that use a balance of diagnostic tools 3 and instructional strategies that emphasize phonemic awareness, phonics, fluency, 4 vocabulary, comprehension, and connections between writing and reading 5 acquisition and motivatio n to read to address the diverse learning needs of those 6 students reading at low levels. Any moneys in the fund at the close of the fiscal year 7 shall not lapse but shall be carried forward to be used for the purposes specified in 8 this section. 9 (3) (a) The Kentucky Board of Education shall promulgate administrative 10 regulations, based on recommendations from the Department of Education 11 that shall include but not be limited to a school selection process with a focus 12 on those with the most need, professional le arning supports in literacy, and 13 early reading instruction to: 14 1. Identify eligible grant applicants, taking into consideration how the 15 grant program described in this section will relate to other grant 16 programs; 17 2. Specify the criteria for acceptable read ing and literacy diagnostic 18 assessments and intervention programs; 19 3. Specify the criteria for acceptable ongoing assessment of each child to 20 determine his or her reading progress; 21 4. Establish the minimum evaluation process for an annual review of each 22 grant recipient's program and progress; 23 5. Identify the annual data that must be provided from grant recipients; 24 6. Define the application review and approval process; 25 7. Establish matching requirements deemed necessary; 26 8. Define the professional developmen t and continuing education 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 117 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA requirements for teachers, library media specialists, administrators, and 1 staff of grant recipients; 2 9. Establish the conditions for renewal of a two (2) year grant; and 3 10. Specify other conditions necessary to implement the pur poses of this 4 section. 5 (b) The board shall require that a grant applicant provide assurances that the 6 following principles will be met if the applicant's request for funding is 7 approved: 8 1. An evidence-based comprehensive schoolwide reading program will be 9 available; 10 2. Intervention services will supplement, not replace, regular classroom 11 instruction; 12 3. Intervention services will be provided to struggling kindergarten through 13 grade three (3) readers within the school based upon ongoing assessment 14 of their needs; and 15 4. A system for informing parents of struggling readers of the available 16 family literacy services within the district will be established. 17 (c) The board shall not restrict how a grant applicant utilizes grant funds as it 18 relates to the applicant's use of funds for professional development, resources, 19 tools, employment of reading interventionists, and other expenses authorized 20 by this section. The grant applicant shall have discretion in allocating grant 21 funds for purposes authorized by this secti on; however, the board may 22 consider the effectiveness of those uses in reviewing the application. 23 (4) In order to qualify for funding, [ the school council, or if none exists,] the principal 24 or the superintendent of schools, shall allocate matching funds required by grant 25 recipients under subsection (3) of this section. Funding for professional 26 development allocated to the school principal[council] under KRS 160.345 and for 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 118 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA continuing education under KRS 158.070 may be used as part of the school's match. 1 (5) The Department of Education shall make available to schools: 2 (a) Information concerning successful, evidence -based comprehensive reading 3 programs, diagnostic tools for pre - and post -assessment, and intervention 4 programs, from the statewide reading research center established under KRS 5 164.0207; 6 (b) Strategies for successfully implementing early reading programs, including 7 professional development support and the identification of funding sources; 8 and 9 (c) A list of professional development providers offering teacher training related 10 to reading that emphasizes the essential components for successful reading: 11 phonemic awareness, phonics, fluency, vocabulary, comprehension, and 12 connections between writing and reading acquisition and motivation to read. 13 (6) The Department of Education shall submit a report to the appropriate Interim Joint 14 Committee on Education no later than November 1 of each year outlining the use of 15 grant funds. T he annual report for an odd -numbered year shall include an estimate 16 of the cost to expand the reading diagnostic and intervention fund. 17 (7) The Department of Education shall report program data to an external evaluator for 18 analysis of the program's success in meeting the goal of increasing early literacy 19 student outcomes. 20 Section 29. KRS 158.7992 is amended to read as follows: 21 (1) The Department of Education shall establish a program that promotes the 22 integration of the a rts and foreign languages in the elementary school program. A 23 school shall submit an application through the district superintendent, with the 24 agreement of the school [ council or of the] principal[, if a council does not exist] . 25 The department shall award a grant to at least one (1) school per region based on 26 the quality of the application in meeting the criteria established in subsection (2) of 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 119 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA this section. Special consideration shall be given, but not limited to, a school that 1 does not have an existing comprehensive arts and foreign language program. 2 (2) School programs under subsection (1) of this section shall include, but not be 3 limited to, the following components: 4 (a) Instruction in each of the four (4) disciplines of dance, drama, music, and the 5 visual arts that includes the core content skills and knowledge taught in a 6 sequential manner and includes all students in the elementary school; 7 (b) Intense instruction in at least one (1) foreign language that includes skills and 8 knowledge related to commun icative language and culture and includes all 9 students in the elementary school; 10 (c) Integration of arts and foreign language instruction across the curriculum; 11 (d) Coordination of the programs by teachers with appropriate arts and foreign 12 language certification; 13 (e) Professional development for teachers and administrators designed to 14 facilitate the effective teaching of arts and foreign languages; 15 (f) An effective monitoring and evaluation system that includes student 16 performance assessment; 17 (g) Partnerships with parents, local cultural agencies, individual artists, and native 18 speakers of the foreign language who work in collaboration with classroom 19 teachers; 20 (h) Support from the local school board, the school principal, the 21 advisory[school] council, and teachers; and 22 (i) Student attendance at one (1) or more live performance or visual art exhibition 23 each school year. 24 (3) The Department of Education shall report annually by July 1 of each year on the 25 implementation of the program to the Governor and the Legi slative Research 26 Commission. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 120 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA Section 30. KRS 158.860 is amended to read as follows: 1 (1) As used in this section: 2 (a) "Core course" means any course offered in the middle grades or high school 3 grades that is a specific hi gh school graduation requirement or a course that 4 may be used to fulfill a minimum graduation requirement in the content areas 5 of language arts, mathematics, science, and social studies as specified in 6 administrative regulation promulgated by the Kentucky Board of Education 7 under the provisions of KRS 156.160; and 8 (b) "End-of-course examination" or "end -of-course exam" means a test that 9 measures a student's knowledge and skills upon completion of a core content 10 course. 11 (2) The Kentucky Department of Educati on shall coordinate the development of end -12 of-course exams. 13 (a) The development process shall initially include end -of-course exams for 14 Algebra I, Algebra II, and Geometry. 15 (b) Content teachers in the core courses, postsecondary faculty including subject 16 matter specialists as well as teacher educators, curriculum specialists, and 17 other appropriate practitioners shall be involved in the development and 18 review of items for the exams. Content teachers shall comprise the majority of 19 the developers and reviewers of the test items. 20 (c) The department shall ensure that each end-of-course exam: 21 1. Aligns with the standards, content, goals, and academic expectations 22 relevant to the course; 23 2. Requires student demonstration of knowledge, comprehension, 24 application, and higher order cognitive skills; 25 3. Provides reliable and valid test items; 26 4. Is ava ilable to schools in an on -line format if resources are available; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 121 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA and 1 5. Provides individual student scores; test item analyses; aggregate 2 comparisons of student data at the school, district, and state levels; and 3 disaggregated data by student subpopulati ons at the school district and 4 state levels. 5 (d) The department shall make available a parallel form for each exam. 6 (e) The initial end-of-course exam developed as required in paragraph (a) of this 7 subsection shall be available and piloted in selected scho ol districts no later 8 than the end of the 2007-2008 school year. 9 (3) The department may contract for services as deemed necessary to fulfill its duties 10 under this section. 11 (4) The Kentucky Department of Education shall conduct a study of the end -of-course 12 examinations and the processes used during the pilot of the exams. 13 (a) Following the initial use of the end -of-course exams in Algebra 1, Algebra II, 14 and Geometry, the department, with assistance from the developers identified 15 in subsection (2)(b) of this section, shall determine whether the exams meet 16 the requirements in subsection (2)(c) of this section. The determination shall 17 be based on an analysis of individual test items, analyses of student results on 18 the exams, pilot teachers' input, and review of other data gathered during the 19 pilot year. 20 (b) The department shall consult with the Education Assessment and 21 Accountability Review Subcommittee, the National Technical Advisory Panel 22 on Assessment and Accountability, and the School Curriculum, Assessment, 23 and Accountability Council regarding the implications for statewide 24 implementation and shall advise the Kentucky Board of Education of its 25 findings and recommendations. 26 (c) Following the consultations and discussions required in paragraphs (a) and (b) 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 122 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA of this subsection, the commissioner of education shall report the findings of 1 the pilot project and policy options to the appropriate Interim Joint 2 Committee on Education. 3 (5) End-of-course exams in the pilot period shall not be used as a criterion for forma lly 4 evaluating or compensating teachers. Student results may be discussed during the 5 formative evaluation stage in compliance with KRS 156.557. 6 (6) The department shall develop the test procedures, including testing 7 accommodations for students with special needs, retest provisions, reporting 8 requirements, and other procedures as necessary to implement the provisions of this 9 section. 10 (7) A teacher shall use a student's score on any end-of-course exam that is administered 11 in calculating the student's final grade in accordance with policies of the local board 12 of education and the school principal[school-based decision making council]. 13 (8) The commissioner of education or a designee shall provide a written status report 14 regarding implementation of this section t o the Interim Joint Committee on 15 Education and the Education Assessment and Accountability Review Subcommittee 16 by December 1, 2007, and July 1, 2008. 17 (9) The Kentucky Department of Education and local school districts shall use end -of-18 course exams to promo te increased student accountability. The department and 19 local school districts shall also use test results to determine the need for technical 20 assistance, professional development, and other resources to improve instruction. 21 Section 31. KRS 158.844 is amended to read as follows: 22 (1) The mathematics achievement fund is hereby created to provide developmentally 23 appropriate diagnostic assessment and intervention services to students, primary 24 through grade 12, to help them reach proficiency in mathematics on the state 25 assessments under KR S 158.6453 and in compliance with the "No Child Left 26 Behind Act of 2001," 20 U.S.C. secs. 6301 et seq., as required under KRS 158.840. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 123 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (2) The grant funds may be used to support the implementation of diagnostic and 1 intervention services in mathematics. The use of funds may include: pay for 2 extended time for teachers, released time for teachers to serve as coaches and 3 mentors or to carry out other responsibilities needed in the implementation of 4 intervention services, payment of substitute teachers needed fo r the support of 5 mathematics teachers, purchase of materials needed for modification of instruction, 6 and other costs associated with diagnostic and intervention services or to cover 7 other costs deemed appropriate by the Kentucky Board of Education. 8 (3) The fund shall: 9 (a) Provide funding for the Center for Mathematics created in KRS 164.525 and 10 the costs of training selected teachers in the diagnostic assessment and 11 intervention skills that are needed to assist struggling students in the primary 12 program and other grade levels; 13 (b) Provide renewable, two (2) year local grants to school districts and for 14 purposes described in subsection (2) of this section; and 15 (c) Provide operational funding for the Committee for Mathematics Achievement 16 created in KRS 158.842. 17 (4) Any funds appropriated to the mathematics achievement fund that are specifically 18 designated by the General Assembly to support the Center for Mathematics shall be 19 appropriated to the Council on Postsecondary Education and distributed to the 20 university administering the center, as determined by the council under KRS 21 164.525. 22 (5) Any moneys in the fund at the close of a fiscal year shall not lapse but shall be 23 carried forward to be used for the purposes specified in this section. 24 (6) Any interest earnings of the fund shall become a part of the fund and shall not 25 lapse. 26 (7) (a) Any funds appropriated to the mathematics achievement fund and specifically 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 124 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA designated by the General Assembly as funding for grants to local school 1 districts or to support the Committee for Mathematics Achievement shall be 2 administered by the Kentucky Department of Education. 3 (b) The Kentucky Board of Education shall promulgate administrative regulations 4 relating to the grants for local school districts based on recommendations 5 from the Committee for Mathematics Achievement, the secretary of the 6 Education and Labor Cabinet, the commissioner of education, and the Center 7 for Mathematics established in KRS 164.525. The administrative regulations 8 shall: 9 1. Identify eligibility criteria for grant applicants; 10 2. Specify the criteria for acceptable diagnostic assessments and 11 intervention programs and coaching and mentoring programs; 12 3. Establish the minimum annual evaluation process for each grant 13 recipient; 14 4. Identify the annual data that must be provided from each grant recipient; 15 5. Define the application and approval process; 16 6. Establish matching fund requirements if deemed necessary by the board; 17 7. Define the obligations for professional development and continuing 18 education for teachers, administrators, and staff of each grant recipient; 19 8. Establish the conditions for renewal of a two (2) year grant; and 20 9. Specify other conditions necessary to implement the purposes of this 21 section. 22 (c) As part of the application process, the board shall require that a grant 23 applicant provide assurances that the following principles will be met if the 24 applicant's request for funding is approved: 25 1. Mathematics instruction will be standards -based and utilize research -26 based practices; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 125 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 2. Intervention and support services will supplement, not replace, regular 1 classroom instruction; and 2 3. Intervention services will be provided to primary program students and 3 other students who are at risk of mathematics failure within the school 4 based upon ongoing assessments of their needs. 5 (d) If matching funds are required, [ the school council or, if none exists,] the 6 principal or the superintendent of schools [,] shall allocate matching funds. 7 Funding for professional development allocated [ to the sc hool council] under 8 KRS 160.345 and for continuing education under KRS 158.070 may be used 9 to provide a portion or all of a school's required match. 10 (e) The Department of Education shall make available to schools: 11 1. Information from the Center for Mathema tics regarding diagnostic 12 assessment and intervention programs and coaching and mentoring 13 programs of proven -practice in meeting the needs of primary students 14 and other students who are at risk of failure; 15 2. Technical assistance to potential applicants and grant recipients; 16 3. A list of professional development providers offering teacher training in 17 diagnostic assessment and intervention strategies and coaching and 18 mentoring; and 19 4. Information from the Center for Mathematics on how to communicate to 20 parents effective ways of interacting with their children to improve their 21 mathematics concepts, skills, and understanding. 22 (f) The Department of Education shall submit a report to the appropriate Interim 23 Joint Committee on Education no later than September 1 o f each year 24 outlining the use of grant funds. By November 1, 2007, the Department of 25 Education with input from the Committee for Mathematics Achievement and 26 the Center for Mathematics shall conduct a statewide needs assessment of the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 126 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA resources needed in ea ch school to help each child achieve proficiency in 1 mathematics by the year 2014 and report to the Interim Joint Committee on 2 Education an estimate of the cost and a specific timeline for meeting the goal 3 established by the Commonwealth. 4 Section 32. KRS 160.294 is amended to read as follows: 5 (1) Each local board of education shall adopt a plan and procedures for recycling white 6 paper and cardboard in all board-owned and operated facilities. 7 (2) A local board of education shall be exempt from the requirement to establish a 8 recycling program as described in this section if: 9 (a) There is no recycling facility within the county or within a reasonable distance 10 in an adjoining geographic area; or 11 (b) The district cannot locate a recycling vendor to service the school district, 12 without incurring a negative fiscal impact. 13 (3) The board may delegate to each school [ or school council] the responsibility for 14 designing its own procedures; however, the superin tendent or the superintendent's 15 designee shall periodically review the operating procedures to assure that recycling 16 is being carried out. 17 Section 33. KRS 160.340 is amended to read as follows: 18 (1) Each board of educatio n shall, on the forms prepared by the chief state school 19 officer and approved by the Kentucky Board of Education, prepare and submit to 20 the Kentucky Board of Education reports on all phases of its school service. Each 21 board may prepare and publish for the information of the public a report on the 22 progress of its schools. 23 (2) Each board of education shall file in the board's office its policies relating to the 24 following matters: 25 (a) Transportation of pupils; 26 (b) Discipline and conduct of pupils; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 127 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (c) Limitations or restrictions on use of school facilities; 1 (d) Conduct of meetings of the board of education, including policies on the 2 calling of executive sessions; 3 (e) Personnel policies that apply to certified employees, including fringe benefits, 4 salary schedul es, nonclassroom duties, in -service training, teacher -student 5 ratio, hiring, assignment, transfer, dismissal, suspension, reinstatement, 6 promotion, and demotion; 7 (f) Evaluation of certified employees; 8 (g) Selection of textbooks and instructional materials; 9 (h) Expenditure and accounting for school funds, including all special funds; and 10 (i) [Policies dealing with ]School-based policies[decision making]. 11 (3) (a) The local board of education may adopt a policy requiring that each [ school 12 council, or if none e xists, the] principal, make an annual report at a public 13 meeting of the board describing the school's progress in meeting the 14 educational goals set forth in KRS 158.6451 and district goals established by 15 the board. 16 (b) Biennially, the local board shall review in a public meeting the portion of each 17 school's consolidated plan that sets forth the activities and schedule to reduce 18 the achievement gaps for the various groups of students as required in KRS 19 158.649. If a district has more than twenty (20) schools , the district may 20 review the achievement gap data of each school in a comprehensive district 21 report at a regularly scheduled meeting of the board. The report shall include 22 the schools' and district's plans to reduce any identified gaps in student 23 achievement. 24 (4) It is intended that these policies shall cover matters within the authority and 25 discretion of the district board of education and not matters otherwise required by 26 law or regulation. Such policies shall be filed in the board's office by August 15, 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 128 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 1974, shall be kept up to date by filing annual amendments thereto each August 15 1 and shall be public records. 2 Section 34. KRS 160.346 is amended to read as follows: 3 (1) As used in[For purposes of] this section: 4 (a) "Department" means the Kentucky Department of Education; 5 (b) "ESSA" means the Every Student Succeeds Act of 2015, Pub. L. No. 114 -95, 6 or its successor; 7 (c) "Level" means elementary, middle, or high school; 8 (d) "Turnaround" means a comprehensive transformation of a school to achieve 9 accelerated, meaningful, and sustainable increases in student achievement 10 through improved school leadership and school district support; 11 (e) "Turnaround plan" means a mandatory school plan that is designed to 12 improve student learni ng and performance with evidence -based interventions 13 as defined in ESSA and that is developed and implemented by the local 14 school district in partnership with stakeholders, including the principal, other 15 school leaders, teachers, and parents; and 16 (f) "Turnaround team" means the turnaround training and support team described 17 in subsection (8)(a) of this section. 18 (2) (a) The department shall annually identify a school for targeted support and 19 improvement if the school has one (1) or more of the same subg roups, as 20 defined by ESSA, whose performance in the state accountability system by 21 level is at or below that of all students in any of the lowest -performing five 22 percent (5%) of all schools for three (3) consecutive years. 23 (b) Beginning with the 2021 -2022 school year, and every three (3) years 24 thereafter, the department shall identify a school for additional targeted 25 support and improvement if the school has one (1) or more subgroups, as 26 defined by ESSA, whose performance in the state accountability system by 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 129 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA level is at or below the summative performance of all students in any of the 1 lowest-performing five percent (5%) of all schools identified under subsection 2 (3)(a) of this section and the school was identified in the immediately 3 preceding year for target ed support and improvement as described in 4 paragraph (a) of this subsection. 5 (3) The department shall annually identify a school for comprehensive support and 6 improvement if the school is: 7 (a) In the lowest-performing five percent (5%) of all schools in it s level based on 8 the school's performance in the state accountability system; 9 (b) A high school with a four (4) year cohort graduation rate that is less than 10 eighty percent (80%); or 11 (c) Identified by the department for additional targeted support and impr ovement 12 under subsection (2)(b) of this section and fails to exit additional targeted 13 support and improvement status based on criteria established under subsection 14 (11) of this section. 15 (4) (a) When a school is identified for targeted support and improveme nt under 16 subsection (2)(a) of this section, the local school personnel, working with 17 stakeholders, including the principal, other school leaders, teachers, and 18 parents, shall revise its school improvement plan, which shall be subject to 19 review and approval by the local board of education. 20 (b) Each revised plan shall be informed by all available indicators, including 21 student performance compared to long-term goals, and shall include: 22 1. Components of turnaround leadership development and support; 23 2. Identification of critical resource inequities; 24 3. Evidence-based interventions; and 25 4. Additional actions that address the causes of consistently 26 underperforming subgroups of students. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 130 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (c) If adequate performance progress, as defined by the department, is not mad e, 1 the local school district shall take additional action to assist and support the 2 school in reaching performance goals. 3 (5) When a school is identified for additional targeted support and improvement under 4 subsection (2)(b) of this section, the local sch ool district shall take more rigorous 5 district-determined action to assist and support the school in reaching performance 6 goals. 7 (6) (a) When a school is identified for comprehensive support and improvement, an 8 audit shall be performed by the department to diagnose the causes of the 9 school's low performance. 10 (b) The audit conducted under this subsection shall be the only comprehensive 11 audit required for a school unless the school fails to exit comprehensive 12 support and improvement status as described in sub section (11) of this section 13 or exits comprehensive support and improvement status but subsequently 14 repeats as a school identified for comprehensive support and improvement. 15 (7) (a) The audit conducted by the department under subsection (6) of this section 16 shall include: 17 1. A diagnosis of the causes of the school's low performance, with an 18 emphasis on underperforming subgroups of students and corresponding 19 critical resource inequities; 20 2. An assessment and recommendation to the superintendent regarding the 21 best strategies to address the school's specific needs; 22 3. An assessment of the interaction and relationship among the 23 superintendent, central office personnel, and the school principal; 24 4. A recommendation of the steps the school may implement to launch a nd 25 sustain a turnaround process; 26 5. A recommendation to the local board of education of the turnaround 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 131 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA principles and strategies necessary for the superintendent to assist the 1 school with turnaround; and 2 6. An assessment and recommendation to the superinte ndent regarding the 3 principal's capacity to lead the turnaround effort in the school. 4 (b) The report of an audit conducted under this subsection shall be provided to the 5 superintendent, local board of education, school principal, commissioner of 6 education, and the Kentucky Board of Education. 7 (8) After completion of the audit described in subsection (7) of this section, each school 8 identified for comprehensive support and improvement shall engage in the 9 following turnaround intervention process: 10 (a) The superintendent and principal shall collaborate with the department to 11 create a turnaround training and support team for the school identified for 12 comprehensive support and improvement. The local board of education shall 13 approve the turnaround team; 14 (b) The authority of the school principal[council] granted under KRS 160.345 15 shall be transferred to the superintendent; 16 (c) The superintendent shall maintain the authority to select a principal for the 17 school if a principal vacancy occurs. The superintendent shall consult with the 18 turnaround team, parents, certified staff, and classified staff before appointing 19 a principal replacement; 20 (d) Upon recommendation of the principal, the superintendent may reassign 21 certified staff members to a comparable position in the school district; 22 (e) The superintendent shall collaborate with the turnaround team to design 23 ongoing turnaround training and support for the principal and a corresponding 24 monitoring system of effectiveness and student achievement results; 25 (f) The prin cipal shall collaborate with the turnaround team to establish an 26 advisory leadership team representing school stakeholders including other 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 132 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA school leaders, teachers, and parents; 1 (g) 1. In consultation with the department, the local school board shall 2 collaborate with the superintendent, principal, turnaround team, and the 3 advisory leadership team to propose a three (3) year turnaround plan. 4 2. The turnaround plan shall include requests to the department for 5 exemptions from submitting documentation that are identified by the 6 principal, advisory leadership team, and turnaround team as inhibitors to 7 investing time in innovative instruction and accelerated student 8 achievement of diverse learners including ongoing staff instructional 9 plans, student interventions, formative assessment results, or staff 10 effectiveness processes. 11 3. The turnaround plan shall be reviewed for approval by the 12 superintendent and the local board of education and shall be subject to 13 review, approval, monitoring, and periodic review by the d epartment as 14 described in KRS 158.782; 15 (h) The school district may request technical assistance from the department for 16 development and implementation of the turnaround plan, which may include 17 conducting needs assessments, selecting evidence -based interven tions, and 18 reviewing and addressing resource inequities; 19 (i) The turnaround plan shall be fully implemented by the first full day of the 20 school year following the school year the school was identified for 21 comprehensive support and improvement; and 22 (j) The superintendent shall periodically report to the local school board, and at 23 least annually to the commissioner of education, on the implementation and 24 results of the turnaround plan. 25 (9) The department shall establish required professional learning for teac hers of 26 students in schools identified for comprehensive support and improvement. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 133 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA Required professional learning shall be related to evidence -based practices in 1 instruction, instructional materials implementation, and assessment for reading and 2 mathematics and aligned to Kentucky academic standards required by KRS 3 158.6453. 4 (10) Each superintendent or public charter school board of directors shall adopt 5 evidence-based curriculum and select high -quality instructional resources for 6 schools identified for comp rehensive support and improvement. High -quality 7 instructional materials selected by the superintendent shall be determined by the 8 department to be reliable, valid, and aligned to Kentucky academic standards 9 required by KRS 158.6453 for reading and mathematics. 10 (11) The Kentucky Board of Education shall establish annual statewide exit criteria for 11 schools identified for targeted support and improvement, additional targeted support 12 and improvement, and comprehensive support and improvement. 13 (12) If a school e nters comprehensive support and improvement status and does not 14 make any annual improvement, as determined by the department, for two (2) 15 consecutive years, or if the school does not exit the status after three (3) years, the 16 school shall enter a school in tervention process chosen by the commissioner of 17 education that provides more rigorous support and action by the department to 18 improve the school's performance. 19 (13) For school districts that include a significant number of schools, as determined by 20 the department, identified for targeted support and improvement: 21 (a) The department shall periodically review a local board's resource allocations 22 to support school improvement and provide technical assistance to the local 23 school board; and 24 (b) The department ma y provide a recommended list of turnaround or school 25 intervention providers that have demonstrated success implementing 26 evidence-based strategies. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 134 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (14) If, in the course of a school audit, the audit team identifies information suggesting 1 that a violation of KRS 160.345(8)[(9)](a) may have occurred, the commissioner of 2 education shall forward the evidence to the Office of Education Accountability for 3 investigation. 4 (15) A principal's authority and a school's right to establish an advisory [a] council 5 granted under KRS 160.345 may be restored by the local board of education two (2) 6 years after the school exits comprehensive support and improvement status. 7 Section 35. KRS 160.347 is amended to read as follows: 8 A member of a sc hool advisory council may be removed from the advisory council for 9 cause, after an opportunity for hearing before the local board, by a vote of four -fifths 10 (4/5) of the membership of a board of education after the recommendation of the chief 11 state school officer pursuant to KRS 156.132. Written notices settin g out the charges for 12 removal shall be spread on the minutes of the board and given to the member of the 13 advisory[school] council. 14 Section 36. KRS 160.348 is amended to read as follows: 15 (1) (a) The Kentucky Department of Education shall make available to schools 16 information concerning the prerequisite content necessary for success in 17 advanced coursework, including secondary courses, Advanced Placement or 18 AP courses, and International Baccalaureate or IB courses. The depar tment 19 shall provide sample syllabi, instructional resources, and instructional 20 supports for teachers that will assist in preparing students for more rigorous 21 coursework. 22 (b) Each[ school -based decision making council, or] principal[ if none exists,] 23 shall offer a core curriculum of AP, IB, dual enrollment, dual credit courses, 24 or other advanced coursework using either or both on -site instruction or 25 online alternatives. In addition , each principal[school-based decision making 26 council] shall comply with any additional requirements for AP, IB, dual 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 135 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA enrollment, dual credit, and advanced coursework courses that may be 1 established cooperatively by the Kentucky Department of Education, th e 2 Education Professional Standards Board, and the Council on Postsecondary 3 Education in accordance with the definitions in KRS 158.007. 4 (c) When practicable, the[ school-based decision making council, or] principal[ if 5 none exists,] shall offer advanced coursework, as defined in KRS 158.6453, in 6 mathematics, reading, science, and English language arts for students in 7 grades four (4) through twelve (12). 8 (2) Every[ school -based decision making council, or] principal[ if none exists,] shall 9 establish a polic y that is consistent with any district plan adopted by a local board 10 of education in accordance with KRS 158.6453(21) on the recruitment and 11 assignment of students to advanced coursework options in accordance with 12 paragraph (b) of this subsection that reco gnizes that all students have the right to 13 participate in a rigorous and academically challenging curriculum. The policy shall 14 require that the school notifies all students, parents, and guardians of the: 15 (a) Long-term benefits of student participation in advanced coursework; and 16 (b) Advanced coursework opportunities available at the school. 17 (3) Students shall be admitted to advanced coursework in accordance with the district 18 plan adopted in accordance with KRS 158.6453(21). 19 (4) Students that successfully complete high school advanced coursework shall receive 20 credit toward graduation in accordance with KRS 158.622(3). 21 (5) Students enrolled in AP or IB courses in the public schools shall have the cost of 22 the examinations paid by the Kentucky Department of Education. 23 Section 37. KRS 160.395 is amended to read as follows: 24 (1) Superintendents of public school districts shall distribute the written information 25 provided by the Office of the Attorney General and the Department for Libraries 26 and Archives under KRS 15.257 and 171.223 to each elected school board member , 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 136 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA school principal, and each advisory[school] council member, as designated in KRS 1 160.345(2), within their respective districts. Distribution shall be accomplished 2 within sixty (60) days of receiving the written information from the Office of the 3 Attorney General and the Department for Libraries and Archives. Distribution to 4 newly elected or appointed members shall be accomplished within sixty (60) days 5 of their election or appointment. The distribution may be by electronic means. 6 (2) Superintendents shall require signatory proof that each school board member , 7 school principal, and advisory[school] council member has received the written 8 information as required under sub section (1) of this section, shall maintain 9 documentation of receipt on file, and shall certify to the Office of the Attorney 10 General that the written information has been distributed as required. 11 Section 38. KRS 160.700 is amended to read as follows: 12 As used in this chapter, unless the context otherwise requires: 13 (1) "Directory information" means the student's name, address, telephone listing, date 14 and place of birth, participation in school recognized sports and activit ies, height 15 and weight of members of athletic teams, dates of attendance, awards received, 16 major field of study, and the most recent previous educational agency or institution 17 attended by the student, contained in education records in the custody of the pu blic 18 schools; 19 (2) "Educational institution" means any public school providing an elementary and 20 secondary education, including vocational; 21 (3) "Education record" means data and information directly relating to a student that is 22 collected or maintained by e ducational institutions or by a person acting for an 23 institution including academic records and portfolios; achievement tests; aptitude 24 scores; teacher and counselor evaluations; health and personal data; behavioral and 25 psychological evaluations; and direc tory data recorded in any medium including 26 handwriting, magnetic tapes, film, video, microfiche, computer -generated and 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 137 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA stored data, or data otherwise maintained and used by the educational institution or 1 a person acting for an institution. "Education record" shall not include: 2 (a) Records of instructional, supervisory, and assisting administrative personnel 3 which are in the sole possession of the maker and are not accessible or 4 revealed to any other person except a substitute for any of those persons; 5 (b) Records maintained by a law enforcement unit of the educational institution 6 that were created by that law enforcement unit for the purpose of law 7 enforcement; 8 (c) In the case of persons who are employed by an educational agency or 9 institution but who are n ot in attendance at that agency or institution, records 10 made and maintained in the normal course of business which relate 11 exclusively to that person in the person's capacity as an employee and are not 12 available for use for any other purpose; or 13 (d) Records on a student who is eighteen (18) years of age or older, which are 14 made, used, or maintained by a physician, psychiatrist, psychologist, or other 15 recognized professional or paraprofessional for treatment of the student, and 16 are not available to anyone other than persons providing this treatment, except 17 a physician or other appropriate professional of the student's choice;[.] 18 (4) "Eligible student" means a student, or a former student, who has reached the age of 19 eighteen (18) or is pursuing an education bey ond high school and therefore the 20 permission or consent required of, and the rights accorded to the parents of the 21 student shall thereafter be required of, and accorded to the student; and 22 (5) "School official" means personnel employed in instructive and a dministrative 23 positions with a school board or educational institution. Parents and other 24 noneducational persons who are elected or appointed to advisory[school-based 25 decision making] councils or committees thereof, or other voluntary boards or 26 committees shall not be considered school officials. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 138 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA Section 39. KRS 161.134 is amended to read as follows: 1 (1) (a) A teacher pursuing national board certification shall receive from the fund 2 established under KRS 161.133 a stipend of two hundred dollars ($200) per 3 day for two (2) days beyond the school contract year to prepare for the 4 certification assessments. 5 (b) A local board of education shall provide five (5) days' released time during 6 the school year for a teacher pursuing na tional board certification. The local 7 board of education shall request reimbursement from the fund established 8 under KRS 161.133 for substitute teacher pay based on the local board of 9 education salary schedule for substitute teachers and for stipends paid to a 10 teacher described in subsection (3) of this section. A local board of education 11 may, at its own expense, provide additional released time for teachers 12 pursuing national board certification. 13 (c) If a teacher does not successfully complete all assessmen ts required for 14 national board certification during a school year, the provisions in this 15 subsection may be applied to a second school year. 16 (d) When funds are not available to fully fund the requirements of paragraphs (a), 17 (b), and (c) of this subsection for all national board applicants, the board may 18 prorate the specified reimbursements in paragraphs (a) and (b) and may limit 19 the conditions unde r which provisions of paragraph (c) shall be applied to 20 second year participants. The board shall establish the procedures for carrying 21 out the provisions of this subsection in an administrative regulation. 22 (2) (a) As of July 14, 2000, a teacher who attain s national board certification shall be 23 reimbursed seventy-five percent (75%) of the certification fee for the initial 24 ten (10) year certificate, except the Education Professional Standards Board 25 may decrease the percentage of reimbursement if a teacher re ceives payment 26 other than a repayable loan for the same purpose from another source and the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 139 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA cumulative amount would exceed one hundred percent (100%) of the cost of 1 the certification fee. 2 (b) Fees for retaking one (1) or more entries of the national board assessment for 3 the initial national board certificate and fees for renewal of the certificate shall 4 be at the teacher's expense. 5 (c) [Nothing in ] This subsection shall not prohibit the board from reimbursing a 6 percentage of the initial certification fee to a teacher who has received a 7 repayable loan from a local board of education or other agency to offset initial 8 costs. 9 (3) A national board certified teacher may receive a stipend in addition to his or her 10 annual compensation for serving as a mentor to teachers within his or her school or 11 school district. The Education Professional Standards Board shall promulgate 12 administrative regulations under which a local board of educa tion, in 13 coordination[cooperation] with the school principal[school-based decision making 14 council], may establish a mentoring program within a school to utilize national 15 board certified teachers. The administrative regulations shall specify the conditions 16 for the mentoring program as well as the amount of the stipend that will be 17 provided to a teacher serving as a mentor. 18 Section 40. KRS 164.757 is amended to read as follows: 19 (1) As used in[For purposes of] this section, unless the context requires otherwise: 20 (a) "Critical shortage area" means an area in which there are insufficient numbers 21 of fully certified staff in a particular subject, school, or geographic location; 22 (b) "Emergency certified teacher" means an individua l who has not completed 23 certification requirements but has been awarded a temporary certificate for a 24 certification area in which no fully qualified teacher was available; 25 (c) "Qualified teacher" means a teacher who holds the appropriate certification 26 for a position unless the superintendent of the employing local school district 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 140 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA has documented evidence that the teacher is unsuitable for appointment; 1 (d) "Qualified teaching service" means teaching for at least seventy (70) days 2 each semester or the equivale nt in the certification area for which an 3 individual received a forgivable loan in the Kentucky school district that 4 recommended the individual for a loan or in another Kentucky private or 5 public school district in the certification area for which an indiv idual received 6 a forgivable loan if no position was available in the recommending school 7 district at the time when the individual completed his or her certification; 8 (e) "Semester" means a period which usually makes up one -half (1/2) of a school 9 year or one-half (1/2) of a postsecondary institution's academic year; and 10 (f) "Summer term" means an academic period consisting of one (1) or more 11 sessions of instruction between a spring and a fall semester at a postsecondary 12 education institution. 13 (2) To increase the number of qualified teachers in local school districts and to reduce 14 the number of emergency certified teachers, there is hereby created the district 15 teacher certification loan fund in the State Treasury. The loans shall be used to 16 provide forgivable loans to emergency certified personnel, fully certified teachers 17 who are willing to seek additional certification in hard -to-fill or critical shortage 18 areas, and paraprofessionals in local school districts to become fully certified 19 teachers and to continue service within the local district. 20 (3) The fund shall be administered by the Kentucky Higher Education Assistance 21 Authority. The authority shall promulgate administrative regulations to specify the 22 terms and conditions of the award, cancellation, and repa yment of loans, including 23 but not limited to the maximum amount that may be loaned per term and the 24 maximum aggregate amount per applicant, the selection process, eligibility for 25 renewal, the specific administrative procedures for utilizing the funds, and the rate 26 of repayment. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 141 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (4) To qualify for a forgivable loan, an applicant shall meet the following requirements: 1 (a) Be employed by a specific local district as a certified teacher, an emergency 2 full-time or part -time teacher, an emergency substitute teach er, or a 3 paraprofessional at the time he or she makes application for the loan; 4 (b) Be recommended by the superintendent as an individual that he or she would 5 recommend to be employed in a teaching position for which the applicant is 6 pursuing certification if the applicant fulfills all credentialing requirements; 7 (c) Be endorsed by the principal[school-based decision making council] of the 8 school in which he or she serves to receive a loan for the purposes of 9 obtaining teacher certification in a specific ce rtification area; except that the 10 endorsement shall not be construed as a commitment of securing a position in 11 the particular school in the future; 12 (d) Be admitted and enrolled as an undergraduate or graduate student in a 13 Kentucky private or public postsec ondary institution that offers a teacher 14 certification program in the area for which he or she is seeking certification; 15 and 16 (e) Be enrolled in a minimum of six (6) credit hours and not more than nine (9) 17 credit hours during each semester of an academic te rm while employed 18 concurrently in the school district and in not less than six (6) credit hours 19 during the summer term. If a school district recommends an applicant for a 20 loan under provisions of this section and grants a leave of absence to the 21 employee to pursue certification, the employee shall be enrolled as a full -time 22 undergraduate or graduate student as defined by the institution in which he or 23 she is enrolled. 24 (5) A participant in a local district alternative certification program as defined in KRS 25 161.048(2) may be eligible for a loan under provisions of this section to offset costs 26 associated with the program. The authority shall establish by administrative 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 142 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA regulation the specific requirements, notwithstanding requirements in subsection (4) 1 of this section. 2 (6) A loan shall not be awarded or a promissory note cancellation shall not be granted 3 to any person who is in default on any obligation to the authority under any 4 program administered pursuant to KRS 164.740 to 164.785 until financial 5 obligations to the authority are satisfied, except that ineligibility for this reason may 6 be waived by the authority for cause. 7 (7) Recipients shall render one (1) semester of qualified teaching service for each 8 semester or summer term for which a loan was received. Upon completion of each 9 semester of qualified teacher service, the authority shall cancel the appropriate 10 portion of the promissory notes. 11 (8) If the recipient of a loan fails to complete the certification at a participating 12 institution or fails to render qualified teaching service in any semester following 13 certification, unless the failure is temporarily waived for cause by the authority, the 14 recipient shall immediately become liable to the authority for repayment of the sum 15 of all outstanding promissory notes and accrued interest. Persons liable for 16 repayment of loans under this subsection shall be liable for interest accruing from 17 the dates on which the loans were disbursed. 18 (9) Failure to meet repayment obligations imposed by this section shall be cause for the 19 revocation of a person's certification, subject to the procedures set forth in KRS 20 161.120. 21 (10) All moneys repaid to the authority under this section shall be added to the fund in 22 this section. Any fund balance at the close of a fiscal year shall not lapse but shall 23 be carried forward to the next fiscal year and continuously appropriated for the 24 purposes specified in this section. 25 (11) The authority may execute appropriate contracts and promissory notes for 26 administering this section. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 143 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (12) If available funds are insufficient for all requested loans for eligible applicants 1 during any fiscal year, the a uthority shall give priority consideration to eligible 2 applicants who previously received loans. If funds are insufficient to make all 3 requested renewal loans to eligible applicants, the authority shall reduce all loans to 4 the extent necessary to provide l oans to all qualified renewal applicants. If, after 5 awarding all eligible renewal applicants, funds are not depleted, priority shall be 6 given to loans for those applicants who are seeking certification in critical shortage 7 areas. 8 Section 41. KRS 605.110 is amended to read as follows: 9 (1) (a) Any child committed to or in the custody of the cabinet or the Department of 10 Juvenile Justice who is not placed in a location where smoking cessation 11 services are provided may participate in smoking cessation services offered by 12 local health departments or their contracted agents at no cost. 13 (b) Unless provided otherwise, when any child committed to or in the custody of 14 the Department of Juvenile Justice or the cabinet requires medical or surgical 15 care or treatment, the Department of Juvenile Justice or the cabinet may 16 provide the same or arrange for the furnishing thereof by other public or 17 private agencies, and may give consent to the medical or surgical treatment. 18 For this purpose, t he services and facilities of local health officers and 19 departments shall be made available, at a cost not to exceed the Medicaid 20 reimbursement rate, to the Department of Juvenile Justice or the cabinet, and 21 as far as practicable, any publicly owned hospital shall provide hospitalization 22 without charge for any such child who is a resident of the political subdivision 23 by which the hospital is owned or operated. This section does not authorize 24 nor shall permission be granted for abortion or sterilization. 25 (2) Any child placed in a foster home by an agency duly authorized in KRS Chapter 26 620 to place a child in a foster home shall receive a complete medical, visual, and 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 144 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA dental examination by a professional authorized by the Kentucky Revised Statutes 1 to conduct such examinations. Arrangements for a child placed in a foster home to 2 receive such examinations shall be made within two (2) weeks of his or her 3 placement in a foster home and not less than every twelve (12) months thereafter. 4 (3) Children maintained in any of the facilities and programs operated or contracted by 5 the Department of Juvenile Justice or the cabinet shall, so far as possible, receive a 6 common school education. 7 (a) The Kentucky Educational Collaborative for State Agency Children shall be 8 established to serve children in facilities and programs operated or contracted 9 by the Department of Juvenile Justice or the Cabinet for Health and Family 10 Services, residential, day treatment, clinical, and group home programs. All 11 policies and procedures necessa ry to educate state agency children shall be 12 approved by the Kentucky Board of Education. All duties, responsibilities, 13 rights, and privileges specifically imposed on or granted to the local education 14 administration units shall be imposed on or granted to the Department of 15 Juvenile Justice or the Cabinet for Health and Family Services and contracted 16 agencies with regard to educating agency children. Classrooms for the 17 Kentucky Educational Collaborative for State Agency Children shall be 18 within or near the f acilities and programs operated or contracted by the 19 Department of Juvenile Justice or the cabinet. The Kentucky Department of 20 Education, the Department of Juvenile Justice, and the Cabinet for Health and 21 Family Services, Department for Community Based Ser vices, shall develop a 22 biennial plan regarding the educational needs and provisions of educational 23 programs, with emphasis on the coordination of all treatment services and 24 funds available to provide for the education of state agency children. The 25 biennial plan shall include strategies to assure that teacher preparation 26 programs include content related to working with state agency children and 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 145 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA that adequate professional development opportunities for better meeting the 1 needs of these students are available for teachers and schools. 2 (b) Teachers and other staff shall be hired on contract through a local school 3 district or if a local school district is not willing to participate, teachers may 4 be hired by the Kentucky Educational Collaborative for State Agency 5 Children or a contract may be entered into with a private provider of 6 educational services. All certified educational staff hired by the Kentucky 7 Educational Collaborative for State Agency Children shall be members of the 8 Kentucky Teachers' Retirement System. 9 (c) Beginning July 1, 1993, the Kentucky Education Collaborative for State 10 Agency Children shall be financed through: 11 1. The amount generated by state agency children under the Support 12 Education Excellence in Kentucky program as provided in KRS 157.360 13 for the guaranteed base and adjustments for the number of at -risk 14 students, exceptional students, and transportation costs; 15 2. A per -pupil distribution of professional development funds with the 16 collaborative serving as a consortium for state agency children; 17 3. A per-pupil distribution of technology funds in accordance with the state 18 education technology plan pursuant to KRS 156.670 and the formula for 19 the distribution of funds to local school districts; 20 4. A per-pupil distribution of textbook funds pursua nt to KRS 157.100 and 21 157.190; 22 5. The funding for school services for state agency children authorized by 23 KRS 158.135; and 24 6. Other grants and entitlements, including federal funds, identified in the 25 implementation plan developed pursuant to paragraph (f) of this 26 subsection for the education of Kentucky's children. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 146 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (d) The commissioner of Juvenile Justice and the secretary of the Cabinet for 1 Health and Family Services shall promulgate administrative regulations, 2 pursuant to KRS Chapter 13A, with the assista nce of the Kentucky 3 Department of Education and upon recommendation of the Kentucky Board 4 of Education regarding the governance, curriculum, and other topics 5 necessary to educate state agency children. The regulations shall: 6 1. Provide for the development and implementation of interagency 7 agreements that: 8 a. Define the financial responsibility of each state and local agency 9 for providing services to state agency children; 10 b. Establish procedures for resolving interagency disputes among 11 agencies that are parties to the agreements; and 12 2. Provide procedures for the implementation of the Kentucky statutes 13 regarding school -based policies as defined in Section 1 of this 14 Act[decision making] , student outcomes, accountability, assessment, 15 rewards and sanctions, tec hnology, staff development, salaries, and the 16 development of coordinated individual treatment, education, and 17 transition plans to ensure compliance with present education and 18 treatment laws and regulations specific to the needs of children in the 19 programs of the Cabinet for Health and Family Services. 20 (e) When the placement of a state agency child is changed so that the state agency 21 child must transfer from one school or educational facility to a different 22 school or educational facility, the school or educa tional facility that the state 23 agency child is leaving shall, within two (2) days of the state agency child 24 leaving, prepare an educational passport for the child, which shall be 25 delivered to the cabinet or the Department of Juvenile Justice. The cabinet o r 26 the Department of Juvenile Justice shall, within two (2) days of enrolling a 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 147 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA state agency child in a new school or educational facility, present the 1 educational passport to the receiving school or educational facility. 2 (f) The commissioner of Juvenile Ju stice and the secretary of the Cabinet for 3 Health and Family Services and the commissioner of the state Department of 4 Education shall initiate development of a plan for implementation of the 5 Kentucky Educational Collaborative for State Agency Children. 6 Section 42. KRS 160.1596 is amended to read as follows: 7 (1) (a) For purposes of this section, a member of the board of directors of a public 8 charter school shall be considered an officer under KRS 61.040 and shall, 9 within sixty (60) days of final approval of an application, take an oath of 10 office as required under KRS 62.010. 11 (b) Within seventy -five (75) days of the final approval of an application, the 12 board of directors and the authorizer shall enter into a binding charter contract 13 that establishes the academic and operational performance expectations and 14 measures by which the public charter school will be evaluated. 15 (c) The executed charter contract shall become the final authorization for the 16 public charter school. The charter contract shall include: 17 1. The term of the contract; 18 2. The agreements relating to each ite m required under KRS 160.1592(3) 19 and 160.1593(3), as modified or supplemented during the approval 20 process; 21 3. The rights and duties of each party; 22 4. The administrative relationship between the authorizer and the public 23 charter school; 24 5. The allocation of state, local, and federal funds, and the schedule to 25 disburse funds to the public charter school by the authorizer; 26 6. The process the authorizer will use to provide ongoing oversight, 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 148 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA including a process to conduct annual site visits; 1 7. The specific com mitments of the public charter school authorizer 2 relating to its obligations to oversee, monitor the progress of, and 3 supervise the public charter school; 4 8. The process and criteria the authorizer will use to annually monitor and 5 evaluate the overall acad emic, operating, and fiscal conditions of the 6 public charter school, including the process the authorizer will use to 7 oversee the correction of any deficiencies found in the annual review; 8 9. The process for revision or amendment to the terms of the charte r 9 contract agreed to by the authorizer and the board of directors of the 10 public charter school; 11 10. The process agreed to by the authorizer and the board of directors of the 12 public charter school that identifies how disputes between the authorizer 13 and the board will be handled; and 14 11. Any other terms and conditions agreed to by the authorizer and the 15 board of directors, including pre -opening conditions. Reasonable 16 conditions shall not include enrollment caps or operational requirements 17 that place undue con straints on a public charter school or are 18 contradictory to the provisions of KRS 160.1590 to 160.1599 and 19 161.141. Such conditions, even when incorporated in a charter contract, 20 shall be considered unilaterally imposed conditions. 21 (d) 1. The performance provisions within a charter contract shall be based on a 22 performance framework that sets forth the academic and operational 23 performance indicators, measures, and metrics to be used by the 24 authorizer to evaluate each public charter school. The performance 25 framework shall include at a minimum indicators, measures, and metrics 26 for: 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 149 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA a. Student academic proficiency; 1 b. Student academic growth; 2 c. Achievement gaps in both student proficiency and student growth 3 for student subgroups, including race, sex, socioecono mic status, 4 and areas of exceptionality; 5 d. Student attendance; 6 e. Student suspensions; 7 f. Student withdrawals; 8 g. Student exits; 9 h. Recurrent enrollment from year to year; 10 i. College or career readiness at the end of grade twelve (12); 11 j. Financial performance and sustainability; and 12 k. Board of directors' performance and stewardship, including 13 compliance with all applicable statutes, administrative regulations, 14 and terms of the charter contract. 15 2. The performance framework shall allow the inclusion of additional 16 rigorous, valid, and reliable indicators proposed by a public charter 17 school to augment external evaluations of its performance. The proposed 18 indicators shall be consistent with the purposes of KRS 160.1590 to 19 160.1599 and 161.141 and shall be negotiated with the authorizer. 20 3. The performance framework shall require the disaggregation of student 21 performance data by subgroups, including race, sex, socioeconomic 22 status, and areas of exceptionality. 23 4. The authorizer shall be responsi ble for collecting, analyzing, and 24 reporting to the state board all state -required assessment and 25 achievement data for each public charter school it oversees. 26 (e) Annual student achievement performance targets shall be set, in accordance 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 150 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA with the state acc ountability system, by each public charter school in 1 conjunction with its authorizer, and those measures shall be designed to help 2 each school meet applicable federal, state, and authorizer goals. 3 (f) The charter contract shall be signed by the chair of th e governing board of the 4 authorizer and the chair of the board of directors of the public charter school. 5 An approved charter application shall serve as a charter contract for the public 6 charter school. 7 (g) No public charter school may commence operations without a charter contract 8 executed according to this section and approved in an open meeting of the 9 governing board of the authorizer. 10 (2) Within five (5) days after entering into a charter contract, a copy of the executed 11 contract shall be submitted by the authorizer to the commissioner of education. 12 (3) For the purposes of local and state funding, a public charter school shall serve as a 13 school of the district of location. 14 (4) For the purposes of federal funding, a public charter school shall serve as a local 15 education agency. 16 (5) All students enrolled in a public charter school shall be included in the average 17 daily attendance calculation under KRS 157.360 and the aggregate and average 18 daily attendance of transported pupils calculation under KRS 157.370 of the district 19 of location in the same manner as any other public schools in the district and shall 20 be reported by the public charter schools to the school district and state Department 21 of Education for purposes of calculating the state and local share of funding for 22 each public charter school. 23 (6) Notwithstanding the formula for allocating district funds under KRS 24 160.345(7)[(8)] and any other statute governing a district's funding of schools, 25 unless an authorizing district agrees to provide a larger sum of funding in the 26 charter contract, after local capital outlay funds that are restricted in use pursuant to 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 151 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA KRS 157.420(4) and funds under KRS 157.440(1)(b) and 157.621 necessary to 1 meet debt service obligations on bonds or other financing mechanisms for n ew 2 construction and renovation projects for school facilities are excluded, and before 3 any other funds are budgeted for district use, a district shall transfer to each of the 4 public charter schools located within the district: 5 (a) The amount that is propor tional to the public charter school's enrollment or 6 average daily attendance in comparison with the overall district qualifying 7 numbers for: 8 1. Funds that are related to students' attendance and enrollment and 9 allocated to the district of location pursuant to KRS 157.360; 10 2. Any add-on or funding factors provided for in the state budget; 11 3. Any add -on or funding factors provided for by the Kentucky 12 Department of Education; and 13 4. Funds pursuant to KRS 157.360(2)(a) and (b) and (13)(a). 14 For each funding source identified in this paragraph, the transfer amount shall 15 be based on the public charter school's qualifying student enrollment or 16 average daily attendance, depending on the method used in the funding 17 source's calculation; 18 (b) On a proportionate per pupil basis: 19 1. Education funds allocated to the school district pursuant to KRS 20 157.440(1)(a) and (2)(a), or pursuant to any applicable federal statute; 21 and 22 2. All taxes and payments in lieu of taxes transferred to the district of 23 location or levied and collected by the district of location; and 24 (c) On a proportionate per pupil transported basis, transportation funds calculated 25 pursuant to KRS 157.360(2)(c) and 157.370 and distributed to the district of 26 location, unless the school district provides transportat ion to students 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 152 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA attending the public charter school under written terms agreed upon by the 1 district and the public charter school in either the charter contract or, if the 2 district is not the public charter school's authorizer, a separate agreement. 3 (7) (a) If transportation funds are transferred under this section to a public charter 4 school, then the public charter school receiving those funds shall provide 5 transportation services to the enrolled students residing within the district of 6 location. 7 (b) If funds designated for providing additional services to specific students are 8 transferred under this section, then the public charter school receiving those 9 funds shall provide those services in the same manner as the district of 10 location. 11 (c) If transportation services are not provided by the public charter school and no 12 written agreement to provide transportation services with the district of 13 location exists, then no transportation funds shall be transferred and the 14 district of location shall not be responsible for providing transportation to the 15 public charter school's students. 16 (8) Notwithstanding the identification of funds to be transferred in this section, a 17 collaborative among local school boards authorizing a public charter school may 18 negotiate among the local boards and a charter applicant to identify the amount of 19 funds to be transferred to the public charter school. The agreement shall be detailed 20 in the charter contract. 21 (9) (a) For the calculation of amounts under subsections (6) and (7) of this section 22 during the first school year of operation of a public charter school in a school 23 district, beginning with the start of instruction: 24 1. The public charter school's average daily attendance shall be calculated 25 based on a projection of th e public charter school's enrollment and the 26 district's overall average daily attendance; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 153 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 2. The public charter school's aggregate daily attendance of students 1 transported shall be calculated based on a projection of the public 2 charter school's enrollment and transportation plan and the district's 3 overall aggregate daily attendance of students transported; and 4 3. The amounts attributable to each individual student's attendance at the 5 public charter school shall be calculated based on a projection of the 6 public charter school's enrollment and demographics and the district's 7 overall enrollment and demographics. 8 (b) The calculations shall be adjusted in January of the first school year of 9 operation to reflect the first semester's actual data. Subsequent years o f 10 operation shall be calculated using actual data from the prior school year. 11 (10) (a) Funds identified for transfer under this section shall be transferred by a district 12 of location to each of the public charter schools located within the district. 13 However, up to three percent (3%) of the funds identified under this section 14 for transfer to a public charter school may be retained by an authorizer as an 15 authorizer fee. 16 (b) If the authorizer of a public charter school does not include the local board of 17 education of the district of location, then the district of location shall transfer 18 the authorizer fee to the public charter school's authorizer. 19 (c) If the Kentucky Board of Education requires the authorization of a public 20 charter school on appeal from an aut horizer, the board shall receive twenty -21 five percent (25%) of the authorizing fee for the duration of joint oversight 22 required by KRS 160.1595. 23 (11) Funds identified for transfer by a district of location to a public charter school under 24 this section shall be transferred throughout the school year according to a schedule 25 determined by the state board. The scheduled dates shall be within thirty (30) days 26 of the dates of state disbursement of funds to school districts. Failure to transfer 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 154 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA required funds shall , for every five (5) days late, result in a fine to the violator of 1 not less than five percent (5%) of the total funds per funding period to be 2 transferred. Fines imposed shall be transferred to the public charter school affected 3 by the delay. 4 (12) A public charter school shall be eligible for federal and state competitive grants and 5 shall not be excluded from an opportunity to apply or participate so long as the 6 public charter school meets the criteria established for the respective grants. Each 7 public charter school that receives grant aid shall comply with all requirements to 8 receive such aid. 9 (13) A public charter school shall receive a proportionate per pupil share of any state 10 moneys not otherwise identified in this section that is received by the scho ol district 11 of location. The public charter school shall also receive, according to federal law, 12 moneys generated under federal categorical aid programs for students that are 13 eligible for the aid and attending the public charter school. Each public charter 14 school that receives such aid shall comply with all requirements to receive such aid. 15 (14) The commissioner of education shall apply for all federal funding that supports 16 charter school initiatives for which a state must be the applicant and shall coopera te 17 with any public charter school in its efforts to seek federal funding. 18 (15) If a public charter school closes for any reason, the assets of the school shall be 19 distributed first to satisfy outstanding payroll obligations for employees of the 20 school, the n to the creditors of the school, then to the district of location or 21 authorizing districts if authorized by a collaborative of local boards of education. If 22 the assets are insufficient to satisfy outstanding obligations, the authorizer shall 23 petition to Circuit Court of the county in which the public charter school is located 24 to prioritize the distribution of assets. 25 (16) The state board shall promulgate administrative regulations to: 26 (a) Establish the process to be used to evaluate the performance of a ch arter 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 155 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA school authorizer, based upon the requirements of KRS 160.1590 to 160.1599 1 and 161.141, and the actions to be taken in response to failures in 2 performance; and 3 (b) Govern the calculation and distribution of funds due to public charter schools 4 from school districts, the schedule of distribution of funds, and the imposition 5 of fines for late distribution of funds. 6 (17) By August 31, 2023, and annually thereafter, each public charter school authorizer 7 shall submit to the commissioner of education, the se cretary of the Education and 8 Labor Cabinet, and the Interim Joint Committee on Education a report to include: 9 (a) The names of each public charter school operating under contract with the 10 authorizer during the previous academic year that: 11 1. Closed during or after the academic year; or 12 2. Had the contract nonrenewed or revoked; 13 (b) The names of each public charter school operating under contract with the 14 authorizer during the previous academic year that have not yet begun to 15 operate; 16 (c) The number of appli cations received, the number reviewed, and the number 17 approved; 18 (d) A summary of the academic and financial performance of each public charter 19 school operated under contract with the authorizer during the previous 20 academic year; and 21 (e) The authorizing dut ies and functions performed by the authorizer during the 22 previous academic year. 23 Section 43. KRS 156.132 is amended to read as follows: 24 As used in this section, except subsection (1), "public school officer" means a person who 25 previously served as a superintendent of schools during which time charges were brought 26 against him or her under this section. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 156 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (1) The chief state school officer sha ll recommend, by written charges to the proper 1 school authorities having immediate jurisdiction, the removal of any superintendent 2 of schools, principal, teacher, member of an advisory[ a school] council, or other 3 public school officer as to whom he or she has reason to believe is guilty of 4 immorality, misconduct in office, incompetency, willful neglect of duty, or 5 nonfeasance. In the case of a member of an advisory[a school] council, the written 6 charges shall be provided to the local board of education. 7 (2) The chief state school officer shall recommend by written charges the suspension 8 by the Kentucky Board of Education of any superintendent of schools or other 9 public school officer whom he or she has reason to believe is guilty of immorality, 10 misconduct in office, incompetency, willful neglect of duty, or nonfeasance. If the 11 charges brought under this subsection represent an immediate threat to the public 12 health, safety, or welfare, the Kentucky Board of Education shall summarily 13 suspend the person against whom the charges are made. The action by the Kentucky 14 Board of Education may be taken upon a recommendation of the chief state school 15 officer, or the action may be taken by a majority vote of the Kentucky Board of 16 Education without recommendation from the chief state school officer. 17 (3) The Kentucky Board of Education may suspend a district superintendent of schools 18 or other public school officer under subsection (2) of this section or remove him or 19 her pursuant to subsection (5) of this section only if, after thirty (30) days of receipt 20 of the written charges specified in subsection (1) of this section, the proper school 21 authorities having immediate jurisdiction, either the superintendent or the district 22 board of education, have refused to act, have acted in bad faith, arbitrarily, or 23 capriciously, or if a recommendation to the district board would have been futile. 24 (4) Any officer suspended by the Kentucky Board of Education under subsection (2) of 25 this section shall be furnished with an emergency order sp ecifying in detail the 26 reasons for suspension and notifying the officer of his or her right to appeal the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 157 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA action and have an emergency hearing pursuant to KRS 13B.125. 1 (5) As an alternative to first seeking suspension, the chief state school officer may 2 recommend by written charges the removal by the Kentucky Board of Education of 3 any superintendent of schools or other public school officer whom he or she has 4 reason to belie ve is guilty of immorality, misconduct in office, incompetency, 5 willful neglect of duty, or nonfeasance. The officer against whom the written 6 charges are issued by the chief state school officer shall be furnished with the 7 written charges and notice of pro cedural rights conferred under KRS Chapter 13B. 8 Within twenty (20) days after receipt of the charges, the officer may notify the 9 Kentucky Board of Education of his or her intention to appear and answer the 10 charges. Upon appeal, an administrative hearing sh all be conducted in accordance 11 with KRS Chapter 13B. If the officer fails to notify the board of his or her intention 12 to appear and answer the charges, the Kentucky Board of Education may remove 13 the officer by a majority vote, and the dismissal shall be final. 14 (6) The hearing shall be public or private at the discretion of the accused former or 15 current superintendent and shall be public when testimony is taken for board 16 members. 17 (7) The Kentucky Board of Education may meet in closed session to consider the 18 evidence and may by a majority vote remove the officer. If the board votes to 19 remove the officer, the board shall prepare final order specifying which charge or 20 charges it found to be the basis for removal. If within ninety (90) days from the date 21 of suspe nsion if applicable, the state board has not removed the officer, or has 22 dismissed the charges, the suspended officer shall be reinstated and shall be paid his 23 or her full salary for the period of suspension. 24 (8) The officer shall have a right to appeal on the record to the Circuit Court located in 25 the county of the school district in accordance with KRS Chapter 13B. If the 26 decision of the court is against removal, the officer shall be paid his or her full 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 158 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA salary from the date of suspension. The payment sha ll be made from funds 1 appropriated to the State Department of Education. 2 (9) If a superintendent of schools is removed from office or resigns while charges are 3 pending pursuant to this section after July 15, 1994, any continuing contract 4 pursuant to KRS 161.720 to 161.810 shall be terminated. If the removal is reversed 5 upon appeal, the continuing contract shall be restored and he or she shall be paid 6 his or her full salary for the period of suspension. 7 Section 44. KRS 158.305 is amended to read as follows: 8 (1) As used in this section: 9 (a) "Aphasia" means a condition characterized by either partial or total loss of the 10 ability to communicate verbally or through written words. A person with 11 aphasia may have difficulty speaking, reading, writing, recognizing the names 12 of objects, or understanding what other people have said. The condition may 13 be temporary or permanent and does not include speech problems caused by 14 loss of muscle control; 15 (b) "Dyscalculia" means the inability t o understand the meaning of numbers, the 16 basic operations of addition and subtraction, the complex operations of 17 multiplication and division, or to apply math principles to solve practical or 18 abstract problems; 19 (c) "Dysgraphia" means difficulty in automati cally remembering and mastering 20 the sequence of muscle motor movements needed to accurately write letters or 21 numbers; 22 (d) "Dyslexia" has the same meaning as in KRS 158.307; 23 (e) "Enrichment program" means accelerated intervention within the school day 24 or ou tside of the school day or school calendar led by individuals most 25 qualified to provide the intervention that includes evidence -based reading 26 instructional programming related to reading instruction in the areas of 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 159 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA phonemic awareness, phonics, fluency, voc abulary, and comprehension, and 1 other instructional strategies aligned to reading and writing standards required 2 by KRS 158.6453 and outlined in administrative regulation promulgated by 3 the Kentucky Board of Education; 4 (f) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21); 5 (g) "Phonemic awareness" has the same meaning as in KRS 158.307; 6 (h) "Reading diagnostic assessment" has the same meaning as in KRS 158.792; 7 (i) "Reading improvement plan" means an accelerated intervention plan for a 8 student in kindergarten through grade four (4) that is developed to increase a 9 student's rate of progress toward proficient performance in reading that is 10 identified as necessary based on the student's results on an approved reading 11 diagnostic assessment. Thi s plan should be developed in collaboration and 12 accordance with any existing program services plan, individualized education 13 program, or Section 504 Plan unless the program services plan, individualized 14 education program, or Section 504 Plan already addresses improving reading; 15 (j) "Reading improvement team" means a team that develops and oversees the 16 progress of a reading improvement plan and includes: 17 1. The parent or guardian of the student that is the subject of the reading 18 improvement plan; 19 2. No less than one (1) regular education teacher of the student to provide 20 information about the general curriculum for same-aged peers; 21 3. A representative of the local education agency who is knowledgeable 22 about the reading curriculum and the availability of the e vidence-based 23 literacy resources of the local education agency; and 24 4. Any specialized certified school employees for students receiving 25 language instruction educational programming or special education 26 services; and 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 160 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (k) "Universal screener" means a process of providing a brief assessment to all 1 students within a grade level to assess the students' performance on the 2 essential components of reading. 3 (2) Notwithstanding any other statute or administrative regulation to the contrary, the 4 Kentucky Board of Education shall promulgate administrative regulations to further 5 define a multitiered system of supports for district-wide use of a system for students 6 in kindergarten through grade three (3), that includes a tiered continuum of 7 interventions with varying levels of intensity and duration and which connects 8 general, compensatory, and special education programs to provide interventions 9 implemented with fidelity to evidence -based research and matched to individual 10 student strengths and needs. At a minimum, evidence of implementation shall be 11 submitted by the district to the departme nt by October 1 of each year and shall 12 include but not be limited to the activities required under KRS 158.649. 13 (3) The department shall provide technical assistance and training, if requested by a 14 local district, to assist in the implementation of the dis trict-wide, multitiered system 15 of supports as a means to identify and assist any student experiencing difficulty in 16 reading, writing, mathematics, or behavior and to determine appropriate 17 instructional modifications needed by advanced learners to make cont inuous 18 progress. 19 (4) The technical assistance and training shall be designed to improve: 20 (a) The use of specific screening processes and programs to identify student 21 strengths and needs; 22 (b) The use of screening data for designing instructional interventions; 23 (c) The use of multisensory instructional strategies and other interventions 24 validated for effectiveness by evidence-based research; 25 (d) Progress monitoring of student performance; and 26 (e) Accelerated, intensive, direct instruction that addresses stude nts' individual 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 161 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA differences, including advanced learners, and enables students that are 1 experiencing difficulty to catch up with typically performing peers. 2 (5) (a) Each superintendent or public charter school board of directors shall select: 3 1. At least one (1) universal screener for reading that is determined by the 4 department to be reliable and valid to be administered to all students in 5 kindergarten through grade three (3); and 6 2. At least one (1) reading diagnostic assessment for reading that is 7 determined by the department to be reliable and valid to be administered 8 as part of a multitiered system of supports for students in kindergarten 9 through grade three (3). 10 (b) Notwithstanding KRS 158.6453(19) and 160.345, each superintendent or 11 public charter sch ool board shall adopt a common comprehensive reading 12 program that is determined by the department to be reliable, valid, and aligned 13 to reading and writing standards required by KRS 158.6453 and outlined in 14 administrative regulation promulgated by the Kent ucky Board of Education 15 for kindergarten through grade three (3) for all schools or a subset of schools, 16 with consultation of all affected elementary advisory[school] councils. 17 (c) All teachers of students in kindergarten through grade three (3), including 18 public charter school teachers, shall be trained on any reading diagnostic 19 assessment and universal screener selected by the superintendent or public 20 charter school board prior to administration of the assessment. The training 21 shall address: 22 1. How to properly administer the reading diagnostic assessment; 23 2. How to interpret the results of the reading diagnostic assessment to 24 identify students needing interventions; 25 3. How to use the assessment results to design instruction and 26 interventions; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 162 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 4. The use of the assessment to monitor the progress of student 1 performance; and 2 5. The use of accelerated, intensive, and direct instruction that addresses 3 students' individual differences and enables students to achieve 4 proficiency in reading, including but not limit ed to daily, one -on-one 5 instruction. 6 (6) A universal screener determined by the department to be reliable and valid shall be: 7 (a) Given in the first forty -five (45) days of the school year for all kindergarten 8 students at a public school or public charter school; 9 (b) Given in the first thirty (30) days of the school year for grades one (1) through 10 three (3) at a public school or public charter school; and 11 (c) Given within the final fourteen (14) instructional days of the school year to all 12 students in kinde rgarten and first grade at a public school or public charter 13 school. 14 (7) A reading improvement plan shall be developed and implemented by a reading 15 improvement team for any student in kindergarten through grade three (3) identified 16 as needing accelerated i nterventions to progress toward proficient performance in 17 reading. The reading improvement plan shall require: 18 (a) Intensive intervention that includes effective instructional strategies and 19 appropriate instructional materials necessary to help the student make 20 accelerated progress toward proficient performance in reading and become 21 ready for the next grade, including but not limited to daily, one -on-one 22 instruction with students the most in need provided by certified teachers 23 specifically trained to provide one-on-one instruction; 24 (b) A school to provide a written quarterly progress report containing the 25 information required by paragraph (a) of this subsection to a parent or 26 guardian of any student subject to a reading improvement plan. The written 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 163 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA quarterly progress report for the read ing improvement plan may be included 1 in the school's existing quarterly progress report; and 2 (c) Individual placement decisions for children who are eligible for special 3 education and related services to be determined by the appropriate admissions 4 and rele ase committee in accordance with administrative regulations 5 promulgated by the Kentucky Board of Education. 6 (8) If a student's rate of progress toward proficient performance in reading needs 7 accelerated interventions as demonstrated by the results of an ap proved reading 8 diagnostic assessment, the local school district shall provide: 9 (a) Enrichment programs through grade three (3) using evidence -based reading 10 instruction and other strategies; 11 (b) Intensive instructional services, progress monitoring measures , and supports 12 to students through grade three (3); and 13 (c) Parents and legal guardians of students identified for accelerated interventions 14 in reading in kindergarten through grade three (3) with a "Read at Home" 15 plan, including information on how to part icipate in regular parent -guided 16 home reading. 17 (9) (a) Beginning in the 2025-2026 school year: 18 1. A kindergarten student who had a reading improvement plan for the 19 school year may remain in kindergarten for an additional school year if a 20 school determines that the student: 21 a. Did not meet grade level benchmarks in reading while in 22 kindergarten as determined by the universal screener given in 23 accordance with subsection (6) of this section; 24 b. Did not master the Kentucky reading academic standards for 25 kindergarten students based on assessments given in accordance 26 with KRS 158.6453(8); or 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 164 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA c. Is not properly prepared to be successful in the first grade; and 1 2. A first -grade student who had a reading improvement plan for the 2 school year shall remain in first grad e for an additional school year if a 3 school determines that the student: 4 a. Did not meet grade level benchmarks in reading while in first 5 grade as determined by the universal screener given in accordance 6 with subsection (6) of this section; 7 b. Did not mast er the Kentucky reading academic standards for first 8 grade students based on assessments given in accordance with 9 KRS 158.6453(8); or 10 c. Is not properly prepared to be successful in the second grade. 11 (b) Notwithstanding paragraph (a) of this subsection, pl acement decisions for 12 students eligible for special education and related services shall be determined 13 by the admissions and release committee in accordance with administrative 14 regulations promulgated by the Kentucky Board of Education. 15 (c) Notwithstanding paragraph (a) of this subsection, a student who remained in 16 kindergarten under this subsection shall not subsequently be required to 17 remain in first grade, and a student shall not be required to remain in first 18 grade for more than one (1) additional year. 19 (d) The school shall reevaluate and make necessary changes to the reading 20 improvement plan of any student remaining in kindergarten or first grade and 21 shall continue to provide all programs and services required under subsection 22 (8) of this section during the additional year of kindergarten or first grade. 23 (e) A student provided an additional year of kindergarten or first grade under this 24 subsection may advance through the primary school program when it is 25 determined by the school to be in the best educati onal interest of the student 26 pursuant to KRS 158.031. 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 165 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (10) If a student does not score in the proficient performance level or higher in reading, 1 as defined in KRS 158.791(2), on the state annually required grade three (3) 2 assessment, the local school district shall provide: 3 (a) 1. Enrichment programs in grade four (4) using evidence -based reading 4 instruction and other strategies; or 5 2. Intensive instructional services, progress monitoring measures, and 6 supports to students in grade four (4); and 7 (b) Written notification of the interventions and supports described in paragraph 8 (a) of this subsection to the parent or legal guardian of the student, including a 9 description of proposed interventions and supports to be provided. 10 (11) By September 1, 2023, if funds are appropriated, the department shall establish 11 required teacher academies or coaching models for teachers of students in 12 prekindergarten through grade three (3). The teacher academies or coaching models 13 shall be related to evidence -based practices in in struction, instructional materials, 14 and assessment in reading. 15 (12) The department shall develop and maintain a web -based resource providing 16 teachers access to: 17 (a) Information on the use of specific screening processes and programs to 18 identify student strengths and needs, including those for advanced learners; 19 (b) Current, evidence-based research and age -appropriate instructional tools that 20 may be used for substantial, steady improvement in: 21 1. Reading when a student is experiencing difficulty with phonemic 22 awareness, phonics, vocabulary, fluency, general reading 23 comprehension, or reading in specific content areas, or is exhibiting 24 characteristics of dyslexia, aphasia, or other reading difficulties; 25 2. Writing when a student is experiencing difficulty with consistently 26 producing letters or numbers with accuracy or is exhibiting 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 166 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA characteristics of dysgraphia; 1 3. Mathematics when a student is experiencing difficulty with basic math 2 facts, calculations, or application through problem solving, or is 3 exhibiting characteristics of dyscalculia or other mathematical 4 difficulties; or 5 4. Behavior when a student is exhibiting behaviors that interfere with his 6 or her learning or the learning of other students; and 7 (c) Current, evidence-based research and age -appropriate instructional tools that 8 may be used for continuous progress of advanced learners. 9 (13) The department shall encourage districts to utilize both state and federal fu nds as 10 appropriate to implement a district-wide multitiered system of supports. 11 (14) The department is encouraged to coordinate technical assistance and training on 12 current best practice interventions with state postsecondary education institutions. 13 (15) The department shall collaborate with the statewide reading research center 14 established under KRS 164.0207, the Kentucky Center for Mathematics, the 15 Kentucky Center for Instructional Discipline, the Education Professional Standards 16 Board, the Council on Pos tsecondary Education, postsecondary teacher education 17 programs, and other agencies and organizations as deemed appropriate to ensure 18 that teachers are prepared to utilize evidence -based interventions in reading, 19 writing, mathematics, and behavior. 20 (16) In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to 21 determine appropriate instructional strategies for curriculum implementation shall 22 not be considered to be an evaluation for eligibility for special education and related 23 services and nothing in this section shall limit a school district from completing an 24 initial evaluation of a student suspected of having a disability. 25 Section 45. KRS 158.6452 is amended to read as follows: 26 (1) A School Curriculum, Assessment, and Accountability Council is hereby created to 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 167 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA study, review, and make recommendations concerning Kentucky's system of setting 1 academic standards, assessing learning, identifying academic competencies and 2 deficiencies of individual students, h olding schools accountable for learning, and 3 assisting schools to improve their performance. The council shall advise the 4 Kentucky Board of Education and the Legislative Research Commission on issues 5 related to the development and communication of the acad emic expectations and 6 core content for assessment, the development and implementation of the statewide 7 assessment and accountability program, recognition of high performing schools, 8 imposition of sanctions, and assistance for schools to improve their perfo rmance 9 under KRS 158.6453, 158.6455, 158.782, and 158.805. 10 (2) The School Curriculum, Assessment, and Accountability Council shall be 11 composed of seventeen (17) voting members appointed by the Governor. On 12 making appointments to the council, the Governor s hall assure broad geographical 13 representation and representation of elementary, middle, and secondary school 14 levels; assure equal representation of the two (2) sexes, inasmuch as possible; and 15 assure that appointments reflect the minority racial compositio n of the 16 Commonwealth. The members shall serve terms of two (2) years with no member 17 serving more than two (2) consecutive terms, except that seven (7) of the initial 18 appointments shall be for four (4) year terms. The members shall be appointed as 19 follows: 20 (a) Two (2) parents from recommendations submitted by organizations 21 representing advisory[school] councils and parents; 22 (b) Two (2) teachers from recommendations submitted by organizations 23 representing teachers; 24 (c) Two (2) superintendents from recommenda tions submitted by organizations 25 representing superintendents; 26 (d) Two (2) principals from organizations representing school administrators; 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 168 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (e) Two (2) local school board members from recommendations submitted by 1 organizations representing school boards; 2 (f) Two (2) school district assessment coordinators from recommendations 3 submitted by organizations representing district assessment coordinators; 4 (g) Two (2) employers in the state from recommendations submitted by 5 organizations representing business and industry; 6 (h) Two (2) university professors with expertise in assessment and measurement; 7 and 8 (i) One (1) at-large member. 9 (3) The School Curriculum, Assessment, and Accountability Council shall elect a chair 10 annually from its membership. 11 (4) The members s hall be remunerated for actual and necessary expenses incurred 12 while attending meetings of the council or while serving as representative of the 13 council. 14 (5) The School Curriculum, Assessment, and Accountability Council shall meet at least 15 four (4) times each year at times and places as it determines by resolution. 16 (6) The School Curriculum, Assessment, and Accountability Council shall be attached 17 to the Department of Education for administ rative purposes. It shall be provided 18 appropriate staff and resources to conduct its work. 19 Section 46. KRS 158.648 is amended to read as follows: 20 (1) The State Advisory Council for Gifted and Talented Education is hereby created 21 and attached to the Kentucky Department of Education. The council's purpose is to 22 make recommendations regarding the provisions of services for gifted and talented 23 students in Kentucky's education system. 24 (a) The council shall be composed of ninet een (19) voting members who shall be 25 appointed by the Governor and three (3) nonvoting, ex officio members. The 26 members shall be appointed representing various constituencies as follows: 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 169 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA 1. Four (4) members shall be teachers within local school districts 1 representing elementary, middle, and high school levels with at least one 2 (1) full-time teacher of gifted and talented students and one (1) full -time 3 teacher who teaches in a regular classroom; 4 2. Four (4) members shall be parents of students in local schoo l districts, 5 including two (2) parents of students identified as gifted and talented 6 and at least one (1) who serves or has served on an advisory[a school] 7 council established under Section 1 of this Act; 8 3. Three (3) members shall be from postsecondary ed ucation institutions, 9 including one (1) from an independent college or university; 10 4. One (1) member shall be a superintendent of a local school district; 11 5. Two (2) members shall be principals, including one (1) from an 12 elementary or middle school and one (1) from a high school; 13 6. Two (2) members shall be coordinators of gifted and talented programs 14 and services in local school districts; 15 7. One (1) member shall be a local board of education member; 16 8. One (1) member shall represent the visual and performing arts; and 17 9. One (1) member shall be appointed from the private business sector. 18 (b) The three (3) nonvoting ex officio members shall be: the state consultant for 19 gifted and talented education in the Kentucky Department of Education, a 20 staff person des ignated by the executive secretary of the Education 21 Professional Standards Board, and a staff person designated by the president 22 of the Council on Postsecondary Education. Vacancies shall be filled by the 23 Governor as they occur in a manner consistent with the provisions for initial 24 appointment. 25 (c) Each board member shall serve a three (3) year term or until a successor is 26 appointed, except that for initial appointments to the board, three (3) of the 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 170 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA members shall be appointed to serve a one (1) year term, eight (8) of the 1 members shall be appointed to serve a two (2) year term, and eight (8) of the 2 members shall be appointed to serve a three (3) year term. A member may be 3 reappointed but may not serve more than two (2) consecutive terms. 4 (2) The council sha ll advise the commissioner of education, the Kentucky Board of 5 Education, and the Education Professional Standards Board concerning the 6 development of administrative regulations and education policy regarding gifted 7 and talented students. The commissioner of education and the executive secretary 8 for the Education Professional Standards Board shall submit proposed 9 administrative regulations and educational policies relating to gifted and talented 10 education and other administrative regulations that impact gif ted and talented 11 students for review by the advisory council prior to seeking approval of the 12 appropriate board. 13 (3) As the advisory council considers issues relating to gifted and talented students, it 14 shall seek dialogue with other agencies and organizat ions, including the Parent 15 Teachers Association, the Governor's Scholars Program, the Governor's School for 16 the Arts, the Governor's School for Entrepreneurs Program, the Kentucky 17 Association of School Councils, the Kentucky Association for Gifted Education, the 18 Kentucky School Boards Association, the Kentucky Association of School 19 Administrators, and the Kentucky Council for Exceptional Children. 20 (4) The advisory council shall annually elect a chair from its membership, establish 21 meeting operational procedures, and meet at least two (2) times annually. 22 (5) The Department of Education shall provide staff and administrative support and 23 shall administer the funds appropriated to support the expenses of the council. 24 (6) The members of the advisory council shall serve without compensation but shall be 25 reimbursed for necessary expenses in the same manner as state employees. 26 Section 47. KRS 158.840 is amended to read as follows: 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 171 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA (1) The General Assembly hereby finds that reading and mathematics proficiency are 1 gateway skills necessary for all Kentucky students to achieve the academic goals 2 established in KRS 158.6451. It is the General Assembly's intent that: 3 (a) All students in kindergarten through grade three (3) having difficul ty in 4 reading and mathematics receive early diagnosis and intervention services 5 from highly trained teachers; 6 (b) All students in kindergarten through grade three (3) needing to make 7 accelerated progress toward proficiency in mathematics based on data from 8 valid and reliable universal screening and diagnostic assessments receive 9 high-quality, evidence-based mathematics instruction and intervention aligned 10 to the Kentucky academic standards for mathematics; 11 (c) All students demonstrate proficiency in reading and mathematics as they 12 progress through the relevant curricula and complete each assessment level 13 required by the Kentucky Board of Education for the state assessment 14 program established under KRS 158.6453 and in compliance with the 15 requirements of the f ederal Every Student Succeeds Act of 2015, Pub. L. No. 16 114-95, or its successor; and 17 (d) Students who are struggling in reading and mathematics or are not at the 18 proficient level on statewide assessments shall be provided evidence -based 19 and developmentally appropriate diagnostic and intervention services, and 20 instructional modifications necessary to learn. 21 The General Assembly, the Kentucky Board of Education, the Kentucky 22 Department of Education, the Council on Postsecondary Education, colleges and 23 universities, local boards of education, school administrators, advisory[school] 24 councils, teachers, parents and families, and other educational entities, such as the 25 Education Professional Standards Board, P -16 councils, the statewide reading 26 research center established under KRS 164.0207, and the Center for Middle School 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 172 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA Academic Achievement must collaborate if the intentions specified in this 1 subsection are to be met. Intensive focus on student achievement in reading and 2 mathematics does not negate the responsibility of any entity to help students obtain 3 proficiency in other core curriculum content areas. 4 (2) The General Assembly's role is to set policies that address the achievement levels of 5 all students and provide resources for the professional growth of teachers and 6 administrators, assessing students' academic achievement, including valid and 7 reliable universal screening and diagnostic assessment and instructional 8 interventions, technology innovations, targeted reading and mathematics statewide 9 initiatives, research and the distribution of research findings, services for students 10 beyond the reg ular school day, and other services needed to help struggling 11 learners. 12 (3) The Kentucky Board of Education shall regularly review and modify, when 13 appropriate, its statewide assessment policies and practices to enable local school 14 districts and schools to carry out the provisions of the statewide assessment and 15 accountability system, required under KRS 158.6453 to improve student 16 achievement in mathematics and reading. 17 (4) The Kentucky Department of Education shall: 18 (a) Provide assistance to schools and te achers, including publicizing professional 19 development opportunities, methods of measuring effective professional 20 development, the availability of high quality instructional materials, and 21 developmentally appropriate, valid, and reliable screening and diag nostic 22 assessments of student competency in mathematics and reading. The 23 department shall provide access to samples of units of study, annotated 24 student work, diagnostic instruments, and research findings, and give 25 guidance on parental engagement; 26 (b) Work with state and national educators and subject -matter experts to identify 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 173 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA student reading and mathematical skills in each subject area that align with the 1 state content standards adopted under KRS 158.6453 and identify teaching 2 strategies in each subject a rea that can be used explicitly to develop the 3 identified reading and mathematical skills under this paragraph; 4 (c) Encourage the development of comprehensive middle and high school 5 adolescent reading and mathematics plans to be incorporated into the curricula 6 of each subject area to improve the reading comprehension and mathematical 7 skills of all students; 8 (d) Conduct an annual review of the state grant programs it manages and make 9 recommendations, when needed, to the Interim Joint Committee on Education 10 for changes to statutory requirements that are necessary to gain a greater 11 return on investment; 12 (e) Provide administrative support and oversight to programs to train classroom 13 coaches and mentors to help teachers with reading and mathematics 14 instruction; and 15 (f) Require no reporting of instructional plans, formative assessment results, staff 16 effectiveness processes, or interventions implemented in the classroom, 17 except for: 18 1. Interventions implemented under KRS 158.305(2) and 158.8402; 19 2. Funds provided under KRS 158.792 or 158.844; or 20 3. Schools that are identified for comprehensive support and improvement 21 and fail to exit comprehensive support and improvement status after 22 three (3) consecutive years of implementing the turnaround intervention 23 process as described in KRS 160.346. 24 (5) The Education Professional Standards Board, in cooperation with the Council on 25 Postsecondary Education, shall exercise its duties and functions under KRS 161.028 26 to ensure that teacher education programs are fulfilling the need s of Kentucky for 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 174 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA highly skilled teachers. The Education Professional Standards Board shall: 1 (a) Coordinate the federal and state grant programs it administers with other 2 statewide initiatives relating to improving student achievement in reading and 3 mathematics to avoid duplication of effort and to make efficient use of 4 resources; 5 (b) Submit a report every three (3) years to the Legislative Research Commission 6 for referral to the appropriate Interim Joint Committee on Education and the 7 Interim Joint Committ ee on Appropriations and Revenue, summarizing the 8 compliance of each teacher preparation program for alignment to early 9 childhood education or elementary regular education standards and to the 10 instructional requirements set forth in KRS 164.306(1) and 164.3061; 11 (c) Regularly report program data to an external evaluator for an annual analysis 12 of the ability of teacher preparation programs to properly train and equip 13 teacher preparation program students with the literacy and mathematics 14 content knowledge and skills to educate students in kindergarten through 15 grade three (3); and 16 (d) Exercise its duties and responsibilities under KRS 161.030 and 161.048 to 17 ensure highly qualified teachers. 18 (6) Colleges and universities shall: 19 (a) Utilize institution -wide resour ces to work with elementary and secondary 20 educators and other entities to align curriculum content to ensure that students 21 who achieve proficiency on standards established at the prekindergarten 22 through secondary levels will require no remediation to succe ssfully enter a 23 postsecondary education program; 24 (b) Provide quality undergraduate teacher preparation programs to ensure that 25 those preparing to teach reading or mathematics at all grade levels have the 26 necessary content knowledge, assessment and diagnost ic skills, and teaching 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 175 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA methodologies and that teachers in all subject areas have the requisite skills 1 for helping students at all grade levels develop critical strategies and skills for 2 reading and comprehending subject matter; 3 (c) Deliver evidence -based continuing education for teachers in reading and 4 mathematics through institutes, graduate level courses, and other professional 5 development activities that support a statewide agenda for improving student 6 achievement in reading and mathematics; 7 (d) Conduct or assist with research on best practices in assessment, intervention 8 strategies, teaching methodologies, costs and effectiveness of instructional 9 models, and other factors as appropriate to reading and mathematics; 10 (e) Provide staff to consult and provide technical assistance to teachers, staff, and 11 administrators at elementary, middle, and secondary school sites; 12 (f) Assume active roles in the statewide initiatives referenced in KRS 156.553 13 and 158.842; and 14 (g) Develop written procedures for measuring th e effectiveness of activities 15 outlined in paragraphs (a) to (f) of this subsection. 16 (7) School councils at all school levels are encouraged to identify and allocate 17 resources to qualified teachers to become coaches or mentors in mathematics or 18 coaches or mentors in reading with a focus on improving student achievement in 19 their respective schools. 20 (8) Local school boards and superintendents shall provide local resources to 21 supplement or match state and federal resources to support teachers, school 22 administrators, and school councils in helping students achieve proficiency in 23 reading and mathematics. 24 (9) Local school superintendents shall provide leadership and resources to the 25 principals of all schools to facilitate curriculum alignment, communications, and 26 technical support among schools to ensure that students are academically prepared 27 UNOFFICIAL COPY 26 RS SB 152/GA Page 176 of 176 SB015210.100 - 1223 - XXXX 2/19/2026 3:17 PM GA to move to the next level of schooling. 1