AN ACT relating to preschool education programs.

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AN ACT relating to preschool education programs. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 157.320 is amended to read as follows: 3
As used in KRS 157.310 to 157.440, unless the context otherwise requires: 4
(1) "Administrative regulations of the Kentucky Board of Education" means those 5
regulations which the Kentucky Board o f Education may adopt upon the 6
recommendation and with the advice of the commissioner of education. The 7
commissioner of education shall recommend administrative regulations necessary 8
for carrying out the purposes of KRS 157.310 to 157.440; 9
(2) "At risk" me ans for preschool education programs, a child who resides in a 10
household with an income at or below two hundred fifty percent (250%) of the 11
federal poverty level; 12
(3) "Average daily attendance" means the aggregate days attended by pupils in a public 13
school, adjusted for weather -related low attendance days if applicable, divided by 14
the actual number of days the school is in session, after the five (5) days with the 15
lowest attendance have been deducted. 16
(a) Aggregate days shall include, in addition to the aggregate number of days 17
attended by a pupil who was suspended during a school year, the number of 18
days the pupil was suspended, not to exceed ten (10) days in total for the 19
school year; and 20
(b) Aggregate days shall include, in addition to the aggregate number of days 21
attended by a pupil who was expelled for behavioral problems, the number of 22
days the pupil was expelled up to a total of one hundred seventy -five (175) 23
days. This total may extend into the next school year and shall be counted in 24
the average daily attendance for the next year; 25
(4)[(3)] "Base funding level" means a guaranteed amount of revenue per pupil to be 26
provided for each school district, to be used for re gular operating and capital 27
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expenditures; 1
(5)[(4)] "Board" means the board of education of any county or independent school 2
district; 3
(6)[(5)] "District" means any school district as defined by law; 4
(7)[(6)] "Elementary school" means a school consisting of the primary school program 5
through grade eight (8) as defined in KRS 158.030, or any appropriate combination 6
of grades within this range, as determined by the plan of organization for schools 7
authorized by the district board; 8
(8)[(7)] "Experience" means e mployment as a teacher, other than as a substitute or 9
nursery school teacher, for a minimum of one hundred forty (140) days during a 10
school year in a public or nonpublic elementary or secondary school or college or 11
university that is approved by the public accrediting authority in the state in which 12
the teaching duties were performed. A teacher who is employed by a board for at 13
least one hundred forty (140) days of a school year and who performs teaching 14
duties for the equivalent of at least seventy (70) fu ll school days during that school 15
year, regardless of the schedule on which those duties were performed, shall be 16
credited with one (1) year of experience. A teacher who is employed by a board for 17
at least one hundred forty (140) days during each of two (2 ) school years and who 18
performs teaching duties for the equivalent of at least seventy (70) full school days 19
during those years shall be credited with one (1) year of experience. No more than 20
one (1) year of experience shall be credited for the performance of teaching duties 21
during a single school year; 22
(9)[(8)] "Kindergarten full-time equivalent pupil in average daily attendance" means 23
each kindergarten pupil counted no more than one -half (1/2) day in the aggregate 24
days attended by kindergarten pupils in a public school divided by the actual 25
number of days school is in session after the five (5) days with the lowest 26
attendance have been deducted. Kindergarten is the entry level of the primary 27
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program and shall be provided no less than the equivalent of one-half (1/2) day, five 1
(5) days a week for a full school year for each kindergarten pupil; 2
(10)[(9)] "Middle school" means a school consisting of grades five (5) through eight (8) 3
or any appropriate combination of grades as determined by the plan of organiza tion 4
for schools authorized by the district board; 5
(11)[(10)] "National board certification salary supplement" means an annual supplement 6
added for the life of the certificate to the base salary of a teacher who attains 7
national board certification; 8
(12)[(11)] "Percentage of attendance" means the aggregate days attended by pupils in a 9
public school for the school year divided by the aggregate days' membership of 10
pupils in a public school for the school year; 11
(13)[(12)] "Public school fund" means the fund cr eated by KRS 157.330 for use in 12
financing education in public elementary and secondary schools; 13
(14)[(13)] "Secondary school" means a school consisting of grades seven (7) through 14
twelve (12), or any appropriate combination of grades within this range as 15
determined by the plan of organization for schools authorized by the district board. 16
When grades seven (7) through nine (9) or ten (10) are organized separately as a 17
junior high school, or grades ten (10) through twelve (12) are organized separately 18
as a se nior high school and are conducted in separate school plant facilities, each 19
shall be considered a separate secondary school for the purposes of KRS 157.310 to 20
157.440; 21
(15)[(14)] "Single salary schedule" means a schedule adopted by a local board from 22
which all teachers are paid for one hundred eighty -five (185) days and is based on 23
training, experience, and such other factors as the Kentucky Board of Education 24
may approve and which does not discriminate between salaries paid elementary and 25
secondary teache rs. If the budget bill contains a minimum statewide salary 26
schedule, no teacher shall be paid less than the amount specified in the biennial 27
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budget salary schedule for the individual teacher's educational qualifications and 1
experience; 2
(16)[(15)] "Support Education Excellence in Kentucky" means the level of educational 3
services and facilities which is to be provided in each district from the public school 4
fund; 5
(17)[(16)] "Teacher" means any regular or special teacher, principal, supervisor, 6
superintendent, assistant superintendent, librarian, director of pupil personnel, or 7
other member of the teaching or professional staff engaged in the service of the 8
public elementary and secondary school for whom certification is required as a 9
condition of employment; 10
(18)[(17)] "Teaming partner" means a nongovernmental entity that contracts with a 11
school district to provide preschool education programs to eligible children in a 12
nonresidential setting; 13
(19) "Virtual program" means a program offered by a public school dis trict in which all 14
courses in the program are virtual, do not include regular in -person instruction, and 15
are designed as an alternative to traditional in-person school programs; and 16
(20)[(18)] "Weather-related low attendance day" means a school day on whic h the 17
district's attendance falls below the average daily attendance for the prior year due 18
to inclement weather. The district shall submit a request to substitute the prior 19
year's average daily attendance for its attendance on up to ten (10) designated da ys, 20
along with documentation that the low attendance was due to inclement weather, 21
for approval by the commissioner of education in accordance with Kentucky Board 22
of Education administrative regulations. 23
Section 2. KRS 157.3175 is amended to read as follows: 24
(1) (a) Until the end of the 2031 -2032 school year, each local school district shall 25
ensure that a developmenta lly appropriate half -day preschool education 26
program is provided for each child who :[ is at risk of educational failure and 27
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who ] 1
1. Is four (4) years of age [: 2
(a) By October 1, for any year prior to 2017; or 3
(b) ]by August 1; and 4
2. Resides in a household with an income at or below one hundred sixty 5
percent (160%) of the federal poverty level. 6
(b) No later than July 1, 2031, each local school district shall ensure that a 7
developmentally appropriate half -day preschool education program is 8
provided for each child who is: 9
1. At risk as defined in Section 1 of this Act; and 10
2. Four (4) years of age by August 1[, for 2017 or any year thereafter]. 11
(c) All other four (4) year old children shall be served to the extent placements 12
are available. 13
(2) The Kentucky Board of Education, upon the recommendation of the chief state 14
school officer, shall adopt administrative regulations establishing the guidelines for 15
the program. The program guidelines established shall be applicable to all 16
providers of preschool education programs and services pursuant to this section, 17
including teaming partners. The guidelines shall include: 18
(a) Enrollment eligibility criteria; 19
(b) Minimum class sizes and staff-to-child ratio; 20
(c) Standards for personnel; 21
(d) The minimum number of hours and days programs shall operate; 22
(e) Standards for curriculum that are aligned with Kentucky's Early Childhood 23
Standards; 24
(f) Standards for ensuring enrolled children are kindergarten ready; 25
(g) Requirements for facilities, safety, health, and transportation; 26
(h) Processes for the collection and reporting of data necessary to implement 27
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subsection (3) of this section; 1
(i) Guidance for local school districts providing preschool education programs 2
or services in collaboration with teaming partners; and 3
(j) Any other guidelines necessary to provide developmentally appropriate 4
preschool education programs or services or to implement the provisions of 5
this section. 6
(3) (a) The Kentucky Department of Education shall establish and maintain a 7
statewide uni fied data system for all preschool education program 8
providers. 9
(b) Providers shall collect and submit to the department on an annual basis 10
enrollment, quality, workforce, and student success data. 11
(c) By November 1 of each year, the department shall publi sh the data to a 12
public website designated for that purpose [Administrative regulations shall 13
establish eligibility criteria, program guidelines, and standards for personnel]. 14
(4)[(2)] "Developmentally appropriate preschool program" means a program which 15
focuses on the physical, intellectual, social, and emotional development of young 16
children. The preschool program shall help children with their interpersonal and 17
socialization skills. 18
(5)[(3)] Funds appropriated by the General Assembly for the preschool edu cation 19
programs shall be granted to local school districts according to a grant allotment 20
system approved by the Kentucky Board of Education. [Children who are at risk 21
shall be identified based on the Federal School Lunch Program eligibility criteria 22
for free lunch. ] Appropriations shall be separate from all other funds appropriated 23
to the Department of Education and shall be administered in accordance with 24
applicable federal and state statutes and administrative regulations. Eligible local 25
school districts shall receive funds based on the average number of preschool 26
children being served on December 1 and March 1 of the prior academic year who 27
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are appropriately identified as: 1
(a) Three (3) and four (4) years of age with disabilities; and 2
(b) Four (4) years of age identified as at risk[ of educational failure]. 3
Local school districts may develop cooperative arrangements with other school 4
districts or organizations in accordance with KRS 157.280. 5
(6)[(4)] A child shall be eligible for a free and appropriate p reschool education and 6
related services if: 7
(a) 1. The child has been identified as a child with a disability in accordance 8
with the Individuals with Disabilities Education Act, 20 U.S.C. 9
sec.[secs.] 1400 et seq.; or 10
2. The child has been identified in accordance with the definitions and 11
procedures for exceptional children and youth in accordance with KRS 12
157.200(1)(a) to (m); and 13
(b) The child is three (3) or four (4) years of age[: 14
1. By October 1, for any year before 2017; or 15
2. ] by August 1[, for 2017 or any year thereafter]. 16
(7)[(5)] The chief state school officer shall receive and review proposals from local 17
school districts for grants to operate or oversee the operation of developmentally 18
appropriate preschool educ ation programs. Districts may submit proposals for 19
implementing new services, enhancing existing preschool education services, or 20
contracting for services. In designing a local early childhood education program, 21
each district shall work with existing presc hool programs to avoid duplication of 22
programs and services, to avoid supplanting federal funds, and to maximize Head 23
Start funds in order to serve as many four (4) year old children as possible. 24
(8)[(6)] Each program proposal shall include, at a minimum: 25
(a) A description of the process conducted by the district to ensure that the 26
parents or guardians of all eligible participants have been made aware of the 27
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program and of their right to participate; 1
(b) A description of the planned educational programming and related services; 2
(c) The estimated number of children participating in the program; 3
(d) Strategies for involving children with disabilities; 4
(e) Estimated ratio of staff to children with the maximum being one (1) adult for 5
each ten (10) children; 6
(f) The estimated percentage of children participating in the program who are at 7
risk[ of educational failure]; 8
(g) Information on the training and qualifications of program staff and 9
documentation that the staff meet required standards; 10
(h) A budget and per-child expenditure estimate; 11
(i) A plan to facilitate active parental involvement in the preschool program, 12
including provisions for complementary parent education when appropriate; 13
(j) Facilities and equipment which are appropriate for young children; 14
(k) The days of the week and hours of a day during which the program shall 15
operate; 16
(l) A plan for coordinating the program with existing medical and social services, 17
including a child development and health screening component; 18
(m) Assurances that participants shall receive breakfast or lunch; 19
(n) Program sites which meet state and local licensure requirements; 20
(o) A plan for coordinating program philosophy and activities with the local 21
district's primary school program; 22
(p) An evaluation component; and 23
(q) Certification from the local Head Start director that the Head Start program is 24
fully utilized pursuant to subsection (7)[(4)] of this section. 25
(9)[(7)] If the superintendent and local Head Start director are unable to reach an 26
agreement on whether a Head Sta rt program is fully utilized, the superintendent or 27
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local Head Start director shall notify the chief state school officer. The local Head 1
Start director shall provide the chief state school officer all information relevant to 2
the utilization of the Head St art program. Within thirty (30) days of notification 3
from the superintendent or local Head Start director, the chief state school officer 4
shall make a determination of whether a Head Start program is fully utilized and 5
may execute the certification required by subsection (8)(q)[(6)(q)] of this section on 6
behalf of the local Head Start director. 7
(10)[(8)] Programs shall reflect an equitable geographic distribution representative of 8
all areas of the Commonwealth. 9
SECTION 3. A NEW SECTION OF KRS CHAPTER 157 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) To increase preschool enrollment eligibility, each local school district shall work 12
with Head Start and other existing preschool programs to avoid duplication of 13
services and programs, to avoid supplanting federal funds, and to maximize Head 14
Start funds in order to serve as many four (4) year old children as possible, and 15
shall maintain certification from the Head Start director that the Head Start 16
program is fully utilized. If a local school district fails to comply with the 17
requirements of this subsection , the commissioner of education shall withhold 18
preschool funding for an amount equal to the number of Head Start -eligible 19
children served in the district who would have been eligible to be served by Head 20
Start under the full utilization certification requi red under this subsection. The 21
commissioner of education shall resolve any disputes and make a determination 22
of the district's compliance with the full utilization requirement. 23
(2) By March 1, 2027, a local school district shall prepare and submit a presch ool 24
expansion plan to the Kentucky Department of Education for review and 25
approval. Preschool expansion plans may include: 26
(a) The estimated school year when expansion will begin; 27
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(b) The existing number of preschool students as of the date of plan 1
submission; 2
(c) The anticipated number of seats needed to enroll all four (4) year old 3
children in the district; 4
(d) The identification of any anticipated implementation and compliance 5
issues; 6
(e) A statement of intent regarding use of teaming partners for implementation; 7
(f) Any infrastructure and facility needs; 8
(g) Any transportation concerns; 9
(h) Any space or capacity concerns; 10
(i) Any anticipated facility, transportation, personnel, or other waivers needed 11
for expansion implementation, if any; and 12
(j) Any additional information as required by the department. 13
(3) (a) By December 1, 2026, the department shall promulgate administrative 14
regulations in accordance with KRS Chapter 13A to establish: 15
1. Procedures for school districts to submit preschool expansion 16
implementation plans to the department for review and approval; 17
2. Procedures and requirements for school districts to contract with 18
teaming partners to provide preschool education programs or services 19
for eligible children; 20
3. Requirements for school distri cts to proceed with preschool expansion 21
without the use of teaming partners, including documentation 22
certifying that teaming partners do not exist in the school district, 23
cannot meet the requirements of the program guidelines established in 24
administrative regulation, or choose not to participate; 25
4. Procedures for school districts to submit preschool expansion program 26
waivers to the department for review and approval; 27
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5. Procedures for a school district to apply for preschool expansion 1
funds following submi ssion and approval of its preschool expansion 2
plan, including the creation of a uniform application form and 3
application review guidelines; 4
6. Procedures for review and approval of a school district’s application 5
for preschool expansion funds; 6
7. Procedures and criteria to be used by the department to distribute 7
preschool expansion funds to approved school districts through a 8
grant allotment system; and 9
8. Any additional administrative regulations necessary to effectuate this 10
section. 11
(b) When promulgating administrative regulations under this section, the 12
department shall consider standards and procedures that have been found 13
to be best practices relative to the regulation of preschool education 14
programs or services for children. 15
(4) By December 1, 2027, an d each year thereafter, the department shall submit a 16
report to the Legislative Research Commission regarding preschool expansion for 17
referral to the appropriate Interim Joint Committee on Education. The purpose 18
of the annual report is to guide the General Assembly in expanding preschool 19
access in a phased and responsible manner. The report submitted by the 20
department shall include: 21
(a) A summary of the information provided by local school districts in their 22
respective preschool expansion plans; 23
(b) An assessment of: 24
1. The current state of preschool education programs or services in the 25
Commonwealth of Kentucky; and 26
2. The ability of four (4) year old children in all areas of the state to 27
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access preschool education programs or services; 1
(c) Any recommendations for the continued expansion of preschool access in 2
the Commonwealth of Kentucky; 3
(d) Any recommended additions or revisions to this chapter; and 4
(e) Any other data or information requested by the Legislative Research 5
Commission relating to the p reschool education programs or services and 6
this chapter. 7
(5) The General Assembly of the Commonwealth of Kentucky recognizes the 8
importance of preschool education programs for children. It is the intent of the 9
General Assembly to expand access to preschoo l education and services to all 10
four (4) year old children in the Commonwealth of Kentucky, and such 11
expansion shall occur in a phased and responsible manner based on program 12
enrollment growth and available funding. 13