AN ACT relating to grooming.

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AN ACT relating to grooming. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 156 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 2, 3, 4, and 5 of this Act, "grooming behavior" means a course of 5
conduct directed at a minor that is intended to establish an emotional connection with 6
a minor through manipulation, trust-building, or influence to: 7
(1) Facilitate future acts of sexual conduct; or 8
(2) Normalize or desensitize the minor to acts of sexual conduct; 9
even if no in -person meeting or act of sexual conduct is completed. This conduct may 10
occur online or in person, through third parties, or by other indirect methods to 11
facilitate the manipulation of a minor. 12
Section 2. KRS 161.120 is amended to read as follows: 13
(1) Except as described in KRS 161.795, the Education Professional Standards Board 14
may revoke, suspend, or refuse to issue or renew; impose probationary or 15
supervisory conditions upon; issue a written reprimand or a dmonishment; or any 16
combination of those actions regarding any certificate issued under KRS 161.010 to 17
161.100, or any certificate or license issued under any previous law to 18
superintendents, principals, teachers, substitute teachers, interns, supervisors, 19
directors of pupil personnel, or other administrative, supervisory, or instructional 20
employees for the following reasons: 21
(a) Being convicted of, or entering an "Alford" plea or plea of nolo contendere to, 22
notwithstanding an order granting probation or su spending imposition of any 23
sentence imposed following the conviction or entry of the plea, one (1) of the 24
following: 25
1. A felony; 26
2. A misdemeanor under KRS Chapter 218A, 508, 509, 510, 522, 525, 27
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529, 530, or 531; or 1
3. A misdemeanor involving a student or minor. 2
A certified copy of the conviction or plea shall be conclusive evidence of the 3
conviction or plea; 4
(b) Having sexual contact as defined in KRS 510.010[(7)] with a: 5
1. Current student; 6
2. Former student within two (2) years of the student's graduat ion or 7
otherwise ceasing to be enrolled as a student, unless the applicant or 8
certificate holder can prove by a preponderance of the evidence that 9
no grooming behavior occurred while the former student was a 10
current student or minor; or 11
3. Minor. 12
Conviction in a criminal proceeding shall not be a requirement for 13
disciplinary action; 14
(c) Committing any act that constitutes fraudulent, corrupt, dishonest, or immoral 15
conduct. If the act constitutes a crime, conviction in a criminal proceeding 16
shall not be a condition precedent to disciplinary action; 17
(d) Demonstrating willful or careless disregard for the health, welfare, or safety 18
of others; 19
(e) Physical or mental incapacity that prevents the certificate holder from 20
performing duties with reasonable skill, competence, or safety; 21
(f) Possessing, using, or being under the influence of alcohol, which impairs the 22
performance of duties; 23
(g) Unlawfully possessing or unlawfully using a drug during the performance of 24
duties; 25
(h) Incompetency or neglect of duty; 26
(i) Making, or causing to be made, any false or misleading statement or 27
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concealing a material fact in obtaining issuance or renewal of any certificate; 1
(j) Failing to report as required by subsection (3) of this section; 2
(k) Failing to comply with an order of th e Education Professional Standards 3
Board; 4
(l) Violating any state statute relating to schools or the teaching profession; 5
(m) Violating the professional code of ethics for Kentucky school certified 6
personnel established by the Education Professional Standa rds Board through 7
the promulgation of administrative regulation; 8
(n) Violating any administrative regulation promulgated by the Education 9
Professional Standards Board or the Kentucky Board of Education; or 10
(o) Receiving disciplinary action or having the is suance of a certificate denied or 11
restricted by another jurisdiction on grounds that constitute a violation of this 12
subsection. 13
(2) The Education Professional Standards Board shall respond to complaints against a 14
certificate holder by the following process: 15
(a) 1. Except as provided in subparagraph 2. of this paragraph, within thirty 16
(30) calendar days of the receipt of a completed complain t, board staff 17
shall conduct an initial review to determine whether there is sufficient 18
evidence that a violation may have occurred and shall provide notice of 19
the initial determination to the certificate holder within seven (7) 20
business days that shall in clude the complete copy of the report and all 21
underlying relevant documents and records. If the complaint alleges 22
unauthorized electronic communication as defined in KRS 160.145, 23
sexual contact, or other sexual misconduct, the identity of a complainant 24
that is not the superintendent and any identifying information of the 25
minor involved in the complaint shall remain confidential. 26
2. When a complaint alleges unauthorized electronic communication, as 27
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defined in KRS 160.145, sexual contact, or other sexual misc onduct, the 1
board staff shall have one hundred twenty (120) days to conduct the 2
initial review required by subparagraph 1. of this paragraph; 3
(b) Upon receipt of the notice, the certificate holder shall have thirty (30) 4
calendar days to respond or provide a rebuttal to any complaint that was 5
determined to contain sufficient evidence that a violation may have occurred. 6
The response period shall be extended an additional thirty (30) calendar days 7
upon the certificate holder's written request submitted to the board; 8
(c) Within ten (10) business days of the receipt of the certificate holder's response 9
or the end of the response period established in paragraph (b) of this 10
subsection, board staff shall conduct another review of the complaint to 11
determine if sufficient evidence exists to support a violation. If the board staff 12
determines that the evidence is: 13
1. Insufficient, then the board staff shall recommend dismissal and shall 14
notify the certificate holder and the complainant of the recommendation 15
within seven (7) business days of the determination; or 16
2. Sufficient, then the board staff shall have seven (7) business days to 17
notify the certificate holder and the complainant of the determination. 18
Notice to the complainant shall only state that further proceedings will 19
occur; 20
(d) Upon a determination that sufficient evidence exists to support a possible 21
violation, within the notice required under paragraph (c)2. of this subsection, 22
board staff shall initiate an in -person or virtual conference with the certificate 23
holder to share information and to determine if an agreed resolution can be 24
recommended to the board concerning the alleged violation. The conference 25
shall be scheduled within thirty (30) calendar days of the determination. The 26
certificate holder may decline the conference. If the conference does not occur 27
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due to the certificate holder's failure to respond within the thirty (30) calendar 1
days, the required conference shall be considered waived. The certificate 2
holder may have an attorney present at the conference; 3
(e) Upon the conclusion of the thirty (30) calendar days conference period, the 4
board shall act on the complaint within thirty (30) calendar days. If the board 5
fails to act on the complaint within the thirty (30) calendar days, then the 6
complaint shall be considered dismissed. The board shall consider the entirety 7
of the complaint with any associated response or recommended agreed 8
resolution to determine: 9
1. Dismissal, conditional dismissal upon completion of training, 10
admonishment, further investigation, or initiation of a hearing; 11
2. Approval of the recommended agreed resolution; or 12
3. A deferral if: 13
a. The content of the complaint is subject to ongoing: 14
i. Criminal investigation or proceedings; 15
ii. Child abuse, dependency, or neglect investigation by an 16
authorized state agency; or 17
iii. Teacher tribunal process as provided in KRS 161.790; or 18
b. The deferral is agreed to by the certificate holder; and 19
(f) The provision of a confirmation of receipt from the board to the certificate 20
holder whenever the certificate holder submits a response or correspondence 21
to the board. 22
(3) (a) The superintendent of each local school district shall report in writing to the 23
Education Professional Standards Board the name, address, phone number, 24
Social Security number, a nd position name of any certified school employee 25
in the employee's district whose contract is terminated or not renewed, for 26
cause except failure to meet local standards for quality of teaching 27
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performance prior to the employee gaining tenure; who resigns from, or 1
otherwise leaves, a position under threat of contract termination, or 2
nonrenewal, for cause; who is convicted in a criminal prosecution; or who 3
otherwise may have engaged in any actions or conduct while employed in the 4
school district that might reasonably be expected to warrant consideration for 5
action against the certificate under subsection (1) of this section. The duty to 6
report shall exist without regard to any disciplinary action, or lack thereof, by 7
the superintendent, and the required repo rt shall be submitted within thirty 8
(30) calendar days of the event giving rise to the duty to report. 9
(b) The district superintendent shall inform the Education Professional Standards 10
Board in writing of the full facts and circumstances leading to the con tract 11
termination or nonrenewal, resignation, or other absence, conviction, or 12
otherwise reported actions or conduct of the certified employee, that may 13
warrant action against the certificate under subsection (1) of this section, and 14
shall forward copies o f all relevant documents and records in his or her 15
possession. 16
(c) The Education Professional Standards Board shall provide the superintendent 17
confirmation of receipt of any report submitted by the superintendent within 18
seven (7) business days and shall provide the superintendent with notice of: 19
1. Whether or not board staff determine that there is sufficient evidence in 20
the report that a violation may have occurred; and 21
2. Any board action taken against the certificate holder who is the subject 22
of the report. 23
(d) The Education Professional Standards Board may consider reports and 24
information received from other sources. 25
(e) The certified school employee shall be given a copy of any report provided to 26
the Education Professional Standards Board by the district superintendent or 27
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other sources. The employee shall have the right to file a written rebuttal 1
pursuant to subsection (2) of this section to the report which shall be placed in 2
the official file with the report. 3
(4) A finding or action by a school superintendent or tribunal does not create a 4
presumption of a violation or lack of a violation of subsection (1) of this section. 5
(5) The board may issue a written admonishment to the certificate holder if the board 6
determines, based on the evidence, that a violation has occurred that is not of a 7
serious nature. A copy of the written admonishment shall be placed in the official 8
file of the certificate holder. The certificate holder may respond in writing to the 9
admonishment within thirty (30) calendar days of receipt and have that response 10
placed in his or her official certification file. Alternatively, the certificate holder 11
may file a request for a hearing with the board within thirty (30) calendar days of 12
receipt of the admonishment. Upon receipt of a request for a hearing, the board 13
shall set aside the written admonishment and set the matter for hearing pursuant to 14
the provisions of KRS Chapter 13B within thirty (30) calendar days of receipt of the 15
request. 16
(6) (a) In accordance with the timeline specified in this section, the Education 17
Professional Standards Board shall schedule and conduct a hearing in 18
accordance with KRS Chapter 13B: 19
1. Upon determining that a complaint warrants possible revoking, 20
suspending, refusing to renew, imposing probationary or supervisory 21
conditions upon, issuing a written reprimand, or any combination of 22
these actions regarding any certificate; 23
2. After denying an application for a certificate, upon written request filed 24
within thirty (30) calendar days of receipt of the letter advising of the 25
denial; or 26
3. After issuing a written admonishment, upon written request for a 27
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hearing filed within thirty (30) calendar days of receipt of the written 1
admonishment. 2
(b) If after the hearing required under paragraph (a) of this subsection is 3
scheduled and the certificate holder or applicant believes the hearing is not 4
timely, the certificate holder or applicant may submit a request for an 5
expedited hearing, and the hearing shall be conducted within sixty (60) 6
calendar days of the request. 7
(c) Upon request, a hearing may be public or private at the discretion of the 8
certified employee or applicant. 9
(d) The hearing shall be conducted before a hearing officer secured by the board 10
pursuant to KRS 13B.030 and the board may: 11
1. Employ hearing officers; 12
2. Contract with another agency for hearing officers; 13
3. Contract with private attorneys through personal service contracts; or 14
4. Secure a hearing officer from the Attorney General's office. 15
(e) The hearing shall afford the certificate holder all the rights secured under KRS 16
Chapter 13B. 17
(7) The Education Professional Standards Board or its chair may take emergency action 18
pursuant to KRS 13B.125. Emergency action shall not affect a certificate holder's 19
contract or tenure rights in the school district. 20
(8) If the Education Professional Standards Board substantiates that sexual contact 21
occurred between a certified employee and a student or minor, the employee's 22
certificate may be revoked or suspended with mandatory treatment of the employee 23
as prescribed by the Education Professional Standards Board. The Education 24
Professional Standards Board may require the employee to pay a sp ecified amount 25
for mental health services for the student or minor which are needed as a result of 26
the sexual contact. 27
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(9) At any time during the investigative or hearing processes, the board may enter into 1
an agreed order or accept an assurance of volunta ry compliance with the certificate 2
holder. 3
(10) The board may reconsider, modify, or reverse its decision on any disciplinary 4
action. 5
(11) Suspension of a certificate shall be for a specified period of time, not to exceed two 6
(2) years. 7
(a) At the conclusi on of the specified period, upon demonstration of compliance 8
with any educational requirements and the terms set forth in the agreed order, 9
the certificate shall be reactivated. 10
(b) A suspended certificate is subject to expiration and termination. 11
(12) Revocation of a certificate is a permanent forfeiture. The board shall establish the 12
minimum period of time before an applicant can apply for a new certificate. 13
(a) At the conclusion of the specified period, and upon demonstration of 14
compliance with any educa tional requirements and the terms set forth in the 15
agreed order, the applicant shall bear the burden of proof to show that he or 16
she is again fit for practice. 17
(b) The board shall have discretion to impose conditions that it deems reasonably 18
appropriate to ensure the applicant's fitness and the protection of public 19
safety. Any conditions imposed by the board shall address or apply to only 20
that time period after the revocation of the certificate. 21
(13) An appeal from any final order of the Education Professio nal Standards Board shall 22
be filed in Franklin Circuit Court or the Circuit Court of the county in which the 23
certificate holder was employed when the incident occurred in accordance with 24
KRS Chapter 13B which provides that all final orders of an agency sha ll be subject 25
to judicial review. 26
Section 3. KRS 160.390 is amended to read as follows: 27
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(1) The superintendent shall devote himself exclusively to his duties. He shall exercise 1
general supervision of the schools of his district, examine their condition and 2
progress, and keep himself informed of the progress in other districts. He shall 3
prepare or have prepared all budgets, salary schedules, and reports required of his 4
board by the Kentucky Board of Education. He shall advise himself of the need of 5
extension of the school system of the district, shall receive and examine reports 6
from teachers and other school officers, and shall make reports from time to time as 7
required by the rules of his board or as directed by the board. He shall be 8
responsible to the board for the general condition of the schools. He shall be 9
responsible for all personnel actio ns including hiring, assignments, transfer, 10
dismissal, suspension, reinstatement, promotion, and demotion and reporting the 11
actions to the local board. 12
(2) The superintendent shall, as a condition for employment within a local school 13
district, prohibit any employee of the local school district from sexual contact as 14
defined in KRS 510.010 with any: 15
(a) Current student; 16
(b) Former student within two (2) years of the student's graduation or 17
otherwise ceasing to be enrolled as a student in the local school dis trict, 18
unless the employee or prospective employee provides sufficient proof to 19
satisfy the superintendent that no grooming behavior occurred while the 20
former student was a current student or minor; or 21
(c) Minor. 22
(3) All personnel actions by the superinten dent as described in subsection (1) shall be 23
recorded in the minutes of the local board of education at the next meeting after the 24
action is taken and shall not be effective prior to receipt of written notice of the 25
personnel action by the affected employee from the superintendent. 26
Section 4. KRS 160.1596 is amended to read as follows: 27
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(1) (a) For purposes of this section, a member of the board of directors of a public 1
charter school shall be considered an officer under K RS 61.040 and shall, 2
within sixty (60) days of final approval of an application, take an oath of 3
office as required under KRS 62.010. 4
(b) Within seventy -five (75) days of the final approval of an application, the 5
board of directors and the authorizer shall enter into a binding charter contract 6
that establishes the academic and operational performance expectations and 7
measures by which the public charter school will be evaluated. 8
(c) The executed charter contract shall become the final authorization for the 9
public charter school. The charter contract shall include: 10
1. The term of the contract; 11
2. The agreements relating to each item required under KRS 160.1592(3) 12
and 160.1593(3), as modified or supplemented during the approval 13
process; 14
3. The rights and duties of each party; 15
4. The administrative relationship between the authorizer and the public 16
charter school; 17
5. The allocation of state, local, and federal funds, and the schedule to 18
disburse funds to the public charter school by the authorizer; 19
6. The proces s the authorizer will use to provide ongoing oversight, 20
including a process to conduct annual site visits; 21
7. The specific commitments of the public charter school authorizer 22
relating to its obligations to oversee, monitor the progress of, and 23
supervise the public charter school; 24
8. The process and criteria the authorizer will use to annually monitor and 25
evaluate the overall academic, operating, and fiscal conditions of the 26
public charter school, including the process the authorizer will use to 27
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oversee the correction of any deficiencies found in the annual review; 1
9. The process for revision or amendment to the terms of the charter 2
contract agreed to by the authorizer and the board of directors of the 3
public charter school; 4
10. The process agreed to by the a uthorizer and the board of directors of the 5
public charter school that identifies how disputes between the authorizer 6
and the board will be handled; 7
11. A requirement that all employees or contractors of a public charter 8
school refrain from sexual contact as defined in KRS 510.010 with 9
any: 10
a. Current student; 11
b. Former student within two (2) years of the student's graduation 12
or otherwise ceasing to be enrolled as a student in the local 13
school district, unless the employee, prospective employee, or 14
contractor provides sufficient proof to satisfy the board of 15
directors or school administrator responsible for personnel 16
matters that no grooming behavior occurred while the former 17
student was a current student or minor; or 18
c. Minor; and 19
12.[11.] Any other terms and conditions agreed to by the authorizer and the 20
board of directors, including pre -opening conditions. Reasonable 21
conditions shall not include enrollment caps or operational requirements 22
that place undue constraints on a public charter sc hool or are 23
contradictory to the provisions of KRS 160.1590 to 160.1599 and 24
161.141. Such conditions, even when incorporated in a charter contract, 25
shall be considered unilaterally imposed conditions. 26
(d) 1. The performance provisions within a charter contract shall be based on a 27
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performance framework that sets forth the academic and operational 1
performance indicators, measures, and metrics to be used by the 2
authorizer to evaluate each public charter school. The performance 3
framework shall include at a minimum indicators, measures, and metrics 4
for: 5
a. Student academic proficiency; 6
b. Student academic growth; 7
c. Achievement gaps in both student proficiency and student growth 8
for student subgroups, including race, sex, socioeconomic status, 9
and areas of exceptionality; 10
d. Student attendance; 11
e. Student suspensions; 12
f. Student withdrawals; 13
g. Student exits; 14
h. Recurrent enrollment from year to year; 15
i. College or career readiness at the end of grade twelve (12); 16
j. Financial performance and sustainability; and 17
k. Board of directors' performance and stewardship, including 18
compliance with all applicable statutes, administrative regulations, 19
and terms of the charter contract. 20
2. The performance framework shall allow the inclusion of additional 21
rigorous, valid, and r eliable indicators proposed by a public charter 22
school to augment external evaluations of its performance. The proposed 23
indicators shall be consistent with the purposes of KRS 160.1590 to 24
160.1599 and 161.141 and shall be negotiated with the authorizer. 25
3. The performance framework shall require the disaggregation of student 26
performance data by subgroups, including race, sex, socioeconomic 27
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status, and areas of exceptionality. 1
4. The authorizer shall be responsible for collecting, analyzing, and 2
reporting to the state board all state -required assessment and 3
achievement data for each public charter school it oversees. 4
(e) Annual student achievement performance targets shall be set, in accordance 5
with the state accountability system, by each public charter scho ol in 6
conjunction with its authorizer, and those measures shall be designed to help 7
each school meet applicable federal, state, and authorizer goals. 8
(f) The charter contract shall be signed by the chair of the governing board of the 9
authorizer and the cha ir of the board of directors of the public charter school. 10
An approved charter application shall serve as a charter contract for the public 11
charter school. 12
(g) No public charter school may commence operations without a charter contract 13
executed according t o this section and approved in an open meeting of the 14
governing board of the authorizer. 15
(2) Within five (5) days after entering into a charter contract, a copy of the executed 16
contract shall be submitted by the authorizer to the commissioner of education. 17
(3) For the purposes of local and state funding, a public charter school shall serve as a 18
school of the district of location. 19
(4) For the purposes of federal funding, a public charter school shall serve as a local 20
education agency. 21
(5) All students enroll ed in a public charter school shall be included in the average 22
daily attendance calculation under KRS 157.360 and the aggregate and average 23
daily attendance of transported pupils calculation under KRS 157.370 of the district 24
of location in the same manner as any other public schools in the district and shall 25
be reported by the public charter schools to the school district and state Department 26
of Education for purposes of calculating the state and local share of funding for 27
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each public charter school. 1
(6) Notwithstanding the formula for allocating district funds under KRS 160.345(8) 2
and any other statute governing a district's funding of schools, unless an authorizing 3
district agrees to provide a larger sum of funding in the charter contract, after local 4
capital outlay funds that are restricted in use pursuant to KRS 157.420(4) and funds 5
under KRS 157.440(1)(b) and 157.621 necessary to meet debt service obligations 6
on bonds or other financing mechanisms for new construction and renovation 7
projects for school f acilities are excluded, and before any other funds are budgeted 8
for district use, a district shall transfer to each of the public charter schools located 9
within the district: 10
(a) The amount that is proportional to the public charter school's enrollment or 11
average daily attendance in comparison with the overall district qualifying 12
numbers for: 13
1. Funds that are related to students' attendance and enrollmen t and 14
allocated to the district of location pursuant to KRS 157.360; 15
2. Any add-on or funding factors provided for in the state budget; 16
3. Any add -on or funding factors provided for by the Kentucky 17
Department of Education; and 18
4. Funds pursuant to KRS 157.360(2)(a) and (b) and (13)(a). 19
For each funding source identified in this paragraph, the transfer amount shall 20
be based on the public charter school's qualifying student enrollment or 21
average daily attendance, depending on the method used in the funding 22
source's calculation; 23
(b) On a proportionate per pupil basis: 24
1. Education funds allocated to the school district pursuant to KRS 25
157.440(1)(a) and (2)(a), or pursuant to any applicable federal statute; 26
and 27
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2. All taxes and payments in lieu of taxes transfe rred to the district of 1
location or levied and collected by the district of location; and 2
(c) On a proportionate per pupil transported basis, transportation funds calculated 3
pursuant to KRS 157.360(2)(c) and 157.370 and distributed to the district of 4
location, unless the school district provides transportation to students 5
attending the public charter school under written terms agreed upon by the 6
district and the public charter school in either the charter contract or, if the 7
district is not the public charter school's authorizer, a separate agreement. 8
(7) (a) If transportation funds are transferred under this section to a public charter 9
school, then the public charter school receiving those funds shall provide 10
transportation services to the enrolled students residing within the district of 11
location. 12
(b) If funds designated for providing additional services to specific students are 13
transferred under this section, then the public charter school receiving those 14
funds shall provide those services in the same mann er as the district of 15
location. 16
(c) If transportation services are not provided by the public charter school and no 17
written agreement to provide transportation services with the district of 18
location exists, then no transportation funds shall be transferred and the 19
district of location shall not be responsible for providing transportation to the 20
public charter school's students. 21
(8) Notwithstanding the identification of funds to be transferred in this section, a 22
collaborative among local school boards author izing a public charter school may 23
negotiate among the local boards and a charter applicant to identify the amount of 24
funds to be transferred to the public charter school. The agreement shall be detailed 25
in the charter contract. 26
(9) (a) For the calculation of amounts under subsections (6) and (7) of this section 27
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during the first school year of operation of a public charter school in a school 1
district, beginning with the start of instruction: 2
1. The public charter school's average daily attendance shall be ca lculated 3
based on a projection of the public charter school's enrollment and the 4
district's overall average daily attendance; 5
2. The public charter school's aggregate daily attendance of students 6
transported shall be calculated based on a projection of the public 7
charter school's enrollment and transportation plan and the district's 8
overall aggregate daily attendance of students transported; and 9
3. The amounts attributable to each individual student's attendance at the 10
public charter school shall be calcula ted based on a projection of the 11
public charter school's enrollment and demographics and the district's 12
overall enrollment and demographics. 13
(b) The calculations shall be adjusted in January of the first school year of 14
operation to reflect the first semest er's actual data. Subsequent years of 15
operation shall be calculated using actual data from the prior school year. 16
(10) (a) Funds identified for transfer under this section shall be transferred by a district 17
of location to each of the public charter schools located within the district. 18
However, up to three percent (3%) of the funds identified under this section 19
for transfer to a public charter school may be retained by an authorizer as an 20
authorizer fee. 21
(b) If the authorizer of a public charter school does not include the local board of 22
education of the district of location, then the district of location shall transfer 23
the authorizer fee to the public charter school's authorizer. 24
(c) If the Kentucky Board of Education requires the authorization of a public 25
charter school on appeal from an authorizer, the board shall receive twenty -26
five percent (25%) of the authorizing fee for the duration of joint oversight 27
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required by KRS 160.1595. 1
(11) Funds identified for transfer by a district of location to a public charter school under 2
this section shall be transferred throughout the school year according to a schedule 3
determined by the state board. The scheduled dates shall be within thirty (30) days 4
of the dates of state disbursement of funds to school districts. Fail ure to transfer 5
required funds shall, for every five (5) days late, result in a fine to the violator of 6
not less than five percent (5%) of the total funds per funding period to be 7
transferred. Fines imposed shall be transferred to the public charter school affected 8
by the delay. 9
(12) A public charter school shall be eligible for federal and state competitive grants and 10
shall not be excluded from an opportunity to apply or participate so long as the 11
public charter school meets the criteria established for th e respective grants. Each 12
public charter school that receives grant aid shall comply with all requirements to 13
receive such aid. 14
(13) A public charter school shall receive a proportionate per pupil share of any state 15
moneys not otherwise identified in this section that is received by the school district 16
of location. The public charter school shall also receive, according to federal law, 17
moneys generated under federal categorical aid programs for students that are 18
eligible for the aid and attending the public charter school. Each public charter 19
school that receives such aid shall comply with all requirements to receive such aid. 20
(14) The commissioner of education shall apply for all federal funding that supports 21
charter school initiatives for which a state mus t be the applicant and shall cooperate 22
with any public charter school in its efforts to seek federal funding. 23
(15) If a public charter school closes for any reason, the assets of the school shall be 24
distributed first to satisfy outstanding payroll obligati ons for employees of the 25
school, then to the creditors of the school, then to the district of location or 26
authorizing districts if authorized by a collaborative of local boards of education. If 27
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the assets are insufficient to satisfy outstanding obligations , the authorizer shall 1
petition to Circuit Court of the county in which the public charter school is located 2
to prioritize the distribution of assets. 3
(16) The state board shall promulgate administrative regulations to: 4
(a) Establish the process to be used to evaluate the performance of a charter 5
school authorizer, based upon the requirements of KRS 160.1590 to 160.1599 6
and 161.141, and the actions to be take n in response to failures in 7
performance; and 8
(b) Govern the calculation and distribution of funds due to public charter schools 9
from school districts, the schedule of distribution of funds, and the imposition 10
of fines for late distribution of funds. 11
(17) By August 31, 2023, and annually thereafter, each public charter school authorizer 12
shall submit to the commissioner of education, the secretary of the Education and 13
Labor Cabinet, and the Interim Joint Committee on Education a report to include: 14
(a) The na mes of each public charter school operating under contract with the 15
authorizer during the previous academic year that: 16
1. Closed during or after the academic year; or 17
2. Had the contract nonrenewed or revoked; 18
(b) The names of each public charter school op erating under contract with the 19
authorizer during the previous academic year that have not yet begun to 20
operate; 21
(c) The number of applications received, the number reviewed, and the number 22
approved; 23
(d) A summary of the academic and financial performance of each public charter 24
school operated under contract with the authorizer during the previous 25
academic year; and 26
(e) The authorizing duties and functions performed by the authorizer during the 27
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previous academic year. 1
Section 5. KRS 156.160 is amended to read as follows: 2
(1) With the advice of the Local Superintendents Advisory Council, the Kentucky 3
Board of Education shall promulgate administrative regulations establishing 4
standards which school districts shall meet in st udent, program, service, and 5
operational performance. These regulations shall comply with the expected 6
outcomes for students and schools set forth in KRS 158.6451. Administrative 7
regulations shall be promulgated for the following: 8
(a) Courses of study for the different grades and kinds of common schools 9
identifying the common curriculum content directly tied to the goals, 10
outcomes, and assessment strategies developed under KRS 158.645, 11
158.6451, and 158.6453 and distributed to local school districts and sch ools. 12
The administrative regulations shall provide that: 13
1. If a school offers American sign language, the course shall be accepted 14
as meeting the foreign language requirements in common schools 15
notwithstanding other provisions of law; 16
2. If a school offer s the Reserve Officers Training Corps program, the 17
course shall be accepted as meeting the physical education requirement 18
for high school graduation notwithstanding other provisions of law; 19
3. Every public middle and high school's curriculum shall include 20
instruction on the Holocaust and other cases of genocide, as defined by 21
the United Nations Convention on the Prevention and Punishment of the 22
Crime of Genocide, that a court of competent jurisdiction, whether a 23
court in the United States or the Internation al Court of Justice, has 24
determined to have been committed by applying rigorous standards of 25
due process; and 26
4. Beginning in the 2025 -2026 school year, cursive writing shall be 27
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included as a course of study in all elementary schools and shall be 1
designed to ensure proficiency in cursive writing by the end of grade 2
five (5); 3
(b) Courses of study or educational experiences available to students in all middle 4
and high schools to fulfill the prerequisites for courses in advanced science 5
and mathematics as defined in KRS 158.845; 6
(c) The acquisition and use of educational equipment for the schools as 7
recommended by the Council for Education Technology; 8
(d) The minimum requirements for high school graduation in light of the 9
expected outcomes for students and scho ols set forth in KRS 158.6451. The 10
minimum requirements shall not include achieving any postsecondary 11
readiness indicator as described in KRS 158.6455 or any minimum score on a 12
statewide assessment administered under KRS 158.6453. Student scores from 13
any assessment administered under KRS 158.6453 that are determined by the 14
department's technical advisory committee to be valid and reliable at the 15
individual level shall be included on the student transcript. The department's 16
technical advisory committee shall submit its determination to the 17
commissioner of education and the Legislative Research Commission; 18
(e) The requirements for an alternative high school diploma for students with 19
disabilities whose individualized education program indicates that, in 20
accordance with 20 U.S.C. sec. 1414(d)(1)(A): 21
1. The student cannot participate in the regular statewide assessment; and 22
2. An appropriate alternate assessment has been selected for the student 23
based upon a modified curriculum and an individualized course of 24
study; 25
(f) Taking and keeping a school census, and the forms, blanks, and software to be 26
used in taking and keeping the census and in compiling the required reports. 27
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The board shall create a statewide student identification numbering system 1
based on students' Social Security numbers. The system shall provide a 2
student identification number similar to, but distinct from, the Social Security 3
number, for each student who does not have a Social Security number or 4
whose parents or guardians choose not to disclose th e Social Security number 5
for the student; 6
(g) Sanitary and protective construction of public school buildings, toilets, 7
physical equipment of school grounds, school buildings, and classrooms. With 8
respect to physical standards of sanitary and protective construction for school 9
buildings, the Kentucky Board of Education shall adopt the Uniform State 10
Building Code; 11
(h) Medical inspection, physical and health education and recreation, and other 12
regulations necessary or advisable for the protection of the physical welfare 13
and safety of the public school children. The administrative regulations shall 14
set requirements for st udent health standards to be met by all students in 15
grades four (4), eight (8), and twelve (12) pursuant to the outcomes described 16
in KRS 158.6451. The administrative regulations shall permit a student who 17
received a physical examination no more than six ( 6) months prior to his or 18
her initial admission to Head Start to substitute that physical examination for 19
the physical examination required by the Kentucky Board of Education of all 20
students upon initial admission to the public schools, if the physical 21
examination given in the Head Start program meets all the requirements of the 22
physical examinations prescribed by the Kentucky Board of Education; 23
(i) A vision examination by an optometrist or ophthalmologist that shall be 24
required by the Kentucky Board of Ed ucation. The administrative regulations 25
shall require evidence that a vision examination that meets the criteria 26
prescribed by the Kentucky Board of Education has been performed. This 27
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evidence shall be submitted to the school no later than January 1 of the first 1
year that a three (3), four (4), five (5), or six (6) year -old child is enrolled in a 2
public school, public preschool, or Head Start program; 3
(j) 1. Beginning with the 2010 -2011 school year, a dental screening or 4
examination by a dentist, dental hyg ienist, physician, registered nurse, 5
advanced practice registered nurse, or physician assistant that shall be 6
required by the Kentucky Board of Education. The administrative 7
regulations shall require evidence that a dental screening or examination 8
that meets the criteria prescribed by the Kentucky Board of Education 9
has been performed. This evidence shall be submitted to the school no 10
later than January 1 of the first year that a five (5) or six (6) year -old 11
child is enrolled in a public school. 12
2. A child shall be referred to a licensed dentist if a dental screening or 13
examination performed by anyone other than a licensed dentist identifies 14
the possibility of dental disease; 15
(k) The transportation of children to and from school; 16
(l) The fixing of holidays on which schools may be closed and special days to be 17
observed, and the pay of teachers during absence because of sickness or 18
quarantine or when the schools are closed because of quarantine; 19
(m) The preparation of budgets and salary schedules for the severa l school 20
districts under the management and control of the Kentucky Board of 21
Education; 22
(n) A uniform series of forms and blanks, educational and financial, including 23
forms of contracts, for use in the several school districts; 24
(o) The disposal of real and personal property owned by local boards of 25
education; and 26
(p) The development and implementation of procedures, for all students who are 27
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homeless children and youths as defined in 42 U.S.C. sec. 11434a(2), to do 1
the following: 2
1. Awarding and accepting of credit, including partial credit, for all 3
coursework satisfactorily completed by a student while enrolled at 4
another school; 5
2. Allowing a student who was previously enrolled in a course required for 6
graduation the opportunity, to the extent practicable, to complete the 7
course, at no cost to the student, before the beginning of the next school 8
year; 9
3. Awarding a diploma, at the student's request, by a district from which 10
the student transferred, if the student transfers schools at any time after 11
the compl etion of the student's second year of high school and the 12
student is ineligible to graduate from the district to which the student 13
transfers, but meets the graduation requirements of the district from 14
which the student transferred; and 15
4. Exempting the stu dent from all coursework and other requirements 16
imposed by the local board of education that are in addition to the 17
minimum requirements for high school graduation established by the 18
Kentucky Board of Education pursuant to paragraph (d) of this 19
subsection in the district to which the student transfers, if the student 20
transfers schools at any time after the completion of the student's second 21
year of high school and the student is ineligible to graduate both from 22
the district to which the student transfers an d the district from which the 23
student transferred. 24
(2) Any private, parochial, or church school may be certified upon application to the 25
board by the school and upon a showing that the school: 26
(a) Voluntarily complies[comply] with curriculum, certification , and textbook 27
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standards established by the Kentucky Board of Education; and 1
(b) Requires, as a condition for employment within the school, a prohibition of 2
any employee of the school from sexual contact as defined in KRS 510.010 3
with any: 4
1. Current student; 5
2. Former student within two (2) years of the student's graduation or 6
otherwise ceasing to be enrolled as a student in the school, unless the 7
employee or prospective employee provides sufficient proof to satisfy 8
the governing board or school administra tor responsible for personnel 9
matters that no grooming behavior occurred while the former student 10
was a current student or minor; and 11
3. Minor 12
[and be certified upon application to the board by such schools]. 13
(3) Any public school that violates the provisi ons of KRS 158.854 shall be subject to a 14
penalty to be assessed by the commissioner of education as follows: 15
(a) The first violation shall result in a fine of no less than one (1) week's revenue 16
from the sale of the competitive food; 17
(b) Subsequent violati ons shall result in a fine of no less than one (1) month's 18
revenue from the sale of the competitive food; 19
(c) "Habitual violations," which means five (5) or more violations within a six (6) 20
month period, shall result in a six (6) month ban on competitive f ood sales for 21
the violating school; and 22
(d) Revenue collected as a result of the fines in this subsection shall be 23
transferred to the food service fund of the local school district. 24