AN ACT relating to school administrators and declaring an emergency.

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AN ACT relating to school administrators and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 157.350 is amended to read as follows: 3
Each district which meets the following requirements shall be eligible to share in the 4
distribution of funds from the fund to support education excellence in Kentucky: 5
(1) Employs and compensates all teachers for not less than one hundred eighty -five 6
(185) days. The Kentucky Board of Education, upon recommendation of the 7
commissioner of education, shall prescribe procedures by which this requirement 8
may be reduced during any year for any district which employs teachers for less 9
than one hundred and eighty -five (185) days, in which case the eligibility of a 10
district for participation in the public school fund shall be in proportion to the 11
length of time teachers actually are employed; 12
(2) Operates all schools for a minimum school term as provided in KRS 158.0 70 and 13
administrative regulations of the Kentucky Board of Education. If the school term is 14
less than one hundred eighty -five (185) days, including not less than one hundred 15
seventy (170) student attendance days as defined in KRS 158.070 or one thousand 16
sixty-two (1,062) hours of instructional time, for any reason not approved by the 17
Kentucky Board of Education on recommendation of the commissioner, the 18
eligibility of a district for participation in the public school fund shall be in 19
proportion to the length of term the schools actually operate; 20
(3) (a) Compensates all teachers on the basis of a single salary schedule and in 21
conformity with the provisions of KRS 157.310 to 157.440.[;] 22
(b) 1. Contracts, renewals, or extensions entered into on or after July 1, 23
2026, shall not provide any superintendent, as defined in KRS 24
161.720, a percentage pay increase greater than the percentage pay 25
increase provided to classroom teachers in the district. Upon the 26
expiration of the superintendent's contract, the local board and 27
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superintendent may negotiate a salary incre ase, which shall be set 1
forth in a new contract. 2
2. An administrator, as defined in KRS 161.720, shall not receive a 3
percentage pay increase greater than the percentage pay increase 4
provided to classroom teachers in the district unless the pay increase 5
is: 6
a. In conjunction with a professional advancement that imposes a 7
significant change in job duties and responsibilities; or 8
b. The result of local board action to uniformly increase the pay 9
associated with a specific job category. 10
3. The commissioner of ed ucation may grant a waiver of this paragraph 11
if requested by a local board. If the commissioner denies a waiver 12
request from a local board, a waiver of this paragraph may be 13
requested in accordance with KRS 156.161; 14
(4) Includes no nonresident pupils in its average daily attendance, except: 15
(a) [1. Until July 1, 2022, pupils listed under a written agreement, which may 16
be for multiple years, with the district of the pupils' legal residence. 17
2. If an agreement cannot be reached, either board may appeal to the 18
commissioner for settlement of the dispute. 19
3. The commissioner shall have thirty (30) days to resolve the dispute. Either 20
board may appeal the commissioner's decision to the Kentucky Board of 21
Education. 22
4. The commissioner and the Kentucky Board of Educa tion shall consider the 23
factors affecting the districts, including but not limited to academic 24
performance and the impact on programs, school facilities, transportation, and 25
staffing of the districts. 26
5. The Kentucky Board of Education shall have sixty (60 ) days to approve or 27
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amend the decision of the commissioner; 1
(b) Beginning July 1, 2022, ] Those nonresident pupils admitted pursuant to 2
district nonresident pupil policies adopted under KRS 158.120; and 3
(b)[(c)] A nonresident pupil who attends a district i n which a parent of the pupil 4
is employed. All tuition fees required of a nonresident pupil may be waived 5
for a pupil who meets the requirements of this paragraph. 6
This subsection does not apply to those pupils enrolled in an approved class 7
conducted in a hospital and pupils who have been expelled for behavioral reasons 8
who shall be counted in average daily attendance under KRS 157.320; 9
(5) Any secondary school which maintains a basketball team for boys for other than 10
intramural purposes, shall maintain the same program for girls; and 11
(6) Any school district which fails to comply with subsection (5) of this section shall be 12
prohibited from participating in varsity competition in any sport for one (1) year. 13
Determination of failure to comply shall be made by the Department of Education 14
after a hearing requested by any person within the school district. The hearing shall 15
be conducted in accordance with KRS Chapter 13B. A district under this subsection 16
shall, at the hearing, have an opportunity to show inability to comply. 17
Section 2. KRS 160.350 is amended to read as follows: 18
(1) After considering the recommendations of a screening committee, as provided in 19
KRS 160.352, each board of education shall appoint a superintendent of schools 20
whose term of office shall begin on July 1, following the individual's appointment. 21
The appointment may be for a term of no more than four (4) years. In the event a 22
vacancy occurs in the office of superintendent prior to the expiration of the term set 23
by the board, the term shall expire on the date the vacancy occurs. Therefore, the 24
board may appoint a superintendent for a new term as provided in this subsection, 25
which shall begin on the date of the superintendent's appointment, except when the 26
vacancy occurs after a school board election and before the newly elected members 27
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take office. When a vacancy occurs during this period, the position shall not be 1
filled until the new members take office, but the board may appoint an acting 2
superintendent to serve a term not to exceed six (6) months. This appointment may 3
be renewed once for a period not to exceed three (3) months. If a vacancy occurs, a 4
local board may also appoint an acting superintendent during the period the 5
screening committee pursuant to KRS 160.352 conducts its business and prior to 6
the actual appointment of the new superintendent. No superintendent shall resign 7
during a term and accept a new term from the same board of education prior to the 8
expiration date of the present term. In the ca se of a vacancy in the office for an 9
unexpired term, the board of education shall make the appointment so that the term 10
will end on June 30. The board shall set the salary of the superintendent to be paid 11
in regular installments. 12
(2) Each board of educatio n shall publish on the district's website and submit to the 13
Kentucky Department of Education, within thirty (30) days of execution, each 14
superintendent's contract, amendment, renewal, extension, or addendum thereto 15
as: 16
(a) A scanned copy of the fully executed document; and 17
(b) An electronic text version of the document in a format prescribed by the 18
department that accurately sets forth the terms of the executed document 19
and is accessible for publication in compliance with applicable accessibility 20
requirements. 21
(3) The department shall publish the documents submitted under subsection (2) of 22
this section within thirty (30) days of receipt on the department's website. The 23
department shall not remove information submitted under subsection (2) of this 24
section from its website for at least ten (10) school years. 25
(4) An individual shall not assume the duties of superintendent in a district until he or 26
she provides the board of education with a copy of a certificate for school 27
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superintendent issued by the Education P rofessional Standards Board or its legal 1
predecessor. A superintendent shall hold a valid certificate throughout the period of 2
employment. A superintendent shall successfully complete the training program and 3
assessment center process within two (2) years of assuming the duties of 4
superintendent. A superintendent shall not serve as director or officer of a bank, 5
trust company, or savings or loan association that has the school district's funds on 6
deposit. Following appointment, the superintendent shall esta blish residency in 7
Kentucky. 8
(5)[(3)] A superintendent of schools may be removed for cause by a vote of four-fifths 9
(4/5) of the membership of a board of education and upon approval by the 10
commissioner of education. However, if the dismissal of the superintendent has 11
been recommended by a highly skilled certified educator pursuant to KRS 158.6455 12
and the action is approved by the commissioner of education, the board shall 13
terminate the superintendent's contract. Written notice setting out the charges for 14
removal shall be spread on the minutes o f the board and given to the 15
superintendent. The board shall seek approval by the commissioner of education for 16
removing the superintendent. The commissioner of education shall investigate the 17
accuracy of the charges made, evaluate the superintendent's ove rall performance 18
during the superintendent's appointment, and consider the educational performance 19
of the students in the district. Within thirty (30) days of notification, the 20
commissioner of education shall either approve or reject the board's request. 21
(6)[(4)] After the completion of a superintendent's first contract or after four (4) years, 22
whichever comes last, the board of education may, no later than June 30, extend the 23
contract of the superintendent for one (1) additional year beyond the current ter m of 24
employment. 25
Section 3. KRS 160.346 is amended to read as follows: 26
(1) As used in[For purposes of] this section: 27
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(a) "Department" means the Kentucky Department of Education; 1
(b) "ESSA" means the Every Student Succeed s Act of 2015, Pub. L. No. 114 -95, 2
or its successor; 3
(c) "Level" means elementary, middle, or high school; 4
(d) "Turnaround" means a comprehensive transformation of a school to achieve 5
accelerated, meaningful, and sustainable increases in student achievemen t 6
through improved school leadership and school district support; 7
(e) "Turnaround plan" means a mandatory school plan that is designed to 8
improve student learning and performance with evidence -based interventions 9
as defined in ESSA and that is developed an d implemented by the local 10
school district in partnership with stakeholders, including the principal, other 11
school leaders, teachers, and parents; and 12
(f) "Turnaround team" means the turnaround training and support team described 13
in subsection (9)[(8)](a) of this section. 14
(2) (a) The department shall annually identify a school for targeted support and 15
improvement if the school has one (1) or more of the same subgroups, as 16
defined by ESSA, whose performance in the state accountability system by 17
level is at o r below that of all students in any of the lowest -performing five 18
percent (5%) of all schools for three (3) consecutive years. 19
(b) Beginning with the 2021 -2022 school year, and every three (3) years 20
thereafter, the department shall identify a school for ad ditional targeted 21
support and improvement if the school has one (1) or more subgroups, as 22
defined by ESSA, whose performance in the state accountability system by 23
level is at or below the summative performance of all students in any of the 24
lowest-performing five percent (5%) of all schools identified under subsection 25
(3)(a) of this section and the school was identified in the immediately 26
preceding year for targeted support and improvement as described in 27
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paragraph (a) of this subsection. 1
(3) The department shall annually identify a school for comprehensive support and 2
improvement if the school is: 3
(a) In the lowest-performing five percent (5%) of all schools in its level based on 4
the school's performance in the state accountability system; 5
(b) A high school with a four (4) year cohort graduation rate that is less than 6
eighty percent (80%); or 7
(c) Identified by the department for additional targeted support and improvement 8
under subsection (2)(b) of this section and fails to exit additional targeted 9
support and improvement status based on criteria established under subsection 10
(12)[(11)] of this section. 11
(4) (a) When a school is identified for targeted support and improvement under 12
subsection (2)(a) of this section, the local school personnel, working with 13
stakeholders, including the principal, other school leaders, teachers, and 14
parents, shall revise its school improvement plan, which shall be subject to 15
review and approval by the local board of education. 16
(b) Each revised plan shall be informed by all available indicators, including 17
student performance compared to long-term goals, and shall include: 18
1. Components of turnaround leadership development and support; 19
2. Identification of critical resource inequities; 20
3. Evidence-based interventions; and 21
4. Additional actions that address the causes of consistently 22
underperforming subgroups of students. 23
(c) If adequate performance progress, as defined by the department, is not made, 24
the local school district shall take additional action to assist and support the 25
school in reaching performance goals. 26
(5) When a school is identified for additional targeted support and improvement under 27
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subsection (2)(b) of this section, the local school district shall take more rigorous 1
district-determined action to assist and support the school in reaching performance 2
goals. 3
(6) (a) When a school is identified for comprehensive support and improvement, an 4
audit shall be performed by the department to diagnose the causes of the 5
school's low performance. 6
(b) The audit conducted under this subsection shall be the only comprehensive 7
audit required for a school unless the school fails to exit comprehensive 8
support and improvement status as described in subsection (12)[(11)] of this 9
section or exits comprehensive support and improvement status but 10
subsequently repeats as a school identified for comprehensive support and 11
improvement. 12
(7) When a school is identified for targeted support and improvement or 13
comprehensive support and improvement for two (2) or more cons ecutive years, 14
the superintendent may remove the principal. 15
(8) (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 and 25
sustain a turnaround process; 26
5. A recommendation to the local board of education of the turnaround 27
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principles and strategies necessary for the superintendent to assist the 1
school with turnaround; and 2
6. An assessment and recommendation to the superintendent 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
(9)[(8)] After completion of the audit described in subsection (8)[(7)] of this section, 8
each school identified for comprehensive support and improvement shall engage in 9
the following turnaround intervention process: 10
(a) The superintendent and principal shall collaborate with the department to 11
create a turnaround training and supp ort 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 council granted under KRS 160.345 shall be 15
transferred to the superintendent; 16
(c) The superintendent shall select a principal for the school if a principal 17
vacancy occurs. The superintendent shall consult with the turnaround team, 18
parents, certified staff, and classified staff before appointing a principal 19
replacement; 20
(d) Upon recommen dation 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 principal shall collaborate with the turnaround team to establish an 26
advisory leadership team representing school stakeholders including other 27
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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 tur naround 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 department as 14
described in KRS 158.782; 15
(h) The school district may request technical assistance from the department for 16
development and implementati on of the turnaround plan, which may include 17
conducting needs assessments, selecting evidence -based interventions, 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 an d 24
results of the turnaround plan. 25
(10)[(9)] The department shall establish required professional learning for teachers of 26
students in schools identified for comprehensive support and improvement. 27
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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
(11)[(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 comprehensive support and improvement. High -quality 7
instructional materials sel ected 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
(12)[(11)] The Kentucky Board of Education shall establish annual statewide exit criteria 11
for schools identified for targeted support and improvement, additional targeted 12
support and improvement, and comprehensive support and improvement. 13
(13)[(12)] If a school enter s comprehensive support and improvement status and does 14
not 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 interv ention 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
(14)[(13)] For school districts that include a significant number of schools, as 20
determined by 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 may provide a recommended list of turnaround or school 25
intervention providers that have demonstrated success implementing 26
evidence-based strategies. 27
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(15)[(14)] If, in the course of a school audit, the audit team identifies information 1
suggesting that a vio lation of KRS 160.345(9)(a) may have occurred, the 2
commissioner of education shall forward the evidence to the Office of Education 3
Accountability for investigation. 4
(16)[(15)] A school's right to establish a council granted under KRS 160.345 may be 5
restored by the local board of education two (2) years after the school exits 6
comprehensive support and improvement status. 7
Section 4. KRS 156.070 is amended to read as follows: 8
(1) The Kentucky Board of Education shall have th e management and control of the 9
common schools and all programs operated in these schools, including 10
interscholastic athletics, the Kentucky School for the Deaf, the Kentucky School for 11
the Blind, and community education programs and services. 12
(2) The Kent ucky Board of Education may designate an organization or agency to 13
manage interscholastic athletics in the common schools, provided that the rules, 14
regulations, and bylaws of any organization or agency so designated shall be 15
approved by the board, and prov ided further that any administrative hearing 16
conducted by the designated managing organization or agency shall be conducted in 17
accordance with KRS Chapter 13B. 18
(a) The state board or its designated agency shall assure through promulgation of 19
administrative regulations that if a secondary school sponsors or intends to 20
sponsor an athletic activity or sport that is similar to a sport for which 21
National Collegiate Athletic Association members offer an athletic 22
scholarship, the school shall sponsor the athletic activity or sport for which a 23
scholarship is offered. The administrative regulations shall specify which 24
athletic activities are similar to sports for which National Collegiate Athletic 25
Association members offer scholarships. 26
(b) [Beginning with the 2003-2004 school year, ]The state board shall require any 27
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agency or organization designated by the state board to manage interscholastic 1
athletics to adopt bylaws that establish as members of the agency's or 2
organization's board of control one (1) representative of nonpublic member 3
schools who is elected by the nonpublic school members of the agency or 4
organization from regions one (1) through eight (8) and one (1) representative 5
of nonpublic member schools who is elected by the nonpublic member 6
schools of the ag ency or organization from regions nine (9) through sixteen 7
(16). The nonpublic school representatives on the board of control shall not be 8
from classification A1 or D1 schools. Following initial election of these 9
nonpublic school representatives to the age ncy's or organization's board of 10
control, terms of the nonpublic school representatives shall be staggered so 11
that only one (1) nonpublic school member is elected in each even -numbered 12
year. 13
(c) The state board or any agency designated by the state board t o manage 14
interscholastic athletics shall not promulgate rules, administrative regulations, 15
or by laws that prohibit pupils in grades seven (7) to eight (8) from 16
participating in any high school sports except for high school varsity soccer, 17
football, and boys or coed lacrosse, or from participating on more than one (1) 18
school-sponsored team at the same time in the same sport. The Kentucky 19
Board of Education, or an agency designated by the board to manage 20
interscholastic athletics, may promulgate administrati ve regulations 21
restricting, limiting, or prohibiting participation in high school varsity soccer 22
and football for students who have not successfully completed the eighth 23
grade. 24
(d) 1. The state board or any agency designated by the state board to manage 25
interscholastic athletics shall allow a member school's team or students 26
to play against students of a nonmember at -home private school, or a 27
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team of students from nonmember at -home private schools, if the 1
nonmember at -home private schools and students compl y with this 2
subsection. 3
2. A nonmember at -home private school's team and students shall comply 4
with the rules for student-athletes, including rules concerning: 5
a. Age; 6
b. School semesters; 7
c. Scholarships; 8
d. Physical exams; 9
e. Foreign student eligibility; and 10
f. Amateurs. 11
3. A coach of a nonmember at -home private school's team shall comply 12
with the rules concerning certification of member school coaches as 13
required by the state board or any agency designated by the state board 14
to manage interscholastic athletics. 15
4. This subsection shall not allow a nonmember at -home private school's 16
team to participate in a sanctioned: 17
a. Conference; 18
b. Conference tournament; 19
c. District tournament; 20
d. Regional tournament; or 21
e. State tournament or event. 22
5. This subsection does not allow eligibility for a recognition, award, or 23
championship sponsored by the state board or any agency designated by 24
the state board to manage interscholastic athletics. 25
6. A nonmember at-home private school's team or students may participate 26
in interscholastic athletics permitted, offered, or sponsored by the state 27
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board or any agency designated by the state board to manage 1
interscholastic athletics. 2
(e) 1. Every local board of education shall require an annual medical 3
examination performed and signed by a physician, physician assistant, 4
advanced practice registered nurse, or chiropractor, if performed within the 5
professional's scope of practice, for each student seeking eligibility to 6
participate in any school athletic activity or sport. 7
2. Any interscholastic athletics participation consent form that is adopted 8
by the Kentucky Board of Education or any organization or agency 9
designated by the state board to manage interscholastic athletics shall 10
include the following information: 11
a. A student -athlete may report instances of child dependency, 12
neglect, and abuse to any adult; 13
b. Any person who knows or has reasonable cause to believe that a 14
child is dependent, neglected, or abused shall report that 15
information pursuant to KRS 620.030; and 16
c. References to instructions on reporting child dependency, neglect, 17
and abuse, including KRS 620.030. 18
3. The Kentucky Board of Education or any organization or agency 19
designated by the state board to manage interscholas tic athletics shall 20
include the following information in any training for administrators and 21
coaches under its jurisdiction: 22
a. The duty to report instances of child dependency, neglect, and 23
abuse; and 24
b. Procedures for reporting child dependency, neglect, and abuse 25
under KRS 620.030. 26
4. The Kentucky Board of Education or any organization or agency 27
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designated by the state board to manage interscholastic athletics shall 1
not promulgate administrative regulations or adopt any policies or 2
bylaws that are contrary to the provisions of this paragraph. 3
(f) Any student who turns nineteen (19) years of age prior to August 1 shall not 4
be eligible for high school athletics in Kentucky. Any student who turns 5
nineteen (19) years of age on or after August 1 shall remain e ligible for that 6
school year only. An exception to the provisions of this paragraph shall be 7
made, and the student shall be eligible for high school athletics in Kentucky if 8
the student: 9
1. Qualified for exceptional children services and had an individual 10
education program developed by an admissions and release committee 11
(ARC) while the student was enrolled in the primary school program; 12
2. Was retained in the primary school program because of an ARC 13
committee recommendation; and 14
3. Has not completed four ( 4) consecutive years or eight (8) consecutive 15
semesters of eligibility following initial promotion from grade eight (8) 16
to grade nine (9). 17
(g) The state board or any agency designated by the state board to manage 18
interscholastic athletics shall promulgate administrative regulations or bylaws 19
that provide that: 20
1. A member school shall designate all athletic teams, activities, and sports 21
for students in grades six (6) through twelve (12) as one (1) of the 22
following categories: 23
a. "Boys"; 24
b. "Coed"; or 25
c. "Girls"; 26
2. The sex of a student for the purpose of determining eligibility to 27
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participate in an athletic activity or sport shall be determined by: 1
a. A student's biological sex as indicated on the student's original, 2
unedited birth certificate issued at the time of birth; or 3
b. An affidavit signed and sworn to by the physician, physician 4
assistant, advanced practice registered nurse, or chiropractor that 5
conducted the annual medical examination required by paragraph 6
(e) of this subsection under penalty of per jury establishing the 7
student's biological sex at the time of birth; 8
3. a. An athletic activity or sport designated as "girls" for students in 9
grades six (6) through twelve (12) shall not be open to members of 10
the male sex. 11
b. [Nothing in ] This section shall not be construed to restrict the 12
eligibility of any student to participate in an athletic activity or 13
sport designated as "boys" or "coed"; and 14
4. Neither the state board, any agency designated by the state board to 15
manage interscholasti c athletics, any school district, nor any member 16
school shall entertain a complaint, open an investigation, or take any 17
other adverse action against a school for maintaining separate 18
interscholastic or intramural athletic teams, activities, or sports for 19
students of the female sex. 20
(h) 1. The state board or any agency designated by the state board to manage 21
interscholastic athletics shall promulgate administrative regulations that 22
permit a school district to employ or assign nonteaching or noncertified 23
personnel or personnel without postsecondary education credit hours to 24
serve in a coaching position. The administrative regulations shall give 25
preference to the hiring or assignment of certified personnel in coaching 26
positions. 27
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2. A person employed in a coachi ng position shall be a high school 1
graduate and at least twenty -one (21) years of age and shall submit to a 2
criminal background check in accordance with KRS 160.380. 3
3. The administrative regulations shall specify post -hire requirements for 4
persons employed in coaching positions. 5
4. The regulations shall permit a predetermined number of hours of 6
professional development training approved by the state board or its 7
designated agency to be used in lieu of postsecondary education credit 8
hour requirements. 9
5. A local school board may specify post -hire requirements for personnel 10
employed in coaching positions in addition to those specified in 11
subparagraph 3. of this paragraph. 12
(i) Unless permitted to be eligible for varsity athletics by any transfer rule, 13
policy, or administrative regulation promulgated by the state board or any 14
agency designated by the state board to manage interscholastic athletics, any 15
student who transfers enrollment from a district of residence to a nonresident 16
district under KRS 157.350(4) (a)[(b)] after enrolling in grade nine (9) and 17
participating in a varsity sport shall be ineligible to participate in 18
interscholastic athletics for one (1) calendar year from the date of the transfer. 19
The state board or any agency designated by the state boar d to manage 20
interscholastic athletics may adopt rules, policies, and bylaws and promulgate 21
administrative regulations necessary to carry out this paragraph. 22
(j) No member school shall grant a student -athlete the right to use the member 23
school's property, o r intellectual property, such as trademarks, school 24
uniforms, and copyrights, in the student's earning of compensation through 25
name, image, and likeness activities. No student -athlete shall use school 26
property or such intellectual property in earning compe nsation through name, 27
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image, and likeness activities. The state board or any agency designated by 1
the state board to manage interscholastic athletics shall promulgate 2
administrative regulations to govern and enforce this paragraph. 3
(3) (a) The Kentucky Board of Education is hereby authorized to lease from the State 4
Property and Buildings Commission or others, whether public or private, any 5
lands, buildings, structures, installations, and facilities suitable for use in 6
establishing and furthering television and related facilities as an aid or 7
supplement to classroom instruction throughout the Commonwealth and for 8
incidental use in any other proper public functions. The lease may be for any 9
initial term commencing with the date of the lease and ending with the next 10
ensuing June 30, which is the close of the then -current fiscal biennium of the 11
Commonwealth, with exclusive options in favor of the board to renew the 12
same for successive ensuing bienniums, July 1 in each even year to June 30 in 13
the next ensuing even year; and the rentals may be fixed at the sums in each 14
biennium, if renewed, sufficient to enable the State Property and Buildings 15
Commission to pay therefrom the maturing principal of and interest on, and 16
provide reserves for, any revenue bonds which the State Property and 17
Buildings Commission may determine to be necessary and sufficient, in 18
agreement with the board, to provide the cost of acquiring the television and 19
related facilities with appurtenances and costs as may be incident to the 20
issuance of the bonds. 21
(b) Each option of the Kentucky Board of Education to renew the lease for a 22
succeeding biennial term may be exercised at any time after the adjournment 23
of the session of the General Assembly at which appropriations shall have 24
been made for the ope ration of the state government for such succeeding 25
biennial term, by notifying the State Property and Buildings Commission in 26
writing, signed by the chief state school officer, and delivered to the secretary 27
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of the Finance and Administration Cabinet as a m ember of the commission. 1
The option shall be deemed automatically exercised, and the lease 2
automatically renewed for the succeeding biennium, effective on the first day 3
thereof, unless a written notice of the board's election not to renew shall have 4
been delivered in the office of the secretary of the Finance and Administration 5
Cabinet before the close of business on the last working day in April 6
immediately preceding the beginning of the succeeding biennium. 7
(c) The Kentucky Board of Education shall not it self operate leased television 8
facilities, or undertake the preparation of the educational presentations or 9
films to be transmitted thereby, but may enter into one (1) or more contracts 10
to provide therefor, with any public agency and instrumentality of the 11
Commonwealth having, or able to provide, a staff with proper technical 12
qualifications, upon which agency and instrumentality the board, through the 13
chief state school officer and the Department of Education, is represented in 14
such manner as to coordinate matters of curriculum with the curricula 15
prescribed for the public schools of the Commonwealth. Any contract for the 16
operation of the leased television or related facilities may permit limited and 17
special uses of the television or related facilities for ot her programs in the 18
public interest, subject to the reasonable terms and conditions as the board and 19
the operating agency and instrumentality may agree upon; but any contract 20
shall affirmatively forbid the use of the television or related facilities, at an y 21
time or in any manner, in the dissemination of political propaganda or in 22
furtherance of the interest of any political party or candidate for public office, 23
or for commercial advertising. No lease between the board and the State 24
Property and Buildings Co mmission shall bind the board to pay rentals for 25
more than one (1) fiscal biennium at a time, subject to the aforesaid renewal 26
options. The board may receive and may apply to rental payments under any 27
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lease and to the cost of providing for the operation of the television or related 1
facilities not only appropriations which may be made to it from state funds, 2
from time to time, but also contributions, gifts, matching funds, devises, and 3
bequests from any source, whether federal or state, and whether public or 4
private, so long as the same are not conditioned upon any improper use of the 5
television or related facilities in a manner inconsistent with the provisions of 6
this subsection. 7
(4) The state board may, on the recommendation and with the advice of the chief state 8
school officer, prescribe, print, publish, and distribute at public expense such 9
administrative regulations, courses of study, curriculums, bulletins, programs, 10
outlines, reports, and placards as each deems necessary for the efficient 11
management, co ntrol, and operation of the schools and programs under its 12
jurisdiction. All administrative regulations published or distributed by the board 13
shall be enclosed in a booklet or binder on which the words "informational copy" 14
shall be clearly stamped or printed. 15
(5) Upon the recommendation of the chief state school officer or his or her designee, 16
the state board shall establish policy or act on all matters relating to programs, 17
services, publications, capital construction and facility renovation, equipment, 18
litigation, contracts, budgets, and all other matters which are the administrative 19
responsibility of the Department of Education. 20
(6) On or after June 27, 2025, the state board shall not impose any new reporting 21
requirement upon public schools or public scho ol districts that is not expressly 22
authorized by state statute or federal law. 23
Section 5. Whereas it is paramount that schools in the Commonwealth have the 24
best leadership possible, an emergency is declared to exist, and Section 3 of this Act 25
takes effect upon its passage and approval by the Governor or upon its otherwise 26
becoming a law. 27