AN ACT relating to education.

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AN ACT relating to education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 156 IS CREATED TO 3
READ AS FOLLOWS: 4
The General Assembly hereby finds and declares that locally driven innovation in 5
public education can improve school operations and student outcomes. It is the intent 6
of the General Assembly that Sections 2, 3, and 4 of this Act provide local boards of 7
education with flexibility to depart from statutory and administrative requirements that 8
may constrain improvement, in order to pilot, implement, and refine innovative 9
practices, particularly in schools serving students with unmet academic needs, where 10
such practices are informed by promising approaches implemented in other public 11
education settings, while maintaining appropriate safeguards for student welfare and 12
academic achievement. 13
Section 2. KRS 156.161 is amended to read as follows: 14
(1) Except as provided in Section 3 of this Act or otherwise provided in statute, the 15
Kentucky Board of Education, upon the request of the local board of ed ucation of a 16
school district, may grant a waiver from the requirements of an administrative 17
regulation promulgated by the state board or from a statute over which the state 18
board has authority to enforce. The state board may also grant a waiver from the 19
requirements of an administrative regulation promulgated by the Education 20
Professional Standards Board or from a statute over which the Education 21
Professional Standards Board has authority to enforce, after consultation with 22
the Education Professional Standa rds Board. A waiver granted by the state board 23
shall expire on June 30 of the third full school year after the request was first 24
approved, regardless of subsequent amendment, unless the state board renews the 25
waiver prior to expiration. However, a waiver g ranted for specific school district 26
facility projects, such as the waiver of requirements for the construction or 27
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renovation of school buildings or the acquisition or disposition of property, shall 1
not expire unless the state board specifically provides fo r expiration when 2
granting the waiver. The state board shall not approve any waiver request to 3
overturn a certification determination of a specific individual by the Education 4
Professional Standards Board. The state board shall not waive any statute or 5
administrative regulation: 6
(a) Relating to health and sa fety, including required criminal background checks 7
for staff and volunteers specified in KRS 160.380 and 161.148; 8
(b) Relating to civil rights; 9
(c) Required by federal law; 10
(d) Relating to compulsory attendance requirements under KRS 158.030 and 11
158.100, or the recording of data necessary for participation in the fund to 12
support education excellence in Kentucky; 13
(e) Establishing certification requirements for teachers [ in core academic areas] , 14
except a waiver may authorize up to twenty -five percent (25%) of the 15
teaching staff of a school may be employed without teacher certification if the 16
individual possesses a:[ ] 17
1. Baccalaureate or graduate degree in the subject the individual is hired to 18
teach; or 19
2. Recognized industry credential in the technical edu cation area the 20
individual is hired to teach; 21
(f) Requiring students' participation in state assessment of student performance as 22
required under KRS 158.6453; 23
(g) Financial audits, audit procedures, and audit requirements under KRS 24
156.265; 25
(h) Open records and open meeting requirements under KRS Chapter 61; 26
(i) Purchasing requirements and limitations under KRS Chapter 45A and KRS 27
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156.074 and 156.480; or 1
(j) Requiring instructional time that is at least equivalent to the student 2
instructional year specified in KRS 158.070. 3
(2) A waiver request under subsection (1) of this section shall: 4
(a) Identify the specific statutes and administrative regulations for which the local 5
board is seeking a waiver; 6
(b) Specify the schools or programs within the district to w hich the waiver shall 7
apply; 8
(c) Explain how the waiver for the schools or programs of each specific statute or 9
administrative regulation will improve operations or student academic 10
achievement; and 11
(d) Include any evidence the district wishes to submit to support the request. 12
(3) A local board may request the Kentucky Department of Education to assist in the 13
development of a waiver request. To receive assistance, a local board shall 14
provide the department with a list of innovative practices the local boar d intends 15
to submit in a waiver request. The department shall provide a timely analysis of 16
the list to the local board that identifies which statutes and administrative 17
regulations under the authority of the state board or the Education Professional 18
Standards Board, if any, would need to be waived to allow the innovative practice. 19
(4) The department may provide the state board an analysis of a waiver request to 20
assist the state board with consideration of the waiver request. However, if the 21
waiver request w as previously analyzed by the department while assisting under 22
subsection (3) of this section and has not been modified, then the analysis for the 23
state board shall be consistent with the completed analysis for the local board. 24
The department and the commissioner shall not recommend approval or denial to 25
the state board, but may provide the benefits and disadvantages of approving the 26
waiver request. 27
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(5) Upon the majority vote of a local board approving a waiver request, the 1
superintendent of the district or the local board's designee shall submit the waiver 2
request to the state board. The state board shall consider the waiver of each statute 3
or administrative regulation included in the request at a[the next regularly 4
scheduled] meeting occurring no later tha n thirty (30) calendar days after 5
submission and shall either approve or deny the request. In considering approval for 6
each statute or administrative regulation identified in a waiver request, the state 7
board shall grant the request if , when considered in conjunction with the findings 8
and declarations of Section 1 of this Act, the waiver request reasonably 9
demonstrates[ it demonstrates] that approval[the waiver] is more likely than not: 10
(a) To improve that school's or program's operation without hindering s tudent 11
academic achievement; or 12
(b) To improve student academic achievement at that school or program. 13
(6)[(4)] In submitting a waiver request for consideration under subsection (5)[(3)] of 14
this section, a local board may seek to identify the school or pr ogram that is the 15
subject of the request as a school of innovation for the purposes of providing 16
innovative educational opportunities to students. An application for identification 17
as a school of innovation may also incorporate any waivers previously appro ved 18
and in effect under this section or Section 3 of this Act [In addition to any other 19
waivers granted for the school or program, a school of innovation shall be granted a 20
waiver from all statutes and administrative regulations that would prevent the 21
district from entering into an agreement with an education service provider to assist 22
in the management and operation of the school or program] . The state board shall 23
approve the request to be identified as a school of innovation [request ] if the 24
request demonstrates that all the approved waivers under this section and Section 25
3 of this Act attempt to improve student outcomes in a manner that would be 26
difficult or impossible without the approved waivers. Notwithstanding any 27
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previous expiration date, the waivers incorporated in the identification as a school 1
of innovation shall expire on June 30 of the third full school year after the 2
identification is made [is more likely than not to improve either that school's or 3
program's operation or student academic achievement]. 4
(7)[(5)] A local board whose request to waive a statute or administrative regulation 5
under subsection (5) or (6) [(3) or (4)] of this section w as denied may amend the 6
original request for reconsideration at the state board's next regularly scheduled 7
meeting[. A local board may request assistance from the Kentucky Department of 8
Education in the development of the local board's waiver request or an amendment]. 9
(8)[(6)] A local board may seek to amend a previously approved waiver request by 10
submitting the amendment for approval by the state board under the same 11
procedures as the original request. 12
(9)[(7)] A local board that is granted a waiver under subsection (5) or (6)[(3) or (4)] of 13
this section may submit a request to renew the waiver to the state board. A renewal 14
request shall be submitted no earlier than six (6) months prior to that waiver's 15
expiration. The renewal request shall include evidence of the operational 16
improvement of the school or program that is subject to the waiver, the academic 17
achievement of the students enrolled in the schools or program, comparisons of 18
those students with similar students across the state, and any other evidenc e of the 19
waiver's benefit to student academic achievement. If the state board finds that the 20
waiver has had a positive impact on the school's or program's operation or the 21
academic achievement of students, then the renewal request shall be approved. An 22
approved renewal request shall extend the waiver for an additional three (3) school 23
years. However, a waiver related to school district facility projects, as identified in 24
subsection (1) of this section, shall not expire unless the state board specifically 25
provides for expiration when granting the waiver. 26
(10)[(8)] Any school that is subject to a waiver shall admit any and all children eligible 27
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to attend the school subject to the local board's policies. 1
(11)[(9)] If the state board at any time finds by a two -thirds (2/3) majority vote that a 2
specific waiver previously granted has hindered school or program operations, 3
endangered students, impeded student academic achievement, or supported 4
financial malfeasance or c riminal activity, then the waiver shall be rescinded. The 5
existence of a waiver shall not negate the legal duties or professional 6
responsibilities of a district employee. 7
(12) The Kentucky Board of Education, the commissioner of education, and the 8
Kentucky Department of Education shall not penalize a school district for an 9
action that violates a statute or administrative regulation if: 10
(a) The action was described in a request for assistance under subsection (3) of 11
this section; and 12
(b) The analysis of the request for assistance submitted to the district by the 13
department: 14
1. Indicated that the action would not violate any statute or 15
administrative regulation in existence at the time of the analysis; or 16
2. Did not include the statute or administrative regul ation in existence at 17
the time of the analysis and the exact request for assistance was 18
approved as a waiver request by the Kentucky Board of Education. 19
(13)[(10)] The state board shall promulgate administrative regulations in accordance 20
with KRS Chapter 1 3A to adopt a standardized waiver request form and establish 21
any procedures for processing waiver requests in compliance with this section. 22
SECTION 3. A NEW SECTION OF KRS CHAPTER 156 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) Notwithstanding any provision of Section 2 of this Act to the contrary, the 25
Kentucky Board of Education shall establish and maintain a list of expedited 26
waivers that a local board of education may submit to the commissioner of 27
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education for approval. The li st of expedited waivers shall include a waiver of all 1
statutes and administrative regulations that prohibit a district from entering into 2
an agreement with an education service provider to assist in the management and 3
operation of a school or program. The waiver authority delegated to the 4
commissioner of education by the state board shall be subject to the same 5
limitations established in subsection (1) of Section 2 of this Act. 6
(2) The commissioner shall consider an expedited waiver submitted under subsecti on 7
(1) of this section and shall either approve or deny the request within ten (10) 8
business days. The commissioner shall approve the request unless he or she 9
determines that the expedited waiver would substantially: 10
(a) Hinder the operation of the distric t's schools or programs that are the 11
subject of the waiver; or 12
(b) Impede student academic achievement within the schools or programs that 13
are the subject of the waiver. 14
(3) An expedited waiver granted by the commissioner shall expire on June 30 of the 15
third full school year after the request was first approved, regardless of 16
subsequent amendment, unless the commissioner renews the waiver prior to 17
expiration. The state board may extend the duration of specific expedited waivers 18
on the list for a longer time or permanently. 19
(4) If the commissioner at any time finds that a specific expedited waiver previously 20
granted under this section has substantially hindered school or program 21
operations, endangered students, impeded student academic achievement, or 22
supported financial malfeasance or criminal activity, then the waiver shall be 23
rescinded. The existence of a waiver shall not negate the legal duties or 24
professional responsibilities of district employees. 25
(5) A local board may appeal the denial of an expedited w aiver by the commissioner 26
to the state board. To be considered by the state board, the appeal shall be filed 27
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within thirty (30) days of the denial. The state board shall consider the appeal 1
within thirty (30) days of the appeal being filed. 2
(6) By July 1 o f each year, the Kentucky Board of Education shall annually review 3
the numbers and types of expedited waivers approved under this section and 4
waivers granted under Section 2 of this Act to determine if any amendments to or 5
repeals of administrative regulations are necessary. The review shall also include 6
the operation of schools of innovation under Section 2 of this Act. The state 7
board may also recommend statutory changes to the General Assembly to reduce 8
unnecessary burdens on school districts and any new best practices observed 9
from schools of innovation that would benefit schools across the Commonwealth. 10
Section 4. KRS 157.360 is amended to read as follows: 11
(1) (a) In determining the cost of the program to support educ ation excellence in 12
Kentucky, the statewide guaranteed base funding level, as defined in KRS 13
157.320, shall be computed by dividing the amount appropriated for this 14
purpose by the prior year's statewide average daily attendance. 15
(b) When determining the bi ennial appropriations for the program, the average 16
daily attendance for each fiscal year shall include an estimate of the number 17
of students graduating early under the provisions of KRS 158.142. 18
(2) Each district shall receive an amount equal to the base f unding level for each pupil 19
in average daily attendance in the district in the previous year, except a district shall 20
receive an amount equal to one -half (1/2) of the state portion of the average 21
statewide per pupil guaranteed base funding level for each s tudent who graduated 22
early under the provisions of KRS 158.142. Each district's base funding level shall 23
be adjusted by the following factors: 24
(a) The number of at -risk students in the district. At -risk students shall be 25
identified as those approved for the free lunch program under state and federal 26
guidelines. The number of at-risk students shall be multiplied by a factor to be 27
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established by the General Assembly. Funds generated under this paragraph 1
may be used to pay for: 2
1. Alternative programs for stud ents who are at risk of dropping out of 3
school before achieving a diploma; and 4
2. A hazardous duty pay supplement as determined by the local board of 5
education to the teachers who work in alternative programs with 6
students who are violent or assaultive; 7
(b) The number and types of exceptional children in the district as defined by 8
KRS 157.200. Specific weights for each category of exceptionality shall be 9
used in the calculation of the add-on factor for exceptional children; and 10
(c) Transportation costs. The per-pupil cost of transportation shall be calculated 11
as provided by KRS 157.370. Districts which contract to furnish 12
transportation to students attending nonpublic schools may adopt any payment 13
formula which ensures that no public school funds are used fo r the 14
transportation of nonpublic students. 15
(3) Beginning with the 2015 -2016 school year and each year thereafter, the General 16
Assembly shall annually allocate funds equal to one -half (1/2) of the state portion 17
of the average statewide per pupil guaranteed base funding level for each student 18
who graduated early under the provisions of KRS 158.142 the previous school year 19
to the Kentucky Higher Education Assistance Authority for deposit in the early 20
graduation scholarship trust fund. 21
(4) The program to support education excellence in Kentucky shall be ful ly 22
implemented by the 1994-95 school year. 23
(5) (a) Except for those schools which have implemented school -based decision 24
making, the commissioner of education shall enforce maximum class sizes for 25
every academic course requirement in all grades except in v ocal and 26
instrumental music, and physical education classes. Except as provided in 27
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subsection (6) of this section, the maximum number of pupils enrolled in a 1
class shall be as follows: 2
1. Twenty-four (24) in primary grades (kindergarten through third grade); 3
2. Twenty-eight (28) in grade four (4); 4
3. Twenty-nine (29) in grades five (5) and six (6); 5
4. Thirty-one (31) in grades seven (7) to twelve (12). 6
(b) Except for those schools which have implemented school -based decision 7
making, class size loads for middle and secondary school: 8
1. Classroom teachers shall not exceed the equivalent of one hundred fifty 9
(150) pupil hours per day; and 10
2. Virtual program teachers shall not exceed the equivalent of three 11
hundred (300) pupil hours per day. 12
(c) The commissioner of education, upon approval of the Kentucky Board of 13
Education, shall adopt administrative regulations for enforcing this provision. 14
These administrative regulations shall include procedures for a superintendent 15
to request an exemption from the Kentucky Department[Board] of Education 16
when unusual circumstances warrant an increased class size for an individual 17
class. A request for an exemption shall include specific reasons for the 18
increased class size with a plan for reducing the class size prior to the 19
beginning of the next school year. A district shall not receive in any one (1) 20
year exemptions for more classes than enroll twenty percent (20%) of the 21
pupils in the primary grades and grades four (4) through eight (8). 22
(d) In all schools the commissioner of education shall enforce the special 23
education maximum class sizes set by administrative regulations adopted by 24
the Kentucky Board of Education. A superintendent or school council may 25
request an exemption pursuant to paragraph (c) of this subsection. [ A lo cal 26
school council may request a waiver relating to maximum class size pursuant 27
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to KRS 156.161 in the same manner as a local board of education.] An 1
exemption or waiver shall not be granted if the increased class size will 2
impede any exceptional child from achieving his or her individual education 3
program in the least restrictive environment. 4
(6) In grades four (4) through six (6) with combined grades, the maximum class size 5
shall be the average daily attendance upon which funding is appropriated for the 6
lowest assigned grade in the class. There shall be no exceptions to the maximum 7
class size for combined classes. In combined classes other than the primary grades, 8
no ungraded students shall be placed in a combined class with graded students. In 9
addition, there shall be no more than two (2) consecutive grade levels combined in 10
any one (1) class in grades four (4) through six (6). However, this shall not apply to 11
schools which have implemented school-based decision making. 12
(7) If a local school district, throu gh its admission and release committee, determines 13
that an appropriate program in the least restrictive environment for a particular child 14
with a disability includes either part -time or full -time enrollment with a private 15
school or agency within the state or a public or private agency in another state, the 16
school district shall count as average daily attendance in a public school the time 17
that the child is in attendance at the school or agency, contingent upon approval by 18
the commissioner of education. 19
(8) Pupils attending a center for child learning and study established under an 20
agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose of calculating 21
average daily attendance, be considered as in attendance in the school district in 22
which the child legally resides and which is party to the agreement. For purposes of 23
subsection (1) of this section, teachers who are actually employees of the joint or 24
cooperative action shall be considered as employees of each school district which is 25
a party to the agreement. 26
(9) Program funding shall be increased when the average daily attendance in any 27
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district for the first two (2) months of the current school year is greater than the 1
average daily attendance of the district for the first two (2) months of the previo us 2
school year. The program funds allotted the district shall be increased by the 3
percent of increase. The average daily attendance in kindergarten is the 4
kindergarten full-time equivalent pupils in average daily attendance. 5
(10) If the average daily atten dance for the current school year in any district decreases 6
by ten percent (10%) or more than the average daily attendance for the previous 7
school year, the average daily attendance for purposes of calculating program 8
funding for the next school year shall be increased by an amount equal to two-thirds 9
(2/3) of the decrease in average daily attendance. If the average daily attendance 10
remains the same or decreases in the succeeding school year, the average daily 11
attendance for purposes of calculating program funding for the following school 12
year shall be increased by an amount equal to one -third (1/3) of the decrease for the 13
first year of the decline. 14
(11) If the percentage of attendance of any school district shall have been reduced more 15
than two percent (2%) during the previous school year, the program funding 16
allotted the district for the current school year shall be increased by the difference in 17
the percentage of attendance for the two (2) years immediately prior to the current 18
school year less two percent (2%). 19
(12) (a) Instructional salaries for vocational agriculture classes shall be for twelve (12) 20
months per year. Vocational agriculture teachers shall be responsible for the 21
following program of instruction during the time period beyond the regular 22
school term established by the local board of education: supervision and 23
instruction of students in agriculture experience programs; group and 24
individual instruction of farmers and agribusinessmen; supervision of student 25
members of agricultural organizations who are involved in leadership training 26
or other activity required by state or federal law; or any program of vocational 27
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agriculture established by the Department of Education. During extended 1
employment, no vocational agriculture teacher shall receive sala ry on a day 2
that the teacher is scheduled to attend an institution of higher education class 3
which could be credited toward meeting any certification requirement. 4
(b) Each teacher of agriculture employed shall submit an annual plan for summer 5
program to th e local school superintendent for approval. The summer plan 6
shall include a list of tasks to be performed, purposes for each task, and time 7
to be spent on each task. Approval by the local school superintendent shall be 8
in compliance with the guidelines dev eloped by the Department of Education. 9
The supervision and accountability of teachers of vocational agriculture's 10
summer programs shall be the responsibility of the local school 11
superintendent. The local school superintendent shall submit to the 12
commissioner of education a completed report of summer tasks for each 13
vocational agriculture teacher. Twenty percent (20%) of the approved 14
vocational agriculture programs shall be audited annually by the State 15
Department of Education to determine that the summer plan has been properly 16
executed. 17
(13) (a) In allotting program funds for home and hospital instruction, statewide 18
guaranteed base funding, excluding the capital outlay, shall be allotted for 19
each child in average daily attendance in the prior school year who has been 20
properly identified according to Kentucky Board of Education administrative 21
regulations. Attendance shall be calculated pursuant to KRS 157.270 and shall 22
be reported monthly on forms provided by the Department of Education; and 23
(b) Pursuant to adm inistrative regulations of the Kentucky Board of Education, 24
local school districts shall be reimbursed for home and hospital instruction for 25
pupils unable to attend regular school sessions because of short -term health 26
impairments. A reimbursement formula s hall be established by administrative 27
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regulations to include such factors as a reasonable per hour, per child 1
allotment for teacher instructional time, with a maximum number of funded 2
hours per week, a reasonable allotment for teaching supplies and equipme nt, 3
and a reasonable allotment for travel expenses to and from instructional 4
assignments, but the formula shall not include an allotment for capital outlay. 5
Attendance shall be calculated pursuant to KRS 157.270 and shall be reported 6
annually on forms provided by the Department of Education. 7
(14) Except for those schools which have implemented school -based decision making 8
and the school council has voted to waive this subsection and for virtual programs, 9
kindergarten aides shall be provided for each twenty -four (24) full -time equivalent 10
kindergarten students enrolled. 11
(15) Effective July 1, 2001, there shall be no deduction applied against the base funding 12
level for any pupil in average daily attendance who spends a portion of his or her 13
school day in a prog ram at a state -operated career and technical education or 14
vocational facility. 15
(16) During a fiscal year, a school district may request that the Department of Education 16
recalculate its funds allocated under this section if the current year average daily 17
attendance for the twenty (20) day school month as defined in KRS 158.060(2) that 18
contains the most days within the calendar month of January exceeds the prior year 19
adjusted average daily attendance plus growth by at least one percent (1%). Any 20
adjustments in the allotments approved under this subsection shall be proportional 21
to the remaining days in the school year and subject to available funds under the 22
program to support education excellence in Kentucky. 23
(17) To calculate the state portion of the program to support education excellence in 24
Kentucky for a school district, the Department of Education shall subtract the local 25
effort required under KRS 157.390(5) from the calculated base funding under the 26
program to support education excellence in Kentucky, as required by this section. 27
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The value of the real estate used in this calculation shall be the lesser of the current 1
year assessment or the prior year assessment increased by four percent (4%) plus 2
the value of current year new property. The calculation unde r this subsection shall 3
be subject to available funds. 4
(18) Notwithstanding any other statute or budget of the Commonwealth language to the 5
contrary, time missed due to shortening days for emergencies may be made up by 6
lengthening school days in the school calendar without any loss of funds under the 7
program to support education excellence in Kentucky. 8
SECTION 5. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 9
READ AS FOLLOWS: 10
(1) There is hereby established the school of innovation pilot project to provide 11
school districts with th e opportunity to explore innovative school operation 12
models. 13
(2) (a) There is hereby established in the State Treasury a trust and agency 14
account to be known as the school of innovation pilot project fund. The 15
fund shall consist of moneys received from sta te appropriations, gifts, 16
grants, and federal funds. 17
(b) The fund shall be administered by the Kentucky Department of Education. 18
(c) Amounts deposited in the fund shall be used to support the school of 19
innovation pilot project under this section and no other purpose. 20
(d) Notwithstanding KRS 45.229, fund amounts not expended at the close of a 21
fiscal year shall not lapse but shall be carried forward into the next fiscal 22
year. 23
(3) The school of innovation pilot project shall begin August 1, 2026, and end June 24
30, 2028, and shall consist of: 25
(a) Beginning with the first year of the pilot project, any school of innovation 26
established by Covington Independent School District; and 27
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(b) To the extent funds are available and beginning with the 2027 -2028 school 1
year, a cohort of two (2) schools of innovation chosen from applications 2
submitted by local boards of education that meet the following criteria: 3
1. The applicant has previously or concurrently been approved under 4
Section 2 of this Act for a school of innovation; 5
2. The school of innovation is not a virtual program as defined in KRS 6
157.320; 7
3. The application proposes a significant innovative educational 8
opportunity to improve student outcomes, school operations, or both 9
through approaches that would be difficult or impractical to 10
implement under existing statutory or regulatory requirements; and 11
4. The applicant identifies matching moneys consisting of district 12
revenues, philanthropic contributions, or other funds that are to be 13
dedicated for the operation of the school of innovation until the end of 14
the pilot project and which shall be eligible to serve as matching funds 15
under subsection (4) of this section. 16
(4) The Kentucky Board of Education shall: 17
(a) Establish an annual timeline for application submission and approval for 18
each year of the pilot project; and 19
(b) Review and approve two (2) applications under subsection (3) of this section 20
for admission into the pilot project under subsection (3)(b) of this section to 21
the extent that funds are available during th e operation of the pilot project. 22
The department shall distribute funds from the school of innovation pilot 23
project fund to an approved applicant in amounts that match the funds 24
dedicated by the approved applicant under subsection (3) of this section. 25
The funds shall be distributed on a regular schedule to the approved 26
applicant so long as the applicant operates the school of innovation as 27
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outlined in the approved application. An approved applicant may submit an 1
amended application so long as the amended ap plication continues to meet 2
the minimum requirements of subsection (3) of this section. Both the 3
matching funds and the pilot project funds shall be restricted to the 4
operation and support of the school of innovation, unless granted a waiver 5
from the Kentucky Board of Education. 6
(5) At the end of each school year, a school district participating in the pilot project 7
shall submit to the Kentucky Department of Education a report which shall be 8
compiled by the department and submitted to the Legislative Resear ch 9
Commission for referral to the Interim Joint Committee on Education. The report 10
shall include: 11
(a) A description of the district's school of innovation activities during the 12
school year and how the school is innovating, including innovations 13
through the waiving of statute or administrative regulation; 14
(b) The education service providers and any other entities the school district 15
has partnered with for the operation of the school of innovation; 16
(c) A general accounting of how the district and matching pil ot project funds 17
have been used; 18
(d) The academic programs offered by the school of innovation; 19
(e) The enrollment details of the school of innovation; 20
(f) What student and school performance factors the district shall use to 21
determine success of the schoo l of innovation and the current status on 22
those factors; and 23
(g) What hindrances to innovation the district may have encountered. 24
(6) Matching funds for the pilot project may include contributions from one (1) or 25
more private or philanthropic entities, including nonprofit organizations that 26
partner with school districts to support the design or implementation of schools of 27
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innovation. 1
(7) An application under subsection (3) of this section: 2
(a) May be submitted collectively by two (2) or more local boards of education; 3
and 4
(b) Shall identify the waivers applicable to each school district, the 5
responsibilities of each school district in op erating the school of innovation, 6
and the matching funds each school district shall provide to support the 7
school of innovation. 8
(8) If the Kentucky Board of Education at any time finds by a two -thirds (2/3) 9
majority vote that the operation of the school o f innovation under this subsection 10
has endangered students, impeded student academic achievement, or supported 11
financial malfeasance or criminal activity, then the school of innovation's 12
participation in the long-term component of the school of innovation pilot project 13
shall be terminated and no further funds shall be distributed. 14
Section 6. For the school of innovation under subsection (3)(a) of Section 5 of 15
this Act: 16
(1) By August 1, 2026, the board of education of Covi ngton Independent Schools 17
shall submit the district’s collection of waivers pursuant to Section 2 of this Act for 18
establishing any school of innovation within the district to the Kentucky Board of 19
Education for inclusion under subsection (3)(a) of Section 5 of this Act; 20
(2) Notwithstanding any requirement of KRS 156.161 to the contrary, within 21
thirty days of the submission under subsection (1) of this section, the Kentucky Board of 22
Education shall approve any waiver requested for a school of innovation that satisfies the 23
requirements of subsection (1) of Section 2 of this Act; 24
(3) Any distribution of funds shall be to Educate NKY Inc. to support the 25
establishment of schools of innovation within the Covington Independent School District 26
and shall be condition ed upon an agreement between Educate NKY Inc. and the 27
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Covington Independent School District for the support and operation of schools of 1
innovation; and 2
(4) Funds distributed shall only be used for the operation of the schools of 3
innovation within the Covington Independent School District. 4