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Back to HB 727
Kentucky General Assembly· HB 727signed by Governor (Acts Ch. 196)

An act relating to education and declaring an emergency., the official text

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1   AN ACT relating to education and declaring an emergency.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 161.028 is amended to read as follows:

4 (1) The Education Professional Standards Board is recognized to be a public body

5   corporate and politic and an agency and instrumentality of the Commonwealth, in

6   the performance of essential governmental functions. The Education Professional

7   Standards Board has the authority and responsibility to:

8   (a) Establish standards and requirements for obtaining and maintaining a teaching

9   certificate;

10  (b) Set standards for, approve, and evaluate college, university, and school district

11  programs for the preparation of teachers and other professional school

12  personnel. College or university programs may be approved by the board for a

13  college or university with regional institutional level accreditation or national

14  institutional level accreditation that is recognized by the United States

15  Department of Education and is eligible to receive federal funding under 20

16  U.S.C. secs. 1061 to 1063. Program standards shall reflect national standards

17  and shall address, at a minimum, the following:

18  1. The alignment of programs with the state's core content for assessment

19  as defined in KRS 158.6457;

20  2. Research-based classroom practices, including effective classroom

21  management techniques;

22  3. Emphasis on subject matter competency of teacher education students;

23  4. Methodologies to meet diverse educational needs of all students;

24  5. The consistency and quality of classroom and field experiences,

25  including early practicums and student teaching experiences;

26  6. The amount of college-wide or university-wide involvement and support

27  during the preparation as well as the induction of new teachers;

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1   7. The diversity of faculty;

2   8. The effectiveness of partnerships with local school districts; and

3   9. The performance of graduates on various measures as determined by the

4   board;

5   (c) Conduct an annual review of diversity in teacher preparation programs;

6   (d) Provide assistance to universities and colleges in addressing diversity, which

7   may include researching successful strategies and disseminating the

8   information, encouraging the development of nontraditional avenues of

9   recruitment and providing incentives, waiving administrative regulations

10  when needed, and other assistance as deemed necessary;

11  (e) Discontinue approval of programs that do not meet standards or whose

12  graduates do not perform according to criteria set by the board;

13  (f) Issue, renew, revoke, suspend, or refuse to issue or renew; impose

14  probationary or supervisory conditions upon; issue a written reprimand or

15  admonishment; or any combination of actions regarding any certificate;

16  (g) Develop specific guidelines to follow upon receipt of an allegation of sexual

17  misconduct by an employee certified by the Education Professional Standards

18  Board. The guidelines shall include investigation, inquiry, and hearing

19  procedures which ensure the process does not revictimize the alleged victim

20  or cause harm if an employee is falsely accused;

21  (h) Receive, along with investigators hired by the Education Professional

22  Standards Board, training on the dynamics of sexual misconduct of

23  professionals, including the nature of this abuse of authority, characteristics of

24  the offender, the impact on the victim, the possibility and the impact of false

25  accusations, investigative procedures in sex offense cases, and effective

26  intervention with victims and offenders;

27  (i) Recommend to the Kentucky Board of Education the essential data elements

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1   relating to teacher preparation and certification, teacher supply and demand,

2   teacher attrition, teacher diversity, and employment trends to be included in a

3   state comprehensive data and information system and periodically report data

4   to the appropriate Interim Joint Committee on Education;

5   (j) Submit reports to the Governor and the Legislative Research Commission and

6   inform the public on the status of teaching in Kentucky;

7   (k) Devise a credentialing system that provides alternative routes to gaining

8   certification and greater flexibility in staffing local schools while maintaining

9   standards for teacher competence;

10  (l) Develop a professional code of ethics;

11  (m) Charge reasonable fees for the issuance, reissuance, and renewal of

12  certificates that are established by administrative regulation. The proceeds

13  shall be used to meet a portion of the costs of the issuance, reissuance, and

14  renewal of certificates, [and ]the costs associated with disciplinary action

15  against a certificate holder under KRS 161.120, and the costs associated with

16  the development and maintenance of the Kentucky Educator Placement

17  Service System required under Section 2 of this Act;

18  (n) Waive a requirement that may be established in an administrative regulation

19  promulgated by the board. A request for a waiver shall be submitted to the

20  board, in writing, by an applicant for certification, a postsecondary institution,

21  or a superintendent of a local school district, with appropriate justification for

22  the waiver. The board may approve the request if the person or institution

23  seeking the waiver has demonstrated extraordinary circumstances justifying

24  the waiver. Any waiver granted under this subsection shall be subject to

25  revocation if the person or institution falsifies information or subsequently

26  fails to meet the intent of the waiver;

27  (o) Promote the development of one (1) or more innovative, nontraditional or

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1   alternative administrator or teacher preparation programs through public or

2   private colleges or universities, private contractors, the Department of

3   Education, or the Kentucky Commonwealth Virtual University and waive

4   administrative regulations if needed in order to implement the program;

5   (p) Grant approval, if appropriate, of a university's request for an alternative

6   program that enrolls an administrator candidate in a postbaccalaureate

7   administrator preparation program concurrently with employment as an

8   assistant principal, principal, assistant superintendent, or superintendent in a

9   local school district. An administrator candidate in the alternative program

10  shall be granted a temporary provisional certificate and shall be a candidate in

11  the Kentucky Principal Internship Program, notwithstanding provisions of

12  KRS 161.030, or the Superintendent's Assessment process, notwithstanding

13  provisions of KRS 156.111, as appropriate. The temporary certificate shall be

14  valid for a maximum of two (2) years, and shall be contingent upon the

15  candidate's continued enrollment in the preparation program and compliance

16  with all requirements established by the board. A professional certificate shall

17  be issued upon the candidate's successful completion of the program,

18  internship requirements, and assessments as required by the board;

19  (q) Employ consultants as needed;

20  (r) Enter into contracts. Disbursements to professional educators who receive less

21  than one thousand dollars ($1,000) in compensation per fiscal year from the

22  board for serving on an assessment validation panel or as a test scorer or

23  proctor shall not be subject to KRS 45A.690 to 45A.725;

24  (s) Sponsor studies, conduct research, conduct conferences, and publish

25  information as appropriate; and

26  (t) Issue orders as necessary in any administrative action before the board.

27 (2) (a) The board shall be composed of seventeen (17) members. The secretary of the

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1   Education and Labor Cabinet and the president of the Council on

2   Postsecondary Education, or their designees, shall serve as ex officio voting

3   members. The Governor shall make the following fifteen (15) appointments:

4   1. Nine (9) members who shall be teachers representative of elementary,

5   middle or junior high, secondary, special education, and secondary

6   vocational classrooms;

7   2. Two (2) members who shall be school administrators, one (1) of whom

8   shall be a school principal;

9   3. One (1) member representative of local boards of education; and

10  4. Three (3) members representative of postsecondary institutions, two (2)

11  of whom shall be deans of colleges of education at public universities

12  and one (1) of whom shall be the chief academic officer or head of an

13  educator preparation program of an independent not-for-profit college or

14  university.

15  (b) The members appointed by the Governor shall be confirmed by the Senate

16  under KRS 11.160. If the General Assembly is not in session at the time of the

17  appointment, persons appointed shall serve prior to confirmation, but the

18  Governor shall seek the consent of the Senate at the next regular session or at

19  an intervening extraordinary session if the matter is included in the call of the

20  General Assembly.

21  (c) Each appointed member shall serve a three (3) year term. A vacancy on the

22  board shall be filled in the same manner as the original appointment within

23  sixty (60) days after it occurs. A member shall continue to serve until his or

24  her successor is named. Any member who, through change of employment

25  status or residence, or for other reasons, no longer meets the criteria for the

26  position to which he or she was appointed shall no longer be eligible to serve

27  in that position.

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1   (d) Members of the board shall serve without compensation but shall be permitted

2   to attend board meetings and perform other board business without loss of

3   income or other benefits.

4   (e) A state agency or any political subdivision of the state, including a school

5   district, required to hire a substitute for a member of the board who is absent

6   from the member's place of employment while performing board business

7   shall be reimbursed by the board for the actual amount of any costs incurred.

8   (f) A chairman shall be elected by and from the membership. A member shall be

9   eligible to serve no more than three (3) one (1) year terms in succession as

10  chairman. Regular meetings shall be held at least semiannually on call of the

11  chairman.

12  (g) The commissioner of education shall serve as executive secretary to the board

13  and may designate staff to facilitate his or her duties.

14  (h) To carry out the functions relating to its duties and responsibilities, the board

15  is empowered to receive donations and grants of funds; to appoint consultants

16  as needed; and to sponsor studies, conduct conferences, and publish

17  information.

18  Section 2. KRS 160.152 is amended to read as follows:

19 (1) As used in[For purposes of] this section, "Kentucky Educator Placement Service

20  System" or "system" means the online statewide job posting system operated by the

21  Kentucky Department of Education for vacancies at, and applications to, local

22  school districts and public charter schools.

23 (2) The Kentucky Department of Education shall ensure that the Kentucky Educator

24  Placement Service System:

25  (a) Is accessible through the department's website;

26  (b) Includes a mechanism for local school districts and public charter schools to

27  electronically post[submit] job openings [for posting ]on the system as

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1   provided in subsection (4) of this section;

2   (c) Allows the public to review job postings;

3   (d) Allows potential applicants to create one (1) or more universal applications

4   and electronically submit applications and relevant application materials to

5   multiple local school districts or public charter schools; and

6   (e) Permits school districts and public charter schools to access, review, and

7   download applications and application materials.

8 (3) Each job posting for a vacancy at a school district or public charter school shall

9   include the school district's or public charter school's policy against discrimination

10  in employment.

11 (4) School districts and public charter schools shall electronically post[submit] all job

12  openings[postings] to the system. All postings must include an opening and closing

13  date for each position posted.

14 (5) The Kentucky Department of Education shall operate and maintain the system to

15  ensure that job postings are current, including tracking each unique position posted,

16  monitoring for repeated position postings, and removing outdated postings, and to

17  collect accurate data about employment in public schools.

18 (6) Nothing in this section shall:

19  (a) Prohibit a school district or public charter school from advertising job

20  openings and recruiting employees independently from the system;

21  (b) Prohibit a school district or public charter school from using another method

22  of advertising job openings or another applicant tracking system in addition to

23  the system;

24  (c) Require all job applications for posted vacancies to be submitted digitally or

25  only be submitted through the system; or

26  (d) Provide the Kentucky Department of Education with any regulatory authority

27  in the hiring process or hiring decisions of any school district or public charter

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1   school.

2 (7) The Kentucky Department of Education shall prepare a report detailing data from

3   the system and its implication for the status of employment in public schools,

4   including but not limited to the number and type of unique and duplicated job

5   postings, how often postings are viewed by the public, and positions that are

6   remaining vacant by type, certification requirement, and location. The report shall

7   be submitted to the Legislative Research Commission for referral to the Interim

8   Joint Committee on Education annually by October 1[, 2023, and annually

9   thereafter].

10  Section 3. KRS 161.030 is amended to read as follows:

11 (1) Notwithstanding the age of the pupil, the certification of all teachers and other

12  school personnel, in public schools only, is vested in the Education Professional

13  Standards Board. When so certified, teachers and other school personnel shall not

14  be required to have licensure, certification, or other forms of approval from any

15  other state agency for the performance of their respective assignments within the

16  system of public schools, except as provided for by law. All certificates authorized

17  under KRS 161.010 to 161.126 shall be issued in accordance with the

18  administrative regulations of the Education Professional Standards Board. After

19  July 15, 1994, all certificate applications and other data collection instruments of

20  the board shall include a request for voluntary information about the applicant's

21  ethnic background. This information shall be available to help local school districts

22  locate minority candidates. A person who holds a certificate prior to this

23  requirement may request that ethnic information be added to his or her file. Nothing

24  in this section shall preclude the right of an individual in a nonpublic school from

25  seeking voluntary certification by the Education Professional Standards Board.

26 (2) Certificates shall be issued upon written application and in accordance with statutes

27  and regulations in effect at the time of application to persons who have completed,

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1   at colleges, universities, or local school district programs approved by the

2   Education Professional Standards Board for the preparation of teachers and other

3   school personnel, the curricula prescribed by the administrative regulations of the

4   Education Professional Standards Board.

5 (3) (a) Certification of all new teachers and teachers seeking additional certification

6   shall require the successful completion of appropriate assessments prior to

7   certification. The assessments shall be selected by the Education Professional

8   Standards Board and shall measure knowledge in the specific teaching field of

9   the applicant, including content of the field and teaching of that content. The

10  Education Professional Standards Board shall determine the minimum

11  acceptable level of achievement on each assessment. The assessments shall

12  measure those concepts, ideas, and facts which are being taught in teacher

13  education programs in Kentucky. Upon successful completion of the

14  assessments and the approved teacher preparation program, a professional

15  certificate valid for five (5) years shall be issued.

16  (b) If an applicant for teacher certification has completed the approved teacher

17  preparation program and has taken but failed to successfully complete the

18  appropriate assessments selected by the Education Professional Standards

19  Board, a conditional certificate may be issued for a period not to exceed one

20  (1) year. The employing school district, in collaboration with the teacher

21  education institution, shall provide technical assistance and mentoring support

22  to the conditionally certified teacher. The teacher shall retake the assessments

23  during the validity period of the conditional certificate. The conditional

24  certificate shall not be reissued. Upon successful completion of the required

25  assessments, a professional certificate valid for five (5) years shall be issued.

26  The Education Professional Standards Board shall promulgate administrative

27  regulations to establish the standards and procedures for issuance of a

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1   conditional certificate.

2   (c) If an out-of-state teacher with less than two (2) years' experience comes to

3   Kentucky after the deadline for taking the assessments, a temporary certificate

4   may be issued for a period up to six (6) months. The teacher shall take the

5   assessments during the period of the temporary certificate. If the teacher fails

6   the assessments, the temporary certificate shall be valid only for the current

7   semester. If the teacher passes the assessments, a professional certificate valid

8   for five (5) years shall be issued.

9 (4) A reasonable fee to be paid by the teacher and directly related to the actual cost of

10  the administration of the assessments shall be established by the Education

11  Professional Standards Board. Provisions shall be made for persons having less than

12  minimum levels of performance on any assessment to repeat that assessment, and

13  candidates shall be informed of their strengths and weaknesses in the specific

14  performance areas. The Education Professional Standards Board shall provide for

15  confidentiality of the individual assessment scores. Scores shall be available only to

16  the candidate and to the education officials who are responsible for determining

17  whether established certification standards have been met. Scores shall be used only

18  in the assessment for certification of new teachers and of out-of-state teachers with

19  less than two (2) years of teaching experience who are seeking initial certification

20  in Kentucky.

21 (5) If an applicant establishes eligibility for a five (5) year professional certificate under

22  the provisions of subsection (3)(a) of this section, the applicant shall also be eligible

23  for the issuance of a certificate for substitute teaching as provided by the

24  administrative regulations of the Education Professional Standards Board.

25 (6) (a) The Education Professional Standards Board shall issue a ten (10) year

26  emeritus certificate to an applicant who has:

27  1. Retired or will retire not more than one (1) year prior to the expiration

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1   date of the certificate;

2   2. Met the requirements to receive an emeritus certificate as set forth in

3   administrative regulation promulgated by the Education Professional

4   Standards Board; and

5   3. Completed the required application unless the provisions of KRS

6   161.120 apply.

7   (b) The Education Professional Standards Board shall issue a one (1) time five (5)

8   year exception certificate to an individual:

9   1. Whose certificate has expired;

10  2. Whose rank upon expiration was Rank I or Rank II;

11  3. Who has met the requirements to receive an exception certificate as set

12  forth in administrative regulation promulgated by the Education

13  Professional Standards Board;

14  4. Who completed three (3) years of classroom instruction prior to the

15  certificate's expiration; and

16  5. Who has completed the required application unless the provisions of

17  KRS 161.120 apply.

18  (c) The Education Professional Standards Board shall issue a five (5) year

19  certificate to an individual:

20  1. Whose certificate has expired;

21  2. Who has met the requirements for a certificate or statement of

22  eligibility in an administrative regulation promulgated by the

23  Education Professional Standards Board; and

24  3. Who submits proof of successful completion of six (6) credit hours of

25  graduate coursework.

26  (d) The Education Professional Standards Board shall issue a one (1) time five

27  (5) year certificate to an individual:

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1   1. Whose certificate has expired;

2   2. Who has met the requirements for a certificate or statement of

3   eligibility in an administrative regulation promulgated by the

4   Education Professional Standards Board; and

5   3. Who submits a waiver issued by a school district superintendent

6   exempting the applicant from the requirement to submit proof of

7   successful completion of six (6) credit hours of graduate coursework

8   under paragraph (c)3. of this subsection.

9 (7) The Education Professional Standards Board shall approve the curricula of any

10  college or university, or of any department thereof, for the training of teachers, and

11  any nontraditional or alternative teacher preparation program offered in a public or

12  private postsecondary education institution, private contractor, or state agency, and

13  shall also approve the curricula of any local district alternative certification

14  program, when the curricula comply with the administrative regulations of the

15  Education Professional Standards Board for the issuance of certificates and when

16  the institution has met the terms and conditions provided in KRS 161.010 to

17  161.120. Any student who has completed any of these curricula, as approved by the

18  Education Professional Standards Board, and who has completed the prescribed

19  requirements for the issuance of certificates shall be granted a certificate

20  corresponding to the curricula completed.

21 (8) The issuance of any certificate, except emergency certificates issued pursuant to

22  KRS 161.100, by the Education Professional Standards Board shall not be

23  dependent upon an offer of employment. The certification process, except for

24  emergency certificates, is independent of any job prospects and certification shall

25  be awarded on the basis of completing a teacher preparation program or an

26  alternative certification pathway and passing required assessments.

27  Section 4. KRS 157.220 is amended to read as follows:

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1 (1) The Department of Education is hereby designated as the agency for cooperation

2   with the state and federal government agencies, the nonpublic school programs and

3   local schools of Kentucky in carrying out the provisions of KRS 157.200 to

4   157.290[157.280].

5 (2) The Kentucky Board of Education shall promulgate[make] necessary

6   administrative[rules and] regulations in accordance[keeping] with[ the provisions

7   of] KRS 157.200 to 157.290[157.280 for their proper administration], including but

8   not limited to establishment of classes, eligibility and admission of pupils,[ the]

9   curriculum, class size and caseload limitations in accordance with subsection (3)

10  of this section, housing, special equipment, and instructional supplies.

11 (3) In providing special education services for the exceptional children and youth

12  specified in subsection (3)(a) to (m) of Section 5 of this Act:

13  (a) The maximum class size for special classes for students with the following

14  conditions shall be limited to:

15  1. Eight (8) students with autism;

16  2. Ten (10) students with a developmental delay;

17  3. Eight (8) students with an emotional-behavioral disability;

18  4. Ten (10) students with a functional mental disability;

19  5. Six (6) students with a hearing impairment;

20  6. Fifteen (15) students with a mild mental disability;

21  7. Ten (10) students with multiple disabilities;

22  8. Sixteen (16) students with an orthopedic impairment;

23  9. Sixteen (16) students with an other health impairment;

24  10. Ten (10) students in kindergarten to grade five (5) and fifteen (15)

25  students in grades six (6) to twelve (12) with a specific learning

26  disability; and

27  11. Ten (10) students with a visual disability;

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1   (b) The maximum caseloads for teachers of special classes shall be as follows:

2   1. Fifteen (15) students with autism;

3   2. Fifteen (15) students with a developmental delay;

4   3. Fifteen (15) students with an emotional-behavioral disability;

5   4. Ten (10) students with a functional mental disability;

6   5. Eight (8) students with a hearing impairment;

7   6. Fifteen (15) students in kindergarten to grade five (5) and twenty (20)

8   students in grades six (6) to twelve (12) with a mild mental disability;

9   7. Ten (10) students with multiple disabilities;

10  8. Twenty (20) students with an orthopedic impairment;

11  9. Twenty (20) students with an other health impairment;

12  10. Fifteen (15) students in kindergarten to grade five (5) and twenty (20)

13  students in grades six (6) to twelve (12) with a specific learning

14  disability; and

15  11. Ten (10) students with a visual disability;

16  (c) For speech-language pathologists the caseload limitations in KRS 334A.190

17  shall apply;

18  (d) Special classes containing more than one (1) disability category shall use

19  the category of the majority of students in the class to determine the

20  maximum class size established in paragraph (a) of this subsection;

21  (e) Two (2) students above the maximum class size established in paragraph (a)

22  of this subsection may be added to a class if a paraprofessional is present;

23  (f) If a teacher of exceptional children and youth provides services through the

24  collaborative model, the maximum caseload shall not exceed twenty (20)

25  students in grades six (6) to twelve (12) and fifteen (15) students in

26  kindergarten to grade five (5);

27  (g) If a teacher of exceptional children provides services through a

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1   combination of collaboration and special classes, the maximum caseload

2   shall not exceed those established in paragraph (b) of this subsection;

3   (h) Teachers of special classes who are assigned student records of more than

4   one (1) disability category shall use the category of the majority of students

5   on the caseload to determine the maximum caseload established in

6   paragraph (b) of this subsection; and

7   (i) State preschool caseload and class size maximums shall be maintained

8   pursuant to Section 7 of this Act.

9 (4)[(2)] The Department of Education is authorized to receive contributions and

10  donations that may be made to carry out[ the provisions and requirements of] KRS

11  157.200 to 157.290[157.280].

12 (5)[(3)] Local supervision of special educational facilities for exceptional children and

13  youth shall be approved by the Department of Education according to

14  administrative[rules and] regulations promulgated[approved] by the Kentucky

15  Board of Education.

16  Section 5. KRS 157.200 is amended to read as follows:

17 As used in KRS 157.200 to 157.290:

18 (1) "Admissions and release committee" or "ARC" means a group of individuals

19  that is responsible for developing, reviewing, or revising an individualized

20  education program for an exceptional child or youth;

21 (2) "Caseload" means the number of exceptional children and youth assigned to a

22  teacher of exceptional children and youth for the purpose of overseeing the

23  management of individualized specially designed instruction and related services

24  as required by the individualized education program;

25 (3) "Exceptional children and youth" means persons under twenty-one (21) years of

26  age who differ in one (1) or more respects from same-age peers in physical, mental,

27  learning, emotional, or social characteristics and abilities to such a degree that they

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1   need special educational programs or services for them to benefit from the regular

2   or usual facilities or educational programs of the public schools in the districts in

3   which they reside. The Department of Education, through administrative

4   regulations promulgated by the Kentucky Board of Education, shall interpret the

5   statutory definitions of exceptionality. An exceptionality is any trait so defined in

6   this section or by administrative regulations promulgated by the Kentucky Board of

7   Education. Requirements of average daily attendance for exceptional classes shall

8   be regulated by statute, or in the absence of direction by administrative regulations

9   promulgated by the Kentucky Board of Education. Categories of exceptionalities

10  included within, but not limited by, this definition are as follows:

11  (a) "Orthopedic impairment" means a severe physical impairment of bone or

12  muscle which adversely affects educational performance to the extent that

13  specially designed instruction is required for the pupil to benefit from

14  education. The term includes physical impairments caused by congenital

15  anomaly, disease, and from other causes;

16  (b) "Other health impairment[impaired]" means limited strength, vitality, or

17  alertness, including a heightened alertness to environmental stimuli, due to a

18  chronic or acute health problem which adversely affects educational

19  performance to the extent that specially designed instruction is required for

20  the pupil to benefit from education. Chronic health problems may include, but

21  are not be limited to, a heart condition, tuberculosis, sickle cell anemia,

22  hemophilia, epilepsy, rheumatic fever, nephritis, asthma, lead poisoning,

23  leukemia, diabetes, attention deficit disorder, attention deficit hyperactive

24  disorder, or acquired immune deficiency syndrome;

25  (c) "Speech or language impairment" means a communication disorder such as

26  stuttering, impaired articulation, impaired language, impaired voice, delayed

27  acquisition of language, or absence of language that adversely affects

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1   educational performance to the extent that specially designed instruction is

2   required for the pupil to benefit from education;

3   (d) "Hearing impairment" means a physiological hearing loss:

4   1. Ranging from mild to profound, which is either permanent or

5   fluctuating, and of such a degree that the pupil is impaired in the

6   processing of linguistic information via the auditory channel either with

7   or without amplification; or

8   2. That adversely affects educational performance so that specially

9   designed instruction is required for the child or youth to benefit from

10  education.

11  The term shall include both deaf and hard of hearing children;

12  (e) "Mental disability" means a deficit or delay in intellectual and adaptive

13  behavior functioning, which adversely affects educational performance to the

14  extent that specially designed instruction is required for the pupil to benefit

15  from education, and which is typically manifested during the developmental

16  period;

17  (f) "Specific learning disability" means a disorder in one (1) or more of the

18  psychological processes primarily involved in understanding or using spoken

19  or written language, which selectively and significantly interferes with the

20  acquisition, integration, or application of listening, speaking, reading, writing,

21  reasoning, or mathematical abilities. "Specific learning disability" may

22  include conditions such as dyslexia, dyscalculia, dysgraphia, developmental

23  aphasia, or perceptual motor disabilities. The disorder is lifelong, intrinsic to

24  the individual, and adversely affects educational performance to the extent

25  that specially designed instruction is required in order for the pupil to benefit

26  from education. Determination of the existence of a specific learning

27  disability shall include documentation that a child does not make sufficient

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1   progress in meeting age or grade-level content standards when provided with

2   appropriate instruction and learning experiences delivered by qualified

3   personnel, including the child's response to scientific, research-based

4   interventions and additional information derived from an individual

5   evaluation. The term does not include a learning problem which is primarily

6   the result of:

7   1. A hearing impairment;

8   2. Visual, physical, mental, or emotional-behavioral disabilities;

9   3. Environmental, cultural, or economic differences; or

10  4. Limited English proficiency;

11  (g) "Emotional-behavioral disability" means a condition characterized by

12  behavioral excess or deficit which significantly interferes with a pupil's

13  interpersonal relationships or learning process to the extent that it adversely

14  affects educational performance so that specially designed instruction is

15  required in order for the pupil to benefit from education;

16  (h) "Multiple disability" means a combination of two (2) or more disabilities

17  resulting in significant learning, developmental, or behavioral and emotional

18  problems, which adversely affects educational performance and, therefore,

19  requires specially designed instruction in order for the pupil to benefit from

20  education. A pupil is not considered to have a multiple disability if the

21  adverse effect on educational performance is solely the result of deaf-

22  blindness or the result of speech or language disability and one (1) other

23  disabling condition;

24  (i) "Deaf-blind" means auditory and visual impairments, the combination of

25  which creates such severe communication and other developmental and

26  learning needs that the pupil cannot be appropriately educated in special

27  education programs designed solely for pupils with hearing impairments,

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1   visual impairments, or severe disabilities, unless supplementary assistance is

2   provided to address educational needs resulting from the two (2) disabilities;

3   (j) "Visually disabled" means a visual impairment, which, even with correction,

4   adversely affects educational performance to the extent that specially

5   designed instruction is required for the pupil to benefit from education. The

6   term includes both partially seeing and blind pupils;

7   (k) "Developmental delay" means a significant discrepancy between a child's

8   current level of performance in basic skills such as cognition, language or

9   communication, self-help, social-emotional, or fine or gross motor, and the

10  expected level of performance for that age. The term shall be used only with

11  children ages three (3) through eight (8);

12  (l) "Traumatic brain injury" means an acquired impairment to the neurological

13  system resulting from an insult to the brain which adversely affects

14  educational performance and causes temporary or permanent and partial or

15  complete loss of:

16  1. Cognitive functioning;

17  2. Physical ability; or

18  3. Communication or social-behavioral interaction.

19  The term does not include a brain injury that is congenital or degenerative, or

20  a brain injury induced by birth trauma;

21  (m) "Autism" means a developmental disability significantly affecting verbal and

22  nonverbal communication and social interaction, generally evident before age

23  three (3), that adversely affects educational performance. Characteristics of

24  autism include:

25  1. Engagement in repetitive activity and stereotyped movement;

26  2. Resistance to environmental change or change in daily routine; and

27  3. Unusual responses to sensory experience.

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1   The term does not include children with characteristics of an emotional-

2   behavioral disability; and

3   (n) "Gifted and talented student" means a pupil identified as possessing

4   demonstrated or potential ability to perform at an exceptionally high level in

5   general intellectual aptitude, specific academic aptitude, creative or divergent

6   thinking, psychosocial or leadership skills, or in the visual or performing

7   arts;[.

8 (2) "Special education" means specially designed instruction to meet the unique needs

9   of an exceptional child or youth.

10 (3) "Special educational facilities" means physical facilities designed or adapted to

11  meet the needs of exceptional children and youth, and approved according to

12  regulations promulgated by the Kentucky Board of Education.]

13 (4) "Related services" means transportation and the developmental, corrective, and

14  other supportive services required to assist an exceptional child or youth to benefit

15  from special education, and may include, but are not limited to, speech-language

16  pathology and audiology services; psychological services; physical and

17  occupational therapy; recreation, including therapeutic recreation; early

18  identification and assessment of disabilities; counseling services, including

19  rehabilitation counseling; orientation and mobility services; medical services for

20  diagnostic or evaluation purposes; school health services; social work services in

21  schools; and parent counseling and training;[.]

22 (5) "Special classes" means specially equipped and staffed classes in which an

23  exceptional child or youth, individually or in small groups, spends part of his or

24  her day receiving specially designed instruction or related services as determined

25  by the ARC;

26 (6) "Special education" means specially designed instruction to meet the unique

27  needs of an exceptional child or youth;

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1 (7) "Special educational facilities" means physical facilities designed or adapted to

2   meet the needs of exceptional children and youth, and approved according to

3   administrative regulations promulgated by the Kentucky Board of Education; and

4 (8)[(5)] "Transition services" means a coordinated set of activities for a pupil designed

5   within an outcome-oriented process, that promotes movement from school to

6   postschool activities. The term includes:

7   (a) Postsecondary education;

8   (b) Vocational training; and

9   (c) Integrated employment, including supported employment, continuing and

10  adult education, adult services, independent living, or community

11  participation.

12  The coordinated set of activities shall be based on the individual pupil's needs,

13  taking into account the pupil's preferences and interests, and shall include

14  instruction, community experience, the development of employment, and other

15  postschool adult living objectives, and, if appropriate, acquisition of daily living

16  skills and functional vocational evaluation.

17  Section 6. KRS 157.230 is amended to read as follows:

18 School boards of any school district subject to[ the provisions of] KRS 157.200 to

19 157.290[157.280], shall establish and maintain special educational programs for

20 exceptional children and youth who are residents of their school district, or contract for

21 programs as may be authorized by KRS 157.280.

22  Section 7. KRS 157.3175 is amended to read as follows:

23 (1) Each local school district shall ensure that a developmentally appropriate half-day

24  preschool education program is provided for each child who is at risk of educational

25  failure and who is four (4) years of age[:

26  (a) By October 1, for any year prior to 2017; or

27  (b) ] by August 1[, for 2017 or any year thereafter].

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1   All other four (4) year old children shall be served to the extent placements are

2   available. The Kentucky Board of Education, upon the recommendation of the chief

3   state school officer, shall adopt administrative regulations establishing the

4   guidelines for the program. Administrative regulations shall establish eligibility

5   criteria, program guidelines, and standards for personnel.

6 (2) "Developmentally appropriate preschool program" means a program which focuses

7   on the physical, intellectual, social, and emotional development of young children.

8   The preschool program shall help children with their interpersonal and socialization

9   skills.

10 (3) Funds appropriated by the General Assembly for the preschool education programs

11  shall be granted to local school districts according to a grant allotment system

12  approved by the Kentucky Board of Education. Children who are at risk shall be

13  identified based on the Federal School Lunch Program eligibility criteria for free

14  lunch. Appropriations shall be separate from all other funds appropriated to the

15  Department of Education and shall be administered in accordance with applicable

16  federal and state statutes and administrative regulations. Eligible local school

17  districts shall receive funds based on the average number of preschool children

18  being served on December 1 and March 1 of the prior academic year who are

19  appropriately identified as:

20  (a) Three (3) and four (4) years of age with disabilities; and

21  (b) Four (4) years of age identified as at risk of educational failure.

22  Local school districts may develop cooperative arrangements with other school

23  districts or organizations in accordance with KRS 157.280.

24 (4) A child shall be eligible for a free and appropriate preschool education and related

25  services if:

26  (a) 1. The child has been identified as a child with a disability in accordance

27                with the Individuals with Disabilities Education Act, 20 U.S.C.

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1   sec.[secs.] 1400 et seq.; or

2   2. The child has been identified in accordance with the definitions and

3   procedures for exceptional children and youth in accordance with KRS

4   157.200(3)[(1)](a) to (m); and

5   (b) The child is three (3) or four (4) years of age[:

6   1. By October 1, for any year before 2017; or

7   2. ] by August 1[, for 2017 or any year thereafter].

8 (5) The chief state school officer shall receive and review proposals from local school

9   districts for grants to operate or oversee the operation of developmentally

10  appropriate preschool education programs. Districts may submit proposals for

11  implementing new services, enhancing existing preschool education services, or

12  contracting for services. In designing a local early childhood education program,

13  each district shall work with existing preschool programs to avoid duplication of

14  programs and services, to avoid supplanting federal funds, and to maximize Head

15  Start funds in order to serve as many four (4) year old children as possible.

16 (6) Each program proposal shall include, at a minimum:

17  (a) A description of the process conducted by the district to ensure that the

18  parents or guardians of all eligible participants have been made aware of the

19  program and of their right to participate;

20  (b) A description of the planned educational programming and related services;

21  (c) The estimated number of children participating in the program;

22  (d) Strategies for involving children with disabilities;

23  (e) Estimated ratio of staff to children with the maximum being one (1) adult for

24  each ten (10) children;

25  (f) The estimated percentage of children participating in the program who are at

26  risk of educational failure;

27  (g) Information on the training and qualifications of program staff and

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1   documentation that the staff meet required standards;

2   (h) A budget and per-child expenditure estimate;

3   (i) A plan to facilitate active parental involvement in the preschool program,

4   including provisions for complementary parent education when appropriate;

5   (j) Facilities and equipment which are appropriate for young children;

6   (k) The days of the week and hours of a day during which the program shall

7   operate;

8   (l) A plan for coordinating the program with existing medical and social services,

9   including a child development and health screening component;

10  (m) Assurances that participants shall receive breakfast or lunch;

11  (n) Program sites which meet state and local licensure requirements;

12  (o) A plan for coordinating program philosophy and activities with the local

13  district's primary school program;

14  (p) An evaluation component; and

15  (q) Certification from the local Head Start director that the Head Start program is

16  fully utilized pursuant to subsection (4) of this section.

17 (7) If the superintendent and local Head Start director are unable to reach an agreement

18  on whether a Head Start program is fully utilized, the superintendent or local Head

19  Start director shall notify the chief state school officer. The local Head Start director

20  shall provide the chief state school officer all information relevant to the utilization

21  of the Head Start program. Within thirty (30) days of notification from the

22  superintendent or local Head Start director, the chief state school officer shall make

23  a determination of whether a Head Start program is fully utilized and may execute

24  the certification required by subsection (6)(q) of this section on behalf of the local

25  Head Start director.

26 (8) Programs shall reflect an equitable geographic distribution representative of all

27  areas of the Commonwealth.

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1   Section 8. KRS 159.990 is amended to read as follows:

2 (1) Any parent, guardian, or custodian who intentionally fails to comply with the

3   requirements of KRS 159.010 to 159.170, except as provided in subsection (5) of

4   this section, shall be fined one hundred dollars ($100) for the first offense, and two

5   hundred fifty dollars ($250) for the second offense. Each subsequent offense shall

6   be classified as a Class B misdemeanor. A new offense shall not be constituted until

7   any previous offense has been finally adjudicated. The court trying the case may

8   suspend enforcement of the fine if the child is immediately placed in attendance at a

9   school, and may finally remit the fine if the attendance continues regularly for the

10  full school term. School attendance may be proved by an attested certificate of the

11  principal or teacher in charge of the school.

12 (2) Any principal, teacher, director of pupil personnel, assistant director of pupil

13  personnel, or other school officer who intentionally fails to comply with the

14  provisions of KRS 159.010 to 159.250, or of KRS 160.330 shall be fined not less

15  than twenty-five dollars ($25) nor more than fifty dollars ($50). Upon conviction

16  under this subsection, a director of pupil personnel or assistant director of pupil

17  personnel shall be removed from office and have his certificate revoked, and a

18  principal, teacher, or other school officer may have his certificate revoked.

19 (3) Any person, other than those persons mentioned in subsections (1) and (2) of this

20  section, who fails to comply with any of the provisions of this chapter relating to

21  compulsory attendance, or who violates any of the provisions of KRS 159.130,

22  shall be fined not less than fifty dollars ($50) nor more than two hundred dollars

23  ($200), or imprisoned in the county jail for not more than sixty (60) days, or both.

24 (4) Any person who violates any of the provisions of KRS 159.270 shall be liable to a

25  fine of not less than fifty dollars ($50) and shall be liable to the punishment

26  prescribed by law for the crime of false swearing. If he is an officer, he shall be

27  removed from office; and if he is a director of pupil personnel, his certificate shall

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1   be revoked.

2 (5) Any of the following who intentionally fails to comply with the requirements of

3   KRS 159.150 shall be fined one hundred dollars ($100) for the first offense and two

4   hundred fifty dollars ($250) for each subsequent offense:

5   (a) A student enrolled in a public school who has attained the age of eighteen (18)

6   years, but who has not yet reached his or her twenty-first birthday, for whom a

7   guardian has not been appointed by a court of competent jurisdiction, whether

8   or not that student is identified as an exceptional child or youth under KRS

9   157.200(3)[(1)](a) to (m);

10  (b) A parent, guardian, or custodian of a student enrolled in a public school who

11  has not reached his or her eighteenth birthday; or

12  (c) A guardian appointed by a court of competent jurisdiction of a student who is

13  enrolled in a public school, has been identified as an exceptional child or

14  youth under KRS 157.200(3)[(1)](a) to (m), and has attained the age of

15  eighteen (18) years, but who has not yet reached his or her twenty-first

16  birthday.

17  Any person described in paragraph (a), (b), or (c) of this subsection shall be

18  informed by personnel of the local school district that a public school student who

19  has not reached his or her twenty-first birthday shall be subject to truancy laws.

20 (6) All fines imposed and all sums required to be paid as penalties under this section

21  shall, after payment of the costs of prosecution and recovery thereof, be paid into

22  the treasury of the district board of education and become a part of the school fund

23  of the district.

24  Section 9. KRS 156.029 is amended to read as follows:

25 (1) There is hereby established a Kentucky Board of Education, which shall consist of

26  eleven (11) voting members appointed by the Governor and confirmed by the

27  Senate of the General Assembly, with the president of the Council on

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1   Postsecondary Education and the secretary of the Education and Labor Cabinet

2   serving as ex officio nonvoting members, and an active public elementary or

3   secondary school teacher and a public high school student appointed by the board

4   as described in subsection (4)[(3)] of this section serving as nonvoting members.

5   Seven (7) voting members shall represent each of the Supreme Court districts as

6   established by KRS 21A.010, and four (4) voting members shall represent the state

7   at large. Each of the voting members shall serve for a four (4) year term, except the

8   initial appointments shall be as follows: the seven (7) members representing

9   Supreme Court districts shall serve a term which shall expire on April 14, 1994; and

10  the four (4) at-large members shall serve a term which shall expire on April 14,

11  1992. Subsequent appointments shall be submitted to the Senate for confirmation in

12  accordance with KRS 11.160.

13 (2) Appointments of the voting members shall be made without reference to

14  occupation. No voting member at the time of his or her appointment or during the

15  term of his or her service shall be engaged as a professional educator. Beginning

16  with voting members appointed on or after June 29, 2021, appointments to the

17  group of members representing Supreme Court districts and to the group of at-large

18  members, respectively, shall reflect equal representation of the two (2) sexes,

19  inasmuch as possible; reflect no less than proportional representation of the two (2)

20  leading political parties of the Commonwealth based on the state's voter registration

21  and the political affiliation of each appointee as of December 31 of the year

22  preceding the date of his or her appointment; and reflect the minority racial

23  composition of the Commonwealth based on the total minority racial population

24  using the most recent census or estimate data from the United States Census

25  Bureau. If the determination of proportional minority representation does not result

26  in a whole number of minority members, it shall be rounded up to the next whole

27  number. A particular political affiliation shall not be a prerequisite to appointment

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1   to the board generally; however, if any person is appointed to the board that does

2   not represent either of the two (2) leading political parties of the Commonwealth,

3   the proportional representation by political affiliation requirement shall be

4   determined and satisfied based on the total number of members on the board less

5   any members not affiliated with either of the two (2) leading political parties.

6   Pursuant to KRS 63.080, a member shall not be removed except for cause or,

7   beginning with voting members appointed on or after June 29, 2021, in accordance

8   with KRS 63.080(3). Notwithstanding KRS 12.028, the board shall not be subject to

9   reorganization by the Governor.

10 (3) Ex officio and other nonvoting members shall not be represented by proxy at any

11  meeting of the board.

12 (4) The nonvoting teacher and student members shall be selected by the board from the

13  state's seven (7) Supreme Court[six (6) congressional] districts on a rotating basis

14  from different districts. The public high school student shall be classified as a

15  sophomore[junior] at the time of appointment. The teacher and student members

16  shall serve for a one (1) year term[, except the initial appointments shall serve a

17  term which shall expire on April 14, 2022]. The board shall promulgate an

18  administrative regulation establishing the process for selecting the nonvoting

19  teacher and student members.

20 (5) A vacancy in the voting membership of the board shall be filled by the Governor

21  for the unexpired term with the consent of the Senate. In the event that the General

22  Assembly is not in session at the time of the appointment, the consent of the Senate

23  shall be obtained during the time the General Assembly next convenes.

24 (6) At the first regular meeting of the board in each fiscal year, a chairperson shall be

25  elected from its voting membership.

26 (7) The members shall be reimbursed for actual and necessary expenses incurred in the

27  performance of their duties.

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1 (8) The commissioner of education shall serve as the executive secretary to the board.

2 (9) The primary function of the board shall be to develop and adopt policies and

3   administrative regulations, with the advice of the Local Superintendents Advisory

4   Council, by which the Department of Education shall be governed in planning,

5   coordinating, administering, supervising, operating, and evaluating the educational

6   programs, services, and activities within the Department of Education which are

7   within the jurisdiction of the board.

8   Section 10. KRS 156.160 is amended to read as follows:

9 (1) With the advice of the Local Superintendents Advisory Council, the Kentucky

10  Board of Education shall promulgate administrative regulations establishing

11  standards which school districts shall meet in student, program, service, and

12  operational performance. These regulations shall comply with the expected

13  outcomes for students and schools set forth in KRS 158.6451. Administrative

14  regulations shall be promulgated for the following:

15  (a) Courses of study for the different grades and kinds of common schools

16  identifying the common curriculum content directly tied to the goals,

17  outcomes, and assessment strategies developed under KRS 158.645,

18  158.6451, and 158.6453 and distributed to local school districts and schools.

19  The administrative regulations shall provide that:

20  1. If a school offers American sign language, the course shall be accepted

21  as meeting the foreign language requirements in common schools

22  notwithstanding other provisions of law;

23  2. If a school offers the Reserve Officers Training Corps program, the

24  course shall be accepted as meeting the physical education requirement

25  for high school graduation notwithstanding other provisions of law;

26  3. Every public middle and high school's curriculum shall include

27  instruction on the Holocaust and other cases of genocide, as defined by

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1   the United Nations Convention on the Prevention and Punishment of the

2   Crime of Genocide, that a court of competent jurisdiction, whether a

3   court in the United States or the International Court of Justice, has

4   determined to have been committed by applying rigorous standards of

5   due process; and

6   4. Beginning in the 2025-2026 school year, cursive writing shall be

7   included as a course of study in all elementary schools and shall be

8   designed to ensure proficiency in cursive writing by the end of grade

9   five (5);

10  (b) Courses of study or educational experiences available to students in all middle

11  and high schools to fulfill the prerequisites for courses in advanced science

12  and mathematics as defined in KRS 158.845;

13  (c) The acquisition and use of educational equipment for the schools as

14  recommended by the Kentucky Department of Education[Council for

15  Education Technology];

16  (d) The minimum requirements for high school graduation in light of the

17  expected outcomes for students and schools set forth in KRS 158.6451. The

18  minimum requirements shall not include achieving any postsecondary

19  readiness indicator as described in KRS 158.6455 or any minimum score on a

20  statewide assessment administered under KRS 158.6453. Student scores from

21  any assessment administered under KRS 158.6453 that are determined by the

22  department's technical advisory committee to be valid and reliable at the

23  individual level shall be included on the student transcript. The department's

24  technical advisory committee shall submit its determination to the

25  commissioner of education and the Legislative Research Commission;

26  (e) The requirements for an alternative high school diploma for students with

27  disabilities whose individualized education program indicates that, in

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1   accordance with 20 U.S.C. sec. 1414(d)(1)(A):

2   1. The student cannot participate in the regular statewide assessment; and

3   2. An appropriate alternate assessment has been selected for the student

4   based upon a modified curriculum and an individualized course of

5   study;

6   (f) Taking and keeping a school census, and the forms, blanks, and software to be

7   used in taking and keeping the census and in compiling the required reports.

8   The board shall create a statewide student identification numbering system

9   based on students' Social Security numbers. The system shall provide a

10  student identification number similar to, but distinct from, the Social Security

11  number, for each student who does not have a Social Security number or

12  whose parents or guardians choose not to disclose the Social Security number

13  for the student;

14  (g) Sanitary and protective construction of public school buildings, toilets,

15  physical equipment of school grounds, school buildings, and classrooms. With

16  respect to physical standards of sanitary and protective construction for school

17  buildings, the Kentucky Board of Education shall adopt the Uniform State

18  Building Code;

19  (h) Medical inspection, physical and health education and recreation, and other

20  regulations necessary or advisable for the protection of the physical welfare

21  and safety of the public school children. The administrative regulations shall

22  set requirements for student health standards to be met by all students in

23  grades four (4), eight (8), and twelve (12) pursuant to the outcomes described

24  in KRS 158.6451. The administrative regulations shall permit a student who

25  received a physical examination no more than six (6) months prior to his or

26  her initial admission to Head Start to substitute that physical examination for

27  the physical examination required by the Kentucky Board of Education of all

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1   students upon initial admission to the public schools, if the physical

2   examination given in the Head Start program meets all the requirements of the

3   physical examinations prescribed by the Kentucky Board of Education;

4   (i) A vision examination by an optometrist or ophthalmologist that shall be

5   required by the Kentucky Board of Education. The administrative regulations

6   shall require evidence that a vision examination that meets the criteria

7   prescribed by the Kentucky Board of Education has been performed. This

8   evidence shall be submitted to the school no later than January 1 of the first

9   year that a three (3), four (4), five (5), or six (6) year-old child is enrolled in a

10  public school, public preschool, or Head Start program;

11  (j) 1. [Beginning with the 2010-2011 school year, ]A dental screening or

12  examination by a dentist, dental hygienist, physician, registered nurse,

13  advanced practice registered nurse, or physician assistant that shall be

14  required by the Kentucky Board of Education. The administrative

15  regulations shall require evidence that a dental screening or examination

16  that meets the criteria prescribed by the Kentucky Board of Education

17  has been performed. This evidence shall be submitted to the school no

18  later than January 1 of the first year that a five (5) or six (6) year-old

19  child is enrolled in a public school.

20  2. A child shall be referred to a licensed dentist if a dental screening or

21  examination performed by anyone other than a licensed dentist identifies

22  the possibility of dental disease;

23  (k) The transportation of children to and from school;

24  (l) The fixing of holidays on which schools may be closed and special days to be

25  observed, and the pay of teachers during absence because of sickness or

26  quarantine or when the schools are closed because of quarantine;

27  (m) The preparation of budgets and salary schedules for the several school

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1   districts under the management and control of the Kentucky Board of

2   Education;

3   (n) A uniform series of forms and blanks, educational and financial, including

4   forms of contracts, for use in the several school districts;

5   (o) The disposal of real and personal property owned by local boards of

6   education; and

7   (p) The development and implementation of procedures, for all students who are

8   homeless children and youths as defined in 42 U.S.C. sec. 11434a(2), to do

9   the following:

10  1. Awarding and accepting of credit, including partial credit, for all

11  coursework satisfactorily completed by a student while enrolled at

12  another school;

13  2. Allowing a student who was previously enrolled in a course required for

14  graduation the opportunity, to the extent practicable, to complete the

15  course, at no cost to the student, before the beginning of the next school

16  year;

17  3. Awarding a diploma, at the student's request, by a district from which

18  the student transferred, if the student transfers schools at any time after

19  the completion of the student's second year of high school and the

20  student is ineligible to graduate from the district to which the student

21  transfers, but meets the graduation requirements of the district from

22  which the student transferred; and

23  4. Exempting the student from all coursework and other requirements

24  imposed by the local board of education that are in addition to the

25  minimum requirements for high school graduation established by the

26  Kentucky Board of Education pursuant to paragraph (d) of this

27  subsection in the district to which the student transfers, if the student

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1   transfers schools at any time after the completion of the student's second

2   year of high school and the student is ineligible to graduate both from

3   the district to which the student transfers and the district from which the

4   student transferred.

5 (2) Any private, parochial, or church school may voluntarily comply with curriculum,

6   certification, and textbook standards established by the Kentucky Board of

7   Education and be certified upon application to the board by such schools.

8 (3) Any public school that violates the provisions of KRS 158.854 shall be subject to a

9   penalty to be assessed by the commissioner of education as follows:

10  (a) The first violation shall result in a fine of no less than one (1) week's revenue

11  from the sale of the competitive food;

12  (b) Subsequent violations shall result in a fine of no less than one (1) month's

13  revenue from the sale of the competitive food;

14  (c) "Habitual violations," which means five (5) or more violations within a six (6)

15  month period, shall result in a six (6) month ban on competitive food sales for

16  the violating school; and

17  (d) Revenue collected as a result of the fines in this subsection shall be

18  transferred to the food service fund of the local school district.

19  Section 11. KRS 156.670 is amended to read as follows:

20 (1) The Kentucky Department of Education[Council for Education Technology] shall

21  develop the master plan for education technology and submit the plan to the

22  Kentucky Board of Education and the Legislative Research Commission for

23  approval. Implementation of each stage of the master plan shall begin immediately

24  upon approval of the board and the Legislative Research Commission. The plan

25  shall outline the Commonwealth's five (5) year activities related to purchasing,

26  developing, and using technology to:

27  (a) Improve learning and teaching and the ability to meet individual students'

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1   needs to increase student achievement;

2   (b) Improve curriculum delivery to help meet the needs for educational equity

3   across the state;

4   (c) Improve delivery of professional development;

5   (d) Improve the efficiency and productivity of administrators; and

6   (e) Encourage development by the private sector and acquisition by districts of

7   technologies and applications appropriate for education.

8 (2) The five (5) year plan shall cover all aspects of education technology, including but

9   not limited to[,] its use in educational instruction and administration, video and

10  computer systems, software and hardware, multiple delivery systems for satellite,

11  microwave, cable, instructional television fixed service, fiber optic, and computer

12  connections products, the preparation of school buildings for technological

13  readiness, and the development of staff necessary to implement the plan.

14 (3) The five (5) year plan shall include specific recommendations to the Kentucky

15  Board of Education for the adoption of administrative regulations to establish and

16  implement a uniform and integrated system of standards and guidelines for

17  financial accounting and reporting which shall be used by all school districts.

18 (4) The integrated technology-based communications system shall provide

19  comprehensive, current, accurate, and accessible information relating to

20  management, finance, operations, instruction, and pupil programs which are under

21  the jurisdiction of the Department of Education.

22 (5) To facilitate communication among teachers, parents, students, and prospective

23  employers of students, and to provide access to many vital technological services,

24  the five (5) year plan shall include the installation of a telephone in each classroom.

25 (6) In designing and implementing the five (5) year plan, the department[council] shall

26  consider seeking the active participation of private organizations whose knowledge

27  and assistance will be useful.

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1 (7) [The council shall update as necessary the plan developed under subsection (2) of

2   this section and report to the Legislative Research Commission at the completion of

3   each implementation phase of the master plan.

4 (8) ]The department[council] shall submit its recommendations to the Kentucky Board

5   of Education, which shall accept the recommendations[,] or return them to the

6   department[council] along with suggestions for changes to make the

7   recommendations consistent with the policies of the Kentucky Board of Education.

8   Section 12. KRS 157.615 is amended to read as follows:

9 As used in KRS 157.611 to 157.640, unless the context requires otherwise:

10 (1) "Available local revenue" means the sum of the school building fund account

11  balance; the bonding potential of the capital outlay and building funds; and the

12  capital outlay fund account balance on June 30 of odd-numbered years. These

13  accounts shall be as defined in the manual for Kentucky school financial accounting

14  systems;

15 (2) "Board of education" means the governing body of a county school district or an

16  independent school district;

17 (3) "Bonds" or "bonds of the commission" means bonds issued by the commission, or

18  issued by a city, county, or other agency or instrumentality of the Board of

19  Education, in accordance with KRS Chapter 162, payable as to principal and

20  interest from rentals received from a board of education or from the department

21  pursuant to a lease or from contributions from the commission, and constitute

22  municipal bonds exempt from taxation under the Constitution of the

23  Commonwealth;

24 (4) "Department" means the State Department of Education;

25 (5) "District technology plan" means the plan developed by the local district and the

26  Department of Education and approved by the Kentucky Board of Education upon

27  the recommendation of the Kentucky Department of Education[Council for

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1   Education Technology];

2 (6) "Equivalent tax rate" means the rate which results when the income from all taxes

3   levied by the district for school purposes is divided by the total assessed value of

4   property plus the assessment for motor vehicles certified by the Department of

5   Revenue as provided by KRS 160.470;

6 (7) "Kentucky Education Technology System" means the statewide system set forth in

7   the technology master plan issued by the Kentucky Board of Education with the

8   recommendation of the Kentucky Department of Education[Council for Education

9   Technology] and approved by the Legislative Research Commission;

10 (8) "Lease" or "lease instrument" means a written instrument for the leasing of one (1)

11  or more school projects executed by the commission as lessor and a board of

12  education as lessee, or executed by the commission as lessor and the department as

13  lessee, as the case may be;

14 (9) "Lease/purchase agreement" means a lease between the school district or the

15  department and a vendor that includes an option to purchase the technology

16  equipment or software at the end of the lease period;

17 (10) "Percentage discount" means the degree to which the commission will participate in

18  meeting the bond and interest redemption schedule required to amortize bonds

19  issued by the commission on behalf of a local school district;

20 (11) "Project" means a defined item of need to construct new facilities or to provide

21  major renovation of existing facilities which is identified on the priority schedule of

22  the approved school facilities plan;

23 (12) "School facilities plan" means the plan developed pursuant to the survey specified

24  by KRS 157.420 and by administrative regulations of the Kentucky Board of

25  Education;

26 (13) "Technology master plan" means the long-range plan for the implementation of the

27  Kentucky Education Technology System as developed by the Kentucky

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1   Department of Education[Council for Education Technology] and approved by the

2   Kentucky Board of Education and the Legislative Research Commission;

3 (14) "Unmet facilities need" means the total cost of new construction and major

4   renovation needs as shown by the approved school facilities plan less any available

5   local revenue;

6 (15) "Unmet technology need" means the total cost of technology need as shown by the

7   approved technology plan of the local district; and

8 (16) "Eligible district" means any local school district having an unmet facilities need, as

9   defined in this section, in excess of one hundred thousand dollars ($100,000) or a

10  district qualifying for education technology funding.

11  Section 13. KRS 157.655 is amended to read as follows:

12 (1) To participate in the education technology funding program, a local public school

13  district shall have an unmet technology need described in its local district

14  technology plan and approved by the Kentucky Board of Education pursuant to its

15  technology master plan, and shall match equally the amount of funds offered by the

16  School Facilities Construction Commission for this purpose each biennium[, except

17  as provided in subsection (2) of this section. Technology approved for the Kentucky

18  Education Technology System and included in the local district technology plan,

19  which was acquired prior to April 3, 1992, and for which the district has an

20  outstanding financial obligation, shall qualify for commission funding. This

21  provision shall not apply to any purchases or contracts made between April 3, 1992,

22  and the first offers of assistance recommended by the Council for Education

23  Technology to the State Board for Elementary and Secondary Education].

24 (2) [For fiscal year 1992-93, funding shall be allotted to districts without an approved

25  plan upon the recommendation of the Council for Education Technology to the

26  State Board for Elementary and Secondary Education.

27 (3) ]If a local board of education determines that for any reason the district's approved

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1   technology plan is grossly inconsistent with the administrative regulations

2   governing the development of the plan, the local board may certify, by official

3   action, the reason for the inconsistency and may request that the Department of

4   Education reevaluate the technology plan of the district. After review of the data,

5   the chief state school officer may require a reevaluation and the approval of a new

6   technology plan certified prior to an official offer from the School Facilities

7   Construction Commission. If the chief state school officer elects to recommend the

8   new technology plan to the Kentucky Board of Education, the board shall notify the

9   School Facilities Construction Commission of any change required in the offer of

10  assistance for the district.

11  Section 14. KRS 156.802 is amended to read as follows:

12 (1) The Office of Career and Technical Education is hereby created within the

13  Department of Education. The office shall consist of those administrative bodies

14  and employees provided by or appointed by the commissioner of education

15  pursuant to KRS 156.010.

16 (2) The commissioner of education may appoint an assistant, pursuant to KRS 156.010,

17  and delegate authority to the assistant regarding the Office of Career and Technical

18  Education.

19 (3) The Department of Education shall have the responsibility for all administrative

20  functions of the state in relation to the management, control, and operation of:

21  (a) State-operated secondary area vocational education and technology centers.

22  When appropriate, the Department of Education shall provide education

23  training programs through contracts with private business and industries.

24  These programs may be on a shared cost basis or on a total cost recovery

25  basis; and

26  (b) The Carol Martin Gatton Kentucky FFA Leadership Training Center

27  located in Hardinsburg, Kentucky.

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1 (4) The commissioner of education shall have the authority to enter into agreements or

2   contracts with other government or education agencies, including local school

3   districts, in order to carry out services under the office's jurisdiction.

4 (5) (a) Secondary area vocational education and technology centers shall be operated

5   in compliance with program standards established by the Kentucky Board of

6   Education. Principals, counselors, and teaching staff shall meet the

7   qualifications and certification standards for all secondary vocational

8   personnel as established by the Education Professional Standards Board.

9   (b) The Kentucky Board of Education shall be the eligible agency solely

10  designated for the purpose of developing and approving state plans required

11  by state or federal laws and regulations as prerequisites to receiving federal

12  funds for vocational-technical or technology education. The Kentucky Board

13  of Education shall involve representatives from all eligible recipient

14  categories in the development of the required plans.

15  (c) In accordance with 20 U.S.C. sec. 2302(12), the Kentucky Board of Education

16  is hereby designated to be the "eligible agency" that is the sole state agency

17  responsible for the administration of vocational and technical education and

18  the supervision of the administration of vocational and technical education.

19 (6) (a) Except for the duties that the Kentucky Board of Education must retain

20  pursuant to 20 U.S.C. sec. 2341, the Kentucky Board of Education shall be

21  authorized to delegate all of the other duties and responsibilities of the eligible

22  agency to the Office of Career and Technical Education within the

23  Department of Education, including but not limited to the administration,

24  operation, and supervision of the Perkins program and the authority to

25  receive, hold, and disburse funds awarded under the state plan.

26  (b) The Kentucky Board of Education shall delegate to the Kentucky Workforce

27  Investment Board the state leadership activities referred to in 20 U.S.C. sec.

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1   2344 to be conducted in accordance with the required and permissible uses of

2   funds specified in the Carl D. Perkins Career and Technical Education Act of

3   2006 and subsequent amendments thereto. The maximum amount of funds

4   allowed by 20 U.S.C. sec. 2322(a)(2) shall be reserved and made available for

5   state leadership activities.

6 (7) The commissioner of education shall be permitted to enter into memorandums of

7   agreement with individuals on a year-to-year basis to fill positions in hard-to-find

8   teaching specialties. The agreements and compensation for hard-to-find teaching

9   specialties shall be approved by the commissioner of education and shall not be

10  subject to the provisions of KRS Chapter 45A. All agreements shall be filed with

11  the secretary of the Finance and Administration Cabinet.

12 (8) The commissioner of education shall, from time to time, prepare or cause to be

13  prepared any bulletins, programs, outlines of courses, placards, and courses of study

14  deemed useful in the promotion of the interests of technical and vocational

15  education.

16  Section 15. KRS 156.161 is amended to read as follows:

17 (1) The Kentucky Board of Education, upon the request of the local board of education

18  of a school district, may grant a waiver from the requirements of an administrative

19  regulation promulgated by the state board or from a statute over which the state

20  board has authority to enforce. A waiver granted by the state board shall expire on

21  June 30 of the third full school year after the request was first approved, regardless

22  of subsequent amendment, unless the state board renews the waiver prior to

23  expiration. However, a waiver related to school district facility projects that may

24  include the construction or renovation of school buildings or the acquisition or

25  disposition of property shall not expire unless the state board specifically provides

26  for expiration when granting the waiver. The state board shall not waive any

27  statute or administrative regulation:

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1   (a) Relating to health and safety, including required criminal background checks

2   for staff and volunteers specified in KRS 160.380 and 161.148;

3   (b) Relating to civil rights;

4   (c) Required by federal law;

5   (d) Relating to compulsory attendance requirements under KRS 158.030 and

6   158.100, or the recording of data necessary for participation in the fund to

7   support education excellence in Kentucky;

8   (e) Establishing certification requirements for teachers in core academic areas,

9   except a waiver may authorize up to twenty-five percent (25%) of the

10  teaching staff of a school may be employed without teacher certification if the

11  individual possesses a baccalaureate or graduate degree in the subject the

12  individual is hired to teach;

13  (f) Requiring students' participation in state assessment of student performance as

14  required under KRS 158.6453;

15  (g) Financial audits, audit procedures, and audit requirements under KRS

16  156.265;

17  (h) Open records and open meeting requirements under KRS Chapter 61;

18  (i) Purchasing requirements and limitations under KRS Chapter 45A and KRS

19  156.074 and 156.480; or

20  (j) Requiring instructional time that is at least equivalent to the student

21  instructional year specified in KRS 158.070.

22 (2) A waiver request under subsection (1) of this section shall:

23  (a) Identify the specific statutes and administrative regulations for which the local

24  board is seeking a waiver;

25  (b) Specify the schools or programs within the district to which the waiver shall

26  apply;

27  (c) Explain how the waiver for the schools or programs of each specific statute or

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1   administrative regulation will improve operations or student academic

2   achievement; and

3   (d) Include any evidence the district wishes to submit to support the request.

4 (3) Upon the majority vote of a local board approving a waiver request, the

5   superintendent of the district shall submit the waiver request to the state board. The

6   state board shall consider the waiver of each statute or administrative regulation

7   included in the request at a[the next] regularly scheduled meeting occurring no

8   later than thirty (30) calendar days after submission and shall either approve or

9   deny the request. In considering approval for each statute or administrative

10  regulation identified in a waiver request, the state board shall grant the request if it

11  demonstrates that the waiver is more likely than not:

12  (a) To improve that school's or program's operation without hindering student

13  academic achievement; or

14  (b) To improve student academic achievement at that school or program.

15 (4) In submitting a waiver request under subsection (3) of this section, a local board

16  may seek to identify the school or program that is the subject of the request as a

17  school of innovation. In addition to any other waivers granted for the school or

18  program, a school of innovation shall be granted a waiver from all statutes and

19  administrative regulations that would prevent the district from entering into an

20  agreement with an education service provider to assist in the management and

21  operation of the school or program. The state board shall approve the school of

22  innovation request if the request demonstrates that identification as a school of

23  innovation is more likely than not to improve either that school's or program's

24  operation or student academic achievement.

25 (5) A local board whose request to waive a statute or administrative regulation under

26  subsection (3) or (4) of this section was denied may amend the original request for

27  reconsideration at the state board's next regularly scheduled meeting. A local board

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1   may request assistance from the Kentucky Department of Education in the

2   development of the local board's waiver request or an amendment.

3 (6) A local board may seek to amend a previously approved waiver request by

4   submitting the amendment for approval by the state board under the same

5   procedures as the original request.

6 (7) A local board that is granted a waiver under subsection (3) or (4) of this section

7   may submit a request to renew the waiver to the state board. A renewal request shall

8   be submitted no earlier than six (6) months prior to that waiver's expiration. The

9   renewal request shall include evidence of the operational improvement of the

10  school or program that is subject to the waiver, the academic achievement of the

11  students enrolled in the schools or program, comparisons of those students with

12  similar students across the state, and any other evidence of the waiver's benefit to

13  student academic achievement. If the state board finds that the waiver has had a

14  positive impact on the school's or program's operation or the academic achievement

15  of students, then the renewal request shall be approved. An approved renewal

16  request shall extend the waiver for an additional three (3) school years. A waiver

17  related to school district facility projects, as identified in subsection (1) of this

18  section, shall not expire unless the state board specifically provides for expiration

19  when granting the waiver.

20 (8) Any school that is subject to a waiver shall admit any and all children eligible to

21  attend the school subject to the local board's policies.

22 (9) If the state board at any time finds by a two-thirds (2/3) majority vote that a specific

23  waiver previously granted has hindered school or program operations, endangered

24  students, impeded student academic achievement, or supported financial

25  malfeasance or criminal activity, then the waiver shall be rescinded. The existence

26  of a waiver shall not negate the legal duties or professional responsibilities of a

27  district employee.

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1 (10) The state board shall promulgate administrative regulations in accordance with

2   KRS Chapter 13A to adopt a standardized waiver request form and establish any

3   procedures for processing waiver requests in compliance with this section.

4   Section 16. KRS 157.360 is amended to read as follows:

5 (1) (a) In determining the cost of the program to support education excellence in

6   Kentucky, the statewide guaranteed base funding level, as defined in KRS

7   157.320, shall be computed by dividing the amount appropriated for this

8   purpose by the prior year's statewide average daily attendance.

9   (b) When determining the biennial appropriations for the program, the average

10  daily attendance for each fiscal year shall include an estimate of the number

11  of students graduating early under the provisions of KRS 158.142.

12 (2) Each district shall receive an amount equal to the base funding level for each pupil

13  in average daily attendance in the district in the previous year, except a district shall

14  receive an amount equal to one-half (1/2) of the state portion of the average

15  statewide per pupil guaranteed base funding level for each student who graduated

16  early under the provisions of KRS 158.142. Each district's base funding level shall

17  be adjusted by the following factors:

18  (a) The number of at-risk students in the district. At-risk students shall be

19  identified as those approved for the free lunch program under state and federal

20  guidelines. The number of at-risk students shall be multiplied by a factor to be

21  established by the General Assembly. Funds generated under this paragraph

22  may be used to pay for:

23  1. Alternative programs for students who are at risk of dropping out of

24  school before achieving a diploma; and

25  2. A hazardous duty pay supplement as determined by the local board of

26  education to the teachers who work in alternative programs with

27  students who are violent or assaultive;

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1   (b) The number and types of exceptional children in the district as defined by

2   KRS 157.200. Specific weights for each category of exceptionality shall be

3   used in the calculation of the add-on factor for exceptional children; and

4   (c) Transportation costs. The per-pupil cost of transportation shall be calculated

5   as provided by KRS 157.370. Districts which contract to furnish

6   transportation to students attending nonpublic schools may adopt any payment

7   formula which ensures that no public school funds are used for the

8   transportation of nonpublic students.

9 (3) Beginning with the 2015-2016 school year and each year thereafter, the General

10  Assembly shall annually allocate funds equal to one-half (1/2) of the state portion

11  of the average statewide per pupil guaranteed base funding level for each student

12  who graduated early under the provisions of KRS 158.142 the previous school year

13  to the Kentucky Higher Education Assistance Authority for deposit in the early

14  graduation scholarship trust fund.

15 (4) The program to support education excellence in Kentucky shall be fully

16  implemented by the 1994-95 school year.

17 (5) (a) Except for those schools which have implemented school-based decision

18  making, the commissioner of education shall enforce maximum class sizes for

19  every academic course requirement in all grades except in vocal and

20  instrumental music, and physical education classes. Except as provided in

21  subsection (6) of this section, the maximum number of pupils enrolled in a

22  class shall be as follows:

23  1. Twenty-four (24) in primary grades (kindergarten through third grade);

24  2. Twenty-eight (28) in grade four (4);

25  3. Twenty-nine (29) in grades five (5) and six (6);

26  4. Thirty-one (31) in grades seven (7) to twelve (12).

27  (b) Except for those schools which have implemented school-based decision

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1   making, class size loads for middle and secondary school:

2   1. Classroom teachers shall not exceed the equivalent of one hundred fifty

3   (150) pupil hours per day; and

4   2. Virtual program teachers shall not exceed the equivalent of three

5   hundred (300) pupil hours per day.

6   (c) The commissioner of education, upon approval of the Kentucky Board of

7   Education, shall adopt administrative regulations for enforcing this provision.

8   These administrative regulations shall include procedures for a superintendent

9   to request a temporary[an] exemption from the Kentucky Department[Board]

10  of Education when unusual circumstances warrant an increased class size for

11  an individual class. A request for a temporary[an] exemption shall include

12  specific reasons for the increased class size with a plan for reducing the class

13  size prior to the beginning of the next school year. The Kentucky Board of

14  Education shall review all temporary exemptions within forty-five (45)

15  business days, and shall revoke the temporary exemption or approve an

16  exemption for the remainder of the school year. A district shall not receive[

17  in] any temporary or state board-approved[one (1) year] exemptions for more

18  classes than enroll twenty percent (20%) of the pupils in the primary grades

19  and grades four (4) through eight (8).

20  (d) In all schools the commissioner of education shall enforce the special

21  education maximum class sizes set by administrative regulations adopted by

22  the Kentucky Board of Education. A superintendent or school-based decision

23  making council may request an exemption pursuant to paragraph (c) of this

24  subsection.[ A local school council may request a waiver relating to maximum

25  class size pursuant to KRS 156.161 in the same manner as a local board of

26  education.] An exemption[ or waiver] shall not be granted if the increased

27  class size will impede any exceptional child from achieving his or her

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1   individual education program in the least restrictive environment.

2 (6) In grades four (4) through six (6) with combined grades, the maximum class size

3   shall be the average daily attendance upon which funding is appropriated for the

4   lowest assigned grade in the class. There shall be no exceptions to the maximum

5   class size for combined classes. In combined classes other than the primary grades,

6   no ungraded students shall be placed in a combined class with graded students. In

7   addition, there shall be no more than two (2) consecutive grade levels combined in

8   any one (1) class in grades four (4) through six (6). However, this shall not apply to

9   schools which have implemented school-based decision making.

10 (7) If a local school district, through its admission and release committee, determines

11  that an appropriate program in the least restrictive environment for a particular child

12  with a disability includes either part-time or full-time enrollment with a private

13  school or agency within the state or a public or private agency in another state, the

14  school district shall count as average daily attendance in a public school the time

15  that the child is in attendance at the school or agency, contingent upon approval by

16  the commissioner of education.

17 (8) Pupils attending a center for child learning and study established under an

18  agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose of calculating

19  average daily attendance, be considered as in attendance in the school district in

20  which the child legally resides and which is party to the agreement. For purposes of

21  subsection (1) of this section, teachers who are actually employees of the joint or

22  cooperative action shall be considered as employees of each school district which is

23  a party to the agreement.

24 (9) Program funding shall be increased when the average daily attendance in any

25  district for the first two (2) months of the current school year is greater than the

26  average daily attendance of the district for the first two (2) months of the previous

27  school year. The program funds allotted the district shall be increased by the

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1   percent of increase. The average daily attendance in kindergarten is the

2   kindergarten full-time equivalent pupils in average daily attendance.

3 (10) If the average daily attendance for the current school year in any district decreases

4   by ten percent (10%) or more than the average daily attendance for the previous

5   school year, the average daily attendance for purposes of calculating program

6   funding for the next school year shall be increased by an amount equal to two-thirds

7   (2/3) of the decrease in average daily attendance. If the average daily attendance

8   remains the same or decreases in the succeeding school year, the average daily

9   attendance for purposes of calculating program funding for the following school

10  year shall be increased by an amount equal to one-third (1/3) of the decrease for the

11  first year of the decline.

12 (11) If the percentage of attendance of any school district shall have been reduced more

13  than two percent (2%) during the previous school year, the program funding

14  allotted the district for the current school year shall be increased by the difference in

15  the percentage of attendance for the two (2) years immediately prior to the current

16  school year less two percent (2%).

17 (12) (a) Instructional salaries for vocational agriculture classes shall be for twelve (12)

18  months per year. Vocational agriculture teachers shall be responsible for the

19  following program of instruction during the time period beyond the regular

20  school term established by the local board of education: supervision and

21  instruction of students in agriculture experience programs; group and

22  individual instruction of farmers and agribusinessmen; supervision of student

23  members of agricultural organizations who are involved in leadership training

24  or other activity required by state or federal law; or any program of vocational

25  agriculture established by the Department of Education. During extended

26  employment, no vocational agriculture teacher shall receive salary on a day

27  that the teacher is scheduled to attend an institution of higher education class

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1   which could be credited toward meeting any certification requirement.

2   (b) Each teacher of agriculture employed shall submit an annual plan for summer

3   program to the local school superintendent for approval. The summer plan

4   shall include a list of tasks to be performed, purposes for each task, and time

5   to be spent on each task. Approval by the local school superintendent shall be

6   in compliance with the guidelines developed by the Department of Education.

7   The supervision and accountability of teachers of vocational agriculture's

8   summer programs shall be the responsibility of the local school

9   superintendent. The local school superintendent shall submit to the

10  commissioner of education a completed report of summer tasks for each

11  vocational agriculture teacher. Twenty percent (20%) of the approved

12  vocational agriculture programs shall be audited annually by the State

13  Department of Education to determine that the summer plan has been properly

14  executed.

15 (13) (a) In allotting program funds for home and hospital instruction, statewide

16  guaranteed base funding, excluding the capital outlay, shall be allotted for

17  each child in average daily attendance in the prior school year who has been

18  properly identified according to Kentucky Board of Education administrative

19  regulations. Attendance shall be calculated pursuant to KRS 157.270 and shall

20  be reported monthly on forms provided by the Department of Education; and

21  (b) Pursuant to administrative regulations of the Kentucky Board of Education,

22  local school districts shall be reimbursed for home and hospital instruction for

23  pupils unable to attend regular school sessions because of short-term health

24  impairments. A reimbursement formula shall be established by administrative

25  regulations to include such factors as a reasonable per hour, per child

26  allotment for teacher instructional time, with a maximum number of funded

27  hours per week, a reasonable allotment for teaching supplies and equipment,

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1   and a reasonable allotment for travel expenses to and from instructional

2   assignments, but the formula shall not include an allotment for capital outlay.

3   Attendance shall be calculated pursuant to KRS 157.270 and shall be reported

4   annually on forms provided by the Department of Education.

5 (14) Except for those schools which have implemented school-based decision making

6   and the school council has voted to waive this subsection and for virtual programs,

7   kindergarten aides shall be provided for each twenty-four (24) full-time equivalent

8   kindergarten students enrolled.

9 (15) Effective July 1, 2001, there shall be no deduction applied against the base funding

10  level for any pupil in average daily attendance who spends a portion of his or her

11  school day in a program at a state-operated career and technical education or

12  vocational facility.

13 (16) During a fiscal year, a school district may request that the Department of Education

14  recalculate its funds allocated under this section if the current year average daily

15  attendance for the twenty (20) day school month as defined in KRS 158.060(2) that

16  contains the most days within the calendar month of January exceeds the prior year

17  adjusted average daily attendance plus growth by at least one percent (1%). Any

18  adjustments in the allotments approved under this subsection shall be proportional

19  to the remaining days in the school year and subject to available funds under the

20  program to support education excellence in Kentucky.

21 (17) To calculate the state portion of the program to support education excellence in

22  Kentucky for a school district, the Department of Education shall subtract the local

23  effort required under KRS 157.390(5) from the calculated base funding under the

24  program to support education excellence in Kentucky, as required by this section.

25  The value of the real estate used in this calculation shall be the lesser of the current

26  year assessment or the prior year assessment increased by four percent (4%) plus

27  the value of current year new property. The calculation under this subsection shall

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1   be subject to available funds.

2 (18) Notwithstanding any other statute or budget of the Commonwealth language to the

3   contrary, time missed due to shortening days for emergencies may be made up by

4   lengthening school days in the school calendar without any loss of funds under the

5   program to support education excellence in Kentucky.

6   Section 17. KRS 160.180 is amended to read as follows:

7 (1) As used in this section, "relative" means father, mother, brother, sister, husband,

8   wife, son, and daughter.

9 (2) A person shall only be eligible for membership on a board of education if the

10  person:

11  (a) Has attained the age of twenty-four (24) years;

12  (b) Has been a citizen of Kentucky for at least three (3) years preceding the

13  election and is a voter of the district for which he or she is elected;

14  (c) Has completed at least the twelfth grade or has been issued a High School

15  Equivalency Diploma, as evidenced by:

16  1. An affidavit signed under penalty of perjury certifying completion of the

17           twelfth grade or the equivalent that has been filed with the nominating

18           petition required by KRS 118.315; or

19  2. A transcript evidencing completion of the twelfth grade or the results of

20           a twelfth grade equivalency examination that has been filed with the

21           nominating petition required by KRS 118.315;

22  (d) Does not hold any elective federal, state, county, or city office;

23  (e) Is not, at the time of his or her election, directly or indirectly interested in the

24  sale to the board of books, stationery, or any other property, materials,

25  supplies, equipment, or services for which school funds are expended;

26  (f) Has not been removed from membership on a board of education for cause;

27  and

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1   (g) Does not have a relative employed by the school district, in the case of a

2   person elected after July 13, 1990. This shall not apply to a board member

3   holding office on July 13, 1990, whose relative was not initially hired by the

4   district during the tenure of the board member.

5 (3) (a) A member of a board of education shall be subject to removal from office

6   pursuant to KRS 415.050 and 415.060 if, after the election the member:

7   1. Becomes interested in any contract with or claims against the board, of

8   the kind mentioned in subsection (2)(e) of this section;

9   2. Moves his or her residence from the division for which he or she was

10  chosen;

11  3. Attempts to influence the employment of any school employee, except

12  the superintendent or school board attorney;

13  4. Is convicted of a felony;

14  5. Performs acts of malfeasance in performance of duties prescribed by

15  law;

16  6. Willfully misuses, converts, or misappropriates public property or funds;

17  or

18  7. Does anything that would render the member ineligible for reelection.

19  (b) In accordance with KRS 7.410, the Office of Education Accountability shall

20  have the duty and responsibility to investigate current local board of education

21  members for allegations of conduct prohibited by paragraph (a) of this

22  subsection. After review and investigation, the Office of Education

23  Accountability shall refer appropriate matters to the Attorney General.

24 (4) A member of a board of education shall be eligible for reelection unless he or she

25  becomes disqualified.

26 (5) (a) The annual in-service training requirements for all members of boards of

27  education in office as of December 31, 2014, shall be as follows:

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1   1.[(a)] Twelve (12) hours for members with zero to three (3) years of

2   experience;

3   2.[(b)] Eight (8) hours for members with four (4) to seven (7) years of

4   experience; and

5   3.[(c)] Four (4) hours for members with eight (8) or more years of

6   experience.

7   (b) The in-service training requirements of this subsection shall include a

8   minimum of:

9   1. One (1) hour of ethics training every year;

10  2. One (1) hour of open meetings and open records training every four

11  (4) years; and

12  3. Two (2) hours of finance training every two (2) years.[

13  The Kentucky Board of Education shall identify the criteria for fulfilling this

14  requirement.]

15 (6) [(a) ]For all members of boards of education who begin their initial service on or

16  after January 1, 2015, the in-service training requirements shall be:

17  (a)[1.] Twelve (12) hours for members with zero to eight (8) years of

18  experience each year, which shall include a minimum of:

19  1.[a.] One (1) hour of ethics training each year;[ and]

20  2.[b.] One (1) hour of open meetings and open records training within the first

21  twelve (12) months of initial service and at least once every four (4)

22  years thereafter;[ and ]

23  3. Three (3) hours of finance training within the first two (2) years of

24  initial service, and two (2) hours of finance training at least once every

25  two (2) years thereafter; and

26  4. One (1) hour of superintendent evaluation within the first two (2)

27  years of service; and

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1   (b)[2.] Eight (8) hours for members with more than eight (8) years of

2   experience each year, which shall include a minimum of:

3   1.[a.] One (1) hour of ethics training each year;[ and]

4   2.[b.] One (1) hour of open meetings and open records training at least once

5   every four (4) years; and

6   3. Two (2) hours of finance training at least once every two (2) years.

7 (7) The Kentucky Board of Education shall identify the criteria for fulfilling the

8   requirements of subsections (5) and (6) of this section.[

9   (b) Training topics for members under this subsection with less than two (2) years

10  of consecutive service shall include three (3) hours of finance and one (1)

11  hour of superintendent evaluation within the first two (2) years of service. The

12  Kentucky Board of Education shall identify criteria for fulfilling this

13  requirement.]

14  Section 18. KRS 160.160 is amended to read as follows:

15 (1) Each school district shall be under the management and control of a board of

16  education consisting of five (5) members, except in counties containing a city of the

17  first class wherein a merger pursuant to KRS 160.041 shall have been accomplished

18  which shall have seven (7) members elected from the divisions and in the manner

19  prescribed by KRS 160.210(5), to be known as the "Board of Education of ....,

20  Kentucky." Each board of education shall be a body politic and corporate with

21  perpetual succession. It may sue and be sued; make contracts; expend funds

22  necessary for liability insurance premiums and for the defense of any civil action

23  brought against an individual board member in his official or individual capacity, or

24  both, on account of an act made in the scope and course of his performance of legal

25  duties as a board member; purchase, receive, hold, and sell property; issue its bonds

26  to build and construct improvements; and do all things necessary to accomplish the

27  purposes for which it is created. Each board of education shall elect a

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1   chair[chairman] and vice chair[chairman] from its membership in a manner and for

2   a term prescribed by the board not to exceed two (2) years. Upon the election of a

3   chair and vice chair, each board of education shall review, with the

4   superintendent and the school finance officer, the specific procedures and

5   responsibilities of the board and district employees relating to the district budget.

6   The review shall not count toward the annual in-service training requirements

7   established in Section 17 of this Act.

8 (2) No board of education shall participate in any financing of school buildings, school

9   improvements, appurtenances thereto, or furnishing and equipment, including

10  education technology equipment without:

11  (a) First establishing the cost of the project in advance of financing, based on the

12  receipt of advertised, public, and competitive bids for such project, in

13  accordance with KRS Chapter 424; and

14  (b) Establishing the cost of financing in advance of the sale of any bonds,

15  certificates of participation in any leases, or other evidences of financial

16  commitments issued by or on behalf of such board. Any bonds, leases,

17  participations, or other financial arrangements shall not involve a final

18  commitment of the board until the purchaser or lender involved shall have

19  been determined by public advertising in accordance with KRS Chapter 424.

20 (3) No board of education shall make a mortgage, lien, or other encumbrance upon any

21  school building owned by the board, or transfer title to any such school building as

22  part of any financing arrangement, without the specific approval of the Department

23  of Education, and without the transaction being entered into pursuant to a detailed

24  plan or procedure specifically authorized by Kentucky statute.

25 (4) Without the approval of the Department of Education, no board may lease, as

26  lessee, a building or public facility that has been or is to be financed at the request

27  of the board or on its behalf through the issuance of bonds by another public body

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1   or by a nonprofit corporation serving as an agency and instrumentality of the board,

2   or by a leasing corporation. Any lease, participation, or other financial arrangement

3   shall not involve a final commitment of the board unless and until the purchaser or

4   lender involved in same shall have been determined by public advertising in

5   accordance with KRS Chapter 424. No transaction shall be entered into by the

6   board except upon the basis of public advertising and competitive bidding in

7   accordance with KRS Chapter 424.

8 (5) A school district may issue general obligation bonds in accordance with KRS

9   Chapter 66.

10 (6) Rental payments due by a board under a lease approved by the Department of

11  Education in accordance with subsection (4) of this section, and debt service

12  payments under a general obligation bond issued in accordance with this section,

13  shall be due and payable not less than ten (10) days prior to the interest due date for

14  the bonds, notes, or other debt obligations issued to finance the building or public

15  facility. If a board fails to make a rental payment when due under a lease or a debt

16  service payment when due for a general obligation bond issue, upon notification to

17  the Department of Education by the paying agent, bond registrar, or trustee for the

18  bonds not less than three (3) days prior to the interest due date, the Department of

19  Education shall withhold or intercept any funds then due the board to the extent of

20  the amount of the required payment on the bonds and remit the amount to the

21  paying agent, bond registrar, or trustee as appropriate. Thereafter, the Department

22  of Education shall resolve the matter with the board and adjust remittances to the

23  board to the extent of the amount paid by the Department of Education on the

24  board's behalf.

25 (7) Bonds, notes, or leases negotiated to provide education technology shall not be sold

26  for longer than seven (7) years or the useful life of the equipment as established by

27  the state technology master plan, whichever is less.

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1 (8) Notwithstanding any requirements of public advertising, competitive bidding, or

2   approval by the Department of Education, or any administrative regulation

3   promulgated pursuant to KRS 156.160(1)(o), a local board may authorize the

4   transfer or sale of the district's real or personal property to another governmental or

5   quasi-governmental agency in exchange for money or a similar type of property that

6   equals or exceeds the fair market value of the district property as determined by an

7   independent appraisal conducted by:

8   (a) An individual or organization not affiliated with the district or its officers or

9   employees, using a generally accepted national or professional standard; or

10  (b) A district's officers or employees using a nationally published valuation of

11  property based on the most recent edition of the publication.

12  Section 19. KRS 156.808 is amended to read as follows:

13 (1) The Kentucky Board of Education shall promulgate, by administrative regulations,

14  personnel policies and procedures for all full-time and part-time unclassified

15  employees, certified and equivalent staff, including administrative, teaching, and

16  supervisory staff in the Office of Career and Technical Education central office and

17  state-operated vocational facilities. All other staff shall remain under the authority

18  of the Kentucky Personnel Cabinet and KRS Chapter 18A. Employees who transfer

19  to or from the KRS Chapter 18A personnel system shall transfer accrued annual,

20  compensatory, and sick leave.

21 (2) As provided in KRS 156.800 to 156.860, the Kentucky Board of Education shall

22  promulgate administrative regulations for the administration of a personnel system

23  in the Office of Career and Technical Education which are consistent with the

24  provisions of KRS 156.800 to 156.860 and with federal standards for state

25  government agencies receiving federal grants.

26 (3) The Kentucky Board of Education shall promulgate administrative regulations for

27  full-time and part-time certified and equivalent staff governing:

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1   (a) Establishment and abolishment of positions, including a prohibition against

2   eliminating funding for or abolishment of a teaching position at a state-

3   operated secondary area vocational education and technology center during a

4   school year in which students are enrolled in the program;

5   (b) Applications;

6   (c) Classification and compensation plans;

7   (d) Incentive programs;

8   (e) Selection of employees;

9   (f) Types of appointments;

10  (g) Attendance, including hours of work, compensatory time, and annual, court,

11  military, sick, maternity, voting, and special leaves of absence;

12  (h) Preparation, maintenance, and revision of a position classification plan and an

13  equitable salary schedule for certified and equivalent staff based on

14  qualifications, experience, and responsibilities;

15  (i) Extent and duration of the state-operated area vocational education and

16  technology centers' school term, use of school days, and extended

17  employment;

18  (j) Employee evaluations;

19  (k) Programs to improve the work effectiveness of employees including staff

20  development;

21  (l) Demotion;

22  (m) Dismissal;

23  (n) Lay-offs;

24  (o) Suspensions and other disciplinary measures;

25  (p) Probationary periods, limited employment status, and continuing employment

26  status;

27  (q) Promotion;

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1   (r) Transfer;

2   (s) Appeals; and

3   (t) Employee grievances and complaints.

4 (4) (a) Administrative regulations promulgated by the Kentucky Board of Education

5   shall comply with the provisions of KRS 156.800 to 156.860 and KRS

6   Chapter 13A and shall have the force and effect of law.

7   (b) Administrative regulations promulgated by the Kentucky Board of Education

8   shall not expand or restrict rights granted to, or duties imposed upon,

9   employees and administrative bodies by the provisions of KRS 156.800 to

10  156.860.

11  (c) No administrative body other than the Kentucky Board of Education shall

12  promulgate administrative regulations governing the subject matters specified

13  in this section.

14  (d) Policies and procedures for the implementation of administrative regulations

15  shall be developed by the Department of Education.

16 (5) The commissioner of education shall be the appointing authority with respect to all

17  personnel actions for the Office of Career and Technical Education. The

18  commissioner may authorize a designee to act on behalf of the agency with respect

19  to employee appointments, position establishments, payroll documents,

20  reemployment lists, waiver requests, or other position actions. Any personnel

21  designation shall be in writing. Authority to employ personnel may be delegated to

22  the vocational school management by the commissioner. Any recommendation for

23  employment from the local level shall be based on guidelines promulgated by the

24  commissioner of education and shall be contingent upon confirmation by the

25  commissioner of education.

26 (6) The Kentucky Board of Education shall promulgate other administrative regulations

27  to govern proceedings which relate to certified and equivalent employees and which

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1   shall provide for:

2   (a) The procedures to be utilized by the Kentucky Technical Education Personnel

3   Board in the conduct of hearings, consistent with KRS Chapter 13B;

4   (b) Discharge, as provided by this section;

5   (c) Imposition, as a disciplinary measure, of a suspension from service without

6   pay for up to thirty (30) working days and, in accordance with the provisions

7   of KRS 156.820, for the manner of notification of the employee of the

8   discipline and right of appeal;

9   (d) Promotions which shall give appropriate consideration to the applicant's

10  qualifications, record of performance, and conduct;

11  (e) Supplementary information for the salary schedule for certified and equivalent

12  staff including teachers, counselors, administrators, managers, and

13  educational consultants in state-operated vocational technical facilities, field

14  offices, and central office in the Office of Career and Technical Education

15  that shall provide uniformity, recognition of education, teaching, and

16  supervisory experience and use as a base the average salary paid to beginning

17  classroom teachers by all public schools in the state for personnel with

18  comparable qualifications and experience. Indexes may be incorporated in the

19  compensation plan for administrative responsibilities. The salary schedule

20  shall be computed annually, and shall be submitted to and approved by the

21  Governor;

22  (f) Reemployment of laid-off employees in accordance with the provisions of

23  KRS 156.800 to 156.860;

24  (g) Establishment of a plan for resolving employee grievances and complaints.

25  The plan shall not restrict rights granted employees by the provisions of KRS

26  156.800 to 156.860; and

27  (h) Any other administrative regulations not inconsistent with this chapter and

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1   KRS Chapter 13A proper and necessary for its enforcement.

2 (7) The Department of Education shall make investigations, either on petition of a

3   citizen, taxpayer, interested party, or as deemed necessary by the commissioner,

4   concerning the enforcement and effect of KRS 156.808, 156.810, 156.812, 156.814,

5   156.816, 156.818, 156.820, 156.822, 156.824, 156.826, 156.828, 156.830, 156.832,

6   156.834, 156.836 , and 156.838, shall require observance of the provisions and the

7   administrative regulations promulgated pursuant to the provisions of KRS 156.800

8   to 156.860 and KRS Chapter 13A, and shall make investigation as requested by the

9   General Assembly or the Governor and to report thereon.

10 (8) The Kentucky Board of Education shall promulgate administrative regulations,

11  pursuant to KRS Chapter 13A, for an appeal system for aggrieved certified or

12  equivalent employees.

13 (9) The Kentucky Technical Education Personnel Board shall hear appeals from

14  applicants for positions or from certified, equivalent, and unclassified employees

15  who have been dismissed, demoted, suspended, or otherwise penalized for cause.

16  Effective August 15, 2000, appeals from assistants and secretaries in the Office of

17  Career and Technical Education attached to policymaking positions shall be

18  governed by KRS 18A.095. The State Personnel Board, established in KRS

19  18A.045, shall hear appeals that are pending as of August 15, 2000, from assistants

20  and secretaries attached to policymaking positions in the Office of Career and

21  Technical Education.

22 (10) The Kentucky Technical Education Personnel Board may, any statute to the

23  contrary notwithstanding, delegate the conduct of the hearing and the rendition of a

24  recommended order to the full board, to a panel of the board, or to a hearing officer,

25  relative to any hearing appeal, or decision, judicial or quasi-judicial in nature,

26  which the board is empowered or directed, by KRS 156.800 to 156.860 or any other

27  chapter, to conduct, hear, or make; provided, however, that the full board as

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1   provided by statute, makes the final order, based upon the evidence submitted.

2 (11) The Kentucky Board of Education shall promulgate administrative regulations,

3   pursuant to KRS Chapter 13A, governing the unclassified service including the

4   preparation and maintenance of a salary schedule and other administrative

5   regulations authorized by KRS 156.800 to 156.860.

6 (12) The annual percentage salary increment for all certified and equivalent employees

7   subject to the personnel system established under KRS 156.800 to 156.860 shall be

8   at least equal to that funded and provided for other elementary and secondary

9   teachers.

10 (13) The positions of employees who are transferred, effective July 1, 1998, from the

11  former Cabinet for Workforce Development to the Kentucky Community and

12  Technical College System shall be abolished and the employees' names removed

13  from the roster of state employees. Employees who are transferred, effective July 1,

14  1998, to the Kentucky Community and Technical College System under KRS

15  Chapter 164 shall have the same benefits and rights as they had under KRS Chapter

16  18A and have under KRS 164.5805; however, they shall have no guaranteed

17  reemployment rights in KRS 156.800 to 156.860 or KRS Chapter 18A personnel

18  systems. An employee who seeks reemployment in a state position under KRS

19  156.800 to 156.860 or KRS Chapter 18A shall have years of service in the

20  Kentucky Community and Technical College System counted toward years of

21  experience for calculating benefits and compensation.

22  SECTION 20. A NEW SECTION OF KRS CHAPTER 157 IS CREATED TO

23 READ AS FOLLOWS:

24 (1) After the Department of Revenue submits the certified property assessment data

25  to the chief state school officer as required pursuant to KRS 160.470(4), a local

26  board of education may request to the chief state school officer an adjustment in

27  funding if:

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1   (a) It is determined that the total assessed valuation of real property or personal

2   property as defined in KRS 132.010 for the school district is amended; and

3   (b) The impact of that amendment is equal to or greater than one percent (1%)

4   of the school district's net general fund to support education excellence in

5   Kentucky allotment as of March 1 of the same fiscal year of the impacted

6   property assessment.

7 (2) Any adjustments in the funding formula under this section shall be:

8   (a) No more than an amount equal to the net loss of state funds provided

9   through the program to support education excellence in Kentucky; and

10  (b) Subject to available funds under the program to support education

11  excellence in Kentucky.

12 (3) Documentation of the amendment shall be provided by the school district.

13  Section 21. KRS 160.380 is amended to read as follows:

14 (1) As used in this section:

15  (a) "Administrative finding of child abuse or neglect" means a substantiated

16  finding of child abuse or neglect issued by the Cabinet for Health and Family

17  Services that is:

18  1. Not appealed through an administrative hearing conducted in

19  accordance with KRS Chapter 13B;

20  2. Upheld at an administrative hearing conducted in accordance with KRS

21  Chapter 13B and not appealed to a Circuit Court; or

22  3. Upheld by a Circuit Court in an appeal of the results of an

23  administrative hearing conducted in accordance with KRS Chapter 13B;

24  (b) "Alternative education program" means a program that exists to meet the

25  needs of students that cannot be addressed in a traditional classroom setting

26  but through the assignment of students to alternative classrooms, centers, or

27  campuses that are designed to remediate academic performance, improve

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1   behavior, or provide an enhanced learning experience. Alternative education

2   programs do not include career or technical centers or departments;

3   (c) "Clear CA/N check" means a letter from the Cabinet for Health and Family

4   Services indicating that there are no administrative findings of child abuse or

5   neglect relating to a specific individual;

6   (d) "Relative" means father, mother, brother, sister, husband, wife, son and

7   daughter; and

8   (e) "Vacancy" means any certified position opening created by the resignation,

9   dismissal, nonrenewal of contract, transfer, or death of a certified staff

10  member of a local school district, or a new position created in a local school

11  district for which certification is required. However, if an employer-employee

12  bargained contract contains procedures for filling certified position openings

13  created by the resignation, dismissal, nonrenewal of contract, transfer, or

14  death of a certified staff member, or creation of a new position for which

15  certification is required, a vacancy shall not exist, unless certified positions

16  remain open after compliance with those procedures.

17 (2) Except as provided in KRS 160.346, the school district personnel actions identified

18  in this section shall be carried out as follows:

19  (a) All appointments, promotions, and transfers of principals, supervisors,

20  teachers, and other public school employees shall be made only by the

21  superintendent of schools, who shall notify the board of the action taken. All

22  employees of the local district shall have the qualifications prescribed by law

23  and by the administrative regulations of the Kentucky Board of Education and

24  of the employing board. Supervisors, principals, teachers, and other

25  employees may be appointed by the superintendent for any school year at any

26  time after February 1 preceding the beginning of the school year. No

27  superintendent of schools shall appoint or transfer himself or herself to

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1   another position within the school district;

2   (b) When a vacancy occurs in a local school district, the superintendent shall

3   submit the job posting to the statewide job posting system described in KRS

4   160.152 fifteen (15) days before the position shall be filled. The local school

5   district shall post position openings in the local board office for public

6   viewing; and

7   (c) When a vacancy needs to be filled in less than fifteen (15) days' time to

8   prevent disruption of necessary instructional or support services of the school

9   district, the superintendent may seek a waiver from the chief state school

10  officer outside of the process established in KRS 156.161. If the waiver is

11  approved, the appointment shall not be made until the person recommended

12  for the position has been approved by the chief state school officer. The chief

13  state school officer shall respond to a district's request for waiver or for

14  approval of an appointment within two (2) working days[; and

15  (d) When a vacancy occurs in a local district, the superintendent shall conduct a

16  search to locate minority teachers to be considered for the position. The

17  superintendent shall, pursuant to administrative regulations of the Kentucky

18  Board of Education, report annually the district's recruitment process and the

19  activities used to increase the percentage of minority teachers in the district].

20 (3) Restrictions on employment of relatives shall be as follows:

21  (a) No relative of a superintendent of schools shall be an employee of the school

22  district. However, this shall not apply to a relative who is a classified or

23  certified employee of the school district for at least thirty-six (36) months

24  prior to the superintendent assuming office and who is qualified for the

25  position the employee holds. A superintendent's spouse who has previously

26  been employed in a school system may be an employee of the school district.

27  A superintendent's spouse who is employed under this provision shall not hold

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1   a position in which the spouse supervises certified or classified employees. A

2   superintendent's spouse may supervise teacher aides and student teachers.

3   However, the superintendent shall not promote a relative who continues

4   employment under an exception of this subsection;

5   (b) No superintendent shall employ a relative of a school board member of the

6   district;

7   (c) No principal's relative shall be employed in the principal's school; and

8   (d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of

9   this subsection may be employed as a substitute for a certified or classified

10  employee if the relative is not:

11  1. A regular full-time or part-time employee of the district;

12  2. Accruing continuing contract status or any other right to continuous

13  employment;

14  3. Receiving fringe benefits other than those provided other substitutes; or

15  4. Receiving preference in employment or assignment over other

16  substitutes.

17 (4) No superintendent shall assign a certified or classified staff person to an alternative

18  education program as part of any disciplinary action taken pursuant to KRS 161.011

19  or 161.790 as part of a corrective action plan established pursuant to the local

20  district evaluation plan.

21 (5) No superintendent shall employ in any position in the district any person who:

22  (a) Has been convicted of an offense that would classify a person as a violent

23  offender under KRS 439.3401;

24  (b) Has been convicted of a sex crime as defined by KRS 17.500 or a

25  misdemeanor offense under KRS Chapter 510;

26  (c) Is required to register as a sex offender under KRS 17.500 to 17.580; or

27  (d) Has an administrative finding of child abuse or neglect in records maintained

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1   by the Cabinet for Health and Family Services.

2 (6) Requirements for background checks shall be as follows:

3   (a) A superintendent shall require the following individuals to submit to a

4   national and state criminal background check by the Department of Kentucky

5   State Police and the Federal Bureau of Investigation and have a clear CA/N

6   check, provided by the individual:

7   1. Each new certified or classified hire;

8   2. A nonfaculty coach or nonfaculty assistant as defined under KRS

9   161.185;

10  3. A student teacher;

11  4. A school-based decision making council parent member; and

12  5. Any adult who is permitted access to school grounds on a regularly

13  scheduled and continuing basis pursuant to a written agreement for the

14  purpose of providing services directly to a student or students as part of

15  a school-sponsored program or activity;

16  (b) 1. The requirements of paragraph (a) of this subsection shall not apply to:

17  a. Classified and certified individuals employed by the school district

18                   prior to June 27, 2019;

19  b. Certified individuals who were employed in another certified

20                   position in a Kentucky school district within six (6) months of the

21                   date of hire and who had previously submitted to a national and

22                   state criminal background check and who have a clear CA/N check

23                   for the previous employment; or

24  c. Student teachers who have submitted to and provide a copy of a

25                   national and state criminal background check by the Department

26                   of Kentucky State Police and the Federal Bureau of Investigation

27                   through an accredited teacher education institution in which the

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1                    student teacher is enrolled and who have a clear CA/N check.

2   2. The Education Professional Standards Board may promulgate

3   administrative regulations to impose additional qualifications to meet

4   the requirements of Pub. L. No. 92-544;

5   (c) A parent member may serve prior to the receipt of the criminal history

6   background check and CA/N letter required by paragraph (a) of this

7   subsection but shall be removed from the council on receipt by the school

8   district of a report documenting a record of abuse or neglect, or a sex crime or

9   criminal offense against a victim who is a minor as defined in KRS 17.500, or

10  as a violent offender as defined in KRS 17.165, and no further procedures

11  shall be required;

12  (d) A superintendent may require a volunteer or a visitor to submit to a national

13  and state criminal history background check by the Department of Kentucky

14  State Police and the Federal Bureau of Investigation and have a clear CA/N

15  check, provided by the individual; and

16  (e) The superintendent of a school district operating under an alternative

17  transportation plan approved by the Kentucky Department of Education in

18  accordance with KRS 156.153(3) shall require the driver of any non-school

19  bus passenger vehicle authorized to transport students to and from school

20  pursuant to the alternative transportation plan who does not have a valid

21  commercial driver's license issued in accordance with KRS Chapter 281A

22  with an "S" endorsement to:

23  1. Submit to a national and state criminal background check by the

24  Department of Kentucky State Police and the Federal Bureau of

25  Investigation at least once every three (3) years and a criminal records

26  check conducted in accordance with KRS 27A.090 in all other years;

27  2. Submit to drug testing consistent with the requirements of 49 C.F.R. pt.

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1   40;

2   3. Provide a biannual driving history record check performed by the

3   Transportation Cabinet;

4   4. Provide an annual clear CA/N check;

5   5. Immediately notify the superintendent of any conviction for a violation

6   under KRS Chapter 189 for which penalty points are assessed; and

7   6. Immediately notify the superintendent of any citation or arrest for a

8   violation of any provision of KRS Chapter 189A. The superintendent

9   shall inform the Kentucky Department of Education of the notification.

10 (7) (a) If a certified or classified position remains unfilled after July 31 or if a

11  vacancy occurs during a school term, a superintendent may employ an

12  individual, who will have supervisory or disciplinary authority over minors,

13  on probationary status pending receipt of the criminal history background

14  check and a clear CA/N check, provided by the individual. Application for the

15  criminal record and a request for a clear CA/N check of a probationary

16  employee shall be made no later than the date probationary employment

17  begins.

18  (b) Employment shall be contingent on the receipt of the criminal history

19  background check documenting that the probationary employee has no record

20  of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt

21  of a letter, provided by the individual, from the Cabinet for Health and Family

22  Services stating the employee is clear to hire based on no administrative

23  findings of child abuse or neglect found through a background check of child

24  abuse and neglect records maintained by the Cabinet for Health and Family

25  Services.

26  (c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary,

27  probationary employment under this section shall terminate on receipt by the

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1   school district of a criminal history background check documenting a record

2   of a sex crime or as a violent offender as defined in KRS 17.165 and no

3   further procedures shall be required.

4 (8) The provisions of KRS 161.790 shall apply to terminate employment of a certified

5   employee on the basis of a criminal record other than a record of a sex crime or as a

6   violent offender as defined in KRS 17.165, or on the basis of a CA/N check

7   showing an administrative finding of child abuse or neglect.

8 (9) (a) All fingerprints requested under this section shall be on an applicant

9   fingerprint card provided by the Department of Kentucky State Police. The

10  fingerprint cards shall be forwarded to the Federal Bureau of Investigation

11  from the Department of Kentucky State Police after a state criminal

12  background check is conducted. The results of the state and federal criminal

13  background check shall be sent to the hiring superintendent. Any fee charged

14  by the Department of Kentucky State Police, the Federal Bureau of

15  Investigation, and the Cabinet for Health and Family Services shall be an

16  amount no greater than the actual cost of processing the request and

17  conducting the search.

18  (b) Each application form, provided by the employer to an applicant for a

19  certified or classified position, shall conspicuously state the following: "FOR

20  THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL

21  AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A

22  LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET

23  FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT

24  HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR

25  NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD

26  ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET

27  FOR HEALTH AND FAMILY SERVICES."

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1   (c) Each application form for a district position shall require the applicant to:

2   1. Identify the states in which he or she has maintained residency,

3   including the dates of residency; and

4   2. Provide picture identification.

5 (10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary,

6   when an employee of the school district is charged with any offense which is

7   classified as a felony, the superintendent may transfer the employee to a second

8   position until such time as the employee is found not guilty, the charges are

9   dismissed, the employee is terminated, or the superintendent determines that further

10  personnel action is not required. The employee shall continue to be paid at the same

11  rate of pay he or she received prior to the transfer. If an employee is charged with

12  an offense outside of the Commonwealth, this provision may also be applied if the

13  charge would have been treated as a felony if committed within the

14  Commonwealth. Transfers shall be made to prevent disruption of the educational

15  process and district operations and in the interest of students and staff and shall not

16  be construed as evidence of misconduct.

17 (11) Notwithstanding any law to the contrary, each certified and classified employee of

18  the school district shall notify the superintendent if he or she has been found by the

19  Cabinet for Health and Family Services to have abused or neglected a child, and if

20  he or she has waived the right to appeal a substantiated finding of child abuse or

21  neglect or if the substantiated incident was upheld upon appeal. Any failure to

22  report this finding shall result in the certified or classified employee being subject

23  to dismissal or termination.

24 (12) The form for requesting a CA/N check shall be made available on the Cabinet for

25  Health and Family Services website.

26  Section 22. KRS 158.1413 is amended to read as follows:

27 (1) [Beginning with the 2019-2020 school year, ]Each school district shall implement

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1   essential workplace ethics programs that promote characteristics that are critical to

2   success in the workplace. Each student in elementary, middle, and high school shall

3   receive essential workplace ethics instruction that shall include but not be limited

4   to:

5   (a) Adaptability, including an openness to learning and problem solving, an

6        ability to embrace new ways of doing things, and a capability for critical

7        thinking;

8   (b) Diligence, including seeing a task through to completion;

9   (c) Initiative, including taking appropriate action when needed without waiting

10       for direct instruction;

11  (d) Knowledge, including exhibiting an understanding of work-related

12       information, the ability to apply that understanding to a job, and effectively

13       explain the concepts to colleagues in reading, writing, mathematics, science,

14       and technology as required by the job;

15  (e) Reliability, including showing up on time, wearing appropriate attire, self-

16       control, motivation, and ethical behavior;

17  (f) Remaining drug-free; and

18  (g) Working well with others, including effective communication skills, respect

19       for different points of view and diversity of coworkers, the ability to

20       cooperate and collaborate, enthusiasm, and the ability to provide appropriate

21       leadership to or support for colleagues.

22 (2) (a) A school district shall use the essential workplace ethics characteristics listed

23       in subsection (1) of this section when creating a program or when choosing an

24       existing program.

25  (b) Each school district's local workforce investment board, in conjunction with

26       local economic development organizations from its state regional sector, and

27       other economic, workforce, or industry organizations the workforce

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1               investment board deems necessary, shall recommend to the school district

2               best practices which may be used by schools to implement an essential

3               workplace ethics program.

4 (3) Every odd-numbered year[By January 1, 2019, and every two (2) years thereafter],

5   each local school board shall collaborate with the local workforce investment board,

6   in conjunction with local economic development organizations from its state

7   regional sector, and other economic, workforce, or industry organizations the

8   workforce investment board deems necessary, to establish essential workplace

9   ethics indicators for middle and high school students that are aligned with the

10  essential workplace ethics characteristics listed in subsection (1) of this section.

11 (4) Each local school board shall design and adopt a diploma seal, certificate, card, or

12  other identifiable symbol to award students deemed as having minimally

13  demonstrated attainment of the local board's essential workplace ethics indicators[.

14 (5) By September 1, 2019, and every two (2) years thereafter, the superintendent of

15  each school district shall provide to the commissioner of education and the

16  Kentucky Workforce Innovation Board a report, in a format specified by the

17  commissioner, describing the school district's essential workplace ethics programs

18  and how they are being implemented at each school. A summary report compiled

19  by the commissioner that includes information from all local school district reports

20  shall be provided to the Kentucky Board of Education, the Interim Joint Committee

21  on Education, the Kentucky Workforce Innovation Board and each Kentucky

22  superintendent and principal in order to foster program improvement and the

23  sharing of best practices].

24  Section 23. KRS 158.647 (Effective until January 1, 2027) is amended to read

25 as follows:

26 (1) A permanent subcommittee of the Legislative Research Commission to be known

27  as the Education Assessment and Accountability Review Subcommittee is hereby

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1   created. The subcommittee shall be composed of eight (8) members appointed as

2   follows: three (3) members of the Senate appointed by the President of the Senate;

3   one (1) member of the minority party in the Senate appointed by the Minority Floor

4   Leader in the Senate; three (3) members of the House of Representatives appointed

5   by the Speaker of the House of Representatives; and one (1) member of the

6   minority party in the House of Representatives appointed by the Minority Floor

7   Leader in the House of Representatives. Members of the subcommittee shall serve

8   for terms of two (2) years, and the members appointed from each chamber shall

9   elect one (1) member from their chamber to serve as co-chair. The co-chairs shall

10  have joint responsibilities for subcommittee meeting agendas and presiding at

11  subcommittee meetings. A majority of the entire membership of the Education

12  Assessment and Accountability Review Subcommittee shall constitute a quorum,

13  and all actions of the subcommittee shall be by vote of a majority of its entire

14  membership. Any vacancy that may occur in the membership of the subcommittee

15  shall be filled by the same appointing authority who made the original appointment.

16 (2) The subcommittee shall review administrative regulations and advise the Kentucky

17  Board of Education concerning the implementation of the state system of

18  assessment and accountability, established in KRS 158.6453, 158.6455, and

19  158.782, and for any administrative regulation promulgated under provisions of

20  KRS 158.860.

21 (3) The subcommittee may temporarily authorize the Kentucky Department of

22  Education or Kentucky Board of Education to require a new report that is not

23  expressly required by state statute or federal law while the General Assembly is

24  not in session. The temporary authorization shall expire upon the sine die

25  adjournment of the next regular session of the General Assembly.

26 (4) The subcommittee shall advise and monitor the Office of Education Accountability

27  in the performance of its duties according to the provisions of KRS 7.410.

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1 (5)[(4)] On an alternating basis, each co-chair shall have the first option to set the

2   monthly meeting date. A monthly meeting may be canceled by agreement of both

3   co-chairs. The members of the subcommittee shall be compensated for attending

4   meetings as provided in KRS 7.090.

5 (6)[(5)] Any professional, clerical, or other employees required by the subcommittee

6   shall be provided in accordance with the provisions of KRS 7.090.

7   Section 24. KRS 158.647 (Effective January 1, 2027) is amended to read as

8 follows:

9 (1) A permanent subcommittee of the Legislative Research Commission to be known

10  as the Education Assessment and Accountability Review Subcommittee is hereby

11  created. The subcommittee shall be composed of eight (8) members appointed as

12  follows: three (3) members of the Senate appointed by the President of the Senate;

13  one (1) member of the minority party in the Senate appointed by the Minority Floor

14  Leader in the Senate; three (3) members of the House of Representatives appointed

15  by the Speaker of the House of Representatives; and one (1) member of the

16  minority party in the House of Representatives appointed by the Minority Floor

17  Leader in the House of Representatives. Members of the subcommittee shall be

18  appointed in January of each odd-numbered year and shall serve for terms of two

19  (2) years. The President of the Senate and Speaker of the House of Representatives

20  shall each appoint one (1) member of the subcommittee from their chamber to serve

21  as co-chair. The co-chairs shall have joint responsibilities for subcommittee

22  meeting agendas and presiding at subcommittee meetings. A majority of the entire

23  membership of the Education Assessment and Accountability Review

24  Subcommittee shall constitute a quorum, and all actions of the subcommittee shall

25  be by vote of a majority of its entire membership. Any vacancy that may occur in

26  the membership of the subcommittee shall be filled within thirty (30) days of the

27  occurrence, in the same manner as the original appointment, and for the balance of

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1   the vacated member's term.

2 (2) The subcommittee shall review administrative regulations and advise the Kentucky

3   Board of Education concerning the implementation of the state system of

4   assessment and accountability, established in KRS 158.6453, 158.6455, and

5   158.782, and for any administrative regulation promulgated under provisions of

6   KRS 158.860.

7 (3) The subcommittee may temporarily authorize the Kentucky Department of

8   Education or Kentucky Board of Education to require a new report that is not

9   expressly required by state statute or federal law while the General Assembly is

10  not in session. The temporary authorization shall expire upon the sine die

11  adjournment of the next regular session of the General Assembly.

12 (4) The subcommittee shall advise and monitor the Office of Education Accountability

13  in the performance of its duties according to the provisions of KRS 7.410.

14 (5)[(4)] On an alternating basis, each co-chair shall have the first option to set the

15  monthly meeting date. A monthly meeting may be canceled by agreement of both

16  co-chairs. The members of the subcommittee shall be compensated for attending

17  meetings as provided in KRS 7.090.

18 (6)[(5)] Any professional, clerical, or other employees required by the subcommittee

19  shall be provided in accordance with the provisions of KRS 7.090.

20  Section 25. The following KRS sections are repealed:

21 156.660 Definitions.

22 158.865 Legislative findings -- Development of summer learning program encouraged -

23  - Purposes of program.

24 156.690 Teachers' computer purchase program.

25 158.866 Definitions for KRS 158.865 to 158.867.

26 158.867 Minimum requirements for summer learning camps at schools with certain

27  Title I programs -- Mandatory reports -- Student participation guidelines -- Teacher

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1       compensation -- Summary annual reports.

2 157.077 Support for summer learning programs -- Segregation and use of funds.

3       Section 26. Notwithstanding 2025 Ky. Acts ch. 145, sec. 13(3), the Kentucky

4 Department of Education and Kentucky Board of Education may require the following

5 reports, regardless of whether the report is expressly required by state statute or federal

6 law:

7       (1) Any new or existing report required to administer federal programs or

8 required to respond to specific requests or requirements from the United States

9 Department of Education or other federal government entity, including but not limited to:

10      (a) 21st Century Community Learning Center reports;

11      (b) Perkins Comprehensive Local Needs Assessment; and

12      (c) "CDIP" quarterly expenditure reports;

13      (2) Any existing report required to administer state funding;

14      (3) Any new or existing report required to administer federal funding;

15      (4) Any existing report required to monitor compliance with state statute;

16      (5) Any new or existing report required to monitor compliance with federal law;

17      (6) Any report temporarily authorized by the Education Assessment and

18 Accountability Review Subcommittee pursuant to Section 23 or 24 of this Act;

19      (7) Any existing report related to pupil transportation, including but not limited

20 to:

21      (a) School bus inventory;

22      (b) Transportation growth factor adjustment form;

23      (c) Certification of school bus transportation milage;

24      (d) School bus driver database;

25      (e) Pupil transportation adjustment end-of-year form; and

26      (f) School bus accidents;

27      (8) The superintendent compensation survey;

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    UNOFFICIAL COPY                                              26 RS HB 727/EN

1   (9) Professional staff data report;

2   (10) Classified staff data report;

3   (11) Growth factor report;

4   (12) Superintendent's annual attendance report;

5   (13) QA homeless report;

6   (14) Alternative education program reports;

7   (15) New and amended school calendars;

8   (16) Home/hospital reporting;

9   (17) Property acquisition and disposal; and

10  (18) Any existing reporting required to monitor district-wide multitiered systems

11 of support implementation for students in grades kindergarten through grade 12.

12  Section 27. The nonvoting student and teacher members of the Kentucky Board

13 of Education selected prior to the effective date of this Act shall remain unaffected and

14 serve the remainder of their terms until June 30, 2027. Thereafter, the nonvoting student

15 and teacher members shall be selected in accordance with Section 9 of this Act.

16  Section 28. Whereas school districts need relief from unnecessary reporting

17 requirements upon starting the 2026-2027 school year, an emergency is declared to exist,

18 and Sections 21 to 26 of this Act take effect July 1, 2026.

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    HB072720.100 - 2254 - XXXX 4/15/2026 5:00 PM                                    Engrossed
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