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AN ACT relating to education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 160.345 is amended to read as follows: 3
(1) For the purpose of this section: 4
(a) "Minority" means American Indian; Alaskan native; African-American; 5
Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or 6
South American origin; Pacific islander; or other ethnic group 7
underrepresented in the school; 8
(b) "School" means an elementary or secondary educational institution that is 9
under the administrative control of a principal and is not a program or part of 10
another school. The term "school" does not include district-operated schools 11
that are: 12
1. Exclusively vocational-technical, special education, or preschool 13
programs; 14
2. Instructional programs operated in institutions or schools outside of the 15
district; or 16
3. Alternative schools designed to provide services to at-risk populations 17
with unique needs; 18
(c) "Teacher" means any person for whom certification is required as a basis of 19
employment in the public schools of the state, with the exception of principals 20
and assistant principals; and 21
(d) "Parent" means: 22
1. A parent, stepparent, or foster parent of a student; or 23
2. A person who has legal custody of a student pursuant to a court order 24
and with whom the student resides. 25
(2) Each local board of education shall adopt a policy for implementing school-based 26
decision making in the district which shall include but not be limited to a 27 UNOFFICIAL COPY 22 RS BR 350
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description of how the district's policies, including those developed pursuant to 1
KRS 160.340, have been amended to allow the professional staff members of a 2
school to be involved in the decision-making process as they work to meet 3
educational goals established in KRS 158.645 and 158.6451. The policy may 4
include a requirement that each school council make an annual report at a public 5
meeting of the board describing the school's progress in meeting the educational 6
goals set forth in KRS 158.6451 and district goals established by the board. The 7
policy shall also address and comply with the following: 8
(a) Except as provided in paragraph (b)2. of this subsection, each participating 9
school shall form a school council composed of two (2) parents, three (3) 10
teachers, and the principal or administrator. The membership of the council 11
may be increased, but it may only be increased proportionately. A parent 12
representative on the council shall not be an employee or a relative of an 13
employee of the school in which that parent serves, nor shall the parent 14
representative be an employee or a relative of an employee in the district 15
administrative offices. A parent representative shall not be a local board 16
member or a board member's spouse. None of the members shall have a 17
conflict of interest pursuant to KRS Chapter 45A, except the salary paid to 18
district employees; 19
(b) 1. The teacher representatives shall be elected for one (1) year terms by a 20
majority of the teachers. A teacher elected to a school council shall not 21
be involuntarily transferred during his or her term of office. The parent 22
representatives shall be elected for one (1) year terms. The parent 23
members shall be elected by the parents of students preregistered to 24
attend the school during the term of office in an election conducted by 25
the parent and teacher organization of the school or, if none exists, the 26
largest organization of parents formed for this purpose. A school 27 UNOFFICIAL COPY 22 RS BR 350
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council, once elected, may adopt a policy setting different terms of 1
office for parent and teacher members subsequently elected. The 2
principal shall be the chair of the school council. 3
2. School councils in schools having eight percent (8%) or more minority 4
students enrolled, as determined by the enrollment on the preceding 5
October 1, shall have at least one (1) minority member. If the council 6
formed under paragraph (a) of this subsection does not have a minority 7
member, the principal, in a timely manner, shall be responsible for 8
carrying out the following: 9
a. Organizing a special election to elect an additional member. The 10
principal shall call for nominations and shall notify the parents of 11
the students of the date, time, and location of the election to elect a 12
minority parent to the council by ballot; and 13
b. Allowing the teachers in the building to select one (1) minority 14
teacher to serve as a teacher member on the council. If there are no 15
minority teachers who are members of the faculty, an additional 16
teacher member shall be elected by a majority of all teachers. Term 17
limitations shall not apply for a minority teacher member who is 18
the only minority on faculty; 19
(c) 1. The school council shall have the responsibility to set school policy 20
consistent with district board policy which shall provide an environment 21
to enhance the students' achievement and help the school meet the goals 22
established by KRS 158.645 and 158.6451. The principal shall be the 23
primary administrator and the instructional leader of the school, and 24
with the assistance of the total school staff shall administer the policies 25
established by the school council and the local board. 26
2. If a school council establishes committees, it shall adopt a policy to 27 UNOFFICIAL COPY 22 RS BR 350
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facilitate the participation of interested persons, including, but not 1
limited to, classified employees and parents. The policy shall include the 2
number of committees, their jurisdiction, composition, and the process 3
for membership selection; 4
(d) The school council and each of its committees shall determine the frequency 5
of and agenda for their meetings. Matters relating to formation of school 6
councils that are not provided for by this section shall be addressed by local 7
board policy; 8
(e) The meetings of the school council shall be open to the public and all 9
interested persons may attend. However, the exceptions to open meetings 10
provided in KRS 61.810 shall apply; 11
(f) After receiving notification of the funds available for the school from the local 12
board, the school council shall determine, within the parameters of the total 13
available funds, the number of persons to be employed in each job 14
classification at the school. The council may make personnel decisions on 15
vacancies occurring after the school council is formed but shall not have the 16
authority to recommend transfers or dismissals; 17
(g) The local superintendent, after consulting with the school principal and the 18
school council, shall determine which curriculum, textbooks, instructional 19
materials, and student support services shall be provided in the school. Subject 20
to available resources, the local board shall allocate an appropriation to each 21
school that is adequate to meet the school's needs related to instructional 22
materials and school-based student support services, as determined by the 23
school council. The school council shall consult with the school media 24
librarian on the maintenance of the school library media center, including the 25
purchase of instructional materials, information technology, and equipment; 26
(h) Personnel decisions at the school level shall be as follows: 27 UNOFFICIAL COPY 22 RS BR 350
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1. From a list of qualified applicants submitted by the local superintendent, 1
the principal at the participating school shall select personnel to fill 2
vacancies, after consultation with the school council, consistent with 3
paragraph (i)13.[(i)11.] of this subsection. The superintendent shall 4
provide additional applicants to the principal upon request when 5
qualified applicants are available. The superintendent may forward to 6
the school council the names of qualified applicants who have pending 7
certification from the Education Professional Standards Board based on 8
recent completion of preparation requirements, out-of-state preparation, 9
or alternative routes to certification pursuant to KRS 161.028 and 10
161.048. Requests for transfer shall conform to any employer-employee 11
bargained contract which is in effect; 12
2. If the vacancy to be filled is the position of principal, the 13
superintendent shall fill the vacancy after consultation with the 14
council consistent with paragraph (i)12. of this subsection.[a. i.15
If the vacancy to be filled is the position of principal, the outgoing 16
principal shall not serve on the council during the principal selection 17
process. The superintendent or the superintendent's designee shall serve 18
as the chair of the council for the purpose of the hiring process and shall 19
have voting rights during the selection process. 20
ii. Except as provided in subdivision b. of this subparagraph, 21
the council shall have access to the applications of all 22
persons certified for the position. The principal shall be 23
elected on a majority vote of the membership of the council. 24
The school council shall receive training in recruitment and 25
interviewing techniques prior to carrying out the process of 26
selecting a principal. The council shall select the trainer to 27 UNOFFICIAL COPY 22 RS BR 350
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deliver the training; 1
b. An alternative principal selection process may be used by the 2
school council as follows: 3
i. Prior to a meeting called to select a principal, all school 4
council members shall receive informational materials 5
regarding Kentucky open records and open meetings laws 6
and sign a nondisclosure agreement forbidding the sharing of 7
information shared and discussions held in the closed 8
session; 9
ii. The superintendent shall convene the school council and 10
move into closed session as provided in KRS 61.810(1)(f) to 11
confidentially recommend a candidate; 12
iii. The council shall have the option to interview the 13
recommended candidate while in closed session; and 14
iv. After any discussion, at the conclusion of the closed session, 15
the council shall decide, in a public meeting by majority vote 16
of the membership of the council, whether to accept or reject 17
the recommended principal candidate; 18
c. If the recommended candidate is selected, and the recommended 19
candidate accepts the offer, the name of the candidate shall be 20
made public during the next meeting in open session; 21
d. i. If the recommended candidate is not accepted by the school 22
council under subdivision b. of this subparagraph, then the 23
process set forth in subdivision a. of this subparagraph shall 24
apply. 25
ii. The confidentially recommended candidate's name and the 26
discussions of the closed session shall remain confidential 27 UNOFFICIAL COPY 22 RS BR 350
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under KRS 61.810(1)(f), and any documents used or 1
generated during the closed meeting shall not be subject to an 2
open records request as provided in KRS 61.878(1)(i) and (j). 3
iii. A recommended candidate who believes a violation of this 4
subdivision has occurred may file a written complaint with 5
the Kentucky Board of Education. 6
iv. A school council member who is found to have disclosed 7
confidential information regarding the proceeding of the 8
closed session shall be subject to removal from the school 9
council by the Kentucky Board of Education under 10
subsection (9)(e) of this section;] 11
3. No principal who has been previously removed from a position in the 12
district for cause may be considered for appointment as principal in that 13
district; 14
4. Personnel decisions made at the school level under the authority of 15
subparagraph[subparagraphs] 1. [and 2. ]of this paragraph shall be 16
binding on the superintendent who completes the hiring process; 17
5. Applicants subsequently employed shall provide evidence that they are 18
certified prior to assuming the duties of a position in accordance with 19
KRS 161.020; and 20
6. Notwithstanding other provisions of this paragraph, if the applicant is 21
the spouse of the superintendent and the applicant meets the service 22
requirements of KRS 160.380(3)(a), the applicant shall only be 23
employed upon the recommendation of the principal and the approval of 24
a majority vote of the school council;[ and] 25
[7. Beginning June 27, 2019, notwithstanding the requirement that a 26
principal be elected on a majority vote of the council in subparagraph 2. 27 UNOFFICIAL COPY 22 RS BR 350
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of this paragraph, if the school council is in a county school district in a 1
county with a consolidated local government adopted under KRS 2
Chapter 67C, then the selection of a principal shall be subject to 3
approval by the superintendent. If the superintendent does not approve 4
the principal selected by the council, then the superintendent may select 5
the principal;] 6
(i) The school council shall adopt a policy consistent with local board policy 7
that shall[to] be implemented by the principal in the following additional 8
areas: 9
1. [Determination of curriculum, including needs assessment, ]Curriculum 10
[development and ]responsibilities under KRS 158.6453(19); 11
2. Procedures for posting proposed new curriculum, gathering public 12
feedback, and reporting the results to the superintendent who shall 13
determine new curriculum in accordance with subsection (2)(g) of this 14
section; 15
3. Assignment of all instructional and noninstructional staff time; 16
4.[3.] Assignment of students to classes and programs within the school; 17
5.[4.] Determination of the schedule of the school day and week, subject to the 18
beginning and ending times of the school day and school calendar year 19
as established by the local board; 20
6.[5.] Determination of use of school space during the school day related to 21
improving classroom teaching and learning; 22
7.[6.] Planning and resolution of issues regarding instructional practices; 23
8.[7.] Selection and implementation of discipline and classroom management 24
techniques as a part of a comprehensive school safety plan, including 25
responsibilities of the student, parent, teacher, counselor, and principal; 26
9.[8.] Selection of extracurricular programs and determination of policies 27 UNOFFICIAL COPY 22 RS BR 350
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relating to student participation based on academic qualifications and 1
attendance requirements, program evaluation, and supervision; 2
10.[9.] Adoption of an emergency plan as required in KRS 158.162; 3
11.[10. ]Procedures, consistent with local school board policy, for 4
determining alignment with state standards, technology utilization, and 5
program appraisal;[ and] 6
12.[11.] Procedures to assist the council with consultation in the selection 7
of the principal by the superintendent to include the review of not 8
more than three (3) of the superintendent's preferred candidates; and 9
13. Procedures to assist the council with consultation in the selection of 10
personnel by the principal, including but not limited to meetings, 11
timelines, interviews, review of written applications, and review of 12
references. Procedures shall address situations in which members of the 13
council are not available for consultation; and 14
(j) Each school council shall annually review data as shown on state and local 15
student assessments required under KRS 158.6453. The data shall include but 16
not be limited to information on performance levels of all students tested, and 17
information on the performance of students disaggregated by race, gender, 18
disability, and participation in the federal free and reduced price lunch 19
program. After completing the review of data, each school council, with the 20
involvement of parents, faculty, and staff, shall develop and adopt a plan to 21
ensure that each student makes progress toward meeting the goals set forth in 22
KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan 23
to the superintendent and local board of education for review as described in 24
KRS 160.340. The Kentucky Department of Education shall provide each 25
school council the data needed to complete the review required by this 26
paragraph no later than October 1 of each year. If a school does not have a 27 UNOFFICIAL COPY 22 RS BR 350
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council, the review shall be completed by the principal with the involvement 1
of parents, faculty, and staff. 2
(3) The policies adopted by the local board to implement school-based decision making 3
shall also address the following: 4
(a) School budget and administration, including: discretionary funds; activity and 5
other school funds; funds for maintenance, supplies, and equipment; and 6
procedures for authorizing reimbursement for training and other expenses; 7
(b) Assessment of individual student progress, including testing and reporting of 8
student progress to students, parents, the school district, the community, and 9
the state; 10
(c) School improvement plans, including the form and function of strategic 11
planning and its relationship to district planning, as well as the school safety 12
plan and requests for funding from the Center for School Safety under KRS 13
158.446; 14
(d) Professional development plans developed pursuant to KRS 156.095; 15
(e) Parent, citizen, and community participation including the relationship of the 16
council with other groups; 17
(f) Cooperation and collaboration within the district, with other districts, and with 18
other public and private agencies; 19
(g) Requirements for waiver of district policies; 20
(h) Requirements for record keeping by the school council;[ and] 21
(i) A process for appealing a decision made by a school council;[.] 22
(j) A process for providing clear, accurate, and easily accessible information to 23
parents and community members regarding curriculum approved by the 24
superintendent, including a provision to provide information in accordance 25
with KRS 61.870 to KRS 61.884; and 26
(k) A process for filing an educational concern or grievance regarding 27 UNOFFICIAL COPY 22 RS BR 350
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curriculum or instructional materials that shall include; 1
1. The following order of escalation: 2
a. Teacher; 3
b. Principal; 4
c. Superintendent; and 5
d. School board; 6
2. The conditions for filing a concern or grievance; 7
3. The time limitations on filing a concern or grievance; 8
4. A process for the orderly review of each individual concern or 9
grievance; 10
5. A process for the escalation of a concern or grievance; and 11
6. Possible disciplinary actions as specified in KRS 161.120 for the use of 12
any curriculum not approved under the policy required by subsection 13
(2)(i)2. of this section. 14
(4) In addition to the authority granted to the school council in this section, the local 15
board may grant to the school council any other authority permitted by law. The 16
board shall make available liability insurance coverage for the protection of all 17
members of the school council from liability arising in the course of pursuing their 18
duties as members of the council. 19
(5) All schools shall implement school-based decision making in accordance with this 20
section and with the policy adopted by the local board pursuant to this section. 21
Upon favorable vote of a majority of the faculty at the school and a majority of at 22
least twenty-five (25) voting parents of students enrolled in the school, a school 23
meeting its goal as determined by the Department of Education pursuant to KRS 24
158.6455 may apply to the Kentucky Board of Education for exemption from the 25
requirement to implement school-based decision making, and the state board shall 26
grant the exemption. The voting by the parents on the matter of exemption from 27 UNOFFICIAL COPY 22 RS BR 350
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implementing school-based decision making shall be in an election conducted by 1
the parent and teacher organization of the school or, if none exists, the largest 2
organization of parents formed for this purpose. Notwithstanding the provisions of 3
this section, a local school district shall not be required to implement school-based 4
decision making if the local school district contains only one (1) school. 5
(6) The Department of Education shall provide professional development activities to 6
assist schools in implementing school-based decision making. School council 7
members elected for the first time shall complete a minimum of six (6) clock hours 8
of training in the process of school-based decision making, no later than thirty (30) 9
days after the beginning of the service year for which they are elected to serve. 10
School council members who have served on a school council at least one (1) year 11
shall complete a minimum of three (3) clock hours of training in the process of 12
school-based decision making no later than one hundred twenty (120) days after the 13
beginning of the service year for which they are elected to serve. Experienced 14
members may participate in the training for new members to fulfill their training 15
requirement. School council training required under this subsection shall be 16
conducted by trainers endorsed by the Department of Education. By November 1 of 17
each year, the principal through the local superintendent shall forward to the 18
Department of Education the names and addresses of each council member and 19
verify that the required training has been completed. School council members 20
elected to fill a vacancy shall complete the applicable training within thirty (30) 21
days of their election. 22
(7) A school that chooses to have school-based decision making but would like to be 23
exempt from the administrative structure set forth by this section may develop a 24
model for implementing school-based decision making, including but not limited to 25
a description of the membership, organization, duties, and responsibilities of a 26
school council. The school shall submit the model through the local board of 27 UNOFFICIAL COPY 22 RS BR 350
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education to the commissioner of education and the Kentucky Board of Education, 1
which shall have final authority for approval. The application for approval of the 2
model shall show evidence that it has been developed by representatives of the 3
parents, students, certified personnel, and the administrators of the school and that 4
two-thirds (2/3) of the faculty have agreed to the model. 5
(8) The Kentucky Board of Education, upon recommendation of the commissioner of 6
education, shall adopt by administrative regulation a formula by which school 7
district funds shall be allocated to each school council. Included in the school 8
council formula shall be an allocation for professional development that is at least 9
sixty-five percent (65%) of the district's per pupil state allocation for professional 10
development for each student in average daily attendance in the school. The school 11
council shall plan professional development in compliance with requirements 12
specified in KRS 156.095, except as provided in KRS 158.649. School councils of 13
small schools shall be encouraged to work with other school councils to maximize 14
professional development opportunities. 15
(9) (a) No board member, superintendent of schools, district employee, or member of 16
a school council shall intentionally engage in a pattern of practice which is 17
detrimental to the successful implementation of or circumvents the intent of 18
school-based decision making to allow the professional staff members of a 19
school and parents to be involved in the decision making process in working 20
toward meeting the educational goals established in KRS 158.645 and 21
158.6451 or to make decisions in areas of policy assigned to a school council 22
pursuant to paragraph (i) of subsection (2) of this section. 23
(b) An affected party who believes a violation of this subsection has occurred may 24
file a written complaint with the Office of Education Accountability. The 25
office shall investigate the complaint and resolve the conflict, if possible, or 26
forward the matter to the Kentucky Board of Education. 27 UNOFFICIAL COPY 22 RS BR 350
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(c) The Kentucky Board of Education shall conduct a hearing in accordance with 1
KRS Chapter 13B for complaints referred by the Office of Education 2
Accountability. 3
(d) If the state board determines a violation has occurred, the party shall be 4
subject to reprimand. A second violation of this subsection may be grounds 5
for removing a superintendent or a member of a school council from office or 6
grounds for dismissal of an employee for misconduct in office or willful 7
neglect of duty. 8
(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the 9
state board determines a violation of the confidentiality requirements set forth 10
in subsection (2)(h)2. of this section by a school council member has 11
occurred, the state board shall remove the member from the school council, 12
and the member shall be permanently prohibited from serving on any school 13
council in the district. 14
(10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or 15
maintain a school-based decision making council and the powers, duties, and 16
authority granted to a school council may be rescinded or the school council's role 17
may be advisory if the commissioner of education or the Kentucky Board of 18
Education takes action under KRS 160.346. 19
(11) Each school council of a school containing grades K-5 or any combination thereof, 20
or if there is no school council, the principal, shall develop and implement a 21
wellness policy that includes moderate to vigorous physical activity each day and 22
encourages healthy choices among students. The policy may permit physical activity 23
to be considered part of the instructional day, not to exceed thirty (30) minutes per 24
day, or one hundred and fifty (150) minutes per week. Each school council, or if 25
there is no school council, the principal, shall adopt an assessment tool to determine 26
each child's level of physical activity on an annual basis. The council or principal 27 UNOFFICIAL COPY 22 RS BR 350
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may utilize an existing assessment program. The Kentucky Department of 1
Education shall make available a list of available resources to carry out the 2
provisions of this subsection. The department shall report to the Legislative 3
Research Commission no later than November 1 of each year on how the schools 4
are providing physical activity under this subsection and on the types of physical 5
activity being provided. The policy developed by the school council or principal 6
shall comply with provisions required by federal law, state law, or local board 7
policy. 8
[(12) Discretionary authority exercised under subsection (2)(h)2.b. of this section 9
shall not violate provisions of any employer-employee bargained contract existing 10
between the district and its employees.] 11