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AN ACT relating to public charter schools. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 156.095 is amended to read as follows: 3
(1) The Kentucky Department of Education shall establish, direct, and maintain a 4
statewide program of professional development to improve instruction in the public 5
schools. 6
(2) Each local school district superintendent shall appoint a certified school employee 7
to fulfill the role and responsibilities of a professional development coordinator who 8
shall disseminate professional development information to schools and personnel. 9
Upon request by a school council or any employees of the district, the coordinator 10
shall provide technical assistance to the council or the personnel that may include 11
assisting with needs assessments, analyzing school data, planning and evaluation 12
assistance, organizing districtwide programs requested by school councils or groups 13
of teachers, or other coordination activities. 14
(a) The manner of appointment, qualifications, and other duties of the 15
professional development coordinator shall be established by Kentucky Board 16
of Education through promulgation of administrative regulations. 17
(b) The local district professional development coordinator shall participate in the 18
Kentucky Department of Education annual training program for local school 19
district professional development coordinators. The training program may 20
include, but not be limited to, the demonstration of various approaches to 21
needs assessment and planning; strategies for implementing long-term, 22
school-based professional development; strategies for strengthening teachers' 23
roles in the planning, development, and evaluation of professional 24
development; and demonstrations of model professional development 25
programs. The training shall include information about teacher learning 26
opportunities relating to the core content standards. The Kentucky Department 27 UNOFFICIAL COPY 22 RS BR 421
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of Education shall regularly collect and distribute this information. 1
(3) The Kentucky Department of Education shall provide or facilitate optional, 2
professional development programs for certified personnel throughout the 3
Commonwealth that are based on the statewide needs of teachers, administrators, 4
and other education personnel. Programs may include classified staff and parents 5
when appropriate. Programs offered or facilitated by the department shall be at 6
locations and times convenient to local school personnel and shall be made 7
accessible through the use of technology when appropriate. They shall include 8
programs that: address the goals for Kentucky schools as stated in KRS 158.6451, 9
including reducing the achievement gaps as determined by an equity analysis of the 10
disaggregated student performance data from the state assessment program 11
developed under KRS 158.6453; engage educators in effective learning processes 12
and foster collegiality and collaboration; and provide support for staff to incorporate 13
newly acquired skills into their work through practicing the skills, gathering 14
information about the results, and reflecting on their efforts. Professional 15
development programs shall be made available to teachers based on their needs 16
which shall include but not be limited to the following areas: 17
(a) Strategies to reduce the achievement gaps among various groups of students 18
and to provide continuous progress; 19
(b) Curriculum content and methods of instruction for each content area, 20
including differentiated instruction; 21
(c) School-based decision making; 22
(d) Assessment literacy; 23
(e) Integration of performance-based student assessment into daily classroom 24
instruction; 25
(f) Nongraded primary programs; 26
(g) Research-based instructional practices; 27 UNOFFICIAL COPY 22 RS BR 421
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(h) Instructional uses of technology; 1
(i) Curriculum design to serve the needs of students with diverse learning styles 2
and skills and of students of diverse cultures; 3
(j) Instruction in reading, including phonics, phonemic awareness, 4
comprehension, fluency, and vocabulary; 5
(k) Educational leadership; and 6
(l) Strategies to incorporate character education throughout the curriculum. 7
(4) The department shall assist school personnel in assessing the impact of professional 8
development on their instructional practices and student learning. 9
(5) The department shall assist districts and school councils with the development of 10
long-term school and district improvement plans that include multiple strategies for 11
professional development based on the assessment of needs at the school level. 12
(a) Professional development strategies may include but are not limited to 13
participation in subject matter academies, teacher networks, training institutes, 14
workshops, seminars, and study groups; collegial planning; action research; 15
mentoring programs; appropriate university courses; and other forms of 16
professional development. 17
(b) In planning the use of the four (4) days for professional development under 18
KRS 158.070, school councils and districts shall give priority to programs that 19
increase teachers' understanding of curriculum content and methods of 20
instruction appropriate for each content area based on individual school plans. 21
The district may use up to one (1) day to provide district-wide training and 22
training that is mandated by state or federal law. Only those employees 23
identified in the mandate or affected by the mandate shall be required to attend 24
the training. 25
(c) State funds allocated for professional development shall be used to support 26
professional development initiatives that are consistent with local school 27 UNOFFICIAL COPY 22 RS BR 421
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improvement and professional development plans and teachers' individual 1
growth plans. The funds may be used throughout the year for all staff, 2
including classified and certified staff and parents on school councils or 3
committees. A portion of the funds allocated to each school council under 4
KRS 160.345 may be used to prepare or enhance the teachers' knowledge and 5
teaching practices related to the content and subject matter that are required 6
for their specific classroom assignments. 7
(6) (a) By August 1, 2010, the Kentucky Cabinet for Health and Family Services 8
shall post on its Web page suicide prevention awareness information, to 9
include recognizing the warning signs of a suicide crisis. The Web page shall 10
include information related to suicide prevention training opportunities 11
offered by the cabinet or an agency recognized by the cabinet as a training 12
provider. 13
(b) By September 15 of each year, every public school shall provide suicide 14
prevention awareness information in person, by live streaming, or via a video 15
recording to all students in grades six (6) through twelve (12). The 16
information may be obtained from the Cabinet for Health and Family Services 17
or from a commercially developed suicide prevention training program. 18
(c) 1. Beginning with the 2018-2019 school year, and every year thereafter, a 19
minimum of one (1) hour of high-quality suicide prevention training, 20
including the recognition of signs and symptoms of possible mental 21
illness, shall be required for all school district employees with job duties 22
requiring direct contact with students in grades six (6) through twelve 23
(12). The training shall be provided either in person, by live streaming, 24
or via a video recording and may be included in the four (4) days of 25
professional development under KRS 158.070. 26
2. When a staff member subject to the training under subparagraph 1. of 27 UNOFFICIAL COPY 22 RS BR 421
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this paragraph is initially hired during a school year in which the training 1
is not required, the local district shall provide suicide prevention 2
materials to the staff member for review. 3
[(d) The requirements of paragraphs (b) and (c) of this subsection shall apply to 4
public charter schools as a health and safety requirement under KRS 5
160.1592(1).] 6
(7) (a) By November 1, 2019, and November 1 of each year thereafter, a minimum of 7
one (1) hour of training on how to respond to an active shooter situation shall 8
be required for all school district employees with job duties requiring direct 9
contact with students. The training shall be provided either in person, by live 10
streaming, or via a video recording prepared by the Kentucky Department of 11
Criminal Justice Training in collaboration with the Kentucky Law 12
Enforcement Council, the Kentucky Department of Education, and the Center 13
for School Safety and may be included in the four (4) days of professional 14
development under KRS 158.070. 15
(b) When a staff member subject to the training requirements of this subsection is 16
initially hired after the training has been provided for the school year, the local 17
district shall provide materials on how to respond to an active shooter 18
situation. 19
[(c) The requirements of this subsection shall also apply to public charter schools 20
as a health and safety requirement under KRS 160.1592(1).] 21
(8) (a) The Kentucky Department of Education shall develop and maintain a list of 22
approved comprehensive evidence-informed trainings on child abuse and 23
neglect prevention, recognition, and reporting that encompass child physical, 24
sexual, and emotional abuse and neglect. 25
(b) The trainings shall be Web-based or in-person and cover, at a minimum, the 26
following topics: 27 UNOFFICIAL COPY 22 RS BR 421
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1. Recognizing child physical, sexual, and emotional abuse and neglect; 1
2. Reporting suspected child abuse and neglect in Kentucky as required by 2
KRS 620.030 and the appropriate documentation; 3
3. Responding to the child; and 4
4. Understanding the response of child protective services. 5
(c) The trainings shall include a questionnaire or other basic assessment tool upon 6
completion to document basic knowledge of training components. 7
(d) Each local board of education shall adopt one (1) or more trainings from the 8
list approved by the Department of Education to be implemented by schools. 9
(e) All current school administrators, certified personnel, office staff, 10
instructional assistants, and coaches and extracurricular sponsors who are 11
employed by the school district shall complete the implemented training or 12
trainings by January 31, 2017, and then every two (2) years after. 13
(f) All school administrators, certified personnel, office staff, instructional 14
assistants, and coaches and extracurricular sponsors who are employed by the 15
school district hired after January 31, 2017, shall complete the implemented 16
training or trainings within ninety (90) days of being hired and then every two 17
(2) years after. 18
(g) Every public school shall prominently display the statewide child abuse 19
hotline number administered by the Cabinet for Health and Family Services, 20
and the National Human Trafficking Reporting Hotline number administered 21
by the United States Department for Health and Human Services. 22
(9) The Department of Education shall establish an electronic consumer bulletin board 23
that posts information regarding professional development providers and programs 24
as a service to school district central office personnel, school councils, teachers, and 25
administrators. Participation on the electronic consumer bulletin board shall be 26
voluntary for professional development providers or vendors, but shall include all 27 UNOFFICIAL COPY 22 RS BR 421
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programs sponsored by the department. Participants shall provide the following 1
information: program title; name of provider or vendor; qualifications of the 2
presenters or instructors; objectives of the program; program length; services 3
provided, including follow-up support; costs for participation and costs of materials; 4
names of previous users of the program, addresses, and telephone numbers; and 5
arrangements required. Posting information on the bulletin board by the department 6
shall not be viewed as an endorsement of the quality of any specific provider or 7
program. 8
(10) The Department of Education shall provide training to address the characteristics 9
and instructional needs of students at risk of school failure and most likely to drop 10
out of school. The training shall be developed to meet the specific needs of all 11
certified and classified personnel depending on their relationship with these 12
students. The training for instructional personnel shall be designed to provide and 13
enhance skills of personnel to: 14
(a) Identify at-risk students early in elementary schools as well as at-risk and 15
potential dropouts in the middle and high schools; 16
(b) Plan specific instructional strategies to teach at-risk students; 17
(c) Improve the academic achievement of students at risk of school failure by 18
providing individualized and extra instructional support to increase 19
expectations for targeted students; 20
(d) Involve parents as partners in ways to help their children and to improve their 21
children's academic progress; and 22
(e) Significantly reduce the dropout rate of all students. 23
(11) The department shall establish teacher academies to the extent funding is available 24
in cooperation with postsecondary education institutions for elementary, middle 25
school, and high school faculty in core disciplines, utilizing facilities and faculty 26
from universities and colleges, local school districts, and other appropriate agencies 27 UNOFFICIAL COPY 22 RS BR 421
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throughout the state. Priority for participation shall be given to those teachers who 1
are teaching core discipline courses for which they do not have a major or minor or 2
the equivalent. Participation of teachers shall be voluntary. 3
(12) The department shall annually provide to the oversight council established in KRS 4
15A.063, the information received from local schools pursuant to KRS 158.449. 5
Section 2. KRS 158.038 is amended to read as follows: 6
(1) Beginning August 1, 2020, any student identification badge issued to a student in 7
grades six (6) through twelve (12) by a public school shall contain the contact 8
information for: 9
(a) A national domestic violence hotline; 10
(b) A national sexual assault hotline; and 11
(c) A national suicide prevention hotline. 12
(2) [The requirements of subsection (1) of this section shall apply to public charter 13
schools as a health and safety requirement under KRS 160.1592(1). 14
(3) ]By July 20, 2020, the Cabinet for Health and Family Services shall publish 15
recommendations for at least one (1) national hotline accessible twenty-four (24) 16
hours a day, seven (7) days a week, and three hundred sixty-five (365) days a year 17
that specializes in each of the hotline categories required by subsection (1) of this 18
section. 19
Section 3. KRS 158.4416 is amended to read as follows: 20
(1) For purposes of this section: 21
(a) "School counselor" means an individual who holds a valid school counselor 22
certificate issued in accordance with the administrative regulations of the 23
Education Professional Standards Board; 24
(b) "School-based mental health services provider" means a licensed or certified 25
school counselor, school psychologist, school social worker, or other qualified 26
mental health professional as defined in KRS 202A.011; and 27 UNOFFICIAL COPY 22 RS BR 421
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(c) "Trauma-informed approach" means incorporating principles of trauma 1
awareness and trauma-informed practices, as recommended by the federal 2
Substance Abuse and Mental Health Services Administration, in a school in 3
order to foster a safe, stable, and understanding learning environment for all 4
students and staff and ensuring that all students are known well by at least one 5
(1) adult in the school setting. 6
(2) The General Assembly recognizes that all schools must provide a place for students 7
to feel safe and supported to learn throughout the school day, and that any trauma a 8
student may have experienced can have a significant impact on the ability of a 9
student to learn. The General Assembly directs all public schools to adopt a trauma-10
informed approach to education in order to better recognize, understand, and 11
address the learning needs of students impacted by trauma and to foster a learning 12
environment where all students, including those who have been traumatized, can be 13
safe, successful, and known well by at least one (1) adult in the school setting. 14
(3) (a) Beginning July 1, 2021, or as funds and qualified personnel become available: 15
1. Each school district[ and each public charter school] shall employ at 16
least one (1) school counselor in each school with the goal of the school 17
counselor spending sixty percent (60%) or more of his or her time 18
providing counseling and related services directly to students; and 19
2. It shall be the goal that each school district [and each public charter 20
school ]shall provide at least one (1) school counselor or school-based 21
mental health services provider who is employed by the school district 22
for every two hundred fifty (250) students, including but not limited to 23
the school counselor required in subparagraph 1. of this paragraph. 24
(b) A school counselor or school-based mental health services provider at each 25
school shall facilitate the creation of a trauma-informed team to identify and 26
assist students whose learning, behavior, and relationships have been 27 UNOFFICIAL COPY 22 RS BR 421
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impacted by trauma. The trauma-informed team may consist of school 1
administrators, school counselors, school-based mental health services 2
providers, family resource and youth services coordinators, school nurses, and 3
any other school or district personnel. 4
(c) Each school counselor or school-based mental health services provider 5
providing services pursuant to this section, and the trauma-informed team 6
members described in paragraph (b) of this subsection, shall provide training, 7
guidance, and assistance to other administrators, teachers, and staff on: 8
1. Recognizing symptoms of trauma in students; 9
2. Utilizing interventions and strategies to support the learning needs of 10
those students; and 11
3. Implementing a plan for a trauma-informed approach as described in 12
subsection (5) of this section. 13
(d) 1. School districts may employ or contract for the services of school-based 14
mental health services providers to assist with the development and 15
implementation of a trauma-informed approach and the development of 16
a trauma-informed team pursuant to this subsection and to enhance or 17
expand student mental health support services as funds and qualified 18
personnel become available. 19
2. School-based mental health services providers may provide services 20
through a collaboration between two (2) or more school districts or 21
between school districts and educational cooperatives or any other 22
public or private entities, including but not limited to local or regional 23
mental health day treatment programs. 24
(e) No later than November 1, 2019, and each subsequent year, the local school 25
district superintendent shall report to the department the number and 26
placement of school counselors in the district. The report shall include the 27 UNOFFICIAL COPY 22 RS BR 421
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source of funding for each position, as well as a summary of the job duties and 1
work undertaken by each counselor and the approximate percent of time 2
devoted to each duty over the course of the year. 3
(4) On or before July 1, 2020, the Department of Education shall make available a 4
toolkit that includes guidance, strategies, behavioral interventions, practices, and 5
techniques to assist school districts [and public charter schools ]in developing a 6
trauma-informed approach in schools. 7
(5) On or before July 1, 2021, each local board of education [and board of a public 8
charter school ]shall develop a plan for implementing a trauma-informed approach 9
in its schools. The plan shall include but not be limited to strategies for: 10
(a) Enhancing trauma awareness throughout the school community; 11
(b) Conducting an assessment of the school climate, including but not limited to 12
inclusiveness and respect for diversity; 13
(c) Developing trauma-informed discipline policies; 14
(d) Collaborating with the Department of Kentucky State Police, the local sheriff, 15
and the local chief of police to create procedures for notification of trauma-16
exposed students; and 17
(e) Providing services and programs designed to reduce the negative impact of 18
trauma, support critical learning, and foster a positive and safe school 19
environment for every student. 20
Section 4. The following KRS sections are repealed: 21
160.1590 Definitions for KRS 160.1590 to 160.1599. 22
160.1591 Legislative findings and declarations -- Public charter school project. 23
160.1592 Public charter schools part of state's public education system -- Exemption 24
from laws and regulations -- School requirements -- Enrollment option information 25
for parents -- Board of directors -- Buildings and grounds, liability insurance, and 26
other undertakings -- Requirement to be nonsectarian and nondiscriminatory -- 27 UNOFFICIAL COPY 22 RS BR 421
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Authorized grade levels -- Programs and services for students with disabilities -- 1
Participation in athletic, academic, and other programs -- Single-sex public charter 2
schools permitted -- Amendments to charter contract -- Acceptance of credits 3
earned and grades received in public charter school -- Leave of absence to teach in 4
public charter school. 5
160.1593 Application to establish public charter school -- Submission to authorizer and 6
state board -- Required application information. 7
160.1594 Public charter school authorizer -- Duties -- Application reviews and decisions 8
-- Criteria for approval -- Explanation of decision -- Final approval by 9
commissioner of education -- School board member charter authorization 10
training. 11
160.1595 Appeal of approval or denial to state board -- Judicial review -- Report of 12
reconsideration. 13
160.1596 Board of directors of public charter schools -- Required elements of charter 14
contract with authorizer -- Administrative regulations -- Application for federal 15
funds -- Annual report by authorizer. 16
160.1597 Term of approved charter school contract -- Contract between board of 17
directors and authorizer's governing body -- Corporate powers -- Prohibition against 18
tax levies and use of eminent domain -- Immunity from liability. 19
160.1598 Renewal or nonrenewal of charter contract -- School performance report -- 20
Reasons for nonrenewal or revocation -- Administrative regulations -- Report of 21
action taken and reason for decision -- School closure protocol. 22
160.1599 Conversion of public noncharter school to public charter school -- 23
Establishment requirements -- Administrative regulations -- Governance -- 24
Enrollment requirements -- Employees -- Collective bargaining -- School facilities. 25
161.141 Requirements and prohibitions concerning public charter school employees and 26
local school boards. 27