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AN ACT relating to education mandates. 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) (a) The Kentucky Department of Education shall establish[, direct,] and maintain 4
a statewide program of professional development to improve instruction in the 5
public schools. 6
(b) The Kentucky Board of Education shall not impose a professional 7
development or training requirement that is not expressly required by state 8
or federal law. 9
(c) The Kentucky Department of Education shall not enforce a professional 10
development or training requirement that is not expressly required by state 11
or federal law. 12
(2) Each local school district superintendent shall appoint a certified school employee 13
to fulfill the role and responsibilities of a professional development coordinator who 14
shall disseminate professional development information to schools and personnel. 15
Upon request by a school council or any employees of the district, the coordinator 16
shall provide technical assistance to the council or the personnel that may include 17
assisting with needs assessments, analyzing school data, planning and evaluation 18
assistance, organizing districtwide programs requested by school councils or groups 19
of teachers, or other coordination activities. 20
(a) The manner of appointment, qualifications, and other duties of the 21
professional development coordinator shall be established by the local board 22
of education[Kentucky Board of Education through promulgation of 23
administrative regulations]. 24
(b) The local district professional development coordinator may[shall] participate 25
in the Kentucky Department of Education annual training program for local 26
school district professional development coordinators. The training program 27 UNOFFICIAL COPY 22 RS BR 1559
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may include, but not be limited to, the demonstration of various approaches to 1
needs assessment and planning; strategies for implementing long-term, 2
school-based professional development; strategies for strengthening teachers' 3
roles in the planning, development, and evaluation of professional 4
development; and demonstrations of model professional development 5
programs. The training shall include information about teacher learning 6
opportunities relating to the core content standards. The Kentucky Department 7
of Education shall regularly collect and distribute this information. 8
(3) The Kentucky Department of Education shall provide or facilitate optional, 9
professional development programs for certified personnel throughout the 10
Commonwealth that are based on the statewide needs of teachers, administrators, 11
and other education personnel. Programs may include classified staff and parents 12
when appropriate. Programs offered or facilitated by the department shall be at 13
locations and times convenient to local school personnel and shall be made 14
accessible through the use of technology when appropriate. They shall include 15
programs that: address the goals for Kentucky schools as stated in KRS 158.6451, 16
including reducing the achievement gaps as determined by an equity analysis of the 17
disaggregated student performance data from the state assessment program 18
developed under KRS 158.6453; engage educators in effective learning processes 19
and foster collegiality and collaboration; and provide support for staff to incorporate 20
newly acquired skills into their work through practicing the skills, gathering 21
information about the results, and reflecting on their efforts. Professional 22
development programs shall be made available to teachers based on their needs 23
which shall include but not be limited to the following areas: 24
(a) Strategies to reduce the achievement gaps among various groups of students 25
and to provide continuous progress; 26
(b) Curriculum content and methods of instruction for each content area, 27 UNOFFICIAL COPY 22 RS BR 1559
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including differentiated instruction; 1
(c) School-based decision making; 2
(d) Assessment literacy; 3
(e) Integration of performance-based student assessment into daily classroom 4
instruction; 5
(f) Nongraded primary programs; 6
(g) Research-based instructional practices; 7
(h) Instructional uses of technology; 8
(i) Curriculum design to serve the needs of students with diverse learning styles 9
and skills and of students of diverse cultures; 10
(j) Instruction in reading, including phonics, phonemic awareness, 11
comprehension, fluency, and vocabulary; 12
(k) Educational leadership; and 13
(l) Strategies to incorporate character education throughout the curriculum. 14
(4) The department shall assist school personnel in assessing the impact of professional 15
development on their instructional practices and student learning. 16
(5) Upon the request of a school district or school council, the department shall assist[ 17
districts and school councils] with the development of long-term school and district 18
improvement plans that include multiple strategies for professional development 19
based on the assessment of needs at the school level. 20
(a) Professional development strategies may include but are not limited to 21
participation in subject matter academies, teacher networks, training institutes, 22
workshops, seminars, and study groups; collegial planning; action research; 23
mentoring programs; appropriate university courses; and other forms of 24
professional development. 25
(b) In planning the use of up to[the] four (4) days for professional development 26
under KRS 158.070, school councils and districts may[shall] give priority to 27 UNOFFICIAL COPY 22 RS BR 1559
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programs that increase teachers' understanding of curriculum content and 1
methods of instruction appropriate for each content area based on individual 2
school plans. The district may use up to one (1) day to provide district-wide 3
training and training that is mandated by state or federal law. Only those 4
employees identified in the mandate or affected by the mandate shall be 5
required to attend the training. 6
(c) State funds allocated for professional development shall be used to support 7
professional development initiatives that are consistent with local school 8
improvement and professional development plans and teachers' individual 9
growth plans. The funds may be used throughout the year for all staff, 10
including classified and certified staff and parents on school councils or 11
committees. A portion of the funds allocated to each school council under 12
KRS 160.345 may be used to prepare or enhance the teachers' knowledge and 13
teaching practices related to the content and subject matter that are required 14
for their specific classroom assignments. 15
(6) (a) [By August 1, 2010, ]The Kentucky Cabinet for Health and Family Services 16
shall post on its Web page suicide prevention awareness information, to 17
include recognizing the warning signs of a suicide crisis. The Web page shall 18
include information related to suicide prevention training opportunities 19
offered by the cabinet or an agency recognized by the cabinet as a training 20
provider. 21
(b) By September 15 of each year, every public school shall provide suicide 22
prevention awareness information in person, by live streaming, or via a video 23
recording to all students in grades six (6) through twelve (12). The 24
information may be obtained from the Cabinet for Health and Family Services 25
or from a commercially developed suicide prevention training program. 26
(c) [1. Beginning with the 2018-2019 school year, and every year thereafter, A 27 UNOFFICIAL COPY 22 RS BR 1559
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minimum of]The Kentucky Department of Education shall make one (1) 1
hour of high-quality suicide prevention training, including the recognition of 2
signs and symptoms of possible mental illness, available[shall be required] for 3
all school district and public charter school employees[ with job duties 4
requiring direct contact with students in grades six (6) through twelve (12)]. 5
The training shall be provided either in person, by live streaming, or via a 6
video recording and may be included in the four (4) days of professional 7
development permitted under KRS 158.070. 8
[2. When a staff member subject to the training under subparagraph 1. of 9
this paragraph is initially hired during a school year in which the training 10
is not required, the local district shall provide suicide prevention 11
materials to the staff member for review. 12
(d) The requirements of paragraphs (b) and (c) of this subsection shall apply to 13
public charter schools as a health and safety requirement under KRS 14
160.1592(1).] 15
(7) [(a) ]The Kentucky Department of Education shall make a[By November 1, 16
2019, and November 1 of each year thereafter, a minimum of] one (1) hour[ of] 17
training on how to respond to an active shooter situation available to[shall be 18
required for] all school district employees[ with job duties requiring direct contact 19
with students]. The training shall be provided either in person, by live streaming, or 20
via a video recording prepared by the Kentucky Department of Criminal Justice 21
Training in collaboration with the Kentucky Law Enforcement Council, the 22
Kentucky Department of Education, and the Center for School Safety and may be 23
included in the four (4) days of professional development permitted under KRS 24
158.070. 25
[(b) When a staff member subject to the training requirements of this subsection is 26
initially hired after the training has been provided for the school year, the local 27 UNOFFICIAL COPY 22 RS BR 1559
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district shall provide materials on how to respond to an active shooter 1
situation. 2
(c) The requirements of this subsection shall also apply to public charter schools 3
as a health and safety requirement under KRS 160.1592(1).] 4
(8) (a) The Kentucky Department of Education shall develop and maintain a list of 5
approved comprehensive evidence-informed trainings on child abuse and 6
neglect prevention, recognition, and reporting that encompass child physical, 7
sexual, and emotional abuse and neglect. 8
(b) The trainings shall be Web-based or in-person and cover, at a minimum, the 9
following topics: 10
1. Recognizing child physical, sexual, and emotional abuse and neglect; 11
2. Reporting suspected child abuse and neglect in Kentucky as required by 12
KRS 620.030 and the appropriate documentation; 13
3. Responding to the child; and 14
4. Understanding the response of child protective services. 15
(c) The trainings shall include a questionnaire or other basic assessment tool upon 16
completion to document basic knowledge of training components. 17
(d) Each local board of education may[shall] adopt one (1) or more trainings from 18
the list approved by the Department of Education to be implemented by 19
schools. The training may be included in the four (4) days of professional 20
development permitted under Section 2 of this Act. 21
(e) [All current school administrators, certified personnel, office staff, 22
instructional assistants, and coaches and extracurricular sponsors who are 23
employed by the school district shall complete the implemented training or 24
trainings by January 31, 2017, and then every two (2) years after. 25
(f) All school administrators, certified personnel, office staff, instructional 26
assistants, and coaches and extracurricular sponsors who are employed by the 27 UNOFFICIAL COPY 22 RS BR 1559
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school district hired after January 31, 2017, shall complete the implemented 1
training or trainings within ninety (90) days of being hired and then every two 2
(2) years after. 3
(g) ]Every public school shall prominently display the statewide child abuse 4
hotline number administered by the Cabinet for Health and Family Services, 5
and the National Human Trafficking Reporting Hotline number administered 6
by the United States Department for Health and Human Services. 7
(9) The Department of Education shall establish an electronic consumer bulletin board 8
that posts information regarding professional development providers and programs 9
as a service to school district central office personnel, school councils, teachers, and 10
administrators. Participation on the electronic consumer bulletin board shall be 11
voluntary for professional development providers or vendors, but shall include all 12
programs sponsored by the department. Participants shall provide the following 13
information: program title; name of provider or vendor; qualifications of the 14
presenters or instructors; objectives of the program; program length; services 15
provided, including follow-up support; costs for participation and costs of materials; 16
names of previous users of the program, addresses, and telephone numbers; and 17
arrangements required. Posting information on the bulletin board by the department 18
shall not be viewed as an endorsement of the quality of any specific provider or 19
program. 20
(10) The Department of Education shall provide voluntary training to address the 21
characteristics and instructional needs of students at risk of school failure and most 22
likely to drop out of school. The training shall be developed to meet the specific 23
needs of all certified and classified personnel depending on their relationship with 24
these students. The training for instructional personnel shall be designed to provide 25
and enhance skills of personnel to: 26
(a) Identify at-risk students early in elementary schools as well as at-risk and 27 UNOFFICIAL COPY 22 RS BR 1559
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potential dropouts in the middle and high schools; 1
(b) Plan specific instructional strategies to teach at-risk students; 2
(c) Improve the academic achievement of students at risk of school failure by 3
providing individualized and extra instructional support to increase 4
expectations for targeted students; 5
(d) Involve parents as partners in ways to help their children and to improve their 6
children's academic progress; and 7
(e) Significantly reduce the dropout rate of all students. 8
(11) The department shall establish teacher academies to the extent funding is available 9
in cooperation with postsecondary education institutions for elementary, middle 10
school, and high school faculty in core disciplines, utilizing facilities and faculty 11
from universities and colleges, local school districts, and other appropriate agencies 12
throughout the state. Priority for participation shall be given to those teachers who 13
are teaching core discipline courses for which they do not have a major or minor or 14
the equivalent. Participation of teachers shall be voluntary. 15
(12) The department shall annually provide to the oversight council established in KRS 16
15A.063, the information received from local schools pursuant to KRS 158.449. 17
Section 2. KRS 158.070 is amended to read as follows: 18
(1) As used in this section: 19
(a) "Election" has the same meaning as in KRS 121.015; 20
(b) "Minimum school term" or "school term" means not less than one hundred 21
eighty-five (185) days composed of the student attendance days, teacher 22
professional days, and holidays; 23
(c) "School calendar" means the document adopted by a local board of education 24
that establishes the minimum school term, student instructional year or 25
variable student instructional year, and days that school will not be in session; 26
(d) "School district calendar committee" means a committee that includes at least 27 UNOFFICIAL COPY 22 RS BR 1559
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the following: 1
1. One (1) school district principal; 2
2. One (1) school district office administrator other than the 3
superintendent; 4
3. One (1) member of the local board of education; 5
4. Two (2) parents of students attending a school in the district; 6
5. One (1) school district elementary school teacher; 7
6. One (1) school district middle or high school teacher; 8
7. Two (2) school district classified employees; and 9
8. Two (2) community members from the local chamber of commerce, 10
business community, or tourism commission; 11
(e) "Student attendance day" means any day that students are scheduled to be at 12
school to receive instruction, and encompasses the designated start and 13
dismissal time; 14
(f) "Student instructional year" means at least one thousand sixty-two (1,062) 15
hours of instructional time for students delivered on not less than one hundred 16
seventy (170) student attendance days; 17
(g) "Teacher professional day" means any day teachers are required to report to 18
work as determined by a local board of education, with or without the 19
presence of students; and 20
(h) "Variable student instructional year" means at least one thousand sixty-two 21
(1,062) hours of instructional time delivered on the number of student 22
attendance days adopted by a local board of education which shall be 23
considered proportionally equivalent to one hundred seventy (170) student 24
attendance days and calendar days for the purposes of a student instructional 25
year, employment contracts that are based on the school term, service credit 26
under KRS 161.500, and funding under KRS 157.350. 27 UNOFFICIAL COPY 22 RS BR 1559
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(2) (a) [Beginning with the 2018-2019 school year, and each year thereafter, ]The 1
local board of education, upon recommendation of the local school district 2
superintendent, shall annually appoint a school district calendar committee to 3
review, develop, and recommend school calendar options. 4
(b) The school district calendar committee, after seeking feedback from school 5
district employees, parents, and community members, shall recommend 6
school calendar options to the local school district superintendent for 7
presentation to the local board of education. The committee's 8
recommendations shall comply with state laws and regulations and consider 9
the economic impact of the school calendar on the community and the state. 10
(c) Prior to adopting a school calendar, the local board of education shall hear for 11
discussion the school district calendar committee's recommendations and the 12
recommendation of the superintendent at a meeting of the local board of 13
education. 14
(d) During a subsequent meeting of the local board of education, the local board 15
shall adopt a school calendar for the upcoming school year that establishes the 16
opening and closing dates of the school term, beginning and ending dates of 17
each school month, student attendance days, and days on which schools shall 18
be dismissed. The local board may schedule days for breaks in the school 19
calendar that shall not be counted as a part of the minimum school term. 20
(e) For local board of education meetings described in paragraphs (c) and (d) of 21
this subsection, if the meeting is a regular meeting, notice shall be given to 22
media outlets that have requests on file to be notified of special meetings 23
stating the date of the regular meeting and that one (1) of the items to be 24
considered in the regular meeting will be the school calendar. The notice shall 25
be sent at least twenty-four (24) hours before the regular meeting. This 26
requirement shall not be deemed to make any requirements or limitations 27 UNOFFICIAL COPY 22 RS BR 1559
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relating to special meetings applicable to the regular meeting. 1
(f) [Beginning with the 2018-2019 school year, and each year thereafter, ]A local 2
school board of education that adopts a school calendar with the first student 3
attendance day in the school term starting no earlier than the Monday closest 4
to August 26 may use a variable student instructional year. Districts may set 5
the length of individual student attendance days in a variable student 6
instructional schedule, but no student attendance day shall contain more than 7
seven (7) hours of instructional time unless the district submitted and received 8
approval from the commissioner of education for an innovative alternative 9
calendar. 10
(3) (a) Each local board of education may[shall] use up to four (4) days of the 11
minimum school term for professional development and collegial planning 12
activities for the professional staff without the presence of students pursuant 13
to the requirements of KRS 156.095. At the discretion of the superintendent, 14
up to one (1) day of professional development may be used for district-wide 15
activities and for training that is mandated by federal or state law. The use of 16
up to three (3) days may[shall] be planned by each school council, except that 17
the district is encouraged to provide technical assistance and leadership to 18
school councils to maximize existing resources and to encourage shared 19
planning. 20
(b) [At least one (1) hour of self-study review of seizure disorder materials shall 21
be required for all principals, guidance counselors, and teachers hired after 22
July 1, 2019. 23
(c) ]1. A local board may approve a school's flexible professional development 24
plan that permits teachers or other certified personnel within a school to 25
participate in professional development activities outside the days 26
scheduled in the school calendar or the regularly scheduled hours in the 27 UNOFFICIAL COPY 22 RS BR 1559
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school work day and receive credit towards the four (4) day professional 1
development requirement within the minimum one hundred eighty-five 2
(185) days that a teacher shall be employed. 3
2. A flexible schedule option shall be reflected in the school's professional 4
development component within the school improvement plan and 5
approved by the local board. Credit for approved professional 6
development activities may be accumulated in periods of time other than 7
full day segments. 8
3. No teacher or administrator shall be permitted to count participation in a 9
professional development activity under the flexible schedule option 10
unless the activity is related to the teacher's classroom assignment and 11
content area, or the administrator's job requirements, or is required by 12
the school improvement plan, or is tied to the teacher's or the 13
administrator's individual growth plan. The supervisor shall give prior 14
approval and shall monitor compliance with the requirements of this 15
paragraph. In the case of teachers, a professional development 16
committee or the school council by council policy may be responsible 17
for reviewing requests for approval. 18
(c)[(d)] The local board of each school district may use up to a maximum of four 19
(4) days of the minimum school term for holidays; provided, however, any 20
holiday which occurs on Saturday may be observed on the preceding Friday. 21
(d)[(e)] Each local board may use two (2) days for planning activities without 22
the presence of students. 23
(e)[(f)] Each local board may close schools for the number of days deemed 24
necessary for: 25
1. National or state emergency or mourning when proclaimed by the 26
President of the United States or the Governor of the Commonwealth of 27 UNOFFICIAL COPY 22 RS BR 1559
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Kentucky; 1
2. Local emergency which would endanger the health or safety of children; 2
and 3
3. Mourning when so designated by the local board of education and 4
approved by the Kentucky Board of Education upon recommendation of 5
the commissioner of education. 6
(4) (a) The Kentucky Board of Education, upon recommendation of the 7
commissioner of education, shall adopt administrative regulations governing 8
the use of student attendance days as a result of a local emergency, as 9
described in subsection (3)(f)2. of this section, and regulations setting forth 10
the guidelines and procedures to be observed for the approval of waivers from 11
the requirements of a student instructional year in subsection (1)(f) of this 12
section for districts that wish to adopt innovative instructional calendars, or 13
for circumstances that would create extreme hardship. 14
(b) If a local board of education amends its school calendar after its adoption due 15
to an emergency, it may lengthen or shorten any remaining student attendance 16
days by thirty (30) minutes or more, as it deems necessary, provided the 17
amended calendar complies with the requirements of a student instructional 18
year in subsection (1)(f) of this section or a variable student instructional year 19
in subsection (1)(h) of this section. No student attendance day shall contain 20
more than seven (7) hours of instructional time unless the district submitted 21
and received approval from the commissioner of education for an innovative 22
alternative calendar. 23
(5) (a) 1. In setting the school calendar, school may be closed for two (2) 24
consecutive days for the purpose of permitting professional school 25
employees to attend statewide professional meetings. 26
2. These two (2) days for statewide professional meetings may be 27 UNOFFICIAL COPY 22 RS BR 1559
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scheduled to begin with the first Thursday after Easter, or upon request 1
of the statewide professional education association having the largest 2
paid membership, the commissioner of education may designate 3
alternate dates. 4
3. If schools are scheduled to operate during days designated for the 5
statewide professional meeting, the school district shall permit 6
employees who are delegates to attend as compensated professional 7
leave time and shall employ substitute teachers in their absence. 8
4. The commissioner of education shall designate one (1) additional day 9
during the school year when schools may be closed to permit 10
professional school employees to participate in regional or district 11
professional meetings. 12
5. These three (3) days so designated for attendance at professional 13
meetings may be counted as a part of the minimum school term. 14
(b) 1. If any school in a district is used as a polling place, the school district 15
shall be closed on the day of the election, and those days may be used 16
for professional development activities, professional meetings, or 17
parent-teacher conferences. 18
2. A district may be open on the day of an election if no school in the 19
district is used as a polling place. 20
(c) All schools shall be closed on the third Monday of January in observance of 21
the birthday of Martin Luther King, Jr. Districts may: 22
1. Designate the day as one (1) of the four (4) holidays permitted under 23
subsection (3)(d) of this section; or 24
2. Not include the day in the minimum school term specified in subsection 25
(1) of this section. 26
(6) (a) The Kentucky Board of Education, or the organization or agency designated 27 UNOFFICIAL COPY 22 RS BR 1559
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by the board to manage interscholastic athletics, shall be encouraged to 1
schedule athletic competitions outside the regularly scheduled student 2
attendance day. 3
(b) [Beginning with the 2009-2010 school year, ]Any member of a school-4
sponsored interscholastic athletic team who competes in a regional 5
tournament or state tournament sanctioned by the Kentucky Board of 6
Education, or the organization or agency designated by the board to manage 7
interscholastic athletics, and occurring on a regularly scheduled student 8
attendance day may be counted present at school on the date or dates of the 9
competition, as determined by local board policy, for a maximum of two (2) 10
days per student per year. The student shall be expected to complete any 11
assignments missed on the date or dates of the competition. 12
(c) The school attendance record of any student for whom paragraph (b) of this 13
subsection applies shall indicate that the student was in attendance on the date 14
or dates of competition. 15
(7) Students applying for excused absence for attendance at the Kentucky State Fair 16
shall be granted one (1) day of excused absence. 17
(8) Schools shall provide continuing education for those students who are determined 18
to need additional time to achieve the outcomes defined in KRS 158.6451, and 19
schools shall not be limited to the minimum school term in providing this 20
education. Continuing education time may include extended days, extended weeks, 21
or extended years. A local board of education may adopt a policy requiring its 22
students to participate in continuing education. The local policy shall set out the 23
conditions under which attendance will be required and any exceptions which are 24
provided. The Kentucky Board of Education shall promulgate administrative 25
regulations establishing criteria for the allotment of grants to local school districts 26
and shall include criteria by which the commissioner of education may approve a 27 UNOFFICIAL COPY 22 RS BR 1559
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district's request for a waiver to use an alternative service delivery option, including 1
providing services during the student attendance day on a limited basis. These 2
grants shall be allotted to school districts to provide instructional programs for 3
pupils who are identified as needing additional time to achieve the outcomes 4
defined in KRS 158.6451. A school district that has a school operating a model 5
early reading program under KRS 158.792 may use a portion of its grant money as 6
part of the matching funds to provide individualized or small group reading 7
instruction to qualified students outside of the regular classroom during the student 8
attendance day. 9
(9) Notwithstanding any other statute, each school term shall include no less than the 10
equivalent of the student instructional year in subsection (1)(f) of this section, or a 11
variable student instructional year in subsection (1)(h) of this section, except that 12
the commissioner of education may grant up to the equivalent of ten (10) student 13
attendance days for school districts that have a nontraditional instruction plan 14
approved by the commissioner of education on days when the school district is 15
closed for health or safety reasons. The district's plan shall indicate how the 16
nontraditional instruction process shall be a continuation of learning that is 17
occurring on regular student attendance days. Instructional delivery methods, 18
including the use of technology, shall be clearly delineated in the plan. Average 19
daily attendance for purposes of Support Education Excellence in Kentucky 20
program funding during the student attendance days granted shall be calculated in 21
compliance with administrative regulations promulgated by the Kentucky Board of 22
Education. 23
(10) [By December 31, 2018, ]The Kentucky Board of Education shall promulgate 24
administrative regulations[ to be effective beginning with the 2019-2020 school 25
year] to prescribe the conditions and procedures for districts to be approved for the 26
nontraditional instruction program. Administrative regulations promulgated by the 27 UNOFFICIAL COPY 22 RS BR 1559
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board under this section shall specify: 1
(a) The application, plan review, approval, and amendment process; 2
(b) Reporting requirements for districts approved for the program, which may 3
include but are not limited to examples of student work, lesson plans, teacher 4
work logs, and student and teacher participation on nontraditional instruction 5
days. Documentation to support the use of nontraditional instruction days 6
shall include clear evidence of learning continuation; 7
(c) Timelines for initial approval as a nontraditional instruction district, length of 8
approval, the renewal process, and ongoing evaluative procedures required of 9
the district; 10
(d) Reporting and oversight responsibilities of the district and the Kentucky 11
Department of Education, including the documentation required to show clear 12
evidence of learning continuation during nontraditional instruction days; and 13
(e) Other components deemed necessary to implement this section. 14
(11) Notwithstanding the provisions of KRS 158.060(3) and the provisions of subsection 15
(2) of this section, a school district shall arrange bus schedules so that all buses 16
arrive in sufficient time to provide breakfast prior to the beginning of the student 17
attendance day. In the event of an unforeseen bus delay, the administrator of a 18
school that participates in the Federal School Breakfast Program may authorize up 19
to fifteen (15) minutes of the student attendance day if necessary to provide the 20
opportunity for children to eat breakfast not to exceed eight (8) times during the 21
school year within a school building. 22
(12) Notwithstanding any other statute to the contrary, the following provisions shall 23
apply to a school district that misses student attendance days due to emergencies, 24
including weather-related emergencies: 25
(a) A certified school employee shall be considered to have fulfilled the minimum 26
one hundred eighty-five (185) day contract with a school district under KRS 27 UNOFFICIAL COPY 22 RS BR 1559
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157.350 and shall be given credit for the purpose of calculating service credit 1
for retirement under KRS 161.500 for certified school personnel if: 2
1. State and local requirements under this section are met regarding the 3
equivalent of the number and length of student attendance days, teacher 4
professional days, professional development days, holidays, and days for 5
planning activities without the presence of students; and 6
2. The provisions of the district's school calendar to make up student 7
attendance days missed due to any emergency, as approved by the 8
Kentucky Department of Education when required, including but not 9
limited to a provision for additional instructional time per day, are met. 10
(b) Additional time worked by a classified school employee shall be considered as 11
equivalent time to be applied toward the employee's contract and calculation 12
of service credit for classified employees under KRS 78.615 if: 13
1. The employee works for a school district with a school calendar 14
approved by the Kentucky Department of Education that contains a 15
provision that additional instructional time per day shall be used to make 16
up full days missed due to an emergency; 17
2. The employee's contract requires a minimum six (6) hour work day; and 18
3. The employee's job responsibilities and work day are extended when the 19
instructional time is extended for the purposes of making up time. 20
(c) Classified employees who are regularly scheduled to work less than six (6) 21
hours per day and who do not have additional work responsibilities as a result 22
of lengthened student attendance days shall be excluded from the provisions 23
of this subsection. These employees may be assigned additional work 24
responsibilities to make up service credit under KRS 78.615 that would be 25
lost due to lengthened student attendance days. 26
Section 3. KRS 158.649 is amended to read as follows: 27 UNOFFICIAL COPY 22 RS BR 1559
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(1) "Achievement gap" means the difference between performance goals and actual 1
performance on each of the tested areas by grade level of the state assessment 2
program for each of the various subgroups of students as described in the Every 3
Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, including male 4
and female students, students with and without disabilities, students with and 5
without English proficiency, minority and nonminority students, and students who 6
are eligible for free and reduced lunch and those who are not eligible for free and 7
reduced lunch. 8
(2) By October 1 of each year, the Department of Education shall provide each school 9
council, or the principal if a school council does not exist, data on its students' 10
performance as shown by the state assessment program described in KRS 158.6453. 11
The data shall include but not be limited to information on performance levels of all 12
students tested, and information on the performance of students disaggregated by 13
race, gender, disability, English proficiency, and participation in the federal free and 14
reduced price lunch program, and any other subgroups as described in the Every 15
Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor. The 16
information from the department shall include an equity analysis that shall identify 17
the substantive differences among the various groups of students identified in 18
subsection (1) of this section. Beginning with the 2012-2013 school year, the 19
reporting requirement in this subsection shall be no later than seventy-five (75) days 20
following the first day the assessment can be administered. 21
(3) Each local board of education upon the recommendation of the local district 22
superintendent shall adopt a policy for reviewing the academic performance on the 23
state assessments required under KRS 158.6453 for various groups of students, 24
including major racial groups, gender, disability, free and reduced price school 25
lunch eligibility, and limited English proficiency. The local board policy shall be 26
consistent with Kentucky Board of Education administrative regulations. Upon 27 UNOFFICIAL COPY 22 RS BR 1559
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agreement of the school-based decision making council, or the principal if there is 1
not a council, and the superintendent, the local board shall establish an annual target 2
for each school for reducing identified gaps in achievement as set out in subsection 3
(4) of this section. 4
(4) By February 1 of each year, the school-based decision making council, or the 5
principal if there is not a council, with the involvement of parents, faculty, and staff 6
shall set the school's targets for eliminating any achievement gap and submit them 7
to the superintendent for consideration. The superintendent and the school-based 8
decision making council, or the principal if there is not a council, shall agree on the 9
targets before they are submitted to the local board of education for adoption. 10
(5) By January 1 of each year, the school council, or the principal if a school council 11
does not exist, with the involvement of parents, faculty, and staff, shall review the 12
data and revise the school improvement plan to include the targets, strategies, 13
activities, and a time schedule calculated to eliminate the achievement gap among 14
various groups of students to the extent it may exist. The plan shall include but not 15
be limited to activities designed to address the following areas: 16
(a) Curriculum alignment within the school and with schools that send or receive 17
the school's students; 18
(b) Evaluation and assessment strategies to continuously monitor and modify 19
instruction to meet student needs and support proficient student work; 20
(c) [Professional development to address the goals of the plan; 21
(d) ]Parental communication and involvement; 22
(d)[(e)] Attendance improvement and dropout prevention; and 23
(e)[(f)] Technical assistance that will be accessed. 24
(6) The principal shall convene a public meeting at the school to present and discuss the 25
plan prior to submitting it to the superintendent and the local board of education for 26
review, in the public meeting required under KRS 160.340. 27 UNOFFICIAL COPY 22 RS BR 1559
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(7) Based on the disaggregated assessment results, the local board shall determine if 1
each school achieved its targets for each group of students. Only data for a group of 2
students including ten (10) or more students shall be considered. 3
(8) Notwithstanding KRS 160.345(8) and 158.070(8), if a local board determines that a 4
school has not met its target to reduce the identified gap in student achievement for 5
a group of students, the local board shall require the council, or the principal if no 6
council exists, to submit its revisions to the school improvement plan describing the 7
use of professional development funds and funds allocated for continuing education 8
to reduce the school's achievement gap for review and approval by the 9
superintendent. The plan shall address how the school will meet the academic needs 10
of the students in the various groups identified in subsection (1) of this section. 11
(9) The superintendent shall report to the local school board and the commissioner of 12
education if a school fails to meet its targets in any academic content area to reduce 13
the gap in student achievement for any student group for two (2) consecutive years. 14
The school's improvement plan shall be subject to review and approval by the 15
Kentucky Department of Education and the school shall submit an annual status 16
report. The Department of Education may provide assistance as defined in KRS 17
160.346 to schools as it deems necessary to assist the school in meeting its goals. 18
(10) The school-based decision making council, or the principal if there is not a council, 19
shall no longer be required to seek approval of the plan under subsections (8) and 20
(9) of this section when it meets its target for reducing the gap in student 21
achievement for the various groups of students identified in subsection (1) of this 22
section. 23
Section 4. KRS 158.148 is amended to read as follows: 24
(1) (a) As used in this section, "bullying" means any unwanted verbal, physical, or 25
social behavior among students that involves a real or perceived power 26
imbalance and is repeated or has the potential to be repeated: 27 UNOFFICIAL COPY 22 RS BR 1559
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1. That occurs on school premises, on school-sponsored transportation, or 1
at a school-sponsored event; or 2
2. That disrupts the education process. 3
(b) This definition shall not be interpreted to prohibit civil exchange of opinions 4
or debate or cultural practices protected under the state or federal Constitution 5
where the opinion expressed does not otherwise materially or substantially 6
disrupt the education process. 7
(2) In cooperation with the Kentucky Education Association, the Kentucky School 8
Boards Association, the Kentucky Association of School Administrators, the 9
Kentucky Association of Professional Educators, the Kentucky Association of 10
School Superintendents, the Parent-Teachers Association, the Kentucky Chamber of 11
Commerce, the Farm Bureau, members of the Interim Joint Committee on 12
Education, and other interested groups, and in collaboration with the Center for 13
School Safety, the Department of Education shall develop or update as needed and 14
distribute to all districts by August 31 of each even-numbered year, beginning 15
August 31, 2008: 16
(a) Statewide student discipline guidelines to ensure safe schools, including the 17
definition of serious incident for the reporting purposes as identified in KRS 18
158.444; 19
(b) Recommendations designed to improve the learning environment and school 20
climate, parental and community involvement in the schools, and student 21
achievement; and 22
(c) A model policy to implement the provisions of this section and KRS 158.156, 23
158.444, 525.070, and 525.080. 24
(3) The department shall obtain statewide data on major discipline problems and 25
reasons why students drop out of school. In addition, the department, in 26
collaboration with the Center for School Safety, shall identify successful strategies 27 UNOFFICIAL COPY 22 RS BR 1559
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currently being used in programs in Kentucky and in other states and shall 1
incorporate those strategies into the statewide guidelines and the recommendations 2
under subsection (2) of this section. 3
(4) Copies of the discipline guidelines shall be distributed to all school districts. The 4
statewide guidelines shall contain broad principles and legal requirements to guide 5
local districts in developing their own discipline code and school councils in the 6
selection of discipline and classroom management techniques under KRS 158.154; 7
and in the development of the district-wide safety plan. 8
(5) (a) Each local board of education shall be responsible for formulating a code of 9
acceptable behavior and discipline to apply to the students in each school 10
operated by the board. The code shall be updated no less frequently than every 11
two (2) years, with the first update being completed by November 30, 2008. 12
(b) The superintendent, or designee, shall be responsible for overall 13
implementation and supervision, and each school principal shall be 14
responsible for administration and implementation within each school. Each 15
school council shall select and implement the appropriate discipline and 16
classroom management techniques necessary to carry out the code. The board 17
shall establish a process for a two-way communication system for teachers 18
and other employees to notify a principal, supervisor, or other administrator of 19
an existing emergency. 20
(c) The code shall prohibit bullying. 21
(d) The code shall contain the type of behavior expected from each student, the 22
consequences of failure to obey the standards, and the importance of the 23
standards to the maintenance of a safe learning environment where orderly 24
learning is possible and encouraged. 25
(e) The code shall contain: 26
1. Procedures for identifying, documenting, and reporting incidents of 27 UNOFFICIAL COPY 22 RS BR 1559
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bullying, incidents of violations of the code, and incidents for which 1
reporting is required under KRS 158.156; 2
2. Procedures for investigating and responding to a complaint or a report of 3
bullying or a violation of the code, or of an incident for which reporting 4
is required under KRS 158.156, including reporting incidents to the 5
parents, legal guardians, or other persons exercising custodial control or 6
supervision of the students involved; 7
3. A strategy or method of protecting from retaliation a complainant or 8
person reporting an incident of bullying, a violation of the code, or an 9
incident for which reporting is required under KRS 158.156; 10
4. A process for informing students, parents, legal guardians, or other 11
persons exercising custodial control or supervision, and school 12
employees of the requirements of the code and the provisions of this 13
section and KRS 158.156, 158.444, 525.070, and 525.080[, including 14
training for school employees]; and 15
5. Information regarding the consequences of bullying and violating the 16
code and violations reportable under KRS 158.154, 158.156, or 158.444. 17
(f) The principal of each school shall apply the code of behavior and discipline 18
uniformly and fairly to each student at the school without partiality or 19
discrimination. 20
(g) A copy of the code of behavior and discipline adopted by the board of 21
education shall be posted at each school. Guidance counselors shall be 22
provided copies for discussion with students. The code shall be referenced in 23
all school handbooks. All school employees and parents, legal guardians, or 24
other persons exercising custodial control or supervision shall be provided 25
copies of the code. 26
Section 5. KRS 158.6453 is amended to read as follows: 27 UNOFFICIAL COPY 22 RS BR 1559
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(1) As used in this section: 1
(a) "Accelerated learning" means an organized way of helping students meet 2
individual academic goals by providing direct instruction to eliminate student 3
performance deficiencies or enable students to move more quickly through 4
course requirements and pursue higher level skill development; 5
(b) "Constructed-response items" or "performance-based items" means individual 6
test items that require the student to create an answer rather than select a 7
response and may include fill-in-the-blank, short-answer, extended-answer, 8
open-response, and writing-on-demand formats; 9
(c) "Criterion-referenced test" means a test that is aligned with defined academic 10
content standards and measures an individual student's level of performance 11
against the standards; 12
(d) "End-of-course examination" means the same as defined in KRS 158.860; 13
(e) "Formative assessment" means a process used by teachers and students during 14
instruction to adjust ongoing teaching and learning to improve students' 15
achievement of intended instructional outcomes. Formative assessments may 16
include the use of commercial assessments, classroom observations, teacher-17
designed classroom tests and assessments, and other processes and 18
assignments to gain information about individual student learning; 19
(f) "Interim assessments" means assessments that are given periodically 20
throughout the year to provide diagnostic information and to show individual 21
student performance against content standards; 22
(g) "Summative assessment" means an assessment given at the end of the school 23
year, semester, or other period of time to evaluate students' performance 24
against content standards within a unit of instruction or a course; and 25
(h) "Writing" means a purposeful act of thinking and expression that uses 26
language to explore ideas and communicate meaning to others. Writing is a 27 UNOFFICIAL COPY 22 RS BR 1559
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complex, multifaceted act of communication. 1
(2) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the 2
Kentucky Department of Education shall implement a process for reviewing 3
Kentucky's academic standards and the alignment of corresponding 4
assessments for possible revision or replacement to ensure alignment with 5
transition readiness standards necessary for global competitiveness and with 6
state career and technical education standards. 7
(b) The revisions to the content standards shall: 8
1. Focus on critical knowledge, skills, and capacities needed for success in 9
the global economy; 10
2. Result in fewer but more in-depth standards to facilitate mastery 11
learning; 12
3. Communicate expectations more clearly and concisely to teachers, 13
parents, students, and citizens; 14
4. Be based on evidence-based research; 15
5. Consider international benchmarks; and 16
6. Ensure that the standards are aligned from elementary to high school to 17
postsecondary education so that students can be successful at each 18
education level. 19
(c) 1. The department shall establish four (4) standards and assessments 20
review committees, with each committee composed of a minimum of six 21
(6) Kentucky public school teachers and a minimum of two (2) 22
representatives from Kentucky institutions of higher education, 23
including at least one (1) representative from a public institution of 24
higher education. Each committee member shall teach in the subject area 25
that his or her committee is assigned to review and have no prior or 26
current affiliation with a curriculum or assessment resources vendor. 27 UNOFFICIAL COPY 22 RS BR 1559
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2. One (1) of the four (4) committees shall be assigned to focus on the 1
review of language arts and writing academic standards and 2
assessments, one (1) on the review of mathematics academic standards 3
and assessments, one (1) on the review of science academic standards 4
and assessments, and one (1) on the review of social studies academic 5
standards and assessments. 6
(d) 1. The department shall establish twelve (12) advisory panels to advise and 7
assist each of the four (4) standards and assessments review committees. 8
2. Three (3) advisory panels shall be assigned to each standards and 9
assessments review committee. One (1) panel shall review the standards 10
and assessments for kindergarten through grade five (5), one (1) shall 11
review the standards and assessments for grades six (6) through eight 12
(8), and one (1) shall review the standards and assessments for grades 13
nine (9) through twelve (12). 14
3. Each advisory panel shall be composed of at least one (1) representative 15
from a Kentucky institution of higher education and a minimum of six 16
(6) Kentucky public school teachers who teach in the grade level and 17
subject reviewed by the advisory panel to which they are assigned and 18
have no prior or current affiliation with a curriculum or assessment 19
resources vendor. 20
(e) The commissioner of education and the president of the Council on 21
Postsecondary Education shall also provide consultants for the standards and 22
assessments review committees and the advisory panels who are business and 23
industry professionals actively engaged in career fields that depend on the 24
various content areas. 25
(f) 1. The standards and assessments process review committee is hereby 26
established and shall be composed of the commissioner of education or 27 UNOFFICIAL COPY 22 RS BR 1559
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designee as a nonvoting member and nine (9) voting representatives of 1
public schools, of whom at least two (2) shall be parents of public 2
school students, appointed by the Governor and confirmed by the Senate 3
in accordance with KRS 11.160 as follows: 4
a. One (1) language arts teacher; 5
b. One (1) math teacher; 6
c. One (1) science teacher; 7
d. One (1) social studies teacher; 8
e. Two (2) school principals; 9
f. Two (2) school superintendents; and 10
g. One (1) school board member. 11
2. On making appointments to the committee, the Governor shall ensure 12
broad geographical urban and rural representation and representation of 13
elementary, middle, and high school levels; ensure equal representation 14
of the two (2) sexes, inasmuch as possible; and ensure that appointments 15
reflect the minority racial composition of the Commonwealth. 16
3. The review of the committee shall be limited to the procedural aspects 17
of the review process undertaken prior to its consideration. 18
4. Notwithstanding KRS 12.028, the committee shall not be subject to 19
reorganization by the Governor. 20
(g) 1. The review process implemented under this subsection shall be an open, 21
transparent process that allows all Kentuckians an opportunity to 22
participate. The department shall ensure the public's assistance in 23
reviewing and suggesting changes to the standards and alignment 24
adjustments to corresponding state assessments by establishing a Web 25
site dedicated to collecting comments by the public and educators. An 26
independent third party, which has no prior or current affiliation with a 27 UNOFFICIAL COPY 22 RS BR 1559
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curriculum or assessment resources vendor, shall be selected by the 1
department to collect and transmit the comments to the department for 2
dissemination to the appropriate advisory panel for review and 3
consideration. 4
2. Each advisory panel shall review the standards and assessments for its 5
assigned subject matter and grade level and the suggestions made by the 6
public and educators. After completing its review, each advisory panel 7
shall make recommendations for changes to the standards and alignment 8
adjustments for assessments to the appropriate standards and 9
assessments review committee. 10
3. Each standards and assessments review committee shall review the 11
findings and make recommendations to revise or replace existing 12
standards and to adjust alignment of assessments. 13
4. The recommendations shall be published on the Web site established in 14
this subsection for the purpose of gathering additional feedback from the 15
public. The commissioner shall subsequently present the 16
recommendations and the public feedback to the Interim Joint 17
Committee on Education. 18
5. The commissioner shall subsequently provide a report to the standards 19
and assessments process review committee summarizing the process 20
conducted under this subsection and the resulting recommendations. The 21
report shall include but not be limited to the timeline of the review 22
process, public feedback, and responses from the Interim Joint 23
Committee on Education. 24
6. After receiving the commissioner's report, the standards and assessments 25
process review committee shall either concur that stakeholders have had 26
adequate opportunity to provide input on standards and the 27 UNOFFICIAL COPY 22 RS BR 1559
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corresponding alignment of state assessments or find the input process 1
deficient. If the process is found deficient, the recommendations may be 2
returned to the appropriate standards and assessments review committee 3
for review as described in subparagraph 3. of this paragraph. If the 4
process is found sufficient, the recommendations shall be forwarded 5
without amendment to the Kentucky Board of Education. 6
(h) The Kentucky Board of Education shall promulgate administrative regulations 7
in accordance with KRS Chapter 13A as may be needed for the administration 8
of the review process, including staggering the timing and sequence of the 9
review process by subject area and remuneration of the review committees 10
and advisory panels described in paragraphs (c) and (d) of this subsection. 11
(i) 1. The Kentucky Board of Education shall consider for approval the 12
revisions to academic standards for a content area and the alignment of 13
the corresponding state assessment once recommendations are received 14
from the standards and assessments process review committee. Existing 15
state academic standards shall remain in place until the board approves 16
new standards. 17
2. Any revision to, or replacement of, the academic standards and 18
assessments as a result of the review process conducted under this 19
subsection shall be implemented in Kentucky public schools no later 20
than the second academic year following the review process. Existing 21
academic standards shall be used until new standards are implemented. 22
3. The Department of Education shall disseminate the academic content 23
standards to the schools and teacher preparation programs. 24
(j) The Department of Education shall provide or facilitate voluntary statewide 25
training sessions for existing teachers and administrators on how to: 26
1. Integrate the revised content standards into classroom instruction; 27 UNOFFICIAL COPY 22 RS BR 1559
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2. Better integrate performance assessment of students within their 1
instructional practices; and 2
3. Help all students use higher-order thinking and communication skills. 3
(k) The Education Professional Standards Board in cooperation with the 4
Kentucky Board of Education and the Council on Postsecondary Education 5
shall coordinate information and training sessions for faculty and staff in all of 6
the teacher preparation programs in the use of the revised academic content 7
standards. The Education Professional Standards Board shall ensure that each 8
teacher preparation program includes use of the academic standards in the pre-9
service education programs and that all teacher interns will have experience 10
planning classroom instruction based on the revised standards. 11
(l) The Council on Postsecondary Education in cooperation with the Kentucky 12
Department of Education and the postsecondary education institutions in the 13
state shall coordinate information sessions regarding the academic content 14
standards for faculty who teach in the various content areas. 15
(3) (a) The Kentucky Board of Education shall be responsible for creating and 16
implementing a balanced statewide assessment program that measures the 17
students', schools', and districts' achievement of the goals set forth in KRS 18
158.645 and 158.6451, to ensure compliance with the federal Every Student 19
Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, and to ensure 20
school accountability. 21
(b) The board shall revise the annual statewide assessment program as needed in 22
accordance with revised academic standards and corresponding assessment 23
alignment adjustments approved by the board under subsection (2) of this 24
section. 25
(c) The statewide assessments shall not include any academic standards not 26
approved by the board under subsection (2) of this section. 27 UNOFFICIAL COPY 22 RS BR 1559
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(d) The board shall seek the advice of the Office of Education Accountability; the 1
School Curriculum, Assessment, and Accountability Council; the Education 2
Assessment and Accountability Review Subcommittee, and the department's 3
technical advisory committee in the development of the assessment program. 4
The statewide assessment program shall not include measurement of a 5
student's ability to become a self-sufficient individual or to become a 6
responsible member of a family, work group, or community. 7
(4) (a) The academic components of the statewide assessment program shall be 8
composed of annual student summative tests, which may include a 9
combination of multiple competency-based assessment and performance 10
measures approved by the Kentucky Board of Education. 11
(b) The annual student summative tests shall: 12
1. Measure individual student achievement in language, reading, English, 13
mathematics, science, and social studies at designated grades; 14
2. Provide teachers and parents a valid and reliable comprehensive analysis 15
of skills mastered by individual students; 16
3. Provide diagnostic information that identifies strengths and academic 17
deficiencies of individual students in the content areas; 18
4. Provide information to teachers that can enable them to improve 19
instruction for current and future students; 20
5. Provide longitudinal profiles for students; and 21
6. Ensure school and district accountability for student achievement of the 22
goals set forth in KRS 158.645 and 158.6451, except the statewide 23
assessment program shall not include measurement of a student's ability 24
to become a self-sufficient individual or to become a responsible 25
member of a family, work group, or community. 26
(5) The state student assessments shall include the following components: 27 UNOFFICIAL COPY 22 RS BR 1559
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(a) Elementary and middle grades requirements are: 1
1. A criterion-referenced test each in mathematics and reading in grades 2
three (3) through eight (8) that is valid and reliable for an individual 3
student and that measures the depth and breadth of Kentucky's academic 4
content standards; 5
2. A criterion-referenced test each in science and social studies that is valid 6
and reliable for an individual student as necessary to measure the depth 7
and breadth of Kentucky's academic content standards to be 8
administered one (1) time within the elementary and middle grades, 9
respectively; 10
3. An on-demand assessment of student writing to be administered one (1) 11
time within the elementary grades and one (1) time within the middle 12
grades; and 13
4. An editing and mechanics test relating to writing, using multiple choice 14
and constructed response items, to be administered one (1) time within 15
the elementary and the middle grades, respectively; 16
(b) High school requirements are: 17
1. A criterion-referenced test in mathematics, reading, and science that is 18
valid and reliable for an individual student and that measures the depth 19
and breadth of Kentucky's academic content standards to be 20
administered one (1) time within the high school grades; 21
2. A criterion-referenced test in social studies that is valid and reliable for 22
an individual student as necessary to measure the depth and breadth of 23
Kentucky's academic content standards to be administered one (1) time 24
within the high school grades; 25
3. An on-demand assessment of student writing to be administered one (1) 26
time within the high school grades; 27 UNOFFICIAL COPY 22 RS BR 1559
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4. An editing and mechanics test relating to writing, using multiple choice 1
and constructed response items, to be administered one (1) time within 2
the high school grades; and 3
5. A college admissions examination to assess English, reading, 4
mathematics, and science in the spring of grade ten (10) and the spring 5
of grade eleven (11); 6
(c) The Kentucky Board of Education shall add any other component necessary to 7
comply with the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or 8
its successor, as determined by the United States Department of Education; 9
(d) The criterion-referenced components required in this subsection shall be 10
composed of constructed response items and multiple choice items; 11
(e) The Kentucky Board of Education may incorporate end-of-course 12
examinations into the assessment program to be used in lieu of requirements 13
for criterion-referenced tests required under paragraph (b) of this subsection; 14
and 15
(f) The results of the assessment program developed under this subsection shall 16
be used by schools and districts to determine appropriate instructional 17
modifications for all students in order for students to make continuous 18
progress, including that needed by advanced learners. 19
(6) Each school district shall administer the statewide student assessment during the 20
last fourteen (14) days of school in the district's instructional calendar. The 21
Kentucky Board of Education may change the testing window to allow for 22
innovative assessment systems or other online test administration and shall 23
promulgate administrative regulations that minimize the number of days of testing 24
and outline the procedures to be used during the testing process to ensure test 25
security, including procedures for testing makeup days, and to comply with federal 26
assessment requirements. 27 UNOFFICIAL COPY 22 RS BR 1559
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(7) A student enrolled in a district-operated or district-contracted alternative program 1
shall participate in the appropriate assessments required by this section. 2
(8) A local school district may select and use commercial interim or formative 3
assessments or develop and use its own formative assessments to provide data on 4
how well its students are growing toward mastery of Kentucky academic standards, 5
so long as the district's local school board develops a policy minimizing the 6
reduction in instructional time related to the administration of the interim 7
assessments. Nothing in this section precludes teachers from using ongoing teacher-8
developed formative processes. 9
(9) Each school that enrolls primary students shall use diagnostic assessments and 10
prompts that measure readiness in reading and mathematics for its primary students 11
as determined by the school to be developmentally appropriate. The schools may 12
use commercial products, use products and procedures developed by the district, or 13
develop their own diagnostic procedures. The results shall be used to inform the 14
teachers and parents or guardians of each student's skill level. 15
(10) The state board shall ensure that a technically sound longitudinal comparison of the 16
assessment results for the same students shall be made available. 17
(11) The following provisions shall apply to the college admissions examinations 18
described in subsection (5)(b)5. of this section: 19
(a) The cost of both college admissions examinations administered to students in 20
high school shall be paid for by the Kentucky Department of Education. The 21
costs of additional college admissions examinations shall be the responsibility 22
of the student; 23
(b) If funds are available, the Kentucky Department of Education shall provide a 24
college admissions examination preparation program to all public high school 25
juniors. The department may contract for necessary services; and 26
(c) Accommodations provided to a student with a disability taking the college 27 UNOFFICIAL COPY 22 RS BR 1559
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admissions assessments under this subsection shall consist of: 1
1. Accommodations provided in a manner allowed by the college 2
admissions assessment provider when results in test scores are 3
reportable to a postsecondary institution for admissions and placement 4
purposes, except as provided in subparagraph 2. of this paragraph; or 5
2. Accommodations provided in a manner allowed by a student's 6
individualized education program as defined in KRS 158.281 for a 7
student whose disability precludes valid assessment of his or her 8
academic abilities using the accommodations provided under 9
subparagraph 1. of this paragraph when the student's scores are not 10
reportable to a postsecondary institution for admissions and placement 11
purposes. 12
(12) Kentucky teachers shall have a significant role in providing feedback about the 13
design of the assessments, except for the college admissions exams described in 14
subsection (5)(b)5. of this section. The assessments shall be designed to: 15
(a) Measure grade appropriate core academic content, basic skills, and higher-16
order thinking skills and their application; 17
(b) Provide valid and reliable scores for schools. If scores are reported for 18
students individually, they shall be valid and reliable; 19
(c) Minimize the time spent by teachers and students on assessment; and 20
(d) Assess Kentucky academic standards only. 21
(13) The results from assessment under subsections (3) and (5) of this section shall be 22
reported to the school districts and schools no later than seventy-five (75) days 23
following the last day the assessment can be administered. Assessment reports 24
provided to the school districts and schools shall include an electronic copy of an 25
operational subset of test items from each assessment administered to their students 26
and the results for each of those test items by student and by school. 27 UNOFFICIAL COPY 22 RS BR 1559
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(14) The Department of Education shall gather information to establish the validity of 1
the assessment and accountability program. It shall develop a biennial plan for 2
validation studies that shall include but not be limited to the consistency of student 3
results across multiple measures, the congruence of school scores with documented 4
improvements in instructional practice and the school learning environment, and the 5
potential for all scores to yield fair, consistent, and accurate student performance 6
level and school accountability decisions. Validation activities shall take place in a 7
timely manner and shall include a review of the accuracy of scores assigned to 8
students and schools, as well as of the testing materials. The plan shall be submitted 9
to the Commission by July 1 of the first year of each biennium. A summary of the 10
findings shall be submitted to the Legislative Research Commission by September 1 11
of the second year of the biennium. 12
(15) The Department of Education and the state board shall offer optional assistance to 13
local school districts and schools in developing and using continuous assessment 14
strategies needed to assure student progress. The continuous assessment shall 15
provide diagnostic information to improve instruction to meet the needs of 16
individual students. 17
(16) The Administration Code for Kentucky's Assessment Program shall include 18
prohibitions of inappropriate test preparation activities by school district employees 19
charged with test administration and oversight, including but not limited to the issue 20
of teachers being required to do test practice in lieu of regular classroom instruction 21
and test practice outside the normal work day. The code shall include disciplinary 22
sanctions that may be taken toward a school or individuals. 23
(17) The Kentucky Board of Education, after the Department of Education has received 24
advice from the Office of Education Accountability; the School Curriculum, 25
Assessment, and Accountability Council; and the department's technical advisory 26
committee, shall promulgate an administrative regulation under KRS Chapter 13A 27 UNOFFICIAL COPY 22 RS BR 1559
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to establish the components of a reporting structure for assessments administered 1
under this section. The reporting structure shall include the following components: 2
(a) A school report card that clearly communicates with parents and the public 3
about school performance. The school report card shall be sent to the parents 4
of the students of the districts, and information on electronic access to a 5
summary of the results for the district shall be published in the newspaper 6
with the largest circulation in the county. It shall include but not be limited to 7
the following components reported by race, gender, and disability when 8
appropriate: 9
1. Student academic achievement, including the results from each of the 10
assessments administered under this section; 11
2. For Advanced Placement, Cambridge Advanced International, and 12
International Baccalaureate, the courses offered, the number of students 13
enrolled, completing, and taking the examination for each course, and 14
the percentage of examinees receiving a score of three (3) or better on 15
AP examinations, a score of "e" or better on Cambridge Advanced 16
International examinations, or a score of four (4) or better on IB 17
examinations. The data shall be disaggregated by gender, race, students 18
with disabilities, and economic status; 19
3. Nonacademic achievement, including the school's attendance, retention, 20
graduation rates, and student transition to postsecondary; 21
4. School learning environment, including measures of parental 22
involvement; and 23
5. Any other school performance data required by the Every Student 24
Succeeds Act of 2015, Pub. L. No. 114-95, or its successor; 25
(b) An individual student report to parents for each student in grades three (3) 26
through eight (8) summarizing the student's skills in reading, science, social 27 UNOFFICIAL COPY 22 RS BR 1559
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studies, and mathematics. The school's staff shall develop a plan for 1
accelerated learning for any student with identified deficiencies or strengths; 2
and 3
(c) A student's highest scores on the college admissions assessments administered 4
under subsection (5)(b)5. of this section. 5
(18) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the 6
Kentucky Department of Education shall implement a comprehensive process 7
for reviewing and revising the academic standards in visual and performing 8
arts and practical living skills and career studies for all levels and in foreign 9
language for middle and high schools. The department shall develop review 10
committees for the standards for each of the content areas that include 11
representation from certified specialist public school teachers and 12
postsecondary teachers in those subject areas. 13
(b) The academic standards in practical living skills for elementary, middle, and 14
high school levels shall include a focus on drug abuse prevention, with an 15
emphasis on the prescription drug epidemic and the connection between 16
prescription opioid abuse and addiction to other drugs, such as heroin and 17
synthetic drugs. 18
(c) The department shall provide to all schools guidelines for programs that 19
incorporate the adopted academic standards in visual and performing arts and 20
practical living and career studies. The department shall provide to middle and 21
high schools guidelines for including a foreign language program. The 22
guidelines shall address program length and time, courses offered, staffing, 23
resources, and facilities. 24
(d) The Kentucky Department of Education, in consultation with certified public 25
school teachers of visual and performing arts, may develop program standards 26
for the visual and performing arts. 27 UNOFFICIAL COPY 22 RS BR 1559
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(19) The Kentucky Department of Education shall provide to all schools guidelines for 1
including an effective writing program within the curriculum. Each school-based 2
decision making council or, if there is no school council, a committee appointed by 3
the principal, shall adopt policies that determine the writing program for its school 4
and submit it to the Department of Education for review and comment. The writing 5
program shall incorporate a variety of language resources, technological tools, and 6
multiple opportunities for students to develop complex communication skills for a 7
variety of purposes. 8
(20) (a) The Kentucky Department of Education, in consultation with the review 9
committees described in subsection (18) of this section, shall develop a school 10
profile report to be used by all schools to document how they will address the 11
adopted academic standards in their implementation of the programs as 12
described in subsection (18) of this section, which may include student 13
opportunities and experiences in extracurricular activities. The department 14
shall include the essential workplace ethics program on the school profile 15
report. 16
(b) By October 1 of each year, each school principal shall complete the school 17
profile report, which shall be signed by the members of the school council, or 18
the principal if no school council exists, and the superintendent. The report 19
shall be electronically transmitted to the Kentucky Department of Education, 20
and the original shall be maintained on file at the local board office and made 21
available to the public upon request. The department shall include a link to 22
each school's profile report on its Web site. 23
(c) If a school staff member, student, or a student's parent has concerns regarding 24
deficiencies in a school's implementation of the programs described in 25
subsection (18) of this section, he or she may submit a written inquiry to the 26
school council. 27 UNOFFICIAL COPY 22 RS BR 1559
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Section 6. KRS 161.044 is amended to read as follows: 1
(1) The Kentucky Board of Education shall promulgate administrative regulations 2
governing the qualifications of teachers' aides in the common schools. All teachers' 3
aides working in kindergarten or with entry level students in primary classes and all 4
instructional teachers' aides initially employed after July 1, 1986, except those with 5
current teacher certification, shall have a high school diploma or a High School 6
Equivalency Diploma. 7
(2) "Noninstructional teacher's aide" means an adult who works under the direct 8
supervision of the teaching staff in performing noninstructional functions such as 9
clerical duties, lunch room duties, leading pupils in recreational activities, aiding the 10
school librarian, preparing and organizing instructional material and equipment and 11
monitoring children during a noninstructional period. Noninstructional teachers' 12
aides employed on a full-time basis shall possess skills necessary to perform their 13
duties and shall meet the requirements established in KRS 161.011 and 160.380. 14
(3) Within the administrative regulations established by the Kentucky Board of 15
Education, a local district may employ teachers' aides in supplementary 16
instructional and noninstructional activities with pupils. While engaged in an 17
assignment as authorized under the administrative regulations, and as directed by 18
the professional administrative and teaching staff, these personnel shall have the 19
same legal status and protection as a certified teacher in the performance of the 20
same or similar duties. 21
(4) Local districts shall give preference to applicants for the position of teacher's aide 22
who have regular or emergency teacher certification. 23
(5) Local districts may require[shall provide] training of the instructional teacher's aide 24
with the certified employee to whom he is assigned. 25
Section 7. KRS 160.445 is amended to read as follows: 26
(1) (a) The Kentucky Board of Education or organization or agency designated by the 27 UNOFFICIAL COPY 22 RS BR 1559
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board to manage interscholastic athletics shall offer, and a local school 1
district may require each interscholastic coach to complete, a sports safety 2
course consisting of training on how to prevent common injuries. The content 3
of the course shall include but not be limited to emergency planning, heat and 4
cold illnesses, emergency recognition, head injuries including concussions, 5
neck injuries, facial injuries, and principles of first aid. The course shall also 6
be focused on safety education and shall not include coaching principles. 7
(b) The state board or its agency shall: 8
1. [Establish a minimum timeline for a coach to complete the course; 9
2. ]Approve providers of a sports safety course; and 10
2.[3.] Be responsible for ensuring that an approved course is taught by 11
qualified professionals who shall either be athletic trainers, registered 12
nurses, physicians, or physician's assistants licensed to practice in 13
Kentucky[; and 14
4. Establish the minimum qualifying score for successful course 15
completion]. 16
(c) A course shall be reviewed for updates at least once every thirty (30) months 17
and revised if needed. 18
(d) A course shall be able to be completed through hands-on or online teaching 19
methods in ten (10) clock hours or less. 20
[(e) 1. A course shall include an end-of-course examination with a minimum 21
qualifying score for successful course completion established by the 22
board or its agency. 23
2. All coaches shall be required to take the end-of-course examination and 24
shall obtain at least the minimum qualifying score. 25
(f) Beginning with the 2009-2010 school year, and each year thereafter, at least 26
one (1) person who has completed the course shall be at every interscholastic 27 UNOFFICIAL COPY 22 RS BR 1559
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athletic practice and competition.] 1
(2) (a)[ Beginning with the 2012-2013 school year, and each year thereafter, ]The 2
state board or its agency shall offer, and a local school district may require 3
each interscholastic coach to complete, training on how to recognize the 4
symptoms of a concussion and how to seek proper medical treatment for a 5
person suspected of having a concussion. The training shall be approved by 6
the state board or its agency and may be included in the sports safety course 7
offered in accordance with[required under] subsection (1)(a) of this section. 8
(b) The board or its agency shall develop guidelines and other pertinent 9
information or adopt materials produced by other agencies to inform and 10
educate student athletes and their parents or legal guardians of the nature and 11
risk of concussion and head injury, including the continuance of play after 12
concussion or head injury. Any required physical examination and parental 13
authorization shall include acknowledgement of the education information 14
required under this paragraph. 15
(c) Upon request, the board or its agency shall make available to the public any 16
training materials developed by the board or agency used to satisfy the 17
requirements of paragraph (a) of this subsection. The board or its agency shall 18
not be held liable for the use of any training materials so disseminated. 19
(3) (a) A student athlete suspected by an interscholastic coach, school athletic 20
personnel, or contest official of sustaining a concussion during an athletic 21
practice or competition shall be removed from play at that time and shall not 22
return to play prior to the ending of the practice or competition until the 23
athlete is evaluated to determine if a concussion has occurred. The evaluation 24
shall be completed by a physician or a licensed health care provider whose 25
scope of practice and training includes the evaluation and management of 26
concussions and other brain injuries. A student athlete shall not return to play 27 UNOFFICIAL COPY 22 RS BR 1559
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on the date of a suspected concussion absent the required evaluation. 1
(b) 1. Upon completion of the required evaluation, a coach: 2
a. May return a student athlete to play if the physician or licensed 3
health care provider determines that no concussion has occurred; 4
or 5
b. Shall not return a student athlete to play if the physician or 6
licensed health care provider determines that a concussion has 7
occurred. 8
2. If no physician or licensed health care provider described in paragraph 9
(a) of this subsection is present at the practice or competition to perform 10
the required evaluation, a coach shall not return a student athlete to play 11
who is suspected of sustaining a concussion. The student athlete shall 12
not be allowed to participate in any subsequent practice or athletic 13
competition unless written clearance from a physician is provided. 14
(c) A student athlete deemed to be concussed shall not return to participate in any 15
athletic practice or competition occurring on the day of the injury. The injured 16
student athlete shall not be allowed to participate in any subsequent practice or 17
athletic competition unless written clearance from a physician is provided. 18
(4) (a) The state board or its agency shall adopt rules governing interscholastic 19
athletics conducted by local boards of education to require each school that 20
participates in interscholastic athletics to develop a venue-specific emergency 21
action plan to deal with serious injuries and acute medical conditions in which 22
the condition of the patient may deteriorate rapidly. The plan shall: 23
1. Include a delineation of role, methods of communication, available 24
emergency equipment, and access to and plan for emergency transport; 25
and 26
2. Be in writing, reviewed by the principal of the school, distributed to all 27 UNOFFICIAL COPY 22 RS BR 1559
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appropriate personnel, posted conspicuously at all venues, and reviewed 1
and rehearsed annually by all licensed athletic trainers, first responders, 2
coaches, school nurses, athletic directors, and volunteers for 3
interscholastic athletics. 4
(b) Each school shall submit annual written verification of the existence of a 5
venue-specific emergency action plan to the state board or its agency. 6
(5) Each school shall maintain complete and accurate records of its compliance with 7
this section and shall make the records available for review by the state board or its 8
agency upon request. 9
Section 8. KRS 161.185 is amended to read as follows: 10
(1) Except as provided in subsection (2), boards of education shall require a certified or 11
classified staff member who is at least twenty-one (21) years of age to accompany 12
students on all school-sponsored or school-endorsed trips. Local boards of 13
education may adopt a policy that specifies the job classifications of staff members 14
who may accompany students on trips under this section. 15
(2) Boards of education may permit a nonfaculty coach or nonfaculty assistant, as 16
defined by administrative regulation promulgated by the Kentucky Board of 17
Education under KRS 156.070(2), to accompany students on all school-sponsored 18
or school-endorsed athletic trips. A nonfaculty coach or nonfaculty assistant shall be 19
at least twenty-one (21) years of age, shall not be a violent offender or convicted of 20
a sex crime as defined by KRS 17.165 which is classified as a felony, and shall 21
submit to a criminal record check under KRS 160.380. 22
(3) Prior to assuming his or her duties, a nonfaculty coach or nonfaculty assistant shall 23
successfully complete any training required[provided] by the local school district. 24
The training may[shall] include[,] but not be limited to[,] information on the 25
physical and emotional development of students of the age with whom the 26
nonfaculty coach and nonfaculty assistant will be working, the district's and school's 27 UNOFFICIAL COPY 22 RS BR 1559
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discipline policies, procedures for dealing with discipline problems, and safety and 1
first aid training.[ Follow-up training shall be provided annually.] 2
Section 9. KRS 156.101 is amended to read as follows: 3
(1) The purpose of this section is to encourage [and require ]the maintenance and 4
development of effective instructional leadership in the public schools of the 5
Commonwealth and to recognize that principals, with the assistance of assistant 6
principals, supervisors of instruction, guidance counselors, and directors of special 7
education, have the primary responsibility for instructional leadership in the schools 8
to which they are assigned. 9
(2) For the purpose of this section, "instructional leader" shall be defined as an 10
employee of the public schools of the Commonwealth employed as a principal, 11
assistant principal, supervisor of instruction, guidance counselor, director of special 12
education, or other administrative position deemed by the Education Professional 13
Standards Board to require an administrative certificate. 14
(3) In order to carry out the purpose of this section, the Kentucky Board of Education 15
shall establish a statewide program to improve and maintain the quality and 16
effectiveness of instructional leadership in the public schools of the 17
Commonwealth. 18
(4) [The instructional leader improvement program shall contain the following 19
provisions: 20
(a) ]A school district may require each instructional leader employed by the school 21
district to[public schools of the Commonwealth shall] participate in a continuing 22
intensive training program designed especially for instructional leaders[; 23
(b) 1. Effective until June 30, 2006, every two (2) years each instructional 24
leader shall complete an intensive training program] approved by the 25
Kentucky Board of Education[ to include no fewer than forty-two (42) 26
participant hours of instruction; 27 UNOFFICIAL COPY 22 RS BR 1559
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2. Effective July 1, 2006, each instructional leader shall annually complete an 1
intensive training program approved by the Kentucky Board of Education to include 2
no fewer than twenty-one (21) participant hours of instruction; 3
(c) The Kentucky Board of Education shall prescribe specific criteria for the training 4
program, which shall include a provision to allow an instructional leader to annually 5
receive three (3) participant hours credit for duties performed as part of a beginning 6
teacher committee pursuant to KRS 161.030(6). A maximum of six (6) participant 7
hours credit shall be awarded annually for serving on multiple beginning teacher 8
committees]. The Kentucky Department of Education may contract for specific 9
training with qualified agencies or institutions or approve programs offered by 10
training providers, including local district training programs[, except that the 11
department shall ensure the requirements of paragraph (d) of this subsection are 12
met; and 13
(d) Annually, each local district superintendent shall report to the Kentucky Department 14
of Education any instructional leader who fails to complete the training 15
requirements of paragraph (b) of this subsection and shall place the leader on 16
probation for one (1) year. The Department of Education shall verify completion of 17
the required training. If the required training for the prior year and the current year 18
is not completed during the probationary period, the Department of Education shall 19
forward the information to the Education Professional Standards Board, which shall 20
revoke the instructional leader's certificate]. 21
(5) The Kentucky Department of Education shall ensure that training options in human 22
resource management and conflict resolution techniques are available to education 23
leaders throughout the state. 24
(6) This section shall be known as the "Effective Instructional Leadership Act." 25
Section 10. KRS 158.818 is amended to read as follows: 26
(1) If funds are appropriated for the purposes of funding evidence-based instructional 27 UNOFFICIAL COPY 22 RS BR 1559
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models or if internal state or federal funds are available, the Kentucky Department 1
of Education, in collaboration with the Kentucky Community and Technical 2
College System, the Education Professional Standards Board, and other appropriate 3
educational entities, shall recommend evidence-based models for addressing the 4
needs of at-risk students. 5
(2) The evidence-based models shall include a variety of programs and curricula proven 6
to be effective for at-risk students, and shall focus on: 7
(a) Identification of students at risk for inadequate academic preparation for the 8
next grade level or at risk for dropping out of school; 9
(b) Reduction in the number of students retained in grade nine (9) and reduction 10
of high school failure rates; 11
(c) Improvement of student performance through grade-level standards in reading 12
and mathematics with an emphasis on grade nine (9); 13
(d) Assistance to students and their parents or legal guardians in identifying 14
students' career and educational goals, developing individual learning plans, 15
and the appropriate programs of study to achieve these goals; and 16
(e) Assistance to adult students in obtaining a high school diploma or a 17
recognized postsecondary education credential that has value in the 18
workplace. 19
(3) The evidence-based models shall include the following components designed to 20
facilitate more students having a successful start in high school and successfully 21
completing grade nine (9) requirements: 22
(a) The use of flexible scheduling as appropriate to increase students' time in the 23
study of core language arts and mathematics; 24
(b) The assignment of the most effective teachers as leaders for instructional 25
teams in grade nine (9) to improve instructional planning, delivery of 26
instruction, and the use of reteaching strategies; 27 UNOFFICIAL COPY 22 RS BR 1559
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(c) The assignment of mentors to teach students study skills and habits necessary 1
to become independent learners and, when possible, the use of career guidance 2
coaches to advise students; and 3
(d) Career courses, including career exploration, in grade nine (9) to incorporate 4
project-based instruction that requires the application of grade nine (9) level 5
reading, mathematics, and science skills and that uses a wide variety of 6
technology. 7
(4) [(a) If state or federal funds are available, all ]A school district may provide career 8
and technical education teachers who teach high school students [shall receive] 9
training in how to embed reading, mathematics, and science knowledge and skills in 10
specific career and technical education courses. 11
[(b) Training required under paragraph (a) of this subsection may be provided by 12
local school districts or postsecondary education institutions, including 13
community and technical colleges, and outside providers that have a record of 14
working effectively with schools in redesigning the ninth grade.] 15
(5) Career and technical education teachers shall provide evidence through the courses 16
they teach that the students' academic achievement is increased as defined by 17
administrative regulations promulgated by the Kentucky Board of Education and 18
developed in collaboration with the Kentucky Community and Technical College 19
System. 20
(6) The evidence-based models shall be incorporated into career and technical 21
education programs, career academies, and career pathway programs of study 22
developed under KRS 157.072. 23
Section 11. KRS 156.557 is amended to read as follows: 24
(1) As used in this section: 25
(a) "Formative evaluation" means a continuous cycle of collecting evaluation 26
information and providing feedback with suggestions regarding the certified 27 UNOFFICIAL COPY 22 RS BR 1559
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employee's professional growth and performance; and 1
(b) "Summative evaluation" means the summary of, and conclusions from, the 2
evaluation data, including formative evaluation data that: 3
1. Occur at the end of an evaluation cycle; and 4
2. Include a conference between the evaluator and the evaluated certified 5
employee and a written evaluation report. 6
(2) The Kentucky Department of Education, in consultation with the Kentucky teacher 7
and principal steering committees and other groups deemed appropriate by the 8
commissioner of education, shall develop a statewide framework for teaching that 9
shall promote the continuous professional growth and development of skills needed 10
to be a highly effective teacher or a highly effective administrator in a school or 11
district. 12
(3) Each district shall develop and implement a personnel evaluation system aligned 13
with the statewide framework for teaching established in subsection (2) of this 14
section that shall: 15
(a) Use multiple measures of effectiveness; 16
(b) Include both formative and summative evaluation components; 17
(c) Measure professional effectiveness; 18
(d) Support professional growth; 19
(e) Have at least four (4) performance levels; 20
(f) Be used to inform personnel decisions; 21
(g) Be considerate of the time requirements of evaluators at the local level and 22
shall not require that all certified school personnel have a formal summative 23
evaluation each year; and 24
(h) Rate teachers or administrators by multiple measures instead of a single 25
measure. 26
(4) The performance criteria by which teachers and administrators shall be evaluated 27 UNOFFICIAL COPY 22 RS BR 1559
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shall include but not be limited to: 1
(a) Performance of professional responsibilities related to his or her assignment, 2
including attendance and punctuality and evaluating results; 3
(b) Demonstration of effective planning of curricula, classroom instruction, and 4
classroom management, based on research-based instructional practices, or 5
school management skills based on validated managerial practices; 6
(c) Demonstration of knowledge and understanding of subject matter content or 7
administrative functions and effective leadership techniques; 8
(d) Promotion and incorporation of instructional strategies or management 9
techniques that are fair and respect diversity and individual differences; 10
(e) Demonstration of effective interpersonal, communication, and collaboration 11
skills among peers, students, parents, and others; 12
(f) Performance of duties consistent with the goals for Kentucky students and 13
mission of the school, the local community, laws, and administrative 14
regulations; 15
(g) Demonstration of the effective use of resources, including technology; 16
(h) Demonstration of professional growth; 17
(i) Adherence to the professional code of ethics; and 18
(j) Attainment of the teacher standards or the administrator standards as 19
established by the Education Professional Standards Board that are not 20
referenced in paragraphs (a) to (i) of this subsection. 21
(5) The following provisions shall apply to each school district's personnel evaluation 22
system: 23
(a) Certified school personnel, below the level of superintendent, shall be 24
evaluated; 25
(b) The evaluation system shall include formative evaluation and summative 26
evaluation components; and 27 UNOFFICIAL COPY 22 RS BR 1559
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(c) The Kentucky Board of Education shall adopt administrative regulations 1
incorporating written guidelines for a local school district to follow in 2
implementing the personnel evaluation system and shall require the following: 3
1. All evaluations of certified school personnel below the level of the 4
district superintendent shall be in writing on evaluation forms and under 5
evaluation procedures developed by a committee composed of an equal 6
number of teachers and administrators; 7
2. The immediate supervisor of the certified school personnel member 8
shall be designated as the primary evaluator. At the request of a teacher, 9
observations by other teachers trained in the teacher's content area or 10
curriculum content specialists may be incorporated into the formative 11
process for evaluating teachers; 12
3. All monitoring or observation of performance of a certified school 13
personnel member shall be conducted openly and with full knowledge of 14
the personnel member; 15
4. [Evaluators shall be trained, tested, and approved in accordance with 16
administrative regulations adopted by ]The Kentucky Board of 17
Education shall promulgate model trainings and tests that a local 18
school district may require an evaluator to complete on[in] the proper 19
techniques for effectively evaluating certified school personnel. 20
Evaluators shall receive support and resources necessary to ensure 21
consistent and reliable ratings; 22
5. The personnel evaluation system shall include a plan whereby the person 23
evaluated is given assistance for professional growth as a teacher or 24
administrator. The system shall also specify the processes to be used 25
when corrective actions are necessary in relation to the performance of 26
one's assignment; and 27 UNOFFICIAL COPY 22 RS BR 1559
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6. The system shall require annual summative evaluations for each teacher 1
or other professional who has not attained continuing service status 2
under KRS 161.740 or continuing status under KRS 156.800(7). The 3
system shall require summative evaluations at least once every three (3) 4
years for a teacher or other professional who has attained continuing 5
service status under KRS 161.740 or continuing status under KRS 6
156.800(7), principals, assistant principals, and other certified 7
administrators[; and 8
7. The training requirement for evaluators contained in subparagraph 4. of 9
this paragraph shall not apply to district board of education members]. 10
(6) (a) Each superintendent shall be evaluated according to a policy and procedures 11
developed by the local board of education and approved by the department. 12
(b) The summative evaluation of the superintendent shall be in writing, discussed 13
and adopted in an open meeting of the board and reflected in the minutes, and 14
made available to the public upon request. 15
(c) Any preliminary discussions relating to the evaluation of the superintendent 16
by the board or between the board and the superintendent prior to the 17
summative evaluation shall be conducted in closed session. 18
(7) The Kentucky Board of Education shall establish an appeals procedure for certified 19
school personnel who believe that the local school district failed to properly 20
implement the evaluation system. The appeals procedure shall not involve requests 21
from individual certified school personnel members for review of the judgmental 22
conclusions of their personnel evaluations. 23
(8) The local board of education shall establish an evaluation appeals panel for certified 24
school personnel that shall consist of two (2) members elected by the certified 25
employees of the local district and one (1) member appointed by the board of 26
education who is a certified employee of the local board of education. Certified 27 UNOFFICIAL COPY 22 RS BR 1559
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school personnel who think they were not fairly evaluated may submit an appeal to 1
the panel for a timely review of their evaluation. 2
(9) The Kentucky Department of Education may annually provide for on-site visits by 3
trained personnel to review and ensure appropriate implementation of the evaluation 4
system by the local school district. The department shall provide technical 5
assistance to local districts to eliminate deficiencies and to improve the 6
effectiveness of the evaluation system. 7
(10) The disclosure, pursuant to KRS Chapter 61, of any data or information, including 8
student growth data, that local school districts or the Department of Education 9
collect on individual classroom teachers under this section is prohibited. 10
(11) The results of evaluations conducted under this section shall not be included in the 11
accountability system described in KRS 158.6455 and no reporting requirements 12
related to these results shall be imposed upon the local school districts by the 13
Department of Education. 14
Section 12. KRS 160.350 is amended to read as follows: 15
(1) After considering the recommendations of a screening committee, as provided in 16
KRS 160.352, each board of education shall appoint a superintendent of schools 17
whose term of office shall begin on July 1, following the individual's appointment. 18
The appointment may be for a term of no more than four (4) years. In the event a 19
vacancy occurs in the office of superintendent prior to the expiration of the term set 20
by the board, the term shall expire on the date the vacancy occurs. Therefore, the 21
board may appoint a superintendent for a new term as provided in this subsection, 22
which shall begin on the date of the superintendent's appointment, except when the 23
vacancy occurs after a school board election and before the newly elected members 24
take office. When a vacancy occurs during this period, the position shall not be 25
filled until the new members take office, but the board may appoint an acting 26
superintendent to serve a term not to exceed six (6) months. This appointment may 27 UNOFFICIAL COPY 22 RS BR 1559
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be renewed once for a period not to exceed three (3) months. If a vacancy occurs, a 1
local board may also appoint an acting superintendent during the period the 2
screening committee pursuant to KRS 160.352 conducts its business and prior to the 3
actual appointment of the new superintendent. No superintendent shall resign 4
during a term and accept a new term from the same board of education prior to the 5
expiration date of the present term. In the case of a vacancy in the office for an 6
unexpired term, the board of education shall make the appointment so that the term 7
will end on June 30. The board shall set the salary of the superintendent to be paid 8
in regular installments. 9
(2) An individual shall not assume the duties of superintendent in a district until he or 10
she provides the board of education with a copy of a certificate for school 11
superintendent issued by the Education Professional Standards Board or its legal 12
predecessor. A superintendent shall hold a valid certificate throughout the period of 13
employment. A board of education may require a superintendent to[shall] 14
successfully complete the training program and assessment center process[ within 15
two (2) years of assuming the duties of superintendent]. A superintendent shall not 16
serve as director or officer of a bank, trust company, or savings or loan association 17
that has the school district's funds on deposit. Following appointment, the 18
superintendent shall establish residency in Kentucky. 19
(3) A superintendent of schools may be removed for cause by a vote of four-fifths (4/5) 20
of the membership of a board of education and upon approval by the commissioner 21
of education. However, if the dismissal of the superintendent has been 22
recommended by a highly skilled certified educator pursuant to KRS 158.6455 and 23
the action is approved by the commissioner of education, the board shall terminate 24
the superintendent's contract. Written notice setting out the charges for removal 25
shall be spread on the minutes of the board and given to the superintendent. The 26
board shall seek approval by the commissioner of education for removing the 27 UNOFFICIAL COPY 22 RS BR 1559
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superintendent. The commissioner of education shall investigate the accuracy of the 1
charges made, evaluate the superintendent's overall performance during the 2
superintendent's appointment, and consider the educational performance of the 3
students in the district. Within thirty (30) days of notification, the commissioner of 4
education shall either approve or reject the board's request. 5
(4) After the completion of a superintendent's first contract or after four (4) years, 6
whichever comes last, the board of education may, no later than June 30, extend the 7
contract of the superintendent for one (1) additional year beyond the current term of 8
employment. 9
Section 13. KRS 160.345 is amended to read as follows: 10
(1) For the purpose of this section: 11
(a) "Minority" means American Indian; Alaskan native; African-American; 12
Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or 13
South American origin; Pacific islander; or other ethnic group 14
underrepresented in the school; 15
(b) "School" means an elementary or secondary educational institution that is 16
under the administrative control of a principal and is not a program or part of 17
another school. The term "school" does not include district-operated schools 18
that are: 19
1. Exclusively vocational-technical, special education, or preschool 20
programs; 21
2. Instructional programs operated in institutions or schools outside of the 22
district; or 23
3. Alternative schools designed to provide services to at-risk populations 24
with unique needs; 25
(c) "Teacher" means any person for whom certification is required as a basis of 26
employment in the public schools of the state, with the exception of principals 27 UNOFFICIAL COPY 22 RS BR 1559
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and assistant principals; and 1
(d) "Parent" means: 2
1. A parent, stepparent, or foster parent of a student; or 3
2. A person who has legal custody of a student pursuant to a court order 4
and with whom the student resides. 5
(2) Each local board of education shall adopt a policy for implementing school-based 6
decision making in the district which shall include but not be limited to a 7
description of how the district's policies, including those developed pursuant to 8
KRS 160.340, have been amended to allow the professional staff members of a 9
school to be involved in the decision-making process as they work to meet 10
educational goals established in KRS 158.645 and 158.6451. The policy may 11
include a requirement that each school council make an annual report at a public 12
meeting of the board describing the school's progress in meeting the educational 13
goals set forth in KRS 158.6451 and district goals established by the board. The 14
policy shall also address and comply with the following: 15
(a) Except as provided in paragraph (b)2. of this subsection, each participating 16
school shall form a school council composed of two (2) parents, three (3) 17
teachers, and the principal or administrator. The membership of the council 18
may be increased, but it may only be increased proportionately. A parent 19
representative on the council shall not be an employee or a relative of an 20
employee of the school in which that parent serves, nor shall the parent 21
representative be an employee or a relative of an employee in the district 22
administrative offices. A parent representative shall not be a local board 23
member or a board member's spouse. None of the members shall have a 24
conflict of interest pursuant to KRS Chapter 45A, except the salary paid to 25
district employees; 26
(b) 1. The teacher representatives shall be elected for one (1) year terms by a 27 UNOFFICIAL COPY 22 RS BR 1559
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majority of the teachers. A teacher elected to a school council shall not 1
be involuntarily transferred during his or her term of office. The parent 2
representatives shall be elected for one (1) year terms. The parent 3
members shall be elected by the parents of students preregistered to 4
attend the school during the term of office in an election conducted by 5
the parent and teacher organization of the school or, if none exists, the 6
largest organization of parents formed for this purpose. A school 7
council, once elected, may adopt a policy setting different terms of 8
office for parent and teacher members subsequently elected. The 9
principal shall be the chair of the school council. 10
2. School councils in schools having eight percent (8%) or more minority 11
students enrolled, as determined by the enrollment on the preceding 12
October 1, shall have at least one (1) minority member. If the council 13
formed under paragraph (a) of this subsection does not have a minority 14
member, the principal, in a timely manner, shall be responsible for 15
carrying out the following: 16
a. Organizing a special election to elect an additional member. The 17
principal shall call for nominations and shall notify the parents of 18
the students of the date, time, and location of the election to elect a 19
minority parent to the council by ballot; and 20
b. Allowing the teachers in the building to select one (1) minority 21
teacher to serve as a teacher member on the council. If there are no 22
minority teachers who are members of the faculty, an additional 23
teacher member shall be elected by a majority of all teachers. Term 24
limitations shall not apply for a minority teacher member who is 25
the only minority on faculty; 26
(c) 1. The school council shall have the responsibility to set school policy 27 UNOFFICIAL COPY 22 RS BR 1559
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consistent with district board policy which shall provide an environment 1
to enhance the students' achievement and help the school meet the goals 2
established by KRS 158.645 and 158.6451. The principal shall be the 3
primary administrator and the instructional leader of the school, and 4
with the assistance of the total school staff shall administer the policies 5
established by the school council and the local board. 6
2. If a school council establishes committees, it shall adopt a policy to 7
facilitate the participation of interested persons, including, but not 8
limited to, classified employees and parents. The policy shall include the 9
number of committees, their jurisdiction, composition, and the process 10
for membership selection; 11
(d) The school council and each of its committees shall determine the frequency 12
of and agenda for their meetings. Matters relating to formation of school 13
councils that are not provided for by this section shall be addressed by local 14
board policy; 15
(e) The meetings of the school council shall be open to the public and all 16
interested persons may attend. However, the exceptions to open meetings 17
provided in KRS 61.810 shall apply; 18
(f) After receiving notification of the funds available for the school from the local 19
board, the school council shall determine, within the parameters of the total 20
available funds, the number of persons to be employed in each job 21
classification at the school. The council may make personnel decisions on 22
vacancies occurring after the school council is formed but shall not have the 23
authority to recommend transfers or dismissals; 24
(g) The school council shall determine which textbooks, instructional materials, 25
and student support services shall be provided in the school. Subject to 26
available resources, the local board shall allocate an appropriation to each 27 UNOFFICIAL COPY 22 RS BR 1559
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school that is adequate to meet the school's needs related to instructional 1
materials and school-based student support services, as determined by the 2
school council. The school council shall consult with the school media 3
librarian on the maintenance of the school library media center, including the 4
purchase of instructional materials, information technology, and equipment; 5
(h) Personnel decisions at the school level shall be as follows: 6
1. From a list of qualified applicants submitted by the local superintendent, 7
the principal at the participating school shall select personnel to fill 8
vacancies, after consultation with the school council, consistent with 9
paragraph (i)11. of this subsection. The superintendent shall provide 10
additional applicants to the principal upon request when qualified 11
applicants are available. The superintendent may forward to the school 12
council the names of qualified applicants who have pending certification 13
from the Education Professional Standards Board based on recent 14
completion of preparation requirements, out-of-state preparation, or 15
alternative routes to certification pursuant to KRS 161.028 and 161.048. 16
Requests for transfer shall conform to any employer-employee bargained 17
contract which is in effect; 18
2. a. i. If the vacancy to be filled is the position of principal, the 19
outgoing principal shall not serve on the council during the 20
principal selection process. The superintendent or the 21
superintendent's designee shall serve as the chair of the 22
council for the purpose of the hiring process and shall have 23
voting rights during the selection process. 24
ii. Except as provided in subdivision b. of this subparagraph, 25
the council shall have access to the applications of all 26
persons certified for the position. The principal shall be 27 UNOFFICIAL COPY 22 RS BR 1559
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elected on a majority vote of the membership of the council[. 1
The school council shall receive training in recruitment and 2
interviewing techniques prior to carrying out the process of 3
selecting a principal. The council shall select the trainer to 4
deliver the training]; 5
b. An alternative principal selection process may be used by the 6
school council as follows: 7
i. Prior to a meeting called to select a principal, all school 8
council members shall receive informational materials 9
regarding Kentucky open records and open meetings laws 10
and sign a nondisclosure agreement forbidding the sharing of 11
information shared and discussions held in the closed 12
session; 13
ii. The superintendent shall convene the school council and 14
move into closed session as provided in KRS 61.810(1)(f) to 15
confidentially recommend a candidate; 16
iii. The council shall have the option to interview the 17
recommended candidate while in closed session; and 18
iv. After any discussion, at the conclusion of the closed session, 19
the council shall decide, in a public meeting by majority vote 20
of the membership of the council, whether to accept or reject 21
the recommended principal candidate; 22
c. If the recommended candidate is selected, and the recommended 23
candidate accepts the offer, the name of the candidate shall be 24
made public during the next meeting in open session; 25
d. i. If the recommended candidate is not accepted by the school 26
council under subdivision b. of this subparagraph, then the 27 UNOFFICIAL COPY 22 RS BR 1559
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process set forth in subdivision a. of this subparagraph shall 1
apply. 2
ii. The confidentially recommended candidate's name and the 3
discussions of the closed session shall remain confidential 4
under KRS 61.810(1)(f), and any documents used or 5
generated during the closed meeting shall not be subject to an 6
open records request as provided in KRS 61.878(1)(i) and (j). 7
iii. A recommended candidate who believes a violation of this 8
subdivision has occurred may file a written complaint with 9
the Kentucky Board of Education. 10
iv. A school council member who is found to have disclosed 11
confidential information regarding the proceeding of the 12
closed session shall be subject to removal from the school 13
council by the Kentucky Board of Education under 14
subsection (9)(e) of this section; 15
3. No principal who has been previously removed from a position in the 16
district for cause may be considered for appointment as principal in that 17
district; 18
4. Personnel decisions made at the school level under the authority of 19
subparagraphs 1. and 2. of this paragraph shall be binding on the 20
superintendent who completes the hiring process; 21
5. Applicants subsequently employed shall provide evidence that they are 22
certified prior to assuming the duties of a position in accordance with 23
KRS 161.020; 24
6. Notwithstanding other provisions of this paragraph, if the applicant is 25
the spouse of the superintendent and the applicant meets the service 26
requirements of KRS 160.380(3)(a), the applicant shall only be 27 UNOFFICIAL COPY 22 RS BR 1559
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employed upon the recommendation of the principal and the approval of 1
a majority vote of the school council; and 2
7. Beginning June 27, 2019, notwithstanding the requirement that a 3
principal be elected on a majority vote of the council in subparagraph 2. 4
of this paragraph, if the school council is in a county school district in a 5
county with a consolidated local government adopted under KRS 6
Chapter 67C, then the selection of a principal shall be subject to 7
approval by the superintendent. If the superintendent does not approve 8
the principal selected by the council, then the superintendent may select 9
the principal; 10
(i) The school council shall adopt a policy to be implemented by the principal in 11
the following additional areas: 12
1. Determination of curriculum, including needs assessment, curriculum 13
development and responsibilities under KRS 158.6453(19); 14
2. Assignment of all instructional and noninstructional staff time; 15
3. Assignment of students to classes and programs within the school; 16
4. Determination of the schedule of the school day and week, subject to the 17
beginning and ending times of the school day and school calendar year 18
as established by the local board; 19
5. Determination of use of school space during the school day related to 20
improving classroom teaching and learning; 21
6. Planning and resolution of issues regarding instructional practices; 22
7. Selection and implementation of discipline and classroom management 23
techniques as a part of a comprehensive school safety plan, including 24
responsibilities of the student, parent, teacher, counselor, and principal; 25
8. Selection of extracurricular programs and determination of policies 26
relating to student participation based on academic qualifications and 27 UNOFFICIAL COPY 22 RS BR 1559
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attendance requirements, program evaluation, and supervision; 1
9. Adoption of an emergency plan as required in KRS 158.162; 2
10. Procedures, consistent with local school board policy, for determining 3
alignment with state standards, technology utilization, and program 4
appraisal; and 5
11. Procedures to assist the council with consultation in the selection of 6
personnel by the principal, including but not limited to meetings, 7
timelines, interviews, review of written applications, and review of 8
references. Procedures shall address situations in which members of the 9
council are not available for consultation; and 10
(j) Each school council shall annually review data as shown on state and local 11
student assessments required under KRS 158.6453. The data shall include but 12
not be limited to information on performance levels of all students tested, and 13
information on the performance of students disaggregated by race, gender, 14
disability, and participation in the federal free and reduced price lunch 15
program. After completing the review of data, each school council, with the 16
involvement of parents, faculty, and staff, shall develop and adopt a plan to 17
ensure that each student makes progress toward meeting the goals set forth in 18
KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan 19
to the superintendent and local board of education for review as described in 20
KRS 160.340. The Kentucky Department of Education shall provide each 21
school council the data needed to complete the review required by this 22
paragraph no later than October 1 of each year. If a school does not have a 23
council, the review shall be completed by the principal with the involvement 24
of parents, faculty, and staff. 25
(3) The policies adopted by the local board to implement school-based decision making 26
shall also address the following: 27 UNOFFICIAL COPY 22 RS BR 1559
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(a) School budget and administration, including: discretionary funds; activity and 1
other school funds; funds for maintenance, supplies, and equipment; and 2
procedures for authorizing reimbursement for training and other expenses; 3
(b) Assessment of individual student progress, including testing and reporting of 4
student progress to students, parents, the school district, the community, and 5
the state; 6
(c) School improvement plans, including the form and function of strategic 7
planning and its relationship to district planning, as well as the school safety 8
plan and requests for funding from the Center for School Safety under KRS 9
158.446; 10
(d) Professional development plans developed pursuant to KRS 156.095; 11
(e) Parent, citizen, and community participation including the relationship of the 12
council with other groups; 13
(f) Cooperation and collaboration within the district, with other districts, and with 14
other public and private agencies; 15
(g) Requirements for waiver of district policies; 16
(h) Requirements for record keeping by the school council; and 17
(i) A process for appealing a decision made by a school council. 18
(4) In addition to the authority granted to the school council in this section, the local 19
board may grant to the school council any other authority permitted by law. The 20
board shall make available liability insurance coverage for the protection of all 21
members of the school council from liability arising in the course of pursuing their 22
duties as members of the council. 23
(5) All schools shall implement school-based decision making in accordance with this 24
section and with the policy adopted by the local board pursuant to this section. 25
Upon favorable vote of a majority of the faculty at the school and a majority of at 26
least twenty-five (25) voting parents of students enrolled in the school, a school 27 UNOFFICIAL COPY 22 RS BR 1559
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meeting its goal as determined by the Department of Education pursuant to KRS 1
158.6455 may apply to the Kentucky Board of Education for exemption from the 2
requirement to implement school-based decision making, and the state board shall 3
grant the exemption. The voting by the parents on the matter of exemption from 4
implementing school-based decision making shall be in an election conducted by 5
the parent and teacher organization of the school or, if none exists, the largest 6
organization of parents formed for this purpose. Notwithstanding the provisions of 7
this section, a local school district shall not be required to implement school-based 8
decision making if the local school district contains only one (1) school. 9
(6) The Department of Education shall provide professional development activities to 10
assist schools in implementing school-based decision making. A school district may 11
require school council members elected for the first time shall complete[ a 12
minimum of six (6) clock hours of training in the process of school-based decision 13
making, no later than thirty (30) days after the beginning of the service year for 14
which they are elected to serve. School council members who have served on a 15
school council at least one (1) year shall complete a minimum of three (3) clock 16
hours of training in the process of school-based decision making no later than one 17
hundred twenty (120) days after the beginning of the service year for which they are 18
elected to serve. Experienced members may participate in the training for new 19
members to fulfill their training requirement. School council training required under 20
this subsection shall be conducted by trainers endorsed by the Department of 21
Education. By November 1 of each year, the principal through the local 22
superintendent shall forward to the Department of Education the names and 23
addresses of each council member and verify that the required training has been 24
completed. School council members elected to fill a vacancy shall complete the 25
applicable training within thirty (30) days of their election]. 26
(7) A school that chooses to have school-based decision making but would like to be 27 UNOFFICIAL COPY 22 RS BR 1559
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exempt from the administrative structure set forth by this section may develop a 1
model for implementing school-based decision making, including but not limited to 2
a description of the membership, organization, duties, and responsibilities of a 3
school council. The school shall submit the model through the local board of 4
education to the commissioner of education and the Kentucky Board of Education, 5
which shall have final authority for approval. The application for approval of the 6
model shall show evidence that it has been developed by representatives of the 7
parents, students, certified personnel, and the administrators of the school and that 8
two-thirds (2/3) of the faculty have agreed to the model. 9
(8) The Kentucky Board of Education, upon recommendation of the commissioner of 10
education, shall adopt by administrative regulation a formula by which school 11
district funds shall be allocated to each school council. Included in the school 12
council formula shall be an allocation for professional development that is at least 13
sixty-five percent (65%) of the district's per pupil state allocation for professional 14
development for each student in average daily attendance in the school. The school 15
council shall plan professional development in compliance with requirements 16
specified in KRS 156.095, except as provided in KRS 158.649. School councils of 17
small schools shall be encouraged to work with other school councils to maximize 18
professional development opportunities. 19
(9) (a) No board member, superintendent of schools, district employee, or member of 20
a school council shall intentionally engage in a pattern of practice which is 21
detrimental to the successful implementation of or circumvents the intent of 22
school-based decision making to allow the professional staff members of a 23
school and parents to be involved in the decision making process in working 24
toward meeting the educational goals established in KRS 158.645 and 25
158.6451 or to make decisions in areas of policy assigned to a school council 26
pursuant to paragraph (i) of subsection (2) of this section. 27 UNOFFICIAL COPY 22 RS BR 1559
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(b) An affected party who believes a violation of this subsection has occurred may 1
file a written complaint with the Office of Education Accountability. The 2
office shall investigate the complaint and resolve the conflict, if possible, or 3
forward the matter to the Kentucky Board of Education. 4
(c) The Kentucky Board of Education shall conduct a hearing in accordance with 5
KRS Chapter 13B for complaints referred by the Office of Education 6
Accountability. 7
(d) If the state board determines a violation has occurred, the party shall be 8
subject to reprimand. A second violation of this subsection may be grounds 9
for removing a superintendent or a member of a school council from office or 10
grounds for dismissal of an employee for misconduct in office or willful 11
neglect of duty. 12
(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the 13
state board determines a violation of the confidentiality requirements set forth 14
in subsection (2)(h)2. of this section by a school council member has 15
occurred, the state board shall remove the member from the school council, 16
and the member shall be permanently prohibited from serving on any school 17
council in the district. 18
(10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or 19
maintain a school-based decision making council and the powers, duties, and 20
authority granted to a school council may be rescinded or the school council's role 21
may be advisory if the commissioner of education or the Kentucky Board of 22
Education takes action under KRS 160.346. 23
(11) Each school council of a school containing grades K-5 or any combination thereof, 24
or if there is no school council, the principal, shall develop and implement a 25
wellness policy that includes moderate to vigorous physical activity each day and 26
encourages healthy choices among students. The policy may permit physical activity 27 UNOFFICIAL COPY 22 RS BR 1559
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to be considered part of the instructional day, not to exceed thirty (30) minutes per 1
day, or one hundred and fifty (150) minutes per week. Each school council, or if 2
there is no school council, the principal, shall adopt an assessment tool to determine 3
each child's level of physical activity on an annual basis. The council or principal 4
may utilize an existing assessment program. The Kentucky Department of 5
Education shall make available a list of available resources to carry out the 6
provisions of this subsection. The department shall report to the Legislative 7
Research Commission no later than November 1 of each year on how the schools 8
are providing physical activity under this subsection and on the types of physical 9
activity being provided. The policy developed by the school council or principal 10
shall comply with provisions required by federal law, state law, or local board 11
policy. 12
(12) Discretionary authority exercised under subsection (2)(h)2.b. of this section shall 13
not violate provisions of any employer-employee bargained contract existing 14
between the district and its employees. 15
Section 14. KRS 160.180 is amended to read as follows: 16
(1) As used in this section, "relative" means father, mother, brother, sister, husband, 17
wife, son, and daughter. 18
(2) No person shall be eligible for membership on a board of education: 19
(a) Unless he has attained the age of twenty-four (24) years; and 20
(b) Unless he has been a citizen of Kentucky for at least three (3) years preceding 21
his election and is a voter of the district for which he is elected; and 22
(c) Unless he has completed at least the twelfth grade or has been issued a High 23
School Equivalency Diploma; and 24
(d) Unless an affidavit signed under penalty of perjury certifying completion of 25
the twelfth grade or the equivalent as determined by passage of the twelfth 26
grade equivalency examination held under regulations adopted by the 27 UNOFFICIAL COPY 22 RS BR 1559
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Kentucky Board of Education has been filed with the nominating petition 1
required by KRS 118.315; and 2
(e) For a candidate who files a nominating petition as required by KRS 118.315 3
on or after April 4, 2018, unless a transcript evidencing completion of the 4
twelfth grade or results of a twelfth grade equivalency examination has been 5
filed with the nominating petition; or 6
(f) Who holds any elective federal, state, county, or city office; or 7
(g) Who, at the time of his election, is directly or indirectly interested in the sale 8
to the board of books, stationery, or any other property, materials, supplies, 9
equipment, or services for which school funds are expended; or 10
(h) Who has been removed from membership on a board of education for cause; 11
or 12
(i) Who has a relative as defined in subsection (1) of this section employed by the 13
school district and is elected after July 13, 1990. However, this shall not apply 14
to a board member holding office on July 13, 1990, whose relative was not 15
initially hired by the district during the tenure of the board member. 16
(3) If, after the election of any member of the board, he becomes interested in any 17
contract with or claims against the board, of the kind mentioned in paragraph (g) of 18
subsection (2) of this section, or if he moves his residence from the district for 19
which he was chosen, or if he attempts to influence the hiring of any school 20
employee, except the superintendent of schools or school board attorney, or if he 21
does anything that would render him ineligible for reelection, he shall be subject to 22
removal from office pursuant to KRS 415.050 and 415.060. 23
(4) A board member shall be eligible for reelection unless he becomes disqualified. 24
[(5) The annual in-service training requirements for all school board members in office 25
as of December 31, 2014, shall be as follows: 26
(a) Twelve (12) hours for school board members with zero to three (3) years of 27 UNOFFICIAL COPY 22 RS BR 1559
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experience; 1
(b) Eight (8) hours for school board members with four (4) to seven (7) years of 2
experience; and 3
(c) Four (4) hours for school board members with eight (8) or more years of 4
experience. 5
The Kentucky Board of Education shall identify the criteria for fulfilling this 6
requirement. 7
(6) (a) For all board members who begin their initial service on or after January 1, 8
2015, the annual in-service training requirements shall be twelve (12) hours 9
for school board members with zero to eight (8) years of experience and eight 10
(8) hours for school board members with more than eight (8) years of 11
experience. 12
(b) Training topics for school board members shall include: 13
1. Three (3) hours of finance, one (1) hour of ethics, and one (1) hour of 14
superintendent evaluation annually for members with zero to three (3) 15
years' experience; 16
2. Two (2) hours of finance, one (1) hour of ethics, and one (1) hour of 17
superintendent evaluation annually for members with four (4) to seven 18
(7) years' experience; and 19
3. One (1) hour of finance, one (1) hour of ethics, and one (1) hour of 20
superintendent evaluation biennially for members with eight (8) or more 21
years' experience. 22
The Kentucky Board of Education shall identify criteria for fulfilling this 23
requirement.] 24
Section 15. KRS 158.060 is amended to read as follows: 25
(1) Twenty (20) school days, or days in which teachers are actually employed in the 26
schoolroom, shall constitute a school month in the common schools. 27 UNOFFICIAL COPY 22 RS BR 1559
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(2) Each full-time teacher shall be provided with a duty-free lunch period each day 1
during the regularly scheduled student lunch period. The duty-free lunch period 2
shall be not less than the length of the lunch period specified in the school calendar 3
approved by the chief state school officer. A full-time teacher may be assigned to 4
lunch room duty during the regularly scheduled student lunch period only for an 5
amount of time equal to the noninstructional time in excess of fifty-five (55) 6
minutes included in the teacher's daily schedule. The calculation of noninstructional 7
time shall not include the teacher's duty-free lunch period, the time teachers are 8
required to be at school prior to the start of the student's instructional day, or the 9
time teachers are required to remain at school after the students are dismissed. 10
(3) Except for children with disabilities and children attending the primary school 11
program who may attend a program of less than six (6) hours per day under policy 12
adopted by the local school district board of education and approved by the 13
commissioner of education and children attending a school district where the local 14
board has approved a schedule that provides at least the equivalent of six (6) hours 15
of daily instruction during the school year, a minimum of six (6) hours of actual 16
school work shall constitute a school day. Kindergarten programs may be operated 17
for less than six (6) hours without state board approval. The Kentucky Board of 18
Education, upon recommendation of the chief state school officer, shall develop and 19
approve regulations governing make up by school districts of whole days missed 20
due to emergencies, or partial days missed as a result of shortening regularly 21
scheduled school days due to emergencies. 22
(4) (a) In addition to the duty-free lunch period required by subsection (2) of this 23
section, each full-time teacher[teachers] shall be provided a minimum of two 24
hundred and fifty (250) minutes each school week[additional time] for 25
nonteaching activities. If a school week does not contain five (5) 26
instructional days, the required minimum number of minutes may be 27 UNOFFICIAL COPY 22 RS BR 1559
Page 73 of 73
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reduced proportionally. The nonteaching time shall be used at the discretion 1
of the teacher[to provide teachers opportunities] for professional 2
development[ activities as provided in KRS 156.095], instructional planning, 3
evaluation of student work and performance, school-based decision making[ 4
as provided in KRS 160.345], curriculum development, [and ]outreach 5
activities involving their students' families and the community, and other 6
professional duties. 7
(b) A teacher may forgo nonteaching time required by paragraph (a) of this 8
subsection to cover a substitute teacher or staff shortage in the school. A 9
teacher that does so shall be compensated at the teacher's hourly rate for 10
the portion of the nonteaching time spent providing instruction or other 11
student services. 12
(c) The provisions of this subsection shall not reduce any rights of school 13
district employees as set forth in an existing employer-employee bargained 14
contract. 15
(5) Character education programs and activities shall be considered valuable and 16
legitimate components of the actual school work constituting a school day under 17
subsection (3) of this section. 18