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AN ACT relating to education and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, unless the context requires otherwise: 5
(a) "Bigotry" means any of the following concepts: 6
1. The belief that an individual or group, by virtue of their race, sex, or 7
religion: 8
a. Bears responsibility or accountability for actions committed by 9
other individuals of the same race, sex, or religion; or 10
b. Should feel personal guilt, anguish, shame, or embarrassment 11
on account of their race, sex, or religion; 12
2. The belief that an individual or group should be discriminated against 13
or otherwise receive adverse treatment solely, or partly, because of 14
their race, sex, or religion; 15
3. The belief that an individual or group should not, or cannot, attempt 16
to treat others of a different race, sex, or religion without respect to 17
race, sex, or religion; 18
4. Race or sex essentialism, meaning: 19
a. Assigning values, moral and ethical codes, privileges, status, or 20
beliefs to an individual or group of persons based on their race 21
or sex, including the assumption that an individual or group's 22
race or sex makes them fundamentally or inherently dominant, 23
privileged, oppressed, oppressive, or victimized; 24
b. The belief that an individual or group's moral character or 25
moral worth is determined, in whole or part, by their race or sex; 26
or 27 UNOFFICIAL COPY 22 RS BR 1770
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c. The belief that meritocracy or merit-based systems, or related 1
character traits such as a hard work ethic, self-reliance, 2
objectivity, rational or linear thinking, planning for the future, 3
or delayed gratification: 4
i. Are racist, sexist, or oppressive; 5
ii. Were created by members of a particular race or sex to 6
protect their political, financial, or social status or to 7
oppress members of another race or sex; or 8
iii. Are traits that generally differentiate Americans on the 9
basis of race or sex; 10
(b) "Critical social justice" means the ideological worldview that: 11
1. Sees people primarily in terms of their immutable characteristics or 12
social group membership; and 13
2. Cynically analyzes and seeks to disrupt the relationship between those 14
immutable characteristics or social groups and societal power and 15
privilege; and 16
3. Cynically analyzes and seeks to disrupt the ways those immutable 17
characteristics or social groups intersect in a matrix of domination, 18
oppression, and marginalization that promotes the interests of the 19
dominant while excluding or harming everyone else; 20
(c) "Revisionist history" means one (1) or more of the following concepts: 21
1. Slavery, racism, sexism, and white supremacy are practices and 22
principles that are fundamental to America rather than deviations 23
from the American promise of life, liberty, and the pursuit of 24
happiness, as expressed in the Declaration of Independence and 25
enshrined in the Constitution of the Commonwealth of Kentucky and 26
the Constitution of the United States; 27 UNOFFICIAL COPY 22 RS BR 1770
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2. The advent of slavery in the territory that is now the United States 1
constituted the true founding of the United States; and 2
3. The United States or the Commonwealth of Kentucky is 3
fundamentally or inherently racist or sexist, including the theory that 4
racism is not merely the product of individual prejudice but is 5
embedded in American society for the purpose of upholding white 6
supremacy; and 7
(d) "Student" means an individual attending a public school. 8
(2) (a) Notwithstanding KRS 158.210 to 158.260 and Section 2 of this Act, 9
consistent with the Constitutions of the United States of America and the 10
Commonwealth of Kentucky, a superintendent or board of a public charter 11
school shall ensure that no public school or public charter school offers any 12
classroom instruction or discussion, formal or informal, or distributes any 13
printed or digital materials, including but not limited to textbooks and 14
instructional materials, that: 15
1. Disparage the fundamental American value of equality; or 16
2. Advocate, inculcate, or promote bigotry, revisionist history, or critical 17
social justice. 18
(b) Nothing in this section shall be interpreted to: 19
1. Prohibit discussing, as part of a larger course of academic instruction, 20
the historical existence of bigotry or the historical existence of 21
revisionist views of history, or how those views have influenced 22
historical figures or American history, provided that the teaching does 23
not: 24
a. Disparage the fundamental American value of equality; 25
b. Advocate, inculcate, or promote bigotry, revisionist history, or 26
critical social justice; or 27 UNOFFICIAL COPY 22 RS BR 1770
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c. Compel any individual to affirm, adopt, adhere to, profess, or 1
promote concepts in violation of federal and state anti-2
discrimination laws; or 3
2 Regulate the conduct or speech of students. 4
(3) (a) A teacher who chooses to discuss a current event or topic shall explore the 5
event or topic from diverse and contending perspectives without conveying 6
personal opinions about the event or topic. 7
(b) No state agency, local board of education, school district, or school shall 8
require the following of any student for the student to receive course credit 9
or successfully to complete a course assignment: 10
1. Personally associate with any organization engaged in lobbying efforts 11
relating to federal, state, or local legislation; 12
2. Personally engage in lobbying for or against legislation at the local, 13
state, or federal level; 14
3. Personally participate or associate with the activities of any 15
organization engaged in social or public policy advocacy; or 16
4. Personally participate or associate with any partisan activity relating 17
to social or public policy advocacy. 18
(c) Private funding shall not be accepted by any state agency or school district 19
for history or social studies curriculum development, curricular materials, 20
teacher training, or professional development that: 21
1. Disparages the fundamental American value of equality; or 22
2. Advocates, inculcates, or promotes bigotry, revisionist history, or 23
critical social justice. 24
(d) Nothing in this subsection shall be construed to prohibit individuals from 25
observing or participating in lawful government processes or volunteering 26
support for the lawful operations of federal, state, or local government 27 UNOFFICIAL COPY 22 RS BR 1770
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agencies and organizations, including agencies and organizations of a 1
legislative branch, judicial branch, or executive branch of a government 2
entity. 3
(4) No state agency, local board of education, school district, or public school shall 4
use public funds to contract with, hire, or otherwise engage speakers, 5
consultants, trainers, and other persons to communicate with students, school 6
administrators, teachers, or other personnel for the purpose of: 7
(a) Professing or promoting bigotry, revisionist history, or critical social justice 8
or the rejection of the fundamental American value of equality; or 9
(b) Compelling or encouraging the audience to reject the fundamental 10
American value of equality or to affirm, adopt, adhere to, profess, or 11
promote bigotry, revisionist history, or critical social justice. 12
(5) A complaint alleging a violation of subsection (2) or (3) of this section shall be 13
filed with the Office of Education Accountability. 14
(a) A complaint filed pursuant to this paragraph shall not be valid unless: 15
1. The complaint is filed by: 16
a. Any parent or guardian of a student enrolled in the school where 17
the alleged violation occurred; 18
b. A student who is enrolled at the school where the alleged 19
violation occurred who has reached the age of majority or is a 20
lawfully emancipated minor; or 21
c. A classified or certified employee of the school where the alleged 22
violation occurred; and 23
2. The complaint is in writing and includes: 24
a. The name and contact information of the complainant; 25
b. The name of the school and school district where the alleged 26
violation occurred; and 27 UNOFFICIAL COPY 22 RS BR 1770
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c. A detailed description of the facts underlying an alleged 1
violation, including the date of the alleged violation and the 2
name of any individual associated with the violation. 3
(b) The Office of Education Accountability shall promptly send a letter or 4
notice and a copy of each valid complaint to: 5
1. The principal of the school where the alleged violation occurred for an 6
investigation and determination in accordance with subsection (6) of 7
this section if the complaint arises from an alleged act or omission of 8
any school employee other than the principal; 9
2. The superintendent of the school district where the alleged violation 10
occurred for an investigation and determination in accordance with 11
subsection (7) of this section if the complaint arises from an alleged 12
act or omission of the principal; or 13
3. The board of education of the district where the alleged violation 14
occurred for an investigation and determination in accordance with 15
subsection (8) of this section if the complaint arises from an alleged 16
act or omission of a superintendent or local board of education. 17
(c) The Office of Education Accountability shall have no role in the 18
investigation or determination of any complaint. Any documents received 19
and maintained under this statute are protected from disclosure under 20
Section 3 of this Act. 21
(6) If a complaint arises from an alleged act or omission of a school employee other 22
than a principal or superintendent: 23
(a) Upon receiving the letter of notice and complaint, the principal or the 24
principal's designee shall: 25
1. Promptly review the complaint, take reasonable steps to investigate the 26
allegations contained in the complaint, and take reasonable steps to 27 UNOFFICIAL COPY 22 RS BR 1770
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confer with the complainant; and 1
2. Within ten (10) school days, unless an extended schedule is mutually 2
agreed upon by the complainant and the principal, issue a principal's 3
determination that: 4
a. Provides a summary of the steps taken by the principal to 5
investigate the complaint; 6
b. States the principal's determination of whether a violation of 7
subsection (2) or (3) of this section has occurred and the factual 8
basis to support that determination; 9
c. If the principal determines that a violation of subsection (2) or 10
(3) of this section has occurred, states the remedial steps that 11
have been or will be taken to address the violation; and 12
d. Shall be immediately sent to the complainant, the 13
superintendent, and Office of Educational Accountability. 14
(b) If a complainant believes a principal's determination issued in accordance 15
with paragraph (a) of this subsection does not adequately resolve the 16
complaint, or if a timely principal's determination is not issued, the 17
complainant may submit a written request to reconsider the principal's 18
determination or to make a determination if none has been issued to the 19
superintendent. A request to the superintendent made pursuant to this 20
paragraph shall be handled in accordance with subsection (7) of this 21
section. 22
(7) If a complaint arises from an alleged act or omission of a school principal or a 23
complainant submits a written request in accordance with subsection (6)(b) of 24
this section: 25
(a) Upon receiving the letter of notice and complaint or written request in 26
accordance with subsection (6)(b) of this section, the superintendent or 27 UNOFFICIAL COPY 22 RS BR 1770
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superintendent's designee shall: 1
1. Promptly review the complaint, take reasonable steps to investigate the 2
allegations contained in the complaint, and take reasonable steps to 3
confer with the complainant; 4
2. If applicable, promptly review the principal's determination; and 5
3. Within twenty (20) school days of the date of the complainant's written 6
request, unless an extended schedule is mutually agreed upon by the 7
complainant and the superintendent, issue a superintendent's 8
determination that: 9
a. Provides a summary of the steps taken by the superintendent to 10
investigate the complaint and, if applicable, the principal's 11
determination; 12
b. States the superintendent's determination of whether a violation 13
of subsection (2) or (3) of this section has occurred and the 14
factual basis to support that determination; 15
c. If the superintendent determines that a violation of subsection 16
(2) or (3) of this section has occurred, states the remedial steps 17
that have been or will be taken to address the violation; and 18
d. Shall be immediately sent to the complainant, the local board of 19
education, and Office of Educational Accountability. 20
(b) If a complainant believes a superintendent's determination issued in 21
accordance with paragraph (a) of this subsection does not adequately 22
resolve the complaint, or if a timely superintendent's determination is not 23
issued, the complainant may submit a final written request to reconsider the 24
superintendent's determination or to make a determination if none is issued 25
to the local board of education, which shall be handled in accordance with 26
subsection (8) of this section. 27 UNOFFICIAL COPY 22 RS BR 1770
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(8) If a complaint arises from an alleged act or omission of a superintendent or local 1
board of education or a complainant submits a written request in accordance 2
with subsection (7)(b) of this section, the local board of education shall: 3
(a) Promptly review the complaint, take reasonable steps to investigate the 4
allegations contained in the complaint, and take reasonable steps to confer 5
with the complainant; 6
(b) If applicable, promptly review the principal and superintendent's 7
determinations; and 8
(c) Within thirty (30) calendar days of the date of the complainant's written 9
request, unless an extended schedule is mutually agreed upon by the 10
complainant and the local board of education, issue a final district 11
determination that: 12
1. Provides a summary of the steps taken by the board to investigate the 13
complaint and, if applicable, the principal and superintendent's 14
determinations; 15
2. States the board's determination of whether a violation of subsection 16
(2) or (3) of this section has occurred and the factual basis to support 17
that determination; and 18
3. If the board determines that a violation of subsection (2) or (3) of this 19
section has occurred, states the remedial steps that have been or will 20
be taken to address the violation; 21
4. Shall be immediately sent to the complainant and Office of 22
Educational Accountability; and 23
5. Shall be final and appealable in accordance with subsection (10) of 24
this section. 25
(9) (a) A local board of education shall adopt a policy for a complaint resolution 26
process that meets the requirements of subsections (6), (7), and (8) of this 27 UNOFFICIAL COPY 22 RS BR 1770
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section. 1
(b) No later than July 1, 2022, the Kentucky Board of Education shall 2
promulgate a model policy that a local school board may adopt for a 3
complaint resolution process that meets the requirements of subsections (6), 4
(7), and (8) of this section. 5
(c) The Department of Education shall develop, publish, and update as 6
necessary a sample complaint response form, superintendent response form, 7
and guidance that principals, superintendents, and local boards of 8
education may use when determining: 9
1. The appropriate steps necessary to investigate a complaint alleging a 10
violation of subsection (2) or (3) of this section; 11
2. Whether a violation of subsection (2) or (3) of this section occurred; 12
and 13
3. What remedial steps are appropriate to address a violation of 14
subsection (2) or (3) of this section are sufficient, including suggested 15
outcomes and actions. 16
(10) (a) Notwithstanding any provision of law to the contrary, including but not 17
limited to any claim to civil immunity, if an individual identified in 18
subsection (5)(a)1. of this section has exhausted the applicable 19
administrative remedies as set forth in subsections (5) to (8) of this section, 20
but the alleged violation persists, the individual shall have a cause of action 21
against the school district or any of its agents acting in their official 22
capacities for injunctive relief and all damages arising from the violation, 23
including but not limited to reasonable attorney's fees and litigation costs. 24
(b) A claim brought pursuant to this subsection may be asserted in the Circuit 25
Court of the county in which the school district is located within one (1) 26
year from the date the final review is issued or due to be issued by the local 27 UNOFFICIAL COPY 22 RS BR 1770
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board of education in accordance with subsection (8) of this section. 1
(c) The Circuit Court shall review the allegations contained in a valid 2
complaint submitted in accordance with subsection (5) of this section de 3
novo. 4
(d) The remedies identified in this subsection shall be in addition to, not in lieu 5
of, any other remedies available at law or equity. 6
(e) The school district is authorized and encouraged to negotiate extra-judicial 7
settlements of any bona fide claim brought pursuant to this subsection. 8
(f) If a claim brought pursuant to this subsection is ruled frivolous by the 9
Circuit Court, the plaintiff shall: 10
1. Be liable for a fine in an amount no less than five thousand dollars 11
($5,000) and no more than ten thousand dollars ($10,000) paid to the 12
benefit of the school district; and 13
2. Reimburse the school district for all court costs and reasonable 14
attorney's fees for defending the action. 15
(11) The Attorney General may bring an action against a school district, or any of its 16
agents acting in their official capacities, to enforce subsections (2) or (3) of this 17
section. 18
(12) A local board of education shall notify the Office of Education Accountability of 19
any legal action brought pursuant to subsection (10) or (11) of this section. 20
(13) (a) The superintendent of each local school district or governing board of each 21
public charter school shall require the principal of each public school or 22
public charter school to provide written notice to all students and parents 23
and guardians of students within ten (10) days of the first instructional day 24
of each school year and upon any verbal, written, or electronic complaint 25
implicating a potential violation of subsection (2) or (3) of this section of: 26
1. The provisions of this section; 27 UNOFFICIAL COPY 22 RS BR 1770
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2. The right of a student or parent or guardian of a student to file a 1
complaint with the Office of Education Accountability in accordance 2
with subsection (5) of this section; 3
3. The specific procedures for filing a complaint with the Office of 4
Education Accountability, including but not limited to a link to the 5
form to submit the complaint; and 6
4. The right of a student or student's parent or guardian to pursue legal 7
action for injunctive relief and all damages arising from a violation of 8
subsection (2) or (3) of this section, including but not limited to 9
reasonable attorney's fees and litigation costs, in accordance with 10
subsection (10) of this section if the alleged violation is not resolved 11
upon exhaustion of the applicable administrative remedies set forth in 12
subsections (5) to (8) of this section. 13
(b) The notice required by paragraph (a) of this subsection shall be accessible 14
to students and parents and guardians of students through the official 15
school district and school Web sites. 16
(14) A school district or school district employee shall not subject an individual to any 17
retaliation, adverse employment action, warning, discipline, other adverse 18
consequences for filing a complaint in in accordance with subsection (5)of this 19
section, filing a lawsuit in accordance with subsection (10) of this section, or 20
supporting the complaint or lawsuit of another. 21
Section 2. KRS 160.345 is amended to read as follows: 22
(1) For the purpose of this section: 23
(a) "Minority" means American Indian; Alaskan native; African-American; 24
Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or 25
South American origin; Pacific islander; or other ethnic group 26
underrepresented in the school; 27 UNOFFICIAL COPY 22 RS BR 1770
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(b) "School" means an elementary or secondary educational institution that is 1
under the administrative control of a principal and is not a program or part of 2
another school. The term "school" does not include district-operated schools 3
that are: 4
1. Exclusively vocational-technical, special education, or preschool 5
programs; 6
2. Instructional programs operated in institutions or schools outside of the 7
district; or 8
3. Alternative schools designed to provide services to at-risk populations 9
with unique needs; 10
(c) "Teacher" means any person for whom certification is required as a basis of 11
employment in the public schools of the state, with the exception of principals 12
and assistant principals; and 13
(d) "Parent" means: 14
1. A parent, stepparent, or foster parent of a student; or 15
2. A person who has legal custody of a student pursuant to a court order 16
and with whom the student resides. 17
(2) Each local board of education shall adopt a policy for implementing school-based 18
decision making in the district which shall include but not be limited to a 19
description of how the district's policies, including those developed pursuant to 20
KRS 160.340, have been amended to allow the professional staff members of a 21
school to be involved in the decision-making process as they work to meet 22
educational goals established in KRS 158.645 and 158.6451. The policy may 23
include a requirement that each school council make an annual report at a public 24
meeting of the board describing the school's progress in meeting the educational 25
goals set forth in KRS 158.6451 and district goals established by the board. The 26
policy shall also address and comply with the following: 27 UNOFFICIAL COPY 22 RS BR 1770
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(a) Except as provided in paragraph (b)2. of this subsection, each participating 1
school shall form a school council composed of two (2) parents, three (3) 2
teachers, and the principal or administrator. The membership of the council 3
may be increased, but it may only be increased proportionately. A parent 4
representative on the council shall not be an employee or a relative of an 5
employee of the school in which that parent serves, nor shall the parent 6
representative be an employee or a relative of an employee in the district 7
administrative offices. A parent representative shall not be a local board 8
member or a board member's spouse. None of the members shall have a 9
conflict of interest pursuant to KRS Chapter 45A, except the salary paid to 10
district employees; 11
(b) 1. The teacher representatives shall be elected for one (1) year terms by a 12
majority of the teachers. A teacher elected to a school council shall not 13
be involuntarily transferred during his or her term of office. The parent 14
representatives shall be elected for one (1) year terms. The parent 15
members shall be elected by the parents of students preregistered to 16
attend the school during the term of office in an election conducted by 17
the parent and teacher organization of the school or, if none exists, the 18
largest organization of parents formed for this purpose. A school 19
council, once elected, may adopt a policy setting different terms of 20
office for parent and teacher members subsequently elected. The 21
principal shall be the chair of the school council. 22
2. School councils in schools having eight percent (8%) or more minority 23
students enrolled, as determined by the enrollment on the preceding 24
October 1, shall have at least one (1) minority member. If the council 25
formed under paragraph (a) of this subsection does not have a minority 26
member, the principal, in a timely manner, shall be responsible for 27 UNOFFICIAL COPY 22 RS BR 1770
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carrying out the following: 1
a. Organizing a special election to elect an additional member. The 2
principal shall call for nominations and shall notify the parents of 3
the students of the date, time, and location of the election to elect a 4
minority parent to the council by ballot; and 5
b. Allowing the teachers in the building to select one (1) minority 6
teacher to serve as a teacher member on the council. If there are no 7
minority teachers who are members of the faculty, an additional 8
teacher member shall be elected by a majority of all teachers. Term 9
limitations shall not apply for a minority teacher member who is 10
the only minority on faculty; 11
(c) 1. The school council shall have the responsibility to set school policy 12
consistent with district board policy which shall provide an environment 13
to enhance the students' achievement and help the school meet the goals 14
established by KRS 158.645 and 158.6451. The principal shall be the 15
primary administrator and the instructional leader of the school, and 16
with the assistance of the total school staff shall administer the policies 17
established by the school council and the local board. 18
2. If a school council establishes committees, it shall adopt a policy to 19
facilitate the participation of interested persons, including, but not 20
limited to, classified employees and parents. The policy shall include the 21
number of committees, their jurisdiction, composition, and the process 22
for membership selection; 23
(d) The school council and each of its committees shall determine the frequency 24
of and agenda for their meetings. Matters relating to formation of school 25
councils that are not provided for by this section shall be addressed by local 26
board policy; 27 UNOFFICIAL COPY 22 RS BR 1770
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(e) The meetings of the school council shall be open to the public and all 1
interested persons may attend. However, the exceptions to open meetings 2
provided in KRS 61.810 shall apply; 3
(f) After receiving notification of the funds available for the school from the local 4
board, the school council shall determine, within the parameters of the total 5
available funds, the number of persons to be employed in each job 6
classification at the school. The council may make personnel decisions on 7
vacancies occurring after the school council is formed but shall not have the 8
authority to recommend transfers or dismissals; 9
(g) The local superintendent[school council] shall determine which curriculum, 10
textbooks, instructional materials, and student support services shall be 11
provided in the school after consulting with the school principal and the 12
school council and after a reasonable review and response period for 13
stakeholders in accordance with local board of education policy. The 14
superintendent shall not select curriculum, textbooks, instructional 15
materials, or student support services that violate subsection (2) or (3) of 16
Section 1 of this Act. Subject to available resources, the local board shall 17
allocate an appropriation to each school that is adequate to meet the school's 18
needs related to instructional materials and school-based student support 19
services, as determined by the school principal after consultation with the 20
school council. The school council shall consult with the school media 21
librarian on the maintenance of the school library media center, including the 22
purchase of instructional materials, information technology, and equipment; 23
(h) Personnel decisions at the school level shall be as follows: 24
1. From a list of qualified applicants submitted by the local superintendent, 25
the principal at the participating school shall select personnel to fill 26
vacancies, after consultation with the school council, consistent with 27 UNOFFICIAL COPY 22 RS BR 1770
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paragraph (i)11. of this subsection. The superintendent shall provide 1
additional applicants to the principal upon request when qualified 2
applicants are available. The superintendent may forward to the school 3
council the names of qualified applicants who have pending certification 4
from the Education Professional Standards Board based on recent 5
completion of preparation requirements, out-of-state preparation, or 6
alternative routes to certification pursuant to KRS 161.028 and 161.048. 7
Requests for transfer shall conform to any employer-employee bargained 8
contract which is in effect; 9
2. a. i. If the vacancy to be filled is the position of principal, the 10
outgoing principal shall not serve on the council during the 11
principal selection process. The superintendent or the 12
superintendent's designee shall serve as the chair of the 13
council for the purpose of the hiring process and shall have 14
voting rights during the selection process. 15
ii. Except as provided in subdivision b. of this subparagraph, 16
the council shall have access to the applications of all 17
persons certified for the position. The principal shall be 18
elected on a majority vote of the membership of the council. 19
The school council shall receive training in recruitment and 20
interviewing techniques prior to carrying out the process of 21
selecting a principal. The council shall select the trainer to 22
deliver the training; 23
b. An alternative principal selection process may be used by the 24
school council as follows: 25
i. Prior to a meeting called to select a principal, all school 26
council members shall receive informational materials 27 UNOFFICIAL COPY 22 RS BR 1770
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regarding Kentucky open records and open meetings laws 1
and sign a nondisclosure agreement forbidding the sharing of 2
information shared and discussions held in the closed 3
session; 4
ii. The superintendent shall convene the school council and 5
move into closed session as provided in KRS 61.810(1)(f) to 6
confidentially recommend a candidate; 7
iii. The council shall have the option to interview the 8
recommended candidate while in closed session; and 9
iv. After any discussion, at the conclusion of the closed session, 10
the council shall decide, in a public meeting by majority vote 11
of the membership of the council, whether to accept or reject 12
the recommended principal candidate; 13
c. If the recommended candidate is selected, and the recommended 14
candidate accepts the offer, the name of the candidate shall be 15
made public during the next meeting in open session; 16
d. i. If the recommended candidate is not accepted by the school 17
council under subdivision b. of this subparagraph, then the 18
process set forth in subdivision a. of this subparagraph shall 19
apply. 20
ii. The confidentially recommended candidate's name and the 21
discussions of the closed session shall remain confidential 22
under KRS 61.810(1)(f), and any documents used or 23
generated during the closed meeting shall not be subject to an 24
open records request as provided in KRS 61.878(1)(i) and (j). 25
iii. A recommended candidate who believes a violation of this 26
subdivision has occurred may file a written complaint with 27 UNOFFICIAL COPY 22 RS BR 1770
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the Kentucky Board of Education. 1
iv. A school council member who is found to have disclosed 2
confidential information regarding the proceeding of the 3
closed session shall be subject to removal from the school 4
council by the Kentucky Board of Education under 5
subsection (9)(e) of this section; 6
3. No principal who has been previously removed from a position in the 7
district for cause may be considered for appointment as principal in that 8
district; 9
4. Personnel decisions made at the school level under the authority of 10
subparagraphs 1. and 2. of this paragraph shall be binding on the 11
superintendent who completes the hiring process; 12
5. Applicants subsequently employed shall provide evidence that they are 13
certified prior to assuming the duties of a position in accordance with 14
KRS 161.020; 15
6. Notwithstanding other provisions of this paragraph, if the applicant is 16
the spouse of the superintendent and the applicant meets the service 17
requirements of KRS 160.380(3)(a), the applicant shall only be 18
employed upon the recommendation of the principal and the approval of 19
a majority vote of the school council; and 20
7. [Beginning June 27, 2019, ]Notwithstanding the requirement that a 21
principal be elected on a majority vote of the council in subparagraph 2. 22
of this paragraph, if the school council is in a county school district in a 23
county with a consolidated local government adopted under KRS 24
Chapter 67C, then the selection of a principal shall be subject to 25
approval by the superintendent. If the superintendent does not approve 26
the principal selected by the council, then the superintendent may select 27 UNOFFICIAL COPY 22 RS BR 1770
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the principal; 1
(i) The school council shall adopt a policy to be implemented by the principal in 2
the following additional areas: 3
1. Determination of curriculum, including needs assessment, curriculum 4
development and responsibilities under KRS 158.6453(19); 5
2. Assignment of all instructional and noninstructional staff time; 6
3. Assignment of students to classes and programs within the school; 7
4. Determination of the schedule of the school day and week, subject to the 8
beginning and ending times of the school day and school calendar year 9
as established by the local board; 10
5. Determination of use of school space during the school day related to 11
improving classroom teaching and learning; 12
6. Planning and resolution of issues regarding instructional practices; 13
7. Selection and implementation of discipline and classroom management 14
techniques as a part of a comprehensive school safety plan, including 15
responsibilities of the student, parent, teacher, counselor, and principal; 16
8. Selection of extracurricular programs and determination of policies 17
relating to student participation based on academic qualifications and 18
attendance requirements, program evaluation, and supervision; 19
9. Adoption of an emergency plan as required in KRS 158.162; 20
10. Procedures, consistent with local school board policy, for determining 21
alignment with state standards, technology utilization, and program 22
appraisal; and 23
11. Procedures to assist the council with consultation in the selection of 24
personnel by the principal, including but not limited to meetings, 25
timelines, interviews, review of written applications, and review of 26
references. Procedures shall address situations in which members of the 27 UNOFFICIAL COPY 22 RS BR 1770
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council are not available for consultation; [and] 1
(j) Beginning with the 2022-2023 school year, each public school shall: 2
1. Include and maintain on the homepage of its Web site a link that 3
provides a detailed list of primary instructional materials used in all 4
courses available at the school, including but not limited to the title, 5
author, creator, and publisher of any book, periodical, treatise, article, 6
recording, software, Web site, or paper; 7
2. Review primary instructional materials of each course and update the 8
on-line list of primary instructional materials: 9
a. On a semiannual basis or more frequently as determined 10
necessary by the local school district or school administration; 11
and 12
b. Before a new course may be made available to student; and 13
3. a. Make all instructional materials, including primary, 14
supplementary, and ancillary materials used or proposed for use 15
by students available for on-site review during school hours 16
upon request of: 17
i. Any parent or guardian of a student who is or will be 18
enrolled in the school; and 19
ii. A student who has reached the age of majority or is a 20
lawfully emancipated minor and who is enrolled at the 21
school. 22
b. A request for review of instructional materials made in 23
accordance with this paragraph shall be accommodated by the 24
school at least twenty-four (24) hours prior to the use of the 25
instructional materials; and 26
(k) Each school council shall annually review data as shown on state and local 27 UNOFFICIAL COPY 22 RS BR 1770
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student assessments required under KRS 158.6453. The data shall include but 1
not be limited to information on performance levels of all students tested, and 2
information on the performance of students disaggregated by race, gender, 3
disability, and participation in the federal free and reduced price lunch 4
program. After completing the review of data, each school council, with the 5
involvement of parents, faculty, and staff, shall develop and adopt a plan to 6
ensure that each student makes progress toward meeting the goals set forth in 7
KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan 8
to the superintendent and local board of education for review as described in 9
KRS 160.340. The Kentucky Department of Education shall provide each 10
school council the data needed to complete the review required by this 11
paragraph no later than October 1 of each year. If a school does not have a 12
council, the review shall be completed by the principal with the involvement 13
of parents, faculty, and staff. 14
(3) The policies adopted by the local board to implement school-based decision making 15
shall also address the following: 16
(a) School budget and administration, including: discretionary funds; activity and 17
other school funds; funds for maintenance, supplies, and equipment; and 18
procedures for authorizing reimbursement for training and other expenses; 19
(b) Assessment of individual student progress, including testing and reporting of 20
student progress to students, parents, the school district, the community, and 21
the state; 22
(c) School improvement plans, including the form and function of strategic 23
planning and its relationship to district planning, as well as the school safety 24
plan and requests for funding from the Center for School Safety under KRS 25
158.446; 26
(d) Professional development plans developed pursuant to KRS 156.095; 27 UNOFFICIAL COPY 22 RS BR 1770
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(e) Parent, citizen, and community participation including the relationship of the 1
council with other groups; 2
(f) Cooperation and collaboration within the district, with other districts, and with 3
other public and private agencies; 4
(g) Requirements for waiver of district policies; 5
(h) Requirements for record keeping by the school council; and 6
(i) A process for appealing a decision made by a school council. 7
(4) In addition to the authority granted to the school council in this section, the local 8
board may grant to the school council any other authority permitted by law. The 9
board shall make available liability insurance coverage for the protection of all 10
members of the school council from liability arising in the course of pursuing their 11
duties as members of the council. 12
(5) All schools shall implement school-based decision making in accordance with this 13
section and with the policy adopted by the local board pursuant to this section. 14
Upon favorable vote of a majority of the faculty at the school and a majority of at 15
least twenty-five (25) voting parents of students enrolled in the school, a school 16
meeting its goal as determined by the Department of Education pursuant to KRS 17
158.6455 may apply to the Kentucky Board of Education for exemption from the 18
requirement to implement school-based decision making, and the state board shall 19
grant the exemption. The voting by the parents on the matter of exemption from 20
implementing school-based decision making shall be in an election conducted by 21
the parent and teacher organization of the school or, if none exists, the largest 22
organization of parents formed for this purpose. Notwithstanding the provisions of 23
this section, a local school district shall not be required to implement school-based 24
decision making if the local school district contains only one (1) school. 25
(6) The Department of Education shall provide professional development activities to 26
assist schools in implementing school-based decision making. School council 27 UNOFFICIAL COPY 22 RS BR 1770
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members elected for the first time shall complete a minimum of six (6) clock hours 1
of training in the process of school-based decision making, no later than thirty (30) 2
days after the beginning of the service year for which they are elected to serve. 3
School council members who have served on a school council at least one (1) year 4
shall complete a minimum of three (3) clock hours of training in the process of 5
school-based decision making no later than one hundred twenty (120) days after the 6
beginning of the service year for which they are elected to serve. Experienced 7
members may participate in the training for new members to fulfill their training 8
requirement. School council training required under this subsection shall be 9
conducted by trainers endorsed by the Department of Education. By November 1 of 10
each year, the principal through the local superintendent shall forward to the 11
Department of Education the names and addresses of each council member and 12
verify that the required training has been completed. School council members 13
elected to fill a vacancy shall complete the applicable training within thirty (30) 14
days of their election. 15
(7) A school that chooses to have school-based decision making but would like to be 16
exempt from the administrative structure set forth by this section may develop a 17
model for implementing school-based decision making, including but not limited to 18
a description of the membership, organization, duties, and responsibilities of a 19
school council. The school shall submit the model through the local board of 20
education to the commissioner of education and the Kentucky Board of Education, 21
which shall have final authority for approval. The application for approval of the 22
model shall show evidence that it has been developed by representatives of the 23
parents, students, certified personnel, and the administrators of the school and that 24
two-thirds (2/3) of the faculty have agreed to the model. 25
(8) The Kentucky Board of Education, upon recommendation of the commissioner of 26
education, shall adopt by administrative regulation a formula by which school 27 UNOFFICIAL COPY 22 RS BR 1770
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district funds shall be allocated to each school council. Included in the school 1
council formula shall be an allocation for professional development that is at least 2
sixty-five percent (65%) of the district's per pupil state allocation for professional 3
development for each student in average daily attendance in the school. The school 4
council shall plan professional development in compliance with requirements 5
specified in KRS 156.095, except as provided in KRS 158.649. School councils of 6
small schools shall be encouraged to work with other school councils to maximize 7
professional development opportunities. 8
(9) (a) No board member, superintendent of schools, district employee, or member of 9
a school council shall intentionally engage in a pattern of practice which is 10
detrimental to the successful implementation of or circumvents the intent of 11
school-based decision making to allow the professional staff members of a 12
school and parents to be involved in the decision making process in working 13
toward meeting the educational goals established in KRS 158.645 and 14
158.6451 or to make decisions in areas of policy assigned to a school council 15
pursuant to paragraph (i) of subsection (2) of this section. 16
(b) An affected party who believes a violation of this subsection has occurred may 17
file a written complaint with the Office of Education Accountability. The 18
office shall investigate the complaint and resolve the conflict, if possible, or 19
forward the matter to the Kentucky Board of Education. 20
(c) The Kentucky Board of Education shall conduct a hearing in accordance with 21
KRS Chapter 13B for complaints referred by the Office of Education 22
Accountability. 23
(d) If the state board determines a violation has occurred, the party shall be 24
subject to reprimand. A second violation of this subsection may be grounds 25
for removing a superintendent or a member of a school council from office or 26
grounds for dismissal of an employee for misconduct in office or willful 27 UNOFFICIAL COPY 22 RS BR 1770
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neglect of duty. 1
(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the 2
state board determines a violation of the confidentiality requirements set forth 3
in subsection (2)(h)2. of this section by a school council member has 4
occurred, the state board shall remove the member from the school council, 5
and the member shall be permanently prohibited from serving on any school 6
council in the district. 7
(10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or 8
maintain a school-based decision making council and the powers, duties, and 9
authority granted to a school council may be rescinded or the school council's role 10
may be advisory if the commissioner of education or the Kentucky Board of 11
Education takes action under KRS 160.346. 12
(11) Each school council of a school containing grades K-5 or any combination thereof, 13
or if there is no school council, the principal, shall develop and implement a 14
wellness policy that includes moderate to vigorous physical activity each day and 15
encourages healthy choices among students. The policy may permit physical activity 16
to be considered part of the instructional day, not to exceed thirty (30) minutes per 17
day, or one hundred and fifty (150) minutes per week. Each school council, or if 18
there is no school council, the principal, shall adopt an assessment tool to determine 19
each child's level of physical activity on an annual basis. The council or principal 20
may utilize an existing assessment program. The Kentucky Department of 21
Education shall make available a list of available resources to carry out the 22
provisions of this subsection. The department shall report to the Legislative 23
Research Commission no later than November 1 of each year on how the schools 24
are providing physical activity under this subsection and on the types of physical 25
activity being provided. The policy developed by the school council or principal 26
shall comply with provisions required by federal law, state law, or local board 27 UNOFFICIAL COPY 22 RS BR 1770
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policy. 1
(12) Discretionary authority exercised under subsection (2)(h)2.b. of this section shall 2
not violate provisions of any employer-employee bargained contract existing 3
between the district and its employees. 4
Section 3. KRS 7.410 is amended to read as follows: 5
(1) It is the intent of the General Assembly to provide an efficient system of common 6
schools which shall be operated without waste, duplication, mismanagement, and 7
political influence. The system of schools shall have the goal of providing all 8
students with at least the seven (7) capacities referred to in KRS 158.645. 9
(2) (a) An Office of Education Accountability is hereby created and shall be under 10
the direction of the Legislative Research Commission and shall be advised 11
and monitored by the Education Assessment and Accountability Review 12
Subcommittee. 13
(b) The Office of Education Accountability shall be administered by a deputy 14
director appointed by the Legislative Research Commission upon 15
recommendation of the director of the Legislative Research Commission. The 16
deputy director shall have the qualifications set by the Commission. The 17
salary of the deputy director shall be set by the Commission. The Commission 18
shall have exclusive jurisdiction over the employment of personnel necessary 19
to carry out the provisions of this section. The deputy director shall be subject 20
to the direction of and report to the director of the Legislative Research 21
Commission. 22
(c) The Office of Education Accountability shall have the following duties and 23
responsibilities: 24
1. Monitor the elementary and secondary public education system, 25
including actions taken and reports issued by the Kentucky Board of 26
Education, the Education Professional Standards Board, the 27 UNOFFICIAL COPY 22 RS BR 1770
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commissioner of education, the Department of Education, and local 1
school districts. Upon and under the direction of the Education 2
Assessment and Accountability Review Subcommittee, the monitoring 3
of the elementary and secondary public education system shall also 4
include periodic reviews of local district and school-based decision 5
making policies relating to the recruitment, interviewing, selection, 6
evaluation, termination, or promotion of personnel. The office shall 7
report any district or school when evidence demonstrates a pattern of 8
exclusionary personnel practices relating to race or sex to the Kentucky 9
Department of Education, which shall then independently investigate 10
facts raised in or associated with the report. The results of the 11
investigation conducted by the department shall be forwarded to the 12
Kentucky Board of Education which shall conduct an investigative 13
hearing on the matter;[.] 14
2. Upon and under the direction of the Education Assessment and 15
Accountability Review Subcommittee, review the elementary and 16
secondary public education finance system. The review shall include an 17
analysis of the level of equity achieved by the funding system and 18
whether adequate funds are available to all school districts and an 19
analysis of the weights of various education program components 20
developed by the Department of Education. The review may also include 21
recommendations for the base per pupil funding for the Support 22
Education Excellence in Kentucky Program and a statewide salary 23
schedule, and studies of other finance issues identified by the Education 24
Assessment and Accountability Review Subcommittee;[.] 25
3. Upon and under the direction of the Education Assessment and 26
Accountability Review Subcommittee, verify the accuracy of reports of 27 UNOFFICIAL COPY 22 RS BR 1770
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school, district, and state performance by conducting, requesting, or 1
upon approval of the Legislative Research Commission, contracting for 2
periodic program and fiscal audits. Upon and under the direction of the 3
Education Assessment and Accountability Review Subcommittee, the 4
Office of Education Accountability shall monitor and verify the accuracy 5
of reports of the Department of Education and the Kentucky Board of 6
Education, including but not limited to the annual fiscal conditions of 7
grants, categorical programs, and other educational initiatives set forth 8
by the General Assembly;[.] 9
4. Except as provided in Section 1 of this Act, investigate allegations of 10
wrongdoing of any person or agency, including but not limited to waste, 11
duplication, mismanagement, political influence, and illegal activity at 12
the state, regional, or school district level; make appropriate referrals to 13
other agencies with jurisdiction over those allegations; and make 14
recommendations for legislative action to the Education Assessment and 15
Accountability Review Subcommittee. Upon acceptance by the 16
subcommittee, recommendations for legislative action shall be 17
forwarded to the Legislative Research Commission. The Office of 18
Education Accountability shall submit to the subcommittee, for each of 19
its regular meetings, a report that summarizes investigative activity 20
initiated pursuant to this subparagraph. The subcommittee may consider 21
each report as it determines and in its discretion. Each report, and the 22
consideration thereof by the subcommittee, shall be exempt from the 23
open records and open meetings requirements contained in KRS Chapter 24
61;[.] 25
5. Upon and under the direction of the Education Assessment and 26
Accountability Review Subcommittee, conduct studies, analyze, verify, 27 UNOFFICIAL COPY 22 RS BR 1770
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and validate the state assessment program through other external 1
indicators of academic progress including but not limited to American 2
College Test scores, Scholastic Assessment Test scores, National 3
Assessment of Educational Progress scores, Preliminary Scholastic 4
Assessment Test scores, Advanced Placement Program participation, 5
standardized test scores, college remediation rates, retention and 6
attendance rates, dropout rates, and additional available data on the 7
efficiency of the system of schools and whether progress is being made 8
toward attaining the goal of providing students with the seven (7) 9
capacities as required by KRS 158.645;[.] 10
6. Make periodic reports to the Education Assessment and Accountability 11
Review Subcommittee as directed by the subcommittee. Upon 12
acceptance by the subcommittee, the reports shall be forwarded to the 13
Legislative Research Commission;[.] 14
7. Make periodic reports to the Legislative Research Commission as may 15
be directed by the Commission;[.] 16
8. Prepare an annual report, which shall consist of a summary of the status 17
and results of the current year annual research agenda provided in 18
paragraph (d) of this subsection, a summary of completed investigative 19
activity conducted pursuant to subparagraph 4. of this paragraph, and 20
other items of significance as determined by the Education Assessment 21
and Accountability Review Subcommittee. The annual report shall be 22
submitted to the Education Assessment and Accountability Review 23
Subcommittee. Upon acceptance by the subcommittee, the annual report 24
shall be submitted to the Governor, the Legislative Research 25
Commission, and the Kentucky Board of Education.; and 26
9. Carry out an annual survey of public school districts and public 27 UNOFFICIAL COPY 22 RS BR 1770
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charter schools to assess curriculum transparency and compliance 1
with Section 1 of this Act. The Office of Education Accountability 2
shall prepare an annual report on statewide curriculum transparency 3
and compliance with the requirements of Section 2 of this Act. The 4
report shall include: 5
a. A summary of the results of the survey required by this 6
subparagraph; 7
b. A summary of the nature and status of complaints received 8
pursuant to subsection (5) of Section 1 of this Act and an 9
appendix that includes each complaint, principal's 10
determination, superintendent's determination, and final district 11
determination submitted to the Office of Education 12
Accountability, redacted by the office as necessary to preserve 13
the privacy of students and families, as well as certified or 14
classified employees if there has been a judicial determination 15
that no violation of subsections (2) and (3) of Section 1 of this 16
Act; 17
c. A summary of the nature and status of any civil actions filed in 18
accordance with subsections (10) or (11) of Section 1 of this Act; 19
and 20
d. Other items of significance as determined by the Education 21
Assessment and Accountability Review Subcommittee. 22
The annual report shall be submitted to the Education Assessment 23
and Accountability Review Subcommittee, and upon acceptance by the 24
subcommittee, the annual report shall be submitted to the Governor, 25
the Legislative Research Commission, and the Kentucky Board of 26
Education. 27 UNOFFICIAL COPY 22 RS BR 1770
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(d) On or before December 1 of each calendar year, the Education Assessment 1
and Accountability Review Subcommittee shall adopt the annual research 2
agenda for the Office of Education Accountability. The annual research 3
agenda may include studies, research, and investigations considered to be 4
significant by the Education Assessment and Accountability Review 5
Subcommittee. Staff of the Office of Education Accountability shall prepare a 6
suggested list of study and research topics related to elementary and secondary 7
public education for consideration by the Education Assessment and 8
Accountability Review Subcommittee in the development of the annual 9
research agenda. An adopted annual research agenda shall be amended to 10
include any studies mandated by the next succeeding General Assembly for 11
completion by the Office of Education Accountability. 12
(e) The Office of Education Accountability shall have access to all public records 13
and information on oath as provided in KRS 7.110. The office shall also have 14
access to otherwise confidential records, meetings, and hearings regarding 15
local school district personnel matters. However, the office shall not disclose 16
any information contained in or derived from the records, meetings, and 17
hearings that would enable the discovery of the specific identification of any 18
individual who is the focus or subject of the personnel matter. 19
(f) In compliance with KRS 48.800, 48.950, and 48.955, the Finance and 20
Administration Cabinet and the Governor's Office for Policy and Management 21
shall provide to the Office of Education Accountability access to all 22
information and records, other than preliminary work papers, relating to 23
allotment of funds, whether by usual allotment or by other means, to the 24
Department of Education, local school districts, and to other recipients of 25
funds for educational purposes. 26
(g) Any state agency receiving a complaint or information which, if accurate, may 27 UNOFFICIAL COPY 22 RS BR 1770
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identify a violation of the Kentucky Education Reform Act of 1990, 1990 Ky. 1
Acts ch. 476, shall notify the office of the complaint or information. 2
(h) The Office of Education Accountability may contract for services as approved 3
by the Legislative Research Commission pursuant to KRS 7.090(8). 4
(3) The provisions of KRS 61.878 or any other statute, including Acts of the 1992 5
Regular Session of the General Assembly to the contrary notwithstanding, the 6
testimony of investigators, work products, and records of the Office of Education 7
Accountability relating to duties and responsibilities under subsection (2) of this 8
section shall be privileged and confidential during the course of an ongoing 9
investigation or until authorized, released, or otherwise made public by the Office 10
of Education Accountability and shall not be subject to discovery, disclosure, or 11
production upon the order or subpoena of a court or other agency with subpoena 12
power. 13
SECTION 4. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) The General Assembly hereby finds that a primary purpose of the public-school 16
curriculum is to prepare thoughtful, active citizens who understand the 17
importance of patriotism, the basic democratic principles upon which the 18
Commonwealth of Kentucky and United States were founded, and the full, 19
unbiased history of the Commonwealth of Kentucky and United States. 20
(2) Each school district and public charter school shall ensure that, as part of the 21
mandatory curriculum for graduation from high school, students are educated 22
about: 23
(a) The fundamental moral, political, and intellectual foundations of the 24
American experiment in self-government, as expressed in the founding 25
documents of the Commonwealth of Kentucky and nation; 26
(b) The founding documents of the United States, including: 27 UNOFFICIAL COPY 22 RS BR 1770
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1. The Declaration of Independence; 1
2. The Constitution of the United States; 2
3. The Federalist Papers; and 3
4. The transcript of the first debate between Abraham Lincoln and 4
Stephen Douglas; 5
(c) The writings of and about the founders of the United States, including 6
George Washington and Thomas Jefferson; 7
(d) The Constitution of the Commonwealth of Kentucky; 8
(e) The history of the civil rights movement, including: 9
1. Slavery in the nation and Commonwealth of Kentucky; 10
2. The Underground Railroad, including Harriet Tubman; 11
3. Frederick Douglass' Narrative of the Life of Frederick Douglass, an 12
American Slave; 13
4. Writings from Fredrick Douglass’ newspaper, the North Star; 14
5. The Civil War and the Commonwealth of Kentucky's involvement in 15
the Civil War, including but not limited to: 16
a. The history of Camp Nelson; and 17
b. The Commonwealth of Kentucky's official neutral status in the 18
Civil War; 19
6. Final Emancipation Proclamation by Abraham Lincoln; 20
7 The 13th, 14th, and 15th Amendments to the Constitution of the 21
United States; 22
8. State-sanctioned and state-mandated racial discrimination in the 23
United States and in the Commonwealth of Kentucky, including as 24
expressed in: 25
a. The United States Supreme Court’s decision in Plessy v. 26
Ferguson, 163 U.S. 537 (1896); 27 UNOFFICIAL COPY 22 RS BR 1770
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b. The eugenics movement and eugenics laws; 1
c. Jim Crow laws; and 2
d. The segregation of the federal government under President 3
Woodrow Wilson; 4
9. Justice John Marshall Harlan’s dissent in Plessy v. Ferguson, 163 5
U.S. 537 (1896); 6
10. The United States Supreme Court's opinions in Brown v. Board of 7
Education of Topeka, 347 U.S. 483 (1954) and Brown v. Board of 8
Education of Topeka, 349 U.S. 294 (1955); 9
11. The August 28, 1963, "I Have a Dream" speech by the Rev. Dr. 10
Martin Luther King, Jr.; 11
12. The Civil Rights Act of 1964, Pub. L. No. 88-352, as amended; 12
13. The Voting Rights Act of 1965; 13
14. The Fair Housing Act of 1968; and 14
15. The Equal Employment Opportunity Act of 1972; 15
(f) Why racial supremacy and racial scapegoating, including as expressed in 16
slavery, eugenics, Jim Crow laws, and the beliefs of the Ku Klux Klan, are 17
both morally wrong and contrary to America’s founding values and ideals; 18
(g) The passage of women’s suffrage in the Commonwealth of Kentucky and 19
nation, including the 19th Amendment to the Constitution of the United 20
States; 21
(h) The Seneca Falls Convention; 22
(i) The plight of Native Americans, including the Trail of Tears; 23
(j) America’s victory over national socialism and fascism in the Second World 24
War; 25
(k) America’s victory over international socialism and communism in the Cold 26
War; 27 UNOFFICIAL COPY 22 RS BR 1770
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(l) What distinguishes America’s system of self-government from totalitarian 1
systems, such as communism and fascism, that do not hold that individuals 2
are created equal and endowed with inalienable rights, or that government 3
authority rests on the consent of the governed. This shall include 4
discussions of both the historical facts of and motivations for the following 5
atrocities and human rights violations committed by communist and fascist 6
regimes: 7
1. In accordance with KRS 156.160, the Holocaust; and 8
2. At least one (1) of the following: 9
a. The Holodomor; 10
b. The Great Terror in the Soviet Union; 11
c. The Gulag Archipelago in the Soviet Union; 12
d. The Great Leap Forward; 13
e. The Chinese Cultural Revolution; or 14
f. The Cambodian Genocide; and 15
(m) The operations of America’s decentralized market economic system, the 16
operations of centrally planned socialist economies, and how America’s 17
market system produced and produces substantially greater living standards 18
than socialist systems, including a discussion of the disparate economic 19
trajectories of East and West Germany and North and South Korea 20
following the Second World War. 21
SECTION 5. A NEW SECTION OF KRS CHAPTER 161 IS CREATED TO 22
READ AS FOLLOWS: 23
(1) As used in this section, unless the context requires otherwise, 24
(a) "Bigoted program content" means conduct, curricula, instruction, or other 25
program features or components which would require the board to 26
discontinue approval of a program pursuant to subsection (2) of this 27 UNOFFICIAL COPY 22 RS BR 1770
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section; 1
(b) "Bigotry" has the same meanings as in Section 1 of this Act; 2
(c) "Board" means the Education Professional Standards Board; 3
(d) "Critical social justice" has the same meaning as Section 1 of this Act; 4
(e) "Program" means any program for the preparation for teachers or other 5
professional school personnel, including but not limited to: 6
1. College, university, and school district programs; 7
2. Any alternative program through a college or university, private 8
contractor, the Department of Education, or the Kentucky 9
Commonwealth Virtual University; and 10
3. Any other alternative teacher certification program; 11
(e) "Qualified plaintiff" means an individual enrolled in the teacher 12
preparation program, a parent or guardian of a minor student enrolled in 13
the teacher preparation program, or a parent or guardian of a minor 14
student enrolled in kindergarten through grade twelve (12) at a public 15
school in the Commonwealth of Kentucky; and 16
(f) "Revisionist history" has the same meaning as Section 1 of this Act. 17
(2) The board shall discontinue approval of any teacher preparation program that 18
directly or indirectly: 19
(a) Disparages the fundamental American value of equality; or 20
(b) Advocates, inculcates, or promotes bigotry, revisionist history, or critical 21
social justice. 22
(3) (a) The board shall promulgate administrative regulations to provide 23
procedures for individuals to report bigoted program content to the board. 24
(b) At a minimum, the procedures shall prohibit the use, or threat of use, of any 25
official authority or influence, in any manner whatsoever, which would 26
tend to discourage, restrain, depress, dissuade, deter, prevent, interfere with, 27 UNOFFICIAL COPY 22 RS BR 1770
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coerce, or discriminate against any individual who in good faith: 1
1. Reports, discloses, divulges, or otherwise brings bigoted program 2
content to the attention of the board; or 3
2. Supports, aids, or substantiates another individual's report of bigoted 4
program content to the board. 5
(4) The board shall regularly audit programs and investigate all credible reports of 6
bigoted program content to ensure compliance with this section. If a program is 7
found to include bigoted program content, the board shall impose probationary 8
conditions upon the program for a reasonable period of up to three (3) months. If 9
the program has not eliminated the bigoted program content by the end of the 10
probationary period, the board shall immediately discontinue the approval of the 11
program. 12
(5) (a) Except as provided in subsection (6) of this section and notwithstanding any 13
provision of law to the contrary, including but not limited to any claim for 14
civil immunity, the Attorney General or a qualified plaintiff may file an 15
action in any court of competent jurisdiction for injunctive relief and 16
damages, including but not limited to reasonable attorney's fees and 17
litigation costs, against: 18
1. The board, or any agents of the board acting in their official 19
capacities, for failing to discontinue a program in accordance with 20
subsection (2) of this section; or 21
2. A college, university, school district, agency, or other entity that offers 22
a program which includes bigoted program content, or any agents 23
thereof acting in their official capacities. 24
(b) A claim brought pursuant to this subsection may be asserted within one (1) 25
year from the last date the bigoted program content is offered or 26
administered to any student. 27 UNOFFICIAL COPY 22 RS BR 1770
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(c) The remedies identified in this subsection shall be in addition to, not in lieu 1
of, any other remedies available at law or equity. 2
(6) (a) Nothing in this section shall be interpreted to interfere with the freedom of 3
religion of any private teacher preparation program. 4
(b) Notwithstanding subsections (2) and (4) of this section, the board shall not 5
discontinue approval of, or impose probationary conditions upon, any 6
program on the basis of religious instruction or religious principles 7
promoted by the program or institution. 8
(c) Notwithstanding subsection (5) of this section, an action shall not be 9
brought against any such program on the basis of religious instruction or 10
religious principles promoted by the program or institution. 11
Section 6. If any provision of this Act or the application thereof to any person or 12
circumstance is held invalid, the invalidity shall not affect other provisions or 13
applications of the Act that can be given effect without the invalid provision or 14
application, and to this end the provisions of this Act are severable. 15
Section 7. Whereas it is imperative that the racist indoctrination of 16
Commonwealth of Kentucky students be eradicated, an emergency is declared to exist, 17
and this Act takes effect upon its passage and approval by the Governor or upon its 18
otherwise becoming a law. 19