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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. KRS 159.035 is amended to read as follows: 3
(1) Notwithstanding the provisions of any other statute, any student in a public school 4
who is enrolled in a properly organized 4-H club shall be considered present at 5
school for all purposes when participating in regularly scheduled 4-H club 6
educational activities, provided, the student is accompanied by or under the 7
supervision of a county extension agent or the designated 4-H club leader for the 4-8
H club educational activity participated in. 9
(2) Notwithstanding the provisions of any other statute, any student in a public school 10
shall be considered present for all purposes for up to ten (10) days while attending 11
basic training required by a branch of the United States Armed Forces. 12
(3) Beginning with the 2021-2022 school year, notwithstanding the provisions of any 13
other statute, any student enrolled in a public school shall not have his or her 14
perfect attendance record negatively affected by participating in any of the page 15
programs of the General Assembly. 16
(4) Students applying for excused absence for attendance at the Kentucky State Fair 17
shall be granted one (1) day of excused absence. 18
(5) Except as provided in paragraph (e) of this subsection, a public school principal 19
shall give a student an excused absence of up to ten (10) school days to pursue an 20
educational enhancement opportunity determined by the principal to be of 21
significant educational value, including but not limited to participation in an 22
educational foreign exchange program or an intensive instructional, experiential, or 23
performance program in one (1) of the core curriculum subjects of English, science, 24
mathematics, social studies, foreign language, and the arts. 25
(a) A student receiving an excused absence under this subsection shall have the 26
opportunity to make up school work missed and shall not have his or her class 27 UNOFFICIAL COPY 22 RS HB 517/EN
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grades adversely affected for lack of class attendance or class participation due 1
to the excused absence. 2
(b) Educational enhancement opportunities under this subsection shall not include 3
nonacademic extracurricular activities, but may include programs not 4
sponsored by the school district. 5
(c) If a request for an excused absence to pursue an educational enhancement 6
opportunity is denied by a school principal, a student may appeal the decision 7
to the district superintendent, who shall make a determination whether to 8
uphold or alter the decision of the principal. If a superintendent upholds a 9
principal's denial, a student may appeal the decision to the local board of 10
education, which shall make a final determination. A principal, 11
superintendent, and local board of education shall make their determinations 12
based on the provisions of this subsection and the district's school attendance 13
policies adopted in accordance with KRS 158.070 and KRS 159.150. 14
(d) A student receiving an excused absence under the provisions of this 15
subsection shall be considered present in school during the excused absence 16
for the purposes of calculating average daily attendance as defined by KRS 17
157.320 under the Support Education Excellence in Kentucky program. 18
(e) A student shall not be eligible to receive an excused absence under the 19
provisions of this subsection for an absence during a school's testing window 20
established for assessments of the state assessment developed under KRS 21
158.6453 or during a testing period established for the administration of 22
additional district-wide assessments at the school, except if a principal 23
determines that extenuating circumstances make an excused absence to pursue 24
an educational enhancement opportunity appropriate. 25
(6)[(4)] (a) If a student's parent, de facto custodian, or other person with legal 26
custody or control of the student is a member of the United States Armed 27 UNOFFICIAL COPY 22 RS HB 517/EN
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Forces, including a member of a state National Guard or a Reserve component 1
called to federal active duty, a public school principal shall give the student: 2
1. An excused absence for one (1) day when the member is deployed; 3
2. An additional excused absence for one (1) day when the service member 4
returns from deployment; and 5
3. Excused absences for up to ten (10) days for visitation when the member 6
is stationed out of the country and is granted rest and recuperation leave. 7
(b) A student receiving an excused absence under this subsection shall have the 8
opportunity to make up school work missed and shall not have his or her class 9
grades adversely affected for lack of class attendance or class participation due 10
to the excused absence. 11
(c) A student receiving an excused absence under this subsection shall be 12
considered present in school during the excused absence for the purposes of 13
calculating average daily attendance as defined by KRS 157.320 under the 14
Support Education Excellence in Kentucky program. 15
Section 2. KRS 158.070 is amended to read as follows: 16
(1) As used in this section: 17
(a) "Election" has the same meaning as in KRS 121.015; 18
(b) "Minimum school term" or "school term" means not less than one hundred 19
eighty-five (185) days composed of the student attendance days, teacher 20
professional days, and holidays; 21
(c) "School calendar" means the document adopted by a local board of education 22
that establishes the minimum school term, student instructional year or 23
variable student instructional year, and days that school will not be in session; 24
(d) "School district calendar committee" means a committee that includes at least 25
the following: 26
1. One (1) school district principal; 27 UNOFFICIAL COPY 22 RS HB 517/EN
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2. One (1) school district office administrator other than the 1
superintendent; 2
3. One (1) member of the local board of education; 3
4. Two (2) parents of students attending a school in the district; 4
5. One (1) school district elementary school teacher; 5
6. One (1) school district middle or high school teacher; 6
7. Two (2) school district classified employees; and 7
8. Two (2) community members from the local chamber of commerce, 8
business community, or tourism commission; 9
(e) "Student attendance day" means any day that students are scheduled to be at 10
school to receive instruction, and encompasses the designated start and 11
dismissal time; 12
(f) "Student instructional year" means at least one thousand sixty-two (1,062) 13
hours of instructional time for students delivered on not less than one hundred 14
seventy (170) student attendance days; 15
(g) "Teacher professional day" means any day teachers are required to report to 16
work as determined by a local board of education, with or without the 17
presence of students; and 18
(h) "Variable student instructional year" means at least one thousand sixty-two 19
(1,062) hours of instructional time delivered on the number of student 20
attendance days adopted by a local board of education which shall be 21
considered proportionally equivalent to one hundred seventy (170) student 22
attendance days and calendar days for the purposes of a student instructional 23
year, employment contracts that are based on the school term, service credit 24
under KRS 161.500, and funding under KRS 157.350. 25
(2) (a) Beginning with the 2018-2019 school year, and each year thereafter, the local 26
board of education, upon recommendation of the local school district 27 UNOFFICIAL COPY 22 RS HB 517/EN
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superintendent, shall annually appoint a school district calendar committee to 1
review, develop, and recommend school calendar options. 2
(b) The school district calendar committee, after seeking feedback from school 3
district employees, parents, and community members, shall recommend 4
school calendar options to the local school district superintendent for 5
presentation to the local board of education. The committee's 6
recommendations shall comply with state laws and regulations and consider 7
the economic impact of the school calendar on the community and the state. 8
(c) Prior to adopting a school calendar, the local board of education shall hear for 9
discussion the school district calendar committee's recommendations and the 10
recommendation of the superintendent at a meeting of the local board of 11
education. 12
(d) During a subsequent meeting of the local board of education, the local board 13
shall adopt a school calendar for the upcoming school year that establishes the 14
opening and closing dates of the school term, beginning and ending dates of 15
each school month, student attendance days, and days on which schools shall 16
be dismissed. The local board may schedule days for breaks in the school 17
calendar that shall not be counted as a part of the minimum school term. 18
(e) For local board of education meetings described in paragraphs (c) and (d) of 19
this subsection, if the meeting is a regular meeting, notice shall be given to 20
media outlets that have requests on file to be notified of special meetings 21
stating the date of the regular meeting and that one (1) of the items to be 22
considered in the regular meeting will be the school calendar. The notice shall 23
be sent at least twenty-four (24) hours before the regular meeting. This 24
requirement shall not be deemed to make any requirements or limitations 25
relating to special meetings applicable to the regular meeting. 26
(f) Beginning with the 2018-2019 school year, and each year thereafter, a local 27 UNOFFICIAL COPY 22 RS HB 517/EN
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school board of education that adopts a school calendar with the first student 1
attendance day in the school term starting no earlier than the Monday closest 2
to August 26 may use a variable student instructional year. Districts may set 3
the length of individual student attendance days in a variable student 4
instructional schedule, but no student attendance day shall contain more than 5
seven (7) hours of instructional time unless the district submitted and received 6
approval from the commissioner of education for an innovative alternative 7
calendar. 8
(3) (a) Each local board of education shall use four (4) days of the minimum school 9
term for professional development and collegial planning activities for the 10
professional staff without the presence of students pursuant to the 11
requirements of KRS 156.095. At the discretion of the superintendent, one (1) 12
day of professional development may be used for district-wide activities and 13
for training that is mandated by federal or state law. The use of three (3) days 14
shall be planned by each school council, except that the district is encouraged 15
to provide technical assistance and leadership to school councils to maximize 16
existing resources and to encourage shared planning. 17
(b) At least one (1) hour of self-study review of seizure disorder materials shall be 18
required for all principals, guidance counselors, and teachers hired after July 19
1, 2019. 20
(c) 1. A local board may approve a school's flexible professional development 21
plan that permits teachers or other certified personnel within a school to 22
participate in professional development activities outside the days 23
scheduled in the school calendar or the regularly scheduled hours in the 24
school work day and receive credit towards the four (4) day professional 25
development requirement within the minimum one hundred eighty-five 26
(185) days that a teacher shall be employed. 27 UNOFFICIAL COPY 22 RS HB 517/EN
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2. A flexible schedule option shall be reflected in the school's professional 1
development component within the school improvement plan and 2
approved by the local board. Credit for approved professional 3
development activities may be accumulated in periods of time other than 4
full day segments. 5
3. No teacher or administrator shall be permitted to count participation in a 6
professional development activity under the flexible schedule option 7
unless the activity is related to the teacher's classroom assignment and 8
content area, or the administrator's job requirements, or is required by 9
the school improvement plan, or is tied to the teacher's or the 10
administrator's individual growth plan. The supervisor shall give prior 11
approval and shall monitor compliance with the requirements of this 12
paragraph. In the case of teachers, a professional development 13
committee or the school council by council policy may be responsible 14
for reviewing requests for approval. 15
(d) The local board of each school district may use up to a maximum of four (4) 16
days of the minimum school term for holidays; provided, however, any 17
holiday which occurs on Saturday may be observed on the preceding Friday. 18
(e) Each local board may use two (2) days for planning activities without the 19
presence of students. 20
(f) Each local board may close schools for the number of days deemed necessary 21
for: 22
1. National or state emergency or mourning when proclaimed by the 23
President of the United States or the Governor of the Commonwealth of 24
Kentucky; 25
2. Local emergency which would endanger the health or safety of children; 26
and 27 UNOFFICIAL COPY 22 RS HB 517/EN
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3. Mourning when so designated by the local board of education and 1
approved by the Kentucky Board of Education upon recommendation of 2
the commissioner of education. 3
(4) (a) The Kentucky Board of Education, upon recommendation of the 4
commissioner of education, shall adopt administrative regulations governing 5
the use of student attendance days as a result of a local emergency, as 6
described in subsection (3)(f)2. of this section, and regulations setting forth 7
the guidelines and procedures to be observed for the approval of waivers from 8
the requirements of a student instructional year in subsection (1)(f) of this 9
section for districts that wish to adopt innovative instructional calendars, or 10
for circumstances that would create extreme hardship. 11
(b) If a local board of education amends its school calendar after its adoption due 12
to an emergency, it may lengthen or shorten any remaining student attendance 13
days by thirty (30) minutes or more, as it deems necessary, provided the 14
amended calendar complies with the requirements of a student instructional 15
year in subsection (1)(f) of this section or a variable student instructional year 16
in subsection (1)(h) of this section. No student attendance day shall contain 17
more than seven (7) hours of instructional time unless the district submitted 18
and received approval from the commissioner of education for an innovative 19
alternative calendar. 20
(5) (a) 1. In setting the school calendar, school may be closed for two (2) 21
consecutive days for the purpose of permitting professional school 22
employees to attend statewide professional meetings. 23
2. These two (2) days for statewide professional meetings may be 24
scheduled to begin with the first Thursday after Easter, or upon request 25
of the statewide professional education association having the largest 26
paid membership, the commissioner of education may designate 27 UNOFFICIAL COPY 22 RS HB 517/EN
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alternate dates. 1
3. If schools are scheduled to operate during days designated for the 2
statewide professional meeting, the school district shall permit 3
employees who are delegates to attend as compensated professional 4
leave time and shall employ substitute teachers in their absence. 5
4. The commissioner of education shall designate one (1) additional day 6
during the school year when schools may be closed to permit 7
professional school employees to participate in regional or district 8
professional meetings. 9
5. These three (3) days so designated for attendance at professional 10
meetings may be counted as a part of the minimum school term. 11
(b) 1. If any school in a district is used as a polling place, the school district 12
shall be closed on the day of the election, and those days may be used 13
for professional development activities, professional meetings, or 14
parent-teacher conferences. 15
2. A district may be open on the day of an election if no school in the 16
district is used as a polling place. 17
(c) All schools shall be closed on the third Monday of January in observance of 18
the birthday of Martin Luther King, Jr. Districts may: 19
1. Designate the day as one (1) of the four (4) holidays permitted under 20
subsection (3)(d) of this section; or 21
2. Not include the day in the minimum school term specified in subsection 22
(1) of this section. 23
(6) (a) The Kentucky Board of Education, or the organization or agency designated 24
by the board to manage interscholastic athletics, shall be encouraged to 25
schedule athletic competitions outside the regularly scheduled student 26
attendance day. 27 UNOFFICIAL COPY 22 RS HB 517/EN
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(b) Beginning with the 2009-2010 school year, any member of a school-1
sponsored interscholastic athletic team who competes in a regional 2
tournament or state tournament sanctioned by the Kentucky Board of 3
Education, or the organization or agency designated by the board to manage 4
interscholastic athletics, and occurring on a regularly scheduled student 5
attendance day may be counted present at school on the date or dates of the 6
competition, as determined by local board policy, for a maximum of two (2) 7
days per student per year. The student shall be expected to complete any 8
assignments missed on the date or dates of the competition. 9
(c) The school attendance record of any student for whom paragraph (b) of this 10
subsection applies shall indicate that the student was in attendance on the date 11
or dates of competition. 12
(7) [Students applying for excused absence for attendance at the Kentucky State Fair 13
shall be granted one (1) day of excused absence. 14
(8) ]Schools shall provide continuing education for those students who are determined 15
to need additional time to achieve the outcomes defined in KRS 158.6451, and 16
schools shall not be limited to the minimum school term in providing this 17
education. Continuing education time may include extended days, extended weeks, 18
or extended years. A local board of education may adopt a policy requiring its 19
students to participate in continuing education. The local policy shall set out the 20
conditions under which attendance will be required and any exceptions which are 21
provided. The Kentucky Board of Education shall promulgate administrative 22
regulations establishing criteria for the allotment of grants to local school districts 23
and shall include criteria by which the commissioner of education may approve a 24
district's request for a waiver to use an alternative service delivery option, including 25
providing services during the student attendance day on a limited basis. These 26
grants shall be allotted to school districts to provide instructional programs for 27 UNOFFICIAL COPY 22 RS HB 517/EN
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pupils who are identified as needing additional time to achieve the outcomes 1
defined in KRS 158.6451. A school district that has a school operating a model 2
early reading program under KRS 158.792 may use a portion of its grant money as 3
part of the matching funds to provide individualized or small group reading 4
instruction to qualified students outside of the regular classroom during the student 5
attendance day. 6
(8)[(9)] Notwithstanding any other statute, each school term shall include no less than 7
the equivalent of the student instructional year in subsection (1)(f) of this section, or 8
a variable student instructional year in subsection (1)(h) of this section, except that 9
the commissioner of education may grant up to the equivalent of ten (10) student 10
attendance days for school districts that have a nontraditional instruction plan 11
approved by the commissioner of education on days when the school district is 12
closed for health or safety reasons. The district's plan shall indicate how the 13
nontraditional instruction process shall be a continuation of learning that is 14
occurring on regular student attendance days. Instructional delivery methods, 15
including the use of technology, shall be clearly delineated in the plan. Average 16
daily attendance for purposes of Support Education Excellence in Kentucky 17
program funding during the student attendance days granted shall be calculated in 18
compliance with administrative regulations promulgated by the Kentucky Board of 19
Education. 20
(9)[(10)] By December 31, 2018, the Kentucky Board of Education shall promulgate 21
administrative regulations to be effective beginning with the 2019-2020 school year 22
to prescribe the conditions and procedures for districts to be approved for the 23
nontraditional instruction program. Administrative regulations promulgated by the 24
board under this section shall specify: 25
(a) The application, plan review, approval, and amendment process; 26
(b) Reporting requirements for districts approved for the program, which may 27 UNOFFICIAL COPY 22 RS HB 517/EN
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include but are not limited to examples of student work, lesson plans, teacher 1
work logs, and student and teacher participation on nontraditional instruction 2
days. Documentation to support the use of nontraditional instruction days 3
shall include clear evidence of learning continuation; 4
(c) Timelines for initial approval as a nontraditional instruction district, length of 5
approval, the renewal process, and ongoing evaluative procedures required of 6
the district; 7
(d) Reporting and oversight responsibilities of the district and the Kentucky 8
Department of Education, including the documentation required to show clear 9
evidence of learning continuation during nontraditional instruction days; and 10
(e) Other components deemed necessary to implement this section. 11
(10)[(11)] Notwithstanding the provisions of KRS 158.060(3) and the provisions of 12
subsection (2) of this section, a school district shall arrange bus schedules so that all 13
buses arrive in sufficient time to provide breakfast prior to the beginning of the 14
student attendance day. In the event of an unforeseen bus delay, the administrator of 15
a school that participates in the Federal School Breakfast Program may authorize up 16
to fifteen (15) minutes of the student attendance day if necessary to provide the 17
opportunity for children to eat breakfast not to exceed eight (8) times during the 18
school year within a school building. 19
(11)[(12)] Notwithstanding any other statute to the contrary, the following provisions 20
shall apply to a school district that misses student attendance days due to 21
emergencies, including weather-related emergencies: 22
(a) A certified school employee shall be considered to have fulfilled the minimum 23
one hundred eighty-five (185) day contract with a school district under KRS 24
157.350 and shall be given credit for the purpose of calculating service credit 25
for retirement under KRS 161.500 for certified school personnel if: 26
1. State and local requirements under this section are met regarding the 27 UNOFFICIAL COPY 22 RS HB 517/EN
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equivalent of the number and length of student attendance days, teacher 1
professional days, professional development days, holidays, and days for 2
planning activities without the presence of students; and 3
2. The provisions of the district's school calendar to make up student 4
attendance days missed due to any emergency, as approved by the 5
Kentucky Department of Education when required, including but not 6
limited to a provision for additional instructional time per day, are met. 7
(b) Additional time worked by a classified school employee shall be considered as 8
equivalent time to be applied toward the employee's contract and calculation 9
of service credit for classified employees under KRS 78.615 if: 10
1. The employee works for a school district with a school calendar 11
approved by the Kentucky Department of Education that contains a 12
provision that additional instructional time per day shall be used to make 13
up full days missed due to an emergency; 14
2. The employee's contract requires a minimum six (6) hour work day; and 15
3. The employee's job responsibilities and work day are extended when the 16
instructional time is extended for the purposes of making up time. 17
(c) Classified employees who are regularly scheduled to work less than six (6) 18
hours per day and who do not have additional work responsibilities as a result 19
of lengthened student attendance days shall be excluded from the provisions 20
of this subsection. These employees may be assigned additional work 21
responsibilities to make up service credit under KRS 78.615 that would be 22
lost due to lengthened student attendance days. 23
Section 3. KRS 158.649 is amended to read as follows: 24
(1) "Achievement gap" means the difference between performance goals and actual 25
performance on each of the tested areas by grade level of the state assessment 26
program for each of the various subgroups of students as described in the Every 27 UNOFFICIAL COPY 22 RS HB 517/EN
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Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, including male 1
and female students, students with and without disabilities, students with and 2
without English proficiency, minority and nonminority students, and students who 3
are eligible for free and reduced lunch and those who are not eligible for free and 4
reduced lunch. 5
(2) By October 1 of each year, the Department of Education shall provide each school 6
council, or the principal if a school council does not exist, data on its students' 7
performance as shown by the state assessment program described in KRS 158.6453. 8
The data shall include but not be limited to information on performance levels of all 9
students tested, and information on the performance of students disaggregated by 10
race, gender, disability, English proficiency, and participation in the federal free and 11
reduced price lunch program, and any other subgroups as described in the Every 12
Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor. The 13
information from the department shall include an equity analysis that shall identify 14
the substantive differences among the various groups of students identified in 15
subsection (1) of this section. Beginning with the 2012-2013 school year, the 16
reporting requirement in this subsection shall be no later than seventy-five (75) days 17
following the first day the assessment can be administered. 18
(3) Each local board of education upon the recommendation of the local district 19
superintendent shall adopt a policy for reviewing the academic performance on the 20
state assessments required under KRS 158.6453 for various groups of students, 21
including major racial groups, gender, disability, free and reduced price school 22
lunch eligibility, and limited English proficiency. The local board policy shall be 23
consistent with Kentucky Board of Education administrative regulations. Upon 24
agreement of the school-based decision making council, or the principal if there is 25
not a council, and the superintendent, the local board shall establish an annual target 26
for each school for reducing identified gaps in achievement as set out in subsection 27 UNOFFICIAL COPY 22 RS HB 517/EN
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(4) of this section. 1
(4) By February 1 of each year, the school-based decision making council, or the 2
principal if there is not a council, with the involvement of parents, faculty, and staff 3
shall set the school's targets for eliminating any achievement gap and submit them 4
to the superintendent for consideration. The superintendent and the school-based 5
decision making council, or the principal if there is not a council, shall agree on the 6
targets before they are submitted to the local board of education for adoption. 7
(5) By January 1 of each year, the school council, or the principal if a school council 8
does not exist, with the involvement of parents, faculty, and staff, shall review the 9
data and revise the school improvement plan to include the targets, strategies, 10
activities, and a time schedule calculated to eliminate the achievement gap among 11
various groups of students to the extent it may exist. The plan shall include but not 12
be limited to activities designed to address the following areas: 13
(a) Curriculum alignment within the school and with schools that send or receive 14
the school's students; 15
(b) Evaluation and assessment strategies to continuously monitor and modify 16
instruction to meet student needs and support proficient student work; 17
(c) Professional development to address the goals of the plan; 18
(d) Parental communication and involvement; 19
(e) Attendance improvement and dropout prevention; and 20
(f) Technical assistance that will be accessed. 21
(6) The principal shall convene a public meeting at the school to present and discuss the 22
plan prior to submitting it to the superintendent and the local board of education for 23
review, in the public meeting required under KRS 160.340. 24
(7) Based on the disaggregated assessment results, the local board shall determine if 25
each school achieved its targets for each group of students. Only data for a group of 26
students including ten (10) or more students shall be considered. 27 UNOFFICIAL COPY 22 RS HB 517/EN
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(8) Notwithstanding KRS 160.345(8) and 158.070(7)[(8)], if a local board determines 1
that a school has not met its target to reduce the identified gap in student 2
achievement for a group of students, the local board shall require the council, or the 3
principal if no council exists, to submit its revisions to the school improvement plan 4
describing the use of professional development funds and funds allocated for 5
continuing education to reduce the school's achievement gap for review and 6
approval by the superintendent. The plan shall address how the school will meet the 7
academic needs of the students in the various groups identified in subsection (1) of 8
this section. 9
(9) The superintendent shall report to the local school board and the commissioner of 10
education if a school fails to meet its targets in any academic content area to reduce 11
the gap in student achievement for any student group for two (2) consecutive years. 12
The school's improvement plan shall be subject to review and approval by the 13
Kentucky Department of Education and the school shall submit an annual status 14
report. The Department of Education may provide assistance as defined in KRS 15
160.346 to schools as it deems necessary to assist the school in meeting its goals. 16
(10) The school-based decision making council, or the principal if there is not a council, 17
shall no longer be required to seek approval of the plan under subsections (8) and 18
(9) of this section when it meets its target for reducing the gap in student 19
achievement for the various groups of students identified in subsection (1) of this 20
section. 21
Section 4. This Act may be cited as Wyatt's Act. 22
Section 5. Whereas participation in civics is a vital part of a student's overall 23
education, an emergency is declared to exist, and this Act takes effect upon its passage 24
and approval by the Governor or upon its otherwise becoming a law. 25