Kentucky 2022 2022 Regular Session

Kentucky House Bill HB623 Introduced / Bill

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AN ACT relating to teachers. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 158.060 is amended to read as follows: 3 
(1) Twenty (20) school days, or days in which teachers are actually employed in the 4 
schoolroom, shall constitute a school month in the common schools. 5 
(2) (a) Each full-time teacher shall be provided the equivalent of two hundred fifty 6 
(250) minutes of noninstructional planning time each five (5) day school 7 
week, which shall be used at the teacher's discretion and may include but is 8 
not limited to grading, instructional planning, curriculum development, and 9 
outreach activities involving the teacher's students. If a school week does 10 
not contain five (5) instructional days, the required minimum number of 11 
minutes may be reduced proportionally. 12 
(b) Each full-time teacher shall be provided with a duty-free lunch period each 13 
day during the regularly scheduled student lunch period in addition to the 14 
noninstructional planning time described in paragraph (a) of this 15 
subsection. The duty-free lunch period shall be not less than the length of the 16 
lunch period specified in the school calendar approved by the chief state 17 
school officer.  18 
(c) [ A] Each full-time teacher shall receive additional compensation of at least 19 
his or her usual hourly rate of pay for any time the teacher supervises or 20 
provides instruction to children or attends a meeting during his or her 21 
noninstructional planning or duty-free lunch, except that a full-time teacher 22 
may be assigned to lunch room duty during the regularly scheduled student 23 
lunch period without additional compensation for any scheduled[only for an 24 
amount of time equal to the ]noninstructional time that is in excess of the 25 
noninstructional time[fifty-five (55) minutes] required by paragraph (a) of 26 
this subsection[included in the teacher's daily schedule]. 27  UNOFFICIAL COPY  	22 RS BR 2280 
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(d) The calculation of a teacher's noninstructional time shall not include the 1 
teacher's duty-free lunch period, the time teachers are required to be at school 2 
prior to the start of the student's instructional day,[ or] the time teachers are 3 
required to remain at school after the students are dismissed, or the time 4 
teachers are required to coordinate and attend a meeting to develop or 5 
monitor an individual education plan as provided in KRS 157.196. 6 
(3) Except for children with disabilities and children attending the primary school 7 
program who may attend a program of less than six (6) hours per day under policy 8 
adopted by the local school district board of education and approved by the 9 
commissioner of education and children attending a school district where the local 10 
board has approved a schedule that provides at least the equivalent of six (6) hours 11 
of daily instruction during the school year, a minimum of six (6) hours of actual 12 
school work shall constitute a school day. Kindergarten programs may be operated 13 
for less than six (6) hours without state board approval. The Kentucky Board of 14 
Education, upon recommendation of the chief state school officer, shall develop and 15 
approve regulations governing make up by school districts of whole days missed 16 
due to emergencies, or partial days missed as a result of shortening regularly 17 
scheduled school days due to emergencies. 18 
(4) Teachers shall be provided additional time and shall receive additional 19 
compensation of at least their usual hourly rate of pay for nonteaching activities 20 
required by a school or school district outside of the teacher's contract hours, 21 
including but not limited to[. The nonteaching time shall be used to provide 22 
teachers] opportunities for professional development activities as provided in KRS 23 
156.095, coordination of or attendance at a meeting to develop or monitor an 24 
individual education plan as provided in KRS 157.196,[instructional planning,] 25 
school-based decision making as provided in KRS 160.345, [curriculum 26 
development,] and outreach activities involving their students' families and the 27  UNOFFICIAL COPY  	22 RS BR 2280 
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community.  1 
(5) Nothing in this section shall be interpreted to: 2 
(a) Limit the ability of a school district to provide teachers noninstructional 3 
time in excess of the minimum required by subsection (2)(a) of this section; 4 
(b) Limit the ability of a school district to compensate teachers for work 5 
performed in accordance with subsections (2)(c) and (4) of this section 6 
beyond the teacher's usual hourly rate of pay; or  7 
(c) Reduce any rights of school district employees as set forth in an existing 8 
employer-employee bargained contract.  9 
(6) Character education programs and activities shall be considered valuable and 10 
legitimate components of the actual school work constituting a school day under 11 
subsection (3) of this section. 12 
Section 2.   KRS 164.787 is amended to read as follows: 13 
(1) The General Assembly hereby establishes the Work Ready Kentucky Scholarship 14 
Program to ensure that all Kentuckians who have not yet earned a postsecondary 15 
degree have affordable access to an industry-recognized certificate, diploma, or 16 
associate of applied science degree. 17 
(2) For purposes of this section: 18 
(a) "Academic term" means a fall, spring, or summer academic term or other time 19 
period specified in an administrative regulation promulgated by the authority; 20 
(b) "Academic year" means July 1 through June 30 of each year; 21 
(c) "Approved dual credit course" means a dual credit course developed in 22 
accordance with KRS 164.098 that is a career and technical education course 23 
within a career pathway approved by the Kentucky Department of Education 24 
that leads to an industry-recognized credential; 25 
(d) "Dual credit tuition rate ceiling" means the same as defined in 164.786; 26 
(e) "Eligible institution" means an institution defined in KRS 164.001 that: 27  UNOFFICIAL COPY  	22 RS BR 2280 
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1. Actively participates in the federal Pell Grant program; 1 
2. Executes a contract with the authority on terms the authority deems 2 
necessary or appropriate for the administration of its programs; 3 
3. Charges no more than the dual credit tuition rate ceiling per credit hour, 4 
including any additional fees, for any dual credit course it offers to any 5 
Kentucky public or nonpublic high school student; and 6 
4. Is a: 7 
a. Kentucky Community and Technical College System institution; 8 
b. Kentucky public university; or 9 
c. College, university, or vocational-technical school that is 10 
accredited by a recognized regional or national accrediting body 11 
and licensed to operate at a site in Kentucky; 12 
(f) "Eligible program of study" means a program approved by the authority that 13 
leads to:  14 
1. An industry-recognized certificate, diploma, or associate of applied 15 
science degree in one (1) of Kentucky's top five (5) high-demand 16 
workforce sectors identified by the Kentucky Workforce Innovation 17 
Board and the Education and Workforce Development Cabinet; or  18 
2. A bachelor's degree in education in a critical shortage area as 19 
determined by the Department of Education; 20 
(g) "Fees" means mandatory fees charged by an eligible institution for enrollment 21 
in a course, including but not limited to online course fees, lab fees, and 22 
administrative fees. "Fees" does not include tools, books, or other 23 
instructional materials that may be required for a course; and 24 
(h) "Tuition" means the in-state tuition charged to all students as a condition of 25 
enrollment in an eligible institution. 26 
(3) In consultation with the Education and Workforce Development Cabinet, the 27  UNOFFICIAL COPY  	22 RS BR 2280 
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Kentucky Department of Education, and the Council on Postsecondary Education, 1 
the Kentucky Higher Education Assistance Authority shall administer the Work 2 
Ready Kentucky Scholarship Program and promulgate administrative regulations in 3 
accordance with KRS Chapter 13A as may be needed for the administration of the 4 
scholarship. 5 
(4) An eligible high school student shall: 6 
(a) Be a Kentucky resident; 7 
(b) Be enrolled in a Kentucky high school; 8 
(c) Be enrolled, or accepted for enrollment, in an approved dual credit course at 9 
an eligible institution; and 10 
(d) Complete and submit a Work Ready Kentucky Scholarship dual credit 11 
application to the authority. 12 
(5) An eligible workforce student shall: 13 
(a) Be a citizen or permanent resident of the United States; 14 
(b) Be a Kentucky resident as determined by the eligible institution in accordance 15 
with criteria established by the Council on Postsecondary Education for the 16 
purposes of admission and tuition assessment; 17 
(c) Have earned a high school diploma or a High School Equivalency Diploma or 18 
be enrolled in a High School Equivalency Diploma program; 19 
(d) Not have earned an associate's degree or higher level postsecondary degree; 20 
(e) Complete the Free Application for Federal Student Aid for the academic year 21 
in which the scholarship is awarded; 22 
(f) Complete and submit a Work Ready Kentucky Scholarship application to the 23 
authority; 24 
(g) Enroll in an eligible program of study at an eligible institution; 25 
(h) Not be enrolled in an ineligible degree program, such as a bachelor or 26 
unapproved associate program, at any postsecondary institution; 27  UNOFFICIAL COPY  	22 RS BR 2280 
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(i) Following the first academic term scholarship funds are received, achieve and 1 
maintain satisfactory academic progress as determined by the eligible 2 
institution; and 3 
(j) Not be in default on any program under Title IV of the federal act or any 4 
obligation to the authority under any program administered by the authority 5 
under KRS 164.740 to 164.7891 or 164.7894, except that ineligibility for this 6 
reason may be waived by the authority for cause. 7 
(6) (a) Beginning with the 2019-2020 academic year, the authority shall award a 8 
Work Ready Kentucky Scholarship each academic term to any person who 9 
meets the requirements of this section to the extent funds are available for that 10 
purpose. 11 
(b) The scholarship amount awarded to an eligible workforce student for an 12 
academic term shall be the amount remaining after subtracting the student's 13 
federal and state grants and scholarships from the maximum scholarship 14 
amount. The maximum scholarship amount shall be the per credit hour in-15 
state tuition rate at the Kentucky Community and Technical College System 16 
multiplied by the number of credit hours in which the student is enrolled and 17 
the fees charged to the student. The authority shall promulgate an 18 
administrative regulation in accordance with KRS Chapter 13A to specify the 19 
maximum amount to be awarded for fees, except that for the 2019-2020 20 
academic year the amount awarded for fees shall not exceed four hundred 21 
dollars ($400). 22 
(c) The scholarship award for an eligible high school student shall be limited to 23 
two (2) approved dual credit courses per academic year. The scholarship 24 
amount awarded shall be equal to the amount charged by an eligible 25 
institution for an approved dual credit course, in accordance with subsection 26 
(2)(e)3. of this section. 27  UNOFFICIAL COPY  	22 RS BR 2280 
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(7) An eligible workforce student's eligibility for the scholarship shall terminate upon 1 
the earlier of: 2 
(a) Receiving the scholarship for four (4) academic terms; 3 
(b) Receiving the scholarship for a total of sixty (60) credit hours; or 4 
(c) Obtaining an associate's degree. 5 
(8) The authority shall annually provide a report on the Work Ready Kentucky 6 
Scholarship Program, prepared in collaboration with the Office for Education and 7 
Workforce Statistics, to the secretary of the Education and Workforce Development 8 
Cabinet that includes, by academic term, academic year, institution, and workforce 9 
sector, the number of: 10 
(a) Students served by the scholarship and the total amount disbursed; and 11 
(b) Credits, certificates, diplomas, and associate of applied science degrees earned 12 
by students receiving the scholarship. 13 
(9) The authority shall report Work Ready Kentucky Scholarship program data to the 14 
Office for Education and Workforce Statistics for analysis of the program's success 15 
in meeting the goal of increasing skilled workforce participation rates. 16 
(10) (a) The Work Ready Kentucky Scholarship fund is hereby created as a trust fund 17 
in the State Treasury to be administered by the authority for the purpose of 18 
providing scholarships as described in this section. 19 
(b) The trust fund shall consist of state general fund appropriations, gifts and 20 
grants from public and private sources, and federal funds. All moneys 21 
included in the fund shall be appropriated for the purposes set forth in this 22 
section. 23 
(c) Any unallotted or unencumbered balances in the trust fund shall be invested as 24 
provided in KRS 42.500(9). Income earned from the investments shall be 25 
credited to the trust fund. 26 
(d) Notwithstanding KRS 45.229, any fund balance at the close of the fiscal year 27  UNOFFICIAL COPY  	22 RS BR 2280 
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shall not lapse but shall be carried forward to the next fiscal year and 1 
continuously appropriated only for the purposes specified in this section. 2