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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 160.345 is amended to read as follows: 3
(1) For the purpose of this section: 4
(a) "Minority" means American Indian; Alaskan native; African-American; 5
Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or 6
South American origin; Pacific islander; or other ethnic group 7
underrepresented in the school; 8
(b) "School" means an elementary or secondary educational institution that is 9
under the administrative control of a principal and is not a program or part of 10
another school. The term "school" does not include district-operated schools 11
that are: 12
1. Exclusively vocational-technical, special education, or preschool 13
programs; 14
2. Instructional programs operated in institutions or schools outside of the 15
district; or 16
3. Alternative schools designed to provide services to at-risk populations 17
with unique needs; 18
(c) "Teacher" means any person for whom certification is required as a basis of 19
employment in the public schools of the state, with the exception of principals 20
and assistant principals; and 21
(d) "Parent" means: 22
1. A parent, stepparent, or foster parent of a student; or 23
2. A person who has legal custody of a student pursuant to a court order 24
and with whom the student resides. 25
(2) Each local board of education shall adopt a policy for implementing school-based 26
decision making in the district which shall include but not be limited to a 27 UNOFFICIAL COPY 22 RS SB 1/EN
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description of how the district's policies, including those developed pursuant to 1
KRS 160.340, have been amended to allow the professional staff members of a 2
school to be involved in the decision-making process as they work to meet 3
educational goals established in KRS 158.645 and 158.6451. The policy may 4
include a requirement that each school council make an annual report at a public 5
meeting of the board describing the school's progress in meeting the educational 6
goals set forth in KRS 158.6451 and district goals established by the board. The 7
policy shall also address and comply with the following: 8
(a) Except as provided in paragraph (b)2. of this subsection, each participating 9
school shall form a school council composed of two (2) parents, three (3) 10
teachers, and the principal or administrator. The membership of the council 11
may be increased, but it may only be increased proportionately. A parent 12
representative on the council shall not be an employee or a relative of an 13
employee of the school in which that parent serves, nor shall the parent 14
representative be an employee or a relative of an employee in the district 15
administrative offices. A parent representative shall not be a local board 16
member or a board member's spouse. None of the members shall have a 17
conflict of interest pursuant to KRS Chapter 45A, except the salary paid to 18
district employees; 19
(b) 1. The teacher representatives shall be elected for one (1) year terms by a 20
majority of the teachers. A teacher elected to a school council shall not 21
be involuntarily transferred during his or her term of office. The parent 22
representatives shall be elected for one (1) year terms. The parent 23
members shall be elected by the parents of students preregistered to 24
attend the school during the term of office in an election conducted by 25
the parent and teacher organization of the school or, if none exists, the 26
largest organization of parents formed for this purpose. Council 27 UNOFFICIAL COPY 22 RS SB 1/EN
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elections may allow voting to occur over multiple days and via 1
electronic means. A school council, once elected, may adopt a policy 2
setting different terms of office for parent and teacher members 3
subsequently elected. The principal shall be the chair of the school 4
council. 5
2. School councils in schools having eight percent (8%) or more minority 6
students enrolled, as determined by the enrollment on the preceding 7
October 1, shall have at least one (1) minority member. If the council 8
formed under paragraph (a) of this subsection does not have a minority 9
member, the principal, in a timely manner, shall be responsible for 10
carrying out the following: 11
a. Organizing a special election to elect an additional member. The 12
principal shall call for nominations and shall notify the parents of 13
the students of the date, time, and location of the election to elect a 14
minority parent to the council by ballot; and 15
b. Allowing the teachers in the building to select one (1) minority 16
teacher to serve as a teacher member on the council. If there are no 17
minority teachers who are members of the faculty, an additional 18
teacher member shall be elected by a majority of all teachers. Term 19
limitations shall not apply for a minority teacher member who is 20
the only minority on faculty; 21
(c) 1. The school council shall have the responsibility to set school policy that 22
shall be consistent with district board policy and which shall provide an 23
environment to enhance the students' achievement and help the school 24
meet the goals established by KRS 158.645 and 158.6451 and goals for 25
the district established by the board. The principal shall be the primary 26
administrator and the instructional leader of the school, and with the 27 UNOFFICIAL COPY 22 RS SB 1/EN
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assistance of the total school staff shall administer the policies 1
established by the school council and the local board. 2
2. If a school council establishes committees, it shall adopt a policy to 3
facilitate the participation of interested persons, including, but not 4
limited to, classified employees and parents. The policy shall include the 5
number of committees, their jurisdiction, composition, and the process 6
for membership selection; 7
(d) The school council and each of its committees shall determine the frequency 8
of and agenda for their meetings. Matters relating to formation of school 9
councils that are not provided for by this section shall be addressed by local 10
board policy; 11
(e) The meetings of the school council shall be open to the public and all 12
interested persons may attend. However, the exceptions to open meetings 13
provided in KRS 61.810 shall apply; 14
(f) After receiving notification of the funds available for the school from the local 15
board, the school council shall determine, within the parameters of the total 16
available funds, the number of persons to be employed in each job 17
classification at the school. The council may make personnel decisions on 18
vacancies occurring after the school council is formed but shall not have the 19
authority to recommend transfers or dismissals; 20
(g) The local superintendent[school council] shall determine which curriculum, 21
textbooks, instructional materials, and student support services shall be 22
provided in the school after consulting with the local board of education, the 23
school principal, and the school council and after a reasonable review and 24
response period for stakeholders in accordance with local board of 25
education policy. Subject to available resources, the local board shall allocate 26
an appropriation to each school that is adequate to meet the school's needs 27 UNOFFICIAL COPY 22 RS SB 1/EN
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related to instructional materials and school-based student support services, as 1
determined by the school principal after consultation with the school 2
council. The school council shall consult with the school media librarian on 3
the maintenance of the school library media center, including the purchase of 4
instructional materials, information technology, and equipment; 5
(h) Personnel decisions at the school level shall be as follows: 6
1. From a list of qualified applicants submitted by the local superintendent, 7
the principal at the participating school shall select personnel to fill 8
vacancies, after consultation with the school council, consistent with 9
paragraph (i)11. of this subsection. The superintendent shall provide 10
additional applicants to the principal upon request when qualified 11
applicants are available. The superintendent may forward to the school 12
principal[council] the names of qualified applicants who have pending 13
certification from the Education Professional Standards Board based on 14
recent completion of preparation requirements, out-of-state preparation, 15
or alternative routes to certification pursuant to KRS 161.028 and 16
161.048. Requests for transfer shall conform to any employer-employee 17
bargained contract which is in effect; 18
2. If the vacancy to be filled is the position of principal: 19
a. The superintendent shall fill the vacancy after consultation with 20
the school council consistent with paragraph (i)11. of this 21
subsection; 22
b. Prior to consultation with the school council, each member shall 23
sign a nondisclosure agreement forbidding the disclosure of 24
information shared and discussions held during consultation; 25
c. A person who believes a violation of the nondisclosure 26
agreement referred to in subdivision b. of this subparagraph has 27 UNOFFICIAL COPY 22 RS SB 1/EN
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occurred may file a written complaint with the Kentucky Board 1
of Education; and 2
d. A school council member found to have violated the 3
nondisclosure agreement referred to in subdivision b. of this 4
subparagraph may be subject to removal from the school council 5
by the Kentucky Board of Education under subsection (9)(e) of 6
this section; 7
3. Notwithstanding subparagraph 2. of this paragraph, if the vacancy to 8
be filled is the position of principal in a county school district in a 9
county with a consolidated local government adopted under KRS 10
Chapter 67C, then: 11
a. [i. If the vacancy to be filled is the position of principal, ]The 12
outgoing principal shall not serve on the council during the 13
principal selection process. The superintendent or the 14
superintendent's designee shall serve as the chair of the council for 15
the purpose of the hiring process and shall have voting rights 16
during the selection process;[.] 17
b. [ii. Except as provided in subdivision b. of this subparagraph, 18
]The council shall have access to the applications of all persons 19
certified for the position. The principal shall be elected on a 20
majority vote of the membership of the council. The school 21
council shall receive training in recruitment and interviewing 22
techniques prior to carrying out the process of selecting a principal. 23
The council shall select the trainer to deliver the training; and 24
c. Notwithstanding the requirement that a principal be elected by a 25
majority vote of the council, the selection of a principal shall be 26
subject to approval by the superintendent. If the superintendent 27 UNOFFICIAL COPY 22 RS SB 1/EN
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does not approve the principal selected by the council, then the 1
superintendent may select the principal; 2
[b. An alternative principal selection process may be used by the 3
school council as follows: 4
i. Prior to a meeting called to select a principal, all school 5
council members shall receive informational materials 6
regarding Kentucky open records and open meetings laws 7
and sign a nondisclosure agreement forbidding the sharing of 8
information shared and discussions held in the closed 9
session; 10
ii. The superintendent shall convene the school council and 11
move into closed session as provided in KRS 61.810(1)(f) to 12
confidentially recommend a candidate; 13
iii. The council shall have the option to interview the 14
recommended candidate while in closed session; and 15
iv. After any discussion, at the conclusion of the closed session, 16
the council shall decide, in a public meeting by majority vote 17
of the membership of the council, whether to accept or reject 18
the recommended principal candidate; 19
c. If the recommended candidate is selected, and the recommended 20
candidate accepts the offer, the name of the candidate shall be 21
made public during the next meeting in open session; 22
d. i. If the recommended candidate is not accepted by the school 23
council under subdivision b. of this subparagraph, then the 24
process set forth in subdivision a. of this subparagraph shall 25
apply. 26
ii. The confidentially recommended candidate's name and the 27 UNOFFICIAL COPY 22 RS SB 1/EN
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discussions of the closed session shall remain confidential 1
under KRS 61.810(1)(f), and any documents used or 2
generated during the closed meeting shall not be subject to an 3
open records request as provided in KRS 61.878(1)(i) and (j). 4
iii. A recommended candidate who believes a violation of this 5
subdivision has occurred may file a written complaint with 6
the Kentucky Board of Education. 7
iv. A school council member who is found to have disclosed 8
confidential information regarding the proceeding of the 9
closed session shall be subject to removal from the school 10
council by the Kentucky Board of Education under 11
subsection (9)(e) of this section;] 12
4.[3.] No principal who has been previously removed from a position in the 13
district for cause may be considered for appointment as principal in that 14
district; 15
5.[4.] Personnel decisions made at the school level under the authority of 16
subparagraph[subparagraphs] 1.[ and 2.] of this paragraph shall be 17
binding on the superintendent who completes the hiring process; 18
6.[5.] Applicants subsequently employed shall provide evidence that they are 19
certified prior to assuming the duties of a position in accordance with 20
KRS 161.020; and 21
7.[6.] Notwithstanding other provisions of this paragraph, if the applicant is 22
the spouse of the superintendent and the applicant meets the service 23
requirements of KRS 160.380(3)(a), the applicant shall only be 24
employed upon the recommendation of the principal and the approval of 25
a majority vote of the school council;[ and] 26
[7. Beginning June 27, 2019, notwithstanding the requirement that a 27 UNOFFICIAL COPY 22 RS SB 1/EN
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principal be elected on a majority vote of the council in subparagraph 2. 1
of this paragraph, if the school council is in a county school district in a 2
county with a consolidated local government adopted under KRS 3
Chapter 67C, then the selection of a principal shall be subject to 4
approval by the superintendent. If the superintendent does not approve 5
the principal selected by the council, then the superintendent may select 6
the principal;] 7
(i) The school council shall adopt a policy that shall be consistent with local 8
board policy and shall[ to] be implemented by the principal in the following 9
additional areas: 10
1. [Determination of curriculum, including needs assessment, ]Curriculum 11
[development and] responsibilities under KRS 158.6453(19); 12
2. Assignment of all instructional and noninstructional staff time; 13
3. Assignment of students to classes and programs within the school; 14
4. Determination of the schedule of the school day and week, subject to the 15
beginning and ending times of the school day and school calendar year 16
as established by the local board; 17
5. Determination of use of school space during the school day related to 18
improving classroom teaching and learning; 19
6. Planning and resolution of issues regarding instructional practices; 20
7. Selection and implementation of discipline and classroom management 21
techniques as a part of a comprehensive school safety plan, including 22
responsibilities of the student, parent, teacher, counselor, and principal; 23
8. Selection of extracurricular programs and determination of policies 24
relating to student participation based on academic qualifications and 25
attendance requirements, program evaluation, and supervision; 26
9. Adoption of an emergency plan as required in KRS 158.162; 27 UNOFFICIAL COPY 22 RS SB 1/EN
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10. Procedures, consistent with local school board policy, for determining 1
alignment with state standards, technology utilization, and program 2
appraisal; and 3
11. Procedures to assist the council with consultation in the selection of the 4
principal by the superintendent, and the selection of personnel by the 5
principal, including but not limited to meetings, timelines, interviews, 6
review of written applications, and review of references. Procedures 7
shall address situations in which members of the council are not 8
available for consultation; and 9
(j) Each school council shall annually review data as shown on state and local 10
student assessments required under KRS 158.6453. The data shall include but 11
not be limited to information on performance levels of all students tested, and 12
information on the performance of students disaggregated by race, gender, 13
disability, and participation in the federal free and reduced price lunch 14
program. After completing the review of data, each school council, with the 15
involvement of parents, faculty, and staff, shall develop and adopt a plan to 16
ensure that each student makes progress toward meeting the goals set forth in 17
KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan 18
to the superintendent and local board of education for review as described in 19
KRS 160.340. The Kentucky Department of Education shall provide each 20
school council the data needed to complete the review required by this 21
paragraph no later than October 1 of each year. If a school does not have a 22
council, the review shall be completed by the principal with the involvement 23
of parents, faculty, and staff. 24
(3) The policies adopted by the local board to implement school-based decision making 25
shall also address the following: 26
(a) School budget and administration, including: discretionary funds; activity and 27 UNOFFICIAL COPY 22 RS SB 1/EN
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other school funds; funds for maintenance, supplies, and equipment; and 1
procedures for authorizing reimbursement for training and other expenses; 2
(b) Assessment of individual student progress, including testing and reporting of 3
student progress to students, parents, the school district, the community, and 4
the state; 5
(c) School improvement plans, including the form and function of strategic 6
planning and its relationship to district planning, as well as the school safety 7
plan and requests for funding from the Center for School Safety under KRS 8
158.446; 9
(d) Professional development plans developed pursuant to KRS 156.095; 10
(e) Parent, citizen, and community participation including the relationship of the 11
council with other groups; 12
(f) Cooperation and collaboration within the district, with other districts, and with 13
other public and private agencies; 14
(g) Requirements for waiver of district policies; 15
(h) Requirements for record keeping by the school council; and 16
(i) A process for appealing a decision made by a school council. 17
(4) In addition to the authority granted to the school council in this section, the local 18
board may grant to the school council any other authority permitted by law. The 19
board shall make available liability insurance coverage for the protection of all 20
members of the school council from liability arising in the course of pursuing their 21
duties as members of the council. 22
(5) All schools shall implement school-based decision making in accordance with this 23
section and with the policy adopted by the local board pursuant to this section. 24
Upon favorable vote of a majority of the faculty at the school and a majority of at 25
least twenty-five (25) voting parents of students enrolled in the school, a school 26
meeting its goal as determined by the Department of Education pursuant to KRS 27 UNOFFICIAL COPY 22 RS SB 1/EN
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158.6455 may apply to the Kentucky Board of Education for exemption from the 1
requirement to implement school-based decision making, and the state board shall 2
grant the exemption. The voting by the parents on the matter of exemption from 3
implementing school-based decision making shall be in an election conducted by 4
the parent and teacher organization of the school or, if none exists, the largest 5
organization of parents formed for this purpose. Notwithstanding the provisions of 6
this section, a local school district shall not be required to implement school-based 7
decision making if the local school district contains only one (1) school. 8
(6) The Department of Education shall provide professional development activities to 9
assist schools in implementing school-based decision making. School council 10
members elected for the first time shall complete a minimum of six (6) clock hours 11
of training in the process of school-based decision making, no later than thirty (30) 12
days after the beginning of the service year for which they are elected to serve. 13
School council members who have served on a school council at least one (1) year 14
shall complete a minimum of three (3) clock hours of training in the process of 15
school-based decision making no later than one hundred twenty (120) days after the 16
beginning of the service year for which they are elected to serve. Experienced 17
members may participate in the training for new members to fulfill their training 18
requirement. School council training required under this subsection shall be 19
conducted by trainers endorsed by the Department of Education. By November 1 of 20
each year, the principal through the local superintendent shall forward to the 21
Department of Education the names and addresses of each council member and 22
verify that the required training has been completed. School council members 23
elected to fill a vacancy shall complete the applicable training within thirty (30) 24
days of their election. 25
(7) A school that chooses to have school-based decision making but would like to be 26
exempt from the administrative structure set forth by this section may develop a 27 UNOFFICIAL COPY 22 RS SB 1/EN
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model for implementing school-based decision making, including but not limited to 1
a description of the membership, organization, duties, and responsibilities of a 2
school council. The school shall submit the model through the local board of 3
education to the commissioner of education and the Kentucky Board of Education, 4
which shall have final authority for approval. The application for approval of the 5
model shall show evidence that it has been developed by representatives of the 6
parents, students, certified personnel, and the administrators of the school and that 7
two-thirds (2/3) of the faculty have agreed to the model. 8
(8) The Kentucky Board of Education, upon recommendation of the commissioner of 9
education, shall adopt by administrative regulation a formula by which school 10
district funds shall be allocated to each school council. Included in the school 11
council formula shall be an allocation for professional development that is at least 12
sixty-five percent (65%) of the district's per pupil state allocation for professional 13
development for each student in average daily attendance in the school. The school 14
council shall plan professional development in compliance with requirements 15
specified in KRS 156.095, except as provided in KRS 158.649. School councils of 16
small schools shall be encouraged to work with other school councils to maximize 17
professional development opportunities. 18
(9) (a) No board member, superintendent of schools, district employee, or member of 19
a school council shall intentionally engage in a pattern of practice which is 20
detrimental to the successful implementation of or circumvents the intent of 21
school-based decision making to allow the professional staff members of a 22
school and parents to be involved in the decision making process in working 23
toward meeting the educational goals established in KRS 158.645 and 24
158.6451 or to make decisions in areas of policy assigned to a school council 25
pursuant to paragraph (i) of subsection (2) of this section. 26
(b) An affected party who believes a violation of this subsection has occurred may 27 UNOFFICIAL COPY 22 RS SB 1/EN
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file a written complaint with the Office of Education Accountability. The 1
office shall investigate the complaint and resolve the conflict, if possible, or 2
forward the matter to the Kentucky Board of Education. 3
(c) The Kentucky Board of Education shall conduct a hearing in accordance with 4
KRS Chapter 13B for complaints referred by the Office of Education 5
Accountability. 6
(d) If the state board determines a violation has occurred, the party shall be 7
subject to reprimand. A second violation of this subsection may be grounds 8
for removing a superintendent or a member of a school council from office or 9
grounds for dismissal of an employee for misconduct in office or willful 10
neglect of duty. 11
(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the 12
state board determines a violation of the nondisclosure agreement required 13
by[confidentiality requirements set forth in] subsection (2)(h)2.b. of this 14
section by a school council member has occurred, the state board shall remove 15
the member from the school council, and the member shall be permanently 16
prohibited from serving on any school council in the district. 17
(10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or 18
maintain a school-based decision making council and the powers, duties, and 19
authority granted to a school council may be rescinded or the school council's role 20
may be advisory if the commissioner of education or the Kentucky Board of 21
Education takes action under KRS 160.346. 22
(11) Each school council of a school containing grades K-5 or any combination thereof, 23
or if there is no school council, the principal, shall develop and implement a 24
wellness policy that includes moderate to vigorous physical activity each day and 25
encourages healthy choices among students. The policy may permit physical activity 26
to be considered part of the instructional day, not to exceed thirty (30) minutes per 27 UNOFFICIAL COPY 22 RS SB 1/EN
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day, or one hundred and fifty (150) minutes per week. Each school council, or if 1
there is no school council, the principal, shall adopt an assessment tool to determine 2
each child's level of physical activity on an annual basis. The council or principal 3
may utilize an existing assessment program. The Kentucky Department of 4
Education shall make available a list of available resources to carry out the 5
provisions of this subsection. The department shall report to the Legislative 6
Research Commission no later than November 1 of each year on how the schools 7
are providing physical activity under this subsection and on the types of physical 8
activity being provided. The policy developed by the school council or principal 9
shall comply with provisions required by federal law, state law, or local board 10
policy. 11
[(12) Discretionary authority exercised under subsection (2)(h)2.b. of this section shall 12
not violate provisions of any employer-employee bargained contract existing 13
between the district and its employees.] 14
Section 2. KRS 158.6453 is amended to read as follows: 15
(1) As used in this section: 16
(a) "Accelerated learning" means an organized way of helping students meet 17
individual academic goals by providing direct instruction to eliminate student 18
performance deficiencies or enable students to move more quickly through 19
course requirements and pursue higher level skill development; 20
(b) "Constructed-response items" or "performance-based items" means individual 21
test items that require the student to create an answer rather than select a 22
response and may include fill-in-the-blank, short-answer, extended-answer, 23
open-response, and writing-on-demand formats; 24
(c) "Criterion-referenced test" means a test that is aligned with defined academic 25
content standards and measures an individual student's level of performance 26
against the standards; 27 UNOFFICIAL COPY 22 RS SB 1/EN
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(d) "End-of-course examination" means the same as defined in KRS 158.860; 1
(e) "Formative assessment" means a process used by teachers and students during 2
instruction to adjust ongoing teaching and learning to improve students' 3
achievement of intended instructional outcomes. Formative assessments may 4
include the use of commercial assessments, classroom observations, teacher-5
designed classroom tests and assessments, and other processes and 6
assignments to gain information about individual student learning; 7
(f) "Interim assessments" means assessments that are given periodically 8
throughout the year to provide diagnostic information and to show individual 9
student performance against content standards; 10
(g) "Summative assessment" means an assessment given at the end of the school 11
year, semester, or other period of time to evaluate students' performance 12
against content standards within a unit of instruction or a course; and 13
(h) "Writing" means a purposeful act of thinking and expression that uses 14
language to explore ideas and communicate meaning to others. Writing is a 15
complex, multifaceted act of communication. 16
(2) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the 17
Kentucky Department of Education shall implement a process for reviewing 18
Kentucky's academic standards and the alignment of corresponding 19
assessments for possible revision or replacement to ensure alignment with 20
transition readiness standards necessary for global competitiveness,[ and with] 21
state career and technical education standards, and Section 4 of this Act. 22
(b) The revisions to the content standards shall: 23
1. Focus on critical knowledge, skills, and capacities needed for success in 24
the global economy; 25
2. Result in fewer but more in-depth standards to facilitate mastery 26
learning; 27 UNOFFICIAL COPY 22 RS SB 1/EN
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3. Communicate expectations more clearly and concisely to teachers, 1
parents, students, and citizens; 2
4. Be based on evidence-based research; 3
5. Consider international benchmarks; and 4
6. Ensure that the standards are aligned from elementary to high school to 5
postsecondary education so that students can be successful at each 6
education level. 7
(c) 1. The department shall establish four (4) standards and assessments 8
review committees, with each committee composed of a minimum of six 9
(6) Kentucky public school teachers and a minimum of two (2) 10
representatives from Kentucky institutions of higher education, 11
including at least one (1) representative from a public institution of 12
higher education. Each committee member shall teach in the subject area 13
that his or her committee is assigned to review and have no prior or 14
current affiliation with a curriculum or assessment resources vendor. 15
2. One (1) of the four (4) committees shall be assigned to focus on the 16
review of language arts and writing academic standards and 17
assessments, one (1) on the review of mathematics academic standards 18
and assessments, one (1) on the review of science academic standards 19
and assessments, and one (1) on the review of social studies academic 20
standards and assessments. 21
(d) 1. The department shall establish twelve (12) advisory panels to advise and 22
assist each of the four (4) standards and assessments review committees. 23
2. Three (3) advisory panels shall be assigned to each standards and 24
assessments review committee. One (1) panel shall review the standards 25
and assessments for kindergarten through grade five (5), one (1) shall 26
review the standards and assessments for grades six (6) through eight 27 UNOFFICIAL COPY 22 RS SB 1/EN
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(8), and one (1) shall review the standards and assessments for grades 1
nine (9) through twelve (12). 2
3. Each advisory panel shall be composed of at least one (1) representative 3
from a Kentucky institution of higher education and a minimum of six 4
(6) Kentucky public school teachers who teach in the grade level and 5
subject reviewed by the advisory panel to which they are assigned and 6
have no prior or current affiliation with a curriculum or assessment 7
resources vendor. 8
(e) The commissioner of education and the president of the Council on 9
Postsecondary Education shall also provide consultants for the standards and 10
assessments review committees and the advisory panels who are business and 11
industry professionals actively engaged in career fields that depend on the 12
various content areas. 13
(f) 1. The standards and assessments process review committee is hereby 14
established and shall be composed of the commissioner of education or 15
designee as a nonvoting member and nine (9) voting representatives of 16
public schools, of whom at least two (2) shall be parents of public 17
school students, appointed by the Governor and confirmed by the Senate 18
in accordance with KRS 11.160 as follows: 19
a. One (1) language arts teacher; 20
b. One (1) math teacher; 21
c. One (1) science teacher; 22
d. One (1) social studies teacher; 23
e. Two (2) school principals; 24
f. Two (2) school superintendents; and 25
g. One (1) school board member. 26
2. On making appointments to the committee, the Governor shall ensure 27 UNOFFICIAL COPY 22 RS SB 1/EN
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broad geographical urban and rural representation and representation of 1
elementary, middle, and high school levels; ensure equal representation 2
of the two (2) sexes, inasmuch as possible; and ensure that appointments 3
reflect the minority racial composition of the Commonwealth. 4
3. The review of the committee shall be limited to the procedural aspects 5
of the review process undertaken prior to its consideration. 6
4. Notwithstanding KRS 12.028, the committee shall not be subject to 7
reorganization by the Governor. 8
(g) 1. The review process implemented under this subsection shall be an open, 9
transparent process that allows all Kentuckians an opportunity to 10
participate. The department shall ensure the public's assistance in 11
reviewing and suggesting changes to the standards and alignment 12
adjustments to corresponding state assessments by establishing a Web 13
site dedicated to collecting comments by the public and educators. An 14
independent third party, which has no prior or current affiliation with a 15
curriculum or assessment resources vendor, shall be selected by the 16
department to collect and transmit the comments to the department for 17
dissemination to the appropriate advisory panel for review and 18
consideration. 19
2. Each advisory panel shall review the standards and assessments for its 20
assigned subject matter and grade level and the suggestions made by the 21
public and educators. After completing its review, each advisory panel 22
shall make recommendations for changes to the standards and alignment 23
adjustments for assessments to the appropriate standards and 24
assessments review committee. 25
3. Each standards and assessments review committee shall review the 26
findings and make recommendations to revise or replace existing 27 UNOFFICIAL COPY 22 RS SB 1/EN
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standards and to adjust alignment of assessments. 1
4. The recommendations shall be published on the Web site established in 2
this subsection for the purpose of gathering additional feedback from the 3
public. The commissioner shall subsequently present the 4
recommendations and the public feedback to the Interim Joint 5
Committee on Education. 6
5. The commissioner shall subsequently provide a report to the standards 7
and assessments process review committee summarizing the process 8
conducted under this subsection and the resulting recommendations. The 9
report shall include but not be limited to the timeline of the review 10
process, public feedback, and responses from the Interim Joint 11
Committee on Education. 12
6. After receiving the commissioner's report, the standards and assessments 13
process review committee shall either concur that stakeholders have had 14
adequate opportunity to provide input on standards and the 15
corresponding alignment of state assessments or find the input process 16
deficient. If the process is found deficient, the recommendations may be 17
returned to the appropriate standards and assessments review committee 18
for review as described in subparagraph 3. of this paragraph. If the 19
process is found sufficient, the recommendations shall be forwarded 20
without amendment to the Kentucky Board of Education. 21
(h) The Kentucky Board of Education shall promulgate administrative regulations 22
in accordance with KRS Chapter 13A as may be needed for the administration 23
of the review process, including staggering the timing and sequence of the 24
review process by subject area and remuneration of the review committees 25
and advisory panels described in paragraphs (c) and (d) of this subsection. 26
(i) 1. The Kentucky Board of Education shall consider for approval the 27 UNOFFICIAL COPY 22 RS SB 1/EN
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revisions to academic standards for a content area and the alignment of 1
the corresponding state assessment once recommendations are received 2
from the standards and assessments process review committee. Existing 3
state academic standards shall remain in place until the board approves 4
new standards. 5
2. Any revision to, or replacement of, the academic standards and 6
assessments as a result of the review process conducted under this 7
subsection shall be implemented in Kentucky public schools no later 8
than the second academic year following the review process. Existing 9
academic standards shall be used until new standards are implemented. 10
3. The Department of Education shall disseminate the academic content 11
standards to the schools and teacher preparation programs. 12
(j) The Department of Education shall provide or facilitate statewide training 13
sessions for existing teachers and administrators on how to: 14
1. Integrate the revised content standards into classroom instruction; 15
2. Better integrate performance assessment of students within their 16
instructional practices; and 17
3. Help all students use higher-order thinking and communication skills. 18
(k) The Education Professional Standards Board in cooperation with the 19
Kentucky Board of Education and the Council on Postsecondary Education 20
shall coordinate information and training sessions for faculty and staff in all of 21
the teacher preparation programs in the use of the revised academic content 22
standards. The Education Professional Standards Board shall ensure that each 23
teacher preparation program includes use of the academic standards in the pre-24
service education programs and that all teacher interns will have experience 25
planning classroom instruction based on the revised standards. 26
(l) The Council on Postsecondary Education in cooperation with the Kentucky 27 UNOFFICIAL COPY 22 RS SB 1/EN
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Department of Education and the postsecondary education institutions in the 1
state shall coordinate information sessions regarding the academic content 2
standards for faculty who teach in the various content areas. 3
(3) (a) The Kentucky Board of Education shall be responsible for creating and 4
implementing a balanced statewide assessment program that measures the 5
students', schools', and districts' achievement of the goals set forth in KRS 6
158.645 and 158.6451, to ensure compliance with the federal Every Student 7
Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, and to ensure 8
school accountability. 9
(b) The board shall revise the annual statewide assessment program as needed in 10
accordance with revised academic standards and corresponding assessment 11
alignment adjustments approved by the board under subsection (2) of this 12
section. 13
(c) The statewide assessments shall not include any academic standards not 14
approved by the board under subsection (2) of this section. 15
(d) The board shall seek the advice of the Office of Education Accountability; the 16
School Curriculum, Assessment, and Accountability Council; the Education 17
Assessment and Accountability Review Subcommittee, and the department's 18
technical advisory committee in the development of the assessment program. 19
The statewide assessment program shall not include measurement of a 20
student's ability to become a self-sufficient individual or to become a 21
responsible member of a family, work group, or community. 22
(4) (a) The academic components of the statewide assessment program shall be 23
composed of annual student summative tests, which may include a 24
combination of multiple competency-based assessment and performance 25
measures approved by the Kentucky Board of Education. 26
(b) The annual student summative tests shall: 27 UNOFFICIAL COPY 22 RS SB 1/EN
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1. Measure individual student achievement in language, reading, English, 1
mathematics, science, and social studies at designated grades; 2
2. Provide teachers and parents a valid and reliable comprehensive analysis 3
of skills mastered by individual students; 4
3. Provide diagnostic information that identifies strengths and academic 5
deficiencies of individual students in the content areas; 6
4. Provide information to teachers that can enable them to improve 7
instruction for current and future students; 8
5. Provide longitudinal profiles for students; and 9
6. Ensure school and district accountability for student achievement of the 10
goals set forth in KRS 158.645 and 158.6451, except the statewide 11
assessment program shall not include measurement of a student's ability 12
to become a self-sufficient individual or to become a responsible 13
member of a family, work group, or community. 14
(5) The state student assessments shall include the following components: 15
(a) Elementary and middle grades requirements are: 16
1. A criterion-referenced test each in mathematics and reading in grades 17
three (3) through eight (8) that is valid and reliable for an individual 18
student and that measures the depth and breadth of Kentucky's academic 19
content standards; 20
2. A criterion-referenced test each in science and social studies that is valid 21
and reliable for an individual student as necessary to measure the depth 22
and breadth of Kentucky's academic content standards to be 23
administered one (1) time within the elementary and middle grades, 24
respectively; 25
3. An on-demand assessment of student writing to be administered one (1) 26
time within the elementary grades and one (1) time within the middle 27 UNOFFICIAL COPY 22 RS SB 1/EN
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grades; and 1
4. An editing and mechanics test relating to writing, using multiple choice 2
and constructed response items, to be administered one (1) time within 3
the elementary and the middle grades, respectively; 4
(b) High school requirements are: 5
1. A criterion-referenced test in mathematics, reading, and science that is 6
valid and reliable for an individual student and that measures the depth 7
and breadth of Kentucky's academic content standards to be 8
administered one (1) time within the high school grades; 9
2. A criterion-referenced test in social studies that is valid and reliable for 10
an individual student as necessary to measure the depth and breadth of 11
Kentucky's academic content standards to be administered one (1) time 12
within the high school grades; 13
3. An on-demand assessment of student writing to be administered one (1) 14
time within the high school grades; 15
4. An editing and mechanics test relating to writing, using multiple choice 16
and constructed response items, to be administered one (1) time within 17
the high school grades; and 18
5. A college admissions examination to assess English, reading, 19
mathematics, and science in the spring of grade ten (10) and the spring 20
of grade eleven (11); 21
(c) The Kentucky Board of Education shall add any other component necessary to 22
comply with the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or 23
its successor, as determined by the United States Department of Education; 24
(d) The criterion-referenced components required in this subsection shall be 25
composed of constructed response items and multiple choice items; 26
(e) The Kentucky Board of Education may inc orporate end-of-course 27 UNOFFICIAL COPY 22 RS SB 1/EN
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examinations into the assessment program to be used in lieu of requirements 1
for criterion-referenced tests required under paragraph (b) of this subsection; 2
and 3
(f) The results of the assessment program developed under this subsection shall 4
be used by schools and districts to determine appropriate instructional 5
modifications for all students in order for students to make continuous 6
progress, including that needed by advanced learners. 7
(6) Each school district shall administer the statewide student assessment during the 8
last fourteen (14) days of school in the district's instructional calendar. The 9
Kentucky Board of Education may change the testing window to allow for 10
innovative assessment systems or other online test administration and shall 11
promulgate administrative regulations that minimize the number of days of testing 12
and outline the procedures to be used during the testing process to ensure test 13
security, including procedures for testing makeup days, and to comply with federal 14
assessment requirements. 15
(7) A student enrolled in a district-operated or district-contracted alternative program 16
shall participate in the appropriate assessments required by this section. 17
(8) A local school district may select and use commercial interim or formative 18
assessments or develop and use its own formative assessments to provide data on 19
how well its students are growing toward mastery of Kentucky academic standards, 20
so long as the district's local school board develops a policy minimizing the 21
reduction in instructional time related to the administration of the interim 22
assessments. Nothing in this section precludes teachers from using ongoing teacher-23
developed formative processes. 24
(9) Each school that enrolls primary students shall use diagnostic assessments and 25
prompts that measure readiness in reading and mathematics for its primary students 26
as determined by the school to be developmentally appropriate. The schools may 27 UNOFFICIAL COPY 22 RS SB 1/EN
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use commercial products, use products and procedures developed by the district, or 1
develop their own diagnostic procedures. The results shall be used to inform the 2
teachers and parents or guardians of each student's skill level. 3
(10) The state board shall ensure that a technically sound longitudinal comparison of the 4
assessment results for the same students shall be made available. 5
(11) The following provisions shall apply to the college admissions examinations 6
described in subsection (5)(b)5. of this section: 7
(a) The cost of both college admissions examinations administered to students in 8
high school shall be paid for by the Kentucky Department of Education. The 9
costs of additional college admissions examinations shall be the responsibility 10
of the student; 11
(b) If funds are available, the Kentucky Department of Education shall provide a 12
college admissions examination preparation program to all public high school 13
juniors. The department may contract for necessary services; and 14
(c) Accommodations provided to a student with a disability taking the college 15
admissions assessments under this subsection shall consist of: 16
1. Accommodations provided in a manner allowed by the college 17
admissions assessment provider when results in test scores are 18
reportable to a postsecondary institution for admissions and placement 19
purposes, except as provided in subparagraph 2. of this paragraph; or 20
2. Accommodations provided in a manner allowed by a student's 21
individualized education program as defined in KRS 158.281 for a 22
student whose disability precludes valid assessment of his or her 23
academic abilities using the accommodations provided under 24
subparagraph 1. of this paragraph when the student's scores are not 25
reportable to a postsecondary institution for admissions and placement 26
purposes. 27 UNOFFICIAL COPY 22 RS SB 1/EN
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(12) Kentucky teachers shall have a significant role in providing feedback about the 1
design of the assessments, except for the college admissions exams described in 2
subsection (5)(b)5. of this section. The assessments shall be designed to: 3
(a) Measure grade appropriate core academic content, basic skills, and higher-4
order thinking skills and their application; 5
(b) Provide valid and reliable scores for schools. If scores are reported for 6
students individually, they shall be valid and reliable; 7
(c) Minimize the time spent by teachers and students on assessment; and 8
(d) Assess Kentucky academic standards only. 9
(13) The results from assessment under subsections (3) and (5) of this section shall be 10
reported to the school districts and schools no later than seventy-five (75) days 11
following the last day the assessment can be administered. Assessment reports 12
provided to the school districts and schools shall include an electronic copy of an 13
operational subset of test items from each assessment administered to their students 14
and the results for each of those test items by student and by school. 15
(14) The Department of Education shall gather information to establish the validity of 16
the assessment and accountability program. It shall develop a biennial plan for 17
validation studies that shall include but not be limited to the consistency of student 18
results across multiple measures, the congruence of school scores with documented 19
improvements in instructional practice and the school learning environment, and the 20
potential for all scores to yield fair, consistent, and accurate student performance 21
level and school accountability decisions. Validation activities shall take place in a 22
timely manner and shall include a review of the accuracy of scores assigned to 23
students and schools, as well as of the testing materials. The plan shall be submitted 24
to the Commission by July 1 of the first year of each biennium. A summary of the 25
findings shall be submitted to the Legislative Research Commission by September 1 26
of the second year of the biennium. 27 UNOFFICIAL COPY 22 RS SB 1/EN
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(15) The Department of Education and the state board shall offer optional assistance to 1
local school districts and schools in developing and using continuous assessment 2
strategies needed to assure student progress. The continuous assessment shall 3
provide diagnostic information to improve instruction to meet the needs of 4
individual students. 5
(16) The Administration Code for Kentucky's Assessment Program shall include 6
prohibitions of inappropriate test preparation activities by school district employees 7
charged with test administration and oversight, including but not limited to the issue 8
of teachers being required to do test practice in lieu of regular classroom instruction 9
and test practice outside the normal work day. The code shall include disciplinary 10
sanctions that may be taken toward a school or individuals. 11
(17) The Kentucky Board of Education, after the Department of Education has received 12
advice from the Office of Education Accountability; the School Curriculum, 13
Assessment, and Accountability Council; and the department's technical advisory 14
committee, shall promulgate an administrative regulation under KRS Chapter 13A 15
to establish the components of a reporting structure for assessments administered 16
under this section. The reporting structure shall include the following components: 17
(a) A school report card that clearly communicates with parents and the public 18
about school performance. The school report card shall be sent to the parents 19
of the students of the districts, and information on electronic access to a 20
summary of the results for the district shall be published in the newspaper 21
with the largest circulation in the county. It shall include but not be limited to 22
the following components reported by race, gender, and disability when 23
appropriate: 24
1. Student academic achievement, including the results from each of the 25
assessments administered under this section; 26
2. For Advanced Placement, Cambridge Advanced International, and 27 UNOFFICIAL COPY 22 RS SB 1/EN
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International Baccalaureate, the courses offered, the number of students 1
enrolled, completing, and taking the examination for each course, and 2
the percentage of examinees receiving a score of three (3) or better on 3
AP examinations, a score of "e" or better on Cambridge Advanced 4
International examinations, or a score of four (4) or better on IB 5
examinations. The data shall be disaggregated by gender, race, students 6
with disabilities, and economic status; 7
3. Nonacademic achievement, including the school's attendance, retention, 8
graduation rates, and student transition to postsecondary; 9
4. School learning environment, including measures of parental 10
involvement; and 11
5. Any other school performance data required by the Every Student 12
Succeeds Act of 2015, Pub. L. No. 114-95, or its successor; 13
(b) An individual student report to parents for each student in grades three (3) 14
through eight (8) summarizing the student's skills in reading, science, social 15
studies, and mathematics. The school's staff shall develop a plan for 16
accelerated learning for any student with identified deficiencies or strengths; 17
and 18
(c) A student's highest scores on the college admissions assessments administered 19
under subsection (5)(b)5. of this section. 20
(18) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the 21
Kentucky Department of Education shall implement a comprehensive process 22
for reviewing and revising the academic standards in visual and performing 23
arts and practical living skills and career studies for all levels and in foreign 24
language for middle and high schools. The department shall develop review 25
committees for the standards for each of the content areas that include 26
representation from certified specialist public school teachers and 27 UNOFFICIAL COPY 22 RS SB 1/EN
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postsecondary teachers in those subject areas. 1
(b) The academic standards in practical living skills for elementary, middle, and 2
high school levels shall include a focus on drug abuse prevention, with an 3
emphasis on the prescription drug epidemic and the connection between 4
prescription opioid abuse and addiction to other drugs, such as heroin and 5
synthetic drugs. 6
(c) The department shall provide to all schools guidelines for programs that 7
incorporate the adopted academic standards in visual and performing arts and 8
practical living and career studies. The department shall provide to middle and 9
high schools guidelines for including a foreign language program. The 10
guidelines shall address program length and time, courses offered, staffing, 11
resources, and facilities. 12
(d) The Kentucky Department of Education, in consultation with certified public 13
school teachers of visual and performing arts, may develop program standards 14
for the visual and performing arts. 15
(19) The Kentucky Department of Education shall provide to all school 16
districts[schools] guidelines for including an effective writing program within the 17
curriculum.[ Each school-based decision making council or, if there is no school 18
council, a committee appointed by the principal, shall adopt policies that determine 19
the writing program for its school and submit it to the Department of Education for 20
review and comment. The writing program shall incorporate a variety of language 21
resources, technological tools, and multiple opportunities for students to develop 22
complex communication skills for a variety of purposes.] 23
(20) (a) The Kentucky Department of Education, in consultation with the review 24
committees described in subsection (18) of this section, shall develop a school 25
profile report to be used by all schools to document how they will address the 26
adopted academic standards in their implementation of the programs as 27 UNOFFICIAL COPY 22 RS SB 1/EN
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described in subsection (18) of this section, which may include student 1
opportunities and experiences in extracurricular activities. The department 2
shall include the essential workplace ethics program on the school profile 3
report. 4
(b) By October 1 of each year, each school principal shall complete the school 5
profile report, which shall be signed by the members of the school council, or 6
the principal if no school council exists, and the superintendent. The report 7
shall be electronically transmitted to the Kentucky Department of Education, 8
and the original shall be maintained on file at the local board office and made 9
available to the public upon request. The department shall include a link to 10
each school's profile report on its Web site. 11
(c) If a school staff member, student, or a student's parent has concerns regarding 12
deficiencies in a school's implementation of the programs described in 13
subsection (18) of this section, he or she may submit a written inquiry to the 14
school council. 15
Section 3. KRS 160.370 is amended to read as follows: 16
(1) The superintendent shall be the executive agent of the board that appoints him or 17
her and shall meet with the board, except when his or her own tenure, salary, or the 18
administration of his or her office is under consideration. As executive officer of the 19
board, the superintendent shall see that the laws relating to the schools, the bylaws, 20
rules, and regulations of the Kentucky Board of Education, and the regulations and 21
policies of the district board of education are carried into effect. He or she may 22
administer the oath required by the board of education to any teacher or other 23
person. He or she shall be the professional adviser of the board in all matters. He or 24
she shall prepare, under the direction of the board, all rules, regulations, bylaws, and 25
statements of policy for approval and adoption by the board. He or she shall have 26
general supervision, subject to the control of the board of education, of the general 27 UNOFFICIAL COPY 22 RS SB 1/EN
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conduct of the schools, the course of instruction, the discipline of pupils, and the 1
management of business affairs. He or she shall be responsible for the hiring and 2
dismissal of all personnel in the district. 3
(2) For a county school district in a county with a consolidated local government 4
adopted under KRS Chapter 67C: 5
(a) A local board of education shall: 6
1. Delegate authority to the superintendent over the district's day-to-day 7
operations and implementation of the board-approved strategic plan in 8
a manner that promotes the efficient, timely operation of the district, 9
including but not limited to the authority over contracts related to 10
daily operations of the district, pupil transportation, personnel 11
matters, and the organizational structure of administrative staff; 12
2. Except as expressly required by statute, including subparagraphs 3. 13
and 5. of this paragraph, not meet more than once every four (4) 14
weeks for the purpose of approving necessary administrative matters; 15
3. By December 1 each year, approve a rolling three (3) year strategic 16
plan for the district that outlines student achievement goals, faculty 17
and staff improvement goals, facility and infrastructure improvement, 18
and other key objectives that the superintendent and board believe are 19
in the best interest of student outcomes and the community; 20
4. Approve an annual budget for the district, which shall include any 21
budgetary decisions relevant to the district's ability to obtain necessary 22
revenue, including tax revenue, in accordance with the requirements 23
of state law and regulation; 24
5. By November 1 each year, oversee: 25
a. An annual audit of the financial dealings of the district and the 26
reporting of key financial performance data in order to ensure 27 UNOFFICIAL COPY 22 RS SB 1/EN
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fair and accurate reporting to the board; and 1
b. An annual review of student performance in the district and the 2
reporting of key student performance data to ensure compliance 3
with state and federal law and accurate reporting to the board; 4
6. Recruit and hire the superintendent and negotiate the terms of 5
employment and compensation of a prospective superintendent; 6
7. Complete an annual review of the superintendent's performance with 7
regard to the duties assigned in subsection (1) of this section and 8
paragraph (b) of this subsection; and 9
8. Be responsible for the dismissal of the superintendent; 10
(b) Notwithstanding any provision to the contrary in subsection (1) of this 11
section, the superintendent shall: 12
1. Provide a quarterly, informational report to the board on the 13
administrative actions taken by the superintendent to carry out the 14
district's daily operations and implementation of the strategic plan as 15
well as a budget to actual financial update; 16
2. Prepare all rules, regulations, bylaws, and statements of policy for 17
approval and adoption by the board, with approval not to be withheld 18
without a two-thirds (2/3) vote of the board to deny approval or 19
adoption; 20
3. Supervise the general conduct of the schools, the course of 21
instruction, the discipline of pupils, the employment matters of all 22
employees and contractors, and the management of business affairs of 23
the district; 24
4. Be responsible for the hiring, employment terms, dismissal, and 25
organizational structure of all personnel in the district in compliance 26
with all laws and in a manner that best serves the students of the 27 UNOFFICIAL COPY 22 RS SB 1/EN
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district; and 1
5. Notwithstanding any law that assigns an administrative duty, 2
responsibility, or authority to a board of education, or other law to the 3
contrary, be responsible for any administrative duty not explicitly 4
granted to the board under paragraph (a) of this subsection; and 5
(c)[(2)] If the[For a county school district in a] county [with a consolidated local 6
government adopted under KRS Chapter 67C that ]adopts the provisions of 7
the Kentucky Model Procurement Code, the board shall authorize the 8
superintendent to approve purchases, in accordance with small purchase 9
procedures adopted by the board, for any contract for which a determination is 10
made that the aggregate amount of the contract does not exceed two hundred 11
fifty thousand dollars ($250,000)[twenty thousand dollars ($20,000)]. The 12
board shall authorize the superintendent to approve a line-item transfer 13
within its annual budget as she or he deems necessary, provided that the 14
aggregate amount of any individual transfer does not exceed two hundred 15
fifty thousand dollars ($250,000). The superintendent shall provide a 16
quarterly report to the board on any purchases made under this subsection. 17
SECTION 4. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) A public school or public charter school shall provide instruction and 20
instructional materials that are aligned with the social studies academic 21
standards adopted in accordance with Section 2 of this Act and consistent with 22
the following concepts: 23
(a) All individuals are created equal; 24
(b) Americans are entitled to equal protection under the law; 25
(c) An individual deserves to be treated on the basis of the individual's 26
character; 27 UNOFFICIAL COPY 22 RS SB 1/EN
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(d) An individual, by virtue of the individual's race or sex, does not bear 1
responsibility for actions committed by other members of the same race or 2
sex; 3
(e) The understanding that the institution of slavery and post-Civil War laws 4
enforcing racial segregation and discrimination were contrary to the 5
fundamental American promise of life, liberty, and the pursuit of happiness, 6
as expressed in the Declaration of Independence, but that defining racial 7
disparities solely on the legacy of this institution is destructive to the 8
unification of our nation; 9
(f) The future of America's success is dependent upon cooperation among all 10
its citizens; 11
(g) Personal agency and the understanding that, regardless of one's 12
circumstances, an American has the ability to succeed when he or she is 13
given sufficient opportunity and is committed to seizing that opportunity 14
through hard work, pursuit of education, and good citizenship; and 15
(h) The significant value of the American principles of equality, freedom, 16
inalienable rights, respect for individual rights, liberty, and the consent of 17
the governed. 18
(2) Nothing in subsection (1) of this section shall be construed to restrict a public 19
school or public charter school from providing instruction or using instructional 20
materials that include: 21
(a) The history of an ethnic group, as described in textbooks and instructional 22
materials adopted by a school district; 23
(b) The discussion of controversial aspects of history; or 24
(c) The instruction and instructional materials on the historical oppression of a 25
particular group of people. 26
(3) (a) Notwithstanding the every six (6) year schedule set forth in subsection(2)(a) 27 UNOFFICIAL COPY 22 RS SB 1/EN
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of Section 2 of this Act, no later than July 1, 2023, the Kentucky 1
Department of Education shall incorporate fundamental American 2
documents and speeches into the grade-level appropriate middle and high 3
school social studies academic standards and align corresponding 4
assessments, including but not limited to: 5
1. The Mayflower Compact; 6
2. The Declaration of Independence; 7
3. The Constitution of the United States; 8
4. The Federalist No. 1 (Alexander Hamilton); 9
5. The Federalist Nos. 10 and 51 (James Madison); 10
6. The June 8, 1789, speech on amendments to the Constitution of the 11
United States by James Madison; 12
7. The first ten (10) amendments to the Constitution of the United States, 13
also known as the Bill of Rights; 14
8. The 1796 Farewell Address by George Washington; 15
9. The United States Supreme Court opinion in Marbury v. Madison, 5 16
U.S. 137 (1803); 17
10. The Monroe Doctrine by James Monroe; 18
11. What to the Slave is the Fourth of July? speech by Frederick 19
Douglass; 20
12. The United States Supreme Court opinion in Dred Scott v. Sandford, 21
60 U.S. 393 (1857); 22
13. Final Emancipation Proclamation by Abraham Lincoln; 23
14. The Gettysburg Address by Abraham Lincoln; 24
15. Declaration of Rights of the Women of the United States by Susan B. 25
Anthony, Matilda Joslyn Gage, and Elizabeth Cady Stanton; 26
16. The September 18, 1895, Atlanta Exposition Address by Booker T. 27 UNOFFICIAL COPY 22 RS SB 1/EN
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Washington; 1
17. Of Booker T. Washington and Others by W.E.B. Du Bois; 2
18. The United States Supreme Court opinion in Plessy v. Ferguson, 163 3
U.S. 537 (1896); 4
19. The August 31, 1910, New Nationalism speech by Theodore Roosevelt; 5
20. The January 11, 1944, State of the Union Address by Franklin D. 6
Roosevelt; 7
21. The United States Supreme Court opinions in Brown v. Board of 8
Education of Topeka, 347 U.S. 483 (1954) and Brown v. Board of 9
Education of Topeka, 349 U.S. 294 (1955); 10
22. Letter from Birmingham Jail by Martin Luther King, Jr.; 11
23. The August 28, 1963, I Have a Dream speech by Martin Luther King, 12
Jr.; and 13
24. A Time for Choosing by Ronald Reagan. 14
(b) This revision shall not delay or otherwise impact the existing schedule as set 15
forth in subsection (2) of Section 2 of this Act. 16
Section 5. KRS 161.164 is amended to read as follows: 17
(1) No employee of the local school district shall take part in the management or 18
activities of any political campaign for school board. 19
(2) No candidate for school board shall solicit or accept any political assessment, 20
subscription, contribution, or service of any employee of the school district. 21
(3) No person shall use or promise to use, directly or indirectly, any official authority or 22
influence, whether possessed or anticipated, to secure or attempt to secure for any 23
person an appointment or advantage in appointment to a position as teacher or 24
employee of any district board of education, or an increase in pay or other 25
advantage in employment in any such position, for the purpose of influencing the 26
vote or political action of any person. 27 UNOFFICIAL COPY 22 RS SB 1/EN
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(4) No teacher or employee of any district board of education shall be appointed or 1
promoted to, or demoted or dismissed from, any position or in any way favored or 2
discriminated against with respect to employment because of his political or 3
religious opinions or affiliations or ethnic origin or race or color or sex or age or 4
disabling condition. 5
(5) Any instruction or instructional materials on current, controversial topics related 6
to public policy or social affairs provided to public school or public charter school 7
students, regardless of whether the individual that provides the instruction is 8
employed by the local school district or public charter school, shall be: 9
(a) Within the range of knowledge, understanding, age, and maturity of the 10
students receiving the instruction; and 11
(b) Relevant, objective, nondiscriminatory, and respectful to the differing 12
perspectives of students. 13
(6) An employee of a public school district or public charter school shall not violate a 14
student's first amendment rights by requiring or incentivizing a student to 15
advocate in a civic space on behalf of a perspective with which the student or the 16
parent or guardian of a minor student does not agree. 17
(7) An employee of a local school district or public charter school shall not be 18
required to engage in training, orientation, or therapy that coerces the employee 19
to stereotype any group. 20
(8) The local superintendent shall inform all school employees of the provisions of this 21
section. 22
Section 6. (1) Notwithstanding any statute or regulation to the contrary, 23
from the beginning of the 2021-2022 school year through February 28, 2022, up to 15 24
sick-leave days used by a school district employee due to the employee having an active 25
COVID-19 infection documented by a positive COVID-19 test shall be credited to the 26
employee as unused sick-leave days. 27 UNOFFICIAL COPY 22 RS SB 1/EN
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(2) Beginning March 1, 2022, through June 30, 2022, each school district shall 1
grant an employee up to five days of paid leave due to the employee having an active 2
COVID-19 infection documented by a positive COVID-19 test. This leave shall be in 3
addition to any other leave provided by statute or board policy. Leave granted pursuant to 4
this subsection shall not accumulate or carry over beyond the 2021-2022 school year and 5
shall not be transferrable to any other classification of paid leave established by statute or 6
local school district policy. 7
Section 7. The provisions of Section 6 of this Act shall be retroactive to March 8
1, 2022. 9
Section 8. Sections 4 and 5 of this Act may be cited as the Teaching American 10
Principles Act. 11
Section 9. Whereas school employees have been negatively impacted by the 12
COVID-19 public health crisis, and while school employees who were quarantined due to 13
COVID-19 were provided paid leave for that purpose while school employees with active 14
COVID-19 infections were not afforded that same benefit, an emergency is declared to 15
exist, and Section 6 of this Act takes effect upon its passage and approval by the 16
Governor or upon its otherwise becoming a law. 17