CHAPTER 196
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CHAPTER 196
( SB 1 )
AN ACT relating to education and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 160.345 is amended to read as follows:
(1) For the purpose of this section:
(a) "Minority" means American Indian; Alaskan native; African-American; Hispanic, including persons of
Mexican, Puerto Rican, Cuban, and Central or South American origin; Pacific islander; or other ethnic
group underrepresented in the school;
(b) "School" means an elementary or secondary educational institution that is under the administrative
control of a principal and is not a program or part of another school. The term "school" does not include
district-operated schools that are:
1. Exclusively vocational-technical, special education, or preschool programs;
2. Instructional programs operated in institutions or schools outside of the district; or
3. Alternative schools designed to provide services to at-risk populations with unique needs;
(c) "Teacher" means any person for whom certification is required as a basis of employment in the public
schools of the state, with the exception of principals and assistant principals; and
(d) "Parent" means:
1. A parent, stepparent, or foster parent of a student; or
2. A person who has legal custody of a student pursuant to a court order and with whom the student
resides.
(2) Each local board of education shall adopt a policy for implementing school-based decision making in the
district which shall include but not be limited to a description of how the district's policies, including those
developed pursuant to KRS 160.340, have been amended to allow the professional staff members of a school
to be involved in the decision-making process as they work to meet educational goals established in KRS
158.645 and 158.6451. The policy may include a requirement that each school council make an annual report
at a public meeting of the board describing the school's progress in meeting the educational goals set forth in
KRS 158.6451 and district goals established by the board. The policy shall also address and comply with the
following:
(a) Except as provided in paragraph (b)2. of this subsection, each participating school shall form a school
council composed of two (2) parents, three (3) teachers, and the principal or administrator. The
membership of the council may be increased, but it may only be increased proportionately. A parent
representative on the council shall not be an employee or a relative of an employee of the school in
which that parent serves, nor shall the parent representative be an employee or a relative of an employee
in the district administrative offices. A parent representative shall not be a local board member or a
board member's spouse. None of the members shall have a conflict of interest pursuant to KRS Chapter
45A, except the salary paid to district employees;
(b) 1. The teacher representatives shall be elected for one (1) year terms by a majority of the teachers.
A teacher elected to a school council shall not be involuntarily transferred during his or her term
of office. The parent representatives shall be elected for one (1) year terms. The parent members
shall be elected by the parents of students preregistered to attend the school during the term of
office in an election conducted by the parent and teacher organization of the school or, if none
exists, the largest organization of parents formed for this purpose. Council elections may allow
voting to occur over multiple days and via electronic means. A school council, once elected,
may adopt a policy setting different terms of office for parent and teacher members subsequently
elected. The principal shall be the chair of the school council. ACTS OF THE GENERAL ASSEMBLY 2
2. School councils in schools having eight percent (8%) or more minority students enrolled, as
determined by the enrollment on the preceding October 1, shall have at least one (1) minority
member. If the council formed under paragraph (a) of this subsection does not have a minority
member, the principal, in a timely manner, shall be responsible for carrying out the following:
a. Organizing a special election to elect an additional member. The principal shall call for
nominations and shall notify the parents of the students of the date, time, and location of
the election to elect a minority parent to the council by ballot; and
b. Allowing the teachers in the building to select one (1) minority teacher to serve as a
teacher member on the council. If there are no minority teachers who are members of the
faculty, an additional teacher member shall be elected by a majority of all teachers. Term
limitations shall not apply for a minority teacher member who is the only minority on
faculty;
(c) 1. The school council shall have the responsibility to set school policy that shall be consistent with
district board policy and which shall provide an environment to enhance the students'
achievement and help the school meet the goals established by KRS 158.645 and 158.6451 and
goals for the district established by the board. The principal shall be the primary administrator
and the instructional leader of the school, and with the assistance of the total school staff shall
administer the policies established by the school council and the local board.
2. If a school council establishes committees, it shall adopt a policy to facilitate the participation of
interested persons, including, but not limited to, classified employees and parents. The policy
shall include the number of committees, their jurisdiction, composition, and the process for
membership selection;
(d) The school council and each of its committees shall determine the frequency of and agenda for their
meetings. Matters relating to formation of school councils that are not provided for by this section shall
be addressed by local board policy;
(e) The meetings of the school council shall be open to the public and all interested persons may attend.
However, the exceptions to open meetings provided in KRS 61.810 shall apply;
(f) After receiving notification of the funds available for the school from the local board, the school council
shall determine, within the parameters of the total available funds, the number of persons to be
employed in each job classification at the school. The council may make personnel decisions on
vacancies occurring after the school council is formed but shall not have the authority to recommend
transfers or dismissals;
(g) The local superintendent[school council] shall determine which curriculum, textbooks, instructional
materials, and student support services shall be provided in the school after consulting with the local
board of education, the school principal, and the school council and after a reasonable review and
response period for stakeholders in accordance with local board of education policy. Subject to
available resources, the local board shall allocate an appropriation to each school that is adequate to
meet the school's needs related to instructional materials and school-based student support services, as
determined by the school principal after consultation with the school council. The school council shall
consult with the school media librarian on the maintenance of the school library media center, including
the purchase of instructional materials, information technology, and equipment;
(h) Personnel decisions at the school level shall be as follows:
1. From a list of qualified applicants submitted by the local superintendent, the principal at the
participating school shall select personnel to fill vacancies, after consultation with the school
council, consistent with paragraph (i)11. of this subsection. The superintendent shall provide
additional applicants to the principal upon request when qualified applicants are available. The
superintendent may forward to the school principal[council] the names of qualified applicants
who have pending certification from the Education Professional Standards Board based on recent
completion of preparation requirements, out-of-state preparation, or alternative routes to
certification pursuant to KRS 161.028 and 161.048. Requests for transfer shall conform to any
employer-employee bargained contract which is in effect;
2. If the vacancy to be filled is the position of principal: CHAPTER 196
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a. The superintendent shall fill the vacancy after consultation with the school council
consistent with paragraph (i)11. of this subsection;
b. Prior to consultation with the school council, each member shall sign a nondisclosure
agreement forbidding the disclosure of information shared and discussions held during
consultation;
c. A person who believes a violation of the nondisclosure agreement referred to in
subdivision b. of this subparagraph has occurred may file a written complaint with the
Kentucky Board of Education; and
d. A school council member found to have violated the nondisclosure agreement referred
to in subdivision b. of this subparagraph may be subject to removal from the school
council by the Kentucky Board of Education under subsection (9)(e) of this section;
3. Notwithstanding subparagraph 2. of this paragraph, if the vacancy to be filled is the position
of principal in a county school district in a county with a consolidated local government
adopted under KRS Chapter 67C, then:
a. [i. If the vacancy to be filled is the position of principal, ]The outgoing principal shall
not serve on the council during the principal selection process. The superintendent or the
superintendent's designee shall serve as the chair of the council for the purpose of the
hiring process and shall have voting rights during the selection process;[.]
b. [ii. Except as provided in subdivision b. of this subparagraph, ]The council shall have
access to the applications of all persons certified for the position. The principal shall be
elected on a majority vote of the membership of the council. The school council shall
receive training in recruitment and interviewing techniques prior to carrying out the
process of selecting a principal. The council shall select the trainer to deliver the training;
and
c. Notwithstanding the requirement that a principal be elected by a majority vote of the
council, the selection of a principal shall be subject to approval by the superintendent.
If the superintendent does not approve the principal selected by the council, then the
superintendent may select the principal;
[b. An alternative principal selection process may be used by the school council as follows:
i. Prior to a meeting called to select a principal, all school council members shall
receive informational materials regarding Kentucky open records and open
meetings laws and sign a nondisclosure agreement forbidding the sharing of
information shared and discussions held in the closed session;
ii. The superintendent shall convene the school council and move into closed session
as provided in KRS 61.810(1)(f) to confidentially recommend a candidate;
iii. The council shall have the option to interview the recommended candidate while in
closed session; and
iv. After any discussion, at the conclusion of the closed session, the council shall
decide, in a public meeting by majority vote of the membership of the council,
whether to accept or reject the recommended principal candidate;
c. If the recommended candidate is selected, and the recommended candidate accepts the
offer, the name of the candidate shall be made public during the next meeting in open
session;
d. i. If the recommended candidate is not accepted by the school council under
subdivision b. of this subparagraph, then the process set forth in subdivision a. of
this subparagraph shall apply.
ii. The confidentially recommended candidate's name and the discussions of the
closed session shall remain confidential under KRS 61.810(1)(f), and any
documents used or generated during the closed meeting shall not be subject to an
open records request as provided in KRS 61.878(1)(i) and (j). ACTS OF THE GENERAL ASSEMBLY 4
iii. A recommended candidate who believes a violation of this subdivision has
occurred may file a written complaint with the Kentucky Board of Education.
iv. A school council member who is found to have disclosed confidential information
regarding the proceeding of the closed session shall be subject to removal from the
school council by the Kentucky Board of Education under subsection (9)(e) of this
section;]
4.[3.] No principal who has been previously removed from a position in the district for cause may be
considered for appointment as principal in that district;
5.[4.] Personnel decisions made at the school level under the authority of
subparagraph[subparagraphs] 1.[ and 2.] of this paragraph shall be binding on the
superintendent who completes the hiring process;
6.[5.] Applicants subsequently employed shall provide evidence that they are certified prior to
assuming the duties of a position in accordance with KRS 161.020; and
7.[6.] Notwithstanding other provisions of this paragraph, if the applicant is the spouse of the
superintendent and the applicant meets the service requirements of KRS 160.380(3)(a), the
applicant shall only be employed upon the recommendation of the principal and the approval of a
majority vote of the school council;[ and]
[7. Beginning June 27, 2019, notwithstanding the requirement that a principal be elected on a
majority vote of the council in subparagraph 2. of this paragraph, if the school council is in a
county school district in a county with a consolidated local government adopted under KRS
Chapter 67C, then the selection of a principal shall be subject to approval by the superintendent.
If the superintendent does not approve the principal selected by the council, then the
superintendent may select the principal;]
(i) The school council shall adopt a policy that shall be consistent with local board policy and shall[ to]
be implemented by the principal in the following additional areas:
1. [Determination of curriculum, including needs assessment, ]Curriculum [development and]
responsibilities under KRS 158.6453(19);
2. Assignment of all instructional and noninstructional staff time;
3. Assignment of students to classes and programs within the school;
4. Determination of the schedule of the school day and week, subject to the beginning and ending
times of the school day and school calendar year as established by the local board;
5. Determination of use of school space during the school day related to improving classroom
teaching and learning;
6. Planning and resolution of issues regarding instructional practices;
7. Selection and implementation of discipline and classroom management techniques as a part of a
comprehensive school safety plan, including responsibilities of the student, parent, teacher,
counselor, and principal;
8. Selection of extracurricular programs and determination of policies relating to student
participation based on academic qualifications and attendance requirements, program evaluation,
and supervision;
9. Adoption of an emergency plan as required in KRS 158.162;
10. Procedures, consistent with local school board policy, for determining alignment with state
standards, technology utilization, and program appraisal; and
11. Procedures to assist the council with consultation in the selection of the principal by the
superintendent, and the selection of personnel by the principal, including but not limited to
meetings, timelines, interviews, review of written applications, and review of references.
Procedures shall address situations in which members of the council are not available for
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(j) Each school council shall annually review data as shown on state and local student assessments required
under KRS 158.6453. The data shall include but not be limited to information on performance levels of
all students tested, and information on the performance of students disaggregated by race, gender,
disability, and participation in the federal free and reduced price lunch program. After completing the
review of data, each school council, with the involvement of parents, faculty, and staff, shall develop
and adopt a plan to ensure that each student makes progress toward meeting the goals set forth in KRS
158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan to the superintendent and local
board of education for review as described in KRS 160.340. The Kentucky Department of Education
shall provide each school council the data needed to complete the review required by this paragraph no
later than October 1 of each year. If a school does not have a council, the review shall be completed by
the principal with the involvement of parents, faculty, and staff.
(3) The policies adopted by the local board to implement school-based decision making shall also address the
following:
(a) School budget and administration, including: discretionary funds; activity and other school funds; funds
for maintenance, supplies, and equipment; and procedures for authorizing reimbursement for training
and other expenses;
(b) Assessment of individual student progress, including testing and reporting of student progress to
students, parents, the school district, the community, and the state;
(c) School improvement plans, including the form and function of strategic planning and its relationship to
district planning, as well as the school safety plan and requests for funding from the Center for School
Safety under KRS 158.446;
(d) Professional development plans developed pursuant to KRS 156.095;
(e) Parent, citizen, and community participation including the relationship of the council with other groups;
(f) Cooperation and collaboration within the district, with other districts, and with other public and private
agencies;
(g) Requirements for waiver of district policies;
(h) Requirements for record keeping by the school council; and
(i) A process for appealing a decision made by a school council.
(4) In addition to the authority granted to the school council in this section, the local board may grant to the school
council any other authority permitted by law. The board shall make available liability insurance coverage for
the protection of all members of the school council from liability arising in the course of pursuing their duties
as members of the council.
(5) All schools shall implement school-based decision making in accordance with this section and with the policy
adopted by the local board pursuant to this section. Upon favorable vote of a majority of the faculty at the
school and a majority of at least twenty-five (25) voting parents of students enrolled in the school, a school
meeting its goal as determined by the Department of Education pursuant to KRS 158.6455 may apply to the
Kentucky Board of Education for exemption from the requirement to implement school-based decision
making, and the state board shall grant the exemption. The voting by the parents on the matter of exemption
from implementing school-based decision making shall be in an election conducted by the parent and teacher
organization of the school or, if none exists, the largest organization of parents formed for this purpose.
Notwithstanding the provisions of this section, a local school district shall not be required to implement
school-based decision making if the local school district contains only one (1) school.
(6) The Department of Education shall provide professional development activities to assist schools in
implementing school-based decision making. School council members elected for the first time shall complete
a minimum of six (6) clock hours of training in the process of school-based decision making, no later than
thirty (30) days after the beginning of the service year for which they are elected to serve. School council
members who have served on a school council at least one (1) year shall complete a minimum of three (3)
clock hours of training in the process of school-based decision making no later than one hundred twenty (120)
days after the beginning of the service year for which they are elected to serve. Experienced members may
participate in the training for new members to fulfill their training requirement. School council training
required under this subsection shall be conducted by trainers endorsed by the Department of Education. By ACTS OF THE GENERAL ASSEMBLY 6
November 1 of each year, the principal through the local superintendent shall forward to the Department of
Education the names and addresses of each council member and verify that the required training has been
completed. School council members elected to fill a vacancy shall complete the applicable training within
thirty (30) days of their election.
(7) A school that chooses to have school-based decision making but would like to be exempt from the
administrative structure set forth by this section may develop a model for implementing school-based decision
making, including but not limited to a description of the membership, organization, duties, and responsibilities
of a school council. The school shall submit the model through the local board of education to the
commissioner of education and the Kentucky Board of Education, which shall have final authority for
approval. The application for approval of the model shall show evidence that it has been developed by
representatives of the parents, students, certified personnel, and the administrators of the school and that two-
thirds (2/3) of the faculty have agreed to the model.
(8) The Kentucky Board of Education, upon recommendation of the commissioner of education, shall adopt by
administrative regulation a formula by which school district funds shall be allocated to each school council.
Included in the school council formula shall be an allocation for professional development that is at least sixty-
five percent (65%) of the district's per pupil state allocation for professional development for each student in
average daily attendance in the school. The school council shall plan professional development in compliance
with requirements specified in KRS 156.095, except as provided in KRS 158.649. School councils of small
schools shall be encouraged to work with other school councils to maximize professional development
opportunities.
(9) (a) No board member, superintendent of schools, district employee, or member of a school council shall
intentionally engage in a pattern of practice which is detrimental to the successful implementation of or
circumvents the intent of school-based decision making to allow the professional staff members of a
school and parents to be involved in the decision making process in working toward meeting the
educational goals established in KRS 158.645 and 158.6451 or to make decisions in areas of policy
assigned to a school council pursuant to paragraph (i) of subsection (2) of this section.
(b) An affected party who believes a violation of this subsection has occurred may file a written complaint
with the Office of Education Accountability. The office shall investigate the complaint and resolve the
conflict, if possible, or forward the matter to the Kentucky Board of Education.
(c) The Kentucky Board of Education shall conduct a hearing in accordance with KRS Chapter 13B for
complaints referred by the Office of Education Accountability.
(d) If the state board determines a violation has occurred, the party shall be subject to reprimand. A second
violation of this subsection may be grounds for removing a superintendent or a member of a school
council from office or grounds for dismissal of an employee for misconduct in office or willful neglect
of duty.
(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the state board determines a
violation of the nondisclosure agreement required by[confidentiality requirements set forth in]
subsection (2)(h)2.b. of this section by a school council member has occurred, the state board shall
remove the member from the school council, and the member shall be permanently prohibited from
serving on any school council in the district.
(10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or maintain a school-based
decision making council and the powers, duties, and authority granted to a school council may be rescinded or
the school council's role may be advisory if the commissioner of education or the Kentucky Board of
Education takes action under KRS 160.346.
(11) Each school council of a school containing grades K-5 or any combination thereof, or if there is no school
council, the principal, shall develop and implement a wellness policy that includes moderate to vigorous
physical activity each day and encourages healthy choices among students. The policy may permit physical
activity to be considered part of the instructional day, not to exceed thirty (30) minutes per day, or one hundred
and fifty (150) minutes per week. Each school council, or if there is no school council, the principal, shall
adopt an assessment tool to determine each child's level of physical activity on an annual basis. The council or
principal may utilize an existing assessment program. The Kentucky Department of Education shall make
available a list of available resources to carry out the provisions of this subsection. The department shall report
to the Legislative Research Commission no later than November 1 of each year on how the schools are
providing physical activity under this subsection and on the types of physical activity being provided. The CHAPTER 196
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policy developed by the school council or principal shall comply with provisions required by federal law, state
law, or local board policy.
[(12) Discretionary authority exercised under subsection (2)(h)2.b. of this section shall not violate provisions of any
employer-employee bargained contract existing between the district and its employees.]
Section 2. KRS 158.6453 is amended to read as follows:
(1) As used in this section:
(a) "Accelerated learning" means an organized way of helping students meet individual academic goals by
providing direct instruction to eliminate student performance deficiencies or enable students to move
more quickly through course requirements and pursue higher level skill development;
(b) "Constructed-response items" or "performance-based items" means individual test items that require the
student to create an answer rather than select a response and may include fill-in-the-blank, short-
answer, extended-answer, open-response, and writing-on-demand formats;
(c) "Criterion-referenced test" means a test that is aligned with defined academic content standards and
measures an individual student's level of performance against the standards;
(d) "End-of-course examination" means the same as defined in KRS 158.860;
(e) "Formative assessment" means a process used by teachers and students during instruction to adjust
ongoing teaching and learning to improve students' achievement of intended instructional outcomes.
Formative assessments may include the use of commercial assessments, classroom observations,
teacher-designed classroom tests and assessments, and other processes and assignments to gain
information about individual student learning;
(f) "Interim assessments" means assessments that are given periodically throughout the year to provide
diagnostic information and to show individual student performance against content standards;
(g) "Summative assessment" means an assessment given at the end of the school year, semester, or other
period of time to evaluate students' performance against content standards within a unit of instruction or
a course; and
(h) "Writing" means a purposeful act of thinking and expression that uses language to explore ideas and
communicate meaning to others. Writing is a complex, multifaceted act of communication.
(2) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the Kentucky Department of
Education shall implement a process for reviewing Kentucky's academic standards and the alignment of
corresponding assessments for possible revision or replacement to ensure alignment with transition
readiness standards necessary for global competitiveness,[ and with] state career and technical
education standards, and Section 4 of this Act.
(b) The revisions to the content standards shall:
1. Focus on critical knowledge, skills, and capacities needed for success in the global economy;
2. Result in fewer but more in-depth standards to facilitate mastery learning;
3. Communicate expectations more clearly and concisely to teachers, parents, students, and
citizens;
4. Be based on evidence-based research;
5. Consider international benchmarks; and
6. Ensure that the standards are aligned from elementary to high school to postsecondary education
so that students can be successful at each education level.
(c) 1. The department shall establish four (4) standards and assessments review committees, with each
committee composed of a minimum of six (6) Kentucky public school teachers and a minimum
of two (2) representatives from Kentucky institutions of higher education, including at least one
(1) representative from a public institution of higher education. Each committee member shall
teach in the subject area that his or her committee is assigned to review and have no prior or
current affiliation with a curriculum or assessment resources vendor. ACTS OF THE GENERAL ASSEMBLY 8
2. One (1) of the four (4) committees shall be assigned to focus on the review of language arts and
writing academic standards and assessments, one (1) on the review of mathematics academic
standards and assessments, one (1) on the review of science academic standards and assessments,
and one (1) on the review of social studies academic standards and assessments.
(d) 1. The department shall establish twelve (12) advisory panels to advise and assist each of the four
(4) standards and assessments review committees.
2. Three (3) advisory panels shall be assigned to each standards and assessments review committee.
One (1) panel shall review the standards and assessments for kindergarten through grade five (5),
one (1) shall review the standards and assessments for grades six (6) through eight (8), and one
(1) shall review the standards and assessments for grades nine (9) through twelve (12).
3. Each advisory panel shall be composed of at least one (1) representative from a Kentucky
institution of higher education and a minimum of six (6) Kentucky public school teachers who
teach in the grade level and subject reviewed by the advisory panel to which they are assigned
and have no prior or current affiliation with a curriculum or assessment resources vendor.
(e) The commissioner of education and the president of the Council on Postsecondary Education shall also
provide consultants for the standards and assessments review committees and the advisory panels who
are business and industry professionals actively engaged in career fields that depend on the various
content areas.
(f) 1. The standards and assessments process review committee is hereby established and shall be
composed of the commissioner of education or designee as a nonvoting member and nine (9)
voting representatives of public schools, of whom at least two (2) shall be parents of public
school students, appointed by the Governor and confirmed by the Senate in accordance with
KRS 11.160 as follows:
a. One (1) language arts teacher;
b. One (1) math teacher;
c. One (1) science teacher;
d. One (1) social studies teacher;
e. Two (2) school principals;
f. Two (2) school superintendents; and
g. One (1) school board member.
2. On making appointments to the committee, the Governor shall ensure broad geographical urban
and rural representation and representation of elementary, middle, and high school levels; ensure
equal representation of the two (2) sexes, inasmuch as possible; and ensure that appointments
reflect the minority racial composition of the Commonwealth.
3. The review of the committee shall be limited to the procedural aspects of the review process
undertaken prior to its consideration.
4. Notwithstanding KRS 12.028, the committee shall not be subject to reorganization by the
Governor.
(g) 1. The review process implemented under this subsection shall be an open, transparent process that
allows all Kentuckians an opportunity to participate. The department shall ensure the public's
assistance in reviewing and suggesting changes to the standards and alignment adjustments to
corresponding state assessments by establishing a Web site dedicated to collecting comments by
the public and educators. An independent third party, which has no prior or current affiliation
with a curriculum or assessment resources vendor, shall be selected by the department to collect
and transmit the comments to the department for dissemination to the appropriate advisory panel
for review and consideration.
2. Each advisory panel shall review the standards and assessments for its assigned subject matter
and grade level and the suggestions made by the public and educators. After completing its
review, each advisory panel shall make recommendations for changes to the standards and CHAPTER 196
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alignment adjustments for assessments to the appropriate standards and assessments review
committee.
3. Each standards and assessments review committee shall review the findings and make
recommendations to revise or replace existing standards and to adjust alignment of assessments.
4. The recommendations shall be published on the Web site established in this subsection for the
purpose of gathering additional feedback from the public. The commissioner shall subsequently
present the recommendations and the public feedback to the Interim Joint Committee on
Education.
5. The commissioner shall subsequently provide a report to the standards and assessments process
review committee summarizing the process conducted under this subsection and the resulting
recommendations. The report shall include but not be limited to the timeline of the review
process, public feedback, and responses from the Interim Joint Committee on Education.
6. After receiving the commissioner's report, the standards and assessments process review
committee shall either concur that stakeholders have had adequate opportunity to provide input
on standards and the corresponding alignment of state assessments or find the input process
deficient. If the process is found deficient, the recommendations may be returned to the
appropriate standards and assessments review committee for review as described in subparagraph
3. of this paragraph. If the process is found sufficient, the recommendations shall be forwarded
without amendment to the Kentucky Board of Education.
(h) The Kentucky Board of Education shall promulgate administrative regulations in accordance with KRS
Chapter 13A as may be needed for the administration of the review process, including staggering the
timing and sequence of the review process by subject area and remuneration of the review committees
and advisory panels described in paragraphs (c) and (d) of this subsection.
(i) 1. The Kentucky Board of Education shall consider for approval the revisions to academic
standards for a content area and the alignment of the corresponding state assessment once
recommendations are received from the standards and assessments process review committee.
Existing state academic standards shall remain in place until the board approves new standards.
2. Any revision to, or replacement of, the academic standards and assessments as a result of the
review process conducted under this subsection shall be implemented in Kentucky public schools
no later than the second academic year following the review process. Existing academic
standards shall be used until new standards are implemented.
3. The Department of Education shall disseminate the academic content standards to the schools
and teacher preparation programs.
(j) The Department of Education shall provide or facilitate statewide training sessions for existing teachers
and administrators on how to:
1. Integrate the revised content standards into classroom instruction;
2. Better integrate performance assessment of students within their instructional practices; and
3. Help all students use higher-order thinking and communication skills.
(k) The Education Professional Standards Board in cooperation with the Kentucky Board of Education and
the Council on Postsecondary Education shall coordinate information and training sessions for faculty
and staff in all of the teacher preparation programs in the use of the revised academic content standards.
The Education Professional Standards Board shall ensure that each teacher preparation program
includes use of the academic standards in the pre-service education programs and that all teacher interns
will have experience planning classroom instruction based on the revised standards.
(l) The Council on Postsecondary Education in cooperation with the Kentucky Department of Education
and the postsecondary education institutions in the state shall coordinate information sessions regarding
the academic content standards for faculty who teach in the various content areas.
(3) (a) The Kentucky Board of Education shall be responsible for creating and implementing a balanced
statewide assessment program that measures the students', schools', and districts' achievement of the ACTS OF THE GENERAL ASSEMBLY 10
goals set forth in KRS 158.645 and 158.6451, to ensure compliance with the federal Every Student
Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, and to ensure school accountability.
(b) The board shall revise the annual statewide assessment program as needed in accordance with revised
academic standards and corresponding assessment alignment adjustments approved by the board under
subsection (2) of this section.
(c) The statewide assessments shall not include any academic standards not approved by the board under
subsection (2) of this section.
(d) The board shall seek the advice of the Office of Education Accountability; the School Curriculum,
Assessment, and Accountability Council; the Education Assessment and Accountability Review
Subcommittee, and the department's technical advisory committee in the development of the assessment
program. The statewide assessment program shall not include measurement of a student's ability to
become a self-sufficient individual or to become a responsible member of a family, work group, or
community.
(4) (a) The academic components of the statewide assessment program shall be composed of annual student
summative tests, which may include a combination of multiple competency-based assessment and
performance measures approved by the Kentucky Board of Education.
(b) The annual student summative tests shall:
1. Measure individual student achievement in language, reading, English, mathematics, science,
and social studies at designated grades;
2. Provide teachers and parents a valid and reliable comprehensive analysis of skills mastered by
individual students;
3. Provide diagnostic information that identifies strengths and academic deficiencies of individual
students in the content areas;
4. Provide information to teachers that can enable them to improve instruction for current and
future students;
5. Provide longitudinal profiles for students; and
6. Ensure school and district accountability for student achievement of the goals set forth in KRS
158.645 and 158.6451, except the statewide assessment program shall not include measurement
of a student's ability to become a self-sufficient individual or to become a responsible member of
a family, work group, or community.
(5) The state student assessments shall include the following components:
(a) Elementary and middle grades requirements are:
1. A criterion-referenced test each in mathematics and reading in grades three (3) through eight (8)
that is valid and reliable for an individual student and that measures the depth and breadth of
Kentucky's academic content standards;
2. A criterion-referenced test each in science and social studies that is valid and reliable for an
individual student as necessary to measure the depth and breadth of Kentucky's academic content
standards to be administered one (1) time within the elementary and middle grades, respectively;
3. An on-demand assessment of student writing to be administered one (1) time within the
elementary grades and one (1) time within the middle grades; and
4. An editing and mechanics test relating to writing, using multiple choice and constructed response
items, to be administered one (1) time within the elementary and the middle grades, respectively;
(b) High school requirements are:
1. A criterion-referenced test in mathematics, reading, and science that is valid and reliable for an
individual student and that measures the depth and breadth of Kentucky's academic content
standards to be administered one (1) time within the high school grades;
2. A criterion-referenced test in social studies that is valid and reliable for an individual student as
necessary to measure the depth and breadth of Kentucky's academic content standards to be
administered one (1) time within the high school grades; CHAPTER 196
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3. An on-demand assessment of student writing to be administered one (1) time within the high
school grades;
4. An editing and mechanics test relating to writing, using multiple choice and constructed response
items, to be administered one (1) time within the high school grades; and
5. A college admissions examination to assess English, reading, mathematics, and science in the
spring of grade ten (10) and the spring of grade eleven (11);
(c) The Kentucky Board of Education shall add any other component necessary to comply with the Every
Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, as determined by the United States
Department of Education;
(d) The criterion-referenced components required in this subsection shall be composed of constructed
response items and multiple choice items;
(e) The Kentucky Board of Education may incorporate end-of-course examinations into the assessment
program to be used in lieu of requirements for criterion-referenced tests required under paragraph (b) of
this subsection; and
(f) The results of the assessment program developed under this subsection shall be used by schools and
districts to determine appropriate instructional modifications for all students in order for students to
make continuous progress, including that needed by advanced learners.
(6) Each school district shall administer the statewide student assessment during the last fourteen (14) days of
school in the district's instructional calendar. The Kentucky Board of Education may change the testing
window to allow for innovative assessment systems or other online test administration and shall promulgate
administrative regulations that minimize the number of days of testing and outline the procedures to be used
during the testing process to ensure test security, including procedures for testing makeup days, and to comply
with federal assessment requirements.
(7) A student enrolled in a district-operated or district-contracted alternative program shall participate in the
appropriate assessments required by this section.
(8) A local school district may select and use commercial interim or formative assessments or develop and use its
own formative assessments to provide data on how well its students are growing toward mastery of Kentucky
academic standards, so long as the district's local school board develops a policy minimizing the reduction in
instructional time related to the administration of the interim assessments. Nothing in this section precludes
teachers from using ongoing teacher-developed formative processes.
(9) Each school that enrolls primary students shall use diagnostic assessments and prompts that measure readiness
in reading and mathematics for its primary students as determined by the school to be developmentally
appropriate. The schools may use commercial products, use products and procedures developed by the district,
or develop their own diagnostic procedures. The results shall be used to inform the teachers and parents or
guardians of each student's skill level.
(10) The state board shall ensure that a technically sound longitudinal comparison of the assessment results for the
same students shall be made available.
(11) The following provisions shall apply to the college admissions examinations described in subsection (5)(b)5.
of this section:
(a) The cost of both college admissions examinations administered to students in high school shall be paid
for by the Kentucky Department of Education. The costs of additional college admissions examinations
shall be the responsibility of the student;
(b) If funds are available, the Kentucky Department of Education shall provide a college admissions
examination preparation program to all public high school juniors. The department may contract for
necessary services; and
(c) Accommodations provided to a student with a disability taking the college admissions assessments
under this subsection shall consist of:
1. Accommodations provided in a manner allowed by the college admissions assessment provider
when results in test scores are reportable to a postsecondary institution for admissions and
placement purposes, except as provided in subparagraph 2. of this paragraph; or ACTS OF THE GENERAL ASSEMBLY 12
2. Accommodations provided in a manner allowed by a student's individualized education program
as defined in KRS 158.281 for a student whose disability precludes valid assessment of his or her
academic abilities using the accommodations provided under subparagraph 1. of this paragraph
when the student's scores are not reportable to a postsecondary institution for admissions and
placement purposes.
(12) Kentucky teachers shall have a significant role in providing feedback about the design of the assessments,
except for the college admissions exams described in subsection (5)(b)5. of this section. The assessments shall
be designed to:
(a) Measure grade appropriate core academic content, basic skills, and higher-order thinking skills and their
application;
(b) Provide valid and reliable scores for schools. If scores are reported for students individually, they shall
be valid and reliable;
(c) Minimize the time spent by teachers and students on assessment; and
(d) Assess Kentucky academic standards only.
(13) The results from assessment under subsections (3) and (5) of this section shall be reported to the school
districts and schools no later than seventy-five (75) days following the last day the assessment can be
administered. Assessment reports provided to the school districts and schools shall include an electronic copy
of an operational subset of test items from each assessment administered to their students and the results for
each of those test items by student and by school.
(14) The Department of Education shall gather information to establish the validity of the assessment and
accountability program. It shall develop a biennial plan for validation studies that shall include but not be
limited to the consistency of student results across multiple measures, the congruence of school scores with
documented improvements in instructional practice and the school learning environment, and the potential for
all scores to yield fair, consistent, and accurate student performance level and school accountability decisions.
Validation activities shall take place in a timely manner and shall include a review of the accuracy of scores
assigned to students and schools, as well as of the testing materials. The plan shall be submitted to the
Commission by July 1 of the first year of each biennium. A summary of the findings shall be submitted to the
Legislative Research Commission by September 1 of the second year of the biennium.
(15) The Department of Education and the state board shall offer optional assistance to local school districts and
schools in developing and using continuous assessment strategies needed to assure student progress. The
continuous assessment shall provide diagnostic information to improve instruction to meet the needs of
individual students.
(16) The Administration Code for Kentucky's Assessment Program shall include prohibitions of inappropriate test
preparation activities by school district employees charged with test administration and oversight, including
but not limited to the issue of teachers being required to do test practice in lieu of regular classroom instruction
and test practice outside the normal work day. The code shall include disciplinary sanctions that may be taken
toward a school or individuals.
(17) The Kentucky Board of Education, after the Department of Education has received advice from the Office of
Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the
department's technical advisory committee, shall promulgate an administrative regulation under KRS Chapter
13A to establish the components of a reporting structure for assessments administered under this section. The
reporting structure shall include the following components:
(a) A school report card that clearly communicates with parents and the public about school performance.
The school report card shall be sent to the parents of the students of the districts, and information on
electronic access to a summary of the results for the district shall be published in the newspaper with
the largest circulation in the county. It shall include but not be limited to the following components
reported by race, gender, and disability when appropriate:
1. Student academic achievement, including the results from each of the assessments administered
under this section;
2. For Advanced Placement, Cambridge Advanced International, and International Baccalaureate,
the courses offered, the number of students enrolled, completing, and taking the examination for
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examinations, a score of "e" or better on Cambridge Advanced International examinations, or a
score of four (4) or better on IB examinations. The data shall be disaggregated by gender, race,
students with disabilities, and economic status;
3. Nonacademic achievement, including the school's attendance, retention, graduation rates, and
student transition to postsecondary;
4. School learning environment, including measures of parental involvement; and
5. Any other school performance data required by the Every Student Succeeds Act of 2015, Pub. L.
No. 114-95, or its successor;
(b) An individual student report to parents for each student in grades three (3) through eight (8)
summarizing the student's skills in reading, science, social studies, and mathematics. The school's staff
shall develop a plan for accelerated learning for any student with identified deficiencies or strengths;
and
(c) A student's highest scores on the college admissions assessments administered under subsection (5)(b)5.
of this section.
(18) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the Kentucky Department of
Education shall implement a comprehensive process for reviewing and revising the academic standards
in visual and performing arts and practical living skills and career studies for all levels and in foreign
language for middle and high schools. The department shall develop review committees for the
standards for each of the content areas that include representation from certified specialist public school
teachers and postsecondary teachers in those subject areas.
(b) The academic standards in practical living skills for elementary, middle, and high school levels shall
include a focus on drug abuse prevention, with an emphasis on the prescription drug epidemic and the
connection between prescription opioid abuse and addiction to other drugs, such as heroin and synthetic
drugs.
(c) The department shall provide to all schools guidelines for programs that incorporate the adopted
academic standards in visual and performing arts and practical living and career studies. The
department shall provide to middle and high schools guidelines for including a foreign language
program. The guidelines shall address program length and time, courses offered, staffing, resources, and
facilities.
(d) The Kentucky Department of Education, in consultation with certified public school teachers of visual
and performing arts, may develop program standards for the visual and performing arts.
(19) The Kentucky Department of Education shall provide to all school districts[schools] guidelines for including
an effective writing program within the curriculum.[ Each school-based decision making council or, if there is
no school council, a committee appointed by the principal, shall adopt policies that determine the writing
program for its school and submit it to the Department of Education for review and comment. The writing
program shall incorporate a variety of language resources, technological tools, and multiple opportunities for
students to develop complex communication skills for a variety of purposes.]
(20) (a) The Kentucky Department of Education, in consultation with the review committees described in
subsection (18) of this section, shall develop a school profile report to be used by all schools to
document how they will address the adopted academic standards in their implementation of the
programs as described in subsection (18) of this section, which may include student opportunities and
experiences in extracurricular activities. The department shall include the essential workplace ethics
program on the school profile report.
(b) By October 1 of each year, each school principal shall complete the school profile report, which shall be
signed by the members of the school council, or the principal if no school council exists, and the
superintendent. The report shall be electronically transmitted to the Kentucky Department of Education,
and the original shall be maintained on file at the local board office and made available to the public
upon request. The department shall include a link to each school's profile report on its Web site.
(c) If a school staff member, student, or a student's parent has concerns regarding deficiencies in a school's
implementation of the programs described in subsection (18) of this section, he or she may submit a
written inquiry to the school council. ACTS OF THE GENERAL ASSEMBLY 14
Section 3. KRS 160.370 is amended to read as follows:
(1) The superintendent shall be the executive agent of the board that appoints him or her and shall meet with the
board, except when his or her own tenure, salary, or the administration of his or her office is under
consideration. As executive officer of the board, the superintendent shall see that the laws relating to the
schools, the bylaws, rules, and regulations of the Kentucky Board of Education, and the regulations and
policies of the district board of education are carried into effect. He or she may administer the oath required by
the board of education to any teacher or other person. He or she shall be the professional adviser of the board
in all matters. He or she shall prepare, under the direction of the board, all rules, regulations, bylaws, and
statements of policy for approval and adoption by the board. He or she shall have general supervision, subject
to the control of the board of education, of the general conduct of the schools, the course of instruction, the
discipline of pupils, and the management of business affairs. He or she shall be responsible for the hiring and
dismissal of all personnel in the district.
(2) For a county school district in a county with a consolidated local government adopted under KRS Chapter
67C:
(a) A local board of education shall:
1. Delegate authority to the superintendent over the district's day-to-day operations and
implementation of the board-approved strategic plan in a manner that promotes the efficient,
timely operation of the district, including but not limited to the authority over contracts related
to daily operations of the district, pupil transportation, personnel matters, and the
organizational structure of administrative staff;
2. Except as expressly required by statute, including subparagraphs 3. and 5. of this paragraph,
not meet more than once every four (4) weeks for the purpose of approving necessary
administrative matters;
3. By December 1 each year, approve a rolling three (3) year strategic plan for the district that
outlines student achievement goals, faculty and staff improvement goals, facility and
infrastructure improvement, and other key objectives that the superintendent and board
believe are in the best interest of student outcomes and the community;
4. Approve an annual budget for the district, which shall include any budgetary decisions
relevant to the district's ability to obtain necessary revenue, including tax revenue, in
accordance with the requirements of state law and regulation;
5. By November 1 each year, oversee:
a. An annual audit of the financial dealings of the district and the reporting of key
financial performance data in order to ensure fair and accurate reporting to the board;
and
b. An annual review of student performance in the district and the reporting of key student
performance data to ensure compliance with state and federal law and accurate
reporting to the board;
6. Recruit and hire the superintendent and negotiate the terms of employment and compensation
of a prospective superintendent;
7. Complete an annual review of the superintendent's performance with regard to the duties
assigned in subsection (1) of this section and paragraph (b) of this subsection; and
8. Be responsible for the dismissal of the superintendent;
(b) Notwithstanding any provision to the contrary in subsection (1) of this section, the superintendent
shall:
1. Provide a quarterly, informational report to the board on the administrative actions taken by
the superintendent to carry out the district's daily operations and implementation of the
strategic plan as well as a budget to actual financial update;
2. Prepare all rules, regulations, bylaws, and statements of policy for approval and adoption by
the board, with approval not to be withheld without a two-thirds (2/3) vote of the board to deny
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3. Supervise the general conduct of the schools, the course of instruction, the discipline of pupils,
the employment matters of all employees and contractors, and the management of business
affairs of the district;
4. Be responsible for the hiring, employment terms, dismissal, and organizational structure of all
personnel in the district in compliance with all laws and in a manner that best serves the
students of the district; and
5. Notwithstanding any law that assigns an administrative duty, responsibility, or authority to a
board of education, or other law to the contrary, be responsible for any administrative duty not
explicitly granted to the board under paragraph (a) of this subsection; and
(c)[(2)] If the[For a county school district in a] county [with a consolidated local government adopted
under KRS Chapter 67C that ]adopts the provisions of the Kentucky Model Procurement Code, the
board shall authorize the superintendent to approve purchases, in accordance with small purchase
procedures adopted by the board, for any contract for which a determination is made that the aggregate
amount of the contract does not exceed two hundred fifty thousand dollars ($250,000)[twenty
thousand dollars ($20,000)]. The board shall authorize the superintendent to approve a line-item
transfer within its annual budget as she or he deems necessary, provided that the aggregate amount
of any individual transfer does not exceed two hundred fifty thousand dollars ($250,000). The
superintendent shall provide a quarterly report to the board on any purchases made under this
subsection.
SECTION 4. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO READ AS FOLLOWS:
(1) A public school or public charter school shall provide instruction and instructional materials that are
aligned with the social studies academic standards adopted in accordance with Section 2 of this Act and
consistent with the following concepts:
(a) All individuals are created equal;
(b) Americans are entitled to equal protection under the law;
(c) An individual deserves to be treated on the basis of the individual's character;
(d) An individual, by virtue of the individual's race or sex, does not bear responsibility for actions
committed by other members of the same race or sex;
(e) The understanding that the institution of slavery and post-Civil War laws enforcing racial
segregation and discrimination were contrary to the fundamental American promise of life, liberty,
and the pursuit of happiness, as expressed in the Declaration of Independence, but that defining
racial disparities solely on the legacy of this institution is destructive to the unification of our nation;
(f) The future of America's success is dependent upon cooperation among all its citizens;
(g) Personal agency and the understanding that, regardless of one's circumstances, an American has the
ability to succeed when he or she is given sufficient opportunity and is committed to seizing that
opportunity through hard work, pursuit of education, and good citizenship; and
(h) The significant value of the American principles of equality, freedom, inalienable rights, respect for
individual rights, liberty, and the consent of the governed.
(2) Nothing in subsection (1) of this section shall be construed to restrict a public school or public charter
school from providing instruction or using instructional materials that include:
(a) The history of an ethnic group, as described in textbooks and instructional materials adopted by a
school district;
(b) The discussion of controversial aspects of history; or
(c) The instruction and instructional materials on the historical oppression of a particular group of
people.
(3) (a) Notwithstanding the every six (6) year schedule set forth in subsection(2)(a) of Section 2 of this Act,
no later than July 1, 2023, the Kentucky Department of Education shall incorporate fundamental
American documents and speeches into the grade-level appropriate middle and high school social
studies academic standards and align corresponding assessments, including but not limited to: ACTS OF THE GENERAL ASSEMBLY 16
1. The Mayflower Compact;
2. The Declaration of Independence;
3. The Constitution of the United States;
4. The Federalist No. 1 (Alexander Hamilton);
5. The Federalist Nos. 10 and 51 (James Madison);
6. The June 8, 1789, speech on amendments to the Constitution of the United States by James
Madison;
7. The first ten (10) amendments to the Constitution of the United States, also known as the Bill
of Rights;
8. The 1796 Farewell Address by George Washington;
9. The United States Supreme Court opinion in Marbury v. Madison, 5 U.S. 137 (1803);
10. The Monroe Doctrine by James Monroe;
11. What to the Slave is the Fourth of July? speech by Frederick Douglass;
12. The United States Supreme Court opinion in Dred Scott v. Sandford, 60 U.S. 393 (1857);
13. Final Emancipation Proclamation by Abraham Lincoln;
14. The Gettysburg Address by Abraham Lincoln;
15. Declaration of Rights of the Women of the United States by Susan B. Anthony, Matilda Joslyn
Gage, and Elizabeth Cady Stanton;
16. The September 18, 1895, Atlanta Exposition Address by Booker T. Washington;
17. Of Booker T. Washington and Others by W.E.B. Du Bois;
18. The United States Supreme Court opinion in Plessy v. Ferguson, 163 U.S. 537 (1896);
19. The August 31, 1910, New Nationalism speech by Theodore Roosevelt;
20. The January 11, 1944, State of the Union Address by Franklin D. Roosevelt;
21. The United States Supreme Court opinions in Brown v. Board of Education of Topeka, 347
U.S. 483 (1954) and Brown v. Board of Education of Topeka, 349 U.S. 294 (1955);
22. Letter from Birmingham Jail by Martin Luther King, Jr.;
23. The August 28, 1963, I Have a Dream speech by Martin Luther King, Jr.; and
24. A Time for Choosing by Ronald Reagan.
(b) This revision shall not delay or otherwise impact the existing schedule as set forth in subsection (2)
of Section 2 of this Act.
Section 5. KRS 161.164 is amended to read as follows:
(1) No employee of the local school district shall take part in the management or activities of any political
campaign for school board.
(2) No candidate for school board shall solicit or accept any political assessment, subscription, contribution, or
service of any employee of the school district.
(3) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether
possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in
appointment to a position as teacher or employee of any district board of education, or an increase in pay or
other advantage in employment in any such position, for the purpose of influencing the vote or political action
of any person.
(4) No teacher or employee of any district board of education shall be appointed or promoted to, or demoted or
dismissed from, any position or in any way favored or discriminated against with respect to employment
because of his political or religious opinions or affiliations or ethnic origin or race or color or sex or age or
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(5) Any instruction or instructional materials on current, controversial topics related to public policy or social
affairs provided to public school or public charter school students, regardless of whether the individual that
provides the instruction is employed by the local school district or public charter school, shall be:
(a) Within the range of knowledge, understanding, age, and maturity of the students receiving the
instruction; and
(b) Relevant, objective, nondiscriminatory, and respectful to the differing perspectives of students.
(6) An employee of a public school district or public charter school shall not violate a student's first
amendment rights by requiring or incentivizing a student to advocate in a civic space on behalf of a
perspective with which the student or the parent or guardian of a minor student does not agree.
(7) An employee of a local school district or public charter school shall not be required to engage in training,
orientation, or therapy that coerces the employee to stereotype any group.
(8) The local superintendent shall inform all school employees of the provisions of this section.
Section 6. (1) Notwithstanding any statute or regulation to the contrary, from the beginning of the 2021-
2022 school year through February 28, 2022, up to 15 sick-leave days used by a school district employee due to the
employee having an active COVID-19 infection documented by a positive COVID-19 test shall be credited to the
employee as unused sick-leave days.
(2) Beginning March 1, 2022, through June 30, 2022, each school district shall grant an employee up to
five days of paid leave due to the employee having an active COVID-19 infection documented by a positive COVID-
19 test. This leave shall be in addition to any other leave provided by statute or board policy. Leave granted pursuant
to this subsection shall not accumulate or carry over beyond the 2021-2022 school year and shall not be transferrable
to any other classification of paid leave established by statute or local school district policy.
Section 7. The provisions of Section 6 of this Act shall be retroactive to March 1, 2022.
Section 8. Sections 4 and 5 of this Act may be cited as the Teaching American Principles Act.
Section 9. Whereas school employees have been negatively impacted by the COVID-19 public health
crisis, and while school employees who were quarantined due to COVID-19 were provided paid leave for that
purpose while school employees with active COVID-19 infections were not afforded that same benefit, an emergency
is declared to exist, and Section 6 of this Act takes effect upon its passage and approval by the Governor or upon its
otherwise becoming a law.
Veto Overridden and Signed by Secretary of State April 13, 2022.