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AN ACT relating to preschool and kindergarten education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 157.3175 is amended to read as follows: 3
(1) Each local school district shall ensure that a free and developmentally appropriate 4
full-day[half-day] preschool education program is provided for each eligible child. 5
(a) An eligible child is a child who is at risk of educational failure and who is 6
three (3) or four (4) years of age [: 7
(a) By October 1, for any year prior to 2017; or 8
(b) ]by August 1[, for 2017 or any year thereafter]. 9
(b) All other three (3) and four (4) year old children shall be served to the extent 10
placements are available. 11
(2) Children who are at risk of educational failure shall be identified: 12
(a) Based on family income below two hundred percent (200%) of the National 13
School Lunch Program eligibility criteria for free lunch; or 14
(b) As having a disability in accordance with the Individuals with Disabilities 15
Education Act, 20 U.S.C. sec. 1400 et seq. 16
(3) The Kentucky Board of Education, upon the recommendation of the chief state 17
school officer, shall adopt administrative regulations establishing the guidelines for 18
the program. Administrative regulations shall establish eligibility criteria, program 19
guidelines, and standards for personnel. 20
(4)[(2)] "Developmentally appropriate preschool program" means a program which 21
focuses on the physical, intellectual, social, and emotional development of young 22
children. The preschool program shall help children with their interpersonal and 23
socialization skills. 24
(5) (a)[(3)] Funds appropriated by the General Assembly for [the ]preschool 25
education programs for eligible children three (3) years of age shall be 26
granted to local school districts according to a grant allotment system 27 UNOFFICIAL COPY 23 RS BR 485
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approved by the Kentucky Board of Education.[ Children who are at risk shall 1
be identified based on the Federal School Lunch Program eligibility criteria 2
for free lunch.] Appropriations shall be separate from all other funds 3
appropriated to the Department of Education and shall be administered in 4
accordance with applicable federal and state statutes and administrative 5
regulations. 6
(b) For the 2023-2024 school year, eligible local school districts shall receive 7
funds based on the average number of preschool children being served on 8
December 1 and March 1 of the prior academic year. 9
(c) For the 2024-2025 school year and subsequent years, eligible local school 10
districts shall receive funds based on the average number of three (3) year 11
old preschool children being served on December 1 and March 1 of the 12
prior academic year[ who are appropriately identified as: 13
(a) Three (3) and four (4) years of age with disabilities; and 14
(b) Four (4) years of age identified as at risk of educational failure]. 15
(6) Eligible four (4) year old children enrolled in a preschool education program 16
shall be included in the average daily attendance of the elementary school 17
providing preschool education for purposes of funding under KRS 157.310 to 18
157.440. 19
(7) Local school districts may develop cooperative arrangements with other school 20
districts or organizations in accordance with KRS 157.280. 21
[(4) A child shall be eligible for a free and appropriate preschool education and related 22
services if: 23
(a) 1. The child has been identified as a child with a disability in accordance 24
with the Individuals with Disabilities Education Act, 20 U.S.C. secs. 25
1400 et seq.; or 26
2. The child has been identified in accordance with the definitions and 27 UNOFFICIAL COPY 23 RS BR 485
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procedures for exceptional children and youth in accordance with KRS 1
157.200(1)(a) to (m); and 2
(b) The child is three (3) or four (4) years of age: 3
1. By October 1, for any year before 2017; or 4
2. By August 1, for 2017 or any year thereafter.] 5
(8)[(5)] The chief state school officer shall receive and review proposals from local 6
school districts for grants to operate or oversee the operation of developmentally 7
appropriate preschool education programs. Districts may submit proposals for 8
implementing new services, enhancing existing preschool education services, or 9
contracting for services. In designing a local early childhood education program, 10
each district shall work with existing preschool programs to avoid duplication of 11
programs and services, to avoid supplanting federal funds, and to maximize Head 12
Start funds in order to serve as many three (3) and four (4) year old children as 13
possible. 14
(9)[(6)] Each program proposal shall include, at a minimum: 15
(a) A description of the process conducted by the district to ensure that the 16
parents or guardians of all eligible participants have been made aware of the 17
program and of their right to participate; 18
(b) A description of the planned educational programming and related services; 19
(c) The estimated number of children participating in the program; 20
(d) Strategies for involving children with disabilities and continuing their 21
education if the disability is resolved; 22
(e) Estimated ratio of staff to children with the maximum being one (1) adult for 23
each ten (10) children; 24
(f) The estimated percentage of children participating in the program who are at 25
risk of educational failure; 26
(g) Information on the training and qualifications of program staff and 27 UNOFFICIAL COPY 23 RS BR 485
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documentation that the staff meet required standards; 1
(h) A budget and per-child expenditure estimate; 2
(i) A plan to facilitate active parental involvement in the preschool program, 3
including provisions for complementary parent education when appropriate; 4
(j) Facilities and equipment which are appropriate for young children; 5
(k) The days of the week and hours of a day during which the program shall 6
operate as specified by the school calendar adopted by the local school 7
board; 8
(l) A plan for coordinating the program with existing medical and social services, 9
including a child development and health screening component; 10
(m) Assurances that participants shall receive breakfast or lunch; 11
(n) Program sites which meet state and local licensure requirements; 12
(o) A plan for coordinating program philosophy and activities with the 13
school[local] district's primary school program; 14
(p) An evaluation component; and 15
(q) A plan for providing transportation services to eligible students[Certification 16
from the local Head Start director that the Head Start program is fully utilized 17
pursuant to subsection (4) of this section]. 18
(7) If the superintendent and local Head Start director are unable to reach an agreement 19
on whether a Head Start program is fully utilized, the superintendent or local Head 20
Start director shall notify the chief state school officer. The local Head Start director 21
shall provide the chief state school officer all information relevant to the utilization 22
of the Head Start program. Within thirty (30) days of notification from the 23
superintendent or local Head Start director, the chief state school officer shall make 24
a determination of whether a Head Start program is fully utilized and may execute 25
the certification required by subsection (6)(q) of this section on behalf of the local 26
Head Start director. 27 UNOFFICIAL COPY 23 RS BR 485
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(8) Programs shall reflect an equitable geographic distribution representative of all 1
areas of the Commonwealth.] 2
Section 2. KRS 158.031 is amended to read as follows: 3
(1) In this section, "primary school program" means that part of the elementary school 4
program in which children are enrolled from the time they begin school, including 5
enrollment in a preschool education program for four (4) year old children, until 6
they are ready to enter the fourth grade. Notwithstanding any statute to the contrary, 7
successful completion of the primary school program shall be a prerequisite for a 8
child's entrance into fourth grade. 9
(2) The Kentucky Board of Education shall establish, by administrative regulation, 10
methods of verifying successful completion of the primary school program in 11
carrying out the goals of education as described in KRS 158.6451. 12
(3) The primary program shall include the following critical attributes: 13
developmentally appropriate educational practices; multiage and multiability 14
classrooms; continuous progress; authentic assessment; qualitative reporting 15
methods; professional teamwork; and positive parent involvement. 16
(4) Each school council or, if none exists, the school shall determine the organization 17
of its ungraded primary program including the extent to which multiage groups are 18
necessary to implement the critical attributes based on the critical attributes and 19
meeting individual student needs. 20
(5) The implementation of the primary program may take into consideration the 21
necessary arrangements required for students attending part-time and will allow for 22
grouping of students attending their first year of school when determined to be 23
developmentally appropriate. 24
(6) A school district may advance a student through the primary program when it is 25
determined that it is in the best educational interest of the student. A student who is 26
at least five (5) years of age, but less than six (6) years of age, and is advanced in 27 UNOFFICIAL COPY 23 RS BR 485
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the primary program may be classified as other than a kindergarten student for 1
purposes of funding under KRS 157.310 to 157.440 if the student is determined to 2
have acquired the academic and social skills taught in kindergarten as determined 3
by local board policy in accordance with the process established by Kentucky 4
Board of Education administrative regulation. 5
(7) Data shall be collected by each school district on the number of students, in each 6
school having a primary program, who take five (5) years to complete the primary 7
program if original enrollment was in kindergarten, or six (6) years to complete 8
the primary program if original enrollment was in a preschool education 9
program for four (4) year old children. The data shall be reported in the annual 10
performance report described in KRS 158.6453. 11
Section 3. KRS 157.320 is amended to read as follows: 12
As used in KRS 157.310 to 157.440, unless the context otherwise requires: 13
(1) "Average daily attendance" means the aggregate days attended by pupils in a public 14
school, adjusted for weather-related low attendance days if applicable, divided by 15
the actual number of days the school is in session, after the five (5) days with the 16
lowest attendance have been deducted. 17
(a) Aggregate days shall include, in addition to the aggregate number of days 18
attended by a pupil who was suspended during a school year, the number of 19
days the pupil was suspended, not to exceed ten (10) days in total for the 20
school year; and 21
(b) Aggregate days shall include, in addition to the aggregate number of days 22
attended by a pupil who was expelled for behavioral problems, the number of 23
days the pupil was expelled up to a total of one hundred seventy-five (175) 24
days. This total may extend into the next school year and shall be counted in 25
the average daily attendance for the next year; 26
(2) "Base funding level" means a guaranteed amount of revenue per pupil to be 27 UNOFFICIAL COPY 23 RS BR 485
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provided for each school district, to be used for regular operating and capital 1
expenditures; 2
(3) "Board" means the board of education of any county or independent school district; 3
(4) "District" means any school district as defined by law; 4
(5) "Elementary school" means a school consisting of the primary school program 5
through grade eight (8) as defined in Section 2 of this Act[KRS 158.030], or any 6
appropriate combination of grades within this range, as determined by the plan of 7
organization for schools authorized by the district board; 8
(6) "Support Education Excellence in Kentucky" means the level of educational 9
services and facilities which is to be provided in each district from the public school 10
fund; 11
(7) ["Kindergarten full-time equivalent pupil in average daily attendance" means each 12
kindergarten pupil counted no more than one-half (1/2) day in the aggregate days 13
attended by kindergarten pupils in a public school divided by the actual number of 14
days school is in session after the five (5) days with the lowest attendance have 15
been deducted. Kindergarten is the entry level of the primary program and shall be 16
provided no less than the equivalent of one-half (1/2) day, five (5) days a week for a 17
full school year for each kindergarten pupil; 18
(8) ]"Public school fund" means the fund created by KRS 157.330 for use in financing 19
education in public elementary and secondary schools; 20
(8)[(9)] "Administrative regulations of the Kentucky Board of Education" means 21
those regulations which the Kentucky Board of Education may adopt upon the 22
recommendation and with the advice of the commissioner of education. The 23
commissioner of education shall recommend administrative regulations necessary 24
for carrying out the purposes of KRS 157.310 to 157.440; 25
(9)[(10)] "Experience" means employment as a teacher, other than as a substitute or 26
nursery school teacher, for a minimum of one hundred forty (140) days during a 27 UNOFFICIAL COPY 23 RS BR 485
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school year in a public or nonpublic elementary or secondary school or college or 1
university that is approved by the public accrediting authority in the state in which 2
the teaching duties were performed. A teacher who is employed by a board for at 3
least one hundred forty (140) days of a school year and who performs teaching 4
duties for the equivalent of at least seventy (70) full school days during that school 5
year, regardless of the schedule on which those duties were performed, shall be 6
credited with one (1) year of experience. A teacher who is employed by a board for 7
at least one hundred forty (140) days during each of two (2) school years and who 8
performs teaching duties for the equivalent of at least seventy (70) full school days 9
during those years shall be credited with one (1) year of experience. No more than 10
one (1) year of experience shall be credited for the performance of teaching duties 11
during a single school year; 12
(10)[(11)] "Secondary school" means a school consisting of grades seven (7) through 13
twelve (12), or any appropriate combination of grades within this range as 14
determined by the plan of organization for schools authorized by the district board. 15
When grades seven (7) through nine (9) or ten (10) are organized separately as a 16
junior high school, or grades ten (10) through twelve (12) are organized separately 17
as a senior high school and are conducted in separate school plant facilities, each 18
shall be considered a separate secondary school for the purposes of KRS 157.310 to 19
157.440; 20
(11)[(12)] "Single salary schedule" means a schedule adopted by a local board from 21
which all teachers are paid for one hundred eighty-five (185) days and is based on 22
training, experience, and such other factors as the Kentucky Board of Education 23
may approve and which does not discriminate between salaries paid elementary and 24
secondary teachers. If the budget bill contains a minimum statewide salary 25
schedule, no teacher shall be paid less than the amount specified in the biennial 26
budget salary schedule for the individual teacher's educational qualifications and 27 UNOFFICIAL COPY 23 RS BR 485
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experience; 1
(12)[(13)] "Teacher" means any regular or special teacher, principal, supervisor, 2
superintendent, assistant superintendent, librarian, director of pupil personnel, or 3
other member of the teaching or professional staff engaged in the service of the 4
public elementary and secondary school for whom certification is required as a 5
condition of employment; 6
(13)[(14)] "Percentage of attendance" means the aggregate days attended by pupils in a 7
public school for the school year divided by the aggregate days' membership of 8
pupils in a public school for the school year; 9
(14)[(15)] "Middle school" means a school consisting of grades five (5) through eight (8) 10
or any appropriate combination of grades as determined by the plan of organization 11
for schools authorized by the district board; 12
(15)[(16)] "National board certification salary supplement" means an annual supplement 13
added for the life of the certificate to the base salary of a teacher who attains 14
national board certification; and 15
(16)[(17)] "Weather-related low attendance day" means a school day on which the 16
district's attendance falls below the average daily attendance for the prior year due 17
to inclement weather. The district shall submit a request to substitute the prior 18
year's average daily attendance for its attendance on up to ten (10) designated days, 19
along with documentation that the low attendance was due to inclement weather, 20
for approval by the commissioner of education in accordance with Kentucky Board 21
of Education administrative regulations. 22
Section 4. KRS 157.360 is amended to read as follows: 23
(1) (a) In determining the cost of the program to support education excellence in 24
Kentucky, the statewide guaranteed base funding level, as defined in KRS 25
157.320, shall be computed by dividing the amount appropriated for this 26
purpose by the prior year's statewide average daily attendance. 27 UNOFFICIAL COPY 23 RS BR 485
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(b) When determining the biennial appropriations for the program, the average 1
daily attendance for each fiscal year shall include an estimate of the number 2
of students graduating early under the provisions of KRS 158.142. 3
(2) Each district shall receive an amount equal to the base funding level for each pupil 4
in average daily attendance in the district in the previous year, except a district shall 5
receive an amount equal to one-half (1/2) of the state portion of the average 6
statewide per pupil guaranteed base funding level for each student who graduated 7
early under the provisions of KRS 158.142. Each district's base funding level shall 8
be adjusted by the following factors: 9
(a) The number of at-risk students in the district. At-risk students shall be 10
identified as those approved for the free lunch program under state and federal 11
guidelines. The number of at-risk students shall be multiplied by a factor to be 12
established by the General Assembly. Funds generated under this paragraph 13
may be used to pay for: 14
1. Alternative programs for students who are at risk of dropping out of 15
school before achieving a diploma; and 16
2. A hazardous duty pay supplement as determined by the local board of 17
education to the teachers who work in alternative programs with 18
students who are violent or assaultive; 19
(b) The number and types of exceptional children in the district as defined by 20
KRS 157.200. Specific weights for each category of exceptionality shall be 21
used in the calculation of the add-on factor for exceptional children;[ and] 22
(c) The number of eligible four (4) year old children enrolled in a preschool 23
education program. The number of eligible four (4) year old children shall 24
be multiplied by a factor to be established by the General Assembly; and 25
(d) Transportation costs. The per-pupil cost of transportation shall be calculated 26
as provided by KRS 157.370. Districts which contract to furnish 27 UNOFFICIAL COPY 23 RS BR 485
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transportation to students attending nonpublic schools may adopt any payment 1
formula which ensures that no public school funds are used for the 2
transportation of nonpublic students. 3
(3) [Beginning with the 2015-2016 school year and each year thereafter, ]The General 4
Assembly shall annually allocate funds equal to one-half (1/2) of the state portion 5
of the average statewide per pupil guaranteed base funding level for each student 6
who graduated early under the provisions of KRS 158.142 the previous school year 7
to the Kentucky Higher Education Assistance Authority for deposit in the early 8
graduation scholarship trust fund. 9
(4) The program to support education excellence in Kentucky shall be fully 10
implemented by the 1994-95 school year. 11
(5) (a) Except for those schools which have implemented school-based decision 12
making, the commissioner of education shall enforce maximum class sizes for 13
every academic course requirement in all grades except in vocal and 14
instrumental music, and physical education classes. Except as provided in 15
subsection (6) of this section, the maximum number of pupils enrolled in a 16
class shall be as follows: 17
1. Twenty-four (24) in primary grades (kindergarten through third grade); 18
2. Twenty-eight (28) in grade four (4); 19
3. Twenty-nine (29) in grades five (5) and six (6); 20
4. Thirty-one (31) in grades seven (7) to twelve (12). 21
(b) Except for those schools which have implemented school-based decision 22
making, class size loads for middle and secondary school classroom teachers 23
shall not exceed the equivalent of one hundred fifty (150) pupil hours per day. 24
(c) The commissioner of education, upon approval of the Kentucky Board of 25
Education, shall adopt administrative regulations for enforcing this provision. 26
These administrative regulations shall include procedures for a superintendent 27 UNOFFICIAL COPY 23 RS BR 485
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to request an exemption from the Kentucky Board of Education when unusual 1
circumstances warrant an increased class size for an individual class. A 2
request for an exemption shall include specific reasons for the increased class 3
size with a plan for reducing the class size prior to the beginning of the next 4
school year. A district shall not receive in any one (1) year exemptions for 5
more classes than enroll twenty percent (20%) of the pupils in the primary 6
grades and grades four (4) through eight (8). 7
(d) In all schools the commissioner of education shall enforce the special 8
education maximum class sizes set by administrative regulations adopted by 9
the Kentucky Board of Education. A superintendent may request an 10
exemption pursuant to paragraph (c) of this subsection. A local school council 11
may request a waiver pursuant to KRS 156.160(2). An exemption or waiver 12
shall not be granted if the increased class size will impede any exceptional 13
child from achieving his or her individual education program in the least 14
restrictive environment. 15
(6) In grades four (4) through six (6) with combined grades, the maximum class size 16
shall be the average daily attendance upon which funding is appropriated for the 17
lowest assigned grade in the class. There shall be no exceptions to the maximum 18
class size for combined classes. In combined classes other than the primary grades, 19
no ungraded students shall be placed in a combined class with graded students. In 20
addition, there shall be no more than two (2) consecutive grade levels combined in 21
any one (1) class in grades four (4) through six (6). However, this shall not apply to 22
schools which have implemented school-based decision making. 23
(7) If a local school district, through its admission and release committee, determines 24
that an appropriate program in the least restrictive environment for a particular child 25
with a disability includes either part-time or full-time enrollment with a private 26
school or agency within the state or a public or private agency in another state, the 27 UNOFFICIAL COPY 23 RS BR 485
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school district shall count as average daily attendance in a public school the time 1
that the child is in attendance at the school or agency, contingent upon approval by 2
the commissioner of education. 3
(8) Pupils attending a center for child learning and study established under an 4
agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose of calculating 5
average daily attendance, be considered as in attendance in the school district in 6
which the child legally resides and which is party to the agreement. For purposes of 7
subsection (1) of this section, teachers who are actually employees of the joint or 8
cooperative action shall be considered as employees of each school district which is 9
a party to the agreement. 10
(9) Program funding shall be increased when the average daily attendance in any 11
district for the first two (2) months of the current school year is greater than the 12
average daily attendance of the district for the first two (2) months of the previous 13
school year. The program funds allotted the district shall be increased by the 14
percent of increase.[ The average daily attendance in kindergarten is the 15
kindergarten full-time equivalent pupils in average daily attendance.] 16
(10) If the average daily attendance for the current school year in any district decreases 17
by ten percent (10%) or more than the average daily attendance for the previous 18
school year, the average daily attendance for purposes of calculating program 19
funding for the next school year shall be increased by an amount equal to two-thirds 20
(2/3) of the decrease in average daily attendance. If the average daily attendance 21
remains the same or decreases in the succeeding school year, the average daily 22
attendance for purposes of calculating program funding for the following school 23
year shall be increased by an amount equal to one-third (1/3) of the decrease for the 24
first year of the decline. 25
(11) If the percentage of attendance of any school district shall have been reduced more 26
than two percent (2%) during the previous school year, the program funding 27 UNOFFICIAL COPY 23 RS BR 485
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allotted the district for the current school year shall be increased by the difference in 1
the percentage of attendance for the two (2) years immediately prior to the current 2
school year less two percent (2%). 3
(12) (a) Instructional salaries for vocational agriculture classes shall be for twelve (12) 4
months per year. Vocational agriculture teachers shall be responsible for the 5
following program of instruction during the time period beyond the regular 6
school term established by the local board of education: supervision and 7
instruction of students in agriculture experience programs; group and 8
individual instruction of farmers and agribusinessmen; supervision of student 9
members of agricultural organizations who are involved in leadership training 10
or other activity required by state or federal law; or any program of vocational 11
agriculture established by the Department of Education. During extended 12
employment, no vocational agriculture teacher shall receive salary on a day 13
that the teacher is scheduled to attend an institution of higher education class 14
which could be credited toward meeting any certification requirement. 15
(b) Each teacher of agriculture employed shall submit an annual plan for summer 16
program to the local school superintendent for approval. The summer plan 17
shall include a list of tasks to be performed, purposes for each task, and time 18
to be spent on each task. Approval by the local school superintendent shall be 19
in compliance with the guidelines developed by the Department of Education. 20
The supervision and accountability of teachers of vocational agriculture's 21
summer programs shall be the responsibility of the local school 22
superintendent. The local school superintendent shall submit to the 23
commissioner of education a completed report of summer tasks for each 24
vocational agriculture teacher. Twenty percent (20%) of the approved 25
vocational agriculture programs shall be audited annually by the State 26
Department of Education to determine that the summer plan has been properly 27 UNOFFICIAL COPY 23 RS BR 485
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executed. 1
(13) (a) In allotting program funds for home and hospital instruction, statewide 2
guaranteed base funding, excluding the capital outlay, shall be allotted for 3
each child in average daily attendance in the prior school year who has been 4
properly identified according to Kentucky Board of Education administrative 5
regulations. Attendance shall be calculated pursuant to KRS 6
158.033[157.270] and shall be reported monthly on forms provided by the 7
Department of Education; and 8
(b) Pursuant to administrative regulations of the Kentucky Board of Education, 9
local school districts shall be reimbursed for home and hospital instruction for 10
pupils unable to attend regular school sessions because of short-term health 11
impairments. A reimbursement formula shall be established by administrative 12
regulations to include such factors as a reasonable per hour, per child 13
allotment for teacher instructional time, with a maximum number of funded 14
hours per week, a reasonable allotment for teaching supplies and equipment, 15
and a reasonable allotment for travel expenses to and from instructional 16
assignments, but the formula shall not include an allotment for capital outlay. 17
Attendance shall be calculated pursuant to KRS 158.033[157.270] and shall 18
be reported annually on forms provided by the Department of Education. 19
(14) Except for those schools which have implemented school-based decision making 20
and the school council has voted to waive this subsection, kindergarten aides shall 21
be provided for each twenty-four (24) [full-time equivalent ]kindergarten students 22
enrolled. 23
(15) [Effective July 1, 2001, ]There shall be no deduction applied against the base 24
funding level for any pupil in average daily attendance who spends a portion of his 25
or her school day in a program at a state-operated career and technical education or 26
vocational facility. 27 UNOFFICIAL COPY 23 RS BR 485
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(16) During a fiscal year, a school district may request that the Department of Education 1
recalculate its funds allocated under this section if the current year average daily 2
attendance for the twenty (20) day school month as defined in KRS 158.060(1) that 3
contains the most days within the calendar month of January exceeds the prior year 4
adjusted average daily attendance plus growth by at least one percent (1%). Any 5
adjustments in the allotments approved under this subsection shall be proportional 6
to the remaining days in the school year and subject to available funds under the 7
program to support education excellence in Kentucky. 8
(17) To calculate the state portion of the program to support education excellence in 9
Kentucky for a school district, the Department of Education shall subtract the local 10
effort required under KRS 157.390(5) from the calculated base funding under the 11
program to support education excellence in Kentucky, as required by this section. 12
The value of the real estate used in this calculation shall be the lesser of the current 13
year assessment or the prior year assessment increased by four percent (4%) plus 14
the value of current year new property. The calculation under this subsection shall 15
be subject to available funds. 16
(18) Notwithstanding any other statute or budget of the Commonwealth language to the 17
contrary, time missed due to shortening days for emergencies may be made up by 18
lengthening school days in the school calendar without any loss of funds under the 19
program to support education excellence in Kentucky. 20
Section 5. KRS 158.030 is amended to read as follows: 21
(1) "Common school" means an elementary or secondary school of the state supported 22
in whole or in part by public taxation. No school shall be deemed a "common 23
school" or receive support from public taxation unless the school is taught by a 24
certified teacher for a minimum school term as defined by KRS 158.070 and every 25
child residing in the district who satisfies the age requirements of this section has 26
had the privilege of attending it. Provided, however, that:[ any child who is six (6) 27 UNOFFICIAL COPY 23 RS BR 485
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years of age, or who may become six (6) years of age by October 1, shall attend 1
public school or qualify for an exemption as provided by KRS 159.030. Any child 2
who is five (5) years of age, or who may become five (5) years of age by October 1, 3
may enter a primary school program, as defined in KRS 158.031, and may advance 4
through the primary program without regard to age in accordance with KRS 5
158.031(6). 6
(2) Beginning with the 2017-2018 school year, ] 7
(a) Any child who is six (6) years of age, or who may become six (6) years of age 8
by August 1, shall attend public school or qualify for an exemption as 9
provided by KRS 159.030;[.] 10
(b) Any child who is five (5) years of age, or who may become five (5) years of 11
age by August 1, may enter a primary school program, as defined in KRS 12
158.031, and may advance through the primary program without regard to age 13
in accordance with KRS 158.031(6); and 14
(c) Any eligible child as described in Section 1 of this Act who is four (4) years 15
of age may enter a preschool education program for four (4) year old 16
children. 17
(2)[(3)] Each local school board shall adopt a policy to permit a parent or guardian to 18
petition the board to allow a student to attend public school who does not meet the 19
[age ]requirements of subsection (1)[ or (2)] of this section. The policy shall include 20
an evaluation process that will help determine a student's readiness for school and 21
shall ensure that any tuition amount charged under this policy is the same amount 22
charged to a student who meets the [age ]requirements of subsection (1)[ or (2)] of 23
this section. Students enrolled under this policy shall be included in a school's 24
average daily attendance for purposes of funding as provided in KRS 157.310 to 25
157.440. 26
Section 6. KRS 158.060 is amended to read as follows: 27 UNOFFICIAL COPY 23 RS BR 485
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(1) Twenty (20) school days, or days in which teachers are actually employed in the 1
schoolroom, shall constitute a school month in the common schools. 2
(2) Each full-time teacher shall be provided with a duty-free lunch period each day 3
during the regularly scheduled student lunch period. The duty-free lunch period 4
shall be not less than the length of the lunch period specified in the school calendar 5
approved by the chief state school officer. A full-time teacher may be assigned to 6
lunch room duty during the regularly scheduled student lunch period only for an 7
amount of time equal to the noninstructional time in excess of fifty-five (55) 8
minutes included in the teacher's daily schedule. The calculation of noninstructional 9
time shall not include the teacher's duty-free lunch period, the time teachers are 10
required to be at school prior to the start of the student's instructional day, or the 11
time teachers are required to remain at school after the students are dismissed. 12
(3) Except for children with disabilities and children attending the primary school 13
program who may attend a program of less than six (6) hours per day under policy 14
adopted by the local school district board of education and approved by the 15
commissioner of education and children attending a school district where the local 16
board has approved a schedule that provides at least the equivalent of six (6) hours 17
of daily instruction during the school year, a minimum of six (6) hours of actual 18
school work shall constitute a school day. [Kindergarten programs may be operated 19
for less than six (6) hours without state board approval. ]The Kentucky Board of 20
Education, upon recommendation of the chief state school officer, shall develop and 21
approve regulations governing make up by school districts of whole days missed 22
due to emergencies, or partial days missed as a result of shortening regularly 23
scheduled school days due to emergencies. 24
(4) Teachers shall be provided additional time for nonteaching activities. The 25
nonteaching time shall be used to provide teachers opportunities for professional 26
development activities as provided in KRS 156.095, instructional planning, school-27 UNOFFICIAL COPY 23 RS BR 485
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based decision making as provided in KRS 160.345, curriculum development, and 1
outreach activities involving their students' families and the community. 2
(5) Character education programs and activities shall be considered valuable and 3
legitimate components of the actual school work constituting a school day under 4
subsection (3) of this section. 5