Kentucky 2023 2023 Regular Session

Kentucky House Bill HB421 Introduced / Bill

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AN ACT relating to public schools and declaring an emergency. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 160.160 is amended to read as follows: 3 
(1) Each school district shall be under the management and control of a board of 4 
education consisting of five (5) members, except in counties containing a city of the 5 
first class wherein a merger pursuant to KRS 160.041 shall have been accomplished 6 
which shall have seven (7) members elected from the divisions and in the manner 7 
prescribed by KRS 160.210(5), to be known as the "Board of Education of ...., 8 
Kentucky." Each board of education shall be a body politic and corporate with 9 
perpetual succession. It may sue and be sued; make contracts; expend funds 10 
necessary for liability insurance premiums and for the defense of any civil action 11 
brought against an individual board member in his official or individual capacity, or 12 
both, on account of an act made in the scope and course of his performance of legal 13 
duties as a board member; purchase, receive, hold, and sell property; issue its bonds 14 
to build and construct improvements; and do all things necessary to accomplish the 15 
purposes for which it is created. Each board of education shall elect a chairman and 16 
vice chairman from its membership in a manner and for a term prescribed by the 17 
board not to exceed two (2) years. 18 
(2) No board of education shall participate in any financing of school buildings, school 19 
improvements, appurtenances thereto, or furnishing and equipment, including 20 
education technology equipment without: 21 
(a) First establishing the cost of the project in advance of financing, based on the 22 
receipt of advertised, public, and competitive bids for such project, in 23 
accordance with KRS Chapter 424; and 24 
(b) Establishing the cost of financing in advance of the sale of any bonds, 25 
certificates of participation in any leases, or other evidences of financial 26 
commitments issued by or on behalf of such board. Any bonds, leases, 27  UNOFFICIAL COPY  	23 RS BR 325 
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participations, or other financial arrangements shall not involve a final 1 
commitment of the board until the purchaser or lender involved shall have 2 
been determined by public advertising in accordance with KRS Chapter 424. 3 
(3) No board of education shall make a mortgage, lien, or other encumbrance upon any 4 
school building owned by the board, or transfer title to any such school building as 5 
part of any financing arrangement, without the specific approval of the Department 6 
of Education, and without the transaction being entered into pursuant to a detailed 7 
plan or procedure specifically authorized by Kentucky statute. 8 
(4) Without the approval of the Department of Education, no board may lease, as 9 
lessee, a building or public facility that has been or is to be financed at the request 10 
of the board or on its behalf through the issuance of bonds by another public body 11 
or by a nonprofit corporation serving as an agency and instrumentality of the board, 12 
or by a leasing corporation. Any lease, participation, or other financial arrangement 13 
shall not involve a final commitment of the board unless and until the purchaser or 14 
lender involved in same shall have been determined by public advertising in 15 
accordance with KRS Chapter 424. No transaction shall be entered into by the 16 
board except upon the basis of public advertising and competitive bidding in 17 
accordance with KRS Chapter 424. 18 
(5) Rental payments due by a board under a lease approved by the Department of 19 
Education in accordance with subsection (4) of this section shall be due and payable 20 
not less than ten (10) days prior to the interest due date for the bonds, notes, or 21 
other debt obligations issued to finance the building or public facility. If a board 22 
fails to make a rental payment when due under a lease, upon notification to the 23 
Department of Education by the paying agent, bond registrar, or trustee for the 24 
bonds not less than three (3) days prior to the interest due date, the Department of 25 
Education shall withhold or intercept any funds then due the board to the extent of 26 
the amount of the required payment on the bonds and remit the amount to the 27  UNOFFICIAL COPY  	23 RS BR 325 
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paying agent, bond registrar, or trustee as appropriate. Thereafter, the Department 1 
of Education shall resolve the matter with the board and adjust remittances to the 2 
board to the extent of the amount paid by the Department of Education on the 3 
board's behalf. 4 
(6) Bonds, notes or leases negotiated to provide education technology shall not be sold 5 
for longer than seven (7) years or the useful life of the equipment as established by 6 
the state technology master plan, whichever is less. 7 
(7) In the course of developing school district property, for the purpose of ensuring 8 
the public's access to public education services at that property, a board may 9 
enter into an agreement with the Transportation Cabinet or other governmental 10 
agency to provide for the construction of road improvements on adjoining public 11 
lands with district funds to be reimbursed by the cabinet. The Transportation 12 
Cabinet shall establish procedures for receiving and processing applications for 13 
reimbursement and delivering reimbursement within ninety (90) calendar days of 14 
the application. A board may also use its funds to ensure adequate connection 15 
and maintenance of the district property to those improvements. 16 
Section 2.   KRS 45A.352 is amended to read as follows: 17 
(1) A local public agency may enter into a guaranteed energy savings contract for 18 
innovative solutions for energy conservation measures. The local public agency 19 
shall submit a request for proposals. The request for proposals for competitive 20 
procurement of guaranteed energy savings contracts shall include the following: 21 
(a) The name and address of the governmental unit; 22 
(b) The name, address, title, and phone number of a contact person; 23 
(c) Notice indicating that the local public agency is requesting qualified providers 24 
to propose energy conservation measures through a guaranteed energy savings 25 
contract; 26 
(d) The following evaluation criteria for assessing the proposals: 27  UNOFFICIAL COPY  	23 RS BR 325 
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1. Construction management capabilities; 1 
2. Technical approach to facilities included; 2 
3. Financial attributes, as defined by total cost of contract and guaranteed 3 
savings and provider's financial strength demonstrating ability to fulfill 4 
the guarantee term; and 5 
4. Provider's capability, personnel, track record, and demonstrated ability 6 
to accomplish the contract; 7 
(e) The date, time, and place where proposals must be received; 8 
(f) Any other stipulations and clarifications the local public agency may require; 9 
and 10 
(g) An overview prepared by the local public agency stating goals or objectives 11 
specific to facility needs to be considered by the qualified providers who are 12 
responding to the request. Detailed scope of construction is not required. 13 
(2) Respondents to the request for proposal shall provide the following: 14 
(a) A detailed list of the proposed energy conservation measures and the 15 
guaranteed savings which shall be supported with calculations. Any 16 
guaranteed energy and operational savings shall be determined by using one 17 
of the measurement and verification methodologies listed in the United States 18 
Department of Energy's "Measurement and Verification Guideline for Federal 19 
Energy Projects" or in the "North American Energy Measurement and 20 
Verification Protocol." If due to existing data limitations or the 21 
nonconformance of specific project characteristics, none of the methods listed 22 
in either the United States Department of Energy's "Measurement and 23 
Verification Guideline for Federal Energy Projects" or in the "North 24 
American Energy Measurement and Verification Protocol" is sufficient for 25 
measuring guaranteed savings, the qualified provider shall develop an 26 
alternate method that is compatible with one (1) of the two (2); 27  UNOFFICIAL COPY  	23 RS BR 325 
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(b) The estimated cost of the proposed energy conservation measures including 1 
engineering, construction, commissioning, measurement and verification, 2 
annual reconciliation statements, and required on-going services; and 3 
(c) Proposed method and costs of financing. 4 
(3) The value for total cost of the contract minus the calculated savings from the energy 5 
conservation measures listed in the qualified provider's proposal, shall be within 6 
fifteen percent (15%) of the value for the total cost of the contract minus the 7 
calculated savings after the final contract has been negotiated. If the difference 8 
between the proposed and the final contract is not within fifteen percent (15%) and 9 
the local public agency and the qualified provider are unable to renegotiate the final 10 
contract to reconcile the difference between the proposed and final contract values, 11 
then the local public agency may: 12 
(a) Stop negotiations with the current qualified provider; and 13 
(b) Select an alternate provider. 14 
(4) The local public agency may, as a component of the request for proposal, solicit and 15 
negotiate additional maintenance services for the affected proposed energy 16 
conservation measures. Additional services shall be subject to budget 17 
appropriations on an annual basis and may be discontinued at any time over the 18 
guarantee period with no negative impact to the guaranteed savings contract. 19 
(5) The local public agency shall utilize the request for proposal process to enter into a 20 
guaranteed energy savings contract. The local public agency may, at its discretion, 21 
utilize a request for qualifications, provided that the local public agency solicits 22 
qualification statements from multiple potentially qualified providers. The local 23 
public agency shall use the qualification statements to select no fewer than two (2) 24 
providers and each provider shall then be subject to the request-for-proposal 25 
requirement provided in subsections (1) to (4) of this section. 26 
(6) The local public agency shall select the provider best qualified to meet its needs. 27  UNOFFICIAL COPY  	23 RS BR 325 
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The local public agency shall provide public notice of the meeting at which it 1 
proposes to award a guaranteed energy savings contract, the name of the parties to 2 
the proposed contract, and the purpose of the contract. The public notice shall be 3 
made at least ten (10) days prior to the meeting. After reviewing the proposals, a 4 
local public agency may enter into a guaranteed energy savings contract with a 5 
qualified provider if it finds that the amount it would spend on the energy 6 
conservation measures recommended in the proposal would not exceed the amount 7 
to be saved in either energy or operational costs plus capital cost avoidance within 8 
the term of the contract from the date of installation, if the recommendations in the 9 
proposal are followed. 10 
(7) The guaranteed energy savings contract shall include a written guarantee of the 11 
qualified provider that either the energy or operational costs savings plus capital 12 
cost avoidance will meet or exceed the costs of the energy conservation measures 13 
within the term of the contract. The qualified provider shall, on an annual basis, 14 
reimburse the local public agency for any shortfall in guaranteed energy savings 15 
projected in the contract. A qualified provider shall provide a sufficient bond to the 16 
local public agency for the installation and the faithful performance of all the 17 
measures included in the contract. The guaranteed energy savings contract may 18 
provide for payments over a period of time, not to exceed the term of the contract. 19 
(8) The qualified provider shall provide the local public agency with an annual 20 
reconciliation statement. The statement shall disclose any shortfalls or surplus 21 
between guaranteed energy and operational savings specified in the guaranteed 22 
energy savings contract and actual energy and operational savings incurred during a 23 
given guarantee year. The guarantee year shall consist of a twelve (12) month term 24 
commencing from the time that the energy conservation measures became fully 25 
operational. The qualified provider shall pay the local public agency any short fall 26 
in the guaranteed energy and operation savings within thirty (30) days after the total 27  UNOFFICIAL COPY  	23 RS BR 325 
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year savings have been determined. If there is a surplus in the actual guaranteed 1 
energy and operational savings in a given year, that surplus savings may be carried 2 
forward and applied against any possible savings shortfall in the following 3 
guarantee year, except that the surplus carried forward is limited to a period not to 4 
exceed one (1) year. If the qualified provider pays the local public agency for a 5 
short fall in energy or operational savings incurred during a given guarantee year 6 
and there is a surplus in energy or operational savings in future guarantee years, the 7 
qualified provider shall bill the local public agency for an amount not to exceed the 8 
amount of the short fall in the given guarantee year. 9 
(9) The use of capital cost avoidance shall be subject to the following restrictions: 10 
(a) The amount expended shall not exceed fifty percent (50%) of the project cost; 11 
and 12 
(b) Capital cost avoidance shall be restricted to payment for permanent equipment 13 
replacement as follows: 14 
1. Storm windows or doors, multiglazed windows or doors, additional 15 
glazing, and reduction in glass area; 16 
2. Replacement of heating, ventilating, or air conditioning major 17 
components or systems; 18 
3. New lighting fixtures where required to achieve Illuminating 19 
Engineering Society of North America (IES) standards, provided the 20 
existing light fixtures shall have been determined to be obsolete and 21 
incapable of achieving IES standards; and 22 
4. Life safety system replacements or upgrades which shall have been 23 
determined to be necessary to conform with existing state and local 24 
codes and standards. 25 
(10) The commissioner of education shall review, and approve or disapprove projects 26 
from local school districts relating to energy conservation measures under a 27  UNOFFICIAL COPY  	23 RS BR 325 
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guaranteed energy savings contract, on the basis of the following guidelines: 1 
(a) The project design's compliance with technical, health, and safety standards as 2 
required by administrative regulation; 3 
(b) The availability of general funds, capital outlay allotments under KRS 4 
157.420 or local and state funds from the Facilities Support Program of 5 
Kentucky as provided by KRS 157.440, for projects that will use capital cost 6 
avoidance; 7 
(c) The appropriate use of capital outlay allotments under KRS 157.420, local 8 
and state funds from the Facilities Support Program of Kentucky as provided 9 
by KRS 157.440, for projects using capital cost avoidance, based on the 10 
project's compliance with the district's approved facility plan; 11 
(d) The funding capability of the school district; and 12 
(e) The financing mechanism and proper financing documentation. 13 
(11) The request for proposal as provided in subsections (1) to (4) of this section shall be 14 
deemed to satisfy the requirements set out in KRS 162.070, and shall not be subject 15 
to an award determination based on the lowest competitive bid or a separate bidding 16 
process for each energy conservation measure listed in the proposal. 17 
(12) A guaranteed energy savings contract that does not involve construction or the 18 
installation of physical improvements shall not require the approval of the 19 
commissioner of education and shall not be subject to other requirements of this 20 
section. 21 
(13) The provisions of this section to the contrary notwithstanding, a local school 22 
district may submit a request for proposals for competitive procurement of 23 
guaranteed energy savings contracts based on the decommissioning and sale or 24 
transfer of inefficient district buildings and property and the construction, 25 
renovation, or modification of new, energy-efficient district buildings and 26 
properties. 27  UNOFFICIAL COPY  	23 RS BR 325 
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Section 3.   KRS 156.095 is amended to read as follows: 1 
(1) The Kentucky Department of Education shall establish, direct, and maintain a 2 
statewide program of professional development to improve instruction in the public 3 
schools. 4 
(2) Each local school district superintendent shall appoint a certified school employee 5 
to fulfill the role and responsibilities of a professional development coordinator 6 
who shall disseminate professional development information to schools and 7 
personnel. Upon request by a school council or any employees of the district, the 8 
coordinator shall provide technical assistance to the council or the personnel that 9 
may include assisting with needs assessments, analyzing school data, planning and 10 
evaluation assistance, organizing districtwide programs requested by school 11 
councils or groups of teachers, or other coordination activities. 12 
(a) The manner of appointment, qualifications, and other duties of the 13 
professional development coordinator shall be established by Kentucky Board 14 
of Education through promulgation of administrative regulations. 15 
(b) The local district professional development coordinator shall participate in the 16 
Kentucky Department of Education annual training program for local school 17 
district professional development coordinators. The training program may 18 
include, but not be limited to, the demonstration of various approaches to 19 
needs assessment and planning; strategies for implementing long-term, 20 
school-based professional development; strategies for strengthening teachers' 21 
roles in the planning, development, and evaluation of professional 22 
development; and demonstrations of model professional development 23 
programs. The training shall include information about teacher learning 24 
opportunities relating to the core content standards. The Kentucky Department 25 
of Education shall regularly collect and distribute this information. 26 
(3) The Kentucky Department of Education shall provide or facilitate optional, 27  UNOFFICIAL COPY  	23 RS BR 325 
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professional development programs for certified personnel throughout the 1 
Commonwealth that are based on the statewide needs of teachers, administrators, 2 
and other education personnel. Programs may include classified staff and parents 3 
when appropriate. Programs offered or facilitated by the department shall be at 4 
locations and times convenient to local school personnel and shall be made 5 
accessible through the use of technology when appropriate. They shall include 6 
programs that: address the goals for Kentucky schools as stated in KRS 158.6451, 7 
including reducing the achievement gaps as determined by an equity analysis of the 8 
disaggregated student performance data from the state assessment program 9 
developed under KRS 158.6453; engage educators in effective learning processes 10 
and foster collegiality and collaboration; and provide support for staff to 11 
incorporate newly acquired skills into their work through practicing the skills, 12 
gathering information about the results, and reflecting on their efforts. Professional 13 
development programs shall be made available to teachers based on their needs 14 
which shall include but not be limited to the following areas: 15 
(a) Strategies to reduce the achievement gaps among various groups of students 16 
and to provide continuous progress; 17 
(b) Curriculum content and methods of instruction for each content area, 18 
including differentiated instruction; 19 
(c) School-based decision making; 20 
(d) Assessment literacy; 21 
(e) Integration of performance-based student assessment into daily classroom 22 
instruction; 23 
(f) Nongraded primary programs; 24 
(g) Research-based instructional practices; 25 
(h) Instructional uses of technology; 26 
(i) Curriculum design to serve the needs of students with diverse learning styles 27  UNOFFICIAL COPY  	23 RS BR 325 
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and skills and of students of diverse cultures; 1 
(j) Instruction in reading, including phonics, phonemic awareness, 2 
comprehension, fluency, and vocabulary; 3 
(k) Educational leadership; and 4 
(l) Strategies to incorporate character education throughout the curriculum. 5 
(4) The department shall assist school personnel in assessing the impact of professional 6 
development on their instructional practices and student learning. 7 
(5) The department shall assist districts and school councils with the development of 8 
long-term school and district improvement plans that include multiple strategies for 9 
professional development based on the assessment of needs at the school level. 10 
(a) Professional development strategies may include but are not limited to 11 
participation in subject matter academies, teacher networks, training institutes, 12 
workshops, seminars, and study groups; collegial planning; action research; 13 
mentoring programs; appropriate university courses; and other forms of 14 
professional development. 15 
(b) In planning the use of the four (4) days for professional development under 16 
KRS 158.070, school councils and districts shall give priority to programs that 17 
increase teachers' understanding of curriculum content and methods of 18 
instruction appropriate for each content area based on individual school plans. 19 
The district may use up to one (1) day to provide district-wide training and 20 
training that is mandated by state or federal law. Only those employees 21 
identified in the mandate or affected by the mandate shall be required to 22 
attend the training. 23 
(c) State funds allocated for professional development shall be used to support 24 
professional development initiatives that are consistent with local school 25 
improvement and professional development plans and teachers' individual 26 
growth plans. The funds may be used throughout the year for all staff, 27  UNOFFICIAL COPY  	23 RS BR 325 
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including classified and certified staff and parents on school councils or 1 
committees. A portion of the funds allocated to each school council under 2 
KRS 160.345 may be used to prepare or enhance the teachers' knowledge and 3 
teaching practices related to the content and subject matter that are required 4 
for their specific classroom assignments. 5 
(6) (a) By August 1, 2010, the Kentucky Cabinet for Health and Family Services 6 
shall post on its web[Web] page suicide prevention awareness information, to 7 
include recognizing the warning signs of a suicide crisis. The web[Web] page 8 
shall include information related to suicide prevention training opportunities 9 
offered by the cabinet or an agency recognized by the cabinet as a training 10 
provider. 11 
(b) By September 15 of each year, every public school shall provide suicide 12 
prevention awareness information in person, by live streaming, or via a video 13 
recording to all students in grades six (6) through twelve (12). The 14 
information may be obtained from the Cabinet for Health and Family Services 15 
or from a commercially developed suicide prevention training program. 16 
(c) 1. Beginning with the 2018-2019 school year, and every year thereafter, a 17 
minimum of one (1) hour of high-quality suicide prevention training, 18 
including the recognition of signs and symptoms of possible mental 19 
illness, shall be required for all school district employees with job duties 20 
requiring direct contact with students in grades six (6) through twelve 21 
(12). The training shall be provided either in person, by live streaming, 22 
or via a video recording and may be included in the four (4) days of 23 
professional development under KRS 158.070. 24 
2. When a staff member subject to the training under subparagraph 1. of 25 
this paragraph is initially hired during a school year in which the 26 
training is not required, the local district shall provide suicide prevention 27  UNOFFICIAL COPY  	23 RS BR 325 
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materials to the staff member for review. 1 
(d) The requirements of paragraphs (b) and (c) of this subsection shall apply to 2 
public charter schools as a health and safety requirement under KRS 3 
160.1592(1). 4 
(7) (a) By November 1, 2019, and November 1 of each year thereafter, a minimum of 5 
one (1) hour of training on how to respond to an active shooter situation shall 6 
be required for all school district employees with job duties requiring direct 7 
contact with students. The training shall be provided either in person, by live 8 
streaming, or via a video recording prepared by the Kentucky Department of 9 
Criminal Justice Training in collaboration with the Kentucky Law 10 
Enforcement Council, the Kentucky Department of Education, and the Center 11 
for School Safety and may be included in the four (4) days of professional 12 
development under KRS 158.070. 13 
(b) When a staff member subject to the training requirements of this subsection is 14 
initially hired after the training has been provided for the school year, the 15 
local district shall provide materials on how to respond to an active shooter 16 
situation. 17 
(c) The requirements of this subsection shall also apply to public charter schools 18 
as a health and safety requirement under KRS 160.1592(1). 19 
(8) (a) The Kentucky Department of Education shall develop and maintain a list of 20 
approved comprehensive evidence-informed trainings on child abuse and 21 
neglect prevention, recognition, and reporting that encompass child physical, 22 
sexual, and emotional abuse and neglect. 23 
(b) The trainings shall be web-based[Web-based] or in-person and cover, at a 24 
minimum, the following topics: 25 
1. Recognizing child physical, sexual, and emotional abuse and neglect; 26 
2. Reporting suspected child abuse and neglect in Kentucky as required by 27  UNOFFICIAL COPY  	23 RS BR 325 
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KRS 620.030 and the appropriate documentation; 1 
3. Responding to the child; and 2 
4. Understanding the response of child protective services. 3 
(c) The trainings shall include a questionnaire or other basic assessment tool upon 4 
completion to document basic knowledge of training components. 5 
(d) Each local board of education shall adopt one (1) or more trainings from the 6 
list approved by the Department of Education to be implemented by schools. 7 
(e) All current school administrators, certified personnel, office staff, 8 
instructional assistants, and coaches and extracurricular sponsors who are 9 
employed by the school district shall complete the implemented training or 10 
trainings by January 31, 2017, and then every two (2) years after. 11 
(f) All school administrators, certified personnel, office staff, instructional 12 
assistants, and coaches and extracurricular sponsors who are employed by the 13 
school district hired after January 31, 2017, shall complete the implemented 14 
training or trainings within ninety (90) days of being hired and then every two 15 
(2) years after. 16 
(g) Every public school shall prominently display the statewide child abuse 17 
hotline number administered by the Cabinet for Health and Family Services, 18 
and the National Human Trafficking Reporting Hotline number administered 19 
by the United States Department for Health and Human Services. 20 
(9) The Department of Education shall establish an electronic consumer bulletin board 21 
that posts information regarding professional development providers and programs 22 
as a service to school district central office personnel, school councils, teachers, and 23 
administrators. Participation on the electronic consumer bulletin board shall be 24 
voluntary for professional development providers or vendors, but shall include all 25 
programs sponsored by the department. Participants shall provide the following 26 
information: program title; name of provider or vendor; qualifications of the 27  UNOFFICIAL COPY  	23 RS BR 325 
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presenters or instructors; objectives of the program; program length; services 1 
provided, including follow-up support; costs for participation and costs of 2 
materials; names of previous users of the program, addresses, and telephone 3 
numbers; and arrangements required. Posting information on the bulletin board by 4 
the department shall not be viewed as an endorsement of the quality of any specific 5 
provider or program. 6 
(10) The Department of Education shall provide training to address the characteristics 7 
and instructional needs of students at risk of school failure and most likely to drop 8 
out of school. The training shall be developed to meet the specific needs of all 9 
certified and classified personnel depending on their relationship with these 10 
students. The training for instructional personnel shall be designed to provide and 11 
enhance skills of personnel to: 12 
(a) Identify at-risk students early in elementary schools as well as at-risk and 13 
potential dropouts in the middle and high schools; 14 
(b) Plan specific instructional strategies to teach at-risk students; 15 
(c) Improve the academic achievement of students at risk of school failure by 16 
providing individualized and extra instructional support to increase 17 
expectations for targeted students; 18 
(d) Involve parents as partners in ways to help their children and to improve their 19 
children's academic progress; and 20 
(e) Significantly reduce the dropout rate of all students. 21 
(11) The department shall establish teacher academies to the extent funding is available 22 
in cooperation with postsecondary education institutions for elementary, middle 23 
school, and high school faculty in core disciplines, utilizing facilities and faculty 24 
from universities and colleges, local school districts, and other appropriate agencies 25 
throughout the state. Priority for participation shall be given to those teachers who 26 
are teaching core discipline courses for which they do not have a major or minor or 27  UNOFFICIAL COPY  	23 RS BR 325 
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the equivalent. Participation of teachers shall be voluntary. 1 
(12) The department shall annually provide to the oversight council established in KRS 2 
15A.063, the information received from local schools pursuant to KRS 158.449. 3 
(13) The department shall establish a program of professional development, and 4 
maintain a list of other entities that have notified the department of available 5 
similar professional development offerings, for district personnel to receive 6 
training on facilities management, facilities construction and renovation project 7 
management, and district property acquisition, management, and disposition. The 8 
program shall be optional and available to districts to help develop the 9 
professional capacities of personnel as the district determines. 10 
Section 4.   Until June 30, 2024, a local board of education of a district may 11 
provide for and commence the purchase, condemnation, or sale of land for school 12 
purposes in a manner required by statute or regulation but notwithstanding requirements 13 
for: 14 
(1) Prior approval from the chief state school officer; 15 
(2) Minimum sizes of school sites; or 16 
(3) Any limitations on the cost of land in relation to the cost of any construction 17 
project. 18 
However, prior to the purchasing, condemnation, or sale of land, the superintendent 19 
of the district shall submit to the local board a recommendation as to whether that the 20 
action is in compliance with all applicable statutes and regulations in effect. The local 21 
board shall review the recommendation and shall only approve the action if the board 22 
makes a finding that the action is in compliance with all applicable statutes and 23 
regulations in effect. The board shall provide notice of the finding to the Commissioner 24 
of Education for informational purposes. 25 
Section 5.   The review and report required under 2022 Ky. Acts 185, sec. 7, 26 
shall also include administrative regulations, incorporated materials, other guidance the 27  UNOFFICIAL COPY  	23 RS BR 325 
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department provides and procedures the department uses concerning the acquisition, 1 
disposition, or modification of property to identify inefficiencies in the review and 2 
approval process. During the review, the department shall also identify updates needed to 3 
the administrative regulations and materials due to the changing trends in the economy. 4 
This shall include identifying the most commonly granted waivers from administrative 5 
regulation and the changes required to reduce or eliminate the need for those waivers. 6 
The report shall include any statutory changes the department may recommend to 7 
improve administrative efficiency. 8 
Section 6.   At least one (1) month prior to the submission to the Interim Joint 9 
Committee on Appropriations and Revenue and the Interim Joint Committee on 10 
Education of the report required under 2022 Ky. Acts ch. 185, sec. 7 and modified by 11 
Section 5 of this Act, the Kentucky Department of Education shall submit preliminary 12 
findings of the report to the Local Superintendents Advisory Council to solicit written 13 
feedback from the council. The department may incorporate the recommendations of the 14 
council in finalizing the department's report but shall submit all the council's written 15 
feedback as an addendum to the report. 16 
Section 7. Whereas school districts developing new school sites are 17 
encountering rising prices of property and construction where time is of the essence in 18 
minimizing costs, an emergency is declared to exist, and this Act takes effect upon its 19 
passage and approval by the Governor or upon its otherwise becoming a law. 20