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AN ACT relating to education on the Holocaust. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 156.160 is amended to read as follows: 3
(1) With the advice of the Local Superintendents Advisory Council, the Kentucky 4
Board of Education shall promulgate administrative regulations establishing 5
standards which school districts shall meet in student, program, service, and 6
operational performance. These regulations shall comply with the expected 7
outcomes for students and schools set forth in KRS 158.6451. Administrative 8
regulations shall be promulgated for the following: 9
(a) Courses of study for the different grades and kinds of common schools 10
identifying the common curriculum content directly tied to the goals, 11
outcomes, and assessment strategies developed under KRS 158.645, 12
158.6451, and 158.6453 and distributed to local school districts and schools. 13
The administrative regulations shall provide that: 14
1. If a school offers American sign language, the course shall be accepted 15
as meeting the foreign language requirements in common schools 16
notwithstanding other provisions of law; 17
2. If a school offers the Reserve Officers Training Corps program, the 18
course shall be accepted as meeting the physical education requirement 19
for high school graduation notwithstanding other provisions of law; and 20
3. a. Every public middle and high school's curriculum shall include 21
instruction on the Holocaust and other cases of genocide, as 22
defined by the United Nations Convention on the Prevention and 23
Punishment of the Crime of Genocide, that a court of competent 24
jurisdiction, whether a court in the United States or the 25
International Court of Justice, has determined to have been 26
committed by applying rigorous standards of due process.[;] 27 UNOFFICIAL COPY 23 RS BR 1563
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b. The commissioner shall conduct a survey of all school districts to 1
identify districts, to begin with the 2023-2024 school year and to 2
occur every three (3) years thereafter, and shall submit results of 3
the survey to the Interim Joint Committee on Education by 4
August 1 following the school year in which the survey is 5
conducted. The purpose of the survey is to identify districts 6
adequately providing instruction on the Holocaust as required in 7
subdivision a. of this subparagraph. The survey shall include 8
questions on how the district is meeting learning standards on 9
the Holocaust and require an attestation from each 10
superintendent indicating that instruction as specified in the 11
survey response related to the Holocaust is being provided by all 12
schools in the district; 13
(b) Courses of study or educational experiences available to students in all middle 14
and high schools to fulfill the prerequisites for courses in advanced science 15
and mathematics as defined in KRS 158.845; 16
(c) The acquisition and use of educational equipment for the schools as 17
recommended by the Council for Education Technology; 18
(d) The minimum requirements for high school graduation in light of the 19
expected outcomes for students and schools set forth in KRS 158.6451. The 20
minimum requirements shall not include achieving any postsecondary 21
readiness indicator as described in KRS 158.6455 or any minimum score on a 22
statewide assessment administered under KRS 158.6453. Student scores from 23
any assessment administered under KRS 158.6453 that are determined by the 24
department's technical advisory committee to be valid and reliable at the 25
individual level shall be included on the student transcript. The department's 26
technical advisory committee shall submit its determination to the 27 UNOFFICIAL COPY 23 RS BR 1563
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commissioner of education and the Legislative Research Commission; 1
(e) The requirements for an alternative high school diploma for students with 2
disabilities whose individualized education program indicates that, in 3
accordance with 20 U.S.C. sec. 1414(d)(1)(A): 4
1. The student cannot participate in the regular statewide assessment; and 5
2. An appropriate alternate assessment has been selected for the student 6
based upon a modified curriculum and an individualized course of 7
study; 8
(f) Taking and keeping a school census, and the forms, blanks, and software to be 9
used in taking and keeping the census and in compiling the required reports. 10
The board shall create a statewide student identification numbering system 11
based on students' Social Security numbers. The system shall provide a 12
student identification number similar to, but distinct from, the Social Security 13
number, for each student who does not have a Social Security number or 14
whose parents or guardians choose not to disclose the Social Security number 15
for the student; 16
(g) Sanitary and protective construction of public school buildings, toilets, 17
physical equipment of school grounds, school buildings, and classrooms. With 18
respect to physical standards of sanitary and protective construction for school 19
buildings, the Kentucky Board of Education shall adopt the Uniform State 20
Building Code; 21
(h) Medical inspection, physical and health education and recreation, and other 22
regulations necessary or advisable for the protection of the physical welfare 23
and safety of the public school children. The administrative regulations shall 24
set requirements for student health standards to be met by all students in 25
grades four (4), eight (8), and twelve (12) pursuant to the outcomes described 26
in KRS 158.6451. The administrative regulations shall permit a student who 27 UNOFFICIAL COPY 23 RS BR 1563
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received a physical examination no more than six (6) months prior to his or 1
her initial admission to Head Start to substitute that physical examination for 2
the physical examination required by the Kentucky Board of Education of all 3
students upon initial admission to the public schools, if the physical 4
examination given in the Head Start program meets all the requirements of the 5
physical examinations prescribed by the Kentucky Board of Education; 6
(i) A vision examination by an optometrist or ophthalmologist that shall be 7
required by the Kentucky Board of Education. The administrative regulations 8
shall require evidence that a vision examination that meets the criteria 9
prescribed by the Kentucky Board of Education has been performed. This 10
evidence shall be submitted to the school no later than January 1 of the first 11
year that a three (3), four (4), five (5), or six (6) year-old child is enrolled in a 12
public school, public preschool, or Head Start program; 13
(j) 1. Beginning with the 2010-2011 school year, a dental screening or 14
examination by a dentist, dental hygienist, physician, registered nurse, 15
advanced practice registered nurse, or physician assistant that shall be 16
required by the Kentucky Board of Education. The administrative 17
regulations shall require evidence that a dental screening or examination 18
that meets the criteria prescribed by the Kentucky Board of Education 19
has been performed. This evidence shall be submitted to the school no 20
later than January 1 of the first year that a five (5) or six (6) year-old 21
child is enrolled in a public school. 22
2. A child shall be referred to a licensed dentist if a dental screening or 23
examination performed by anyone other than a licensed dentist identifies 24
the possibility of dental disease; 25
(k) The transportation of children to and from school; 26
(l) The fixing of holidays on which schools may be closed and special days to be 27 UNOFFICIAL COPY 23 RS BR 1563
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observed, and the pay of teachers during absence because of sickness or 1
quarantine or when the schools are closed because of quarantine; 2
(m) The preparation of budgets and salary schedules for the several school 3
districts under the management and control of the Kentucky Board of 4
Education; 5
(n) A uniform series of forms and blanks, educational and financial, including 6
forms of contracts, for use in the several school districts; 7
(o) The disposal of real and personal property owned by local boards of 8
education; and 9
(p) The development and implementation of procedures, for all students who are 10
homeless children and youths as defined in 42 U.S.C. sec. 11434a(2), to do 11
the following: 12
1. Awarding and accepting of credit, including partial credit, for all 13
coursework satisfactorily completed by a student while enrolled at 14
another school; 15
2. Allowing a student who was previously enrolled in a course required for 16
graduation the opportunity, to the extent practicable, to complete the 17
course, at no cost to the student, before the beginning of the next school 18
year; 19
3. Awarding a diploma, at the student's request, by a district from which 20
the student transferred, if the student transfers schools at any time after 21
the completion of the student's second year of high school and the 22
student is ineligible to graduate from the district to which the student 23
transfers, but meets the graduation requirements of the district from 24
which the student transferred; and 25
4. Exempting the student from all coursework and other requirements 26
imposed by the local board of education that are in addition to the 27 UNOFFICIAL COPY 23 RS BR 1563
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minimum requirements for high school graduation established by the 1
Kentucky Board of Education pursuant to paragraph (d) of this 2
subsection in the district to which the student transfers, if the student 3
transfers schools at any time after the completion of the student's second 4
year of high school and the student is ineligible to graduate both from 5
the district to which the student transfers and the district from which the 6
student transferred. 7
(2) (a) At the request of a local board of education or a school council, a local school 8
district superintendent shall request that the Kentucky Board of Education 9
waive any administrative regulation promulgated by that board. Beginning in 10
the 1996-97 school year, a request for waiver of any administrative regulation 11
shall be submitted to the Kentucky Board of Education in writing with 12
appropriate justification for the waiver. The Kentucky Board of Education 13
may approve the request when the school district or school has demonstrated 14
circumstances that may include but are not limited to the following: 15
1. An alternative approach will achieve the same result required by the 16
administrative regulation; 17
2. Implementation of the administrative regulation will cause a hardship on 18
the school district or school or jeopardize the continuation or 19
development of programs; or 20
3. There is a finding of good cause for the waiver. 21
(b) The following shall not be subject to waiver: 22
1. Administrative regulations relating to health and safety; 23
2. Administrative regulations relating to civil rights; 24
3. Administrative regulations required by federal law; and 25
4. Administrative regulations promulgated in accordance with KRS 26
158.6451, 158.6453, 158.6455, and this section, relating to measurement 27 UNOFFICIAL COPY 23 RS BR 1563
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of performance outcomes and determination of successful districts or 1
schools, except upon issues relating to the grade configuration of 2
schools. 3
(c) Any waiver granted under this subsection shall be subject to revocation upon 4
a determination by the Kentucky Board of Education that the school district or 5
school holding the waiver has subsequently failed to meet the intent of the 6
waiver. 7
(3) Any private, parochial, or church school may voluntarily comply with curriculum, 8
certification, and textbook standards established by the Kentucky Board of 9
Education and be certified upon application to the board by such schools. 10
(4) Any public school that violates the provisions of KRS 158.854 shall be subject to a 11
penalty to be assessed by the commissioner of education as follows: 12
(a) The first violation shall result in a fine of no less than one (1) week's revenue 13
from the sale of the competitive food; 14
(b) Subsequent violations shall result in a fine of no less than one (1) month's 15
revenue from the sale of the competitive food; 16
(c) "Habitual violations," which means five (5) or more violations within a six (6) 17
month period, shall result in a six (6) month ban on competitive food sales for 18
the violating school; and 19
(d) Revenue collected as a result of the fines in this subsection shall be 20
transferred to the food service fund of the local school district. 21