UNOFFICIAL COPY 24 RS BR 66 Page 1 of 19 XXXX 1/9/2024 12:41 PM Jacketed AN ACT relating to education. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 158.645 is amended to read as follows: 3 The General Assembly recognizes that public education involves shared responsibilities. 4 State government, local communities, parents, students, and school employees must work 5 together to create an efficient public school system to achieve excellence in education. 6 Parents and students must assist schools with efforts to assure student attendance, 7 preparation for school, and involvement in learning. The cooperation of all involved is 8 necessary to assure that desired outcomes are achieved. It is the intent of the General 9 Assembly to create a system of public education which shall allow and assist all students 10 to acquire the following capacities: 11 (1) Literacy, including communication skills necessary to function in a complex and 12 changing world[civilization]; 13 (2) Knowledge to make wise economic, social, and career[political] choices; 14 (3) Core values and qualities of good character to make moral and ethical decisions 15 throughout[ his or her] life; 16 (4) Understanding of our constitutional republic, the three (3) branches of 17 government, and how government impacts citizens,[governmental processes as 18 they affect] the community, the state, and the nation; 19 (5) Sufficient self-knowledge and knowledge of the student's own[his] mental and 20 physical wellness; 21 (6) Sufficient grounding in the arts and cultural literacy to enable each student to 22 appreciate the student's own[his or her] cultural and historical heritage; 23 (7) Sufficient preparation to choose and pursue the student's[his] life's work 24 intelligently; and 25 (8) Skills to enable each student[him] to compete competitively[favorably] with 26 students in other states. 27 UNOFFICIAL COPY 24 RS BR 66 Page 2 of 19 XXXX 1/9/2024 12:41 PM Jacketed Section 2. KRS 158.6451 is amended to read as follows: 1 (1) The General Assembly finds, declares, and establishes that: 2 (a) Schools shall expect a high level of academic achievement of all students. 3 (b) Schools shall develop their students' ability to: 4 1. Use[ basic] communication and mathematics skills for purposes and 5 situations they will encounter throughout their lives; 6 2. Apply core concepts and principles from mathematics, the sciences, the 7 arts, the humanities, social studies, civics, and practical living studies to 8 situations they will encounter throughout their lives; 9 3. Become self-sufficient individuals of good character exhibiting the 10 qualities of altruism, citizenship, courtesy, hard work, honesty, human 11 worth, justice, knowledge, patriotism, respect, responsibility, and self-12 discipline; 13 4. Become responsible members of a family, work group, or community, 14 including demonstrating effectiveness in community service; 15 5. Think critically, creatively, and independently to[and] solve problems 16 in school situations and in a variety of situations they will encounter in 17 life; 18 6. Connect and integrate experiences and new knowledge from all subject 19 matter fields with what they have previously learned and build on past 20 learning experiences to acquire new information through various media 21 sources; and 22 7. Express their creative talents and interests in visual arts, music, dance, 23 and dramatic arts. 24 (c) Schools shall increase their students' rate of school attendance. 25 (d) Schools shall increase their students' graduation rates and reduce their 26 students' dropout and retention rates. 27 UNOFFICIAL COPY 24 RS BR 66 Page 3 of 19 XXXX 1/9/2024 12:41 PM Jacketed (e) Schools shall reduce physical and mental health barriers to learning. 1 (f) Schools shall be measured on the proportion of students who make a 2 successful transition to work, post-secondary education, and [the ]military 3 service. 4 (2) The Kentucky Board of Education shall disseminate to local school districts and 5 schools a model curriculum framework which is directly tied to the goals, 6 outcomes, and assessment strategies developed pursuant to this section and KRS 7 158.645 and 158.6453. The framework shall provide direction to local districts and 8 schools as they develop their curriculum. The framework shall identify teaching and 9 assessment strategies, instructional material resources, ideas on how to incorporate 10 the resources of the community, a directory of model teaching sites, alternative 11 ways of using school time, and strategies to incorporate character education 12 throughout the curriculum. 13 Section 3. KRS 156.010 is amended to read as follows: 14 (1) The commissioner of education shall be the chief executive of the Department of 15 Education. The commissioner shall be responsible for administering, structuring, 16 and organizing the department and its services including[,] but not limited to[,] the 17 following: 18 (a) Technical assistance with curriculum design, school administration and 19 finance, computer and technology services, media services, community 20 education, career and technical[secondary vocational] education, STEM 21 education as defined in KRS 158.845, education for exceptional children, and 22 professional development; 23 (b) Compensatory education; 24 (c) Research and planning, which shall include, but not be limited to, a statewide 25 research and development effort to identify or develop the best educational 26 practices to be used in the public schools of the Commonwealth. 27 UNOFFICIAL COPY 24 RS BR 66 Page 4 of 19 XXXX 1/9/2024 12:41 PM Jacketed Appropriations for this purpose may be used within the department or for 1 contracting with other individuals, agencies, universities, laboratories, or 2 organizations; 3 (d) Kentucky School for the Blind and the Kentucky School for the Deaf; 4 (e) Performance and outcome assessments; 5 (f) Monitoring the management of school districts, including administration and 6 finance, implementation of state laws and regulations, and student 7 performance; and 8 (g) Implementing state laws and the policies promulgated thereunder by the 9 Kentucky Board of Education and the Education Professional Standards 10 Board. 11 (2) The commissioner of education may delegate[ to his assistants] any authority to act 12 on the commissioner's behalf[for him] in the supervision, inspection, and 13 administration of the schools to the extent the commissioner[he] has supervisory 14 and administrative control. 15 (3) All employees of the Department of Education shall be reimbursed for necessary 16 traveling expenses incurred in the performance of their official duties, and no part 17 of the reimbursement shall be included in or accounted as a part of their salaries. 18 (4) The State Department of Education, in the operation and management of its schools 19 and the programs at these schools, shall meet all required federal and state standards 20 relating to facilities and personnel qualifications; however, no license or license fee 21 shall be required for any school or program operated by the State Department of 22 Education. 23 (5) The Department of Education shall be the sole state agency for the purpose of 24 developing and approving state plans required by state or federal laws and 25 regulations as prerequisites to receiving federal funds for elementary and secondary 26 education. 27 UNOFFICIAL COPY 24 RS BR 66 Page 5 of 19 XXXX 1/9/2024 12:41 PM Jacketed Section 4. KRS 160.345 is amended to read as follows: 1 (1) For the purpose of this section: 2 (a) "Minority" means American Indian; Alaskan native; African-American; 3 Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or 4 South American origin; Pacific islander; or other ethnic group 5 underrepresented in the school; 6 (b) "School" means an elementary or secondary educational institution that is 7 under the administrative control of a principal and is not a program or part of 8 another school. The term "school" does not include district-operated schools 9 that are: 10 1. Exclusively vocational-technical, special education, or preschool 11 programs; 12 2. Instructional programs operated in institutions or schools outside of the 13 district; or 14 3. Alternative schools designed to provide services to at-risk populations 15 with unique needs; 16 (c) "Teacher" means any person for whom certification is required as a basis of 17 employment in the public schools of the state, with the exception of principals 18 and assistant principals; and 19 (d) "Parent" means: 20 1. A parent, stepparent, or foster parent of a student; or 21 2. A person who has legal custody of a student pursuant to a court order 22 and with whom the student resides. 23 (2) Each local board of education shall adopt a policy for implementing school-based 24 decision making in the district which shall include but not be limited to a 25 description of how the district's policies, including those developed pursuant to 26 KRS 160.340, have been amended to allow the professional staff members of a 27 UNOFFICIAL COPY 24 RS BR 66 Page 6 of 19 XXXX 1/9/2024 12:41 PM Jacketed school to be involved in the decision-making process as they work to meet 1 educational goals established in KRS 158.645 and 158.6451. The policy may 2 include a requirement that each school council make an annual report at a public 3 meeting of the board describing the school's progress in meeting the educational 4 goals set forth in KRS 158.6451 and district goals established by the board. The 5 policy shall also address and comply with the following: 6 (a) Except as provided in paragraph (b)2. of this subsection, each participating 7 school shall form a school council composed of two (2) parents, three (3) 8 teachers, and the principal or administrator. The membership of the council 9 may be increased, but it may only be increased proportionately. A parent 10 representative on the council shall not be an employee or a relative of an 11 employee of the school in which that parent serves, nor shall the parent 12 representative be an employee or a relative of an employee in the district 13 administrative offices. A parent representative shall not be a local board 14 member or a board member's spouse. None of the members shall have a 15 conflict of interest pursuant to KRS Chapter 45A, except the salary paid to 16 district employees; 17 (b) 1. The teacher representatives shall be elected for one (1) year terms by a 18 majority of the teachers. A teacher elected to a school council shall not 19 be involuntarily transferred during the teacher representative's[his or 20 her] term of office. The parent representatives shall be elected for one 21 (1) year terms. The parent members shall be elected by the parents of 22 students preregistered to attend the school during the term of office in an 23 election conducted by the parent and teacher organization of the school 24 or, if none exists, the largest organization of parents formed for this 25 purpose. Council elections may allow voting to occur over multiple days 26 and via electronic means. A school council, once elected, may adopt a 27 UNOFFICIAL COPY 24 RS BR 66 Page 7 of 19 XXXX 1/9/2024 12:41 PM Jacketed policy setting different terms of office for parent and teacher members 1 subsequently elected. The principal shall be the chair of the school 2 council. 3 2. School councils in schools having eight percent (8%) or more minority 4 students enrolled, as determined by the enrollment on the preceding 5 October 1, shall have at least one (1) minority member. If the council 6 formed under paragraph (a) of this subsection does not have a minority 7 member, the principal, in a timely manner, shall be responsible for 8 carrying out the following: 9 a. Organizing a special election to elect an additional member. The 10 principal shall call for nominations and shall notify the parents of 11 the students of the date, time, and location of the election to elect a 12 minority parent to the council by ballot; and 13 b. Allowing the teachers in the building to select one (1) minority 14 teacher to serve as a teacher member on the council. If there are no 15 minority teachers who are members of the faculty, an additional 16 teacher member shall be elected by a majority of all teachers. 17 Term limitations shall not apply for a minority teacher member 18 who is the only minority on faculty; 19 (c) 1. The school council shall have the responsibility to set school policy that 20 shall be consistent with district board policy and which shall provide an 21 environment to enhance the students' achievement and help the school 22 meet the goals established by KRS 158.645 and 158.6451 and goals for 23 the district established by the board. The principal shall be the primary 24 administrator and the instructional leader of the school, and with the 25 assistance of the total school staff shall administer the policies 26 established by the school council and the local board. 27 UNOFFICIAL COPY 24 RS BR 66 Page 8 of 19 XXXX 1/9/2024 12:41 PM Jacketed 2. If a school council establishes committees, it shall adopt a policy to 1 facilitate the participation of interested persons, including, but not 2 limited to, classified employees and parents. The policy shall include the 3 number of committees, their jurisdiction, composition, and the process 4 for membership selection; 5 (d) The school council and each of its committees shall determine the frequency 6 of and agenda for their meetings. Matters relating to formation of school 7 councils that are not provided for by this section shall be addressed by local 8 board policy; 9 (e) The meetings of the school council shall be open to the public and all 10 interested persons may attend. However, the exceptions to open meetings 11 provided in KRS 61.810 shall apply; 12 (f) After receiving notification of the funds available for the school from the local 13 board, the school council shall determine, within the parameters of the total 14 available funds, the number of persons to be employed in each job 15 classification at the school. The council may make personnel decisions on 16 vacancies occurring after the school council is formed but shall not have the 17 authority to recommend transfers or dismissals; 18 (g) The local superintendent shall determine which curriculum, textbooks, 19 instructional materials, and student support services shall be provided in the 20 school after consulting with the local board of education, the school principal, 21 and the school council and after a reasonable review and response period for 22 stakeholders in accordance with local board of education policy. Subject to 23 available resources, the local board shall allocate an appropriation to each 24 school that is adequate to meet the school's needs related to instructional 25 materials and school-based student support services, as determined by the 26 school principal after consultation with the school council. The school council 27 UNOFFICIAL COPY 24 RS BR 66 Page 9 of 19 XXXX 1/9/2024 12:41 PM Jacketed shall consult with the school media librarian on the maintenance of the school 1 library media center, including the purchase of instructional materials, 2 information technology, and equipment; 3 (h) Personnel decisions at the school level shall be as follows: 4 1. From a list of qualified applicants submitted by the local superintendent, 5 the principal at the participating school shall select personnel to fill 6 vacancies, after consultation with the school council, consistent with 7 paragraph (i)11. of this subsection. The superintendent shall provide 8 additional applicants to the principal upon request when qualified 9 applicants are available. The superintendent may forward to the school 10 principal the names of qualified applicants who have pending 11 certification from the Education Professional Standards Board based on 12 recent completion of preparation requirements, out-of-state preparation, 13 or alternative routes to certification pursuant to KRS 161.028 and 14 161.048. Requests for transfer shall conform to any employer-employee 15 bargained contract which is in effect; 16 2. If the vacancy to be filled is the position of principal: 17 a. The superintendent shall fill the vacancy after consultation with 18 the school council consistent with paragraph (i)11. of this 19 subsection; 20 b. Prior to consultation with the school council, each member shall 21 sign a nondisclosure agreement forbidding the disclosure of 22 information shared and discussions held during consultation; 23 c. A person who believes a violation of the nondisclosure agreement 24 referred to in subdivision b. of this subparagraph has occurred may 25 file a written complaint with the Kentucky Board of Education; 26 and 27 UNOFFICIAL COPY 24 RS BR 66 Page 10 of 19 XXXX 1/9/2024 12:41 PM Jacketed d. A school council member found to have violated the nondisclosure 1 agreement referred to in subdivision b. of this subparagraph may 2 be subject to removal from the school council by the Kentucky 3 Board of Education under subsection (9)(e) of this section; 4 3. Notwithstanding subparagraph 2. of this paragraph, if the vacancy to be 5 filled is the position of principal in a county school district in a county 6 with a consolidated local government adopted under KRS Chapter 67C, 7 then: 8 a. The outgoing principal shall not serve on the council during the 9 principal selection process. The superintendent or the 10 superintendent's designee shall serve as the chair of the council for 11 the purpose of the hiring process and shall have voting rights 12 during the selection process; 13 b. The council shall have access to the applications of all persons 14 certified for the position. The principal shall be elected on a 15 majority vote of the membership of the council. The school 16 council shall receive training in recruitment and interviewing 17 techniques prior to carrying out the process of selecting a 18 principal. The council shall select the trainer to deliver the 19 training; and 20 c. Notwithstanding the requirement that a principal be elected by a 21 majority vote of the council, the selection of a principal shall be 22 subject to approval by the superintendent. If the superintendent 23 does not approve the principal selected by the council, then the 24 superintendent may select the principal; 25 4. No principal who has been previously removed from a position in the 26 district for cause may be considered for appointment as principal in that 27 UNOFFICIAL COPY 24 RS BR 66 Page 11 of 19 XXXX 1/9/2024 12:41 PM Jacketed district; 1 5. Personnel decisions made at the school level under the authority of 2 subparagraph 1. of this paragraph shall be binding on the superintendent 3 who completes the hiring process; 4 6. Applicants subsequently employed shall provide evidence that they are 5 certified prior to assuming the duties of a position in accordance with 6 KRS 161.020; and 7 7. Notwithstanding other provisions of this paragraph, if the applicant is 8 the spouse of the superintendent and the applicant meets the service 9 requirements of KRS 160.380(3)(a), the applicant shall only be 10 employed upon the recommendation of the principal and the approval of 11 a majority vote of the school council; 12 (i) The school council shall adopt a policy that shall be consistent with local 13 board policy and shall be implemented by the principal in the following 14 additional areas: 15 1. Curriculum responsibilities under KRS 158.6453(19); 16 2. Assignment of all instructional and noninstructional staff time; 17 3. Assignment of students to classes and programs within the school; 18 4. Determination of the schedule of the school day and week, subject to the 19 beginning and ending times of the school day and school calendar year 20 as established by the local board; 21 5. Determination of use of school space during the school day related to 22 improving classroom teaching and learning; 23 6. Planning and resolution of issues regarding instructional practices; 24 7. Selection and implementation of discipline and classroom management 25 techniques as a part of a comprehensive school safety plan, including 26 responsibilities of the student, parent, teacher, counselor, and principal; 27 UNOFFICIAL COPY 24 RS BR 66 Page 12 of 19 XXXX 1/9/2024 12:41 PM Jacketed 8. Selection of extracurricular programs and determination of policies 1 relating to student participation based on academic qualifications and 2 attendance requirements, program evaluation, and supervision; 3 9. Adoption of an emergency plan as required in KRS 158.162; 4 10. Procedures, consistent with local school board policy, for determining 5 alignment with state standards, technology utilization, and program 6 appraisal; and 7 11. Procedures to assist the council with consultation in the selection of the 8 principal by the superintendent, and the selection of personnel by the 9 principal, including but not limited to meetings, timelines, interviews, 10 review of written applications, and review of references. Procedures 11 shall address situations in which members of the council are not 12 available for consultation; and 13 (j) Each school council shall annually review data as shown on state and local 14 student assessments required under KRS 158.6453. The data shall include but 15 not be limited to information on performance levels of all students tested, and 16 information on the performance of students disaggregated by race, gender, 17 disability, and participation in the federal free and reduced price lunch 18 program. After completing the review of data, each school council, with the 19 involvement of parents, faculty, and staff, shall develop and adopt a plan to 20 ensure that each student makes progress toward meeting the goals set forth in 21 KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan 22 to the superintendent and local board of education for review as described in 23 KRS 160.340. The Kentucky Department of Education shall provide each 24 school council the data needed to complete the review required by this 25 paragraph no later than October 1 of each year. If a school does not have a 26 council, the review shall be completed by the principal with the involvement 27 UNOFFICIAL COPY 24 RS BR 66 Page 13 of 19 XXXX 1/9/2024 12:41 PM Jacketed of parents, faculty, and staff. 1 (3) The policies adopted by the local board to implement school-based decision making 2 shall also address the following: 3 (a) School budget and administration, including: discretionary funds; activity and 4 other school funds; funds for maintenance, supplies, and equipment; and 5 procedures for authorizing reimbursement for training and other expenses; 6 (b) Assessment of individual student progress, including testing and reporting of 7 student progress to students, parents, the school district, the community, and 8 the state; 9 (c) School improvement plans, including the form and function of strategic 10 planning and its relationship to district planning, as well as the school safety 11 plan and requests for funding from the Center for School Safety under KRS 12 158.446; 13 (d) Professional development plans developed pursuant to KRS 156.095; 14 (e) Parent, citizen, and community participation including the relationship of the 15 council with other groups; 16 (f) Cooperation and collaboration within the district, with other districts, and with 17 other public and private agencies; 18 (g) Requirements for waiver of district policies; 19 (h) Requirements for record keeping by the school council; and 20 (i) A process for appealing a decision made by a school council. 21 (4) In addition to the authority granted to the school council in this section, the local 22 board may grant to the school council any other authority permitted by law. The 23 board shall make available liability insurance coverage for the protection of all 24 members of the school council from liability arising in the course of pursuing their 25 duties as members of the council. 26 (5) All schools shall implement school-based decision making in accordance with this 27 UNOFFICIAL COPY 24 RS BR 66 Page 14 of 19 XXXX 1/9/2024 12:41 PM Jacketed section and with the policy adopted by the local board pursuant to this section. 1 Upon favorable vote of a majority of the faculty at the school and a majority of at 2 least twenty-five (25) voting parents of students enrolled in the school, a school 3 meeting its goal as determined by the Department of Education pursuant to KRS 4 158.6455 may apply to the Kentucky Board of Education for exemption from the 5 requirement to implement school-based decision making, and the state board shall 6 grant the exemption. The voting by the parents on the matter of exemption from 7 implementing school-based decision making shall be in an election conducted by 8 the parent and teacher organization of the school or, if none exists, the largest 9 organization of parents formed for this purpose. Notwithstanding the provisions of 10 this section, a local school district shall not be required to implement school-based 11 decision making if the local school district contains only one (1) school. 12 (6) The Department of Education shall provide professional development activities to 13 assist schools in implementing school-based decision making. School council 14 members elected for the first time shall complete a minimum of six (6) clock hours 15 of training in the process of school-based decision making, no later than thirty (30) 16 days after the beginning of the service year for which they are elected to serve. 17 School council members who have served on a school council at least one (1) year 18 shall complete a minimum of three (3) clock hours of training in the process of 19 school-based decision making no later than one hundred twenty (120) days after the 20 beginning of the service year for which they are elected to serve. Experienced 21 members may participate in the training for new members to fulfill their training 22 requirement. School council training required under this subsection shall be 23 conducted by trainers endorsed by the Department of Education. By November 1 of 24 each year, the principal through the local superintendent shall forward to the 25 Department of Education the names and addresses of each council member and 26 verify that the required training has been completed. School council members 27 UNOFFICIAL COPY 24 RS BR 66 Page 15 of 19 XXXX 1/9/2024 12:41 PM Jacketed elected to fill a vacancy shall complete the applicable training within thirty (30) 1 days of their election. 2 (7) A school that chooses to have school-based decision making but would like to be 3 exempt from the administrative structure set forth by this section may develop a 4 model for implementing school-based decision making, including but not limited to 5 a description of the membership, organization, duties, and responsibilities of a 6 school council. The school shall submit the model through the local board of 7 education to the commissioner of education and the Kentucky Board of Education, 8 which shall have final authority for approval. The application for approval of the 9 model shall show evidence that it has been developed by representatives of the 10 parents, students, certified personnel, and the administrators of the school and that 11 two-thirds (2/3) of the faculty have agreed to the model. 12 (8) The Kentucky Board of Education, upon recommendation of the commissioner of 13 education, shall adopt by administrative regulation a formula by which school 14 district funds shall be allocated to each school council. Included in the school 15 council formula shall be an allocation for professional development that is at least 16 sixty-five percent (65%) of the district's per pupil state allocation for professional 17 development for each student in average daily attendance in the school. The school 18 council shall plan professional development in compliance with requirements 19 specified in KRS 156.095, except as provided in KRS 158.649. School councils of 20 small schools shall be encouraged to work with other school councils to maximize 21 professional development opportunities. 22 (9) (a) No board member, superintendent of schools, district employee, or member of 23 a school council shall intentionally engage in a pattern of practice which is 24 detrimental to the successful implementation of or circumvents the intent of 25 school-based decision making to allow the professional staff members of a 26 school and parents to be involved in the decision making process in working 27 UNOFFICIAL COPY 24 RS BR 66 Page 16 of 19 XXXX 1/9/2024 12:41 PM Jacketed toward meeting the educational goals established in KRS 158.645 and 1 158.6451 or to make decisions in areas of policy assigned to a school council 2 pursuant to paragraph (i) of subsection (2) of this section. 3 (b) An affected party who believes a violation of this subsection has occurred 4 may file a written complaint with the Office of Education Accountability. The 5 office shall investigate the complaint and resolve the conflict, if possible, or 6 forward the matter to the Kentucky Board of Education. 7 (c) The Kentucky Board of Education shall conduct a hearing in accordance with 8 KRS Chapter 13B for complaints referred by the Office of Education 9 Accountability. 10 (d) If the state board determines a violation has occurred, the party shall be 11 subject to reprimand. A second violation of this subsection may be grounds 12 for removing a superintendent or a member of a school council from office or 13 grounds for dismissal of an employee for misconduct in office or willful 14 neglect of duty. 15 (e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the 16 state board determines a violation of the nondisclosure agreement required by 17 subsection (2)(h)2.b. of this section by a school council member has occurred, 18 the state board shall remove the member from the school council, and the 19 member shall be permanently prohibited from serving on any school council 20 in the district. 21 (10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or 22 maintain a school-based decision making council and the powers, duties, and 23 authority granted to a school council may be rescinded or the school council's role 24 may be advisory if the commissioner of education or the Kentucky Board of 25 Education takes action under KRS 160.346. 26 (11) Each school council of a school containing grades K-5 or any combination thereof, 27 UNOFFICIAL COPY 24 RS BR 66 Page 17 of 19 XXXX 1/9/2024 12:41 PM Jacketed or if there is no school council, the principal, shall develop and implement a 1 wellness policy that includes moderate to vigorous physical activity each day and 2 encourages healthy choices among students. The policy may permit physical 3 activity to be considered part of the instructional day, not to exceed thirty (30) 4 minutes per day, or one hundred and fifty (150) minutes per week. Each school 5 council, or if there is no school council, the principal, shall adopt an assessment tool 6 to determine each child's level of physical activity on an annual basis. The council 7 or principal may utilize an existing assessment program. The Kentucky Department 8 of Education shall make available a list of available resources to carry out the 9 provisions of this subsection.[ The department shall report to the Legislative 10 Research Commission no later than November 1 of each year on how the schools 11 are providing physical activity under this subsection and on the types of physical 12 activity being provided.] The policy developed by the school council or principal 13 shall comply with provisions required by federal law, state law, or local board 14 policy. 15 Section 5. KRS 157.065 is amended to read as follows: 16 (1) Any school that does not offer a school breakfast program shall submit an annual 17 report no later than September 15 to the Kentucky Board of Education indicating 18 the reasons for not offering the program. The report shall include the number of 19 children enrolled at the school and the number of children who are eligible for free 20 or reduced priced meals under the federal program. 21 (2) The state board shall inform the school of the value of the school breakfast 22 program, its favorable effects on student attendance and performance, and the 23 availability of funds to implement the program. 24 [(3) The commissioner of education shall submit an annual report no later than 25 December 1 to the Interim Joint Committee on Education regarding the status of the 26 school breakfast program including, but not limited to, information describing the 27 UNOFFICIAL COPY 24 RS BR 66 Page 18 of 19 XXXX 1/9/2024 12:41 PM Jacketed schools that do not offer the program, the reasons given by the schools for not 1 offering the program, the number of children enrolled in each school, the number of 2 children in each school who are eligible for free or reduced priced meals under the 3 federal program, and the action taken by the state board to encourage schools to 4 implement the program.] 5 Section 6. KRS 424.250 is amended to read as follows: 6 (1) Each local board of education shall annually publish the budget of the school 7 district:[At the same time that copies of the budget of a school district are filed with 8 the clerk of the tax levying authority for the district, as provided in KRS 160.470, 9 the board of education of the district shall cause the budget to be advertised for the 10 district by publishing a copy of the budget in a newspaper. ] 11 (a) In the newspaper of the largest general circulation in the county; 12 (b) Electronically on a website of the district; or 13 (c) By printed copy at a prearranged site at the main branch of the public 14 library within the district. 15 (2) If publication on a website of the district or by printed copy at the public library is 16 chosen, the superintendent shall be directed to publish notification in the 17 newspaper of the largest circulation in the county as to the location where the 18 document can be viewed by the public. 19 (3) The notification under subsection (2) of this section shall include the address of 20 the library or the electronic address of the website where the documents can be 21 viewed. 22 Section 7. The following KRS sections are repealed: 23 157.061 Annual audits of school districts. 24 158.856 Annual assessment and evaluation of school nutrition in district -- Special 25 board meeting and public forum to discuss nutrition and physical activity in the 26 schools -- School district to prepare and submit findings and recommendations to 27 UNOFFICIAL COPY 24 RS BR 66 Page 19 of 19 XXXX 1/9/2024 12:41 PM Jacketed Board of Education. 1