UNOFFICIAL COPY 24 RS BR 2365
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AN ACT relating to education funding. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 157.350 is amended to read as follows: 3
Each district which meets the following requirements shall be eligible to share in the 4
distribution of funds from the fund to support education excellence in Kentucky: 5
(1) Employs and compensates all teachers for not less than one hundred eighty-five 6
(185) days. The Kentucky Board of Education, upon recommendation of the 7
commissioner of education, shall prescribe procedures by which this requirement 8
may be reduced during any year for any district which employs teachers for less 9
than one hundred and eighty-five (185) days, in which case the eligibility of a 10
district for participation in the public school fund shall be in proportion to the 11
length of time teachers actually are employed; 12
(2) Operates all schools for a minimum school term as provided in KRS 158.070 and 13
administrative regulations of the Kentucky Board of Education. If the school term is 14
less than one hundred eighty-five (185) days, including not less than one hundred 15
seventy (170) student attendance days as defined in KRS 158.070 or one thousand 16
sixty-two (1,062) hours of instructional time, for any reason not approved by the 17
Kentucky Board of Education on recommendation of the commissioner, the 18
eligibility of a district for participation in the public school fund shall be in 19
proportion to the length of term the schools actually operate; 20
(3) Compensates all teachers on the basis of a single salary schedule and in conformity 21
with the provisions of KRS 157.310 to 157.440; 22
(4) Includes no nonresident pupils in its average daily attendance, except: 23
(a) 1. Those nonresident[Until July 1, 2022,] pupils enrolled pursuant to 24
district nonresident pupil policies adopted under KRS 158.120[listed 25
under a written agreement, which may be for multiple years, with the 26
district of the pupils' legal residence]. 27 UNOFFICIAL COPY 24 RS BR 2365
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2. If an agreement cannot be reached, either board may appeal to the 1
commissioner for settlement of the dispute. 2
3. The commissioner shall have thirty (30) days to resolve the dispute. 3
Either board may appeal the commissioner's decision to the Kentucky 4
Board of Education. 5
4. The commissioner and the Kentucky Board of Education shall consider 6
the factors affecting the districts, including but not limited to academic 7
performance and the impact on programs, school facilities, 8
transportation, and staffing of the districts. 9
5. The Kentucky Board of Education shall have sixty (60) days to approve 10
or amend the decision of the commissioner; and 11
(b) [Beginning July 1, 2022, those nonresident pupils admitted pursuant to district 12
nonresident pupil policies adopted under KRS 158.120; and 13
(c) ]A nonresident pupil who attends a district in which a parent of the pupil is 14
employed. All tuition fees required of a nonresident pupil may be waived for a 15
pupil who meets the requirements of this paragraph. 16
This subsection does not apply to those pupils enrolled in an approved class 17
conducted in a hospital and pupils who have been expelled for behavioral reasons 18
who shall be counted in average daily attendance under KRS 157.320; 19
(5) Any secondary school which maintains a basketball team for boys for other than 20
intramural purposes, shall maintain the same program for girls; 21
(6) Any school district which fails to comply with subsection (5) of this section shall be 22
prohibited from participating in varsity competition in any sport for one (1) year. 23
Determination of failure to comply shall be made by the Department of Education 24
after a hearing requested by any person within the school district. The hearing shall 25
be conducted in accordance with KRS Chapter 13B. A district under this subsection 26
shall, at the hearing, have an opportunity to show inability to comply. 27