UNOFFICIAL COPY 24 RS BR 1133
Page 1 of 15
XXXX 2/1/2024 12:43 PM Jacketed
AN ACT relating to school councils. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 160.345 is amended to read as follows: 3
(1) For the purpose of this section: 4
(a) ["Minority" means American Indian; Alaskan native; African-American; 5
Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or 6
South American origin; Pacific islander; or other ethnic group 7
underrepresented in the school; 8
(b) ]"School" means an elementary or secondary educational institution that is 9
under the administrative control of a principal and is not a program or part of 10
another school. The term "school" does not include district-operated schools 11
that are: 12
1. Exclusively vocational-technical, special education, or preschool 13
programs; 14
2. Instructional programs operated in institutions or schools outside of the 15
district; or 16
3. Alternative schools designed to provide services to at-risk populations 17
with unique needs; 18
(b)[(c)] "Teacher" means any person for whom certification is required as a 19
basis of employment in the public schools of the state, with the exception of 20
principals and assistant principals; and 21
(c)[(d)] "Parent" means: 22
1. A parent, stepparent, or foster parent of a student; or 23
2. A person who has legal custody of a student pursuant to a court order 24
and with whom the student resides. 25
(2) Each local board of education shall adopt a policy for implementing school-based 26
decision making in the district which shall include but not be limited to a 27 UNOFFICIAL COPY 24 RS BR 1133
Page 2 of 15
XXXX 2/1/2024 12:43 PM Jacketed
description of how the district's policies, including those developed pursuant to 1
KRS 160.340, have been amended to allow the professional staff members of a 2
school to be involved in the decision-making process as they work to meet 3
educational goals established in KRS 158.645 and 158.6451. The policy may 4
include a requirement that each school council make an annual report at a public 5
meeting of the board describing the school's progress in meeting the educational 6
goals set forth in KRS 158.6451 and district goals established by the board. The 7
policy shall also address and comply with the following: 8
(a) [Except as provided in paragraph (b)2. of this subsection, ]Each participating 9
school shall form a school council composed of three (3)[two (2)] parents, 10
three (3) teachers, and the principal or administrator who shall serve as chair 11
of the council. The parent and teacher membership of the council may be 12
increased, but it may only be increased proportionately. A parent 13
representative on the council shall not be an employee or a relative of an 14
employee of the school in which that parent serves, nor shall the parent 15
representative be an employee or a relative of an employee in the district 16
administrative offices. A parent representative shall not be a local board 17
member or a board member's spouse. Notwithstanding KRS 45A.335(1), 18
members shall be considered an officer of an agency for the purposes of 19
KRS Chapter 45A and none of the members shall have a conflict of interest 20
pursuant to KRS Chapter 45A, except the salary paid to district employees; 21
(b) 1. The teacher representatives shall be elected for one (1) year terms by a 22
majority of the teachers. A teacher elected to a school council shall not 23
be involuntarily transferred during his or her term of office. 24
2. The parent representatives shall be elected for one (1) year terms. The 25
parent members shall be elected by the parents of students preregistered 26
to attend the school during the term of office in an election conducted by 27 UNOFFICIAL COPY 24 RS BR 1133
Page 3 of 15
XXXX 2/1/2024 12:43 PM Jacketed
an election committee established by the parent and teacher 1
organization of the school or, if none exists, the largest organization of 2
parents formed for this purpose. The election shall comply with the 3
following: 4
a. The election committee shall conduct the election and serve as 5
election workers. A member of the election committee shall not 6
be a candidate in the election, a member of the local board of 7
education of the school, or a spouse, parent, brother, sister, 8
child, mother-in-law, father-in-law, son-in-law, daughter-in-law, 9
brother-in-law, or sister-in-law of a candidate in the election; 10
b. At least four (4) weeks prior to the day of the election, the school 11
shall notify parents of the filing deadline and provide 12
instructions on how to file as a candidate; 13
c. The deadline for a parent to file with the election committee as a 14
candidate for the election shall be two (2) weeks prior to the day 15
of the election; 16
d. At least one (1) week prior to the day of the election, the election 17
committee shall inform the principal or designee of the election 18
dates, names of candidates who have filed, voting hours, voting 19
location, and how to vote and the school shall provide notice to 20
parents with those details; 21
e. The parent member election shall occur during one (1) school 22
day and voting hours shall begin at least one (1) hour before 23
school's regular instructional hours that day and shall end at 24
least one (1) hour after; 25
f. The parent member election shall require in-person voting and 26
voters shall present proof of identification as defined under KRS 27 UNOFFICIAL COPY 24 RS BR 1133
Page 4 of 15
XXXX 2/1/2024 12:43 PM Jacketed
117.001 or, if the voter cannot procure proof of identification, 1
then the alternatives provided under KRS 117.228(2). No person 2
shall vote by proxy; 3
g. Parents shall vote by paper ballots which voters shall deposit into 4
a locked ballot box. The ballot box shall remain locked for the 5
duration of the election and shall be kept in the possession of the 6
election committee; 7
h. Upon the conclusion of the parent member election, the election 8
committee shall count the ballots in the presence of the school 9
principal or the principal's designee. Candidates may be present 10
during the ballot counting; 11
i. Within one (1) week after counting the ballots, the school shall 12
provide parents with notice of the election winners and the total 13
votes counted for each candidate; and 14
j. Notice to parents required under subdivision i. of this 15
subparagraph shall require notification being sent using at least 16
three (3) of the following methods: 17
i.. Email; 18
ii. Text message; 19
iii. Telephone message; 20
iv. Posting notice on the school's social media; 21
v. Posting notice on the school's website; 22
vi. Posting notice on the school's entryways; or 23
vii. Mail. 24
3. A parent vacancy on the council shall be filled by appointment by the 25
rest of the council for the remainder of the unexpired term. The 26
council shall adopt policies governing the appointment process. 27 UNOFFICIAL COPY 24 RS BR 1133
Page 5 of 15
XXXX 2/1/2024 12:43 PM Jacketed
4. [Council elections may allow voting to occur over multiple days and via 1
electronic means. ]A school council, once elected, may adopt a policy 2
setting different terms of office for parent and teacher members 3
subsequently elected.[ The principal shall be the chair of the school 4
council. 5
2. School councils in schools having eight percent (8%) or more minority 6
students enrolled, as determined by the enrollment on the preceding 7
October 1, shall have at least one (1) minority member. If the council 8
formed under paragraph (a) of this subsection does not have a minority 9
member, the principal, in a timely manner, shall be responsible for 10
carrying out the following: 11
a. Organizing a special election to elect an additional member. The 12
principal shall call for nominations and shall notify the parents of 13
the students of the date, time, and location of the election to elect a 14
minority parent to the council by ballot; and 15
b. Allowing the teachers in the building to select one (1) minority 16
teacher to serve as a teacher member on the council. If there are no 17
minority teachers who are members of the faculty, an additional 18
teacher member shall be elected by a majority of all teachers. 19
Term limitations shall not apply for a minority teacher member 20
who is the only minority on faculty;] 21
(c) 1. The school council shall have the responsibility to set school policy that 22
shall be consistent with district board policy and which shall provide an 23
environment to enhance the students' achievement and help the school 24
meet the goals established by KRS 158.645 and 158.6451 and goals for 25
the district established by the board. The principal shall be the primary 26
administrator and the instructional leader of the school, and with the 27 UNOFFICIAL COPY 24 RS BR 1133
Page 6 of 15
XXXX 2/1/2024 12:43 PM Jacketed
assistance of the total school staff shall administer the policies 1
established by the school council and the local board. 2
2. If a school council establishes committees, it shall adopt a policy to 3
facilitate the participation of interested persons, including, but not 4
limited to, classified employees and parents. The policy shall include the 5
number of committees, their jurisdiction, composition, and the process 6
for membership selection; 7
(d) The school council and each of its committees shall determine the frequency 8
of and agenda for their meetings. Matters relating to formation of school 9
councils that are not provided for by this section shall be addressed by local 10
board policy; 11
(e) The meetings of the school council shall be open to the public and all 12
interested persons may attend. However, the exceptions to open meetings 13
provided in KRS 61.810 shall apply; 14
(f) After receiving notification of the funds available for the school from the local 15
board, the school council shall determine, within the parameters of the total 16
available funds, the number of persons to be employed in each job 17
classification at the school. The council may make personnel decisions on 18
vacancies occurring after the school council is formed but shall not have the 19
authority to recommend transfers or dismissals; 20
(g) The local superintendent shall determine which curriculum, textbooks, 21
instructional materials, and student support services shall be provided or 22
piloted in the school after consulting with the local board of education, the 23
school principal, and the school council and after a reasonable review and 24
response period for stakeholders in accordance with local board of education 25
policy. Subject to available resources, the local board shall allocate an 26
appropriation to each school that is adequate to meet the school's needs 27 UNOFFICIAL COPY 24 RS BR 1133
Page 7 of 15
XXXX 2/1/2024 12:43 PM Jacketed
related to instructional materials and school-based student support services, as 1
determined by the school principal after consultation with the school council. 2
The school council shall consult with the school media librarian on the 3
maintenance of the school library media center, including the purchase of 4
instructional materials, information technology, and equipment; 5
(h) Personnel decisions at the school level shall be as follows: 6
1. From a list of qualified applicants submitted by the local superintendent, 7
the principal at the participating school shall select personnel to fill 8
vacancies, after consultation with the school council, consistent with 9
paragraph (i)11. of this subsection. The superintendent shall provide 10
additional applicants to the principal upon request when qualified 11
applicants are available. The superintendent may forward to the school 12
principal the names of qualified applicants who have pending 13
certification from the Education Professional Standards Board based on 14
recent completion of preparation requirements, out-of-state preparation, 15
or alternative routes to certification pursuant to KRS 161.028 and 16
161.048. Requests for transfer shall conform to any employer-employee 17
bargained contract which is in effect; 18
2. If the vacancy to be filled is the position of principal: 19
a. The superintendent shall fill the vacancy after consultation with 20
the school council consistent with paragraph (i)11. of this 21
subsection; 22
b. Prior to consultation with the school council, each member shall 23
sign a nondisclosure agreement forbidding the disclosure of 24
information shared and discussions held during consultation; 25
c. A person who believes a violation of the nondisclosure agreement 26
referred to in subdivision b. of this subparagraph has occurred may 27 UNOFFICIAL COPY 24 RS BR 1133
Page 8 of 15
XXXX 2/1/2024 12:43 PM Jacketed
file a written complaint with the Kentucky Board of Education; 1
and 2
d. A school council member found to have violated the nondisclosure 3
agreement referred to in subdivision b. of this subparagraph may 4
be subject to removal from the school council by the Kentucky 5
Board of Education under subsection (9)(e) of this section; 6
3. Notwithstanding subparagraph 2. of this paragraph, if the vacancy to be 7
filled is the position of principal in a county school district in a county 8
with a consolidated local government adopted under KRS Chapter 67C, 9
then: 10
a. The outgoing principal shall not serve on the council during the 11
principal selection process. The superintendent or the 12
superintendent's designee shall serve as the chair of the council for 13
the purpose of the hiring process and shall have voting rights 14
during the selection process; 15
b. The council shall have access to the applications of all persons 16
certified for the position. The principal shall be elected on a 17
majority vote of the membership of the council. The school 18
council shall receive training in recruitment and interviewing 19
techniques prior to carrying out the process of selecting a 20
principal. The council shall select the trainer to deliver the 21
training; and 22
c. Notwithstanding the requirement that a principal be elected by a 23
majority vote of the council, the selection of a principal shall be 24
subject to approval by the superintendent. If the superintendent 25
does not approve the principal selected by the council, then the 26
superintendent may select the principal; 27 UNOFFICIAL COPY 24 RS BR 1133
Page 9 of 15
XXXX 2/1/2024 12:43 PM Jacketed
4. No principal who has been previously removed from a position in the 1
district for cause may be considered for appointment as principal in that 2
district; 3
5. Personnel decisions made at the school level under the authority of 4
subparagraph 1. of this paragraph shall be binding on the superintendent 5
who completes the hiring process; 6
6. Applicants subsequently employed shall provide evidence that they are 7
certified prior to assuming the duties of a position in accordance with 8
KRS 161.020; and 9
7. Notwithstanding other provisions of this paragraph, if the applicant is 10
the spouse of the superintendent and the applicant meets the service 11
requirements of KRS 160.380(3)(a), the applicant shall only be 12
employed upon the recommendation of the principal and the approval of 13
a majority vote of the school council; 14
(i) The school council shall adopt a policy that shall be consistent with local 15
board policy and shall be implemented by the principal in the following 16
additional areas: 17
1. Curriculum responsibilities under KRS 158.6453(19); 18
2. Assignment of all instructional and noninstructional staff time; 19
3. Assignment of students to classes and programs within the school; 20
4. Determination of the schedule of the school day and week, subject to the 21
beginning and ending times of the school day and school calendar year 22
as established by the local board; 23
5. Determination of use of school space during the school day related to 24
improving classroom teaching and learning; 25
6. Planning and resolution of issues regarding instructional practices; 26
7. Selection and implementation of discipline and classroom management 27 UNOFFICIAL COPY 24 RS BR 1133
Page 10 of 15
XXXX 2/1/2024 12:43 PM Jacketed
techniques as a part of a comprehensive school safety plan, including 1
responsibilities of the student, parent, teacher, counselor, and principal; 2
8. Selection of extracurricular programs and determination of policies 3
relating to student participation based on academic qualifications and 4
attendance requirements, program evaluation, and supervision; 5
9. Adoption of an emergency plan as required in KRS 158.162; 6
10. Procedures, consistent with local school board policy, for determining 7
alignment with state standards, technology utilization, and program 8
appraisal; and 9
11. Procedures to assist the council with consultation in the selection of the 10
principal by the superintendent, and the selection of personnel by the 11
principal, including but not limited to meetings, timelines, interviews, 12
review of written applications, and review of references. Procedures 13
shall address situations in which members of the council are not 14
available for consultation; and 15
(j) Each school council shall annually review data as shown on state and local 16
student assessments required under KRS 158.6453. The data shall include but 17
not be limited to information on performance levels of all students tested, and 18
information on the performance of students disaggregated by race, gender, 19
disability, and participation in the federal free and reduced price lunch 20
program. After completing the review of data, each school council, with the 21
involvement of parents, faculty, and staff, shall develop and adopt a plan to 22
ensure that each student makes progress toward meeting the goals set forth in 23
KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan 24
to the superintendent and local board of education for review as described in 25
KRS 160.340. The Kentucky Department of Education shall provide each 26
school council the data needed to complete the review required by this 27 UNOFFICIAL COPY 24 RS BR 1133
Page 11 of 15
XXXX 2/1/2024 12:43 PM Jacketed
paragraph no later than October 1 of each year. If a school does not have a 1
council, the review shall be completed by the principal with the involvement 2
of parents, faculty, and staff. 3
(3) The policies adopted by the local board to implement school-based decision making 4
shall also address the following: 5
(a) School budget and administration, including: discretionary funds; activity and 6
other school funds; funds for maintenance, supplies, and equipment; and 7
procedures for authorizing reimbursement for training and other expenses; 8
(b) Assessment of individual student progress, including testing and reporting of 9
student progress to students, parents, the school district, the community, and 10
the state; 11
(c) School improvement plans, including the form and function of strategic 12
planning and its relationship to district planning, as well as the school safety 13
plan and requests for funding from the Center for School Safety under KRS 14
158.446; 15
(d) Professional development plans developed pursuant to KRS 156.095; 16
(e) Parent, citizen, and community participation including the relationship of the 17
council with other groups; 18
(f) Cooperation and collaboration within the district, with other districts, and with 19
other public and private agencies; 20
(g) Requirements for waiver of district policies; 21
(h) Requirements for record keeping by the school council; and 22
(i) A process for appealing a decision made by a school council. 23
(4) In addition to the authority granted to the school council in this section, the local 24
board may grant to the school council any other authority permitted by law. The 25
board shall make available liability insurance coverage for the protection of all 26
members of the school council from liability arising in the course of pursuing their 27 UNOFFICIAL COPY 24 RS BR 1133
Page 12 of 15
XXXX 2/1/2024 12:43 PM Jacketed
duties as members of the council. 1
(5) All schools shall implement school-based decision making in accordance with this 2
section and with the policy adopted by the local board pursuant to this section. 3
Upon favorable vote of a majority of the faculty at the school and a majority of at 4
least twenty-five (25) voting parents of students enrolled in the school, a school 5
meeting its goal as determined by the Department of Education pursuant to KRS 6
158.6455 may apply to the Kentucky Board of Education for exemption from the 7
requirement to implement school-based decision making, and the state board shall 8
grant the exemption. The voting by the parents on the matter of exemption from 9
implementing school-based decision making shall be in an election conducted by 10
the parent and teacher organization of the school or, if none exists, the largest 11
organization of parents formed for this purpose. Notwithstanding the provisions of 12
this section, a local school district shall not be required to implement school-based 13
decision making if the local school district contains only one (1) school. 14
(6) The Department of Education shall provide professional development activities to 15
assist schools in implementing school-based decision making. School council 16
members elected for the first time shall complete a minimum of six (6) clock hours 17
of training in the process of school-based decision making, no later than thirty (30) 18
days after the beginning of the service year for which they are elected to serve. 19
School council members who have served on a school council at least one (1) year 20
shall complete a minimum of three (3) clock hours of training in the process of 21
school-based decision making no later than one hundred twenty (120) days after the 22
beginning of the service year for which they are elected to serve. Experienced 23
members may participate in the training for new members to fulfill their training 24
requirement. School council training required under this subsection shall be 25
conducted by trainers endorsed by the Department of Education. By November 1 of 26
each year, the principal through the local superintendent shall forward to the 27 UNOFFICIAL COPY 24 RS BR 1133
Page 13 of 15
XXXX 2/1/2024 12:43 PM Jacketed
Department of Education the names and addresses of each council member and 1
verify that the required training has been completed. School council members 2
elected to fill a vacancy shall complete the applicable training within thirty (30) 3
days of their election. 4
(7) A school that chooses to have school-based decision making but would like to be 5
exempt from the administrative structure set forth by this section may develop a 6
model for implementing school-based decision making, including but not limited to 7
a description of the membership, organization, duties, and responsibilities of a 8
school council. The school shall submit the model through the local board of 9
education to the commissioner of education and the Kentucky Board of Education, 10
which shall have final authority for approval. The application for approval of the 11
model shall show evidence that it has been developed by representatives of the 12
parents, students, certified personnel, and the administrators of the school and that 13
two-thirds (2/3) of the faculty have agreed to the model. 14
(8) The Kentucky Board of Education, upon recommendation of the commissioner of 15
education, shall adopt by administrative regulation a formula by which school 16
district funds shall be allocated to each school council. Included in the school 17
council formula shall be an allocation for professional development that is at least 18
sixty-five percent (65%) of the district's per pupil state allocation for professional 19
development for each student in average daily attendance in the school. The school 20
council shall plan professional development in compliance with requirements 21
specified in KRS 156.095, except as provided in KRS 158.649. School councils of 22
small schools shall be encouraged to work with other school councils to maximize 23
professional development opportunities. 24
(9) (a) No board member, superintendent of schools, district employee, or member of 25
a school council shall intentionally engage in a pattern of practice which is 26
detrimental to the successful implementation of or circumvents the intent of 27 UNOFFICIAL COPY 24 RS BR 1133
Page 14 of 15
XXXX 2/1/2024 12:43 PM Jacketed
school-based decision making to allow the professional staff members of a 1
school and parents to be involved in the decision making process in working 2
toward meeting the educational goals established in KRS 158.645 and 3
158.6451 or to make decisions in areas of policy assigned to a school council 4
pursuant to paragraph (i) of subsection (2) of this section. 5
(b) An affected party who believes a violation of this subsection has occurred 6
may file a written complaint with the Office of Education Accountability. The 7
office shall investigate the complaint and resolve the conflict, if possible, or 8
forward the matter to the Kentucky Board of Education. 9
(c) The Kentucky Board of Education shall conduct a hearing in accordance with 10
KRS Chapter 13B for complaints referred by the Office of Education 11
Accountability. 12
(d) If the state board determines a violation has occurred, the party shall be 13
subject to reprimand. A second violation of this subsection may be grounds 14
for removing a superintendent or a member of a school council from office or 15
grounds for dismissal of an employee for misconduct in office or willful 16
neglect of duty. 17
(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the 18
state board determines a violation of the nondisclosure agreement required by 19
subsection (2)(h)2.b. of this section by a school council member has occurred, 20
the state board shall remove the member from the school council, and the 21
member shall be permanently prohibited from serving on any school council 22
in the district. 23
(10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or 24
maintain a school-based decision making council and the powers, duties, and 25
authority granted to a school council may be rescinded or the school council's role 26
may be advisory if the commissioner of education or the Kentucky Board of 27 UNOFFICIAL COPY 24 RS BR 1133
Page 15 of 15
XXXX 2/1/2024 12:43 PM Jacketed
Education takes action under KRS 160.346. 1
(11) Each school council of a school containing grades K-5 or any combination thereof, 2
or if there is no school council, the principal, shall develop and implement a 3
wellness policy that includes moderate to vigorous physical activity each day and 4
encourages healthy choices among students. The policy may permit physical 5
activity to be considered part of the instructional day, not to exceed thirty (30) 6
minutes per day, or one hundred and fifty (150) minutes per week. Each school 7
council, or if there is no school council, the principal, shall adopt an assessment tool 8
to determine each child's level of physical activity on an annual basis. The council 9
or principal may utilize an existing assessment program. The Kentucky Department 10
of Education shall make available a list of available resources to carry out the 11
provisions of this subsection. The department shall report to the Legislative 12
Research Commission no later than November 1 of each year on how the schools 13
are providing physical activity under this subsection and on the types of physical 14
activity being provided. The policy developed by the school council or principal 15
shall comply with provisions required by federal law, state law, or local board 16
policy. 17