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AN ACT relating to school calendars. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 158.070 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Election" has the same meaning as in KRS 121.015; 5
(b) "Minimum school term" or "school term" means not less than one hundred 6
eighty-five (185) days composed of the student attendance days, teacher 7
professional days, and holidays; 8
(c) "School calendar" means the document adopted by a local board of education 9
that establishes the minimum school term, student instructional year[ or 10
variable student instructional year], and days that school will not be in 11
session; 12
(d) "School district calendar committee" means a committee that includes at least 13
the following: 14
1. One (1) school district principal; 15
2. One (1) school district office administrator other than the 16
superintendent; 17
3. One (1) member of the local board of education; 18
4. Two (2) parents of students attending a school in the district; 19
5. One (1) school district elementary school teacher; 20
6. One (1) school district middle or high school teacher; 21
7. Two (2) school district classified employees; and 22
8. Two (2) community members from the local chamber of commerce, 23
business community, or tourism commission; 24
(e) "Student attendance day" means any day that students are scheduled to be at 25
school to receive instruction, and encompasses the designated start and 26
dismissal time; 27 UNOFFICIAL COPY 24 RS BR 970
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(f) "Student instructional year" means at least one thousand sixty-two (1,062) 1
hours of instructional time for students delivered on not less than the number 2
of[one hundred seventy (170)] student attendance days adopted by the local 3
board of education; and 4
(g) "Teacher professional day" means any day teachers are required to report to 5
work as determined by a local board of education, with or without the 6
presence of students[; and 7
(h) "Variable student instructional year" means at least one thousand sixty-two 8
(1,062) hours of instructional time delivered on the number of student 9
attendance days adopted by a local board of education which shall be 10
considered proportionally equivalent to one hundred seventy (170) student 11
attendance days and calendar days for the purposes of a student instructional 12
year, employment contracts that are based on the school term, service credit 13
under KRS 161.500, and funding under KRS 157.350]. 14
(2) (a) The local board of education, upon recommendation of the local school 15
district superintendent, shall annually appoint a school district calendar 16
committee to review, develop, and recommend school calendar options. 17
(b) The school district calendar committee, after seeking feedback from school 18
district employees, parents, and community members, shall recommend 19
school calendar options to the local school district superintendent for 20
presentation to the local board of education. The committee's 21
recommendations shall comply with state laws and regulations and consider 22
the economic impact of the school calendar on the community and the state. 23
(c) Prior to adopting a school calendar, the local board of education shall hear for 24
discussion the school district calendar committee's recommendations and the 25
recommendation of the superintendent at a meeting of the local board of 26
education. 27 UNOFFICIAL COPY 24 RS BR 970
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(d) During a subsequent meeting of the local board of education, the local board 1
shall adopt a school calendar for the upcoming school year that establishes the 2
opening and closing dates of the school term, beginning and ending dates of 3
each school month, the number of student attendance days, and days on 4
which schools shall be dismissed. The school calendar shall not have the 5
first student attendance day of the school year scheduled prior to September 6
1. The local board shall set the length of student attendance days, but a 7
student attendance day shall not contain more than seven (7) hours of 8
instructional time unless the local board submitted and received approval 9
from the commissioner of education. The local board may schedule days for 10
breaks in the school calendar that shall not be counted as a part of the 11
minimum school term. 12
(e) For local board of education meetings described in paragraphs (c) and (d) of 13
this subsection, if the meeting is a regular meeting, notice shall be given to 14
media outlets that have requests on file to be notified of special meetings 15
stating the date of the regular meeting and that one (1) of the items to be 16
considered in the regular meeting will be the school calendar. The notice shall 17
be sent at least twenty-four (24) hours before the regular meeting. This 18
requirement shall not be deemed to make any requirements or limitations 19
relating to special meetings applicable to the regular meeting. 20
[(f) A local school board of education that adopts a school calendar with the first 21
student attendance day in the school term starting no earlier than the Monday 22
closest to August 26 may use a variable student instructional year. Districts 23
may set the length of individual student attendance days in a variable student 24
instructional schedule, but no student attendance day shall contain more than 25
seven (7) hours of instructional time unless the district submitted and received 26
approval from the commissioner of education for an innovative alternative 27 UNOFFICIAL COPY 24 RS BR 970
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calendar.] 1
(3) (a) Each local board of education shall use four (4) days of the minimum school 2
term for professional development and collegial planning activities for the 3
professional staff without the presence of students pursuant to the 4
requirements of KRS 156.095. At the discretion of the superintendent, one (1) 5
day of professional development may be used for district-wide activities and 6
for training that is mandated by federal or state law. The use of three (3) days 7
shall be planned by each school council, except that the district is encouraged 8
to provide technical assistance and leadership to school councils to maximize 9
existing resources and to encourage shared planning. 10
(b) At least one (1) hour of self-study review of seizure disorder materials shall 11
be required for all principals, guidance counselors, and teachers hired after 12
July 1, 2019. 13
(c) 1. A local board may approve a school's flexible professional development 14
plan that permits teachers or other certified personnel within a school to 15
participate in professional development activities outside the days 16
scheduled in the school calendar or the regularly scheduled hours in the 17
school work day and receive credit towards the four (4) day professional 18
development requirement within the minimum one hundred eighty-five 19
(185) days that a teacher shall be employed. 20
2. A flexible schedule option shall be reflected in the school's professional 21
development component within the school improvement plan and 22
approved by the local board. Credit for approved professional 23
development activities may be accumulated in periods of time other than 24
full day segments. 25
3. No teacher or administrator shall be permitted to count participation in a 26
professional development activity under the flexible schedule option 27 UNOFFICIAL COPY 24 RS BR 970
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unless the activity is related to the teacher's classroom assignment and 1
content area, or the administrator's job requirements, or is required by 2
the school improvement plan, or is tied to the teacher's or the 3
administrator's individual growth plan. The supervisor shall give prior 4
approval and shall monitor compliance with the requirements of this 5
paragraph. In the case of teachers, a professional development 6
committee or the school council by council policy may be responsible 7
for reviewing requests for approval. 8
(d) The local board of each school district may use up to a maximum of four (4) 9
days of the minimum school term for holidays; provided, however, any 10
holiday which occurs on Saturday may be observed on the preceding Friday. 11
(e) Each local board may use two (2) days for planning activities without the 12
presence of students. 13
(f) Each local board may close schools for the number of days deemed necessary 14
for: 15
1. National or state emergency or mourning when proclaimed by the 16
President of the United States or the Governor of the Commonwealth of 17
Kentucky; 18
2. Local emergency which would endanger the health or safety of children; 19
and 20
3. Mourning when so designated by the local board of education and 21
approved by the Kentucky Board of Education upon recommendation of 22
the commissioner of education. 23
(4) (a) The Kentucky Board of Education, upon recommendation of the 24
commissioner of education, shall adopt administrative regulations governing 25
the use of student attendance days as a result of a local emergency, as 26
described in subsection (3)(f)2. of this section, and regulations setting forth 27 UNOFFICIAL COPY 24 RS BR 970
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the guidelines and procedures to be observed for the approval of waivers from 1
the requirements of a student instructional year in subsection (1)(f) of this 2
section for districts that wish to adopt innovative instructional calendars, or 3
for circumstances that would create extreme hardship. 4
(b) If a local board of education amends its school calendar after its adoption due 5
to an emergency, it may lengthen or shorten any remaining student attendance 6
days by thirty (30) minutes or more, as it deems necessary, provided the 7
amended calendar complies with the requirements of a student instructional 8
year in subsection (1)(f) of this section[ or a variable student instructional year 9
in subsection (1)(h) of this section]. No student attendance day shall contain 10
more than seven (7) hours of instructional time unless the district submitted 11
and received approval from the commissioner of education[ for an innovative 12
alternative calendar]. 13
(5) (a) 1. In setting the school calendar, school may be closed for two (2) 14
consecutive days for the purpose of permitting professional school 15
employees to attend statewide professional meetings. 16
2. These two (2) days for statewide professional meetings may be 17
scheduled to begin with the first Thursday after Easter, or upon request 18
of the statewide professional education association having the largest 19
paid membership, the commissioner of education may designate 20
alternate dates. 21
3. If schools are scheduled to operate during days designated for the 22
statewide professional meeting, the school district shall permit 23
employees who are delegates to attend as compensated professional 24
leave time and shall employ substitute teachers in their absence. 25
4. The commissioner of education shall designate one (1) additional day 26
during the school year when schools may be closed to permit 27 UNOFFICIAL COPY 24 RS BR 970
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professional school employees to participate in regional or district 1
professional meetings. 2
5. These three (3) days so designated for attendance at professional 3
meetings may be counted as a part of the minimum school term. 4
(b) 1. If any school in a district is used as a polling place, the school district 5
shall be closed on the day of the election, and those days may be used 6
for professional development activities, professional meetings, or 7
parent-teacher conferences. 8
2. A district may be open on the day of an election if no school in the 9
district is used as a polling place. 10
(c) All schools shall be closed on the third Monday of January in observance of 11
the birthday of Martin Luther King, Jr. Districts may: 12
1. Designate the day as one (1) of the four (4) holidays permitted under 13
subsection (3)(d) of this section; or 14
2. Not include the day in the minimum school term specified in subsection 15
(1) of this section. 16
(6) (a) The Kentucky Board of Education, or the organization or agency designated 17
by the board to manage interscholastic athletics, shall be encouraged to 18
schedule athletic competitions outside the regularly scheduled student 19
attendance day. 20
(b) Any member of a school-sponsored interscholastic athletic team who 21
competes in a regional tournament or state tournament sanctioned by the 22
Kentucky Board of Education, or the organization or agency designated by the 23
board to manage interscholastic athletics, and occurring on a regularly 24
scheduled student attendance day may be counted present at school on the 25
date or dates of the competition, as determined by local board policy, for a 26
maximum of two (2) days per student per year. The student shall be expected 27 UNOFFICIAL COPY 24 RS BR 970
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to complete any assignments missed on the date or dates of the competition. 1
(c) The school attendance record of any student for whom paragraph (b) of this 2
subsection applies shall indicate that the student was in attendance on the date 3
or dates of competition. 4
(7) Schools shall provide continuing education for those students who are determined 5
to need additional time to achieve the outcomes defined in KRS 158.6451, and 6
schools shall not be limited to the minimum school term in providing this 7
education. Continuing education time may include extended days, extended weeks, 8
or extended years. A local board of education may adopt a policy requiring its 9
students to participate in continuing education. The local policy shall set out the 10
conditions under which attendance will be required and any exceptions which are 11
provided. The Kentucky Board of Education shall promulgate administrative 12
regulations establishing criteria for the allotment of grants to local school districts 13
and shall include criteria by which the commissioner of education may approve a 14
district's request for a waiver to use an alternative service delivery option, including 15
providing services during the student attendance day on a limited basis. These 16
grants shall be allotted to school districts to provide instructional programs for 17
pupils who are identified as needing additional time to achieve the outcomes 18
defined in KRS 158.6451. A school district that has a school operating a model 19
early reading program under KRS 158.792 may use a portion of its grant money as 20
part of the matching funds to provide individualized or small group reading 21
instruction to qualified students outside of the regular classroom during the student 22
attendance day. 23
(8) Notwithstanding any other statute, each school term shall include no less than the 24
equivalent of the student instructional year in subsection (1)(f) of this section[, or a 25
variable student instructional year in subsection (1)(h) of this section,] except that 26
the commissioner of education may grant up to the equivalent of ten (10) student 27 UNOFFICIAL COPY 24 RS BR 970
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attendance days for school districts that have a nontraditional instruction plan 1
approved by the commissioner of education on days when the school district is 2
closed for health or safety reasons. The district's plan shall indicate how the 3
nontraditional instruction process shall be a continuation of learning that is 4
occurring on regular student attendance days. Instructional delivery methods, 5
including the use of technology, shall be clearly delineated in the plan. Average 6
daily attendance for purposes of Support Education Excellence in Kentucky 7
program funding during the student attendance days granted shall be calculated in 8
compliance with administrative regulations promulgated by the Kentucky Board of 9
Education. 10
(9) The Kentucky Board of Education shall promulgate administrative regulations to 11
prescribe the conditions and procedures for districts to be approved for the 12
nontraditional instruction program. Administrative regulations promulgated by the 13
board under this section shall specify: 14
(a) The application, plan review, approval, and amendment process; 15
(b) Reporting requirements for districts approved for the program, which may 16
include but are not limited to examples of student work, lesson plans, teacher 17
work logs, and student and teacher participation on nontraditional instruction 18
days. Documentation to support the use of nontraditional instruction days 19
shall include clear evidence of learning continuation; 20
(c) Timelines for initial approval as a nontraditional instruction district, length of 21
approval, the renewal process, and ongoing evaluative procedures required of 22
the district; 23
(d) Reporting and oversight responsibilities of the district and the Kentucky 24
Department of Education, including the documentation required to show clear 25
evidence of learning continuation during nontraditional instruction days; and 26
(e) Other components deemed necessary to implement this section. 27 UNOFFICIAL COPY 24 RS BR 970
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(10) Notwithstanding the provisions of KRS 158.060(3) and the provisions of subsection 1
(2) of this section, a school district shall arrange bus schedules so that all buses 2
arrive in sufficient time to provide breakfast prior to the beginning of the student 3
attendance day. The superintendent of a school district that participates in the 4
Federal School Breakfast Program may also authorize up to fifteen (15) minutes of 5
the student attendance day to provide the opportunity for children to eat breakfast 6
during instructional time. 7
(11) Notwithstanding any other statute to the contrary, the following provisions shall 8
apply to a school district that misses student attendance days due to emergencies, 9
including weather-related emergencies: 10
(a) A certified school employee shall be considered to have fulfilled the 11
minimum one hundred eighty-five (185) day contract with a school district 12
under KRS 157.350 and shall be given credit for the purpose of calculating 13
service credit for retirement under KRS 161.500 for certified school personnel 14
if: 15
1. State and local requirements under this section are met regarding the 16
equivalent of the number and length of student attendance days, teacher 17
professional days, professional development days, holidays, and days 18
for planning activities without the presence of students; and 19
2. The provisions of the district's school calendar to make up student 20
attendance days missed due to any emergency, as approved by the 21
Kentucky Department of Education when required, including but not 22
limited to a provision for additional instructional time per day, are met. 23
(b) Additional time worked by a classified school employee shall be considered 24
as equivalent time to be applied toward the employee's contract and 25
calculation of service credit for classified employees under KRS 78.615 if: 26
1. The employee works for a school district with a school calendar 27 UNOFFICIAL COPY 24 RS BR 970
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approved by the Kentucky Department of Education that contains a 1
provision that additional instructional time per day shall be used to make 2
up full days missed due to an emergency; 3
2. The employee's contract requires a minimum six (6) hour work day; and 4
3. The employee's job responsibilities and work day are extended when the 5
instructional time is extended for the purposes of making up time. 6
(c) Classified employees who are regularly scheduled to work less than six (6) 7
hours per day and who do not have additional work responsibilities as a result 8
of lengthened student attendance days shall be excluded from the provisions 9
of this subsection. These employees may be assigned additional work 10
responsibilities to make up service credit under KRS 78.615 that would be 11
lost due to lengthened student attendance days. 12
(12) If a district adopts a calendar with less than one hundred seventy (170) student 13
attendance days, those days shall be considered proportionally equivalent to the 14
one hundred seventy (170) student attendance days and calendar days for the 15
purposes of employment contracts that are based on the school term, service 16
credit under KRS 161.500, and funding under KRS 157.350. 17