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AN ACT relating to preschool and kindergarten education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 157.3175 is amended to read as follows: 3
(1) (a) Each local school district shall ensure that a free and developmentally 4
appropriate full-day[half-day] preschool education program is provided for 5
each eligible child. 6
(b) An eligible child is a child who is at risk of educational failure and who is 7
three (3) or four (4) years of age [: 8
(a) By October 1, for any year prior to 2017; or 9
(b) ]by August 1[, for 2017 or any year thereafter]. 10
(c) All other three (3) and four (4) year old children shall be served to the extent 11
placements are available. 12
(2) Children who are at risk of educational failure shall be identified: 13
(a) Based on family income below two hundred percent (200%) of the National 14
School Lunch Program eligibility criteria for free lunch; or 15
(b) As those having a disability in accordance with the Individuals with 16
Disabilities Education Act, 20 U.S.C. sec. 1400 et seq. 17
(3) The Kentucky Board of Education, upon the recommendation of the chief state 18
school officer, shall adopt administrative regulations establishing the guidelines for 19
the preschool education program. Administrative regulations shall establish 20
eligibility criteria, program guidelines, and standards for personnel. 21
(4)[(2)] As used in this section, "developmentally appropriate full-day preschool 22
education program" or "preschool education program" means a program which: 23
(a) Focuses on the physical, intellectual, social, and emotional development of 24
young children; and[. The preschool program shall help] 25
(b) Helps children with their interpersonal and socialization skills. 26
(5) (a)[(3)] Funds appropriated by the General Assembly for [the ]preschool 27 UNOFFICIAL COPY 25 RS BR 1475
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education programs for eligible children three (3) years of age shall be 1
granted to local school districts according to a grant allotment system 2
approved by the Kentucky Board of Education.[ Children who are at risk shall 3
be identified based on the Federal School Lunch Program eligibility criteria 4
for free lunch.] Appropriations shall be separate from all other funds 5
appropriated to the Department of Education and shall be administered in 6
accordance with applicable federal and state statutes and administrative 7
regulations. 8
(b) For the 2025-2026 school year, eligible local school districts shall receive 9
funds based on the average number of preschool children being served on 10
December 1 and March 1 of the prior academic year. 11
(c) For the 2026-2027 school year and school years thereafter, eligible local 12
school districts shall receive funds based on the average number of three (3) 13
year old preschool children being served on December 1 and March 1 of the 14
prior academic year[ who are appropriately identified as: 15
(a) Three (3) and four (4) years of age with disabilities; and 16
(b) Four (4) years of age identified as at risk of educational failure]. 17
(6) Eligible four (4) year old children enrolled in a preschool education program 18
shall be included in the average daily attendance of the elementary school 19
providing preschool education for purposes of funding under KRS 157.310 to 20
157.440. 21
(7) Local school districts may develop cooperative arrangements with other school 22
districts or organizations in accordance with KRS 157.280. 23
[(4) A child shall be eligible for a free and appropriate preschool education and related 24
services if: 25
(a) 1. The child has been identified as a child with a disability in accordance 26
with the Individuals with Disabilities Education Act, 20 U.S.C. secs. 27 UNOFFICIAL COPY 25 RS BR 1475
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1400 et seq.; or 1
2. The child has been identified in accordance with the definitions and 2
procedures for exceptional children and youth in accordance with KRS 3
157.200(1)(a) to (m); and 4
(b) The child is three (3) or four (4) years of age: 5
1. By October 1, for any year before 2017; or 6
2. By August 1, for 2017 or any year thereafter.] 7
(8)[(5)] The chief state school officer shall receive and review proposals from local 8
school districts for grants to operate or oversee the operation of developmentally 9
appropriate preschool education programs. Districts may submit proposals for 10
implementing new services, enhancing existing preschool education services, or 11
contracting for services. In designing a local early childhood education program, 12
each district shall work with existing preschool education programs to avoid 13
duplication of programs and services, to avoid supplanting federal funds, and to 14
maximize Head Start funds in order to serve as many three (3) and four (4) year old 15
children as possible. 16
(9)[(6)] Each preschool education program proposal shall include, at a minimum: 17
(a) A description of the process conducted by the district to ensure that the 18
parents or guardians of all eligible participants have been made aware of the 19
program and of their right to participate; 20
(b) A description of the planned educational programming and related services; 21
(c) The estimated number of children participating in the program; 22
(d) Strategies for involving children with disabilities and continuing their 23
education if the disability is resolved; 24
(e) Estimated ratio of staff to children with the maximum being one (1) adult for 25
each ten (10) children; 26
(f) The estimated percentage of children participating in the program who are at 27 UNOFFICIAL COPY 25 RS BR 1475
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risk of educational failure; 1
(g) Information on the training and qualifications of program staff and 2
documentation that the staff meet required standards; 3
(h) A budget and per-child expenditure estimate; 4
(i) A plan to facilitate active parental involvement in the[ preschool] program, 5
including provisions for complementary parent education when appropriate; 6
(j) Facilities and equipment which are appropriate for young children; 7
(k) The days of the week and hours of a day during which the program shall 8
operate, as specified by the school calendar adopted by the local school 9
board; 10
(l) A plan for coordinating the program with existing medical and social services, 11
including a child development and health screening component; 12
(m) Assurances that participants shall receive breakfast or lunch; 13
(n) Program sites which meet state and local licensure requirements; 14
(o) A plan for coordinating program philosophy and activities with the 15
school[local] district's primary school program; 16
(p) An evaluation component; and 17
(q) A plan for providing transportation services to eligible students[Certification 18
from the local Head Start director that the Head Start program is fully utilized 19
pursuant to subsection (4) of this section]. 20
(7) If the superintendent and local Head Start director are unable to reach an agreement 21
on whether a Head Start program is fully utilized, the superintendent or local Head 22
Start director shall notify the chief state school officer. The local Head Start director 23
shall provide the chief state school officer all information relevant to the utilization 24
of the Head Start program. Within thirty (30) days of notification from the 25
superintendent or local Head Start director, the chief state school officer shall make 26
a determination of whether a Head Start program is fully utilized and may execute 27 UNOFFICIAL COPY 25 RS BR 1475
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the certification required by subsection (6)(q) of this section on behalf of the local 1
Head Start director. 2
(8) Programs shall reflect an equitable geographic distribution representative of all 3
areas of the Commonwealth.] 4
Section 2. KRS 158.031 is amended to read as follows: 5
(1) In this section, "primary school program" or "primary program" means that part of 6
the elementary school program in which children are enrolled from the time they 7
begin school, including enrollment in a preschool education program, as defined 8
in Section 1 of this Act, for four (4) year old children, until they are ready to enter 9
the fourth grade. Notwithstanding any statute to the contrary, successful completion 10
of the primary school program shall be a prerequisite for a child's entrance into 11
fourth grade. 12
(2) The Kentucky Board of Education shall establish, by administrative regulation, 13
methods of verifying successful completion of the primary school program in 14
carrying out the goals of education as described in KRS 158.6451. 15
(3) The primary program shall include the following critical attributes: 16
developmentally appropriate educational practices; multiage and multiability 17
classrooms; continuous progress; authentic assessment; qualitative reporting 18
methods; professional teamwork; and positive parent involvement. 19
(4) Each school council or, if none exists, the school shall determine the organization 20
of its ungraded primary program including the extent to which multiage groups are 21
necessary to implement the critical attributes based on the critical attributes and 22
meeting individual student needs. 23
(5) The implementation of the primary program may take into consideration the 24
necessary arrangements required for students attending part-time and will allow for 25
grouping of students attending their first year of school when determined to be 26
developmentally appropriate. 27 UNOFFICIAL COPY 25 RS BR 1475
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(6) A school district may advance a student through the primary program when it is 1
determined that it is in the best educational interest of the student. A student who is 2
at least five (5) years of age, but less than six (6) years of age, and is advanced in 3
the primary program may be classified as other than a kindergarten student for 4
purposes of funding under KRS 157.310 to 157.440 if the student is determined to 5
have acquired the academic and social skills taught in kindergarten as determined 6
by local board policy in accordance with the process established by Kentucky 7
Board of Education administrative regulation. 8
(7) Data shall be collected by each school district on the number of students, in each 9
school having a primary program, who take: 10
(a) Five (5) years to complete the primary program if original enrollment was in 11
kindergarten; or 12
(b) Six (6) years to complete the primary program if original enrollment was in 13
a preschool education program for four (4) year old children. 14
The data shall be reported in the annual performance report described in KRS 15
158.6453. 16
Section 3. KRS 157.320 is amended to read as follows: 17
As used in KRS 157.310 to 157.440, unless the context otherwise requires: 18
(1) (a) "Average daily attendance" means the aggregate days attended by pupils in a 19
public school, adjusted for weather-related low attendance days if applicable, 20
divided by the actual number of days the school is in session, after the five (5) 21
days with the lowest attendance have been deducted. 22
(b)[(a)] Aggregate days shall include, in addition to the aggregate number of 23
days attended by a pupil who was suspended during a school year, the number 24
of days the pupil was suspended, not to exceed ten (10) days in total for the 25
school year; and 26
(c)[(b)] Aggregate days shall include, in addition to the aggregate number of 27 UNOFFICIAL COPY 25 RS BR 1475
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days attended by a pupil who was expelled for behavioral problems, the 1
number of days the pupil was expelled up to a total of one hundred seventy-2
five (175) days. This total may extend into the next school year and shall be 3
counted in the average daily attendance for the next year; 4
(2) "Base funding level" means a guaranteed amount of revenue per pupil to be 5
provided for each school district, to be used for regular operating and capital 6
expenditures; 7
(3) "Board" means the board of education of any county or independent school district; 8
(4) "District" means any school district as defined by law; 9
(5) "Elementary school" means a school consisting of the primary school program as 10
defined in Section 2 of this Act through grade eight (8)[ as defined in KRS 11
158.030], or any appropriate combination of grades within this range, as determined 12
by the plan of organization for schools authorized by the district board; 13
(6) "Support Education Excellence in Kentucky" means the level of educational 14
services and facilities which is to be provided in each district from the public school 15
fund; 16
(7) ["Kindergarten full-time equivalent pupil in average daily attendance" means each 17
kindergarten pupil counted no more than one-half (1/2) day in the aggregate days 18
attended by kindergarten pupils in a public school divided by the actual number of 19
days school is in session after the five (5) days with the lowest attendance have 20
been deducted. Kindergarten is the entry level of the primary program and shall be 21
provided no less than the equivalent of one-half (1/2) day, five (5) days a week for a 22
full school year for each kindergarten pupil; 23
(8) ]"Public school fund" means the fund created by KRS 157.330 for use in financing 24
education in public elementary and secondary schools; 25
(8)[(9)] "Administrative regulations of the Kentucky Board of Education" means 26
those regulations which the Kentucky Board of Education may adopt upon the 27 UNOFFICIAL COPY 25 RS BR 1475
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recommendation and with the advice of the commissioner of education. The 1
commissioner of education shall recommend administrative regulations necessary 2
for carrying out the purposes of KRS 157.310 to 157.440; 3
(9)[(10)] "Experience" means employment as a teacher, other than as a substitute or 4
nursery school teacher, for a minimum of one hundred forty (140) days during a 5
school year in a public or nonpublic elementary or secondary school or college or 6
university that is approved by the public accrediting authority in the state in which 7
the teaching duties were performed. A teacher who is employed by a board for at 8
least one hundred forty (140) days of a school year and who performs teaching 9
duties for the equivalent of at least seventy (70) full school days during that school 10
year, regardless of the schedule on which those duties were performed, shall be 11
credited with one (1) year of experience. A teacher who is employed by a board for 12
at least one hundred forty (140) days during each of two (2) school years and who 13
performs teaching duties for the equivalent of at least seventy (70) full school days 14
during those years shall be credited with one (1) year of experience. No more than 15
one (1) year of experience shall be credited for the performance of teaching duties 16
during a single school year; 17
(10)[(11)] "Secondary school" means a school consisting of grades seven (7) through 18
twelve (12), or any appropriate combination of grades within this range as 19
determined by the plan of organization for schools authorized by the district board. 20
When grades seven (7) through nine (9) or ten (10) are organized separately as a 21
junior high school, or grades ten (10) through twelve (12) are organized separately 22
as a senior high school and are conducted in separate school plant facilities, each 23
shall be considered a separate secondary school for the purposes of KRS 157.310 to 24
157.440; 25
(11)[(12)] "Single salary schedule" means a schedule adopted by a local board from 26
which all teachers are paid for one hundred eighty-five (185) days and is based on 27 UNOFFICIAL COPY 25 RS BR 1475
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training, experience, and such other factors as the Kentucky Board of Education 1
may approve and which does not discriminate between salaries paid elementary and 2
secondary teachers. If the budget bill contains a minimum statewide salary 3
schedule, no teacher shall be paid less than the amount specified in the biennial 4
budget salary schedule for the individual teacher's educational qualifications and 5
experience; 6
(12)[(13)] "Teacher" means any regular or special teacher, principal, supervisor, 7
superintendent, assistant superintendent, librarian, director of pupil personnel, or 8
other member of the teaching or professional staff engaged in the service of the 9
public elementary and secondary school for whom certification is required as a 10
condition of employment; 11
(13)[(14)] "Percentage of attendance" means the aggregate days attended by pupils in a 12
public school for the school year divided by the aggregate days' membership of 13
pupils in a public school for the school year; 14
(14)[(15)] "Middle school" means a school consisting of grades five (5) through eight (8) 15
or any appropriate combination of grades as determined by the plan of organization 16
for schools authorized by the district board; 17
(15)[(16)] "National board certification salary supplement" means an annual supplement 18
added for the life of the certificate to the base salary of a teacher who attains 19
national board certification; and 20
(16)[(17)] "Weather-related low attendance day" means a school day on which the 21
district's attendance falls below the average daily attendance for the prior year due 22
to inclement weather. The district shall submit a request to substitute the prior 23
year's average daily attendance for its attendance on up to ten (10) designated days, 24
along with documentation that the low attendance was due to inclement weather, 25
for approval by the commissioner of education in accordance with Kentucky Board 26
of Education administrative regulations. 27 UNOFFICIAL COPY 25 RS BR 1475
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Section 4. KRS 157.360 is amended to read as follows: 1
(1) (a) In determining the cost of the program to support education excellence in 2
Kentucky, the statewide guaranteed base funding level, as defined in KRS 3
157.320, shall be computed by dividing the amount appropriated for this 4
purpose by the prior year's statewide average daily attendance. 5
(b) When determining the biennial appropriations for the program, the average 6
daily attendance for each fiscal year shall include an estimate of the number 7
of students graduating early under the provisions of KRS 158.142. 8
(2) Each district shall receive an amount equal to the base funding level for each pupil 9
in average daily attendance in the district in the previous year, except a district shall 10
receive an amount equal to one-half (1/2) of the state portion of the average 11
statewide per pupil guaranteed base funding level for each student who graduated 12
early under the provisions of KRS 158.142. Each district's base funding level shall 13
be adjusted by the following factors: 14
(a) The number of at-risk students in the district. At-risk students shall be 15
identified as those approved for the free lunch program under state and federal 16
guidelines. The number of at-risk students shall be multiplied by a factor to be 17
established by the General Assembly. Funds generated under this paragraph 18
may be used to pay for: 19
1. Alternative programs for students who are at risk of dropping out of 20
school before achieving a diploma; and 21
2. A hazardous duty pay supplement as determined by the local board of 22
education to the teachers who work in alternative programs with 23
students who are violent or assaultive; 24
(b) The number and types of exceptional children in the district as defined by 25
KRS 157.200. Specific weights for each category of exceptionality shall be 26
used in the calculation of the add-on factor for exceptional children;[ and] 27 UNOFFICIAL COPY 25 RS BR 1475
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(c) The number of eligible four (4) year old children enrolled in a preschool 1
education program. The number of eligible four (4) year old children shall 2
be multiplied by a factor to be established by the General Assembly; and 3
(d) Transportation costs. The per-pupil cost of transportation shall be calculated 4
as provided by KRS 157.370. Districts which contract to furnish 5
transportation to students attending nonpublic schools may adopt any payment 6
formula which ensures that no public school funds are used for the 7
transportation of nonpublic students. 8
(3) [Beginning with the 2015-2016 school year and each year thereafter, ]The General 9
Assembly shall annually allocate funds equal to one-half (1/2) of the state portion 10
of the average statewide per pupil guaranteed base funding level for each student 11
who graduated early under the provisions of KRS 158.142 the previous school year 12
to the Kentucky Higher Education Assistance Authority for deposit in the early 13
graduation scholarship trust fund. 14
(4) The program to support education excellence in Kentucky shall be fully 15
implemented by the 1994-95 school year. 16
(5) (a) Except for those schools which have implemented school-based decision 17
making, the commissioner of education shall enforce maximum class sizes for 18
every academic course requirement in all grades except in vocal and 19
instrumental music, and physical education classes. Except as provided in 20
subsection (6) of this section, the maximum number of pupils enrolled in a 21
class shall be as follows: 22
1. Twenty-four (24) in primary grades (kindergarten through third grade); 23
2. Twenty-eight (28) in grade four (4); 24
3. Twenty-nine (29) in grades five (5) and six (6); 25
4. Thirty-one (31) in grades seven (7) to twelve (12). 26
(b) Except for those schools which have implemented school-based decision 27 UNOFFICIAL COPY 25 RS BR 1475
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making, class size loads for middle and secondary school classroom teachers 1
shall not exceed the equivalent of one hundred fifty (150) pupil hours per day. 2
(c) The commissioner of education, upon approval of the Kentucky Board of 3
Education, shall adopt administrative regulations for enforcing this provision. 4
These administrative regulations shall include procedures for a superintendent 5
to request an exemption from the Kentucky Board of Education when unusual 6
circumstances warrant an increased class size for an individual class. A 7
request for an exemption shall include specific reasons for the increased class 8
size with a plan for reducing the class size prior to the beginning of the next 9
school year. A district shall not receive in any one (1) year exemptions for 10
more classes than enroll twenty percent (20%) of the pupils in the primary 11
grades and grades four (4) through eight (8). 12
(d) In all schools the commissioner of education shall enforce the special 13
education maximum class sizes set by administrative regulations adopted by 14
the Kentucky Board of Education. A superintendent may request an 15
exemption pursuant to paragraph (c) of this subsection. A local school council 16
may request a waiver pursuant to KRS 156.160(2). An exemption or waiver 17
shall not be granted if the increased class size will impede any exceptional 18
child from achieving his or her individual education program in the least 19
restrictive environment. 20
(6) In grades four (4) through six (6) with combined grades, the maximum class size 21
shall be the average daily attendance upon which funding is appropriated for the 22
lowest assigned grade in the class. There shall be no exceptions to the maximum 23
class size for combined classes. In combined classes other than the primary grades, 24
no ungraded students shall be placed in a combined class with graded students. In 25
addition, there shall be no more than two (2) consecutive grade levels combined in 26
any one (1) class in grades four (4) through six (6). However, this shall not apply to 27 UNOFFICIAL COPY 25 RS BR 1475
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schools which have implemented school-based decision making. 1
(7) If a local school district, through its admission and release committee, determines 2
that an appropriate program in the least restrictive environment for a particular child 3
with a disability includes either part-time or full-time enrollment with a private 4
school or agency within the state or a public or private agency in another state, the 5
school district shall count as average daily attendance in a public school the time 6
that the child is in attendance at the school or agency, contingent upon approval by 7
the commissioner of education. 8
(8) Pupils attending a center for child learning and study established under an 9
agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose of calculating 10
average daily attendance, be considered as in attendance in the school district in 11
which the child legally resides and which is party to the agreement. For purposes of 12
subsection (1) of this section, teachers who are actually employees of the joint or 13
cooperative action shall be considered as employees of each school district which is 14
a party to the agreement. 15
(9) Program funding shall be increased when the average daily attendance in any 16
district for the first two (2) months of the current school year is greater than the 17
average daily attendance of the district for the first two (2) months of the previous 18
school year. The program funds allotted the district shall be increased by the 19
percent of increase.[ The average daily attendance in kindergarten is the 20
kindergarten full-time equivalent pupils in average daily attendance.] 21
(10) If the average daily attendance for the current school year in any district decreases 22
by ten percent (10%) or more than the average daily attendance for the previous 23
school year, the average daily attendance for purposes of calculating program 24
funding for the next school year shall be increased by an amount equal to two-thirds 25
(2/3) of the decrease in average daily attendance. If the average daily attendance 26
remains the same or decreases in the succeeding school year, the average daily 27 UNOFFICIAL COPY 25 RS BR 1475
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attendance for purposes of calculating program funding for the following school 1
year shall be increased by an amount equal to one-third (1/3) of the decrease for the 2
first year of the decline. 3
(11) If the percentage of attendance of any school district shall have been reduced more 4
than two percent (2%) during the previous school year, the program funding 5
allotted the district for the current school year shall be increased by the difference in 6
the percentage of attendance for the two (2) years immediately prior to the current 7
school year less two percent (2%). 8
(12) (a) Instructional salaries for vocational agriculture classes shall be for twelve (12) 9
months per year. Vocational agriculture teachers shall be responsible for the 10
following program of instruction during the time period beyond the regular 11
school term established by the local board of education: supervision and 12
instruction of students in agriculture experience programs; group and 13
individual instruction of farmers and agribusinessmen; supervision of student 14
members of agricultural organizations who are involved in leadership training 15
or other activity required by state or federal law; or any program of vocational 16
agriculture established by the Department of Education. During extended 17
employment, no vocational agriculture teacher shall receive salary on a day 18
that the teacher is scheduled to attend an institution of higher education class 19
which could be credited toward meeting any certification requirement. 20
(b) Each teacher of agriculture employed shall submit an annual plan for summer 21
program to the local school superintendent for approval. The summer plan 22
shall include a list of tasks to be performed, purposes for each task, and time 23
to be spent on each task. Approval by the local school superintendent shall be 24
in compliance with the guidelines developed by the Department of Education. 25
The supervision and accountability of teachers of vocational agriculture's 26
summer programs shall be the responsibility of the local school 27 UNOFFICIAL COPY 25 RS BR 1475
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superintendent. The local school superintendent shall submit to the 1
commissioner of education a completed report of summer tasks for each 2
vocational agriculture teacher. Twenty percent (20%) of the approved 3
vocational agriculture programs shall be audited annually by the State 4
Department of Education to determine that the summer plan has been properly 5
executed. 6
(13) (a) In allotting program funds for home and hospital instruction, statewide 7
guaranteed base funding, excluding the capital outlay, shall be allotted for 8
each child in average daily attendance in the prior school year who has been 9
properly identified according to Kentucky Board of Education administrative 10
regulations. Attendance shall be calculated pursuant to KRS 11
158.033[157.270] and shall be reported monthly on forms provided by the 12
Department of Education; and 13
(b) Pursuant to administrative regulations of the Kentucky Board of Education, 14
local school districts shall be reimbursed for home and hospital instruction for 15
pupils unable to attend regular school sessions because of short-term health 16
impairments. A reimbursement formula shall be established by administrative 17
regulations to include such factors as a reasonable per hour, per child 18
allotment for teacher instructional time, with a maximum number of funded 19
hours per week, a reasonable allotment for teaching supplies and equipment, 20
and a reasonable allotment for travel expenses to and from instructional 21
assignments, but the formula shall not include an allotment for capital outlay. 22
Attendance shall be calculated pursuant to KRS 158.033[157.270] and shall 23
be reported annually on forms provided by the Department of Education. 24
(14) Except for those schools which have implemented school-based decision making 25
and the school council has voted to waive this subsection, kindergarten aides shall 26
be provided for each twenty-four (24) [full-time equivalent ]kindergarten students 27 UNOFFICIAL COPY 25 RS BR 1475
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enrolled. 1
(15) [Effective July 1, 2001, ]There shall be no deduction applied against the base 2
funding level for any pupil in average daily attendance who spends a portion of his 3
or her school day in a program at a state-operated career and technical education or 4
vocational facility. 5
(16) During a fiscal year, a school district may request that the Department of Education 6
recalculate its funds allocated under this section if the current year average daily 7
attendance for the twenty (20) day school month as defined in KRS 158.060(1) that 8
contains the most days within the calendar month of January exceeds the prior year 9
adjusted average daily attendance plus growth by at least one percent (1%). Any 10
adjustments in the allotments approved under this subsection shall be proportional 11
to the remaining days in the school year and subject to available funds under the 12
program to support education excellence in Kentucky. 13
(17) To calculate the state portion of the program to support education excellence in 14
Kentucky for a school district, the Department of Education shall subtract the local 15
effort required under KRS 157.390(5) from the calculated base funding under the 16
program to support education excellence in Kentucky, as required by this section. 17
The value of the real estate used in this calculation shall be the lesser of the current 18
year assessment or the prior year assessment increased by four percent (4%) plus 19
the value of current year new property. The calculation under this subsection shall 20
be subject to available funds. 21
(18) Notwithstanding any other statute or budget of the Commonwealth language to the 22
contrary, time missed due to shortening days for emergencies may be made up by 23
lengthening school days in the school calendar without any loss of funds under the 24
program to support education excellence in Kentucky. 25
Section 5. KRS 158.030 is amended to read as follows: 26
(1) "Common school" means an elementary or secondary school of the state supported 27 UNOFFICIAL COPY 25 RS BR 1475
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in whole or in part by public taxation. No school shall be deemed a "common 1
school" or receive support from public taxation unless the school is taught by a 2
certified teacher for a minimum school term as defined by KRS 158.070 and every 3
child residing in the district who satisfies the age requirements of this section has 4
had the privilege of attending it. Provided, however, that:[ any child who is six (6) 5
years of age, or who may become six (6) years of age by October 1, shall attend 6
public school or qualify for an exemption as provided by KRS 159.030. Any child 7
who is five (5) years of age, or who may become five (5) years of age by October 1, 8
may enter a primary school program, as defined in KRS 158.031, and may advance 9
through the primary program without regard to age in accordance with KRS 10
158.031(6). 11
(2) Beginning with the 2017-2018 school year, ] 12
(a) Any child who is six (6) years of age, or who may become six (6) years of age 13
by August 1, shall attend public school or qualify for an exemption as 14
provided by KRS 159.030;[.] 15
(b) Any child who is five (5) years of age, or who may become five (5) years of 16
age by August 1, may enter a primary school program, as defined in KRS 17
158.031, and may advance through the primary program without regard to age 18
in accordance with KRS 158.031(6); and 19
(c) Any eligible child as described in Section 1 of this Act who is four (4) years 20
of age may enter a preschool education program, as defined in Section 1 of 21
this Act, for four (4) year old children. 22
(2)[(3)] Each local school board shall adopt a policy to permit a parent or guardian to 23
petition the board to allow a student to attend public school who does not meet the 24
[age ]requirements of subsection (1)[ or (2)] of this section. The policy shall include 25
an evaluation process that will help determine a student's readiness for school and 26
shall ensure that any tuition amount charged under this policy is the same amount 27 UNOFFICIAL COPY 25 RS BR 1475
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charged to a student who meets the [age ]requirements of subsection (1)[ or (2)] of 1
this section. Students enrolled under this policy shall be included in a school's 2
average daily attendance for purposes of funding as provided in KRS 157.310 to 3
157.440. 4
Section 6. KRS 158.060 is amended to read as follows: 5
(1) Twenty (20) school days, or days in which teachers are actually employed in the 6
schoolroom, shall constitute a school month in the common schools. 7
(2) Each full-time teacher shall be provided with a duty-free lunch period each day 8
during the regularly scheduled student lunch period. The duty-free lunch period 9
shall be not less than the length of the lunch period specified in the school calendar 10
approved by the chief state school officer. A full-time teacher may be assigned to 11
lunch room duty during the regularly scheduled student lunch period only for an 12
amount of time equal to the noninstructional time in excess of fifty-five (55) 13
minutes included in the teacher's daily schedule. The calculation of noninstructional 14
time shall not include the teacher's duty-free lunch period, the time teachers are 15
required to be at school prior to the start of the student's instructional day, or the 16
time teachers are required to remain at school after the students are dismissed. 17
(3) Except for children with disabilities and children attending the primary school 18
program who may attend a program of less than six (6) hours per day under policy 19
adopted by the local school district board of education and approved by the 20
commissioner of education and children attending a school district where the local 21
board has approved a schedule that provides at least the equivalent of six (6) hours 22
of daily instruction during the school year, a minimum of six (6) hours of actual 23
school work shall constitute a school day. [Kindergarten programs may be operated 24
for less than six (6) hours without state board approval. ]The Kentucky Board of 25
Education, upon recommendation of the chief state school officer, shall develop and 26
approve regulations governing make up by school districts of whole days missed 27 UNOFFICIAL COPY 25 RS BR 1475
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due to emergencies, or partial days missed as a result of shortening regularly 1
scheduled school days due to emergencies. 2
(4) Teachers shall be provided additional time for nonteaching activities. The 3
nonteaching time shall be used to provide teachers opportunities for professional 4
development activities as provided in KRS 156.095, instructional planning, school-5
based decision making as provided in KRS 160.345, curriculum development, and 6
outreach activities involving their students' families and the community. 7
(5) Character education programs and activities shall be considered valuable and 8
legitimate components of the actual school work constituting a school day under 9
subsection (3) of this section. 10
Section 7. KRS 160.1596 is amended to read as follows: 11
(1) (a) For purposes of this section, a member of the board of directors of a public 12
charter school shall be considered an officer under KRS 61.040 and shall, 13
within sixty (60) days of final approval of an application, take an oath of 14
office as required under KRS 62.010. 15
(b) Within seventy-five (75) days of the final approval of an application, the 16
board of directors and the authorizer shall enter into a binding charter contract 17
that establishes the academic and operational performance expectations and 18
measures by which the public charter school will be evaluated. 19
(c) The executed charter contract shall become the final authorization for the 20
public charter school. The charter contract shall include: 21
1. The term of the contract; 22
2. The agreements relating to each item required under KRS 160.1592(3) 23
and 160.1593(3), as modified or supplemented during the approval 24
process; 25
3. The rights and duties of each party; 26
4. The administrative relationship between the authorizer and the public 27 UNOFFICIAL COPY 25 RS BR 1475
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charter school; 1
5. The allocation of state, local, and federal funds, and the schedule to 2
disburse funds to the public charter school by the authorizer; 3
6. The process the authorizer will use to provide ongoing oversight, 4
including a process to conduct annual site visits; 5
7. The specific commitments of the public charter school authorizer 6
relating to its obligations to oversee, monitor the progress of, and 7
supervise the public charter school; 8
8. The process and criteria the authorizer will use to annually monitor and 9
evaluate the overall academic, operating, and fiscal conditions of the 10
public charter school, including the process the authorizer will use to 11
oversee the correction of any deficiencies found in the annual review; 12
9. The process for revision or amendment to the terms of the charter 13
contract agreed to by the authorizer and the board of directors of the 14
public charter school; 15
10. The process agreed to by the authorizer and the board of directors of the 16
public charter school that identifies how disputes between the authorizer 17
and the board will be handled; and 18
11. Any other terms and conditions agreed to by the authorizer and the 19
board of directors, including pre-opening conditions. Reasonable 20
conditions shall not include enrollment caps or operational requirements 21
that place undue constraints on a public charter school or are 22
contradictory to the provisions of KRS 160.1590 to 160.1599 and 23
161.141. Such conditions, even when incorporated in a charter contract, 24
shall be considered unilaterally imposed conditions. 25
(d) 1. The performance provisions within a charter contract shall be based on a 26
performance framework that sets forth the academic and operational 27 UNOFFICIAL COPY 25 RS BR 1475
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performance indicators, measures, and metrics to be used by the 1
authorizer to evaluate each public charter school. The performance 2
framework shall include at a minimum indicators, measures, and metrics 3
for: 4
a. Student academic proficiency; 5
b. Student academic growth; 6
c. Achievement gaps in both student proficiency and student growth 7
for student subgroups, including race, sex, socioeconomic status, 8
and areas of exceptionality; 9
d. Student attendance; 10
e. Student suspensions; 11
f. Student withdrawals; 12
g. Student exits; 13
h. Recurrent enrollment from year to year; 14
i. College or career readiness at the end of grade twelve (12); 15
j. Financial performance and sustainability; and 16
k. Board of directors' performance and stewardship, including 17
compliance with all applicable statutes, administrative regulations, 18
and terms of the charter contract. 19
2. The performance framework shall allow the inclusion of additional 20
rigorous, valid, and reliable indicators proposed by a public charter 21
school to augment external evaluations of its performance. The proposed 22
indicators shall be consistent with the purposes of KRS 160.1590 to 23
160.1599 and 161.141 and shall be negotiated with the authorizer. 24
3. The performance framework shall require the disaggregation of student 25
performance data by subgroups, including race, sex, socioeconomic 26
status, and areas of exceptionality. 27 UNOFFICIAL COPY 25 RS BR 1475
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4. The authorizer shall be responsible for collecting, analyzing, and 1
reporting to the state board all state-required assessment and 2
achievement data for each public charter school it oversees. 3
(e) Annual student achievement performance targets shall be set, in accordance 4
with the state accountability system, by each public charter school in 5
conjunction with its authorizer, and those measures shall be designed to help 6
each school meet applicable federal, state, and authorizer goals. 7
(f) The charter contract shall be signed by the chair of the governing board of the 8
authorizer and the chair of the board of directors of the public charter school. 9
An approved charter application shall serve as a charter contract for the public 10
charter school. 11
(g) No public charter school may commence operations without a charter contract 12
executed according to this section and approved in an open meeting of the 13
governing board of the authorizer. 14
(2) Within five (5) days after entering into a charter contract, a copy of the executed 15
contract shall be submitted by the authorizer to the commissioner of education. 16
(3) For the purposes of local and state funding, a public charter school shall serve as a 17
school of the district of location. 18
(4) For the purposes of federal funding, a public charter school shall serve as a local 19
education agency. 20
(5) All students enrolled in a public charter school shall be included in the average 21
daily attendance calculation under KRS 157.360 and the aggregate and average 22
daily attendance of transported pupils calculation under KRS 157.370 of the district 23
of location in the same manner as any other public schools in the district and shall 24
be reported by the public charter schools to the school district and state Department 25
of Education for purposes of calculating the state and local share of funding for 26
each public charter school. 27 UNOFFICIAL COPY 25 RS BR 1475
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(6) Notwithstanding the formula for allocating district funds under KRS 160.345(8) 1
and any other statute governing a district's funding of schools, unless an authorizing 2
district agrees to provide a larger sum of funding in the charter contract, after local 3
capital outlay funds that are restricted in use pursuant to KRS 157.420(4) and funds 4
under KRS 157.440(1)(b) and 157.621 necessary to meet debt service obligations 5
on bonds or other financing mechanisms for new construction and renovation 6
projects for school facilities are excluded, and before any other funds are budgeted 7
for district use, a district shall transfer to each of the public charter schools located 8
within the district: 9
(a) The amount that is proportional to the public charter school's enrollment or 10
average daily attendance in comparison with the overall district qualifying 11
numbers for: 12
1. Funds that are related to students' attendance and enrollment and 13
allocated to the district of location pursuant to KRS 157.360; 14
2. Any add-on or funding factors provided for in the state budget; 15
3. Any add-on or funding factors provided for by the Kentucky 16
Department of Education; and 17
4. Funds pursuant to KRS 157.360(2)(a), [and ](b), and (c) and (13)(a). 18
For each funding source identified in this paragraph, the transfer amount shall 19
be based on the public charter school's qualifying student enrollment or 20
average daily attendance, depending on the method used in the funding 21
source's calculation; 22
(b) On a proportionate per pupil basis: 23
1. Education funds allocated to the school district pursuant to KRS 24
157.440(1)(a) and (2)(a), or pursuant to any applicable federal statute; 25
and 26
2. All taxes and payments in lieu of taxes transferred to the district of 27 UNOFFICIAL COPY 25 RS BR 1475
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location or levied and collected by the district of location; and 1
(c) On a proportionate per pupil transported basis, transportation funds calculated 2
pursuant to KRS 157.360(2)(d)[(c)] and 157.370 and distributed to the district 3
of location, unless the school district provides transportation to students 4
attending the public charter school under written terms agreed upon by the 5
district and the public charter school in either the charter contract or, if the 6
district is not the public charter school's authorizer, a separate agreement. 7
(7) (a) If transportation funds are transferred under this section to a public charter 8
school, then the public charter school receiving those funds shall provide 9
transportation services to the enrolled students residing within the district of 10
location. 11
(b) If funds designated for providing additional services to specific students are 12
transferred under this section, then the public charter school receiving those 13
funds shall provide those services in the same manner as the district of 14
location. 15
(c) If transportation services are not provided by the public charter school and no 16
written agreement to provide transportation services with the district of 17
location exists, then no transportation funds shall be transferred and the 18
district of location shall not be responsible for providing transportation to the 19
public charter school's students. 20
(8) Notwithstanding the identification of funds to be transferred in this section, a 21
collaborative among local school boards authorizing a public charter school may 22
negotiate among the local boards and a charter applicant to identify the amount of 23
funds to be transferred to the public charter school. The agreement shall be detailed 24
in the charter contract. 25
(9) (a) For the calculation of amounts under subsections (6) and (7) of this section 26
during the first school year of operation of a public charter school in a school 27 UNOFFICIAL COPY 25 RS BR 1475
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district, beginning with the start of instruction: 1
1. The public charter school's average daily attendance shall be calculated 2
based on a projection of the public charter school's enrollment and the 3
district's overall average daily attendance; 4
2. The public charter school's aggregate daily attendance of students 5
transported shall be calculated based on a projection of the public 6
charter school's enrollment and transportation plan and the district's 7
overall aggregate daily attendance of students transported; and 8
3. The amounts attributable to each individual student's attendance at the 9
public charter school shall be calculated based on a projection of the 10
public charter school's enrollment and demographics and the district's 11
overall enrollment and demographics. 12
(b) The calculations shall be adjusted in January of the first school year of 13
operation to reflect the first semester's actual data. Subsequent years of 14
operation shall be calculated using actual data from the prior school year. 15
(10) (a) Funds identified for transfer under this section shall be transferred by a district 16
of location to each of the public charter schools located within the district. 17
However, up to three percent (3%) of the funds identified under this section 18
for transfer to a public charter school may be retained by an authorizer as an 19
authorizer fee. 20
(b) If the authorizer of a public charter school does not include the local board of 21
education of the district of location, then the district of location shall transfer 22
the authorizer fee to the public charter school's authorizer. 23
(c) If the Kentucky Board of Education requires the authorization of a public 24
charter school on appeal from an authorizer, the board shall receive twenty-25
five percent (25%) of the authorizing fee for the duration of joint oversight 26
required by KRS 160.1595. 27 UNOFFICIAL COPY 25 RS BR 1475
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(11) Funds identified for transfer by a district of location to a public charter school under 1
this section shall be transferred throughout the school year according to a schedule 2
determined by the state board. The scheduled dates shall be within thirty (30) days 3
of the dates of state disbursement of funds to school districts. Failure to transfer 4
required funds shall, for every five (5) days late, result in a fine to the violator of 5
not less than five percent (5%) of the total funds per funding period to be 6
transferred. Fines imposed shall be transferred to the public charter school affected 7
by the delay. 8
(12) A public charter school shall be eligible for federal and state competitive grants and 9
shall not be excluded from an opportunity to apply or participate so long as the 10
public charter school meets the criteria established for the respective grants. Each 11
public charter school that receives grant aid shall comply with all requirements to 12
receive such aid. 13
(13) A public charter school shall receive a proportionate per pupil share of any state 14
moneys not otherwise identified in this section that is received by the school district 15
of location. The public charter school shall also receive, according to federal law, 16
moneys generated under federal categorical aid programs for students that are 17
eligible for the aid and attending the public charter school. Each public charter 18
school that receives such aid shall comply with all requirements to receive such aid. 19
(14) The commissioner of education shall apply for all federal funding that supports 20
charter school initiatives for which a state must be the applicant and shall cooperate 21
with any public charter school in its efforts to seek federal funding. 22
(15) If a public charter school closes for any reason, the assets of the school shall be 23
distributed first to satisfy outstanding payroll obligations for employees of the 24
school, then to the creditors of the school, then to the district of location or 25
authorizing districts if authorized by a collaborative of local boards of education. If 26
the assets are insufficient to satisfy outstanding obligations, the authorizer shall 27 UNOFFICIAL COPY 25 RS BR 1475
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petition to Circuit Court of the county in which the public charter school is located 1
to prioritize the distribution of assets. 2
(16) The state board shall promulgate administrative regulations to: 3
(a) Establish the process to be used to evaluate the performance of a charter 4
school authorizer, based upon the requirements of KRS 160.1590 to 160.1599 5
and 161.141, and the actions to be taken in response to failures in 6
performance; and 7
(b) Govern the calculation and distribution of funds due to public charter schools 8
from school districts, the schedule of distribution of funds, and the imposition 9
of fines for late distribution of funds. 10
(17) [By August 31, 2023, and annually thereafter, ]Each public charter school 11
authorizer shall submit annually to the commissioner of education, the secretary of 12
the Education and Labor Cabinet, and the Interim Joint Committee on Education a 13
report to include: 14
(a) The names of each public charter school operating under contract with the 15
authorizer during the previous academic year that: 16
1. Closed during or after the academic year; or 17
2. Had the contract nonrenewed or revoked; 18
(b) The names of each public charter school operating under contract with the 19
authorizer during the previous academic year that have not yet begun to 20
operate; 21
(c) The number of applications received, the number reviewed, and the number 22
approved; 23
(d) A summary of the academic and financial performance of each public charter 24
school operated under contract with the authorizer during the previous 25
academic year; and 26
(e) The authorizing duties and functions performed by the authorizer during the 27 UNOFFICIAL COPY 25 RS BR 1475
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previous academic year. 1