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AN ACT relating to students. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 159 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A parent, guardian, or other person with custody of a child subject to compulsory 5
attendance under this chapter may partially satisfy the compulsory attendance 6
requirements by enrolling the child as a student in a public school district on a 7
part-time basis for courses offered in the district's schools. If the child: 8
(a) Is a resident of the district, the district shall assign the child to a school and 9
enroll the child in the requested courses subject to the same policies and 10
procedures used in assigning and enrolling other resident students; or 11
(b) Is not a resident of the district, the child shall be subject to the district's 12
nonresident pupil policy required in Section 2 of this Act in the same 13
manner as other nonresident pupils. 14
(2) If a part-time student enrolled under subsection (1) of this section wishes to 15
enroll into a specific educational program offered to other students by a school, 16
then the part-time student shall be subject to the same eligibility requirements, 17
responsibilities, or standards as other students. 18
(3) Any part-time student enrolled in a school under subsection (1) of this section 19
may participate in school activities and extracurricular activities in the same 20
manner and subject to the same rules, policies, or standards as full-time students. 21
(4) The Kentucky Board of Education shall promulgate administrative regulations in 22
accordance with KRS Chapter 13A as necessary to carry out this section. 23
Section 2. KRS 158.120 is amended to read as follows: 24
(1) [By July 1, 2022, a]Each board of education shall adopt a nonresident pupil policy 25
to govern the terms under which the district shall allow enrollment of nonresident 26
pupils. Upon allowing nonresident pupil enrollment, the policy shall allow 27 UNOFFICIAL COPY 25 RS BR 1491
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nonresident children to be eligible to enroll in any public school located within the 1
district. The policy shall not discriminate against any pupil on the basis of 2
residential address, abilities, disability, race, ethnicity, sex, or socioeconomic 3
status[between nonresident pupils, but may recognize enrollment capacity, as 4
determined by the local school district]. The nonresident pupil policy and any 5
subsequent changes adopted by a board of education shall be filed with the 6
Kentucky Department of Education no later than thirty (30) days following their 7
adoption and posted on the district's website. 8
(2) A[Any] board of education shall not[may] charge a [reasonable ]tuition fee for 9
a[per month for each] child attending its schools[ whose parent, guardian, or other 10
legal custodian is not a bona fide resident of the district. Any controversy as to the 11
fee shall be submitted to the Kentucky Board of Education for final settlement. The 12
fee shall be paid by the board of education of the school district in which the pupil 13
resides, except in cases where the board makes provision for the child's education 14
within his or her district. If a board of education is required to pay a pupil's tuition 15
fee, the pupil shall be admitted to a school only upon proper certificate of the board 16
of education of the district in which he or she resides]. 17
(3) When it appears to the board of education of any school district that it is convenient 18
for a pupil of any grade residing in that district to attend an approved public school 19
in another district, the board of education may enter into a tuition contract with the 20
public school authorities of the other school district for that purpose, but before a 21
contract is entered into with public school authorities in another state the school 22
shall have been approved by the state school authorities of that state through the 23
grades in which the pupil belongs. When a district undertakes, under operation of a 24
tuition contract or of law, to provide in its school for pupils residing in another 25
district, the district of their residence shall share the total cost of the school, 26
including transportation when furnished at public expense, in proportion to the 27 UNOFFICIAL COPY 25 RS BR 1491
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number of pupils or in accordance with contract agreement between the two (2) 1
boards. 2
(4) Each board of education shall adopt policies to calculate and determine the 3
enrollment capacity of each grade level at each school. The calculated capacities, 4
current enrollments, and available vacancies shall be posted on the district's 5
website. The calculation shall be updated monthly. The board of education's 6
policies shall require that at least ten percent (10%) of the maximum class sizes 7
established in KRS 157.360 shall be reserved for the enrollment of nonresident 8
pupils. 9
(5) A board of education's nonresident pupil policy shall allow for nonresident 10
enrollment throughout the year as available vacancies allow. The enrollment 11
shall comply with the following: 12
(a) A parent or guardian who wishes to enroll their child pursuant to a 13
nonresident pupil policy shall submit an enrollment application to the 14
school district on a form designated by the Kentucky Board of Education. 15
The application shall indicate the child's grade level and which of the 16
district's schools is desired; 17
(b) Within ten (10) days of submission, the board of education shall review and 18
act upon the application. The board shall approve the application if there is 19
capacity at the requested school at the child's grade level; and 20
(c) Within five (5) days of the board's action on the application, the board shall 21
notify the parent or guardian of the action. If the board denies the 22
application, the parent or guardian may appeal the local board's decision to 23
the Kentucky Board of Education within ten (10) days of the receipt of the 24
notice using a form designated by the state board. The appeal shall be 25
placed on the state board's agenda at the next regularly scheduled meeting. 26
After hearing from both the parent or guardian and the local board, the 27 UNOFFICIAL COPY 25 RS BR 1491
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state board shall determine whether the local board's decision with be 1
upheld, modified, or overturned. 2
(6) By July 1 of each year, each school district shall report to the Kentucky 3
Department of Education the number of nonresident pupils enrolled during the 4
previous year, the number of nonresident pupils who withdrew from the district, 5
the number of nonresident pupils who submitted an enrollment application, the 6
number of those applications which were denied, and the reasons for each denial. 7
The department shall publish this information on its website. 8
(7) The Kentucky Board of Education shall promulgate administrative regulations in 9
accordance with KRS Chapter 13A to establish the appeals processes and forms 10
required under this section. 11
Section 3. KRS 157.350 is amended to read as follows: 12
Each district which meets the following requirements shall be eligible to share in the 13
distribution of funds from the fund to support education excellence in Kentucky: 14
(1) Employs and compensates all teachers for not less than one hundred eighty-five 15
(185) days. The Kentucky Board of Education, upon recommendation of the 16
commissioner of education, shall prescribe procedures by which this requirement 17
may be reduced during any year for any district which employs teachers for less 18
than one hundred and eighty-five (185) days, in which case the eligibility of a 19
district for participation in the public school fund shall be in proportion to the 20
length of time teachers actually are employed; 21
(2) Operates all schools for a minimum school term as provided in KRS 158.070 and 22
administrative regulations of the Kentucky Board of Education. If the school term is 23
less than one hundred eighty-five (185) days, including not less than one hundred 24
seventy (170) student attendance days as defined in KRS 158.070 or one thousand 25
sixty-two (1,062) hours of instructional time, for any reason not approved by the 26
Kentucky Board of Education on recommendation of the commissioner, the 27 UNOFFICIAL COPY 25 RS BR 1491
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eligibility of a district for participation in the public school fund shall be in 1
proportion to the length of term the schools actually operate; 2
(3) Compensates all teachers on the basis of a single salary schedule and in conformity 3
with the provisions of KRS 157.310 to 157.440; 4
(4) Includes no nonresident pupils in its average daily attendance, except: 5
(a) [1. Until July 1, 2022, pupils listed under a written agreement, which may 6
be for multiple years, with the district of the pupils' legal residence. 7
2. If an agreement cannot be reached, either board may appeal to the 8
commissioner for settlement of the dispute. 9
3. The commissioner shall have thirty (30) days to resolve the dispute. 10
Either board may appeal the commissioner's decision to the Kentucky 11
Board of Education. 12
4. The commissioner and the Kentucky Board of Education shall consider 13
the factors affecting the districts, including but not limited to academic 14
performance and the impact on programs, school facilities, 15
transportation, and staffing of the districts. 16
5. The Kentucky Board of Education shall have sixty (60) days to approve 17
or amend the decision of the commissioner; 18
(b) Beginning July 1, 2022, ]Those nonresident pupils admitted pursuant to 19
district nonresident pupil policies adopted under Section 2 of this Act[KRS 20
158.120]; and 21
(b)[(c)] A nonresident pupil who attends a district in which a parent of the pupil 22
is employed.[ All tuition fees required of a nonresident pupil may be waived 23
for a pupil who meets the requirements of this paragraph.] 24
This subsection does not apply to those pupils enrolled in an approved class 25
conducted in a hospital and pupils who have been expelled for behavioral reasons 26
who shall be counted in average daily attendance under KRS 157.320; 27 UNOFFICIAL COPY 25 RS BR 1491
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(5) Any secondary school which maintains a basketball team for boys for other than 1
intramural purposes, shall maintain the same program for girls; and 2
(6) Any school district which fails to comply with subsection (5) of this section shall be 3
prohibited from participating in varsity competition in any sport for one (1) year. 4
Determination of failure to comply shall be made by the Department of Education 5
after a hearing requested by any person within the school district. The hearing shall 6
be conducted in accordance with KRS Chapter 13B. A district under this subsection 7
shall, at the hearing, have an opportunity to show inability to comply. 8
Section 4. KRS 156.070 is amended to read as follows: 9
(1) The Kentucky Board of Education shall have the management and control of the 10
common schools and all programs operated in these schools, including 11
interscholastic athletics, the Kentucky School for the Deaf, the Kentucky School for 12
the Blind, and community education programs and services. 13
(2) The Kentucky Board of Education may designate an organization or agency to 14
manage interscholastic athletics in the common schools, provided that the rules, 15
regulations, and bylaws of any organization or agency so designated shall be 16
approved by the board, and provided further that any administrative hearing 17
conducted by the designated managing organization or agency shall be conducted in 18
accordance with KRS Chapter 13B. 19
(a) The state board or its designated agency shall assure through promulgation of 20
administrative regulations that if a secondary school sponsors or intends to 21
sponsor an athletic activity or sport that is similar to a sport for which 22
National Collegiate Athletic Association members offer an athletic 23
scholarship, the school shall sponsor the athletic activity or sport for which a 24
scholarship is offered. The administrative regulations shall specify which 25
athletic activities are similar to sports for which National Collegiate Athletic 26
Association members offer scholarships. 27 UNOFFICIAL COPY 25 RS BR 1491
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(b) Beginning with the 2003-2004 school year, the state board shall require any 1
agency or organization designated by the state board to manage interscholastic 2
athletics to adopt bylaws that establish as members of the agency's or 3
organization's board of control one (1) representative of nonpublic member 4
schools who is elected by the nonpublic school members of the agency or 5
organization from regions one (1) through eight (8) and one (1) representative 6
of nonpublic member schools who is elected by the nonpublic member 7
schools of the agency or organization from regions nine (9) through sixteen 8
(16). The nonpublic school representatives on the board of control shall not be 9
from classification A1 or D1 schools. Following initial election of these 10
nonpublic school representatives to the agency's or organization's board of 11
control, terms of the nonpublic school representatives shall be staggered so 12
that only one (1) nonpublic school member is elected in each even-numbered 13
year. 14
(c) The state board or any agency designated by the state board to manage 15
interscholastic athletics shall not promulgate rules, administrative regulations, 16
or by laws that prohibit pupils in grades seven (7) to eight (8) from 17
participating in any high school sports except for high school varsity soccer 18
and football, or from participating on more than one (1) school-sponsored 19
team at the same time in the same sport. The Kentucky Board of Education, or 20
an agency designated by the board to manage interscholastic athletics, may 21
promulgate administrative regulations restricting, limiting, or prohibiting 22
participation in high school varsity soccer and football for students who have 23
not successfully completed the eighth grade. 24
(d) 1. The state board or any agency designated by the state board to manage 25
interscholastic athletics shall allow a member school's team or students 26
to play against students of a nonmember at-home private school, or a 27 UNOFFICIAL COPY 25 RS BR 1491
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team of students from nonmember at-home private schools, if the 1
nonmember at-home private schools and students comply with this 2
subsection. 3
2. A nonmember at-home private school's team and students shall comply 4
with the rules for student-athletes, including rules concerning: 5
a. Age; 6
b. School semesters; 7
c. Scholarships; 8
d. Physical exams; 9
e. Foreign student eligibility; and 10
f. Amateurs. 11
3. A coach of a nonmember at-home private school's team shall comply 12
with the rules concerning certification of member school coaches as 13
required by the state board or any agency designated by the state board 14
to manage interscholastic athletics. 15
4. This subsection shall not allow a nonmember at-home private school's 16
team to participate in a sanctioned: 17
a. Conference; 18
b. Conference tournament; 19
c. District tournament; 20
d. Regional tournament; or 21
e. State tournament or event. 22
5. This subsection does not allow eligibility for a recognition, award, or 23
championship sponsored by the state board or any agency designated by 24
the state board to manage interscholastic athletics. 25
6. A nonmember at-home private school's team or students may participate 26
in interscholastic athletics permitted, offered, or sponsored by the state 27 UNOFFICIAL COPY 25 RS BR 1491
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board or any agency designated by the state board to manage 1
interscholastic athletics. 2
(e) Every local board of education shall require an annual medical examination 3
performed and signed by a physician, physician assistant, advanced practice 4
registered nurse, or chiropractor, if performed within the professional's scope 5
of practice, for each student seeking eligibility to participate in any school 6
athletic activity or sport. The Kentucky Board of Education or any 7
organization or agency designated by the state board to manage interscholastic 8
athletics shall not promulgate administrative regulations or adopt any policies 9
or bylaws that are contrary to the provisions of this paragraph. 10
(f) Any student who turns nineteen (19) years of age prior to August 1 shall not 11
be eligible for high school athletics in Kentucky. Any student who turns 12
nineteen (19) years of age on or after August 1 shall remain eligible for that 13
school year only. An exception to the provisions of this paragraph shall be 14
made, and the student shall be eligible for high school athletics in Kentucky if 15
the student: 16
1. Qualified for exceptional children services and had an individual 17
education program developed by an admissions and release committee 18
(ARC) while the student was enrolled in the primary school program; 19
2. Was retained in the primary school program because of an ARC 20
committee recommendation; and 21
3. Has not completed four (4) consecutive years or eight (8) consecutive 22
semesters of eligibility following initial promotion from grade eight (8) 23
to grade nine (9). 24
(g) The state board or any agency designated by the state board to manage 25
interscholastic athletics shall promulgate administrative regulations or bylaws 26
that provide that: 27 UNOFFICIAL COPY 25 RS BR 1491
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1. A member school shall designate all athletic teams, activities, and sports 1
for students in grades six (6) through twelve (12) as one (1) of the 2
following categories: 3
a. "Boys"; 4
b. "Coed"; or 5
c. "Girls"; 6
2. The sex of a student for the purpose of determining eligibility to 7
participate in an athletic activity or sport shall be determined by: 8
a. A student's biological sex as indicated on the student's original, 9
unedited birth certificate issued at the time of birth; or 10
b. An affidavit signed and sworn to by the physician, physician 11
assistant, advanced practice registered nurse, or chiropractor that 12
conducted the annual medical examination required by paragraph 13
(e) of this subsection under penalty of perjury establishing the 14
student's biological sex at the time of birth; 15
3. a. An athletic activity or sport designated as "girls" for students in 16
grades six (6) through twelve (12) shall not be open to members of 17
the male sex. 18
b. Nothing in this section shall be construed to restrict the eligibility 19
of any student to participate in an athletic activity or sport 20
designated as "boys" or "coed"; and 21
4. Neither the state board, any agency designated by the state board to 22
manage interscholastic athletics, any school district, nor any member 23
school shall entertain a complaint, open an investigation, or take any 24
other adverse action against a school for maintaining separate 25
interscholastic or intramural athletic teams, activities, or sports for 26
students of the female sex. 27 UNOFFICIAL COPY 25 RS BR 1491
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(h) 1. The state board or any agency designated by the state board to manage 1
interscholastic athletics shall promulgate administrative regulations that 2
permit a school district to employ or assign nonteaching or noncertified 3
personnel or personnel without postsecondary education credit hours to 4
serve in a coaching position. The administrative regulations shall give 5
preference to the hiring or assignment of certified personnel in coaching 6
positions. 7
2. A person employed in a coaching position shall be a high school 8
graduate and at least twenty-one (21) years of age and shall submit to a 9
criminal background check in accordance with KRS 160.380. 10
3. The administrative regulations shall specify post-hire requirements for 11
persons employed in coaching positions. 12
4. The regulations shall permit a predetermined number of hours of 13
professional development training approved by the state board or its 14
designated agency to be used in lieu of postsecondary education credit 15
hour requirements. 16
5. A local school board may specify post-hire requirements for personnel 17
employed in coaching positions in addition to those specified in 18
subparagraph 3. of this paragraph. 19
(i) Unless permitted to be eligible for varsity athletics by any transfer rule, 20
policy, or administrative regulation promulgated by the state board or any 21
agency designated by the state board to manage interscholastic athletics, any 22
student who transfers enrollment from a district of residence to a nonresident 23
district under Section 2 of this Act[KRS 157.350(4)(b)] after enrolling in 24
grade nine (9) and participating in a varsity sport shall be ineligible to 25
participate in interscholastic athletics for one (1) calendar year from the date 26
of the transfer. The state board or any agency designated by the state board to 27 UNOFFICIAL COPY 25 RS BR 1491
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manage interscholastic athletics may adopt rules, policies, and bylaws and 1
promulgate administrative regulations necessary to carry out this paragraph. 2
(j) No member school shall grant a student-athlete the right to use the member 3
school's intellectual property, such as trademarks, school uniforms, and 4
copyrights, in the student's earning of compensation through name, image, 5
and likeness activities. No student-athlete shall use such intellectual property 6
in earning compensation through name, image, and likeness activities. The 7
state board or any agency designated by the state board to manage 8
interscholastic athletics shall promulgate administrative regulations to govern 9
and enforce this paragraph. 10
(3) (a) The Kentucky Board of Education is hereby authorized to lease from the State 11
Property and Buildings Commission or others, whether public or private, any 12
lands, buildings, structures, installations, and facilities suitable for use in 13
establishing and furthering television and related facilities as an aid or 14
supplement to classroom instruction throughout the Commonwealth and for 15
incidental use in any other proper public functions. The lease may be for any 16
initial term commencing with the date of the lease and ending with the next 17
ensuing June 30, which is the close of the then-current fiscal biennium of the 18
Commonwealth, with exclusive options in favor of the board to renew the 19
same for successive ensuing bienniums, July 1 in each even year to June 30 in 20
the next ensuing even year; and the rentals may be fixed at the sums in each 21
biennium, if renewed, sufficient to enable the State Property and Buildings 22
Commission to pay therefrom the maturing principal of and interest on, and 23
provide reserves for, any revenue bonds which the State Property and 24
Buildings Commission may determine to be necessary and sufficient, in 25
agreement with the board, to provide the cost of acquiring the television and 26
related facilities with appurtenances and costs as may be incident to the 27 UNOFFICIAL COPY 25 RS BR 1491
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issuance of the bonds. 1
(b) Each option of the Kentucky Board of Education to renew the lease for a 2
succeeding biennial term may be exercised at any time after the adjournment 3
of the session of the General Assembly at which appropriations shall have 4
been made for the operation of the state government for such succeeding 5
biennial term, by notifying the State Property and Buildings Commission in 6
writing, signed by the chief state school officer, and delivered to the secretary 7
of the Finance and Administration Cabinet as a member of the commission. 8
The option shall be deemed automatically exercised, and the lease 9
automatically renewed for the succeeding biennium, effective on the first day 10
thereof, unless a written notice of the board's election not to renew shall have 11
been delivered in the office of the secretary of the Finance and Administration 12
Cabinet before the close of business on the last working day in April 13
immediately preceding the beginning of the succeeding biennium. 14
(c) The Kentucky Board of Education shall not itself operate leased television 15
facilities, or undertake the preparation of the educational presentations or 16
films to be transmitted thereby, but may enter into one (1) or more contracts 17
to provide therefor, with any public agency and instrumentality of the 18
Commonwealth having, or able to provide, a staff with proper technical 19
qualifications, upon which agency and instrumentality the board, through the 20
chief state school officer and the Department of Education, is represented in 21
such manner as to coordinate matters of curriculum with the curricula 22
prescribed for the public schools of the Commonwealth. Any contract for the 23
operation of the leased television or related facilities may permit limited and 24
special uses of the television or related facilities for other programs in the 25
public interest, subject to the reasonable terms and conditions as the board and 26
the operating agency and instrumentality may agree upon; but any contract 27 UNOFFICIAL COPY 25 RS BR 1491
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shall affirmatively forbid the use of the television or related facilities, at any 1
time or in any manner, in the dissemination of political propaganda or in 2
furtherance of the interest of any political party or candidate for public office, 3
or for commercial advertising. No lease between the board and the State 4
Property and Buildings Commission shall bind the board to pay rentals for 5
more than one (1) fiscal biennium at a time, subject to the aforesaid renewal 6
options. The board may receive and may apply to rental payments under any 7
lease and to the cost of providing for the operation of the television or related 8
facilities not only appropriations which may be made to it from state funds, 9
from time to time, but also contributions, gifts, matching funds, devises, and 10
bequests from any source, whether federal or state, and whether public or 11
private, so long as the same are not conditioned upon any improper use of the 12
television or related facilities in a manner inconsistent with the provisions of 13
this subsection. 14
(4) The state board may, on the recommendation and with the advice of the chief state 15
school officer, prescribe, print, publish, and distribute at public expense such 16
administrative regulations, courses of study, curriculums, bulletins, programs, 17
outlines, reports, and placards as each deems necessary for the efficient 18
management, control, and operation of the schools and programs under its 19
jurisdiction. All administrative regulations published or distributed by the board 20
shall be enclosed in a booklet or binder on which the words "informational copy" 21
shall be clearly stamped or printed. 22
(5) Upon the recommendation of the chief state school officer or his or her designee, 23
the state board shall establish policy or act on all matters relating to programs, 24
services, publications, capital construction and facility renovation, equipment, 25
litigation, contracts, budgets, and all other matters which are the administrative 26
responsibility of the Department of Education. 27