UNOFFICIAL COPY 25 RS BR 25
Page 1 of 11
XXXX 5/22/2024 11:45 AM Jacketed
AN ACT relating to teacher professional development. 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 session; 11
(d) "School district calendar committee" means a committee that includes at least 12
the following: 13
1. One (1) school district principal; 14
2. One (1) school district office administrator other than the 15
superintendent; 16
3. One (1) member of the local board of education; 17
4. Two (2) parents of students attending a school in the district; 18
5. One (1) school district elementary school teacher; 19
6. One (1) school district middle or high school teacher; 20
7. Two (2) school district classified employees; and 21
8. Two (2) community members from the local chamber of commerce, 22
business community, or tourism commission; 23
(e) "Student attendance day" means any day that students are scheduled to be at 24
school to receive instruction, and encompasses the designated start and 25
dismissal time; 26
(f) "Student instructional year" means at least one thousand sixty-two (1,062) 27 UNOFFICIAL COPY 25 RS BR 25
Page 2 of 11
XXXX 5/22/2024 11:45 AM Jacketed
hours of instructional time for students delivered on not less than one hundred 1
seventy (170) student attendance days; 2
(g) "Teacher professional day" means any day teachers are required to report to 3
work as determined by a local board of education, with or without the 4
presence of students; and 5
(h) "Variable student instructional year" means at least one thousand sixty-two 6
(1,062) hours of instructional time delivered on the number of student 7
attendance days adopted by a local board of education which shall be 8
considered proportionally equivalent to one hundred seventy (170) student 9
attendance days and calendar days for the purposes of a student instructional 10
year, employment contracts that are based on the school term, service credit 11
under KRS 161.500, and funding under KRS 157.350. 12
(2) (a) The local board of education, upon recommendation of the local school 13
district superintendent, shall annually appoint a school district calendar 14
committee to review, develop, and recommend school calendar options. 15
(b) The school district calendar committee, after seeking feedback from school 16
district employees, parents, and community members, shall recommend 17
school calendar options to the local school district superintendent for 18
presentation to the local board of education. The committee's 19
recommendations shall comply with state laws and regulations and consider 20
the economic impact of the school calendar on the community and the state. 21
(c) Prior to adopting a school calendar, the local board of education shall hear for 22
discussion the school district calendar committee's recommendations and the 23
recommendation of the superintendent at a meeting of the local board of 24
education. 25
(d) During a subsequent meeting of the local board of education, the local board 26
shall adopt a school calendar for the upcoming school year that establishes the 27 UNOFFICIAL COPY 25 RS BR 25
Page 3 of 11
XXXX 5/22/2024 11:45 AM Jacketed
opening and closing dates of the school term, beginning and ending dates of 1
each school month, student attendance days, and days on which schools shall 2
be dismissed. The local board may schedule days for breaks in the school 3
calendar that shall not be counted as a part of the minimum school term. 4
(e) For local board of education meetings described in paragraphs (c) and (d) of 5
this subsection, if the meeting is a regular meeting, notice shall be given to 6
media outlets that have requests on file to be notified of special meetings 7
stating the date of the regular meeting and that one (1) of the items to be 8
considered in the regular meeting will be the school calendar. The notice shall 9
be sent at least twenty-four (24) hours before the regular meeting. This 10
requirement shall not be deemed to make any requirements or limitations 11
relating to special meetings applicable to the regular meeting. 12
(f) A local school board of education that adopts a school calendar with the first 13
student attendance day in the school term starting no earlier than the Monday 14
closest to August 26 may use a variable student instructional year. Districts 15
may set the length of individual student attendance days in a variable student 16
instructional schedule, but no student attendance day shall contain more than 17
seven (7) hours of instructional time unless the district submitted and received 18
approval from the commissioner of education for an innovative alternative 19
calendar. 20
(3) (a) Each local board of education shall use four (4) days of the minimum school 21
term for professional development and collegial planning activities for the 22
professional staff without the presence of students pursuant to the 23
requirements of KRS 156.095. At the discretion of the superintendent, one (1) 24
day of professional development may be used for district-wide activities and 25
for training that is mandated by federal or state law. The use of three (3) days 26
shall be planned by each school council, except that the district is encouraged 27 UNOFFICIAL COPY 25 RS BR 25
Page 4 of 11
XXXX 5/22/2024 11:45 AM Jacketed
to provide technical assistance and leadership to school councils to maximize 1
existing resources and to encourage shared planning. 2
(b) A teacher or other certified personnel within a school required to participate 3
in professional development activities outside the days scheduled in the 4
school calendar or the regularly scheduled hours in the school work day 5
shall be compensated at no less than the hourly equivalent of his or her rate 6
of pay. 7
(c) At least one (1) hour of self-study review of seizure disorder materials shall 8
be required for all principals, guidance counselors, and teachers hired after 9
July 1, 2019. 10
(d)[(c)] 1. A local board may approve a school's flexible professional 11
development plan that permits teachers or other certified personnel 12
within a school to participate in professional development activities 13
outside the days scheduled in the school calendar or the regularly 14
scheduled hours in the school work day and receive credit towards the 15
four (4) day professional development requirement within the minimum 16
one hundred eighty-five (185) days that a teacher shall be employed. 17
2. A flexible schedule option shall be reflected in the school's professional 18
development component within the school improvement plan and 19
approved by the local board. Credit for approved professional 20
development activities may be accumulated in periods of time other than 21
full day segments. 22
3. No teacher or administrator shall be permitted to count participation in a 23
professional development activity under the flexible schedule option 24
unless the activity is related to the teacher's classroom assignment and 25
content area, or the administrator's job requirements, or is required by 26
the school improvement plan, or is tied to the teacher's or the 27 UNOFFICIAL COPY 25 RS BR 25
Page 5 of 11
XXXX 5/22/2024 11:45 AM Jacketed
administrator's individual growth plan. The supervisor shall give prior 1
approval and shall monitor compliance with the requirements of this 2
paragraph. In the case of teachers, a professional development 3
committee or the school council by council policy may be responsible 4
for reviewing requests for approval. 5
(e)[(d)] The local board of each school district may use up to a maximum of four 6
(4) days of the minimum school term for holidays; provided, however, any 7
holiday which occurs on Saturday may be observed on the preceding Friday. 8
(f)[(e)] Each local board may use two (2) days for planning activities without 9
the presence of students. 10
(g)[(f)] Each local board may close schools for the number of days deemed 11
necessary for: 12
1. National or state emergency or mourning when proclaimed by the 13
President of the United States or the Governor of the Commonwealth of 14
Kentucky; 15
2. Local emergency which would endanger the health or safety of children; 16
and 17
3. Mourning when so designated by the local board of education and 18
approved by the Kentucky Board of Education upon recommendation of 19
the commissioner of education. 20
(4) (a) The Kentucky Board of Education, upon recommendation of the 21
commissioner of education, shall adopt administrative regulations governing 22
the use of student attendance days as a result of a local emergency, as 23
described in subsection (3)(g)2.[(3)(f)2.] of this section, and regulations 24
setting forth the guidelines and procedures to be observed for the approval of 25
waivers from the requirements of a student instructional year in subsection 26
(1)(f) of this section for districts that wish to adopt innovative instructional 27 UNOFFICIAL COPY 25 RS BR 25
Page 6 of 11
XXXX 5/22/2024 11:45 AM Jacketed
calendars, or for circumstances that would create extreme hardship. 1
(b) If a local board of education amends its school calendar after its adoption due 2
to an emergency, it may lengthen or shorten any remaining student attendance 3
days by thirty (30) minutes or more, as it deems necessary, provided the 4
amended calendar complies with the requirements of a student instructional 5
year in subsection (1)(f) of this section or a variable student instructional year 6
in subsection (1)(h) of this section. No student attendance day shall contain 7
more than seven (7) hours of instructional time unless the district submitted 8
and received approval from the commissioner of education for an innovative 9
alternative calendar. 10
(5) (a) 1. In setting the school calendar, school may be closed for two (2) 11
consecutive days for the purpose of permitting professional school 12
employees to attend statewide professional meetings. 13
2. These two (2) days for statewide professional meetings may be 14
scheduled to begin with the first Thursday after Easter, or upon request 15
of the statewide professional education association having the largest 16
paid membership, the commissioner of education may designate 17
alternate dates. 18
3. If schools are scheduled to operate during days designated for the 19
statewide professional meeting, the school district shall permit 20
employees who are delegates to attend as compensated professional 21
leave time and shall employ substitute teachers in their absence. 22
4. The commissioner of education shall designate one (1) additional day 23
during the school year when schools may be closed to permit 24
professional school employees to participate in regional or district 25
professional meetings. 26
5. These three (3) days so designated for attendance at professional 27 UNOFFICIAL COPY 25 RS BR 25
Page 7 of 11
XXXX 5/22/2024 11:45 AM Jacketed
meetings may be counted as a part of the minimum school term. 1
(b) 1. If any school in a district is used as a polling place, the school district 2
shall be closed on the day of the election, and those days may be used 3
for professional development activities, professional meetings, or 4
parent-teacher conferences. 5
2. A district may be open on the day of an election if no school in the 6
district is used as a polling place. 7
(c) All schools shall be closed on the third Monday of January in observance of 8
the birthday of Martin Luther King, Jr. Districts may: 9
1. Designate the day as one (1) of the four (4) holidays permitted under 10
subsection (3)(e)[(3)(d) ]of this section; or 11
2. Not include the day in the minimum school term specified in subsection 12
(1) of this section. 13
(6) (a) The Kentucky Board of Education, or the organization or agency designated 14
by the board to manage interscholastic athletics, shall be encouraged to 15
schedule athletic competitions outside the regularly scheduled student 16
attendance day. 17
(b) Any member of a school-sponsored interscholastic athletic team who 18
competes in a regional tournament or state tournament sanctioned by the 19
Kentucky Board of Education, or the organization or agency designated by the 20
board to manage interscholastic athletics, and occurring on a regularly 21
scheduled student attendance day may be counted present at school on the 22
date or dates of the competition, as determined by local board policy, for a 23
maximum of two (2) days per student per year. The student shall be expected 24
to complete any assignments missed on the date or dates of the competition. 25
(c) The school attendance record of any student for whom paragraph (b) of this 26
subsection applies shall indicate that the student was in attendance on the date 27 UNOFFICIAL COPY 25 RS BR 25
Page 8 of 11
XXXX 5/22/2024 11:45 AM Jacketed
or dates of competition. 1
(7) Schools shall provide continuing education for those students who are determined 2
to need additional time to achieve the outcomes defined in KRS 158.6451, and 3
schools shall not be limited to the minimum school term in providing this 4
education. Continuing education time may include extended days, extended weeks, 5
or extended years. A local board of education may adopt a policy requiring its 6
students to participate in continuing education. The local policy shall set out the 7
conditions under which attendance will be required and any exceptions which are 8
provided. The Kentucky Board of Education shall promulgate administrative 9
regulations establishing criteria for the allotment of grants to local school districts 10
and shall include criteria by which the commissioner of education may approve a 11
district's request for a waiver to use an alternative service delivery option, including 12
providing services during the student attendance day on a limited basis. These 13
grants shall be allotted to school districts to provide instructional programs for 14
pupils who are identified as needing additional time to achieve the outcomes 15
defined in KRS 158.6451. A school district that has a school operating a model 16
early reading program under KRS 158.792 may use a portion of its grant money as 17
part of the matching funds to provide individualized or small group reading 18
instruction to qualified students outside of the regular classroom during the student 19
attendance day. 20
(8) Notwithstanding any other statute, each school term shall include no less than the 21
equivalent of the student instructional year in subsection (1)(f) of this section, or a 22
variable student instructional year in subsection (1)(h) of this section, except that 23
the commissioner of education may grant up to the equivalent of ten (10) student 24
attendance days for school districts that have a nontraditional instruction plan 25
approved by the commissioner of education on days when the school district is 26
closed for health or safety reasons. The district's plan shall indicate how the 27 UNOFFICIAL COPY 25 RS BR 25
Page 9 of 11
XXXX 5/22/2024 11:45 AM Jacketed
nontraditional instruction process shall be a continuation of learning that is 1
occurring on regular student attendance days. Instructional delivery methods, 2
including the use of technology, shall be clearly delineated in the plan. Average 3
daily attendance for purposes of Support Education Excellence in Kentucky 4
program funding during the student attendance days granted shall be calculated in 5
compliance with administrative regulations promulgated by the Kentucky Board of 6
Education. 7
(9) The Kentucky Board of Education shall promulgate administrative regulations to 8
prescribe the conditions and procedures for districts to be approved for the 9
nontraditional instruction program. Administrative regulations promulgated by the 10
board under this section shall specify: 11
(a) The application, plan review, approval, and amendment process; 12
(b) Reporting requirements for districts approved for the program, which may 13
include but are not limited to examples of student work, lesson plans, teacher 14
work logs, and student and teacher participation on nontraditional instruction 15
days. Documentation to support the use of nontraditional instruction days 16
shall include clear evidence of learning continuation; 17
(c) Timelines for initial approval as a nontraditional instruction district, length of 18
approval, the renewal process, and ongoing evaluative procedures required of 19
the district; 20
(d) Reporting and oversight responsibilities of the district and the Kentucky 21
Department of Education, including the documentation required to show clear 22
evidence of learning continuation during nontraditional instruction days; and 23
(e) Other components deemed necessary to implement this section. 24
(10) Notwithstanding the provisions of KRS 158.060(3) and the provisions of subsection 25
(2) of this section, a school district shall arrange bus schedules so that all buses 26
arrive in sufficient time to provide breakfast prior to the beginning of the student 27 UNOFFICIAL COPY 25 RS BR 25
Page 10 of 11
XXXX 5/22/2024 11:45 AM Jacketed
attendance day. The superintendent of a school district that participates in the 1
Federal School Breakfast Program may also authorize up to fifteen (15) minutes of 2
the student attendance day to provide the opportunity for children to eat breakfast 3
during instructional time. 4
(11) Notwithstanding any other statute to the contrary, the following provisions shall 5
apply to a school district that misses student attendance days due to emergencies, 6
including weather-related emergencies: 7
(a) A certified school employee shall be considered to have fulfilled the 8
minimum one hundred eighty-five (185) day contract with a school district 9
under KRS 157.350 and shall be given credit for the purpose of calculating 10
service credit for retirement under KRS 161.500 for certified school personnel 11
if: 12
1. State and local requirements under this section are met regarding the 13
equivalent of the number and length of student attendance days, teacher 14
professional days, professional development days, holidays, and days 15
for planning activities without the presence of students; and 16
2. The provisions of the district's school calendar to make up student 17
attendance days missed due to any emergency, as approved by the 18
Kentucky Department of Education when required, including but not 19
limited to a provision for additional instructional time per day, are met. 20
(b) Additional time worked by a classified school employee shall be considered 21
as equivalent time to be applied toward the employee's contract and 22
calculation of service credit for classified employees under KRS 78.615 if: 23
1. The employee works for a school district with a school calendar 24
approved by the Kentucky Department of Education that contains a 25
provision that additional instructional time per day shall be used to make 26
up full days missed due to an emergency; 27 UNOFFICIAL COPY 25 RS BR 25
Page 11 of 11
XXXX 5/22/2024 11:45 AM Jacketed
2. The employee's contract requires a minimum six (6) hour work day; and 1
3. The employee's job responsibilities and work day are extended when the 2
instructional time is extended for the purposes of making up time. 3
(c) Classified employees who are regularly scheduled to work less than six (6) 4
hours per day and who do not have additional work responsibilities as a result 5
of lengthened student attendance days shall be excluded from the provisions 6
of this subsection. These employees may be assigned additional work 7
responsibilities to make up service credit under KRS 78.615 that would be 8
lost due to lengthened student attendance days. 9