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AN ACT relating to salaries of school administrators. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 160.350 is amended to read as follows: 3
(1) After considering the recommendations of a screening committee, as provided in 4
KRS 160.352, each board of education shall appoint a superintendent of schools 5
whose term of office shall begin on July 1, following the individual's appointment. 6
The appointment may be for a term of no more than four (4) years. In the event a 7
vacancy occurs in the office of superintendent prior to the expiration of the term set 8
by the board, the term shall expire on the date the vacancy occurs. Therefore, the 9
board may appoint a superintendent for a new term as provided in this subsection, 10
which shall begin on the date of the superintendent's appointment, except when the 11
vacancy occurs after a school board election and before the newly elected members 12
take office. When a vacancy occurs during this period, the position shall not be 13
filled until the new members take office, but the board may appoint an acting 14
superintendent to serve a term not to exceed six (6) months. This appointment may 15
be renewed once for a period not to exceed three (3) months. If a vacancy occurs, a 16
local board may also appoint an acting superintendent during the period the 17
screening committee pursuant to KRS 160.352 conducts its business and prior to 18
the actual appointment of the new superintendent. No superintendent shall resign 19
during a term and accept a new term from the same board of education prior to the 20
expiration date of the present term. In the case of a vacancy in the office for an 21
unexpired term, the board of education shall make the appointment so that the term 22
will end on June 30. 23
(2) The board shall set the salary of the superintendent to be paid in regular 24
installments. Beginning July 1, 2025, any new contract or contract renewal for a 25
superintendent shall include the requirement that the total salary paid and 26
benefits provided to the superintendent shall be reviewed and adjusted at the end 27 UNOFFICIAL COPY 25 RS BR 1031
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of every two (2) contract years and shall: 1
(a) Not be limited if seventy-five percent (75%) or more of the students in the 2
district are proficient or distinguished as determined by the most recent 3
Kentucky Summative Assessment; 4
(b) Not exceed three (3) times the median salary on the school district's single 5
salary schedule for a Rank I teacher in the school district if between fifty 6
percent (50%) and seventy-five percent (75%) of the students in the district 7
are proficient or distinguished as determined by the most recent Kentucky 8
Summative Assessment; and 9
(c) Not exceed two (2) times the median salary on the school district's single 10
salary schedule for a Rank I teacher in the school district if fifty percent 11
(50%) or fewer of the students in the district are proficient or distinguished 12
as determined by the most recent Kentucky Summative Assessment. 13
(3)[(2)] An individual shall not assume the duties of superintendent in a district until 14
he or she provides the board of education with a copy of a certificate for school 15
superintendent issued by the Education Professional Standards Board or its legal 16
predecessor. A superintendent shall hold a valid certificate throughout the period of 17
employment. A superintendent shall successfully complete the training program and 18
assessment center process within two (2) years of assuming the duties of 19
superintendent. A superintendent shall not serve as director or officer of a bank, 20
trust company, or savings or loan association that has the school district's funds on 21
deposit. Following appointment, the superintendent shall establish residency in 22
Kentucky. 23
(4)[(3)] A superintendent of schools may be removed for cause by a vote of four-fifths 24
(4/5) of the membership of a board of education and upon approval by the 25
commissioner of education. However, if the dismissal of the superintendent has 26
been recommended by a highly skilled certified educator pursuant to KRS 158.6455 27 UNOFFICIAL COPY 25 RS BR 1031
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and the action is approved by the commissioner of education, the board shall 1
terminate the superintendent's contract. Written notice setting out the charges for 2
removal shall be spread on the minutes of the board and given to the 3
superintendent. The board shall seek approval by the commissioner of education for 4
removing the superintendent. The commissioner of education shall investigate the 5
accuracy of the charges made, evaluate the superintendent's overall performance 6
during the superintendent's appointment, and consider the educational performance 7
of the students in the district. Within thirty (30) days of notification, the 8
commissioner of education shall either approve or reject the board's request. 9
(5)[(4)] After the completion of a superintendent's first contract or after four (4) years, 10
whichever comes last, the board of education may, no later than June 30, extend the 11
contract of the superintendent for one (1) additional year beyond the current term of 12
employment. 13
SECTION 2. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 14
READ AS FOLLOWS: 15
Beginning with school year 2026-2027, the following limitations shall apply to the 16
salary paid to administrator positions within local school districts: 17
(1) An assistant superintendent salary shall: 18
(a) Not be limited if seventy-five percent (75%) or more of the students in the 19
district are proficient or distinguished as determined by the most recent 20
Kentucky Summative Assessment; 21
(b) Not exceed two and one-half (2.5) times the median salary on the school 22
district's single salary schedule for a Rank I teacher in the school district if 23
between fifty percent (50%) and seventy-five percent (75%) of the students 24
in the district are proficient or distinguished as determined by the most 25
recent Kentucky Summative Assessment; and 26
(c) Not exceed two (2) times the median salary on the school district's single 27 UNOFFICIAL COPY 25 RS BR 1031
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salary schedule for a Rank I teacher in the school district if fifty percent 1
(50%) or fewer of the students in the district are proficient or distinguished 2
as determined by the most recent Kentucky Summative Assessment; 3
(2) Any administrator, except superintendent and assistant superintendent, salary 4
shall: 5
(a) Not be limited if seventy-five percent (75%) or more of the students in the 6
district are proficient or distinguished as determined by the most recent 7
Kentucky Summative Assessment; 8
(b) Not exceed two (2) times the median salary on the school district's single 9
salary schedule for a Rank I teacher in the school district if between fifty 10
percent (50%) and seventy-five percent (75%) of the students in the district 11
are proficient or distinguished as determined by the most recent Kentucky 12
Summative Assessment; and 13
(c) Not exceed one and one-half (1.5) times the median salary on the school 14
district's single salary schedule for a Rank I teacher in the school district if 15
fifty percent (50%) or fewer of the students in the district are proficient or 16
distinguished as determined by the most recent Kentucky Summative 17
Assessment; and 18
(3) A school-level administrator salary shall: 19
(a) Not be limited if seventy-five percent (75%) or more of the students in the 20
school are proficient or distinguished as determined by the most recent 21
Kentucky Summative Assessment; 22
(b) Not exceed two (2) times the median salary on the school district's single 23
salary schedule for a Rank I teacher in the school district if between fifty 24
percent (50%) and seventy-five percent (75%) of the students in the school 25
are proficient or distinguished as determined by the most recent Kentucky 26
Summative Assessment; and 27 UNOFFICIAL COPY 25 RS BR 1031
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(c) Not exceed one and one-half (1.5) times the median salary on the school 1
district's single salary schedule for a Rank I teacher in the school district if 2
fifty percent (50%) or fewer of the students in the school are proficient or 3
distinguished as determined by the most recent Kentucky Summative 4
Assessment. 5
Section 3. KRS 157.350 is amended to read as follows: 6
Each district which meets the following requirements shall be eligible to share in the 7
distribution of funds from the fund to support education excellence in Kentucky: 8
(1) Employs and compensates all teachers for not less than one hundred eighty-five 9
(185) days. The Kentucky Board of Education, upon recommendation of the 10
commissioner of education, shall prescribe procedures by which this requirement 11
may be reduced during any year for any district which employs teachers for less 12
than one hundred and eighty-five (185) days, in which case the eligibility of a 13
district for participation in the public school fund shall be in proportion to the 14
length of time teachers actually are employed; 15
(2) Operates all schools for a minimum school term as provided in KRS 158.070 and 16
administrative regulations of the Kentucky Board of Education. If the school term is 17
less than one hundred eighty-five (185) days, including not less than one hundred 18
seventy (170) student attendance days as defined in KRS 158.070 or one thousand 19
sixty-two (1,062) hours of instructional time, for any reason not approved by the 20
Kentucky Board of Education on recommendation of the commissioner, the 21
eligibility of a district for participation in the public school fund shall be in 22
proportion to the length of term the schools actually operate; 23
(3) Compensates: 24
(a) All teachers on the basis of a single salary schedule and in conformity with 25
the provisions of KRS 157.310 to 157.440; 26
(b) The superintendent in accordance with subsection (2) of Section 1 of this 27 UNOFFICIAL COPY 25 RS BR 1031
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Act; and 1
(c) All administrators, except the superintendent, in accordance with Section 2 2
of this Act; 3
(4) Ensures that the annual aggregate administrator salaries, including benefits 4
specific to the superintendent, for the district do not exceed ten (10%) percent of 5
the total school district annual budget; 6
(5)[(4)] Includes no nonresident pupils in its average daily attendance, except: 7
(a) [1. Until July 1, 2022, pupils listed under a written agreement, which may 8
be for multiple years, with the district of the pupils' legal residence. 9
2. If an agreement cannot be reached, either board may appeal to the 10
commissioner for settlement of the dispute. 11
3. The commissioner shall have thirty (30) days to resolve the dispute. Either 12
board may appeal the commissioner's decision to the Kentucky Board of 13
Education. 14
4. The commissioner and the Kentucky Board of Education shall consider the 15
factors affecting the districts, including but not limited to academic 16
performance and the impact on programs, school facilities, transportation, and 17
staffing of the districts. 18
5. The Kentucky Board of Education shall have sixty (60) days to approve or 19
amend the decision of the commissioner; 20
(b) Beginning July 1, 2022, ]Those nonresident pupils admitted pursuant to 21
district nonresident pupil policies adopted under KRS 158.120; and 22
(b)[(c)] A nonresident pupil who attends a district in which a parent of the pupil 23
is employed. All tuition fees required of a nonresident pupil may be waived 24
for a pupil who meets the requirements of this paragraph. 25
This subsection does not apply to those pupils enrolled in an approved class 26
conducted in a hospital and pupils who have been expelled for behavioral reasons 27 UNOFFICIAL COPY 25 RS BR 1031
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who shall be counted in average daily attendance under KRS 157.320; 1
(6)[(5)] Any secondary school which maintains a basketball team for boys for other 2
than intramural purposes, shall maintain the same program for girls; 3
(7)[(6)] Any school district which fails to comply with subsection (6)[(5)] of this 4
section shall be prohibited from participating in varsity competition in any sport for 5
one (1) year. Determination of failure to comply shall be made by the Department 6
of Education after a hearing requested by any person within the school district. The 7
hearing shall be conducted in accordance with KRS Chapter 13B. A district under 8
this subsection shall, at the hearing, have an opportunity to show inability to 9
comply. 10
Section 4. KRS 156.070 is amended to read as follows: 11
(1) The Kentucky Board of Education shall have the management and control of the 12
common schools and all programs operated in these schools, including 13
interscholastic athletics, the Kentucky School for the Deaf, the Kentucky School for 14
the Blind, and community education programs and services. 15
(2) The Kentucky Board of Education may designate an organization or agency to 16
manage interscholastic athletics in the common schools, provided that the rules, 17
regulations, and bylaws of any organization or agency so designated shall be 18
approved by the board, and provided further that any administrative hearing 19
conducted by the designated managing organization or agency shall be conducted in 20
accordance with KRS Chapter 13B. 21
(a) The state board or its designated agency shall assure through promulgation of 22
administrative regulations that if a secondary school sponsors or intends to 23
sponsor an athletic activity or sport that is similar to a sport for which 24
National Collegiate Athletic Association members offer an athletic 25
scholarship, the school shall sponsor the athletic activity or sport for which a 26
scholarship is offered. The administrative regulations shall specify which 27 UNOFFICIAL COPY 25 RS BR 1031
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athletic activities are similar to sports for which National Collegiate Athletic 1
Association members offer scholarships. 2
(b) [Beginning with the 2003-2004 school year, ]The state board shall require any 3
agency or organization designated by the state board to manage interscholastic 4
athletics to adopt bylaws that establish as members of the agency's or 5
organization's board of control one (1) representative of nonpublic member 6
schools who is elected by the nonpublic school members of the agency or 7
organization from regions one (1) through eight (8) and one (1) representative 8
of nonpublic member schools who is elected by the nonpublic member 9
schools of the agency or organization from regions nine (9) through sixteen 10
(16). The nonpublic school representatives on the board of control shall not be 11
from classification A1 or D1 schools. Following initial election of these 12
nonpublic school representatives to the agency's or organization's board of 13
control, terms of the nonpublic school representatives shall be staggered so 14
that only one (1) nonpublic school member is elected in each even-numbered 15
year. 16
(c) The state board or any agency designated by the state board to manage 17
interscholastic athletics shall not promulgate rules, administrative regulations, 18
or by laws that prohibit pupils in grades seven (7) to eight (8) from 19
participating in any high school sports except for high school varsity soccer 20
and football, or from participating on more than one (1) school-sponsored 21
team at the same time in the same sport. The Kentucky Board of Education, or 22
an agency designated by the board to manage interscholastic athletics, may 23
promulgate administrative regulations restricting, limiting, or prohibiting 24
participation in high school varsity soccer and football for students who have 25
not successfully completed the eighth grade. 26
(d) 1. The state board or any agency designated by the state board to manage 27 UNOFFICIAL COPY 25 RS BR 1031
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interscholastic athletics shall allow a member school's team or students 1
to play against students of a nonmember at-home private school, or a 2
team of students from nonmember at-home private schools, if the 3
nonmember at-home private schools and students comply with this 4
subsection. 5
2. A nonmember at-home private school's team and students shall comply 6
with the rules for student-athletes, including rules concerning: 7
a. Age; 8
b. School semesters; 9
c. Scholarships; 10
d. Physical exams; 11
e. Foreign student eligibility; and 12
f. Amateurs. 13
3. A coach of a nonmember at-home private school's team shall comply 14
with the rules concerning certification of member school coaches as 15
required by the state board or any agency designated by the state board 16
to manage interscholastic athletics. 17
4. This subsection shall not allow a nonmember at-home private school's 18
team to participate in a sanctioned: 19
a. Conference; 20
b. Conference tournament; 21
c. District tournament; 22
d. Regional tournament; or 23
e. State tournament or event. 24
5. This subsection does not allow eligibility for a recognition, award, or 25
championship sponsored by the state board or any agency designated by 26
the state board to manage interscholastic athletics. 27 UNOFFICIAL COPY 25 RS BR 1031
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6. A nonmember at-home private school's team or students may participate 1
in interscholastic athletics permitted, offered, or sponsored by the state 2
board or any agency designated by the state board to manage 3
interscholastic athletics. 4
(e) Every local board of education shall require an annual medical examination 5
performed and signed by a physician, physician assistant, advanced practice 6
registered nurse, or chiropractor, if performed within the professional's scope 7
of practice, for each student seeking eligibility to participate in any school 8
athletic activity or sport. The Kentucky Board of Education or any 9
organization or agency designated by the state board to manage interscholastic 10
athletics shall not promulgate administrative regulations or adopt any policies 11
or bylaws that are contrary to the provisions of this paragraph. 12
(f) Any student who turns nineteen (19) years of age prior to August 1 shall not 13
be eligible for high school athletics in Kentucky. Any student who turns 14
nineteen (19) years of age on or after August 1 shall remain eligible for that 15
school year only. An exception to the provisions of this paragraph shall be 16
made, and the student shall be eligible for high school athletics in Kentucky if 17
the student: 18
1. Qualified for exceptional children services and had an individual 19
education program developed by an admissions and release committee 20
(ARC) while the student was enrolled in the primary school program; 21
2. Was retained in the primary school program because of an ARC 22
committee recommendation; and 23
3. Has not completed four (4) consecutive years or eight (8) consecutive 24
semesters of eligibility following initial promotion from grade eight (8) 25
to grade nine (9). 26
(g) The state board or any agency designated by the state board to manage 27 UNOFFICIAL COPY 25 RS BR 1031
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interscholastic athletics shall promulgate administrative regulations or bylaws 1
that provide that: 2
1. A member school shall designate all athletic teams, activities, and sports 3
for students in grades six (6) through twelve (12) as one (1) of the 4
following categories: 5
a. "Boys"; 6
b. "Coed"; or 7
c. "Girls"; 8
2. The sex of a student for the purpose of determining eligibility to 9
participate in an athletic activity or sport shall be determined by: 10
a. A student's biological sex as indicated on the student's original, 11
unedited birth certificate issued at the time of birth; or 12
b. An affidavit signed and sworn to by the physician, physician 13
assistant, advanced practice registered nurse, or chiropractor that 14
conducted the annual medical examination required by paragraph 15
(e) of this subsection under penalty of perjury establishing the 16
student's biological sex at the time of birth; 17
3. a. An athletic activity or sport designated as "girls" for students in 18
grades six (6) through twelve (12) shall not be open to members of 19
the male sex. 20
b. Nothing in this section shall be construed to restrict the eligibility 21
of any student to participate in an athletic activity or sport 22
designated as "boys" or "coed"; and 23
4. Neither the state board, any agency designated by the state board to 24
manage interscholastic athletics, any school district, nor any member 25
school shall entertain a complaint, open an investigation, or take any 26
other adverse action against a school for maintaining separate 27 UNOFFICIAL COPY 25 RS BR 1031
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interscholastic or intramural athletic teams, activities, or sports for 1
students of the female sex. 2
(h) 1. The state board or any agency designated by the state board to manage 3
interscholastic athletics shall promulgate administrative regulations that 4
permit a school district to employ or assign nonteaching or noncertified 5
personnel or personnel without postsecondary education credit hours to 6
serve in a coaching position. The administrative regulations shall give 7
preference to the hiring or assignment of certified personnel in coaching 8
positions. 9
2. A person employed in a coaching position shall be a high school 10
graduate and at least twenty-one (21) years of age and shall submit to a 11
criminal background check in accordance with KRS 160.380. 12
3. The administrative regulations shall specify post-hire requirements for 13
persons employed in coaching positions. 14
4. The regulations shall permit a predetermined number of hours of 15
professional development training approved by the state board or its 16
designated agency to be used in lieu of postsecondary education credit 17
hour requirements. 18
5. A local school board may specify post-hire requirements for personnel 19
employed in coaching positions in addition to those specified in 20
subparagraph 3. of this paragraph. 21
(i) Unless permitted to be eligible for varsity athletics by any transfer rule, 22
policy, or administrative regulation promulgated by the state board or any 23
agency designated by the state board to manage interscholastic athletics, any 24
student who transfers enrollment from a district of residence to a nonresident 25
district under KRS 157.350(5)(a)[157.350(4)(b)] after enrolling in grade nine 26
(9) and participating in a varsity sport shall be ineligible to participate in 27 UNOFFICIAL COPY 25 RS BR 1031
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interscholastic athletics for one (1) calendar year from the date of the transfer. 1
The state board or any agency designated by the state board to manage 2
interscholastic athletics may adopt rules, policies, and bylaws and promulgate 3
administrative regulations necessary to carry out this paragraph. 4
(j) No member school shall grant a student-athlete the right to use the member 5
school's intellectual property, such as trademarks, school uniforms, and 6
copyrights, in the student's earning of compensation through name, image, 7
and likeness activities. No student-athlete shall use such intellectual property 8
in earning compensation through name, image, and likeness activities. The 9
state board or any agency designated by the state board to manage 10
interscholastic athletics shall promulgate administrative regulations to govern 11
and enforce this paragraph. 12
(3) (a) The Kentucky Board of Education is hereby authorized to lease from the State 13
Property and Buildings Commission or others, whether public or private, any 14
lands, buildings, structures, installations, and facilities suitable for use in 15
establishing and furthering television and related facilities as an aid or 16
supplement to classroom instruction throughout the Commonwealth and for 17
incidental use in any other proper public functions. The lease may be for any 18
initial term commencing with the date of the lease and ending with the next 19
ensuing June 30, which is the close of the then-current fiscal biennium of the 20
Commonwealth, with exclusive options in favor of the board to renew the 21
same for successive ensuing bienniums, July 1 in each even year to June 30 in 22
the next ensuing even year; and the rentals may be fixed at the sums in each 23
biennium, if renewed, sufficient to enable the State Property and Buildings 24
Commission to pay therefrom the maturing principal of and interest on, and 25
provide reserves for, any revenue bonds which the State Property and 26
Buildings Commission may determine to be necessary and sufficient, in 27 UNOFFICIAL COPY 25 RS BR 1031
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agreement with the board, to provide the cost of acquiring the television and 1
related facilities with appurtenances and costs as may be incident to the 2
issuance of the bonds. 3
(b) Each option of the Kentucky Board of Education to renew the lease for a 4
succeeding biennial term may be exercised at any time after the adjournment 5
of the session of the General Assembly at which appropriations shall have 6
been made for the operation of the state government for such succeeding 7
biennial term, by notifying the State Property and Buildings Commission in 8
writing, signed by the chief state school officer, and delivered to the secretary 9
of the Finance and Administration Cabinet as a member of the commission. 10
The option shall be deemed automatically exercised, and the lease 11
automatically renewed for the succeeding biennium, effective on the first day 12
thereof, unless a written notice of the board's election not to renew shall have 13
been delivered in the office of the secretary of the Finance and Administration 14
Cabinet before the close of business on the last working day in April 15
immediately preceding the beginning of the succeeding biennium. 16
(c) The Kentucky Board of Education shall not itself operate leased television 17
facilities, or undertake the preparation of the educational presentations or 18
films to be transmitted thereby, but may enter into one (1) or more contracts 19
to provide therefor, with any public agency and instrumentality of the 20
Commonwealth having, or able to provide, a staff with proper technical 21
qualifications, upon which agency and instrumentality the board, through the 22
chief state school officer and the Department of Education, is represented in 23
such manner as to coordinate matters of curriculum with the curricula 24
prescribed for the public schools of the Commonwealth. Any contract for the 25
operation of the leased television or related facilities may permit limited and 26
special uses of the television or related facilities for other programs in the 27 UNOFFICIAL COPY 25 RS BR 1031
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public interest, subject to the reasonable terms and conditions as the board and 1
the operating agency and instrumentality may agree upon; but any contract 2
shall affirmatively forbid the use of the television or related facilities, at any 3
time or in any manner, in the dissemination of political propaganda or in 4
furtherance of the interest of any political party or candidate for public office, 5
or for commercial advertising. No lease between the board and the State 6
Property and Buildings Commission shall bind the board to pay rentals for 7
more than one (1) fiscal biennium at a time, subject to the aforesaid renewal 8
options. The board may receive and may apply to rental payments under any 9
lease and to the cost of providing for the operation of the television or related 10
facilities not only appropriations which may be made to it from state funds, 11
from time to time, but also contributions, gifts, matching funds, devises, and 12
bequests from any source, whether federal or state, and whether public or 13
private, so long as the same are not conditioned upon any improper use of the 14
television or related facilities in a manner inconsistent with the provisions of 15
this subsection. 16
(4) The state board may, on the recommendation and with the advice of the chief state 17
school officer, prescribe, print, publish, and distribute at public expense such 18
administrative regulations, courses of study, curriculums, bulletins, programs, 19
outlines, reports, and placards as each deems necessary for the efficient 20
management, control, and operation of the schools and programs under its 21
jurisdiction. All administrative regulations published or distributed by the board 22
shall be enclosed in a booklet or binder on which the words "informational copy" 23
shall be clearly stamped or printed. 24
(5) Upon the recommendation of the chief state school officer or his or her designee, 25
the state board shall establish policy or act on all matters relating to programs, 26
services, publications, capital construction and facility renovation, equipment, 27 UNOFFICIAL COPY 25 RS BR 1031
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litigation, contracts, budgets, and all other matters which are the administrative 1
responsibility of the Department of Education. 2