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AN ACT relating to English language learners. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 157.360 is amended to read as follows: 3
(1) (a) In determining the cost of the program to support education excellence in 4
Kentucky, the statewide guaranteed base funding level, as defined in KRS 5
157.320, shall be computed by dividing the amount appropriated for this 6
purpose by the prior year's statewide average daily attendance. 7
(b) When determining the biennial appropriations for the program, the average 8
daily attendance for each fiscal year shall include an estimate of the number 9
of students graduating early under the provisions of KRS 158.142. 10
(2) Each district shall receive an amount equal to the base funding level for each pupil 11
in average daily attendance in the district in the previous year, except a district shall 12
receive an amount equal to one-half (1/2) of the state portion of the average 13
statewide per pupil guaranteed base funding level for each student who graduated 14
early under the provisions of KRS 158.142. Each district's base funding level shall 15
be adjusted by the following factors: 16
(a) The number of at-risk students in the district. At-risk students shall be 17
identified as those approved for the free lunch program under state and federal 18
guidelines. The number of at-risk students shall be multiplied by a factor to be 19
established by the General Assembly. Funds generated under this paragraph 20
may be used to pay for: 21
1. Alternative programs for students who are at risk of dropping out of 22
school before achieving a diploma; and 23
2. A hazardous duty pay supplement as determined by the local board of 24
education to the teachers who work in alternative programs with 25
students who are violent or assaultive; 26
(b) The number and types of exceptional children in the district as defined by 27 UNOFFICIAL COPY 25 RS BR 1281
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KRS 157.200. Specific weights for each category of exceptionality shall be 1
used in the calculation of the add-on factor for exceptional children;[ and] 2
(c) Beginning with the 2026-2027 school year, the number of children 3
identified as English language learners in the district. The number of 4
English language learners shall be multiplied by a factor of twenty-four 5
one-hundredths (0.24); and 6
(d) Transportation costs. The per-pupil cost of transportation shall be calculated 7
as provided by KRS 157.370. Districts which contract to furnish 8
transportation to students attending nonpublic schools may adopt any payment 9
formula which ensures that no public school funds are used for the 10
transportation of nonpublic students. 11
(3) Beginning with the 2015-2016 school year and each year thereafter, the General 12
Assembly shall annually allocate funds equal to one-half (1/2) of the state portion 13
of the average statewide per pupil guaranteed base funding level for each student 14
who graduated early under the provisions of KRS 158.142 the previous school year 15
to the Kentucky Higher Education Assistance Authority for deposit in the early 16
graduation scholarship trust fund. 17
(4) The program to support education excellence in Kentucky shall be fully 18
implemented by the 1994-95 school year. 19
(5) (a) Except for those schools which have implemented school-based decision 20
making, the commissioner of education shall enforce maximum class sizes for 21
every academic course requirement in all grades except in vocal and 22
instrumental music, and physical education classes. Except as provided in 23
subsection (6) of this section, the maximum number of pupils enrolled in a 24
class shall be as follows: 25
1. Twenty-four (24) in primary grades (kindergarten through third grade); 26
2. Twenty-eight (28) in grade four (4); 27 UNOFFICIAL COPY 25 RS BR 1281
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3. Twenty-nine (29) in grades five (5) and six (6); 1
4. Thirty-one (31) in grades seven (7) to twelve (12). 2
(b) Except for those schools which have implemented school-based decision 3
making, class size loads for middle and secondary school classroom teachers 4
shall not exceed the equivalent of one hundred fifty (150) pupil hours per day. 5
(c) The commissioner of education, upon approval of the Kentucky Board of 6
Education, shall adopt administrative regulations for enforcing this provision. 7
These administrative regulations shall include procedures for a superintendent 8
to request an exemption from the Kentucky Board of Education when unusual 9
circumstances warrant an increased class size for an individual class. A 10
request for an exemption shall include specific reasons for the increased class 11
size with a plan for reducing the class size prior to the beginning of the next 12
school year. A district shall not receive in any one (1) year exemptions for 13
more classes than enroll twenty percent (20%) of the pupils in the primary 14
grades and grades four (4) through eight (8). 15
(d) In all schools the commissioner of education shall enforce the special 16
education maximum class sizes set by administrative regulations adopted by 17
the Kentucky Board of Education. A superintendent may request an 18
exemption pursuant to paragraph (c) of this subsection. A local school council 19
may request a waiver pursuant to KRS 156.160(2). An exemption or waiver 20
shall not be granted if the increased class size will impede any exceptional 21
child from achieving his or her individual education program in the least 22
restrictive environment. 23
(6) In grades four (4) through six (6) with combined grades, the maximum class size 24
shall be the average daily attendance upon which funding is appropriated for the 25
lowest assigned grade in the class. There shall be no exceptions to the maximum 26
class size for combined classes. In combined classes other than the primary grades, 27 UNOFFICIAL COPY 25 RS BR 1281
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no ungraded students shall be placed in a combined class with graded students. In 1
addition, there shall be no more than two (2) consecutive grade levels combined in 2
any one (1) class in grades four (4) through six (6). However, this shall not apply to 3
schools which have implemented school-based decision making. 4
(7) If a local school district, through its admission and release committee, determines 5
that an appropriate program in the least restrictive environment for a particular child 6
with a disability includes either part-time or full-time enrollment with a private 7
school or agency within the state or a public or private agency in another state, the 8
school district shall count as average daily attendance in a public school the time 9
that the child is in attendance at the school or agency, contingent upon approval by 10
the commissioner of education. 11
(8) Pupils attending a center for child learning and study established under an 12
agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose of calculating 13
average daily attendance, be considered as in attendance in the school district in 14
which the child legally resides and which is party to the agreement. For purposes of 15
subsection (1) of this section, teachers who are actually employees of the joint or 16
cooperative action shall be considered as employees of each school district which is 17
a party to the agreement. 18
(9) Program funding shall be increased when the average daily attendance in any 19
district for the first two (2) months of the current school year is greater than the 20
average daily attendance of the district for the first two (2) months of the previous 21
school year. The program funds allotted the district shall be increased by the 22
percent of increase. The average daily attendance in kindergarten is the 23
kindergarten full-time equivalent pupils in average daily attendance. 24
(10) If the average daily attendance for the current school year in any district decreases 25
by ten percent (10%) or more than the average daily attendance for the previous 26
school year, the average daily attendance for purposes of calculating program 27 UNOFFICIAL COPY 25 RS BR 1281
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funding for the next school year shall be increased by an amount equal to two-thirds 1
(2/3) of the decrease in average daily attendance. If the average daily attendance 2
remains the same or decreases in the succeeding school year, the average daily 3
attendance for purposes of calculating program funding for the following school 4
year shall be increased by an amount equal to one-third (1/3) of the decrease for the 5
first year of the decline. 6
(11) If the percentage of attendance of any school district shall have been reduced more 7
than two percent (2%) during the previous school year, the program funding 8
allotted the district for the current school year shall be increased by the difference in 9
the percentage of attendance for the two (2) years immediately prior to the current 10
school year less two percent (2%). 11
(12) (a) Instructional salaries for vocational agriculture classes shall be for twelve (12) 12
months per year. Vocational agriculture teachers shall be responsible for the 13
following program of instruction during the time period beyond the regular 14
school term established by the local board of education: supervision and 15
instruction of students in agriculture experience programs; group and 16
individual instruction of farmers and agribusinessmen; supervision of student 17
members of agricultural organizations who are involved in leadership training 18
or other activity required by state or federal law; or any program of vocational 19
agriculture established by the Department of Education. During extended 20
employment, no vocational agriculture teacher shall receive salary on a day 21
that the teacher is scheduled to attend an institution of higher education class 22
which could be credited toward meeting any certification requirement. 23
(b) Each teacher of agriculture employed shall submit an annual plan for summer 24
program to the local school superintendent for approval. The summer plan 25
shall include a list of tasks to be performed, purposes for each task, and time 26
to be spent on each task. Approval by the local school superintendent shall be 27 UNOFFICIAL COPY 25 RS BR 1281
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in compliance with the guidelines developed by the Department of Education. 1
The supervision and accountability of teachers of vocational agriculture's 2
summer programs shall be the responsibility of the local school 3
superintendent. The local school superintendent shall submit to the 4
commissioner of education a completed report of summer tasks for each 5
vocational agriculture teacher. Twenty percent (20%) of the approved 6
vocational agriculture programs shall be audited annually by the State 7
Department of Education to determine that the summer plan has been properly 8
executed. 9
(13) (a) In allotting program funds for home and hospital instruction, statewide 10
guaranteed base funding, excluding the capital outlay, shall be allotted for 11
each child in average daily attendance in the prior school year who has been 12
properly identified according to Kentucky Board of Education administrative 13
regulations. Attendance shall be calculated pursuant to KRS 157.270 and shall 14
be reported monthly on forms provided by the Department of Education; and 15
(b) Pursuant to administrative regulations of the Kentucky Board of Education, 16
local school districts shall be reimbursed for home and hospital instruction for 17
pupils unable to attend regular school sessions because of short-term health 18
impairments. A reimbursement formula shall be established by administrative 19
regulations to include such factors as a reasonable per hour, per child 20
allotment for teacher instructional time, with a maximum number of funded 21
hours per week, a reasonable allotment for teaching supplies and equipment, 22
and a reasonable allotment for travel expenses to and from instructional 23
assignments, but the formula shall not include an allotment for capital outlay. 24
Attendance shall be calculated pursuant to KRS 157.270 and shall be reported 25
annually on forms provided by the Department of Education. 26
(14) Except for those schools which have implemented school-based decision making 27 UNOFFICIAL COPY 25 RS BR 1281
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and the school council has voted to waive this subsection, kindergarten aides shall 1
be provided for each twenty-four (24) full-time equivalent kindergarten students 2
enrolled. 3
(15) Effective July 1, 2001, there shall be no deduction applied against the base funding 4
level for any pupil in average daily attendance who spends a portion of his or her 5
school day in a program at a state-operated career and technical education or 6
vocational facility. 7
(16) During a fiscal year, a school district may request that the Department of Education 8
recalculate its funds allocated under this section if the current year average daily 9
attendance for the twenty (20) day school month as defined in KRS 158.060(1) that 10
contains the most days within the calendar month of January exceeds the prior year 11
adjusted average daily attendance plus growth by at least one percent (1%). Any 12
adjustments in the allotments approved under this subsection shall be proportional 13
to the remaining days in the school year and subject to available funds under the 14
program to support education excellence in Kentucky. 15
(17) To calculate the state portion of the program to support education excellence in 16
Kentucky for a school district, the Department of Education shall subtract the local 17
effort required under KRS 157.390(5) from the calculated base funding under the 18
program to support education excellence in Kentucky, as required by this section. 19
The value of the real estate used in this calculation shall be the lesser of the current 20
year assessment or the prior year assessment increased by four percent (4%) plus 21
the value of current year new property. The calculation under this subsection shall 22
be subject to available funds. 23
(18) Notwithstanding any other statute or budget of the Commonwealth language to the 24
contrary, time missed due to shortening days for emergencies may be made up by 25
lengthening school days in the school calendar without any loss of funds under the 26
program to support education excellence in Kentucky. 27 UNOFFICIAL COPY 25 RS BR 1281
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Section 2. KRS 160.1596 is amended to read as follows: 1
(1) (a) For purposes of this section, a member of the board of directors of a public 2
charter school shall be considered an officer under KRS 61.040 and shall, 3
within sixty (60) days of final approval of an application, take an oath of 4
office as required under KRS 62.010. 5
(b) Within seventy-five (75) days of the final approval of an application, the 6
board of directors and the authorizer shall enter into a binding charter contract 7
that establishes the academic and operational performance expectations and 8
measures by which the public charter school will be evaluated. 9
(c) The executed charter contract shall become the final authorization for the 10
public charter school. The charter contract shall include: 11
1. The term of the contract; 12
2. The agreements relating to each item required under KRS 160.1592(3) 13
and 160.1593(3), as modified or supplemented during the approval 14
process; 15
3. The rights and duties of each party; 16
4. The administrative relationship between the authorizer and the public 17
charter school; 18
5. The allocation of state, local, and federal funds, and the schedule to 19
disburse funds to the public charter school by the authorizer; 20
6. The process the authorizer will use to provide ongoing oversight, 21
including a process to conduct annual site visits; 22
7. The specific commitments of the public charter school authorizer 23
relating to its obligations to oversee, monitor the progress of, and 24
supervise the public charter school; 25
8. The process and criteria the authorizer will use to annually monitor and 26
evaluate the overall academic, operating, and fiscal conditions of the 27 UNOFFICIAL COPY 25 RS BR 1281
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public charter school, including the process the authorizer will use to 1
oversee the correction of any deficiencies found in the annual review; 2
9. The process for revision or amendment to the terms of the charter 3
contract agreed to by the authorizer and the board of directors of the 4
public charter school; 5
10. The process agreed to by the authorizer and the board of directors of the 6
public charter school that identifies how disputes between the authorizer 7
and the board will be handled; and 8
11. Any other terms and conditions agreed to by the authorizer and the 9
board of directors, including pre-opening conditions. Reasonable 10
conditions shall not include enrollment caps or operational requirements 11
that place undue constraints on a public charter school or are 12
contradictory to the provisions of KRS 160.1590 to 160.1599 and 13
161.141. Such conditions, even when incorporated in a charter contract, 14
shall be considered unilaterally imposed conditions. 15
(d) 1. The performance provisions within a charter contract shall be based on a 16
performance framework that sets forth the academic and operational 17
performance indicators, measures, and metrics to be used by the 18
authorizer to evaluate each public charter school. The performance 19
framework shall include at a minimum indicators, measures, and metrics 20
for: 21
a. Student academic proficiency; 22
b. Student academic growth; 23
c. Achievement gaps in both student proficiency and student growth 24
for student subgroups, including race, sex, socioeconomic status, 25
and areas of exceptionality; 26
d. Student attendance; 27 UNOFFICIAL COPY 25 RS BR 1281
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e. Student suspensions; 1
f. Student withdrawals; 2
g. Student exits; 3
h. Recurrent enrollment from year to year; 4
i. College or career readiness at the end of grade twelve (12); 5
j. Financial performance and sustainability; and 6
k. Board of directors' performance and stewardship, including 7
compliance with all applicable statutes, administrative regulations, 8
and terms of the charter contract. 9
2. The performance framework shall allow the inclusion of additional 10
rigorous, valid, and reliable indicators proposed by a public charter 11
school to augment external evaluations of its performance. The proposed 12
indicators shall be consistent with the purposes of KRS 160.1590 to 13
160.1599 and 161.141 and shall be negotiated with the authorizer. 14
3. The performance framework shall require the disaggregation of student 15
performance data by subgroups, including race, sex, socioeconomic 16
status, and areas of exceptionality. 17
4. The authorizer shall be responsible for collecting, analyzing, and 18
reporting to the state board all state-required assessment and 19
achievement data for each public charter school it oversees. 20
(e) Annual student achievement performance targets shall be set, in accordance 21
with the state accountability system, by each public charter school in 22
conjunction with its authorizer, and those measures shall be designed to help 23
each school meet applicable federal, state, and authorizer goals. 24
(f) The charter contract shall be signed by the chair of the governing board of the 25
authorizer and the chair of the board of directors of the public charter school. 26
An approved charter application shall serve as a charter contract for the public 27 UNOFFICIAL COPY 25 RS BR 1281
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charter school. 1
(g) No public charter school may commence operations without a charter contract 2
executed according to this section and approved in an open meeting of the 3
governing board of the authorizer. 4
(2) Within five (5) days after entering into a charter contract, a copy of the executed 5
contract shall be submitted by the authorizer to the commissioner of education. 6
(3) For the purposes of local and state funding, a public charter school shall serve as a 7
school of the district of location. 8
(4) For the purposes of federal funding, a public charter school shall serve as a local 9
education agency. 10
(5) All students enrolled in a public charter school shall be included in the average 11
daily attendance calculation under KRS 157.360 and the aggregate and average 12
daily attendance of transported pupils calculation under KRS 157.370 of the district 13
of location in the same manner as any other public schools in the district and shall 14
be reported by the public charter schools to the school district and state Department 15
of Education for purposes of calculating the state and local share of funding for 16
each public charter school. 17
(6) Notwithstanding the formula for allocating district funds under KRS 160.345(8) 18
and any other statute governing a district's funding of schools, unless an authorizing 19
district agrees to provide a larger sum of funding in the charter contract, after local 20
capital outlay funds that are restricted in use pursuant to KRS 157.420(4) and funds 21
under KRS 157.440(1)(b) and 157.621 necessary to meet debt service obligations 22
on bonds or other financing mechanisms for new construction and renovation 23
projects for school facilities are excluded, and before any other funds are budgeted 24
for district use, a district shall transfer to each of the public charter schools located 25
within the district: 26
(a) The amount that is proportional to the public charter school's enrollment or 27 UNOFFICIAL COPY 25 RS BR 1281
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average daily attendance in comparison with the overall district qualifying 1
numbers for: 2
1. Funds that are related to students' attendance and enrollment and 3
allocated to the district of location pursuant to KRS 157.360; 4
2. Any add-on or funding factors provided for in the state budget; 5
3. Any add-on or funding factors provided for by the Kentucky 6
Department of Education; and 7
4. Funds pursuant to KRS 157.360(2)(a) and (b) and (13)(a). 8
For each funding source identified in this paragraph, the transfer amount shall 9
be based on the public charter school's qualifying student enrollment or 10
average daily attendance, depending on the method used in the funding 11
source's calculation; 12
(b) On a proportionate per pupil basis: 13
1. Education funds allocated to the school district pursuant to KRS 14
157.440(1)(a) and (2)(a), or pursuant to any applicable federal statute; 15
and 16
2. All taxes and payments in lieu of taxes transferred to the district of 17
location or levied and collected by the district of location; and 18
(c) On a proportionate per pupil transported basis, transportation funds calculated 19
pursuant to KRS 157.360(2)(d)[(c)] and 157.370 and distributed to the district 20
of location, unless the school district provides transportation to students 21
attending the public charter school under written terms agreed upon by the 22
district and the public charter school in either the charter contract or, if the 23
district is not the public charter school's authorizer, a separate agreement. 24
(7) (a) If transportation funds are transferred under this section to a public charter 25
school, then the public charter school receiving those funds shall provide 26
transportation services to the enrolled students residing within the district of 27 UNOFFICIAL COPY 25 RS BR 1281
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location. 1
(b) If funds designated for providing additional services to specific students are 2
transferred under this section, then the public charter school receiving those 3
funds shall provide those services in the same manner as the district of 4
location. 5
(c) If transportation services are not provided by the public charter school and no 6
written agreement to provide transportation services with the district of 7
location exists, then no transportation funds shall be transferred and the 8
district of location shall not be responsible for providing transportation to the 9
public charter school's students. 10
(8) Notwithstanding the identification of funds to be transferred in this section, a 11
collaborative among local school boards authorizing a public charter school may 12
negotiate among the local boards and a charter applicant to identify the amount of 13
funds to be transferred to the public charter school. The agreement shall be detailed 14
in the charter contract. 15
(9) (a) For the calculation of amounts under subsections (6) and (7) of this section 16
during the first school year of operation of a public charter school in a school 17
district, beginning with the start of instruction: 18
1. The public charter school's average daily attendance shall be calculated 19
based on a projection of the public charter school's enrollment and the 20
district's overall average daily attendance; 21
2. The public charter school's aggregate daily attendance of students 22
transported shall be calculated based on a projection of the public 23
charter school's enrollment and transportation plan and the district's 24
overall aggregate daily attendance of students transported; and 25
3. The amounts attributable to each individual student's attendance at the 26
public charter school shall be calculated based on a projection of the 27 UNOFFICIAL COPY 25 RS BR 1281
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public charter school's enrollment and demographics and the district's 1
overall enrollment and demographics. 2
(b) The calculations shall be adjusted in January of the first school year of 3
operation to reflect the first semester's actual data. Subsequent years of 4
operation shall be calculated using actual data from the prior school year. 5
(10) (a) Funds identified for transfer under this section shall be transferred by a district 6
of location to each of the public charter schools located within the district. 7
However, up to three percent (3%) of the funds identified under this section 8
for transfer to a public charter school may be retained by an authorizer as an 9
authorizer fee. 10
(b) If the authorizer of a public charter school does not include the local board of 11
education of the district of location, then the district of location shall transfer 12
the authorizer fee to the public charter school's authorizer. 13
(c) If the Kentucky Board of Education requires the authorization of a public 14
charter school on appeal from an authorizer, the board shall receive twenty-15
five percent (25%) of the authorizing fee for the duration of joint oversight 16
required by KRS 160.1595. 17
(11) Funds identified for transfer by a district of location to a public charter school under 18
this section shall be transferred throughout the school year according to a schedule 19
determined by the state board. The scheduled dates shall be within thirty (30) days 20
of the dates of state disbursement of funds to school districts. Failure to transfer 21
required funds shall, for every five (5) days late, result in a fine to the violator of 22
not less than five percent (5%) of the total funds per funding period to be 23
transferred. Fines imposed shall be transferred to the public charter school affected 24
by the delay. 25
(12) A public charter school shall be eligible for federal and state competitive grants and 26
shall not be excluded from an opportunity to apply or participate so long as the 27 UNOFFICIAL COPY 25 RS BR 1281
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public charter school meets the criteria established for the respective grants. Each 1
public charter school that receives grant aid shall comply with all requirements to 2
receive such aid. 3
(13) A public charter school shall receive a proportionate per pupil share of any state 4
moneys not otherwise identified in this section that is received by the school district 5
of location. The public charter school shall also receive, according to federal law, 6
moneys generated under federal categorical aid programs for students that are 7
eligible for the aid and attending the public charter school. Each public charter 8
school that receives such aid shall comply with all requirements to receive such aid. 9
(14) The commissioner of education shall apply for all federal funding that supports 10
charter school initiatives for which a state must be the applicant and shall cooperate 11
with any public charter school in its efforts to seek federal funding. 12
(15) If a public charter school closes for any reason, the assets of the school shall be 13
distributed first to satisfy outstanding payroll obligations for employees of the 14
school, then to the creditors of the school, then to the district of location or 15
authorizing districts if authorized by a collaborative of local boards of education. If 16
the assets are insufficient to satisfy outstanding obligations, the authorizer shall 17
petition to Circuit Court of the county in which the public charter school is located 18
to prioritize the distribution of assets. 19
(16) The state board shall promulgate administrative regulations to: 20
(a) Establish the process to be used to evaluate the performance of a charter 21
school authorizer, based upon the requirements of KRS 160.1590 to 160.1599 22
and 161.141, and the actions to be taken in response to failures in 23
performance; and 24
(b) Govern the calculation and distribution of funds due to public charter schools 25
from school districts, the schedule of distribution of funds, and the imposition 26
of fines for late distribution of funds. 27 UNOFFICIAL COPY 25 RS BR 1281
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(17) By August 31, 2023, and annually thereafter, each public charter school authorizer 1
shall submit to the commissioner of education, the secretary of the Education and 2
Labor Cabinet, and the Interim Joint Committee on Education a report to include: 3
(a) The names of each public charter school operating under contract with the 4
authorizer during the previous academic year that: 5
1. Closed during or after the academic year; or 6
2. Had the contract nonrenewed or revoked; 7
(b) The names of each public charter school operating under contract with the 8
authorizer during the previous academic year that have not yet begun to 9
operate; 10
(c) The number of applications received, the number reviewed, and the number 11
approved; 12
(d) A summary of the academic and financial performance of each public charter 13
school operated under contract with the authorizer during the previous 14
academic year; and 15
(e) The authorizing duties and functions performed by the authorizer during the 16
previous academic year. 17