CHAPTER 156 Department of Education

Department Generally

156.005. Chief state school officer defined for KRS Chapters 156 to 168.

For purposes of KRS Chapters 156 through 168, “chief state school officer” shall mean the Superintendent of Public Instruction until the close of business on December 31, 1990, and after that date it shall mean the commissioner of education.

History. Enact. Acts 1990, ch. 476, Pt. II, § 33, effective July 13, 1990.

Research References and Practice Aids

Kentucky Bench & Bar.

Education Law: An Overview of the Rose Decision and the Newest Suit on Educational Funding, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 23.

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

156.007. Local Superintendents Advisory Council.

  1. There is hereby established the Local Superintendents Advisory Council, which shall consist of eleven (11) local school district superintendents appointed by the Legislative Research Commission. Seven (7) members shall represent each of the Supreme Court districts as established by KRS 21A.010 and four (4) members shall represent the state at large. The members shall be appointed for a four (4) year term, except the initial appointments shall be as follows: four (4) members shall serve four (4) year terms; three (3) members shall serve two (2) year terms; and four (4) members shall serve one (1) year terms. A vacancy in the membership shall be filled by the commission for the unexpired term.
  2. The council shall advise the chief state school officer and the Kentucky Board of Education concerning the development of administrative regulations and education policy. The chief state school officer shall submit all proposed administrative regulations and educational policies for review by the council prior to seeking approval of the Kentucky Board of Education.

History. Enact. Acts 1994, ch. 354, § 1, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996.

Research References and Practice Aids

Kentucky Bench & Bar.

Education Law: The Federal No Child Left Behind Act — The Kentucky Experience, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 35.

156.010. Commissioner’s authority to organize Department of Education — Composition — Functions.

  1. The commissioner of education shall be the chief executive of the Department of Education. The commissioner shall be responsible for administering, structuring, and organizing the department and its services including, but not limited to, the following:
    1. Technical assistance with curriculum design, school administration and finance, computer and technology services, media services, community education, secondary vocational education, education for exceptional children, and professional development;
    2. Compensatory education;
    3. Research and planning, which shall include, but not be limited to, a statewide research and development effort to identify or develop the best educational practices to be used in the public schools of the Commonwealth. Appropriations for this purpose may be used within the department or for contracting with other individuals, agencies, universities, laboratories, or organizations;
    4. Kentucky School for the Blind and the Kentucky School for the Deaf;
    5. Performance and outcome assessments;
    6. Monitoring the management of school districts, including administration and finance, implementation of state laws and regulations, and student performance; and
    7. Implementing state laws and the policies promulgated thereunder by the Kentucky Board of Education and the Education Professional Standards Board.
  2. The commissioner of education may delegate to his assistants any authority to act for him in the supervision, inspection, and administration of the schools to the extent he has supervisory and administrative control.
  3. All employees of the Department of Education shall be reimbursed for necessary traveling expenses incurred in the performance of their official duties, and no part of the reimbursement shall be included in or accounted as a part of their salaries.
  4. The State Department of Education, in the operation and management of its schools and the programs at these schools, shall meet all required federal and state standards relating to facilities and personnel qualifications; however, no license or license fee shall be required for any school or program operated by the State Department of Education.
  5. The Department of Education shall be the sole state agency for the purpose of developing and approving state plans required by state or federal laws and regulations as prerequisites to receiving federal funds for elementary and secondary education.

History. 4618-20, 4618-80: amend. Acts 1952, ch. 41, § 1; 1962, ch. 13, § 1; 1976, ch. 327, § 1; 1978, ch. 155, § 84, effective June 17, 1978; 1982, ch. 381, § 1, effective July 15, 1982; 1984, ch. 128, § 1, effective July 13, 1984; 1984, ch. 315, § 1, effective July 13, 1984; 1986, ch. 398, § 1, effective July 15, 1986; 1988, ch. 361, § 1, effective July 15, 1988; 1988, ch. 435, § 1, effective July 1, 1988; 1990, ch. 470, § 45, effective July 1, 1990; 1990, ch. 476, Pt. II, § 43, effective July 13, 1990; 1990, ch. 518, § 1, effective July 13, 1990; 1994, ch. 256, § 1, effective July 1, 1994; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

Cited:

Eva N. v. Brock, 741 F. Supp. 626, 1990 U.S. Dist. LEXIS 8111 (E.D. Ky. 1990 ); Horner v. Kentucky High Sch. Athletic Ass'n, 43 F.3d 265, 1994 FED App. 0417P, 1994 U.S. App. LEXIS 36130 (6th Cir. Ky. 1994 ).

Opinions of Attorney General.

To the extent that KRS 156.016 , which gives the power of reorganization of the Department of Education to the Commissioner of Education, is considered to conflict with KRS 12.028 , which indicates that only the Governor or another elected state executive officer may file executive orders for reorganization, clearly, this section and KRS 156.016 supersede KRS 12.028 in that this section and KRS 156.016 were enacted into law more recently than KRS 12.028 and more specifically address the reorganization of the Department of Education. OAG 91-66 .

156.015. Department schools to meet standards for facilities and personnel fixed by law — Licenses not required. [Repealed.]

Compiler’s Notes.

This section (Enact. 1968, ch. 172, § 2) was repealed by Acts 1978, ch. 155, § 165, effective June 17, 1978.

156.016. Abolition of employment positions — Reorganization.

  1. Effective at the close of business on June 30, 1991, all employment positions in the Department of Education shall be abolished and the employment of all employees in the positions shall be terminated. Employees whose employment has been terminated under the provisions of this section shall have the same reemployment rights granted career employees by KRS Chapter 18A, except these employees shall not have priority status on the register for reemployment in the Department of Education. This shall not be construed as prohibiting the Department of Education from rehiring an employee whose employment has been terminated.
  2. After a comprehensive study of the Department of Education and the goals and duties of the commissioner of education and the department as established under the Kentucky Education Reform Act of 1990, 1990 Ky. Acts Ch. 476, the commissioner shall reorganize the department, effective July 1, 1991. The reorganization of the department shall incorporate a strong orientation toward providing technical assistance to school districts. After the comprehensive study, which shall include consultations with current department employees, the commissioner shall establish all positions in the department and set the qualifications for the positions, effective no earlier than July 1, 1991. The commissioner may rehire any department employees whose employment is terminated at the close of business on June 30, 1991, under this section.
  3. This section is in response to a specific court decision demanding specific actions of the General Assembly. The actions authorized by this section are designed for a single time use only in response to the education situation. The actions authorized by this section shall not extend to any other situation or circumstance.

History. Enact. Acts 1990, ch. 476, Pt. II, § 42, effective July 13, 1990.

NOTES TO DECISIONS

1. Appeal of Termination.

Because their jobs were abolished under this section, a part of the Kentucky Education Reform Act, employees of the Kentucky Department of Education, dismissed from their jobs, rehired, and subsequently terminated, were not “reinstated” or “reemployed” and were therefore under “initial probation” and not “promotional probation” when they were discharged and did not have the right to an appeal before the Personnel Board. Hart v. Personnel Bd., 905 S.W.2d 507, 1995 Ky. App. LEXIS 154 (Ky. Ct. App. 1995).

2. — Time.

Employees of Kentucky Department of Education, dismissed from their jobs and rehired pursuant to the Kentucky Education Reform Act and subsequently terminated during their “initial probation” period, did timely appeal their terminations to the Personnel Board for the 30-day limit to file an appeal ran from the time of their discharge on not upon their placement on “initial probation.” Hart v. Personnel Bd., 905 S.W.2d 507, 1995 Ky. App. LEXIS 154 (Ky. Ct. App. 1995).

Opinions of Attorney General.

Although the Commissioner of Education is an appointed chief executive officer of the Department of Education, as commissioner he has the executive authority, unilaterally, to reorganize the department, one time, under the mandate of subsection (3) of this section. OAG 91-66 .

A statutorily, not a constitutionally, created property right exists for state merit employees who hold status in their positions. That right entails protection from dismissal, demotion, suspension or penalization except for cause, but does not entail protection from legislative abolishment of their positions and termination. OAG 91-66 .

It is not unconstitutional for the Legislature to require reorganization of the Department of Education, in the course of developing an efficient system of common schools in compliance with Const., § 183. OAG 91-66 .

Merit employees of the Department of Education may not appeal legislative terminations by Commissioner of Education under this section since in this section the General Assembly abolished all employment positions in the Department of Education and terminated the employment of all employees in those positions, effective at the close of business on June 30, 1991; the personnel board has no jurisdiction over these actions of the General Assembly; the Personnel Board is authorized neither to recreate the positions abolished by the General Assembly nor to reinstate employees whose employment has been terminated by the General Assembly. OAG 91-66 .

To the extent that this section, which gives the power of reorganization of the Department of Education to the Commissioner of Education, is considered to conflict with KRS 12.028 , which indicates that only the Governor or another elected state executive officer may file executive orders for reorganization, clearly, KRS 156.010 and this section supersede KRS 12.028 in that KRS 156.010 and this section were enacted into law more recently than KRS 12.028 and more specifically address the reorganization of the Department of Education. OAG 91-66 .

While state merit employees hold a property right in their employment with the state to the extent that they may not be dismissed, demoted, suspended or otherwise penalized except for cause, there is no statutorily created property right that prevents legislative terminations from a particular agency because there is no statutory provision that provides that legislative terminations cannot take place absent cause. OAG 91-66 .

While this section does not provide for seniority for purposes of termination or rehiring in the Department of Education, seniority applies in all other agencies under the provisions of KRS 18A.135(2) in that all employees of the Department of Education are to be treated as career employees when placed on reemployment lists. OAG 91-66 .

Whether or not an individual who is rehired in the Department of Education will be rehired as a merit or nonmerit employee will depend upon whether the Commissioner of Education hires that individual for a merit or a nonmerit position. OAG 91-87 .

Employees of the Department of Education who are terminated have no priority status for reemployment in the Department of Education; nevertheless, those employees have the rights of career employees which gives them priority on reemployment registers in other agencies. OAG 91-87 .

In view of the fact that any employee rehired by the Department of Education would be a new employee, that employee, so long as he is hired into a classified position, would be required to serve a probationary period following the completion of which the individual would have status in the position that he occupies. OAG 91-87 .

156.017. Regional service centers.

Effective January 1, 1992, the commissioner of education shall establish regional service centers in the Commonwealth that primarily focus on the professional development of employees of school districts. The regional service centers shall be staffed by employees of the Department of Education employed by the commissioner in accordance with KRS 156.016 . The regional service centers may include, but are not limited to, specially trained technical assistance teams and may facilitate the work of school district cooperatives or consortia. A school district cooperative or consortia formed under the Interlocal Cooperation Act, KRS 65.210 to 65.300 , may contract with the Department of Education to serve the role and function of the regional service center for the area in which the cooperative is based. The department may contract directly with a school district cooperative or consortia for services or assistance to accomplish goals and duties of the commissioner of education and the department as established under the Kentucky Education Reform Act of 1990, 1990 Ky. Acts Ch. 476.

History. Enact. Acts 1990, ch. 476, Pt. II, § 44, effective July 13, 1990.

156.018. Role of department with respect to program created by KRS 158.798.

The Department of Education in Kentucky shall promote, support, and assist in the program created in KRS 158.798 by:

  1. Identifying middle and high school students who have a high interest, aptitude, or achievement in math, science, and technology related courses, events, and activities;
  2. Cooperating with the Kentucky Science and Technology Council, Inc., in providing opportunities for middle school students to be recognized and encouraged in pursuit of math and science course work, related activities outside of the classroom, and careers in related fields;
  3. Participating with others in the administration of summer institutes, business and industry internships, career opportunities, and other related experiences directed toward middle and high school students; and
  4. Encouraging representatives from business and industry to participate in the mentorship, internship, scholarship, and career awareness components of the program.

History. Enact. Acts 1992, ch. 408, § 2, effective July 14, 1992.

156.020. Appointment of assistant superintendent of public instruction — Divisions of department. [Repealed.]

Compiler’s Notes.

This section (4384-6; amend. Acts 1956 (1st Ex. Sess.), ch. 7, Art. II, § 1) was repealed by Acts 1978, ch. 155, § 165, effective June 17, 1978.

156.022. Division of surplus property. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. III, §§ 1 to 3; 1966, ch. 255, § 147; 1978, ch. 155, § 82, effective June 17, 1978; 1984, ch. 252, § 1, effective April 6, 1984) was repealed by Acts 1990, ch. 386, § 3, and by Acts 1990, ch. 476, Part VI, § 616, both effective July 13, 1990.

156.024. Department’s budget requests to be submitted to state board.

Prior to submission of the formal budgetary requests of the Department of Education, established in KRS 156.010 , to the Governor and executive branch, complete copies of the budget areas in the board’s jurisdiction shall be forwarded to the Kentucky Board of Education to enable it to fully investigate and review said requests and make recommendations to the Governor.

History. Enact. Acts 1978, ch. 155, § 103, effective June 17, 1978; 1986, ch. 331, § 26, effective July 15, 1986; 1988, ch. 361, § 2, effective July 15, 1988; 1990, ch. 470, § 46, effective July 1, 1990; 1990, ch. 476, Pt. IV, § 126, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Legislative Research Commission Note.

(7/13/90). This section was amended by two 1990 Acts which are in conflict. Pursuant to KRS 446.250 , the Act which was last enacted by the General Assembly prevails.

156.026. Credits allowed transferred district employee.

  1. For purposes of this section, full-time service in a local school for not less than one hundred forty (140) days during the school year entitles an employee who transfers to the Department of Education to a full year of experience credit on the Personnel Cabinet pay schedule and a full year for the purpose of accumulation of annual leave and sick leave in the Department of Education.
  2. An employee of a local school district who transfers to become an employee of the Department of Education after June 30, 1983, shall be allowed to transfer accrued sick leave up to the maximum allowed for transfers for teachers between school districts as provided by KRS 161.155(4). The employee shall be allowed credit for each year of experience in the local school system for the purposes of determining salary in accordance with the current Personnel Cabinet pay schedule, and the rate of accumulation of annual and sick leave in the Department of Education.
  3. For purposes of determining eligibility for additional leave or other benefits based on longevity of service, an employee transferring from a school district to the Department of Education after June 30, 1983, shall be given credit for each year of service in the school district, as determined under subsection (1) of this section.

History. Enact. Acts 1982, ch. 234, § 1, effective July 15, 1982; 1988 ch. 36, § 1, effective July 15, 1988; 1990, ch. 476, Pt. V, § 363, effective July 13, 1990; 1990, ch. 508, § 1, effective July 13, 1990; 1998, ch. 154, § 79, effective July 15, 1998; 2006, ch. 52, § 1, effective July 12, 2006.

Legislative Research Commission Note.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

156.027. Preferential procurement status for publishers who supply materials in alternative formats for students with disabilities — Electronic versions of text that are compatible with Braille translation and speech synthesis software — Digital files.

  1. The following definitions shall apply to this section:
    1. “Alternative format” means any medium or format for the presentation of instructional materials that is needed by a student with an individualized education program or Section 504 Plan for a reading accommodation other than standard print, including but not limited to Braille, large print, audio recordings, digital text, and digital talking books;
    2. “Braille,” “individualized education program,” and “blind students” have the same meaning as defined under KRS 158.281 ;
    3. “Comparable version” denotes that all elements of the print version are present in the electronic version, including graphics with ALT tags though not necessarily in the same order or format;
    4. “Legacy materials” means images and graphics requiring release and permission from another source other than the publisher; and
    5. “Section 504 Plan” means a written statement developed for a student with a disability that includes the provision of regular or special education and related aids and services designed to meet individual educational needs in accordance with the federal regulations issued under 34 C.F.R. sec. 104.33.
  2. The purpose of this section shall be to assure, to the extent feasible, that all students with disabilities in the public schools kindergarten through grade twelve (12) who require reading accommodations in accordance with an individualized education program or Section 504 Plan, including but not limited to students who are blind, visually impaired, or who have a specific learning disability as defined in KRS 157.200 or other disability affecting reading, shall have access to textbooks and instructional materials as defined by administrative regulations of the Kentucky Board of Education in alternative formats that are appropriate to their disability and educational needs.
  3. Notwithstanding any other statute to the contrary, the Department of Education shall give preferential procurement status to textbook and instructional materials from publishers who make their materials available in alternative formats for use by students with disabilities, or who can verify that an accessible format textbook or instructional material is currently available from or is in the process of being created by the American Printing House for the Blind, Recording for the Blind and Dyslexic, or another authorized entity, as defined under 17 U.S.C. sec. 121 and who commonly provide alternative format materials for use by students in Kentucky schools. The Department of Education may assign additional procurement preferences designed to ensure that students with disabilities have access to appropriate alternative formats to meet their needs.
  4. Effective July 1, 2003, the Department of Education shall require to the extent feasible any publisher of a textbook or program adopted for use in the public schools in kindergarten through grade twelve (12) to furnish computer files or electronic versions of the printed textbooks and instructional materials in formats comparable to the printed version that are compatible with commonly used Braille translation and speech synthesis software and include corrections and revisions as may be necessary to assure clarity in presentation and use. Navigation within and between files should be reasonably efficient so that the disabled learner is able to fully utilize the material in a manner that yields the same result as the print version affords a nondisabled learner. File format shall be limited to those formats that allow for a comparable version that is readable with text and screen readers such as HTML, XML, or other formats that meet the criteria stated in this subsection. For extreme cases where ALT tags are not feasible, a tag may read, “This item is too complicated to render with current technology.” Legacy materials shall be exempt from the criteria for this preference. These files shall be provided to the Division of Exceptional Children Services and shall be provided at the same time and in composition and form comparable with the printed version and include corrections and revisions as may be necessary to assure clarity in presentation and use. The Department of Education may define further requirements regarding additional characteristics of digital files submitted in compliance with this section as needed to provide appropriate alternative formats to meet the needs of students with disabilities.
  5. The Department of Education shall require publishers to make digital files, together with two (2) copies of the print version, available at no charge upon request to the American Printing House for the Blind for production of accessible Braille and other materials and to Recording for the Blind and Dyslexic or another authorized entity, as defined under 17 U.S.C. sec. 121 , for production of accessible audio media, digital text, and digital talking books, which produce accessible format materials based on selection and scheduling needs.
  6. Nothing in this section shall in any way lessen the obligation of the public schools to provide for the instruction of blind students in the use of Braille in accordance with KRS 158.282 nor lessen the provision of Braille textbooks for blind students under KRS 156.476 .

History. Enact. Acts 2002, ch. 299, § 1, effective July 15, 2002.

Kentucky Board of Education

156.029. Kentucky Board of Education — Membership — Functions.

  1. There is hereby established a Kentucky Board of Education, which shall consist of eleven (11) members appointed by the Governor and confirmed by the Senate and the House of Representatives of the General Assembly, with the president of the Council on Postsecondary Education serving as an ex officio nonvoting member. Seven (7) members shall represent each of the Supreme Court districts as established by KRS 21A.010 , and four (4) members shall represent the state at large. Each of the appointed members shall serve for a four (4) year term, except the initial appointments shall be as follows: the seven (7) members representing Supreme Court districts shall serve a term which shall expire on April 14, 1994; and the four (4) at-large members shall serve a term which shall expire on April 14, 1992. Subsequent appointments shall be submitted to the Senate and to the House of Representatives for confirmation in accordance with KRS 11.160 . Each appointment by the Governor shall be agreed upon by both chambers in order for the person to be confirmed. Each confirmed appointee shall take office on April 15.
  2. Appointments shall be made without reference to occupation, political affiliation, or similar consideration. No member at the time of his appointment or during the term of his service shall be engaged as a professional educator. Pursuant to KRS 63.080 , a member shall not be removed except for cause.
  3. A vacancy in the membership of the board shall be filled by the Governor for the unexpired term with the consent of the Senate and the House of Representatives. In the event that the General Assembly is not in session at the time of the appointment, the consent of the Senate and the House of Representatives shall be obtained during the time the General Assembly next convenes.
  4. At the first regular meeting of the board in each fiscal year, a chairperson shall be elected from its voting membership.
  5. The members shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.
  6. The commissioner of education shall serve as the executive secretary to the board.
  7. The primary function of the board shall be to develop and adopt policies and administrative regulations, with the advice of the Local Superintendents Advisory Council, by which the Department of Education shall be governed in planning, coordinating, administering, supervising, operating, and evaluating the educational programs, services, and activities within the Department of Education which are within the jurisdiction of the board.

History. Enact. Acts 1990, ch. 476, Pt. II, § 35, effective July 13, 1990; 1992, ch. 415, § 2, effective July 14, 1992; 1994, ch. 354, § 2, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 57, effective May 30, 1997.

NOTES TO DECISIONS

Cited:

Horner v. Kentucky High Sch. Athletic Ass'n, 43 F.3d 265, 1994 FED App. 0417P, 1994 U.S. App. LEXIS 36130 (6th Cir. Ky. 1994 ).

156.030. State Board for Elementary and Secondary Education — Members — Compensation — Function. [Repealed.]

Compiler’s Notes.

This section (4377-2, 4377-4, 4384-5, 4527-63; amend. Acts 1962, ch. 244, Art. III, § 1; 1968, ch. 152, § 116; 1968, ch. 172, § 1; 1978, ch. 155, § 85, effective June 17, 1978; 1978, ch. 384, § 567, effective June 17, 1978) was repealed by Acts 1982, ch. 381, § 12, effective July 15, 1982.

156.031. Existing State Board for Elementary and Secondary Education to remain active until successor board appointed.

  1. Effective until the Governor appoints and the Senate and the House of Representatives of the General Assembly confirm the State Board for Elementary and Secondary Education as established in KRS 156.029 , there is within the Department of Education a State Board for Elementary and Secondary Education which shall consist of thirteen (13) members. Seven (7) members shall be appointed, one (1) from each Supreme Court district, as established by KRS 21A.010 , and six (6) members from the state at large, by the Governor to serve for terms of four (4) years.
  2. The terms of the appointees shall expire on June 30 in the appropriate year, and the terms of each new member appointed thereafter shall begin on July 1.
  3. Vacancies in the membership of the board shall be filled by the Governor for unexpired terms. Appointments shall be made without reference to occupation, political affiliation, or similar consideration. No member at the time of his appointment or during the term of his service shall be engaged as a professional educator.
  4. At the first regular meeting of the board in each fiscal year, a chairperson shall be elected from its voting membership.
  5. The Superintendent of Public Instruction or his designee shall be the executive officer of the board.
  6. The primary function of the board shall be to develop and adopt policies and administrative regulations by which the Department of Education shall be governed in planning, coordinating, administering, supervising, operating, and evaluating the educational programs, services, and activities within the Department of Education which are within the jurisdiction of the board. Existing administrative regulations relating to statutes that are repealed and reenacted in the Kentucky Education Reform Act of 1990, 1990 Ky. Acts ch. 476, and that have not been objected to in the administrative review process as provided for in KRS Chapter 13A shall remain in effect until amended or repealed. Regulations promulgated under newly created or amended statutes in the Kentucky Education Reform Act of 1990, 1990 Ky. Acts ch. 476, shall be promulgated, reviewed, or amended, if necessary, and resubmitted to the Legislative Research Commission, prior to December 30, 1990, except for regulations that are to be promulgated at another date in accordance with other provisions of the Kentucky Education Reform Act of 1990, 1990 Ky. Acts ch. 476.

History. Enact. Acts 1982, ch. 381, § 2, effective July 15, 1982; 1988, ch. 361, § 3, effective July 15, 1988; 1990, ch. 476, Pt. II, § 34, effective July 13, 1990.

Legislative Research Commission Notes.

(7/15/96). Under 1996 Ky. Acts ch. 362, sec. 6, references to the “State Board for Elementary and Secondary Education” in this statute have been left unchanged although the name of that board has been changed by that Act to the “Kentucky Board of Education.”

As enacted, subsection (1) of this section states that the State Board of Education consists of fourteen members. However, it provides for the appointment of only thirteen members. The Reviser of Statutes, pursuant to KRS 7.136 , has made a technical correction in subsection (1) by inserting thirteen in lieu of fourteen.

Pursuant to Executive Order 80-624, the terms of those members appointed on July 30, 1980 shall expire on June 30, as follows: three in 1981; three in 1982; four in 1983; and three in 1984.

Opinions of Attorney General.

This section and KRS 164.010 (now repealed) contain clearly irreconcilable, repugnant provisions, since this section directs the state Board of Education to elect one of its own members to serve as an ex officio member of the council on higher education and KRS 164.010 (now repealed), as amended, has not only deleted the reference to the state Board member on the council but also provides that the council is to be composed of the state superintendent of public instruction and 17 lay members appointed by the Governor, thus leaving no seat on the council to be occupied by a state Board of Education member. As Acts 1982, ch. 379, amending KRS 164.010 (now repealed), became operative on April 9, 1982, and Acts 1982, ch. 381, creating this section, did not become effective until July 15, 1982, the language in KRS 164.010 (now repealed) prevails, so that no member of the state Board of Education will be entitled to sit on the council of higher education. OAG 82-357 .

Under this section the executive director of the council on higher education continues as an ex officio, nonvoting member of the state Board as the section clearly provides that the state Board is to consist of 14 members and, without the executive director of the council, there would only be 13 members. The General Assembly intended that the fourteenth member was to be identified by referring to Executive Order 80-624. OAG 82-357 .

156.032. State board for vocational-technical, adult education and vocational rehabilitation services — Membership — Function. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 361, § 4, effective July 15, 1988) was repealed by Acts 1990, ch. 470, § 72, effective July 1, 1990.

Legislative Research Commission Note.

(7/13/90) This section was amended by one Act [Acts 1990, ch. 476, § 48] and repealed by another Act of the 1990 General Assembly. Pursuant to KRS 446.260 , the Act [Acts 1990, ch. 470, § 72] repealing the section prevails.

156.033. Duties and powers of State Board for Adult, Vocational Education and Vocational Rehabilitation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 476, Pt. II, § 49, effective July 13, 1990) was repealed by Acts 1992, ch. 417, § 12, effective July 14, 1992.

156.035. Legal status of board — Administration of fund.

  1. The Kentucky Board of Education is recognized to be a public body corporate and politic, and an agency and instrumentality of the Commonwealth in the performance of essential governmental functions.
  2. For the benefit of programs under its control and supervision, the board is authorized to implement the provisions of any Act of Congress appropriating and apportioning funds to the state, to receive funds appropriated by the Kentucky General Assembly, to provide for the proper apportionment and disbursement of such funds in accordance with state or federal laws, and to accept and provide for the administration of any gifts, donations, or devises.
    1. The board is authorized to expend funds necessary for errors and omissions insurance premiums for insurance to cover the defense of, and any damages and costs awarded in, any civil action brought against individual board members on account of an act made in the scope and course of their performance of legal duties as board members. (3) (a) The board is authorized to expend funds necessary for errors and omissions insurance premiums for insurance to cover the defense of, and any damages and costs awarded in, any civil action brought against individual board members on account of an act made in the scope and course of their performance of legal duties as board members.
    2. The authorization of the expenditure of public funds for insurance is deemed critical to continuing to attract qualified individuals to become members of state boards, and is deemed to authorize the expenditure of public funds for a public purpose.
    3. Nothing in this subsection shall be construed as a waiver of the sovereign immunity of the Commonwealth with respect to claims against the Kentucky Board of Education, the Department of Education, or any of their respective officers, agents, or employees.

History. Enact. Acts 1962, ch. 13, § 2; 1978, ch. 155, § 86, effective June 17, 1978; 1986, ch. 264, § 1, effective April 3, 1986; 1986, ch. 331, § 27, effective July 15, 1986; 1988, ch. 361, § 5, effective July 15, 1988; 1990, ch. 470, § 47, effective July 1, 1990; 1990, ch. 476, Pt. IV, § 127, effective July 13, 1990; 1996, ch. 362, § 2, effective July 1, 1996.

Legislative Research Commission Note.

(7/13/90). This section was amended by two 1990 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails pursuant to KRS 446.250 .

NOTES TO DECISIONS

Cited:

Horner v. Kentucky High Sch. Athletic Ass'n, 43 F.3d 265, 1994 FED App. 0417P, 1994 U.S. App. LEXIS 36130 (6th Cir. Ky. 1994 ).

Opinions of Attorney General.

When this section, KRS 156.070 and 156.114 (repealed) are viewed cumulatively, there is strong support for the power of the State Board of Education to withhold state funds from any school district failing to file reports required by statute or regulation of the state board. OAG 79-464 .

156.040. Qualification of board members.

  1. As used in this section, “relative” means father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, and daughter-in-law.
  2. A member of the Kentucky Board of Education shall:
    1. Be at least thirty (30) years of age;
    2. Have at least an associate degree or its equivalent;
    3. Have been a resident of Kentucky for at least three (3) years preceding the member’s appointment;
    4. Not hold a state office requiring the constitutional oath;
    5. Not be a member of the General Assembly;
    6. Not hold or discharge the duties of any civil or political office, deputyship, or agency under the city or county of his or her residence;
    7. Not be directly or indirectly interested in the sale to the Kentucky Board of Education or the Department of Education of books, stationery, or any other property, materials, supplies, equipment, or services for which board or department funds are expended;
    8. Not have a relative as defined in subsection (1) of this section who is employed by the Department of Education;
    9. Not have been removed from the board for cause; and
    10. Not be engaged as an elementary or secondary education professional educator.
  3. Appointments to the board shall be made without reference to occupation, political affiliation, or similar considerations.

History. 4377-5; amend. Acts 1962, ch. 244, Art. III, § 3; 1978, ch. 155, § 87, effective June 17, 1978; 1986, ch. 331, § 28, effective July 15, 1986; 1988, ch. 361, § 6, effective July 15, 1988; 1990, ch. 470, § 48, effective July 1, 1990; 1990, ch. 476, Pt. II, § 38, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 257, § 1, effective July 15, 1998; 2003, ch. 26, § 1, effective March 10, 2003.

Legislative Research Commission Note.

(7/13/90). This section was amended by two 1990 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails pursuant to KRS 446.250 .

156.050. Rules — Secretary. [Repealed.]

Compiler’s Notes.

This section (4377-7) was repealed by Acts 1978, ch. 155, § 165, effective June 17, 1978.

156.060. Quorum — Meetings — Location of office — Compensation.

For meetings of the Kentucky Board of Education, a majority of the voting members shall constitute a quorum for the transaction of business. The board shall meet not less than every three (3) months and at other times it may be called as provided in this section. Special meetings of the board may be called by the chairperson, and upon written request of two (2) members, the chairperson shall call a special meeting of the board to be held not later than twenty (20) days following receipt of the written request. The chairperson shall give notice through the secretary by registered or certified mail, return receipt requested, to each member of the board at least ten (10) days prior to the time of any meeting unless all members of the board waive notice in writing. The offices of the board shall be at the seat of government in the Department of Education and shall be provided by the state. Members of the board may receive a per diem of one hundred dollars ($100) for each regular or special meeting attended and actual expenses for attending meetings, and may be reimbursed for other actual and necessary expenditures incurred in the performance of their duties authorized by the board. The per diem and expenses shall be paid out of the appropriation for the board.

History. 4377-8; amend Acts 1942, ch. 201, §§ 1, 2; 1962, ch. 244, Art. III, § 2; 1974, ch. 315, § 15; 1978, ch. 155, § 88, effective June 17, 1978; 1980, ch. 114, § 20, effective July 15, 1980; 1982, ch. 381, § 3, effective July 15, 1982; 1988, ch. 361, § 7, effective July 15, 1988; 1990, ch. 470, § 49, effective July 1, 1990; 1990, ch. 476, Pt. IV, § 128, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Opinions of Attorney General.

The literal language of this section provides a per diem and actual expenses for members of the State Board for Elementary and Secondary Education for attending regular or special meetings of the State Board for Elementary and Secondary Education and in other situations where matters relating to duties as a board member are performed, the board member is entitled to “actual and necessary expenditures” but not a per diem. OAG 79-466 .

156.070. General powers and duties of state board.

  1. The Kentucky Board of Education shall have the management and control of the common schools and all programs operated in these schools, including interscholastic athletics, the Kentucky School for the Deaf, the Kentucky School for the Blind, and community education programs and services.
  2. The Kentucky Board of Education may designate an organization or agency to manage interscholastic athletics in the common schools, provided that the rules, regulations, and bylaws of any organization or agency so designated shall be approved by the board, and provided further that any administrative hearing conducted by the designated managing organization or agency shall be conducted in accordance with KRS Chapter 13B.
    1. The state board or its designated agency shall assure through promulgation of administrative regulations that if a secondary school sponsors or intends to sponsor an athletic activity or sport that is similar to a sport for which National Collegiate Athletic Association members offer an athletic scholarship, the school shall sponsor the athletic activity or sport for which a scholarship is offered. The administrative regulations shall specify which athletic activities are similar to sports for which National Collegiate Athletic Association members offer scholarships.
    2. Beginning with the 2003-2004 school year, the state board shall require any agency or organization designated by the state board to manage interscholastic athletics to adopt bylaws that establish as members of the agency’s or organization’s board of control one (1) representative of nonpublic member schools who is elected by the nonpublic school members of the agency or organization from regions one (1) through eight (8) and one (1) representative of nonpublic member schools who is elected by the nonpublic member schools of the agency or organization from regions nine (9) through sixteen (16). The nonpublic school representatives on the board of control shall not be from classification A1 or D1 schools. Following initial election of these nonpublic school representatives to the agency’s or organization’s board of control, terms of the nonpublic school representatives shall be staggered so that only one (1) nonpublic school member is elected in each even-numbered year.
    3. The state board or any agency designated by the state board to manage interscholastic athletics shall not promulgate rules, administrative regulations, or bylaws that prohibit pupils in grades seven (7) to eight (8) from participating in any high school sports except for high school varsity soccer and football, or from participating on more than one (1) school-sponsored team at the same time in the same sport. The Kentucky Board of Education, or an agency designated by the board to manage interscholastic athletics, may promulgate administrative regulations restricting, limiting, or prohibiting participation in high school varsity soccer and football for students who have not successfully completed the eighth grade.
      1. The state board or any agency designated by the state board to manage interscholastic athletics shall allow a member school’s team or students to play against students of a non-member at-home private school, or a team of students from non-member at-home private schools, if the non-member at-home private schools and students comply with this subsection. (d) 1. The state board or any agency designated by the state board to manage interscholastic athletics shall allow a member school’s team or students to play against students of a non-member at-home private school, or a team of students from non-member at-home private schools, if the non-member at-home private schools and students comply with this subsection.
      2. A non-member at-home private school’s team and students shall comply with the rules for student athletes, including rules concerning:
        1. Age;
        2. School semesters;
        3. Scholarships;
        4. Physical exams;
        5. Foreign student eligibility; and
        6. Amateurs.
      3. A coach of a non-member at-home private school’s team shall comply with the rules concerning certification of member school coaches as required by the state board or any agency designated by the state board to manage interscholastic athletics.
      4. This subsection shall not allow a non-member at-home private school’s team to participate in a sanctioned:
        1. Conference;
        2. Conference tournament;
        3. District tournament;
        4. Regional tournament; or
        5. State tournament or event.
      5. This subsection does not allow eligibility for a recognition, award, or championship sponsored by the state board or any agency designated by the state board to manage interscholastic athletics.
      6. A non-member at-home private school’s team or students may participate in interscholastic athletics permitted, offered, or sponsored by the state board or any agency designated by the state board to manage interscholastic athletics.
    4. Every local board of education shall require an annual medical examination performed and signed by a physician, physician assistant, advanced practice registered nurse, or chiropractor, if performed within the professional’s scope of practice, for each student seeking eligibility to participate in any school athletic activity or sport. The Kentucky Board of Education or any organization or agency designated by the state board to manage interscholastic athletics shall not promulgate administrative regulations or adopt any policies or bylaws that are contrary to the provisions of this paragraph.
    5. Any student who turns nineteen (19) years of age prior to August 1 shall not be eligible for high school athletics in Kentucky. Any student who turns nineteen (19) years of age on or after August 1 shall remain eligible for that school year only. An exception to the provisions of this paragraph shall be made, and the student shall be eligible for high school athletics in Kentucky if the student:
      1. Qualified for exceptional children services and had an individual education program developed by an admissions and release committee (ARC) while the student was enrolled in the primary school program;
      2. Was retained in the primary school program because of an ARC committee recommendation; and
      3. Has not completed four (4) consecutive years or eight (8) consecutive semesters of eligibility following initial promotion from grade eight (8) to grade nine (9).
      1. The state board or any agency designated by the state board to manage interscholastic athletics shall promulgate administrative regulations that permit a school district to employ or assign nonteaching or noncertified personnel or personnel without postsecondary education credit hours to serve in a coaching position. The administrative regulations shall give preference to the hiring or assignment of certified personnel in coaching positions. (g) 1. The state board or any agency designated by the state board to manage interscholastic athletics shall promulgate administrative regulations that permit a school district to employ or assign nonteaching or noncertified personnel or personnel without postsecondary education credit hours to serve in a coaching position. The administrative regulations shall give preference to the hiring or assignment of certified personnel in coaching positions.
      2. A person employed in a coaching position shall be a high school graduate and at least twenty-one (21) years of age and shall submit to a criminal background check in accordance with KRS 160.380 .
      3. The administrative regulations shall specify post-hire requirements for persons employed in coaching positions.
      4. The regulations shall permit a predetermined number of hours of professional development training approved by the state board or its designated agency to be used in lieu of postsecondary education credit hour requirements.
      5. A local school board may specify post-hire requirements for personnel employed in coaching positions in addition to those specified in subparagraph 3. of this paragraph.
    1. The Kentucky Board of Education is hereby authorized to lease from the State Property and Buildings Commission, or others, whether public or private, any lands, buildings, structures, installations, and facilities suitable for use in establishing and furthering television and related facilities as an aid or supplement to classroom instruction, throughout the Commonwealth, and for incidental use in any other proper public functions. The lease may be for any initial term commencing with the date of the lease and ending with the next ensuing June 30, which is the close of the then-current fiscal biennium of the Commonwealth, with exclusive options in favor of the board to renew the same for successive ensuing bienniums, July 1 in each even year to June 30 in the next ensuing even year; and the rentals may be fixed at the sums in each biennium, if renewed, sufficient to enable the State Property and Buildings Commission to pay therefrom the maturing principal of and interest on, and provide reserves for, any revenue bonds which the State Property and Buildings Commission may determine to be necessary and sufficient, in agreement with the board, to provide the cost of acquiring the television and related facilities, with appurtenances, and costs as may be incident to the issuance of the bonds. (3) (a) The Kentucky Board of Education is hereby authorized to lease from the State Property and Buildings Commission, or others, whether public or private, any lands, buildings, structures, installations, and facilities suitable for use in establishing and furthering television and related facilities as an aid or supplement to classroom instruction, throughout the Commonwealth, and for incidental use in any other proper public functions. The lease may be for any initial term commencing with the date of the lease and ending with the next ensuing June 30, which is the close of the then-current fiscal biennium of the Commonwealth, with exclusive options in favor of the board to renew the same for successive ensuing bienniums, July 1 in each even year to June 30 in the next ensuing even year; and the rentals may be fixed at the sums in each biennium, if renewed, sufficient to enable the State Property and Buildings Commission to pay therefrom the maturing principal of and interest on, and provide reserves for, any revenue bonds which the State Property and Buildings Commission may determine to be necessary and sufficient, in agreement with the board, to provide the cost of acquiring the television and related facilities, with appurtenances, and costs as may be incident to the issuance of the bonds.
    2. Each option of the Kentucky Board of Education to renew the lease for a succeeding biennial term may be exercised at any time after the adjournment of the session of the General Assembly at which appropriations shall have been made for the operation of the state government for such succeeding biennial term, by notifying the State Property and Buildings Commission in writing, signed by the chief state school officer, and delivered to the secretary of the Finance and Administration Cabinet as a member of the commission. The option shall be deemed automatically exercised, and the lease automatically renewed for the succeeding biennium, effective on the first day thereof, unless a written notice of the board’s election not to renew shall have been delivered in the office of the secretary of the Finance and Administration Cabinet before the close of business on the last working day in April immediately preceding the beginning of the succeeding biennium.
    3. The Kentucky Board of Education shall not itself operate leased television facilities, or undertake the preparation of the educational presentations or films to be transmitted thereby, but may enter into one (1) or more contracts to provide therefor, with any public agency and instrumentality of the Commonwealth having, or able to provide, a staff with proper technical qualifications, upon which agency and instrumentality the board, through the chief state school officer and the Department of Education, is represented in such manner as to coordinate matters of curriculum with the curricula prescribed for the public schools of the Commonwealth. Any contract for the operation of the leased television or related facilities may permit limited and special uses of the television or related facilities for other programs in the public interest, subject to the reasonable terms and conditions as the board and the operating agency and instrumentality may agree upon; but any contract shall affirmatively forbid the use of the television or related facilities, at any time or in any manner, in the dissemination of political propaganda or in furtherance of the interest of any political party or candidate for public office, or for commercial advertising. No lease between the board and the State Property and Buildings Commission shall bind the board to pay rentals for more than one (1) fiscal biennium at a time, subject to the aforesaid renewal options. The board may receive and may apply to rental payments under any lease and to the cost of providing for the operation of the television or related facilities not only appropriations which may be made to it from state funds, from time to time, but also contributions, gifts, matching funds, devises, and bequests from any source, whether federal or state, and whether public or private, so long as the same are not conditioned upon any improper use of the television or related facilities in a manner inconsistent with the provisions of this subsection.
  3. The state board may, on the recommendation and with the advice of the chief state school officer, prescribe, print, publish, and distribute at public expense such administrative regulations, courses of study, curriculums, bulletins, programs, outlines, reports, and placards as each deems necessary for the efficient management, control, and operation of the schools and programs under its jurisdiction. All administrative regulations published or distributed by the board shall be enclosed in a booklet or binder on which the words “informational copy” shall be clearly stamped or printed.
  4. Upon the recommendation of the chief state school officer or his designee, the state board shall establish policy or act on all matters relating to programs, services, publications, capital construction and facility renovation, equipment, litigation, contracts, budgets, and all other matters which are the administrative responsibility of the Department of Education.

HISTORY: 4377-1, 4377-12, 4527-63, 4618.80; amend. Acts 1952, ch. 41, § 2; 1958, ch. 47, § 2; 1962, ch. 13, § 3; 1964, ch. 5; 1970, ch. 204, § 7; 1976, ch. 327, § 2; 1978, ch. 60, § 1, effective June 17, 1978; 1978, ch. 155, §§ 41, 82, 89, effective June 17, 1978; 1982, ch. 381, § 4, effective July 15, 1982; 1988, ch. 361, § 8, effective July 15, 1988; 1990, ch. 182, § 1, effective March 30, 1990; 1990, ch. 470, § 50, effective July 1, 1990; 1990, ch. 476, Pt. II, § 47, effective July 13, 1990; 1992, ch. 405, § 1, effective April 10, 1992; 1994, ch. 230, § 1, effective July 15, 1994; 1996, ch. 318, § 45, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 108, § 1, effective July 15, 1998; 2001, ch. 147, § 1, effective June 21, 2001; 2002, ch. 277, § 2, effective July 15, 2002; 2002, ch. 301, § 1, effective July 15, 2002; 2007, ch. 112, § 1, effective June 26, 2007; 2010, ch. 85, § 26, effective July 15, 2010; 2010, ch. 146, § 1, effective April 13, 2010; 2012, ch. 72, § 2, effective April 11, 2012; 2018 ch. 75, § 1, effective July 14, 2018.

Legislative Research Commission Note.

(7/13/90). This section was amended by three 1990 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails pursuant to KRS 446.250 .

NOTES TO DECISIONS

  1. Board Subject to Title IX.
  2. Athletics.
1. Board Subject to Title IX.

The Kentucky State Board for Elementary and Secondary Education, as a “recipient” of federal financial assistance, and the Kentucky High School Athletic Association, as an “agent” indirectly receiving federal funds, would both be subject to Title IX of the Education Amendments of 1972, as amended by the Civil Rights Restoration Act of 1987, 20 USCS §§ 1681-1688. Horner v. Kentucky High Sch. Athletic Ass'n, 43 F.3d 265, 1994 FED App. 0417P, 1994 U.S. App. LEXIS 36130 (6th Cir. Ky. 1994 ).

2. Athletics.

In creating the Kentucky Board of Education, the General Assembly recognized that its functions included the management of interscholastic athletics, and it authorized the Kentucky Board of Education to designate an agent for the purpose of performing that function, the Kentucky High School Athletic Association; interscholastic athletics have been recognized as an integral part of secondary education, and thus, have been considered a governmental function. Yanero v. Davis, 65 S.W.3d 510, 2001 Ky. LEXIS 203 ( Ky. 2001 ).

Cited:

Horner ex rel. Horner v. Kentucky High Sch. Ath. Ass'n, 206 F.3d 685, 2000 FED App. 96P, 2000 U.S. App. LEXIS 4282 (6th Cir. 2000).

Opinions of Attorney General.

The Kentucky High School Athletic Association may purchase property from an entity in which the Governor is a general partner, without violating KRS 45A.340 . OAG 90-27 .

If the board determines that it is not in the best interest of the general health and welfare of pupils of a particular weight and height to participate in high-contact sports, the board may, without violating this section, limit participation in such sports activities by students who fail to meet the weight and height requirements. OAG 90-87 .

Nothing in this section prohibits the state board, the Kentucky High School Athletic Association, or local school boards from making rules that limit a student’s participation in sports activities based on student’s health, safety and academic standing. OAG 90-87 .

This section, KRS 156.160 , and the accompanying regulation, 704 KAR 7:055 set the standards to be followed by employees of the common schools with regard to the imposition of corporal punishment. OAG 92-20 .

Effective July 14, 1992, under subsection (2) of this section the State Board for Elementary and Secondary Education and the Kentucky High School Athletic Association may, by rule, administrative regulation, or bylaw, restrict or prohibit 7th and 8th grade students from participating in high school varsity wrestling, soccer, and football. Regulation of participation of 7th or 8th grade students in high school varsity wrestling, soccer, and football is not mandatory, but within the discretion of the state board and the athletic association. OAG 92-98 .

Although the Kentucky High School Athletic Association was originally created as a private, voluntary, unincorporated association, it assumed a public character as a policy making board of an institution of education when, pursuant to KRS 156.070(2) and 702 KAR 7:065 Section 1, it was designated by the Kentucky Board of Education as the agency responsible for managing interscholastic athletics in the schools. Accordingly, the KHSAA is a public agency for purposes of the Open Records Act. OAG 04-ORD-244.

Research References and Practice Aids

Kentucky Law Journal.

Note, Official Immunity in Kentucky: The New Standard Under Yanero v. Davis, 90 Ky. L.J. 635 (2001-02).

156.071. Delegation of taking evidence and writing recommendation of disposition to hearing officer or panel — Compensatory time for staff conducting school facility public hearings.

The Kentucky Board of Education may, any statute to the contrary notwithstanding, delegate the taking of evidence, and the rendition of a written recommendation of disposition to the full board, to a panel of the board, to a single member of the board acting as a hearing officer, or to a hearing officer appointed by the board relative to any hearing, appeal, or decision, judicial or quasi-judicial in nature, which the board is empowered or directed, by this or any other chapter, to conduct, hear, or make; provided, the full board, as provided by statute, makes the final decision or determination, based upon the evidence submitted. For the purpose of serving as a hearing officer for the board, the board and the Department of Education shall not enter into a personal service contract; employ additional staff; or provide additional compensation to existing staff, except for compensatory time for staff who conduct school facility public hearings outside of their regular working hours.

History. Enact. Acts 1982, ch. 349, § 1, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 364, effective July 13, 1990; 1992, ch. 147, § 1, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996.

156.072. Waiver of reporting requirement.

  1. At the request of a local board of education or a school council, a local school district superintendent shall submit a request to the Kentucky Board of Education for a waiver from a reporting requirement established by a Kentucky Revised Statute that requires the paperwork to be submitted to the Kentucky Board of Education or the Department of Education.
  2. Upon a finding of good cause for the waiver, the Kentucky Board of Education may grant the waiver.
  3. The Kentucky Board of Education shall not waive statutory paperwork or reporting requirements necessary under federal law or relating to health, safety, or civil rights.

History. Enact. Acts 2000, ch. 277, § 1, effective July 14, 2000.

156.074. Purchase contract for supplies, equipment — Specifications — Terms.

The Kentucky Board of Education, upon requisition to the Finance and Administration Cabinet, may secure price contract agreements for the purchase of supplies and equipment by district boards of education. The board by regulation shall specify the particular types of supplies and equipment for which contracts shall be secured and may revise such lists from time to time. The board, in consultation with the Finance and Administration Cabinet, shall fix standards of quality and quantity and shall develop standard specifications for supplies and equipment. The Finance and Administration Cabinet shall enter into price contract agreements under the law relating to state purchasing. Such contracts shall establish sources of supply, maximum prices to be paid, and shall set forth the length of time for which such contracts shall be valid, not to exceed one (1) year.

History. Enact. Acts 1962, ch. 244, Art. II, § 6; 1966, ch. 255, § 148; 1974, ch. 74, Art. II, § 9(1); 1978, ch. 155, § 82, effective July 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 365, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

156.076. Price contracts information to be furnished district boards — Purchase conditions.

The chief state school officer shall furnish full information on established price contracts to each district board of education. Any board of education may purchase supplies and equipment from the vendor to whom the contract has been awarded, under the terms of the contract. Any board of education may advertise for its own bids on supplies and equipment which meet the specifications of the contracts awarded by the Office of Material and Procurement Services in the Office of the Controller. Any board of education, after advertising for bids, may award contracts if the chief state school officer certifies that the bid offers supplies and equipment which meet the standards and specifications fixed by the Kentucky Board of Education and that the bid price is lower than that established by the price contract agreement. If supplies and equipment that meet the specifications of the contracts awarded by the Office of Material and Procurement Services or a federal, local, or cooperative agency are available for purchase elsewhere, a board of education may purchase those supplies and equipment without advertising for bids. However, prior to making the purchases, the board of education shall obtain certification from:

  1. The Department of Education for technology components defined in the master plan for education technology for which standards have been established by the Kentucky Board of Education. The department shall certify that the items to be purchased meet or exceed, at a lower cost, the specifications of the components of the original equipment of manufacturers currently holding Kentucky education technology system price contracts; and
  2. The district’s finance officer for supplies and equipment other than that described in subsection (1) of this section. He shall certify that the items to be purchased meet the standards and specifications fixed by state price contract, federal (GSA) price contract, the local school district’s bid, or the bid of another school district whose bid specifications allow other districts to utilize their bids, and that the sales price is lower than that established by the price contract agreement or available through the bidding process and the price does not exceed two thousand five hundred dollars ($2,500).

History. Enact. Acts 1962, ch. 244, Art. II, § 7; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 129, effective July 13, 1990; 1996, ch. 89, § 4, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 5, § 9, effective July 14, 2000; 2005, ch. 85, § 590, effective June 20, 2005.

156.080. School census — Forms and rules for. [Repealed.]

Compiler’s Notes.

This section (4434-30; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990. For present law see KRS 159.250 .

156.090. Certificates of school employees — Board to publish regulations concerning. [Repealed.]

Compiler’s Notes.

This section (4502-12; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

156.095. Professional development programs — Professional development coordinator — Long-term improvement plans — Suicide prevention awareness information — Suicide prevention training — Active shooter training, also applicable to charter schools — Evidence-informed trainings on child abuse and neglect — Electronic consumer bulletin board — Training to address needs of students at risk — Teacher academics — Annual report to Juvenile Justice Oversight Council.

  1. The Kentucky Department of Education shall establish, direct, and maintain a statewide program of professional development to improve instruction in the public schools.
  2. Each local school district superintendent shall appoint a certified school employee to fulfill the role and responsibilities of a professional development coordinator who shall disseminate professional development information to schools and personnel. Upon request by a school council or any employees of the district, the coordinator shall provide technical assistance to the council or the personnel that may include assisting with needs assessments, analyzing school data, planning and evaluation assistance, organizing districtwide programs requested by school councils or groups of teachers, or other coordination activities.
    1. The manner of appointment, qualifications, and other duties of the professional development coordinator shall be established by Kentucky Board of Education through promulgation of administrative regulations.
    2. The local district professional development coordinator shall participate in the Kentucky Department of Education annual training program for local school district professional development coordinators. The training program may include, but not be limited to, the demonstration of various approaches to needs assessment and planning; strategies for implementing long-term, school-based professional development; strategies for strengthening teachers’ roles in the planning, development, and evaluation of professional development; and demonstrations of model professional development programs. The training shall include information about teacher learning opportunities relating to the core content standards. The Kentucky Department of Education shall regularly collect and distribute this information.
  3. The Kentucky Department of Education shall provide or facilitate optional, professional development programs for certified personnel throughout the Commonwealth that are based on the statewide needs of teachers, administrators, and other education personnel. Programs may include classified staff and parents when appropriate. Programs offered or facilitated by the department shall be at locations and times convenient to local school personnel and shall be made accessible through the use of technology when appropriate. They shall include programs that: address the goals for Kentucky schools as stated in KRS 158.6451 , including reducing the achievement gaps as determined by an equity analysis of the disaggregated student performance data from the state assessment program developed under KRS 158.6453 ; engage educators in effective learning processes and foster collegiality and collaboration; and provide support for staff to incorporate newly acquired skills into their work through practicing the skills, gathering information about the results, and reflecting on their efforts. Professional development programs shall be made available to teachers based on their needs which shall include but not be limited to the following areas:
    1. Strategies to reduce the achievement gaps among various groups of students and to provide continuous progress;
    2. Curriculum content and methods of instruction for each content area, including differentiated instruction;
    3. School-based decision making;
    4. Assessment literacy;
    5. Integration of performance-based student assessment into daily classroom instruction;
    6. Nongraded primary programs;
    7. Research-based instructional practices;
    8. Instructional uses of technology;
    9. Curriculum design to serve the needs of students with diverse learning styles and skills and of students of diverse cultures;
    10. Instruction in reading, including phonics, phonemic awareness, comprehension, fluency, and vocabulary;
    11. Educational leadership; and
    12. Strategies to incorporate character education throughout the curriculum.
  4. The department shall assist school personnel in assessing the impact of professional development on their instructional practices and student learning.
  5. The department shall assist districts and school councils with the development of long-term school and district improvement plans that include multiple strategies for professional development based on the assessment of needs at the school level.
    1. Professional development strategies may include but are not limited to participation in subject matter academies, teacher networks, training institutes, workshops, seminars, and study groups; collegial planning; action research; mentoring programs; appropriate university courses; and other forms of professional development.
    2. In planning the use of the four (4) days for professional development under KRS 158.070 , school councils and districts shall give priority to programs that increase teachers’ understanding of curriculum content and methods of instruction appropriate for each content area based on individual school plans. The district may use up to one (1) day to provide district-wide training and training that is mandated by state or federal law. Only those employees identified in the mandate or affected by the mandate shall be required to attend the training.
    3. State funds allocated for professional development shall be used to support professional development initiatives that are consistent with local school improvement and professional development plans and teachers’ individual growth plans. The funds may be used throughout the year for all staff, including classified and certified staff and parents on school councils or committees. A portion of the funds allocated to each school council under KRS 160.345 may be used to prepare or enhance the teachers’ knowledge and teaching practices related to the content and subject matter that are required for their specific classroom assignments.
    1. By August 1, 2010, the Kentucky Cabinet for Health and Family Services shall post on its Web page suicide prevention awareness information, to include recognizing the warning signs of a suicide crisis. The Web page shall include information related to suicide prevention training opportunities offered by the cabinet or an agency recognized by the cabinet as a training provider. (6) (a) By August 1, 2010, the Kentucky Cabinet for Health and Family Services shall post on its Web page suicide prevention awareness information, to include recognizing the warning signs of a suicide crisis. The Web page shall include information related to suicide prevention training opportunities offered by the cabinet or an agency recognized by the cabinet as a training provider.
    2. By September 15 of each year, every public school shall provide suicide prevention awareness information in person, by live streaming, or via a video recording to all students in grades six (6) through twelve (12). The information may be obtained from the Cabinet for Health and Family Services or from a commercially developed suicide prevention training program.
      1. Beginning with the 2018-2019 school year, and every year thereafter, a minimum of one (1) hour of high-quality suicide prevention training, including the recognition of signs and symptoms of possible mental illness, shall be required for all school district employees with job duties requiring direct contact with students in grades six (6) through twelve (12). The training shall be provided either in person, by live streaming, or via a video recording and may be included in the four (4) days of professional development under KRS 158.070 . (c) 1. Beginning with the 2018-2019 school year, and every year thereafter, a minimum of one (1) hour of high-quality suicide prevention training, including the recognition of signs and symptoms of possible mental illness, shall be required for all school district employees with job duties requiring direct contact with students in grades six (6) through twelve (12). The training shall be provided either in person, by live streaming, or via a video recording and may be included in the four (4) days of professional development under KRS 158.070 .
      2. When a staff member subject to the training under subparagraph 1. of this paragraph is initially hired during a school year in which the training is not required, the local district shall provide suicide prevention materials to the staff member for review.
    3. The requirements of paragraphs (b) and (c) of this subsection shall apply to public charter schools as a health and safety requirement under KRS 160.1592(1).
    1. By November 1, 2019, and November 1 of each year thereafter, a minimum of one (1) hour of training on how to respond to an active shooter situation shall be required for all school district employees with job duties requiring direct contact with students. The training shall be provided either in person, by live streaming, or via a video recording prepared by the Kentucky Department of Criminal Justice Training in collaboration with the Kentucky Law Enforcement Council, the Kentucky Department of Education, and the Center for School Safety and may be included in the four (4) days of professional development under KRS 158.070 . (7) (a) By November 1, 2019, and November 1 of each year thereafter, a minimum of one (1) hour of training on how to respond to an active shooter situation shall be required for all school district employees with job duties requiring direct contact with students. The training shall be provided either in person, by live streaming, or via a video recording prepared by the Kentucky Department of Criminal Justice Training in collaboration with the Kentucky Law Enforcement Council, the Kentucky Department of Education, and the Center for School Safety and may be included in the four (4) days of professional development under KRS 158.070 .
    2. When a staff member subject to the training requirements of this subsection is initially hired after the training has been provided for the school year, the local district shall provide materials on how to respond to an active shooter situation.
    3. The requirements of this subsection shall also apply to public charter schools as a health and safety requirement under KRS 160.1592(1).
    1. The Kentucky Department of Education shall develop and maintain a list of approved comprehensive evidence-informed trainings on child abuse and neglect prevention, recognition, and reporting that encompass child physical, sexual, and emotional abuse and neglect. (8) (a) The Kentucky Department of Education shall develop and maintain a list of approved comprehensive evidence-informed trainings on child abuse and neglect prevention, recognition, and reporting that encompass child physical, sexual, and emotional abuse and neglect.
    2. The trainings shall be Web-based or in-person and cover, at a minimum, the following topics:
      1. Recognizing child physical, sexual, and emotional abuse and neglect;
      2. Reporting suspected child abuse and neglect in Kentucky as required by KRS 620.030 and the appropriate documentation;
      3. Responding to the child; and
      4. Understanding the response of child protective services.
    3. The trainings shall include a questionnaire or other basic assessment tool upon completion to document basic knowledge of training components.
    4. Each local board of education shall adopt one (1) or more trainings from the list approved by the Department of Education to be implemented by schools.
    5. All current school administrators, certified personnel, office staff, instructional assistants, and coaches and extracurricular sponsors who are employed by the school district shall complete the implemented training or trainings by January 31, 2017, and then every two (2) years after.
    6. All school administrators, certified personnel, office staff, instructional assistants, and coaches and extracurricular sponsors who are employed by the school district hired after January 31, 2017, shall complete the implemented training or trainings within ninety (90) days of being hired and then every two (2) years after.
    7. Every public school shall prominently display the statewide child abuse hotline number administered by the Cabinet for Health and Family Services, and the National Human Trafficking Reporting Hotline number administered by the United States Department for Health and Human Services.
  6. The Department of Education shall establish an electronic consumer bulletin board that posts information regarding professional development providers and programs as a service to school district central office personnel, school councils, teachers, and administrators. Participation on the electronic consumer bulletin board shall be voluntary for professional development providers or vendors, but shall include all programs sponsored by the department. Participants shall provide the following information: program title; name of provider or vendor; qualifications of the presenters or instructors; objectives of the program; program length; services provided, including follow-up support; costs for participation and costs of materials; names of previous users of the program, addresses, and telephone numbers; and arrangements required. Posting information on the bulletin board by the department shall not be viewed as an endorsement of the quality of any specific provider or program.
  7. The Department of Education shall provide training to address the characteristics and instructional needs of students at risk of school failure and most likely to drop out of school. The training shall be developed to meet the specific needs of all certified and classified personnel depending on their relationship with these students. The training for instructional personnel shall be designed to provide and enhance skills of personnel to:
    1. Identify at-risk students early in elementary schools as well as at-risk and potential dropouts in the middle and high schools;
    2. Plan specific instructional strategies to teach at-risk students;
    3. Improve the academic achievement of students at risk of school failure by providing individualized and extra instructional support to increase expectations for targeted students;
    4. Involve parents as partners in ways to help their children and to improve their children’s academic progress; and
    5. Significantly reduce the dropout rate of all students.
  8. The department shall establish teacher academies to the extent funding is available in cooperation with postsecondary education institutions for elementary, middle school, and high school faculty in core disciplines, utilizing facilities and faculty from universities and colleges, local school districts, and other appropriate agencies throughout the state. Priority for participation shall be given to those teachers who are teaching core discipline courses for which they do not have a major or minor or the equivalent. Participation of teachers shall be voluntary.
  9. The department shall annually provide to the oversight council established in KRS 15A.063 , the information received from local schools pursuant to KRS 158.449 .

History. Enact. Acts 1950, ch. 127, § 1; 1956 (1st Ex. Sess.), ch. 7, Art. II, § 2; 1978, ch. 155, § 82, effective June 17, 1978; 1985 (1st Ex. Sess.), ch. 10, § 1, effective October 18, 1985; 1990, ch. 476, Pt. I, § 12, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 514, § 4, effective July 15, 1998; 1998, ch. 609, § 1, effective July 15, 1998; 2000, ch. 162, § 4, effective July 14, 2000; 2000, ch. 452, § 3, effective July 14, 2000; 2000, ch. 527, § 10, effective July 14, 2000; 2002, ch. 302, § 2, effective July 15, 2002; 2009, ch. 101, § 8, effective March 25, 2009; 2010, ch. 6, § 1, effective July 15, 2010; 2014, ch. 132, § 10, effective July 15, 2014; 2015 ch. 7, § 1, effective June 24, 2015; 2016 ch. 125, § 1, effective July 15, 2016; 2017 ch. 171, § 2, effective June 29, 2017; 2018 ch. 53, § 1, effective July 14, 2018; 2019 ch. 5, § 15, effective March 11, 2019; 2020 ch. 5, § 10, effective February 21, 2020.

Legislative Research Commission Notes.

(3/11/2019). Under the authority of KRS 7.136(1), the Reviser of Statutes has relettered the paragraphs in subsection (7) of this statute. No words were changed in this process.

(7/14/2000). This section was amended by 2000 Ky. Acts chs. 162, 452, and 527. Where these Acts are not in conflict, they have been codified together. As to subsection (7) of this section, a conflict exists, in part, between Acts chs. 452 and 527. Under KRS 446.250 , Acts ch. 527, which was last enacted by the General Assembly, prevails in this conflict.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

Northern Kentucky Law Review.

Kentucky Law Survey: Education,29 N. Ky. L. Rev. 115 (2002).

156.0951. District consortia for professional development — Withdrawal by school district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 476, Pt. I, § 13, effective July 13, 1990; 1994, ch. 247, § 2, effective July 15, 1994) was repealed by Acts 1998, ch. 609, § 5, effective July 15, 1998.

156.097. Teacher institutes — Regulation.

  1. The Kentucky Board of Education shall develop regulations to establish a program of educational institutes for teachers. The purpose of such institutes shall be the general improvement of instruction within the Commonwealth.
  2. Teacher institutes shall be held during the summer months at various college campuses selected by the Kentucky Board of Education. Each institute shall be of one (1) week duration.
  3. The Kentucky Board of Education shall develop specific criteria relating to the selection of eligible teachers for institute participation, with an emphasis on selecting teachers with a demonstrated record of effective teaching.
  4. Any teacher selected and agreeing to participate in a particular teacher institute session shall be reimbursed for expenses incurred in attendance, and shall be awarded a stipend in an amount to be determined by the Kentucky Board of Education.
  5. The program shall encourage business and industry within the Commonwealth to become institute sponsors for teachers within the respective communities of such business and industry.

History. Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 3, effective October 18, 1985; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 366, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 3, effective October 18, 1985) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 366, effective July 13, 1990.

156.100. Board may accept federal aid or gift, donation or devise. [Repealed.]

Compiler’s Notes.

This section (4363-10; amend. Acts 1942, ch. 26, §§ 1, 2) was repealed by Acts 1978, ch. 155, § 165, effective June 17, 1978.

156.101. Purpose of section — Definition of “instructional leader” — Instructional leader improvement program.

  1. The purpose of this section is to encourage and require the maintenance and development of effective instructional leadership in the public schools of the Commonwealth and to recognize that principals, with the assistance of assistant principals, supervisors of instruction, guidance counselors, and directors of special education, have the primary responsibility for instructional leadership in the schools to which they are assigned.
  2. For the purpose of this section, “instructional leader” shall be defined as an employee of the public schools of the Commonwealth employed as a principal, assistant principal, supervisor of instruction, guidance counselor, director of special education, or other administrative position deemed by the Education Professional Standards Board to require an administrative certificate.
  3. In order to carry out the purpose of this section, the Kentucky Board of Education shall establish a statewide program to improve and maintain the quality and effectiveness of instructional leadership in the public schools of the Commonwealth.
  4. The instructional leader improvement program shall contain the following provisions:
    1. Each instructional leader employed by the public schools of the Commonwealth shall participate in a continuing intensive training program designed especially for instructional leaders;
      1. Effective until June 30, 2006, every two (2) years each instructional leader shall complete an intensive training program approved by the Kentucky Board of Education to include no fewer than forty-two (42) participant hours of instruction; (b) 1. Effective until June 30, 2006, every two (2) years each instructional leader shall complete an intensive training program approved by the Kentucky Board of Education to include no fewer than forty-two (42) participant hours of instruction;
      2. Effective July 1, 2006, each instructional leader shall annually complete an intensive training program approved by the Kentucky Board of Education to include no fewer than twenty-one (21) participant hours of instruction;
    2. The Kentucky Board of Education shall prescribe specific criteria for the training program, which shall include a provision to allow an instructional leader to annually receive three (3) participant hours credit for duties performed as part of a beginning teacher committee pursuant to KRS 161.030(6). A maximum of six (6) participant hours credit shall be awarded annually for serving on multiple beginning teacher committees. The Kentucky Department of Education may contract for specific training with qualified agencies or institutions or approve programs offered by training providers, including local district training programs, except that the department shall ensure the requirements of paragraph (d) of this subsection are met; and
    3. Annually, each local district superintendent shall report to the Kentucky Department of Education any instructional leader who fails to complete the training requirements of paragraph (b) of this subsection and shall place the leader on probation for one (1) year. The Department of Education shall verify completion of the required training. If the required training for the prior year and the current year is not completed during the probationary period, the Department of Education shall forward the information to the Education Professional Standards Board, which shall revoke the instructional leader’s certificate.
  5. The Kentucky Department of Education shall ensure that training options in human resource management and conflict resolution techniques are available to education leaders throughout the state.
  6. This section shall be known as the “Effective Instructional Leadership Act.”

History. Enact. Acts 1984, ch. 365, §§ 1, 2, effective July 13, 1984; 1985 (1st Ex. Sess.), ch. 10, § 2, effective October 18, 1985; 1986, ch. 442, § 2, effective July 15, 1986; 1990, ch. 476, Pt. IV, § 130, effective July 13, 1990; 1992, ch. 148, § 1, effective July 14, 1992; 1996, ch. 9, § 1, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 206, § 1, effective July 15, 1998; 2000, ch. 527, § 11, effective July 14, 2000; 2005, ch. 110, § 1, effective June 20, 2005.

NOTES TO DECISIONS

1. Evaluation Appeals Panel.
2. — Procedure.

A nontenured teacher whose contract is recommended by the principal not to be renewed is entitled, pursuant to subsection 10 of this section, to challenge the findings of fact in his evaluation before the appeals panel who shall hold a hearing on both the substance and the procedure of the evaluation of which the teacher is entitled to receive proper notice with sufficient time to gather evidence to support his position, and also has the right to present expert testimony and engage counsel to assist him in the presentation of his case. Thompson v. Board of Educ., 838 S.W.2d 390, 1992 Ky. LEXIS 130 ( Ky. 1992 ).

Opinions of Attorney General.

Notwithstanding the apparent legislative intent of KRS 161.020 to make the revocation of any instructional leader’s certificate contingent upon laws then in force, this section clearly controls revocation of an instructional leader’s certificate; therefore, a certificate of an instructional leader may be revoked for failure to obtain the hours of intensive training required by this section. All instructional leaders, including those who received a certificate prior to the effective date of this section, are required to comply with this section. OAG 88-37 .

The legislative purpose of the instructional leadership program, set forth in subsection (1) of this section, was to develop a program which would result in improvement in the quality of performance of principals, assistant principals, supervisors of instruction, guidance counselors, or directors of special education. Practically, this prescribed program of improvement could not be effective if it did not supersede the general certificate renewal statute, subsection (3) of KRS 161.020 . OAG 88-37 .

The requirement of subsection (3) of KRS 161.020 , that certificates be considered pursuant to the application of the laws which were in effect at the time of the granting of the certificate, is not in harmony with the instructional leadership program. Therefore, subsection (3) of KRS 161.020 is controlling except when an instructional leader fails to comply with the instructional leader improvement program. At such time, the state board may exercise its power of revocation granted by subsection (4) of this section. OAG 88-37 .

The retrospective application of a law is not to be given unless the intent is clearly expressed or necessarily implied; it is necessarily implied that this section must be applied to those persons who received their certificates prior to 1984 to benefit the schools and is, therefore, retroactive. OAG 88-37 .

Research References and Practice Aids

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

Northern Kentucky Law Review.

Kentucky Law Survey: Education,29 N. Ky. L. Rev. 115 (2002).

156.105. Principals Assessment Center — Assessment of principals required. [Repealed.]

Compiler’s Notes.

This section (Enact. 1990, ch. 476, Pt. II, § 45, effective July 13, 1990; 1994, ch. 14, § 3, effective February 17, 1994) was repealed by Acts 1996, ch. 12, § 1, effective July 15, 1996.

Legislative Research Commission Note.

(7/15/96). Under KRS 446.260 , the repeal of this section in 1996 Ky. Acts ch. 12 prevails over its amendment in 1996 Ky. Acts ch. 343.

156.106. Critical shortage areas — Appointment of retired teachers and administrators — Administrative regulations.

  1. For purposes of this section and KRS 161.605 , “critical shortage area” means a lack of certified teachers in particular subject areas, in grade levels, or in geographic locations at the elementary and secondary level, as determined annually by the commissioner of education. The commissioner may use any source considered reliable including, but not limited to, data provided by the Education Professional Standards Board and local education agencies to identify the critical shortage areas.
  2. The Kentucky Board of Education shall promulgate administrative regulations to establish procedures to be used to appoint retired teachers and administrators to positions in critical shortage areas under this section and KRS 161.605 . The administrative regulations shall assure that:
    1. A retired teacher or administrator shall not be hired until the superintendent assures that he or she has made every reasonable effort to recruit an active teacher or administrator for the position on an annual basis; and
    2. A retired teacher or administrator shall be paid, at a minimum, a salary at Rank II with ten (10) years of experience based on a single salary schedule adopted by the district.
  3. The Kentucky Board of Education shall promulgate administrative regulations to establish procedures to be used to appoint retired teachers and administrators to positions in critical shortage areas under this section and KRS 161.605 . The administrative regulations shall assure that a retired teacher or administrator shall not be hired until the superintendent assures the commissioner of education that the superintendent has made every reasonable effort to recruit an active teacher or administrator for the position on an annual basis. The commissioner of education shall report members reemployed under this section to the Kentucky Teachers’ Retirement System.
  4. If a local school district needs a person to fill a critical shortage position after reaching its quota established under KRS 161.605 , the commissioner of education with the approval of the executive director of the Kentucky Teachers’ Retirement System may allow the district to exceed its quota if the statewide quota has not been met.

The commissioner of education shall report members reemployed under this section to the Kentucky Teachers’ Retirement System.

History. Enact. Acts 2000, ch. 477, § 1, effective July 14, 2000; 2000, ch. 498, § 3, effective July 14, 2000.

Legislative Research Commission Note.

(7/14/2000). Subsections (1) and (4) of this statute were enacted identically in 2000 Ky. Acts ch. 477, sec. 1, subsecs. (1) and (3), and ch. 498, sec. 3, subsecs. (1) and (3). Subsections (2) and (3) were enacted by the same two Acts but with nonidentical, but very similar, text, subsection (2) coming from Acts ch. 477, sec. 1, subsec. (2), and subsection (3) coming from Acts ch. 498, sec. 3, subsec. (2). Because the two Acts differ in the texts of their second subsections in newly created statutes, both versions have been codified. Cf. KRS 446.250 . Acts ch. 477 (House Bill 519) was signed by the President of the Senate on April 11, 2000, at 10:28 a.m.; Acts ch. 498 (House Bill 739) was signed by the President of the Senate on April 11, 2000, at 1:15 p.m. The tables for the 2000 Kentucky Acts show Acts ch. 498 as being codified at KRS 156.497 , but, because of the near identity of the sections, it was subsequently decided to merge them into a single KRS section for codification.

156.108. Districts of innovation — Definitions — Approval by Kentucky Board of Education — Administrative regulations to prescribe conditions and procedures to be used by local boards.

  1. For purposes of this section and KRS 160.107 :
    1. “District of innovation” means a district that has developed a plan of innovation in compliance with this section and has been approved by the Kentucky Board of Education to be exempted from certain administrative regulations and statutory provisions to improve the educational performance of students within the district;
    2. “Innovation” means a new or creative alternative to existing instructional and administrative practices intended to improve student learning and student performance of all students; and
    3. “School of innovation” means a school that voluntarily participates in a district of innovation plan to improve instruction, including waivers and exemptions from local board of education policies, selected provisions of Kentucky Administrative Regulations promulgated by the Kentucky Board of Education, and selected sections of the Kentucky Revised Statutes, as permitted under this section and KRS 160.107 .
  2. The Kentucky Board of Education is hereby authorized to approve districts of innovation for the purposes of improving students’ educational performance. Districts of innovation shall be provided flexibility from selected Kentucky Administrative Regulations, Kentucky Revised Statutes, and local board of education policies for school administrators, teachers, and staff to meet the diverse needs of students. The initial approval of a district of innovation shall be for a five (5) year period. Each renewal of a district of innovation shall not exceed five (5) years and shall comply with administrative regulations promulgated by the board pursuant to subsection (4) of this section.
  3. The Kentucky Board of Education shall promulgate administrative regulations to prescribe the conditions and procedures to be used by a local board of education to be approved as a district of innovation.
  4. Administrative regulations promulgated by the board under subsection (3) of this section shall specify:
    1. The regulatory areas which may be exempted or modified if approved by the state board, except as provided in KRS 160.107 (2) and in addition to those areas identified in KRS 160.107 (3);
    2. The application, plan review, approval, and amendment process for a district;
    3. Timelines for initial approval as a district of innovation, the renewal process, and on-going evaluative procedures required of the district;
    4. Acceptable documentation of a critical mass of parental, community, educator, and business support and capacity to effect a change;
    5. The approvals required of the plan by certain employees of a school;
    6. Evidence of teacher collaboration and shared leadership within the district and the schools to be designated as schools of innovation;
    7. The process of revocation of the designation of district of innovation or school of innovation;
    8. Reporting and oversight responsibilities of the district and the Kentucky Department of Education;
    9. The financial detail relating to budgets of schools and evidence of sound fiscal management practices;
    10. Acceptable areas of emphasis for innovation;
    11. Acceptable documentation of job-embedded professional development within the proposed innovation design; and
    12. Other components deemed necessary to implement this section and KRS 160.107.

History. Enact. Acts 2012, ch. 40, § 1, effective July 12, 2012.

156.110. Removal of school board members and public school officials. [Repealed.]

Compiler’s Notes.

This section (4377-13, 4384-13) was repealed by Acts 1962, ch. 244, Art. I, § 4.

156.111. Superintendents Training Program and Assessment Center — Local board not responsible for training costs — Assessment of superintendents required — Contracts for training providers permitted.

  1. The Department of Education shall establish a Superintendents Training Program and Assessment Center. The department shall provide for assessor training and shall ensure that an assessment center includes but is not limited to training and participation in the following components:
    1. Core concepts of leadership and quality practices;
    2. Effective implementation of school-based decision making;
    3. Kentucky school law;
    4. Kentucky school finance and budgeting;
    5. School curriculum and assessment;
    6. Instructional leadership;
    7. School improvement;
    8. Community and board relations;
    9. Effective communication; and
    10. An executive coaching and mentoring program with an emphasis on demonstrated professional growth.
  2. Notwithstanding any other statute to the contrary, an employing local board of education shall not be responsible for any training costs associated with a superintendent’s participation in the training and assessment center process.
  3. At the conclusion of the training, each participant shall deliver to the employing board of education and the Kentucky Department of Education a comprehensive collection of work products and assessments that demonstrate proficiency in each area of training.
  4. In addition to any applicable certification and experience requirements, any person hired for the first time as superintendent in Kentucky shall successfully complete the assessment center process within two (2) years of taking office as superintendent.
  5. The Kentucky Board of Education shall adopt administrative regulations to govern the training content, number of hours, assessments, and work products for successful completion of the training and assessment center process. The board shall also establish the continuing professional development requirements for school superintendents to include, at a minimum, three (3) hours of annual training in school finance and three (3) hours of annual training in ethics.
  6. The Department of Education may contract with qualified agencies, organizations, or institutions or may approve programs offered by training providers to carry out the provisions of this section.

The department may provide assessment centers regionally.

History. Enact. Acts 1990, ch. 476, Pt. II, § 46, effective July 13, 1990; 1994, ch. 14, § 1, effective February 17, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 2014, ch. 77, § 1, effective April 10, 2014; ch. 136, § 3, effective July 15, 2014.

Legislative Research Commission Note.

(7/15/2014). This statute was amended by 2014 Ky. Acts chs. 77 and 136, which do not appear to be in conflict and have been codified together.

156.112. State board for Occupational Education — Members — Compensation — Functions — Officers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 155, § 95, effective June 17, 1978; 1980, ch. 114, § 21, effective July 15, 1980) was repealed by Acts 1982, ch. 381, § 12, effective July 15, 1982.

Departments of Education

156.114. Department for elementary and secondary education created — Deputy superintendent — Organization. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 155, § 96, effective June 17, 1978; 1980, ch. 295, § 40, effective July 15, 1980) was repealed by Acts 1982, ch. 381, § 12, effective July 15, 1982.

156.116. Department for occupational education created — Deputy superintendent — Duties — Organization. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 155, § 97, effective June 17, 1978) was repealed by Acts 1982, ch. 381, § 12, effective July 15, 1982.

156.118. Organization of the department of education. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 155, § 96, effective June 17, 1978; 1980, ch. 295, § 41, effective July 15, 1980) was repealed by Acts 1982, ch. 381, § 12, effective July 15, 1982.

Superintendent of Public Instruction

156.120. Superintendent of Public Instruction — Location of office — Traveling expenses — Salary. [Repealed.]

Compiler’s Notes.

This section (4384-2 to 4384-4, 4384-9; amend. Acts 1946, ch. 26, § 5, effective June 19, 1946; and ch. 27, sec. 3, effective June 19, 1946; 1990, ch. 476, Pt. II, § 40, effective July 13, 1990; 1992, ch. 27, § 14, effective March 2, 1992; 1994 ch. 209, § 11, effective July 15, 1994) was repealed by Acts 2006, ch. 211, § 170, effective July 12, 2006.

156.130. Superintendent is executive officer of State Board of Education — General duties. [Repealed.]

Compiler’s Notes.

This section (4384-5, 4384-7, 4384-15, 4384-32; amend. Acts 1952, ch. 41, § 3; 1978, ch. 17, § 1) was repealed by Acts 1978, ch. 155, § 165, effective June 17, 1978.

Legislative Research Commission Note.

This section was also amended by Acts 1978, ch. 17, § 1, approved March 3, 1978. The later repeal by Acts 1978, ch. 155, § 165, approved March 29, 1978, however, prevails.

Removal or Suspension of School Officers

156.132. Removal or suspension of public school officers — Procedure, grounds, conditions.

As used in this section, except subsection (1), “public school officer” means a person who previously served as a superintendent of schools or board member during which time charges were brought against him under this section.

  1. The chief state school officer shall recommend, by written charges to the proper school authorities having immediate jurisdiction, the removal of any superintendent of schools, principal, teacher, member of a school council, or other public school officer as to whom he has reason to believe is guilty of immorality, misconduct in office, incompetency, willful neglect of duty, or nonfeasance. In the case of a member of a school council, the written charges shall be provided to the local board of education.
  2. The chief state school officer shall recommend by written charges the suspension by the Kentucky Board of Education of any district board member, superintendent of schools, or other public school officer whom he has reason to believe is guilty of immorality, misconduct in office, incompetency, willful neglect of duty, or nonfeasance. If the charges brought under this subsection represent an immediate threat to the public health, safety, or welfare, the Kentucky Board of Education shall summarily suspend the person against whom the charges are made. The action by the Kentucky Board of Education may be taken upon a recommendation of the chief state school officer, or the action may be taken by a majority vote of the Kentucky Board of Education without recommendation from the chief state school officer.
  3. The Kentucky Board of Education may suspend a district superintendent of schools or other public school officer under subsection (2) of this section or remove him pursuant to subsection (5) of this section only if, after thirty (30) days of receipt of the written charges specified in subsection (1) of this section, the proper school authorities having immediate jurisdiction, either the superintendent or the district board of education, have refused to act, have acted in bad faith, arbitrarily, or capriciously, or if a recommendation to the district board would have been futile.
  4. Any officer suspended by the Kentucky Board of Education under subsection (2) of this section shall be furnished with an emergency order specifying in detail the reasons for suspension and notifying the officer of his right to appeal the action and have an emergency hearing pursuant to KRS 13B.125 .
  5. As an alternative to first seeking suspension, the chief state school officer may recommend by written charges the removal by the Kentucky Board of Education of any district board member, superintendent of schools, or other public school officer whom he has reason to believe is guilty of immorality, misconduct in office, incompetency, willful neglect of duty, or nonfeasance. The officer against whom the written charges are issued by the chief state school officer shall be furnished with the written charges and notice of procedural rights conferred under KRS Chapter 13B. Within twenty (20) days after receipt of the charges, the officer may notify the Kentucky Board of Education of his intention to appear and answer the charges. Upon appeal, an administrative hearing shall be conducted in accordance with KRS Chapter 13B. If the officer fails to notify the board of his intention to appear and answer the charges, the Kentucky Board of Education may remove the officer by a majority vote, and the dismissal shall be final.
  6. The hearing shall be public or private at the discretion of the accused former or current superintendent and shall be public when testimony is taken for board members.
  7. The Kentucky Board of Education may meet in closed session to consider the evidence and may by a majority vote remove the officer. If the board votes to remove the officer, the board shall prepare final order specifying which charge or charges it found to be the basis for removal. If within ninety (90) days from the date of suspension if applicable, the state board has not removed the officer, or has dismissed the charges, the suspended officer shall be reinstated and shall be paid his full salary for the period of suspension.
  8. The officer shall have a right to appeal on the record to the Circuit Court located in the county of the school district in accordance with KRS Chapter 13B. If the decision of the court is against removal, the officer shall be paid his full salary from the date of suspension. The payment shall be made from funds appropriated to the State Department of Education.
  9. If a superintendent of schools is removed from office or resigns while charges are pending pursuant to this section after July 15, 1994, any continuing contract pursuant to KRS 161.720 to 161.810 shall be terminated. If the removal is reversed upon appeal, the continuing contract shall be restored and he shall be paid his full salary for the period of suspension.

History. Enact. Acts 1962, ch. 244, Art. I, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 30, § 1, effective July 15, 1982; 1990, ch. 476, Pt. II, § 50, effective July 13, 1990; 1992, ch. 376, § 1, effective July 14, 1992; 1994, ch. 103, § 1, effective July 15, 1994; 1994, ch. 472, § 1, effective July 15, 1994; 1996, ch. 318, § 46, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 598, § 15, effective April 14, 1998.

NOTES TO DECISIONS

  1. Grounds.
  2. Authority to Remove.
  3. — Recommendation of Superintendent of Public Instruction.
  4. Time Restrictions.
  5. — Failure to Comply.
1. Grounds.

Evidence that lame duck members of school board, by agreement with other members and one newly-elected member, employed close relatives of newly-elected member, shortly before expiration of their terms, was insufficient to justify removal of newly-elected member as usurper. Richardson v. Commonwealth, 275 Ky. 486 , 122 S.W.2d 156, 1938 Ky. LEXIS 472 ( Ky. 1938 ) (decided under prior law).

Arbitrary action of school board members in rejecting nominations of teachers by superintendent would be grounds for removal, and would perhaps subject them to liability for loss to school fund by payments to teachers wrongfully employed. Cottongim v. Stewart, 277 Ky. 706 , 127 S.W.2d 149, 1939 Ky. LEXIS 716 ( Ky. 1939 ) (decided under prior law).

It does not follow from the fact that a board as a body had acted arbitrarily and in excess of its power, that any particular member or members of the board had individually been guilty of immorality, misconduct of office, incompetency or wilful neglect of duty. Hogan v. Kentucky State Board of Education, 329 S.W.2d 563, 1958 Ky. LEXIS 6 ( Ky. 1958 ) (decided under prior law).

Bad faith, misconduct or neglect of duty to justify removal of county board members by state board is not shown where county board takes no affirmative action contrary to state board surveys but only submits counter proposals. Kentucky State Board of Education v. Isenberg, 421 S.W.2d 81, 1967 Ky. LEXIS 52 ( Ky. 1967 ).

Unquestionably the state board has the right to suspend and remove county board members for misconduct in office or for wilful neglect of duty and “misconduct in office” means to conduct amiss; bad behavior. Kentucky State Board of Education v. Isenberg, 421 S.W.2d 81, 1967 Ky. LEXIS 52 ( Ky. 1967 ).

Where members of county board disagree with and refuse to follow state board recommendations for consolidation and construction of school buildings the members of the county board cannot be suspended from office for neglect of duty or misconduct. Kentucky State Board of Education v. Isenberg, 421 S.W.2d 81, 1967 Ky. LEXIS 52 ( Ky. 1967 ).

2. Authority to Remove.

The State Board of Elementary and Secondary Education, under the Kentucky Education Reform Act, has the authority to remove members from a county board of education for misconduct in office; there is no language in either this section or KRS 160.180 which suggests, let alone mandates, that the Attorney General has the exclusive power to remove district board members for violations of KRS 160.180 . State Bd. for Elementary & Secondary Educ. v. Ball, 847 S.W.2d 743, 1993 Ky. LEXIS 46 ( Ky. 1993 ).

3. — Recommendation of Superintendent of Public Instruction.

Mandamus would not lie to compel state board to conduct hearing of charges filed against county superintendent and members of county board of education where superintendent had not recommended removal. Combs v. State Board of Education, 249 Ky. 320 , 60 S.W.2d 957, 1933 Ky. LEXIS 529 ( Ky. 1933 ) (decided under prior law).

Where board and county superintendent entered into a compromise agreement to settle differences between two factions the facts revealed a situation such as justified Superintendent of Public Instruction in making investigation to determine whether to recommend removal of board members or county superintendent. Board of Education v. Rose, 285 Ky. 217 , 147 S.W.2d 83, 1940 Ky. LEXIS 604 ( Ky. 1940 ) (decided under prior law).

A recommendation by the Superintendent of Public Instruction was a prerequisite to many kinds of action by the State Board of Education. Hogan v. Kentucky State Board of Education, 329 S.W.2d 563, 1958 Ky. LEXIS 6 ( Ky. 1958 ) (decided under prior law).

The Superintendent of Public Instruction had a fair discretion as to whether to make a recommendation for removal of the county board of education and that discretion could not have been controlled by mandamus. Hogan v. Kentucky State Board of Education, 329 S.W.2d 563, 1958 Ky. LEXIS 6 ( Ky. 1958 ) (decided under prior law).

Affidavit and supporting data submitted to the lower court by the superintendent showed a fair exercise of discretion in refusing to recommend action on the charges against individual board members and the opposing affidavit on behalf of the petitioners did not overcome this showing in mandamus proceedings (decided under prior law). Hogan v. Kentucky State Board of Education, 329 S.W.2d 563, 1958 Ky. LEXIS 6 ( Ky. 1958 ).

4. Time Restrictions.
5. — Failure to Comply.

Although the Kentucky State Board for Elementary and Secondary Education, which found county board of education member guilty of attempting to influence the hiring or appointment of district employees, failed to comply with the time restrictions contained in this section, because the board member was not suspended and continued to serve until his removal after the hearing, member failed to articulate any prejudice suffered and decision was affirmed. Craig v. Kentucky State Bd. for Elementary & Secondary Educ., 902 S.W.2d 264, 1995 Ky. App. LEXIS 124 (Ky. Ct. App. 1995).

Cited:

Daugherty v. Hunt, 694 S.W.2d 719, 1985 Ky. App. LEXIS 587 (Ky. Ct. App. 1985).

Opinions of Attorney General.

The State Board of Education has enacted regulations for bidding on the purchase of school equipment and any bidding not conforming to these regulations can be reported to the Superintendent of Public Instruction who is empowered to make written charges against any superintendent or board member who is guilty of misconduct or unlawful acts. OAG 73-740 .

Although KRS 156.132 through 156.146 (KRS 156.134 , 156.140 , 156.144 and 156.146 , now repealed) gives the State Board of Education the right to suspend and remove county board members for misconduct in office or for wilful neglect of duty, the right to recall a school board member does not exist in this state. OAG 75-118 .

Before the state board may send back to a local board of education the written charges, a majority of the state board must be of the opinion that a local superintendent is guilty of “immorality, misconduct in office, incompetency or wilful neglect of duty,” after which the district board may commence consideration to remove its superintendent under KRS 160.350 ; refuse to act; or act in bad faith, arbitrarily or capriciously; but if the local board does anything other than take action to remove the local superintendent, after 30 days from receipt of the charges by the local board, the state board would regain “jurisdiction” and could then go forward to suspend the local superintendent. OAG 79-394 .

If the information presented to the state board or state Superintendent is such as to serve an adequate basis to formulate an opinion of guilt without investigation, there is no reason why one would need be held. OAG 79-394 .

In the case of the state board, “their opinion [that a school officer] is guilty,” within subsection (1) of this section must be formulated by at least four of the seven voting members of the board. OAG 79-394 .

Subsection (2) of this section is limited to consideration of a local board member or a local superintendent, but is not in any way applicable to a teacher or a principal as is the situation in subsection (1) of this section. OAG 79-394 .

The provisions of this section make very clear that the actions of the state board are not dependent upon those of the state Superintendent. OAG 79-394 .

The purpose of the summary hearing, provided for in subsection (2) of this section, is for the state board to consider the evidence and take a vote to see if a majority of the state board share the opinion that the local superintendent is guilty of “gross immorality, misconduct in office, incompetency or wilful neglect of duty.” OAG 79-394 .

“The proper school authorities,” within subsection (1) of this section, is the local district board of education. OAG 79-394 .

The regulations called for by subsection (2) of this section would be for the benefit of the state board members, not the local superintendent. OAG 79-394 .

There exists no state board regulations relating to the summary hearing process called for in subsection (2) of this section. OAG 79-394 .

When subsection (1) of this section refers to reporting a public school officer “who in [the superintendent’s] opinion is guilty,” a conclusive opinion of guilt is not required, but only a satisfaction in the superintendent’s mind that the charges may be substantiated by evidence justifying and warranting consideration of removal and action by the local board of education. OAG 79-394 .

Where the State Board of Education receives information alleging wrongdoing by a local school officer, it could ask the state Superintendent to investigate, and, if he declined, the state board could investigate on its own. OAG 79-394 .

KRS 158.115 was the authorizing statute for a contract requiring a fiscal court to reimburse a school district on a straight per capita basis for nonpublic school students who rode public school buses and, absent full reimbursement by the fiscal court to the school board, the expenditure of public school moneys for transporting nonpublic school children would create a constitutional violation under Const., § 180 as well as other provisions. Therefore, failure by the school board to enforce the contract with the fiscal court would be tantamount to willful neglect of duty and could lead to removal from office. OAG 82-405 .

In both KRS 160.345 hearings and KRS 156.132 hearings, the role of the Commissioner of Education in the hearings is authorized not by those statutes, but by the grant of authority vested in the commissioner as the executive and administrative officer of the Board of Education by KRS 156.148(3). OAG 02-4 .

Research References and Practice Aids

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

156.134. Notice of suspension — Answer — Hearing — Appeal. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 244, Art. I, § 2; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

156.136. Vacancies caused by suspension — Appointment — Term — Payment.

The Kentucky Board of Education, upon suspension of any officer or district board of education member under KRS 156.132 , shall name a person to fill the vacancy caused by such suspension. Persons appointed by the Kentucky Board of Education to fill vacancies under KRS 156.132 and this section shall hold office only during the time an officer is suspended, not to exceed ninety (90) days from the date of suspension. At the expiration of such period, vacancies shall be filled in the manner provided by law for the office. Persons appointed by the Kentucky Board of Education to fill vacancies caused by suspension shall be paid from funds of the district board of education. Any person employed to fill the position of a superintendent who has been removed by the Kentucky Board of Education under KRS 156.132 shall be employed by the district board of education for periods not to exceed one (1) year if the superintendent has appealed to the courts and if the courts have not taken final action.

History. Enact. Acts 1962, ch. 244, Art. I, § 3; 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 188, § 117, effective July 15, 1980; 1990, ch. 476, Pt. II, § 51, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

156.138. Duty of Attorney General.

The Attorney General, upon the written recommendation of either the Governor, the Auditor of Public Accounts, the chief state school officer, or the Kentucky Board of Education, shall institute the necessary actions to recover school funds, from any source, which he believes have been erroneously or improperly allowed or paid to any person.

History. Enact. Acts 1962, ch. 244, Art. I, § 5; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 131, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

1. Antitrust Matters.

KRS 156.142 is not a limiting statute on the general powers of the Attorney General, and when he is empowered by statute to commence all action in all cases or hearings in all courts, in or out of the state, as set out in KRS 15.020 , he is within his authority to commence a civil antitrust action in federal court. Commonwealth ex rel. Cowan v. Southern Belle Dairy Co., 801 S.W.2d 60, 1990 Ky. LEXIS 143 ( Ky. 1990 ).

Opinions of Attorney General.

Under KRS 160.160 , a board of education has the authority to bring an action in its own name for the recovery of funds improperly paid and the fact that the Attorney General also has this authority does not delimit the authority of the board of education but provides another means of bringing such an action when a local board for some reason has violated this provision and nothing in this section indicates that an action by the Attorney General shall be the exclusive recourse. OAG 73-867 .

Research References and Practice Aids

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Actions Against a School Board or School Personnel, § 333.00.

156.140. Superintendent to control and appoint division heads and employes. [Repealed.]

Compiler’s Notes.

This section (4384-7, 4434-31; amend. Acts 1956 (1st Ex. Sess.), ch. 7, Art. II, § 3) was repealed by Acts 1960, ch. 63, § 26.

156.142. Jurisdiction.

In all actions brought under the provisions of KRS 156.132 to 156.138 , jurisdiction shall be vested in the Circuit Court of the county in which the school district is located.

History. Enact. Acts 1962, ch. 244, Art. I, § 6; 1978, ch. 384, § 44, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 132, effective July 13, 1990.

NOTES TO DECISIONS

1. Antitrust Matters.

This section is not a limiting statute on the general powers of the Attorney General, and when he is empowered by statute to commence all action in all cases or hearings in all courts, in or out of the state, as set out in KRS 15.020 , he is within his authority to commence a civil antitrust action in federal court. Commonwealth ex rel. Cowan v. Southern Belle Dairy Co., 801 S.W.2d 60, 1990 Ky. LEXIS 143 ( Ky. 1990 ).

156.144. Special judge, selection. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 244, Art. I, § 7) was repealed by Acts 1976 (Ex. Sess.), ch. 14, § 491, effective January 2, 1978.

156.146. Failure to select special judge, procedure. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 244, Art. I, § 8; 1976, ch. 62, § 89) was repealed by Acts 1976 (Ex. Sess.), ch. 14, § 491, effective January 2, 1978.

Commissioner of Education

156.147. Education Management Selection Commission — Selection of first commissioner of education.

  1. There is hereby created an Education Management Selection Commission. The commission shall consist of six (6) members to be appointed as follows: Three (3) by the Governor, one (1) by the President Pro Tempore of the Senate, one (1) by the Speaker of the House of Representatives, and one (1) jointly by the President Pro Tempore and the Speaker. The commission is temporary in nature and shall terminate after the State Board for Elementary and Secondary Education has signed a contract of employment with the first commissioner of education. The members shall serve without compensation, but shall be reimbursed for their reasonable and necessary actual expenses.
  2. The commission shall conduct a national search to identify the best qualified individual for the State Board for Elementary and Secondary Education to appoint as the first commissioner of education to carry out the duties of the chief state school officer. The individual shall be agreed upon by a unanimous vote of all of the members of the commission.
  3. The commission shall meet as soon as practicable after it is constituted. The members shall elect a chairperson, who shall be responsible for convening future meetings. The Governor’s office and the Legislative Research Commission shall provide staff support to the commission.

History. Enact. Acts 1990, ch. 476, Pt. II, § 36, effective July 13, 1990.

Legislative Research Commission Note.

(7/15/96). Notwithstanding 1996 Ky. Acts ch. 362, sec. 6, the reference to the State Board for Elementary and Secondary Education in subsections (1) and (2) of this statute has been left unchanged because that reference is historical in nature.

156.1475. Date of appointment of first commissioner of education.

The first commissioner of education selected in accordance with KRS 156.147 shall be appointed no later than December 31, 1990.

History. Enact. Acts 1990, ch. 476, Pt. II, § 39, effective July 13, 1990.

156.148. Commissioner of education — Selection — Duties.

  1. Effective January 1, 1991, the commissioner of education shall be the chief state school officer. He shall possess the professional qualifications determined by the Kentucky Board of Education as appropriate for the office.
  2. The commissioner shall be appointed by the Kentucky Board of Education, serve at the pleasure of the board, and receive compensation as set by the board, the provisions of KRS 64.640 notwithstanding.
  3. The commissioner of education shall be the executive and administrative officer of the Kentucky Board of Education in its administration of all educational matters and functions placed under its management and control. He shall carry out all duties assigned to him by law; shall execute under the direction of the state board the educational policies, orders, directives, and administrative functions of the board; and shall direct the work of all persons employed in the Department of Education.
  4. The commissioner of education shall be reimbursed for all actual and necessary traveling expenses incurred by him in the performance of his duties.

History. Enact. Acts 1990, ch. 476, Pt. II, § 41, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Opinions of Attorney General.

In both KRS 160.345 hearings and KRS 156.132 hearings, the role of the Commissioner of Education in the hearings is authorized not by those statutes, but by the grant of authority vested in the commissioner as the executive and administrative officer of the Board of Education by KRS 156.148(3). OAG 02-4 .

Research References and Practice Aids

Northern Kentucky Law Review.

Edmondson and Rylee, Termination of the Tenured Teacher in Kentucky: Does K.R.S. 161.790

156.150. Bonds of division heads and assistants. [Repealed.]

Compiler’s Notes.

This section (4384-8) was repealed by Acts 1946, ch. 27, § 10.

156.152. Price contract agreements for purchase of school buses.

The chief state school officer, as executive officer of the Kentucky Board of Education, upon application and requisition to the Finance and Administration Cabinet, is hereby authorized and directed to secure price contract agreements for the purchase of school buses by all district boards of education. The Finance and Administration Cabinet shall enter into price contract agreements under established purchasing procedure in keeping with the law relating to state purchasing. The price contract agreement shall establish sources of supply, maximum prices to be paid, and shall set forth the length of time for which contracts shall be valid.

History. Enact. Acts 1956 (1st Ex. Sess.), ch. 7, Art. XVI, § 20; 1966, ch. 255, § 149; 1974, ch. 74, Art. II, § 9(1); 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 133, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

156.153. School bus standards — “School bus” defined — Use of clean transportation fuels.

  1. All school buses for which bids are made or bid contracts awarded shall meet the standards and specifications of the Kentucky Department of Education.
  2. Except in cases of emergencies or for the transportation of students with disabilities, only school buses as defined in subsection (1) of this section shall be used for transporting students to and from school along regular bus routes. Districts may use district-owned vehicles that were designed and built by the manufacturer for passenger transportation when transporting nine (9) or fewer passengers, including the driver, for approved school activities. Vehicles used under this subsection shall be clearly marked as transporting students and shall be safety inspected no less than once every thirty (30) days.
  3. As part of its regular procedure for establishing and updating school bus standards and specifications, the Kentucky Department of Education shall consider allowing school buses to operate using clean transportation fuels, as defined in KRS 186.750 . If the department determines that school buses may operate using clean transportation fuels while maintaining the same or a higher degree of safety as fuels currently allowed, it shall update its standards and specifications to allow for such use.

The term “school bus,” as used in this section, shall mean any motor vehicle which meets the standards and specifications for school buses as provided by law or by the standards or specifications of the Kentucky Department of Education authorized by law and used solely in transporting school children and school employees to and from school under the supervision and control and at the direction of school authorities, and shall further include school bus accessory equipment and supplies and replacement equipment considered to be reasonably adaptable for purchase from price contract agreements.

History. Enact. Acts 1956 (1st Ex. Sess.), ch. 7, Art. XVI, § 21; 1978, ch. 155, § 82, effective June 17, 1978; 1984, ch. 236, § 1, effective July 13, 1984; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 367, effective July 13, 1990; 1996, ch. 216, § 1, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 2004, ch. 22, § 1, effective July 13, 2004; 2013, ch. 116, § 9, effective June 25, 2013.

Compiler’s Notes.

This section (Enact. Acts 1956 (1st Ex. Sess.), ch. 7, Art. XVI, § 21; 1978, ch. 155, § 82, effective June 17, 1978; 1984, ch. 236, § 1, effective July 13, 1984) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 367, effective July 13, 1990.

Legislative Research Commission Note.

(7/15/96). Notwithstanding 1996 Ky. Acts ch. 362, sec. 6, the reference to State Board for Elementary and Secondary Education in subsection (2) of this statute has been left unchanged because that reference is historical in nature.

156.154. Information respecting established price contract agreements — Purchase conditions of district boards.

The chief state school officer shall make available to all district boards of education full information respecting established price contract agreements, and any or all districts may procure buses from sources and at prices, terms, and conditions incorporated in the price contract agreements. Any district board of education may take its own bids on school buses which meet the specifications of the Kentucky Board of Education for school buses for which price contracts have been established, provided the chief state school officer approves the bids and purchase contract as meeting specifications of the Kentucky Board of Education. However, no district board of education shall purchase school buses under the terms of this section unless the chief state school officer shall certify that the purchase price is lower than prices set forth in established price contract agreements for similar equipment.

History. Enact. Acts 1956 (1st Ex. Sess.), ch. 7, Art. XVI, § 22; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 134, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

156.160. Promulgation of administrative regulations by Kentucky Board of Education — Voluntary compliance — Penalty.

  1. With the advice of the Local Superintendents Advisory Council, the Kentucky Board of Education shall promulgate administrative regulations establishing standards which school districts shall meet in student, program, service, and operational performance. These regulations shall comply with the expected outcomes for students and schools set forth in KRS 158.645 1. Administrative regulations shall be promulgated for the following:
    1. Courses of study for the different grades and kinds of common schools identifying the common curriculum content directly tied to the goals, outcomes, and assessment strategies developed under KRS 158.645 , 158.6451 , and 158.6453 and distributed to local school districts and schools. The administrative regulations shall provide that:
      1. If a school offers American sign language, the course shall be accepted as meeting the foreign language requirements in common schools notwithstanding other provisions of law;
      2. If a school offers the Reserve Officers Training Corps program, the course shall be accepted as meeting the physical education requirement for high school graduation notwithstanding other provisions of law; and
      3. Every public middle and high school’s curriculum shall include instruction on the Holocaust and other cases of genocide, as defined by the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, that a court of competent jurisdiction, whether a court in the United States or the International Court of Justice, has determined to have been committed by applying rigorous standards of due process;
    2. Courses of study or educational experiences available to students in all middle and high schools to fulfill the prerequisites for courses in advanced science and mathematics as defined in KRS 158.845 ;
    3. The acquisition and use of educational equipment for the schools as recommended by the Council for Education Technology;
    4. The minimum requirements for high school graduation in light of the expected outcomes for students and schools set forth in KRS 158.6451 . The minimum requirements shall not include achieving any postsecondary readiness indicator as described in  KRS 158.6455 or any minimum score on a statewide assessment administered under KRS 158.6453 . Student scores from any assessment administered under KRS 158.6453 that are determined by the National Technical Advisory Panel to be valid and reliable at the individual level shall be included on the student transcript. The National Technical Advisory Panel shall submit its determination to the commissioner of education and the Legislative Research Commission;
    5. The requirements for an alternative high school diploma for students with disabilities whose individualized education program indicates that, in accordance with 20 U.S.C. sec. 1414(d)(1) (A):
      1. The student cannot participate in the regular statewide assessment; and
      2. An appropriate alternate assessment has been selected for the student based upon a modified curriculum and an individualized course of study;
    6. Taking and keeping a school census, and the forms, blanks, and software to be used in taking and keeping the census and in compiling the required reports. The board shall create a statewide student identification numbering system based on students’ Social Security numbers. The system shall provide a student identification number similar to, but distinct from, the Social Security number, for each student who does not have a Social Security number or whose parents or guardians choose not to disclose the Social Security number for the student;
    7. Sanitary and protective construction of public school buildings, toilets, physical equipment of school grounds, school buildings, and classrooms. With respect to physical standards of sanitary and protective construction for school buildings, the Kentucky Board of Education shall adopt the Uniform State Building Code;
    8. Medical inspection, physical and health education and recreation, and other regulations necessary or advisable for the protection of the physical welfare and safety of the public school children. The administrative regulations shall set requirements for student health standards to be met by all students in grades four (4), eight (8), and twelve (12) pursuant to the outcomes described in KRS 158.6451. The administrative regulations shall permit a student who received a physical examination no more than six (6) months prior to his or her initial admission to Head Start to substitute that physical examination for the physical examination required by the Kentucky Board of Education of all students upon initial admission to the public schools, if the physical examination given in the Head Start program meets all the requirements of the physical examinations prescribed by the Kentucky Board of Education;
    9. A vision examination by an optometrist or ophthalmologist that shall be required by the Kentucky Board of Education. The administrative regulations shall require evidence that a vision examination that meets the criteria prescribed by the Kentucky Board of Education has been performed. This evidence shall be submitted to the school no later than January 1 of the first year that a three (3), four (4), five (5), or six (6) year-old child is enrolled in a public school, public preschool, or Head Start program;
      1. Beginning with the 2010-2011 school year, a dental screening or examination by a dentist, dental hygienist, physician, registered nurse, advanced practice registered nurse, or physician assistant that shall be required by the Kentucky Board of Education. The administrative regulations shall require evidence that a dental screening or examination that meets the criteria prescribed by the Kentucky Board of Education has been performed. This evidence shall be submitted to the school no later than January 1 of the first year that a five (5) or six (6) year-old child is enrolled in a public school. (j) 1. Beginning with the 2010-2011 school year, a dental screening or examination by a dentist, dental hygienist, physician, registered nurse, advanced practice registered nurse, or physician assistant that shall be required by the Kentucky Board of Education. The administrative regulations shall require evidence that a dental screening or examination that meets the criteria prescribed by the Kentucky Board of Education has been performed. This evidence shall be submitted to the school no later than January 1 of the first year that a five (5) or six (6) year-old child is enrolled in a public school.
      2. A child shall be referred to a licensed dentist if a dental screening or examination performed by anyone other than a licensed dentist identifies the possibility of dental disease;
    10. The transportation of children to and from school;
    11. The fixing of holidays on which schools may be closed and special days to be observed, and the pay of teachers during absence because of sickness or quarantine or when the schools are closed because of quarantine;
    12. The preparation of budgets and salary schedules for the several school districts under the management and control of the Kentucky Board of Education;
    13. A uniform series of forms and blanks, educational and financial, including forms of contracts, for use in the several school districts;
    14. The disposal of real and personal property owned by local boards of education; and
    15. The development and implementation of procedures, for all students who are homeless children and youths as defined in 42 U.S.C. sec. 11434 a(2), to do the following:
      1. Awarding and accepting of credit, including partial credit, for all coursework satisfactorily completed by a student while enrolled at another school;
      2. Allowing a student who was previously enrolled in a course required for graduation the opportunity, to the extent practicable, to complete the course, at no cost to the student, before the beginning of the next school year;
      3. Awarding a diploma, at the student’s request, by a district from which the student transferred, if the student transfers schools at any time after the completion of the student’s second year of high school and the student is ineligible to graduate from the district to which the student transfers, but meets the graduation requirements of the district from which the student transferred; and
      4. Exempting the student from all coursework and other requirements imposed by the local board of education that are in addition to the minimum requirements for high school graduation established by the Kentucky Board of Education pursuant to paragraph (d) of this subsection in the district to which the student transfers, if the student transfers schools at any time after the completion of the student’s second year of high school and the student is ineligible to graduate both from the district to which the student transfers and the district from which the student transferred.
    1. At the request of a local board of education or a school council, a local school district superintendent shall request that the Kentucky Board of Education waive any administrative regulation promulgated by that board. Beginning in the 1996-97 school year, a request for waiver of any administrative regulation shall be submitted to the Kentucky Board of Education in writing with appropriate justification for the waiver. The Kentucky Board of Education may approve the request when the school district or school has demonstrated circumstances that may include but are not limited to the following: (2) (a) At the request of a local board of education or a school council, a local school district superintendent shall request that the Kentucky Board of Education waive any administrative regulation promulgated by that board. Beginning in the 1996-97 school year, a request for waiver of any administrative regulation shall be submitted to the Kentucky Board of Education in writing with appropriate justification for the waiver. The Kentucky Board of Education may approve the request when the school district or school has demonstrated circumstances that may include but are not limited to the following:
      1. An alternative approach will achieve the same result required by the administrative regulation;
      2. Implementation of the administrative regulation will cause a hardship on the school district or school or jeopardize the continuation or development of programs; or
      3. There is a finding of good cause for the waiver.
    2. The following shall not be subject to waiver:
      1. Administrative regulations relating to health and safety;
      2. Administrative regulations relating to civil rights;
      3. Administrative regulations required by federal law; and
      4. Administrative regulations promulgated in accordance with KRS 158.6451 , 158.6453 , 158.6455 , and this section, relating to measurement of performance outcomes and determination of successful districts or schools, except upon issues relating to the grade configuration of schools.
    3. Any waiver granted under this subsection shall be subject to revocation upon a determination by the Kentucky Board of Education that the school district or school holding the waiver has subsequently failed to meet the intent of the waiver.
  2. Any private, parochial, or church school may voluntarily comply with curriculum, certification, and textbook standards established by the Kentucky Board of Education and be certified upon application to the board by such schools.
  3. Any public school that violates the provisions of KRS 158.854 shall be subject to a penalty to be assessed by the commissioner of education as follows:
    1. The first violation shall result in a fine of no less than one (1) week’s revenue from the sale of the competitive food;
    2. Subsequent violations shall result in a fine of no less than one (1) month’s revenue from the sale of the competitive food;
    3. “Habitual violations,” which means five (5) or more violations within a six (6) month period, shall result in a six (6) month ban on competitive food sales for the violating school; and
    4. Revenue collected as a result of the fines in this subsection shall be transferred to the food service fund of the local school district.

History. 4384-17, 4384-21, 4384-22, 4384-24 to 4384-30; amend. Acts 1974, ch. 348, § 2; 1978, ch. 117, § 16, effective August 31, 1979; 1978, ch. 155, § 90, effective June 17, 1978; 1984, ch. 297, § 1, effective July 13, 1984; 1990, ch. 453, § 2, effective July 13, 1990; 1990, ch. 476, Pt. I, § 31, effective July 13, 1990; 1992, ch. 195, § 10, effective April 3, 1992; 1992, ch. 362, § 1, effective July 14, 1992; 1992, ch. 444, § 1, effective July 14, 1992; 1994, ch. 98, § 8, effective July 15, 1994; 1994, ch. 354, § 3, effective July 15, 1994; 1994, ch. 404, § 1, effective July 15, 1994; 1996, ch. 7, § 1, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 204, § 1, effective July 15, 1998; 1998, ch. 434, § 2, effective April 14, 1998; 1998, ch. 598, § 9, effective April 14, 1998; 2000, ch. 308, § 8, effective July 14, 2000; 2002, ch. 148, § 1, effective July 15, 2002; 2004, ch. 97, § 2, effective July 13, 2004; 2005, ch. 84, § 1, effective June 20, 2005; 2008, ch. 92, § 1, effective July 15, 2008; 2008, ch. 134, § 12, effective July 15, 2008; 2010, ch. 85, § 27, effective July 15, 2010; 2012, ch. 27, § 1, effective July 12, 2012; 2017 ch. 80, § 10, effective June 29, 2017; 2017 ch. 177, § 9, effective June 29, 2017; 2018 ch. 60, § 1, effective July 14, 2018; 2019 ch. 144, § 1, effective June 27, 2019; 2020 ch. 112, § 3, effective July 15, 2020.

Legislative Research Commission Notes.

(7/14/2018). 2018 Ky. Acts ch. 60, sec. 2 provides that this statute amended in 2018 Ky. Acts ch. 60, sec. 1 may be cited as the Ann Klein and Fred Gross Holocaust Education Act.

(7/15/98). This section was amended by 1998 Ky. Acts chs. 204, 434, and 598. Where these Acts are not in conflict, they have been codified together. Where a conflict exists between chs. 434 and 598, Acts ch. 598, which was last enacted by the General Assembly, prevails under KRS 446.250 .

NOTES TO DECISIONS

  1. Rule Requiring Minimum Number of Pupils.
  2. Teacher’s Contract.
  3. Budget.
  4. Rights of Conscience.
  5. Teacher Certification.
  6. Standardized Achievement Testing.
  7. Additional Graduation Requirements.
  8. Regulation of School Bus Operation.
1. Rule Requiring Minimum Number of Pupils.

A rule of the State Superintendent of Public Instruction, approved by the State Board of Education, to the effect that a minimum of 60 students is required for maintenance of a high school, is a valid administrative regulation carrying out the legislature’s intent in its enactment of the school code, and is not an invalid exercise of a legislative function. Dicken v. Kentucky State Board of Education, 304 Ky. 343 , 199 S.W.2d 977, 1947 Ky. LEXIS 579 ( Ky. 1947 ).

Where high school has never had an attendance of 60 or more pupils as required by a rule of the State Superintendent of Public Education approved by the State Board of Education and passed in accordance with statutory authority until after order of discontinuance was made and where sudden increase in attendance was for purpose of obtaining a rescission of the order discontinuing the school, a mandatory injunction requiring revocation of the order discontinuing the high school cannot be granted. Pulliam v. Williams, 304 Ky. 351 , 200 S.W.2d 731, 1947 Ky. LEXIS 628 ( Ky. 1947 ).

2. Teacher’s Contract.

Teacher’s employment contract must be in writing; an oral contract is unenforceable. Leslie County Board of Education v. Melton, 277 Ky. 772 , 127 S.W.2d 846, 1939 Ky. LEXIS 734 ( Ky. 1939 ).

3. Budget.

In order to determine tax levy for school purposes for the ensuing school year the Board of Education should include in its sources statement in the budget a reasonable anticipated amount of collections of taxes delinquent in previous years, based on past years’ experience but the board may deduct the amount of anticipated delinquencies in the collection of taxes under current levy. Middlesboro v. Board of Education, 302 Ky. 683 , 195 S.W.2d 288, 1946 Ky. LEXIS 724 ( Ky. 1946 ).

4. Rights of Conscience.

While the state has an interest in the education of its citizens which could be furthered through compulsory education, the rights of conscience of those who desire education of their children in private and parochial schools should be protected from regulations violative of such rights. Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

5. Teacher Certification.

It cannot be said as an absolute that a teacher in a nonpublic school who is not certified under KRS 161.030(2) will be unable to instruct children to become intelligent citizens; certainly, the receipt of “a bachelor’s degree from a standard college or university” is an indicator of the level of achievement, but it is not a sine qua non the absence of which establishes that private and parochial school teachers are unable to teach their students to intelligently exercise the elective franchise. Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

6. Standardized Achievement Testing.

If the Legislature wishes to monitor the work of private and parochial schools in accomplishing the constitutional purpose of compulsory education, it may do so by an appropriate standardized achievement testing program, and if the results show that one or more private or parochial schools have failed to reasonably accomplish the constitutional purpose, the Commonwealth may then withdraw approval and seek to close them for they no longer fulfill the purpose of “schools.” Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

7. Additional Graduation Requirements.

Regulations promulgated under the authority of this section authorize local school boards to establish additional graduation requirements above the minimum requirements established by the Kentucky Board of Education; such requirements may include a requirement that students take the Kentucky Instructional Results Information System (KIRIS) examination, established by the Board under KRS 158.645 et seq. Triplett v. Livingston County Bd. of Educ., 967 S.W.2d 25, 1997 Ky. App. LEXIS 74 (Ky. Ct. App. 1997), cert. denied, 525 U.S. 1104, 119 S. Ct. 870, 142 L. Ed. 2d 771, 1999 U.S. LEXIS 599 (U.S. 1999).

8. Regulation of School Bus Operation.

Where language of this section and KRS 189.540 was clear and unambiguous and authorized the Department of Transportation to regulate the operation of school buses, which necessarily included those persons operating the buses, there was no room for construction of the statutes and they must be accepted as they were written. Cornette v. Commonwealth, 899 S.W.2d 502, 1995 Ky. App. LEXIS 108 (Ky. Ct. App. 1995).

Statutory grant of authority under KRS 156.160 and KRS 189.540 to Department of Transportation to adopt regulations to govern the design and operation of school buses was not unconstitutional special legislation because it applied only to public and not to private or parochial school bus drivers; the statutes apply equally to a class and further a legitimate state interest in safe transportation of public school children. Cornette v. Commonwealth, 899 S.W.2d 502, 1995 Ky. App. LEXIS 108 (Ky. Ct. App. 1995).

Cited:

Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ); Madison County Bd. of Educ. v. Skinner, 299 Ky. 707 , 187 S.W.2d 268, 1945 Ky. LEXIS 809 (1945); Phelps v. Witt, 304 Ky. 473 , 201 S.W.2d 4, 1947 Ky. LEXIS 6 64 ( Ky. 1947 ); Goins v. Jones, 258 S.W.2d 723, 1953 Ky. LEXIS 882 ( Ky. 1953 ); Hogan v. Kentucky State Board of Education, 329 S.W.2d 563, 1958 Ky. LEXIS 6 ( Ky. 1959 ).

Opinions of Attorney General.

The provision of this section requiring the Superintendent of Public Instruction to prepare rules and regulations to accredit commercial schools is mandatory. OAG 60-886 .

The term “commercial schools” as used in this section, includes only business schools principally engaged in the instruction of typing, shorthand, bookkeeping and related subjects. OAG 60-886 .

Under regulations enacted pursuant to subsection (9) (now subdivision (1)(k)) of this section, a county board of education may designate election day as a holiday and dismiss schools on that day. OAG 60-995 .

A county board of education is not bound to allow private teachers to teach music in the public school building. OAG 73-653 .

The requirement of the State Department of Education that a child participate in a health and physical education course does not impose a significant constitutional burden upon the freedom to exercise religious beliefs and, therefore, the state’s interest in establishing a sound curriculum format for graduation must prevail over patchwork exceptions to course requirements. OAG 76-225 ; OAG 78-312 .

Once approval to sell school property as surplus is given by the Superintendent of Public Instruction, there is no legal requirement that a board of education must dispose of the property by public auction or advertisement of sealed bids and the board may establish a price for the land and sell to any purchaser willing and able to meet that price if the figure represents at least the appraised fair market value of the property. OAG 76-291 .

Although the State Board of Education is required to receive recommendation and advice from the Superintendent of Public Instruction as a condition precedent to the adoption of regulations, the board may exercise reasonable discretion in modifying the recommendation or advice. OAG 77-82 .

A county school board may enter into a quitclaim deed relative to its future interest in a certain parcel of real property. OAG 77-541 .

A local school board may, but is not required to, pay from school funds costs of contracting with local physicians for the performing of physical examinations required by school law or regulation. OAG 78-365 .

The health, general welfare and safety of the school children in a school district constitutes a sufficient educational purpose to authorize the expenditure of school tax dollars to pay doctors for physical examinations for students and school employees. OAG 78-365 .

Teachers and administrators and other school officials are responsible for the public education and are charged with the responsibility of implementing the rules and regulations of the Commonwealth for the control and management of the common schools and local board rules and regulations for schools in a school district. OAG 79-168 .

A school system plan providing for three types of diplomas depending on whether a student chooses the regular, 18-credit program; the enrichment, 21-credit program; or the comprehensive, 22-credit program is in full compliance with the “minimum requirements for graduation” established by the state board pursuant to subsection (2) of this section. OAG 79-253 .

Subsection (2) of this section is not a diploma statute. OAG 79-253 .

A local board of education, pursuant to its broad authority under KRS 160.290 , may require additional credit requirements over those minimally established by regulation of the State Board of Education, pursuant to subsection (2) of this section. OAG 80-118 .

A medical examination required by a regulation promulgated pursuant to subsection (5) (now subsection (1)(g)) of this section in order to determine a high school student’s eligibility for interscholastic athletics, cannot be performed by a chiropractor, since another regulation requires a medical physician’s examination and a chiropractor is not a “physician” under the terms of subdivision (10) (now subdivision (12)) of KRS 311.550 . OAG 81-335 .

Kentucky Revised Statutes 156.070 , this section, and the accompanying regulation, 704 KAR 7:055 set the standards to be followed by employees of the common schools with regard to the imposition of corporal punishment. OAG 92-20 .

The existence of principles of justification in KRS 503.110 under which use of physical force will not be considered a crime does not change the fact that the State Board for Elementary and Secondary Education retains authority and supervision for management and control of common schools; that authority includes prescribing regulations for management of the schools. OAG 92-20 .

The Kentucky Board of Education has preempted the issue of granting high school credit for 8th grade algebra courses and thus removed the decision from the local district. OAG 93-31 .

If a school district or school which exceeds its threshold applies for a waiver from certain regulations, then under this section the Kentucky Board of Education has discretion to grant or deny the waiver request; however, the Board must first determine if the regulation is subject to waiver or if the regulation may not be waived under any circumstance since it relates to health and safety, civil rights, required by federal law, etc., next the the Board must decide if a school or school district which exceeds its threshold should be granted a waiver from a particular regulation. OAG 95-25 .

Exceeding its threshold is the only statutory requirement that a school or school district must meet in order to petition the State Board for a waiver under subsection (2) of this section. OAG 95-25 .

Research References and Practice Aids

Cross-References.

Administrative regulations, adoption and effective dates, KRS 13A.330 .

Foundation program fund, requirements to be met by district to share in, KRS 157.350 .

Free textbooks for children in correctional institutions, duties as to, KRS 157.190 .

School buses, regulations concerning, KRS 189.540 .

School district audits, KRS 156.265 .

Transportation of school children, KRS 158.110 , 158.115 .

Kentucky Bench & Bar.

Kirby, School-Based Decision Making, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 15.

Kentucky Law Journal.

Comment, Regulation of Fundamentalist Christian Schools: Free Exercise of Religion v. The State's Interest in Quality Education, 67 Ky. L.J. 415 (1978-1979).

Northern Kentucky Law Review.

Comments, Separation of Church and State: Education and Religion in Kentucky, 6 N. Ky. L. Rev. 125 (1979).

156.162. Elective course on religious scripture — Purpose — Restrictions — Inclusion of course standards in program of studies.

  1. Pursuant to KRS 156.160 , the Kentucky Board of Education shall promulgate administrative regulations to establish the courses of study for the different grades. The administrative regulation that sets forth the required and elective courses for the schools shall include:
    1. An elective social studies course on the Hebrew Scriptures, Old Testament of the Bible;
    2. An elective social studies course on the New Testament of the Bible; or
    3. An elective social studies course on the Hebrew Scriptures and the New Testament of the Bible.
  2. The purpose of a course under this section is to:
    1. Teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy; and
    2. Familiarize students with, as applicable:
      1. The contents of the Hebrew Scriptures or New Testament;
      2. The history of the Hebrew Scriptures or New Testament;
      3. The literary style and structure of the Hebrew Scriptures or New Testament; and
      4. The influence of the Hebrew Scriptures or New Testament on law, history, government, literature, art, music, customs, morals, values, and culture.
  3. A student shall not be required to use a specific translation as the sole text of the Hebrew Scriptures or New Testament and may use as the basic textbook a different translation of the Hebrew Scriptures or New Testament from that chosen by the school council.
  4. The Kentucky Department of Education shall include the course standards in the program of studies for Kentucky schools, including the teacher qualifications and required professional development.
  5. A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in the school. A course under this section shall not endorse, favor, or promote, or disfavor or show hostility toward, any particular religion or nonreligious faith or religious perspective. The Kentucky Board of Education, in complying with this section, shall not violate any provision of the United States Constitution or federal law, the Kentucky Constitution or any state law, or any administrative regulations of the United States Department of Education or the Kentucky Department of Education.

HISTORY: 2017 ch. 187, § 1, effective June 29, 2017.

156.165. Superintendent to inform local boards of availability of federal funds for exceptional children. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 954, § 17) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

156.170. Superintendent may take special school census. [Repealed.]

Compiler’s Notes.

This section (4384-22) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990. For present law see KRS 159.250 .

156.180. Superintendent may attend educational conferences. [Repealed.]

Compiler’s Notes.

This section (4384-10; amend. Acts 1976, ch. 327, § 3) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

156.190. Call and conduct of school conferences.

The chief state school officer may call and conduct conferences of boards of education, superintendents, supervisors, principals, teachers, attendance officers, and other regular public school employees, on matters relating to the condition, need, and improvement of the schools. Personal traveling expenses incurred by those attending conferences called by the chief state school officer shall be a legitimate public expense and may be paid by boards of education.

History. 4384-16; amend. Acts 1990, ch. 476, Pt. IV, § 135, effective July 13, 1990.

Opinions of Attorney General.

When attending a meeting or conference called by the Superintendent of Public Instruction pursuant to the provisions of this section, a member of a local board of education may be reimbursed pursuant to KRS 160.280 for expenses incurred outside his district. OAG 61-1052 .

It is within the legal prerogative of the local board to fairly establish the nature of professional activities for which it will be willing to incur expenses. OAG 83-228 .

While there is a legal basis for the expenditure of school moneys for professional activities, a school board is not mandated to approve the incurring of these expenses and costs for reimbursement from school funds. OAG 83-228 .

Within reason, school boards are permitted to bear the direct and indirect expenses incurred by teachers and administrators who attend, after prior approval by the board, professional activities and functions; however, school boards are not wholly unfettered in exercising their discretion in approving attendance at sundry professional activities since Const., §§ 180 and 184 require that school funds may be used only for school purposes, the test being whether the expenditure is for an educational purpose rather than whether an activity might be beneficial to education. OAG 83-228 .

Research References and Practice Aids

Cross-References.

Reports of local boards to Board of Education, KRS 160.340 .

School district audits, KRS 156.265 .

156.200. Examination and supervision of reports and accounts of boards of education and educational institutions.

The chief state school officer shall receive and examine all reports required by law or by the Kentucky Board of Education and, in person or through his assistants, shall examine and advise on the expenditures, business methods and accounts of all boards of education and all institutions placed under the management and control of the Department of Education as established in KRS 156.010 . He shall see that all financial and educational accounts are accurately and neatly kept and that all reports are made according to the forms adopted by the Kentucky Board of Education.

History. 4384-14, 4384-30; amend. Acts 1978, ch. 155, § 91, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 136, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

  1. Audits.
  2. Presentment of Accounts on Appeal.
1. Audits.

This section does not require audits by the Superintendent of Public Instruction although the power to audit all of the records of the board necessarily rests in him and in his supervisory capacity he may require reports, advise on expenditures and provide a standard of record keeping and reporting which the several boards must follow. Lewis v. Morgan, 252 S.W.2d 691, 1952 Ky. LEXIS 1019 ( Ky. 1952 ).

2. Presentment of Accounts on Appeal.

In order for Court of Appeals to ascertain whether floating indebtedness is of type which may be funded by issuance of bonds by Board of Education, a school budget prepared by the board and financial and educational accounts of Superintendent of Public Instruction showing complete account of financial expenditures during the previous fiscal year by board must be presented to the Court of Appeals. Ebert v. Board of Education, 277 Ky. 633 , 126 S.W.2d 1111, 1939 Ky. LEXIS 706 ( Ky. 1939 ).

Opinions of Attorney General.

Regulations for bidding promulgated under the authority of this section and KRS 156.070 by county Board of Education has the force of law. OAG 73-247 .

156.210. Powers of chief state school officer.

  1. The chief state school officer shall have access to the papers, books and records of all teachers, trustees, superintendents, or other public school officials.
  2. He may administer oaths and may examine witnesses under oath in any part of the state in any matter pertaining to the public schools, and may cause the testimony to be reduced to writing. He may issue process to compel attendance of witnesses before him and compel witnesses to testify in any investigation he is authorized to make.
  3. When he or his assistants find any mismanagement, misconduct, violation of law, or wrongful or improper use of any district or state school fund, or neglect in the performance of duty on the part of any official, he shall report the same, and any other violation of the school laws discovered by him, to the Kentucky Board of Education, which shall, through the chief state school officer or one (1) of his assistants, call in the county attorney or the Commonwealth’s attorney in the county or district where the violation occurs, and the attorney so called in shall assist in the indictment, prosecution, and conviction of the accused. If prosecution is not warrantable, the Kentucky Board of Education may rectify and regulate all such matters.

History. 4384-12, 4384-15; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 137, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

1. Construction.

This section and KRS 156.070 and 160.190 must be construed together and mean that the state board should have control over the common schools, with the power of removal of such board members who might be found guilty of specified charges. Gearhart v. Kentucky State Board of Education, 355 S.W.2d 667, 1962 Ky. LEXIS 76 ( Ky. 1962 ).

Cited:

Behanan v. Cobb, 2007 Ky. App. LEXIS 37 (Ky. Ct. App. 2007).

Research References and Practice Aids

Cross-References.

Heads of administrative departments may administer oaths and examine witnesses, KRS 12.120 .

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Actions Against a School Board or School Personnel, § 333.00.

156.220. Superintendent to render advice on any controversy or dispute involving proper administration of public schools. [Repealed.]

Compiler’s Notes.

This section (4384-12; amend. Acts 1982, ch. 10, § 1, effective July 15, 1982) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

156.230. Chief state school officer to prepare publications.

  1. The chief state school officer shall annually prepare or cause to be prepared, and submit for approval and publication by the Kentucky Board of Education, a list of all public and private high schools or other secondary schools in the state, showing the classification of each.
  2. He shall, from time to time, prepare or cause to be prepared, and submit for approval and publication by the Kentucky Board of Education, such bulletins, programs, outlines of courses, placards, and courses of study as he deems useful in the promotion of the interests of the public schools.
  3. He shall also prepare for publication the administrative regulations, minimum standards for schools, and educational policies or programs adopted by the board for the operation, regulation, and government of the schools under its supervision.

History. 4384-19, 4384-31; amend. Acts 1952, ch. 41, § 4; 1978, ch. 155, § 92, effective June 17, 1978; 1988, ch. 361, § 9, effective July 15, 1988; 1990, ch. 470, § 51, effective July 1, 1990; 1990, ch. 476, Pt. IV, § 138, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Legislative Research Commission Note.

(7/13/90). This section was amended by two 1990 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250 .

NOTES TO DECISIONS

Cited:

Hogan v. Kentucky State Board of Education, 329 S.W.2d 563, 1958 Ky. LEXIS 6 ( Ky. 1959 ).

Opinions of Attorney General.

The statement of the State Superintendent of Education in an official publication that a pupil boycott gained nothing and lost money for the school system was a statement of policy and the publication of such statement was not an improper use of taxpayers’ money. OAG 69-529 .

Research References and Practice Aids

Cross-References.

Administrative regulations adoption and effective dates, KRS 13A.330 .

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Actions Against a School Board or School Personnel, § 333.00.

156.240. Chief state school officer to electronically publish school laws.

The chief state school officer shall prepare for electronic publication biennially, the complete school laws of the state, including abstracts of decisions of the Court of Justice, and opinions and interpretations of the Attorney General and the chief state school officer. He shall explain the true intent and meaning of the school laws and the published administrative regulations of the Kentucky Board of Education, and in doing so he shall freely consult the Attorney General.

History. 4384-11, 4384-18; amend. Acts 1976, ch. 62, § 90; 1978, ch. 155, § 93, effective June 17, 1978; 1988, ch. 361, § 10, effective July 15, 1988; 1990, ch. 470, § 52, effective July 1, 1990; 1990, ch. 476, Pt. IV, § 139, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2018 ch. 105, § 2, effective April 4, 2018.

Legislative Research Commission Notes.

(7/13/90). This section was amended by two 1990 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails pursuant to KRS 446.250 .

(4/4/2018). The amendments made to this statute in 2018 Ky. Acts ch. 105, sec. 2 are effective April 4, 2018. SB 101 (Ch. 105) was delivered to the Governor on March 22, 2018. The 10-day, not counting Sundays, veto period began on the next day, March 23, and ended at midnight on April 3, 2018. The Governor returned that bill to the Secretary of State on April 2 without signing it. Therefore, since the Governor could have retrieved it and signed it or vetoed it prior to the end of April 3, the bill would not take effect until the first moment of April 4, 2018 following the expiration of the 10-day veto period.

156.250. Biennial report on education.

The chief state school officer shall biennially prepare the report of the Department of Education as established in KRS 156.010 to be submitted to the Governor and the General Assembly. The report shall set out the number attending the public schools, the amount of state funds apportioned and the source from which derived, the amount raised by county school and independent school district taxes or from other sources of revenue for school purposes, the amount expended for salaries of teachers, for the erection of school buildings, and for incidental and other expenses in the operation of the public schools under his supervision, together with any other facts, statistics, and information as may be deemed of interest, including recommendations for the improvement of the schools.

History. 4384-20; amend. Acts 1978, ch. 155, § 94, effective June 17, 1978; 1990, ch. 470, § 53, effective July 1, 1990; 1990, ch. 476, Pt. IV, § 140, effective July 13, 1990.

Legislative Research Commission Note.

(7/13/90). This section was amended by two 1990 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250 .

156.253. Agreements for training workers for new and expanding industries — Reimbursement of industry for specified services. [Repealed, reenacted, and amended.]

Compiler’s Notes.

This section (Enact. Acts 1980, ch. 31, § 1, effective March 12, 1980; 1984, ch. 111, § 90, effective July 13, 1984; 1988, ch. 361, § 11, effective July 15, 1988) was repealed, reenacted, and amended as KRS 151B.120 by Acts 1990, ch. 470, § 22, effective July 1, 1990 and also amended by Acts 1990, ch. 476, Part V, § 141 and Acts 1990, ch. 496, § 48, however, pursuant to KRS 446.260 the repeal, reenactment and amendment by Acts 1990, ch. 470, § 22 prevails. See KRS 151B.120

School District Audits

156.255. Definitions for KRS 156.255 to 156.295.

As used in KRS 156.255 to 156.295 :

  1. “Accountant” means a certified public accountant or a public accountant registered with the State Board of Accountancy.
  2. “Board” means the board of education of a school district.
  3. “Committee” means the State Committee for School District Audits.
  4. “State board” means the Kentucky Board of Education.

History. Enact. Acts 1962, ch. 244, Art. II, § 1; 1978, ch. 155, § 82, effective June 17, 1978; Acts 1990, ch. 476, Pt. IV, § 142, effective July 13, 1990; 1994, ch. 296, § 2, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996.

Legislative Research Commission Note.

(9/2/94). By letter of September 2, 1994, the Secretary of the Finance and Administration Cabinet, acting under KRS 48.500 , advised the Reviser of Statutes of his determination “that no funds appropriated by the Executive Branch Appropriations Act for the 1995-96 biennium can be identified as having been appropriated for the purpose of implementing Sections 1 to 7 of House Bill No. 616, Chapter [296], Acts of the 1994 Regular Session of the General Assembly.” Accordingly, the amendment to this statute contained in 1994 Ky. Acts ch. 296 is void under sec. 3(8) of that Act and has not been codified into the statute.

156.260. State Textbook Commission; organization. [Repealed.]

Compiler’s Notes.

This section (4421a-36) was repealed by Acts 1952, ch. 184, § 17.

156.265. State Committee for School District Audits.

  1. There shall be a State Committee for School District Audits comprised of the Governor, or a person designated by him, the Attorney General, the Auditor of Public Accounts, a person designated by the Legislative Research Commission to represent the Office of Education Accountability, and the commissioner of education. The Auditor of Public Accounts shall be the chair of the committee.
  2. The committee shall have the accounts of each board audited not less than once every fiscal year. The committee also may, at any time, cause to be made a comprehensive and complete audit of any board. Upon the written request of the state board, the commissioner of education, the Attorney General, the Auditor of Public Accounts, the Governor, or the Office of Education Accountability, the committee may cause the accounts of a board to be audited. Each audit shall cover such period of time, and shall include such auditing procedures and standards, as the committee may designate.
  3. Audits authorized under this section are in addition to any audits contemplated under KRS 11.090 or 156.200 or KRS Chapter 43.
  4. The actual expense of any audit authorized under this section shall be borne equally by the district board of education and by the committee from funds allocated to it.
  5. The committee shall meet at least quarterly. Additional or special meetings may be called by the chair.

History. Enact. Acts 1962, ch. 244, Art. II, § 2; 1974, ch. 257, § 4; 1976, ch. 210, § 4; 1978, ch. 155, § 41, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 143, effective July 13, 1990; 1994, ch. 296, § 3, effective July 15, 1994; 2000, ch. 491, § 2, effective July 14, 2000.

Legislative Research Commission Note.

(9/2/94). By letter of September 2, 1994, the Secretary of the Finance and Administration Cabinet, acting under KRS 48.500 , advised the Reviser of Statutes of his determination “that no funds appropriated by the Executive Branch Appropriations Act for the 1995-96 biennium can be identified as having been appropriated for the purpose of implementing Sections 1 to 7 of House Bill No. 616, Chapter [296], Acts of the 1994 Regular Session of the General Assembly.” Accordingly, the amendment to this statute contained in 1994 Ky. Acts ch. 296 is void under sec. 3(8) of that Act and has not been codified into the statute.

Opinions of Attorney General.

Since the State Committee for School District Audits possesses its supervisory authority under this section to audit school boards, and since a school board under the express holding in Bell County Bd. of Educ. v. Lee, 239 Ky. 317 , 39 S.W.2d 492, 1931 Ky. LEXIS 775 (1931), has authority to audit the sheriffs’ school tax accounts, the state committee also has that authority. OAG 72-76 .

This section gives the Committee for School District Audits the authority to include in its procedures an audit of the sheriffs’ records concerning the disposition of collected school taxes. OAG 72-76 .

It is entirely within the discretion of the committee whether a requested audit shall be made and who shall make it. OAG 73-451 .

The Auditor of Public Accounts has no authority to undertake an audit of any school district unless directed to do so by the State Committee for School District Audits. OAG 73-451 .

The State Committee for School District Audits could authorize an audit made by the Auditor of Public Accounts in lieu of an audit by an accountant in private practice. OAG 73-451 .

This section and KRS 7.330 should be interpreted to allow both the state committee and the commission to authorize local school district audits consistent with their statutory authority and that such interpretation is both logical, reasonable and consistent with the apparent intent of the Legislature as evidenced by the words of the statute. OAG 89-29 .

This section does not appear to be couched in terms of exclusivity; that is, it does not prohibit the statutory authority of another agency to conduct school district audits. OAG 89-29 .

Research References and Practice Aids

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (15) at 1061.

156.270. Conditions to be complied with before textbooks adopted or purchased. [Repealed.]

Compiler’s Notes.

This section (4421a-37) was repealed by Acts 1952, ch. 184, § 17.

156.275. Accountant — Selection — Reports.

  1. The committee shall select, to make the audit authorized under KRS 156.265 , accountants who are qualified under KRS Chapter 325 and the administrative regulations promulgated by the Kentucky State Board of Accountancy.
  2. Immediately upon completion of each audit, the accountant shall prepare a report of his findings and recommendations in such form and in such detail as the committee may prescribe. The report shall be to the committee and in such number of copies as specified by the committee. The committee shall furnish one (1) copy to the Kentucky Board of Education, one (1) copy to the district board of education to which the report pertains, one (1) copy to the chief state school officer and one (1) copy to the Auditor of Public Accounts. The district board of education shall keep a copy of the report on file in the office of the superintendent of schools of the district and the report shall be open to inspection by any interested person, subject to reasonable rules as to time and place of inspection.

History. Enact. Acts 1962, ch. 244, Art. II, § 3; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 144, effective July 13, 1990; 1994, ch. 123, § 1, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996.

Legislative Research Commission Note.

(9/2/94). By letter of September 2, 1994, the Secretary of the Finance and Administration Cabinet, acting under KRS 48.500 , advised the Reviser of Statutes of his determination “that no funds appropriated by the Executive Branch Appropriations Act for the 1995-96 biennium can be identified as having been appropriated for the purpose of implementing Sections 1 to 7 of House Bill No. 616, Chapter [296], Acts of the 1994 Regular Session of the General Assembly.” Accordingly, the amendment to this statute contained in 1994 Ky. Acts ch. 296 is void under sec. 3(8) of that Act and has not been codified into this statute.

Opinions of Attorney General.

Subsection (1) of this section prohibits the State Committee for School District Audits from selecting a certified public accountant (CPA) firm to perform a school board audit if the CPA has a spouse or dependent employed by the school district. Additionally, KRS 156.480 prohibits a CPA with a spouse employed by the school district from entering into a contract with the school system. OAG 93-16 .

156.280. Conditions of bond of person offering textbooks. [Repealed.]

Compiler’s Notes.

This section (4421a-37) was repealed by Acts 1952, ch. 184, § 17.

156.285. Access to records — Witnesses — Subpoena.

  1. The accountant shall have access to and may examine all books, accounts, reports, vouchers, correspondence files, records, money, and property of any board. Every officer or employee of any such board having such records or property in his possession or under his control shall permit access to and examination of them upon the request of the accountant.
  2. The committee may require information on oath from any person touching any matters relative to any account that the accountant is required to audit. The committee may administer the oath, or have it done by any officer authorized to administer an oath.
  3. The committee may issue process and compel the attendance of witnesses before it, and administer oaths and compel witnesses to testify in any of the investigations the accountant is authorized to make.

History. Enact. Acts 1962, ch. 244, Art. II, § 4; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 368, effective July 13, 1990; 1994, ch. 296, § 5, effective July 15, 1994.

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 244, Art. II, § 4) was repealed and reenacted by Acts 1976, ch. 476, Pt. V, § 368, effective July 13, 1990.

Legislative Research Commission Note.

(9/2/94). By letter of September 2, 1994, the Secretary of the Finance and Administration Cabinet, acting under KRS 48.500 , advised the Reviser of Statutes of his determination “that no funds appropriated by the Executive Branch Appropriations Act for the 1995-96 biennium can be identified as having been appropriated for the purpose of implementing Sections 1 to 7 of House Bill No. 616, Chapter [296], Acts of the 1994 Regular Session of the General Assembly.” Accordingly, the amendment to this statute contained in 1994 Ky. Acts ch. 296 is void under sec. 3(8) of that Act and has not been codified into the statute.

156.290. Form of statement and bond; duration; supplemental statement and bond. [Repealed.]

Compiler’s Notes.

This section (4421a-37) was repealed by Acts 1952, ch. 184, § 17.

156.295. Offenses — Penalties.

  1. Any officer or employee of a board or any other person who prevents, attempts to prevent, or obstructs an examination by the accountant made under KRS 156.265 and 156.275 is guilty of a high misdemeanor and shall, upon indictment and conviction in the Circuit Court of competent jurisdiction, be fined five hundred dollars ($500).
  2. Any person who fails or refuses to permit the examination provided for in KRS 156.285 or who interferes with such examination shall be fined not less than one hundred dollars ($100) or imprisoned in the county jail for not less than one (1) month nor more than twelve (12) months, or both. Each refusal shall constitute a separate offense.
  3. Any person who has custody of any books, accounts, reports, vouchers, correspondence, files, records, money, and property that the accountant is authorized to examine under KRS 156.265 and 156.285 who fails or refuses when called upon by the committee for that purpose to permit the accountant to inspect any of such materials shall, upon conviction in the Circuit Court of competent jurisdiction, be fined not more than five hundred dollars ($500) and be subject to removal as provided by law.
  4. Any person who refuses to be sworn when required by the committee to be sworn for the purpose mentioned in subsection (2) of KRS 156.285 shall be fined not more than five hundred dollars ($500).
  5. Any witness called by the committee under subsection (3) of KRS 156.285 who fails, without legal excuse, to attend or testify shall be fined not more than five hundred dollars ($500).

History. Enact. Acts 1962, ch. 244, Art. II, § 5; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 369, effective July 13, 1990; 1994, ch. 296, § 6, effective July 15, 1994.

Compiler’s Notes.

This section (Enact. Acts 1962, Ch. 244, Art. II, § 5) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 369, effective July 13, 1990.

Legislative Research Commission Note.

(9/2/94). By letter of September 2, 1994, the Secretary of the Finance and Administration Cabinet, acting under KRS 48.500 , advised the Reviser of Statutes of his determination “that no funds appropriated by the Executive Branch Appropriations Act for the 1995-96 biennium can be identified as having been appropriated for the purpose of implementing Sections 1 to 7 of House Bill No. 616, Chapter [296], Acts of the 1994 Regular Session of the General Assembly.” Accordingly, the amendment to this statute contained in 1994 Ky. Acts ch. 296 is void under sec. 3(8) of that Act and has not been codified into the statute.

156.300. Violation of bond; suit on. [Repealed.]

Compiler’s Notes.

This section (4421a-42) was repealed by Acts 1952, ch. 184, § 17.

156.310. Adoption of lists of books from which city independent districts are to select basal texts; period of use of adopted books; number that may be changed at any adoption period; when adoption periods begin. [Repealed.]

Compiler’s Notes.

This section (4421a-38; amend. 1944, ch. 166, § 1; 1948, ch. 87, § 2) was repealed by Acts 1952, ch. 184, § 17.

156.320. Adoption of basal texts for county districts and certain independent districts; adoption period. [Repealed.]

Compiler’s Notes.

This section (4421a-39; amend. 1944, ch. 166, § 2; 1948. ch. 87, § 3) was repealed by Acts 1952, ch. 184, § 17.

156.330. Only approved books to be used as basal texts; when changes effective. [Repealed.]

Compiler’s Notes.

This section (4421a-40; amend. Acts 1944, ch. 166, § 4; 1948, ch. 87, § 43) was repealed by Acts 1952, ch. 184, § 17.

156.340. Distribution of books; agents. [Repealed.]

Compiler’s Notes.

This section (4421a-41) was repealed by Acts 1952, ch. 184, § 17.

156.350. Pupil removing from district; purchase of books from. [Repealed.]

Compiler’s Notes.

This section (4421a-43) was repealed by Acts 1952, ch. 184, § 17.

156.360. School official or employe not to act as book agent. [Repealed.]

Compiler’s Notes.

This section (4421a-45) was repealed by Acts 1952, ch. 184, § 17.

156.370. Reward for adoption of books forbidden. [Repealed.]

Compiler’s Notes.

This section (4421a-44) was repealed by Acts 1952, ch. 184, § 17.

156.380. Disposition of sample books. [Repealed.]

Compiler’s Notes.

This section (4421a-45) was repealed by Acts 1952, ch. 184, § 17.

Textbook Commission

156.395. Definition of “instructional materials” for KRS 156.400 to 156.476.

For purposes of KRS 156.400 to 156.476 , unless the context requires otherwise, “instructional materials” means tools used to assist in student learning, as defined in administrative regulations promulgated by the Kentucky Board of Education.

History. Enact. Acts 1992, ch. 266, § 1, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996.

Research References and Practice Aids

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

156.400. School subjects’ adoption groups — Textbook contracts and purchases.

  1. The chief state school officer shall arrange the elementary, middle, and high school subjects included in the state courses of study as prescribed by the Kentucky Board of Education into six (6) adoption groups.
  2. Contracts for each of the six (6) adoption groups shall be for a period of six (6) years and shall be executed on a staggered basis, with one (1) group being up for adoption each year. The six (6) adoption groups shall be arranged by similarity of content to the extent possible, while being arranged as nearly equal in number and purchase cost as possible. Subjects with rapidly changing or highly technical content may be considered more frequently than once during a six (6) year cycle.
  3. The chief state school officer may delay the purchase of books due to insufficient funds, but any purchases of books shall be in accordance with this chapter.

History. Enact. Acts 1952, ch. 184, § 1; 1974, ch. 71, § 1, effective March 13, 1974; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 154, § 1, effective July 15, 1982; 1984, ch. 161, § 1, effective July 13, 1984; 1988, ch. 138, § 1, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 145, effective July 13, 1990; 1992, ch. 266, § 7, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 1, effective July 14, 2000.

NOTES TO DECISIONS

Cited in:

Commonwealth ex rel. Armstrong v. Collins, 709 S.W.2d 437, 1986 Ky. LEXIS 262 ( Ky. 1986 ).

Opinions of Attorney General.

Where a school district purchases textbooks and materials under the provisions of KRS 156.400 to 156.476 , the statutory bidding procedure required by KRS 424.260 is not applicable. OAG 75-27 .

156.405. State Textbook Commission — Textbook reviewers.

  1. The purpose of the State Textbook Commission is to provide a recommended list of current and high quality textbooks and instructional materials to local school districts that complement the educational program in Kentucky schools; to provide a consumer guide to schools to aid with the selection of materials; and to provide for public participation in the evaluation process.
  2. The State Textbook Commission shall consist of the chief state school officer and ten (10) appointive members. The ten (10) members shall be appointed by the Kentucky Board of Education upon the recommendation of the chief state school officer for terms of four (4) years with two (2) appointments each year, except that every fourth year there shall be four (4) appointments. No member shall be eligible to serve more than two (2) full terms consecutively. All vacancies that occur on the State Textbook Commission shall be filled in like manner for the remainder of the unexpired terms. The Department of Education and the State Textbook Commission shall receive assistance in the textbook evaluation process from professionals and lay citizens who will be referred to in this chapter as the “textbook reviewers.”
  3. The State Textbook Commission shall:
    1. Select and direct the activities of the textbook reviewers who develop selection criteria and review textbooks and programs;
    2. Develop selection criteria and evaluation forms with the help of the textbook reviewers and Kentucky Department of Education staff to be used in the state level review process;
    3. Approve the evaluative criteria and forms used by the commission and textbook reviewers;
    4. Review the textbook reviewers’ evaluations, and textbooks or programs as it deems necessary, in order to select from them a recommended list of high quality materials;
    5. Provide notice of and the opportunity for public inspection of textbooks and programs offered for adoption and use in the public schools;
    6. Conduct a public hearing for the purpose of receiving public comment concerning textbooks and programs under consideration;
    7. Select, recommend, and publish a list of high quality textbooks and programs; and
    8. Publish a consumer guide and distribute it to Kentucky public schools.
  4. The textbook reviewers shall be comprised of twelve (12) individuals for the area or areas being considered for adoption. The textbook reviewers shall be approved by the State Textbook Commission based on the recommendation of the chief state school officer.
  5. The textbook reviewers shall:
    1. Develop and submit to the commission subject specific evaluative criteria to be used in reviewing textbooks and programs;
    2. Review textbooks and programs to determine those of high quality, using evaluative criteria and forms approved by the commission;
    3. Submit to the commission reviews and evaluative forms regarding reviewed textbooks and programs;
    4. Attend meetings and training sessions as requested by the commission and the Department of Education; and
    5. Ensure that textbooks are free from factual error.
      1. Eight (8) of the appointive members of the State Textbook Commission shall have had not less than five (5) years teaching or supervising experience in the public schools of Kentucky and shall have had at the time of their appointment at least four (4) years of college training in a recognized institution of higher education. (6) (a) 1. Eight (8) of the appointive members of the State Textbook Commission shall have had not less than five (5) years teaching or supervising experience in the public schools of Kentucky and shall have had at the time of their appointment at least four (4) years of college training in a recognized institution of higher education.
      2. Five (5) members of the commission shall be classroom teachers actively employed in the public schools of Kentucky as teachers in subject field or fields for which the commission will select books.
      3. Two (2) members shall be principals, supervisors, or superintendents of public schools or public school systems.
      4. One (1) member shall be a member of the faculty of a public institution of higher education engaged in teacher preparation.
      5. Two (2) members shall be lay citizens, one (1) of whom shall have a child enrolled in a public school at the time of appointment.
    1. In recommending the members of the State Textbook Commission the chief state school officer shall give due regard to representation from rural and urban areas and from the elementary, middle, and high school levels when the educational levels are included in the subject field or fields for which adoptions are to be made.
  6. Textbook reviewers shall have the following qualifications: Six (6) of the textbook reviewers shall be instructional supervisors and classroom teachers in various and appropriate grade levels primary through grade twelve (12), with experience and training in the subject areas to be reviewed. One (1) reviewer shall have expertise and training in learning theory as applied to the classroom situation. One (1) reviewer shall be a current or former university faculty member with expertise in the content area of the textbooks to be reviewed. One (1) reviewer shall have experience and training in readability and formatting of textbooks. Three (3) reviewers shall be parents, two (2) of whom shall have a child currently enrolled in public schools in Kentucky.
  7. Members of the State Textbook Commission shall receive fifty ($50) dollars per day and reimbursement for their actual expenses while attending commission meetings. Textbook reviewers shall receive remuneration based on the amount of textbooks and programs to be reviewed and criteria to be developed as determined by the chief state school officer. Textbook reviewers shall be paid one hundred dollars ($100) per day, not to exceed one thousand dollars ($1,000) annually. Textbook reviewers shall also receive reimbursement for actual expenses while attending reviewer or commission meetings.
  8. The meetings of the State Textbook Commission shall be open to the public and shall be held at least once every quarter and notice of such meeting shall be given in accordance with KRS 424.110 to 424.210 .
  9. Not later than May 1 each year the chief state school officer shall call the State Textbook Commission into session. The members of the State Textbook Commission shall elect one (1) of its voting members as chairman and shall adopt administrative regulations for the procedure of the commission. The chief state school officer shall be the secretary of the commission.

History. Enact. Acts 1952, ch. 184, § 2; 1974, ch. 71, § 2, effective March 13, 1974; 1976, ch. 74, § 6, effective March 29, 1976; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 154, § 2, effective July 15, 1982; 1988, ch. 138, § 2, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 146, effective July 13, 1990; 1992, ch. 266, § 8, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 2, effective July 14, 2000.

Opinions of Attorney General.

The State Textbook Commission may, pursuant to its legal authority, approve the adoption of a multivolume paperback edition or a single volume paperback edition of a textbook in lieu of the hardback edition. OAG 71-169 .

Research References and Practice Aids

Cross-References.

State Textbook Commission as division in Department of Education, KRS 156.010 .

156.407. Selection of textbook reviewers — Review and evaluation process.

  1. The chief state school officer shall, not later than February 1 of each year in which an adoption is to be made, solicit applications for filling twelve (12) positions for textbook reviewers.
  2. Solicitation shall be statewide for all appointments and include specifications which ensure candidates have professional expertise in the subject areas to be reviewed if appropriate for the appointment.
  3. The State Textbook Commission, at its first yearly meeting, shall select textbook reviewers based on a list of qualified applicants prepared by the chief state school officer and giving consideration to the recommendations as specified in KRS 156.405 .
  4. The Department of Education’s curriculum and instruction specialists shall serve as staff to the commission and reviewers. The staff shall:
    1. Orient and train the commission and reviewers regarding departmental policy and review procedures;
    2. Make available existing standards and criteria for textbook evaluation; and
    3. Provide supplies and sample textbooks for the review process.
  5. The textbook reviewers shall develop subject specific criteria for textbook review and evaluation in the following textbook areas:
    1. Subject content, including its relationship to the academic expectations;
    2. Audience;
    3. Format;
    4. Readability;
    5. Accuracy; and
    6. Ancillary materials.
  6. On or before July 15, the State Textbook Commission shall develop general criteria, review and approve subject specific criteria, and provide the standard criteria and evaluation forms to be used by the commission and textbook reviewers.
  7. Based upon approval of the standard criteria and evaluation forms, the textbook reviewers shall review textbooks and programs. The committee shall submit evaluation forms for each textbook or program reviewed in each of the five (5) areas, set forth in subsection (5) of this section, with comments related to strengths and weaknesses in each area.
  8. The State Textbook Commission shall review the work of the textbook reviewers and based on this review and any of its own reviews of textbooks or programs, establish a state multiple list of recommended textbooks and programs. The list of recommended textbooks and programs shall be free of factual error. Copies of all evaluation forms submitted by the textbook reviewers shall be made available to commission members and maintained on file within the Department of Education for the cycle length of the books. For those materials placed on the state multiple list of recommended textbooks and programs, the Department of Education shall publish a consumer guide that includes summary results of the evaluations and any factual error identified in the textbooks, and shall distribute it to all public schools in the state.

History. Enact. Acts 1988, ch. 138, § 5, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 147, effective July 13, 1990; 1992, ch. 266, § 9, effective July 14, 1992; 2000, ch. 419, § 3, effective July 14, 2000.

156.410. Evaluation of textbooks and programs.

  1. The chief state school officer shall prepare minimum manufacturing standards, delineate content specifications, in accordance with the curriculum requirements of the program of studies for Kentucky schools: grades K-12, and formulate other criteria for use in the evaluation of textbooks and programs in Kentucky. Criteria shall require that all materials be suitable for use with a diverse population and be free of social, ethnic, racial, religious, age, gender, and geographic bias.
  2. It shall be the duty of the chief state school officer to prepare all necessary forms for use in the evaluation of textbooks and programs, such as advertising for textbook bids; forms for bids, bonds, and contracts; and other forms.
  3. The Kentucky Board of Education, upon the recommendation of the chief state school officer, shall have authority to prescribe:
    1. Administrative regulations pertaining to all textbook samples for use on the state and local levels; and
    2. Shall have authority to promulgate administrative regulations relating to the agents and representatives of textbooks and programs, as to the methods and procedures for use in adoptions on the state and local levels.
  4. The chief state school officer, on or before May 1 prior to any adoption year, shall properly advertise the subjects for which textbook adoptions will be made and notify the different publishers of the textbooks. The publishers, on or before July 15, of any adoption year, shall file with the chief state school officer textbook samples, filing fees, textbook bids and bonds, and other specified information relative to the books that they desire to offer for adoption.
  5. The chief state school officer shall:
    1. Review the bid information submitted by the publishers;
    2. Verify that the bid complies with the specifications; and
    3. Prepare a list of textbooks and programs, for consideration by the State Textbook Commission indicating those in compliance with the standards and specifications and those not in compliance, detailing areas of noncompliance.

History. Enact. Acts 1952, ch. 184, § 3; 1974, ch. 71, § 3, effective March 13, 1974; 1978, ch. 155, § 82, effective June 17, 1978; 1988, ch. 138, § 3, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 148, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 4, effective July 14, 2000.

Opinions of Attorney General.

In determining the meaning of the words “shall file” as used in subsection (4), the word “shall” when used in statutes is mandatory and “mailing” cannot be considered “filing” so that in order for material to be considered filed, it must be received in the office of the Superintendent of Public Instruction not later than midnight, August 20. OAG 73-640 .

156.415. Conditions to be complied with before textbooks and programs adopted or purchased.

Before textbooks and programs offered for adoption and use in public schools of Kentucky may be lawfully recommended and listed by the State Textbook Commission or purchased by any board of education, the person, firm, or corporation offering the materials for adoption and use shall file with the chief state school officer:

  1. Copies of all textbooks and programs that the person, firm, or corporation desires to offer for adoption and use, with a sworn statement of the list price and the lowest wholesale price at which each of the titles is sold in any adopting unit;
  2. A statement that all the titles offered for sale, adoption, and use, do comply with the standards and specifications for textbooks designated by the chief state school officer as regards paper, binding, printing, illustrations, subject matter, and other items included in the standards and specifications;
  3. Copies of any revision or special editions of the textbooks and programs filed, with a statement describing in detail each point of difference from the regular edition filed, and the list price and the lowest wholesale price at which the revision or special edition is sold anywhere in the United States;
  4. A fee of five dollars ($5) for each book filed except when a series of books is filed, in which case the fee shall be five dollars ($5) for the first book and one dollar ($1) for each additional book in the series. The fee provided by this subsection shall be paid at each and every adoption period;
  5. A bond running to the Commonwealth of Kentucky, executed by a surety company authorized to do business in this state, in a sum not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000), to be determined by the chief state school officer; and
  6. An affidavit certifying any textbook the publisher or manufacturer offers in the state to be free of factual error at the time the publisher or manufacturer executes a contract.

History. Enact. Acts 1952, ch. 184, § 4; 1974, ch. 71, § 4, effective March 13, 1974; 1990, ch. 476, Pt. IV, § 149, effective July 13, 1990; 2000, ch. 419, § 5, effective July 14, 2000.

156.420. Bond conditions for person, firm, or corporation offering textbooks.

The bond required by the person, firm, or corporation offering the books for adoption shall be so conditioned that:

  1. The person, firm, or corporation will furnish any of the books listed in the statement filed for the period of adoption from the date of the bond to any school district in Kentucky, or to any dealer appointed by the district, at the lowest wholesale price contained in the statement, f.o.b. the publisher’s nearest shipping point;
  2. The person, firm, or corporation shall not bid and enter into a contract for an adoption period with the Commonwealth of Kentucky for books at a higher wholesale price than is being bid for the same adoption period elsewhere in the United States.
  3. The person, firm, or corporation will automatically reduce such prices in Kentucky whenever reductions are made anywhere in the United States, so that no book shall at any time be sold in Kentucky at a higher wholesale price than is received for that book elsewhere in the United States;
  4. If the person, firm, or corporation prepared an abridged or special edition of any book that has been listed and sells it elsewhere at a lower wholesale price than the wholesale price set out in the filed statement, the person will file a copy of the special edition with the price of the special edition in a supplemental statement with the chief state school officer;
  5. All books sold in Kentucky will be identical with the specimen books filed with the chief state school officer as regards size, paper, binding, print, illustrations, subject matter, and other particulars which may affect the value of the books;
  6. The person, firm, or corporation shall not enter into any agreement, understanding, or combination to control the price of textbooks or to restrict competition in their sale in Kentucky.

History. Enact. Acts 1952, ch. 184, § 5; 1974, ch. 71, § 5, effective March 13, 1974; 1990, ch. 476, Pt. IV, § 150, effective July 13, 1990.

156.425. Form of statement and bond — Supplemental statement and bond.

The form of the sworn statement and bond required shall be prescribed by the chief state school officer. The bond shall be in force for the adoption period. The person, firm, or corporation may at any time while the bond is in force file a supplemental statement covering additional books or special editions of books previously filed. The supplemental statement shall expire at the date of expiration of the original statement and bond. Prior to the expiration of any statement and bond the person may file a new statement and bond for a further period of adoption, and if he fails to file a new statement and bond his right to offer textbooks for adoption and use in the public schools of Kentucky shall expire on the date of expiration of the former bond.

History. Enact. Acts 1952, ch. 184, § 6; 1974, ch. 71, § 6, effective March 13, 1974; 1990, ch. 476, Pt. IV, § 151, effective July 13, 1990.

156.430. Violation of bond — Suit on bond.

The superintendent of schools of each school district shall notify the chief state school officer of any violation of any of the conditions in any bond which has been filed. If the chief state school officer finds that a violation has occurred, he shall instruct the Attorney General to bring suit on the bond. Any sum recovered in such suit shall be paid into the State Treasury.

History. Enact. Acts 1952, ch. 184, § 7; 1990, ch. 476, Pt. IV, § 152, effective July 13, 1990.

156.433. Instructional materials eligible for purchase with state textbook funds — Review procedure — List of approved materials.

  1. The Kentucky Board of Education, upon recommendation of the chief state school officer, shall promulgate an administrative regulation identifying instructional materials eligible for purchase with state textbook funds. The regulation shall identify instructional materials which are subject to review before being recommended for use, establish a procedure for the review, and a process for adding an instructional material to the recommended list. The Department of Education may pay instructional materials reviewers an amount not to exceed one thousand dollars ($1,000) annually per reviewer for their services using funds from the appropriation for state textbooks.
  2. The Department of Education shall establish a list of recommended instructional materials for the use of school personnel.

History. Enact. Acts 1992, ch. 266, § 2, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 6, effective July 14, 2000.

156.435. Adoption of lists — Rejections — Execution of contracts — Publication of lists.

  1. The State Textbook Commission shall, not later than September 20 of any year in which an adoption is to be made, select, recommend, and publish a list of books or programs in each subject and grade, taking into account the needs of the various types of students.
  2. The State Textbook Commission shall have the authority to reject any book which:
    1. Contains subversive material or information that is offered for listing or adoption. If the commission finds on the multiple list any book which contains subversive material or information, provided the publisher of the book has been given written notice by the secretary of the commission not less than thirty (30) days prior to the meeting, the textbook commission shall have authority to remove the book from the state multiple list;
    2. Is in noncompliance with standards and specifications set forth in KRS 156.410 ; or
    3. Is not of high quality in terms of the content provided, the audience addressed, the format used, the readability of material or the ancillary materials provided the teacher and students.
  3. The State Textbook Commission shall have the authority to solicit additions for the state list when the list does not contain books or materials for subjects added to the state courses of study.
  4. The chief state school officer shall make and execute contracts for the recommended textbooks and programs with the publishers on or before May 1 following the establishment of the state multiple list of recommended titles selected by the commission. Except as described in KRS 156.400 , all contracts shall run for six (6) years.
  5. The chief state school officer shall prepare a multiple list of recommended textbooks or programs and publish the list along with a consumer guide and distribute the documents to the superintendents of each county and independent school district in Kentucky on or before November 15 of each adoption year.

History. Enact. Acts 1952, ch. 184, § 8; 1974, ch. 71, § 7, effective March 13, 1974; 1982, ch. 9, § 1, effective July 15, 1982; 1982, ch. 154, § 3, effective July 15, 1982; 1988, ch. 138, § 4, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 153, effective July 13, 1990; 1992, ch. 266, § 5, effective July 14, 1992; 2000, ch. 419, § 7, effective July 14, 2000.

NOTES TO DECISIONS

Cited in:

Commonwealth ex rel. Armstrong v. Collins, 709 S.W.2d 437, 1986 Ky. LEXIS 262 ( Ky. 1986 ).

Opinions of Attorney General.

The term “book,” as used in this section, is not limited to a mere physical object and is no legal obstacle to the adoption of a multivolume paperback edition of a textbook. OAG 71-169 .

The term “books or programs,” as used in this section, restricts the list to be compiled by the State Textbook Commission to print materials. OAG 76-207 .

156.437. Administrative regulations for listing, adoption, and purchase of subject programs.

The Kentucky Board of Education, upon the recommendation of the chief state school officer, shall have the authority to prescribe administrative regulations for the recommended listing by the State Textbook Commission, adoption by local adoption units, and the purchase of subject programs for the pupils in the public schools.

History. Enact. Acts 1964, ch. 193, § 1; 1974, ch. 71, § 8, effective March 13, 1974; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 9, § 2, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 154, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 8, effective July 14, 2000.

156.438. Administrative regulations for reviewing and resolving claims of factual errors in adopted textbooks.

  1. The Kentucky Board of Education shall promulgate administrative regulations to establish procedures for reviewing and resolving claims of factual errors found in textbooks after adoption by the State Textbook Commission.
  2. The administrative regulations shall include:
    1. A process for an individual who believes that a factual error or errors have been found to file notice of his or her findings;
    2. A methodology for validating the accuracy of a claim of factual error;
    3. The development of conditions to include in publishers’ contracts specifying protocols for correcting errors which take into account the following:
      1. The extensiveness of the errors found;
      2. The remaining time left until the next textbook adoption cycle at the time the claim is determined to be valid;
      3. Conditions that would necessitate replacement of a book in its entirety; and
      4. Conditions that could be addressed through the insertion of corrections in textbooks without replacement;
    4. Notice to school districts of errors, if found, and the resolution determined to be available; and
    5. Notice to the claimant relative to the validation review and the resolution determined to be available if the claim of error was validated.

History. Enact. Acts 2011, ch. 72, § 1, effective June 8, 2011.

156.439. District allocation for textbook and instructional materials — Use — School plans — Carryover.

  1. The Kentucky Board of Education shall promulgate by administrative regulations the method for calculating and distributing a district’s textbook and instructional materials allocation. The district’s allocation shall be used by schools to purchase:
    1. Textbooks and programs from the state recommended list;
    2. Textbooks and programs not on the state’s recommended list, if notification is submitted to the Department of Education that the material meets the selection criteria of the State Textbook Commission in KRS 156.405(3)(b), the subject specific criteria of the textbook reviewers pursuant to KRS 156.407(5), and compliance with the required publisher specifications;
    3. Instructional materials, with an approved plan pursuant to subsection (2) of this section; or
    4. Any combination of the above.
  2. The district shall identify all purchases made with the textbook and instructional materials allocation and shall keep on file a plan developed by each school, in accordance with administrative regulations promulgated by the Kentucky Board of Education, for providing the necessary textbooks and instructional materials for all grades, and subject areas, including the replacement of books and materials during the six (6) year adoption period. A school may carry forward to the next school year any part of its textbook and instructional materials allocation which has been distributed to the district. If a local board does not approve a school council’s plan, the council may appeal to the commissioner and an administrative hearing shall be conducted in accordance with KRS Chapter 13B.

History. Enact. Acts 1992, ch. 266, § 3, effective July 14, 1992; 1996, ch. 318, § 48, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 9, effective July 14, 2000.

Research References and Practice Aids

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

156.440. Sample copies of materials selected and placed on state multiple list of recommended textbooks.

Publishers, upon the request of the superintendents of the county and independent school districts, shall furnish to the local boards of education the requested sample copies of their materials that were selected and placed on the state multiple list of recommended textbooks by the State Textbook Commission.

History. Enact. Acts 1952, ch. 184, § 9; 1974, ch. 71, § 9, effective March 13, 1974; 1982, ch. 154, § 4, effective July 15, 1982; 1984, ch. 410, § 9, effective July 13, 1984; 1990, ch. 476, Pt. IV, § 155, effective July 13, 1990; 1992, ch. 266, § 4, effective July 14, 1992; 2000, ch. 419, § 10, effective July 14, 2000.

NOTES TO DECISIONS

Cited in:

Commonwealth ex rel. Armstrong v. Collins, 709 S.W.2d 437, 1986 Ky. LEXIS 262 ( Ky. 1986 ).

156.445. Only recommended textbook or program to be used as basal title — Exceptions — When changes to be effective — Approval of materials for private and parochial schools.

  1. No textbook or program shall be used in any public school in Kentucky as a basal title unless it has been recommended and listed on the state multiple list by the State Textbook Commission or unless a school and district has met the notification requirements under subsection (2) of this section. Any changes of textbooks made by the State Textbook Commission shall not become effective until grades and classes of the respective county and independent school districts have completed work for which the adopted book then in use was originally intended. Nothing in this section shall apply to the supplementary books that are needed from time to time.
  2. A school council, or if none exists, the principal, may notify, through the superintendent, the State Textbook Commission that it plans to adopt a basal textbook or program that is not on the recommended list by submitting evidence that the title it has chosen meets the selection criteria of the State Textbook Commission in KRS 156.405(3)(b) and the subject specific criteria of the textbook reviewers pursuant to KRS 156.407(5) and complies with the required publisher specifications.
  3. In approving text materials for private and parochial schools for the purpose of KRS 156.160(3) the text materials shall be approved if they are comprehensive and appropriate to the grade level in question notwithstanding the fact that they may contain elements of religious philosophy.

History. Enact. Acts 1952, ch. 184, § 10; 1978, ch. 136, § 5, effective July 1, 1979; 1978, ch. 155, § 160, effective June 17, 1978; 1984, ch. 297, § 2, effective July 13, 1984; 1990, ch. 476, Pt. I, § 32, effective July 13, 1990; 1992, ch. 266, § 6, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 11, effective July 14, 2000.

NOTES TO DECISIONS

1. Previous Editions.

A board of education upon adopting a new edition of a text may provide that pupils owning used copies of a previous edition could use same. Schlake v. Board of Education, 240 Ky. 426 , 42 S.W.2d 526, 1931 Ky. LEXIS 414 ( Ky. 1931 ) (decided under prior law).

Research References and Practice Aids

Kentucky Law Journal.

Comment, Regulation of Fundamentalist Christian Schools: Free Exercise of Religion v. The State's Interest in Quality Education, 67 Ky. L.J. 415 (1978-1979).

Northern Kentucky Law Review.

Comments, Separation of Church and State: Education and Religion in Kentucky, 6 N. Ky. L. Rev. 125 (1979).

156.447. Optional purchase of supplemental textbooks, materials, and equipment. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 193, § 2; 1970, ch. 229, § 1; 1972, ch. 369, § 1; 1976, ch. 74, § 2, effective March 29, 1976; 1978, ch. 155, § 82, effective June 17, 1978; 1984, ch. 364, § 1, effective July 13, 1984; 1990, ch. 476, Pt. IV, § 156, effective July 13, 1990) was repealed by Acts 1992, ch. 266, § 11, effective July 14, 1992.

156.450. Distribution of books — Agents. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 184, § 11; 1982, ch. 9, § 3, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 157, effective July 13, 1990) was repealed by Acts 2000, ch. 419, § 20, effective July 14, 2000.

156.455. Purchase of books from pupil moving from district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 184, § 13; 1982, ch. 9, § 4, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 158, effective July 13, 1990) was repealed by Acts 2000, ch. 419, § 20, effective July 14, 2000.

156.460. School official or employee not to act as book agent.

No superintendent, teacher, or other official or employee of any institution supported wholly or in part by public funds shall act, directly or indirectly, as agent for any person whose school textbooks are filed with the chief state school officer.

History. Enact. Acts 1952, ch. 184, § 13; 1990, ch. 476, Pt. IV, § 159, effective July 13, 1990.

Research References and Practice Aids

Cross-References.

State support of education, KRS ch. 157.

156.465. Reward for adoption of books forbidden.

No person shall secure or attempt to secure the adoption of any school textbook in any school district in this state, by rewarding or promising to reward, directly or indirectly, any person in any public school district in the state. No person shall offer or give any emolument to any person in any school district in this state for any vote or promise to vote, or the use of his influence, for any school textbook to be used in this state.

History. Enact. Acts 1952, ch. 184, § 14; 1990, ch. 476, Pt. IV, § 160, effective July 13, 1990.

Research References and Practice Aids

Cross-References.

Unlawful compensation of public servant, KRS 521.040 .

156.470. Copy of recommended titles to remain in specified office for period of adoption.

A copy of all recommended titles listed by the State Textbook Commission shall remain in an office specified by the chief state school officer as an official sample for the period of the adoption.

History. Enact. Acts 1952, ch. 184, § 15; 1974, ch. 71, § 10, effective March 13, 1974; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 9, § 5, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 161, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 12, effective July 14, 2000.

156.472. Textbooks for model and practice schools. [Repealed]

History. Enact. Acts 1960, ch. 99, § 1; 1974, ch. 71, § 11, effective March 13, 1974; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 162, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; repealed by 2020 ch. 66, § 4, effective July 15, 2020.

156.474. Multiple textbook adoptions.

  1. The Kentucky Board of Education, upon the recommendation of the chief state school officer, shall have the authority to prescribe the conditions whereby a school district may make multiple textbook adoptions for the different school subjects by grades.
  2. The Kentucky Board of Education, upon the recommendation of the chief state school officer, shall have the authority to prescribe the administrative regulations to govern the purchase of the multiple-adopted textbooks for the school district. The chief state school officer, subject to the approval of the Kentucky Board of Education, may purchase the textbooks from the publishers whose books have been adopted by the school district for grades kindergarten through twelve (12) and distribute them without cost to the pupils attending the public schools in the school district.

History. Enact. Acts 1960, ch. 99, § 2; 1974, ch. 71, § 12, effective March 13, 1974; 1976, ch. 74, § 3, effective March 29, 1976; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 9, § 6, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 163, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

156.475. Title.

KRS 156.405 , 156.474 , 157.100 , and 157.110 may be cited as “The Rattliff-Ward Textbook Act of 1976.”

History. Enact. Acts 1976, ch. 74, § 1; 1990, ch. 476, Pt. IV, § 164, effective July 13, 1990.

156.476. Textbooks for children with impaired vision — Requirement that publisher of adopted textbook furnish American Printing House for the Blind with text in electronic format.

  1. The Kentucky Board of Education, upon the recommendation of the chief state school officer, shall select suitable textbooks and programs in an appropriate format, which include braille textbooks, and other materials available in clear type of eighteen (18) to twenty-four (24) points in the different subject areas for children with impaired vision who are attending the public schools of the Commonwealth of Kentucky in grades kindergarten through twelve (12). These books and materials shall not be subject to the official bids, filing fees, sampling, and the stipulated list prices, lowest wholesale prices, and the standards and specifications required for the books and materials approved and listed by the State Textbook Commission for regular use by the pupils attending the public schools of the State of Kentucky. The Kentucky Board of Education, upon the recommendation of the chief state school officer, may promulgate an administrative regulation determining the pupils eligible for the books and materials, the number of books and types of materials to be purchased, and the general administration of the program. The chief state school officer, subject to the approval of the Kentucky Board of Education, may purchase these books and materials and distribute them without cost to the pupils with impaired vision attending the public schools of the state. All books and programs purchased under this section for the pupils with impaired vision are the property of the state.
  2. The Department of Education shall require any publisher of a textbook or program adopted for use in the public schools of the Commonwealth to furnish the American Printing House for the Blind with computer diskettes or tapes of those print materials either in the American Standard Code for Information Interchange, (ASCII), or in any other format, either electronic or print, which can be readily translated into braille or large print.

History. Enact. Acts 1960, ch. 99, § 3; 1974, ch. 71, § 13, effective March 13, 1974; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 9, § 7, effective July 15, 1982; 1986, ch. 463, § 1, effective July 15, 1986; 1990, ch. 476, Pt. IV, § 165, effective July 13, 1990; 1992, ch. 382, § 4, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 13, effective July 14, 2000.

Miscellaneous

156.480. Employees of department or school districts with decision-making authority prohibited from supplying goods or services for which school funds are expended — Penalties.

  1. No commissioner, associate commissioner, deputy commissioner, director, manager, purchasing agent, or other employee of the Department of Education with decision-making authority over the financial position of a school, school district, or school system shall have any pecuniary interest in the school, school district, or school system, either directly or indirectly, in an amount exceeding twenty-five dollars ($25) per year, either at the time of or after his appointment to office, in supplying any goods, services, property, merchandise, or services, except personal services that are in addition to those required by contract for employment, of any nature whatsoever for which school funds are expended. If any person specified in this subsection receives, directly or indirectly, any gift, reward, or promise of reward for his influence in recommending or procuring the use of any goods, services, property, or merchandise of any kind whatsoever for which school funds are expended, he shall upon conviction be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), and his office or appointment shall without further action be vacant.
  2. No employee of any county or independent school district with decision-making authority over the financial position of the school district shall have any pecuniary interest, either directly or indirectly, in an amount exceeding twenty-five dollars ($25) per year, either at the time of or after his appointment to office, in supplying any goods, services, property, merchandise, or services, except personal services that are in addition to those required by contract for employment, of any nature whatsoever for which school funds are expended. If any person specified in this subsection receives, directly or indirectly, any gift, reward, or promise of reward for his influence in recommending or procuring the use of any goods, services, property, or merchandise of any kind whatsoever for which school funds are expended, he shall upon conviction be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), and his office or appointment shall without further action be vacant.

History. Enact. Acts 1956, (1st Ex. Sess.) Ch. 7, Art. II, § 7; 1966, ch. 89, § 7; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 370, effective July 13, 1990; 1994, ch. 123, § 2, effective July 15, 1994.

Compiler’s Notes.

This section (Enact. Acts 1956, (1st Ex. Sess.) Ch. 7, Art. II, § 7; 1966, ch. 89, § 7) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 370, effective July 13, 1990.

NOTES TO DECISIONS

  1. Determination of Forfeiture.
  2. Vacancy and Penalty.
1. Determination of Forfeiture.

If misconduct of school superintendent is proven it automatically works a forfeiture of the incumbent’s right to the office and the provision is self-executing but the fact of the existence of the grounds of forfeiture must be determined by a judicial tribunal and not by county board of education. Arnett v. De Weese, 304 S.W.2d 784, 1957 Ky. LEXIS 281 ( Ky. 1957 ).

An individual who had been nominated by county board of education as superintendent of schools upon board’s declaration that incumbent had forfeited his office by entering into a contract to rent certain property to the board, employing his wife as finance officer of the board, contracting with the board to serve as secretary, being a partner in a firm operating a school bus line under contract with the board and receiving travel expenses from the board could bring declaratory judgment action for determination of whether forfeiture had taken place and whether he was entitled to the office. Arnett v. De Weese, 304 S.W.2d 784, 1957 Ky. LEXIS 281 ( Ky. 1957 ).

2. Vacancy and Penalty.

This section is a positive and imperative declaration that if any school official or employee shall commit any of the acts enumerated in this section, his office “shall without further action be vacant, and he shall, upon conviction, be deemed guilty of a misdemeanor and fined not less than fifty dollars nor more than five hundred dollars.” Arnett v. De Weese, 304 S.W.2d 784, 1957 Ky. LEXIS 281 ( Ky. 1957 ).

Opinions of Attorney General.

Although generally a school board member may not be removed for acts committed in a prior term of office, he may be removed for such acts in a case involving gross fraud in the management of his office, or in a case of a continuing duty to act imposed upon him by virtue of the public trust implicit in his office. OAG 61-145 .

The treasurer of a local board of education, who received a salary of $10.00 per month and who had a pecuniary interest in an agency that sold insurance to the board of education, would be disqualified as treasurer if the pecuniary interest in the sale, direct or indirect, was in excess of $25.00. OAG 61-211 .

Absent a showing that a superintendent did not attend to the regular duties of the office, there is no statutory authority or other legal basis for the view that any or all of a superintendent’s salary could be recovered. OAG 69-515 .

Any consideration as to the potential prosecution based upon actual evidence which would indicate a violation of KRS 156.480 should in the normal course of events be made by the county attorney or the Commonwealth’s attorney in the district where the violation occurred, following receipt of formal notification and presentation of competent evidence. OAG 69-515 .

A superintendent is a teacher within the application of the statute and may receive extra pay from the board for extra personal services in addition to his regular full-time duties as superintendent. OAG 69-515 .

Where a school superintendent does rent property or supply general services to the school district by which he is employed, and where the amount involved exceeds $25.00, this section is violated. OAG 69-515 .

Where the board of education rented office space in a building in which the superintendent had a financial interest and the lease was one in which the superintendent realized a direct or indirect financial interest, a violation occurred. OAG 69-515 .

A teacher who is also an insurance agent may not properly submit a bid on school property insurance to the district which employs him as a schoolteacher. OAG 70-527 .

The purpose of this section is to prevent a supplier from receiving an undue advantage over other suppliers to a school system either by being employed by the school system directly or by having a close connection with one so employed. OAG 71-474 .

Where a husband sold instructional aids and his wife was employed as a teacher, he would be prohibited from selling supplies to the system by which she was employed. OAG 71-474 .

Under KRS 161.770 , a leave of absence from the school system can only be granted for illness, maternity or other disability, and educational or professional purposes and as operating a garbage service is not one of these statutory reasons, the school board should not have granted a leave of absence but should have required the teacher to resign or continue working and, if the teacher is on a bona fide leave of absence, he would be violating this section by selling the services of his garbage service to the school system. OAG 73-651 .

Since the school board does not have the authority to oust an officer or employee on the grounds of conflict of interest, it may accept a low competitive bid from a retail sporting goods supplier although the wholesaler or the retailer is an employee of the school board even though the board knows that the wholesaler will be in violation of this statute. OAG 73-671 .

Regardless of whether the treasurer receives an honorarium or salary, he is an employee of the school board, and as such, he is subject to this section and thus would be prohibited from selling insurance to the board. OAG 75-461 .

A county school board is not legally precluded from accepting the low bid of and contracting with an employee of the school district; however, if the school district employee enters into a contract with the school board to furnish five freezers for five schools in the county since such bid does not come within the statutory exception of personal services which are in addition to those required by contract for employment, he has violated the provisions of this section but whether he has forfeited his office by such violation is a matter for the courts to determine. OAG 77-228 .

A violation under this section is to be prosecuted within one (1) year after it is committed. OAG 79-155 .

The wrong committed by a violation of this section is an “offense” which is a “violation” since only a fine and not incarceration may be imposed. OAG 79-155 .

The Model Procurement Code would not prohibit an assistant school principal from submitting a competitive bid to the school board for services as a professional auctioneer. OAG 80-605 .

Where the wife of an assistant superintendent of county schools owned one half (1/2) of a flower shop which occasionally entered into contracts with various schools in the system, such contracts would violate this section. OAG 81-311 ( OAG 78-315 withdrawn).

KRS 156.275(1) prohibits the State Committee for School District Audits from selecting a certified public accountant (CPA) firm to perform a school board audit if the CPA has a spouse or dependent employed by the school district. Additionally, this section prohibits a CPA with a spouse employed by the school district from entering into a contract with the school system. OAG 93-16 .

An “employee with decision-making authority over the financial position of the school district” includes, first of all, certain school officials with broad authority over the financial position of the school district including the superintendent, the assistant superintendents, principals and school council members. Other school employees with power to make financial and budgetary decisions with regard to the allocation of funds and the purchase of goods, services, property, or merchandise, also have “decision-making authority.” The authority to recommend expenditure items also represents such authority. OAG 94-61 .

In order to conclude whether an employee is covered under subsection (2) of this section it may be necessary to review the employee’s job description and determine the extent of influence extended over purchases by the school system. OAG 94-61 .

156.483. Restrictions on employing violent offenders or persons convicted of sex crimes — Criminal record check on job applicants.

  1. The State Department of Education shall not employ, in a position which involves supervisory or disciplinary power over a minor, any person who is a violent offender or has been convicted of a sex crime defined in KRS 17.165 as a felony. The Department of Education may employ, at its discretion, persons convicted of sex crimes classified as a misdemeanor. The Department of Education shall request all conviction information for any applicant for employment from the Justice and Public Safety Cabinet prior to employing the applicant.
  2. Each application form, provided by the Department of Education to the applicant, shall conspicuously state the following: “FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION OF EMPLOYMENT.”
  3. Any request for records under subsection (1) of this section shall be on a form approved by the Justice and Public Safety Cabinet, and the cabinet may charge a fee to be paid by the applicant in an amount no greater than the actual cost of processing the request.
  4. The provisions of this section shall apply after July 15, 1988, to all applicants for initial employment in a position which involves supervisory or disciplinary power over a minor.

History. Enact. Acts 1988, ch. 345, § 2, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 166, effective July 13, 1990; 2007, ch. 85, § 164, effective June 26, 2007.

156.485. GED certificate recognized — Fee for issuance — Funding for essay requirement — Employment of staff to score essays. [Repealed, reenacted, and amended.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 192, § 1; 1986, ch. 311, § 1, effective July 15, 1986; 1988, ch. 361, § 12, effective July 15, 1988) was repealed, reenacted, and amended as KRS 151B.125 by Acts 1990, ch. 470, § 23, effective July 1, 1990. It was also amended by Acts 1990, ch. 476, Part IV, § 167. See KRS 151B.125 .

156.486. GED foundation for adult education. [Repealed, reenacted, and amended.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 209, § 1, effective July 15, 1986) was repealed, reenacted, and amended as KRS 151B.130 by Acts 1990, ch. 470, § 24, effective July 1, 1990. It was also repealed and reenacted by Acts 1990, ch. 476, Part V, § 371. Pursuant to § 653(1) of Acts 1990, ch. 476, Part VIII, ch. 470 prevails over ch. 476.

156.487. [Number not yet utilized.]

Legislative Research Commission Note.

(7/14/2000). The tables to the 2000 Kentucky Acts show 2000 Ky. Acts ch. 498, sec. 3, as being codified at this KRS number. However, because 2000 Ky. Acts ch. 477, sec. 1, was nearly identical to the section from Acts ch. 498, it was subsequently decided during codification to merge both Acts together at KRS 156.106 , so that KRS 156.487 was not used.

156.488. Department to communicate core content and career-readiness standards, assist in identifying students who are academically behind or have high absentee rates or discipline problems, and develop enhanced courses to be offered.

  1. Prior to January 1, 2013, the Kentucky Department of Education shall communicate to all local school districts the minimum core content standards for postsecondary education introductory courses and career-readiness standards required under KRS 158.6453 .
  2. Prior to the beginning of the 2013-2014 school year, the department shall assist districts in the analyses of assessment data to identify students who are academically behind, who have higher than normal absentee rates, or who have a record of discipline problems at the end of grade six (6), grade eight (8), grade nine (9), grade ten (10), and grade eleven (11).
  3. The department shall develop enhanced courses in English, reading, and mathematics to be offered to students in grade six (6), grade nine (9), grade ten (10), grade eleven (11), and grade twelve (12) who are academically behind to help them meet the college and career-readiness standards.

History. Enact. Acts 2012, ch. 150, § 3, effective April 19, 2012.

Legislative Research Commission Note.

(4/19/2012). 2012 Ky. Acts ch. 150, sec. 10, provides that the Act, which included the creation of this statute, shall be known as the “Career Pathways Act of 2012.”

156.490. Governor’s conference on education. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 64, §§ 1 to 4) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

156.495. Program to identify and locate missing children enrolled in Kentucky schools.

  1. The Department of Education shall weekly distribute the names, provided by the Department of Kentucky State Police, of all missing children and children who have been recovered to all public and private schools admitting children in preschool through grade twelve (12).
  2. Every public and private school in this state shall notify local law enforcement or the Department of Kentucky State Police at its earliest known contact with any child whose name appears on the list of missing Kentucky children.
  3. The department shall encourage each public and private school to engage in a program whereby the parents of children who are absent from school are notified in person or by telephone to verify if they know that the child is not attending school.

History. Enact. Acts 1984, Ch. 382, § 14 effective July 13, 1984; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 372, effective July 13, 1990; 2003, ch. 39, § 2, effective June 24, 2003; 2007, ch. 85, § 165, effective June 26, 2007.

Compiler’s Notes.

This section (Enact. Acts 1984, Ch. 382, § 14 effective July 13, 1984) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 372, effective July 13, 1990.

156.496. Family resource and youth services centers — Design — Core components — Location — Grant program — Prohibition on abortion counseling and referrals — Monetary donations.

  1. Family resource and youth services centers shall be designed to meet the needs of children and their families by providing services to enhance a student’s ability to succeed in school. If resources are limited, students and families who are the most economically disadvantaged shall receive priority status for receiving services.
  2. Family resource centers shall be located in or near each elementary school in the Commonwealth in which twenty percent (20%) or more of the student body are eligible for free or reduced-price school meals. Family resource centers shall promote identification and coordination of existing resources and shall include but not be limited to the following core components for each site:
    1. Full-time preschool child care for children two (2) and three (3) years of age;
    2. After-school child care for children ages four (4) through twelve (12), with the child care being full-time during the summer and on other days when school is not in session;
    3. Families in training, which shall consist of an integrated approach to home visits, group meetings, and monitoring child development for new and expectant parents;
    4. Family literacy services as described in KRS 158.360 or a similar program designed to provide opportunities for parents and children to learn together and promote lifelong learning; and
    5. Health services or referrals to health services, or both.
  3. Youth services centers shall be located in or near each school in the Commonwealth, except elementary schools, in which twenty percent (20%) or more of the student body are eligible for free or reduced-price school meals. Youth services centers shall promote identification and coordination of existing resources and shall include but not be limited to the following core components for each site:
    1. Referrals to health and social services;
    2. Career exploration and development;
    3. Summer and part-time job development for high school students;
    4. Substance abuse education and counseling; and
    5. Family crisis and mental health counseling.
  4. A grant program is hereby established to provide financial assistance to eligible school districts to establish or maintain family resource or youth services centers. The Cabinet for Health and Family Services shall award grants pursuant to KRS 156.4977 . Funding provided to the Cabinet for Health and Family Services for the grant program and agency administrative costs shall include an increase that is equal to or greater than the general fund growth factor provided in agency budget instructions.
  5. A family resource or youth services center that receives funding for one (1) year or more shall not be considered ineligible for funding based solely on the percent of the student body eligible for free or reduced-price school meals unless the percent of the student body eligible for free or reduced-price school meals is below twenty percent (20%) for five (5) consecutive years.
  6. A school district shall not operate a family resource center or a youth services center that provides abortion counseling or makes referrals to a health care facility for the purpose of seeking an abortion.
  7. A school district may accept monetary donations for the operation and maintenance of family resource and youth services centers. Any donations given to the school district for the operation and maintenance of family resource and youth services centers shall be used only for the operation and maintenance of family resource and youth services centers, and for no other purpose.

History. Enact. Acts 2008, ch. 120, § 2, effective July 15, 2008; 2019 ch. 76, § 1, effective June 27, 2019.

156.497. Interagency Task Force on Family Resource Centers and Youth Services Centers — Formulation of five-year plan — Implementation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 476, Pt. I, § 18, effective July 13, 1990;1992, ch. 291, § 3, effective April 15, 1992; 1994, ch. 194, § 1, effective July 15, 1994; 1996, ch. 271, § 9, effective July 15, 1996; 2000, ch. 271, § 1, effective March 31, 2000) was repealed by Acts 2006, ch. 211, § 170, effective July 12, 2006.

156.4975. Definitions for KRS 156.496, 156.4975, and 156.4977.

As used in KRS 156.496 , 156.4975 , and 156.4977 :

  1. “Core component” means one (1) of the activities or services for children and their families provided by a family resource or youth services center required by KRS 156.496 ;
  2. “Health services” means preventive and health care services provided in a school setting and includes but is not limited to supplemental classroom instructional services related to health by an advanced practice registered nurse, registered nurse, or licensed practical nurse;
  3. “Optional component” means one (1) of the activities or services provided for children or their families as part of the implementation of a family resource or youth services center in addition to those required by KRS 156.496 and designed to satisfy unique community needs; and
  4. “Secretary” means the secretary of the Cabinet for Health and Family Services.

History. Enact. Acts 1992, ch. 291, § 1, effective April 15, 1992; 2005, ch. 99, § 127, effective June 20, 2005; 2008, ch. 120, § 1, effective July 15, 2008; 2008, ch. 179, § 1, effective July 15, 2008; 2010, ch. 85, § 28, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2008). This section was amended by 2008 Ky. Acts chs. 120 and 179, which do not appear to be in conflict and have been codified together.

156.4977. Grants to local school districts for family resource and youth services centers — Supplemental grant program to provide health services.

  1. Grants shall be awarded to eligible local school districts to implement family resource and youth services centers as defined in KRS 156.496 .
  2. Grant proposal instructions shall be developed by the Cabinet for Health and Family Services. The instructions shall be contained in a grant application package and distributed to each local public school district in which there are qualifying schools.
  3. A proposal review team comprised of at least three (3) members shall review proposals and score each application in accordance with training provided and scoring procedures established by the Cabinet for Health and Family Services. Proposal reviewers shall be selected by the secretary of the Cabinet for Health and Family Services. The reviewers shall submit the scored proposals to the secretary of the Cabinet for Health and Family Services. Written notification of the secretary’s final decision on proposals shall be provided by the secretary to each applicant school district.
  4. The application from each qualifying school or school consortium shall contain the following:
    1. A statement of need;
    2. Proposed goals and outcomes;
    3. A description of the actual services and activities to be provided at the center and how they shall be provided;
    4. A description of how the children and families with the most urgent needs will be served first;
    5. Written agreements with other service providers;
    6. A description of the development, composition, and role of the local advisory council;
    7. The strategies to disseminate information;
    8. A training plan;
    9. A description of procedures to be followed to obtain parental permission for services and for sharing confidential information with other service providers. Procedures shall be developed pursuant to federal law and the Kentucky Revised Statutes including, but not limited to, KRS 210.410 , 214.185 , 222.441 , 645.030 , and Chapters 620 and 635 and shall require that no family resource center or youth services center offer contraceptives to minor students prior to receiving the express consent of the student’s parent or legal guardian;
    10. A plan to minimize stigma;
    11. A work plan for each of the core components and optional components;
    12. Job descriptions for staff;
    13. A description of the center location and school accessibility;
    14. A description of the hours of operation of the center;
    15. A financial strategy and budget;
    16. A program evaluation plan; and
    17. Letters of endorsement and commitment to the center from community agencies and organizations.
  5. Grant proposal instruction and scoring procedures shall be made available to all qualifying schools.
  6. As funding becomes available, a supplemental grant program may fund the employment of a physician licensed under KRS Chapter 311 or nurse licensed under KRS Chapter 314 to provide health services as defined in KRS 156.4975 in a family resource or youth services center.
    1. The supplemental grant program shall be managed by the Cabinet for Health and Family Services, and schools that have a family resource or youth services center may apply for grant funds under the guidelines and criteria established by promulgation of administrative regulations pursuant to KRS Chapter 13A.
    2. The supplemental grant program may receive state appropriations, federal funds, gifts, or other contributions for the purposes specified under this subsection.
    3. A supplemental grant shall not exceed fifty percent (50%) of a grant awarded under subsection (1) of this section, and a supplemental grant shall not reduce the amount of a grant awarded to a local school district under subsection (1) of this section.

History. Enact. Acts 1992, ch. 291, § 2, effective April 15, 1992; 1994, ch. 194, § 2, effective July 15, 1994; 1994, ch. 334, § 18, effective July 15, 1994; 1998, ch. 174, § 1, effective March 27, 1998; 2005, ch. 99, § 128, effective June 20, 2005; 2008, ch. 120, § 3, effective July 15, 2008; 2008, ch. 179, § 2, effective July 15, 2008.

Legislative Research Commission Note.

(7/15/2008). This section was amended by 2008 Ky. Acts chs. 120 and 179, which do not appear to be in conflict and have been codified together.

156.498. Alternate approval procedure for federal food program eligibility for certain organizations.

As the administering agency for the Child and Adult Care Food Program funded by the United States Department of Agriculture, the Kentucky Department of Education shall establish an alternate approval procedure, as required by the applicable federal rules and regulations, to review information submitted by organizations operating centers or programs for children for which licensing or approval is not available in this state, in order to establish eligibility for the federal food program. The department shall establish the alternate approval procedure no later than August 1, 1996. As a condition of the alternate approval procedures, the department shall require submission of health, sanitation, and fire and safety permits for all centers or programs seeking alternate approval.

History. Enact. Acts 1996, ch. 81, § 2, effective July 15, 1996.

Compiler’s Notes.

The federal regulations relating to the Child and Adult Care Food Program referenced herein are found at 7 CFR part 226.

156.499. Termination of boards, commissions, councils and committees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 40, effective October 18, 1985; 1988, ch. 179, § 1, effective July 15, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

156.500. Appointments to reflect reasonable minority representation.

The General Assembly directs that appointments made by the appointing authority to every board, commission, council or other type of advisory or decision-making body created or reenacted by the Education Reform Act of 1990 reflect reasonable minority representation of the membership and that active minority participation at every level of implementation be continually encouraged.

History. Enact. Acts 1990, ch. 476, Pt. III, § 116, effective July 13, 1990.

Opinions of Attorney General.

School council committees are advisory bodies created by Kentucky Education Reform Act, therefore, school council committees must be formed consistent with this section, which requires reasonable minority representation on the committees. OAG 94-8 .

156.501. Student health services — Responsibilities of Department of Education and Department for Public Health — Filling of position — Funding.

  1. The Department of Education shall provide leadership and assistance to local school districts relating to student health services. The department, working in cooperation with the Department for Public Health, shall provide, contract for services, or identify resources to improve student health services, including but not limited to the following:
    1. Standardized protocols and guidelines for health procedures to be performed by health professionals and school personnel. The protocols and guidelines shall include but not be limited to the following:
      1. The delegation of nursing functions consistent with administrative regulations promulgated by the Kentucky Board of Nursing;
      2. Training of designated nonmedical school personnel; and
      3. Appropriate documentation and recordkeeping including, but not limited to, notification to school administrators and parents or guardians of the provision of health services by a school employee, including certification of medical necessity for health services signed by a health care professional, and informed consent for the provision of health services by a parent or guardian.
    2. Consultation, technical assistance, and development of quality improvement measures for the state and local boards of education, individual public schools, and local health departments;
    3. Facilitation of statewide and local data collection and reporting of school health services; and
    4. Information and resources that relate to the provision of school health services.
  2. The Department of Education shall establish a position to assist in carrying out the responsibilities required under subsection (1) of this section. The position may be established with existing personnel resources, or by contract, with an individual who:
    1. Holds, at a minimum, a bachelor’s degree in nursing with a master’s degree in nursing or a related field from an accredited postsecondary institution; and
    2. Is a registered nurse licensed under the provisions of KRS Chapter 314.
  3. The Department of Education shall provide fifty percent (50%) of the costs for the position required by subsection (2) of this section and the Department for Public Health shall provide the remaining fifty percent (50%) for the position. The Department of Education may enter into a contractual arrangement, such as a Memorandum of Agreement, with the Department for Public Health to share the costs.

A copy of the protocols and guidelines shall be made available to each school in the Commonwealth and shall be maintained by each school in the school’s library;

History. Enact. Acts 2002, ch. 294, § 1, effective July 15, 2002.

156.502. Health services in school setting — Designated provider — Liability protection.

  1. As used in this section:
    1. “Health services” means the provision of direct health care, including the administration of medication; the operation, maintenance, or health care through the use of medical equipment; or the administration of clinical procedures. “Health services” does not include first aid or emergency procedures; and
    2. “School employee” means an employee of the public schools of this Commonwealth.
  2. Health services shall be provided, within the health care professional’s current scope of practice, in a school setting by:
    1. A physician who is licensed under the provisions of KRS Chapter 311;
    2. An advanced practice registered nurse, registered nurse, or licensed practical nurse who is licensed under the provisions of KRS Chapter 314;
    3. A nonlicensed health technician that has the administration of health services in his or her contract or job description as a job responsibility and who is delegated responsibility to perform the health service by a physician, advanced practice registered nurse, or registered nurse and has been trained and approved in writing by the delegating physician or delegating nurse for delegable health services; or
    4. A school employee who is delegated responsibility to perform the health service by a physician, advanced practice registered nurse, or registered nurse; and
      1. Has been trained by the delegating physician or delegating nurse for the specific health service, if that health service is one that could be delegated by the physician or nurse within his or her scope of practice; and
      2. Has been approved in writing by the delegating physician or delegating nurse. The approval shall state that the school employee consents to perform the health service when the employee does not have the administration of health services in his or her contract or job description as a job responsibility, possesses sufficient training and skills, and has demonstrated competency to safely and effectively perform the health service. The school employee shall acknowledge receipt of training by signing the approval form. A copy of the approval form shall be maintained in the student’s record and the personnel file of the school employee. A delegation to a school employee under this paragraph shall be valid only for the current school year.
  3. If no school employee has been trained and delegated responsibility to perform a health service, the school district shall make any necessary arrangement for the provision of the health service to the student in order to prevent a loss of a health service from affecting the student’s attendance or program participation. The school district shall continue with this arrangement until appropriate school personnel are delegated the responsibility for health care in subsection (2) of this section.
  4. A school employee who has been properly delegated responsibility for performing a medical procedure under this section shall act as an agent of the school and be granted liability protection under the Federal Paul P. Coverdell Teacher Liability Protection Act of 2001, Pub. L. No. 107-110, unless the claimant establishes by clear and convincing evidence that harm was proximately caused by an act or omission of the school employee that constitutes negligence, willful or criminal misconduct, or a conscious, flagrant indifference to the rights and safety of the individual harmed.
  5. Nothing in this section shall be construed to deny a student his or her right to attend public school and to receive public school services, or to deny, prohibit, or limit the administration of emergency first aid or emergency procedures.

History. Enact. Acts 2002, ch. 294, § 2, effective July 15, 2002; 2010, ch. 85, § 29, effective July 15, 2010; 2014, ch. 3, § 1, effective March 5, 2014.

Compiler’s Notes.

The Federal Paul P. Coverdell Teacher Liability Protection Act of 2001, Pub. L. No. 107-110, referenced herein is compiled as 20 USCS §§ 6731 et seq.

NOTES TO DECISIONS

Cited:

R.K. v. Bd. of Educ., 755 F. Supp. 2d 800, 2010 U.S. Dist. LEXIS 132930 (E.D. Ky. 2010 ).

Research References and Practice Aids

Kentucky Bench & Bar.

Elliott & Fink, Medication Use in Schools: Education Law Meets Pharmacy Law, Volume 75, No. 1, January 2011, Ky. Bench & Bar 5.

156.503. Committee to study basketball tournaments — Membership — Meetings and recommendations.

  1. The agency designated by the Kentucky Board of Education to manage interscholastic athletics shall appoint a committee by September 1, 2002, to study the current format and scheduling of the state girls and boys high school basketball tournaments and consider the pros and cons of the scheduling, taking into consideration the physical and mental demands on the players, the impact on the school instructional calendar, the availability of facilities, and other related factors as determined by the committee.
  2. The committee shall consist of the following representatives, one (1) of whom shall be male, and one (1) of whom shall be female, except in paragraphs (f) and (i):
    1. Two (2) coaches, who may be active or former coaches;
    2. Two (2) current superintendents of school districts that have high school athletic programs;
    3. Two (2) current high school principals;
    4. Two (2) former players, who participated in at least one (1) state tournament;
    5. Two (2) athletic directors, active or former;
    6. Two (2) former members of the board of control of the high school athletic association designated by the state board to govern interscholastic athletics;
    7. Two (2) active referees;
    8. Two (2) citizen members; and
    9. Two (2) members of the General Assembly, one (1) appointed by the Senate President and one (1) appointed by the Speaker of the House.
  3. Representation appointed to the committee pursuant to subsection (2)(f) and (i) of this section may be based on gender equity if female candidates are available.
  4. The committee shall meet as needed during the 2002-2003 school year and make recommendations to the board of control of the athletics association prior to the scheduling of the high school tournaments for the 2003-2004 school year. The report shall also be presented to the Interim Joint Committee on Education.

History. Enact. Acts 2002, ch. 212, § 1, effective July 15, 2002.

Professional Practices Commission

156.510. Professional Practices Commission — Nomination and appointment. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 123, § 1) was repealed by Acts 1978, ch. 18, § 1, effective June 17, 1978.

156.520. Membership. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 123, § 2) was repealed by Acts 1978, ch. 18, § 1, effective June 17, 1978.

156.530. Responsibilities. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 123, § 3) was repealed by Acts 1978, ch. 18, § 1, effective June 17, 1978.

156.540. Powers — Recommendations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 123, § 4) was repealed by Acts 1978, ch. 18, § 1, effective June 17, 1978.

156.550. Financing. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 123, § 5) was repealed by Acts 1978, ch. 18, § 1, effective June 17, 1978.

Professional Development for School Personnel

156.551. Definitions for KRS 156.551 to 156.555.

As used in KRS 156.551 to 156.555 , unless the context requires otherwise:

  1. “Center” means the Center for Middle School Academic Achievement;
  2. “Fund” means the Teachers’ Professional Growth Fund;
  3. “Middle school” means grades five (5) through eight (8), regardless of school or district configuration; and
  4. “Reliable, replicable research” means objective, valid, scientific studies that:
    1. Include rigorously defined samples of subjects that are sufficiently large and representative to support the general conclusions drawn;
    2. Rely on measurements that meet established standards of reliability and validity;
    3. Test competing theories, where multiple theories exist; and
    4. Are subjected to peer review before results are published.

History. Enact. Acts 2000, ch. 527, § 1, effective July 14, 2000.

156.553. Teachers’ professional growth fund — Purposes — Courses — Duties of Department of Education — Professional development programs — Administrative regulations — Advancement by local boards of funds to teachers for professional development education — Reimbursement — Priority for use of funds from 2010 to 2016.

  1. The teachers’ professional growth fund is hereby created to provide teachers with high quality professional development in content knowledge in mathematics, reading, science, language arts, social studies, arts and humanities, practical living, vocational studies, and foreign languages; classroom-based screening, diagnostic, assessment, and intervention strategies; and teaching methodologies, including professional development that may lead to additional certification endorsements or renewal of certification. Based on available funds, student achievement data, and teacher data, the Kentucky Board of Education shall annually determine the priority for content emphasis based on the greatest needs.
    1. The fund may provide moneys to teachers for: (2) (a) The fund may provide moneys to teachers for:
      1. Tuition reimbursement for successful completion of college or university level courses, including on-line courses and seminars, approved for this purpose by the Education Professional Standards Board;
      2. Stipends for participation in and successful completion of:
        1. College or university courses, including on-line courses and seminars, approved for this purpose by the Education Professional Standards Board;
        2. Teacher institutes developed for core content instructors by the Department of Education in compliance with KRS 156.095 ; and
        3. Other professional development programs approved by the Kentucky Department of Education, including professional development for teachers participating in grants awarded by the Middle School Mathematics and Science Scholars Program established under KRS 158.848 ;
      3. Reimbursement for the purchase of materials required for professional development programs; and
      4. Reimbursement for other approved professional development activities throughout the school year, including reimbursement for:
        1. Travel to and from professional development workshops; and
        2. Travel to and from other schools for the observation of, and consultation with, peer mentors; or
    2. The fund may be used to provide grants to local school districts to support staff participation in specific, statewide initiatives for the professional development of teachers and administrators in specific content areas as established by the Kentucky Department of Education and the Kentucky Board of Education under the provisions of subsections (4), (5), and (6) of this section and referenced in KRS 158.842 .
    3. The fund may be used to provide grants to colleges and universities to plan and develop statewide professional development institutes and other professional development services.
    4. The fund may be used to provide grants to local school districts, to colleges and universities, or other entities to assist the Kentucky Department of Education in evaluating costs and the effectiveness of activities and initiatives established under this section.
  2. The Education Professional Standards Board shall determine the college and university courses, including on-line courses and seminars, for which teachers may receive reimbursement from the fund.
  3. The Department of Education shall:
    1. Administer the fund. In order to process reimbursements to teachers promptly, the reimbursements shall not be subject to KRS 45A.690 to 45A.725 ;
    2. Determine the professional development programs for which teachers may receive reimbursement, or districts or colleges and universities may receive grants, from the fund;
    3. Determine the level of stipend or reimbursement, subject to the availability of appropriated funds, for particular courses and programs, under subsection (2) of this section; and
    4. Provide an accounting of fund expenditures and results of the use of the funds for each biennium to the Interim Joint Committee on Education by November 1 of each odd-numbered year.
  4. The professional development programs approved by the Department of Education for which teachers may receive support from the fund shall:
    1. Focus on improving the content knowledge of teachers;
    2. Provide training in the use of research-based and developmentally appropriate classroom-based screening, diagnostic, assessment, and intervention strategies;
    3. Provide instruction on teaching methods to effectively impart content knowledge to all students;
    4. Include intensive training institutes and workshops during the summer;
    5. Provide programs for the ongoing support of teacher participants throughout the year, which may include:
      1. A peer coaching or mentoring, and assessment program; and
      2. Planned activities, including:
        1. Follow-up workshops; and
        2. Support networks of teachers of the core disciplines using technologies, including but not limited to telephone, video, and on-line computer networks;
    6. Provide teacher participants with professional development credit toward renewal of certification under the provisions of KRS 161.095 , relating to continuing education for teachers; and
    7. Provide teacher participants with the opportunity to obtain certificate endorsements or extensions in critical shortage areas, with priority given to mathematics and science through 2016, and in core content areas to their existing certifications through the TC-HQ process, established by the Education Professional Standards Board to meet the requirements of the No Child Left Behind Act of 2001, 20 U.S.C. sec. 6301 et seq.
  5. The Kentucky Board of Education shall specify through promulgation of administrative regulations:
    1. The application and approval process for receipt of funds;
    2. The requirements and process for the disbursal of funds; and
    3. The number of each kind of approved course for which applicants may receive funds.
  6. Notwithstanding any other provisions to the contrary, a local school board may advance the funds necessary for its teachers to participate in a college course or professional development seminar or activity approved by the Kentucky Department of Education and the Education Professional Standards Board under provisions of this section and receive reimbursement from the department at the conclusion of the activity or course by the teacher. If funds are advanced for the benefit of a teacher under this subsection, but the teacher does not fulfill his or her obligation, the teacher shall reimburse the school district for the funds expended by the district on the teacher’s behalf.
  7. Notwithstanding the provisions of KRS 45.229 , unexpended funds in the teachers’ professional growth fund in the 2000-2001 fiscal year or in any subsequent fiscal year shall not lapse but shall carry forward to the next fiscal year and shall be used for the purposes established in subsections (1) and (2) of this section.
  8. Notwithstanding any provisions of this section to the contrary, beginning June 1, 2006, through the 2009-2010 school year, priority for the use of funds from the teachers’ professional growth fund shall be used to train and support teams of teachers from all school levels to be trained as reading coaches and mentors or as mathematics coaches and mentors in statewide institutes referenced in KRS 158.840 and 158.842 , and for selected teachers to be highly trained in providing diagnostic assessment and intervention services for students in the primary program struggling with mathematics.
    1. The design of the statewide mathematics institutes to train mathematics coaches and mentors shall be developed by the Committee for Mathematics Achievement established in KRS 158.842 . The committee shall provide recommendations to the Kentucky Department of Education and the Kentucky Board of Education in the preparation of administrative regulations that may be promulgated by the board to implement the provisions of this subsection relating to mathematics.
    2. The design of the professional development program to provide highly trained mathematics intervention teachers in the primary program shall be developed by the Center for Mathematics in collaboration with public and private institutions of postsecondary education.
    3. The development of the statewide program to train reading coaches and mentors shall be coordinated by the Kentucky Department of Education with recommendations from the Collaborative Center for Literacy Development, established in KRS 164.0207 , and the reading steering committee established in KRS 158.794 . The design of the program shall reflect a consensus of the agencies involved in the development of the program. The training program for reading coaches and mentors shall complement other statewide reading initiatives, funded with state and federal funds, and shall give priority to teachers in grades four (4) through twelve (12). The program shall be implemented no later than June 1, 2006. The board shall promulgate administrative regulations required to implement the provisions of this subsection relating to reading.
  9. Notwithstanding any provision of this section to the contrary, beginning June 1, 2010, through the 2015-2016 school year, priority for the use of funds from the teachers’ professional growth fund shall be for the purpose of increasing the number of certified teachers with extensions or endorsements in mathematics and science as described in subsection (5)(g) of this section.

History. Enact. Acts 2000, ch. 527, § 2, effective July 14, 2000; 2001, ch. 135, § 1, effective June 21, 2001; 2002, ch. 135, § 4, effective April 2, 2002; 2005, ch. 164, § 5, effective March 18, 2005; 2008, ch. 134, § 13, effective July 15, 2008; 2008, ch. 185, § 2, effective April 24, 2008.

Legislative Research Commission Notes.

(7/15/2008). This section was amended by 2008 Ky. Acts chs. 134 and 185, which do not appear to be in conflict and have been codified together.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

156.555. Center for Middle School Academic Achievement — Duties — Location at college or university.

  1. The Center for Middle School Academic Achievement is created to improve the content knowledge and instructional practice of middle school teachers through the coordination of professional development programs for middle school teachers, the provision of technical assistance to schools and teachers, and the collection and dissemination of information and research regarding effective models of teaching the core disciplines to middle school students.
  2. The center shall:
    1. Foster collaboration between the center, the Department of Education, the Education Professional Standards Board, postsecondary institutions of education, postsecondary departments or colleges of arts and sciences, and other entities to develop content-based teacher preparation programs and ongoing professional development programs for middle school teachers, aligned with the Department of Education’s core content for assessment;
    2. Assist school districts in assessing and addressing their needs and deficiencies in middle school curriculum and instruction;
    3. Assist grant recipients of the Middle School Mathematics and Science Scholars Program established under KRS 158.848 with professional development for participating teachers;
    4. Assist middle school teachers in establishing and maintaining networks of communication to share information regarding middle school instructional practice, curriculum development, and other areas of common interest, building upon existing networks;
    5. Develop and maintain a clearinghouse for information about:
      1. Educational models addressing content knowledge and skills of middle school students, based on reliable, replicable research;
      2. Core content achievement levels of Kentucky students in relation to students in other states and other countries; and
      3. The relationship between student achievement levels and curriculum content, curriculum structure and alignment with content, teacher training, and teaching methods;
    6. Develop and implement a research structure, in collaboration with the Department of Education, to evaluate the effectiveness of different middle school instructional models; and
    7. Submit an annual report to the Governor and the Legislative Research Commission by September 1 of each year. The report shall include information outlining the center’s activities, information provided by the Kentucky Department of Education regarding the use of money from the Teachers’ Professional Growth Fund, and other information regarding efforts to improve the quality of middle school instruction in Kentucky.
  3. With the advice of the commissioner of education and the Education Professional Standards Board, the Council on Postsecondary Education shall develop a process to solicit, review, and approve a proposal for locating the Center for Middle School Academic Achievement at a public or private college or university. The council shall choose a college or university that has demonstrated the coordination of course delivery between the faculties of the college of education and arts and sciences departments within the college or university. The council shall approve the location for the center no later than November 15, 2000.

History. Enact. Acts 2000, ch. 527, § 3, effective July 14, 2000; 2008, ch. 134, § 14, effective July 15, 2008.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

156.557. Definitions — Statewide framework for teaching — District personnel evaluation system — Summative evaluations — Appeals — Prohibition against disclosure of confidential information — Limits on reporting of evaluation results.

  1. As used in this section:
    1. “Formative evaluation” means a continuous cycle of collecting evaluation information and providing feedback with suggestions regarding the certified employee’s professional growth and performance; and
    2. “Summative evaluation” means the summary of, and conclusions from, the evaluation data, including formative evaluation data that:
      1. Occur at the end of an evaluation cycle; and
      2. Include a conference between the evaluator and the evaluated certified employee and a written evaluation report.
  2. The Kentucky Department of Education, in consultation with the Kentucky teacher and principal steering committees and other groups deemed appropriate by the commissioner of education, shall develop a statewide framework for teaching that shall promote the continuous professional growth and development of skills needed to be a highly effective teacher or a highly effective administrator in a school or district.
  3. Each district shall develop and implement a personnel evaluation system aligned with the statewide framework for teaching established in subsection (2) of this section that shall
    1. Use multiple measures of effectiveness
    2. Include both formative and summative evaluation components;
    3. Measure professional effectiveness;
    4. Support professional growth;
    5. Have at least four (4) performance levels;
    6. Be used to inform personnel decisions;
    7. Be considerate of the time requirements of evaluators at the local level and shall not require that all certified school personnel have a formal summative evaluation each year; and
    8. Rate teachers or administrators by multiple measures instead of a single measure.
  4. The performance criteria by which teachers and administrators shall be evaluated shall include but not be limited to:
    1. Performance of professional responsibilities related to his or her assignment, including attendance and punctuality and evaluating results;
    2. Demonstration of effective planning of curricula, classroom instruction, and classroom management, based on research-based instructional practices, or school management skills based on validated managerial practices;
    3. Demonstration of knowledge and understanding of subject matter content or administrative functions and effective leadership techniques;
    4. Promotion and incorporation of instructional strategies or management techniques that are fair and respect diversity and individual differences;
    5. Demonstration of effective interpersonal, communication, and collaboration skills among peers, students, parents, and others;
    6. Performance of duties consistent with the goals for Kentucky students and mission of the school, the local community, laws, and administrative regulations;
    7. Demonstration of the effective use of resources, including technology;
    8. Demonstration of professional growth;
    9. Adherence to the professional code of ethics; and
    10. Attainment of the teacher standards or the administrator standards as established by the Education Professional Standards Board that are not referenced in paragraphs (a) to (i) of this subsection.
  5. The following provisions shall apply to each school district’s personnel evaluation system:
    1. Certified school personnel, below the level of superintendent, shall be evaluated
    2. The evaluation system shall include formative evaluation and summative evaluation components; and
    3. The Kentucky Board of Education shall adopt administrative regulations incorporating written guidelines for a local school district to follow in implementing the personnel evaluation system and shall require the following:
      1. All evaluations of certified school personnel below the level of the district superintendent shall be in writing on evaluation forms and under evaluation procedures developed by a committee composed of an equal number of teachers and administrators;
      2. The immediate supervisor of the certified school personnel member shall be designated as the primary evaluator. At the request of a teacher, observations by other teachers trained in the teacher’s content area or curriculum content specialists may be incorporated into the formative process for evaluating teachers;
      3. All monitoring or observation of performance of a certified school personnel member shall be conducted openly and with full knowledge of the personnel member;
      4. Evaluators shall be trained, tested, and approved in accordance with administrative regulations adopted by the Kentucky Board of Education in the proper techniques for effectively evaluating certified school personnel. Evaluators shall receive support and resources necessary to ensure consistent and reliable ratings;
      5. The personnel evaluation system shall include a plan whereby the person evaluated is given assistance for professional growth as a teacher or administrator. The system shall also specify the processes to be used when corrective actions are necessary in relation to the performance of one’s assignment;
      6. The system shall require annual summative evaluations for each teacher or other professional who has not attained continuing service status under KRS 161.740 or continuing status under KRS 156.800(7). The system shall require summative evaluations at least once every three (3) years for a teacher or other professional who has attained continuing service status under KRS 161.740 or continuing status under KRS 156.800(7), principals, assistant principals, and other certified administrators; and
      7. The training requirement for evaluators contained in subparagraph 4. of this paragraph shall not apply to district board of education members.
    1. Each superintendent shall be evaluated according to a policy and procedures developed by the local board of education and approved by the department. (6) (a) Each superintendent shall be evaluated according to a policy and procedures developed by the local board of education and approved by the department.
    2. The summative evaluation of the superintendent shall be in writing, discussed and adopted in an open meeting of the board and reflected in the minutes, and made available to the public upon request.
    3. Any preliminary discussions relating to the evaluation of the superintendent by the board or between the board and the superintendent prior to the summative evaluation shall be conducted in closed session.
  6. The Kentucky Board of Education shall establish an appeals procedure for certified school personnel who believe that the local school district failed to properly implement the evaluation system. The appeals procedure shall not involve requests from individual certified school personnel members for review of the judgmental conclusions of their personnel evaluations.
  7. The local board of education shall establish an evaluation appeals panel for certified school personnel that shall consist of two (2) members elected by the certified employees of the local district and one (1) member appointed by the board of education who is a certified employee of the local board of education. Certified school personnel who think they were not fairly evaluated may submit an appeal to the panel for a timely review of their evaluation.
  8. The Kentucky Department of Education may annually provide for on-site visits by trained personnel to review and ensure appropriate implementation of the evaluation system by the local school district. The department shall provide technical assistance to local districts to eliminate deficiencies and to improve the effectiveness of the evaluation system.
  9. The disclosure, pursuant to KRS Chapter 61, of any data or information, including student growth data, that local school districts or the Department of Education collect on individual classroom teachers under this section is prohibited.
  10. The results of evaluations conducted under this section shall not be included in the accountability system described in KRS 158.6455 and no reporting requirements related to these results shall be imposed upon the local school districts by the Department of Education.

History. Enact. Acts 2000, ch. 527, § 4, effective July 14, 2000; 2010, ch. 157, § 1, effective July 15, 2010; 2013, ch. 55, § 1, effective June 25, 2013; 2017 ch. 156, § 1, effective April 10, 2017.

Legislative Research Commission Notes.

(7/15/2010). The internal numbering of subsection (4) of this statute has been modified by the Reviser of Statutes from the way it appeared in 2010 Ky. Acts ch. 157, sec. 1, under the authority of KRS 7.136(1).

NOTES TO UNPUBLISHED DECISIONS

  1. In General.
  2. Judicial Review.
1. In General.

Unpublished Decision: Certified school teacher who received formal teaching evaluations was not entitled to formal evaluations for extra service coaching assignments before a school district could remove him from his basketball coaching position. Bd. of Educ. of Erlanger-Elsmere Sch. Dist. v. Code, 57 S.W.3d 820, 2001 Ky. LEXIS 137 ( Ky. 2001 ).

Unpublished Decision: General Assembly’s delegation of authority in Ky. Rev. Stat. Ann. § 156.557 did not violate the nondelegation doctrine as State Evaluation Appeals Panel (SEAP) was not an administrative agency, and the evaluation process and the SEAP review did not result in an adjudication of a teacher’s legal rights. Travis v. State Evaluation Appeals Panel, 2018 Ky. App. LEXIS 244 (Ky. Ct. App. Sept. 28, 2018), sub. op., 2019 Ky. App. Unpub. LEXIS 331 (Ky. Ct. App. May 10, 2019).

2. Judicial Review.

Unpublished Decision: State Evaluation Appeals Panel (SEAP) was not an administrative agency subject to judicial review where the focus of its review was determining whether the school district failed to properly implement the evaluation system, it could not adjudicate a teacher’s legal rights, duties, privileges, or immunities, and the fact that Ky. Rev. Stat. Ann. § 156.557 contained no provision authorizing judicial review indicated that the General Assembly had not contemplated that SEAP decisions were subject to judicial review. Travis v. State Evaluation Appeals Panel, 2018 Ky. App. LEXIS 244 (Ky. Ct. App. Sept. 28, 2018), sub. op., 2019 Ky. App. Unpub. LEXIS 331 (Ky. Ct. App. May 10, 2019).

156.560. Pilot program for performance-based professional development — Parameters determined by local board — Study and report by Department of Education.

    1. Beginning in the 2018-2019 school year, and continuing until the end of the 2020-2021 school year, a school district may establish a pilot program for teachers to develop and implement a performance-based professional development project, which is designed to produce measurable outcomes of positive impact on student performance. (1) (a) Beginning in the 2018-2019 school year, and continuing until the end of the 2020-2021 school year, a school district may establish a pilot program for teachers to develop and implement a performance-based professional development project, which is designed to produce measurable outcomes of positive impact on student performance.
    2. The pilot program shall require two (2) or more teachers to design an instructional practice or strategy project to address an identified school or district academic or nonacademic classroom problem.
    3. Successful completion of a project under this section shall satisfy up to three (3) days of the requirement to complete four (4) days of professional development under KRS 158.070(3)(a).
    4. A local board of education may award a teacher a stipend for successful completion of a project.
  1. The local board of education shall determine the parameters for the performance-based professional development pilot program, including but not limited to:
    1. A project application process;
    2. Review and approval of project proposals;
    3. Submission of completed project analysis and results;
    4. Evaluation of completed projects;
    5. The awarding of professional development credit, including the amount of the credit and when it will be credited; and
    6. The awarding of a stipend, if applicable.
    1. The Kentucky Department of Education shall study the completed pilot projects for their impact on schools and districts to determine the attributes of quality performance-based professional development and the best practices for measuring its effectiveness. (3) (a) The Kentucky Department of Education shall study the completed pilot projects for their impact on schools and districts to determine the attributes of quality performance-based professional development and the best practices for measuring its effectiveness.
    2. By August 1, 2022, the department shall report its findings and any recommendations for revising professional development policy to the Interim Joint Committee on Education.

HISTORY: 2018 ch. 174, § 1, effective July 14, 2018.

Teacher Education Scholarship Fund

156.610. Teacher education scholarship fund — Board, membership, term, expenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 244, Art. VI, § 1; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1982, ch. 412, § 2, effective July 15, 1982.

156.611. Legislative intent — Student loans for mathematics and science. [Repealed, reenacted, and amended.]

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 412, § 1, effective July 15, 1982; 1985 (1st Ex. Sess.), ch. 10, § 39, effective October 18, 1985) was repealed, reenacted, and amended as KRS 164.768 by Acts 1988, ch. 34, § 1, effective July 15, 1988 and was susequently repealed by Acts 1994, ch. 163, § 3, effective July 15, 1994.

156.613. Legislative intent — Student loans for teacher education. [Repealed and reenacted.]

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 4, effective October 18, 1985) was repealed and reenacted as KRS 164.770 by Acts 1988, ch. 34, § 2, effective July 15, 1988.

156.620. Applications for scholarships — Standards — Examination. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 244, Art. VI, § 2; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1982, ch. 412, § 2, effective July 15, 1982.

156.630. Conditions for awarding scholarships — Requirements — Priority. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 244, Art. VI, § 3; 1974, ch. 308, § 33; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1982, ch. 412, § 2, effective July 15, 1982.

156.640. Conditions of eligibility. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 244, Art. VI, § 4; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1982, ch. 412, § 2, effective July 15, 1982.

156.650. When effective. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 244, Art. VI, § 5) was repealed by Acts 1982, ch. 412, § 2, effective July 15, 1982.

Education Technology

156.660. Definitions.

As used in KRS 156.660 to 156.670 and KRS 168.015 , unless the context indicates otherwise:

  1. “Council” means the Council for Education Technology.
  2. “Technology” includes, but is not limited to, computers, telecommunications, cable television, interactive video, film, low-power television, satellite communications, and microwave communications.

History. Enact. Acts 1990, ch. 476, Pt. I, § 19, effective July 13, 1990.

Research References and Practice Aids

Kentucky Bench & Bar.

Keating, You Get What You Pay For: Financing Public Schools in Kentucky, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 6.

156.665. Council for Education Technology — Development of long-range plan — Other responsibilities. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 476, Pt. I, § 21, effective July 13, 1990; 1992 ch. 415, § 3, effective July 14, 1992) was repealed by Acts 1992, ch. 195, § 15, effective April 3, 1992.

Legislative Research Commission Note.

(7/14/92) This section was amended by the 1992 Regular Session of the General Assembly and also repealed. Pursuant to KRS 446.260 , the repeal prevails.

156.666. Council for Education Technology — Membership — Duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 195, § 8, effective April 3, 1992;1994, ch. 209, § 12, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 1997, (1st Ex. Sess.), ch. 1, § 58, effective May 30, 1997; 2000, ch. 506, § 19, effective July 14, 2000; 2000, ch. 536, § 19, effective July 14, 2000; 2005, ch. 85, § 591, effective June 20, 2005) was repealed by Acts 2006, ch. 211, § 170, effective July 12, 2006.

156.670. Development of master plan for education technology.

  1. The Council for Education Technology shall develop the master plan for education technology and submit the plan to the Kentucky Board of Education and the Legislative Research Commission for approval. Implementation of each stage of the master plan shall begin immediately upon approval of the board and the Legislative Research Commission. The plan shall outline the Commonwealth’s five (5) year activities related to purchasing, developing, and using technology to:
    1. Improve learning and teaching and the ability to meet individual students’ needs to increase student achievement;
    2. Improve curriculum delivery to help meet the needs for educational equity across the state;
    3. Improve delivery of professional development;
    4. Improve the efficiency and productivity of administrators; and
    5. Encourage development by the private sector and acquisition by districts of technologies and applications appropriate for education.
  2. The five (5) year plan shall cover all aspects of education technology, including but not limited to, its use in educational instruction and administration, video and computer systems, software and hardware, multiple delivery systems for satellite, microwave, cable, instructional television fixed service, fiber optic, and computer connections products, the preparation of school buildings for technological readiness, and the development of staff necessary to implement the plan.
  3. The five (5) year plan shall include specific recommendations to the Kentucky Board of Education for the adoption of administrative regulations to establish and implement a uniform and integrated system of standards and guidelines for financial accounting and reporting which shall be used by all school districts.
  4. The integrated technology-based communications system shall provide comprehensive, current, accurate, and accessible information relating to management, finance, operations, instruction, and pupil programs which are under the jurisdiction of the Department of Education.
  5. To facilitate communication among teachers, parents, students, and prospective employers of students, and to provide access to many vital technological services, the five (5) year plan shall include the installation of a telephone in each classroom.
  6. In designing and implementing the five (5) year plan, the council shall consider seeking the active participation of private organizations whose knowledge and assistance will be useful.
  7. The council shall update as necessary the plan developed under subsection (2) of this section and report to the Legislative Research Commission at the completion of each implementation phase of the master plan.
  8. The council shall submit its recommendations to the Kentucky Board of Education, which shall accept the recommendations, or return them to the council along with suggestions for changes to make the recommendations consistent with the policies of the Kentucky Board of Education.

History. Enact. Acts 1990, ch. 476, Pt. I, § 22, effective July 13, 1990; 1992, ch. 195, § 9, effective April 3, 1992; 1996, ch. 362, § 6, effective July 15, 1996.

156.671. Strategic plan for distance learning.

The chief state school officer shall convene the Commissioner of the Department for Information Systems, one (1) representative of Kentucky Educational Television, one (1) representative of the Council on Postsecondary Education, and one (1) representative of the Department of Education to create a strategic plan for distance learning in the Commonwealth and submit it to the Legislative Research Commission by July 1, 1993. The plan shall set forth the Commonwealth’s vision for developing a long-term and statewide distance learning strategy. It shall include, but not be limited to, definitions of the types of distance learning delivery systems, an evaluation process for determining and certifying the educational and cost effectiveness of each type of delivery system, comparisons of the various types of delivery systems, and recommendations for implementation.

History. Enact. Acts 1992, ch. 195, § 14, effective April 3, 1992; 1997 (1st Ex. Sess.), ch. 1, § 59, effective May 30, 1997.

156.675. Prevention of transmission of sexually explicit materials to schools — Administrative regulations — Local school district policy on student Internet access.

  1. The Kentucky Board of Education shall promulgate administrative regulations to prevent sexually explicit material from being transmitted via any video or computer system, software or hardware product, or Internet service managed or provided to local schools or school districts.
  2. Each local school district and school shall utilize the latest available filtering technology to ensure that sexually explicit material is not made available to students.
  3. The Kentucky Department of Education shall make available to school districts and schools upon request and without cost, state-of-the-art software products that enable local districts and schools to prevent access to sexually explicit material. The department shall also notify all school districts and schools of the availability of the software. Any product provided or obtained by a district or school shall meet the requirements of subsection (2) of this section.
  4. Each local school district shall establish a policy regarding student Internet access that shall include, but not be limited to, parental consent for student Internet use, teacher supervision of student computer use, and auditing procedures to determine whether education technology is being used for the purpose of accessing sexually explicit or other objectionable material.

History. Enact. Acts 1998, ch. 330, § 1, effective July 15, 1998.

156.690. Teachers’ computer purchase program.

The Kentucky Board of Education shall initiate a program to assist and encourage each certified teacher to purchase a computer for his own personal use. The program shall include, but not be limited to, the following:

  1. The Kentucky Board of Education shall obtain by competitive bidding or negotiation the lowest possible purchase prices for various personal computers on behalf of all interested teachers.
  2. The Kentucky Board of Education shall arrange a suitable training program in the use of these computers with the vendor awarded the contract.

History. Enact. Acts 1990, ch. 476, Pt. I, § 23, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Compact for Education

156.710. Interstate Compact for Education.

The compact for education is hereby entered into law with all jurisdictions legally joining therein, in the form substantially as follows:

History. Enact. Acts 1968, ch. 125, § 1; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 373, effective July 13, 1990.

Article I. Purpose and Policy

  1. It is the purpose of this compact to:
    1. Establish and maintain close cooperation and understanding among executive, legislative, professional educational and lay leadership on a nationwide basis at the state and local levels.
    2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.
    3. Provide a clearing house of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.
    4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.
  2. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.
  3. The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.

Article II. State Defined

As used in this compact, “state” means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Article III. The Commission

  1. The Education Commission of the States, hereinafter called “the commission,” is hereby established. The commission shall consist of seven members representing each party state. One of such members shall be the Governor; two shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the Governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the commission, six members shall be appointed and serve at the pleasure of the Governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and non-public educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the Governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed ten (10) non-voting commissioners selected by the steering committee for terms of one (1) year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.
  2. The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III J.
  3. The commission shall have a seal.
  4. The commission shall elect annually, from among its members, a chairman, who shall be a governor, a vice chairman and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.
  5. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.
  6. The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.
  7. The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph F of this article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.
  8. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.
  9. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
  10. The commission annually shall make to the Governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.

Article IV. Powers

In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:

  1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources.
  2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems.
  3. Develop proposals for adequate financing of education as a whole and at each of its many levels.
  4. Conduct or participate in research of the types referred to in this article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.
  5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto, available to the appropriate governmental units, agencies and public officials.
  6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.

Article V. Cooperation with Federal Government

  1. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed ten (10) representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the commission.
  2. The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.

Article VI. Committees

  1. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of thirty-two (32) members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One-fourth (1/4) of the voting membership of the steering committee shall consist of Governors, one-fourth (1/4) shall consist of legislators, and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two (2) years, except that members elected to the first steering committee of the commission shall be elected as follows: sixteen (16) for one (1) year and sixteen (16) for two (2) years. The chairman, vice chairman, and treasurer of the commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regular ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two (2) terms as a member of the steering committee; provided that service for a partial term of one (1) year or less shall not be counted toward the two (2) term limitation.
  2. The commission may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two (2) or more of the party states.
  3. The commission may establish such additional committees as its bylaws may provide.

Article VII. Finance

  1. The commission shall advise the Governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commission’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.
  2. The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.
  3. The commission shall not pledge the credit of any party states. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III G of this compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to Article III G thereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
  4. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.
  5. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.
  6. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

Article VIII. Eligible Parties — Entry into and Withdrawal

  1. This compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a Governor, the term “Governor,” as used in this compact, shall mean the closest equivalent official of such jurisdiction.
  2. Any state or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same: Provided that in order to enter into initial effect, adoption by at least ten (10) eligible party jurisdictions shall be required.
  3. Adoption of the compact may be either by enactment thereof or by adherence thereto by the Governor; provided that in the absence of enactment, adherence by the Governor shall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact through gubernatorial action, the Governor shall appoint those persons who, in addition to himself, shall serve as the members of the commission from his state, and shall provide to the commission an equitable share of the financial support of the commission from any source available to him.
  4. Except for a withdrawal effective on December 31, 1967 in accordance with paragraph C of this article, any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Article IX. Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 125, § 1) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 373, effective July 13, 1990.

156.715. Kentucky members of interstate commission.

The Kentucky representation on the commission provided by Article III of the compact consists of seven (7) members, one (1) of whom shall be the Governor; two (2) of whom shall be members of the General Assembly, a representative and a senator, selected by the Legislative Research Commission in accordance with KRS 8.080 ; and four (4) of whom shall be appointed by and serve at the pleasure of the Governor.

History. Enact. Acts 1968, Ch. 125, § 2; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 374, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1968, Ch. 125, § 2) was repealed and reenacted by Acts 1976, ch. 476, Pt. V, § 374, effective July 13, 1990.

156.720. Bylaws, where filed.

Pursuant to Article III(I.) of the compact, the commission established by the compact shall file a copy of its bylaws and any amendment thereto with the Legislative Research Commission.

History. Enact. Acts 1968, Ch. 125, § 3; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 375, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1968, Ch. 125, § 3) was repealed and reenacted by Acts 1976, ch. 476, Pt. V, § 375, effective July 13, 1990.

Interstate Compact on Educational Opportunity for Military Children

156.730. Interstate Compact on Educational Opportunity for Military Children.

ARTICLE I.

Purpose

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

  1. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements;
  2. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment;
  3. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities;
  4. Facilitating the on-time graduation of children of military families;
  5. Providing for promulgation and enforcement of administrative rules implementing the provisions of this compact;
  6. Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact;
  7. Promoting coordination between this compact and other compacts affecting military children; and
  8. Promoting flexibility and cooperation between the educational system, parents, and students in order to achieve educational success for students.

    A. “Active duty” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. secs. 1209 and 1211;

    B. “Children of military families” means a school-aged child or children enrolled in kindergarten through twelfth (12th) grade, in the household of an active duty member;

    C. “Compact commissioner” means the voting representative of each compacting state appointed pursuant to Article VIII of this compact;

    D. “Deployment” means the period of one (1) month prior to a service member’s departure from his or her home station on military orders through six (6) months after return to the home station;

    E. “Educational records” means those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs;

    F. “Extracurricular activities” means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include but are not limited to preparation for and involvement in public performances, contests, athletics competitions, demonstrations, displays, and club activities;

    G. “Interstate Commission on Educational Opportunity for Military Children” means the commission created under Article IX of this compact, which is generally referred to as “Interstate Commission”;

    H. “Local education agency” means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through twelfth (12th) grade public educational institutions;

  9. “Member state” means a state that has enacted this compact;
  10. “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers, and harbor projects, or flood control projects;
  11. “Non-member state” means a state that has not enacted this compact;
  12. “Receiving state” means the state to which a child of a military family is sent, brought, or caused to be sent or brought;
  13. “Rule” means a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets, or prescribes a policy of the compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule;
  14. “Sending state” means the state from which a child of a military family is sent, brought, or caused to be sent or brought;
  15. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. Territory;
  16. “Student” means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through twelfth (12th) grade;
  17. “Transition” means the formal and physical process of transferring from school to school or the period of time in which a student moves from one school in the sending state to another school in the receiving state;
  18. “Uniformed service(s)” means the Army, Navy, Air Force, Marine Corps, and Coast Guard, as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services; and
  19. “Veteran” means a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.

    A. Except as otherwise provided in this section, this compact shall apply to the children of:

    1. Active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. secs. 1209 and 1211;
    2. Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and
    3. Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death.

      B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.

      C. The provisions of this compact shall not apply to the children of:

    4. Other U.S. Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

      A. Unofficial or “hand-carried” educational records: In the event that official educational records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial educational records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

      B. Official educational records/transcripts: Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official educational records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

      C. Immunizations: Compacting states shall give thirty (30) days from the date of enrollment, or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

      D. Kindergarten and first grade entrance age: Students shall be allowed to continue their enrollment at the grade level in the receiving state commensurate with their grade level (including kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

      A. Course placement: When the student transfers before or during the school year, the receiving state shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to Honors, International Baccalaureate, Advance Placement, vocational, technical, and career pathways courses. Continuing the student’s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s).

      B. Educational program placement: The receiving state shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state. Such programs include but are not limited to:

      1. Gifted and talented programs; and

      2. English as a second language (ESL).

      C. Special education services:

      1. In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. sec. 1400 et seq, the receiving state shall initially provide comparable services to a student with disabilities based on his or her current Individualized Education Program (IEP); and

      2. In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. sec. 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. secs. 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

      D. Placement flexibility: Local education agency administrative officials shall have flexibility in waiving course or program prerequisites, or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency.

      E. Absence as related to deployment activities: A student whose parent or legal guardian is an active member of the uniformed services, as defined by this compact, and has been called to active duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.

      A. Eligibility for enrollment:

      1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent;

      2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in the jurisdiction other than that of the custodial parent; and

      3. A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was enrolled while residing with the custodial parent.

      B. Eligibility for extracurricular participation: State and local education agencies shall facilitate the opportunity for transitioning military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

      A. Waiver requirements: Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide alternative means of acquiring required coursework so that graduation may occur on time.

      B. Exit exams - States shall accept:

      1. Exit or end-of-course exams required for graduation from the sending state;

      2. National norm-referenced achievement tests; or

      3. Alternative testing, in lieu of testing requirements for graduation in the receiving state.

      C. Transfers during senior year: Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of diploma from the sending local education agency if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with sections A and B of this Article.

      A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies, and military installations concerning the state’s participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least:

      1. The state superintendent of education;

      2. A superintendent of a school district with a high concentration of military children;

      3. A representative from a military installation;

    5. One representative from the executive branch of government; and
    6. Other offices and stakeholder groups the State Council deems appropriate.

      B. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.

      C. The compact commissioner responsible for the administration and management of the state’s participation in the compact shall be appointed by the Governor or as otherwise determined by each member state.

      D. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the State Council, unless either is already a voting member of the State Council.

      A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.

      B. Consist of one Interstate Commission voting representative from each member state who shall be that state’s compact commissioner.

      1. Each member state represented at a meeting of the Interstate Commission is entitled to a vote.

      2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

      3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting.

      4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

      C. Consist of ex-officio, non-voting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include but not be limited to members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel, and other interstate compacts affecting the education of children of military members.

      D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

      E. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one (1) year term. Members of the executive committee shall be entitled to one (1) vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Department of Defense shall serve as an ex-officio, nonvoting member of the executive committee.

      F. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

      G. Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:

      1. Relate solely to the Interstate Commission’s internal personnel practices and procedures;

      2. Disclose matters specifically exempted from disclosure by federal and state statute;

      3. Disclose trade secrets or commercial or financial information which is privileged or confidential;

      4. Involve accusing a person of a crime, or formally censuring a person;

    7. Specifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding.

      H. Certify, for a meeting or portion of a meeting closed pursuant to this provision, by the Interstate Commission’s legal counsel or designee, that the meeting may be closed and in so doing reference each relevant exemptible provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote or the Interstate Commission.

  20. To provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.

    A. The Interstate Commission shall, by a majority of the members present and voting, within twelve (12) months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including but not limited to:

    1. Establishing the fiscal year of the Interstate Commission;
    2. Establishing an executive committee and such other committees as may be necessary;
    3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;
    4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;
    5. Establishing the titles and responsibilities of the offices and staff of the Interstate Commission;
    6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; and
    7. Providing “start up” rules for initial administration of the compact.

      B. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.

      C. Executive Committee, Officers, and Personnel:

      1. The executive committee shall have authority and duties as may be set forth in the bylaws, including but not limited to:

ARTICLE II.

Definitions

As used in this compact, unless the context clearly requires a different construction:

ARTICLE III.

Applicability

  1. Inactive members of the National Guard and Military Reserves;
  2. Members of the uniformed services now retired, except as provided for in this section;
  3. Veterans of the uniformed services, except as provided for in this section; and
  4. One legislative member each from the General Assembly’s Senate and House of Representatives, to be chosen respectively by the President of the Senate and the Speaker of the House of Representatives. The respective leaders will then forward the names of their chosen members to the Governor. The members shall serve at the pleasure of the President and Speaker;
  5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
  6. Disclose investigative records compiled for law enforcement purposes; or
  7. The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

ARTICLE IV.

Educational Records and Enrollment

ARTICLE V.

Placement and Attendance

This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

ARTICLE VI.

Eligibility

ARTICLE VII.

Graduation

In order to facilitate the on-time graduation of children of military families, state and local education agencies shall incorporate the following procedures:

In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of Article VII, C shall apply.

ARTICLE VIII.

State Coordination

A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.

ARTICLE IX.

Interstate Commission on Educational Opportunity for Military Children

The member states hereby create the “Interstate Commission on Educational Opportunity for Military Children.” The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

  1. Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements. Such methods of data collection, exchange, and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.

    J. Create a process that permits military officials, education officials, and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This subsection shall not be construed to create a private right of action against the Interstate Commission or any member state.

    A. To provide for dispute resolution among member states;

    B. To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact;

    C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions;

    D. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;

    E. To establish and maintain offices which shall be located within one or more of the member states;

    F. To purchase and maintain insurance and bonds;

    G. To borrow, accept, hire, or contract for services of personnel;

    H. To establish and appoint committees including but not limited to an executive committee as required by Article IX, Section E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder;

    I. To elect or appoint such officers, attorneys, employees, agents, or consultants and to fix their compensation, define their duties and determine their qualifications to establish the Interstate Commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;

    J. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of them;

    K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, whether real, personal, or mixed;

    L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed;

    M. To establish a budget and make expenditures;

    N. To adopt a seal and bylaws governing the management and operation of the Interstate Commission;

    O. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission;

    P. To coordinate education, training and public awareness regarding the compact, its implementation, and operation for officials and parents involved in such activity;

    Q. To establish uniform standards for the reporting, collecting, and exchanging of data;

    R. To maintain corporate books and records in accordance with the bylaws;

    S. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact; and

    1. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;
    2. Overseeing an organizational structure within, and appropriate procedures for, the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and
    3. Planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Interstate Commission.

      2. The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.

      D. The Interstate Commission’s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

      1. The liability of the Interstate Commission’s executive director and employees or Interstate Commission representatives, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by intentional or willful and wanton misconduct of such person.

      2. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of the Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

      3. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

      A. Rulemaking Authority: The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.

      B. Rulemaking Procedure: Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.

      C. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority.

      D. If a majority of the legislatures of the compacting states rejects a Rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

      A. Oversight:

      1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

      2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may effect the powers, responsibilities, or actions of the Interstate Commission.

      3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact, or promulgated rules.

      B. Default, Technical Assistance, Suspension, and Termination - If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, the bylaws, or promulgated rules, the Interstate Commission shall:

      1. Provide written notice to the defaulting state and other member states of the nature of default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; and

      2. Provide remedial training and specific technical assistance regarding the default.

      3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

      4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

      5. The state which has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination, including obligations the performance of which extends beyond the effective date of suspension or termination.

      6. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

      C. Dispute Resolution:

      1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states.

      2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

      D. Enforcement:

      1. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

      2. The Interstate Commission may by majority vote of the members initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules, and bylaws against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

      3. The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.

      A. The Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

      B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

      C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states except by and with the authority of the member state.

      D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

      A. Any state is eligible to become a member state.

      B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.

      C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

      A. Withdrawal:

      1. Once effective, the compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.

      2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member state jurisdiction.

      3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt thereof.

      4. The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal.

      5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

      B. Dissolution of Compact:

      1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state.

      2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

      A. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

      B. The provisions of this compact shall be liberally construed to effectuate its purposes.

      C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

      A. Other Laws:

      1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

      2. All member states’ laws conflicting with this compact are superseded to the extent of the conflict.

      B. Binding Effect of the Compact:

      1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.

      2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

ARTICLE X.

Powers and Duties of the Interstate Commission

The Interstate Commission shall have the following powers:

ARTICLE XI.

Organization and Operation of the Interstate Commission

ARTICLE XII.

Rulemaking Functions of the Interstate Commission

ARTICLE XIII.

Oversight, Enforcement, and Dispute Resolution

ARTICLE XIV.

Financing of the Interstate Commission

ARTICLE XV.

Member States, Effective Date, and Amendment

ARTICLE XVI.

Withdrawal and Dissolution

ARTICLE XVII.

Severability and Construction

ARTICLE XVIII.

Binding Effect of Compact and Other Laws

3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

HISTORY: Enact. Acts 2008, ch. 61, § 1, effective July 15, 2008; 2015 ch. 90, § 1, effective June 24, 2015.

Research References and Practice Aids

Northern Kentucky Law Review.

ADA Amendments Issue: Article: Education for Americans with Disabilities: Reconciling IDEA with the 2008 ADA Amendments, 37 N. Ky. L. Rev. 389 (2010).

156.735. Rights of students of civilian military employees same as those afforded in KRS 156.730.

  1. Notwithstanding any other statutes to the contrary, students of civilian military employees shall be afforded the same rights as students of military families under KRS 156.730 if the parents are required to move to perform their job responsibilities resulting in the students having to change schools.
  2. As used in this section, “student” means the child of a civilian military employee for whom the local education agency receives public funding and who is formally enrolled in kindergarten through twelfth grade.

History. Enact. Acts 2009, ch. 31, § 1, effective June 25, 2009.

Interagency Commission on Educational and Job Training Coordination

156.740. Interagency Commission on Educational and Job Training Coordination — Membership.

  1. The Interagency Commission on Educational and Job Training Coordination is hereby created. Its membership shall be composed of the following individuals, serving in an ex officio capacity:
    1. The chairman of the Council on Postsecondary Education;
    2. The president of the Council on Postsecondary Education;
    3. The chairman of the Kentucky Board of Education;
    4. The commissioner of the Department of Education;
    5. The commissioner of the Department of Workforce Investment;
    6. The chairman of the Board for the Kentucky Higher Education Assistance Authority; and
    7. The president of the Kentucky Community and Technical College System.
  2. Members shall serve by virtue of their office. The chairman of the commission shall be chosen annually by a simple majority vote of the members. A quorum for conducting business shall be one-half (1/2) of the members plus one (1). The chair shall rotate annually, so that no person or agency holds the chairmanship in successive years.

History. Enact. Acts 1992, ch. 322, § 1, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 60, effective May 30, 1997; 2003, ch. 29, § 19, effective June 24, 2003; 2006, ch. 211, § 79, effective July 12, 2006.

156.745. Purposes — Responsibilities.

  1. The commission members may decide among themselves those voluntary actions which enhance state efforts to properly educate, train, and reeducate Kentucky’s present and future workforce, to the end that all adult Kentuckians who are willing and able to work are employed within the Commonwealth in good jobs of their choosing.
  2. Specific responsibilities of the commission shall include implementation of:
    1. Programs to provide maximum flexibility for students in transferring from one (1) school or college to another, including changes which minimize or eliminate loss of credit;
    2. Aggressive efforts to expand the Work/Study Scholarship Program available through the Kentucky Higher Education Assistance Authority;
    3. Continuing exploration of cooperation between businesses and state agencies, and businesses and university or vocational school job training programs; and
    4. Scheduling of meetings of the commission, to be held at least three (3) annually, to accomplish these purposes.

History. Enact. Acts 1992, ch. 322, § 2, effective July 14, 1992.

156.749. Administrative expenses — Meetings.

  1. Administrative expenses of the commission will be borne by the respective participating agencies, as a part of each agency’s normal budget for basic operations. In each year, the agency represented by the chairman shall provide any necessary staff support required, including provision of a secretary, whose duties shall include the taking of minutes and distribution thereof. The agency represented by the chairman shall make arrangements for meeting facilities.
  2. All meetings will be held in Frankfort, Kentucky, upon the call of the chairman or a majority vote of the membership. In the initial year, the commissioner of the Department of Workforce Investment shall serve as chairperson.

History. Enact. Acts 1992, ch. 322, § 3, effective July 14, 1992; 2006, ch. 211, § 80, effective July 12, 2006.

156.760. Kentucky on Community Volunteerism and Service. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 310, § 1, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 61, effective May 30, 1997; 1998, ch. 89, § 1, effective July 15, 1998) was repealed, reenacted and amended as KRS 194B.570 by Acts 2000, ch. 203, § 1, effective July 14, 2000.

156.762. Initial membership — Term limits. [Repealed and reenacted.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 310, § 2, effective July 15, 1996) was repealed and reenacted as KRS 194B.572 by Acts 2000, ch. 203, § 2, effective July 14, 2000.

156.764. Purpose of commission. [Repealed and reenacted.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 310, § 3, effective July 15, 1996) was repealed and reenacted as KRS 194B.575 by Acts 2000, ch. 203, § 3, effective July 14, 2000.

156.766. Duties of commission — Authority for administrative regulations. [Repealed and reenacted.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 310, § 4, effective July 15, 1996) was repealed and reenacted as KRS 194B.578 by Acts 2000, ch. 203, § 4, effective July 14, 2000.

Career and Technical Education

156.800. Definitions for KRS 156.800 to 156.860.

As used in KRS 156.800 to 156.860 , unless the context indicates otherwise:

  1. “Appointing authority” means the commissioner of education or any person authorized by the commissioner to act on behalf of the Office of Career and Technical Education with respect to employee appointments, position establishments, payroll documents, reemployment lists, waiver requests, or other position actions. The designation shall be in writing and signed by both the commissioner and the designee;
  2. “Base salary” means the compensation to which an employee is entitled under the salary schedule adopted pursuant to the provisions of KRS 156.808(3)(h);
  3. “Board” means the Kentucky Technical Education Personnel Board established in KRS 156.840 ;
  4. “Certified employees” means those employees who fill school or educational assignments requiring the issuance of a certificate. These employees in the Office of Career and Technical Education are subject to personnel administration under KRS 156.800 to 156.860 ;
  5. “Class” means a group of positions sufficiently similar as to the duties performed, scope of discretion and responsibility, minimum requirements of training, and other characteristics that the same title and the same schedule of compensation have been or may be applied to each position in the group;
  6. “Classified” means status as merit system employees under the provisions of KRS Chapter 18A;
  7. “Continuing status” means the acquisition of tenure with all rights and privileges granted by the provisions of KRS 156.800 to 156.860 which must be preceded by four (4) years of successful employment;
  8. “Demotion” means a change in an employee’s position to another class having less discretion or responsibility;
  9. “Emergency appointment” means employment for a maximum period of sixty (60) days without regard to the certification process for any position in the Office of Career and Technical Education requiring certification or its equivalent;
  10. “Employee” means a person regularly employed in a position in the Office of Career and Technical Education for which compensation is on a full-time or part-time basis;
  11. “Equivalent employees” means those employees with educational backgrounds similar to certified personnel in the administration and conduct of educationally related services. These employees in the Office of Career and Technical Education shall be subject to personnel administration under KRS 156.800 to 156.860 ;
  12. “Hearing officer” means a member of the board, a person hired for this purpose by personal service contract, or an assistant attorney general;
  13. “Index” means the percentage add-on in a salary structure which compensates for the scope of discretion and responsibility of the position;
  14. “Initial probation” means the one (1) year period following initial appointment of certified and equivalent employees under KRS 156.826 which requires special observation and evaluation of a person’s work and which must be passed successfully before eligibility for renewal of limited status;
  15. “Limited status” means employment that is renewable on an annual basis;
  16. “Penalization” means actions including demotion, dismissal, suspension, involuntary transfer, reduction in rank or pay, or the abridgement or denial of rights granted to state employees or other disciplinary actions;
  17. “Position” means employment involving duties requiring the services of one (1) person;
  18. “Promotion” means changing an employee from a position in one (1) class to a position in another class carrying a greater scope of discretion and responsibility;
  19. “Promotional probation” means the twelve (12) month period of service following the promotion of an employee with continuing status which must be successfully completed in order for the employee to remain in the position;
  20. “Reemployment” means the rehiring of an employee with continuing status who has been laid-off;
  21. “Reemployment list” means the separate list of names of persons who have been separated from certified or equivalent positions in the Office of Career and Technical Education by reason of lay-off. Reemployment lists shall be used as provided by the provisions of KRS 156.830 ;
  22. “Reinstatement” means the restoration of a certified or equivalent employee who has resigned in good standing or who has been ordered reinstated by the board or a court to a position in the former class or to a position of like status and pay;
  23. “Seasonal employees” means employees employed in a seasonal position. Seasonal position means a position that is temporary, and which coincides with a particular season or seasons of the year;
  24. “Temporary employee” means an employee appointed to a temporary position. Temporary position means a position that is created for a definite period of time;
  25. “Transfer” means a movement of any certified or equivalent employee from one (1) position to another having the same salary range and the same level of responsibility; and
  26. “Unclassified employee” means any temporary or seasonal employee and any employee in a policymaking position who shall be exempt from the state service under KRS Chapter 18A and who is employed in the Office of Career and Technical Education under KRS 156.800 to 156.860 .

History. Enact. Acts 1990, ch. 470, § 4, effective July 1, 1990; 1992, ch. 417, § 2, effective July 14, 1992; 1994, ch. 363, § 1, effective July 15, 1994; 1994, ch. 469, § 5, effective July 15, 1994; 2000, ch. 526, § 17, effective August 15, 2000; 2003, ch. 29, § 5, effective June 24, 2003; 2006, ch. 211, § 20, effective July 12, 2006; repealed, reenact. and amend., Acts 2013, ch. 59, § 1, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.010 .

156.802. Office of Career and Technical Education — Kentucky Board of Education.

  1. The Office of Career and Technical Education is hereby created within the Department of Education. The office shall consist of those administrative bodies and employees provided by or appointed by the commissioner of education pursuant to KRS 156.010 .
  2. The commissioner of education may appoint an assistant, pursuant to KRS 156.010 , and delegate authority to the assistant regarding the Office of Career and Technical Education.
  3. The Department of Education shall have the responsibility for all administrative functions of the state in relation to the management, control, and operation of state-operated secondary area vocational education and technology centers. When appropriate, the Department of Education shall provide education training programs through contracts with private business and industries. These programs may be on a shared cost basis or on a total cost recovery basis.
  4. The commissioner of education shall have the authority to enter into agreements or contracts with other government or education agencies, including local school districts, in order to carry out services under the office’s jurisdiction.
    1. Secondary area vocational education and technology centers shall be operated in compliance with program standards established by the Kentucky Board of Education. Principals, counselors, and teaching staff shall meet the qualifications and certification standards for all secondary vocational personnel as established by the Education Professional Standards Board. (5) (a) Secondary area vocational education and technology centers shall be operated in compliance with program standards established by the Kentucky Board of Education. Principals, counselors, and teaching staff shall meet the qualifications and certification standards for all secondary vocational personnel as established by the Education Professional Standards Board.
    2. The Kentucky Board of Education shall be the eligible agency solely designated for the purpose of developing and approving state plans required by state or federal laws and regulations as prerequisites to receiving federal funds for vocational-technical or technology education. The Kentucky Board of Education shall involve representatives from all eligible recipient categories in the development of the required plans.
    3. In accordance with 20 U.S.C. sec. 2302(12) , the Kentucky Board of Education is hereby designated to be the “eligible agency” that is the sole state agency responsible for the administration of vocational and technical education and the supervision of the administration of vocational and technical education.
    1. Except for the duties that the Kentucky Board of Education must retain pursuant to 20 U.S.C. sec. 2341 , the Kentucky Board of Education shall be authorized to delegate all of the other duties and responsibilities of the eligible agency to the Office of Career and Technical Education within the Department of Education, including but not limited to the administration, operation, and supervision of the Perkins program and the authority to receive, hold, and disburse funds awarded under the state plan. (6) (a) Except for the duties that the Kentucky Board of Education must retain pursuant to 20 U.S.C. sec. 2341 , the Kentucky Board of Education shall be authorized to delegate all of the other duties and responsibilities of the eligible agency to the Office of Career and Technical Education within the Department of Education, including but not limited to the administration, operation, and supervision of the Perkins program and the authority to receive, hold, and disburse funds awarded under the state plan.
    2. The Kentucky Board of Education shall delegate to the Kentucky Workforce Investment Board the state leadership activities referred to in 20 U.S.C. sec. 2344 to be conducted in accordance with the required and permissible uses of funds specified in the Carl D. Perkins Career and Technical Education Act of 2006 and subsequent amendments thereto. The maximum amount of funds allowed by 20 U.S.C. sec. 2322(a)(2) shall be reserved and made available for state leadership activities.
  5. The commissioner of education shall be permitted to enter into memorandums of agreement with individuals on a year-to-year basis to fill positions in hard-to-find teaching specialties. The agreements and compensation for hard-to-find teaching specialties shall be approved by the commissioner of education and shall not be subject to the provisions of KRS Chapter 45A. All agreements shall be filed with the secretary of the Finance and Administration Cabinet.
  6. The commissioner of education shall, from time to time, prepare or cause to be prepared any bulletins, programs, outlines of courses, placards, and courses of study deemed useful in the promotion of the interests of technical and vocational education.

History. Enact. Acts 1990, ch. 470, § 2, effective July 1, 1990; 1994, ch. 469, § 7, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 44, effective May 30, 1997; 2003, ch. 29, § 7, effective June 24, 2003; 2006, ch. 151, § 1, effective July 12, 2006; 2006, ch. 211, § 22, effective July 12, 2006; 2009, ch. 11, § 14, effective June 25, 2009; repealed, reenact. and amend., Acts 2013, ch. 59, § 3, effective June 25, 2013.

Compiler’s Notes.

The provision referenced as 20 USCS § 2302(9) in (7)(b) above is now found at 20 USCS § 2302(12).

This section was formerly compiled as KRS 151B.025 .

Legislative Research Commission Notes.

(7/12/2006). This section was amended by 2006 Ky. Acts chs. 151 and 211. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 211, which was last enacted by the General Assembly, prevails under KRS 446.250 .

(7/12/2006). 2006 Ky. Acts ch. 211, sec. 171, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in the Act, as it confirms the reorganization of the executive branch and establishment of the Education Cabinet. Such a correction has been made in this section.

156.804. Organizational structure of Office of Career and Technical Education — Ombudsman.

The Office of Career and Technical Education shall have the following organizational structure:

  1. The commissioner of education shall appoint an assistant pursuant to KRS 12.050 and 156.010 and assign duties as appropriate;
  2. The appointing authority shall appoint an ombudsman pursuant to KRS 12.050 and specify his or her functions and duties; and
  3. The Kentucky Technical Education Personnel Board, pursuant to KRS 156.840 , shall be attached to the Department of Education for administrative purposes.

History. Enact. Acts 1990, ch. 470, § 3, effective July 1, 1990; 1994, ch. 469, § 8, effective July 15, 1994; 1997 (1st Ex. Sess.), ch. 1, § 45, effective May 30, 1997; 2000, ch. 33, § 1, effective July 14, 2000; 2003, ch. 29, § 8, effective June 24, 2003; 2006, ch. 211, § 23, effective July 12, 2006; 2009, ch. 11, § 15, effective June 25, 2009; repealed, reenact. and amend., 2013, ch. 59, § 6, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.030 .

156.806. Career and Technical Education Advisory Committee — Purpose — Members.

  1. The commissioner of education shall establish and appoint members to a Career and Technical Education Advisory Committee to advise the Department of Education on the development of a robust and effective career and technical education program.
  2. The committee shall include representatives of business, industry, and the Kentucky Community and Technical College System; the commissioner of the Department of Workforce Investment; and any other individuals deemed appropriate by the commissioner of education.

History. Enact. Acts 2013, ch. 59, § 2, effective June 25, 2013.

156.808. Personnel of Office of Career and Technical Education — Administrative regulations — Appeals to Kentucky Technical Education Personnel Board.

  1. The Kentucky Board of Education shall promulgate, by administrative regulations, personnel policies and procedures for all full-time and part-time unclassified employees, certified and equivalent staff, including administrative, teaching, and supervisory staff in the Office of Career and Technical Education central office and state-operated vocational facilities. All other staff shall remain under the authority of the Kentucky Personnel Cabinet and KRS Chapter 18A. Employees who transfer to or from the KRS Chapter 18A personnel system shall transfer accrued annual, compensatory, and sick leave.
  2. As provided in KRS 156.800 to 156.860 , the Kentucky Board of Education shall promulgate administrative regulations for the administration of a personnel system in the Office of Career and Technical Education which are consistent with the provisions of KRS 156.800 to 156.860 and with federal standards for state government agencies receiving federal grants.
  3. The Kentucky Board of Education shall promulgate administrative regulations for full-time and part-time certified and equivalent staff governing:
    1. Establishment and abolishment of positions, including a prohibition against eliminating funding for or abolishment of a teaching position at a state-operated secondary area vocational education and technology center during a school year in which students are enrolled in the program;
    2. Applications;
    3. Classification and compensation plans;
    4. Incentive programs;
    5. Selection of employees;
    6. Types of appointments;
    7. Attendance, including hours of work, compensatory time, and annual, court, military, sick, voting, and special leaves of absence;
    8. Preparation, maintenance, and revision of a position classification plan and an equitable salary schedule for certified and equivalent staff based on qualifications, experience, and responsibilities;
    9. Extent and duration of the state-operated area vocational education and technology centers’ school term, use of school days, and extended employment;
    10. Employee evaluations;
    11. Programs to improve the work effectiveness of employees including staff development;
    12. Demotion;
    13. Dismissal;
    14. Lay-offs;
    15. Suspensions and other disciplinary measures;
    16. Probationary periods, limited employment status, and continuing employment status;
    17. Promotion;
    18. Transfer;
    19. Appeals; and
    20. Employee grievances and complaints.
    1. Administrative regulations promulgated by the Kentucky Board of Education shall comply with the provisions of KRS 156.800 to 156.860 and KRS Chapter 13A and shall have the force and effect of law. (4) (a) Administrative regulations promulgated by the Kentucky Board of Education shall comply with the provisions of KRS 156.800 to 156.860 and KRS Chapter 13A and shall have the force and effect of law.
    2. Administrative regulations promulgated by the Kentucky Board of Education shall not expand or restrict rights granted to, or duties imposed upon, employees and administrative bodies by the provisions of KRS 156.800 to 156.860.
    3. No administrative body other than the Kentucky Board of Education shall promulgate administrative regulations governing the subject matters specified in this section.
    4. Policies and procedures for the implementation of administrative regulations shall be developed by the Department of Education.
  4. The commissioner of education shall be the appointing authority with respect to all personnel actions for the Office of Career and Technical Education. The commissioner may authorize a designee to act on behalf of the agency with respect to employee appointments, position establishments, payroll documents, reemployment lists, waiver requests, or other position actions. Any personnel designation shall be in writing. Authority to employ personnel may be delegated to the vocational school management by the commissioner. Any recommendation for employment from the local level shall be based on guidelines promulgated by the commissioner of education and shall be contingent upon confirmation by the commissioner of education.
  5. The Kentucky Board of Education shall promulgate other administrative regulations to govern proceedings which relate to certified and equivalent employees and which shall provide for:
    1. The procedures to be utilized by the Kentucky Technical Education Personnel Board in the conduct of hearings, consistent with KRS Chapter 13B;
    2. Discharge, as provided by this section;
    3. Imposition, as a disciplinary measure, of a suspension from service without pay for up to thirty (30) working days and, in accordance with the provisions of KRS 156.820 , for the manner of notification of the employee of the discipline and right of appeal;
    4. Promotions which shall give appropriate consideration to the applicant’s qualifications, record of performance, and conduct;
    5. Supplementary information for the salary schedule for certified and equivalent staff including teachers, counselors, administrators, managers, and educational consultants in state-operated vocational technical facilities, field offices, and central office in the Office of Career and Technical Education that shall provide uniformity, recognition of education, teaching, and supervisory experience and use as a base the average salary paid to beginning classroom teachers by all public schools in the state for personnel with comparable qualifications and experience. Indexes may be incorporated in the compensation plan for administrative responsibilities. The salary schedule shall be computed annually, and shall be submitted to and approved by the Governor;
    6. Reemployment of laid-off employees in accordance with the provisions of KRS 156.800 to 156.860 ;
    7. Establishment of a plan for resolving employee grievances and complaints. The plan shall not restrict rights granted employees by the provisions of KRS 156.800 to 156.860 ; and
    8. Any other administrative regulations not inconsistent with this chapter and KRS Chapter 13A proper and necessary for its enforcement.
  6. The Department of Education shall make investigations, either on petition of a citizen, taxpayer, interested party, or as deemed necessary by the commissioner, concerning the enforcement and effect of KRS 156.808 , 156.810 , 156.812 , 156.814 , 156.816 , 156.818 , 156.820 , 156.822 , 156.824 , 156.826 , 156.828 , 156.830 , 156.832 , 156.834 , 156.836 , and 156.838 , shall require observance of the provisions and the administrative regulations promulgated pursuant to the provisions of KRS 156.800 to 156.860 and KRS Chapter 13A, and shall make investigation as requested by the General Assembly or the Governor and to report thereon.
  7. The Kentucky Board of Education shall promulgate administrative regulations, pursuant to KRS Chapter 13A, for an appeal system for aggrieved certified or equivalent employees.
  8. The Kentucky Technical Education Personnel Board shall hear appeals from applicants for positions or from certified, equivalent, and unclassified employees who have been dismissed, demoted, suspended, or otherwise penalized for cause. Effective August 15, 2000, appeals from assistants and secretaries in the Office of Career and Technical Education attached to policymaking positions shall be governed by KRS 18A.095 . The State Personnel Board, established in KRS 18A.045 , shall hear appeals that are pending as of August 15, 2000, from assistants and secretaries attached to policymaking positions in the Office of Career and Technical Education.
  9. The Kentucky Technical Education Personnel Board may, any statute to the contrary notwithstanding, delegate the conduct of the hearing and the rendition of a recommended order to the full board, to a panel of the board, or to a hearing officer, relative to any hearing appeal, or decision, judicial or quasi-judicial in nature, which the board is empowered or directed, by KRS 156.800 to 156.860 or any other chapter, to conduct, hear, or make; provided, however, that the full board as provided by statute, makes the final order, based upon the evidence submitted.
  10. The Kentucky Board of Education shall promulgate administrative regulations, pursuant to KRS Chapter 13A, governing the unclassified service including the preparation and maintenance of a salary schedule and other administrative regulations authorized by KRS 156.800 to 156.860 .
  11. The annual percentage salary increment for all certified and equivalent employees subject to the personnel system established under KRS 156.800 to 156.860 shall be at least equal to that funded and provided for other elementary and secondary teachers.
  12. The positions of employees who are transferred, effective July 1, 1998, from the former Cabinet for Workforce Development to the Kentucky Community and Technical College System shall be abolished and the employees’ names removed from the roster of state employees. Employees who are transferred, effective July 1, 1998, to the Kentucky Community and Technical College System under KRS Chapter 164 shall have the same benefits and rights as they had under KRS Chapter 18A and have under KRS 164.5805 ; however, they shall have no guaranteed reemployment rights in KRS 156.800 to 156.860 or KRS Chapter 18A personnel systems. An employee who seeks reemployment in a state position under KRS 156.800 to 156.860 or KRS Chapter 18A shall have years of service in the Kentucky Community and Technical College System counted toward years of experience for calculating benefits and compensation.

History. Enact. Acts 1990, ch. 470, § 5, effective July 1, 1990; 1992, ch. 417, § 3, effective July 14, 1992; 1994, ch. 363, § 2, effective July 15, 1994; 1994, ch. 469, § 9, effective July 15, 1994; 1996, ch. 318, § 41, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 46, effective May 30, 1997; 1998, ch. 154, § 78, effective July 15, 1998; 2000, ch. 526, § 18, effective August 15, 2000; 2003, ch. 29, § 9, effective June 24, 2003; 2006, ch. 211, § 24, effective July 12, 2006; repealed, reenact. and amend., 2013, ch. 59, § 7, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.035 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. IV, 3 at 938.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (17) at 1062.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. IV, 2 at 1134.

156.810. Posting of full-time vacancies.

All full-time vacancies shall be posted in all schools and offices ten (10) days prior to filling a certified or equivalent position in the classified section of the personnel system contained in KRS 156.800 to 156.860 .

History. Enact. Acts 1994, ch. 475, § 6, effective July 15, 1994; repealed, reenact. and amend., 2013, ch. 59, § 8, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.037 .

156.812. Employee benefits.

  1. All certified, equivalent, and unclassified employees in the Office of Career and Technical Education shall be:
    1. Provided the same health insurance coverage as all other state government employees provided in KRS 18A.225 ;
    2. Eligible to participate in the deferred compensation system provided for all state government employees by KRS 18A.250 to 18A.265 ;
    3. Provided the same life insurance coverage provided all state employees pursuant to KRS 18A.205 to 18A.215 ;
    4. Reimbursed for all reasonable and necessary travel expenses and disbursements incurred or made pursuant to KRS 45.101 in the performance of their official duties; no part of the reimbursement shall be included in or accounted as a part of their salaries;
    5. Ensured equal employment opportunity regardless of race, color, religion, national origin, disability, sex, or age; and
    6. Given those holidays and rights granted state employees pursuant to KRS 18A.190 .
  2. Employees under the jurisdiction of the former Department for Technical Education who are members of a state retirement system as of June 30, 1990, shall remain in their respective retirement systems. All new certified and equivalent employees hired by the office shall be placed in the Kentucky Teachers’ Retirement System.

History. Enact. Acts 1990, ch. 470, § 6, effective July 1, 1990; 1994, ch. 405, § 17, effective July 15, 1994; 1994, ch. 469, § 10, effective July 15, 1994; 2000, ch. 526, § 19, effective August 15, 2000; 2006, ch. 211, § 25, effective July 12, 2006; repealed and reenact., Acts 2013, ch. 59, § 9, effective June 25, 2013.

Compiler's Notes.

This section was formerly compiled as KRS 151B.040 .

Research References and Practice Aids

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (17) at 1062.

156.814. Personnel files.

  1. The records of the Office of Career and Technical Education shall be public records and shall be open to public inspection, as provided in KRS 61.870 to 61.884 .
    1. A personnel file shall be maintained by the Department of Education for each employee. The files maintained by the Department of Education shall be the official personnel file for the employees. (2) (a) A personnel file shall be maintained by the Department of Education for each employee. The files maintained by the Department of Education shall be the official personnel file for the employees.
    2. Each file shall include but not be limited to the employee’s name, address, title of positions held, classifications, rates of compensation, and all changes in status, including evaluations, promotions, demotions, lay-offs, transfers, disciplinary actions, commendations, and awards. Each file shall contain the complete record and supporting documentation for each personnel action.
    3. When an employee is reprimanded for misconduct, other infraction, or failure to perform duties in a proper or adequate manner, the supervising employee taking the action shall document the action in detail, and shall provide the employee with a copy of the documentation. The supervising employee shall inform the employee of his or her right to prepare a written response to the action taken after the employee has reviewed the written documentation prepared by the supervising employee. The employee’s response shall be attached to the documentation prepared by the supervising employee. The supervising employee shall place a copy of the documentation and response in the employee’s personnel file and shall transmit a copy to be placed in the central office personnel file of the employee. The supervising employee shall notify the employee that copies of the documentation and the response provided for in this subsection have been placed in the employee’s personnel files.
  2. Upon written request, an employee shall have the right to examine his or her personnel file. An employee may comment in writing on any item in the file. The comments shall be made a part of the file and shall be attached to the specific record or document to which they pertain.
  3. No public agency, as defined by KRS 61.870 , and no officer or employee shall deny, abridge, or impede the exercise of the rights granted in any manner by this section and by KRS 61.878 .

History. Enact. Acts 1990, ch. 470, § 7, effective July 1, 1990; 1994, ch. 469, § 11, effective July 15, 1994; 2000, ch. 526, § 20, effective August 15, 2000; 2006, ch. 211, § 26, effective July 12, 2006; 2009, ch. 11, § 16, effective June 25, 2009; repealed, reenact. and amend., Acts 2013, ch. 59, § 10, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.045 .

Research References and Practice Aids

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (17) at 1062.

156.816. Grounds for refusal to consider or to disqualify an applicant for, or to remove a person from, a certified or equivalent position.

Except as provided by the provisions of KRS 156.800 to 156.860 , the appointing authority or designee for the Office of Career and Technical Education may refuse to consider an applicant for a certified or equivalent position or, after consideration, may disqualify the applicant or may remove an employee already appointed if:

  1. It is found that the person did not maintain certification or that certification has been revoked for the position;
  2. The person is unable to perform the duties of the position;
  3. The person made a false statement of material fact in the application;
  4. The application was not submitted correctly or within the prescribed time limits;
  5. The person has been convicted of a felony within the preceding five (5) years and has not had civil rights restored or has not been pardoned by the Governor;
  6. The person has been convicted of a job related misdemeanor, except that convictions for violations of traffic regulations shall not constitute grounds for disqualification;
  7. The person has previously been dismissed from a position in his department for cause or has resigned while charges for dismissal for cause of which the person had knowledge were pending; or
  8. The person has otherwise violated the provisions of KRS 156.800 to 156.860 .

History. Enact. Acts 1990, ch. 470, § 8, effective July 1, 1990; 1992, ch. 417, § 4, effective July 14, 1992; 1994, ch. 363, § 3, effective July 15, 1994; 1994, ch. 469, § 12, effective July 15, 1994; 2006, ch. 211, § 27, effective July 12, 2006; repealed, reenact. and amend., Acts 2013, ch. 59, § 11, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.050 .

Research References and Practice Aids

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (17) at 1062.

156.818. Criminal conviction as grounds for disciplinary action.

Subject to the provisions of KRS 156.820 , any certified and equivalent employee who is convicted of a felony or job-related misdemeanor may be subject to any disciplinary action deemed appropriate, including dismissal.

History. Enact. Acts 1992, ch. 417, § 5, effective July 14, 1992; repealed, reenact. and amend., Acts 2013, ch. 59, § 12, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.052 .

156.820. Employees with continuing status — Appeals.

  1. All certified and equivalent employees who previously held merit status under KRS Chapter 18A shall become continuing status employees in the Office of Career and Technical Education.
  2. Prior to dismissal, an employee with continuing status shall be notified in writing of the intent to dismiss. The notice shall also state:
    1. The specific reasons for dismissal including:
      1. The statutory or regulatory violation;
      2. The specific action or activity on which the intent to dismiss is based;
      3. The date, time, and place of the action or activity; and
      4. The name of the parties involved; and
    2. That the employee has the right to appear personally, or with counsel if counsel has been retained, to reply to the appointing authority or a designee.
  3. The Office of Career and Technical Education shall prescribe and distribute a form to be completed and forwarded by an employee who wishes to appear before the appointing authority or a designee. The form shall be attached to every notice of intent to dismiss, and shall contain written instructions explaining:
    1. The right granted an employee under the provisions of this section relating to pretermination hearings; and
    2. The time limits and procedures to be followed by all parties in pretermination hearings.
  4. No later than five (5) working days after receipt of the notice of intent to dismiss, excluding the day of receipt of notice, the employee may request to appear, personally or with counsel if counsel is retained, to reply to the appointing authority or a designee.
  5. The appearance shall be held six (6) working days after receipt of an employee’s request to appear before the appointing authority or a designee, excluding the day the employee’s request is received, unless the employee and the appointing authority or a designee agree to a later date.
  6. No later than five (5) working days after the employee appears before the appointing authority or a designee, excluding the day of the appearance, the appointing authority or a designee shall:
    1. Determine whether to dismiss the employee or to alter, modify, or rescind the intent to dismiss; and
    2. Notify the employee in writing of the decision.
  7. If the appointing authority or a designee determines that the employee shall be dismissed, the employee shall be notified in writing of:
    1. The effective date of dismissal or other penalization;
    2. The specific reason for the action, including:
      1. The statutory or regulatory violation;
      2. The specific action or activity on which the dismissal is based;
      3. The date, time, and place of the action or activities; and
      4. The names of the parties involved; and
    3. That the employee may appeal the dismissal to the Kentucky Technical Education Personnel Board within thirty (30) days after receipt of this notification, excluding the day the notice is received.
  8. A certified or equivalent employee with continuing status who is demoted or suspended shall be notified in writing of:
    1. The demotion or suspension;
    2. The effective date of the demotion or suspension;
    3. The specific reason for the action including:
      1. The statutory or regulatory violation;
      2. The specific action or activity on which the demotion or suspension is based;
      3. The date, time, and place of the action or activity; and
      4. The name of the parties involved; and
    4. That the employee has the right to appeal to the Kentucky Technical Education Personnel Board within thirty (30) days, excluding the day of receipt of notification.
  9. Any employee or applicant for employment may appeal to the board on the grounds that the right to inspect or copy records, including preliminary and other supporting documentation, relating to the employee has been denied, abridged, or impeded. The board shall conduct a hearing to determine if the records related to the employee or applicant, and if the right to inspect or copy was denied, abridged, or impeded. If the board determines that the records related to the employee and that the right to inspect or copy the records has been denied, abridged, or impeded, the board shall order that the records be made available for inspection and copying.
  10. Any certified, equivalent, or unclassified employee may appeal an action alleged to be based on discrimination due to race, color, religion, national origin, sex, disability, or age to the board. Nothing in this section shall be construed to preclude any employee from filing with the Kentucky Commission on Human Rights a complaint alleging discrimination on the basis of race, color, religion, national origin, sex, disability, or age in accordance with KRS Chapter 344.
    1. Appeals to the Kentucky Technical Education Personnel Board shall be in writing on an appeal form prescribed by the Office of Career and Technical Education. Appeal forms shall be available at the employee’s place of work. The Office of Career and Technical Education shall be responsible for the distribution of the forms. (11) (a) Appeals to the Kentucky Technical Education Personnel Board shall be in writing on an appeal form prescribed by the Office of Career and Technical Education. Appeal forms shall be available at the employee’s place of work. The Office of Career and Technical Education shall be responsible for the distribution of the forms.
    2. The appeal form shall be attached to any notice, or copy of the notice, of dismissal, demotion, suspension, involuntary transfer, or other penalization, or notice of any other action an employee may appeal under the provisions of this section.
    3. Upon receipt of the appeal by the board, the appointing authority or a designee shall be notified, and the board shall schedule a hearing that shall be conducted in accordance with KRS Chapter 13B.
    1. Except as provided in this section, an appeal shall be decided by the board only after a hearing. The board shall not deny, reject, or sustain an appeal, or make any other determination relating to an appeal, except after a hearing is conducted pursuant to the provisions of this section and KRS Chapter 13B. (12) (a) Except as provided in this section, an appeal shall be decided by the board only after a hearing. The board shall not deny, reject, or sustain an appeal, or make any other determination relating to an appeal, except after a hearing is conducted pursuant to the provisions of this section and KRS Chapter 13B.
    2. The board may deny a hearing to an employee who has failed to file an appeal over which the board has jurisdiction or within the time prescribed by this section and to an unclassified employee who has failed to state the cause for dismissal. The board shall notify the employee of its denial in writing and shall inform the employee of his or her right to appeal the denial under the provisions of KRS 156.822 .
    3. Any investigation by the board of any matter related to an appeal filed by an employee shall be conducted only upon notice to the employee, the employee’s counsel, and the appointing authority. All parties to the appeal shall have access to information produced by the investigations and the information shall be presented at the hearing. Any party to the hearing shall be permitted an adequate opportunity to rebut or comment upon the information.
  11. Each appeal shall be decided individually, unless otherwise agreed by the parties and the board. The board shall not:
    1. Employ class action procedures; or
    2. Conduct test representative cases.
  12. Board members shall abstain from public comment about a pending or impending proceeding before the board. This shall not prohibit board members from making public statements in the course of their official duties or from explaining for public information the procedures of the board.
    1. If the board finds that the action complained of was taken by the appointing authority or designee in violation of laws prohibiting favor for, or discrimination against, or bias with respect to political or religious opinions or affiliations or ethnic origin, or in violation of laws prohibiting discrimination because of the individual’s sex, age, or disability, the appointing authority or designee shall immediately reinstate the employee to his or her former position or a position of like status and pay, without loss of pay for the period of penalization, or otherwise make the employee whole; (15) (a) If the board finds that the action complained of was taken by the appointing authority or designee in violation of laws prohibiting favor for, or discrimination against, or bias with respect to political or religious opinions or affiliations or ethnic origin, or in violation of laws prohibiting discrimination because of the individual’s sex, age, or disability, the appointing authority or designee shall immediately reinstate the employee to his or her former position or a position of like status and pay, without loss of pay for the period of penalization, or otherwise make the employee whole;
    2. If the board finds that the action complained of was taken without just cause, the board shall order the immediate reinstatement of the employee to his or her former position or a position of like status and pay, without loss of pay for the period of penalization, or otherwise make the employee whole;
    3. If the board finds that the action taken by the appointing authority was excessive or erroneous in view of all the surrounding circumstances, the board shall alter, modify, or rescind the disciplinary action; and
    4. In all other cases, the board shall rescind the action taken or grant other relief to which the employee is entitled.
  13. If a final order of the board is appealed, a court shall award reasonable attorney’s fees to an employee who prevails by a final adjudication on the merits as provided by KRS 453.260 . The award shall not include attorney’s fees attributable to the hearing before the board.

History. Enact. Acts 1990, ch. 470, § 9, effective July 1, 1990; 1992, ch. 417, § 6, effective July 14, 1992; 1994, ch. 363, § 4, effective July 15, 1994; 1994, ch. 405, § 18, effective July 15, 1994; 1994, ch. 469, § 13, effective July 15, 1994; 1996, ch. 318, § 42, effective July 15, 1996; 2000, ch. 526, § 21, effective August 15, 2000; 2003, ch. 29, § 10, effective June 24, 2003; 2006, ch. 211, § 28, effective July 12, 2006; repealed and reenact., Acts 2013, ch. 59, § 13, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.055 .

Research References and Practice Aids

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (17) at 1062.

156.822. Appeal from final order of board.

  1. Any final order of the board either upholding or invalidating the dismissal, demotion, suspension, or other penalization of a certified, equivalent, or unclassified employee may be appealed either by the employee or by the appointing authority.
  2. The party aggrieved may appeal the final order by filing a petition with the clerk of the Franklin Circuit Court in accordance with KRS Chapter 13B.
  3. If the appeal is from an order upholding the dismissal, demotion, suspension, or other penalization, the burden of appearing and defending the action of the board shall be upon the appointing authority. If the appeal is from an order refusing to uphold the dismissal, demotion, suspension, or other penalization, the burden of appearing and defending the action of the board shall be upon the employee.

History. Enact. Acts 1990, ch. 470, § 10, effective July 1, 1990; 1996, ch. 318, § 43, effective July 15, 1996; repealed and reenact., Acts 2013, ch. 59, § 14, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.060 .

156.824. Payment of reinstated employee.

    1. When a certified, equivalent, or unclassified employee has been finally ordered reinstated without loss of pay, pursuant to the provisions of KRS 156.822 , the board shall forward a certified copy of the order to the Department of Education. The department shall process proper payment to the employee for the period of suspension, the payment to be made out of the agency’s appropriations. If no funds or insufficient funds are available in the agency’s appropriations, then payment shall be made out of the judgments section of the general fund of the biennial state budget. (1) (a) When a certified, equivalent, or unclassified employee has been finally ordered reinstated without loss of pay, pursuant to the provisions of KRS 156.822 , the board shall forward a certified copy of the order to the Department of Education. The department shall process proper payment to the employee for the period of suspension, the payment to be made out of the agency’s appropriations. If no funds or insufficient funds are available in the agency’s appropriations, then payment shall be made out of the judgments section of the general fund of the biennial state budget.
    2. Gross moneys which are earned by the employee from other sources during the period of suspension shall set off against the gross sum due the employee, to the extent that the moneys were earned in a number of hours comparable to the length of time the employee would have worked in the previous job where dismissal occurred. The executive director of the Office of Career and Technical Education shall by regulation provide an administrative procedure for determining reasonable earnings to be set off.
    3. All other deductions shall be deducted as required by law or by other state regulation.
    1. Both the employee’s and employer’s contributions to the Kentucky Teachers’ Retirement System or the Kentucky Employees Retirement System shall be based upon the gross amount due the employee, before set-off or deduction, except for set-off caused by earnings on which employee and employer contributions to the Kentucky Teachers’ Retirement System or the Kentucky Employees Retirement System have been paid. (2) (a) Both the employee’s and employer’s contributions to the Kentucky Teachers’ Retirement System or the Kentucky Employees Retirement System shall be based upon the gross amount due the employee, before set-off or deduction, except for set-off caused by earnings on which employee and employer contributions to the Kentucky Teachers’ Retirement System or the Kentucky Employees Retirement System have been paid.
    2. Member and employer contributions paid into the system in which the employee participated after dismissal shall be transferred to the system in which the employee participated prior to illegal dismissal. In the event of a difference in member or employer contribution rates between the retirement system under which the member was covered prior to dismissal and the retirement system of participation before reinstatement by the board, the member and employer shall pay or receive a refund in order to adjust their respective contribution to the appropriate rate for the system under which the employee would have participated if dismissal had not occurred.

History. Enact. Acts 1990, ch. 470, § 11, effective July 1, 1990; 1994, ch. 469, § 14, effective July 15, 1994; 2000, ch. 526, § 22, effective August 15, 2000; 2003, ch. 29, § 11, effective June 24, 2003; 2006, ch. 211, § 29, effective July 12, 2006; repealed, reenact. and amend., Acts 2013, ch. 59, § 15, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.065 .

156.826. Employment status.

  1. All certified and equivalent employees shall serve a one (1) year probationary period for renewal of limited status. An employee may be separated from the position or reduced in class during this initial probationary period and shall not have a right to appeal except as provided in KRS 156.820 . If the employee is separated from the position, notice in writing shall be received at least ten (10) working days prior to separation. A copy of the notification shall be forwarded to the commissioner. Unless the commissioner notifies the employee of separation prior to the end of the initial probationary period, the employee shall be eligible for renewable limited status. Limited status employees are subject to reemployment on an annual basis. Limited status employees may be dismissed without cause before the annual anniversary date.
  2. After completion of the initial probationary period, the individual shall be considered on limited status until successful completion of the fourth year, at which time the employee may be placed on continuing status.
  3. An employee who has been assigned continuing status may not be demoted, disciplined, or dismissed without cause except as provided by provisions in KRS 156.800 to 156.860 .
  4. An employee with continuing status who has been promoted shall serve a probationary period of one (1) year in the new position. During the period of promotional probation, the employee shall retain the rights and privileges granted by the provisions of KRS 156.800 to 156.860 to continuing status employees.
  5. During the promotional probationary period, the employee with continuing status may be reverted at the discretion of the appointing authority to a position in the class formerly held.
  6. A continuing status employee who has been laid-off may return to a position with continuing status if an appropriate position is available.

History. Enact. Acts 1990, ch. 470, § 12, effective July 1, 1990; 1992, ch. 417, § 7, effective July 14, 1992; 2000, ch. 526, § 23, effective July 14, 2000; repealed, reenact. and amend., 2013, ch. 59, § 16, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.070 .

NOTES TO DECISIONS

1. Limited Status.

Employee could not make a prima facie showing of sex discrimination because she did not establish that she was similarly situated to a co-worker, whom the employee alleged received more favorable treatment that her, and the reasons stated for her non-renewal were sufficiently non-discriminatory; the employee could be non-renewed without reasons, and the co-worker could not be terminated without cause because he was a continuing status employee. Commonwealth v. Solly, 253 S.W.3d 537, 2008 Ky. LEXIS 127 ( Ky. 2008 ).

Research References and Practice Aids

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (17) at 1062.

156.828. Employee evaluations.

  1. The commissioner of education shall adopt written evaluation procedures for all certified and equivalent employees of the Office of Career and Technical Education. The procedures shall be based upon recommendations received from a committee composed of equal numbers of teachers, counselors, and administrators of the Office of Career and Technical Education.
  2. Evaluations shall be in writing. An evaluator shall follow all statutory and regulatory provisions for evaluation and shall present and explain all documentation affecting an employee’s evaluation, as well as discuss every aspect of performance with the employee at each evaluation. The evaluator shall solicit the employee’s opinions and suggestions and shall advise the employee of the measures needed to improve performance.
  3. Each full-time employee who has completed initial probation, and each part-time employee who works over one hundred (100) hours each month and who has completed initial probation shall be evaluated.
    1. The first-line supervisor of an employee shall be the evaluator, providing the period of supervision has been for a period of at least ninety (90) calendar days. (4) (a) The first-line supervisor of an employee shall be the evaluator, providing the period of supervision has been for a period of at least ninety (90) calendar days.
    2. If the evaluator has supervised an employee for at least ninety (90) calendar days and ceases to be the employee’s first-line supervisor after such period of time, the evaluation of the employee shall be at least five (5) workings days prior to the day when the responsibility for supervision ceases.
    3. If the first-line supervisor ceases to be the supervisor of an employee due to the suspension, demotion, or dismissal of the first-line supervisor, paragraph (b) of this subsection shall not apply.
    4. If the first-line supervisor ceases to be an employee’s supervisor because the employee transfers, the first-line supervisor shall evaluate the employee prior to transfer, if the period of supervision of the employee is not less than ninety (90) calendar days prior to notification of transfer.
  4. Teachers and administrators in the state-operated secondary area vocational education and technology centers shall be evaluated in the following categories and appropriate criteria for each category shall be described in the written evaluation procedure:
    1. School or classroom management, as appropriate;
    2. Job knowledge and skills;
    3. Instructional management;
    4. Employee conduct; and
    5. Professional responsibility.
  5. All other certified and equivalent staff in the field and in the central office shall be evaluated in the following categories with appropriate criteria described in written evaluation procedures:
    1. Job knowledge and skills;
    2. Quality of work;
    3. Employee conduct; and
    4. Professional responsibility.
  6. There shall be established by the commissioner of education an evaluation appeals procedure for certified or equivalent personnel in the Office of Career and Technical Education.
    1. Within five (5) working days of an evaluation, an employee may request reconsideration of the evaluation by the evaluator. (8) (a) Within five (5) working days of an evaluation, an employee may request reconsideration of the evaluation by the evaluator.
    2. Within five (5) working days of the reconsideration, an employee may:
      1. Submit a written response to any evaluation which shall be attached to the evaluation; and
      2. Submit a written request for reconsideration of any evaluation to the second-line supervisor.
    3. No later than fifteen (15) working days after receipt of the request, the second-line supervisor shall inform the employee and the evaluator in writing of the decision after the second-line supervisor has:
      1. Obtained written statements from both the employee and the evaluator; or
      2. Met with the employee and the evaluator; and
      3. Reviewed the evaluation process according to statutory or regulatory requirements as well as the ratings.
  7. Within thirty (30) days after the employee has received the written decision of the second-line supervisor, the employee may appeal an evaluation to the next level. For the state-operated secondary area vocational education and technology centers, this appeal shall go to the ombudsman for mediation. If not resolved at this level, the employee may file an appeal with the appointing authority or designee who shall make a final ruling. For other employees in the Office of Career and Technical Education, this appeal shall go to the appropriate office head and then to the appointing authority or designee.
  8. If an employee receives an overall unsatisfactory evaluation rating on two (2) successive evaluations, the employee shall be:
    1. Demoted to a position commensurate with abilities; or
    2. Terminated.

History. Enact. Acts 1990, ch. 470, § 13, effective July 1, 1990; 1992, ch. 417, § 8, effective July 14, 1992; 1994, ch. 469, § 15, effective July 15, 1994; 1997 (1st Ex. Sess.), ch. 1, § 47, effective May 30, 1997; 2003, ch. 29, § 12, effective June 24, 2003; 2006, ch. 211, § 30, effective July 12, 2006; repealed, reenact. and amend., Acts 2013, ch. 59, § 17, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.075 .

156.830. Coercion of employees prohibited — Lay-off priorities.

  1. It shall be unlawful to coerce certified and equivalent employees who may be or who are subject to lay-off to resign or retire in lieu of lay-off. Dismissals shall comply with applicable statutes and lay-offs shall not be utilized as a method of dismissal.
  2. In the same office, county, and job classification, temporary, emergency, limited status, and probationary employees shall be laid-off before permanent full-time or permanent part-time employees with continuing status. The Office of Career and Technical Education shall not transfer positions, including vacant positions, in order to circumvent the provisions of this section.
  3. If two (2) or more employees subject to lay-off in a lay-off plan submitted to the commissioner of education have the same qualifications and similar performance evaluations, the employee with the lesser seniority shall be laid-off first.
  4. An employee who is laid-off shall be placed on a reemployment list for the class of position from which laid-off and for any class for which such employee is qualified.
  5. For a period of three (3) years, laid-off employees shall be considered before any applicant from outside the Office of Career and Technical Education, except another laid-off employee with more seniority who is already on the list.
  6. For a period of three (3) years, a laid-off employee shall not be removed from the list unless:
    1. The laid-off employee notifies the office in writing that he or she no longer wishes to be considered for a position on the list;
    2. Two (2) written offers of appointment are declined, the offers to be for a position of the same classification and salary, and located in the same county or contiguous counties, as the position from which laid-off;
    3. Two (2) written offers to schedule an interview are made and the laid-off employee fails to respond to a certified letter requesting the laid-off employee to schedule an interview within ten (10) working days;
    4. The laid-off employee fails to report for an interview after notification in writing at least ten (10) calendar days prior to the date of the interview;
    5. The laid-off employee cannot be located by postal authorities at the last address provided; or
    6. The laid-off employee has willfully violated the provisions of KRS 156.800 to 156.860 .
  7. When a laid-off employee has accepted a bona fide offer of appointment to any position, effective on a specified date, the employee’s name may be removed from the list for all classes for which the maximum salary is the same as or less than that of the class of appointment.
  8. When a laid-off employee is removed from the reemployment list, the employee shall be notified in writing and shall be notified of the right to appeal to the board under provisions of KRS 156.820 .

History. Enact. Acts 1990, ch. 470, § 14, effective July 1, 1990; 1994, ch. 363, § 5, effective July 15, 1994; 1994, ch. 469, § 16, effective July 15, 1994; 2000, ch. 526, § 24, effective July 14, 2000; 2006, ch. 211, § 31, effective July 12, 2006; repealed, reenact. and amend., Acts 2013, ch. 59, § 18, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.080 .

156.832. Procedures for lay-offs.

  1. A lay-off of an employee with continuing status in the Office of Career and Technical Education due to the abolition of a position, lack of funds, or economic or employment trends resulting in a lack of work or a material change in duties or organization shall comply with the provisions of this section.
  2. Prior to the notification of lay-off and prior to the lay-off of an employee, the Department of Education shall prepare a lay-off plan. The plan shall contain the name of the employee and the reasons, in detail, for the lay-off. Upon approval of the plan by the appointing authority or designee, the employee shall be notified of the pending lay-off, and of:
    1. The reason for the lay-off;
    2. The procedures established by the provisions of KRS 156.830 and this section for the lay-off of employees; and
    3. The rights granted employees subject to lay-off and to laid-off employees.
    1. An employee subject to lay-off shall be considered for a vacant position within the office of the same pay grade, level of duties, and responsibilities for which the employee is qualified. (3) (a) An employee subject to lay-off shall be considered for a vacant position within the office of the same pay grade, level of duties, and responsibilities for which the employee is qualified.
    2. If a vacancy does not exist, the employee shall be considered for any vacant position within his office for which qualifications are held.
  3. If no position is available to an employee subject to lay-off under the procedure established by subsection (3) of this section, the employee shall be notified of the layoff in writing at least thirty (30) days prior to implementation of the lay-off.

History. Enact. Acts 1990, ch. 470, § 15, effective July 1, 1990; 1994, ch. 469, § 17, effective July 15, 1994; 2000, ch. 526, § 25, effective August 15, 2000; 2006, ch. 211, § 32, effective July 12, 2006; repealed, reenact. and amend., Acts 2013, ch. 59, § 19, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.085 .

NOTES TO DECISIONS

  1. Notice.
  2. Show Cause.
1. Notice.

Where continuing status employee received a notice detailing the reason for his layoff and informing him of his rights as a continuing status employee, the notice was sufficient. Koo v. Commonwealth Dep't for Adult & Technical Educ., 919 S.W.2d 531, 1995 Ky. App. LEXIS 223 (Ky. Ct. App. 1995).

2. Show Cause.

It was not necessary that Department of Adult and Technical Education show cause to continuing status employee laid off following the abolishment of his position as auxiliary services specialist. Koo v. Commonwealth Dep't for Adult & Technical Educ., 919 S.W.2d 531, 1995 Ky. App. LEXIS 223 (Ky. Ct. App. 1995).

District Court properly dismissed a former public employee’s federal and state due process claims because, although the employee had a right to insist that her former employer follow the procedures set forth in KRS 151B.085 , the statute contained no “cause” requirement where a continuing employee was laid off because her position was abolished. Thus, the employee had no protectible property interest in her continued employment. Gragg v. Somerset Tech. College, 373 F.3d 763, 2004 FED App. 0190P, 2004 U.S. App. LEXIS 12229 (6th Cir. Ky. 2004 ).

156.834. Appeal to board of lay-off by continuing status employee.

  1. A continuing status employee may appeal his lay-off on the grounds that the procedures in KRS 156.832 were not followed.
  2. An appeal filed by a continuing status employee shall be filed with the board within thirty (30) days of the effective date of the lay-off. The board shall hear any appeal filed by a continuing status employee within sixty (60) days of the filing date, and it shall render a final order within ninety (90) days of the filing date.

History. Enact. Acts 1994, ch. 475, § 4, effective July 15, 1994; repealed, reenact. and amend., Acts 2013, ch. 59, § 20, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as 151B.086 .

156.836. Appeal of board’s final order relating to lay-off of continuing status employee.

  1. A final order of the board either upholding or invalidating the lay-off of a continuing status employee may be appealed either by the employee or by the appointing authority.
  2. The party aggrieved may appeal that order by filing a petition with the clerk of the Franklin Circuit Court in accordance with KRS Chapter 13B.

History. Enact. Acts 1994, ch. 475, § 5, effective July 15, 1994; 1996, ch. 318, § 44, effective July 15, 1996; repealed and reenact., Acts 2013, ch. 59, § 21, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as 151B.087 .

156.838. Prohibited activities.

  1. No certified or equivalent employee shall be appointed or promoted to, or demoted or dismissed from, any position or in any way favored or discriminated against with respect to employment because of political or religious opinions or affiliations, ethnic origin, sex, disability, or age.
  2. No person shall use or promise to use, directly or indirectly, any official authority to influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position requiring certification or equivalent, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of a person.
  3. No certified or equivalent employee nor the commissioner shall directly or indirectly, pay or promise to pay any assessment for political purposes, or solicit or take any part in soliciting for any political party, or solicit or take any part in soliciting any political assessment, subscription, contribution, or service. No person shall solicit any political assessment, subscription, contribution, or service of any certified or equivalent employee.
  4. No certified or equivalent employee shall be a member of any national, state, or local committee of a political party, or an officer or member of a committee of a partisan political club, or a candidate for nomination or election to any paid public office, or shall take part in the management or affairs of any political party or in any political campaign, except to exercise the right as a citizen privately to express an opinion and to cast a vote. Certified or equivalent employees may be candidates for and occupy a town or school district office if the office is one for which no compensation, other than a per diem payment, is provided and the election is on a nonpartisan basis.

History. Enact. Acts 1990, ch. 470, § 16, effective July 1, 1990; 1994, ch. 405, § 19, effective July 15, 1994; 1994, ch. 469, § 18, effective July 15, 1994; repealed and reenact., Acts 2013, ch. 59, § 22, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as 151B.090 .

156.840. Kentucky Technical Education Personnel Board.

  1. The Kentucky Technical Education Personnel Board is hereby established to conduct personnel appeals from certified and equivalent employees in the Office of Career and Technical Education under KRS 156.800 to 156.860 . Appeals shall be conducted in accordance with the provisions established in KRS Chapter 13B. The board shall be attached to the Department of Education for administrative purposes.
  2. The Kentucky Technical Education Personnel Board shall be composed of five (5) voting members, three (3) of whom shall be selected from employees within the Department of Education, except no member shall be an employee within the Office of Career and Technical Education. The remaining two (2) members shall be teachers employed by the Office of Career and Technical Education’s Area Technology Centers. The election of the teacher representatives may be conducted by written ballot, Internet balloting, intranet balloting, or electronic mail. The teacher candidates may be present when the balloting is tallied. All votes cast shall be tallied by an independent entity.
    1. The Governor shall appoint the two (2) members elected by the teachers employed by the Office of Career and Technical Education’s Area Technology Centers and the three (3) members selected from employees within the Department of Education. All members shall be appointed by the Governor to four (4) year terms, and each term shall end on June 30 of the fourth year.
    2. Terms of new members or reappointed members shall begin on July 1 of the year beginning their term. If a vacancy occurs during a term, the Governor shall appoint a replacement to serve the remainder of the unexpired term within thirty (30) days of the vacancy. The Governor shall select a replacement from the group where the vacancy occurred. The manner of selection for the replacement shall be the same as the manner of the original selection.
    3. The members shall possess an understanding of the personnel system established in KRS 156.800 to 156.860 .
    4. A chair shall be elected annually by members of the board.
  3. The board shall meet as necessary to comply with time frames for conducting personnel appeals under KRS Chapter 13B and KRS 156.800 to 156.860 , and at other times as deemed necessary by the chair of the board. For meetings of the board, a majority of the voting members shall be present to constitute a quorum for the transaction of business.
  4. The Office of Career and Technical Education shall provide administrative, budgetary and support staff services for the board.
  5. Pursuant to KRS 156.010 , employees of the Department of Education who serve as members of the board shall not receive additional salary for serving as members on the board. However, upon approval of the commissioner of education, board members shall be entitled to reimbursement of actual and necessary expenses incurred while performing their duties as an active member of the board.
  6. During personnel appeals conducted by the board, both parties shall be given the opportunity to have a representative present at each step of the process.

History. Enact. Acts 2003, ch. 29, § 1, effective June 24, 2003; 2006, ch. 211, § 33, effective July 12, 2006; 2009, ch. 11, § 17, effective June 25, 2009; repealed, reenact. and amend., Acts 2013, ch. 59, § 23, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as 151B.097 .

156.842. Office of Career and Technical Education to manage state-operated secondary area vocational education and technology centers.

The Office of Career and Technical Education shall have the management and control of state-operated secondary area vocational education and technology centers, and all programs and services operated in these centers.

History. Enact. Acts 2003, ch. 29, § 2, effective June 24, 2003; 2006, ch. 211, § 34, effective July 12, 2006; repealed and reenact., Acts 2013, ch. 59, § 24, effective June 25, 2013.

Compiler’s Notes.

This section was formerly compiled as 151B.112 .

156.844. Local board’s petition to commissioner of education seeking power to manage and control state-operated secondary vocational education and technology center — Issues related to transfer of employees.

  1. A local board of education may submit a request to the commissioner of education to assume authority for the management and control of a state-operated secondary vocational education and technology center. Upon agreement between the commissioner of education and the local board of education for the transfer of a state-operated secondary vocational education and technology center, all personnel, equipment, and supplies shall be transferred to the local board of education and shall be utilized for the operation of the locally operated vocational center.
  2. A certified employee who is affected by a transfer to the local board of education under subsection (1) of this section shall be granted a one (1) year limited contract by the local board of education and shall be employed on the local district salary schedule. A classified employee shall be guaranteed employment equal to his or her present status for at least one (1) complete school term. A transferred employee shall be provided the benefits of comparable employees in the district and shall be subject to all rules and policies of the local board of education, including but not limited to disciplinary and personnel actions that are the same as those that may be exercised by the district for any other employee in the district during a contract period.
  3. A transferred employee who has accrued annual leave and compensatory time shall be paid a lump sum for the accrued time at the effective date of the transfer by the Department of Education. The employee shall be granted credit for accrued sick leave up to the maximum allowed for transfers of teachers between school districts. Sick leave credit shall be awarded to a classified employee based on the local board policy. Any excess sick leave that a classified or certified employee has earned that the district will not accept in the transfer may be requested to be held in escrow by the appropriate state personnel system under KRS Chapter 18A or KRS 156.800 to 156.860 , and the sick leave balance shall be restored to the employee if the employee returns to a state government position.
  4. An employee who is to be transferred to a local board of education under provisions of this section but who chooses not to accept a one (1) year limited contract with the board shall be separated from the state system and the employee’s position shall be abolished. The employee may apply for any state position for which the employee is qualified but shall not be granted priority over other applicants for a position because the employee’s position was abolished due to a transfer of the vocational education and technology center. An employee who refuses a contract with the local board shall be provided a lump-sum payment for accrued annual leave and compensatory time, and the employee’s sick leave balance shall be placed in escrow by the appropriate state personnel system under KRS Chapter 18A or KRS 156.800 to 156.860 . The sick leave balance shall be restored to the employee if the employee returns to a state government position.
  5. A certified employee, other than a principal, who has earned continuing status in the state certified personnel system under KRS 156.800 to 156.860 may be granted tenure under the provisions of KRS 161.740(1)(c). A principal may be granted tenure as a teacher, but the provisions relating to demotion of the principal under KRS 161.765 shall apply.
  6. An employee of the Office of Career and Technical Education who is transferred to the local school district and who occupies a position covered by the Kentucky Teachers’ Retirement System shall remain in the Kentucky Teachers’ Retirement System.
  7. After the effective date of the transfer, the local board of education shall receive funding for the support of the local board of education center operations pursuant to KRS 157.069 . In addition, the local board of education shall receive one hundred percent (100%) of the Support Education Excellence in Kentucky program funds from the Department of Education that are generated from students enrolled in the center.

History. Enact. Acts 2013, ch. 59, § 4, effective June 25, 2013.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (13) at 872.

156.846. Local board’s power to relinquish management and control of vocational education center — Issues related to transfer of employees.

  1. Notwithstanding KRS 156.808 , 156.812 , 156.814 , 156.816 , 156.820 , and 156.826 , upon approval of the Kentucky Board of Education, a local board of education that has operated an area vocational education and technical center for at least five (5) years may relinquish authority for the management and control of the area vocational education and technical center to the Kentucky Department of Education. The local board of education shall transfer all personnel, equipment, and supplies to the Office of Career and Technical Education within the Kentucky Department of Education.
  2. A certified employee who is affected by a transfer to the Office of Career and Technical Education under subsection (1) of this section shall be granted the same status by the Office of Career and Technical Education as he or she had at the close of employment with the local board of education and shall be employed on the state salary schedule. A classified employee shall be guaranteed employment equal to his or her status in the local school district for at least one (1) complete school term. A transferred employee shall be provided the benefits of comparable employees in the Office of Career and Technical Education and shall be subject to all rules and policies of the Office of Career and Technical Education, including but not limited to disciplinary and personnel actions that are the same as those that may be exercised by the office for any other employee in the Commonwealth during a contract period.
  3. The employee shall be granted credit for accrued sick leave by the Office of Career and Technical Education up to the maximum allowed for transfers of teachers between school districts. The Office of Career and Technical Education shall award sick leave credit to a classified employee based on the sick leave accumulated in the local district. Any excess sick leave that a classified or certified employee earned that had been held in escrow by the appropriate state personnel system under KRS Chapter 18A or KRS 156.800 to 156.860 when the transfer was made to the local board of education shall be restored to the employee.
  4. An employee who is to be transferred to the Office of Career and Technical Education under provisions of this section but who chooses not to accept a contract with the Commonwealth shall be separated from the state system and the employee’s position shall be abolished. The employee may apply for any state position for which the employee is qualified but shall not be granted priority over other applicants for a position because the employee’s position was abolished due to a transfer of the area vocational education and technical center. An employee who refuses a contract with the Office of Career and Technical Education shall have the employee’s sick leave balance placed in escrow by the state personnel system under KRS Chapter 18A or KRS 156.800 to 156.860 . The sick leave balance shall be restored to the employee if the employee returns to a state government position.
  5. A certified employee, other than a principal, who has earned continuing status in the local school district under KRS 161.740(1), shall be granted continuing status under the provisions of KRS 156.820 . A principal may be granted continuing status as a teacher, but the provisions relating to demotion of the principal under KRS 156.820 shall apply.
  6. An employee of a local board of education who is transferred to the Office of the Career and Technical Education and who occupies a position covered by the Kentucky Teachers’ Retirement System shall remain in the Kentucky Teachers’ Retirement System.
  7. General fund moneys previously appropriated to a local board of education for support of the area vocational education and technical center shall be appropriated to the Department of Education.

History. Enact. Acts 2013, ch. 59, § 5, effective June 25, 2013.

156.848. Agreements for training workers.

  1. The executive director of the Office of Adult Education within the Department of Workforce Investment in the Education and Workforce Development Cabinet and the commissioner of education may enter into agreements to train workers for new manufacturing jobs in new or expanding industries characterized by one (1) or more of the following criteria: a high average skill, a high average wage, rapid national growth, or jobs feasible and desirable for location in rural regions. Such agreements shall not be subject to the requirements of KRS 45A.045 and KRS 45A.690 to 45A.725 when awarded on the basis of a detailed training plan approved by the appropriate agency head. Reimbursement to the industry shall be made upon submission of documents validating actual training expenditure not to exceed the amount approved by the training plan.
  2. The executive director and the commissioner of education may approve authorization for his or her agency to enter into agreements with industries whereby the industry may be reimbursed directly for the following services:
    1. The cost of instructors’ salaries when the instructor is an employee of the industry to be served;
    2. Cost of only those supplies, materials, and equipment used exclusively in the training program; and
    3. Cost of leasing a training facility should a vocational education school or the industrial plant not be available.

History. Enact. Acts 1980, ch. 31, § 1, effective March 12, 1980; 1984, ch. 111, § 90, effective July 13, 1984; 1988, ch. 361, § 11, effective July 15, 1988; repealed, reenacted, and amend., Acts 1990, ch. 470, § 22, effective July 1, 1990; repealed, reenact. and amend., Acts 2013, ch. 59, § 25, effective June 25, 2013; 2019 ch. 146, § 26, effective June 27, 2019.

Compiler’s Notes.

This section (Enact. Acts 1980, ch. 31, § 1, effective March 12, 1980; 1984, ch. 111, § 90, effective July 13, 1984; 1988, ch. 361, § 11, effective July 15, 1988) was formerly compiled as KRS 156.253 and was repealed, reenacted, and amended as this section by Acts 1990, ch. 470, § 22, effective July 1, 1990.

This section was formerly compiled as 151B.120 .

Legislative Research Commission Note.

(7/13/90). The repeal, with reenactment and amendment, of this section prevailed over its amendment by two other Acts of the 1990 Regular Session pursuant to KRS 446.260 . The Reviser has changed internal numbering references pursuant to KRS 7.136(1).

156.850. Federal acts relating to vocational education accepted.

This state accepts and agrees to comply with all the provisions of the Acts of Congress of the United States approved February 23, 1917, and all subsequent acts relating to vocational education, the purpose of which is to provide training, develop skills, abilities, understandings, attitudes, work habits, and appreciation, and to impart knowledge and information needed by workers to enter into and make progress in their chosen vocations. These training opportunities shall be provided for the young people who are enrolled in the regular day schools and, also, for out-of-school youth and adults, both employed and unemployed, who are in need of and can profit by vocational training.

History. 4526-1; amend. Acts 1956, ch. 165, § 2; repealed, reenact. and amend, Acts 1990, ch. 470, § 28, effective July 1, 1990; repealed and reenact., Acts 2013, ch. 59, § 26, effective June 25, 2013.

Compiler’s Notes.

This section (4526-1; amend. Acts 1956, ch. 165, § 2) was formerly compiled as KRS 163.020 and was repealed, reenacted and amended as this section by Acts 1990, ch. 470, § 28, effective July 1, 1990.

This section was formerly compiled as 151B.145 .

Legislative Research Commission Note.

(7/13/90). This section has been treated by two 1990 Acts; its repeal and reenactment in Acts Ch. 470 renumbered the section into KRS Ch. 151B.

Opinions of Attorney General.

Where a student is enrolled in a high school and taking classes there and is also receiving part of his instruction each day at a vocational school, his district would be entitled to full ADA credit for his attendance. OAG 73-639 .

156.852. Kentucky Board of Education authorized to carry out vocational education programs.

The Kentucky Board of Education is vested with the authority to carry out the purposes of the program of vocational education and the provisions of the Acts of Congress accepted by KRS 156.850 , and is given all the necessary power and authority in promulgating administrative regulations and administering vocational education and carrying out the provisions of the acts relating thereto.

History. 4526-2; amend. Acts 1956, ch. 165, § 3; 1978, ch. 155, § 83, effective June 17, 1978; repealed, reenact., and amend., Acts 1990, ch. 470, § 29, effective July 1, 1990; repealed and reenact., Acts 2013, ch. 59, § 27, effective June 25, 2013.

Compiler’s Notes.

This section (4526-2; amend. Acts 1956, ch. 165, § 3; 1978, ch. 155, § 83, effective June 17, 1978) was formerly compiled as KRS 163.030 and was repealed, reenacted, and amended as this section by Acts 1990, ch. 470, § 29, effective July 1, 1990.

This section was formerly compiled as 151B.150 .

Legislative Research Commission Note.

(7/13/90). The subsequent repeal, with reenactment and amendment, of this section prevails over its amendment by a prior Act of the 1990 Regular Session pursuant to KRS 446.260 .

Research References and Practice Aids

Cross-References.

State Board of Education may acquire buildings for vocational education activities, KRS 156.070 .

156.854. State Treasurer custodian of funds.

The State Treasurer is custodian of all money received by the state from the federal government under the federal acts accepted by KRS 156.850 , and the State Treasurer shall collect the money and pay it out upon the order of the commissioner of education.

History. 526-7; amend. Acts 1978, ch. 155, § 83, effective June 17, 1978; repealed, reenact. and amend. Acts 1990, ch. 470, § 30, effective July 1, 1990; repealed, reenact. and amend. Acts 2013, ch. 59, § 28, effective June 25, 2013.

Compiler’s Notes.

This section (4526-7; amend. Acts 1978, ch. 155, § 83, effective June 17, 1978) was formerly compiled as KRS 163.070 and was repealed, reenacted and amended as this section by Acts 1990, ch. 470, § 30, effective July 1, 1990.

This section was formerly compiled as KRS 151B.155 .

Legislative Research Commission Note.

(7/13/90). The subsequent repeal, with reenactment and amendment, of this section prevails over its amendment by a prior Act of the 1990 Regular Session pursuant to KRS 446.260 .

156.856. Tuition and fees in secondary area vocational education and technology centers.

Tuition and fees for secondary pupils enrolled in the state secondary area vocational education and technology centers operated by the Office of Career and Technical Education shall be free to all residents of Kentucky. The Kentucky Board of Education shall fix the rate of tuition and fees for adults who are enrolled in secondary programs in the state-operated area vocational education and technology centers under its control. Adult students enrolled in full-time postsecondary programs under the jurisdiction of the Kentucky Community and Technical College System that are physically located in an area vocational education or technology center shall pay the tuition as established by the Council on Postsecondary Education and fees as established by the board of regents for the Kentucky Community and Technical College System.

History. Enact. Acts 1976, ch. 327, § 5; 1978, ch. 155, § 83, effective June 1, 1978; repealed, reenact. and amend. Acts 1990, ch. 470, § 32, effective July 1, 1990; repealed, reenact. and amend. Acts 2013, ch. 59, § 29, effective June 25, 2013.

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 327, § 5; 1978, ch. 155, § 83, effective June 1, 1978) was formerly compiled as KRS 163.087 and was repealed, reenacted and amended by Acts 1990, ch. 470, § 32, effective July 1, 1990.

This section was formerly compiled as KRS 151B.165 .

Legislative Research Commission Note.

(7/13/90). The subsequent repeal, with reenactment and amendment, of this section prevails over its amendment by a prior Act of the 1990 Regular Session pursuant to KRS 446.260 .

156.858. Liability insurance for motor vehicles owned or operated by office in vocational schools and centers.

The commissioner of education may provide liability insurance for licensed and nonlicensed motor vehicles owned or operated by the Office of Career and Technical Education in vocational schools and centers. If the transportation of members of the student bodies is let out under contract, the contract shall require the contractor to carry an indemnity bond or liability insurance against negligence in such amounts as the commissioner of education designates. In either case, the indemnity bond or insurance policy shall be issued by a surety or insurance company authorized to transact business in this state, and shall bind the company to pay any final judgment not to exceed the limits of the policy rendered against the insured for loss or damage to property of any student or other person, or death or injury of any student or other person.

History. Enact. Acts 1986, ch. 416, § 1, effective April 10, 1986; repealed, reenact. and amend. Acts 1990, ch. 470, § 33, effective July 1, 1990; repealed, reenact. and amend. Acts 2013, ch. 59, § 30, effective June 25, 2013.

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 416, § 1, effective April 10, 1986) was formerly compiled as KRS 163.088 and was repealed, reenacted and amended as this section by Acts 1990, ch. 470, § 33, effective July 1, 1990.

This section was formerly compiled as KRS 151B.170 .

Legislative Research Commission Note.

(7/13/90). The subsequent repeal, with reenactment and amendment, of this section prevails over its amendment by a prior Act of the 1990 Regular Session pursuant to KRS 446.260 .

156.860. Medical and accident insurance for students.

  1. The Kentucky Board of Education is authorized to provide medical and accident insurance for students enrolled in the state secondary area technology centers and area vocational education centers. The Department of Education may enter into a contract or contracts with one (1) or more sureties or insurance companies or their agents to provide appropriate medical and accident insurance coverage and to provide group coverage to all students enrolled in state-operated schools under its jurisdiction. The appropriate group coverage shall be issued by one (1) or more sureties or insurance companies authorized to transact business in this state, and such coverage shall be approved by the commissioner of insurance.
  2. The Kentucky Board of Education shall promulgate administrative regulations to implement the medical and accident insurance program. The Kentucky Board of Education may fix the rate of fees for all secondary students, the provisions of KRS 156.856 with respect to fees for secondary students notwithstanding, as he or she deems necessary to meet the expense in whole or in part for appropriate student medical and accident insurance.
  3. The limits of liability and other appropriate provisions for student medical and accident insurance authorized by this section shall be set by the Kentucky Board of Education.

History. Enact. Acts 1988, ch. 289, § 1, effective July 15, 1988; repealed, reenact, and amend., Acts 1990, ch. 470, § 34, effective July 1, 1990; repealed, reenact. and amend., Acts 2013, ch. 59, § 31, effective June 25, 2013.

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 289, § 1, effective July 15, 1988) was formerly compiled as KRS 163.089 and was repealed, reenacted and amended as this section by Acts 1990, ch. 470, § 34, effective July 1, 1990.

This section was formerly compiled as KRS 151B.175

Legislative Research Commission Note.

(7/13/90). The subsequent repeal, with reenactment and amendment, of this section prevails over its amendment by a prior Act of the 1990 Regular Session pursuant to KRS 446.260 .

Penalties

156.990. Penalties.

  1. Any witness who fails, without legal excuse, to attend or to testify, when required by the chief state school officer under these provisions, shall be fined not more than twenty-five dollars ($25) for each offense.
  2. Any person who violates any of the provisions of KRS 156.400 to 156.470 shall be fined not more than five hundred dollars ($500) or imprisoned not more than three (3) months, or both.
  3. A violation of subsection (1) of KRS 156.483 shall cause the Department of Education to be fined not less than five hundred dollars ($500) or more than one thousand dollars ($1,000).

History. Enact. Acts 1952, ch. 184, § 16; 1988, ch. 345, § 6, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 168, effective July 13, 1990.

Compiler’s Notes.

Former KRS 156.990 (4384-15,4421a-46) was repealed by Acts 1952, ch. 184, § 17.

CHAPTER 157 State Support of Education

General Provisions

157.010. Elements of the school fund.

The school fund shall consist of the fund dedicated by the Constitution and laws of this Commonwealth for the purpose of sustaining a system of common schools therein. The annual resources of the fund shall consist of:

  1. The interest on the bond of the Commonwealth for one million three hundred twenty-seven thousand dollars ($1,327,000) at the rate of six percent (6%) per annum payable on the first day of January and July of each year.
  2. The interest on the proceeds of fifty-two thousand dollars ($52,000) formerly invested in Liberty Loan Bonds under authority of Chapter 6 of the Acts of 1920, now invested by the Kentucky Board of Education.
  3. The dividends from whatever remains of the original investment of seventy-three thousand five hundred dollars ($73,500) in the capital stock of the Bank of Kentucky.
  4. The interest on the bond of the Commonwealth for three hundred eighty-one thousand nine hundred eighty-six dollars and eight cents ($381,986.08) due the several counties and remaining a perpetual obligation against the Commonwealth for the benefit of the respective counties, at the rate of six percent (6%) per annum payable annually on the first day of July to the counties entitled to it and in the proportion to which they are entitled, to be used exclusively in aid of common schools.
  5. The interest at six percent (6%) per annum, payable on the first day of January and July each year, on six hundred six thousand six hundred forty-one dollars and three cents ($606,641.03) received from the United States under an act approved March 2, 1891, for which the Commonwealth has executed bond pursuant to Chapter 6 of the Acts of 1892.
  6. Such sums as are appropriated by the General Assembly in aid of the common schools.

History. 4370-1, 4370-2; Acts 1978, Ch. 155, § 82, effective June 17, 1978; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 376, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

This section (4370-1, 4370-2; amend. Acts 1978, Ch. 155, § 82, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 376, effective July 13, 1990.

NOTES TO DECISIONS

  1. Common Fund.
  2. School Funds.
  3. — Use.
  4. — Payment.
1. Common Fund.

Common school fund is distinct from district school funds in that common school fund is distributed by the state to the various school districts on a per capita basis. Commonwealth ex rel. Commonwealth ex rel. Meredith v. Reeves, 289 Ky. 73 , 157 S.W.2d 751, 1941 Ky. LEXIS 21 ( Ky. 1941 ).

This section defines “state school funds” and is not an exclusive reference for definition of “school funds.” Commonwealth ex rel. Commonwealth ex rel. Breckinridge v. Collins, 379 S.W.2d 436, 1964 Ky. LEXIS 237 ( Ky. 1964 ).

2. School Funds.
3. — Use.

School fund must be used exclusively in aid of common schools, and an act appropriating a part of the school fund to purchase “Collins’ History of Kentucky” is unconstitutional. Collins v. Henderson, 74 Ky. 74 , 1874 Ky. LEXIS 14 ( Ky. 1874 ) (decided under prior law).

School fund is to be used solely for educational purposes. Crabbe v. Board of Trustees, 132 Ky. 478 , 116 S.W. 706, 1909 Ky. LEXIS 113 ( Ky. 1909 ) (decided under prior law).

Funds appropriated by the Legislature out of general funds in aid of common schools become a part of the common school fund, and are subject to Ky. Const., § 186 (distribution and use of school funds). Board of Education v. Talbott, 261 Ky. 66 , 86 S.W.2d 1059, 1935 Ky. LEXIS 592 ( Ky. 1935 ).

4. — Payment.

Common school fund can be paid only to school districts and not to another department of state government or to a private institution. Hodgkin v. Board for Louisville & Jefferson County Children's Home, 242 S.W.2d 1008, 1951 Ky. LEXIS 1101 ( Ky. 1951 ).

In order for there to be a common school there must be a common school district. Hodgkin v. Board for Louisville & Jefferson County Children's Home, 242 S.W.2d 1008, 1951 Ky. LEXIS 1101 ( Ky. 1951 ).

Cited:

Wooley v. Spalding, 293 S.W.2d 563, 1956 Ky. LEXIS 73 ( Ky. 1956 ).

Opinions of Attorney General.

Inasmuch as common school funds may only be paid to common school districts, a county school board may not expend public common school funds to transport students attending a nonpublic model school. OAG 76-261 .

The present school laws, in light of the Kentucky Constitution, do not authorize or permit any state funded extended employment days to be used for vacation or holidays. OAG 82-356 .

A local school district may contract to allow funds held for the local district by the Kentucky Department of Education to be transferred as directed, assuming all statutory and constitutional requirements relative to the use of those funds, if any, have been met. OAG 87-22 .

Research References and Practice Aids

Cross-References.

Compulsory attendance, KRS ch. 159.

Conduct of schools; pre-school child care centers, KRS ch. 158.

Department of Education, KRS ch. 156.

Fund set apart for common schools, Ky. Const., §§ 184, 188.

General Assembly to provide for schools, Ky. Const., § 183.

Investment and distribution of school fund, Ky. Const., §§ 185, 186.

Race or color not to affect distribution of school fund, Ky. Const., § 187.

Sectarian schools, appropriation for forbidden, Ky. Const., § 189.

School districts, KRS ch. 160.

School employees; teachers retirement and tenure, KRS ch. 161.

School property and buildings, KRS ch. 162.

Vocational education and rehabilitation, KRS ch. 163.

Kentucky Law Journal.

Article: New Directions in School Funding and Governance: Moving from Politics to Evidence, 98 Ky. L.J. 653 (2009/2010).

Special Feature: Rose At 20: The Past And Future Of School Finance Litigation: Foreword: Rights, Remedies, and Rose, 98 Ky. L.J. 703 (2009/2010).

Special Feature: Rose At 20: The Past And Future Of School Finance Litigation: Judicial Humility: The Enduring Legacy of Rose v. Council for Better Education, 98 Ky. L.J. 717 (2009/2010).

Special Feature: Rose At 20: The Past And Future Of School Finance Litigation: Justiciability, Adequacy, Advocacy, and the “American Dream”, 98 Ky. L.J. 739 (2009/2010).

Special Feature: Rose At 20: The Past And Future Of School Finance Litigation: The Evolving Role of the Courts in School Reform Twenty Years After Rose, 98 Ky. L.J. 789 (2009/2010).

157.014. Commission on Public Education. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 141, § 1, effective March 25, 1960) was repealed by Acts 1966, ch. 24, Art. IV (5).

157.016. Executive director and staff. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 141, § 2, effective March 25, 1960) was repealed by Acts 1966, ch. 24, Art. IV (5).

157.018. Operations until July 1, 1964. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 186, § 1) was repealed by Acts 1966, ch. 24, Part IV (5).

157.020. Purposes for which school fund may be used. [Repealed.]

Compiler’s Notes.

This section (4370-2, 4370-3) was repealed by Acts 1954, ch. 214, § 16.

157.022. Legislative Research Commission to furnish services; charges. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 186, § 3) was repealed by Acts 1966, ch. 24, Part IV (5).

157.024. Legislator to be member. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 186, § 4) was repealed by Acts 1966, ch. 24, Part IV (5).

157.030. Net revenue to be distributed — Incidental expenses not to be deducted.

The net revenue of the common school fund accruing during each school year shall constitute the sum to be distributed. No fee, discount, check, or other incidental expense shall be paid out of the distributable share of the revenue apportioned to any school district.

History. 4370-3; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 377, effective July 13, 1990.

Compiler’s Notes.

This section (4370-3) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 377, effective July 13, 1990.

157.040. Distribution of fund on per capita basis. [Repealed.]

Compiler’s Notes.

This section (4370-4, 4434-29) was repealed by Acts 1954, ch. 214, § 16, effective July 1, 1954.

157.050. Method of distribution. [Repealed.]

Compiler’s Notes.

This section (4370-6; amend. Acts 1942, ch. 123, §§ 1, 2) was repealed by Acts 1954, ch. 214, § 16, effective July 1, 1954.

157.051. Definitions for KRS 157.052 to 157.055. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 17, § 1; 1946, ch. 131, § 1; 1949 (Ex. Sess.), ch. 6, § 1; 1950, ch. 122, § 1) was repealed by Acts 1954, ch. 214, § 16, effective July 1, 1954.

157.052. School equalization fund administration and distribution, control of. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 17, § 2; 1944, ch. 113, § 1; 1946, ch. 131, § 2; 1949 (Ex. Sess.), ch. 6, § 2) was repealed by Acts 1954, ch. 214, § 16, effective July 1, 1954.

157.053. Method of determining eligibility of districts to share in equalization fund; determination of allotments; minimum allotments; application of unallotted balance. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 17, § 3; 1944, ch. 113; 1946, ch. 131, § 3; 1948, ch. 16; 1949 (Ex. Sess.), ch. 6, § 3; 1950, ch. 122, § 2) was repealed by Acts 1954, ch. 214, § 16, effective July 1, 1954.

157.054. Allotment and distribution of equalization fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 17, § 4; 1949 (Ex. Sess.), ch. 6, § 4) was repealed by Acts 1954, ch. 214, § 16, effective July 1, 1954.

157.055. Rules governing administration and expenditure of equalization money by local boards; liability of local boards. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 17, § 5; 1949 (Ex. Sess.), ch. 6, § 5) was repealed by Acts 1954, ch. 214, § 16, effective July 1, 1954.

157.060. Reports of funds received and spent by school districts.

The officials of each educational institution and each school district supported in whole or in part from taxation shall make a report to the Kentucky Board of Education or the Kentucky Technical Education Personnel Board established in KRS 156.840 at the close of each scholastic year, showing in detail all funds received from the state and from all other sources during the year, and a detailed statement of all expenditures for the year.

History. 4370-5; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1988, ch. 361, § 13, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 169, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2003, ch. 29, § 20, effective June 24, 2003; 2013, ch. 59, § 47, effective June 25, 2013.

157.061. Annual audits of school districts.

The integrated technology-based communications system, established by KRS 156.670 , shall be used by the Department of Education to conduct internal fiscal, management, and compliance audits of each school district in the Commonwealth on an annual basis. A copy of the audit shall be submitted to the Legislative Research Commission, the Governor, and the Kentucky Board of Education.

History. Enact. Acts 1990, ch. 476, Pt. III, § 102, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

157.065. School breakfast program — Annual report by schools not offering — Annual report by commissioner on status of program.

  1. Any school that does not offer a school breakfast program shall submit an annual report no later than September 15 to the Kentucky Board of Education indicating the reasons for not offering the program. The report shall include the number of children enrolled at the school and the number of children who are eligible for free or reduced priced meals under the federal program.
  2. The state board shall inform the school of the value of the school breakfast program, its favorable effects on student attendance and performance, and the availability of funds to implement the program.
  3. The commissioner of education shall submit an annual report no later than December 1 to the Interim Joint Committee on Education and the Child Welfare Oversight and Advisory Committee established in KRS 6.943 regarding the status of the school breakfast program including, but not limited to, information describing the schools that do not offer the program, the reasons given by the schools for not offering the program, the number of children enrolled in each school, the number of children in each school who are eligible for free or reduced priced meals under the federal program, and the action taken by the state board to encourage schools to implement the program.

HISTORY: Enact. Acts 1994, ch. 364, § 1, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 2018 ch. 159, § 49, effective July 14, 2018.

157.067. Kentucky successful schools trust fund.

  1. To carry out the purpose of rewarding successful schools as provided in KRS Chapter 158, the Kentucky successful schools trust fund is hereby established in the Finance and Administration Cabinet. Funds appropriated by the General Assembly in each biennial budget for payments of rewards to successful schools shall be credited to the fund and invested until needed for payments to successful schools. All interest earned on moneys in the funds shall be retained in the fund for reinvestment.
  2. Upon certification of eligibility by the Kentucky Board of Education, the Finance and Administration Cabinet shall issue a warrant and the State Treasurer shall issue a check to the eligible school. All moneys credited to the fund, including interest, shall be used only for payments to eligible schools and shall not lapse, but shall be carried forward in the next biennial budget.

History. Enact. Acts 1990, ch. 476, Pt. III, § 103, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

157.069. Distribution of general funds for locally operated secondary area technology centers and vocational departments.

  1. As used in this section:
    1. “Secondary area technology center” or “secondary area center” means a school facility dedicated to the primary purpose of offering five (5) or more technical preparation programs that lead to skill development focused on specific occupational areas. An area center may be called a “magnet technology center” or “career center” or may be assigned another working title by the parent agency. An area center may be either state or locally operated; and
    2. “Vocational department” means a portion of a school facility that has five (5) or more technical preparation programs that lead to skill development focused on specific occupational areas.
  2. The Kentucky Department of Education shall distribute all general funds designated for locally operated secondary area centers and vocational departments, which have been receiving state supplemental funds prior to June 21, 2001, by a weighted formula, specified in an administrative regulation promulgated by the Kentucky Board of Education. The formula shall take into account the differences in cost of operating specific programs. The commissioner of education shall determine programs to be assigned to categories based on the descriptions found in paragraphs (a) to (c) of this subsection. Programs in Categories III and II shall be eligible for funding.
    1. Category III—High-cost technical programs: Programs in which students develop highly technical skills in specific occupational areas and that require high-cost equipment, materials, and facilities. This category may include selected industrial technology Level III programs as defined by the Department of Education and programs in other occupational areas as deemed appropriate;
    2. Category II—Technical skill programs: Programs in which students develop technical skills focused in occupational areas and that require technical equipment but high-cost equipment, facilities, or materials are not necessary to operate the programs. This category may include selected industrial technology Level III programs as defined by the Department of Education and programs in other occupational areas as deemed appropriate; and
    3. Category I—Orientation and career exploration programs: Programs that provide orientation and exploration of broad-based industries by giving students knowledge and experience regarding careers within these industries and develop some exploratory or hands-on skills used in the industry.
  3. For calculation purposes and after categorizing the programs as described in subsection (2) of this section, a weight shall be applied as a percentage of the base guarantee per pupil in average daily attendance as defined by KRS 157.320 under the Support Education Excellence in Kentucky Program, which shall be applied to full-time equivalent students in Categories II and III. Category I programs shall receive no weight. The full-time equivalent students shall be calculated on the basis of the total program enrollment divided by the length of the class period divided by six (6).
    1. If a school district has a locally operated secondary area center that has been receiving state supplemental funds, and the district moves the center as part of a collaborative project agreement between two (2) or more school districts, then the Kentucky Department of Education may, subject to approval by the commissioner of education, distribute the general funds designated for the district’s locally operated secondary area center to the district for the purpose of supporting the collaborative project for the district’s full-time equivalent students in Category II and III programs. (4) (a) If a school district has a locally operated secondary area center that has been receiving state supplemental funds, and the district moves the center as part of a collaborative project agreement between two (2) or more school districts, then the Kentucky Department of Education may, subject to approval by the commissioner of education, distribute the general funds designated for the district’s locally operated secondary area center to the district for the purpose of supporting the collaborative project for the district’s full-time equivalent students in Category II and III programs.
    2. If the commissioner of education approves the distribution of funds under paragraph (a) of this subsection:
      1. For the first year of the collaborative project agreement, the department shall distribute an amount equal to the final allotted amount of general funds from the prior fiscal year designated for the district’s locally operated secondary area center; and
      2. For any successive year of the collaborative project agreement, the department shall calculate the amount of general funds to distribute pursuant to subsections (2) and (3) of this section. The amount distributed shall not exceed the amount distributed under subparagraph 1. of this paragraph.

Notwithstanding paragraphs (a) and (b) of subsection (1) of this section, the Department of Education shall approve the combining of eligible secondary vocational programs into a single vocational department for purposes of funding for a school district that has been receiving state supplemental funds and has distributed its vocational programs, previously located in area centers, among magnet career academies.

History. Enact. Acts 2001, ch. 123, § 5, effective June 21, 2001; 2006, ch. 211, § 81, effective July 12, 2006; 2013, ch. 59, § 39, effective June 25, 2013; 2019 ch. 133, § 1, effective June 27, 2019.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (8) at 871.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (13) at 872.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (8) at 1060.

157.070. War orphans; aid to. [Repealed.]

Compiler’s Notes.

This section (4376b-11) was repealed by Acts 1954, ch. 214, § 16, effective July 1, 1954.

157.072. Career and technical education accessibility fund.

  1. For purposes of this section:
    1. “Career academy” means a small learning community within a larger high school that:
      1. Consists of a heterogeneous group of students taking classes together for at least two (2) years and who are taught by a team of teachers from different disciplines;
      2. Provides a college-preparatory academic curriculum based on a career theme that helps students see relationships and connections between academic subjects and their applications in specific career pathways and in broad career areas such as health science, business, pre-engineering, agribusiness, and advanced manufacturing; and
      3. Provides opportunities through partnerships with employers, colleges, and the community for students to engage in internships and work-based learning with adult mentors to motivate students to achieve;
    2. “Career guidance coach” means a person who is assigned one hundred percent (100%) of his or her time to:
      1. The development of students’, teachers’, and parents’ understanding of broad career themes and opportunities through career pathways;
      2. Academic advising and career counseling;
      3. Assisting students in the development of individual learning plans; and
      4. Providing assistance to other teachers;
    3. “Career pathway” means a coherent, articulated sequence of rigorous academic and career-related courses, commencing in ninth grade and leading to an associate degree, an industry-recognized certificate or license, or a baccalaureate or higher degree. A career pathway is developed, implemented, and maintained in partnership among secondary and postsecondary education institutions, businesses, and employers. Career pathways are available to all students, including adult learners, and are designed to lead to rewarding careers; and
    4. “Career pathway program of study” means a coherent, articulated sequence of rigorous academic and career and technical education courses, including dual credit opportunities, that prepares secondary students for postsecondary study leading to postsecondary degrees, industry certifications, or licensure.
  2. There is hereby created a trust and agency account to be known as the career and technical education accessibility fund, to be administered by the Kentucky Department of Education. The fund shall consist of proceeds from grants, federal funds, contributions, appropriations, or other moneys made available for the purposes of the fund. The fund shall provide grants to be used for:
    1. The development of career pathways and programs of study in high-demand occupational fields for students in middle schools and high schools; and
    2. The establishment of career academies in secondary schools. Each career academy shall employ general education faculty who teach the academic core content and career and technical education faculty who focus the majority of the content around a broad career area and, when possible, employ career guidance coaches to advise students. Career academies shall provide students an opportunity to earn a high school diploma and simultaneously earn postsecondary education credit. They shall also provide opportunities to earn industry certification in high-demand fields, including biotechnology, environmental sustainability, agriculture, health, engineering, information technology, and other emerging career areas.
  3. The grants may be used within a high school facility, career and technical education center, or in an area technology center.
  4. The programs may, based on written policies of the education institution in consultation with and approval of the Kentucky Community and Technical College System, serve adult learners who may have interrupted their secondary education and wish to reenter a program or adults who wish to pursue initial study in a career and technical education field.
  5. Funds shall be distributed through a grant program to eligible school districts and the Kentucky Tech System on a matching basis as funds are available.
  6. Financial gifts and in-kind contributions from any business or industry, a community college, or other entity may be accepted to meet the matching requirements based on criteria established by the Kentucky Board of Education.
  7. Pursuant to KRS Chapter 13A, the Kentucky Board of Education shall promulgate administrative regulations that specify the:
    1. Eligibility requirements for participation in the grant program. Low graduation rates, as determined in accordance with the methodology established by the National Center for Education Statistics, shall be high priority for participation in the grant program;
    2. Matching requirements;
    3. Application and review process;
    4. Accountability and data requirements for grant recipients;
    5. Procedures for the reallocation of any unused fund balance;
    6. Grant continuation requirements; and
    7. Other components essential to the implementation of this section.
  8. Notwithstanding KRS 45.229 , any unused balance in the career and technical education accessibility fund shall not lapse but shall be carried forward into the next fiscal year and used only for the purposes described in subsection (2) of this section. Any interest earnings of the fund shall become a part of the fund and shall not lapse. Moneys in the fund are hereby appropriated for the purposes set forth in this section.
  9. Schools receiving grants shall have an active local advisory council comprised of industry leaders and employers and postsecondary education faculty to provide input on long-range goals for career and technical education.
  10. Nothing in this section shall prohibit a school that has begun the implementation of a career pathway or a career academy prior to April 19, 2012, from qualifying for funds under this section.

History. Enact. Acts 2012, ch. 150, § 5, effective April 19, 2012.

Legislative Research Commission Note.

(4/19/2012). 2012 Ky. Acts ch. 150, sec. 10, provides that the Act, which included the creation of this statute, shall be known as the “Career Pathways Act of 2012.”

157.075. Differentiated compensation plans — Professional compensation fund — Department of Education recommendations on teacher compensation.

  1. For purposes of this section, “compensation” means the combination of base salary, salary supplements, and other benefits provided a teacher.
    1. A school district may develop differentiated compensation programs that provide additional compensation above the single salary schedule described in KRS 157.420 and defined in KRS 157.320 . Differentiated compensation plans shall have one (1) or more of the following purposes: (2) (a) A school district may develop differentiated compensation programs that provide additional compensation above the single salary schedule described in KRS 157.420 and defined in KRS 157.320 . Differentiated compensation plans shall have one (1) or more of the following purposes:
      1. To recruit and retain teachers in critical shortage areas;
      2. To help reduce the number of emergency certified teachers employed in the district;
      3. To provide incentives to recruit and retain highly skilled teachers to serve in difficult assignments and hard-to-fill positions;
      4. To provide career advancement opportunities for classroom teachers who voluntarily wish to participate; or
      5. To reward teachers for increasing their skills, knowledge, and instructional leadership within the district or school.
    2. The Kentucky Board of Education shall promulgate administrative regulations defining the factors that may be included in a differentiated compensation plan and procedures that shall be used in the development and approval of differentiated compensation plans.
    1. There is hereby established a professional compensation fund in the State Treasury. Beginning in the 2002-2004 biennium and thereafter, the fund shall be used to provide grants to school districts to pilot differentiated compensation programs for teachers. During the 2002-2004 biennium, the fund shall provide grants to at least five (5) school districts for a two (2) year period. The number of grants may increase or decrease based on the funds available and as deemed feasible by the Kentucky Department of Education. (3) (a) There is hereby established a professional compensation fund in the State Treasury. Beginning in the 2002-2004 biennium and thereafter, the fund shall be used to provide grants to school districts to pilot differentiated compensation programs for teachers. During the 2002-2004 biennium, the fund shall provide grants to at least five (5) school districts for a two (2) year period. The number of grants may increase or decrease based on the funds available and as deemed feasible by the Kentucky Department of Education.
    2. The district grants shall be used for one (1) or more of the purposes described in subsection (2)(a) of this section.
    3. The professional compensation fund may receive state appropriations, gifts, and grants from public and private sources, and federal funds. Any unallotted or unencumbered balances in the fund shall be invested as provided in KRS 42.500(9). Income earned from the investments shall be credited to the fund. Any fund balance at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year and continuously appropriated for the purposes specified in this section.
    4. The fund shall be administered by the Kentucky Department of Education and shall be distributed on the basis of criteria promulgated in an administrative regulation by the Kentucky Board of Education. The administrative regulation shall specify the maximum size of grants, the application and selection process, the obligations of the local board of education, the evaluation and data requirements, and other details as deemed necessary by the board.
  2. Upon request, the Kentucky Department of Education shall provide assistance to any district that wishes to develop a differentiated compensation program.
  3. During the 2002-2004 biennium, the Kentucky Department of Education shall gather information and summarize the characteristics and impact of the various differentiated compensation programs. By October 1, 2004, the department shall provide recommendations to the Interim Joint Committee on Education as to the feasibility of establishing a statewide teacher advancement program or other ideas for modifying teacher compensation.

History. Enact. Acts 2002, ch. 135, § 2, effective April 2, 2002.

157.077. Support for summer learning programs — Segregation and use of funds.

  1. As used in this section “summer learning program” and “summer learning camp” mean the program and camps established by KRS 158.865 to 158.867 .
  2. To the extent funds are appropriated by the General Assembly to support summer learning programs, those funds shall be distributed to each local district operating a summer learning program each year based on the average daily membership of the district’s summer learning camps for that year. In addition, any funds appropriated to support transportation of students to summer learning camps, shall be distributed based on the previous year per pupil calculation as determined under KRS 157.370 .
    1. Each school district operating a summer learning program shall establish and maintain a separate fund for each school where a summer learning camp is being held. The fund: (3) (a) Each school district operating a summer learning program shall establish and maintain a separate fund for each school where a summer learning camp is being held. The fund:
      1. Shall include any state appropriations specifically designated for the summer learning camp at the school, excluding Title I funds; and
      2. May include moneys from grants, donations from individuals and businesses, and proceeds from fundraising efforts to support the summer learning camp at the school.
    2. Funds in the accounts shall be used for personnel, field trips, and to purchase supplies, materials, and equipment for the summer learning camp.
    3. Any amounts remaining in an individual school fund at the end of the year shall be carried forward into the next year. If a school discontinues operation of its summer learning camp, the funds shall be transferred to another school in the district where a summer learning camp will be held. If there are no summer learning camps in the district, the funds may be used by the district to close the achievement gap for low-income students.

History. Enact. Acts 2012, ch. 131, § 4, effective July 12, 2012; 2020 ch. 112, § 8, effective July 15, 2020.

157.080. Method of paying aid; determination of eligibility. [Repealed.]

Compiler’s Notes.

This section (4376b-12) was repealed by Acts 1954, ch. 214, § 16, effective July 1, 1954.

157.090. Maximum allowed each child; vocational aid if surplus exists. [Repealed.]

Compiler’s Notes.

This section (4376b-13) was repealed by Acts 1954, ch. 214, § 16, effective July 1, 1954.

Textbooks

157.100. Funds for textbooks, programs, and instructional regulation for free distribution.

The Commonwealth of Kentucky shall provide funds for textbooks, programs, and other instructional materials that shall be distributed under an administrative regulation promulgated by the Kentucky Board of Education without cost to pupils attending grades kindergarten through twelve (12) of the public schools of the state, in the manner and upon the conditions set out in KRS 157.110 and 157.180 .

History. 4421c-1, 4421c-4; amend. Acts 1974, ch. 71, § 14; 1976, ch. 74, § 4, effective March 29, 1976; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 9, § 8, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 170, effective July 13, 1990; 1992, ch. 266, § 10, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 14, effective July 14, 2000.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Free Textbooks.
  3. — Payment.
1. Constitutionality.

Law providing for purchase and distribution of free textbooks by the state does not violate Ky. Const., § 49. State Board of Education v. Kenney, 230 Ky. 287 , 18 S.W.2d 1114, 1929 Ky. LEXIS 71 ( Ky. 1929 ).

2. Free Textbooks.
3. — Payment.

Free textbooks are to be paid for out of the general fund of the state. State Board of Education v. Kenney, 230 Ky. 287 , 18 S.W.2d 1114, 1929 Ky. LEXIS 71 ( Ky. 1929 ).

The purchase of free textbooks is not an “ordinary expense” of the government. State Board of Education v. Kenney, 230 Ky. 287 , 18 S.W.2d 1114, 1929 Ky. LEXIS 71 ( Ky. 1929 ).

Opinions of Attorney General.

The Kentucky Department of Education cannot furnish textbooks free for grades 1 through 8 to students attending private schools. OAG 72-73 .

A public school cannot use the withholding of grades, diplomas or records as a leverage to force a student to meet his obligations concerning property. OAG 82-386 .

Research References and Practice Aids

Cross-References.

Indigent children, board of education of school district may furnish free textbooks to, KRS 160.330 .

State Textbook Commission, adoption of books by, KRS 156.405 to 156.445 .

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

Northern Kentucky Law Review.

Comments, Separation of Church and State: Education and Religion in Kentucky, 6 N. Ky. L. Rev. 125 (1979).

157.110. Determination of grades and subjects to be provided with textbooks — Rental of textbooks — Free textbooks for certain students.

  1. In the purchase and distribution of textbooks for grades nine (9) through twelve (12), if sufficient funds are not available to furnish textbooks for all four (4) grades, the chief state school officer, subject to the approval of the Kentucky Board of Education, shall determine for what grades and subjects textbooks shall be provided.
  2. Local school districts, which do not provide a free textbook program for all students in grades nine (9) through twelve (12), shall establish, pursuant to Kentucky Board of Education administrative regulations, a process whereby pupils in grades nine (9) through twelve (12) may rent textbooks for a reasonable fee. Rental fees collected by the district shall be used for the maintenance of textbooks, the purchase of new textbooks, and the provision of free textbooks to pupils in grades nine (9) through twelve (12) who are unable to rent or purchase textbooks.
  3. No pupil shall be denied the use of textbooks due to an inability to rent or purchase them. Local school districts shall establish, pursuant to Kentucky Board of Education administrative regulations, a process by which to provide free textbooks to pupils unable to rent or purchase them, including a process by which those students shall be informed of the availability of, and guidelines and procedures for, obtaining free textbooks.
  4. The Kentucky Board of Education shall adopt administrative regulations to insure the availability of free textbooks to those pupils in grades nine (9) through twelve (12) who are unable to rent or purchase textbooks and shall use the guidelines of the free and reduced price lunch programs to determine inability to rent or purchase textbooks. The regulations shall also provide for exceptional circumstances, under which pupils who do not meet free and reduced price lunch guidelines may be provided free textbooks.

History. 4421d-1; amend. Acts 1974, ch. 71, § 15; 1976, ch. 74, § 5, effective March 29, 1976; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 154, § 5, effective July 15, 1982; 1986, ch. 462, § 1, effective July 15, 1986; 1990, ch. 476, Pt. IV, § 171, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

157.120. Requisitions for books — Shipments — Invoices. [Repealed.]

Compiler’s Notes.

This section (4421c-4, 4421c-5; amend. Acts 1974, ch. 71, § 16, effective March 13, 1974; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 172, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996) was repealed by Acts 2000, ch. 419, § 20, effective July 14, 2000.

157.130. Regulations governing textbooks. [Repealed.]

Compiler’s Notes.

This section (4421c-7, 4421c-11, 4421d-1; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 173, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996) was repealed by Acts 2000, ch. 419, § 20, effective July 14, 2000.

157.140. Responsibility for books not returned — Enforcement.

Each pupil, or his parent or guardian, shall be responsible to the teacher for all books not returned by the pupil, and a pupil not returning all books delivered to him shall not be entitled to the benefits of KRS 157.100 to 157.180 until the books are paid for by the pupil, or his parent or guardian, or accounted for in keeping with the regulations of the Kentucky Board of Education.

History. 4421c-11; amend. Acts 1966, ch. 184, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 174, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Opinions of Attorney General.

A public school cannot use the withholding of grades, diplomas or records as a leverage to force a student to meet his obligations concerning property. OAG 82-386 .

The effect of this section is to prohibit the issuing of additional textbooks to a student who has not returned or paid for books previously issued. OAG 82-386 .

157.145. Rebinding of textbooks.

The chief state school officer shall each year cause textbooks that have not been made obsolete by new adoptions and that are in need of, and have valid content justifying rebinding, to be rebound by entering into a contract with a bindery who will perform services for districts within the Commonwealth of Kentucky at a state contract price.

History. Enact. Acts 1956, ch. 178, §§ 1 to 3; 1974, ch. 71, § 17, effective March 13, 1974; 1982, ch. 154, § 6, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 175, effective July 13, 1990; 2000, ch. 419, § 15, effective July 14, 2000.

157.150. Textbooks property of state.

All textbooks purchased under the provisions of KRS 157.100 shall be the property of the state. Each superintendent shall be custodian of the books in the district. The superintendent shall issue the books to the various schools in the district according to an administrative regulation promulgated by the Kentucky Board of Education.

History. 4421c-6; amend. Acts 1974, ch. 71, § 18, effective March 13, 1974; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 176, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 16, effective July 14, 2000.

157.160. Sale of obsolete textbooks.

The chief state school officer, subject to the approval of the Kentucky Board of Education, shall promulgate an administrative regulation for the disposal of textbooks and programs that will no longer be used for instruction. Each superintendent may make obsolete books and materials available to the residents of his district. He may publicize in the newspaper the availability of the books and materials and the procedure for obtaining them in accordance with this section. Any funds accruing from the sale of the books and materials shall be paid into the local district’s account.

History. 4421c-8; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 154, § 7, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 177, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 17, effective July 14, 2000.

157.170. Administrative regulations for sale of books and materials for private use.

The chief state school officer, subject to the approval of the Kentucky Board of Education, shall promulgate an administrative regulation governing the sale of books and materials by superintendents to pupils, parents, or guardians of pupils attending the public schools of the state who desire to hold books and materials as their own property. Superintendents shall not sell books and materials to private or sectarian schools. Books and materials sold under this section shall be sold at the retail contract price. Funds accruing from the sales shall be paid into the local district’s account.

History. 4421c-9; amend. Acts 1974, ch. 71, § 19, effective March 13, 1974; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 178, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 18, effective July 14, 2000.

157.180. School furniture or supplies not to be sold by teachers or employees distributing books.

No teacher or school employee engaged in the distribution of textbooks under the provisions of KRS 157.100 to 157.170 shall sell, distribute, or in any way deal in any kind of school furniture or supplies for use in any public schools.

History. 4421c-7; amend. Acts 1990, ch. 476, Pt. IV, § 179, effective July 13, 1990.

157.190. Funds for textbooks, programs, and instructional materials for children in specified facilities.

The Kentucky Department of Education shall cooperate with the Kentucky Educational Collaborative for State Agency Children to distribute funds for textbooks, programs, and instructional materials for use by children placed in facilities and programs operated or contracted by the Department of Juvenile Justice or the Cabinet for Health and Family Services’ residential, day treatment, clinical, and group home programs.

History. Enact. Acts 1942, ch. 24, §§ 1 to 4; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 9, § 9, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 180, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 419, § 19, effective July 14, 2000; 2005, ch. 99, § 129, effective June 20, 2005.

Special Educational Programs

157.195. Legislative findings on students’ right to quality education.

The General Assembly declares that all students of the Commonwealth have a right to an appropriate and quality education in the public schools and the right to achieve the capacities under KRS 158.645 . The General Assembly challenges all school personnel to take the necessary action to help each individual student complete elementary and secondary school with the capacities to transition successfully to adult life.

History. Enact. Acts 1998, ch. 514, § 1, effective July 15, 1998.

Research References and Practice Aids

Northern Kentucky Law Review.

ADA Amendments Issue: Article: Education for Americans with Disabilities: Reconciling IDEA with the 2008 ADA Amendments, 37 N. Ky. L. Rev. 389 (2010).

157.196. Individual education plan for exceptional children — Administrative regulations.

  1. The General Assembly declares that parents play a critical role in the education of their students. Parents have a major responsibility to assist in the education of their students and deserve respect and meaningful involvement in the decision-making process related to the students’ education.
  2. Each exceptional student as defined in KRS 157.200 shall have an individual education plan that shall serve as the centerpiece of the student’s educational career and the communication vehicle between the parents and school personnel. The plan shall enable the parents and school personnel to decide the student’s educational needs, the services needed to achieve those needs, and the anticipated results. The plan shall be used as a document to monitor the student’s progress. School personnel shall provide the parents with reports of the progress toward the student’s annual goals at least as often as report cards go to nondisabled students.
  3. The Kentucky Board of Education shall promulgate administrative regulations establishing procedures for the development and monitoring of individual education plans that are in compliance with the Federal Individuals with Disabilities Education Act, as amended. These administrative regulations shall be written in clear, easily understood language that is free of education jargon.

History. Enact. Acts 1998, ch. 514, § 2, effective July 15, 1998.

Research References and Practice Aids

Kentucky Bench & Bar.

Quinn, Education Law: Education of Gifted Students in Kentucky. Vol. 72, No. 6, November 2008, Ky. Bench & Bar 25.

157.197. Kentucky Special Education Mentor Program — Criteria.

  1. The Kentucky Board of Education shall promulgate administrative regulations to establish the criteria for the Kentucky Special Education Mentor Program that shall be implemented by July 1, 1999. The designation of “Kentucky Special Education Mentor” shall be given to the state’s most outstanding and highly skilled persons who are certified to teach or administer special education and who are willing to accept assignments in districts whose special education programs are found to be noncompliant with state or federal requirements. The assignments shall require the mentor to:
    1. Work in a district or school on a full-time or part-time basis for a designated period of time to assist the staff with creating and implementing its special education improvement plan as required in KRS 157.224 . The mentor shall have the authority to review and amend decisions previously made by the district or school staff. If a highly skilled educator under KRS 158.782 is assigned to the same site as the mentor, they shall share responsibilities under policy of the Department of Education;
    2. Help to increase the effectiveness of the staff, parents, the civic and business community, and government and private agencies in improving the school’s performance with exceptional students and other students at risk of school failure;
    3. Evaluate and make recommendations on the retention, dismissal, or transfer of certified staff in a noncompliant district or school;
    4. Recommend up to ten (10) additional work days annually to be paid for by the Department of Education for personnel in affected schools who work with exceptional students for planning, working with parents and guardians, curriculum development, or other activities that will help the district or school meet the goals of its improvement plan; and
    5. Complete an intensive training program, provided by the Department of Education and approved by the Kentucky Board of Education, prior to being assigned to assist a district’s or school’s staff with creating and implementing its district or school improvement plan. The training program shall include but not be limited to instruction in the methods of personnel evaluation, district or school organization, curriculum, and assessment. The training shall be made available to local district personnel on a cost recovery basis.
  2. The Kentucky Special Education Mentor Program criteria shall include:
    1. A selection process that shall allow for self nomination, provide for a broad spectrum of instructional positions, and generate statewide representation. Nominations of qualified special educators who have retired since July 1, 1994, shall be considered. Special education professionals and representatives of various advocacy and constituent groups shall be included in the development of the selection process and the review of applicants;
    2. Each recipient shall receive a monetary award of two hundred fifty dollars ($250) when selected and shall also be paid in accordance with his or her current salary for other program requirements requiring additional days of employment under subsection (1) of this section. The Department of Education shall be responsible for all expenses incurred as a result of the Kentucky Special Education Mentor Program, except those expenses associated with the funding of the position of the person who replaces the Kentucky Special Education Mentor when that person is assigned to a noncompliant school or district;
    3. The Kentucky Special Education Mentor assigned to a noncompliant district or school shall receive a salary supplement of thirty-five percent (35%) of their base annual salary for each year of service in that capacity. Retired mentors shall be paid for their rank and experience on the district’s salary schedule plus the salary supplement. The state board shall determine if reimbursement for vehicle mileage shall be allowed. If the assigned school achieves the threshold level in the next biennial review, the mentor shall receive his or her portion of the reward due to the entire staff calculated on his or her base salary regardless of decisions made by the school staff under KRS 158.6455 ;
    4. The Kentucky Special Education Mentor shall be granted professional leave under KRS 161.770 for up to two (2) years if determined by the state board to be necessary. Kentucky Special Education Mentors shall not lose any employee benefits as a result of their special assignments to a school or district; and
    5. A Kentucky Special Education Mentor shall not be assigned to a school or to a district assignment in the district in which the educator is employed.

History. Enact. Acts 1998, ch. 514, § 3, effective July 15, 1998.

Legislative Research Commission Note.

(7/15/98). Although 1998 Ky. Acts ch. 514, sec. 3, contained a citation to “Section 5 of [the] Act” (codified at KRS 157.200 ), it is clear from context that Section 6 (codified at KRS 157.224 ) was intended. This latter reference has been used for codification under KRS 7.136(1)(h).

157.198. Dyslexia trust fund.

  1. There is created a dyslexia  trust fund administered by the Kentucky Department of Education.
  2. The dyslexia trust fund  may receive appropriations, federal funds, contributions, gifts, and  donations.
  3. The purpose of the dyslexia trust fund  shall be to finance grants to local school districts for support of  students identified with the characteristics of dyslexia.
  4. Notwithstanding KRS 45.229 , moneys remaining in the fund at the close of a fiscal  year shall not lapse but shall carry forward into the succeeding fiscal  year. Interest earned on any moneys in the fund shall accrue to the  fund. Amounts from the fund shall be disbursed and expended in accordance  with this section.
  5. The Department of Education shall submit  on an annual basis a report detailing all expenditures under this  section to the Kentucky Board of Education and the General Assembly.

HISTORY: 2018 ch. 206, § 1, effective January 1, 2019.

157.200. Definitions for KRS 157.200 to 157.290.

  1. “Exceptional children and youth” means persons under twenty-one (21) years of age who differ in one (1) or more respects from same-age peers in physical, mental, learning, emotional, or social characteristics and abilities to such a degree that they need special educational programs or services for them to benefit from the regular or usual facilities or educational programs of the public schools in the districts in which they reside. The Department of Education, through administrative regulations promulgated by the Kentucky Board of Education, shall interpret the statutory definitions of exceptionality. An exceptionality is any trait so defined in this section or by administrative regulations promulgated by the Kentucky Board of Education. Requirements of average daily attendance for exceptional classes shall be regulated by statute, or in the absence of direction by administrative regulations promulgated by the Kentucky Board of Education. Categories of exceptionalities included within, but not limited by, this definition are as follows:
    1. “Orthopedic impairment” means a severe physical impairment of bone or muscle which adversely affects educational performance to the extent that specially designed instruction is required for the pupil to benefit from education. The term includes physical impairments caused by congenital anomaly, disease, and from other causes;
    2. “Other health impaired” means limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, due to a chronic or acute health problem which adversely affects educational performance to the extent that specially designed instruction is required for the pupil to benefit from education. Chronic health problems may include, but are not be limited to, a heart condition, tuberculosis, sickle cell anemia, hemophilia, epilepsy, rheumatic fever, nephritis, asthma, lead poisoning, leukemia, diabetes, attention deficit disorder, attention deficit hyperactive disorder, or acquired immune deficiency syndrome;
    3. “Speech or language impairment” means a communication disorder such as stuttering, impaired articulation, impaired language, impaired voice, delayed acquisition of language, or absence of language that adversely affects educational performance to the extent that specially designed instruction is required for the pupil to benefit from education;
    4. “Hearing impairment” means a physiological hearing loss:
      1. Ranging from mild to profound, which is either permanent or fluctuating, and of such a degree that the pupil is impaired in the processing of linguistic information via the auditory channel either with or without amplification; or
      2. That adversely affects educational performance so that specially designed instruction is required for the child or youth to benefit from education.
    5. “Mental disability” means a deficit or delay in intellectual and adaptive behavior functioning, which adversely affects educational performance to the extent that specially designed instruction is required for the pupil to benefit from education, and which is typically manifested during the developmental period;
    6. “Specific learning disability” means a disorder in one (1) or more of the psychological processes primarily involved in understanding or using spoken or written language, which selectively and significantly interferes with the acquisition, integration, or application of listening, speaking, reading, writing, reasoning, or mathematical abilities. “Specific learning disability” may include conditions such as dyslexia, dyscalculia, dysgraphia, developmental aphasia, or perceptual motor disabilities. The disorder is lifelong, intrinsic to the individual, and adversely affects educational performance to the extent that specially designed instruction is required in order for the pupil to benefit from education. Determination of the existence of a specific learning disability shall include documentation that a child does not make sufficient progress in meeting age or grade-level content standards when provided with appropriate instruction and learning experiences delivered by qualified personnel, including the child’s response to scientific, research-based interventions and additional information derived from an individual evaluation. The term does not include a learning problem which is primarily the result of:
      1. A hearing impairment;
      2. Visual, physical, mental, or emotional-behavioral disabilities;
      3. Environmental, cultural, or economic differences; or
      4. Limited English proficiency;
    7. “Emotional-behavioral disability” means a condition characterized by behavioral excess or deficit which significantly interferes with a pupil’s interpersonal relationships or learning process to the extent that it adversely affects educational performance so that specially designed instruction is required in order for the pupil to benefit from education;
    8. “Multiple disability” means a combination of two (2) or more disabilities resulting in significant learning, developmental, or behavioral and emotional problems, which adversely affects educational performance and, therefore, requires specially designed instruction in order for the pupil to benefit from education. A pupil is not considered to have a multiple disability if the adverse effect on educational performance is solely the result of deaf-blindness or the result of speech or language disability and one (1) other disabling condition;
    9. “Deaf-blind” means auditory and visual impairments, the combination of which creates such severe communication and other developmental and learning needs that the pupil cannot be appropriately educated in special education programs designed solely for pupils with hearing impairments, visual impairments, or severe disabilities, unless supplementary assistance is provided to address educational needs resulting from the two (2) disabilities;
    10. “Visually disabled” means a visual impairment, which, even with correction, adversely affects educational performance to the extent that specially designed instruction is required for the pupil to benefit from education. The term includes both partially seeing and blind pupils;
    11. “Developmental delay” means a significant discrepancy between a child’s current level of performance in basic skills such as cognition, language or communication, self-help, social-emotional, or fine or gross motor, and the expected level of performance for that age. The term shall be used only with children ages three (3) through eight (8);
    12. “Traumatic brain injury” means an acquired impairment to the neurological system resulting from an insult to the brain which adversely affects educational performance and causes temporary or permanent and partial or complete loss of:
      1. Cognitive functioning;
      2. Physical ability; or
      3. Communication or social-behavioral interaction.
    13. “Autism” means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three (3), that adversely affects educational performance. Characteristics of autism include:
      1. Engagement in repetitive activity and stereotyped movement;
      2. Resistance to environmental change or change in daily routine; and
      3. Unusual responses to sensory experience.
    14. “Gifted and talented student” means a pupil identified as possessing demonstrated or potential ability to perform at an exceptionally high level in general intellectual aptitude, specific academic aptitude, creative or divergent thinking, psychosocial or leadership skills, or in the visual or performing arts.
  2. “Special education” means specially designed instruction to meet the unique needs of an exceptional child or youth.
  3. “Special educational facilities” means physical facilities designed or adapted to meet the needs of exceptional children and youth, and approved according to regulations promulgated by the Kentucky Board of Education.
  4. “Related services” means transportation and the developmental, corrective, and other supportive services required to assist an exceptional child or youth to benefit from special education, and may include, but are not limited to, speech-language pathology and audiology services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; early identification and assessment of disabilities; counseling services, including rehabilitation counseling; orientation and mobility services; medical services for diagnostic or evaluation purposes; school health services; social work services in schools; and parent counseling and training.
  5. “Transition services” means a coordinated set of activities for a pupil designed within an outcome-oriented process, that promotes movement from school to postschool activities. The term includes:
    1. Postsecondary education;
    2. Vocational training; and
    3. Integrated employment, including supported employment, continuing and adult education, adult services, independent living, or community participation.

The term shall include both deaf and hard of hearing children;

The term does not include a brain injury that is congenital or degenerative, or a brain injury induced by birth trauma;

The term does not include children with characteristics of an emotional-behavioral disability; and

The coordinated set of activities shall be based on the individual pupil’s needs, taking into account the pupil’s preferences and interests, and shall include instruction, community experience, the development of employment, and other postschool adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation.

History. Enact. Acts 1948, ch. 4, § 1; 1956, ch. 162, § 1; 1962, ch. 169, § 1; 1970, ch. 46, § 1; 1972, ch. 16, § 1; 1974, ch. 53, § 1; 1976, ch. 345, § 2; 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 183, § 7, effective July 15, 1980; 1980, ch. 286, § 1, effective July 15, 1980; 1990, ch. 476, Pt. IV, § 282, effective July 13, 1990; 1992, ch. 377, § 1, effective July 14, 1992; 1994, ch. 280, § 1, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 514, § 5, effective July 15, 1998; 2001, ch. 95, § 2, effective June 21, 2001; 2012, ch. 45, § 2, effective July 12, 2012.

NOTES TO DECISIONS

Cited:

Tilton v. Jefferson County Bd. of Education, 705 F.2d 800, 1983 U.S. App. LEXIS 28721 (6th Cir. 1983), cert. denied, 465 U.S. 1006, 104 S. Ct. 999, 79 L. Ed. 2d 231, 1984 U.S. LEXIS 880, 52 U.S.L.W. 3550 (1984).

Opinions of Attorney General.

Foundation program funds authorized by the Legislature for the education of handicapped children may be paid for children who are under six (6) years of age. OAG 72-294 .

The 1972 amendment to this section raises no question as to the constitutionality of this statute. OAG 72-343 .

A board of education may contract with a private institution for services for a child who is classified as an exceptional or handicapped child pursuant to KRS 157.240 (now repealed). OAG 72-561 .

A board of education may enter a contract with a parochial school to educate children handicapped with dyslexia. OAG 72-733 .

Where the first district finds a child to be unable to attend school based on KRS 159.030 , there is nothing to require the second school district to require the evaluation described under KRS 159.030 (3) (now 159.030(2)) prior to enrollment; nevertheless, the child may qualify for evaluation for special education services under KRS 157.200 through 157.290 . OAG 91-171 .

To be eligible for Medicaid reimbursement for speech pathology services under federal regulations, a provider must either be or work under the direction of a speech pathologist. A speech pathologist under federal regulations must have American Speech and Hearing Association certification or its equivalent or have a master’s degree in speech-language pathology and be in the process of acquiring the necessary work experience for such certification. The application of this standard to persons certified by the Education Professional Standards Board must be determined on a case-by-case basis. OAG 2008-04 .

Research References and Practice Aids

Kentucky Bench & Bar.

Richardson, Alphabet Soup: Finding Your Way Through Special Education in the 90’s, Vol. 59, No. 4, Fall 1995, Ky. Bench & Bar 13.

Quinn, Education Law: Education of Gifted Students in Kentucky. Vol. 72, No. 6, November 2008, Ky. Bench & Bar 25.

157.210. Division of Special Education for Handicapped Children; duties and functions; director; assistants. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 4, § 2) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. II, § 8.

157.220. Functions of Department of Education in special education programs.

  1. The Department of Education is hereby designated as the agency for cooperation with the state and federal government agencies, the nonpublic school programs and local schools of Kentucky in carrying out the provisions of KRS 157.200 to 157.280 . The Kentucky Board of Education shall make necessary rules and regulations in keeping with the provisions of KRS 157.200 to 157.280 for their proper administration, including but not limited to establishment of classes, eligibility and admission of pupils, the curriculum, class size limitations, housing, special equipment, and instructional supplies.
  2. The Department of Education is authorized to receive contributions and donations that may be made to carry out the provisions and requirements of KRS 157.200 to 157.280 .
  3. Local supervision of special educational facilities for exceptional children shall be approved by the Department of Education according to rules and regulations approved by the Kentucky Board of Education.

History. Enact. Acts 1948, ch. 4, § 3; 1962, ch. 169, § 2; 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 286, § 2, effective July 15, 1980; 1984, ch. 128, § 2, effective July 13, 1984; 1990, ch. 476, Pt. IV, § 181, effective July 13, 1990; 1994, ch. 376, § 5, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996.

157.221. Office of education for exceptional children — Functions — Duties of State Board for Elementary and Secondary Education. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 15, § 1; 1976, ch. 345, § 3; 1978, ch. 155, § 99, effective June 17, 1978; 1980, ch. 286, § 3, effective July 15, 1980, ch. 128, § 3, effective July 13, 1984) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

157.222. Advisory task forces for special education. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 47, § 1) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

157.224. Statewide plan for exceptional education programs — Annual applications and reports — Improvement plan — Special education trust fund — Administrative hearings.

  1. The Commonwealth of Kentucky is committed to providing a comprehensive educational program for its exceptional children and youth. The Department of Education coordinates, directs, and monitors that program. State direction and implementation of a statewide special education program is manifested in the biennial appropriation of funds to assure a quality educational opportunity for exceptional children and youth in existing, locally operated, classrooms.
  2. All county and independent boards of education shall operate special education programs pursuant to an annual application which has been approved by the Kentucky Department of Education pursuant to standards set out in administrative regulations promulgated by the Kentucky Board of Education. If any county or independent board of education fails to operate and implement special education programs in accordance with the standards, the application of the county or independent board of education for funding pursuant to KRS 157.360 may be considered insufficient and the add-on funds generated under that statute may be withheld by the Kentucky Board of Education until the program is in compliance with all substantive requirements designed to ensure that students with disabilities receive an appropriate education under the Federal Individuals with Disabilities Education Act, as amended. The add-on funds shall not be withheld until the district has had the benefit of intense assistance from the Department of Education, a Kentucky Special Education Mentor under the provisions of KRS 157.197 or other assistance approved by the department for at least two (2) years. The superintendent of each local school district shall certify its enrollment of exceptional children and youth to the Department of Education. The department shall audit student enrollment and monitor local district compliance in accordance with Kentucky Board of Education administrative regulations.
  3. The Kentucky Board of Education administrative regulations shall set forth the data local school districts shall submit in their annual applications and reports. The data shall be reported in the same format as data submitted to the Department of Education for all other students and shall include, but not be limited to:
    1. The number of students who are suspended, expelled, and quit school annually;
    2. The success of students placed in various classroom settings including, but not limited to, regular classrooms, resource rooms, self-contained classrooms, and vocational programs as measured by the state assessment program; and
    3. Information about students’ successful transition to adult life.
  4. Local school districts and schools found to be noncompliant with state board administrative regulations shall develop an improvement plan that shall be submitted to the Department of Education for approval. Local school districts shall use specialized resources in the development of the plan which may include universities, regional resource centers, professional organizations, and constituent advocacy groups.
  5. There is hereby created a special education trust fund to receive the funds withheld under subsection (2) of this section and interest accrued from the funds invested. The funds and interest shall not lapse, but shall be returned to the district when it is in compliance with all substantive requirements designed to ensure that students with disabilities receive an appropriate education under the Federal Individuals with Disabilities Education Act, as amended.
  6. All administrative hearings conducted under authority of this section shall be conducted in accordance with KRS Chapter 13B. The provisions of KRS Chapter 13B notwithstanding, the decision of the hearing officer in hearings under this section shall be the final order and shall be rendered pursuant to 34 C.F.R. 300.511. A parent, public agency, or eligible student may only request the administrative hearing within three (3) years of the date the parent, public agency, or eligible student knew about the alleged action that forms the basis for the complaint, unless a longer period is reasonable because the violation is continuing. This three (3) year limit shall not limit the introduction of evidence older than three (3) years if the evidence is relevant to the complaint and shall not apply to the parent or the eligible student if the parent or eligible student was prevented from requesting the hearing due to:
    1. Failure of the local educational agency to provide prior written or procedural safeguards notices;
    2. False representations that the local educational agency was attempting to resolve the problem forming the basis of the complaint; or
    3. The local educational agency’s withholding of information relevant to the hearing issues from the parent.

History. Enact. Acts 1970, ch. 47, § 4; 1976, ch. 345, § 4; 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 286, § 4, effective July 15, 1980; 1984, ch. 128, § 4, effective July 13, 1984; 1990, ch. 476, Pt. IV, § 182, effective July 13, 1990; 1992, ch. 377, § 2, effective July 14, 1992; 1996, ch. 318, § 47, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 514, § 6, effective July 15, 1998; 2004, ch. 124, § 1, effective July 13, 2004.

Compiler’s Notes.

The Federal Individuals with Disabilities Education Act referenced in subdivision (5) is compiled as 20 USCS §§ 1400 et seq.

Opinions of Attorney General.

Where the parents of an exceptional school age child were opposed to the child’s attendance in a county T.M.R. unit, the dispute over the child’s placement was a proper subject for a due process hearing authorized by State Board of Education regulations. OAG 76-507 .

Although, for the year 1987-1988, the General Assembly funded 4360 classroom units for special education students, which was approximately 683 units less than the number requested or anticipated by the local school district, this level of funding by the General Assembly did not violate this section or KRS 157.310 . OAG 88-17 .

157.226. Preschool program for disabled children. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 476, Pt. I, § 17, effective July 13, 1990; 1992, ch. 377, § 3, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996) was repealed by Acts 2013, chs. 86, § 2, and 102, § 2, effective June 25, 2013.

157.230. Special educational programs of school districts.

School boards of any school district subject to the provisions of KRS 157.200 to 157.280 , shall establish and maintain special educational programs for exceptional children who are residents of their school district, or contract for programs as may be authorized by KRS 157.280 .

History. Enact. Acts 1948, ch. 4, § 4; 1956, ch. 162, § 2; 1962, ch. 169, § 3; 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 286, § 5, effective July 15, 1980; 1982, ch. 119, § 1, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 378, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 4, § 4; 1956, ch. 162, § 2; 1962, ch. 169, § 3; 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 286, § 5, effective July 15, 1980; 1982, ch. 119, § 1, effective July 15, 1982) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 378, effective July 13, 1990.

Opinions of Attorney General.

If a factual determination were to be made that a proposed United Cerebral Palsy school would furnish an approved program for the instruction of exceptional children and that such a program was needed by the local school board, the board could execute a lease of property for such a school for the nominal sum of $1.00 per year. OAG 70-805 .

Exceptional children who are residents of a private nonsectarian institution may be instructed in the institution, either in a leased or donated room, by a public school teacher. OAG 74-681 .

Pursuant to KRS 157.270 , a local board of education is required to provide home training for exceptional children, but an institutional home, standing in loco parentis for exceptional children, cannot under this section legally require a school district to establish and maintain special education classes for its inmates. OAG 74-681 .

A school district is not required to pay any part of a private placement of a handicapped child so long as the public school district is and remains committed to providing a free appropriate education for that handicapped child within the public schools; thus, if the parents of a handicapped child unilaterally place their child in an out-of-state residential school without first pursuing their statutory and regulatory remedies in their local school district, the school district would not be required to pick up any of the cost of the private education selected by the parents. OAG 83-184 .

Research References and Practice Aids

Kentucky Bench & Bar.

Quinn, Education Law: Education of Gifted Students in Kentucky. Vol. 72, No. 6, November 2008, Ky. Bench & Bar 25.

Northern Kentucky Law Review.

ADA Amendments Issue: Article: Education for Americans with Disabilities: Reconciling IDEA with the 2008 ADA Amendments, 37 N. Ky. L. Rev. 389 (2010).

157.240. Determination of status of child as physically or mentally handicapped. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 4, § 5; 1962, ch. 169, § 4) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

157.250. Certification requirement for teachers — Exception.

No person shall be employed to teach or serve as special education coordinator, director, supervisor, or other special education administrator in any special education program authorized by KRS 157.200 to 157.290 unless he holds certification as required by the Education Professional Standards Board. However, any teacher or administrator serving on July 14, 1992, in the affected position who has had satisfactory evaluations of his performance in that position during his time of service shall be excluded from the requirement of this section.

History. Enact. Acts 1948, ch. 4, § 6; 1962, ch. 169, § 5; 1978, ch. 155, § 82, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 379, effective July 13, 1990; 1992, ch. 377, § 4, effective July 14, 1992.

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 4, § 6; 1962, ch. 169, § 5; 1978, ch. 155, § 82, effective June 17, 1978) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 379, effective July 13, 1990.

157.260. Annual reports of disabled children by school districts.

Each school district shall ascertain annually all children within the district who are disabled and shall report to the Department of Education on forms provided by the Department of Education and according to administrative regulations promulgated by the Kentucky Board of Education.

History. Enact. Acts 1948, ch. 4, § 7; 1962, ch. 169, § 6; 1990, ch. 476, Pt. IV, § 183, effective July 13, 1990; 1992, ch. 377, § 5, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996.

157.270. Instruction in child’s home or hospital. [Renumbered]

History. Enact. Acts 1948, ch. 4, § 8, 1962, ch. 169, § 7; 1974, ch. 293, § 1; 1984, ch. 111, § 178, effective July 13, 1984; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 380, effective July 13, 1990; renumbered to § 158.033 by 2020 ch. 104, § 1, effective July 15, 2020.

157.280. Special education program furnished by district other than that of child’s residence, or privately — Sharing costs — Transportation — Transportation to and from state schools for the deaf and blind.

  1. If the number of children of school age in one (1) classification of exceptionality in a district is not sufficient to justify a special education program for that exceptionality in that district, or if a school district does not provide a special education program for that exceptionality, the board shall provide a program by contract with another county or independent district or private organization that maintains a special education program approved by the Kentucky Board of Education for that exceptionality. When a district or private organization undertakes, under operation of a tuition contract or of law, to provide in its classes for these pupils residing in another district, the district of residence of these pupils shall share the total cost of the special education program in proportion to the number of pupils or in accordance with contract agreement between the two (2) districts or district and private organization.
  2. If a local school district’s admissions and release committee determines that a child requires placement in a special education program operated by another county or independent district or private organization, the resident local school district shall assume responsibility for the payment of the costs incurred in educating the child. The school board of the school district in which any child resides shall pay for his transportation to and from the program in the other school district or to the private organization. However, if the school board of the other district or the private organization providing the program also provides transportation, the cost of transportation shall be included in the total cost.
  3. If a local school district’s admission and release committee determines that the local school district has an appropriate educational program for a child and a parent chooses to place the child in a program or facility in another county or independent district or private organization, the parent shall assume responsibility for payment of the costs incurred in educating the child.
  4. If a child of school age is admitted for resident instruction at the Kentucky School for the Deaf or the Kentucky School for the Blind, under regulation of the Kentucky Board of Education and under provisions of KRS 167.015 to 167.170 , the district in which the child resides shall provide transportation to and from the school on a regularly scheduled basis, at weekly intervals while the child is enrolled, either by individual district or in cooperation with other school districts on a regional basis, as approved by the Kentucky Board of Education upon recommendation of the chief state school officer. Students who live more than two hundred (200) miles from either school shall not be required to go home more than twice each month. The Kentucky Board of Education shall promulgate administrative regulations to set forth the transportation schedule and the weekend activities for students who remain at school.
  5. If a child of school age is admitted as a day school pupil for instruction at the Kentucky School for the Deaf or the Kentucky School for the Blind, under regulation of the Kentucky Board of Education and under provisions of KRS 167.015 to 167.150 , the district in which the child resides may provide transportation to and from the school on a daily basis, either by individual district or in cooperation with other school districts on a regional basis, as approved by the Kentucky Board of Education upon recommendation of the chief state school officer. School districts providing this transportation shall be reimbursed from the transportation fund of the foundation program at the same rate per trip as that which is calculated under subsection (4) of this section.

History. Enact. Acts 1948, ch. 4, § 9; 1962, ch. 169, § 8; 1974, ch. 79, § 1; 1976, ch. 271, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 286, § 7, effective July 15, 1980; 1982, ch. 119, § 2, effective July 15, 1982; 1982, ch. 358, § 1, effective July 15, 1982; 1986, ch. 225, § 1, effective July 15, 1986; 1990, ch. 108, § 1, effective July 13, 1990; 1990, ch. 476, Pt. IV, § 184, effective July 13, 1990; 1992, ch. 257, § 1, effective July 14, 1992; 1994, ch. 376, § 4, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996.

Opinions of Attorney General.

While general tax dollars provided by the state may be used to pay a portion of the costs incurred in operating special education classes for exceptional children, a local board of education is precluded from spending school funds for such purpose even though such an operation is a most laudable and commendable one. OAG 72-86 .

The $300 per year limitation on transportation costs is applicable only in a case where one (1) school district contracts with another school district to provide instruction for an exceptional child. OAG 72-693 .

Since nothing in the statutes requires that the parents of a deaf child must consent to the child attending the Kentucky School for the Deaf or lose the benefits provided by other statutes, a local school district is required to pay the educational tuition of one (1) of its students who attends special classes in another system although the child in question is a deaf child whose parents will not consent to his attendance at the Kentucky School for the Deaf. OAG 74-531 .

Where a board of education contracts for special education services with a private school it would not be entitled to ADA or bonus unit foundation program funds for the pupils involved. OAG 74-742 .

A public school district may receive ADA or bonus unit foundation funds for special education program pupils who for a part of the day receive contracted services at a regional state university. OAG 74-742 .

A public school may not pay the tuition of a deaf student who attends a Catholic school at the parents’ election after rejection of the public school’s arrangement for the child to be admitted to the Kentucky School for the Deaf. OAG 74-660 ; 74-914.

It was not the legislative intent of this section that districts without sufficient educational facilities pay the expense of exceptional children at boarding schools or schools not accessible by daily commuting, and thus the school district is not authorized under this section to send a child who needs special education to a school in another state more than 100 miles away. OAG 74-914 .

This section contains no minimum or maximum amounts which may be spent and therefore authorizes the spending of whatever is necessary for education and transportation. OAG 74-914 .

A licensed day care center is a private organization within the meaning of this section but whether it qualifies as a contractor to provide special education programs must be decided by the State Board of Education under its regulations and guidelines. OAG 75-56 .

It was not the legislative intent of this section to require local school districts to pay the transportation costs of exceptional children at boarding or other schools not accessible by daily commuting, and, therefore, this section does not authorize the reimbursement, from funds provided by the state from the minimum foundation program, of local school funds expended for school bus transportation of deaf students from a school for the deaf to their homes for weekend visits with their parents. OAG 75-609 .

A local school system must continue to provide an appropriate educational program for an exceptional child even beyond the age of compulsory attendance, and if a school does not have such program for a child past the compulsory attendance age in any one classification of exceptionality, the school must contract with another county or independent school district or private organization that maintains a special education program approved by the State Department of Education for that exceptionality. OAG 77-116 .

A local public school may not interpret this section as authorization to provide special education programs for only compulsory school age children, for special education children are entitled to a twelve-grade school service or until a child reaches 21 years of age. OAG 77-116 .

The language of this section requires a local school district only to provide transportation to and from either the Kentucky School for the Blind or the Kentucky School for the Deaf on a regularly scheduled basis, at intervals of no less than one each month; however, a school may, in the reasonable discretion of the local board of education, pay daily commuting costs out of local school money when a child is attending either school as a day student and the distance is reasonable between the home school district and the appropriate state residential school. OAG 77-137 .

A school district is not required to pay any part of a private placement of a handicapped child so long as the public school district is and remains committed to providing a free appropriate education for that handicapped child within the public schools; thus, if the parents of a handicapped child unilaterally place their child in an out-of-state residential school without first pursuing their statutory and regulatory remedies in their local school district, the school district would not be required to pick up any of the cost of the private education selected by the parents. OAG 83-184 .

157.285. Related services provided by local boards of education.

Local boards of education may contract to provide “related services” to exceptional children when the appropriate services are not available through a public or private agency.

History. Enact. Acts 1972, ch. 16, § 2; 1980, ch. 286, § 7, effective July 15, 1980; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 381, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 16, § 2; 1980, ch. 286, § 7, effective July 15, 1980) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 381, effective July 13, 1990.

Opinions of Attorney General.

There is nothing in this section which raises a question as to its constitutionality. OAG 72-343 .

Under this section the tuition rate must be set by bargaining and negotiation between the school district and the agency. OAG 72-343 .

157.290. Tentative preapproval of plans for special education programs.

The local superintendent of schools shall present to the chief state school officer an application for tentative preapproval of a plan for special education programs for exceptional children.

History. Enact. Acts 1948, ch. 4, § 10; 1962, ch. 169, § 9; 1990, ch. 476, Pt. IV, § 185, effective July 13, 1990.

Research References and Practice Aids

Kentucky Bench & Bar.

Quinn, Education Law: Education of Gifted Students in Kentucky. Vol. 72, No. 6, November 2008, Ky. Bench & Bar 25.

157.295. Additional supervisors for special education programs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 169, § 10(1); 1970, ch. 92, § 29) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

157.300. Payment by state of excess per capita cost of educating handicapped children; budgets; reports; applications. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 4, § 11) was repealed by Acts 1962, ch. 169, § 11.

157.305. Qualification of private schools for education of exceptional children — Conditions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 107; 1970, ch. 197, § 1; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

Fund to Support Education Excellence in Kentucky

157.310. Declaration of legislative intent.

It is the intention of the General Assembly to assure substantially equal public school educational opportunities for those in attendance in the public schools of the Commonwealth, but not to limit nor to prevent any school district from providing educational services and facilities beyond those assured by the state supported program. The program shall provide for an efficient system of public schools throughout the Commonwealth, as prescribed by Section 183 of the Constitution of Kentucky, and for the manner of distribution of the public school fund among the districts and its use for public school purposes, as prescribed by Section 186 of the Constitution.

History. Enact. Acts 1976, ch. 93, § 19, effective July 1, 1976; 1990, ch. 476, Pt. III, § 93, effective July 13, 1990.

Legislative Research Commission Notes.

Former KRS 157.310 (Enact. Acts 1954, ch. 214, § 1) was repealed by Acts 1974, ch. 363, § 18, effective June 30, 1976.

NOTES TO DECISIONS

1. Construction.

The minimum foundations law (KRS 157.310 to 157.440 ) does not affect the policy of KRS 161.760 that a teacher in continuing service status, once promoted in salary, cannot be demoted in salary without such cause as would justify termination of his contract, and elimination of duties or responsibilities cannot be used as a device for demotion in salary. Board of Education v. Lawrence, 375 S.W.2d 830, 1963 Ky. LEXIS 193 ( Ky. 1963 ) (decision prior to 1964 amendment of KRS 161.760 ).

The procedure for preparation and approval of the school budget and the levying of school taxes is complicated by the fact the statutes relating to the foundation program (KRS 157.310 to 157.370 ) are not adequately correlated with the school district financing program dealt with in KRS 160.460 and 160.470 . Holmes v. Walden, 394 S.W.2d 458, 1965 Ky. LEXIS 182 ( Ky. 1965 ).

Opinions of Attorney General.

A student teacher may not legally take charge of a classroom in the absence of the regular teacher, for if such was done the local school district would forfeit its right to receive average daily attendance allotments, for in computing this apportionment there shall be included only the attendance of pupils engaged in educational activities under the immediate control and supervision of a school employee who possesses a valid certificate. OAG 63-269 .

Local school boards have a legal right to spend foundation program funds or revenue raised by local taxation for adults over 21 years of age. OAG 65-410 .

It is proper to afford ADA credit to a public school district for the public school portion of dual enrollment situations involving public and nonpublic schools. OAG 68-150 .

A public school district may receive ADA or bonus unit foundation funds for special education program pupils who for a part of the day receive contracted services at a regional state university. OAG 74-742 .

Where a board of education contracts for special education services with a private school it would not be entitled to ADA or bonus unit foundation funds for the pupils involved. OAG 74-742 .

The State Board of Education is not authorized by statute to withhold funds from a local school board because the schools in its district are not of a certain rating. OAG 75-552 .

School bus transportation may be provided from local school funds for trips of deaf students from a school for the deaf to their homes for weekend visits with their families, but there is no provision in the minimum foundation law permitting reimbursement from the minimum foundation program. OAG 75-609 .

The present school laws, in light of the Kentucky Constitution, do not authorize or permit any state funded extended employment days to be used for vacation or holidays. OAG 82-356 .

Although, for the year 1987-1988, the General Assembly funded 4360 classroom units for special education students, which was approximately 683 units less than the number requested or anticipated by the local school district, this level of funding by the General Assembly did not violate KRS 157.224 or this section. OAG 88-17 .

Research References and Practice Aids

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

Article: New Directions in School Funding and Governance: Moving from Politics to Evidence, 98 Ky. L.J. 653 (2009/2010).

Special Feature: Rose At 20: The Past And Future Of School Finance Litigation: Foreword: Rights, Remedies, and Rose, 98 Ky. L.J. 703 (2009/2010).

Special Feature: Rose At 20: The Past And Future Of School Finance Litigation: Judicial Humility: The Enduring Legacy of Rose v. Council for Better Education, 98 Ky. L.J. 717 (2009/2010).

Special Feature: Rose At 20: The Past And Future Of School Finance Litigation: Justiciability, Adequacy, Advocacy, and the “American Dream”, 98 Ky. L.J. 739 (2009/2010).

Special Feature: Rose At 20: The Past And Future Of School Finance Litigation: The Evolving Role of the Courts in School Reform Twenty Years After Rose, 98 Ky. L.J. 789 (2009/2010).

157.312. Declaration of legislative intent to authorize public kindergarten. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 93, § 20, effective July 1, 1976) was repealed by Acts 1988, ch. 33, § 3, effective July 15, 1988.

Former KRS 157.312 (Enact. Acts 1972, ch. 151, § 1) was repealed by Acts 1974, ch. 363, § 18, effective June 30, 1976.

157.315. Regulations for operation of public kindergarten — Attendance eligibility. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 93, § 21, effective July 1, 1976; 1978, ch. 136, § 1, effective July 1, 1979; 1978, ch. 155, § 82, effective June 17, 1978; 1984, ch. 367, § 1, effective July 13, 1984) was repealed by Acts 1988, ch. 33, § 3, effective July 15, 1988.

Former KRS 157.315 (Enact. Acts 1972, ch. 151, § 2) was repealed by Acts 1974, ch. 363, § 18, effective June 30, 1976.

157.317. Development of statewide Early Childhood Education Program — Kentucky Early Childhood Advisory Council. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 397, § 5, effective July 13, 1984; 1988, ch. 33, § 1, effective July 15, 1988; 1990, ch. 476, Pt. I, § 15, effective July 13, 1990; 1990, ch. 518, § 2, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 426, § 112, effective July 15, 1998; 2002, ch. 14, § 10, effective July 14, 2000; 2000 ch. 204, § 1, effective July 14, 2000) was repealed by Acts 2000, ch. 308, § 28, effective July 14, 2000. For present law, see KRS 200.700 et seq.

Legislative Research Commission Note.

(7/14/2000). Under KRS 446.260 , the repeal of this section in 2000 Ky. Acts ch. 308 prevails over its amendment in 2000 Ky. Acts chs. 14 and 204.

157.3175. Preschool education program — Grant allocation — Eligibility for free preschool education — Program components.

  1. Each local school district shall assure that a developmentally appropriate half-day preschool education program is provided for each child who is at risk of educational failure and who is four (4) years of age:
    1. By October 1, for any year prior to 2017; or
    2. By August 1, for 2017 or any year thereafter.
  2. “Developmentally appropriate preschool program” means a program which focuses on the physical, intellectual, social, and emotional development of young children. The preschool program shall help children with their interpersonal and socialization skills.
  3. Funds appropriated by the General Assembly for the preschool education programs shall be granted to local school districts according to a grant allotment system approved by the Kentucky Board of Education. Children who are at risk shall be identified based on the Federal School Lunch Program eligibility criteria for free lunch. Appropriations shall be separate from all other funds appropriated to the Department of Education and shall be administered in accordance with applicable federal and state statutes and administrative regulations. Eligible local school districts shall receive funds based on the average number of preschool children being served on December 1 and March 1 of the prior academic year who are appropriately identified as:
    1. Three (3) and four (4) years of age with disabilities; and
    2. Four (4) years of age identified as at risk of educational failure.
  4. A child shall be eligible for a free and appropriate preschool education and related services if:
      1. The child has been identified as a child with a disability in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. secs. 1400 et seq.; or (a) 1. The child has been identified as a child with a disability in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. secs. 1400 et seq.; or
      2. The child has been identified in accordance with the definitions and procedures for exceptional children and youth in accordance with KRS 157.200(1)(a) to (m); and
    1. The child is three (3) or four (4) years of age:
      1. By October 1, for any year before 2017; or
      2. By August 1, for 2017 or any year thereafter.
  5. The chief state school officer shall receive and review proposals from local school districts for grants to operate or oversee the operation of developmentally appropriate preschool education programs. Districts may submit proposals for implementing new services, enhancing existing preschool education services, or contracting for services. In designing a local early childhood education program, each district shall work with existing preschool programs to avoid duplication of programs and services, to avoid supplanting federal funds, and to maximize Head Start funds in order to serve as many four (4) year old children as possible.
  6. Each program proposal shall include, at a minimum:
    1. A description of the process conducted by the district to assure that the parents or guardians of all eligible participants have been made aware of the program and of their right to participate;
    2. A description of the planned educational programming and related services;
    3. The estimated number of children participating in the program;
    4. Strategies for involving children with disabilities;
    5. Estimated ratio of staff to children with the maximum being one (1) adult for each ten (10) children;
    6. The estimated percentage of children participating in the program who are at risk of educational failure;
    7. Information on the training and qualifications of program staff and documentation that the staff meet required standards;
    8. A budget and per-child expenditure estimate;
    9. A plan to facilitate active parental involvement in the preschool program, including provisions for complementary parent education when appropriate;
    10. Facilities and equipment which are appropriate for young children;
    11. The days of the week and hours of a day during which the program shall operate;
    12. A plan for coordinating the program with existing medical and social services, including a child development and health screening component;
    13. Assurances that participants shall receive breakfast or lunch;
    14. Program sites which meet state and local licensure requirements;
    15. A plan for coordinating program philosophy and activities with the local district’s primary school program;
    16. An evaluation component; and
    17. Certification from the Head Start director that the Head Start program is fully utilized pursuant to subsection (4) of this section.
  7. Programs shall reflect an equitable geographic distribution representative of all areas of the Commonwealth.

All other four (4) year old children shall be served to the extent placements are available. The Kentucky Board of Education, upon the recommendation of the chief state school officer, shall adopt administrative regulations establishing the guidelines for the program. Administrative regulations shall establish eligibility criteria, program guidelines, and standards for personnel.

Local school districts may develop cooperative arrangements with other school districts or organizations in accordance with KRS 157.280 .

History. Enact. Acts 1990, ch. 476, Pt. I, § 16, effective July 13, 1990; 1992, ch. 456, § 2, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996; 2013, ch. 86, § 1, effective June 25, 2013; 2013, ch. 102, § 1, effective June 25, 2013.

Legislative Research Commission Notes.

(6/25/2013). This statute was amended by 2013 Ky. Acts chs. 86 and 102. Where those Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 86, which was last enacted by the General Assembly, prevails under KRS 446.250 .

Research References and Practice Aids

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (5) at 1060.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (9) at 1060.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (19) at 1063.

157.318. Network of regional training centers for preschool and early childhood education established.

  1. There is hereby established a network of regional training centers for preschool and early childhood education as specified in the 1987 state preschool grant application for Public Law 99-457. The purpose of the regional training centers shall be to provide peer to peer training, consultation, technical assistance, and materials to personnel from local school districts and other agencies operating programs for disabled and at-risk preschool children.
  2. The regional training centers shall receive federal funds from Public Law 99-457, Education of the Handicapped Act, Part B, and may receive state appropriations, gifts, and grants. No additional centers shall be established unless the existing centers receive at least the same level of funding as in the 1988 fiscal year.
  3. The Kentucky Board of Education shall promulgate such regulations as may be needed in the administration of the regional training centers. In administering this section, the chief state school officer shall consult with the regional training centers and the districts and agencies served by this program.

History. Enact. Acts 1990, ch. 453, § 1, effective July 13, 1990; 1994, ch. 405, § 23, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

The Education of the Handicapped Act and the amendments thereto under Public Law 99-457, referred to in subsections (1) and (2), are compiled as 20 USCS §§ 1400 et seq., now known as the Individuals with Disabilities Education Act.

157.320. Definitions for KRS 157.310 to 157.440.

As used in KRS 157.310 to 157.440 , unless the context otherwise requires:

  1. “Average daily attendance” means the aggregate days attended by pupils in a public school, adjusted for weather-related low attendance days if applicable, divided by the actual number of days the school is in session, after the five (5) days with the lowest attendance have been deducted.
    1. Aggregate days shall include, in addition to the aggregate number of days attended by a pupil who was suspended during a school year, the number of days the pupil was suspended, not to exceed ten (10) days in total for the school year; and
    2. Aggregate days shall include, in addition to the aggregate number of days attended by a pupil who was expelled for behavioral problems, the number of days the pupil was expelled up to a total of one hundred seventy-five (175) days. This total may extend into the next school year and shall be counted in the average daily attendance for the next year;
  2. “Base funding level” means a guaranteed amount of revenue per pupil to be provided for each school district, to be used for regular operating and capital expenditures;
  3. “Board” means the board of education of any county or independent school district;
  4. “District” means any school district as defined by law;
  5. “Elementary school” means a school consisting of the primary school program through grade eight (8) as defined in KRS 158.030 , or any appropriate combination of grades within this range, as determined by the plan of organization for schools authorized by the district board;
  6. “Support Education Excellence in Kentucky” means the level of educational services and facilities which is to be provided in each district from the public school fund;
  7. “Kindergarten full-time equivalent pupil in average daily attendance” means each kindergarten pupil counted no more than one-half (1/2) day in the aggregate days attended by kindergarten pupils in a public school divided by the actual number of days school is in session after the five (5) days with the lowest attendance have been deducted. Kindergarten is the entry level of the primary program and shall be provided no less than the equivalent of one-half (1/2) day, five (5) days a week for a full school year for each kindergarten pupil;
  8. “Public school fund” means the fund created by KRS 157.330 for use in financing education in public elementary and secondary schools;
  9. “Administrative regulations of the Kentucky Board of Education” means those regulations which the Kentucky Board of Education may adopt upon the recommendation and with the advice of the commissioner of education. The commissioner of education shall recommend administrative regulations necessary for carrying out the purposes of KRS 157.310 to 157.440 ;
  10. “Experience” means employment as a teacher, other than as a substitute or nursery school teacher, for a minimum of one hundred forty (140) days during a school year in a public or nonpublic elementary or secondary school or college or university that is approved by the public accrediting authority in the state in which the teaching duties were performed. A teacher who is employed by a board for at least one hundred forty (140) days of a school year and who performs teaching duties for the equivalent of at least seventy (70) full school days during that school year, regardless of the schedule on which those duties were performed, shall be credited with one (1) year of experience. A teacher who is employed by a board for at least one hundred forty (140) days during each of two (2) school years and who performs teaching duties for the equivalent of at least seventy (70) full school days during those years shall be credited with one (1) year of experience. No more than one (1) year of experience shall be credited for the performance of teaching duties during a single school year;
  11. “Secondary school” means a school consisting of grades seven (7) through twelve (12), or any appropriate combination of grades within this range as determined by the plan of organization for schools authorized by the district board. When grades seven (7) through nine (9) or ten (10) are organized separately as a junior high school, or grades ten (10) through twelve (12) are organized separately as a senior high school and are conducted in separate school plant facilities, each shall be considered a separate secondary school for the purposes of KRS 157.310 to 157.440 ;
  12. “Single salary schedule” means a schedule adopted by a local board from which all teachers are paid for one hundred eighty-five (185) days and is based on training, experience, and such other factors as the Kentucky Board of Education may approve and which does not discriminate between salaries paid elementary and secondary teachers. If the budget bill contains a minimum statewide salary schedule, no teacher shall be paid less than the amount specified in the biennial budget salary schedule for the individual teacher’s educational qualifications and experience;
  13. “Teacher” means any regular or special teacher, principal, supervisor, superintendent, assistant superintendent, librarian, director of pupil personnel, or other member of the teaching or professional staff engaged in the service of the public elementary and secondary school for whom certification is required as a condition of employment;
  14. “Percentage of attendance” means the aggregate days attended by pupils in a public school for the school year divided by the aggregate days’ membership of pupils in a public school for the school year;
  15. “Middle school” means a school consisting of grades five (5) through eight (8) or any appropriate combination of grades as determined by the plan of organization for schools authorized by the district board;
  16. “National board certification salary supplement” means an annual supplement added for the life of the certificate to the base salary of a teacher who attains national board certification; and
  17. “Weather-related low attendance day” means a school day on which the district’s attendance falls below the average daily attendance for the prior year due to inclement weather. The district shall submit a request to substitute the prior year’s average daily attendance for its attendance on up to ten (10) designated days, along with documentation that the low attendance was due to inclement weather, for approval by the commissioner of education in accordance with Kentucky Board of Education administrative regulations.

History. Enact. Acts 1976, ch. 93, § 22, effective July 1, 1976; 1976, ch. 93, § 12, effective July 1, 1977; 1978, ch. 133, § 1, effective June 17, 1978; 1980, ch. 182, § 1, effective July 15, 1980; 1984, ch. 367, § 2, effective July 13, 1984; 1990, ch. 351, § 1, effective July 13, 1990; 1990, ch. 476, Pt. III, § 94, effective July 13, 1990; 1994, ch. 240, § 1, effective July 15, 1994; 1994, ch. 254, § 1, effective July 15, 1994; 1996, ch. 20, § 4, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 6, § 1, effective July 15, 1998; 1998, ch. 309, § 1, effective July 15, 1998; 1998, ch. 591, § 2, effective July 15, 1998; 2000, ch. 257, § 7, effective July 14, 2000; 2000, ch. 389, § 2, effective July 14, 2000.

Legislative Research Commission Notes.

(7/14/2000). This section was amended by 2000 Ky. Acts chs. 257 and 389, which do not appear to be in conflict and have been codified together.

Former KRS 157.320 (Enact. Acts 1954, ch. 214, § 2; 1960, ch. 145, § 1; 1968, ch. 208, § 1; 1972, ch. 151, § 3; 1972, ch. 372, § 3; 1974, ch. 265, § 2) was repealed by Acts 1974, ch. 363, § 18, effective June 30, 1976.

NOTES TO DECISIONS

1. Salary Schedule.

Where teachers in one (1) school district earned credits toward salary increases on different basis from teachers in second district, salary plan established pursuant to KRS 157.310 to 157.440 after merging of two (2) districts, which granted teachers from each district the credits under former salary plans, was reasonable and was not discriminatory. Ambs v. Board of Educ., 570 S.W.2d 638, 1978 Ky. App. LEXIS 575 (Ky. Ct. App. 1978).

Cited in:

Holmes v. Walden, 394 S.W.2d 458, 1965 Ky. LEXIS 182 ( Ky. 1965 ); Preuss v. Board of Education, 667 S.W.2d 391, 1984 Ky. App. LEXIS 448 (Ky. Ct. App. 1984).

Opinions of Attorney General.

Teaching experience with a Head Start program does not qualify as “teaching experience” for the purposes of determining a teacher’s salary unless the teacher was under contract with an accredited public or nonpublic school at the time of participation in the program. OAG 76-152 .

A county school board could prepare a salary schedule so as to increase the salaries of teachers assigned to schools within the jurisdiction of a city which has levied an occupational tax. OAG 77-427 .

Even though the contracts entered into between local boards and their teachers fail to reference the minimum 185 day school term, these contracts would not be construed to cover any period less than the 185 school days established by statute since all full-time teachers in the public common schools have, by operation of law, a contract that entitles them to be paid for 185 school days, four (4) of which are to be utilized as in-service and professional development and planning activities; accordingly, the teachers employed by the local school boards for the 1981-82 school year had a vested right to employment and salary for at least 185 school days and the possible reduction in state funds for teachers’ salaries for two (2) mandated in-service days in no way could be used to divorce the local school districts from their preexisting obligation of contracts for a minimum school term of 185 days. OAG 82-106 .

A reduction in state appropriations to the Minimum Foundation Fund for teachers’ salaries, legal or illegal, could not be said to have reduced the number of days required for a minimum school term in the Commonwealth’s public common schools; the law still requires 185 days and that four (4) of these days be devoted to in-service training for public common school teachers and the elimination of state money for two (2) in-service days did not take the requirement for the two (2) days away. OAG 82-106 .

While KRS 157.330(2) requires that foundation program funds are to be drawn out or appropriated only “as provided by statute,” it is entirely proper for the State Board of Education to adopt a regulation intending to implement the statutory law. OAG 84-314 .

Language in budget memorandum recommending and directing that 705 KAR 2:030 Section 8 be amended to change the local district transfer provision from 20% to the established value of the capital outlay component of a foundation unit with difference in the transfer to be used to fund the operational costs of the New Rowan County State Vocational-Technical School and the expanded facilities in Ashland and Elizabethtown is precatory in nature and in light of Const., §§ 184 and 186 cannot be carried out, for the funds involved are foundation program funds and not just general funds appropriated for education, and using the difference in the transfer amount of funds to support the operational cost of the New Rowan County State Vocational-Technical School and expanded facilities in Ashland and Elizabethtown would be using foundation program funds for nonfoundation purposes. OAG 84-314 .

Salary schedules may properly be prepared so as to increase the salaries of particular county teachers, teaching within the city, in an amount equal to the occupational tax imposed upon those teachers. OAG 86-33 .

The provision that kindergarten shall be provided at a minimum for one-half (1/2) day, five (5) days a week, for a full school year, for each kindergarten pupil, went into effect on July 13, 1990. OAG 90-73 .

157.330. Fund to support education excellence in Kentucky.

  1. There is hereby established the fund to support education excellence in Kentucky consisting of appropriations for distribution to districts in accordance with the provisions of KRS 157.310 to 157.440 .
  2. The resources of the public school fund shall be paid into the State Treasury, and shall be drawn out or appropriated only in aid of public schools as provided by statute.

History. Enact. Acts 1976, ch. 93, § 23, effective July 1, 1976; 1990, ch. 476, Pt. III, § 95, effective July 13, 1990.

Legislative Research Commission Notes.

Former KRS 157.330 (Enact. Acts 1954, ch. 214, § 3; 1956, ch. 106, § 1) was repealed by Acts 1974, ch. 363, § 18, effective June 30, 1976.

Opinions of Attorney General.

The present school laws, in light of the Kentucky Constitution, do not authorize or permit any state funded extended employment days to be used for vacation or holidays. OAG 82-356 .

While subsection (2) of this section requires that foundation program funds are to be drawn out or appropriated only “as provided by statute,” it is entirely proper for the State Board of Education to adopt a regulation intending to implement the statutory law. OAG 84-314 .

Language in budget memorandum recommending and directing that 705 KAR 2:030 Section 8 be amended to change the local district transfer provision from 20% to the established value of the capital outlay component of a foundation unit, with difference in the transfer to be used to fund the operational costs of the New Rowan County State Vocational-Technical School and the expanded facilities in Ashland and Elizabethtown, is precatory in nature and in light of Const., §§ 184 and 186 cannot be carried out, for the funds involved are foundation program funds and not just general funds appropriated for education, and using the difference in the transfer amount of funds to support the operational cost of the New Rowan County State Vocational-Technical School and expanded facilities in Ashland and Elizabethtown would be using foundation program funds for nonfoundation purposes. OAG 84-314 . (Refers to 1984 Budget)

157.340. Distribution of funds from per capita account. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 214, § 4) was repealed by Acts 1956, ch. 106, § 8.

157.350. Eligibility of districts for participation in fund to support education excellence in Kentucky.

Each district which meets the following requirements shall be eligible to share in the distribution of funds from the fund to support education excellence in Kentucky:

  1. Employs and compensates all teachers for not less than one hundred eighty-five (185) days. The Kentucky Board of Education, upon recommendation of the commissioner of education, shall prescribe procedures by which this requirement may be reduced during any year for any district which employs teachers for less than one hundred and eighty-five (185) days, in which case the eligibility of a district for participation in the public school fund shall be in proportion to the length of time teachers actually are employed;
  2. Operates all schools for a minimum school term as provided in KRS 158.070 and administrative regulations of the Kentucky Board of Education. If the school term is less than one hundred eighty-five (185) days, including not less than one hundred seventy (170) student attendance days as defined in KRS 158.070 or one thousand sixty-two (1,062) hours of instructional time, for any reason not approved by the Kentucky Board of Education on recommendation of the commissioner, the eligibility of a district for participation in the public school fund shall be in proportion to the length of term the schools actually operate;
  3. Compensates all teachers on the basis of a single salary schedule and in conformity with the provisions of KRS 157.310 to 157.440 ;
  4. Includes no nonresident pupils in its average daily attendance, except:
      1. Pupils listed under a written agreement, which may be for multiple years, with the district of the pupils’ legal residence. (a) 1. Pupils listed under a written agreement, which may be for multiple years, with the district of the pupils’ legal residence.
      2. If an agreement cannot be reached, either board may appeal to the commissioner for settlement of the dispute.
      3. The commissioner shall have thirty (30) days to resolve the dispute. Either board may appeal the commissioner’s decision to the Kentucky Board of Education.
      4. The commissioner and the Kentucky Board of Education shall consider the factors affecting the districts, including but not limited to academic performance and the impact on programs, school facilities, transportation, and staffing of the districts.
      5. The Kentucky Board of Education shall have sixty (60) days to approve or amend the decision of the commissioner; and
    1. A nonresident pupil who attends a district in which a parent of the pupil is employed. All tuition fees required of a nonresident pupil may be waived for a pupil who meets the requirements of this paragraph.
  5. Any secondary school which maintains a basketball team for boys for other than intramural purposes, shall maintain the same program for girls;
  6. Any school district which fails to comply with subsection (5) of this section shall be prohibited from participating in varsity competition in any sport for one (1) year. Determination of failure to comply shall be made by the Department of Education after a hearing requested by any person within the school district. The hearing shall be conducted in accordance with KRS Chapter 13B. A district under this subsection shall, at the hearing, have an opportunity to show inability to comply.

This subsection does not apply to those pupils enrolled in an approved class conducted in a hospital and pupils who have been expelled for behavioral reasons who shall be counted in average daily attendance under KRS 157.320 ;

History. Enact. Acts 1976, ch. 93, § 24, effective July 1, 1976; 1976, ch. 93, § 13, effective July 1, 1977; 1978, ch. 133, § 2, effective June 17, 1978; 1990, ch. 476, Pt. III, § 96, effective July 13, 1990; 1992, ch. 258, § 1, effective April 7, 1992; 1996, ch. 318, § 50, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 309, § 2, effective July 15, 1998; 2005, ch. 52, § 1, effective June 20, 2005; 2007, ch. 104, § 1, effective June 26, 2007; 2013, ch. 56, § 1, effective June 25, 2013; 2014, ch. 14, § 4, effective July 15, 2014.

Legislative Research Commission Notes.

Former KRS 157.350 (Enact. Acts 1954, ch. 214, § 5; 1956, ch. 106, § 2; 1960, ch. 145, § 2; 1974, ch. 349, § 1) was repealed by Acts 1974, ch. 363, § 18, effective June 30, 1976.

NOTES TO DECISIONS

  1. Tenure.
  2. Additional Compensation.
  3. Local Tax Levy.
1. Tenure.

The minimum foundation law requiring a school district to pay all teachers on the basis of a single salary schedule does not affect the tenure law which provides that a teacher with a continuing service status, once promoted in salary, cannot be demoted in salary without such cause as would justify termination of her contract, and elimination of duties or responsibilities cannot be used as a device for demotion in salary. Board of Education v. Lawrence, 375 S.W.2d 830, 1963 Ky. LEXIS 193 ( Ky. 1963 ) (decision prior to amendment of KRS 161.760 ).

2. Additional Compensation.

Continuation of extra pay after extra duties have been eliminated was not for extra duties but for extra qualifications and is not an unconstitutional diversion of school funds, and a teacher who received compensation in addition to her base pay for her various responsibilities as principal of an elementary school was entitled to receive additional compensation when removed as principal and assigned to ordinary teaching position. Board of Education v. Lawrence, 375 S.W.2d 830, 1963 Ky. LEXIS 193 ( Ky. 1963 ) (decision prior to amendment of KRS 161.760 ).

3. Local Tax Levy.

Any school district otherwise qualified under this section has the right to qualify by requiring a sufficient tax levy. Holmes v. Walden, 394 S.W.2d 458, 1965 Ky. LEXIS 182 ( Ky. 1965 ) (decided under prior law).

Cited in:

Preuss v. Board of Education, 667 S.W.2d 391, 1984 Ky. App. LEXIS 448 (Ky. Ct. App. 1984).

Opinions of Attorney General.

The Fort Knox schools are not public common schools and, therefore, a county school system cannot enter into a written agreement with the Fort Knox system concerning special education children so as to receive minimum foundation program funds for its children’s instruction. OAG 76-670 .

It is truly in the discretion of the local board of education to establish a reasonable tuition fee for nonresident students; however, the better practice would be for a local board to attempt to establish a tuition fee sufficient to defray any reasonably calculated per capita costs not funded through the state foundation program funds for educating a nonresident child. OAG 78-265 .

Even though the contracts entered into between local boards and their teachers fail to reference the minimum 185 day school term, these contracts could not be construed to cover any period less than the 185 school days established by statute since all full-time teachers in the public common schools have, by operation of law, a contract that entitles them to be paid for 185 school days, four (4) of which are to be utilized as in-service and professional development and planning activities; accordingly, the teachers employed by the local school boards for the 1981-82 school year had a vested right to employment and salary for at least 185 school days and the possible reduction in state funds for teachers’ salaries for two (2) mandated in-service days in no way could be used to divorce the local school districts from their preexisting obligation of contracts for a minimum school term of 185 days. OAG 82-106 .

A reduction in state appropriations to the Minimum Foundation Fund for teachers’ salaries, legal or illegal, could not be said to have reduced the number of days required for a minimum school term in the commonwealth’s public common schools, the law still requires 185 days and that four of these days be devoted to in-service training for public common school teachers and the elimination of state money for two (2) in-service days did not take the requirement for the two (2) days away. OAG 82-106 .

Should local boards of education fail to enter into a written agreement to allow nonresident pupils to attend school in a certain district, then the local board of education that educates the nonresident pupil is not eligible to receive attendance credit and funding for those pupils. OAG 91-75 .

So long as two (2) districts enter into a written agreement that a particular district will allow nonresident pupils to attend, then that district which is educating the nonresident pupils may receive the pupils’ share of funds from the Fund to Support Education Excellence in Kentucky. By administrative regulation, the local boards of education that execute written agreements for average daily attendance of nonresident pupils are required to submit a copy of any agreement to the State Department of Education by November 15 of each year. OAG 91-75 .

Supplemental agreements in which a district requires that the district taking the greater number of nonresident children must give back to the home district a certain percentage of state funds attributable to the excess nonresident students are impermissible and may be unconstitutional. OAG 91-75 .

There appears to be no legal authority for sending money to a district where a child is not being educated, and such a practice may lead to inequitable funding levels in violation of Const., § 183, which requires that the General Assembly provide for an efficient system of schools, and has resulted in a complete revision of the system of school finance, which has set forth careful procedures to ensure that local districts receive the necessary funding per average daily attendance to carry out the mandated education. OAG 91-75 .

There is no statutory authorization for any district which enters into an agreement concerning the education of nonresident pupils to require that the districts taking the greater number of nonresident children agree to give back to the home district a percentage of the state funds attributable to the excess nonresident students. OAG 91-75 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (17) at 869.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 1, (18) at 1058.

157.360. Base funding level — Adjustment — Enforcement of maximum class sizes — Allotment of program funds — Recalculation of allocated funds — Lengthening of school days.

    1. In determining the cost of the program to support education excellence in Kentucky, the statewide guaranteed base funding level, as defined in KRS 157.320 , shall be computed by dividing the amount appropriated for this purpose by the prior year’s statewide average daily attendance. (1) (a) In determining the cost of the program to support education excellence in Kentucky, the statewide guaranteed base funding level, as defined in KRS 157.320 , shall be computed by dividing the amount appropriated for this purpose by the prior year’s statewide average daily attendance.
    2. When determining the biennial appropriations for the program, the average daily attendance for each fiscal year shall include an estimate of the number of students graduating early under the provisions of KRS 158.142 .
  1. Each district shall receive an amount equal to the base funding level for each pupil in average daily attendance in the district in the previous year, except a district shall receive an amount equal to one-half (1/2) of the state portion of the average statewide per pupil guaranteed base funding level for each student who graduated early under the provisions of KRS 158.142 . Each district’s base funding level shall be adjusted by the following factors:
    1. The number of at-risk students in the district. At-risk students shall be identified as those approved for the free lunch program under state and federal guidelines. The number of at-risk students shall be multiplied by a factor to be established by the General Assembly. Funds generated under this paragraph may be used to pay for:
      1. Alternative programs for students who are at risk of dropping out of school before achieving a diploma; and
      2. A hazardous duty pay supplement as determined by the local board of education to the teachers who work in alternative programs with students who are violent or assaultive;
    2. The number and types of exceptional children in the district as defined by KRS 157.200 . Specific weights for each category of exceptionality shall be used in the calculation of the add-on factor for exceptional children; and
    3. Transportation costs. The per-pupil cost of transportation shall be calculated as provided by KRS 157.370 . Districts which contract to furnish transportation to students attending nonpublic schools may adopt any payment formula which assures that no public school funds are used for the transportation of nonpublic students.
  2. Beginning with the 2015-2016 school year and each year thereafter, the General Assembly shall annually allocate funds equal to one-half (1/2) of the state portion of the average statewide per pupil guaranteed base funding level for each student who graduated early under the provisions of KRS 158.142 the previous school year to the Kentucky Higher Education Assistance Authority for deposit in the early graduation scholarship trust fund.
  3. The program to support education excellence in Kentucky shall be fully implemented by the 1994-95 school year.
    1. Except for those schools which have implemented school-based decision making, the commissioner of education shall enforce maximum class sizes for every academic course requirement in all grades except in vocal and instrumental music, and physical education classes. Except as provided in subsection (6) of this section, the maximum number of pupils enrolled in a class shall be as follows: (5) (a) Except for those schools which have implemented school-based decision making, the commissioner of education shall enforce maximum class sizes for every academic course requirement in all grades except in vocal and instrumental music, and physical education classes. Except as provided in subsection (6) of this section, the maximum number of pupils enrolled in a class shall be as follows:
      1. Twenty-four (24) in primary grades (kindergarten through third grade);
      2. Twenty-eight (28) in grade four (4);
      3. Twenty-nine (29) in grades five (5) and six (6);
      4. Thirty-one (31) in grades seven (7) to twelve (12).
    2. Except for those schools which have implemented school-based decision making, class size loads for middle and secondary school classroom teachers shall not exceed the equivalent of one hundred fifty (150) pupil hours per day.
    3. The commissioner of education, upon approval of the Kentucky Board of Education, shall adopt administrative regulations for enforcing this provision. These administrative regulations shall include procedures for a superintendent to request an exemption from the Kentucky Board of Education when unusual circumstances warrant an increased class size for an individual class. A request for an exemption shall include specific reasons for the increased class size with a plan for reducing the class size prior to the beginning of the next school year. A district shall not receive in any one (1) year exemptions for more classes than enroll twenty percent (20%) of the pupils in the primary grades and grades four (4) through eight (8).
    4. In all schools the commissioner of education shall enforce the special education maximum class sizes set by administrative regulations adopted by the Kentucky Board of Education. A superintendent may request an exemption pursuant to paragraph (c) of this subsection. A local school council may request a waiver pursuant to KRS 156.160(2). An exemption or waiver shall not be granted if the increased class size will impede any exceptional child from achieving his individual education program in the least restrictive environment.
  4. In grades four (4) through six (6) with combined grades, the maximum class size shall be the average daily attendance upon which funding is appropriated for the lowest assigned grade in the class. There shall be no exceptions to the maximum class size for combined classes. In combined classes other than the primary grades, no ungraded students shall be placed in a combined class with graded students. In addition, there shall be no more than two (2) consecutive grade levels combined in any one (1) class in grades four (4) through six (6). However, this shall not apply to schools which have implemented school-based decision making.
  5. If a local school district, through its admission and release committee, determines that an appropriate program in the least restrictive environment for a particular child with a disability includes either part-time or full-time enrollment with a private school or agency within the state or a public or private agency in another state, the school district shall count as average daily attendance in a public school the time that the child is in attendance at the school or agency, contingent upon approval by the commissioner of education.
  6. Pupils attending a center for child learning and study established under an agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose of calculating average daily attendance, be considered as in attendance in the school district in which the child legally resides and which is party to the agreement. For purposes of subsection (1) of this section, teachers who are actually employees of the joint or cooperative action shall be considered as employees of each school district which is a party to the agreement.
  7. Program funding shall be increased when the average daily attendance in any district for the first two (2) months of the current school year is greater than the average daily attendance of the district for the first two (2) months of the previous school year. The program funds allotted the district shall be increased by the percent of increase. The average daily attendance in kindergarten is the kindergarten full-time equivalent pupils in average daily attendance.
  8. If the average daily attendance for the current school year in any district decreases by ten percent (10%) or more than the average daily attendance for the previous school year, the average daily attendance for purposes of calculating program funding for the next school year shall be increased by an amount equal to two-thirds (2/3) of the decrease in average daily attendance. If the average daily attendance remains the same or decreases in the succeeding school year, the average daily attendance for purposes of calculating program funding for the following school year shall be increased by an amount equal to one-third (1/3) of the decrease for the first year of the decline.
  9. If the percentage of attendance of any school district shall have been reduced more than two percent (2%) during the previous school year, the program funding allotted the district for the current school year shall be increased by the difference in the percentage of attendance for the two (2) years immediately prior to the current school year less two percent (2%).
    1. Instructional salaries for vocational agriculture classes shall be for twelve (12) months per year. Vocational agriculture teachers shall be responsible for the following program of instruction during the time period beyond the regular school term established by the local board of education: supervision and instruction of students in agriculture experience programs; group and individual instruction of farmers and agribusinessmen; supervision of student members of agricultural organizations who are involved in leadership training or other activity required by state or federal law; or any program of vocational agriculture established by the Division of Career and Technical Education in the Department of Education. During extended employment, no vocational agriculture teacher shall receive salary on a day that the teacher is scheduled to attend an institution of higher education class which could be credited toward meeting any certification requirement. (12) (a) Instructional salaries for vocational agriculture classes shall be for twelve (12) months per year. Vocational agriculture teachers shall be responsible for the following program of instruction during the time period beyond the regular school term established by the local board of education: supervision and instruction of students in agriculture experience programs; group and individual instruction of farmers and agribusinessmen; supervision of student members of agricultural organizations who are involved in leadership training or other activity required by state or federal law; or any program of vocational agriculture established by the Division of Career and Technical Education in the Department of Education. During extended employment, no vocational agriculture teacher shall receive salary on a day that the teacher is scheduled to attend an institution of higher education class which could be credited toward meeting any certification requirement.
    2. Each teacher of agriculture employed shall submit an annual plan for summer program to the local school superintendent for approval. The summer plan shall include a list of tasks to be performed, purposes for each task, and time to be spent on each task. Approval by the local school superintendent shall be in compliance with the guidelines developed by the Department of Education. The supervision and accountability of teachers of vocational agriculture’s summer programs shall be the responsibility of the local school superintendent. The local school superintendent shall submit to the commissioner of education a completed report of summer tasks for each vocational agriculture teacher. Twenty percent (20%) of the approved vocational agriculture programs shall be audited annually by the State Department of Education to determine that the summer plan has been properly executed.
    1. In allotting program funds for home and hospital instruction, statewide guaranteed base funding, excluding the capital outlay, shall be allotted for each child in average daily attendance in the prior school year who has been properly identified according to Kentucky Board of Education administrative regulations. Attendance shall be calculated pursuant to KRS 157.270 and shall be reported monthly on forms provided by the Department of Education; and (13) (a) In allotting program funds for home and hospital instruction, statewide guaranteed base funding, excluding the capital outlay, shall be allotted for each child in average daily attendance in the prior school year who has been properly identified according to Kentucky Board of Education administrative regulations. Attendance shall be calculated pursuant to KRS 157.270 and shall be reported monthly on forms provided by the Department of Education; and
    2. Pursuant to administrative regulations of the Kentucky Board of Education, local school districts shall be reimbursed for home and hospital instruction for pupils unable to attend regular school sessions because of short term health impairments. A reimbursement formula shall be established by administrative regulations to include such factors as a reasonable per hour, per child allotment for teacher instructional time, with a maximum number of funded hours per week, a reasonable allotment for teaching supplies and equipment, and a reasonable allotment for travel expenses to and from instructional assignments, but the formula shall not include an allotment for capital outlay. Attendance shall be calculated pursuant to KRS 157.270 and shall be reported annually on forms provided by the Department of Education.
  10. Except for those schools which have implemented school-based decision making and the school council has voted to waive this subsection, kindergarten aides shall be provided for each twenty-four (24) full-time equivalent kindergarten students enrolled.
  11. Effective July 1, 2001, there shall be no deduction applied against the base funding level for any pupil in average daily attendance who spends a portion of his or her school day in a program at a state-operated career and technical education or vocational facility.
  12. During a fiscal year, a school district may request that the Department of Education recalculate its funds allocated under this section if the current year average daily attendance for the twenty (20) day school month as defined in KRS 158.060(1) that contains the most days within the calendar month of January exceeds the prior year adjusted average daily attendance plus growth by at least one percent (1%). Any adjustments in the allotments approved under this subsection shall be proportional to the remaining days in the school year and subject to available funds under the program to support education excellence in Kentucky.
  13. To calculate the state portion of the program to support education excellence in Kentucky for a school district, the Department of Education shall subtract the local effort required under KRS 157.390(5) from the calculated base funding under the program to support education excellence in Kentucky, as required by this section. The value of the real estate used in this calculation shall be the lesser of the current year assessment or the prior year assessment increased by four percent (4%) plus the value of current year new property. The calculation under this subsection shall be subject to available funds.
  14. Notwithstanding any other statute or budget of the Commonwealth language to the contrary, time missed due to shortening days for emergencies may be made up by lengthening school days in the school calendar without any loss of funds under the program to support education excellence in Kentucky.

History. Enact. Acts 1976, ch. 93, § 25, effective July 1, 1976; 1978, ch. 133, § 3, effective June 17, 1978; 1980, ch. 183, § 6, effective July 15, 1980; 1982, ch. 97, § 3, effective July 15, 1982; 1982, ch. 119, § 3, effective July 15, 1982; 1982, ch. 358, § 2, effective July 15, 1982; 1984, ch. 41, § 1, effective July 13, 1984; 1984, ch. 367, § 3, effective July 13, 1984; 1984, ch. 368, § 1, effective July 13, 1984; 1984, ch. 397, § 6, effective July 13, 1984; 1984, ch. 410, § 10, effective July 13, 1984; 1985 (1st Ex. Sess.), ch. 10, § 5, effective October 18, 1985; 1986, ch. 39, § 1, effective July 15, 1986; 1986, ch. 73, § 1, effective July 15, 1986; 1986, ch. 157, § 1, effective July 15, 1986; 1986, ch. 173, § 1, effective March 28, 1986; 1988, ch. 361, § 14, effective July 15, 1988; 1990, ch. 476, Pt. III, § 97, effective July 13, 1990; 1990, ch. 518, § 3, effective July 13, 1990; 1992, ch. 323, § 1, effective July 14, 1992; 1992, ch. 406, § 1, effective April 10, 1992; 1994, ch. 74, § 1, effective July 15, 1994; 1994, ch. 405, § 24, effective July 15, 1994; 1996, ch. 65, § 1, effective July 15, 1996; 1996, ch. 87, § 1, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 493, § 10, effective April 10, 1998; 2000, ch. 389, § 3, effective July 14, 2000; 2000, ch. 526, § 15, effective July 14, 2000; 2001, ch. 123, § 6, effective June 21, 2001; 2002, ch. 126, § 1, effective April 2, 2002; 2009, ch. 74, § 1, effective June 25, 2009; 2009, ch. 88, § 4, effective March 24, 2009; 2013, ch. 104, § 3, effective June 25, 2013.

Legislative Research Commission Notes.

(6/25/2013). A reference to “subsection (5)” in subsection (5)(a) of this statute has been changed in codification to “subsection (6)” under KRS 7.136(1)(e) and (h). In 2013 Ky. Acts ch. 104, sec. 3, a new subsection (3) was inserted into this statute and subsequent subsections were renumbered, but the internal reference in the existing language was overlooked.

NOTES TO DECISIONS

1. Average Daily Attendance.

School board could order school closed when the student population of the school fell below minimum required for state aid. Earle v. Harrison County Board of Education, 404 S.W.2d 455, 1966 Ky. LEXIS 299 ( Ky. 1966 ).

Opinions of Attorney General.

Students who have been excused from school to attend religious instruction, in accordance with the provisions of KRS 158.210 to 158.260 , may be considered in attendance at the public schools for purposes of the Minimum Foundation Program. OAG 66-116 .

It is proper to afford ADA credit to a public school district for the public school portion of dual enrollment situations involving public and nonpublic schools. OAG 68-150 .

The interlocal cooperative board may receive foundation program units in supervision based on a consolidation of the overage generated by the individual participating school districts. OAG 74-351 .

A public school district may receive ADA or bonus unit foundation funds for special education program pupils who for a part of the day receive contracted services at a regional state university. OAG 74-742 .

Where a board of education contracts for special education services with a private school it would not be entitled to ADA or bonus unit foundation program funds for the pupils involved. OAG 74-742 .

The Superintendent of Public Education has adopted 704 KAR 3:175 which defines the criteria which a person filling the position of school psychologist must meet if the position is to be funded by money from the foundation program which criteria do not include the requirement that the “school psychiatrist” be licensed by the Board of Psychological Examiners; rather this regulation does not permit any person who is not licensed by the board to hold himself out as a psychologist or to practice psychology in violation of KRS 319.005 and 319.010 , but merely establishes the criteria which an otherwise qualified psychologist must meet if his position is to be funded with money from the foundation program, and any person holding himself out as a “school psychologist” or engaging in the practice of psychology without a license issued by the board violates KRS Chapter 319 and is subject to the penalties contained in KRS 319.990 . OAG 79-108 .

The Superintendent of Public Education has authority to define the personnel to whom or for whom classroom units are adopted. OAG 79-108 .

Where an entire classroom unit (under subsection (9) of this section) is involved, the director of pupil personnel must devote his or her entire time to the duties of that office and would not be able to also serve as the director of transportation; however where a proportionate fraction of a unit is involved, the requirement of KRS 159.140(1) would be met by the director of pupil personnel by spending an amount of time in the same proportion to the normal school day that the fraction bears to the unit will constitute devoting the entire time to the duties of the office. OAG 80-389 .

If the General Assembly desires to change the average daily attendance (ADA) formula used for allotment of classroom units for Foundation Program Fund purposes from the previous school year figure as required by this section, it would have to amend this section and not attempt to reach that result with language in an appropriations bill; even if such language did appear in the biennial budget bill, the language would have to be disregarded as not being a constitutional part of the appropriations act, since the budget bill to the extent that it relates to a subject other than the budget must be deemed in violation of § 51 of the Constitution. OAG 83-383 . (Refers to 1982 Budget.)

The General Assembly may not constitutionally revise, restrict or modify the provisions of existing substantive statutory law or create new substantive law by language contained in the appropriations act; thus, even if the biennial budget bill had not inadvertently omitted the desired change in the average daily attendance (ADA) formula, the Department of Education could not have legally implemented it. OAG 83-383 . (Refers to 1982 Budget.)

Language in budget memorandum recommending and directing that 705 KAR 2:030 Section 8 be amended to change the local district transfer provision from 20% to the established value of the capital outlay component of a foundation unit, with difference in the transfer to be used to fund the operational costs of the New Rowan County State Vocational-Technical School and the expanded facilities in Ashland and Elizabethtown, is precatory in nature and in light of Const., §§ 184 and 186 cannot be carried out, for the funds involved are foundation program funds and not just general funds appropriated for education, and using the difference in the transfer amount of funds to support the operational cost of the New Rowan County State Vocational-Technical School and expanded facilities in Ashland and Elizabethtown would be using foundation program funds for nonfoundation purposes. OAG 84-314 . (Refers to 1984 Budget.)

Where the General Assembly failed to include a delayed effective date for the provisions regarding the teachers’ duty-free lunch period and class-size limitations in grades 1-8 contained in the education package enacted in the 1985 extraordinary session, the effective date of these provisions was October 18, 1985. However, given the restrictions of KRS 160.530 and 160.550(1), as well as the impracticalities of implementation on October 18, it was doubtful that any local school district could be expected to implement these programs on October 18. Therefore, except where otherwise expressly indicated in a particular provision, the education improvement programs which the local school districts have a duty to implement would have to be implemented by the local school districts beginning with the 1986-87 school year. OAG 85-132 .

The language, “districts which contract to furnish transportation for students attending nonpublic schools to adopt any payment formula so long as no public school funds are used,” permits school districts to use formulas other than the per capita formula. OAG 90-81 .

Fourth grade students are not allowed to be in ungraded classrooms with students from the primary school (K-3) as joint classes with ungraded students are prohibited. OAG 92-42 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (2) at 867.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (4) at 868.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (17) at 869.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 1, (2) at 1057.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 1, (3) at 1057.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 1, (18) at 1058.

Kentucky Bench & Bar.

Keating, You Get What You Pay For: Financing Public Schools in Kentucky, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 6.

157.370. Allotment of transportation units.

  1. In determining the cost of transportation for each district, the chief state school officer shall determine the average cost per pupil per day of transporting pupils in districts having a similar density of transported pupils per square mile of area served by not less than nine (9) different density groups.
  2. The annual cost of transportation shall include all current costs for each district plus annual depreciation of pupil transportation vehicles calculated in accordance with the administrative regulations of the Kentucky Board of Education for such districts that operate district-owned vehicles.
  3. The aggregate and average daily attendance of transported pupils shall include all public school pupils transported at public expense who live one (1) mile or more from school. Children with disabilities may be included who live less than this distance from school. The aggregate and average daily attendance referred to in this subsection shall be the aggregate and average daily attendance of transported pupils the prior year adjusted for current year increases in accordance with Kentucky Board of Education administrative regulations.
  4. The square miles of area served by transportation shall be determined by subtracting from the total area in square miles of the district the area not served by transportation in accordance with administrative regulations of the Kentucky Board of Education. However, if one (1) district authorizes another district to provide transportation services for a part of its area, this area shall be deducted from the area served by the authorizing district and added to the area served by the district actually providing the transportation.
  5. The density of transported pupils per square mile of area served for each district shall be determined by dividing the average daily attendance of transported pupils by the number of square miles of area served by transportation.
  6. The chief state school officer shall determine the average cost per pupil per day of transporting pupils in districts having a similar density by constructing a smoothed graph of cost for the density groups required by subsection (1). This graph shall be used to construct a scale showing the average costs of transportation for districts having a similar density of transported pupils. Costs shall be determined separately for county school districts and independent school districts. No independent school district will receive an average cost per pupil per day in excess of the minimum received by any county district or districts. These costs shall be the costs per pupil per day of transported pupils included in the public school fund and these costs shall be recalculated each biennium.
  7. The scale of transportation costs included in the fund to support education excellence in Kentucky for county and independent districts is determined in accordance with the provisions of KRS 157.310 to 157.440 for the biennium beginning July 1, 1990.
  8. The cost of transporting a district’s pupils from the parent school to a state vocational-technical school or to a vocational educational center shall be calculated separately from the calculation required by subsections (1) through (7) of this section. The amount calculated shall be paid separately to each district from program funds budgeted for vocational pupil transportation, as a reimbursement based on the district’s cost for providing this service. The amount of reimbursement shall be calculated in accordance with Kentucky Board of Education administrative regulations. In the event that the appropriation for vocational pupil transportation in the biennial budget is insufficient to meet the total calculated cost of this service for all districts, the amount paid to each district shall be ratably reduced. For the purpose of this subsection, the parent school shall be interpreted to mean that school in which the pupil is officially enrolled in a district’s public common school system.
  9. The Kentucky Board of Education shall determine the type of pupil with a disability that qualifies for special type transportation to and from school. Those qualified pupils for which the district provides special type transportation shall have their aggregate days’ attendance multiplied by five (5.0) and added to that part of the district’s aggregate days’ attendance that is multiplied by the district’s adjusted cost per pupil per day in determining the district’s pupil transportation program cost for allotment purposes.

History. Enact. Acts 1976, ch. 93, § 26, effective July 1, 1976; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, § 98, effective July 13, 1990; 1994, ch. 405, § 25, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996.

Legislative Research Commission Notes.

Former KRS 157.370 (Enact. Acts 1954, ch. 214, § 7; 1956, ch. 106, § 8; 1960, ch. 145, § 4; 1972, ch. 372, § 5; 1974, ch. 196, § 2; 1974, ch. 265, § 4; 1976, ch. 78, § 2) was repealed by Acts 1974, ch. 363, § 18, effective June 30, 1976.

NOTES TO DECISIONS

1. High School Pupils Paying Fare.

If high school pupils are charged school bus fares they cannot be counted in the allotment of the school board’s transportation units in the Minimum Foundation Program under this section. Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

157.380. Determination of local tax effort. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 93, § 27) was repealed by Acts 1976, ch. 93, § 14, effective July 1, 1977.

A former section (Enact. Acts 1954, ch. 214, § 8; 1956, ch. 106, § 3; 1958, ch. 13; 1960, ch. 145, § 5; 1962, ch. 222; 1965 (1st Ex. Sess.), ch. 2, § 15; 1968, ch. 209; 1976, ch. 260, § 4; 1976, ch. 342, § 1) was repealed by Acts 1974, ch. 363, § 18, effective June 30, 1976.

157.390. Determination of teachers’ salaries and other required public school funding components — Additional compensation expenses.

  1. For purposes of the state teacher salary schedule, teachers shall be placed on the schedule based on certification rank as established by the Education Professional Standards Board under KRS 161.1211 and by their years of experience as follows:
    1. Zero (0) to three (3) years;
    2. Four (4) to nine (9) years;
    3. Ten (10) to fourteen (14) years;
    4. Fifteen (15) to nineteen (19) years; and
    5. Twenty (20) or more years.
  2. The rank and experience of the teacher shall be determined on September 15 of each year.
  3. The amount to be included in the base funding level for capital outlay shall be determined by multiplying the average daily attendance by the amounts set forth in the biennial budget.
  4. The amount to be included in the public school fund of each district for transportation shall be determined in accordance with the provisions of KRS 157.370 .
  5. The total amount of money distributable to each district from the public school fund shall include the base funding per pupil in average daily attendance, an amount for at-risk students, an amount for the types and numbers of students with disabilities, an amount for students served in home and hospital settings, and the allotments in subsections (3) and (4) of this section, less the amount of local tax revenues generated for school purposes, up to a maximum equivalent local rate of thirty cents ($0.30) as defined by KRS 157.615(6).
  6. A classroom teacher or administrator may be provided additional compensation, funds for instructional and program materials, and other related costs for serving as a classroom mentor, teaching partner, or professional development leader in core discipline areas including reading, and other subject areas as appropriate to other education professionals in a state approved program or state approved activities. The Kentucky Department of Education shall administer the funds appropriated for these purposes. The Kentucky Board of Education shall promulgate administrative regulations to define the guidelines for programs and activities that qualify for funds including the application and approval process, the individual participant requirements, the amount of compensation, the timelines, and reporting requirements. The board shall solicit recommendations from the Education Professional Standards Board and staff of the Kentucky Department of Education in developing its administrative regulations.
  7. A school district may provide monetary compensation in addition to that provided through the single salary schedule, as defined in KRS 157.320 , to all classroom teachers employed in a school that is identified by the Kentucky Department of Education as being in targeted or comprehensive support and improvement status as described in KRS 160.346 .

HISTORY: Enact. Acts 1976, ch. 93, § 28, effective July 1, 1976; 1978, ch. 133, § 4, effective July 17, 1978; 1984, ch. 367, § 4, effective July 13, 1984; 1984, ch. 368, § 2, effective July 13, 1984; 1985 (1st Ex. Sess.), ch. 10, § 6, effective October 18, 1985; 1988, ch. 41, § 1, effective July 15, 1988; 1990, ch. 476, Pt. III, § 99, effective July 13, 1990; 1992, ch. 195, § 12, effective July 14, 1992; 1992, ch. 392, § 1, effective July 14, 1992; 1996, ch. 298, § 3, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 389, § 4, effective July 14, 2000; 2000, ch. 527, § 12, effective July 14, 2000; 2002, ch. 135, § 5, effective April 2, 2002; 2018 ch. 71, § 1, effective July 14, 2018.

Legislative Research Commission Notes.

Former KRS 157.390 (Enact. Acts 1954, ch. 214, § 9; 1956, ch. 106, § 4; 1960, ch. 145, § 6; 1962, ch. 244, Art. V; 1964, ch. 171, § 1; 1966, ch. 24, part 1, § 1; 1968, ch. 210; 1970, ch. 116, § 1; 1972, ch. 333, § 1) was repealed by Acts 1974, ch. 363, § 18, effective June 30, 1976.

NOTES TO DECISIONS

  1. Certificate of Professional Standing.
  2. Tenure.
  3. Salary.
1. Certificate of Professional Standing.

A certificate of professional standing may be abolished or limited by the Legislature. Gullett v. Sparks, 444 S.W.2d 901, 1969 Ky. LEXIS 234 ( Ky. 1969 ).

2. Tenure.

Teacher tenure is statutory and not contractual, and the Legislature may abridge or destroy it. Gullett v. Sparks, 444 S.W.2d 901, 1969 Ky. LEXIS 234 ( Ky. 1969 ).

3. Salary.

The General Assembly has the power to provide that teachers with less qualification than a four-year degree shall receive only a minimum salary and the fact that the motive of such a provision might be to make teaching so economically unattractive as to discourage the less-qualified teachers from continuing in service does not make the provision unfair. Gullett v. Sparks, 444 S.W.2d 901, 1969 Ky. LEXIS 234 ( Ky. 1969 ).

Where teachers in one (1) school district earned credits toward salary increases on different basis from teachers in second district, salary plan established pursuant to KRS 157.310 to 157.440 after merging of two (2) districts, which granted teachers from each district the credits under former salary plans, was reasonable and was not discriminatory. Ambs v. Board of Educ., 570 S.W.2d 638, 1978 Ky. App. LEXIS 575 (Ky. Ct. App. 1978).

Opinions of Attorney General.

Under this section the second experience level is attained with the completion of four years of experience, so that a teacher who has completed three years of teaching and is in his fourth year is only entitled to the salary permitted for “0-3” years of experience. OAG 68-102 .

Under subsection (2) of this section and SBE 21.070(3) teachers’ salary schedules are required to have only three separate increments for experience, namely 0 to 3 years, 4-9 years, and 10 years and over. There is no requirement that the salary schedules contain ten separate annual increments for experience. OAG 68-395 .

Under this section experience credit can only be given for actual teaching experience and a teacher who was wrongfully excluded from teaching could not receive experience credit for the period of wrongful exclusion. OAG 68-564 .

In order to rank a teacher, it is incumbent upon the State Board of Education, with its power to make regulations, to specify what criteria may be considered as equivalent to a college degree for those teachers who have completed the required number of college hours but who do not have a bachelor’s degree. OAG 75-495 .

No authority exists for anyone during the present biennium to increase the value of the “other current expenses” category of a classroom unit above the established levels appropriated by the 1976 General Assembly. OAG 77-358 .

Where a school teacher was ill and missed most of one month and part of the next, during which time the schools were closed 17 days due to severe weather and permission was granted by the department of education to cut short the school year by five (5) days, as calamity days, the teacher was entitled to be paid for the calamity days; however, since she would have been unable to teach on these days, she must take these days as sick leave days under KRS 161.155 . OAG 78-311 .

The present school laws, in light of the Kentucky Constitution, do not authorize or permit any state funded extended employment days to be used for vacation or holidays. OAG 82-356 .

There is nothing in the school laws to preclude a school district from establishing a cafeteria insurance plan for its teachers, pursuant to the conditions and criteria set out in Section 125 of the Internal Revenue Code. However the money available to the teacher to be applied, if desired, to a cafeteria plan is still a part of that teacher’s salary even though nontaxable; the teacher can elect to take a part of the money provided for by the school district in this regard as cash and, of course, this amount would be taxable. Moreover, the school districts must include the amount of money established for such a plan in all computations required for single salary schedule determinations, including the procedure required for determining the amount of money to be received by a school district for teachers’ salaries from the Minimum Foundation Fund. OAG 83-151 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

Kentucky Bench & Bar.

Keating, You Get What You Pay For: Financing Public Schools in Kentucky, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 6.

157.395. Salary supplement for national board certified teachers.

  1. Notwithstanding any other statute to the contrary, a public school teacher, or a secondary teacher employed in a Kentucky Tech school or career and technical education program operated by the Department of Education, who has attained certification from the National Board for Professional Teaching Standards as of July 14, 2000, through July 1, 2020, shall receive an annual national board certification salary supplement of two thousand dollars ($2,000) for the life of the certificate. A teacher who attains certification from the National Board for Professional Teaching Standards after July 1, 2020, shall receive an annual national board certification salary supplement for the life of the certificate in accordance with the amount appropriated for this purpose by the General Assembly. If an annual supplement amount appropriated by the General Assembly is less than two thousand dollars ($2,000), the local board may provide an additional supplement up to the amount required for the total annual supplement to equal two thousand dollars ($2,000). The supplement shall be added to:
    1. The teacher’s base salary on the local board’s single salary schedule and shall be considered in the calculation for contributions to the Kentucky Teachers’ Retirement System; or
    2. The state-employed teacher’s base salary and shall be considered in the calculation for contributions to the Kentucky Teachers’ Retirement System.
  2. A local board of education or the Department of Education shall request reimbursement for these purposes from the fund to support education excellence described in KRS 157.330 .

If a nationally certified teacher becomes no longer employed as a classroom teacher or a teacher mentor in the field of his or her national certification, the supplement shall cease.

History. Enact. Acts 2000, ch. 257, § 5, effective July 14, 2000; 2010, ch. 39, § 1, effective July 15, 2010; 2013, ch. 59, § 40, effective June 25, 2013; 2020 ch. 113, § 3, effective July 15, 2020.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (8) at 868.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 1, (8) at 1057.

157.397. Salary supplement for speech-language pathologists or audiologists — Supplement to be considered in calculation for retirement.

Notwithstanding any other statute to the contrary:

    1. If funds are appropriated by the General Assembly for this purpose, a local board of education shall provide an annual salary supplement to all speech-language pathologists or audiologists: (1) (a) If funds are appropriated by the General Assembly for this purpose, a local board of education shall provide an annual salary supplement to all speech-language pathologists or audiologists:
      1. Who are employed by the local board of education to provide or coordinate speech-language pathology or audiology services for students; and
      2. Who hold:
          1. A certificate of clinical competence issued by the American Speech-Language Hearing Association; or a. i. A certificate of clinical competence issued by the American Speech-Language Hearing Association; or
          2. Board certification from the American Board of Audiology; and
          1. A valid Kentucky credential approved and issued by the Education Professional Standards Board under KRS Chapter 161; or b. i. A valid Kentucky credential approved and issued by the Education Professional Standards Board under KRS Chapter 161; or
          2. A license approved and issued by the Kentucky Board of Speech-Language Pathology and Audiology under KRS Chapter 334A.
    2. The salary supplement shall be in the same amount as the salary supplement provided to a public school teacher who has attained certification from the National Board for Professional Teaching Standards as provided in KRS 157.395 . If the amount appropriated by the General Assembly is less than the amount necessary to meet the requirements of this paragraph, the salary supplement received by each qualified speech-language pathologist or audiologist shall be reduced proportionately by the Department of Education so that all eligible individuals receive the same amount as a supplement.
    3. The supplement shall remain available to a speech-language pathologist or audiologist so long as funds are appropriated for this purpose by the General Assembly, and the speech-language pathologist or audiologist continues to meet the requirements established by this subsection. The supplement shall cease if the speech-language pathologist or audiologist is employed in another capacity by the local board where the provision of speech-language pathology or audiology services is incidental to his or her other duties.
    4. The Department of Education shall:
      1. Determine how many speech-language pathologists and audiologists qualify for the supplement each year;
      2. Determine the amount of the supplement available each year for each qualified speech-language pathologist and audiologist based on appropriated funds available;
      3. Notify each local board of education of the supplement amount available to each qualifying speech-language pathologist and audiologist employed by the local board of education; and
      4. Develop a process for payment to local boards of education of supplement amounts due;
  1. If funds are not appropriated by the General Assembly to support the salary supplement established by subsection (1) of this section, a local board of education may provide an annual salary supplement under the conditions established by subsection (1) of this section using the resources available to the local board of education; and
  2. The supplement authorized by this section shall be considered in the calculation for contribution to the Kentucky Teachers’ Retirement System.

History. Enact. Acts 2010, ch. 109, § 1, effective July 15, 2010.

157.400. Procedure for determining amount distributable to each district from foundation program fund. [Repealed.]

Compiler’s Notes.

This section (Acts 1976, ch. 93, § 29; 1976, ch. 93, § 15) was repealed by Acts 1978, ch. 133, § 9, effective June 17, 1978.

157.410. Payments of funds to districts.

For each school year the Finance and Administration Cabinet, on the certification of the chief state school officer, shall draw warrants on the State Treasurer for the amount of the public school fund due each district. Checks shall be issued by the State Treasurer and transmitted to the Department of Education or electronically transferred for distribution to the proper officials of the school districts when the districts have fully complied with the school laws and administrative regulations of the Kentucky Board of Education. The chief state school officer shall:

  1. Determine, on or before May 1 of each year, the estimated allotment of school funds to which each district is entitled for the upcoming fiscal year under KRS 157.310 to 157.440 . On July 1, August 1, and September 1 of each fiscal year, one-twelfth (1/12) of the estimated allotment shall be paid to each school district;
  2. Revise the estimated allotment on or before October 1 of each year. On October 1, November 1, December 1, January 1, February 1, and March 1 of each fiscal year, one-twelfth (1/12) of the revised estimated allotment shall be paid to each school district; and
  3. Determine, on or before March 1 of each year, the exact final amount of the common school funds to which each district is entitled for the fiscal year. The remainder of the amount due to each district for the fiscal year shall be distributed in equal installments on April 1, May 1, and June 1 of each fiscal year.

HISTORY: Enact. Acts 1976, ch. 93, § 30, effective July 1, 1976; 1978, ch. 155, § 82, effective June 17, 1978; 1984, ch. 368, § 3, effective July 13, 1984; 1990, ch. 476, Pt. III, § 100, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 389, § 5, effective July 14, 2000; 2018 ch. 171, § 5, effective April 14, 2018; 2018 ch. 207, § 5, effective April 27, 2018; 2018 ch. 131, § 1, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). This statute was amended by 2018 Ky. Acts chs. 131, 171, and 207, which do not appear to be in conflict and have been codified together.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (17) at 869.

157.420. Restrictions governing expenditure of funds from public school fund — Use of historic settlement school facilities — Use of capital outlay funds after mid-year adjustment — Evaluation of school buildings.

Public school funds made available to the credit of each district during any year shall be received, held, and expended by the district board, subject to the provisions of law and administrative regulations of the Kentucky Board of Education. The following restrictions shall govern the expenditure of funds from the public school fund:

  1. The salary paid any rank of teachers shall be at least equivalent to the amount set forth in the biennial budget schedule for each rank and experience for a term of one hundred eighty-five (185) days for full-time service during the regular school year.
  2. Beginning with the 2004-2006 biennium, the Kentucky Board of Education shall not approve any working budget or salary schedule for local boards of education for any school year unless the one hundred eighty-five (185) day salary schedule for certified staff has been adjusted over the previous year’s salary schedule by a percentage increase at least equal to the cost-of-living adjustment that is provided state government workers under the biennial budget. The base funding level in the program for support education excellence in Kentucky as defined in KRS 157.320 shall be increased by the statewide dollar value of the annual required cost-of-living percentage adjustment that shall be estimated on the sum of the previous year’s statewide teachers’ salaries.
  3. A district that compensates its teachers or employees for unused sick leave at the time of retirement, pursuant to KRS 161.155 , may create an escrow account to maintain the amount of funds necessary to pay teachers or employees who qualify for receipt of the benefit. The fund is limited to not more than fifty percent (50%) of the maximum liability for the current year to be determined according to the number of staff employed by the district on September 15. Interest generated by the account shall be calculated as part of the total amount. The funds shall not be used for any purpose other than compensation for unused sick leave at the time of retirement and shall not be considered as part of the general fund balance in determining available local revenue for purposes of KRS 157.620 .
    1. The per pupil capital outlay allotment for each district from the public school fund and from local sources shall be kept in a separate account and may be used by the district only for capital outlay projects approved by the commissioner of education in accordance with requirements of law, and based on a survey made in accordance with administrative regulations of the Kentucky Board of Education. These funds shall be used for the following capital outlay purposes: (4) (a) The per pupil capital outlay allotment for each district from the public school fund and from local sources shall be kept in a separate account and may be used by the district only for capital outlay projects approved by the commissioner of education in accordance with requirements of law, and based on a survey made in accordance with administrative regulations of the Kentucky Board of Education. These funds shall be used for the following capital outlay purposes:
      1. For direct payment of construction costs;
      2. For debt service on voted and funding bonds;
      3. For payment or lease-rental agreements under which the board eventually will acquire ownership of a school plant;
      4. For the retirement of any deficit resulting from overexpenditure for capital construction, if such deficit resulted from an emergency declared by the Kentucky Board of Education under KRS 160.550 ; and
      5. As a reserve fund for the above-named purposes, to be carried forward in ensuing budgets.
    2. A district may submit a request to the commissioner of education to use funds from the per pupil capital outlay allotment to purchase land for a new school or to modify an existing school if the project is included on the district facility plan for completion within eight (8) years. The land shall not be included in the calculation of the school district’s unmet need. The commissioner may grant or deny the district’s request at his or her discretion.
    3. A district which has experienced an increase in adjusted average daily attendance, as defined by administrative regulation, of twenty percent (20%) or more over a five (5) year period may submit a request to the commissioner of education to use capital outlay funds for the operation of a new school for the first two (2) years following its opening. The commissioner may grant or deny the district’s request at his or her discretion.
    4. A local school district may submit a request to the commissioner of education to use capital outlay funds for maintenance expenditures or for the purchase of property insurance without forfeiting the district’s participation in the School Facilities Construction Commission program. Maintenance requests may include other priorities that are not considered major renovations, such as repair, renovation, or system upgrades that are necessary to maintain the integrity of an existing school facility.
  4. The district may contribute capital outlay funds for energy conservation measures under guaranteed energy savings contracts pursuant to KRS 45A.345 , 45A.352 , and 45A.353 . Use of these funds, provided in KRS 45A.353 , 56.774 , and 58.600 , shall be based on the following:
    1. The energy conservation measures shall include facility alteration;
    2. The energy conservation measures shall be identified in the district’s approved facility plan;
    3. The current facility systems are consuming excess maintenance and operating costs;
    4. The savings generated by the energy conservation measures are guaranteed;
    5. The capital outlay funds contributed to the energy conservation measures shall be defined as capital cost avoidance as provided in KRS 45A.345 (2) and shall be subject to the restrictions on usage as specified in KRS 45A.352 (9); and
    6. The equipment that is replaced shall have exceeded its useful life as determined by a life-cycle cost analysis.
  5. If any district has a special levy for capital outlay or debt service that is equal to the capital outlay allotment or a proportionate fraction thereof, and spends the proceeds of that levy for the above-named purposes, the commissioner of education under administrative regulations of the Kentucky Board of Education, may authorize the district to use all or a proportionate fraction of its capital outlay allotment for current expenses. However, a district which uses capital outlay funds for current expenses shall not be eligible to participate in the School Facilities Construction Commission funds, except when the current expenditures are approved by the commissioner of education under subsection (4)(b) or (c) of this section.
  6. If a survey shows that a school district has no capital outlay needs as shown in subsection (4)(a)1., 2., 3., and 4. of this section, upon approval of the commissioner of education, these funds may be used for school plant maintenance, repair, insurance on buildings, replacement of equipment, purchase of school buses, and the purchase of modern technological equipment, including telecommunications hardware, televisions, computers, and other technological hardware to be utilized for educational purposes only.
  7. In surveying the schools, the Department of Education shall designate each school facility as a permanent, functional, or transitional center.
    1. “Permanent center” means a center which meets the program standards approved by the Kentucky Board of Education, is located so that students are not subjected to an excessive amount of time being transported to the site, and has established an attendance area which will maintain enrollment at capacity but will also avoid overcrowding.
    2. “Functional center” means a center which does not meet all the criteria established for a permanent facility, but is adequate to meet accreditation program standards to insure no substantial academic or building deficiency. The facility plan shall include additions and renovations necessary to meet current accreditation standards for which federal, state, and local funds may be used.
    3. “Transitional center” means a center which the local board of education has determined shall no longer be designated permanent or functional. The center shall be destined to be closed and shall not be eligible for new construction, additions, or major renovation. However, the board of education shall maintain any operating transitional center to provide a safe and healthy environment for students.
  8. Beginning in fiscal year 2011-2012, the Kentucky Department of Education shall standardize the process for evaluating the overall quality and condition of all school buildings across the state. The evaluation process shall:
    1. Result in consistent categorization of buildings for local planning purposes and for the distribution of state general fund moneys designated for capital construction;
    2. Be based on measurable, objective criteria;
    3. Include numerical scoring with weights to recognize building components and characteristics that address:
      1. Life safety issues;
      2. Compliance with state and federal codes;
      3. Compliance with requirements under the Americans with Disabilities Act;
      4. Community spaces;
      5. Instructional areas;
      6. Mechanical, electrical, plumbing, and other technology systems;
      7. Site and exterior building conditions;
      8. Age of the buildings;
      9. Feasibility of building additions or major renovations;
      10. The districts’ facility capacities;
      11. Current use of temporary facilities; and
      12. Projected enrollment growth; and
    4. Use of a third-party evaluator that utilizes an already established software-based system to perform the first, base-line evaluation.
  9. The Kentucky Board of Education shall promulgate an administrative regulation upon recommendation of the Kentucky Department of Education and the School Facilities Construction Commission to implement subsection (9) of this section.
  10. If a local school board authorized elementary, middle, or secondary education classes in a facility of a historical settlement school on January 1, 1994, the board shall continue to use the facilities provided by the settlement school if the facilities meet health and safety standards for education facilities as required by administrative regulations. The local school board and the governing body of the settlement school shall enter into a cooperative agreement that delineates the role, responsibilities, and financial obligations for each party.
  11. Notwithstanding the provisions of subsections (4) and (6) of this section, a local district that has requested a mid-year adjustment in the support education excellence in Kentucky funding under KRS 157.360(16) may request permission from the commissioner of education to use capital outlay funds for the purchase of school buses or to use the capital outlay funds for increased operational expenses for the first three (3) years following the increased growth in the district without forfeiture of the district’s participation in the School Facilities Construction Commission Program. The commissioner may grant or deny the district’s request.

History. Enact. Acts 1976, ch. 93, § 31, effective July 1, 1976; 1978, ch. 133, § 5, effective June 17, 1978; 1984, ch. 188, § 1, effective July 13, 1984; 1988, ch. 292, § 1, effective July 15, 1988; 1990, ch. 476, Pt. III, § 106, effective July 13, 1990; 1990, ch. 518, § 5, effective July 13, 1990; 1992, ch. 183, § 1, effective July 14, 1992; 1994, ch. 435, § 3, effective July 15, 1994; 1996, ch. 87, § 2, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 254, § 1, effective July 15, 1998; 1998, ch. 375, § 9, effective July 15, 1998; 2002, ch. 135, § 1, effective July 1, 2004; 2009, ch. 53, § 1, effective June 25, 2009; 2009, ch. 74, § 2, effective June 25, 2009; 2010, ch. 134, § 3, effective July 15, 2010; 2013, ch. 104, § 4, effective June 25, 2013.

Legislative Research Commission Notes.

(10/19/2004). 2004 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 11, provides, “Notwithstanding KRS 157.420(2), all certified and classified staff employed by local boards of education shall receive:

“(1) A cost-of-living adjustment of not less than two percent in fiscal year 2004-2005 and shall apply retroactively to July 1, 2004; and

“(2) Effective January 1, 2005, an additional cost-of-living adjustment of one percent is provided. The cost-of-living adjustments shall be in addition to the normal rank and experience increases attained by certified staff and in addition to any salary increase a classified employee might obtain due to additional experience or job classification.”

NOTES TO DECISIONS

1. School Closing.

Although school board did not specifically refer to school as a possible “functional center”, it clearly considered all ramifications, under this section, of keeping school open; thus, decision to close school was not arbitrary. Coppage v. Ohio County Bd. of Educ., 860 S.W.2d 779, 1992 Ky. App. LEXIS 182 (Ky. Ct. App. 1992).

Opinions of Attorney General.

Where a school teacher was ill and missed most of one month and part of the next, during which time the schools were closed 17 days due to severe weather and permission was granted by the Department of Education to cut short the school year by five days, as calamity days, the teacher was entitled to be paid for the calamity days; however, since she would have been unable to teach on these days, she must take these days as sick leave days under KRS 161.155 . OAG 78-311 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (4) at 868.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 2, (6) at 870.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 1, (3) at 1057.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 2, (6) at 1059.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (20) at 1064.

See State/Executive Branch Budget, 2017 Ky. Acts ch. 152, sec. 3 at 1110.

157.430. Percentage reduction in allotments in case of insufficient appropriation by General Assembly.

If, when the apportionments are being determined under the provisions of KRS 157.310 to 157.440 , funds appropriated by the General Assembly to the public school fund are insufficient to provide the amount of money required under KRS 157.390 , the chief state school officer, unless otherwise provided by the General Assembly in a budget bill, shall make a percentage reduction in the allotments to reduce the total of these allotments to funds available.

History. Enact. Acts 1976, ch. 93, § 32, effective July 1, 1976; 1978, ch. 133, § 6, effective June 17, 1978; 1984, ch. 410, § 11, effective July 13, 1984; 1990, ch. 476, Pt. III, § 101, effective July 13, 1990.

Legislative Research Commission Notes.

By reason of the amendment of KRS 157.390 by Acts 1985 (Ex. Sess.), ch. 10, § 6, a technical correction has been made in the reference to that section by the Reviser of Statutes, pursuant to KRS 7.136 .

Former KRS 157.430 (Enact. Acts 1954, ch. 214, sec. 13; 1956, ch. 106, secs. 7, 8; 1960, ch. 145, sec. 9; 1964, ch. 171, sec. 1) was repealed by Acts 1974, ch. 363, sec. 18, effective June 30, 1976.

157.440. Levy of an equivalent tax rate — Participation in Facilities Support Program — District may exceed levy authorized by KRS 160.470.

    1. Notwithstanding any statutory provisions to the contrary, effective for school years beginning after July 1, 1990, the board of education of each school district may levy an equivalent tax rate as defined in subsection (9)(a) of KRS 160.470 which will produce up to fifteen percent (15%) of those revenues guaranteed by the program to support education excellence in Kentucky. The levy for the 1990-91 school year shall be made no later than October 1, 1989, and no later than October 1, 1990, for the 1991-92 school year, and by October 1 of each odd-numbered year thereafter. Effective with the 1990-91 school year, revenue generated by this levy shall be equalized at one hundred fifty percent (150%) of the statewide average per pupil assessment. (1) (a) Notwithstanding any statutory provisions to the contrary, effective for school years beginning after July 1, 1990, the board of education of each school district may levy an equivalent tax rate as defined in subsection (9)(a) of KRS 160.470 which will produce up to fifteen percent (15%) of those revenues guaranteed by the program to support education excellence in Kentucky. The levy for the 1990-91 school year shall be made no later than October 1, 1989, and no later than October 1, 1990, for the 1991-92 school year, and by October 1 of each odd-numbered year thereafter. Effective with the 1990-91 school year, revenue generated by this levy shall be equalized at one hundred fifty percent (150%) of the statewide average per pupil assessment.
    2. To participate in the Facilities Support Program of Kentucky, the board of education of each school district shall commit at least an equivalent tax rate of five cents ($0.05) to debt service, new facilities, or major renovations of existing school facilities, or the purchase of land if approved by the commissioner of education as provided in KRS 157.420 (4)(b). The five cents ($0.05) shall be in addition to the thirty cents ($0.30) required by KRS 160.470(9) and any levy pursuant to paragraph (a) of this subsection. The levy shall be made no later than October 1 of each odd-numbered year. Eligibility for equalization funds for the biennium shall be based on the district funds committed to debt service on that date. The five cents ($0.05) shall be equalized at one hundred fifty percent (150%) of the statewide average per pupil assessment. The equalization funds shall be committed to debt service to the greatest extent possible, but any excess equalization funds not needed for debt service shall be deposited to a restricted building fund account. The funds may be escrowed for future debt service or used to address categorical priorities listed in the approved facilities plan pursuant to KRS 157.420 .
    3. The board of education of each school district may contribute the levy equivalent tax rate of five cents ($0.05) and equalization funds for energy conservation measures under guaranteed energy savings contracts pursuant to KRS 45A.345 , 45A.352 , and 45A.353 . Use of these funds, as provided under KRS 45A.353 , 56.774 , and 58.600 shall be based on the following guidelines:
      1. Energy conservation measures shall include facility alteration;
      2. Energy conservation measures shall be identified in the district’s approved facility plan pursuant to KRS 157.420;
      3. The current facility systems are consuming excess maintenance and operating costs;
      4. The savings generated by the energy conservation measures are guaranteed;
      5. The levy equivalent tax rate of five cents ($0.05) and equalization funds contributed to the energy conservation measures shall be defined as capital cost avoidance as provided in KRS 45A.345 (2) and shall be subject to the restrictions on usage as specified in KRS 45A.352 (9); and
      6. The equipment that is replaced has exceeded its useful life as determined by a life cycle cost analysis.
    4. The rate levied by a district board of education under the provisions of this subsection shall not be subject to the public hearing provisions of KRS 160.470(7) or to the recall provisions of KRS 160.470(8).
    5. A school district which is at or above the equivalent tax rates permitted under the provisions of the Kentucky Education Reform Act of 1990, 1990 Ky. Acts ch. 476, shall not be required to levy an equivalent tax rate which is lower than the rate levied during the 1989-90 school year.
    1. A district may exceed the maximum provided by subsection (1) of KRS 160.470 provided that, upon request of the board of education of the district, the county board of elections shall submit to the qualified voters of the district, in the manner of submitting and voting as prescribed in paragraph (b) of this subsection, the question whether a rate which would produce revenues in excess of the maximum provided by subsection (1) of KRS 160.470 shall be levied. The rate that may be levied under this section may produce revenue up to no more than thirty percent (30%) of the revenue guaranteed by the program to support education excellence in Kentucky plus the revenue produced by the tax authorized by this section. Revenue produced by this levy shall not be equalized with state funds. If a majority of those voting on the question favor the increased rate, the tax levying authority shall, when the next tax rate for the district is fixed, levy a rate not to exceed the rate authorized by the voters. (2) (a) A district may exceed the maximum provided by subsection (1) of KRS 160.470 provided that, upon request of the board of education of the district, the county board of elections shall submit to the qualified voters of the district, in the manner of submitting and voting as prescribed in paragraph (b) of this subsection, the question whether a rate which would produce revenues in excess of the maximum provided by subsection (1) of KRS 160.470 shall be levied. The rate that may be levied under this section may produce revenue up to no more than thirty percent (30%) of the revenue guaranteed by the program to support education excellence in Kentucky plus the revenue produced by the tax authorized by this section. Revenue produced by this levy shall not be equalized with state funds. If a majority of those voting on the question favor the increased rate, the tax levying authority shall, when the next tax rate for the district is fixed, levy a rate not to exceed the rate authorized by the voters.
    2. The election shall be held not less than fifteen (15) or more than thirty (30) days from the time the request of the board is filed with the county clerk, and reasonable notice of the election shall be given. The election shall be conducted and carried out in the school district in all respects as required by the general election laws and shall be held by the same officers as required by the general election laws. The expense of the election shall be borne by the school district.
  1. For the 1966 tax year and for all subsequent years for levies which were approved prior to December 8, 1965, no district board of education shall levy a tax at a rate under the provisions of this section which exceeds the compensating tax rate as defined in KRS 132.010 , except as provided in subsection (4) of this section and except that a rate which has been approved by the voters under this section but which was not levied by the district board of education in 1965 may be levied after it has been reduced to the compensating tax rate as defined in KRS 132.010 , and except that in any school district where the rate levied in 1965 was less than the maximum rate which had been approved by the voters, the compensating tax rate shall be computed and may be levied as though the maximum approved rate had been levied in 1965 and the amount of revenue which would have been produced from such maximum levy had been derived therefrom.
  2. Notwithstanding the limitations contained in subsection (3) of this section, no tax rate shall be set lower than that necessary to provide such funds as are required to meet principal and interest payments on outstanding bonded indebtedness and payments of rentals in connection with any outstanding school revenue bonds issued under the provisions of KRS Chapter 162.
  3. The chief state school officer shall certify the compensating tax rate to the levying authorities.

History. Enact. Acts 1954, ch. 214, § 14; 1965 (1st Ex. Sess.), ch. 2, § 6; 1970, ch. 118, § 3; 1976, ch. 127, § 22; 1978, ch. 133, § 7, effective June 17, 1978; 1990, ch. 476, Pt. III, § 107, effective July 13, 1990; 1990, ch. 518, § 4, effective July 13, 1990; 1994, ch. 435, § 1, effective July 15, 1994; 1996, ch. 87, § 3, effective July 15, 1996; 1998, ch. 375, § 10, effective July 15, 1998; 2000, ch. 389, § 9, effective July 14, 2000; 2009, ch. 53, § 2, effective June 25, 2009.

NOTES TO DECISIONS

  1. Submission to Voters.
  2. — Unrelated Objective.
  3. Specification of Maximum Rate.
  4. Listing of Existing Taxes.
  5. Referendum Not Required.
  6. Increase in Building Fund Levy.
  7. Voter Recall Election.
  8. School Funding.
1. Submission to Voters.

The Legislature in this section has taken recognizance of the two (2) entirely separate and distinct tax rate limitations of KRS 157.380 (now repealed) and 160.475 and provided that the maximum levy under either statute may be exceeded only by a vote of the people. Holmes v. Walden, 394 S.W.2d 458, 1965 Ky. LEXIS 182 ( Ky. 1965 ).

2. — Unrelated Objective.

Combining unrelated objectives in a single question is not necessarily improper or invalid and proposition presenting an essentially unified scheme, all parts of which were reasonably related afforded voter a free and fair choice in determining the merits of the proposal and two (2) separate questions as to whether taxpayer was for or against a combined tax authorization for public school purposes were proper as to form and substance. Hulbert v. Board of Education, 382 S.W.2d 389, 1964 Ky. LEXIS 342 ( Ky. 1964 ).

3. Specification of Maximum Rate.

With respect to the matter of fixing a specific rate this section makes it clear that only a maximum rate need be specified in the proposition submitted to the voters. Hopson v. Board of Education, 280 S.W.2d 489, 1955 Ky. LEXIS 154 ( Ky. 1955 ).

4. Listing of Existing Taxes.

No law requires the listing on the ballot of existing taxes in the proposal for a new tax. Hulbert v. Board of Education, 382 S.W.2d 389, 1964 Ky. LEXIS 342 ( Ky. 1964 ).

5. Referendum Not Required.

Although county voted tax rate was higher, referendum in former city school district was not necessary condition precedent to imposition of uniform tax rate throughout city-county merged school district since the situation of the residents of the former city school district is analogous to that of property owners who automatically become liable for a voted indebtedness of a city upon annexation of their property. Board of Education v. Harville, 416 S.W.2d 730, 1967 Ky. LEXIS 280 ( Ky. 1967 ).

6. Increase in Building Fund Levy.

Where voted building fund levy of school district had always been insufficient to meet rental payments required for the payment of revenue bonds so that part thereof had been paid from the general fund levy, the addition of subsection (7) to KRS 160.477 (now repealed) in a 1965 “rollback” act did not authorize an increase in building fund levy over the compensating rate as defined in KRS 132.010 to pay all of such rentals since subsection (3) of this section and 160.477 (7) simply restate and reaffirm the proposition that bond and rental payments must come out of the building fund levy, or out of the extra voted general fund levy or out of the basic general fund levy. Fayette County Board of Education v. White, 410 S.W.2d 612, 1966 Ky. LEXIS 37 ( Ky. 1966 ).

7. Voter Recall Election.

County board of education’s levy of a utility gross receipts licenses tax, designed to produce additional revenue up to 15% of the base funding level, was subject to statutory recall election provisions. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

The 1990 change in KRS 160.470 (10) and (11) (now 160.470 (7) and (8)) prevents voter recall of a property tax levy if the tax revenue is intended to provide mandatory minimum base funding or permissive Tier One funding, but under the previous funding scheme, the “notwithstanding” language of KRS 160.470 had no abrogative effect on voter recall of permissive utility taxes and the General Assembly preserved this right in the funding scheme. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

8. School Funding.

The present school funding statutes permit local boards of education to raise funds through property taxes and permissive taxes such as the utilities tax; base funding and Tier One funding can be produced by a property tax not subject to voter recall and this nonrecallable option enables boards of education to fund schools without relying on permissive taxes; the General Assembly has supplied a mechanism to satisfy base funding, as well as Tier One funding according to the mandate of Section 183 of the Kentucky Constitution; and that is all that Rose v. Council for Better Educ., Inc., 790 S.W.2d 186, 1989 Ky. LEXIS 55 ( Ky. 1989 ) requires. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

Cited:

Miller v. Nunnelley, 468 S.W.2d 298, 1971 Ky. LEXIS 334 ( Ky. 1971 ), cert. denied, 404 U.S. 941, 92 S. Ct. 286, 30 L. Ed. 2d 255, 1971 U.S. LEXIS 564 (1971);Baker v. Strode, 348 F. Supp. 1257, 1971 U.S. Dist. LEXIS 14893 (W.D. Ky. 1971 ).

Opinions of Attorney General.

A fiscal court may legally levy a tax at a figure above the $1.50 maximum set by KRS 160.475 where the figure is the amount necessary to provide the required local tax effort for participation in the Minimum Foundation Program by the local school district. OAG 65-600 .

Former subsections (2) and (4) of KRS 160.470 relate to the basic general fund levy while former subsection (6) of KRS 160.477 (now repealed) and subsection (2) of this section limit special voted levies to the compensating tax rate. Accordingly, these statutes do not authorize an independent school district to apply a 10 percent increase to the special voted tax in effect in the district. OAG 67-300 .

The maximum property tax levies for a merged school district for 1968-1969 are calculated as follows: (a) To the revenue that would be produced by applying the old city districts basic general fund levy for 1967-1968 to the assessment for that year add the revenue that would be produced by applying the old county (as it existed before the merger) district’s basic general fund levy for 1967-1968 to the assessment for that year. The sum of these figures is the total amount of ad valorem tax revenue in the computation of the maximum permissible ad valorem tax revenue under subsection (3) of KRS 160.470 . The proper basic fund levy can be calculated from the combined revenue and combined assessment figures (with net growth treated separately as indicated by former subdivision (3)(b) of KRS 160.470 ); (b) The special voted general fund rate (KRS 157.440 ) should be calculated at the proper compensating tax rate under the formula established in subdivision (6) of KRS 132.010 based on the 1965 revenue from this source and the 1966 assessment; (c) The special voted building fund rate (KRS 160.477 (now repealed)) should be calculated at the proper “compensating tax rate,” again using the formula appearing in subdivision (6) of KRS 132.010 ; (d) The overall tax rate can then be determined by adding the rates in (a), (b), and (c) above. OAG 68-343 .

A county board of education cannot, under the authority of subsection (3) of this section, levy a tax sufficient to meet the principal and interest payments on an outstanding bond issue authorized by the voters under this section and incurred to finance the construction of a high school, if the bond and rental requirements can be met by the use of total school district tax revenue. OAG 70-302 .

Inasmuch as the state is only liable for its share of the expense of a special school tax election if the election is paid for by the county, the state would not be authorized to pay any portion of the election cost where the expense is paid by a citizens’ educational advisory committee. OAG 76-214 .

Even though the 1990 amendment to KRS 160.470 by Ch. 476, § 105 set a new maximum equivalent tax rate, since in subdivision (1)(c) of this section the 1990 amendment by Ch. 476, § 107 to that section provided that any school district, which is at or above the equivalent tax rate permitted, shall not be required to levy an equivalent tax rate which is lower than the rate levied during the 1989-90 school year, Jefferson County may keep its equivalent tax rate at 75.9 cents for the 1990-91 school year. OAG 90-45 .

When levying a utilities gross receipts license tax for the purpose of complying with the minimum equivalent tax rate requirement set forth in KRS 160.470(12)(a) (now 160.470(9)(a)) or for the purpose of participating in the “Tier 1” program set forth in this section, a school board must follow the notice and hearing requirements of KRS 160.593 and KRS 160.603 , but the recall provisions of KRS 160.597 do not apply. OAG 90-88 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (12) at 869.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (20) at 1064.

See State/Executive Branch Budget, 2017 Ky. Acts ch. 152, sec. 3 at 1110.

Kentucky Bench & Bar.

Keating, You Get What You Pay For: Financing Public Schools in Kentucky, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 6.

Kentucky Law Journal.

Stevens, Property Tax Revenue Assessment Levels and Taxing Rate: The Kentucky Rollback Law, 60 Ky. L.J. 105 (1971).

Efficient School Design

157.450. Intent of KRS 157.450 and 157.455.

It is the intent of KRS 157.450 and 157.455 to:

  1. Support the construction of new school buildings and the renovation of existing school buildings in a manner that will create a healthy environment for students and teachers while saving energy, resources, and operational expenses; and
  2. Encourage the use of a life-cycle cost, holistic approach to building design that considers school design, construction, operation, and maintenance in the initial decision-making process.

History. Enact. Acts 2010, ch. 134, § 1, effective July 15, 2010.

157.455. Definitions — Legislative findings — Kentucky efficient school design trust fund — Development of guidelines — Assistance to school districts — Annual report.

  1. As used in this section:
    1. “Life-cycle cost analysis” means to calculate and compare different building designs to identify which is the best investment over the long term. Life-cycle costs include design and construction costs, operating costs, maintenance costs, and repair and replacement costs, adjusted for the time value of money;
    2. “Net zero building” means a building in which the amount of energy provided by on-site renewable energy sources is equal to the amount of energy used by the building; and
    3. “Efficient school design” means a school building design:
      1. That meets, at a minimum, the requirements of the United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) for schools at the “Certified” level or certification under a comparable system with equivalent requirements or other building performance certification systems, such as the United States Department of Energy’s Energy Star program;
      2. That ensures energy savings from a building design that equates to or exceeds ten percent (10%) over the American Society of Heating, Refrigerating, and Air Conditioning Engineers energy standard 90.1- 2007; and
      3. For which whole building life-cycle cost analysis illustrates that the design is cost-effective.
  2. The General Assembly hereby finds that schools that are constructed or renovated using efficient school design are proven effective vehicles for accomplishing some or all of the following beneficial public purposes:
    1. Lower operating costs and increased asset value;
    2. Reduced waste sent to landfills;
    3. Conservation of energy and water;
    4. Reduced storm drainage runoff;
    5. Healthier, safer environments for occupants;
    6. Reduced emissions of greenhouse gases; and
    7. Improved student attendance and performance by:
      1. Using the building as a teaching tool;
      2. Using the local environment as a context for curriculum integration;
      3. Providing rigorous, highly relevant, and applied learning; and
      4. Improving productivity by making buildings healthier for occupants, especially through the increased use of natural light.
  3. The Kentucky Department of Education and all school districts undertaking the construction of new school buildings or the major renovation of existing school buildings are strongly encouraged to:
    1. Meet or exceed efficient school design standards in planning and designing all new buildings and major renovation projects;
    2. Use life-cycle cost analysis to evaluate different design proposals; and
    3. Consider the possibility that each new school building or major renovation of a building could be a net zero building, either during the construction or renovation, or at a later date as resources become available.
    1. The Kentucky efficient school design trust fund is hereby created as a restricted account to be administered by the Department of Education. (4) (a) The Kentucky efficient school design trust fund is hereby created as a restricted account to be administered by the Department of Education.
    2. The account may receive contributions, gifts, donations, appropriations, and any other moneys made available for the account. Notwithstanding KRS 45.229 , any moneys remaining in the account at the close of a fiscal year shall not lapse, but shall be carried forward into the succeeding fiscal year to be used for the purposes set forth in this section. Interest on moneys in the account shall accrue to the account.
    3. Moneys in the account shall be used to offset the initial additional cost, if any, associated with the construction or renovation of school buildings using efficient school design.
    4. The Kentucky Board of Education shall promulgate administrative regulations pursuant to KRS Chapter 13A to prescribe how a local school district may qualify for and use funds from the account created by this subsection.
  4. The Department of Education shall develop and adopt guidelines for efficient school design, net zero buildings, and life-cycle cost analysis, including the identification of appropriate computer-based simulation programs for use in undertaking life-cycle cost analysis.
  5. The Department of Education and the Office of Energy Policy shall assist school districts in:
    1. Developing methods for measuring ongoing operating savings resulting from the use of efficient school design;
    2. Identifying sources for training for school staff and students to ensure that efficient school design features and components are fully utilized; and
    3. Identifying ways that efficient school design and its energy-saving components can be integrated into the school curriculum.
  6. The Department of Education and the Office of Energy Policy shall, by November 1, 2010, and each year thereafter, for the fiscal year ending on June 30 of that year, prepare a report that shall be submitted to the Legislative Research Commission and the Governor. The report shall address new school buildings or building renovations and shall include but not be limited to the following:
    1. An assessment of the implementation of efficient school design within Kentucky’s education system;
    2. Documented energy savings from any buildings built using efficient school design or net zero school buildings in operation;
    3. A list of the new or renovated school buildings completed or identified for future construction during the prior year using efficient school design, including the name of the school district, name of the school, total project cost, additional cost or savings, if any, associated with efficient school design features, and efficient school design features included in the project;
    4. A list of all school buildings that operate as a net zero building, and school buildings which school districts plan to convert to net zero. The list shall include the name of the school district, the name of the school, the total cost associated with the school building becoming a net zero building, and the components that will be installed to make the building a net zero building;
    5. Any recommendations relating to efficient school design; and
    6. A list of new school buildings completed during the prior year without using efficient school design and an explanation of why efficient school design was not used.

HISTORY: Enact. Acts 2010, ch. 134, § 2, effective July 15, 2010; 2018 ch. 29, § 59, effective July 14, 2018.

Experimental Programs

157.510. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 265, § 1(1); 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 186, effective July 13, 1990) was repealed by Acts 1996, ch. 10, § 2, effective July 15, 1996.

157.520. Authorization of experimental programs — Administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 265, §§ 1(2) to (5); 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 187, effective July 13, 1990; 1994, ch. 6, § 1, effective July 15, 1994) was repealed by Acts 1996, ch. 10, § 2, effective July 15, 1996.

157.530. Reimbursement of school district — Allotment of funds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 265, §§ 1(6), (7); 1990, ch. 476, Part III, § 188, effective July 13, 1990) was repealed by Acts 1996, ch. 10, § 2, effective July 15, 1996.

157.540. Evaluation of programs — Annual progress reports. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 265, § 1(8); 1990, ch. 476, Pt. III, § 189, effective July 13, 1990) was repealed by Acts 1996, ch. 10, § 2, effective July 15, 1996.

Power Equalization Program Fund

157.545. Power equalization program fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 93, § 2, effective July 1, 1977) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

157.550. Determination of amount of state power equalization support for each school district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 93, § 3, effective July 1, 1977) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

157.555. Calculation of amount of state power equalization support. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 93, § 4, effective July 1, 1977; 1978, ch. 147, § 3, effective March 28, 1978) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

157.560. Determination of maximum rate of power equalization support — Minimum rate established. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 93, § 5, effective July 1, 1977; 1985 (1st Ex. Sess.), ch. 10, § 8, effective October 18, 1985) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

157.564. Twenty-five cent school levy tax by district school board necessary for eligibility for state power equalization support. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 137, § 1, effective March 27, 1984; 1985 (1st Ex. Sess), ch. 10, § 7, effective October 18, 1985) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

157.565. Procedure for increasing tax rate to maximum support of power equalization — Substitution of revenue from permissive taxes to qualify for matching funds where tax rate not sufficient. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 93, § 6, effective July 1, 1977; 1978, ch. 147, § 1, effective March 28, 1978; 1982, ch. 217, § 2, effective July 15, 1982) was repealed by Acts 1984, ch. 137, § 3, effective March 27, 1984.

157.570. Procedure for payments of funds to districts. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 93, § 7, effective July 1, 1977; 1978, ch. 147, § 27, effective March 28, 1978) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

157.575. Power equalization support — Calculation of equivalent tax rate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 93, § 8, effective July 1, 1977; 1978, ch. 147, § 4, effective March 28, 1978; 1986, ch. 119, § 2, effective July 15, 1986) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

157.580. Use of power equalization funds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 9, effective October 18, 1985; 1986, ch. 435, § 1, effective July 15, 1986; 1988, ch. 337, § 1, effective July 15, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

Ride to the Center for the Arts Program Fund

157.605. Establishment of fund.

There is hereby established the “Ride to the Center for the Arts Program Fund” in the Department of Education. The fund may receive state appropriations, gifts, grants, federal funds, and tax receipts. Moneys from the fund shall be disbursed for purposes specified in KRS 157.606 .

History. Enact. Acts 1988, ch. 281, § 1, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 190, effective July 13, 1990.

157.606. Administration — Grants — Authority to promulgate administrative regulations.

  1. To facilitate opportunities for statewide participation by public school children in the Commonwealth in educational experiences available through the Kentucky Center for the Arts, the Department of Education shall administer the Ride to the Center for the Arts Program. Moneys from the ride to the center for the arts fund shall be used to provide matching funds to local school districts for the cost of transportation of students in grades six (6), seven (7), eight (8), and nine (9) for the purpose of visiting the Kentucky Center for the Arts.
  2. Grants shall be in the amount equal to one-half (1/2) the total transportation cost of the visit, as submitted and certified to by the local district to the chief state school officer or his designee.
  3. The Kentucky Board of Education shall promulgate administrative regulations as may be needed in the administration of the program and disbursement of moneys from the fund.

History. Enact. Acts 1988, ch. 281, § 2, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 191, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Intellectually Gifted or Talented Children Program Fund

157.610. Intellectually gifted or talented children program funds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 133, § 8) was repealed by Acts 1980, ch. 183, § 9, effective July 15, 1980.

School Facilities Construction Commission

157.611. School Facilities Construction Commission — Legislative intent.

  1. By establishing the School Facilities Construction Commission, the General Assembly expresses its commitment to help local districts meet the school construction needs and the education technology needs of the state in a manner which will insure an equitable distribution of funds based on unmet facilities need and the total implementation of the Kentucky Education Technology System.
  2. The commission is empowered to act on behalf of school districts to issue bonds in the name of the commission and to enter into lease agreements with local boards of education to finance construction of new facilities, major renovation of existing school facilities. The commission is also empowered to enter into agreements which may provide for a percentage discount, on a biennially renewable basis, of annual lease agreements due the commission for those districts which participate. The commission is also empowered to enter into lease agreements with the Department of Education to build state-owned facilities operated by the Department of Education or to purchase or lease education technology equipment and related software identified in the technology master plan for those facilities or the Department of Education.
  3. The commission shall assist local school boards meet their education technology needs by distributing state funds appropriated for this purpose and by assisting school boards to design efficient finance plans for the bonding, purchase or lease of education technology equipment and related software identified in the technology master plan.
  4. The commission shall administer two (2) separate programs: the school construction funding program and the education technology funding program. Funds appropriated for each program shall be maintained, administered, and audited separately.
  5. Nothing in KRS 157.611 to 157.640 shall prohibit a school district from issuing bonds in accordance with KRS Chapter 162.

History. Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 26, effective October 18, 1985; 1986, ch. 435, § 1, effective July 15, 1986; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 382, effective July 13, 1990; 1992, ch. 195, § 5, effective April 3, 1992.

Compiler’s Notes.

This section (Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 26, effective October 18, 1985; 1986, ch. 435, § 1, effective July 15, 1986) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 382, effective July 13, 1990.

Opinions of Attorney General.

The Kentucky School Facilities Construction Commission Act, KRS 157.611 to 157.640 , does not give the Commission unilateral power to choose whether that Act or KRS 162.120 to 162.300 will be used to finance school building construction. OAG 86-50 .

The Kentucky School Facilities Construction Commission can enter into participation agreements with local school districts providing for the payment of debt service on bonds issued by local issuing agencies without the necessity of taking title and leasing school projects to local districts. OAG 86-50 .

Construction projects for which the School Facilities Construction Commission may provide assistance are those listed on the school facilities plans of eligible school districts approved as of June 30 of the year preceding the session of the General Assembly at which funding for the projects is provided through the appropriation of funds for the payment of debt service on the Commission’s bonds. As a result, offers of assistance made by the Commission under the applicable statutes are, by statutory necessity, specific as to projects, and the Commission does not have the authority to allow a school district to expend funds available to the district under the original offer of assistance for a project which was not on the approved facility plan as of June 30 of the year preceding the biennium in which funding is approved, but which has since been added to a duly approved facility plan. OAG 87-46 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.615. Definitions for KRS 157.611 to 157.640.

As used in KRS 157.611 to 157.640 , unless the context requires otherwise:

  1. “Available local revenue” means the sum of the school building fund account balance; the bonding potential of the capital outlay and building funds; and the capital outlay fund account balance on June 30 of odd-numbered years. These accounts shall be as defined in the manual for Kentucky school financial accounting systems;
  2. “Board of education” means the governing body of a county school district or an independent school district;
  3. “Bonds” or “bonds of the commission” means bonds issued by the commission, or issued by a city, county, or other agency or instrumentality of the Board of Education, in accordance with KRS Chapter 162, payable as to principal and interest from rentals received from a board of education or from the department pursuant to a lease or from contributions from the commission, and constitute municipal bonds exempt from taxation under the Constitution of the Commonwealth;
  4. “Department” means the State Department of Education;
  5. “District technology plan” means the plan developed by the local district and the Department of Education and approved by the Kentucky Board of Education upon the recommendation of the Council for Education Technology;
  6. “Equivalent tax rate” means the rate which results when the income from all taxes levied by the district for school purposes is divided by the total assessed value of property plus the assessment for motor vehicles certified by the Department of Revenue as provided by KRS 160.470 ;
  7. “Kentucky Education Technology System” means the statewide system set forth in the technology master plan issued by the Kentucky Board of Education with the recommendation of the Council for Education Technology and approved by the Legislative Research Commission;
  8. “Lease” or “lease instrument” means a written instrument for the leasing of one (1) or more school projects executed by the commission as lessor and a board of education as lessee, or executed by the commission as lessor and the department as lessee, as the case may be;
  9. “Lease/purchase agreement” means a lease between the school district or the department and a vendor that includes an option to purchase the technology equipment or software at the end of the lease period;
  10. “Percentage discount” means the degree to which the commission will participate in meeting the bond and interest redemption schedule required to amortize bonds issued by the commission on behalf of a local school district;
  11. “Project” means a defined item of need to construct new facilities or to provide major renovation of existing facilities which is identified on the priority schedule of the approved school facilities plan;
  12. “School facilities plan” means the plan developed pursuant to the survey specified by KRS 157.420 and by administrative regulations of the Kentucky Board of Education;
  13. “Technology master plan” means the long-range plan for the implementation of the Kentucky Education Technology System as developed by the Council for Education Technology and approved by the Kentucky Board of Education and the Legislative Research Commission;
  14. “Unmet facilities need” means the total cost of new construction and major renovation needs as shown by the approved school facilities plan less any available local revenue;
  15. “Unmet technology need” means the total cost of technology need as shown by the approved technology plan of the local district; and
  16. “Eligible district” means any local school district having an unmet facilities need, as defined in this section, in excess of one hundred thousand dollars ($100,000) or a district qualifying for education technology funding.

History. Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 27, effective October 18, 1985; 1988, ch. 213, § 1, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 192, effective July 13, 1990; 1992, ch. 195, § 6, effective April 3, 1992; 1996, ch. 87, § 4, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 2001, ch. 165, § 1, effective June 21, 2001; 2005, ch. 85, § 592, effective June 20, 2005.

Opinions of Attorney General.

The Kentucky School Facilities Construction Commission can enter into participation agreements with local school districts providing for the payment of debt service on bonds issued by local issuing agencies without the necessity of taking title and leasing school projects to local districts. OAG 86-50 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.617. Creation — Powers — Members — Duties.

  1. An independent corporate agency and instrumentality of the Commonwealth is hereby created and established with all the general corporate powers incidental thereto. The corporation shall be known as “The School Facilities Construction Commission” and shall be endowed with perpetual succession and with the power to contract and to be contracted with, to sue and be sued, to have and to use a corporate seal, to adopt bylaws and regulations, subject to the provisions of KRS Chapter 13A, for the orderly conduct of its affairs.
  2. The commission shall consist of the secretary of the Finance and Administration Cabinet and eight (8) members appointed by the Governor. The members shall possess a knowledge of long-term debt financing or school facility planning and construction. Appointment shall become effective on January 1 and end on December 31, except the initial appointments shall become effective when made by the Governor. Members shall serve staggered six (6) year terms, except when making the initial appointments three (3) members shall be appointed for six (6) year terms, three (3) members shall be appointed for four (4) year terms, and two (2) members shall be appointed for two (2) year terms. The Governor shall appoint a chairman and vice chairman for the first year; thereafter a chairman and vice chairman shall be elected annually by the membership. The commission may elect other officers it considers necessary and shall employ a director and staff necessary to manage the program.
  3. If any of the officers of the commission whose signatures or facsimiles thereof appear on any bonds of the commission, or on any other instruments or documents pertaining to the functions of the commission, shall cease to be such officers before delivery of the bonds, or before the effective date or occasion of such instruments or documents, the signatures, and facsimiles thereof, shall nevertheless be valid for all purposes the same as if the officers had remained in office until such delivery or effective date or occasion.
  4. Officers, employees, and agents of the commission having custody of money shall at all times be bonded to the maximum amount reasonably anticipated to be held at any one (1) time; and each bond shall have good corporate surety, provided by a surety company authorized to do business in the Commonwealth, to be approved in each instance by the commission. Premiums for such surety shall be paid from the budgeted funds of the commission.
  5. The commission shall at all times keep and maintain books of record and account reflecting accurately all its financial transactions. The commission shall be audited annually and shall submit a written report of its activities to the Governor. A copy of each report shall be filed with the Legislative Research Commission.
  6. Moneys received by the commission as rentals under any lease, and from the sale of bonds are declared not to be funds of the Commonwealth, but shall be corporate funds of the commission to be held, administered, invested, and disbursed as trust funds under the terms, provisions, pledges, covenants, and agreements set forth in its leases and bond resolutions and bonds.
  7. The commission and all of its transactions, activities, and proceedings in the authorization and issuance of its bonds, execution of leases, acceptance of conveyances of property, transaction of conveyances of property, and otherwise, shall be exempt from all provisions relating to custodianship by the Secretary of State of title documents, leases, abstracts of title, maps, and other records as provided in KRS 56.020 and 56.320 . Conveyances of property to or by the commission shall not be deemed to be conveyances to or by the Commonwealth, and title to any property acquired by the commission shall be held by the commission in its own name.
  8. The Finance and Administration Cabinet shall provide technical assistance to the commission in the issuance of bonds.

History. Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 28, effective October 18, 1985; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 383, effective July 13, 1990.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.618. Emergency and targeted investment fund — Purposes — Reimbursement requirement — Administrative regulations — Annual report.

  1. The emergency and targeted investment fund is hereby created as a restricted fund in the State Treasury, to be administered by the School Facilities Construction Commission.
    1. Notwithstanding KRS 45.229 or any other provision of the Kentucky Revised Statutes, any appropriations to the School Facilities Construction Commission that have not been expended at the end of a fiscal year shall not lapse but shall be transferred to the emergency and targeted investment fund. The fund may also receive other appropriations from the General Assembly and reimbursements from local school districts. (2) (a) Notwithstanding KRS 45.229 or any other provision of the Kentucky Revised Statutes, any appropriations to the School Facilities Construction Commission that have not been expended at the end of a fiscal year shall not lapse but shall be transferred to the emergency and targeted investment fund. The fund may also receive other appropriations from the General Assembly and reimbursements from local school districts.
    2. Notwithstanding KRS 45.229, amounts remaining in the emergency and targeted investment fund at the end of a fiscal year shall not lapse but shall be carried forward to the next fiscal year, to be used for the purposes set forth in this section.
  2. Notwithstanding KRS 157.620 and 157.622 , the commission may use moneys in the fund to:
    1. Offer grants for the purposes of financing the construction and equipping of new facilities, or the major renovation of current facilities, if a local school district’s facilities are:
      1. Destroyed or severely damaged by an emergency. For the purposes of this paragraph, “emergency” means a condition that arises from an accident, catastrophe, or other unforeseen occurrence such as a fire, storm, flood, or other event that involves unusual danger to the lives or property of area residents; or
      2. Destroyed or severely damaged through a criminal or negligent act; or
    2. Award a cash grant to a school district to assist in bringing the school up to code if:
      1. A school building is to be closed by a state or federal official or agency, including the state fire marshal or the Department for Environmental Protection; and
      2. The Kentucky Department of Education has declared the situation to be an emergency.
  3. If a school district receives assistance from the commission under this section and subsequently, as a result of litigation or insurance, receives funds for the original facility, the school district shall reimburse the fund an amount equal to the amount received pursuant to this section. If the litigation or insurance receipts are less than the amount received under this section, the district shall reimburse the fund an amount equal to the amount received as a result of litigation or insurance, less the district’s costs and legal fees in securing the judgment or payment.
  4. The commission, in cooperation with the department, shall promulgate administrative regulations under KRS Chapter 13A establishing the process to apply for and receive funds from the emergency and targeted investment fund.
  5. By October 1 of each year, the commission shall provide a report on the fund’s activities to the Legislative Research Commission.

History. Enact. Acts 2014, ch. 102, § 32, effective July 15, 2014; 2016 ch. 138, § 4, effective April 27, 2016.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. V, A, 5 at 940.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.620. School district participation requirements.

  1. To participate in the school construction funding program, the district must have unmet needs as defined by KRS 157.615 and must meet the following eligibility criteria:
    1. Commit at least an equivalent tax rate of five cents ($0.05) to debt service, new facilities, or major renovations of existing school facilities as defined by KRS 157.440 . A district that levies the five cents ($0.05) and has not accepted an official offer of assistance from the School Facilities Construction Commission, made pursuant to KRS 157.611 , may use receipts from the levy for other purposes as determined by the district board of education.
    2. On July 1 of odd-numbered years, the district board of education shall restrict all available local revenue, as defined by KRS 157.615 , for school building construction, to be utilized in accordance with the priorities determined by the most current school facilities plan approved by the Kentucky Board of Education.
  2. Interest earned on restricted funds required by this section shall become a part of the restricted funds.
  3. Funds restricted by the requirements of this section may be used by the district for projects or a portion thereof as listed in priority order on the approved school facilities plan prior to receiving state funds. Any local school district which is not an eligible district may be permitted, upon written application to the Department of Education, to transfer funds restricted by KRS 157.611 to 157.640 for other school purposes.
  4. Not later than October 15 of the year immediately preceding an even-numbered year regular session of the General Assembly, the Kentucky Board of Education shall submit a statement to the School Facilities Construction Commission certifying the following in each district:
    1. The amount of school facility construction needs in each district;
    2. The amount of available local revenue in each district; and
    3. That the district has or has not met the eligibility criteria established by subsection (1) of this section.
  5. Construction needs shall be those needs specified in the school facilities plan approved by the Kentucky Board of Education as of June 30 of the year preceding an even-numbered year regular session of the General Assembly.

History. Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 29, effective July 29, 1985; 1988, ch. 356, § 1, effective April 10, 1988; 1990, ch. 476, Pt. IV, § 193, effective July 13, 1990; 1990, ch. 518, § 6, effective July 13, 1990; 1992, ch. 251, § 1, effective July 14, 1992; 1992, ch. 352, § 1, effective July 14, 1992; 1994, ch. 435, § 2, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 2001, ch. 58, § 16, effective June 21, 2001; 2001, ch. 165, § 2, effective June 21, 2001.

Legislative Research Commission Notes.

(6/21/2001). This section was amended by 2001 Ky. Acts chs. 58 and 165, which do not appear to be in conflict and have been codified together.

Opinions of Attorney General.

Construction projects for which the School Facilities Construction Commission may provide assistance are those listed on the school facilities plans of eligible school districts approved as of June 30 of the year preceding the session of the General Assembly at which funding for the projects is provided through the appropriation of funds for the payment of debt service on the Commission’s bonds. As a result, offers of assistance made by the Commission under the applicable statutes are, by statutory necessity, specific as to projects, and the Commission does not have the authority to allow a school district to expend funds available to the district under the original offer of assistance for a project which was not on the approved facility plan as of June 30 of the year preceding the biennium in which funding is approved, but which has since been added to a duly approved facility plan. OAG 87-46 .

The plain language of this section permits the county prospectively to commit 5¢ of the 36.2¢ equivalent tax rate now in effect for debt service, new facilities or major renovations of existing school facilities in order to qualify to participate in the school construction funding program, regardless of the fact that in the past the district may not have had a voted building tax. OAG 90-80 .

This section permits any district which has a current levy exceeding both the required 30¢ and the 5¢ tax, not to levy an additional tax. OAG 90-80 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

Kentucky Bench & Bar.

Keating, You Get What You Pay For: Financing Public Schools in Kentucky, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 6.

157.621. Additional tax levies for debt service, new facilities, and major renovations in school districts with student population growth — Criteria — Equalization funding.

  1. In addition to the levy required by KRS 157.440(1)(b) to participate in the Facilities Support Program of Kentucky, local school districts that have made the levy required by KRS 157.440(1)(b) are authorized to levy the following additional equivalent rates to support debt service, new facilities, or major renovations of existing school facilities, which levies shall not be subject to recall under any provision of the Kentucky Revised Statutes, or to voter approval under the provisions of KRS 157.440(2):
      1. Prior to April 24, 2008, local school districts that have experienced student population growth during a five (5) year period may levy an additional five cents ($0.05) equivalent rate for debt service and new facilities. The tax rate levied by the district under this provision shall not be equalized by state funding, except as provided in paragraph (b) of this subsection. Any levy imposed under this paragraph prior to April 24, 2008, by a local school district shall continue until removed by the local school district. (a) 1. Prior to April 24, 2008, local school districts that have experienced student population growth during a five (5) year period may levy an additional five cents ($0.05) equivalent rate for debt service and new facilities. The tax rate levied by the district under this provision shall not be equalized by state funding, except as provided in paragraph (b) of this subsection. Any levy imposed under this paragraph prior to April 24, 2008, by a local school district shall continue until removed by the local school district.
      2. A local school district shall meet the following criteria in order to levy the tax provided in subparagraph 1. of this paragraph:
        1. Growth of at least one hundred fifty (150) students in average daily attendance and three percent (3%) overall growth for the five (5) preceding years;
        2. Bonded debt to the maximum capability of at least eighty percent (80%) of capital outlay from the Support Education Excellence in Kentucky funding program, all revenue from the local facility tax, and all receipts from state equalization on the local facility tax;
        3. Current student enrollment in excess of available classroom space; and
        4. A local school facility plan that has been approved by the Kentucky Board of Education and certified to the School Facilities Construction Commission;
      1. In addition to the levy authorized by paragraph (a) of this subsection, a local school district may levy an additional five cents ($0.05) equivalent rate under the same terms and conditions established by paragraph (a) of this subsection beginning in fiscal year 2003-2004 if the levy was made prior to April 24, 2008, and if the local school district: (b) 1. In addition to the levy authorized by paragraph (a) of this subsection, a local school district may levy an additional five cents ($0.05) equivalent rate under the same terms and conditions established by paragraph (a) of this subsection beginning in fiscal year 2003-2004 if the levy was made prior to April 24, 2008, and if the local school district:
        1. Levied the five cents ($0.05) equivalent rate authorized by paragraph (a) of this subsection; and
        2. Still meets the requirements established by paragraph (a)2. of this subsection.
      2. Any school district that imposes both the levy authorized by paragraph (a) of this subsection and the additional levy authorized by subparagraph 1. of this paragraph shall receive equalization funding from the state for the levy imposed by paragraph (a) of this subsection beginning in fiscal year 2003-2004. Equalization shall be provided at one hundred fifty percent (150%) of the statewide average per pupil assessment, subject to the provision of funding by the General Assembly. Equalization funds shall be used as provided in KRS 157.440(1)(b).
      3. Any levy imposed under this paragraph prior to April 24, 2008, by a local school district shall continue until removed by the local school district; and
      1. A local school district that meets the following conditions may levy an additional five cents ($0.05) equivalent rate on and after April 24, 2008: (c) 1. A local school district that meets the following conditions may levy an additional five cents ($0.05) equivalent rate on and after April 24, 2008:
        1. The local school district is located in a county that will have more students as a direct result of the new mission established for Fort Knox by the Base Realignment and Closure (BRAC) 2005 issued by the United States Department of Defense pursuant to the Defense Base Closure and Realignment Act of 1990, Pub. L. No. 100-526, Part A of Title XXIX of 104 Stat. 1808, 10 U.S.C. sec. 2687 note; and
        2. The commissioner of education has determined, based upon the presentation of credible data, that the projected increased number of students is sufficient to require new facilities or the major renovation of existing facilities to accommodate the new students, and has approved the imposition of the additional levy.
      2. Any local school district that imposes both the levy authorized by paragraph (a) of this subsection and the additional levy authorized by subparagraph 1. of this paragraph, and that has not received equalization funding under subsection (2) or (3) of this section, shall receive equalization funding from the state for the levy imposed by paragraph (a) of this subsection beginning in the fiscal year following the fiscal year in which the levy authorized by subparagraph 1. of this paragraph is imposed. Equalization shall be provided at one hundred fifty percent (150%) of the statewide average per pupil assessment, subject to the provision of funding by the General Assembly. Equalization funds shall be used as provided in KRS 157.440(1)(b).
      3. Any levy imposed under this paragraph by a local school district shall continue until removed by the local school district.
    1. Any local school district that, prior to April 27, 2016, levied an equivalent rate that: (2) (a) Any local school district that, prior to April 27, 2016, levied an equivalent rate that:
      1. Was subject to recall at the time it was levied; and
      2. Included a rate of at least five cents ($0.05) equivalent rate for the purpose of debt service for school construction or major renovation of existing school facilities;
    2. It is the intent of the General Assembly that for levies described in this subsection that are imposed on or after April 27, 2016, equalization funds, if provided by the General Assembly, shall terminate upon the earlier of June 30, 2038, or the date the bonds for the local school district supported by this equalization funding are retired. Equalization shall be subject to the fiscal condition of the Commonwealth and the provision of funding by the General Assembly.
  2. Any local school district that:
    1. Levied an equivalent tax rate as of April 24, 2008, that included at least ten cents ($0.10) that was devoted to building purposes, or that had debt service corresponding to a ten cents ($0.10) equivalent rate;
    2. Did not receive equalized growth funding pursuant to subsection (1)(b)2. of this section; and
    3. Has been approved by the commissioner of education;
    1. Notwithstanding any other provision of this section, any local school district receiving equalization funding prior to April 27, 2016, related to an equivalent rate levy described in subsection (1), (2), (3), or (5) of this section shall continue to receive the equalization funding related to the applicable equivalent rate levy, subject to the limitations established by subsections (1), (2), (3), and (5) of this section, and subject to the fiscal condition of the Commonwealth and the provision of funding by the General Assembly, until amended by subsequent action of the General Assembly. A local school district described in this paragraph shall not be eligible to receive equalization for any additional equivalent rate levies made by it on or after April 27, 2016. (4) (a) Notwithstanding any other provision of this section, any local school district receiving equalization funding prior to April 27, 2016, related to an equivalent rate levy described in subsection (1), (2), (3), or (5) of this section shall continue to receive the equalization funding related to the applicable equivalent rate levy, subject to the limitations established by subsections (1), (2), (3), and (5) of this section, and subject to the fiscal condition of the Commonwealth and the provision of funding by the General Assembly, until amended by subsequent action of the General Assembly. A local school district described in this paragraph shall not be eligible to receive equalization for any additional equivalent rate levies made by it on or after April 27, 2016.
    2. Notwithstanding any other provision of this section, any local school district that has imposed an equivalent rate levy described in subsection (1)(a) or (b) or (2) of this section prior to April 27, 2016, that qualifies for equalization but that has not yet received equalization funding shall be eligible for equalization funding as provided in subsection (1)(a) or (b) or (2) of this section, subject to the provision of funding by the General Assembly.
    3. On and after April 24, 2008, a local school district not included in paragraph (a) or (b) of this subsection shall be prohibited from imposing an equivalent rate levy under the provisions of subsection (1)(a) or (b) of this section, and shall not be eligible for equalization funding under the provisions of this section.
    4. On and after April 24, 2008, a local school district meeting the requirements of subsection (1)(c) of this section may impose the levy authorized by subsection (1)(c) of this section, and shall qualify for equalization as provided in subsection (1)(c) of this section, subject to the provision of funding by the General Assembly.
    1. Any local school district that: (5) (a) Any local school district that:
      1. Had school facilities classified as Category 5 on May 18, 2010, by the Kentucky Department of Education; and
      2. Levied an additional five cents ($0.05) equivalent tax rate prior to April 27, 2016, for debt service, new construction, and major renovation beyond the five cents ($0.05) equivalent tax rate required by KRS 157.440(1)(b), except as provided in paragraph (b) of this subsection; shall be eligible for equalization from the state for that levy at one hundred fifty percent (150%) of the statewide average per pupil assessment beginning in the fiscal year following the fiscal year in which the levy was imposed. This levy shall be subject to the recall provisions of KRS 132.017 .
    2. School districts that levied a five cents ($0.05) equivalent tax rate for debt service, new construction, and major renovation, beyond the rate required by KRS 157.440(1)(b) prior to May 18, 2010, shall not be required to levy an additional tax to receive the equalization funds provided in paragraph (a) of this subsection.
    3. If the school district utilizes the equalization funds to support a bond issue for construction purposes, equalization funds shall be provided until the earlier of twenty (20) years or date the bonds are retired.
    4. In the event that a school district receives funding pursuant to this subsection to support construction of a new school facility and subsequently, as a result of litigation, receives funding for the same facility for which state funds were provided, that school district shall reimburse the Commonwealth an amount equal to the amount provided under paragraph (a) of this subsection. Any funds received in this manner shall be deposited in the budget reserve trust fund account established in KRS 48.705 .

shall be eligible for retroactive equalization from the state for that levy at one hundred fifty percent (150%) of the statewide average per pupil assessment beginning in fiscal year 2003-2004, subject to the fiscal condition of the Commonwealth and the provision of funding by the General Assembly. Equalization funds shall be used as provided in KRS 157.440(1)(b).

shall be eligible for equalization from the state for that levy at one hundred fifty percent (150%) of the statewide average per pupil assessment beginning in fiscal year 2005-2006, subject to the provision of funding by the General Assembly. Equalization funds shall be used as provided in KRS 157.440(1)(b). Equalization funds shall be available to a local school district pursuant to this subsection until the earlier of June 30, 2038, or the date the bonds for the local school district supported by this equalization funding are retired.

History. Enact. Acts 1994, ch. 436, § 1, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 389, § 10, effective July 14, 2000; 2008, ch. 80, § 1, effective April 11, 2008; ch. 132, § 13, effective April 24, 2008; repealed and reenact., Acts 2009, ch. 86, § 12, effective March 24, 2009; 2016 ch. 138, § 5, effective April 27, 2016; 2018 ch. 171, § 3, effective April 14, 2018; 2018 ch. 207, § 3, effective April 27, 2018.

Legislative Research Commission Notes.

(4/27/2018). This statute was amended by 2018 Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.

(3/24/2009). 2009 Ky. Acts ch. 86, sec. 17, provides that “The intent of the General Assembly in repealing and reenacting KRS 136.392 , 138.195 , 141.160 , 160.6156 , 160.6157 , 160.6158 , 131.183 , 141.044 , 141.235 , 134.580 , 393.060 , and 157.621 in Sections 1 to 12 of this Act is to affirm the amendments made to these sections in 2008 Ky. Acts ch. 132. The provisions in Sections 1 to 12 of this Act shall apply retroactively to April 24, 2008.”

(3/24/2009). 2009 Ky. Acts ch. 86, sec. 18, provides “To the extent that any provision included in this Act is considered new language, the provisions of KRS 446.145 requiring such new language to be underlined are notwithstood.”

(4/24/2008). This section was amended by 2008 Ky. Acts chs. 80 and 132, in nearly identical form. After passage of House Bill 734 (which became 2008 Ky. Acts ch. 80), House Bill 704 (which became 2008 Ky. Acts ch. 132) was enacted containing amendments to this section that are identical to those in House bill 734, with the addition of a few phrases. While there is no conflict in the text of these Acts and they have been codified together, the phrase “the effective date of this Act” has been codified as “April 24, 2008,” in accordance with KRS 446.250 , which provides that the last Act passed by the General Assembly prevails.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (11) at 868.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (12) at 868 and 1088.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (13) at 869.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 1, (14) at 869.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (20) at 1064.

See State/Executive Branch Budget, 2017 Ky. Acts ch. 152, sec. 3 at 1110.

157.622. Assistance to school districts — Priority order of needs — Exception — Reallocation of funds — Disposition of bond savings and refinancing savings.

The School Facilities Construction Commission shall be governed by the following procedures in providing assistance to school districts for construction purposes:

  1. Upon receipt of the certified statements from the Kentucky Board of Education as required by KRS 157.620 , the commission shall compute the unmet needs of all eligible districts as defined by KRS 157.615 ;
  2. Assistance to each eligible district shall be determined by computing the ratio of the available state funding to total unmet need statewide. Based on the computed ratio, an equivalent percentage of each eligible district’s unmet need will be funded;
  3. Each eligible district which has otherwise complied with the provisions of KRS 157.615 and 157.620 shall be offered sufficient funding to finance construction of the portion of its unmet need computed by applying the ratio determined in subsection (2) of this section to the total unmet need of the district. The funds shall be applied to the projects listed on the most current facility plan approved by the Kentucky Board of Education, and the funds shall be applied to projects in the priority order listed on the plan. Exceptions to the priority order of projects may be approved by the School Facilities Construction Commission when it is documented by the local board of education and approved by the Kentucky Board of Education upon the recommendation of the chief state school officer that the school district’s priority order of needs has changed. The exceptions shall not alter the amount of the offer of assistance;
  4. The commission shall promulgate administrative regulations whereby an eligible district which fails in any budget period to receive an allocation of state funds that is sufficient to fund the district’s priority project or portions thereof may accumulate credit, subject to the availability of funds, for its unused state allocation for a period not to exceed eight (8) years. Accumulation and retention of credit is contingent upon the transfer of available local revenue to the restricted construction account by June 30 of each year;
  5. Except as provided in subsection (6) of this section, all unused state allocations accumulated according to the provisions of subsection (3) of this section shall be reallocated by the commission. The reallocation shall follow the process and intent as set forth in this section with eligible districts being those districts which contribute unused state allocations to the reallocation account. Any district which has an unused state allocation after funding its first priority project in a biennium is not eligible for consideration for additional funds from the reallocation account. Any funding received and utilized from the reallocation account by a district shall equally reduce the credit as set forth in this section; and
  6. Refinancing savings that have occurred since July 1, 1997, and subsequent savings to the commission generated over the life of a bond by the local district’s refinancing of the bond shall be dedicated to the district’s account by the commission. Any funds accumulated in this account shall be used toward the district’s next priority, but shall not be deducted from the district’s share of commission funds under subsection (3) of this section.

History. Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 30, effective October 18, 1985; 1988, ch. 213, § 2, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 194, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 591, § 1, effective July 15, 1998; 2001, ch. 165, § 3, effective June 21, 2001; 2006, ch. 156, § 1, effective July 12, 2006.

Legislative Research Commission Notes.

(6/21/2001). A reference to “subsection (7)” in subsection (5) of this statute has been changed in codification to “subsection (6)” under KRS 7.136(1)(e) and (h). In 2001 Ky. Acts ch. 165, sec. 3, the existing subsection (6) was renumbered as subsection (5), but an internal reference to that subsection in the existing language of this statute was overlooked.

Opinions of Attorney General.

The Kentucky School Facilities Construction Commission can enter into participation agreements with local school districts providing for the payment of debt service on bonds issued by local issuing agencies without the necessity of taking title and leasing school projects to local districts. OAG 86-50 .

Construction projects for which the School Facilities Construction Commission may provide assistance are those listed on the school facilities plans of eligible school districts approved as of June 30 of the year preceding the session of the General Assembly at which funding for the projects is provided through the appropriation of funds for the payment of debt service on the Commission’s bonds. As a result, offers of assistance made by the Commission under the applicable statutes are, by statutory necessity, specific as to projects, and the Commission does not have the authority to allow a school district to expend funds available to the district under the original offer of assistance for a project which was not on the approved facility plan as of June 30 of the year preceding the biennium in which funding is approved, but which has since been added to a duly approved facility plan. OAG 87-46 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.623. Funding urgent and critical construction needs — Proceeds of litigation or insurance to be used for reimbursement.

  1. Notwithstanding KRS 157.620 and any provision included in an enacted executive branch budget, urgent and critical construction needs shall be determined by the Department of Education. The department shall provide a funding allocation to a school district for a school that has been closed to the public because it is structurally unsound as determined by a certified engineer, or is otherwise uninhabitable as determined by the commissioner of education, and has a bond that has not been retired. The commissioner of education shall determine if a school qualifying under this subsection shall receive an allocation and shall determine which of the following options is in the best interest of the Commonwealth:
    1. To allot funding to the school district to retire the unpaid debt on the structurally unsound or uninhabitable building; or
    2. To provide the semi-annual debt service payments on the current issue.
  2. If funds are not available for the purpose set out in subsection (1) of this section, the costs shall be deemed a necessary government expense and shall be paid from the general fund surplus account under KRS 48.700 or the budget reserve trust fund under KRS 48.705 .
  3. If a school district receives an allotment under subsection (1) of this section and subsequently, as the result of litigation or insurance, receives funds for the original facility, the school district shall reimburse the Commonwealth an amount equal to that received pursuant to subsection (1) of this section. If the litigation or insurance receipts are less than the amount received pursuant to subsection (1) of this section, the district shall reimburse the Commonwealth an amount equal to that received as a result of litigation or insurance less the district’s costs and legal fees in securing the judgment or payment. Any funds received in this manner shall be deposited in the budget reserve trust fund account established in KRS 48.705 .

History. Enact. Acts 2011, ch. 32, § 1, effective March 15, 2011.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.625. Issuance of bonds.

  1. Bonds of the commission shall be issued in the name of the commission, shall be designated “school building revenue bonds” or, if appropriate, “school building revenue refunding bonds,” and shall additionally be identified by the name of the board of education executing the lease. If the commission shall issue more than one (1) series of bonds for the same lessee from time to time, each series, including the first or subsequent to the first, shall additionally be identified distinctly by alphabetical or chronological designation, by date of the bonds, or otherwise as the commission may determine.
  2. For the purpose of determining any limit prescribed by any law for investment of any public funds, or funds of banks, trust companies, insurance companies, building and loan associations, credit unions, pension and retirement funds, and fiduciaries, in obligations of a single obligor, bonds issued by the commission pursuant to KRS 157.615 to 157.640 shall not be deemed to be bonds or obligations of the same obligor except to the aggregate of all series of bonds involving leases of a single board of education.
  3. Bonds issued by the commission under the provisions of KRS 157.615 to 157.640 are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of a similar nature may properly and legally invest funds, including capital in their control or belonging to them. The bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds or other obligations of the Commonwealth is now or may hereafter be authorized by law.
  4. Nothing contained herein shall be construed to prohibit a board of education from electing to issue bonds on the local level through a city, county, or other agency and instrumentality of the board of education, and in such event the commission may enter into a participation agreement with the board of education implementing the commission’s participation in the financing plan represented by the bonds. In the event of the issuance of bonds on the local level, the board of education may pledge and assign the commission’s participation to the issuer to secure the bonds, and may contract with the issuer to permit the collection by the commission or the issuer of rentals due from the board of education under the lease in the event of a failure by the board of education to make the payments in a timely manner.

History. Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 31, effective October 18, 1985; 1988, ch. 213, § 2, effective July 15, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 384, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 31, effective October 18, 1985; 1988, ch. 213, § 2, effective July 15, 1988) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 384, effective July 13, 1990.

Opinions of Attorney General.

The Kentucky School Facilities Construction Commission Act, KRS 157.611 to 157.640 , does not give the Commission unilateral power to choose whether that Act or KRS 162.120 to 162.300 will be used to finance school building construction. OAG 86-50 .

The Kentucky School Facilities Construction Commission can use a composite bond issue to provide funding for multiple school districts in one bond issue, but each district should be identified separately in the issue. OAG 86-50 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.627. Requirements for issuance — Accounting procedure.

In connection with each bond issue of the commission as defined in KRS 157.615(3), it shall be the duty of the commission:

  1. To require the district board of education to insure the project to its full insurable value, or to the amount of the bonds outstanding from time to time, whichever is the less, against the hazards covered by the standard fire insurance policy with standard endorsement of “extended coverage,” and to require that a copy of each policy be delivered to the commission for inspection and for its records;
  2. To require periodic accounting from all depositories of funds, the same to be submitted on forms prepared and supplied by the commission;
  3. To furnish to the certified public accountant auditing the district, summary identification and description of each issue, and to request that the financial records of the board of education relating thereto be audited as a part of the annual audit of the board of education, and that a separate statement or report thereof be filed with the commission;
  4. To send to each board of education at least thirty (30) days before the due date of any rental payment a notice of the amount of rental to become due and the date thereof, and to require acknowledgment thereof; and
  5. To receive from the board of education, satisfactory evidence that sufficient funds have been transmitted to the commission or its agent, or will be so transmitted, in the event of the board’s failure to pay debt service and administrative costs when due, as provided in the lease, to notify and request that the department withhold from the board of education a sufficient portion of any undisbursed funds then held or set aside or allocated to it, and to request that the department transfer the required amount thereof to the commission for the account of the board of education.

History. Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 32, effective October 18, 1985; 1988, ch. 213, § 4, effective July 15, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 385, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 32, effective October 18, 1985; 1988, ch. 213, § 4, effective July 15, 1988) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 385, effective July 13, 1990.

Opinions of Attorney General.

A local school district may contract to allow funds held for the local district by the Kentucky Department of Education to be transferred as directed, assuming all statutory and constitutional requirements relative to the use of those funds, if any, have been met. OAG 87-22 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.628. Reimbursement for bonds previously issued.

  1. A school district which has issued revenue bonds according to the provisions of KRS Chapter 162 shall be eligible to participate in a reimbursement schedule if all of the following conditions are met:
    1. The district met all criteria for first round financing except that the district had no unmet needs on its facility survey in effect at that time;
    2. An amended facility survey, approved prior to June 30, 1986, is on file with the Department of Education; and
    3. Revenue bonds were issued after January 1, 1986, and prior to January 1, 1987.
  2. Annual reimbursement shall be provided for bond debt service equal to the amount to which the district would have been entitled if the facility survey had been updated prior to first round funding.

History. Enact. Acts 1988, ch. 356, § 2, effective July 15, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 386, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 356, § 2, effective July 15, 1988) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 386, effective July 13, 1990.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.630. Sale of bonds — Publication area.

Bonds of the commission shall be sold in such form and in such manner as the commission deems appropriate in accordance with prevailing market conditions. If the bonds are sold on the basis of sealed bids or proposals, the “publication area,” as that term is used in KRS Chapter 424, shall not be deemed to be the area within which the office of the commission is situated, but shall be deemed to be the “publication area” of the board of education executing the lease. If the bonds are sold on the basis of sealed bids or proposals, the sale shall be publicly advertised by means of a notice conforming to the provisions of KRS 424.140 , and the same shall be published at least one (1) time, at least seven (7) days in advance of the date set forth for opening bids, in a daily newspaper having bona fide general circulation throughout the Commonwealth. If such publication is made, it shall be sufficient for publication in the “publication area” to be made only one (1) time, at least seven (7) days in advance of the date set forth for the opening of bids. If a copy of the sale notice be delivered or transmitted in good faith to the qualified newspaper of the “publication area” in time for publication in an issue thereof published seven (7) days or more in advance of the date set forth for the opening of bids, and with direction for publication therein, any failure of such newspaper to make publication as directed shall not invalidate the sale of the bonds by the commission on the designated date, nor require postponement or cancellation thereof.

History. Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 32, effective October 18, 1985; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 387, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 32, effective October 18, 1985) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 387, effective July 13, 1990.

Opinions of Attorney General.

The Kentucky School Facilities Construction Commission must sell its bonds or the bonds of local issuing agencies issued on behalf of eligible school districts to which the Commission has made a commitment on a negotiated basis at a publicly advertised, competitive sale pursuant to this section. OAG 86-50 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.632. Department to require audit.

It shall be the duty of the department, upon written request of the commission:

  1. To cause the certified public accountant auditing the district to audit the financial records relating to any identified and described bond issue of the commission, as an incident to the certified public accountant’s next ensuing annual audit of such board of education, and each subsequent annual audit; and to provide a statement or report to the commission.
  2. Upon receiving a notification and request from the commission to ascertain whether the lease of the board of education has been renewed and is in force in accordance with its terms, and if the same is ascertained to be in force; to withhold from the board of education a sufficient portion of any undisbursed funds then held or set aside or allocated by the department for the board of education, and to comply with the terms of the notification and request of the commission for the account of said board of education.

History. Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 34, effective October 18, 1985; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 388, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 34, effective October 18, 1985) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 388, effective July 13, 1990.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.635. Revenue bonds for state projects.

  1. The School Facilities Construction Commission is hereby authorized to issue revenue bonds for the purpose of financing projects authorized by the General Assembly based upon lease rental agreements with the Kentucky Department of Education for the purpose of:
    1. Acquiring sites and building vocational schools which are to be owned by the state and operated by the Department of Education;
    2. Constructing additions and extensions to the School for the Deaf and the School for the Blind which are owned by the state and operated by the Department of Education; and
    3. Building projects for vocational rehabilitation programs which are owned by the state and operated by the Department of Education.
  2. In exercising the authority in subsection (1) of this section, the commission will act under the applicable provisions of KRS Chapter 56.

History. Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 35, effective October 18, 1985; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 389, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 35, effective October 18, 1985) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 389, effective July 13, 1990.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.640. Successor agency of Kentucky School Building Authority.

The School Facilities Construction Commission is the successor agency of the Kentucky School Building Authority created by the 1978 Acts of the General Assembly Chapter 153. All powers, duties, obligations, and assets of the Kentucky School Building Authority, including an obligation for only those projects which have been approved for funding or partial funding as of July 1, 1985, and for which funds have been appropriated by the General Assembly as of June 30, 1986, are hereby transferred to the School Facilities Construction Commission. The commission is hereby empowered with all rights of successorship necessary to assure continuance of all legal and contractual functions and liabilities associated with the outstanding bonds issued in the name of the Kentucky School Building Authority and may refund such bonds previously issued in the name of the Kentucky School Building Authority.

History. Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 36, effective October 18, 1985; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 390, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 36, effective October 18, 1985) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 390, effective July 13, 1990.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

157.650. Construction of certain sections relating to educational technology — Power of School Facilities Construction Commission.

  1. By establishing the education technology funding program in the School Facilities Construction Commission, the General Assembly expresses its commitment to promote a partnership with the state and the local public school districts to meet the educational technology needs of Kentucky’s students in a manner which will insure an equitable distribution of funds. Nothing in KRS 157.611 , 157.615 , 157.650 to 157.665 , or 160.160 shall be construed as limiting a local school district’s legal options to acquire education technology equipment and related software with state dollars if the equipment and software is approved under the master technology plan.
  2. The School Facilities Construction Commission is empowered to assist requesting local boards of education to issue bonds or to enter into lease agreements, or both, to finance the purchase or lease of technological equipment and related software or major renovation of existing school facilities to allow the use of educational technology.

History. Enact. Acts 1992, ch. 195, § 1, effective April 3, 1992.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (1) at 870.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (16) at 1062.

157.655. Education technology program.

  1. To participate in the education technology funding program, a local public school district shall have an unmet technology need described in its local district technology plan and approved by the Kentucky Board of Education pursuant to its technology master plan, and shall match equally the amount of funds offered by the School Facilities Construction Commission for this purpose each biennium, except as provided in subsection (2) of this section. Technology approved for the Kentucky Education Technology System and included in the local district technology plan, which was acquired prior to April 3, 1992, and for which the district has an outstanding financial obligation, shall qualify for commission funding. This provision shall not apply to any purchases or contracts made between April 3, 1992, and the first offers of assistance recommended by the Council for Education Technology to the State Board for Elementary and Secondary Education.
  2. For fiscal year 1992-93, funding shall be allotted to districts without an approved plan upon the recommendation of the Council for Education Technology to the State Board for Elementary and Secondary Education.
  3. If a local board of education determines that for any reason the district’s approved technology plan is grossly inconsistent with the administrative regulations governing the development of the plan, the local board may certify, by official action, the reason for the inconsistency and may request that the Department of Education reevaluate the technology plan of the district. After review of the data, the chief state school officer may require a reevaluation and the approval of a new technology plan certified prior to an official offer from the School Facilities Construction Commission. If the chief state school officer elects to recommend the new technology plan to the Kentucky Board of Education, the board shall notify the School Facilities Construction Commission of any change required in the offer of assistance for the district.

History. Enact. Acts 1992, ch. 195, § 2, effective April 3, 1992; 1996, ch. 362, § 6, effective July 15, 1996.

Legislative Research Commission Notes.

(7/15/96). Notwithstanding 1996 Ky. Acts ch. 362, sec. 6, references to the State Board for Elementary and Secondary Education in subsections (1) and (2) of this statute have been left unchanged because those references are historical in nature.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (1) at 870.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (16) at 1062.

157.660. Procedures for providing assistance for education technology.

The School Facilities Construction Commission shall be governed by the following procedures in making an offer of assistance to local public school districts for providing education technology:

  1. The base level of assistance to each eligible district shall be determined by dividing the total amount available for education technology by the total of the prior year’s statewide average daily attendance of the eligible districts times the district’s prior year’s average daily attendance.
  2. The funds shall be applied to the projects listed in the district’s technology plan, and the funds shall be applied to projects in the priority order listed on the plan except as provided in KRS 157.655(2). The first priority for the expenditure of each new offer of assistance shall be to meet the previous obligations of bonds, leases, or other financial agreements made for education technology by the district.
  3. The commission shall establish administrative regulations by which a district that receives an offer of assistance but does not have the local match shall be able to accumulate a credit for the state offer of assistance for a period not to exceed three (3) years.
  4. All unused state funds allocated according to the provisions of subsection (1) of this section shall be reallocated by the commission. The reallocation shall follow the process and intent as set forth in this section with eligible districts being those districts which have the available local matching funds and have not completely implemented the Kentucky Education Technology System.

History. Enact. Acts 1992, ch. 195, § 3, effective April 3, 1992.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (1) at 870.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (16) at 1062.

157.665. Kentucky education technology trust fund.

  1. To carry out the purpose of providing educational technology for the public system of education pursuant to KRS Chapter 156, the Kentucky education technology trust fund is hereby established in the Finance and Administration Cabinet. Funds appropriated by the General Assembly in each biennial budget for the purchase or lease of education technology for the public system of education shall be credited to the fund and invested until needed. All interest earned on money in the fund shall be retained in the fund for reinvestment.
  2. All funds appropriated for these purposes by the 1990 and 1992 Regular Sessions of the General Assembly and thereafter, and any interest generated by these funds, shall be transferred to the account on April 3, 1992. All money credited to the fund, including interest, shall be used only for education technology purposes as defined by the Kentucky Board of Education’s technology master plan and shall not lapse, but shall be carried forward in the next biennial budget. The purposes expressed in this section shall be deemed to be the purposes for which any budgetary appropriation for educational technology shall have been made.
  3. Funds shall be transferred to the local school districts upon certification of the School Facilities Construction Commission that the district has met the criteria for assistance. All other expenditures shall require the approval of the Kentucky Board of Education.

History. Enact. Acts 1992, ch. 195, § 4, effective April 3, 1992; 1996, ch. 362, § 6, effective July 15, 1996.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 28, (3) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (1) at 870.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (2) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (4) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 28, (5) at 1053.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (16) at 1062.

Bluegrass State Skills Corporation

157.710. Definitions for KRS 157.720 to 157.750. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 211, § 1, effective July 13, 1984, repealed and reenact. Acts 1990, ch. 476, Pt. V, § 391, effective July 13, 1990) was renumbered as KRS 154.12-204 by the Reviser of Statutes under the authority of KRS 7.136 and 7.140 .

157.720. Bluegrass State Skills Corporation — Board. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 211, § 2, effective July 13, 1984; 1988, ch. 199, § 1, effective July 15, 1988; 1988, ch. 205, § 8, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 195, effective July 13, 1990) was renumbered as KRS 154.12-205 by the Reviser of Statutes under the authority of KRS 7.136 and 7.140 .

157.730. Duties of corporation. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 211, § 3, effective July 13, 1984; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 392, effective July 13, 1990) was renumbered as KRS 154.12-206 by the Reviser of Statutes under the authority of KRS 7.136 and 7.140 .

157.740. Grants-in-aid. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 211, § 4, effective July 13, 1984; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 393, effective July 13, 1990) was renumbered as KRS 154.12-207 by the Reviser of Statutes under the authority of KRS 7.136 and 7.140 .

157.750. Annual report. [Renumbered.]

Compiler’s Notes.

This section (Repealed and reenact. Acts 1990, ch. 476, Pt. V, § 394, effective July 13, 1990) was renumbered as KRS 154.12-208 by the Reviser of Statutes under the authority of KRS 7.136 and 7.140 .

Kentucky School Building Authority

157.800. Legislative intent. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 1, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.805. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 2, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.810. Trust and agency powers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 3, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.815. Kentucky school building authority. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 4, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.820. Signatures on bonds — Quorum — Meetings — Bylaws — Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 5, effective July 17, 1978; 1980, ch. 114, § 22) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.825. Duty of authority. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 6, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.830. Director of authority. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 7, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.835. Cost participation formula. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 8, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.840. Eligibility classification system. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 9, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.845. Eligibility for assistance. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 10, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.850. Participation agreements — Bonds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 11, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

Legislative Research Commission Note.

Although KRS 157.850 was amended by Acts 1986, ch. 23, § 10, effective July 15, 1986, it was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986. Pursuant to KRS 446.100 , the repeal prevails.

157.855. Moneys from rentals and bond sales as corporate funds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 12, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.860. Officers, employes and agents to be bonded. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 13, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.865. Records and accounts — Annual audit. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 14, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.870. Prerequisites for bond issue. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 15, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.875. Duties of department. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 16, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.880. Bond issue — Legal investment. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 17, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.885. Exemptions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 18, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.890. Sale of bonds — Publication area. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 19, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

157.895. Revenue bonds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 153, § 20, effective July 17, 1978) was repealed by Acts 1985 (Ex. Sess.), ch. 10, § 41, effective June 30, 1986.

Environmental Education

157.900. Statement of legislative purpose.

The General Assembly hereby declares that maintaining a clean and healthy environment is a state priority and is the individual and collective responsibility of all citizens of Kentucky. It is therefore in the public interest that a comprehensive environmental education initiative be undertaken to promote an informed and knowledgeable citizenry with the skills and attributes necessary to effectively and constructively solve existing environmental problems, prevent new ones, and maintain a balanced and economically healthy environment for future generations.

History. Enact. Acts 1990, ch. 408, § 1, effective July 13, 1990.

157.905. Definitions.

As used in KRS 157.900 to 157.915 :

  1. “Environmental education” means an education process dealing with the interrelationships among the natural world and its man-made surroundings; is experience-based; interdisciplinary in its approach; and is a continuous life-long process that provides the citizenry with the basic knowledge and skills necessary to individually and collectively encourage positive actions for achieving and maintaining a sustainable balance between man and the environment.
  2. “Environmental literacy” means having adequate knowledge and understanding of environmental information, concepts and processes.

History. Enact. Acts 1990, ch. 408, § 2, effective July 13, 1990.

157.910. Kentucky Environmental Education Council.

  1. There is hereby established the Kentucky Environmental Education Council, referred to hereafter as the council, to provide leadership and planning for environmental education for the population of Kentucky through the cooperative efforts of educators, government agencies, businesses, and public interests. The council shall be an independent agency and be attached to the Education and Workforce Development Cabinet for administrative purposes.
  2. The nine (9) member council shall be appointed to four (4) year terms by the Governor and be composed of a balance of education, government, industry, and environmental interests. Members appointed by the Governor shall have the authority to carry out the provisions of KRS 157.900 to 157.915 .
  3. The council shall hire an executive director, environmental education specialists, and clerical staff to carry out the functions and duties of the council.
  4. The council members shall receive no compensation, but shall be reimbursed for actual expenses incurred in accordance with state procedures and policies.
  5. The council membership shall elect a chairperson to serve a one (1) year term.

History. Enact. Acts 1990, ch. 408, § 3, effective July 13, 1990; 1994, ch. 209, § 13, effective July 15, 1994; 1998, ch. 67, § 2, effective July 15, 1998; 2006, ch. 211, § 85, effective July 12, 2006; 2009, ch. 11, § 46, effective June 25, 2009.

157.915. Functions of council.

The functions of the council shall be to:

  1. Create and update annually a five (5) year management and operational plan to make as effective as possible the coordination, delivery, and marketing of all state environmental education programs;
  2. Establish an interagency subcommittee to advise the council on environmental education matters;
  3. Establish and help coordinate the activities of regional environmental education centers and advisory committees at all state universities and at the central office of the Kentucky Community and Technical College System to serve as networks for the dissemination of environmental education programs, materials, and information across the state;
  4. Establish a competitive system for awarding grants for the establishment and maintenance of regional environmental education centers;
  5. Seek and receive private support to fund state and regional environmental education initiatives;
  6. Assist in the integration and evaluation of environmental education in existing school curricula;
  7. Monitor and report periodically on environmental literacy in Kentucky and continually assess trends and needs in environmental education on a local, state, national, and global basis; and
  8. Make recommendations and seek changes through regulations, legislation, and other means to promote environmental literacy in Kentucky.

History. Enact. Acts 1990, ch. 408, § 4, effective July 13, 1990; 2013, ch. 93, § 1, effective June 25, 2013.

Geography Education

157.920. Geography education — Legislative findings and goal.

  1. The General Assembly hereby finds that:
    1. The decline in geographic literacy has been widely recognized;
    2. Geographic knowledge is essential to social, political, and environmental leadership potential and civic involvement; and
    3. Support should be given to local efforts to restore geography education to the school curriculum, train teachers, prepare teaching materials, and raise public awareness of the importance of geography education.
  2. The General Assembly establishes, on behalf of the citizens of the Commonwealth, a goal that the next generation of students in Kentucky will graduate with the geographic skills and knowledge that will guarantee their readiness to meet the economic, environmental, and civic challenges of the future.

History. Enact. Acts 2000, ch. 259, § 1, effective July 14, 2000.

157.921. Kentucky Geographic Education Board — Purpose — Membership — Bylaws.

  1. The Kentucky Geographic Education Board is established to provide leadership and planning for geography education for the population of Kentucky through the efforts of elementary, secondary, and postsecondary educators, government agencies, and public interests. The board shall be an independent agency and be attached to the Education and Workforce Development Cabinet for administrative purposes.
  2. The twelve (12) member board shall be appointed to two (2) year terms, initially appointed by the Governor, and composed of the following members:
    1. Three (3) representatives from postsecondary institutions;
    2. One (1) representative from the Council for Social Sciences;
    3. Six (6) representatives from elementary and secondary schools;
    4. One (1) representative of the Department of Education; and
    5. One (1) representative of the Council on Postsecondary Education.
  3. The board shall select from its membership a chair and establish bylaws, including bylaws governing board membership and length of terms. Upon expiration of the initial appointments and adoption of bylaws governing membership and length of terms by the board, the board shall be self-perpetuating, and the appointment and length of terms shall be made in accordance with the board’s bylaws. Vacancies that occur before the expiration of the initial appointments shall be filled by the Governor for the remaining term of the vacancy.
  4. The board members shall receive no compensation but shall be reimbursed for actual expenses incurred in accordance with state procedures and policies.

History. Enact. Acts 2000, ch. 259, § 2, effective July 14, 2000; 2006, ch. 211, § 86, effective July 12, 2006; 2009, ch. 11, § 47, effective June 25, 2009.

157.922. Functions of the board.

The functions of the board shall be to:

  1. Create an annual plan to improve assessment, curriculums, outreach, and professional development related to geography education in Kentucky;
  2. Establish a competitive system for awarding grants for programs to encourage and support geography education;
  3. Seek and receive private support to fund state programs to encourage and support geography education;
  4. Prepare an annual report of its activities and annual plan, forward copies of the report to the Governor, the Legislative Research Commission, the Kentucky Board of Education, and the Council on Postsecondary Education, and make copies available to citizens of the Commonwealth; and
  5. Make recommendations and seek changes through administrative regulations, legislation, and other means to promote geography education in Kentucky.

History. Enact. Acts 2000, ch. 259, § 3, effective July 14, 2000.

157.924. Geography education trust fund — Purposes.

  1. The Kentucky geography education trust fund is established in the State Treasury to award grants for programs that encourage and support geography education in Kentucky. Funds appropriated by the General Assembly in each biennial budget for the purpose of supporting geography education shall be credited to the fund and invested until needed. The fund may also receive gifts, grants from private and public sources, and federal funds. All money credited to the fund, including interest earned on money in the fund, shall be retained in the fund for reinvestment and used for geography education purposes as defined by the Kentucky Geographic Education Board.
  2. Money appropriated to the fund shall not lapse at the end of a fiscal year or a biennium.

History. Enact. Acts 2000, ch. 259, § 4, effective July 14, 2000.

Penalties

157.990. Penalties.

  1. Any person who willfully violates any of the provisions of KRS 157.100 to 157.180 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
  2. Any person who willfully violates any of the provisions of KRS 157.310 to 157.440 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

History. Enact. Acts 1976, ch. 93, § 33, effective July 1, 1976; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 395, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 93, § 33, effective July 1, 1976) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 395, effective July 13, 1990.

Legislative Research Commission Note.

Former KRS 157.990 (4421c-10; amend. Acts 1954, ch. 214, § 15) was repealed by Acts 1974, ch. 363, § 18, effective June 30, 1976.

Opinions of Attorney General.

A public school cannot use the withholding of grades, diplomas or records as a leverage to force a student to meet his obligations concerning property. OAG 82-386 .

CHAPTER 157A Foundation Program [Repealed]

157A.010. Declaration of legislative intent. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 1, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.020. Regulations as to kindergartens. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 2, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.030. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 3, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.040. Foundation program fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 4, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.050. Eligibility of districts for participation in foundation program fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 5, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.060. Allotment of pupil units. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 6, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.070. Determination of value of pupil units. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 7, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.080. Classification of teachers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 8, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.090. Determination of transportation costs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 9, effective July 17, 1978; 1976, ch. 78, § 1, effective March 29, 1976) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976 and was also repealed by Acts 1986, ch. 331, § 63, effective July 15, 1986. For present law see KRS 157.370 .

157A.100. Determination of local tax efforts. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 10, effective July 17, 1978; 1976, ch. 260, § 3) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976 and was also repealed by Acts1986, ch. 331, § 63, effective July 15, 1986. For present law see KRS 157.440 .

157A.110. Procedure for determining amount distributable to each district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 11, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.120. Procedure for payment of funds to district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 12, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.130. Restrictions governing expenditure of funds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 13, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.140. Percentage reduction in allotments. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 14, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.150. Evaluation of weighted pupil unit — Report. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 15, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.160. Operation of chapter. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 16, effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

157A.990. Penalties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 363, § 17(2), effective July 17, 1978) was repealed by Acts 1976, ch. 93, § 34, effective July 1, 1976.

CHAPTER 158 Conduct of Schools — Special Programs

158.005. Definition of “character education.”

As used in KRS Chapters 156 and 158, unless the context requires otherwise, “character education” means instructional strategies and curricula that:

  1. Instill and promote core values and qualities of good character in students including altruism, citizenship, courtesy, honesty, human worth, justice, knowledge, respect, responsibility, and self-discipline;
  2. Reflect the values of parents, teachers, and local communities; and
  3. Improve the ability of students to make moral and ethical decisions in their lives.

History. Enact. Acts 2000, ch. 162, § 1, effective July 14, 2000.

158.007. Definitions for chapter.

As used in KRS Chapter 158 unless the context requires otherwise:

  1. “Advanced placement” or “AP” means a college-level course that incorporates all topics and instructional strategies specified by the College Board on its standard syllabus for a given subject area and is licensed by the College Board.
  2. “Advanced science and mathematics” means Advanced Placement or AP biology, calculus, chemistry, computer science, environmental science, and physics, and International Baccalaureate or IB biology, chemistry, computer science, environmental systems, mathematical studies, further mathematics, and physics.
  3. “Board” means the Kentucky Board of Education.
  4. “College Board Advanced Placement examination” means the advanced placement test administered by the College Entrance Examination Board.
  5. “College Board” means the College Entrance Examination Board, a national nonprofit association that provides college admission guidance and advanced placement examinations.
  6. “Core curriculum” means at least one (1) course in science, one (1) course in mathematics, and at least one (1) course in two (2) of the following subject areas: English, social studies, foreign language, and the arts.
  7. “Department” means the Kentucky Department of Education.
  8. “Dual credit” means a college-level course of study developed in accordance with KRS 164.098 in which a high school student receives credit from both the high school and postsecondary institution in which the student is enrolled upon completion of a single class or designated program of study.
  9. “Dual enrollment” means a college-level course of study developed in accordance with KRS 164.098 in which a student is enrolled in a high school and postsecondary institution simultaneously.
  10. “International Baccalaureate” or “IB” means the International Baccalaureate Organization’s Diploma Programme, a comprehensive two (2) year program designed for highly motivated students.
  11. “Kentucky Virtual High School” means secondary-level instructional programs or courses offered by the Kentucky Department of Education through the Internet and other on-line, computer-based methods.
  12. “Kentucky Virtual University” means a college-level instructional program offered by the Council on Postsecondary Education through the Internet or other on-line, computer-based methods.

History. Enact. Acts 2002, ch. 97, § 1, effective July 15, 2002; 2008, ch. 134, § 15, effective July 15, 2008.

Conduct of Schools

158.010. Uniform school system to be maintained — Variations.

  1. A uniform system of common schools shall be maintained in Kentucky.
  2. Local school districts may, with approval of local boards of education, provide special programs and services to one (1) or more areas of the district in contrast to other areas where the variation is a reasonable one based on an attempt to equalize the education progress of the students within the district.

History. 4363-1; 1978, ch. 19, § 1, effective June 17, 1978; 1972, ch. 254, § 5; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 396, effective July 13, 1990.

Legislative Research Commission Note.

1988 Acts, chapter 172, § 1, provides that each public elementary and secondary school classroom in the Commonwealth of Kentucky prominently display a copy of the Bill of Rights, embodying the individual liberties safeguarded by the Constitution of the United States.

NOTES TO DECISIONS

  1. Control Over Common Schools.
  2. Equal and Uniform Educational Opportunities.
1. Control Over Common Schools.

Though the funds are raised by both general taxation by the Commonwealth and special taxation by local boards their expenditure is under the control of the State Board of Education and all public schools of the state, even in cities having unusual powers over their schools, are state institutions and members of the Board of Education are state officers and title to school property is in the Commonwealth and is held by the board in trust for the state. Board of Education v. Talbott, 286 Ky. 543 , 151 S.W.2d 42, 1941 Ky. LEXIS 283 ( Ky. 1941 ).

Maintenance, management and control of public school system is strictly a governmental function provided by the Constitution or statutes enacted pursuant thereto and the Legislature in making such provisions may provide exclusive remedies for the infringement of any rights that may be perpetrated by any officer or officers in the maintenance of the project. Marshall v. White, 287 Ky. 290 , 152 S.W.2d 945, 1941 Ky. LEXIS 531 ( Ky. 1941 ).

It is clear that the General Assembly intended that the state board should have control over the common schools with the power of removal of such board members who might be found guilty of specified charges as a means of maintaining a uniform school system. Gearhart v. Kentucky State Board of Education, 355 S.W.2d 667, 1962 Ky. LEXIS 76 ( Ky. 1962 ).

2. Equal and Uniform Educational Opportunities.

Operation of two (2) high schools in western part of county and none in eastern part without providing equal and uniform educational opportunities for those in the eastern half is clearly arbitrary, discriminatory, and in violation of this section and Const., § 183. Wooley v. Spalding, 293 S.W.2d 563, 1956 Ky. LEXIS 73 ( Ky. 1956 ).

The fundamental mandate of the Constitution and the statutes of Kentucky is that there shall be equality and that all public schools shall be nonpartisan and nonsectarian. Wooley v. Spalding, 293 S.W.2d 563, 1956 Ky. LEXIS 73 ( Ky. 1956 ).

Cited:

Rose v. Council for Better Educ., 790 S.W.2d 186, 1989 Ky. LEXIS 55 ( Ky. 1989 ).

Opinions of Attorney General.

The approval of the State Department of Education is required in order to conduct a school on a continuous basis. OAG 67-277 .

Research References and Practice Aids

Cross-References.

Certification of school employees, KRS 161.010 to 161.120 .

Cigarette smoking prohibited on school ground, KRS 438.050 .

Courses of study, Board of Education to prescribe standards for, KRS 156.160 .

Flags to be furnished schools, KRS 2.040 .

Libraries of schools, Department for Libraries and Archives to aid, KRS 171.140 .

Local or special act for common school prohibited, Ky. Const., § 59(25).

Practice schools, KRS 164.380 .

Race or color not to affect distribution of school fund, Ky. Const., § 187.

Regional Educational Compact, discrimination prohibited, KRS 164.540 .

Students called into active service in National Guard, KRS 38.470 .

Textbooks, selection and use, KRS 156.405 to 156.445 .

158.020. Separate schools for white and colored children. [Repealed.]

Compiler’s Notes.

This section (4363-8, 4399-49) was repealed by Acts 1966, ch. 184, § 8.

158.021. Exceptions to requirement of separate schools for white and colored students. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 112; 1950, ch. 155) was repealed by Acts 1966, ch. 184, § 8.

158.025. Hospital courses in medicine, surgery, or nursing not restricted by KRS 158.020. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 112) was repealed by Acts 1966, ch. 184, § 8.

158.030. “Common school” defined — Attendance at public school and primary school program — Advancement without regard to age — Local boards to adopt policy establishing petition and evaluation process for students who do not meet age requirements.

  1. “Common school” means an elementary or secondary school of the state supported in whole or in part by public taxation. No school shall be deemed a “common school” or receive support from public taxation unless the school is taught by a certified teacher for a minimum school term as defined by KRS § 158.070 and every child residing in the district who satisfies the age requirements of this section has had the privilege of attending it. Provided, however, that any child who is six (6) years of age, or who may become six (6) years of age by October 1, shall attend public school or qualify for an exemption as provided by KRS § 159.030 . Any child who is five (5) years of age, or who may become five (5) years of age by October 1, may enter a primary school program, as defined in KRS § 158.031 , and may advance through the primary program without regard to age in accordance with KRS § 158.031 (6).
  2. Beginning with the 2017-2018 school year, any child who is six (6) years of age, or who may become six (6) years of age by August 1, shall attend public school or qualify for an exemption as provided by KRS § 159.030 . Any child who is five (5) years of age, or who may become five (5) years of age by August 1, may enter a primary school program, as defined in KRS § 158.031 , and may advance through the primary program without regard to age in accordance with KRS § 158.031 (6).
  3. Each local school board shall adopt a policy to permit a parent or guardian to petition the board to allow a student to attend public school who does not meet the age requirements of subsection (1) or (2) of this section. The policy shall include an evaluation process that will help determine a student’s readiness for school and shall ensure that any tuition amount charged under this policy is the same amount charged to a student who meets the age requirements of subsection (1) or (2) of this section. Students enrolled under this policy shall be included in a school’s average daily attendance for purposes of funding as provided in KRS § 157.310 to 157.440 .

HISTORY: 4363-2; amend. Acts 1946, ch. 155, § 1; 1950, ch. 108; 1952, ch. 145, § 1; 1962, ch. 74; 1972, ch. 151, § 4; 1978, ch. 136, § 2, effective July 1, 1979; 1980, ch. 306, § 2, effective July 15, 1980; 1984, ch. 367, § 5, effective July 13, 1984; 1984, ch. 397, § 7, effective July 13, 1984; 1988, ch. 33, § 2, effective July 15, 1988; 1990, ch. 476, Pt. I, § 25, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 434, § 3, effective July 15, 1998; 2006, ch. 20, § 2, effective July 12, 2006; 2012, ch. 123, § 1, effective July 12, 2012; 2015 ch. 62, § 1, effective June 24, 2015.

NOTES TO DECISIONS

  1. Educational Units Not Included.
  2. Recreational Training.
  3. Residence of Child.
  4. Public School.
  5. Attendance not required.
1. Educational Units Not Included.

Teaching of higher branches of learning in a common school was not a violation of common school law. Newman v. Thompson, 4 S.W. 341, 9 Ky. L. Rptr. 199 (Ky. Ct. App. 1887) (decided under prior law).

“Common school” does not include a college. Pollitt v. Lewis, 269 Ky. 680 , 108 S.W.2d 671, 1937 Ky. LEXIS 659 ( Ky. 1937 ).

Common schools as used in the Constitution mean “public” or “free” schools maintained by the state at public expense, as distinguished from any private, parochial or sectarian school. Sherrard v. Jefferson County Board of Education, 294 Ky. 469 , 171 S.W.2d 963, 1942 Ky. LEXIS 2 ( Ky. 1942 ).

2. Recreational Training.

Common school system embraces physical training. Dodge v. Jefferson County Board of Education, 298 Ky. 1 , 181 S.W.2d 406, 1944 Ky. LEXIS 815 ( Ky. 1 944 ).

3. Residence of Child.

The solution of the question of residence of a child for purpose of attending school is not to be found always in the site of the property for taxation, either generally or for school purposes, and where house in which child lived was more than half within the city, child resided in the city and could attend city schools without payment of tuition. Turner v. City Board of Education, 313 Ky. 383 , 231 S.W.2d 27, 1950 Ky. LEXIS 869 ( Ky. 1950 ).

4. Public School.

Common schools were schools actually taught by teachers legally qualified to teach in districts legally established and under the control of the trustees elected under those laws. Collins v. Henderson, 74 Ky. 74 , 1874 Ky. LEXIS 14 ( Ky. 1874 ) (decided under prior law).

The term a “common school” is synonymous with “public” school. Fannin v. Williams, 655 S.W.2d 480, 1983 Ky. LEXIS 290 ( Ky. 1983 ).

5. Attendance not required.

Family court acted properly in determining that the Commonwealth could not establish a prima facie case for educational neglect where the child was only five years old when she was enrolled in kindergarten and incurred the absences which provided the basis for the temporary removal petition, pursuant to Ky. Rev. Stat. Ann. § 158.030(2), her enrollment and attendance were optional, and there could be no educational neglect of a child for excessive absenteeism who was not required by law to attend school. Commonwealth v. H. K., 595 S.W.3d 498, 2019 Ky. App. LEXIS 218 (Ky. Ct. App. 2019).

Opinions of Attorney General.

A board of education may enter into a tuition contract only with another common school as defined in this section. OAG 61-423 .

Breckinridge Training School, state operated vocational schools, and Lincoln Institute are not “common schools” which term is synonymous with the phrase “approved public school” as used in KRS 158.130 (now repealed). OAG 61-423 .

The phrase “approved public school” as used in KRS 158.130 (now repealed) is synonymous with the term “common school” as defined in this section. OAG 61-423 .

It was the intent of the Legislature to make the last day of December the cutoff date for school admissions so that all children who are or who will become six (6) years of age by December 31 following the opening day of school, may enter school provided they do so within 30 calendar days of the beginning of the school year. OAG 61-507 .

No ADA payments could be made to a school district where a child was allowed to enroll in the first grade who did not meet the age requirements. OAG 63-22 .

Unless he met the statutory age requirements of Kentucky a child could not be enrolled in the first grade of the common schools of Kentucky even though he had previously been attending first grade in another state. OAG 63-22 .

In order for a local school board to have a legal right to spend foundation program funds or revenue raised by local taxation for adults over 21 years of age the program would have to be part of the common school program. OAG 65-410 .

Local school boards have a legal right to spend foundation program funds or revenue raised by local taxation for adults over 21 years of age. OAG 65-410 .

A child living with its guardian within the county school district would be “residing” in the district within the meaning of the statutes and would be eligible to attend the county schools without the payment of tuition. OAG 66-550 .

A county board of education has legal authority to refuse the admission of nonresident children to its schools, but the board would be prohibited from arbitrarily extending school attendance privileges to some nonresident children while denying the same privilege to others. OAG 66-550 .

While this section extends the right of school attendance to children six (6) years of age, that right must be exercised within 30 calendar days of the opening of school, and a child who was six (6) years of age in October and who applied for admission to a Kentucky school more than 30 days after the opening of school was not eligible for enrollment since his attendance at kindergarten in Indiana did not constitute an enrollment in regular school classes. OAG 67-102 .

So long as a child remains in bona fide residence in the Bellewood Presbyterian Home the child has the privilege of attending schools in the school district in which the home is situated. OAG 68-126 .

A child who resides within the geographical boundaries of the school district is not removed therefrom by the mere fact that control over the property in which the child resides has been ceded to the federal government by the Commonwealth, and, under this section, the child may attend the school of the district without payment of tuition. OAG 68-582 .

A vocational school does not come within the statutory definition of a “common school” and a pupil attending a vocational school would not be attending a public common school and the district in which he resides cannot receive ADA credit. OAG 73-639 .

If a properly accredited school of the state of Florida certifies the enrollment of a child as a first grade pupil, the public school in the district to which she moves in Kentucky should accept her as a first grade pupil. OAG 74-626 .

Children who attend tuition-free school must attend the school in the district where they physically live. OAG 76-116 .

Inasmuch as common school funds may only be paid to common school districts, a county school board may not expend public common school funds to transport students attending a nonpublic model school. OAG 76-261 .

A child placed by the Department for Human Resources in a foster home has a right to attend school in the district where the foster home is located, regardless of where the parents of the child reside. OAG 77-311 .

A child is entitled to go to school, tuition free, in the school district in which the guardian is a resident. OAG 78-64 .

A child who has reached his eighteenth birthday is entitled to attend school without payment of tuition in the school district in which he actually resides. OAG 78-64 .

If a child who is not residing with his legal custodian is not residing in a particular school district primarily for school purposes, tuition generally would not be chargeable but the matter of free tuition must be decided by the school board on a case by case basis. OAG 78-64 .

A school district is required to admit for enrollment, tuition free, a child living with the child’s custodian declared by court order or other legal process who resides in the school district, irrespective of whether the court order is one for temporary custody or one for permanent custody. OAG 78-64 .

Since KRS 157.200 et seq. and 20 USCS § 1401 et seq. mandate equal educational opportunities for exceptional and nonexceptional children; a child with cerebral palsy who will be five (5) after September 1, but before December 31, must be given readiness testing for early kindergarten enrollment, which must be geared to the particular category of exceptionality and comparably equivalent for exceptional and nonexceptional children alike. OAG 79-254 .

Since a child who is five (5) years of age by October 1 “may enter a public school kindergarten” under this section, there is no legal authority to support an argument that a six-year-old child can be required to complete kindergarten, irrespective of whether the child has participated in kindergarten before, or that the child can be required to repeat the year of kindergarten if, in the opinion of the kindergarten teacher, the child has not successfully completed the kindergarten program, accordingly, a child reaching the age of six (6) by October 1 is entitled to commence his or her school career in the first grade. OAG 81-287 .

Although this section prohibits a school district from “promoting” a child in a kindergarten program into the first grade who has not met the statutory prescribed age of first grade entrance, the district would not be precluded from developing a program of instruction in the kindergarten class that would challenge the child’s academic skills and abilities even if the program was equivalent to a first grade program. OAG 82-44 .

KRS 158.090 (now repealed) authorizes a local school district to establish a kindergarten program to include children under five (5) but at least four (4) years of age; however, the cost of educating those four-year-old students would have to be totally borne by local school district because only those children meeting the kindergarten requirements set out in this section and the state board regulations can be counted for Minimum Foundation money purposes. OAG 82-44 .

Where a child, who had been enrolled in the public school kindergarten program of another state, became five (5) years old on November 30th, she could legally transfer into Kentucky public school kindergarten program, even though she did not meet the requirement of this section that she reach five (5) years of age by October 1st of that year, since the full faith and credit provisions of the United States Constitution, Art. 4, § 1, requires that the child’s prior enrollment be recognized by Kentucky. OAG 82-44 .

A child who is not old enough to attend a public school as a first grader may nevertheless enroll the following year in a public school as a second grader if the child has completed first grade in a nonpublic school. OAG 82-408 .

A child who will not be six (6) years old by October 1, but who has attended a private kindergarten program may not be permitted to enroll in the first grade in a public common school. OAG 82-408 .

Strict adherence to the age qualification provisions of this section is called for, absent a transfer-from-out-of-state situation. OAG 82-408 .

The last sentence of this section is no longer subject to application; such sentence served only as a transition provision relative to what the law had been prior to 1980 amendment. That is, only for purposes of the 1980-1981 school year could a child who was not yet six (6) years old by October 1, but who would become six (6) years of age by December 31, 1980, and who had successfully completed kindergarten, public or private, still be permitted to enroll in the first grade. OAG 82-408 .

There is no statute that regulates the entrance age for a child to attend a nonpublic school and one could not constitutionally be enacted due to the Kentucky Supreme Court’s view of Const., § 5 and the proscription against state regulation of nonpublic schools. OAG 82-408 .

A kindergarten student may be retained in kindergarten if the parents and school officials feel such retention would be in the best interest of the child; absent parental consent, a child who is six (6) years old by October 1, is entitled to commence his school career in the first grade. OAG 83-106 .

Since Kentucky school law lacks a requirement that a child must attend kindergarten, a school district could not require a child old enough to enroll in first grade to enroll in kindergarten; However, parents could hold their child back a year and initially enroll their child in the kindergarten program even though the child would qualify under this section to enter first grade. OAG 83-106 .

The lead-in phrase of this section, which reads “Notwithstanding any statute to the contrary,” cannot be construed, by implication, to have lowered the compulsory attendance age range to five (5). OAG 85-55 .

Both this section and KRS 158.100 must be considered as addressing and affecting only public common school districts. OAG 85-55 .

Existing legislation does not require nonpublic schools in Kentucky to have kindergartens. OAG 85-55 .

Where a child attends a nonpublic school kindergarten, so long as the child will be six (6) years old by October 1, the child would be eligible and entitled to enroll in the first grade in a public common school district. If the child would not be six (6) years old until after October 1, the child would be eligible to enroll only in a public school’s kindergarten program rather than first grade, even though he has already been in kindergarten in a nonpublic school. OAG 85-55 .

A child who is six (6) years old before October 1, but who has not attended any kindergarten, would have to be enrolled, as far as the public common schools are concerned, in a kindergarten program rather than a public school first grade. OAG 85-55 .

Where a child attends no kindergarten program, either public or nonpublic, before July 1, 1986, but upon attaining six (6) years of age he enrolls in a nonpublic school first grade, and such child subsequently is presented for enrollment in a public common school for the second or a subsequent grade, the child would be entitled to so enroll subject to the usual application of the provisions of KRS 158.140 . OAG 85-55 .

The day of birth should no longer be counted when computing age for purposes of this section, and thus, a child whose birthday is October 2 does not actually become a year older until October 2, and as a result, he or she is not required to attend school in the year of becoming six (6), but instead is required to attend school the following year (withdrawing OAG 62-411 ). OAG 86-40 .

The term “school” as used in KRS 218A.990 (now repealed), prohibiting trafficking in controlled substances near such a building, is not restricted to the definition of “common public school” in this section; therefore, it could include vocational/technical schools which have classroom instruction. OAG 88-73 .

Research References and Practice Aids

Cross-References.

Penalty to which school board member subject for admission of under-age child, KRS 158.990 .

158.031. Primary school program — Authority for administrative regulations — Attributes — Part time attendance — Grouping — Advancement — Reporting requirements.

  1. In this section, “primary school program” means that part of the elementary school program in which children are enrolled from the time they begin school until they are ready to enter the fourth grade. Notwithstanding any statute to the contrary, successful completion of the primary school program shall be a prerequisite for a child’s entrance into fourth grade.
  2. The Kentucky Board of Education shall establish, by administrative regulation, methods of verifying successful completion of the primary school program in carrying out the goals of education as described in KRS 158.6451 .
  3. The primary program shall include the following critical attributes: developmentally appropriate educational practices; multiage and multiability classrooms; continuous progress; authentic assessment; qualitative reporting methods; professional teamwork; and positive parent involvement.
  4. Each school council or, if none exists, the school shall determine the organization of its ungraded primary program including the extent to which multiage groups are necessary to implement the critical attributes based on the critical attributes and meeting individual student needs.
  5. The implementation of the primary program may take into consideration the necessary arrangements required for students attending part-time and will allow for grouping of students attending their first year of school when determined to be developmentally appropriate.
  6. A school district may advance a student through the primary program when it is determined that it is in the best educational interest of the student. A student who is at least five (5) years of age, but less than six (6) years of age, and is advanced in the primary program may be classified as other than a kindergarten student for purposes of funding under KRS 157.310 to 157.440 if the student is determined to have acquired the academic and social skills taught in kindergarten as determined by local board policy in accordance with the process established by Kentucky Board of Education administrative regulation.
  7. Data shall be collected by each school district on the number of students, in each school having a primary program, who take five (5) years to complete the primary program. The data shall be reported in the annual performance report described in KRS 158.6453 .

History. Enact. Acts 1998, ch. 434, § 1, effective July 15, 1998; 2006, ch. 20, § 1, effective July 12, 2006.

158.032. Flagging record of missing child — Procedure upon recovery — Documents required upon enrollment or transfer.

  1. Upon notification by the commissioner of education of a child’s disappearance, any school in which the child is currently or was previously enrolled shall flag the record of the child so that when a copy of or information regarding the child’s record is requested, the school shall be alerted that the record is that of a missing child. The school shall immediately report to local law enforcement or the Department of Kentucky State Police any request concerning flagged records or any knowledge as to the whereabouts of any missing child.
  2. Upon notification by the commissioner of education of any missing child who has been recovered, the school shall remove the flag from the child’s record.
  3. Upon enrollment of a student for the first time in any elementary or secondary school, the school shall notify in writing the person enrolling the student that within thirty (30) days the person shall provide either:
    1. A certified copy of the student’s birth certificate; or
    2. Other reliable proof of the student’s identity and age, and an affidavit of the inability to produce a copy of the birth certificate.
  4. Upon the failure of a person enrolling the student to comply with this section, the school shall notify the person in writing that unless he complies within ten (10) days the case shall be referred to the Department of Kentucky State Police or local law enforcement officials for investigation. If compliance is not obtained within the ten (10) day period, the school shall so refer the case.
  5. Within fourteen (14) days after enrolling a transfer student, each elementary or secondary school shall request directly from the student’s previous school a certified copy of the student’s record. Any school receiving a request of a student’s record which has been flagged as the record of a missing child shall not forward the student’s record but shall instead notify local law enforcement or the Department of Kentucky State Police.

History. Enact. Acts 1986, ch. 72, § 3, effective July 15, 1986; 1990, ch. 476, Pt. IV, § 196, effective July 13, 1990; 2003, ch. 39, § 3, effective June 24, 2003; 2007, ch. 85, § 166, effective June 26, 2007.

158.033. Instruction in student’s home or hospital — Signed statement of diagnosed condition — Calculation of instructional sessions for purposes of KRS 157.360 — Students with disabilities — Administrative regulations.

  1. If in any district there are students not able even with the help of transportation to be assembled in a school, instruction shall be provided to the student in the student’s home or in a hospital.
  2. For a student to be eligible for home or hospital instruction, a signed statement of the diagnosed condition requiring home or hospital instruction shall be provided in accordance with KRS 159.030(2).
  3. For the purposes of KRS 157.360 , a student instructed under this section who receives a minimum of two (2) instructional sessions a week with a minimum of one (1) hour of instruction per session by a certified teacher provided by the board of education shall equal the student attending five (5) days in school.
  4. For students with disabilities, the admissions and release committee shall be responsible for placement decisions regarding home or hospital instruction in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. secs. 1400 et. seq. The home or hospital instruction shall be provided pursuant to the individual education program as determined by the admissions and release committee. For the purposes of KRS 157.360 , students receiving home or hospital instruction under this subsection may be counted in attendance in accordance with subsection (3) of this section.
  5. The Kentucky Board of Education shall promulgate administrative regulations to establish the components of home or hospital instruction.
  6. An instructional session may be delivered in person, electronically, or through other means established in regulation.

History. Enact. Acts 1948, ch. 4, § 8, 1962, ch. 169, § 7; 1974, ch. 293, § 1; 1984, ch. 111, § 178, effective July 13, 1984; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 380, effective July 13, 1990; renumbered from § 157.270 by 2020 ch. 104, § 1, effective July 15, 2020.

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 4, § 8, 1962, ch. 169, § 7; 1974, ch. 293, § 1; 1984, ch. 111, § 178, effective July 13, 1984) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 380, effective July 13, 1990.

This section was formerly compiled as KRS 157.270 and was renumbered as this section effective July 15, 2020.

Opinions of Attorney General.

Inasmuch as local school tax revenues are involved in the kind of training provided for by KRS 157.270 and 159.030 , the statutes are open to constitutional challenge since this type of training could possibly be considered not part of the common schools but a welfare program. OAG 74-681 .

Pursuant to this section, a local board of education is required to provide home training for exceptional children but an institutional home for exceptional children cannot under KRS 157.230 legally require a school district to establish and maintain special educational classes for its inmates. OAG 74-681 .

158.035. Certificate of immunization.

Except as provided in KRS 214.036 , no child shall be eligible to enroll as a student in any public or private elementary or secondary school without first presenting a certificate from a medical physician, osteopathic physician, or advanced practice registered nurse licensed in any state. The certificate shall state that the child has been immunized against diphtheria, tetanus, poliomyelitis, rubeola, and rubella in accordance with the provisions of this section and KRS 214.010 , 214.020 , 214.032 to 214.036 , and 214.990 and the administrative regulations of the secretary for health and family services. The governing body of private and public schools shall enforce the provisions of this section.

History. Enact. Acts 1962, ch. 95, § 3; 1968, ch. 87, § 3; 1972, ch. 341, § 1; 1974, ch. 74, Art. VI, § 107(1); 1976, ch. 14, § 2; 1988, ch. 436, § 1, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 197, effective July 13, 1990; 1998, ch. 426, § 113, effective July 15, 1998; 2005, ch. 99, § 130, effective June 20, 2005; 2010, ch. 85, § 69, effective July 15, 2010.

NOTES TO DECISIONS

1. Constitutionality.

Since the primary effect of the state immunization program was to improve and protect the health and well being of citizens, the exemption for members of a religious denomination, the teachings of which are opposed to medical immunization against disease, did not make this statute unconstitutional as being in violation of the establishment clause of the first amendment. Kleid v. Board of Education, 406 F. Supp. 902, 1976 U.S. Dist. LEXIS 16997 (W.D. Ky. 1976 ).

Cited:

Piatt v. Louisville & Jefferson County Board of Education, 556 F.2d 809, 1977 U.S. App. LEXIS 12994 (6th Cir. 1977).

Opinions of Attorney General.

This section requires local school authorities to refuse enrollment in school, whether initial enrollment in the school system or transfer into the school system, if a child has not been tested or immunized as required by law. OAG 76-256 .

The county board of health is authorized to enforce the immunization requirements of this section and KRS 214.034 by entering an order under KRS 212.245 or proceeding directly against the parent, guardian or custodian of the child who fails to have him immunized by having a criminal complaint sworn out against the offender. OAG 78-24 .

The July 18, 1979 amendment of 902 KAR 2:060 allowing pupils who have begun, but not completed, immunization to attend school for the limited period of time necessary for completion of the immunization schedule is not in conflict with this section, since the requirement is a certificate that the child has been immunized, not that the immunization schedule has been completed. OAG 79-420 .

Research References and Practice Aids

Cross-References.

Penalty for violation of this section. KRS 214.990 .

158.036. Tuberculosis test requirements — Exemption. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 128, § 1) was repealed by Acts 1988, ch. 277, § 4, effective July 15, 1988.

158.037. Report of immunization results.

Each public or private elementary or secondary school shall report immunization results to its local health department in accordance with regulations promulgated by the Cabinet for Health and Family Services.

History. Enact. Acts 1976, ch. 128, § 2; 1990, ch. 476, Pt. IV, § 198, effective July 13, 1990; 1998, ch. 302, § 2, effective July 15, 1998; 1998, ch. 426, § 114, effective July 15, 1998; 2005, ch. 99, § 131, effective June 20, 2005.

158.038. Student identification badges must contain hotline number contact information relating to domestic violence, sexual assault, and suicide prevention — Recommendation required of Cabinet for Health and Family Services.

  1. Beginning August 1, 2020, any student identification badge issued to a student in grades six (6) through twelve (12) by a public school shall contain the contact information for:
    1. A national domestic violence hotline;
    2. A national sexual assault hotline; and
    3. A national suicide prevention hotline.
  2. The requirements of subsection (1) of this section shall apply to public charter schools as a health and safety requirement under KRS 160.1592(1).
  3. By July 20, 2020, the Cabinet for Health and Family Services shall publish recommendations for at least one (1) national hotline accessible twenty-four (24) hours a day, seven (7) days a week, and three hundred sixty-five (365) days a year that specializes in each of the hotline categories required by subsection (1) of this section.

HISTORY: 2020 ch. 54, § 1, effective July 15, 2020.

158.040. Entering age. [Repealed.]

Compiler’s Notes.

This section (4363-4) was repealed by Acts 1946, ch. 155, § 2.

158.050. School year.

The school year shall begin on July 1 and end on June 30.

History. 4363-3; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 397, effective July 13, 1990.

Compiler’s Notes.

This section (4363-3) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 397, effective July 13, 1990.

NOTES TO DECISIONS

  1. Nomination of Employees.
  2. Approval of Employees.
  3. Child Support.
1. Nomination of Employees.

This section contemplates that the superintendent of schools shall nominate teachers for the next school year at some time between April 1 and the beginning of the next school year on July 1, though the particular school may not open until a later date. (See KRS 160.380 .) Beckham v. Kimbell, 282 Ky. 648 , 139 S.W.2d 747, 1940 Ky. LEXIS 235 ( Ky. 1940 ).

Although the school year shall begin on July 1, the superintendent does not forfeit his right to make nominations of school employees by failing to make them by July 1 of each year and the county board of education has no right or authority to make appointments in the absence of nominations by the superintendent. (See KRS 160.380 .) Smith v. Beverly, 314 Ky. 651 , 236 S.W.2d 914, 1951 Ky. LEXIS 719 ( Ky. 1951 ).

2. Approval of Employees.

Since the school year begins on July 1, teachers must be chosen by that date, and the school board cannot refuse to act on recommendations submitted before that date, or postpone action until after that date. Cottongim v. Stewart, 277 Ky. 706 , 127 S.W.2d 149, 1939 Ky. LEXIS 716 ( Ky. 1939 ).

The board of education cannot divest a nominated teacher of his rights by postponing its approval of his nomination until after July 1 without legal cause. (See KRS 160.380 .) Beckham v. Kimbell, 282 Ky. 648 , 139 S.W.2d 747, 1940 Ky. LEXIS 235 ( Ky. 1940 ).

3. Child Support.

In a child support dispute, a trial court erred by assigning May 30, 2014 as the end of the school and as the termination date for a father's obligation to pay child support because the school year ended on June 30, pursuant to statute; however, there was no error in failing to extend the school year to November 2014 to allow the student to finish his senior year after the age of majority. Mix v. Petty, 465 S.W.3d 891, 2015 Ky. App. LEXIS 40 (Ky. Ct. App. 2015).

Research References and Practice Aids

Cross-References.

Fiscal year for school districts, KRS 160.450 .

158.060. School month and school day — Duty-free lunch period — Nonteaching time for teachers.

  1. Twenty (20) school days, or days in which teachers are actually employed in the schoolroom, shall constitute a school month in the common schools.
  2. Each full-time teacher shall be provided with a duty-free lunch period each day during the regularly scheduled student lunch period. The duty-free lunch period shall be not less than the length of the lunch period specified in the school calendar approved by the chief state school officer. A full-time teacher may be assigned to lunch room duty during the regularly scheduled student lunch period only for an amount of time equal to the noninstructional time in excess of fifty-five (55) minutes included in the teacher’s daily schedule. The calculation of noninstructional time shall not include the teacher’s duty-free lunch period, the time teachers are required to be at school prior to the start of the student’s instructional day, or the time teachers are required to remain at school after the students are dismissed.
  3. Except for children with disabilities and children attending the primary school program who may attend a program of less than six (6) hours per day under policy adopted by the local school district board of education and approved by the commissioner of education and children attending a school district where the local board has approved a schedule that provides at least the equivalent of six (6) hours of daily instruction during the school year, a minimum of six (6) hours of actual school work shall constitute a school day. Kindergarten programs may be operated for less than six (6) hours without state board approval. The Kentucky Board of Education, upon recommendation of the chief state school officer, shall develop and approve regulations governing make up by school districts of whole days missed due to emergencies, or partial days missed as a result of shortening regularly scheduled school days due to emergencies.
  4. Teachers shall be provided additional time for nonteaching activities. The nonteaching time shall be used to provide teachers opportunities for professional development activities as provided in KRS 156.095 , instructional planning, school-based decision making as provided in KRS 160.345 , curriculum development, and outreach activities involving their students’ families and the community.
  5. Character education programs and activities shall be considered valuable and legitimate components of the actual school work constituting a school day under subsection (3) of this section.

History. 4363-6; amend. Acts 1962, ch. 244, Art. VII, § 1; 1974, ch. 271, § 1; 1976, ch. 345, § 1; 1978, ch. 306, § 1, effective March 30, 1978; 1984, ch. 359, § 1, effective July 13, 1984; 1985 (1st Ex. Sess.), ch. 10, § 12, effective October 18, 1985; 1986, ch. 40, § 1, effective July 15, 1986; 1990, ch. 476, Pt. I, § 26, effective July 13, 1990; 1994, ch. 6, § 2, effective July 15, 1994; 1994, ch. 394, § 21, effective July 15, 1994; 1994, ch. 405, § 26, effective July 15, 1994; 1996, ch. 20, § 1, effective July 15, 1996; 1996, ch. 195, § 24, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 162, § 5, effective July 14, 2000; 2000, ch. 261, § 3, effective July 14, 2000.

Legislative Research Commission Note.

(7/14/2000). This section was amended by 2000 Ky. Acts chs. 162 and 261, which do not appear to be in conflict and have been codified together.

NOTES TO DECISIONS

Cited:

Board of Educ. v. Powell, 792 S.W.2d 376, 1990 Ky. App. LEXIS 81 (Ky. Ct. App. 1990).

Opinions of Attorney General.

Lunch periods could not be used to conduct religious classes if the district is utilizing portions of the lunch period to meet the six-hour school work requirement of this section. OAG 64-111 .

The term “actual school work” as used in this section means instructional hours, either of purely academic classroom instruction or reasonably calculated to achieve general educational objectives within such standards for school instructional programs as have been approved by the State Board of Education pursuant to its power to prescribe curricula under KRS 156.070 . OAG 70-222 ; OAG 78-344 .

A proposed plan of a county school district to institute a pilot program of in-service training of teachers which would require the dismissing of pupils for one-half day each week would be in violation of KRS 158.070(2)(b) (see now subsection (9)) which requires a pupil’s attendance in school for a minimum term and this section which provides that six hours of actual classroom work shall constitute a school day. OAG 73-98 .

Rural teachers who are required by the board to work a reasonably longer day than city teachers in the same district are not entitled to extra compensation solely on the basis of a longer working day. OAG 75-297 .

Within the statutory limits of from six to nine hours, each school district may adopt its own schedule of classes and professional duties of its teachers and it is not required that the working day of all teachers in a district be the same length. OAG 75-297 .

Neither a teacher who has taught three hours per day for 185 school days nor a teacher who has taught full time for 94 school days may be considered to have a year of actual service for tenure purposes. OAG 76-278 .

School administrators may permit a study hall or activity period to be used by a student outside the school for a program of off-school-premises work since participation in such program would not be shortening of the school day but merely shortening the portion of the full regular school day which the child is in attendance in the school classroom. OAG 76-545 .

While KRS 158.107 (repealed) did not prohibit the charging of a student to attend sports events, these sports events may not properly be held during any part of the regular school day so as to shorten the six hours required “of actual school work.” OAG 79-381 .

Where the General Assembly failed to include a delayed effective date for the provisions regarding the teachers’ duty-free lunch period and class-size limitations in grades 1-8 contained in the education package enacted in the 1985 extraordinary session, the effective date of these provisions was October 18, 1985. However, given the restrictions of KRS 160.530 and 160.550(1), as well as the impracticalities of implementation on October 18, it was doubtful that any local school district could be expected to implement these programs on October 18. Therefore, except where otherwise expressly indicated in a particular provision, the education improvement programs which the local school districts have a duty to implement would have to be implemented by the local school districts beginning with the 1986-87 school year. OAG 85-132 .

Research References and Practice Aids

Cross-References.

Holidays, KRS ch. 2.

158.065. Year-round school program — Legislative intent. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 372, § 1) was repealed by Acts 1974, ch. 265, § 6.

158.070. School district calendar committee — School calendar adoption procedures — Variable student instructional year — Professional development — Holidays and days closed — Waivers — Scheduling of athletic competitions — Continuing education for students — Student attendance days and their equivalents in instructional year — Nontraditional instruction program — Administrative regulations — Breakfast program — Calculation of service credit and equivalent time for days missed by employees due to emergencies.

  1. As used in this section:
    1. “Election” has the same meaning as in KRS 121.015 ;
    2. “Minimum school term” or “school term” means not less than one hundred eighty-five (185) days composed of the student attendance days, teacher professional days, and holidays;
    3. “School calendar” means the document adopted by a local board of education that establishes the minimum school term, student instructional year or variable student instructional year, and days that school will not be in session;
    4. “School district calendar committee” means a committee that includes at least the following:
      1. One (1) school district principal;
      2. One (1) school district office administrator other than the superintendent;
      3. One (1) member of the local board of education;
      4. Two (2) parents of students attending a school in the district;
      5. One (1) school district elementary school teacher;
      6. One (1) school district middle or high school teacher;
      7. Two (2) school district classified employees; and
      8. Two (2) community members from the local chamber of commerce, business community, or tourism commission;
    5. “Student attendance day” means any day that students are scheduled to be at school to receive instruction, and encompasses the designated start and dismissal time;
    6. “Student instructional year” means at least one thousand sixty-two (1,062) hours of instructional time for students delivered on not less than one hundred seventy (170) student attendance days;
    7. “Teacher professional day” means any day teachers are required to report to work as determined by a local board of education, with or without the presence of students; and
    8. “Variable student instructional year” means at least one thousand sixty-two (1,062) hours of instructional time delivered on the number of student attendance days adopted by a local board of education which shall be considered proportionally equivalent to one hundred seventy (170) student attendance days and calendar days for the purposes of a student instructional year, employment contracts that are based on the school term, service credit under KRS 161.500 , and funding under KRS 157.350 .
    1. Beginning with the 2018-2019 school year, and each year thereafter, the local board of education, upon recommendation of the local school district superintendent, shall annually appoint a school district calendar committee to review, develop, and recommend school calendar options. (2) (a) Beginning with the 2018-2019 school year, and each year thereafter, the local board of education, upon recommendation of the local school district superintendent, shall annually appoint a school district calendar committee to review, develop, and recommend school calendar options.
    2. The school district calendar committee, after seeking feedback from school district employees, parents, and community members, shall recommend school calendar options to the local school district superintendent for presentation to the local board of education. The committee’s recommendations shall comply with state laws and regulations and consider the economic impact of the school calendar on the community and the state.
    3. Prior to adopting a school calendar, the local board of education shall hear for discussion the school district calendar committee’s recommendations and the recommendation of the superintendent at a meeting of the local board of education.
    4. During a subsequent meeting of the local board of education, the local board shall adopt a school calendar for the upcoming school year that establishes the opening and closing dates of the school term, beginning and ending dates of each school month, student attendance days, and days on which schools shall be dismissed. The local board may schedule days for breaks in the school calendar that shall not be counted as a part of the minimum school term.
    5. For local board of education meetings described in paragraphs (c) and (d) of this subsection, if the meeting is a regular meeting, notice shall be given to media outlets that have requests on file to be notified of special meetings stating the date of the regular meeting and that one (1) of the items to be considered in the regular meeting will be the school calendar. The notice shall be sent at least twenty-four (24) hours before the regular meeting. This requirement shall not be deemed to make any requirements or limitations relating to special meetings applicable to the regular meeting.
    6. Beginning with the 2018-2019 school year, and each year thereafter, a local school board of education that adopts a school calendar with the first student attendance day in the school term starting no earlier than the Monday closest to August 26 may use a variable student instructional year. Districts may set the length of individual student attendance days in a variable student instructional schedule, but no student attendance day shall contain more than seven (7) hours of instructional time unless the district submitted and received approval from the commissioner of education for an innovative alternative calendar.
    1. Each local board of education shall use four (4) days of the minimum school term for professional development and collegial planning activities for the professional staff without the presence of students pursuant to the requirements of KRS 156.095 . At the discretion of the superintendent, one (1) day of professional development may be used for district-wide activities and for training that is mandated by federal or state law. The use of three (3) days shall be planned by each school council, except that the district is encouraged to provide technical assistance and leadership to school councils to maximize existing resources and to encourage shared planning. (3) (a) Each local board of education shall use four (4) days of the minimum school term for professional development and collegial planning activities for the professional staff without the presence of students pursuant to the requirements of KRS 156.095 . At the discretion of the superintendent, one (1) day of professional development may be used for district-wide activities and for training that is mandated by federal or state law. The use of three (3) days shall be planned by each school council, except that the district is encouraged to provide technical assistance and leadership to school councils to maximize existing resources and to encourage shared planning.
    2. At least one (1) hour of self-study review of seizure disorder materials shall be required for all principals, guidance counselors, and teachers hired after July 1, 2019.
      1. A local board may approve a school’s flexible professional development plan that permits teachers or other certified personnel within a school to participate in professional development activities outside the days scheduled in the school calendar or the regularly scheduled hours in the school work day and receive credit towards the four (4) day professional development requirement within the minimum one hundred eighty-five (185) days that a teacher shall be employed. (c) 1. A local board may approve a school’s flexible professional development plan that permits teachers or other certified personnel within a school to participate in professional development activities outside the days scheduled in the school calendar or the regularly scheduled hours in the school work day and receive credit towards the four (4) day professional development requirement within the minimum one hundred eighty-five (185) days that a teacher shall be employed.
      2. A flexible schedule option shall be reflected in the school’s professional development component within the school improvement plan and approved by the local board. Credit for approved professional development activities may be accumulated in periods of time other than full day segments.
      3. No teacher or administrator shall be permitted to count participation in a professional development activity under the flexible schedule option unless the activity is related to the teacher’s classroom assignment and content area, or the administrator’s job requirements, or is required by the school improvement plan, or is tied to the teacher’s or the administrator’s individual growth plan. The supervisor shall give prior approval and shall monitor compliance with the requirements of this paragraph. In the case of teachers, a professional development committee or the school council by council policy may be responsible for reviewing requests for approval.
    3. The local board of each school district may use up to a maximum of four (4) days of the minimum school term for holidays; provided, however, any holiday which occurs on Saturday may be observed on the preceding Friday.
    4. Each local board may use two (2) days for planning activities without the presence of students.
    5. Each local board may close schools for the number of days deemed necessary for:
      1. National or state emergency or mourning when proclaimed by the President of the United States or the Governor of the Commonwealth of Kentucky;
      2. Local emergency which would endanger the health or safety of children; and
      3. Mourning when so designated by the local board of education and approved by the Kentucky Board of Education upon recommendation of the commissioner of education.
    1. The Kentucky Board of Education, upon recommendation of the commissioner of education, shall adopt administrative regulations governing the use of student attendance days as a result of a local emergency, as described in subsection (3)(f)2. of this section, and regulations setting forth the guidelines and procedures to be observed for the approval of waivers from the requirements of a student instructional year in subsection (1)(f) of this section for districts that wish to adopt innovative instructional calendars, or for circumstances that would create extreme hardship. (4) (a) The Kentucky Board of Education, upon recommendation of the commissioner of education, shall adopt administrative regulations governing the use of student attendance days as a result of a local emergency, as described in subsection (3)(f)2. of this section, and regulations setting forth the guidelines and procedures to be observed for the approval of waivers from the requirements of a student instructional year in subsection (1)(f) of this section for districts that wish to adopt innovative instructional calendars, or for circumstances that would create extreme hardship.
    2. If a local board of education amends its school calendar after its adoption due to an emergency, it may lengthen or shorten any remaining student attendance days by thirty (30) minutes or more, as it deems necessary, provided the amended calendar complies with the requirements of a student instructional year in subsection (1)(f) of this section or a variable student instructional year in subsection (1)(h) of this section. No student attendance day shall contain more than seven (7) hours of instructional time unless the district submitted and received approval from the commissioner of education for an innovative alternative calendar.
      1. In setting the school calendar, school may be closed for two (2) consecutive days for the purpose of permitting professional school employees to attend statewide professional meetings. (5) (a) 1. In setting the school calendar, school may be closed for two (2) consecutive days for the purpose of permitting professional school employees to attend statewide professional meetings.
      2. These two (2) days for statewide professional meetings may be scheduled to begin with the first Thursday after Easter, or upon request of the statewide professional education association having the largest paid membership, the commissioner of education may designate alternate dates.
      3. If schools are scheduled to operate during days designated for the statewide professional meeting, the school district shall permit employees who are delegates to attend as compensated professional leave time and shall employ substitute teachers in their absence.
      4. The commissioner of education shall designate one (1) additional day during the school year when schools may be closed to permit professional school employees to participate in regional or district professional meetings.
      5. These three (3) days so designated for attendance at professional meetings may be counted as a part of the minimum school term.
      1. If any school in a district is used as a polling place, the school district shall be closed on the day of the election, and those days may be used for professional development activities, professional meetings, or parent-teacher conferences. (b) 1. If any school in a district is used as a polling place, the school district shall be closed on the day of the election, and those days may be used for professional development activities, professional meetings, or parent-teacher conferences.
      2. A district may be open on the day of an election if no school in the district is used as a polling place.
    1. All schools shall be closed on the third Monday of January in observance of the birthday of Martin Luther King, Jr. Districts may:
      1. Designate the day as one (1) of the four (4) holidays permitted under subsection (3)(d) of this section; or
      2. Not include the day in the minimum school term specified in subsection (1) of this section.
    1. The Kentucky Board of Education, or the organization or agency designated by the board to manage interscholastic athletics, shall be encouraged to schedule athletic competitions outside the regularly scheduled student attendance day. (6) (a) The Kentucky Board of Education, or the organization or agency designated by the board to manage interscholastic athletics, shall be encouraged to schedule athletic competitions outside the regularly scheduled student attendance day.
    2. Beginning with the 2009-2010 school year, any member of a school-sponsored interscholastic athletic team who competes in a regional tournament or state tournament sanctioned by the Kentucky Board of Education, or the organization or agency designated by the board to manage interscholastic athletics, and occurring on a regularly scheduled student attendance day may be counted present at school on the date or dates of the competition, as determined by local board policy, for a maximum of two (2) days per student per year. The student shall be expected to complete any assignments missed on the date or dates of the competition.
    3. The school attendance record of any student for whom paragraph (b) of this subsection applies shall indicate that the student was in attendance on the date or dates of competition.
  2. Students applying for excused absence for attendance at the Kentucky State Fair shall be granted one (1) day of excused absence.
  3. Schools shall provide continuing education for those students who are determined to need additional time to achieve the outcomes defined in KRS 158.6451 , and schools shall not be limited to the minimum school term in providing this education. Continuing education time may include extended days, extended weeks, or extended years. A local board of education may adopt a policy requiring its students to participate in continuing education. The local policy shall set out the conditions under which attendance will be required and any exceptions which are provided. The Kentucky Board of Education shall promulgate administrative regulations establishing criteria for the allotment of grants to local school districts and shall include criteria by which the commissioner of education may approve a district’s request for a waiver to use an alternative service delivery option, including providing services during the student attendance day on a limited basis. These grants shall be allotted to school districts to provide instructional programs for pupils who are identified as needing additional time to achieve the outcomes defined in KRS 158.6451 . A school district that has a school operating a model early reading program under KRS 158.792 may use a portion of its grant money as part of the matching funds to provide individualized or small group reading instruction to qualified students outside of the regular classroom during the student attendance day.
  4. Notwithstanding any other statute, each school term shall include no less than the equivalent of the student instructional year in subsection (1)(f) of this section, or a variable student instructional year in subsection (1)(h) of this section, except that the commissioner of education may grant up to the equivalent of ten (10) student attendance days for school districts that have a nontraditional instruction plan approved by the commissioner of education on days when the school district is closed for health or safety reasons. The district’s plan shall indicate how the nontraditional instruction process shall be a continuation of learning that is occurring on regular student attendance days. Instructional delivery methods, including the use of technology, shall be clearly delineated in the plan. Average daily attendance for purposes of Support Education Excellence in Kentucky program funding during the student attendance days granted shall be calculated in compliance with administrative regulations promulgated by the Kentucky Board of Education.
  5. By December 31, 2018, the Kentucky Board of Education shall promulgate administrative regulations to be effective beginning with the 2019-2020 school year to prescribe the conditions and procedures for districts to be approved for the nontraditional instruction program. Administrative regulations promulgated by the board under this section shall specify:
    1. The application, plan review, approval, and amendment process;
    2. Reporting requirements for districts approved for the program, which may include but are not limited to examples of student work, lesson plans, teacher work logs, and student and teacher participation on nontraditional instruction days. Documentation to support the use of nontraditional instruction days shall include clear evidence of learning continuation;
    3. Timelines for initial approval as a nontraditional instruction district, length of approval, the renewal process, and ongoing evaluative procedures required of the district;
    4. Reporting and oversight responsibilities of the district and the Kentucky Department of Education, including the documentation required to show clear evidence of learning continuation during nontraditional instruction days; and
    5. Other components deemed necessary to implement this section.
  6. Notwithstanding the provisions of KRS 158.060(3) and the provisions of subsection (2) of this section, a school district shall arrange bus schedules so that all buses arrive in sufficient time to provide breakfast prior to the beginning of the student attendance day. In the event of an unforeseen bus delay, the administrator of a school that participates in the Federal School Breakfast Program may authorize up to fifteen (15) minutes of the student attendance day if necessary to provide the opportunity for children to eat breakfast not to exceed eight (8) times during the school year within a school building.
  7. Notwithstanding any other statute to the contrary, the following provisions shall apply to a school district that misses student attendance days due to emergencies, including weather-related emergencies:
    1. A certified school employee shall be considered to have fulfilled the minimum one hundred eighty-five (185) day contract with a school district under KRS 157.350 and shall be given credit for the purpose of calculating service credit for retirement under KRS 161.500 for certified school personnel if:
      1. State and local requirements under this section are met regarding the equivalent of the number and length of student attendance days, teacher professional days, professional development days, holidays, and days for planning activities without the presence of students; and
      2. The provisions of the district’s school calendar to make up student attendance days missed due to any emergency, as approved by the Kentucky Department of Education when required, including but not limited to a provision for additional instructional time per day, are met.
    2. Additional time worked by a classified school employee shall be considered as equivalent time to be applied toward the employee’s contract and calculation of service credit for classified employees under KRS 78.615 if:
      1. The employee works for a school district with a school calendar approved by the Kentucky Department of Education that contains a provision that additional instructional time per day shall be used to make up full days missed due to an emergency;
      2. The employee’s contract requires a minimum six (6) hour work day; and
      3. The employee’s job responsibilities and work day are extended when the instructional time is extended for the purposes of making up time.
    3. Classified employees who are regularly scheduled to work less than six (6) hours per day and who do not have additional work responsibilities as a result of lengthened student attendance days shall be excluded from the provisions of this subsection. These employees may be assigned additional work responsibilities to make up service credit under KRS 78.615 that would be lost due to lengthened student attendance days.

HISTORY: 4370-7; amend. Acts 1952, ch. 104; 1962, ch. 244, Art. VII, § 2; 1964, ch. 6, § 1; 1964, ch. 133, § 1; 1966, ch. 29, paras. (1), (2); 1966, ch. 255, § 150; 1972, ch. 372, § 2; 1974, ch. 265, § 5; 1976, ch. 209, § 1; 1978, ch. 306, § 2, effective March 30, 1978; 1984, ch. 359, § 2, effective July 13, 1984; 1986, ch. 373, § 1, effective July 15, 1986; 1990, ch. 476, Pt. I, § 27, effective July 13, 1990; 1992, ch. 398, § 1, effective July 14, 1992; 1994, ch. 394, § 22, effective July 15, 1994; 1994, ch. 464, § 1, effective July 15, 1994; 1996, ch. 20, § 2, effective July 15, 1996; 1996, ch. 195, § 25, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 580, § 4, effective July 15, 1998; 1998, ch. 609, § 2, effective July 15, 1998; 2000, ch. 261, § 1, effective July 14, 2000; 2000, ch. 527, § 13, effective July 14, 2000; 2001, ch. 134, § 1, effective June 21, 2001; 2002, ch. 131, § 1, effective July 15, 2002; 2002, ch. 169, § 1, effective July 15, 2002; 2004, ch. 89, § 1, effective April 6, 2004; 2005, ch. 178, § 1, effective June 20, 2005; 2010, ch. 136, § 1, effective July 15, 2010; 2010, ch. 146, § 2, effective April 13, 2010; 2013, ch. 107, § 1, effective June 25, 2013; 2014, ch. 14, § 3, effective July 15, 2014; 2016 ch. 138, § 6, effective April 27, 2016; 2017 ch. 68, § 1, effective June 29, 2017; 2018 ch. 53, § 2, effective July 14, 2018; 2018 ch. 153, § 3, effective July 14, 2018; 2018 ch. 174, § 2, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). This statute was amended by 2018 Ky. Acts chs. 53, 153, and 174, which do not appear to be in conflict and have been codified together.

(7/14/2018). 2018 Ky. Acts ch. 153, sec. 5, provides that 2018 Ky. Acts ch. 153 may be cited as the “Lyndsey Crunk Act.” This statute was amended in Section 3 of that Act.

(6/24/2015). In subsection (5)(b) 1. of this statute, a reference to “subsection (4)(d) of this section” has been changed to read “subsection (3)(d) of this section.” In subsection (10) of this statute, a reference to “subsection (1) of this section” has been changed to read “subsection (2) of this section.” When the statute was amended in 2014 Ky. Acts ch.14, sec. 3, the subsections were renumbered, but the reference to subsections (4) and (1) were not changed to conform. The Reviser of Statutes has made the conforming changes under the authority of KRS 7.136 .

(7/15/2010). The amendments made to this section by 2010 Ky. Acts ch. 136 shall be known as the “Make a Difference for Kids Act of 2010.”

(1/29/2002). The words “upon request of the statewide professional education association having the” were inadvertently omitted from subsection (6)(a) of this section when it was amended by 2001 Ky. Acts ch. 134, sec. 1. These words have been restored to the section by the reviser of statutes under KRS 7.136 and 446.280 .

(6/21/2001). A reference to “subsection (3)(c)” in subsection (6)(b)1. of this statute has been changed in codification to “subsection (4)(c)” under KRS 7.136(1)(e) and (h). In 2001 Ky. Acts ch. 134, sec. 1, the existing subsection (3) was renumbered as subsection (4), but an internal reference to that subsection in the existing language of this statute was overlooked.

NOTES TO DECISIONS

  1. Snow Days.
  2. Child Support.
1. Snow Days.

Teachers were not entitled to unemployment benefits for days they missed due to snow, where the days were made up at a later date within the contract year and their incomes remained intact. Tackett v. Kentucky Unemployment Ins. Com., 630 S.W.2d 76, 1982 Ky. App. LEXIS 204 (Ky. Ct. App. 1982).

2. Child Support.

In a child support dispute, a trial court erred by assigning May 30, 2014 as the end of the school and as the termination date for a father's obligation to pay child support because the school year ended on June 30, pursuant to statute; however, there was no error in failing to extend the school year to November 2014 to allow the student to finish his senior year after the age of majority. Mix v. Petty, 465 S.W.3d 891, 2015 Ky. App. LEXIS 40 (Ky. Ct. App. 2015).

Opinions of Attorney General.

Under this section the school board must provide some form of alternative service to be performed by a teacher who does not wish to attend KEA meetings. OAG 60-374 .

The approval of the State Department of Education is required in order to conduct a school on a continuous basis. OAG 67-277 .

Since regulations provide days when schools are closed for mourning and disaster shall be counted as school days, a teacher who would have taught had school been conducted was entitled to compensation for those days. OAG 67-289 .

If in a specific factual situation the only reasonably available access roads which may be utilized to provide transportation to a particular school or schools of the district are so impassable as to create a substantial risk of injury to the pupils who must use these roads, or if in a specific factual situation the only reasonably available access roads are being used by overweight or oversized vehicles in such a manner as to create a hazard under the circumstances to the transportation of schoolchildren, the superintendent does have the power to declare an emergency day or days. OAG 70-568 .

The fact that a superintendent may declare an emergency day in a given factual situation carries with it the power to delay the opening of school, if transportation to the school would create a risk, until the hazardous condition can be rectified. OAG 70-568 .

The superintendent of the district is imposed with a positive responsibility to exercise the discretion vested by subsection (2) of this section in the best interest of the health and safety of the children attending the district schools. OAG 70-568 .

The superintendent of the school district is vested with the discretion of making a factual determination as to whether conditions beyond the control of the superintendent are such as to endanger the safety of children attending the schools of the district. OAG 70-568 .

A proposed plan of a county school district to institute a pilot program of in-service training of teachers which would require the dismissing of pupils for one-half (1/2) day each week would be in violation of subdivision (2)(b) (see now (9)) of this section which requires a pupil’s attendance in school for a minimum term and KRS 158.060 which provides that six (6) hours of actual classroom work shall constitute a school day. OAG 73-98 .

This section leaves the matter of professional days to the discretion of the local board of education and if the superintendent and the board wish to grant a professional day privilege to a professional educators’ organization, there is no reason why they may not do so. OAG 73-668 .

A reduction in state appropriations to the minimum foundation fund for teachers’ salaries, legal or illegal, could not be said to have reduced the number of days required for a minimum school term in the commonwealth’s public common schools; the law still requires 185 days and that four (4) of these days be devoted to in-service training for public common school teachers and the elimination of state money for two (2) in-service days did not take the requirement for the two (2) days away. OAG 82-106 .

Even though the contracts entered into between local boards and their teachers fail to reference the minimum 185 day school term, these contracts could not be construed to cover any period less than the 185 school days established by statute since all full-time teachers in the public common schools have, by operation of law, a contract that entitles them to be paid for 185 school days, four (4) of which are to be utilized as in-service and professional development and planning activities; accordingly, the teachers employed by the local school boards for the 1981-82 school year had a vested right to employment and salary for at least 185 school days and the possible reduction in state funds for teachers’ salaries for two (2) mandated in-service days in no way could be used to divorce the local school districts from their preexisting obligation of contracts for a minimum school term of 185 days. OAG 82-106 . (Refers to 1982 Budget.)

The present school laws, in light of the Kentucky Constitution, do not authorize or permit any state funded extended employment days to be used for vacation or holidays. OAG 82-356 .

It is within the legal prerogative of the local board to fairly establish the nature of professional activities for which it will be willing to incur expenses. OAG 83-228 .

While there is a legal basis for the expenditure of school moneys for professional activities, a school board is not mandated to approve the incurring of these expenses and costs for reimbursement from school funds. OAG 83-228 .

Within reason, school boards are permitted to bear the direct and indirect expenses incurred by teachers and administrators who attend, after prior approval by the board, professional activities and functions; however, school boards are not wholly unfettered in exercising their discretion in approving attendance at sundry professional activities since Const., §§ 180 and 184 require that school funds may be used only for school purposes, the test being whether the expenditure is for an educational purpose rather than whether an activity might be beneficial to education. OAG 83-228 .

It is legal for a board of education to pay salaries and/or expenses, including travel, lodging, and meals for school administrators to attend business sessions of their respective professional organizations, training and professional improvement meetings conducted by their professional organization and accreditation associations to which their schools or districts belong and/or lobbying activities conducted by their professional associations. OAG 83-228 .

It is legal for a board of education to pay salaries and/or expenses, including travel, lodging, meals, and substitute teachers, for teachers to attend business sessions of their respective professional organizations, training and professional improvement meetings conducted by their professional organization, and/or lobbying activities conducted by their organization. OAG 83-228 .

A teacher may take his or her sick leave days on any day of the school year upon compliance with the statutorily required presentation of a personal affidavit or certificate of a physician or as provided for by an appropriately adopted regulation of policy of a local board of education, and a teacher who uses accumulated sick leave to cover a period of absence is not required to use a sick leave day when the schools are already closed for a paid holiday, since the teacher is authorized by this section to be paid for such holidays without the payment being charged to accumulated sick leave. OAG 83-457 .

Schools may offer, but not compel, students who have excessive unexcused absences, attendance in a summer program when attendance in a summer program will enable the students to achieve the appropriate goals. OAG 92-95 .

There is no specific statute authorizing a board of education to require a student who has excessive absences to attend a summer program. OAG 92-95 .

Days that a school is closed for spring vacation cannot be characterized as legal holidays, and therefore do not toll an agency’s response time in responding to an open records request. Days on which students, faculty, and staff are not present for any reason other than Saturdays, Sundays, and legal holidays must therefore be calculated into the three-day response time. OAG 01-ORD-94.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (4) at 870.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

Kentucky Bench & Bar.

Kirby, School-Based Decision Making, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 15.

158.075. Veterans Day observance in public schools.

All public schools shall observe Veterans Day under this section.

  1. On Veterans Day, or one (1) of the five (5) school days preceding Veterans Day, one (1) class or instructional period shall be devoted to the observance of Veterans Day.
  2. Students shall assemble in one (1) or more groups, as decided by the school principal, to attend the Veterans Day program.
  3. The program shall be approved by the principal and, at a minimum, shall consist of a teacher and a veteran speaking on the meaning of Veterans Day.
  4. To develop a Veterans Day program, Kentucky public schools are encouraged to seek advice from the Kentucky Department of Veterans’ Affairs and veterans’ service organizations, including but not limited to the American Legion and the Veterans of Foreign Wars.

History. Enact. Acts 2003, ch. 162, § 1, effective June 24, 2003; 2006, ch. 142, § 1, effective July 12, 2006.

158.080. Private and parochial schools — Courses — Term.

Private and parochial schools shall be taught in the English language and shall offer instruction in the several branches of study required to be taught in the public schools of the state, consistent with KRS 156.445(3). Except in those school districts operating a year-round school program, the term of the school shall not be for a shorter period in each year than the term of the public school provided in the district in which the child attending the school resides. In those school districts which are operating a year-round school program, the minimum term of private and parochial schools shall be one hundred eighty-five (185) days.

History. 4434-3; Acts 1972, ch. 372, § 6; 1978, ch. 136, § 6, effective July 1, 1979; 1978, ch. 155, § 161, effective June 17, 1978; 1978, ch. 384, § 45, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 398, effective July 13, 1990; 1996, ch. 10, § 1, effective July 15, 1996.

Compiler’s Notes.

This section (4434-3; amend. Acts 1972, ch. 372, § 6; 1978, ch. 136, § 6, effective July 1, 1979; 1978, ch. 155, § 161, effective June 17, 1978; 1978, ch. 384, § 45, effective June 17, 1978) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 398, effective July 13, 1990.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Rights of Conscience.
  3. Teachers.
  4. — Certification.
  5. Standardized Achievement Testing.
1. Constitutionality.

This section does not offend the Bill of Rights provided that the “several branches of study” are rationally related to the education of children to exercise their right of suffrage and to participate in the democratic system. Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

2. Rights of Conscience.

While the state has an interest in the education of its citizens which could be furthered through compulsory education, the rights of conscience of those who desire education of their children in private and parochial schools should be protected. Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

3. Teachers.
4. — Certification.

It cannot be said as an absolute that a teacher in a nonpublic school who is not certified under KRS 161.030(2) will be unable to instruct children to become intelligent citizens; certainly, the receipt of “a bachelor’s degree from a standard college or university” is an indicator of the level of achievement, but it is not a sine qua non the absence of which establishes that private and parochial school teachers are unable to teach their students to intelligently exercise the elective franchise. Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

5. Standardized Achievement Testing.

If the Legislature wishes to monitor the work of private and parochial schools in accomplishing the constitutional purpose of compulsory education, it may do so by an appropriate standardized achievement testing program, and if the results show that one or more private or parochial schools have failed to reasonably accomplish the constitutional purpose, the Commonwealth may then withdraw approval and seek to close them for they no longer fulfill the purpose of “schools.” Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

158.090. Kindergartens — Night schools. [Repealed.]

Compiler’s Notes.

This section (4399-50) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.100. Program required to be provided by school district — Additional programs permitted — Refugee or legal alien students — Virtual high school completion program.

  1. Notwithstanding any statute to the contrary, each school district shall provide an approved preschool school program through twelve (12) grade school service. An approved preschool school program through eight (8) grade school service shall be provided for the children residing in the district by maintaining schools. An approved high school service for all children of high school grade under twenty-one (21) years of age residing in the district shall be provided either by maintaining the schools within the district or by contract with another district. The board of education of any school district, subject to the approval of the chief state school officer, may establish night schools, industrial schools, and other schools for the residents of the district as it deems advisable.
  2. A school district may provide an approved high school program to a student who is a refugee or legal alien until the student graduates or until the end of the school year in which the student reached the age of twenty-one (21), whichever occurs first.
    1. The board of education of any school district may establish a virtual high school completion program for residents of the district of at least twenty-one (21) years of age that is designed to allow high school dropouts to complete high school graduation requirements through the use of virtual instruction. (3) (a) The board of education of any school district may establish a virtual high school completion program for residents of the district of at least twenty-one (21) years of age that is designed to allow high school dropouts to complete high school graduation requirements through the use of virtual instruction.
    2. A student shall be eligible to enroll in a district’s program if the student:
      1. Is a resident of the district;
      2. Is at least twenty-one (21) years of age;
      3. Had previously dropped out of a high school; and
      4. Had earned at least sixteen (16) credits at the time of dropping out.
    3. Notwithstanding paragraph (b)1. of this subsection, a program may enroll a nonresident student if the student otherwise qualifies for enrollment.
    4. To enroll in a district’s program, a student shall provide a notarized transcript evidencing any credits earned previously towards graduation that are not from that district.
    5. To earn a high school diploma through the virtual program, a district shall require a student to either:
      1. Complete the high school graduation requirements of the district that were or would have been applicable to the student at the time the student dropped out of high school; or
      2. Complete the high school graduation requirements of the district in effect at the time of enrolling in the virtual program.
    6. A district may charge a student reasonable tuition and fees for the program.

History. 3480-1, 3480-2, 4363-5a, 4399-2, 4399-3; amend. Acts 1966, ch. 184, § 2; 1978, ch. 20, § 1, effective June 17, 1978; 1984, ch. 367, § 6, effective July 13, 1984; 1990, ch. 476, Pt. I, § 28, effective July 13, 1990; 2014, ch. 78, § 1, effective July 15, 2014; 2020 ch. 17, § 1, effective July 15, 2020.

NOTES TO DECISIONS

  1. School Grades.
  2. Education Facilities for All Residents under Twenty-one.
  3. High School.
  4. — Minimum Students for Maintaining.
  5. — Contracts with Another District.
  6. — Attendance.
  7. Uniform or Equal Facilities.
  8. School Taken Over by City.
1. School Grades.

The county school board is not required to provide for the teaching of twelve (12) grades in each school in the district. Wilson v. Alsip, 256 Ky. 466 , 76 S.W.2d 288, 1934 Ky. LEXIS 435 ( Ky. 1934 ).

A school board may maintain schools (1) in which only the elementary grades are taught, (2) in which only the four higher grades are taught, (3) in which all twelve (12) grades are taught, (4) in which the first six (6) grades are taught, (5) junior high schools (seventh, eighth and ninth grades), (6) senior high schools (tenth, eleventh and twelfth grades), (7) or any combination of same, provided it does not act arbitrarily or abuse its discretion. Wilson v. Alsip, 256 Ky. 466 , 76 S.W.2d 288, 1934 Ky. LEXIS 435 ( Ky. 1934 ).

2. Education Facilities for All Residents under Twenty-one.

This section mandatorily directs that each board of education shall provide public education facilities for residents of its district who are under twenty-one. Board of Education v. Bentley, 383 S.W.2d 677, 1964 Ky. LEXIS 51 ( Ky. 1964 ).

3. High School.
4. — Minimum Students for Maintaining.

A rule of the state Superintendent of Public Instruction, approved by the State Board of Education to the effect that a minimum of 60 students is required for maintenance of a high school, was a valid administrative regulation carrying out the Legislature’s intent in its enactment of the school code, and was not an invalid exercise of a legislative function. Dicken v. Kentucky State Board of Education, 304 Ky. 343 , 199 S.W.2d 977, 1947 Ky. LEXIS 579 ( Ky. 1947 ).

5. — Contracts with Another District.

Under law providing that county board could unite with city or town in order to establish a high school for the joint use of the county and city, a county board of education and the board of education of a fourth-class city could contract to establish and maintain joint high and grade schools. Board of Education v. Knox County Board of Education, 260 Ky. 115 , 84 S.W.2d 62, 1935 Ky. LEXIS 447 ( Ky. 1935 ) (decided under prior law).

The right to contract with another district to teach certain grades is conferred upon the county board of education and an independent school district is not authorized to make such contract. Board of Trustees v. State Board of Education, 269 Ky. 253 , 106 S.W.2d 985, 1937 Ky. LEXIS 585 ( Ky. 1937 ).

6. — Attendance.

Law repealing sections dealing with pupil attending the most convenient high school does not violate Ky. Const., § 51, and there is now no law requiring the county board of education to give a high school pupil the privilege of attending the most convenient high school. Stallins v. Caldwell County Board of Education, 274 Ky. 824 , 120 S.W.2d 656, 1938 Ky. LEXIS 350 ( Ky. 1938 ).

Even though it would be more economical and for the best interests of the high school pupils to attend high schools other than those maintained by the county board, whether they attend high schools other than those maintained by the county board and whether some of the high schools should be discontinued is a matter within the discretion of the board. Stallins v. Caldwell County Board of Education, 274 Ky. 824 , 120 S.W.2d 656, 1938 Ky. LEXIS 350 ( Ky. 1938 ).

7. Uniform or Equal Facilities.

The fact that a board of education provided only an eight-month school term for the colored school, while a nine-month term was provided for the white school, did not constitute a violation of Ky. Const., § 187, there being no allegation that the faculty, facilities or equipment of the colored school were unequal to that of the white school. Board of Education v. Ballard, 299 Ky. 370 , 185 S.W.2d 538, 1945 Ky. LEXIS 426 ( Ky. 1945 ) (decision prior to 1966 amendment).

8. School Taken Over by City.

Where school building and grounds located in city of fifth class had been operated by county board of education as a school for colored children, prior to law requiring independent districts in such cities to provide school service for colored children, the county board of education was not entitled to any payment for the property upon its being taken over by the city under the 1936 act. Board of Education v. Board of Education, 292 Ky. 261 , 166 S.W.2d 295, 1942 Ky. LEXIS 69 ( Ky. 1942 ) (decision prior to 1966 amendment).

Cited:

Trenton Graded School Dist. v. Board of Education, 278 Ky. 607 , 129 S.W.2d 143, 1939 Ky. LEXIS 474 ( Ky. 1939 ).

Opinions of Attorney General.

Local school boards have a legal right to spend foundation program funds or revenue raised by local taxation for adults over 21 years of age. OAG 65-410 .

A child living with its guardian within the county school district would be “residing” in the district within the meaning of the statutes and would be eligible to attend the county schools without the payment of tuition. OAG 66-550 .

A county board of education has legal authority to refuse the admission of nonresident children to its schools, but the board would be prohibited from arbitrarily extending school attendance privileges to some nonresident children while denying the same privilege to others. OAG 66-550 .

Where children residing on federal property attend schools operated and financed by the federal government, if the property in the federally-owned areas were subject to local ad valorem taxation by the school districts, and if the responsibility for educating children residing in these areas was transferred to the local school districts, then those resident children could properly and lawfully be included in the computation of state minimum foundation program fund allocations. OAG 68-50 .

The duty of the school district to provide transportation under KRS 158.110 extends only to children of elementary grades who reside within its district. OAG 69-140 .

A school district which grants nonresident pupils the privilege of attending its school for which tuition is charged, is not compelled to furnish transportation to such nonresident students. OAG 69-140 .

The obligation of a local school district to provide an education to those children residing in the school district is not affected by the compulsory attendance laws since said laws affect those children wanting to get away from education in the schools, not those desiring to stay in school. OAG 77-116 .

An unmarried girl under the age of 16, who has given birth to a child and is mothering that child, is not required to attend school, even though there is no delineated exemption under KRS 159.030 ; however, if the girl finds it necessary to remain out of school for several years, she is entitled to attend school later, up until she has received 12 years education or reached the age of 21. OAG 81-73 .

Both KRS 158.030 and this section must be considered as addressing and affecting only public common school districts. OAG 85-55 .

Existing legislation does not require nonpublic schools in Kentucky to have kindergartens. OAG 85-55 .

Where a child attends a nonpublic school kindergarten, so long as the child will be six (6) years old by October 1, the child would be eligible and entitled to enroll in the first grade in a public common school district. If the child would not be six (6) years old until after October 1, the child would be eligible to enroll only in a public school’s kindergarten program rather than first grade, even though he has already been in kindergarten in a nonpublic school. OAG 85-55 .

A child who is six (6) years old before October 1, but who has not attended any kindergarten, would have to be enrolled, as far as the public common schools are concerned, in a kindergarten program rather than a public school first grade. OAG 85-55 .

Where a child attends no kindergarten program, either public or nonpublic, before July 1, 1986, but upon attaining six (6) years of age he enrolls in a nonpublic school first grade, and such child subsequently is presented for enrollment in a public common school for the second or a subsequent grade, the child would be entitled to so enroll subject to the usual application of the provisions of KRS 158.140 . OAG 85-55 .

Research References and Practice Aids

Cross-References.

Special education facilities for exceptional or handicapped children, KRS 157.230 to 157.290 .

158.102. Requirement for library media center — Employment of librarian.

  1. The board of education for each local school district shall establish and maintain a library media center in every elementary and secondary school to promote information literacy and technology in the curriculum, and to facilitate teaching, student achievement, and lifelong learning.
    1. Schools shall employ a school media librarian to organize, equip, and manage the operations of the school media library. The school media librarian shall hold the appropriate certificate of legal qualifications in accordance with KRS 161.020 and 161.030 . A certified school media librarian may be employed to serve two (2) or more schools in a school district with the consent of the school councils. (2) (a) Schools shall employ a school media librarian to organize, equip, and manage the operations of the school media library. The school media librarian shall hold the appropriate certificate of legal qualifications in accordance with KRS 161.020 and 161.030 . A certified school media librarian may be employed to serve two (2) or more schools in a school district with the consent of the school councils.
    2. If a vacancy occurs, the school council may fill the vacancy on a temporary basis by employing:
      1. A person who is pursuing certification as a school media librarian in accordance with administrative regulations promulgated by the Education Professional Standards Board; or
      2. A temporary employee for a period not to exceed sixty (60) days.

History. Enact. Acts 2000, ch. 339, § 1, effective July 14, 2000.

158.105. War veterans may complete high school course without tuition.

Each school district in this state shall admit to its twelve (12) grade school service, without tuition, any veteran of the Armed Forces whose attendance was interrupted, before completing the approved twelve (12) grade school course, because of induction or enlistment in the Armed Forces. The veteran shall apply for reenrollment in the public school system of the district of his residence not later than four (4) years after his honorable discharge from the Armed Forces. However, this is not intended to apply to enrollment by veterans in special courses for which tuition is paid under the provisions of federal laws, or otherwise.

History. Enact. Acts 1948, ch. 123; 1990, ch. 476, Pt. IV, § 199, effective July 13, 1990.

158.107. Fee, rental or purchase of instructional materials prohibited — Exceptions — Annual report on funds expended by public school district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 132, § 1, effective June 17, 1978; 1980, ch. 306, § 1, effective July 15, 1980) was repealed by Acts 1982, ch. 19, § 2, effective February 26, 1982.

158.108. Effect of failure to pay for or rent school supplies.

No child shall be denied full participation in any educational program due to an inability to pay for, or rent, necessary school supplies, including textbooks.

History. Enact. Acts 1982, ch. 19, § 1, effective February 26, 1982; 1986, ch. 462, § 2, effective July 15, 1986; 1990, ch. 476, Pt. IV, § 200, effective July 13, 1990.

Opinions of Attorney General.

KRS 159.140 (7) (see now 159.140 (1)(h)) and 160.330 may be read in complete harmony with this section. OAG 82-359 .

There is no federal prohibition against charging a fee to the parents of a handicapped child that will be charged to the parents of a nonhandicapped student as a part of the regular education program; but if the object or reason for a fee will solely relate to the fulfillment of a handicapped child’s individual educational program, a charge may not be made to the parents of the handicapped child. Nevertheless, a very close scrutiny of the charges to be made by a school district will be required regarding each handicapped child. OAG 82-359 .

A school district cannot use parents’ inability to pay or refusal to pay against a student. OAG 82-464 .

No child is to be denied the opportunity to participate in an educational program due to the parents’ inability to pay; how such “inability to pay” is determined is up to the reasonable discretion of each local school board. OAG 82-464 .

No school district can use “debt” collection as an obstacle to prevent a child from receiving an education in one of the public common schools. OAG 82-464 .

The 1982 General Assembly in repealing KRS 158.107 and enacting this section has again authorized local school districts to charge parents incidental fees associated with the instruction of their children; thus, the school districts may charge parents for materials and supplies for courses and projects that related to any educational program, remembering the special considerations applicable to handicapped children. Parents are entitled to be informed what the fee they are being charged will be used for, that is, what is going to be received by the child in return for the payment of this money by the parent. OAG 82-464 .

This section is not to be used for general fund raising, but only to reimburse the school district for materials and supplies provided to a child as a part of a child’s educational program. OAG 82-464 .

158.110. Transportation of pupils.

  1. Boards of education may provide transportation from their general funds or otherwise for any pupil of any grade to the nearest school to the pupil’s residence within the district if the pupil does not live within a reasonable walking distance to such nearest school of appropriate grade level. The local board may provide transportation by means of a board-operated transportation system, transit authorities organized and operating pursuant to KRS Chapter 96A, local governmental mass transit systems, and individual contracted buses and vehicles.
  2. When space is not available at the nearest school, boards of education may provide transportation from their general funds or otherwise for any pupil of any grade who does not live within a reasonable walking distance to the nearest school of appropriate grade level where space is available. Transportation may be provided by means pursuant to subsection (1) of this section.
  3. Public elementary and secondary schools shall not change their present grade level structure without written permission from the Kentucky Board of Education.
  4. The boards of education shall adopt such rules and regulations as will insure the comfort, health, and safety of the children who are transported, consistent with the rules and regulations of the Kentucky Board of Education dealing with the transportation of pupils.

History. 4399-20; amend. Acts 1944, ch. 173, § 10; 1976, ch. 78, § 3, effective March 29, 1976; 1978, ch. 155, § 82, effective June 17, 1978; 1986, ch. 161, § 1, effective July 15, 1986; 1990, ch. 476, Pt. IV, § 201, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

  1. In General.
  2. Relation to Other Laws.
  3. Constitutionality.
  4. Purpose.
  5. Application.
  6. Elementary Pupils.
  7. Costs.
  8. Definition of “or otherwise.”
  9. Reasonable Walking Distance.
  10. Reasonable Mode of Transportation.
  11. Charging Fees or Fares.
  12. Purchase of Buses.
  13. Liability.
  14. — County Board.
  15. Gasoline Tax.
  16. Hauling Voters to Polls.
1. In General.

County board of education is an arm of the state and in operating common schools it is engaged in a governmental capacity. Wallace v. Laurel County Bd. of Education, 287 Ky. 454 , 153 S.W.2d 915, 1941 Ky. LEXIS 556 ( Ky. 1941 ).

2. Relation to Other Laws.

School district had to allow students to attend the school nearest home, not merely to register at the school nearest home. That interpretation of KRS 159.070 was consistent with KRS 158.110 . Fell v. Jefferson County Bd. of Educ., 2011 Ky. App. LEXIS 176 (Ky. Ct. App. Sept. 30, 2011), rev'd, 391 S.W.3d 713, 2012 Ky. LEXIS 148 ( Ky. 2012 ).

3. Constitutionality.

This section is not unconstitutional as being a delegation of legislative power. County Board of Education v. Goodpaster, 260 Ky. 198 , 84 S.W.2d 55, 1935 Ky. LEXIS 444 ( Ky. 1935 ).

So much of this section as provides for free transportation for pupils attending private schools is unconstitutional. Sherrard v. Jefferson County Board of Education, 294 Ky. 469 , 171 S.W.2d 963, 1942 Ky. LEXIS 2 ( Ky. 1942 ) (decision prior to 1944 amendment).

Paragraphs 1 and 2 of Acts 1976, ch. 78, § 3, which amended subsections (1) and (2) of this section, in effect allowed local school boards to refuse to expend funds for cross district busing, thereby circumventing the state’s responsibility to comply with court desegregation orders, and were unconstitutional. Carroll v. Board of Education, 561 F.2d 1, 1977 U.S. App. LEXIS 11870 (6th Cir. Ky. 1977 ), cert. denied, 435 U.S. 904, 98 S. Ct. 1449, 55 L. Ed. 2d 494, 1978 U.S. LEXIS 945 (U.S. 1978).

Paragraph 3 of Acts 1976, ch. 78, § 3, which amended subsection (3) of this section relating to change of grade level structures, violated the provision of Ky. Const., § 51 against more than one (1) subject in legislation. Carroll v. Board of Education, 561 F.2d 1, 1977 U.S. App. LEXIS 11870 (6th Cir. Ky. 1977 ), cert. denied, 435 U.S. 904, 98 S. Ct. 1449, 55 L. Ed. 2d 494, 1978 U.S. LEXIS 945 (U.S. 1978).

4. Purpose.

The statute was enacted to protect children from traffic hazards they would encounter in walking to school, not to protect the children from seeing evidence that the roads are being used for drinking or immoral purposes. Hoefer v. Hardin County Board of Education, 441 S.W.2d 418, 1969 Ky. LEXIS 317 ( Ky. 1969 ).

5. Application.

This section applies to independent school districts as well as to county school districts. Schmidt v. Payne, 304 Ky. 58 , 199 S.W.2d 990, 1947 Ky. LEXIS 584 ( Ky. 1947 ).

6. Elementary Pupils.

This section is mandatory with respect to elementary pupils, and discretionary as to pupils in higher grades. Ex parte County Board of Education, 260 Ky. 246 , 260 Ky. 249 , 84 S.W.2d 59, 1935 Ky. LEXIS 445 ( Ky. 1935 ).

This section is mandatory as to elementary grades. The school board must either enroll the pupil in a school within reasonable walking distance of his home, or, if facilities are not available for the pupil at such a school, the board must furnish transportation to some other school selected by it. Hines v. Pulaski County Board of Education, 292 Ky. 100 , 166 S.W.2d 37, 1942 Ky. LEXIS 46 ( Ky. 1942 ).

7. Costs.

The transportation of pupils does not require the levy of a special tax. The cost is payable from general funds or otherwise. Ex parte County Board of Education, 260 Ky. 246 , 260 Ky. 249 , 84 S.W.2d 59, 1935 Ky. LEXIS 445 ( Ky. 1935 ).

Given the state’s constitutional duty to make public education available and to fund the school system thus created, the burden of additional costs of transporting students resulting from a federal desegregation order fell on the state if local school district was unable to fund such transportation. Carroll v. Department of Health, Education & Welfare, 410 F. Supp. 234, 1976 U.S. Dist. LEXIS 16031 (W.D. Ky. 1976 ), aff'd, Carroll v. Board of Education, 561 F.2d 1, 1977 U.S. App. LEXIS 11870 (6th Cir. Ky. 1977 ).

8. Definition of “or otherwise.”

The words “or otherwise” have reference to funds that may come to the hands of the board of education other than through the exercise of a coercive revenue producing power. Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

9. Reasonable Walking Distance.

It is the mandatory duty of a board of education to furnish transportation to children who do not live within reasonable walking distance of the school attended. Madison County Board of Education v. Skinner, 299 Ky. 707 , 187 S.W.2d 268, 1945 Ky. LEXIS 809 ( Ky. 1945 ).

Where young children were required to walk two (2) or three (3) miles to school, over a tortuous and dangerous road crossing narrow bridge, railroad, and federal highway carrying fast moving traffic, independent school board’s determination that children were within “reasonable walking distance” was abuse of discretion, and therefore writ of mandamus would be granted to compel board to furnish pupils transportation as soon as possible. Schmidt v. Payne, 304 Ky. 58 , 199 S.W.2d 990, 1947 Ky. LEXIS 584 ( Ky. 1947 ).

Walking distances for elementary pupils which do not exceed two (2) miles, where no particularly hazardous road conditions are involved, are not unreasonable and travel for about two (2) miles on a gravel road without shoulders or walkways over which approximately 50 cars passed each day was within reasonable walking distance. Board of Education v. Bowling, 312 Ky. 749 , 229 S.W.2d 769, 1950 Ky. LEXIS 767 ( Ky. 1950 ).

Where distance children had to walk to school was at the most two and one-quarter (21/4) miles along streets which did not present any particular hazards and they had school safety patrol and traffic patrolwoman to assist them in crossing the streets it was not mandatory upon the board to furnish transportation. Bowen v. Meyer, 255 S.W.2d 490, 1953 Ky. LEXIS 657 ( Ky. 1953 ).

The distance alone, which at the most was two and one-quarter (21/4) miles, was not an unreasonable walking distance for pupils in an elementary school. Bowen v. Meyer, 255 S.W.2d 490, 1953 Ky. LEXIS 657 ( Ky. 1953 ).

The board of education necessarily must be allowed some discretion in determining what is a reasonable walking distance in any particular situation, and the courts should not interfere unless the board has acted in an arbitrary and unreasonable manner in refusing to furnish transportation. Bowen v. Meyer, 255 S.W.2d 490, 1953 Ky. LEXIS 657 ( Ky. 1953 ).

Where the plaintiff’s children had to walk one-half (1/2) to seven-tenths (7/10) of a mile to reach a school bus, there was not sufficient substantial evidence to compel a finding by the trial court that the board of education acted arbitrarily or unreasonably in refusing to take a bus to the plaintiff’s home. Hoefer v. Hardin County Board of Education, 441 S.W.2d 418, 1969 Ky. LEXIS 317 ( Ky. 1969 ).

The fact that road may be insufficiently patrolled by the law enforcement officers is not sufficient reason to require the school board to send a school bus one-half (1/2) mile down narrow one-lane gravel road over unsafe bridge to the plaintiff’s residence where there was no turnaround to pick up elementary school pupils and board of education did not act arbitrarily and unreasonably in requiring children to walk up the road to the bus line. Hoefer v. Hardin County Board of Education, 441 S.W.2d 418, 1969 Ky. LEXIS 317 ( Ky. 1969 ).

10. Reasonable Mode of Transportation.

Where school bus was operated over main highway, but certain pupils lived on dirt side roads, over which it was impossible to operate a school bus of regular size, and in bad weather such roads became in such condition as to make it unsafe for children to travel on foot, order of court requiring school board to furnish “such reasonable mode of transportation as the condition of the roads permit” was affirmed, it being contemplated that school board would pay for transportation of pupils by parents in private automobiles. Madison County Board of Education v. Skinner, 299 Ky. 707 , 187 S.W.2d 268, 1945 Ky. LEXIS 809 ( Ky. 1945 ).

11. Charging Fees or Fares.

The whole tenor of the statutes is that the transportation shall be furnished for grade school pupils at public expense. Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

The general powers of a board of education are broad enough to encompass the operation of a transportation system under which high school pupils are charged a fee. Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

Free transportation may be furnished indigent high school pupils under appropriate and reasonable regulations although high school pupils are charged fees for transportation. Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

Charging of fares to high school pupils will not have the effect of reducing the per pupil minimum state aid under KRS 157.400 (repealed). Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

Charging fees to high school pupils does not give a pupil residing within reasonable walking distance of the school a matter of right to tender the fare and ride the bus. Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

12. Purchase of Buses.

The board may either purchase buses and hire drivers, or contract with persons who own their own vehicles. Smith v. Rose, 293 Ky. 583 , 169 S.W.2d 609, 1943 Ky. LEXIS 663 ( Ky. 1943 ).

13. Liability.
14. — County Board.

Act of furnishing transportation is not removed from governmental function, even if provision requiring board to furnish such transportation should be deemed mandatory and not merely permissive. Wallace v. Laurel County Bd. of Education, 287 Ky. 454 , 153 S.W.2d 915, 1941 Ky. LEXIS 556 ( Ky. 1941 ).

County board of education was not liable for personal injuries, allegedly due to negligence of school bus driver, to pupil who alighted from bus and was struck by passing car, since board was engaged in governmental function in furnishing transportation. Wallace v. Laurel County Bd. of Education, 287 Ky. 454 , 153 S.W.2d 915, 1941 Ky. LEXIS 556 ( Ky. 1941 ).

When a board of education has secured an insurance policy, under KRS 160.310 , insuring against liability (rather than loss) arising from the operation of its school buses, the board may not interpose the defense, in an action for damages arising from negligent operation of a school bus, that the operation of school buses is a governmental function. Taylor v. Knox County Bd. of Educ., 292 Ky. 767 , 167 S.W.2d 700, 1942 Ky. LEXIS 144 ( Ky. 1942 ), overruled in part, Grayson County Bd. of Educ. v. Casey, 157 S.W.3d 201, 2005 Ky. LEXIS 50 ( Ky. 2005 ).

In suit against county board of education where board carried liability insurance under KRS 160.310 it was within the province of the jury to find bus driver was negligent and that nine-year-old boy was not contributorily negligent in collision of his bicycle with a school bus. Pike County Bd. of Education v. Varney, 253 S.W.2d 253, 1952 Ky. LEXIS 1074 ( Ky. 1952 ).

No liability may be imposed upon the individual board members when they fail to perform or perform negligently some duty owing the public but the transportation of pupils is a necessary part of the school program and the carrying of liability insurance under KRS 160.310 is an expense incident thereto and failing of school board to require bus operators to carry liability insurance renders the members of the board individually liable. Bronaugh v. Murray, 294 Ky. 715 , 172 S.W.2d 591, 1943 Ky. LEXIS 531 ( Ky. 1943 ).

15. Gasoline Tax.

Boards of education are liable for tax on gasoline purchased by them. Board of Education v. Talbott, 286 Ky. 543 , 151 S.W.2d 42, 1941 Ky. LEXIS 283 ( Ky. 1941 ).

Payment of gasoline tax by boards of education does not violate Const., § 184. Board of Education v. Talbott, 286 Ky. 543 , 151 S.W.2d 42, 1941 Ky. LEXIS 283 ( Ky. 1941 ).

16. Hauling Voters to Polls.

Use of school buses to haul voters to polls at subdistrict tax levy election is not inherently vicious, but is subject to criticism if passengers are limited to adherents of one (1) side. Gill v. Board of Education, 288 Ky. 790 , 156 S.W.2d 844, 1941 Ky. LEXIS 142 ( Ky. 1941 ).

Cited:

Ex parte County Board of Education, 260 Ky. 246 , 260 Ky. 249 , 84 S.W.2d 59, 1935 Ky. LEXIS 445 ( Ky. 1935 ); Cox v. Barnes, 469 S.W.2d 61, 1971 Ky. LEXIS 288 ( Ky. 1971 ); Joslin v. Board of Education, 585 F. Supp. 37, 1983 U.S. Dist. LEXIS 15249 (E.D. Ky. 1983 ).

Opinions of Attorney General.

A school district which grants nonresident pupils the privilege of attending its school for which tuition is charged, is not compelled to furnish transportation to such nonresident students. OAG 69-140 .

The duty of the school board to provide transportation extends only to children of elementary grades who reside within its district. OAG 69-140 .

Common school funds may be used for transporting pupils from private or parochial schools to public vocational schools where the private school students attend vocational schools on a split day basis and where regular school bus transportation is used. OAG 75-300 .

A school bus may be used to transport children to a child care center or scout meeting after school if the delivery point is along the usual bus route, the distance is greater than a reasonable walking distance, and the driver has permission from the principal who in turn has secured permission from the parents. OAG 75-645 .

A board of education is not under an obligation to provide transportation where the students or parents have refused the school provided for the children and instead the parents take their children to another public school. OAG 76-55 .

If school district money in any respect and in any amount is used to transport nonpublic school children, the Kentucky Constitution will be violated. OAG 82-392 .

It was not constitutionally permissible for the board of education to provide transportation for parochial school pupils from their homes to the nearest public schools, so long as they do not live within a reasonable walking distance to such school, where transportation from public schools to parochial schools would then be provided either by the fiscal court or the local parochial school system. OAG 82-392 .

To the extent nonpublic school children are transported on public school buses, irrespective of their point of departure, the local school district must be reimbursed on a per capita basis to avoid constitutional violation. Accordingly, it would not be appropriate for the board of education to provide transportation for parochial pupils from their homes to the nearest public school, so long as they do not live within a reasonable walking distance to such school, and for the board of education to be reimbursed by either the fiscal court and/or the local parochial school system for the additional cost (if any) to the school system, since reimbursement is required to be on a “per capita” basis. OAG 82-392 .

Research References and Practice Aids

Cross-References.

Insurance of school buses, KRS 160.310 .

Transportation of pupils, regulations concerning, KRS 156.160 .

158.115. Supplementation of school bus transportation system by county out of general funds — Annual report to Interim Joint Committee on Appropriations and Revenue.

  1. Each county may furnish transportation from its general funds, and not out of any funds or taxes raised or levied for educational purposes or appropriated in aid of the common schools, to supplement the present school bus transportation system for the aid and benefit of all pupils of elementary grade attending school in compliance with the compulsory school attendance laws of the Commonwealth of Kentucky who do not reside within reasonable walking distance of the school they attend and where there are no sidewalks along the highway they are compelled to travel; and any county may provide transportation from its general funds to supplement the present school bus transportation system for the aid of any pupil of any grade who does not live within reasonable walking distance of the school attended by him in compliance with the compulsory school attendance laws and where there are no sidewalks along the highway he is compelled to travel.
  2. Each county may provide transportation by means of local board of education operated transportation systems, transit authorities organized and operating pursuant to KRS Chapter 96A, local governmental mass transit systems, and individual contracted buses and vehicles.
  3. By September 30 of each year, the secretary of the Transportation Cabinet shall report to the General Assembly’s Interim Joint Committee on Appropriations and Revenue the following information for those fiscal court applications received by the Transportation Cabinet:
    1. The annual cost to transport an individual pupil by local school district;
    2. The total annual cost to transport all pupils;
    3. The number of nonpublic school pupils transported by district;
    4. The amount of money needed to fund actual costs to transport the projected number of nonpublic pupils over the next biennium; and
    5. A history by year of participating counties requesting funding to transport nonpublic students, the funding requested by the counties, and the actual funding provided to the counties.

History. Enact. Acts 1974, ch. 156; 1986, ch. 161, § 6, effective July 15, 1986; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 399, effective July 13, 1990; 2008, ch. 131, § 1, effective July 15, 2008.

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 156; 1986, ch. 161, § 6, effective July 15, 1986) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 399, effective July 13, 1990.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Construction.
  3. Nonpublic School Pupils.
  4. Expenditure from General Fund.
  5. — Use of School Funds.
  6. Limitation on Transportation.
  7. Transportation Subsidies.
  8. — Constitutionality.
1. Constitutionality.

This section does not violate Const., § 5 notwithstanding that it would authorize transportation of children to parochial schools as well as public schools for it is simply an exercise of police power for the protection of children against the inclemency of the weather and the hazards of highway traffic. Nichols v. Henry, 301 Ky. 434 , 191 S.W.2d 930, 1945 Ky. LEXIS 746 ( Ky. 1945 ).

This section does not violate § 26, of the Constitution. Nichols v. Henry, 301 Ky. 434 , 191 S.W.2d 930, 1945 Ky. LEXIS 746 ( Ky. 1945 ).

This section does not violate Const., § 180 as authorizing a diversion of tax proceeds. Nichols v. Henry, 301 Ky. 434 , 191 S.W.2d 930, 1945 Ky. LEXIS 746 ( Ky. 1945 ).

This section does not violate either the provisions of Const., § 171 requiring that tax levys be only for public purposes or the provision of Const., § 3 forbidding a special privilege. Nichols v. Henry, 301 Ky. 434 , 191 S.W.2d 930, 1945 Ky. LEXIS 746 ( Ky. 1945 ).

This section is valid as legislation intended for public purpose of protecting children from dangers of highways and is not invalid as intended for private purpose of aiding private, parochial or sectarian schools notwithstanding that such schools would indirectly benefit by virtue of transportation of their pupils. Nichols v. Henry, 301 Ky. 434 , 191 S.W.2d 930, 1945 Ky. LEXIS 746 ( Ky. 1945 ).

2. Construction.

This section’s use of the word “may” denotes that the section permits county fiscal courts to supplement the present bus school transportation system, but does not require it to do so. Fiscal Court v. Brady, 885 S.W.2d 681, 1994 Ky. LEXIS 88 ( Ky. 1994 ).

3. Nonpublic School Pupils.

Children attending private, parochial or sectarian schools under the provisions of KRS 159.030 are “attending school in compliance with the compulsory school attendance laws” within the meaning of this section. Nichols v. Henry, 301 Ky. 434 , 191 S.W.2d 930, 1945 Ky. LEXIS 746 ( Ky. 1945 ).

Fiscal court may, under this section, bear the expense of transporting children attending parochial or private schools. Rawlings v. Butler, 290 S.W.2d 801, 1956 Ky. LEXIS 345 ( Ky. 1956 ).

This section contemplates transportation furnished by the fiscal court to “all pupils” equally, but contemplates neither furnishing transportation selectively to some pupils and not others nor direct payment to the general fund of private institutions. Fiscal Court v. Brady, 885 S.W.2d 681, 1994 Ky. LEXIS 88 ( Ky. 1994 ).

4. Expenditure from General Fund.

Fiscal court should make general fund unit in county budget large enough to cover amount to be expended under this section, rather than attempt to levy a special tax for the purpose. Nichols v. Henry, 301 Ky. 434 , 191 S.W.2d 930, 1945 Ky. LEXIS 746 ( Ky. 1945 ).

5. — Use of School Funds.

The school district cannot constitutionally expend any of its funds to transport nonpublic school pupils and expenditures under this section must be by county out of general funds. Board of Education v. Jefferson County, 333 S.W.2d 746, 1960 Ky. LEXIS 198 ( Ky. 1960 ).

6. Limitation on Transportation.

Transportation may be furnished only to those who did not live within reasonable walking distance of the school, and where there are no sidewalks at or within a reasonable distance of their homes, but having once boarded the bus they will not be required to leave it until they have been transported to within a reasonable distance of their school. Nichols v. Henry, 301 Ky. 434 , 191 S.W.2d 930, 1945 Ky. LEXIS 746 ( Ky. 1945 ).

7. Transportation Subsidies.

Taxpayer challenge to expenditures for transportation of nonpublic school students in Acts 1994 (1st Ex. Sess.), ch. 5, Part XI, E. and administrative regulation setting up procedure for distribution of funds provided by the Act (600 KAR 5:010) was not moot for although payment had already been made for the 1994-95 school year at the time of the appeal of the Circuit Court’s dismissal of the action the payments for the 1995-96 school year were still pending and since the legislature has historically approved various expenditures pursuant to KRS 158.115 it is a matter likely to come again before the legislature. Price v. Commonwealth, 945 S.W.2d 429, 1996 Ky. App. LEXIS 136 (Ky. Ct. App. 1996).

8. — Constitutionality.

Grants made by fiscal court from county tax revenues by direct payment to certain specified privately-owned schools designated as transportation subsidies violated Ky. Const., § 171, which provides that taxes shall be levied for public purposes only, and subsection (1) of KRS 61.080 , which provides that county funds may be appropriated only for lawful purposes. Fiscal Court v. Brady, 885 S.W.2d 681, 1994 Ky. LEXIS 88 ( Ky. 1994 ).

Award of 99 percent of fiscal court’s transportation subsidy to educational institutions that promote religious teachings and beliefs, while equivalent support for the public school optional program was withheld violated Ky. Const., §§ 5, 189. Fiscal Court v. Brady, 885 S.W.2d 681, 1994 Ky. LEXIS 88 ( Ky. 1994 ).

Grants made by fiscal court from county tax revenue by direct payment to certain specified privately-owned schools which were designated as a transportation subsidies violated Ky. Const., § 184 when such payments were made directly to the nonpublic school, for Ky. Const., § 184 provides that money cannot be expended for education other than in common schools without a vote of the public, because public money is being expended for the benefit of the private institution rather than providing specifically for the health and safety of all the children. Fiscal Court v. Brady, 885 S.W.2d 681, 1994 Ky. LEXIS 88 ( Ky. 1994 ).

Cited:

Madison County Bd. of Educ. v. Skinner, 299 Ky. 707 , 187 S.W.2d 268, 1945 Ky. LEXIS 809 (1945).

Opinions of Attorney General.

Under this section the fiscal court may appropriate moneys out of its general fund to pay the transportation expenses of retarded children who are attending nonpublic schools. OAG 61-547 .

A fiscal court may appropriate funds to aid a local board of education in the transportation of students attending nonpublic schools. OAG 61-668 .

A county can expend money from its properly budgeted general fund to the county board of education for the specific transportation purposes outlined in the statute, provided that such expenditure is actually supplemental to the present school bus transportation system for such affected class of students, and provided the formula for such expenditure is observed. OAG 67-241 .

This section is permissive and the fiscal court is not required to supplement school bus transportation in any given year even though it may have done so in prior years. OAG 67-433 .

It seems clear that in enacting this section the Legislature intended that when the fiscal court of a county decided to furnish transportation to pupils in parochial schools, the school board in the county which was then furnishing transportation to the public schools would have to enlarge its operation to include the parochial schools and be compensated from the general funds of the county on a pro rata basis. OAG 72-795 .

Common school funds may be used for transporting pupils from private or parochial schools to public vocational schools where the private school students attend vocational schools on a split day basis and where regular school bus transportation is used. OAG 75-300 .

Under this section, a fiscal court may fund the cost of transporting students to parochial schools within its district. OAG 76-529 .

While this section authorizes a county to supplement the transportation of school children under certain conditions out of its general funds, it does not apply to the rocking and maintenance of a school bus turnaround on private property. OAG 79-200 .

A county fiscal court may provide snow removal service to the county schools in exchange for the transporting of nonpublic school students, provided that the value of such service is fairly and accurately determined, provisions are made for the payment to the county school system of any balance due, and appropriate procurement laws are followed where applicable; the best method for handling any legitimate exchange of services as outlined would be for the county school system to pay for the service and for the county fiscal court to pay that amount back to the county school system for the transporting of nonpublic school students. OAG 80-390 .

It is not constitutionally permissible for the board of education to provide transportation for parochial school pupils from their homes to the nearest public schools so long as they do not live within a reasonable walking distance to such school, where transportation from public schools to parochial schools would then be provided either by the fiscal court or the local parochial school system. OAG 82-392 .

To the extent nonpublic school children are transported on public school buses, irrespective of their point of departure, the local school district must be reimbursed on a per capita basis to avoid constitutional violation. Accordingly, it would not be appropriate for the board of education to provide transportation for parochial pupils from their homes to the nearest public school, so long as they do not live within a reasonable walking distance to such school, and for the board of education to be reimbursed by either the fiscal court and/or the local parochial school system for the additional cost (if any) to the school system, since reimbursement is required to be on a “per capita” basis. OAG 82-392 .

A member of the board of education of a particular county would not be personally liable if the school board failed to collect from the fiscal court the amount due under its contract with the fiscal court for the transportation of students to and from parochial schools, when the fiscal court contracted and agreed to pay such transportation expense. Only the school board had a responsibility to collect the money due under the contract with the fiscal court. OAG 82-405 .

This section was the authorizing statute for a contract requiring a fiscal court to reimburse a school district on a straight per capita basis for nonpublic school students who ride public school buses and, absent full reimbursement by the fiscal court to the school board, the expenditure of public school moneys for transporting nonpublic school children would create a constitutional violation under Const., § 180 as well as other provisions. Therefore, failure by the school board to enforce the contract with the fiscal court would be tantamount to willful neglect of duty and could lead to removal from office. OAG 82-405 .

A proposal by the fiscal court to pay a sum equal to 150 percent of the purported “actual cost” of transporting all the school children in a school district may not be legally tolerated, since it appears that a purported “actual increase cost” figure for the cost of transporting the nonpublic school children may not be constitutionally determined. OAG 83-294 .

158.120. Nonresident pupils — Tuition.

  1. Any board of education may charge a reasonable tuition fee per month for each child attending its schools whose parent, guardian, or other legal custodian is not a bona fide resident of the district. Any controversy as to the fee shall be submitted to the Kentucky Board of Education for final settlement. The fee shall be paid by the board of education of the school district in which the pupil resides, except in cases where the board makes provision for the child’s education within his district. If a board of education is required to pay a pupil’s tuition fee, the pupil shall be admitted to a school only upon proper certificate of the board of education of the district in which he resides.
  2. When it appears to the board of education of any school district that it is convenient for a pupil of any grade residing in that district to attend an approved public school in another district, the board of education may enter into a tuition contract with the public school authorities of the other school district for that purpose, but before a contract is entered into with public school authorities in another state the school shall have been approved by the state school authorities of that state through the grades in which the pupil belongs. When a district undertakes, under operation of a tuition contract or of law, to provide in its school for pupils residing in another district, the district of their residence shall share the total cost of the school, including transportation when furnished at public expense, in proportion to the number of pupils or in accordance with contract agreement between the two (2) boards.

History. 4399-51; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 202, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

  1. Residence in District.
  2. Tuition.
  3. — Payment.
  4. Discretion of Board.
  5. Pleadings.
1. Residence in District.

When an inmate of a children’s home is placed in a “boarding home” in another school district, he is entitled to attend school in the latter district without payment of tuition. Wirth v. Board of Education, 262 Ky. 291 , 90 S.W.2d 62, 1935 Ky. LEXIS 787 ( Ky. 1935 ).

Denial of a school district's claim for nonresident tuition from a family was appropriate because the family members were bona fide residents of the district as they properly notified the district of their intention to live within the district and paid the tuition for a semester. When their house which they purchased within the district was not completed in time, they then leased an apartment in the district, moved part of their belongings to the apartment, and spent some nights in the apartment so that they could be residents of the district. Beechwood Bd. of Educ. v. Wintersheimer, 493 S.W.3d 390, 2016 Ky. App. LEXIS 103 (Ky. Ct. App. 2016).

2. Tuition.

The fact that the receiving board did not secure as high a tuition from nonresidents as it might have does not, in the absence of corruption or bad faith, make its acts illegal. White v. Board of Education, 263 Ky. 91 , 91 S.W.2d 539, 1936 Ky. LEXIS 123 (Ky. Ct. App. 1936).

3. — Payment.

Where city boundaries extended beyond those of independent school district said school district could enjoin resident of city living beyond the boundaries of the district from sending his children to said school until he paid the tuition charged under this section. Jenkins Independent School Dist. v. Hunt, 314 Ky. 760 , 237 S.W.2d 65, 1951 Ky. LEXIS 748 ( Ky. 1951 ).

4. Discretion of Board.

The matter of whether to pay tuition for a child’s attendance at a school of another district is a matter within the board’s discretion, and the refusal of the board of such a request, made merely on the ground of convenience, cannot be classed as arbitrary or unreasonable. Wheat v. Adair County Board of Education, 460 S.W.2d 806, 1970 Ky. LEXIS 589 ( Ky. 1970 ) (decision under former KRS 158.130 , now repealed).

5. Pleadings.

Where petitioners were closer to a neighboring county school than to a school in their own county, allegations of inconvenience did not state a claim on which relief could be granted against the board of education. Wheat v. Adair County Board of Education, 460 S.W.2d 806, 1970 Ky. LEXIS 589 ( Ky. 1970 ) (decision under former KRS 158.130 , now repealed).

Opinions of Attorney General.

A child living with its guardian within the county school district would be “residing” in the district within the meaning of the statutes and would be eligible to attend the county schools without the payment of tuition. OAG 66-550 .

A county board of education has legal authority to refuse the admission of nonresident children to its schools, but the board would be prohibited from arbitrarily extending school attendance privileges to some nonresident children while denying the same privilege to others. OAG 66-550 .

Without a showing that the circumstances differ, the exemption of certain nonresidents without the exemption of all would be arbitrary and illegal. OAG 67-48 .

Where the construction of a lake separates a portion of a school district from the remainder of the district and would require high school students in the separated portion to travel 65 miles to attend the district high school, the school is not reasonably accessible to the students and, under this section, it is the obligation of the board of education of the divided district to pay the tuition of those students at the high school of a more readily accessible district. OAG 67-276 .

Where children residing on federal property attend schools operated and financed by the federal government, if the property in the federally-owned areas were subject to local ad valorem taxation by the school districts, and if the responsibility for educating children residing in these areas was transferred to the local school districts, then those resident children could properly and lawfully be included in the computation of state minimum foundation program fund allocations. OAG 68-50 .

A school district which grants nonresident pupils the privilege of attending its school for which tuition is charged, is not compelled to furnish transportation to such nonresident students. OAG 69-140 .

The duty of the school district to provide transportation under KRS 158.110 extends only to children of elementary grades who reside within its district. OAG 69-140 .

Under this section and KRS 158.130 (now repealed), the school district in which a parent resides is not required to pay tuition for the children of such parent to attend school in another district where the school district of the parent’s residence has provided educational facilities and the children would be sent to another school district merely because of the personal preference of the parent. OAG 72-271 .

A school district is required to admit for enrollment, tuition free, a child living with the child’s custodian declared by court order or other legal process who resides in the school district, irrespective of whether the court order is one for temporary custody or one for permanent custody. OAG 78-64 .

If a child who is not residing with his legal custodian is not residing in a particular school district primarily for school purposes, tuition generally would not be chargeable but the matter of free tuition must be decided by the school board on a case by case basis. OAG 78-64 .

A child is entitled to go to school, tuition free, in the school district in which the guardian is a resident. OAG 78-64 .

A child who has reached his eighteenth birthday is entitled to attend school without payment of tuition in the school district in which he actually resides. OAG 78-64 .

It is truly in the discretion of the local board of education to establish a reasonable tuition fee for nonresident students; however, the better practice would be for a local board to attempt to establish a tuition fee sufficient to defray any reasonably calculated per capita costs not funded through the state foundation program funds for educating a nonresident child. OAG 78-265 .

Although a county school district and an independent school district can establish a policy concerning the times when a student could transfer from one school district to another, they could not prevent a student from returning to attend the schools in the district in which he resides. OAG 80-47 .

Research References and Practice Aids

Cross-References.

Special education program in district other than that of child’s residence, KRS 157.280 .

158.130. Pupils sent to other districts. [Repealed.]

Compiler’s Notes.

This section (4399-52) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.135. Reimbursement for school services for state agency children in state institution or day treatment center or in custody of Department of Juvenile Justice.

  1. As used in this section, unless the context otherwise requires:
    1. “State agency children” means:
        1. Those children of school age committed to or in custody of the Cabinet for Health and Family Services and placed, or financed by the cabinet, in a Cabinet for Health and Family Services operated or contracted institution, treatment center, facility, including those for therapeutic foster care and excluding those for nontherapeutic foster care; or 1. a. Those children of school age committed to or in custody of the Cabinet for Health and Family Services and placed, or financed by the cabinet, in a Cabinet for Health and Family Services operated or contracted institution, treatment center, facility, including those for therapeutic foster care and excluding those for nontherapeutic foster care; or
        2. Those children placed or financed by the Cabinet for Health and Family Services in a private facility pursuant to child care agreements including those for therapeutic foster care and excluding those for nontherapeutic foster care;
      1. Those children of school age in home and community-based services provided as an alternative to intermediate care facility services for the intellectually disabled;
      2. Those children committed to or in custody of the Department of Juvenile Justice and placed in a department operated or contracted facility or program; and
      3. Those children referred by a family accountability, intervention, and response team as described in KRS 605.035 and admitted to a Department of Juvenile Justice operated or contracted day treatment program;
    2. “Current costs and expenses” means all expenditures, other than for capital outlay and debt service, which are in excess of the amount generated by state agency children under the Support Education Excellence in Kentucky funding formula pursuant to KRS 157.360 . These expenditures are necessary to provide a two hundred thirty (230) day school year, smaller teacher pupil ratio, related services if identified on an individual educational plan, and more intensive educational programming; and
    3. “Therapeutic foster care” means a remedial care program for troubled children and youth that is in the least restrictive environment where the foster parent is trained to implement planned, remedial supervision and care leading to positive changes in the child’s behavior. Children served in this placement have serious emotional problems and meet one (1) or more of the following criteria:
      1. Imminent release from a treatment facility;
      2. Aggressive or destructive behavior;
      3. At risk of being placed in more restrictive settings, including institutionalization; or
      4. Numerous placement failures.
    1. Unless otherwise provided by the General Assembly in a budget bill, any county or independent school district that provides elementary or secondary school services to state agency children shall be reimbursed through a contract with the Kentucky Educational Collaborative for State Agency Children. The school services furnished to state agency children shall be equal to those furnished to other school children of the district. (2) (a) Unless otherwise provided by the General Assembly in a budget bill, any county or independent school district that provides elementary or secondary school services to state agency children shall be reimbursed through a contract with the Kentucky Educational Collaborative for State Agency Children. The school services furnished to state agency children shall be equal to those furnished to other school children of the district.
    2. The Department of Education shall, to the extent possible within existing appropriations, set aside an amount of the state agency children funds designated by the General Assembly in the biennial budget to reimburse a school district for its expenditures exceeding twenty percent (20%) of the total amount received from state and federal sources to serve a state agency child.
  2. The General Assembly shall, if possible, increase funding for the education programs for state agency children by a percentage increase equal to that provided in the biennial budget for the base funding level for each pupil in the program to support education excellence in Kentucky under KRS 157.360 and, if applicable, by an amount necessary to address increases in the number of state agency children being served.
  3. The Kentucky Educational Collaborative for State Agency Children shall make to the chief state school officer the reports required concerning school services for state agency children, and shall file with the Cabinet for Health and Family Services unit operating or regulating the institution or day treatment center, or contracting for services, in which the children are located a copy of the annual report made to the chief state school officer.
  4. The Cabinet for Health and Family Services shall contract with a university-affiliated training resource center utilizing all funds generated by the children in state agency programs, except Oakwood and Hazelwood funds, and the funds in the Kentucky Department of Education budget, pursuant to this section, as well as any other educational funds for which all Kentucky children are entitled. The total of these funds shall be utilized to provide educational services through the Kentucky Educational Collaborative for State Agency Children established in KRS 605.110 .
  5. Notwithstanding the provisions of any other statute, the Kentucky Educational Collaborative for State Agency Children shall operate a two hundred thirty (230) day school program.

HISTORY: Enact. Acts 1952, ch. 88, §§ 1 to 4; 1958, ch. 126, § 19; 1976, ch. 126, § 1; 1978, ch. 150, § 2, effective June 17, 1978; 1984, ch. 316, § 7, effective July 13, 1984; 1984, ch. 410, § 12, effective July 13, 1984; 1990, ch. 476, Pt. IV, § 203, effective July 13, 1990; 1992, ch. 357, § 1, effective July 1, 1993; 1994, ch. 376, § 2, effective July 15, 1994; 1996, ch. 358, § 65, effective July 1, 1997; 1998, ch. 426, § 115, effective July 15, 1998; 1998, ch. 433, § 1, effective July 15, 1998; 1998, ch. 538, § 1, effective April 13, 1998; 2005, ch. 99, § 132, effective June 20, 2005; 2010, ch. 141, § 7, effective July 15, 2010; 2018 ch. 56, § 1, effective July 14, 2018.

158.137. Educational passports for state agency children.

  1. As used in this section:
    1. “State agency child” or “state agency children” means “state agency children” defined in KRS 158.135 ;
    2. “School or educational facility” means any public school, private school, day treatment center, or any other public or private entity that provides educational services to state agency children; and
    3. “Educational passport” means a standard form completed by a school or educational facility which a state agency child is leaving which provides a receiving school or facility with basic demographic and academic information about the state agency child.
  2. When the placement of a state agency child is changed and the state agency child must transfer from one school or educational facility to a different school or educational facility, the school or educational facility that the state agency child is leaving shall, within two (2) days of the state agency child leaving, prepare an educational passport for the child, which shall be delivered to the Cabinet for Health and Family Services or the Department of Juvenile Justice. The Cabinet for Health and Family Services or the Department of Juvenile Justice shall, within two (2) days of enrolling a state agency child in a new school or educational facility, present the educational passport to the receiving school or educational facility.
  3. A standard educational passport form shall be developed by the Kentucky Department of Education in consultation with the Cabinet for Health and Family Services and the Department of Juvenile Justice. The Kentucky Department of Education shall make the form available to all schools or educational facilities serving state agency children.

History. Enact. Acts 1998, ch. 398, § 1, effective July 15, 1998; 2005, ch. 99, § 133, effective June 20, 2005.

158.140. Admission to high school — Promotion — Classification — High school diploma — Alternative high school diploma — Academy diploma — Posthumous diploma — Diploma for certain honorably discharged veterans — Vocational certificate of completion.

  1. When a pupil in any public elementary school or any approved private or parochial school completes the prescribed elementary program of studies, he or she is entitled to a certificate of completion signed by the teacher or teachers under whom the program was completed. The certificate shall entitle the pupil to admission into any public high school. Any promotions or credits earned in attendance in any approved public school are valid in any other public school to which a pupil may go, but the superintendent or principal of a school, as the case may be, may assign the pupil to the class or grade to which the pupil is best suited. In case a pupil transfers from the school of one (1) district to the school of another district, an assignment to a lower grade or course shall not be made until the pupil has demonstrated that he or she is not suited for the work in the grade or course to which he or she has been promoted.
  2. Upon successful completion of all state and local board requirements, the student shall receive:
    1. A diploma indicating graduation from high school; or
    2. An alternative high school diploma if the student has a disability and has completed a modified curriculum and an individualized course of study pursuant to requirements established by the Kentucky Board of Education in accordance with KRS 156.160 .
    1. The Gatton Academy of Mathematics and Science in Kentucky, located at Western Kentucky University, and the Craft Academy for Excellence in Science and Mathematics, located at Morehead State University, may award a diploma to any student who completes his or her high school program at the respective academy. If the academy issues a diploma, the board of regents of the host university shall provide to the commissioner of education a letter of assurance that the program of study completed by its students, in combination with previously earned secondary credits, meets the minimum high school graduation requirements established by the Kentucky Board of Education under KRS 156.160(1)(d). (3) (a) The Gatton Academy of Mathematics and Science in Kentucky, located at Western Kentucky University, and the Craft Academy for Excellence in Science and Mathematics, located at Morehead State University, may award a diploma to any student who completes his or her high school program at the respective academy. If the academy issues a diploma, the board of regents of the host university shall provide to the commissioner of education a letter of assurance that the program of study completed by its students, in combination with previously earned secondary credits, meets the minimum high school graduation requirements established by the Kentucky Board of Education under KRS 156.160(1)(d).
    2. A local school district may award a joint diploma with the Gatton Academy of Mathematics and Science in Kentucky or the Craft Academy for Excellence in Science and Mathematics to any student who was enrolled in a district high school and completed his or her high school program at the respective academy.
    3. The respective academy and the home school district shall ensure that student transcripts from each institution accurately reflect the dual credit coursework.
  3. A local school board may award a diploma indicating graduation from high school to any student posthumously with the high school class the student was expected to graduate.
    1. A local board of education shall award an authentic high school diploma to an honorably discharged veteran who did not complete high school prior to being inducted into the United States Armed Forces during: (5) (a) A local board of education shall award an authentic high school diploma to an honorably discharged veteran who did not complete high school prior to being inducted into the United States Armed Forces during:
      1. World War II, as defined in KRS 40.010 ;
      2. The Korean conflict, as defined in KRS 40.010 ; or
      3. The Vietnam War. As used in this paragraph, “Vietnam War” means the period beginning August 5, 1964, and ending May 7, 1975. However, for a member of the United States Armed Forces serving in Vietnam prior to August 5, 1964, the period shall begin February 28, 1961.
    2. Upon recommendation of the commissioner, the Kentucky Board of Education in consultation with the Kentucky Department of Veterans’ Affairs shall promulgate administrative regulations to establish the guidelines for awarding the authentic diplomas referred to in paragraph (a) of this subsection.
  4. Any high school graduation requirements adopted by a local board shall not include achieving a minimum score on a statewide assessment administered under KRS 158.6453 .
  5. The Department of Education shall establish the requirements for a vocational certificate of completion. A student who has returned to school after dropping out shall receive counseling concerning the vocational program. A student who has completed the requirements established for a vocational program shall receive a vocational certificate of completion specifying the areas of competence.

History. 4363-5; Acts 1984, ch. 224, § 1, effective July 13, 1984; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 400, effective July 13, 1990; 1998, ch. 598, § 10, effective April 14, 1998; 2002, ch. 121, § 1, effective July 15, 2002; 2004, ch. 97, § 1, effective July 13, 2004; 2005, ch. 53, § 1, effective June 20, 2005; 2005, ch. 54, § 1, effective June 20, 2005; 2008, ch. 134, § 26, effective July 15, 2008; 2012, ch. 27, § 2, effective July 12, 2012; 2015 ch. 15, § 1, effective June 24, 2015; 2020 ch. 112, § 4, effective July 15, 2020.

Compiler’s Notes.

This section (4363-5; amend. Acts 1984, ch. 224, § 1, effective July 13, 1984) was repealed and reenacted by Acts 1976, ch. 476, Pt. V, § 400, effective July 13, 1990.

Legislative Research Commission Note.

(7/15/2008). A reference to “KRS 156.160(1)(c)” in subsection (3)(a) of this statute, as amended by 2008 Ky. Acts ch. 134, sec. 26, has been changed in codification to “KRS 156.160(1)(d)” by the Reviser of Statutes under the authority of KRS 7.136(1) to reflect the insertion of a new paragraph in KRS 156.160(1) and change in the designation of succeeding paragraphs in 2008 Ky. Acts ch. 92, sec. 1.

Opinions of Attorney General.

Retention and promotion of pupils is entirely a matter of local board of education policy and not a matter for control by parents. Parents do not have a right to demand that a child be retained at a particular grade level for any reason, and especially not for athletic purposes. OAG 82-473 .

Where a child attends no kindergarten program, either public or nonpublic, before July 1, 1986, but upon attaining six (6) years of age he enrolls in a nonpublic school first grade, and such child subsequently is presented for enrollment in a public common school for the second or a subsequent grade, the child would be entitled to so enroll subject to the usual application of the provisions of this section. OAG 85-55 .

158.141. Passing grade on civics test required for high school graduation.

  1. Beginning on July 1, 2018, to graduate from a Kentucky public high school with a regular diploma, a student shall pass a civics test composed of one hundred (100) questions drawn from those that are set forth within the civics test administered by the United States Citizenship and Immigration Services to persons seeking to become naturalized citizens.
  2. A local board of education shall prepare or approve a test composed of the questions described in subsection (1) of this section and shall disseminate the test to all public high schools of the district. The test shall be administered by the public high schools in each district.
  3. A public high school shall provide each student with the opportunity to take the test as many times as necessary for the student to pass the test. A student shall not receive a regular high school diploma until the student passes the test.
  4. A student passes the test if at least sixty percent (60%) of the questions are answered correctly.
  5. A student who has passed a similar test within the previous five (5) years shall not be required to take the test under this section.
  6. Provisions of this section shall be subject to the requirements and accommodations of a student’s individualized education program as defined in KRS 158.281 or a Section 504 Plan as defined in KRS 156.027 .

HISTORY: 2017 ch. 109, § 1, effective June 29, 2017.

158.1411. Successful completion of course or program on financial literacy required for high school graduation — Establishment of academic standards, curricula, and guidelines for financial literacy.

  1. Beginning with the entering ninth grade class of the 2020-2021 school year and each year thereafter, successful completion of one (1) or more courses or programs that meet the financial literacy standards shall be a Kentucky public high school graduation requirement. The graduation requirement shall also apply to a student pursuing an early graduation program, as established in KRS 158.142 .
  2. In accordance with KRS 156.160 , the Kentucky Board of Education shall promulgate administrative regulations establishing academic standards and a graduation requirement for financial literacy.
  3. The local school-based decision making council, or principal if no council exists, of each high school shall determine curricula for course offerings, programs, or a combination of course offerings and programs that are aligned with the financial literacy academic standards promulgated by the Kentucky Board of Education.
  4. The Department of Education shall develop financial literacy guidelines that provide direction to local schools in developing and implementing the financial literacy standards.

HISTORY: 2018 ch. 81, § 1, effective July 14, 2018.

158.1413. Essential workplace ethics instruction program — Required characteristics — Required biennial collaboration — Symbol of attainment of essential workplace ethics indicators — Biennial reporting on program.

  1. Beginning with the 2019-2020  school year, each school district shall implement essential workplace  ethics programs that promote characteristics that are critical to  success in the workplace. Each student in elementary, middle, and  high school shall receive essential workplace ethics instruction that  shall include but not be limited to:
    1. Adaptability, including  an openness to learning and problem solving, an ability to embrace  new ways of doing things, and a capability for critical thinking;
    2. Diligence, including seeing a task  through to completion;
    3. Initiative, including taking appropriate  action when needed without waiting for direct instruction;
    4. Knowledge, including exhibiting an  understanding of work-related information, the ability to apply that  understanding to a job, and effectively explain the concepts to colleagues  in reading, writing, mathematics, science, and technology as required  by the job;
    5. Reliability, including showing up on time, wearing appropriate attire, self-control, motivation, and ethical behavior;
    6. Remaining drug-free; and
    7. Working well with others, including  effective communication skills, respect for different points of view  and diversity of coworkers, the ability to cooperate and collaborate,  enthusiasm, and the ability to provide appropriate leadership to or  support for colleagues.
    1. A school district shall use the essential  workplace ethics characteristics listed in subsection (1) of this  section when creating a program or when choosing an existing program. (2) (a) A school district shall use the essential  workplace ethics characteristics listed in subsection (1) of this  section when creating a program or when choosing an existing program.
    2. Each school district’s local  workforce investment board, in conjunction with local economic development  organizations from its state regional sector, and other economic,  workforce, or industry organizations the workforce investment board  deems necessary, shall recommend to the school district best practices  which may be used by schools to implement an essential workplace ethics  program.
  2. By January 1, 2019, and every two (2)  years thereafter, each local school board shall collaborate with the  local workforce investment board, in conjunction with local economic  development organizations from its state regional sector, and other  economic, workforce, or industry organizations the workforce investment  board deems necessary, to establish essential workplace ethics indicators  for middle and high school students that are aligned with the essential  workplace ethics characteristics listed in subsection (1) of this  section.
  3. Each local school board shall design  and adopt a diploma seal, certificate, card, or other identifiable  symbol to award students deemed as having minimally demonstrated attainment  of the local board’s essential workplace ethics indicators.
  4. By September 1, 2019, and every two  (2) years thereafter, the superintendent of each school district shall  provide to the commissioner of education and the Kentucky Workforce  Innovation Board a report, in a format specified by the commissioner,  describing the school district’s essential workplace ethics  programs and how they are being implemented at each school. A summary  report compiled by the commissioner that includes information from  all local school district reports shall be provided to the Kentucky  Board of Education, the Interim Joint Committee on Education, the  Kentucky Workforce Innovation Board and each Kentucky superintendent  and principal in order to foster program improvement and the sharing  of best practices.

HISTORY: 2018 ch. 158, § 1, effective July 14, 2018.

158.1415. Curriculum for instruction on human sexuality or sexually transmitted diseases.

If a school council or, if none exists, the principal adopts a curriculum for human sexuality or sexually transmitted diseases, instruction shall include but not be limited to the following content:

  1. Abstinence from sexual  activity is the desirable goal for all school-age children;
  2. Abstinence from sexual  activity is the only certain way to avoid unintended pregnancy, sexually  transmitted diseases, and other associated health problems; and
  3. The best way to avoid sexually transmitted  diseases and other associated health problems is to establish a permanent  mutually faithful monogamous relationship.

HISTORY: 2018 ch. 156, § 1, effective July 14, 2018.

158.142. Early high school graduation program — Requirements — Early Graduation Scholarship Certificate — Award from early graduation scholarship trust fund.

  1. Beginning with the 2014-2015 school year, a public school student may complete an early high school graduation program and qualify for an Early Graduation Scholarship Certificate for use at a Kentucky public two (2) year community and technical college or a Kentucky four (4) year public or nonprofit, independent institution that is accredited by the Southern Association of Colleges and Schools, if conditions specified in this section are met.
  2. Each student desiring to complete an early graduation program shall indicate to the secondary school principal his or her intent prior to the beginning of grade nine (9) or as soon thereafter as the intent is known. The intent shall be indicated on a form provided by the Kentucky Department of Education and signed by the parent.
  3. For early graduation in accordance with this section, a student shall:
    1. Obtain a qualifying benchmark score as determined by the Kentucky Board of Education on each of the end-of-course examinations that make up the high school achievement portion of the accountability system under KRS 158.6453 ;
    2. Successfully complete the requirements for early high school graduation as established in administrative regulation by the Kentucky Board of Education; and
    3. Score on the ACT examination at or above the benchmarks set by the Council on Postsecondary Education for mathematics, reading, and English and any additional content areas for which the Council on Postsecondary Education establishes benchmarks.
  4. The Kentucky Board of Education or a local board of education shall not impose graduation requirements that would prohibit a student who is pursuing an early graduation program as described in this section from finishing high school in less than four (4) years.
  5. Students pursuing early graduation may take two (2) high school English courses in an academic year.
  6. Students pursuing early graduation may complete selected courses at the middle school level. Each school district is encouraged to provide access to all middle school students to English I and Algebra I courses for high school credit. Access may be provided by each middle school offering the course on-site or by the district providing transportation for students to a central location within the district, to a neighboring school within the district, or to a neighboring school district. The district may also provide access for the student to take these courses online based on the local board of education policy.
    1. In addition to the regular high school diploma, a student who completes a program of study that meets the requirements of subsection (3) of this section shall receive an Early Graduation Scholarship Certificate signed by the high school principal and district superintendent. (7) (a) In addition to the regular high school diploma, a student who completes a program of study that meets the requirements of subsection (3) of this section shall receive an Early Graduation Scholarship Certificate signed by the high school principal and district superintendent.
    2. A student who earns an Early Graduation Scholarship Certificate shall be eligible for a scholarship award to be used at an institution described in subsection (1) of this section. The award amount shall be equal to one-half (1/2) of the state portion of the average statewide per pupil guaranteed base funding level as described in KRS 157.360 for the year in which the student graduates.
    3. The student shall be eligible for the scholarship award only for the next academic year following early graduation.
    4. Each public high school shall report all Early Graduation Scholarship Certificate recipients by July 1 for the previous academic year to the Kentucky Higher Education Assistance Authority.
    5. Each postsecondary institution described in subsection (1) of this section shall notify the Kentucky Higher Education Assistance Authority of students with an Early Graduation Scholarship Certificate who enroll in the institution. The authority shall disburse the award amount described in paragraph (b) of this subsection from the early graduation trust fund established by KRS 164.7892 .

History. Enact. Acts 2013, ch. 104, § 1, effective June 25, 2013.

158.143. Eligibility of state agency child to seek high school equivalency diploma.

  1. Notwithstanding any other statute to the contrary, a state agency child, as defined in KRS 158.135(1), who is at least seventeen (17) years of age shall be eligible to seek attainment of a high school equivalency diploma.
  2. Nothing in this section shall be construed to exempt a student who has attained a high school equivalency diploma from the compulsory attendance requirements of KRS 159.010 .

HISTORY: 2017 ch. 170, § 1, effective June 29, 2017.

158.144. Adult caregiver with whom minor student resides may, by affidavit, establish authority to make school-related decisions for minor student — Conditions — Caretaker’s decision may be superseded — Obligations and liability of person relying on affidavit of authority — Revocation of affidavit — Statute subordinate to federal law — Penalty.

  1. As used in this section, “caregiver” has the same meaning as provided in KRS 405.024(1).
    1. A caregiver may be authorized to make school-related decisions for a minor residing in the caregiver’s home, including but not limited to decisions concerning enrollment, attendance, extracurricular activities, discipline, special education and related services, and other school-related activities, if the caregiver presents to the school a duly executed affidavit as described in KRS 405.024(2). (2) (a) A caregiver may be authorized to make school-related decisions for a minor residing in the caregiver’s home, including but not limited to decisions concerning enrollment, attendance, extracurricular activities, discipline, special education and related services, and other school-related activities, if the caregiver presents to the school a duly executed affidavit as described in KRS 405.024(2).
    2. A school shall honor a caregiver’s authority to make school-related decisions for a minor residing in the caregiver’s home if the caregiver presents the school with a duly executed affidavit as described in KRS 405.024(2). The affidavit shall be valid in the school district in which the caregiver resides, but a school official charged with the responsibility of enrolling a minor shall not honor the affidavit if the official has reasonable grounds to believe that the affidavit is presented solely for the purpose of enrolling the minor in a school for the purpose of:
      1. Access to athletics programs; or
      2. Circumventing the school assignment, attendance, or boundaries policies of the school district to gain access to curricula, services, or programs unique to a particular school and not offered at other schools the minor would be eligible to attend.
  2. A school-related decision made by a caregiver under the affidavit described in KRS 405.024(2) shall be superseded by a decision of a parent, de facto custodian as defined in KRS 403.270 , guardian, or legal custodian of the minor. A school official shall refuse to honor a caregiver’s decision if he or she has actual knowledge that a parent, de facto custodian as defined in KRS 403.270 , guardian, or legal custodian has made a school-related decision superseding the decision of a caregiver.
  3. A person who relies in good faith on a duly executed affidavit as described in KRS 405.024(2) shall be under no obligation to undertake further investigation into the circumstances forming the basis of the caregiver’s authority to make school-related decisions for the minor to whom the affidavit applies.
  4. A person who relies in good faith on a duly executed affidavit as described in KRS 405.024(2) in honoring a school-related decision of a caregiver shall not be subject to criminal or civil liability because of that reliance.
  5. An affidavit described in KRS 405.024(2) be revoked by the minor’s parent, de facto custodian, guardian, legal custodian, or caregiver, and shall be revoked if the minor to whom it applies ceases to reside with the caregiver. If an affidavit is revoked, the caregiver shall give written notice of revocation to any school to which the affidavit was presented for the purposes of enrolling the minor and establishing the caregiver’s authority to make school-related decisions for the minor.
  6. The provisions of this section shall not supersede the provisions of:
    1. The Individuals with Disabilities Education Act, 20 U.S.C. secs. 1400 et seq., and its accompanying regulations at 34 C.F.R. pts. 300 et seq.;
    2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. secs. 705(20) and 794 to 794b, and its accompanying regulations at 34 C.F.R. pts. 104 et seq.; and
    3. The Family Educational and Privacy Rights Act, 20 U.S.C. sec. 1232 g, and its accompanying regulations at 34 C.F.R. pts. 99 et seq.
  7. A person who knowingly makes a false statement in an affidavit described in KRS 405.024(2) shall be guilty of a Class A misdemeanor as required under KRS 405.024(11).

History. Enact. Acts 2014, ch. 69, § 3, effective July 15, 2014.

158.145. Legislative findings and declarations on school dropout rate.

  1. The General Assembly hereby finds that:
    1. Little progress has been made in reducing the state’s student dropout rate;
    2. The number of school dropouts in Kentucky is unacceptable;
    3. The factors, such as lack of academic success, poor school attendance, lack of parental support and encouragement, low socioeconomic status, poor health, child abuse, drug and alcohol addictions, alienation from school and community, and other factors that are associated with an increased probability of students dropping out of school, occur long before the end of compulsory school age;
    4. Students who drop out of school before graduation are less likely to have the basic capacities as defined in KRS 158.645 and the skills as defined in KRS 158.645 1;
    5. The number of school dropouts seriously interferes with Kentucky’s ability to develop and maintain a well-educated and highly trained workforce;
    6. The effects of students dropping out of school can be felt throughout all levels of society and generations in increased unemployment and underemployment, reduced personal and family incomes, increased crime, decreased educational, social, emotional, and physical well-being, and in increased needs for government services; and
    7. The positive reduction in school dropouts can only be achieved by comprehensive intervention and prevention strategies.
  2. The General Assembly declares on behalf of the people of the Commonwealth the following goals to be achieved by the year 2006:
    1. The statewide annual average school dropout rate will be cut by fifty percent (50%) of what it was in the year 2000. All students who drop out of a school during a school year and all students who have not graduated, fail to enroll in the school for the following school year, and do not transfer to another school, shall be included in the statewide annual average school dropout rate;
    2. No school will have an annual dropout rate that exceeds five percent (5%); and
    3. Each county will have thirty percent (30%) fewer adults between the ages of sixteen (16) and twenty-four (24) without a high school diploma or a High School Equivalency Diploma than the county had in the year 2000.

HISTORY: Enact. Acts 2000, ch. 452, § 1, effective July 14, 2000; 2004, ch. 103, § 1, effective July 13, 2004; 2017 ch. 156, § 16, effective April 10, 2017; 2017 ch. 63, § 12, effective June 29, 2017.

Legislative Research Commission Note.

(6/29/2017). This statute was amended by 2017 Ky. Acts chs. 63 and 156, which do not appear to be in conflict and have been codified together.

158.146. Establishment of strategy to address school dropout problem — Department to provide technical assistance, award grants, and disseminate information to school districts and school level personnel.

  1. No later than December 30, 2000, the Kentucky Department of Education shall establish and implement a comprehensive statewide strategy to provide assistance to local districts and schools to address the student dropout problem in Kentucky public schools. In the development of the statewide strategy, the department shall engage private and public representatives who have an interest in the discussion. The statewide strategy shall build upon the existing programs and initiatives that have proven successful. The department shall also take into consideration the following:
    1. Analyses of annual district and school dropout data as submitted under KRS 158.148 and 158.6453 ;
    2. State and federal resources and programs, including, but not limited to, extended school services; early learning centers; family resource and youth service centers; alternative education services; preschool; service learning; drug and alcohol prevention programs; School-to-Careers; High Schools that Work; school safety grants; and other relevant programs and services that could be used in a multidimensional strategy;
    3. Comprehensive student programs and services that include, but are not limited to, identification, counseling, mentoring, and other educational strategies for elementary, middle, and high school students who are demonstrating little or no success in school, who have poor school attendance, or who possess other risk factors that contribute to the likelihood of their dropping out of school; and
    4. Evaluation procedures to measure progress within school districts, schools, and statewide.
  2. No state or federal funds for adult education and literacy, including but not limited to funds appropriated under KRS 151B.409 or 20 U.S.C. secs. 9201 et seq., shall be used to pay for a high school student enrolled in an alternative program operated or contracted by a school district leading to a certificate of completion or a High School Equivalency Diploma.
  3. The department, with assistance from appropriate agencies, shall provide technical assistance to districts requesting assistance with dropout prevention strategies and the development of district and schoolwide plans.
  4. The department shall award grants to local school districts for dropout prevention programs based upon available appropriations from the General Assembly and in compliance with administrative regulations promulgated by the Kentucky Board of Education for this purpose. Seventy-five percent (75%) of the available dropout funds shall be directed to services for at-risk elementary and middle school students, including, but not limited to, identification, counseling, home visitations, parental training, and other strategies to improve school attendance, school achievement, and to minimize at-risk factors. Twenty-five percent (25%) of the funds shall be directed to services for high school students identified as likely to drop out of school, including, but not limited to, counseling, tutoring, extra instructional support, alternative programming, and other appropriate strategies. Priority for grants shall be awarded to districts that average, over a three (3) year period, an annual dropout rate exceeding five percent (5%).
  5. The department shall disseminate information on best practices in dropout prevention in order to advance the knowledge for district and school level personnel to address the dropout problem effectively.

History. Enact. Acts 2000, ch. 452, § 2, effective July 14, 2000; 2004, ch. 103, § 3, effective July 13, 2004; 2017 ch. 63, § 13, effective June 29, 2017; 2019 ch. 146, § 27, effective June 27, 2019.

158.148. Definition of “bullying” — discipline guidelines and model policy — Local code of acceptable behavior and discipline — Required contents of code.

    1. As used in this section, “bullying” means any unwanted verbal, physical, or social behavior among students that involves a real or perceived power imbalance and is repeated or has the potential to be repeated: (1) (a) As used in this section, “bullying” means any unwanted verbal, physical, or social behavior among students that involves a real or perceived power imbalance and is repeated or has the potential to be repeated:
      1. That occurs on school premises, on school-sponsored transportation, or at a school-sponsored event; or
      2. That disrupts the education process.
    2. This definition shall not be interpreted to prohibit civil exchange of opinions or debate or cultural practices protected under the state or federal Constitution where the opinion expressed does not otherwise materially or substantially disrupt the education process.
  1. In cooperation with the Kentucky Education Association, the Kentucky School Boards Association, the Kentucky Association of School Administrators, the Kentucky Association of Professional Educators, the Kentucky Association of School Superintendents, the Parent-Teachers Association, the Kentucky Chamber of Commerce, the Farm Bureau, members of the Interim Joint Committee on Education, and other interested groups, and in collaboration with the Center for School Safety, the Department of Education shall develop or update as needed and distribute to all districts by August 31 of each even-numbered year, beginning August 31, 2008:
    1. Statewide student discipline guidelines to ensure safe schools, including the definition of serious incident for the reporting purposes as identified in KRS 158.444 ;
    2. Recommendations designed to improve the learning environment and school climate, parental and community involvement in the schools, and student achievement; and
    3. A model policy to implement the provisions of this section and KRS 158.156 , 158.444 , 525.070 , and 525.080 .
  2. The department shall obtain statewide data on major discipline problems and reasons why students drop out of school. In addition, the department, in collaboration with the Center for School Safety, shall identify successful strategies currently being used in programs in Kentucky and in other states and shall incorporate those strategies into the statewide guidelines and the recommendations under subsection (2) of this section.
  3. Copies of the discipline guidelines shall be distributed to all school districts. The statewide guidelines shall contain broad principles and legal requirements to guide local districts in developing their own discipline code and school councils in the selection of discipline and classroom management techniques under KRS 158.154 ; and in the development of the district-wide safety plan.
    1. Each local board of education shall be responsible for formulating a code of acceptable behavior and discipline to apply to the students in each school operated by the board. The code shall be updated no less frequently than every two (2) years, with the first update being completed by November 30, 2008. (5) (a) Each local board of education shall be responsible for formulating a code of acceptable behavior and discipline to apply to the students in each school operated by the board. The code shall be updated no less frequently than every two (2) years, with the first update being completed by November 30, 2008.
    2. The superintendent, or designee, shall be responsible for overall implementation and supervision, and each school principal shall be responsible for administration and implementation within each school. Each school council shall select and implement the appropriate discipline and classroom management techniques necessary to carry out the code. The board shall establish a process for a two-way communication system for teachers and other employees to notify a principal, supervisor, or other administrator of an existing emergency.
    3. The code shall prohibit bullying.
    4. The code shall contain the type of behavior expected from each student, the consequences of failure to obey the standards, and the importance of the standards to the maintenance of a safe learning environment where orderly learning is possible and encouraged.
    5. The code shall contain:
      1. Procedures for identifying, documenting, and reporting incidents of bullying, incidents of violations of the code, and incidents for which reporting is required under KRS 158.156 ;
      2. Procedures for investigating and responding to a complaint or a report of bullying or a violation of the code, or of an incident for which reporting is required under KRS 158.156 , including reporting incidents to the parents, legal guardians, or other persons exercising custodial control or supervision of the students involved;
      3. A strategy or method of protecting from retaliation a complainant or person reporting an incident of bullying, a violation of the code, or an incident for which reporting is required under KRS 158.156;
      4. A process for informing students, parents, legal guardians, or other persons exercising custodial control or supervision, and school employees of the requirements of the code and the provisions of this section and KRS 158.156, 158.444 , 525.070 , and 525.080 , including training for school employees; and
      5. Information regarding the consequences of bullying and violating the code and violations reportable under KRS 158.154 , 158.156, or 158.444 .
    6. The principal of each school shall apply the code of behavior and discipline uniformly and fairly to each student at the school without partiality or discrimination.
    7. A copy of the code of behavior and discipline adopted by the board of education shall be posted at each school. Guidance counselors shall be provided copies for discussion with students. The code shall be referenced in all school handbooks. All school employees and parents, legal guardians, or other persons exercising custodial control or supervision shall be provided copies of the code.

History. Enact. Acts 1984, ch. 397, § 3, effective July 13, 1984; 1985 (1st Ex. Sess.), ch. 10, § 13, effective October 18, 1985; 1990, ch. 476, Pt. IV, § 204, effective July 13, 1990; 1996, ch. 8, § 1, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 493, § 11, effective April 10, 1998; 2000, ch. 452, § 4, effective July 14, 2000; 2008, ch. 125, § 3, effective July 15, 2008; 2014, ch. 132, § 12, effective July 15, 2014; 2016 ch. 81, § 1, effective July 15, 2016.

Legislative Research Commission Note.

(7/15/2016). In codification, the Reviser of Statutes has altered the internal numbering of subsection (5) of this statute from the way it appeared in 2016 Ky. Acts ch. 81, sec. 1 under the authority of KRS 7.136(1)(a).

NOTES TO DECISIONS

1. No Evidence of Bullying.

In a suit by the estate of the decedent, a 13-year-old eighth-grader who allegedly committed suicide based on being bullied at school, against various teachers and administrators, even though the teachers were not immune from suit, the trial court did not err by granting summary judgment as the estate presented no credible evidence that the decedent was bullied because, the estate never placed in the record the affidavits from the decedent's classmates describing the torment the decedent endured and that the principal was notified of the cruel conduct and teachers turned a blind eye to it; and, without some factual support for the bullying allegations, there was no evidence of the teachers' negligence under the anti-bullying policies. Patton v. Bickford, 2016 Ky. LEXIS 95 (Ky. Mar. 17, 2016), sub. op., 529 S.W.3d 717, 2016 Ky. LEXIS 681 ( Ky. 2016 ), modified, 2017 Ky. LEXIS 302 (Ky. Aug. 24, 2017).

NOTES TO UNPUBLISHED DECISIONS

1. Maintenance of Safe Learning Environment.

Circuit court erred in ruling that two former high school principals were not entitled to qualified official immunity for injuries sustained by a student because the principals were performing their general supervisory duties by making hallway assignments and walking the school's hallways as part of their job requirements and the principals were necessarily required to use their discretion to fill an absent teacher's station where the Student Supervision Schedule did not include a clear directive for the particular situation. Beward v. Whitaker, 2016 Ky. App. Unpub. LEXIS 754 (Ky. Ct. App. May 6, 2016), review denied, ordered not published, 2016 Ky. LEXIS 481 (Ky. Sept. 15, 2016).

Research References and Practice Aids

Kentucky Bench & Bar.

Kirby, School-Based Decision Making, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 15.

158.150. Suspension or expulsion of pupils.

  1. All pupils admitted to the common schools shall comply with the lawful regulations for the government of the schools:
    1. Willful disobedience or defiance of the authority of the teachers or administrators, use of profanity or vulgarity, assault or battery or abuse of other students, the threat of force or violence, the use or possession of alcohol or drugs, stealing or destruction or defacing of school property or personal property of students, the carrying or use of weapons or dangerous instruments, or other incorrigible bad conduct on school property, as well as off school property at school-sponsored activities, constitutes cause for suspension or expulsion from school; and
    2. Assault or battery or abuse of school personnel; stealing or willfully or wantonly defacing, destroying, or damaging the personal property of school personnel on school property, off school property, or at school-sponsored activities constitutes cause for suspension or expulsion from school.
    1. Each local board of education shall adopt a policy requiring the expulsion from school for a period of not less than one (1) year for a student who is determined by the board to have brought a weapon to a school under its jurisdiction. In determining whether a student has brought a weapon to school, a local board of education shall use the definition of “unlawful possession of a weapon on school property” stated in KRS 527.070 . (2) (a) Each local board of education shall adopt a policy requiring the expulsion from school for a period of not less than one (1) year for a student who is determined by the board to have brought a weapon to a school under its jurisdiction. In determining whether a student has brought a weapon to school, a local board of education shall use the definition of “unlawful possession of a weapon on school property” stated in KRS 527.070 .
    2. The board shall also adopt a policy requiring disciplinary actions, up to and including expulsion from school, for a student who is determined by the board to have possessed prescription drugs or controlled substances for the purpose of sale or distribution at a school under the board’s jurisdiction, or to have physically assaulted or battered or abused educational personnel or other students at a school or school function under the board’s jurisdiction. The board may modify the expulsion requirement for students on a case-by-case basis. A board that has expelled a student from the student’s regular school setting shall provide or assure that educational services are provided to the student in an appropriate alternative program or setting, unless the board has made a determination, on the record, supported by clear and convincing evidence, that the expelled student posed a threat to the safety of other students or school staff and could not be placed into a state-funded agency program. Behavior which constitutes a threat shall include but not be limited to the physical assault, battery, or abuse of others; the threat of physical force; being under the influence of drugs or alcohol; the use, possession, sale, or transfer of drugs or alcohol; the carrying, possessing, or transfer of weapons or dangerous instruments; and any other behavior which may endanger the safety of others. Other intervention services as indicated for each student may be provided by the board or by agreement with the appropriate state or community agency. A state agency that provides the service shall be responsible for the cost.
  2. For purposes of this subsection, “charges” means substantiated behavior that falls within the grounds for suspension or expulsion enumerated in subsection (1) of this section, including behavior committed by a student while enrolled in a private or public school, or in a school within another state. A school board may adopt a policy providing that, if a student is suspended or expelled for any reason or faces charges that may lead to suspension or expulsion but withdraws prior to a hearing from any public or private school in this or any other state, the receiving district may review the details of the charges, suspension, or expulsion and determine if the student will be admitted, and if so, what conditions may be imposed upon the admission.
  3. School administrators, teachers, or other school personnel may immediately remove or cause to be removed threatening or violent students from a classroom setting or from the district transportation system pending any further disciplinary action that may occur. Each board of education shall adopt a policy to assure the implementation of this section and to assure the safety of the students and staff.
  4. A pupil shall not be suspended from the common schools until after at least the following due process procedures have been provided:
    1. The pupil has been given oral or written notice of the charge or charges against him which constitute cause for suspension;
    2. The pupil has been given an explanation of the evidence of the charge or charges if the pupil denies them; and
    3. The pupil has been given an opportunity to present his own version of the facts relating to the charge or charges.
  5. The superintendent, principal, assistant principal, or head teacher of any school may suspend a pupil but shall report the action in writing immediately to the superintendent and to the parent, guardian, or other person having legal custody or control of the pupil. The board of education of any school district may expel any pupil for misconduct as defined in subsection (1) of this section, but the action shall not be taken until the parent, guardian, or other person having legal custody or control of the pupil has had an opportunity to have a hearing before the board. The decision of the board shall be final.
    1. Suspension of exceptional children, as defined in KRS 157.200 , shall be considered a change of educational placement if: (7) (a) Suspension of exceptional children, as defined in KRS 157.200 , shall be considered a change of educational placement if:
      1. The child is removed for more than ten (10) consecutive days during a school year; or
      2. The child is subjected to a series of removals that constitute a pattern because the removals accumulate to more than ten (10) school days during a school year and because of other factors, such as the length of each removal, the total amount of time the child is removed, and the proximity of removals to one another.
    2. The admissions and release committee shall meet to review the placement and make a recommendation for continued placement or a change in placement and determine whether regular suspension or expulsion procedures apply. Additional evaluations shall be completed, if necessary.
    3. If the admissions and release committee determines that an exceptional child’s behavior is related to his disability, the child shall not be suspended any further or expelled unless the current placement could result in injury to the child, other children, or the educational personnel, in which case an appropriate alternative placement shall be provided that will provide for the child’s educational needs and will provide a safe learning and teaching environment for all. If the admissions and release committee determines that the behavior is not related to the disability, the local educational agency may pursue its regular suspension or expulsion procedure for the child, if the behavior so warrants. However, educational services shall not be terminated during a period of expulsion and during a suspension after a student is suspended for more than a total of ten (10) days during a school year. A district may seek temporary injunctive relief through the courts if the parent and the other members of the admissions and release committee cannot agree upon a placement and the current placement will likely result in injury to the student or others.
  6. Suspension of primary school students shall be considered only in exceptional cases where there are safety issues for the child or others.
  7. Any action under this section related to students with disabilities shall be in compliance with applicable federal law.

These due process procedures shall precede any suspension from the common schools unless immediate suspension is essential to protect persons or property or to avoid disruption of the ongoing academic process. In such cases, the due process procedures outlined above shall follow the suspension as soon as practicable, but no later than three (3) school days after the suspension.

History. 4363-9; Acts 1978, ch. 271, § 1, effective June 17, 1978; 1982, ch. 12, § 1, effective July 15, 1982; 1986, ch. 255, § 2, effective July 15, 1986; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 401, effective July 13, 1990; 1992, ch. 378, § 1, effective July 14, 1992; 1996, ch. 51, § 1, effective July 15, 1996; 1998, ch. 493, § 12, effective April 10, 1998; 2001, ch. 95, § 1, effective June 21, 2001; 2006, ch. 139, § 1, effective July 12, 2006.

Compiler’s Notes.

This section (4363-9; amend. Acts 1978, ch. 271, § 1, effective June 17, 1978; 1982, ch. 12, § 1, effective July 15, 1982; 1986, ch. 255, § 2, effective July 15, 1986) was repealed and reenacted as the same section number by Acts 1990, Pt. V, § 401, effective July 13, 1990.

NOTES TO DECISIONS

  1. Regulations.
  2. — Insubordination.
  3. — Vaccination.
  4. — Married Students.
  5. — Alcohol or Drugs.
  6. — — Particular cases.
  7. Refusal to Consent to Search.
  8. Refusal to Participate in Commencement.
  9. Due Process.
1. Regulations.

A pupil could be expelled for violation of rules of a school, and courts would not interfere with such an action unless it was arbitrary or malicious. Board of Education v. Booth, 110 Ky. 807 , 62 S.W. 872, 23 Ky. L. Rptr. 288 , 1901 Ky. LEXIS 140 ( Ky. 1901 ) (decided under prior law).

The superintendent of a school may make reasonable rules for the school, and suspend students for violation thereof. Byrd v. Begley, 262 Ky. 422 , 90 S.W.2d 370, 1936 Ky. LEXIS 37 ( Ky. 1936 ).

A rule requiring students to be in their rooms by a certain hour is reasonable. Byrd v. Begley, 262 Ky. 422 , 90 S.W.2d 370, 1936 Ky. LEXIS 37 ( Ky. 1936 ).

Refusal to obey rule requiring students to be in their rooms by a certain hour constitutes wilful disobedience and defiance. Byrd v. Begley, 262 Ky. 422 , 90 S.W.2d 370, 1936 Ky. LEXIS 37 ( Ky. 1936 ).

This section and KRS 161.180 plainly authorize public schools to make and enforce reasonable regulations for the government of such schools during school hours. Casey County Board of Education v. Luster, 282 S.W.2d 333, 1955 Ky. LEXIS 238 ( Ky. 1955 ).

This statute preempts the right of the school officials to promulgate disciplinary regulations that impose additional punishment for the conduct that results in suspension. Dorsey v. Bale, 521 S.W.2d 76, 1975 Ky. LEXIS 147 ( Ky. 1975 ).

2. — Insubordination.

A suspension for insubordination conditioned upon apology before the students is not unreasonable. Byrd v. Begley, 262 Ky. 422 , 90 S.W.2d 370, 1936 Ky. LEXIS 37 ( Ky. 1936 ).

3. — Vaccination.

This section together with KRS 160.290 and 214.050 (repealed) authorized county board of education to promulgate and enforce its own rules requiring compulsory vaccination of school children or it would enforce such a rule of the county or State Board of Health by excluding from the schools children who were not vaccinated. Mosier v. Barren County Board of Health, 308 Ky. 829 , 215 S.W.2d 967, 1948 Ky. LEXIS 1050 ( Ky. 1948 ).

4. — Married Students.

School board regulation requiring that any student who shall marry shall withdraw from the school, subject to being readmitted after one year if the principal permits it, is unreasonable and arbitrary and for that reason invalid. Board of Education v. Bentley, 383 S.W.2d 677, 1964 Ky. LEXIS 51 ( Ky. 1964 ).

5. — Alcohol or Drugs.

A high school regulation, which provides for mandatory suspension on the first offense for the use of, possession of, or trafficking in drugs or alcoholic beverages on school property or at school functions, does not exceed the authority granted to a school under this section, which allows for either suspension or expulsion for the use or possession of alcoholic beverages or drugs. Clark County Bd. of Education v. Jones, 625 S.W.2d 586, 1981 Ky. App. LEXIS 303 (Ky. Ct. App. 1981).

6. — — Particular cases.

With regard to both observers and participants, school athletic events held at other schools are school-sponsored activities; thus student was properly suspended when he was found to be in possession of alcohol during a basketball tournament in which his school was participating. Pirschel v. Sorrell, 2 F. Supp. 2d 930, 1998 U.S. Dist. LEXIS 5503 (E.D. Ky. 1998 ).

Where student was expelled for remainder of school year under this section for smoking marijuana, the offense was of sufficient gravity so that the discipline imposed was not excessive to the extent of violating the student’s right to substantive due process. Petrey v. Flaugher, 505 F. Supp. 1087, 1981 U.S. Dist. LEXIS 10458 (E.D. Ky. 1981 ).

Where a county board of education automatically expelled several high school students for consuming alcohol on a school-sponsored trip, the trial court’s finding that the board acted arbitrarily was not clearly erroneous, since the record showed that the board had not given consideration to any other factors such as the previous general conduct of the students involved, the probability of a recurring violation, or the possibility of alternative punishment or restrictions. Clark County Bd. of Education v. Jones, 625 S.W.2d 586, 1981 Ky. App. LEXIS 303 (Ky. Ct. App. 1981).

7. Refusal to Consent to Search.

Where freshman high school student, implicated by fellow students in bringing to school firecrackers which were set off during class, refused request of the school administration to search her purse, which request was reasonable under the circumstances, a suspension of five (5) days was not inappropriate. Bahr v. Jenkins, 539 F. Supp. 483, 1982 U.S. Dist. LEXIS 12479 (E.D. Ky. 1982 ).

8. Refusal to Participate in Commencement.

Refusal to take a part assigned in commencement exercises constituted disobedience and was ground for suspension. Cross v. Board of Trustees, 129 Ky. 35 , 110 S.W. 346, 33 Ky. L. Rptr. 472 , 1908 Ky. LEXIS 135 ( Ky. 1908 ) (decided under prior law).

9. Due Process.

Where the principal testified that each of the requirements provided for under subsection (2) of this section were met, and no proof controverted that testimony, the plaintiffs failed to demonstrate that they were denied procedural due process in their five-day suspension from school as a penalty for using alcoholic beverages at a school-sponsored convention. Katchak v. Glasgow Independent School System, 690 F. Supp. 580, 1988 U.S. Dist. LEXIS 10318 (W.D. Ky. 1988 ).

There was no procedural due process violation where principal informed student that he was being suspended for possession of alcohol on school property rather than at a school-sponsored activity off school property, because this did not prevent student from stating his own version of the facts; furthermore, student did not dispute or deny possessing alcohol. Pirschel v. Sorrell, 2 F. Supp. 2d 930, 1998 U.S. Dist. LEXIS 5503 (E.D. Ky. 1998 ).

Even if the provisions of KRS 13B.140(1) and 13B.010(1) were applicable to the actions of a county board of education, the board waived any jurisdictional defect by not objecting until after the Circuit Court and the Court of Appeals decided the issues regarding a student’s expulsion pursuant to KRS 158.150 , for having marijuana and prescription drugs in his car. M.K.J. v. Bourbon County Bd. of Educ., 2008 Ky. App. LEXIS 286 (Ky. Ct. App. Aug. 29, 2008).

Termination of plaintiff student’s out-of-district status during the school year was an expulsion requiring a pre-expulsion hearing under KRS 158.150 , which had not been held, thus, his due-process claim against defendants, a school district and its officials, should have survived summary judgment. G.C. v. Owensboro Pub. Sch., 711 F.3d 623, 2013 FED App. 0078P, 2013 U.S. App. LEXIS 6159 (6th Cir. Ky. 2013 ).

Cited:

Kaelin v. Grubbs, 682 F.2d 595, 1982 U.S. App. LEXIS 17579 (6th Cir. 1982); Trzop v. Centre College, — S.W.3d —, 2000 Ky. App. LEXIS 85 (Ky. Ct. App. 2000).

Opinions of Attorney General.

This section defines the method of enforcing school disciplinary rules and regulations and does not authorize withholding a pupil’s school records at the end of the school year because the pupil has damaged school textbooks and other school property and has not made restitution. OAG 61-315 .

This section is not applicable to a model and practice school conducted by a state college or university pursuant to KRS 164.380 . OAG 70-149 .

A teacher may not lower a student’s academic grades because of misconduct. OAG 72-753 .

An “in school suspension” is a contradiction in terms and not within the disciplinary procedures authorized by this section as a suspended pupil should be barred from the school premises during the period of suspension in order to produce the desired effect upon the pupil, his parents, and the decorum of the school. OAG 73-305 .

This section authorizes expulsion of a child from public school for no longer than the current school year, for it is not the policy of the state to expel a child permanently. OAG 74-165 .

Unexcused absence from school may constitute wilful disobedience. OAG 74-312 .

If the attendance of a pupil over 16 years of age is so poor as to indicate a lack of interest in completing his school courses, the board of education would be justified in expelling him. OAG 74-312 .

A school board regulation providing that a student fails a course after nine (9) absences is invalid since it in effect considers the student to be automatically expelled after the nine (9) absences but does not afford him a hearing or an opportunity to be heard and gives no consideration to the cause of the absences. OAG 75-124 .

KRS chapter 387 pertaining to guardians makes no provision for a guardian “for school purposes only” and therefore the appointment of a guardian “for school purposes only” through trial commissioner’s order was a nullity and the school board was not legally bound to recognize such an order. OAG 75-170 .

Although there is no provision in this section that entitles a student to a hearing prior to a suspension, under the U.S. Constitution, a student may not be withdrawn from the school roll without a notice and hearing by either the superintendent, principal, head teacher or the board of education. OAG 76-735 .

School personnel may not temporarily, by suspension or expulsion, deny a child’s property interest in educational benefits without following rudimentary due process procedures. OAG 77-12 .

Since this section provides that the decision of the board is final, legal action would be maintainable in a court of competent jurisdiction with the test being whether the school personnel had acted arbitrarily or maliciously in expelling a student. OAG 77-12 .

A suspended student, who is compelled to stay at the school building but who is not being afforded any alternative educational program or school counseling, is legally absent from school and may not be counted for purposes of figuring average daily attendance. OAG 77-419 .

School officials have authority to withdraw from any pupil the privilege of participating in out-of-class activities of the school band for misconduct during field trips. OAG 77-427 .

School personnel would not be required to permit a student who has been suspended to do make-up work for class activities and assignments missed during the period of a suspension from school. OAG 77-547 .

A school board attorney, if he is to serve the role as the prosecutor, should limit his advice to the board to explaining the legal obligations the board has in an expulsion hearing before the hearing commences and the school board attorney should at no time advise the board during an expulsion hearing in which he is participating. OAG 78-673 .

Notice consists of two (2) parts, first the student should be made aware of the standard of expected behavior in a school system; and second the student and the student’s parent(s), guardian or legal custodian should receive adequate written notice from the board of education or its designee containing a statement of the specific charges and grounds which, if proven, would justify expulsion. OAG 78-673 .

Only a local board of education, by an official act, can expel a student. OAG 78-673 .

Policies regarding discipline of conduct of pupils should be promulgated to the students through the permissive statute outlining the adoption and promulgation of a code of student rights and responsibilities. OAG 78-673 .

The board should report in writing the decision of the board to the parent(s), guardian or legal custodian, and if the hearing has involved multiple charges, the report should include which charges, if less than all, the board found to be supported by the evidence, and upon which the board made the decision to expel. OAG 78-673 .

The due process hearing of: (1) oral or written notice of the charge or charges, (2) an explanation of the charge or charges, and (3) an opportunity for the pupil to present his own version of the facts is to be followed for all suspensions, irrespective of duration. OAG 78-673 .

The minimum requirements to be followed for a due process hearing prior to expulsion are: (1) notice, (2) legal counsel, (3) impartial hearing, and (4) written notification of the decision, but a criminal type due process hearing is not required nor is a judicial or quasi-judicial trial required. OAG 78-673 .

The procedural due process which must be afforded in an expulsion situation should be greater than that in a suspension situation and the extent and degree of due process to be given in a hearing will increase as the possible penalty affecting constitutionally protected rights becomes greater. OAG 78-673 .

The school board must allow the student to be represented by legal counsel, but the board does not have to provide an attorney if the student and his or her parents choose not to have one, or if an attorney cannot be afforded, and the board need not advise the student or parent that they may retain legal counsel to assist them in preparation of a defense at the expulsion hearing. OAG 78-673 .

The student is entitled to an orderly hearing, either closed or open, as the student desires, at which he must be given full opportunity to give his or her side of the story before the board and to produce either oral testimony or written affidavits of witnesses in his or her behalf, and the opportunity should be given to cross-examine witnesses. OAG 78-673 .

The student is entitled to have consideration of the evidence by an impartial tribunal which means the board members should have shunned prior involvement in the situation, but exposure to evidence prior to the hearing is insufficient in itself to impugn the fairness of the board member at the adversary hearing and there need not be proof of the charges beyond a reasonable doubt nor that there be a unanimous decision of the board. OAG 78-673 .

The written notice should further provide the evidence and the witnesses the school will produce at the hearing and the date, place and time for the hearing should be set forth, which hearing should probably be scheduled to be held no earlier than five (5) days from the day the notice is received or not later than the next regular school board meeting. OAG 78-673 .

There is no time duration spelled out in the Kentucky school law or elsewhere for suspension. OAG 78-673 .

A general search of all lockers for rotting food, missing library books, or overall cleanliness could be, under most circumstances, an administrative search; and, the fact that contraband, stolen articles, controlled drugs, alcoholic beverages, dangerous weapons, or the like, were inadvertently discovered during the administrative search would not void the search and any such unlawful items found could stand as evidence and as a basis for cause in a possible suspension or expulsion hearing. OAG 79-168 .

Even if the primary purpose of a search of an older student is based upon reasonable suspicion and the purpose of the search is for possible school disciplinary action and not criminal prosecution, it must be remembered the “causes” upon which suspension or expulsion may be based are very much with overtones of criminality. OAG 79-168 .

In the situation where a search is conducted by a law enforcement officer with a school officer without consent, without a search warrant, and without any of the case law delineated exceptions existing (e.g., search incident to lawful arrest), the evidence seized would most likely be subject to the exclusionary rule in any criminal action and some case authority would support a conclusion that the evidence seized could also not be used in school disciplinary actions. OAG 79-168 .

In view of the responsibilities of teachers and school administrators and in view of the fact that teachers and administrators are state officers or employees they are within the purview of fourth amendment and Const., § 10 restraint upon activities of the government. OAG 79-168 .

For good cause shown a local board may deny readmission of a nonresident student based upon the student’s prior failure to abide by the board-adopted standards of conduct to which he may be lawfully held. OAG 79-327 .

Once a student is permitted to enroll in a nonresident school for a school year, the law applicable to student conduct and the possibility of suspension and/or expulsion under this section comes into play. OAG 79-327 .

Termination of the privilege of attending a nonresident school during the course of a school year is an expulsion and must be so handled and effected only after a hearing before the “foreign” board of education. OAG 79-327 .

The term “drugs” means controlled substances or illegal drugs. OAG 82-633 .

Pursuant to this section, a school board may adopt a policy establishing as a separate legal cause for suspension or expulsion those practices prohibited by KRS 218A.350 concerning substances that simulate controlled substances. OAG 82-633 .

The power of suspension granted to the superintendent, principal, assistant principal, or head teacher of a school may be carried over to the next school year if the student’s misconduct fell within the prohibited behavior described in this section; in the instance that a hearing cannot be held immediately following willful disobedience of the student, the hearing must be held during the summer vacation in accordance with the appropriate due process procedures. OAG 88-65 (overruling OAG 74-165 ).

The board, in deciding whether a carry-over expulsion is appropriate, should examine whether the student’s behavior was so egregious as to endanger the health and safety of students and staff, and whether continued attendance by the student would be in the best interest of the district in light of the denial of future education for the student. OAG 88-65 (overruling OAG 74-165 ).

Behavior which occurs after a student arrives at home and outside school sponsored activities will not be a basis for school discipline unless the behavior is of a serious violent nature or would directly affect the school’s discipline or the welfare of its students and employees. OAG 91-171 .

A school board may not adopt a plan to deduct points from a student’s final grade for each unexcused absence. Despite the board’s stated intent to act in the best interest of the students, the deduction of five (5) points from a pupil’s final grade is a penalty. Such a penalty, in the guise of an incentive to get children to attend school, is not permissible; providing an opportunity for a student to make up the points does not change this conclusion — it is still an impermissible penalty. OAG 96-28 .

A school board’s decision not to differentiate between excused and unexcused absences was fatal to its policy of withholding promotion to the next level from students for failure to make up absences in excess of an approved number of days. OAG 96-28 .

Research References and Practice Aids

Cross-References.

Teachers and teachers’ aides responsible for conduct of children, KRS 161.180 .

Kentucky Law Journal.

Taylor, With Temperate Rod: Maintaining Academic Order in Secondary Schools, 58 Ky. L.J. 616 (1970).

Kentucky Law Survey, Oberst and Hunt, Administrative and Constitutional Law, 71 Ky. L.J. 417 (1982-83).

158.153. Punishment based on child’s records — Disclosure of records — Cause of action — Districtwide standards of behavior for students participating in extracurricular activities.

  1. Unless the action is taken pursuant to KRS 158.150 , no school, school administrator, teacher, or other school employee shall expel or punish a child based on information contained in a record of an adjudication of delinquency or conviction of an offense received by the school pursuant to KRS 610.345 or from any other source. Nothing in this subsection shall be construed to prohibit a local school board or school official from instituting disciplinary proceedings against any student for violating the discipline policy of the school or school district or taking actions necessary to protect staff and students. Actions to protect staff and students may be taken only after the principal makes a determination that the conduct of the student reflected in the records of the school or obtained by the school from the court indicates a substantial likelihood of an immediate and continuing threat that the student will cause harm to students or staff, and that the restrictions to be ordered represent the least restrictive alternative available and appropriate to remedy the threat, and that the determination and supporting material be documented in the child’s record. The action of the principal, in addition to or in lieu of any other procedure available, may be appealed by the child or the child’s parent or guardian to the superintendent of the school system or to the Circuit Court in the county in which the school is located, and the appealing party may be represented by counsel.
  2. No school, school administrator, teacher, or other school employee who has custody of records received or maintained by the school pursuant to KRS 610.345 or who has received information contained in or relating to a record received by the school pursuant to KRS 610.345 shall disclose the fact of the record’s existence, or any information contained in the record or received from the record to any other person, including but not limited to other teachers, school employees, pupils, or parents other than the pupil, or parents of the pupil who is the subject of the record.
  3. The child and his parent or guardian shall have a civil cause of action against the school board and against any school administrator violating subsection (1) or (2) of this section or divulging information in violation of KRS 610.345 or 610.340 . This civil cause of action shall be in addition to any other criminal or administrative remedy provided by law.
  4. Nothing in this section shall be construed to prohibit a local board of education from establishing districtwide standards of behavior for students who participate in extracurricular and cocurricular activities, including athletics. A school principal may deny or terminate a student’s eligibility to participate in extracurricular or cocurricular activities if the student has violated the local district behavior standards or the council’s criteria for participation, as described in KRS 160.345(2)(i)8. A student’s right to participate in extracurricular or cocurricular activities, including athletics, may be suspended, pending investigation of an allegation that the standards of behavior have been violated.

History. Enact. Acts 1996, ch. 358, § 61, effective July 15, 1996; 1998, ch. 107, § 1, effective July 15, 1998.

Legislative Research Commission Note.

(7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(2), this statute becomes effective July 15, 1996.

158.154. Principal’s duty to report certain acts to local law enforcement agency.

When the principal has a reasonable belief that an act has occurred on school property or at a school-sponsored function involving assault resulting in serious physical injury, a sexual offense, kidnapping, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a controlled substance in violation of the law, or damage to the property, the principal shall immediately report the act to the appropriate local law enforcement agency. For purposes of this section, “school property” means any public school building, bus, public school campus, grounds, recreational area, or athletic field, in the charge of the principal.

History. Enact. Acts 1998, ch. 493, § 13, effective April 10, 1998.

NOTES TO UNPUBLISHED DECISIONS

1. Negligence Per Se.

When school officials were sued regarding a student who bullied a parent's child, the officials could not be held to be negligent per se under Ky. Rev. Stat. Ann. §§ 158.154 or 158.156 because (1) the officials' decision as to whether the requirements of these statutes were invoked involved the use of discretion, so the officials were entitled to qualified official immunity, and (2) the child's injury did not rise to the level addressed by these statutes. Slattery v. J.F., 2015 Ky. App. Unpub. LEXIS 871 (Ky. Ct. App. May 29, 2015), review denied, ordered not published, 2016 Ky. LEXIS 60 (Ky. Feb. 10, 2016).

158.155. Reporting of specified incidents of student conduct — Notation on school records — Report to law enforcement of certain student conduct — Immunity.

  1. If a student has been adjudicated guilty of an offense specified in this subsection or has been expelled from school for an offense specified in this subsection, prior to a student’s admission to any school, the parent, guardian, principal, or other person or agency responsible for a student shall provide to the school a sworn statement or affirmation indicating on a form provided by the Kentucky Board of Education that the student has been adjudicated guilty or expelled from school attendance at a public or private school in this state or another state for homicide, assault, or an offense in violation of state law or school regulations relating to weapons, alcohol, or drugs. The sworn statement or affirmation shall be sent to the receiving school within five (5) working days of the time when the student requests enrollment in the new school.
  2. If any student who has been expelled from attendance at a public or private school in this state for homicide, assault, or an offense in violation of state law or school regulations relating to weapons, alcohol, or drugs requests transfer of his records, those records shall reflect the charges and final disposition of the expulsion proceedings.
  3. If any student who is subject to an expulsion proceeding at a public or private school in this state for homicide, assault, or an offense in violation of state law or school regulations relating to weapons, alcohol, or drugs requests transfer of his records to a new school, the records shall not be transferred until that proceeding has been terminated and shall reflect the charges and any final disposition of the expulsion proceedings.
  4. A person who is an administrator, teacher, or other employee of a public or private school shall promptly make a report to the local police department, sheriff, or the Department of Kentucky State Police, by telephone or otherwise, if:
    1. The person knows or has reasonable cause to believe that conduct has occurred which constitutes:
      1. A misdemeanor or violation offense under the laws of this Commonwealth and relates to:
        1. Carrying, possession, or use of a deadly weapon; or
        2. Use, possession, or sale of controlled substances; or
      2. Any felony offense under the laws of this Commonwealth; and
    2. The conduct occurred on the school premises or within one thousand (1,000) feet of school premises, on a school bus, or at a school-sponsored or sanctioned event.
  5. A person who is an administrator, teacher, supervisor, or other employee of a public or private school who receives information from a student or other person of conduct which is required to be reported under subsection (1) of this section shall report the conduct in the same manner as required by that subsection.
  6. Neither the husband-wife privilege of KRE 504 nor any professional-client privilege, including those set forth in KRE 506 and 507, shall be a ground for refusing to make a report required under this section or for excluding evidence in a judicial proceeding of the making of a report and of the conduct giving rise to the making of a report. However, the attorney-client privilege of KRE 503 and the religious privilege of KRE 505 are grounds for refusing to make a report or for excluding evidence as to the report and the underlying conduct.
  7. Nothing in this section shall be construed as to require self-incrimination.
  8. A person acting upon reasonable cause in the making of a report under this section in good faith shall be immune from any civil or criminal liability that might otherwise be incurred or imposed from:
    1. Making the report; and
    2. Participating in any judicial proceeding that resulted from the report.

History. Enact. Acts 1994, ch. 471, § 1, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 2004, ch. 185, § 2, effective July 13, 2004; 2007, ch. 85, § 167, effective June 26, 2007.

Legislative Research Commission Note.

(7/15/94). A comma has been added after the second use of the word “premises” in paragraph (b) of subsection (4) of this statute. The drafter of 1994 Ky. Acts ch. 471 advises and the context clearly establishes that the omission of this comma in that Act was a manifest clerical or typographical error. See KRS 7.136(1)(h).

Research References and Practice Aids

Kentucky Bench & Bar.

Chenoweth and Chenoweth, Education Law: I’m Going to Beat You Up!: Reporting Student Conduct Under “the Bullying Bill”, Vol. 72, No. 6, November 2008, Ky. Bench & Bar 10.

158.1559. Superintendent of each local school district shall require the principal of each school within the district to provide written notice to all students, parents, and guardians about the provisions of KRS 508.078, and the potential penalties for terroristic threatening — Notice shall be given within ten days of the first instructional day of each school year.

The superintendent of each local school district shall require the principal of each school within the district to provide written notice to all students, parents, and guardians of students within ten (10) days of the first instructional day of each school year of the provisions of KRS 508.078 and potential penalties under KRS 532.060 and 534.030 upon conviction.

HISTORY: 2019 ch. 5, § 22, effective March 11, 2019.

158.156. Reporting of commission of felony KRS Chapter 508 offense against a student — Investigation — Immunity from liability for reporting — Privileges no bar to reporting.

  1. Any employee of a school or a local board of education who knows or has reasonable cause to believe that a school student has been the victim of a violation of any felony offense specified in KRS Chapter 508 committed by another student while on school premises, on school-sponsored transportation, or at a school-sponsored event shall immediately cause an oral or written report to be made to the principal of the school attended by the victim. The principal shall notify the parents, legal guardians, or other persons exercising custodial control or supervision of the student when the student is involved in an incident reportable under this section. The principal shall file with the local school board and the local law enforcement agency or the Department of Kentucky State Police or the county attorney within forty-eight (48) hours of the original report a written report containing:
    1. The names and addresses of the student and his or her parents, legal guardians, or other persons exercising custodial control or supervision;
    2. The student’s age;
    3. The nature and extent of the violation;
    4. The name and address of the student allegedly responsible for the violation; and
    5. Any other information that the principal making the report believes may be helpful in the furtherance of the purpose of this section.
  2. An agency receiving a report under subsection (1) of this section shall investigate the matter referred to it. The school board and school personnel shall participate in the investigation at the request of the agency.
  3. Anyone acting upon reasonable cause in the making of a report required under this section in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or action.
  4. Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for refusing to report under this section or for excluding evidence regarding student harassment in any judicial proceedings resulting from a report pursuant to this section. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding student harassment.

History. Enact. Acts 2008, ch. 125, § 1, effective July 15, 2008.

NOTES TO UNPUBLISHED DECISIONS

1. Negligence Per Se.

When school officials were sued regarding a student who bullied a parent's child, the officials could not be held to be negligent per se under Ky. Rev. Stat. Ann. §§ 158.154 or 158.156 because (1) the officials' decision as to whether the requirements of these statutes were invoked involved the use of discretion, so the officials were entitled to qualified official immunity, and (2) the child's injury did not rise to the level addressed by these statutes. Slattery v. J.F., 2015 Ky. App. Unpub. LEXIS 871 (Ky. Ct. App. May 29, 2015), review denied, ordered not published, 2016 Ky. LEXIS 60 (Ky. Feb. 10, 2016).

Research References and Practice Aids

Kentucky Bench & Bar.

Chenoweth and Chenoweth, Education Law: I’m Going to Beat You Up!: Reporting Student Conduct Under “the Bullying Bill”, Vol. 72, No. 6, November 2008, Ky. Bench & Bar 10.

158.160. Notification to school by parent or guardian of child’s medical condition threatening school safety — Exclusion of child with communicable disease from school — Closing of school during epidemic.

  1. A parent, legal guardian, or other person or agency responsible for a student shall notify the student’s school if the student has any medical condition which is defined by the Cabinet for Health and Family Services in administrative regulation as threatening the safety of the student or others in the school. The notification shall be given as soon as the medical condition becomes known and upon each subsequent enrollment by the student in a school. The principal, guidance counselor, or other school official who has knowledge of the medical condition shall notify the student’s teachers in writing of the nature of the medical condition.
  2. If any student is known or suspected to have or be infected with a communicable disease or condition for which a reasonable probability for transmission exists in a school setting, the superintendent of the district may order the student excluded from school. The time period the student is excluded from school shall be in accordance with generally accepted medical standards which the superintendent shall obtain from consultation with the student’s physician or the local health officer for the county in which the school district is located. During the presence in any district of dangerous epidemics, the board of education of the school district may order the school closed.

History. 4399-59; amend. Acts 1990, ch. 213, § 1, effective July 13, 1990; 1990, ch. 476, Pt. V, § 402, effective July 13, 1990; 1992, ch. 393, § 1, effective July 14, 1992; 1998, ch. 426, § 116, effective July 15, 1998; 2005, ch. 99, § 134, effective June 20, 2005.

Compiler’s Notes.

This section (4399-59) was repealed and reenacted by Acts 1976, ch. 476, Pt. V, § 402, effective July 13, 1990.

Legislative Research Commission Note.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

Research References and Practice Aids

Cross-References.

Certificate of immunization required prior to enrollment, KRS 158.035 .

158.162. Mandatory adoption of emergency management response plan in each school — Emergency response drills — Consequence of schools failing to comply.

  1. As used in this section:
    1. “Emergency management response plan” or “emergency plan” means a written document to prevent, mitigate, prepare for, respond to, and recover from emergencies; and
    2. “First responders” means local fire, police, and emergency medical personnel.
    1. Each local board of education shall require the school council or, if none exists, the principal in each school building in its jurisdiction to adopt an emergency plan to include procedures to be followed in case of fire, severe weather, or earthquake, or if a building lockdown as defined in KRS 158.164 is required. (2) (a) Each local board of education shall require the school council or, if none exists, the principal in each school building in its jurisdiction to adopt an emergency plan to include procedures to be followed in case of fire, severe weather, or earthquake, or if a building lockdown as defined in KRS 158.164 is required.
    2. Following adoption, the emergency plan, along with a diagram of the facility, shall be provided to appropriate first responders.
    3. The emergency plan shall be reviewed following the end of each school year by the school council, the principal, and first responders and shall be revised as needed.
    4. The principal shall discuss the emergency plan with all school staff prior to the first instructional day of each school year and shall document the time and date of any discussion.
    5. The emergency plan and diagram of the facility shall be excluded from the application of KRS 61.870 to 61.884 .
  2. Each local board of education shall require the school council or, if none exists, the principal in each school building to:
    1. Establish primary and secondary evacuation routes for all rooms located within the school and shall post the routes in each room by any doorway used for evacuation;
    2. Identify the best available severe weather safe zones, in consultation with local and state safety officials and informed by guiding principles set forth by the National Weather Service and the Federal Emergency Management Agency, and post the location of safe zones in each room of the school;
    3. Develop practices for students to follow during an earthquake; and
    4. Develop and adhere to practices to control the access to each school building. Practices shall include but not be limited to:
      1. Controlling outside access to exterior doors during the school day;
      2. Controlling the main entrance of the school with electronically locking doors, a camera, and an intercom system;
      3. Controlling access to individual classrooms;
      4. Requiring classroom doors to be equipped with hardware that allows the door to be locked from the outside but opened from the inside;
      5. Requiring classroom doors to remain closed and locked during instructional time, except:
        1. In instances in which only one (1) student and one (1) adult are in the classroom; or
        2. When approved in writing by the state school security marshal;
      6. Requiring classroom doors with windows to be equipped with material to quickly cover the window during a building lockdown;
      7. Requiring all visitors to report to the front office of the building, provide valid identification, and state the purpose of the visit; and
      8. Providing a visitor’s badge to be visibly displayed on a visitor’s outer garment.
  3. All schools shall be in compliance with the provisions of subsection (3)(d) of this section as soon as practicable but no later than July 1, 2022.
  4. Each local board of education shall require the principal in each public school building in its jurisdiction to conduct, at a minimum, emergency response drills to include one (1) severe weather drill, one (1) earthquake drill, and one (1) lockdown drill within the first thirty (30) instructional days of each school year and again during the month of January. Required fire drills shall be conducted according to administrative regulations promulgated by the Department of Housing, Buildings and Construction. Whenever possible, first responders shall be invited to observe emergency response drills.
  5. No later than November 1 of each school year, a local district superintendent shall send verification to the Kentucky Department of Education that all schools within the district are in compliance with the requirements of this section.
  6. A district with a school not in compliance with the requirements of subsection (3)(d) of this section by July 1, 2022, shall not be eligible for approval by the Kentucky Department of Education for new building construction or expansion in the 2022-2023 school year and any subsequent year without verification of compliance, except for facility improvements that specifically address the school safety and security requirements of this section,  when deemed necessary for the protection of student or staff health and safety, or to comply with other legal requirements or orders.

History. Enact. Acts 2013, ch. 126, § 1, effective June 25, 2013; 2013, ch. 133, § 1, effective June 25, 2013; 2015 ch. 38, § 1, effective June 24, 2015; 2019 ch. 5, § 14, effective March 11, 2019; 2020 ch. 5, § 11, effective February 21, 2020.

Legislative Research Commission Note.

(6/25/2013). This statute was created by 2013 Ky. Acts chs. 126 and 133, which were companion bills and are substantively identical. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 126 prevails under KRS 446.250 as the Act which passed the General Assembly last.

158.163. Earthquake and tornado emergency procedure system.

The board of each local school district, and the governing body of each private and parochial school or school district, shall establish an earthquake and tornado emergency procedure system in every public or private school building in its jurisdiction having a capacity of fifty (50) or more students, or having more than one (1) classroom. The earthquake and tornado emergency procedure system shall include, but not be limited to, all of the following:

  1. A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of students and staffs. A drop procedure and safe area evacuation practice shall be held at least twice during each school year, with the first practice for a drop procedure and a safe area evacuation being held within the first thirty (30) instructional days of each school year and one (1) practice being held during the month of January;
  2. A drop procedure. As used in this section, “drop procedure” means an activity by which each student and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows;
  3. A safe area. As used in this section, “safe area” means a designated space including an enclosed area with no windows, a basement or the lowest floor using the interior hallway or rooms, or taking shelter under sturdy furniture;
  4. Protective measures to be taken before, during, and following an earthquake or tornado; and
  5. A program to ensure that the students and the certificated and classified staff are aware of, and properly trained in, the earthquake and tornado emergency procedure system.

History. Enact. Acts 1992, ch. 29, § 1, effective July 14, 1992; 2000, ch. 433, § 1, effective July 14, 2000; 2013, ch. 126, § 2, effective June 25, 2013; 2013, ch. 133, § 2, effective June 25, 2013.

Legislative Research Commission Note.

(6/25/2013). This statute was amended with identical text in 2013 Ky. Acts chs. 126 and 133, which were companion bills. These Acts have been codified together.

158.164. Building lockdown procedures — Practice.

  1. As used in this section, “building lockdown” means to restrict the mobility of building occupants to maintain their safety and care.
  2. Each local board of education shall require the school council or, if none exists, the principal in each public school building in its jurisdiction to establish procedures to perform a building lockdown, including protective measures to be taken during and immediately following the lockdown. Local law enforcement agencies shall be invited to assist in establishing lockdown procedures.
  3. Students, certified staff, and classified staff shall be informed annually of building lockdown procedures.
  4. A building lockdown practice shall be held at least twice during each school year, with at least one (1) practice being held within the first thirty (30) instructional days of the school year and one (1) practice being held during the month of January.

History. Enact. Acts 2006, ch. 120, § 1, effective July 12, 2006; 2013, ch. 126, § 3, effective June 25, 2013; 2013, ch. 133, § 3, effective June 25, 2013.

Legislative Research Commission Note.

(6/25/2013). This statute was amended with identical text in 2013 Ky. Acts chs. 126 and 133, which were companion bills. These Acts have been codified together.

158.165. Possession and use of personal telecommunications device by public school student.

  1. The board of education of each school district shall develop a policy regarding the possession and use of a personal telecommunications device by a student while on school property or while attending a school-sponsored or school-related activity on or off school property, and shall include the policy in the district’s written standards of student conduct. A student who violates the policy shall be subject to discipline as provided by board policy.
  2. In this section, “personal telecommunications device” means a device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor, including, but not limited to, a paging device and a cellular telephone.

History. Enact. Acts 1990, ch. 87, § 1, effective March 19, 1990; 2000, ch. 34, § 1, effective July 14, 2000.

158.170. Bible to be read.

The teacher in charge shall read or cause to be read a portion of the Bible daily in every classroom or session room of the common schools of the state in the presence of the pupils therein assembled, but no child shall be required to read the Bible against the wish of his parents or guardian.

History. 4363-7.

NOTES TO DECISIONS

1. In General.

The Bible is not a sectarian book. Hackett v. Brooksville Graded School Dist., 120 Ky. 608 , 87 S.W. 792, 27 Ky. L. Rptr. 1021 , 1905 Ky. LEXIS 144 ( Ky. 1905 ) (decided under prior law).

Opinions of Attorney General.

A school teacher may read any portion of the New Testament to students while in a public classroom. OAG 60-1099 .

The prohibition against the conduct of religious or devotional exercises through a reading of the Bible in the common school system is not circumvented by the designation of such activities as “classes.” OAG 63-790 .

Because of the difficulty of communication for community churches, nonsectarian nondenominational religious instruction can be given to deaf children at the deaf school on a voluntary basis on Sunday by teachers employed by the school. OAG 64-111 .

Children can say grace before lunch in the schools. OAG 64-111 .

Lunch periods could not be used to conduct religious classes if the district is utilizing portions of the lunch period to meet the six-hour school work requirement of KRS 158.060 . OAG 64-111 .

Missionaries would be precluded from making periodic visits to the schools to conduct religious services during regular scheduled periods. OAG 64-111 .

The nativity scene can be used in schools at Christmas so long as no religious significance is attached thereto. OAG 64-111 .

The utterance of prayers or the reading of the Bible can continue in PTA meetings and voluntary Bible classes held without the regular school hours or school curriculum. OAG 64-111 .

There would be nothing objectionable in a student, during a period of meditation, voluntarily or spontaneously saying a prayer, silent or vocal, but a teacher could not do so. OAG 64-111 .

This section is unconstitutional as violative of the first and fourteenth amendments of the United States Constitution under the doctrine of Engel v. Vitale, 370 U.S. 421, 82 S. Ct. 1261, 8 L. Ed. 2d 601, 20 Ohio Op. 2d 328, 1962 U.S. LEXIS 847, 86 A.L.R.2d 1285 (1962) and School Dist. v. Schempp, 374 U.S. 203, 83 S. Ct. 1560, 10 L. Ed. 2d 844, 1963 U.S. LEXIS 2611 (1963). OAG 79-463 .

For those school officials, employees and school board members that participate in or permit the continued practice of Bible reading as denounced by the United States Supreme Court, there stands a strong possibility of a legal claim by a student against them that the student’s constitutional rights are being infringed under color of state law by these school personnel’s actions. OAG 79-463 .

Research References and Practice Aids

Kentucky Bench & Bar.

Tobergte, The Impact of Kentucky’s Present Constitution Upon Business Growth & Development, Volume 51, No. 3, Summer 1987 Ky. Bench & B. 21.

Kentucky Law Journal.

Lassiter, The McCollum Decision and the Public School, 37 Ky. L.J. 402 (1949).

Northern Kentucky Law Review.

Comments, Separation of Church and State: Education and Religion in Kentucky, 6 N. Ky. L. Rev. 125 (1979).

158.175. Recitation of Lord’s prayer and pledge of allegiance — Instruction in proper respect for and display of the flag — Observation of moment of silence or reflection.

  1. As a continuation of the policy of teaching our country’s history and as an affirmation of the freedom of religion in this country, the board of education of a local school district may authorize the recitation of the traditional Lord’s prayer and the pledge of allegiance to the flag in public elementary schools. Pupil participation in the recitation of the prayer and pledge of allegiance shall be voluntary. Pupils shall be reminded that this Lord’s prayer is the prayer our pilgrim fathers recited when they came to this country in their search for freedom. Pupils shall be informed that these exercises are not meant to influence an individual’s personal religious beliefs in any manner. The exercises shall be conducted so that pupils shall learn of our great freedoms, including the freedom of religion symbolized by the recitation of the Lord’s prayer.
  2. The board of education of each school district shall establish a policy and develop procedures whereby the pupils in each elementary and secondary school may participate in the pledge of allegiance to the flag of the United States at the commencement of each school day.
  3. The Kentucky Board of Education shall develop a program of instruction relating to the flag of the United States of America, including instruction in etiquette, the correct use and display of the flag, and other patriotic exercises as may be related. This program of instruction shall be provided to each public school for use in its course of instruction. The program of instruction, at a minimum, shall include the provisions of 4 U.S.C. secs. 1 to 3 and 4 U.S.C. secs. 5 to 9.
  4. The board of education of each local school district may purchase or otherwise acquire and provide for display in each classroom copies of the Declaration of Independence, the Gettysburg Address, and other documents the local board deems significant to the history of Kentucky and the United States.
  5. At the commencement of the first class of each day in all public schools, the teacher in charge of the room may announce that a moment of silence or reflection not to exceed one (1) minute in duration shall be observed.

History. Enact. Acts 1976, ch. 145, § 1; 1980, ch. 304, § 1, effective July 15, 1980; 1986, ch. 339, § 1, effective July 15, 1986; 1988, ch. 435, § 3, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 205, effective July 13, 1990; 1996, ch. 85, § 1, effective July 15, 1996; 2000, ch. 235, § 1, effective July 14, 2000.

Opinions of Attorney General.

Students who, for religious or political beliefs or other personal convictions, do not participate in the salute and pledge of allegiance to the flag should remain in their seats quietly, and school employees should be directed to avoid any action intended to coerce or influence a student to participate in the pledge if the student desires not to so participate. OAG 80-456 .

The clear intent of the General Assembly in subsection (2) of this section is that: (1) The pledge of allegiance ceremony of recitation will be offered each school day, not just once or twice a week, and (2) that the opportunity to participate in the pledge of allegiance will occur as a first item on the school day agenda, not at midmorning or at the end of the school day. OAG 80-456 .

This section as it relates to the pledge of allegiance violates no provision of either the United States or Kentucky Constitutions; the key to the facial constitutionality of this section is that pupil participation in the recitation of the pledge of allegiance to the flag is voluntary. OAG 80-456 .

Research References and Practice Aids

Northern Kentucky Law Review.

Comments, Separation of Church and State: Education and Religion in Kentucky, 6 N. Ky. L. Rev. 125 (1979).

Kentucky Law Survey: Education,29 N. Ky. L. Rev. 115 (2002).

158.177. Teaching of evolution — Right to include Bible theory of creation.

  1. In any public school instruction concerning the theories of the creation of man and the earth, and which involves the theory thereon commonly known as evolution, any teacher so desiring may include as a portion of such instruction the theory of creation as presented in the Bible, and may accordingly read such passages in the Bible as are deemed necessary for instruction on the theory of creation, thereby affording students a choice as to which such theory to accept.
  2. For those students receiving such instruction, and who accept the Bible theory of creation, credit shall be permitted on any examination in which adherence to such theory is propounded, provided the response is correct according to the instruction received.
  3. No teacher in a public school may stress any particular denominational religious belief.
  4. This section is not to be construed as being adverse to any decision which has been rendered by any court of competent jurisdiction.

History. Enact. Acts 1976, ch. 261, § 1; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 403, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 261, § 1) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 403, effective July 13, 1990.

Research References and Practice Aids

Northern Kentucky Law Review.

Comments, Separation of Church and State: Education and Religion in Kentucky, 6 N. Ky. L. Rev. 125 (1979).

158.178. Ten Commandments to be displayed. [Unconstitutional.]

  1. It shall be the duty of the Superintendent of Public Instruction, provided sufficient funds are available as provided in subsection (3) of this section, to ensure that a durable, permanent copy of the Ten Commandments shall be displayed on a wall in each public elementary and secondary school classroom in the Commonwealth. The copy shall be sixteen (16) inches wide by twenty (20) inches high.
  2. In small print below the last commandment shall appear a notation concerning the purpose of the display, as follows: “The secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States.”
  3. The copies required by this section shall be purchased with funds made available through voluntary contributions made to the State Treasurer for the purposes of this section.

History. Enact. Acts 1978, ch. 436, § 1, effective June 17, 1978.

Compiler’s Notes.

This section (Acts 1978, ch. 436, § 1, effective June 17, 1978) was declared unconstitutional in Stone v. Graham, 449 U.S. 39, 101 S. Ct. 192, 66 L. Ed. 2d 199 (1980), rehearing denied, 449 U.S. 1104, 101 S. Ct. 904, 66 L. Ed. 2d 832 (1981).

NOTES TO DECISIONS

1. Constitutionality.

Since the pre-eminent purpose for posting the Ten Commandments on schoolroom walls is plainly religious in nature, this section has no secular legislative purpose and is therefore unconstitutional as violative of the establishment clause of the First Amendment of the United States Constitution; it does not matter that the posted copies are financed by voluntary private contributions, for the mere posting of the copies under the auspices of the Legislature provides the official support of the state government that the establishment clause prohibits. Stone v. Graham, 449 U.S. 39, 101 S. Ct. 192, 66 L. Ed. 2d 199, 1980 U.S. LEXIS 2 (U.S. 1980).

Opinions of Attorney General.

The United States Supreme Court in Stone v. Graham, 449 U.S. 39, 101 S. Ct. 192, 66 L. Ed. 2d 199, 1980 U.S. LEXIS 2 (1980) determined that this section is unconstitutional, concluding that the permanent posting of copies of the Ten Commandments in the public common schools of Kentucky violates the First Amendment and the Fourteenth Amendment of the United States Constitution and the decision requires the removal of the copies presently hanging on the walls of the public common schools since the court found that the pre-eminent purpose for posting is plainly religious in nature. OAG 81-12 . (Withdraws OAG 78-605 ).

Research References and Practice Aids

Kentucky Law Journal.

Comment, Stone v. Graham: A Fragile Defense of Individual Religious Autonomy, 69 Ky. L.J. 392 (1980-81).

Northern Kentucky Law Review.

Comments, Separation of Church and State: Education and Religion in Kentucky, 6 N. Ky. L. Rev. 125 (1979).

Bartlett, Displaying the Ten Commandments on Public Property: The Kentucky Experience: Wasn’t It Written In Stone?, 30 N. Ky. L. Rev. 163 (2003).

158.180. Books criticizing school of healing prohibited. [Repealed.]

Compiler’s Notes.

This section (4363-11a) was repealed by Acts 1978, ch. 21, § 2, effective June 17, 1978.

158.181. Legislative findings.

  1. The General Assembly finds the following:
    1. Judicial decisions concerning religion, free speech, and public education are widely misunderstood and misapplied;
    2. Confusion surrounding these decisions has caused some to be less accommodating of the religious liberty and free speech rights of students than permitted under the First Amendment to the United States Constitution;
    3. Confusion surrounding these decisions has resulted in needless conflicts and litigation;
    4. The Supreme Court of the United States has ruled that the establishment clause of the First Amendment to the United States Constitution requires that public schools neither advance or inhibit religion. Public schools should be neutral in matters of faith and should treat religion with fairness and respect;
    5. Neutrality to religion does not require hostility to religion. The establishment clause does not prohibit reasonable accommodation of religion, nor does the clause prohibit appropriate teaching about religion;
    6. Accommodation of religion is required by the free speech and free exercise clauses of the First Amendment to the United States Constitution; and
    7. Setting forth the religious liberty rights of students in a statute would assist students and parents in the enforcement of the religious liberty rights of students and would provide impetus to efforts in public schools to accommodate religious belief in feasible cases.
  2. The purpose of KRS 158.181 to 158.187 is to create a safe harbor for schools desiring to avoid litigation and to allow the free speech and religious liberty rights of students to the extent permissible under the establishment clause.

History. Enact. Acts 1998, ch. 294, § 1, effective July 15, 1998.

158.182. Definitions for KRS 158.181 to 158.187.

As used in KRS 158.181 to 158.187 , unless the context requires otherwise:

  1. “Establishment clause” means the portion of the First Amendment to the United States Constitution that forbids laws respecting an establishment of religion;
  2. “Free exercise clause” means the portion of the First Amendment to the United States Constitution that forbids laws prohibiting the free exercise of religion;
  3. “Free speech clause” means the portion of the First Amendment to the United States Constitution that forbids laws abridging the freedom of speech;
  4. “Public school” means any school that is operated by the state, a political subdivision of the state, or a governmental agency within the state; and
  5. “Student” means an individual attending a public school.

History. Enact. Acts 1998, ch. 294, § 2, effective July 15, 1998.

158.183. Prohibited acts by students — Rights of student — Duties of local board of education — Administrative remedies.

  1. Consistent with the Constitutions of the United States of America and the Commonwealth of Kentucky, a student shall have the right to carry out an activity described in any of paragraphs (a) to (j) of subsection (2) of this section, if the student does not:
    1. Infringe on the rights of the school to:
      1. Maintain order and discipline;
      2. Prevent disruption of the educational process; and
      3. Determine educational curriculum and assignments;
    2. Harass other persons or coerce other persons to participate in the activity; or
    3. Otherwise infringe on the rights of other persons.
  2. Consistent with the Constitutions of the United States of America and the Commonwealth of Kentucky, and subject to the provisions of subsection (1) of this section, a student shall be permitted to voluntarily:
    1. Pray or engage in religious activities in a public school, vocally or silently, alone or with other students to the same extent and under the same circumstances as a student is permitted to vocally or silently reflect, meditate, speak on, or engage in nonreligious matters alone or with other students in the public school;
    2. Express religious or political viewpoints in a public school to the same extent and under the same circumstances as a student is permitted to express viewpoints on nonreligious or nonpolitical topics or subjects in the school;
    3. Express religious or political viewpoints in classroom, homework, artwork, and other written and oral assignments free from discrimination or penalty based on the religious or political content of the submissions;
    4. Speak to and attempt to discuss religious or political viewpoints with other students in a public school to the same extent and under the same circumstances as a student is permitted to speak to and attempt to share nonreligious or nonpolitical viewpoints with other students. However, any student may demand that this speech or these attempts to share religious or political viewpoints not be directed at him or her;
    5. Distribute religious or political literature in a public school, subject to reasonable time, place, and manner restrictions to the same extent and under the same circumstances as a student is permitted to distribute literature on nonreligious or nonpolitical topics or subjects in the school;
    6. Display religious messages on items of clothing to the same extent that a student is permitted to display nonreligious messages on items of clothing;
    7. Access public secondary school facilities during noninstructional time as a member of a religious student organization for activities that may include prayer, Bible reading, or other worship exercises to the same extent that members of nonreligious student organizations are permitted access during noninstructional time;
    8. Use school media, including the public address system, the school newspaper, and school bulletin boards, to announce student religious meetings to the same extent that a student is permitted to use school media to announce student nonreligious meetings;
    9. Meet as a member of a religious student group during noninstructional time in the school day to the same extent that members of nonreligious student groups are permitted to meet, including before and after the school day; and
    10. Be absent, in accordance with attendance policy, from a public school to observe religious holidays and participate in other religious practices to the same extent and under the same circumstances as a student is permitted to be absent from a public school for nonreligious purposes.
  3. Consistent with its obligations to respect the rights secured by the Constitutions of the United States of America and the Commonwealth of Kentucky, a local board of education shall ensure that:
      1. The selection of students to speak at official events is made without regard to the religious or political viewpoint of the student speaker; (a) 1. The selection of students to speak at official events is made without regard to the religious or political viewpoint of the student speaker;
      2. The prepared remarks of the student are not altered before delivery, except in a viewpoint-neutral manner, unless requested by the student. However, student speakers shall not engage in speech that is obscene, vulgar, offensively lewd, or indecent; and
      3. If the content of the student’s speech is such that a reasonable observer may perceive affirmative school sponsorship or endorsement of the student speaker’s religious or political viewpoint, the school shall communicate, in writing, orally, or both, that the student’s speech does not reflect the endorsement, sponsorship, position, or expression of the school;
    1. Religious and political organizations are allowed equal access to public forums on the same basis as nonreligious and nonpolitical organizations; and
    2. No recognized religious or political student organization is hindered or discriminated against in the ordering of its internal affairs, selection of leaders and members, defining of doctrines and principles, and resolving of organizational disputes in the furtherance of its mission, or in its determination that only persons committed to its mission should conduct these activities.
  4. Consistent with its obligations to respect the rights secured by the Constitutions of the United States of America and the Commonwealth of Kentucky, a local board of education shall permit public schools in the district to sponsor artistic or theatrical programs that advance students’ knowledge of society’s cultural and religious heritage, as well as provide opportunities for students to study and perform a wide range of music, literature, poetry, and drama.
  5. No action may be maintained under KRS 158.181 to 158.187 unless the student has exhausted the following administrative remedies;
    1. The student or the student’s parent or guardian shall state his or her complaint to the school’s principal. The principal shall investigate and take appropriate action to ensure the rights of the student are resolved within seven (7) days of the date of the complaint;
    2. If the concerns are not resolved, then the student or the student’s parent or guardian shall make a complaint in writing to the superintendent with the specific facts of the alleged violation;
    3. The superintendent shall investigate and take appropriate action to ensure that the rights of the student are resolved within thirty (30) days of the date of the written complaint; and
    4. Only after the superintendent’s investigation and action may a student or the student’s parent or legal guardian pursue any other legal action.

HISTORY: Enact. Acts 1998, ch. 294, § 3, effective July 15, 1998; 2017 ch. 15, § 1, effective June 29, 2017.

158.184. Construction favoring establishment clause, religious liberty, and free speech.

  1. Nothing in KRS 158.181 to 158.187 shall be construed to affect, interpret, or in any way address the establishment clause.
  2. The specification of religious liberty or free speech rights in KRS 158.181 to 158.187 shall not be construed to exclude or limit religious liberty or free speech rights otherwise protected by federal, state, or local law.

History. Enact. Acts 1998, ch. 294, § 4, effective July 15, 1998.

158.185. Construction prohibiting school employee from leading, directing, or encouraging religious or anti-religious activity in violation of establishment clause.

Nothing in KRS 158.181 to 158.187 shall be construed to support, encourage, or permit a teacher, administrator, or other employee of the public schools to lead, direct, or encourage any religious or anti-religious activity in violation of the portion of the First Amendment of the United States Constitution prohibiting laws respecting an establishment of religion.

History. Enact. Acts 1998, ch. 294, § 5, effective July 15, 1998.

158.186. Copies of law to local school board and school-based decision making council and certified employees.

Before September 15 of each year, the commissioner of education shall:

  1. E-mail electronic copies or send paper copies of KRS 158.183 and 158.195 directly to each local school board, school-based decision making council, and certified employee in Kentucky; and
  2. Certify compliance with this section to the Interim Joint Committee on Education by submitting to the committee:
    1. A copy of all materials, other than the statutes, sent as part of the notice; and
    2. The dates materials were sent.

HISTORY: Enact. Acts 1998, ch. 294, § 6, effective July 15, 1998; 2017 ch. 15, § 3, effective June 29, 2017; 2018 ch. 66, § 1, effective July 14, 2018.

158.187. Short title for KRS 158.181 to 158.187.

KRS 158.181 to 158.187 may be cited as the Nicole Hadley, Jessica James, and Kayce Steger Act.

History. Enact. Acts 1998, ch. 294, § 7, effective July 15, 1998.

158.188. Teaching activities permitted in the secular study of religion with the use of the Bible or other scripture

A teacher in a public school shall be permitted to:

  1. Teach about religion with the use of the Bible or other scripture, but without providing religious instruction, for the secular study of:
    1. The history of religion;
    2. Comparative religions;
    3. The Bible as literature;
    4. The role of religion in the history of the United States and other countries; and
    5. Religious influences on art, music, literature, and social studies; and
  2. Teach about religious holidays, including religious aspects, and celebrate the secular aspects of holidays.

HISTORY: 2017 ch. 15, § 2, effective June 29, 2017.

158.190. Sectarian, infidel, or immoral books prohibited.

No book or other publication of a sectarian, infidel, or immoral character, or that reflects on any religious denomination, shall be used or distributed in any common school. No sectarian, infidel, or immoral doctrine shall be taught in any common school.

History. 4363-11; Acts 1942, ch. 208, § 1; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 404, effective July 13, 1990.

Compiler’s Notes.

This section (4363-11; amend Acts 1942, ch. 208, § 1) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 404, effective July 13, 1990.

NOTES TO DECISIONS

  1. Injunction for Enforcement.
  2. Bible.
1. Injunction for Enforcement.

An injunction should have been issued by the Circuit Court prohibiting school officers, including the board of education, from violating this section, expending public school funds for religious or sectarian purposes, keeping sectarian periodicals in and about the libraries of the county schools and stopping the operating of public school buses on religious holidays not legalized as state or national holidays. Wooley v. Spalding, 293 S.W.2d 563, 1956 Ky. LEXIS 73 ( Ky. 1956 ).

2. Bible.

The Bible is not a sectarian book. Hackett v. Brooksville Graded School Dist., 120 Ky. 608 , 87 S.W. 792, 27 Ky. L. Rptr. 1021 , 1905 Ky. LEXIS 144 ( Ky. 1905 ) (decided under prior law).

Cited:

Rawlings v. Butler, 290 S.W.2d 801, 1956 Ky. LEXIS 345 , 60 A.L.R.2d 285 ( Ky. 1956 ).

Research References and Practice Aids

Kentucky Law Journal.

Lassiter, The McCollum Decision and the Public School, 37 Ky. L.J. 402 (1949).

158.194. Bill of Rights to be displayed.

Each public elementary and secondary school classroom in the Commonwealth of Kentucky shall prominently display a copy of the Bill of Rights, embodying the individual liberties safeguarded by the Constitution of the United States.

History. Enact. Acts 1988, ch. 172, § 1, effective July 15, 1988.

Legislative Research Commission Note.

(9/30/99). This statute was created by a joint resolution of the 1988 Regular Session of the General Assembly and was previously carried as an LRC Note under KRS 158.010 . Because the enactment is permanent in nature, see KRS 7.131(2), the Reviser of Statutes has codified this text as KRS 158.194 under KRS 7.136(1)(a).

158.195. Display of national motto in public elementary and secondary schools — Reading and posting in public schools of texts and documents on American history and heritage.

    1. Beginning in the 2019-2020 school year, local boards shall require each public elementary and secondary school to display the national motto of the United States, “In God We Trust,” in a prominent location in the school. (1) (a) Beginning in the 2019-2020 school year, local boards shall require each public elementary and secondary school to display the national motto of the United States, “In God We Trust,” in a prominent location in the school.
    2. The display required in paragraph (a) of this subsection may take the form of but is not limited to a mounted plaque or student artwork.
    3. For purposes of this section, “prominent location” means a school entryway, cafeteria, or common area where students are likely to see the national motto.
  1. Local boards may allow any teacher or administrator in a public school district of the Commonwealth to read or post in a public school building, classroom, or event any excerpts or portions of: the national motto; the national anthem; the pledge of allegiance; the preamble to the Kentucky Constitution; the Declaration of Independence; the Mayflower Compact; the writings, speeches, documents, and proclamations of the founding fathers and presidents of the United States; United States Supreme Court decisions; and acts of the United States Congress including the published text of the Congressional Record. There shall be no content-based censorship of American history or heritage in the Commonwealth based on religious references in these writings, documents, and records.

History. Enact. Acts 1992, ch. 170, § 4, effective July 14, 1992; 2019 ch. 82, § 1, effective June 27, 2019.

NOTES TO DECISIONS

Cited:

Doe v. Harlan County Sch. Dist., 96 F. Supp. 2d 667, 2000 U.S. Dist. LEXIS 6632 (E.D. Ky. 2000 ).

Research References and Practice Aids

Northern Kentucky Law Review.

Kentucky Law Survey: Education,29 N. Ky. L. Rev. 115 (2002).

158.197. Elective course on religious scripture — Purpose — Restrictions —School council or governing body authorized to display historic religious and nonreligious artifacts, monuments, symbols, and texts in conjunction with course of study.

  1. A school-based decision making council under administrative regulations of the Kentucky Board of Education may offer students in grade nine (9) or above:
    1. An elective social studies course on the Hebrew Scriptures, Old Testament of the Bible;
    2. An elective social studies course on the New Testament of the Bible; or
    3. An elective social studies course on the Hebrew Scriptures and the New Testament of the Bible.
  2. The purpose of a course under this section is to:
    1. Teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy; and
    2. Familiarize students with, as applicable:
      1. The contents of the Hebrew Scriptures or New Testament;
      2. The history of the Hebrew Scriptures or New Testament;
      3. The literary style and structure of the Hebrew Scriptures or New Testament; and
      4. The influence of the Hebrew Scriptures or New Testament on law, history, government, literature, art, music, customs, morals, values, and culture.
  3. A student shall not be required to use a specific translation as the sole text of the Hebrew Scriptures or New Testament and may use as the basic textbook a different translation of the Hebrew Scriptures or New Testament from that chosen by the school council.
  4. A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in the school. A course under this section shall not endorse, favor, or promote, or disfavor or show hostility toward, any particular religion or nonreligious faith or religious perspective. A school-based decision making council, in complying with this section, shall not violate any provision of the United States Constitution or federal law, the Kentucky Constitution or any state law, or any administrative regulations of the United States Department of Education or the Kentucky Department of Education.
  5. Any school council organized pursuant to KRS 160.345 or, if none exists, the principal, may authorize the display of historic artifacts, monuments, symbols, and texts, including but not limited to religious materials, in conjunction with a course of study that includes an elective course in history, civilization, ethics, comparative religion, literature, or other subject area that uses such artifacts, monuments, symbols, and texts as instructional material if the display is:
    1. Appropriate to the overall educational purpose of the course; and
    2. Consistent with the requirements of KRS 42.705 .

HISTORY: Enact. Acts 2006, ch. 34, § 4, effective March 24, 2006; 2017 ch. 187, § 2, effective June 29, 2017.

158.200. Moral instruction.

The boards of education of independent and county school districts may provide for moral instruction of pupils in their jurisdiction, in the manner provided in KRS 158.210 to 158.260 .

History. 4363-7a; amend. Acts 1990, ch. 476, Pt. IV, § 206, effective July 13, 1990.

Opinions of Attorney General.

This section is permissive, not mandatory. OAG 60-953 .

The State Department of Education has no responsibility for released time religious instruction carried on by a school board in cooperation with churches in the school district. OAG 73-481 .

Sections KRS 158.200 to 158.260 do not authorize the releasing of pupils for moral instruction on any basis other than one hour per week and thus a release on an accumulated basis, though equivalent, violates the statutes. OAG 75-218 .

158.210. Survey of desire for moral instruction may be made.

The board of education of each school district may authorize a complete survey of all the pupils attending the public schools within the district and determine those pupils who desire moral instruction and have the consent of parent or guardian for the instruction.

History. 4363-7b; amend. Acts 1990, ch. 476, Pt. IV, § 207, effective July 13, 1990.

Opinions of Attorney General.

Students who have been excused from school to attend religious instruction, in accordance with the provisions of KRS 158.210 to 158.260 , may be considered in attendance at the public schools for purposes of the Minimum Foundation Program. OAG 66-116 .

158.220. Time allowed for moral instruction in suitable place.

The boards of education shall allow pupils who have expressed a desire for moral instruction to be excused for at least one (1) hour, one (1) day each week to attend their respective places of worship or some other suitable place to receive moral instruction in accordance with the religious faith or preference of the pupils.

History. 4363-7c; amend. Acts 1990, ch. 476, Pt. IV, § 208, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Illinois ex rel. McCollum v. Bd. of Educ., 333 U.S. 203, 68 S. Ct. 461, 92 L. Ed. 649, 1948 U.S. LEXIS 2451, 2 A.L.R.2d 1338 (1948); Wooley v. Spalding, 293 S.W.2d 563, 1956 Ky. LEXIS 73 ( Ky. 1956 ).

Opinions of Attorney General.

Under this section the Church of the Good Shepherd could, on a released time basis, provide confirmation instruction of one (1) hour each week in parish buildings to students attending the public school system. OAG 61-508 .

The Legislature intended that the students be released from school for one (1) hour a week to go to religious instruction conducted by religious organizations of their faith without any coercion by teachers or school administration. OAG 63-937 .

Whether students will actually be excused to receive moral instruction at a parochial school is discretionary with the board of education. OAG 66-116 .

Under this section a local school board has authority to excuse students for organized religious services or instruction but that authority is limited to one (1) day per week and to a number of hours to be established by the board within the limits prescribed, the minimum being one (1) hour and the maximum determined by the length of the services or instruction. OAG 68-254 .

Sections KRS 158.200 to 158.260 do not authorize the releasing of pupils for moral instruction on any basis other than one (1) hour per week, and thus a release on an accumulated basis, though equivalent, violates this section. OAG 75-218 .

This section prohibits the use of public school buildings for moral instruction classes, irrespective of whether or not rent is paid for the use of the premises. OAG 75-595 .

Research References and Practice Aids

Kentucky Law Journal.

Lassiter, The McCollum Decision and the Public School, 37 Ky. L.J. 402 (1949).

158.230. Arrangements with persons in charge.

Each board of education may make arrangements with the persons in charge of the moral instruction as the board deems necessary and advisable.

History. 4363-7d; amend. Acts 1990, ch. 476, Pt. IV, § 209, effective July 13, 1990.

Opinions of Attorney General.

Whether students will actually be excused to receive moral instruction at a parochial school is discretionary with the board of education. OAG 66-116 .

158.240. Credit for moral instruction.

Pupils who attend the classes for moral instruction at the time specified and for the period fixed shall be credited with the time spent as if they had been in actual attendance in school, and the time shall be calculated as part of the actual school work required by KRS 158.060 . The pupil shall not be penalized for any school work missed during the specified time.

History. 4363-7e; amend. Acts 1990, ch. 70, § 1, effective July 13, 1990; 1990, ch. 476, Pt. IV, § 210, effective July 13, 1990.

Legislative Research Commission Note.

(7/13/90). This section was amended by two 1990 Acts which do not appear to be in conflict and have been compiled together.

Opinions of Attorney General.

Students who have been excused from school to attend religious instruction, in accordance with the provisions of KRS 158.210 to 158.260 , may be considered in attendance at the public schools for purposes of the Minimum Foundation Program. OAG 66-116 .

It is impermissible for a teacher incorporating classroom participation as part of the overall academic grade to give a student a lower grade in a course than he earned while in class for failure to participate in class on days when he was absent under a legitimate excused absence. OAG 79-539 .

A school board may not adopt a plan to deduct points from a student’s final grade for each unexcused absence. Despite the board’s stated intent to act in the best interest of the students, the deduction of five (5) points from a pupil’s final grade is a penalty. Such a penalty, in the guise of an incentive to get children to attend school, is not permissible; providing an opportunity for a student to make up the points does not change this conclusion — it is still an impermissible penalty. OAG 96-28 .

A school board’s decision not to differentiate between excused and unexcused absences was fatal to its policy of withholding promotion to the next level from students for failure to make up absences in excess of an approved number of days. OAG 96-28 .

Research References and Practice Aids

Kentucky Law Journal.

Lassiter, The McCollum Decision and the Public School, 37 Ky. L.J. 402 (1949).

158.250. Activities for nonparticipants in moral instruction classes.

Any pupil who does not participate in the moral instruction shall remain in school during the time when the instruction is being given, and shall take noncredit enrichment courses or participate in educational activities not required in the regular curriculum, and that time shall be calculated as part of the actual schoolwork required by KRS 158.060 . Students of different grade levels may be placed into combined classrooms in accordance with maximum class size allotments as described in KRS 157.360 . These courses or activities shall be supervised by certified school personnel and may include, but are not limited to, the following: study hall, computer instruction, music, art, library, physical education, and tutorial assistance.

History. 4363-7f; amend. Acts 1990, ch. 70, § 2, effective July 13, 1990; 1990, ch. 476, Pt. IV, § 211, effective July 13, 1990.

Legislative Research Commission Note.

(7/13/90). This section was amended by two 1990 Acts which do not appear to be in conflict and have been compiled together.

Research References and Practice Aids

Kentucky Law Journal.

Lassiter, The McCollum Decision and the Public School, 37 Ky. L.J. 402 (1949).

158.260. Cost of moral instruction.

Moral instruction shall be given without expense to any board of education beyond the cost of the original survey. These courses or activities shall be supervised by certified school personnel and may include but are not limited to the following: study hall, computer instruction, music, art, library, physical education, and tutorial assistance.

History. 4363-7g; amend. Acts 1990, ch. 476, Pt. IV, § 212, effective July 13, 1990.

Opinions of Attorney General.

School buses may be used to transport children participating in a released school time program of moral instruction where the school is reimbursed by the sponsors of the program for the actual expense of operating the buses for that purpose. OAG 75-643 .

158.270. Instruction as to nature and effect of alcoholic liquor and narcotics required — Textbooks to include these subjects. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 50) was repealed by Acts 1974, ch. 392, § 13.

158.280. Instruction in the environment — Selection of books for. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 157; 1972, ch. 41, § 1) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.281. Definitions for KRS 156.476, 158.281, 158.282, and 161.051.

As used in KRS 156.476 , 158.282 , 161.051 , and this section:

  1. “Braille” means the system of reading and writing through touch commonly known as Standard English Braille;
  2. “Individualized education program (IEP)” means a written statement developed for an exceptional student eligible for special education services in accordance with administrative regulations promulgated pursuant to KRS 157.200 to 157.290 ;
  3. “Blind student” means a student between the ages of three (3) and twenty-one (21) for whom an individualized education program is required and who:
    1. Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or
    2. Has a medically indicated expectation of visual deterioration which would bring the student within the provisions of subsection (3)(a) of this section; or
    3. Functions as if he is blind even though the student may not technically meet the visual acuity or medical standards set forth in this subsection.

History. Enact. Acts 1992, ch. 382, § 1, effective July 14, 1992.

Research References and Practice Aids

Northern Kentucky Law Review.

ADA Amendments Issue: Article: Education for Americans with Disabilities: Reconciling IDEA with the 2008 ADA Amendments, 37 N. Ky. L. Rev. 389 (2010).

158.282. Instruction of all blind students in the use of braille — Assessment for blind students in program — Exceptions.

  1. The purpose of KRS 156.476 , 158.281 , 161.051 , and this section shall be to assure, to the maximum extent possible, that all blind students shall be instructed in the use of braille.
  2. The written individualized education program for each exceptional student, as promulgated by administrative regulation, shall also include the following assessment for blind students:
    1. A braille skills inventory, including an assessment of the student’s strengths and weaknesses;
    2. A statement as to whether the use of braille shall be that student’s primary mode of communication;
    3. The date on which braille instruction shall begin;
    4. The length of the period of instruction, and the frequency and duration of each instructional session; and
    5. The level of competency in braille reading and writing to be achieved, and the assessment measures to be used in determining if that level has been achieved.
  3. Braille instruction and use shall not be required by this section if, during the course of developing the blind student’s individualized educational program, the members of the Administrative Admission and Release Committee as established for this purpose, pursuant to administrative regulations, concur that the student shall not be required to learn to read and write braille. In reaching its decision, the committee shall consider the student’s reading readiness, functional reading skills, reading comprehension rate and stamina, functional writing skills, communication skills, eye condition and prognosis, and functional vision and tactile discrimination skills. Upon reaching this determination the committee shall write into the individualized education program of a blind student, the factors and evidence considered by the committee in reaching its decision.
  4. Nothing in this section shall require the exclusive use of instruction in braille if other methods of reading and writing may also be learned by the student.

History. Enact. Acts 1992, ch. 382, § 2, effective July 14, 1992.

158.285. Teaching of Kentucky government — Statewide program — Instruction of all grade levels. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 373, § 1) was repealed by Acts 1990, ch. 476, Art. VI, § 616, effective July 13, 1990.

158.286. Teaching of Kentucky government — Adoption of policies by local school districts. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 373, § 2) was repealed by Acts 1990, ch. 476, § 616.

158.290. School fundraising activities.

  1. No student shall be compelled to solicit or meet any kind of quota in a fundraising activity. Solicitations by students shall be on a completely voluntary basis and no grade changes or any other sanctions shall be imposed for refusal or failure of a student to engage in any solicitations or other fundraising activity. No public school shall promote or engage in a schoolwide fundraising project without the prior approval of the local board of education.
  2. Nothing in this section shall prohibit student participation in classes in which salesmanship is an integral part of the prescribed curriculum.

History. Enact. Acts 1978, ch. 150, § 1, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 405, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 150, § 1, effective June 17, 1978) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 405, effective July 13, 1990.

Opinions of Attorney General.

The phrase “schoolwide fund raising project” refers to each individual school or school building, and not the schools collectively within a school system, and only when the solicitation affects the entire school, not necessarily a percentage of the students participating, i.e., when the classes, clubs and organizations, etc., solicit or participate in a fund-raising activity, the profits from which will go to purchase an item for the school, then such a fund raising activity would need to be approved by the local board of education. OAG 78-508 .

The prohibition of subsection (1) of this section does not reach participation or involvement in voluntary extracurricular activities sponsored or endorsed by a local school system. OAG 79-330 .

The fact that school children participate during nonschool hours in Booster Club activities, or that the activity takes place on school property with prior approval of the local board, does not require the school board to approve of the Booster Club fund raising activity even if it is a so-called “school wide fund raising project.” OAG 79-556 .

158.292. Excused absences for students who serve as election officers.

Students who serve as election officers under KRS 117.045(9) shall be granted one (1) day of excused absence for each election day served.

History. Enact. Acts 2002, ch. 265, § 2, effective July 15, 2002.

158.293. Excused absences for secondary school students who participate in Military Burial Honor Guard Program — Inclusion in instructional program.

  1. An excused absence may be granted, subject to approval by the local school board, to all students of Kentucky secondary schools who participate in the Military Burial Honor Guard Program, as set out in KRS 36.390 to 36.396 . Most likely these would be students already participating in JROTC, drum corps, or other military programs; however, the Military Burial Honor Guard Program is not limited to these students. This excused absence should include time spent training, traveling, and participating in the Military Burial Honor Guard Program.
  2. The local school board may also adopt a policy to allow students to participate in the Military Burial Honor Guard Program as a part of the instructional program.
  3. This policy of either excused absences or including Military Burial Honor Guard Program participation as a part of the instructional program shall not in any way penalize the local school district.

History. Enact. Acts 2000, ch. 378, § 5, effective July 1, 2000.

158.294. Excused absences for students who participate in Veterans’ Service Organization Burial Honor Guard — Inclusion in instructional program.

  1. An excused absence may be granted, subject to approval by the local school board, to all students of Kentucky secondary schools who participate in the Veterans’ Service Organization Burial Honor Guard Program. Most likely these would be students already participating in JROTC, drum corps, or other military programs; however, the Veterans’ Service Organization Burial Honor Guard Program is not limited to these students. This excused absence should include time spent training, traveling, and participating in the Veterans’ Service Organization Burial Honor Guard Program.
  2. The local school board may also adopt a policy to allow students to participate in the Veterans’ Service Organization Burial Honor Guard Program as a part of the instructional program.
  3. This policy of either excused absences or including Veterans’ Service Organization Burial Honor Guard Program participation as a part of the instructional program shall not in any way penalize the local school district.

History. Enact. Acts 2002, ch. 43, § 5, effective July 15, 2002.

158.295. Development of program to deal with delinquency, drug abuse, vandalism, absenteeism and other related acts of student behavior. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 443, § 1, effective June 17, 1978) was repealed by Acts 1990, ch. 476, Part VI, § 616, effective July 13, 1990.

158.297. Meningococcal meningitis disease and vaccine information.

  1. If, at the beginning of a school year, a board of education for a local school district provides information on immunizations, infectious disease, medications, or other school health issues to parents and guardians of students in grades six (6) through twelve (12), then the following information about meningococcal meningitis disease and its vaccine shall be included:
    1. A description of causes, symptoms, and means of transmission;
    2. A list of sources for additional information; and
    3. Related recommendations issued by the National Centers for Disease Control and Prevention.
  2. The Department of Education, in cooperation with the Department for Public Health, shall develop and make available the information about meningococcal meningitis disease and its vaccine to local school districts as required under subsection (1) of this section in an efficient manner that shall include posting the information on its Web site.

History. Enact. Acts 2006, ch. 129, § 1, effective July 12, 2006.

158.300. Definitions for KRS 158.300 to 158.350. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 168, § 1; 1962, ch. 196, § 5; 1964, ch. 194, § 1) was repealed by Acts 1982, ch. 350, § 1, effective July 15, 1982.

158.301. Legislative findings on skin cancer risks — Schools encouraged to educate students on risks of exposure to ultraviolet rays.

  1. The General Assembly finds that:
    1. The chief cause of skin cancer is exposure to ultraviolet rays from natural sunlight and artificial sources;
    2. According to the American Cancer Society, skin cancer is one (1) of the most common types of cancer in the United States, with one (1) in five (5) Americans developing skin cancer in his or her lifetime and one (1) American dying from skin cancer every hour;
    3. The lifetime risk of getting skin cancer is linked to sun exposure and sunburn during childhood and adolescence;
    4. World and national health organizations have published guidelines or instructional materials regarding sun safety and skin cancer prevention for schools; and
    5. Schools have the potential to positively influence pupil behavior regarding skin cancer prevention.
  2. The General Assembly hereby encourages each public school to provide age-appropriate education to all students on the risks associated with exposure to ultraviolet rays from natural sunlight and artificial sources.
    1. The education should be included within the existing health curriculum as required by KRS 156.160(1)(a) and in accordance with the curriculum policy adopted by the school-based decision making council or, if none exists, by the school principal.
    2. The education should be consistent with guidelines published by world or national health organizations and should include, but not be limited to:
      1. The facts and statistics about skin cancer;
      2. The cause and impact of skin cancer; and
      3. Strategies and behaviors to reduce individual risks for skin cancer.
    3. The Kentucky Department of Education shall provide instructional resources, including information from national standards and health organizations.

History. Enact. Acts 2006, ch. 148, § 1, effective July 12, 2006.

158.302. Cardiopulmonary resuscitation on training required for high school students.

  1. The General Assembly hereby finds that training Kentucky students in cardiopulmonary resuscitation procedures will:
    1. Increase students’ ability to respond to emergency situations at school, home, and public places;
    2. Benefit Kentucky communities by rapidly increasing the number of people ready to respond to sudden cardiac arrest, a leading cause of death in the United States; and
    3. Assist students in becoming responsible citizens consistent with the goals established in KRS 158.6451 .
  2. Every public high school shall provide cardiopulmonary resuscitation training to students as part of the health course or the physical education course that is required for high school graduation or the Junior Reserve Officers Training Corps course that meets the physical education requirement. The training shall:
    1. Be based on the American Heart Association’s Guidelines for CPR and Emergency Cardiovascular Care or other nationally recognized, evidenced-based guidelines;
    2. Incorporate psychomotor skills training to support cognitive learning; and
    3. Make students aware of the purpose of an automated external defibrillator and its ease and safety of use.
  3. The training does not have to be provided by a certified instructor or result in students being certified in cardiopulmonary resuscitation.
  4. A school administrator may waive the requirement that a student receive instruction under subsection (2) of this section if the student has a disability or is physically unable to perform the psychomotor skills component of the instruction required.
  5. This section shall not be construed to require a school to have an automated external defibrillator on its premises, although having one available for emergencies is encouraged.

HISTORY: 2016 ch. 70, § 1, effective July 15, 2016.

158.303. Educational segment on prevention of pediatric abusive head trauma encouraged.

Kentucky schools are encouraged to include a segment concentrating on the prevention of pediatric abusive head trauma, as defined in KRS 620.020 , during a student’s final year of study at Kentucky high schools. Important areas of concentration for this segment would include information related to the prevention and recognition of pediatric abusive head trauma. This segment should also suggest methods of calming crying infants, techniques for caregivers to use to calm themselves when confronted with an infant that is crying inconsolably, and a discussion relating to selecting responsible care providers for infant children.

History. Enact. Acts 2010, ch. 171, § 3, effective July 15, 2010.

158.305. Response-to-intervention system to identify and assist students having difficulty in reading, writing, mathematics or behavior and to determine needs of advanced learners — Web-based resource for teachers — District-wide use — Department to provide technical assistance and training — Annual report.

  1. As used in this section:
    1. “Aphasia” means a condition characterized by either partial or total loss of the ability to communicate verbally or through written words. A person with aphasia may have difficulty speaking, reading, writing, recognizing the names of objects, or understanding what other people have said. The condition may be temporary or permanent and does not include speech problems caused by loss of muscle control;
    2. “Dyscalculia” means the inability to understand the meaning of numbers, the basic operations of addition and subtraction, the complex operations of multiplication and division, or to apply math principles to solve practical or abstract problems;
    3. “Dysgraphia” means difficulty in automatically remembering and mastering the sequence of muscle motor movements needed to accurately write letters or numbers;
    4. “Dyslexia” has the same meaning as in KRS 158.307 ;
    5. “Phonemic awareness” has the same meaning as in KRS 158.307 ; and
    6. “Evidence-based” has the same meaning as in 20 U.S.C. sec. 7801(21) .
  2. Notwithstanding any other statute or administrative regulation to the contrary, the Kentucky Board of Education shall promulgate administrative regulations for district-wide use of a response-to-intervention system for students in kindergarten through grade three (3), that includes a tiered continuum of interventions with varying levels of intensity and duration and which connects general, compensatory, and special education programs to provide interventions implemented with fidelity to evidence-based research and matched to individual student strengths and needs. At a minimum, evidence of implementation shall be submitted by the district to the department for:
    1. Reading and writing by August 1, 2013;
    2. Mathematics by August 1, 2014; and
    3. Behavior by August 1, 2015.
  3. The Department of Education shall provide technical assistance and training, if requested by a local district, to assist in the implementation of the district-wide, response-to-intervention system as a means to identify and assist any student experiencing difficulty in reading, writing, mathematics, or behavior and to determine appropriate instructional modifications needed by advanced learners to make continuous progress.
  4. The technical assistance and training shall be designed to improve:
    1. The use of specific screening processes and programs to identify student strengths and needs;
    2. The use of screening data for designing instructional interventions;
    3. The use of multisensory instructional strategies and other interventions validated for effectiveness by evidence-based research;
    4. Progress monitoring of student performance; and
    5. Accelerated, intensive, direct instruction that addresses students’ individual differences, including advanced learners, and enables students that are experiencing difficulty to catch up with typically performing peers.
  5. The department shall develop and maintain a Web-based resource providing teachers access to:
    1. Information on the use of specific screening processes and programs to identify student strengths and needs, including those for advanced learners;
    2. Current, evidence-based research and age-appropriate instructional tools that may be used for substantial, steady improvement in:
      1. Reading when a student is experiencing difficulty with phonemic awareness, phonics, vocabulary, fluency, general reading comprehension, or reading in specific content areas, or is exhibiting characteristics of dyslexia, aphasia, or other reading difficulties;
      2. Writing when a student is experiencing difficulty with consistently producing letters or numbers with accuracy or is exhibiting characteristics of dysgraphia;
      3. Mathematics when a student is experiencing difficulty with basic math facts, calculations, or application through problem solving, or is exhibiting characteristics of dyscalculia or other mathematical difficulties; or
      4. Behavior when a student is exhibiting behaviors that interfere with his or her learning or the learning of other students; and
    3. Current, evidence-based research and age-appropriate instructional tools that may be used for continuous progress of advanced learners.
  6. The department shall encourage districts to utilize both state and federal funds as appropriate to implement a district-wide system of interventions.
  7. The department is encouraged to coordinate technical assistance and training on current best practice interventions with state postsecondary education institutions.
  8. The department shall collaborate with the Kentucky Collaborative Center for Literacy Development, the Kentucky Center for Mathematics, the Kentucky Center for Instructional Discipline, the Education Professional Standards Board, the Council on Postsecondary Education, postsecondary teacher education programs, and other agencies and organizations as deemed appropriate to ensure that teachers are prepared to utilize evidence-based interventions in reading, writing, mathematics, and behavior.
  9. In compliance with 20 U.S.C. sec. 1414(a)(1) (E), screening of a student to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services and nothing in this section shall limit a school district from completing an initial evaluation of a student suspected of having a disability.
  10. By November 30, 2013, and annually thereafter, the department shall provide a report to the Interim Joint Committee on Education that includes survey data on the types of evidence-based research interventions being implemented by districts in reading, writing, mathematics, and behavior in kindergarten through grade three (3).

HISTORY: Enact. Acts 2012, ch. 45, § 1, effective July 12, 2012; 2017 ch. 156, § 2, effective April 10, 2017; 2018 ch. 88, § 2, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). 2018 Ky. Acts ch. 88, sec. 4 provides that 2018 Ky. Acts ch. 88 shall be known and may be cited as the “Ready to Read Act.” This statute was amended in Section 2 of that Act.

158.307. Dyslexia toolkit to assist school districts in instructing students with dyslexia — Professional development related to dyslexia — Local board of education policy to identify and assist students in kindergarten through grade three with dyslexia — Annual report — Study project.

  1. As used in this section:
    1. “Dyslexia” means a specific learning disability that is neurological in origin. It is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede the growth of vocabulary and background knowledge;
    2. “Evidence-based” has the same meaning as in 20 U.S.C. sec. 7801(21) ; and
    3. “Phonemic awareness” means the ability to recognize that a spoken word consists of a sequence of individual sounds and the ability to manipulate individual sounds in speaking.
  2. By January 1, 2019, the Department of Education shall make available a dyslexia toolkit that includes guidance, technical assistance, and training to assist all local school districts in the implementation of evidence-based practices for instructing students identified with or displaying characteristics of dyslexia.
  3. The dyslexia toolkit shall include but not be limited to the following guidance for local districts targeting students in kindergarten through grade three (3) who have been identified with or displaying characteristics of dyslexia:
    1. Evidence-based practices designed specifically for students with dyslexia;
    2. Characteristics of targeted instruction for dyslexia;
    3. Guidance on developing instructional plans for students with dyslexia;
    4. Best practices toward meaning-centered reading and writing;
    5. Structured multisensory and literacy approaches to teaching language and reading skills; and
    6. Suggested professional development activities.
  4. The department shall collaborate with the Education Professional Standards Board, Council on Postsecondary Education, and other groups as necessary to improve and update professional development opportunities for teachers specifically related to dyslexia. Professional development opportunities may focus on:
    1. Development and ongoing implementation of training and coaching for teachers;
    2. Identifying high-quality trainers to provide support to local districts utilizing a coaching model to develop building level dyslexia experts;
    3. Developing awareness training modules for all instructional staff to include information about characteristics of dyslexia; and
    4. Evidence-based interventions, structured multisensory and literacy approaches to teach language and reading skills, and accommodations for dyslexia and other specific learning disabilities.
  5. Each local board of education may develop a policy addressing the implementation of a program for the identification of and strategies for assisting students in kindergarten through grade three (3) with dyslexia.
  6. The local board policies may include but not be limited to:
    1. The definition and characteristics of dyslexia;
    2. A process for identifying students who are displaying characteristics of dyslexia;
    3. A process for the utilization of evaluation tools to accurately identify students who are displaying characteristics of dyslexia. Any qualified dyslexia evaluation tool utilized by a local district shall address but not be limited to the following components:
      1. Phonological awareness and phonemic awareness;
      2. Sound symbol recognition;
      3. Alphabet knowledge;
      4. Decoding skills;
      5. Encoding skills; and
      6. Rapid naming;
    4. A process for how evaluation tools are administered and evaluated by trained district personnel or licensed professionals;
    5. A process for outreach to parents of students identified with or displaying the characteristics of dyslexia with information and resource materials and how dyslexia may be addressed in the student’s educational setting;
    6. Identification of evidence-based interventions, structured multisensory and literacy approaches to teach language and reading skills, and accommodations that schools may utilize to provide services to students identified as having dyslexia; and
    7. A process for monitoring a student’s progress after the positive identification, including assessments to ascertain whether the intervention services improve the student’s language processing and reading skills.
  7. By June 30 of each year, each local school district that developed a policy addressing the implementation of a program for the identification of and strategies for assisting students in kindergarten through grade three (3) with dyslexia shall provide the department the following data for the current school year:
    1. The number of students in kindergarten through grade three (3) that were identified as displaying characteristics of dyslexia;
    2. The number of students in paragraph (a) of this subsection that were identified through the response-to-intervention process;
    3. The number of students in kindergarten through grade three (3) that were evaluated for dyslexia;
    4. The number of students in kindergarten through grade three (3) that were identified with dyslexia;
    5. The dyslexia evaluation tools used to identify students;
    6. The number of students in kindergarten through grade three (3) that were participating in interventions within the school setting;
    7. The process or tools used to evaluate student progress; and
    8. The number of trained district personnel or licensed professionals used to administer the dyslexia evaluation tools.
    1. The department shall establish a study project to gather information on early screening and intervention services for children with characteristics of dyslexia. The commissioner of education shall select three (3) school districts to participate in the study project, one (1) of which shall be located in an urban setting, one (1) of which shall be located in a suburban setting, and one (1) of which shall be located in a rural setting. (8) (a) The department shall establish a study project to gather information on early screening and intervention services for children with characteristics of dyslexia. The commissioner of education shall select three (3) school districts to participate in the study project, one (1) of which shall be located in an urban setting, one (1) of which shall be located in a suburban setting, and one (1) of which shall be located in a rural setting.
    2. The department shall establish guidelines and procedures for the study project.
    3. The study project shall operate for three (3) full school years, beginning with the school year that begins at least three (3) months after July 14, 2018.
    4. The goal of the study project shall be to evaluate the effectiveness of early reading assistance programs for children with characteristics of dyslexia.
    5. The commissioner may consult with recognized organizations that specialize in structured literacy programs for the treatment of dyslexia in establishing and operating the study project.
    6. The department shall submit a final report outlining the findings of the study to the Interim Joint Committee on Education by November 1 after the final academic year of the study project.

HISTORY: 2018 ch. 88, § 1, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). 2018 Ky. Acts ch. 88, sec. 4 provides that 2018 Ky. Acts ch. 88 shall be known and may be cited as the “Ready to Read Act.” This statute was created in Section 1 of that Act.

158.310. Permit — Requirements. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 168, § 2; 1964, ch. 194, § 2) was repealed by Acts 1982, ch. 350, § 1, effective July 15, 1982.

158.320. Centers, inspection of — Records to be kept — Reports to be made. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 168, § 3; 1964, ch. 194, § 3) was repealed by Acts 1982, ch. 350, § 1, effective July 15, 1982.

158.330. Board of education to make rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 168, § 4; 1964, ch. 194, § 4; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1982, ch. 350, § 1, effective July 15, 1982.

158.340. Fees, how credited in state treasury. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 168, § 5; 1964, ch. 194, § 5) was repealed by Acts 1982, ch. 350, § 1, effective July 15, 1982.

158.350. Advisory committee, appointment of — Duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 168, § 6, effective May 18, 1956) was repealed by Acts 1982, ch. 350, § 1, effective July 15, 1982.

158.355. Early childhood education — State policy. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 11, effective October 18, 1985) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

Preschool Programs

158.360. Family literacy services.

  1. The Office of Adult Education shall provide technical assistance to providers to develop family literacy services. The technical assistance shall be evaluated on a regular basis by contracted evaluators outside the program.
  2. The services shall:
    1. Provide parents with instruction in basic academic skills, life skills which include parenting skills, and employability skills;
    2. Provide the children with developmentally appropriate educational activities;
    3. Provide planned high-quality educational experiences requiring interaction between parents and their children;
    4. Be of sufficient intensity and duration to help move families to self- sufficiency and break the cycle of under education and poverty; and
    5. Be designed to reduce duplication with other educational providers to ensure high quality and efficient services.

History. Enact. Acts 1986, ch. 378, § 1, effective July 15, 1986; 1988, ch. 158, § 1, effective July 15, 1988; 1990, ch. 470, § 25, effective July 1, 1990; 1990, ch. 476, Pt. V, § 406, effective July 13, 1990; 1992, ch. 456, § 1, effective July 14, 1992; 1994, ch. 405, § 27, effective July 15, 1994; 1996, ch. 145, § 4, effective July 15, 1996; 1998, ch. 127, § 1, effective July 15, 1998; 2000, ch. 526, §§ 11, 26, effective July 14, 2000; 2006, ch. 211, § 87, effective July 12, 2006; 2019 ch. 146, § 28, effective June 27, 2019.

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 378, § 1, effective July 15, 1986; 1988, ch. 158, § 1, effective July 15, 1988) was repealed and reenacted by Acts 1976, ch. 476, Pt. V, § 406, effective July 13, 1990.

Legislative Research Commission Note.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts ch. 476, pursuant to Section 653(1) of Acts ch. 476.

Voter Education

158.380. Administration of voter education law. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 149, § 1, effective July 14, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.385. Instruction required in grades nine to twelve. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 149, § 2, effective July 14, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.390. Development of comprehensive statewide program for public schools. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 149, § 3, effective July 14, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.395. Local school district policy. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 149, § 4, effective July 14, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

Alcohol and Drug Education

158.405. Administration — Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 392, § 2; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.410. Instruction. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 392, § 3) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.415. Development of program — Curricula. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 392, § 4) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.420. Teacher’s and administrator’s training programs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 392, § 5) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.425. Policy of local school district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 392, § 6; 1978, ch. 155, § 83, effective June 17, 1978) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.430. Teacher’s assistants permitted. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 392, § 7) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

School Safety and School Discipline

158.440. Legislative findings on school safety and order.

The General Assembly finds that:

  1. Every student should have access to a safe, secure, and orderly school that is conducive to learning;
  2. All schools and school districts must have plans, policies, and procedures dealing with measures for assisting students who are at risk of academic failure or of engaging in disruptive and disorderly behavior; and
  3. State and local resources are needed to enlarge the capacities for research, effective programming, and program evaluation that lead to success in addressing safety and discipline within the schools.

History. Enact. Acts 1998, ch. 493, § 1, effective April 10, 1998.

NOTES TO UNPUBLISHED DECISIONS

1. Immunity.

School principal was not entitled to qualified immunity in a personal injury case because the maintenance of a parking lot was ministerial in nature; the principal was responsible for all facets of operations at the school, and he had a ministerial duty to maintain the parking lots in a safe manner consistent with KRS 158.440(1). Hurt v. Parker, 2013 Ky. App. Unpub. LEXIS 1010 (Ky. Ct. App. Jan. 4, 2013).

158.441. Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

  1. “Intervention services” means any preventive, developmental, corrective, supportive services or treatment provided to a student who is at risk of school failure, is at risk of participation in violent behavior or juvenile crime, or has been expelled from the school district. Services may include, but are not limited to, screening to identify students at risk for emotional disabilities and antisocial behavior; direct instruction in academic, social, problem solving, and conflict resolution skills; alternative educational programs; psychological services; identification and assessment of abilities; counseling services; medical services; day treatment; family services; work and community service programs;
  2. “Kentucky State Police school resource officer” or “KSPSRO” means a Kentucky State Police officer, CVE R Class, or Trooper R Class, as defined in KRS 16.010 , who is employed by a school district as a school resource officer, as defined in this section, through a contract as secondary employment for the officer;
  3. “School activities” means official school functions held on school property, including student attendance days as defined in KRS 158.070 , athletic events, and graduation;
  4. “School property” means any public school building, public school vehicle, public school campus, grounds, recreational area, or athletic field in the charge of the school district;
  5. “School resource officer” or “SRO” means an officer whose primary job function is to work with youth at a school site as described in KRS 158.4414 , who has specialized training to work with youth at a school site pursuant to KRS 158.4414 , and who is:
      1. A sworn law enforcement officer; or (a) 1. A sworn law enforcement officer; or
      2. A special law enforcement officer appointed pursuant to KRS 61.902 ; and
    1. Employed:
      1. Through a contract between a local law enforcement agency and a school district;
      2. Through a contract as secondary employment for an officer, as defined in KRS 16.010 , between the Department of Kentucky State Police and a school district; or
      3. Directly by a local board of education;
  6. “School safety” means a program of prevention that protects students and staff from substance abuse, violence, bullying, theft, the sale or use of illegal substances, exposure to weapons and threats on school grounds, and injury from severe weather, fire, and natural disasters; and
  7. “School security” means procedures followed and measures taken to ensure the security of school buildings, classrooms, and other school facilities and properties.

HISTORY: Enact. Acts 1998, ch. 493, § 2, effective April 10, 1998; 2014, ch. 132, § 13, effective July 15, 2014; 2018 ch. 171, § 4, effective April 14, 2018; 2018 ch. 207, § 4, effective April 27, 2018; 2019 ch. 5, § 1, effective March 11, 2019; 2019 ch. 197, § 1, effective April 9, 2019; 2020 ch. 5, § 1, effective February 21, 2020.

Legislative Research Commission Notes.

(3/11/2019). 2019 Ky. Acts ch. 5, sec. 24 states that Sections 1 to 23 of that Act shall be known and may be cited as the School Safety and Resiliency Act. This statute was amended in Section 1 of that Act.

158.4410. State school security marshal, duties and responsibilities — Marshal appointed by and reporting to the commissioner of the Department of Criminal Justice Training — Annual report to the Center for School Safety, the Legislative Research Commission, and the Kentucky Board of Education — School security risk assessment tool, purpose — Areas considered when evaluating school security — Annual verification of completion of state security risk assessment — Additional mandatory training, when required.

  1. There is established within the Department of Criminal Justice Training the office of the state school security marshal. The state school security marshal shall enhance school safety by monitoring school safety and security initiatives, developing reasonable training and other guidelines, developing a school security risk assessment tool pursuant to subsection (5) of this section, and ensuring compliance with the provisions of subsection (7) of this section and KRS 158.162(3).
  2. The office of the state school security marshal shall conduct on-site reviews to ensure compliance with subsection (7) of this section and KRS 158.162(3) as deemed necessary by the state school security marshal.
  3. The state school security marshal shall be appointed by and report to the commissioner of the Department of Criminal Justice Training.
  4. By September 1 of each year the state school security marshal shall present an annual report to the board of the Center for School Safety which shall consist of a summary of the findings and recommendations made regarding the school safety and security activity of the previous school year and other items of significance as determined by the Center for School Safety or the Department of Criminal Justice Training. Once presented, the annual report information shall also be submitted to the Legislative Research Commission and the Kentucky Board of Education.
  5. By July 1, 2020, the state school security marshal shall develop and update as necessary a school security risk assessment tool in collaboration with the Center for School Safety and the Kentucky Department of Education to be used by local school districts to identify threats, vulnerabilities, and appropriate safety controls for each school within the district. The tool shall be approved by the board of directors of the Center for School Safety pursuant to KRS 158.443(9)(b) and used by local school administrators when completing a school security risk assessment in accordance with this section.
  6. The assessment tool shall enable administrators to evaluate school security compared to best practices and standards in a minimum of the following areas:
    1. School emergency and crisis preparedness planning;
    2. Security, crime, and violence prevention policies and procedures;
    3. Physical security measures;
    4. Professional development training needs;
    5. Support service roles in school safety, security, and emergency and crisis preparedness planning;
    6. School resource officer staffing, operational practices, and related services;
    7. School and community collaboration on school security; and
    8. An analysis of the cost effectiveness of recommended physical security controls.
  7. No later than July 15, 2021, and each subsequent year, the local district superintendent shall send verification to the state school security marshal and the Kentucky Department of Education that all schools within the district have completed the school security risk assessment for the previous year. School security risk assessments shall be excluded from the application of KRS 61.870 to 61.884 pursuant to KRS 61.878(1)(m).
  8. Beginning with the 2021-2022 school year and each subsequent year, any school that has not completed a school security risk assessment in the previous year shall be required to provide additional mandatory training as established by the Department of Criminal Justice Training for all staff employed at the school.

HISTORY: 2019 ch. 5, § 4, effective March 11, 2019.

158.4412. Appointment of district’s school safety coordinator — School safety coordinator’s functions and duties — Policies and procedures excluded from application of KRS 61.870 to 61.884 — Limitation of civil and criminal liability for school district, school safety coordinator, and school employees acting in good faith.

  1. Beginning with the 2019-2020 school year, each local school district superintendent shall appoint an individual to serve as the district’s school safety coordinator and primary point of contact for public school safety and security functions.
  2. The district’s school safety coordinator shall:
    1. Complete the school safety coordinator training program developed by the Center for School Safety within six (6) months of his or her date of appointment;
    2. Designate a school safety and security threat assessment team at each school of the district consisting of two (2) or more staff members in accordance with policies and procedures adopted by the local board of education to identify and respond to students exhibiting behavior that indicates a potential threat to school safety or security. Members of a threat assessment team may include school administrators, school counselors, school resource officers, school-based mental health services providers, teachers, and other school personnel;
    3. Provide training to school principals within the district on procedures for completion of the school security risk assessment required pursuant to KRS 158.4410 ;
    4. Review all school security risk assessments completed within the district and prescribe recommendations as needed in consultation with the state school security marshal;
    5. Advise the local school district superintendent by July 1, 2021, and annually thereafter of completion of required security risk assessments;
    6. Formulate recommended policies and procedures, which shall be excluded from the application of KRS 61.870 to 61.884 , for an all-hazards approach including conducting emergency response drills for hostage, active shooter, and building lockdown situations in consultation and coordination with appropriate public safety agencies to include but not be limited to fire, police, and emergency medical services for review and adoption as part of the school emergency plan required by KRS 158.162 . The recommended policies shall encourage the involvement of students, as appropriate, in the development of the school’s emergency plan; and
    7. Ensure each school campus is toured at least once per school year, in consultation and coordination with appropriate public safety agencies, to review policies and procedures and provide recommendations related to school safety and security.
  3. The school district, school safety coordinator, and any school employees participating in the activities of a school safety and security threat assessment team, acting in good faith upon reasonable cause in the identification of students pursuant to subsection (2)(b) of this section shall be immune from any civil or criminal liability that might otherwise be incurred or imposed from:
    1. Identifying the student and implementing a response pursuant to policies and procedures adopted under subsection (2)(b) of this section; or
    2. Participating in any judicial proceeding that results from the identification.

HISTORY: 2019 ch. 5, § 5, effective March 11, 2019; 2020 ch. 5, § 2, effective February 21, 2020.

158.4414. Cooperation of school personnel with local and state law enforcement agencies in efforts to assign certified school resource officers to each campus as funds and personnel become available — Memorandum of understanding between local boards of education and law enforcement agencies or the Kentucky State Police — Policies and procedures stating the purpose of the school resource officer program and defining roles and expectations — School resource officer to be armed with firearm — Promulgation of administrative regulations establishing levels of training for certification of school resource officers — Course curriculum, specifications for training requirements, and consequences for deficiencies in required training — Officers to regain certification status upon completion of training deficiency — Local school district superintendents to report annually to the Center for School Safety upon the number and placement of school resource officers in the district, source of funding, and methods of employment for each position.

  1. Local boards of education, school district superintendents, administrators of state-controlled facilities, and local and state law enforcement agencies shall cooperate to assign one (1) or more certified school resource officers to serve each campus where one (1) or more school buildings are used to deliver instruction to students on a continuous basis as funds and qualified personnel become available.
  2. Local boards of education utilizing a school resource officer employed by a law enforcement agency or the Department of Kentucky State Police shall enter into a memorandum of understanding with the law enforcement agency or the Department of Kentucky State Police that specifically states the purpose of the school resource officer program and clearly defines the roles and expectations of each party involved in the program. The memorandum shall provide that the school resource officer shall not be responsible for school discipline matters that are the responsibility of school administrators or school employees.
  3. Local boards of education utilizing a school resource officer employed directly by the local board of education shall adopt policies and procedures that specifically state the purpose of the school resource officer program and clearly define the roles and expectations of school resource officers and other school employees.
  4. In accordance with KRS 61.926 , 527.020 , and 527.070 , as applicable, each school resource officer shall be armed with a firearm, notwithstanding any provision of local board policy, local school council policy, or memorandum of agreement.
  5. On or before January 1, 2020, the Kentucky Law Enforcement Council, in collaboration with the Center for School Safety, shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish three (3) levels of training for certification of school resource officers first employed as a school resource officer on or after March 11, 2019: School Resource Officer Training I (SRO I), School Resource Officer Training II (SRO II), and School Resource Officer Training III (SRO III). Each level shall consist of forty (40) hours of training, with SRO I to be completed within one (1) year of the date of the officer’s employment and SRO II and SRO III within the subsequent two (2) years.
  6. Course curriculum for school resource officers employed on or after March 11, 2019, shall include but not be limited to:
    1. Foundations of school-based law enforcement;
    2. Threat assessment and response;
    3. Youth drug use and abuse;
    4. Social media and cyber security;
    5. School resource officers as teachers and mentors;
    6. Youth mental health awareness;
    7. Diversity and bias awareness training;
    8. Trauma-informed action;
    9. Understanding students with special needs; and
    10. De-escalation strategies.
  7. Effective January 1, 2020, all school resource officers with active school resource officer certification status shall successfully complete forty (40) hours of annual in-service training that has been certified or recognized by the Kentucky Law Enforcement Council for school resource officers.
  8. In the event of extenuating circumstances beyond the control of an officer that prevent the officer from completing the in-service training within one (1) year, the commissioner of the Department of Criminal Justice Training or a designee may grant the officer an extension of time, not to exceed one hundred eighty (180) days, in which to complete the training.
  9. Any school resource officer who fails to successfully complete training requirements within the specified time periods, including any approved time extensions, shall lose his or her school resource officer certification and shall no longer serve in the capacity of a school resource officer in a school.
  10. When a school resource officer is deficient in required training, the commissioner of the Department of Criminal Justice Training or his or her designee shall notify the council, which shall notify the officer and the officer’s employing agency.
  11. A school resource officer who has lost school resource officer certification due solely to the officer’s failure to meet the training requirements of this section may regain certification status as a school resource officer and may resume service in the capacity of a school resource officer in a school setting upon successful completion of the training deficiency.
  12. No later than November 1 of each year, the local school district superintendent shall report to the Center for School Safety the number and placement of school resource officers in the district. The report shall include the source of funding and method of employment for each position.

HISTORY: 2019 ch. 5, § 6, effective March 11, 2019; 2020 ch. 5, § 3, effective February 21, 2020.

158.4415. Kentucky State Police school resource officer (KSPSRO), specifications for employment as a school resource office by a school district — When officer considered an employee of the school district and when an employee of the Kentucky State Police — Duties and prohibited activities — Funding of position — Rights, privileges, immunities, and matters of defense protected.

  1. A KSPSRO shall possess sworn law enforcement authority and shall be trained in school-based policing and crisis response including all training required of school resource officers. If a school district decides to utilize a KSPSRO, the school district and the officer shall first enter into a memorandum of understanding that clarifies the purpose of the KSPSRO program and the roles and expectations of the participating entities. Any contract entered into pursuant to this subsection shall include:
    1. A provision specifying that the KSPSRO shall follow the policies and procedures of the Department of Kentucky State Police and shall abide by federal, state, and local laws. The responsibility and decision to arrest or take other police action lies solely with the KSPSRO, respective to state law and the KSPSRO’s departmental standard operating procedures or standing order. The KSPSRO’s continual collaboration with school personnel and his or her understanding of each student’s needs may impact the decision to arrest or take other police action, but the responsibility is that of the KSPSRO;
    2. A provision stipulating that the KSPSRO shall be an employee of the school district, but shall revert to Department of Kentucky State Police employee status during such time that the KSPSRO takes police action pursuant to state or federal law. The KSPSRO shall be under the immediate supervision and direction of the Department of Kentucky State Police when taking police action;
    3. A provision stipulating that the school district shall be responsible for worker’s compensation coverage for the KSPSRO; and
    4. A provision detailing how liability coverage will be provided for any acts or omissions of the KSPSRO within the scope of his or her duties.
    1. A KSPSRO shall promote the safety and security of students and school personnel during school activities and on school property. (2) (a) A KSPSRO shall promote the safety and security of students and school personnel during school activities and on school property.
    2. A KSPSRO may assist with supportive activities and programs, including but not limited to:
      1. Planning and implementing procedures that train and drill all school personnel to respond to crisis events, control access to the school property during the school day, and close or partially close the school property after students arrive;
      2. Identifying risk and protective factors of students; and
      3. Coordinating nurturing intervention and prevention efforts.
    3. A KSPSRO shall not address school discipline issues that do not constitute crimes or that do not impact the immediate health or safety of the students or school personnel.
    4. A KSPSRO shall not administer formal school discipline such as detentions, suspensions, or expulsions. These decisions are the sole responsibility of school personnel.
  2. Notwithstanding KRS Chapter 11A, the KSPSRO shall wear the uniform and utilize the vehicles, firearms, ammunition, and equipment issued to him or her by the Department of Kentucky State Police or other agency-authorized clothing or equipment. In the event additional weapons or gear is utilized than that which is carried on his or her person, the storage of these items shall be defined by the Department of Kentucky State Police. If a vehicle or equipment is damaged during the scope of a KSPSRO’s secondary employment with the school district, but not while the KSPSRO is engaged in police action, the school district is responsible for restitution to the Department of Kentucky State Police.
  3. Notwithstanding subsection (2) of this section, a KSPSRO shall be deemed an employee of the Department of Kentucky State Police for all purposes whenever engaged in any police action, including arrests, searches and seizures, uses of force, issuing citations, serving warrants, pursuing suspects, or investigating criminal offenses or vehicle accidents.
  4. Nothing in this section shall be construed to require the Department of Kentucky State Police to assign or provide funding for KSPSROs.
  5. Nothing in this section shall be deemed to waive or otherwise limit the rights, privileges, immunities, and matters of defense, now available or hereafter made available, to school districts, the Department of Kentucky State Police, any local law enforcement agency, any KSPSRO, or any school resource officer in any suit brought against them in consequence of acts or omissions.

HISTORY: 2019 ch. 197, § 2, effective April 9, 2019.

158.4416. Trauma-informed approach to education — Definitions — Goals for employment of school-based counselors — School counselor or school-based mental health services provider to facilitate creation of trauma-informed team — Training and guidance of school personnel to assist in recognizing and dealing with issues of student trauma — Collaboration for provision of services between two or more school districts or between school districts and educational cooperatives, or other public or private entities — Annual report to department of number and placement of school counselors in each district, source of funding, summary of job duties, and percentage of time devoted to each duty — Department of Education to make available toolkits to develop trauma-informed approach in schools — Plan and strategies for implementing trauma-informed approach.

  1. For purposes of this section:
    1. “School counselor” means an individual who holds a valid school counselor certificate issued in accordance with the administrative regulations of the Education Professional Standards Board;
    2. “School-based mental health services provider” means a licensed or certified school counselor, school psychologist, school social worker, or other qualified mental health professional as defined in KRS 202A.011 ; and
    3. “Trauma-informed approach” means incorporating principles of trauma awareness and trauma-informed practices, as recommended by the federal Substance Abuse and Mental Health Services Administration, in a school in order to foster a safe, stable, and understanding learning environment for all students and staff and ensuring that all students are known well by at least one (1) adult in the school setting.
  2. The General Assembly recognizes that all schools must provide a place for students to feel safe and supported to learn throughout the school day, and that any trauma a student may have experienced can have a significant impact on the ability of a student to learn. The General Assembly directs all public schools to adopt a trauma-informed approach to education in order to better recognize, understand, and address the learning needs of students impacted by trauma and to foster a learning environment where all students, including those who have been traumatized, can be safe, successful, and known well by at least one (1) adult in the school setting.
    1. Beginning July 1, 2021, or as funds and qualified personnel become available: (3) (a) Beginning July 1, 2021, or as funds and qualified personnel become available:
      1. Each school district and each public charter school shall employ at least one (1) school counselor in each school with the goal of the school counselor spending sixty percent (60%) or more of his or her time providing counseling and related services directly to students; and
      2. It shall be the goal that each school district and each public charter school shall provide at least one (1) school counselor or school-based mental health services provider who is employed by the school district for every two hundred fifty (250) students, including but not limited to the school counselor required in subparagraph 1. of this paragraph.
    2. A school counselor or school-based mental health services provider at each school shall facilitate the creation of a trauma-informed team to identify and assist students whose learning, behavior, and relationships have been impacted by trauma. The trauma-informed team may consist of school administrators, school counselors, school-based mental health services providers, family resource and youth services coordinators, school nurses, and any other school or district personnel.
    3. Each school counselor or school-based mental health services provider providing services pursuant to this section, and the trauma-informed team members described in paragraph (b) of this subsection, shall provide training, guidance, and assistance to other administrators, teachers, and staff on:
      1. Recognizing symptoms of trauma in students;
      2. Utilizing interventions and strategies to support the learning needs of those students; and
      3. Implementing a plan for a trauma-informed approach as described in subsection (5) of this section.
      1. School districts may employ or contract for the services of school-based mental health services providers to assist with the development and implementation of a trauma-informed approach and the development of a trauma-informed team pursuant to this subsection and to enhance or expand student mental health support services as funds and qualified personnel become available. (d) 1. School districts may employ or contract for the services of school-based mental health services providers to assist with the development and implementation of a trauma-informed approach and the development of a trauma-informed team pursuant to this subsection and to enhance or expand student mental health support services as funds and qualified personnel become available.
      2. School-based mental health services providers may provide services through a collaboration between two (2) or more school districts or between school districts and educational cooperatives or any other public or private entities, including but not limited to local or regional mental health day treatment programs.
    4. No later than November 1, 2019, and each subsequent year, the local school district superintendent shall report to the department the number and placement of school counselors in the district. The report shall include the source of funding for each position, as well as a summary of the job duties and work undertaken by each counselor and the approximate percent of time devoted to each duty over the course of the year.
  3. On or before July 1, 2020, the Department of Education shall make available a toolkit that includes guidance, strategies, behavioral interventions, practices, and techniques to assist school districts and public charter schools in developing a trauma-informed approach in schools.
  4. On or before July 1, 2021, each local board of education and board of a public charter school shall develop a plan for implementing a trauma-informed approach in its schools. The plan shall include but not be limited to strategies for:
    1. Enhancing trauma awareness throughout the school community;
    2. Conducting an assessment of the school climate, including but not limited to inclusiveness and respect for diversity;
    3. Developing trauma-informed discipline policies;
    4. Collaborating with the Department of Kentucky State Police, the local sheriff, and the local chief of police to create procedures for notification of trauma-exposed students; and
    5. Providing services and programs designed to reduce the negative impact of trauma, support critical learning, and foster a positive and safe school environment for every student.

HISTORY: 2019 ch. 5, § 16, effective March 11, 2019; 2020 ch. 5, § 4, effective February 21, 2020.

158.442. Center for School Safety — Duties — School safety coordinator training program — Members of board — Center for School Safety and its board of directors not subject to reorganization by the Governor.

  1. The General Assembly hereby authorizes the establishment of the Center for School Safety. The center’s mission shall be to serve as the central point for data analysis; research; dissemination of information about successful school safety and school security programs, best practices, training standards, research results, and new programs; and, in collaboration with the Department of Education and others, to provide technical assistance for safe schools.
  2. To fulfill its mission, the Center for School Safety shall:
    1. Establish a clearinghouse for information and materials concerning school violence prevention;
    2. Provide program development and implementation expertise and technical support to schools, law enforcement agencies, and communities, which may include coordinating training for administrators, teachers, students, parents, and other community representatives;
    3. Analyze the data collected in compliance with KRS 158.444 ;
    4. Research and evaluate school safety programs so schools and communities are better able to address their specific needs;
    5. Administer a school safety grant program for local districts as directed by the General Assembly;
    6. Promote the formation of interagency efforts to address discipline and safety issues within communities throughout the state in collaboration with other postsecondary education institutions and with local juvenile delinquency prevention councils;
    7. Prepare and disseminate information regarding best practices in creating safe and effective schools;
    8. Advise the Kentucky Board of Education on administrative policies and administrative regulations relating to school safety and security;
    9. Beginning July 1, 2020 and by July 1 of each subsequent year, provide an annual report to the Governor, the Kentucky Board of Education, and the Interim Joint Committee on Education regarding the status of school safety in Kentucky, including the number and placement of school resource officers working in school districts in Kentucky and the source of funding and method of employment for each position in accordance with KRS 158.4414 ;
    10. Develop and implement a school safety coordinator training program based on national and state best practices in collaboration with the Kentucky Department of Education for school safety coordinators appointed pursuant to KRS 158.4412 . The training shall be approved by the board of directors of the Center for School Safety and include instruction on at least the following:
      1. Policies and procedures for conducting emergency response drills using an all-hazards approach including hostage and active shooter situations;
      2. Identification and response to threats to school safety and security; and
      3. Preparing for, conducting, and reviewing school security risk assessments in accordance with KRS 158.4410 ; and
    11. Award a school safety coordinator certificate of completion to a school safety coordinator upon satisfactory completion of the training program.
  3. The Center for School Safety shall be governed by a board of directors consisting of fifteen (15) members. Members shall consist of:
    1. The commissioner or a designee of the Department of Education;
    2. The secretary or a designee of the Cabinet for Health and Family Services;
    3. The commissioner or a designee of the Department for Behavioral Health, Developmental and Intellectual Disabilities;
    4. The commissioner or a designee of the Department of Kentucky State Police;
    5. The commissioner or a designee of the Department of Criminal Justice Training;
    6. The executive director or a designee of the Kentucky Office of Homeland Security;
    7. A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky League of Cities;
    8. A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky School Boards Association;
    9. A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky Association of School Superintendents;
    10. A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky Association of School Resource Officers;
    11. A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky Education Association;
    12. A  representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky School Nurses Association;
    13. A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky Association for Psychology in the Schools;
    14. A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky School Counselor Association; and
    15. A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky Parent Teacher Association.
  4. Notwithstanding KRS 12.028 , the Center for School Safety and its board of directors shall not be subject to reorganization by the Governor.

History. Enact. Acts 1998, ch. 493, § 3, effective April 10, 1998; 2000, ch. 14, § 11, effective July 14, 2000; 2006, ch. 211, § 84, effective July 12, 2006; 2009, ch. 11, § 48, effective June 25, 2009; 2012, ch. 146, § 14, effective July 12, 2012; 2012, ch. 158, § 10, effective July 12, 2012; 2019 ch. 5, § 2, effective March 11, 2019.

Legislative Research Commission Notes.

(7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158, which do not appear to be in conflict and have been codified together.

(7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158, which do not appear to be in conflict and have been codified together.

158.443. Terms of board members — Meetings — Selection of administrator for the center — Duties of board of directors.

  1. Each nonstate-government employee member of the board of directors for the Center for School Safety shall serve a term of four (4) years or until his or her successor is duly qualified. A member may be reappointed, but shall not serve more than two (2) consecutive terms.
  2. The members who are nonstate-government employees shall be reimbursed for travel, meals, and lodging and expenses relating to official duties of the board from funds appropriated for this purpose.
  3. The board of directors shall meet a minimum of four (4) times per year. The board of directors shall be attached to the Office of the Secretary of the Education and Workforce Development Cabinet for administrative purposes.
  4. The board of directors shall annually elect a chair and vice chair from the membership. The board may form committees as needed.
  5. The board of directors shall appoint an executive director for the Center for School Safety and establish all positions for appointment by the executive director.
  6. Using a request-for-proposal process, the board of directors shall select a public university or a nonprofit education entity to administer the Center for School Safety for a period of not less than four (4) years unless funds for the center are not appropriated or the board determines that the administrator for the center is negligent in carrying out its duties as specified in the request for proposal and contract. The administrator for the center shall be the fiscal agent for the center and:
    1. Receive funds based on the approved budget by the board of directors and the General Assembly’s appropriation for the center. The center shall operate within the fiscal policies of the administrator of the center and in compliance with policies established by the board of directors per the request for proposal and contract; and
    2. Employ the staff of the center who shall have the retirement and employee benefits granted other similar employees of the administrator of the center.
  7. The board of directors shall annually approve:
    1. A work plan for the center;
    2. A budget for the center;
    3. Operating policies as needed; and
    4. Recommendations for grants to local school districts and schools to assist in the development of programs and individualized approaches to work with violent, disruptive, or academically at-risk students, and consistent with provisions of KRS 158.445 .
  8. The board of directors shall prepare a biennial budget request to support the Center for School Safety and to provide program funds for local school district grants.
  9. The board of directors shall additionally:
    1. Approve a school safety coordinator training program developed by the Center for School Safety in accordance with KRS 158.442 ;
    2. Approve a school security risk assessment tool and updates as necessary in accordance with KRS 158.4410 to be incorporated by reference within an administrative regulation promulgated in accordance with KRS Chapter 13A; and
    3. Within one (1) year of March 11, 2019, review the organizational structure and operations of the Center for School Safety and provide recommendations, as needed, for improvements in its organizational and operational performance.
  10. The board shall develop model interagency agreements between local school districts and other local public agencies, including, among others, health departments, departments of social services, mental health agencies, and courts, in order to provide cooperative services and sharing of costs for services to students who are at risk of school failure, are at risk of participation in juvenile crime, or have been expelled from the school district.

History. Enact. Acts 1998, ch. 493, § 4, effective April 10, 1998; 2006, ch. 211, § 88, effective July 12, 2006; 2009, ch. 11, § 49, effective June 25, 2009; 2019 ch. 5, § 3, effective March 11, 2019.

158.444. Administrative regulations relating to school safety — Role of Department of Education to maintain statewide data collection system — Reportable incidents — Annual statistical reports — Confidentiality.

  1. The Kentucky Board of Education shall promulgate appropriate administrative regulations relating to school safety, student discipline, and related matters.
  2. The Kentucky Department of Education shall:
    1. Collaborate with the Center for School Safety in carrying out the center’s mission;
    2. Establish and maintain a statewide data collection system by which school districts shall report by sex, race, and grade level:
        1. All incidents of violence and assault against school employees and students; 1. a. All incidents of violence and assault against school employees and students;
        2. All incidents of possession of guns or other deadly weapons on school property or at school functions;
        3. All incidents of the possession or use of alcohol, prescription drugs, or controlled substances on school property or at school functions; and
        4. All incidents in which a student has been disciplined by the school for a serious incident, including the nature of the discipline, or charged criminally for conduct constituting a violation of any offense specified in KRS Chapter 508; KRS 525.070 occurring on school premises, on school-sponsored transportation, or at school functions; or KRS 525.080 ;
      1. The number of arrests, the charges, and whether civil damages were pursued by the injured party;
      2. The number of suspensions, expulsions, and corporal punishments; and
      3. Data required during the assessment process under KRS 158.445 ; and
    3. Provide all data collected relating to this subsection to the Center for School Safety according to timelines established by the center.
  3. The Department of Education shall provide the Office of Education Accountability and the Education Assessment and Accountability Review Subcommittee with an annual statistical report of the number and types of incidents reported under subsection (2)(b) of this section. The report shall include all monthly data and cumulative data for each reporting year. Reportable incidents shall be grouped in the report in the same manner that the reportable incidents are grouped in subsection (2)(b)1. of this section. Data in the report shall be sorted by individual school district, then by individual schools within that district, and then by individual grades within each school. The report shall not contain information personally identifying any student. The reporting period shall be for an academic year, and shall be delivered no later than August 31 of each year.
  4. All personally identifiable student data collected pursuant to subsection (2)(b) of this section shall be subject to the confidentiality provisions of the Kentucky Family Education Rights and Privacy Act, KRS 160.700 to 160.730 , and to the federal Family Educational Rights and Privacy Act, 20 U.S.C. sec. 1232 g, and its implementing regulations.
  5. Parents, legal guardians, or other persons exercising custodial control or supervision shall have the right to inspect or challenge the personally identifiable student records as permitted under the Kentucky Family Education Rights and Privacy Act and the federal Family Educational Rights and Privacy Act and implementing regulations.
  6. Data collected under this section on an individual student committing an incident reportable under subsection (2)(b)1. of this section shall be placed in the student’s disciplinary record.

History. Enact. Acts 1998, ch. 493, § 5, effective April 10, 1998; 2008, ch. 125, § 2, effective July 15, 2008.

Research References and Practice Aids

Kentucky Bench & Bar.

Chenoweth and Chenoweth, Education Law: I’m Going to Beat You Up!: Reporting Student Conduct Under “the Bullying Bill”, Vol. 72, No. 6, November 2008, Ky. Bench & Bar 10.

158.445. Local assessment of school safety and school discipline — District assessment — Local plans.

  1. Each local school shall begin an assessment of school safety and student discipline during the 1998-1999 school year including a review of the following:
    1. Reports of school incidents relating to disruptive behaviors;
    2. The school’s behavior and discipline codes for clarity and appropriate notice to students and parents;
    3. The school’s hierarchy of responses to discipline problems and actual disciplinary outcomes;
    4. Training needs for instructional staff in classroom management, student learning styles, and other specialized training to enhance teachers’ capacity to engage students and minimize disruptive behavior;
    5. The array of school services to students at risk of academic failure, dropping out, or truancy;
    6. The engagement of parents at the earliest stages of problem behavior;
    7. Training needs for students in the development of core values and qualities of good character, anger reduction, conflict resolution, peer mediation, and other necessary skills;
    8. Training needs of parents;
    9. Existing school council policies relating to student discipline and student information;
    10. The school’s physical environment;
    11. The school’s student supervision plan;
    12. Existing components of the school improvement plan or consolidated plan that focus on school safety and at-risk students, and the effectiveness of the components; and
    13. Other data deemed relevant by the school council or school administration.
  2. By May 15, 1999, each local school district shall complete a district-level assessment of district-level data, resources, policies and procedures, and district-wide needs as identified from the individual school assessment process. The district shall engage local community agencies including law enforcement and the courts in the assessment process.
  3. As a result of the district assessment and analysis of data, resources, and needs, each board of education shall adopt a plan for immediate and long-term strategies to address school safety and discipline. The development of the plan shall involve at least one (1) representative from each school in the district as well as representatives from the community as a whole, including representatives from the local juvenile delinquency prevention council if a council exists in that community. The process of planning shall be determined locally depending to a large extent on the size and characteristics of the district.
  4. The district plan under subsection (3) of this section shall be the basis for any request for funds under the state school safety grant program for 1999-2000 and subsequent years. The district plan shall include the local code of acceptable behavior and discipline as required under KRS 158.148 and a description of instructional placement options for threatening or violent students.

A school that does not complete an assessment process shall not be eligible for funds under the state school safety grant program in 1999-2000 and subsequent years.

History. Enact. Acts 1998, ch. 493, § 6, effective April 10, 1998; 2000, ch. 162, § 6, effective July 14, 2000.

158.4451. The Kentucky Office of Homeland Security, after collaboration with others, shall make available an anonymous reporting tool to allow students, parents, and community members to supply information about potentially harmful, dangerous, or criminal activities to public safety agencies and school officials — Goal is to facilitate widespread awareness of the reporting tool and to provide a comprehensive training and awareness program on the use of the tool.

  1. By July 1, 2019, the Kentucky Office of Homeland Security, after collaborating with the Center for School Safety, the Kentucky Department of Education, the Department of Criminal Justice Training, and the Department of Kentucky State Police, shall make available to each local school district an anonymous reporting tool that allows students, parents, and community members to anonymously supply information concerning unsafe, potentially harmful, dangerous, violent, or criminal activities, or the threat of these activities, to appropriate public safety agencies and school officials. The reporting tool shall be accessible at least by telephone call, electronic e-mail, and a mobile device application.
  2. The reporting tool shall notify the reporting individual of the following:
    1. The reporting individual may supply the information anonymously; and
    2. If the individual chooses to disclose his or her identity, that information shall be shared with the appropriate law enforcement agency and school officials. Law enforcement and school officials shall be required to maintain the information as confidential.
  3. Information reported using the tool shall immediately be sent to the administration of each school district affected and the law enforcement agencies responsible for protection of those school districts, including but not limited to the local sheriff’s office, the local city police department, and the Kentucky State Police.
  4. Law enforcement dispatch centers, school districts, schools, and other entities identified by the Kentucky Office of Homeland Security shall be made aware of the reporting tool.
  5. The Kentucky Office of Homeland Security, in collaboration with the Center for School Safety, the Kentucky Department of Education, the Department of Criminal Justice Training, and the Department of Kentucky State Police, shall develop and provide a comprehensive training and awareness program on the use of the anonymous reporting tool.

HISTORY: 2019 ch. 5, § 21, effective March 11, 2019.

158.446. Use of appropriated funds.

Of the funds appropriated to support the school safety fund program in the biennial budget, twenty percent (20%) of the funds in 1998-99, and ten percent (10%) in 1999-2000, shall be used for the operation of the Center for School Safety and grants to be distributed by the Center to support exemplary programs in local school districts. The remainder of the appropriation shall be distributed to local school districts on a per pupil basis. The funds shall be used for the purpose of improving school safety and student discipline through alternative education programs and intervention services in compliance with KRS 158.148 , 158.150 , and 158.445 . School districts shall be responsible for documenting the purposes for which these funds were expended.

History. Enact. Acts 1998, ch. 493, § 7, effective April 10, 1998.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (4) at 870.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (12) at 1060.

158.4461. The General Assembly finds that private financial and philanthropic support of public school districts by all members of the community fosters student success, safety, and well-being — The General Assembly encourages the organization of foundations under KRS Chapter 273 to support public school districts in any district for which no such foundation exists.

  1. The board of directors of any public school district foundation, or foundation formed exclusively to benefit a particular public school, organized as a nonstock, nonprofit corporation under KRS Chapter 273 and that is either in existence on March 11, 2019, or incorporated after March 11, 2019, may accept gifts or donations that are restricted by the grantor to be used in furtherance of lawful school safety, security, and student health purposes to the extent allowed by applicable federal tax laws. The board of directors shall use gifts or donations exclusively for the purpose for which they are granted.
  2. The General Assembly hereby finds and declares that private financial and philanthropic support of public school districts by all members of the community fosters greater student success, safety, and wellbeing. To advance these goals, the General Assembly hereby encourages the organization of foundations to support public school districts in any district for which no foundation exists on March 11, 2019, under KRS Chapter 273 relating to nonstock, nonprofit corporations.
  3. Pursuant to KRS 160.580 , a local board of education may directly accept gifts or donations that are restricted by the grantor to be used in furtherance of lawful school safety, security, and student health purposes to the extent allowed by applicable laws and shall use any accepted gift or donation for the purpose for which it was granted.

HISTORY: 2019 ch. 5, § 23, effective March 11, 2019.

158.447. Required review of CPTED principles prior to school construction or renovation.

The Kentucky Department of Education shall require a local board of education to review Crime Prevention Through Environment Design principles, or CPTED principles, when constructing a new school building or when renovating an existing school building.

History. Enact. Acts 2013, ch. 126, § 4, effective June 25, 2013; 2013, ch. 133, § 4, effective June 25, 2013.

Legislative Research Commission Note.

(6/25/2013). This statute was created with identical text in 2013 Ky. Acts chs. 126 and 133, which were companion bills. These Acts have been codified together.

158.448. Protocols for student records within student information system.

The Kentucky Department of Education shall develop protocols for student records within the student information system which:

  1. Provide notice to schools receiving the records of prior offenses described in KRS 610.345 committed by a student transferring to a new school or district;
  2. Promote expeditious enrollment and placement of students in foster care who are transferring to a new school or district, in accordance with the federal Every Student Succeeds Act of 2015, Pub. L. No. 114-95;
  3. Promote the sharing of information regarding students in foster care among schools, districts, the Cabinet for Health and Family Services, and a child’s caseworker, pursuant to applicable law; and
  4. Protect the privacy rights of students and parents guaranteed under the federal Family Educational Rights and Privacy Act.

History. Enact. Acts 2013, ch. 126, § 5, effective June 25, 2013; 2013, ch. 133, § 5, effective June 25, 2013; 2020 ch. 64, § 1, effective July 15, 2020.

Legislative Research Commission Note.

(6/25/2013). This statute was created with identical text in 2013 Ky. Acts chs. 126 and 133, which were companion bills. These Acts have been codified together.

158.449. Annual report of assessment of disruptive behavior school incidents resulting in a complaint.

Each local school shall annually provide to the Department of Education, through the Kentucky Department of Education’s student information system, an assessment of school incidents relating to disruptive behaviors resulting in a complaint, including whether:

  1. The incident involved a public offense or noncriminal misconduct;
  2. The incident was reported to law enforcement or the court-designated worker and the charge or type of noncriminal misconduct that was the basis of the referral or report; and
  3. The report was initiated by a school resource officer.

History. Enact. Acts 2014, ch. 132, § 11, effective July 15, 2014.

Consumer Education

158.450. Administration — Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 392, § 8; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.455. Instruction. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 392, § 9) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.460. Development of program — Curricula. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 392, § 10) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.465. Teacher’s and administrator’s training programs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 392, § 11) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.470. Policy of local school district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 392, § 12; 1978, ch. 155, § 83, effective June 17, 1978) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

Career Education

158.505. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 56, § 2, effective March 16, 1976) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.510. Purpose. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 56, § 3, effective March 16, 1976) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.515. Administration — Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 56, § 4, effective March 16, 1976; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.520. Curriculum — Areas included. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 56, § 5, effective March 16, 1976; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.525. Development of program — Functions of department. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 56, § 6, effective March 16, 1976) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.530. Policy of local school district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 56, § 7, effective March 16, 1976; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.535. Assistance from persons outside school system permitted. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 56, § 8, effective March 16, 1976; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.540. Implementation of KRS 158.510 to 158.545. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 56, § 9, effective March 16, 1976; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.545. Application by school district for funding — Grants. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 56, § 10, effective March 16, 1976) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

158.550. Title. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 56, § 1, effective March 16, 1976) was repealed by Acts 1984, ch. 105, § 1, effective July 13, 1984.

Instruction for Gifted and Talented Students

158.600. Legislative intent of KRS 158.605 to 158.620 and 157.360. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 149, § 1, effective June 17, 1978; 1980, ch. 183, § 1, effective July 15, 1980; 1984, ch. 128, § 5, effective July 13, 1984) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.605. Definitions for KRS 158.600 to 158.620 and 157.360. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 149, § 1, effective June 17, 1978; 1980, ch. 183, § 2, effective July 15, 1980) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.607. Advisory council for gifted and talented education — Two year existence — Powers and duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 298, § 1, effective July 13, 1984; 1986, ch. 309, § 1, effective July 15, 1986) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.610. Local district requirements to be set by administrative regulation to implement program. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 149, § 3, effective June 17, 1978; 1980, ch. 183, § 3, effective July 15, 1980; 1984, ch. 298, § 2, effective July 15, 1984) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.615. Reimbursement for experimental programs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 149, § 4, effective June 17, 1978; 1980, ch. 183, § 8, effective July 15, 1980) was repealed by Acts 1988, ch. 254, § 4, effective July 15, 1988.

158.617. Inservice training. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1980, ch. 183, § 5, effective July 15, 1980) was repealed by Acts 1988, ch. 254, § 4, effective July 15, 1988.

158.618. Evaluation procedure to monitor gifted and talented programs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 298, § 3, effective July 13, 1984) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.620. Reports required. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 149, § 5, effective June 17, 1978; 1980, ch. 183, § 4, effective July 15, 1980; 1986, ch. 309, § 2, effective July 15, 1986) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

Advanced Placement and Dual Enrollment

158.622. Administrative regulations of Kentucky Board of Education relating to advanced placement courses — Duties of Department of Education relating to advanced placement and dual enrollment programs — Credit for Virtual High School and advanced placement courses.

  1. The Kentucky Board of Education shall promulgate administrative regulations establishing the criteria a school shall meet in order to designate a course an advanced placement course, including content and program standards concerning student admission criteria, data collection, and reporting.
  2. Upon receipt of adequate federal funding for these purposes, the Department of Education shall:
    1. Expand advanced placement teacher training institutes, including offering advanced placement teacher training instruction and assistance through the Kentucky Virtual High School or in conjunction with the Council on Postsecondary Education through the Kentucky Virtual University;
    2. Require teachers who are planning to participate in advanced placement teacher training and complete advanced placement training at advanced placement institutes facilitated by the department to sign an agreement to teach at least one (1) advanced placement course in a Kentucky public school or the Kentucky Virtual High School when assigned by the school principal;
    3. Develop the Kentucky Virtual Advanced Placement Academy which shall offer school districts and their students access to a core advanced placement curriculum through the Kentucky Virtual High School;
    4. Identify, in conjunction with the Council on Postsecondary Education, resources at the secondary and postsecondary levels that can be directed toward advanced placement or dual enrollment instruction;
    5. Compare the costs of offering advanced placement courses through traditional on-site instruction, the Kentucky Virtual High School, and other methods and shall offer each school district assistance, if requested, in analyzing how the school district can most cost-effectively offer the largest number of advanced placement courses;
    6. Identify current and future funding sources for advanced placement or dual enrollment instructional programs and the amount of funds available or anticipated from those sources; and
    7. Submit a report to the Kentucky General Assembly outlining compliance with this section.
  3. Each school district shall:
    1. Accept for credit toward graduation any course a student successfully completes through the Kentucky Virtual High School and incorporate the grade the student receives in a Kentucky Virtual High School course in calculating that student’s grade point average without distinction between the grade received in the Kentucky Virtual High School course and courses taught within the school district for which the student receives a grade;
    2. Accept for credit toward graduation and completion of high school course requirements an advanced placement, a high school equivalent, or a Kentucky Virtual High School course taken by a student in grades 5, 6, 7, or 8 if that student attains performance levels expected of high school students in that district as determined by achieving a score of “3” or higher on a College Board Advanced Placement examination or a grade of “B” or better in a high school equivalent or a Kentucky Virtual High School course; and
    3. Pay tuition and other costs for students from their districts who are enrolled in a Kentucky Virtual High School course for credit that is part of the student’s regular school day coursework by proportionately sharing funds generated under KRS 157.360 or other funding sources.

History. Enact. Acts 2002, ch. 97, § 2, effective July 15, 2002; 2008, ch. 134, § 16, effective July 15, 2008.

Research References and Practice Aids

Kentucky Bench & Bar.

Quinn, Education Law: Education of Gifted Students in Kentucky. Vol. 72, No. 6, November 2008, Ky. Bench & Bar 25.

158.625. Deadline for training required under KRS 161.166.

By July 1, 2010, at least one (1) employee in each middle school and high school shall have successfully completed the on-line coaches training under KRS 161.166 . The cost of acquiring the training shall be borne by the local school district.

History. Enact. Acts 2008, ch. 134, § 7, effective July 15, 2008.

Sports Medicine Program

158.640. Legislative purpose. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 144, § 1, effective July 15, 1986) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.6401. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 144, § 2, effective July 15, 1986) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.6402. Advisory council for sports medicine programs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 144, § 3, effective July 15, 1986) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.6403. Implementation of experimental incentive program to assist local school district sports medicine programs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 144, § 4, effective July 15, 1986) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

Educational Improvement

158.645. Capacities required of students in public education system.

The General Assembly recognizes that public education involves shared responsibilities. State government, local communities, parents, students, and school employees must work together to create an efficient public school system. Parents and students must assist schools with efforts to assure student attendance, preparation for school, and involvement in learning. The cooperation of all involved is necessary to assure that desired outcomes are achieved. It is the intent of the General Assembly to create a system of public education which shall allow and assist all students to acquire the following capacities:

  1. Communication skills necessary to function in a complex and changing civilization;
  2. Knowledge to make economic, social, and political choices;
  3. Core values and qualities of good character to make moral and ethical decisions throughout his or her life;
  4. Understanding of governmental processes as they affect the community, the state, and the nation;
  5. Sufficient self-knowledge and knowledge of his mental and physical wellness;
  6. Sufficient grounding in the arts to enable each student to appreciate his or her cultural and historical heritage;
  7. Sufficient preparation to choose and pursue his life’s work intelligently; and
  8. Skills to enable him to compete favorably with students in other states.

History. Enact. Acts 1990, ch. 476, Pt. I, § 2, effective July 13, 1990; 2000, ch. 162, § 2, effective July 14, 2000.

NOTES TO DECISIONS

  1. Intent of Kentucky Educational Reform Act of 1990.
  2. Testing Program.
1. Intent of Kentucky Educational Reform Act of 1990.

The essential strategic point of the Kentucky Educational Reform Act (Enact. Acts 1990, ch. 476) is the decentralization of decision making authority so as to involve all participants in the school system, not limited to, but including school councils and local school boards; affording each the opportunity to contribute actively to the educational process and the provisions set out the structural framework by which this decentralization of decision making authority is to occur. Board of Educ. v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152 ( Ky. 1994 ).

2. Testing Program.

Regulations promulgated under the authority of KRS 156.160 authorize local school boards to establish additional graduation requirements above the minimum requirements established by the Kentucky Board of Education; such requirements may include a requirement that students take the Kentucky Instructional Results Information System (KIRIS) examination, established by the Board under this act. Triplett v. Livingston County Bd. of Educ., 967 S.W.2d 25, 1997 Ky. App. LEXIS 74 (Ky. Ct. App. 1997), cert. denied, 525 U.S. 1104, 119 S. Ct. 870, 142 L. Ed. 2d 771, 1999 U.S. LEXIS 599 (U.S. 1999).

Cited:

Board of Educ. v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152 ( Ky. 1994 ).

Research References and Practice Aids

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

158.6450. Instruction in voter registration and election procedures.

  1. The General Assembly hereby finds that knowledge of procedures for voter registration and participation in elections is essential for all Kentucky students to acquire the capacities established in KRS 158.645(2) and (4). Instruction in election procedures is consistent with the goals of responsible citizenship established in KRS 158.6451 .
  2. Every secondary school shall provide students in the twelfth grade information on:
    1. How to register to vote;
    2. How to vote in an election using a ballot; and
    3. How to vote using an absentee ballot.
  3. A school may provide this information through classroom activities, written materials, electronic communication, Internet resources, participation in mock elections, and other methods identified by the principal after consulting with teachers.

History. Enact. Acts 2011, ch. 50, § 1, effective June 8, 2011.

158.6451. Legislative declaration on goals for Commonwealth’s schools — Model curriculum framework.

  1. The General Assembly finds, declares, and establishes that:
    1. Schools shall expect a high level of achievement of all students.
    2. Schools shall develop their students’ ability to:
      1. Use basic communication and mathematics skills for purposes and situations they will encounter throughout their lives;
      2. Apply core concepts and principles from mathematics, the sciences, the arts, the humanities, social studies, and practical living studies to situations they will encounter throughout their lives;
      3. Become self-sufficient individuals of good character exhibiting the qualities of altruism, citizenship, courtesy, hard work, honesty, human worth, justice, knowledge, patriotism, respect, responsibility, and self-discipline;
      4. Become responsible members of a family, work group, or community, including demonstrating effectiveness in community service;
      5. Think and solve problems in school situations and in a variety of situations they will encounter in life;
      6. Connect and integrate experiences and new knowledge from all subject matter fields with what they have previously learned and build on past learning experiences to acquire new information through various media sources; and
      7. Express their creative talents and interests in visual arts, music, dance, and dramatic arts.
    3. Schools shall increase their students’ rate of school attendance.
    4. Schools shall increase their students’ graduation rates and reduce their students’ dropout and retention rates.
    5. Schools shall reduce physical and mental health barriers to learning.
    6. Schools shall be measured on the proportion of students who make a successful transition to work, post-secondary education, and the military.
  2. The Kentucky Board of Education shall disseminate to local school districts and schools a model curriculum framework which is directly tied to the goals, outcomes, and assessment strategies developed pursuant to this section and KRS 158.645 and 158.645 3. The framework shall provide direction to local districts and schools as they develop their curriculum. The framework shall identify teaching and assessment strategies, instructional material resources, ideas on how to incorporate the resources of the community, a directory of model teaching sites, alternative ways of using school time, and strategies to incorporate character education throughout the curriculum.

History. Enact. Acts 1990, ch. 476, Pt. I, § 3, effective July 13, 1990; 1994, ch. 256, § 2, effective July 1, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 162, § 3, effective July 14, 2000; 2009, ch. 101, § 1, effective March 25, 2009.

NOTES TO DECISIONS

Cited:

Board of Educ. v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152 ( Ky. 1994 ).

Research References and Practice Aids

Kentucky Bench & Bar.

Quinn, Education Law: Education of Gifted Students in Kentucky. Vol. 72, No. 6, November 2008, Ky. Bench & Bar 25.

158.6452. School Curriculum, Assessment, and Accountability Council.

  1. A School Curriculum, Assessment, and Accountability Council is hereby created to study, review, and make recommendations concerning Kentucky’s system of setting academic standards, assessing learning, identifying academic competencies and deficiencies of individual students, holding schools accountable for learning, and assisting schools to improve their performance. The council shall advise the Kentucky Board of Education and the Legislative Research Commission on issues related to the development and communication of the academic expectations and core content for assessment, the development and implementation of the statewide assessment and accountability program, recognition of high performing schools, imposition of sanctions, and assistance for schools to improve their performance under KRS 158.6453 , 158.6455 , 158.782 , and 158.805 .
  2. The School Curriculum, Assessment, and Accountability Council shall be composed of seventeen (17) voting members appointed by the Governor. On making appointments to the council, the Governor shall assure broad geographical representation and representation of elementary, middle, and secondary school levels; assure equal representation of the two (2) sexes, inasmuch as possible; and assure that appointments reflect the minority racial composition of the Commonwealth. The members shall serve terms of two (2) years with no member serving more than two (2) consecutive terms, except that seven (7) of the initial appointments shall be for four (4) year terms. The members shall be appointed as follows:
    1. Two (2) parents from recommendations submitted by organizations representing school councils and parents;
    2. Two (2) teachers from recommendations submitted by organizations representing teachers;
    3. Two (2) superintendents from recommendations submitted by organizations representing superintendents;
    4. Two (2) principals from organizations representing school administrators;
    5. Two (2) local school board members from recommendations submitted by organizations representing school boards;
    6. Two (2) school district assessment coordinators from recommendations submitted by organizations representing district assessment coordinators;
    7. Two (2) employers in the state from recommendations submitted by organizations representing business and industry;
    8. Two (2) university professors with expertise in assessment and measurement; and
    9. One (1) at-large member.
  3. The School Curriculum, Assessment, and Accountability Council shall elect a chair annually from its membership.
  4. The members shall be remunerated for actual and necessary expenses incurred while attending meetings of the council or while serving as representative of the council.
  5. The School Curriculum, Assessment, and Accountability Council shall meet at least four (4) times each year at times and places as it determines by resolution.
  6. The School Curriculum, Assessment, and Accountability Council shall be attached to the Department of Education for administrative purposes. It shall be provided appropriate staff and resources to conduct its work.

History. Enact. Acts 1998, ch. 598, § 5, effective April 14, 1998; 2009, ch. 101, § 3, effective March 25, 2009.

Research References and Practice Aids

Kentucky Bench & Bar.

Education Law: The Federal No Child Left Behind Act — The Kentucky Experience, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 35.

158.6453. Definitions — Review of academic standards and assessments — Revisions to content standards — Review committees — Advisory panels — Standards and assessments process review committee — Administrative regulations — Information and training — Statewide assessment program — Academic components — Student assessments — College admissions examinations — School report card — Individual student report — Reviewing and revising academic standards — Writing program — School profile report.

  1. As used in this section:
    1. “Accelerated learning” means an organized way of helping students meet individual academic goals by providing direct instruction to eliminate student performance deficiencies or enable students to move more quickly through course requirements and pursue higher level skill development;
    2. “Constructed-response items” or “performance-based items” means individual test items that require the student to create an answer rather than select a response and may include fill-in-the-blank, short-answer, extended-answer, open-response, and writing-on-demand formats;
    3. “Criterion-referenced test” means a test that is aligned with defined academic content standards and measures an individual student’s level of performance against the standards;
    4. “End-of-course examination” means the same as defined in KRS 158.860 ;
    5. “Formative assessment” means a process used by teachers and students during instruction to adjust ongoing teaching and learning to improve students’ achievement of intended instructional outcomes. Formative assessments may include the use of commercial assessments, classroom observations, teacher-designed classroom tests and assessments, and other processes and assignments to gain information about individual student learning;
    6. “Interim assessments” means assessments that are given periodically throughout the year to provide diagnostic information and to show individual student performance against content standards;
    7. “Summative assessment” means an assessment given at the end of the school year, semester, or other period of time to evaluate students’ performance against content standards within a unit of instruction or a course; and
    8. “Writing” means a purposeful act of thinking and expression that uses language to explore ideas and communicate meaning to others. Writing is a complex, multifaceted act of communication.
    1. Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the Kentucky Department of Education shall implement a process for reviewing Kentucky’s academic standards and the alignment of corresponding assessments for possible revision or replacement to ensure alignment with transition readiness standards necessary for global competitiveness and with state career and technical education standards. (2) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the Kentucky Department of Education shall implement a process for reviewing Kentucky’s academic standards and the alignment of corresponding assessments for possible revision or replacement to ensure alignment with transition readiness standards necessary for global competitiveness and with state career and technical education standards.
    2. The revisions to the content standards shall:
      1. Focus on critical knowledge, skills, and capacities needed for success in the global economy;
      2. Result in fewer but more in-depth standards to facilitate mastery learning;
      3. Communicate expectations more clearly and concisely to teachers, parents, students, and citizens;
      4. Be based on evidence-based research;
      5. Consider international benchmarks; and
      6. Ensure that the standards are aligned from elementary to high school to postsecondary education so that students can be successful at each education level.
      1. The department shall establish four (4) standards and assessments review committees, with each committee composed of a minimum of six (6) Kentucky public school teachers and a minimum of two (2) representatives from Kentucky institutions of higher education, including at least one (1) representative from a public institution of higher education. Each committee member shall teach in the subject area that his or her committee is assigned to review and have no prior or current affiliation with a curriculum or assessment resources vendor. (c) 1. The department shall establish four (4) standards and assessments review committees, with each committee composed of a minimum of six (6) Kentucky public school teachers and a minimum of two (2) representatives from Kentucky institutions of higher education, including at least one (1) representative from a public institution of higher education. Each committee member shall teach in the subject area that his or her committee is assigned to review and have no prior or current affiliation with a curriculum or assessment resources vendor.
      2. One (1) of the four (4) committees shall be assigned to focus on the review of language arts and writing academic standards and assessments, one (1) on the review of mathematics academic standards and assessments, one (1) on the review of science academic standards and assessments, and one (1) on the review of social studies academic standards and assessments.
      1. The department shall establish twelve (12) advisory panels to advise and assist each of the four (4) standards and assessments review committees. (d) 1. The department shall establish twelve (12) advisory panels to advise and assist each of the four (4) standards and assessments review committees.
      2. Three (3) advisory panels shall be assigned to each standards and assessments review committee. One (1) panel shall review the standards and assessments for kindergarten through grade five (5), one (1) shall review the standards and assessments for grades six (6) through eight (8), and one (1) shall review the standards and assessments for grades nine (9) through twelve (12).
      3. Each advisory panel shall be composed of at least one (1) representative from a Kentucky institution of higher education and a minimum of six (6) Kentucky public school teachers who teach in the grade level and subject reviewed by the advisory panel to which they are assigned and have no prior or current affiliation with a curriculum or assessment resources vendor.
    3. The commissioner of education and the president of the Council on Postsecondary Education shall also provide consultants for the standards and assessments review committees and the advisory panels who are business and industry professionals actively engaged in career fields that depend on the various content areas.
      1. The standards and assessments process review committee is hereby established and shall be composed of the commissioner of education or designee as a nonvoting member and nine (9) voting representatives of public schools, of whom at least two (2) shall be parents of public school students, appointed by the Governor and confirmed by the Senate in accordance with KRS 11.160 as follows: (f) 1. The standards and assessments process review committee is hereby established and shall be composed of the commissioner of education or designee as a nonvoting member and nine (9) voting representatives of public schools, of whom at least two (2) shall be parents of public school students, appointed by the Governor and confirmed by the Senate in accordance with KRS 11.160 as follows:
        1. One (1) language arts teacher;
        2. One (1) math teacher;
        3. One (1) science teacher;
        4. One (1) social studies teacher;
        5. Two (2) school principals;
        6. Two (2) school superintendents; and
        7. One (1) school board member.
      2. On making appointments to the committee, the Governor shall ensure broad geographical urban and rural representation and representation of elementary, middle, and high school levels; ensure equal representation of the two (2) sexes, inasmuch as possible; and ensure that appointments reflect the minority racial composition of the Commonwealth.
      3. The review of the committee shall be limited to the procedural aspects of the review process undertaken prior to its consideration.
      4. Notwithstanding KRS 12.028 , the committee shall not be subject to reorganization by the Governor.
      1. The review process implemented under this subsection shall be an open, transparent process that allows all Kentuckians an opportunity to participate. The department shall ensure the public’s assistance in reviewing and suggesting changes to the standards and alignment adjustments to corresponding state assessments by establishing a Web site dedicated to collecting comments by the public and educators. An independent third party, which has no prior or current affiliation with a curriculum or assessment resources vendor, shall be selected by the department to collect and transmit the comments to the department for dissemination to the appropriate advisory panel for review and consideration. (g) 1. The review process implemented under this subsection shall be an open, transparent process that allows all Kentuckians an opportunity to participate. The department shall ensure the public’s assistance in reviewing and suggesting changes to the standards and alignment adjustments to corresponding state assessments by establishing a Web site dedicated to collecting comments by the public and educators. An independent third party, which has no prior or current affiliation with a curriculum or assessment resources vendor, shall be selected by the department to collect and transmit the comments to the department for dissemination to the appropriate advisory panel for review and consideration.
      2. Each advisory panel shall review the standards and assessments for its assigned subject matter and grade level and the suggestions made by the public and educators. After completing its review, each advisory panel shall make recommendations for changes to the standards and alignment adjustments for assessments to the appropriate standards and assessments review committee.
      3. Each standards and assessments review committee shall review the findings and make recommendations to revise or replace existing standards and to adjust alignment of assessments.
      4. The recommendations shall be published on the Web site established in this subsection for the purpose of gathering additional feedback from the public. The commissioner shall subsequently present the recommendations and the public feedback to the Interim Joint Committee on Education.
      5. The commissioner shall subsequently provide a report to the standards and assessments process review committee summarizing the process conducted under this subsection and the resulting recommendations. The report shall include but not be limited to the timeline of the review process, public feedback, and responses from the Interim Joint Committee on Education.
      6. After receiving the commissioner’s report, the standards and assessments process review committee shall either concur that stakeholders have had adequate opportunity to provide input on standards and the corresponding alignment of state assessments or find the input process deficient. If the process is found deficient, the recommendations may be returned to the appropriate standards and assessments review committee for review as described in subparagraph 3. of this paragraph. If the process is found sufficient, the recommendations shall be forwarded without amendment to the Kentucky Board of Education.
    4. The Kentucky Board of Education shall promulgate administrative regulations in accordance with KRS Chapter 13A as may be needed for the administration of the review process, including staggering the timing and sequence of the review process by subject area and remuneration of the review committees and advisory panels described in paragraphs (c) and (d) of this subsection.
      1. The Kentucky Board of Education shall consider for approval the revisions to academic standards for a content area and the alignment of the corresponding state assessment once recommendations are received from the standards and assessments process review committee. Existing state academic standards shall remain in place until the board approves new standards. (i) 1. The Kentucky Board of Education shall consider for approval the revisions to academic standards for a content area and the alignment of the corresponding state assessment once recommendations are received from the standards and assessments process review committee. Existing state academic standards shall remain in place until the board approves new standards.
      2. Any revision to, or replacement of, the academic standards and assessments as a result of the review process conducted under this subsection shall be implemented in Kentucky public schools no later than the second academic year following the review process. Existing academic standards shall be used until new standards are implemented.
      3. The Department of Education shall disseminate the academic content standards to the schools and teacher preparation programs.
    5. The Department of Education shall provide or facilitate statewide training sessions for existing teachers and administrators on how to:
      1. Integrate the revised content standards into classroom instruction;
      2. Better integrate performance assessment of students within their instructional practices; and
      3. Help all students use higher-order thinking and communication skills.
    6. The Education Professional Standards Board in cooperation with the Kentucky Board of Education and the Council on Postsecondary Education shall coordinate information and training sessions for faculty and staff in all of the teacher preparation programs in the use of the revised academic content standards. The Education Professional Standards Board shall ensure that each teacher preparation program includes use of the academic standards in the pre-service education programs and that all teacher interns will have experience planning classroom instruction based on the revised standards.
    7. The Council on Postsecondary Education in cooperation with the Kentucky Department of Education and the postsecondary education institutions in the state shall coordinate information sessions regarding the academic content standards for faculty who teach in the various content areas.
    1. The Kentucky Board of Education shall be responsible for creating and implementing a balanced statewide assessment program that measures the students’, schools’, and districts’ achievement of the goals set forth in KRS 158.645 and 158.645 1, to ensure compliance with the federal Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, and to ensure school accountability. (3) (a) The Kentucky Board of Education shall be responsible for creating and implementing a balanced statewide assessment program that measures the students’, schools’, and districts’ achievement of the goals set forth in KRS 158.645 and 158.6451 , to ensure compliance with the federal Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, and to ensure school accountability.
    2. The board shall revise the annual statewide assessment program as needed in accordance with revised academic standards and corresponding assessment alignment adjustments approved by the board under subsection (2) of this section.
    3. The statewide assessments shall not include any academic standards not approved by the board under subsection (2) of this section.
    4. The board shall seek the advice of the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; the Education Assessment and Accountability Review Subcommittee, and the National Technical Advisory Panel on Assessment and Accountability in the development of the assessment program. The statewide assessment program shall not include measurement of a student’s ability to become a self-sufficient individual or to become a responsible member of a family, work group, or community.
    1. The academic components of the statewide assessment program shall be composed of annual student summative tests, which may include a combination of multiple competency-based assessment and performance measures approved by the Kentucky Board of Education. (4) (a) The academic components of the statewide assessment program shall be composed of annual student summative tests, which may include a combination of multiple competency-based assessment and performance measures approved by the Kentucky Board of Education.
    2. The annual student summative tests shall:
      1. Measure individual student achievement in language, reading, English, mathematics, science, and social studies at designated grades;
      2. Provide teachers and parents a valid and reliable comprehensive analysis of skills mastered by individual students;
      3. Provide diagnostic information that identifies strengths and academic deficiencies of individual students in the content areas;
      4. Provide information to teachers that can enable them to improve instruction for current and future students;
      5. Provide longitudinal profiles for students; and
      6. Ensure school and district accountability for student achievement of the goals set forth in KRS 158.645 and 158.645 1, except the statewide assessment program shall not include measurement of a student’s ability to become a self-sufficient individual or to become a responsible member of a family, work group, or community.
  2. The state student assessments shall include the following components:
    1. Elementary and middle grades requirements are:
      1. A criterion-referenced test each in mathematics and reading in grades three (3) through eight (8) that is valid and reliable for an individual student and that measures the depth and breadth of Kentucky’s academic content standards;
      2. A criterion-referenced test each in science and social studies that is valid and reliable for an individual student as necessary to measure the depth and breadth of Kentucky’s academic content standards to be administered one (1) time within the elementary and middle grades, respectively;
      3. An on-demand assessment of student writing to be administered one (1) time within the elementary grades and one (1) time within the middle grades; and
      4. An editing and mechanics test relating to writing, using multiple choice and constructed response items, to be administered one (1) time within the elementary and the middle grades, respectively;
    2. High school requirements are:
      1. A criterion-referenced test in mathematics, reading, and science that is valid and reliable for an individual student and that measures the depth and breadth of Kentucky’s academic content standards to be administered one (1) time within the high school grades;
      2. A criterion-referenced test in social studies that is valid and reliable for an individual student as necessary to measure the depth and breadth of Kentucky’s academic content standards to be administered one (1) time within the high school grades;
      3. An on-demand assessment of student writing to be administered one (1) time within the high school grades;
      4. An editing and mechanics test relating to writing, using multiple choice and constructed response items, to be administered one (1) time within the high school grades; and
      5. A college admissions examination to assess English, reading, mathematics, and science in the spring of grade ten (10) and the spring of grade eleven (11);
    3. The Kentucky Board of Education shall add any other component necessary to comply with the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, as determined by the United States Department of Education;
    4. The criterion-referenced components required in this subsection shall be composed of constructed response items and multiple choice items;
    5. The Kentucky Board of Education may incorporate end-of-course examinations into the assessment program to be used in lieu of requirements for criterion-referenced tests required under paragraph (b) of this subsection; and
    6. The results of the assessment program developed under this subsection shall be used by schools and districts to determine appropriate instructional modifications for all students in order for students to make continuous progress, including that needed by advanced learners.
  3. Each school district shall administer the statewide student assessment during the last fourteen (14) days of school in the district’s instructional calendar. The Kentucky Board of Education may change the testing window to allow for innovative assessment systems or other online test administration and shall promulgate administrative regulations that minimize the number of days of testing and outline the procedures to be used during the testing process to ensure test security, including procedures for testing makeup days, and to comply with federal assessment requirements.
  4. A student enrolled in a district-operated or district-contracted alternative program shall participate in the appropriate assessments required by this section.
  5. A local school district may select and use commercial interim or formative assessments or develop and use its own formative assessments to provide data on how well its students are growing toward mastery of Kentucky academic standards, so long as the district’s local school board develops a policy minimizing the reduction in instructional time related to the administration of the interim assessments. Nothing in this section precludes teachers from using ongoing teacher-developed formative processes.
  6. Each school that enrolls primary students shall use diagnostic assessments and prompts that measure readiness in reading and mathematics for its primary students as determined by the school to be developmentally appropriate. The schools may use commercial products, use products and procedures developed by the district, or develop their own diagnostic procedures. The results shall be used to inform the teachers and parents or guardians of each student’s skill level.
  7. The state board shall ensure that a technically sound longitudinal comparison of the assessment results for the same students shall be made available.
  8. The following provisions shall apply to the college admissions examinations described in subsection (5)(b)5. of this section:
    1. The cost of both college admissions examinations administered to students in high school shall be paid for by the Kentucky Department of Education. The costs of additional college admissions examinations shall be the responsibility of the student;
    2. If funds are available, the Kentucky Department of Education shall provide a college admissions examination preparation program to all public high school juniors. The department may contract for necessary services; and
    3. Accommodations provided to a student with a disability taking the college admissions assessments under this subsection shall consist of:
      1. Accommodations provided in a manner allowed by the college admissions assessment provider when results in test scores are reportable to a postsecondary institution for admissions and placement purposes, except as provided in subparagraph 2. of this paragraph; or
      2. Accommodations provided in a manner allowed by a student’s individualized education program as defined in KRS 158.281 for a student whose disability precludes valid assessment of his or her academic abilities using the accommodations provided under subparagraph 1. of this paragraph when the student’s scores are not reportable to a postsecondary institution for admissions and placement purposes.
  9. Kentucky teachers shall have a significant role in providing feedback about the design of the assessments, except for the college admissions exams described in subsection (5)(b)5. of this section. The assessments shall be designed to:
    1. Measure grade appropriate core academic content, basic skills, and higher-order thinking skills and their application;
    2. Provide valid and reliable scores for schools. If scores are reported for students individually, they shall be valid and reliable;
    3. Minimize the time spent by teachers and students on assessment; and
    4. Assess Kentucky academic standards only.
  10. The results from assessment under subsections (3) and (5) of this section shall be reported to the school districts and schools no later than seventy-five (75) days following the last day the assessment can be administered. Assessment reports provided to the school districts and schools shall include an electronic copy of an operational subset of test items from each assessment administered to their students and the results for each of those test items by student and by school.
  11. The Department of Education shall gather information to establish the validity of the assessment and accountability program. It shall develop a biennial plan for validation studies that shall include but not be limited to the consistency of student results across multiple measures, the congruence of school scores with documented improvements in instructional practice and the school learning environment, and the potential for all scores to yield fair, consistent, and accurate student performance level and school accountability decisions. Validation activities shall take place in a timely manner and shall include a review of the accuracy of scores assigned to students and schools, as well as of the testing materials. The plan shall be submitted to the Commission by July 1 of the first year of each biennium. A summary of the findings shall be submitted to the Legislative Research Commission by September 1 of the second year of the biennium.
  12. The Department of Education and the state board shall offer optional assistance to local school districts and schools in developing and using continuous assessment strategies needed to assure student progress. The continuous assessment shall provide diagnostic information to improve instruction to meet the needs of individual students.
  13. The Administration Code for Kentucky’s Assessment Program shall include prohibitions of inappropriate test preparation activities by school district employees charged with test administration and oversight, including but not limited to the issue of teachers being required to do test practice in lieu of regular classroom instruction and test practice outside the normal work day. The code shall include disciplinary sanctions that may be taken toward a school or individuals.
  14. The Kentucky Board of Education, after the Department of Education has received advice from the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the National Technical Advisory Panel on Assessment and Accountability, shall promulgate an administrative regulation under KRS Chapter 13A to establish the components of a reporting structure for assessments administered under this section. The reporting structure shall include the following components:
    1. A school report card that clearly communicates with parents and the public about school performance. The school report card shall be sent to the parents of the students of the districts, and information on electronic access to a summary of the results for the district shall be published in the newspaper with the largest circulation in the county. It shall include but not be limited to the following components reported by race, gender, and disability when appropriate:
      1. Student academic achievement, including the results from each of the assessments administered under this section;
      2. For Advanced Placement, Cambridge Advanced International, and International Baccalaureate, the courses offered, the number of students enrolled, completing, and taking the examination for each course, and the percentage of examinees receiving a score of three (3) or better on AP examinations, a score of “e” or better on Cambridge Advanced International examinations, or a score of four (4) or better on IB examinations. The data shall be disaggregated by gender, race, students with disabilities, and economic status;
      3. Nonacademic achievement, including the school’s attendance, retention, graduation rates, and student transition to postsecondary;
      4. School learning environment, including measures of parental involvement; and
      5. Any other school performance data required by the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor;
    2. An individual student report to parents for each student in grades three (3) through eight (8) summarizing the student’s skills in reading, science, social studies, and mathematics. The school’s staff shall develop a plan for accelerated learning for any student with identified deficiencies or strengths; and
    3. A student’s highest scores on the college admissions assessments administered under subsection (5)(b)5. of this section.
    1. Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the Kentucky Department of Education shall implement a comprehensive process for reviewing and revising the academic standards in visual and performing arts and practical living skills and career studies for all levels and in foreign language for middle and high schools. The department shall develop review committees for the standards for each of the content areas that include representation from certified specialist public school teachers and postsecondary teachers in those subject areas. (18) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the Kentucky Department of Education shall implement a comprehensive process for reviewing and revising the academic standards in visual and performing arts and practical living skills and career studies for all levels and in foreign language for middle and high schools. The department shall develop review committees for the standards for each of the content areas that include representation from certified specialist public school teachers and postsecondary teachers in those subject areas.
    2. The academic standards in practical living skills for elementary, middle, and high school levels shall include a focus on drug abuse prevention, with an emphasis on the prescription drug epidemic and the connection between prescription opioid abuse and addiction to other drugs, such as heroin and synthetic drugs.
    3. The department shall provide to all schools guidelines for programs that incorporate the adopted academic standards in visual and performing arts and practical living and career studies. The department shall provide to middle and high schools guidelines for including a foreign language program. The guidelines shall address program length and time, courses offered, staffing, resources, and facilities.
    4. The Kentucky Department of Education, in consultation with certified public school teachers of visual and performing arts, may develop program standards for the visual and performing arts.
  15. The Kentucky Department of Education shall provide to all schools guidelines for including an effective writing program within the curriculum. Each school-based decision making council or, if there is no school council, a committee appointed by the principal, shall adopt policies that determine the writing program for its school and submit it to the Department of Education for review and comment. The writing program shall incorporate a variety of language resources, technological tools, and multiple opportunities for students to develop complex communication skills for a variety of purposes.
    1. The Kentucky Department of Education, in consultation with the review committees described in subsection (18) of this section, shall develop a school profile report to be used by all schools to document how they will address the adopted academic standards in their implementation of the programs as described in subsection (18) of this section, which may include student opportunities and experiences in extracurricular activities. The department shall include the essential workplace ethics program on the school profile report. (20) (a) The Kentucky Department of Education, in consultation with the review committees described in subsection (18) of this section, shall develop a school profile report to be used by all schools to document how they will address the adopted academic standards in their implementation of the programs as described in subsection (18) of this section, which may include student opportunities and experiences in extracurricular activities. The department shall include the essential workplace ethics program on the school profile report.
    2. By October 1 of each year, each school principal shall complete the school profile report, which shall be signed by the members of the school council, or the principal if no school council exists, and the superintendent. The report shall be electronically transmitted to the Kentucky Department of Education, and the original shall be maintained on file at the local board office and made available to the public upon request. The department shall include a link to each school’s profile report on its Web site.
    3. If a school staff member, student, or a student’s parent has concerns regarding deficiencies in a school’s implementation of the programs described in subsection (18) of this section, he or she may submit a written inquiry to the school council.

History. Enact. Acts 1990, ch. 476, Pt. I, § 4, effective July 13, 1990; 1994, ch. 256, § 3, effective July 15, 1994; 1994, ch. 408, § 2, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 598, § 11, effective April 14, 1998; 2002, ch. 213, § 1, effective July 15, 2002; 2006, ch. 227, § 1, effective July 12, 2006; 2008, ch. 134, § 17, effective July 15, 2008; 2009, ch. 101, § 2, effective March 25, 2009; 2016 ch. 136, § 6, effective July 15, 2016; 2017 ch. 156, § 3, effective April 10, 2017; 2018 ch. 158, § 2, effective April 13, 2018; 2019 ch. 199, § 1, effective June 27, 2019; 2020 ch. 112, § 6, effective July 15, 2020.

Legislative Research Commission Notes.

(4/10/2017). 2017 Ky. Acts ch. 156, sec. 18 provided that, in adopting amendments made to this statute in Section 3 of that Act, the General Assembly intends, among other actions, to repeal the common core standards.

(3/25/2009). In subsection (11) of this statute, a reference to subsection “(10)(a) of this section” has been changed to read “subsection (5)(a) and (b) of this section.” When this section was renumbered, the reference to “subsection (10)(a)” was not changed to conform. The Reviser of Statutes has made a conforming change under the authority of KRS 7.136 .

(3/25/2009). In 2009 Ky. Acts ch. 101, sec. 16, a not-to-be-codified section, two references to “Section 2.(11)(c) of this Act” should have referred to “Section 2.(7)(c) of this Act.” When Section 2 of the Act ( KRS 158.6453 ) was renumbered, these references to subsection (7) in Section 16 of the Act were not changed.

(7/12/2006). 2006 Ky. Acts ch. 211, sec. 171, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in the Act, as it confirms the abolition of the Cabinet for Workforce Development and establishment of the Education Cabinet. Such a correction has been made in this section.

NOTES TO DECISIONS

1. Testing Program.

Regulations promulgated under the authority of KRS 156.160 authorize local school boards to establish additional graduation requirements above the minimum requirements established by the Kentucky Board of Education; such requirements may include a requirement that students take the Kentucky Instructional Results Information System (KIRIS) examination, established by the Board under KRS 158.645 et seq. Triplett v. Livingston County Bd. of Educ., 967 S.W.2d 25, 1997 Ky. App. LEXIS 74 (Ky. Ct. App. 1997), cert. denied, 525 U.S. 1104, 119 S. Ct. 870, 142 L. Ed. 2d 771, 1999 U.S. LEXIS 599 (U.S. 1999).

Cited:

Board of Educ. v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152 ( Ky. 1994 ).

Research References and Practice Aids

2008-2010 Budget Reference.

See State/Executive Branch Budget, 2008 Ky. Acts ch. 127, Pt. I, D, 3, (8) at 503; and State/Executive Branch Budget Memorandum, 2008 Ky. Acts ch. 188, at 1347 (Final Budget Memorandum, Vol. III, at D-22).

See State/Executive Branch Budget, 2008 Ky. Acts ch. 127, Pt. I, D, 3, (20) at 504; and State/Executive Branch Budget Memorandum, 2008 Ky. Acts ch. 188, at 1353 (Final Budget Memorandum, Vol. III, at D-24).

Kentucky Bench & Bar.

Education Law: The Federal No Child Left Behind Act — The Kentucky Experience, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 35.

158.6454. National Technical Advisory Panel on Assessment and Accountability.

The Legislative Research Commission shall appoint a National Technical Advisory Panel on Assessment and Accountability composed of no fewer than three (3) professionals with a variety of expertise in education testing and measurement. The panel shall advise the Commission and, upon approval of the director of the Commission, the Kentucky Board of Education and the Department of Education, in the implementation of KRS 158.6453 and 158.6455 . The Commission is authorized to contract for the services and expenses of the panel members.

History. Enact. Acts 1998, ch. 598, § 6, effective April 14, 1998.

Research References and Practice Aids

Kentucky Bench & Bar.

Education Law: The Federal No Child Left Behind Act — The Kentucky Experience, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 35.

158.6455. School accountability system — List of certifications, licensures, and credentials — Reimbursement for assessment — Consequences for schools that fail to exit support status — Components of accountability system — Appeals of performance judgments.

It is the intent of the General Assembly that schools succeed with all students and receive the appropriate consequences in proportion to that success.

    1. The Kentucky Board of Education shall create an accountability system to classify districts and schools in accordance with the academic standards and student assessment program developed pursuant to KRS 158.6453 . (1) (a) The Kentucky Board of Education shall create an accountability system to classify districts and schools in accordance with the academic standards and student assessment program developed pursuant to KRS 158.6453 .
    2. The accountability system shall include an annual meaningful differentiation of all public schools in the state using multiple measures that describe the overall performance of each district, school, and student subgroup. Performance shall be based on a combination of academic and school quality indicators and measures, hereinafter called “state indicators.” The state indicators shall exclusively include:
      1. Student assessment results;
      2. Progress toward achieving English proficiency by limited English proficiency students;
      3. Quality of school climate and safety;
      4. High school graduation rates;
      5. Postsecondary readiness for each high school student, which shall be included as an academic indicator, and shall be measured by:
        1. Meeting or exceeding a college readiness benchmark score on the college admissions examination used as the statewide assessment in KRS 158.6453(5)(b)5. or a college placement examination approved by the Council on Postsecondary Education. The college readiness benchmark score shall be established by the Council on Postsecondary Education; or
        2. Achievement of college credit, postsecondary articulated credit, apprenticeship time toward a credential or associate degree, or any industry-recognized certifications, licensures, or credentials, with more weight in accountability for industry-recognized certifications, licensures, or credentials identified as high demand in accordance with the process described in paragraph (e) of this subsection. Eligible industry-recognized certifications, licensures, or credentials shall not be limited to those earned in conjunction with a minimum sequence of courses. Each high school shall publicly report the credits, hours, and credentials on an annual basis; and
      6. Any other factor mandated by the federal Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor.
      1. Beginning with data from the 2020-2021 and 2021-2022 school years, the accountability system performance for each district, school, and student subgroup determined by the state indicators shall be based on a combination of annual performance, hereinafter called “status,” and improvement over time, hereinafter called “change.” (c) 1. Beginning with data from the 2020-2021 and 2021-2022 school years, the accountability system performance for each district, school, and student subgroup determined by the state indicators shall be based on a combination of annual performance, hereinafter called “status,” and improvement over time, hereinafter called “change.”
      2. Status and change shall receive equal weight in determining overall performance. For all students as a group and separately for individual subgroups, status shall be determined, beginning with the data from the 2020-2021 academic year, by using the current year performance and change shall be determined, beginning with the data from the 2021-2022 academic year, by using the difference in performance from the prior to current year, except change shall be based on the difference in performance for the prior three (3) years for the purpose of determining the lowest-performing five percent (5%) of schools under KRS 160.346(2) and (3).
      3. For each state indicator, there shall be five (5) status levels ranging from very high to very low and five (5) change levels ranging from increased significantly to declined significantly.
      4. For each state indicator, there shall be five (5) status levels ranging from very high to very low and five (5) change levels ranging from increased significantly to declined significantly. The percentile cut scores for status and change levels shall be based on distribution and shall be approved by the Kentucky Department of Education and the Local Superintendents Advisory Council. The cut scores shall remain in place for at least six (6) years unless existing cut scores no longer support meaningful differentiation of schools as required by the federal Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor.
    3. Beginning in the fall of 2022, the Kentucky Department of Education shall develop an online display of the accountability system results hereinafter called a “dashboard.” A color-coded performance level for each state indicator shall be displayed in a straightforward manner on the dashboard for overall performance, status, and change by district, school, and individual subgroups. Overall performance shall aggregate all available data for the state indicators.
    4. Based on data from the Kentucky Center for Education and Workforce Statistics, each local workforce investment board, in conjunction with local economic development organizations from its state regional sector, shall annually compile a list of industry-recognized certifications, licensures, and credentials specific to the state and regional workforce area, rank them by demand for the state and regional area, and provide the list to the Kentucky Workforce Innovation Board. The Kentucky Workforce Innovation Board, in conjunction with the Kentucky Department of Education, may revise the lists before the Kentucky Department of Education disseminates the lists to all school districts to be used as postsecondary readiness indicators.
      1. The Kentucky Department of Education shall pay for the cost of an assessment taken by a high school student for attaining an industry-recognized certification, credential, or licensure if the student consecutively completes at least two (2) related career pathway courses approved by the department prior to taking the assessment. (f) 1. The Kentucky Department of Education shall pay for the cost of an assessment taken by a high school student for attaining an industry-recognized certification, credential, or licensure if the student consecutively completes at least two (2) related career pathway courses approved by the department prior to taking the assessment.
      2. If a high school student has not completed the two (2) course requirement described in subparagraph 1. of this paragraph but meets performance-based experience eligibility and passes an assessment, the department shall provide a weighted reimbursement amount to the school district for the cost of the assessment based on the level of demand of the certificate, credential, or license earned. The Kentucky Board of Education shall promulgate regulations establishing the performance-based experience eligibility requirements and weighted reimbursement amounts.
    5. Prior to promulgating administrative regulations to revise the accountability system, the board shall seek advice from the School Curriculum, Assessment, and Accountability Council; the Office of Education Accountability; the Education Assessment and Accountability Review Subcommittee; and the National Technical Advisory Panel on Assessment and Accountability.
  1. A student’s test scores shall be counted in the accountability measure of:
      1. The school in which the student is currently enrolled if the student has been enrolled in that school for at least a full academic year as defined by the Kentucky Board of Education; or (a) 1. The school in which the student is currently enrolled if the student has been enrolled in that school for at least a full academic year as defined by the Kentucky Board of Education; or
      2. The school in which the student was previously enrolled if the student was enrolled in that school for at least a full academic year as defined by the Kentucky Board of Education; and
    1. The school district if the student is enrolled in the district for at least a full academic year as defined by the Kentucky Board of Education; and
    2. The state if the student is enrolled in a Kentucky public school prior to the beginning of the statewide testing period.
  2. After receiving the advice of the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the National Technical Advisory Panel on Assessment and Accountability, the Kentucky Board of Education shall promulgate an administrative regulation in conformity with KRS 158.6471 and 158.6472 and KRS Chapter 13A to establish more rigorous action, intervention, and appropriate consequences for schools that fail to exit comprehensive support and improvement status described in KRS 160.346 . The consequences shall be designed to improve the academic performance and learning environment of identified schools and may include but not be limited to:
    1. A review and audit process to determine the appropriateness of a school’s or district’s classification and to recommend needed assistance;
    2. School and district improvement plans;
    3. Eligibility to receive Commonwealth school improvement funds under KRS 158.805 ;
    4. Education assistance from highly skilled certified staff; and
    5. Observation of school personnel.
  3. All students who drop out of school during a school year shall be included in a school’s annual average school graduation rate calculation.
  4. After receiving the advice of the Education Assessment and Accountability Review Subcommittee, the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the National Technical Advisory Panel on Assessment and Accountability, the Kentucky Board of Education may promulgate by administrative regulation, in conformity with KRS 158.6471 and 158.6472 and KRS Chapter 13A, a system of district accountability that includes establishing a formula for accountability, goals for improvement over a three (3) year period, rewards for leadership in improving teaching and learning in the district, and consequences that address the problems and provide assistance when one (1) or more schools in the district fail to exit comprehensive support and improvement status after three (3) consecutive years of implementing the turnaround intervention process described in KRS 160.346 .
  5. After receiving the advice of the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the National Technical Advisory Panel on Assessment and Accountability, the Kentucky Board of Education shall promulgate administrative regulations in conformity with KRS 158.6471 and 158.6472 and KRS Chapter 13A to establish a process whereby a school or school district shall be allowed to appeal any performance judgment made by the department under this section or KRS 160.346 of a principal, superintendent, school, or school district which it considers grossly unfair. Upon appeal, an administrative hearing shall be conducted in accordance with KRS Chapter 13B. The state board may adjust a performance judgment on appeal when evidence of unusual circumstances warrants the conclusion that the performance judgment is based on fraud or a mistake in computations, is arbitrary, is lacking any reasonable basis, or when there are significant new circumstances occurring during the three (3) year assessment period which are beyond the control of the appellant school or school district.

History. Enact. Acts 1990, ch. 476, Pt. I, § 5, effective July 13, 1990; 1994, ch. 256, § 4, effective July 1, 1994; 1994, ch. 408, § 3, effective July 15, 1994; 1996, ch. 318, § 49, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 598, § 12, effective April 14, 1998; 2000, ch. 212, § 2, effective July 14, 2000; 2000, ch. 452, § 6, effective July 14, 2000; 2004, ch. 58, § 1, effective July 13, 2004; 2004, ch. 103, § 2, effective July 13, 2004; 2004, ch. 188, § 2, effective July 13, 2004; 2006, ch. 227, § 3, effective July 12, 2006; 2009, ch. 101, § 4, effective March 25, 2009; 2017 ch. 156, § 4, effective April 10, 2017; 2019 ch. 199, § 2, effective June 27, 2019; 2020 ch. 112, § 1, effective July 15, 2020.

Legislative Research Commission Notes.

(3/25/2009). The Reviser of Statutes has altered the internal numbering of subsection (2) of this statute from the way it appears in 2009 Ky. Acts ch. 101, sec. 4, under the authority of KRS 7.136(1)(c).

NOTES TO DECISIONS

  1. Constitutionality.
  2. Reward Entitlement.
  3. Testing Program.
1. Constitutionality.

The statute is not unconstitutionally vague. Walker v. Kentucky Dep't of Educ., 981 S.W.2d 128, 1998 Ky. App. LEXIS 28 (Ky. Ct. App. 1998).

2. Reward Entitlement.

A person who was a certified staff member when a school earned a reward, but was no longer on staff when the reward was received by the school, was entitled to a portion of the reward; further, a person who was on staff at the time the reward was received, but not when it was earned, is not entitled to a portion of the reward. Walker v. Kentucky Dep't of Educ., 981 S.W.2d 128, 1998 Ky. App. LEXIS 28 (Ky. Ct. App. 1998).

3. Testing Program.

Regulations promulgated under the authority of KRS 156.160 authorize local school boards to establish additional graduation requirements above the minimum requirements established by the Kentucky Board of Education; such requirements may include a requirement that students take the Kentucky Instructional Results Information System (KIRIS) examination, established by the Board under KRS 158.645 et seq. Triplett v. Livingston County Bd. of Educ., 967 S.W.2d 25, 1997 Ky. App. LEXIS 74 (Ky. Ct. App. 1997), cert. denied, 525 U.S. 1104, 119 S. Ct. 870, 142 L. Ed. 2d 771, 1999 U.S. LEXIS 599 (U.S. 1999).

Cited:

Board of Educ. v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152 ( Ky. 1994 ).

Opinions of Attorney General.

A recommendation of dismissal of a certified staff member from a distinguished educator is binding on the superintendent. Upon receiving the recommendation, the superintendent is required to “notify the staff member pursuant to KRS 161.790 .” OAG 92-135 .

Following the State Board’s declaration that a school is “in crisis,” the full-time and part-time members of the certified staff are automatically to be placed on probation. This occurs before any determination is made as to whether any particular teacher shall be dismissed, retained, or transferred. Once assigned to work with the school, the Kentucky Distinguished Educator is required, every six (6) months, to evaluate the certified staff, and to make recommendations to the superintendent regarding continued employment. OAG 92-135 .

Only recommendations of dismissal from a distinguished educator to a superintendent are binding. Recommendations for transfer must conform to bargained contracts that are in effect between the school district and employees. Accordingly, the superintendent has discretion, when recommendations other than dismissal are made, to take such actions as are feasible, given the limitations of bargained contracts and of available vacancies. OAG 92-135 .

Success of each school is to be determined by measuring the school’s improvement in its proportion of successful students, based on the outcome goals. OAG 92-135 .

Teachers dismissed upon recommendation of a distinguished educator continue to have a statutory right to be given cause for their dismissal and a right of appeal. OAG 92-135 .

Termination of a teacher who is placed on probation under the criteria of subsection (5) (former provisions have been deleted by amendment) of this section constitutes termination for cause under KRS 161.790 , and accordingly invokes a right of appeal. OAG 92-135 .

The distinguished educator has authority to override decisions of the school staff. The distinguished educator also has authority to override decisions of the local superintendent when recommending dismissal of certified personnel. OAG 92-135 .

When a distinguished educator makes a dismissal recommendation to the superintendent pursuant to this section, that recommendation is binding on the superintendent. The recommendation is based on an individual evaluation of the teacher by the distinguished educator after a minimum of six (6) months of evaluation. In view of the fact that the termination is for cause, based on an evaluation of the teacher, some documentation or evidence is required. OAG 92-135 .

This section permits a local school council or principal to use school reward money to pay teacher bonuses, and these bonuses are permissible under the Kentucky Constitution because they are “for school purposes.” OAG 00-2 .

Research References and Practice Aids

Kentucky Bench & Bar.

Keating, You Get What You Pay For: Financing Public Schools in Kentucky, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 6.

Kirby, School-Based Decision Making, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 15.

Education Law: The Federal No Child Left Behind Act — The Kentucky Experience, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 35.

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

158.6457. Definitions for KRS 158.6452, 158.6453, 158.6455, and 158.6457.

As used in this section and KRS 158.6452 , 158.6453 , and 158.6455 , unless the context requires otherwise:

  1. “Accountability index” means the statistic, as provided by KRS 158.6455(1), that combines a school’s academic and nonacademic factors;
  2. “Core content for assessment” means the content identified for all students to know that is to be included on the state assessment; and
  3. “Nonacademic factors” means the statistic that describes school success on:
    1. Increasing attendance and decreasing retention rates at the elementary school level;
    2. Increasing attendance rates and decreasing retention and dropout rates at the middle school level; and
    3. Increasing attendance rates and decreasing retention and dropout rates and improving the transition to adult life at the secondary school level.

History. Enact. Acts 1998, ch. 598, § 1, effective April 14, 1998; 2017 ch. 156, § 17, effective April 10, 2017.

158.6458. Plan for implementation of state assessment and accountability system — Report.

The Department of Education shall develop a plan for implementing the state assessment and accountability system created under KRS 158.6453 and 158.6455 and shall report quarterly to the Interim Joint Committee on Education on its progress in the following areas:

  1. Establishing a consistent structure of test components, grade-level testing distribution, and test administration procedures;
  2. Beginning a new cycle of equating procedures for which their adequacy and precision can be tested rigorously and conducting appropriate equating analyses to accommodate the new accountability system;
  3. Publishing more complete and informative guides for interpreting school accountability changes;
  4. Reviewing school accountability classifications to assure their construct validity in all cases where they are applied;
  5. Developing and implementing a validity research plan as required under KRS 158.6453 ;
  6. Establishing additional routine audits of key processes in the assessment and accountability program;
  7. Maintaining and cataloging a library of technical documents related to the assessment and accountability program for internal and external review purposes. In addition, the department shall produce an annual technical report for audiences that include educators, testing coordinators, parents, and legislators; and
  8. Maintaining a vigorous ongoing program of research and documentation of the effects of the assessment and accountability system on Kentucky schools.

History. Enact. Acts 1998, ch. 598, § 17, effective April 14, 1998; 2009, ch. 101, § 5, effective March 25, 2009; 2017 ch. 156, § 5, effective April 10, 2017.

158.6459. Intervention strategies for accelerated learning — Individualized learning plan — Support and technical assistance.

  1. A high school student whose highest score on the college admissions examination under KRS 158.6453(5)(b)5. in English, reading, or mathematics is below the systemwide standard established by the Council on Postsecondary Education for entry into a credit-bearing course at a public postsecondary institution without placement in a remedial course or an entry-level course with supplementary academic support shall be provided the opportunity to participate in accelerated learning designed to address his or her identified academic deficiencies prior to high school graduation.
  2. A high school, in collaboration with its school district, shall develop and implement accelerated learning that:
    1. Allows a student’s learning plan to be individualized to meet the student’s academic needs based on an assessment of test results and consultation among parents, teachers, and the student; and
    2. May include changes in a student’s class schedule.
  3. The Kentucky Department of Education, the Council on Postsecondary Education, and public postsecondary institutions shall offer support and technical assistance to schools and school districts in the development of accelerated learning.

History. Enact. Acts 2006, ch. 227, § 2, effective July 12, 2006; 2009, ch. 101, § 6, effective March 25, 2009; 2016 ch. 136, § 7, effective July 15, 2016; 2017 ch. 156, § 6, effective April 10, 2017.

158.646. Kentucky Institute for Education Research Board.

  1. The Kentucky Institute for Education Research Board is hereby created.
  2. The board shall establish a corporation which can qualify and obtain status under Section 501(c)(3) of the Internal Revenue Code. The purpose and mission of the corporation shall be to solicit and raise funds through private foundations, grants, and government agencies to support the independent evaluation of the Kentucky Education Reform Act and related activities. The corporation shall serve as a stimulus and clearinghouse for Kentucky Education Reform Act related research projects.
    1. The board shall cause an in-depth evaluation of the impact of Kentucky Education Reform Act to be performed. This evaluation shall include, but not be limited to, the effect of the reforms on students, individual schools, school systems, and educators. The evaluation shall also include an analysis of the reliability and validity of the changes in scores between baseline scores and scores from subsequent administrations of tests. (3) (a) The board shall cause an in-depth evaluation of the impact of Kentucky Education Reform Act to be performed. This evaluation shall include, but not be limited to, the effect of the reforms on students, individual schools, school systems, and educators. The evaluation shall also include an analysis of the reliability and validity of the changes in scores between baseline scores and scores from subsequent administrations of tests.
    2. The board shall make recommendations to the citizens and elected leaders of the Commonwealth concerning the enhancement of the benefits of the Kentucky Education Reform Act and the expansion and improvement of services to students.
    3. The board shall establish an organizational capacity to:
      1. Develop and manage implementation of a research design to include the issuing of requests for proposals; awarding of contracts; and general oversight and coordination of the quality and quantity of research;
      2. Conduct research in accordance with a comprehensive research design and establish priorities; and
      3. Design and implement a comprehensive educational data information system.
    4. The board shall prepare an annual report of its activities and the activities of the corporation and forward copies to the Governor, the Legislative Research Commission, the Kentucky Board of Education, and the Council on Postsecondary Education and make copies available to the citizens of the Commonwealth.
    5. The board shall hire an executive officer and other necessary personnel to carry out its responsibilities.
    6. The board shall consist of ten (10) members who shall initially be appointed to two (2) year terms by the Governor. The board shall select from its membership a chairperson and establish bylaws, including bylaws governing board membership and length of terms. Upon expiration of the initial appointments and adoption of bylaws governing membership and length of terms by the board, the board shall be self-perpetuating, and the appointment and length of terms shall be made in accordance with the board’s bylaws. Vacancies which occur before the expiration of the initial appointments shall be filled by the Governor for the remaining term of the vacancy.

History. Enact. Acts 1994, ch. 408, § 1, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 62, effective May 30, 1997.

Compiler’s Notes.

This section was formerly codified as KRS 158.683 and was renumbered by the Reviser of Statutes as KRS 158.646 , effective September 16, 1996.

Section 501(c)(3) of the Internal Revenue Code is compiled as 26 USCS § 501(c)(3).

The Kentucky Education Reform Act referred to in subsection (2) of this section was enacted by Acts 1990, ch. 476 and is compiled mainly throughout Title XII. Education.

Legislative Research Commission Note.

(9/16/96). This statute has been renumbered as KRS 158.646 from KRS 158.683 in order to remove the statute from the sunset provision contained in KRS 158.710(6). Initial placement of this statute within the range set out in the sunset provision was an inadvertent mistake in codification. 1994 Ky. Acts ch. 408, sec. 1 did not direct that the statute be placed within the range set out in the sunset provision.

Research References and Practice Aids

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

158.647. Education Assessment and Accountability Review Subcommittee — Members — Duties — Vote required to act.

  1. A permanent subcommittee of the Legislative Research Commission to be known as the Education Assessment and Accountability Review Subcommittee is hereby created. The subcommittee shall be composed of eight (8) members appointed as follows: three (3) members of the Senate appointed by the President of the Senate; one (1) member of the minority party in the Senate appointed by the Minority Floor Leader in the Senate; three (3) members of the House of Representatives appointed by the Speaker of the House of Representatives; and one (1) member of the minority party in the House of Representatives appointed by the Minority Floor Leader in the House of Representatives. Members of the subcommittee shall serve for terms of two (2) years, and the members appointed from each chamber shall elect one (1) member from their chamber to serve as co-chair. The co-chairs shall have joint responsibilities for subcommittee meeting agendas and presiding at subcommittee meetings. A majority of the entire membership of the Education Assessment and Accountability Review Subcommittee shall constitute a quorum, and all actions of the subcommittee shall be by vote of a majority of its entire membership. Any vacancy that may occur in the membership of the subcommittee shall be filled by the same appointing authority who made the original appointment.
  2. The subcommittee shall review administrative regulations and advise the Kentucky Board of Education concerning the implementation of the state system of assessment and accountability, established in KRS 158.6453 , 158.6455 , and 158.782 , and for any administrative regulation promulgated under provisions of KRS 158.860 .
  3. The subcommittee shall advise and monitor the Office of Education Accountability in the performance of its duties according to the provisions of KRS 7.410 .
  4. On an alternating basis, each co-chair shall have the first option to set the monthly meeting date. A monthly meeting may be canceled by agreement of both co-chairs. The members of the subcommittee shall be compensated for attending meetings as provided in KRS 7.090 .
  5. Any professional, clerical, or other employees required by the subcommittee shall be provided in accordance with the provisions of KRS 7.090 .

History. Enact. Acts 1998, ch. 598, § 2, effective April 14, 1998; 2000, ch. 437, § 2, effective July 14, 2000; 2002, ch. 235, § 1, effective April 8, 2002; 2003, ch. 185, § 6, effective March 31, 2003; 2006, ch. 119, § 2, effective July 12, 2006.

Research References and Practice Aids

Kentucky Bench & Bar.

Education Law: The Federal No Child Left Behind Act — The Kentucky Experience, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 35.

158.6471. Meetings — Required attendance for department representative — Report — Assignment of regulation to committee — Consideration.

  1. Within forty-five (45) days after publication of an administrative regulation in “The Administrative Register” or within sixty (60) days of the receipt of a statement of consideration, the Education Assessment and Accountability Review Subcommittee shall meet to review the administrative regulation.
  2. The meetings shall be open to the public.
  3. Public notice of the time, date, and place of the subcommittee meeting shall be given in The Administrative Register.
  4. A representative of the Department of Education shall be present to explain the administrative regulation and to answer questions thereon. If a representative of the Department of Education is not present at the subcommittee meeting, the administrative regulation shall be deferred to the next regularly scheduled meeting of the subcommittee.
  5. Following the meeting and before the next regularly scheduled meeting of the Legislative Research Commission, the subcommittee shall forward to the Commission its findings, recommendations, or other comments it deems appropriate in writing. The subcommittee shall also forward to the Commission its findings, recommendations, or other comments it deems appropriate on an existing administrative regulation it has reviewed. One (1) copy shall be sent to the Department of Education. The subcommittee’s findings shall be published in The Administrative Register.
    1. After review by the subcommittee, the Commission shall at its next regularly scheduled meeting assign the matter as appropriate to the Interim Joint Committee on Education, the Senate standing Education Committee, the House standing Education Committee, or the Senate and the House standing committees meeting jointly. (6) (a) After review by the subcommittee, the Commission shall at its next regularly scheduled meeting assign the matter as appropriate to the Interim Joint Committee on Education, the Senate standing Education Committee, the House standing Education Committee, or the Senate and the House standing committees meeting jointly.
    2. Upon notification of the assignment by the Commission, the Education Committee shall notify the regulations compiler:
      1. Of the date, time, and place of the meeting at which it will consider the matter; or
      2. That it will not meet to consider the matter.
  6. Within thirty (30) days of the assignment, the Education Committee, when it plans to consider an administrative regulation, shall hold a public meeting during which the regulation shall be reviewed. If the thirtieth day of the assignment falls on a Saturday, Sunday, or holiday, the deadline for review shall be the workday following the Saturday, Sunday, or holiday. The committee may also review an existing administrative regulation and make a determination as provided by KRS 13A.030(2), (3), and (4). Notice of the time, date, and place of the meeting shall be placed in the legislative calendar.
  7. The Department of Education shall comply with subsection (4) of this section.
  8. The Education Committee shall be empowered to make the same nonbinding determinations and to exercise the same authority as the Administrative Regulation Review Subcommittee.
    1. Upon adjournment of the meeting at which the Education Committee has considered an administrative regulation pursuant to subsection (7) of this section, the committee shall inform the regulations compiler of its findings, recommendations, or other action taken on the administrative regulation. (10) (a) Upon adjournment of the meeting at which the Education Committee has considered an administrative regulation pursuant to subsection (7) of this section, the committee shall inform the regulations compiler of its findings, recommendations, or other action taken on the administrative regulation.
    2. Following the meeting and before the next regularly scheduled meeting of the Commission, the committee shall forward to the Commission its findings, recommendations, or other comments it deems appropriate in writing. One (1) copy shall be sent to the Department of Education. The committee’s findings shall be published in The Administrative Register.

History. Enact. Acts 1998, ch. 598, § 4, effective April 14, 1998; 2003, ch. 89, § 18, effective June 24, 2003; 2019 ch. 192, § 16, effective June 27, 2019.

158.6472. Review of administrative regulations.

The review of administrative regulations promulgated by the Kentucky Board of Education under the authority granted by KRS 158.6453 , 158.6455 , and 158.782 shall comply with the provisions of KRS 158.6471 and KRS Chapter 13A.

History. Enact. Acts 1998, ch. 598, § 3, effective April 14, 1998.

158.648. State Advisory Council for Gifted and Talented Education — Purpose — Duties.

  1. The State Advisory Council for Gifted and Talented Education is hereby created and attached to the Kentucky Department of Education. The council’s purpose is to make recommendations regarding the provisions of services for gifted and talented students in Kentucky’s education system.
    1. The council shall be composed of nineteen (19) voting members who shall be appointed by the Governor and three (3) nonvoting, ex officio members. The members shall be appointed representing various constituencies as follows:
      1. Four (4) members shall be teachers within local school districts representing elementary, middle, and high school levels with at least one (1) full-time teacher of gifted and talented students and one (1) full-time teacher who teaches in a regular classroom;
      2. Four (4) members shall be parents of students in local school districts, including two (2) parents of students identified as gifted and talented and at least one (1) who serves or has served on a school council;
      3. Three (3) members shall be from postsecondary education institutions, including one (1) from an independent college or university;
      4. One (1) member shall be a superintendent of a local school district;
      5. Two (2) members shall be principals, including one (1) from an elementary or middle school and one (1) from a high school;
      6. Two (2) members shall be coordinators of gifted and talented programs and services in local school districts;
      7. One (1) member shall be a local board of education member;
      8. One (1) member shall represent the visual and performing arts; and
      9. One (1) member shall be appointed from the private business sector.
    2. The three (3) nonvoting ex officio members shall be: the state consultant for gifted and talented education in the Kentucky Department of Education, a staff person designated by the executive secretary of the Education Professional Standards Board, and a staff person designated by the president of the Council on Postsecondary Education. Vacancies shall be filled by the Governor as they occur in a manner consistent with the provisions for initial appointment.
    3. Each board member shall serve a three (3) year term or until a successor is appointed, except that for initial appointments to the board, three (3) of the members shall be appointed to serve a one (1) year term, eight (8) of the members shall be appointed to serve a two (2) year term, and eight (8) of the members shall be appointed to serve a three (3) year term. A member may be reappointed but may not serve more than two (2) consecutive terms.
  2. The council shall advise the commissioner of education, the Kentucky Board of Education, and the Education Professional Standards Board concerning the development of administrative regulations and education policy regarding gifted and talented students. The commissioner of education and the executive secretary for the Education Professional Standards Board shall submit proposed administrative regulations and educational policies relating to gifted and talented education and other administrative regulations that impact gifted and talented students for review by the advisory council prior to seeking approval of the appropriate board.
  3. As the advisory council considers issues relating to gifted and talented students, it shall seek dialogue with other agencies and organizations, including the Parent Teachers Association, the Governor’s Scholars Program, the Governor’s School for the Arts, the Governor’s School for Entrepreneurs Program, the Kentucky Association of School Councils, the Kentucky Association for Gifted Education, the Kentucky School Boards Association, the Kentucky Association of School Administrators, and the Kentucky Council for Exceptional Children.
  4. The advisory council shall annually elect a chair from its membership, establish meeting operational procedures, and meet at least two (2) times annually.
  5. The Department of Education shall provide staff and administrative support and shall administer the funds appropriated to support the expenses of the council.
  6. The members of the advisory council shall serve without compensation but shall be reimbursed for necessary expenses in the same manner as state employees.

History. Enact. Acts 1998, ch. 547, § 1, effective July 15, 1998; 2016 ch. 150, § 3, effective July 15, 2016.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (9) at 871.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (11) at 1060.

158.6485. Governor’s School for Entrepreneurs Program — Entrepreneurship education organization — Advisory board — Appropriations — Accounting practices and program reports — Restricted use of funds.

  1. The Governor’s School for Entrepreneurs Program is established as a statewide summer experiential education program for creative and enterprising students to enhance the next generation of business and economic leaders and enrich future economic development across the Commonwealth. The Governor’s School for Entrepreneurs Program shall be attached to the Office of the Secretary in the Education and Workforce Development Cabinet for administrative purposes.
  2. As used in this section, “entrepreneurship education organization” means a not-for-profit organization that has:
    1. Received tax-exempt status from the United States Internal Revenue Service;
    2. Registered with the Office of the Kentucky Secretary of State;
    3. A statewide mission to generate interest and knowledge in entrepreneurship; and
    4. A history of operating education programs focused on entrepreneurship.
    1. The Governor or the Governor’s designee from the executive cabinet, the commissioner of education, the president of the Council on Postsecondary Education, and the secretary of the Education and Workforce Development Cabinet shall serve as ex officio members of an advisory board to the Governor’s School for Entrepreneurs Program. In addition, the Governor shall appoint five (5) members to the advisory board as provided in paragraph (b) of this subsection. (3) (a) The Governor or the Governor’s designee from the executive cabinet, the commissioner of education, the president of the Council on Postsecondary Education, and the secretary of the Education and Workforce Development Cabinet shall serve as ex officio members of an advisory board to the Governor’s School for Entrepreneurs Program. In addition, the Governor shall appoint five (5) members to the advisory board as provided in paragraph (b) of this subsection.
    2. By July 31, 2016, the Governor shall appoint five (5) initial members of the advisory board to serve as follows:
      1. One (1) shall be appointed to serve a three (3) year term;
      2. Two (2) shall be appointed to serve a (2) year term; and
      3. Two (2) shall be appointed to serve a (1) year term.
  3. The Education and Workforce Development Cabinet shall contract with an entrepreneurship education organization to administer and operate the statewide Governor’s School for Entrepreneurs Program created in this section. The Education and Workforce Development Cabinet shall approve the contract application criteria, the process for submission of a contract application, and the structure and type of evaluation criteria used in the contract application review process.
  4. The annual appropriation for the statewide Governor’s School for Entrepreneurs Program from the general fund shall be transmitted to an entrepreneurship education organization on July 1 of each year to facilitate the operation of the summer program. Funds shall be used only for the purposes of the statewide Governor’s School for Entrepreneurs Program and, notwithstanding KRS 45.229 , shall not lapse at the end of the fiscal year.
    1. The entrepreneurship education organization shall follow standard accounting practices and shall submit the following financial reports to the Office of the Secretary of the Education and Workforce Development Cabinet, the Finance and Administration Cabinet, and the Legislative Research Commission: (6) (a) The entrepreneurship education organization shall follow standard accounting practices and shall submit the following financial reports to the Office of the Secretary of the Education and Workforce Development Cabinet, the Finance and Administration Cabinet, and the Legislative Research Commission:
      1. Quarterly reports of expenditures of state funds for the Governor’s School for Entrepreneurs Program, submitted on or before the thirtieth day after the end of each quarter in the organization’s fiscal year;
      2. Annual reports of receipts and expenditures for the Governor’s School for Entrepreneurs Program, submitted on or before the sixtieth day after the end of the fiscal year of the organization; and
      3. The report of an annual financial compilation or review conducted by an independent accounting firm, submitted on or before September 1 of each year.
    2. On or before March 1 of each year, the entrepreneurship education organization shall file a report detailing the operations of the Governor’s School for Entrepreneurs Program for the preceding year with the Office of the Secretary of the Education and Workforce Development Cabinet, the Finance and Administration Cabinet, and the Legislative Research Commission. The report shall include information concerning the program, student and faculty demographics, and program outcomes according to such measures of success as the advisory board to the statewide Governor’s School for Entrepreneurs Program, in collaboration with the entrepreneurship education organization, may develop.
    3. Nothing in this section shall prevent the entrepreneurship education organization from soliciting program support, cooperation, and funds from private businesses, foundations, industries, and government agencies with an interest in technological innovations, economic development, and entrepreneurial education. Funds may be solicited, accepted, received, and expended from public and private sources for the purpose of implementing this section.
  5. The entrepreneurship education organization may perform other programs and initiatives pertaining to its mission so long as all funds appropriated for the statewide Governor’s School for Entrepreneurs Program are restricted solely for the design, development, and operation of the statewide Governor’s School for Entrepreneurs Program.

Members appointed by the Governor may be reappointed by the Governor to serve successive terms. In making gubernatorial appointments, the Governor shall consider recommendations and information on business and entrepreneurial experience provided by a nominating committee of the board and shall attempt to promote geographic balance on the board. The Governor shall make appointments to fill gubernatorial vacancies as they occur. Each appointment after the initial appointment shall be for a three (3) year term unless the appointment is to fill the unexpired portion of a term.

HISTORY: 2016 ch. 150, § 1, effective July 15, 2016.

158.649. Achievement gaps — Data on student performance — Policy for reviewing academic performance — Student achievement targets — Reporting requirements — Review and revision of improvement plan.

  1. “Achievement gap” means the difference between performance goals and actual performance on each of the tested areas by grade level of the state assessment program for each of the various subgroups of students as described in the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, including male and female students, students with and without disabilities, students with and without English proficiency, minority and nonminority students, and students who are eligible for free and reduced lunch and those who are not eligible for free and reduced lunch.
  2. By October 1 of each year, the Department of Education shall provide each school council, or the principal if a school council does not exist, data on its students’ performance as shown by the state assessment program described in KRS 158.6453 . The data shall include but not be limited to information on performance levels of all students tested, and information on the performance of students disaggregated by race, gender, disability, English proficiency, and participation in the federal free and reduced price lunch program, and any other subgroups as described in the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor. The information from the department shall include an equity analysis that shall identify the substantive differences among the various groups of students identified in subsection (1) of this section. Beginning with the 2012-2013 school year, the reporting requirement in this subsection shall be no later than seventy-five (75) days following the first day the assessment can be administered.
  3. Each local board of education upon the recommendation of the local district superintendent shall adopt a policy for reviewing the academic performance on the state assessments required under KRS 158.6453 for various groups of students, including major racial groups, gender, disability, free and reduced price school lunch eligibility, and limited English proficiency. The local board policy shall be consistent with Kentucky Board of Education administrative regulations. Upon agreement of the school-based decision making council, or the principal if there is not a council, and the superintendent, the local board shall establish an annual target for each school for reducing identified gaps in achievement as set out in subsection (4) of this section.
  4. By February 1 of each year, the school-based decision making council, or the principal if there is not a council, with the involvement of parents, faculty, and staff shall set the school’s targets for eliminating any achievement gap and submit them to the superintendent for consideration. The superintendent and the school-based decision making council, or the principal if there is not a council, shall agree on the targets before they are submitted to the local board of education for adoption.
  5. By January 1 of each year, the school council, or the principal if a school council does not exist, with the involvement of parents, faculty, and staff, shall review the data and revise the school improvement plan to include the targets, strategies, activities, and a time schedule calculated to eliminate the achievement gap among various groups of students to the extent it may exist. The plan shall include but not be limited to activities designed to address the following areas:
    1. Curriculum alignment within the school and with schools that send or receive the school’s students;
    2. Evaluation and assessment strategies to continuously monitor and modify instruction to meet student needs and support proficient student work;
    3. Professional development to address the goals of the plan;
    4. Parental communication and involvement;
    5. Attendance improvement and dropout prevention; and
    6. Technical assistance that will be accessed.
  6. The principal shall convene a public meeting at the school to present and discuss the plan prior to submitting it to the superintendent and the local board of education for review, in the public meeting required under KRS 160.340 .
  7. Based on the disaggregated assessment results, the local board shall determine if each school achieved its targets for each group of students. Only data for a group of students including ten (10) or more students shall be considered.
  8. Notwithstanding KRS 160.345(8) and 158.070(8), if a local board determines that a school has not met its target to reduce the identified gap in student achievement for a group of students, the local board shall require the council, or the principal if no council exists, to submit its revisions to the school improvement plan describing the use of professional development funds and funds allocated for continuing education to reduce the school’s achievement gap for review and approval by the superintendent. The plan shall address how the school will meet the academic needs of the students in the various groups identified in subsection (1) of this section.
  9. The superintendent shall report to the local school board and the commissioner of education if a school fails to meet its targets in any academic content area to reduce the gap in student achievement for any student group for two (2) consecutive years. The school’s improvement plan shall be subject to review and approval by the Kentucky Department of Education and the school shall submit an annual status report. The Department of Education may provide assistance as defined in KRS 160.346 to schools as it deems necessary to assist the school in meeting its goals.
  10. The school-based decision making council, or the principal if there is not a council, shall no longer be required to seek approval of the plan under subsections (8) and (9) of this section when it meets its target for reducing the gap in student achievement for the various groups of students identified in subsection (1) of this section.

History. Enact. Acts 2002, ch. 302, § 1, effective July 15, 2002; 2009, ch. 101, § 7, effective March 25, 2009; 2010, ch. 146, § 3, effective April 13, 2010; 2014, ch. 14, § 5, effective July 15, 2014; 2017 ch. 156, § 7, effective April 10, 2017; 2020 ch. 112, § 7, effective July 15, 2020.

158.650. Definitions for KRS 158.680 to 158.710. [Repealed]

History. Enact. Acts 1978, ch. 151, § 2, effective June 17, 1978; 1982, ch. 13, § 1, effective July 15, 1982; 1984, ch. 65, § 1, effective July 13, 1984; 1984, ch. 347, § 1, effective July 13, 1984; 1988, ch. 357, § 1, effective July 15, 1988; 1990, ch. 476, Pt. I, § 8, effective July 13, 1990; repealed by 2017 ch. 80, § 58, effective June 29, 2017; repealed by 2017 ch. 177, Pt D, § 8, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 151, § 2, effective June 17, 1978; 1982, ch. 13, § 1, effective July 15, 1982; 1984, ch. 65, § 1, effective July 13, 1984; 1984, ch. 347, § 1, effective July 13, 1984; 1988, ch. 357, § 1, effective July 15, 1988; 1990, ch. 476, Pt. I, § 8, effective July 13, 1990) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

158.660. Intent and purpose. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 151, § 3, effective June 17, 1978; 1982, ch. 13, § 2, effective July 15, 1982; 1984, ch. 347, § 2, effective July 13, 1984) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.665. Basic skills development regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 397, § 42, effective July 13, 1984) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.670. Department to administer educational improvement act — Administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 151, § 4, effective June 17, 1978; 1984, ch. 347, § 4, effective July 13, 1984) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.680. State Advisory Committee for Educational Improvement. [Repealed]

History. Enact. Acts 1978, ch. 151, § 5, effective June 17, 1978; 1988, ch. 357, § 4, effective July 15, 1988; 1990, ch. 476, Pt. I, § 9, effective July 13, 1990; repealed by 2017 ch. 80, § 58, effective June 29, 2017; repealed by 2017 ch. 177, Pt D, § 8, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 151, § 5, effective June 17, 1978; 1988, ch. 357, § 4, effective July 15, 1988; 1990, ch. 476, Pt. I, § 9, effective July 13, 1990) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

158.683. Kentucky Institute for Education Research Board. [Renumbered.]

Compiler’s Notes.

This section was renumbered as KRS 158.646 , effective September 16, 1996.

158.685. Standards of student, program, service, and operational performance to be established — Educationally deficient school district — Action to eliminate deficiency — Education development district. [Repealed]

History. Enact. Acts 1984, ch. 347, § 3, effective July 13, 1984; 1988, ch. 357, § 5, effective July 15, 1988; 1990, ch. 476, Pt. I, § 10, effective July 13, 1990; repealed by 2017 ch. 80, § 58, effective June 29, 2017; repealed by 2017 ch. 177, Pt D, § 8, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 347, § 3, effective July 13, 1984; 1988, ch. 357, § 5, effective July 15, 1988; 1990, ch. 476, Pt. I, § 10, effective July 13, 1990) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

158.690. Assessment and testing program — Publication of test results. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 151, § 6, effective June 17, 1978; 1982, ch. 13, § 3, effective July 15, 1982; 1984, ch. 66, § 1, effective July 13, 1984; 1984, ch. 347, § 5, effective July 13, 1984; 1986, ch. 341, § 1, effective July 15, 1986, 1988, ch. 357, § 6, effective July 15, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.700. Specific duties of department relating to testing. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 151, § 7, effective June 17, 1978; 1982, ch. 13, § 4, effective July 15, 1982; 1984, ch. 347, § 6, effective July 13, 1984; 1984, ch. 397, § 1, effective July 13, 1984, 1988, ch. 357, § 7, effective July 15, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.710. Responsibilities and functions of educationally deficient districts and education development districts — Plans required — Reports required. [Repealed]

History. Enact. Acts 1978, ch. 151, § 8, effective June 17, 1978; 1982, ch. 13, § 5, effective July 15, 1982; 1984, ch. 347, § 7, effective July 13, 1984; 1988, ch. 357, § 8, effective July 15, 1988; 1990, ch. 476, Pt. I, § 11, effective July 13, 1990; repealed by 2017 ch. 80, § 58, effective June 29, 2017; repealed by 2017 ch. 177, § 8, effective June 29, 2017.

Compiler's Notes.

This section (Enact. Acts 1978, ch. 151, § 8, effective June 17, 1978; 1982, ch. 13, § 5, effective July 15, 1982; 1984, ch. 347, § 7, effective July 13, 1984; 1988, ch. 357, § 8, effective July 15, 1988; 1990, ch. 476, Pt. I, § 11, effective July 13, 1990) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

158.720. Coordination of local educational improvement plan with master inservice educational plan — Technical assistance by department. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 151, § 9, effective June 17, 1978; 1982, ch. 13, § 6, effective July 15, 1982) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.730. Department to submit plans and reports to various officers and agencies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 151, § 10, effective June 17, 1978; 1984, ch. 347, § 8, effective July 13, 1984; 1988, ch. 357, § 9, effective July 15, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.740. Title. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 151, § 1, effective June 17, 1978; 1988, ch. 357, § 10, effective July 15, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.750. Testing on basic skills — Exemption — Remedial instruction — Supplemental classroom units — Selection of students for remedial instruction. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 403, § 1, effective July 13, 1984; 1986, ch. 341, § 2, effective July 15, 1986; 1988, ch. 357, § 11, effective July 15, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.760. School-to-Careers System — Legislative intent — Goals.

  1. It is the intent of the General Assembly that a School-to-Careers System be developed to serve as an umbrella for career-related programs in the public schools, including School-to-Work, Tech Prep, and High Schools That Work initiatives.
  2. The goals of the School-to-Careers System shall be to:
    1. Increase the math, science, communications, social studies, and technical skills of all students through the implementation of a more rigorous and relevant applied curriculum and instructional process;
    2. Increase the awareness of job and career availability in the future workforce and the skills required to obtain those positions;
    3. Increase the postsecondary education’s entry and completion rates and reduce the percentage of students taking remedial courses;
    4. Decrease the high school dropout rate through a system of increased guidance and extra help focused on academics and career achievement;
    5. Make all students aware of employer expectations in order to be successful;
    6. Increase the daily attendance rate at all secondary schools; and
    7. Provide the educational experiences that will cause all students to meet the goals and capacities identified in KRS 158.645 and KRS 158.645 1 for Kentucky students.

History. Enact. Acts 1998, ch. 444, § 1, effective April 9, 1998.

158.7603. School-to-Careers Grant Program — Authority for administrative regulations — Advisory committee.

  1. The School-to-Careers Grant Program shall be provided by the General Assembly to provide matching funds to school districts or consortia of school districts for the development and implementation of comprehensive plans that include:
    1. A comprehensive career awareness and exploration program for all students in grades K-8 to include study of Kentucky’s fourteen (14) career clusters;
    2. High level academic and vocational courses for all secondary students to replace a general track curriculum;
    3. A comprehensive career guidance program to assist all secondary students in developing individual graduation plans;
    4. Applied academic instructional models for all disciplines and integration of academics and vocational education curriculum;
    5. Implementation of industry skill standards within all relevant academic and vocational education programs;
    6. Planned instructional programs to meet the needs of students with disabilities and other special needs students;
    7. Opportunity for students to receive, in addition to a high school diploma, a Career Major Certificate upon completion of the high school graduation requirements, work-based learning experiences, specific course work, and a career culminating project;
    8. Opportunity for students to participate in structured workbased learning;
    9. Linkages with postsecondary institutions that create a smooth and seamless transition from secondary to postsecondary education;
    10. Professional development for faculty and staff focused on developing integrated and applied curriculum; and
    11. A School-to-Careers Partnership Council composed of representatives of business, labor, education agencies, parents, students, teachers, administrators, and community organizations.
  2. The Kentucky Board of Education shall promulgate administrative regulations that set forth the request for proposal process, the criteria for grant awards, the responsibilities of local districts and consortia seeking matching funds, the level of funding available, and criteria for evaluating the success of the programs.
  3. The Department of Education shall administer the funds and shall provide technical assistance to local districts and consortia in developing, implementing, and evaluating School-to-Careers programs.
  4. The commissioner of education shall establish a state advisory committee composed of business, industry, labor, education, and government with a minimum of fifty-one percent (51%) of its membership from the employment sector to advise the department in the School-to-Careers program. The members shall serve without compensation but may be reimbursed for necessary travel expenses.
  5. The grant funds may be used to enhance on-going efforts such as Tech Prep, School-to-Work, and High Schools that Work initiatives.

History. Enact. Acts 1998, ch. 444, § 2, effective April 9, 1998.

158.770. Advisory committee on writing program.

An advisory committee on writing shall be created by the Kentucky Board of Education to make recommendations to the board regarding the establishment of an intensive writing component in the state program of studies for grades seven (7) through ten (10) and the establishment of innovative pilot writing programs in selected local school districts in grades seven (7) through ten (10).

  1. The advisory committee shall be composed of nine (9) members appointed by the Kentucky Board of Education. The majority of the membership shall be educators currently employed by local school districts or public universities.
    1. On July 13, 1990, the terms of the current members of the advisory committee shall expire and the Kentucky Board of Education shall appoint members as follows: three (3) members shall serve two (2) year terms, three (3) members shall serve three (3) year terms, and three (3) members shall serve four (4) year terms. (2) (a) On July 13, 1990, the terms of the current members of the advisory committee shall expire and the Kentucky Board of Education shall appoint members as follows: three (3) members shall serve two (2) year terms, three (3) members shall serve three (3) year terms, and three (3) members shall serve four (4) year terms.
    2. As the terms described in subsection (a) of this section expire, members appointed thereafter shall serve four (4) year terms.
  2. All operating expenses of the committee shall be approved by the Kentucky Board of Education and paid from funds budgeted to the writing programs. Members shall be reimbursed for actual expenses for attendance at committee meetings and for other actual expenses incurred in carrying out their official duties.
  3. The functions of the committee shall be as follows:
    1. Analyze the program of studies of grades seven (7) through ten (10) and make recommendations to the Kentucky Board of Education on the options for including an intensive writing program;
    2. Make recommendations to the Kentucky Board of Education on methods of integrating writing into the curriculum in grades seven (7) through ten (10);
    3. Make recommendations to the Kentucky Board of Education relative to the development of teacher training programs and workshops designed to facilitate the effective teaching of writing;
    4. Develop and recommend to the Kentucky Board of Education criteria for local district participation in the pilot program;
    5. Develop a monitoring and ongoing evaluation system; and
    6. Recommend to the Kentucky Board of Education a grant allotment system to award funds to eligible districts.

History. Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 14, effective October 18, 1985; 1990, ch. 476, Pt. IV, § 213, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

158.775. Writing program pilot project.

  1. The Kentucky Board of Education shall select school districts to participate in pilot programs based upon the criteria recommended by the advisory committee on writing.
  2. The Kentucky Board of Education shall authorize grants of funds to school districts selected for participation in the program based on the grant allotment system recommended by the advisory committee on writing.
  3. Teacher aides may be employed in selected districts to assist in the implementation of this program. Such aides shall meet the same qualifications required of kindergarten aides in KRS 161.044 .

History. Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 15, effective October 18, 1985; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 407, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 15, effective October 18, 1985) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 407, effective July 13, 1990.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

158.780. Management improvement programs.

  1. The Kentucky Board of Education shall establish a program for voluntary management improvement, for involuntary supervision, and for assuming full control of a local school district.
    1. The voluntary improvement program shall assist local districts with the development of innovative management practices and help them adopt currently accepted practices.
    2. If the Kentucky Board of Education believes that a critical lack of efficiency or effectiveness in the governance or administration of a local school district exists, it shall conduct an administrative hearing in compliance with KRS Chapter 13B. If it is determined that there is a critical lack of efficiency or effectiveness in the governance or administration, the state board shall assume sufficient supervision of the district to ensure that appropriate corrective action occurs. Neither the state board, the chief state school officer, nor his designee shall assume the supervision of the district until an administrative hearing has been conducted under KRS Chapter 13B.
    3. If the Kentucky Board of Education believes that the pattern of a lack of efficiency or effectiveness in the governance or administration of a school district warrants action, it shall conduct an administrative hearing in compliance with KRS Chapter 13B. If it is determined that the pattern does warrant action, it shall declare the district a “state assisted district” or a “state managed district” and the state board shall then assume control of the district as set forth in this section and KRS 158.785 .
  2. The Kentucky Board of Education shall adopt necessary administrative regulations to carry out the provisions of this section and KRS 158.785 , including an administrative regulation to more specifically establish and implement the standards for designation as a “state assisted district” and a “state managed district.”
  3. The Kentucky Board of Education may delegate to the chief state school officer the authority it deems necessary to carry out the provisions of this section and KRS 158.785 . However, neither the state board, the chief state school officer, nor his designee shall assume the supervision of the district until an administrative hearing has been conducted under the provisions of KRS Chapter 13B.

History. Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 16, effective October 18, 1985; 1990, ch. 476, Pt. IV, § 214, effective July 13, 1990; 1992, ch. 184, § 1, effective July 14, 1992; 1996, ch. 32, § 1, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996.

158.782. Monitoring and review of turnaround plan — Skilled assistance.

  1. To align with the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, the Kentucky Department of Education shall promulgate administrative regulations establishing the monitoring and periodic review of the implementation of a local school district’s turnaround plan for a school identified for comprehensive support and improvement described in KRS 160.346 . The monitoring and review process shall be limited to performing an annual review of the school’s state assessment data and measures of school quality, periodic site visits, observation, and interviews of representative stakeholders and students.
  2. Schools and districts receiving highly skilled assistance from the Kentucky Department of Education prior to April 10, 2017, shall continue to receive assistance in accordance with the established assistance plan.

History. Enact. Acts 1990, ch. 476, Pt. I, § 6, effective July 13, 1990; 1994, ch. 408, § 4, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 598, § 14, effective April 14, 1998; 2004, ch. 188, § 3, effective July 13, 2004; 2017 ch. 156, § 8, effective April 10, 2017.

Compiler's Notes.

The section is set out to correct an error in the publication process.

Opinions of Attorney General.

Both KRS 161.770 and subdivision (2)(e) (now subdivision (2)) of this section provide for the granting of a leave for a period of not more than two consecutive school years; however, both statutes authorize renewal of a leave of absence, upon approval. OAG 91-134 .

The distinguished educator has authority to override decisions of the school staff. The distinguished educator also has authority to override decisions of the local superintendent when recommending dismissal of certified personnel. OAG 92-135 .

Research References and Practice Aids

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

158.785. Collection and review of management data — Management audit — Conditions for designation as state assisted or state managed district — Actions required.

  1. The Kentucky Board of Education shall establish a program to improve specific aspects of the management of local school districts as described in KRS 158.780 .
  2. The State Department of Education shall, pursuant to administrative regulations promulgated by the Kentucky Board of Education, collect and review data relative to the instructional and operational performance of local school districts. When a review of the data or of any other information, including site investigations of local management practices, indicates the presence of critically ineffective or inefficient management, the chief state school officer shall order a management audit of the governance and administration of the district. A local school board or superintendent may also request a management audit of the district.
  3. If a management audit, conducted for any of the reasons set forth in subsection (2) of this section, indicates that there is a pattern of a significant lack of efficiency and effectiveness in the governance or administration of a school district, the chief state school officer shall recommend the district to the Kentucky Board of Education either as a “state assisted district” or a “state managed district.”
  4. The Kentucky Board of Education shall promulgate an administrative regulation establishing a procedure for considering the recommendation of the chief state school officer to declare a district a “state assisted district” or a “state managed district.” This procedure shall fully comply with the procedures for administrative hearings established in KRS Chapter 13B.
  5. When the chief state school officer presents a recommendation to the state board for designation as a “state assisted district” or a “state managed district,” he shall establish the following:
    1. Existence of a pattern of a significant lack of efficiency and effectiveness in the governance or administration of the school district;
    2. The pattern of a significant lack of efficiency and effectiveness in the governance or administration of the school district continues to exist; and
    3. State assistance or state management is necessary to correct the inefficiencies and ineffectiveness.
  6. When a district is designated a “state assisted district” under subsection (4) of this section, the following actions shall be required of the chief state school officer:
    1. Management assistance shall be provided to the district to develop and implement a plan to correct deficiencies found in the management audit.
    2. The Department of Education shall monitor the development and implementation of the correctional plan to improve the governance or administration of the school district. If the chief state school officer determines that the plan is being inadequately developed or implemented, he shall make a recommendation to the Kentucky Board of Education to declare the district a “state managed district.”
  7. If the state board designates a district a “state managed district” under subsection (4) of this section, the following actions shall be required of the chief state school officer:
    1. All administrative, operational, financial, personnel, and instructional aspects of the management of the school district formerly exercised by the local school board and the superintendent shall be exercised by the chief state school officer or his designee.
    2. Any local school board member or the local superintendent may be removed from office by the Kentucky Board of Education pursuant to KRS 156.132 .
    3. Notwithstanding any statute to the contrary, after thirty (30) days after a district becomes a “state managed district” any appointment to an administrative position may be revoked by the chief state school officer and the individual employee may be reassigned to any duty for which that person is qualified. The chief state school officer shall provide to the reassigned employee written reasons for the reassignment. The individual shall not be dismissed from subsequent employment except as provided by KRS 156.132 and 161.790 .
    4. The chief state school officer shall make the administrative appointments as necessary to exercise full and complete control of all aspects of the management of the district. The chief state school officer, through the appointments, may make any and all decisions previously made by the local school board and the local superintendent. The chief state school officer shall retain clear supervisory and monitoring powers over the operation and management of the district.
  8. A school district shall be designated as a “state managed district” until the Kentucky Board of Education determines that the pattern of ineffective and inefficient governance or administration and the specific deficiencies determined by the management audit have been corrected. Each year following the school year in which the designation of a “state managed district” was made, the chief state school officer shall report the status of the corrective action being taken to the Kentucky Board of Education. No local school district shall remain in the status of a “state managed district” longer than three (3) consecutive school years unless the Kentucky Board of Education extends the time after a complete review of a new management audit. Any judicial review of actions taken by the chief state school officer or the board under KRS 158.780 or this section shall be in accordance with the provisions for conducting judicial review of administrative hearings outlined in KRS Chapter 13B.

History. Enact. Acts 1985 (1st Ex. Sess.), ch. 10, §§ 17 and 18, effective October 18, 1985; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 408, effective July 13, 1990; 1992, ch. 184, § 2, effective July 14, 1992; 1996, ch. 32, § 2, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, §§ 17 and 18, effective October 18, 1985) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 408, effective July 13, 1990.

158.790. Governor’s commission on literacy. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 23, effective October 18, 1985; 1988, ch. 179, § 2, effective July 15, 1988) was repealed, reenacted, and amended as KRS 151B.135 by Acts 1990, ch. 470, § 26, effective July 1, 1990. It was also amended by Acts 1990, ch. 476, Pt. IV, § 215; however, the repeal, reenactment, and amendment by ch. 470 prevails. The section was subsequently repealed by Acts 1994, ch. 469, § 40, effective July 15, 1994.

158.791. Legislative findings and intent regarding reading.

  1. The General Assembly hereby finds that reading proficiency is a gateway skill necessary for all of Kentucky students to achieve the academic goals established in KRS 158.6451 . It is Kentucky’s goal that all children learn to read well before exiting the primary program and that all middle and high school students have the skills necessary to read complex materials in specific core subjects and comprehend and constructively apply the information.
  2. It is the intent of the General Assembly that:
    1. Every elementary school:
      1. Provide a comprehensive schoolwide reading program;
      2. Provide diagnostic reading assessments and intervention services for those students who need them to learn to read at the proficient level;
      3. Ensure quality instruction by highly trained teachers; and
      4. Provide high quality library media programs;
    2. Every middle and high school:
      1. Provide direct, explicit instruction to students lacking skills in how to read, learn, and analyze information in key subjects, including language, reading, English, mathematics, science, social studies, arts and humanities, practical living skills, and career studies; and
      2. Ensure that teachers have the skills to help all students develop critical strategies and skills for subject-based reading;
    3. The Kentucky Department of Education provide technical assistance to local school districts in the identification of professional development activities, including teaching strategies to help teachers in each subject area to:
      1. Identify and teach the skills that students need to comprehend the concepts and content of each subject area; and
      2. Use activities and materials that will help the students comprehend and constructively apply information based on the unique content of each subject area; and
    4. The Education Professional Standards Board review and revise when deemed necessary the teacher certification and licensure requirements to ensure that all teachers, regardless of the subject area taught, are prepared to improve students’ subject reading skills.

History. Enact. Acts 2005, ch. 127, § 2, effective March 18, 2005; 2010, ch. 42, § 1, effective July 15, 2010.

Legislative Research Commission Note.

(3/18/2005). 2005 Ky. Acts ch. 127, which included an amendment to this section, KRS 158.791 , provides that the Act shall be cited as the “Read to Achieve Act of 2005.”

158.792. Definitions for KRS 158.792 and 164.0207 — Reading diagnostic and intervention fund — Grants for reading intervention programs — Administrative regulations — Annual reports on use of grant funds and costs of intervention programs.

  1. As used in this section and KRS 164.0207 , unless the context requires otherwise:
    1. “Comprehensive reading program” means a program that emphasizes the essential components of reading: phonemic awareness, phonics, fluency, vocabulary, comprehension, and connections between writing and reading acquisition and motivation to read.
    2. “Reading diagnostic assessment” means an assessment that identifies a struggling reader and measures the reader’s skills against established performance levels in the essential components of reading. The purpose is to screen for areas that require intervention in order for the student to learn to read proficiently.
    3. “Reading intervention program” means short-term intensive instruction in the essential skills necessary to read proficiently that is provided to a student by a highly trained teacher. This instruction may be conducted one-on-one or in small groups; shall be research-based, reliable, and replicable; and shall be based on the ongoing assessment of individual student needs.
    4. “Reliable, replicable research” means objective, valid, scientific studies that:
      1. Include rigorously defined samples of subjects that are sufficiently large and representative to support the general conclusions drawn;
      2. Rely on measurements that meet established standards of reliability and validity;
      3. Test competing theories, where multiple theories exist;
      4. Are subjected to peer review before their results are published; and
      5. Discover effective strategies for improving reading skills.
  2. The reading diagnostic and intervention fund is created to help teachers and library media specialists improve the reading skills of struggling readers in the primary program. The Department of Education, upon the recommendation of the Reading Diagnostic and Intervention Grant Steering Committee, shall provide renewable, two (2) year grants to schools to support teachers in the implementation of reliable, replicable research-based reading intervention programs that use a balance of diagnostic tools and instructional strategies that emphasize phonemic awareness, phonics, fluency, vocabulary, comprehension, and connections between writing and reading acquisition and motivation to read to address the diverse learning needs of those students reading at low levels. Any moneys in the fund at the close of the fiscal year shall not lapse but shall be carried forward to be used for the purposes specified in this section.
    1. The Kentucky Board of Education shall promulgate administrative regulations, based on recommendations from the secretary of the Education and Workforce Development Cabinet, the Reading Diagnostic and Intervention Grant Steering Committee established in KRS 158.794 , and the Collaborative Center for Literacy Development established in KRS 164.0207 to: (3) (a) The Kentucky Board of Education shall promulgate administrative regulations, based on recommendations from the secretary of the Education and Workforce Development Cabinet, the Reading Diagnostic and Intervention Grant Steering Committee established in KRS 158.794 , and the Collaborative Center for Literacy Development established in KRS 164.0207 to:
      1. Identify eligible grant applicants, taking into consideration how the grant program described in this section will relate to other grant programs;
      2. Specify the criteria for acceptable diagnostic assessments and intervention programs;
      3. Specify the criteria for acceptable ongoing assessment of each child to determine his or her reading progress;
      4. Establish the minimum evaluation process for an annual review of each grant recipient’s program and progress;
      5. Identify the annual data that must be provided from grant recipients;
      6. Define the application review and approval process;
      7. Establish matching requirements deemed necessary;
      8. Define the professional development and continuing education requirements for teachers, library media specialists, administrators, and staff of grant recipients;
      9. Establish the conditions for renewal of a two (2) year grant; and
      10. Specify other conditions necessary to implement the purposes of this section.
    2. The board shall require that a grant applicant provide assurances that the following principles will be met if the applicant’s request for funding is approved:
      1. A research-based comprehensive schoolwide reading program will be available;
      2. Intervention services will supplement, not replace, regular classroom instruction;
      3. Intervention services will be provided to struggling primary program readers within the school based upon ongoing assessment of their needs; and
      4. A system for informing parents of struggling readers of the available family literacy services within the district will be established.
  3. In order to qualify for funding, the school council, or if none exists, the principal or the superintendent of schools, shall allocate matching funds required by grant recipients under subsection (3) of this section. Funding for professional development allocated to the school council under KRS 160.345 and for continuing education under KRS 158.070 may be used as part of the school’s match.
  4. The Department of Education shall make available to schools:
    1. Information concerning successful, research-based comprehensive reading programs, diagnostic tools for pre- and post-assessment, and intervention programs, from the Collaborative Center for Literacy Development created under KRS 164.0207 ;
    2. Strategies for successfully implementing early reading programs, including professional development support and the identification of funding sources; and
    3. A list of professional development providers offering teacher training related to reading that emphasizes the essential components for successful reading: phonemic awareness, phonics, fluency, vocabulary, comprehension, and connections between writing and reading acquisition and motivation to read.
  5. The Department of Education shall submit a report to the Interim Joint Committee on Education no later than September 1 of each year outlining the use of grant funds. The report shall also include comparisons of the overall costs and effectiveness of intervention programs. The annual report for an odd-numbered year shall include an estimate of the cost to expand the reading diagnostic and intervention grant program.

History. Enact. Acts 1998, ch. 580, § 1, effective July 15, 1998; 2005, ch. 127, § 3, effective March 18, 2005; 2009, ch. 11, § 50, effective June 25, 2009.

Legislative Research Commission Note.

(3/18/2005). 2005 Ky. Acts ch. 127, which included an amendment to this section, KRS 158.792 , provides that the Act shall be cited as the “Read to Achieve Act of 2005.”

158.794. Reading Diagnostic and Intervention Grant Steering Committee — Membership — Duties.

  1. The Reading Diagnostic and Intervention Grant Steering Committee is hereby created for the purpose of advising the Kentucky Board of Education and the Department of Education concerning the implementation and administration of the reading diagnostic and intervention fund created in KRS 158.792 . The committee shall be composed of sixteen (16) members including the commissioner of education or the commissioner’s designee, the executive director of the Collaborative Center for Literacy Development, the president of the Council on Postsecondary Education or the president’s designee, and the following members, to be appointed by the Governor:
    1. Four (4) primary program teachers with a specialty or background in reading and literacy;
    2. Four (4) university or college professors with a specialty or background in reading and literacy representing universities;
    3. One (1) elementary school principal;
    4. One (1) certified library media specialist; and
    5. Three (3) individuals from the state at large with an interest in reading and literacy.
  2. Each member of the committee, other than members who serve by virtue of their position, shall serve for a term of three (3) years or until a successor is appointed, except that upon initial appointment, five (5) members shall serve a one (1) year term, four (4) members shall serve a two (2) year term, and four (4) members shall serve a three (3) year term.
  3. A majority of the full authorized membership shall constitute a quorum.
  4. The committee shall elect, by majority vote, a chair, who shall be the presiding officer of the committee, preside at all meetings, and coordinate the functions and activities of the committee. The chair shall be elected or reelected each calendar year.
  5. The committee shall be attached to the Department of Education for administrative purposes.
  6. The committee shall:
    1. Identify needs, trends, and issues in schools throughout the state regarding reading and literacy programs;
    2. Make recommendations regarding the content of administrative regulations to be promulgated by the Kentucky Board of Education under KRS 158.792 ;
    3. Recommend approval of grant applications based upon the provisions of KRS 158.792 and administrative regulations promulgated by the Kentucky Board of Education as required under KRS 158.792; and
    4. Advise the Kentucky Board of Education and the Department of Education regarding costs and effectiveness of various reading intervention programs.

History. Enact. Acts 1998, ch. 580, § 2, effective July 15, 1998; 2000, ch. 204, § 2, effective July 14, 2000; 2005, ch. 127, § 4, effective March 18, 2005.

Legislative Research Commission Note.

(3/18/2005). 2005 Ky. Acts ch. 127, which included an amendment to this section, KRS 158.794 , provides that the Act shall be cited as the “Read to Achieve Act of 2005.”

158.795. Statewide adult literacy program. [Renumbered as KRS 151B.140, effective July 1, 1990.]

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 24, effective October 18, 1985; 1988, ch. 179, § 3, effective July 15, 1988) was repealed, reenacted, and amended as KRS 151B.140 by Acts 1990, ch. 470, § 26, effective July 1, 1990. It was also amended by Acts 1990, ch. 476, Pt. IV, § 215; however, the repeal, reenactment, and amendment by ch. 470 prevails. The section was subsequently repealed by Acts 2000, ch. 526, § 30, effective July 14, 2000.

158.796. Governor’s Scholars Program — Purpose — Governor’s Scholars Program, Inc. — Board of directors — Funding — Reports.

  1. The Governor’s Scholars Program is established to implement an enrichment program for academically gifted students to enhance the next generation of civic and economic leaders and create models of educational excellence. Governor’s Scholars Program, Inc. is authorized to operate the Governor’s Scholars Program. The Governor’s Scholars Program shall be attached to the Office of the Secretary in the Education and Workforce Development Cabinet for administrative purposes.
    1. The Governor or the Governor’s designee from the executive cabinet, the commissioner of education, and the president of the Council on Postsecondary Education shall serve as ex officio voting members of the board of directors of Governor’s Scholars Program, Inc. In addition, the Governor shall appoint five (5) members of the board as provided in paragraph (b) of this subsection. Other board members of Governor’s Scholars Program, Inc. shall be selected in the manner set forth in the articles of incorporation and bylaws of the corporation. (2) (a) The Governor or the Governor’s designee from the executive cabinet, the commissioner of education, and the president of the Council on Postsecondary Education shall serve as ex officio voting members of the board of directors of Governor’s Scholars Program, Inc. In addition, the Governor shall appoint five (5) members of the board as provided in paragraph (b) of this subsection. Other board members of Governor’s Scholars Program, Inc. shall be selected in the manner set forth in the articles of incorporation and bylaws of the corporation.
    2. After June 20, 2005, the Governor shall appoint board members as follows:
      1. In 2005, the Governor shall appoint two (2) board members to serve three (3) year terms;
      2. In 2006, the Governor shall appoint two (2) members to serve three (3) year terms; and
      3. In 2007, the Governor shall appoint one (1) member to serve a three (3) year term.
    3. The board of directors shall have the authority to hire, fire, and manage all program personnel, including the executive director.
  2. The annual appropriation for the Governor’s Scholars Program from the general fund shall be transmitted to Governor’s Scholars Program, Inc. on July 1 of each year to facilitate the operation of the summer program. Funds shall be used only for the purposes of the Governor’s Scholars Program and shall not lapse at the end of the fiscal year.
    1. Governor’s Scholars Program, Inc. shall follow standard accounting practices and shall submit the following financial reports to the Office of the Governor, the Finance and Administration Cabinet, and the Legislative Research Commission: (4) (a) Governor’s Scholars Program, Inc. shall follow standard accounting practices and shall submit the following financial reports to the Office of the Governor, the Finance and Administration Cabinet, and the Legislative Research Commission:
      1. Quarterly reports of expenditures of state funds, submitted on or before the thirtieth day after the end of each quarter in the corporation’s fiscal year;
      2. Annual reports of receipts and expenditures for the Governor’s Scholars Program, submitted on or before the sixtieth day after the end of the fiscal year of the corporation; and
      3. The report of an annual financial audit conducted by an independent auditor, submitted on or before September 1 of each year.
    2. On or before March 1 of each year, Governor’s Scholars Program, Inc. shall file with the Office of the Governor, the Finance and Administration Cabinet, and the Legislative Research Commission a report detailing the operations of the Governor’s Scholars Program for the preceding year. The report shall include information concerning the summer program, student and faculty demographics, and program outcomes according to such measures of success as the board may adopt.

Members appointed by the Governor may be reappointed by the Governor to serve successive terms. In making gubernatorial appointments, the Governor shall consider recommendations and information provided by the nominating committee of the board and shall attempt to promote geographic balance on the board. One (1) of the gubernatorial appointees shall be designated by the board to serve on the committee that functions as the executive committee of Governor’s Scholars Program, Inc. The Governor shall make appointments to fill gubernatorial vacancies as they occur. Each appointment after the initial appointment shall be for a three (3) year term unless the appointment is to fill the unexpired portion of a term.

History. Enact. Acts 1994, ch. 209, § 6, effective July 15, 1994; 2005, ch. 35, § 1, effective June 20, 2005; 2012, ch. 71, § 3, effective July 12, 2012.

158.797. Parenting and family life skills education. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 147, § 1, effective July 15, 1988) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.798. Program to encourage studies in mathematics, science, and related technologies — Role of Kentucky Science and Technology Council, Inc.

  1. It is the intention of the General Assembly to generate a substantial increase in the number of mathematicians, scientists, and engineers in the Kentucky workforce in order to foster economic growth in the business sector and to provide high quality jobs for Kentuckians. A program shall be established to encourage studies in math, science, and related technologies, beginning with middle school and continuing through advanced college level work, leading to sustained job placements in Kentucky’s technological and innovative businesses and industries. Principal activities for developing, coordinating, and implementing this program shall be conducted by the Kentucky Science and Technology Council, Inc., a private, nonprofit corporation comprised of leaders from education, government, and the private sector.
  2. The Kentucky Science and Technology Council, Inc., may solicit, accept, receive, invest, and expend funds from any public or private source for the purpose of implementing the provisions in this section.
  3. The Kentucky Science and Technology Council, Inc., shall coordinate, promote, and support activities designed to:
    1. Recognize Kentucky middle school students with a high interest, aptitude, or achievement in math, science, and technology related courses, events, and activities; and
    2. Develop additional learning experiences outside the traditional classroom courses, to enhance interest in math and science for middle and high school students, including summer and weekend institutes, skills, application in real world situations, business and industry internships and mentorships, and career awareness exploration.
    3. Solicit program support, cooperation, and funds from private businesses, industries, and government entities with an interest and need for technological innovation;
    4. Develop a college-level academic scholarship program for students in math, science, engineering, and other technology related disciplines, soliciting contributions from private businesses and industries;
    5. Develop internship and post-degree placement commitment plans for industries and those students participating in internships or receiving scholarships; and
    6. Submit an annual report to the Governor and the Legislative Research Commission concerning:
      1. Activities related to achieving the program’s objectives for the preceding year;
      2. Factual information about Kentucky students’ progress in math, science, and related technologies and business and industries’ changing technological needs; and
      3. Recommendations to improve the program in achieving its purposes.

History. Enact. Acts 1992, ch. 408, § 1, effective July 14, 1992.

158.799. Name for program created by KRS 158.798.

The Kentucky Science and Technology Council, Inc., shall, in cooperation with the Department for Education and the Council on Postsecondary Education, develop and conduct a competition among Kentucky middle and high school students for the purpose of choosing a Kentuckian of national or international acclaim as a scientist, mathematician, or engineer for whom the programs developed under KRS 158.798 shall be named.

History. Enact. Acts 1992, ch. 408, § 5, effective July 14, 1992; 1997 (1st Ex. Sess.), ch. 1, § 63, effective May 30, 1997.

158.7991. Legislative findings and declarations.

    1. The General Assembly finds and declares that the integration of the arts and foreign languages into the school curriculum benefits students by increasing their motivation to learn; improves attendance; fosters multicultural understanding; and develops neurological cognitive potential through higher-order thinking skills, creativity, and problem solving. Further, the General Assembly finds and declares that arts and foreign language education can renew and invigorate faculty and can foster greater parent and community participation and support. (1) (a) The General Assembly finds and declares that the integration of the arts and foreign languages into the school curriculum benefits students by increasing their motivation to learn; improves attendance; fosters multicultural understanding; and develops neurological cognitive potential through higher-order thinking skills, creativity, and problem solving. Further, the General Assembly finds and declares that arts and foreign language education can renew and invigorate faculty and can foster greater parent and community participation and support.
    2. The General Assembly notes that it created a system of public education that allows and assists all students to acquire certain capacities provided under KRS 158.645 , including communication skills necessary to function in a complex and changing civilization and sufficient grounding in the arts to enable each student to appreciate his or her cultural and historical heritage.
    3. The General Assembly further notes that its goals for public schools under KRS 158.645 1 include: to develop students’ abilities to use basic communication and mathematics skills for purposes and situations they will encounter throughout their lives; to apply core concepts and principles from mathematics, the sciences, the arts, the humanities, and social studies; and to connect and integrate experiences and new knowledge from all subject matter fields with what they have previously learned and build on past learning experiences to acquire new information through various sources.
  1. It is the intent of the General Assembly in enacting KRS 158.7992 to address the findings and declarations set out in subsection (1) of this section.

History. Enact. Acts 2003, ch. 35, § 1, effective June 24, 2003.

158.7992. Program to promote instruction in the arts and foreign languages.

  1. The Department of Education shall establish a program that promotes the integration of the arts and foreign languages in the elementary school program. A school shall submit an application through the district superintendent, with the agreement of the school council or of the principal, if a council does not exist. The department shall award a grant to at least one (1) school per region based on the quality of the application in meeting the criteria established in subsection (2) of this section. Special consideration shall be given, but not limited to, a school that does not have an existing comprehensive arts and foreign language program.
  2. School programs under subsection (1) of this section shall include, but not be limited to, the following components:
    1. Instruction in each of the four (4) disciplines of dance, drama, music, and the visual arts that includes the core content skills and knowledge taught in a sequential manner and includes all students in the elementary school;
    2. Intense instruction in at least one (1) foreign language that includes skills and knowledge related to communicative language and culture and includes all students in the elementary school;
    3. Integration of arts and foreign language instruction across the curriculum;
    4. Coordination of the programs by teachers with appropriate arts and foreign language certification;
    5. Professional development for teachers and administrators designed to facilitate the effective teaching of arts and foreign languages;
    6. An effective monitoring and evaluation system that includes student performance assessment;
    7. Partnerships with parents, local cultural agencies, individual artists, and native speakers of the foreign language who work in collaboration with classroom teachers;
    8. Support from the local school board, the school council, and teachers; and
    9. Student attendance at one (1) or more live performance or visual art exhibition each school year.
  3. The Department of Education shall report annually by July 1 of each year on the implementation of the program to the Governor and the Legislative Research Commission.

History. Enact. Acts 2003, ch. 35, § 2, effective June 24, 2003.

158.800. Educational excellence improvement fund — Intent — Allotment of funds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 37, effective October 18, 1985) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

158.801. Definitions for KRS 158.801 and 158.803.

As used in this section and KRS 158.803 , unless the context otherwise requires:

  1. “Program” means the Kentucky Early Mathematics Testing Program; and
  2. “Participating colleges or universities” means all public postsecondary education institutions in Kentucky and any private college or university in Kentucky that chooses to participate in the Kentucky Early Mathematics Testing Program.

History. Enact. Acts 2000, ch. 258, § 1, effective July 14, 2000.

158.803. Early mathematics testing program — Purposes — Development and requirements of program — Annual reports.

  1. The Kentucky Early Mathematics Testing Program is created to lower the number of high school graduates in Kentucky who require remediation in mathematics upon enrollment in postsecondary education institutions, by providing information to primarily high school sophomores and juniors statewide regarding their level of mathematics knowledge in relation to standards required for community and technical colleges and university level mathematics courses early enough for students to address deficiencies while still in high school.
  2. The testing program shall be a computer website-based program that incorporates a variety of diagnostic mathematics tests to identify knowledge and skills needed for postsecondary education courses.
  3. The testing program shall be developed and conducted by a public university. The Council on Postsecondary Education, with the advice of the Department of Education, shall develop a process to solicit, review, and select a proposal for the development and implementation of the computer website-based testing program. The council shall approve the location of the program at a public university no later than September 1, 2000. The university shall be the fiscal agent for the testing program and shall receive the funds appropriated by the General Assembly.
  4. The program shall be available to all interested Kentucky public and private high school students in grades ten (10) and eleven (11). Student participation in the program shall be voluntary, and program test scores shall not be:
    1. Placed on a student’s high school transcript; or
    2. Used by postsecondary education institutions in the admissions process.
  5. The computer website testing program shall be available to all Kentuckians for evaluation of an individual’s mathematics knowledge and skills.
  6. The program shall encourage the active participation of all public and private high schools in Kentucky.
  7. The computer website testing program shall:
    1. Develop or adopt appropriate tests to determine the level of mathematics knowledge of high school students in relation to the standards of placement tests given at the community and technical colleges and undergraduate public universities. In the development or adoption of the tests, consideration shall be given to the program of studies and the minimum requirements for high school graduation established in KRS 156.160 and the alignment of these standards with postsecondary course standards;
    2. Develop a structure to permit each participating student the opportunity to take the computer-based test at school in the presence of school personnel or at the student’s home in the presence of his or her parents or guardian;
    3. Score the completed tests and provide the test scores and diagnostic information on a student’s knowledge and skills electronically to the student and the high school upon completion of the test in the form of electronic mail or printable files or screens.
    4. Provide the following information for up to three (3) participating postsecondary education institutions specified by the student as a possible college choice:
      1. The student’s test score;
      2. A list of mathematics courses required for the student’s intended major at a postsecondary education institution;
      3. A list of any remedial courses the student might be required to take based on the student’s current level of mathematics knowledge as demonstrated on the test;
      4. The estimated cost of the remedial courses the student might be required to take; and
      5. The high school courses and the specific mathematical concepts or functions a student should consider studying in order to address any deficiencies;
    5. Encourage the chair of the mathematics department or the academic dean at each of the participating postsecondary education institutions specified by the student as a possible college choice to send a personalized letter to the student that:
      1. Encourages the student to take additional high school mathematics courses to address deficiencies in mathematics knowledge; or
      2. Congratulates the student who does well on the test for his or her achievement and encourages continued study in mathematics; and
    6. Develop and implement a strategy to raise awareness and encourage participation in the program, targeting high school students, parents, high school faculty and administrators, mathematics departments or faculty at postsecondary education institutions, and the general public.
  8. The Kentucky Department of Education shall provide assistance as necessary to the Kentucky Early Mathematics Testing Program to implement the provisions of this section and KRS 158.801 .
  9. The public university that conducts the testing program shall submit an annual report to the Kentucky Board of Education and the Council on Postsecondary Education regarding its activities, and the effects of the program on levels of remediation required by participating students.

History. Enact. Acts 2000, ch. 258, § 2, effective July 14, 2000.

158.805. Commonwealth school improvement fund — Purposes — Criteria for grants to schools needing assistance.

  1. There is hereby created the Commonwealth school improvement fund to assist local schools in pursuing new and innovative strategies to meet the educational needs of the school’s students and raise a school’s performance level. The Kentucky Board of Education shall utilize the Commonwealth school improvement fund to provide grants to schools for the following purposes:
    1. To support teachers and administrators in the development of sound and innovative approaches to improve instruction or management, including better use of formative and summative, performance-based assessments;
    2. To assist in replicating successful programs developed in other districts including those calculated to reduce achievement gaps as defined in KRS 158.649 ;
    3. To encourage cooperative instructional or management approaches to specific school educational problems; and
    4. To encourage teachers and administrators to conduct experimental programs to test concepts and applications being advanced as solutions to specific educational problems.
  2. The Kentucky Board of Education shall develop criteria for awards of grants from the Commonwealth school improvement fund to schools identified by the board as needing assistance under KRS 158.6455 .
  3. The Kentucky Board of Education shall have the sole authority to approve grants from the fund.
  4. The Kentucky Board of Education may establish priorities for the use of the funds and, through the Department of Education, shall provide assistance to schools in preparing their grant proposals. The board shall require that no funds awarded under the Commonwealth school improvement fund are used to supplant funds from any other source. Requests may include funding for personnel costs, except funding for personnel costs shall not continue after school improvement funds are no longer provided. Requests for necessary equipment may be approved at the discretion of the state board, however the cost of equipment purchased by any grantee shall not exceed twenty percent (20%) of the total amount of money awarded for each proposal and shall be matched by local funds on a dollar for dollar basis.
  5. The Kentucky Board of Education shall establish maximums for specific grant awards. All fund recipients shall provide the board with an accounting of all money received from the fund and shall report the results and conclusions of any funded projects to the Kentucky Board of Education. All fund recipients shall provide the board with adequate documentation of all projects to enable replication of successful projects in other areas of the state.

History. Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 10, effective October 18, 1985; 1990, ch. 476, Pt. I, § 7, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 598, § 13, effective April 14, 1998; 2002, ch. 302, § 3, effective July 15, 2002; 2009, ch. 101, § 11, effective March 25, 2009; 2017 ch. 156, § 9, effective April 10, 2017.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (7) at 1060.

Kentucky Bench & Bar.

Keating, You Get What You Pay For: Financing Public Schools in Kentucky, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 6.

158.807. Data research initiative — Purposes — Implementation.

  1. There is hereby created the Kentucky data research initiative, a partnership between elementary and secondary schools and postsecondary education research institutions to maximize research capabilities through computer resources. The initiative shall be jointly facilitated by the Kentucky Department of Education and the Council on Postsecondary Education.
  2. The purposes of the data research initiative are to expand the availability of computing resources not available at the research institutions at a relatively low cost, to do education outreach to students and teachers in Kentucky’s K-12 system, to expand the research institutions’ presence throughout the state, and to maximize the use of computer assets that have already been purchased in K-12 systems but are often underused.
  3. By December 1, 2005, the commissioner of the Department of Education and the president of the Council on Postsecondary Education shall convene appropriate postsecondary education and elementary and secondary educators and administrators to determine how this initiative might be developed, funded, and utilized to enhance research capabilities in the sciences and health-related fields or other appropriate fields of research.

History. Enact. Acts 2005, ch. 173, Pt. XX, § 1, effective March 20, 2005.

158.808. Energy technology career track program.

  1. Subject to the availability of funds, the Department of Education shall establish an energy technology career track program. The purpose of the program is to provide grants to school districts to develop and implement an energy technology engineering career track across middle and high schools within the district. Program components may include but not be limited to career exploration and counseling, strategies to increase the rigor of instruction in pertinent core content areas, strategies to link core content to an energy technology career focus, professional development for teachers, and cooperative learning opportunities with industry and postsecondary institutions.
  2. The Kentucky Board of Education shall promulgate administrative regulations for the administration of the energy technology career track program. The Department of Education shall administer the program, approve grant recipients, and distribute the funds to local school districts.

History. Enact. Acts 2007 (2nd Ex. Sess.), ch. 1, § 54, effective August 30, 2007; 2008, ch. 139, § 17, effective July 15, 2008; repealed and reenact., Acts 2010, ch. 5, § 17, effective February 25, 2010; 2013, ch. 59, § 41, effective June 25, 2013.

Legislative Research Commission Note.

(2/25/2010). 2010 Ky. Acts ch. 5, sec. 28, provides that the repeal and reenactment of this section in that Act “shall apply retroactively to July 15, 2008.”

Secondary Career and Technical Education

158.810. Definitions for KRS 158.810 to 158.816.

For purposes of KRS 158.810 to 158.816 :

  1. “Advanced manufacturing” means manufacturing that uses technology and knowledge-based processes that leverage human, intellectual, and financial capital to create globally competitive products;
  2. “At-risk” means a student who is academically unprepared, has inadequate academic preparation for the next educational level, or who is in danger of dropping out of school;
  3. “Career academy” means a small learning community within a larger high school that:
    1. Consists of a heterogeneous group of students taking classes together for at least two (2) years who are taught by a team of teachers from different disciplines;
    2. Provides a college-preparatory academic curriculum based on a career theme that helps students see relationships and connections between academic subjects and their applications in specific career pathways and in broad career areas such as health science, business, pre-engineering, agribusiness, and advanced manufacturing; and
    3. Provides opportunities through partnerships with employers, colleges, and the community for students to engage in internships and work-based learning with adult mentors to motivate students to achieve;
  4. “Career and technical education” means a program of study that leads to the development of academic and specialized occupational skills in career fields;
  5. “Career guidance coach” means a counselor who is assigned one hundred percent (100%) of his or her time to:
    1. The development of students’, teachers’, and parents’ understanding of broad career themes and opportunities through career pathways;
    2. Academic advising and career counseling;
    3. Assisting students in the development of individual learning plans; and
    4. Providing assistance to other teachers;
  6. “Career pathway” means a coherent, articulated sequence of rigorous academic and career-related courses, commencing in ninth grade and leading to an associate degree, an industry-recognized certificate or license, or a baccalaureate or higher degree. A career pathway is developed, implemented, and maintained in partnership among secondary and postsecondary education institutions, businesses, and employers. Career pathways are available to all students, including adult learners, and are designed to lead to rewarding careers;
  7. “Career pathway program of study” means a coherent, articulated sequence of rigorous academic and career and technical education courses, including dual credit opportunities, that prepares secondary students for postsecondary study leading to postsecondary degrees, industry certifications, or licensure;
  8. “Evidence-based instructional model” or “evidence-based model” means the application of valid and relevant knowledge to education activities and programs, which are based on the findings from systematic and empirical methods including observations, experiments, and rigorous data analyses;
  9. “Industry certification” means certification that is awarded to a student who has passed a standardized, valid, industry-based examination that measures the knowledge and skills recognized nationally by employers or by an industry group or association within Kentucky as representing the level of proficiency that is needed to enter a specific field;
  10. “Technical literacy” means a student’s ability to read and comprehend the language of a field of study, understand the major technical concepts of that field, and apply the appropriate mathematics concepts to typical problems encountered in the workplace;
  11. “Secondary area technology center” or “secondary area center” means a school facility dedicated to the primary purpose of offering five (5) or more technical preparation programs that lead to skill development focused on specific occupational areas. An area center may be called a “magnet technology center” or “career center” or may be assigned another working title by the parent agency. An area center may be either state or locally operated; and
  12. “Career and technical education department” means a portion of a school facility that has five (5) or more technical preparation programs that lead to skill development focused on specific occupational areas.

History. Enact. Acts 2001, ch. 123, § 1, effective June 21, 2001; 2012, ch. 150, § 2, effective April 19, 2012.

Legislative Research Commission Note.

(4/19/2012). 2012 Ky. Acts ch. 150, sec. 10, provides that the Act, which included an amendment to this statute, shall be known as the “Career Pathways Act of 2012.”

158.812. Legislative intent, findings, and declarations.

  1. It is the intent of the General Assembly to provide rigorous academic and career and technical education programs that are relevant for all students and that encourage at-risk students to graduate from high school prepared to enter postsecondary education institutions or the workforce with needed skills.
  2. The purposes of elementary and secondary education programs of career and technical education are to:
    1. Provide students opportunities to understand the relevance of and master academic skills in mathematics, science, English, reading, and communications as well as technical literacy in broad-based career fields;
    2. Provide students a variety of opportunities to master the usage of technology;
    3. Prepare individuals with specialized, transferable academic skills and technical skills for gainful employment in broad-based career fields; and
    4. Assist individuals in making successful transitions from school to work, to postsecondary education, to the military, or from one (1) career to another.
  3. The General Assembly acknowledges that:
    1. Rigorous, relevant, and high-quality career and technical education offers students an opportunity to develop skills in mathematics, science, English, reading, communication, problem-solving, and technology, and in career and technical areas that are essential to meet the goals for Kentucky education as described in KRS 158.645 1 and that help students achieve the capacities required of all students as defined in KRS 158.645 ;
    2. Students need access to career pathway programs that meet high standards, connect technical skills with core academic requirements for high school students, and align with postsecondary education requirements and business and industry needs;
    3. Students can accelerate their overall scholastic achievement when given an opportunity to learn in an integrated school- and work-based environment;
    4. Students are less likely to drop out of school when they are making academic progress and see relevance in the program of study to their future potential for success; and
    5. The General Assembly has a responsibility to provide the resources that recognize the increased costs for offering high-quality, relevant career and technical education programs.

History. Enact. Acts 2001, ch. 123, § 2, effective June 21, 2001; 2012, ch. 150, § 1, effective April 19, 2012.

Legislative Research Commission Note.

(4/19/2012). 2012 Ky. Acts ch. 150, sec. 10, provides that the Act, which included an amendment to this statute, shall be known as the “Career Pathways Act of 2012.”

158.814. Comprehensive plan on secondary career and technical education programs — Consultation with Career and Technical Education Advisory Committee.

  1. In order to ensure that high-quality, relevant secondary career and technical programs are available to students in all school districts that enable them to gain the academic and technical skills to meet high school graduation requirements and for successful transition to postsecondary education, work, or the military and to support present-day and future needs of Kentucky employers, the Department of Education shall:
    1. Review and revise as needed the equipment and facilities standards for each career and technical education program identified and described in the career and technical education supplement to the Kentucky program of studies and published by the Department of Education; and
    2. Determine the statewide unmet needs for career and technical education capital projects, including renovations and expansions of existing facilities and the construction of new technology centers, through a needs assessment process. This process shall be tied to specific criteria in determining if the current programs or career pathways offered in locally and state-operated facilities are appropriate for the students in the school districts served as well as for determining if new programs are needed. The statewide assessment of capital needs for career and technical education shall be incorporated into the local school district facility plan as required by KRS 157.420 . The Kentucky Board of Education shall incorporate criteria within the administrative regulations relating to school facility plan requirements to prioritize need for career and technical education programming, regardless of whether the programs are locally or state-operated.
  2. The Career and Technical Education Advisory Committee established in KRS 156.806 shall be consulted in carrying out the requirements of this section.

History. Enact. Acts 2001, ch. 123, § 3, effective June 21, 2001; 2006, ch. 211, § 82, effective July 12, 2006; 2012, ch. 150, § 6, effective April 19, 2012; 2013, ch. 59, § 42, effective June 25, 2013.

Legislative Research Commission Note.

(4/19/2012). 2012 Ky. Acts ch. 150, sec. 10, provides that the Act, which included an amendment to this statute, shall be known as the “Career Pathways Act of 2012.”

158.816. Annual statewide analysis and report of academic achievement of technical education students — Assistance plan — Occupation skill standards and assessments.

  1. The Department of Education, with involvement of representatives from the local school districts and teacher preparation institutions, shall complete an annual statewide analysis and report of academic achievement of technical education students who have completed or are enrolled in a sequence of a technical program of at least three (3) high school credits.
    1. The analysis shall include the previous year’s results from the state assessment program described in KRS 158.6453 . The data shall be disaggregated for all high school students by career cluster areas of agriculture, business and marketing, human services, health services, transportation, construction, communication, and manufacturing and by special populations. Where available, disaggregated data from other national assessments shall also be used. (2) (a) The analysis shall include the previous year’s results from the state assessment program described in KRS 158.6453 . The data shall be disaggregated for all high school students by career cluster areas of agriculture, business and marketing, human services, health services, transportation, construction, communication, and manufacturing and by special populations. Where available, disaggregated data from other national assessments shall also be used.
    2. In addition to assessment scores required under paragraph (a) of this subsection, the analysis shall include:
      1. The number of students who took state or national assessments of skill standards and qualified for skills certificates;
      2. The number of senior concentrators as defined in the Carl D. Perkins Vocational and Technical Education Act, Pub. L. No. 105-332, who have attained a high school diploma or equivalent;
      3. The number of students who made successful transitions to work, military, or postsecondary education. A successful transition to postsecondary education means a student enters directly into advanced training, a certificate program, or a degree program without having to take remedial academic courses;
      4. The number of students employed in nontraditional careers; and
      5. Other factors deemed appropriate by the state education agencies or required under federal law.
    1. The Department of Education shall coordinate the development of a statewide technical assistance plan to aid providers of programs in identifying areas for improvement for those schools that do not meet their school performance goal and for those schools where technical students as a group do not score equal to or better than the school average in each of the academic areas. The plan shall address methodologies for further analysis at each school including but not limited to: (3) (a) The Department of Education shall coordinate the development of a statewide technical assistance plan to aid providers of programs in identifying areas for improvement for those schools that do not meet their school performance goal and for those schools where technical students as a group do not score equal to or better than the school average in each of the academic areas. The plan shall address methodologies for further analysis at each school including but not limited to:
      1. The academic course-taking patterns of the technical students;
      2. The rigor and intensity of the technical programs and expectations for student performance in reading, math, science, and writing and other academic skills as well as in technical skill development;
      3. The level of communication and collaboration between teachers in technical programs and academic programs, planning, and opportunity for analyzing student achievement, particularly between faculty in the comprehensive high schools with the faculty in state-operated or locally operated secondary area centers and vocational departments;
      4. The faculties’ understanding of Kentucky’s program of studies, academic expectations, and core content for assessment;
      5. The knowledge and understanding of academic teachers and technical teachers in integrating mutually supportive curricula content;
      6. The level of curricula alignment and articulation in grades eight (8) to sixteen (16);
      7. The availability of extra help for students in meeting higher standards;
      8. The availability and adequacy of school career and guidance counseling;
      9. The availability and adequacy of work-based learning;
      10. The availability and adequacy of distance learning and educational technology;
      11. The adequacy of involvement of business and industry in curricula, work-based learning, and program development; and
      12. The adequacy of teachers’ preparation to prepare them for teaching both academic and technical skills to all students that are necessary for successful transition to postsecondary education, work, or the military.
      1. The department and the office, in cooperation with the Education Professional Standards Board, teacher preparation programs, postsecondary education institutions, and other appropriate partners, shall ensure that academic core content is embedded or integrated within the performance requirements for teacher education students. (b) 1. The department and the office, in cooperation with the Education Professional Standards Board, teacher preparation programs, postsecondary education institutions, and other appropriate partners, shall ensure that academic core content is embedded or integrated within the performance requirements for teacher education students.
      2. Beginning with the 2013-2014 school year and thereafter, the Education Professional Standards Board shall, as a condition of program approval, require career and technical educator preparation programs to include instructional techniques for teacher education students to embed reading, mathematics, and science knowledge and skills into all career and technical education instruction at the secondary level.
    2. The department, in cooperation with the Kentucky Community and Technical College System, shall encourage postsecondary education and business and industry to provide professional development and training opportunities to engage technical faculty in continuous improvement activities to enhance their instructional skills.
    3. The department shall continue efforts with business and industry to develop occupation skill standards and assessments. All efforts shall be made with the involvement of business, industry, and labor. Skill standards and assessments, where available, shall be used as the focus of the curricula.
  2. The department shall consult with the Education Professional Standards Board in carrying out the requirements of this section as they relate to teacher preparation.

History. Enact. Acts 2001, ch. 123, § 4, effective June 21, 2001; 2006, ch. 211, § 83, effective July 12, 2006; 2009, ch. 101, § 9, effective March 25, 2009; 2012, ch. 150, § 7, effective April 19, 2012; 2013, ch. 59, § 43, effective June 25, 2013.

Legislative Research Commission Note.

(4/19/2012). 2012 Ky. Acts ch. 150, sec. 10, provides that the Act, which included an amendment to this statute, shall be known as the “Career Pathways Act of 2012.”

158.818. Evidence-based instructional models to address needs of at-risk students — Focus — Components — Training for high school teachers — Incorporation into existing programs.

  1. If funds are appropriated for the purposes of funding evidence-based instructional models or if internal state or federal funds are available, the Kentucky Department of Education, in collaboration with the Kentucky Community and Technical College System, the Education Professional Standards Board, and other appropriate educational entities, shall recommend evidence-based models for addressing the needs of at-risk students.
  2. The evidence-based models shall include a variety of programs and curricula proven to be effective for at-risk students, and shall focus on:
    1. Identification of students at risk for inadequate academic preparation for the next grade level or at risk for dropping out of school;
    2. Reduction in the number of students retained in grade nine (9) and reduction of high school failure rates;
    3. Improvement of student performance through grade-level standards in reading and mathematics with an emphasis on grade nine (9);
    4. Assistance to students and their parents or legal guardians in identifying students’ career and educational goals, developing individual learning plans, and the appropriate programs of study to achieve these goals; and
    5. Assistance to adult students in obtaining a high school diploma or a recognized postsecondary education credential that has value in the workplace.
  3. The evidence-based models shall include the following components designed to facilitate more students having a successful start in high school and successfully completing grade nine (9) requirements:
    1. The use of flexible scheduling as appropriate to increase students’ time in the study of core language arts and mathematics;
    2. The assignment of the most effective teachers as leaders for instructional teams in grade nine (9) to improve instructional planning, delivery of instruction, and the use of reteaching strategies;
    3. The assignment of mentors to teach students study skills and habits necessary to become independent learners and, when possible, the use of career guidance coaches to advise students; and
    4. Career courses, including career exploration, in grade nine (9) to incorporate project-based instruction that requires the application of grade nine (9) level reading, mathematics, and science skills and that uses a wide variety of technology.
    1. If state or federal funds are available, all career and technical education teachers who teach high school students shall receive training in how to embed reading, mathematics, and science knowledge and skills in specific career and technical education courses. (4) (a) If state or federal funds are available, all career and technical education teachers who teach high school students shall receive training in how to embed reading, mathematics, and science knowledge and skills in specific career and technical education courses.
    2. Training required under paragraph (a) of this subsection may be provided by local school districts or postsecondary education institutions, including community and technical colleges, and outside providers that have a record of working effectively with schools in redesigning the ninth grade.
  4. Career and technical education teachers shall provide evidence through the courses they teach that the students’ academic achievement is increased as defined by administrative regulations promulgated by the Kentucky Board of Education and developed in collaboration with the Kentucky Community and Technical College System.
  5. The evidence-based models shall be incorporated into career and technical education programs, career academies, and career pathway programs of study developed under KRS 157.072 .

History. Enact. Acts 2012, ch. 150, § 4, effective April 19, 2012; 2013, ch. 59, § 44, effective June 25, 2013.

Legislative Research Commission Note.

(4/19/2012). 2012 Ky. Acts ch. 150, sec. 10, provides that the Act, which included the creation of this statute, shall be known as the “Career Pathways Act of 2012.”

Asthma, Diabetes, and Seizure Disorder Medications

158.830. Legislative findings — Construction of KRS 158.830 to 158.836.

The General Assembly of the Commonwealth of Kentucky finds that:

  1. Asthma is the seventh-most prevalent chronic health condition in the United States and is the leading serious chronic illness of children;
  2. Asthma is the third-ranking cause of hospitalization among children under age fifteen (15) and accounts for almost one (1) in six (6) of all pediatric emergency room visits;
  3. Approximately two hundred fifty thousand (250,000) Kentuckians suffer from asthma, including over sixty thousand (60,000) children;
  4. Nationally more than five thousand four hundred (5,400) individuals die from asthma each year;
  5. Asthma is the number-one cause of school absences attributed to chronic conditions;
  6. Asthma is manageable with treatment and medications;
  7. Physicians and other health care practitioners instruct children with asthma in the proper use of asthma medications; and
  8. KRS 158.830 to 158.836 shall be construed to provide unobstructed access to asthma medications for elementary and secondary school students with asthma.

History. Enact. Acts 2002, ch. 50, § 1, effective July 15, 2002.

158.832. Definitions for KRS 158.830 to 158.838.

As used in KRS 158.830 to 158.838 :

  1. “Anaphylaxis” means an allergic reaction resulting from sensitization following prior contact with an antigen which can be a life-threatening emergency. Anaphylaxis may be triggered by, among other agents, foods, drugs, injections, insect stings, and physical activity.
  2. “Medications” means all medicines individually prescribed by a health care practitioner for the student that pertain to his or her asthma or used to treat anaphylaxis, including but not limited to EpiPen or other auto-injectible epinephrine;
  3. “Health care practitioner” means a physician or other health care provider who has prescriptive authority;
  4. “Self-administration” means the student’s use of his or her prescribed asthma or anaphylaxis medications, pursuant to prescription or written direction from the health care practitioner; and
  5. “Seizure action plan” means a written, individualized health plan designed to acknowledge and prepare for the health care needs of a student diagnosed with a seizure disorder that is prepared by the student’s treating physician.

HISTORY: Enact. Acts 2002, ch. 50, § 2, effective July 15, 2002; 2004, ch. 132, § 5, effective April 21, 2004; 2018 ch. 153, § 1, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). 2018 Ky. Acts ch. 153, sec. 5, provides that 2018 Ky. Acts ch. 153 may be cited as the “Lyndsey Crunk Act.” This statute was amended in Section 1 of that Act.

158.834. Self-administration of medications by students with asthma or anaphylaxis — Authorization — Written statement — Acknowledgment of liability limitation — Duration of permission.

  1. The board of each local public school district and the governing body of each private and parochial school or school district shall permit the self-administration of medications by a student with asthma or by a student who is at risk of having anaphylaxis if the student’s parent or guardian:
    1. Provides written authorization for self-administration to the school; and
    2. Provides a written statement from the student’s health care practitioner that the student has asthma or is at risk of having anaphylaxis and has been instructed in self-administration of the student’s prescribed medications to treat asthma or anaphylaxis. The statement shall also contain the following information:
      1. The name and purpose of the medications;
      2. The prescribed dosage;
      3. The time or times the medications are to be regularly administered and under what additional special circumstances the medications are to be administered; and
      4. The length of time for which the medications are prescribed.
  2. The statements required in subsection (1) of this section shall be kept on file in the office of the school nurse or school administrator.
  3. The school district or the governing body of each private and parochial school or school district shall inform the parent or guardian of the student that the school and its employees and agents shall incur no liability as a result of any injury sustained by the student from the self-administration of his or her medications to treat asthma or anaphylaxis. The parent or guardian of the student shall sign a statement acknowledging that the school shall incur no liability and the parent or guardian shall indemnify and hold harmless the school and its employees against any claims relating to the self-administration of medications used to treat asthma or anaphylaxis. Nothing in this subsection shall be construed to relieve liability of the school or its employees for negligence.
  4. The permission for self-administration of medications shall be effective for the school year in which it is granted and shall be renewed each following school year upon fulfilling the requirements of subsections (1) to (3) of this section.

History. Enact. Acts 2002, ch. 50, § 3, effective July 15, 2002; 2004, ch. 132, § 6, effective April 21, 2004.

Research References and Practice Aids

Kentucky Bench & Bar.

Elliott & Fink, Medication Use in Schools: Education Law Meets Pharmacy Law, Volume 75, No. 1, January 2011, Ky. Bench & Bar 5.

158.836. Possession and use of asthma or anaphylaxis medications — Students with documented life-threatening allergies — Schools electing to keep epinephrine on premises — Limitation of liability.

  1. Upon fulfilling the requirements of KRS 158.834 , a student with asthma or a student who is at risk of having anaphylaxis may possess and use medications to treat the asthma or anaphylaxis when at school, at a school-sponsored activity, under the supervision of school personnel, or before and after normal school activities while on school properties including school-sponsored child care or after-school programs.
  2. A student who has a documented life-threatening allergy shall have:
    1. An epinephrine auto-injector provided by his or her parent or guardian in his or her possession or in the possession of the school nurse, school administrator, or his or her designee in all school environments that the student may be in, including the classroom, the cafeteria, the school bus, and on field trips; and
    2. A written individual health care plan in place for the prevention and proactive management for the student in all school environments that the student may be in, including the classroom, the cafeteria, the school bus, and on field trips. The individual health care plan required under this paragraph may be incorporated in the student’s individualized education program required under Pub. L. No. 94-142 or the student’s 504 plan required under Pub. L. No. 93-112.
    1. Each school is encouraged to keep an epinephrine auto-injector in a minimum of two (2) locations in the school, including but not limited to the school office and the school cafeteria, so that epinephrine may be administered to any student believed to be having a life-threatening allergic or anaphylactic reaction. Schools electing to keep epinephrine auto-injectors shall maintain them in a secure, accessible, but unlocked location. The provisions of this paragraph shall apply to the extent that the epinephrine auto-injectors are donated to a school or a school has sufficient funding to purchase the epinephrine auto-injectors. (3) (a) Each school is encouraged to keep an epinephrine auto-injector in a minimum of two (2) locations in the school, including but not limited to the school office and the school cafeteria, so that epinephrine may be administered to any student believed to be having a life-threatening allergic or anaphylactic reaction. Schools electing to keep epinephrine auto-injectors shall maintain them in a secure, accessible, but unlocked location. The provisions of this paragraph shall apply to the extent that the epinephrine auto-injectors are donated to a school or a school has sufficient funding to purchase the epinephrine auto-injectors.
    2. Each school electing to keep epinephrine auto-injectors shall implement policies and procedures for managing a student’s life-threatening allergic reaction or anaphylactic reaction developed and approved by the local school board.
    3. The Kentucky Department for Public Health shall develop clinical protocols in the school health section of the Core Clinical Service Guide manual that is maintained in the county or district public health department to address epinephrine auto-injectors kept by schools under this subsection and to advise on clinical administration of the epinephrine auto-injectors. The protocols shall be developed in collaboration with local health departments or local clinical providers and local schools and local school districts.
  3. Any school employee authorized under KRS 156.502 to administer medication shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from the administration or the assistance in the administration of epinephrine to any student believed in good faith to be having a life-threatening allergic or anaphylactic reaction.

History. Enact. Acts 2002, ch. 50, § 4, effective July 15, 2002; 2004, ch. 132, § 7, effective April 21, 2004; 2013, ch. 52, § 1, effective June 25, 2013.

158.838. Emergency administration and self-administration of diabetes and seizure disorder medications — Required training — Required written statements and seizure action plan — Limitation on liability — Renewal of permission — Expiration dates of medication — Self-performance of diabetes care tasks — Diabetes or seizure disorder not to prevent attendance at school the student would ordinarily attend.

    1. Beginning July 15, 2014, the board of each local public school district and the governing body of each private and parochial school or school district shall have at least one (1) school employee at each school who has met the requirements of KRS 156.502 on duty during the entire school day to administer or assist with the self-administration of the following medication: (1) (a) Beginning July 15, 2014, the board of each local public school district and the governing body of each private and parochial school or school district shall have at least one (1) school employee at each school who has met the requirements of KRS 156.502 on duty during the entire school day to administer or assist with the self-administration of the following medication:
      1. Glucagon subcutaneously to students with diabetes who are experiencing hypoglycemia or other conditions noted in the health care practitioner’s written statement under subsection (2)(a)2. of this section;
      2. Insulin subcutaneously, through the insulin delivery method used by the student and at the times and under the conditions noted in the health care practitioner’s written statement under subsection (2)(a)2. of this section; and
      3. A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and any successor agency.
    2. For those assigned the duties under paragraph (a) of this subsection, the training provided under KRS 156.502 shall include instruction in administering:
      1. Insulin and glucagon, as well as recognition of the signs and symptoms of hypoglycemia and hyperglycemia and the appropriate steps to be taken to respond to these symptoms; and
      2. Seizure medications, as well as the recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms.
    3. Any training program or guidelines adopted by any state agency for training of school personnel in the diabetes care tasks covered by this section shall be fully consistent with training programs and guidelines developed by the American Diabetes Association. Notwithstanding any state agency requirement or other law to the contrary, for purposes of this training a local school district shall be permitted to use any adequate and appropriate training program or guidelines for training of school personnel in the diabetes care tasks covered under this section.
    4. Any training program or guidelines adopted by any state agency for training of school personnel in the health care needs of students diagnosed with a seizure disorder shall be fully consistent with best practice guidelines from medical professionals with expertise in seizure treatment.
    1. Prior to administering any of the medications listed under subsection (1)(a) of this section to a student, the student’s parent or guardian shall: (2) (a) Prior to administering any of the medications listed under subsection (1)(a) of this section to a student, the student’s parent or guardian shall:
      1. Provide the school with a written authorization to administer the medication at school;
      2. Provide a written statement from the student’s health care practitioner, which shall contain the following information:
        1. Student’s name;
        2. The name and purpose of the medication;
        3. The prescribed dosage;
        4. The route of administration;
        5. The frequency that the medication may be administered; and
        6. The circumstances under which the medication may be administered; and
      3. Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact.
    2. In addition to the statements required in paragraph (a) of this subsection, the parent or guardian of each student diagnosed with a seizure disorder shall collaborate with school personnel to implement the seizure action plan. The Kentucky Board of Education shall promulgate administrative regulations establishing procedures for the implementation of seizure action plans.
    1. The statements and seizure action plan required in subsection (2) of this section shall be kept on file in the office of the school nurse or school administrator. (3) (a) The statements and seizure action plan required in subsection (2) of this section shall be kept on file in the office of the school nurse or school administrator.
    2. Any school personnel or volunteers responsible for the supervision or care of a student diagnosed with a seizure disorder shall be given notice of the seizure action plan, the identity of the school employee or employees trained in accordance with subsection (1)(a) of this section, and the method by which the trained school employee or employees may be contacted in the event of an emergency.
  1. The school district or the governing body of each private and parochial school or school district shall inform the parent or guardian of the student that the school and its employees and agents shall not incur any liability as a result of any injury sustained by the student from any reaction to any medication listed under subsection (1)(a) of this section that a parent or guardian has authorized the school district to administer to a student to treat a hypoglycemic or hyperglycemic episode or a seizure or its administration, unless the injury is the result of negligence or misconduct on behalf of the school or its employees. The parent or guardian of the student shall sign a written statement acknowledging that the school shall incur no liability except as provided in this subsection, and the parent or guardian shall hold harmless the school and its employees against any claims made for any reaction to any medication listed under subsection (1)(a) of this section that a parent or guardian has authorized the school district to administer to a student to treat a hypoglycemic or hyperglycemic episode or a seizure or its administration if the reaction is not due to negligence or misconduct on behalf of the school or its employees.
  2. The permission for the administration of any of the medications listed under subsection (1)(a) of this section shall be effective for the school year in which it is granted and shall be renewed each following school year upon fulfilling the requirements of subsections (2) to (4) of this section.
  3. The school nurse or school administrator shall check the expiration date monthly for each medication listed under subsection (1)(a) of this section that is in the possession of the school. At least one (1) month prior to the expiration date of each medication, the school nurse or school administrator shall inform the parent or guardian of the expiration date.
  4. Upon the written request of the parent or guardian of the student and written authorization by the student’s health care practitioner, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin through the insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and otherwise attend to the care and management of his or her diabetes in the school setting and at school-related activities. A student shall be permitted to possess on his or her person at all times necessary supplies and equipment to perform these monitoring and treatment functions. Upon request by the parent or student, the student shall have access to a private area for performing diabetes care tasks.
    1. Beginning July 15, 2014, a school district shall permit a student who has diabetes or a seizure disorder to attend the same school the student would attend if the student did not have diabetes or a seizure disorder. Such a student may only be transferred to a different school based on health care needs if the individualized education program team, the Section 504 team, or, if appropriate, the student’s health services team, makes the determination that the student’s health condition requires that the student’s care be provided by a licensed health care professional at a different school. For the purpose of this determination, the teams shall include the parent or guardian. The parent or guardian may invite the student’s treating physician to the team meeting and the team shall consider the physician’s input, whether in person or in written form, when making this determination. This determination shall be based on individualized factors related to the student’s health conditions. A school district shall not prohibit a student who has diabetes or a seizure disorder from attending any school on the sole basis that: (8) (a) Beginning July 15, 2014, a school district shall permit a student who has diabetes or a seizure disorder to attend the same school the student would attend if the student did not have diabetes or a seizure disorder. Such a student may only be transferred to a different school based on health care needs if the individualized education program team, the Section 504 team, or, if appropriate, the student’s health services team, makes the determination that the student’s health condition requires that the student’s care be provided by a licensed health care professional at a different school. For the purpose of this determination, the teams shall include the parent or guardian. The parent or guardian may invite the student’s treating physician to the team meeting and the team shall consider the physician’s input, whether in person or in written form, when making this determination. This determination shall be based on individualized factors related to the student’s health conditions. A school district shall not prohibit a student who has diabetes or a seizure disorder from attending any school on the sole basis that:
      1. The student has diabetes or a seizure disorder;
      2. The school does not have a full-time school nurse; or
      3. The school does not have school employees who are trained in accordance with KRS 156.502 and assigned to provide care under this section.
    2. Parents or guardians of students who have diabetes or a seizure disorder shall not be required or pressured by school personnel to provide care for a student with diabetes or a seizure disorder during regular school hours or during school-related activities in which the student is a participant. For the purposes of this paragraph, a participant is not a student who merely observes the activity.
  5. The requirements of subsections (1) to (8) of this section shall apply only to schools that have a student enrolled who:
    1. Has a seizure disorder and has a seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and any successor agency prescribed by the student’s health care provider; or
    2. Has diabetes mellitus and has any of the medications listed under subsection (1)(a) of this section prescribed by the student’s health care provider.
  6. Nothing in this section shall be construed to require a school employee to consent to administer medications listed under subsection (1)(a) of this section to a student if the employee does not otherwise consent to provide the health service under KRS 156.502 .
  7. Notwithstanding any other provision of the law to the contrary:
    1. The administration of the medications listed under subsection (1)(a) of this section by school employees shall not constitute the practice of nursing and shall be exempt from all applicable statutory and regulatory provisions that restrict the activities that may be delegated to or performed by a person who is not a licensed health care professional; and
    2. A licensed health care professional may provide training to or supervise school employees in the administration of the medications listed under subsection (1)(a) of this section.

HISTORY: Enact. Acts 2005, ch. 177, § 2, effective June 20, 2005; 2014, ch. 3, § 2, effective March 5, 2014; 2018 ch. 153, § 2, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). 2018 Ky. Acts ch. 153, sec. 5, provides that 2018 Ky. Acts ch. 153 may be cited as the “Lyndsey Crunk Act.” This statute was amended in Section 2 of that Act.

Notes to Unpublished Decisions

1. Injunctive Relief.

Unpublished decision: Where a diabetic student alleged that a school board discriminated against the student by moving the student out of the student's neighborhood school to a different school that had a full-time nurse on staff, the student's request for injunctive relief was moot because the actions that the student sought to enjoin was already forbidden by Ky. Rev. Stat. Ann. § 158.838(8)(a), and the school board had not “singled out” the student for disparate treatment based on the student's diabetes. R.K. v. Bd. of Educ., 637 Fed. Appx. 922, 2016 FED App. 0079N, 2016 U.S. App. LEXIS 2060 (6th Cir. Ky. 2016 ).

Student Achievement in Mathematics and Reading

158.840. General Assembly findings and intent — Importance of students’ reading and mathematics skills in achieving scholastic goals — Roles of statewide entities in improving student achievement.

  1. The General Assembly hereby finds that reading and mathematics proficiency are gateway skills necessary for all Kentucky students to achieve the academic goals established in KRS 158.6451 . It is the General Assembly’s intent that:
    1. All students in the primary program having difficulty in reading and mathematics receive early diagnosis and intervention services from highly trained teachers;
    2. All students demonstrate proficiency in reading and mathematics as they progress through the relevant curricula and complete each assessment level required by the Kentucky Board of Education for the state assessment program established under KRS 158.6453 and in compliance with the requirements of the federal Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor and
    3. Students who are struggling in reading and mathematics or are not at the proficient level on statewide assessments be provided research-based and developmentally appropriate diagnostic and intervention services, and instructional modifications necessary to learn.
  2. The General Assembly’s role is to set policies that address the achievement levels of all students and provide resources for the professional growth of teachers and administrators, assessing students’ academic achievement, including diagnostic assessment and instructional interventions, technology innovations, targeted reading and mathematics statewide initiatives, research and the distribution of research findings, services for students beyond the regular school day, and other services needed to help struggling learners.
  3. The Kentucky Board of Education shall regularly review and modify, when appropriate, its statewide assessment policies and practices to enable local school districts and schools to carry out the provisions of the statewide assessment and accountability system, required under KRS 158.6453 to improve student achievement in mathematics and reading.
  4. The Kentucky Department of Education shall:
    1. Provide assistance to schools and teachers, including publicizing professional development opportunities, methods of measuring effective professional development, the availability of high quality instructional materials, and developmentally appropriate screening and diagnostic assessments of student competency in mathematics and reading. The department shall provide access to samples of units of study, annotated student work, diagnostic instruments, and research findings, and give guidance on parental engagement;
    2. Work with state and national educators and subject-matter experts to identify student reading skills in each subject area that align with the state content standards adopted under KRS 158.6453 and identify teaching strategies in each subject area that can be used explicitly to develop the identified reading skills under this paragraph;
    3. Encourage the development of comprehensive middle and high school adolescent reading plans to be incorporated into the curricula of each subject area to improve the reading comprehension of all students;
    4. Conduct an annual review of the state grant programs it manages and make recommendations, when needed, to the Interim Joint Committee on Education for changes to statutory requirements that are necessary to gain a greater return on investment;
    5. Provide administrative support and oversight to programs to train classroom coaches and mentors to help teachers with reading and mathematics instruction; and
    6. Require no reporting of instructional plans, formative assessment results, staff effectiveness processes, or interventions implemented in the classroom, except for:
      1. Interventions implemented under KRS 158.305(2);
      2. Funds provided under KRS 158.792 or 158. 844; or
      3. Schools that are identified for comprehensive support and improvement and fail to exit comprehensive support and improvement status after three (3) consecutive years of implementing the turnaround intervention process as described in KRS 160.346 .
  5. The Council on Postsecondary Education, in cooperation with the Education Professional Standards Board, shall exercise its duties and functions under KRS 164.020 to ensure that teacher education programs are fulfilling the needs of Kentucky for highly skilled teachers. The council shall coordinate the federal and state grant programs it administers with other statewide initiatives relating to improving student achievement in reading and mathematics to avoid duplication of effort and to make efficient use of resources.
  6. The Education Professional Standards Board shall exercise its duties and responsibilities under KRS 161.030 and 161.048 to ensure highly qualified teachers.
  7. Colleges and universities shall:
    1. Utilize institution-wide resources to work with elementary and secondary educators and other entities to align curriculum content to ensure that students who achieve proficiency on standards established at the prekindergarten through secondary levels will require no remediation to successfully enter a postsecondary education program;
    2. Provide quality undergraduate teacher preparation programs to ensure that those preparing to teach reading or mathematics at all grade levels have the necessary content knowledge, assessment and diagnostic skills, and teaching methodologies and that teachers in all subject areas have the requisite skills for helping students at all grade levels develop critical strategies and skills for reading and comprehending subject matter;
    3. Deliver appropriate continuing education for teachers in reading and mathematics through institutes, graduate level courses, and other professional development activities that support a statewide agenda for improving student achievement in reading and mathematics;
    4. Conduct or assist with research on best practices in assessment, intervention strategies, teaching methodologies, costs and effectiveness of instructional models, and other factors as appropriate to reading and mathematics;
    5. Provide staff to consult and provide technical assistance to teachers, staff, and administrators at elementary, middle, and secondary school sites;
    6. Assume active roles in the statewide initiatives referenced in KRS 156.553 and 158.842 ; and
    7. Develop written procedures for measuring the effectiveness of activities outlined in paragraphs (a) to (e) of this subsection.
  8. School councils at all school levels are encouraged to identify and allocate resources to qualified teachers to become coaches or mentors in mathematics or coaches or mentors in reading with a focus on improving student achievement in their respective schools.
  9. Local school boards and superintendents shall provide local resources, whenever possible, to supplement or match state and federal resources to support teachers, school administrators, and school councils in helping students achieve proficiency in reading and mathematics.
  10. Local school superintendents shall provide leadership and resources to the principals of all schools to facilitate curriculum alignment, communications, and technical support among schools to ensure that students are academically prepared to move to the next level of schooling.

The General Assembly, the Kentucky Board of Education, the Kentucky Department of Education, the Council on Postsecondary Education, colleges and universities, local boards of education, school administrators, school councils, teachers, parents, and other educational entities, such as the Education Professional Standards Board, P-16 councils, the Collaborative Center for Literacy Development, and the Center for Middle School Achievement must collaborate if the intentions specified in this subsection are to be met. Intensive focus on student achievement in reading and mathematics does not negate the responsibility of any entity to help students obtain proficiency in other core curriculum content areas.

History. Enact. Acts 2005, ch. 164, § 1, effective March 18, 2005; 2010, ch. 42, § 2, effective July 15, 2010; 2017 ch. 156, § 10, effective April 10, 2017.

158.842. Definitions for KRS 158.840 to 158.844 — Committee for Mathematics Achievement — Membership, purposes, organization, staffing, and duties of committee — Report to Interim Joint Committee on Education.

  1. As used in KRS 158.840 to 158.844 , unless the context requires otherwise:
    1. “Concepts” means mathematical ideas that serve as the basis for understanding mathematics;
    2. “Mathematics” means the curriculum of numbers and computations, geometry and measurements, probability and statistics, and algebraic ideas;
    3. “Mathematics coach” means a mathematics leader whose primary responsibility is to provide ongoing support for one (1) or more mathematics teachers. The role of the coach is to improve mathematics teaching practices by working with teachers in their classrooms, observing and providing feedback to them, modeling appropriate teaching practices, conducting workshops or institutes, establishing learning communities, and gathering appropriate and useful resources;
    4. “Mathematics diagnostic assessment” means an assessment that identifies a student at risk of failure in mathematics or a student with major deficits in numeracy and other mathematical concepts and skills;
    5. “Mathematics intervention program” means an intensive instructional program that is based on valid research and is provided by a highly trained teacher to specifically meet individual students’ needs;
    6. “Mathematics leader” means any educator with a specialization in mathematics who:
      1. Serves in a supervisory capacity, such as mathematics department chair, school-based mathematics specialist, or district mathematics supervisor or coordinator; or
      2. Regularly conducts or facilitates teacher professional development, such as higher education faculty or other mathematics teachers;
    7. “Mathematics mentor” means an experienced mathematics coach who typically works with beginning or novice teachers only. The responsibilities and roles of the mentor are the same as those of the coach;
    8. “Numeracy” means the development of the basic concepts which include counting, place value, addition and subtraction strategies, multiplication and division strategies, and the concepts of time, money, and length. To be numerate is to have and be able to use appropriate mathematical knowledge, concepts, skills, intuition, and experience in relationship to every day life;
    9. “Relationships” means connections of mathematical concepts and skills within mathematics; and
    10. “Skills” means actions of mathematics.
  2. The Committee for Mathematics Achievement is hereby created for the purposes of developing a multifaceted strategic plan to improve student achievement in mathematics at all levels of schooling, prekindergarten through postsecondary and adult. At a minimum the plan shall address:
    1. Challenging curriculum that is aligned prekindergarten through postsecondary, including consensus among high school teachers and postsecondary education faculty about expectations, curriculum, and assessment;
    2. Attitudes and beliefs of teachers about mathematics;
    3. Teachers’ knowledge of mathematics;
    4. Diagnostic assessment, intervention services, and instructional strategies;
    5. Shortages of teachers of mathematics, including incentives to attract strong candidates to mathematics teaching;
    6. Statewide institutes that prepare cadres of mathematics leaders in local school districts, which may include highly skilled retired mathematics teachers, to serve as coaches and mentors in districts and schools;
    7. Cohesive continuing education options for experienced mathematics classroom teachers;
    8. Closing the student achievement gap among various student subpopulations;
    9. Curriculum expectations and assessments of students among the various school levels, prekindergarten, primary, elementary, middle, and high school;
    10. Content standards for adult education centers providing mathematics curricula;
    11. Introductory postsecondary education mathematics courses that are appropriate to the wide array of academic programs and majors;
    12. Research to analyze further the issues of transition from high school or High School Equivalency Diploma programs to postsecondary education mathematics; and
    13. The early mathematics testing program under KRS 158.803 .
  3. In carrying out its responsibility under subsection (2)(f) of this section, the committee shall:
    1. Design a statewide professional development program that includes summer mathematics institutes at colleges and universities, follow-up, and school-based support services, beginning no later than June 1, 2006, to prepare teams of teachers as coaches and mentors of mathematics at all school levels to improve student achievement. Teachers shall receive training in diagnostic assessment and intervention. The statewide initiative shall be funded, based on available funds, from the Teachers’ Professional Growth Fund described in KRS 156.553 . The design shall:
      1. Define the curricula focus;
      2. Build on the expertise of specific colleges and universities;
      3. Place emphasis on mathematics concepts, skills and relationships, diagnostic assessment, intervention services, and instructional strategies;
      4. Identify quality control measures for the delivery of each institute;
      5. Establish evaluation procedures for the summer institutes and the other professional development components;
      6. Provide updates and networking opportunities for coaches and mentors throughout the school year; and
      7. Define other components within the initiative that are necessary to meet the goal of increasing student achievement in mathematics;
    2. Require schools and districts approved to have participants in the mathematics leader institutes to provide assurances that:
      1. The district and schools have, or will develop, local mathematics curricula and assessments that align with state standards for mathematics;
      2. There is a local commitment to build a cadre of mathematics leaders within the district;
      3. The district and participating schools will provide in-school support for coaching and mentoring activities;
      4. The mathematics teachers are willing to develop classroom assessments that align with state assessments; and
      5. Students who need modified instructional and intervention services will have opportunity for continuing education services beyond the regular school day, week, or year; and
    3. In addition to the conditions specified in paragraph (b) of this subsection, the committee shall make recommendations to the Kentucky Department of Education and the Kentucky Board of Education for criteria to be included in administrative regulations promulgated by the board which define:
      1. Eligible grant recipients, taking into consideration how this program relates to other funded mathematics initiatives;
      2. The application process and review;
      3. The responsibilities of schools and districts, including but not limited to matching funds requirements, released or extended time for coaches and mentors during the school year, continuing education requirements for teachers and administrators in participating schools, data to be collected, and local evaluation requirements; and
      4. Other recommendations requested by the Kentucky Department of Education.
  4. The committee shall initially be composed of twenty-five (25) members as follows:
    1. The commissioner of education or his or her designee;
    2. The president of the Council on Postsecondary Education or his or her designee;
    3. The president of the Association of Independent Kentucky Colleges and Universities or his or her designee;
    4. The executive director of the Education Professional Standards Board or his or her designee;
    5. The secretary of the Education and Workforce Development Cabinet or his or her designee;
    6. A representative with a specialty in mathematics or mathematics education who has expertise and experience in professional development, especially with coaching and mentoring of teachers, from each of the nine (9) public postsecondary education institutions defined in KRS 164.001 . The representatives shall be selected by mutual agreement of the president of the Council on Postsecondary Education and the commissioner of education;
    7. Two (2) adult education instructors selected by the secretary of the Education and Workforce Development Cabinet;
    8. Two (2) elementary, two (2) middle, and two (2) high school mathematics teachers, appointed by the board of the statewide professional education association having the largest paid membership with approval from their respective local principals and superintendents of schools; and
    9. Three (3) school administrators, with one (1) each representing elementary, middle, and high school, appointed by the board of the statewide administrators’ association having the largest paid membership with approval from their respective local superintendents of schools.
  5. A majority of the full membership shall constitute a quorum.
  6. Each member of the committee, other than members who serve by virtue of their positions, shall serve for a term of three (3) years or until a successor is appointed and qualified, except that the initial appointments shall be made in the following manner: six (6) members shall serve a one (1) year term, six (6) members shall serve a two (2) year term, and eight (8) members shall serve a three (3) year term.
  7. A temporary chair of the committee shall be appointed prior to the first meeting of the committee through consensus of the president of the Council on Postsecondary Education and the commissioner of education, to serve ninety (90) days after his or her appointment. Prior to the end of the ninety (90) days, the committee shall elect a chair by majority vote. The temporary chair may be a nominee for the chair by majority vote. Thereafter, a chair shall be elected each calendar year. An individual may not serve as chair for more than three (3) consecutive years. The chair shall be the presiding officer of the committee, and coordinate the functions and activities of the committee.
  8. The committee shall be attached to the Kentucky Department of Education for administrative purposes. The commissioner of education may contract with a mathematics-trained professional to provide part-time staff support to the committee. The commissioner of education and the president of the council shall reach consensus in the selection of a person to fill the position. The person selected shall have a graduate degree, a mathematics major, and teaching or administrative experience in elementary and secondary education. The person shall not be a current employee of any entity represented on the committee. The department shall provide office space and other resources necessary to support the staff position and the work of the committee.
  9. The committee, under the leadership of the chair, may organize itself into appropriate subcommittees and work structures to accomplish the purposes of the committee.
  10. Members of the committee shall serve without compensation but shall be reimbursed for necessary travel and expenses while attending meetings at the same per diem rate promulgated in administrative regulation for state employees under provisions of KRS Chapter 45. Funds shall be provided school districts to cover the cost of substitute teachers for those teachers on the committee at each district’s established rate for substitute teachers.
  11. If a vacancy occurs within the committee during its duration, the board of the statewide professional education association having the largest paid membership or the board of the statewide administrators association having the largest paid membership or the president of the Council on Postsecondary Education, as appropriate, shall appoint a person to fill the vacancy.
  12. The committee shall:
    1. Present a draft strategic plan addressing the requirements in subsection (1) of this section and other issues that arose during the work of the committee to the Education Assessment and Accountability Review Subcommittee no later than August 2005;
    2. Present the strategic plan for improving mathematics achievement to the Interim Joint Committee on Education by July 15, 2006, which shall include any recommendations that require legislative action; and
    3. Provide a final written report of committee activities to the Interim Joint Committee on Education and the Legislative Research Commission by December 1, 2006.
  13. The committee shall have ongoing responsibility for providing advice and guidance to policymakers in the development of statewide policies and in the identification and allocation of resources to improve mathematics achievement. In carrying out this responsibility, the committee shall periodically review the strategic plan and make modifications as deemed appropriate and report those to the Interim Joint Committee on Education.
  14. The committee shall collaborate with the Center for Mathematics to ensure that there is ongoing identification of research-based intervention programs for K-12 students who have fallen behind in mathematics, rigorous mathematics curricula that prepare students for the next level of schooling, research-based professional development models that prepare teachers in mathematics and pedagogy, and strategies for closing the gap between high school or a High School Equivalency Diploma program and postsecondary mathematics preparation.

Other factors may be included in the strategic plan as deemed appropriate by the committee to improve mathematics achievement of Kentucky students.

When the Center for Mathematics created under KRS 164.525 becomes operational, the executive director of the center shall be added to the committee, which shall then be composed of twenty-six (26) members. Appointments to the committee shall be made no later than thirty (30) days following March 18, 2005, and the first meeting of the committee shall occur no later than thirty (30) days following appointment of the members.

History. Enact. Acts 2005, ch. 164, § 2, effective March 18, 2005; 2006, ch. 211, § 89, effective July 12, 2006; 2009, ch. 11, § 51, effective June 25, 2009; 2017 ch. 63, § 15, effective June 29, 2017; 2019 ch. 146, § 29, effective June 27, 2019.

Legislative Research Commission Note.

(3/18/2005). 2005 Ky. Acts ch. 164, sec. 2, subsection (3), contained a reference to “subsection (1)(f) of this section.” This reference should have been changed to “subsection (2)(f) of this section” when the Senate committee substitute inserted a new subsection (1). The Statute Reviser, under the authority of KRS 7.136 , has made the change.

158.844. Mathematics achievement fund — Creation — Use and disposition of moneys — Administrative regulations — Requirements for grant applicants — Department to provide information to schools and to make annual report to Interim Joint Committee on Education.

  1. The mathematics achievement fund is hereby created to provide developmentally appropriate diagnostic assessment and intervention services to students, primary through grade 12, to help them reach proficiency in mathematics on the state assessments under KRS 158.6453 and in compliance with the “No Child Left Behind Act of 2001,” 20 U.S.C. secs. 6301 et seq., as required under KRS 158.840 .
  2. The grant funds may be used to support the implementation of diagnostic and intervention services in mathematics. The use of funds may include: pay for extended time for teachers, released time for teachers to serve as coaches and mentors or to carry out other responsibilities needed in the implementation of intervention services, payment of substitute teachers needed for the support of mathematics teachers, purchase of materials needed for modification of instruction, and other costs associated with diagnostic and intervention services or to cover other costs deemed appropriate by the Kentucky Board of Education.
  3. The fund shall:
    1. Provide funding for the Center for Mathematics created in KRS 164.525 and the costs of training selected teachers in the diagnostic assessment and intervention skills that are needed to assist struggling students in the primary program and other grade levels;
    2. Provide renewable, two (2) year local grants to school districts and for purposes described in subsection (2) of this section; and
    3. Provide operational funding for the Committee for Mathematics Achievement created in KRS 158.842 .
  4. Any funds appropriated to the mathematics achievement fund that are specifically designated by the General Assembly to support the Center for Mathematics shall be appropriated to the Council on Postsecondary Education and distributed to the university administering the center, as determined by the council under KRS 164.525 .
  5. Any moneys in the fund at the close of a fiscal year shall not lapse but shall be carried forward to be used for the purposes specified in this section.
  6. Any interest earnings of the fund shall become a part of the fund and shall not lapse.
    1. Any funds appropriated to the mathematics achievement fund and specifically designated by the General Assembly as funding for grants to local school districts or to support the Committee for Mathematics Achievement shall be administered by the Kentucky Department of Education. (7) (a) Any funds appropriated to the mathematics achievement fund and specifically designated by the General Assembly as funding for grants to local school districts or to support the Committee for Mathematics Achievement shall be administered by the Kentucky Department of Education.
    2. The Kentucky Board of Education shall promulgate administrative regulations relating to the grants for local school districts based on recommendations from the Committee for Mathematics Achievement, the secretary of the Education and Workforce Development Cabinet, the commissioner of education, and the Center for Mathematics established in KRS 164.525 . The administrative regulations shall:
      1. Identify eligibility criteria for grant applicants;
      2. Specify the criteria for acceptable diagnostic assessments and intervention programs and coaching and mentoring programs;
      3. Establish the minimum annual evaluation process for each grant recipient;
      4. Identify the annual data that must be provided from each grant recipient;
      5. Define the application and approval process;
      6. Establish matching fund requirements if deemed necessary by the board;
      7. Define the obligations for professional development and continuing education for teachers, administrators, and staff of each grant recipient;
      8. Establish the conditions for renewal of a two (2) year grant; and
      9. Specify other conditions necessary to implement the purposes of this section.
    3. As part of the application process, the board shall require that a grant applicant provide assurances that the following principles will be met if the applicant’s request for funding is approved:
      1. Mathematics instruction will be standards-based and utilize research-based practices;
      2. Intervention and support services will supplement, not replace, regular classroom instruction; and
      3. Intervention services will be provided to primary program students and other students who are at risk of mathematics failure within the school based upon ongoing assessments of their needs.
    4. If matching funds are required, the school council or, if none exists, the principal or the superintendent of schools, shall allocate matching funds. Funding for professional development allocated to the school council under KRS 160.345 and for continuing education under KRS 158.070 may be used to provide a portion or all of a school’s required match.
    5. The Department of Education shall make available to schools:
      1. Information from the Center for Mathematics regarding diagnostic assessment and intervention programs and coaching and mentoring programs of proven-practice in meeting the needs of primary students and other students who are at risk of failure;
      2. Technical assistance to potential applicants and grant recipients;
      3. A list of professional development providers offering teacher training in diagnostic assessment and intervention strategies and coaching and mentoring; and
      4. Information from the Center for Mathematics on how to communicate to parents effective ways of interacting with their children to improve their mathematics concepts, skills, and understanding.
    6. The Department of Education shall submit a report to the Interim Joint Committee on Education no later than September 1 of each year outlining the use of grant funds. By November 1, 2007, the Department of Education with input from the Committee for Mathematics Achievement and the Center for Mathematics shall conduct a statewide needs assessment of the resources needed in each school to help each child achieve proficiency in mathematics by the year 2014 and report to the Interim Joint Committee on Education an estimate of the cost and a specific timeline for meeting the goal established by the Commonwealth.

History. Enact. Acts 2005, ch. 164, § 3, effective March 18, 2005; 2009, ch. 11, § 52, effective June 25, 2009.

Legislative Research Commission Note.

(3/18/2005). 2005 Ky. Acts ch. 164, sec. 3, contained three references to the Mathematics Achievement Committee. The correct name for this entity is the Committee for Mathematics Achievement. The Statute Reviser, under the authority of KRS 7.136 , has changed these references to be consistent with sec. 2 of this Act, which created the Committee for Mathematics Achievement and was codified as KRS 158.842 .

Student Achievement in STEM Disciplines

158.845. Definitions for KRS 158.845 to 158.849.

As used in KRS 158.845 to 158.849 :

  1. “STEM” means science, technology, engineering, and mathematics; and
  2. “Advanced science and mathematics” means Advanced Placement biology, calculus, chemistry, computer science, environmental science, and physics, and International Baccalaureate biology, chemistry, computer science, environmental systems, mathematical studies, further mathematics, and physics.

History. Enact. Acts 2008, ch. 134, § 1, effective July 15, 2008.

158.846. Legislative findings concerning academic achievement in STEM disciplines.

The General Assembly hereby finds that:

  1. The future of Kentucky depends upon the ability to develop intellectual capital that can drive the research and development activities that will allow the Commonwealth to successfully compete in the global knowledge-based economy;
  2. Kentucky’s natural resources, the nation’s need for energy independence, and the worldwide movement toward the creation of cleaner and more sustainable energy technologies afford Kentucky the opportunity to become an international leader in energy diversification;
  3. Strengthening Kentucky’s position in key areas of the knowledge-based economy, including energy and environmental technology, biosciences, materials science, advanced manufacturing, information technology, human health and development, and other fields, requires a strong and steady stream of researchers, workers, policymakers, and entrepreneurs trained in the STEM disciplines;
  4. The number of Kentucky’s elementary and secondary students interested in pursuing, and adequately prepared for success in, the STEM disciplines in college and the workforce is insufficient to meet the challenges and opportunities with which Kentucky is confronted;
  5. The number of Kentucky’s elementary, middle, and secondary school teachers who are highly qualified to provide instruction in the STEM disciplines is insufficient to adequately prepare students for careers in the knowledge-based economy; and
  6. Bold, collaborative, and strategic action is needed by all stakeholders in Kentucky’s P-20 education system, business sector, and government to improve Kentucky’s position for success in the knowledge-based economy by expanding and strengthening STEM educational opportunities from prekindergarten through the doctoral degree level, inspiring more Kentuckians to pursue those opportunities, and linking those opportunities with a coherent set of statewide economic and workforce development strategies.

History. Enact. Acts 2008, ch. 134, § 2, effective July 15, 2008.

158.847. Science and mathematics advancement fund — Purposes — Administrative regulations.

    1. The science and mathematics advancement fund is hereby created to provide incentives for public schools to provide or expand student access to rigorous science and mathematics curricula, to make available advanced science and mathematics courses and college credit in these disciplines for high school students, and to increase the quantity and quality of science and mathematics teachers in Kentucky. (1) (a) The science and mathematics advancement fund is hereby created to provide incentives for public schools to provide or expand student access to rigorous science and mathematics curricula, to make available advanced science and mathematics courses and college credit in these disciplines for high school students, and to increase the quantity and quality of science and mathematics teachers in Kentucky.
    2. Funds may be used in support of public schools to provide:
      1. Payment of student fees for AP and IB examinations;
      2. Scholarships for high school students to take advanced science and mathematics courses through the Kentucky Virtual High School when those courses are not offered at the school in which they are enrolled;
      3. Two (2) year grants to high schools to support the start-up of advanced science and mathematics courses;
      4. Two (2) year renewable grants to middle schools to support accelerated student learning in science and mathematics;
      5. Grants to school districts for programs to develop and implement an energy technology engineering career track; and
      6. Professional development opportunities, and payment of expenses and stipends for participation, for elementary school teachers to deepen their content knowledge and improve instructional practice in science and mathematics.
    3. The fund may receive state appropriations, grants, gifts, federal funds, or any other funds, public or private.
    4. Funds from the science and mathematics advancement fund shall be distributed after all other funds available for these purposes have been obligated, including state funds, federal funds, or any funds available through a scholarship program administered by the Kentucky Higher Education Assistance Authority.
  1. The Kentucky Board of Education shall promulgate administrative regulations for the administration of the science and mathematics advancement fund. The Kentucky Department of Education shall administer the fund, approve grant recipients, and distribute the funds to local school districts and other appropriate educational agencies.

History. Enact. Acts 2008, ch. 134, § 3, effective July 15, 2008.

Legislative Research Commission Note.

(7/15/2008). The Reviser of Statutes has renumbered subsection (1) of this statute from the way it appeared in 2008 Ky. Acts ch. 134, sec. 3, under the authority of KRS 7.136(1)(a).

158.848. Grant programs concerning STEM disciplines and AP and IB courses.

  1. Using funds from the science and mathematics advancement fund, the Department of Education shall establish the following grant programs for public schools:
    1. High School Advanced Science and Mathematics Course Start-up Program;
    2. Middle School Mathematics and Science Scholars Program; and
    3. District Energy Technology Career Track Program.
    1. High School Advanced Science and Mathematics Course Start-up Program. The purpose of the program is to increase the number of students who successfully complete rigorous science and mathematics coursework during high school by providing support to high schools to offer additional advanced science and mathematics courses with highly trained teachers and appropriate course materials. (2) (a) High School Advanced Science and Mathematics Course Start-up Program. The purpose of the program is to increase the number of students who successfully complete rigorous science and mathematics coursework during high school by providing support to high schools to offer additional advanced science and mathematics courses with highly trained teachers and appropriate course materials.
    2. The program shall provide two (2) year grants to high schools. To qualify for a grant, a school shall initiate at least one (1) advanced mathematics and science course. During the first year of the grant, funds shall be used for planning and the training of teachers. During the second year of the grant, funds shall be used to provide additional support for implementation of an advanced science and mathematics course.
    3. Permissible uses of funds include additional training for an advanced science and mathematics teacher and the purchase of classroom supplies, textbooks, laboratory equipment, and other instructional materials.
    4. A high school applying for a grant under this subsection shall provide assurances that:
      1. All teachers of advanced science and mathematics courses supported by the grant shall participate in a College Board-endorsed AP summer training institute or International Baccalaureate-sponsored IB summer workshop, as available; and
      2. All students completing AP courses supported by the grant shall take the AP examination, and all students enrolled in the IB courses supported by the grant shall take the IB examination, in the respective content areas.
    1. Middle School Mathematics and Science Scholars Program. The purpose of the program is to increase the number of students entering high school who are well-prepared to undertake rigorous mathematics and science coursework, culminating in successful completion of advanced science and mathematics courses and high achievement on AP and IB examinations. (3) (a) Middle School Mathematics and Science Scholars Program. The purpose of the program is to increase the number of students entering high school who are well-prepared to undertake rigorous mathematics and science coursework, culminating in successful completion of advanced science and mathematics courses and high achievement on AP and IB examinations.
    2. The program shall provide two (2) year renewable grants to middle schools to support intensive, accelerated student learning in mathematics and the sciences, to be offered at no cost to participants. Grants shall be used to support activities that may include but not be limited to programs during the school day, after-school programs, Saturday programs, or multiweek summer sessions.
    3. The grant application shall ensure that teachers participating in the grant have the skills to provide intensive, accelerated student learning in mathematics or the sciences and that they will receive ongoing, relevant professional development.
    4. A middle school receiving grants shall collaborate with elementary schools from which it receives students, and with high schools to which it sends students, to share information on grant activities; strengthen alignment of curricula, content-knowledge expectations, and instructional practice between schools; and provide relevant professional development opportunities.
    5. The accelerated learning program shall include strategies to improve the academic skills in mathematics and science for all students for whom significant academic achievement gaps have been identified and to attract them into higher level mathematics and science courses. Specific activities to recruit and enroll students from all racial, ethnic, and socioeconomic groups within the school shall be conducted. Each grant applicant shall provide assurances that the necessary resources will be allocated and utilized to help students in all subpopulations academically succeed in the accelerated learning program and to meet the enrollment goal. The enrollment goal shall be that the number of students representing each racial, ethnic, and socioeconomic group enrolled in the mathematics and science accelerated learning program shall not be less than nor limited to the percentage of each group in the total school population.
  2. District Energy Technology Career Track Program. The purpose of the program is to provide grants to school districts to develop and implement an energy technology engineering career track across middle and high schools within the district as described in KRS 158.808 .

History. Enact. Acts 2008, ch. 134, § 4, effective July 15, 2008.

Legislative Research Commission Note.

(7/15/2008). The Reviser of Statutes has renumbered subsections (2) and (3) of this statute from the way they appeared in 2008 Ky. Acts ch. 134, sec. 4, under the authority of KRS 7.136(1)(a).

158.849. Long-term statewide goals concerning STEM disciplines and AP and IB course participation.

  1. The Kentucky Board of Education shall establish long-term and annual statewide goals for increasing:
    1. The number of high schools providing rigorous curricula and making available accelerated classes and college credit for students;
    2. The number and percentage of students enrolled in and completing AP and IB courses by content area;
    3. The number and percentage of students taking the AP and IB examinations in advanced science and mathematics;
    4. The number and percentage of students receiving a score of three (3) or better on the AP examinations or four (4) or better on IB examinations in advanced science and mathematics;
    5. The number and percentage of students whose families are eligible for free or reduced-price lunch receiving a score of three (3) or better on AP examinations or four (4) or better on IB examinations;
    6. The number and percentage of students in underrepresented groups, including females, minorities, students with disabilities, English language learners, and students whose families are eligible for free or reduced-price lunch, taking computer science courses as defined by the Kentucky Department of Education in middle school and high school, including career and technical education programs;
    7. The number of teachers successfully completing a College Board-endorsed AP or IB summer training institute;
    8. The number of teachers with the knowledge and training needed to prepare students for high achievement on AP and IB examinations in advanced science and mathematics; and
    9. Other criteria determined by the board.
    1. The Kentucky Department of Education shall develop a program evaluation framework regarding the use of the science and mathematics advancement fund for the purposes set forth in KRS 158.847 . The program evaluation framework shall address areas including but not limited to the use of funds, the number of grants and awards, student achievement outcomes, and trends over time on the indicators established to measure progress against the statewide goals under subsection (1) of this section. (2) (a) The Kentucky Department of Education shall develop a program evaluation framework regarding the use of the science and mathematics advancement fund for the purposes set forth in KRS 158.847 . The program evaluation framework shall address areas including but not limited to the use of funds, the number of grants and awards, student achievement outcomes, and trends over time on the indicators established to measure progress against the statewide goals under subsection (1) of this section.
    2. Beginning in 2008, the department shall submit an annual report no later than December 1 to the Kentucky Board of Education and the Interim Joint Committee on Education. The report for 2008 shall provide a status report on the implementation of programs supported by the science and mathematics advancement fund. Subsequent reports shall incorporate information collected and analyzed based on the program evaluation framework under paragraph (a) of this subsection.
    3. Beginning in 2020, the department shall submit an annual report no later than December 1 to the Kentucky Board of Education and the Interim Joint Committee on Education that includes an unduplicated count of the number and percentage of public school students participating in computer science courses and other computer science educational opportunities. The data shall be disaggregated by gender, race, disability, English proficiency, and participation in the federal free and reduced-price lunch program. The report shall also include the number of computer science courses or programs offered in each school, the nature of the computer science courses or programs, the number of advanced placement computer science classes offered, and the number of computer science instructors at each school disaggregated by certification, gender, and terminal degree.

History. Enact. Acts 2008, ch. 134, § 5, effective July 15, 2008; 2020 ch. 60, § 1, effective July 15, 2020.

School Nutrition

158.850. Limitation on sale of retail fast foods in school cafeteria.

Beginning with the 2006-2007 school year, each school shall limit access to no more than one (1) day each week to retail fast foods in the cafeteria, whether sold by contract, commercial vendor, or otherwise.

History. Enact. Acts 2005, ch. 84, § 2, effective June 20, 2005.

158.852. School food service director or menu planner — Credentials and certificates — Continuing education.

  1. Each district shall appoint a food service director who is responsible for the management and oversight of the food service program in the district, except two (2) or more contiguous districts may form one (1) “school food service area” and a school food service director shall be jointly selected by the participating school superintendents to oversee the school food service area.
    1. Any person serving as a school food service director or person otherwise responsible for menu planning in each school district on June 20, 2005, shall be credentialed as a “school food service and nutrition specialist” or certified by a Level 2 certificate issued by the American School Food Service Association within three (3) years after June 20, 2005. No school district shall be required to have more than one (1) person with a credential or certificate under this section. (2) (a) Any person serving as a school food service director or person otherwise responsible for menu planning in each school district on June 20, 2005, shall be credentialed as a “school food service and nutrition specialist” or certified by a Level 2 certificate issued by the American School Food Service Association within three (3) years after June 20, 2005. No school district shall be required to have more than one (1) person with a credential or certificate under this section.
    2. After June 20, 2005, a person appointed to serve as school food service director or the person designated for menu planning who does not hold the “school food service and nutrition specialist” credential or the Level 2 certificate issued by the American School Food Service Association shall obtain the appropriate credential within three (3) years of his or her appointment or designation. No school district shall be required to have more than one (1) person with a credential or certificate under this section.
    3. Eight (8) clock hours of the required continuing education for maintaining the appropriate credential or certificate under this subsection shall be directly related to applied nutrition and healthy meal planning and preparation.
  2. School cafeteria managers shall annually receive at least two (2) hours of continuing education in applied nutrition and healthy meal planning and preparation.

History. Enact. Acts 2005, ch. 84, § 3, effective June 20, 2005.

158.854. Administrative regulation specifying minimum nutritional standards for foods sold outside school lunch programs — Restrictions upon sale of certain foods and beverages — Waiver — Definitions — Exceptions.

  1. The Kentucky Board of Education shall promulgate an administrative regulation in accordance with KRS Chapter 13A to specify the minimum nutritional standards for all foods and beverages that are sold outside the National School Breakfast and National School Lunch programs, whether in vending machines, school stores, canteens, or a la carte cafeteria sales. Minimum nutritional standards shall be based on the most recent edition of the United States Department of Agriculture’s Dietary Guidelines for Americans. The administrative regulation shall address serving size, sugar, and fat content of the foods and beverages. School districts may impose more stringent standards than the standards implemented under the administrative regulation. A school shall follow the minimum standards specified in the administrative regulation unless a waiver has been requested by the school district for the school from the Kentucky Board of Education. Any waiver approved by the Board of Education shall be reviewed on an annual basis.
  2. As used in this section:
    1. “Competitive food” means any food or beverage item sold in competition with the National School Breakfast and National School Lunch programs. The term does not include any food or beverage sold a la carte in the cafeteria;
    2. “School day” means the period of time between the arrival of the first student at the school building and the end of the last instructional period; and
    3. “School-day-approved beverage” means water, one hundred percent (100%) fruit juice, lowfat milk, and any beverage that contains no more than ten (10) grams of sugar per serving.
  3. No school may sell competitive foods or beverages from the time of the arrival of the first student at the school building until thirty (30) minutes after the last lunch period.
  4. Only school-day-approved beverages shall be sold in elementary schools during the school day in vending machines, school stores, canteens, or fundraisers that sell beverages by students, teachers, or groups.
  5. Nothing in this section or KRS 158.850 shall be construed to limit the sale of any foods or beverages by fundraisers off school property.

History. Enact. Acts 2005, ch. 84, § 4, effective June 20, 2005.

Compiler’s Notes.

For provisions regarding National School Breakfast and National School Lunch Programs referenced herein, see 42 USCS § 1773 and 42 USCS §§ 1751 et seq., respectively.

158.856. Annual assessment and evaluation of school nutrition in district — Special board meeting and public forum to discuss nutrition and physical activity in the schools — School district to prepare and submit findings and recommendations to Board of Education.

  1. Each school food service director shall annually assess school nutrition in the district and issue a written report to parents, the local school board, and school-based decision making councils. The report shall include:
    1. An evaluation of compliance with the National School Breakfast and National School Lunch programs;
    2. An evaluation of the availability of contracted fast foods or foods sold through commercial vendors;
    3. A review of access to foods and beverages sold outside the National School Breakfast and National School Lunch programs, including vending machines, school stores, canteens, and a la carte cafeteria sales;
    4. A list of foods and beverages that are available to students, including the nutritional value of those foods and beverages; and
    5. Recommendations for improving the school nutrition environment.
  2. The Kentucky Board of Education shall develop an assessment tool that each school district may use to evaluate its physical activity environment.
  3. The evaluation shall be completed annually and released to the public at the time of the release of the nutrition report under subsection (1) of this section.
  4. Each school board shall discuss the findings of the nutrition report and physical activity report and seek public comments during a publicly advertised special board meeting or at the next regularly scheduled board meeting following the release of the nutrition and physical activity reports.
  5. By January 31 of each year, the local board of education shall hold an advertised public forum to present a plan to improve school nutrition and physical activities in the school district.
  6. Each school district shall compile a summary of findings and recommendations and submit the summary to the Kentucky Board of Education.

History. Enact. Acts 2005, ch. 84, § 5, effective June 20, 2005.

Compiler’s Notes.

For provisions regarding National School Breakfast and National School Lunch Programs referenced herein, see 42 USCS § 1773 and 42 USCS §§ 1751 et seq., respectively.

Examination Upon Completion of Core Content Course

158.860. Examination upon completion of core content course.

  1. As used in this section:
    1. “Core course” means any course offered in the middle grades or high school grades that is a specific high school graduation requirement or a course that may be used to fulfill a minimum graduation requirement in the content areas of language arts, mathematics, science, and social studies as specified in administrative regulation promulgated by the Kentucky Board of Education under the provisions of KRS 156.160 ; and
    2. “End-of-course examination” or “end-of-course exam” means a test that measures a student’s knowledge and skills upon completion of a core content course.
  2. The Kentucky Department of Education shall coordinate the development of end-of-course exams.
    1. The development process shall initially include end-of-course exams for Algebra I, Algebra II, and Geometry.
    2. Content teachers in the core courses, postsecondary faculty including subject matter specialists as well as teacher educators, curriculum specialists, and other appropriate practitioners shall be involved in the development and review of items for the exams. Content teachers shall comprise the majority of the developers and reviewers of the test items.
    3. The department shall ensure that each end-of-course exam:
      1. Aligns with the standards, content, goals, and academic expectations relevant to the course;
      2. Requires student demonstration of knowledge, comprehension, application, and higher order cognitive skills;
      3. Provides reliable and valid test items;
      4. Is available to schools in an on-line format if resources are available; and
      5. Provides individual student scores; test item analyses; aggregate comparisons of student data at the school, district, and state levels; and disaggregated data by student subpopulations at the school district and state levels.
    4. The department shall make available a parallel form for each exam.
    5. The initial end-of-course exam developed as required in paragraph (a) of this subsection shall be available and piloted in selected school districts no later than the end of the 2007-2008 school year.
  3. The department may contract for services as deemed necessary to fulfill its duties under this section.
  4. The Kentucky Department of Education shall conduct a study of the end-of-course examinations and the processes used during the pilot of the exams.
    1. Following the initial use of the end-of-course exams in Algebra 1, Algebra II, and Geometry, the department, with assistance from the developers identified in subsection (2)(b) of this section, shall determine whether the exams meet the requirements in subsection (2)(c) of this section. The determination shall be based on an analysis of individual test items, analyses of student results on the exams, pilot teachers’ input, and review of other data gathered during the pilot year.
    2. The department shall consult with the Education Assessment and Accountability Review Subcommittee, the National Technical Advisory Panel on Assessment and Accountability, and the School Curriculum, Assessment, and Accountability Council regarding the implications for statewide implementation and shall advise the Kentucky Board of Education of its findings and recommendations.
    3. Following the consultations and discussions required in paragraphs (a) and (b) of this subsection, the commissioner of education shall report the findings of the pilot project and policy options to the Interim Joint Committee on Education.
  5. End-of-course exams in the pilot period shall not be used as a criterion for formally evaluating or compensating teachers. Student results may be discussed during the formative evaluation stage in compliance with KRS 156.557 .
  6. The department shall develop the test procedures, including testing accommodations for students with special needs, retest provisions, reporting requirements, and other procedures as necessary to implement the provisions of this section.
  7. A teacher shall use a student’s score on any end-of-course exam that is administered in calculating the student’s final grade in accordance with policies of the local board of education and the school-based decision making council.
  8. The commissioner of education or a designee shall provide a written status report regarding implementation of this section to the Interim Joint Committee on Education and the Education Assessment and Accountability Review Subcommittee by December 1, 2007, and July 1, 2008.
  9. The Kentucky Department of Education and local school districts shall use end-of-course exams to promote increased student accountability. The department and local school districts shall also use test results to determine the need for technical assistance, professional development, and other resources to improve instruction.

History. Enact. Acts 2006, ch. 119, § 1, effective July 12, 2006.

Summer Learning Program for Disadvantaged and Low-achieving Children

158.865. Legislative findings — Development of summer learning program encouraged — Purposes of program.

  1. The General Assembly finds that economically advantaged and economically disadvantaged children make similar academic progress during a school year, but that it is during the summer months when disadvantaged students fall behind. It is the intent of the General Assembly to promote a program through which disadvantaged and low-achieving children maintain and improve the reading and mathematics skills they have developed during the school year.
  2. The General Assembly encourages the development of a summer learning program for children from low-income families and children who are behind in grade level work who are entering the second year of the primary program through grade five (5). The summer learning program shall provide summer camps that include a blend of evidenced-based instruction in the core subjects of reading and mathematics plus experiential and enrichment activities in the arts, technology, and sports. The purposes of the summer learning program are to:
    1. Provide learning opportunities that provide for reinforcement of skills learned during the academic year;
    2. Provide convenient access to summer learning for students of low-income families and for low-achieving students;
    3. Provide students with opportunities for development of their interests through enrichment activities;
    4. Utilize existing resources, local community services, and other organizations to build long-term investments in summer programs that benefit from robust partnerships to maintain annual summer learning programs;
    5. Prevent the academic gap between low-income and high-income students from widening during the elementary school years;
    6. Encourage local school districts and schools to use multiple sources of funding to provide comprehensive summer learning opportunities for students;
    7. Promote innovative and effective instructional strategies that motivate students and teachers to learn and teach rather than emphasizing traditional remediation models; and
    8. Provide opportunity for innovative professional development for teachers as part of the program.

History. Enact. Acts 2012, ch. 131, § 1, effective July 12, 2012.

158.866. Definitions for KRS 158.865 to 158.867.

For purposes of KRS 158.865 to 158.867 :

  1. “Attendance area” means the physical boundaries that determine the school that a student is to attend;
  2. “Core academic area” means reading or mathematics;
  3. “Economically disadvantaged student” or “disadvantaged” means a student who meets a school district’s definition for purposes of the federal Elementary and Secondary Education Act, No Child Left Behind, Title I, Part A;
  4. “Enrichment instructor” means an individual considered appropriately qualified by the administrator of the summer learning program with approval by the local superintendent to instruct or facilitate a specific enrichment program, who has completed at least two (2) years of study at an accredited postsecondary education institution, who has complied with KRS 160.380 , who is paid by the local district from funds other than federal Title I funds, and who is supervised by the director or principal of the summer program. A highly qualified teacher may be employed to teach enrichment classes;
  5. “Highly qualified teacher” means a person who holds a Kentucky certificate under KRS 161.030 or 161.048 for the subject or level of instruction he or she is teaching and who demonstrates competency in the core academic subjects taught; and
  6. “Low-achieving Title I student” means a student who performs academically below expected potential as measured by assessments used for Title I identification.

History. Enact. Acts 2012, ch. 131, § 2, effective July 12, 2012.

158.867. Minimum requirements for summer learning camps at schools with certain Title I programs — Mandatory reports — Student participation guidelines — Teacher compensation — Summary annual reports.

  1. Schools that have schoolwide Title I programs or Targeted Assistance Title I programs are encouraged to establish summer learning camps that meet the following minimum requirements:
    1. Three (3) hours of daily innovative instruction in the core academic areas for students eligible for Title I services;
    2. Three (3) hours of planned enrichment activities that are available to students eligible for Title I services as well as to other students. The activities shall be determined by the designated administrators and staff of the summer camp. Enrichment may include music and dance, arts and crafts, sports, technology, and other enrichment activities that are deemed appropriate;
    3. Twenty (20) to twenty-five (25) days of planned programming;
    4. Involvement of community partners in the planning and implementation process through advisory committees and other activities;
    5. An organized marketing and notification process to parents of eligible children;
    6. Employment of highly qualified teachers for the core academic subjects;
    7. Employment of appropriately prepared teachers to conduct the enrichment activities, which may include noncertified teachers;
    8. Documentation that all summer school personnel and volunteers have completed background checks under KRS 160.380 and 161.148 ;
    9. Clearly defined administrative duties and responsibilities for operating the summer learning camp under the authority of the local superintendent and local board of education;
    10. Innovative professional development for the staff with opportunity for piloting and assessing innovative models of instruction;
    11. Provisions for transporting full-day participants residing in the host school’s attendance area and one (1) way transportation for students participating only in the enrichment programs who reside in the host school’s attendance area. Title I funds shall not be used for transporting students to and from school;
    12. Adherence to the same health, safety, civil rights, and disability requirements as are applied to public schools during the regular academic year; and
    13. Evaluation procedures.
  2. Prior to the commencement of the camps, a local district offering one (1) or more summer learning camps shall report to the Kentucky Department of Education its intention, the projected membership for the camps, and the estimated number of students that will be transported. Within one (1) month following the ending date of the camps, a district shall file a membership and transportation report to receive its allotment for state supplemental funding and transportation pursuant to KRS 157.077 . The department shall specify the procedures for reporting.
  3. The department shall provide technical assistance upon request by a local school or school district in developing summer learning camps, except the department shall not impose additional curriculum requirements beyond what is provided in this section.
  4. Local districts may contract with private providers to offer the enrichment programs.
  5. Student participation in summer camps shall be permitted as follows:
    1. A summer camp to be conducted in a school that has a schoolwide Title I program shall admit children who have attended the host public school the previous year, subject to space limitations. Children residing outside the school’s attendance area, but within the school district, who attended another schoolwide Title I public school or students who were identified for Title I services in a Targeted Assistance School the previous year may be admitted if space is available. Priority shall be given to children who are the lowest-achieving, most economically disadvantaged, disabled, migrant, homeless, or limited-English proficient;
    2. Two (2) or more schools that have schoolwide Title I programs may establish one (1) summer learning camp and admit children who have attended those schools, subject to space limitations. Priority shall be given to children who are the lowest-achieving, most economically disadvantaged, disabled, migrant, homeless, or limited-English proficient;
    3. A summer learning camp in a school that has a Targeted Assistance Title I program shall admit children who are identified based on the federal requirements in Title I, Part A, Section 1115;
    4. A summer learning camp may admit children who are not identified for Title I services to the enrichment programs in any of the summer camps without charging tuition as long as funds other than Title I funds are used for that purpose on a space-available basis; and
    5. Local districts that do not contain a Title I school may establish summer learning camps as described in this section and compensate highly qualified teachers from available state and local funds.
  6. Compensation for highly qualified teachers who serve Title I-identified students in the core academic areas may be paid from Title I funds or Individuals with Disabilities Education Act funds, if appropriate. Compensation for enrichment instructors may be from extended school services funds, state general fund appropriations designated for summer learning camps, local public funds, private funds, grants, and receipts from fundraising activities.
  7. Compensation for summer learning camp teachers shall be considered extra services, and highly qualified teachers shall make contributions to the Kentucky Teachers’ Retirement System.
  8. Each local school district shall submit a summary annual report for each summer learning camp in the district to the Kentucky Department of Education based on the timelines, processes, and reporting form developed by the department. The report shall include at least the following:
    1. Students’ demographic data, including grade level, gender, economic disadvantage, race, and where applicable, disabilities;
    2. Membership and average daily attendance;
    3. Programs provided;
    4. Description of enrichment activities, including field trips;
    5. Credentials of staff;
    6. Summary of activities to engage parents; and
    7. Summary of partnerships established and description of shared activities.
  9. The department shall annually summarize the reports required in subsection (8) of this section and electronically publish a statewide report, highlighting best practices and success stories. The department shall also provide state academic assessment data disaggregated by those attending summer learning camps.

History. Enact. Acts 2012, ch. 131, § 3, effective July 12, 2012.

Penalties

158.990. Penalties.

  1. Any member of a school board who votes to permit entrance to a school of any child not eligible therefor under the provisions of KRS 158.030 shall be fined not less than five dollars ($5) nor more than fifty dollars ($50).
  2. Any person required to report under KRS 158.155 who fails to report promptly or who refuses to make a report is guilty of a Class A misdemeanor.

History. 4363-7, 4363-8, 4363-11a; Acts 1952, ch. 145, § 2; 1974, ch. 308, § 34; 1978, ch. 21, § 1, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 409, effective July 13, 1990; 1994, ch. 471, § 2, effective July 15, 1994.

Compiler’s Notes.

This section (4363-7, 4363-8, 4363-11a; amend. Acts 1952, ch. 145, § 2; 1974, ch. 308, § 34; 1978, ch. 21, § 1, effective June 17, 1978) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 409, effective July 13, 1990.

Research References and Practice Aids

Kentucky Law Journal.

Lassiter, The McCollum Decision and the Public School, 37 Ky. L.J. 402 (1949).

CHAPTER 159 Compulsory Attendance

159.010. Parent or custodian to send child to school — Age limits for compulsory attendance — Local board of education may adopt policy extending compulsory attendance requirements to age 18 — All local boards to extend age limit upon adoption of policy by 55 percent of school districts — Notification and counseling prior to withdrawal — Encouragement to reenroll after withdrawal.

    1. Except as provided in KRS 159.030 and paragraphs (b) and (c) of this subsection, each parent, guardian, or other person residing in the state and having in custody or charge any child who has entered the primary school program or any child between the ages of six (6) and sixteen (16) shall send the child to a regular public day school for the full term that the public school of the district in which the child resides is in session or to the public school that the board of education of the district makes provision for the child to attend. A child’s age is between six (6) and sixteen (16) when the child has reached his or her sixth birthday and has not passed his or her sixteenth birthday. (1) (a) Except as provided in KRS 159.030 and paragraphs (b) and (c) of this subsection, each parent, guardian, or other person residing in the state and having in custody or charge any child who has entered the primary school program or any child between the ages of six (6) and sixteen (16) shall send the child to a regular public day school for the full term that the public school of the district in which the child resides is in session or to the public school that the board of education of the district makes provision for the child to attend. A child’s age is between six (6) and sixteen (16) when the child has reached his or her sixth birthday and has not passed his or her sixteenth birthday.
      1. Effective with the 2015-2016 school year, a local board of education may, upon the recommendation of the superintendent, adopt a district- wide policy to require, except as provided in KRS 159.030, each parent, guardian, or other person residing in the district and having in custody or charge any child who has entered the primary school program or any child between the ages six (6) and eighteen (18) to send the child to a regular public school for the full term of the district in which the child resides or to the public school that the district makes provisions for the child to attend. (b) 1. Effective with the 2015-2016 school year, a local board of education may, upon the recommendation of the superintendent, adopt a district- wide policy to require, except as provided in KRS 159.030, each parent, guardian, or other person residing in the district and having in custody or charge any child who has entered the primary school program or any child between the ages six (6) and eighteen (18) to send the child to a regular public school for the full term of the district in which the child resides or to the public school that the district makes provisions for the child to attend.
      2. All children residing in the district, except as provided in KRS 159.030, shall be subject to the local board’s compulsory age policy.
      3. A district shall impose the same compulsory age requirement for all students residing in the district, even if the district has entered a contract to permit some students to attend school in another public school district that has not adopted a policy under this paragraph.
      4. A local board of education adopting a policy under this paragraph shall certify to the Kentucky Department of Education that the district has, or will have, programs in place to meet the needs of potential dropouts. Implementation of the policy shall be contingent on notice of approval by the department.
    2. When fifty-five percent (55%) of all local school districts have adopted a policy in accordance with paragraph (b) of this subsection, all local school districts shall be required to adopt the compulsory attendance requirements under paragraph (b) of this subsection. This requirement shall be effective with the school year that occurs four (4) years after the fifty-five percent (55%) threshold is met.
  1. An unmarried child between the ages of sixteen (16) and eighteen (18) who resides in a district that has not adopted a policy under subsection (1)(b) of this section who wishes to terminate his or her public or nonpublic education prior to graduating from high school shall do so only after a conference with the principal or his or her designee, and the principal shall request a conference with the parent, guardian, or other custodian. Written notification of withdrawal must be received from his parent, guardian, or other person residing in the state and having custody or charge of him. The child and the parent, guardian, or other custodian shall be required to attend a one (1) hour counseling session with a school counselor on potential problems of nongraduates.
  2. A child’s age is between sixteen (16) and eighteen (18) when the child has reached his sixteenth birthday and has not passed his eighteenth birthday. Written permission for withdrawal shall not be required after the child’s eighteenth birthday. Every child who is a resident in this state is subject to the laws relating to compulsory attendance, including the compulsory attendance requirements of a school district under subsection (1)(b) of this section. Neither the child nor the person in charge of the child shall be excused from the operation of those laws or the penalties under them on the ground that the child’s residence is seasonable or that his or her parent is a resident of another state.
  3. Each school district shall contact each student between the ages of sixteen (16) and eighteen (18) who has voluntarily withdrawn from school under subsection (2) of this section within three (3) months of the date of withdrawal to encourage the student to reenroll in a regular program, alternative program, or High School Equivalency Diploma program. In the event the student does not reenroll at that time, the school district shall make at least one (1) more attempt to reenroll the student before the beginning of the school year following the school year in which the student terminated his or her enrollment.

HISTORY: 4434-1, 4434-18; amend. Acts 1978, ch. 136, § 3, effective July 1, 1979; 1984, ch. 74, § 1, effective July 13, 1984; 1985 (1st Ex. Sess.), ch. 10, § 42, effective October 18, 1985; 1988, ch. 312, § 1, effective July 15, 1988; 1990, ch. 476, Pt. I, § 29, effective July 13, 1990; 1998, ch. 611, § 1, effective July 15, 1998; 2000, ch. 452, § 5, effective July 14, 2000; 2013, ch. 11, § 1, effective June 25, 2013; 2017 ch. 63, § 16, effective June 29, 2017.

NOTES TO DECISIONS

  1. Compulsory Attendance.
  2. — Exemption.
  3. Removal of Superintendent.
  4. Purpose of Schools.
  5. Attendance in District in Which Child Resides.
1. Compulsory Attendance.

This section requiring compulsory attendance at school does not make members of board of education insurers of child’s safety and well-being while attending school. Wood v. Board of Education, 412 S.W.2d 877, 1967 Ky. LEXIS 445 ( Ky. 1967 ).

Jury verdict against school administrator on malicious prosecution claim reversed even though there was a lack of probable cause for the sexual misconduct charges brought against father, because the charges were brought by the county attorney’s office rather than the county school administrator, and the administrator did not allege in his criminal complaint that the father had induced his daughter to engage in sexual activity, merely that the father had failed to send the child to school. Collins v. Williams, 10 S.W.3d 493, 1999 Ky. App. LEXIS 94 (Ky. Ct. App. 1999).

2. — Exemption.
Section 159.030 does not have the effect of exempting from compulsory attendance under this section those pupils who are enrolled in private, sectarian or parochial schools; it merely exempts them from attending the common schools. Nichols v. Henry, 301 Ky. 434, 191 S.W.2d 930, 1945 Ky. LEXIS 746 (Ky. 1945).
3. Removal of Superintendent.

Evidence that county superintendent of schools disregarded teachers’ and directors of pupil personnel’s duties to enforce the compulsory school law assisted in sustaining county board of education’s action in removing him from office. Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

4. Purpose of Schools.

If the Legislature wishes to monitor the work of private and parochial schools in accomplishing the constitutional purpose of compulsory education, it may do so by an appropriate standardized achievement testing program, and if the results show that one or more private or parochial schools have failed to reasonably accomplish the constitutional purpose, the Commonwealth may then withdraw approval and seek to close them for they no longer fulfill the purpose of “schools.” Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

5. Attendance in District in Which Child Resides.

Circuit court erred in overruling a father's objections and in confirming and adopting a recommendation of the Domestic Relations Commissioner that the parties' minor child be enrolled in the school district where the mother resided because the child was statutorily required to attend school in the district in which she resided after the parents—who had joint custody—had reached an agreement on the critical issue. Keeton v. Keith, 511 S.W.3d 918, 2017 Ky. App. LEXIS 16 (Ky. Ct. App. 2017).

Cited:

Jones v. Board of Education, 470 S.W.2d 829, 1971 Ky. LEXIS 283 ( Ky. 1971 ), cert. denied, 405 U.S. 975, 92 S. Ct. 1196, 31 L. Ed. 2d 249, 1972 U.S. LEXIS 3406 (1972).

Opinions of Attorney General.

The marriage of a child under the age of 16 years emancipates said child from the provisions of this section for the reason that the marriage gives rise to a new relation inconsistent with the concept of subjection to the control and care of the parent. OAG 61-953 .

Parents of Negro children who presented their children for admission to two (2) schools located in South Frankfort which were within five blocks of their homes but to which only first grade Negro children had been admitted, who, despite the fact that there was unused classroom space for about 75 or 90 pupils, were refused admission and directed to an all-Negro school located in North Frankfort, about one and one-half (11/2) miles from their homes and in poor physical condition, could not be prosecuted under this section upon their failure or refusal to comply, since parents can only be required to send their children to a school that meets constitutional standards. OAG 62-855 .

If, when a child becomes 7 years of age he cannot attend school in compliance with this section because his parents refuse to have the smallpox immunization required by KRS 214.050 (repealed), the parents of the child would be subject to prosecution for failure to comply with the compulsory attendance laws. OAG 63-662 .

A county board of education has legal authority to refuse the admission of nonresident children to its schools, but the board would be prohibited from arbitrarily extending school attendance privilege to some nonresident children while denying the same privilege to others. OAG 66-550 .

A child living with its guardian within the county school district would be “residing” in the district within the meaning of the statutes and would be eligible to attend the county schools without the payment of tuition. OAG 66-550 .

Children aged 14 and 15 who are resident enrollees of a job corps center situated in Kentucky would be subject to the provisions of this section and in order to be excused from compulsory school attendance must come within one (1) of the exceptions contained in KRS 159.030 . OAG 68-137 .

The State Superintendent of Education’s statement in an official publication that a pupil boycott gained nothing and lost money for the school system was a statement of policy and the publication of such statement was not an improper use of taxpayer’s money. OAG 69-529 .

A board of education could accept pupils of all school employees without tuition payment regardless of where they live as long as the board complies with the requirements of KRS 159.240 to 159.260 (KRS 159.240 and 159.260 now repealed) and with foundation program provisions of KRS Chapter 157. OAG 72-154 .

Under this section a parent residing in one (1) school district who desires to send his children to school in another district out of personal preference may not require the school district in which he is a resident to pay tuition charges for the children sent to a school in another district. OAG 72-271 .

It is not the district in which taxes are paid but the district in which children reside with their parents or guardian that determines where the children may attend the public schools without the payment of tuition. OAG 72-593 .

Although a board of education does not have to accept nonresident students on a tuition basis, if it decides to do so it must charge all pupils at the same rate which is not based upon a varying scale that is determined upon some extraneous factor such as the assessed value of a person’s residential property. OAG 73-837 .

A true dual enrollment whereby pupils attend a public school part time and a private school part time is legally permissible. OAG 74-331 .

A child who is unable to sit still in school or remain in the classroom because of an emotional problem is eligible to be excused from public school and may be taught by a teacher coming to his home but it would be reasonable for the attendance officer to require a medical report on the child each year until he is able regularly to attend school. OAG 74-633 .

The boards of education of high school districts within a county may require that students transferring to another school without changing residence complete that school year in the school transferred to without further transferring. OAG 75-602 .

The compulsory attendance laws only apply to children between the ages of seven (7) and 16. OAG 76-566 . (Decision prior to 1978 amendment).

Since KRS 159.990(1) refers only to actions against adults failing to comply with KRS 159.010 to 159.170 and not to juveniles charged under KRS 159.150 , KRS 159.990(1) is not applicable in a juvenile proceeding for habitual truancy under KRS 208.020(1)(c) (now repealed). OAG 76-607 .

If a parent or legal guardian of a child enrolls that child in a private or parochial day school that has not been approved by the State Board of Education, the parent or legal guardian is not fulfilling his obligation mandated by this section. OAG 77-514 .

In keeping with the legislative intent of being as all encompassing as possible, the terms “other person” and “custody or charge” cover everyone from the adult having legal custody of a child to one having mere custody or control. OAG 78-64 .

The only exemptions authorized by statute to the compulsory attendance provisions set forth in this section are those spelled out in KRS 159.030 , and mode of transportation to school is not included. OAG 78-392 .

The lead-in phrase of KRS 158.030 , which reads “Notwithstanding any statute to the contrary,” cannot be construed, by implication, to have lowered the compulsory attendance age range to five (5). OAG 85-55 .

Existing legislation does not require nonpublic schools in Kentucky to have kindergartens. OAG 85-55 .

Where a child attends a nonpublic school kindergarten, so long as the child will be six (6) years old by October 1, the child would be eligible and entitled to enroll in the first grade in a public common school district. If the child would not be six (6) years old until after October 1, the child would be eligible to enroll only in a public school’s kindergarten program rather than first grade, even though he has already been in kindergarten in a nonpublic school. OAG 85-55 .

A child who is six (6) years old before October 1, but who has not attended any kindergarten, would have to be enrolled, as far as the public common schools are concerned, in a kindergarten program rather than a public school first grade. OAG 85-55 .

Where a child attends no kindergarten program, either public or nonpublic, before July 1, 1986, but upon attaining six (6) years of age he enrolls in a nonpublic school first grade, and such child subsequently is presented for enrollment in a public common school for the second or a subsequent grade, the child would be entitled to so enroll subject to the usual application of the provisions of KRS 158.140 . OAG 85-55 .

A married child under the age of 16 has a legal responsibility to attend school, but once a child marries, the parent or guardian no longer has a legal obligation to ensure that the child attends school; however, if the spouse of a minor who is under the age of 16 and who is an habitual truant, is found to be a person exercising custodial control or supervision as defined in subdivision (26) (now subdivision (43)) of KRS 600.020 , the spouse may be subject to penalties under the Juvenile Code. OAG 87-40 .

A parent, guardian, or other custodian may be subject to the penalties found in KRS 159.990 for failure to comply with subsection (2) of this section, which requires 60 days’ written notice and counseling prior to an unmarried child between the ages of 16 and 18 withdrawing from school. OAG 87-40 , modifying OAG 64-312 to extent inconsistent.

It is clear from the language of KRS 600.020(24) (now (28)) and KRS 610.010(1)(c) (now (2)(b)) that a student under the age of 18 years who is failing to attend school in violation of this section is subject to a delinquency prosecution in accordance with the Juvenile Code. OAG 90-106 .

This section requires that all students under the age of 18 years attend school and requires that a student over the age of 16 years and under the age of 18 years may withdraw only after the written notification and school conference, the obvious purpose of the statute being to deter students from leaving high school before graduation. OAG 90-106 .

Research References and Practice Aids

Cross-References.

Certificate of immunization required, KRS 158.035 .

When minor under 16 may be employed during school hours, KRS 339.230 .

Kentucky Law Journal.

Taylor, With Temperate Rod: Maintaining Academic Order in Secondary Schools, 58 Ky. L.J. 616 (1970).

Walters, The Constitutional Duty of Teachers to Protect Students: Employing the “Sufficient Custody” Test, 83 Ky. L.J. 229 (1994-95).

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context Parent and Child, § 256.00.

Caldwell’s Kentucky Form Book, 5th Ed., Notification of Withdrawal from School, Form 256.08.

Petrilli, Kentucky Family Law, Juvenile Court, § 32.31.

Petrilli, Kentucky Family Law, Forms, Family Offenses, Information against parent for failure to send children to school, Form 4.7.

159.020. Transferring child from one district to another.

Any parent, guardian, or other person having in custody or charge any child who has entered the primary school program and is subject to compulsory attendance under KRS 159.010 who removes the child from a school district during the school term shall enroll the child in a regular public day school in the district to which the child is moved, and the child shall attend school in the district to which the child is moved for the full term provided by that district.

History. 4434-2; amend. Acts 1984, ch. 367, § 7, effective July 13, 1984; 1988, ch. 312, § 2, effective July 15, 1988; 1990, ch. 476, Pt. I, § 30, effective July 13, 1990; 2013, ch. 11, § 2, effective June 25, 2013.

159.030. Exemptions from compulsory attendance.

  1. The board of education of the district in which the child resides shall exempt from the requirement of attendance upon a regular public day school every child of compulsory school age:
    1. Who is a graduate from an accredited or an approved four (4) year high school; or
    2. Who is enrolled and in regular attendance in a private, parochial, or church regular day school. It shall be the duty of each private, parochial, or church regular day school to notify the local board of education of those students in attendance at the school. If a school declines, for any reason, to notify the local board of education of those students in attendance, it shall so notify each student’s parent or legal guardian in writing, and it shall then be the duty of the parent or legal guardian to give proper notice to the local board of education; or
    3. Who is less than seven (7) years old and is enrolled and in regular attendance in a private kindergarten-nursery school; or
    4. Whose physical or mental condition prevents or renders inadvisable attendance at school; or
    5. Who is enrolled and in regular attendance in private, parochial, or church school programs for exceptional children; or
    6. Who is enrolled and in regular attendance in a state-supported program for exceptional children;
    7. For purposes of this section, “church school” shall mean a school operated as a ministry of a local church, group of churches, denomination, or association of churches on a nonprofit basis.
    1. Before granting an exemption under subsection (1)(d) of this section, the board of education of the district in which the child resides shall require submission to the board of satisfactory evidence in the form of a signed statement of a properly licensed physician, advanced practice registered nurse, physician’s assistant, psychologist, or psychiatrist responsible for diagnosing and treating the child, stating that the diagnosed condition of the child prevents or renders inadvisable attendance at school and requires home or hospital instruction. If the condition is mental health related, then the signed statement shall be completed by a licensed physician, psychiatrist, psychologist, or physician’s assistant described in KRS 202A.011 or an advanced practice registered nurse defined in KRS 314.011 and certified in psychiatric-mental health nursing. On the basis of such evidence, the local board of education may exempt the child from compulsory attendance. (2) (a) Before granting an exemption under subsection (1)(d) of this section, the board of education of the district in which the child resides shall require submission to the board of satisfactory evidence in the form of a signed statement of a properly licensed physician, advanced practice registered nurse, physician’s assistant, psychologist, or psychiatrist responsible for diagnosing and treating the child, stating that the diagnosed condition of the child prevents or renders inadvisable attendance at school and requires home or hospital instruction. If the condition is mental health related, then the signed statement shall be completed by a licensed physician, psychiatrist, psychologist, or physician’s assistant described in KRS 202A.011 or an advanced practice registered nurse defined in KRS 314.011 and certified in psychiatric-mental health nursing. On the basis of such evidence, the local board of education may exempt the child from compulsory attendance.
    2. Any child who is excused from school attendance more than six (6) months shall have two (2) signed statements from a combination of two (2) of the professional persons in accordance with paragraph (a) of this subsection, except that this requirement shall not apply to a child whose signed statement certifies that the student has a chronic physical condition that prevents or renders inadvisable attendance at school and is unlikely to substantially improve within one (1) year.
    3. Exemptions of any student under the provisions of subsection (1)(d) of this section shall be reviewed annually with the evidence required being updated.
  2. The Kentucky Board of Education may promulgate administrative regulations to establish the components of compulsory attendance and exemptions.

History. 4434-3; amend. Acts 1948, ch. 107, § 27; 1974, ch. 75, § 1; 1978, ch. 136, § 4, effective July 1, 1979; 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 286, § 8, effective July 15, 1980; 1984, ch. 111, § 91, effective July 13, 1984; 1984, ch. 297, § 3, effective July 13, 1984; 1990, ch. 476, Pt. IV, § 216, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 173, § 1, effective July 15, 1998; 2000, ch. 451, § 1, effective July 14, 2000; 2004, ch. 46, § 1, effective July 13, 2004; 2010, ch. 85, § 30, effective July 15, 2010; 2020 ch. 104, § 2, effective July 15, 2020.

NOTES TO DECISIONS

  1. Attendance at Private or Parochial School.
  2. Transportation.
  3. Nonpublic Schools.
  4. — Closing.
  5. — Teachers.
  6. — Right to Attend.
1. Attendance at Private or Parochial School.

This section does not have the effect of exempting from compulsory attendance laws those pupils who are enrolled in private, sectarian or parochial schools; it merely exempts them from attending the common schools. Nichols v. Henry, 301 Ky. 434 , 191 S.W.2d 930, 1945 Ky. LEXIS 746 ( Ky. 1945 ).

2. Transportation.

KRS 158.115 providing that county may provide transportation out of general funds applies to children attending private, sectarian or parochial schools in compliance with the compulsory school attendance laws. Nichols v. Henry, 301 Ky. 434 , 191 S.W.2d 930, 1945 Ky. LEXIS 746 ( Ky. 1945 ).

3. Nonpublic Schools.
4. — Closing.

If the Legislature wishes to monitor the work of private and parochial schools in accomplishing the constitutional purpose of compulsory education, it may do so by an appropriate standardized achievement testing program, and if the results show that one (1) or more private or parochial schools have failed to reasonably accomplish the constitutional purpose, the Commonwealth may then withdraw approval and seek to close them for they no longer fulfill the purpose of “schools.” Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

5. — Teachers.

It cannot be said as an absolute that a teacher in a nonpublic school who is not certified under KRS 161.030(2) will be unable to instruct children to become intelligent citizens; certainly, the receipt of “a bachelor’s degree from a standard college or university” is an indicator of the level of achievement, but it is not a sine qua non the absence of which establishes that private and parochial school teachers are unable to teach their students to intelligently exercise the elective franchise. Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

6. — Right to Attend.

While the state has an interest in the education of its citizens which could be furthered through compulsory education, the rights of conscience of those who desire education of their children in private and parochial schools should be protected. Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

Cited:

Fannin v. Williams, 655 S.W.2d 480, 1983 Ky. LEXIS 290 ( Ky. 1983 ).

Opinions of Attorney General.

A child who is unable to sit still in school or remain in the classroom because of an emotional problem is eligible to be excused from public school and may be taught by a teacher coming to his home, but it would be reasonable for the attendance officer to require a medical report on the child each year until he is able regularly to attend school. OAG 74-633 .

Pursuant to KRS 157.270 , a local board of education is required to provide home training for exceptional children but an institutional home for exceptional children cannot, under KRS 157.230 , legally require a school district to establish and maintain special education classes for its inmates. OAG 74-681 .

Exceptional children who are residents of a private nonsectarian institution are entitled to attend the public schools in the county in which the institution is located free of charge if they are physically and mentally able and qualified to be educated in regular classes. OAG 74-681 .

Exceptional children who are residents of a private nonsectarian institution may be instructed in the institution, either in a leased or donated room, by a public school teacher. OAG 74-681 .

If a parent or legal guardian of a child enrolls that child in a private or parochial day school that has not been approved by the state board of education, the parent or legal guardian is not fulfilling his obligation mandated by KRS 159.010 . OAG 77-514 .

The only exemptions authorized by statute to the compulsory attendance provisions set forth in KRS 159.010 are those spelled out in this section, and mode of transportation to school is not included. OAG 78-392 .

Although there is no delineated exemption under this section, a married student, even though under the age of 16 years, may not be required to attend school, since requiring attendance ignores the hard facts of reality and is in conflict with the concept that marriage is a domestic relation which is highly favored by law. OAG 81-73 .

An unmarried girl under the age of 16, who has given birth to a child and is mothering that child, is not required to attend school, even though there is no delineated exemption under this section; however, if the girl finds it necessary to remain out of school for several years, she is entitled to attend school later, up until she has received 12 years education or reached the age of 21, under KRS 158.100 . OAG 81-73 .

Prior to childbirth, an unmarried pregnant girl under the age of 16 years is required to go to school unless she can meet one (1) of the exemptions under this section. OAG 81-73 .

Existing legislation does not require nonpublic schools in Kentucky to have kindergartens. OAG 85-55 .

Where a child attends a nonpublic school kindergarten, so long as the child will be six (6) years old by October 1, the child would be eligible and entitled to enroll in the first grade in a public common school district. If the child would not be six (6) years old until after October 1, the child would be eligible to enroll only in a public school’s kindergarten program rather than first grade, even though he has already been in kindergarten in a nonpublic school. OAG 85-55 .

A child who is six (6) years old before October 1, but who has not attended any kindergarten, would have to be enrolled, as far as the public common schools are concerned, in a kindergarten program rather than a public school first grade. OAG 85-55 .

Where a child attends no kindergarten program, either public or nonpublic, before July 1, 1986, but upon attaining six (6) years of age he enrolls in a nonpublic school first grade, and such child subsequently is presented for enrollment in a public common school for the second or a subsequent grade, the child would be entitled to so enroll subject to the usual application of the provisions of KRS 158.140 . OAG 85-55 .

A married child under the age of 16 has a legal responsibility to attend school, but once a child marries, the parent or guardian no longer has a legal obligation to ensure that the child attends school; however, if the spouse of a minor who is under the age of 16 and who is an habitual truant, is found to be a person exercising custodial control or supervision as defined in subdivision (26) (now subdivision (43)) of KRS 600.020 , the spouse may be subject to penalties under the Juvenile Code. OAG 87-40 .

The decision to refuse to enroll a student who is a legal resident of the district, but has been expelled from another district for activities placing the safety and welfare of other students at risk, must be made on a case by case basis. OAG 91-171 .

There is nothing to prevent a second school district from initiating an exemption based on evidence supplied from another district that attendance is unadvisable. OAG 91-171 .

Where the first district finds a child to be unable to attend school based on this section, there is nothing to require the second school district to require the evaluation described under subsection (3) of this section prior to enrollment; nevertheless, the child may qualify for evaluation for special education services under KRS 157.200 through 157.290 . OAG 91-171 .

The opinion issued in OAG 87-40 reversed OAG 81-79 and therefore married children under sixteen (16) years old must attend school. OAG 93-37 .

Research References and Practice Aids

Northern Kentucky Law Review.

Comments, Separation of Church and State: Education and Religion in Kentucky, 6 N. Ky. L. Rev. 125 (1979).

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context Parent and Child, § 256.00.

Petrilli, Kentucky Family Law, Forms, Family Offenses, Information against parent for failure to send children to school, Form 4.7.

159.035. Participation in 4-H activities and ten days of military basic training to be considered attendance — Excused absence for educational enhancement — Appeal of denial of excused absence — Exception for testing periods — Excused absences for deployment and return days of parent or guardian on active duty — Excused absence to visit parent or guardian on R and R.

  1. Notwithstanding the provisions of any other statute, any student in a public school who is enrolled in a properly organized 4-H club shall be considered present at school for all purposes when participating in regularly scheduled 4-H club educational activities, provided, the student is accompanied by or under the supervision of a county extension agent or the designated 4-H club leader for the 4-H club educational activity participated in.
  2. Notwithstanding the provisions of any other statute, any student in a public school shall be considered present for all purposes for up to ten (10) days while attending basic training required by a branch of the United States Armed Forces.
  3. Except as provided in paragraph (e) of this subsection, a public school principal shall give a student an excused absence of up to ten (10) school days to pursue an educational enhancement opportunity determined by the principal to be of significant educational value, including but not limited to participation in an educational foreign exchange program or an intensive instructional, experiential, or performance program in one (1) of the core curriculum subjects of English, science, mathematics, social studies, foreign language, and the arts.
    1. A student receiving an excused absence under this subsection shall have the opportunity to make up school work missed and shall not have his or her class grades adversely affected for lack of class attendance or class participation due to the excused absence.
    2. Educational enhancement opportunities under this subsection shall not include nonacademic extracurricular activities, but may include programs not sponsored by the school district.
    3. If a request for an excused absence to pursue an educational enhancement opportunity is denied by a school principal, a student may appeal the decision to the district superintendent, who shall make a determination whether to uphold or alter the decision of the principal. If a superintendent upholds a principal’s denial, a student may appeal the decision to the local board of education, which shall make a final determination. A principal, superintendent, and local board of education shall make their determinations based on the provisions of this subsection and the district’s school attendance policies adopted in accordance with KRS 158.070 and KRS 159.150 .
    4. A student receiving an excused absence under the provisions of this subsection shall be considered present in school during the excused absence for the purposes of calculating average daily attendance as defined by KRS 157.320 under the Support Education Excellence in Kentucky program.
    5. A student shall not be eligible to receive an excused absence under the provisions of this subsection for an absence during a school’s testing window established for assessments of the state assessment developed under KRS 158.6453 or during a testing period established for the administration of additional district-wide assessments at the school, except if a principal determines that extenuating circumstances make an excused absence to pursue an educational enhancement opportunity appropriate.
    1. If a student’s parent, de facto custodian, or other person with legal custody or control of the student is a member of the United States Armed Forces, including a member of a state National Guard or a Reserve component called to federal active duty, a public school principal shall give the student: (4) (a) If a student’s parent, de facto custodian, or other person with legal custody or control of the student is a member of the United States Armed Forces, including a member of a state National Guard or a Reserve component called to federal active duty, a public school principal shall give the student:
      1. An excused absence for one (1) day when the member is deployed;
      2. An additional excused absence for one (1) day when the service member returns from deployment; and
      3. Excused absences for up to ten (10) days for visitation when the member is stationed out of the country and is granted rest and recuperation leave.
    2. A student receiving an excused absence under this subsection shall have the opportunity to make up school work missed and shall not have his or her class grades adversely affected for lack of class attendance or class participation due to the excused absence.
    3. A student receiving an excused absence under this subsection shall be considered present in school during the excused absence for the purposes of calculating average daily attendance as defined by KRS 157.320 under the Support Education Excellence in Kentucky program.

History. Enact. Acts 1960, ch. 245; 1990, ch. 476, Pt. IV, § 217, effective July 13, 1990; 2004, ch. 87, § 1, effective July 13, 2004; 2006, ch. 252, § 9, effective April 25, 2006; 2009, ch. 18, § 1, effective June 25, 2009; 2009, ch. 101, § 10, effective March 25, 2009; 2016 ch. 47, § 1, effective July 15, 2016; 2016 ch. 128, § 1, effective July 15, 2016.

Legislative Research Commission Notes.

(7/15/2016). This statute was amended by 2016 Ky. Acts chs. 47 and 128 with identical text and have been codified together.

Opinions of Attorney General.

It is impermissible for a teacher incorporating classroom participation as part of the overall academic grade to give a student a lower grade in a course than he earned while in class for failure to participate in class on days when he was absent under a legitimate excused absence. OAG 79-539 .

A school board may not adopt a plan to deduct points from a student’s final grade for each unexcused absence. Despite the board’s stated intent to act in the best interest of the students, the deduction of five (5) points from a pupil’s final grade is a penalty. Such a penalty, in the guise of an incentive to get children to attend school, is not permissible; providing an opportunity for a student to make up the points does not change this conclusion — it is still an impermissible penalty. OAG 96-28 .

A school board’s decision not to differentiate between excused and unexcused absences was fatal to its policy of withholding promotion to the next level from students for failure to make up absences in excess of an approved number of days. OAG 96-28 .

Research References and Practice Aids

Kentucky Bench & Bar.

Quinn, Education Law: Education of Gifted Students in Kentucky. Vol. 72, No. 6, November 2008, Ky. Bench & Bar 25.

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Notification of Withdrawal from School, Form 256.08.

159.040. Attendance at private and parochial schools.

Attendance at private and parochial schools shall be kept by the authorities of such schools in a register provided by the Kentucky Board of Education, and such school authorities shall make attendance and scholarship reports in the same manner as is required by law or by regulation of the Kentucky Board of Education of public school officials. Such schools shall at all times be open to inspection by directors of pupil personnel and officials of the Department of Education.

History. 4434-3; Acts 1966, ch. 89, § 2; 1978, ch. 155, § 82, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 410, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Research References and Practice Aids

Cross-References.

Courses of instruction and term required of private and parochial schools, KRS 158.080 .

159.050. Attendance of blind or deaf children at special schools. [Repealed.]

Compiler’s Notes.

This section (4434-3; amend. Acts 1966, ch. 89, § 3) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

159.051. Loss of license or permit by student for dropping out of school or for academic deficiency.

  1. When a student age sixteen (16) or seventeen (17) drops out of school or is declared to be academically deficient, the school administrator or his designee shall notify the superintendent of schools of the district in which the student is a resident or is enrolled. The reports shall be made at the end of each semester but may be made earlier in the semester for accumulated absences. A student shall be deemed to have dropped out of school when he has nine (9) or more unexcused absences in the preceding semester. Any absences due to suspension shall be unexcused absences. A student shall be deemed to be academically deficient when he has not received passing grades in at least four (4) courses, or the equivalent of four (4) courses, in the preceding semester. The local school board shall adopt a policy to reflect a similar standard for academic deficiency for students in alternative, special education, or part-time programs.
  2. Within ten (10) days after receiving the notification, the superintendent shall report the student’s name and Social Security number to the Transportation Cabinet. As soon as possible thereafter, the cabinet shall notify the student that his operator’s license, intermediate license, permit, or privilege to operate a motor vehicle has been revoked or denied and shall inform the student of his right to a hearing before the District Court of appropriate venue to show cause as to the reasons his license, permit, or privilege should be reinstated. Within fifteen (15) days after this notice is sent, the custodial parent, legal guardian, or next friend of the student may request an ex parte hearing before the District Court. The student shall not be charged District Court filing fees. The notification shall inform the student that he is not required to have legal counsel.
  3. In order for the student to have his license reinstated, the court shall be satisfied that:
    1. The license is needed to meet family obligations or family economic considerations which, if unsatisfied, would create an undue hardship; or
    2. The student is the only licensed driver in the household; or
    3. The student is not considered a dropout or academically deficient pursuant to this section.
  4. A student who has had his license revoked under the provisions of this section may reapply for his driver’s license as early as the end of the semester during which he enrolls in school and successfully completes the educational requirements. A student may also reapply for his driver’s license at the end of a summer school semester which results in the student having passed at least four (4) courses, or the equivalent of four (4) courses, during the successive spring and summer semesters, and the courses meet the educational requirements for graduation. He shall provide proof issued by his school within the preceding sixty (60) days that he is enrolled and is not academically deficient.

If the student satisfies the court, the court shall notify the cabinet to reinstate the student’s license at no cost. The student, if aggrieved by a decision of the court issued pursuant to this section, may appeal the decision within thirty (30) days to the Circuit Court of appropriate venue. A student who is being schooled at home shall be considered to be enrolled in school.

History. Enact. Acts 1990, ch. 234, § 1, effective July 13, 1990; 1994, ch. 503, § 1, effective July 15, 1994; 2007, ch. 36, § 1, effective June 26, 2007.

Legislative Research Commission Note.

(6/26/2007). Under the authority of KRS 7.136(1), the Reviser of Statutes in codification has changed the internal numbering system of subsection (3) of this statute. The words in the text were not changed.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Construction With Other Law.
  3. Application.
1. Constitutionality.

The “No Pass-No Drive” law, operating to suspend 16 or 17 year olds’ licenses for dropping out or deficient academics, is constitutional since it rationally relates to its objective, provides for sufficient judicial review (limited to clerical errors), and violates neither Equal Protection nor Procedural Due Process (since the interest is a legitimately regulated privilege, not a fundamental right). Codell v. D.F., 2001 Ky. App. LEXIS 71 (Ky. Ct. App. June 22, 2001).

There was no rational basis for the geographically-based distinction created by KRS 159.051 between students subject to losing their operator’s licenses under the statute and students precluded from the statute; thus, KRS 159.051 was unconstitutional. D.F. v. Codell, 127 S.W.3d 571, 2003 Ky. LEXIS 262 ( Ky. 2003 ).

Fundament right to an education included the right to the equal opportunity to achieve academic success, but it included no guarantee of success itself, and KRS 159.051 in no way interfered with a student’s fundamental right to an education. However, there was no rational basis for the geographically-based distinction created by KRS 159.051 between students subject to losing their operator’s licenses under the statute and students precluded from the statute; thus, KRS 159.051 was unconstitutional. D.F. v. Codell, 127 S.W.3d 571, 2003 Ky. LEXIS 262 ( Ky. 2003 ).

2. Construction With Other Law.

The Transportation Cabinet is authorized to enforce KRS 159.051 as it relates to KRS 186.440 , 186.450 , and 186.470 , all of which concern persons under the age of 18 who apply for or possess an instruction permit or driver’s license. Codell v. D.F., 2001 Ky. App. LEXIS 71 (Ky. Ct. App. June 22, 2001).

Although KRS 159.051 violates the Family Education Rights and Privacy Act of 1974 (FERPA), that does not strike the “No Pass-No Drive” law from the books, since FERPA does not ban disclosures of education records, but simply directs that funds will not be available to any educational agency which has such a policy; moreover, FERPA concerns only nonconsensual disclosure meaning that once a parent has consented to the disclosure of such information, the policy may be continued without sacrificing the entitlement to federal funds. Codell v. D.F., 2001 Ky. App. LEXIS 71 (Ky. Ct. App. June 22, 2001).

3. Application.

KRS 159.051 provides for disclosure of education information regardless of whether the student has actually applied for an instruction (driver) permit, thereby consenting to the release of the information. Codell v. D.F., 2001 Ky. App. LEXIS 71 (Ky. Ct. App. June 22, 2001).

Opinions of Attorney General.

The requirements of Acts 1990, ch. 234(KRS 186.450 , 186.470 and this section) that applicants for driving permits and operator’s licenses who are under the age of 18 and who have not graduated from high school provide proof that they are currently enrolled or have been enrolled in the prior semester of school may be implemented immediately if it is limited to requiring the applicants to provide this proof based only on whether the applicants have withdrawn from school; requiring the applicants to provide proof of enrollment based on whether the applicants have “dropped out” of school as defined in Section 1(1) of the Act (KRS 159.051 ) should not be implemented immediately, because such immediate implementation would cause the Act to be applied retroactively without statutory authorization. In addition, the Act’s requirement that these applicants provide proof that they are not or have not been found academically deficient should not be implemented immediately, because such immediate implementation would cause the Act to be applied retroactively without statutory authorization; those requirements of the Act which will not be implemented immediately should be implemented at any future date in which the “preceding semester” referred to in the Act will have occurred after July 13, 1990. OAG 90-54 .

159.060. Special schools for handicapped children. [Repealed.]

Compiler’s Notes.

This section (4434-33) was repealed by Acts 1948, ch. 4, § 13.

159.070. Attendance districts — Enrollment permitted in school nearest home.

Each school district shall constitute a separate attendance district unless two (2) or more contiguous school districts, with the approval of the Kentucky Board of Education, unite to form one (1) attendance district. Controversies arising in attendance districts relating to attendance matters shall be submitted to the Kentucky Board of Education for settlement. In case an agreement suitable to all parties cannot be reached, the Kentucky Board of Education may dissolve a united district. In case of dissolution, each school district involved may unite with other contiguous school districts in forming a united attendance district or may act as a separate attendance district. Within the appropriate school district attendance area, parents or legal guardians shall be permitted to enroll their children in the public school nearest their home.

History. 4434-5, 4436-6; amend. Acts 1976, ch. 79, § 1, effective March 29, 1976; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 218, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

  1. Application to Jefferson County.
  2. “Enrollment”.
1. Application to Jefferson County.

The last sentence of this section violates the Fourteenth Amendment insofar as it applies to Jefferson County, in that it would operate to frustrate the mandates of the Sixth Circuit to eradicate state-imposed segregation in the Jefferson County school system. Newburg Area Council, Inc. v. Board of Education, 583 F.2d 827, 1978 U.S. App. LEXIS 9562 (6th Cir. Ky. 1978 ).

2. “Enrollment”.

School district had to allow students to attend the school nearest home, not merely to register at the school nearest home, because “enroll in,” as used in KRS 159.070 , means to become a student at the school. Fell v. Jefferson County Bd. of Educ., 2011 Ky. App. LEXIS 176 (Ky. Ct. App. Sept. 30, 2011), rev'd, 391 S.W.3d 713, 2012 Ky. LEXIS 148 ( Ky. 2012 ).

KRS 159.070 does not grant a statutory right for schoolchildren to attend the school nearest their home; the assignment of pupils to schools within a school district is a matter the Kentucky General Assembly has committed to the sound discretion of the local school board. Jefferson County Bd. of Educ. v. Fell, 391 S.W.3d 713, 2012 Ky. LEXIS 148 ( Ky. 2012 ).

Parents’ suit against a board of education, claiming their children were denied their right under KRS 159.070 to attend the public school nearest their home, was properly dismissed because KRS 159.070 conferred no such right; the assignment of pupils to schools within a school district was a matter within the sound discretion of the local school board. Jefferson County Bd. of Educ. v. Fell, 391 S.W.3d 713, 2012 Ky. LEXIS 148 ( Ky. 2012 ).

159.075. Pre-enrollment and preadmission of child whose parent or guardian is transferred to military installation or is returning to the state after being separated from the military.

  1. A child of a military family may pre-enroll or participate in preadmission in a school district if the parent or guardian of the child:
    1. Is transferred to or is pending transfer to a military installation or to a reserve component within the state while on active military duty pursuant to an official military order; or
    2. Is returning to the state within one (1) year of being separated from the military with an honorable discharge, discharge under honorable conditions, or a general discharge under honorable conditions.
  2. A school district shall accept an application for enrollment and course registration by electronic means for a child who meets the requirements set forth in subsection (1) of this section, including enrollment in a specific school or program within the school district.
  3. The parent or guardian of a child who meets the requirements set forth in subsection (1) of this section shall provide proof of residence to the school district within ten (10) days after the arrival date provided on official documentation. The parent or guardian may use, as proof of residence, the address of:
    1. A temporary on-post billeting facility;
    2. A purchased or leased home or apartment;
    3. Any federal government housing or off-post military housing, including off-post military housing that may be provided through a public-private venture; or
    4. A home under contract to be built.
  4. A child who utilizes this section shall not, until actual attendance or enrollment in the school district:
    1. Count for the purposes of average daily attendance as defined in KRS 157.320 or 157.350 ; or
    2. Be included in the state assessment and system pursuant to KRS 158.6453 or 158.6455 .
  5. To accommodate for temporary housing, if a child utilizes this section to enroll in a district, but the residence identified in subsection (3) of this section has not yet become available, then the district shall allow the child to enroll and begin attending the district regardless of the child’s temporary residence and subsequently be included in the district’s calculation of average daily attendance under KRS 157.320 , for a period of up to one (1) year from the parent’s or guardian’s reporting-for-duty date or separation date before being considered a resident of another district.

HISTORY: 2019 ch. 163, § 1, effective June 27, 2019; 2020 ch. 28, § 1, effective July 15, 2020.

159.080. Director of pupil personnel and assistants.

  1. Each superintendent of a local school district shall appoint a director of pupil personnel and assistants as are deemed necessary. Salaries of directors and assistants shall be fixed by the board of education.
  2. Directors of pupil personnel shall have the general qualifications of teachers and, in addition, shall hold a valid certificate issued in accordance with the administrative regulations of the Education Professional Standards Board. Certificates valid on January 1, 1956, for attendance officer shall hereafter be valid for the positions of director of pupil personnel. Certificates shall be reissued or renewed in accordance with the terms of the administrative regulations of the Education Professional Standards Board in effect at the time of application for reissuance or renewal.
  3. Directors of pupil personnel and assistants shall be allowed their necessary and authorized expenses incurred in the performance of their duties. Each board shall bear the expense of its directors of pupil personnel and assistants incurred in its district.
  4. The office of the superintendent of schools shall be the office of the director of pupil personnel and suitable space shall be provided therein or adjacent thereto for him or her.

History. 4434-6; amend. Acts 1956, ch. 237, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 219, effective July 13, 1990; 1992, ch. 42, § 2, effective July 14, 1992; 1996, ch. 343, § 2, effective July 15, 1996; 2006, ch. 130, § 1, effective July 12, 2006.

NOTES TO DECISIONS

  1. Appointment.
  2. Rejection of Nominee.
1. Appointment.

This section is mandatory, and the board must appoint the director of pupil personnel recommended by the superintendent, unless the recommendee does not possess the statutory qualifications, is morally or educationally unfit, or some other valid reason for rejection is shown. Bernard v. Sims, 279 Ky. 565 , 131 S.W.2d 505, 1939 Ky. LEXIS 321 ( Ky. 1939 ).

2. Rejection of Nominee.

This section contemplates that director of pupil personnel shall be appointed before July 1, but where recommendation was made before July 1, and board illegally rejected nominee, the nomination remained before the board and the nominee should be appointed, in the absence of valid reasons for rejecting him, at a subsequent meeting. Bernard v. Sims, 279 Ky. 565 , 131 S.W.2d 505, 1939 Ky. LEXIS 321 ( Ky. 1939 ).

If original nominee is validly rejected, superintendent may nominate another qualified person. Bernard v. Sims, 279 Ky. 565 , 131 S.W.2d 505, 1939 Ky. LEXIS 321 ( Ky. 1939 ).

Cited:

Bernard v. Humble, 298 Ky. 74 , 182 S.W.2d 24, 1944 Ky. LEXIS 842 ( Ky. 1944 ).

Opinions of Attorney General.

A person may not serve as director of pupil personnel of a county school district, a state office, and county judge (now county judge/executive) pro tem, a county office, as the two offices are incompatible under KRS 61.080 . OAG 74-382 .

The mere fact that the legislature has enacted KRS 159.080 to 159.140 does not automatically preempt the Lexington-Fayette Urban County Government from enacting local legislation, which would allow the police to stop youths who are off school property during school hours and return to their schools those who do not have a legitimate excuse for their absence; however, such activity by the police would be in direct contravention with KRS 630.030 of the state juvenile code, thus would be deemed invalid. OAG 95-36 .

Research References and Practice Aids

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context Parent and Child, § 256.00.

159.090. Directors of pupil personnel for united districts.

Two (2) or more contiguous school districts may unite to form one (1) attendance district and the superintendent of schools of the districts shall appoint directors of pupil personnel as are necessary. The salary of directors of pupil personnel in united districts shall be borne by the employing boards in the proportion that the average daily attendance of each district bears to the total average daily attendance of the united district.

History. 4434-6; Acts 1956, ch. 237, § 2; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 411, effective July 13, 1990; 1992, ch. 42, § 3, effective July 14, 1992.

Compiler’s Notes.

This section (4434-6; amend. Acts 1956, ch. 237, § 2) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 411, effective July 13, 1990.

159.100. Qualifications of attendance officers. [Repealed.]

Compiler’s Notes.

This section (4434-6) was repealed by Acts 1956, ch. 237, § 3.

159.110. Expenses of directors of pupil personnel. [Repealed.]

Compiler’s Notes.

This section (4434-6; amend. Acts 1956, ch. 237, § 4) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

159.120. Office quarters of directors of pupil personnel. [Repealed.]

Compiler’s Notes.

This section (4434-7; amend. Acts 1956, ch. 237, § 4) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

159.130. Powers of directors of pupil personnel.

The director of pupil personnel and his assistants shall be vested with the powers of peace officers, provided, however, that they shall not have the authority to serve warrants. They may investigate in their district any case of nonattendance at school of any child of compulsory school age or suspected of being of that age. They may take such action in accordance with law as the superintendent directs. They may under the direction of the superintendent of schools and the board of education or the Kentucky Board of Education, institute proceedings against any person violating any provisions of the laws relating to compulsory attendance and the employment of children. They may enter all places where children are employed and do whatever is necessary to enforce the laws relating to compulsory attendance and employment of children of compulsory school age. No person shall refuse to permit or in any way interfere with the entrance therein of a director of pupil personnel or in any way interfere with any investigation therein.

History. 4434-12, 4434-13; Acts 1946, ch. 30; 1956, ch. 237, § 5; 1978, ch. 155, § 82, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 412, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

This section (4434-12, 4434-13; amend. Acts 1946, ch. 30; 1956, ch. 237, § 5; 1978, ch. 155, § 82, effective June 17, 1978) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 412, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

Opinions of Attorney General.

Where a child between the ages of seven (7) and 16 is enrolled in a day school not approved by the State Board of Education, the board of education, through its director of pupil personnel, shall conduct an investigation as to why a child of compulsory school age is not attending public school and report to the school board and, under the direction from either the superintendent of schools or the local board of education or the state board of education, institute the appropriate legal proceedings against anyone found violating the compulsory attendance laws. OAG 77-514 .

Research References and Practice Aids

Cross-References.

Child labor, KRS ch. 339.

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context Parent and Child, § 256.00.

159.140. Duties of director of pupil personnel or assistant.

  1. The director of pupil personnel, or an assistant appointed under KRS 159.080 , shall:
    1. Devote his or her entire time to the duties of the office except as provided in subsection (2) of this section;
    2. Enforce the compulsory attendance and census laws in the attendance district he or she serves;
    3. Acquaint the school with the home conditions of a habitual truant as described in KRS 159.150(3), and the home with the work and advantages of the school;
    4. Ascertain the causes of irregular attendance and truancy, through documented contact with the custodian of the student, and seek the elimination of these causes;
    5. Secure the enrollment in school of all students who should be enrolled and keep all enrolled students in reasonably regular attendance;
    6. Attempt to visit the homes of students who are reported to be in need of books, clothing, or parental care;
    7. Provide for the interviewing of students and the parents of those students who quit school to determine the reasons for the decision. The interviews shall be conducted in a location that is nonthreatening for the students and parents and according to procedures and interview questions established by an administrative regulation promulgated by the Kentucky Board of Education. The questions shall be designed to provide data that can be used for local district and statewide research and decision-making. Data shall be reported annually to the local board of education and the Department of Education;
    8. Report to the superintendent of schools in the district in which the student resides the number and cost of books and school supplies needed by any student whose parent, guardian, or custodian does not have sufficient income to furnish the student with the necessary books and school supplies; and
    9. Keep the records and make the reports that are required by law, by regulation of the Kentucky Board of Education, and by the superintendent and board of education.
  2. A local school district superintendent may waive the requirement that a director of pupil personnel devote his or her entire time to his or her duties. The superintendent shall report the decision to the commissioner of education.
  3. In any action brought to enforce compulsory attendance laws, the director of pupil personnel or an assistant shall document the home conditions of the student and the intervention strategies attempted and may, after consultation with the court-designated worker, refer the case to the family accountability, intervention, and response team.

History. 4434-6, 4434-8 to 4434-10; amend. Acts 1956, ch. 237, § 6; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 220, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 514, § 7, effective July 15, 1998; 2003, ch. 159, § 1, effective March 31, 2003; 2006, ch. 130, § 2, effective July 12, 2006; 2014, ch. 132, § 14, effective July 15, 2014.

NOTES TO DECISIONS

  1. In General.
  2. Construction.
  3. Subject Matter Jurisdiction.
1. In General.

This section is mandatory in providing that the director of personnel spend his full time on his duties. Board of Education v. Miller, 299 S.W.2d 626, 1957 Ky. LEXIS 417 ( Ky. 1957 ).

2. Construction.

Where administrator no longer worked for the Board of Education, the claim that the Board violated this section by assigning her job responsibilities not explicitly enumerated in the statute was rendered moot and the injunctive relief granted by the court in response was vacated. Buntin v. Breathitt County Bd. of Educ., 134 F.3d 796, 1998 FED App. 0025P, 1998 U.S. App. LEXIS 786 (6th Cir. Ky. 1998 ).

3. Subject Matter Jurisdiction.

Court had no subject matter jurisdiction in truancy cases because (1) home conditions were described in required forms as “no visible barriers to attendance,” which was too ambiguous to ascertain what was meant and did not meet a statutory requirement to acquaint students' schools with home conditions, (2) many areas of the form were left blank, and (3) a court's speculative statement that the court “bet” a school had made attempts to assist a student and family as statutorily required before filing a complaint showed the court did not know if the school had done what was necessary to invoke the court's jurisdiction. J.L.C. v. Commonwealth, 491 S.W.3d 519, 2016 Ky. App. LEXIS 41 (Ky. Ct. App. 2016).

Cited:

N.K. v. Commonwealth, 324 S.W.3d 438, 2010 Ky. App. LEXIS 192 (Ky. Ct. App. 2010).

Opinions of Attorney General.

Before the 2003 amendments, although the positions of county director of pupil personnel and city director of pupil personnel were not incompatible as such, they are incompatible in fact because, under prior law, subdivision (1) of this section requires that a director of pupil personnel must devote his entire time to his duties which he could not do in two (2) such positions. OAG 60-1027 .

Before the 2003 amendments, even though the language of this section provides that the director of pupil personnel shall devote his entire time to the duties of his office, such director may be a member of the board of trustees of a public library district. OAG 67-83 .

Where a child between the ages of seven (7) and 16 is enrolled in a day school not approved by the State Board of Education, the board of education through its director of pupil personnel, shall conduct an investigation as to why a child of compulsory school age is not attending public school and report to the school board and, under the direction from either the superintendent of schools or the local board of education or the State Board of Education, institute the appropriate legal proceedings against anyone found violating the compulsory attendance laws. OAG 77-514 .

Before the 2003 amendments, where an entire classroom unit (under KRS 157.360(9)) is involved, the director of pupil personnel must devote his or her entire time to the duties of that office and would not be able to also serve as the director of transportation; however where a proportionate fraction of a unit is involved, the requirement of subdivision (1) of this section would be met by the director of pupil personnel by spending an amount of time in the same proportion to the normal school day that the fraction bears to the unit will constitute devoting the entire time to the duties of the office. OAG 80-389 .

Subdivision (7) (now (1)(h)) of this section and KRS 160.330 may be read in complete harmony with KRS 158.108 . OAG 82-359 .

Research References and Practice Aids

Cross-References.

Board of education to furnish books and supplies for indigent children, KRS 160.330 .

Child labor law, enforcement, KRS 339.450 .

Reports as to disabled children, KRS 157.260 .

159.150. Definitions of truant and habitual truant — Attendance record requirements — Adoption of truancy policies by local school boards — Implementation of early intervention and prevention programs.

  1. Any student who has attained the age of six (6) years, but has not reached his or her eighteenth birthday, who has been absent from school without valid excuse for three (3) or more days, or tardy without valid excuse on three (3) or more days, is a truant.
  2. Any student enrolled in a public school who has attained the age of eighteen (18) years, but has not reached his or her twenty-first birthday, who has been absent from school without valid excuse for three (3) or more days, or tardy without valid excuse on three (3) or more days, is a truant.
  3. Any student who has been reported as a truant two (2) or more times is an habitual truant.
  4. For the purposes of establishing a student’s status as a truant, the student’s attendance record is cumulative for an entire school year. If a student transfers from one (1) Kentucky public school to another during a school year, the receiving school shall incorporate the attendance information provided under KRS 159.170 in the student’s official attendance record.
  5. A local board of education may adopt reasonable policies that:
    1. Require students to comply with compulsory attendance laws;
    2. Require truants and habitual truants to make up unexcused absences;
    3. Impose sanctions for noncompliance; and
    4. Collaborate and cooperate with the Court of Justice, the Department for Community Based Services, the Department of Juvenile Justice, regional community mental health centers, and other service providers to implement and utilize early intervention and prevention programs, such as truancy diversion, truancy boards, mediation, and alternative dispute resolution to reduce referrals to a court-designated worker.

History. 4434-14; Acts 1982, ch. 33, § 1, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 413, effective July 13, 1990; 1998, ch. 611, § 2, effective July 15, 1998; 2005, ch. 172, § 1, effective June 20, 2005; 2007, ch. 122, § 1, effective June 26, 2007; 2014, ch. 132, § 15, effective July 1, 2015.

Opinions of Attorney General.

Even though a child over 16 years of age is truant, the penalties of KRS 159.990 cannot be imposed upon the child’s parent, guardian or custodian. OAG 64-312 .

Since a boycott by pupils is regarded as offending the truancy statutes, statement by State Superintendent of Education in an official publication that a pupil boycott gained nothing and lost money for the school system was a statement of policy and the publication of such statement was not an improper use of taxpayer’s money. OAG 69-529 .

A child is delinquent who, inter alia, is an habitual truant from school pursuant to KRS 208.020 (now repealed) and the punishment for truancy for either the child or his parents is a matter within the discretion of the Juvenile Court. OAG 73-390 .

The determination of what is a “valid excuse” for an absence from school rests in the policy making authority of the local board of education and a child may not be determined a truant if the absence is excused in accordance with guidelines concerning excused versus unexcused absences developed by the local board. OAG 76-566 .

While the two definitions of “habitual truant” in this section and KRS 600.020(24) (now 600.020(28)) cannot be reconciled in terms of their language, it may be possible to reconcile them in their application. KRS 159.140 gives directors of pupil personnel authority to enforce compulsory attendance laws, including this section. Penalties are set forth under KRS 159.990 and are enforced by the District Court. Through exclusive jurisdiction over habitual truants the District Court has discretion in enforcement. The court may either rely on a director of pupil personnel to initiate proceedings for violations of this section, or the court may order a director of pupil personnel to enforce KRS 600.020(24), in which case the director would have authority to apply the definition found therein. OAG 91-79 .

The opinion issued in OAG 87-40 reversed OAG 81-79 and therefore married children under sixteen (16) years old must attend school. OAG 93-37 .

A married female under 16 years of age is a “child” as defined in KRS 600.020 . OAG 93-37 .

KRS 600.020(26) (now 600.020(28)) controls over this section in ascertaining the number of days a child must have unexcused absences prior to being found habitually truant under the Unified Juvenile Code. OAG 93-37 .

A school board’s decision not to differentiate between excused and unexcused absences was fatal to its policy of withholding promotion to the next level from students for failure to make up absences in excess of an approved number of days. OAG 96-28 .

Research References and Practice Aids

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context Parent and Child, § 256.00.

159.160. Attendance reports to superintendent.

The principal or teacher in charge of any public, private, or parochial school shall report to the superintendent of schools of the district in which the school is situated the names, ages, and places of residence of all pupils in attendance at his school, together with any other facts that the superintendent may require to facilitate carrying out the laws relating to compulsory attendance and employment of children. The reports shall be made within two (2) weeks of the beginning of each school year.

History. 4434-15; amend. Acts 1990, ch. 476, Pt. IV, § 221, effective July 13, 1990.

159.170. Withdrawals and transfers — Teachers to investigate and report — Collection and dissemination of student records.

  1. Whenever any child of compulsory school age withdraws from school, the teacher of the child shall ascertain the reason. The fact of the withdrawal and the reason for it shall be immediately transmitted by the teacher to the superintendent of schools of the district in which the school is located. If the child has withdrawn because of change of residence, the next residence shall be ascertained and included in the report.
  2. The Kentucky Department of Education shall ensure that the student information system facilitates the collection of student data and the transfer of education records among schools and local districts.
  3. A school district shall notify the Kentucky Department of Education when a new student enrolls in a school in the district.
  4. The Kentucky Department of Education, upon notification of a student’s enrollment in a school, shall forward within ten (10) working days all records regarding the student collected under this section to the receiving district.

History. 4434-16; Acts 1978, ch. 155, § 82; effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 414, effective July 13, 1990; amend. 1996, ch. 362, § 6, effective July 15, 1996; 2007, ch. 122, § 2, effective June 26, 2007.

Compiler’s Notes.

This section (4434-16; amend. Acts 1978, ch. 155, § 82; effective June 17, 1978) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 414, effective July 13, 1990.

The reference to State Board of Elementary and Secondary Education in this section has been changed to Kentucky Board of Education on authority of Acts 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

Cited:

Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

Research References and Practice Aids

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context Parent and Child, § 256.00.

159.180. Parents responsible for children’s violations.

Every parent, guardian, or custodian of a child residing in any school district in this state is legally responsible for any violation of KRS 159.010 to 159.170 by the child. Before any proceedings are instituted against the parent, guardian, or custodian for violation of KRS 159.010 to 159.170 , a written notice of the violation shall be served on the person by the director of pupil personnel, and one (1) day shall be given for the termination of the violation. After such notice, if the violation is continued or if the provisions of KRS 159.010 to 159.170 are again violated during the school term by the child, no further notice shall be necessary and the parent or guardian shall be punishable as provided in KRS 159.990 . A notice by certified mail, return receipt requested, or by personal service by the director of pupil personnel shall be a legal notice.

History. 4434-17; Acts 1958, ch. 126, § 16; 1966, ch. 89, § 4; 1974, ch. 315, § 16; 1980, ch. 114, § 23, effective July 15, 1980; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 415, effective July 13, 1990.

Compiler’s Notes.

This section (4434-17; amend. Acts 1958, ch. 126, § 16; 1966, ch. 89, § 4; 1974, ch. 315, § 16; 1980, ch. 114, § 23, effective July 15, 1980) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 415, effective July 13, 1990.

Opinions of Attorney General.

Since a boycott by pupils is regarded as offending the truancy statutes statement by State Superintendent of Education in an official publication that a pupil boycott gained nothing and lost money for the school system was a statement of policy and the publication of such statement was not an improper use of taxpayer’s money. OAG 69-529 .

A child is delinquent who, inter alia, is an habitual truant from school pursuant to KRS 208.020 (now repealed) and the punishment for truancy for either the child or his parents is a matter within the discretion of the Juvenile Court. OAG 73-390 .

As Judge of the Juvenile Court, the county judge (now county judge/executive) has exclusive jurisdiction over any child who is found to be an habitual truant as well as all persons, including parents, who contribute to conditions which cause a child to become delinquent and any violation can be punished by a fine or imprisonment or both, or a parent or guardian can be fined for violation of the compulsory attendance law but no statute provides for committing a child to jail for truancy. OAG 73-769 .

Research References and Practice Aids

Cross-References.

Parent and child, KRS ch. 405.

Northern Kentucky Law Review.

Comments, Separation of Church and State: Education and Religion in Kentucky, 6 N. Ky. L. Rev. 125 (1979).

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context Parent and Child, § 256.00.

Caldwell’s Kentucky Form Book, 5th Ed., Notification of Withdrawal from School, Form 256.08.

159.190. Parental or truant schools may be provided in certain districts. [Repealed.]

Compiler’s Notes.

This section (4434-32) was repealed by Acts 1978, ch. 22, § 1, effective June 17, 1978.

159.200. Location of parental or truant schools. [Repealed.]

Compiler’s Notes.

This section (4434-32) was repealed by Acts 1978, ch. 22, § 1, effective June 17, 1978.

159.210. Religious instruction in parental or truant schools. [Repealed.]

Compiler’s Notes.

This section (4434-32) was repealed by Acts 1978, ch. 22, § 1, effective June 17, 1978.

159.220. Probation — Children placed on. [Repealed.]

Compiler’s Notes.

This section (4434-32; amend. 1976 (Ex. Sess.), ch. 14, § 162) was repealed by Acts 1978, ch. 22, § 1, effective June 17, 1978.

159.230. Violation of probation — Effect of. [Repealed.]

Compiler’s Notes.

This section (4434-32; amend. 1976 (Ex. Sess.), ch. 14, § 163) was repealed by Acts 1978, ch. 22, § 1, effective June 17, 1978.

159.240. Continuing school census to be maintained. [Repealed.]

Compiler’s Notes.

This section (4434-25) was repealed by Acts 1990, ch. 476, Part VI, § 616, effective July 13, 1990.

159.250. Nature of census.

The director of pupil personnel of each school district, working under the direction of the superintendent of schools, shall institute and maintain a complete, accurate, permanent, and continuous census of all children between the ages of five (5) and twenty-one (21) enrolled in the public schools in the district. A child’s age is between five (5) and twenty-one (21) when the child has reached his fifth birthday and has not passed the twenty-first birthday. The school census shall specify the name, date of birth, and sex of each child; the name, nationality, and post-office address of each parent, guardian, or custodian of the child; the school district in which the child resides; and the school in which the child is enrolled. The school shall be described by number and name. The census shall contain any other data required by the chief state school officer. Each board of education shall furnish its director of pupil personnel with assistance it deems necessary for the institution and maintenance of the census.

History. 4434-25, 4434-26; amend. Acts 1966, ch. 89, § 5; 1984, ch. 367, § 8, effective July 13, 1984; 1988, ch. 94, § 1, effective July 15, 1988; 1990, ch. 476, Pt. IV, § 222, effective July 13, 1990.

NOTES TO DECISIONS

  1. Use.
  2. Questioning Report.
1. Use.

The pupil census records are superior to teacher’s affidavit in establishing whether individual attended school. Spurlock v. Commonwealth, 350 S.W.2d 472, 1961 Ky. LEXIS 99 ( Ky. 1961 ).

2. Questioning Report.

State superintendent may question in a judicial proceeding the accuracy of census reports. Louisville School Board v. Superintendent of Public Instruction, 102 Ky. 394 , 43 S.W. 718, 19 Ky. L. Rptr. 1350 , 1897 Ky. LEXIS 134 ( Ky. 1897 ). (Decided under former KRS 159.260 , now repealed).

Opinions of Attorney General.

Since the purpose of maintaining public school census records is to serve the interest of the state in enforcing the compulsory attendance law the use of such records to compile a private mailing list is not legally warranted. OAG 75-274 .

The public school census records are public records but are not always open for public inspection since opening them thereto, without the written consent of the parents, might jeopardize a school district’s entitlement to federal funds. OAG 75-274 .

159.260. Report of census to superintendent of public instruction. [Repealed.]

Compiler’s Notes.

This section (4434-27; amend. Acts 1966, ch. 89, § 6; 1978, ch. 155, ch. 82, effective June 17, 1978; 1984, ch. 367, § 9, effective July 13, 1984) was repealed by Acts 1988, ch. 94, § 3, effective July 15, 1988.

159.270. False report of census prohibited.

No director of pupil personnel or other person shall willfully or fraudulently report a larger number of children of school age in any district than the actual number, or otherwise make a false report of the census.

History. 4434-28; amend. Acts 1966, ch. 89, § 7; 1990, ch. 476, Pt. IV, § 223, effective July 13, 1990; 1996, ch. 20, § 3, effective July 15, 1996.

Penalties

159.990. Penalties.

  1. Any parent, guardian, or custodian who intentionally fails to comply with the requirements of KRS 159.010 to 159.170 , except as provided in subsection (5) of this section, shall be fined one hundred dollars ($100) for the first offense, and two hundred fifty dollars ($250) for the second offense. Each subsequent offense shall be classified as a Class B misdemeanor. A new offense shall not be constituted until any previous offense has been finally adjudicated. The court trying the case may suspend enforcement of the fine if the child is immediately placed in attendance at a school, and may finally remit the fine if the attendance continues regularly for the full school term. School attendance may be proved by an attested certificate of the principal or teacher in charge of the school.
  2. Any principal, teacher, director of pupil personnel, assistant director of pupil personnel, or other school officer who intentionally fails to comply with the provisions of KRS 159.010 to 159.250 , or of KRS 160.330 shall be fined not less than twenty-five dollars ($25) nor more than fifty dollars ($50). Upon conviction under this subsection, a director of pupil personnel or assistant director of pupil personnel shall be removed from office and have his certificate revoked, and a principal, teacher, or other school officer may have his certificate revoked.
  3. Any person, other than those persons mentioned in subsections (1) and (2) of this section, who fails to comply with any of the provisions of this chapter relating to compulsory attendance, or who violates any of the provisions of KRS 159.130 , shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200), or imprisoned in the county jail for not more than sixty (60) days, or both.
  4. Any person who violates any of the provisions of KRS 159.270 shall be liable to a fine of not less than fifty dollars ($50) and shall be liable to the punishment prescribed by law for the crime of false swearing. If he is an officer, he shall be removed from office; and if he is a director of pupil personnel, his certificate shall be revoked.
  5. Any of the following who intentionally fails to comply with the requirements of KRS 159.150 shall be fined one hundred dollars ($100) for the first offense and two hundred fifty dollars ($250) for each subsequent offense:
    1. A student enrolled in a public school who has attained the age of eighteen (18) years, but who has not yet reached his or her twenty-first birthday, for whom a guardian has not been appointed by a court of competent jurisdiction, whether or not that student is identified as an exceptional child or youth under KRS 157.200(1)(a) to (m);
    2. A parent, guardian, or custodian of a student enrolled in a public school who has not reached his or her eighteenth birthday; or
    3. A guardian appointed by a court of competent jurisdiction of a student who is enrolled in a public school, has been identified as an exceptional child or youth under KRS 157.200(1)(a) to (m), and has attained the age of eighteen (18) years, but who has not yet reached his or her twenty-first birthday.
  6. All fines imposed and all sums required to be paid as penalties under this section shall, after payment of the costs of prosecution and recovery thereof, be paid into the treasury of the district board of education and become a part of the school fund of the district.

Any person described in paragraph (a), (b), or (c) of this subsection shall be informed by personnel of the local school district that a public school student who has not reached his or her twenty-first birthday shall be subject to truancy laws.

History. 4434-13, 4434-20 to 4434-24, 4434-28; Acts 1966, ch. 89, § 8; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 416, effective July 13, 1990; 1992, ch. 42, § 1, effective July 14, 1992; 2005, ch. 172, § 2, effective June 20, 2005.

Compiler’s Notes.

This section (4434-13, 4434-20 to 4434-24, 4434-28; amend. Acts 1966, ch. 89, § 8) was repealed and reenacted as the same section number by Acts 1990, ch. 476, Pt. V, § 416, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

Opinions of Attorney General.

A police court has jurisdiction to try parents of children who fail to attend school in violation of the statute. OAG 61-880 .

Even though a child over 16 years of age is truant, the penalties of this section cannot be imposed upon the child’s parent, guardian or custodian. OAG 64-312 , modified by OAG 87-40 to the extent of conflict.

Since a boycott by pupils is regarded as offending the truancy statutes statement by state Superintendent of Education in an official publication that a pupil boycott gained nothing and lost money for the school system was a statement of policy and the publication of such statement was not an improper use of taxpayer’s money. OAG 69-529 .

A child is delinquent who, inter alia, is an habitual truant from school pursuant to KRS 208.020 (now repealed) and the punishment for truancy for either the child or his parents is a matter within the discretion of the juvenile court. OAG 73-390 .

As Judge of the Juvenile Court, the county judge (now county judge/executive) has exclusive jurisdiction over any child who is found to be an habitual truant as well as all persons, including parents, who contribute to conditions which cause a child to become delinquent and any violation can be punished by a fine or imprisonment or both or a parent or guardian can be fined for violation of the compulsory attendance law but no statute provides for committing a child to jail for truancy. OAG 73-769 .

The penalty for failure to comply with the compulsory education statutes can only be by fine, and no amount of jail detention is authorized by statute. OAG 73-846 .

Unless a child is excepted from immunization or testing for tuberculosis under this section, a child who does not comply with immunization and testing requirements cannot enroll in any public or private school system, and the child’s failure to attend school will subject the parents or the custodians to the penalties set forth in this section. OAG 76-256 .

Since subsection (1) of this section refers only to actions against adults failing to comply with KRS 159.010 to 159.170 and not to juveniles charged under KRS 159.150 , subsection (1) of this section is not applicable in a juvenile proceeding for habitual truancy under KRS 208.020(1)(c) (now repealed). OAG 76-607 .

A charge under subsection (1)(c) of KRS 530.070 requires proof of habitual truancy which is not required to be proved to establish a charge under subsection (1) of this section; therefore a parent or legal guardian could be charged and punished under subsection (1) of this section and a prosecution under one of these sections would not be a bar to a prosecution under the other. OAG 77-514 .

A parent, guardian, or other custodian may be subject to the penalties found in this section for failure to comply with subsection (2) of KRS 159.010 , which requires 60 days’ written notice and counseling prior to an unmarried child between the ages of 16 and 18 withdrawing from school. OAG 87-40 , modifying OAG 64-312 to extent inconsistent.

Research References and Practice Aids

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Notification of Withdrawal from School, Form 256.08.

CHAPTER 160 School Districts

General Provisions

160.010. County school district, what constitutes.

Each county in this state constitutes a county school district, except that, in counties in which there are independent school districts, the county school district consists of the remainder of the county outside of the boundaries of the independent school districts.

History. 4399-2; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 417, effective July 13, 1990.

Compiler’s Notes.

This section (4399-2) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 417, effective July 13, 1990.

NOTES TO DECISIONS

  1. Principal School District Units.
  2. Merger.
1. Principal School District Units.

Under the statutes, counties are the principal school district units. Thomas v. Spragens, 308 Ky. 97 , 213 S.W.2d 452, 1948 Ky. LEXIS 861 ( Ky. 1948 ).

2. Merger.

Since matters affecting the schools and their management were vested in the local board of education, a school board could not delegate or shift its responsibilities to a fiscal court or the electorate by requesting that the fiscal court place on ballot the question of whether the voters favored the consolidation or merger of certain county schools. Hickman County Fiscal Court v. Workman, 528 S.W.2d 730, 1975 Ky. LEXIS 89 ( Ky. 1975 ).

Cited:

Brumleve v. Ruth, 302 Ky. 813 , 195 S.W.2d 777, 1946 Ky. LEXIS 948 , 1946 Ky. LEXIS 949 ( Ky. 1946 ); Brown v. Hardin County Bd. of Educ., 358 S.W.2d 488, 1962 Ky. LEXIS 176 ( Ky. 1962 ); Wigginton v. Nelson County Board of Education, 408 S.W.2d 647, 1966 Ky. LEXIS 133 ( Ky. 1966 ).

Opinions of Attorney General.

Library districts organized under KRS 173.470 or 173.720 are not exempt from the payment of the tax imposed by this chapter. OAG 68-241 .

Where territory annexed by the city was omitted from the city’s school boundary lines but was also dropped from the county school district, it would continue to remain in the county school district. OAG 70-634 .

As a school district is a municipality having jurisdiction over the disposal of its own sewage, it would be fully eligible to participate and receive any grant from the Federal Environmental Protection Agency for the construction of a sewage treatment facility or septic tank system. OAG 72-573 .

A school district is a political subdivision of the state, a public body, and a district created by statute with specific powers and a municipality within the meaning of 33 USCS § 1173(f). OAG 72-573 .

Research References and Practice Aids

Cross-References.

T.V.A., prorated distribution to school districts of payments to Revenue Cabinet, made by, KRS 96.895 .

Kentucky Law Journal.

Lewis, Kostas, Carnes, Consolidation — Complete or Functional — of City and County Governments in Kentucky, 42 Ky. L.J. 295 (1954).

Northern Kentucky Law Forum.

Sixth Circuit Notes: Constitutional Law — School Desegregation — State-Created District Lines can be Disregarded Where There is Evidence that they have been crossed to Perpetuate Dual School Systems —, 3 N.Y. St. L.F. 108 (1975).

160.020. Composition of independent school districts.

  1. All school districts embracing designated cities together with the territory within their limits, including any territory added for school purposes outside of the city limits, and all independent graded common school districts having a school census enumeration of two hundred (200) or more children, constitute independent school districts, except those which have merged with a county school district since June 14, 1934. No independent district other than a designated city shall continue to operate when its school census enumeration of children falls below two hundred (200) pupils unless it appears to the Kentucky Board of Education that the district can maintain a more efficient program of school service by operating as an independent district.
  2. As used in this section, “designated city” means a city classified as a city of the first, second, third, fourth, or fifth class as of January 1, 2014, under the city classification system in effect prior to January 1, 2015. The Department of Education shall, on or before January 1, 2015, create an official registry listing the cities that qualify as a “designated city” under this section and shall publish that registry on its Web site.

History. 4399-3; amend. Acts 1974, ch. 49, § 2; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 224, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2014, ch. 92, § 223, effective January 1, 2015.

NOTES TO DECISIONS

  1. Boundaries Conterminous with City.
  2. Change of City’s Classification.
  3. Annexation.
  4. Pupil Census Below Minimum.
  5. Contracts by District.
  6. Desegregation.
1. Boundaries Conterminous with City.

The action of a city in appropriating funds to supplement the salaries of teachers in an independent school district whose boundaries were conterminous with those of the city is inhibited by Ky. Const., § 179. Board of Education v. Corbin, 301 Ky. 686 , 192 S.W.2d 951, 1946 Ky. LEXIS 544 ( Ky. 1946 ).

Although some of the independent districts are conterminous with cities of the Commonwealth, each is a municipality or political subdivision separate and distinct from such a city and over which the city has no control. Board of Education v. Corbin, 301 Ky. 686 , 192 S.W.2d 951, 1946 Ky. LEXIS 544 ( Ky. 1946 ).

An appropriation of funds by a city, to supplement salaries of teachers in independent school districts having boundaries conterminous with those of city, would violate Ky. Const., § 159. Board of Education v. Corbin, 301 Ky. 686 , 192 S.W.2d 951, 1946 Ky. LEXIS 544 ( Ky. 1946 ).

The General Assembly in enacting this section and KRS 160.010 intended and did establish an independent school district in the city of Louisville, free from the control of the city though the boundaries are conterminous. Louisville v. Board of Education, 302 Ky. 647 , 195 S.W.2d 291, 1946 Ky. LEXIS 725 ( Ky. 1946 ).

2. Change of City’s Classification.

This section does not automatically create a new independent school district when a sixth-class city is made a fifth-class city. Board of Education v. Board of Education, 293 S.W.2d 568, 1956 Ky. LEXIS 74 ( Ky. 1956 ).

3. Annexation.

Property in county school district annexed by city does not, by operation of this section automatically become part of the city independent school district. Thomas v. Spragens, 308 Ky. 97 , 213 S.W.2d 452, 1948 Ky. LEXIS 861 ( Ky. 1948 ).

KRS 160.045 provides the exclusive procedures by which an independent school district may annex county school district territory. Thomas v. Spragens, 308 Ky. 97 , 213 S.W.2d 452, 1948 Ky. LEXIS 861 ( Ky. 1948 ).

City school districts are independent of the city government and legislative provision for school purpose annexation must be considered apart from statutes authorizing cities to annex territory for other purposes involving other consideration. Thomas v. Spragens, 308 Ky. 97 , 213 S.W.2d 452, 1948 Ky. LEXIS 861 ( Ky. 1948 ).

4. Pupil Census Below Minimum.

Where, after annexation of part of town by city, census enumeration of children in town independent school district fell below 250, no action was necessary by State Board of Education to place what remained of town school district with county district. Board of Education v. Board of Education, 284 Ky. 774 , 146 S.W.2d 30, 1940 Ky. LEXIS 581 ( Ky. 1940 ).

Where State Board abolished independent school district whose white pupil census fell below the required minimum and the school was continued by county board until State Board of Education deferred accrediting it because it had less than 60 pupils, consolidation of the high school with other high schools in the county by the county board was not an abuse of discretion. Nethery v. McMullen, 313 Ky. 39 , 230 S.W.2d 79, 1950 Ky. LEXIS 796 ( Ky. 1950 ).

5. Contracts by District.

Since the school board was a body politic and corporate, a government agency, and a public corporation, it was authorized to enter into a lease or contract with another governmental agency. Bowling Green v. Board of Education, 443 S.W.2d 243, 1969 Ky. LEXIS 244 ( Ky. 1969 ).

6. Desegregation.

Where it was stipulated that no student was ever excluded from independent school district because of race and there was no evidence that such district had committed other racial segregatory practices or that the boundaries of the district were drawn in 1911 to include whites and exclude blacks, district was not required to be included in court ordered desegregation plan, for the court rejected the argument that as a matter of law the very existence of an independent school district created under this section prior to the 1974 amendment indicated that the system must of necessity be a vestige of state-imposed segregation. Cunningham v. Grayson, 541 F.2d 538, 1976 U.S. App. LEXIS 7450 (6th Cir. Ky. 1976 ), cert. denied, 429 U.S. 1074, 97 S. Ct. 812, 50 L. Ed. 2d 792, 1977 U.S. LEXIS 2129 (U.S. 1977).

Cited:

Brumleve v. Ruth, 302 Ky. 813 , 195 S.W.2d 777, 1946 Ky. LEXIS 948 , 1946 Ky. LEXIS 949 ( Ky. 1946 ); Schmidt v. Payne, 304 Ky. 58 , 199 S.W.2d 990, 1947 Ky. LEXIS 584 ( Ky. 1947 ); Cawood v. Hensley, 247 S.W.2d 27, 1952 Ky. LEXIS 661 ( Ky. 1952 ); Newburg Area Council, Inc. v. Board of Education, 510 F.2d 1358, 1974 U.S. App. LEXIS 5699 (6th Cir. 1974).

Opinions of Attorney General.

A person seeking election to an independent school district board must live and reside within the district. OAG 76-121 .

Research References and Practice Aids

Kentucky Law Journal.

Lewis, Kostas, Carnes, Consolidation — Complete or Functional — of City and County Governments in Kentucky, 42 Ky. L.J. 295 (1954).

160.030. Temporary independent districts. [Repealed.]

Compiler’s Notes.

This section (4399-3; amend. Acts 1974, ch. 49, § 3; 1978, ch. 155, § 82, effective June 17, 1978) was repealed by Acts 1982, ch. 351, § 1, effective July 15, 1982.

160.040. Merger of districts.

Boards of education of any two (2) or more contiguous school districts may by concurrent action merge their districts into one (1). In case of a merger, the members of the boards of education of the merged districts may serve out the terms for which they were elected. The resulting district shall take over all the assets and legal liabilities of the districts joining in the merger. Tax levies authorized for the payment of interest and the retirement of bonds or to create sinking funds for such purposes shall continue to be levied and collected over the same area by or for the new board in accordance with the laws under which the levies were originally made until all bonded obligations of the old district have been retired.

History. 4399-4; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 418, effective July 13, 1990.

Compiler’s Notes.

This section (4399-4) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 418, effective July 13, 1990.

NOTES TO DECISIONS

  1. Town District with City and County.
  2. Two Districts When One Lies in Two Counties.
  3. “Concurrent Action.”
  4. Terms of Merger.
  5. — Motive.
  6. — Joint Board Members.
  7. — Powers and Duties.
  8. — Disposition of Assets and Liabilities.
  9. — Ouster of Superintendent.
  10. Consummation of Original Plan of Financing Building.
  11. Discretion of Boards.
  12. Delegation of Board Authority.
1. Town District with City and County.

Merger of town independent school district with city district and with county district resulted, where on dissolution of town district part of it went to city district and part to county district. Board of Education v. Board of Education, 284 Ky. 774 , 146 S.W.2d 30, 1940 Ky. LEXIS 581 ( Ky. 1940 ).

2. Two Districts When One Lies in Two Counties.

Two (2) contiguous independent school districts may consolidate and merge into a single new independent school district under this section even though portions of one district lie in two counties. Board of Education v. Butler, 256 S.W.2d 516, 1953 Ky. LEXIS 749 ( Ky. 1953 ).

3. “Concurrent Action.”

“Concurrent action” does not necessitate simultaneous action in joint session. It is sufficient that such steps be taken in cooperation and looking to the same purpose. McGlone v. Horton, 258 Ky. 453 , 80 S.W.2d 522, 1935 Ky. LEXIS 177 ( Ky. 1935 ).

4. Terms of Merger.

This section, as opposed to KRS 160.041 , governs the powers of the two districts in making a merger agreement to fix the terms of such merger. La Follette v. Ovesen, 314 Ky. 535 , 236 S.W.2d 457, 1951 Ky. LEXIS 687 ( Ky. 1951 ).

5. — Motive.

The motive for merging districts is immaterial. Board of Education v. Stevens, 261 Ky. 475 , 88 S.W.2d 3, 1935 Ky. LEXIS 678 ( Ky. 1935 ).

6. — Joint Board Members.

All members of the boards of the merged districts become members of the joint board clothed with all the authority conferred by law upon the members of such boards. McGlone v. Horton, 258 Ky. 453 , 80 S.W.2d 522, 1935 Ky. LEXIS 177 ( Ky. 1935 ).

The merger agreements, which provided that if, for any reason, any appointed member of the merged board could not complete his temporary term, the position was to be filled with an alternate, did not conflict with KRS 160.190 as the agreements merely provided temporary security for all school districts during the critical transition, and authority for the agreements was provided for by the general authority granted by virtue of the merger statute, this section. Appeal of Muhlenberg County Bd. of Education, 714 S.W.2d 168, 1986 Ky. App. LEXIS 1194 (Ky. Ct. App. 1986).

7. — Powers and Duties.

Where two contiguous school districts were merged, the members of the board of education of the merged districts who were serving out the terms for which they were elected had the power to execute a contract with the superintendent of one of the former districts as superintendent of the new merged district and upon declaration of vacancy of the office before expiration of his contract term he was entitled to salary withheld. McClellan v. Darnell, 351 S.W.2d 191, 1961 Ky. LEXIS 157 ( Ky. 1961 ).

8. — Disposition of Assets and Liabilities.

The last part of this section, respecting disposition of assets and liabilities, applies to mergers effected under KRS 160.030 (repealed), as well as to those effected by concurrent action of two contiguous districts. Board of Education v. Nelson, 268 Ky. 83 , 103 S.W.2d 691, 1937 Ky. LEXIS 413 ( Ky. 1937 ).

The assumption of debts by a county school district under this section does not violate Ky. Const., § 157. Board of Education v. Nelson, 268 Ky. 83 , 103 S.W.2d 691, 1937 Ky. LEXIS 413 ( Ky. 1937 ).

Provision in resolution of city board directing employment of superintendent for four-year term that employment should terminate if city and county boards merged, must be deemed part of employment contract actually made with superintendent notwithstanding provision was not contained in contract, since resolution was foundation of contract and no liability continued for county board to assume on merger. Martin v. Board of Education, 284 Ky. 818 , 146 S.W.2d 12, 1940 Ky. LEXIS 579 ( Ky. 1940 ).

County board is impressed only with legal liabilities of districts joining in merger, and hence where city board, at time of merging with county board, had relieved itself of liability to employ superintendent for four years, county board was not under liability to superintendent. Martin v. Board of Education, 284 Ky. 818 , 146 S.W.2d 12, 1940 Ky. LEXIS 579 ( Ky. 1940 ).

Contract for four-year term between city board and superintendent was not liability of county board, where city and county boards merged, and contract between boards was drawn by superintendent providing that county board was to employ superintendent and to perform contracts made by city board for one specified school year. Martin v. Board of Education, 284 Ky. 818 , 146 S.W.2d 12, 1940 Ky. LEXIS 579 ( Ky. 1940 ).

Employment by county board of superintendent for second one-year period following year for which he had been employed pursuant to contract of merger between city and county boards was not ratification of earlier contract for four-year term made by city board, but not assumed by county board on merger. Martin v. Board of Education, 284 Ky. 818 , 146 S.W.2d 12, 1940 Ky. LEXIS 579 ( Ky. 1940 ).

On merger of city independent school district with county school district by agreement the property owners of former city district become liable for voted indebtedness of county district and referendum on increase in rate within city is unnecessary. Board of Education v. Harville, 416 S.W.2d 730, 1967 Ky. LEXIS 280 ( Ky. 1967 ).

9. — Ouster of Superintendent.

Superintendent could not be ousted by four to three vote of board of education which had consisted of ten members following merger under this section but had fallen to seven by reason of expiration of some of the terms since KRS 160.350 providing for ouster by four members of a board of education contemplated a board of five members as provided by KRS 160.160 or 80% of the board. Wesley v. Board of Education, 403 S.W.2d 28, 1966 Ky. LEXIS 319 ( Ky. 1966 ).

10. Consummation of Original Plan of Financing Building.

When an independent district attempts to provide a building pursuant to KRS 162.120 , a subsequent merger with the county district does not prevent consummation of the original plan of financing. Piggott v. Kasey, 271 Ky. 651 , 113 S.W.2d 5, 1938 Ky. LEXIS 33 ( Ky. 1938 ).

11. Discretion of Boards.

School boards have a liberal discretion in merging districts. Board of Education v. Stevens, 261 Ky. 475 , 88 S.W.2d 3, 1935 Ky. LEXIS 678 ( Ky. 1935 ).

The burden of proving an abuse of discretion is on the accuser. Board of Education v. Stevens, 261 Ky. 475 , 88 S.W.2d 3, 1935 Ky. LEXIS 678 ( Ky. 1935 ).

12. Delegation of Board Authority.

Since matters affecting the schools and their management were vested in the local board of education and the State Department of Education, a school board could not delegate or shift its responsibilities to a fiscal court or the electorate by requesting that the fiscal court place on ballot the question of whether the voters favored the consolidation or merger of certain county schools. Hickman County Fiscal Court v. Workman, 528 S.W.2d 730, 1975 Ky. LEXIS 89 ( Ky. 1975 ).

Cited:

Stuff v. Webster County Board of Education, 339 S.W.2d 189, 1960 Ky. LEXIS 443 ( Ky. 1960 ); Board of Education v. Board of Education, 522 S.W.2d 854, 1975 Ky. LEXIS 143 ( Ky. 1975 ).

Opinions of Attorney General.

Where, under the provisions of this section and KRS 160.041 , there is a merger of a city and a county school district each of which has special voted taxes applicable to it: (1) The city school district would continue to be subject to its special voted taxes unless the merger agreement provided otherwise. (2) The city board of education may decline to have levied the special voted tax if it deems the tax unnecessary or unwise; however, the county board of education, both as originally constituted and as a joint board following merger must concur and cooperate in an agreement to this end. The city board will cease to exist on merger; hence it will have nothing to say about the special voted tax of the county school district. Acting ex parte, the city board may not, prior to merger, adopt the county districts voted levy. (3) The property owners in the city district will be subject to the county district’s special voted tax when the merger is completed. This will occur automatically upon merger without any referendum. (4) The merger agreement should be drawn so as to coincide merger with applicable tax and school years to avoid any question about the tax levied for a current school year based upon an assessment that pre-dated merger. OAG 67-315 .

Once two school districts have been merged, there is no procedure by which the merger can be dissolved. OAG 71-380 .

This section and KRS 160.041 provide that in the event of a merger of two school districts the members of the boards of education of the merged districts may serve out the terms for which they were elected. OAG 72-252 .

This section and KRS 160.041 provide the exclusive means by which school districts may be merged. OAG 72-252 .

The fiscal court, under KRS 67.083 , has no authority to place a question on the ballot to be submitted to the voters concerning the merger of school districts as KRS 67.083 limits the powers of a county to those that do not conflict with the constitution or statutes and as the legislature, under this section, has provided the procedure for merging school districts, this field is pre-empted, and since the school districts are agencies of the state, not the county, all decisions affecting school questions are to be made by the district boards of education and the State Department of Education. OAG 73-272 .

Inasmuch as this section is not restricted to the merger of an independent school district with a county school district, it would be possible for two county school districts to merge. OAG 77-777 .

Following the merger of an independent school district with a county school district the resultant district is the county district. OAG 83-325 .

Upon a merger of a county school district and an independent school district, the utility gross receipts license tax of three percent in effect in the county school district would become effective as to the entire merged district. OAG 83-325 .

Research References and Practice Aids

Kentucky Law Journal.

Lewis, Kostas, Carnes, Consolidation — Complete or Functional — of City and County Governments in Kentucky, 42 Ky. L.J. 295 (1954).

160.041. Merger of independent district with county district.

  1. When a board of education of an independent school district desires to have its district become a part of the county school district, it shall by motion so record its desire in the minutes of the board. The board, or its executive officer, shall convey this request to the county board of education. At its next regular meeting, or at a special meeting held prior thereto, the county board of education shall pass upon this request.
  2. If the county board of education refuses, or the two (2) boards of education cannot agree upon such a proposition of merger of the independent district with the county district, the question of merger shall be submitted to the qualified voters of the two (2) districts at the next regular election if the question is filed with the county clerk not later than the second Tuesday in August preceding the regular election.
    1. If a majority of those voting on the question favor merger, the school boards of the two (2) school districts shall jointly develop a plan for adoption of the merger.
    2. If the two (2) school boards cannot agree to the terms of merger within sixty (60) days following the date of the regular election, the chief state school officer shall develop the terms of the adoption of merger.
    3. Notwithstanding subsection (2)(a) of this section, if the independent school district cannot meet its current operating expenses from projected revenue and if the two (2) school boards cannot agree to the terms of a merger, the proposition of merger shall be submitted to the Kentucky Board of Education, and the Kentucky Board of Education shall determine whether the two (2) districts should be merged and if merged the terms thereto.
    4. Upon completion of the plan for adoption of the merger, whether prepared by the school boards or the superintendent, it shall become effective and the independent district shall become a part of the county school district as set out in the plan.

History. Enact. Acts 1948, ch. 238; 1976, ch. 212, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 225, effective July 13, 1990; 1996, ch. 195, § 56, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

  1. Application.
  2. Two Alternative Methods.
  3. Merger.
  4. — Terms or Conditions.
  5. — Grounds for Effectuating.
  6. — Desegregation.
1. Application.

Where parties assented to merger of city and county school districts the provisions of KRS 160.041 are inapplicable because there was no failure or refusal to agree on terms. Board of Education v. Harville, 416 S.W.2d 730, 1967 Ky. LEXIS 280 ( Ky. 1967 ).

2. Two Alternative Methods.

This section provides for two alternatives: (1) merger by agreement or (2) merger by compulsion of the state board. La Follette v. Ovesen, 314 Ky. 535 , 236 S.W.2d 457, 1951 Ky. LEXIS 687 ( Ky. 1951 ).

3. Merger.
4. — Terms or Conditions.

In the case of merger by compulsion the state board is to fix the terms, but in the case of merger by agreement no directions are given as to the terms or conditions of the merger. La Follette v. Ovesen, 314 Ky. 535 , 236 S.W.2d 457, 1951 Ky. LEXIS 687 ( Ky. 1951 ).

5. — Grounds for Effectuating.

This section does not specify any grounds which must be established to lawfully effectuate a merger. Hopkins County Board of Education v. Hopkins County, 242 S.W.2d 742, 1951 Ky. LEXIS 1066 ( Ky. 1951 ).

6. — Desegregation.

If the District Court should find that a formal consolidation or merger of districts was required to effectuate an effective desegregation plan for the county as a whole, administrative problems would to a large extent be obviated since the merger or consolidation could be effectuated under this section, which authorizes the reconsolidation of school districts within a single county even without the consent of the county school board. Newburg Area Council, Inc. v. Board of Education, 510 F.2d 1358, 1974 U.S. App. LEXIS 5699 (6th Cir. Ky. 1974 ), cert. denied, 421 U.S. 931, 95 S. Ct. 1658, 44 L. Ed. 2d 88, 1975 U.S. LEXIS 1407 (U.S. 1975).

Opinions of Attorney General.

Where, under the provisions of KRS 160.040 and this section there is a merger of a city and a county school district each of which has special voted taxes applicable to it: (1) The school city would continue to be subject to its special voted taxes unless the merger agreement provided otherwise. (2) The city board of education could decline to have levied the special voted tax if it deemed the tax unnecessary or unwise; however, the county board of education both as originally constituted and as a joint board following merger must concur and cooperate in an agreement to this end. The city board will cease to exist on merger; hence it will have nothing to say about the special voted tax of the county school district. Acting ex parte the city board may not, prior to merger, adopt the county district’s voted levy. (3) The property owners in the city district will be subject to the county district’s special voted tax when the merger is completed. This will occur automatically upon merger without referendum. (4) The merger should be drawn so as to coincide merger with applicable tax and school years to avoid any question about the tax levied for a current school year based upon an assessment that pre-dated merger. OAG 67-315 .

This section grants the right to initiate merger proceedings to an independent school district; however, no such authority is granted to a county school district. OAG 72-252 ., 3 N.Y. St. L.F. 108 (1975).

Where a merger or the terms of a merger cannot be agreed upon this section allows the independent board of education to appeal to the superintendent of public instruction and ask that the matter be submitted to the State Board of Education for final settlement. OAG 72-252 ., 3 N.Y. St. L.F. 108 (1975).

Where the voters have cast their ballots in favor of the merger of two school districts, but where the two school boards have not agreed on the terms of the plan for adoption of the merger, the terms of adoption developed by the Superintendent of Public Instruction to resolve the dispute are not required to be approved by the State Board of Education. OAG 76-341 .

Following the merger of an independent school district with a county school district the resultant district is the county district. OAG 83-325 .

Upon a merger of a county school district and an independent school district, the utility gross receipts license tax of three percent (3%) in effect in the county school district would become effective as to the entire merged district. OAG 83-325 .

Research References and Practice Aids

Kentucky Law Journal.

Lewis, Kostas, Carnes, Consolidation — Complete or Functional — of City and County Governments in Kentucky, 42 Ky. L.J. 295 (1954).

Northern Kentucky Law Forum.

Sixth Circuit Notes: Constitutional Law — School Desegregation — State-Created District Lines can be Disregarded Where There is Evidence that they have been crossed to Perpetuate Dual School Systems — Newburg Area Council, Inc. v. Board of Education, 510 F.2d 1358, 1974 U.S. App. LEXIS 5699 (6th Cir. 1974), cert. denied, 421 U.S. 931, 95 S. Ct. 1658, 44 L. Ed. 2d 88, 1975 U.S. LEXIS 1407 (1975).

160.042. Election of members — Present terms to continue, exception.

  1. Upon a merger under the provisions of KRS 160.040 and 160.041 of an independent school district in a city of the first class with a county school district in counties containing a city of the first class, the members of the county board of education of the merged county school district, shall be elected pursuant to KRS 160.200 and 160.210 .
  2. Each member of the respective boards of education at the time of the merger of the districts, may continue to hold office until the expiration of his or her term of office, except as provided in KRS 160.200(4); but any vacancy occurring among such members for any reason shall not be filled.

History. Enact. Acts 1952, ch. 90, §§ 1, 2; repealed and reenact., 1958, ch. 126, § 17, effective June 19, 1958; 1974, ch. 224, § 1; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 419, effective July 13, 1990.

Compiler’s Notes.

Former KRS 160.042 (Acts 1952, ch. 90, §§ 1, 2) and former KRS 160.043 (Acts 1952, ch. 90, § 2) were repealed and reenacted as KRS 160.042 by Acts 1958, ch. 126, § 17.

KRS 160.042 (Repealed and reenacted Acts 1958, ch. 126, § 17; 1974, ch. 224, § 1) was repealed and reenacted as KRS 160.042 by Acts 1990, ch. 476, Pt. V, § 419, effective July 13, 1990.

NOTES TO DECISIONS

1. Continuation of Two Boards.

Provision for city school board members to continue serving with county school board upon merger of school district of first-class city with county school district does not constitute “local or special legislation” forbidden by state Constitution where there is a justifiable need for the experience of city board members as to problems arising from urbanization. Board of Education v. Board of Education, 522 S.W.2d 854, 1975 Ky. LEXIS 143 ( Ky. 1975 ).

160.043. Terms of board members unaffected by merger; vacancies not to be filled. [Repealed and Reenacted.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 90, § 2) and former KRS 160.042 (Acts 1952, ch. 90, §§ 1, 2) were repealed and reenacted as KRS 160.042 by Acts 1958, ch. 126, § 17.

160.044. Time of election and terms of merged district board members.

  1. At the regular November election during the first even-numbered year nearest to the time of the merger of the districts, as above set out, two (2) members of the county board of education shall be elected from the county at large for a term of four (4) years, and two (2) years after such first election, three (3) members of the county board of education shall be elected for a term of four (4) years, and in each even-numbered year thereafter an election shall be held from the county at large to fill the membership of the county board of education for the term that will expire on the first Monday in January following, and the regularly elected members shall hold office for four (4) years, and until their successors are elected and qualified.
  2. Any vacancy occurring in the membership of the county board after members have been elected from the county at large shall be filled as now provided by KRS 160.190 .

History. Enact. Acts 1952, ch. 90, §§ 3, 4, effective June 19, 1952; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 420, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 90, §§ 3, 4, effective June 19, 1952) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 420, effective July 13, 1990.

NOTES TO DECISIONS

1. Elections from Districts.

In merger situations, KRS 160.210 mandates that elections of school board members shall be from districts, not the county-at-large. Appeal of Muhlenberg County Bd. of Education, 714 S.W.2d 168, 1986 Ky. App. LEXIS 1194 (Ky. Ct. App. 1986).

160.045. Transfer of adjacent territory to school district other than that in which it is located.

  1. If seventy-five percent (75%) of either the registered voters or property owners in an area adjacent to either a county or independent school district petition the respective school boards for a transfer of property to the school board district other than that in which it is located, or if either board initiates an action, the school boards may effect the transfer by agreement, duly spread upon the minutes of their respective boards.
  2. If the boards fail to agree within ninety (90) days from the filing of petitions for the transfer, either board may petition the chief state school officer for approval or disapproval of the transfer of the property involved. In his consideration for giving approval or disapproval, he shall be governed by any policies and rules and regulations of the Kentucky Board of Education which may be affected by the transfer of the property and shall give due consideration to the following: the ratio of the wealth of the territory involved in its relation to the total wealth of the district from which the territory will be annexed; the effect of the proposed territorial loss or gain on the educational programs of the respective districts; extent of and effect on the physical plant, facilities, and equipment available in each of the affected districts; the indebtedness and bonded or rental obligations of the respective districts; any contemplated indebtedness or obligation arising out of the proposed transfer; and other factors as may have a bearing upon the determination of the desirability of the proposed annexation from the vantage point of all interested persons.
  3. In those instances where the requested transfer will result in a surplus of physical plant, facilities, or equipment in the transferring school district, the chief state school officer shall determine an equitable plan for the transfer of any surplus to the annexing district as his plan may determine will be needed. His plan shall be based on the fair value of the property on a replacement basis, taking into consideration its age and condition. In any considerations and suggestions which he may propose for the settlement of the differences between the boards of education, he shall be bound by any agreements outstanding between the boards of education of the school districts on July 15, 1982.
  4. If the chief state school officer is unable to arrive at a satisfactory agreement with the two (2) boards of education concerning the transfer of the involved property within one hundred twenty (120) days from the time it is presented to him, either board may request that he bring the matter before the Kentucky Board of Education at its next regularly scheduled meeting. The state board shall grant and schedule an administrative hearing, and the hearing shall be conducted in accordance with KRS Chapter 13B. In that event, he shall file with the Kentucky Board of Education all the facts which he has gathered, the recommendation he has made, and the basis for his recommendation, for their consideration. In those instances where, after giving consideration to the factors set forth in subsection (2) of this section, the chief state school officer determines that a transfer of only a portion of the territory in question is in the best interest of the respective districts, he may recommend to the Kentucky Board of Education a modified plan of transfer of territory.

History. Enact. Acts 1946, ch. 140; 1948, ch. 90; 1956, ch. 240, § 1; 1974, ch. 315, § 17; 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 114, § 24, effective July 15, 1980; 1982, ch. 32, § 1, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 226, effective July 13, 1990; 1996, ch. 318, § 51, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Purpose.
  3. Application.
  4. Annexed Territory.
  5. Property Owners.
1. Constitutionality.

This section does not violate Ky. Const., § 59 as being special legislation. Board of Education v. Mescher, 310 Ky. 453 , 220 S.W.2d 1016, 1949 Ky. LEXIS 954 ( Ky. 1949 ).

This section does not violate Ky. Const., §§ 2, 19, 52 or 183. Board of Education v. Board of Education, 250 S.W.2d 1017, 1952 Ky. LEXIS 897 ( Ky. 1952 ).

2. Purpose.

The object of this section was to encourage the making of the city school district boundaries coextensive with those of the city. Howell v. Collier, 282 S.W.2d 327, 1955 Ky. LEXIS 236 ( Ky. 1955 ).

3. Application.

This section provides the exclusive procedures by which an independent school district may annex county school district territory. Thomas v. Spragens, 308 Ky. 97 , 213 S.W.2d 452, 1948 Ky. LEXIS 861 ( Ky. 1948 ).

This section authorizes only the incorporation of such areas annexed to a city as are coextensive with an area designated, defined or described as a separate territory in the annexation proceedings by the city. Howell v. Collier, 282 S.W.2d 327, 1955 Ky. LEXIS 236 ( Ky. 1955 ).

4. Annexed Territory.

Property in county school district annexed by city does not, by operation of KRS 160.020 , automatically become part of the city independent school district. Thomas v. Spragens, 308 Ky. 97 , 213 S.W.2d 452, 1948 Ky. LEXIS 861 ( Ky. 1948 ).

The annexed territory must be treated as an indivisible unit. Howell v. Collier, 282 S.W.2d 327, 1955 Ky. LEXIS 236 ( Ky. 1955 ).

County board had no power to prevent transfer of territory annexed to a city to city school district where 75 percent of owners of real property in the territory petitioned to be taken into city school district and city school board approved the petition. Board of Education v. Board of Education, 250 S.W.2d 1017, 1952 Ky. LEXIS 897 ( Ky. 1952 ).

5. Property Owners.

Both the husband and wife in estates known as tenancy by the entirety are owners of property and their interest is sufficient to make them “owners of real property” within the meaning of this section. Campbell County Board of Education v. Boulevard Enterprises, Inc., 360 S.W.2d 744, 1962 Ky. LEXIS 223 ( Ky. 1962 ).

The term “owners” was meant to designate all people who owned any interest in property which would permit them to be concerned with community school affairs. Campbell County Board of Education v. Boulevard Enterprises, Inc., 360 S.W.2d 744, 1962 Ky. LEXIS 223 ( Ky. 1962 ).

Cited:

Turner v. City Board of Education, 313 Ky. 383 , 231 S.W.2d 27, 1950 Ky. LEXIS 869 ( Ky. 1950 ); Board of Education v. Board of Education, 293 S.W.2d 568, 1956 Ky. LEXIS 74 ( Ky. 1956 ); Board of Education v. Board of Education, 472 S.W.2d 496, 1971 Ky. LEXIS 200 ( Ky. 1971 ).

Opinions of Attorney General.

The term “adjacent” as used in this section means “adjoining” rather than “nearby” and property may not be transferred from one school district to another if it does not adjoin the school district to which it is to be transferred. OAG 62-54 .

A county tax commissioner has no authority to transfer property from one school district to another in the county without the approval of either the voters, property owners, or school boards of the districts involved. OAG 67-429 .

The methods prescribed by this section are the exclusive methods by which boundary lines between adjacent school districts may be changed, and an erroneous report of a boundary line made pursuant to KRS 136.190 neither established nor altered the boundary line even though it remained unchallenged for a period of 12 years. OAG 70-393 .

The phrase “next regularly scheduled meeting” in subsection (4) does not include a specially called meeting. OAG 74-463 .

The responsibility of determining the boundaries of two school districts within the same county rests with the boards of education of the two districts. OAG 80-621 .

Those citizens living in an annexed area of a city are not entitled to vote in the city school board race unless and until the area annexed is also annexed by the city school district, pursuant to this section; such persons must vote in the county school district in which they presently live, irrespective of any agreement between the two school districts regarding in which district the children of residents of the annexed area will be allowed to attend school. OAG 84-372 .

Research References and Practice Aids

Kentucky Law Journal.

Lewis, Kostas, Carnes, Consolidation — Complete or Functional — of City and County Governments in Kentucky, 42 Ky. L.J. 295 (1954).

160.047. Application of KRS 160.045. [Repealed.]

Compiler’s Notes.

This section which, was declared unconstitutional in Board of Educ. v. Board of Educ., 472 S.W.2d 496 (Ky Ct. App. 1971). (Enact. Acts 1970, ch. 189, § 1) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

160.048. Transfer of area containing school outside district.

  1. The General Assembly hereby finds that from time to time various school boards, in the exercise of their administrative discretion, have determined that their school districts would be most efficiently administered if one (1) or more of the district’s schools were constructed and operated on land located outside the school districts’ boundaries. The General Assembly further finds that this has been desirable and in furtherance of an efficient system of common schools. As urbanization increases, and school districts throughout the Commonwealth become more densely populated, available school sites within such districts will proportionately diminish, and it will with increasing frequency be necessary to construct schools on land not within the district of the school board constructing such schools. When a school is so located, it is more efficient for the school district constructing the school, but it is less efficient for the statewide system of common schools and for the children residing in the immediate neighborhood of the new school, who reside in a different school district, and therefore must be transported to other, more distant schools. This situation results in an inefficient utilization of state and local school funds and school facilities, and is a result of the artificially-drawn school district boundary lines. The General Assembly further finds that the discretionary method of transfer presently provided by KRS 160.045 is not adequate to assure an efficient operation of the common schools, and that it is desirable to provide for mandatory transfer of such areas. Pursuant to section 183 of the Kentucky Constitution, the General Assembly declares that such situations are special situations and require special treatment. It is the intent of the General Assembly to provide by this statute a special method whereby such areas may be transferred to the school district operating the school or schools.
  2. If seventy-five percent (75%) of either the registered voters or property owners in an area adjacent to a school district other than the district in which such area is located and in which area there is located a school owned and operated by such adjacent school district petition the school board of the school district which owns and operates such school and the school board of the school district in which such area is located for the transfer of such area from the school district in which it is located to the school district which owns and operates such school, then such area shall be so transferred.
  3. The effective date of such transfer shall be sixty (60) days after the date on which the petition is filed with the two (2) school boards; personal delivery of said petition to any member of the school board or to the superintendent of the school district shall constitute “filing” for purposes of this section. Provided, that if such effective date falls during a term of the school district in which such area is located, the two (2) school boards involved may, by agreement, defer the effective date of such transfer until the end of said term.
  4. The terms and conditions of such transfer shall be determined in the manner provided for the determination of the terms and conditions of transfer under KRS 160.045 , except that the chief state school officer, the Kentucky Board of Education, and the respective reviewing courts shall have no power to disapprove such transfer.
  5. Upon such transfer, the recipient district shall assume a portion of the bonded indebtedness of the losing district, as provided in KRS 160.065 ; such bonds shall remain the obligation of the issuing agency, and shall not be affected in any way by such transfer, except that each year the recipient district shall pay to the losing district a sum of money sufficient to make the payments on the portion of such indebtedness assumed by the recipient district, and such annual payments shall continue until all of the bonded indebtedness outstanding at the time of the transfer is paid in full.
  6. The method of transfer provided in this section shall be an alternative method to that set forth in KRS 160.045 , and this section shall have no effect whatsoever on KRS 160.045 .

History. Enact. Acts 1972, ch. 349, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 227, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

Cited:

Newburg Area Council, Inc. v. Board of Education, 510 F.2d 1358, 1974 U.S. App. LEXIS 5699 (6th Cir. 1974), cert. denied, 421 U.S. 931, 95 S. Ct. 1658, 44 L. Ed. 2d 88, 1975 U.S. LEXIS 1407 (1975).

Opinions of Attorney General.

This section is not indefinite as to its determination of an area, is not ineffective as lacking authority to determine the sufficiency or composition of an area, provides the necessary procedural stress to effect a transfer and is not unconstitutional or ineffective because of vagueness. OAG 72-254 .

Research References and Practice Aids

Northern Kentucky Law Forum.

Sixth Circuit Notes: Constitutional Law — School Desegregation — State-Created District Lines can be Disregarded Where There is Evidence that they have been crossed to Perpetuate Dual School Systems — Newburg Area Council, Inc. v. Board of Educ., 510 F.2d 1358, 1974 U.S. App. LEXIS 5699 (6th Cir. 1974), cert. denied, Board of Education v. Newburg Area Council, Inc., 421 U.S. 931, 95 S. Ct. 1658, 44 L. Ed. 2d 88, 1975 U.S. LEXIS 1407 (1975).

160.049. Transfer of adjacent territory between school districts in county containing first-class city. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 189, §§ 2, 3) was repealed by Acts 1978, ch. 34, § 1, effective June 17, 1978.

160.050. Annexation of adjacent part of county school district by independent district; approval; vote. [Repealed.]

Compiler’s Notes.

This section (4399-4b) was repealed by Acts 1956, ch. 240, § 2.

160.060. Annexation of part of independent district by county district. [Repealed.]

Compiler’s Notes.

This section (4399-4b) was repealed by Acts 1956, ch. 240, § 3.

160.065. Liability for indebtedness in case of annexation.

When any property assessable for school purposes in one school district is annexed by or transferred to another school district, the recipient district shall assume a part of the indebtedness, if any, of the other school district incurred for school buildings and grounds in the proportion the assessed valuation of property taxable for school purposes transferred bears to the total assessed valuation of property taxable for school purposes in the district losing the territory.

History. Enact. Acts 1942, ch. 197 § 1; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 421, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 197) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 421, effective July 13, 1993.

NOTES TO DECISIONS

1. Revenue Bonds.

Revenue bonds do not constitute an indebtedness of the issuing school district and city school district, to which territory was transferred from county school district after voters of county district had authorized special school building tax to pay rentals for school buildings to be financed by issuance of revenue bonds, was not liable for any part of the bonds under this section. Board of Education v. Board of Education, 250 S.W.2d 1017, 1952 Ky. LEXIS 897 ( Ky. 1952 ).

Cited:

Board of Education v. Mescher, 310 Ky. 453 , 220 S.W.2d 1016, 1949 Ky. LEXIS 954 ( Ky. 1949 ).

Research References and Practice Aids

Cross-References.

Title to school property in transferred territory, KRS 162.020 .

160.070. Subdistricts; county board of education may change; exceptions; boundaries of districts. [Repealed.]

Compiler’s Notes.

This section (4399-6, 4399-14) was repealed by Acts 1956, ch. 237, § 7.

160.080. Subdistricts in two or more counties. [Repealed.]

Compiler’s Notes.

This section (4399-15) was repealed by Acts 1956, ch. 237, § 7.

160.090. Trustee of subdistrict; qualifications; term. [Repealed.]

Compiler’s Notes.

This section (4399-7, 4399-8, 4399-10) was repealed by Acts 1956, ch. 237, § 7.

160.100. Election of subdistrict trustee; notice of candidacy; qualifications of voters; ballots. [Repealed.]

Compiler’s Notes.

This section (4399-8) was repealed by Acts 1956, ch. 237, § 7.

160.105. Fire and extended insurance coverage.

The Kentucky Board of Education shall by regulation require each school district to provide for fire and extended insurance coverage on each building owned by the board which is not surplus to its needs as shown by the approved facilities plan. The requirement for such coverage shall not exceed replacement cost and shall allow for the features of coinsurance and deductibles.

History. Enact. Acts 1982, ch. 93, § 1, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 422, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 93, § 1, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 422, effective July 13, 1990.

160.107. Application and implementation requirements for districts of innovation.

  1. A district which is an applicant to be designated as a district of innovation under KRS 156.108 shall:
    1. Establish goals and performance targets for the district of innovation proposal, which may include:
      1. Reducing achievement gaps for groups of public school students by expanding learning experiences for students who are identified as academically low-achieving;
      2. Increasing pupil learning through the implementation of high, rigorous standards for pupil performance;
      3. Increasing the participation of students in various curriculum components and instructional components within selected schools to enhance students’ preparation at each grade level;
      4. Increasing the number of students who are postsecondary-ready; and
      5. Motivating students at different grade levels by offering more curriculum choices and student learning opportunities to parents and students within the district;
    2. Identify changes needed in the district and schools to lead to better-prepared students for success in life and work;
    3. Have a district-wide plan of innovation that describes and justifies which schools and innovative practices will be incorporated;
    4. Provide documentation of community, educator, parental, and the local board’s support of the proposed innovations;
    5. Provide detailed information regarding the rationale of requests for waivers from Kentucky Revised Statutes and administrative regulations, and exemptions for selected schools regarding waivers of local board of education policies;
    6. Document the fiscal and human resources the board will provide throughout the term of the implementation of the innovations within its plan; and
    7. Provide other materials as required by the Kentucky Department of Education in compliance with the state board’s administrative regulations and application procedures.
  2. The district and all schools participating in a district’s innovation plan shall:
    1. Ensure the same health, safety, civil rights, and disability rights requirements as are applied to all public schools;
    2. Ensure students meet compulsory attendance requirements under KRS 158.030 and 158.100 ;
    3. Ensure that high school course offerings meet or exceed the minimum required under KRS 156.160 for high school graduation or meet early graduation requirements that may be enacted by the General Assembly;
    4. Ensure the student performance standards meet or exceed those adopted by the Kentucky Board of Education, including compliance with the statewide assessment system specified in KRS 158.6453 ;
    5. Adhere to the same financial audits, audit procedures, and audit requirements as are applied under KRS 156.265 ;
    6. Require state and criminal background checks for staff and volunteers as required of all public school employees and volunteers within the public schools and specified in KRS 160.380 and 161.148 ;
    7. Comply with open records and open meeting requirements under KRS Chapter 61;
    8. Comply with purchasing requirements and limitations under KRS Chapter 45A and KRS 156.074 and 156.480 ;
    9. Provide overall instructional time that is equivalent to or greater than that required under KRS 158.070 , but which may include on-site instruction, distance or virtual learning, and work-based learning on nontraditional school days or hours; and
    10. Provide data to the Kentucky Department of Education as deemed necessary to generate school and district reports.
    1. Only schools that choose to be designated as schools of innovation shall be included in a district’s application. (3) (a) Only schools that choose to be designated as schools of innovation shall be included in a district’s application.
      1. As used in this paragraph, “eligible employees” means employees that are regularly employed at the school and those employees whose primary job duties will be affected by the plan. (b) 1. As used in this paragraph, “eligible employees” means employees that are regularly employed at the school and those employees whose primary job duties will be affected by the plan.
      2. A vote shall be taken among eligible employees in a school to determine if the school shall be an applicant as a school of innovation in a district’s proposal and to approve the school’s plan of innovation before it is submitted to the district. At least seventy percent (70%) of those casting votes shall vote in the affirmative in order for the school to request inclusion in the district’s plan and to approve the school’s plan of innovation.
      3. The school-based decision making council shall be responsible for conducting the vote provided for in subparagraph 2. of this paragraph, which shall be by secret ballot.
    2. Notwithstanding the provisions of paragraph (a) of this subsection, a local board of education may require a school that has been identified for comprehensive support and improvement under KRS 160.346 to participate in the district’s plan of innovation.
    1. With approval of the state board, a school of innovation may request and be granted waivers from all or selected provisions of KRS 160.345 relating to school-based decision making. (4) (a) With approval of the state board, a school of innovation may request and be granted waivers from all or selected provisions of KRS 160.345 relating to school-based decision making.
    2. To be exempt from KRS 160.345, a school-based decision making council shall vote by secret ballot to determine if it wishes to request a waiver from KRS 160.345 or specific provisions within that statute. Only a school that has seventy percent (70%) or more of the teachers and staff in the school voting to waive its rights and responsibilities under KRS 160.345 shall be eligible.
    3. No local board of education or superintendent nor the Kentucky Board of Education may compel a school to waive its rights under KRS 160.345, except as provided in KRS 160.346 .
    4. Before the provisions of KRS 160.345 are waived by the Kentucky Board of Education for a specific school, there shall be assurances that teachers, parents, and staff in the affected school will be actively involved in the management and decision-making operations of the schools, including input into employment matters and selection of personnel.
  3. Notwithstanding any statutes to the contrary, the Kentucky Board of Education may approve the requests of districts of innovation to:
    1. Use capital outlay funds for operational costs;
    2. Hire persons for classified positions in nontraditional school and district assignments who have bachelor’s and advanced degrees from postsecondary education institutions accredited by a regional accrediting association as defined in KRS 164.740 ;
    3. Employ teachers on extended employment contracts or extra duty contracts and compensate them on a salary schedule other than the single salary schedule;
    4. Extend the school days as is appropriate within the district with compensation for the employees as determined locally;
    5. Establish alternative education programs and services that are delivered in nontraditional hours and which may be jointly provided in cooperation with another school district or consortia of districts;
    6. Establish a virtual school within the district for delivering alternative classes to meet high school graduation requirements;
    7. Use a flexible school calendar;
    8. Convert existing schools into schools of innovation; and
    9. Modify the formula under KRS 157.360(2) for distributing support education excellence in Kentucky funds for students in average daily attendance in nontraditional programming time, including alternative programs and virtual programs. Funds granted to a district shall not exceed those that would have otherwise been distributed based on average daily attendance during regular instructional days.

History. Enact. Acts 2012, ch. 40, § 2, effective July 12, 2012; 2017 ch. 80, § 11, effective June 29, 2017; 2017 ch. 156, § 13, effective April 10, 2017; 2017 ch. 177, § 10, effective June 29, 2017; 2020 ch. 112, § 12, effective July 15, 2020.

Legislative Research Commission Notes.

(7/12/2012). The internal numbering of subsection (3)(b) of this statute has been modified by the Reviser of Statutes from the way it appeared in 2012 Ky. Acts ch. 40, sec. 2, under the authority of KRS 7.136(1). The words in the text were not changed.

160.110. Time, place and method of conducting election. [Repealed.]

Compiler’s Notes.

This section (4399-8) was repealed by Acts 1956, ch. 237, § 7.

160.120. Duties of subdistrict trustee generally. [Repealed.]

Compiler’s Notes.

This section (4399-11) was repealed by Acts 1956, ch. 237, § 7.

160.130. Nomination of teachers in subdistricts. [Repealed.]

Compiler’s Notes.

This section (4399-9) was repealed by Acts 1956, ch. 237, § 7.

160.140. Vacancy in office of subdistrict trustee; how filled. [Repealed.]

Compiler’s Notes.

This section (4399-10) was repealed by Acts 1956, ch. 237, § 7.

160.150. Tax levies in subdistricts; limitation and election on. [Repealed.]

Compiler’s Notes.

This section (4399-6, 4399-12, 4399-12a) was repealed by Acts 1946, ch. 36, § 3.

160.151. Criminal background checks and clear CA/N checks for certified employees, student teachers, and others in private, parochial, and church schools — New checks permitted every five years — Fingerprinting — Disclosure — Employment of offenders by nonpublic schools — Forms.

      1. A private, parochial, or church school that has voluntarily been certified by the Kentucky Board of Education in accordance with KRS 156.160(3) may require a national and state criminal background check and require a clear CA/N check, as defined in KRS 160.380 , on all new certified hires in the school and student teachers assigned to the school and may require a new national and state criminal background check and require a clear CA/N check on each certified teacher once every five (5) years of employment. (1) (a) 1. A private, parochial, or church school that has voluntarily been certified by the Kentucky Board of Education in accordance with KRS 156.160(3) may require a national and state criminal background check and require a clear CA/N check, as defined in KRS 160.380 , on all new certified hires in the school and student teachers assigned to the school and may require a new national and state criminal background check and require a clear CA/N check on each certified teacher once every five (5) years of employment.
      2. Certified individuals who were employed in another certified position in a Kentucky school within six (6) months of the date of the hire and who had previously submitted to a national and state criminal background check and were required to have a clear CA/N check for previous employment may be excluded from the initial national or state criminal background checks.
    1. The national criminal history background check shall be conducted by the Federal Bureau of Investigation. The state criminal history background check shall be conducted by the Department of Kentucky State Police or the Administrative Office of the Courts.
    2. All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The fingerprint cards shall be forwarded to the Federal Bureau of Investigation by the Department of Kentucky State Police after a state criminal background check has been conducted. Any fee charged by the Department of Kentucky State Police, the Administrative Office of the Courts, or the Federal Bureau of Investigation shall be an amount no greater than the actual cost of processing the request and conducting the search.
    1. If a school requires a criminal background check or requires a clear CA/N check for a new hire, the school shall conspicuously include the following disclosure statement on each application or renewal form provided by the employer to an applicant for a certified position: “STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK AND A LETTER FROM THE CABINET FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT IS CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND NEGLECT RECORDS AS A CONDITION OF EMPLOYMENT FOR THIS TYPE OF POSITION.” (2) (a) If a school requires a criminal background check or requires a clear CA/N check for a new hire, the school shall conspicuously include the following disclosure statement on each application or renewal form provided by the employer to an applicant for a certified position: “STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK AND A LETTER FROM THE CABINET FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT IS CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND NEGLECT RECORDS AS A CONDITION OF EMPLOYMENT FOR THIS TYPE OF POSITION.”
    2. The school or school board may require an adult who is permitted access to school grounds on a regularly scheduled and continuing basis pursuant to a written agreement for the purpose of providing services directly to a student or students as part of a school-sponsored program or activity, a volunteer, or a visitor to submit to a national criminal history check by the Federal Bureau of Investigation and state criminal history background check by the Department of Kentucky State Police or Administrative Office of the Courts and require a clear CA/N check.
    3. Any request for records from the Department of Kentucky State Police under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police if required. The results of the state criminal background check and the results of the national criminal history background check, if requested, shall be sent to the hiring superintendent. If a background check of child abuse and neglect records is requested, the person seeking employment shall provide to the hiring superintendent a clear CA/N check.
    4. Any fee charged by the Department of Kentucky State Police shall be an amount no greater than the actual cost of processing the request and conducting the search.
    1. A nonpublic school voluntarily implementing the provisions of this chapter may choose not to employ any person who is a violent offender as defined by KRS 17.165 (2), has been convicted of a sex crime which is classified as a felony as defined by KRS 17.165 (1), or has committed a violent crime as defined in KRS 17.165(3) or persons with a substantiated finding of child abuse or neglect in records maintained by the Cabinet for Health and Family Services. A nonpublic school may employ, at its discretion, persons convicted of sex crimes classified as a misdemeanor. (3) (a) A nonpublic school voluntarily implementing the provisions of this chapter may choose not to employ any person who is a violent offender as defined by KRS 17.165(2), has been convicted of a sex crime which is classified as a felony as defined by KRS 17.165(1), or has committed a violent crime as defined in KRS 17.165(3) or persons with a substantiated finding of child abuse or neglect in records maintained by the Cabinet for Health and Family Services. A nonpublic school may employ, at its discretion, persons convicted of sex crimes classified as a misdemeanor.
    2. If a school term has begun and a certified position remains unfilled or if a vacancy occurs during a school term, a nonpublic school implementing this chapter may employ an individual who will have supervisory or disciplinary authority over minors on probationary status pending receipt of a criminal history background check or the receipt of a clear CA/N check, provided by the individual.
    3. Employment at a nonpublic school implementing this chapter may be contingent on the receipt of a criminal history background check documenting a record as a violent offender, of a sex crime, or of a violent crime as defined in KRS 17.165 or the receipt of a clear CA/N check, provided by the individual.
    4. Nonpublic schools implementing this chapter may terminate probationary employment under this section upon receipt of a criminal history background check documenting a record as a violent offender, of a sex crime, or of a violent crime as defined in KRS 17.165 or the receipt of a clear CA/N check.
  1. The form for requesting a clear CA/N check shall be made available on the Cabinet for Health and Family Services Web site.

History. Enact. Acts 2002, ch. 285, § 1, effective July 15, 2002; 2006, ch. 182, § 17, effective July 12, 2006; 2007, ch. 85, § 168, effective June 26, 2007; 2010, ch. 111, § 1, effective July 15, 2010; 2017 ch. 115, § 2, effective July 1, 2018; 2019 ch. 31, § 2, effective June 27, 2019.

Legislative Research Commission Notes.

(6/27/2019). Under the authority of KRS 7.136(1), the Reviser of Statutes has relettered the paragraphs in subsection (2) of this statute. No words were changed in this process.

Community Schools

160.155. Definitions for KRS 160.157.

As used in KRS 160.157 , unless the context otherwise requires:

  1. “Board” means the board of education of a local school district;
  2. “Community school” means a school that makes its facilities available for citizen use, coordinates activities of local citizens in identifying program needs and establishing priorities, identifies and utilizes available program resources, and assists in the initiation of programs to improve the cultural, social, recreational, and educational opportunities available in a community;
  3. “Community education program” means a program in which a public building, including a public elementary or secondary school, is used as a community center operated by a local education agency in cooperation with other groups in the community, community organizations, and local governmental agencies to provide educational, recreational, cultural, health care, and other related community services in accordance with the needs, interests, and concerns of the community; and
  4. “Community education director” means an employee of a local school district who is responsible for a countywide program of community education in a school district or school districts.

History. Enact. Acts 1982, ch. 107, § 1, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 423, effective July 13, 1990; 2009, ch. 42, § 1, effective June 25, 2009.

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 107, § 1, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 423, effective July 13, 1990.

160.156. State plan for community education — Grant program.

  1. The Kentucky Board of Education shall develop a state plan for community education which sets forth the goals and objectives of the program and establishes a system of priorities for targeting available resources on the areas with the greatest need.
  2. The Kentucky Department of Education shall administer a grant program pursuant to KRS 160.155 and 160.157 to provide money to local school districts to employ one (1) full-time community education director to plan and manage programs and services for community education that are targeted to the greatest educational needs in the community and to encourage cooperation among all local school districts in a county. Funds shall also be used to provide professional development training to all state-funded community education directors.
  3. Funds appropriated for this purpose shall be distributed by the Kentucky Department of Education through a grant process. Districts shall provide a twenty-five percent (25%) cash match in order to receive state community education funding.

History. Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 25, effective October 18, 1985; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 424, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 428, § 2, effective July 15, 1998; 2009, ch. 42, § 2, effective June 25, 2009.

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 25, effective October 18, 1985) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 424, effective July 13, 1990.

160.157. Funding of community schools.

  1. A public school district may receive funding for a community school program if it meets all of the following criteria:
    1. Submits an application for approval by the Kentucky Board of Education in the manner and form prescribed by the Department of Education;
    2. Submits a plan, approved by the local board, which outlines the proposed community education program, including procedures for obtaining the involvement and cooperation of other agencies and groups in identifying and recommending programs for meeting locally determined needs;
    3. Establishes a council with the power to make district-wide decisions of policy to assist in conducting community needs assessments and recommending program priorities;
    4. Employs one (1) full-time community education director.
  2. Two (2) or more school districts may combine for purposes of qualifying for state funds if the local districts identify a district of record for purposes of receiving state community education funds, maintaining records, and filing reports. Two (2) or more districts in the same county that wish to apply for state funds shall submit a joint proposal.
  3. Each grantee receiving state funds for a community education program shall submit an annual report to the Kentucky Department of Education. The report shall include an evaluation of the program and a financial statement. Failure to submit the report shall result in the loss of state funding.

History. Enact. Acts 1982, ch. 107, § 2, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 425, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 428, § 3, effective July 15, 1998; 2009, ch. 42, § 3, effective June 25, 2009.

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 107, § 2, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 425, effective July 13, 1990.

160.158. Council for Community Education — Membership — Bylaws — Officers — Meetings — Reimbursement of expenses.

  1. A state Council for Community Education shall be established for the purpose of advising the commissioner of education and the Department of Education on issues relating to community education programs and making recommendations for the funding of local community education programs.
  2. The council shall have a membership of fifteen (15) persons, appointed by the Governor. Membership may include, but not be limited to, representatives of the following groups:
    1. Civic organizations;
    2. Community-based organizations;
    3. Community education organizations;
    4. Local government;
    5. Local school district administrators;
    6. Parent organizations;
    7. Postsecondary education;
    8. School boards; and
    9. Teachers.
  3. In the event of a vacancy on the council, the Kentucky Community Education Association and the commissioner or his or her designee for community education shall work jointly to create a list of at least three (3) nominees to present to the Governor for consideration. If more than one (1) vacancy exists on the council at the same time, the committee shall submit a number of nominees equal to three (3) times the number of vacancies. The Governor may select the appointee from among the nominees.
  4. The commissioner of education or the commissioner’s designee shall convene the first meeting of the council for the purpose of establishing the bylaws of the council and electing officers to include: chairman, vice chairman, and secretary. The council shall schedule all subsequent meetings.
  5. The council shall not meet more than four (4) times annually. Members may be reimbursed for expenses but shall not receive a per diem allowance.

History. Enact. Acts 1998, ch. 428, § 1, effective July 15, 1998; 2019 ch. 178, § 1, effective June 27, 2019.

Public Charter Schools

160.1590. Definitions for KRS 160.1590 to 160.1599.

As used in KRS 160.1590 to 160.1599 :

  1. “Achievement academy” has the same meaning as “public charter school”;
  2. “Achievement gap” means the difference between performance goals and actual performance on state standardized examinations and other academic performance measures for subgroups of students, especially groups defined by socioeconomic status, race, and ethnicity;
  3. “Applicant” means an eligible person or persons, organization, or entity that seeks approval from a charter school authorizer to establish a public charter school;
  4. “Charter application” means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status;
  5. “Charter contract” or “contract” means a fixed-term, renewable contract between a charter school and an authorizer that identifies the roles, powers, responsibilities, and performance expectations for each party to the contract pursuant to KRS 160.1596 ;
  6. “Charter school board of directors” means the independent board of a public charter school that is party to the charter contract with the authorizer and whose members have been elected or selected pursuant to the school’s application;
  7. “Conversion public charter school” means a public charter school that existed as a noncharter public school prior to becoming a public charter school;
  8. “Education service provider” means an education management organization, school design provider, or any other partner entity with which a public charter school contracts for educational design, implementation, or comprehensive management;
  9. “Local school board” means a school board exercising management and control of a local school district;
  10. “Local school district” means a county or independent school district as identified in KRS 160.010 and 160.020 ;
  11. “Parent” means a parent, guardian, or other person or entity having legal custody of a child;
  12. “Public charter school” means a public school that:
    1. Is a public body corporate and politic, exercising public power, including the power in name to contract and be contracted with, sue and be sued, and adopt bylaws not inconsistent with this section;
    2. Has autonomy over decisions, including but not limited to matters concerning finance, personnel, scheduling, curriculum, and instruction;
    3. Is governed by an independent board of directors;
    4. Is established and operating under the terms of a charter contract between the public charter school’s board of directors and its authorizer;
    5. Is a public school to which parents choose to send their children;
    6. Is a public school that admits students on the basis of a random and open lottery if more students apply for admission than can be accommodated;
    7. Offers a comprehensive instructional program within a public school district;
    8. Operates in pursuit of a specific set of educational objectives as defined in its charter contract; and
    9. Operates under the oversight of its authorizer in accordance with its charter contract;
  13. “Public charter school authorizer” or “authorizer” means an entity or body that reviews, approves, or denies charter applications, enters into charter contracts with applicants, oversees public charter schools, and renews, does not renew, or revokes charter contracts. Authorizers include:
    1. A local school board of a local school district in which a public charter school is located;
    2. A collaborative among local school boards that forms to set up a regional public charter school to be located within the area managed and controlled by those local school boards;
    3. The mayor of a consolidated local government who may only authorize public charter schools to be physically located within the county in which the city is located and who has submitted a written notice to the state board that he or she intends to serve as an authorizer; and
    4. The chief executive officer of an urban-county government who may only authorize public charter schools to be physically located within the county in which the city is located and who has submitted a written notice to the state board that he or she intends to serve as an authorizer;
  14. “Qualified teacher” means a person certified by the Education Professional Standards Board pursuant to KRS 161.028 , 161.030 , 161.046 , or 161.048 ;
  15. “Regional achievement academy” means a public charter school that has been established to serve students across multiple school districts;
  16. “Regional achievement zone” means one (1) county containing four (4) or more local school districts or two (2) or more contiguous counties, each containing four (4) or more local school districts;
  17. “Start-up public charter school” means a public charter school that did not exist as a noncharter public school prior to becoming a public charter school;
  18. “State board” means the Kentucky Board of Education;
  19. “Student” means any child who is eligible for attendance in a public school in Kentucky; and
  20. “Virtual public charter school” means a public charter school that offers educational services primarily or completely through an online program.

HISTORY: 2017 ch. 102, § 1, effective June 29, 2017; 2020 ch. 112, § 9, effective July 15, 2020.

160.1591. Legislative findings and declarations — Public charter school project.

  1. The General Assembly hereby finds and declares that:
    1. Reducing achievement gaps in Kentucky is necessary for the state to realize its workforce and economic development potential;
    2. Past and current measures have been insufficient for making progress toward reducing the state’s achievement gaps;
    3. Additional public school options are necessary to help reduce socioeconomic, racial, and ethnic achievement gaps; and
    4. The demand exists for high-quality public charter schools in the Commonwealth.
  2. The General Assembly hereby establishes a public charter school project to benefit parents, teachers, and community members by creating new, innovative, and more flexible ways of educating all children within the public school system and by advancing a renewed commitment to the mission, goals, and diversity of public education. The purposes of the public charter school initiative are to:
    1. Improve student learning outcomes by creating additional high-performing schools with high standards for student performance;
    2. Encourage the use of different, high-quality models of teaching, governing, scheduling, or other aspects of schooling that meet a variety of student needs;
    3. Close achievement gaps for low-performing groups of public school students;
    4. Allow schools freedom and flexibility in exchange for exceptional levels of results-driven accountability;
    5. Increase high-quality educational opportunities within the public education system for all students, especially those at risk of academic failure; and
    6. Provide students, parents, community members, and local entities with expanded opportunities for involvement in the public education system.
  3. Beginning in academic year 2017-2018, any authorizer may authorize an unlimited number of public charter schools within the boundary of the local school district.
  4. A public charter school shall not be a virtual public charter school.
    1. A public charter school authorized by a local school board or collaborative may enroll students who reside within the boundaries of the district or districts represented by the local school board or collaborative. (5) (a) A public charter school authorized by a local school board or collaborative may enroll students who reside within the boundaries of the district or districts represented by the local school board or collaborative.
    2. Enrollment preference for a conversion public charter school shall be given to students who attended the school the previous school year. If the number of students enrolled does not exceed the capacity of the school, secondary preference shall be given to students who reside within the district boundary in which the public charter school is located.
    3. Enrollment preference for public charter schools shall be given to students enrolled in the public charter school the previous year and to siblings of students already enrolled in the school. An enrollment preference for returning students shall exclude those students from entering into a lottery, as identified in paragraph (f) of this subsection.
    4. Enrollment preference may be given to the children of the public charter school’s board of directors and full-time employees of the public charter school provided they constitute no more than ten percent (10%) of the total student population.
    5. A public charter school may allow an enrollment preference for students who meet federal eligibility requirements for free or reduced-price meals and students who attend persistently low-achieving noncharter public schools.
    6. If capacity is insufficient to enroll all students who wish to attend any specific grade level or program at a public charter school, the school shall select students through a randomized and transparent lottery.
    1. A public charter school established within the boundaries of a regional achievement zone shall be a regional achievement academy. (6) (a) A public charter school established within the boundaries of a regional achievement zone shall be a regional achievement academy.
      1. A regional achievement academy may be authorized by a single local school board within the regional achievement zone or by a collaborative of local school boards within the regional achievement zone. (b) 1. A regional achievement academy may be authorized by a single local school board within the regional achievement zone or by a collaborative of local school boards within the regional achievement zone.
      2. A regional achievement academy authorized by a single local school board shall be located within the boundaries of the authorizing local school district.
      3. A regional achievement academy authorized by a collaborative of local school boards shall be located within the regional achievement zone.
    2. A regional achievement academy may only enroll students who reside within the boundaries of its regional achievement zone.
    3. Enrollment preference in a regional achievement academy may be given to students who reside within the boundaries of the local school district where the regional achievement academy is located.
  5. Consistent with the requirements of KRS 160.1590 to 160.1599 and 161.141 , the state board shall promulgate administrative regulations to guide student application, lottery, and enrollment in public charter schools.

HISTORY: 2017 ch. 102, § 2, effective June 29, 2017; 2020 ch. 112, § 10, effective July 15, 2020.

160.1592. Public charter schools part of state’s public education system — Exemption from laws and regulations — School requirements — Enrollment option information for parents — Board of directors — Buildings and grounds, liability insurance, and other undertakings — Requirement to be nonsectarian and nondiscriminatory — Authorized grade levels — Programs and services for students with disabilities — Participation in athletic, academic, and other programs — Single-sex public charter schools permitted — Amendments to charter contract — Acceptance of credits earned and grades received in public charter school — Leave of absence to teach in public charter school.

  1. A public charter school shall be part of the state’s system of public education but shall be exempt from all statutes and administrative regulations applicable to the state board, a local school district, or a school, except the public charter school shall adhere to the same health, safety, civil rights, and disability rights requirements as are applied to all public schools and to all requirements otherwise identified in KRS 160.1590 to 160.1599 and 161.141 .
  2. A public charter school may elect to comply with any one (1) or more provisions of any state statute or administrative regulation.
  3. A public charter school shall:
    1. Be governed by a board of directors;
    2. Be established and operate in pursuit of a specific set of educational objectives as defined in the charter contract between the school’s board of directors and its authorizer;
    3. Ensure students meet compulsory attendance requirements under KRS 158.030 and 158.100 ;
    4. Hire only qualified teachers to provide student instruction;
    5. Ensure high school course offerings meet or exceed the minimum required under KRS 156.160 for high school graduation;
    6. Design its education programs to meet or exceed the student performance standards adopted by the Kentucky Board of Education;
    7. Ensure students’ participation in required state assessment of student performance, as required under KRS 158.6453 ;
    8. Adhere to all generally accepted accounting principles and adhere to the same financial audits, audit procedures, and audit requirements as are applied to other public schools under KRS 156.265 ;
    9. Utilize the same system for reporting student information data and financial data as is utilized by other school districts across the state;
    10. Require criminal background checks for staff and volunteers, including members of its governing board, as required of all public school employees and volunteers within the public schools specified in KRS 160.380 and 161.148 ;
    11. Comply with open records and open meeting requirements under KRS Chapter 61;
    12. Comply with purchasing requirements and limitations under KRS Chapter 45A and KRS 156.074 and 156.480 , or provide to the public charter school board of directors a detailed monthly report of school purchases over ten thousand dollars ($10,000), including but not limited to curriculum, furniture, and technology;
    13. Provide instructional time that is at least equivalent to the student instructional year specified in KRS 158.070 ;
    14. Provide data to the Kentucky Department of Education and the authorizer as required by the Kentucky Department of Education or authorizer to generate a school report card under KRS 158.6453 ;
    15. Operate under the oversight of its authorizer in accordance with its charter contract and application;
    16. As a public body corporate, have all the powers necessary for carrying out the terms of its charter contract, including the power to:
      1. Receive and disburse funds for school purposes;
      2. Secure appropriate insurance and enter into contracts and leases;
      3. Contract with an education service provider, provided the board of directors of the public charter school retains oversight and authority over the school;
      4. Incur debt in reasonable anticipation of the receipt of public or private funds;
      5. Pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit;
      6. Solicit and accept any gifts or grants for school purposes, subject to applicable laws and the terms of its charter;
      7. Acquire real property for use as its facility or facilities, from public or private sources; and
      8. Employ or contract with other entities for the provision of teaching, professional, and support staff, as needed; and
    17. Conduct an admissions lottery if capacity is insufficient to enroll all students who wish to attend the school and ensure that every student has a fair opportunity to be considered in the lottery and that the lottery is competently conducted, equitable, randomized, transparent, impartial, and in accordance with targeted student population and service community as identified in KRS 160.1593(3) so that students are accepted in a public charter school without regard to ethnicity, national origin, religion, sex, income level, disabling condition, proficiency in the English language, or academic or athletic ability.
  4. For purposes of this subsection, a member of the board of directors of a public charter school shall be considered a board member under KRS 156.132 and an officer under KRS 61.040 and shall be removed from office under the provisions of those statutes.
  5. A local school district shall provide or publicize to parents and the general public information about public charter schools authorized by the local school district as an enrollment option within the district to the same extent and through the same means that the school district provides and publicizes information about noncharter public schools in the district.
  6. A local school district shall not assign or require any student enrolled in the local school district to attend a public charter school.
    1. For purposes of ensuring compliance with this section and the charter under which it operates, a public charter school shall be administered by a public charter school board of directors accountable to the authorizer in a manner agreed to in the charter contract, as negotiated between the public charter school applicant and the authorizer. (7) (a) For purposes of ensuring compliance with this section and the charter under which it operates, a public charter school shall be administered by a public charter school board of directors accountable to the authorizer in a manner agreed to in the charter contract, as negotiated between the public charter school applicant and the authorizer.
    2. The board of directors of a public charter school shall consist of a minimum of two (2) parents of students attending any public charter school operating under the direction of the board of directors.
    3. A member of the board of directors of a public charter school shall:
      1. Not be an employee of that school or of an education service provider that provides services to the school; and
      2. File full disclosure reports and identify any potential conflicts of interest, relationships with management organizations, and relationships with family members who are applying to or are employed by the public charter school or have other business dealings with the school, the management organization of the school, or any other public charter school and shall make these documents available online through the authorizer.
  7. Collectively, members of the board of directors shall possess expertise in leadership, curriculum and instruction, law, and finance.
    1. A board of directors may hold one (1) or more charter contracts. (9) (a) A board of directors may hold one (1) or more charter contracts.
    2. Each public charter school under contract with a board of directors shall be separate and distinct from any other public charter school under contract with the board of directors.
  8. The board of directors shall be responsible for the operation of its public charter school, including but not limited to preparation of a budget, contracting for services, school curriculum, and personnel matters.
  9. The board of directors shall:
    1. Ensure that all meetings of the board are publicized in advance according to the rules governing the authorizer and are open to the public at times convenient to parents; and
    2. Require any education service provider contracted with the board to provide a monthly detailed budget to the board.
    1. A public charter school may negotiate and contract with its authorizer or any third party for the use, operation, and maintenance of a building and grounds, liability insurance, and the provision of any service, activity, or undertaking that the public charter school is required to perform in order to carry out the educational program described in its charter. Any services for which a public charter school contracts with a school district shall be provided by the district at cost and shall be negotiated as a separate agreement after final charter contract negotiations. The public charter school shall have standing to sue and be sued in its own name for the enforcement of any contract under color of authority granted by KRS 160.1590 to 160.1599 . A public charter school may own, rent, or lease its space. (12) (a) A public charter school may negotiate and contract with its authorizer or any third party for the use, operation, and maintenance of a building and grounds, liability insurance, and the provision of any service, activity, or undertaking that the public charter school is required to perform in order to carry out the educational program described in its charter. Any services for which a public charter school contracts with a school district shall be provided by the district at cost and shall be negotiated as a separate agreement after final charter contract negotiations. The public charter school shall have standing to sue and be sued in its own name for the enforcement of any contract under color of authority granted by KRS 160.1590 to 160.1599 . A public charter school may own, rent, or lease its space.
    2. Any entity contracted to provide educational services or goods to a public charter school in an amount exceeding ten thousand dollars ($10,000) shall be subject to the Open Records Act under KRS Chapter 61 for all records associated with the public charter school contract.
  10. A public charter school shall be exempt from administrative regulations governing public schools for purposes of zoning and local land use regulation. The Finance and Administration Cabinet shall annually publish a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by the state and that may be suitable for the operation of a public charter school and shall provide the list to applicants for public charter schools and to existing public charter schools upon request.
  11. A public charter school shall be nonsectarian in its programs, admissions policies, employment practices, partnerships, and all other operations and shall not have entrance requirements or charge tuition or fees, except that a public charter school may require the payment of fees on the same basis and to the same extent as other public schools.
  12. A public charter school shall not discriminate against any student, employee, or any other person on the basis of ethnicity, religion, national origin, sex, disability, special needs, athletic ability, academic ability, or any other ground that would be unlawful if done by a public school.
  13. ) A public charter school shall serve one (1) or more of grades kindergarten through twelve (12) and shall limit admission to students within the grade levels served.
  14. A public charter school shall provide programs and services to a student with a disability in accordance with the student’s individualized education program and all federal and state laws, rules, and regulations. A public charter school shall deliver the services directly or contract with another provider to deliver the services. A public charter school shall establish an admissions and release committee at the school and the committee shall:
    1. Develop an individualized education program for each student with a disability; or
    2. Review, revise, or utilize a student’s individualized education program completed by the admissions and release committee of the student’s former school. If needed, the committee shall work collaboratively with staff from the student’s former school to review and revise a student’s existing individualized education program.
    1. A public charter school shall be eligible to participate in state-sponsored or district-sponsored interscholastic athletics, academic programs, competitions, awards, scholarships, and recognition programs for students, educators, administrators, and schools to the same extent as noncharter public schools. Participants shall comply with eligibility requirements of students enrolled in noncharter public schools. (18) (a) A public charter school shall be eligible to participate in state-sponsored or district-sponsored interscholastic athletics, academic programs, competitions, awards, scholarships, and recognition programs for students, educators, administrators, and schools to the same extent as noncharter public schools. Participants shall comply with eligibility requirements of students enrolled in noncharter public schools.
    2. A public charter school has no obligation to provide extracurricular activities or access to facilities for students enrolled in the public charter school.
    3. If a public charter school sponsors interscholastic athletic activities, students enrolled in the public charter school shall be considered eligible to participate in interscholastic competitions by the Kentucky Board of Education or the agency designated by the state board to manage interscholastic athletics, if other eligibility requirements are met. A student enrolled in a public charter school that sponsors an interscholastic athletic activity shall be ineligible to participate in that activity at any other school.
    4. If a public charter school does not offer any interscholastic athletic activity sanctioned by the Kentucky Board of Education or the agency designated by the state board to manage interscholastic athletics, a student enrolled in the public charter school shall be eligible to participate at the school the student would attend based on the student’s residence.
    5. If a public charter school offers any interscholastic athletic activity sanctioned by the Kentucky Board of Education or the agency designated by the state board to manage interscholastic athletics, a student enrolled in the public charter school shall be ineligible to participate in any interscholastic athletic activity at any other school.
  15. Nothing in this section shall be construed to prevent the establishment of a single-sex public charter school consistent with federal regulations or a public charter school designed to provide expanded learning opportunities for students at risk of academic failure or for students with special needs.
  16. The authorizer of a public charter school shall semiannually consider for approval a public charter school’s proposed amendments to a charter contract. The authorizer may consider requests for amendments more frequently upon mutual agreement between the authorizer and the public charter school. The denial of an amendment request is appealable pursuant to KRS 160.1595 .
  17. If a student who was previously enrolled in a public charter school enrolls in another public school located within the state, the new school shall accept any credits earned and grades received by the student in courses or instructional programs while enrolled in the public charter school in a uniform and consistent manner and according to the same criteria that are used to accept credits from other public schools.
  18. A teacher employed by a local board of education under a continuing service contract and offered employment with a public charter school shall be granted a two (2) year leave of absence to teach in a public charter school. The leave of absence shall commence on the first day of service to the public charter school. During the first or second year of the leave of absence, the teacher may notify the local board of education that the teacher intends to return to a teaching position in the local school district. The teacher shall be allowed to return to a teaching position in the local school district at the appropriate salary for the teacher’s years of experience and educational level. After two (2) years on leave, the relationship between the teacher and the local board of education shall be determined by the local board and the local board shall notify the teacher of the decision.

HISTORY: 2017 ch. 102, § 3, effective June 29, 2017.

160.1593. Application to establish public charter school — Submission to authorizer and state board — Required application information.

  1. An application to establish a public charter school may be submitted to a public charter school authorizer by teachers, parents, school administrators, community residents, public organizations, nonprofit organizations, or a combination thereof.
  2. An applicant shall submit an application for approval of a public charter school to an authorizer and simultaneously to the state board. Charter authorizers shall accept and document the date and time of receipt of all charter applications.
  3. The information provided in the application shall be consistent with this section and shall include:
    1. A mission statement and a vision statement for the public charter school, including the targeted student population and the community the school hopes to serve;
    2. A description of the school’s proposed academic program that is aligned with state standards, and that implements one (1) or more of the purposes described in KRS 160.1591 , and the instructional methods that will support the implementation and success of the program;
      1. The student achievement goals for the public charter school’s educational program and the chosen methods of evaluating whether students have attained the skills and knowledge specified for those goals; and (c) 1. The student achievement goals for the public charter school’s educational program and the chosen methods of evaluating whether students have attained the skills and knowledge specified for those goals; and
      2. An explanation of how the school’s proposed educational program is likely to improve the achievement of traditionally underperforming students in the local school district;
    3. The school’s plan for using external, internal, and state-required assessments to measure student progress on the performance framework as identified in KRS 160.1596 , and how the school will use data to drive instruction and continued school improvement;
    4. The proposed governance structure of the school, including a list of members of the initial board of directors, a draft of bylaws that include the description of the qualifications, terms, and methods of appointment or election of directors, and the organizational structure of the school that clearly presents lines of authority and reporting between the board of directors, school administrators, staff, any related bodies such as advisory bodies or parent and teacher councils, and any external organizations that will play a role in managing the school;
      1. Plans and timelines for student recruitment and enrollment, including policies and procedures for conducting transparent and random admission lotteries that are open to the public, and that are consistent with KRS 160.1591 and 160.1592 . (f) 1. Plans and timelines for student recruitment and enrollment, including policies and procedures for conducting transparent and random admission lotteries that are open to the public, and that are consistent with KRS 160.1591 and 160.1592 .
      2. An application shall demonstrate a plan to recruit at least one hundred (100) students, unless the application is focused on serving special needs or at-risk students;
    5. A proposed five (5) year budget, including the start-up year and projections for four (4) additional years with clearly stated assumptions;
    6. Draft fiscal and internal control policies for the public charter school;
    7. Requirements and procedures for programmatic audits and assessments at least once annually, with audits and assessments being comparable in scope to those required of noncharter public schools;
    8. A draft handbook that outlines the personnel policies of the public charter school, including the criteria to be used in the hiring of qualified teachers, school administrators, and other school employees, a description of staff responsibilities, and the school’s plan to evaluate personnel on an annual basis;
    9. A draft of the policies and procedures by which students may be disciplined, including students with disabilities, which shall be consistent with the requirements of due process and with state and federal laws and regulations governing the placement of students with disabilities;
    10. A description of the facilities to be used by the public charter school, including the location of the school, if known, and how the facility supports the implementation of the school’s academic program. If the facilities to be used by the proposed school are not known at the time the application is submitted, the applicant shall notify the authorizer within ten (10) business days of acquiring facilities for the school. The school shall obtain certification of occupancy for the facilities at least thirty (30) days prior to the first student instructional day;
    11. The proposed ages and grade levels to be served by the public charter school, including the planned, minimum, and maximum enrollment per grade per year;
    12. The school calendar and school day schedule, which shall total at least the equivalent to the student instructional year specified in KRS 158.070 ;
    13. Types and amounts of insurance coverage to be obtained by the public charter school, which shall include adequate insurance for liability, property loss, and the personal injury of students comparable to other schools within the local school district operated by the local school board;
    14. A description of the health and food services to be provided to students attending the school;
    15. Procedures to be followed in the case of the closure or dissolution of the public charter school, including provisions for the transfer of students and student records to the local school district in which the public charter school is located or to another charter school located within the local school district and an assurance and agreement to payment of net assets or equity, after payment of debts as specified in KRS 160.1598 ;
    16. A code of ethics for the school setting forth the standards of conduct expected of its board of directors, officers, and employees;
    17. Plans for recruiting and developing staff;
    18. A staffing chart for the school’s first year and a staffing chart for the term of the charter;
    19. A plan for parental and community involvement in the school, including the role of parents in the administration and governance of the school;
    20. The public charter school’s plan for identifying and successfully serving students with disabilities, students who are English language learners, bilingual students, and students who are academically behind and gifted, including but not limited to the school’s plan for compliance with all applicable federal and state laws and regulations;
    21. A description of cocurricular and extracurricular programs and how they will be funded and delivered;
    22. The process by which the school will resolve any disputes with the authorizer; and
    23. A detailed start-up plan, including financing, tasks, timelines, and individuals responsible for carrying out the plan.
  4. If the public charter school applicant intends to contract with an education service provider for educational program implementation or comprehensive management, the application shall additionally require the applicant to:
    1. Provide evidence of success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable;
    2. Provide student performance data and financial audit reports for all current and past public charter schools;
    3. Provide documentation of and explanation for any actions taken against any of its public charter schools for academic, financial, or ethical concerns;
    4. Provide evidence of current capacity for growth;
    5. Provide a term sheet setting forth:
      1. The proposed duration of the service contract;
      2. The annual proposed fees to be paid to the education service provider;
      3. The roles and responsibilities of the board of directors, the school staff, and the education service provider;
      4. The scope of services and resources to be provided by the education service provider;
      5. Performance evaluation measures and timelines;
      6. Compensation structure, including clear identification of all fees to be paid to the education service provider;
      7. Methods of contract oversight and enforcement;
      8. Investment disclosure; and
      9. Conditions for renewal and termination of the contract; and
    6. Disclose and explain any existing or potential conflicts of interest between the board of directors and the proposed education service provider or any affiliated business entities.

HISTORY: 2017 ch. 102, § 4, effective June 29, 2017.

160.1594. Public charter school authorizer — Duties — Application reviews and decisions — Criteria for approval — Explanation of decision — Final approval by commissioner of education — School board member charter authorization training.

  1. A public charter school authorizer shall:
    1. Fulfill the expectations and intent of this section and KRS 160.1590 to 160.1599 and 161.141 ;
    2. Demonstrate public accountability and transparency in all matters concerning its charter-authorizing practices, decisions, and expenditures;
    3. Solicit, invite, and evaluate applications from applicants;
    4. Approve new and renewal charter applications that meet the requirements of this section and KRS 160.1593 ;
    5. Decline to approve charter applications that:
      1. Fail to meet the requirements of this section and KRS 160.1593 ; or
      2. Are for a school that would be wholly or partly under the control or direction of any religious denomination;
    6. Negotiate and execute in good faith a charter contract with each public charter school it authorizes;
    7. Monitor the performance and compliance of public charter schools according to the terms of the charter contract;
    8. Determine whether each charter contract it authorizes merits renewal or revocation; and
    9. Establish and maintain policies and practices consistent with the principles and professional standards for authorizers of public charter schools, including standards relating to:
      1. Organizational capacity and infrastructure;
      2. Soliciting and evaluating applications;
      3. Performance contracting;
      4. Ongoing public charter school oversight and evaluation; and
      5. Charter approval, renewal, and revocation decision making.
  2. In reviewing applications, the public charter school authorizer is encouraged to give preference to applications that demonstrate the intent, capacity, and capability to provide comprehensive learning experiences to:
    1. Students identified by the applicants as at risk of academic failure; and
    2. Students with special needs as identified in their individualized education program as defined in KRS 158.281 .
  3. After a charter applicant submits a written application to establish a public charter school, the authorizer shall:
    1. Complete a thorough review process;
    2. Conduct an in-person interview with the applicant group;
    3. Provide an opportunity in a public forum for local residents to provide input and learn about the charter application;
    4. Provide a detailed analysis of the application to the applicant or applicants;
    5. Allow an applicant a reasonable time to provide additional materials and amendments to its application to address any identified deficiencies; and
    6. Approve or deny a charter application based on established objective criteria or request additional information.
  4. In deciding to approve a charter application, the authorizer shall:
    1. Grant charters only to applicants that possess competence in all elements of the application requirements identified in this section and KRS 160.1593 ;
    2. Base decisions on documented evidence collected through the application review process; and
    3. Follow charter-granting policies and practices that are transparent, based on merit, and avoid conflicts of interest.
  5. No later than sixty (60) days following the filing of the charter application, the authorizer shall approve or deny the charter application. The authorizer shall adopt by resolution all charter approval or denial decisions in an open meeting of the authorizer’s board of directors.
  6. Any failure to act on a charter application shall be deemed a denial by the authorizer.
  7. An application shall be approved if the public charter school authorizer finds that:
    1. The public charter school described in the application meets the requirements established by this section and KRS 160.1590 and 160.1592 ;
    2. The applicant demonstrates the ability to operate the school in an educationally and fiscally sound manner; and
    3. Approving the application is likely to improve student learning and achievement and further the purposes established by KRS 160.1591 .
  8. An authorizer shall provide a written explanation within five (5) days, for the public record, stating its reasons for approval or denial of a charter application, including a thorough explanation of how the charter application either meets or fails to meet established objective criteria for making charter application decisions, and the authorizing process which the authorizer used to review, evaluate, and make its final decision.
  9. An authorizer’s charter application approval shall be submitted to the Kentucky Department of Education for final approval by the commissioner of education.
  10. When an authorizer that is a local school board or a collaborative of local school boards receives a charter school application, any member of the board or boards who has not received charter authorization training within twelve (12) months immediately preceding the date the application was received shall receive six (6) hours of in-service training prior to evaluating the charter application. Except for training provided prior to July 15, 2020, the training shall be in addition to the annual in-service training required under KRS 160.180 , and each board shall select the trainer to deliver the training to its members. Charter authorizer training shall not be required of any local school board member until a charter application is submitted to the board or boards.

HISTORY: 2017 ch. 102, § 5, effective June 29, 2017; 2020 ch. 112, § 5, effective July 15, 2020.

160.1595. Appeal of approval or denial to state board — Judicial review — Report of reconsideration.

  1. The state board, upon receipt of a notice of appeal or upon its own motion, shall review decisions of any authorizer concerning the approval or denial of a public charter school application, the nonrenewal or revocation of a public charter school’s contract, the denial of a public charter school’s request to consider a charter amendment, or the unilateral imposition of conditions, in accordance with the provisions of this section.
  2. A charter applicant or approved public charter school who wishes to appeal a decision of an authorizer concerning a charter application, a charter amendment, or the nonrenewal or revocation of a charter, or the unilateral imposition of conditions, shall provide the state board and the authorizer with a notice of appeal within thirty (30) days after the authorizer’s decision. The person bringing the appeal shall limit the grounds of the appeal to the grounds for the denial of or the nonrenewal or revocation of a charter, or the unilateral imposition of conditions, whichever is being appealed, specified by the authorizer. The notice shall include a brief statement of the reasons the public charter school applicant or public charter school contends the authorizer’s denial of or nonrenewal or revocation of a charter, or imposition of conditions was in error.
  3. If the notice of appeal, or the motion to review by the state board, relates to an authorizer’s decision to deny, refuse to renew, or revoke a charter or to an authorizer’s unilateral imposition of conditions that are unacceptable to the charter applicant or public charter school, the appeal and review process shall be as follows:
    1. Within forty-five (45) days after receipt of the notice of appeal or the making of a motion to review by the state board and after reasonable public notice, the state board, at a public hearing which may be held in the school district in which the proposed public charter school has applied for a charter, shall review the decision of the authorizer and make its findings. If the state board finds that the authorizer’s decision was contrary to the best interest of the students or community, the state board shall remand such decision to the authorizer with written instructions for reconsideration thereof. The instructions shall include specific recommendations concerning the matters requiring reconsideration;
    2. Within thirty (30) days following the remand of a decision to the authorizer and after reasonable public notice, the authorizer, at a public hearing, shall reconsider its decision and make a final decision;
    3. If the authorizer’s final decision is still to deny, refuse to renew, or revoke a charter or to unilaterally impose conditions unacceptable to the charter applicant, a second notice of appeal may be filed with the State Board of Education within thirty (30) days following such final decision;
    4. Within thirty (30) days following receipt of the second notice of appeal or the making of a motion for a second review by the State Board of Education and after reasonable public notice, the state board, at a public hearing shall determine if the final decision of the authorizer was contrary to the best interest of the students or community. If such a finding is made, the state board shall remand such final decision to the authorizer with instructions to approve the charter application or amendment, or to renew or reinstate the charter, or to approve or disapprove conditions imposed. The decision of the state board shall be a final action subject to judicial review in the Circuit Court encompassing the school district in which the public charter school is located; and
    5. Charters granted to applicants by authorizers after a successful appeal to the state board, as outlined in paragraph (d) of this subsection, shall be provided joint oversight by the authorizer and the state board for, at a minimum, the first five (5) years of the school’s operation, and until the authorizer, state board, and public charter school agree that charter oversight may be provided solely by the authorizer. The state board shall be a formal participant in all authorizing decision making concerning the public charter school during that period, and shall be included in all communication between the public charter school and the authorizer.
    1. Within ten (10) days of taking action to approve or deny a charter application that has been remanded back to the authorizer for reconsideration, the authorizer shall notify the state board of the action taken. (4) (a) Within ten (10) days of taking action to approve or deny a charter application that has been remanded back to the authorizer for reconsideration, the authorizer shall notify the state board of the action taken.
    2. The authorizer shall provide a report to the charter applicant, the state board, and the Education and Workforce Development Cabinet simultaneously and shall include a copy of the resolution adopted by the authorizer’s board of directors identifying any action taken, the reason for the decision, and an assurance as to compliance with all of the procedural requirements and application elements found in this section and KRS 160.1591 and 160.1593 .

HISTORY: 2017 ch. 102, § 6, effective June 29, 2017.

160.1596. Board of directors of public charter schools — Required elements of charter contract with authorizer — Administrative regulations — Application for federal funds — Annual report by authorizer.

    1. For purposes of this section, a member of the board of directors of a public charter school shall be considered an officer under KRS 61.040 and shall, within sixty (60) days of final approval of an application, take an oath of office as required under KRS 62.010 . (1) (a) For purposes of this section, a member of the board of directors of a public charter school shall be considered an officer under KRS 61.040 and shall, within sixty (60) days of final approval of an application, take an oath of office as required under KRS 62.010 .
    2. Within seventy-five (75) days of the final approval of an application, the board of directors and the authorizer shall enter into a binding charter contract that establishes the academic and operational performance expectations and measures by which the public charter school will be evaluated.
    3. The executed charter contract shall become the final authorization for the public charter school. The charter contract shall include:
      1. The term of the contract;
      2. The agreements relating to each item required under KRS 160.1592(3) and 160.1593(3), as modified or supplemented during the approval process;
      3. The rights and duties of each party;
      4. The administrative relationship between the authorizer and the public charter school;
      5. The allocation of state, local, and federal funds, and the schedule to disburse funds to the public charter school by the authorizer;
      6. The process the authorizer will use to provide ongoing oversight, including a process to conduct annual site visits;
      7. The specific commitments of the public charter school authorizer relating to its obligations to oversee, monitor the progress of, and supervise the public charter school;
      8. The process and criteria the authorizer will use to annually monitor and evaluate the overall academic, operating, and fiscal conditions of the public charter school, including the process the authorizer will use to oversee the correction of any deficiencies found in the annual review;
      9. The process for revision or amendment to the terms of the charter contract agreed to by the authorizer and the board of directors of the public charter school;
      10. The process agreed to by the authorizer and the board of directors of the public charter school that identifies how disputes between the authorizer and the board will be handled; and
      11. Any other terms and conditions agreed to by the authorizer and the board of directors, including pre-opening conditions. Reasonable conditions shall not include enrollment caps or operational requirements that place undue constraints on a public charter school or are contradictory to the provisions of KRS 160.1590 to 160.1599 and 161.141 . Such conditions, even when incorporated in a charter contract, shall be considered unilaterally imposed conditions.
      1. The performance provisions within a charter contract shall be based on a performance framework that sets forth the academic and operational performance indicators, measures, and metrics to be used by the authorizer to evaluate each public charter school. The performance framework shall include at a minimum indicators, measures, and metrics for: (d) 1. The performance provisions within a charter contract shall be based on a performance framework that sets forth the academic and operational performance indicators, measures, and metrics to be used by the authorizer to evaluate each public charter school. The performance framework shall include at a minimum indicators, measures, and metrics for:
        1. Student academic proficiency;
        2. Student academic growth;
        3. Achievement gaps in both student proficiency and student growth for student subgroups, including race, sex, socioeconomic status, and areas of exceptionality;
        4. Student attendance;
        5. Student suspensions;
        6. Student withdrawals;
        7. Student exits;
        8. Recurrent enrollment from year to year;
        9. College or career readiness at the end of grade twelve (12);
        10. Financial performance and sustainability; and
        11. Board of directors’ performance and stewardship, including compliance with all applicable statutes, administrative regulations, and terms of the charter contract.
      2. The performance framework shall allow the inclusion of additional rigorous, valid, and reliable indicators proposed by a public charter school to augment external evaluations of its performance. The proposed indicators shall be consistent with the purposes of KRS 160.1590 to 160.1599 and 161.141 and shall be negotiated with the authorizer.
      3. The performance framework shall require the disaggregation of student performance data by subgroups, including race, sex, socioeconomic status, and areas of exceptionality.
      4. The authorizer shall be responsible for collecting, analyzing, and reporting to the state board all state-required assessment and achievement data for each public charter school it oversees.
    4. Annual student achievement performance targets shall be set, in accordance with the state accountability system, by each public charter school in conjunction with its authorizer, and those measures shall be designed to help each school meet applicable federal, state, and authorizer goals.
    5. The charter contract shall be signed by the chair of the governing board of the authorizer and the chair of the board of directors of the public charter school. An approved charter application shall not serve as a charter contract for the public charter school.
    6. No public charter school may commence operations without a charter contract executed according to this section and approved in an open meeting of the governing board of the authorizer.
  1. Within five (5) days after entering into a charter contract, a copy of the executed contract shall be submitted by the authorizer to the commissioner of education.
  2. The state board shall promulgate administrative regulations to establish the process to be used to evaluate the performance of a charter school authorizer, based upon the requirements of KRS 160.1590 to 160.1599 and 161.141 , and the actions to be taken in response to failures in performance.
  3. The commissioner of education shall apply for financial assistance through the federal government for the planning, program design, and initial implementation of public charter schools in the state within sixty (60) days after June 29, 2017, or at the first available grant application period. Federal grants include but are not limited to the Charter Schools Program administered by the United States Department of Education.
  4. By August 31, 2019, and annually thereafter, each public charter school authorizer shall submit to the commissioner of education, the secretary of the Education and Workforce Development Cabinet, and the Interim Joint Committee on Education a report to include:
    1. The names of each public charter school operating under contract with the authorizer during the previous academic year that:
      1. Closed during or after the academic year; or
      2. Had the contract nonrenewed or revoked;
    2. The names of each public charter school operating under contract with the authorizer during the previous academic year that have not yet begun to operate;
    3. The number of applications received, the number reviewed, and the number approved;
    4. A summary of the academic and financial performance of each public charter school operated under contract with the authorizer during the previous academic year; and
    5. The authorizing duties and functions performed by the authorizer during the previous academic year.

HISTORY: 2017 ch. 102, § 7, effective June 29, 2017; 2020 ch. 112, § 11, effective July 15, 2020.

160.1597. Term of approved charter school contract — Contract between board of directors and authorizer’s governing body — Corporate powers — Prohibition against tax levies and use of eminent domain — Immunity from liability.

  1. Upon the approval of a charter contract by a public charter school authorizer, the applicant shall be permitted to operate a public charter school for a term of five (5) years.
  2. The board of directors of the public charter school shall negotiate and execute a charter contract with the governing body of the authorizer.
  3. A public charter school shall have all corporate powers necessary and desirable for carrying out a public charter school program in accordance with this section and the terms of the charter contract, including all of the powers of a local board of education and of a local school district, except as otherwise provided in KRS 160.1590 to 160.1599 .
  4. The powers granted to a public charter school under this section constitute the performance of essential public purposes and governmental purposes of this state. A public charter school shall be exempt to the same extent as other public schools from all taxation, fees, assessments, or special ad valorem levies on its earnings and its property. Instruments of conveyance to or from a public charter school and any bonds or notes issued by a public charter school, together with the income received, shall at all times be exempt from taxation.
  5. A public charter school shall not have the power to levy taxes or to acquire property by eminent domain, but shall have police powers to the same extent and under the same requirements as a local school district.
  6. The board of directors of the public charter school shall have final authority over policy and operational decisions of the public charter school, although the decision-making authority may be delegated to the administrators and staff of the school in accordance with the provisions of the charter contract.
  7. Notwithstanding any other statute to the contrary, no civil liability shall attach to any public charter school authorizer or to any of its members or employees, individually or collectively, for any acts or omissions of the public charter school. Neither the local school district nor the Commonwealth shall be liable for the debts or financial obligations of a public charter school or any person or corporate entity who operates a public charter school.

HISTORY: 2017 ch. 102, § 8, effective June 29, 2017.

160.1598. Renewal or nonrenewal of charter contract — School performance report — Reasons for nonrenewal or revocation — Administrative regulations — Report of action taken and reason for decision — School closure protocol.

  1. A charter contract may be renewed by the authorizer for a term of duration of five (5) years, although the authorizer may vary the term to as few as three (3) years. Any variation in the public charter school’s term must be solely based on the performance, demonstrated capacities, and particular circumstances of a public charter school. Authorizers may grant renewal with specific conditions for necessary improvements to a public charter school, but may not impose conditions inconsistent with KRS 160.1590 to 160.1599 .
    1. No later than one (1) calendar year prior to the expiration date of a charter contract, an authorizer shall issue a public charter school performance report and charter renewal application guidance to the public charter school it authorized. The performance report shall summarize the school’s performance record to date, based on the performance framework required under KRS 160.1596 and the charter contract, and shall provide notice of any weaknesses or concerns related to the school that may jeopardize its position in seeking renewal if not timely rectified and of any strengths or achievements that support its position in seeking renewal. (2) (a) No later than one (1) calendar year prior to the expiration date of a charter contract, an authorizer shall issue a public charter school performance report and charter renewal application guidance to the public charter school it authorized. The performance report shall summarize the school’s performance record to date, based on the performance framework required under KRS 160.1596 and the charter contract, and shall provide notice of any weaknesses or concerns related to the school that may jeopardize its position in seeking renewal if not timely rectified and of any strengths or achievements that support its position in seeking renewal.
    2. The school shall have twenty (20) days to respond to the performance report and submit any corrections or clarification for the report to the authorizer.
    3. Within ten (10) days of receiving a school’s response, the authorizer shall review the response and issue a final performance report to the school.
    1. The renewal application guidance shall, at a minimum, provide an opportunity for the public charter school to: (3) (a) The renewal application guidance shall, at a minimum, provide an opportunity for the public charter school to:
      1. Present additional evidence beyond the data contained in the performance report supporting its case for charter renewal;
      2. Describe improvements undertaken or planned for the school; and
      3. Detail the school’s plan for the next charter term.
    2. The renewal application guidance shall include or refer explicitly to the criteria that will guide the authorizer’s renewal decisions, which shall be based on the performance framework as identified in the charter contract.
    1. No later than six (6) months prior to the expiration date of a charter contract, the board of directors of a public charter school seeking charter contract renewal shall submit a renewal application to the authorizer pursuant to the renewal application guidance issued by the authorizer. (4) (a) No later than six (6) months prior to the expiration date of a charter contract, the board of directors of a public charter school seeking charter contract renewal shall submit a renewal application to the authorizer pursuant to the renewal application guidance issued by the authorizer.
    2. The authorizer shall rule by resolution on the renewal application no later than thirty (30) days after receipt of the application.
  2. In making charter application, renewal, or other appealable decisions, an authorizer shall:
    1. Make its decision within established timeframes. Any failure of the authorizer to act on a charter application, renewal, or other appealable decision shall be deemed a denial of the requested action and thereafter be subject to appeal;
    2. Base its decision on evidence of the public charter school’s performance over the term of the charter contract in accordance with the performance framework required in the charter contract;
    3. Ensure that data used in making renewal decisions is available to the public charter school and the public; and
    4. Provide a public report summarizing the evidence basis for each decision.
  3. A charter contract may not be renewed if the authorizer determines that the public charter school has:
    1. Committed a material violation of any of the terms, conditions, standards, or procedures required under KRS 160.1590 to 160.1566 and 161.141 or the charter contract, and has persistently failed to correct the violation after fair and specific notice from the authorizer;
    2. Failed to meet or make significant progress toward the performance expectations identified in the charter contract;
    3. Failed to meet generally accepted standards of fiscal management, and has failed to correct the violation after fair and specific notice from the authorizer; or
    4. Substantially violated any material provision of law from which the public charter school was not exempted and has failed to correct the violation after fair and specific notice from the authorizer.
  4. An authorizer may take immediate action to revoke a charter contract if a violation threatens the health and safety of the students of the public charter school.
  5. The State Board of Education shall promulgate administrative regulations establishing a revocation and nonrenewal process for charter authorizers that:
    1. Provides the charter holder with a timely notification of the prospect of revocation or nonrenewal and of the reasons for such possible closure;
    2. Allows a charter holder a reasonable time in which to prepare a response;
    3. Provides the charter holder with an opportunity to submit documentation and provide testimony challenging the rationale behind the closure and in support of the continuation of the school at an orderly proceeding held for that purpose;
    4. Allows the charter holder the right to representation by counsel and to call witnesses on behalf of the charter holder;
    5. Permits the recording of such proceedings; and
    6. After a reasonable period of deliberation, requires a final determination be made and conveyed in writing to the charter holder.
  6. If an authorizer revokes or does not renew a contract, the authorizer shall clearly state, in a resolution of its governing board the reason for the revocation or nonrenewal.
  7. Within ten (10) days of taking action to renew, not renew, or revoke a charter, the authorizer shall report to the state board the action taken, and shall provide a report to the public charter school at the same time the report is issued to the state board. The report shall include a copy of the resolution adopted by the authorizer’s governing board describing the action taken and reasons for the decision and assurance as to compliance with all of the procedural requirements and application elements found in KRS 160.1593 .
  8. An authorizer shall develop a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the authorizer. If a public charter school closes for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol. If a public charter school is subject to closure, following exhaustion of any appeal allowed under KRS 160.1595 , an authorizer may remove at will at any time any or all of the members of the board of directors of the public charter school in connection with ensuring a smooth and orderly closure. If the authorizer removes members of the board of directors such that the board of directors can no longer function, the authorizer shall be empowered to take any further necessary and proper acts connected with closure of the public charter school in the name and interest of the public charter school.

HISTORY: 2017 ch. 102, § 9, effective June 29, 2017.

160.1599. Conversion of public noncharter school to public charter school — Establishment requirements — Administrative regulations — Governance — Enrollment requirements — Employees — Collective bargaining — School facilities.

  1. An existing public school not scheduled for closure may be converted into a public charter school and be identified as a conversion public charter school if an applicant indicates to a valid authorizer the intent to convert an existing public school into a conversion public charter school.
  2. A conversion public charter school may only be established if:
    1. A school has been identified by the Kentucky Department of Education as performing in the lowest five percent (5%) of its level and sixty percent (60%) of the parents or guardians of students who attend the school have signed a petition requesting the conversion, which shall be completed and submitted to a valid authorizer no later than ninety (90) days after the date of the first signature;
    2. A school has been identified by the Kentucky Department of Education as not performing in the lowest five percent (5%) of its level and sixty percent (60%) of the parents or guardians of students who attend the school have signed a petition requesting the conversion, which is approved by a majority vote of the local school board. If approved the completed petition shall be submitted to a valid authorizer no later than ninety (90) days after the date of the first signature; or
    3. The local school board votes to convert an existing public school over which it has authority.
  3. For each conversion option identified in subsection (2) of this section, the Kentucky Board of Education shall promulgate administrative regulations to govern the processes and procedures for the petition, the conversion, and the operation of a conversion public charter school.
  4. A conversion public charter school shall be governed by a board of directors constituted and empowered as provided in KRS 160.1592 .
  5. A conversion public charter school shall continue to comply with all federal and state requirements concerning the treatment of children with special needs and accept all students who attended the school prior to its conversion who wish to attend.
  6. A conversion public charter school shall hire its own employees.
  7. An employee who works in a conversion public charter school shall be an employee of the public charter school.
    1. For any collective bargaining agreement entered into on or after June 29, 2017, a governing board shall not be bound by its collective bargaining agreement for employees of a conversion public charter school. (8) (a) For any collective bargaining agreement entered into on or after June 29, 2017, a governing board shall not be bound by its collective bargaining agreement for employees of a conversion public charter school.
    2. Employees of a conversion public charter school may organize and collectively bargain only as a unit separate from other school employees.
  8. A conversion public charter school shall continue to be housed in the same public school facility and shall have the option of using the existing assets of the school.

HISTORY: 2017 ch. 102, § 10, effective June 29, 2017.

Boards of Education

160.160. Boards of education — Powers and procedures — Approval of Department of Education required for mortgages, leases — Rental payments under lease.

  1. Each school district shall be under the management and control of a board of education consisting of five (5) members, except in counties containing a city of the first class wherein a merger pursuant to KRS 160.041 shall have been accomplished which shall have seven (7) members elected from the divisions and in the manner prescribed by KRS 160.210(5), to be known as the “Board of Education of …, Kentucky.” Each board of education shall be a body politic and corporate with perpetual succession. It may sue and be sued; make contracts; expend funds necessary for liability insurance premiums and for the defense of any civil action brought against an individual board member in his official or individual capacity, or both, on account of an act made in the scope and course of his performance of legal duties as a board member; purchase, receive, hold, and sell property; issue its bonds to build and construct improvements; and do all things necessary to accomplish the purposes for which it is created. Each board of education shall elect a chairman and vice chairman from its membership in a manner and for a term prescribed by the board not to exceed two (2) years.
  2. No board of education shall participate in any financing of school buildings, school improvements, appurtenances thereto, or furnishing and equipment, including education technology equipment without:
    1. First establishing the cost of the project in advance of financing, based on the receipt of advertised, public, and competitive bids for such project, in accordance with KRS Chapter 424; and
    2. Establishing the cost of financing in advance of the sale of any bonds, certificates of participation in any leases, or other evidences of financial commitments issued by or on behalf of such board. Any bonds, leases, participations, or other financial arrangements shall not involve a final commitment of the board until the purchaser or lender involved shall have been determined by public advertising in accordance with KRS Chapter 424.
  3. No board of education shall make a mortgage, lien, or other encumbrance upon any school building owned by the board, or transfer title to any such school building as part of any financing arrangement, without the specific approval of the Department of Education, and without the transaction being entered into pursuant to a detailed plan or procedure specifically authorized by Kentucky statute.
  4. Without the approval of the Department of Education, no board may lease, as lessee, a building or public facility that has been or is to be financed at the request of the board or on its behalf through the issuance of bonds by another public body or by a nonprofit corporation serving as an agency and instrumentality of the board, or by a leasing corporation. Any lease, participation, or other financial arrangement shall not involve a final commitment of the board unless and until the purchaser or lender involved in same shall have been determined by public advertising in accordance with KRS Chapter 424. No transaction shall be entered into by the board except upon the basis of public advertising and competitive bidding in accordance with KRS Chapter 424.
  5. Rental payments due by a board under a lease approved by the Department of Education in accordance with subsection (4) of this section shall be due and payable not less than ten (10) days prior to the interest due date for the bonds, notes, or other debt obligations issued to finance the building or public facility. If a board fails to make a rental payment when due under a lease, upon notification to the Department of Education by the paying agent, bond registrar, or trustee for the bonds not less than three (3) days prior to the interest due date, the Department of Education shall withhold or intercept any funds then due the board to the extent of the amount of the required payment on the bonds and remit the amount to the paying agent, bond registrar, or trustee as appropriate. Thereafter, the Department of Education shall resolve the matter with the board and adjust remittances to the board to the extent of the amount paid by the Department of Education on the board’s behalf.
  6. Bonds, notes or leases negotiated to provide education technology shall not be sold for longer than seven (7) years or the useful life of the equipment as established by the state technology master plan, whichever is less.

History. 4399-17, 4399-18; amend. Acts 1974, ch. 224, § 2; 1978, ch. 11, § 1, effective February 24, 1978; 1982, ch. 59, § 1, effective July 15, 1982; 1988, ch. 421, § 1, effective July 15, 1988; 1990, ch. 476, Pt. II, § 88, effective July 13, 1990; 1992, ch. 195, § 7, effective April 3, 1992; 1994, ch. 288, § 1, effective July 15, 1994.

NOTES TO DECISIONS

  1. Nature of Board.
  2. Members.
  3. Powers and Authority.
  4. — To Sue and Be Sued.
  5. — — Actions by Board.
  6. — — Actions Against Board Members.
  7. — — Actions Against Board.
  8. — Interest on Judgment.
  9. — Sale and Conveyance of School Property.
  10. — Selection of School Sites.
  11. — Conducting of School System.
  12. — Punishment of Students.
  13. — Merger of Districts.
  14. Removal.
  15. Immunity.
1. Nature of Board.

A board, being a continuing body, cannot, following a change of members, rescind a prior sale on the mere ground that it was a bad bargain. Trustees of Congregational Church v. Evarts Graded Common School Dist., 230 Ky. 94 , 18 S.W.2d 887, 1929 Ky. LEXIS 25 ( Ky. 1929 ) (decided under prior law).

A city school board is a municipal corporation. Smith v. Board of Education, 23 F. Supp. 328, 1938 U.S. Dist. LEXIS 2170 (D. Ky. 1938 ).

A board of education is a taxing district or municipality. Lee v. Board of Education, 261 Ky. 379 , 87 S.W.2d 961, 1935 Ky. LEXIS 666 ( Ky. 1935 ); Smith v. Board of Education, 23 F. Supp. 328, 1938 U.S. Dist. LEXIS 2170 (D. Ky. 1938 ). But see Farson v. County Board of Education, 100 F.2d 974, 1939 U.S. App. LEXIS 4586 (6th Cir. Ky. 1939 ).

A county board of education is a “quasi municipal corporation” governed by rules applicable to strict municipalities. Board of Education v. Talbott, 286 Ky. 543 , 151 S.W.2d 42, 1941 Ky. LEXIS 283 ( Ky. 1941 ); Board of Education v. Society of Alumni, etc., 239 S.W.2d 931, 1951 Ky. LEXIS 907 ( Ky. 1951 ).

Since a county school board is neither the state nor its alter ego, U.S. Const., amend. XI, does not bar recovery of attorney’s fees against a county board of education in a suit challenging county school desegregation plans. Cunningham v. Grayson, 541 F.2d 538, 1976 U.S. App. LEXIS 7450 (6th Cir. Ky. 1976 ), cert. denied, 429 U.S. 1074, 97 S. Ct. 812, 50 L. Ed. 2d 792, 1977 U.S. LEXIS 2129 (U.S. 1977).

County board of education is a political body with a corporate structure and is entitled to the protection of Const., § 2. Reis v. Campbell County Bd. of Educ., 938 S.W.2d 880, 1996 Ky. LEXIS 130 ( Ky. 1996 ).

The local school boards, pursuant to KRS 160.160 , as well as the Kentucky Board of Education, pursuant to KRS 156.070 , have been established as state agencies through which the General Assembly implements its constitutional mandate to oversee public schools. Yanero v. Davis, 65 S.W.3d 510, 2001 Ky. LEXIS 203 ( Ky. 2001 ).

2. Members.

A member of a board of education is a state officer. Polley v. Fortenberry, 268 Ky. 369 , 105 S.W.2d 143, 1937 Ky. LEXIS 475 ( Ky. 1937 ); Norton v. Letton, 271 Ky. 353 , 111 S.W.2d 1053, 1937 Ky. LEXIS 242 ( Ky. 1937 ); Ward v. Siler, 272 Ky. 424 , 114 S.W.2d 516, 1938 Ky. LEXIS 139 ( Ky. 1938 ).

On merger by agreement of independent school district with county school district it is proper to read KRS 160.041 in the light of KRS 160.040 and to look to the latter for the powers of the two districts in making a merger agreement to fix the terms of such merger and the two boards of education have the authority to agree that members of the independent school district board will serve temporarily on the board of the newly enlarged district. La Follette v. Ovesen, 314 Ky. 535 , 236 S.W.2d 457, 1951 Ky. LEXIS 687 ( Ky. 1951 ).

3. Powers and Authority.

School property is held in trust by the board of education for the use and benefit of the school as a “state institution.” Louisville v. Manning, 309 Ky. 789 , 219 S.W.2d 13, 1949 Ky. LEXIS 813 ( Ky. 1949 ).

This section vests boards of education with broad powers in the conduct and management of their affairs and the term “school purposes” is a broad and comprehensive one which might well include facilities for the housing of all school activities, including shops and home economics buildings, as well as living quarters for teachers and custodial employees where conditions warrant. Ford v. Pike County Board of Education, 310 Ky. 177 , 220 S.W.2d 389, 1949 Ky. LEXIS 876 ( Ky. 1949 ).

County boards have broad discretion under this section and KRS 160.290 in the selection of school sites and when the board has obtained the approval of the Superintendent of Public Instruction on its plan for a new building, it is not for the court to say whether the board has acted wisely or unwisely in determining where the school should be located and the only question for the court’s determination is whether the board is exceeding its authority or is acting arbitrarily. Perry County Board of Education v. Deaton, 311 Ky. 227 , 223 S.W.2d 882, 1949 Ky. LEXIS 1100 ( Ky. 1949 ).

Local school board could institute co-education in high school where provision in a deed to the land on which the school was located stipulated the property could be used only for white male pupils since there was an invalid delegation of governmental powers in that the covenant restricted the school board’s discretionary powers. Board of Education v. Society of Alumni, etc., 239 S.W.2d 931, 1951 Ky. LEXIS 907 ( Ky. 1951 ).

The board has the implied powers to employ and pay an accountant to make general audit of the school records. Lewis v. Morgan, 252 S.W.2d 691, 1952 Ky. LEXIS 1019 ( Ky. 1952 ).

Under the broad authority of this section and KRS 160.290 the county board of education has power to adopt appropriate and reasonable regulations whereby indigent high school pupils may be furnished transportation without charge. Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

Even though there was no specific statutory authority for school board to employ an attorney, members of county board of education had implied authority to employ attorneys to represent them in actions and had implied power to expend school funds for attorney’s fees and court costs in defending the actions where such employment was necessary for their protection and the accomplishment of the purposes for which they were created. Hogan v. Glasscock, 324 S.W.2d 815, 1959 Ky. LEXIS 385 ( Ky. 1959 ).

Since the school board was a body politic and corporate, a government agency, and a public corporation, it was authorized to enter into a lease or contract with another governmental agency. Bowling Green v. Board of Education, 443 S.W.2d 243, 1969 Ky. LEXIS 244 ( Ky. 1969 ).

A lawsuit to declare an education system unconstitutional falls within the authority, if not the duty, of local school boards to fulfill their statutory responsibilities, no matter who the defendants are. Rose v. Council for Better Educ., 790 S.W.2d 186, 1989 Ky. LEXIS 55 ( Ky. 1989 ).

4. — To Sue and Be Sued.

Words “to sue and to be sued” do not authorize an action for negligence committed by officers or agents of the board in performing public duty but have reference to suits respecting matters within the scope of the duties of the board. Wallace v. Laurel County Bd. of Education, 287 Ky. 454 , 153 S.W.2d 915, 1941 Ky. LEXIS 556 ( Ky. 1941 ).

The legislature created boards of education as bodies corporate with power to sue and be sued in their corporate name. Howell v. Haney, 330 S.W.2d 941, 1959 Ky. LEXIS 213 ( Ky. 1959 ).

A county board of education is “a body politic and corporate” which may sue and be sued. Moore v. Babb, 343 S.W.2d 373, 1960 Ky. LEXIS 105 ( Ky. 1960 ).

5. — — Actions by Board.

A board of education has authority to maintain an action in its own name, against delinquent taxpayers, to recover judgment for delinquent school taxes and to enforce the tax lien, and is not required to await the ordinary process of distraint and sale by the tax collector as the statute makes the tax a debt of the delinquent taxpayer in favor of the particular taxing authority. Board of Education v. Ballard, 299 Ky. 370 , 185 S.W.2d 538, 1945 Ky. LEXIS 426 ( Ky. 1945 ).

This section and KRS 160.290 place upon the boards of education, not taxpayers, the initial responsibility of maintaining legal actions on behalf of the school districts and an individual has no standing to institute an action for alleged unlawful expenditures of school funds until he has demanded the board to bring the action and the board has refused to comply unless he clearly shows that a demand would have been futile although some members of the board were members at the time of alleged unlawful expenditures. Farler v. Perry County Board of Education, 355 S.W.2d 659, 1961 Ky. LEXIS 19 ( Ky. 1961 ).

6. — — Actions Against Board Members.

Teacher’s action against members of the board as individuals for a specific order requiring the board to assign her to a school for the year 1959-60 was not maintainable. Moore v. Babb, 343 S.W.2d 373, 1960 Ky. LEXIS 105 ( Ky. 1960 ).

Members of board of education are not liable individually for injuries to student caused by employes of board. Wood v. Board of Education, 412 S.W.2d 877, 1967 Ky. LEXIS 445 ( Ky. 1967 ).

7. — — Actions Against Board.

A superintendent of schools of city of fourth class who was wrongfully discharged by board of education before the end of his term was not barred from recovering salary by statute of frauds as minutes of board appointing him was a sufficient writing. Smith v. Board of Education, 23 F. Supp. 328, 1938 U.S. Dist. LEXIS 2170 (D. Ky. 1938 ).

Fact that there is no fund available to pay judgment against county board of education for refund of illegal taxes does not invalidate judgment, since county board of education may sue and be sued, and sufficient funds may be lawfully raised by taxation and used to pay the judgment. Board of Education v. Louisville & N. R. Co., 280 Ky. 650 , 134 S.W.2d 219, 1939 Ky. LEXIS 184 ( Ky. 1939 ).

A taxpayer may not bring suit in a matter concerning public funds until he has first requested the authorized school board, county or other public body to institute such action and the official body has refused to comply. Reeves v. Jefferson County, 245 S.W.2d 606, 1951 Ky. LEXIS 1263 ( Ky. 1951 ).

County board of education as well as the county are necessary parties in a suit for recount of the ballots and to contest the legality of election under KRS 122.140 (repealed) and the petition cannot be amended to add a new party or parties after the time for filing the petition has expired. Howell v. Haney, 330 S.W.2d 941, 1959 Ky. LEXIS 213 ( Ky. 1959 ).

The county board of education is a public corporation which can act only as a body and not by individual members acting separately and it must be made a party in an action alleging unlawful discharge of superintendent of schools rather than three of five board members. Johnson v. King, 349 S.W.2d 845, 1961 Ky. LEXIS 78 ( Ky. 1961 ).

8. — Interest on Judgment.

The fact that this section makes a board of education a body politic and subject to suit, does not divest the board of immunity regarding interest, absent a statutory provision. Since a state can be sued only with its consent, a statute waiving immunity must be strictly construed and cannot be read to encompass the allowance of interest unless so specified. Powell v. Board of Educ., 829 S.W.2d 940, 1991 Ky. App. LEXIS 154 (Ky. Ct. App. 1991).

9. — Sale and Conveyance of School Property.

Boards of education are authorized to convey school property. Bellamy v. Board of Education, 255 Ky. 447 , 74 S.W.2d 920, 1934 Ky. LEXIS 259 ( Ky. 1934 ).

Though the board of education has the right to sell and convey school property it cannot sell and convey all of such property in the county at one time and for a grossly inadequate price. Weaks v. Board of Education, 282 Ky. 241 , 137 S.W.2d 1094, 1940 Ky. LEXIS 132 ( Ky. 1940 ).

A county board of education had no authority to execute a plan by which board was to convey to a nonprofit corporation 20 percent of school property in county, but not site on which school building was to be erected, and corporation was to erect building and execute lease-option contract to board by which, after payment of rental for period of years, board was to become owner of all property conveyed to corporation. Weaks v. Board of Education, 282 Ky. 241 , 137 S.W.2d 1094, 1940 Ky. LEXIS 132 ( Ky. 1940 ).

Although there is no statutory limitation on the action of boards of education in selling and conveying school property, their action in so doing must be consonant with their duty to maintain an adequate school system within the limits of their finances; and any action by a board which imperils the entire school system of a county, or a portion thereof, may be called in question by the courts. Weaks v. Board of Education, 282 Ky. 241 , 137 S.W.2d 1094, 1940 Ky. LEXIS 132 ( Ky. 1940 ).

10. — Selection of School Sites.

Subject to the approval of the State Superintendent of Public Instruction, county boards of education are given broad discretion in the selection of sites for schools. Once the approval of the State Superintendent has been obtained, the courts will not interfere with the selection of the site unless there is positive proof of fraud, collusion, or a clear abuse of discretion. Justice v. Clemons, 308 Ky. 820 , 215 S.W.2d 992, 1948 Ky. LEXIS 1059 ( Ky. 1948 ).

Courts may not interfere with proposed plan of county board of education for location of school unless there is shown a clear abuse of discretion vested in the board by this section and KRS 160.290 . Goins v. Jones, 258 S.W.2d 723, 1953 Ky. LEXIS 882 ( Ky. 1953 ).

In taxpayer suit to enjoin county board of education since evidence did not show that the board was without serious consideration and lacked a reasonable discretion and was arbitrary in locating a proposed new elementary school near the western boundary of the county instead of the geographical center, the court was without authority or power to interfere. Goins v. Jones, 258 S.W.2d 723, 1953 Ky. LEXIS 882 ( Ky. 1953 ).

A school board is vested with the power to select public school sites, subject only to the limitation that it cannot act arbitrarily or beyond the pale of sound discretion and has authority to condemn land for future school needs. Pike County Board of Education v. Ford, 279 S.W.2d 245, 1955 Ky. LEXIS 521 ( Ky. 1955 ).

11. — Conducting of School System.

Regulation which required students upon marriage to withdraw from school and to remain out of school for one year and then to be readmitted only on permission of principal was arbitrary and unreasonable and therefore invalid. Board of Education v. Bentley, 383 S.W.2d 677, 1964 Ky. LEXIS 51 ( Ky. 1964 ).

The conduct of a public school system is committed to the discretion of the school board. Earle v. Harrison County Board of Education, 404 S.W.2d 455, 1966 Ky. LEXIS 299 ( Ky. 1966 ).

Where student population fell below minimum required for state aid a reasonable basis was afforded for school board to order the school closed. Earle v. Harrison County Board of Education, 404 S.W.2d 455, 1966 Ky. LEXIS 299 ( Ky. 1966 ).

The Kentucky General Assembly clearly has given local school boards the power and authority to close schools and consolidate schools within a local system. Coppage v. Ohio County Bd. of Educ., 860 S.W.2d 779, 1992 Ky. App. LEXIS 182 (Ky. Ct. App. 1992).

12. — Punishment of Students.

The statute governing the suspension of students for the violation of regulations of the school system preempts the right of the school officials to impose additional punishment for conduct resulting in suspension. Dorsey v. Bale, 521 S.W.2d 76, 1975 Ky. LEXIS 147 ( Ky. 1975 ).

13. — Merger of Districts.

Provision for seven board members rather than five upon merger of the school district of a city of the first class with the county school district does not constitute “local or special legislation” forbidden by state Constitution where a seven-man board is justified by the larger size of student population, greater amount of property to manage, more extensive financing requirements, and the presence of minority group enclaves. Board of Education v. Board of Education, 522 S.W.2d 854, 1975 Ky. LEXIS 143 ( Ky. 1975 ).

14. Removal.

Sufficient evidence was presented to support a judgment of removal of school board members for misconduct. State Bd. for Elementary & Secondary Educ. v. Ball, 847 S.W.2d 743, 1993 Ky. LEXIS 46 ( Ky. 1993 ).

15. Immunity.

Finding against the school board in an action involving hazing was improper under KRS 160.160 because governmental immunity should have been sustained since municipal school boards are entitled to governmental immunity; there had been an intention to create an overall uniformity in all public schools with resulting coalescence between the powers and duties of an independent school system and those of a county school system. Jenkins Indep. Schs v. Doe, 379 S.W.3d 808, 2012 Ky. App. LEXIS 196 (Ky. Ct. App. 2012).

Cited:

Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ); Gearhart v. Kentucky State Board of Education, 355 S.W.2d 667, 1962 Ky. LEXIS 76 ( Ky. 1962 ); Wesley v. Board of Education, 403 S.W.2d 28, 1966 Ky. LEXIS 319 ( Ky. 1966 ); Cunningham v. Grayson, 541 F.2d 538, 1976 U.S. App. LEXIS 7450 (6th Cir. 1976), cert. denied, Board of Education v. Newburg Area Council, Inc., 429 U.S. 1074, 97 S. Ct. 812, 50 L. Ed. 2d 792, 1977 U.S. LEXIS 2129 (1977);Blackburn v. Floyd County Bd. of Educ., 749 F. Supp. 159, 1990 U.S. Dist. LEXIS 18321 (E.D. Ky. 1990 ).

Opinions of Attorney General.

In the exercise of reasonable discretion, a board of education may decide that it is in the best interests of the school district to participate in the student teacher-training program. OAG 63-269 .

A commission, agency, or city has the power to condemn property of a school board for the general purpose for which each was created. OAG 65-330 .

A school board may sell property directly to a city or its agency or commission without the necessity of a public offering, and it may also negotiate for a settlement out of court at any point during a condemnation proceeding. OAG 65-330 .

As a school district is a municipal corporation and stands on the same constitutional grounds as a county as to levying taxes and as the statutes are now written the school districts set the tax rate and the function of the fiscal court in levying school taxes is merely perfunctory, there should be no reason why the statutes could not be amended to make the school district the tax levying authority for school taxes. OAG 73-704 .

A board of education has the authority to bring an action in its own name for the recovery of funds improperly paid and the fact that the Attorney General also has this authority does not delimit the authority of the board of education but provides another means of bringing such an action when a local board for some reason fails to do so and nothing in KRS 156.138 indicates that an action by the Attorney General shall be the exclusive recourse. OAG 73-867 .

The school board has broad discretion under this section and KRS 160.290 in the selection of school sites and the establishment of schools so that even if the county is the legal owner of the property and is leasing it to the school board under KRS 162.140 as the school district holds equitable title, the fiscal court has no rights relative to a high school building which the board of education plans to tear down and replace with a new building unless the county could negotiate to purchase the property from the school board. OAG 74-221 .

The board of education may purchase land from a boosters club under the same authority that it purchases land from any person. OAG 75-1 .

Being married is not a legal reason for a regulation forbidding a student to go on a class trip. OAG 75-163 .

A local school board has the implied authority to employ an attorney to represent the board in its corporate capacity in litigation with the State Board of Education and to pay resulting legal fees from the general fund. OAG 75-552 .

Where a legal action contesting the election of certain board members was brought against individual board members and not the board of education, the payment by the county board of education of legal fees and stenographic costs would be an illegal expenditure of public common school funds. OAG 77-580 .

In the sale of surplus school property by a school district, only a cash transaction would be satisfactory. OAG 77-771 .

The provision of this section allowing the school board to appropriate funds for the disposal of civil actions brought against school board members due to an act in the scope and course of the performance of their duties does not extend to the defense of a suit brought in quo warranto against a board member for an allegedly disqualifying act under KRS 160.180(4). OAG 78-648 .

Since a local board is a “body politic and corporate” which may only transact business at a properly held meeting, by majority vote, a single member is powerless to cause an audit to be conducted of a school’s financial records. OAG 79-321 .

There is no legal basis that would require a local board of education to determine “cause” existed before a new chairperson could be chosen. OAG 80-48 .

Two members of a five-member board of education have no authority to act for the board as a body, thus where two board members offered to remove a written reprimand by the board from a high school coach’s record in consideration of a resignation by the coach, such an offer was without legal significance. OAG 80-119 .

A local county board of education is sufficiently representative of the geographic area that it serves to qualify as an agency with which a community action agency could contract, and therefore, as long as the subject matter of the contract related to the purpose of promoting public education, a county board of education could enter into a contract with a community action agency pursuant to this section and KRS 160.290 . OAG 82-387 .

Under the broad powers of a school board, pursuant to this section and KRS 160.290 , it could employ a security guard to look after its properties; such security guard, to be effective, should be a special local peace officer commissioned according to KRS 61.360 . OAG 84-107 .

A local board of education may open or close a school without the recommendation of the local superintendent. OAG 85-98 .

Where one or more school districts initiate a suit to enforce state equalization of school funding within the Commonwealth, interested school districts may contribute reasonable amounts of money from school funds to meet the costs of the suit, including reasonable attorney’s fees; such expenditure would, however, have to be made in accordance with appropriate budget considerations. OAG 85-100 .

Although this section and KRS 160.290(1) do not provide a specific statutory pronouncement upon what a local board of education may expend, school funds may be expended for those purposes authorized either expressly or by necessary implication by the statutes. OAG 85-100 .

A local school district may contract to allow funds held for the local district by the Kentucky Department of Education to be transferred as directed, assuming all statutory and constitutional requirements relative to the use of those funds, if any, have been met. OAG 87-22 .

The local board has responsibility for control and management of the school district as a whole, and has the authority to make contracts and agreements; the board has management and control of school funds, and fixes the compensation of the employees. OAG 92-29 .

A reward, offered by the local school board, for the purpose of apprehending the vandals who damaged school property constitutes a proper educational purpose within the meaning of Sections 180, 184 and 186 of the Kentucky Constitution; the act also falls within the parameters of this section as being necessary in order that the board may accomplish the purposes for which it was created as the resources of each school system are limited, and must be protected. OAG 92-63 .

School board approval is required when the superintendent decides to move the central business office to a new location requiring substantial expenditure of school funds because the movement of the office is not, primarily, a personnel decision, but one involving the management of business affairs; while the superintendent has responsibility for the management of business affairs, that responsibility is subject to the control of the board of education and moreover, the school board has control and management of all school funds, public school property and school facilities; depending on the steps taken, approval of the Department of Education may also be required. OAG 92-65 .

Research References and Practice Aids

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

Prather, Establishing Schools, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 19.

Kentucky Law Journal.

Kentucky Law Survey, Hanley and Schwemm, Education: Teacher’s Rights, 67 Ky. L.J. 721 (1978-1979).

160.170. Oath of board members.

Every person elected to a board of education shall, before assuming the duties of his office, take the following oath, in addition to the constitutional oath:

“State of Kentucky, “County of “, being duly sworn, says that he is eligible under the law to serve as a member of the board of education, and that he will not, while serving as a member of such board, become interested, directly or indirectly, in any contract with or claim against the board, and that he will not in any way influence the hiring or appointment of district employees, except the hiring of the superintendent of schools or school board attorney. “ “Subscribed and sworn to before me this day of “” The oath shall be kept on record by the board.

Click to view

History. 4399-23; amend. Acts 1990, ch. 476, Pt. II, § 72, effective July 13, 1990.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Taking Oath and Filing of Record.
1. Constitutionality.

Because this section and KRS 160.180(3) clearly prohibit school board members from engaging in nepotism or favoritism, conduct in which the Commonwealth has a significant interest, and their wording, as their meaning, is simple and unequivocal and not susceptible to arbitrary or discriminatory enforcement, the statutes are not unconstitutionally vague or overbroad. Craig v. Kentucky State Bd. for Elementary & Secondary Educ., 902 S.W.2d 264, 1995 Ky. App. LEXIS 124 (Ky. Ct. App. 1995).

2. Taking Oath and Filing of Record.

Member elected to board of education qualified by taking oath of office and filing same at first meeting of board at which his term began, and his office could not be declared vacant because he failed to file documentary evidence of his educational qualification as required by bylaws of board. Oakes v. Remines, 273 Ky. 750 , 117 S.W.2d 948, 1938 Ky. LEXIS 713 ( Ky. 1938 ).

Members did not forfeit office and were not subject to removal where they had taken constitutional oath but had failed through inadvertence to take the additional statutory oath until five (5) months after entering office at which time they discovered the omission and took the oath in writing and entered it in the school board records. Commonwealth ex rel. Breckinridge v. Marshall, 361 S.W.2d 103, 1962 Ky. LEXIS 228 ( Ky. 1962 ).

Cited:

Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ); Commonwealth ex rel. Vincent v. Withers, 266 Ky. 29 , 98 S.W.2d 24, 1936 Ky. LEXIS 594 ( Ky. 1936 ); Broyles v. Commonwealth, 309 Ky. 837 , 219 S.W.2d 52, 1949 Ky. LEXIS 826 ( Ky. 1949 ).

Opinions of Attorney General.

Where five months after taking office school board members had not yet taken the statutory oath of office the board members forfeited their office for failure to qualify within a reasonable time after their election. OAG 61-485 .

Where five months after taking office school board members had not yet taken the statutory oath, the State Board of Education was required to fill the resulting vacancies pursuant to KRS 160.190 . OAG 61-485 .

It is permissible for a successful candidate for the school board to take the statutory oath of office at a school board meeting to be held the second Monday in January. OAG 65-4 .

Where a person who was elected a member of the county board of education and who had received a certificate of election refused to take the oath of office, such office became vacant 30 days after the beginning of the term or 30 days after receipt by the person elected of the certificate of election, whichever event was later and the other members of the board should thereafter immediately make an appointment to fill the vacancy under the duty imposed on them by KRS 160.190 . OAG 69-60 .

Persons who are ineligible to serve on school board should resign; however, unless a private citizen is claiming the office for himself, there is no proceeding short of an Attorney General ouster complaint which could prevent such individuals from taking the oath of office. OAG 92-160 .

Research References and Practice Aids

Cross-References.

Constitutional oath, Ky. Const., § 228.

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

Education Law: Hiring and Termination Issues, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 17.

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Oath of Board Members, Form 333.01.

160.180. Eligibility for membership on local board of education — Annual in-service training requirements.

  1. As used in this section, “relative” means father, mother, brother, sister, husband, wife, son, and daughter.
  2. No person shall be eligible for membership on a board of education:
    1. Unless he has attained the age of twenty-four (24) years; and
    2. Unless he has been a citizen of Kentucky for at least three (3) years preceding his election and is a voter of the district for which he is elected; and
    3. Unless he has completed at least the twelfth grade or has been issued a High School Equivalency Diploma; and
    4. Unless an affidavit signed under penalty of perjury certifying completion of the twelfth grade or the equivalent as determined by passage of the twelfth grade equivalency examination held under regulations adopted by the Kentucky Board of Education has been filed with the nominating petition required by KRS 118.315 ; and
    5. For a candidate who files a nominating petition as required by KRS 118.315 on or after the April 2, 2018, unless a transcript evidencing completion of the twelfth grade or results of a twelfth grade equivalency examination has been filed with the nominating petition; or
    6. Who holds any elective federal, state, county, or city office; or
    7. Who, at the time of his election, is directly or indirectly interested in the sale to the board of books, stationery, or any other property, materials, supplies, equipment, or services for which school funds are expended; or
    8. Who has been removed from membership on a board of education for cause; or
    9. Who has a relative as defined in subsection (1) of this section employed by the school district and is elected after July 13, 1990. However, this shall not apply to a board member holding office on July 13, 1990, whose relative was not initially hired by the district during the tenure of the board member.
  3. If, after the election of any member of the board, he becomes interested in any contract with or claims against the board, of the kind mentioned in paragraph (g) of subsection (2) of this section, or if he moves his residence from the district for which he was chosen, or if he attempts to influence the hiring of any school employee, except the superintendent of schools or school board attorney, or if he does anything that would render him ineligible for reelection, he shall be subject to removal from office pursuant to KRS 415.050 and 415.060 .
  4. A board member shall be eligible for reelection unless he becomes disqualified.
  5. The annual in-service training requirements for all school board members in office as of December 31, 2014, shall be as follows:
    1. Twelve (12) hours for school board members with zero to three (3) years of experience;
    2. Eight (8) hours for school board members with four (4) to seven (7) years of experience; and
    3. Four (4) hours for school board members with eight (8) or more years of experience.
    1. For all board members who begin their initial service on or after January 1, 2015, the annual in-service training requirements shall be twelve (12) hours for school board members with zero to eight (8) years of experience and eight (8) hours for school board members with more than eight (8) years of experience. (6) (a) For all board members who begin their initial service on or after January 1, 2015, the annual in-service training requirements shall be twelve (12) hours for school board members with zero to eight (8) years of experience and eight (8) hours for school board members with more than eight (8) years of experience.
    2. Training topics for school board members shall include:
      1. Three (3) hours of finance, one (1) hour of ethics, and one (1) hour of superintendent evaluation annually for members with zero to three (3) years’ experience;
      2. Two (2) hours of finance, one (1) hour of ethics, and one (1) hour of superintendent evaluation annually for members with four (4) to seven (7) years’ experience; and
      3. One (1) hour of finance, one (1) hour of ethics, and one (1) hour of superintendent evaluation biennially for members with eight (8) or more years’ experience.

The Kentucky Board of Education shall identify the criteria for fulfilling this requirement.

The Kentucky Board of Education shall identify criteria for fulfilling this requirement.

History. 4399-22; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1978, ch. 272, § 1, effective June 17, 1978; 1980, ch. 43, § 1, effective July 15, 1980; 1984, ch. 376, § 1, effective July 13, 1984; 1986, ch. 417, § 1, effective July 15, 1986; 1990, ch. 214, § 1, effective July 13, 1990; 1990, ch. 476, Pt. II, § 71, effective July 13, 1990; 1996, ch. 145, § 5, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 416, § 1, effective July 15, 1998; 2014, ch. 136, § 1, effective July 15, 2014; 2018 ch. 105, § 3, effective April 4, 2018.

Legislative Research Commission Notes.

(7/13/90). This section was amended by two 1990 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails.

(4/4/2018). The amendments made to this statute in 2018 Ky. Acts ch. 105, sec. 3 are effective April 4, 2018. SB 101 (Ch. 105) was delivered to the Governor on March 22, 2018. The 10-day, not counting Sundays, veto period began on the next day, March 23, and ended at midnight on April 3, 2018. The Governor returned that bill to the Secretary of State on April 2 without signing it. Therefore, since the Governor could have retrieved it and signed it or vetoed it prior to the end of April 3, the bill would not take effect until the first moment of April 4, 2018 following the expiration of the 10-day veto period.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Construction.
  3. Application.
  4. Voter of District for Which Elected.
  5. Educational Requirements.
  6. — Teacher’s Affidavit.
  7. — Schoolmate Affidavit.
  8. — Mandatory.
  9. — Burden of Proof.
  10. — Summary Judgment.
  11. Holding Civil or Political Office.
  12. Interest in Sale to Board.
  13. Interest in Contract or Claim.
  14. Ineligible for Reelection.
  15. Employment of Relatives.
  16. Removal.
  17. — De Facto Officer.
  18. — Estoppel Against.
  19. Lack of Qualifications.
  20. Appeal.
  21. Duty to Supervise.
1. Constitutionality.

Subdivision (1)(d) (now (2)(e)) and subsection (2) (now (3)) of this section, a “resign-to-run” statute, do not deny school board members their rights of free speech or equal protection of the laws. Yonts v. Commonwealth, 700 S.W.2d 407, 1985 Ky. LEXIS 285 ( Ky. 1985 ).

This section is not unconstitutional because of its failure to state the penalty for its violation; the title specifically tells that this statute lists the eligibility requirements necessary to hold office and anyone who cannot meet these requirements cannot hold the office of board member. Cross v. Commonwealth, 795 S.W.2d 65, 1990 Ky. App. LEXIS 123 (Ky. Ct. App. 1990).

Subsection (2)(i) of this section does not violate the First Amendment, nor the equal protection clause of the Fourteenth Amendment of the United States Constitution.Chapman v. Gorman, 839 S.W.2d 232, 1992 Ky. LEXIS 124 ( Ky. 1992 ).

Because KRS 160.170 and subsection (3) of this section clearly prohibit school board members from engaging in nepotism or favoritism, conduct in which the Commonwealth has a significant interest, and their wording, as their meaning, is simple and unequivocal and not susceptible to arbitrary or discriminatory enforcement, the statutes are not unconstitutionally vague or overbroad. Craig v. Kentucky State Bd. for Elementary & Secondary Educ., 902 S.W.2d 264, 1995 Ky. App. LEXIS 124 (Ky. Ct. App. 1995).

KRS 160.180 , and its definition of “relative,” is constitutional and bears a rational relationship to the elimination of nepotism. Commonwealth ex rel. Stumbo v. Crutchfield, 157 S.W.3d 621, 2005 Ky. LEXIS 82 ( Ky. 2005 ).

Inclusion of aunt/uncle in the definition of “relative” within KRS 160.180 rationally promotes the governmental goal of eliminating nepotism and the Kentucky General Assembly was not acting irrationally by not including niece/nephew when it formulated the definition of “relative” and drawing the line elsewhere. Commonwealth ex rel. Stumbo v. Crutchfield, 157 S.W.3d 621, 2005 Ky. LEXIS 82 ( Ky. 2005 ).

2. Construction.

These provisions are mandatory. Whittaker v. Commonwealth, 272 Ky. 794 , 115 S.W.2d 355, 1938 Ky. LEXIS 208 ( Ky. 1938 ). See Commonwealth ex rel. Meredith v. Norfleet, 272 Ky. 800 , 115 S.W.2d 353, 1938 Ky. LEXIS 207 ( Ky. 1938 ); Commonwealth by Meredith v. Moye, 273 Ky. 384 , 116 S.W.2d 952, 1938 Ky. LEXIS 647 (Ky. 1938); Commonwealth v. Mullins, 286 Ky. 242 , 150 S.W.2d 668, 1941 Ky. LEXIS 242 ( Ky. 1941 ).

3. Application.

This section applied to all candidates, even though they had previously held office before the enactment of this section. Commonwealth v. Mullins, 286 Ky. 242 , 150 S.W.2d 668, 1941 Ky. LEXIS 242 ( Ky. 1941 ) (Decision prior to 1998 amendment).

4. Voter of District for Which Elected.

This section requires a candidate to be a fully qualified legal voter. Moore v. Tiller, 409 S.W.2d 813, 1966 Ky. LEXIS 74 ( Ky. 1966 ).

Person who moved into a residence outside of division of school district and lived therein for three years was not a resident of the division of the school district although he had always theretofore lived in division, was registered there and expressed an intention to retain his residence therein. Moore v. Tiller, 409 S.W.2d 813, 1966 Ky. LEXIS 74 ( Ky. 1966 ).

A person may have many residences but in the absence of showing an intention of abandoning his Kentucky citizenship, his state of origin, he will be deemed a Kentucky citizen for the purpose of qualifying for office in that state; therefore, where a man was born and raised here, and his every act manifested his intent to remain a citizen of this state, not merely to return here, his temporary and involuntary absences from Kentucky did not serve to terminate his standing as a citizen. Dickey v. Bagby, 574 S.W.2d 922, 1978 Ky. App. LEXIS 638 (Ky. Ct. App. 1978).

5. Educational Requirements.

The legislature was authorized to require completion of the eighth grade. Commonwealth ex rel. Meredith v. Norfleet, 272 Ky. 800 , 115 S.W.2d 353, 1938 Ky. LEXIS 207 ( Ky. 1938 ) (Decision prior to 1990 amendment).

Board of education has no authority to pass bylaw requiring board’s members-elect, when attempting to qualify, to first present to the board legal evidence that they possess educational requirements of this section. Oakes v. Remines, 273 Ky. 750 , 117 S.W.2d 948, 1938 Ky. LEXIS 713 ( Ky. 1938 ).

The taking of oath of office before the date the term of office of predecessor expired was merely anticipating and getting ready to assume duties at the appointed time and did not make person elected as member of the county board of education a usurper and no cause of action would lie including quo warranto or injunction on grounds he did not have an eighth grade education so was not qualified and the later assumption of the office and the amendment of the petition thereafter could not give life to the premature petition. Broyles v. Commonwealth, 309 Ky. 837 , 219 S.W.2d 52, 1949 Ky. LEXIS 826 ( Ky. 1949 ) (Decision prior to 1990 amendment).

The requirement of subsection (1)(c) (now (2)(c)) of this section that no person shall be eligible to membership on a board of education unless he has completed at least the eighth grade in the common school, means that such requirement must be met before such member is elected to office. Commonwealth ex rel. Buckman v. Preece, 257 S.W.2d 51, 1953 Ky. LEXIS 764 ( Ky. 1953 ) (Decision prior to 1990 amendment).

Attorney General had the right to withdraw from proceeding at any time prior to judgment and trial court could not render judgment on merits when he had withdrawn from proceeding to oust board of education members on grounds they lacked educational requirements prior to entry of judgment. Choate v. Commonwealth, 347 S.W.2d 81, 1961 Ky. LEXIS 347 ( Ky. 1961 ).

6. — Teacher’s Affidavit.

A verified statement from the teacher under whom the eighth grade was completed is sufficient evidence of educational qualifications. Commonwealth v. Griffen, 268 Ky. 830 , 105 S.W.2d 1063, 1937 Ky. LEXIS 536 ( Ky. 1937 ) (Decision prior to 1990 amendment).

An affidavit that applicant completed the sixth grade, which was then equivalent to the eighth grade, is insufficient. Commonwealth ex rel. Meredith v. Norfleet, 272 Ky. 800 , 115 S.W.2d 353, 1938 Ky. LEXIS 207 ( Ky. 1938 ) (Decision prior to 1990 amendment).

An affidavit of a teacher which does not identify the grade completed is insufficient. Whittaker v. Commonwealth, 272 Ky. 794 , 115 S.W.2d 355, 1938 Ky. LEXIS 208 ( Ky. 1938 ) (Decision prior to 1990 amendment).

Affidavit of teacher other than one under whom eighth grade was completed has no probative value. Chadwell v. Commonwealth, 288 Ky. 644 , 157 S.W.2d 280, 1941 Ky. LEXIS 182 ( Ky. 1941 ) (Decision prior to 1990 amendment).

In the absence of contradictory proof, teacher’s affidavit is conclusive of qualification. The Commonwealth may introduce evidence contradicting affidavit but it is not required to plead against it. Commonwealth by Funk v. Sizemore, 243 S.W.2d 671, 1951 Ky. LEXIS 1156 ( Ky. 1951 ) (Decision prior to 1990 amendment).

Neither the failure to produce a certificate nor the fact that appellee enrolled in the seventh grade after having completed the eighth grade is sufficient to overcome the probative value of the statements contained in his teacher’s affidavit that appellee successfully completed the eighth grade. Commonwealth ex rel. Breckinridge v. King, 343 S.W.2d 139, 1961 Ky. LEXIS 408 ( Ky. 1961 ) (Decision prior to 1990 amendment).

A teacher’s affidavit is the weakest kind of proof of a person’s completion of the eighth grade and its probative effect may be overcome by contradictory evidence. Spurlock v. Commonwealth, 350 S.W.2d 472, 1961 Ky. LEXIS 99 ( Ky. 1961 ) (Decision prior to 1990 amendment).

7. — Schoolmate Affidavit.

Affidavits of former schoolmates do not supply the statutory requirement. Whittaker v. Commonwealth, 272 Ky. 794 , 115 S.W.2d 355, 1938 Ky. LEXIS 208 ( Ky. 1938 ).

Educational qualification cannot be established by member or his schoolmates. Commonwealth by Funk v. Clark, 311 Ky. 710 , 225 S.W.2d 118, 1949 Ky. LEXIS 1224 ( Ky. 1949 ).

This section does not permit verbal testimony of the party or even his schoolmates to be considered. Commonwealth ex rel. Buckman v. Preece, 257 S.W.2d 51, 1953 Ky. LEXIS 764 ( Ky. 1953 ).

8. — Mandatory.

Provisions of subsection (1)(c) (now (2)(c)) of this section are mandatory and applicant must prove qualification of eighth grade education by one of the methods provided. Commonwealth by Dummit v. Mullins, 307 Ky. 383 , 211 S.W.2d 133, 1948 Ky. LEXIS 741 ( Ky. 1948 ) (Decision prior to 1990 amendment).

9. — Burden of Proof.

Proof of educational qualifications must substantially comply with this section. Affidavit of substitute teacher who taught for two (2) or three weeks was insufficient, and testimony of fellow students and others could not be considered. Commonwealth by Meredith v. Moye, 273 Ky. 384 , 116 S.W.2d 952, 1938 Ky. LEXIS 647 ( Ky. 1938 ).

The legislature intended to permit proof of eligibility in any of the specified methods, so a member may qualify by examination, even if he did not complete the eighth grade, or by affidavit without reference to school records, and a photostatic copy of one member’s signature and samples of his handwriting could not be considered as lack of education. Commonwealth by Meredith v. Moye, 273 Ky. 384 , 116 S.W.2d 952, 1938 Ky. LEXIS 647 ( Ky. 1938 ).

Member of county board of education did not possess statutory educational requirements where he admitted his lack in demurrer to petition for ouster. Commonwealth v. Wilson, 273 Ky. 745 , 117 S.W.2d 935, 1938 Ky. LEXIS 709 ( Ky. 1938 ).

10. — Summary Judgment.

In action for ouster of county board of education member’s failure to respond properly to request for admission under CR 36.01, that he had never completed the eighth grade constituted an admission and summary judgment should have been sustained and board of education member ousted. Commonwealth ex rel. Matthews v. Rice, 415 S.W.2d 618, 1966 Ky. LEXIS 10 ( Ky. 1966 ) (Decision prior to 1990 amendment).

11. Holding Civil or Political Office.

This provision does not deal with offices, deputyships or agencies under the state. Polley v. Fortenberry, 268 Ky. 369 , 105 S.W.2d 143, 1937 Ky. LEXIS 475 ( Ky. 1937 ).

Although concurrent membership on county board of education and county election board is not a violation of this section unless it is in law a local office as distinguished from state office it is inherently inconsistent or repugnant as their occupancy by one person is detrimental to public interest. Adams v. Commonwealth, 268 S.W.2d 930, 1954 Ky. LEXIS 931 ( Ky. 1954 ).

Where a member of a county board of education was an unsuccessful candidate for his party’s nomination to the office of county tax commissioner for his county and an action was brought to oust him from membership on the board on the grounds that under the terms of this section his office was vacated when he became a candidate, the trial court erred in sustaining a motion to dismiss the complaint, even though the office of tax commissioner is a state office and is not specifically enumerated in subsection (1)(d) (now (2)(e)) of this section. Commonwealth ex rel. Buckman v. Miller, 272 S.W.2d 468, 1954 Ky. LEXIS 1109 ( Ky. 1954 ).

The county hospital board serves as an advisory body to the fiscal court agency or deputyship of the county as those terms are used in this section. Commonwealth ex rel. Hancock v. Bowling, 562 S.W.2d 310, 1978 Ky. LEXIS 323 ( Ky. 1978 ).

12. Interest in Sale to Board.

In general, the disqualifying interest must be pecuniary or proprietary by which the member stands to gain or lose something. However, the interest is not sufficient to disqualify the officer if the opportunity for self-benefit is a mere possibility or is remote or collateral. Commonwealth ex rel. Vincent v. Withers, 266 Ky. 29 , 98 S.W.2d 24, 1936 Ky. LEXIS 594 ( Ky. 1936 ).

The term “service” includes teaching, and one teaching under contract with the board for which he is a candidate is a disqualified candidate. Whittaker v. Commonwealth, 272 Ky. 794 , 115 S.W.2d 355, 1938 Ky. LEXIS 208 ( Ky. 1938 ).

One under contract to teach school in county was disqualified to hold membership on board of education of that county, because of interest in the sale of services for which school funds are expended. Commonwealth v. Begley, 273 Ky. 636 , 117 S.W.2d 599, 1938 Ky. LEXIS 692 ( Ky. 1938 ).

A board member is not guilty of violating this section where he has divested himself of all interest in the note in question prior to his election. Commonwealth by Meredith v. Hardin, 286 Ky. 404 , 150 S.W.2d 477, 1941 Ky. LEXIS 227 ( Ky. 1941 ).

Where teacher applied for teaching position and county board of education notified him of employment, he was not eligible to be elected to membership on the board of education because at the time of his election he was interested in sale of services to the board. Commonwealth ex rel. Funk v. Robinson, 314 Ky. 344 , 235 S.W.2d 780, 1950 Ky. LEXIS 1092 ( Ky. 1950 ).

The office of member of board of education has been declared vacated where member was interested in sale of material or supplies to school even though member’s motives were proper and the sales were nonprofit. Commonwealth ex rel. Breckinridge v. Collins, 379 S.W.2d 436, 1964 Ky. LEXIS 237 ( Ky. 1964 ).

Member of board, who at time of his election had contract with board of education to transport students and continued to perform his contract for a period but ceased before taking office, and member who sold small amounts of supplies to a class in the school after becoming a member, were disqualified from holding office. Commonwealth ex rel. Matthews v. Coatney, 396 S.W.2d 72, 1965 Ky. LEXIS 102 ( Ky. 1965 ).

No profit need be made on a sale of goods by a board member to a school board in order to violate this section, and it is immaterial whether the funds used to make the purchase were the result of an activity fund raised solely by the students. Commonwealth ex rel. Hancock v. Marshall, 559 S.W.2d 497, 1977 Ky. App. LEXIS 868 (Ky. Ct. App. 1977).

Where a board member is without knowledge of a sale to the board or is not in the position of having to approve a contract or sale to the board, the prohibition of this section is not contravened. Commonwealth ex rel. Hancock v. Marshall, 559 S.W.2d 497, 1977 Ky. App. LEXIS 868 (Ky. Ct. App. 1977).

One who is the president, employee and majority stockholder of a company selling merchandise to a school board comes within the purview of one “indirectly interested” as prohibited by this section. Commonwealth ex rel. Hancock v. Marshall, 559 S.W.2d 497, 1977 Ky. App. LEXIS 868 (Ky. Ct. App. 1977).

13. Interest in Contract or Claim.

Evidence justified trial court’s refusal to declare member of county board a usurper in office because of interest in contracts for purchase of coal from schools where he prepared the bids for five bidders, four of whom received seven contracts out of 25 bids for and three of whom filled the contracts by purchasing the coal from coal mine in which the board member was a partner, in absence of evidence that he reached his object and accomplished his purpose of profiting by the contracts through the bidders as secret agencies or intermediaries or by sharing with them. Commonwealth ex rel. Vincent v. Withers, 266 Ky. 29 , 98 S.W.2d 24, 1936 Ky. LEXIS 594 ( Ky. 1936 ).

The interest is not sufficient to disqualify the member if the opportunity for self-benefit is a mere possibility or is so remote or collateral, such as being only a debtor, that it cannot be reasonably calculated to affect his judgment or conduct in the making of the contract or in its performance. Commonwealth ex rel. Vincent v. Withers, 266 Ky. 29 , 98 S.W.2d 24, 1936 Ky. LEXIS 594 ( Ky. 1936 ).

Mere fact that contractor with a municipal board, without previous arrangement or agreement, saw fit to buy material or supplies from a member of the board does not render the contract vicious or ordinarily subject the officer to merited criticism or a forfeiture of his office; the possibility of profit from a subsequent independent contract in the absence of inculpatory circumstances ought not to be regarded as having a corrupt influence upon the mind of the officer. Commonwealth ex rel. Vincent v. Withers, 266 Ky. 29 , 98 S.W.2d 24, 1936 Ky. LEXIS 594 ( Ky. 1936 ).

Bare implication or inference that under the stimulus of expected contingent profit an officer acted wrongfully, in opposition to positive testimony and several contradicting circumstances, should not prevail or justify the court in applying the statute under which office shall without further action be vacant. Commonwealth ex rel. Vincent v. Withers, 266 Ky. 29 , 98 S.W.2d 24, 1936 Ky. LEXIS 594 ( Ky. 1936 ).

The mere fact that a contractor with a school board, without previous arrangement or agreement, bought materials from a board member is not ground for forfeiture of office. Commonwealth ex rel. Vincent v. Withers, 266 Ky. 29 , 98 S.W.2d 24, 1936 Ky. LEXIS 594 ( Ky. 1936 ).

If the conditions prohibited in subsection (2) of this section exist at the time of election, the candidate is disqualified and board member, who was teacher at time of election, but who resigned prior to qualification as board member, was disqualified. Whittaker v. Commonwealth, 272 Ky. 794 , 115 S.W.2d 355, 1938 Ky. LEXIS 208 ( Ky. 1938 ).

The interest referred to herein must be a monetary interest moving directly or indirectly to the member, and not a mere emotional interest. Chadwell v. Commonwealth, 288 Ky. 644 , 157 S.W.2d 280, 1941 Ky. LEXIS 182 ( Ky. 1941 ).

Board member’s testimony that his store had made sales to board but that it was in his wife’s name “for internal revenue purposes” was a violation of this section as an indirect interest in sales to board. Brooks v. Commonwealth, 286 S.W.2d 913, 1956 Ky. LEXIS 436 ( Ky. 1956 ).

When county board of education member’s term of office had expired during pendency of appeal, court would not decide whether he became disqualified by becoming directly or indirectly interested in sale to board of stationery and similar supplies since the circumstances had changed or events had occurred making the determination unnecessary and great public interest was not involved and a decision would not settle a concrete issue but would declare an academic question of law. Commonwealth by Breckinridge v. Woods, 342 S.W.2d 534, 1961 Ky. LEXIS 391 ( Ky. 1961 ).

The facts that the amount involved was small and trivial and that full value was given to school by the school board member are immaterial on a charge under this section that he sold items totaling $64.85 through his hardware store to the school system. Stringer v. Commonwealth, 428 S.W.2d 203, 1968 Ky. LEXIS 709 ( Ky. 1968 ).

14. Ineligible for Reelection.

The fact that a member of the county board of education was re-elected to a new term after his violation of the acts complained of does not “whitewash” him or furnish a defense. Stringer v. Commonwealth, 428 S.W.2d 203, 1968 Ky. LEXIS 709 ( Ky. 1968 ).

A school board member who violates this section is ineligible for re-election. Commonwealth ex rel. Breckinridge v. Winstead, 430 S.W.2d 647, 1968 Ky. LEXIS 407 ( Ky. 1968 ).

15. Employment of Relatives.

Board members have a discretion in voting on an applicant who is related to one of the board members, notwithstanding that the applicant is duly qualified and nominated. Hall v. Boyd County Board of Education, 265 Ky. 500 , 97 S.W.2d 38, 1936 Ky. LEXIS 523 ( Ky. 1936 ).

Evidence that lame duck members of school board, by agreement with other members and one newly-elected member, employed close relatives of newly-elected member, shortly before expiration of their terms, was insufficient to justify removal of newly-elected member as usurper. Richardson v. Commonwealth, 275 Ky. 486 , 122 S.W.2d 156, 1938 Ky. LEXIS 472 ( Ky. 1938 ).

Vote of board member to vest in superintendent authority to hire bus drivers without approval of the board, following which the superintendent employed the board member’s son, was not a vote regarding employment of a relative. Chadwell v. Commonwealth, 288 Ky. 644 , 157 S.W.2d 280, 1941 Ky. LEXIS 182 ( Ky. 1941 ).

Where school board member voted for the employment of his sister he was disqualified as a member and his reelection and assumption of a new tern did not “whitewash” such misconduct. Letcher v. Commonwealth, 414 S.W.2d 402, 1966 Ky. LEXIS 12 ( Ky. 1966 ).

Where the defendant, as a member of the county board of education, seconded a motion to hire certain school bus drivers, one of whom was his cousin, but did not vote, there was no violation, for the statute forbids voting, not seconding a motion. Commonwealth ex rel. Matthews v. Combs, 426 S.W.2d 461, 1968 Ky. LEXIS 652 ( Ky. 1968 ).

A board of education can speak only through its records and such records cannot be enlarged or restricted to enable a school board member, by parol testimony, to prove that he did not vote for his wife’s employment. Stringer v. Commonwealth, 428 S.W.2d 203, 1968 Ky. LEXIS 709 ( Ky. 1968 ).

Where the minutes of the school board showed that it had voted unanimously to employ the sister of one of the board members as manager of the school cafeteria, the chancellor’s finding that the member did not vote in violation of the statute was in error. Commonwealth ex rel. Matthews v. Ford, 444 S.W.2d 908, 1969 Ky. LEXIS 237 ( Ky. 1969 ).

Where the minutes of a local board of education showed that one of its members had voted for a sister and niece for employment with the board, but these had been amended to show he had not so voted, and the Commonwealth sought to introduce affidavits of witnesses that he had so voted, in opposition to his motion for summary judgment, it was error to grant summary judgment, since such evidence is admissible to show mistake or fraud in the minutes recording these votes. Commonwealth ex rel. Stephens v. Stephenson, 574 S.W.2d 328, 1978 Ky. App. LEXIS 619 (Ky. Ct. App. 1978).

A member of a county board of education was properly ousted for affirmatively voting to hire twenty-two (22) individuals, one of whom was his first cousin. Cross v. Commonwealth, 795 S.W.2d 65, 1990 Ky. App. LEXIS 123 (Ky. Ct. App. 1990).

Although school board member urges the court to carve another exception from the statute which would allow him to remain eligible for office, this cannot be done where the language of the anti-nepotism statute is clear and unambiguous; it is of no importance when his daughter-in-law became his relative, it is only important under the statute that she is his relative. Newby v. Commonwealth ex rel. Gorman, 911 S.W.2d 606, 1995 Ky. LEXIS 150 ( Ky. 1995 ).

Attorney General’s ouster petition should not have been denied with regard to seeking to disqualify an elected county board of education member, whose uncle was a bus driver within the school district. Disqualifying aunts/uncles pursuant to KRS 160.180 rationally promoted the governmental goal of eliminating nepotism. Commonwealth ex rel. Stumbo v. Crutchfield, 157 S.W.3d 621, 2005 Ky. LEXIS 82 ( Ky. 2005 ).

16. Removal.

This section did not impliedly repeal law regarding usurpation of office in relation to school officers, and Attorney General may institute an action under such law to prevent usurpation of office of member of county board of education, on grounds of misconduct as well as lack of qualifications. Richardson v. Commonwealth, 275 Ky. 486 , 122 S.W.2d 156, 1938 Ky. LEXIS 472 ( Ky. 1938 ).

One violating this section may be proceeded against as a usurper by Attorney General or person claiming office. Chadwell v. Commonwealth, 288 Ky. 644 , 157 S.W.2d 280, 1941 Ky. LEXIS 182 ( Ky. 1941 ).

County board of education could not declare the office of one of its duly elected and qualified members vacant, on the ground he had moved from district; removal could be accomplished only by ouster proceedings under KRS 415.050 . Salyers v. Lyons, 304 Ky. 320 , 200 S.W.2d 749, 1947 Ky. LEXIS 637 ( Ky. 1947 ).

A county board cannot declare vacant the seat of a member of that board, who has been duly elected and qualified, on the ground that the member does not possess some qualification as for membership required by this section. Board of Education v. Cassell, 310 Ky. 274 , 220 S.W.2d 552, 1949 Ky. LEXIS 890 ( Ky. 1949 ).

Resignation of member of county board of education who was interested in a contract which might disqualify him under this section prior to appointment of his successor was an abandonment of office and not a forfeiture and other members of board could bring a declaratory judgment action for determination of abandonment under KRS 418.045 where only the Commonwealth or a person entitled to the office could bring an action in nature or quo warranto to adjudge forfeiture. Hall v. Allen, 313 Ky. 441 , 231 S.W.2d 702, 1950 Ky. LEXIS 898 ( Ky. 1950 ).

County board of education members cannot be ousted or enjoined from the performance of their duties except as the result of an action brought by the person who claims the office or in an action brought by the Attorney General of the Commonwealth. Griffey v. Board of Education, 385 S.W.2d 319, 1964 Ky. LEXIS 157 ( Ky. 1964 ).

A member of a county board of education does not vacate his office without any further action when he is guilty of conduct which violates this section but he must be removed by ouster proceedings and county residents and taxpayers cannot maintain class action for declaratory judgment to enjoin performance of certain official acts. Griffey v. Board of Education, 385 S.W.2d 319, 1964 Ky. LEXIS 157 ( Ky. 1964 ).

The State Board of Elementary and Secondary Education (now Board of Education), under the Kentucky Education Reform Act, has the authority to remove members from a county board of education for misconduct in office; there is no language in either KRS 156.132 or this section which suggests, let alone mandates, that the Attorney General has the exclusive power to remove district board members for violations of KRS 160.180 . State Bd. for Elementary & Secondary Educ. v. Ball, 847 S.W.2d 743, 1993 Ky. LEXIS 46 ( Ky. 1993 ).

Sufficient evidence was presented to support a judgment of removal of school board members for misconduct. State Bd. for Elementary & Secondary Educ. v. Ball, 847 S.W.2d 743, 1993 Ky. LEXIS 46 ( Ky. 1993 ).

17. — De Facto Officer.

A school board member against whom ouster proceedings are commenced is a de facto officer until he is ousted and should be allowed to vote pending a trial and judgment on the merits. Commonwealth ex rel. Breckinridge v. Winstead, 430 S.W.2d 647, 1968 Ky. LEXIS 407 ( Ky. 1968 ).

18. — Estoppel Against.

Courts should be slow to invoke estoppel against the state in its efforts to enforce a statute the purpose of which is to prevent “conflict of interest” situations and prevent self-interest in the deliberation of public servants. Stringer v. Commonwealth, 428 S.W.2d 203, 1968 Ky. LEXIS 709 ( Ky. 1968 ).

19. Lack of Qualifications.

The burden is upon the board member to establish his eligibility for the office. Commonwealth v. Coffee, 329 S.W.2d 203, 1958 Ky. LEXIS 5 ( Ky. 1958 ). See Saylor v. Rockcastle County Board of Education, 286 Ky. 63 , 149 S.W.2d 770, 1941 Ky. LEXIS 216 ( Ky. 1941 ).

The burden of establishing eligibility is on the candidate. Commonwealth v. Mullins, 286 Ky. 242 , 150 S.W.2d 668, 1941 Ky. LEXIS 242 ( Ky. 1941 ).

Lack of qualification may be proved by any evidence that would be competent under ordinary rules of evidence to establish the fact in issue. Lear v. Commonwealth, 317 S.W.2d 492, 1958 Ky. LEXIS 95 ( Ky. 1958 ).

20. Appeal.

Great regard must be had on appeal for the finding of fact by the trial court that board member had not committed the prohibited act which would declare office vacant. Commonwealth ex rel. Vincent v. Withers, 266 Ky. 29 , 98 S.W.2d 24, 1936 Ky. LEXIS 594 ( Ky. 1936 ).

21. Duty to Supervise.

Because no discovery was conducted, the lower court was unable to undertake the proper analysis to determine whether the superintendent had failed to enact rules or whether the coaches had completely failed to supervise the football team. The record was devoid of those necessary facts and thus, it was impossible to analyze whether the coaches were entitled to qualified official immunity; additionally, the trial court did not have any facts to enable it to determine whether the superintendent had acted in good faith. Jenkins Indep. Schs v. Doe, 379 S.W.3d 808, 2012 Ky. App. LEXIS 196 (Ky. Ct. App. 2012).

Cited:

Tolliver v. Harlan County Bd. of Educ., 887 F. Supp. 144, 1995 U.S. Dist. LEXIS 8019 (E.D. Ky. 1995 ).

Opinions of Attorney General.

Under this section membership on the school board is politically incompatible with holding a local county office, and a member of the school board who becomes a candidate for county office automatically vacates his position on the school board. OAG 60-341 .

Under this section, the question of educational qualification for membership on a board of education is a fact to be determined by the evidence, and an uncontroverted affidavit from a former teacher would be sufficient to establish eligibility. OAG 60-590 .

This section which establishes the qualifications for members of local boards of education does not contain any requirements concerning religion, and a person of the Catholic faith, if he meets the statutory qualifications, may be a member of a local board. OAG 60-917 .

A person who at the time of his election to the board of education, is a partner in a construction company, which in the current month has been awarded a school contract with the board of education of which he is a member, is ineligible for membership on the board. OAG 60-947 .

This section does not prohibit a board of education from transacting business with the son-in-law of one of its members, but the related member must not vote on the proposal. OAG 60-957 .

If a board member moves his residence within the district but from the division in which he was chosen, he is no longer eligible for office, but the move does not automatically create a vacancy. OAG 60-1028 .

A person is not made ineligible for membership on a board of education because at the time of his election to the board, he had a claim for services rendered pending before the board, when the work on which the claim was based had been completed. OAG 60-1029 .

This section does not establish physical health as a qualification of membership on a school board and a person who is given a 100 percent disability rating by the Veteran’s Administration and is under the care of a nurse, is not precluded from serving as a member on a local board of education. OAG 60-1034 .

A woman whose husband sells insurance to a board of education has an indirect interest in the insurance and is prohibited by this section from serving on the board. OAG 62-712 .

Under this section, an owner and operator of a school bus who is under contract with county school district to transport pupils for the school year, since he cannot unilaterally dissolve his contract, is ineligible to serve as a member of the board of education during the term of the contract. OAG 62-956 .

Actions taken as a school board member after filing for nomination for the office of sheriff and thus disqualifying himself would be valid until the school board member resigned or was removed from office. OAG 65-211 .

No constitutional or statutory incompatibility exists between membership on the school board and membership on the municipal housing commission. OAG 66-673 .

A vote by a member of a board of education for approval of payment to a validly employed kinsman of the board member for services rendered is not proscribed by subsection (4) (now (3)) of this section. OAG 67-47 .

A school board member is prohibited from contracting with the board of which he is a member despite the fact that the contract is let pursuant to sealed bids. OAG 67-212 .

A board member who receives a subcontract to perform a substantial portion of the work under a prime contract awarded by a board of education thereby becomes “indirectly” interested in the contract in contravention of the statute. OAG 67-212 .

If a school board member without previous arrangement or agreement and in the absence of inculpatory circumstances leases equipment to a contractor for use under a school contract, the board member does not thereby violate the statute. OAG 67-212 .

The local manager of a public utility firm who has no proprietary interest in the firm, is not disqualified, either by the provisions of this section or at common law, from service on a local board of education by virtue of the fact that the board imposes a utilities gross receipts tax on the utility pursuant to KRS 160.613 . OAG 67-274 .

A physician is not disqualified by this section from service on a local board of education by reason of the fact that he renders professional services to school children and is compensated for some of these services by insurance which covers the children in incidents arising at or en route to or from school, since the premium for the insurance is paid by the parents and not from school funds. OAG 68-250 .

Where a board of education purchases sporting goods equipment from a sporting goods store located in the county adjoining the school district, which store is owned by a brother of the chairman of the board of education, the existence of a conflict of interest on the part of the board member would depend upon the issues of fact in the case, namely whether the board member possesses a financial and/or proprietary interest in the sporting goods business, either directly or indirectly. OAG 68-303 .

Since the position of county precinct chairman of a political party is neither a constitutional office, a statutory office, nor a form of public employment, the county precinct chairman is not disqualified by subsection (1)(d) (now (1)(f)) of this section from service on a local board of education. OAG 68-535 .

The position of executive director or assistant executive director of a municipal housing commission is state employment and there is no incompatibility between these positions and the office of school board member. OAG 68-599 .

A person employed as customer relations manager by the telephone company is not disqualified by this section from service on the local board of education because the school board might impose a utility gross receipts tax on his employer, nor would he be prevented from attending a meeting at which the subject was discussed, but he should refrain from participating in the discussion or voting on the proposal and should make his abstinence a matter of record. OAG 69-119 .

If payments accepted by a board member of an independent district represent payment for services in any amount or to any degree, or if though purporting to be for actual and necessary expenses, are not for duties authorized by the board, acceptance of such would offend this section in rendering the member ineligible. OAG 69-292 .

Where an eighth-grade equivalency test given locally was neither an examination approved by the Superintendent of Public Instruction or adopted by the state board, nor given under the direction of the state board or the State Superintendent, it would not suffice to qualify the candidate for the school board. OAG 70-463 .

A member of the city commission running for membership on a board of education would not become ineligible for city council until he assumed the school board office. OAG 70-558 .

A person can become a candidate for school board membership and at the same time continue to serve on the city commission. OAG 70-558 .

There is no statutory or constitutional incompatibility between the position of director of the urban renewal agency and membership on the independent board of education. OAG 70-587 .

An individual whose spouse, at the time of the individual’s prospective election, or thereafter while a member of a school board, owns one-sixth of the capital stock of a dairy selling milk to the board could not properly be eligible for membership or serve on the board because the indirect financial interest would offend this section. OAG 70-613 .

A person could serve on a county board of health and on the board of education at the same time without forfeiting the first office he held. OAG 70-632 .

There is no constitutional or statutory provision that would prohibit a member of the county board of education from being appointed as a director or member of a water district. OAG 70-723 .

If it could be demonstrated that the assistant cashier’s connection with the depository bank for the school board was limited to the employer-employee relationship, there would be no disqualification from that person’s serving on the school board. OAG 70-809 .

If the assistant cashier of the depository bank for school board funds is in fact an officer, having been so designated by the bank’s board of directors, he would be disqualified from serving on the school board. OAG 70-809 .

A member of a board of education who is in the building material business may neither supply services nor materials to a prime contractor for use on a school building project which is being constructed with funds of the board of education of which he is a member. OAG 70-828 .

Where a person elected to the school board was the majority stockholder in a corporation that sold soft drinks to school-controlled organizations, the continuation of such sales by the corporation would offend this section. OAG 71-33 .

A school board member who was employed as truck sales manager and who made a motion and voted to purchase a truck from the firm which he represented forfeits his office immediately upon such a transaction, but if he does not resign, he will have to be removed by the court upon proof of the improper transaction. OAG 72-110 .

A school board member who is the editor of a local newspaper is disqualified from serving on the board, where the editor’s paper prints the high school paper, even though the high school paper is self-supporting and does not have its bills paid by the board of education. OAG 72-111 .

There was no violation of this section where a member of the board of education voted to pay the salary of his great nephew employed as a teacher in the district as the relationship of great nephew is not proscribed by this section. OAG 72-303 .

A school board member may not own stock in an institution where the board of education deposits its money at a prescribed rate of interest. OAG 72-327 .

There is no conflict of interest where a superintendent of schools owns stock in an institution where the board of education deposits its money at a prescribed rate of interest. OAG 72-327 .

A temporary absence from the state for three months to take a job in another state on a trial basis would not disqualify that person from being a candidate for the school board. OAG 72-499 .

This section would not be violated where a school board member voted to award a contract to a company which employs his nephew. OAG 72-525 .

A former resident of Kentucky who moved his residence for several years and returned to Kentucky on August 12, 1972, would not be an eligible candidate for membership on a county board of education in the November, 1972 election. OAG 72-670 .

Where a member of the school board is a salesman for a plumbing supply hous but does not sell within the county of the school board on which he serves and has no interest in the firm for which he sells, he would not become disqualified to serve on the board when the board contemplates the purchase of equipment from such member’s employer. OAG 72-691 .

The term “has been removed” in subsection (1)(f) (now (2)(h)) of this section means that the person has been removed by a court judgment and does not include a voluntary resignation; therefore, a person who voluntarily resigns in a conflict of interest situation may save his eligibility to later serve on the board. OAG 72-777 .

There is no conflict of interest where a member of a county board of education is an unpaid officer and director of a nonprofit corporation which, as part of its service, provides water service to some of the county schools. OAG 72-840 .

A board of education member is not disqualified for his office when the school board deposits money in an institution in which he is an officer, director, or stockholder as this is not the type of contract referred to in this section for which school board funds are expended. OAG 73-71 .

A member of a district board of education may not be removed from office for being convicted on a charge of driving a motor vehicle while intoxicated as this offense is a misdemeanor and conviction therefor would not disqualify a person from office. OAG 73-113 .

Unless a person has lost his voting franchise or has committee disqualifying acts in a prior term, alleged wrongdoing prior to his assumption of his office as a board member cannot be used to remove him from the board. OAG 73-128 .

Where a member of a county board of education and her husband owned a weekly newspaper, the only newspaper in that county, this section would not in view of KRS 424.120 and KRS 424.220 prohibit the publishing of school financial statements and legal notice in such newspaper. OAG 73-438 ; OAG 74-516 .

Employment of a school board member by a subcontractor on a school construction project is not sufficient direct or indirect interest in the contract so as to disqualify the board member for his office. OAG 73-455 .

A member of the board of education who is also an insurance company representative could sell life insurance to teachers employed by the board, where the teachers employed the board in writing to withhold from the teachers’ salary the amount of the premium, since the board member is dealing directly with individual teachers, and the money to be withheld from the individual salary of the teacher has vested in him and is no longer “school funds.” OAG 73-503 .

A member of a board of education may be removed only for cause and where two members of a school board have refused to approve payment of bills (there being a vacancy on the school board and this refusal therefore effectively blocking payment), it is doubtful if this action would be held sufficient to remove the board members and the apparent solution would be to fill the school board vacancy pursuant to the provisions of KRS 160.190 . OAG 73-523 .

A member of the board of directors of a southern states cooperative who serves without remuneration other than that received by any other customer of the cooperative is not disqualified from serving as a member of a board of education which makes purchases from the southern states cooperative. OAG 73-530 .

Where a superintendent of schools recommended the employment of a high school principal, the employment was moved by the chairman of the board of education and seconded by a member of the board of education who was a first cousin of the candidate for the principal’s position, the chairman of the board voted yes on the motion, the member seconding the motion abstained because of his relationship with the candidate and two other members of the board abstained, there was no illegality involved. The three members of the board abstaining are counted as acquiescing with the majority of those present voting and the vote of the single person voting, the chairman, was decisive in carrying the motion and approving the recommendation of the superintendent. OAG 73-531 .

When a school board member moves his residence from the school district, this disqualifies him from membership on the board but his actions as a member of the school board would be legally effective until he either resigns or is removed by court order pursuant to ouster proceedings insitituted by and on behalf of the Attorney General under KRS 415.050 . OAG 73-558 .

Where member of board of education was a gasoline distributor who, solely as the result of federal mandatory fuel allocation regulations, was the supplier of gasoline for the school district, there was no violation of proscription against conflict of interest. OAG 74-132 .

Where school board member purchased materials for cheerleader uniforms and was reimbursed by the school principal, such reimbursement was not forbidden as a conflict of interest under this section. OAG 74-293 .

No conflict of interests would exist if the wife of a publisher of a paper that publishes legal advertisements for the county board of education is elected to the board of education. OAG 74-516 .

When a school board member moves his residence from the district for which he was chosen he will continue as a de facto member of the board of education and all his acts as a board member shall be valid until he either resigns or is removed by judgment of a court upon an action brought in the name of the commonwealth upon relation of the Attorney General. OAG 74-613 ; OAG 76-612 .

A teacher employed by a county board of education may legally be a candidate for the county board of education but if elected he would have to be released from his contract to teach before he would be eligible to serve. OAG 74-649 .

A person may not be a school board member and hold a position on the planning and zoning commission at the same time, but until he either resigns or is ousted by a judgment of the court, he is de facto officer in both agencies and his actions as such are valid. OAG 75-123 .

A dentist who is a member of a county board of education may perform dental services for school children under the auspices of the county health program since the funds involved are not school funds. OAG 75-358 .

There is no conflict where a school board member’s wife is a teacher in the same school system. OAG 75-416 .

A formal agreement between a bank and the school board as to a special rate of interest to be paid on money deposited by the board and a special rate of interest to be charged on loans to the board constitutes a contract for services and therefore creates a conflict of interest as to board members who are stockholders of the bank. OAG 75-481 ; 75-553, modified by OAG 77-231 to the extent of conflict.

When a school board member commits a disqualifying act, he is subject to removal by a court in a quo warranto proceeding brought by the Attorney General when requested by interested citizens, but until the school board member either resigns or is declared removed by a court judgment, he may continue as a de facto member of the board. OAG 75-481 , modified by OAG 77-231 to the extent of conflict.

If a bid is accepted, the contract is valid and enforceable even though the contract creates a conflict of interest. OAG 75-481 , modified by OAG 77-231 to the extent of conflict.

A local board of education may accept a bid from a bank for the payment of interest on deposits and for the charging of interest on loans if a member of the board of education is not a stockholder in that bank but only an advisory member as he has no monetary interest in the transaction. OAG 75-481 , modified by OAG 77-231 to the extent of conflict.

There is no conflict of interest when a school board member holds stock in a public utility or a company having a legally authorized monopoly and sells services or materials to the school board. OAG 75-553 , modified by OAG 77-231 to the extent of conflict.

The courts must decide if a school board candidate meets the residency requirements and actually and legally lives in the district or district division which he seeks to represent. OAG 76-121 .

It would not be a violation of this section for a board of education to award a contract for milk and dairy products to the companies submitting the low bid where one of the members of the board of education has a son who is employed as one of the 12 route salesmen by the firm submitting the low bid paid on the basis of salary and commission, and if the contract is awarded to his employer, he and the other route salesmen will participate in the contract by furnishing the dairy products to the school system and where the member of the board of education has no interest in or association with the firm submitting the low bid and his son has no ownership in the company but is only an employee. OAG 76-372 .

An employee of Kentucky Educational Television Authority under the state merit system who receives no profit from her work other than her regular salary may legally become a candidate for and serve, if elected, as a member of the local school board and at the same time retain her employment with Kentucky Authority for Educational Television. OAG 76-394 .

A conflict of interest would exist where an employee of a department store from which material and supplies were purchased with school funds is elected to the school board and the board continues to purchase material and supplies from her employer. OAG 76-408 ; 77-519.

Since the Economic Development Council is an agency of the city, county and chamber of commerce and the administrator of the Council serves at the same time the city, county and chamber of commerce, the position of assistant administrator is of a so-called hybrid nature, that is neither a city or county position as contemplated in Ky. Const., § 165, KRS 61.080 and KRS 160.180(1)(d) (now (2)(f)) and therefore no incompatibility would exist between the position of assistant administrator of the Economic Development Council and membership on a county school board. OAG 76-495 .

Since there exists no statutory or state constitutional incompatibility by holding two (2) state office positions, a Circuit Court Clerk or an employee of that office may legally qualify to be elected to membership on a local board of education. OAG 76-509 .

A member of a board of education would not be prohibited by this section from doing business with a P.T.A. group. OAG 76-596 .

A school board member who sells goods and services to the school sponsor of an eighth grade class within the school district violates the provisions of this section. OAG 76-596 .

Where a member of a local school board for an indepedent school system moves his residency into another school district, he should resign his position on the board at the time of the permanent removal of his residence from the district and where a member of a local school board of an independent school system does not remove his residence from the city until after the election, his election would be valid but the board member should resign as soon as he moves from the city. OAG 76-612 .

A member of a board of education which merges with another board of education to form a new board of education composed of the former two (2) boards of education who is permitted to serve out his unexpired term can file for reelection to a vacant seat on the new school board and still retain his present position which he holds as a result of the merger. OAG 77-34 .

A member of a county board of education would have to resign his position from the county school board prior to his becoming a candidate for sheriff in a May primary election. OAG 77-134 .

Only those transactions with a board of education which cause the school board to expend school funds create the disqualifying act prohibited under this section for the individual who serves on a local board of education and who also is an officer, director or stockholder of a banking institution with which the school board does business. OAG 77-231 ; OAG 78-830 , modifying OAG 75-481 and 75-553 to the extent of conflict.

Members of county board of education are state officers and at the same time the position of state ABC officer is one authorized pursuant to KRS 241.090 and such representatives have full police powers which may or may not place their position in the category of a state officer; and although subsection (1)(d) (now (1)(f)) of this section prohibits a school board member from holding and discharging the duties of any local office or agency under the city or county of his residence, it would not prohibit a school board member from holding employment or an appointive office with the state and of course a board member could not become a candidate for any public office, local or state; however, Const., § 165 and KRS 61.080 do not prohibit a person from holding two (2) state offices or employment at the same time. OAG 77-245 .

A county school board candidate who is a potato chip salesman could not continue to make sales to the county schools if he is elected to the school board. OAG 77-416 .

The courts must decide on a case by case basis whether a conflict of interest exists under this section. OAG 77-519 .

Although a member of a school board would be disqualified from holding that office at the time of his filing for the office of county judge (now county judge/executive), the board member does not vacate that office unless he either resigns or is removed by court action. OAG 77-588 .

A board member confronted with a subsection (4) situation should have the board’s minutes reflect that the school board member has disqualified himself or herself from voting and not merely abstained. OAG 78-159 (opinion prior to 1990 amendment).

Failing to meet the qualifications or doing that which is proscribed in this section constitutes cause for consideration for removal of a board of education member from office for usurpation of that office. OAG 78-159 .

The voting on position assignment is a matter coming within the term “appointment” as used in this section. OAG 78-159 .

This section is applicable to matters involving position assignments which are in effect appointments within the school system. OAG 78-159 .

This section should be a clarion signal to board members that whenever matters are raised which relate to a relative they should consider disqualifying themselves from voting on the matter. OAG 78-159 .

Where a member of the board of education sells from his business two (2) locks to a contract bus driver’s hired driver, where the board member did not receive money from claims or contracts of the board no disqualifying act was committed, for the board member did not sell an item of property to the board of education and he did not receive any school funds in payment for this property. OAG 78-274 .

If the local board of education votes to approve payment for medical examinations required by school law or regulation and to adopt a policy to regulate such payment, the contracting with the physician/spouse of the chairperson of the local board of education to perform any examinations for which any school money is expended would create a disqualifying condition prohibited by this section. OAG 78-365 .

The holding of the two (2) state office positions of superintendent of schools and member of a local school board does not by itself present a statutory or constitutional incompatibility under KRS 61.080 and Const., § 165. OAG 78-413 .

It does not constitute a conflict for a person serving an independent school district as a school principal to serve simultaneously as a school board member of the county school district in which the independent district is located. OAG 78-509 .

There is no statutory incompatibility between the offices of assistant commissioners of the Kentucky High School Athletic Association and members of a county board of education. OAG 78-583 .

Nothing in this section prevents one who has a brother who is a school principal from serving on the school board in the same system provided he does not participate in any vote concerning his brother. OAG 78-620 .

If a person is employed as a vocational school coordinator by a county board of education, then he could become a candidate for membership on the board but he could not serve on the board and at the same time continue to serve as an employee of a county school system. OAG 78-645 .

A person could hold office on the county board of education and at the same time serve as a state conservation officer. OAG 78-773 .

Subsection (1)(f) (now (2)(g)) of this section does not prohibit a candidate for board membership from having an interest in a contract or claim with the board for which school funds are expended so long as the contractual or claim relationship is terminated in all respects at the time of the election. OAG 78-830 .

The best practice most assuredly would always be for an individual to end any contractual or claim relationship with a board of education prior to becoming a candidate for membership on the board. OAG 78-830 .

The spouse of a school board member may not furnish professional services as team physician for the school system even if he receives reimbursement from the system’s insurance carrier for treatment of injuries received by team members and not from the system directly nor would the physician’s donation of said insurance payments to the school system’s athletic fund remove any violation of this section. OAG 78-832 .

The spouse of a school board member may not receive compensation from school funds for performing a physical examination required of school bus drivers even if he has been selected to perform said examination by the bus driver and not by the school system. OAG 78-832 .

A person holding the position of membership on the Marshall County Board of Education cannot at the same time serve as city treasurer of Calvert City. OAG 79-1 .

Since this section does not list “father-in-law,” a board member may vote on a motion to employ or appoint his or her father-in-law in the school system. OAG 79-91 .

The intent of this section is to exclude a board member who is related to an individual from casting a negative or affirmative vote regarding a matter of employment concerning the individual and is broad enough to cover any personnel action that particularly applies to the employment status of an individual related to a board member in a degree of kinship spelled out in the law; thus, a board member related to an employee was proper in disqualifying herself from casting a vote on the motion for termination of that employee. OAG 79-249 .

Either a board member or his family is free to submit bids for purchase of surplus school property. OAG 79-269 .

The key to whether action of a school board member would be in violation of this section is whether the school board member has an interest, directly or indirectly, in a claim or contract for which school moneys are expended, no matter how small. OAG 79-269 .

Under this section, a realty firm which employs a board member, or the wife of a board member, may not be considered for use in connection with the sale of surplus school property. OAG 79-269 .

Even a small stockholder interest in a bank by a school board member constitutes a disqualifying act when a local board of education borrows from that bank. OAG 79-555 .

If the only transaction between a bank and the school board is the demand deposit of funds for the drawing of checks or the deposit of school moneys in time deposits on which interest is paid by the bank to the school, there is no violation of this section when an officer, director or stockholder of the subject bank is also a member of the school board. OAG 79-555 .

While local school board members considering tax measures have a twofold interest which may not be always compatible, this kind of action fails to create a legal conflict of interest and does not amount to a situation “for which school funds are expended” and funds received by the local board members as is proscribed in this section. OAG 79-555 .

The office of city school board member and that of county comptroller are incompatible. OAG 80-92 .

No conflict of interest will arise where a county board of education member, who is also a dairy farmer, begins selling milk to a subsidiary of the company that has the contract to sell the entire school system milk, and he need not disqualify himself from voting as a board member on the milk contract, although he might do so to avoid even an appearance of impropriety. OAG 80-184 .

A person is eligible to run for a county board of education from the district from which they normally reside even though he or she has been temporarily forced to live outside the district by virtue of a casualty loss and repairs to their normal domicile. OAG 80-274 .

The provisions of subsection (1)(d) (now (2)(f)) of this section would prohibit an assistant Commonwealth Attorney from holding membership on the board of education while continuing to serve as assistant Commonwealth Attorney since the office of assistant Commonwealth’s Attorney is a state office. OAG 80-476 .

This section requires that a teacher who desires to be elected to a position on the board of education by which he or she is employed must not be performing teaching services on or after the date of the election. OAG 80-557 .

A school board member is not placed in a disqualifying position under this section simply because the spouse of the board member is a salaried employee with the law firm which is to be retained to represent the school system and/or school board, since the spouse-employee is not in a position to control or have input into who the law firm does business with, is not an owner or an officeholder in the law firm and actually has no financial interest in the law firm, in that receiving a salary does not create a financial interest. OAG 81-67 .

If a board member is in a position of not being able to vote on a matter involving a relative, the proper procedure is to disqualify himself from voting; a board member should not state he is abstaining on the motion since in Kentucky, by case law, an abstention vote is counted as acquiescing with the majority of those present and voting. OAG 81-351 .

A resignation from office by a school board member prior to the initiation of an ouster proceeding will not purge the board member’s disqualifying acts of misconduct so as to preclude the Attorney General from instituting a quo warranto or ouster action in the future should the board member, after resignation, be appointed to or gain a school board member position by election since reappointment or reelection to a school board member position does not stand as condonation of prior disqualifying acts of misconduct and such acts continue to provide legal cause to remove a school board member from membership. OAG 82-32 , modifying OAG 72-777 .

Even though it is alleged that a county board of education member does not meet the educational qualifications prescribed in subdivision (1)(c) (now (2)(c)) of this section, the Family Educational Rights and Privacy Act of 1974 (20 USCS, § 1232g) prohibits a school superintendent from providing to the office of Attorney General any information contained in the educational records of the former student who now is serving as the board member, unless there is in writing the prior written consent of the board member to do so. OAG 82-53 (opinion prior to the 1990 amendment).

Because the statutory language of subdivision (2)(i) of this section does not express any specific time requirement, the eligibility requirement in that provision takes effect at the time that the elected officer takes office. OAG 90-109 .

“Eligible to membership on a board of education” relates not to the time when filing as a candidate, and not to the time of election, but to the time when the elected candidate takes the oath of office and assumes the office; the expression “eligible to membership” means qualified for office. OAG 90-109 .

School board chairman who is running for re-election, may file despite the employment of his daughter by the school district for the remainder of his current term; however, as soon as the current term of office has expired, the terms of this section will not permit him to be eligible for membership on the school board if he has relatives who are employed by the school district and who were hired by the school district after the board member took office. OAG 90-109 .

The Kentucky Education Reform Act of 1990 clearly provides, in transitional sections, that incumbent members of school boards are eligible both to serve out the remainder of their terms, and to run for re-election, despite having relatives who were hired during their tenure employed by the school district; however, the elected candidate will not be eligible to take the oath of office and to serve as a board member unless the relatives first resign from employment. OAG 90-109 .

Continuous employment is ended if the relationship between the employer and the employee is severed. OAG 90-126 .

The phrase “initially hired”, as used in subdivision (2)(i) of this section, contemplates the beginning of the relative’s continuous employment by the school district, whether that employment is in a classified position or certified position, and whether that employment is part time, temporary, or full time. That employment, however, must be continuous. OAG 90-126 .

The question of when an individual became a board member’s relative has no impact on determining when the individual was “initially hired.” The statutory exception applies to a board member whose current relatives were not initially hired by the school district during the board member’s tenure. The statute offers no exception for a board member’s current relative who was not a relative at the time of being “initially hired.” OAG 90-126 .

Where a substitute teacher continued to teach from 1982 through 1986, when the teacher’s brother became a board member, and on to the present without interruption, the teacher would be found to have been initially hired prior to the time that the brother became a member of the board. OAG 90-126 .

A teacher employed by a school board of a district where the teacher does not reside is not prohibited from simultaneously serving as a member of a school board of a different district where the teacher does reside. OAG 90-127 .

A member of the county board of education may sell insurance to school employees on an individual basis. OAG 90-138 .

Any board member in office on July 13, 1990, who is re-elected after that date, will not be eligible to take office and to serve on the board of education if a relative (as defined in this section) who was hired after the incumbent’s earlier election, remains employed by the district. OAG 90-141 .

Any new candidate who was elected after July 13, 1990, who has relatives (as defined in this section) employed by the school district, will not be eligible to take office and to serve on the board of education. OAG 90-141 .

Eligibility criteria for membership on a board of education are mandatory; therefore, unless the elected candidate meets all of the statutory criteria, that individual is ineligible to serve on the board of education. OAG 90-141 .

Only the person entitled to the office or the Attorney General (on behalf of the Commonwealth) may institute and prosecute an action to prevent usurpation of office; neither the superintendent of schools nor a private citizen may do so, nor may the county board of education declare the office of one of its members vacant because of forfeiture on account of violation of this section. OAG 90-141 .

A conflict of interest exists where the Board of Education is expending school funds to a bank for the handling of bonds for the school district and a member of the Board of Education is married to a member of the Board of Directors of the bank. OAG 91-16 .

The superintendent of schools has no liability should an ineligible board member take office and attempt to serve; however, this office has asked superintendents and boards of education to advise the Attorney General office of such circumstances so that the situation may be evaluated and appropriate action may be taken. OAG 91-16 .

There is no conflict of interest statute prohibiting school board members from voting on general salary increases that affect teachers who are related to those board members and who work in the school system. OAG 91-60 .

An individual who withdrew from high school with 14 credits and entered the Armed Forces on November 4, 1952, honorably completed his military obligations, entered an accredited college in September 1956 and earned 461/2 credit hours, has been a board member for 16 years and is presently chairman, is not eligible to run for re-election unless that individual completes the twelfth grade or obtains his GED, and he also must file an affidavit as required under subdivision (2)(d) of this section certifying completion of the twelfth grade or its equivalent. OAG 91-76 .

A potential conflict of interest exists between the requirements of subsection (3) of this section for members of boards of education concerning influence in hiring school employees, and the duties authorized by KRS 160.345(2)(g) and (i) for members of site-based councils; subsection (3) of this section expressly prohibits a member of a board of education from having any influence on hiring of school personnel, while KRS 160.345(2)(g) and (i) give members of the council authority to recommend candidates to the principal to be hired. OAG 91-148 .

Even if a board member, who was also a council member, were to disqualify himself, while serving on the council, from engaging in any consideration of applicants or from voting on recommended applicants for school district positions, thereby eliminating potential conflicts over hiring issues, other potential conflicts could develop since the board sets policies for the councils of the district on areas in which the interests of the board may differ from the interests of the councils. OAG 91-148 .

If a school board member is elected to a site-based decision making council, the provisions of this section and KRS 160.345 create potential statutory conflicts of interest should that board member attempt to carry out the duties of both positions with regard to hiring decisions. OAG 91-148 .

The express language of this section does not preclude a board member from seeking election as a parent representative on the school council. OAG 91-148 .

The terms “brother” and “sister” include half-brother and half-sister, but not step-daughter or step-son. OAG 91-206 .

Attorney General opined that no statutory conflict of interest exists under KRS 45A.340 and this section between the positions of member of the State Board for Elementary and Secondary Education and executive director of the Lincoln Foundation; but it was not possible for the Attorney General to provide a general ruling as to whether a potential conflict of interest may exist at common law. OAG 91-226 .

Where county board of education incumbent candidate’s aunt was initially employed in August 1975, after incumbent began serving on the school board, and incumbent’s aunt was reemployed in August 1981, again, during incumbent’s tenure as a board member, under the provisions of subdivision (2)(i) of this section incumbent was ineligible to run for reelection to the county school board. OAG 92-81 .

A school board member who took the oath of office in January, 1991 and who has an aunt who is a blood relative working as a classified employee for the school system is ineligible to serve as a board member due to his aunt’s employment with the school district and such member should immediately tender his resignation to the school board so that a board member may be appointed to fill his vacancy. OAG 92-160 .

A school board member who was re-elected in November 1992 whose spouse is currently working for the school system and was hired after he became a board member is ineligible to serve as a board member due to his wife’s employment with the school district and such member should immediately tender his resignation to the school board so that a board member may be appointed to fill his vacancy. OAG 92-160 .

A prospective school board member who was elected in November 1992 and has a father and a sister who are currently working as classified employees for the school system is ineligible to serve on the board due to the school district’s employment of his father and sister and while he has not yet taken the oath of office he should decline to take the oath of office and immediately inform the school board of his intent not to take it. OAG 92-160 .

Where school board members who are ineligible to serve on the board due to the employment of a relative by the school system and who refuse to resign, the Office of the Attorney General may instigate ouster proceedings against them. OAG 92-160 .

An ineligible school board member who has taken the oath of office is a legal member of the board until he resigns or is ousted by an order of court; such member is considered a de facto officer and discharges his duties under color of title; thus any action taken by the board is legal notwithstanding the vote of the ineligible member. OAG 92-160 .

This section expressly prohibits a member of a board of education from remaining on the board after becoming a candidate for any office which is incompatible with the office of school board member, and applies to both county school district boards and to independent schools district boards; therefore, a board member having become a candidate for a city commission while simultaneously serving as a member of that city’s independent schools district board of education, was subject to removal. OAG 96-16 .

Research References and Practice Aids

Cross-References.

Incompatible offices, Ky. Const., §§ 165, 237; KRS 61.080 .

Removal of board members, KRS 156.132 to 156.142 .

Removal of officers generally, KRS 415.030 and 415.060 .

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

Young, Who’s the Boss?, Vol. 59, No. 4, Fall 1995, Ky. Bench & Bar 10.

Education Law: Hiring and Termination Issues, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 17.

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

160.190. Vacancies, how filled.

  1. Any vacancy in any board of education shall be filled by a majority vote of the remaining members of the local board within sixty (60) days after the vacancy occurs. Within thirty (30) days of the vacancy, the local board shall, for two (2) weeks, have solicited applications by posting a notice announcing the vacancy on the district’s Web site and by placing an advertisement in the newspaper of the largest general circulation in the county. An applicant shall file a letter of intent with the local board affirming that the applicant meets the eligibility requirements as established by KRS 160.180 and shall submit with the application a transcript evidencing completion of the twelfth grade or results of a twelfth grade equivalency examination. After the two (2) weeks of advertisement on the district’s Web site and in the newspaper, the local board shall select from the applicants under this subsection to fill the vacancy.
  2. If the local board fails to make an appointment under subsection (1) of this section, then the chief state school officer shall fill the vacancy within sixty (60) days of the failure.
  3. The member chosen under this section shall meet the eligibility requirements as established by KRS 160.180 and shall hold office until his or her successor is elected or appointed, and has qualified.
  4. Any vacancy having an unexpired term of one (1) year or more on August 1 after the vacancy occurs shall be filled for the unexpired term by an election to be held at the next regular election after the vacancy occurs. The elected member shall succeed the member chosen under subsection (1) or (2) of this section to fill the vacancy.
    1. If no candidate files a petition of nomination to fill an unexpired term on a local board of education under subsection (4) of this section, then a new vacancy shall exist on November 1 and the vacancy shall be filled according to subsection (1) of this section. (5) (a) If no candidate files a petition of nomination to fill an unexpired term on a local board of education under subsection (4) of this section, then a new vacancy shall exist on November 1 and the vacancy shall be filled according to subsection (1) of this section.
    2. If no candidate files a petition of nomination for a new term on a local board of education opening pursuant to KRS 118.315 and 118.365 , then a vacancy shall exist on January 1 and the vacancy shall be filled according to subsection (1) of this section.

History. 4399-30; amend. Acts 1974, ch. 57, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1984, ch. 376, § 2, effective July 13, 1984; 1990, ch. 476, Pt. II, § 70, effective July 13, 1990; 2019 ch. 24, § 1, effective June 27, 2019.

NOTES TO DECISIONS

  1. Construction.
  2. Manner of Filling.
  3. — Ninety Day Limitation.
  4. Vacancy from Date of Judgment.
  5. Abandonment of Office.
  6. Redistricting.
  7. Temporary Term During Merger.
1. Construction.

This section and KRS 156.070 and 156.210 must be construed together and mean that the state board should have control over the common schools, with the power of removal of such board members who might be found guilty of specified charges. Gearhart v. Kentucky State Board of Education, 355 S.W.2d 667, 1962 Ky. LEXIS 76 ( Ky. 1962 ).

2. Manner of Filling.

State Board of Education had power to fill vacancies caused by judgments declaring two (2) members of school board to be usurpers, where remaining members did not fill vacancies within 90-day period following entry of judgments. McClendon v. Hamilton, 277 Ky. 734 , 127 S.W.2d 605, 1939 Ky. LEXIS 723 ( Ky. 1939 ) (Decision prior to 1990 amendment).

3. — Ninety Day Limitation.

This section makes no distinction between vacancies whether from death, resignation or other cause, and in every case the board’s power to fill the vacancy is limited to the period of 90 days after the vacancy occurs. Kash v. Day, 239 S.W.2d 959, 1951 Ky. LEXIS 917 ( Ky. 1951 ).

4. Vacancy from Date of Judgment.

Where two (2) members of school board were adjudged to be usurpers in quo warranto proceeding in Circuit Court, judgment was effective as of its date, notwithstanding appeal and execution of supersedeas bond, and where judgment was affirmed on appeal, their offices were vacant from the date of the original judgment, rather than the date the mandate was filed or judgment entered according to the mandate. McClendon v. Hamilton, 277 Ky. 734 , 127 S.W.2d 605, 1939 Ky. LEXIS 723 ( Ky. 1939 ).

5. Abandonment of Office.

A vacancy may be created by abandonment of the office, and one who has done so is thereafter estopped from denying the vacancy. Horn v. Wells, 253 Ky. 494 , 69 S.W.2d 1011, 1934 Ky. LEXIS 695 ( Ky. 1934 ).

6. Redistricting.

A school board member, sitting as a de facto officer, who casts a deciding vote in favor of a redistricting plan which moves his precinct from one district to another may run for the school board seat in his new district. Burkhart v. Blanton, 635 S.W.2d 328, 1982 Ky. App. LEXIS 222 (Ky. Ct. App. 1982).

7. Temporary Term During Merger.

The merger agreements, which provided that if, for any reason, any appointed member of the merged board could not complete his temporary term, the position was to be filled with an alternate, did not conflict with this section as the agreements merely provided temporary security for all school districts during the critical transition, and authority for the agreements was provided for by the general authority granted by virtue of the merger statute, KRS 160.040 . Appeal of Muhlenberg County Bd. of Education, 714 S.W.2d 168, 1986 Ky. App. LEXIS 1194 (Ky. Ct. App. 1986).

Cited:

Saylor v. Rockcastle County Board of Education, 286 Ky. 63 , 149 S.W.2d 770, 1941 Ky. LEXIS 216 ( Ky. 1941 ); Choate v. Commonwealth, 347 S.W.2d 81, 1961 Ky. LEXIS 347 ( Ky. 1961 ).

Opinions of Attorney General.

Where five months after taking office school board members had not yet taken the statutory oath, the state board of education was required to fill the resulting vacancies pursuant to this section. OAG 61-485 . (Decision prior to 1990 amendment).

Vacancies on school boards are not filled by election for the unexpired terms as is the case with respect to all other vacancies in elective offices. OAG 72-796 .

Where a member of the board of education resigned in July 1975, and the board appointed another person to fill the vacancy which expired in January, 1977, since the unexpired term exceeds one year as of the November election, the newly appointed board member will only serve until his successor was elected in the November 1975 election to finish the unexpired term. OAG 75-540 .

In view of KRS 63.010 and this section, the resignation of a board member is not effective, and there is no vacancy on the board, until the resignation is tendered in writing to and accepted by the board. OAG 75-635 .

A vacancy occurring on a county board of education on September 30 could not be filled at the November election for that year but would have to be filled in the general election the following year. OAG 77-649 .

Where a school board member, whose term was not to expire until December, 1982, resigned in August, 1980, the board will appoint someone to fill the vacancy until November, 1980, at which time someone will be elected to fill out the unexpired term to serve until December, 1982; where two natural four year vacancies on the board will also be filled at the November, 1980 general election, the candidates interested in running for the unexpired term should specify on the petition form that they are running for the unexpired term as this office is required to be listed as such on the ballot and separately from the offices to be filled for regular four year terms; in the event that no candidates file to fill the unexpired term, the county clerk is nevertheless required to place the office on the ballot for the unexpired term for “write-in” purposes since this section requires that the vacancy be filled which is not predicated on the filing of candidates for the vacancy. OAG 80-414 .

Where a county board of education member resigned on March 2 after filing as a candidate for sheriff, lost the primary election for sheriff on May 26 and was reappointed to the board by the other board members on June 2, his reappointment was invalid, since the legal vacancy occurred when the member became a candidate for an incompatible office under subsection (2) of KRS 160.180 , and because the board of education did not fill the vacancy within 90 days of the vacancy, as required by this section, the State Board of Education must fill the vacancy, because the power to fill the vacancy passes from the local to the State Board after the 90 days have elapsed, but the State Board’s 30-day period to take action does not begin until it has received notice that the 90 days have passed. OAG 81-316 .

Subsection (2) of this section applies to all district school board appointments whether under subsection (1) of this section or under KRS 160.210(1)(b), and it requires an election for the remainder of the term if one year or more of the term remains to be served; therefore, a district school board member appointed pursuant to KRS 160.210(1)(b) serves only until the next (November) regular election unless less than one year remains to be served at the time the position becomes vacant. OAG 90-135 .

The legislature’s intent is clear that appointees to a local board of education may serve no longer than one year until the next November election; to conclude that a person appointed at the beginning of the four year term under KRS 160.210(1)(b) could serve the entire four year term but a person appointed to complete a term in which less than four years but more than one year remains could only serve until the next November election would lead to an absurd result. OAG 90-135 .

A school board member who took the oath of office in January, 1991 and who has an aunt who is a blood relative working as a classified employee for the school system is ineligible to serve as a board member due to his aunt’s employment with the school district and such member should immediately tender his resignation to the school board so that a board member may be appointed to fill his vacancy. OAG 92-160 .

A school board member who was re-elected in November 1992 whose spouse is currently working for the school system and was hired after he became a board member is ineligible to serve as a board member due to his wife’s employment with the school district and such member should immediately tender his resignation to the school board so that a board member may be appointed to fill his vacancy. OAG 92-160 .

A prospective school board member who was elected in November 1992 and has a father and a sister who are currently working as classified employees for the school system is ineligible to serve on the board due to the school district’s employment of his father and sister and while he has not yet taken the oath of office he should decline to take the oath of office and immediately inform the school board of his intent not to take the oath. OAG 92-160 .

A write in candidate may only run for a school board seat in which there is a validly filed and qualified candidate on the ballot. OAG 03-001 .

Research References and Practice Aids

Cross-References.

Resignations, removals and vacancies, KRS Ch. 63.

Kentucky Bench & Bar.

Kirby, School-Based Decision Making, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 15.

160.200. Time of election of board members.

  1. All elections for members of boards of education shall be in even numbered years, for a term of four (4) years, except as provided in KRS 160.210(5). Except as provided in subsection (3) of this section, the elections shall be held at the regular November election.
  2. In each even numbered year, there shall be held an election in every county and independent district to fill the membership of the boards of education for the terms that will expire on the first Monday in January following, and the regularly elected members shall hold office for four (4) years and until their successors are elected and have qualified.
  3. Any independent school district embracing a designated city may, at the discretion of its board of education, hold its election of board members at its public school building on the first Saturday in May. The election shall be held by three (3) officers appointed by the board of education and the expenses of the election shall be paid from the treasury of the school district. In all other respects the provisions of this chapter relating to holding elections for board members shall apply.
  4. In counties containing a city of the first class, wherein a merger pursuant to KRS 160.041 shall have been accomplished, the terms of the members shall be as provided in KRS 160.210(5). Elected members of such boards, excepting those boards of education representing ten percent (10%) or less of the student population of the county serving at the effective date of such a merger shall continue to serve until their term expires, but no appointments shall be made to fill vacancies. The terms of office of members of boards of education representing ten percent (10%) or less of the student population of the county shall expire on the effective date of the merger.
  5. As used in this section, “designated city” means a city classified as a city of the fifth class as of January 1, 2014, under the city classification system in effect prior to January 1, 2015. The Department of Education shall, on or before January 1, 2015, create an official registry listing the cities that qualify as a “designated city” under this section and shall publish that registry on its Web site.

History. 4399-24, 4399-27; amend. Acts 1974, ch. 224, § 3; 1982, ch. 59, § 2, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 228, effective July 13, 1990; 2014, ch. 92, § 224, effective January 1, 2015.

NOTES TO DECISIONS

  1. Time of Election.
  2. — Designation of Election Day.
  3. — Notice.
  4. Local Option Election.
  5. Election Contest.
1. Time of Election.

A member of the county board of education is a state officer rather than a local officer and where term would not end at next succeeding annual election vacancy should be filled by election for the remainder of the term at November election along with members for the United States House of Representatives. Ward v. Siler, 272 Ky. 424 , 114 S.W.2d 516, 1938 Ky. LEXIS 139 ( Ky. 1938 ).

2. — Designation of Election Day.

When a board designates the first Saturday in May as the regular election day, it remains so until changed. Norton v. Letton, 271 Ky. 353 , 111 S.W.2d 1053, 1937 Ky. LEXIS 242 ( Ky. 1937 ).

3. — Notice.

The May elections are regular and general political elections, and no notice thereof is required. Norton v. Letton, 271 Ky. 353 , 111 S.W.2d 1053, 1937 Ky. LEXIS 242 ( Ky. 1937 ).

4. Local Option Election.

A local option election cannot be held within 30 days of a school board election held in May. Norton v. Letton, 271 Ky. 353 , 111 S.W.2d 1053, 1937 Ky. LEXIS 242 ( Ky. 1937 ).

5. Election Contest.

Appointment of county school superintendent prior to time when vacancy would occur, by board of which three members whose terms had expired purported to act for three duly elected and qualified members pending determination of election contest which was decided prior to occurrence of vacancy, was void. Maynard v. Gilbert, 283 Ky. 227 , 140 S.W.2d 1064, 1940 Ky. LEXIS 320 ( Ky. 1940 ).

Cited:

Spurlock v. Spradlin, 266 Ky. 164 , 98 S.W.2d 480, 1936 Ky. LEXIS 627 ( Ky. 1936 ); Brumleve v. Ruth, 302 Ky. 813 , 195 S.W.2d 777, 1946 Ky. LEXIS 948 , 1946 Ky. LEXIS 949 ( Ky. 1946 ); Broyles v. Commonwealth, 309 Ky. 837 , 219 S.W.2d 52, 1949 Ky. LEXIS 826 ( Ky. 1949 ); Cawood v. Hensley, 247 S.W.2d 27, 1952 Ky. LEXIS 661 ( Ky. 1952 ); Adams v. Commonwealth, 268 S.W.2d 930, 1954 Ky. LEXIS 931 ( Ky. 1954 ); Commonwealth ex rel. Buckman v. Miller, 272 S.W.2d 468, 1954 Ky. LEXIS 1109 ( Ky. 1954 ); Commonwealth by Breckinridge v. Woods, 342 S.W.2d 534, 1961 Ky. LEXIS 391 ( Ky. 1961 ); Board of Education v. Board of Education, 522 S.W.2d 854, 1975 Ky. LEXIS 143 ( Ky. 1975 ).

Opinions of Attorney General.

Under subsection (2) of this section, if an apparently successful candidate for school board is restrained or enjoined by a court from taking office pending the outcome of an election contest, the incumbent member of the board will hold over until the controversy is resolved and since the incumbent is continuing his term and not commencing a new term, he need not take the oath of office. OAG 60-1265 .

Under subsection (2) of this section an incumbent board member continues to serve until the new member is qualified or until a vacancy is declared to exist. OAG 60-1266 .

It is permissible for a successful candidate for the school board to take the statutory oath of office at a school board meeting to be held the second Monday in January. OAG 65-4 .

No recall of local school board members is provided for in this chapter. OAG 75-118 .

Where, after a merger of school boards during the transitional period due to the procedure for election of members to the new school board provided for in subsection (3) of KRS 160.210 , some divisions of the county would not be represented by any board member, the board should, by lot, determine a member to represent these unrepresented divisions until the election for the initial four year term is held for representatives from these sections. OAG 77-35 .

160.210. Election of board members — Divisions in districts — Change in boundary lines of divisions — Boards in counties containing city of first class.

  1. In independent school districts, the members of the school board shall be elected from the district at large. In county school districts, members shall be elected from divisions.
  2. The board of education of each county school district shall, not later than July 1, 1940, divide its district into five (5) divisions containing integral voting precincts and as equal in population insofar as is practicable. In first dividing the county district into divisions the board shall, if more than one (1) of its members reside in one (1) division, determine by lot which member from that division shall represent that division, and which members shall represent the divisions in which no member resides. The members so determined to represent divisions in which no member resides shall be considered the members from those divisions until their terms expire, and thereafter the members from those divisions shall be nominated and elected as provided in KRS 160.200 and 160.220 to 160.250 .
  3. Any changes made in division boundary lines shall be to make divisions as equal in population and containing integral voting precincts insofar as is practical. No change may be made in division boundary lines less than five (5) years after the last change in any division lines, except in case of merger of districts, a change in territory due to annexation, or to allow compliance with KRS 117.055(2).
    1. Notwithstanding the provisions of subsection (3) of this section, if one hundred (100) residents of a county school district division petition the Kentucky Board of Education stating that the school district divisions are not divided as nearly equal in population as can reasonably be expected, the chief state school officer shall cause an investigation to determine the validity of the petition, the investigation to be completed within thirty (30) days after receipt of the petition. (4) (a) Notwithstanding the provisions of subsection (3) of this section, if one hundred (100) residents of a county school district division petition the Kentucky Board of Education stating that the school district divisions are not divided as nearly equal in population as can reasonably be expected, the chief state school officer shall cause an investigation to determine the validity of the petition, the investigation to be completed within thirty (30) days after receipt of the petition.
    2. If the investigation reveals the school district to be unequally divided according to population, the Kentucky Board of Education, upon the recommendation of the chief state school officer, shall order the local board of education to make changes in school district divisions as are necessary to equalize population within the five (5) school divisions.
    3. If any board fails to comply with the order of the Kentucky Board of Education within thirty (30) days or prior to August 1 in any year in which any members of the board are to be elected, members shall be elected from the district at large until the order of the Kentucky Board of Education has been complied with.
    4. No change shall be made in the boundary of any division under the provisions of this subsection after August 1 in the year in which a member of the school board is to be elected from any division.
  4. Notwithstanding the provisions of subsection (2) of this section, in counties containing a city of the first class wherein a merger pursuant to KRS 160.041 shall have been accomplished, there shall be seven (7) divisions as equal in population as is practicable, with members elected from divisions. To be eligible to be elected from a division, a candidate must reside in that division. The divisions, based upon 1970 United States Census Bureau Reports on total population by census tracts for Jefferson County, Kentucky shall be as follows: Division One shall include census tracts 1-28; Division Two shall include census tracts 29-35, 47-53, 57-74, 80-84, 93, 129, 130; Division Three shall include census tracts 75-79, 85-88, 98-106, 107.01, 108; Division Four shall include census tracts 121.01, 123-128; Division Five shall include census tracts 36-46, 56, 90, 120, 121.02, 122; Division Six shall include census tracts 54, 55, 91, 92, 94, 95, 110.02, 113, 114, 117.01, 117.02, 118, 119; Division Seven shall include census tracts 89, 96, 97, 107.02, 109, 110.01, 111, 112, 115, 116, 117.03, 131, 132. The terms of the members to be elected, KRS 160.044 notwithstanding, shall be four (4) years and the election for the initial four (4) year terms shall be as follows: The election of the members from Divisions Two, Four and Seven shall be held at the next regular November election following the effective date of the merger pursuant to KRS 160.041 , and the election of the members from Divisions One, Three, Five and Six shall be held at the regular November election two (2) years thereafter.
  5. In counties containing cities of the first class, responsibility for the establishment or the changing of school board division boundaries shall be with the local board of education, subject to the review and approval of the county board of elections. Where division and census tract boundaries do not coincide with existing election precinct boundaries, school board divisions shall be redrawn to comply with precinct boundaries. In no instance shall precinct boundaries be redrawn nor shall a precinct be divided to accommodate the drawing of school board division lines. Precinct boundaries nearest existing school board division boundaries shall become the new division boundary. All changes under this statute shall be completed on or before January 1, 1979, and on or before January 1 in any succeeding year in which a member of the school board is to be elected from any division. A record of all changes in division lines shall be kept in the offices of the county board of education and the county board of elections. The board of education shall publish all changes pursuant to KRS Chapter 424. A copy of the newspaper in which the notice is published shall be filed with the chief state school officer within ten (10) days following its publication.

History. 4399-24; amend. Acts 1956 (1st Ex. Sess.), ch. 7, Art. II, § 6; 1966, ch. 239, § 146; 1968, ch. 48; 1974, ch. 224, § 4; 1978, ch. 155, § 82, effective June 17, 1978; 1978, ch. 380, § 1, effective June 17, 1978; 1982, ch. 59, § 3, effective July 15, 1982; 1982, ch. 227, § 1, effective July 15, 1982; 1990, ch. 476, Pt. II, § 69, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 243, § 13, effective April 1, 1998; 2004, ch. 148, § 1, effective July 13, 2004; 2018 ch. 105, § 4, effective April 4, 2018; 2019 ch. 24, § 2, effective June 27, 2019.

Legislative Research Commission Notes.

(4/4/2018). The amendments made to this statute in 2018 Ky. Acts ch. 105, sec. 4 are effective April 4, 2018. SB 101 (Ch. 105) was delivered to the Governor on March 22, 2018. The 10-day, not counting Sundays, veto period began on the next day, March 23, and ended at midnight on April 3, 2018. The Governor returned that bill to the Secretary of State on April 2 without signing it. Therefore, since the Governor could have retrieved it and signed it or vetoed it prior to the end of April 3, the bill would not take effect until the first moment of April 4, 2018 following the expiration of the 10-day veto period.

NOTES TO DECISIONS

  1. Divisions or Consolidation of Schools.
  2. “Reside” Defined.
  3. Contiguous Territory.
  4. Elections from Districts.
1. Divisions or Consolidation of Schools.

Where there has been a merger of an independent school district with the county district, the county board should redivide its territory to take care of the increased constituency. Stuff v. Webster County Board of Education, 339 S.W.2d 189, 1960 Ky. LEXIS 443 ( Ky. 1960 ).

The statutory power under this section is vested in the board of education and not in the Circuit Court and the court did not have the power to require the board to redivide its district within the five-year period after the board had adopted an order changing its division boundaries following a merger of an independent school district with the county district. Stuff v. Webster County Board of Education, 339 S.W.2d 189, 1960 Ky. LEXIS 443 ( Ky. 1960 ).

Consolidation of schools by county board of education could not be collaterally attacked on basis that the five divisions of the county educational district from which members were elected did not comply with the provisions of this section that they be nearly equal in population and contain integral voting precincts. Stuff v. Webster County Board of Education, 339 S.W.2d 189, 1960 Ky. LEXIS 443 ( Ky. 1960 ).

Creation of seven election districts by reference to census tracts to be used only upon the merger of the school district of a first-class city with the county school district for election of board members does not violate Const., § 59 since election districts laid out by the board of education would likely give less representation to various minority groups than the census tract districts. Board of Education v. Board of Education, 522 S.W.2d 854, 1975 Ky. LEXIS 143 ( Ky. 1975 ).

A school board member, sitting as a de facto officer, who casts a deciding vote in favor of a redistricting plan which moves his precinct from one district to another may run for the school board seat in his new district. Burkhart v. Blanton, 635 S.W.2d 328, 1982 Ky. App. LEXIS 222 (Ky. Ct. App. 1982).

2. “Reside” Defined.

To reside means to “live, dwell, abide, sojourn, stay, remain, lodge” and an individual who had physically resided for three years outside division of school district without other than a “floating” intention to return to his former residential area was not temporarily absent from the district and since he had lost his legal voter status in the district he was not qualified to serve the district as a member of the county board of education and his name should be removed from the ballot. Moore v. Tiller, 409 S.W.2d 813, 1966 Ky. LEXIS 74 ( Ky. 1966 ).

3. Contiguous Territory.

It was not competent for county school district, under subsection (2) of this section, to divide county school district into election districts which were not composed of contiguous territory. Marshall v. White, 287 Ky. 290 , 152 S.W.2d 945, 1941 Ky. LEXIS 531 ( Ky. 1941 ).

4. Elections from Districts.

In merger situations, this section mandates that elections of school board members shall be from districts, not the county-at-large. Appeal of Muhlenberg County Bd. of Education, 714 S.W.2d 168, 1986 Ky. App. LEXIS 1194 (Ky. Ct. App. 1986).

Cited:

Brumleve v. Ruth, 302 Ky. 813 , 195 S.W.2d 777, 1946 Ky. LEXIS 948 , 1946 Ky. LEXIS 949 ( Ky. 1946 ); Gearhart v. Kentucky State Board of Education, 355 S.W.2d 667, 1962 Ky. LEXIS 76 ( Ky. 1962 ).

Opinions of Attorney General.

The statute simply requires that the school division boundaries be changed to coincide with the precinct lines when such is possible under the terms of this section. OAG 62-242 .

The attempt of a board of education to redistrict the school boundary lines on January 6 of the year in which school board members were to be elected was invalid and of no effect. OAG 64-166 .

If creating an unrepresented division is unavoidable in order to substantially comply with the statutory requirement regarding population, such change would be legal and the provisions of subsection (2) should be utilized. OAG 65-775 .

There is nothing illegal where due to consolidation the election precinct boundaries are bisected by the school division boundary lines and the magisterial boundary lines, because they are controlled by separate statutes. OAG 68-141 .

If a redivision of a school district made pursuant to subsection (4) of this section results in a division in which two members of the board reside and a division in which no member of the board resides, the provisions of subsection (2) of this section should be utilized and the board should determine by lot which of the two members residing in the same division shall represent the division in which no member resides. OAG 68-393 .

The boundary lines of the divisions of the county school districts are finally determined by the local board of education so as to equalize population within the five school divisions. OAG 69-403 .

The divisions of a school district for the purpose of electing members to the board of education should be made on the basis of population and the number of registered voters in the respective divisions has no bearing on the matter. OAG 73-862 .

Where an attempt by a school district to comply with this statute leaves intact existing voting precinct boundaries but results in a disparity of 15 to 20 percent in population between the districts, the board of education has considerable latitude in trying to equalize population, and the voting precincts will not be disturbed unless the population is so unequal as to offend fourteenth amendment rights. OAG 74-17 .

Where after merger of two school districts the boards of education of the districts divided the county into five divisions which did not contain strict integral voting precincts, but were divided by school district boundary lines, board of elections had no jurisdiction to require boards of education to redraw district lines so as not to split precinct boundary lines. OAG 74-197 .

A person seeking election to a county school district board must live and reside in the division of the school district from which he seeks election. OAG 76-121 .

It is the sole duty and obligation of the school board, pursuant to this section, to alter school division boundary lines as provided therein. OAG 76-367 ; OAG 76-417 .

Where, after a merger of school boards during the transitional period due to the procedure for election of members to the new school board provided for in subsection (3) of this section, some divisions of the county would not be represented by any board member, the board should, by lot, determine a member to represent these unrepresented divisions until the election for the initial four year term is held for representatives from these sections. OAG 77-35 .

Initial four-year terms to the new seven member board positions of the Board of Education of Jefferson County not an election of a successor to those going off the Board, is what is called for in subsection (3) of this section. OAG 77-35 .

A local board of education may designate attendance areas and draw boundary lines under its general authority provided by KRS 160.290 and nothing in this section prevents this being done in an election year. OAG 78-366 .

Subdivision (1)(b) of this section necessarily precludes write-in votes when no candidate has filed a nominating petition for that school board position within the statutory deadline, since no election is held in that event. OAG 90-105 .

Write-in votes are authorized in a county school board division election only if at least one valid nominating petition has been filed for the school board position in that particular geographic division; otherwise, KRS Chapter 160 does not require an election in that particular division, and write-in votes for the school board position in that particular division are not authorized since subdivision (1)(b) of this section directs the “chief state school officer” to appoint the school board member representing that particular division. OAG 90-105 .

KRS 160.190(2) applies to all district school board appointments whether under KRS 160.190(1) or under subdivision (1)(b) of this section and requires an election for the remainder of the term if one year or more of the term remains to be served; therefore, a district school board member appointed pursuant to subdivision (1)(b) of this section serves only until the next (November) regular election unless less than one year remains to be served at the time the position becomes vacant. OAG 90-135 .

The legislature’s intent is clear that appointees to a local board of education may serve no longer than one year until the next November election; to conclude that a person appointed at the beginning of the four year term under subdivision (1)(b) of this section could serve the entire four year term but a person appointed to complete a term in which less than four years but more than one year remains could only serve until the next November election would lead to an absurd result. OAG 90-135 .

In the event of an annexation or merger, the school board may redraw the division lines through existing county voting precincts where it is impracticable to maintain voting precincts; however, splitting a precinct is a last resort to be used only when equalization cannot be obtained in any other way. OAG 93-6 .

Subsection (3) of this section does not set a specific time frame that a school board must follow when drawing the redistricting lines; however, the school board should vote on a redistricting plan as expeditiously as possible. The restriction in subdivision (4)(d) of this section forbidding redrawing division lines after August 1 in a board election year would not apply in a redistricting resulting from an annexation or merger; the August 1 redistricting deadline would only apply when residents file a petition to redistrict with the State Board for Elementary and Secondary Education pursuant to subsection (4) of this section. OAG 93-6 .

Subsection (6) of this section applies only to counties containing cities of the first class since this subsection may conflict with the redistricting requirements that apply to other counties. OAG 93-6 .

Under subsection (3) of this section, a county board of education was required to redraw the divisions where the boundary lines of the county board of education decreased by 1,000 acres of property and caused unequal division of population in the school district. OAG 93-6 .

A write in candidate may only run for a school board seat in which there is a validly filed and qualified candidate on the ballot. OAG 03-001 .

Proposal of the Department of Education to have the Commissioner of Education appoint a school board member when all candidates for that position have withdrawn their petitions of nomination prior to the August filing deadline, but to have an election whenever at least one petition remains on file for that seat at the August deadline, is consistent with the language and intent of subsection (1) of this section. OAG 04-007 .

160.212. Election of board members where school district extends beyond a single county’s boundary.

  1. In a school district where the district boundary extends beyond the boundary of a single county, candidates for election to the school board shall be elected from the district at large. Nomination papers shall be filed with and certified by the clerk of the county in which the candidate resides in accordance with the provisions of KRS 118.165 .
    1. The clerk of the county in which a certified candidate resides shall provide the name of the certified candidate to the clerk in each county in which the school district boundary extends. (2) (a) The clerk of the county in which a certified candidate resides shall provide the name of the certified candidate to the clerk in each county in which the school district boundary extends.
    2. The name of the certified candidate shall appear on the ballot in all counties in which the school district boundary extends.
  2. Each clerk shall certify the vote totals for every candidate receiving votes to the clerk of the other counties into which the boundary of the school district extends, and a certificate of election shall be issued in accordance with KRS 118.425 .

HISTORY: 2016 ch. 62, § 5, effective July 15, 2016.

160.220. Secret votes — Nominating petitions.

All elections for members of boards of education shall be by secret vote. The county clerk shall cause to be prepared for presentation to the voters the names of legally eligible candidates who have filed a petition as provided in KRS 118.315 .

History. 4399-25; Acts 1964, ch. 83, § 1; 1966, ch. 255, § 151; 1972, ch. 188, § 65, effective December 1, 1972; 1978, ch. 384, §§ 46, 568, effective June 17, 1978; 1982, ch. 360, § 45, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 426, effective July 13, 1990.

Compiler’s Notes.

This section (4399-25; amend. Acts 1964, ch. 83, § 1; 1966, ch. 255, § 151; 1972, ch. 188, § 65, effective December 1, 1972; 1978, ch. 384, §§ 46, 568, effective June 17, 1978; 1982, ch. 360, § 45, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 426, effective July 13, 1990.

NOTES TO DECISIONS

  1. Ballot.
  2. Name on Ballot.
  3. Candidate Entitled to Office.
  4. Contest of Election.
1. Ballot.

Elections not conducted by secret ballot are illegal and will be set aside. Bowles v. Knight, 257 Ky. 640 , 78 S.W.2d 913, 1935 Ky. LEXIS 68 ( Ky. 1935 ).

2. Name on Ballot.

Where court had decided name of candidate for member of county board of education was not properly on the ballot at the November election, therefore he was not elected a member and there was vacancy in the office, appeal from determination in quo warranto as to whether he was qualified was a moot question and was dismissed. Commonwealth ex rel. Meredith v. Bogie, 287 Ky. 103 , 152 S.W.2d 286, 1941 Ky. LEXIS 504 ( Ky. 1941 ).

Where, through mistake of printer, ballots for election of school board members in one educational division erroneously carried names of candidates from another division, neither election officers nor voters had right to strike out printed names and substitute written names of proper candidates, and all such ballots were void. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ).

Where ballots furnished to some of precincts in one educational division, in school board election, were void because they erroneously carried names of candidates from another division, and total number of registered voters in such precincts was more than 20 percent of the total for the educational division, the entire election was void although the votes actually cast in such precincts did not change the result of the election. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ). See Hillard v. Lakes, 294 Ky. 659 , 172 S.W.2d 456, 1943 Ky. LEXIS 510 ( Ky. 1943 ).

3. Candidate Entitled to Office.

The candidate for an office who has not received a plurality of the legal votes cast is not entitled to the office although the candidate who received a plurality of the legal votes is, for any reason, ineligible except where a successful candidate has violated the corrupt practice act in a primary election. Bogie v. Hill, 286 Ky. 732 , 151 S.W.2d 765, 1941 Ky. LEXIS 323 ( Ky. 1941 ).

4. Contest of Election.

Failure to sue to enjoin placing of opponent’s name on ballot does not prevent candidate from thereafter contesting his opponent’s election on that ground. Bogie v. Hill, 286 Ky. 732 , 151 S.W.2d 765, 1941 Ky. LEXIS 323 ( Ky. 1941 ).

A candidate for office duly nominated in the manner prescribed may maintain an action to have the election vacated. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ).

160.230. Presentation of candidate names.

The candidate names shall be presented to the voters in the form prescribed by the general election law, except that no party emblem or distinguishing mark shall be used, save the words “School Candidates.” The order in which the names of the candidates are to appear shall be determined by lot. As many additional spaces shall be left blank as there are members to be elected from the district or division as the case may be.

History. 4399-25; Acts 1962, ch. 88, § 3; 1982, ch. 360, § 46, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 427, effective July 13, 1990.

Compiler’s Notes.

This section (4399-25; amend. Acts 1962, ch. 88, § 3; 1982, ch. 360, § 46, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 471, effective July 13, 1990.

NOTES TO DECISIONS

  1. Voting Machine Act.
  2. Right to Have Name on Ballot.
  3. Erroneous Listing of Candidates.
1. Voting Machine Act.

Provisions of this section in conflict with the Voting Machine Act (repealed) are repealed by the act wherever voting machines are used in elections for members of the board of education. Grauman v. Jefferson County Fiscal Court, 294 Ky. 149 , 171 S.W.2d 36, 1943 Ky. LEXIS 402 ( Ky. 1943 ).

2. Right to Have Name on Ballot.

The right of a candidate to have his name printed on the ballot is a valuable right not to be lightly disregarded. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ).

3. Erroneous Listing of Candidates.

Where, through mistake of printer, ballots for election of school board members in one educational division erroneously carried names of candidates from another division, neither election officers nor voters had right to strike out printed names and substitute written names of proper candidates, and all such ballots were void. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ).

Where ballots furnished to some of precincts in one educational division, in school board election, were void because they erroneously carried names of candidates from another division, and total number of registered voters in such precincts was more than 20 percent of the total for the educational division, the entire election was void although the votes actually cast in such precincts did not change the result of the election. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ); Hillard v. Lakes, 294 Ky. 659 , 172 S.W.2d 456, 1943 Ky. LEXIS 510 ( Ky. 1943 ).

Cited:

Grauman v. Jefferson County Fiscal Court, 294 Ky. 149 , 171 S.W.2d 36, 1943 Ky. LEXIS 402 ( Ky. 1943 ); Adams v. Commonwealth, 268 S.W.2d 930, 1954 Ky. LEXIS 931 ( Ky. 1954 ); Commonwealth ex rel. Buckman v. Miller, 272 S.W.2d 468, 1954 Ky. LEXIS 1109 ( Ky. 1954 ); Roberts v. Byrd, 344 S.W.2d 378, 1961 Ky. LEXIS 220 ( Ky. 1961 ).

Opinions of Attorney General.

The provisions of this section which prohibit placing party emblems or distinguishing marks on school ballots qualify and supersede the provisions of KRS 118.080 (repealed) that require candidates to designate a party and device by which they are to be designated on the ballot and school candidates are not permitted to make such designations. OAG 64-666 .

School elections are nonpartisan in the sense that the candidates are under what is designated as a school ballot without any party emblem or party designation and as a consequence would appear to fall within the exception to the Hatch Act. OAG 68-476 .

Since school board candidates nominated by petition under KRS 118.315 may not, under this section, be represented by any political organization, the petitioners of such candidates may not fill vacancies occurring after the deadline for filing in the manner prescribed in KRS 118.325 . OAG 75-612 .

If at least one valid nominating petition is filed for election to an independent school board, an election must be held, and write-in votes may be made for all five school board positions. OAG 90-105 .

160.240. General election laws apply — Expense.

  1. The general election laws shall apply to all elections of school board members.
  2. In school districts embracing designated cities, the expense of the election shall be paid by the city from its general funds. In all other districts the expense shall be paid by the fiscal court out of its general funds.
  3. As used in this section, “designated city” has the same meaning as in KRS 160.020 .

History. 4399-25; Acts 1978, ch. 30, § 1, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 428, effective July 13, 1990; 2014, ch. 92, § 225, effective January 1, 2015.

NOTES TO DECISIONS

  1. Construction.
  2. Residence of Voter.
1. Construction.

The general election laws apply in school elections only in those instances where the school law is silent, and do not apply when the school law contains specific provisions concerning the same subject matter. Huff v. Black, 259 Ky. 550 , 82 S.W.2d 473, 1935 Ky. LEXIS 326 ( Ky. 1935 ) (decided under prior law).

2. Residence of Voter.

In order to cast a legal vote, one must have lived in the state and county for the time required by Ky. Const., § 145, and must also have lived in the school district or voting precinct for 60 days before the election. Branham v. Branham, 276 Ky. 767 , 125 S.W.2d 225, 1939 Ky. LEXIS 577 ( Ky. 1939 ) (decided under prior law).

Voter who left the district, married a nonresident, left him without getting a divorce, and returned to the district less than six months before election, was not eligible to vote in the district. Branham v. Branham, 276 Ky. 767 , 125 S.W.2d 225, 1939 Ky. LEXIS 577 ( Ky. 1939 ) (decided under prior law).

Voter who owned realty and a few household goods and kept a garden in a district, but worked and spent most of her time in another district, was not entitled to vote in the first district. Branham v. Branham, 276 Ky. 767 , 125 S.W.2d 225, 1939 Ky. LEXIS 577 ( Ky. 1939 ) (decided under prior law).

Opinions of Attorney General.

KRS 160.210(1)(b) necessarily precludes write-in votes when no candidate has filed a nominating petition for that school board position within the statutory deadline since no election is held in that event. OAG 90-105 .

Write-in votes are permitted if at least one candidate has filed a valid nominating petition for that school board position. OAG 90-105 .

A write in candidate may only run for a school board seat in which there is a validly filed and qualified candidate on the ballot. OAG 03-001 .

160.250. Politics of candidate not to be indicated — Definition of election booth.

  1. No election officer or other person within an election booth shall tell or indicate to a voter the political affiliation of any candidate.
  2. An election booth means an area in which a voter casts his vote which is designed in such a manner that the secrecy of the vote is insured.

History. 4399-25; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 429, effective July 13, 1990.

Compiler’s Notes.

This section (4399-25) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 429, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Adams v. Commonwealth, 268 S.W.2d 930, 1954 Ky. LEXIS 931 ( Ky. 1954 ).

160.260. Number of candidates to be voted for.

  1. The voting in county districts shall be by divisions. Each voter shall vote for only one (1) candidate. The legally eligible candidate receiving the highest number of votes cast in his division shall be declared elected.
  2. In independent school districts each voter may vote for as many candidates as there are members to be elected, and the number of board members to be elected shall be indicated. The candidates, in number equal to the number of members to be chosen, who have the highest number of votes shall be declared elected.

History. 4399-25; Acts 1982, ch. 360, § 47, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 614, effective July 13, 1990.

Compiler’s Notes.

This section (4399-25; amend. Acts 1982, ch. 360, § 47, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 614, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Marshall v. White, 287 Ky. 290 , 152 S.W.2d 945, 1941 Ky. LEXIS 531 ( Ky. 1941 ).

Opinions of Attorney General.

If at least one valid nominating petition is filed for election to an independent school board, an election must be held, and write-in votes may be made for all five school board positions. OAG 90-105 .

160.270. Regular and special meetings.

  1. Each board of education shall hold at least one (1) regular meeting each month, at a time and place fixed by the board. Special meetings may be called by the chairman. On request of three (3) members of the board the secretary shall call a special meeting. Each member of the board shall have timely notice of each meeting and the nature, object, and purpose for which it is called. Any board member failing to attend three (3) consecutive regular meetings, unless excused by the board for reason satisfactory to it, shall be removed from office pursuant to KRS 415.050 and 415.060 . A majority of the board shall constitute a quorum for the transaction of business, but a concurring vote by a majority of the board, the number of board members in the quorum notwithstanding, shall be necessary to take any particular action unless otherwise specified by statute.
  2. The secretary shall be present at the meetings of the board except when his own tenure, salary, or the administration of his office is under consideration and shall record in a book provided for that purpose all its official proceedings, which shall be a public record open to inspection.

History. 4399-20, 4399-29; Acts 1978, ch. 23, § 1, effective June 17, 1978; 1982, ch. 910, § 1, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 430, effective July 13, 1990.

Compiler’s Notes.

This section (4399-20, 4399-29; amend. Acts 1978, ch. 23, § 1, effective June 17, 1978; 1982, ch. 910, § 1, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 430, effective July 13, 1990.

NOTES TO DECISIONS

  1. Regular Place of Meeting.
  2. Called Meeting.
  3. Notice.
  4. Unexcused Absence.
  5. Removal Proceedings.
  6. Changed Meeting Date.
  7. Open Meeting.
1. Regular Place of Meeting.

In the absence of a formal designation of a regular place of meeting, such a regular place will be deemed established by the repeated holding of meetings at a particular place. Brown v. Turman, 264 Ky. 407 , 94 S.W.2d 1010, 1936 Ky. LEXIS 340 ( Ky. 1936 ).

Notice of a meeting implies that it will be held at the regular place of meeting. Brown v. Turman, 264 Ky. 407 , 94 S.W.2d 1010, 1936 Ky. LEXIS 340 ( Ky. 1936 ).

When notice of a meeting does not designate the place of meeting, and it is not held at the regular place of meeting, all steps taken at such meeting are invalid. Brown v. Turman, 264 Ky. 407 , 94 S.W.2d 1010, 1936 Ky. LEXIS 340 ( Ky. 1936 ).

2. Called Meeting.

Where a called meeting was a continuation of a previous regular meeting, it was proper for the superintendent to recommend teachers at the called meeting, even though the continuation was for a different purpose. O'Daniel v. McDaniel, 290 Ky. 77 , 160 S.W.2d 331, 1942 Ky. LEXIS 345 ( Ky. 1942 ).

3. Notice.

Notices of special meetings need not be written. They may be oral and may be delivered by the secretary. Board of Education v. Stevens, 261 Ky. 475 , 88 S.W.2d 3, 1935 Ky. LEXIS 678 ( Ky. 1935 ).

When members failed to attend special meeting for lack of interest, the fact that notice was delivered only 15 minutes before the meeting is immaterial. Board of Education v. Stevens, 261 Ky. 475 , 88 S.W.2d 3, 1935 Ky. LEXIS 678 ( Ky. 1935 ).

In absence of legal notice to all members of a special meeting, absence of a member renders invalid all steps taken at such meeting. Brown v. Turman, 264 Ky. 407 , 94 S.W.2d 1010, 1936 Ky. LEXIS 340 ( Ky. 1936 ).

Member of school board was entitled to notice of meeting, although at time of meeting he was under injunction prohibiting him from acting as member or exercising any of the duties of his office, but where a second meeting was held, of which he was given notice, and at which the action taken at the former meeting was ratified, the defect was cured. McClendon v. Hamilton, 277 Ky. 734 , 127 S.W.2d 605, 1939 Ky. LEXIS 723 ( Ky. 1939 ).

Where there has not been legal notice of a special meeting of the school board, the action taken at the special meeting is invalid if one of the members of the board is absent. Board of Education v. Nevels, 551 S.W.2d 15, 1977 Ky. App. LEXIS 690 (Ky. Ct. App. 1977).

When all the members of the board are present and have an opportunity to participate in all the actions taken at a special meeting, the validity of the action taken at the special meeting is not affected by the form of the notice. Board of Education v. Nevels, 551 S.W.2d 15, 1977 Ky. App. LEXIS 690 (Ky. Ct. App. 1977).

Where the records of the special meeting of the school board did not reflect that any objection was made to the notice of the special meeting or that any objection was made to any action taken at the meeting on the grounds that it was not included within the notice, the action taken at such meeting was not invalidated because of the form of the notice of the meeting. Board of Education v. Nevels, 551 S.W.2d 15, 1977 Ky. App. LEXIS 690 (Ky. Ct. App. 1977).

4. Unexcused Absence.

Unexcused absence for three consecutive regular meetings does not ipso facto vacate a board member’s office. The board must take action thereon. Board of Education v. Stevens, 261 Ky. 475 , 88 S.W.2d 3, 1935 Ky. LEXIS 678 ( Ky. 1935 ). See Spurlock v. Spradlin, 266 Ky. 164 , 98 S.W.2d 480, 1936 Ky. LEXIS 627 ( Ky. 1936 ).

A change in the date of meeting during the absence of a member without notice to him and without his knowledge is a good excuse for absence. Baisden v. Floyd County Board of Education, 270 Ky. 839 , 110 S.W.2d 671, 1937 Ky. LEXIS 153 ( Ky. 1937 ).

This section contemplates that type of inaction revealing an intention to abandon the duties of the office. Commonwealth ex rel. Buckman v. Mason, 284 S.W.2d 825, 1955 Ky. LEXIS 53 ( Ky. 1955 ).

5. Removal Proceedings.

On appeal of removal cases, the court can only consider whether the board acted arbitrarily, unlawfully, without authority, without evidence, or abused its discretion. Baisden v. Floyd County Board of Education, 270 Ky. 839 , 110 S.W.2d 671, 1937 Ky. LEXIS 153 ( Ky. 1937 ).

The motives of the board in removal proceedings are not open to inquiry. Baisden v. Floyd County Board of Education, 270 Ky. 839 , 110 S.W.2d 671, 1937 Ky. LEXIS 153 ( Ky. 1937 ).

6. Changed Meeting Date.

Where school board changed monthly meeting date in open meeting, where press release had been issued, where newspaper article appeared, and where citizens appeared at the meeting, there was no positive showing that the board had decided any matters regarding closing the school in closed session. Coppage v. Ohio County Bd. of Educ., 860 S.W.2d 779, 1992 Ky. App. LEXIS 182 (Ky. Ct. App. 1992).

7. Open Meeting.

Action of the school board at a closed meeting could not be ratified at the open public meeting because no vote was taken during an open session and because consensus was not established. Webster County Bd. of Educ. v. Newell, 392 S.W.3d 431, 2013 Ky. App. LEXIS 31 (Ky. Ct. App. 2013).

Vote was not rendered unnecessary at the school board meeting under KRS 61.805 because it was not possible to determine if a consensus or collective decision was made. Webster County Bd. of Educ. v. Newell, 392 S.W.3d 431, 2013 Ky. App. LEXIS 31 (Ky. Ct. App. 2013).

Cited:

Saylor v. Rockcastle County Board of Education, 286 Ky. 63 , 149 S.W.2d 770, 1941 Ky. LEXIS 216 ( Ky. 1941 ); Board of Education v. Cassell, 310 Ky. 274 , 220 S.W.2d 552, 1949 Ky. LEXIS 890 ( Ky. 1949 ); Johnson v. King, 349 S.W.2d 845, 1961 Ky. LEXIS 78 ( Ky. 1961 ).

Opinions of Attorney General.

When a member of a board of education fails to attend three regular meetings and is not excused by the board, a vacancy exists and, since a state office is involved, it is the duty of the Attorney General under KRS 415.050 to institute ouster proceedings. OAG 60-1137 .

Unless a member of the board of education resigns upon his being called to active duty in the armed forces his position is suspended and no one can be appointed to fill it in his absence. OAG 61-847 .

A member of a board of education does not abandon his office within the meaning of the statute by virtue of his being called for military service. OAG 61-847 .

To act effectively in voting on a proposal a majority vote of the quorum present is necessary and an abstention is no longer counted as an acquiescence in order to obtain a majority. OAG 61-945 , 62-422.

Neither an interested person nor his representative has the absolute right to take the original records of a district board of education into a private room without the secretary or the secretary’s representative being present. OAG 68-291 .

Neither the interested person nor his representative has the right to reproduce the records of a district board of education by any photostatic means whatsoever. OAG 68-291 .

The right of inspection cannot override the public interest in safe and permanent maintenance of the records. OAG 68-291 .

Where the necessary interest is present, the interested person or his representative is entitled to obtain a certified copy of the contract between the board of education and the secretary upon payment of such reasonable fee therefor as may be prescribed by regulation of the district board. OAG 68-291 .

A school board may, in its discretion, meet in executive session and may, during such session, take a formal vote, but the matter voted on and the record of the vote taken must be recorded in the minutes. OAG 69-281 .

Where five board members were present at a meeting and two (2) voted yes on a motion and three did not vote, the motion did not pass. OAG 69-395 , but see OAG 74-545 .

Under the common law and the existing statutory law in this state, a school board has the sole discretion as to whether its meetings shall be open to the press and other members of the public. OAG 73-143 .

The word “majority” in subsection (1) of this section means a majority of those present and voting; thus, where five board members were present at a meeting, a motion was carried when two (2) members voted yes, one member voted no and two (2) members abstained. OAG 74-545 , but see OAG 69-395 .

There was no statutory requirement for the president of the school board to provide school board members with an agenda of the matters to be taken up at a regular board meeting and the fact that a tentative agenda was sent to the members omitting any mention that a superintendent was to be appointed does not present any irregularity. OAG 75-488 .

In absence of any statutory provision to the contrary, when a regular meeting of the local school board is once duly organized at the time and place appointed, the board possesses the incidental power to adjourn its regular meeting to a future time and such adjournment does not require any agenda to be prepared or for there to exist a special purpose for the adjournment; however, the time to which a meeting is adjourned should be specified and if any board members were not present at the regular meeting, they should be notified of the adjournment date and time; moreover there are no limiting provisions in the statutes as to the number of adjournments a regular meeting can in fact have. OAG 76-450 .

There is no statutory requirement that an agenda be prepared for regular meetings of the school board but if an agenda is prepared it is a public record; an agenda is required for a special meeting of the school board and it is also a “public record”; such agendas are “public records” pursuant to KRS 61.872 and open for inspection by any person during the regular office hours of the public agency. OAG 77-221 .

The minutes of a school board meeting may be amended at a subsequent meeting to conform them to the facts, but the minutes may not be changed to reflect a change in position on a question before the board or to show something other than what had actually occurred at the previous meeting. OAG 77-494 .

If a motion for a special meeting is made and that motion passes by at least three members of the board, the subject matter of the motion would reflect what the agenda must cover and no other matter may be discussed at the meeting. OAG 77-496 .

Where a lawsuit resulted from the action of a majority of a school board in rescinding the contract of the superintendent of schools, the board had implied power to expend school funds for attorney fees and court costs incurred in defending the board’s actions. OAG 77-608 .

The failure on the part of a board member to attend three successive regular meetings does not by itself create a vacancy in the board; the Attorney General’s office must authorize an ouster proceeding. OAG 78-78 .

A local board can hire a superintendent or do anything else in a specially called meeting which can be done at a regular meeting. OAG 78-274 .

If the superintendent of schools is also the secretary of the board, he or she shall not meet with the board when the superintendent’s tenure, salary or the administration of his office is under consideration, for while the two positions of superintendent and secretary may be separable, the body cannot be; in this situation a temporary secretary should be appointed to take the minutes of the board’s proceedings. OAG 78-274 .

In view of the language in KRS 61.825 (repealed), the “timely notice” requirement of this section is “at least 24 hours prior to the time of such meeting as specified in the notice.” OAG 78-274 .

The statutory language requiring the secretary of the board of education to call a special meeting and to see that properly detailed timely notice is given is mandatory and the secretary’s refusal to act could be the basis for rescission of the secretary’s contract; however, the failure to perform the functions of the secretary of the board could not constitute legal cause for removal from office as superintendent when the same person holds the two positions, for the two positions are separable. OAG 78-274 .

A majority vote of the board is required to fill a vacancy on the board. OAG 78-819 .

Since KRS 61.850 specifically provides that the provisions of KRS 61.805 to 61.850 should not be construed as repealing any other laws relating to meetings, but merely supplements them, and since this section is a piece of specific legislation dealing with school boards, in the event of a conflict between that section and KRS 61.825 (repealed), which requires a request by a majority of the members of a governing body, the provision of subsection (1) of this section allowing only three members to call a meeting should prevail. OAG 79-130 .

Two members of a five-member board of education have no authority to act for the board as a body, thus where two board members offered to remove a written reprimand by the board from a high school coach’s record in consideration of a resignation by the coach, such an offer was without legal significance. OAG 80-119 .

When a closed session of a school board is held as authorized by KRS 61.810 , minutes of the closed session should be made, but the board, in its discretion, may require the minutes to be sealed and withheld from public inspection and such minutes will not be part of the regular minutes of the meeting required by subsection (2) of this section. OAG 81-235 .

For practical examples of the effect of possible votes with a five-member school board, see OAG 82-374 .

The practical effect of the 1982 amendment to this section is that, for a typical five-member school board, three board members must agree in order for an action before the board to pass. OAG 82-374 .

Under subsection (1) of this section, board members who abstain will be considered to have acquiesced with the majority of those present and voting. OAG 82-374 .

A special meeting of a school board may deal only with matters which are stated in the call of the meeting of which each member of the board receives timely notice unless all of the members are present and unanimously agree to consider an additional subject which was not included in the call. OAG 83-71 .

When all the members of the board of education are present, and all the members agree to take up an additional subject, the required advance notice of the subjects to be discussed in the meeting may be waived since the advance notice is for the benefit of the board members, not for the benefit of the news media or the public; the waiver must be by unanimous consent. OAG 83-71 .

A school board member abstaining from voting for a board action in which he or she has a conflict of interest, in order to prevent the problematic circumstance caused by consideration of the abstention as a vote acquiescing with the majority, should be absent either from the entire meeting or from the discussion and the vote on the issue in which he or she has the conflict. OAG 88-35 .

The rule that abstaining voters are considered as acquiescing with the majority applies in instances where a required affirmative number of votes is not mandated by the controlling statute or ordinance. OAG 88-35 .

The language of this section which is applicable to local boards of education and states that a concurring vote by a majority of the board, the number of board members in the quorum notwithstanding, shall be necessary to take any particular action unless otherwise specified by statute does not apply to KRS 161.120 , which is applicable to the Education Professional Standards Board. OAG 91-107 .

Subsection (1) of this section requires that a majority of the statutory board of education be present to constitute a quorum and that the majority must concur in their vote to take action; therefore, a minimum of three out of five members on a five member board, or four out of seven members on a seven member board, must be present in order to have a quorum present to transact business and when the bare minimum number of board members necessary to transact business are present, all must concur in their vote to take action. OAG 92-77 .

While the school board violated the Open Meetings Act by its failure to file a written response to the complaint within the statutorily mandated time frame, its decision to not renew the superintendent’s contract was not a violation of the Open Meetings Act as that action was within the agenda of activities set forth in the notice for that special meeting which stated that “The purpose of the meeting will be to discuss renewal/or action of the Superintendent’s contract.” OAG 97-OMD-43.

County board of education and superintendent of county schools violated the Open Meetings Act, specifically KRS 61.823(4)(a), by their failure to notify in writing all board members at least 24 hours prior to the commencement of those meetings even though the board had complied with the requirements of subsection (1) of this section. 97-OMD-90.

Research References and Practice Aids

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

160.280. Per diem and expenses for board members — Eligibility for insurance plans.

  1. Members of boards of education shall receive no salaries, but members of boards of education may receive, for each day a regular or special meeting is attended, a per diem of one hundred fifty dollars ($150) and their actual expenses. Members shall receive this same per diem for training required by KRS 160.180 . In no case shall the expenses incurred within the district or per diem of any member exceed six thousand dollars ($6,000) in any calendar year.
  2. Members of boards of education may be reimbursed for actual and necessary expenditures incurred outside the district in the performance of their duties authorized by the board.
  3. All claims shall be made out according to law and filed with the secretary of the board and shall be approved and paid as other claims against the board.
  4. Board members shall be eligible to participate in any group medical or dental insurance plan provided to employees of the district pursuant to KRS 161.158 . Participating board members shall pay the full cost of any premium required for their participation in the plan.

History. 4399-32; Acts 1954, ch. 220, § 1; 1962, ch. 57; 1976, ch. 256, § 1; 1976, ch. 278, § 1; 1978, ch. 31, § 1, effective June 17, 1978; 1982, ch. 59, § 4, effective July 15, 1982; 1982, ch. 227, § 2, effective July 15, 1982; 1986, ch. 82, § 1, effective July 15, 1986; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 431, effective July 13, 1990; 1992, ch. 170, § 1, effective July 14, 1992; 2000, ch. 454, § 1, effective July 14, 2000; 2007, ch. 88, § 1, effective June 26, 2007; 2019 ch. 25, § 1, effective July 1, 2019.

Compiler’s Notes.

This section (4399-32; amend. Acts 1954, ch. 220, § 1; 1962, ch. 57; 1976, ch. 256, § 1; 1976, ch. 278, § 1; 1978, ch. 31, § 1, effective June 17, 1978; 1982, ch. 59, § 4, effective July 15, 1982; 1982, ch. 227, § 2, effective July 15, 1982; 1986, ch. 82, § 1, effective July 15, 1986) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 431, effective July 13, 1990.

NOTES TO DECISIONS

1. Transportation Expense for Board Members.

The superintendent of schools of the county board of education was the executive agent and officer of the board and as such was in charge of the management and control of the school buses owned and operated by the board, with authority to direct the operator of the school bus to permit a member of the county board of education to ride upon the bus and thus save the board the expense of his transportation under this section and the board member was lawfully riding in the school bus within the liability policy issued for protection of any school child or other person from negligence of the bus driver. Standard Acc. Ins. Co. v. Perry County Board of Education, 72 F. Supp. 142, 1947 U.S. Dist. LEXIS 2468 (D. Ky. 1947 ).

Cited:

Schuerman v. State Board of Education, 284 Ky. 556 , 145 S.W.2d 42, 1940 Ky. LEXIS 514 ( Ky. 1940 ).

Opinions of Attorney General.

Although county school board members are elected on a nonpartisan basis, since they do receive a per diem and expenses, a merit system employee in a classified position would be disqualified from serving on the county school board. OAG 60-441 .

A member of a county board of education is only entitled to receive the per diem allowance authorized by this section for meetings actually attended. OAG 60-1135 .

Under this section a member of a board of education may receive a maximum of $200 for per diem payments per annum and also receive a maximum of $200 per annum for expenses actually incurred. OAG 61-313 .

A member of a local board of education may not be reimbursed for expenses incurred outside his district in the performance of his duties except when he is attending a meeting or conference called by the Superintendent of Public Instruction pursuant to the provisions of KRS 156.190 . OAG 61-1052 .

The members of a board of education would be entitled to per diem payments for attending adjourned meetings held on a day or days after the regular monthly meeting date. OAG 64-157 .

Expenditures under this section are authorized only to legal members of boards of education and a board member who has become ineligible to serve due to moving his permanent residence from within the district would not be entitled to payment for services rendered after that time. OAG 65-800 .

If payments accepted by a board member of an independent district represent payment for services in any amount or to any degree, or if though purporting to be for actual and necessary expenses, are not for duties authorized by the board, acceptance of such would offend KRS 160.180 in rendering the member ineligible. OAG 69-292 .

The per diem received by a county school board member under this section is synonymous with “salary” and imports the idea of compensation for personal services. OAG 74-385 .

A classified state employee cannot seek membership on a county school board which is an elective office and whose members receive a per diem of $10.00 and expenses pursuant to this section. OAG 74-646 .

A board of education may not pay a travel reimbursement claim of a board member unless that expense was authorized by the board before the expense is incurred, nor may the board authorize the incurring of out-of-district expenses by board members and then refuse to pay upon presentation to the board of a valid documented claim for the actual expenses incurred. OAG 76-329 .

The local board of education cannot compensate a member for earnings lost due to attendance at an approved training session, as required by KRS 160.180(5), since subsection (1) of this section forbids school board members from receiving a salary. OAG 85-53 .

Pursuant to subsection (3) of this section, a district board of education may legally pay the expenses of a member for attending an approved training program, as required by KRS 160.180(5). OAG 85-53 .

Subsection (1) of this section allows a district to pay a board member $40 for each meeting actually attended up to a maximum per diem of $1,000 during any calendar year. Also, the board member may receive reimbursement, up to a maximum of $1,000, for actual expenses incurred within the district in any calendar year. OAG 92-136 .

Research References and Practice Aids

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

160.290. General powers and duties of board.

  1. Each board of education shall have general control and management of the public schools in its district and may establish schools and provide for courses and other services as it deems necessary for the promotion of education and the general health and welfare of pupils, consistent with the administrative regulations of the Kentucky Board of Education. Each board shall have control and management of all school funds and all public school property of its district and may use its funds and property to promote public education. Each board shall exercise generally all powers prescribed by law in the administration of its public school system, appoint the superintendent of schools, and fix the compensation of employees.
  2. Each board shall make and adopt, and may amend or repeal, rules, regulations, and bylaws for its meetings and proceedings for the management of the schools and school property of the district, for the transaction of its business, and for the qualification and duties of employees and the conduct of pupils. The rules, regulations, and bylaws made by a board of education shall be consistent with the general school laws of the state and shall be binding on the board of education and parties dealing with it until amended or repealed by an affirmative vote of a majority of the members of the board. The rules, regulations, and bylaws shall be spread on the minutes of the board and be open to the public. The rules, regulations, and bylaws may include the use of reverse auctions as defined in KRS 45A.070 in the procurement of goods and leases.
  3. Local boards of education electing to enter into agreements pursuant to the Interlocal Cooperation Act, KRS 65.210 to 65.300 , with other local boards of education to establish consortia to provide services in accordance with the Kentucky Education Reform Act of 1990, 1990 Ky. Acts Ch. 476, may transfer real or personal property to the consortia without receiving fair market value compensation. The joint or cooperative action may employ employees transferred from employment of a local board of education, and the employees shall retain their eligibility for the Kentucky Teachers’ Retirement System. The chief state school officer, under administrative regulations of the Kentucky Board of Education, may allot funding to an interlocal cooperative board created by two (2) or more local school districts pursuant to KRS 65.210 to 65.300 to provide educational services for the mutual advantage of the students in the representative districts. All statutes and administrative regulations that apply to the use of these funds in local school districts shall also apply to cooperative boards.

History. 4399-20, 4399-33; amend. Acts 1978, ch. 52, § 1, effective June 17, 1978; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. II, § 74, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2010, ch. 63, § 11, effective July 15, 2010.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Limitation.
  3. Under KERA of 1990.
  4. Control of State Board of Education.
  5. Determining School Attendance.
  6. Transportation.
  7. Suspension or Expulsion of Pupils.
  8. Courses of Instruction.
  9. Employment of Accountant and Attorney.
  10. Employment of Night Watchperson.
  11. Teachers.
  12. — Mandatory Leave.
  13. Membership Dues.
  14. Ratification of Contract.
  15. Establishing Schools.
  16. — Financing.
  17. — Location.
  18. Closing Schools.
  19. Recreation Center.
  20. Donation to Board.
  21. Sale and Conveyance of School Property.
  22. Adoption of Grievance Procedure.
  23. Maintaining Legal Actions.
  24. Liability of Individual Board Members.
  25. Appeal.
1. Constitutionality.

This section did not delegate legislative power to the county board in violation of the Constitution. County Board of Education v. Goodpaster, 260 Ky. 198 , 84 S.W.2d 55, 1935 Ky. LEXIS 444 ( Ky. 1935 ).

2. Limitation.

The authority of county boards of education is strictly statutory, and they must closely follow the statute prescribing the manner and form of the performance of their duties. Knott County Board of Education v. Martin, 256 Ky. 515 , 76 S.W.2d 601, 1934 Ky. LEXIS 441 ( Ky. 1934 ).

These powers are not arbitrary, and the reasonable discretion of the board must not be abused. Ex parte County Board of Education, 260 Ky. 246 , 260 Ky. 249 , 84 S.W.2d 59, 1935 Ky. LEXIS 445 ( Ky. 1935 ).

A board can exercise no power not expressly or by necessary implication granted to it; nor can it by its own actions deprive itself of the powers given it, nor enlarge or diminish them. Smith v. Board of Education, 264 Ky. 150 , 94 S.W.2d 321, 1936 Ky. LEXIS 285 ( Ky. 1936 ).

Discretion vested in boards of education to expend school moneys is subject to constitutional restriction that such expenditures must be for purposes of common school education. Schuerman v. State Board of Education, 284 Ky. 556 , 145 S.W.2d 42, 1940 Ky. LEXIS 514 ( Ky. 1940 ).

School boards have no powers except those relating to operation and management of public schools and they are vested with broad governmental powers in the management of public schools under their jurisdiction. Board of Education v. Society of Alumni, etc., 239 S.W.2d 931, 1951 Ky. LEXIS 907 ( Ky. 1951 ).

Since matters affecting the schools and their management were vested in the local board of education and the State Department of Education, a school board could not delegate or shift its responsibilities to a fiscal court or the electorate by requesting that the fiscal court place on ballot the question of whether the voters favored the consolidation or merger of certain county schools. Hickman County Fiscal Court v. Workman, 528 S.W.2d 730, 1975 Ky. LEXIS 89 ( Ky. 1975 ).

3. Under KERA of 1990.

Each participating group in the common school system had been delegated its own independent sphere of responsibility and the Kentucky Education Reform Act (Enact. Acts 1990, ch. 476) did not delegate to local boards of education the authority to require board approval of school council actions. Board of Educ. v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152 ( Ky. 1994 ).

The waiver requirement of KRS 160.345 enables a school council to ask for a deviation from district policy, if it determines that the needs of an individual school would best be met in a manner different than that devised by the local board. The waiver provision is present to enable flexibility, not to indicate approval authority by the board over council policy development. This interpretation serves the intent of the Kentucky Education Reform Act (Enacts. Acts. 1990, ch. 476) to decentralize decision making authority. Board of Educ. v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152 ( Ky. 1994 ).

The essential strategic point of the Kentucky Educational Reform Act (Enact. Acts 1990, ch. 476) is the decentralization of decision making authority so as to involve all participants in the school system, not limited to, but including school councils and local school boards; affording each the opportunity to contribute actively to the educational process and the provisions set out the structural framework by which this decentralization of decision making authority is to occur. Board of Educ. v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152 ( Ky. 1994 ).

4. Control of State Board of Education.

The administrative control of the board exercised under this section must be consistent with the rules and regulations of the State Board of Education. Gearhart v. Kentucky State Board of Education, 355 S.W.2d 667, 1962 Ky. LEXIS 76 ( Ky. 1962 ). See Earle v. Harrison County Board of Education, 404 S.W.2d 455, 1966 Ky. LEXIS 299 ( Ky. 1966 ).

Where members of county board disagreed with and refused to follow state board recommendations for consolidation and construction of school buildings the members of the county board could not be suspended from office for neglect of duty or misconduct. Kentucky State Board of Education v. Isenberg, 421 S.W.2d 81, 1967 Ky. LEXIS 52 ( Ky. 1967 ).

5. Determining School Attendance.

The school board has the right to determine which school within the district a pupil shall attend. Hines v. Pulaski County Board of Education, 292 Ky. 100 , 166 S.W.2d 37, 1942 Ky. LEXIS 46 ( Ky. 1942 ).

6. Transportation.

The general powers of the board of education under KRS 158.110 , 160.160 , 160.330 and this section are broad enough to encompass the operation of a transportation system under which high school pupils are charged a fee. Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

Under the broad authority of KRS 160.160 and this section the county board of education has power to adopt appropriate and reasonable regulations whereby indigent high school pupils may be furnished transportation without charge. Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

7. Suspension or Expulsion of Pupils.

Regulation of school board that a student who marries must immediately withdraw from school and cannot be readmitted for one full year, and then only as a special student with permission of the principal is invalid as it is arbitrary and unreasonable. There is the complete absence of any standard or guideline for the principal concerning readmission and the fatal vice of the regulation lies in its sweeping, advance determination that every married student, regardless of the circumstances, must lose at least a year’s schooling. Board of Education v. Bentley, 383 S.W.2d 677, 1964 Ky. LEXIS 51 ( Ky. 1964 ).

The school board is empowered to suspend or expel pupils for violations of lawful regulations of the school. Board of Education v. Bentley, 383 S.W.2d 677, 1964 Ky. LEXIS 51 ( Ky. 1964 ).

The school board is vested with the duty and power to control and manage high school and is authorized to enforce reasonable regulations, including disciplinary rules. Board of Education v. Bentley, 383 S.W.2d 677, 1964 Ky. LEXIS 51 ( Ky. 1964 ).

This statute is directed to the rules and regulations for the conduct of students and not to the disciplinary measures taken for the breach of those rules and regulations. Dorsey v. Bale, 521 S.W.2d 76, 1975 Ky. LEXIS 147 ( Ky. 1975 ).

8. Courses of Instruction.

Under this section a school board is vested with general control and management of the public schools in its district, and may provide such courses of instruction and other services as it deems necessary for the promotion of education and the general health and welfare of its pupils, consistent with the rules and regulations of the State Board of Education. Board of Education v. Society of Alumni, etc., 239 S.W.2d 931, 1951 Ky. LEXIS 907 ( Ky. 1951 ).

9. Employment of Accountant and Attorney.

The board has the implied power to employ and pay an accountant to make a general audit of the school records. Lewis v. Morgan, 252 S.W.2d 691, 1952 Ky. LEXIS 1019 ( Ky. 1952 ).

Even though there was no specific statutory authority for school board to employ attorney, members of county board of education had implied authority to employ attorneys to represent them in actions and had implied power to expend school funds for attorneys’ fees and court costs in defending the actions where such employment was necessary for their protection and the accomplishment for the purposes for which they were created and for the promotion of public education. Hogan v. Glasscock, 324 S.W.2d 815, 1959 Ky. LEXIS 385 ( Ky. 1959 ).

10. Employment of Night Watchperson.

Breathitt County Board of Education (Board) was immune from suit, KRS 160.290(1), as the employment of a night watchperson to reside on school grounds served the Board’s educational function; because the Board was engaged in a governmental rather than a proprietary function, it was entitled to immunity from damages claims arising from that function. Breathitt County Bd. of Educ. v. Prater, 292 S.W.3d 883, 2009 Ky. LEXIS 193 ( Ky. 2009 ).

11. Teachers.

Boards may establish reasonable qualifications for teachers higher than the minimum provided by statute. Board of Education v. Messer, 257 Ky. 836 , 79 S.W.2d 224, 1935 Ky. LEXIS 96 ( Ky. 1935 ).

The board has discretion to determine the number of teachers necessary to properly conduct each of its schools. Simpson County Board of Education v. Strickler, 268 Ky. 72 , 103 S.W.2d 705, 1937 Ky. LEXIS 419 ( Ky. 1937 ).

12. — Mandatory Leave.

Policy G25.000 of the Jefferson County school board mandating a one-month leave of absence, without pay, from October 15 to November 15, for employees who were candidates for part-time political offices violated such candidates rights to free speech and free political association, and denied those candidates the equal protection of the law, in violation of both federal and Commonwealth constitutions. Allen v. Board of Education, 584 S.W.2d 408, 1979 Ky. App. LEXIS 429 (Ky. Ct. App. 1979), overruled in part, Cook v. Popplewell, 394 S.W.3d 323, 2011 Ky. LEXIS 174 ( Ky. 2011 ).

13. Membership Dues.

This section and KRS 165.270 (now repealed) vesting boards of education with control of school funds with right to use same to promote public education in such ways as they may deem necessary and proper, is sufficiently broad to authorize payment by county and city board of education, out of public school fund, of annual membership dues in Kentucky school boards association. Schuerman v. State Board of Education, 284 Ky. 556 , 145 S.W.2d 42, 1940 Ky. LEXIS 514 ( Ky. 1940 ).

14. Ratification of Contract.

A board may ratify a defective contract if it had authority to make it originally, provided that the method of ratification conforms to the procedure necessary for its original execution. Knott County Board of Education v. Martin, 256 Ky. 515 , 76 S.W.2d 601, 1934 Ky. LEXIS 441 ( Ky. 1934 ).

Architect could not recover on quantum meruit, where his alleged contract with school superintendent was void because not ratified, by order in writing, by board of education at a regular meeting. Oberwarth v. McCreary County Board of Education, 275 Ky. 319 , 121 S.W.2d 716, 1938 Ky. LEXIS 426 ( Ky. 1938 ).

15. Establishing Schools.

A school board must maintain a 12-grade service, but need not do so in each school it maintains. It may maintain schools (1) in which only the elementary grades are taught, (2) in which only the four higher grades are taught, (3) in which all 12 grades are taught, (4) in which the first six grades are taught, (5) junior high schools (seventh, eighth and ninth grades), (6) senior high schools (tenth, eleventh and twelfth grades), or (7) any combination of same, provided it does not act arbitrarily or abuse its discretion. Wilson v. Alsip, 256 Ky. 466 , 76 S.W.2d 288, 1934 Ky. LEXIS 435 ( Ky. 1934 ) (decided under prior law).

A fiscal court cannot exercise its judgment in opposition to the judgment of the county board of education as to the need to enlarge and improve the school system for the county unless expenditures or illegal computation is unlawfully arrived at or bad faith appears. Fyfe v. Hardin County Board of Education, 305 Ky. 589 , 205 S.W.2d 165, 1947 Ky. LEXIS 880 ( Ky. 1947 ).

Where school board accepted gift from alumni society to purchase land for school building and had covenant in deed that school was for white male students the covenant was void as it ceded away the board’s governmental powers and restricted its discretion and was against public policy. Board of Education v. Society of Alumni, etc., 239 S.W.2d 931, 1951 Ky. LEXIS 907 ( Ky. 1951 ).

A school board is vested with the power to select public school sites, subject only to the limitation that it cannot act arbitrarily or beyond the pale of sound discretion and has authority to condemn land for future school needs. Pike County Board of Education v. Ford, 279 S.W.2d 245, 1955 Ky. LEXIS 521 ( Ky. 1955 ).

16. — Financing.

School boards have broad powers in financing their property. Scott County Board of Education v. McMillen, 270 Ky. 483 , 109 S.W.2d 1201, 1937 Ky. LEXIS 100 ( Ky. 1937 ).

Where population of county was approximately 8,617, estimated assessment of property for taxation in county was $6,425,000, county had existing bonded debt of $225,000 and county board of education approximately $100,000 and the 150 high school pupils of the system were taken care of at the headquarters building in the extreme western part of the county along with the elementary grade pupils, an additional bonded debt of $250,000 to erect a new high school building to be paid by rents received annually from board of education as provided by KRS 162.140 was not arbitrary action or abuse of the discretion of the board that would justify judicial review. Carter v. Taylor, 313 Ky. 445 , 231 S.W.2d 601, 1950 Ky. LEXIS 896 ( Ky. 1950 ).

Whether county board of education was financially able to erect high school building and whether its erection jeopardized future program of county educational system were matters strictly for administrative decision of the board. Carter v. Taylor, 313 Ky. 445 , 231 S.W.2d 601, 1950 Ky. LEXIS 896 ( Ky. 1950 ).

17. — Location.

Subject to the approval of the State Superintendent of Public Instruction, county boards of education are given broad discretion in the selection of sites for schools. Once the approval of the State Superintendent has been obtained, the courts will not interfere with the selection of the site unless there is positive proof of fraud, collusion, or a clear abuse of discretion. Justice v. Clemons, 308 Ky. 820 , 215 S.W.2d 992, 1948 Ky. LEXIS 1059 ( Ky. 1948 ).

Courts may not interfere with proposed plan of county board of education for location of school unless there is shown a clear abuse of discretion vested in the board by this section and KRS 160.160 . Goins v. Jones, 258 S.W.2d 723, 1953 Ky. LEXIS 882 ( Ky. 1953 ).

In taxpayer suit to enjoin county board of education evidence did not show that the board was without serious consideration and lacking a reasonable discretion and was arbitrary in locating a proposed new elementary school near the western boundary of the county instead of the geographical center and the court was without authority or power to interfere. Goins v. Jones, 258 S.W.2d 723, 1953 Ky. LEXIS 882 ( Ky. 1953 ).

Establishment of a central high school by board was not arbitrary or unreasonable under the circumstances. Wigginton v. Nelson County Board of Education, 408 S.W.2d 647, 1966 Ky. LEXIS 133 ( Ky. 1966 ).

18. Closing Schools.

A board of education must act in good faith upon a sound, just and reasonable basis, and have due regard for the public interests and consequences of its actions upon the children affected and it must not act arbitrarily in discontinuing a school. Wells v. Board of Education, 289 S.W.2d 492, 1956 Ky. LEXIS 283 ( Ky. 1956 ).

Where student population fell below minimum required for state aid a reasonable basis was afforded for school board to order the school closed. Earle v. Harrison County Board of Education, 404 S.W.2d 455, 1966 Ky. LEXIS 299 ( Ky. 1966 ).

The Kentucky General Assembly clearly has given local school boards the power and authority to close schools and consolidate schools within a local system. Coppage v. Ohio County Bd. of Educ., 860 S.W.2d 779, 1992 Ky. App. LEXIS 182 (Ky. Ct. App. 1992).

19. Recreation Center.

Purchase by a school district, acting alone, of land in another county for the establishment of a recreation center for the joint benefit of school children and 4-H club members was an arbitrary administration of public funds and, thus, illegal. Wilson v. Graves County Board of Education, 307 Ky. 203 , 210 S.W.2d 350, 1948 Ky. LEXIS 704 ( Ky. 1948 ).

20. Donation to Board.

The jurisdiction conferred by this section relates to school property arising from public funds and necessarily does not apply to specific charitable trust donations made to a particular type of school district for its exclusive benefit, which is controlled by KRS 160.580 . Board of Education v. Todd County Board of Education, 289 Ky. 803 , 160 S.W.2d 170, 1942 Ky. LEXIS 645 ( Ky. 1942 ).

The county board of education in taking out insurance policy on district school building built by specific charitable trust donation was only a naked trustee of the property, while pupils of district school were the real beneficiaries and thus entered to proceeds of the insurance. Board of Education v. Todd County Board of Education, 289 Ky. 803 , 160 S.W.2d 170, 1942 Ky. LEXIS 645 ( Ky. 1942 ).

21. Sale and Conveyance of School Property.

A board, being a continuing body, cannot, following a change of members rescind a prior sale on the mere ground that it was a bad bargain. Trustees of Congregational Church v. Evarts Graded Common School Dist., 230 Ky. 94 , 18 S.W.2d 887, 1929 Ky. LEXIS 25 ( Ky. 1929 ) (decided under prior law).

Boards of education were authorized to convey school property. Bellamy v. Board of Education, 255 Ky. 447 , 74 S.W.2d 920, 1934 Ky. LEXIS 259 ( Ky. 1934 ) (decided under prior law).

A county board of education had no authority to execute a plan by which board was to convey to a nonprofit corporation 20 percent of school property in county, but not site on which school building was to be erected, and corporation was to erect building and execute lease-option contract to board by which, after payment of rental for period of years, board was to become owner of all property conveyed to corporation. Weaks v. Board of Education, 282 Ky. 241 , 137 S.W.2d 1094, 1940 Ky. LEXIS 132 ( Ky. 1940 ).

Although there is no statutory limitation on the action of boards of education in selling and conveying school property, their action in so doing must be consonant with their duty to maintain an adequate school system within the limits of their finances; and any action by a board which imperils the entire school system of a county, or a portion thereof, may be called in question by the courts. Weaks v. Board of Education, 282 Ky. 241 , 137 S.W.2d 1094, 1940 Ky. LEXIS 132 ( Ky. 1940 ).

Though the board of education has the right to sell and convey school property it cannot sell and convey all of such property in the county at one time and for a grossly inadequate price. Weaks v. Board of Education, 282 Ky. 241 , 137 S.W.2d 1094, 1940 Ky. LEXIS 132 ( Ky. 1940 ).

22. Adoption of Grievance Procedure.

The adoption of a grievance procedure is clearly within the authority granted a school board by this section. International Brotherhood of Firemen & Oilers v. Board of Education, 393 S.W.2d 793, 1965 Ky. LEXIS 245 ( Ky. 1965 ).

Denial of third-party representation in grievances before a school board is not arbitrary. International Brotherhood of Firemen & Oilers v. Board of Education, 393 S.W.2d 793, 1965 Ky. LEXIS 245 ( Ky. 1965 ).

23. Maintaining Legal Actions.

A board of education has authority to maintain an action in its own name, against delinquent taxpayers, to recover judgment for delinquent school taxes and to enforce the tax lien, and is not required to await the ordinary process of distraint and sale by the tax collector as the statute makes the tax a debt of the delinquent taxpayer in favor of the particular taxing authority. Board of Education v. Ballard, 299 Ky. 370 , 185 S.W.2d 538, 1945 Ky. LEXIS 426 ( Ky. 1945 ).

Boards of education and not the taxpayers have the initial responsibility of maintaining legal actions on behalf of the school districts and a taxpayer may not bring suit in a matter concerning public funds until he has first requested the authorized school board to institute suit and it has failed to comply. Reeves v. Jefferson County, 245 S.W.2d 606, 1951 Ky. LEXIS 1263 ( Ky. 1951 ).

This section and KRS 160.160 place upon the boards of education, not taxpayers, the initial responsibility of maintaining legal actions on behalf of the school districts and an individual has no standing to institute an action for alleged unlawful expenditures of school funds until he has demanded the board to bring the action and the board has refused to comply unless he clearly shows that a demand would have been futile although some members of the board were members at the time of alleged unlawful expenditures. Farler v. Perry County Board of Education, 355 S.W.2d 659, 1961 Ky. LEXIS 19 ( Ky. 1961 ).

A lawsuit to declare an education system unconstitutional falls within the authority, if not the duty, of local school boards to fulfill their statutory responsibilities, no matter who the defendants are. Rose v. Council for Better Educ., 790 S.W.2d 186, 1989 Ky. LEXIS 55 ( Ky. 1989 ).

24. Liability of Individual Board Members.

The individual members of a board of education cannot be subjected to individual liability for failing to perform a general duty owed the public in the administration of a good school program, but where the members fail to perform some definite and specific ministerial act they may be held liable individually. Bronaugh v. Murray, 294 Ky. 715 , 172 S.W.2d 591, 1943 Ky. LEXIS 531 ( Ky. 1943 ).

25. Appeal.

The only question for the court’s determination is whether the board is exceeding its authority or is acting arbitrarily. Perry County Board of Education v. Deaton, 311 Ky. 227 , 223 S.W.2d 882, 1949 Ky. LEXIS 1100 ( Ky. 1949 ).

Where the county board in the exercise of its statutory discretion had promulgated a plan and the highest educational administrative body, the state board, had approved it, the court will not substitute its own judgment for such quasi-legislative and quasi-executive action unless clearly exceeded statutory or constitutional limitations of power. Carter v. Taylor, 313 Ky. 445 , 231 S.W.2d 601, 1950 Ky. LEXIS 896 ( Ky. 1950 ).

The government and conduct of public schools, in general, is committed to the discretion of the school board and courts will not interfere with the board’s exercise of such discretion unless it appears the board has acted arbitrarily or maliciously. Board of Education v. Bentley, 383 S.W.2d 677, 1964 Ky. LEXIS 51 ( Ky. 1964 ).

Cited:

Ex parte County Board of Education, 260 Ky. 246 , 260 Ky. 249 , 84 S.W.2d 59, 1935 Ky. LEXIS 445 ( Ky. 1935 ); Board of Education v. Williams, 256 S.W.2d 29, 1953 Ky. LEXIS 714 ( Ky. 1953 ); Commonwealth ex rel. Breckinridge v. Collins, 379 S.W.2d 436, 1964 Ky. LEXIS 237 ( Ky. 1964 ); Cunningham v. Grayson, 541 F.2d 538, 1976 U.S. App. LEXIS 7450 (6th Cir. 1976); Belcher v. Gish, 555 S.W.2d 264, 1977 Ky. LEXIS 505 ( Ky. 1977 ); Board of Education v. Garner, 556 S.W.2d 453, 1977 Ky. App. LEXIS 819 (Ky. Ct. App. 1977); Hines v. Board of Education, 492 F. Supp. 469, 1980 U.S. Dist. LEXIS 12817 (E.D. Ky. 1980 ); Blackburn v. Floyd County Bd. of Educ., 749 F. Supp. 159, 1990 U.S. Dist. LEXIS 18321 (E.D. Ky. 1990 ); Patton v. Bickford, — S.W.3d —, 2013 Ky. App. LEXIS 109 (Ky. Ct. App. 2013).

Opinions of Attorney General.

Under this section, a local board of education has the authority to charge a reasonable incidental fee for prescribed courses of study, such as a science course, and also collect a reasonable incidental fee for general school supplies, but may not withhold a pupil’s grades or credits for failure to pay such fees. OAG 60-1017 .

A local board of education may not lease school property for the purpose of constructing a swimming pool which would permanently impair the future use of the property for school purposes. OAG 60-1018 .

Under this section a local board of education may, by regulation, adopt its own policy regarding the employment of pregnant teachers. OAG 61-13 .

Under subsection (2) of this section a local board of education may pass a resolution requiring that all of its high school principals hold a master’s degree as a prerequisite to their employment but such resolution could not be made applicable to persons serving as principals at the time the resolution was adopted until their present contract as principal has expired. OAG 61-413 .

In the exercise of reasonable discretion, a board of education may decide that it is in the best interests of the school district to participate in the student teacher-training program. OAG 63-269 .

A board of education may prohibit any student who operates his automobile on the way to or from school in a reckless or wanton manner from driving said motor vehicle to or from school. OAG 63-486 .

A board of education may provide and maintain an automobile for the benefit of the school superintendent while discharging the duties attendant to his office. OAG 64-130 .

A county board of education regulation, which required that the marriage of any pupil within a school year would be sufficient cause to drop him from school attendance, would probably not be enforceable due to the fact that it did not allow any discretion upon the board’s part and applied blanketly without regard to the circumstances of each case. OAG 64-877 .

A commission, agency, or city has the power to condemn property of a school board for the general purpose for which each was created. OAG 65-330 .

A school board may sell property directly to a city or its agency or commission without the necessity of a public offering, and it may also negotiate for a settlement out of court at any point during a condemnation proceeding. OAG 65-330 .

The superintendent of schools may not enter into a binding Kentucky work experience and training program contract on behalf of the district unless authorized to do so by proper action of the school board. OAG 65-411 .

A board of education has adequate authority to adopt regulations which would require teachers to submit to periodic physical examinations, if it appears that they are physically unable to discharge their duties as a teacher. OAG 65-560 .

Without a showing that the circumstances differ, the exemption of certain nonresidents without the exemption of all would be arbitrary and illegal. OAG 67-48 .

Neither an interested person nor his representative has the absolute right to take the original records of a district board of education into a private room without the secretary or the secretary’s representative being present. OAG 68-291 .

Neither the interested person nor his representative has the right to reproduce the records of a district board of education by any photostatic means whatsoever the person chooses. OAG 68-291 .

The right of inspection cannot override the public interest in safe and permanent maintenance of the records. OAG 68-291 .

Where the necessary interest is present, the interested person or his representative is entitled to obtain a certified copy of the contract between the board of education and the secretary upon payment of such reasonable fee therefor as may be prescribed by regulation of the district board. OAG 68-291 .

Purchases of athletic equipment of over $1,000 by a district school board would have to be made by the bidding procedure even though the purchase money was derived from admissions to athletic exhibitions. OAG 69-327 .

The test of whether a regulation is arbitrary, capricious, unreasonable or discriminatory is whether the conduct, style of dress, hairstyle, beard or mustache may reasonably be forecast to cause substantial disruption or material interference with school activities, or whether it could reasonably be forecast to have a material adverse effect on the health, discipline or decorum of the institution. OAG 69-423 .

Under subsection (1) of this section a board of education, consistent with the rules and regulations of the State Board of Education, may expend money for the installation of gifts received pursuant to KRS 160.580 . OAG 69-431 .

Under subsection (2) of this section, a school board may make regulations designed to protect the general welfare and safety of students and in doing so may take into account specific standards of moral conduct, so that school dances could be eliminated as an approved school function by the board unless such ban were imposed for religious reasons, in which case it would violate Ky. Const., § 5 and United States Const., Amend. 1. OAG 70-167 .

KRS 161.770 is to be regarded as exclusive and takes precedence over this section. OAG 70-771 .

School districts have no authority to promulgate regulations which create speed limits which are more stringent than the speed limits allowed by state statute. OAG 71-207 .

A board of education may validly enact legislation whereby a teacher shall lose one-fourth of a day’s pay if his tardiness during a given month exceeds 15 minutes. OAG 72-362 .

Any regulation promulgated by a local board must bear a reasonable relationship to some valid objective within the purview of the local board. OAG 72-498 .

A provision in bylaws adopted by a county board of education specifying that the bylaws could not be repealed or abolished except by majority vote of the people of the county was void. OAG 73-5 .

A school board may adopt regulations pertaining to hair and dress as long as said regulations are reasonable and have a connection with student conduct, but an individual classroom teacher, athletic coach, band director or other school personnel has no authority to impose his own taste in such matters. OAG 73-233 .

Although title to school property is technically vested in the Commonwealth, control of school property is placed in the hands of the district board of education who has the power to convey an interest in the real estate by an easement and, if giving the easement causes any diminution in property value, the school board would be entitled to be compensated for the easement. OAG 73-276 .

The authority to make regulations pertaining to hair styles resides in the board of education and cannot be delegated to individuals as the board of education is the policy-making agent of the Commonwealth and the school superintendent and principals are the administrators of the board’s policy and are to see that teachers and other school personnel carry out that policy. OAG 73-284 .

The board of education may enact a hair style code for boys, but it may enact only one and it must apply to the entire district alike and to all boys of the district alike and such code should have a reasonable relationship to student conduct and to furthering the educational process. OAG 73-284 .

As the board of education of the school district is given general authority over the business affairs of the district and the control of school property, there would be nothing wrong with school districts leasing the school buses for a fair remuneration if, in the board’s discretion, said leasing would cause no interference with the operation of the school system and it would receive a fair return for the use of its property. OAG 73-306 .

A board of education has the power to make general regulations pertaining to its employees becoming candidates for elective office. OAG 73-322 .

A school board has the authority to require a teacher or principal to take a leave of absence if he announces as a candidate for public office whether the teacher or principal desires the leave or not; however, the board is under no legal obligation to grant such a leave and may grant or refuse a request therefor. OAG 73-322 .

As the superintendent is the executive agent of the board of education and has the responsibility to carry out the lawful orders of the board, the order of the board eliminating the position of deputy superintendent for the year 1973-74 and to so notify the incumbent is a lawful order but the incumbent must be notified by May 15 that his salary for the next year will be reduced or he will be entitled to at least the same salary he received during the present year. OAG 73-378 .

When a board of education officially decides to eliminate a position or not to fill a position for the coming year and to employ the person filling the eliminated position in a position of reduced responsibility and salary, it is necessary that the employee be notified that his position and salary will be reduced for the coming year before May 15 and the superintendent and the board will then have until July 1 to decide on the new position for said employee. OAG 73-378 ; 76-360.

The announcement over a school speaker system or the distribution of notices to children on school property of meetings of an organization of parents to promote a constitutional amendment which would forbid busing of school pupils for the purpose of achieving racial balance in the public schools constitutes an illegal use of school property and improperly interjects political questions into the operation of the public school. OAG 74-118 .

The school board has broad discretion under KRS 160.160 and this section in the selection of school sites and the establishment of schools so that even if the county is the legal owner of the property and is leasing it to the school board under KRS 162.140 as the school district holds equitable title, the fiscal court has no rights relative to a high school building which the board of education plans to tear down and replace with a new building unless the county could negotiate the purchase of the property from the school board. OAG 74-221 .

A school board may enact a reasonable regulation that a pupil may not be absent on more than a limited number of days and still receive credit for his courses. OAG 74-312 .

A school board may not bind the school district to an employment agreement for any set duration. OAG 74-367 .

This section empowers a local school board to pay a termination payment of three months’ pay to a superintendent of schools who resigns before his contract has expired. OAG 74-708 .

A board of education may reasonably regulate the use of school property by charging $5.00 for a permit allowing students who drive to school to park on school grounds. OAG 74-734 .

Whether a board of education may allow a period of sick leave and leave of absence for maternity confinement to run in immediate succession is a matter within the sole discretion of the board. OAG 74-745 .

As an agency of the state a school district enjoys sovereign immunity from liability and may not legally expend school funds for premises liability insurance without an enabling statute. OAG 74-746 .

In the absence of statute or regulation governing emergency or sick leave for regular part-time employees of the county board of education, the board may enact such policy as it deems proper. OAG 74-770 .

This section is not authorization for boards of education to regulate students’ use of cars as a means of transportation to and from school nor could the boards be held liable in tort for injury to students on or off school grounds, due to the school boards’ sovereign immunity. OAG 74-783 .

A board of education may not legally expend public funds to purchase insurance to protect board members from personal liability arising from claims against them for errors and omissions committed by them in the performance of their official duties. OAG 75-81 .

A school board regulation providing that a student fails a course after nine absences is invalid since it in effect considers the student to be automatically expelled after the nine absences but does not afford him a hearing and an opportunity to be heard and gives no consideration to the cause of the absences. OAG 75-124 .

There is no obligation on a school board’s part to negotiate with its employees as the internal management of common schools and teachers is vested in the local board of education and through KRS 161.140 (now repealed), 161.170 , 160.290 and 160.370 the board has vested control over the compensation, duties, working conditions and related items concerning teachers. OAG 75-126 .

Being married is not a legal reason for forbidding a student to go on a class trip. OAG 75-163 .

KRS Chapter 387 pertaining to guardians makes no provision for a guardian “for school purposes only” and therefore the appointment of such a guardian through trial commissioner’s order is a nullity and the school board is not legally bound to recognize such an order. OAG 75-170 .

Where a board of education has adopted different time schedules for the city and the rural schools within its district, rural teachers who are required to work a reasonably longer day than city teachers in the same district are not entitled to extra compensation solely on the basis of a longer working day. OAG 75-297 .

Within the statutory limits of from six to nine hours (KRS 158.060 ), each school district may adopt its own schedule of classes and professional duties of its teachers and it is not required that the working day of all teachers in the same district be exactly the same length of time. OAG 75-297 .

Although KRS 160.560 requires each board of education to elect a treasurer but is silent as to compensation for the treasurer, under this section, the board may fix a reasonable compensation for the treasurer. OAG 75-461 .

A local civil defense unit has no authority to demand the use of school property and, while the school district may not donate the use of its property for nonschool purposes, it may lease the property for fair remuneration. OAG 75-466 .

A local school board has the implied authority to employ an attorney to represent it in its corporate capacity in litigation with the State Board of Education and to pay resulting legal fees from the general fund. OAG 75-552 .

A board of education may adopt a uniform policy relative to sick leave which would permit granting a teacher credit for accumulated sick leave at the time of previous termination of employment but a board should not grant sick leave credit on only a case by case basis. OAG 75-587 .

The boards of education of high school districts within a county may adopt a policy requiring that students transferring to another school without changing residence complete that school year in the school transferred to without further transferring. OAG 75-602 .

Boards of education under their general powers may establish reasonable policies for the retention, demotion and promotion of pupils, including requiring that pupils passed by their teachers move on to the next higher grade. OAG 75-603 .

In view of sections 180, 184 and 186 of the Constitution public school funds may not be expended to employ persons to control vehicular and pedestrian traffic on public streets or roads in or around school premises. OAG 75-614 .

There have been no decisions by the Court of Appeals involving the liability of boards of education or their members for personal injuries or property damage resulting from the boards’ authorized use of student safety patrols to control vehicular and pedestrian traffic on public streets in or around school premises, but the general principle is that school board members will not be held personally liable for a loss or injury resulting from an act within the scope of their authority and within their jurisdiction in the absence of negligence. OAG 75-614 .

A board of education may establish student safety patrols for street traffic instructional purposes inside the limits of school property but may not make or enforce traffic regulation on roads or driveways within or outside the limits of school property. OAG 75-614 .

There is no constitutional or legislative requirement that the cost of education to public school pupils must be free and a board of education may require that pupils be charged a reasonable fee for school supplies. OAG 75-619 .

An off-duty constable employed as a school security guard is an employee of the school board which may compensate him for his services. OAG 75-631 .

Where a school board provides a fixed source of money to be used in purchasing fringe benefits for each of its teachers, it may afford the teachers the option to receive the fringe benefits or an equivalent fixed sum in cash. OAG 75-646 .

Although the board of education, under this section, has the power to adopt rules for the operation of schools, the General Assembly did not intend to impose upon local boards the duty to make and enforce rules which reach into each classroom. OAG 75-656 .

The broad powers given to boards of education allow enactment by them of a regulation governing whether a school absence not authorized by statute will be considered excused or unexcused, subject only to the restriction that the regulation be reasonable and not arbitrary. OAG 75-694 .

A board of education, pursuant to the powers granted in subsection (2) of this section, may adopt a uniform policy of sick leave for teachers which would permit a teacher to transfer all or a specific number of accumulated sick leave days from another school district, whether in state or out. OAG 75-697 .

The local board of education, not the child, has the right to determine which school the child shall attend. OAG 76-55 .

The board of education, in its discretion, determines the number of administrative and teaching positions it deems necessary and proper for the school system. OAG 76-118 .

The requirement of the State Department of Education that a child participate in a health and physical education course does not impose a significant constitutional burden upon the freedom to exercise religious beliefs, and therefore the state’s interest in establishing a sound curriculum format for graduation must prevail over patchwork exceptions to course requirements. OAG 76-225 .

A teacher would not be bound by a local board of education policy restricting the number of semester hours of college or university study that can be taken by its certified employees during a school year, for such a policy would pose an unreasonable burden on teachers who by mandatory law must complete additional college or university study within a specified period of time in order to continue their professional work. OAG 76-311 .

A board of education may adopt rules and regulations governing out-of-district travel for its members. OAG 76-329 .

A board of education cannot lawfully contract away amendatory obligation of approval given it by the statutes and, therefore, any contractual provisions of a superintendent’s contract in derogation of the expressed statutory outline of powers and duties of a superintendent of a public common school system and a local board of education would be void. OAG 76-360 .

A local board of education has the power to adopt reasonable policies over and above, but not in conflict with, the State Board of Education regulations concerning the selection of children from those eligible to attend kindergarten classes, therefore a local board of education does not have to permit a six (6) year old child in its kindergarten program. OAG 76-412 .

While there is no law prohibiting the operation of motorcycles and minibikes upon the parking lot and grounds of a school, such activity may be regulated by the local board of education and the local board of education could adopt such rules and regulations as it deemed necessary regarding these activities; however, it would be illegal for the local board of education to spend public school moneys to support this activity on school property. OAG 77-11 .

A local board of education may enact a personal leave policy for its noncertified employees as it deems proper. OAG 77-115 .

A county board of education has the power and authority to grant a permanent easement over school grounds to a property owner for purposes of ingress and egress to his property by pedestrians and vehicles. OAG 77-298 .

A local board of education would be without legislative authority to lease to a private corporation six outdoor tennis courts and adjacent parking area to be used for private gain during the winter months. OAG 77-342 .

Local school boards may not establish policies or regulations which serve to discriminate against married students. OAG 77-361 .

A board of education policy denying automatically a married student the right to participate in extracurricular activities associated with the school would interfere with the married student’s civil liberties. OAG 77-361 .

Although a board of education has authority to establish a fee for extracurricular activities, the board could not compel the payment of the fee nor could the board withhold the recording of grades of a student who has failed to pay the fee. OAG 77-574 .

A local board of education may adopt a blanket policy of retirement of noncertified employees at age 65. OAG 77-595 .

It is within the discretionary power of the board of education of a county school system to adopt an enrollment policy which would permit the parents of students residing in the county to enroll their children in schools outside the usual attendance area. OAG 77-736 .

A local school board may elect to purchase liability insurance for its employees and pay all or a portion of the premium from board of education funds. OAG 78-21 .

A local board of education can appoint a committee, the function of which would be advisory in nature with respect to the search for qualified individuals to fill the position of chief deputy superintendent inasmuch as a local board of education may appoint a committee concerning any matter that relates to a proper subject of inquiry by it. OAG 78-41 .

The local board of education has authority over the control and management of the school and the duty to adopt rules and regulations governing various aspects of the schools in the school district. OAG 78-204 .

A local school board may, but is not required to, pay from school funds costs of contracting with local physicians for the performing of physical examinations required by school law or regulation. OAG 78-365 .

A local board of education may designate attendance areas and draw boundary lines under its general authority provided by this section and nothing in KRS 160.210 prevents this being done in an election year. OAG 78-366 .

A school system has the right to suspend a child from the school bus for misconduct. OAG 78-392 .

A local school board has the discretionary power and authority to structure course offerings so as to require attendance in a school district for eight school semesters before graduation. OAG 78-606 .

When the board of education opened a new school which was to enroll all of the students in certain grades who formerly were enrolled in several schools, it was permissible, under this section, to transfer proportionate amounts of school activities account moneys from the accounts of the old schools and set up a new account with them for the new school since this section gives school boards control over internal account funds as well as general account moneys. OAG 78-644 .

The fixing of the salary for an assistant superintendent position is left as a sole responsibility of a local board. OAG 79-88 .

Teachers and administrators and other school officials are responsible for the public education and are charged with the responsibility of implementing the rules and regulations of the Commonwealth for the control and management of the common schools and local board rules and regulations for schools in a school district. OAG 79-168 .

A local board of education may not permit the use of any school facilities that interferes with school activities. OAG 79-321 .

The use of school facilities is subject to the determination of a local board of education and it is paramount that the board adopt rules and regulations regarding the permitting of the use of school property so that such use does not in any way interfere with the conducting of any school program, curricular or co-curricular. OAG 79-321 .

It is impermissible for a teacher incorporating classroom participation as part of the overall academic grade to give a student a lower grade in a course than he earned while in class for failure to participate in class on days when he was absent under a legitimate excused absence. OAG 79-539 .

A local board of education may prescribe the manner and duration of the selection of a board chairperson. OAG 80-48 .

There is no legal basis that would require a local board of education to determine “cause” existed before a new chairperson could be chosen. OAG 80-48 .

A local board of education has the lawful authority and duty to prescribe the manner in which school buildings and facilities may be used by groups during nonschool hours. OAG 80-78 .

A local board of education, pursuant to its broad authority under this section, may require additional credit requirements over those minimally established by regulation of the State Board for Elementary and Secondary Education (now State Board of Education), pursuant to KRS 156.160(2). OAG 80-118 .

While there is no statutory language in the state school laws providing for written reprimands, under a board of education’s broad authority granted to it by this section, a written reprimand is permissible. OAG 80-119 .

A school district may not advance money to its employees for travel or other necessary expenses prior to the expense actually being incurred since the applicable statutes contemplate reimbursement, not an advancement of money. OAG 80-395 .

KRS 438.050 , as it is written, proscribes only the smoking of tobacco products; however, the board of education may regulate, under the authority of this section and KRS 160.340 , the use of tobacco products such as snuff or chewing tobacco in ways other than smoking, by its employees, other adults or students. OAG 81-295 .

Subsection (2) of this section does not permit an attempt by a school board to establish residential requirements for school employees, particularly in light of the fact that there are no other teacher qualification statutes requiring residence in the district where employed. OAG 82-59 .

A local county board of education is sufficiently representative of the geographic area that it serves to qualify as an agency with which a community action agency could contract, and therefore, as long as the subject matter of the contract related to the purpose of promoting public education, a county board of education could enter into a contract with a community action agency pursuant to KRS 160.160 and this section. OAG 82-387 .

Retention and promotion of pupils is entirely a matter of local board of education policy and not a matter for control by parents. Parents do not have a right to demand that a child be retained at a particular grade level for any reason, and especially not for athletic purposes. OAG 82-473 .

Although school boards must see that their policies and regulations are reasonable and nonarbitrary, both on their face and as applied, this responsibility does not require the exact identical result in all situations. OAG 82-623 .

Pursuant to KRS 158.150 , a school board may adopt a policy establishing, as a separate legal cause for suspension or expulsion, those practices prohibited by KRS 218A.350 concerning substances that simulate controlled substances. OAG 82-633 .

Even though local boards of education are to promote “the general health and welfare of pupils,” as a matter of prudence teachers probably should not dispense drug store health remedies such as aspirin to school children, whether of elementary or secondary school age. OAG 83-115 .

It is within the legal prerogative of the local board to fairly establish the nature of professional activities for which it will be willing to incur expenses. OAG 83-228 .

While there is a legal basis for the expenditure of school moneys for professional activities, a school board is not mandated to approve the incurring of these expenses and costs for reimbursement from school funds. OAG 83-228 .

Within reason, school boards are permitted to bear the direct and indirect expenses incurred by teachers and administrators who attend, after prior approval by the board, professional activities and functions; however, school boards are not wholly unfettered in exercising their discretion in approving attendance at sundry professional activities since Ky. Const., §§ 180 and 184 require that school funds may be used only for school purposes, the test being whether the expenditure is for an educational purpose rather than whether an activity might be beneficial to education. OAG 83-228 .

It is legal for a board of education to pay salaries and/or expenses, including travel, lodging, and meals for school administrators to attend business sessions of their respective professional organizations, training and professional improvement meetings conducted by their professional organization and accreditation associations to which their schools or districts belong and/or lobbying activities conducted by their professional associations. OAG 83-228 .

It is legal for a board of education to pay salaries and/or expenses, including travel, lodging, meals, and substitute teachers, for teachers to attend business sessions of their respective professional organizations, training and professional improvement meetings conducted by their professional organization, and/or lobbying activities conducted by their organization. OAG 83-228 .

A school board may, by regulation, establish reasonable rules and policies affecting the use of motor vehicles by students and school employees on school grounds and in school-related activities; however, there has been no authority delegated by the General Assembly to school boards under which such boards may create and punish public offenses either in the area of traffic regulation or parking. OAG 84-107 .

Under the broad powers of a school board, pursuant to KRS 160.160 and this section, it could employ a security guard to look after its properties; such security guard, to be effective, should be a special local peace officer commissioned according to KRS 61.360 . OAG 84-107 .

A local board of education may open or close a school without the recommendation of the local superintendent. OAG 85-98 .

Where one or more school districts initiate a suit to enforce state equalization of school funding within the Commonwealth, interested school districts may contribute reasonable amounts of money from school funds to meet the costs of the suit, including reasonable attorney’s fees; such expenditure would, however, have to be made in accordance with appropriate budget considerations. OAG 85-100 .

Although KRS 160.160 and subsection (1) of this section do not provide a specific statutory pronouncement upon what a local board of education may expend, school funds may be expended for those purposes authorized either expressly or by necessary implication by the statutes. OAG 85-100 .

A local school district may contract to allow funds held for the local district by the Kentucky Department of Education to be transferred as directed, assuming all statutory and constitutional requirements relative to the use of those funds, if any, have been met. OAG 87-22 .

With limited exceptions, as provided for open meetings of public agencies, a local school board may prohibit nonstudents from entering upon school property, irrespective of the nature of activities being conducted upon the property. OAG 90-11 .

Based on the language of subsection (2) it does appear that the board may, in general, prescribe qualifications and duties with regard to categories of employees while the superintendent prescribes with more specificity, the duties of individual positions. OAG 91-10 .

The board of education continues to have responsibility for “general control and management of the public schools in its district” including “control and management of all school funds,” and including setting “compensation of employees,” but the board alone continues to have the power to create and abolish positions and it is the responsibility of the superintendent to make decisions regarding how and when to fill positions. OAG 91-10 .

There is no conflict of interest statute prohibiting school board members from voting on general salary increases that affect teachers who are related to those board members and who work in the school system. OAG 91-60 .

An expenditure of common school funds or a donation of school property for a public purpose other than for the benefit of public education is not permissible under Ky. Const., §§ 180, 184 and 186; therefore, under Ky. Const., §§ 180, 184, and 186, any transfer of surplus school buildings to community service organizations must be based on the fair market value of the property. OAG 91-85 .

The board of education, as part of its responsibility for the management of the district public schools as a whole, manages all school funds (which includes setting compensation of employees); creates and abolishes positions of employment in the school system; and has the authority to adopt rules and regulations concerning the qualifications and duties of employees by categories. OAG 91-122 .

The school council does not have authority, unilaterally, to create and abolish positions or to set compensation for the school as a whole. Once the school council learns of available funding and the number of positions available for the school from the board, then the council may determine the number of individuals to be employed in each job class. It remains the responsibility of the local board of education, to establish the overall number of positions and to set the compensation of employees. If this were not the case, staffing and salaries from school to school could lack consistency with drastic effects on the district budget. OAG 91-122 .

Authority concerning the use of all tobacco products by employees, students and visitors in school buildings, on school grounds or on field trips rests with the local board of education, not with superintendents and principals, unless that authority is delegated to them by the board. OAG 91-137 .

KRS 438.050 does not grant authority to superintendents or principals beyond that authority granted to those officials by the Board; and, as currently written, does not forbid smoking of tobacco products at outdoor athletic events, depending on what smoking areas are to be designated in the schools. OAG 91-137 .

The local board has responsibility for control and management of the school district as a whole, and has the authority to make contracts and agreements; the board has management and control of school funds, and fixes the compensation of the employees. OAG 92-29 .

While the superintendent is responsible for personnel actions including, among other things, hiring and assignments, to the extent that the local board is responsible for control and management of school funds, the board may determine the amount of extended employment and compensation for personnel employed beyond the 185 day period; any reduction in salary to a teacher (which includes most administrators for purposes of the teachers tenure law), must be accompanied by appropriate notice. OAG 92-29 .

School board approval is required when the superintendent decides to move the central business office to a new location requiring substantial expenditure of school funds because the movement of the office is not, primarily, a personnel decision, but one involving the management of business affairs; while the superintendent has responsibility for the management of business affairs, that responsibility is subject to the control of the board of education and moreover, the school board has control and management of all school funds, public school property and school facilities; depending on the steps taken, approval of the Department of Education may also be required. OAG 92-65 .

The superintendent has the responsibility to make individual personnel decisions and to define the duties of particular employee positions. However, the local board has the responsibility to manage the entire district, control school funds, set compensation, create and abolish positions of employment and adopt regulations for qualifications and duties of classes of employees. OAG 92-133 .

If a local board in a single-school district elects to implement SBDM this decision controls over the vote of the school staff. OAG 93-31 .

The decision of the local board of education in a single-school district not to implement SBDM controls over the school’s desires to enter SBDM. OAG 93-31 .

The local board may reject a school council’s policy on corporal punishment if the local school board has a policy banning corporal punishment based on concerns for liability or concerns for health and safety. OAG 93-31 .

A school board may not require principals to be residents of the school district. OAG 01-7 .

Research References and Practice Aids

Cross-References.

Conferences of public school officials, board to pay expenses of, KRS 156.190 .

Flags to be supplied for display at schools, KRS 2.040 .

School employees, provisions as to, KRS Ch. 161.

Teachers’ retirement, board to make salary deductions and reports for, KRS 161.560 .

Teachers’ tenure law, KRS 161.720 to 161.810 .

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

Kirby, School-Based Decision Making, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 15.

Prather, Establishing Schools, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 19.

Education Law: Hiring and Termination Issues, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 17.

Kentucky Law Journal.

Taylor, With Temperate Rod: Maintaining Academic Order in Secondary Schools, 58 Ky. L.J. 616 (1970).

Hays, Constitutional Law — School Dress Codes — A Student’s Right to Choose His Hair Style and Length, 59 Ky. L.J. 238 (1970).

Comments, Constitutional Limitations on Mandatory Teacher Retirement, 67 Ky. L.J. 253 (1978-1979).

Kentucky Law Survey, Hanley and Schwemm, Education: Teacher’s Rights, 67 Ky. L.J. 721 (1978-1979).

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

160.291. Manner of payment of salaries to school employees — Pay for extra duties or services — Fringe benefits program.

  1. All school employees working on a continuing, regular basis, shall be paid regularly, on dates determined by the employing board of education, during the school year or during the fiscal year for twelve (12) month employees, the provisions of KRS 337.020 notwithstanding. The gross salary received on each pay date will be an amount equal to the school employee’s annual salary divided by the number of pay dates, except a local board of education shall pay an employee any remaining salary owed prior to the end of the fiscal year upon completion of the employee’s responsibilities or duties if so notified by the employee.
  2. Salary amounts shall be paid on the prescribed pay dates without deduction for days on which schools were closed; provided, however, any time not worked for which pay is received must be made up prior to the end of that current school year, or pay so received shall be withheld from the final salary payment of that school year.
  3. Gross Salary payments under subsection (1) of this section need not, but may, include pay for extra duties or services. Payment for extra duties or services must be paid pursuant to a payment plan adopted by the board of education prior to the beginning of the school year. The board of education may also adopt a plan for providing a program of fringe benefits to its employees.
  4. All payments made for salaries, extra duties, and fringe benefits by the board of education under the authority of this section are deemed to be for services rendered and for the benefit of the common schools; the payments do not affect the eligibility of any school system to participate in the public school fund as established in KRS Chapter 157. Nor shall any individual board member or administrator be held liable where additional payments for such service become necessary. Provided, however, that nothing in this section authorizes or requires the payment of salaries to personnel when schools are closed as a result of a strike or other work stoppage or when schools are open and personnel fail to render services. No part of this section shall be law if any part is declared unconstitutional.
  5. Subsection (2) of this section does not apply to those employed on a twelve (12) month basis.

History. Enact. Acts 1978, ch. 49, § 1, effective March 28, 1978; 1980, ch. 341, § 1, effective June 15, 1980; 1982, ch. 86, § 1, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 229, effective July 13, 1990; 1994, ch. 174, § 1, effective July 15, 1994; 1998, ch. 177, § 1, effective March 27, 1998.

Opinions of Attorney General.

This section is limited to certified personnel. OAG 79-337 .

As classified employees usually will not have performed any services for so-called snowbank days, these employees would be ineligible to be paid for these days. If classified employees have been already paid for such snowbank days, they would have to have deducted from their pay at the end of the school year an amount equal to the snowbank days pay received. OAG 82-132 .

School boards do not have an option on whether to pay classified employees for snow days; all regular, full-time employees (except those employed on a 12-month basis) are to continue to receive their regular pay even though school is closed. OAG 82-132 .

There is no improper discrimination between classified employees and certified employees of a school district based upon an ability of teachers to participate in an extended school day plan (snowbank) days and an inability of classified employees to do the same, as there are two distinct classifications of school employees. It is only the arbitrary classification and treatment of individuals that runs afoul of Ky. Const., § 2 and U.S. Const., Amend. 14. OAG 82-132 .

This section applies to all school employees, certified and classified, who work on a continuing, regular basis excluding those employed on a 12-month basis. OAG 82-132 .

This section calls for all of the full-time, regular employees of a school district to be treated in parity. Thus, while school employees are to continue to receive their pay checks even though not actually working, it is the school district’s obligation under this section and Ky. Const., § 3 to see that before the school year has ended, teachers and classified employees alike have only been paid for school days actually worked. OAG 82-132 .

This section must be viewed as applying to classified employees even though they may not be paid a “salary” in the sense that term is usually thought of, because to interpret it otherwise would be to continue to limit the statute to only school teachers and that, obviously, is not what was intended by the General Assembly by its 1980 amendment. OAG 82-132 .

One time payments to teachers to induce retirement are constitutional under Ky. Const., § 3 as such payments are in consideration of public service. The key fact that makes these payments constitutional is the voluntary retirement of the teacher; such an act is a “present” service for which an emolument is paid, not a past service for which a gratuity is given. OAG 96-23 .

160.293. Development of school property recreational facilities for school and community purposes.

Any statute to the contrary notwithstanding, upon the recommendation of the chief state school officer, the Kentucky Board of Education may adopt administrative regulations authorizing a local board of education to enter into an agreement with a public agency for the purpose of developing and maintaining on school property recreational facilities for school and community purposes in accordance with the following standards:

  1. The property must be used in such a manner and at such times so that there will be no interference with school activities.
  2. The control and management of this property shall be in accordance with administrative regulations adopted hereunder by the Kentucky Board of Education.
  3. All agreements must have the prior approval of the chief state school officer and the Attorney General.
  4. Any agreement executed herein shall not be considered an indebtedness within the meaning of Sections 157 and 158 of the State Constitution of Kentucky.

History. Enact. Acts 1974, ch. 348, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 230, effective July 13, 1990; 1996, ch.362, § 6, effective July 10, 1996.

Opinions of Attorney General.

A city may lease land from a school board over a long term, and may install recreational facilities thereon, when those facilities will be beneficial to the school district. OAG 78-472 .

An expenditure of common school funds or a donation of school property for a public purpose other than for the benefit of public education is not permissible under Ky. Const., §§ 180, 184 and 186; therefore, under Ky. Const., §§ 180, 184, and 186, any transfer of surplus school buildings to community service organizations must be based on the fair market value of the property. OAG 91-85 .

160.294. Recycling requirement for local school districts — Exemptions.

  1. Each local board of education shall adopt a plan and procedures for recycling white paper and cardboard in all board-owned and operated facilities.
  2. A local board of education shall be exempt from the requirement to establish a recycling program as described in this section if:
    1. There is no recycling facility within the county or within a reasonable distance in an adjoining geographic area; or
    2. The district cannot locate a recycling vendor to service the school district, without incurring a negative fiscal impact.
  3. The board may delegate to each school or school council the responsibility for designing its own procedures; however, the superintendent or the superintendent’s designee shall periodically review the operating procedures to assure that recycling is being carried out.

History. Enact. Acts 1998, ch. 558, § 1, effective July 15, 1998.

160.295. Procedure for promulgation of code of student rights and responsibilities for secondary schools — Prohibited student activities.

  1. The board of education of each public school district in the Commonwealth may adopt and promulgate a code of student rights and responsibilities for secondary schools from recommendations of a committee composed of students, faculty, parents, and school district administrative personnel.
  2. Such committee shall consist of two (2) students, two (2) parents of students, two (2) faculty members, two (2) representatives from administrative personnel of the district, and one (1) member of the local school board.
  3. The student and faculty members of such committee shall be elected by their peers in the local school district; the administrative personnel shall be appointed by the school district superintendent, and the parents selected by the faculty and student body. Members of such committee shall serve for a term of one (1) year and may be reelected or reappointed in following years. Initial composition of the elected members of such committee shall be by the following:
    1. The district superintendent shall notify each school within the district, each school principal or head teacher, the students of the district, and the parents of students within the district as to the method for receiving nominations for membership on the committee and of the methods by which the election of members shall take place. Such notification shall take place on or before the first day of school for each school term.
    2. Nominations for the student, faculty, and parent members of the committee shall be received in writing by the district superintendent within thirty (30) days following the commencement of each school term.
    3. The election of student, faculty, and parent members of the committee shall be held within fourteen (14) days following the closing of nominations under the supervision of the district superintendent.
    4. The initial meeting of the elected and appointed members shall be no later than fourteen (14) days following the election.
  4. Each committee member shall be entitled to a single vote and any code of student rights and responsibilities adopted by a majority of the committee membership shall be submitted to the district board of education which may cause such code, in whole or in part, to be implemented in the public schools of the district.
  5. All meetings of the committee shall be open to the public and the committee shall hold at least one (1) public hearing on the proposed code before it is adopted and submitted to the district board of education for implementation.
  6. The code of student rights and responsibilities adopted by the committee may define rights and responsibilities regarding, but not limited to, the following:
    1. Right of expression, including, but not limited to, appearance, assembly, association, and circulation of petitions and literature;
    2. Right to participate in decision-making procedures directly affecting students;
    3. Right to procedural due process concerning major disciplinary action, as defined by the code;
    4. Right to receive academic grades based only upon academic performance;
    5. Right to freedom from abuse and threat of abuse by members of school faculties and administration personnel; and
    6. Right of access by a student to his or her own records and guarantee of the confidentiality of a student’s academic records outside of the school system, except upon written authorization of the student or his or her parents or guardians.
  7. Students shall refrain from activity which materially or substantially disrupts the educational process or presents a clear and present danger to the health and safety of persons or property, or infringes on the rights of others.

History. Enact. Acts 1974, ch. 249, § 1; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 432, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 249, § 1) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 432, effective July 13, 1990.

Opinions of Attorney General.

Policies regarding discipline of conduct of pupils should be promulgated to the students through the permissive statute outlining the adoption and promulgation of a code of student rights and responsibilities. OAG 78-673 .

This section merely outlines one suggested plan for enacting a code of student rights and responsibilities, and a different committee structure is permissible where all elements of the community are represented and the board of education has final determination of such a code. OAG 79-322 .

160.297. Military recruiters’ access to public high school campuses and student directory information. [Renumbered].

Compiler’s Notes.

This section was amended by Acts 1994, ch. 98, § 6 and renumbered as KRS 160.725 by the Revisor of Statutes pursuant to KRS 7.136 , effective July 15, 1994.

160.300. Investigations by board — Power to summon witnesses.

  1. A board of education may, in any investigation or proceeding before it, concerning a matter that may be a proper subject of inquiry by it, summon witnesses by subpoena, enforce their attendance, and require that they testify under properly administered oath.
  2. No person so summoned shall refuse to attend or to produce a written statement to be used as legal evidence in the investigation or proceeding, or, if present, refuse to testify concerning any matter that may be a proper subject of inquiry.

History. 4399-55; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 434, effective July 13, 1990.

Compiler’s Notes.

This section (4399-55) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 434, effective July 13, 1990.

NOTES TO DECISIONS

1. Discovery and Amendment.

In an action under KRS 161.790 the school board had the right to inquire into teacher’s official actions and to expect frank answers and was entitled to the benefit of discovery and amendment although it would have been better practice for the board to have taken his deposition or direct his appearance before it at some time prior to the hearing which it had the right to do under this section. Board of Education v. Chattin, 376 S.W.2d 693, 1964 Ky. LEXIS 471 ( Ky. 1964 ), overruled, Osborne v. Bullitt County Bd. of Educ., 415 S.W.2d 607, 1967 Ky. LEXIS 325 ( Ky. 1967 ).

Opinions of Attorney General.

Under the provisions of this section, a local board of education may not conduct an investigation of one of its own members for alleged improper official acts. OAG 76-491 .

A person appointed under this section to receive testimony regarding the conduct of the schools would have no authority to issue subpoenas requiring the attendance and testimony of persons who are not employees of the school district. OAG 77-365 .

Because classified public school employee have no statutory post-termination remedy, local school boards should enact policies pursuant to KRS 161.011(9)(c) implementing due process hearing procedures applicable to classified employees prior to termination. Minimum standards of due process require reasonable notice of hearing, right to appear and produce evidence, right to call witnesses and conduct cross-examination, right to counsel, impartial decision-maker, and statement of basis for decision. OAG 2005-06 .

160.303. Reciprocal preference for resident bidders.

For all contracts awarded by a local board of education, the board shall apply the reciprocal preference for resident bidders described in KRS 45A.494 .

History. Enact. Acts 2010, ch. 162, § 19, effective July 15, 2010.

160.305. Contracts for use of school buses to transport persons eligible for transportation services.

  1. The Cabinet for Health and Family Services may enter into a contract with the local board of education of any school district in the Commonwealth for the use of school buses to transport persons eligible for transportation services at times when the buses are not needed to transport students to or from school or school events. Persons eligible for these transportation services shall be:
    1. Sixty-two (62) years of age or older;
    2. Those with physical or mental disabilities; or
    3. Any other person designated by the Cabinet for Health and Family Services as appropriate for these transportation services.
  2. Before this contract is entered into, the Cabinet for Health and Family Services shall formulate a plan for the use of school buses for these purposes and shall submit it to the local board of education for its approval or disapproval. The plan for the use of school buses for these transportation purposes shall include routes, schedules, cost, and any other matters deemed necessary by both parties.
  3. The cost of transporting persons eligible under the provisions of subsection (1) of this section shall be borne by the Cabinet for Health and Family Services.

History. Enact. Acts 1974, ch. 322, § 1; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 435, effective July 13, 1990; 1994, ch. 405, § 28, effective July 15, 1994; 1998, ch. 426, § 117, effective July 15, 1998; 2005, ch. 99, § 135, effective June 20, 2005.

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 322, § 1) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 435, effective July 13, 1990.

Research References and Practice Aids

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

160.306. Implementation of KRS 160.305 — Pilot projects. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 251, § 1) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

160.310. Board to provide insurance for school buses.

Each board of education may set aside funds to provide for liability and indemnity insurance against the negligence of the drivers or operators of school buses, other motor vehicles, and mobile equipment owned or operated by the board. If the transportation of pupils is let out under contract, the contract shall require the contractor to carry indemnity or liability insurance against negligence in such amount as the board designates. In either case, the indemnity bond or insurance policy shall be issued by some surety or insurance company authorized to transact business in this state, and shall bind the company to pay any final judgment, not to exceed the limits of the policy, rendered against the insured for loss or damage to property of any school child or death or injury of any school child or other person.

History. 4399-20a, 4399-20b; Acts 1960, ch. 97, effective June 16, 1960; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 436, effective July 13, 1990; 2015, ch. 57, § 17, effective June 24, 2015; 2015, ch. 106, § 2, effective June 24, 2015.

Legislative Research Commission Note.

(6/24/2015). This statute was amended by 2015 Ky. Acts chs. 57 and 106 (HB 117 and HB 525, respectively), which are in conflict. The later-passed bill, HB 525, prevails in the event of a conflict. In this case, HB 525 reversed the amendments made to this statute in HB 117, resulting in no change being made to this statute in the 2015 Regular Session.

Compiler's Notes.

This section (4399-20a, 4399-20b; amend. Acts 1960, ch. 97, effective June 16, 1960) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 436, effective July 13, 1994.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Coverage Mandatory.
  3. Liability of County School Superintendent.
  4. Liability of Board.
  5. Judgment Against Board.
1. Constitutionality.

The carrying of liability insurance on school buses is an expense incident to a rational program of school transportation, and the requirement of this section that such insurance be carried does not violate Const., § 184. Bronaugh v. Murray, 294 Ky. 715 , 172 S.W.2d 591, 1943 Ky. LEXIS 531 ( Ky. 1943 ).

2. Coverage Mandatory.

Provision of this section that coverage of policy shall include “any school child or other person” who suffers injury or death as the result of the negligence of a driver of a school bus owned or operated by the board of education is mandatory and constitutes a part of the policy as fully and effectively as if written in the policy and provisions of policy to restrict liability within narrower limits are void. Standard Acc. Ins. Co. v. Perry County Board of Education, 72 F. Supp. 142, 1947 U.S. Dist. LEXIS 2468 (D. Ky. 1947 ).

3. Liability of County School Superintendent.

County school superintendent is not individually liable for failing to see that board requires liability insurance of bus contractors. Bronaugh v. Murray, 294 Ky. 715 , 172 S.W.2d 591, 1943 Ky. LEXIS 531 ( Ky. 1943 ).

4. Liability of Board.

Fact that this section allows board to carry liability insurance against negligence of drivers of school buses owned by board or operated under contract by it, does not make board liable for tort of its agents or employees. Wallace v. Laurel County Bd. of Education, 287 Ky. 454 , 153 S.W.2d 915, 1941 Ky. LEXIS 556 ( Ky. 1941 ).

Members of school board who fail to require bus contractors to carry liability insurance are individually liable in damages to person injured through negligent operation of bus. Bronaugh v. Murray, 294 Ky. 715 , 172 S.W.2d 591, 1943 Ky. LEXIS 531 ( Ky. 1943 ).

Failure to carry pupil transportation insurance as provided in this section may result in individual liability of board members. Gilbert v. Harlan County Board of Education, 309 S.W.2d 771, 1958 Ky. LEXIS 363 ( Ky. 1958 ).

Board of Claims Act, KRS 44.070 et seq., retained the inherent immunities of the Commonwealth of Kentucky, its agencies, and its employees, except where specifically waived by the Act or another statute, and KRS 160.310 did not waive an education board’s governmental immunity from suit either expressly or by such overwhelming implications from the text as left no room for any other reasonable construction; a trial court properly dismissed on governmental immunity grounds a suit brought by an injured person against an education board which sought damages arising from an accident which occurred while property purchased by the injured person was being loaded by a board employee onto the injured person’s truck. Grayson County Bd. of Educ. v. Casey, 157 S.W.3d 201, 2005 Ky. LEXIS 50 ( Ky. 2005 ).

5. Judgment Against Board.

When a board of education has secured an insurance policy, under this section, insuring against liability (rather than loss) arising from the operation of its school buses, the board may not interpose the defense, in an action for damages arising from negligent operation of a school bus, that the operation of school buses is a governmental function. Taylor v. Knox County Bd. of Educ., 292 Ky. 767 , 167 S.W.2d 700, 1942 Ky. LEXIS 144 ( Ky. 1942 ), overruled in part, Grayson County Bd. of Educ. v. Casey, 157 S.W.3d 201, 2005 Ky. LEXIS 50 ( Ky. 2005 ).

If judgment is entered in such a case, it cannot be collected out of school funds, but will furnish the basis for suit against the insurer. Taylor v. Knox County Bd. of Educ., 292 Ky. 767 , 167 S.W.2d 700, 1942 Ky. LEXIS 144 ( Ky. 1942 ), overruled in part, Grayson County Bd. of Educ. v. Casey, 157 S.W.3d 201, 2005 Ky. LEXIS 50 ( Ky. 2005 ).

This section permits the board to be sued and a judgment against it to measure the liability of the insurance carrier to the injured party. Brooks v. Clark County, 297 Ky. 549 , 180 S.W.2d 300, 1944 Ky. LEXIS 746 ( Ky. 1944 ).

Cited:

Thacker v. Pike County Board of Education, 301 Ky. 781 , 193 S.W.2d 409, 1946 Ky. LEXIS 569 ( Ky. 1946 ); Chambers v. Ideal Pure Milk Co., 245 S.W.2d 589, 1952 Ky. LEXIS 594 ( Ky. 1952 ); Pike County Bd. of Education v. Varney, 253 S.W.2d 253, 1952 Ky. LEXIS 1074 ( Ky. 1952 ); Roland v. Catholic Archdiocese of Louisville, 301 S.W.2d 574, 1957 Ky. LEXIS 482 ( Ky. 1957 ); Upchurch v. Clinton County, 330 S.W.2d 428, 1959 Ky. LEXIS 200 ( Ky. 1959 ); Dunlap v. University of Kentucky Student Health Servs. Clinic, 716 S.W.2d 219, 1986 Ky. LEXIS 300 ( Ky. 1986 ).

Research References and Practice Aids

Cross-References.

Bus drivers’ commercial driver’s license required, KRS 189.540 .

Regulations as to school buses, KRS 189.540 .

Transportation of school children, KRS 158.110 , 158.115 .

Kentucky Law Journal.

Comments, The Employee Defense Act: Wearing Down Sovereign Immunity, 66 Ky. L.J. 150 (1977-78).

160.320. Roads or passways to school buildings for pupils.

Any board of education may make provision for roads or passways to its school buildings to accommodate all pupils who are entitled to attend school, and may apply to the county judge/executive or the governing authority of the city having jurisdiction to open the same as other roads and passways are opened for public necessity and convenience. If there is no road or passway from the residence of any pupil to the school building which he attends it shall be lawful for such pupil, in attending school, to walk over the property of any person between the residence of the pupil and the school building.

History. 4399-61; Acts 1978, ch. 384, § 292, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 437, effective July 13, 1990.

Compiler’s Notes.

This section (4399-61; amend. Acts 1978, ch. 384, § 292, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 437, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Madison County Bd. of Educ. v. Skinner, 299 Ky. 707 , 187 S.W.2d 268, 1945 Ky. LEXIS 809 (1945).

160.325. Mandatory participation in Kentucky Energy Efficiency Program. [Repealed]

HISTORY: Enact. Acts 2008, ch. 139, § 16, effective July 15, 2008; repealed and reenact., Acts 2010, ch. 5, § 16, effective February 25, 2010; 2010, ch. 24, § 210, effective July 15, 2010; 2018 ch. 29, § 60, effective July 14, 2018; repealed by 2019 ch. 142, § 1, effective June 27, 2019.

160.330. Board may furnish necessary school supplies free of charge — Free textbooks for indigent children — Waiver of fees.

  1. Each board of education may furnish necessary school supplies free of charge to indigent children in its school district or to such other children as it deems advisable, under such rules and regulations as it may adopt, except that free textbooks must be provided to indigent children as provided in KRS 157.110 .
  2. Local school districts shall establish, pursuant to Kentucky Board of Education administrative regulations, a process by which to waive fees for pupils who qualify for free and reduced priced lunches, including a process by which such students shall be informed of the fee waiver provisions.

History. 4363-12, 4434-11; amend. Acts 1956 (4th Ex. Sess.), ch. 2; 1978, ch. 53, § 1, effective June 17, 1978; 1986, ch. 462, § 3, effective July 15, 1986; 1990, ch. 476, Pt. II, § 77, effective July 13, 1990; 1996, ch. 362, § 6, effective July 10, 1996.

NOTES TO DECISIONS

Cited:

Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

Opinions of Attorney General.

A fiscal court, subject to available funds in the budget, may provide an appropriation from county funds for the purpose of providing textbooks and school supplies needed by the indigent schoolchildren of the district through proper budgetary action as prescribed in KRS Ch. 68. OAG 70-548 .

The “tax levying authority” mentioned in this section refers to the school board of a district rather than the fiscal court. OAG 70-548 .

This section contains no authority for a county to furnish books and school supplies to indigent children, but KRS 67.080 (8) authorized a fiscal court to furnish such free books and supplies out of county funds. OAG 70-548 (opinion prior to 1978 amendment of KRS 67.080 ).

This section provides that the school superintendent must report to the school board of the district the number and cost of textbooks and school supplies needed by the indigent schoolchildren of the district and the school board shall then allocate from school funds a sum of money sufficient to cover such needs. OAG 70-548 .

There is no constitutional or legislative requirement that the cost of education to public school pupils must be free and a board of education may require that pupils be charged a reasonable fee for school supplies. OAG 75-619 .

KRS 159.140 (7) and this section may be read in complete harmony with KRS 158.108 . OAG 82-359 .

Research References and Practice Aids

Cross-References.

Director of pupil personnel to report needs of indigent children to superintendent, KRS 159.140 .

Free textbooks furnished by state, KRS 157.100 .

Penalty for failure of superintendent to report, KRS 159.990 .

160.335. Board may distribute refurbished surplus technology to low-income students.

  1. A local board of education may adopt a policy for distribution of refurbished surplus technology to low-income students who do not have technology in their homes. The policy shall include:
    1. A written determination that the property no longer meets the Kentucky Education Technology System standards established by the Kentucky Department of Education;
    2. A process for identifying eligible students and distributing the surplus technology property; and
    3. Documentation of all distributions of property.
  2. The local district is encouraged to work with local businesses and organizations to participate in the program and with its career technical programs and student organizations to refurbish the technology.
  3. The local district shall be subject to KRS 45A.425(1) to (4) for any surplus technology not distributed in accordance with this section.

History. Enact. Acts 2008, ch. 14, § 1, effective July 15, 2008.

160.340. Reports by boards to Kentucky Board of Education — Filing of policies on specified matters.

  1. Each board of education shall, on the forms prepared by the chief state school officer and approved by the Kentucky Board of Education, prepare and submit to the Kentucky Board of Education reports on all phases of its school service. Each board may prepare and publish for the information of the public a report on the progress of its schools.
  2. Each board of education shall file in the board’s office its policies relating to the following matters:
    1. Transportation of pupils;
    2. Discipline and conduct of pupils;
    3. Limitations or restrictions on use of school facilities;
    4. Conduct of meetings of the board of education, including policies on the calling of executive sessions;
    5. Personnel policies that apply to certified employees, including fringe benefits, salary schedules, nonclassroom duties, in-service training, teacher-student ratio, hiring, assignment, transfer, dismissal, suspension, reinstatement, promotion, and demotion;
    6. Evaluation of certified employees;
    7. Selection of textbooks and instructional materials;
    8. Expenditure and accounting for school funds, including all special funds; and
    9. Policies dealing with school-based decision making.
    1. The local board of education may adopt a policy requiring that each school council, or if none exists, the principal, make an annual report at a public meeting of the board describing the school’s progress in meeting the educational goals set forth in KRS 158.6451 and district goals established by the board. (3) (a) The local board of education may adopt a policy requiring that each school council, or if none exists, the principal, make an annual report at a public meeting of the board describing the school’s progress in meeting the educational goals set forth in KRS 158.6451 and district goals established by the board.
    2. Biennially, the local board shall review in a public meeting the portion of each school’s consolidated plan that sets forth the activities and schedule to reduce the achievement gaps for the various groups of students as required in KRS 158.649 . If a district has more than twenty (20) schools, the district may review the achievement gap data of each school in a comprehensive district report at a regularly scheduled meeting of the board. The report shall include the schools’ and district’s plans to reduce any identified gaps in student achievement.
  3. It is intended that these policies shall cover matters within the authority and discretion of the district board of education and not matters otherwise required by law or regulation. Such policies shall be filed in the board’s office by August 15, 1974, shall be kept up to date by filing annual amendments thereto each August 15 and shall be public records.

History. 4399-54; amend. Acts 1974, ch. 186, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 231, effective July 13, 1990; 1992, ch. 376, § 2, effective July 14, 1992; 1996, ch. 146, § 2, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 2002, ch. 302, § 4, effective July 15, 2002; 2020 ch. 112, § 13, effective July 15, 2020.

NOTES TO DECISIONS

1. Liability.

Although a ban that prohibited a teacher from attending a local teachers’ meeting made by a school principal and a director of employee relations violated his free association rights, the unconstitutional acts were not made by final policymakers under KRS 161.790 , 160.370 , and 160.340 and thus could not give rise to school board liability. Baar v. Jefferson County Bd. of Educ., 666 F. Supp. 2d 701, 2009 U.S. Dist. LEXIS 100066 (W.D. Ky. 2009 ).

Cited:

Buntin v. Breathitt County Bd. of Educ., 134 F.3d 796, 1998 FED App. 25P, 1998 U.S. App. LEXIS 786 (6th Cir. 1998).

Notes to Unpublished Decisions

1. Liability.

Unpublished decision: Defendant board of education was not liable for plaintiff teacher’s claim of constitutional violation, as his reprimand was ordered by other defendant school officials who acted without a policy or custom of the board, and under KRS 161.790 , 160.370 , 160.340 , the officials who reprimanded the teacher had no final policymaking authority. Baar v. Jefferson County Bd. of Educ., 476 Fed. Appx. 621, 2012 FED App. 0262N, 2012 U.S. App. LEXIS 5019 (6th Cir. Ky. 2012 ).

Opinions of Attorney General.

A local board of education is not obligated to pay for medical examinations and if the board is going to approve such payment it should be done based upon a local school board policy directed specifically at the matter, since this section requires a local board of education to have on file in its office policies relating to “expenditure and accounting for school funds.” OAG 78-365 .

A school system has the right to suspend a child from the school bus for misconduct. OAG 78-392 .

Policies regarding discipline of conduct of pupils should be promulgated to the students through the permissive statute outlining the adoption and promulgation of a code of student rights and responsibilities. OAG 78-673 .

KRS 438.050 , as it is written, proscribes only the smoking of tobacco products; however, the board of education may regulate, under the authority of KRS 160.290 and this section, the use of tobacco products such as snuff or chewing tobacco in ways other than smoking, by its employees, other adults or students. OAG 81-295 .

School board approval is required when the superintendent decides to move the central business office to a new location requiring substantial expenditure of school funds because the movement of the office is not, primarily, a personnel decision, but one involving the management of business affairs; while the superintendent has responsibility for the management of business affairs, that responsibility is subject to the control of the board of education and moreover, the school board has control and management of all school funds, public school property and school facilities; depending on the steps taken, approval of the Department of Education may also be required. OAG 92-65 .

Research References and Practice Aids

Cross-References.

Revenue Cabinet, reports to, KRS 131.030 , 131.130 , 131.140 , 134.140 .

Financial matters, reports to State Board of Education with respect to, KRS 157.060 .

Superintendent of Public Instruction to supervise accounts and reports of local boards, KRS 156.160 , 156.200 .

Teachers’ retirement, records for to be kept, KRS 161.560 .

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

Kirby, School-Based Decision Making, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 15.

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

160.345. Definitions — Required adoption of school councils for school-based decision making — Composition — Responsibilities — Personnel decisions — Professional development — Exemption — Formula for allocation of school district funds — Intentionally engaging in conduct detrimental to school-based decision making by board member, superintendent, district employee, or school council member — Complaint procedure — Disciplinary action — Rescission of right to establish and powers of council — Wellness policy.

  1. For the purpose of this section:
    1. “Minority” means American Indian; Alaskan native; African-American; Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin; Pacific islander; or other ethnic group underrepresented in the school;
    2. “School” means an elementary or secondary educational institution that is under the administrative control of a principal and is not a program or part of another school. The term “school” does not include district-operated schools that are:
      1. Exclusively vocational-technical, special education, or preschool programs;
      2. Instructional programs operated in institutions or schools outside of the district; or
      3. Alternative schools designed to provide services to at-risk populations with unique needs;
    3. “Teacher” means any person for whom certification is required as a basis of employment in the public schools of the state, with the exception of principals and assistant principals; and
    4. “Parent” means:
      1. A parent, stepparent, or foster parent of a student; or
      2. A person who has legal custody of a student pursuant to a court order and with whom the student resides.
  2. Each local board of education shall adopt a policy for implementing school-based decision making in the district which shall include but not be limited to a description of how the district’s policies, including those developed pursuant to KRS 160.340 , have been amended to allow the professional staff members of a school to be involved in the decision-making process as they work to meet educational goals established in KRS 158.645 and 158.645 1. The policy may include a requirement that each school council make an annual report at a public meeting of the board describing the school’s progress in meeting the educational goals set forth in KRS 158.6451 and district goals established by the board. The policy shall also address and comply with the following:
    1. Except as provided in paragraph (b)2. of this subsection, each participating school shall form a school council composed of two (2) parents, three (3) teachers, and the principal or administrator. The membership of the council may be increased, but it may only be increased proportionately. A parent representative on the council shall not be an employee or a relative of an employee of the school in which that parent serves, nor shall the parent representative be an employee or a relative of an employee in the district administrative offices. A parent representative shall not be a local board member or a board member’s spouse. None of the members shall have a conflict of interest pursuant to KRS Chapter 45A, except the salary paid to district employees;
      1. The teacher representatives shall be elected for one (1) year terms by a majority of the teachers. A teacher elected to a school council shall not be involuntarily transferred during his or her term of office. The parent representatives shall be elected for one (1) year terms. The parent members shall be elected by the parents of students preregistered to attend the school during the term of office in an election conducted by the parent and teacher organization of the school or, if none exists, the largest organization of parents formed for this purpose. A school council, once elected, may adopt a policy setting different terms of office for parent and teacher members subsequently elected. The principal shall be the chair of the school council. (b) 1. The teacher representatives shall be elected for one (1) year terms by a majority of the teachers. A teacher elected to a school council shall not be involuntarily transferred during his or her term of office. The parent representatives shall be elected for one (1) year terms. The parent members shall be elected by the parents of students preregistered to attend the school during the term of office in an election conducted by the parent and teacher organization of the school or, if none exists, the largest organization of parents formed for this purpose. A school council, once elected, may adopt a policy setting different terms of office for parent and teacher members subsequently elected. The principal shall be the chair of the school council.
      2. School councils in schools having eight percent (8%) or more minority students enrolled, as determined by the enrollment on the preceding October 1, shall have at least one (1) minority member. If the council formed under paragraph (a) of this subsection does not have a minority member, the principal, in a timely manner, shall be responsible for carrying out the following:
        1. Organizing a special election to elect an additional member. The principal shall call for nominations and shall notify the parents of the students of the date, time, and location of the election to elect a minority parent to the council by ballot; and
        2. Allowing the teachers in the building to select one (1) minority teacher to serve as a teacher member on the council. If there are no minority teachers who are members of the faculty, an additional teacher member shall be elected by a majority of all teachers. Term limitations shall not apply for a minority teacher member who is the only minority on faculty;
      1. The school council shall have the responsibility to set school policy consistent with district board policy which shall provide an environment to enhance the students’ achievement and help the school meet the goals established by KRS 158.645 and 158.6451 . The principal shall be the primary administrator and the instructional leader of the school, and with the assistance of the total school staff shall administer the policies established by the school council and the local board. (c) 1. The school council shall have the responsibility to set school policy consistent with district board policy which shall provide an environment to enhance the students’ achievement and help the school meet the goals established by KRS 158.645 and 158.6451. The principal shall be the primary administrator and the instructional leader of the school, and with the assistance of the total school staff shall administer the policies established by the school council and the local board.
      2. If a school council establishes committees, it shall adopt a policy to facilitate the participation of interested persons, including, but not limited to, classified employees and parents. The policy shall include the number of committees, their jurisdiction, composition, and the process for membership selection;
    2. The school council and each of its committees shall determine the frequency of and agenda for their meetings. Matters relating to formation of school councils that are not provided for by this section shall be addressed by local board policy;
    3. The meetings of the school council shall be open to the public and all interested persons may attend. However, the exceptions to open meetings provided in KRS 61.810 shall apply;
    4. After receiving notification of the funds available for the school from the local board, the school council shall determine, within the parameters of the total available funds, the number of persons to be employed in each job classification at the school. The council may make personnel decisions on vacancies occurring after the school council is formed but shall not have the authority to recommend transfers or dismissals;
    5. The school council shall determine which textbooks, instructional materials, and student support services shall be provided in the school. Subject to available resources, the local board shall allocate an appropriation to each school that is adequate to meet the school’s needs related to instructional materials and school-based student support services, as determined by the school council. The school council shall consult with the school media librarian on the maintenance of the school library media center, including the purchase of instructional materials, information technology, and equipment;
    6. Personnel decisions at the school level shall be as follows:
      1. From a list of qualified applicants submitted by the local superintendent, the principal at the participating school shall select personnel to fill vacancies, after consultation with the school council, consistent with paragraph (i)11. of this subsection. The superintendent shall provide additional applicants to the principal upon request when qualified applicants are available. The superintendent may forward to the school council the names of qualified applicants who have pending certification from the Education Professional Standards Board based on recent completion of preparation requirements, out-of-state preparation, or alternative routes to certification pursuant to KRS 161.028 and 161.048 . Requests for transfer shall conform to any employer-employee bargained contract which is in effect;
        1. i. If the vacancy to be filled is the position of principal, the outgoing principal shall not serve on the council during the principal selection process. The superintendent or the superintendent’s designee shall serve as the chair of the council for the purpose of the hiring process and shall have voting rights during the selection process. 2. a. i. If the vacancy to be filled is the position of principal, the outgoing principal shall not serve on the council during the principal selection process. The superintendent or the superintendent’s designee shall serve as the chair of the council for the purpose of the hiring process and shall have voting rights during the selection process.
        2. An alternative principal selection process may be used by the school council as follows:
          1. Prior to a meeting called to select a principal, all school council members shall receive informational materials regarding Kentucky open records and open meetings laws and sign a nondisclosure agreement forbidding the sharing of information shared and discussions held in the closed session;
          2. The superintendent shall convene the school council and move into closed session as provided in KRS 61.810 (1)(f) to confidentially recommend a candidate;
          3. The council shall have the option to interview the recommended candidate while in closed session; and
          4. After any discussion, at the conclusion of the closed session, the council shall decide, in a public meeting by majority vote of the membership of the council, whether to accept or reject the recommended principal candidate;
        3. If the recommended candidate is selected, and the recommended candidate accepts the offer, the name of the candidate shall be made public during the next meeting in open session;
          1. If the recommended candidate is not accepted by the school council under subdivision b. of this subparagraph, then the process set forth in subdivision a. of this subparagraph shall apply. d. i. If the recommended candidate is not accepted by the school council under subdivision b. of this subparagraph, then the process set forth in subdivision a. of this subparagraph shall apply.
          2. The confidentially recommended candidate’s name and the discussions of the closed session shall remain confidential under KRS 61.810(1)(f), and any documents used or generated during the closed meeting shall not be subject to an open records request as provided in KRS 61.878(1)(i) and (j).
          3. A recommended candidate who believes a violation of this subdivision has occurred may file a written complaint with the Kentucky Board of Education.
          4. A school council member who is found to have disclosed confidential information regarding the proceeding of the closed session shall be subject to removal from the school council by the Kentucky Board of Education under subsection (9)(e) of this section;
        ii. Except as provided in subdivision b. of this subparagraph, the council shall have access to the applications of all persons certified for the position. The principal shall be elected on a majority vote of the membership of the council. The school council shall receive training in recruitment and interviewing techniques prior to carrying out the process of selecting a principal. The council shall select the trainer to deliver the training;
      2. No principal who has been previously removed from a position in the district for cause may be considered for appointment as principal in that district;
      3. Personnel decisions made at the school level under the authority of subparagraphs 1. and 2. of this paragraph shall be binding on the superintendent who completes the hiring process;
      4. Applicants subsequently employed shall provide evidence that they are certified prior to assuming the duties of a position in accordance with KRS 161.020 ;
      5. Notwithstanding other provisions of this paragraph, if the applicant is the spouse of the superintendent and the applicant meets the service requirements of KRS 160.380(3)(a), the applicant shall only be employed upon the recommendation of the principal and the approval of a majority vote of the school council; and
      6. Beginning June 27, 2019, notwithstanding the requirement that a principal be elected on a majority vote of the council in subparagraph 2. of this paragraph, if the school council is in a county school district in a county with a consolidated local government adopted under KRS Chapter 67C, then the selection of a principal shall be subject to approval by the superintendent. If the superintendent does not approve the principal selected by the council, then the superintendent may select the principal;
    7. The school council shall adopt a policy to be implemented by the principal in the following additional areas:
      1. Determination of curriculum, including needs assessment, curriculum development and responsibilities under KRS 158.6453 (19);
      2. Assignment of all instructional and noninstructional staff time;
      3. Assignment of students to classes and programs within the school;
      4. Determination of the schedule of the school day and week, subject to the beginning and ending times of the school day and school calendar year as established by the local board;
      5. Determination of use of school space during the school day related to improving classroom teaching and learning;
      6. Planning and resolution of issues regarding instructional practices;
      7. Selection and implementation of discipline and classroom management techniques as a part of a comprehensive school safety plan, including responsibilities of the student, parent, teacher, counselor, and principal;
      8. Selection of extracurricular programs and determination of policies relating to student participation based on academic qualifications and attendance requirements, program evaluation, and supervision;
      9. Adoption of an emergency plan as required in KRS 158.162 ;
      10. Procedures, consistent with local school board policy, for determining alignment with state standards, technology utilization, and program appraisal; and
      11. Procedures to assist the council with consultation in the selection of personnel by the principal, including but not limited to meetings, timelines, interviews, review of written applications, and review of references. Procedures shall address situations in which members of the council are not available for consultation; and
    8. Each school council shall annually review data as shown on state and local student assessments required under KRS 158.6453 . The data shall include but not be limited to information on performance levels of all students tested, and information on the performance of students disaggregated by race, gender, disability, and participation in the federal free and reduced price lunch program. After completing the review of data, each school council, with the involvement of parents, faculty, and staff, shall develop and adopt a plan to ensure that each student makes progress toward meeting the goals set forth in KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan to the superintendent and local board of education for review as described in KRS 160.340 . The Kentucky Department of Education shall provide each school council the data needed to complete the review required by this paragraph no later than October 1 of each year. If a school does not have a council, the review shall be completed by the principal with the involvement of parents, faculty, and staff.
  3. The policies adopted by the local board to implement school-based decision making shall also address the following:
    1. School budget and administration, including: discretionary funds; activity and other school funds; funds for maintenance, supplies, and equipment; and procedures for authorizing reimbursement for training and other expenses;
    2. Assessment of individual student progress, including testing and reporting of student progress to students, parents, the school district, the community, and the state;
    3. School improvement plans, including the form and function of strategic planning and its relationship to district planning, as well as the school safety plan and requests for funding from the Center for School Safety under KRS 158.446 ;
    4. Professional development plans developed pursuant to KRS 156.095 ;
    5. Parent, citizen, and community participation including the relationship of the council with other groups;
    6. Cooperation and collaboration within the district, with other districts, and with other public and private agencies;
    7. Requirements for waiver of district policies;
    8. Requirements for record keeping by the school council; and
    9. A process for appealing a decision made by a school council.
  4. In addition to the authority granted to the school council in this section, the local board may grant to the school council any other authority permitted by law. The board shall make available liability insurance coverage for the protection of all members of the school council from liability arising in the course of pursuing their duties as members of the council.
  5. All schools shall implement school-based decision making in accordance with this section and with the policy adopted by the local board pursuant to this section. Upon favorable vote of a majority of the faculty at the school and a majority of at least twenty-five (25) voting parents of students enrolled in the school, a school meeting its goal as determined by the Department of Education pursuant to KRS 158.6455 may apply to the Kentucky Board of Education for exemption from the requirement to implement school-based decision making, and the state board shall grant the exemption. The voting by the parents on the matter of exemption from implementing school-based decision making shall be in an election conducted by the parent and teacher organization of the school or, if none exists, the largest organization of parents formed for this purpose. Notwithstanding the provisions of this section, a local school district shall not be required to implement school-based decision making if the local school district contains only one (1) school.
  6. The Department of Education shall provide professional development activities to assist schools in implementing school-based decision making. School council members elected for the first time shall complete a minimum of six (6) clock hours of training in the process of school-based decision making, no later than thirty (30) days after the beginning of the service year for which they are elected to serve. School council members who have served on a school council at least one (1) year shall complete a minimum of three (3) clock hours of training in the process of school-based decision making no later than one hundred twenty (120) days after the beginning of the service year for which they are elected to serve. Experienced members may participate in the training for new members to fulfill their training requirement. School council training required under this subsection shall be conducted by trainers endorsed by the Department of Education. By November 1 of each year, the principal through the local superintendent shall forward to the Department of Education the names and addresses of each council member and verify that the required training has been completed. School council members elected to fill a vacancy shall complete the applicable training within thirty (30) days of their election.
  7. A school that chooses to have school-based decision making but would like to be exempt from the administrative structure set forth by this section may develop a model for implementing school-based decision making, including but not limited to a description of the membership, organization, duties, and responsibilities of a school council. The school shall submit the model through the local board of education to the commissioner of education and the Kentucky Board of Education, which shall have final authority for approval. The application for approval of the model shall show evidence that it has been developed by representatives of the parents, students, certified personnel, and the administrators of the school and that two-thirds (2/3) of the faculty have agreed to the model.
  8. The Kentucky Board of Education, upon recommendation of the commissioner of education, shall adopt by administrative regulation a formula by which school district funds shall be allocated to each school council. Included in the school council formula shall be an allocation for professional development that is at least sixty-five percent (65%) of the district’s per pupil state allocation for professional development for each student in average daily attendance in the school. The school council shall plan professional development in compliance with requirements specified in KRS 156.095 , except as provided in KRS 158.649 . School councils of small schools shall be encouraged to work with other school councils to maximize professional development opportunities.
    1. No board member, superintendent of schools, district employee, or member of a school council shall intentionally engage in a pattern of practice which is detrimental to the successful implementation of or circumvents the intent of school-based decision making to allow the professional staff members of a school and parents to be involved in the decision making process in working toward meeting the educational goals established in KRS 158.645 and 158.645 1 or to make decisions in areas of policy assigned to a school council pursuant to paragraph (i) of subsection (2) of this section. (9) (a) No board member, superintendent of schools, district employee, or member of a school council shall intentionally engage in a pattern of practice which is detrimental to the successful implementation of or circumvents the intent of school-based decision making to allow the professional staff members of a school and parents to be involved in the decision making process in working toward meeting the educational goals established in KRS 158.645 and 158.6451 or to make decisions in areas of policy assigned to a school council pursuant to paragraph (i) of subsection (2) of this section.
    2. An affected party who believes a violation of this subsection has occurred may file a written complaint with the Office of Education Accountability. The office shall investigate the complaint and resolve the conflict, if possible, or forward the matter to the Kentucky Board of Education.
    3. The Kentucky Board of Education shall conduct a hearing in accordance with KRS Chapter 13B for complaints referred by the Office of Education Accountability.
    4. If the state board determines a violation has occurred, the party shall be subject to reprimand. A second violation of this subsection may be grounds for removing a superintendent, a member of a school council, or school board member from office or grounds for dismissal of an employee for misconduct in office or willful neglect of duty.
    5. Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the state board determines a violation of the confidentiality requirements set forth in subsection (2)(h)2. of this section by a school council member has occurred, the state board shall remove the member from the school council, and the member shall be permanently prohibited from serving on any school council in the district.
  9. Notwithstanding subsections (1) to (9) of this section, a school’s right to establish or maintain a school-based decision making council and the powers, duties, and authority granted to a school council may be rescinded or the school council’s role may be advisory if the commissioner of education or the Kentucky Board of Education takes action under KRS 160.346 .
  10. Each school council of a school containing grades K-5 or any combination thereof, or if there is no school council, the principal, shall develop and implement a wellness policy that includes moderate to vigorous physical activity each day and encourages healthy choices among students. The policy may permit physical activity to be considered part of the instructional day, not to exceed thirty (30) minutes per day, or one hundred and fifty (150) minutes per week. Each school council, or if there is no school council, the principal, shall adopt an assessment tool to determine each child’s level of physical activity on an annual basis. The council or principal may utilize an existing assessment program. The Kentucky Department of Education shall make available a list of available resources to carry out the provisions of this subsection. The department shall report to the Legislative Research Commission no later than November 1 of each year on how the schools are providing physical activity under this subsection and on the types of physical activity being provided. The policy developed by the school council or principal shall comply with provisions required by federal law, state law, or local board policy.
  11. Discretionary authority exercised under subsection (2)(h)2.b. of this section shall not violate provisions of any employer-employee bargained contract existing between the district and its employees.

History. Enact. Acts 1990, ch. 476, Pt. I, § 14, effective July 13, 1990; 1992, ch. 376, § 3, effective July 14, 1992; 1992, ch. 393, § 3, effective July 14, 1992; 1994, ch. 103, § 3, effective July 15, 1994; 1994, ch. 187, § 1, effective July 15, 1994; 1994, ch. 247, § 1, effective July 15, 1994; 1994, ch. 411, § 1, effective July 15, 1994; 1994, ch. 484, § 1, effective July 15, 1994; 1996, ch. 34, § 1, effective July 15, 1996; 1996, ch. 74, § 1, effective July 15, 1996; 1996, ch. 146, § 1, effective July 15, 1996; 1996, ch. 318, § 52, effective July 15, 1996; 1996, ch. 362, §§ 1 and 6, effective July 15, 1996; 1998, ch. 493, § 14, effective April 10, 1998; 1998, ch. 609, § 3, effective July 15, 1998; 2000, ch. 212, § 1, effective July 14, 2000; 2000, ch. 339, § 2, effective July 14, 2000; 2000, ch. 418, § 1, effective July 14, 2000; 2000, ch. 527, § 14, effective July 14, 2000; 2002, ch. 152, § 1, effective July 15, 2002; 2002, ch. 302, § 5, effective July 15, 2002; 2003, ch. 81, § 1, effective June 24, 2003; 2004, ch. 188, § 4, effective July 13, 2004; 2005, ch. 84, § 6, effective June 20, 2005; 2008, ch. 105, § 1, effective July 15, 2008; 2009, ch. 101, § 12, effective March 25, 2009; 2011, ch. 76, § 1, effective June 8, 2011; 2012, ch. 85, § 2, effective July 12, 2012; 2013, ch. 126, § 8, effective June 25, 2013; 2013, ch. 133, § 8, effective June 25, 2013; 2016 ch. 104, § 1, effective July 15, 2016; 2017 ch. 156, § 11, effective April 10, 2017; 2019 ch. 31, § 3, effective June 27, 2019; 2019 ch. 65, § 2, effective June 27, 2019.

Legislative Research Commission Notes.

(6/27/2019). This statute was amended by 2019 Ky. Acts chs. 31 and 65, which do not appear to be in conflict and have been codified together.

(4/10/2017). In codification, the Reviser of Statutes has corrected a manifest clerical or typographical error in subsection(2)(j) of this statute by replacing “November 1” with “October 1” regarding the date that the Department of Education must annually transmit student performance data shown by the state assessment program to each school council. This correction was made to conform with the same change of dates in 2017 Ky. Acts ch. 156, sec. 7, subsec. (2), codified in KRS 158.649 .

(7/15/96). This section was amended by 1996 Ky. Acts chs. 34, 74, 146, 318, and 362. Where these Acts are not in conflict, they have been codified together. A conflict exists between Acts chs. 34 and 362. Under KRS 446.250 , Acts ch. 362, which was last enacted by the General Assembly, prevails.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Intent of Kentucky Educational Reform Act of 1990.
  3. Authority of Local Boards Under KERA of 1990.
  4. Hiring in Local Schools.
  5. Title IX Claims.
1. Constitutionality.

Since the General Assembly has made a strong showing of intent to eradicate nepotism within the school districts of the Commonwealth, this legislation enjoys a strong presumption of constitutionality. Department of Educ. v. Risner, 913 S.W.2d 327, 1996 Ky. LEXIS 2 ( Ky. 1996 ).

Since the school based council is an authoritative body within the local school district, and the restriction in subdivision (2)(a) of this section prohibiting school district employees or their spouses from serving as parent members on the school based councils directly addresses the appearance of nepotism within that body and is clearly related to the goals of the legislature to eradicate nepotism within the school districts of the Commonwealth, they are not unconstitutional as a violation of the equal protection clause of the Fourteenth Amendment. Department of Educ. v. Risner, 913 S.W.2d 327, 1996 Ky. LEXIS 2 ( Ky. 1996 ).

2. Intent of Kentucky Educational Reform Act of 1990.

The essential strategic point of the Kentucky Educational Reform Act (Enact. Acts of 1990, ch. 476) is the decentralization of decision making authority so as to involve all participants in the school system, not limited to, but including school councils and local school boards; affording each the opportunity to contribute actively to the educational process and the provisions set out the structural framework by which this decentralization of decision making authority is to occur. Board of Educ. v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152 ( Ky. 1994 ).

3. Authority of Local Boards Under KERA of 1990.

Each participating group in the common school system had been delegated its own independent sphere of responsibility and the Kentucky Education Reform Act (Enact. Acts 1990, ch. 476) did not delegate to local boards of education the authority to require board approval of council actions. Board of Educ. v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152 ( Ky. 1994 ).

The waiver requirement of KRS 160.345 enables a school council to ask for a deviation from district policy, if it determines that the needs of an individual school would best be met in a manner different than that devised by the local board. The waiver provision is present to enable flexibility, not to indicate approval authority by the board over council policy development. Board of Educ. v. Bushee, 889 S.W.2d 809, 1994 Ky. LEXIS 152 ( Ky. 1994 ).

Because the authority provided under KRS 160.345(2)(c)(1) was reasonable and legitimate, the dress code adopted by a middle school did not violate the student’s right under Ky. Const., § 2 to be free from arbitrary and capricious state action. Blau v. Fort Thomas Pub. Sch. Dist., 401 F.3d 381, 2005 FED App. 0058P, 2005 U.S. App. LEXIS 1969 (6th Cir. Ky. 2005 ).

In a teacher’s employment dispute with a school board, it was error to reverse summary judgment granted to individual members of a school’s site-based decision making council (SBDMC) by finding a fact issue as to whether the members were entitled to official immunity because whether the members complied with a ministerial duty to adopt a curriculum was not material to the SBDMC’s decision to adopt one course instead of another, where neither course was mandated by law, resulting in the teacher’s loss of employment. Knott County Bd. of Educ. v. Patton, 415 S.W.3d 51, 2013 Ky. LEXIS 636 ( Ky. 2013 ).

4. Hiring in Local Schools.

Since passage of the Kentucky Education Reform Act, the local school has stopped its direct involvement in hiring school personnel, the school principal has the responsibility, after consulting with the school council, of hiring school personnel from a list of applicants submitted by the superintendent. Yanero v. Davis, 65 S.W.3d 510, 2001 Ky. LEXIS 203 ( Ky. 2001 ).

Trial court erred in interpreting KRS 160.345(2)(h), which would have allowed a superintendent to manipulate the system by recommending with impunity only one (1) applicant out of ten (10) or twelve (12) of those seeking an open principal’s position and refusing to provide more, in effect forcing the council to select his choice; such was contrary to the Legislature’s intent to create a decentralized decision-making authority that so long as the applicants possessed the qualifications as required by statute, they must be provided to the decision-making authority for its consideration in selection of a principal. Robinson v. Back, 2003 Ky. App. LEXIS 104 (Ky. Ct. App. May 16, 2003), aff'd, 139 S.W.3d 895, 2004 Ky. LEXIS 87 ( Ky. 2004 ).

Only reading of KRS 160.345(2)(h) that is in line with the Kentucky Education Reform Act’s stated goals of decentralization and shared decision-making authority is one by which the school council holds ultimate authority in selecting the school’s principal; thus, “qualified,” as used in the last sentence of KRS 160.345(2)(h) means that, upon the request of the school council, the local superintendent is required to forward all remaining applications that meet statutory requirements for the position. Young v. Hammond, 139 S.W.3d 895, 2004 Ky. LEXIS 87 ( Ky. 2004 ).

In a rejected applicant’s action alleging gender discrimination and a violation of KRS 160.345(2)(h), summary judgment in favor of the local school superintendent was properly reversed because he acted contrary to the requirements of KRS 160.345(2)(h) when he refused to forward the applicant’s application for the position of principal to the local school board, even though they requested the applications for all “qualified” candidates, and because she had established a prima facie case for gender discrimination in light of the court’s holding that KRS 160.345(2)(h) did not require a recommendation from the superintendent to be a “qualified” candidate. Young v. Hammond, 139 S.W.3d 895, 2004 Ky. LEXIS 87 ( Ky. 2004 ).

In a civil rights suit brought under 42 USCS § 1983 and Kentucky law and asserting that a teacher was not rehired because of her union activities, where pursuant to KRS 160.345(2)(h), a school superintendent’s only participation in hiring decisions by the schools was that the superintendent forwarded a list of applicants to the schools, and there was no evidence that the superintendent failed to include the teacher’s name on the lists for the positions for which she applied, the teacher failed to establish the causation element of some of her First Amendment retaliation claims; hearsay evidence that a different individual had told the schools not to hire the teacher did not connect the superintendent to the challenged hiring decisions. Smith v. Floyd County Bd. of Educ., 401 F. Supp. 2d 789, 2005 U.S. Dist. LEXIS 29220 (E.D. Ky. 2005 ).

5. Title IX Claims.

Plaintiff’s Title IX claim against a school board, based on a teacher’s alleged sexual abuse of her child, survived summary judgment because there was a disputed fact issue as to whether the actions of a principal and superintedant — “appropriate persons” to receive notice under Title IX — were clearly unreasonable in light of the known circumstances such that they acted with deliberate indifference to known acts of harassment. 2014 U.S. Dist. LEXIS 37823.

Opinions of Attorney General.

“Relative” as used in this section should have the same definition as “relative” in KRS 160.380(1)(a), as meaning “father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, and daughter-in-law.” OAG 90-102 .

Administrative opposition to the implementation of School Based Decision Making (SBDM) decisions should be easily circumvented since each SBDM council will include the school’s lead administrator who will have the same input that the faculty members and parents have on the council and therefore, any administrative opposition that exists will be a part of the council’s decision-making process and any decision the council reaches should represent a concensus of the entire school community. OAG 91-24 .

If there is school board opposition to school based decision making (SBDM) the SBDM council could seek assistance from the Office of Education Accountability and if they cannot assist the council, then legal action should be considered to force the school board to comply with this section. OAG 91-24 .

It was proper for faculty to vote to enter School Based Decision Making (SBDM) before the 1-1-91 date by which the school board must have in place a policy implementing SBDM, for the SBDM statute specifically allows early entry into school-based decision making. OAG 91-24 .

Since subdivision (2)(g) (now (2)(f)) of this section expressly prohibits the council from having authority to recommend transfers or dismissals, that responsibility remains part of the principal’s duties and according to subdivision (2)(i) (now (2)(h)) of this section, those decisions are binding on the superintendent. Therefore in a school where there are two physical education teachers, and one will suffice, it is the principal (not the council) who has the authority to move a teacher to a classroom teacher position, as needed, assuming that the physical education teacher is certified for the other position and in the same manner, the principal, not the council, who may transfer one of two librarians, as needed, to another position within the same school so long as the librarian is certified for that position. OAG 91-115 .

“Transfer” as used in this section encompasses both movement from one position to another within a school as well as movement from a position in one school to a position in another school. OAG 91-115 .

Assuming that a school council exists, KRS 160.380(2)(a), which gives the authority and responsibility for all appointments and promotions of teachers and other public school employees to the superintendent, is qualified by subsection (2)(g) and (i) (now (2)(f) and (2)(h)) of this section to the extent that the superintendent recommends applicants to a particular school and the principal fills the vacancies after consultation with the school council. Therefore, when an initial assignment or the filling of a vacancy is involved, the principal and council make personnel decisions upon receiving the list of recommended applicants from the superintendent. OAG 91-122 .

In case of requests for transfer, subdivision (2)(g) (now (2)(f)) of this section clearly specifies that the school council has no authority to make recommendations to either the principal or superintendent in such matters. OAG 91-122 .

The school council does not have authority, unilaterally, to create and abolish positions or to set compensation for the school as a whole. Once the school council learns of available funding and the number of positions available for the school from the board, then the council may determine the number of individuals to be employed in each job class. It remains the responsibility of the local board of education, to establish the overall number of positions and to set the compensation of employees. If this were not the case, staffing and salaries from school to school could lack consistency with drastic effects on the district budget. OAG 91-122 .

Authority concerning the use of all tobacco products by employees, students and visitors in school buildings, on school grounds or on field trips rests with the local board of education, not with superintendents and principals, unless that authority is delegated to them by the board. OAG 91-137 .

KRS 438.050 does not grant authority to superintendents or principals beyond that authority granted to those officials by the Board; and, as currently written, does not forbid smoking of tobacco products at outdoor athletic events, depending on what smoking areas are to be designated in the schools. OAG 91-137 .

A potential conflict of interest exists between the requirements of KRS 160.180(3) for members of boards of education concerning influence in hiring school employees, and the duties authorized by subsections (2)(g) and (i) (now (2)(f) and (2)(h)) of this section for members of site-based councils; KRS 160.180(3) expressly prohibits a member of a board of education from having any influence on hiring of school personnel, while subsections (2)(g) and (i) (now (2)(f) and (2)(h)) of this section give members of the council authority to recommend candidates to the principal to be hired. OAG 91-148 .

Even if a board member, who was also a council member, were to disqualify himself, while serving on the council, from engaging in any consideration of applicants or from voting on recommended applicants for school district positions, thereby eliminating potential conflicts over hiring issues, other potential conflicts could develop since the board sets policies for the councils of the district on areas in which the interests of the board may differ from the interests of the councils. OAG 91-148 .

If a school board member is elected to a site-based decision making council, the provisions of KRS 160.180 and this section create potential statutory conflicts of interest should that board member attempt to carry out the duties of both positions with regard to hiring decisions. OAG 91-148 .

Members of school councils are not entitled to receive compensation for their services to the school at this time because funds have not been appropriated by the General Assembly. OAG 91-192 .

Subsections (2)(c) and (2)(j)5 (now (2)(i)(5)) of this section do not authorize a school council to create a parking lot on their school campus through private funding because the local school board has the responsibility to initiate construction. OAG 91-215 .

Within broad parameters set by the local school board on school property, subsection (2)(j)5 (now (2)(i)(5)) of this section provides the council with the authority to set policies on the use of school property outside of the school as well as inside of the school during the school day; therefore, a school council may set limits concerning use of a school parking lot where staff members park their vehicles, and where school children are dropped off, e.g., to ensure the safety of children. OAG 91-215 .

Whether parents may participate on school-based decision making council committees is a matter to be addressed by local school board policy. OAG 92-57 .

A superintendent may not transfer a principal from school A to school B without school council approval, when both schools are operating under the governance of a council; under this section, the superintendent makes recommendations to school B when the principal retires and once that position is filled by the council, and finalized by the superintendent, if another vacancy exists for a principal in school A, then the superintendent repeats the process. OAG 92-78 .

As of July 14, 1992, parent representatives who are elected after the effective date of House Bill 182 (Acts 1992, ch. 376) shall be eligible to serve on a school council so long as they are neither employed by the school district, nor related to employees of the school district; parent representatives who are elected prior to the effective date of the act must meet the requirements in effect at the time that they begin to serve. OAG 92-88 .

The office of the Attorney General opined that House Bill 182 (Acts 1992, ch. 376) operates prospectively to require that parent representatives who are elected after the act becomes effective (July 14, 1992), shall comply with the eligibility criteria imposed by House Bill 182; therefore, parent representatives who are elected prior to July 14, 1992, need not resign due to the change in eligibility criteria. OAG 92-88 .

Consultation, as used in this section, has only that meaning applied through customary usage, i.e., to seek, advice. Therefore, the principal retains final hiring authority. OAG 92-131 .

In view of the fact that the statute clearly gives to the superintendent the power to make recommendations to the principal for his consideration, upon consultation of the principal with the council, the council has a right to see applications and accompanying materials on applicants who have been recommended, but not on applicants who have not been recommended by the superintendent. OAG 92-131 .

It is impermissible for the council to interview applicants who have not been recommended by the superintendent. Whether the council may interview recommended applicants is a matter to be negotiated between the council and the principal. OAG 92-131 .

The spouse of a tenured certified employee who is on leave from the County School System may not serve as a parent member of a School Based Decision Making Council in the County School System school. OAG 92-157 .

The school council anti-nepotism clause in subsection (2)(a) of this section is an attempt by the General Assembly to rid Kentucky schools of conflicts of interests and favoritism. OAG 92-157 .

A local school district or a school would be ill-advised to adopt a policy determining that parent members of a committee formed pursuant to subdivision (2)(d) of this section are “school officials” and entitled to access of confidential student records. The danger in enacting so broad a policy interpreting “school officials” is that the intent of the Family Educational Rights and Privacy Act (FERPA) will be disregarded. Additionally, a school could lose its federal funding if a violation of FERPA has occurred. OAG 93-5 .

Because of the risk in allowing unauthorized persons to review confidential student records, the best policy is to strictly interpret the “school officials” exception to the Federal Education Records Privacy Act (FERPA) and not include parent members of school councils in the definition of “school officials” for purposes of 20 USCS § 1232g(b)(1)(A). OAG 93-35 .

Before any confidential student’s records may be released to the members of the school council, the local school district or school must adopt a policy as required by Family Educational Rights and Privacy Act (FERPA) finding that the administrator or principal, teacher and parent members of a school-based decision making council are “school officials” pursuant to 20 USCS § 1232g(b)(1)(A). The policy must also define the “legitimate educational interests” of the school council members. 34 CFR 99.6(a)(4). OAG 93-5 .

In order to achieve the educational goals envisioned by the Kentucky Education Reform Act (KERA) the school council must be intricately aware of the grades, test scores and special needs of the students attending the school; therefore, in order to carry out their statutory duties, all of the members of a school based decision making council may be considered “school officials” for purposes of the Family Educational Rights and Privacy Act (FERPA), 20 USCS § 1232g. OAG 93-5 .

Any board policy relating to the initial vote to enter SBDM must offer the faculty a reasonable opportunity to vote. OAG 93-31 .

If a local board in a single-school district elects to implement SBDM this decision controls over the vote of the school staff. OAG 93-31 .

If a school’s staff votes to enter SBDM in October, but board policy states that school council terms run from July to June, the school does not need to wait nine months to implement SBDM. Rather, the school should be given a brief time to permit elections and training before allowing the school council to begin its tenure. This delay should not exceed a couple of months. OAG 93-31 .

It is consistent with the goals of KERA for a superintendent to receive input from a council-elect prior to selecting a principal for its school in the event there is a vacancy in the spring before council members’ terms officially begin. However, the final decision will remain with the superintendent. OAG 93-31 .

The decision of the local board of education in a single-school district not to implement SBDM controls over the school’s desires to enter SBDM. OAG 93-31 .

The exemption in subsection (5) of this section for single-school districts from SBDM will continue to apply until the statute is amended or repealed. OAG 93-31 .

The local board may reject a school council’s policy on corporal punishment if the local school board has a policy banning corporal punishment based on concerns for liability or concerns for health and safety. OAG 93-31 .

A teacher may cast a vote for the teacher representatives at his or her school and also cast a vote for the parent representatives at another school where his or her child is enrolled. Additionally, if the teacher has been assigned to the same school where his or her child is enrolled then the teacher may vote for the teacher representatives and the parent representatives. OAG 93-49 .

Although there is no statutory nepotism prohibition in Kentucky Education Reform Act (KERA) prohibiting a School Based Decision Making Council member from participating in the selection of the principal when the member’s son has applied for the principal position, allowing a school council member to cast a vote to select her son as principal violates the spirit of KERA and has the appearance of impropriety. OAG 93-50 .

Pursuant to subsection (7) of this section, a school may apply to be exempt from the school-based decision making (SBDM) administrative structure to allow the SBDM council to elect any member as a chair by submitting an administrative model through the appropriate channels to the Chief State School Officer and the State Board for Elementary and Secondary Education. OAG 93-52 .

The correct interpretation of subdivision (2)(j) (now (2)(i)) of this section is that school councils have authority to set policy regarding the assignment of all instructional and non-instructional staff time and the principal is authorized to administer the policy and to make assignments as to individual staff members. OAG 93-55 .

A local school board does not have the authority to to adopt a policy requiring school councils to have committees; however, individual school councils have the discretion to form committees. OAG 94-8 .

While a local school board may not require a school council to form committees, if committees are formed at the discretion of the council, this section authorizes the local school board to adopt policies requiring parental representation on school council committees. OAG 94-8 .

While local school boards cannot require school councils to have committees, if councils at their discretion have committees, the school board had the statutory authority to enact a policy requiring the school council to allow parents to serve on committees; however, a school board could not enact a policy precluding any parents from serving on school council committees. OAG 94-8 .

School council committees are advisory bodies created by Kentucky Education Reform Act, therefore, school council committees must be formed consistent with KRS 156.500 , which requires reasonable minority representation on the committees. OAG 94-8 .

This section authorizes a local school board to require that proposed SBDM policies be timely reviewed by legal counsel and a Central Office Adminstrator prior to implementation for consistency with state or federal law, concerns for health and safety, concerns for liability, available financial resources or contractual obligations. OAG 94-29 .

When the amendment to this section by 1994, Ch. 484, § 1 became effective on July 15, 1994, any schools having eight percent or more minority students enrolled and having school councils which did not have minority members on that date, were required to immediately have a special election to elect a minority parent and a minority teacher to the school council, even if the first regular election after July 15, 1994 was not until some time later. OAG 94-41 .

Although schools are not required to implement school-based decision making (SBDM) until 1996, once the decision to implement SBDM is made then the schools or school district is bound by the dictates of this section. Accordingly, the school district must follow the statutory method of opting out of SBDM as allowed pursuant to subsection (5) of this section and may not enact a policy allowing for repeal of SBDM in a method not contemplated by statute. OAG 94-51 .

Proposed school council plan to allow all parents, and not just the parents of minority students, to participate in special minority representative election did not comply with subdivision (2)(b) of this section. OAG 94-60 .

School council plan to hold a special minority election, if necessary, on the same night as and immediately following the regular election did not comply with subdivision (2)(b) of this section since the election would not be held in a “timely manner” and proper notice would not be given to all minority parents and parents of minority students regarding the special election. OAG 94-60 .

Subdivision (2)(b) of this section which limits participation in the election of the minority representative to minority parents only (rather than permitting all parents — minority and non-minority) to vote is not unconstitutional. OAG 94-60 .

“Qualified applicants” referred to in subsection (2) of this section means all persons who meet all qualifications set forth by statute, regulations, and school board policies. OAG 95-10 .

Under this section, if a school seeking to fill personnel vacancies continues to request more names of qualified applicants from the superintendent, then it must be provided with all available applications which conform to minimum statutory, regulatory and board policy requirements and the superintendent is not allowed to withhold applicants from consideration by the school based on his or her subjective considerations; which does not mean that the superintendent is denied the opportunity to render subjective comments and recommendations, but that the superintendent must eventually give the school all applications which meet the minimum legal qualifications and comply with legitimate school board policies. OAG 95-10 .

School council has the authority to determine the school curriculum and to make corresponding decisions as to the number of personnel in each job classification necessary to implement its policies. While this may result in the transfer of an employee, it is not the recommendation of such by the council, and thus is not a violation of the statutory prohibition against a school council recommending transfers or dismissals. Such recommendations and decisions, which have a district-wide impact, are still in the purview of the local school board and superintendent. OAG 96-38 .

The Office of Education Accountability cannot prosecute a case to have an executive branch employee disciplined or removed for violation of subsection (9)(a). OAG 02-4 .

In both KRS 160.345 hearings and KRS 156.132 hearings, the role of the Commissioner of Education in the hearings is authorized not by those statutes, but by the grant of authority vested in the commissioner as the executive and administrative officer of the Board of Education by KRS 156.148(3). OAG 02-4 .

HB 176 (2010, ch. 1) does not specify a mechanism by which retention decisions must be made. HB 176 does not prohibit the superintendent from developing a collaborative model that involves a committee making a recommendation on retention decisions. Parties to a teacher collective bargaining agreement may collaborate and otherwise agree to apply provisions of the collective bargaining agreement as long as those agreements do not violate the express provisions of HB 176. OAG 12-003 , 2012 Ky. AG LEXIS 47.

An underrepresented ethnic group in a school is an ethnic group whose representation is not fair and reasonable in proportion to the number of such students in the school. Eligibility to serve as the minority member on a school council is determined by the parent’s status and not the child’s. OAG 12-011 , 2012 Ky. AG LEXIS 131.

Whatever the status of the ballots when the parents cast their votes at the PTA election, once they were conveyed to the school they became public records because they were “in the possession of or retained by a public agency.” The record does not support the school’s position that it lacked custody or control of the parent election records. Nothing in KRS 160.345(2)(b)1. addresses the disposition of open records requests for records generated in the course of a PTA election or in any way vests exclusive custody and control of parent election records in the PTA. OAG 01-ORD-94.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (6) at 871.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (5) at 1060.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, C, 3, (13) at 1061.

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

Kirby, School-Based Decision Making, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 15.

Young, Who’s the Boss?, Vol. 59, No. 4, Fall 1995, Ky. Bench & Bar 10.

Education Law: Hiring and Termination Issues, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 17.

Owsley, Education Law: Why Can’t I Wear That? Student Clothing and Free Speech, Vol. 72, No. 6, November 2008, Ky. Bench & Bar 14.

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

160.346. Definitions — Targeted and comprehensive support and improvement — Revised plans — Turnaround audit — Review and report — Intervention process — Reimbursement of district — Report required — Exit criteria — Schools requiring rigorous support and action — District with significant number of targeted schools — Evidence of violation — Restoration of school’s right to establish council.

  1. For purposes of this section:
    1. “Approved turnaround vendor list” means a list of at least three (3) vendors pre-approved by the Kentucky Board of Education for the purposes of subsection (8) of this section that have documented success at providing turnaround diagnosis, training, and improved performance of organizations;
    2. “Department” means the Kentucky Department of Education;
    3. “ESSA” means the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor;
    4. “Level” means elementary, middle, or high school;
    5. “Turnaround” means a comprehensive transformation of a school to achieve accelerated, meaningful, and sustainable increases in student achievement through improved school leadership and school district support;
    6. “Turnaround plan” means a mandatory school plan that is designed to improve student learning and performance with evidence-based interventions as defined in ESSA and that is developed and implemented by the local school district in partnership with stakeholders, including the principal, other school leaders, teachers, and parents; and
    7. “Turnaround team” means the turnaround training and support team described in subsection (8) (a) of this section.
    1. Beginning with the 2020-2021 school year, and annually thereafter, the department shall identify a school for targeted support and improvement if the school has one (1) or more of the same subgroups, as defined by ESSA, whose performance in the state accountability system by level is at or below that of all students in any of the lowest-performing five percent (5%) of all schools for three (3) consecutive years. (2) (a) Beginning with the 2020-2021 school year, and annually thereafter, the department shall identify a school for targeted support and improvement if the school has one (1) or more of the same subgroups, as defined by ESSA, whose performance in the state accountability system by level is at or below that of all students in any of the lowest-performing five percent (5%) of all schools for three (3) consecutive years.
    2. Beginning with the 2021-2022 school year, and every three (3) years thereafter, the department shall identify a school for additional targeted support and improvement if the school has one (1) or more subgroups, as defined by ESSA, whose performance in the state accountability system by level is at or below the summative performance of all students in any of the lowest-performing five percent (5%) of all schools identified under subsection (3)(a) of this section and the school was identified in the immediately preceding year for targeted support and improvement as described in paragraph (a) of this subsection.
  2. Beginning with the 2021-2022 school year, and every three (3) years thereafter, a school shall be identified by the department for comprehensive support and improvement if the school is:
    1. In the lowest-performing five percent (5%) of all schools in its level based on the school’s performance in the state accountability system;
    2. A high school with a four (4) year cohort graduation rate that is less than eighty percent (80%); or
    3. Identified by the department for additional targeted support and improvement under subsection (2)(b) of this section and fails to exit additional targeted support and improvement status based on criteria established under subsection (11) of this section.
    1. When a school is identified for targeted support and improvement under subsection (2)(a) of this section, the local school personnel, working with stakeholders, including the principal, other school leaders, teachers, and parents, shall revise its school improvement plan, which shall be subject to review and approval by the local board of education. (4) (a) When a school is identified for targeted support and improvement under subsection (2)(a) of this section, the local school personnel, working with stakeholders, including the principal, other school leaders, teachers, and parents, shall revise its school improvement plan, which shall be subject to review and approval by the local board of education.
    2. Each revised plan shall be informed by all available indicators, including student performance compared to long-term goals, and shall include:
      1. Components of turnaround leadership development and support;
      2. Identification of critical resource inequities;
      3. Evidence-based interventions; and
      4. Additional actions that address the causes of consistently underperforming subgroups of students.
    3. If adequate performance progress, as defined by the department, is not made, the local school district shall take additional action to assist and support the school in reaching performance goals.
  3. When a school is identified for additional targeted support and improvement under subsection (2)(b) of this section, the local school district shall take more rigorous district-determined action to assist and support the school in reaching performance goals.
    1. When a school is identified for comprehensive support and improvement, an audit shall be performed by the department to diagnose the causes of the school’s low performance. (6) (a) When a school is identified for comprehensive support and improvement, an audit shall be performed by the department to diagnose the causes of the school’s low performance.
    2. The audit conducted under this subsection shall be the only comprehensive audit required for a school unless the school fails to exit comprehensive support and improvement status as described in subsection (11) of this section or exits comprehensive support and improvement status but subsequently repeats as a school identified for comprehensive support and improvement.
    1. The audit conducted by the department under subsection (6) of this section shall include: (7) (a) The audit conducted by the department under subsection (6) of this section shall include:
      1. A diagnosis of the causes of the school’s low performance, with an emphasis on underperforming subgroups of students and corresponding critical resource inequities;
      2. An assessment and recommendation to the superintendent regarding the best strategies to address the school’s specific needs;
      3. An assessment of the interaction and relationship among the superintendent, central office personnel, and the school principal;
      4. A recommendation of the steps the school may implement to launch and sustain a turnaround process; and
      5. A recommendation to the local board of education of the turnaround principles and strategies necessary for the superintendent to assist the school with turnaround.
    2. The report of an audit conducted under this subsection shall be provided to the superintendent, local board of education, school principal, commissioner of education, and the Kentucky Board of Education.
  4. After completion of the audit described in subsection (7) of this section, each school identified for comprehensive support and improvement shall engage in the following turnaround intervention process:
    1. The local board of education shall select a vendor from the approved turnaround vendor list to provide a turnaround training and support team to the school identified for comprehensive support and improvement. The local board of education shall negotiate the scope and duration of the vendor’s services;
    2. The authority of the school council granted under KRS 160.345 shall be transferred to the superintendent;
    3. The superintendent shall select a principal for the school if a principal vacancy occurs. The superintendent shall consult with the turnaround team, parents, certified staff, and classified staff before appointing a principal replacement;
    4. Upon recommendation of the principal, the superintendent may reassign certified staff members to a comparable position in the school district;
    5. The superintendent shall collaborate with the turnaround team to design ongoing turnaround training and support for the principal and a corresponding monitoring system of effectiveness and student achievement results;
    6. The principal shall collaborate with the turnaround team to establish an advisory leadership team representing school stakeholders including other school leaders, teachers, and parents;
      1. In consultation with the department, the local school board shall collaborate with the superintendent, principal, turnaround team, and the advisory leadership team to propose a three (3) year turnaround plan. (g) 1. In consultation with the department, the local school board shall collaborate with the superintendent, principal, turnaround team, and the advisory leadership team to propose a three (3) year turnaround plan.
      2. The turnaround plan shall include requests to the department for exemptions from submitting documentation that are identified by the principal, advisory leadership team, and turnaround team as inhibitors to investing time in innovative instruction and accelerated student achievement of diverse learners including ongoing staff instructional plans, student interventions, formative assessment results, or staff effectiveness processes.
      3. The turnaround plan shall be reviewed for approval by the superintendent and the local board of education and shall be subject to review, approval, monitoring, and periodic review by the department as described in KRS 158.782 ;
    7. The school district may request technical assistance from the department for development and implementation of the turnaround plan, which may include conducting needs assessments, selecting evidence-based interventions, and reviewing and addressing resource inequities;
    8. The turnaround plan shall be fully implemented by the first full day of the school year following the school year the school was identified for comprehensive support and improvement; and
    9. The superintendent shall periodically report to the local school board, and at least annually to the commissioner of education, on the implementation and results of the turnaround plan.
  5. The department shall annually disburse funds to a school district, for a maximum of three (3) years, to assist with funding the turnaround vendor costs incurred by the district under subsection (8) of this section. The Kentucky Board of Education shall promulgate administrative regulations on how the disbursement amounts shall be determined, which shall be based on the department’s past practice for determining allocations for school improvement.
  6. Beginning in 2023, the department shall submit an annual report no later than November 30 to the Interim Joint Committee on Education relating to the turnaround vendor selected by each school under subsection (8) of this section. The report shall include but not be limited to each school’s accountability system performance since utilizing the services of the turnaround vendor, the cost of using the vendor, and any other information helpful in evaluating the performance of the turnaround vendor.
  7. The Kentucky Board of Education shall establish annual statewide exit criteria for schools identified for targeted support and improvement, additional targeted support and improvement, and comprehensive support and improvement.
  8. If a school enters comprehensive support and improvement status and does not make any annual improvement, as determined by the department, for two (2) consecutive years, or if the school does not exit the status after three (3) years, the school shall enter a school intervention process chosen by the commissioner of education that provides more rigorous support and action by the department to improve the school’s performance.
  9. For school districts that include a significant number of schools, as determined by the department, identified for targeted support and improvement:
    1. The department shall periodically review a local board’s resource allocations to support school improvement and provide technical assistance to the local school board; and
    2. The department may provide a recommended list of turnaround or school intervention providers that have demonstrated success implementing evidence-based strategies.
  10. If, in the course of a school audit, the audit team identifies information suggesting that a violation of KRS 160.345(9)(a) may have occurred, the commissioner of education shall forward the evidence to the Office of Education Accountability for investigation.
  11. A school’s right to establish a council granted under KRS 160.345 may be restored by the local board of education two (2) years after the school exits comprehensive support and improvement status.

History. Enact. Acts 2004, ch. 188, § 1, effective July 13, 2004; 2010, ch. 1, § 1, effective January 14, 2010; 2012, ch. 61, § 2, effective July 12, 2012; 2017 ch. 156, § 12, effective April 10, 2017; 2019 ch. 199, § 3, effective June 27, 2019; 2020 ch. 112, § 2, effective July 15, 2020.

160.347. Removal of school council member.

A member of a school council may be removed from the council for cause, after an opportunity for hearing before the local board, by a vote of four-fifths (4/5) of the membership of a board of education after the recommendation of the chief state school officer pursuant to KRS 156.132 . Written notices setting out the charges for removal shall be spread on the minutes of the board and given to the member of the school council.

History. Enact. Acts 1994, ch. 103, § 2, effective July 15, 1994.

160.348. Advanced placement, International Baccalaureate, dual enrollment, and dual credit courses.

    1. The Kentucky Department of Education shall make available to middle and high schools information concerning the prerequisite content necessary for success in secondary courses, Advanced Placement or AP courses, and International Baccalaureate or IB courses. The department shall provide sample syllabi, instructional resources, and instructional supports for teachers that will assist in preparing students for more rigorous coursework. Instructional supports shall include professional development for assisting students enrolled in the Kentucky Virtual High School or other virtual learning settings. (1) (a) The Kentucky Department of Education shall make available to middle and high schools information concerning the prerequisite content necessary for success in secondary courses, Advanced Placement or AP courses, and International Baccalaureate or IB courses. The department shall provide sample syllabi, instructional resources, and instructional supports for teachers that will assist in preparing students for more rigorous coursework. Instructional supports shall include professional development for assisting students enrolled in the Kentucky Virtual High School or other virtual learning settings.
    2. Each secondary school-based decision making council shall offer a core curriculum of AP, IB, dual enrollment, or dual credit courses, using either or both on-site instruction or electronic instruction through the Kentucky Virtual High School or other on-line alternatives. In addition, each school-based decision making council shall comply with any additional requirements for AP, IB, dual enrollment, and dual credit courses that may be established cooperatively by the Kentucky Department of Education, the Education Professional Standards Board, and the Council on Postsecondary Education in accordance with the definitions in KRS 158.007 .
  1. Each secondary school-based decision making council shall establish a policy on the recruitment and assignment of students to AP, IB, dual enrollment, and dual credit courses that recognizes that all students have the right to participate in a rigorous and academically challenging curriculum. All students who are willing to accept the challenge of a rigorous academic curriculum shall be admitted to AP courses, including AP courses offered through the Kentucky Virtual High School and accepted for credit toward graduation under KRS 158.622(3)(a), IB courses, dual enrollment courses, and dual credit courses, if they have successfully completed the prerequisite coursework or have otherwise demonstrated mastery of the prerequisite content knowledge and skills as determined by measurable standards. If a school does not offer an AP course in a particular subject area, the school shall permit a qualified student to enroll in the AP course offered by the Kentucky Virtual High School and receive credit toward graduation under KRS 158.622(3)(a).
  2. Effective with the 2008-2009 school year and thereafter, students enrolled in AP or IB courses in the public schools shall have the cost of the examinations paid by the Kentucky Department of Education.

History. Enact. Acts 2002, ch. 97, § 3, effective July 15, 2002; 2008, ch. 134, § 18, effective July 15, 2008.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 2, (5) at 870.

District Officers and Employees

160.350. Superintendent of schools — Appointment — Term — Vacancy — Qualifications — Removal — Contract extension.

  1. After considering the recommendations of a screening committee, as provided in KRS 160.352 , each board of education shall appoint a superintendent of schools whose term of office shall begin on July 1, following the individual’s appointment. The appointment may be for a term of no more than four (4) years. In the event a vacancy occurs in the office of superintendent prior to the expiration of the term set by the board, the term shall expire on the date the vacancy occurs. Therefore, the board may appoint a superintendent for a new term as provided in this subsection, which shall begin on the date of the superintendent’s appointment, except when the vacancy occurs after a school board election and before the newly elected members take office. When a vacancy occurs during this period, the position shall not be filled until the new members take office, but the board may appoint an acting superintendent to serve a term not to exceed six (6) months. This appointment may be renewed once for a period not to exceed three (3) months. If a vacancy occurs, a local board may also appoint an acting superintendent during the period the screening committee pursuant to KRS 160.352 conducts its business and prior to the actual appointment of the new superintendent. No superintendent shall resign during a term and accept a new term from the same board of education prior to the expiration date of the present term. In the case of a vacancy in the office for an unexpired term, the board of education shall make the appointment so that the term will end on June 30. The board shall set the salary of the superintendent to be paid in regular installments.
  2. An individual shall not assume the duties of superintendent in a district until he or she provides the board of education with a copy of a certificate for school superintendent issued by the Education Professional Standards Board or its legal predecessor. A superintendent shall hold a valid certificate throughout the period of employment. A superintendent shall successfully complete the training program and assessment center process within two (2) years of assuming the duties of superintendent. A superintendent shall not serve as director or officer of a bank, trust company, or savings or loan association that has the school district’s funds on deposit. Following appointment, the superintendent shall establish residency in Kentucky.
  3. A superintendent of schools may be removed for cause by a vote of four-fifths (4/5) of the membership of a board of education and upon approval by the commissioner of education. However, if the dismissal of the superintendent has been recommended by a highly skilled certified educator pursuant to KRS 158.6455 and the action is approved by the commissioner of education, the board shall terminate the superintendent’s contract. Written notice setting out the charges for removal shall be spread on the minutes of the board and given to the superintendent. The board shall seek approval by the commissioner of education for removing the superintendent. The commissioner of education shall investigate the accuracy of the charges made, evaluate the superintendent’s overall performance during the superintendent’s appointment, and consider the educational performance of the students in the district. Within thirty (30) days of notification, the commissioner of education shall either approve or reject the board’s request.
  4. After the completion of a superintendent’s first contract or after four (4) years, whichever comes last, the board of education may, no later than June 30, extend the contract of the superintendent for one (1) additional year beyond the current term of employment.

History. 4399-34; amend. Acts 1942, ch. 113, § 13; 1966, ch. 89, § 9; 1984, ch. 246, § 1, effective July 13, 1984; 1988, ch. 34, § 3, effective July 15, 1988; 1990, ch. 476, § 75, effective July 13, 1990; 1992, ch. 170, § 3, effective July 14, 1992; 1994, ch. 14, § 2, effective February 17, 1994; 1996, ch. 349, § 2, effective July 15, 1996; 1998, ch. 77, § 1, effective July 15, 1998; 1998, ch. 598, § 18, effective April 14, 1998; 2000, ch. 470, § 1, effective July 14, 2000; 2004, ch. 117, § 1, effective July 13, 2004; 2014, ch. 77, § 2, effective April 10, 2014.

NOTES TO DECISIONS

  1. Nature of Offices.
  2. Compatibility of Offices.
  3. Appointment.
  4. — Time.
  5. — Validity.
  6. — Rescission.
  7. Qualifications.
  8. Residency Requirement.
  9. Salary.
  10. Term.
  11. Removal.
  12. — Cause.
  13. — Charges.
  14. — Hearing.
  15. — Evidence.
  16. Procedure on Appeal.
1. Nature of Offices.

A superintendent was a state officer. Commonwealth ex rel. Baxter v. Burnett, 237 Ky. 473 , 35 S.W.2d 857, 1931 Ky. LEXIS 623 ( Ky. 1931 ) (decided under prior law).

The office of superintendent is one of trust. Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

A school superintendent is a public officer. Whitley County Board of Education v. Rose, 267 Ky. 283 , 102 S.W.2d 28, 1937 Ky. LEXIS 314 ( Ky. 1937 ). See Smith v. Board of Education, 23 F. Supp. 328, 1938 U.S. Dist. LEXIS 2170 (D. Ky. 1938 ).

2. Compatibility of Offices.

One cannot at the same time be superintendent and teacher. Knuckles v. Board of Education, 272 Ky. 431 , 114 S.W.2d 511, 1938 Ky. LEXIS 138 ( Ky. 1938 ).

Position of assistant superintendent of county schools is an administrative position and is incompatible with the position of teacher and by holding the incompatible position of teacher one appointed assistant superintendent failed to enter upon his duties as such barring him from recovering compensation as assistant superintendent. Richardson v. Bell County Board of Education, 296 Ky. 520 , 177 S.W.2d 871, 1944 Ky. LEXIS 572 ( Ky. 1944 ).

3. Appointment.
4. — Time.

A county superintendent of schools may be appointed prior to the first day of April in the year in which his term begins, provided that the terms of the members of the board in office at the time the appointment is made must extend beyond the date when the term of the superintendent begins. Maynard v. Allen, 276 Ky. 485 , 124 S.W.2d 765, 1939 Ky. LEXIS 547 ( Ky. 1939 ).

A second contract for office of superintendent was enforceable although the second contract was entered into one year prior to the expiration of the first contract, where it was ratified by the board of education after the expiration of the first contract. Farley v. Board of Education, 424 S.W.2d 124, 1968 Ky. LEXIS 443 ( Ky. 1968 ).

Since there is nothing in this section authorizing the appointment of the school superintendent which would justify limiting the power of the school board to appoint a school superintendent prior to the first day of January, the board of education could appoint a school superintendent at a December 5 meeting. Board of Education v. Nevels, 551 S.W.2d 15, 1977 Ky. App. LEXIS 690 (Ky. Ct. App. 1977).

5. — Validity.

Where five-member board of education voted to grand superintendent a new four-year contract but due to an election contest one of the members was a de facto officer whose vote could not be counted in determining whether the superintendent was validly appointed to a new term, the superintendent’s appointment was valid where two (2) members voted in favor of the contract, one member voted against and one member abstained, for the vote of the member who abstained will be taken as being in favor of the appointment. Board of Education v. Nevels, 551 S.W.2d 15, 1977 Ky. App. LEXIS 690 (Ky. Ct. App. 1977).

6. — Rescission.

Where person was appointed superintendent by resolution duly adopted, and four-year contract was executed and approved by proper resolution, following which the board adopted a resolution rescinding its former action and appointed another person as superintendent, person first appointed was entitled, before commencement of term for which appointment was made, to bring declaratory judgment action to establish his right to office. Chestnut v. Reynolds, 291 Ky. 231 , 163 S.W.2d 456, 1942 Ky. LEXIS 201 ( Ky. 1942 ).

In declaratory judgment proceeding to establish right of appointee to office of superintendent, it was proper for court to set matter for early hearing. Chestnut v. Reynolds, 291 Ky. 231 , 163 S.W.2d 456, 1942 Ky. LEXIS 201 ( Ky. 1942 ).

Alleged duress by State Board of Education consisting of threats by State Board to prosecute county board members for school law violations unless certain person was appointed as superintendent did not authorize county board to rescind order of appointment, where appointee did not participate in alleged duress. Chestnut v. Reynolds, 291 Ky. 231 , 163 S.W.2d 456, 1942 Ky. LEXIS 201 ( Ky. 1942 ).

Alleged immoral conduct of appointee to office of superintendent would not justify rescission of resolution of appointment; in such case board must resort to power of removal. Chestnut v. Reynolds, 291 Ky. 231 , 163 S.W.2d 456, 1942 Ky. LEXIS 201 ( Ky. 1942 ).

The appointment of a superintendent does not result from a contract negotiated between the board and the appointee, but from a formal election prescribed by statute, and once made in the manner prescribed cannot be rescinded. Chestnut v. Reynolds, 291 Ky. 231 , 163 S.W.2d 456, 1942 Ky. LEXIS 201 ( Ky. 1942 ).

Fact that appointee to office of superintendent in Laurel County held appointment to same office in Jackson County, covering same term, was not ground for rescinding appointment, since appointee could resign appointment in Jackson County before commencement of term in Laurel County, and in any event acceptance of Laurel County office would vacate Jackson County office. Chestnut v. Reynolds, 291 Ky. 231 , 163 S.W.2d 456, 1942 Ky. LEXIS 201 ( Ky. 1942 ).

7. Qualifications.

In an action to compel county board of education to employ him for a specific school at a specific salary, a school principal was bound by stipulation of facts as to qualifications of school superintendent in the absence of fraud or mistake in entering into the stipulation. Board of Education v. Hogge, 239 S.W.2d 459, 1951 Ky. LEXIS 885 ( Ky. 1951 ).

8. Residency Requirement.

Trial court did not err in granting the Commonwealth’s motion to dismiss a petition or a declaration of rights filed by a school district, board of education, and superintendent, contesting the constitutionality of KRS 160.350(2) because requiring the superintendent to reside in Kentucky after he was appointed was not an improper restraint upon his right to travel and migrate under Ky. Const. § 24 and the United States Constitution; KRS 160.350(2) imposed a permissible residency requirement because there was no requirement that a candidate for superintendent had to have been a Kentucky resident for a certain number of years, but instead, Kentucky residency was imposed as a condition of employment that could occur after hiring. Newport Indep. Sch. District/Newport Bd. of Educ. v. Commonwealth, 300 S.W.3d 216, 2009 Ky. App. LEXIS 118 (Ky. Ct. App. 2009).

KRS 160.350(2) did not deny a superintendent equal protection of the law because that a Kentucky resident would have a better comprehension of Kentucky’s educational needs was a rational basis for Kentucky’s requirement that superintendents live in Kentucky. Newport Indep. Sch. District/Newport Bd. of Educ. v. Commonwealth, 300 S.W.3d 216, 2009 Ky. App. LEXIS 118 (Ky. Ct. App. 2009).

9. Salary.

The salary of a superintendent cannot be changed during the term of office. Whitley County Board of Education v. Rose, 267 Ky. 283 , 102 S.W.2d 28, 1937 Ky. LEXIS 314 ( Ky. 1937 ). (But see Board of Education v. De Weese, 343 S.W.2d 598, 1960 Ky. LEXIS 116 ( Ky. 1960 ).

Superintendent of schools is not an “officer” within Const., §§ 161, 235 and 246 prohibiting change in compensation of officers during term. Board of Education v. De Weese, 343 S.W.2d 598, 1960 Ky. LEXIS 116 ( Ky. 1960 ).

10. Term.

The fact that the board adopted an order fixing the term of the superintendent did not prevent it from subsequently employing a superintendent for a term of four years. Smith v. Board of Education, 264 Ky. 150 , 94 S.W.2d 321, 1936 Ky. LEXIS 285 ( Ky. 1936 ).

Once the length of term has been fixed the board loses control over the term thus created. Board of Education v. Gulick, 398 S.W.2d 483, 1966 Ky. LEXIS 489 ( Ky. 1966 ).

Where the board employed a superintendent for a four-year term it could not create a new term until the expiration of the four-year period. Consequently the reemployment of the superintendent for a four-year term three years after his first four-year term had begun was invalid. Board of Education v. Gulick, 398 S.W.2d 483, 1966 Ky. LEXIS 489 ( Ky. 1966 ).

Where a school superintendent resigned after serving only ten days of his four-year term and there remained a vacancy of three years and 355 days, the board could not shorten that term and appoint one man for one year and another man for the remaining three years of the vacancy as the vacancy exists in the term of office rather than in the office itself and the contract with the first appointee, by operation of law, was for the remainder of the term. Childers v. Pruitt, 511 S.W.2d 233, 1974 Ky. LEXIS 485 ( Ky. 1974 ).

Until the superintendent’s term is finally established (either by formal acceptance of the board of education’s offer or by commencement of service of the term), the board retains complete control over the process and has authority to increase the length of the term. Stagnolia v. Board of Education, 714 S.W.2d 486, 1986 Ky. App. LEXIS 1158 (Ky. Ct. App. 1986).

Where the superintendent refused to accept the one-year term, the county board of education could change the term of the superintendent to four years prior to the commencement of that term. Stagnolia v. Board of Education, 714 S.W.2d 486, 1986 Ky. App. LEXIS 1158 (Ky. Ct. App. 1986).

11. Removal.

A superintendent wrongfully ousted is entitled to his full salary until his successor is appointed, and thereafter he is entitled to any part of his salary not being paid to his successor. Smith v. Board of Education, 23 F. Supp. 328, 1938 U.S. Dist. LEXIS 2170 (D. Ky. 1938 ).

On appeal of removal cases, the court can only consider whether the board acted arbitrarily, unlawfully, without authority, without sufficient legal evidence, or abused its discretion. Meade County Board of Education v. Powell, 254 Ky. 352 , 71 S.W.2d 638, 1934 Ky. LEXIS 76 ( Ky. 1934 ); Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ); Starns v. Board of Education, 280 Ky. 747 , 134 S.W.2d 643, 1939 Ky. LEXIS 212 ( Ky. 1939 ).

The motive for initiation of removal proceedings is immaterial. Meade County Board of Education v. Powell, 254 Ky. 352 , 71 S.W.2d 638, 1934 Ky. LEXIS 76 ( Ky. 1934 ); Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

The findings of fact of the board in removal proceedings are conclusive, in the absence of abuse of discretion. Thompson v. Pendleton County Board of Education, 258 Ky. 843 , 81 S.W.2d 863, 1935 Ky. LEXIS 249 ( Ky. 1935 ); Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

Hostile or prejudiced attitude of board does not disqualify them to try a removal proceeding. Thompson v. Pendleton County Board of Education, 258 Ky. 843 , 81 S.W.2d 863, 1935 Ky. LEXIS 249 ( Ky. 1935 ).

School boards have a wide discretion in removing teachers and employees. Smith v. Board of Education, 264 Ky. 150 , 94 S.W.2d 321, 1936 Ky. LEXIS 285 ( Ky. 1936 ).

Where after merger of a county and independent district the board consisted of seven members, a vote of four members was insufficient to oust the superintendent of schools. Since this section requires 80 percent of a five member board to oust the superintendent 80 percent of a seven member board should likewise be required. Wesley v. Board of Education, 403 S.W.2d 28, 1966 Ky. LEXIS 319 ( Ky. 1966 ).

The object of the statutory requirements imposed on the school board is to create a record on which its action may be tested for arbitrariness. Bell v. Board of Education, 450 S.W.2d 229, 1970 Ky. LEXIS 428 ( Ky. 1970 ).

Removal of plaintiff as a school superintendent pursuant to KRS 160.350 was an integral governmental function and the county board of education was entitled to governmental immunity; therefore, the trial court erred by denying the board’s motion for summary judgment on plaintiff’s state law claims. Crittenden County Bd. of Educ. v. Hargis, 2011 Ky. App. LEXIS 13 (Ky. Ct. App. Jan. 20, 2011).

12. — Cause.

“Cause” means legal cause. Smith v. Board of Education, 264 Ky. 150 , 94 S.W.2d 321, 1936 Ky. LEXIS 285 ( Ky. 1936 ).

Fact that superintendent filed charges against board members is not legal cause for removal, when he acted in good faith. Smith v. Board of Education, 264 Ky. 150 , 94 S.W.2d 321, 1936 Ky. LEXIS 285 ( Ky. 1936 ).

Political activity is ground for removal. Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

Charge, sufficiently supported by evidence, that superintendent had signed contract with director of pupil personnel and sent contract to State Board of Education, without notifying county board and with knowledge that county board had not approved appointment of director of pupil personnel, and that two actions were pending in court involving appointment of director of pupil personnel constituted legal cause for removal of superintendent. Starns v. Board of Education, 280 Ky. 747 , 134 S.W.2d 643, 1939 Ky. LEXIS 212 ( Ky. 1939 ).

The word “cause” means legal cause and not any cause which board authorized to make such removal may deem sufficient and it is implied that removal cannot be at mere will of those vested with power of removal or without any cause but it must be a cause relating to and affecting the administration of the office and must be restricted to something of a substantial nature directly affecting the rights and interests of the public and evidence did not show “good cause or legal cause” which must be the basis of removal of superintendent of schools by county board of education. Bourbon County Board of Education v. Darnaby, 314 Ky. 419 , 235 S.W.2d 66, 1950 Ky. LEXIS 1090 ( Ky. 1950 ).

The word “cause” means legal cause and not any cause which the board authorized to make such removal may deem sufficient. Hoskins v. Keen, 350 S.W.2d 467, 1961 Ky. LEXIS 97 ( Ky. 1961 ).

Failure to perform duties prescribed by law is cause for removal. Hoskins v. Keen, 350 S.W.2d 467, 1961 Ky. LEXIS 97 ( Ky. 1961 ).

The sufficiency of the cause is a question of law for the courts. Bell v. Board of Education, 450 S.W.2d 229, 1970 Ky. LEXIS 428 ( Ky. 1970 ).

The word “cause,” as used in this section, means a “legal” cause. Bell v. Board of Education, 450 S.W.2d 229, 1970 Ky. LEXIS 428 ( Ky. 1970 ).

13. — Charges.

It is not the duty of the person filing charges to record them on the board’s minutes. Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

The board cannot be deprived of its power to hear charges because of the failure of the secretary to record the charges in the minutes. Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

Written notice served on superintendent setting out charges for removal need not be signed, sworn to or verified. Starns v. Board of Education, 280 Ky. 747 , 134 S.W.2d 643, 1939 Ky. LEXIS 212 ( Ky. 1939 ).

The specified charges must be definite enough to give the accused a fair opportunity to defend himself. Bell v. Board of Education, 450 S.W.2d 229, 1970 Ky. LEXIS 428 ( Ky. 1970 ).

When the board conducted a hearing, the production of its evidence in support of the charges served the purpose of making specific that which might otherwise have been considered too general from the charges alone. Bell v. Board of Education, 450 S.W.2d 229, 1970 Ky. LEXIS 428 ( Ky. 1970 ).

14. — Hearing.

Since, under this section, a hearing is not necessary in the first place, the absence of order and fairness in its conduct cannot be prejudicial. Bell v. Board of Education, 450 S.W.2d 229, 1970 Ky. LEXIS 428 ( Ky. 1970 ).

15. — Evidence.

In the absence of an affirmative showing to the contrary, 15 days is a sufficient period for the presentation of evidence. Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

Although it was a primary responsibility of the school principals to carry out fire drills, their uniform failure to have fire drills over a long period of time sustained the charge that the defendant failed to see that fire drills were carried out. Bell v. Board of Education, 450 S.W.2d 229, 1970 Ky. LEXIS 428 ( Ky. 1970 ).

Where a witness gave direct testimony sufficient to convict on the allegation that the defendant used or sought to use the distribution of federal relief money to get votes for his candidates, that alone was sufficient to support the board’s case. Bell v. Board of Education, 450 S.W.2d 229, 1970 Ky. LEXIS 428 ( Ky. 1970 ).

16. Procedure on Appeal.

Where the transcript of the proceedings before the board was used in lieu of the introduction of original proof, the dismissed superintendent was free to subject the school board members to interrogation under the Rules of Civil Procedure at any time after his suit was filed. Bell v. Board of Education, 450 S.W.2d 229, 1970 Ky. LEXIS 428 ( Ky. 1970 ).

Cited:

Commonwealth v. Howard, 379 S.W.2d 475, 1964 Ky. LEXIS 247 ( Ky. 1964 ); Wicker v. Board of Education, 826 F.2d 442, 1987 U.S. App. LEXIS 10768 (6th Cir. 1987); Craig v. Kentucky State Bd. for Elementary & Secondary Educ., 902 S.W.2d 264, 1995 Ky. App. LEXIS 124 (Ky. Ct. App. 1995).

Opinions of Attorney General.

This section, which establishes the qualifications for superintendents does not contain any requirements concerning religion, and a person of the Catholic faith, if he meets the statutory qualifications, may be superintendent. OAG 60-917 .

A board of education that approved the employment of a superintendent for a period of two (2) years could amend the order to read four years and extend the length of employment prior to the time the superintendent took office. OAG 61-548 .

Where a superintendent whose term was to expire on June 30 planned to resign prior to January 1 and three board members were to be elected at the preceding November election, an appointment by the old board could be made only until the expiration of the resigning superintendent’s term. OAG 64-592 .

In June, 1964, a board, some of whose members had terms which expired in January, 1965, did not have authority to issue to its superintendent a contract to begin July 1, 1965, since the terms of some of its members did not extend beyond the date when the new term of office was to begin. OAG 65-96 .

In the event of a vacancy created by resignation this section authorizes the appointment of a successor for the unexpired portion of the term only, and the board is without power to make an appointment for a term that would commence prior to the expiration of any other term. OAG 67-213 .

After school board decided to employ an individual as superintendent for a one-year term, the board had authority to adopt another resolution 12 days later hiring the same individual as superintendent and secretary to the board for a two-year term. OAG 72-74 .

There is no obligation to contract with one man to serve the entire unexpired term of a school superintendent as long as said part of term expires on June 30 and there is no splicing together of partial terms of office but only a fragmenting of a four-year term which was established by the board of education and as long as the appointment is made by the same authority that is authorized to act when the vacancy actually occurs. OAG 73-743 .

There is no conflict between this section and KRS 161.721 as, irrespective of when a superintendent becomes eligible for continuing contract status in the district, such status is not as to the position of superintendent but just to employment in the school district. OAG 76-82 .

A local board of education has the authority and discretion under the circumstances to establish the salary of a superintendent but is under no obligation to negotiate the superintendent’s salary and the superintendent is without power to compel a board of education to contract to pay him more than the board, in its judgment, deems appropriate. OAG 76-360 .

The statutory language requiring the secretary of the board of education to call a special meeting and to see that properly detailed timely notice is given is mandatory and the secretary’s refusal to act could be the basis for rescission of the secretary’s contract; however, the failure to perform the functions of the secretary of the board could not constitute legal cause for removal from office as superintendent when the same person holds the two positions, for the two positions are separable. OAG 78-274 .

Under this section a board of education may agree to enter into a contract with an individual for the position of superintendent before the existing contract of the superintendent has expired so long as the term of no board member will expire in the interim between the making of a contract and its effective date. OAG 78-274 .

The holding of the two state officer positions of superintendent of schools and member of a local school board does not by itself present a statutory or constitutional incompatibility, under KRS 61.080 and Const., § 165. OAG 78-413 .

By provisions of this section the board is to fix the salary of the superintendent and only that board which entered into the contract to take effect on July 1 of this year had or ever could have had any right to set its terms; since that board in office in July at the commencement of the contract could have increased the salary of the superintendent starting on July 1, it may now increase the salary to a figure mutually agreeable to the superintendent and the board of education. OAG 78-819 .

The position of local superintendent of schools is a state office. OAG 79-149 .

A local board of education may give a superintendent who is over 65 a contract for more than one year. OAG 79-213 .

An individual may serve as a superintendent under contract pursuant to this section until the end of the school year in which the age of 70 is reached. OAG 79-213 .

Although the duration of an existing contract’s terms may not be changed, a board of education membership that will be in office at the time a new contract term is to be established may agree in advance to enter into a contract with an individual to be the superintendent. OAG 79-321 .

While a superintendent may acquire tenure in the same manner as for teachers pursuant to KRS 161.721 , that does not make an appointment as a superintendent under this section, which is under an entirely different contractual basis and which may be for one, two, three or four years, employment where “teacher tenure” may be transferred to the position pursuant to KRS 161.740 ; thus, where a teacher attains tenure in one school system and then accepts the position of superintendent of schools in another school district, the superintendent would be required to attain tenure in the new school system by following KRS 161.721 . OAG 80-147 .

A local board of education can direct the superintendent to make a recommendation relative to a teacher’s contract since a recommendation is required by law and may be a part of appropriately adopted local board policies; the refusal by a superintendent to make a recommendation could be considered legal cause for the superintendent’s removal. OAG 80-205 .

A local board of education, after having once fixed the term of a superintendent’s office cannot then change the number of years of the term. OAG 84-283 .

If for any reason a superintendent-elect did not want the one year contract offered by the local board of education and resigned, the person taking his place would be limited to the one year contract. OAG 84-283 .

Research References and Practice Aids

Cross-References.

Certification of school employees, KRS 161.010 to 161.123 .

Leave of absence, KRS 161.770 .

Reinstatement of former superintendent returning from Armed Forces, KRS 161.740 .

Resignations, removals and vacancies, KRS Ch. 63.

Superintendent eligible for continuing contract status under teachers’ tenure law, KRS 161.721 .

Termination of contract, KRS 161.780 .

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

Prather, Establishing Schools, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 19.

160.352. Screening committee — Minority representation — Recommendations for superintendent.

  1. For purposes of this section the term “minority” means American Indian; Alaskan native; African-American; Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin; Pacific islander; or other ethnic group underrepresented in a local school district.
  2. Each board of education shall appoint a superintendent of schools after receiving the recommendations of a screening committee. A screening committee shall be established within thirty (30) days of a determination by a board of education that a vacancy has occurred or will occur in the office of superintendent, except that when the board determines a vacancy will not occur before six (6) months from the date of determination, the board shall establish a screening committee at least ninety (90) days before the first date on which the position may be filled.
  3. A screening committee shall be composed of:
    1. Two (2) teachers, elected by the teachers in the district;
    2. One (1) board of education member, appointed by the board chairman;
    3. One (1) principal, elected by the principals in the district;
    4. One (1) parent, elected by the presidents of the parent-teacher organizations of the schools in the district;
    5. One (1) classified employee, elected by the classified employees in the district; and
    6. If a minority member is not elected or appointed to a screening committee in districts with a minority population of eight percent (8%) or more, as determined by the enrollment on the preceding October 1, the committee membership shall be increased to include one (1) minority parent. This minority parent member shall be elected by the parents in an election conducted by the local school board. Parents in the district shall be given adequate notice of the date, time, place, and purpose of the election.
  4. Prior to appointing a superintendent of schools, the board of education shall consider the recommendations of the screening committee, but the board shall not be required to appoint a superintendent from the committee’s recommendations.

History. Enact. Acts 1990, ch. 476, Pt. II, § 76, effective July 13, 1990; 1994, ch. 159, § 1, effective April 1, 1994; 1994, ch. 255, § 1, effective July 15, 1994; 1994, ch. 400, § 1, effective April 11, 1994; 1996, ch. 362, § 2, effective July 15, 1996; 1998, ch. 257, § 2, effective July 15, 1998.

Opinions of Attorney General.

A screening committee may be composed only of those individuals expressly mentioned in this section and to appoint additional members by unilateral action on the part of the board or pursuant to a regulation passed by the Board of Education would be in violation of KRS 13A.120 and KRS 13A.130 . OAG 91-3 .

While the Board of Education receives recommendations from the screening committee concerning the appointment of a superintendent, the board is not required to appoint a superintendent from the committee’s recommendations; the Board of Education has the discretion to consult with and to receive recommendations from sources other than the committee in order to insure consideration of qualified applicants and to enable the board to honor its commitment to Affirmative Action. OAG 91-3 .

While this section unambiguously provides that local school boards establish the rules and procedures governing the superintendent selection committee, the election of the teacher representatives to that committee must be conducted under the sole authority of the teachers themselves. OAG 02-006 .

Research References and Practice Aids

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

160.360. Assistant superintendents. [Repealed.]

Compiler’s Notes.

This section (4399-34; amend. Acts 1942, ch. 113, § 13) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

160.370. Superintendent as executive agent of board — Duties — Approval of small purchases in county with consolidated local government.

  1. The superintendent shall be the executive agent of the board that appoints him or her and shall meet with the board, except when his or her own tenure, salary, or the administration of his or her office is under consideration. As executive officer of the board, the superintendent shall see that the laws relating to the schools, the bylaws, rules, and regulations of the Kentucky Board of Education, and the regulations and policies of the district board of education are carried into effect. He or she may administer the oath required by the board of education to any teacher or other person. He or she shall be the professional adviser of the board in all matters. He or she shall prepare, under the direction of the board, all rules, regulations, bylaws, and statements of policy for approval and adoption by the board. He or she shall have general supervision, subject to the control of the board of education, of the general conduct of the schools, the course of instruction, the discipline of pupils, and the management of business affairs. He or she shall be responsible for the hiring and dismissal of all personnel in the district.
  2. For a county school district in a county with a consolidated local government adopted under KRS Chapter 67C that adopts the provisions of the Kentucky Model Procurement Code, the board shall authorize the superintendent to approve purchases, in accordance with small purchase procedures adopted by the board, for any contract for which a determination is made that the aggregate amount of the contract does not exceed twenty thousand dollars ($20,000). The superintendent shall provide a quarterly report to the board on any purchases made under this subsection.

History. 4399-34; amend. Acts 1966, ch. 89, § 10; 1990, ch. 476, Pt. II, § 89, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2019 ch. 65, § 1, effective June 27, 2019.

NOTES TO DECISIONS

Analysis

  1. Public Officer.
  2. Management and Control of School Buses.
  3. Liability.
  4. Discretion of Assistant Superintendent.
  5. Title IX Claims.
1. Public Officer.

Superintendent of schools is not an “officer” within Const., §§ 161, 235 and 246 prohibiting change in compensation of officers during term. Board of Education v. De Weese, 343 S.W.2d 598, 1960 Ky. LEXIS 116 ( Ky. 1960 ).

2. Management and Control of School Buses.

The superintendent of schools of the county board of education was the executive agent and officer of the board and as such was in charge of the management and control of the school buses owned and operated by the board, with authority to direct the operator of the school bus to permit a member of the county board of education to ride upon the bus and thus save the board the expense of transportation under KRS 160.280 and the board member was lawfully riding in the school bus within the liability policy issued for protection of any school child or other person from negligence of the bus driver. Standard Acc. Ins. Co. v. Perry County Board of Education, 72 F. Supp. 142, 1947 U.S. Dist. LEXIS 2468 (D. Ky. 1947 ).

Where memorandum containing guidelines for public school bus drivers was issued by director for transportation services rather than by superintendent of schools, court held that guidelines issued were not tantamount to regulations and that the superintendent had an oversight role and duty of preparation, but not necessarily a duty to write the memorandum at issue. Cornette v. Commonwealth, 899 S.W.2d 502, 1995 Ky. App. LEXIS 108 (Ky. Ct. App. 1995).

3. Liability.

School superintendent is not liable individually for failing to see that board require school bus contractors to carry liability insurance as required by KRS 160.310 . Bronaugh v. Murray, 294 Ky. 715 , 172 S.W.2d 591, 1943 Ky. LEXIS 531 ( Ky. 1943 ).

A county board of education could not be held accountable for the failure of its superintendents to properly apply KRS 161.155 . Ramsey v. Board of Educ., 789 S.W.2d 784, 1990 Ky. App. LEXIS 19 (Ky. Ct. App. 1990).

Although a ban that prohibited a teacher from attending a local teachers’ meeting made by a school principal and a director of employee relations violated his free association rights, the unconstitutional acts were not made by final policymakers under KRS 161.790 , 160.370 , and 160.340 and thus could not give rise to school board liability. Baar v. Jefferson County Bd. of Educ., 666 F. Supp. 2d 701, 2009 U.S. Dist. LEXIS 100066 (W.D. Ky. 2009 ).

4. Discretion of Assistant Superintendent.

The assistant superintendent was allowed no discretion in enforcing a school board policy which required a high school student to maintain a 2.0 grade point average in five of six classes to remain eligible to participate in extracurricular activities. Thompson v. Fayette County Public Schools, 786 S.W.2d 879, 1990 Ky. App. LEXIS 40 (Ky. Ct. App. 1990).

5. Title IX Claims.

Plaintiff’s Title IX claim against a school board, based on a teacher’s alleged sexual abuse of her child, survived summary judgment because there was a disputed fact issue as to whether the actions of a principal and superintedant — “appropriate persons” to receive notice under Title IX — were clearly unreasonable in light of the known circumstances such that they acted with deliberate indifference to known acts of harassment. 2014 U.S. Dist. LEXIS 37823.

Cited:

Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ); Taylor v. Hampton, 271 S.W.2d 887, 1954 Ky. LEXIS 1057 ( Ky. 1954 ); Board of Education v. Bentley, 383 S.W.2d 677, 1964 Ky. LEXIS 51 , 11 A.L.R.3d 990 ( Ky. 1964 ); Craig v. Kentucky State Bd. for Elementary & Secondary Educ., 902 S.W.2d 264, 1995 Ky. App. LEXIS 124 (Ky. Ct. App. 1995).

Notes to Unpublished Decisions

1. Liability.

Unpublished decision: Defendant board of education was not liable for plaintiff teacher’s claim of constitutional violation, as his reprimand was ordered by other defendant school officials who acted without a policy or custom of the board, and under KRS 161.790 , 160.370 , 160.340 , the officials who reprimanded the teacher had no final policymaking authority. Baar v. Jefferson County Bd. of Educ., 476 Fed. Appx. 621, 2012 FED App. 0262N, 2012 U.S. App. LEXIS 5019 (6th Cir. Ky. 2012 ).

Opinions of Attorney General.

A county board of education regulation, which required that the marriage of any pupil within a school year would be sufficient cause to drop him from school attendance, would probably not be enforceable due to the fact that it did not allow any discretion upon the board’s part and applies blanketly without regard to the circumstances of each case. OAG 64-877 .

The superintendent of schools may not enter into a binding Kentucky work experience and training program contract on behalf of the district unless authorized to do so by proper action of the school board. OAG 65-411 .

A board of education has adequate authority to adopt regulations which would require teachers to submit to periodic physical examinations, if it appears that they are physically unable to discharge their duties as a teacher. OAG 65-560 .

Where the superintendent in the proper exercise of discretion does not recommend a particular certified teacher for a certain vacancy, it is not legally possible to employ that teacher in that district and for the purposes of KRS 161.100 , no qualified teacher is available. OAG 69-389 .

The superintendent’s professional function in providing recommendations of personnel inherently vests him with the authority and responsibility of exercising sound discretion in determining whether a particular applicant can be recommended based upon the superintendent’s professional knowledge and judgment and includes the responsibility and authority to recommend unfavorably and/or withhold recommendations. OAG 69-389 .

There is no obligation on a school board’s part to negotiate with its employees as the internal management of schools and teachers is vested in the local board of education and through KRS 161.140 (repealed), 161.170 , 160.290 and 160.370 the school board has vast control over the compensation, duties, working conditions and related items concerning teachers. OAG 75-126 .

An administrative employment policy which was adopted at the same county school board meeting at which it was first presented without an opportunity for the superintendent to make comment or recommendation would be void. OAG 77-336 .

A board of education cannot lawfully contract away amendatory obligation of approval given it by the statutes and, therefore, any contractual provisions of a superintendent’s contract in derogation of the expressed statutory outline of powers and duties of a superintendent of a public common school system and a local board of education would be void. OAG 76-360 .

Where, at the regular June meeting of the board of education, the board ordered the superintendent of schools to advertise for bids for insurance and, at the July regular meeting of the board, the superintendent asked the board to rescind so much of its order to advertise for bids of insurance because negotiations for a contract for insurance were in the making and a motion for the requested recession was passed by a three-two vote, the board voted in essence to ratify the actions of the superintendent by rescinding so much of the order to bid relating to insurance and, since the board of education may ratify any action it could have legally taken in the first place, it was legal for the board not to bid on insurance contracts. OAG 77-518 .

If the superintendent of schools is also the secretary of the board, he or she shall not meet with the board when the superintendent’s tenure, salary or the administration of his office is under consideration, for while the two positions of superintendent and secretary may be separable, the body cannot be; in this situation a temporary secretary should be appointed to take the minutes of the board’s proceedings. OAG 78-274 .

Since the language in this section, to the effect that the superintendent shall meet with the board except when his own tenure, salary or administration of his office is considered, is merely directory, a local board of education may, by a concurring vote of a majority of the board, waive its statutory prerogative of meeting out of the presence of the superintendent when the superintendent’s tenure, salary or the administration of his office will be considered. OAG 82-604 .

A local board of education may open or close a school without the recommendation of the local superintendent. OAG 85-98 .

When the legislature provided the superintendent with discretion to recommend a candidate to the board for appointment, the legislature did not choose to restrict the superintendent to one individual; beyond consideration of minimum requirements, set by law, the exercise of discretion necessitates freedom to choose, and where a qualified candidate is related to a board member, the superintendent is not precluded from recommending that candidate, despite the relationship, nor is the board precluded from approving that candidate if it so chooses. OAG 89-58 .

There is no authority for a Board of Education to retain some right to hear charges concerning classified employees, to make a decision, and later to direct the superintendent on whether or not to dismiss an employee. OAG 90-129 .

School board approval is required when the superintendent decides to move the central business office to a new location requiring substantial expenditure of school funds because the movement of the office is not, primarily, a personnel decision, but one involving the management of business affairs; while the superintendent has responsibility for the management of business affairs, that responsibility is subject to the control of the board of education and moreover, the school board has control and management of all school funds, public school property and school facilities; depending on the steps taken, approval of the Department of Education may also be required. OAG 92-65 .

Enacting a seniority policy for classified employees exceeds the legal authority of the board and circumvents the superintendent’s role in personnel matters. It ties the hands of the superintendent in making personnel decision and may be an attempt by the local board to influence the hiring or appointment of district employees in violation of KRS 160.170 . OAG 92-133 .

The Kentucky Education Reform Act removed personnel duties from the local board and placed the responsibility in the hands of the superintendent. OAG 92-133 .

The superintendent has the responsibility to make individual personnel decisions and to define the duties of particular employee positions. However, the local board has the responsibility to manage the entire district, control school funds, set compensation, create and abolish positions of employment and adopt regulations for qualifications and duties of classes of employees. OAG 92-133 .

The opinion in OAG 92-133 is overruled since the 1994 General Assembly enacted House Bill 50 (Enact. Acts 1994, ch. 25) which provides local school boards with the authority to adopt a seniority policy for classified employees. OAG 94-37 .

Research References and Practice Aids

Cross-References.

Boundaries of district, superintendent to furnish to railroad or bridge company, KRS 136.190 , 136.990 .

Conferences of public school officials, superintendent to attend, KRS 156.190 .

Reports of financial matters to state board of education, KRS 157.060 .

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

Education Law: Hiring and Termination Issues, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 17.

160.380. School district personnel actions — Restrictions on appointment of relatives, violent offenders, and persons convicted of sex crimes — Restriction on assignment to alternative education program as disciplinary action — National and state criminal history background checks and clear CA/N checks — Probationary status — Termination on basis of criminal record — Fingerprint card — Application forms — Employees charged with felony offenses — Notification by employee found to have abused or neglected a child.

  1. As used in this section:
    1. “Administrative finding of child abuse or neglect” means a substantiated finding of child abuse or neglect issued by the Cabinet for Health and Family Services that is:
      1. Not appealed through an administrative hearing conducted in accordance with KRS Chapter 13B;
      2. Upheld at an administrative hearing conducted in accordance with KRS Chapter 13B and not appealed to a Circuit Court; or
      3. Upheld by a Circuit Court in an appeal of the results of an administrative hearing conducted in accordance with KRS Chapter 13B;
    2. “Alternative education program” means a program that exists to meet the needs of students that cannot be addressed in a traditional classroom setting but through the assignment of students to alternative classrooms, centers, or campuses that are designed to remediate academic performance, improve behavior, or provide an enhanced learning experience. Alternative education programs do not include career or technical centers or departments;
    3. “Clear CA/N check” means a letter from the Cabinet for Health and Family Services indicating that there are no administrative findings of child abuse or neglect relating to a specific individual;
    4. “Relative” means father, mother, brother, sister, husband, wife, son and daughter; and
    5. “Vacancy” means any certified position opening created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member of a local school district, or a new position created in a local school district for which certification is required. However, if an employer- employee bargained contract contains procedures for filling certified position openings created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member, or creation of a new position for which certification is required, a vacancy shall not exist, unless certified positions remain open after compliance with those procedures.
  2. Except as provided in KRS 160.346 , the school district personnel actions identified in this section shall be carried out as follows:
    1. All appointments, promotions, and transfers of principals, supervisors, teachers, and other public school employees shall be made only by the superintendent of schools, who shall notify the board of the action taken. All employees of the local district shall have the qualifications prescribed by law and by the administrative regulations of the Kentucky Board of Education and of the employing board. Supervisors, principals, teachers, and other employees may be appointed by the superintendent for any school year at any time after February 1 preceding the beginning of the school year. No superintendent of schools shall appoint or transfer himself or herself to another position within the school district;
    2. When a vacancy occurs in a local school district, the superintendent shall notify the chief state school officer fifteen (15) days before the position shall be filled. The chief state school officer shall keep a registry of local district vacancies which shall be made available to the public. The local school district shall post position openings in the local board office for public viewing;
    3. When a vacancy needs to be filled in less than fifteen (15) days’ time to prevent disruption of necessary instructional or support services of the school district, the superintendent may seek a waiver from the chief state school officer. If the waiver is approved, the appointment shall not be made until the person recommended for the position has been approved by the chief state school officer. The chief state school officer shall respond to a district’s request for waiver or for approval of an appointment within two (2) working days; and
    4. When a vacancy occurs in a local district, the superintendent shall conduct a search to locate minority teachers to be considered for the position. The superintendent shall, pursuant to administrative regulations of the Kentucky Board of Education, report annually the district’s recruitment process and the activities used to increase the percentage of minority teachers in the district.
  3. Restrictions on employment of relatives shall be as follows:
    1. No relative of a superintendent of schools shall be an employee of the school district. However, this shall not apply to a relative who is a classified or certified employee of the school district for at least thirty-six (36) months prior to the superintendent assuming office and who is qualified for the position the employee holds. A superintendent’s spouse who has previously been employed in a school system may be an employee of the school district. A superintendent’s spouse who is employed under this provision shall not hold a position in which the spouse supervises certified or classified employees. A superintendent’s spouse may supervise teacher aides and student teachers. However, the superintendent shall not promote a relative who continues employment under an exception of this subsection;
    2. No superintendent shall employ a relative of a school board member of the district;
    3. No principal’s relative shall be employed in the principal’s school; and
    4. A relative that is ineligible for employment under paragraph (a), (b), or (c) of this subsection may be employed as a substitute for a certified or classified employee if the relative is not:
      1. A regular full-time or part-time employee of the district;
      2. Accruing continuing contract status or any other right to continuous employment;
      3. Receiving fringe benefits other than those provided other substitutes or 4. Receiving preference in employment or assignment over other substitutes.
  4. No superintendent shall assign a certified or classified staff person to an alternative education program as part of any disciplinary action taken pursuant to KRS 161.011 or 161.790 as part of a corrective action plan established pursuant to the local district evaluation plan.
  5. No superintendent shall initially employ in any position in the district any person who is a violent offender or has been convicted of a sex crime as defined by KRS 17.165 which is classified as a felony or persons with an administrative finding of child abuse or neglect in records maintained by the Cabinet for Health and Family Services. The superintendent may employ, at his discretion, except at a Kentucky Educational Collaborative for State Agency Children program, persons convicted of sex crimes classified as a misdemeanor.
  6. Requirements for background checks shall be as follows:
    1. A superintendent shall require the following individuals to submit to a national and state criminal background check by the Department of Kentucky State Police and the Federal Bureau of Investigation and have a clear CA/N check, provided by the individual:
      1. Each new certified or classified hire;
      2. A nonfaculty coach or nonfaculty assistant as defined under KRS 161.185 ;
      3. A student teacher;
      4. A school-based decision making council parent member; and
      5. Any adult who is permitted access to school grounds on a regularly scheduled and continuing basis pursuant to a written agreement for the purpose of providing services directly to a student or students as part of a school-sponsored program or activity;
      1. The requirements of paragraph (a) of this subsection shall not apply to: (b) 1. The requirements of paragraph (a) of this subsection shall not apply to:
        1. Classified and certified individuals employed by the school district prior to June 27, 2019; or
        2. Certified individuals who were employed in another certified position in a Kentucky school district within six (6) months of the date of hire and who had previously submitted to a national and state criminal background check and who have a clear CA/N check for the previous employment.
      2. The Education Professional Standards Board may promulgate administrative regulations to impose additional qualifications to meet the requirements of Public Law 92-544;
    2. A parent member may serve prior to the receipt of the criminal history background check and CA/N letter required by paragraph (a) of this subsection but shall be removed from the council on receipt by the school district of a report documenting a record of abuse or neglect, or a sex crime or criminal offense against a victim who is a minor as defined in KRS 17.500 , or as a violent offender as defined in KRS 17.165 , and no further procedures shall be required; and
    3. A superintendent may require a volunteer or a visitor to submit to a national and state criminal history background check by the Department of Kentucky State Police and the Federal Bureau of Investigation and have a clear CA/N check, provided by the individual.
    1. If a certified or classified position remains unfilled after July 31 or if a vacancy occurs during a school term, a superintendent may employ an individual, who will have supervisory or disciplinary authority over minors, on probationary status pending receipt of the criminal history background check and a clear CA/N check, provided by the individual. Application for the criminal record and a request for a clear CA/N check of a probationary employee shall be made no later than the date probationary employment begins. (7) (a) If a certified or classified position remains unfilled after July 31 or if a vacancy occurs during a school term, a superintendent may employ an individual, who will have supervisory or disciplinary authority over minors, on probationary status pending receipt of the criminal history background check and a clear CA/N check, provided by the individual. Application for the criminal record and a request for a clear CA/N check of a probationary employee shall be made no later than the date probationary employment begins.
    2. Employment shall be contingent on the receipt of the criminal history background check documenting that the probationary employee has no record of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt of a letter, provided by the individual, from the Cabinet for Health and Family Services stating the employee is clear to hire based on no administrative findings of child abuse or neglect found through a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services.
    3. Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, probationary employment under this section shall terminate on receipt by the school district of a criminal history background check documenting a record of a sex crime or as a violent offender as defined in KRS 17.165 and no further procedures shall be required.
  7. The provisions of KRS 161.790 shall apply to terminate employment of a certified employee on the basis of a criminal record other than a record of a sex crime or as a violent offender as defined in KRS 17.165 , or on the basis of a CA/N check showing an administrative finding of child abuse or neglect.
    1. All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The fingerprint cards shall be forwarded to the Federal Bureau of Investigation from the Department of Kentucky State Police after a state criminal background check is conducted. The results of the state and federal criminal background check shall be sent to the hiring superintendent. Any fee charged by the Department of Kentucky State Police, the Federal Bureau of Investigation, and the Cabinet for Health and Family Services shall be an amount no greater than the actual cost of processing the request and conducting the search. (9) (a) All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The fingerprint cards shall be forwarded to the Federal Bureau of Investigation from the Department of Kentucky State Police after a state criminal background check is conducted. The results of the state and federal criminal background check shall be sent to the hiring superintendent. Any fee charged by the Department of Kentucky State Police, the Federal Bureau of Investigation, and the Cabinet for Health and Family Services shall be an amount no greater than the actual cost of processing the request and conducting the search.
    2. Each application form, provided by the employer to an applicant for a certified or classified position, shall conspicuously state the following: “FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET FOR HEALTH AND FAMILY SERVICES.”
    3. Each application form for a district position shall require the applicant to:
      1. Identify the states in which he or she has maintained residency, including the dates of residency; and
      2. Provide picture identification.
  8. Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, when an employee of the school district is charged with any offense which is classified as a felony, the superintendent may transfer the employee to a second position until such time as the employee is found not guilty, the charges are dismissed, the employee is terminated, or the superintendent determines that further personnel action is not required. The employee shall continue to be paid at the same rate of pay he or she received prior to the transfer. If an employee is charged with an offense outside of the Commonwealth, this provision may also be applied if the charge would have been treated as a felony if committed within the Commonwealth. Transfers shall be made to prevent disruption of the educational process and district operations and in the interest of students and staff and shall not be construed as evidence of misconduct.
  9. Notwithstanding any law to the contrary, each certified and classified employee of the school district shall notify the superintendent if he or she has been found by the Cabinet for Health and Family Services to have abused or neglected a child, and if he or she has waived the right to appeal a substantiated finding of child abuse or neglect or if the substantiated incident was upheld upon appeal. Any failure to report this finding shall result in the certified or classified employee being subject to dismissal or termination.
  10. The form for requesting a CA/N check shall be made available on the Cabinet for Health and Family Services Web site.

History. 4399-34; amend. Acts 1942, ch. 113, § 13; 1958, ch. 126, § 18; 1966, ch. 89, § 11; 1974, ch. 88, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1988, ch. 345, § 4, effective July 15, 1988; 1990, ch. 476, Pt. II, § 78, effective July 13, 1990; 1990, ch. 518, § 7, effective July 13, 1990; 1992, ch. 401, § 1, effective July 14, 1992; 1994, ch. 192, § 1, effective July 15, 1994; 1994, ch. 483, § 1, effective July 15, 1994; 1996, ch. 349, § 1, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 178, § 2, effective July 15, 1998; 1998, ch. 362, § 1, effective July 15, 1998; 1998, ch. 467, § 1, effective July 15, 1998; 1998, ch. 489, § 1, effective July 15, 1998; 2001, ch. 60, § 3, effective June 21, 2001; 2005, ch. 177, § 1, effective June 20, 2005; 2006, ch. 182, § 18, effective July 12, 2006; 2006, ch. 221, § 5, effective July 12, 2006; 2007, ch. 85, § 169, effective June 26, 2007; 2009, ch. 38, § 1, effective June 25, 2009; 2010, ch. 1, § 2, effective January 14, 2010; 2012, ch. 61, § 1, effective July 12, 2012; 2012, ch. 85, § 1, effective July 12, 2012; 2016 ch. 104, § 2, effective July 15, 2016; 2018 ch. 105, § 1, effective April 2, 2018; 2019 ch. 31, § 1, effective June 27, 2019; 2020 ch. 32, § 1, effective July 15, 2020.

Compiler's Notes.

P.L. 92-544, referred to in (4)(d), may be found as notes to various sections throughout the United States Code. For provisions relating to sharing of FBI criminal information in employment situations, see the notes following 28 USCS § 534.

Legislative Research Commission Notes.

(4/4/2018). The amendments made to this statute in 2018 Ky. Acts ch. 105, sec. 1 are effective April 4, 2018. 2018 Ky. Acts ch. 105, sec. 1 amended the version of KRS 160.380 that was scheduled to take effect on July 1, 2018. That July 1 version would now take effect instead at the first moment of April 4, 2018, as amended by 2018 Ky. Acts ch. 105, sec. 1, superseding the current version. SB 101 (Ch. 105) was delivered to the Governor on March 22, 2018. The 10-day, not counting Sundays, veto period began on the next day, March 23, and ended at midnight on April 3, 2018. The Governor returned that bill to the Secretary of State on April 2 without signing it. Therefore, since the Governor could have retrieved it and signed it or vetoed it prior to the end of April 3, the bill would not take effect until the first moment of April 4, 2018 following the expiration of the 10-day veto period.

(7/12/2012). Under the authority of KRS 7.136(1), the Reviser of Statutes in codification has changed the internal numbering of subsection (6) of this statute. The words in the text were not changed.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Application.
  3. State Employees.
  4. Recommendations.
  5. — Appointments.
  6. — Time for Approval.
  7. — Approval.
  8. — Rejection.
  9. — Withdrawal.
  10. — Transfers.
  11. — — Arbitrariness.
  12. — — Justification.
  13. — Review by State.
  14. Rights of Employee.
  15. Teaching Credentials.
  16. Necessity for Contract.
  17. Erroneous Designation of Position.
  18. County Superintendent.
  19. — Time for Appointments.
  20. — Removal.
  21. Liability for Removal.
  22. Liability of Local Boards of Education.
  23. Workers' Compensation.
1. Constitutionality.

Subdivision (2)(f) of this section does not violate the First Amendment, nor the equal protection clause of the Fourteenth Amendment of the United States Constitution.Chapman v. Gorman, 839 S.W.2d 232, 1992 Ky. LEXIS 124 ( Ky. 1992 ).

Since the General Assembly has made a strong showing of intent to eradicate nepotism within the school districts of the Commonwealth, this legislation enjoys a strong presumption of constitutionality. Department of Educ. v. Risner, 913 S.W.2d 327, 1996 Ky. LEXIS 2 ( Ky. 1996 ).

2. Application.

This section does not apply to the employment of school bus drivers, since the board has the privilege of either contracting with a person who provides his own vehicle or hiring drivers for vehicles owned by the board. Smith v. Rose, 293 Ky. 583 , 169 S.W.2d 609, 1943 Ky. LEXIS 663 ( Ky. 1943 ).

Janitors, bus drivers, and mechanics are public employees within the meaning of this section. Reed v. Greene, 243 S.W.2d 892, 1951 Ky. LEXIS 1172 ( Ky. 1951 ).

Certified public accountant hired by board to audit records is independent contractor and not employee requiring recommendation of superintendent. Lewis v. Morgan, 252 S.W.2d 691, 1952 Ky. LEXIS 1019 ( Ky. 1952 ).

An attorney employed by the board in an attorney-client relationship is an independent contractor and not a “public school employee” within the meaning of this section. Hobson v. Howard, 367 S.W.2d 249, 1963 Ky. LEXIS 14 ( Ky. 1963 ).

KRS 342.640 specifically deals with the definition of an employee within the context of the Workers’ Compensation Act; therefore, it prevails over provisions regarding employees in the Kentucky Education Reform Act, KRS ch. 160. Pike County Bd. of Educ. v. Mills, 260 S.W.3d 366, 2008 Ky. App. LEXIS 245 (Ky. Ct. App. 2008).

3. State Employees.

A principal is a state employee. Board of Trustees v. Renfroe, 259 Ky. 644 , 83 S.W.2d 27, 1935 Ky. LEXIS 370 ( Ky. 1935 ).

Teachers in the common schools are state employees. Board of Education v. Talbott, 261 Ky. 66 , 86 S.W.2d 1059, 1935 Ky. LEXIS 592 ( Ky. 1935 ).

Where plaintiff student filed suit against defendants, a school district and school officials, after he was the victim of sexual harassment by a male teacher, defendants were entitled to summary judgment on the basis of qualified immunity because, in hiring faculty, they were performing a discretionary function within the scope of their authority. Because the student failed to demonstrate that defendants acted in bad faith and there was no evidence that defendants willfully or maliciously intended to harm the student or acted with a corrupt motive, defendants were entitled to summary judgment. Cole v. Shadoan, 782 F. Supp. 2d 428, 2011 U.S. Dist. LEXIS 21633 (E.D. Ky. 2011 ).

4. Recommendations.

It is not necessary that the recommendations be made in writing; a verbal recommendation is sufficient if it is made in person by the superintendent. Hudson v. Ohio County Board of Education, 253 Ky. 709 , 70 S.W.2d 375, 1934 Ky. LEXIS 725 ( Ky. 1934 ) (decided under prior law).

The county superintendent may nominate teachers in all county schools except in subdistrict schools, where only the elementary grades, that is, up to or through the eighth grade, are taught. Hudson v. Ohio County Board of Education, 253 Ky. 709 , 70 S.W.2d 375, 1934 Ky. LEXIS 725 ( Ky. 1934 ). See Wilson v. Alsip, 256 Ky. 466 , 76 S.W.2d 288, 1934 Ky. LEXIS 435 ( Ky. 1934 ) (decided under prior law).

A verbal recommendation is sufficient if made in person by the superintendent. Amburgey v. Draughn, 288 Ky. 128 , 155 S.W.2d 740, 1941 Ky. LEXIS 62 ( Ky. 1941 ) (decided under prior law).

This section contemplates that the superintendent of schools shall nominate teachers for the next school year at some time between April 1 and the beginning of the next school year on July 1, though the particular school may not open until a later date. Beckham v. Kimbell, 282 Ky. 648 , 139 S.W.2d 747, 1940 Ky. LEXIS 235 ( Ky. 1940 ) (decided under prior law).

Where superintendent attempted to recommend teachers at three separate meetings, and at the first meeting the board refused to consider recommendations because two members of board were absent, although a quorum was present, at second meeting board claimed that recommendations could not be considered because it was a special meeting, and at third meeting board adjourned when superintendent offered recommendations, conduct of board indicated a fixed determination to thwart recommendations, which amounted to an unjustified rejection. O'Daniel v. McDaniel, 290 Ky. 77 , 160 S.W.2d 331, 1942 Ky. LEXIS 345 ( Ky. 1942 ) (decided under prior law).

Where list containing recommendations was filed with minutes, and was later used by board in making some appointments, the fact that the board expunged at a later meeting so much of minutes as recited that superintendent had offered list to board did not make recommendations ineffective. O'Daniel v. McDaniel, 290 Ky. 77 , 160 S.W.2d 331, 1942 Ky. LEXIS 345 ( Ky. 1942 ) (decided under prior law).

The fact that the list containing recommendations was not specific in one instance in designating position for which teacher was recommended did not make this recommendation ineffective, where evidence was that board understood what position was intended. O'Daniel v. McDaniel, 290 Ky. 77 , 160 S.W.2d 331, 1942 Ky. LEXIS 345 ( Ky. 1942 ) (decided under prior law).

The recommendation of teachers may be written or oral. O'Daniel v. McDaniel, 290 Ky. 77 , 160 S.W.2d 331, 1942 Ky. LEXIS 345 ( Ky. 1942 ) (decided under prior law).

Teachers may be employed by the local board of education only upon the recommendation of the local superintendent of schools, and any employment without that recommendation is void. Gaines v. Board of Education, 554 S.W.2d 394, 1977 Ky. App. LEXIS 759 (Ky. Ct. App. 1977) (decided under prior law).

5. — Appointments.

Failure of superintendent to object to appointment by county board of education without her recommendation did not estop her from objecting where the appointment was being used to perpetuate appointee in office. Beverly v. Highfield, 307 Ky. 179 , 209 S.W.2d 739, 1948 Ky. LEXIS 682 ( Ky. 1948 ) (decided under prior law).

An appointment or election of a school principal by the county board of education without the recommendation of the county superintendent is void and the principal cannot use it as a foundation upon which to rest his claim that because of it the board is compelled to continue his employment. Beverly v. Highfield, 307 Ky. 179 , 209 S.W.2d 739, 1948 Ky. LEXIS 682 ( Ky. 1948 ) (decided under prior law).

6. — Time for Approval.

Since school year begins July 1, teachers must be chosen by that date, and school board cannot refuse to act on recommendations before that date or postpone action until after that date. Cottongim v. Stewart, 277 Ky. 706 , 127 S.W.2d 149, 1939 Ky. LEXIS 716 ( Ky. 1939 ) (decided under prior law).

The board of education cannot divest a nominated teacher of his rights by postponing its approval of his nomination until after July 1 without legal cause. Beckham v. Kimbell, 282 Ky. 648 , 139 S.W.2d 747, 1940 Ky. LEXIS 235 ( Ky. 1940 ) (decided under prior law).

It is the duty of the superintendent to nominate teachers for the ensuing year, and the duty of the board to accept the nominations, in the absence of cause for rejection, before the beginning of the school year. Duff v. Chaney, 291 Ky. 308 , 164 S.W.2d 483, 1942 Ky. LEXIS 233 ( Ky. 1942 ) (decided under prior law).

A teacher recommended by the superintendent has a vested right to have her nomination recognized by the board before the school year begins. Duff v. Chaney, 291 Ky. 308 , 164 S.W.2d 483, 1942 Ky. LEXIS 233 ( Ky. 1942 ) (decided under prior law).

7. — Approval.

If a nominee possesses the necessary educational and moral qualifications it is the duty of the board to approve of his recommendation. Stith v. Powell, 251 Ky. 155 , 64 S.W.2d 491, 1933 Ky. LEXIS 827 ( Ky. 1933 ) (decided under prior law).

It is ordinarily the duty of the board to employ persons nominated by the superintendent, provided said nominees possess the necessary moral and educational qualifications. Hall v. Boyd County Board of Education, 265 Ky. 500 , 97 S.W.2d 38, 1936 Ky. LEXIS 523 ( Ky. 1936 ) (decided under prior law).

Board members have a discretion in voting on an applicant who is related to one of the board members, notwithstanding the applicant is duly qualified and nominated. Hall v. Boyd County Board of Education, 265 Ky. 500 , 97 S.W.2d 38, 1936 Ky. LEXIS 523 ( Ky. 1936 ) (decided under prior law).

It is the duty of the board to approve appointment of those recommended, except in instances where substantial cause is shown. Amburgey v. Draughn, 288 Ky. 128 , 155 S.W.2d 740, 1941 Ky. LEXIS 62 ( Ky. 1941 ) (decided under prior law).

School board was entitled to reject a recommendation for a continuing contract for a teacher without a finding of cause. Dorr v. Fitzer, 525 S.W.2d 462, 1975 Ky. LEXIS 104 ( Ky. 1975 ) (decided under prior law).

KRS 161.740 providing that “if the teacher is employed by the board” a continuing contract shall be issued, when construed in regard to its relation with this section, means that the board has an open choice whether or not to make the employment that will result in a continuation contract. Dorr v. Fitzer, 525 S.W.2d 462, 1975 Ky. LEXIS 104 ( Ky. 1975 ) (decided under prior law).

8. — Rejection.

Action by teacher whose recommendation for employment had been rejected without cause was primarily against school board, and it was only necessary to join teacher who, through customary mode of appointment, was put in her place, and not teacher who had been given her place by subsequent shifting of teachers. Cottongim v. Stewart, 277 Ky. 706 , 127 S.W.2d 149, 1939 Ky. LEXIS 716 ( Ky. 1939 ) (decided under prior law).

Arbitrary action of school board members in rejecting nominations of teachers by superintendent would be grounds for removal, and would perhaps subject them to liability for loss to school fund by payments to teachers wrongfully employed. Cottongim v. Stewart, 277 Ky. 706 , 127 S.W.2d 149, 1939 Ky. LEXIS 716 ( Ky. 1939 ) (decided under prior law).

Where nominations were presented by superintendent at board meeting, and motion to accept recommendation and employ teachers was lost, the action of the board was a rejection, and later resolutions changing the minutes to show otherwise were ineffective. Cottongim v. Stewart, 277 Ky. 706 , 127 S.W.2d 149, 1939 Ky. LEXIS 716 ( Ky. 1939 ) (decided under prior law).

Where a county has been made one district by the consolidation and abolition of subdistricts, the county superintendent has the authority to nominate teachers, and his recommendations can be rejected only for cause. Cottongim v. Stewart, 277 Ky. 706 , 127 S.W.2d 149, 1939 Ky. LEXIS 716 ( Ky. 1939 ) (decided under prior law).

Nomination under this section of a teacher possessing the requisite qualifications gives him the prima facie right of approval, and the burden of showing legal disqualification rests upon the board of education. Beckham v. Kimbell, 282 Ky. 648 , 139 S.W.2d 747, 1940 Ky. LEXIS 235 ( Ky. 1940 ) (decided under prior law).

The power of the board of education to disapprove prospective teachers nominated by the superintendent of schools must not be exercised arbitrarily; the board must show some legal cause for disapproving the persons nominated. Beckham v. Kimbell, 282 Ky. 648 , 139 S.W.2d 747, 1940 Ky. LEXIS 235 ( Ky. 1940 ) (decided under prior law).

General conclusions by board of education that certain certified persons nominated as teachers were not “fit” or “suitable” did not show sufficient legal cause for rejection of nominations. Beckham v. Kimbell, 282 Ky. 648 , 139 S.W.2d 747, 1940 Ky. LEXIS 235 ( Ky. 1940 ) (decided under prior law).

Although teacher whose recommendation for position of principal was unlawfully rejected had not suffered any monetary loss because she was employed as ordinary teacher at same salary as principal, and although term for which recommendation was made had expired at time of appeal to court of appeals, teacher was nevertheless entitled to judgment holding that board acted beyond its legal duty in rejecting recommendation, and should have granted her a contract as principal. O'Daniel v. McDaniel, 290 Ky. 77 , 160 S.W.2d 331, 1942 Ky. LEXIS 345 ( Ky. 1942 ) (decided under prior law).

It is mandatory duty of a board of education to elect a recommendee of its superintendent, if such recommendee possesses the necessary moral and educational qualifications, and in passing on any recommendations made by its superintendent, no board has the right to arbitrarily reject a recommendee, but it is limited in its right of rejection, in the exercise of sound discretion, to determine whether the recommendee is morally fit or educationally qualified for the position to which he is recommended. Smith v. Beverly, 314 Ky. 651 , 236 S.W.2d 914, 1951 Ky. LEXIS 719 ( Ky. 1951 ) (decided under prior law).

9. — Withdrawal.

A superintendent may withdraw a nomination at the meeting at which it is considered. Stith v. Powell, 251 Ky. 155 , 64 S.W.2d 491, 1933 Ky. LEXIS 827 ( Ky. 1933 ) (decided under prior law).

Upon rejection of a nominee by the board, the superintendent may withdraw said nomination, and nominate another. Hale v. Board of Education, 254 Ky. 96 , 70 S.W.2d 975, 1934 Ky. LEXIS 16 ( Ky. 1934 ) (decided under prior law).

10. — Transfers.

Even though teachers’ tenure law provides that upon recommendation of the superintendent a teacher eligible for continuing service status shall be reemployed, it did not mean that he must be employed to teach in the same school in which he taught the preceding year and where the county is in one district by virtue of consolidation and abolition of districts superintendent has the authority by this section to transfer teachers, subject to the approval of the board, and a teacher eligible for continuing service status may be assigned to any school in the district. Ritchie v. Dunn, 297 Ky. 410 , 180 S.W.2d 284, 1944 Ky. LEXIS 738 ( Ky. 1944 ) (decided under prior law).

This section does not contain any direction, or even any suggestion, as to the time at which a transfer must or may be made. Board of Education v. Hogge, 239 S.W.2d 459, 1951 Ky. LEXIS 885 ( Ky. 1951 ) (decided under prior law).

The board of education has the right at any time during the school year, upon recommendation of the superintendent, to transfer a principal from one school to another. Board of Education v. Hogge, 239 S.W.2d 459, 1951 Ky. LEXIS 885 ( Ky. 1951 ) (decided under prior law).

A principal holding a continuing contract could be transferred to a teaching position in another school, but his teaching salary could not be reduced. Board of Education v. Hogge, 239 S.W.2d 459, 1951 Ky. LEXIS 885 ( Ky. 1951 ) (decided under prior law).

The county board of education had the right to transfer school principal from one position to another and where board agreed to keep him as teacher but he declined and obtained employment elsewhere he could not recover for breach of contract. Welch v. Board of Education, 247 S.W.2d 536, 1952 Ky. LEXIS 722 ( Ky. 1952 ) (decided under prior law).

Where a contract stated that if a teacher was transferred to a less convenient school, facts as to the cause of the transfer must be shown but that the superintendent had the final say, showing of cause was for the information of the teacher, not as a condition of the validity of the transfer. Snapp v. Deskins, 450 S.W.2d 246, 1970 Ky. LEXIS 436 ( Ky. 1970 ) (decided under prior law).

Where, in an action to enjoin the school board from transferring school employees, the evidence would authorize a finding of arbitrariness, the case was remanded for a decision as to whether each individual case was arbitrary. Snapp v. Deskins, 450 S.W.2d 246, 1970 Ky. LEXIS 436 ( Ky. 1970 ) (decided under prior law).

Where school board minutes did not indicate that transfer of principal was on recommendation of superintendent, evidence outside the minutes of the board could not be utilized to prove that the transfer was with the recommendation of the superintendent as required by this section, and the Circuit Court erred in failing to hold the transfer void. Stafford v. Board of Education, 642 S.W.2d 596, 1982 Ky. App. LEXIS 267 (Ky. Ct. App. 1982) (decided under prior law).

Under the language of this section, the board is under an obligation to act on the superintendent’s recommendation regarding the transfer of teachers, either affirmatively or negatively; failure to so act, whether by postponement or by a deadlocked vote, renders any attempted transfer invalid. Burkhart v. Board of Education, 649 S.W.2d 855, 1983 Ky. App. LEXIS 286 (Ky. Ct. App. 1983) (decided under prior law).

This section requires that the transfer of any teacher be made only upon the recommendation of the superintendent, subject to the approval of the board; accordingly, where the superintendent recommended the transfer of two (2) teachers but the board failed to approve the transfer because of a deadlocked vote such deadlock did not constitute approval under the terms of this section, and consequently, the attempted transfer was invalid. Burkhart v. Board of Education, 649 S.W.2d 855, 1983 Ky. App. LEXIS 286 (Ky. Ct. App. 1983) (decided under prior law).

11. — — Arbitrariness.

A mere showing by school employees that the school board gave no legitimate reasons for the transfers would not be enough, in the absence of a showing of circumstances attending the transfer such as would raise an inference of arbitrariness. Snapp v. Deskins, 450 S.W.2d 246, 1970 Ky. LEXIS 436 ( Ky. 1970 ) (decided under prior law).

The strength of the inferences of arbitrariness is to be measured in the light of the very broad discretionary authority necessarily vested in the superintendent and board of education in the administration of the schools. Snapp v. Deskins, 450 S.W.2d 246, 1970 Ky. LEXIS 436 ( Ky. 1970 ) (decided under prior law).

12. — — Justification.

The burden is not on the board, initially, to justify the transfers of employees, and the burden will shift to the board only when the complaining employees have made an affirmative showing of nonjustification. Snapp v. Deskins, 450 S.W.2d 246, 1970 Ky. LEXIS 436 ( Ky. 1970 ) (decided under prior law).

13. — Review by State.

The provision of this section for review of the refusal by a board of education to approve teachers nominated by the superintendent is for the purpose of settling bona fide differences of opinion between the superintendent and the board of education; where the board has refused its approval without legal cause, the rejected nominee may bring an action of mandamus. Beckham v. Kimbell, 282 Ky. 648 , 139 S.W.2d 747, 1940 Ky. LEXIS 235 ( Ky. 1940 ) (decided under prior law).

Where a local board refuses approval of superintendent’s recommendations without legal justification and the party aggrieved has resorted to the courts for relief, jurisdiction attaches and the provision for appeal to the State Board of Education is no longer applicable. Board of Education v. Miller, 299 S.W.2d 626, 1957 Ky. LEXIS 417 ( Ky. 1957 ) (decided under prior law).

14. Rights of Employee.

When approval of nominations is arbitrarily refused, the law will imply a contract which may be specifically enforced, and for breach of which damages may be allowed against the board members individually to the extent to which damage could not be minimized by the nominee, the burden of proving an effort to minimize damages being on the nominee. Amburgey v. Draughn, 288 Ky. 128 , 155 S.W.2d 740, 1941 Ky. LEXIS 62 ( Ky. 1941 ) (decided under prior law).

Teacher whose nomination has been wrongfully rejected or ignored has no cause of action against members of board individually until they have caused payments to be made to another teacher employed for the same position. Duff v. Chaney, 291 Ky. 308 , 164 S.W.2d 483, 1942 Ky. LEXIS 233 ( Ky. 1942 ) (decided under prior law).

Superintendent who recommends teacher in place of one whose nomination by former superintendent was wrongfully rejected is personally liable in damages. Duff v. Chaney, 291 Ky. 308 , 164 S.W.2d 483, 1942 Ky. LEXIS 233 ( Ky. 1942 ) (decided under prior law).

A teacher whose nomination has been wrongfully rejected or ignored by the board has the right, before the board has employed and paid another teacher in her place, to compel the board by suit for specific performance to accept her recommendation; if she waits until after the board has employed and paid the other teacher she has no cause of action against the board as such, but has a cause of action for damages against members of the board individually, and against the superintendent who recommended the substitute, and her failure to bring suit for specific performance before employment of the substitute does not constitute laches. Duff v. Chaney, 291 Ky. 308 , 164 S.W.2d 483, 1942 Ky. LEXIS 233 ( Ky. 1942 ) (decided under prior law).

Teacher, who was not employed by the school board under a continuing contract although she had taught in the system for four years and her name appeared on the superintendent’s list as eligible for a continuing contract, was not deprived of a vested right to a teaching position without notice and a hearing since the provisions of this section did not apply. Dorr v. Fitzer, 525 S.W.2d 462, 1975 Ky. LEXIS 104 ( Ky. 1975 ) (decided under prior law).

15. Teaching Credentials.

A school board may employ a nurse and teacher of health and physical education, and such person need not have teaching credentials. Board of Education v. Simmons, 245 Ky. 493 , 53 S.W.2d 940, 1932 Ky. LEXIS 625 ( Ky. 1932 ) (decided under prior law).

School principal did not have authority to bind a local school board and a school superintendent to pay a school employee retroactive pay at a certified teacher’s salary for a period when the employee did not have certification, and summary judgment in favor of the board and the superintendent was warranted. Springer v. Bullitt County Bd. of Educ., 196 S.W.3d 528, 2006 Ky. App. LEXIS 183 (Ky. Ct. App. 2006) (decided under prior law).

16. Necessity for Contract.

A person legally qualified and properly nominated, whose name has not been withdrawn, has a vested right to perform the duties of the position and receive the emoluments thereof, whether or not a contract has been executed and approved by the board. Amburgey v. Draughn, 288 Ky. 128 , 155 S.W.2d 740, 1941 Ky. LEXIS 62 ( Ky. 1941 ) (decided under prior law).

17. Erroneous Designation of Position.

The fact that an employee was designated erroneously as superintendent instead of principal is immaterial. Sugg v. Board of Trustees, 255 Ky. 356 , 74 S.W.2d 198, 1934 Ky. LEXIS 236 ( Ky. 1934 ) (decided under prior law).

18. County Superintendent.
19. — Time for Appointments.

A county superintendent of schools may be appointed prior to the first day of April in the year in which his term begins provided the appointment is made by the same board that is authorized to act when the vacancy actually occurs but this does not mean that the personnel of the board must remain the same but that members in office at the time the appointment is made must extend beyond the date when the term of the appointed officer begins. Maynard v. Allen, 276 Ky. 485 , 124 S.W.2d 765, 1939 Ky. LEXIS 547 ( Ky. 1939 ).

20. — Removal.

A charge that county superintendent as secretary of the board of education sent to the State Board of Education a statement in writing that the board had elected a director of pupil personnel when the board had not only failed to do so but had refused to do so constituted sufficient charges for removal of the county superintendent by the county board of education. Starns v. Board of Education, 280 Ky. 747 , 134 S.W.2d 643, 1939 Ky. LEXIS 212 ( Ky. 1939 ).

Former superintendent, despite contract provision calling for her return to her previous position of assistant superintendent upon termination for any reason, was not entitled to position of assistant superintendent because the formalities concerning her initial appointment were not fulfilled and school board was incapable of ratifying such appointment as it had no power of appointment. Tolliver v. Harlan County Bd. of Educ., 887 F. Supp. 144, 1995 U.S. Dist. LEXIS 8019 (E.D. Ky. 1995 ).

21. Liability for Removal.

Superintendent was not held to have acted as a “final policymaker” in removing plaintiff from her position as secretary to the high school principal and refusing to recommend her for any other position. Therefore, his actions were not those of the county board of education and board could not be held liable in plaintiff’s § 1983 action. Adkins v. Board of Educ., 982 F.2d 952, 1993 U.S. App. LEXIS 30 (6th Cir. Ky. 1993 ).

22. Liability of Local Boards of Education.

Even after passage of the Kentucky Education Reform Act on July 13, 1990, which expanded state control of local boards of education, the Kentucky local boards of education are not arms of the state and, thus, they are not entitled to Eleventh Amendment immunity. Tolliver v. Harlan County Bd. of Educ., 887 F. Supp. 144, 1995 U.S. Dist. LEXIS 8019 (E.D. Ky. 1995 ).

Summary judgment in favor of county board of education in the employee’s 42 USCS § 1983 action alleging a First Amendment claim and a state whistleblower claim was reversed because the employee’s concerns fell within the mixed speech category because community had an interest in knowing how the district’s teachers were hired and when the district did not follow state law or its own hiring practices under KRS 160.380(2)(a), (b); likewise, a school district making purchases without approval, not accounting for funds earmarked for a specific purpose, and not balancing sections of the budget would affect and interest the community taxpayers. Banks v. Wolfe County Bd. of Educ., 330 F.3d 888, 2003 FED App. 0184P, 2003 U.S. App. LEXIS 11292 (6th Cir. Ky. 2003 ).

23. Workers' Compensation.

Band instructor who began working for a board of education under an oral contract and who was injured in the course of his duties was an “employee” under KRS 342.640 for purposes of workers’ compensation benefits even though the formalities of KRS 160.380 regarding his hiring (in particular, a contract signed by the board superintendent) were not completed until three (3) months after the injury. Pike County Bd. of Educ. v. Mills, 260 S.W.3d 366, 2008 Ky. App. LEXIS 245 (Ky. Ct. App. 2008).

Cited:

Bernard v. Humble, 298 Ky. 74 , 182 S.W.2d 24, 1944 Ky. LEXIS 842 ( Ky. 1944 ); Taylor v. Hampton, 271 S.W.2d 887, 1954 Ky. LEXIS 1057 ( Ky. 1954 ); Hogan v. Kentucky State Board of Education, 329 S.W.2d 563, 1958 Ky. LEXIS 6 ( Ky. 1958 ); Miller v. Board of Education, 54 F.R.D. 393, 1971 U.S. Dist. LEXIS 14508 (D. Ky. 1971 ); Craig v. Kentucky State Bd. for Elementary & Secondary Educ., 902 S.W.2d 264, 1995 Ky. App. LEXIS 124 (Ky. Ct. App. 1995); Bailey v. Floyd County Bd. of Educ., 106 F.3d 135, 1997 FED App. 39P, 1997 U.S. App. LEXIS 1516 (6th Cir. 1997); Ky. Exec. Branch Ethics Comm'n v. Wooten, 465 S.W.3d 453, 2014 Ky. App. LEXIS 158 (Ky. Ct. App. 2014).

Opinions of Attorney General.

While there are no express provisions which would prohibit an outgoing superintendent from recommending himself for a position as principal, an outgoing superintendent is prohibited from taking official action on his own employment. OAG 60-451 .

The phrase “and other public school employe” as used in this section, includes the position of director of pupil personnel, and the board of education must accept the recommendation of an outgoing superintendent unless the nominee is found to be morally unfit or educationally unqualified. OAG 60-451 .

A board of education is not required to advertise for bids in the selection of school bus drivers. OAG 61-634 .

The employment of school bus drivers is not within the purview of either former law identical to present KRS 162.070 or 424.260 . OAG 61-634 .

An attorney engaged by a county board of education is not a “public school employee” within the meaning of this section and may be engaged without the recommendation of the school superintendent. OAG 67-84 .

Where the superintendent in the proper exercise of discretion does not recommend a particular certified teacher for a certain vacancy, it is not legally possible to employ that teacher in that district and for the purposes of KRS 161.100 , no qualified teacher is available. OAG 69-389 .

The failure of the board to review and approve the transfers of two (2) teachers from one school to another would not of itself invalidate the transfers unless it could be shown that the teachers were improperly transferred to a position to which they were not qualified, or that the transfers were made arbitrarily or solely for political or improper purposes. OAG 71-431 .

The movement of two (2) teachers from one school to another in the same school district would constitute a transfer as referred to in this section. OAG 71-431 .

When the superintendent and the majority of the board of education are stalemated to the extent that the board will not approve any recommendation for a certain position made by the superintendent, the matter may be submitted to State Board of Education pursuant to this section. OAG 73-333 .

A board of education would be acting at its peril, both as a board and as individual members, if it dismissed any employee without the superintendent’s recommendation and without being able to show sufficient cause although this section leaves open the question of whether the dismissal of a nontenured employee must be recommended by the superintendent. Ky. Const., § 2 has been frequently interpreted to forbid a public body from exercising arbitrary power. OAG 73-366 .

As the superintendent is the executive agent of the board of education and has the responsibility to carry out the lawful orders of the board, the order of the board eliminating the position of deputy superintendent for the year 1973-74 and to so notify the incumbent is a lawful order but the incumbent must be notified by May 15 that his salary for the next year will be reduced or he will be entitled to at least the same salary he received during the present year. OAG 73-378 .

When a board of education officially decides to eliminate a position or not to fill a position for the coming year and to employ the person filling the eliminated position in a position of reduced responsibility and salary, it is necessary that the employee be notified that his position and salary will be reduced for the coming year before May 15 and the superintendent and the board will then have until July 1 to decide on the new position for said employee. OAG 73-378 ; 76-360.

While a board of education may act only upon the recommendations of the superintendent as to the placement of teachers and other certificated personnel in specific positions in specific schools, it is the board ultimately which must approve such assignments and must give notice to the teachers and other personnel as to their assignment and a superintendent may not place teachers and other certificated personnel in specific jobs in specific schools without the approval of the board of education. OAG 73-523 .

While noncertificated employees of the school district may be employed only upon the recommendation of the superintendent, the superintendent may not employ an individual he has recommended without the approval of the board of education. If the board rejects the superintendent’s recommendation, the superintendent may recommend another person for the said position. The board of education may continue to reject the superintendent’s recommendations but may not employ a person for the said position that the superintendent has not recommended. It is only when the superintendent and the majority of the board of education are stalemated to the extent that the board will not approve any recommendations for a certain position made by the superintendent that the matter may be submitted to the State Board of Education for resolution. OAG 73-523 .

Before a teacher acquires tenure, the school administration need not make a finding as to the moral fitness of a teacher in order to elect that the teacher shall not be reemployed but may base their decision upon fitness to teach. OAG 74-575 .

If a teacher can make a case of arbitrary action against him by the local school board or by the State Board of Education, he may obtain relief in court despite the provision that the decision of the State Board shall be final. OAG 74-575 .

The State Board of Education sits as an administrative body not as a judicial body and the hearing is not designed to satisfy the requirements of due process of law. OAG 74-575 .

The board’s failure to act decisively on the superintendent’s recommendation before May 15 will result in the reemployment of a currently employed teacher for the ensuing school year. OAG 74-661 .

If an outgoing superintendent has recommended the appointments of noncertified personnel and the board desires to approve these recommendations, there is nothing that may be done by the new superintendent, but the superintendent has the power to remove clerks at pleasure. OAG 76-290 .

Unless a recommended position reassignment for a certified employee is made and approved by the board of education before July 15, these positions would stand unchanged for the next school year. OAG 76-360 .

A board of education cannot lawfully contract away amendatory obligation of approval given it by the statutes and, therefore, any contractual provisions of a superintendent’s contract in derogation of the expressed statutory outline of powers and duties of a superintendent of a public common school system and a local board of education would be void. OAG 76-360 .

A local board of education may create and dispose of administrative positions without a recommendation of the superintendent; however, when an administrative position is created, it is the responsibility of the superintendent to recommend an individual to that position. OAG 77-114 .

While an advisory search committee may be established by the board of education to assist the superintendent in seeking out qualified individuals for a position in the school system, in the end it is the superintendent alone who decides who will be recommended to the board to fill a position. OAG 78-41 .

A board of education may reject a recommendation or nomination by the local superintendent, whether it is of a certified or classified employee, only for a legal cause of substantial nature relating to and affecting the carrying out of the position for which the individual was recommended. OAG 79-78 .

A local board of education may not reject a superintendent’s recommendation regarding personnel employment or appointment for just any reason it chooses, and the reasons for such rejection must be based in good faith on legal causes in order for the rejection to have legal justification. OAG 79-78 .

In situations where the board has in good faith, based upon legal causes, rejected the recommendations of a superintendent, it behooves the local board to take the matter to the state board for review. OAG 79-78 .

A local board of education can direct the superintendent to make a recommendation relative to a teacher’s contract since a recommendation is required by law and may be a part of appropriately adopted local board policies; the refusal by a superintendent to make a recommendation could be considered legal cause for the superintendent’s removal. OAG 80-205 .

Although a superintendent could refuse to make a recommendation to the board of education regarding the renewal or not of a teacher’s contract, such refusal would be a neglect of a lawfully imposed duty. OAG 80-205 .

Being a jailer and a school bus driver at the same time involves no statutory incompatibility. However, it is possible that such dual roles will, in a particular county, present a common law incompatibility in that the jailer may not be able to execute both functions in the manner required by law. OAG 82-452 .

A board of education cannot discuss the “hiring, firing, promotion or discipline” of individual employees without first receiving a recommendation from the superintendent. OAG 83-379 .

The superintendent must make an unequivocal recommendation on personnel matters before the board goes into closed session to discuss specific individuals, and the superintendent’s list of teachers to be employed or not employed is not to be composed in conference between the superintendent and the board. OAG 83-379 .

When the legislature provided the superintendent with discretion to recommend a candidate to the board for appointment, the legislature did not choose to restrict the superintendent to one individual; beyond consideration of minimum requirements, set by law, the exercise of discretion necessitates freedom to choose, and where a qualified candidate is related to a board member, the superintendent is not precluded from recommending that candidate, despite the relationship, nor is the board precluded from approving that candidate if it so chooses. OAG 89-58 .

Relationships by marriage must be expressly included in a statute to fall within the statutory requirements. OAG 90-68 .

The term “aunt” does not include aunts by marriage, particularly where a statute has expressly prohibited certain relationships by marriage. OAG 90-68 .

If a superintendent who received his contract from the local board of education in July, 1989 were to remain superintendent on July 1, 1991, the spouse who has been a classified employee for five years will not be eligible to retain employment under the exception of this section pertaining, generally, to relatives; however, if the spouse has 20 or more years of service in school systems, then that spouse would be eligible to retain employment so long as she would not be supervising other classified employees. OAG 90-94 .

Spouses are eligible for the first exception set forth pertaining to relatives in subsection (2)(e) of this section; that is, spouses, along with other qualified relative who are employees of the district prior to July 13, 1990 and who are certified employees, may retain their positions so long as their spouse, the superintendent, holds office on July 1, 1991, and any spouse of a superintendent who is unable to retain employment under the exception pertaining, generally, to relatives, may be eligible to retain employment under the second exception which pertains to both certified and classified employees by having 20 or more years of service in school systems. OAG 90-94 .

The Kentucky Education Reform Act of 1990 clearly provides, in transitional sections, that incumbent members of school boards are eligible both to serve out the remainder of their terms, and to run for re-election, despite having relatives who were hired during their tenure employed by the school district; however, the elected candidate will not be eligible to take the oath of office and to serve as a board member unless the relatives first resign from employment. OAG 90-109 .

If superintendent’s wife’s employment by the school district does not qualify under one of the two (2) exemptions contained within subdivision (2)(e) of this section, the school board would be required to terminate superintendent’s employment or spouse’s employment effective July 1, 1991. OAG 90-130 .

Where a board member has served continuously as a member of the local Board of Education from 1955 up to present and ran for re-election in the fall of 1990, and where his spouse worked for the Board of Education as a teacher in 1948-49, before the two were married and the spouse returned to work as a teacher from 1956-1985 and returned in 1986 and is currently employed as a teacher, the spouse’s “initial employment” would be when the spouse most recently came on board and remained continuously employed, that being the school year of 1986-87, and, as the board member became a member of the board in 1955, and the spouse subsequently became employed, the spouse could continue to be employed only for the remainder of the board member’s current term which ended December 31, 1990. OAG 91-10 .

The term “principal’s spouse” does not include spouses of an assistant principal, particularly where this section has expressly prohibited certain relationships; had the legislature wished to include spouses of assistant principals the legislature would have done so. OAG 91-13 .

Because a classified school employee who is a principal’s spouse is not included in the statutory exception, there are no conditions under which a classified spouse of a principal may work in his or her spouse’s school, but a certified school employee who is the principal’s spouse may work in his or her spouse’s school if: (1) the certified spouse was employed in the principal’s school during the 1989-90 school year; and (2) there is no position for which the certified spouse is certified to fill in another school operated in the district. OAG 91-28 .

The requirements of subsection (2)(g) apply to all school employees, whether the employees are certified or classified. OAG 91-28 .

The use of the word “certified” in the language of the exception in subsection (2)(g) limits the application of this exception to certified employees, therefore, the phrase, “for which the spouse is certified to fill,” indicates that the spouse must be certified to fill some position in the school district for this exception to apply to the spouse. OAG 91-28 .

The application of the exception under subdivision (2)(g) of this section depends only on whether a position exists in another school, not on whether a vacancy exists in another school and if an appropriate position exists in another school in the district, then the certified spouse must be transferred to that position; an individual occupying the position that is needed for the principal’s spouse must also be transferred to accommodate the transfer of the principal’s spouse. OAG 91-28 .

Where the spouse of a superintendent, assuming such spouse had been employed for 20 years or more in the school system, was employed by a school system on July 1, 1990, as a food service director and assuming such position was not supervisory but rather a liaison role, the school board would be able to continue to employ her as food service director after July 1, 1991, without violating subdivision (2)(e) of this section, but if the facts of spouse’s employment are contrary to either of these assumptions, then her continued employment after July 1, 1991, could violate subdivision (2)(e) of this section. OAG 91-64 .

Assuming that a school council exists, subdivision (2)(a) of this section, which gives the authority and responsibility for all appointments and promotions of teachers and other public school employees to the superintendent, is qualified by KRS 160.345(2)(g) and (i) (now 160.345(2)(f) and (h)) to the extent that the superintendent recommends applicants to a particular school and the principal fills the vacancies after consultation with the school council. Therefore, when an initial assignment or the filling of a vacancy is involved, the principal and council make personnel decisions upon receiving the list of recommended applicants from the superintendent. OAG 91-122 .

A superintendent may change assignments of personnel prior to July 16 without creating “vacancies” as defined by subsection (1)(b) (now (1)(c)) of this section, but after July 15, when positions are occupied by personnel as assigned by the superintendent, and when certified position openings occur due to resignation, dismissal, transfer, death, nonrenewal of contract, or creation of new positions, those openings constitute “vacancies” under subsection (1)(b) (now (1)(c)) of this section. OAG 91-149 .

Coaches’ positions must be handled the same as other extra-duty or extra-curricular assignments in that the distinction to be made is whether the extra duties are added to a new or vacant full-time position or to a separate position as opposed to whether the extra duties are merely assigned to the incumbent of a full-time position. OAG 91-149 .

Employment of teachers is deemed to be employment in the district, not in a particular position or school, consequently, assignments of position and school, under certain conditions, do not constitute transfers when those assignments are different from previous assignments of position and school. OAG 91-149 .

Generally, paid extra-duty or extra-curricular assignments do not have to be posted in accordance with this section. OAG 91-149 .

The superintendent may post extra-duty or extra-curricular assignments which are to be assigned to the incumbent of a full-time position to ensure that anyone who is interested in being considered for the assignments may apply. OAG 91-149 .

To the extent that a separate position is created for the purpose of hiring an individual to provide duties which cannot be carried out by a full-time member of the faculty, then the extra-duty or extra-curricular assignments would be posted as part of that position. OAG 91-149 .

When extra duties are merely additional assignments, posting of those assignments is not required under the provisions of subsections (2)(a) through (c) of this section, however, when a full-time position is created or becomes vacant, to the extent that extra-duty or extra-curricular assignments are considered to be attached to the full-time new or vacant position, then the extra-duty or extra-curricular assignments would be posted as part of the new or vacant full-time position. OAG 91-149 .

Where a superintendent contemplates filling an opening created by resignation by transferring another teacher into that position; filling the second opening by transferring another teacher into the second position, and contemplates advertising the third opening for which he has no specific hiring plan, it is necessary to post each vacancy as it occurs after July 15 of each school year. OAG 91-149 .

Where an interim superintendent’s spouse does not have 20 years’ service in school districts, the spouse is not required to resign, so long as the interim superintendent is not a candidate for permanent appointment, and serves only for the brief period necessary to appoint a permanent superintendent, not to exceed 6 months. OAG 91-179 .

The terms “brother” and “sister” include half-brother and half-sister, but not step-daughter or step-son. OAG 91-206 .

A teacher and athletic director in a junior high school who accepts a position in a new high school as teacher and athletic director has not necessarily experienced a promotion; the change may simply be a transfer. OAG 92-1 .

Extra-service positions involve payment for additional tasks that a teacher assumes, such as coach or yearbook sponsor, and to conclude that any assumption of special tasks within the school would constitute promotion, when the level of duties may not change in a material way, and when the compensation is small, would appear to be unduly burdensome; therefore, whether assumption of an extra-service position constitutes a promotion will require analysis of the level of duties and responsibilities and of the level of compensation, as well, perhaps, of the manner in which such positions are assumed; without facts to indicate a material and permanent change in duties, extra-service positions would not constitute promotions. OAG 92-1 .

The assumption of teaching duties in a full-time position by a former substitute teacher does not necessarily constitute a promotion, as substitute teaching may include part-time or full-time duties, similar in nature to the duties assumed in a regular full-time position; the determination of whether or not a promotion has occurred will depend on the facts of the individual case in question. OAG 92-1 .

Under subsection (2)(e) of this section, as of July 1, 1991, a superintendent has been prohibited from employing a relative in the school district. The prohibition does not apply to a superintendent’s spouse who has 20 years of service in school systems so long as the superintendent’s spouse does not supervise anyone other than teacher aides and student teachers. OAG 92-45 .

Subsection (2)(e) of this section prohibits supervisory responsibility that is regular and permanent, and not to encompass the occasional episodes that may occur when one acts, temporarily, in the place of the principal. OAG 92-45 .

A superintendent can transfer a principal from site based school A to site based school B upon the retirement of the current principal in school B, without council approval, making a vacancy in site based school A, if schools A and B are not school-based decision making schools. OAG 92-78 .

The superintendent has ultimate authority over personnel decisions affecting non-certified or classified staff in the school district. Nevertheless, principals and school councils share responsibility over certain personnel decisions, related to classified employees. OAG 92-135 .

It is consistent with the goals of KERA for a superintendent to receive input from a council-elect prior to selecting a principal for its school in the event there is a vacancy in the spring before council members’ terms officially begin. However, the final decision will remain with the superintendent. OAG 93-31 .

A vacancy, as defined by KRS 160.380(1)(b) (now (1)(c)), can occur at any time during the year, not just after July 15. As a general rule, when a vacancy occurs in a local school district, the superintendent must notify the Kentucky Department of Education, and post the position opening in the local school board office for thirty (30) days before filling the position. OAG 97-7 , withdrawing, in pertinent part, OAG 91-149 .

A school superintendent cannot promote his son to assistant principal in the same school district; changing from the position of teacher to assistant principal constitutes a promotion, regardless of whether there is a corresponding salary increase, and a superintendent is prohibited by subsection (2)(e) from promoting a relative. OAG 99-6 .

The Jefferson County Public School System’s current method of annually posting job vacancies for certified positions on a district wide basis, followed by posting of specific school building jobs as they are known to be available, complies with the requirements of KRS 160.380 . OAG 10-003 .

HB 176 (2010, ch. 1) does not specify a mechanism by which retention decisions must be made. HB 176 does not prohibit the superintendent from developing a collaborative model that involves a committee making a recommendation on retention decisions. Parties to a teacher collective bargaining agreement may collaborate and otherwise agree to apply provisions of the collective bargaining agreement as long as those agreements do not violate the express provisions of HB 176. OAG 12-003 , 2012 Ky. AG LEXIS 47.

The Board must disclose the national and state criminal history background checks, required by KRS 160.380 as a condition of employment, that are located in the personnel file. Given the compelling public interest in confirming that school employees charged with the supervision and education of our students are of good character, the absence of any statutory restriction on access, and the failure of the Board to articulate a specifically protected privacy interest relative to these records, their disclosure does not constitute a clearly unwarranted invasion of personal privacy within the meaning of KRS 61.878(1)(a). OAG 03-ORD-141.

Research References and Practice Aids

Cross-References.

Deduction from salaries for teachers’ retirement fund, KRS 161.560 .

School employees, provisions as to, KRS Ch. 161.

Teachers’ tenure law, KRS 161.720 to 161.810 .

Kentucky Bench & Bar.

Kirby, School-Based Decision Making, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 15.

Young, Who’s the Boss?, Vol. 59, No. 4, Fall 1995, Ky. Bench & Bar 10.

Kentucky Law Journal.

Kentucky Law Survey, Bratt, Education, 64 Ky. L.J. 293 (1975-76).

Northern Kentucky Law Review.

Notes, School Law — Nonrenewal of Nontenured Teacher's Contract — Procedural Due Process —Wells v. Board of Regents, 545 F.2d 15, 1976 U.S. App. LEXIS 6054 (6th Cir. 1976) andPlummer v. Board of Regents, 552 F.2d 716, 1977 U.S. App. LEXIS 13918 (6th Cir. 1977), 5 N. Ky. L. Rev. 141 (1978).

160.390. General duties as to condition of schools — Responsibilities — Reports.

  1. The superintendent shall devote himself exclusively to his duties. He shall exercise general supervision of the schools of his district, examine their condition and progress, and keep himself informed of the progress in other districts. He shall prepare or have prepared all budgets, salary schedules, and reports required of his board by the Kentucky Board of Education. He shall advise himself of the need of extension of the school system of the district, shall receive and examine reports from teachers and other school officers, and shall make reports from time to time as required by the rules of his board or as directed by the board. He shall be responsible to the board for the general condition of the schools. He shall be responsible for all personnel actions including hiring, assignments, transfer, dismissal, suspension, reinstatement, promotion, and demotion and reporting the actions to the local board.
  2. All personnel actions by the superintendent as described in subsection (1) shall be recorded in the minutes of the local board of education at the next meeting after the action is taken and shall not be effective prior to receipt of written notice of the personnel action by the affected employee from the superintendent.

History. 4399-34; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. II, § 90, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

  1. Application.
  2. Administrative Duties.
1. Application.

Since superintendent’s action in demoting school administrator was effective when administrator received notice of demotion from superintendent, while KRS 161.765 admittedly provides administrators with enhanced procedural protections, it does nothing to change the effective date of a demotion, and it is that effective date that controls for the purpose of the May 15 deadline set forth in KRS 161.760 and the fact that an administrator might contest the demotion, and thus the action might not become final for some time is of no consequence under subsection (2) of the section. Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

KRS 161.760(2) does not require finality to effect a reduction in salary and by its very terms subsection (2) of this section makes the superintendent’s personnel action effective upon receipt of the written notice by the affected employee; therefore, where administrator received notice of demotion on April 26 followed by a specific statement of reasons for the demotion on May 9, the requirements of KRS 161.760(3) have been met. Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

2. Administrative Duties.

This section requires the superintendent and, necessarily, the assistant superintendent, to devote themselves exclusively to their duties, which are administrative in nature and do not include teaching, and the holding of the incompatible position of teacher operates to prevent a duly appointed assistant superintendent from being entitled to compensation as assistant superintendent. Richardson v. Bell County Board of Education, 296 Ky. 520 , 177 S.W.2d 871, 1944 Ky. LEXIS 572 ( Ky. 1944 ).

Cited:

Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ); Hoskins v. Keen, 350 S.W.2d 467, 1961 Ky. LEXIS 97 ( Ky. 1961 ); Tolliver v. Harlan County Bd. of Educ., 887 F. Supp. 144, 1995 U.S. Dist. LEXIS 8019 (E.D. Ky. 1995 ); Bailey v. Floyd County Bd. of Educ., 106 F.3d 135, 1997 FED App. 39P, 1997 U.S. App. LEXIS 1516 (6th Cir. 1997).

Opinions of Attorney General.

If an outgoing superintendent had recommended the appointments of noncertified personnel and the board desires to approve these recommendations, there is nothing that may be done by the new superintendent, but the superintendent has the power to remove clerks at pleasure. OAG 76-290 .

This section cannot be construed to prohibit or even necessarily curtail the nonschool related activities of a local superintendent of schools. OAG 79-149 .

There is no authority for a Board of Education to retain some right to hear charges concerning classified employees, to make a decision, and later to direct the superintendent on whether or not to dismiss an employee; the only involvement of the board after July 13, 1990 is to receive notice of the action taken by the superintendent. OAG 90-129 .

As an employee of the local board of education, the superintendent is bound to carry out the duties and responsibilities assigned by the board so long as those duties are permissible under the law; the superintendent is to prepare all budgets, salary schedules, and reports required by the local board of education and by the state board of elementary and secondary education. OAG 92-29 .

School board approval is required when the superintendent decides to move the central business office to a new location requiring substantial expenditure of school funds because the movement of the office is not, primarily, a personnel decision, but one involving the management of business affairs; while the superintendent has responsibility for the management of business affairs, that responsibility is subject to the control of the board of education and moreover, the school board has control and management of all school funds, public school property and school facilities; depending on the steps taken, approval of the Department of Education may also be required. OAG 92-65 .

Members of the board of education may only inspect the nonexempt records contained in the personnel files of certified and classified employees. Since the board of education no longer plays any role in personnel actions, it does not enjoy any greater right of access to the files and board’s right to inspect the personnel files of certified and classified employees of the school system is therefore the same as the right of inspection enjoyed by any citizen under this section. OAG 92-141 .

Because classified public school employees have no statutory post-termination remedy, local school boards should enact policies pursuant to KRS 161.011(9)(c) implementing due process hearing procedures applicable to classified employees prior to termination. Minimum standards of due process require reasonable notice of hearing, right to appear and produce evidence, right to call witnesses and conduct cross-examination, right to counsel, impartial decision-maker, and statement of basis for decision. OAG 2005-06 .

Research References and Practice Aids

Cross-References.

Reports of financial matters to State Board of Education, KRS 157.060 .

Superintendent of Public Instruction to supervise financial reports, KRS 156.160 , 156.200 .

Kentucky Bench & Bar.

Kirby, School-Based Decision Making, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 15.

160.395. Duty of superintendents to distribute information to school board and school council members.

  1. Superintendents of public school districts shall distribute the written information provided by the Office of the Attorney General and the Department for Libraries and Archives under KRS 15.257 and 171.223 to each elected school board member and each school council member, as designated in KRS 160.345(2), within their respective districts. Distribution shall be accomplished within sixty (60) days of receiving the written information from the Office of the Attorney General and the Department for Libraries and Archives. Distribution to newly elected or appointed members shall be accomplished within sixty (60) days of their election or appointment. The distribution may be by electronic means.
  2. Superintendents shall require signatory proof that each school board member and school council member has received the written information as required under subsection (1) of this section, shall maintain documentation of receipt on file, and shall certify to the Office of the Attorney General that the written information has been distributed as required.

History. Enact. Acts 2005, ch. 45, § 4, effective June 20, 2005.

160.400. Duties of outgoing superintendent.

An outgoing superintendent shall, before his last month’s salary is paid, make all reports required by law to date of his retirement and shall have information assembled to date of his retirement for any reports to be made by the incoming superintendent.

History. Repealed and reenact. Acts 1990, ch. 476, Pt. V, § 438, effective July 13, 1990.

Compiler’s Notes.

This section (4399-34) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 438, effective July 13, 1990.

160.410. Expenses of superintendent and employees.

A board of education may pay the necessary expenses of its superintendent and other employees when such expenses are incurred on order of the board.

History. Repealed and reenact. Acts 1990, ch. 476, Pt. V, § 439, effective July 13, 1990.

Compiler’s Notes.

This section (4399-35) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 439, effective July 13, 1990.

Opinions of Attorney General.

Where the use of the superintendent of school’s personal car on school business was not considered and approved by the board of education prior to the use, the board could not legally pay the superintendent’s claim for reimbursement. OAG 77-331 .

A school district may not advance money to its employes for travel or other necessary expenses prior to the expense actually being incurred since the applicable statutes contemplate reimbursement, not an advancement of money. OAG 80-395 .

It is within the legal prerogative of the local board to fairly establish the nature of professional activities for which it will be willing to incur expenses. OAG 83-228 .

While there is a legal basis for the expenditure of school moneys for professional activities, a school board is not mandated to approve the incurring of these expenses and costs for reimbursement from school funds. OAG 83-228 .

Within reason, school boards are permitted to bear the direct and indirect expenses incurred by teachers and administrators who attend, after prior approval by the board, professional activities and functions; however, school boards are not wholly unfettered in exercising their discretion in approving attendance at sundry professional activities since Const., §§ 180 and 184 require that school funds may be used only for school purposes, the test being whether the expenditure is for an educational purpose rather than whether an activity might be beneficial to education. OAG 83-228 .

It is legal for a board of education to pay salaries and/or expenses, including travel, lodging, and meals for school administrators to attend business sessions of their respective professional organizations, training and professional improvement meetings conducted by their professional organization and accreditation associations to which their schools or districts belong and/or lobbying activities conducted by their professional associations. OAG 83-228 .

It is legal for a board of education to pay salaries and/or expenses, including travel, lodging, meals, and substitute teachers, for teachers to attend business sessions of their respective professional organizations, training and professional improvement meetings conducted by their professional organization, and/or lobbying activities conducted by their organization. OAG 83-228 .

160.420. Interest in teacher’s claim prohibited. [Repealed.]

Compiler’s Notes.

This section (4399-36) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

160.430. Business directors in cities of the first two classes. [Repealed.]

Compiler’s Notes.

This section (4399-37) was repealed by Acts 1966, ch. 89, § 16.

160.431. School finance officer — Certification requirements — Continuing education — Financial reports.

  1. The local district superintendent shall appoint a finance officer who shall be responsible for the cash, investment, and financial management of the school district.
    1. A person initially employed as a school finance officer on or after July 1, 2015, shall obtain certification from the Department of Education prior to holding the position and entering the duties of the position of school finance officer. (2) (a) A person initially employed as a school finance officer on or after July 1, 2015, shall obtain certification from the Department of Education prior to holding the position and entering the duties of the position of school finance officer.
    2. The Kentucky Board of Education shall promulgate administrative regulations to prescribe the criteria and procedures to be used in the certification process for a school finance officer.
    3. The administrative regulations promulgated under this subsection shall specify:
      1. The initial qualification requirements for school finance officer certification;
      2. The certification application and appeal process; and
      3. The certification renewal process.
  2. The school finance officer shall be required to complete forty-two (42) hours of continuing education every two (2) years from a provider approved by the Department of Education. The Kentucky Board of Education shall promulgate administrative regulations to identify and prescribe the criteria for fulfilling the requirements of this subsection. The administrative regulations shall specify:
    1. The topics of continuing education;
    2. Qualifications for continuing education providers;
    3. Consequences for failure to meet the continuing education requirement; and
    4. Requirements for reinstatement of school finance officer certification.
    1. The finance officer shall present a detailed monthly financial report for board approval to include the previous month’s revenues and expenditures of the district. The monthly report shall be posted on the district’s Web site for a minimum of six (6) months after its approval. (4) (a) The finance officer shall present a detailed monthly financial report for board approval to include the previous month’s revenues and expenditures of the district. The monthly report shall be posted on the district’s Web site for a minimum of six (6) months after its approval.
    2. Within six (6) months following the end of each fiscal year, the finance officer shall submit to the Kentucky Department of Education a detailed annual financial report to include the district’s total assets, liabilities, revenues, and expenditures. The annual report shall be posted on the district’s Web site and department’s Web site for a minimum of two (2) years.
      1. The Department of Education shall review each district’s annual financial report and shall provide, within two (2) months of receipt, the local board of education a written report indicating the financial status of the district. The department’s written report shall be posted on the department’s Web site and the district’s Web site for a minimum of two (2) years. (c) 1. The Department of Education shall review each district’s annual financial report and shall provide, within two (2) months of receipt, the local board of education a written report indicating the financial status of the district. The department’s written report shall be posted on the department’s Web site and the district’s Web site for a minimum of two (2) years.
      2. The commissioner of education shall annually present to the Interim Joint Committee on Education a copy of the department’s written report for each district.
    3. Nothing in this subsection shall lessen the obligation of a school district to publish its financial statements in accordance with KRS 160.463 .

History. Enact. Acts 2000, ch. 389, § 1, effective July 14, 2000; 2014, ch. 136, § 2, effective July 15, 2014; 2018 ch. 171, § 7, effective April 14, 2018; 2018 ch. 207, § 7, effective April 27, 2018.

Legislative Research Commission Notes.

(4/27/2018). This statute was amended by 2018 Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.

160.440. Secretary of board of education.

Each board of education shall appoint a secretary for a term of one (1), two (2), three (3), or four (4) years. The secretary shall not be a member of the board of education. The board of education of any district may appoint its superintendent as secretary. However, a superintendent who serves as secretary to the board shall not receive compensation in addition to that which he receives for serving as superintendent. The board may fix a reasonable salary for the secretary. The secretary shall keep the records of the board and perform other duties imposed upon him by the board. All orders of the board must be signed by the secretary and countersigned by the chairman of the board. The secretary shall be custodian of all securities, documents, title papers, and other papers of the board under such conditions as the board may direct. The secretary, when other than the superintendent, shall make all records of the board available to the superintendent and the board of education at any time and shall furnish the superintendent of schools and the board of education such information as is revealed by the records at any time upon the request of the superintendent or the board of education.

History. 4399-38; amend. Acts 1978, ch. 6, § 1, effective June 17, 1978; 1982, ch. 14, § 1, effective July 15, 1982; 1990, ch. 476, Pt. II, § 91, effective July 13, 1990.

NOTES TO DECISIONS

  1. Superintendent as Secretary.
  2. Notice of Special Meetings.
  3. Custodian of Records.
  4. Recordation of Charges upon Minutes.
1. Superintendent as Secretary.

Where all five (5) members of the board of education were present at meeting where superintendent was appointed secretary of the board, but due to the fact that the vote of one member should have been disregarded since her election had been declared invalid by the court, the vote on the motion to appoint superintendent as secretary would have been a tie vote, the appointment of the superintendent as secretary was an invalid appointment. Board of Education v. Nevels, 551 S.W.2d 15, 1977 Ky. App. LEXIS 690 (Ky. Ct. App. 1977).

2. Notice of Special Meetings.

Notices of special meetings may be delivered by the secretary. Board of Education v. Stevens, 261 Ky. 475 , 88 S.W.2d 3, 1935 Ky. LEXIS 678 ( Ky. 1935 ).

3. Custodian of Records.

The secretary is custodian of the records of the board, and acts under the supervision of the superintendent. Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

4. Recordation of Charges upon Minutes.

Failure of the secretary to record charges upon the minutes does not deprive the board of its right to hear and try the charges against an employee. Hunter v. Board of Education, 265 Ky. 162 , 96 S.W.2d 265, 1936 Ky. LEXIS 453 ( Ky. 1936 ).

Opinions of Attorney General.

The secretary to the board of education is not a public officer within the meaning of Ky. Const., § 235 and consequently, subject to the general principles of contract law, the salary of the secretary may be changed during his term. OAG 60-480 .

The secretary of a board of education is an employee and not an officer and, by mutual agreement, his contract may be renegotiated both as to salary and to length of term of office. OAG 61-509 .

If the superintendent of schools is also the secretary of the board, he or she shall not meet with the board when the superintendent’s tenure, salary or the administration of his office is under consideration, for while the two positions of superintendent and secretary may be separable, the body cannot be; in this situation a temporary secretary should be appointed to take the minutes of the board’s proceedings. OAG 78-274 .

Serving as a legal assistant is not a legitimate duty to be imposed upon the secretary to the local board of education. OAG 78-274 .

The amendment of this section by Acts 1990, ch. 176, pt. II, § 91, which provided that a superintendent may not be paid for secretarial duties performed for the board of education, terminates a contract between a superintendent and a school board that allows the superintendent to be paid for serving as secretary to the board; however, compensation already paid to a superintendent for performance of a pre-existing contract since adoption of the Kentucky Education Reform Act need not be refunded since no legal recovery can be had a subsequent illegal performance. OAG 91-63 .

160.445. Sports safety course required for interscholastic athletics coaches — Training and education on symptoms, treatment, and risks of concussion — Venue-specific emergency action plans.

    1. The Kentucky Board of Education or organization or agency designated by the board to manage interscholastic athletics shall require each interscholastic coach to complete a sports safety course consisting of training on how to prevent common injuries. The content of the course shall include but not be limited to emergency planning, heat and cold illnesses, emergency recognition, head injuries including concussions, neck injuries, facial injuries, and principles of first aid. The course shall also be focused on safety education and shall not include coaching principles. (1) (a) The Kentucky Board of Education or organization or agency designated by the board to manage interscholastic athletics shall require each interscholastic coach to complete a sports safety course consisting of training on how to prevent common injuries. The content of the course shall include but not be limited to emergency planning, heat and cold illnesses, emergency recognition, head injuries including concussions, neck injuries, facial injuries, and principles of first aid. The course shall also be focused on safety education and shall not include coaching principles.
    2. The state board or its agency shall:
      1. Establish a minimum timeline for a coach to complete the course;
      2. Approve providers of a sports safety course;
      3. Be responsible for ensuring that an approved course is taught by qualified professionals who shall either be athletic trainers, registered nurses, physicians, or physician’s assistants licensed to practice in Kentucky; and
      4. Establish the minimum qualifying score for successful course completion.
    3. A course shall be reviewed for updates at least once every thirty (30) months and revised if needed.
    4. A course shall be able to be completed through hands-on or online teaching methods in ten (10) clock hours or less.
      1. A course shall include an end-of-course examination with a minimum qualifying score for successful course completion established by the board or its agency. (e) 1. A course shall include an end-of-course examination with a minimum qualifying score for successful course completion established by the board or its agency.
      2. All coaches shall be required to take the end-of-course examination and shall obtain at least the minimum qualifying score.
    5. Beginning with the 2009-2010 school year, and each year thereafter, at least one (1) person who has completed the course shall be at every interscholastic athletic practice and competition.
    1. Beginning with the 2012-2013 school year, and each year thereafter, the state board or its agency shall require each interscholastic coach to complete training on how to recognize the symptoms of a concussion and how to seek proper medical treatment for a person suspected of having a concussion. The training shall be approved by the state board or its agency and may be included in the sports safety course required under subsection (1)(a) of this section. (2) (a) Beginning with the 2012-2013 school year, and each year thereafter, the state board or its agency shall require each interscholastic coach to complete training on how to recognize the symptoms of a concussion and how to seek proper medical treatment for a person suspected of having a concussion. The training shall be approved by the state board or its agency and may be included in the sports safety course required under subsection (1)(a) of this section.
    2. The board or its agency shall develop guidelines and other pertinent information or adopt materials produced by other agencies to inform and educate student athletes and their parents or legal guardians of the nature and risk of concussion and head injury, including the continuance of play after concussion or head injury. Any required physical examination and parental authorization shall include acknowledgement of the education information required under this paragraph.
    3. Upon request, the board or its agency shall make available to the public any training materials developed by the board or agency used to satisfy the requirements of paragraph (a) of this subsection. The board or its agency shall not be held liable for the use of any training materials so disseminated.
    1. A student athlete suspected by an interscholastic coach, school athletic personnel, or contest official of sustaining a concussion during an athletic practice or competition shall be removed from play at that time and shall not return to play prior to the ending of the practice or competition until the athlete is evaluated to determine if a concussion has occurred. The evaluation shall be completed by a physician or a licensed health care provider whose scope of practice and training includes the evaluation and management of concussions and other brain injuries. A student athlete shall not return to play on the date of a suspected concussion absent the required evaluation. (3) (a) A student athlete suspected by an interscholastic coach, school athletic personnel, or contest official of sustaining a concussion during an athletic practice or competition shall be removed from play at that time and shall not return to play prior to the ending of the practice or competition until the athlete is evaluated to determine if a concussion has occurred. The evaluation shall be completed by a physician or a licensed health care provider whose scope of practice and training includes the evaluation and management of concussions and other brain injuries. A student athlete shall not return to play on the date of a suspected concussion absent the required evaluation.
      1. Upon completion of the required evaluation, a coach: (b) 1. Upon completion of the required evaluation, a coach:
        1. May return a student athlete to play if the physician or licensed health care provider determines that no concussion has occurred; or
        2. Shall not return a student athlete to play if the physician or licensed health care provider determines that a concussion has occurred.
      2. If no physician or licensed health care provider described in paragraph (a) of this subsection is present at the practice or competition to perform the required evaluation, a coach shall not return a student athlete to play who is suspected of sustaining a concussion. The student athlete shall not be allowed to participate in any subsequent practice or athletic competition unless written clearance from a physician is provided.
    2. A student athlete deemed to be concussed shall not return to participate in any athletic practice or competition occurring on the day of the injury. The injured student athlete shall not be allowed to participate in any subsequent practice or athletic competition unless written clearance from a physician is provided.
    1. The state board or its agency shall adopt rules governing interscholastic athletics conducted by local boards of education to require each school that participates in interscholastic athletics to develop a venue-specific emergency action plan to deal with serious injuries and acute medical conditions in which the condition of the patient may deteriorate rapidly. The plan shall: (4) (a) The state board or its agency shall adopt rules governing interscholastic athletics conducted by local boards of education to require each school that participates in interscholastic athletics to develop a venue-specific emergency action plan to deal with serious injuries and acute medical conditions in which the condition of the patient may deteriorate rapidly. The plan shall:
      1. Include a delineation of role, methods of communication, available emergency equipment, and access to and plan for emergency transport; and
      2. Be in writing, reviewed by the principal of the school, distributed to all appropriate personnel, posted conspicuously at all venues, and reviewed and rehearsed annually by all licensed athletic trainers, first responders, coaches, school nurses, athletic directors, and volunteers for interscholastic athletics.
    2. Each school shall submit annual written verification of the existence of a venue-specific emergency action plan to the state board or its agency.
  1. Each school shall maintain complete and accurate records of its compliance with this section and shall make the records available for review by the state board or its agency upon request.

HISTORY: Enact. Acts 2009, ch. 90, § 2, effective March 24, 2009; 2012, ch. 72, § 1, effective April 11, 2012; 2013, ch. 30, § 8, effective June 25, 2013; 2017 ch. 160, § 1, effective June 29, 2017.

District Finances

160.450. Fiscal year of school districts.

The fiscal year of all school districts shall begin on July 1 and end on June 30.

History. 4399-39; amend. Acts 1964, ch. 100; 1978, ch. 7, § 1, effective June 17, 1978; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 440, effective July 13, 1990.

Compiler’s Notes.

This section (4399-39; amend. Acts 1964, ch. 100; 1978, ch. 7, § 1, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 440, effective July 13, 1994.

NOTES TO DECISIONS

Cited:

White v. Board of Education, 263 Ky. 91 , 91 S.W.2d 539, 1936 Ky. LEXIS 123 ( Ky. 1936 ).

Opinions of Attorney General.

School boards and cities are covered by Ky. Const., § 169, except where otherwise provided by statute. OAG 85-65 .

Research References and Practice Aids

Cross-References.

Fiscal year, Const., § 169.

School year, KRS 158.050 .

160.455. Definition of tax-levying authority.

As used in KRS 160.460 to 160.597 , unless the context requires otherwise:

“Tax-levying authority” shall mean boards of education of county school districts and independent school districts.

History. Enact. Acts 1976, ch. 127, § 1; 1990, ch. 476, Pt. V, § 232, effective July 13, 1990.

160.460. Levy of school taxes — Procedures.

  1. All school taxes shall be levied by the board of education of each school district. The tax-levying authority shall levy an ad valorem tax within the limits prescribed in KRS 160.470 , which will obtain for the school district the amount of money needed as shown in the district’s general school budget submitted under the provisions of KRS 160.470 .
  2. The tax-levying authority shall make an annual school levy not later than July 1. The school levy shall not be made until the general school budget has been received and approved by the Kentucky Board of Education. The failure of the authority to make the levy by the date prescribed shall not invalidate any levy made thereafter.
  3. All school taxes shall be levied on all property subject to local taxation in the jurisdiction of the tax-levying authority. If the school levy is to be made upon the city assessment, which is hereby authorized for independent school districts embraced by designated cities, the clerk of the city shall furnish to the school district or districts which the city embraces, the assessed valuation of property subject to local taxation in the school district, as determined by its tax assessor. If the school levy is to be made upon the county assessment the county clerk shall furnish to the proper school district or districts the assessed valuation of property subject to local taxation in the district or districts, as certified by the Kentucky Department of Revenue. No later than July 1, 1994, all real property located in the state and subject to local taxation shall be assessed at one hundred percent (100%) of fair cash value.
  4. As used in this section, “designated city” means a city classified as a city of the first, second, third, or fourth class as of January 1, 2014, under the city classification system in effect prior to January 1, 2015. The Department of Education shall, on or before January 1, 2015, create an official registry listing the cities that qualify as a “designated city” under this section and shall publish that registry on its Web site.

History. 4399-40; amend. Acts 1949 (Ex. Sess.), ch. 7, § 1; 1950, ch. 71; 1976, ch. 127, § 2; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. V, § 104, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2005, ch. 85, § 593, effective June 20, 2005; 2014, ch. 92, § 226, effective January 1, 2015.

NOTES TO DECISIONS

  1. In General.
  2. Levy.
  3. — Time of Making.
  4. — Refusal.
  5. — Amount.
  6. Surplus Revenue.
  7. Taxing District.
  8. Collection of Delinquent Taxes.
  9. Decisions by Local School Board.
1. In General.

The fiscal court must make the levy requested when the proposed budget shows facts authorizing it, and the board has not acted in bad faith. Elliott County Fiscal Court v. Elliott County Board of Education, 193 Ky. 66 , 234 S.W. 947, 1921 Ky. LEXIS 181 ( Ky. 1921 ); County Board of Education v. Fiscal Court of Marshall County, 229 Ky. 774 , 17 S.W.2d 1009, 1929 Ky. LEXIS 830 ( Ky. 1929 ); McCreary County Fiscal Court v. McCreary County Board of Education, 236 Ky. 149 , 32 S.W.2d 741, 1930 Ky. LEXIS 702 ( Ky. 1930 ); Hockensmith v. County Board of Education, 240 Ky. 76 , 41 S.W.2d 656, 1931 Ky. LEXIS 345 ( Ky. 1931 ); Allen County Fiscal Court v. Allen County Board of Education, 242 Ky. 546 , 46 S.W.2d 1070, 1932 Ky. LEXIS 304 ( Ky. 1932 ); Madison County Board of Education v. Madison County Fiscal Court, 246 Ky. 201 , 54 S.W.2d 652, 1932 Ky. LEXIS 725 ( Ky. 1932 ); Newell v. Cincinnati, N. O. & T. P. R. Co., 246 Ky. 628 , 55 S.W.2d 662, 1932 Ky. LEXIS 816 (Ky. 1932) (decided under prior law).

All taxes imposed for common school purposes in this state are state taxes even though they are for use in schools located in the territory affected by the tax. Paducah-Illinois R. Co. v. Graham, 46 F.2d 806, 1931 U.S. Dist. LEXIS 1138 (D. Ky. 1931 ); Commonwealth v. Louisville Nat'l Bank, 220 Ky. 89 , 294 S.W. 815, 1927 Ky. LEXIS 478 ( Ky. 1927 ) (decided under prior law).

A local school tax is a state tax. Board of Education v. Louisville, 288 Ky. 656 , 157 S.W.2d 337, 1941 Ky. LEXIS 198 ( Ky. 1941 ).

2. Levy.

Mandamus may issue to compel the calling of a special term of the fiscal court and the making of a levy. Fiscal Court of Cumberland County v. Board of Education, 191 Ky. 263 , 230 S.W. 57, 1921 Ky. LEXIS 311 ( Ky. 1921 ) (decided under prior law).

If the levy requested is insufficient, the court may levy a sufficient tax. Madison County Board of Education v. Madison County Fiscal Court, 246 Ky. 201 , 54 S.W.2d 652, 1932 Ky. LEXIS 725 ( Ky. 1932 ); Newell v. Cincinnati, N. O. & T. P. R. Co., 246 Ky. 628 , 55 S.W.2d 662, 1932 Ky. LEXIS 816 ( Ky. 1932 ) (decided under prior law).

Fact that State Board of Education had not approved the tax rate is not fatal. Knox County v. Lewis' Adm'r, 253 Ky. 652 , 69 S.W.2d 1000, 1934 Ky. LEXIS 693 ( Ky. 1934 ) (decided under prior law).

The form of the levy is not material. Knox County v. Lewis' Adm'r, 253 Ky. 652 , 69 S.W.2d 1000, 1934 Ky. LEXIS 693 ( Ky. 1934 ) (decided under prior law).

Where boundary lines of independent school district were not coterminous with those of the city, the fiscal court of the county was the tax levying authority for the district. Howard v. Board of Education, 311 Ky. 130 , 223 S.W.2d 721, 1949 Ky. LEXIS 1076 ( Ky. 1949 ).

3. — Time of Making.

Tax levy made on June 21 was valid, in view of provision of this section that failure to make levy in April should not invalidate a levy thereafter made. Harlan-Wallins Coal Corp. v. Cawood, 303 Ky. 544 , 198 S.W.2d 218, 1946 Ky. LEXIS 891 ( Ky. 1946 ) (Decision prior to 1949 amendment).

4. — Refusal.

When the council relies on bad faith or corruption as ground for refusal to make the levy desired by the school board, the bad faith or corruption must be clearly charged. White v. Board of Education, 263 Ky. 91 , 91 S.W.2d 539, 1936 Ky. LEXIS 123 (Ky. Ct. App. 1936).

Inaccuracies in estimated items in county school budget submitted by board of education, due to subsequent developments, did not justify fiscal court’s refusal to levy taxes required by budget, in absence of showing board had acted illegally or in bad faith. Stokley v. Fleming County Board of Education, 305 Ky. 602 , 205 S.W.2d 168, 1947 Ky. LEXIS 881 ( Ky. 1947 ).

5. — Amount.

The board of education of a city of the second class has the exclusive right to determine within lawful limits the amount of money necessary to be expended and the items for which it shall be expended in the operation of the schools, and, unless the board of commissioners of the city can show an illegal expenditure, or a computation unlawfully arrived at, or bad faith on the part of the school board, it must levy a tax within the limits prescribed by the Constitution and statutes sufficient to raise the revenue required under the provisions of the budget filed with it by the board of education. The board of commissioners has no legal right to question the advisability of the expenditure of the items contained in the budget submitted. Paducah v. Board of Education, 289 Ky. 284 , 158 S.W.2d 615, 1942 Ky. LEXIS 538 ( Ky. 1942 ).

Since the legislature has provided for penalties to offset any deficiency which might be incurred by failure to pay taxes when due, commissioners were within legal rights in deciding that a $1.00 levy requested by the school board was based on a computation unlawfully arrived at, as it appeared 89 cents would produce sufficient revenue if fully collected. Paducah v. Board of Education, 289 Ky. 284 , 158 S.W.2d 615, 1942 Ky. LEXIS 538 ( Ky. 1942 ).

The board of commissioners of a second-class city performs its whole duty when it levies upon the taxable property of the city a tax which, when collected, will produce the sum requested by the board and it is not required to levy a higher tax on the theory that some of the taxpayers will fail to pay during the year for which the tax is levied. Paducah v. Board of Education, 289 Ky. 284 , 158 S.W.2d 615, 1942 Ky. LEXIS 538 ( Ky. 1942 ).

The fiscal court must levy the ad valorem tax and the poll tax at the rate specified by the board of education; it has no discretion in the matter. Fiscal Court of Monroe County v. Board of Education, 294 Ky. 758 , 172 S.W.2d 624, 1943 Ky. LEXIS 534 ( Ky. 1943 ).

Where board of education undertook to have two levies simultaneously made upon bank shares, namely, 40¢ for general purposes and 50¢ for special purposes the trial court reasonably apportioned the 40¢ maximum between the general and special purpose in the proportion that the resolution of the board of education called to be levied on all other property, namely, $1.50 for general school purposes and 50¢ for “special school building” purpose. Board of Education v. Citizens Fidelity Bank & Trust Co., 263 S.W.2d 112, 1953 Ky. LEXIS 1148 ( Ky. 1953 ).

Where a proposed general budget for fiscal year was submitted to the fiscal court and to the State Board of Education for approval by county board of education as provided by KRS 160.470 requesting it to impose a general school tax of $1.50 per $100 valuation of property subject to local tax and Superintendent of Public Instruction certified to the board that the tax rate necessary to produce the required “local tax effort” to participate in the “public school foundation program fund” would be $1.57 per $100 of assessed valuation which was in effect a disapproval of the budget and required an amended tax levy, the fiscal court should have levied and imposed a tax rate of $1.57 for general school purposes. Holmes v. Walden, 394 S.W.2d 458, 1965 Ky. LEXIS 182 ( Ky. 1965 ).

6. Surplus Revenue.

The mere fact that an expenditure will absorb that portion of anticipated revenue which would otherwise have been surplus does not preclude the school board from making necessary expenditures upon discovery that the funds are available for that purpose. Paducah v. Board of Education, 289 Ky. 284 , 158 S.W.2d 615, 1942 Ky. LEXIS 538 ( Ky. 1942 ).

7. Taxing District.

A board of education is a taxing district or municipality. Lee v. Board of Education, 261 Ky. 379 , 87 S.W.2d 961, 1935 Ky. LEXIS 666 ( Ky. 1935 ).

8. Collection of Delinquent Taxes.

In independent districts embracing cities of the first four classes, it is the duty of the city, and not of the school board, to cause delinquent taxes to be collected and to allow credits thereon. McKinney's Adm'x v. Commonwealth, 260 Ky. 608 , 86 S.W.2d 167, 1935 Ky. LEXIS 504 ( Ky. 1935 ).

9. Decisions by Local School Board.

The underlying theme of this section is that the actual decisions addressed hereunder are to be made by the local school board, not the state. Blackburn v. Floyd County Bd. of Educ., 749 F. Supp. 159, 1990 U.S. Dist. LEXIS 18321 (E.D. Ky. 1990 ).

Cited:

Fyfe v. Hardin County Board of Education, 305 Ky. 589 , 205 S.W.2d 165, 1947 Ky. LEXIS 880 ( Ky. 1947 ); Folks v. Barren County, 313 Ky. 515 , 232 S.W.2d 1010, 1950 Ky. LEXIS 919 ( Ky. 1950 ); Cunningham v. Grayson, 541 F.2d 538, 1976 U.S. App. LEXIS 7450 (6th Cir. 1976).

Opinions of Attorney General.

When a portion of an independent school district lies outside of the city limits, the school district is not “embraced” by the city within the meaning of subsection (1) (now (3)) of this section and the fiscal court is the levying authority for school taxes and the governmental unit which approves the school budget. OAG 61-414 .

There is no deadline in terms of a calendar date by which a city board of education must submit its tax rate to the city. OAG 64.380 .

An independent school district in the city could not share part of the expense incurred by the city in reassessing property located within the city. OAG 67-1 .

Where an independent school district is composed of different cities, the tax levying authority is the governing body of each city in the district. OAG 68-594 .

Where not all of the residents of three cities included in an independent school district lived inside the school district and one city had its own tax assessor while two (2) other cities were assessed by the county assessor, the proper tax levying authority for the district was the county fiscal court and the election expense should be borne by the fiscal court. OAG 69-2 .

School taxes shall be levied by the fiscal court in each county, except in independent school districts embraced by cities of the first four classes. OAG 74-187 .

Local boards of education must assume all administrative responsibility concerning bond issues for school sites and buildings; however, since school financing is done almost exclusively through school building revenue bonds pursuant to KRS 162.210 to 162.300 and KRS 58.010 to 58.120 inclusive, there is no authority for any change in the preexisting procedure used for school revenue bonds and the fiscal courts and county treasurers must continue to perform the customary functions heretofore served by them in that regard. OAG 76-711 .

Pursuant to this section and KRS 132.280 , independent school districts embraced in cities of the first four classes may use the city assessment or the county assessment. OAG 77-497 .

Research References and Practice Aids

Cross-References.

Bank franchise and local deposit tax, KRS 136.500 to 136.575 .

Boundaries of school district to be furnished to railroad or bridge company to enable it to determine tax due, KRS 136.190 , 136.990 .

Revenue Cabinet to certify to county clerk the portion of corporate franchises or tangible property subject to local taxation, KRS 136.180 .

School fund, distribution of, Ky. Const., § 186; KRS Ch. 157.

Lien for taxes, KRS 132.990 , 134.420 .

Municipal electric plant to pay sum equivalent to tax based on book value, KRS 96.820 .

Municipal light, water or gas plant may pay tax equivalent to school district, KRS 96.536 .

Property of dissolved religious society to go to county seminary, KRS 273.130 .

Property subject to local taxation, KRS 132.030 , 132.150 , 132.190 , 132.200 , 136.180 , 136.200 , 136.300 .

Superintendent of schools may recommend assessment changes, KRS 133.120 .

Tax rate not to be fixed until assessment is certified by tax commission to county clerk, KRS 133.185 .

Kentucky Law Journal.

Stephenson, Property Assessment Remedies for the Kentucky Taxpayer, 60 Ky. L.J. 84 (1971).

Turner, Property Tax Assessment Administration in Kentucky, 60 Ky. L.J. 141 (1971).

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

160.462. Financial analysis of school system — Format of presentation (counties of 300,000). [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 254, § 1) was repealed by Acts 1978, ch. 275, § 1, effective June 17, 1978.

160.463. Publication of financial statements of school systems in counties of 300,000.

  1. The school board of each public school system shall direct its superintendent to publish the complete annual financial statement and the school report card annually:
    1. In the newspaper of the largest general circulation in the county;
    2. Electronically on a Web site of the school district; or
    3. By printed copy at a prearranged site at the main branch of the public library within the school district.
  2. If publication on a Web site of the school district or by printed copy at the public library is chosen, the superintendent shall be directed to publish notification in the newspaper of the largest circulation in the county as to the location where the document can be viewed by the public.
  3. The notification shall include the address of the library or the electronic address of the Web site where the documents can be viewed.
  4. Each system’s financial statements shall be prepared and presented on a basis consistent with that of the other systems.

HISTORY: Enact. Acts 1972, ch. 254, § 2; repealed and reenact. Acts 1990, ch. 476, Pt. III, § 108, effective July 13, 1990; 2018 ch. 171, § 6, effective April 14, 2018; 2018 ch. 207, § 6, effective April 27, 2018.

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 254, § 2) was repealed and reenacted by Acts 1990, ch. 476, Part III, § 108, effective July 13, 1994.

Legislative Research Commission Notes.

(6/29/2017). Under the authority of KRS 7.136(1), a reference to “KRS 131.990 (2)” in subsection (1)(b)5. of this statute has been changed to “KRS 131.990 (1)” by the Reviser of Statutes following the enactment of 2017 Ky. Acts ch. 74, sec. 67, which deleted subsection (1) of KRS 131.990 and renumbered the subsequent subsections, but did not amend this statute to conform.

160.464. School board to brief members of General Assembly (counties of 300,000). [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 254, § 3) was repealed by Acts 1984, ch. 146, § 1, effective July 13, 1984.

160.470. Tax rate limits — Hearing — Levy exceeding four percent increase subject to recall vote or reconsideration — Levy of minimum equivalent tax rate.

    1. Notwithstanding any statutory provisions to the contrary, no district board of education shall levy a general tax rate which will produce more revenue, exclusive of revenue from net assessment growth as defined in KRS 132.010 , than would be produced by application of the general tax rate that could have been levied in the preceding year to the preceding year’s assessment, except as provided in subsections (9) and (10) of this section and KRS 157.440 . (1) (a) Notwithstanding any statutory provisions to the contrary, no district board of education shall levy a general tax rate which will produce more revenue, exclusive of revenue from net assessment growth as defined in KRS 132.010 , than would be produced by application of the general tax rate that could have been levied in the preceding year to the preceding year’s assessment, except as provided in subsections (9) and (10) of this section and KRS 157.440 .
    2. If an election is held as provided for in KRS 132.017 and the question should fail, such failure shall not reduce the “…general tax rate that could have been levied in the preceding year…,” referred to in subsection (1)(a) of this section, for purposes of computing the general tax rate for succeeding years.
  1. No district board of education shall levy a general tax rate within the limits imposed in subsection (1) of this section which respectively exceeds the compensating tax rate defined in KRS 132.010 , except as provided in subsections (9) and (10) of this section, KRS 157.440 , and KRS 157.621 , until the district board of education has complied with the provisions of subsection (7) of this section.
  2. Upon receipt of property assessments from the Department of Revenue, the commissioner of education shall certify the following to each district board of education:
    1. The general tax rate that a district board of education could levy under the provisions of subsection (1) of this section, and the amount of revenue expected to be produced;
    2. The compensating tax rate as defined in KRS 132.010 for a district’s general tax rate the amount of revenue expected to be produced;
    3. The general tax rate which will produce, respectively, no more revenue from real property, exclusive of revenue from new property, than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 , and the amount of revenue expected to be produced.
  3. Upon completion of action on property assessment data, the Department of Revenue shall submit certified property assessment data as required in KRS 133.125 to the chief state school officer.
  4. Within thirty (30) days after the district board of education has received its assessment data, the rates levied shall be forwarded to the Kentucky Board of Education for its approval or disapproval. The failure of the district board of education to furnish the rates within the time prescribed shall not invalidate any levy made thereafter.
    1. Each district board of education shall, on or before January 31 of each calendar year, formally and publicly examine detailed line item estimated revenues and proposed expenditures for the subsequent fiscal year. On or before May 30 of each calendar year, each district board of education shall adopt a tentative working budget which shall include a minimum reserve of two percent (2%) of the total budget. (6) (a) Each district board of education shall, on or before January 31 of each calendar year, formally and publicly examine detailed line item estimated revenues and proposed expenditures for the subsequent fiscal year. On or before May 30 of each calendar year, each district board of education shall adopt a tentative working budget which shall include a minimum reserve of two percent (2%) of the total budget.
    2. Each district board of education shall submit to the Kentucky Board of Education no later than September 30, a close estimate or working budget which shall conform to the administrative regulations prescribed by the Kentucky Board of Education.
    1. Except as provided in subsections (9) and (10) of this section and KRS 157.440 , a district board of education proposing to levy a general tax rate within the limits of subsection (1) of this section which exceed the compensating tax rate defined in KRS 132.010 shall hold a public hearing to hear comments from the public regarding the proposed tax rate. The hearing shall be held in the principal office of the taxing district or, in the event the taxing district has no office, or the office is not suitable for such a hearing, the hearing shall be held in a suitable facility as near as possible to the geographic center of the district. (7) (a) Except as provided in subsections (9) and (10) of this section and KRS 157.440 , a district board of education proposing to levy a general tax rate within the limits of subsection (1) of this section which exceed the compensating tax rate defined in KRS 132.010 shall hold a public hearing to hear comments from the public regarding the proposed tax rate. The hearing shall be held in the principal office of the taxing district or, in the event the taxing district has no office, or the office is not suitable for such a hearing, the hearing shall be held in a suitable facility as near as possible to the geographic center of the district.
    2. The district board of education shall advertise the hearing by causing the following to be published at least twice for two (2) consecutive weeks, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches:
      1. The general tax rate levied in the preceding year, and the revenue produced by that rate;
      2. The general tax rate for the current year, and the revenue expected to be produced by that rate;
      3. The compensating general tax rate, and the revenue expected from it;
      4. The revenue expected from new property and personal property;
      5. The general areas to which revenue in excess of the revenue produced in the preceding year is to be allocated;
      6. A time and place for the public hearing which shall be held not less than seven (7) days nor more than ten (10) days after the day that the second advertisement is published;
      7. The purpose of the hearing; and
      8. A statement to the effect that the General Assembly has required publication of the advertisement and the information contained herein.
    3. In lieu of the two (2) published notices, a single notice containing the required information may be sent by first-class mail to each person owning real property, addressed to the property owner at his residence or principal place of business as shown on the current year property tax roll.
    4. The hearing shall be open to the public. All persons desiring to be heard shall be given an opportunity to present oral testimony. The district board of education may set reasonable time limits for testimony.
    1. That portion of a general tax rate, except as provided in subsections (9) and (10) of this section, KRS 157.440 , and KRS 157.621 , levied by an action of a district board of education which will produce, respectively, revenue from real property, exclusive of revenue from new property, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 , shall be subject to a recall vote or reconsideration by the district board of education as provided for in KRS 132.017 , and shall be advertised as provided for in paragraph (b) of this subsection. (8) (a) That portion of a general tax rate, except as provided in subsections (9) and (10) of this section, KRS 157.440 , and KRS 157.621 , levied by an action of a district board of education which will produce, respectively, revenue from real property, exclusive of revenue from new property, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 , shall be subject to a recall vote or reconsideration by the district board of education as provided for in KRS 132.017 , and shall be advertised as provided for in paragraph (b) of this subsection.
    2. The district board of education shall, within seven (7) days following adoption of an ordinance, order, resolution, or motion to levy a general tax rate, except as provided in subsections (9) and (10) of this section and KRS 157.440, which will produce revenue from real property, exclusive of revenue from new property as defined in KRS 132.010, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010, cause the following to be published, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches:
      1. The fact that the district board of education has adopted such a rate;
      2. The fact that the part of the rate which will produce revenue from real property, exclusive of new property as defined in KRS 132.010, in excess of four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 is subject to recall; and
      3. The name, address, and telephone number of the county clerk of the county or urban-county in which the school district is located, with a notation to the effect that that official can provide the necessary information about the petition required to initiate recall of the tax rate.
    1. Notwithstanding any statutory provisions to the contrary, effective for school years beginning after June 30, 1990, the board of education of each school district shall levy a minimum equivalent tax rate of thirty cents ($0.30) for general school purposes. Equivalent tax rate is defined as the rate which results when the income collected during the prior year from all taxes levied by the district for school purposes is divided by the total assessed value of property plus the assessment for motor vehicles certified by the Department of Revenue. School districts collecting school taxes authorized by KRS 160.593 to 160.597 , 160.601 to 160.633 , or 160.635 to 160.648 for less than twelve (12) months during a school year shall have included in income collected under this section the pro rata tax collection for twelve (12) months. (9) (a) Notwithstanding any statutory provisions to the contrary, effective for school years beginning after June 30, 1990, the board of education of each school district shall levy a minimum equivalent tax rate of thirty cents ($0.30) for general school purposes. Equivalent tax rate is defined as the rate which results when the income collected during the prior year from all taxes levied by the district for school purposes is divided by the total assessed value of property plus the assessment for motor vehicles certified by the Department of Revenue. School districts collecting school taxes authorized by KRS 160.593 to 160.597 , 160.601 to 160.633 , or 160.635 to 160.648 for less than twelve (12) months during a school year shall have included in income collected under this section the pro rata tax collection for twelve (12) months.
    2. If a board fails to comply with paragraph (a) of this subsection, its members shall be subject to removal from office for willful neglect of duty pursuant to KRS 156.132 .
  5. A district board of education may levy a general tax rate that will produce revenue from real property, exclusive of revenue from new property, that is four percent (4%) over the amount of the revenue produced by the compensating tax rate as defined in KRS 132.010 .

In the event of a merger of school districts, the limitations contained in this section shall be based upon the combined revenue of the merging districts, as computed under the provisions of this section.

History. 4339-40; amend. Acts 1949 (Ex. Sess.), ch. 7, § 2; 1956, ch. 177; 1965 (1st Ex. Sess.), ch. 2, § 3; 1970, ch. 118, § 1; 1976, ch. 127, § 3; 1976, ch. 187, § 1; 1976, ch. 93, § 16, effective January 1, 1977; 1978, ch. 155, § 82, effective June 17, 1978; 1979 (Ex. Sess.), ch. 25, § 6, effective February 13, 1979; 1980, ch. 317, § 7, effective July 15, 1980; 1980, ch. 319, § 6, effective July 15, 1980; 1982, ch. 360, § 49, effective July 15, 1982; 1984, ch. 137, § 2, effective March 27, 1984; 1990, ch. 476, Pt. III, § 105, effective July 13, 1990; 1992, ch. 40, § 1, effective July 14, 1992; 1994, ch. 436, § 2, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 399, § 1, effective July 15, 1998; 2000, ch. 389, § 6, effective July 14, 2000; 2005, ch. 85, § 594, effective June 20, 2005; 2005, ch. 168, § 154, effective March 18, 2005.

Legislative Research Commission Notes.

(3/18/2005). This section was amended by 2005 Ky. Acts chs. 85 and 168, which do not appear to be in conflict and have been codified together.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Determination of Expenditures.
  3. Estimate of Anticipated Revenue.
  4. Premature Submission.
  5. Indebtedness.
  6. Amendment by Court.
  7. Evidence of Budget.
  8. Determination of Maximum Rate.
  9. Voter Recall Elections.
1. Constitutionality.

This statute did not violate the Fourteenth Amendment because it was not arbitrary, not irrelevant to the achievement of the state’s objectives, not invidiously discriminatory, not administered unevenly, not based on some hidden motive and did bear a reasonable relationship to the legitimate purpose of preserving the financial integrity of the state. Baker v. Strode, 348 F. Supp. 1257, 1971 U.S. Dist. LEXIS 14893 (W.D. Ky. 1971 ).

The “rollback” law is not unconstitutional as perpetuating unconstitutional assessments, for the taxing power of the district is not frozen, because under KRS 157.440 a district, by popular vote, can select as high a rate as it chooses. Miller v. Nunnelley, 468 S.W.2d 298, 1971 Ky. LEXIS 334 (Ky.), cert. denied, 404 U.S. 941, 92 S. Ct. 286, 30 L. Ed. 2d 255, 1971 U.S. LEXIS 564 (U.S. 1971).

The present school funding statutes permit local Boards of Education to raise funds through property taxes and permissive taxes such as the utilities tax; base funding and Tier One funding can be produced by a property tax not subject to voter recall and this nonrecallable option enables Boards of Education to fund schools without relying on permissive taxes; the General Assembly has supplied a mechanism to satisfy base funding, as well as Tier One funding, according to the mandate of Section 183 of the Kentucky Constitution; and that is all that Rose v. Council for Better Educ., Inc., 790 S.W.2d 186, 1989 Ky. LEXIS 55 ( Ky. 1989 ) requires. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

2. Determination of Expenditures.

Board of education had right to appropriate by amended budget additional funds to be received in the fiscal year from collection of delinquent taxes which it had not anticipated to improvement of its physical properties, which had been badly damaged by flood, and the propriety of its decision in doing so cannot be questioned by the board of commissioners of second-class city, unless the board of commissioners can show the properties not to be in need of repair or reconstruction and the mere fact that the expenditure will absorb that portion of the anticipated revenue which would otherwise be surplus does not preclude the school board from making necessary expenditures upon discovery that the funds are available for the purpose. Paducah v. Board of Education, 289 Ky. 284 , 158 S.W.2d 615, 1942 Ky. LEXIS 538 ( Ky. 1942 ).

The board of education has the exclusive right to determine within lawful limits the amount of money necessary to be expended and the items for which it shall be expended in the operation of the schools, and, unless the governing authorities of the tax levying districts can show an illegal expenditure, or a computation unlawfully arrived at, or bad faith on the part of the school board, it must levy a tax within limits prescribed by the Constitution and statutes sufficient to raise the revenue required under the provisions of the budget filed with it by the board of education. Paducah v. Board of Education, 289 Ky. 284 , 158 S.W.2d 615, 1942 Ky. LEXIS 538 ( Ky. 1942 ).

Budget submitted by board of education was not unlawful or did not indicate bad faith which would warrant refusal by fiscal court to levy taxes pursuant to it where commission for collection was correct when made, but was rendered excessive by a subsequent court of appeal’s decision. Stokley v. Fleming County Board of Education, 305 Ky. 602 , 205 S.W.2d 168, 1947 Ky. LEXIS 881 ( Ky. 1947 ).

3. Estimate of Anticipated Revenue.

The board of education cannot base its estimate of anticipated revenue on experience in collecting taxes and deduct the amount which may not be collected within the fiscal year but it must base its estimate on what the rate would produce if all the taxes were collected in the fiscal year. Paducah v. Board of Education, 289 Ky. 284 , 158 S.W.2d 615, 1942 Ky. LEXIS 538 ( Ky. 1942 ).

4. Premature Submission.

Premature submission of budget does not show bad faith. White v. Board of Education, 263 Ky. 91 , 91 S.W.2d 539, 1936 Ky. LEXIS 123 (Ky. Ct. App. 1936).

5. Indebtedness.

Where voted building fund levy of school district had always been insufficient to meet rental payments required for the payment of revenue bonds, so that part thereof had been paid from the general fund levy, the addition of subsection (7) to KRS 160.477 (repealed) in a 1965 “rollback” act did not authorize an increase in building fund levy over the compensating rate as defined in KRS 132.010 to pay all of such rentals. Fayette County Board of Education v. White, 410 S.W.2d 612, 1966 Ky. LEXIS 37 ( Ky. 1966 ).

6. Amendment by Court.

When a court finds a budget to be incorrect, it is not necessary that an amended budget be submitted to the council. It may be amended in the trial court. White v. Board of Education, 263 Ky. 91 , 91 S.W.2d 539, 1936 Ky. LEXIS 123 (Ky. Ct. App. 1936).

7. Evidence of Budget.

In all cases where budgets and financial reports are available they are the best evidence of the information therein contained and they should be made a part of the record in order for the courts to have a clear and definite idea as to whether or not the officials have had due regard for the finances of the taxing district. Ebert v. Board of Education, 277 Ky. 633 , 126 S.W.2d 1111, 1939 Ky. LEXIS 706 ( Ky. 1939 ).

8. Determination of Maximum Rate.

The language of KRS 132.487(3), governing a centralized ad valorem tax system for motor vehicles, clearly and unequivocally removes all valuations of and tax revenues from motor vehicles from the base amount used in determining the compensating tax rate and maximum possible tax rate envisioned under the provisions of KRS 68.245 , 132.023 , 132.027 , and this section. Kling v. Geary, 667 S.W.2d 379, 1984 Ky. LEXIS 216 ( Ky. 1984 ).

9. Voter Recall Elections.

The 1990 change in subsections (10) and (11) (now (9) and (10)) of this section prevents voter recall of a property tax levy if the tax revenue is intended to provide mandatory minimum base funding or permissive Tier One funding, but under the previous funding scheme, the “notwithstanding” language of this section had no abrogative effect on voter recall of permissive utility taxes and the General Assembly preserved this right in the funding scheme. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

County Board of Education’s levy of a utility gross receipts license tax, designed to produce additional revenue up to 15% of the base funding level, was subject to statutory recall election provisions. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

Cited in:

Schuerman v. State Board of Education, 284 Ky. 556 , 145 S.W.2d 42, 1940 Ky. LEXIS 514 ( Ky. 1940 ); Bell v. Board of Education, 308 Ky. 848 , 215 S.W.2d 1007, 1948 Ky. LEXIS 1065 ( Ky. 1948 ); Bell v. Board of Education, 343 S.W.2d 804, 1961 Ky. LEXIS 433 ( Ky. 1961 ); State Property & Bldg. Com. v. Hays, 346 S.W.2d 3, 1961 Ky. LEXIS 277 ( Ky. 1961 ); Baker v. Strode, 348 F. Supp. 1257, 1971 U.S. Dist. LEXIS 14893 (W.D. Ky. 1971 ); Cunningham v. Grayson, 541 F.2d 538, 1976 U.S. App. LEXIS 7450 (6th Cir. 1976).

Opinions of Attorney General.

There is no deadline in terms of a calendar date by which a city board of education must submit its tax rate to the city. OAG 64-380 .

Under the 1965 amendment to KRS 160.470 , school districts which do not seek percentage increases are frozen or limited to income received in the 1965-1966 school year plus net assessment (new property) growth, but districts seeking the additional percentage increases are thereafter limited permanently to the income received at the end of the 1967-1968 school year plus subsequent net assessment (new property) growth. OAG 65-655 .

If a school’s fiscal year was the calender year, in order to use the increase, the budget would have to be prepared and separated into the two (2) school terms involved so that the increase would apply to the school year rather than the calendar year. OAG 65-820 .

The increase is to be permitted for “school years” rather than “fiscal years.” OAG 65-820 .

A school board may elect to continue to operate at the 1965-1966 revenue level for the coming and following school years, may request one percentage increase for either 1966-1967 or 1967-1968, or may request percentage increases for both of those years. OAG 66-387 .

A local board of education may forego requesting any percentage increase in its ad valorem tax revenue for the 1966-1967 school year, in which event the limitations prescribed in subsection (2) of this section govern, but may then request an increase for the 1967-1968 school year if its need for that school year so dictates. OAG 66-387 .

Revenue received by school districts from electric plant boards is not ad valorem tax revenue for purposes of this section and a plant board does not have net assessment growth that can be included in the Department of Revenue’s (now Revenue Cabinet’s) certification of net assessment growth. OAG 66-441 .

A county school board could request a budget increase and the levy of a utility gross receipts license tax in the same year. OAG 66-675 .

The words “preceding year’s rate” mean the correct rate that could have been levied for the preceding year if final assessment figures had been available and used in the certification given by the Superintendent of Public Instruction. OAG 67-165 .

A county school district may receive a credit toward the “required local tax effort” figure of former law regarding attendance for income received from the state and paid from federal funds granted to the state for distribution among the schools. OAG 67-231 .

State Board of Education could not approve deficit expenditure unless a school district acted reasonably and in good faith in anticipating the collection of revenue in circumstances where the debt is contracted because of failure to collect such revenue. Only in such cases is the debt valid. OAG 67-293 .

Subsections (2) and (4) of this section relate to the basic general fund levy while KRS 160.477(6) (repealed) and KRS 157.440(2) limit special voted levies to the compensating tax rate. Accordingly, these statutes do not authorize an independent school district to apply a 10 percent increase to the special voted tax in effect in the district. OAG 67-300 .

The district board of education can request the Circuit Court to mandamus the fiscal court to make the levy requested. OAG 67-510 .

The fiscal court cannot avoid the levy of an increased property tax when properly requested to do so by the county board of education. OAG 67-510 .

Where the rates actually levied the preceding year were less than what could properly have been levied, the general fund budget can be drawn this year on the basis of the revenue that would have been produced the year before from the levy of the general fund tax at the correct maximum rate which would have been certified by the Superintendent of Public Instruction if he had been correctly advised of the true total assessed value of property in the district subject to such taxes. OAG 68-186 .

The maximum property tax levies for a merged school district for 1968-1969 are calculated as follows: (a) To the revenue that would be produced by applying the old city district’s basic general fund levy for 1967-1968 to the assessment for that year add the revenue that would be produced by applying the old county (as it existed before the merger) district’s basic general fund levy for 1967-1968 to the assessment for that year. The sum of these figures is the total amount of ad valorem tax revenue in the computation of the maximum permissible local ad valorem tax revenue under subsection (3) of this section. The proper basic general fund levy can be calculated from the combined revenue and combined current assessment figures (with net growth treated separately). (b) The special voted general fund rate should be calculated at the proper compensating tax rate under the formula established in KRS 132.010(6) based on the 1965 revenue from this source and the 1966 assessment. (c) The special voted building fund rate (KRS 160.477 (repealed)) should be calculated at the proper “compensating tax rate,” again using the formula appearing in KRS 132.010(6). (d) The overall tax rate can then be determined by adding the rates in (a), (b), and (c) above. OAG 68-343 .

Following the tax rollback, the Executive Department of State Government had the authority and duty to provide supplemental payments to certain schools under the minimum foundation program as would insure the orderly continuation of the common schools program and as would prevent the regression of the program. OAG 70-474 .

It is mandatory that local boards of education use the rates prescribed by the Department of Education. OAG 70-540 .

The Department of Education has authority under this section for setting local tax rates for school purposes. OAG 70-540 .

Assessments for school tax levy purposes under this section and for state aid purposes under KRS 157.380 (repealed) must be the same. OAG 72-330 .

The county ad valorem tax revenue is limited to the application of the preceding year’s tax rate to the preceding year’s assessment, exclusive of voting levies, plus the revenue determined from applying the effective tax rate to the net assessment growth base. OAG 74-393 .

Unless a school board indicates that the budget goes beyond the limit of this section or the fiscal court proves illegality, fraud or bad faith, and assuming budget approval by the State Board of Education, the fiscal court must accept the board’s budget, fixing the necessary tax rate and making the tax levy required accordingly. OAG 74-455 .

The mere fact that a school authority waited until after the city fixed its tax rate to come in and fix the school board’s tax rate, in the absence of a showing of corruption, bad faith or illegality on the part of the school board, is not sufficient grounds for the city council to refuse to set the rate asked. OAG 74-499 .

Even though due to a delay in certifying the county assessment, the advertising and hearing requirements necessary to levying a school district’s tax rate would not be completed 45 days before the date of the next regular election, the school district, of its own volition, could waive the petition and place the question on the ballot. OAG 82-485 .

While the amending of KRS 160.470 and the making of each school district their own tax levying authority repeals that part of KRS 424.250 as to filing the budget with a clerk, the other part of the statute calling for the budget to be published in a newspaper is capable of being observed. OAG 82-603 .

Even though the 1990 amendment to this section by Ch. 476, § 105 set a new maximum equivalent tax rate, since in subsection (1)(c) of KRS 157.440 the 1990 amendment by Ch. 476, § 107 to that section provided that any school district, which is at or above the equivalent tax rate permitted, shall not be required to levy an equivalent tax rate which is lower than the rate levied during the 1989-90 school year, Jefferson County may keep its equivalent tax rate at 75.9 cents for the 1990-91 school year. OAG 90-45 .

When levying a utilities gross receipts license tax for the purpose of complying with the minimum equivalent tax rate requirement set forth in subdivision (12)(a) (now (9)(a)) of this section or for the purpose of participating in the “Tier 1” program set forth in KRS 157.440 , a school board must follow the notice and hearing requirements of KRS 160.593 and KRS 160.603 , but the recall provisions of KRS 160.597 do not apply. OAG 90-88 .

Research References and Practice Aids

Cross-References.

Education of the physically handicapped, KRS Chapter 167.

State vocational rehabilitation, KRS 151B.180 to 151B.210 .

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. III, 24 at 936.

2008-2010 Budget Reference.

See 2009 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 6, at p. 119, amending Part I, Operating Budget, D. Department of Education, 4. Support Education Excellence in Kentucky (SEEK) Program, of 2008-2010 State/Executive Branch Budget, 2008 Ky. Acts ch. 127.

Kentucky Bench & Bar.

Keating, You Get What You Pay For: Financing Public Schools in Kentucky, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 6.

Kentucky Law Journal.

Kentucky Law Survey, Vasek and Bradley, Kentucky Taxation, 68 Ky. L.J. 777 (1979-1980).

Kentucky Law Survey, Whiteside, Taxation, 71 Ky. L.J. 479 (1982-83).

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

160.472. Determination of maximum permissible school district revenue.

Notwithstanding any provisions of this chapter to the contrary, the tax rate on motor vehicles and trailers for the preceding year shall be applied to the preceding year’s total valuation of such motor vehicles and trailers and the resulting amount added to the revenue from other tangible personal property for purposes of determining the maximum permissible school district revenue under KRS 160.470 .

History. Enact. Acts 1978, ch. 371, § 6, effective January 1, 1981; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 441, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 371, § 6, effective January 1, 1981) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 441, effective July 13, 1994.

160.473. Limits for district board of education on personal property tax rates — Public hearing and recall not applicable.

  1. In the event that a general tax rate applicable to real property levied by a district board of education will produce a percentage increase in revenue from personal property less than the percentage increase in revenue from real property, the district board of education may levy a general tax rate applicable to personal property which will produce the same percentage increase in revenue from personal property as the percentage increase in revenue from real property; however, in no event shall the general tax rate levied by the district board of education applicable to personal property exceed the prior year general tax rate applicable to personal property levied by the respective district board of education.
  2. The general tax rate applicable to personal property levied by a district board of education under the provisions of subsection (1) of this section shall not be subject to the public hearing provisions of KRS 160.470(7) and to the recall provisions of KRS 160.470(8).

History. Enact. Acts 1982, ch. 397, § 7, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. III, § 109, effective July 13, 1990; 2000, ch. 389, § 11, effective July 14, 2000.

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 397, § 7, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part III, § 109, effective July 13, 1990.

160.474. Cumulative increase for 1982-83 only — Limit — Public hearing and recall not applicable. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 397, § 8, effective July 15, 1982; repealed and reenacted by Acts 1990, ch. 476, Part III, § 110, effective July 13, 1990) was repealed by Acts 2000, ch. 389, § 13, effective July 14, 2000.

160.475. Ad valorem tax levy for school purposes — Maximum rates — Subdistrict taxes abolished.

  1. Except as otherwise provided in KRS 157.440 , 160.470(1), and 160.476(4), the ad valorem tax levy for school purposes, other than sinking fund purposes, in each school district, shall be not more than one dollar and fifty cents ($1.50) annually on each one hundred dollars ($100) of property subject to local taxation.
  2. All existing subdistrict school tax levies, except those required to retire voted bonds, are hereby abolished.

History. Enact. Acts 1946, ch. 36, §§ 1(1), (2), 2; 1974, ch. 316, § 3; 1974, ch. 386, § 30; 1976, ch. 93, § 17, effective January 1, 1977; 1990, ch. 476, Pt. III, § 111, effective July 13, 1990; 1996, ch. 87, § 5, effective July 15, 1996; 2000, ch. 389, § 12, effective July 14, 2000.

NOTES TO DECISIONS

1. Exceeding Maximum.

Regardless of time or amount, the principle remains the same, that the voting of the tax does not impose a tax in futuro, but merely grants authority to the taxing power to increase the amount of the annual tax that the law otherwise authorizes to be levied. Board of Education v. Board of Education, 250 S.W.2d 1017, 1952 Ky. LEXIS 897 ( Ky. 1952 ).

Only a maximum rate need be specified in the proposition submitted to the voters under KRS 157.440 to exceed the maximum levy under this section. Hopson v. Board of Education, 280 S.W.2d 489, 1955 Ky. LEXIS 154 ( Ky. 1955 ).

A special annual tax levy above the present maximum regular levy authorized by this section may be made to authorize the principal and interest of the bonds. Bell v. Board of Education, 343 S.W.2d 804, 1961 Ky. LEXIS 433 ( Ky. 1961 ).

The maximum school property tax rate of one dollar and fifty cents ($1.50) on each $100 valuation may be exceeded when increased levy is necessary to provide the required local tax effort in order to participate in the foundation program under KRS 157.380 (now repealed). Holmes v. Walden, 394 S.W.2d 458, 1965 Ky. LEXIS 182 ( Ky. 1965 ).

Cited:

Harlan-Wallins Coal Corp. v. Cawood, 303 Ky. 544 , 198 S.W.2d 218, 1946 Ky. LEXIS 891 ( Ky. 1946 ); Bell v. Board of Education, 308 Ky. 848 , 215 S.W.2d 1007, 1948 Ky. LEXIS 1065 ( Ky. 1948 ); Folks v. Barren County, 313 Ky. 515 , 232 S.W.2d 1010, 1950 Ky. LEXIS 919 ( Ky. 1950 ); Fendley v. Board of Education, 240 S.W.2d 837, 1951 Ky. LEXIS 1023 ( Ky. 1951 ); Board of Education v. Harville, 416 S.W.2d 730, 1967 Ky. LEXIS 280 ( Ky. 1967 ); Cunningham v. Grayson, 541 F.2d 538, 1976 U.S. App. LEXIS 7450 (6th Cir. 1976).

Opinions of Attorney General.

A fiscal court may legally levy a tax at a figure above the $1.50 maximum set by this section where the figure is the amount necessary to provide the required local tax effort for participation in the minimum foundation program by the local school district. OAG 65-600 .

Under the 1965 amendment to KRS 160.470 , school districts which do not seek percentage increases are frozen or limited to income received in the 1965-1966 school year plus net assessment (new property) growth, but districts seeking the additional percentage increases are thereafter limited permanently to the income received at the end of the 1967-1968 school year plus subsequent net assessment (new property) growth. OAG 65-655 .

Cities or counties may not levy a poll tax since it has been eliminated by amendment of KRS 68.090 , 92.280 and this section. OAG 74-631 .

The poll tax is not a prerequisite to the right to vote and is nothing more than another revenue measure for the taxing jurisdiction in question. OAG 72-816 . (Decision prior to 1974 amendment).

Research References and Practice Aids

Cross-References.

Bank franchise and local deposit tax, KRS 136.500 to 136.575 .

City of first class may levy tax for support of municipal university, KRS 165.030 .

Electric and water plant of third-class city may pay tax equivalent to school district, KRS 96.179 .

Limits on levies for school purposes on distilled spirits, KRS 132.150 .

Municipal light, water or gas plant may pay tax equivalent to school district, KRS 96.536 .

Rate of school tax on railroad bridge, KRS 136.180 , 136.200 .

Sinking fund purposes, tax levy for, KRS 162.090 .

Kentucky Law Journal.

Reynolds, Education Finance Reform Litigation and Separation of Powers: Kentucky Makes Its Contribution, 80 Ky. L.J. 309 (1990-91).

160.476. School building fund taxes — Investment — Expenditures — Audit.

  1. The board of education of any district may, in addition to other taxes for school purposes, levy not less than four cents ($0.04) nor more than twenty cents ($0.20) on each one hundred dollars ($100) valuation of property subject to local taxation, to provide a special fund for the purchase of sites for school buildings and physical education and athletic facilities, for the erection and complete equipping of school buildings and physical education and athletic facilities, and for the major alteration, enlargement and complete equipping of existing buildings and physical education and athletic facilities, provided, however, that such tax shall come within the maximum school tax levy provided by KRS 160.470 . In addition to or in lieu of this special tax, any board of education may pay into this special fund at the close of any fiscal year the proceeds from the sale of land or property no longer needed for school purposes and all or any balances remaining in the general fund over and above the amount necessary for discharging obligations for the fiscal year in full.
  2. The special fund provided for herein shall be kept in a separate account designated as “school building fund.” The fund shall be kept in a depository selected by the board of education, or invested in bonds of the United States, of this state, or county or municipality in this state, provided, however, that such investments shall be approved by the Kentucky Board of Education.
  3. All expenditures from such fund shall be made solely for the purposes enumerated herein and shall be made in accordance with the school laws of the state at such times as the board of education determines. The board of education shall cause to be made annually an audit of the building fund by a certified public accountant or by an accountant approved by the State Department of Education.
  4. Notwithstanding the provisions of any other subsection of this section to the contrary, for the 1966 tax year and for all subsequent years no district board of education shall levy a tax at a rate under the provisions of this section which exceeds the compensating tax rate as defined in KRS 132.010 . The chief state school officer shall certify the compensating tax rate to the district board of education.

History. Enact. Acts 1946, ch. 36, § 1(3); 1965 (1st Ex. Sess.), ch. 2, § 4; 1976, ch. 127, § 4; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. III, § 112, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

1. High School Stadium.

A board is not authorized to expend funds for a high school stadium as the latter is not a “school building” within the meaning of this section. Board of Education v. Williams, 256 S.W.2d 29, 1953 Ky. LEXIS 714 ( Ky. 1953 ) (decided under prior law).

Cited:

Harlan-Wallins Coal Corp. v. Cawood, 303 Ky. 544 , 198 S.W.2d 218, 1946 Ky. LEXIS 891 ( Ky. 1946 ); Lewis v. Morgan, 252 S.W.2d 691, 1952 Ky. LEXIS 1019 ( Ky. 1952 ); Ranier v. Board of Education, 273 S.W.2d 577, 1954 Ky. LEXIS 1190 ( Ky. 1954 ); Cunningham v. Grayson, 541 F.2d 538, 1976 U.S. App. LEXIS 7450 (6th Cir. 1976).

Opinions of Attorney General.

Boards of education may place their general funds in banks designated as depositories pursuant to KRS 160.570 and obtain from such banks certificates of deposit representing time deposits of surplus funds subject to withdrawal on demand. OAG 64-70 .

A fund resulting from the sale of school property could be used for the purchase of sites for school buildings, for the erection and complete equipping of school buildings, and for the major alteration, enlargement and complete equipping of buildings, in accordance with the provisions of this section, even though refunding revenue bonds were outstanding on other school property. OAG 66-224 .

Research References and Practice Aids

Cross-References.

School property and buildings, KRS Ch. 162.

160.477. Special voted building taxes — Purposes — Special fund to be in separate account — Expenditures from fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 142; 1965 (1st Ex. Sess.), ch. 2, § 5; 1970, ch. 118, § 2; 1976, ch. 127, § 5; 1978, ch. 155, § 82, effective June 17, 1978; 1986, ch. 187, § 1, effective July 15, 1986; 1990, ch. 48 § 84, effective July 13, 1990; 1990, ch. 476, Pt. III, § 113, effective July 13, 1990) was repealed by Acts 1996, ch. 87, § 7, effective July 15, 1996.

160.480. Minimum limits on ad valorem tax; poll tax. [Repealed.]

Compiler’s Notes.

This section (2980, 4399-40) was repealed by Acts 1946, ch. 36, § 3.

160.482. Occupational license, policy (counties of 300,000).

To help provide for an efficient system of common schools in any county having three hundred thousand (300,000) or more inhabitants, the General Assembly delegates to the fiscal courts and boards of education of any such county the powers and duties set forth in KRS 160.482 to 160.488 . The General Assembly finds and declares that in any such county there are besetting public education special problems which can best be solved pursuant to KRS 160.482 to 160.488 . Furthermore, the General Assembly declares that the public policy of the Commonwealth is not offended but is best served by the authority of KRS 160.482 to 160.488 for the imposition, payment, and collection of license fees on businesses, trades, occupations, and professions over and above license fees that may already be imposed thereon.

History. Enact. Acts 1965 (1st Ex. Sess.), ch. 2, § 17; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 442, effective July 13, 1990.

160.483. Occupational license fees, rates, exemptions (counties of 300,000) — Regulation of ministers.

  1. The license fees imposed under KRS 160.482 to 160.488 on businesses, trades, occupations, and professions shall be at a single, uniform percentage rate not to exceed one-half of one percent (0.5%) of:
    1. Salaries, wages, and commissions, and other compensations earned by persons within the county for work done and services performed or rendered in the county; and
    2. The net profits of all businesses, trades, occupations, and professions, for activities conducted in the county.
  2. The license fees, once imposed, shall continue from year to year until changed as prescribed in KRS 160.484 .
  3. No public service company which pays an ad valorem tax is required to pay a license fee.
    1. It is the intent of the General Assembly to continue the exemption from local license fees and occupational taxes that existed on January 1, 2006, for providers of multichannel video programming services or communications services as defined in KRS 136.602 that were taxed under KRS 136.120 prior to January 1, 2006. (4) (a) It is the intent of the General Assembly to continue the exemption from local license fees and occupational taxes that existed on January 1, 2006, for providers of multichannel video programming services or communications services as defined in KRS 136.602 that were taxed under KRS 136.120 prior to January 1, 2006.
    2. To further this intent, no company providing multichannel video programming services or communications services as defined in KRS 136.602 shall be required to pay a license fee. If only a portion of an entity’s business is providing multichannel video programming services or communications services, including products or services that are related to and provided in support of the multichannel video programming services or communications services, this exclusion applies only to that portion of the business that provides multichannel video programming services or communications services, including products or services that are related to and provided in support of the multichannel video programming services or communications services.
  4. No license fee shall be imposed upon or collected from:
    1. Any bank, trust company, combined bank and trust company, combined trust, banking and title business in this state;
    2. Any savings and loan association whether state or federally chartered;
    3. Any income received by members of the Kentucky National Guard for active duty training, unit training assemblies, and annual field training; or
    4. Any income received by precinct workers for election training or work at election booths in state, county, and local primary, regular, or special elections.
  5. No license tax shall be collected from any individual who is not a resident of the county of the tax-levying authority imposing the tax.
  6. Pursuant to this section, no tax-levying authority shall regulate any aspect of the manner in which any duly ordained, commissioned, or denominationally licensed minister of religion may perform his or her duties and activities as a minister of religion. Duly ordained, commissioned, or denominationally licensed ministers of religion shall be subject to the same license fees imposed on others by the tax-levying authority on salaries, wages, commissions, and other compensation earned for work done and services performed or rendered.

History. Enact. Acts 1965 (1st Ex. Sess.), ch. 2, § 17; 1976, ch. 104, § 2; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 443, effective July 13, 1990; 1998, ch. 509, § 6, effective July 15, 1998; 2005, ch. 167, § 5, effective July 1, 2005; 2005, ch. 168, § 76, effective January 1, 2006.

Compiler’s Notes.

Section 10 of Acts 1998, ch. 509, provided that the 1998 amendments to this section “apply to tax years beginning after December 31, 1997.”

Legislative Research Commission Note.

(1/1/2006). This section was amended by 2005 Ky. Acts chs. 167 and 168, which do not appear to be in conflict and have been codified together.

160.484. Occupational license fees, imposition and discontinuation (counties of 300,000).

  1. Except as provided in subsections (2), (3), and (4) the fiscal court has discretion to impose or not impose the license fees authorized by KRS 160.482 to 160.488 at a percentage rate, not to exceed one-half of one percent (0.5%), determined by the fiscal court. A fiscal court shall not proceed under this subsection without first giving all boards of education in the county thirty (30) days notice of its intention.
  2. If one (1) or more boards of education of school districts within the county which contain at least ninety percent (90%) of county’s inhabitants, in the same calendar year certify to the fiscal court requests for a license fee at an identical percentage rate, not to exceed one-half of one percent (0.5%), then the fiscal court shall impose such license fees at the requested rate.
  3. Any license fees imposed under subsections (1) or (2) shall remain in full effect from year to year until all boards of education within the county have certified to the fiscal court requests for a reduction in the percentage rate theretofore imposed. Thereafter, the fiscal court shall reduce the rate to the highest rate certified as yet necessary by any board of education in the county. The fiscal court may require each board of education to make no more than one (1) certificate annually.
  4. In any calendar year in which one (1) or more boards of education of school districts containing at least ninety percent (90%) of the county’s inhabitants make a certification pursuant to subsection (2) for a rate which is at a higher percentage than any currently imposed, the fiscal court shall impose the license fee at the higher rate and any rate imposed pursuant to subsections (1), (2), or (3) shall be rescinded upon the date the new rate takes effect.

History. Enact. Acts 1965 (1st Ex. Sess.), ch. 2, § 18; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 444, effective July 13, 1990.

160.485. Occupational license fees, adoption — Referendum procedure.

  1. The imposition of license fees authorized hereby shall be by order or resolution of the fiscal court. There shall be no more than one (1) order or resolution passed in any one (1) calendar year. In the case of license fees required to be imposed pursuant to subsection (2) of KRS 160.484 , the fiscal court shall make the order or resolution within ten (10) days following receipt of the first request which makes subsection (2) of KRS 160.484 effective.
    1. The order or resolution of the fiscal court imposing license fees pursuant to subsections (1), (2), or (4) of KRS 160.484 shall go into effect forty-five (45) days after its passage. (2) (a) The order or resolution of the fiscal court imposing license fees pursuant to subsections (1), (2), or (4) of KRS 160.484 shall go into effect forty-five (45) days after its passage.
    2. During the forty-five (45) days next following the passage of the order or resolution, any five (5) qualified voters who reside in the county may commence petition proceedings to protest the passage of the order or resolution by filing with the county clerk an affidavit stating that they constitute the petition committee and that they will be responsible for circulating the petition and filing it in the proper form within forty-five (45) days from the passage of the order or resolution. The affidavit shall state their names and addresses and specify the address to which all notices to the committee are to be sent. Upon receipt of the affidavit, the county clerk shall:
      1. At the time of filing of the affidavit, notify the petition committee of all statutory requirements for the filing of a valid petition under this section;
      2. At the time of the filing of the affidavit, notify the petition committee that the clerk will publish a notice identifying the tax levy being challenged and providing the names and addresses of the petition committee in a newspaper of general circulation within the county, if such publication exists, if the petition committee remits an amount equal to the cost of publishing the notice determined in accordance with the provisions of KRS 424.160 at the time of the filing of the affidavit. If the petition committee elects to have the notice published, the clerk shall publish the notice within five (5) days of receipt of the affidavit; and
      3. Deliver a copy of the affidavit to the fiscal court and the impacted school districts.
    3. The petition shall be filed with the county clerk within forty-five (45) days of the passage of the order or resolution. All papers of the petition shall be uniform in size and style and shall be assembled in one (1) instrument for filing. Each sheet of the petition shall contain the names of voters from one (1) voting precinct only, and shall include the name, number and designation of the precinct in which the voters signing the petition live. The inclusion of an invalid signature on a page shall not invalidate the entire page of the petition, but shall instead result in the invalid signature being stricken and not counted. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name, street address, and Social Security number or birthdate of the person signing. The petition shall be signed by a number of registered and qualified voters residing in the affected jurisdiction equal to at least ten percent (10%) of the total number of votes cast in the last preceding presidential election.
    4. Upon the filing of the petition with the county clerk, the order or resolution shall be suspended until after the election referred to in subsection (3) of this section is held, or until the petition is finally determined to be insufficient and no further action may be taken pursuant to paragraph (h) of this subsection.
    5. The clerk shall immediately notify the fiscal court and the impacted school districts that the petition has been received and shall, within thirty (30) days of the receipt of the petition, make a determination of whether the petition contains enough signatures of qualified voters to place the order or resolution before the voters.
    6. If the county clerk finds the petition to be sufficient, the clerk shall certify to the petition committee, the fiscal court, and the impacted school boards within the thirty (30) day period provided for in paragraph (e) of this subsection that the petition is properly presented and in compliance with the provisions of this section, and that the order or resolution levying the tax will be placed before the voters for approval.
    7. If the county clerk finds the petition to be insufficient, the clerk shall, within the thirty (30) day period provided for in paragraph (e) of this subsection, notify, in writing, the petition committee, the fiscal court and the impacted school districts of the specific deficiencies found. Notification shall be sent by certified mail and shall be published at least one (1) time in a newspaper of general circulation within the county or, if there is no such newspaper, shall be posted at the courthouse door.
    8. A final determination of the sufficiency of a petition shall be subject to final review by the Circuit Court of the county and shall be limited to the validity of the county clerk’s determination. Any petition challenging the county clerk’s final determination shall be filed within ten (10) days of the issuance of the clerk’s final determination.
  2. Upon validation of the petition, the fiscal court shall submit to the voters of the county at the next regular election or called common school district election, which shall be held not less than thirty-five (35) days nor more than forty-five (45) days from the date the signatures on the petition are validated by the county clerk, the question as to whether the license fees for common school purposes shall be levied. Any called common school election shall comply with the provisions of KRS 118.025 . If the election is held in conjunction with a regular election, the question shall be submitted to the county clerk not later than the second Tuesday in August preceding the regular election. The question shall be so framed that the voter may by his vote answer, “for” or “against.” If a majority of the votes cast upon the question oppose its passage, the order or resolution shall not go into effect. If a majority of the votes cast upon the question favor its passage, the order or resolution shall go into effect.
  3. License fees imposed pursuant to KRS 160.482 to 160.488 shall become effective on the date specified in the order or resolution, but no later than the first day of the calendar year first beginning after the day the order or resolution is made.

History. Enact. Acts 1965 (1st Ex. Sess.), ch. 2, § 19; 1978, ch. 384, § 47, effective June 17, 1978; 1982, ch. 217, § 3, effective July 15, 1982; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 445, effective July 13, 1990; 1996, ch. 195, § 57, effective July 15, 1996; 2005, ch. 121, § 3, effective June 20, 2005.

Legislative Research Commission Note.

(6/20/2005). 2005 Ky. Acts ch. 121, § 6, provides: “The provisions of this Act shall apply to ordinances, orders, resolutions or motions passed after July 15. 2005.”

NOTES TO DECISIONS

  1. Verification of Petition.
  2. Number of Petitioners Needed.
1. Verification of Petition.

Where the petition contained the signatures and addresses of the signers, but there was no verification of the addresses on the petition, and where the proponents of the petition undertook to file new verifying affidavits subsequent to the expiration of the time for filing, such late action could not cure the defectiveness of the petition and it remained insufficient to fulfill the requirements of this section. Board of Education v. Fiscal Court of Warren County, 485 S.W.2d 752, 1972 Ky. LEXIS 141 ( Ky. 1972 ).

2. Number of Petitioners Needed.

Where fiscal court imposed tax levy on utilities in the county and the school districts and, within 30 days after passage of the tax levy, a petition was filed with the court for a referendum on the tax, containing a number of names equal to 15% of the votes in the school districts, the fiscal court was not authorized to order the tax levy suspended since the recall petition was not countywide and therefore contained insufficient number of signatures. Fiscal Court of Campbell County v. Board of Education, 522 S.W.2d 454, 1975 Ky. LEXIS 138 ( Ky. 1975 ).

Opinions of Attorney General.

Although subsection (2) of this section provides that each sheet of the petition should contain the signatures of voters in but one voting precinct, the whole sheet would not be disqualified where one of the persons signing that sheet was not a voter in that precinct, even though that person would be subject to disqualification. OAG 72-174 .

The election referred to in subsection (3) of this section refers to the regular November election that takes place every year. OAG 72-174 .

The “not less than sixty days” provision in subsection (3) of this section refers to the date of passage of the fiscal court order levying the school tax. OAG 72-174 .

The provision in subsection (2) of this section that the petition contain the signatures of 15% of the votes cast in the county for the office receiving the greatest total vote at the last preceding presidential election does not mean that every precinct in the county must be represented by 15% of the votes cast in the precinct, but that the aggregate number of signers must be 15%. OAG 72-174 .

Under subsection (2) of this section, the fiscal court must conduct an examination of the petition, and if it is regular on its face then the election is ordered as directed in subsection (3) of this section, subject to an appeal from the fiscal court order to the circuit court. OAG 72-174 .

In order to generate the referendum provisions of this section the signatures equal to 15 percent of those districts whose boards of education requested the tax are needed. OAG 72-471 .

After a tax levy is approved by the court under KRS 160.593 the question as to whether such tax should be levied may be passed on by the voters pursuant to the procedures specified in this section. OAG 72-521 .

Any school district in which a special school tax is levied or about to be levied may petition for a referendum to recall said tax within the district and such recall would not have to be on a countywide basis as the 1972 amendment to KRS 160.593 by chapter 271, section 1 provides that a tax shall be limited to the district requesting the tax. OAG 72-576 .

The provisions of this section providing for recall on a countywide basis were amended by implication by the 1972 amendment to KRS 160.593 by chapter 271, section 1. OAG 72-603 .

Where a request for the levy of a utility gross receipts tax for schools was defeated at the 1972 general election and the fiscal court has been presented with new requests for the imposition of said tax and the residents of the districts have filed petitions protesting the tax levy and requesting that the matter be placed on the ballot, the utility tax question can only be held at the general election in November, unless there has been a called election with respect to county school questions at a time other than the November election. OAG 73-301 .

The petition provided for in this section should be filed with the county clerk who is the clerk of the fiscal court. OAG 76-440 .

In a referendum seeking recall of certain school taxes while there is no specific wording for the ballot question provided in this section, it would appear that under the terms of subsection (3) it is the responsibility of the fiscal court to frame the question. OAG 76-440 .

The county clerk’s responsibilities on behalf of the fiscal court concerning a referendum petition that may be filed seeking the recall of certain taxes are that of accepting and checking the petition to see that it is legal on its face and in compliance with this section and KRS 160.609 (repealed), insofar as the number and validity of the signatures are concerned. OAG 76-440 .

There is no requirement that notice be published with respect to the filing of the petition for referendum seeking recall of certain school taxes or the referendum election provided for in this section; however, if such petition is found to be valid, the referendum question would appear on the ballot face required to be published by the clerk pursuant to KRS 424.290 . OAG 76-440 .

160.486. Occupational license fees — Collection — Distribution (counties of 300,000).

The license fees imposed by authority of KRS 160.482 to 160.488 shall be collected by the fiscal court or its agent, and the proceeds thereof shall be promptly divided and distributed to each school district within the county in proportion to the number of pupils in average daily attendance in each school district as shown by the most recent statistics certified by the chief state school officer pursuant to KRS 157.310 to 157.440 . The fees shall be used for any purpose for which other common school funds may be used.

History. Enact. Acts 1965 (1st Ex. Sess.), ch. 2, § 20; 1990, ch. 476, Pt. IV, § 233, effective July 13, 1990.

NOTES TO DECISIONS

1. Constitutionality.

This section is valid and does not contravene the express will of the people contained in the Constitution of Kentucky. Board of Education v. Board of Education, 458 S.W.2d 6, 1970 Ky. LEXIS 160 ( Ky. 1970 ).

Opinions of Attorney General.

This section requires the distribution of the proceeds of the occupational license fees on the basis of the “most recent” data on average daily attendance and revised average daily attendance statistics cannot be applied retroactively to the beginning of the fiscal year to alter the percentage of proceeds distributed to the school districts in the county. OAG 67-183 .

160.487. Action for refund of occupational license fees (counties of 300,000).

Any person who has paid the license fees imposed under KRS 160.484 and 160.485 may bring an action for the refund thereof without interest only within one (1) year after the license fees for any year become due. If the court finds that the license fees were invalidly collected for any reason, it shall order a refund thereof.

History. Enact. Acts 1965 (1st Ex. Sess.), ch. 2, § 21; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 446, effective July 13, 1990.

160.488. Effect of occupational license fees law (counties of 300,000).

  1. KRS 68.180 , 68.185 , 68.190 , and 160.482 to 160.488 shall not be construed as repealing any other laws of the Commonwealth relating to the levy, assessment, and collection of taxes or license fees but shall be held and construed to authorize an additional license fee, against which the credit allowed by KRS 68.190 does not apply.
  2. KRS 68.180 , 68.185 , 68.190 , and 160.482 to 160.488 shall not in any manner repeal, amend, affect, or apply to any existing statute exempting property from local taxation, or fixing a special rate on proper classification, or imposing a state tax which is declared to be in lieu of all local taxation.
  3. The provisions of any statute relating to ad valorem taxes do not apply to KRS 68.180 , 68.185 , 68.190 , and 160.482 to 160.488 or to the license fees authorized by it.

History. Enact. Acts 1965 (1st Ex. Sess.), ch. 2, § 22; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 447, effective July 13, 1990.

160.490. Maximum limits on ad valorem tax. [Repealed.]

Compiler’s Notes.

This section (2980, 4399-40) was repealed by Acts 1946, ch. 36, § 3.

160.500. Collector of school taxes — Allowances to — Special collector — Tax bills.

  1. School taxes shall be collected by the sheriff for county school districts and by the regular tax collector of the city or special tax collector for the independent school districts at the same time and in the same manner as other local taxes are collected, except as provided in this section and in KRS 160.510 . The bond of the regular or special tax collector shall be made to cover the duties as the tax collector of the school district or districts for which he or she collects taxes. The tax collector shall be entitled to a commission equal to his or her expenses incurred in collecting the school taxes, provided that the commission shall not be less than one and one-half percent (1.5%) or more than four percent (4%) of the amount of school taxes collected, plus four percent (4%) of the amount of any interest earned on the amounts collected and invested by the tax collector prior to distribution to the school district. No allowance shall be made for the collection of school taxes to any collecting officer who continues to collect taxes after the term that would not be allowed him or her had he collected the taxes during his or her term.
  2. An independent school district may select a special tax collector to collect its school taxes. If an independent school district selects a special tax collector, a majority of the members of the independent school district board of education shall fix a commission for the special tax collector at a rate of not less than one and one-half percent (1.5%) and not more than four percent (4%) of the school taxes or school funds collected by the special tax collector from the local school levy in such independent school district, plus four percent (4%) of the amount of any interest earned on the amounts collected and invested by the tax collector prior to distribution to the school district. The special tax collector shall be required to execute bond in the same manner as provided in KRS 160.560 for the execution of a treasurer’s bond, and the penal sum of the bond shall not be less than the aggregate of the tax bills that come into the hands of the special tax collector.
  3. The clerk shall include all school taxes on the regular tax bills furnished the tax collector unless an independent district has selected a special tax collector, in which case the school taxes shall be listed by the clerk on a separate bill. The clerk shall be allowed a fee not to exceed three cents ($0.03) for each separate school tax bill, to be paid by the independent district board of education.
  4. The county clerk shall be the ad valorem tax collector for motor vehicle taxes for county and independent school districts, and shall receive a commission of four percent (4%) of all such moneys collected for any school district, which commission shall be deducted monthly before payment to the depository of the district board of education.
  5. The General Assembly of Kentucky finds that commissions and fees set by the General Assembly for services performed in collecting ad valorem taxes by county clerks are the reasonable costs of collection by county clerks and their offices. The county clerk shall account for all funds collected to each taxing authority; however, in any accounting or settlement with district boards of education, the county clerk shall not be required to itemize any incremental costs in any accounting or settlement for ad valorem taxes collected.

History. 4399-40, 4399-41; amend. Acts 1946, ch. 143; 1976, ch. 127, § 6; 1982, ch. 264, § 13, effective January 1, 1984; 1988, ch. 355, § 2, effective July 15, 1988; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 448, effective July 13, 1990; 2009, ch. 10, § 64, effective January 1, 2010.

Compiler’s Notes.

This section (4399-40, 4399-41; amend. Acts 1946, ch. 143; 1976, ch. 127, § 6; 1982, ch. 264, § 13, effective January 1, 1984; 1988, ch. 355, § 2, effective July 15, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 448, effective July 13, 1994.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Fee to Be Reasonable Cost.
  3. — Determination.
  4. Collection after Expiration of Term.
  5. Collection Costs.
1. Constitutionality.

The additional three percent fee formerly allowed the sheriff of Jefferson County for the collection of school taxes violated Ky. Const., §§ 180, 184 as a diversion of more than $50,000 annually from school purposes would have resulted. Dickson v. Jefferson County Board of Education, 311 Ky. 781 , 225 S.W.2d 672, 1949 Ky. LEXIS 1251 ( Ky. 1949 ).

A flat four percent fee violates provisions of Ky. Const., §§ 180, 184, against diverting taxes or school funds in cases where the reasonable cost of collection is less than the amount reached by the application of the four percent formula to the total amount of taxes collected. Dickson v. Jefferson County Board of Education, 311 Ky. 781 , 225 S.W.2d 672, 1949 Ky. LEXIS 1251 ( Ky. 1949 ).

Retention by sheriff of four percent of school tax collected was unconstitutional diversion of school funds where evidence indicated one percent was sufficient to cover cost of collecting school tax and the extra three percent was to be used by the sheriff for general expenses of his office. Board of Education v. Wagers, 239 S.W.2d 48, 1951 Ky. LEXIS 836 ( Ky. 1951 ).

Although it may have been that the General Assembly’s intent was to create a flat four percent commission for the county clerks for collecting the taxes, such interpretation would bring subsection (3) of KRS 134.805 into conflict with Ky. Const., §§ 180, 184; therefore, a county clerk may not receive a fee for collecting the school tax which is in excess of his or her actual cost of collection, not exceeding four percent. Benson v. Board of Education, 748 S.W.2d 156, 1988 Ky. App. LEXIS 11 (Ky. Ct. App. 1988).

2. Fee to Be Reasonable Cost.

Four percent fee fixed by this section could only be allowed where the reasonable cost of collection justified allowance of the maximum fee and where sheriff did not employ deputies and had no expenses for supplies and equipment, maximum fee was not allowable. Wells v. Board of Education, 244 S.W.2d 160, 1951 Ky. LEXIS 1204 ( Ky. 1951 ).

Under this section, the sheriff is entitled to retain as compensation the reasonable cost of collecting school taxes, not to exceed four percent. Davie v. Board of Education, 249 S.W.2d 954, 1952 Ky. LEXIS 891 ( Ky. 1952 ).

The school fund is chargeable only with the reasonable expenses actually incurred in collecting the school tax. Board of Education v. Workman, 256 S.W.2d 528, 1953 Ky. LEXIS 756 ( Ky. 1953 ).

Even though this section authorizes the sheriff to charge a fee of four percent of the school taxes collected, if the charge, including his compensation, exceeds reasonable costs of collecting, he is limited to a lesser charge. Grayson County Board of Education v. Boone, 452 S.W.2d 371, 1970 Ky. LEXIS 348 ( Ky. 1970 ).

3. — Determination.

The question of whether a four percent fee is reasonable will be adjudged according to the facts developed in each case. Board of Education v. Wagers, 239 S.W.2d 48, 1951 Ky. LEXIS 836 ( Ky. 1951 ).

Entire annual salaries of sheriff’s deputies were not chargeable to collection of taxes, but allowance should be made for personal supervisory services of sheriff and under the facts allowance in fixing the reasonable cost of collection at two percent (2%) of the school taxes collected was not erroneous. Board of Education v. Ballard, 249 S.W.2d 956, 1952 Ky. LEXIS 892 ( Ky. 1952 ).

The trial court must fix the quantity of the fee for collecting school taxes at a figure commensurate with the services rendered. Barren County Board of Education v. Edmunds, 252 S.W.2d 882, 1952 Ky. LEXIS 1036 ( Ky. 1952 ).

For the purpose of determining the cost of school tax collections the expense must be determined on the basis of a reasonable compensation for the time devoted by the deputies to tax collection work and a percentage contract between the sheriff and his deputies whereby they receive compensation computed on basis of tax collection cannot be used to determine cost of collection of such tax. Board of Education v. Workman, 256 S.W.2d 528, 1953 Ky. LEXIS 756 ( Ky. 1953 ).

In an action to determine the sheriff’s fees for school tax collection where it was stipulated that the county attorney and county clerk received $6,100 through salary and fees, it was proper to allow the sheriff the same amount, as a basis upon which to compute the percentage of the sheriff’s compensation chargeable to tax collections. Board of Education v. Workman, 256 S.W.2d 528, 1953 Ky. LEXIS 756 ( Ky. 1953 ).

Sheriff should be allowed compensation for collecting the franchise and oil production taxes which were paid by large checks at his office with no collection work required. Board of Education v. Workman, 256 S.W.2d 528, 1953 Ky. LEXIS 756 ( Ky. 1953 ).

Simply deducting from the total expenses of the sheriff’s office the amount of money paid the sheriff by the state for law-enforcement work, was not a proper way of determining what expenses were attributable to tax collection work for the amount of money received by sheriff in the form of compensation has nothing at all to do with a determination of the expenses of office. Board of Education v. Workman, 256 S.W.2d 528, 1953 Ky. LEXIS 756 ( Ky. 1953 ).

In a declaratory judgment action to determine the sheriff’s fee for collecting school taxes where the proof was not adequate to enable the court to make a final and correct decision, the case was remanded for the purpose of taking further proof designed to show what portion of the time of the sheriff and his deputies was devoted to tax collection work. Board of Education v. Workman, 256 S.W.2d 528, 1953 Ky. LEXIS 756 ( Ky. 1953 ).

The school fund cannot be compelled to finance law-enforcement functions of the sheriff’s office. Board of Education v. Workman, 256 S.W.2d 528, 1953 Ky. LEXIS 756 ( Ky. 1953 ).

Although each case must be decided upon the particular facts involved, the general formula in computing the cost of collection (although it is not intended to be applied as an exact mathematical rule) has been to (1) first determine the percentage of their time the sheriff and his deputies devote to all tax collection work, and take this percentage of their total compensation giving the compensation for personal services allocable to the collection of all taxes then (2) to determine the ratio of school tax collections to total tax collections and apply it to the amount of compensation for personal services allocated to the cost of collecting all taxes, thus producing the amount allocable to school tax collection and (3) when costs other than personal services were involved to allocate them according to the same formula except where clearly attributable to a specific activity and (4) local standards of compensation were given some consideration in determining the sum that should be allowed the sheriff for his own services. However the keeping of more adequate and detailed records by the sheriff might eliminate the necessity of applying any formula. Board of Education v. Workman, 256 S.W.2d 528, 1953 Ky. LEXIS 756 ( Ky. 1953 ).

Where from the record it was clear that no settlement had been made in the county court for school taxes, and that by tacit understanding the sheriff had paid over to the school board all tax collections except the amount of his commission which was in dispute, the sheriff’s contention that the only remedy of the school board was by taking exceptions to the sheriff’s settlement in county court was without merit and an action for a declaratory judgment was maintainable. Board of Education v. Workman, 256 S.W.2d 528, 1953 Ky. LEXIS 756 ( Ky. 1953 ).

Where no accurate time accounting could be made for school tax collection by the sheriff and his employees but the four percent he retained was not excessive, there was no diversion of school funds in the retention of the four percent. Grayson County Board of Education v. Boone, 452 S.W.2d 371, 1970 Ky. LEXIS 348 ( Ky. 1970 ).

4. Collection after Expiration of Term.

In view of provision of subsection (1) of this section that no allowance shall be made for collection of school taxes to any collecting officer who continues to collect taxes after his term that would not be allowed to him had he collected the taxes during his term, a sheriff who could not claim, during his term, the increased collection fee provided by the 1946 amendment to this section, because he was in office at the time the amendment became effective, likewise could not claim the increased fee in serving as special tax collector after expiration of his term. Weber v. True, 304 Ky. 681 , 202 S.W.2d 174, 1947 Ky. LEXIS 704 ( Ky. 1947 ).

5. Collection Costs.

The allocation of the costs of collection of school taxes based on a percentage of revenue collected does not violate Const., § 184; such collection costs in no way diminish the constitutional command that school taxes must be appropriated to the common schools and no other purpose. These basic principles were not changed by the adoption of the Kentucky Education Reform Act of 1990. Board of Educ. v. Williams, 930 S.W.2d 399, 1996 Ky. LEXIS 94 ( Ky. 1996 ).

Cited:

Board of Education v. Newport, 283 Ky. 215 , 140 S.W.2d 1046, 1940 Ky. LEXIS 314 ( Ky. 1940 ); Stokley v. Fleming County Board of Education, 305 Ky. 602 , 205 S.W.2d 168, 1947 Ky. LEXIS 881 ( Ky. 1947 ).

Opinions of Attorney General.

Since, under KRS 160.400 , the fiscal court is the levying authority for school districts not embraced by cities of the first four classes, the county sheriff must collect the taxes levied on behalf of such schools. OAG 61-414 .

Under subsection (1) of this section a board of education may not enter into a contract with a sheriff to pay, as a fee for the collection of school taxes, a certain percentage of the amount collected but may contract to pay a reasonable amount which approximates the cost of collection not to exceed four percent. OAG 62-335 .

If penalties collected on delinquent taxes are due and owing to the local school district, then to permit the sheriff to retain said penalty moneys would constitute an unlawful use of school funds for other than school purposes. OAG 63-121 .

Subsection (1) of this section requires that the sheriff’s bond be made to cover his duties as tax collector of the school district or districts for which he collects taxes and if the sheriff fails to pay over to the school district the proper amount of tax money, he is liable on his official bond. OAG 64-159 .

Where the sheriff turned in all school taxes for which he was accountable, excess fees should not have been paid to the school board. OAG 65-779 .

A special tax collector selected by an independent school district pursuant to subsection (2) of this section is an officer of the school district and an employee of the school district under the definition of that term in the Social Security Act and enabling legislation enacted by the Kentucky General Assembly. OAG 67-95 .

A county attorney would have no official duty to represent the sheriff in a lawsuit filed by the school board against the sheriff for fees reimbursable to the school board. OAG 67-144 .

A fee increase to the sheriff for collecting county school taxes could be made retroactive to the beginning of the tax year. OAG 67-164 .

The county clerk is entitled to a fee of three cents per bill for preparation of separate tax bills if a special school tax collector is selected, but the clerk is entitled to no compensation if the sheriff collects the school taxes on the regular county tax bills. OAG 67-288 .

It is mandatory that the county clerk prepare the tax bills for an independent school district. OAG 67-288 .

Separate tax bills should be prepared only if the independent school district selects a tax collector other than the sheriff. OAG 67-288 .

The sheriff’s excess fees for collecting school tax should be turned over to the county as excess fees and any part of such fees which exceeds the cost of collection should be delivered to the board of education as school money. OAG 69-59 .

Under subsection (1) of this section, the regular tax collecting authority is required to collect school taxes for the independent school district if so requested. OAG 69-283 .

A special tax collector is not liable for uncollectible tax bills but can only be held to a duty to diligently and faithfully attempt to collect all taxes due. OAG 72-290 .

There is no final date by which the independent school district must notify the county sheriff or the county clerk of its intent to change collectors and if the tax bills in question have been prepared by the county clerk and delivered to the sheriff for collection, it would appear that the sheriff is the collector of taxes for the independent school district and the fee for such collection can be from one percent to four percent, depending upon what is sufficient to cover the costs of collection. OAG 73-630 .

The tax collector is entitled to recover the reasonable cost of collection of school taxes, not to exceed four percent of the amount collected, in accordance with an itemized statement of collection expenses which he must file. OAG 73-804 .

It is up to the sheriff to keep the school tax collection separate from other collections in order to determine the legal fee. OAG 74-595 .

The sheriff should not settle his fee with the school board or receive it until after he computes the reasonable cost of collection, since his fee cannot exceed the reasonable cost of collection. OAG 74-595 .

If a sheriff receives 4% for school taxes collected under this section, and a later determination indicates that the reasonable cost of collection is a lesser fee, then he must charge the school board the lesser fee and the excess or illegal part of the fee must be returned to the school board. OAG 74-595 .

The county sheriff who acts as the regular tax collector for the school district is not required by this section to purchase an additional bond for the collection of school taxes and, if the school board decides for any reason that an additional bond is required, the premium for such bond should be paid with school district funds. OAG 75-23 .

There is no requirement of a written contract for the collection of school taxes. OAG 75-131 .

Even though a 4% commission fee for the collection of school taxes is authorized, if the charge including his compensation exceeds the reasonable costs of collecting the taxes, the sheriff can be limited to a lesser commission rate. OAG 75-131 .

Where the fiscal court directly pays a portion of the expenses of the sheriff’s office, the portion of that payment which is attributable to the expenses of the sheriff’s office incurred in collecting school taxes may be collected by the sheriff from the county board of education as a part of the cost of collecting school taxes and, in turn, should be repaid by the sheriff to the fiscal court. OAG 75-361 .

The sheriff’s fee for collecting school taxes can be up to four percent of the taxes collected, except the fee cannot exceed the reasonable cost of collecting such taxes. OAG 76-627 .

A sheriff could not base his fee for collecting school taxes on nine months of his salary, for the sheriff must compute his cost of collection of school taxes as a percentage of the cost of collection of all taxes. OAG 77-98 .

Nothing in this section provides for the fiscal court to either assume part of the cost for each special tax collector or share envelope and postage costs. OAG 77-290 .

Once the sheriff’s total fee for collecting school taxes is properly computed the constitutional test of diversion is met since the constitutional diversion occurs no sooner than the reasonable cost of collection is exceeded, regardless of how much the excess is. OAG 78-146 .

The reasonable cost of collecting school taxes is based upon a proper determination of the cost of collecting all taxes, and then the determination of the cost of collecting school taxes and that percentage of the total time allocable to school tax collection is really the percentage of all taxes collected represented by school taxes. OAG 78-146 .

The total cost of collecting school taxes (prior to the 75% and 25% distribution at state level) is strictly constitutional as being an expenditure for school purposes. OAG 78-146 .

The definition of the word “shall” as used in subsection (3) of this section is mandatory and the county clerk may not break the tax bill down into two installments. OAG 79-536 .

A school system need not delay payment of the collection fee until all taxes are collected; a predetermined time, be it monthly or otherwise, for payment by the school district to the sheriff of his fee for school tax collection, if based upon a reasonable approximation of the cost of collection, is legally permissible. OAG 82-587 . (Opinion prior to effective date of 1982 amendment.)

A sheriff, or other tax collection agent, if retained by an independent school district, may not deduct the collection fee before school tax funds are presented to the depository for the school district; since, pursuant to KRS 160.510 , the sheriff, and special tax collector also, are obligated to make monthly statements of the amount of school taxes collected, all tax amounts collected must be turned over to the depository of the district board of education. OAG 82-587 . (Opinion prior to effective date of 1982 amendment.)

A school system may write a monthly check for the collection fee for the collection of taxes providing the sheriff delivers a proper bill; a school may monthly, or bimonthly, agree to pay the sheriff his fee, up to four percent, covering the school taxes collected for the particular reporting period, based upon a showing by the sheriff of the reasonable costs incurred in collecting the school taxes. OAG 82-587 . (Opinion prior to effective date of 1982 amendment.)

It is clear from the express language and context of subsection (1) of this section that the one and one-half percent fee must be based upon an actual and reasonable expense at least equal to that percentage; where the facts indicate that the actual and reasonable expense was something less than one and one-half percent, only that lesser percentage could be paid the sheriff. Regardless of the statutory fee treatment given by the General Assembly, the sheriff’s fee cannot exceed the actual and reasonable cost of collection up to a maximum of four percent. OAG 84-325 .

The clerk’s fee for collecting school ad valorem taxes on motor vehicles is the reasonable cost of collecting such taxes, not to exceed four percent. OAG 84-369 .

City is not entitled to a collection fee under this section for its services in collecting a utility gross receipts license tax levied by the County Board of Education when the city is the owner and operator of the water utility taxed. OAG 91-170 .

A board of education cannot designate the sheriff to collect some school taxes, and designate an employee to collect the remainder, because a shared responsibility would defeat the legislative intention present in this section and KRS 160.505 to make a single person responsible for collection of the taxes. OAG 92-11 .

Collection agencies may not collect school taxes imposed by county school districts because under subsection (1) of this section the sheriff is designated as the party responsible for the collection of school taxes for county schools; the only alternative is provided by KRS 160.505 , which authorizes a board of education to “appoint a person who shall be responsible for collection and administration” of the tax which clearly contemplates that the person so appointed will be an employee of the school district rather than a private contractor. OAG 92-11 .

While delinquent taxes may be placed in a separate logical category from school taxes in general, it is a category without legal significance; delinquent school taxes are still school taxes, and their collection must comply with the statutory provisions for the collection of school taxes. OAG 92-11 .

Research References and Practice Aids

Cross-References.

Assessments of taxing districts, when to be certified to county clerk, KRS 134.140 .

County clerk to calculate taxes due school districts, KRS 132.550 .

Sheriff is tax collector, by virtue of his office, unless payment is directed to be made to some other officer, KRS 134.140 .

160.505. Certain taxes to be collected by person appointed by board of education.

KRS 160.500 to the contrary notwithstanding, if a tax authorized by KRS 160.593 to 160.597 , 160.601 to 160.633 , and 160.635 to 160.648 shall be collected by a board of education, the board of education shall appoint a person who shall be responsible for collection and administration of such tax. If one (1) or more boards of education agree in writing to levy identical taxes authorized by the statutes mentioned hereinabove, the boards of education so agreeing shall jointly appoint a person who shall be responsible for collection and administration of such tax as provided for in KRS 160.593 (2). The position may be full-time or part-time and his compensation shall be fixed by the board and/or boards of education. The bond of this person shall be made to cover his duties as tax collector.

History. Enact. Acts 1978, ch. 233, § 37, effective June 17, 1978; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 449, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 233, § 37, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 449, effective July 13, 1990.

Opinions of Attorney General.

A board of education cannot designate the sheriff to collect some school taxes, and designate an employee to collect the remainder, because a shared responsibility would defeat the legislative intention present in KRS 160.500 and this section to make a single person responsible for collection of the taxes. OAG 92-11 .

Collection agencies may not collect school taxes imposed by county school districts because under KRS 160.500(1), the sheriff is designated as the party responsible for the collection of school taxes for county schools; the only alternative is provided by this section, which authorizes a board of education to “appoint a person who shall be responsible for collection and administration” of the tax which clearly contemplates that the person so appointed will be an employee of the school district rather than a private contractor. OAG 92-11 .

While delinquent taxes may be placed in a separate logical category from school taxes in general, it is a category without legal significance; delinquent school taxes are still school taxes, and their collection must comply with the statutory provisions for the collection of school taxes. OAG 92-11 .

160.510. Taxes paid to depository — Reports of tax collector.

The tax collector shall, on or before the tenth day of each month, pay to the depository of the district board of education the amount of school tax collected up to and including the last day of the preceding month, except that the county clerk shall deduct his collection fee before payment to the district board of education depository. The amount so paid together with the classes of property from which it was received shall be reported in writing to the treasurer of the board. The report shall be accompanied by a duplicate of the receipt for the money given to the tax collector by the depository. The tax collector shall make final settlement with the district board of education at the same time he makes final settlement with the local taxing authority to which he is responsible. Blanks for such purposes shall be furnished by the Kentucky Board of Education.

History. 4399-40; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1988, ch. 355, § 3, effective July 15, 1988; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 450, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

This section (4399-40; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1988, ch. 355, § 3, effective July 15, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 450, effective July 13, 1990.

NOTES TO DECISIONS

  1. Prior Month’s Collection.
  2. Liability of Collector.
  3. Deduction Before Deposit.
1. Prior Month’s Collection.

The sheriff becomes indebted to the school board each month for taxes collected the month before. Helton v. Hoskins, 278 Ky. 352 , 128 S.W.2d 732, 1939 Ky. LEXIS 426 ( Ky. 1939 ).

2. Liability of Collector.

Acceptance of a tax collector’s final settlement release him and his sureties from further liability for delinquent taxes. McKinney's Adm'x v. Commonwealth, 260 Ky. 608 , 86 S.W.2d 167, 1935 Ky. LEXIS 504 ( Ky. 1935 ).

Where sheriff collected $201,210.40 in school taxes and at the time of settlement withheld $8,048.40 representing a fee of 4 percent but claimed $4,900 as a fee and the board of education claimed he was entitled to only $800 and the court allowed him $3,782.75, he was liable for interest on the difference between the $3,782.75 commission allowed him by the court and the $8,048.40 he withheld. However, the costs should be divided equally between the sheriff and the board since the fee awarded the sheriff by the court was substantially in excess of the amount to which the board sought to limit him. Board of Education v. Collins, 259 S.W.2d 17, 1953 Ky. LEXIS 904 ( Ky. 1953 ).

3. Deduction Before Deposit.

The plain reading of this section requires that the whole amount of school tax collected be paid to the depository; thus, a clerk may not deduct his or her fee prior to paying to the depository of the School District Board of Education the amount of the school tax collected. Benson v. Board of Education, 748 S.W.2d 156, 1988 Ky. App. LEXIS 11 (Ky. Ct. App. 1988).

Opinions of Attorney General.

The gross amount of all tax collections by the sheriff must be paid over to the school district and the school district treasurer should then reimburse the sheriff in the amount of his agreed-to commission. OAG 75-131 .

A sheriff acting as collector of school taxes may not, after the 10th of the month, withhold school taxes collected from a district, but if he does withhold beyond the 10th, he is liable for 6% interest on the unpaid amount. OAG 76-54 .

A tax collector cannot retain his collection fee out of the school taxes collected; instead, he must turn over to the school board all the taxes collected and the board will then pay him the proper fee. OAG 76-251 .

The sheriff has no statutory authority to invest tax money during the period prior to his turning the money over to the appropriate taxing authority. OAG 80-518 , modifying OAG 78-9 .

A school system need not delay payment of the collection fee until all taxes are collected; a predetermined time, be it monthly or otherwise, for payment by the school district to the sheriff of his fee for school tax collection, if based upon a reasonable approximation of the cost of collection, is legally permissible. OAG 82-587 .

A school system may write a monthly check for the collection fee for the collection of taxes providing the sheriff delivers a proper bill; a school may monthly, or bimonthly, agree to pay the sheriff his fee, up to four percent, covering the school taxes collected for the particular reporting period, based upon a showing by the sheriff of the reasonable costs incurred in collecting the school taxes. OAG 82-587 .

A sheriff, or other tax collection agent if retained by an independent school district, may not deduct the collection fee before school tax funds are presented to the depository for the school district; since, pursuant to this section, the sheriff, and special tax collector also, is obligated to make monthly statements of the amount of school taxes collected, all tax amounts collected must be turned over to the depository of the district board of education. OAG 82-587 .

160.520. Penalties for tax delinquency — General laws apply.

The laws applying to penalties on and the collection of delinquent school taxes, except the taxes imposed by KRS 160.613 to 160.617 shall be the same as the general laws applying to penalties on and the collection of delinquent taxes of the taxing districts which embrace the various school districts.

History. 4399-40; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 451, effective July 13, 1990; 2004, ch. 79, § 16, effective July 1, 2005.

NOTES TO DECISIONS

  1. Penalties and Interest.
  2. Liability of Collector.
1. Penalties and Interest.

Penalties and interest on delinquent school taxes belong to the board of education. Board of Education v. Paducah, 261 Ky. 549 , 88 S.W.2d 292, 1935 Ky. LEXIS 700 ( Ky. 1935 ); Pineville v. Board of Education, 272 Ky. 636 , 114 S.W.2d 1088, 1938 Ky. LEXIS 161 ( Ky. 1938 ) (decided under prior law).

2. Liability of Collector.

The collector must account for penalty and interest payable by taxpayer, and he was liable for interest as of the statutory due date. Knox County v. Lewis' Adm'r, 253 Ky. 652 , 69 S.W.2d 1000, 1934 Ky. LEXIS 693 ( Ky. 1934 ) (decided under prior law). But see Clarke v. Commonwealth, 233 Ky. 728 , 26 S.W.2d 1041, 1930 Ky. LEXIS 655 ( Ky. 1930 ) (decided under prior law).

A city tax collector was liable for only such penalties on delinquent taxes as were prescribed by the city ordinances. Board of Education v. Hatton, 253 Ky. 828 , 70 S.W.2d 923, 1934 Ky. LEXIS 746 ( Ky. 1934 ) (decided under prior law).

A city is liable to the school board for all school taxes, penalty and interest that have been collected, but not for amounts due and uncollected. Board of Education v. Paducah, 261 Ky. 549 , 88 S.W.2d 292, 1935 Ky. LEXIS 700 ( Ky. 1935 ) (decided under prior law).

Opinions of Attorney General.

Penalties and interest accruing on delinquent school taxes must be paid to the board of education. OAG 60-808 .

Research References and Practice Aids

Cross-References.

Taxes on corporate franchises, when due, KRS 136.050 .

160.530. Use of school money.

The money collected by taxation under the provisions of KRS 160.460 to 160.520 and other school money shall be expended by the board of education in accordance with the recommendations contained in the budget submitted to the Kentucky Board of Education.

History. 4399-40; amend. Acts 1954, ch. 214, § 16(1), 1976, ch. 127, § 7; 1978, ch. 155, § 82, effective June 17, 1978; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 452, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

This section (4399-40; amend. Acts 1954, ch. 214, § 16(1), 1976, ch. 127, § 7; 1978, ch. 155, § 82, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 452, effective July 13, 1990.

NOTES TO DECISIONS

  1. District School Funds.
  2. Judgment Against County Board of Education.
  3. Decisions by Local School Board.
1. District School Funds.

District school funds collected by taxation under the provisions of KRS 160.460 to 160.520 do not become part of the common school fund of the state which is distributed by the state to the various school districts on a per capita basis and the state has nothing to do with the funds of the local school district. Commonwealth ex rel. Meredith v. Reeves, 289 Ky. 73 , 157 S.W.2d 751, 1941 Ky. LEXIS 21 ( Ky. 1941 ).

2. Judgment Against County Board of Education.

Fact that there is no fund available to pay judgment against county board of education for refund of illegal taxes does not invalidate judgment, since county board of education may sue and be sued, and sufficient funds may be lawfully raised by taxation and used to pay the judgment. Board of Education v. Louisville & N. R. Co., 280 Ky. 650 , 134 S.W.2d 219, 1939 Ky. LEXIS 184 ( Ky. 1939 ).

3. Decisions by Local School Board.

The underlying theme of this section is that the actual decisions addressed hereunder are to be made by the local school board, not the state. Blackburn v. Floyd County Bd. of Educ., 749 F. Supp. 159, 1990 U.S. Dist. LEXIS 18321 (E.D. Ky. 1990 ).

Opinions of Attorney General.

Where the General Assembly failed to include a delayed effective date for the provisions regarding the teachers’ duty-free lunch period and class-size limitations in grades 1-8 contained in the education package enacted in the 1985 extraordinary session, the effective date of these provisions was October 18, 1985. However, given the restrictions of KRS 160.550(1) and this section, as well as the impracticalities of implementation on October 18, it was doubtful that any local school district could be expected to implement these programs on October 18. Therefore, except where otherwise expressly indicated in a particular provision, the education improvement programs which the local school districts have a duty to implement would have to be implemented by the local school districts beginning with the 1986-87 school year. OAG 85-132 .

Research References and Practice Aids

Cross-References.

Agricultural extension work, appropriations may be made from school funds for, KRS 247.080 .

Boards of education of Louisville and Jefferson County may pay money to city-county board of health for school health services, KRS 212.470 .

Conferences of school officials, expenses of to be paid from school funds, KRS 156.190 .

Financial matters to be reported to state board of education, KRS 157.060 .

Investment of school funds, KRS 386.050 .

School district not to lend credit or become stockholder in corporation, Ky. Const., § 179.

State school fund, distribution of, Ky. Const., § 186; KRS Ch. 157.

Superintendent of public instruction to supervise accounts of local boards, KRS 156.160 , 156.200 .

160.531. Board of education in county containing a city of the first class may impose license fees on business, trade, occupation or profession; rates; approval of voters required; exemptions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 108, §§ 1 and 3) was repealed by Acts 1965 (1st Ex. Sess.), ch. 2, § 26.

160.532. Election. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 108, § 2) was repealed by Acts 1965 (1st Ex. Sess.), ch. 2, § 26.

160.533. Collection of license fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 108, § 4) was repealed by Acts 1965 (1st Ex. Sess.), ch. 2, § 26.

160.534. Provisions of KRS 160.460, 160.500 and 160.510 inapplicable to license fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 108, § 5) was repealed by Acts 1965 (1st Ex. Sess.), ch. 2, § 26.

160.540. Power to borrow money in anticipation of taxes.

Any board of education may borrow money on the credit of the board and issue negotiable notes in anticipation of revenues from school taxes and state revenue for the fiscal year in which the money is borrowed, and may pledge the anticipated revenues from state and local sources for the payment of principal and interest on the loan. The rate of interest shall be at the rate or rates or method of determining rates as the board determines. In all cases such loans shall be repaid within the fiscal year in which they are borrowed.

History. 4399-44; amend. Acts 1982, ch. 45, § 1, effective July 15, 1982; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 453, effective July 13, 1990; 1996, ch. 274, § 33, effective July 15, 1996.

Compiler’s Notes.

This section (4399-44; amend. Acts 1982, ch. 45, § 1, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 453, effective July 13, 1990.

NOTES TO DECISIONS

  1. Floating Indebtedness.
  2. Limitation on Borrowing.
  3. Liquidation of Notes.
1. Floating Indebtedness.

A floating indebtedness cannot be funded without violating Ky. Const., §§ 157 and 158 when it arose because expenditures exceeded the revenue provided for. Downey v. Board of Education, 243 Ky. 66 , 47 S.W.2d 931, 1932 Ky. LEXIS 30 ( Ky. 1932 ) (decided under prior law).

A valid floating indebtedness may be funded without violating Ky. Const., §§ 157 and 158. Lee v. Board of Education, 261 Ky. 379 , 87 S.W.2d 961, 1935 Ky. LEXIS 666 ( Ky. 1935 ). See Lawson v. Board of Education, 265 Ky. 630 , 97 S.W.2d 542, 1936 Ky. LEXIS 545 ( Ky. 1936 ); Abbott v. Oldham County Board of Education, 272 Ky. 654 , 114 S.W.2d 1128, 1938 Ky. LEXIS 176 ( Ky. 1938 ).

2. Limitation on Borrowing.

Provisions of this section are held to be limitations on actual borrowing, and not on the power to incur indebtedness which is controlled by the Constitution. Waller v. Georgetown Board of Education, 209 Ky. 726 , 273 S.W. 498, 1925 Ky. LEXIS 589 ( Ky. 1925 ) (decided under prior law).

A county board of education can accumulate a valid indebtedness only by borrowing in anticipation of the collection of a levy an amount not exceeding the total of said taxes to be collected, which borrowing is to be paid from said revenue when collected. Farson v. County Board of Education, 100 F.2d 974, 1939 U.S. App. LEXIS 4586 (6th Cir. Ky. 1939 ).

A county board of education has no authority to incur or refund indebtedness in excess of revenue, and recitals in its resolution furnish no basis for estoppel. Farson v. County Board of Education, 100 F.2d 974, 1939 U.S. App. LEXIS 4586 (6th Cir. Ky. 1939 ).

A school board cannot validly anticipate revenue in excess of the amount which it has fixed in its budget. Ebert v. Board of Education, 278 Ky. 75 , 128 S.W.2d 185, 1939 Ky. LEXIS 375 ( Ky. 1939 ).

3. Liquidation of Notes.

Where county board of education had incurred a $141,000 debt represented by promissory notes due to great deficiency in allocable franchise tax collections and the expenditures giving rise to the debt were for legitimate school purposes, revenue bonds could be issued to liquidate the indebtedness and an annual special tax in excess of maximum regular ad valorem tax levy authorized by statute could be levied to amortize principal and interest of funding bonds validly issued by the county school district where the maximum regular levy provided by KRS 160.475 was insufficient. Bell v. Board of Education, 343 S.W.2d 804, 1961 Ky. LEXIS 433 ( Ky. 1961 ).

Opinions of Attorney General.

KRS 58.430 does not implicitly repeal or in any way modify the maximum interest rate a school district may pay on money borrowed in anticipation of taxes. OAG 80-571 .

Research References and Practice Aids

Cross-References.

Banks not limited in loans to school districts, KRS 286.3-290 .

Bonds, power to issue, KRS 162.080 to 162.100 , KRS Ch. 66.

Laws authorizing political subdivision to borrow money must specify purpose, Ky. Const., § 178.

160.550. Expenditure of funds in excess of income and revenue of any year.

  1. No superintendent shall recommend and no board member shall knowingly vote for an expenditure in excess of the income and revenue of any year, as shown by the budget adopted by the board and approved by the Kentucky Board of Education, except for a purpose for which bonds have been voted or in case of an emergency declared by the Kentucky Board of Education.
  2. Any school district having authorized an expenditure in violation of subsection (1) of this section may be so certified at any time by the Kentucky Board of Education. A district so certified shall thereafter, any contrary statutory provisions notwithstanding, make no expenditure of money, give no authorization involving the expenditure of money, and make no employment, purchase, or contract, unless the chief state school officer has approved in writing, as fiscally sound and necessary, the expenditure, authorization, employment, purchase, or contract. Any expenditure, authorization, employment, purchase, or contract made in violation of this subsection shall be void.
  3. Any school district subject to the provisions of subsection (2) of this section shall so remain until such time as the Kentucky Board of Education has approved, in conformity with KRS 160.470 , a budget for the district for a succeeding fiscal year.
  4. In addition to the penalties set forth in KRS 160.990 , any person who knowingly expends or authorizes the expenditure of school district funds or who knowingly authorizes or executes any employment, purchase, or contract, in violation of this section, shall be jointly and severably liable in person and upon any official bond he has given to such district to the extent of any payments on the void claim. For purposes of this section, “knowingly” shall mean a person acts with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.

History. 4399-45; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 92, § 1, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 234, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

  1. Annual Cash Basis.
  2. Expenditures Limited to Budget.
  3. Amended or Supplemental Budget.
  4. Penalties.
1. Annual Cash Basis.

Aside from certain capital outlay expenditures, all of the statutes relating to school financing contemplate that school districts shall operate on a cash basis from year to year. Bell v. Board of Education, 308 Ky. 848 , 215 S.W.2d 1007, 1948 Ky. LEXIS 1065 ( Ky. 1948 ).

2. Expenditures Limited to Budget.

A school board cannot validly anticipate revenue in excess of the amount which it has fixed in its budget. Ebert v. Board of Education, 278 Ky. 75 , 128 S.W.2d 185, 1939 Ky. LEXIS 375 ( Ky. 1939 ).

3. Amended or Supplemental Budget.

Where a county board proposed to construct a new school, revised plans setting out the financing as well as the architectural plans must be submitted in the form of an amended or supplemental budget to the state board for consideration and approval. (This opinion has prospective effect only and did not impair the validity of any revenue bonds already issued.) Bell v. Board of Education, 308 Ky. 848 , 215 S.W.2d 1007, 1948 Ky. LEXIS 1065 ( Ky. 1948 ).

4. Penalties.

Subsection (2), the “prior written approval” statute, does not provide an independent basis for removing school board members from office under KRS 160.990(4). Hale v. Combs, 30 S.W.3d 146, 2000 Ky. LEXIS 121 ( Ky. 2000 ).

Cited:

White v. Board of Education, 263 Ky. 91 , 91 S.W.2d 539, 1936 Ky. LEXIS 123 ( Ky. 1936 ); Board of Education v. Talbott, 286 Ky. 543 , 151 S.W.2d 42, 1941 Ky. LEXIS 283 ( Ky. 1941 ).

Opinions of Attorney General.

A local board of education may never legally present a deficit budget for approval; the fact that a local board can show that it will live within its means for a current fiscal year but cannot eradicate a carried forward deficit does not put the district in a legal financial posture. OAG 79-464 .

A local superintendent and local board members who violate this section may be prosecuted and fined in the District Court for this violation and are subject to removal from office. OAG 79-464 .

The intent of this section is that every fiscal year will be commenced by each public common school district with a balanced budget. OAG 79-464 .

This section and 702 KAR 3:050 clearly prohibit a “running” deficit financial status by a local board of education. OAG 79-464 .

This section and 703 KAR 3:050 safeguard against deficit spending by local boards of education. OAG 79-464 .

Under this section, once the local board of education finds itself in an emergency situation, it applies to the State Superintendent of Public Instruction who, if he finds the evidence supports the claim of an emergency, submits the application and his finding for approval to the State Board for Elementary and Secondary Education (now State Board of Education), which application, if approved, would permit a deficit expenditure to be carried forward to the next year during which the deficit must be eradicated. OAG 79-464 .

Where the General Assembly failed to include a delayed effective date for the provisions regarding the teachers’ duty-free lunch period and class-size limitations in grades 1-8 contained in the education package enacted in the 1985 extraordinary session, the effective date of these provisions was October 18, 1985. However, given the restrictions of KRS 160.530 and subsection (1) of this section, as well as the impracticalities of implementation on October 18, it was doubtful that any local school district could be expected to implement these programs on October 18. Therefore, except where otherwise expressly indicated in a particular provision, the education improvement programs which the local school districts have a duty to implement would have to be implemented by the local school districts beginning with the 1986-87 school year. OAG 85-132 .

160.560. Treasurer of board of education — Selection — Bond — Duties.

  1. Each board of education shall elect a treasurer for the board. The board may elect its secretary to serve as treasurer. The board may remove the treasurer from office at any time for cause by a vote of a majority of the members of the board.
  2. The treasurer shall execute an official bond for the faithful performance of the duties of his office, to be approved by the local board and the commissioner of education. The bond shall be guaranteed by a surety company authorized to do business in this state, and shall be in an amount determined by the board of education in accordance with the administrative regulations promulgated by the Kentucky Board of Education. The premium on the bond shall be paid by the board of education. A copy of the bond shall be filed with the board of education and with the commissioner of education.
  3. The treasurer shall receive all moneys to which the board is entitled by the Constitution or by the statutes, except as otherwise provided by law, or which may in any way come into its possession, and deposit such funds in the properly designated depository. He shall withdraw such funds from the depository only upon proper order of the board. He shall keep a full and complete account of all funds in such manner and make such reports concerning them as is required by the board of education or by the Kentucky Board of Education. He shall preserve all records relating to the transactions and duties of the office and turn them over to his successor along with all public funds in his hands and all accounts and records after due and proper audit is made by a competent outside agent when he is required to do so by the board of education.
  4. The treasurer shall issue his check on the depository for payment of all legal claims which have been authorized for payment in accordance with policies previously adopted by the local board of education and approved by the commissioner of education.

History. 4399-42; amend. Acts 1956, ch. 173; 1978, ch. 54, § 1, effective June 17, 1978; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 235, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 389, § 7, effective July 14, 2000.

NOTES TO DECISIONS

Cited:

Lewis v. Morgan, 252 S.W.2d 691, 1952 Ky. LEXIS 1019 ( Ky. 1952 ); Commonwealth v. Hamilton, 905 S.W.2d 83, 1995 Ky. App. LEXIS 151 (Ky. Ct. App. 1995).

Opinions of Attorney General.

The treasurer of a local board of education, who received a salary of $10.00 per month and who had a pecuniary interest in an agency that sold insurance to the board of education, would be disqualified as treasurer if the pecuniary interest in the sale, direct or indirect, was in excess of $25.00. OAG 61-211 .

The offices of treasurer of the school board and city clerk are incompatible. OAG 61-823 .

The secretary and treasurer of the city board of education and the treasurer of the county board of education were disqualified from serving on the electric plant board. OAG 61-846 .

While a board of education may discharge its secretary and its attorney at any time, the board may only remove its treasurer for cause by a vote of three members of the board and the treasurer is entitled to a hearing as to the cause of removal. OAG 73-128 .

The treasurer of a county school board is considered a state officer and may not at the same time serve as commissioner of a municipal public utility which office in all probability constitutes a municipal office and, even if not, constitutes municipal employment. OAG 74-707 .

As this section requires each board of education to elect a treasurer but is silent as to compensation for the treasurer, under the general powers given to boards of education under KRS 160.290 , the board may fix a reasonable compensation. OAG 75-461 .

Research References and Practice Aids

Cross-References.

Bonds of public officers, conditions, recovery on, KRS 62.060 to 62.080 .

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

160.570. Depository of board — Bond — Duties.

  1. Each board of education shall appoint a bank, trust company, or savings and loan association to serve as its depository, and if its annual receipts from all sources exceed one hundred thousand dollars ($100,000), it may designate three (3) depositories, except boards of education of school districts in counties containing cities of the first class may designate up to six (6) depositories. The depository may be designated for a period not to exceed two (2) years, and before entering upon its duties shall agree with the board as to the rate of interest to be paid on average daily or monthly balances.
  2. The depository selected shall, before entering upon its duties, provide collateral in accordance with KRS 41.240 , to be approved by the local board of education in accordance with Kentucky Board of Education administrative regulations, and to be approved by the commissioner of education. A board of education may enter into an agreement with its depository whereby the premium on collateral guaranteed by a surety company may be paid either by the board or by the depository. If the board pays the premium, the depository shall allow the board not less than two percent (2%) interest on its average daily or average monthly balances.
  3. The depository shall hold for the board all funds deposited by the treasurer of the board or its tax collector or duly authorized agent, subject to withdrawal by the board at any time, and shall pay all funds so deposited to such person and in such manner as the board directs. The depository shall keep full and complete accounts of all of the board’s funds, and make reports to the board or its authorized agents upon request. The depository shall keep all records relating to the transactions and duties of the office and turn them over to the successor of its office along with all school funds in hand. The board of education may at any time require a due and proper audit of the depository’s records of the funds of the board by a competent outside agent.

History. 4399-43; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 337, § 1, effective July 15, 1980; 1982, ch. 43, § 1, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 236, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 389, § 8, effective July 14, 2000; 2001, ch. 99, § 1, effective June 21, 2001; 2010, ch. 155, § 1, effective July 15, 2010.

NOTES TO DECISIONS

  1. Bond.
  2. — Approval.
  3. — Alterations.
  4. — Form.
  5. Application of Funds.
  6. Audit of Records.
  7. Liability for Failure of Depository.
1. Bond.

The bond of a depository is a guarantee of the security of the funds and the assurance that they will be delivered on demand, and such bond imposes a greater responsibility than a bond conditioned upon the faithful performance of the duties of an officer. Phillips v. Board of Education, 283 Ky. 173 , 140 S.W.2d 819, 1940 Ky. LEXIS 292 ( Ky. 1940 ).

2. — Approval.

Failure of school board or officer to approve or secure approval of bond of depository does not affect liability of sureties on bond, since requirement for approval is for protection of public funds and not for benefit of sureties, and since government is not responsible for laches or wrongful acts of its officers. Bennett v. County Board of Education, 273 Ky. 143 , 116 S.W.2d 302, 1938 Ky. LEXIS 612 ( Ky. 1938 ).

3. — Alterations.

Burden was on plaintiff seeking to recover from defendants as sureties on depository bond to prove that alterations changing bond from treasurer’s bond to depository bond were made prior to defendants’ signatures, or if subsequent, by their agreement. Phillips v. Board of Education, 283 Ky. 173 , 140 S.W.2d 819, 1940 Ky. LEXIS 292 ( Ky. 1940 ).

4. — Form.

The bond need not be signed by the principal. United States Fidelity & Guaranty Co. v. Board of Education, 228 Ky. 426 , 15 S.W.2d 255, 1929 Ky. LEXIS 559 ( Ky. 1929 ) (decided under prior law).

5. Application of Funds.

A bank, which is treasurer of a school board, and to which the board is indebted, cannot apply funds held by it to satisfaction of a matured debt due it by the board. Citizens' Bank of Morehead v. Rowan County Board of Education, 245 Ky. 384 , 53 S.W.2d 549, 1932 Ky. LEXIS 584 ( Ky. 1932 ).

6. Audit of Records.

Statutory power to audit records of depository was merely an addition to the powers of the board and was not intended as limiting or restricting the inherent power to conduct its final affairs. Lewis v. Morgan, 252 S.W.2d 691, 1952 Ky. LEXIS 1019 ( Ky. 1952 ).

7. Liability for Failure of Depository.

Treasurer and sureties are not liable for failure of a depository when its selection is by law given to another. Edwards v. Logan County, 244 Ky. 296 , 50 S.W.2d 83, 1932 Ky. LEXIS 393 ( Ky. 1932 ).

Opinions of Attorney General.

Subsection (4) of this section does not require the county board of education to designate a depository within the county. OAG 60-554 .

Subsection (1) of this section requires that interest be paid on the average daily or monthly balances of school board funds in a depository. OAG 60-554 .

While the exact rate is not specified, subsection (1) of this section requires that some interest be paid. OAG 60-600 .

The requirements of this section are mandatory, not directory, and unless they are fully complied with there has been no valid designation of a depository. OAG 60-600 .

Boards of education may place their general funds in banks designated as depositories pursuant to this section and obtain from such banks certificates of deposit representing time deposits of surplus funds subject to withdrawal on demand. OAG 64-70 .

A local board of education is violating the law if it deposits money in a bank other than its named depository bank. OAG 79-538 .

Applicable Kentucky administrative regulations could be amended to lawfully provide that obligations of a Federal Farm Credit Bank, the Federal National Mortgage Association and the Federal Home Loan Bank could be used as collateral as security for the depository bond mentioned in this section, since KRS 41.240(4)(a) permits as collateral obligations or securities issued or guaranteed by any federal governmental agency. OAG 85-3 .

Research References and Practice Aids

Cross-References.

Bonds of depositories of public funds, conditions, recovery on, KRS 62.060 to 62.080 .

160.580. Gift, grant, or devise to school board.

All sums arising from any gift, grant, or devise by any person wherein the intent is expressed that the same is to be used to aid in the education of children in any school district in this state shall be held and used for the purposes specified in the gift, grant, or devise. The district board of education shall receive the gift, grant, or devise for the benefit of the schools of its district and shall hold and use it as requested by the donor or devisor, provided that the purpose for which it is used shall be in harmony with the aims and general program of public education in this state.

History. 4399-57; amend. Acts 1974, ch. 49, § 4; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 454, effective July 13, 1990.

Compiler’s Notes.

This section (4399-57; amend. Acts 1974, ch. 49, § 4) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 454, effective July 13, 1994.

NOTES TO DECISIONS

  1. Application.
  2. Trustee.
  3. Discretionary Powers of Board.
1. Application.

The jurisdiction conferred by KRS 160.290 relates to school property arising from public funds and necessarily does not apply to specific charitable trust donations made to a particular type of school district for its exclusive benefit, which are controlled by this section. Board of Education v. Todd County Board of Education, 289 Ky. 803 , 160 S.W.2d 170, 1942 Ky. LEXIS 645 ( Ky. 1942 ).

2. Trustee.

The county board of education in taking out insurance policy on district school building built by specific charitable trust donation was only a naked trustee of the property, while pupils of district school were the real beneficiaries and thus entitled to proceeds of the insurance. Board of Education v. Todd County Board of Education, 289 Ky. 803 , 160 S.W.2d 170, 1942 Ky. LEXIS 645 ( Ky. 1942 ).

3. Discretionary Powers of Board.

School board could make a white male high school coeducational although the land on which the school was built was partially purchased with funds contributed by the alumni association and the school board allowed the alumni association to be made a third party to the deed conveying the land and inserted a covenant that the school board agreed with the alumni association that it would hold said property for the exclusive use and benefit of white male students since the covenant in the deed was void as interfering with the exercise by the school board of its discretionary powers in the management and control of the public schools under its jurisdiction and against general public policy. Board of Education v. Society of Alumni, etc., 239 S.W.2d 931, 1951 Ky. LEXIS 907 ( Ky. 1951 ).

Cited:

Japs v. Board of Education, 291 S.W.2d 825, 1956 Ky. LEXIS 402 ( Ky. 1956 ).

Opinions of Attorney General.

Under this section a school board is obligated to accept a gift provided that the potential use of the gift may be considered to be in harmony with the aims and general program of public education in the state. OAG 69-431 .

160.590. Special funds — Disposition of. [Repealed.]

Compiler’s Notes.

This section (4399-60) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

160.593. Levy of occupational license tax, utility gross receipts license tax, or excise tax for schools.

  1. Any board of education of a school district may, after compliance with the public hearing requirement contained in KRS 160.603 , levy school taxes authorized by KRS 160.593 to 160.597 , 160.601 to 160.633 , and 160.635 to 160.648 . The imposition of any tax levied under the provisions of 160.593 to 160.597 , 160.601 to 160.633 , and 160.635 to 160.648 shall be limited to the territory of the school district except as provided in subsection (2) of this section.
  2. Two (2) or more boards of education may agree in writing to levy identical school taxes authorized by KRS 160.605 to 160.611 , 160.613 to 160.617 , and 160.621 to 160.633 . After the levying in each district so agreeing of a tax under the terms of such agreement, the receipts from said tax shall be held in a common fund and disbursed therefrom to each district on the basis of average daily attendance, as set forth in KRS 160.644 . Any districts levying taxes under the terms of such an agreement shall be deemed to constitute a combined taxing district for the purposes of reference in KRS Chapter 160.

History. Enact. Acts 1966, ch. 24, Part III, § 1; 1972, ch. 203, § 19, 1972, ch. 271, § 1; 1974, ch. 125, § 1; 1974, ch. 308, § 35; 1976, ch. 127, § 8; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 98, § 1, effective July 15, 1982; 1984, ch. 43, § 1, effective July 13, 1984; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 455, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 1; 1972, ch. 203, § 19, 1972, ch. 271, § 1; 1974, ch. 125, § 1; 1974, ch. 308, § 35; 1976, ch. 127, § 8; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 98, § 1, effective July 15, 1982; 1984, ch. 43, § 1, effective July 13, 1984) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 455, effective July 13, 1990.

NOTES TO DECISIONS

  1. Utility Tax.
  2. — Levy.
  3. — Distribution.
1. Utility Tax.
2. — Levy.

As presently worded, this section and KRS 160.644 do not prohibit an individual school district from unilaterally levying a utility tax on the territory within its school district. Moreover, the legislature obviously intended this practice to be the rule rather than the exception. Board of Education v. Independent Bd. of Education, 681 S.W.2d 429, 1984 Ky. App. LEXIS 497 (Ky. Ct. App. 1984).

There is nothing in this section and KRS 160.644 to preclude a school district which had agreed with another district or districts to levy taxes from rescinding that agreement and levying the taxes unilaterally. Board of Education v. Independent Bd. of Education, 681 S.W.2d 429, 1984 Ky. App. LEXIS 497 (Ky. Ct. App. 1984).

3. — Distribution.

If a utility tax is levied by an individual school district, all the money goes to that school board. If the tax is levied by multiple districts in combination, the money is distributed proportionately. Board of Education v. Independent Bd. of Education, 681 S.W.2d 429, 1984 Ky. App. LEXIS 497 (Ky. Ct. App. 1984).

Cited:

Cunningham v. Grayson, 541 F.2d 538, 1976 U.S. App. LEXIS 7450 (6th Cir. 1976), cert. denied, Board of Education v. Newburg Area Council, Inc., 429 U.S. 1074, 97 S. Ct. 812, 50 L. Ed. 2d 792, 1977 U.S. LEXIS 2129 (1977);Board of Elections v. Board of Education, 635 S.W.2d 324, 1982 Ky. App. LEXIS 221 (Ky. Ct. App. 1982); Storer Communications of Jefferson County, Inc. v. Oldham County Bd. of Educ., 850 S.W.2d 340, 1993 Ky. App. LEXIS 47 (Ky. Ct. App. 1993).

Opinions of Attorney General.

A board of education of a school district has no discretion as to the subject of the utility gross receipts license tax. OAG 66-551 .

Unless a county board of education had acted in bad faith the fiscal court had no alternative but to accept the school budget as presented to them and levy the requested three percent utility gross receipts license tax. OAG 67-435 .

If the school board complies with this section and with KRS 160.603 , the fiscal court is mandatorily required to levy a utility gross receipts license tax, within 15 days of such request, at the rate requested. OAG 69-367 .

The term “shall” in the statute is mandatory. OAG 69-367 .

Where a school board complies with the provisions of this section and KRS 160.603 , the fiscal court is mandatorily required to levy the requested tax within 15 days of such request and at the rate requested. OAG 72-365 .

It would appear that a school board which does not wish to have the tax applied to its district should make such fact known by formal written motion entered into the board minutes. OAG 72-471 .

Under the 1972 amendment to this section the voters of one district can recall the tax for that particular district while the voters of another district can vote to have the tax remain in effect. OAG 72-471 .

If the fiscal court refuses to levy a requested tax, the school board would have the right to sue the court to compel the levy but if only a minority of the members of the court vote against the levy the board would have no right of action against such minority. OAG 72-521 .

The fiscal court is required to levy a requested tax when it is presented with a properly passed resolution of the school board requesting such tax. OAG 72-521 .

This section empowers either of two county school districts to levy a utilities tax under KRS 160.613 . OAG 72-521 .

Any school district in which a special school tax is levied or about to be levied may petition for a referendum to recall said tax within the district and such recall would not have to be on a countywide basis. OAG 72-576 .

Where a petition to have the issue of a school tax placed on the ballot is filed, the names of residents of an independent school district which does not desire to have the tax imposed in its jurisdiction may properly be removed from the petition. OAG 72-579 .

Districts which have taken no action to either request or deny a levy may come in at a later date and make a request as applicable to their particular district. OAG 72-603 .

Once the fiscal court has approved a requested levy the question of whether or not such tax should be levied may be passed on to the voters pursuant to the procedures specified in KRS 160.485 . OAG 72-603 .

The 1972 amendment to this section amends by implication the provisions of KRS 160.485 insofar as that section provides for recall on a countywide basis. OAG 72-603 .

The question of the imposition of a utilities gross receipts tax should be placed on the ballot only in the territory encompassed by the three districts requesting the tax. OAG 72-603 .

The tax is to be imposed only in the territorial limits of the district making the request for the levy. OAG 72-603 .

The word “shall” appearing in this section is mandatory. OAG 75-152 .

Where the school board had requested the fiscal court to levy a gross receipts utility tax for school purposes after compliance with this section and KRS 160.603 and the fiscal court refused to levy such tax, the county attorney could not represent the school board if a suit against fiscal court became necessary because of conflict of interest as county attorney pursuant to KRS 69.210 . OAG 75-152 .

Where a county adopts a three percent utility gross receipts license tax for schools, pursuant to subsection (1) of this section the applicable board or boards of education must levy the school tax, not the fiscal court, since the fiscal court has nothing to do with the levying and collecting of this tax. OAG 80-331 .

The consequence of the 1976 amendment to this section was to let school districts that had been mandatorily tied together by preexisting law go their separate ways unless they requested in writing to levy an identical tax as a combined taxing district and had that request approved by the State Board of Education. School districts that had their request approved by the State Board would have the receipts from the tax distributed between the districts based upon average daily attendance as set forth in KRS 160.644 . If this positive step of requesting the State Board of Education approval was not sought, each school district by itself continued to levy the tax, but was limited to the territory of its school district. Of course, any school district wishing to decrease the rate of its tax or cease levying the tax altogether could do so. OAG 82-146 .

When levying a utilities gross receipts license tax for the purpose of complying with the minimum equivalent tax rate requirement set forth in KRS 160.470(12)(a) (now KRS 160.470(9)(a)) or for the purpose of participating in the “Tier 1” program set forth in KRS 157.440 , a school board must follow the notice and hearing requirements of this section and KRS 160.603 , but the recall provisions of KRS 160.597 do not apply. OAG 90-88 .

160.595. Only one tax to be in effect at any time. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, part III, § 2; 1972, ch. 203, § 20; 1972, ch. 271, § 2; 1976, ch. 127, § 9) was repealed by Acts 1984, ch. 43, § 2, effective July 13, 1984.

160.597. Levy recall procedure.

Any school tax authorized by KRS 160.593 to 160.597 , 160.601 to 160.633 , and 160.635 to 160.648 may be recalled as follows:

    1. The order or resolution levying any of the school taxes designated in this section shall go into effect not less than forty-five (45) days nor more than ninety (90) days after its passage. (1) (a) The order or resolution levying any of the school taxes designated in this section shall go into effect not less than forty-five (45) days nor more than ninety (90) days after its passage.
    2. During the forty-five (45) days immediately following the passage of the order or resolution, any five (5) qualified voters who reside in the school district levying the tax may commence petition proceedings to protest the passage of the order or resolution by filing with the county clerk an affidavit stating that they constitute the petition committee and that they will be responsible for circulating the petition and filing it in the proper form within forty-five (45) days from the passage of the order or resolution. The affidavit shall state their names and addresses and specify the address to which all notices to the committee are to be sent. Upon receipt of the affidavit, the county clerk shall:
      1. At the time of filing of the affidavit, notify the petition committee of all statutory requirements for the filing of a valid petition under this section;
      2. At the time of the filing of the affidavit, notify the petition committee that the clerk will publish a notice identifying the tax levy being challenged and providing the names and addresses of the petition committee in a newspaper of general circulation within the county, if such publication exists, if the petition committee remits an amount equal to the cost of publishing the notice determined in accordance with the provisions of KRS 424.160 at the time of the filing of the affidavit. If the petition committee elects to have the notice published, the clerk shall publish the notice within five (5) days of receipt of the affidavit; and
      3. Deliver a copy of the affidavit to the school board or combined taxing district.
    3. The petition shall be filed with the county clerk within forty-five (45) days of the passage of the order or resolution. All papers of the petition shall be uniform in size and style and shall be assembled in one (1) instrument for filing. Each sheet of the petition shall contain the names of voters from one (1) voting precinct only, and shall include the name, number and designation of the precinct in which the voters signing the petition live. The inclusion of an invalid signature on a page shall not invalidate the entire page of the petition, but shall instead result in the invalid signature being stricken and not counted. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name, street address, and Social Security number or birthdate of the person signing. The petition shall be signed by a number of registered and qualified voters residing in the affected jurisdiction equal to at least ten percent (10%) of the total number of votes cast in the last preceding presidential election, except in consolidated local governments, where the petition shall be signed by a number of registered and qualified voters equal to at least five percent (5%) of the total number of votes cast in the last preceding presidential election.
    4. Upon the filing of the petition with the county clerk, the order or resolution shall be suspended from going into effect for that district until after the election provided for in subsection (2) of this section is held, or until the petition is finally determined to be insufficient and no further action may be taken pursuant to paragraph (h) of this subsection.
    5. The county clerk shall immediately notify the school board or combined taxing district that the petition has been received and shall, within thirty (30) days of receipt of the petition, make a determination of whether the petition contains enough signatures of qualified voters to place the order or resolution before the voters.
    6. If the county clerk finds the petition to be sufficient, the clerk shall certify to the school board or combined taxing district and the petition committee within the thirty (30) day period provided for in paragraph (e) of this subsection, that the petition is properly presented and in compliance with the provisions of this section, and that the order or resolution levying the tax will be placed before the voters for approval.
    7. If the county clerk finds the petition to be insufficient, the clerk shall, within the thirty (30) day period provided for in paragraph (e) of this subsection, notify, in writing, the petition committee and the school district or combined taxing district levying the tax of the specific deficiencies found. Notification shall be sent by certified mail, and shall be published at least one (1) time in a newspaper of general circulation within the county containing the school district levying the tax or, if there is no such newspaper, shall be posted at the courthouse door.
    8. A final determination of the sufficiency of a petition shall be subject to final review by the Circuit Court of the county in which the school district is located, and shall be limited to the validity of the county clerk’s determination. Any petition challenging the county clerk’s final determination shall be filed within ten (10) days of the issuance of the clerk’s final determination.
  1. If the petition is sufficient, the county clerk shall, at the option of the district board of education, either submit the question to the voters of the school district at the next regular election or submit the question to the voters of the school district at a called common school election, which is to be held not less than thirty-five (35) days nor more than forty-five (45) days from the date the signatures on the petition are validated by the county clerk. Any called common school election shall comply with the provisions of KRS 118.025 . If the election is to be held in conjunction with a regular election, the question shall be submitted to the county clerk not later than the second Tuesday in August preceding the regular election. The question shall be so framed that the voter may by his vote answer, “for” or “against.” If a majority of the votes cast in a district or combined taxing district upon the question oppose its passage, the order or resolution shall not go into effect in that district or combined taxing district. If a majority of the votes cast in a district or combined taxing district upon the question favor its passage, the order or resolution shall go into effect in that district. If the election is to be held in more than one (1) school district within a county, the votes shall be counted separately. The cost of a called common school election shall be borne by the school district causing the election to be held.
  2. If any statute in existence on June 17, 1978, is found to be in conflict with any provision of this section, the provisions of this section shall prevail.

History. Enact. Acts 1966, ch. 24, part III, § 3; 1972, ch. 203, § 21; 1974, ch. 125, § 6; 1976, ch. 127, § 10; 1978, ch. 345, § 1, effective June 17, 1978; 1980, ch. 114, § 25, effective July 15, 1980; 1980, ch. 188, § 118, effective July 15, 1980; 1982, ch. 48, § 1, effective March 3, 1982; 1982, ch. 217, § 4, effective July 15, 1982; 1982, ch. 360, § 50, effective July 15, 1982; 1990, ch. 48, § 85, effective July 13, 1990; 1990, ch. 476, Pt. V, § 456, effective July 13, 1990; 1996, ch. 195, § 58, effective July 15, 1996; 2005, ch. 121, § 4, effective June 20, 2005.

Legislative Research Commission Note.

(6/20/2005). 2005 Ky. Acts ch. 121, § 6, provides: “The provisions of this Act shall apply to ordinances, orders, resolutions or motions passed after July 15. 2005.”

NOTES TO DECISIONS

  1. Constitutionality.
  2. Application.
  3. Timeliness of Petition.
  4. Sufficiency of Petition.
  5. Verification by Affidavit.
  6. Levy Subject to Recall.
  7. Levy Not Subject to Recall.
1. Constitutionality.

The present school funding statutes permit local Boards of Education to raise funds through property taxes and permissive taxes such as the utilities tax; base funding and Tier One funding can be produced by a property tax not subject to voter recall and this nonrecallable option enables Boards of Education to fund schools without relying on permissive taxes; the General Assembly has supplied a mechanism to satisfy base funding, as well as Tier One funding, according to the mandate of Section 183 of the Kentucky Constitution; and that is all that Rose v. Council for Better Educ., Inc., 790 S.W.2d 186, 1989 Ky. LEXIS 55 ( Ky. 1989 ) requires. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

2. Application.

The county Board of Education argued that the enactment of KRS 160.614 indicated that the General Assembly intended that the recall provisions of this section would not be applicable to utility taxes levied to provide base or Tier One funding, but KRS 160.614 merely expanded the utilities subject to a permissive school funding levy to include cable television and in the absence of a strong statutory indication to the contrary, an express statute will not be deemed to have been abrogated by implication. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

3. Timeliness of Petition.

Where the 30th day following the levy of a utility gross receipts tax was a Saturday, and the taxpayers’ petition to recall the levy and place the question before the voters for approval was filed on the following Monday, the county board of elections erroneously refused to consider the petition on the ground that it was not filed within the 30-day period since, under KRS 446.030(1) and (2), the last day of the period is not included in the 30 days if it is a Saturday or Sunday; however, the taxpayers’ remedy was to reapply to the board of elections, pointing out the error, rather than to file an action in court. Taxpayer's Action Group v. Madison County Bd. of Elections, 652 S.W.2d 666, 1983 Ky. App. LEXIS 294 (Ky. Ct. App. 1983).

4. Sufficiency of Petition.

Circuit court erred in granting summary judgment to a board of education and declaring that the county clerk erred in certifying a tax recall petition because “petition committee” was merely a convenient way to refer to the individuals who initiated the petition and did not deprive them of standing, although there were technical flaws, given the liberal construction afforded to statutes, the petition substantially complied with the statutory requirements, and the county clerk properly determined that because the committee did not request publication of notice, none was required. Petition Comm. v. Bd. of Educ., 509 S.W.3d 58, 2016 Ky. App. LEXIS 109 (Ky. Ct. App. 2016).

5. Verification by Affidavit.

Where affidavits were merely read, signed, and notarized, and only one circulator of the petition testified that some form of oath may have taken place, while testimony of the others was clear that it did not, the petitions were not “verified by affidavit” as required by this section. Board of Elections v. Board of Education, 635 S.W.2d 324, 1982 Ky. App. LEXIS 221 (Ky. Ct. App. 1982).

An affidavit implies the taking of an oath as to the truth of its contents. A later administration of an oath to persons who previously signed affidavits cannot make the affidavits sufficient after the time has elapsed for filing the petitions to be verified, nor does the later administration of an oath constitute the “newly discovered evidence” provided for in Civil Rule 59.01(g). Board of Elections v. Board of Education, 635 S.W.2d 324, 1982 Ky. App. LEXIS 221 (Ky. Ct. App. 1982).

6. Levy Subject to Recall.

County Board of Education’s levy of a utility gross receipts license tax, designed to produce additional revenue up to 15% of the base funding level, was subject to statutory recall election provisions. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

School district board of education’s levy of a utility gross receipts license tax on cable television services, pursuant to subsection (2) of KRS 160.614 , was subject to the levy recall procedure set out in this section. Owensboro Cablevision v. Libs, 863 S.W.2d 331, 1993 Ky. App. LEXIS 60 (Ky. Ct. App. 1993).

7. Levy Not Subject to Recall.

The 1990 change in KRS 160.470 (10) and (11) (now KRS 160.470 (9) and (10)) prevents voter recall of a property tax levy if the tax revenue is intended to provide mandatory minimum base funding or permissive Tier One funding, but under the previous funding scheme, the “notwithstanding” language of KRS 160.470 had no abrogative effect on voter recall of permissive utility taxes and the General Assembly preserved this right in the funding scheme. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

Cited:

Board of Education v. Fiscal Court of Warren County, 485 S.W.2d 752, 1972 Ky. LEXIS 141 ( Ky. 1972 ); Doe v. Knox County Bd. of Educ., 918 F. Supp. 181, 1996 U.S. Dist. LEXIS 7231 (E.D. Ky. 1996 ).

Opinions of Attorney General.

A recall petition must be filed within 30 days following the passage of the order or resolution of the fiscal court levying the tax. OAG 72-522 .

A county may proportionately reduce the occupational license tax imposed under KRS 160.605 by enacting an ordinance with a logical arrangement for such a reduction, when the tax is to be levied after the start of the fiscal year and likewise penalties may be imposed for failure to pay the tax, but such penalties must be codified by ordinance. OAG 78-383 .

It is the responsibility of the county board of elections to frame the question for the ballot proposal for recall of school taxes under this section. OAG 79-462 .

Where a county board of education levied a utility gross receipts tax pursuant to an order authorized by KRS 160.613 , after which a recall petition was presented to the county board of elections requesting that the tax levy be placed on the ballot for voter approval or disapproval, the board of education’s subsequent withdrawal of the tax levy order was a valid exercise of its discretion and the board of elections would not be required to still submit the recall question to the voters, since the necessity of the public having to bear the expense of holding such an election would serve no useful purpose. OAG 80-442 .

When levying a utilities gross receipts license tax for the purpose of complying with the minimum equivalent tax rate requirement set forth in KRS 160.470(12)(a) (now KRS 160.470(9)(a)) or for the purpose of participating in the “Tier 1” program set forth in KRS 157.440 , a school board must follow the notice and hearing requirements of KRS 160.593 and KRS 160.603 , but the recall provisions of this section do not apply. OAG 90-88 .

Any board complying fully with the provisions of KRS 160.614 and KRS 160.603 is not subject to the provisions of this section. OAG 90-96 .

160.599. Emergency loans to public common school districts.

  1. A special fund is hereby created which shall be known as “the emergency revolving school loan fund account,” hereinafter referred to as account. This account, which shall be administered by the Kentucky Board of Education, is for the purpose of providing emergency loans to eligible public common school districts.
  2. In order to be eligible for a loan from the account, a school district shall meet all of the following conditions:
    1. A loss of physical facilities must have been suffered as a result of a fire or a natural disaster;
    2. Insurance on such facilities was insufficient to replace the loss;
    3. The district is bonded to practical capacity and has insufficient resources to meet its immediate capital outlay needs as determined by an investigation of the chief state school officer.
  3. As an alternative to the criteria in subsection (2) of this section, a school district shall be eligible for a loan from the account if the sheriff has failed to collect or disburse delinquent tax revenue, which is for the benefit of the school district, within the fiscal year that the school district is to utilize those receipts according to its budget.
  4. Under the criteria of subsection (2) of this section, no loan from the account shall be made for a period in excess of ten (10) years, and under the criteria of subsection (3) of this section, no loan from the account shall be made for a period in excess of three (3) years. The maximum amount of any one (1) loan from the account shall not exceed two hundred fifty thousand dollars ($250,000) and shall be determined by the Kentucky Board of Education on recommendation of the chief state school officer.
  5. The Kentucky Board of Education shall establish the terms and conditions for repaying the principal of such loan and interest shall not be charged on the loan. No loan shall cover a loss prior to January 1, 1972.
  6. School districts eligible under this section to borrow from the account shall file formal application for such loan on forms provided by the state department of education. Before any loan is made, the application must be approved by the Kentucky Board of Education on the recommendation of the chief state school officer.
  7. All repayments of loans made under this section shall be paid into the emergency revolving school loan fund account, which shall be funded by an appropriation through the biennial budget. Balances remaining in the fund shall not revert to the general fund at the end of any fiscal year.
  8. On approval of the loan application by the Kentucky Board of Education on the recommendation of the chief state school officer, the Finance and Administration Cabinet, on the certification of the chief state school officer, shall draw a warrant on the State Treasurer for the amount of the approved loan that is due the school district. The check shall be issued by the State Treasurer and transmitted to the Department of Education for distribution to the proper official of the school district when the district has complied with the rules and regulations of the Kentucky Board of Education.
  9. Any loan to a local school district under the provisions of this section shall not be considered as an indebtedness of the school district within the meaning of Sections 157 and 158 of the Kentucky Constitution.

History. Enact. Acts 1974, ch. 133, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. III, § 114, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

160.600. Accepting bribe for employment of school employee. [Renumbered.]

Compiler’s Notes.

This section (4399-58) was renumbered as KRS 160.991 and has since been repealed.

Occupational License Tax for Schools

160.601. Taxes, how designated.

The school taxes authorized by KRS 160.605 to 160.611 , 160.613 to 160.617 , and 160.621 to 160.633 shall be known as an occupational license tax for schools, a utility gross receipts tax for schools, and an excise tax for schools as set out in the following sections.

History. Enact. Acts 1966, ch. 24, Part III, § 4; 1972, ch. 203, § 22; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 457, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 4; 1972, ch. 203, § 22) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 457, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Baker v. Strode, 348 F. Supp. 1257, 1971 U.S. Dist. LEXIS 14893 (W.D. Ky. 1971 ).

Opinions of Attorney General.

A board of education of a school district has no discretion as to the subject of the utility gross receipts license tax. OAG 66-551 .

Any settlement of claims for taxes owed, including interest and penalties, would be a diversion of school fund moneys for a purpose other than that of the common schools. OAG 88-46 .

Interest and penalties on past due and unpaid taxes belong to the local school district in the same manner as the taxes. OAG 88-46 .

The allowance of a settlement or compromise of interest and penalties which have accrued to taxes owed a school district would be a circumvention of the provisions of this section. The result of the settlement or reduction would be that the property for which the tax was reduced would have been taxed at a different rate, which would be determined only upon the negotiating skills of the parties involved. OAG 88-46 .

There is no statute which allows a local board to remit or release a claim for taxes, interest or penalty, in whole or in part. OAG 88-46 .

160.603. Notice and hearing before levy.

No school district board of education shall levy any of the school taxes authorized by KRS 160.593 to 160.597 , 160.601 to 160.633 , and 160.635 to 160.648 , except the levy required by KRS 160.614(3) and (6), until after compliance with the following:

  1. The school district board of education desiring to levy any one (1) of these taxes shall give notice of any proposed levy of one (1) of the school taxes. Notwithstanding any statutory provisions to the contrary, notice shall be given by causing to be published, at least one (1) time in a newspaper of general circulation published in the county or by posting at the courthouse door if there be no such newspaper, the fact that such levy is being proposed. The advertisement shall state that the district board of education will meet at a place and on a day fixed in the advertisement, not earlier than one (1) week and not later than two (2) weeks from the date of the advertisement, for the purpose of hearing comments and complaints regarding the proposed increase and explaining the reasons for such proposal.
  2. The school district board of education shall conduct a public hearing at the place and on the date advertised for the purpose of hearing comments and complaints regarding the proposed levy and explaining the reasons for such proposal.
  3. In the event that a combined taxing district desires to levy any one (1) of these taxes, the boards of education shall make a joint advertisement and hold a joint hearing in the manner prescribed heretofore for an individual school district.

History. Enact. Acts 1966, ch. 24, Part III, § 5; 1972, ch. 203, § 23, 1974, ch. 125, § 2; 1976, ch. 127, § 11; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 458, effective July 13, 1990; 2005, ch. 168, § 128, effective March 18, 2005; 2009, ch. 99, § 2, effective July 1, 2009.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 5; 1972, ch. 203, § 23, 1974, ch. 125, § 2; 1976, ch. 127, § 11) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 458, effective July 13, 1990.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Notice.
1. Constitutionality.

The authorization to the school boards to adopt an occupational tax does not violate Const., § 29. Turrell v. Board of Education, 441 S.W.2d 767, 1969 Ky. LEXIS 327 ( Ky. 1969 ).

2. Notice.

Wide publicity is not a substitute for statutory compliance, but when coupled with a notice which substantially follows the legal requirements the notice may be held valid. Turrell v. Board of Education, 441 S.W.2d 767, 1969 Ky. LEXIS 327 ( Ky. 1969 ).

Where the notice of a public hearing on the adoption of the occupational tax did not state that it was for the purpose of hearing comments and complaints and the number of the house bill under which the hearing was to be held was incorrectly printed but the notice was supported by front-page publicity, there was substantial compliance with the notice requirement. Turrell v. Board of Education, 441 S.W.2d 767, 1969 Ky. LEXIS 327 ( Ky. 1969 ).

Cited:

Flincheum v. Hickman County Kentucky Board of Education, 503 S.W.2d 752, 1973 Ky. LEXIS 50 ( Ky. 1973 ).

Opinions of Attorney General.

Unless a county board of education had acted in bad faith the fiscal court had no alternative but to accept the school budget as presented to them and levy the requested three percent utility gross receipts license tax. OAG 67-435 .

If the school board complies with KRS 160.593 and with this section, the fiscal court is manditorily required to levy a utility gross receipts license tax, within 15 days of such request, at the rate requested. OAG 69-367 .

Where a school board complies with the provisions of this section and KRS 160.593 , the fiscal court is mandatorily required to levy the requested tax within 15 days of such request and at the rate requested. OAG 72-365 .

Where the fiscal court levies the utility gross receipts license tax authorized by KRS 160.613 , the public should be notified by the school board in compliance with this section. OAG 74-288 .

Where the school board had requested the fiscal court to levy a gross receipts utility tax for school purposes after compliance with KRS 160.593 and this section and the fiscal court refused to levy such tax, the county attorney could not represent the school board if a suit against fiscal court became necessary because of conflict of interest as county attorney pursuant to KRS 69.210 . OAG 75-152 .

The utility gross receipts license tax is levied by the fiscal court at the request of the school district board of education. OAG 80-22 .

When levying a utilities gross receipts license tax for the purpose of complying with the minimum equivalent tax rate requirement set forth in KRS 160.470(12)(a) (now KRS 160.470(9)(a)) or for the purpose of participating in the “Tier 1” program set forth in KRS 157.440 , a school board must follow the notice and hearing requirements of KRS 160.593 and this section, but the recall provisions of KRS 160.597 do not apply. OAG 90-88 .

Any board complying fully with the provisions of KRS 160.614 and this section is not subject to the provisions of KRS 160.597 . OAG 90-96 .

160.605. Occupational tax — Exemptions.

There is hereby authorized the levy of an occupational license tax for schools on salaries, wages, commissions, and other compensation of individuals for work done and services performed or rendered in a county and on the net profits of all businesses, professions, or occupations from activities conducted in a county. No public service company which pays an ad valorem tax is required to pay an occupational license tax for schools. No occupational license tax for schools shall be imposed upon or collected from any insurance company, bank, trust company, combined bank and trust company, combined trust, banking and title business in this state, any savings and loan association whether state or federally chartered, or upon income received by members of the Kentucky National Guard for active duty training, unit training assemblies, and annual field training, or upon income received by precinct workers for election training or work at election booths in state, county, and local primary, regular, or special election.

History. Enact. Acts 1966, ch. 24, Part III, § 6; 1976, ch. 104, § 3; 1976, ch. 301, § 8; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 459, effective July 13, 1990; 1998, ch. 509, § 7, effective July 15, 1998.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 6; 1976, ch. 104, § 3; 1976, ch. 301, § 8) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 459, effective July 13, 1990.

Section 10 of Acts 1998, ch. 509, provided that the 1998 amendments to this section “apply to tax years beginning after December 31, 1997.”

NOTES TO DECISIONS

  1. Constitutionality.
  2. Resolution and Order.
  3. Notice of Hearing.
1. Constitutionality.

The statute did not make an unconstitutional delegation of authority to tax. Turrell v. Board of Education, 441 S.W.2d 767, 1969 Ky. LEXIS 327 ( Ky. 1969 ).

2. Resolution and Order.

Where a resolution was adopted making the tax levy at the meeting of the fiscal court on July 2, 1968 and it was implemented by amendment at the August 20 meeting and the amendment did not change the amount, nature or purpose of the levy, there was no violation of the enabling statute. Turrell v. Board of Education, 441 S.W.2d 767, 1969 Ky. LEXIS 327 ( Ky. 1969 ).

Where the resolution and order as amended adopting the tax levy did not provide for all possible controversies, it was not void for uncertainty. Turrell v. Board of Education, 441 S.W.2d 767, 1969 Ky. LEXIS 327 ( Ky. 1969 ).

3. Notice of Hearing.

Where the notice of a public hearing on the adoption of the occupational tax did not state that it was for the purpose of hearing comments and complaints and the number of the house bill under which the hearing was to be held was incorrectly printed but the notice was supported by front-page publicity, there was substantial compliance with the notice requirement. Turrell v. Board of Education, 441 S.W.2d 767, 1969 Ky. LEXIS 327 ( Ky. 1969 ).

Opinions of Attorney General.

A county may impose an occupational license tax for school purposes under this section only as to earned income and such a tax can be levied against natural or artificial persons as to the amount of income earned or services performed within the county limits, except as to those activities which are isolated, occurring infrequently (nonsystematic) or are a result of temporary special employment and, furthermore, an occupational license tax may be imposed upon a federal reservation by a county, notwithstanding the exclusive jurisdiction of the federal government. OAG 78-383 .

A county may proportionately reduce the occupational license tax imposed under KRS 160.605 by enacting an ordinance with a logical arrangement for such a reduction, when the tax is to be levied after the start of the fiscal year and likewise penalties may be imposed for failure to pay the tax, but such penalties must be codified by ordinance. OAG 78-383 .

A proportionate deduction may be used where the taxing ordinance is effectuated during the middle of a calendar-tax year, so long as it is logically arranged. OAG 78-383 .

If a Union County business, whether a partnership or a corporation, performs work and services outside the county, only that portion which is earned in Union County is taxable. OAG 78-383 .

The board of education can require the employer to comply with the occupational license tax ordinance by explicitly stating in a separate ordinance a penalty for failure to comply. OAG 78-383 .

The scope of an occupational license tax as relates to revenue received for the privilege of engaging in a livelihood is confined to earned income. OAG 78-383 .

Where a person resides is not the basis for levying an occupational license tax; the touchstone is where the person works and whether that activity is continuous or systematic. OAG 78-383 .

Where an employee enters his place of employment is not important; rather, the question is where he is to perform the work, and therefore, in the case of a coal miner, the location of the entrance to the mine is unimportant but the location of the vein he works is important. OAG 78-383 .

Union county may impose and collect an occupational license tax on earned income of persons employed at Camp Breckinridge. OAG 78-383 .

160.607. Rate of tax.

  1. The school tax authorized by KRS 160.482 to 160.488 and 160.605 shall be at a single uniform rate not to exceed one-half of one percent (0.5%) and shall continue from year to year until changed as prescribed in KRS 160.635 and 160.484 .
  2. Any county having three hundred thousand (300,000) or more inhabitants is authorized to increase the school tax rate to exceed the maximum set in subsection (1) of this section by one-quarter of one percent (0.25%).

History. Enact. Acts 1966, ch. 24, Part III, § 7; 1972, ch. 254, § 4; 1974, ch. 251, § 1; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 460, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 7; 1972, ch. 254, § 4; 1974, ch. 251, § 1) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 460, effective July 13, 1990.

160.608. Authorization for levy of either or both utility gross receipts tax and excise tax on income, in addition to occupational license taxes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 251, § 2; 1982, ch. 50, § 2, effective March 4, 1982) was repealed by Acts 1984, ch. 43, § 2, effective July 13, 1984.

160.609. Procedure for recall of levy. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 251, § 3; 1982, ch. 50, § 1, effective March 4, 1982) was repealed by Acts 1984, ch. 43, § 2, effective July 13, 1984.

160.610. Fort Knox independent school district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 26, §§ 1, 2) was repealed by Acts 1966, ch. 255, § 283.

160.611. Nonresidents of school districts exempt.

No occupational license tax for schools shall be collected from any individual who is not a resident of the school district imposing the school tax.

History. Enact. Acts 1966, ch. 24, Part III, § 8; 1976, ch. 127, § 12; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 461, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 8; 1976, ch. 127, § 12) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 461, effective July 13, 1990.

NOTES TO DECISIONS

1. Constitutionality.

This section, which exempts nonresidents of the county from paying the license or occupational tax for schools, did not violate either the state or federal Constitutions because it taxed only the persons living in that area that would receive the benefit. Board of Education v. Board of Education, 458 S.W.2d 6, 1970 Ky. LEXIS 160 ( Ky. 1970 ).

Utility Gross Receipts License Tax for Schools

160.613. Utility gross receipts license tax — Exemptions — User liable if supplier is exempt — Direct pay authorization — Tollers.

  1. There is hereby authorized a utility gross receipts license tax for schools not to exceed three percent (3%) of the gross receipts derived from the furnishing, within the district, of utility services, except that “gross receipts” shall not include:
    1. Amounts received for furnishing energy or energy-producing fuels to a person engaged in manufacturing or industrial processing if that person provides the utility services provider with a copy of its utility gross receipts license tax energy direct pay authorization, as provided in subsection (3) of this section, and the utility service provider retains a copy of the authorization in its records; or
    2. Amounts received for furnishing utility services which are to be resold.
  2. If any user of utility services purchases the utility services directly from any supplier who is exempt either by state or federal law from the utility gross receipts license tax, then the user of the utility services, if the tax has been levied in the user’s school district, shall be liable for the tax and shall register with and pay directly to the department, in accordance with the provisions of KRS 160.615 , a utility gross receipts license tax for schools computed by multiplying the gross cost of all utility services received by the tax rate levied under the provisions of this section.
  3. A person engaged in manufacturing or industrial processing whose cost of energy or energy-producing fuels used in the course of manufacturing or industrial processing exceeds an amount equal to three percent (3%) of the cost of production may apply to the department for a utility gross receipts license tax energy direct pay authorization. Cost of production shall be computed on the basis of a plant facility, which shall include all operations within the continuous, unbroken, integrated manufacturing or processing production process that ends with a product packaged and ready for sale. If the person receives confirmation of eligibility from the department, the person shall:
    1. Provide the utility services provider with a copy of the utility gross receipts license tax energy direct pay authorization issued by the department for all purchases of energy and energy-producing fuels; and
    2. Report and pay directly to the department, in accordance with the provisions of KRS 160.615 , the utility gross receipts license tax due.
  4. A person who performs a manufacturing or industrial processing activity for a fee and does not take ownership of the tangible personal property that is incorporated into, or becomes the product of, the manufacturing or industrial processing activity is a toller. For periods on or after July 1, 2018, the costs of the tangible personal property shall be excluded from the toller’s cost of production at a plant facility with tolling operations in place as of July 1, 2018.
  5. For plant facilities that begin tolling operations after July 1, 2018, the costs of tangible personal property shall be excluded from the toller’s cost of production if the toller:
    1. Maintains a binding contract for periods after July 1, 2018, that governs the terms, conditions, and responsibilities with a separate legal entity, which holds title to the tangible personal property that is incorporated into, or becomes the product of, the manufacturing or industrial processing activity;
    2. Maintains accounting records that show the expenses it incurs to fulfill the binding contract that include but are not limited to energy or energy-producing fuels, materials, labor, procurement, depreciation, maintenance, taxes, administration, and office expenses;
    3. Maintains separate payroll, bank accounts, tax returns, and other records that demonstrate its independent operations in the performance of its tolling responsibilities;
    4. Demonstrates one (1) or more substantial business purposes for the tolling operations germane to the overall manufacturing, industrial processing activities, or corporate structure at the plant facility. A business purpose is a purpose other than the reduction of utility gross receipts license tax liability for the purchases of energy and energy-producing fuels; and
    5. Provides information to the department upon request that documents fulfillment of the requirements in paragraphs (a) to (d) of this subsection and gives an overview of its tolling operations with an explanation of how the tolling operations relate and connect with all other manufacturing or industrial processing activities occurring at the plant facility.

History. Enact. Acts 1966, ch. 24, Part III, § 9; 1974, ch. 250, § 1, 1980, ch. 27, § 1, effective March 6, 1980; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 462, effective July 13, 1990; 1998, ch. 500, § 1, effective July 15, 1998; 2002, ch. 69, § 5, effective July 15, 2002; 2004, ch. 79, § 2, effective July 1, 2005; 2014, ch. 137, § 1, effective July 15, 2014; 2019 ch. 151, § 74, effective June 27, 2019.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 9; 1974, ch. 250, § 1, 1980, ch. 27, § 1, effective March 6, 1980) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 462, effective July 13, 1990.

Legislative Research Commission Notes.

(6/27/2019). Section 82 of 2019 Ky. Acts ch. 151 states that the amendments to this statute made in Section 74 of that Act apply to transactions occurring on or after July 1, 2019.

(6/27/2019). This statute was amended in Section 74 of 2019 Ky. Acts ch. 151. Section 86 of that Act reads, “No claim for refund or credit of a tax overpayment for any taxable period ending prior to July 1, 2018, made by an amended return, tax refund application, or any other method after June 30, 2018, and based on the amendments to subsection (3) of Section 27 of this Act or based on the amendments to Section 74 [this statute] or 75 of this Act, shall be recognized for any purpose.”

(6/27/2019). This statute was amended in Section 74 of 2019 Ky. Acts ch. 151. Section 87 of that Act reads, “Notwithstanding KRS 446.090 , the amendments to subsection (3) of Section 27 of this Act [KRS 139.480 ] and the amendments to Sections 74 [this statute] and 75 [KRS 160.6131 ] of this Act are not severable. If the amendment made to subsection (3) of Section 27 of this Act or the amendments to Section 74 or 75 of this Act is declared invalid for any reason, then all amendments to subsection (3) of Section 27 of this Act and the amendments to Sections 74 and 75 of this Act shall also be invalid.”

(7/12/2006). 2005 Ky. Acts ch. 123, relating to the creation and organization of the Environmental and Public Protection Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Liability for Tax.
  3. Exemptions.
  4. Regulations.
  5. Refund.
  6. Recall Election.
1. Constitutionality.

The tax authorized under this section is for state purposes and, therefore, does not violate the provisions of Ky. Const., § 181. Lamar v. Board Education, 467 S.W.2d 143, 1971 Ky. LEXIS 359 ( Ky. 1971 ).

Taxation of gross receipts from sales of gas which has moved in interstate commerce and is delivered direct to a Kentucky consumer is not an infringement of the commerce clause of the United States Constitution. Texas Gas Transmission Corp. v. Board of Education, 502 S.W.2d 82, 1973 Ky. LEXIS 70 ( Ky. 1973 ).

The county regulation requiring the payment of the Utility Gross Receipts License Tax by the direct payment method in order to claim the exemption under this section to the extent that the cost of energy or energy-producing fuels used by a manufacturer, processor, miner, or refiner exceeds three percent of its cost of production, did not violate Ky. Const., §§ 171 and 172, as the regulation was neither arbitrary nor unreasonable, and the taxpayer was not assessed for excess tax. Martin Marietta Aluminum, Inc. v. Hancock County Bd. of Education, 806 F.2d 678, 1986 U.S. App. LEXIS 34147 (6th Cir. Ky. 1986 ).

2. Liability for Tax.

Where a fiscal court levied a utility gross receipts license tax of three percent pursuant to KRS 160.613 and a utility therefore increased its customers’ bills by three percent (3%) pursuant to KRS 160.617 , the utility was the taxpayer liable for its consequent increase in gross receipts since such receipts were not exempt from sales tax and the increase could not be considered as a tax on customers in which the utility company merely acted as a collection agency. Luckett v. Electric & Water Plant Board, 558 S.W.2d 611, 1977 Ky. LEXIS 543 ( Ky. 1977 ).

Although not regulated as a public utility, a broker derived utility gross receipts when it furnished natural gas directly to a customer. Thus, the broker was subject to imposition of utility tax under KRS 160.613(1). Commonwealth v. St. Joseph Health Sys., Inc., 398 S.W.3d 446, 2013 Ky. App. LEXIS 11 (Ky. Ct. App. 2013).

Any entity, whether regulated as a public utility or not, that furnishes utility services derives utility gross receipts from the furnishing of those utility services and, therefore, is subject to imposition of utility tax under KRS 160.613(1). Commonwealth v. St. Joseph Health Sys., Inc., 398 S.W.3d 446, 2013 Ky. App. LEXIS 11 (Ky. Ct. App. 2013).

3. Exemptions.

The county regulation requiring the payment of the Utility Gross Receipts License Tax in order to claim the exemption under subsection (1) of this section did not enlarge or limit the terms of the legislative enactment, and the county fiscal court had the authority to promulgate regulations for the collection of the tax; therefore, the regulation did not violate the law, and the taxpayer was not entitled to a refund for the overpaid tax on the ground that the regulation was invalid and it paid the excess tax involuntarily. Martin Marietta Aluminum, Inc. v. Hancock County Bd. of Education, 806 F.2d 678, 1986 U.S. App. LEXIS 34147 (6th Cir. Ky. 1986 ).

The regulation requiring the payment of the Utility Gross Receipts License Tax by the direct payment method in order to claim the exemption to the extent that the cost of energy or energy-producing fuels used by a manufacturer, processor, miner or refiner exceeds three percent (3%) of its cost of production did not conflict with the enabling statute. Martin Marietta Aluminum, Inc. v. Hancock County Bd. of Education, 806 F.2d 678, 1986 U.S. App. LEXIS 34147 (6th Cir. Ky. 1986 ).

A local regulation providing for a local utility tax for the purpose of collecting revenue for schools was invalid to the extent that it allowed taxpayers with an energy direct pay authorization (EDPA) to claim an exemption for energy costs that exceeded three percent (3%) of the cost of production and provided no regulatory scheme for a refund of excess tax paid prior to the time a taxpayer is eligible to obtain an EDPA. Inland Container Corp. v. Mason County Bd. of Educ., 6 S.W.3d 374, 1999 Ky. LEXIS 149 ( Ky. 1999 ).

4. Regulations.

Where the direct payment method caused less disruption in the finances of the county school district, the county regulation which gave refunds or credits to taxpayers who paid according to the direct payment method when their cost of energy or energy-producing fuels used exceeded three percent (3%) of their cost of production, but denied it to those who failed to use that method, did not violate the equal protection clause of the Fourteenth Amendment of the United States Constitution.Martin Marietta Aluminum, Inc. v. Hancock County Bd. of Education, 806 F.2d 678, 1986 U.S. App. LEXIS 34147 (6th Cir. Ky. 1986 ).

5. Refund.

Since the Utility Gross Receipts License Tax is a local tax and the moneys levied by the tax are not paid into the state treasury, KRS 134.580 would not provide a refund to a taxpayer. Martin Marietta Aluminum, Inc. v. Hancock County Bd. of Education, 806 F.2d 678, 1986 U.S. App. LEXIS 34147 (6th Cir. Ky. 1986 ).

6. Recall Election.

County Board of Education’s levy of a utility gross receipts license tax, designed to produce additional revenue up to 15% of the base funding level, was subject to statutory recall election provisions. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

Cited:

Baker v. Strode, 348 F. Supp. 1257, 1971 U.S. Dist. LEXIS 14893 (W.D. Ky. 1971 ); Board of Education v. Fiscal Court of Warren County, 485 S.W.2d 752, 1972 Ky. LEXIS 141 ( Ky. 1972 ); Board of Elections v. Board of Education, 635 S.W.2d 324, 1982 Ky. App. LEXIS 221 (Ky. Ct. App. 1982); Board of Education v. Independent Bd. of Education, 681 S.W.2d 429, 1984 Ky. App. LEXIS 497 (Ky. Ct. App. 1984); Directv, Inc. v. Treesh, 290 S.W.3d 638, 2009 Ky. LEXIS 145 ( Ky. 2009 ).

Opinions of Attorney General.

A board of education of a school district has no discretion as to the subject of the utility gross receipts license tax. OAG 66-551 .

Bottled gas companies are not utilities and are not subject to the utility gross receipts license tax. OAG 66-555 .

Electrical power furnished to coal mines for the purpose of mining coal would be exempt from the three percent utility gross receipts license tax if it can be shown by the mining companies that such electrical power consumed by them is more than three percent of their total cost of production. OAG 66-599 .

The county fiscal court would be the proper party to institute any legal action to enforce the collection and payment of the utility gross receipts license tax. OAG 66-599 .

Electrical power furnished to coal mines for the purpose of mining coal would be exempt from the three percent utility gross receipts license tax to the extent that such power used by the companies exceeds three percent of their total cost of production. OAG 66-663 .

A county school board could request a budget increase and the levy of a utility gross receipts license tax in the same year. OAG 66-675 .

The utility gross receipts license tax would not apply to the sale of mineral spring water, fuel oil, or drinking water in a particular school district. OAG 67-51 .

Since the utility gross receipts license tax for schools is on the vendor there is no exemption for agencies of the federal government. OAG 67-201 .

A water district is not required to pay the three percent utility tax on sewerage charges where such charges are made a part of the total water bill and are not itemized or separated on the bill to the customer. OAG 67-282 .

Utility companies are not responsible for payment of the three percent tax on sewerage charges when the charge is determined from water consumption but is separated from the rest of the utility bill. OAG 67-282 .

The monthly remittance of the gross receipts license tax for schools is mandatory and the Attorney General’s office has no authority to approve a different period for the payment of the tax. OAG 67-403 .

Unless a county board of education had acted in bad faith the fiscal court had no alternative but to accept the school budget as presented to them and levy the requested three percent utility gross receipts license tax. OAG 67-435 .

For a pulp and paper company the price of pulp wood and other raw materials would be excluded from operating costs. OAG 68-58 .

Each source of energy or energy-producing fuel would be taxable to the extent it does not exceed three percent of production. OAG 68-58 .

In determining the cost of energy or energy-producing fuels each type of energy-producing fuel would have to be treated separately. OAG 68-58 .

The cost to a pulp and paper company of treating water from the river could be treated as cost of production, but not as a cost of energy or energy-producing fuels. OAG 68-58 .

A natural gas pipeline company, required by the provisions of KRS 278.485 to furnish gas to homeowners living adjacent to its lines, but not required to serve the public in general, is not a public utility and is not required to collect the tax imposed by this section. OAG 68-179 .

The school board may request the tax at any time. OAG 69-17 .

The levy can become effective within a reasonable time after the provisions of this section have been complied with, which would be 30 to 60 days. OAG 69-17 .

A county public library is required to pay a school tax on utilities. OAG 69-202 .

If the school board complies with KRS 160.593 and with 160.603 , the fiscal court is mandatorily required to levy a utility gross receipts license tax, within 15 days of such request, at the rate requested. OAG 69-367 .

The collection of the tax authorized by this section is limited to utility services furnished to customers located within the county and would not extend to utility services furnished customers in an adjoining state. OAG 69-576 .

Energy furnished a company for manufacturing, processing, mining, or refining purposes would be exempt from the utility gross receipts tax only to the extent that the cost of the energy used exceeds three percent of the cost of production. OAG 70-757 .

The housing authority of Lexington, under the provisions of KRS 80.190 , is required to pay the utility gross receipts license tax for schools provided for in this section. OAG 70-788 .

The procedure for reducing the tax is set out in KRS 160.635 . OAG 71-323 .

This section contains no tax exemptions for counties and other political subdivisions. OAG 72-460 .

A city-owned utility, as well as a public utility, is required to pay the three percent utility gross receipts tax for schools when it has been enacted by the fiscal court upon request of the school district after notice and hearing in accordance with KRS 160.603 . OAG 73-822 .

A city-owned utility is not entitled to be paid the expense of collecting the utility gross receipts tax since it may pass the tax on to consumers through a rate increase which, in contrast to a public utility under the Public Service Commission, may be done without commission approval. OAG 73-822 .

Whether or not a rural electric cooperative corporation increases its rates it must pay the utility gross receipts license tax for schools provided in KRS 160.613 since the exemption provided for in KRS 279.200 was repealed by the later enactment of KRS 160.613 and 160.617 , leaving as the only exemption that provided for in KRS 160.613. OAG 74-507 .

As the tax authorized by this section may be passed on to the customers directly as a rate increase, the amounts paid thereunder are not deductible by the utility for state income tax purposes. OAG 74-814 .

The flat charge for the furnishing of energy to security lights would fall within the definition of gross receipts set out in this section and would subject such fee to the tax provided in the section. OAG 75-432 .

A rural water district required to pay the utility gross receipts tax may increase its rates by 3%, but the increase shall be noted on the bills as a “rate increase for school taxes” and any expenses incurred in passing the tax on to the customers must be absorbed by the utility company. OAG 75-455 .

The state, county and city governments are subject to the utility gross receipts license tax authorized by this section. OAG 76-269 .

Where a water district, which purchases water from the municipal water and sewer commission, sells water to its own customers and bills them individually, the water district must pay the utility gross receipts license tax to the county finance officer on the amount it bills to its individual customers, but if the customers resell the water to commercial haulers, then the customers must pay the utility tax. OAG 76-269 .

Since the utility gross receipts license tax is denominated a rate increase with only those exceptions set out herein, religious institutions would not be exempt from paying the tax. OAG 80-22 .

A school board is not prohibited from decreasing the tax rate below the maximum three percent if, in the board’s discretion, such a decrease is deemed warranted. OAG 80-59 .

The local board of education has discretion to adopt a resolution calling for the levying of a utility gross receipts license tax for an indefinite number of years to come or to prescribe a predetermined number of years for existence of the tax. OAG 80-59 .

Where a county board of education levied a utility gross receipts tax pursuant to an order authorized by this section, after which a recall petition was presented to the county board of elections requesting that the tax levy be placed on the ballot for voter approval or disapproval pursuant to KRS 160.597 , the board of education’s subsequent withdrawal of the tax levy order was a valid exercise of its discretion and the board of elections would not be required to still submit the recall question to the voters, since the necessity of the public having to bear the expense of holding such an election would serve no useful purpose. OAG 80-442 .

The furnishing of telephonic communications services “within the county” is the taxable event and the basis of the county’s jurisdiction to impose the gross receipts tax. OAG 82-45 .

The installation, maintenance and continued provision of telephones to residents within a county must constitute the furnishing of “telephonic communications services” and the phrase “telephonic communications services” makes no distinction between local calls and intrastate long distance calls; consequently, there is no reasonable basis to assume that the legislature ever intended to make such a distinction. OAG 82-45 .

Any intrastate long distance telephone call which is made to or from a telephone located within a county where the tax is applicable and which is billed to that telephone is subject to the utility gross receipts license tax and the customer’s payment for such a call would then be included in “gross receipts” as defined in this section; any suggestion that such a payment should not be included in gross receipts is simply not supported by the plain language of this section since the only amounts that are to be exempted from gross receipts are specifically set out and those exemptions do not include receipts from intrastate long distance telephone calls. OAG 82-45 .

Two (2) school districts, which were a combined taxing district prior to 1976 amendment of KRS 160.593 , were no longer a combined taxing district for the levying of the three percent utility gross receipts license tax, where, at no time after June 19, 1976, did the two (2) school districts seek and obtain written approval from the State Board of Education to continue to levy an identical tax as a combined taxing district. OAG 82-146 .

A religious institution is not exempt from paying the utility gross receipts license tax. OAG 82-190 .

The 3% utility gross receipts license tax authorized by this section may not be collected on sewerage and thus the water usage and sewerage usage will have to be separated on the bill in order for the 3% to be charged only on the water usage. OAG 82-519 .

Upon a merger of a county school district and an independent school district, the utility gross receipts license tax of three percent in effect in the county school district would become effective as to the entire merged district. OAG 83-325 .

Telephonic communications services encompass telephonic equipment provided to consumers by telephone companies for a periodic fee which would be included in gross receipts subject to the tax. OAG 83-346 .

Since cable television is not specifically named in this section, and does not fall within the meaning of “telephonic and telegraphic communications services” because it is not a form of communication provided by telephones or telegraphs, the tax does not apply to cable television. OAG 83-346 .

Even though a utility company may raise its rates under KRS 160.617 to compensate for the utility gross receipts license tax levied by this section, this does not make it a tax levied on the customers; it remains the utility company’s liability. Consequently, the Providence Housing Authority, a tax exempt organization, is not exempt from paying the added cost since it is not paying the utility gross receipts license tax, it is paying for utility services. OAG 83-445 .

The utility gross receipts tax is not actually a tax on the consumer, but rather is a tax on the utility itself although the utility does have the statutory authority, under KRS 160.617 , to pass on the tax to the consumer; there is no statutory basis for providing an exemption to any consumer. OAG 84-70 .

Where the only road by which one could gain access to property located in a county which had a utility gross receipts tax was through the adjacent county, which did not have such tax, and where the Property Valuation Administrators of the two counties agreed to allow residents of such property to pay their property taxes in adjacent county in exchange for the county magistrate in that area caring for the roads and providing other services to these people, such arrangement had no valid legal basis and residents of the property were not entitled to exemption from utility gross receipts tax if their property was within the boundaries of the county school district, even though their children attended school in the adjacent county. OAG 84-70 .

While this section does contain an exemption for utilities that are resold, it is obvious that the exemption applies only to utility purchases that are resold as utilities, in which event the reseller becomes liable for the tax as a supplier of the utility; in the case of a brick manufacturer, presumably the water purchases represent the cost of a raw material necessary for production; although the water may be a component of the finished bricks, nobody buys bricks to get the water out of them and therefore, the manufacturer may not be deemed to be reselling the water utility, and consequently its water purchases are taxable. OAG 92-22 .

County is obligated to pay the cost of taxes imposed on utilities that are passed through to the county as a consumer. County is not entitled to a refund of such taxes that have been previously paid. OAG 93-17 .

160.6131. Definitions for KRS 160.613 to 160.617.

As used in KRS 160.613 to 160.617 :

  1. “Department” means the Department of Revenue;
  2. “Communications service” means the provision, transmission, conveyance, or routing, for consideration, of voice, data, video, or any other information signals of the purchaser’s choosing to a point or between or among points specified by the purchaser, by or through any electronic, radio, light, fiber optic, or similar medium or method now in existence or later devised.
    1. “Communications service” includes but is not limited to:
      1. Local and long-distance telephone services;
      2. Telegraph and teletypewriter services;
      3. Postpaid calling services;
      4. Private communications services involving a direct channel specifically dedicated to a customer’s use between specific points;
      5. Channel services involving a path of communications between two (2) or more points;
      6. Data transport services involving the movement of encoded information between points by means of any electronic, radio, or other medium or method;
      7. Caller ID services, ring tones, voice mail, and other electronic messaging services;
      8. Mobile wireless telecommunications service and fixed wireless service as defined in KRS 139.195 ; and
      9. Voice over Internet Protocol (VOIP).
    2. “Communications service” does not include any of the following if the charges are separately itemized on the bill provided to the purchaser:
      1. Information services;
      2. Internet access as defined in 47 U.S.C. sec. 151 ;
      3. Installation, reinstallation, or maintenance of wiring or equipment on a customer’s premises. This exclusion does not apply to any charge attributable to the connection, movement, change, or termination of a communications service;
      4. The sale of directory and other advertising and listing services;
      5. Billing and collection services provided to another communications service provider;
      6. Cable service, satellite broadcast, satellite master antenna television, wireless cable service, including direct-to-home satellite service as defined in Section 602 of the federal Telecommunications Act of 1996, and Internet protocol television provided through wireline facilities without regard to delivery technology;
      7. The sale of communications service to a communications provider that is buying the communications service for sale or incorporation into a communications service for sale, including:
        1. Carrier access charges, excluding user access fees;
        2. Right of access charges;
        3. Interconnection charges paid by the provider of mobile telecommunications services or other communications providers;
        4. Charges for the sale of unbundled network elements as defined in 47 U.S.C. sec. 153(29) on January 1, 2001, to which access is provided on an unbundled basis in accordance with 47 U.S.C. sec. 251(c)(3) ; and
        5. Charges for use of facilities for providing or receiving communications service;
      8. The sale of communications services provided to the public by means of a pay phone;
      9. Prepaid calling services and prepaid wireless calling service;
      10. Interstate telephone service, if the interstate charge is separately itemized for each call; and
      11. If the interstate calls are not itemized, the portion of telephone charges identified and set out on the customer’s bill as interstate as supported by the provider’s books and records;
  3. “Gross cost” means the total cost of utility services including the cost of the tangible personal property and any services associated with obtaining the utility services regardless from whom purchased;
  4. “Gross receipts” means all amounts received in money, credits, property, or other money’s worth in any form, as consideration for the furnishing of utility services;
  5. “Utility services” means the furnishing of communications services, electric power, water, and natural, artificial, and mixed gas;
  6. “Cable service” has the same meaning as in KRS 136.602 ;
  7. “Satellite broadcast and wireless cable service” has the same meaning as in KRS 136.602 ;
  8. “Ring tones” has the same meaning as in KRS 136.602 ;
  9. “Multichannel video programming service” has the same meaning as in KRS 136.602 ;
  10. “Industrial processing” has the same meaning as in KRS 139.010 ;
  11. “Manufacturing” has the same meaning as in KRS 139.010 ; and
  12. “Plant facility” has the same meaning as in KRS 139.010 .

History. Enact. Acts 2004, ch. 79, § 1, effective July 1, 2005; 2005, ch. 85, § 595, effective June 20, 2005; 2005, ch. 168, § 129, effective March 18, 2005; 2007, ch. 141, § 17, effective July 1, 2007; 2009, ch. 99, § 3, effective July 1, 2009; 2019 ch. 151, § 75, effective June 27, 2019.

Compiler's Notes.

The definition of “internet access” referred to in subsection (2)(b)2 above is found in Sec. 1101 of the Internet Tax Freedom Act, which appears as a note under 47 U.S.C.S. § 151.

Section 602 of the federal Telecommunications Act of 1996, referred to in (2)(b)6., may be found as a note following 47 USCS § 152.

Legislative Research Commission Notes.

(6/27/2019). Section 82 of 2019 Ky. Acts ch. 151 states that the amendments to this statute made in Section 75 of that Act apply to transactions occurring on or after July 1, 2019.

(6/27/2019). This statute was amended in Section 75 of 2019 Ky. Acts ch. 151. Section 86 of that Act reads, “No claim for refund or credit of a tax overpayment for any taxable period ending prior to July 1, 2018, made by an amended return, tax refund application, or any other method after June 30, 2018, and based on the amendments to subsection (3) of Section 27 of this Act or based on the amendments to Section 74 or 75 [this statute] of this Act, shall be recognized for any purpose.”

(6/27/2019). This statute was amended in Section 75 of 2019 Ky. Acts ch. 151. Section 87 of that Act reads, “Notwithstanding KRS 446.090 , the amendments to subsection (3) of Section 27 of this Act [KRS 139.480 ] and the amendments to Sections 74 [KRS 160.613 ] and 75 [this statute] of this Act are not severable. If the amendment made to subsection (3) of Section 27 of this Act or the amendments to Section 74 or 75 of this Act is declared invalid for any reason, then all amendments to subsection (3) of Section 27 of this Act and the amendments to Sections 74 and 75 of this Act shall also be invalid.”

160.614. Tax on gross receipts from furnishing of cable television services and multichannel video programming services.

  1. A utility gross receipts license tax initially levied by a school district board of education on or after July 13, 1990, shall be levied on the gross receipts derived from the furnishing of cable service in addition to the gross receipts derived from the furnishing of the utility services defined in KRS 160.6131 .
  2. A utility gross receipts license tax initially levied by a school district board of education prior to July 13, 1990, shall be levied on the gross receipts derived from the furnishing of cable service, in addition to the gross receipts derived from the furnishing of the utility services defined in KRS 160.6131 , if the school district board of education repeats the notice and hearing requirements of KRS 160.603 , but only as to the levy of the tax on the gross receipts derived from the furnishing of cable service.
  3. A utility gross receipts license tax initially levied by a school district board of education on or after July 1, 2005, shall include the gross receipts derived from the furnishing of direct satellite broadcast and wireless cable service in addition to the gross receipts derived from the furnishing of utility services defined in KRS 160.6131 and cable service.
  4. Any school district that has cable service included in the base of a utility gross receipts tax levied prior to July 1, 2005, shall, as of July 1, 2005, include gross receipts derived from the furnishing of direct satellite broadcast and wireless cable service in the base of its utility gross receipts tax at the same rate as applied to cable service, unless the school district board of education chooses to opt out of this requirement by following the procedures set forth in subsection (5) of this section.
  5. Any school district board of education may elect to opt out of the base expansion required by subsection (4) of this section. However, any district electing to opt out of the provisions of subsection (4) of this section shall also remove from the base of its utility gross receipts tax all gross receipts from the furnishing of cable service. To opt out of the provisions of subsection (4) of this section, a school district board of education shall, before May 1, 2005:
    1. Determine the amount of revenue that will be lost from removing gross receipts of cable service from the base of the utility gross receipts tax, and how that revenue will be replaced; and
    2. Provide written notice of the intent to opt out of the base expansion required by subsection (4) of this section to the Department of Revenue, the Department of Education, all cable service providers operating in the district, and the public.
      1. Notice to the public shall be accomplished through the publication at least one (1) time in a newspaper of general circulation in the county, or by a posting at the courthouse door if there is no such newspaper, of the fact that the district board has elected to opt out of the base expansion required by subsection (4) of this section. The notice shall include the following information:
        1. The amount of revenue that will be lost from removing gross receipts of cable service from the base of the utility gross receipts tax and how that revenue will be replaced; and
        2. The date, time, and location of a meeting of the board, not earlier than one (1) week or later than two (2) weeks from the date of the notice, for the purpose of hearing comments regarding the proposed action of the board, and explaining the reasons for the proposed action.
      2. The board of education shall conduct a public hearing at the place and on the date and time provided in the notice for the purpose of hearing comments regarding the proposed action of the board, and explaining the reasons for the proposed action.
  6. A utility gross receipts license tax initially levied by a school district board of education on or after July 1, 2009, shall include the gross receipts derived from the furnishing of multichannel video programming service in addition to the gross receipts derived from the furnishing of utility services.
  7. Any school district board of education that has cable service and direct satellite broadcast and wireless cable service included in the base of a utility gross receipts tax levied prior to July 1, 2009, shall, as of July 1, 2009, include gross receipts derived from the furnishing of Internet protocol television service provided through wireline facilities without regard to delivery technology, in the base of its utility gross receipts tax at the same rate as applied to cable service and direct satellite broadcast and wireless cable service.

History. Enact. Acts 1990, ch. 476, Pt. III, § 115, effective July 13, 1990; 2004, ch. 79, § 3, effective July 1, 2005; 2005, ch. 168, § 130, effective March 18, 2005; 2009, ch. 99, § 4, effective July 1, 2009.

Legislative Research Commission Note.

(3/18/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

NOTES TO DECISIONS

  1. Application.
  2. Recall Election.
  3. Federal Preemption.
1. Application.

The county Board of Education argued that the enactment of this section indicated that the General Assembly intended that the recall provisions of KRS 160.597 would not be applicable to utility taxes levied to provide base or Tier One funding, but this section merely expanded the utilities subject to a permissive school funding levy to include cable television and in the absence of a strong statutory indication to the contrary, an express statute will not be deemed to have been abrogated by implication. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

2. Recall Election.

County Board of Education’s levy of a utility gross receipts license tax, designed to produce additional revenue up to 15% of the base funding level, was subject to statutory recall election provisions. Board of Educ. v. Brooks, 824 S.W.2d 431, 1992 Ky. App. LEXIS 22 (Ky. Ct. App. 1992).

School district board of education’s levy of a utility gross receipts license tax on cable television services, pursuant to subsection (2) of this section, was subject to the levy recall procedure set out in KRS 160.597 . Owensboro Cablevision v. Libs, 863 S.W.2d 331, 1993 Ky. App. LEXIS 60 (Ky. Ct. App. 1993).

3. Federal Preemption.
Section 602(a) of the Telecommunications Act of 1996 preempts local taxation of direct-to-home broadcast satellite programming; the gross receipt taxes which various local school district boards of education impose on satellite programming providers pursuant to KRS 1601.140 are local taxes which carry the administrative burdens the federal law was intended to avoid. DirecTV, Inc. v. Treesh, 290 S.W.3d 638, 2009 Ky. LEXIS 145 (Ky. 2009), cert. denied, 558 U.S. 1111, 130 S. Ct. 1053, 175 L. Ed. 2d 882, 2010 U.S. LEXIS 161 (U.S. 2010).

Providers of broadcast satellite services were not subject to the gross receipts tax of KRS 160.614(3) because the gross receipts tax, as administered, was the sort of local imposition preempted by Pub. L. No. 104-104, Title VI, § 602(a) (reprinted at 47 U.S.C.S. § 152, historical and statutory notes), of the federal Telecommunications Act of 1996. DirecTV, Inc. v. Treesh, 290 S.W.3d 638, 2009 Ky. LEXIS 145 ( Ky. 2009 ), cert. denied, 558 U.S. 1111, 130 S. Ct. 1053, 175 L. Ed. 2d 882, 2010 U.S. LEXIS 161 (U.S. 2010).

Cited:

Storer Communications of Jefferson County, Inc. v. Oldham County Bd. of Educ., 850 S.W.2d 340, 1993 Ky. App. LEXIS 47 (Ky. Ct. App. 1993).

Opinions of Attorney General.

Any board complying fully with the provisions of this section and KRS 160.603 is not subject to the provisions of KRS 160.597 . OAG 90-96 .

The inclusion of cable television services under the utility gross receipts license tax is merely an enlargement of the class of utilities subject to the utility gross receipts license tax and not a new tax. OAG 90-96 .

160.6145. Utility gross receipts license tax returns, payments transmitted electronically — Waiver — Administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2005, ch. 184, § 4, effective June 20, 2005) was repealed by Acts 2010, ch. 147, § 9, effective July 15, 2010.

160.615. Taxes payable, when — Extension.

  1. The school taxes authorized by KRS 160.613 and 160.614 shall be due and payable monthly and shall be remitted to the department on or before the twentieth day of the next succeeding calendar month.
  2. On or before the twentieth day of the month following each calendar month, a return for the preceding month shall be filed with the department in the form prescribed by the department, together with any tax due.
  3. For purposes of facilitating the administration, payment or collection of the taxes levied by KRS 160.613 and 160.614 , the department, in consultation with the impacted school district, may permit or require returns or tax payments for periods other than those prescribed in subsections (1) and (2) of this section.
  4. The department may, upon written request received on or prior to the due date of the return or tax, for good cause satisfactory to the department, extend the time for filing the return or paying the tax for a period not to exceed thirty (30) days.
  5. Any person to whom an extension is granted and who pays the tax within the period for which the extension is granted shall pay, in addition to the tax, interest at the tax interest rate as defined in KRS 131.010(6) from the date on which the tax would otherwise have been due.

History. Enact. Acts 1966, ch. 24, Part III, § 10; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 463, effective July 13, 1990; 2004, ch. 79, § 4, effective July 1, 2005; 2006, ch. 6, § 21, effective March 6, 2006.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 10) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 463, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Martin Marietta Aluminum, Inc. v. Hancock County Bd. of Education, 806 F.2d 678, 1986 U.S. App. LEXIS 34147 (6th Cir. 1986).

Opinions of Attorney General.

A board of education of a school district has no discretion as to the subject of the utility gross receipts license tax. OAG 66-551 .

The monthly remittance of the gross receipts license tax for schools is mandatory and the Attorney General’s office has no authority to approve a different period for the payment of the tax. OAG 67-403 .

The levy can become effective within a reasonable time after the provisions of KRS 160.613 have been complied with which would be 30 to 60 days. OAG 69-17 .

160.6151. Administration of taxes authorized by KRS 160.613 and 160.614.

For purposes of administering the taxes authorized by KRS 160.613 and 160.614 relating to the sourcing of communications services and the rights of customers, the provisions of KRS 136.602 , 136.605 , and 139.775 shall apply.

History. Enact. Acts 2004, ch. 79, § 5, effective July 1, 2005; 2007, ch. 141, § 18, effective July 1, 2007.

160.6152. Superintendents to provide information to department and to utilities — Allocation of tax payments — Agreement by participating districts within county to allocate based on average daily attendance — Resolution of conflicts.

  1. The superintendent of schools in each school district levying the tax permitted by KRS 160.593 shall, on or before March 31, 2005, provide to the department and to each entity providing utility services within the school district, the boundaries of the school district.
  2. If the boundaries reported to the department and to each entity providing utility services within the school district change, the superintendent of schools shall report the boundary changes to the department and to each entity providing utility services within the school district.
  3. The department and entities providing utility services within the school district shall allocate tax payments among the various school districts imposing the taxes authorized by KRS 160.613 and 160.614 in accordance with the most recent boundary information provided by the superintendents, as adjusted by any agreements entered into pursuant to KRS 160.6153 . The department and entities providing utility services within a school district shall not be responsible for nor subject to the imposition of penalties or interest relating to, distribution errors resulting from incorrect boundary information provided pursuant to this section, and may rely upon the most recent boundary information and any agreements entered into pursuant to KRS 160.6153 and provided by each superintendent as accurate.
  4. If more than one (1) school district board of education within a county levies the taxes permitted under KRS 160.613 or 160.614 , the participating districts may choose to allocate the taxes collected and distributed by the department in proportion to the number of pupils in average daily attendance in the participating districts that levy the tax as shown by the final certification by the chief state school officer for the previous school year pursuant to the provisions of KRS 157.310 to 157.440 . Implementation of this allocation shall be based on the following provisions:
    1. The participating districts shall provide a jointly executed agreement to the department thirty (30) days prior to the first distribution to be so allocated;
    2. The agreement shall remain in effect until one (1) of the participating districts notifies the department and any other participating districts by certified mail thirty (30) days prior to the effective date of any change in allocation that the agreement is dissolved; and
    3. The department shall make annual adjustments to allocations made pursuant to an agreement entered into under this subsection based upon changes in the number of pupils in average daily attendance in the participating districts as shown by the final certification by the chief state school officer for the previous school year pursuant to the provisions of KRS 157.310 to 157.440 .
  5. If there is a conflict regarding school district boundaries, the department may, until the conflict is resolved, distribute the total tax revenues collected for the districts involved in the conflict proportionately to the districts based upon the average daily attendance in the districts for the previous school year.

History. Enact. Acts 2004, ch. 79, § 9, effective July 1, 2005; 2006, ch. 6, § 19, effective March 6, 2006.

Legislative Research Commission Note.

(3/6/2006). 2006 Ky. Acts ch. 6, § 26, provides that this section applies retroactively to January 1, 2006.

160.6153. Procedure when allocation on taxpayer’s return varies from school district boundary information provided by superintendents — Adjustment — Exceptions — Reallocation agreement.

  1. If the department determines that the allocation among districts as submitted by the taxpayer on the return varies from the school district boundary information submitted to the department pursuant to KRS 160.6152 , the department shall:
    1. Make a proposed administrative adjustment to correct the erroneous allocation going forward;
    2. Determine whether the erroneous allocation was used on prior returns and if it was, make a proposed administrative adjustment going back a maximum of one (1) year from the date the erroneous allocation was discovered; and
    3. Retain taxes collected and still on hand for distribution to the impacted districts that are related to the erroneous allocation until the proposed administrative adjustment becomes final.
  2. Within ten (10) days of the discovery of the erroneous allocation, the department shall notify the taxpayer and the impacted school districts in writing of the allocation discrepancy, including the dollar amount at issue, the proposed administrative adjustment to be made, and the process for agreeing to or filing an exception to the proposed administrative adjustment.
  3. The proposed administrative adjustment shall become final upon the earlier of the receipt by the department of written acceptance of the administrative adjustment by all impacted school districts or the expiration of forty-five (45) days from the date of the notice with no exception having been filed.
    1. Exceptions to the proposed administrative adjustment shall be filed with the commissioner of the department, within forty-five (45) days from the date of the notice, and shall include a supporting statement setting forth the basis of the exception. A copy of any exception filed shall also be mailed to the impacted utility services provider and any other impacted school district. (4) (a) Exceptions to the proposed administrative adjustment shall be filed with the commissioner of the department, within forty-five (45) days from the date of the notice, and shall include a supporting statement setting forth the basis of the exception. A copy of any exception filed shall also be mailed to the impacted utility services provider and any other impacted school district.
    2. After the exception has been filed, the impacted school district may request a conference with the department. The request shall be granted in writing stating the time and date of the conference. Other impacted school districts and the impacted utility services provider may also attend any conference. Additional conferences may be held upon mutual agreement.
    3. After considering the exceptions filed by the impacted school district, including any information provided during any conferences, a final administrative ruling shall be issued by the department. The final administrative ruling shall be mailed to all impacted school districts as well as the impacted utility services provider.
    4. The impacted school district filing the exception may request in writing a final ruling at any time after filing exceptions and a supporting statement, and the department shall issue the ruling within thirty (30) days after the request is received by the department.
    5. After a final ruling has been issued, the school district may appeal to the Franklin Circuit Court or to the Circuit Court of the county in which the school district is located.
  4. The method and timing of the implementation of a final administrative ruling that requires a reallocation of previously distributed tax receipts shall be determined by agreement of the impacted school districts, provided that any agreement allowing for adjustments to be made over time in the future shall not extend beyond four (4) years.
    1. The department shall, upon request of the impacted school districts, assist in the development of an agreement.
    2. An agreement that requires distribution changes that vary from the district boundary information shall be provided to the department so that distributions can be made in accordance with the agreement.
    3. If the impacted school districts fail to reach an agreement regarding the reallocation of previously distributed tax receipts, the department shall adjust distributions going forward for four (4) years so that at the expiration of four (4) years, the district that should have received the original distribution has recouped all of the funds distributed erroneously, and the district that erroneously received the funds has repaid all of the funds distributed erroneously.

History. Enact. Acts 2004, ch. 79, § 7, effective July 1, 2005; 2006, ch. 6, § 22, effective March 6, 2006.

160.6154. Collection and distribution of taxes imposed under KRS 160.613 and 160.614.

  1. The department shall collect all taxes imposed by school districts pursuant to KRS 160.613 and 160.614 , and shall have all the powers, rights, duties, and authority with respect to the collection, refund, and administration of these taxes as provided under KRS Chapters 131, 134, and 135, except as otherwise provided in KRS 160.613 to 160.617 . The department shall distribute the taxes collected to each school district imposing the tax on a monthly basis. Distributions shall be made in accordance with the district boundary information submitted to the department pursuant to KRS 160.6152 , as modified by any adjustments or agreements made pursuant to the provisions of KRS 160.6153 .
  2. From each distribution, the department shall deduct an amount which represents the proportionate share of the department’s actual operating and overhead expenses incurred in the collection and administration of the taxes not to exceed one percent (1%) of the amount collected. The department shall report its actual expenses and the allocation of expenses among school districts to the Kentucky Board of Education on a quarterly basis.
  3. As soon as practicable after each return is received, the department may examine and audit it. If the amount of tax computed by the department is greater than the amount returned by the taxpayer, the excess shall be assessed by the department on behalf of the school district within two (2) years from the date prescribed by law for the filing of the return including any extensions granted, except as provided in this section. A notice of the assessment shall be mailed to the taxpayer.
  4. In the case of a failure to file a return or the filing of a fraudulent return, the excess may be assessed at any time.

History. Enact. Acts 2004, ch. 79, § 6, effective July 1, 2005; 2006, ch. 6, § 23, effective March 6, 2006.

160.6155. Taxes to be distributed in compliance with KRS 160.613 to 160.617.

The taxes collected by the department pursuant to KRS 160.613 to 160.617 are remitted to the department for administrative purposes only and shall remain the property of the local school districts levying the tax. The amounts so collected shall not be distributed, allocated, expended, or used in any manner except as provided in KRS 160.613 to 160.617 .

History. Enact. Acts 2004, ch. 79, § 12, effective July 1, 2005; 2006, ch. 6, § 24, effective March 6, 2006.

160.6156. Refund of utility gross receipts tax — Effect of utility’s rate increase — Appeal to Circuit Court.

  1. Any utility service provider or any registered user of utility services as provided in KRS 160.613 (2) or (3) that has paid the utility gross receipts tax imposed by a school district pursuant to KRS 160.613 and 160.614 to the department may request a refund or credit for any overpayment of tax or any payment where no tax was due within two (2) years after the tax due date, including any extensions granted.
  2. A request for refund shall be in writing, and shall be made to the department with a copy to the school district to which the tax was allocated. The request shall state the amount requested, the applicable period, and the basis for the request.
    1. Refunds shall be authorized by the department, in consultation with the chairman or finance officer of the district board of education, with interest as provided in KRS 131.183 . (3) (a) Refunds shall be authorized by the department, in consultation with the chairman or finance officer of the district board of education, with interest as provided in KRS 131.183 .
    2. Notwithstanding paragraph (a) of this subsection, a utility service provider shall not be entitled to a refund or credit of the taxes paid under KRS 160.613 or 160.614 if the utility service provider has increased its rates in accordance with KRS 160.617 , unless the utility service provider refunds or credits its related customers the amount of overpayment made to the department.
  3. The department shall make authorized tax refunds, including interest, from current tax collections in its possession allocated for distribution to the affected district. Applicable school district distributions and the department administrative expense allocation provided for pursuant to KRS 160.6154(2) shall be adjusted proportionately to reflect refunds paid. If sufficient funds are not available from the current distribution cycle, the department shall pay refunds from subsequent amounts collected for distribution to the affected district until all refund payments, including interest, have been completed.
  4. If the department denies a requested refund in whole or in part, the taxpayer may appeal the denial to the Circuit Court in the county where the school district is located within thirty (30) days from the mailing date of the denial.

History. Enact. Acts 2004, ch. 79, § 8, effective July 1, 2005; 2006, ch. 6, § 20, effective March 6, 2006; 2008, ch. 132, § 4, effective April 24, 2008; repealed and reenact. 2009, ch. 86, § 4, effective March 24, 2009; 2014, ch. 137, § 2, effective July 15, 2014.

Legislative Research Commission Notes.

(3/24/2009). 2009 Ky. Acts ch. 86, sec. 17, provides that “The intent of the General Assembly in repealing and reenacting KRS 136.392 , 138.195 , 141.160 , 160.6156 , 160.6157 , 160.6158 , 131.183 , 141.044 , 141.235 , 134.580 , 393.060 , and 157.621 in Sections 1 to 12 of this Act is to affirm the amendments made to these sections in 2008 Ky. Acts ch. 132. The provisions in Sections 1 to 12 of this Act shall apply retroactively to April 24, 2008.”

(3/24/2009). 2009 Ky. Acts ch. 86, sec. 18, provides “To the extent that any provision included in this Act is considered new language, the provisions of KRS 446.145 requiring such new language to be underlined are notwithstood.”

(3/6/2006). 2006 Ky. Acts ch. 6, § 26, provides that this section applies retroactively to January 1, 2006.

NOTES TO DECISIONS

1. Applicability.

Because an action challenging the imposition of utility services tax was initiated by the consumer, not the provider, KRS 160.6156(1) was inapplicable and the consumer was not required to exhaust administrative remedies. Commonwealth v. St. Joseph Health Sys., Inc., 398 S.W.3d 446, 2013 Ky. App. LEXIS 11 (Ky. Ct. App. 2013).

160.6157. Penalty provisions applicable to taxes levied by school districts — Penalty imposed for erroneous billing.

  1. The uniform penalty provisions of KRS 131.180 shall apply to all taxes levied by school districts pursuant to KRS 160.613 and 160.614 .
  2. In addition to the penalties provided by KRS 131.180 and the taxes imposed under KRS 160.613 and 160.614 , any utility service provider that erroneously bills customers after being notified of the error by the department shall be subject to a penalty of twenty-five dollars ($25) per subsequent error, not to exceed ten thousand dollars ($10,000) per month.

History. Enact. Acts 2004, ch. 79, § 10, effective July 1, 2005; 2008, ch. 132, § 5, effective April 24, 2008; repealed and reenact. 2009, ch. 86, § 5, effective March 24, 2009.

Legislative Research Commission Notes.

(3/24/2009). 2009 Ky. Acts ch. 86, sec. 17, provides that “The intent of the General Assembly in repealing and reenacting KRS 136.392 , 138.195 , 141.160 , 160.6156 , 160.6157 , 160.6158 , 131.183 , 141.044 , 141.235 , 134.580 , 393.060 , and 157.621 in Sections 1 to 12 of this Act is to affirm the amendments made to these sections in 2008 Ky. Acts ch. 132. The provisions in Sections 1 to 12 of this Act shall apply retroactively to April 24, 2008.”

(3/24/2009). 2009 Ky. Acts ch. 86, sec. 18, provides “To the extent that any provision included in this Act is considered new language, the provisions of KRS 446.145 requiring such new language to be underlined are notwithstood.”

160.6158. Waiver of penalties.

  1. Notwithstanding any other provisions to the contrary, the commissioner of the department, in consultation with an impacted school district, shall waive any penalty, but not interest, where it is shown to the satisfaction of the department that the failure to file or pay timely is due to reasonable cause.
  2. The penalty imposed by KRS 160.6157(2) may be waived by the department based on reasonable cause.

History. Enact. Acts 2004, ch. 79, § 11, effective July 1, 2005; 2008, ch. 132, § 6, effective April 24, 2008; repealed and reenact. 2009, ch. 86, § 6, effective March 24, 2009.

Legislative Research Commission Notes.

(3/24/2009). 2009 Ky. Acts ch. 86, sec. 17, provides that “The intent of the General Assembly in repealing and reenacting KRS 136.392 , 138.195 , 141.160 , 160.6156 , 160.6157 , 160.6158 , 131.183 , 141.044 , 141.235 , 134.580 , 393.060 , and 157.621 in Sections 1 to 12 of this Act is to affirm the amendments made to these sections in 2008 Ky. Acts ch. 132. The provisions in Sections 1 to 12 of this Act shall apply retroactively to April 24, 2008.”

(3/24/2009). 2009 Ky. Acts ch. 86, sec. 18, provides “To the extent that any provision included in this Act is considered new language, the provisions of KRS 446.145 requiring such new language to be underlined are notwithstood.”

(7/12/2006). 2005 Ky. Acts ch. 123, relating to the creation and organization of the Environmental and Public Protection Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

160.617. Utility rate increase.

Notwithstanding KRS 278.040(2), or any other provision to the contrary, any utility, cable service provider, or satellite broadcast and wireless cable service provider required to pay the tax authorized by KRS 160.613 or 160.614 may increase its rates in any school district in which it is required to pay the school tax by the amount of the school tax imposed, up to three percent (3%). Any utility, cable service provider, or satellite broadcast and wireless cable service provider so increasing its rates shall separately state on the bills sent to its customers the amount of the increase and shall identify the amount as: “Rate increase for school tax.”

History. Enact. Acts 1966, ch. 24, Pt. III, § 11; 1976, ch. 127, § 13; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 464, effective July 13, 1990; 2004, ch. 79, § 13, effective July 1, 2005; 2005, ch. 168, § 131, effective March 18, 2005.

Legislative Research Commission Note.

(6/20/2005). A manifest clerical or typographical error contained in the 2005 Ky. Acts ch. 168, sec. 168 amendments to this section has been corrected in codification under the authority of KRS 7.136(1)(h).

NOTES TO DECISIONS

  1. Constitutionality.
  2. Increase in Gross Receipts.
1. Constitutionality.

This section does not impose an arbitrary or discriminatory tax classification in violation of Ky. Const., §§ 2, 171. Lamar v. Board Education, 467 S.W.2d 143, 1971 Ky. LEXIS 359 ( Ky. 1971 ).

2. Increase in Gross Receipts.

Where a fiscal court levied a utility gross receipts license tax of three percent pursuant to KRS 160.613 and a utility therefore increased its customers’ bills by three percent pursuant to KRS 160.617 , the utility was the taxpayer liable for its consequent increase in gross receipts since such receipts were not exempt from sales tax and the increase could not be considered as a tax on customers in which the utility company merely acted as a collection agency. Luckett v. Electric & Water Plant Board, 558 S.W.2d 611, 1977 Ky. LEXIS 543 ( Ky. 1977 ).

Cited:

Baker v. Strode, 348 F. Supp. 1257, 1971 U.S. Dist. LEXIS 14893 (W.D. Ky. 1971 ); Texas Gas Transmission Corp. v. Board of Education, 502 S.W.2d 82, 1973 Ky. LEXIS 70 ( Ky. 1973 ).

Opinions of Attorney General.

The utility company should pay the tax to the county finance officer who would then distribute the tax to the school districts in the county. OAG 66-420 .

The fiscal court could by regulation require a periodic roster or list of legal users or customers from the utility company. OAG 66-420 .

A board of education of a school district has no discretion as to the subject of the utility gross receipts license tax. OAG 66-551 .

The county fiscal court would be the proper party to institute any legal action to enforce the collection and payment of the utility gross receipts license tax. OAG 66-599 .

Since the utility gross receipts license tax for schools is on the vendor there is no exemption for agencies of the federal government. OAG 67-201 .

The three percent (3%) tax can be passed on to the consumer, but if this option is exercised the special three percent (3%) must be identified on the utility bill. OAG 70-757 .

Whether or not a rural electric cooperative corporation increases its rates it must pay the utility gross receipts license tax for schools provided in KRS 160.613 since the exemption provided for in KRS 279.200 was repealed by the later enactment of KRS 160.613 and 160.617 , leaving the only exemption that provided for in KRS 160.613. OAG 74-507 .

A utility may not impose Kentucky sales and use tax upon that part of the bill which is a license tax as there is nothing in the Kentucky Constitution which authorizes the levy of a tax on a tax. OAG 75-221 .

Where a water district, which purchases water from the municipal water and sewer commission, sells water to its own customers and bills them individually, the water district must pay the utility gross receipts license tax to the county finance officer on the amount it bills to its individual customers, but if the customers resell the water to commercial haulers, then the customers must pay the utility tax. OAG 76-269 .

Even though a utility company may raise its rates under this section to compensate for the utility gross receipts license tax levied by KRS 160.613 , this does not make it a tax levied on the customers; it remains the utility company’s liability. Consequently, the Providence Housing Authority, a tax exempt organization, is not exempt from paying the added cost since it is not paying the utility gross receipts license tax, it is paying for utility services. OAG 83-445 .

The utility gross receipts tax is not actually a tax on the consumer, but rather is a tax on the utility itself although the utility does have the statutory authority, under this section, to pass on the tax to the consumer; there is no statutory basis for providing an exemption to any consumer. OAG 84-70 .

160.620. Independent school district at Louisville and Jefferson County Children’s Home. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 198) was repealed by Acts 1966, ch. 255, § 283.

Excise Tax for Schools

160.621. Excise tax on individual income for schools.

There is hereby authorized an excise tax for schools not to exceed twenty percent (20%) on a county resident’s state individual income tax liability as computed under KRS Chapter 141. The tax year, for purposes of this school tax, shall be the same as the individual’s tax year for state income tax purposes. An individual is a resident of a county if, on December 31 of his tax year, he was domiciled in such county.

History. Enact. Acts 1966, ch. 24, Part III, § 12; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 465, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 12) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 465, effective July 13, 1990.

160.623. Regulations on excise. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, part III, § 13) was repealed by Acts 1976, ch. 127, § 23.

160.625. Excise tax returns — Payment — Form.

The school tax authorized by KRS 160.621 shall be self-assessing. Each county resident paying state individual income taxes under KRS Chapter 141 shall file, on or before July 1 of each year for calendar year taxpayers and six (6) months after the close of the tax year for all other taxpayers, with the proper tax collector, a return showing his state individual income tax liability and the amount of county school tax due. This school tax shall be remitted with the return and shall be delinquent six (6) months after the close of the individual’s tax year. The district board of education shall furnish the necessary tax returns for the administration of this school tax.

History. Enact. Acts 1966, ch. 24, Part III, § 14; 1976, ch. 127, § 14; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 466, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 14; 1976, ch. 127, § 14) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 466, effective July 13, 1990.

160.627. Information on state income tax liability of school district residents — Department of Revenue as tax collector.

  1. The Department of Revenue shall, where that department is not acting as such, make available to the tax collector, or to the school district, where the Department of Revenue is acting as tax collector under subsection (2) of this section, by October 1 of each year, such information as the tax collector or the school district may request concerning the state income tax liability of the school district residents. This information shall be made available on a confidential basis as provided in KRS 131.190 .
  2. The Department of Revenue, upon request by a school district, shall act as tax collector for the school tax authorized by KRS 160.621 , and the Department of Revenue, where so acting, KRS 160.625 notwithstanding, may in its own discretion incorporate its tax collecting duties with those relative to collection of state individual income taxes under KRS Chapter 141, thereby making an individual’s tax payment hereunder due along with his individual income tax payment and subject to law applicable to such as to time and manner of payment. Tax required to be paid under the provisions of this chapter shall be remitted together with the state income tax return. The Department of Revenue, when so acting, KRS 160.500 notwithstanding, shall remit school excise taxes collected to the school districts for which it is acting as tax collector in a reasonably timely and expeditious manner.

History. Enact. Acts 1966, ch. 24, Part III, § 15; 1976, ch. 127, § 15; 1982, ch. 98, § 2, effective July 15, 1982; 1982, ch. 105, § 2, effective March 24, 1982; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 467, effective July 13, 1990; 2005, ch. 85, § 596, effective June 20, 2005.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 15; 1976, ch. 127, § 15; 1982, ch. 98, § 2, effective July 15, 1982; 1982, ch. 105, § 2, effective March 24, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 467, effective July 13, 1990.

160.630. Schools at Houses of Reform and Louisville-Jefferson County Children’s Home classed as common schools and entitled to benefits as such. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 184, §§ 1-5) was repealed by Acts 1966, ch. 255, § 283.

160.631. Definitions for KRS 160.632. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 88, § 1; 1958, ch. 126, § 19) has been recompiled as KRS 158.135(1), (2).

160.632. Reimbursement of districts for school services to out-of-school district children — Reports — Payment. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 88, §§ 2 to 4) has been recompiled as KRS 158.135(3) to (5).

160.633. Deposit of excise tax proceeds.

The proceeds of the tax authorized by KRS 160.621 shall, except when collected pursuant to KRS 160.627(2), be deposited in a special fund until they have been distributed as provided in KRS 160.644 .

History. Enact. Acts 1966, ch. 24, Part III, § 16; 1982, ch. 98, § 3, effective July 15, 1982; 1982, ch. 105, § 3, effective March 24, 1982; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 468, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 16; 1982, ch. 98, § 3, effective July 15, 1982; 1982, ch. 105, § 3, effective March 24, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 468, effective July 13, 1990.

General Provisions on School Taxes

160.635. Continuance of tax until reduced — Expiration date.

School taxes imposed under the provisions of KRS 160.593 to 160.597 , 160.601 to 160.633 , and 160.635 to 160.648 shall remain in full force and effect from year to year until the board of education reduces the rate in effect; however, at the time the tax is first levied the board may set a date on which the tax shall expire.

History. Enact. Acts 1966, ch. 24, Part III, § 17, 1972, ch. 203, § 24; 1974, ch. 125, § 3; 1976, ch. 127, § 16; 1980, ch. 27, § 2, effective March 6, 1980; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 469, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 17, 1972, ch. 203, § 24; 1974, ch. 125, § 3; 1976, ch. 127, § 16; 1980, ch. 27, § 2, effective March 6, 1980) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 469, effective July 13, 1990.

Opinions of Attorney General.

A school board is not prohibited from decreasing the tax rate below the maximum three percent (3%) if, in the board’s discretion, such a decrease is deemed warranted. OAG 80-59 .

160.637. Administrative costs — Department of Revenue collection procedure.

  1. “Requesting school districts” shall mean those school districts for which the Department of Revenue is requested to act as tax collector under the authority of KRS 160.627(2).
  2. Reasonable expenses not to exceed the actual costs of collection incurred by any tax collector, except the Department of Revenue, for the administration or collection of the school taxes authorized by KRS 160.605 to 160.611 , 160.613 to 160.617 , and 160.621 to 160.633 shall be reimbursed by the school district boards of education on a monthly basis or on the basis agreed upon by the boards of education and the tax collector. The expenses shall be borne by the school districts on a basis proportionate to the revenue received by the districts.
  3. The following shall apply only when the Department of Revenue is acting as tax collector under the authority of KRS 160.627(2):
    1. When the department is initially requested to be the tax collector under KRS 160.627(2), the department shall estimate the costs of implementing the administration of the tax so requested, and shall inform the requesting school district of this estimated cost. The requesting school district shall pay to the department ten percent (10%) of this estimated cost referred to as “start-up costs” within thirty (30) days of notification by the department. Subsequent requesting school districts shall pay their pro rata share, or ten percent (10%), whichever is less, of the unpaid balance of the initial “start-up costs” until the department has fully recovered the costs. The payment shall be made within thirty (30) days of notification by the department.
    2. The Department of Revenue shall also be reimbursed by each school district for its proportionate share of the actual operational expenses incurred by the department in collecting the excise tax. The expenses, which shall be deducted by the Department of Revenue from payments to school districts made under the provisions of KRS 160.627(2), shall be allocated by the department to school districts on a basis proportionate to the number of returns processed by the Department of Revenue for each district compared to the total processed by the Department of Revenue for all districts.
    3. All funds received by the department under the authority of paragraphs (a) and (b) of this subsection shall be deposited into an account entitled the “school tax fund account,” an account created within the restricted fund group set forth in KRS 45.305 . The use of these funds shall be restricted to paying the department for the costs described in paragraphs (a) and (b) of this subsection. This account shall not lapse.
    4. The department may retain a portion of the school tax revenues collected in a special account entitled the “school tax refund account” which is an account created within the restricted fund group set forth in KRS 45.305 . The sole purpose of this account shall be to authorize the Department of Revenue to refund school taxes. This account shall not lapse. Refunds shall be made in accordance with the provisions in KRS 134.580(6), and when the taxpayer has made an overpayment or a payment where no tax was due as defined in KRS 134.580(7), within four (4) years of payment.
    5. KRS 160.621 notwithstanding, when the department is acting as tax collector under the authority of KRS 160.627(2), the requesting school district may enact the tax enumerated in KRS 160.621 only at the following rates: five percent (5%), ten percent (10%), fifteen percent (15%), and twenty percent (20%) on a school district resident’s state individual income tax liability as computed under KRS Chapter 141.
    6. Beginning August 1, 1982, any school district which requests the department to collect taxes under the authority of KRS 160.627(2) shall inform the department of this request not less than one hundred fifty (150) days prior to January 1.
    7. The department shall not be required to collect taxes authorized in KRS 160.621 of an individual when the department is not pursuing collection of that individual’s state income taxes. The department shall not be required to collect or defend the tax set forth in KRS 160.621 in any board or court of this state.
    8. Any overpayments of the tax set forth in KRS 141.020 or payments made when no tax was due may be applied to any tax liability arising under KRS 160.621 before a refund is authorized to the taxpayer. No individual’s tax payment shall be credited to the tax set forth in KRS 160.621 until all outstanding state income tax liabilities of that individual have been paid.
    9. KRS 160.510 notwithstanding, the State Auditor shall be the only party authorized to audit the Department of Revenue with respect to the performance of its duties under KRS 160.621.

History. Enact. Acts 1966, ch. 24, part III, § 18; 1972, ch. 203, § 25; 1976, ch. 127, § 17; 1982, ch. 105, § 4, effective March 24, 1982; 1984, ch. 111, § 92, effective July 13, 1984; 1988, ch. 324, § 1, effective July 15, 1988; 1990, ch. 177, § 5, effective July 13, 1990; 1990, ch. 476, Pt. V, § 470, effective July 13, 1990; 2005, ch. 85, § 597, effective June 20, 2005; 2005, ch. 112, § 3, effective June 20, 2005; 2019 ch. 151, § 76, effective June 27, 2019; 2019 ch. 196, § 14, effective June 27, 2019.

Legislative Research Commission Notes.

(6/27/2019). This statute was amended by 2019 Ky. Acts chs. 151 and 196, which do not appear to be in conflict and have been codified together.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

160.640. Custodian of tax funds to give bond — Department of Revenue excepted — Expense, how paid.

Any person having custody of the proceeds of any school tax authorized by KRS 160.605 to 160.611 , 160.613 to 160.617 , and 160.621 to 160.633 , except the Department of Revenue, shall be required to secure a corporate surety bond in an amount to be set by the Kentucky Board of Education. The cost of the surety bond shall be considered a part of the cost of the administration of the school taxes authorized under KRS 160.605 to 160.611 , 160.613 to 160.617 , and 160.621 to 160.633 .

History. Enact. Acts 1966, ch. 24, Part III, § 19; 1976, ch. 127, § 18; 1978, ch. 155, § 82; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 471, effective July 13, 1990; 1996. ch. 362, § 6, effective July 15, 1996; 2004, ch. 79, § 14, effective July 1, 2005; 2005, ch. 85, § 598, effective July 1, 2005.

160.642. Custodian to be audited.

Any person having custody of the proceeds of any school tax authorized by KRS 160.605 to 160.611 , 160.613 to 160.617 , 160.621 to 160.633 shall be audited as provided by KRS 156.265 to 156.285 .

History. Enact. Acts 1966, ch. 24, Pt. III, § 20; 1972, ch. 203, § 27; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 472, effective July 13, 1990; 1994, ch. 296, § 7, effective July 15, 1994.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 20; 1972, ch. 203, § 27) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 472, effective July 13, 1990.

Legislative Research Commission Note.

(9/2/94). By letter of September 2, 1994, the Secretary of the Finance and Administration Cabinet, acting under KRS 48.500 , advised the Reviser of Statutes of his determination “that no funds appropriated by the Executive Branch Appropriations Act for the 1995-96 biennium can be identified as having been appropriated for the purpose of implementing Sections 1 to 7 of House Bill No. 616, Chapter (296), Acts of the 1994 Regular Session of the General Assembly.” Accordingly, the amendment to this statute contained in 1994 Ky. Acts ch. 296 is void under sec. 3(8) of that Act and has not been codified into the statute.

160.644. Tax proceeds, apportionment to districts.

The school taxes and penalties collected under KRS 160.593 to 160.597 , 160.601 to 160.633 , 160.635 to 160.648 shall be distributed to the treasurer of the board of education of the school district. In the event that more than one (1) board of education within the county is participating in one (1) of these tax levies, the funds collected shall be distributed in proportion to the tax rate levied and the number of pupils in average daily attendance in the participating districts as shown by the final certification by the chief state school officer for the previous school year pursuant to the provisions of KRS 157.310 to 157.440 .

History. Enact. Acts 1966, ch. 24, part III, § 21; 1972, ch. 203, § 28; 1974, ch. 125, § 4; 1990, ch. 476, Pt. IV, § 237, effective July 13, 1990.

NOTES TO DECISIONS

  1. Utility Tax.
  2. — Levy.
  3. — Distribution.
1. Utility Tax.
2. — Levy.

As presently worded, KRS 160.593 and this section do not prohibit an individual school district from unilaterally levying a utility tax on the territory within its school district. Moreover, the legislature obviously intended this practice to be the rule rather than the exception. Board of Education v. Independent Bd. of Education, 681 S.W.2d 429, 1984 Ky. App. LEXIS 497 (Ky. Ct. App. 1984).

There is nothing in KRS 160.593 and this section to preclude a school district which had agreed with another district or districts to levy taxes from rescinding that agreement and levying the taxes unilaterally. Board of Education v. Independent Bd. of Education, 681 S.W.2d 429, 1984 Ky. App. LEXIS 497 (Ky. Ct. App. 1984).

3. — Distribution.

If a utility tax is levied by an individual school district, all the money goes to that school board. If the tax is levied by multiple districts in combination, the money is distributed proportionately. Board of Education v. Independent Bd. of Education, 681 S.W.2d 429, 1984 Ky. App. LEXIS 497 (Ky. Ct. App. 1984).

Opinions of Attorney General.

Where two (2) school districts which were a combined taxing district prior to the 1976 amendment of KRS 160.593 never obtained written approval to continue to act as a combined district, this section was no longer applicable to the collection and distribution of the utility gross receipts tax as levied in one of the two (2) districts. OAG 82-146 .

160.646. Finance officer to administer tax — Appointment. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, part III, § 22; 1972, ch. 203, § 29; 1974, ch. 125, § 5) was repealed by Acts 1976, ch. 127, § 23.

160.648. Penalty for failure to make returns or pay tax.

  1. Any person, individual, or corporation required by the provisions of KRS 160.605 to 160.611 and 160.621 to 160.633 to file any return or report or furnish any information requested under the authority of KRS 160.605 to 160.611 and 160.621 to 160.633 who fails to file such return or report or furnish such information on or before the date required shall pay a penalty in the amount of ten dollars ($10) for each failure.
  2. Any person, individual, or corporation who fails to pay, on or before the due date, any school tax authorized by KRS 160.605 to 160.611 and 160.621 to 160.633 and levied by the district board of education shall pay a penalty of one percent (1%) per month of the amount of such tax past due until paid.

History. Enact. Acts 1966, ch. 24, Part III, § 23; 1972, ch. 203, § 30; 1976, ch. 127, § 19; repealed and reenact., Acts 1990, ch. 476, Pt. IV, § 473, effective July 13, 1990; 2004, ch. 79, § 15, effective July 1, 2005.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 24, Part III, § 23; 1972, ch. 203, § 30; 1976, ch. 127, § 19) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 473, effective July 13, 1994.

NOTES TO DECISIONS

1. In General.

The statute does not allow a county board of education to negotiate the amount of tax, interest, or penalties owed by a taxpayer prior to collection of the tax. Inland Container Corp. v. Mason County Bd. of Educ., 6 S.W.3d 374, 1999 Ky. LEXIS 149 ( Ky. 1999 ).

Cited:

Martin Marietta Aluminum, Inc. v. Hancock County Bd. of Education, 806 F.2d 678, 1986 U.S. App. LEXIS 34147 (6th Cir. 1986).

Opinions of Attorney General.

Neither the school nor the tax collector can abate past due interest or penalty on local school taxes paid prior to or after filing suit for collection of the unpaid taxes, penalty and interest. OAG 88-46 .

This section is not written in a permissive form but requires the payment of the penalty which has accrued at a rate of one percent per month until the taxes have been paid. OAG 88-46 .

Kentucky Family Education Rights and Privacy Act

160.700. Definitions related to KRS 160.700 to 160.730.

As used in this chapter, unless the context otherwise requires:

  1. “Directory information” means the student’s name, address, telephone listing, date and place of birth, participation in school recognized sports and activities, height and weight of members of athletic teams, dates of attendance, awards received, major field of study, and the most recent previous educational agency or institution attended by the student, contained in education records in the custody of the public schools;
  2. “Educational institution” means any public school providing an elementary and secondary education, including vocational;
  3. “Education record” means data and information directly relating to a student that is collected or maintained by educational institutions or by a person acting for an institution including academic records and portfolios; achievement tests; aptitude scores; teacher and counselor evaluations; health and personal data; behavioral and psychological evaluations; and directory data recorded in any medium including handwriting, magnetic tapes, film, video, microfiche, computer-generated and stored data, or data otherwise maintained and used by the educational institution or a person acting for an institution. “Education record” shall not include:
    1. Records of instructional, supervisory, and assisting administrative personnel which are in the sole possession of the maker and are not accessible or revealed to any other person except a substitute for any of those persons;
    2. Records maintained by a law enforcement unit of the educational institution that were created by that law enforcement unit for the purpose of law enforcement;
    3. In the case of persons who are employed by an educational agency or institution but who are not in attendance at that agency or institution, records made and maintained in the normal course of business which relate exclusively to that person in the person’s capacity as an employee and are not available for use for any other purpose; or
    4. Records on a student who is eighteen (18) years of age or older, which are made, used, or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional for treatment of the student, and are not available to anyone other than persons providing this treatment, except a physician or other appropriate professional of the student’s choice.
  4. “Eligible student” means a student, or a former student, who has reached the age of eighteen (18) or is pursuing an education beyond high school and therefore the permission or consent required of, and the rights accorded to the parents of the student shall thereafter be required of, and accorded to the student;
  5. “School official” means personnel employed in instructive and administrative positions with a school board or educational institution. Parents and other noneducational persons who are elected or appointed to school-based decision making councils or committees thereof, or other voluntary boards or committees shall not be considered school officials.

History. Enact. Acts 1994, ch. 98, § 1, effective July 15, 1994.

NOTES TO DECISIONS

1. Open Records Act.

Kentucky takes the view that the Family Educational Rights and Privacy Act (FERPA) prohibits disclosure of education records under the Kentucky Open Records Act; Kentucky has adopted its own version of FERPA, applicable to elementary and secondary schools indicating the General Assembly has determined that education records are not subject to the Open Records Act. Kernel Press, Inc. v. Univ. of Ky., 2019 Ky. App. LEXIS 92 (Ky. Ct. App.), sub. op., 2019 Ky. App. Unpub. LEXIS 905 (Ky. Ct. App. May 17, 2019).

Opinions of Attorney General.

A county school system did not violate the Open Records Act in denying a request to inspect a videotape recording of an incident involving the requester’s son that occurred on a county school bus; the videotape qualified for exclusion from public inspection under KRS 61.878(1)(k) and (1)(l) which incorporate the Family Educational Rights and Privacy Act and its state counterpart into the Open Records Act as it contained information on more than one student and such information was inextricably intermingled and therefore nonsegregable, and, therefore, the school system could not disclose the videotape in such a way as to meaningfully honor the rights of the requester to inspect the tape without violating the corresponding rights of the other students and their parents in nondisclosure of the tape to third parties. OAG 99-ORD-217.

Photographs of students performing school work are considered confidential as education records and may be excluded from public inspection if the school system has not taken appropriate steps to designate them as directory information. Photographs of students working with a school counselor or in counseling would be privileged and confidential. OAG 02-ORD-61.

Because videotapes of students in a school classroom are educational records, and because all educational records are exempt from disclosure under the Open Records Act, and since the exemptions for the Open Records Act apply based on the records rather than the status of the requester, the school district properly denied the request of a teacher for access to videotapes made of her own classroom pursuant to KRS 61.878(1)(k) and (l). OAG 02-ORD-132.

The video recording of the basketball game falls within the definition of an education record for purposes of both FERPA and KFERPA: it contains information directly related to particular students and is maintained by the educational agency or institution; the video was part of the communications course work or extra-curricular activity of the school; and the student commentator in the recording was readily identifiable by his voice and the tape served as the basis by the school in disciplining the student for his communications activity. Thus, the School District properly denied the request on the basis that release of an education record containing personally identifiable information of a student is prohibited by FERPA and KFERPA, incorporated into the Open Records Act by operation KRS 61.878(1)(k) and (l). OAG 03-ORD-49.

The list of County students awaiting enrollment in the school is a record that consists of harmless directory information which does not implicate student and family privacy interests, and which is similar, if not identical, to information the Board previously disclosed in response to another open records request. Under these circumstances, the board’s invocation of 20 USCS § 1232g and KRS 160.700 , et seq., is legally unsupportable. OAG 03-ORD-120.

Information that is maintained by a school and that can reasonably lead to the identity of a student is information directly related to a student constitutes an educational record. Unless the school system has first given the parents and students notice and an opportunity to designate the information on a student that may be released, release is prohibited under both the federal act and state law. Because the release of the information is prohibited under federal and state law, the information is exempt from disclosure under the Open Records Act, KRS 61.878(1)(k) and (l). OAG 03-ORD-163.

Research References and Practice Aids

Kentucky Bench & Bar.

Elliott & Fink, Medication Use in Schools: Education Law Meets Pharmacy Law, Volume 75, No. 1, January 2011, Ky. Bench & Bar 5.

160.705. Confidentiality of students’ education records — Procedures for protection and preservation of education records and recordings of school activities.

  1. Education records of students in the public educational institutions in this state are deemed confidential and shall not be disclosed, or the contents released, except under the circumstances described in KRS 160.720 .
  2. School officials shall take precautions to protect and preserve all education records, including records generated and stored in the education technology system. School officials shall:
    1. Retain for a minimum period of one (1) week a master copy of any digital, video, or audio recordings of school activities without editing, altering, or destroying any portion of the recordings, although secondary copies of the master copy may be edited; and
    2. Retain for a minimum of one (1) month in an appropriate format, a master copy of any digital, video, or audio recordings of activities that include, or allegedly include, injury to students or school employees without editing, altering, or destroying any portion of the recordings.
  3. Recordings of school activities shall be subject to privacy and confidentiality requirements as provided in this chapter.

History. Enact. Acts 1994, ch. 98, § 2, effective July 15, 1994; 2013, ch. 14, § 1, effective June 25, 2013.

Opinions of Attorney General.

A county public school system violated the Open Records Act in partially denying a request for records relating to traditional school enrollment policies and residency requirements; the school system’s reliance on KRS 160.705 et seq. and 20 USCS § 1232g, incorporated into the Open Records Act by operation of KRS 61.878(1)(k) and (1)(l), was misplaced. OAG 00-ORD-119.

Any records from a school counselor which identify or lead to the identification of a student or a student’s parent are privileged and confidential. Hence, these records are exempt from disclosure under the Open Records law. OAG 02-ORD-61.

Photographs of students performing school work are considered confidential as education records and may be excluded from public inspection if the school system has not taken appropriate steps to designate them as directory information. Photographs of students working with a school counselor or in counseling would be privileged and confidential. OAG 02-ORD-61.

The video recording of the basketball game falls within the definition of an education record for purposes of both FERPA and KFERPA: it contains information directly related to particular students and is maintained by the educational agency or institution; the video was part of the communications course work or extra-curricular activity of the school; and the student commentator in the recording was readily identifiable by his voice and the tape served as the basis by the school in disciplining the student for his communications activity. Thus, the School District properly denied the request on the basis that release of an education record containing personally identifiable information of a student is prohibited by FERPA and KFERPA, incorporated into the Open Records Act by operation KRS 61.878(1)(k) and (l). OAG 03-ORD-49.

Both records at issue constitute an “education record,” maintained by the school as part of a student’s educational activity and disciplinary record. One was an e-mail from the principal of the school to the superintendent of the County Schools and the other was a Student Behavior Referral form, containing both the teacher’s and the principal’s reports on the incident and identifying the student. They both describe the details of the incident involving the student. OAG 03-ORD-78.

The list of County students awaiting enrollment in the school is a record that consists of harmless directory information which does not implicate student and family privacy interests, and which is similar, if not identical, to information the Board previously disclosed in response to another open records request. Under these circumstances, the board’s invocation of 20 USCS § 1232g and KRS 160.700 , et seq., is legally unsupportable. OAG 03-ORD-120.

Because the School District has not implemented the statutory mechanism for designating any information directly relating to its students as directory information, the School District properly denied the request. OAG 03-ORD-146.

Research References and Practice Aids

Kentucky Bench & Bar.

Elliott & Fink, Medication Use in Schools: Education Law Meets Pharmacy Law, Volume 75, No. 1, January 2011, Ky. Bench & Bar 5.

160.710. Notification of privacy rights — Written policies.

Parents or eligible students shall be informed of the rights of privacy and confidentiality accorded student education records. The educational institution shall determine the means and method of notice and adopt written policies consistent with the state law.

History. Enact. Acts 1994, ch. 98, § 3, effective July 15, 1994.

160.715. Inspection and review of records — Procedures — Fees for copying permitted.

  1. Parents of students or eligible students attending public institutions or who have been in attendance shall have the right to inspect and review student education records within a reasonable time of making a request to inspect.
  2. Educational institutions shall establish procedures for honoring requests for inspection within a reasonable time. Fees for copying materials and documents may be charged.

History. Enact. Acts 1994, ch. 98, § 4, effective July 15, 1994.

160.720. Consent to release of records — Release without consent — Waiver by student — Records of release.

  1. Parents or eligible students may consent to the release of written documents by completing and signing forms devised by the educational institution identifying the records to be released, the date of the release, the party to whom the release is granted, and the purpose of the request.
  2. Educational institutions shall not permit the release or disclosure of records, reports, or identifiable information on students to third parties other than directory information as defined in KRS 160.700 , without parental or eligible student consent except to:
    1. Other school officials, including teachers, with legitimate education interests and purposes.
    2. Other school systems, colleges, and universities to which the student has sought enrollment and transfer, or from which the student was graduated.
    3. Federal, state, or local officials who carry out a lawful function and who are authorized to receive this information pursuant to statute or regulation. This authority includes requests from any agency of the federal and state government for the purpose of determining a student’s eligibility for military service.
    4. Federal, state, or local officials to whom the information is required to be disclosed or reported.
    5. Individuals or organizations conducting legitimate studies, surveys, and data collection in such a manner so as not to permit personal identification of the students or parents.
    6. Accrediting organizations enlisted to carry out accrediting functions.
    7. Parents of a dependent student of the parent as defined in Section 152 of the Internal Revenue Code of 1954 (26 U.S.C. sec. 152 ).
  3. Students may waive the right to inspect confidential recommendations relating to admission to educational institutions, application for employment, and receipt of an honor or honorary recognition. In the case of admissions, the waiver of release shall apply if the student, upon request, is notified of names of persons or organizations making confidential recommendations, and those recommendations are used solely for the purpose intended.
  4. Records of release for information contained in education records, other than directory information indicating the agency, institution, or organization that has requested or has had access to student education records and indicating the purpose of the release or inspection shall be maintained by the educational institution. These records of release shall be limited to inspection by parents, eligible students, school officials and their assistants who are responsible for custody of education records; by school officials within the educational institution who have legitimate educational interests; and by federal and state officials and representatives conducting audits and evaluations of the education programs or in connection with the enforcement of federal or state legal requirements relating to the programs.

History. Enact. Acts 1994, ch. 98, § 5, effective July 15, 1994.

NOTES TO DECISIONS

1. Teacher’s Interest in Viewing Records.

Substantial evidence did not support a Circuit Court’s finding that, under the Family Educational Rights and Privacy Act (FERPA), 20 USCS § 1232g, and the Kentucky Family Educational Rights and Privacy Act (FERPA), KRS 160.700 et seq., a teacher had no legitimate educational interest in viewing videotape recordings of her own classroom. The case was remanded for a hearing to determine whether her request under the Kentucky Open Records Act, KRS 61.870 et seq., was made pursuant to a legitimate educational interest as defined by FERPA and KFERPA. Medley v. Bd. of Educ., 168 S.W.3d 398, 2004 Ky. App. LEXIS 305 (Ky. Ct. App. 2004).

Cited:

Doe v. Knox County Bd. of Educ., 918 F. Supp. 181, 1996 U.S. Dist. LEXIS 7231 (E.D. Ky. 1996 ).

Opinions of Attorney General.

Because videotapes of students in a school classroom are educational records, and because all educational records are exempt from disclosure under the Open Records Act, and since the exemptions for the Open Records Act apply based on the records rather than the status of the requester, the school district properly denied the request of a teacher for access to videotapes made of her own classroom pursuant to KRS 61.878(1)(k) and (l). OAG 02-ORD-132.

160.725. Directory information on student — Student’s right to restrict release — Official recruiters’ access to public high school campuses and student directory information.

  1. An educational institution may publish and release to the general public directory information relating to a student. An educational institution shall give public notice of the categories of directory information that it has designated as directory information with respect to each student in attendance and shall allow a reasonable time after the notice has been given for a parent or eligible student to inform the institution that any or all of the information designated should not be released without prior consent.
    1. If an educational institution provides access to its campus or its student directory information to persons or groups which make students aware of occupational or educational options, the board shall provide access on the same basis to official recruiting representatives of: (2) (a) If an educational institution provides access to its campus or its student directory information to persons or groups which make students aware of occupational or educational options, the board shall provide access on the same basis to official recruiting representatives of:
      1. The Armed Forces of the United States;
      2. The Kentucky Air National Guard;
      3. The Kentucky Army National Guard; and
      4. The service academies of the Armed Forces of the United States.
    2. Local secondary schools shall provide the student directory information to official recruiting representatives by September 30 of each year.
    3. Student directory information given to official recruiting representatives may be used for the purpose of informing students of educational and career opportunities available in the Armed Forces of the United States, the Kentucky Air National Guard, the Kentucky Army National Guard and the service academies of the Armed Forces of the United States.

History. Enact. Acts 1972, ch. 84, § 2, effective July 15, 1982; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 433, effective July 13, 1990; 1994, ch. 98, § 6, effective July 15, 1994; 2002, ch. 39, § 1, effective July 15, 2002.

Compiler’s Notes.

This section as enacted (Enact. Acts 1972, ch. 84, § 2, effective July 15, 1982) was codified as KRS 160.297 , was repealed and reenacted by Acts 1990, ch. 476, Part V, § 473, effective July 13, 1990, was amended by 1994, ch. 98, § 6 and was renumbered by the Reviser of Statutes as this section effective July 15, 1994, pursuant to KRS 7.136(1).

160.730. Challenge of contents of record — Procedure.

  1. Parents or eligible students may challenge the content of a student record to ensure that the record or report is not inaccurate, misleading, or otherwise in violation of privacy or other rights of the student. The right to challenge shall also provide the opportunity for rebuttal to, and the correction, deletion, or expunction of, any inaccurate, misleading, or inappropriate information.
  2. A challenge to the record may take the form of an informal discussion among the parents, student, and school officials. Any agreement between these parties shall be reduced in writing, signed by all parties, and placed in the student’s records. If no agreement can be reached, either party may request a formal hearing to the challenge which shall be conducted in accordance with procedures established by rules and regulations of the Department of Education and the Council on Postsecondary Education for educational institutions under their jurisdiction. The rules and regulations shall provide that a formal hearing be conducted within a reasonable time after the request for a hearing; and an official of the educational institution who has no direct interest in the outcome of the challenge shall conduct the hearing and render a decision on the challenge within a reasonable time after the hearing. All parties to the challenge shall be afforded a full and fair opportunity to present evidence relevant to the issues raised. Furthermore, school officials shall take the necessary action to implement the decision.

History. Enact. Acts 1994, ch. 98, § 7, effective July 15, 1994; 1997 (1st Ex. Sess.), ch. 1, § 64, effective May 30, 1997.

Penalties

160.990. Penalties.

  1. Any person who violates any of the provisions of KRS 160.250 shall be fined not more than two hundred dollars ($200).
  2. Any person who violates any of the provisions of KRS 160.300 shall be fined not less than ten ($10) nor more than fifty dollars ($50).
  3. Any superintendent who violates any of the provisions of KRS 160.350 to 160.400 shall be fined not less than one hundred ($100) nor more than one thousand dollars ($1,000) for each offense, and the violation is grounds for revocation of his certificate.
  4. Any person who violates any of the provisions of KRS 160.550 shall be fined not less than fifty ($50) nor more than one hundred dollars ($100), and shall be subject to removal from office.
  5. The Kentucky Board of Education may withhold funds allotted under KRS 157.350 from any local district which violates KRS 160.380(5) in the amount of one thousand dollars ($1,000) per violation.
  6. In addition to penalties listed in this section, any local district which violates KRS 160.380(5) shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

History. 4399-25, 4399-34, 4399-36, 4399-45, 4399-55; amend. Acts 1988, ch. 345, § 7, effective July 15, 1988; 1990, ch. 476, Pt. II, § 86, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2012, ch. 61, § 3, effective July 12, 2012; 2019 ch. 31, § 4, effective June 27, 2019.

Compiler’s Notes.

The reference to State Board of Elementary and Secondary Education in this section has been changed to Kentucky Board of Education on authority of Acts 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

1. Prior Written Approval.

KRS 160.550(2), the “prior written approval” statute, does not provide an independent basis for removing school board members from office under subsection (4) of this section. Hale v. Combs, 30 S.W.3d 146, 2000 Ky. LEXIS 121 ( Ky. 2000 ).

Cited:

White v. Board of Education, 263 Ky. 91 , 91 S.W.2d 539, 1936 Ky. LEXIS 123 ( Ky. 1936 ).

160.991. Accepting bribe for employment of school employee. [Repealed.]

Compiler’s Notes.

This section (4399-58) which was formerly compiled as KRS 160.600 , was renumbered, and was repealed by Acts 1974, ch. 406, § 336, effective January 1, 1975.

CHAPTER 161 School Employees — Teachers’ Retirement and Tenure

Certification of School Employees

161.010. Definitions for KRS 161.020 to 161.134.

As used in KRS 161.020 to 161.134 :

  1. “College or university work of graduate grade” means academic preparation which extends beyond the usual four (4) year program of undergraduate studies leading to a bachelor’s degree and which is completed at a college or university accredited for the graduate level;
  2. “Continuing education” means study or other activities to provide professional improvement and personal growth for certified teachers throughout their career. It may include, but shall not be limited to, university courses, an advanced degree, or a combination of field-based experience, individual research, and approved professional development activities, pursuant to KRS 156.095 ;
  3. “Professional certificate” means the document issued to an applicant upon completion of an approved program of preparation, recommendation by the educator preparation provider, and successful completion of the assessments in the area in which certification is being sought, and if applicable, successful completion of any internship requirements, unless otherwise waived under KRS 161.030 based on preparation and experience completed outside of Kentucky;
  4. “Provisional certificate” means the document issued to an individual prior to the issuance of a professional certificate;
  5. “Standard college or university” means an institution accredited by the Southern Association of Colleges and Schools or by one of the other recognized regional accrediting agencies or by the Education Professional Standards Board;
  6. “Student teacher” means an adult who has completed the prerequisite teacher preparation as prescribed by the accredited teacher education institution in which he or she is enrolled, and who is jointly assigned by the institution and a local school district to engage in a period of practice teaching under the direction and supervision of the administrative and teaching staff of the school district and the institution; and
  7. “Teacher’s aide” means an adult school employee who works under the direction of the professional administrative and teaching staff in performing, within the limitations of his or her training and competency, certain instructional and noninstructional functions in the school program including, but not limited to, clerical duties, tutoring individual pupils, leading pupils in recreational activities, conducting pupils from place to place, assisting with classroom instruction as directed by the teacher, aiding the school librarian, and preparing and organizing instructional materials and equipment.

HISTORY: 4502-2; amend. Acts 1972, ch. 178, § 1; 1978, ch. 55, § 1, effective June 17, 1978; 1985 (1st Ex. Sess.), ch. 10, § 38, effective October 18, 1985; 1988, ch. 38, § 1, effective July 15, 1988; 1990, ch. 476, Pt. II, § 53, effective July 13, 1990; 1996, ch. 298, § 2, effective July 15, 1996; 2001, ch. 137, § 5, effective June 21, 2001; 2017 ch. 14, § 1, effective June 29, 2017.

NOTES TO DECISIONS

1. Limited or Continuing Contract.

Under Teachers’ Tenure Act the county board of education could enter into a limited or continuing contract with teacher. Beverly v. Highfield, 307 Ky. 179 , 209 S.W.2d 739, 1948 Ky. LEXIS 682 ( Ky. 1948 ).

Opinions of Attorney General.

Although conservation officers cannot act as teachers, they may act as guest lecturers on conservation without being licensed as teachers if a certified teacher remains in the classroom and maintains control of the class. OAG 63-37 .

A student teacher may not legally take charge of a classroom in the absence of the regular teacher. OAG 63-269 .

In view of the description of duties and definition of “paraprofessional” and “teacher aide” given in subsections (6) and (7) (definition of “paraprofessional” has been deleted and see now (5) for definition of “teacher’s aide”) of this section, and the fact that KRS 161.044(1), (2), and (3) refer to such persons performing “supplementary instructional and noninstructional activities with pupils,” and that while reference is made to “provisions established by the State Board of Education,” such regulations have not been prepared and adopted, it would appear that a teacher’s aide cannot conduct a class, even with a teacher present. OAG 73-206 .

Since the State Board of Education has adopted regulations relating to paraprofessional personnel (704 KAR 15:080), a local board of education could prepare a job description outlining the duties of a paraprofessional which would include some limited teaching responsibilities if the paraprofessional held a valid and appropriate teaching certificate; however, the instructional assistance of a paraprofessional with a teaching certificate may not be permitted to supplant the day to day teaching responsibilities of the regular classroom teacher. OAG 76-555 .

Research References and Practice Aids

Cross-References.

Conduct of schools, KRS Ch. 158.

Education of the physically handicapped, KRS Ch. 167.

Instructional leader’s certification, KRS 156.101 .

Legal notices, KRS Ch. 424.

Military leave, annual, KRS 61.396 .

School districts, KRS Ch. 160.

School property and buildings, KRS Ch. 162.

161.011. Definitions of “classified employee” and “seniority” — Job classifications and minimum qualifications — Requirement of written contracts and written personnel policies — Reduction in force — Registry of vacant classified employee positions and training — Review of local board policies by Department of Education.

    1. “Classified employee” means an employee of a local district who is not required to have certification for his position as provided in KRS 161.020 ; and (1) (a) “Classified employee” means an employee of a local district who is not required to have certification for his position as provided in KRS 161.020 ; and
    2. “Seniority” means total continuous months of service in the local school district, including all approved paid and unpaid leave.
  1. The commissioner of education shall establish by January, 1992, job classifications and minimum qualifications for local district classified employment positions which shall be effective July 1, 1992. After June 30, 1992, no person shall be eligible to be a classified employee or receive salary for services rendered in that position unless he holds the qualifications for the position as established by the commissioner of education.
  2. No person who is initially hired after July 13, 1990, shall be eligible to hold the position of a classified employee or receive salary for services rendered in such position, unless he holds at least a high school diploma or high school certificate of completion or High School Equivalency Diploma, or he shows progress toward obtaining a High School Equivalency Diploma. To show progress toward obtaining a High School Equivalency Diploma, a person shall be enrolled in a High School Equivalency Diploma program and be progressing satisfactorily through the program, as defined by administrative regulations promulgated by the Education and Workforce Development Cabinet.
  3. Local school districts shall encourage classified employees who were initially hired before July 13, 1990, and who do not have a high school diploma or a High School Equivalency Diploma to enroll in a program to obtain a High School Equivalency Diploma.
  4. Local districts shall enter into written contracts with classified employees. Contracts with classified employees shall be renewed annually except contracts with the following employees:
    1. An employee who has not completed four (4) years of continuous active service, upon written notice which is provided or mailed to the employee by the superintendent, no later than May 15, that the contract will not be renewed for the subsequent school year. Upon written request by the employee, within ten (10) days of the receipt of the notice of nonrenewal, the superintendent shall provide, in a timely manner, written reasons for the nonrenewal.
    2. An employee who has completed four (4) years of continuous active service, upon written notice which is provided or mailed to the employee by the superintendent, no later than May 15, that the contract is not being renewed due to one (1) or more of the reasons described in subsection (7) of this section. Upon written request within ten (10) days of the receipt of the notice of nonrenewal, the employee shall be provided with a specific and complete written statement of the grounds upon which the nonrenewal is based. The employee shall have ten (10) days to respond in writing to the grounds for nonrenewal.
  5. Local districts shall provide in contracts with classified employees of family resource and youth services centers the same rate of salary adjustment as provided for other local board of education employees in the same classification.
  6. Nothing in this section shall prevent a superintendent from terminating a classified employee for incompetency, neglect of duty, insubordination, inefficiency, misconduct, immorality, or other reasonable grounds which are specifically contained in board policy.
  7. The superintendent shall have full authority to make a reduction in force due to reductions in funding, enrollment, or changes in the district or school boundaries, or other compelling reasons as determined by the superintendent.
    1. When a reduction of force is necessary, the superintendent shall, within each job classification affected, reduce classified employees on the basis of seniority and qualifications with those employees who have less than four (4) years of continuous active service being reduced first.
    2. If it becomes necessary to reduce employees who have more than four (4) years of continuous active service, the superintendent shall make reductions based upon seniority and qualifications within each job classification affected.
    3. Employees with more than four (4) years of continuous active service shall have the right of recall positions if positions become available for which they are qualified. Recall shall be done according to seniority with restoration of primary benefits, including all accumulated sick leave and appropriate rank and step on the current salary schedule based on the total number of years of service in the district.
  8. Local school boards shall develop and provide to all classified employees written policies which shall include but not be limited to:
    1. Terms and conditions of employment;
    2. Identification and documentation of fringe benefits, employee rights, and procedures for the reduction or laying off of employees; and
    3. Discipline guidelines and procedures that satisfy due process requirements.
  9. Local school boards shall maintain a registry of all vacant classified employee positions that is available for public inspection in a location determined by the superintendent and make copies available at cost to interested parties. If financially feasible, local school boards may provide training opportunities for classified employees focusing on topics to include but not be limited to suicide prevention, abuse recognition, and cardiopulmonary resuscitation (CPR). If suicide prevention training is offered it may be accomplished through self-study review of suicide prevention materials.
  10. The evaluation of the local board policies required for classified personnel as set out in this section shall be subject to review by the Department of Education while it is conducting district management audits pursuant to KRS 158.785 .

History. Enact. Acts 1988, ch. 388, § 1, effective July 15, 1988; 1990, ch. 476, Pt. II, § 54, effective July 13, 1990; 1994, ch. 25, § 1, effective July 15, 1994; 1998, ch. 590, § 1, effective April 14, 1998; 2000, ch. 271, § 2, effective March 31, 2000; 2002, ch. 5, § 1, effective July 15, 2002; 2003, ch. 29, § 21, effective June 24, 2003; 2006, ch. 211, § 90, effective July 12, 2006; 2008, ch. 113, § 6, effective April 14, 2008; 2010, ch. 136, § 2, effective July 15, 2010; 2017 ch. 63, § 18, effective June 29, 2017; 2019 ch. 146, § 30, effective June 27, 2019.

Legislative Research Commission Notes.

(7/15/2010). The amendments made to this section by 2010 Ky. Acts ch. 136 shall be known as the “Make a Difference for Kids Act of 2010.”

(7/5/2001). Previous references to “subsection (6) of this section” in subsection (5)(b) of this statute were not changed to “subsection (7)” when the subsections renumbered in 2000 Ky. Acts ch. 271, sec. 2. It is clear from the context that this should have been done but was inadvertently overlooked. This omission has been corrected by the Reviser of Statutes under KRS 7.136(1)(e) and (h).

NOTES TO DECISIONS

  1. Due Process and Policy Procedures.
  2. Due Process When Termination Is for Cause.
  3. Reasons for Nonrenewal.
  4. Seniority Requirements.
1. Due Process and Policy Procedures.

Where under defendant school district’s policy, developed under KRS 161.011(9)(c), plaintiff former employee was provided an abbreviated pre-termination meeting to present his side of the story, but was not afforded a post-termination hearing, the employee was not required to plead or prove the inadequacy of post-termination state-law remedies under 42 USCS § 1983, and thus, the District Court erred in granting summary judgment to the school district on the employee’s claim of a deprivation of due process. Mitchell v. Fankhauser, 375 F.3d 477, 2004 FED App. 0225P, 2004 U.S. App. LEXIS 14383 (6th Cir. Ky. 2004 ).

2. Due Process When Termination Is for Cause.

Where under defendant school district’s policy, plaintiff former employee was provided an abbreviated pre-termination meeting to present his side of the story as to whether he should be fired for “cause” under KRS 161.011(5), (7), for allegedly stealing school property, but was not afforded a post-termination hearing, the employee was not required to plead or prove the inadequacy of post-termination state-law remedies under 42 USCS § 1983, and thus, the District ]ourt erred in granting summary judgment to the school district on the employee’s claim of a deprivation of due process. Mitchell v. Fankhauser, 375 F.3d 477, 2004 FED App. 0225P, 2004 U.S. App. LEXIS 14383 (6th Cir. Ky. 2004 ).

3. Reasons for Nonrenewal.

Even if a school employee had presented a claim pursuant to KRS 161.011(5)(a), her claim could not succeed because the plain language of the statute provided that after receipt of the letter stating that her contract would not be renewed, she had 10 days within which to request written reasons for nonrenewal; because she did not submit a written request for a statement of reasons within 10 days from her receipt of the termination letter, thus she had no cause of action. Cornett v. Byrd, 2007 U.S. Dist. LEXIS 18054 (E.D. Ky. Mar. 14, 2007).

4. Seniority Requirements.

When a school district consolidated two schools into one, resulting in a decrease in an employee’s compensation and responsibilities, the seniority requirements of KRS 161.011(8) did not apply because (1) the school district did not reduce the district’s total number of employees, and (2) a “reduction in force” did not include a transfer within the employee’s employment. Webb v. Meyer, 406 S.W.3d 444, 2013 Ky. LEXIS 364 ( Ky. 2013 ).

Employee did not show a job as a family literacy instructor made the employee a “certified employee,” under KRS 161.020 , rather than a “classified employee” because (1) the job did not require a certificate from the Education Professional Standards Board as a condition precedent to employment, and (2) the fact the employee had a certificate and the job included instruction did not make the employee a “certified employee.” Spalding v. Marion County Bd. of Educ., 452 S.W.3d 611, 2014 Ky. App. LEXIS 71 (Ky. Ct. App. 2014).

Cited in

Dep't for Cmty. Based Servs., Cabinet for Health & Family Servs. v. Baker, 2020 Ky. LEXIS 459 (Ky. Dec. 17, 2020).

Opinions of Attorney General.

Anyone employed as a bus driver or cook initially before or on July 13, 1990, does not need a high school diploma or GED certificate; anyone initially employed after that date may satisfy the requirement by enrolling in a GED program and proceeding under the schedule for satisfactory progress set by the Board of Adult, Vocational Education and Vocational Rehabilitation (now Department for Adult Education and Literacy). OAG 90-103 .

“Certified employee” means teacher, principal, superintendent, director of pupil personnel, and any employee who supervises any such employee or who has any type of responsibility for instruction or teaching of pupils; school bus drivers and cooks are not “certified employees” and therefore are “classified employees.” OAG 90-103 .

The opinion in OAG 92-133 is overruled since the 1994 General Assembly enacted House Bill 50 (Enact. Acts 1994, ch. 25) which provides local school boards with the authority to adopt a seniority policy for classified employees. OAG 94-37 .

Because classified public school employee have no statutory post-termination remedy, local school boards should enact policies pursuant to KRS 161.011(9)(c) implementing due process hearing procedures applicable to classified employees prior to termination. Minimum standards of due process require reasonable notice of hearing, right to appear and produce evidence, right to call witnesses and conduct cross-examination, right to counsel, impartial decision-maker, and statement of basis for decision. OAG 2005-06 .

Research References and Practice Aids

Kentucky Bench & Bar.

Education Law: Hiring and Termination Issues, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 17.

Schoening & Guilfoyle, The Legal Implications of a Reduction in Force, Vol. 74, No. 4, July 2010, Ky. Bench & Bar 12.

161.017. Executive director of Education Professional Standards Board.

  1. The Education Professional Standards Board, established in KRS 161.028 , shall be headed by an executive director who shall be responsible for the day to day operations of the board including the following:
    1. Setting up appropriate organizational structures and personnel policies for approval by the board;
    2. Appointing all staff, including the deputy executive director;
    3. Preparing annual reports on the board’s program of work;
    4. Carrying out policy and program directives of the board;
    5. Preparing and submitting to the board for its approval a proposed biennial budget; and
    6. Performing all other duties and responsibilities assigned by state law.
  2. When it is necessary to fill the position of executive director, the board shall conduct a comprehensive search for candidates and may employ a search firm if the board deems it necessary. The executive director shall possess broad-based experience in education and teacher development, and have demonstrated leadership skills in addition to other qualifications to be established by the board as authorized in KRS 161.028 .
  3. With approval of the board, the executive director may enter into agreements with any state agency or political subdivision of the state, any postsecondary education institution, or any other person or entity to enlist assistance to implement the duties and responsibilities of the board.
  4. The executive director shall have access to the papers, books, and records of education personnel as part of an inquiry or investigation relating to disciplinary actions against a certified employee.
  5. Pursuant to KRS 161.120 , the executive director, on behalf of the board, may issue administrative subpoenas for the attendance of witnesses and the production of documents relevant to disciplinary cases under consideration. Compliance with the subpoenas shall be enforceable by the Circuit Court in Franklin County.

History. Enact. Acts 2001, ch. 137, § 1, effective June 21, 2001; 2002, ch. 288, § 2, effective July 15, 2002.

161.020. Certificates required of school employees — Filing requirements — Validity and terms for renewal.

    1. No person shall be eligible to hold the position of superintendent, principal, teacher, supervisor, director of pupil personnel, or other public school position for which certificates may be issued, or receive salary for services rendered in the position, unless he or she holds a certificate of legal qualifications for the position, issued by the Education Professional Standards Board. (1) (a) No person shall be eligible to hold the position of superintendent, principal, teacher, supervisor, director of pupil personnel, or other public school position for which certificates may be issued, or receive salary for services rendered in the position, unless he or she holds a certificate of legal qualifications for the position, issued by the Education Professional Standards Board.
    2. No person seeking initial employment as a school finance officer on or after July 1, 2015, shall be eligible to hold the position of school finance officer unless the person holds a certificate of legal qualification for the position, issued by the Kentucky Department of Education.
  1. No person shall enter upon the duties of a position requiring certification qualifications until his or her certificate has been filed or credentials registered with the local district employer.
  2. The validity and terms for the renewal of any certificate shall be determined by the laws and regulations in effect at the time the certificate was issued.

History. 4502-6, 4502-10, 4502-11, 4503-2; amend. Acts 1978, ch. 56, § 1, effective June 17, 1978; 1990, ch. 476, Pt. II, § 55, effective July 13, 1990; 2001, ch. 137, § 6, effective June 21, 2001; 2014, ch. 136, § 4, effective July 15, 2014.

NOTES TO DECISIONS

  1. Limitation or Abolishment of Professional Standing.
  2. Tenure.
  3. Certificate.
  4. — Filing
  5. Minimum Qualifications.
  6. — Date Determined.
  7. — Ineligibility.
  8. — Less Than Four-Year Degree.
  9. Administrator.
  10. Equitable Estoppel.
1. Limitation or Abolishment of Professional Standing.

A certificate of professional standing may be abolished or limited by the legislature. Gullett v. Sparks, 444 S.W.2d 901, 1969 Ky. LEXIS 234 ( Ky. 1969 ).

2. Tenure.

Teacher tenure is statutory and not contractual, and the legislature may abridge or destroy it. Gullett v. Sparks, 444 S.W.2d 901, 1969 Ky. LEXIS 234 ( Ky. 1969 ).

3. Certificate.

The qualification of an applicant as teacher must be determined as of time when he begins to fulfill the contract and not as of date of application, but teacher must hold certificate when he begins to teach. Martin v. Knott County Board of Education, 275 Ky. 483 , 122 S.W.2d 98, 1938 Ky. LEXIS 454 ( Ky. 1938 ).

Summary judgment granted to the school board and the school superintendent was appropriate because the employee could not be paid retroactive pay at a certified teacher’s salary. A teacher was not entitled to be paid as a certified teacher until the teacher had obtained certification pursuant to KRS 161.020 . Springer v. Bullitt County Bd. of Educ., 196 S.W.3d 528, 2006 Ky. App. LEXIS 183 (Ky. Ct. App. 2006).

Employee did not show a job as a family literacy instructor made the employee a “certified employee,” under KRS 161.020 , rather than a “classified employee” because (1) the job did not require a certificate from the Education Professional Standards Board as a condition precedent to employment, and (2) the fact the employee had a certificate and the job included instruction did not make the employee a “certified employee.” Spalding v. Marion County Bd. of Educ., 452 S.W.3d 611, 2014 Ky. App. LEXIS 71 (Ky. Ct. App. 2014).

4. — Filing

A discharged teacher, suing to compel reinstatement, must allege compliance with subsection (2). Bullock v. Brown, 258 Ky. 522 , 80 S.W.2d 593, 1935 Ky. LEXIS 207 ( Ky. 1935 ).

Teacher, whose certificate had expired previous year and who failed to file with school board evidence of his qualification to teach, was not entitled to damages for board’s failure to employ him. Martin v. Knott County Board of Education, 275 Ky. 483 , 122 S.W.2d 98, 1938 Ky. LEXIS 454 ( Ky. 1938 ).

5. Minimum Qualifications.

Boards of education may establish minimum qualifications for teachers higher than those required by statute. Board of Education v. Messer, 257 Ky. 836 , 79 S.W.2d 224, 1935 Ky. LEXIS 96 ( Ky. 1935 ).

6. — Date Determined.

The qualification to teach is to be determined as of the day an applicant is to begin teaching, and not as of the date of application for the position. Reynolds v. Spurlock, 257 Ky. 582 , 78 S.W.2d 787, 1935 Ky. LEXIS 60 ( Ky. 1935 ). See Swinford v. Chasteen, 261 Ky. 249 , 87 S.W.2d 373, 1935 Ky. LEXIS 623 ( Ky. 1935 ); Cottongim v. Stewart, 277 Ky. 706 , 127 S.W.2d 149, 1939 Ky. LEXIS 716 ( Ky. 1939 ).

7. — Ineligibility.

Where minor was ineligible to be teacher because she held no certificate and failed to qualify for same under former KRS 161.040 , she was a volunteer and entitled to no salary for the period prior to her eighteenth birthday. Floyd County Board of Education v. Slone, 307 S.W.2d 912, 1957 Ky. LEXIS 119 ( Ky. 1957 ).

8. — Less Than Four-Year Degree.

The General Assembly has the power to provide that teachers with less qualification than a four-year degree shall receive only a minimum salary and the fact that the motive of such a provision might be to make teaching so economically unattractive as to discourage the less-qualified teachers from continuing in service does not make the provision unfair. Gullett v. Sparks, 444 S.W.2d 901, 1969 Ky. LEXIS 234 ( Ky. 1969 ).

9. Administrator.

An administrator is one who (1) holds a position categorized as an administrative position pursuant to KRS 161.720(8) or pursuant to approval by the State Board of Education of the position as a certified administrative position; and (2) is duly certified by the State Board of Education as an administrator. Petett v. Board of Education, 684 S.W.2d 7, 1984 Ky. App. LEXIS 529 (Ky. Ct. App. 1984).

10. Equitable Estoppel.

It was error to grant summary judgment dismissing an employee’s claim that a school board (board) was equitably estopped from claiming the employee was not a “certified employee” because there was a genuine issue of material fact as to whether the board’s conduct during the employee’s employment led the employee to reasonably believe the employee was a “certified employee,” given various representations that the employee was such an employee. Spalding v. Marion County Bd. of Educ., 452 S.W.3d 611, 2014 Ky. App. LEXIS 71 (Ky. Ct. App. 2014).

Opinions of Attorney General.

A school psychologist does not fall within the group of school personnel excluded from the provisions of KRS Ch. 319 by KRS 319.015(4) and consequently, an individual may not be employed as a school psychologist without being a licensed psychologist pursuant to the provisions of that chapter. OAG 67-180 .

Since a school district is a public agency under the Open Records Law and the certificates required by this section are public records as defined in KRS 61.870(2), denial of a request to inspect certificates required by this section to be filed with the board of education was improper under the Open Records Law, except that information, if any, on the certificates of a personal nature, such as social security numbers, home addresses and telephone numbers, need not be released. OAG 85-109 .

Notwithstanding the apparent legislative intent of this section to make the revocation of any instructional leader’s certificate contingent upon laws then in force, KRS 156.101 clearly controls revocation of an instructional leader’s certificate; therefore a certificate of an instructional leader may be revoked for failure to obtain the hours of intensive training required by KRS 156.101 . All instructional leaders, including those who received a certificate prior to the effective date of the statute, are required to comply with KRS 156.101. OAG 88-37 .

The legislative purpose of the instructional leadership program, set forth in subsection (1) of KRS 156.101 , was to develop a program which would result in improvement in the quality of performance of principals, assistant principals, supervisors of instruction, guidance counselors or directors of special education. Practically, this prescribed program of improvement could not be effective if it did not supersede this section. OAG 88-37 .

The requirement of subsection (3) of this section, that certificates be considered pursuant to the application of the laws which were in effect at the time of the granting of the certificate, is not in harmony with the instructional leadership program. Therefore, subsection (3) of this section is controlling except when an instructional leader fails to comply with the instructional leader improvement program. At such time, the state board may exercise its power of revocation granted by subsection (4) of KRS 156.101 . OAG 88-37 .

“Certified employee” means teacher, principal, superintendent, director of pupil personnel, and any employee who supervises any such employee or who has any type of responsibility for instruction or teaching of pupils; school bus drivers and cooks are not “certified employees” and therefore are “classified employees.” OAG 90-103 .

The Cabinet for Workforce Development was directed to release the employment applications and resumes of the named employees of a state vocational-technical school, after separating or otherwise masking any information of a personal nature which appeared on those documents, including the employees’ home addresses, social security numbers, and medical information; if the employees’ teaching certificates were contained in the file, they too should have been released. OAG 92-59 .

Research References and Practice Aids

Kentucky Bench & Bar.

Brooks, Disciplinary Action Against School Teachers, Vol. 42, No. 4, Fall 1995, Ky. Bench & Bar 6.

161.025. Kentucky council on teacher education and certification created — Membership — Terms — Duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 248, § 2; 1978, ch. 155, § 101, effective June 17, 1978) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

161.027. Preparation program for principals — Assessment and internship requirements.

  1. The Education Professional Standards Board, pursuant to KRS 161.028 , shall by administrative regulation establish requirements for a preparation program in institutions of higher education for all new applicants for principal certification and establish criteria for admission to the program.
  2. The Education Professional Standards Board and the Council on Postsecondary Education shall evaluate the preparation programs for principals and maintain only those institutional programs that can demonstrate both the quality and the capability to enroll adequate numbers of students to justify the resources necessary for maintenance of a quality program.
  3. The Education Professional Standards Board shall develop or select appropriate assessments for applicants seeking certification as principals, including an assessment of the ability to apply knowledge, instructional leadership, management, and supervision skills.
  4. The Education Professional Standards Board shall establish the minimum score for successful completion of assessments and shall establish a reasonable fee to be charged applicants for the actual cost of administration of the assessments. The Education Professional Standards Board shall provide for confidentiality of assessment scores.
  5. The Education Professional Standards Board shall develop an internship program which shall provide for the supervision, assistance, and assessment of beginning principals and assistant principals. The internship shall not be required of applicants who have completed, within a ten (10) year period prior to making application, at least two (2) years of successful experience as a principal in a school situation. The Education Professional Standards Board, by administrative regulation, shall establish the internship program.
  6. The certification of principals shall require the successful completion of the examinations required by subsection (3) of this section. A one (1) year certificate may be given to a person who has:
    1. A comparable certificate from another state; or
    2. All other qualifications except the assessments and is selected as a principal or assistant principal in a district where the superintendent certifies to the Education Professional Standards Board that there is a limited number of applicants to meet the requirements.
  7. Upon successful completion of the approved preparation program and the assessments, the Education Professional Standards Board shall issue to the applicant a statement of eligibility for internship valid for five (5) years. If the applicant does not participate in an internship program within the five (5) year period, the applicant shall reestablish eligibility by repeating and passing the assessments in effect at that time or by completing a minimum of six (6) graduate hours, directly related to instructional leadership, management, or supervision, at a regionally or nationally accredited institution. The option for renewal through completion of graduate hours shall be available only for the first reestablishment of eligibility. Upon obtaining employment for an internship position as principal or assistant principal within the period of eligibility, the applicant shall be issued the appropriate one (1) year certificate for the position.
  8. All applicants for principal certification, after successfully completing the assessments, shall successfully complete the internship program described in subsection (5) of this section for principal certification. If the principal’s or assistant principal’s internship performance is judged to be less than satisfactory pursuant to administrative regulations developed by the Education Professional Standards Board, the applicant for principal certification shall be provided with an opportunity to repeat the internship one (1) time if the applicant is employed by a school district as a principal or assistant principal.
  9. Following successful completion of the internship program, the principal certificate shall be extended for four (4) years. Renewal of the certificate shall require the completion of a continuing education requirement as prescribed by the Education Professional Standards Board.

Upon successful completion of the assessments, a certificate shall be issued for an additional four (4) years. A person employed in Kentucky as a principal or assistant principal who was certified in another state and practiced in that state for two (2) or more years is exempt from taking the assessment described in subsection (3)(a) of this section.

History. Enact. Acts 1985, (1st Ex. Sess.), ch. 10, § 22, effective October 18, 1985; 1988, ch. 275, § 1, effective April 9, 1988; 1990, ch. 476, Pt. II, § 60, effective July 13, 1990; 1996, ch. 343, § 3, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 65, effective May 30, 1997; 1998, ch. 362, § 2, effective July 15, 1998; 2005, ch. 111, § 1, effective June 20, 2005; 2020 ch. 113, § 2, effective July 15, 2020.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

161.028. Education Professional Standards Board — Powers and duties regarding the preparation and certification of professional school personnel — Membership.

  1. The Education Professional Standards Board is recognized to be a public body corporate and politic and an agency and instrumentality of the Commonwealth, in the performance of essential governmental functions. The Education Professional Standards Board has the authority and responsibility to:
    1. Establish standards and requirements for obtaining and maintaining a teaching certificate;
    2. Set standards for, approve, and evaluate college, university, and school district programs for the preparation of teachers and other professional school personnel. Program standards shall reflect national standards and shall address, at a minimum, the following:
      1. The alignment of programs with the state’s core content for assessment as defined in KRS 158.6457 ;
      2. Research-based classroom practices, including effective classroom management techniques;
      3. Emphasis on subject matter competency of teacher education students;
      4. Methodologies to meet diverse educational needs of all students;
      5. The consistency and quality of classroom and field experiences, including early practicums and student teaching experiences;
      6. The amount of college-wide or university-wide involvement and support during the preparation as well as the induction of new teachers;
      7. The diversity of faculty;
      8. The effectiveness of partnerships with local school districts; and
      9. The performance of graduates on various measures as determined by the board;
    3. Conduct an annual review of diversity in teacher preparation programs;
    4. Provide assistance to universities and colleges in addressing diversity, which may include researching successful strategies and disseminating the information, encouraging the development of nontraditional avenues of recruitment and providing incentives, waiving administrative regulations when needed, and other assistance as deemed necessary;
    5. Discontinue approval of programs that do not meet standards or whose graduates do not perform according to criteria set by the board;
    6. Issue, renew, revoke, suspend, or refuse to issue or renew; impose probationary or supervisory conditions upon; issue a written reprimand or admonishment; or any combination of actions regarding any certificate;
    7. Develop specific guidelines to follow upon receipt of an allegation of sexual misconduct by an employee certified by the Education Professional Standards Board. The guidelines shall include investigation, inquiry, and hearing procedures which ensure the process does not revictimize the alleged victim or cause harm if an employee is falsely accused;
    8. Receive, along with investigators hired by the Education Professional Standards Board, training on the dynamics of sexual misconduct of professionals, including the nature of this abuse of authority, characteristics of the offender, the impact on the victim, the possibility and the impact of false accusations, investigative procedures in sex offense cases, and effective intervention with victims and offenders;
    9. Recommend to the Kentucky Board of Education the essential data elements relating to teacher preparation and certification, teacher supply and demand, teacher attrition, teacher diversity, and employment trends to be included in a state comprehensive data and information system and periodically report data to the Interim Joint Committee on Education;
    10. Submit reports to the Governor and the Legislative Research Commission and inform the public on the status of teaching in Kentucky;
    11. Devise a credentialing system that provides alternative routes to gaining certification and greater flexibility in staffing local schools while maintaining standards for teacher competence;
    12. Develop a professional code of ethics;
    13. Set the qualifications and salary for the positions of executive director and deputy executive director to the board, notwithstanding the provisions of KRS 64.640 ;
    14. Recruit, select, employ and evaluate the executive director to the board;
    15. Approve employment procedures for the employment of policy level staff, subject to the provisions of KRS 12.050 ;
    16. Approve the biennial budget request;
    17. Charge reasonable fees for the issuance, reissuance, and renewal of certificates that are established by administrative regulation. The proceeds shall be used to meet a portion of the costs of the issuance, reissuance, and renewal of certificates, and the costs associated with disciplinary action against a certificate holder under KRS 161.120 ;
    18. Waive a requirement that may be established in an administrative regulation promulgated by the board. A request for a waiver shall be submitted to the board, in writing, by an applicant for certification, a postsecondary institution, or a superintendent of a local school district, with appropriate justification for the waiver. The board may approve the request if the person or institution seeking the waiver has demonstrated extraordinary circumstances justifying the waiver. Any waiver granted under this subsection shall be subject to revocation if the person or institution falsifies information or subsequently fails to meet the intent of the waiver;
    19. Promote the development of one (1) or more innovative, nontraditional or alternative administrator or teacher preparation programs through public or private colleges or universities, private contractors, the Department of Education, or the Kentucky Commonwealth Virtual University and waive administrative regulations if needed in order to implement the program;
    20. Grant approval, if appropriate, of a university’s request for an alternative program that enrolls an administrator candidate in a postbaccalaureate administrator preparation program concurrently with employment as an assistant principal, principal, assistant superintendent, or superintendent in a local school district. An administrator candidate in the alternative program shall be granted a temporary provisional certificate and shall be a candidate in the Kentucky Principal Internship Program, notwithstanding provisions of KRS 161.030 , or the Superintendent’s Assessment process, notwithstanding provisions of KRS 156.111 , as appropriate. The temporary certificate shall be valid for a maximum of two (2) years, and shall be contingent upon the candidate’s continued enrollment in the preparation program and compliance with all requirements established by the board. A professional certificate shall be issued upon the candidate’s successful completion of the program, internship requirements, and assessments as required by the board;
    21. Employ consultants as needed;
    22. Enter into contracts. Disbursements to professional educators who receive less than one thousand dollars ($1,000) in compensation per fiscal year from the board for serving on an assessment validation panel or as a test scorer or proctor shall not be subject to KRS 45A.690 to 45A.725 ;
    23. Sponsor studies, conduct research, conduct conferences, and publish information as appropriate; and
    24. Issue orders as necessary in any administrative action before the board.
    1. The board shall be composed of seventeen (17) members. The commissioner of education and the president of the Council on Postsecondary Education, or their designees, shall serve as ex officio voting members. The Governor shall make the following fifteen (15) appointments: (2) (a) The board shall be composed of seventeen (17) members. The commissioner of education and the president of the Council on Postsecondary Education, or their designees, shall serve as ex officio voting members. The Governor shall make the following fifteen (15) appointments:
      1. Nine (9) members who shall be teachers representative of elementary, middle or junior high, secondary, special education, and secondary vocational classrooms;
      2. Two (2) members who shall be school administrators, one (1) of whom shall be a school principal;
      3. One (1) member representative of local boards of education; and
      4. Three (3) members representative of postsecondary institutions, two (2) of whom shall be deans of colleges of education at public universities and one (1) of whom shall be the chief academic officer of an independent not-for-profit college or university.
    2. The members appointed by the Governor after June 21, 2001, shall be confirmed by the Senate and the House of Representatives under KRS 11.160 . If the General Assembly is not in session at the time of the appointment, persons appointed shall serve prior to confirmation, but the Governor shall seek the consent of the General Assembly at the next regular session or at an intervening extraordinary session if the matter is included in the call of the General Assembly.
    3. A vacancy on the board shall be filled in the same manner as the original appointment within sixty (60) days after it occurs. A member shall continue to serve until his successor is named. Any member who, through change of employment status or residence, or for other reasons, no longer meets the criteria for the position to which he was appointed shall no longer be eligible to serve in that position.
    4. Members of the board shall serve without compensation but shall be permitted to attend board meetings and perform other board business without loss of income or other benefits.
    5. A state agency or any political subdivision of the state, including a school district, required to hire a substitute for a member of the board who is absent from the member’s place of employment while performing board business shall be reimbursed by the board for the actual amount of any costs incurred.
    6. A chairman shall be elected by and from the membership. A member shall be eligible to serve no more than three (3) one (1) year terms in succession as chairman. The executive director shall keep records of proceedings. Regular meetings shall be held at least semiannually on call of the chairman.
    7. To carry out the functions relating to its duties and responsibilities, the board is empowered to receive donations and grants of funds; to appoint consultants as needed; and to sponsor studies, conduct conferences, and publish information.

History. Enact. Acts 1990, ch. 476, Pt. II, § 56, effective July 13, 1990; 1994, ch. 265, § 1, effective July 15, 1994; 1994, ch. 470, § 1, effective July 15, 1994; 1996, ch. 107, § 1, effective July 15, 1996; 1996, ch. 343, § 4, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 66, effective May 30, 1997; 1998, ch. 362, § 3, effective July 15, 1998; 2000, ch. 527, § 15, effective July 14, 2000; 2001, ch. 137, § 7, effective June 21, 2001; 2002, ch. 288, § 3, effective July 15, 2002; 2004, ch. 117, § 2, effective July 13, 2004.

NOTES TO DECISIONS

Cited in:

Commonwealth ex rel. Beshear v. Bevin, 575 S.W.3d 673, 2019 Ky. LEXIS 214 ( Ky. 2019 ); Commonwealth ex rel. Beshear v. Bevin, 575 S.W.3d 673, 2019 Ky. LEXIS 214 ( Ky. 2019 ).

Opinions of Attorney General.

The Educational Professional Standards Board (EPSB) lacks the authority to delegate the holding of a revocation hearing, as found in KRS 161.120 , to a hearing officer. Nowhere in the statutory sections dealing with the board is there any authority for such a delegation of power, and therefore, based upon the lack of authority granted to the EPSB under their statutes, the board must be physically present to “hear” the evidence introduced during a hearing. Of course, a hearing officer may assist the Board during and following the hearing. OAG 91-37 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, D, 10, (2) at 1066.

Kentucky Bench & Bar.

Brooks, Disciplinary Action Against School Teachers, Vol. 42, No. 4, Fall 1995, Ky. Bench & Bar 6.

Northern Kentucky Law Review.

Kentucky Law Survey: Education,29 N. Ky. L. Rev. 115 (2002).

161.030. Certification authority — Assessments of beginning teachers and teachers seeking additional certification — Conditional certificates — Temporary certificates — Internship — Beginning teacher committee — Resource teachers.

  1. Notwithstanding the age of the pupil, the certification of all teachers and other school personnel, in public schools only, is vested in the Education Professional Standards Board. When so certified, teachers and other school personnel shall not be required to have licensure, certification, or other forms of approval from any other state agency for the performance of their respective assignments within the common schools, except as provided for by law. All certificates authorized under KRS 161.010 to 161.126 shall be issued in accordance with the administrative regulations of the Education Professional Standards Board. After July 15, 1994, all certificate applications and other data collection instruments of the board shall include a request for voluntary information about the applicant’s ethnic background. This information shall be available to help local school districts locate minority candidates. A person who holds a certificate prior to this requirement may request that ethnic information be added to his or her file. Nothing in this section shall preclude the right of an individual in a nonpublic school from seeking voluntary certification by the Education Professional Standards Board.
  2. Certificates shall be issued upon written application and in accordance with statutes and regulations in effect at the time of application to persons who have completed, at colleges, universities, or local school district programs approved by the Education Professional Standards Board for the preparation of teachers and other school personnel, the curricula prescribed by the administrative regulations of the Education Professional Standards Board.
    1. Certification of all new teachers and teachers seeking additional certification shall require the successful completion of appropriate assessments prior to certification. The assessments shall be selected by the Education Professional Standards Board and shall measure knowledge in the specific teaching field of the applicant, including content of the field and teaching of that content. The Education Professional Standards Board shall determine the minimum acceptable level of achievement on each assessment. The assessments shall measure those concepts, ideas, and facts which are being taught in teacher education programs in Kentucky. Upon successful completion of the assessments and the approved teacher preparation program, a certificate valid for one (1) year shall be issued. (3) (a) Certification of all new teachers and teachers seeking additional certification shall require the successful completion of appropriate assessments prior to certification. The assessments shall be selected by the Education Professional Standards Board and shall measure knowledge in the specific teaching field of the applicant, including content of the field and teaching of that content. The Education Professional Standards Board shall determine the minimum acceptable level of achievement on each assessment. The assessments shall measure those concepts, ideas, and facts which are being taught in teacher education programs in Kentucky. Upon successful completion of the assessments and the approved teacher preparation program, a certificate valid for one (1) year shall be issued.
    2. If an applicant for teacher certification has completed the approved teacher preparation program and has taken but failed to successfully complete the appropriate assessments selected by the Education Professional Standards Board, a conditional certificate may be issued for a period not to exceed one (1) year, if the employing school district, in collaboration with the teacher education institution, agrees to provide technical assistance and mentoring support to the conditionally certified teacher. The teacher shall retake the assessments during the validity period of the conditional certificate. The conditional certificate shall not be reissued. Upon successful completion of the required assessments, a certificate valid for one (1) year shall be issued and the teacher shall be eligible to participate in the internship program as provided in subsection (5) of this section. The teacher shall not be eligible to participate in the internship program while teaching on the conditional certificate. The Education Professional Standards Board shall promulgate administrative regulations to establish the standards and procedures for issuance of the conditional certificate.
    3. If an out-of-state teacher with less than two (2) years’ experience comes to Kentucky after the deadline for taking the assessments, a temporary certificate may be issued for a period up to six (6) months provided the local board cannot fill the vacant position with a certified teacher. The teacher shall take the assessments if they are administered during the period of the temporary certificate. The certificate shall be extended for the remainder of the year if the teacher successfully completes the assessments. If the teacher fails the assessments, the temporary certificate shall be valid only for the current semester.
  3. A reasonable fee to be paid by the teacher and directly related to the actual cost of the administration of the assessments shall be established by the Education Professional Standards Board. Provisions shall be made for persons having less than minimum levels of performance on any assessment to repeat that assessment, and candidates shall be informed of their strengths and weaknesses in the specific performance areas. The Education Professional Standards Board shall provide for confidentiality of the individual assessment scores. Scores shall be available only to the candidate and to the education officials who are responsible for determining whether established certification standards have been met. Scores shall be used only in the assessment for certification of new teachers and of out-of-state teachers with less than two (2) years of teaching experience who are seeking initial certification in Kentucky.
  4. Except as provided in subsection (3)(b) of this section, all new teachers and out-of-state teachers with less than two (2) years of successful teaching experience who are seeking initial certification in Kentucky shall serve a one (1) year internship. The teacher shall be a full-time employee or shall have an annual contract and serve on at least a half-time basis and shall have supervision, assistance, and assessment during the one (1) year internship. The internship may be served in a public school or a nonpublic school which meets the state performance standards as established in KRS 156.160 or which has been accredited by a regional or national accrediting association. Successful completion shall be determined by a majority vote of the beginning teacher committee. The internship period shall be counted as experience for the purpose of continuing contract status, retirement eligibility, and benefits for single salary experience increments. Upon successful completion of the beginning teacher program, the one (1) year initial teaching certificate shall be extended for the remainder of the usual duration period established for that particular certificate by Education Professional Standards Board administrative regulations.
  5. The beginning teacher committee shall be composed of three (3) persons who have successfully completed special training in the supervision and assessment of the performance of beginning teachers as provided in subsection (8) of this section, except as provided in paragraph (g) of this subsection. The committee shall consist of a resource teacher, the school principal of the school where the internship is served, and a teacher educator appointed by a state-approved teacher training institution.
    1. If more than two (2) teacher interns are employed in the same school, the principal’s responsibility may be shared with an assistant principal who holds certification as a principal.
    2. In unusual situations, the Education Professional Standards Board may permit the assistant principal to serve in lieu of the principal on a beginning teacher committee.
    3. If the teacher training institution is unable to provide a member, the district superintendent shall appoint an instructional supervisor from the school district.
    4. If the intern is teaching in a regionally or nationally accredited nonpublic school without a principal, the person filling the principal member position may have other appropriate qualifications as required by administrative regulations promulgated by the Education Professional Standards Board.
    5. If the teacher training institution is unable to provide a member to serve on the beginning teacher committee in a nonpublic school, the chief officer of the school shall appoint an instructional supervisor or a teacher with like qualifications and responsibilities to serve on the beginning teacher committee in lieu of the teacher educator.
    6. The resource teacher shall be appointed by the Education Professional Standards Board with recommendations from the local school district from a pool of qualified resource teachers, and, any statutes to the contrary notwithstanding and to the extent of available appropriations, shall be entitled to be paid a reasonable stipend by the Education Professional Standards Board for work done outside normal working hours. In the case of a resource teacher in a nonpublic school, payment shall be made directly to the resource teacher by the Education Professional Standards Board. Priority shall be given to resource teachers in the following order, except as provided in paragraph (g) of this subsection:
      1. Teachers with the same certification in the same school;
      2. Teachers with the same certification in the same district;
      3. Teachers in the same school;
      4. Teachers in the same district; and
      5. Teachers in an adjacent school district.
      1. The resource teacher for an individual pursuing initial certification as a baccalaureate level teacher of exceptional children/communication disorders shall be a master’s level teacher of exceptional children/communication disorders, if one is available. (g) 1. The resource teacher for an individual pursuing initial certification as a baccalaureate level teacher of exceptional children/communication disorders shall be a master’s level teacher of exceptional children/communication disorders, if one is available.
      2. If a master’s level teacher of exceptional children/communication disorders is not available, the Education Professional Standards Board may allow a licensed speech-language pathologist to serve on the beginning teacher committee in lieu of a resource teacher.
    7. The committee shall meet with the beginning teacher a minimum of three (3) times per year for evaluation and recommendation with all committee members present. In addition, each member of the committee shall observe the beginning teacher in the classroom a minimum of three (3) times per year. If the teacher’s first year performance is judged by the committee to be less than satisfactory, the teacher shall be provided with an opportunity to repeat the internship one (1) time if the teacher is employed by a school district.
  6. The resource teacher shall spend a minimum of seventy (70) hours working with the beginning teacher. Twenty (20) of these hours shall be in the classroom setting, and fifty (50) of these hours shall be in consultation other than class time or attending assessment meetings. The resource teacher shall have completed at least four (4) years of successful teaching experience as attested to by his or her immediate supervisor or by having achieved tenure and be able to show evidence of continuing professional development by having achieved a master’s degree or its equivalent or the accumulation of two thousand (2,000) hours of continuing professional activities.
  7. By contract with teacher education institutions in the Commonwealth, the Education Professional Standards Board shall provide special training for persons who will be serving on the beginning teacher committees. Completion of special training shall be evidenced by successfully passing the assessments as prescribed by the Education Professional Standards Board. A principal hired after July 15, 1996, shall be required to complete the beginning teacher committee training program within one (1) year after his or her appointment.
  8. If an applicant establishes eligibility for a one (1) year certificate under the provisions of subsection (3)(a) of this section, but does not become employed on the basis needed to satisfy the one (1) year internship requirement, the applicant shall be eligible for the issuance of a certificate for substitute teaching as provided by the administrative regulations of the Education Professional Standards Board. The applicant shall remain eligible for the one (1) year certificate, as provided in subsection (3)(a) of this section, and for the opportunity to serve the internship for a period of five (5) years after establishing eligibility. If the internship is not completed within the five (5) year period, the applicant must reestablish eligibility by repeating and passing the assessment program in effect for new teachers at that time or by completing a minimum of six (6) graduate hours toward completion of a graduate program required by administrative regulations promulgated by the Education Professional Standards Board. The option for renewal through completion of graduate hours shall be available only for the first reestablishment of eligibility.
  9. The Education Professional Standards Board shall approve the curricula of any college or university, or of any department thereof, for the training of teachers, and any nontraditional or alternative teacher preparation program offered in a public or private postsecondary education institution, private contractor, or state agency, and shall also approve the curricula of any local district alternative certification program, when the curricula comply with the administrative regulations of the Education Professional Standards Board for the issuance of certificates and when the institution has met the terms and conditions provided in KRS 161.010 to 161.120 . Any student who has completed any of these curricula, as approved by the Education Professional Standards Board, and who has completed the prescribed requirements for the issuance of certificates shall be granted a certificate corresponding to the curricula completed.

History. 4502-1; amend. Acts 1968, ch. 152, § 117; 1970, ch. 49, § 1; 1972, ch. 248, § 1; 1978, ch. 155, § 102, effective June 17, 1978; 1984, ch. 396, § 1, effective July 13, 1984; 1986, ch. 119, § 1, effective July 13, 1986; 1988, ch. 388, § 2, effective July 15, 1988; 1990, ch. 476, Pt. II, § 57, effective July 13, 1990; 1994, ch. 192, § 2, effective July 15, 1994; 1994, ch. 417, § 1, effective July 15, 1994; 1996, ch. 343, § 5, effective July 15, 1996; 1998, ch. 362, § 4, effective July 15, 1998; 2000, ch. 375, § 3, effective July 14, 2000; 2001, ch. 137, § 8, effective June 21, 2001; 2002, ch. 288, § 1, effective July 15, 2002.

NOTES TO DECISIONS

  1. Nonpublic School Teachers.
  2. Administrator.
1. Nonpublic School Teachers.

It cannot be said as an absolute that a teacher in a nonpublic school who is not certified under subsection (2) of this section will be unable to instruct children to become intelligent citizens; certainly, the receipt of “a bachelor’s degree from a standard college or university” is an indicator of the level of achievement, but it is not a sine qua non the absence of which establishes that private and parochial school teachers are unable to teach their students to intelligently exercise the elective franchise. Kentucky State Board for Elementary & Secondary Education v. Rudasill, 589 S.W.2d 877, 1979 Ky. LEXIS 295 ( Ky. 1979 ), cert. denied, 446 U.S. 938, 100 S. Ct. 2158, 64 L. Ed. 2d 792, 1980 U.S. LEXIS 1592 (U.S. 1980).

2. Administrator.

An administrator is one who (1) holds a position categorized as an administrative position pursuant to KRS 161.720(8), or pursuant to approval by the State Board of Education of the position as a certified administrative position; and (2) is duly certified by the State Board of Education as an administrator. Petett v. Board of Education, 684 S.W.2d 7, 1984 Ky. App. LEXIS 529 (Ky. Ct. App. 1984).

Cited in:

Crawley v. Board of Education, 658 F.2d 450, 1981 U.S. App. LEXIS 18054 (6th Cir. 1981).

Opinions of Attorney General.

Under this section a teacher certified to teach only in a nonpublic school would not be qualified to teach in a public school. OAG 70-355 .

The 1970 amendment to this section was not discriminatory because it established different standards for certification of teachers in public and nonpublic schools. OAG 70-355 .

The provisions of this section as amended in 1972 supersedes and repeals by implication the provisions of KRS 164.020 as to determination of the curricula for teacher education. OAG 72-272 .

The 1986 General Assembly intended to require licensing by the Board of Speech Language Pathology and Audiology of those certified speech language pathologists and audiologists who began teaching or had a certificate issued after August 1, 1986, or who had a master’s degree in such subjects; those persons who were certified by the Department of Education on and prior to August 1, 1986, and who had not obtained a master’s degree in speech language pathology or audiology, or the substantive equivalent, and who render speech language pathology or audiology services exclusively in the public schools were not required to obtain a license from the Board of Speech Language Pathology and Audiology. OAG 87-34 .

A school board may not require principals to be residents of the school district. OAG 01-7 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, D, 10, (2) at 1066.

Kentucky Law Journal.

Comment, Regulation of Fundamentalist Christian Schools: Free Exercise of Religion v. The State's Interest in Quality Education, 67 Ky. L.J. 415 (1978-1979).

Smith, Medical and Psychotherapy Privileges and Confidentiality: On Giving With One Hand and Removing With the Other, 75 Ky. L.J. 473 (1986-87).

161.032. Certification incentive fund — Purpose of grants — Eligibility — Priorities — Forgivable loan incentive — Stipend — Other financial incentives.

    1. There is hereby created a certification incentive fund in the State Treasury to be administered by the Education Professional Standards Board. The fund shall provide grants to eligible recipients for conducting institutes as described in KRS 161.048(8), including the costs of salaries of institute instructors, consultants, materials, stipends and loans to participants, other costs associated with the institutes, and costs of assistance to teachers throughout their first year of teaching. (1) (a) There is hereby created a certification incentive fund in the State Treasury to be administered by the Education Professional Standards Board. The fund shall provide grants to eligible recipients for conducting institutes as described in KRS 161.048(8), including the costs of salaries of institute instructors, consultants, materials, stipends and loans to participants, other costs associated with the institutes, and costs of assistance to teachers throughout their first year of teaching.
    2. Eligible recipients of grant funds may be nonprofit organizations, institutions, and agencies, including but not limited to postsecondary education institutions, school districts, education cooperatives, and consortia of school districts.
    3. The Education Professional Standards Board shall promulgate administrative regulations establishing standards and procedures for the grant program, including minimal participation levels and maximum grant awards.
    1. Priority for the institutes funded under this section for academic years 2008-2009 through 2011-2012 shall be for the purpose of certifying teachers in high school mathematics, chemistry, integrated science, and physics, and middle school mathematics and earth science under the provisions of KRS 161.048 (8), Option 7: Certification of a person in a field other than education to teach in elementary, middle, or secondary programs. At the completion of academic year 2011-2012, the Education Professional Standards Board shall determine priority for specific institutes. (2) (a) Priority for the institutes funded under this section for academic years 2008-2009 through 2011-2012 shall be for the purpose of certifying teachers in high school mathematics, chemistry, integrated science, and physics, and middle school mathematics and earth science under the provisions of KRS 161.048 (8), Option 7: Certification of a person in a field other than education to teach in elementary, middle, or secondary programs. At the completion of academic year 2011-2012, the Education Professional Standards Board shall determine priority for specific institutes.
    2. The board shall request proposals and approve at least one (1) summer institute for the purpose described in paragraph (a) of this subsection each academic year. The institute shall be a minimum of ninety (90) clock hours, based on six (6) hour days for a three (3) week period.
    3. Each individual who completes a summer institute shall have additional hours of formal instruction or assistance during the first year of teaching to reach the minimum number of clock hours as required in KRS 161.048(8)(b)2.
    4. Notwithstanding KRS 161.030 , an alternative teacher certification candidate participating in the institute described in the provisions of this subsection shall not be required to participate in the teacher internship program until the second year of teaching. The candidate shall be assigned a teacher mentor by the grant recipient the first year of teaching. Payment of the teacher mentor shall be from the grant provided under subsection (1) of this section.
    1. Individuals who are accepted into an institute shall be provided a forgivable loan incentive at the beginning of the institute to encourage their participation. The amount of the forgivable loan shall be determined by the Education Professional Standards Board. The loan shall be forgiven if the participant teaches in a Kentucky public or Kentucky Board of Education certified nonpublic school for one (1) year within the three (3) years following the awarding of the loan. (3) (a) Individuals who are accepted into an institute shall be provided a forgivable loan incentive at the beginning of the institute to encourage their participation. The amount of the forgivable loan shall be determined by the Education Professional Standards Board. The loan shall be forgiven if the participant teaches in a Kentucky public or Kentucky Board of Education certified nonpublic school for one (1) year within the three (3) years following the awarding of the loan.
    2. If an individual does not successfully complete the institute or teach mathematics or science in a qualifying Kentucky school, the loan must be repaid according to procedures promulgated in administrative regulation by the Kentucky Higher Education Assistance Authority.
    3. The Education Professional Standards Board shall enter into a memorandum of understanding with the Kentucky Higher Education Assistance Authority to administer the forgivable loan incentive under this section. Based on the memorandum of understanding, the authority may retain a portion of the funds for administering the forgivable loan incentive. Funds recovered under provisions of this section, minus the administrative costs, shall be returned to the State Treasury.
  1. Each individual who successfully completes a summer institute shall be awarded a stipend equal to the amount of the forgivable loan as described in subsection (3) of this section. The stipend shall be awarded at the end of the institute without restrictions.
  2. Grant recipients and local school districts may offer financial incentives to potential participants and individuals who complete an institute from fund sources other than the grant funds.

History. Enact. Acts 2008, ch. 185, § 1, effective April 24, 2008.

161.035. Validity of certificates issued prior to 1950. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 103, § 2) was repealed by Acts 1978, ch. 56, § 3, effective June 17, 1978.

161.040. General qualifications for certificates. [Repealed.]

Compiler’s Notes.

This section (Repealed and reenact. Acts 1990, ch. 476, Pt. V, § 474, effective July 13, 1990) was repealed by Acts 1998, ch. 362, § 6, effective July 15, 1998.

161.042. Status of student teachers — Responsibility to administrative staff and supervising teachers — Professional competency requirement for supervising teachers.

  1. The Education Professional Standards Board shall provide through administrative regulation for the utilization of the common schools for the preparation of teacher education students from the colleges and universities.
  2. Within the provisions established by the Education Professional Standards Board, local boards of education are authorized to enter into cooperative agreements, including financial arrangements, with colleges and universities for the purpose of providing professional laboratory experiences and student teaching experiences for students preparing for the education profession.
  3. The Education Professional Standards Board shall promulgate administrative regulations defining the professional requirements and general duties of a supervising teacher and requirements for a local school district and school to be used for this purpose.
  4. A student teacher who is jointly assigned under agreement by a teacher education institution and a local board of education shall have the same legal status and protection as a certified teacher employed within the school district and shall be responsible to the administrative staff of the school district and the supervising teacher to whom he or she is assigned. All student teachers shall be subject to the state and national criminal records checks required of certified hires under provisions of KRS 160.380 .
  5. Teacher education students, other than student teachers, may be permitted through cooperative agreements between the local school district and the teacher education institution, to engage in supplementary instructional activities with pupils under the direction and supervision of the professional administrative and teaching staff of the school district. Teacher education students shall not be subject to the criminal records checks required under KRS 160.380 or 161.148 .

History. Enact. Acts 1972, ch. 178, § 2; 1978, ch. 155, § 82, effective June 17, 1978; 1982, ch. 11, § 1, effective July 15, 1982; 1990, ch. 476, Pt. II, § 67, effective July 13, 1990; 1992, ch. 409, § 1, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996; 2001, ch. 60, § 2, effective June 21, 2001; 2001, ch. 137, § 9, effective June 21, 2001.

Legislative Research Commission Note.

(6/21/2001). This section was amended by 2001 Ky. Acts chs. 60 and 137, which do not appear to be in conflict and have been codified together.

Opinions of Attorney General.

A student teacher may not perform services as a student teacher in the absence of a regular classroom teacher. OAG 75-70 .

A student teacher may be held liable in tort for his negligent acts or omissions just as may a regular teacher but his actions, and whether he acted as a reasonable person would act under the circumstances, must be judged in the light of the fact that he is acting under the supervision and direction of a regular classroom teacher. OAG 75-70 .

161.044. Requirements for teachers’ aides — Legal status — Preference to certified applicants — Training.

  1. The Kentucky Board of Education shall promulgate administrative regulations governing the qualifications of teachers’ aides in the common schools. All teachers’ aides working in kindergarten or with entry level students in primary classes and all instructional teachers’ aides initially employed after July 1, 1986, except those with current teacher certification, shall have a high school diploma or a High School Equivalency Diploma.
  2. “Noninstructional teacher’s aide” means an adult who works under the direct supervision of the teaching staff in performing noninstructional functions such as clerical duties, lunch room duties, leading pupils in recreational activities, aiding the school librarian, preparing and organizing instructional material and equipment and monitoring children during a noninstructional period. Noninstructional teachers’ aides employed on a full-time basis shall possess skills necessary to perform their duties and shall meet the requirements established in KRS 161.011 and 160.380 .
  3. Within the administrative regulations established by the Kentucky Board of Education, a local district may employ teachers’ aides in supplementary instructional and noninstructional activities with pupils. While engaged in an assignment as authorized under the administrative regulations, and as directed by the professional administrative and teaching staff, these personnel shall have the same legal status and protection as a certified teacher in the performance of the same or similar duties.
  4. Local districts shall give preference to applicants for the position of teacher’s aide who have regular or emergency teacher certification.
  5. Local districts shall provide training of the instructional teacher’s aide with the certified employee to whom he is assigned.

History. Enact. Acts 1972, ch. 178, § 3; 1978, ch. 155, § 82, effective June 17, 1978; 1985 (1st Ex. Sess.), ch. 10, § 19, effective October 18, 1985; 1988, ch. 38, § 2, effective July 15, 1988; 1990, ch. 476, Pt. II, § 68, effective July 13, 1990; 1994, ch. 417, § 2, effective July 15, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 2000, ch. 336, § 2, effective July 14, 2000; 2012, ch. 61, § 4, effective July 12, 2012; 2017 ch. 63, § 19, effective June 29, 2017; 2019 ch. 31, § 5, effective June 27, 2019.

Opinions of Attorney General.

In view of the description of duties and definitions of “paraprofessional” and “teacher aide” given in KRS 161.010(6) and (7) (definition of “paraprofessional” has been deleted and “teacher’s aide” is now defined in (5)) and the fact that subsections (1), (2) and (3) of this section refer to such persons performing “supplementary instructional and noninstructional activities with pupils” and that while reference is made to “provisions established by the State Board of Education,” such regulations have not been prepared and adopted, it would appear that a teacher’s aide cannot conduct a class even with a teacher present. OAG 73-206 .

Since the State Board of Education has adopted regulations relating to paraprofessional personnel (704 KAR 15:080), a local board of education could prepare a job description outlining the duties of a paraprofessional which would include some limited teaching responsibilities if the paraprofessional held a valid and appropriate teaching certificate; however, the instructional assistance of a paraprofessional with a teaching certificate may not be permitted to supplant the day to day teaching responsibilities of the regular classroom teacher. OAG 76-555 .

The distinction in subsection (1) of this section between kindergarten teacher aides and the other aides was drawn to indicate that all kindergarten teacher aides, regardless of when they were hired, must comply with the requirements, while non-kindergarten aides must comply only if they were initially hired after July 1, 1986. OAG 86-43 .

161.046. Adjunct instructors.

  1. For purposes of this section, “adjunct instructor” means an individual who has training or experience in a specific subject area and who has met the requirements for certification as an adjunct instructor established by the Education Professional Standards Board.
  2. The Education Professional Standards Board shall adopt administrative regulations governing the qualifications and utilization of adjunct instructors. These administrative regulations shall specify the minimum essential competencies which must be demonstrated by persons seeking an adjunct instructor certificate.
  3. Holders of an adjunct instructor certificate shall be employed on an annual contract basis and shall not be eligible for continuing service status pursuant to KRS 161.740 or for the retirement provisions of KRS 161.220 through 161.714 , except that the return to work limitations set forth in KRS 161.605 shall apply to any retired member of the Kentucky Teachers’ Retirement System who resumes employment as an adjunct instructor. The granting of successive annual contracts to the holder of an adjunct instructor certificate shall not give rise to a claim of expectation of continuing employment.
  4. Local school boards may contract with certificated adjunct instructors for part-time services on an hourly, daily, or other periodic basis as best meets the needs of the board. An adjunct instructor shall not fill a position that will result in the displacement of a qualified teacher with a regular certificate who is already employed in the district.
  5. An orientation program shall be developed and implemented for adjunct instructors by the local school board.

History. Enact. Acts 1984, ch. 276, § 1, effective July 13, 1984; 1990, ch. 476, Pt. II, § 61, effective July 13, 1990; 1998, ch. 589, § 2, effective July 15, 1998; 2008, ch. 78, § 24, effective July 1, 2008; 2014, ch. 71, § 7, effective July 15, 2014.

161.048. Alternative certification program — Purpose — Options — Testing and eligibility requirements — Salary schedule.

  1. The General Assembly hereby finds that:
      1. There are persons who have distinguished themselves through a variety of work and educational experiences that could enrich teaching in Kentucky schools; (a) 1. There are persons who have distinguished themselves through a variety of work and educational experiences that could enrich teaching in Kentucky schools;
      2. There are distinguished scholars who wish to become teachers in Kentucky’s public schools, but who did not pursue a teacher preparation program;
      3. There are persons who should be recruited to teach in Kentucky’s public schools as they have academic majors, strong verbal skills as shown by a verbal ability test, and deep knowledge of content, characteristics that empirical research identifies as important attributes of quality teachers;
      4. There are persons who need to be recruited to teach in Kentucky schools to meet the diverse cultural and educational needs of students; and
      5. There should be alternative procedures to the traditional teacher preparation programs that qualify persons as teachers;
    1. There are hereby established alternative certification program options as described in subsections (2) to (9) of this section;
    2. It is the intent of the General Assembly that the Education Professional Standards Board inform scholars, persons with exceptional work experience, and persons with diverse backgrounds who have potential as teachers of these options and assist local boards of education in implementing these options and recruitment of individuals who can enhance the education system in Kentucky;
    3. The Education Professional Standards Board may reject the application of any candidate who is judged as not meeting academic requirements comparable to those for students enrolled in Kentucky teacher preparation programs; and
    4. The Education Professional Standards Board shall promulgate administrative regulations establishing standards and procedures for the alternative certification options described in this section.
  2. Option 1: Certification of a person with exceptional work experience. An individual who has exceptional work experience and has been offered employment in a local school district shall receive a one (1) year provisional certificate with approval by the Education Professional Standards Board of a joint application by the individual and the employing school district under the following conditions:
    1. The application contains documentation of all education and work experience;
    2. The candidate has documented exceptional work experience in the area in which certification is being sought;
    3. The candidate possesses:
      1. A bachelor’s degree or a graduate degree;
      2. A minimum cumulative grade point average of two and seventy-five hundredths (2.75) on a four (4) point scale or a minimum grade point average of three (3.0) on a four (4) point scale on the last thirty (30) hours of credit completed, including undergraduate and graduate coursework from a nationally or regionally accredited postsecondary institution; and
      3. An academic major or a passing score on the academic content assessment in the area in which certification is being sought by the applicant as designated by the Education Professional Standards Board.
  3. Option 2: Certification through a local school district training program. A local school district or group of school districts may seek approval for a training program. The state-approved local school district training program is an alternative to the college teacher preparation program as a means of acquiring teacher certification for a teacher at any grade level. The training program may be offered for all teaching certificates approved by the Education Professional Standards Board, including interdisciplinary early childhood education, except for specific certificates for teachers of exceptional children. To participate in a state-approved local school district alternative training program, the candidate shall possess:
    1. A bachelor’s degree or a graduate degree;
    2. A minimum cumulative grade point average of two and seventy-five hundredths (2.75) on a four (4) point scale or a minimum grade point average of three (3) on a four (4) point scale on the last thirty (30) hours of credit completed, including undergraduate and graduate coursework from a nationally or regionally accredited postsecondary institution;
    3. A passing score on the academic content assessment in the area in which certification is being sought by the applicant as designated by the Education Professional Standards Board. To be eligible to take an academic content assessment, the applicant shall have completed a thirty (30) hour major in the academic content area or five (5) years of experience in the academic content area as approved by the Education Professional Standards Board; and
    4. An offer of employment in a school district which has a training program approved by the Education Professional Standards Board.
  4. Option 3: Certification of a professional from a postsecondary institution: A candidate who possesses the following qualifications may receive a one (1) year provisional certificate for teaching at any level:
    1. A master’s degree or doctoral degree in the academic content area for which certification is sought;
    2. A minimum of five (5) years of full-time teaching experience, or its equivalent, in the academic content area for which certification is sought in a regionally or nationally accredited institution of higher education; and
    3. An offer of employment in a school district which has been approved by the Education Professional Standards Board.
  5. Option 4: Certification of an adjunct instructor. A person who has expertise in areas such as art, music, foreign language, drama, science, computer science, and other specialty areas may be employed as an adjunct instructor in a part-time position by a local board of education under KRS 161.046 .
  6. Option 5: Certification of a veteran of the Armed Forces. The Education Professional Standards Board shall issue a statement of eligibility, valid for five (5) years, for teaching at the elementary, secondary, and secondary career technical education levels to a veteran of the Armed Forces who was honorably discharged from active duty as evidenced by Defense Department Form 214 (DD 214) or National Guard Bureau Form 22 or to a member of the Armed Services currently serving with six (6) or more years of honorable service, including Reserves, National Guard, or active duty. The candidate shall possess:
    1. A bachelor’s degree or graduate degree;
    2. A minimum cumulative grade point average of two and seventy-five hundredths (2.75) on a four (4) point scale or a minimum grade point average of three (3) on a four (4) point scale on the last thirty (30) hours of credit completed, including undergraduate and graduate coursework from a nationally or regionally accredited postsecondary institution; and
    3. An academic major or a passing score on the academic content assessment in the area in which certification is being sought by the applicant as designated by the Education Professional Standards Board.
  7. Option 6: University alternative program. With approval of the Education Professional Standards Board, a university may provide an alternative program that enrolls students in a postbaccalaureate teacher preparation program concurrently with employment as a teacher in a local school district. A student in the alternative program shall be granted a one (1) year provisional certificate and shall participate in the Kentucky teacher internship program, notwithstanding provisions of KRS 161.030 . A student may not participate in the internship program until the student has successfully completed the assessments required by the board. The one (1) year provisional certificate may be renewed two (2) additional years, and shall be contingent upon the candidate’s continued enrollment in the preparation program and compliance with all requirements established by the board. A professional certificate shall be issued upon the teacher candidate’s successful completion of the program, the internship program requirements, and all academic content assessments in the specific teaching field of the applicant as designated by the Education Professional Standards Board.
  8. Option 7: Certification of a person in a field other than education to teach in elementary, middle, or secondary programs. This option shall not be limited to teaching in shortage areas. An individual certified under provisions of this subsection shall be issued a one (1) year provisional certificate, renewable for a maximum of two (2) additional years with approval of the Education Professional Standards Board.
    1. The candidate shall possess:
      1. A bachelor’s degree with a declared academic major in the area in which certification is sought or a graduate degree in a field related to the area in which certification is sought;
      2. A minimum cumulative grade point average of two and seventy-five hundredths (2.75) on a four (4) point scale or a minimum grade point average of three (3) on a four (4) point scale on the last thirty (30) hours of credit completed, including undergraduate and graduate coursework from a nationally or regionally accredited postsecondary institution;
      3. A passing score on the GRE or equivalent as designated by the Education Professional Standards Board. A candidate who has a terminal degree shall be exempt from the requirements of this subparagraph; and
      4. A passing score on the academic content assessment in the area in which certification is being sought as designated by the Education Professional Standards Board.
    2. Prior to receiving the one (1) year provisional certificate or during the first year of the certificate, the teacher shall complete the following:
      1. For elementary teaching, the individual shall successfully complete the equivalent of a two hundred forty (240) hour institute, based on six (6) hour days for eight (8) weeks. The providers and the content of the institute shall be approved by the Education Professional Standards Board. The content shall include research-based teaching strategies in reading and math, research on child and adolescent growth, knowledge of individual differences, including teaching exceptional children, and methods of classroom management.
      2. For middle and secondary teaching, the individual shall successfully complete the equivalent of a one hundred eighty (180) hour institute, based on six (6) hour days for six (6) weeks. The providers and the content of the institute shall be approved by the Education Professional Standards Board and shall include research-based teaching strategies, research on child and adolescent growth, knowledge of individual differences, including teaching exceptional children, and methods of classroom management.
    3. The candidate shall participate in the teacher internship program under KRS 161.030 . After successful completion of the internship program, the candidate shall receive a professional certificate and shall be subject to certificate renewal requirements the same as other teachers with a professional certificate.
  9. Option 8: Certification of a Teach for America participant to teach in elementary, middle, or high schools. Nothing in this subsection shall conflict with the participation criteria of the Teach for America program. An individual certified under this subsection shall be issued a one (1) year provisional certificate.
    1. The candidate shall possess:
      1. An offer of employment from a local school district;
      2. A bachelor’s degree;
      3. A successful completion of the summer training institute and ongoing professional development required by Teach for America, including instruction in goal-oriented, standards-based instruction, diagnosing and assessing students, lesson planning and instructional delivery, classroom management, maximizing learning for diverse students, and teaching methodologies; and
      4. A passing score on the academic content assessment in the area in which certification is being sought as designated by the Education Professional Standards Board.
    2. The provisional certificate granted under paragraph (a) of this subsection may be renewed two (2) times with a recommendation of the superintendent and approval of the Education Professional Standards Board.
    3. A Teach for America participant who is approved for a second renewal of his or her provisional certificate under paragraph (b) of this subsection may participate in the teacher internship program under KRS 161.030 .
    4. A Teach for America participant shall be issued a professional certificate upon the participant’s successful completion of the internship program and assessments relating to teaching of subject matter required by the Education Professional Standards Board under KRS 161.030 .
  10. A public school teacher certified under subsections (2) to (9) of this section shall be placed on the local district salary schedule for the rank corresponding to the degree held by the teacher.
  11. Subsections (1) to (3) of this section notwithstanding, a candidate who possesses the following qualifications may receive certification for teaching programs for exceptional students:
    1. An out-of-state license to teach exceptional students;
    2. A bachelor’s or master’s degree in the certification area or closely related area for which certification is sought; and
    3. Successful completion of the teacher internship program requirement required under KRS 161.030 .

The candidate shall participate in the teacher internship program under KRS 161.030 . After successful completion of the internship program, the candidate shall receive a professional certificate and shall be subject to certificate renewal requirements the same as other teachers with a professional certificate.

Upon meeting the participation requirements as established in this subsection, the candidate shall be issued a one (1) year provisional certificate by the Education Professional Standards Board. The candidate shall participate in the teacher internship program under KRS 161.030 . After successful completion of the internship program, the candidate shall receive a professional certificate and shall be subject to certificate renewal requirements the same as other teachers with a professional certificate.

The candidate shall participate in the teacher internship program under KRS 161.030 . After successful completion of the internship program, the candidate shall receive a professional certificate and shall be subject to certificate renewal requirements the same as other teachers with professional certificates.

Upon an offer of employment by a school district, the eligible veteran shall receive a one (1) year provisional certificate with approval by the Education Professional Standards Board of a joint application by the veteran and the employing school district. During this year, the veteran shall participate in the teacher internship program under KRS 161.030 . After successful completion of the internship program, the veteran shall receive a professional certificate.

History. Enact. Acts 1990, ch. 476, Pt. II, § 58, effective July 13, 1990; 1996, ch. 137, § 1, effective July 15, 1996; 1996, ch. 343, § 6, effective July 15, 1996; 1998, ch. 514, § 8, effective July 15, 1998; 1998, ch. 589, § 1, effective July 15, 1998; 2000, ch. 161, § 1, effective July 14, 2000; 2004, ch. 117, § 3, effective July 13, 2004; 2005, ch. 111, § 2, effective June 20, 2005; 2008, ch. 177, § 1, effective July 15, 2008; 2010, ch. 79, § 1, effective July 15, 2010; 2017 ch. 14, § 2, effective June 29, 2017.

Compiler's Notes.

The section is set out to correct an error in the publication process.

161.049. Professional support teams — Training program — Alternate training program.

  1. As used in this section, “professional support team” means a school principal, an experienced teacher, a college or university faculty member, and an instructional supervisor. If an instructional supervisor or college or university faculty member is not available, the district shall assign a member with comparable experience. The school principal shall serve as the chairman of the team.
  2. The Education Professional Standards Board shall establish a training program for professional support teams which shall be implemented by the board or contracted with another agency. The training shall include content and procedures for the evaluation of teacher candidates. Completion of the training shall be evidenced by successfully passing the examinations prescribed by the board.
  3. A local school district seeking to hire a teacher pursuant to KRS 161.048(3) shall submit a plan for a local district alternative training program to the Education Professional Standards Board and have it approved in accordance with administrative regulations established by the Board. The district shall show evidence that it has sought joint sponsorship of the program with a college or university. No local school district shall employ a teacher seeking certification in a state-approved local district training program unless it has submitted a plan and received approval by the Education Professional Standards Board.
  4. Each state approved local district alternative training program shall provide the teacher candidate with essential knowledge and skills and include, but not be limited to, the following components:
    1. A full-time seminar and practicum of no less than eight (8) weeks’ duration prior to the time the candidate assumes responsibility for a classroom. The content of the formal instruction shall be prescribed by the Education Professional Standards Board and shall include an introduction to basic teaching skills through supervised teaching experiences with students, as well as an orientation on the policies, organization, and curriculum of the employing district.
    2. A period of classroom supervision while the candidate assumes responsibility on a one-half (1/2) time basis for a classroom and continuing for eighteen (18) weeks. During this period, the candidate shall be visited and critiqued no less than one (1) time per week by one (1) or more members of a professional support team appointed by the local district and assigned according to the administrative regulations adopted by the Education Professional Standards Board. The candidate shall be formally evaluated at the end of five (5) weeks, at the end of the second five (5) weeks, and at the end of the last eight (8) weeks by the members of the team. During this period, the candidate shall continue formal instruction which emphasizes student assessment, child development, learning, curriculum, instruction of exceptional children, and school and classroom organization.
    3. An additional period of at least eighteen (18) weeks continued supervision of the teacher candidate who may be assigned full-time classroom duties. During this period the teacher candidate shall be critiqued at least once per month and shall be observed formally and evaluated at least twice. No more than two (2) months shall pass without a formal observation. Formal instruction shall also continue during this period. In addition, opportunities shall be provided for the teacher candidate to observe the teaching of experienced teachers.
  5. At least two hundred fifty (250) hours of formal instruction shall be provided in all three (3) phases of the program combined.
  6. At the conclusion of the alternative training program, the chair of the support team shall prepare a comprehensive evaluation report on the teacher candidate’s performance. This report shall be submitted to the Education Professional Standards Board and shall contain a recommendation as to whether the teacher candidate shall be issued a one (1) year certificate of eligibility to complete the internship pursuant to KRS 161.030 . The support team shall make one (1) of the following recommendations:
    1. Approved: recommends issuance of certificate to complete the internship;
    2. Insufficient: recommends the candidate be allowed to seek reentry into a teacher preparation program; or
    3. Disapproved: recommends the candidate not be allowed to enter a teacher preparation program.

History. Enact. Acts 1990, ch. 476, Pt. II, § 59, effective July 13, 1990; 1998, ch. 589, § 3, effective July 15, 1998; 2001, ch. 137, § 10, effective June 21, 2001.

161.050. Kinds of certificates issued. [Repealed.]

Compiler’s Notes.

This section (4502-3) was repealed by Acts 1950, ch. 103, § 2.

161.051. Braille requirements for teacher certification of blind and visually impaired students.

Teachers seeking to be certified in the education of blind and visually impaired students shall be required, prior to certification, to demonstrate competence in reading and writing braille, and in the use of appropriate instructional methods for teaching braille by use of the braille writer, the slate and stylus, and through the use of computer devices commonly used in the elementary and secondary instruction of blind students. Any teacher who teaches a blind student braille, or monitors a student’s braille usage, shall demonstrate competence in braille. The Education Professional Standards Board shall promulgate administrative regulations to assess such competency which shall be consistent with the guidelines for braille instructors as adopted by the National Library Services for the Blind and Physically Handicapped.

History. Enact. Acts 1992, ch. 382, § 3, effective July 14, 1992.

161.052. Certification of teachers for gifted education.

All persons employed as teachers for gifted education shall hold an appropriate certificate endorsement for gifted education, except that all teachers having certificates initially issued for a duration period on or before July 1, 1984, or proper renewals thereof, shall remain eligible thereafter for assignment as teachers for gifted education, for the grade levels of the base certificate, provided any such assignment was valid under the original certificate at the time it was issued.

History. Enact. Acts 1998, ch. 589, § 4, effective July 15, 1998.

161.053. Certification of teachers of exceptional children/communication disorders.

  1. The Education Professional Standards Board shall have the authority and responsibility to certify as a teacher of exceptional children/communication disorders, an individual who has:
    1. Completed an approved program of preparation that corresponds to the certificate;
    2. Achieved a passing score on an appropriate assessment as determined by the Education Professional Standards Board;
    3. Fulfilled other requirements for teacher certification as determined by the Education Professional Standards Board, in accordance with KRS Chapter 161 and administrative regulations promulgated thereunder; and
    4. Completed the requirements set forth in subsection (2) of this section.
  2. The Education Professional Standards Board shall issue two (2) levels of certification for teachers of exceptional children/communication disorders:
    1. Baccalaureate level certification shall be issued to a person who has:
      1. Completed an approved program of preparation leading to a bachelor’s degree in speech-language pathology;
      2. Been granted licensure as a speech-language pathology assistant from the Kentucky Board of Speech-Language Pathology and Audiology, under KRS Chapter 334A; and
      3. Completed the other requirements set forth in subsection (1) of this section; and
    2. Master’s level certification shall be issued to a person who has:
      1. Completed an approved program of preparation leading to a master’s degree in speech-language pathology; and
      2. Completed the other requirements specified in subsection (1) of this section.
  3. A person holding licensure through the Kentucky Board of Speech-Language Pathology and Audiology as a speech-language pathology assistant, but not certified as a teacher of exceptional children/communication disorders, may:
    1. Continue to work in the public schools as a classified employee under the provisions of KRS Chapter 334A and administrative regulations promulgated by the Kentucky Board of Speech-Language Pathology and Audiology; or
    2. Pursue certification as a baccalaureate level teacher of exceptional children/communication disorders while working as a speech-language pathology assistant.
  4. Candidates for certification as a teacher of exceptional children/communication disorders shall participate in the teacher internship program under KRS 161.030 .
  5. A bachelor’s level teacher of exceptional children/communication disorders shall work under requirements for speech-language pathology assistants set forth in KRS Chapter 334A.
  6. The Education Professional Standards Board shall develop a policy through the promulgation of administrative regulations by June 30, 2001, to permit a speech-language pathology assistant with two (2) years or more of successful professional experience pursuing certification as a baccalaureate level teacher of exceptional children to:
    1. Substitute prior professional experience for student teaching requirements; and
    2. Substitute prior professional experience for beginning teacher internship requirements.
  7. A teacher of exceptional children/communication disorders shall receive salary and benefits, including membership in the Teachers’ Retirement System, commensurate with his or her education, certification, and experience as prescribed by law. Years of experience as a speech-language pathology assistant shall be included in the calculation of all benefits, including membership in the Teachers’ Retirement System, for individuals with baccalaureate level certification as a teacher of exceptional children/communication disorders.

History. Enact. Acts 2000, ch. 375, § 1, effective July 14, 2000.

161.060. Elementary certificates; provisional and standard. [Repealed.]

Compiler’s Notes.

This section (4502-3) was repealed by Acts 1950, ch. 103, § 2.

161.070. High school certificates; provisional and standard. [Repealed.]

Compiler’s Notes.

This section (4502-3) was repealed by Acts 1950, ch. 103, § 2.

161.080. Administration and supervision certificates; provisional and standard. [Repealed.]

Compiler’s Notes.

This section (4502-3) was repealed by Acts 1950, ch. 103, § 2.

161.090. Attendance officers’ certificates. [Repealed.]

Compiler’s Notes.

This section (4502-4) was repealed by Acts 1950, ch. 103, § 2.

161.095. Continuing education for teachers — Extension for military service — Administrative regulations.

  1. The Education Professional Standards Board, with the advice of the Kentucky Board of Education, shall:
    1. Promulgate administrative regulations to establish procedures for a teacher to maintain his or her certificate by successfully completing meaningful continuing education;
    2. Develop standards for continuing education related to maintaining a certificate, including university courses, an advanced degree, or a combination of field-based experience, individual research, and approved professional development; and
    3. Establish a system of quality assurance related to continuing education activities and certification requirements.
    1. The Education Professional Standards Board shall extend the validity period of a certificate of a member of the Armed Forces of the United States of America by one (1) year for each year the member is determined by the board to have been prohibited by military service or training from pursuing an advanced degree or completing professional development required to maintain certification; and (2) (a) The Education Professional Standards Board shall extend the validity period of a certificate of a member of the Armed Forces of the United States of America by one (1) year for each year the member is determined by the board to have been prohibited by military service or training from pursuing an advanced degree or completing professional development required to maintain certification; and
    2. The Education Professional Standards Board shall promulgate administrative regulations to establish an application process and develop guidelines for the process by which education or professional development is considered to have been prohibited by military service.

HISTORY: Enact. Acts 1996, ch. 298, § 1, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 2017 ch. 14, § 3, effective June 29, 2017; 2018 ch. 149, § 1, effective July 14, 2018.

161.100. Emergency certificates.

When a district board of education satisfies the Education Professional Standards Board that it is impossible to secure qualified teachers for a position in a school under the control of the district board, the Education Professional Standards Board may issue emergency certificates to persons who meet the qualifications determined by the Education Professional Standards Board for emergency certificates. An emergency certificate shall be valid only for the specific job for which issued and for the current school term. The Education Professional Standards Board may require the passing of a written examination before an emergency certificate is issued. The examination shall be prepared and administered and the papers graded in the state offices of the Education Professional Standards Board under the direction of the executive director, in accordance with administrative regulations approved by the Education Professional Standards Board.

History. 4502-5; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. II, § 62, effective July 13, 1990; 2001, ch. 137, § 11, effective June 21, 2001.

NOTES TO DECISIONS

1. Hiring Practices.

In a special education teacher’s suit against a board of education for rejecting his application and hiring a teacher for the position who had only an emergency certification, summary judgment in favor of the board of education was proper because, although the special education teacher’s level of certification was superior to the certification of the teacher hired, the board of education’s policy required it to consider an applicant’s certification level, educational background, prior work experience, recommendations, and personal characteristics shown during the interview process. Because the teacher’s prior employer gave him a poor evaluation and absolutely did not recommend him for employment and because there was testimony that the teacher was under review by the professional standards board at the time of his application, the board had before it substantial evidence relating to the factors it was required to consider under its policy, and the teacher failed to raise the existence of an issue of material fact sufficient to defeat summary judgment. Hicks v. Magoffin County Bd. of Educ., 292 S.W.3d 335, 2009 Ky. App. LEXIS 145 (Ky. Ct. App. 2009).

Opinions of Attorney General.

Where the superintendent in the proper exercise of discretion does not recommend a particular certified teacher for a certain vacancy, it is not legally possible to employ that teacher in that district and for the purposes of this section, no qualified teacher is available. OAG 69-389 .

161.102. Emergency substitute teaching certificates.

Any applicant for emergency substitute teaching who possesses a bachelor’s degree in any subject area from a regionally or nationally accredited institution of postsecondary education shall be granted a certificate for substitute teaching from the Education Professional Standards Board subject to the provisions of KRS 161.120(1). This certificate shall enable the applicant to apply for substitute teaching in any subject area for any grade level in any local school district.

History. Enact. Acts 2003, ch. 160, § 3, effective March 31, 2003.

161.110. When certificates to be renewed. [Repealed.]

Compiler’s Notes.

This section (4502-13) was repealed by Acts 1978, ch. 56, § 3, effective June 17, 1978.

161.115. Deletion of certificate, certificate endorsement, or subject specialization from official certification record at holder’s option — Restoration of deleted areas of certification.

The holder of any type of Kentucky teacher certification issued by the Education Professional Standards Board may, at the holder’s option, have any certificate, certificate endorsement, or subject specialization deleted from the official certification record upon application, subject to the following provisions:

  1. The application shall be submitted to the Education Professional Standards Board on a form furnished by the board. The form shall include the information required by this section and the applicant shall verify the information by affidavit. The application shall be submitted between September 1 and December 1 and shall become effective on the following July 1. If the requirements of this section are satisfied, the Education Professional Standards Board shall notify the applicant and the applicant’s employing school or school district on or before February 1 following submission of the application, that the decertification has been approved.
  2. No portion of the certification shall be deleted for any subject or assignment in which the teacher has had experience during the three (3) year period preceding the request in an amount equivalent to one (1) year of full-time employment (140 days) during which at least one (1) period per day was in the subject or assignment corresponding to the portion of the certification requested for deletion.
  3. If the certification for classroom teaching at the secondary level is to be retained, at least one (1) teaching major or one (1) area of concentration shall be retained.
  4. A certificate which is a prerequisite or a concurrent requirement to the issuance of another certificate or certificate endorsement held by the applicant shall be retained.
  5. Applications for restoration of areas of certification deleted under this section shall be submitted to the Education Professional Standards Board showing restored competency and proficiency by completion of twelve (12) semester hours of credit pertinent to the deleted areas as prescribed by an institution approved for teacher education. A transcript or other appropriate verification of completion of the twelve (12) semester hours of credit from the institution approved for teacher education shall be accepted as evidence showing restoration of competency and proficiency in the areas of certification.

History. Enact. Acts 1984, ch. 229, § 1, effective July 13, 1984; 1990, ch. 476, Pt. II, § 63, effective July 13, 1990.

161.120. Disciplinary actions relating to certificates — Appeals.

  1. Except as described in KRS 161.795 , the Education Professional Standards Board may revoke, suspend, or refuse to issue or renew; impose probationary or supervisory conditions upon; issue a written reprimand or admonishment; or any combination of those actions regarding any certificate issued under KRS 161.010 to 161.100 , or any certificate or license issued under any previous law to superintendents, principals, teachers, substitute teachers, interns, supervisors, directors of pupil personnel, or other administrative, supervisory, or instructional employees for the following reasons:
    1. Being convicted of, or entering an “Alford” plea or plea of nolo contendere to, notwithstanding an order granting probation or suspending imposition of any sentence imposed following the conviction or entry of the plea, one (1) of the following:
      1. A felony;
      2. A misdemeanor under KRS Chapter 218A, 508, 509, 510, 522, 525, 529, 530, or 531; or
      3. A misdemeanor involving a student or minor.
    2. Having sexual contact as defined in KRS 510.010(7) with a student or minor. Conviction in a criminal proceeding shall not be a requirement for disciplinary action;
    3. Committing any act that constitutes fraudulent, corrupt, dishonest, or immoral conduct. If the act constitutes a crime, conviction in a criminal proceeding shall not be a condition precedent to disciplinary action;
    4. Demonstrating willful or careless disregard for the health, welfare, or safety of others;
    5. Physical or mental incapacity that prevents the certificate holder from performing duties with reasonable skill, competence, or safety;
    6. Possessing, using, or being under the influence of alcohol, which impairs the performance of duties;
    7. Unlawfully possessing or unlawfully using a drug during the performance of duties;
    8. Incompetency or neglect of duty;
    9. Making, or causing to be made, any false or misleading statement or concealing a material fact in obtaining issuance or renewal of any certificate;
    10. Failing to report as required by subsection (2) of this section;
    11. Failing to comply with an order of the Education Professional Standards Board;
    12. Violating any state statute relating to schools or the teaching profession;
    13. Violating the professional code of ethics for Kentucky school certified personnel established by the Education Professional Standards Board through the promulgation of administrative regulation;
    14. Violating any administrative regulation promulgated by the Education Professional Standards Board or the Kentucky Board of Education; or
    15. Receiving disciplinary action or having the issuance of a certificate denied or restricted by another jurisdiction on grounds that constitute a violation of this subsection.
    1. The superintendent of each local school district shall report in writing to the Education Professional Standards Board the name, address, phone number, Social Security number, and position name of any certified school employee in the employee’s district whose contract is terminated or not renewed, for cause except failure to meet local standards for quality of teaching performance prior to the employee gaining tenure; who resigns from, or otherwise leaves, a position under threat of contract termination, or nonrenewal, for cause; who is convicted in a criminal prosecution; or who otherwise may have engaged in any actions or conduct while employed in the school district that might reasonably be expected to warrant consideration for action against the certificate under subsection (1) of this section. The duty to report shall exist without regard to any disciplinary action, or lack thereof, by the superintendent, and the required report shall be submitted within thirty (30) days of the event giving rise to the duty to report. (2) (a) The superintendent of each local school district shall report in writing to the Education Professional Standards Board the name, address, phone number, Social Security number, and position name of any certified school employee in the employee’s district whose contract is terminated or not renewed, for cause except failure to meet local standards for quality of teaching performance prior to the employee gaining tenure; who resigns from, or otherwise leaves, a position under threat of contract termination, or nonrenewal, for cause; who is convicted in a criminal prosecution; or who otherwise may have engaged in any actions or conduct while employed in the school district that might reasonably be expected to warrant consideration for action against the certificate under subsection (1) of this section. The duty to report shall exist without regard to any disciplinary action, or lack thereof, by the superintendent, and the required report shall be submitted within thirty (30) days of the event giving rise to the duty to report.
    2. The district superintendent shall inform the Education Professional Standards Board in writing of the full facts and circumstances leading to the contract termination or nonrenewal, resignation, or other absence, conviction, or otherwise reported actions or conduct of the certified employee, that may warrant action against the certificate under subsection (1) of this section, and shall forward copies of all relevant documents and records in his possession.
    3. The Education Professional Standards Board may consider reports and information received from other sources.
    4. The certified school employee shall be given a copy of any report provided to the Education Professional Standards Board by the district superintendent or other sources. The employee shall have the right to file a written rebuttal to the report which shall be placed in the official file with the report.
  2. A finding or action by a school superintendent or tribunal does not create a presumption of a violation or lack of a violation of subsection (1) of this section.
  3. The board may issue a written admonishment to the certificate holder if the board determines, based on the evidence, that a violation has occurred that is not of a serious nature. A copy of the written admonishment shall be placed in the official file of the certificate holder. The certificate holder may respond in writing to the admonishment within thirty (30) days of receipt and have that response placed in his official certification file. Alternatively, the certificate holder may file a request for a hearing with the board within thirty (30) days of receipt of the admonishment. Upon receipt of a request for a hearing, the board shall set aside the written admonishment and set the matter for hearing pursuant to the provisions of KRS Chapter 13B.
    1. The Education Professional Standards Board shall schedule and conduct a hearing in accordance with KRS Chapter 13B: (5) (a) The Education Professional Standards Board shall schedule and conduct a hearing in accordance with KRS Chapter 13B:
      1. Before revoking, suspending, refusing to renew, imposing probationary or supervisory conditions upon, issuing a written reprimand, or any combination of these actions regarding any certificate;
      2. After denying an application for a certificate, upon written request filed within thirty (30) days of receipt of the letter advising of the denial; or
      3. After issuing a written admonishment, upon written request for a hearing filed within thirty (30) days of receipt of the written admonishment.
    2. Upon request, a hearing may be public or private at the discretion of the certified employee or applicant.
    3. The hearing shall be conducted before the full board, a panel of three (3) members of the board, or a person appointed as hearing officer by the board pursuant to KRS 13B.030(1).
  4. The Education Professional Standards Board or its chair may take emergency action pursuant to KRS 13B.125 . Emergency action shall not affect a certificate holder’s contract or tenure rights in the school district.
  5. If the Education Professional Standards Board substantiates that sexual contact occurred between a certified employee and a student or minor, the employee’s certificate may be revoked or suspended with mandatory treatment of the employee as prescribed by the Education Professional Standards Board. The Education Professional Standards Board may require the employee to pay a specified amount for mental health services for the student or minor which are needed as a result of the sexual contact.
  6. At any time during the investigative or hearing processes, the board may enter into an agreed order or accept an assurance of voluntary compliance with the certificate holder.
  7. The board may reconsider, modify, or reverse its decision on any disciplinary action.
  8. Suspension of a certificate shall be for a specified period of time, not to exceed two (2) years.
    1. At the conclusion of the specified period, upon demonstration of compliance with any educational requirements and the terms set forth in the agreed order, the certificate shall be reactivated.
    2. A suspended certificate is subject to expiration and termination.
  9. Revocation of a certificate is a permanent forfeiture. The board shall establish the minimum period of time before an applicant can apply for a new certificate.
    1. At the conclusion of the specified period, and upon demonstration of compliance with any educational requirements and the terms set forth in the agreed order, the applicant shall bear the burden of proof to show that he or she is again fit for practice.
    2. The board shall have discretion to impose conditions that it deems reasonably appropriate to ensure the applicant’s fitness and the protection of public safety. Any conditions imposed by the board shall address or apply to only that time period after the revocation of the certificate.
  10. An appeal from any final order of the Education Professional Standards Board shall be filed in Franklin Circuit Court in accordance with KRS Chapter 13B.

A certified copy of the conviction or plea shall be conclusive evidence of the conviction or plea;

History. 4502-9; amend. Acts 1978, ch. 56, § 2, effective June 17, 1978; 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 188, § 119, effective July 15, 1980; 1990, ch. 476, Pt. II, § 64, effective July 13, 1990; 1992, ch. 182, § 1, effective July 14, 1992; 1994, ch. 265, § 2, effective July 15, 1994; 1994, ch. 470, § 2, effective July 15, 1994; 1996, ch. 318, § 54, effective July 15, 1996; 1996, ch. 343, § 7, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 362, § 5, effective July 15, 1998; 1998, ch. 465, § 2, effective July 15, 1998; 2000, ch. 269, § 1, effective July 14, 2000.

Legislative Research Commission Notes.

(7/15/96). This section was amended by 1996 Ky. Acts chs. 318 and 343. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 343, which was last enacted by the General Assembly, prevails under KRS 446.250 .

(7/15/94). This statute was amended by 1994 Ky. Acts chs. 265 and 470, which were companion bills and are substantively identical. These Acts have been codified together. For the few minor variations between the Acts, Acts ch. 470 prevails under KRS 446.250 , as the Act which passed the General Assembly last.

NOTES TO DECISIONS

1. Immunity.

A school superintendent as a public official acting under express authority of law is entitled to absolute immunity from a defamation action, even if the information he forwarded to the Professional Standards Board, regarding the reasons why a principal’s contract wasn’t renewed, was false. Matthews v. Holland, 912 S.W.2d 459, 1995 Ky. App. LEXIS 214 (Ky. Ct. App. 1995).

Opinions of Attorney General.

Although this section seems to provide for an abbreviated consideration by the state board of revocation of certificate, a fundamentally fair adversary due process hearing would, at the minimum, be required, and a decision to revoke a certificate must be by a majority vote of the membership of the state board (four votes). OAG 79-394 .

The state superintendent need not recommend revocation of certificate even though he has recommended suspension or removal under KRS 156.132 for the same acts. OAG 79-394 .

The Educational Professional Standards Board (EPSB) lacks the authority to delegate the holding of a revocation hearing, as found in this section, to a hearing officer. Nowhere in the statutory sections dealing with the board is there any authority for such a delegation of power, and therefore, based upon the lack of authority granted to the EPSB under their statutes, the board must be physically present to “hear” the evidence introduced during a hearing. Of course, a hearing officer may assist the Board during and following the hearing. OAG 91-37 .

The Education Professional Standards Board, as a public agency, may meet to take action so long as a majority of the members are present and express themselves by vote. This section provides that a majority of the board may take official action upon hearing the evidence presented, and it would not be appropriate to require that additional members who are not present and did not hear the evidence should render a vote. It is clear that the quorum necessary for the board to conduct business may also act. The Education Professional Standards Board, composed of 15 members, may act when eight members are present to hear the evidence and to take action; that action may consist of a vote of which a majority of those present prevail over the rest. OAG 91-107 .

The language of KRS 160.270 which is applicable to local boards of education and states that a concurring vote by a majority of the board, the number of board members in the quorum notwithstanding, shall be necessary to take any particular action unless otherwise specified by statute does not apply to this section, which is applicable to the Education Professional Standards Board. OAG 91-107 .

A report written under subsections (2)(a) and (b) of this section does not represent final agency action, but is more closely analogous to an internal affairs report and is exempt under KRS 61.878 . OAG 91-198 .

Research References and Practice Aids

Cross-References.

Additional grounds for revocation of certificates, KRS 158.990 , 159.990 , 161.990 .

Removal of school employees, KRS 156.132 to 156.142 .

Suspension of certificate in case of breach of contract by teacher, KRS 161.780 .

Kentucky Bench & Bar.

Brooks, Disciplinary Action Against School Teachers, Vol. 42, No. 4, Fall 1995, Ky. Bench & Bar 6.

Kentucky Law Journal.

Comments, The Dismissal of Public School Teachers for Aberrant Behavior, 64 Ky. L.J. 911 (1975-76).

161.121. Definitions for KRS 161.122. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 20, effective October 18, 1985) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

161.1211. Classification of teachers.

  1. The Education Professional Standards Board shall rank teachers as follows:
    1. Rank I. Those holding regular certificates who have met the requirements for Rank II and have additionally earned:
      1. A master’s degree in a subject field approved by the Education Professional Standards Board or equivalent continuing education;
      2. Initial certification of the National Board for Professional Teaching Standards; or
      3. Thirty (30) additional semester hours of approved graduate work or equivalent continuing education.
    2. Rank II. Those holding regular certificates and who:
      1. Have a master’s degree in a subject field approved by the Education Professional Standards Board;
      2. Have earned initial certification of the National Board for Professional Teaching Standards; or
      3. Have completed equivalent continuing education.
    3. Rank III. Those holding regular certificates and who have an approved four (4) year college degree or the equivalent.
    4. Rank IV. Those holding emergency certificates and who have ninety-six (96) to one hundred twenty-eight (128) semester hours of approved college training or the equivalent.
    5. Rank V. Those holding emergency certificates and who have sixty-four (64) to ninety-five (95) semester hours of approved college training or the equivalent.
  2. In determining ranks, the Education Professional Standards Board shall classify teachers who hold valid certificates in the respective ranks according to approved college semester hours of credit or equivalent continuing education. The board, in defining preparation for certain types of vocational teachers as equivalent to college training, shall give consideration to apprenticeship training and industrial experience.
  3. For purposes of the state salary schedule only as referenced in KRS 158.070 , rank shall be determined on September 15 of each year.
  4. Nothing in this section shall allow the Education Professional Standards Board by regulation to reclassify downward any teachers in Ranks II or I.

The board shall not allow a teacher who qualified for Rank I status on the basis of his or her national board certification to maintain that classification if the national board certificate is revoked for misconduct or voided for other reasons.

The board shall not allow a teacher who qualified for Rank II status on the basis of his or her national board certification to maintain that classification if the national board certificate is revoked for misconduct or voided for other reasons.

History. Enact. Acts 2000, ch. 527, § 7, effective July 14, 2000; 2006, ch. 87, § 1, effective July 12, 2006; 2020 ch. 113, § 1, effective July 15, 2020.

161.122. Career-ladder commission to develop pilot program — Commission report required — Initiation of two-year program. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 397, § 2, effective July 13, 1984; 1985 (1st Ex. Sess.), ch. 10, § 21, effective October 18, 1985) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

161.1221. Out-of-field teaching.

  1. The Education Professional Standards Board shall define “out-of-field” teaching and inform all local school districts of the definition.
  2. By November 15 of each year, the Education Professional Standards Board shall identify every teacher assigned classes out-of-field in the current school year and shall inform the Kentucky Department of Education.
  3. The Kentucky Department of Education shall provide to each school district a summary of the teachers identified as teaching out-of-field and give the district opportunity to correct the situation during the year. No teacher shall be reduced in salary due to being involuntarily moved out-of-field or being hired into a position out of his or her field. Emergency certification shall not be a valid reason for reducing any certified teacher’s salary.

History. Enact. Acts 2000, ch. 527, § 6, effective July 14, 2000; 2004, ch. 117, § 4, effective July 13, 2004; 2005, ch. 111, § 3, effective June 20, 2005.

161.1222. Pilot teacher internship program — Report to Interim Joint Committee on Education — Appropriated funds.

  1. Whereas, the Education Professional Standards Board is studying the value of modifying the current teacher internship program under KRS 161.030 to provide improved support for beginning teachers, and whereas, the Education Professional Standards Board has received a federal Teacher Quality Enhancement Grant under incentives provided by the 1999 amendments to the Higher Education Act, Pub. L. No. 105-244, to support a pilot program to address this issue and other improvements to teacher preparation, the board is authorized, notwithstanding the requirements of KRS 161.030 (5), to conduct a pilot program to study a two (2) year internship program. The pilot program may serve up to eight hundred (800) interns. The program shall be conducted between July 1, 2003, and June 30, 2007.
  2. All interns in the pilot program shall be governed by the provisions of KRS 161.030 , except requirements specified in subsections (5), (6), (7), and (9) of KRS 161.030 which the board may deem inappropriate to the pilot program and which shall be modified in administrative regulations promulgated by the board. The board shall promulgate administrative regulations that specify:
    1. Conditions under which prospective intern candidates shall be chosen for participation;
    2. Incentives to encourage participation in the two (2) year pilot program;
    3. Responsibilities of the beginning teacher committee;
    4. Duties of teacher mentors;
    5. Certification options for interns who may leave the pilot program or lose employment during the pilot years or who have not successfully completed the internship within the two (2) year period;
    6. Time, content, and assessment requirements during the mentoring and assessment phases of the internship period; and
    7. Other provisions necessary to implement the pilot program.
  3. The two (2) year internship period shall be counted as experience for teachers for the purpose of continuing contract status, retirement eligibility, and benefits for single salary experience increments.
  4. A professional teaching certificate shall not be awarded to a participant in the pilot project until successful completion of the pilot internship program.
  5. Participation in the pilot internship program shall not exempt the interns from personnel evaluations to be conducted under KRS 156.557 .
  6. The board shall collect data, conduct formal evaluations throughout the pilot project, and complete analyses of the data. The board shall provide preliminary findings to the Interim Joint Committee on Education by October 1, 2005, and October 1, 2006, and a final report by October 1, 2007. The reports shall provide data and information relating to the value and costs of a two (2) year internship program, including the benefits of additional mentoring for new teachers, the impact on the retention of new teachers, and the impact on student learning.
  7. Notwithstanding KRS 45.229 , beginning with the 2003-2004 fiscal year, the board may carry forward general funds appropriated for the internship program into the next fiscal year and each subsequent fiscal year through fiscal year 2006-2007 in an amount necessary to support the interns’ second year internship experience and to match the federal funds appropriated under the grant described in subsection (1) of this section.

History. Enact. Acts 2003, ch. 6, § 1, effective March 7, 2003; 2005, ch. 111, § 4, effective June 20, 2005.

Compiler’s Notes.

The Higher Education Act referred to herein, is primarily compiled as 20 USCS §§ 1001 et seq.

Pub. L. No. 105-244 referenced above is cited as the “Higher Education Amendments of 1998.” Section 201 of this Act relates to teacher quality enhancement grants and is compiled at 20 USCS §§ 1021, et seq.

161.123. Reciprocity certification for out-of-state teachers.

Notwithstanding any other statute to the contrary, an experienced, out-of-state teacher shall qualify for a regular provisional certificate if the applicant:

  1. Completes the application process;
  2. Holds a valid certificate issued by the state where the applicant most recently taught; and
  3. Holds a valid certificate issued by the National Board of Professional Teaching Standards.

History. Enact. Acts 2000, ch. 257, § 6, effective July 14, 2000.

Interstate Agreement on Qualification of Educational Personnel

161.124. Interstate Agreement on Qualification of Educational Personnel.

The Interstate Agreement on Qualification of Educational Personnel is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:

History. Enact. Acts 1970, ch. 174, § 1; 1990, ch. 476, Pt. II, § 65, effective July 13, 1990.

ARTICLE I. PURPOSE, FINDINGS, AND POLICY

  1. The states party to this agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of these persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this agreement to provide for the development and execution of these programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end.
  2. The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage these personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower.

ARTICLE II. DEFINITIONS

As used in this agreement and contracts made pursuant to it, unless the context clearly requires otherwise:

  1. “Educational personnel” means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.
  2. “Designated state official” means the education official of a state selected by that state to negotiate and enter into, on behalf of his state, contracts pursuant to this agreement.
  3. “Accept,” or any variant thereof, means to recognize and give effect to one (1) or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.
  4. “State” means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.
  5. “Originating state” means a state and its subdivisions, if any, whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.
  6. “Receiving state” means a state and its subdivisions which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.

ARTICLE III. INTERSTATE EDUCATIONAL PERSONNEL CONTRACTS

  1. The designated state official of a party state may make one or more contracts on behalf of his state with one or more other party states providing for the acceptance of educational personnel. Any contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this agreement. A designated state official may enter into a contract pursuant to this Article only with states in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his own state.
  2. Any contract shall provide for:
    1. Its duration.
    2. The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state.
    3. Waivers, substitutions, and conditional acceptance as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.
    4. Any other necessary matters.
  3. No contract made pursuant to this agreement shall be for a term longer than five years but any contract may be renewed for like or lesser periods.
  4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.
  5. The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.
  6. A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states.

ARTICLE IV. APPROVED AND ACCEPTED PROGRAMS

  1. Nothing in this agreement should be construed to repeal or otherwise modify any law or regulation of a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state.
  2. To the extent that contracts made pursuant to this agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.

ARTICLE V. INTERSTATE COOPERATION

The party states agree that:

  1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this agreement.
  2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.

ARTICLE VI. AGREEMENT EVALUATION

The designated state officials of any party state may meet from time to time as a group to evaluate progress under the agreement, and to formulate recommendation for changes.

ARTICLE VII. OTHER ARRANGEMENTS

Nothing in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.

ARTICLE VIII. EFFECT AND WITHDRAWAL

  1. This agreement shall become effective when enacted into law by two (2) states. Thereafter it shall become effective as to any state upon its enactment of this agreement.
  2. Any party state may withdraw from this agreement by enacting a statute repealing the agreement, but no withdrawal shall take effect until one (1) year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states.
  3. No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.

ARTICLE IX. CONSTRUCTION AND SEVERABILITY

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the Constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the Constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.

161.126. Designation of executive director of the Education Professional Standards Board as state official under agreement — Handling contracts under agreement.

  1. The “designated state official” for this state shall be the executive director of the Education Professional Standards Board. The executive director shall enter into contracts pursuant to Article III of the agreement only with the approval of the specific text by the Education Professional Standards Board.
  2. True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the office of the Education Professional Standards Board and in the office of the Secretary of State. The executive director of the board shall publish all contracts in convenient form.

History. Enact. Acts 1970, ch. 174, §§ 2, 3; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. II, § 66, effective July 13, 1990; 2001, ch. 137, § 12, effective June 21, 2001.

161.130. Fees for certificates; agency fund account. [Repealed.]

Compiler’s Notes.

This section (4502-8; amend. Acts 1950, ch. 103, § 3) was repealed by Acts 1960, ch. 98.

National Board Certification of Teachers

161.131. Legislative findings and goals on national board certification.

  1. The General Assembly hereby finds that:
    1. Student achievement is directly related to the competency levels of the teachers and the teachers’ ability to nurture student learning;
    2. All students are entitled to have teachers who know the subjects they teach and who demonstrate skill for managing and monitoring student learning;
    3. Teachers who meet entry-level standards need support and opportunities to develop higher-level skills throughout their teaching careers;
    4. Certification through the National Board for Professional Teaching Standards is based on high and rigorous standards and provides a process of development and assessment of teachers’ knowledge, skills and abilities embedded in classroom practices in the certificate field; and
    5. Teachers who successfully meet the certification requirements through the National Board for Professional Teaching Standards can help strengthen the teaching profession within their schools and school districts by advising, assisting, and mentoring new teachers; by serving as role models and master teachers to student teachers; and by assisting other experienced teachers who seek national board certification.
  2. The General Assembly establishes, on behalf of the public school teachers and students in the Commonwealth, a goal that by the year 2020 there will be at least one (1) national board certified teacher in every public school in Kentucky.

History. Enact. Acts 2000, ch. 257, § 1, effective July 14, 2000.

161.132. Definitions for KRS 161.131 to 161.134 and KRS 157.395 and 161.123.

As used in KRS 161.131 to 161.134 and KRS 157.395 and 161.123 , unless the context otherwise requires:

  1. “Mentor” means a highly skilled, experienced teacher who provides systematic and on-going support and assistance to other teachers in a school or school district to help them improve their teaching skills and practices;
  2. “National Board for Professional Teaching Standards” and “national board” means a nonpartisan, independent, and nonprofit board composed of teachers and others that has developed a set of high and rigorous standards for accomplished teachers and that operates a national voluntary system to assess and certify teachers who meet their standards; and
  3. “National board certification” means a demonstration by an experienced teacher of his or her teaching practice as measured against high and rigorous standards through a comprehensive assessment process administered by the National Board for Professional Teaching Standards.

History. Enact. Acts 2000, ch. 257, § 2, effective July 14, 2000.

161.133. Teachers’ national certification incentive trust fund — Purposes — Appropriations.

  1. There is hereby established a “Teachers’ National Certification Incentive Trust Fund” in the State Treasury for the purposes of:
    1. Funding stipends for teachers to prepare for certification by the National Board for Professional Teaching Standards;
    2. Reimbursing a portion of the certification fee to each teacher who is awarded national board certification;
    3. Reimbursing local boards of education or the Department of Education for persons who serve as substitute teachers for national board certification candidates; and
    4. Funding stipends for national board certified teachers who serve as mentors to other teachers within the school district or the Kentucky Tech system.
  2. Appropriations by the General Assembly in each biennial budget for the purpose of supporting national board certification shall be credited to the fund and invested until needed. All money credited to the fund, including interest earned on money in the fund, shall be retained in the fund for reinvestment and used for the purposes of this section. Funds appropriated to the fund shall not lapse at the end of a fiscal year or a biennium.
  3. The Education Professional Standards Board shall promulgate administrative regulations that establish the procedures for the administration of the funds as described in this section and the requirements for participating teachers, local boards of education, and the Department of Education. The board shall allocate only those funds to teachers, school districts, or the department for the purposes in this section for which other sources of funds are not being received. The board may limit the number of participants accepted in any given enrollment or application period due to the lack of available funds.
  4. Money in the fund shall be distributed to local boards of education, the Department of Education, and teachers by the Education Professional Standards Board in compliance with the administrative regulations promulgated by the board.

History. Enact. Acts 2000, ch. 257, § 3, effective July 14, 2000; 2003, ch. 160, § 1, effective March 31, 2003; 2010, ch. 39, § 2, effective July 15, 2010; 2013, ch. 59, § 45, effective June 25, 2013.

161.134. Preparation for national board certification — Incentives — Authority to prorate reimbursements if funds insufficient — Administrative regulations for mentoring program.

    1. A teacher pursuing national board certification shall receive from the fund established under KRS 161.133 a stipend of two hundred dollars ($200) per day for two (2) days beyond the school contract year to prepare for the certification assessments. (1) (a) A teacher pursuing national board certification shall receive from the fund established under KRS 161.133 a stipend of two hundred dollars ($200) per day for two (2) days beyond the school contract year to prepare for the certification assessments.
    2. A local board of education shall provide five (5) days’ released time during the school year for a teacher pursuing national board certification. The local board of education shall request reimbursement from the fund established under KRS 161.133 for substitute teacher pay based on the local board of education salary schedule for substitute teachers and for stipends paid to a teacher described in subsection (3) of this section. A local board of education may, at its own expense, provide additional released time for teachers pursuing national board certification.
    3. If a teacher does not successfully complete all assessments required for national board certification during a school year, the provisions in this subsection may be applied to a second school year.
    4. When funds are not available to fully fund the requirements of paragraphs (a), (b), and (c) of this subsection for all national board applicants, the board may prorate the specified reimbursements in paragraphs (a) and (b) and may limit the conditions under which provisions of paragraph (c) shall be applied to second year participants. The board shall establish the procedures for carrying out the provisions of this subsection in an administrative regulation.
    1. As of July 14, 2000, a teacher who attains national board certification shall be reimbursed seventy-five percent (75%) of the certification fee for the initial ten (10) year certificate, except the Education Professional Standards Board may decrease the percentage of reimbursement if a teacher receives payment other than a repayable loan for the same purpose from another source and the cumulative amount would exceed one hundred percent (100%) of the cost of the certification fee. (2) (a) As of July 14, 2000, a teacher who attains national board certification shall be reimbursed seventy-five percent (75%) of the certification fee for the initial ten (10) year certificate, except the Education Professional Standards Board may decrease the percentage of reimbursement if a teacher receives payment other than a repayable loan for the same purpose from another source and the cumulative amount would exceed one hundred percent (100%) of the cost of the certification fee.
    2. Fees for retaking one (1) or more entries of the national board assessment for the initial national board certificate and fees for renewal of the certificate shall be at the teacher’s expense.
    3. Nothing in this subsection shall prohibit the board from reimbursing a percentage of the initial certification fee to a teacher who has received a repayable loan from a local board of education or other agency to offset initial costs.
  1. A national board certified teacher may receive a stipend in addition to his or her annual compensation for serving as a mentor to teachers within his or her school or school district. The Education Professional Standards Board shall promulgate administrative regulations under which a local board of education, in cooperation with the school-based decision making council, may establish a mentoring program within a school to utilize national board certified teachers. The administrative regulations shall specify the conditions for the mentoring program as well as the amount of the stipend that will be provided to a teacher serving as a mentor.

History. Enact. Acts 2000, ch. 257, § 4, effective July 14, 2000; 2003, ch. 160, § 2, effective March 31, 2003.

Research References and Practice Aids

2008-2010 Budget Reference.

See State/Executive Branch Budget, 2008 Ky. Acts ch. 127, Pt. I, E, 10, (1) at 510; and State/Executive Branch Budget Memorandum, 2008 Ky. Acts ch. 188, at 1413 (Final Budget Memorandum, Vol. III, at E-38).

Regulations as to School Employees

161.140. Duties of school employees prescribed by board of education. [Repealed.]

Compiler’s Notes.

This section (4503-1) was repealed by Acts 1982, ch. 34, § 1, effective July 15, 1982.

161.141. Requirements and prohibitions concerning public charter school employees and local school boards.

  1. As used in this section, “public charter school,” “local school board,” and “local school district” have the same meanings as in KRS 160.1590 .
    1. Public charter school employees shall participate in the Teachers’ Retirement System or the County Employees Retirement System, as determined by their eligibility for participation in the appropriate system and provided the public charter school satisfies the criteria set by the Internal Revenue Service to participate in a governmental retirement plan. (2) (a) Public charter school employees shall participate in the Teachers’ Retirement System or the County Employees Retirement System, as determined by their eligibility for participation in the appropriate system and provided the public charter school satisfies the criteria set by the Internal Revenue Service to participate in a governmental retirement plan.
    2. Teachers and other certified personnel shall make any required employee contributions to the Teachers’ Retirement System under KRS 161.220 to 161.716 .
    3. Classified employees shall make any required employee contributions to the County Employees Retirement System under KRS 78.510 to 78.852 .
    1. A public charter school employee shall not be required to be a member of any collective bargaining agreement. (3) (a) A public charter school employee shall not be required to be a member of any collective bargaining agreement.
    2. A public charter school employee who enters into any collective bargaining unit must do so as a separate unit from the local school district.
  2. A local school board shall not require any employee of the local school district to be employed in a public charter school or any student enrolled in the school district to attend a public charter school.
  3. A local school board shall not harass, threaten, discipline, discharge, retaliate, or in any manner discriminate against any district employee involved directly or indirectly with an application to establish a public charter school.

HISTORY: 2017 ch. 102, § 11, effective June 29, 2017.

161.145. Cost of physical examination required for employment of classified personnel.

  1. When a physical examination is required as a condition of employment of classified personnel, excluding bus drivers, the examination shall be provided at no cost to the employee by the board. The examination shall be provided by the county health department if appropriate health department personnel are available.
  2. If employee elects to be examined by private physician, the cost of examination shall be borne by employee.
  3. Each examination shall include a risk assessment and the appropriate follow-up with skin testing or chest X-ray for applicants who are determined to be at risk for developing tuberculosis in accordance with the recommendations of the Centers for Disease Control and Prevention. The risk assessment and the appropriate follow-up for those determined to be at risk shall be conducted prior to August 1 of the employable year in which the person is employed.

History. Enact. Acts 1980, ch. 70, § 1, effective March 20, 1980; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 475, effective July 13, 1990; 2008, ch. 144, § 2, effective July 15, 2008.

Compiler’s Notes.

This section (Enact. Acts 1980, ch. 70, § 1, effective March 20, 1980) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 475, effective July 13, 1994.

Opinions of Attorney General.

KRS 336.220 does not apply to public employers and under this section the Board of Education is not required to pay the cost of physical examinations of bus drivers who work for the board. OAG 91-1 .

161.148. Use of volunteer personnel — Criminal records check — Orientation — Exception.

  1. As used in this section, “volunteers” means adults who assist teachers, administrators, or other staff in public school classrooms, schools, or school district programs, and who do not receive compensation for their work.
  2. Local school districts may utilize adult volunteers in supplementary instructional and noninstructional activities with pupils under the direction and supervision of the professional administrative and teaching staff.
  3. Each board of education shall develop policies and procedures that encourage volunteers to assist in school or district programs.
  4. Each local board of education shall develop and adopt a policy requiring a state criminal records check on all volunteers who have contact with students on a regularly scheduled or continuing basis, or who have supervisory responsibility for children at a school site or on school-sponsored trips. The request for records may be from the Justice and Public Safety Cabinet or the Administrative Office of the Courts, or both, and shall include records of all available convictions as described in KRS 17.160(1). Any request for a criminal records check of a volunteer under this subsection shall be on a form or through a process approved by the Justice and Public Safety Cabinet or the Administrative Office of the Courts. If the cabinet or the Administrative Office of the Courts charges fees, the local board of education shall arrange to pay the cost which may be from local funds or donations from any source including volunteers.
  5. The local board of education shall provide orientation material to all volunteers who have contact with students on a regularly scheduled or continuing basis, including school policies, safety and emergency procedures, and other information deemed appropriate by the local board of education.
  6. The provisions of this section shall not apply to students enrolled in an educational institution and who participate in observations and educational activities under direct supervision of a local school teacher or administrator in a public school.

History. Enact. Acts 2000, ch. 336, § 1, effective July 14, 2000; 2001, ch. 60, § 1, effective June 21, 2001; 2007, ch. 85, § 170, effective June 26, 2007.

161.150. Minimum salary for teachers. [Repealed.]

Compiler’s Notes.

This section (4399-46) was repealed by Acts 1954, ch. 214, § 16.

161.151. Removal of references to criminal allegations not resulting in charge or conviction from school employee’s personnel file — Nonpreclusion of separate investigation.

  1. All records and references relating to an allegation of a criminal offense committed by a school employee that did not lead to formal charges and all records relating to a criminal proceeding in which a school employee was found not guilty or the charges were dismissed shall be removed from the school employee’s personnel file by the superintendent or the superintendent’s designee in the local school district.
  2. The provisions of subsection (1) of this section shall not preclude a school district from separately investigating, taking action upon, and creating and maintaining records on the same or a similar fact situation upon which the allegations of a criminal offense was based.

History. Enact. Acts 1998, ch. 469, § 1, effective July 15, 1998.

161.152. Emergency leave for school employees.

  1. For the purpose of this section, “school personnel” shall mean any person employed as a full-time employee in the public schools.
  2. Each district board of education may allow each person employed as a full-time employee in the public schools not to exceed three (3) emergency days per school year for reasons designated by the district board of education, without loss of salary to the employee and without affecting his sick leave.
  3. Personal leave granted under this section shall not be treated as having effect on the provisions of KRS 161.155 , except that school personnel, after using the maximum days allowed in subsection (2) of this section, may, upon the recommendation of the school district superintendent and approval of the district board of education, use up to three (3) sick-leave days per school year for emergency leave according to the district board policy as established pursuant to subsection (2) of this section.
  4. Payments made by a district board of education under the provisions of this section are presumed to be for services rendered and for the benefit of the common schools and the payments do not affect the eligibility of any school district to participate in the public school funding program as established in KRS Chapter 157.

History. Enact. Acts 1970, ch. 170, § 1; 1986, ch. 126, § 1, effective July 15, 1986; 1990, ch. 476, § 238, effective July 13, 1990.

Opinions of Attorney General.

Under this section the granting of emergency leave is discretionary on the part of the board of education, and if the board, within its discretion, decides to grant emergency leave, this section provides that the district board of education may designate the specific reasons for which the leave will be granted, and limitations which exclude the death of a mother-in-law from the emergency leave benefits is a legal limitation. OAG 71-199 .

The fact that teachers of the Jewish faith are not granted emergency days with pay when they are absent on religious holidays does not constitute unjust discrimination against such teachers. OAG 72-348 .

A school board does not have to have an emergency leave regulation, but if it does have one, it cannot provide that emergency leave shall be charged as sick leave. OAG 73-832 .

Proposal of school board to grant certified personnel two emergency leave days and one personal leave day for a total of three and to grant noncertified personnel three emergency leave days and no personal leave days does not follow the requirements of this section and KRS 161.154 and the board cannot permit two emergency days for certified personnel and three emergency days for noncertified personnel. OAG 76-427 .

If a teacher is absent on an extended school day and is not covered by sick leave, personal leave or emergency death leave, he or she loses one and one-fifth day’s salary. OAG 78-367 .

161.153. Leave for jury duty for teachers and state employees.

  1. Any teacher or state employee, except employees subject to the provisions of KRS Chapter 18A, who serves on a jury in any duly constituted local, state, or federal court shall be granted leave with full compensation, less any compensation received as jury pay, for the period of his actual jury service, which leave shall be in addition to all other leave to which the teacher or state employee may be entitled.
  2. Any state employee who is subject to the provisions of KRS Chapter 18A and who serves on a jury in any duly constituted local, state, or federal court shall be granted leave with full compensation for the period of his actual jury service, which shall be in addition to all other leave to which the employee may be entitled.

History. Enact. Acts 1972, ch. 97, § 1; 1978, ch. 269, § 8, effective June 17, 1978; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 476, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 97, § 1; 1978, ch. 269, § 8, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 476, effective July 13, 1990.

Opinions of Attorney General.

A teacher is to receive his or her school teacher’s compensation less $5.00 per day received as jury pay, but the $7.50 per diem received need not be deducted from the teacher’s regular compensation. OAG 78-696 .

161.154. Personal leave days for school employees.

  1. For the purpose of this section, “school employees” shall mean any person for whom certification is required as a basis of employment in the public schools.
  2. Each district board of education may provide up to three (3) personal leave days per school year to school employees, without loss of salary to the employee and without affecting any other type of leave granted by law, regulation, or school board policy. Local boards of education may establish policy regarding the number of teachers who may take personal leave on any one (1) day.
  3. Personal leave granted under this section shall not be treated as having effect on the provisions of KRS 161.152 to 161.155 and shall be supported by personal affidavit of the school employee stating that the leave taken is personal in nature; no other reason for or verification of the leave shall be required.
  4. Payments to school employees made by a district board of education under the provisions of this section are presumed to be for services rendered and for the benefit of the common schools and such payments do not affect the eligibility of any school district to share in the distribution of funds from the public school foundation program fund as established in KRS Chapter 157.

History. Enact. Acts 1976, ch. 238, § 1; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 477, effective July 13, 1990.

Compiler’s Notes.

This section as enacted (Enact. Acts 1976, ch. 238, § 1) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 477, effective July 13, 1990.

161.155. Definitions for section — Salary, benefits, and leave for employee or teacher when victim of assault — Sick leave for employee or teacher — Sick leave bank — Sick leave donation program — Payment for unused sick leave upon retirement or death. [Declared void — See LRC Note Below]

  1. As used in this section:
    1. “Teacher” shall mean any person for whom certification is required as a basis of employment in the common schools of the state;
    2. “Employee” shall mean any person, other than a teacher, employed in the public schools, whether on a full or part-time basis;
    3. “Immediate family” shall mean the teacher’s or employee’s spouse, children including stepchildren and foster children, grandchildren, daughters-in-law and sons-in-law, brothers and sisters, parents and spouse’s parents, and grandparents and spouse’s grandparents, without reference to the location or residence of said relative, and any other blood relative who resides in the teacher’s or employee’s home;
    4. “Sick leave bank” shall mean an aggregation of sick leave days contributed by teachers or employees for use by teachers or employees who have exhausted all sick leave and other available paid leave days; and
    5. “Assault” shall mean an act that intentionally causes injury so significant that the victim is determined to be, by certification of a physician or surgeon duly qualified under KRS Chapter 342, incapable of performing the duties of his or her job.
  2. Each district board of education shall allow to each teacher and full-time employee in its common school system not less than ten (10) days of sick leave during each school year, without deduction of salary. Sick leave shall be granted to a teacher or employee if he or she presents a personal affidavit or a certificate of a physician stating that the teacher or employee was ill, that the teacher or employee was absent for the purpose of attending to a member of his or her immediate family who was ill, or for the purpose of mourning a member of his or her immediate family. The ten (10) days of sick leave granted in this subsection may be taken by a teacher or employee on any ten (10) days of the school year and shall be granted in addition to accumulated sick leave days that have been credited to the teacher or employee under the provisions of subsection (4) of this section.
  3. A school district shall coordinate among the income and benefits from workers’ compensation, temporary disability retirement, and district payroll and benefits so that there is no loss of income or benefits to a teacher or employee for work time lost because of an assault while performing the teacher’s or employee’s assigned duties for a period of up to one (1) year after the assault. In the event a teacher or employee suffers an assault while performing his or her assigned duties that results in injuries that qualify the teacher or employee for workers’ compensation benefits, the district shall provide leave to the teacher or employee for up to one (1) year after the assault with no loss of income or benefits under the following conditions:
    1. The district shall pay the salary of the teacher or employee between the time of the assault and the time the teacher’s or employee’s workers’ compensation income benefits take effect, or the time the teacher or employee is certified to return to work by a physician or surgeon duly qualified under KRS Chapter 342, whichever is sooner;
    2. The district shall pay, for up to one (1) year from the time of the assault, the difference between the salary of the teacher or employee and any workers’ compensation income benefits received by the teacher or employee resulting from the assault. Payments by the district shall include payments for intermittent work time missed as a result of the assault during the one (1) year period. If the teacher’s or employee’s workers’ compensation income benefits cease during the one (1) year period after the assault, the district shall also cease to make payments under this paragraph;
    3. The Commonwealth, through the Kentucky Department of Education, shall make the employer’s health insurance contribution during the period that the district makes payments under paragraphs (a) and (b) of this subsection;
    4. The Commonwealth, through the Kentucky Department of Education, shall make the employer’s contribution to the retirement system in which the teacher or employee is a member during the period that the district makes payments under paragraphs (a) and (b) of this subsection; and
    5. Payments to a teacher or employee under paragraphs (a) and (b) of this subsection shall be coordinated with workers’ compensation benefits under KRS Chapter 342, disability retirement benefits for teachers under KRS 161.661 to 161.663 , and disability retirement benefits for employees under KRS 61.600 to 61.621 and 78.545 so that the teacher or employee receives income equivalent to his or her full contracted salary, but in no event shall the combined payments exceed one hundred percent (100%) of the teacher’s or employee’s full contracted salary.
  4. Days of sick leave not taken by an employee or a teacher during any school year shall accumulate without limitation and be credited to that employee or teacher. Accumulated sick leave may be taken in any school year. Any district board of education may, in its discretion, allow employees or teachers in its common school system sick leave in excess of the number of days prescribed in this section and may allow school district employees and teachers to use up to three (3) days’ sick leave per school year for emergency leave pursuant to KRS 161.152(3). Any accumulated sick leave days credited to an employee or a teacher shall remain so credited in the event he or she transfers his or her place of employment from one (1) school district to another within the state or to the Kentucky Department of Education or transfers from the Department of Education to a school district.
  5. Accumulated days of sick leave shall be granted to a teacher or employee if, prior to the opening day of the school year, an affidavit or a certificate of a physician is presented to the district board of education, stating that the teacher or employee is unable to commence his or her duties on the opening day of the school year, but will be able to assume his or her duties within a period of time that the board determines to be reasonable.
  6. Any school teacher or employee may repurchase previously used sick leave days with the concurrence of the local school board by paying to the district an amount equal to the total of all costs associated with the used sick leave.
  7. A district board of education may adopt a plan for a sick leave bank. The plan may include limitations upon the number of days a teacher or employee may annually contribute to the bank and limitations upon the number of days a teacher or employee may annually draw from the bank. Only those teachers or employees who contribute to the bank may draw upon the bank. Days contributed will be deducted from the days available to the contributing teacher or employee. The sick leave bank shall be administered in accordance with a policy adopted by the board of education.
    1. A district board of education shall establish a sick leave donation program to permit teachers or employees to voluntarily contribute sick leave to teachers or employees in the same school district who are in need of an extended absence from school. A teacher or employee who has accrued more than fifteen (15) days’ sick leave may request the board of education to transfer a designated amount of sick leave to another teacher or employee who is authorized to receive the sick leave donated. A teacher or employee may not request an amount of sick leave be donated that reduces his or her sick leave balance to less than fifteen (15) days. (8) (a) A district board of education shall establish a sick leave donation program to permit teachers or employees to voluntarily contribute sick leave to teachers or employees in the same school district who are in need of an extended absence from school. A teacher or employee who has accrued more than fifteen (15) days’ sick leave may request the board of education to transfer a designated amount of sick leave to another teacher or employee who is authorized to receive the sick leave donated. A teacher or employee may not request an amount of sick leave be donated that reduces his or her sick leave balance to less than fifteen (15) days.
    2. A teacher or employee may receive donations of sick leave if:
        1. The teacher or employee or a member of his or her immediate family suffers from a medically certified illness, injury, impairment, or physical or mental condition that has caused or is likely to cause the teacher or employee to be absent for at least ten (10) days; or 1. a. The teacher or employee or a member of his or her immediate family suffers from a medically certified illness, injury, impairment, or physical or mental condition that has caused or is likely to cause the teacher or employee to be absent for at least ten (10) days; or
        2. The teacher or employee suffers from a catastrophic loss to his or her personal or real property, due to either a natural disaster or fire, that either has caused or will likely cause the employee to be absent for at least ten (10) consecutive working days;
      1. The teacher’s or employee’s need for the absence and use of leave are certified by a licensed physician for leave requested under subparagraph 1.a. of this subsection;
      2. The teacher or employee has exhausted his or her accumulated sick leave, personal leave, and any other leave granted by the school district; and
      3. The teacher or employee has complied with the school district’s policies governing the use of sick leave.
    3. While a teacher or employee is on sick leave provided by this section, he or she shall be considered a school district employee, and his or her salary, wages, and other employee benefits shall not be affected.
    4. Any sick leave that remains unused, is not needed by a teacher or employee, and will not be needed in the future shall be returned to the teacher or employee donating the sick leave.
    5. The board of education shall adopt policies and procedures necessary to implement the sick leave donation program.
  8. A teacher or employee may use up to thirty (30) days of sick leave following the birth or adoption of a child or children. Additional days may be used when the need is verified by a physician’s statement.
    1. After July 1, 1982, and except as otherwise provided by this subsection, a district board of education may compensate, at the time of retirement or upon the death of a member in active contributing status at the time of death who was eligible to retire by reason of service, an employee or a teacher, or the estate of an employee or teacher, for each unused sick leave day. The rate of compensation for each unused sick leave day shall be based on a percentage of the daily salary rate calculated from the employee’s or teacher’s last annual salary, not to exceed thirty percent (30%). Payment for unused sick leave days, not to exceed the amount based upon the unused sick leave days accrued as of December 31, 2018, shall be incorporated into the annual compensation of the final year of service for inclusion in the calculation of the employee’s or teacher’s retirement allowance only at the time of his or her initial retirement; provided that the member makes the regular retirement contribution for members on the sick leave payment. The accumulation of these days includes unused sick leave days held by the employee or teacher at the time of implementation of the program. (10) (a) After July 1, 1982, and except as otherwise provided by this subsection, a district board of education may compensate, at the time of retirement or upon the death of a member in active contributing status at the time of death who was eligible to retire by reason of service, an employee or a teacher, or the estate of an employee or teacher, for each unused sick leave day. The rate of compensation for each unused sick leave day shall be based on a percentage of the daily salary rate calculated from the employee’s or teacher’s last annual salary, not to exceed thirty percent (30%). Payment for unused sick leave days, not to exceed the amount based upon the unused sick leave days accrued as of December 31, 2018, shall be incorporated into the annual compensation of the final year of service for inclusion in the calculation of the employee’s or teacher’s retirement allowance only at the time of his or her initial retirement; provided that the member makes the regular retirement contribution for members on the sick leave payment. The accumulation of these days includes unused sick leave days held by the employee or teacher at the time of implementation of the program.
    2. For a teacher or employee who begins employment with a local school district on or after July 1, 2008, the maximum amount of unused sick leave days a district board of education may recognize in calculating the payment of compensation to the teacher or employee under this subsection shall not exceed three hundred (300) days.
  9. Any statute to the contrary notwithstanding, employees and teachers who transferred from the Department of Education to a school district, from a school district to the Department of Education, or from one (1) school district to another school district after July 15, 1981, shall receive credit for any unused sick leave to which the employee or teacher was entitled on the date of transfer. This credit shall be for the purposes set forth in subsection (10) of this section.
  10. The death benefit provided in subsection (10) of this section may be cited as the Baughn Benefit.

HISTORY: Enact. Acts 1948, ch. 88; 1962, ch. 75; 1968, ch. 27; 1970, ch. 184, § 1; 1974, ch. 7, § 1; 1974, ch. 274, § 1; 1976, ch. 132, § 1; 1976, ch. 239, § 1; 1980, ch. 244, § 1, effective July 15, 1980; 1982, ch. 35, § 1, effective July 15, 1982; 1982, ch. 314, § 1, effective July 15, 1982; 1982, ch. 326, § 1, effective July 1, 1982; 1986, ch. 54, § 1, effective July 15, 1986; 1986, ch. 126, § 2, effective July 15, 1986; 1986, ch. 395, § 1, effective July 15, 1986; 1986, ch. 450, § 1, effective July 15, 1986; 1988, ch. 363, § 20, effective July 1, 1988; 1988, ch. 375, § 1, effective July 15, 1988; 1990, ch. 483, § 4, effective July 13, 1990; 1990, ch. 476, Pt. V, § 478, effective July 13, 1990; 1996, ch. 147, § 1, effective July 15, 1996; 1996, ch. 309, § 1, effective July 15, 1996; 1998, ch. 530, § 1, effective July 15, 1998; 2000, ch. 137, § 1, effective July 14, 2000; 2000, ch. 381, § 1, effective July 14, 2000; 2000, ch. 390, § 1, effective July 14, 2000; 2000, ch. 485, § 1, effective July 14, 2000; 2002, ch. 138, § 1, effective July 15, 2002; 2004, ch. 145, § 1, effective July 13, 2004; 2006, ch. 52, § 2, effective July 12, 2006; 2008 (1st Ex. Sess.), ch. 1, § 28, effective June 27, 2008; 2010, ch. 164, § 2, effective July 1, 2010; 2018 ch. 107, § 44, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

NOTES TO DECISIONS

  1. Purpose.
  2. Transfer of Accumulated Leave.
  3. Reduction of Accumulated Leave.
  4. Property Interest.
  5. Liability for Improper Application.
  6. Accumulation Above Statutory Caps.
1. Purpose.

The sick leave statute and the tenure statute, as embodied in this section and in KRS 161.740 respectively, are both designed to protect a teacher by allowing transfer from one school district to another without losing accumulated benefits. Young v. Board of Education, 661 S.W.2d 787, 1983 Ky. App. LEXIS 384 (Ky. Ct. App. 1983).

2. Transfer of Accumulated Leave.

Even though the legislature has not specifically defined a meaning for the phrase, “transfers his place of employment from one school district to another within the state” as used in subsection (3) (now (4)) of this section, it is quite logical to infer that the construction to be applied to the statutory language infers that the sick leave statute requires continuity of employment from one district to another district. Young v. Board of Education, 661 S.W.2d 787, 1983 Ky. App. LEXIS 384 (Ky. Ct. App. 1983).

Under the provisions of subsection (3) (now (4)) of this section, in order for accumulated sick leave days to remain credited upon transfer from one school district to another within the state, the transfer must be a direct one; accordingly, county board of education properly refused to credit teacher, who left school system entirely and subsequently returned, with the unused sick leave days accumulated during her first period of employment in the public school system. Young v. Board of Education, 661 S.W.2d 787, 1983 Ky. App. LEXIS 384 (Ky. Ct. App. 1983).

3. Reduction of Accumulated Leave.

The conduct of the school board in reducing the teacher’s unused accumulated sick leave was rational in that it desired to conform its records with this section, and no denial of substantive due process took place. Sublette v. Board of Education, 664 F. Supp. 265, 1987 U.S. Dist. LEXIS 10597 (W.D. Ky. 1987 ).

4. Property Interest.

This section, as well as the recording of the teacher’s accumulated sick leave days on her sick leave cards by school officials, could have created a legitimate claim of entitlement by the teacher to her accumulated sick leave days; consequently, she could have had a constitutionally protected property interest in those days and could not be deprived of such interest without being afforded due process of law. Ramsey v. Board of Educ., 844 F.2d 1268, 1988 U.S. App. LEXIS 5433 (6th Cir. Ky. 1988 ).

5. Liability for Improper Application.

A county board of education could not be held accountable for the failure of its superintendents to properly apply this section. Ramsey v. Board of Educ., 789 S.W.2d 784, 1990 Ky. App. LEXIS 19 (Ky. Ct. App. 1990).

6. Accumulation Above Statutory Caps.

There is no dispute but that this section requires affirmative action by a board of education to allow accumulation above the statutory caps. Ramsey v. Board of Educ., 789 S.W.2d 784, 1990 Ky. App. LEXIS 19 (Ky. Ct. App. 1990).

Opinions of Attorney General.

Subsection (2) of this section includes sick leave for mental or emotional illnesses as well as physical sickness. OAG 60-1193 .

Under this section the cause of the illness is not controlling and sick leave is allowed for illness due to pregnancy. OAG 61-13 .

A school board has legal authority to purchase liability insurance to cover the liability for sick leave payments imposed by this section. OAG 64-841 .

This section does not authorize a “lump-sum” payment of additional salary in lieu of accumulated sick leave at the termination of employment either during or at the end of the school year or in the event of the termination of employment for purposes of retirement. OAG 67-371 .

Subsection (2) of this section authorizes the use of either a personal affidavit or a physician’s certificate to support a sick leave absence and a regulation of the board prohibiting the use of the personal affidavit would be improper. OAG 67-447 .

Aside from the inherent right of the board to disallow sick leave by reason of fraud, the allowance of sick leave, within the minimum prescribed by this section, upon the presentment of a personal affidavit or physician’s certificate is not discretionary. OAG 67-523 .

The phrase “member of his immediate family,” added to this section by the 1970 amendment, includes any member of the teacher’s household who is bound to the teacher by blood or marriage. OAG 70-412 .

Maternity leave is not “sick leave” within the meaning of this section but a “leave of absence” under KRS 161.770 and as such it results in a cessation of salary benefits during the period of absence. OAG 70-730 .

There is no apparent legal basis for distinguishing between types of illnesses which may incapacitate a teacher for duty or for restoring and crediting, as accumulated sick leave, those sick leave days either unused during the 1958-68 period or cut off by the prior 20-day ceiling. OAG 71-144 .

Under this section a teacher not treated by a physician may present a personal affidavit and a teacher treated by a physician may present a certificate signed by the physician which need not be in the form of an affidavit. OAG 72-302 .

A teacher may receive full sick leave and worker’s compensation benefits at the same time. OAG 72-684 .

A school board does not have to have an emergency leave regulation, but if it does have one, it cannot provide that emergency leave shall be charged as sick leave. OAG 73-832 .

Whether or not a teacher was entitled to payment for accumulated sick leave was a question of fact within the province of the board of education to decide and in making the determination as to the facts the board could consider what effect its decision would have on similar circumstances which might arise in the future where the teacher presented a certificate of a physician stating that she was totally disabled from her teaching position but the board had in its possession a statement from another high school that part of the time during the teacher’s absence from her teaching position she was completing her library practice at that high school. OAG 74-119 .

A regulation by a board of education that not more than thirty days of accumulated sick leave may be used in one year is void. OAG 74-378 .

A public school teacher does not have an absolute right to receive paid sick leave, even if already accumulated, for a normal pregnancy but does have a statutory right to such leave for illness due to surgery performed after, but not connected with, the birth of the child. OAG 74-741 .

A teacher, who is absent to care for a spouse who is ill, is entitled to all accumulated sick leave up to 60 days as of June 21, 1974 and all accumulated, unused sick leave without limit after that date. OAG 75-209 .

Accumulated sick leave must, if requested, be given for childbirth but only for the days the physician certifies the teacher is actually disabled from performing her teaching duties, but this ruling need not be made retroactive. OAG 75-259 .

Although accumulated sick leave may not be granted for child care following childbirth, a leave of absence for that purpose is appropriate. OAG 75-259 .

A certificate by a physician signed by rubber stamp is sufficient certification of a teacher’s illness. OAG 75-359 .

In allowing paid sick leave for childbirth, a teacher should be granted leave only for the days she, or a member of her immediate family, were ill, based upon the presentation of her personal affidavit or the certificate of a physician. OAG 75-367 .

A public school teacher may claim sick leave in addition to receiving worker’s compensation benefits. OAG 75-604 (affirming OAG 40-041 ).

When a teacher transfers from the local board of education to the vocational school system, none of the teacher’s accrued benefits are carried over to the new position. OAG 76-151 .

A local board of education could establish a policy permitting a school principal to accept statements signed by teachers relating to request for sick leave even though the statements have not been notarized. OAG 77-307 .

Where a school teacher was ill and missed most of one month and part of the next, during which time the schools were closed 17 days due to severe weather and permission was granted by the department of education to cut short the school year by five days, as calamity days, the teacher was entitled to be paid for the calamity days; however, since she would have been unable to teach on these days, she must take these days as sick leave days under this section. OAG 78-311 .

If a teacher is absent on an extended school day and is not covered by sick leave, personal leave or emergency death leave, he or she loses one and one-fifth day’s salary. OAG 78-367 .

In the event a teacher is absent for illness during the time the school system is operating on the extended school day, this constitutes a deduction of one and one-fifth days from his or her current or accumulated sick leave. OAG 78-367 .

A local board of education continues to have at its reasonable discretion the authority to adopt a uniform policy relative to sick leave which would permit granting to teachers, who had resigned with accumulated sick leave and who were subsequently reemployed, part or all of the previously accumulated sick leave, and the length of time between resignation and reemployment issue is simply for the board to determine. OAG 79-148 .

KRS 161.740(1)(c) and subsection (3) (now (4)) of this section are quite similar and should be construed consistently one with the other. OAG 79-148 .

The language in this section that “any accumulated sick leave days, not to exceed thirty (30) days, credited to a teacher shall remain so credited in the event he transfers his place of employment from one school district to another within the state” contemplates a continuity of employment from one school district to another. OAG 79-148 .

Although this section will not permit a school board requirement of a physician’s certificate of an employee’s disability to work in that an affidavit of the teacher will suffice, there is nothing in KRS 161.770 to preclude a board of education from requiring a physician’s certificate; a school board could adopt such a policy pursuant to KRS 160.340(2)(e) which requires the board to adopt personnel policies that apply to certified employees. OAG 80-151 .

Sick leave with pay under this section is available to the pregnant teacher who is thereby disabled from performing her teaching duties, but a pregnant condition in and of itself would not entitle a teacher to sick leave; if, however, the teacher by affidavit or physician’s certificate states she is ill or otherwise disabled from teaching due to her “pregnancy, childbirth or other related medical conditions,” then a local board of education must permit the teacher to take days of accumulated sick leave. OAG 80-151 .

The teacher who requests and goes on a leave of absence under KRS 161.770 is not entitled to sick leave days authorized under this section; any sick leave accrued that is desired to be taken should be used before the teacher commences the leave of absence without pay status, authorized by KRS 161.770 . OAG 80-151 .

The language of this section stating that compensation may be credited for unused sick leave “after July 1, 1981,” does not prohibit crediting of such credit to those certificated employees, otherwise eligible, who retire prior to July 1, 1981, provided that the additional amount to be added to their last year of final salary, due to accumulated unused sick days, is determined not later than July 15, 1981. OAG 81-1 .

A plan which provides an annual bonus to teachers who use no sick leave is not legally permissible in Kentucky. There is no statute authorizing a bonus for unused sick leave and, if the legislature passed such a statute, it would be unconstitutional as violative of Ky. Const., § 3. OAG 82-316 .

The provisions of this section preempt the field of teachers’ sick leave and set the limits for local boards on that subject. OAG 82-316 .

A county school board may not by policy choose to compensate an employee or teacher, at the time of retirement, for less than all of the unused sick leave days rightly accumulated; although this section gives the board discretion in setting the rate of compensation as long as it doesn’t exceed 30 percent of the teacher’s last annual salary, the language of the section clearly requires that the retiring teacher be compensated for “each” unused sick leave day. OAG 83-191 .

A teacher may take his or her sick leave days on any day of the school year upon compliance with the statutorily required presentation of a personal affidavit or certificate of a physician or as provided for by an appropriately adopted regulation or policy of a local board of education, and a teacher who uses accumulated sick leave to cover a period of absence is not required to use a sick leave day when the schools are already closed for a paid holiday, since the teacher is authorized by KRS 158.070 to be paid for such holidays without the payment being charged to accumulated sick leave. OAG 83-457 .

The 1986 amendment to subsection (5) (now (9)) of this section is constitutionally valid so that a teacher may use up to 30 days of sick leave following the adoption of a child or children. OAG 86-66 .

A teacher is entitled to utilize earned sick leave due to disability from pregnancy, childbirth or recovery therefrom. OAG 86-66 .

Employee who transferred from one school district to another is entitled to the sick leave days earned during her prior employment in the other school district. OAG 91-135 .

Compensation for sick leave as set forth in subsections (8) and (9) (now (10) and (11)) of this section is constitutionally permissible. OAG 91-219 .

Compensation for unused sick leave at time of retirement does not constitute a bonus, in contravention of Section 3 of the Kentucky Constitution, but instead constitutes part of retirement benefits. OAG 91-219 .

There is no authority that would have enabled the superintendent to transfer more than 30 days of sick leave from county to county, but once in the new county, the superintendent could accumulate sick leave days without limitation. OAG 91-219 .

This section allows the board to grant a superintendent only those unused sick leave days which he was entitled to keep upon transfer from county to county. OAG 91-219 .

Under subsection (9) (now (11)) of this section, a teacher who has transferred from one school district to another after July 15, 1981, is entitled to credit for unused sick leave days “to which entitled on the date of transfer,” for the purpose of compensation at the time of retirement as per subsection (8) (now (10)) of this section. OAG 91-219 .

Under subsection (1)(a) of this section, “teacher” consistently has been defined to include “any person for whom certification is required as a basis of employment in the common schools of the state”; this definition includes principals and superintendents, who are certified as teachers and as administrators. OAG 91-219 .

Under subsections (8) and (9) (now (10) and (11)) of this section, after employee has completed 27 years of service, not withstanding sick leave, the school board may approve compensation for unused sick leave days, and apply that compensation toward the teacher or employee’s final salary. OAG 91-219 .

A son-in-law and daughter-in-law are not included in the definition of immediate relative (son-in-law and daughter-in-law are now included per 2000 amendment) in subdivision (1)(c) of this section. OAG 93-39 .

At the death of an employed active public school teacher, a school board may not pay the decedent’s estate or named beneficiary the value of the employee’s accumulated unused sick leave even if the employee were eligible for retirement; rather, a local school district may only compensate a district employee at the time of retirement for accumulated unused sick leave. OAG 94-39 .

161.156. Free physical examinations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 204) was repealed by Acts 1972, ch. 301, § 21.

161.157. Credits allowed transferred employee of Department of Education or Education Professional Standards Board.

An employee of the Department of Education or the Education Professional Standards Board who transfers to become an employee of the local school district shall be allowed credit for accrued sick leave up to the maximum allowed for transfers for teachers between school districts as provided by KRS 161.155(4) and shall be allowed credit for each full year of employment with the Department of Education or the Education Professional Standards Board for the determination of pay under the school districts’ single salary schedule.

History. Enact. Acts 1982, ch. 234, § 2, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 479, effective July 13, 1990; 2001, ch. 137, § 13, effective June 21, 2001; 2006, ch. 52, § 3, effective July 12, 2006.

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 234, § 2, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 479, effective July 13, 1990.

161.158. Group insurance — Board’s termination of participation in state health plan — Employees offered coverage in state health plan under federal law eligible for state-funded contribution — Deductions from salaries.

    1. Each district board of education may form its employees into a group or groups or recognize existing groups for the purpose of obtaining the advantages of group life, disability, medical, and dental insurance, or any group insurance plans to aid its employees including the state employee health insurance group as described in KRS 18A.225 to 18A.2287 , as long as the employees continue to be employed by the board of education. Medical and dental group insurance plans obtained under authority of this section may include insurance benefits for the families of the insured group or groups of employees. Any district board of education may pay all or part of the premium on the policies, and may deduct from the salaries of the employees that part of the premium which is to be paid by them and may contract with the insurer to provide the above benefits. As permitted in KRS 160.280(4), board members shall be eligible to participate in any group medical or dental insurance provided by the district for employees. (1) (a) Each district board of education may form its employees into a group or groups or recognize existing groups for the purpose of obtaining the advantages of group life, disability, medical, and dental insurance, or any group insurance plans to aid its employees including the state employee health insurance group as described in KRS 18A.225 to 18A.2287 , as long as the employees continue to be employed by the board of education. Medical and dental group insurance plans obtained under authority of this section may include insurance benefits for the families of the insured group or groups of employees. Any district board of education may pay all or part of the premium on the policies, and may deduct from the salaries of the employees that part of the premium which is to be paid by them and may contract with the insurer to provide the above benefits. As permitted in KRS 160.280(4), board members shall be eligible to participate in any group medical or dental insurance provided by the district for employees.
    2. If a district board of education participates in the state employee health insurance program, as described in KRS 18A.225 to 18A.2287, for its active employees and terminates participation and there is a state appropriation approved by the General Assembly for the employer’s contribution for active employees’ health insurance coverage, neither the board of education nor the employees shall receive the state-funded contribution after termination from the state employee health insurance program.
    3. If a district board of education participates in the state employee health insurance program as described in KRS 18A.225 to 18A.2287 for its active employees, all district employees who are required to be offered health insurance coverage for purposes of, and in accordance with, the federal Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, shall be eligible for the state-funded contribution appropriated by the General Assembly for the employer’s contribution for active employees’ health insurance coverage.
    1. Each district board of education shall adopt policies or regulations which will provide for: (2) (a) Each district board of education shall adopt policies or regulations which will provide for:
        1. Deductions from salaries of its employees or groups of employees whenever a request is presented to the board by said employees or groups thereof. 1. a. Deductions from salaries of its employees or groups of employees whenever a request is presented to the board by said employees or groups thereof.
        2. The deductions shall be made from salaries earned in at least eight (8) different pay periods.
        3. The deductions may be made for, but are not limited to, membership dues, tax-sheltered annuities, and group insurance premiums.
        4. The district board is prohibited from deducting membership dues of an employee organization, membership organization, or labor organization without the express written consent of the employee. Express written consent of the employee may be revoked in writing by the employee at any time. This provision shall apply to contracts entered into, opted in, extended or renewed on or after January 9, 2017.
        5. With the exception of membership dues, the board shall not be required to make more than one (1) remittance of amounts deducted during a pay period for a separate type of deduction; and
      1. Deductions from payments for the per diem and actual expenses provided under KRS 160.280(1) to members of the district board of education whenever a request is presented by a board member to the board. The deductions may be made for but not be limited to membership dues, health insurance purchases, scholarship funds, and contributions to a political action committee.
    2. The deductions under paragraph (a)1. and 2. of this subsection shall be remitted to the appropriate organization or association as specified by the employees within thirty (30) days following the deduction, provided the district has received appropriate invoices or necessary documentation.
    3. Health insurance, life insurance, and tax-sheltered annuities shall be interpreted as separate types of deductions. When amounts have been correctly deducted and remitted by the board, the board shall bear no further responsibility or liability for subsequent transaction.
  1. Payments and deductions made by the board of education under the authority of this section are presumed to be for services rendered and for the benefit of the common schools, and the payments and deductions shall not affect the eligibility of any school system to participate in the public school funding program as established in KRS Chapter 157.

History. Enact. Acts 1970, ch. 166, § 1; 1972, ch. 322, § 1; 1978, ch. 234, § 1, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 239, effective July 13, 1990; 1992, ch. 170, § 2, effective July 14, 1992; 1998, ch. 557, § 1, effective July 15, 1998; 2000, ch. 438, § 3, effective April 21, 2000; 2007, ch. 88, §§ 2, 4, effective June 26, 2007; 2014, ch. 55, § 1, effective July 15, 2014; 2017 ch. 6, § 7, effective January 9, 2017.

NOTES TO DECISIONS

  1. Payroll Deductions.
  2. Membership Dues.
1. Payroll Deductions.

This chapter permits employee organizations to participate in payroll deductions. Kentucky Educators Public Affairs Council v. Kentucky Registry of Election Finance, 677 F.2d 1125, 1982 U.S. App. LEXIS 19286 (6th Cir. Ky. 1982 ).

Reverse check-off procedure utilized by the Kentucky Educators Public Affairs Council, an unincorporated political action committee established by the Kentucky Education Association (KEA), whereby contributions were deducted from KEA members’ paychecks unless the member affirmatively checked off that he declined to contribute and whereby the member could subsequently decide not to participate and obtain a refund, was neither coercion nor an assessment under KRS 121.320 , and sufficiently protected the rights of dissenting members. Hence, an order of the Kentucky Registry of Election Finance finding KEPAC’s procedure violative of KRS 121.320 infringed on KEPAC’s first amendment rights to collect money for political purposes. Kentucky Educators Public Affairs Council v. Kentucky Registry of Election Finance, 677 F.2d 1125, 1982 U.S. App. LEXIS 19286 (6th Cir. Ky. 1982 ).

Section 337.060 did not prohibit a school board from deducting union dues from employees’ wages where such deduction was authorized by subsection (2) of this section. Clevinger v. Board of Educ., 789 S.W.2d 5, 1990 Ky. LEXIS 40 (Ky. 1990).
2. Membership Dues.

The common, ordinary meaning of “membership” is the total number of members of an organization. Unions are made up of members. There is nothing in this section that hints that union members were not to be included along with other membership organizations. Thus, “membership dues” perforce includes union dues. Clevinger v. Board of Educ., 789 S.W.2d 5, 1990 Ky. LEXIS 40 ( Ky. 1990 ).

Opinions of Attorney General.

The members of families of employees and/or the dependents of employees may, within the discretion of the board, participate in the various types of group coverage provided the extra cost of the family coverage or dependent coverage is paid by the employee. OAG 70-336 .

Where a district board of education desires to pay all or any part of the premiums on group policies for district employees, the advertising and competitive bid procedure of KRS 424.260 should be followed where the amount to be paid by the board is in excess of $1,000. OAG 70-687 .

This section does not disqualify political organizations from receiving the authorized deductions. OAG 72-663 .

This section requires that each school board make payroll deductions for the Kentucky Educator’s Public Affairs Council when properly authorized according to its adopted policies and regulations. OAG 72-663 .

A school board cannot be required, after making one deduction for health insurance, to make any other deductions for cancer insurance or for insurance for any other specific disease. OAG 72-707 .

The board of education may make such rules as are reasonable and it would be reasonable to require that there be a minimum number of employees desiring a particular deduction before it shall be made by the board. OAG 72-802 .

Board of education may contract for an insurance plan for its employees as long as it pays all or part of the premium on the policies. OAG 73-390 .

In a proposed contract between an insurance company and Fayette County Board of Education to provide tax sheltered annuities in lieu of full salary for any employee, a section holding the school district liable for any act of negligence was improper under this section and the doctrine of sovereign immunity. OAG 74-414 .

Where a school board provides a fixed sum of money to be used in purchasing fringe benefits for each of its teachers, it may afford the teachers the option to receive the fringe benefits or an equivalent fixed sum in cash. OAG 75-646 .

Although a board of education would be required to make deductions from teachers’ salaries for membership in a credit union, the board would not be required to withhold monthly payments on loans taken out by members from the credit union. OAG 77-333 .

A local school board may elect to purchase liability insurance for its employees and pay all or a portion of the premium from board of education funds. OAG 78-21 .

This section, permissive in nature, would permit a school board to pay any or all of the costs of a group optical insurance plan coverage for its employees, but not for the employees’ families unless such a plan was included in a group medical plan. OAG 78-592 .

A reduction for the Kentucky Deferred Compensation System Program is not a “deduction” for a tax-sheltered annuity, but is a different type of program than tax-sheltered annuities; accordingly, where an employee participates in a tax-sheltered annuity and the Kentucky Public Employee’s Deferred Compensation System, the reduction for both is not the “same type” of deduction, and does not violate subsection (2) of this section. OAG 80-515 .

KRS 18.510 to 18.600 (now see KRS 18A.230 to 18A.350 ) and this section are not in conflict and school employees can participate in both school annuity programs and the Kentucky Deferred Compensation System Program. OAG 80-515 .

There is nothing in the school laws to preclude a school district from establishing a cafeteria insurance plan for its teachers, pursuant to the conditions and criteria set out in 26 USCS § 125. However, the money available to the teacher to be applied, if desired, to a cafeteria plan is still a part of that teacher’s salary even though nontaxable; the teacher can elect to take a part of the money provided for by the school district in this regard as cash and, of course, this amount would be taxable. Moreover, the school districts must include the amount of money established for such a plan in all computations required for single salary schedule determinations, including the procedure required for determining the amount of money to be received by a school district for teachers’ salaries from the Minimum Foundation Fund. OAG 83-151 .

A reverse dues check-off procedure is permissible under KRS 161.158(2), provided that employees are presented with a knowing and voluntary opportunity to opt out in writing. Thus, a board of education may use an opt-out policy for deducting membership dues. OAG 13-009 , 2013 Ky. AG LEXIS 125.

161.159. Adoption of rules and regulations to implement life insurance program.

The Kentucky Board of Education, upon the recommendation of the chief state school officer, shall adopt rules and regulations to implement the state life insurance program provided for employees of the common schools subject to the following standards:

  1. The life insurance program shall cover both certified and noncertified common school personnel.
  2. The life insurance program shall be made available to all regular full-time personnel as defined by the Kentucky Board of Education regulations.

History. Enact. Acts 1974, ch. 237, § 1; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 240, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

161.160. Marriage of teachers; restraint of prohibited. [Repealed.]

Compiler’s Notes.

This section (4503-11) was repealed by Acts 1942, ch. 113, § 13.

161.162. Discrimination prohibited. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 244, Art. IV, § 1) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990. For present law see KRS 161.164 .

161.163. Employees’ application form not to require disclosure of religious affiliation.

No application form for certified or classified employees used by any school district shall contain any block or question that would require the applicant to disclose his religious affiliation.

History. Enact. Acts 1972, ch. 59, § 1; repealed and reenact. Acts 1990, ch. 476, Pt. IV, § 480, effective July 13, 1990; 1994, ch. 21, § 1, effective July 15, 1994.

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 59, § 1) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 480, effective July 13, 1990.

161.164. Political activity prohibited — Discrimination prohibited.

  1. No employee of the local school district shall take part in the management or activities of any political campaign for school board.
  2. No candidate for school board shall solicit or accept any political assessment, subscription, contribution, or service of any employee of the school district.
  3. No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position as teacher or employee of any district board of education, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person.
  4. No teacher or employee of any district board of education shall be appointed or promoted to, or demoted or dismissed from, any position or in any way favored or discriminated against with respect to employment because of his political or religious opinions or affiliations or ethnic origin or race or color or sex or age or disabling condition.
  5. The local superintendent shall inform all school employees of the provisions of this section.

History. Enact. Acts 1962, ch. 244, Art. IV, § 2; 1990, ch. 476, Pt. II, § 79, effective July 13, 1990; 1994, ch. 405, § 29, effective July 15, 1994.

NOTES TO DECISIONS

  1. Constitutionality.
  2. — Management.
  3. — Activities.
  4. Purpose.
  5. Solicitation of Money or Services.
  6. Discrimination Suit.
  7. Evidence of Discrimination.
  8. Office of Superintendent.
  9. Removal of Administrator.
  10. Protected Conduct.
1. Constitutionality.
2. — Management.

The word “management” as used in subsection (1) of this section is constitutional because it does give school employees a fair notice of the standard of conduct to which they will be held accountable. While there may be some confusion over what constitutes a political activity, a person exercising ordinary common sense can discern the difference between a political activity, such as placing a sign in the yard, and managing or directing a school board candidate’s campaign. State Bd. for Elementary & Secondary Educ. v. Howard, 834 S.W.2d 657, 1992 Ky. LEXIS 85 ( Ky. 1992 ).

3. — Activities.

A person of ordinary intelligence cannot identify the conduct prohibited under the word “activities” as used in subsection (1) of this section. Moreover, the word “activities” is not facially intelligible or clear; therefore, this section is unconstitutionally vague because it does not give school employees a fair notice of the standard of conduct to which they are to be held accountable. The criteria established are so vague that the enforcing authority is vested with too much discretion. Consequently, many school employees would suffer a chilling effect on political expression of all kinds. State Bd. for Elementary & Secondary Educ. v. Howard, 834 S.W.2d 657, 1992 Ky. LEXIS 85 ( Ky. 1992 ).

4. Purpose.

Kentucky Constitution § 183 places a duty on the General Assembly to establish an efficient common school system free from political influence and this section and KRS 161.990 were enacted by the General Assembly in an effort to comply with this directive. State Bd. for Elementary & Secondary Educ. v. Howard, 834 S.W.2d 657, 1992 Ky. LEXIS 85 ( Ky. 1992 ).

5. Solicitation of Money or Services.

Subsection (2) of this section clearly puts a school board candidate on notice that he or she is not to solicit school district employees for either money or services; it gives fair and plain notice to those to whom it applies and is not subject to arbitrary enforcement. State Bd. for Elementary & Secondary Educ. v. Howard, 834 S.W.2d 657, 1992 Ky. LEXIS 85 ( Ky. 1992 ).

Subsection (2) of this section is not overly broad. The state has a legitimate compelling interest in regulating the conduct of school board candidates in connection with their ability to receive money and services from school district employees. There is a real and present danger in any system where those who have the overall responsibility for the administration of the schools can attain their position in large part because of solicitations from those who work for the system. Political neutrality for school employees is a sound element in any efficient system of education. State Bd. for Elementary & Secondary Educ. v. Howard, 834 S.W.2d 657, 1992 Ky. LEXIS 85 ( Ky. 1992 ).

6. Discrimination Suit.

An applicant who was denied consideration for two teaching positions could not bring a discrimination suit under this section, which applies only to teachers and employees — not applicants — of any state board of education. Creech v. McQuinn, 957 S.W.2d 261, 1997 Ky. App. LEXIS 15 (Ky. Ct. App. 1997).

Summary judgment in favor of defendants was reversed because the teacher’s claims of violations of her First and Fourteenth Amendment rights of freedom of expression, speech, and association and her rights under KRS 161.164 and 161.162 (now repealed) were not precluded by the alleged political nature of her position as the grants department director because the teacher lacked political discretion in her position as director and nothing in the teacher’s duties rendered her advice particularly sensitive or confidential, nor did the teacher control the lines of communication between the superintendent and the general public. Justice v. Pike County Bd. of Educ., 348 F.3d 554, 2003 FED App. 0392P, 2003 U.S. App. LEXIS 22631 (6th Cir. Ky. 2003 ).

In a civil rights suit brought under 42 USCS § 1983 and Kentucky law, specifically §§ 1, 2 and 8 of the Kentucky Constitution and KRS 161.164 and 161.750(2), a teacher asserted that she was not rehired because of her union activities. Because hiring school district employees is an act essential to the function of the school district, Kentucky’s governmental immunity protected the school district and the school superintendent, in his official capacity, from liability for the teacher’s state-law claims. Smith v. Floyd County Bd. of Educ., 401 F. Supp. 2d 789, 2005 U.S. Dist. LEXIS 29220 (E.D. Ky. 2005 ).

In a civil rights suit brought under 42 USCS § 1983 and Kentucky law, specifically §§ 1, 2 and 8 of the Kentucky Constitution and KRS 161.164 and 161.750(2), a teacher asserted that she was not rehired because of her union activities. For claims against the school superintendent in his individual capacity for hiring decisions in which he actually participated and or in which his role was unclear, the superintendent was not entitled to summary judgment; it had long been established that discharging or failing to hire or retain an employee because she engaged in protected speech was wrongful, so the superintendent was not entitled to qualified immunity from liability for those claims. Smith v. Floyd County Bd. of Educ., 401 F. Supp. 2d 789, 2005 U.S. Dist. LEXIS 29220 (E.D. Ky. 2005 ).

In a civil rights suit brought under 42 USCS § 1983 and Kentucky law and asserting that a teacher was not rehired because of her union activities, where the teacher failed to establish that a school board participated in, or should have participated in, the challenged hiring decisions, and KRS 161.164 and 161.750 indicated that the school board played no role in such hiring decisions, the teacher failed to establish causation and the school board was entitled to summary judgment on the teacher’s First Amendment retaliation claim. Smith v. Floyd County Bd. of Educ., 401 F. Supp. 2d 789, 2005 U.S. Dist. LEXIS 29220 (E.D. Ky. 2005 ).

In a civil rights suit brought under 42 USCS § 1983 and Kentucky law and asserting that a teacher was not rehired because of her union activities. Where the school superintendent admitted that he had made hiring decisions for district-wide positions the teacher was denied, and KRS 161.164 and 161.750 provided further support of the superintendent’s role in the hiring process, the teacher established, for summary judgment purposes, the causation element of her First Amendment retaliation claim, and because it had long been clear that discharging a public employee for engaging in protected speech and association violated the First Amendment, the superintendent was not entitled to qualified immunity against liability for that claim. Smith v. Floyd County Bd. of Educ., 401 F. Supp. 2d 789, 2005 U.S. Dist. LEXIS 29220 (E.D. Ky. 2005 ).

7. Evidence of Discrimination.

As a matter of proof, there need be no more than an inference of arbitrariness in the dismissal or transfer of a teacher on account of political activities to bring the action within the prohibition of this section and where the evidence showed that an assistant principal and the school superintendent supported opposing candidates in a board of education election and that, shortly thereafter, the superintendent dismissed the principal because of an alleged decrease in student population and funding, which did not in fact exist, arbitrariness was clearly established. Harlan County Board of Education v. Stagnolia, 555 S.W.2d 828, 1977 Ky. App. LEXIS 805 (Ky. Ct. App. 1977) (decided under prior law).

8. Office of Superintendent.

Former law similar to subsection (4) of this section did not prevent a board of education from failing to reappoint a superintendent once his contract has expired; and with the office of superintendent being an appointed position, it was not inconceivable that political views and allegiances could be a consideration in the selection. Floyd v. Board of Education, 598 S.W.2d 460, 1979 Ky. App. LEXIS 528 (Ky. Ct. App. 1979) (decided under prior law).

9. Removal of Administrator.

An administrator has been given no right of tenure to an administrative position and may be removed from such position by the local board of education upon recommendation of the superintendent for any reason not offending some right protected by the state or federal constitutions or this section. Hooks v. Smith, 781 S.W.2d 522, 1989 Ky. App. LEXIS 151 (Ky. Ct. App. 1989) (decided under prior law).

10. Protected Conduct.

Although a school administrator’s use of her religious beliefs in exercising her administrative duties and in exercising authority over teachers was offensive to some of the teachers, it did not invariably pose some substantial threat to public safety, peace or order, rendering her behavior in this regard to be protected conduct. Hooks v. Smith, 781 S.W.2d 522, 1989 Ky. App. LEXIS 151 (Ky. Ct. App. 1989) (decided under prior law).

Opinions of Attorney General.

A teacher employed by a school board of a district where the teacher does not reside is not prohibited from simultaneously serving as a member of a school board of a different district where the teacher does reside. OAG 90-127 .

Employee of a school board for a county in which employee does not live, may campaign for or seek election to the school board in the district of employee’s residence since employee is not employed by that district’s school board. OAG 90-127 .

Subsection (3) of this section refers to “any district” whereas subsection (1) refers to “the local school district” and subsection (2) refers to “the school district”; because of the difference in wording (namely, the use of “the” in subsection (1) as opposed to “any,” prior to “district”), the General Assembly intended the restrictions on campaigning under subsections (1) and (2) only to apply to persons employed by the school district where the candidate is seeking to be elected. OAG 90-127 .

A member of the county board of education may sell insurance to school employees on an individual basis. OAG 90-138 .

A school board candidate may not solicit or accept any money, goods, property, or services, from a school district employee. However, in the case of “services,” the First Amendment right to voice one’s political opinion must be balanced against the state’s interest in ridding schools of undue political influence. Conduct which would be permitted includes: registration and voting, signing of nominating petitions, the expressing of personal opinions regarding a school board candidate, and the display of political pictures, signs, buttons, or bumper stickers. Additionally, school board candidates may provide on request, campaign literature for the personal use of a school district employee. In contrast, the following activities would be prohibited: campaign literature distribution by a school employee, solicitation of political support by a school district employee in canvassing a district or soliciting political support for a school board candidate, either in person, by telephone, or in writing, and providing assistance or working for the school board candidate’s campaign. OAG 92-145 .

School board candidates may not solicit or accept contributions and services from school district employees. This prohibition applies equally to agents of the candidate; therefore, the school board candidate’s campaign manager and staff are prohibited from soliciting or accepting the services of school employees on behalf of the campaign. OAG 92-145 .

A school board candidate need not either accept or decline an endorsement of a local education association or similar employee union. Endorsing a school board candidate is not the same as contributing or providing a service to the campaign; rather, voluntary endorsement of a candidate is the same as an expression of personal opinion and therefore not prohibited by this section. OAG 92-145 .

A school board candidate may not solicit or accept the following services from a school district employee: (1) distributing campaign material, literature, or signs; (2) working for the campaign by canvassing voters, stuffing campaign envelopes, working at a campaign phone bank, or driving the candidate; (3) performing any fundraising services or contributing money, goods or property; or (4) being involved with the management of a school board campaign. OAG 92-145 .

This section clearly prohibits a school board candidate from accepting cash contributions from a political action committee (PAC) whose members are local school employees. OAG 92-145 .

This section prohibits a school board candidate from accepting contributions or services from school employees. The fact that the school employees have formed a political action committee does not change the fact that the employees are actually providing the service or contribution, even if activities such as manning telephone banks, door-to-door solicitation, or distribution of campaign material are described by the PAC as “in-kind” contributions. Allowing the PAC to do indirectly what the school board candidates are prohibited from doing directly is a violation of this section. OAG 92-145 .

The local education association or school employee union may not attempt to evade the statutory prohibition against contributing to school board elections by claiming their actions are independent of the campaign. OAG 92-145 .

Constitutional factors that should be utilized when determining whether a political expression or promise by a school board candidate has violated subsection (3) of this section are the precise nature of the promise; the conditions upon which it is given; the circumstances under which it is made; the size of the audience; and the nature and size of the group to be benefited. OAG 92-156 .

A statement by a school board candidate that he prefers a certain individual to serve as superintendent is protected by the first amendment of the United States Constitution and the Kentucky Constitution. OAG 92-156 .

Research References and Practice Aids

Cross-References.

Human Rights Commission, KRS 344.150 to 344.190 .

161.165. Recruitment of minority teachers.

  1. The Kentucky Department of Education in cooperation with the Education Professional Standards Board, the Kentucky Board of Education, local school districts, universities, and colleges, and the Council on Postsecondary Education shall review and revise as needed the strategic plan for increasing the number of minority teachers and administrators in the Commonwealth. The plan shall include, but not be limited to, recommendations on ways to:
    1. Identify methods for increasing the percentage of minority educators in proportion to the number of minority students;
    2. Establish programs to identify, recruit, and prepare as teachers minority persons who have already earned college degrees in other job fields;
    3. Create awareness among secondary school guidance counselors of the need for minority teachers.
  2. The Kentucky Department of Education and the Education Professional Standards Board shall promote programs that increase the percentage of minorities who enter and successfully complete a four (4) year teacher preparation program and provide support to minority students in meeting qualifying requirements for students entering a teacher preparation program at institutions of higher education.
  3. The Kentucky Department of Education with input from the Education Professional Standards Board shall periodically submit a report to the Interim Joint Committee on Education that evaluates the results of these efforts and includes accompanying recommendations to establish a continuing program for increasing the number of minorities in teacher education.

History. Enact. Acts 1992, ch. 432, § 1, effective July 14, 1992; 1996, ch. 362, § 6, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 67, effective May 30, 1997; 2001, ch. 137, § 14, effective June 21, 2001.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

161.166. Training program for Kentucky Virtual High School on-line coaches.

By July 1, 2009, the Kentucky Department of Education, in cooperation with teacher education institutions, shall develop a training program for certified and classified personnel to become on-line coaches to provide effective support to students enrolled in courses through the Kentucky Virtual High School.

History. Enact. Acts 2008, ch. 134, § 6, effective July 15, 2008.

161.167. Program to encourage persons to enter Kentucky teaching profession — Reports.

  1. By January 1, 2001, the Kentucky Department of Education, with help from representatives of the Education Professional Standards Board, the Council on Postsecondary Education, the Kentucky Higher Education Assistance Authority, the Association of Independent Kentucky Colleges and Universities, public and private not-for-profit postsecondary institutions, and local educational agencies, shall develop a plan, including timelines for implementation, for a multidimensional recruitment and information program, to encourage persons to enter the teaching profession and to seek employment in Kentucky.
  2. The program shall not supplant or diminish current efforts required in KRS 161.165 .
  3. The components of the program shall include:
    1. Early recruitment programs to inform middle and high school students about the potential of teaching as a career;
    2. Programs to encourage paraprofessionals in schools, as well as other nontraditional students, to pursue additional education to become teachers;
    3. Programs to enlist highly skilled career employees in specific content areas to pursue teaching as a second career;
    4. Options for recruiting persons with liberal arts and sciences majors and current students with nondeclared majors into nontraditional and accelerated teacher preparation programs;
    5. Marketing strategies for informing the public of the importance of high quality teaching to student achievement, the value of teachers to society as a whole, the benefits and rewards of teaching, and the options for entering teacher preparation, including scholarship information; and
    6. Expanding the Kentucky Department of Education’s electronic bulletin board for certified vacancies in local school districts to include an option for potential teachers to voluntarily post their availability for education positions within the state.
  4. No later than March 15, 2001, the Department of Education shall present a status report of the recruitment and information program to the Interim Joint Committee on Education; and no later than October 15, 2001, the Department of Education shall present to the Interim Joint Committee on Education and the Interim Joint Committee on Appropriations and Revenue a summary report with recommendations.

History. Enact. Acts 2000, ch. 527, § 5, effective July 14, 2000.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, C, 3, (11) at 871.

161.168. Certified employee granted leave of absence for active military service — Medical insurance — Contribution to retirement system to be retroactive — Credit given — Exclusions.

Notwithstanding any other statute to the contrary, a certified employee of a local board of education who is a member of a state National Guard or a Reserve component ordered to active military duty by the President of the United States shall be granted a leave of absence for this purpose and shall be considered to be rendering service to the state.

  1. A local board of education that has granted military leave to a certified employee and has a commitment from the employee to return to work upon the conclusion of military leave may provide the employer’s contribution toward the purchase of the state’s medical insurance program during the period of military leave as long as the employee or spouse pays the additional cost of dependent coverage.
  2. Upon the employee’s return to work, the Commonwealth of Kentucky shall pay the member contribution and any accrued interest that is required to be paid under KRS 161.507(4)(b) in order for the member to receive retirement service credit for the period of active military duty. Under no circumstances shall a member be entitled to service credit under this paragraph that is in violation of the provisions of KRS 161.500 . The provisions of this subsection shall be retroactive to January 1, 2003, for employees who have been deployed to active combat service.
  3. For each year of military service or each year of combined military and school service within a school year, the certified employee shall receive a year of service credit for purposes of the district’s single salary schedule defined in KRS 157.320 .
  4. No provisions of this section shall be construed to provide disability benefits under KRS 161.611 or 161.663 , survivorship benefits under KRS 161.520 , life insurance benefits under KRS 161.555 or any other benefit available from the Kentucky Teachers’ Retirement System as a result of active military service, or conditions or injuries resulting from active military service, except for the accrual of service credit which shall be acknowledged by the retirement system subject to the relevant conditions set forth in KRS 161.507 .

History. Enact. Acts 2004, ch. 161, § 1, effective July 13, 2004; 2006, ch. 85, § 1, effective July 12, 2006; 2007, ch. 92, § 2, effective June 26, 2007.

161.170. Teachers to enforce course of study and use of books — Removal for failure.

Each teacher in the public schools shall enforce the course of study, the use of the legally authorized textbooks, and the rules and regulations prescribed for the schools. If any teacher willfully refuses or neglects to comply with the law or such rules and regulations, the local superintendent may remove him at any time. When so removed the teacher shall receive payment only for the time taught.

History. 4503-3; amend. Acts 1990, ch. 476, Pt. IV, § 241, effective July 13, 1990.

Opinions of Attorney General.

A board of education has adequate authority to adopt regulations which would require teachers to submit to periodic physical examinations if it appears that they are physically unable to discharge their duties as a teacher. OAG 65-560 .

A school board may impose reasonable regulations governing the appearance of the teachers it employs. OAG 79-158 .

A teacher is obligated, not only to enforce the rules and regulations for the school system, but also to comply with those rules and regulations. OAG 79-158 .

The authority to promulgate such rules and regulations rests solely with the board of education; the school administrators, such as principals, do not have the authority to set rules and regulations. OAG 79-158 .

One time payments to teachers to induce retirement are constitutional under Const., § 3 as such payments are in consideration of public service. The key fact that makes these payments constitutional is the voluntary retirement of the teacher; such an act is a “present” service for which an emolument is paid, not a past service for which a gratuity is given. OAG 96-23 .

Research References and Practice Aids

Cross-References.

Removal of teachers, KRS 156.132 to 156.142 .

161.175. Teachers involved in illegal use of controlled substances.

  1. Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, a teacher who has been reprimanded or otherwise disciplined by the teacher’s employer because the teacher engaged in misconduct involving the illegal use of controlled substances shall, as a condition of retaining employment, submit to random or periodic drug testing in accordance with administrative regulations promulgated by the Kentucky Board of Education for a period not to exceed twelve (12) months from the date such reprimand or disciplinary action occurred.
  2. Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, a teacher whose certificate has been suspended or revoked by the Education Professional Standards Board because the teacher engaged in misconduct involving the illegal use of controlled substances shall, as a condition of reinstatement or reissuance of the certificate, submit to drug testing in accordance with administrative regulations promulgated by the Education Professional Standards Board.
  3. No teacher may be subject to drug testing under this section unless and until it has been determined in an administrative or judicial proceeding that the teacher engaged in misconduct involving the illegal use of controlled substances.
  4. For purposes of this section, the term “teacher” shall mean any person for whom certification is required as a basis for employment in the public schools of the Commonwealth.
  5. Nothing in this section shall be interpreted or construed to limit the authority of the Education Professional Standards Board to impose or require additional conditions for the reissuance or reinstatement of a certificate.
  6. The administrative regulations promulgated pursuant to this section shall contain provisions that ensure due process under the law.

History. Enact. Acts 2006, ch. 221, § 4, effective July 12, 2006.

161.180. Supervision of pupils’ conduct.

  1. Each teacher and administrator in the public schools shall in accordance with the rules, regulations, and bylaws of the board of education made and adopted pursuant to KRS 160.290 for the conduct of pupils, hold pupils to a strict account for their conduct on school premises, on the way to and from school, and on school sponsored trips and activities.
  2. The various boards of education of the Commonwealth of Kentucky, and the principals of the public schools, may use teacher’s aides in supervisory capacities, such as playground supervision, hallway supervision, lunchroom and cafeteria supervision, and other like duties, including, but not limited to, recreational activities and athletic events, relating to the supervision and control of the conduct of the pupils; and while so engaged, such teacher’s aides shall have the same authority and responsibility as is granted to and imposed by law upon teachers in the performance of the same or similar duties.

History. 4503-4; amend. Acts 1970, ch. 105, § 1; 1978, ch. 273, § 1, effective June 17, 1978; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 481, effective July 13, 1990.

Compiler’s Notes.

This section (4503-4; amend. Acts 1970, ch. 105, § 1; 1978, ch. 273, § 1, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 481, effective July 13, 1990.

NOTES TO DECISIONS

  1. Construction.
  2. Use of Discipline.
  3. Mandatory Reporting of Sexual Abuse.
  4. Qualified Immunity.
1. Construction.

This section and KRS 158.150 plainly authorize public schools to make and enforce reasonable regulations for the government of such schools during school hours. Casey County Board of Education v. Luster, 282 S.W.2d 333, 1955 Ky. LEXIS 238 ( Ky. 1955 ).

A public school teacher can be held liable for injuries caused by the negligent supervision of her students. The premise for this duty is that a child is compelled to attend school so that the protective custody of teachers is mandatorily substituted for that of the parent. A special, fiduciary quasi-parental relationship is created and imposes an affirmative duty on the district, its faculty, and its administrators to take all reasonable steps to prevent foreseeable harm to its students. Additionally, KRS 161.180(1) explicitly requires each public school teacher and administrator to hold pupils to strict account for their conduct on school premises. A teacher retains some discretion with respect to the means or method by which to exercise the duty to supervise students properly and to protect them from foreseeable harm. Nelson v. Turner, 256 S.W.3d 37, 2008 Ky. App. LEXIS 177 (Ky. Ct. App. 2008).

2. Use of Discipline.

Where a teacher believes that she is in danger of bodily harm, the jury must be instructed as to the defendant teacher’s power under this section to exercise such disciplinary force as is necessary to restrain the complaining witness before the defendant teacher can be found guilty of assault and battery. Owens v. Commonwealth, 473 S.W.2d 827, 1971 Ky. LEXIS 168 ( Ky. 1971 ).

3. Mandatory Reporting of Sexual Abuse.

To find that KRS 620.030 does not apply, there must be a finding that the act committed upon the child is not an act of sexual abuse. For purposes of KRS Chapter 600, the definition of a neglected or abused child is set forth at KRS 600.020 . If sexual abuse has occurred, then the mandatory reporting requirement in KRS 620.030 would have required the teacher to report this incident and such mandatory reporting would result in this being considered a ministerial rather than a discretionary act which would preclude the teacher from claiming qualified official immunity. Nelson v. Turner, 256 S.W.3d 37, 2008 Ky. App. LEXIS 177 (Ky. Ct. App. 2008).

4. Qualified Immunity.

School officials were entitled to qualified immunity from an action filed by a student based on sexual abuse by a teacher because the school officials’ duty to supervise was a discretionary act, as the school officials had only a general supervisory duty over the student and were not actually involved in active supervision at the times relevant to the student’s complaint. Ritchie v. Turner, 559 S.W.3d 822, 2018 Ky. LEXIS 434 ( Ky. 2018 ).

Cited:

Williams v. Ky. Dep’t of Educ., 113 S.W.3d 145, 2003 Ky. LEXIS 175 ( Ky. 2003 ); Patton v. Bickford, 2013 Ky. App. Unpub. LEXIS 1002 (Ky. Ct. App. July 19, 2013).

NOTES TO UNPUBLISHED DECISIONS

1. Construction.

School officials sued for negligent supervision and negligence per se regarding a student who bullied a parent's child were entitled to qualified official immunity because (1) the officials' decision regarding appropriate discipline for the offending student was discretionary, (2) neither Ky. Rev. Stat. Ann. § 161.180(1) nor the school district's disciplinary code imposed a ministerial duty on the officials, and (3) the officials met the requirements of both the statute and the disciplinary code by exercising discretion to discipline the offender. Slattery v J.F., 2015 Ky. App. Unpub. LEXIS 871 (Ky. Ct. App. May 29, 2015).

Opinions of Attorney General.

Under this section, a teacher is authorized to detain a student who had failed to prepare his lessons for a reasonable period of time after school hours. OAG 61-293 .

A teacher may be assigned “extra duties” without “extra compensation” so long as said “extra duties” are not unreasonable, arbitrary, or discriminatory. OAG 63-106 .

A board of education may prohibit any student who operates his automobile on the way to or from school in a reckless or wanton manner from driving said motor vehicle to or from school. OAG 63-486 .

A school teacher may search a pupil’s pockets or purse and confiscate such articles as cigarette lighters, pocket knives, or key chains with cigarette lighters attached if the teacher acts with reasonable judgment and for good cause, without malice and for the welfare of the child, as well as the school, but the parents should be advised of the action. OAG 64-329 .

A teacher has the right to administer corporal punishment to students enrolled in the school but not enrolled in the teacher’s classroom so long as it does not exceed that which appears to be appropriate under the circumstances. OAG 69-534 .

A teacher does have the legal authority to discipline students enrolled in the school but not enrolled in the teacher’s classroom. OAG 69-534 .

Teachers’ aides, both paid and volunteer, may serve in supervisory capacities with the same authority and responsibility as teachers when assigned these duties by the school principal and will be held to the same accountability for negligence as a teacher but the school board itself cannot be held liable for the negligence of either teachers or teachers’ aides. OAG 73-770 .

It was improper for supervisor to order a teacher to bathe a first grade pupil as such a duty may not reasonably be defined as a teaching duty. OAG 74-241 .

This section is not authorization for school officials to regulate students’ use of cars as a means of transportation to and from school nor could the school board be held liable in tort for injury to students on or off school grounds, due to the school boards’ sovereign immunity in torts. OAG 74-783 .

This section does not conflict with a school board’s policy, requiring that corporal punishment take place in the principal’s office with both the principal and teacher being present, to such a degree that the policy can be considered invalid. OAG 75-693 .

Under this section, teachers could impose some reasonable form of punishment to regulate student conduct off school grounds when a child is coming to or going from the school. OAG 76-348 .

If a child brings to school medication that has been prescribed by a physician, the teacher would not be required to assume the responsibility to see that the medication is taken. OAG 77-530 .

A principal may require teachers to supervise the loading of school buses even though the last bus does not leave until after 3:30 p.m. OAG 77-718 .

A school system has the right to suspend a child from the school bus for misconduct. OAG 78-392 .

Corporal punishment is a legitimate form of discipline to be used in Kentucky’s public common schools but with some restraints legally implied, for example, the force used must be reasonable and not excessive; and, although teachers have, by Kentucky Penal Code provision (KRS 503.110 ), guidelines for justification of use of physical force upon a pupil, if the punishment is excessive, the school teacher or administrator inflicting the spanking may be held liable in damages to the child and possibly subject to criminal penalties. OAG 78-704 .

In view of the responsibilities of teachers and school administrators and in view of the fact that teachers and administrators are state officers or employes they are within the purview of fourth amendment and Ky. Const., § 10 restraint upon activities of the government. OAG 79-168 .

Research References and Practice Aids

Cross-References.

Permissible use of force by teachers under penal code, KRS 503.110 .

Suspension of pupils, KRS 158.150 .

Kentucky Law Journal.

Taylor, With Temperate Rod: Maintaining Academic Order in Secondary Schools, 58 Ky. L.J. 616 (1970).

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Actions Against a School Board or School Personnel, § 333.00.

Caldwell’s Kentucky Form Book, 5th Ed., Complaint to Oust Member of School Board for Conflict of Interests, Form 333.02.

Kentucky Instructions to Juries (Civil), 5th Ed., Assault and Battery, § 28.13.

161.185. Certified or classified staff member to accompany students on school-sponsored or endorsed trips — Exceptions.

  1. Except as provided in subsection (2), boards of education shall require a certified or classified staff member who is at least twenty-one (21) years of age to accompany students on all school-sponsored or school-endorsed trips. Local boards of education may adopt a policy that specifies the job classifications of staff members who may accompany students on trips under this section.
  2. Boards of education may permit a nonfaculty coach or nonfaculty assistant, as defined by administrative regulation promulgated by the Kentucky Board of Education under KRS 156.070(2), to accompany students on all school-sponsored or school-endorsed athletic trips. A nonfaculty coach or nonfaculty assistant shall be at least twenty-one (21) years of age, shall not be a violent offender or convicted of a sex crime as defined by KRS 17.165 which is classified as a felony, and shall submit to a criminal record check under KRS 160.380 .
  3. Prior to assuming his or her duties, a nonfaculty coach or nonfaculty assistant shall successfully complete training provided by the local school district. The training shall include, but not be limited to, information on the physical and emotional development of students of the age with whom the nonfaculty coach and nonfaculty assistant will be working, the district’s and school’s discipline policies, procedures for dealing with discipline problems, and safety and first aid training. Follow-up training shall be provided annually.

History. Enact. Acts 1968, ch. 61; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 482, effective July 13, 1990; 1998, ch. 178, § 1, effective July 15, 1998; 2011, ch. 9, § 1, effective March 9, 2011.

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 61) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 482, effective July 13, 1990.

Opinions of Attorney General.

Where students are engaged in an extracurricular activity, such as a senior prom, which is held off school grounds, the board of education members would not be subject to liability for permitting the students to drive themselves to the school-sponsored activity, in the event of a student’s injury or death while driving to or from the location. OAG 76-40 .

161.190. Abuse of teacher, classified employee, or school administrator prohibited.

Whenever a teacher, classified employee, or school administrator is functioning in his capacity as an employee of a board of education of a public school system, it shall be unlawful for any person to direct speech or conduct toward the teacher, classified employee, or school administrator when such person knows or should know that the speech or conduct will disrupt or interfere with normal school activities or will nullify or undermine the good order and discipline of the school.

HISTORY: 4503-8; amend. Acts 1986, ch. 255, § 1, effective July 15, 1986; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 483, effective July 13, 1990; 2015 ch. 76, § 1, effective June 24, 2015.

Compiler’s Notes.

This section (4503-8; amend. Acts 1986, ch. 255, § 1, effective July 15, 1986) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 483, effective July 13, 1990.

NOTES TO DECISIONS

1. Constitutionality.

Statute is not unconstitutionally vague and is neither overbroad nor unconstitutional as-applied; the statute authorizes conviction for directing speech toward a school administrator that will reasonably disrupt normal school activities, and standing in the schoolhouse foyer and angrily offering to fight the principal while class is in session is conduct that will disrupt day-to-day school activities, such that defendant should have understood that he could be convicted under the statute. Masters v. Commonwealth, 551 S.W.3d 458, 2017 Ky. App. LEXIS 661 (Ky. Ct. App. 2017), cert. denied, 139 S. Ct. 1221, 203 L. Ed. 2d 258, 2019 U.S. LEXIS 901 (U.S. 2019).

This section is an unconstitutional violation of the First Amendment of the U.S. Constitution and Const., §§ 1(4) and 8. Commonwealth v. Ashcraft, 691 S.W.2d 229, 1985 Ky. App. LEXIS 554 (Ky. Ct. App. 1985) (Decision prior to 1986 amendment and 1990 repeal and reenactment).

Statute is constitutional and does not seek to suppress expression, but rather attempts to preserve a suitable learning environment by curbing unreasonable and potentially dangerous disruptions to routine school operations; students, parents, and members of the public may still reasonably express frustration with school employees, but angrily telling someone you are going to physically harm them is precisely the type of speech that would incite a reasonable person to violence, and such a threat against a principal during the school day foreseeably triggers a safety protocol. Masters v. Commonwealth, 551 S.W.3d 458, 2017 Ky. App. LEXIS 661 (Ky. Ct. App. 2017), cert. denied, 139 S. Ct. 1221, 203 L. Ed. 2d 258, 2019 U.S. LEXIS 901 (U.S. 2019).

Cited:

Owens v. Commonwealth, 473 S.W.2d 827, 1971 Ky. LEXIS 168 ( Ky. 1971 ).

Opinions of Attorney General.

The public harassment of schoolteachers by pupils could be dealt with under this section or under KRS 161.180 when the misconduct is committed between the times the pupils leave their homes until they return home. OAG 72-826 .

Although this section does not apply to the relationship of a superintendent and a teacher, it is generally recognized that the best professional practice would be for a teacher’s faults to be discussed with him privately or at least not before his pupils. OAG 73-825 .

Research References and Practice Aids

Kentucky Law Journal.

Taylor, With Temperate Rod: Maintaining Academic Order in Secondary Schools, 58 Ky. L.J. 616 (1970).

Gormley and Hartman, The Kentucky Bill of Rights: A Bicentennial Celebration, 80 Ky. L.J. 1 (1990-91).

161.195. Notice to teacher of student’s history of physically abusive conduct or carrying a concealed weapon.

Before a student with a documented history of physical abuse of a school employee or of carrying a concealed weapon on school property or at a school function is assigned to work directly with or comes in contact with a teacher, that teacher shall be notified in writing by the principal, guidance counselor, or other school official who has knowledge of the student’s behavior. The notice shall describe the nature of the student behavior.

History. Enact. Acts 1992, ch. 393, § 2, effective July 14, 1992.

161.200. Records to be kept by teachers — Exceptions.

  1. Each teacher in the public schools shall keep an approved record which shall be left with the superintendent or as he directs at the close of the term. The record shall show the program of recitations, classification, attendance, and grading of all pupils who attended school at any time during the school year, and such other facts as are required.
  2. Notwithstanding the provisions of subsection (1) of this section, approved pupil attendance records, for state accounting purposes and for the purpose of state computation of pupil attendance, may be kept in a central location in the local elementary or secondary school. After attendance is reported and recorded by the classroom teacher, either a certified or noncertified person shall complete and check records in accordance with the methods and regulations approved by the superintendent of the local school district and the chief state school officer. A designated certified person within the local elementary or secondary school shall be responsible for auditing and certifying state attendance documents to verify their accuracy.

History. 4503-5; amend. Acts 1978, ch. 312, § 1, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 242, effective July 13, 1990.

161.210. Reports to be made by teachers.

  1. Each teacher or other person in the public schools shall make reports and inventories to the district superintendent at the time and in the manner prescribed by the district board of education and the Kentucky Board of Education.
  2. No teacher shall willfully make a false monthly or term report of time taught or other item or shall willfully fail to make a required report.

History. 4503-6, 4503-7; amend. Acts 1978, ch. 8, § 1, effective June 17, 1978; 1978, ch. 155, § 82, effective June 17, 1978; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 484, effective July 13, 1990; amend. 1996, ch. 362, § 6, effective July 1, 1996.

Compiler’s Notes.

This section (4503-6, 4503-7; amend. Acts 1978, ch. 8, § 1, effective June 17, 1978; 1978, ch. 155, § 82, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 484, effective July 13, 1990.

Teachers’ Retirement

161.220. Definitions for KRS 161.220 to 161.716 and 161.990.

As used in KRS 161.220 to 161.716 and 161.990 :

  1. “Retirement system” means the arrangement provided for in KRS 161.220 to 161.716 and 161.990 for payment of allowances to members;
  2. “Retirement allowance” means the amount annually payable during the course of his natural life to a member who has been retired by reason of service;
  3. “Disability allowance” means the amount annually payable to a member retired by reason of disability;
  4. “Member” means the commissioner of education, deputy commissioners, associate commissioners, and all division directors in the State Department of Education, employees participating in the system pursuant to KRS 196.167(3)(b)1., and any full-time teacher or professional occupying a position requiring certification or graduation from a four (4) year college or university, as a condition of employment, and who is employed by public boards, institutions, or agencies as follows:
    1. Local boards of education;
    2. Eastern Kentucky University, Kentucky State University, Morehead State University, Murray State University, Western Kentucky University, and any community colleges established under the control of these universities;
    3. State-operated secondary area vocational education or area technology centers, Kentucky School for the Blind, and Kentucky School for the Deaf;
    4. The Education Professional Standards Board, other public education agencies as created by the General Assembly, and those members of the administrative staff of the Teachers’ Retirement System of the State of Kentucky whom the board of trustees may designate by administrative regulation;
    5. Regional cooperative organizations formed by local boards of education or other public educational institutions listed in this subsection, for the purpose of providing educational services to the participating organizations;
    6. All full-time members of the staffs of the Kentucky Association of School Administrators, Kentucky Education Association, Kentucky Vocational Association, Kentucky High School Athletic Association, Kentucky Academic Association, and the Kentucky School Boards Association who were members of the Kentucky Teachers’ Retirement System or were qualified for a position covered by the system at the time of employment by the association in the event that the board of directors of the respective association petitions to be included. The board of trustees of the Kentucky Teachers’ Retirement System may designate by resolution whether part-time employees of the petitioning association are to be included, except as limited by KRS 161.612 . The state shall make no contributions on account of these employees, either full-time or part-time. The association shall make the employer’s contributions, including any contribution that is specified under KRS 161.550 . The provisions of this paragraph shall be applicable to persons in the employ of the associations on or subsequent to July 1, 1972;
    7. Employees of the Council on Postsecondary Education who were employees of the Department for Adult Education and Literacy and who were members of the Kentucky Teachers’ Retirement System at the time the department was transferred to the council pursuant to Executive Order 2003-600;
    8. The Office of Career and Technical Education, except that the executive director shall not be a member;
    9. The Office of Vocational Rehabilitation;
    10. The Kentucky Educational Collaborative for State Agency Children;
    11. The Governor’s Scholars Program;
    12. Any person who is retired for service from the retirement system and is reemployed by an employer identified in this subsection in a position that the board of trustees deems to be a member, except that any person who retires on or after January 1, 2019, shall upon reemployment after retirement not earn a second retirement account;
    13. Employees of the former Cabinet for Workforce Development who are transferred to the Kentucky Community and Technical College System and who occupy positions covered by the Kentucky Teachers’ Retirement System shall remain in the Teachers’ Retirement System. New employees occupying these positions, as well as newly created positions qualifying for Teachers’ Retirement System coverage that would have previously been included in the former Cabinet for Workforce Development, shall be members of the Teachers’ Retirement System;
    14. Effective January 1, 1998, employees of state community colleges who are transferred to the Kentucky Community and Technical College System shall continue to participate in federal old age, survivors, disability, and hospital insurance, and a retirement plan other than the Kentucky Teachers’ Retirement System offered by Kentucky Community and Technical College System. New employees occupying positions in the Kentucky Community and Technical College System as referenced in KRS 164.5807(5) that would not have previously been included in the former Cabinet for Workforce Development, shall participate in federal old age, survivors, disability, and hospital insurance and have a choice at the time of employment of participating in a retirement plan provided by the Kentucky Community and Technical College System, including participation in the Kentucky Teachers’ Retirement System, on the same basis as faculty of the state universities as provided in KRS 161.235 , 161.540 , and 161.620 ;
    15. Employees of the Office of General Counsel, the Office of Budget and Administrative Services, and the Office of Quality and Human Resources within the Office of the Secretary of the former Cabinet for Workforce Development and the commissioners of the former Department for Adult Education and Literacy and the former Department for Technical Education who were contributing to the Kentucky Teachers’ Retirement System as of July 15, 2000;
    16. Employees of the Kentucky Department of Education only who are graduates of a four (4) year college or university, notwithstanding a substitution clause within a job classification, and who are serving in a professional job classification as defined by the department;
    17. The Governor’s School for Entrepreneurs Program; and
    18. Employees of the Office of Adult Education within the Department of Workforce Investment in the Education and Workforce Development Cabinet who were employees of the Council on Postsecondary Education, Kentucky Adult Education Program and who were members of the Kentucky Teachers’ Retirement System at the time the program was transferred to the cabinet pursuant to Executive Orders 2019-0026 and 2019-0027.
  5. “Present teacher” means any teacher who was a teacher on or before July 1, 1940, and became a member of the retirement system created by 1938 (1st Extra. Sess.) Ky. Acts ch. 1, on the date of the inauguration of the system or within one (1) year after that date, and any teacher who was a member of a local teacher retirement system in the public elementary or secondary schools of the state on or before July 1, 1940, and continued to be a member of the system until he, with the membership of the local retirement system, became a member of the state Teachers’ Retirement System or who becomes a member under the provisions of KRS 161.470(4);
  6. “New teacher” means any member not a present teacher;
  7. “Prior service” means the number of years during which the member was a teacher in Kentucky prior to July 1, 1941, except that not more than thirty (30) years’ prior service shall be allowed or credited to any teacher;
  8. “Subsequent service” means the number of years during which the teacher is a member of the Teachers’ Retirement System after July 1, 1941;
  9. “Final average salary” means the average of the five (5) highest annual salaries which the member has received for service in a covered position and on which the member has made contributions, or on which the public board, institution, or agency has picked-up member contributions pursuant to KRS 161.540(2), or the average of the five (5) years of highest salaries as defined in KRS 61.680(2)(a), which shall include picked-up member contributions. Additionally, the board of trustees may approve a final average salary based upon the average of the three (3) highest salaries for members who are at least fifty-five (55) years of age and have a minimum of twenty-seven (27) years of Kentucky service credit. However, if any of the five (5) or three (3) highest annual salaries used to calculate the final average salary was paid within the three (3) years immediately prior to the date of the member’s retirement, the amount of salary to be included for each of those three (3) years for the purpose of calculating the final average salary shall be limited to the lesser of:
    1. The member’s actual salary; or
    2. The member’s annual salary that was used for retirement purposes during each of the prior three (3) years, plus a percentage increase equal to the percentage increase received by all other members employed by the public board, institution, or agency, or for members of school districts, the highest percentage increase received by members on any one (1) rank and step of the salary schedule of the school district. The increase shall be computed on the salary that was used for retirement purposes.
  10. “Annual compensation” means the total salary received by a member as compensation for all services performed in employment covered by the retirement system during a fiscal year. Annual compensation shall not include payment for any benefit or salary adjustments made by the public board, institution, or agency to the member or on behalf of the member which is not available as a benefit or salary adjustment to other members employed by that public board, institution, or agency. Annual compensation shall not include the salary supplement received by a member under KRS 157.197(2)(c), 158.6455 , or 158.782 on or after July 1, 1996. Under no circumstances shall annual compensation include compensation that is earned by a member while on assignment to an organization or agency that is not a public board, institution, or agency listed in subsection (4) of this section. In the event that federal law requires that a member continue membership in the retirement system even though the member is on assignment to an organization or agency that is not a public board, institution, or agency listed in subsection (4) of this section, the member’s annual compensation for retirement purposes shall be deemed to be the annual compensation, as limited by subsection (9) of this section, last earned by the member while still employed solely by and providing services directly to a public board, institution, or agency listed in subsection (4) of this section. The board of trustees shall determine if any benefit or salary adjustment qualifies as annual compensation. For an individual who becomes a member on or after July 1, 2008, annual compensation shall not include lump-sum payments upon termination of employment for accumulated annual or compensatory leave;
  11. “Age of member” means the age attained on the first day of the month immediately following the birthdate of the member. This definition is limited to retirement eligibility and does not apply to tenure of members;
  12. “Employ,” and derivatives thereof, means relationships under which an individual provides services to an employer as an employee, as an independent contractor, as an employee of a third party, or under any other arrangement as long as the services provided to the employer are provided in a position that would otherwise be covered by the Kentucky Teachers’ Retirement System and as long as the services are being provided to a public board, institution, or agency listed in subsection (4) of this section;
  13. “Regular interest” means interest at three percent (3%) per annum, except:
    1. For an individual who becomes a member on or after July 1, 2008, but prior to January 1, 2019, “regular interest” means interest at two and one-half percent (2.5%) per annum for purposes of crediting interest to the teacher savings account or any other contributions made by the employee that are refundable to the employee upon termination of employment; and
    2. For an individual who becomes a member on or after January 1, 2019, who is participating in the hybrid cash balance plan, “regular interest” means the regular interest credited to the member’s accumulated account balance as provided by KRS 161.235 ;
  14. “Accumulated contributions” means the contributions of a member to the teachers’ savings fund, including picked-up member contributions as described in KRS 161.540(2), plus accrued regular interest;
  15. “Annuitant” means a person who receives a retirement allowance or a disability allowance;
  16. “Local retirement system” means any teacher retirement or annuity system created in any public school district in Kentucky in accordance with the laws of Kentucky;
  17. “Fiscal year” means the twelve (12) month period from July 1 to June 30. The retirement plan year is concurrent with this fiscal year. A contract for a member employed by a local board of education may not exceed two hundred sixty-one (261) days in the fiscal year;
  18. “Public schools” means the schools and other institutions mentioned in subsection (4) of this section;
  19. “Dependent” as used in KRS 161.520 and 161.525 means a person who was receiving, at the time of death of the member, at least one-half (1/2) of the support from the member for maintenance, including board, lodging, medical care, and related costs;
  20. “Active contributing member” means a member currently making contributions to the Teachers’ Retirement System, who made contributions in the next preceding fiscal year, for whom picked-up member contributions are currently being made, or for whom these contributions were made in the next preceding fiscal year;
  21. “Full-time” means employment in a position that requires services on a continuing basis equal to at least seven-tenths (7/10) of normal full-time service on a fiscal year basis;
  22. “Full actuarial cost,” when used to determine the payment that a member must pay for service credit means the actuarial value of all costs associated with the enhancement of a member’s benefits or eligibility for benefit enhancements, including health insurance supplement payments made by the retirement system. The actuary for the retirement system shall determine the full actuarial value costs and actuarial cost factor tables as provided in KRS 161.400 ;
  23. “Last annual compensation” means the annual compensation, as defined by subsection (10) of this section and as limited by subsection (9) of this section, earned by the member during the most recent period of contributing service, either consecutive or nonconsecutive, that is sufficient to provide the member with one (1) full year of service credit in the Kentucky Teachers’ Retirement System, and which compensation is used in calculating the member’s initial retirement allowance, excluding bonuses, retirement incentives, payments for accumulated sick leave authorized by KRS 161.155 , annual, personal, and compensatory leave, and any other lump-sum payment. For an individual who becomes a member on or after July 1, 2008, payments for annual or compensatory leave shall not be included in determining the member’s last annual compensation;
  24. “Participant” means a member, as defined by subsection (4) of this section, or an annuitant, as defined by subsection (15) of this section;
  25. “Qualified domestic relations order” means any judgment, decree, or order, including approval of a property settlement agreement, that:
    1. Is issued by a court or administrative agency; and
    2. Relates to the provision of child support, alimony payments, or marital property rights to an alternate payee;
  26. “Alternate payee” means a spouse, former spouse, child, or other dependent of a participant, who is designated to be paid retirement benefits in a qualified domestic relations order;
  27. “University member” means an individual who becomes a member through employment with an employer specified in subsection (4)(b) and (n) of this section;
  28. “Nonuniversity member” means an individual who becomes a member through employment with an employer specified under subsection (4) of this section, except for those members employed by an employer specified in subsection (4)(b) and (n) of this section;
  29. “Accumulated employer credit” means the employer pay credit deposited to the member’s account and regular interest credited on such amounts as provided by KRS 161.235 ; and
  30. “Accumulated account balance” means:
    1. For members who began participating in the system prior to January 1, 2019, the member’s accumulated contributions; or
    2. For members who began participating in the system on or after January 1, 2019, in the hybrid cash balance plan as provided by KRS 161.235 , the combined sum of the member’s accumulated contributions and the member’s accumulated employer credit.

This limitation shall not apply if the member receives an increase in salary in a percentage exceeding that received by the other members, and this increase was accompanied by a corresponding change in position or in length of employment. This limitation shall also not apply to the payment to a member for accrued annual leave if the individual becomes a member before July 1, 2008, or accrued sick leave which is authorized by statute and which shall be included as part of a retiring member’s annual compensation for the member’s last year of active service as provided by KRS 161.155 ;

HISTORY: 4506b-2; amend. Acts 1946, ch. 111, § 1; 1954, ch. 196, § 1, 2; 1960, ch. 44, § 1; 1962, ch. 64, § 1; 1964, ch. 43, § 1; 1966, ch. 16, § 1; 1966, ch. 255, § 152; 1968, ch. 136, § 1; 1972, ch. 82, § 1; 1974, ch. 395, § 1; 1976, ch. 351, § 1, effective July 1, 1976; 1978, ch. 152, § 1, effective March 28, 1978; 1982, ch. 166, § 11, effective July 15, 1982; 1984, ch. 253, § 3, effective July 1, 1984; 1984, ch. 302, § 1, effective July 13, 1984; 1986, ch. 440, § 1, effective July 1, 1986; 1988, ch. 363, § 1, effective July 1, 1988; 1990, ch. 442, § 1, effective July 13, 1990; 1990, ch. 470, § 54, effective July 13, 1990; 1990, ch. 476, Pt. IV, § 243, effective July 13, 1990; 1992, ch. 192, § 1, effective July 1, 1992; 1992, ch. 357, § 2, effective July 14, 1992; 1994, ch. 369, § 1, effective July 1, 1994; 1994, ch. 469, § 34, effective July 15, 1994; 1996, ch. 271, § 10, effective July 15, 1996; 1996, ch. 359, § 2, effective July 1, 1996; 1997 (1st Ex. Sess.), ch. 1, § 68, effective May 30, 1997; 1998, ch. 50, § 3, effective July 15, 1998; 1998, ch. 515, § 2, effective July 1, 1998; 2000, ch. 498, § 5, effective July 1, 2000; 2001, ch. 51, § 1, effective June 21, 2001; 2001, ch. 137, § 15, effective June 21, 2001; 2002, ch. 275, § 3, effective July 1, 2002; 2002, ch. 300, § 4, effective July 15, 2002; 2004, ch. 121, § 1, effective July 1, 2004; 2006, ch. 211, § 91, effective July 12, 2006; 2008, ch. 78, § 2, effective July 1, 2008; 2008 (1st Ex. Sess.), ch. 1, § 29, effective June 27, 2008; 2010, ch. 104, § 4, effective April 8, 2010; 2010, ch. 148, § 9, effective July 15, 2010; 2010, ch. 164, § 3, effective July 1, 2010; 2016 ch. 150, § 4, effective July 15, 2016; 2018 ch. 107, § 45, effective July 14, 2018; 2019 ch. 146, § 31, effective June 27, 2019.

Legislative Research Commission Note.

(7/13/90). This section was amended by three Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails.

NOTES TO DECISIONS

1. Annual Compensation.

Circuit court did not err in affirming the teachers' retirement system's determination that an employee's annual incentive pay was to be excluded from his annual compensation in determining his retirement benefits as that interpretation was more reasonable and consistent with agency interpretation, and incentive pay was not available to all other employees. Smith v. Teachers' Ret. Sys., 515 S.W.3d 672, 2017 Ky. App. LEXIS 11 (Ky. Ct. App. 2017).

Cited:

Cooksey v. Board of Education, 316 S.W.2d 70, 1957 Ky. LEXIS 3 ( Ky. 1957 ).

Opinions of Attorney General.

Under KRS 61.410 participation in the social security program is mandatory for all public employees of the Commonwealth except those employees occupying a position to which the provisions of KRS 161.220 to 161.710 are applicable and consequently, the executive secretary, assistant executive secretary, senior accountant and administrative officer of the teacher’s retirement system are neither subject to, nor eligible for, participation in the social security program. OAG 69-355 .

If additional teaching activity falls within the category of being in fact a part of the regularly approved program of the public school district or the vocational school for which certification or a professional level of training is required as a condition of employment, then teachers’ retirement applies and the teacher would not be eligible for social security participation. The additional hours requiring services beyond the normal teaching day are regarded as an extension of the regular full-time employment. OAG 69-430 .

When the professional staff members of the division of disability determinations were a part of the department of education they were allowed to participate in the Kentucky Teachers’ Retirement System and were exempt from participation in the federal social security program; however, when this division was transferred to the Department for Human Resources, the members lost their status as professional staff members and, although they had the option of retaining membership in the Kentucky Teachers’ Retirement System or joining the Kentucky Employees Retirement System, it was mandatory they participate in the federal social security program. OAG 73-767 .

Any employee of the Kentucky Authority for Educational Television currently a member of the Kentucky Employees Retirement System who, because of subsection (4)(d) of this section, may be qualified to participate in the teachers’ retirement system has the option of joining the teachers’ retirement system as provided by KRS 161.607 or retaining membership in Kentucky Employees Retirement System as provided by KRS 61.680 . OAG 74-305 .

ROTC teachers may be employed without being certified but an uncertified ROTC teacher may not be a member of the Kentucky Teacher’s Retirement System. OAG 74-387 .

Participation by the faculty of Western Kentucky University in the State Teacher’s Retirement System is mandatory and where, as in this case, a majority of the faculty elects under KRS 61.435 to participate in the federal social security program, participation in that program also is mandatory and there is no legal way thereafter that the faculty can withdraw or discontinue its participation. OAG 75-268 .

The salary an individual earns as a state legislator does not fall within the statutory definition under KTRS law as “annual compensation” which is subject to employee contributions in the KTRS. OAG 78-226 .

Interpretation of what constitutes a “professional level of training” is a responsibility resting with the Board of Trustees of the Teachers Retirement System of the state of Kentucky, which has defined the term to mean graduation from a recognized college or university or its equivalent. OAG 85-133 .

Research References and Practice Aids

Kentucky Law Journal.

Comments, Constitutional Limitations on Mandatory Teacher Retirement, 67 Ky. L.J. 253 (1978-1979).

161.230. Retirement system — Purpose — Name.

The Teachers’ Retirement System is established as of July 1, 1940, for the purpose of providing retirement allowances for teachers, their beneficiaries, and survivors under the provisions of KRS 161.155 and 161.220 to 161.714 . The Teachers’ Retirement System of the State of Kentucky shall be an independent agency and instrumentality of the Commonwealth and this status shall only be amended or changed by the General Assembly. It shall have the powers and the privileges of a corporation and shall be known as the “Teachers’ Retirement System of the State of Kentucky.” Its business shall be transacted, its funds invested, and its cash and securities held in that name, or in the name of its nominee provided that its nominee is authorized by board of trustees’ resolution solely for the purpose of facilitating the transfer of securities. The board of trustees may designate a nominee as provided in KRS 286.3-225 ; or it may name as nominee a partnership composed of selected trustees and employees of the system, and formed for the sole purpose of holding legal or registered title of such securities, and for the transfer of securities in accordance with directions of the board of trustees.

History. 4506b-1; amend. Acts 1972, ch. 82, § 2; 1982, ch. 326, § 2, effective July 1, 1982; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 485, effective July 13, 1990.

Compiler’s Notes.

This section (4506b-1; amend. Acts 1972, ch. 82, § 2; 1982, ch. 326, § 2, effective July 1, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 485, effective July 13, 1994.

Legislative Research Commission Note.

(7/12/2006). 2006 Ky. Acts ch. 247 instructs the Reviser of Statutes to adjust KRS references throughout the statutes to conform with the 2006 renumbering of the Financial Services Code, KRS Chapter 286. Such an adjustment has been made in this statute.

NOTES TO DECISIONS

1. Purpose.

The purpose of pensions for retired teachers is to provide an inducement to teachers to remain in the profession so that the school system will benefit from having experienced teachers, and to reward faithful service rendered for meager compensation. Board of Education v. Louisville, 288 Ky. 656 , 157 S.W.2d 337, 1941 Ky. LEXIS 198 ( Ky. 1941 ).

Cited:

Sherrard v. Jefferson County Board of Education, 294 Ky. 469 , 171 S.W.2d 963, 1942 Ky. LEXIS 2 ( Ky. 1942 ).

161.235. Establishment of hybrid cash balance plan for new Teachers Retirement System members who begin participating on or after January 1, 2019 — TRS members with fewer than five years of service may elect participation. [Declared void — See LRC Note Below].

  1. An individual who becomes a member of the Teachers’ Retirement System on or after January 1, 2019, shall receive the retirement benefits provided by this section in lieu of the retirement benefits provided under KRS 161.600 and 161.620 . The retirement benefits provided by this section shall be known as the hybrid cash balance plan and shall operate as another benefit tier within the Teachers’ Retirement System.
  2. The hybrid cash balance plan shall provide a retirement benefit based upon the member’s accumulated account balance, which shall include:
    1. Contributions made by the member as provided by KRS 161.220 to 161.716 , except for employee contributions prescribed by KRS 161.540(1)(a)2., (1)(b)2., or (1)(c);
    2. An employer pay credit for:
      1. Nonuniversity employees equal to eight percent (8%) of the compensation earned by the employee for each month the employee is contributing to the hybrid cash balance plan provided by this section; and
      2. University employees equal to four percent (4%) of the compensation earned by the employee for each month the employee is contributing to the hybrid cash balance plan provided by this section; and
    3. Regular interest added annually to the member’s accumulated account balance as provided by this section.
    1. Member contributions and employer pay credits as provided by subsection (2)(a) and (b) of this section shall be credited to the member’s account monthly as contributions are reported and posted to the system in accordance with KRS 161.560 . (3)   (a)  Member contributions and employer pay credits as provided by subsection (2)(a) and (b) of this section shall be credited to the member’s account monthly as contributions are reported and posted to the system in accordance with KRS 161.560 .
    2. Regular interest, as provided by subsection (2)(c) of this section, shall be credited to the member’s account annually on June 30 of each fiscal year, as determined by subsection (4) of this section.
    1. On June 30 of each fiscal year, the system shall determine if the member contributed to the hybrid cash balance plan or another state-administered retirement system during the fiscal year. (4)   (a)  On June 30 of each fiscal year, the system shall determine if the member contributed to the hybrid cash balance plan or another state-administered retirement system during the fiscal year.
    2. If the member contributed to the hybrid cash balance plan or another state-administered retirement system during the fiscal year, the regular interest added to the member’s account for that fiscal year shall be determined by multiplying the member’s accumulated account balance on June 30 of the preceding fiscal year by a percentage increase equal to eighty-five percent (85%) of the system’s geometric average net investment return, but in no case shall be less than zero percent (0%).
    3. If the member did not contribute to the hybrid cash balance plan or another state-administered retirement system during the fiscal year, the regular interest added to the member’s account for that fiscal year shall be zero percent (0%).
    4. For purposes of this subsection, “system’s geometric average net investment return”:
      1. Means the annual average geometric investment return, net of administrative and investment fees and expenses, over the last ten (10) fiscal years as of the date the regular interest is credited to the member’s account; and
      2. Shall be expressed as a percentage.
    5. No employer pay credits or regular interest shall be provided to a member who has taken a refund of his or her accumulated account balance as provided by KRS 161.470 or who has retired and annuitized his or her accumulated account balance as prescribed by this section.
    1. Upon termination of employment, a member who has less than five (5) years of service credited under KRS 161.500 , who elects to take a refund of his or her accumulated account balance as provided by KRS 161.470 , shall forfeit the accumulated employer credit, and shall only receive a refund of his or her accumulated contributions. (5)   (a)  Upon termination of employment, a member who has less than five (5) years of service credited under KRS 161.500 , who elects to take a refund of his or her accumulated account balance as provided by KRS 161.470 , shall forfeit the accumulated employer credit, and shall only receive a refund of his or her accumulated contributions.
    2. Upon termination of employment, a member who has five (5) or more years of service credited under KRS 161.500, who elects to take a refund of his or her accumulated account balance as provided by KRS 161.470, shall receive a full refund of his or her accumulated account balance.
  3. A member participating in the hybrid cash balance plan provided by this section may qualify for service retirement by meeting one (1) of the following requirements:
    1. On or after age sixty-five (65), if he or she has earned five (5) or more years of service credited under KRS 161.500 , or another state-administered retirement system; or
    2. If the member is at least age fifty-seven (57) and has an age and years of service total of at least eighty-seven (87) years. The years of service used to determine eligibility for retirement under this paragraph shall only include years of service credited under KRS 161.500 , or another state-administered retirement system.
  4. A member eligible to retire under subsection (6) of this section may elect to:
    1. Receive a monthly retirement allowance payable for life by having his or her accumulated account balance annuitized by the retirement system in accordance with the actuarial assumptions and actuarial methods adopted by the board and in effect on the member’s retirement date;
    2. Receive the actuarial equivalent of his or her retirement allowance calculated under paragraph (a) of this subsection payable under one (1) of the options established by the board pursuant to KRS 161.630 ; or
    3. Take a refund of his or her account balance as provided by KRS 161.470 .
  5. This section does not apply to members who began participating in the Teachers’ Retirement System prior to January 1, 2019, except for those members who make an election as prescribed by subsection (9) of this section.
    1. Subject to the provisions of this subsection, any contributing member who began participating in the Teachers’ Retirement System prior to January 1, 2019, who has less than five (5) years of service in the system may, in lieu of the benefits he or she is currently eligible to receive from the Teachers’ Retirement System, elect to participate in the hybrid cash balance plan provided by this section and receive the other benefits and rights under KRS 161.220 to 161.716 provided to members who began participating in the system on or after January 1, 2019. After such election, the member shall for purposes of KRS 161.220 to 161.716 be considered a member who began participating on or after January 1, 2019. (9)   (a)  Subject to the provisions of this subsection, any contributing member who began participating in the Teachers’ Retirement System prior to January 1, 2019, who has less than five (5) years of service in the system may, in lieu of the benefits he or she is currently eligible to receive from the Teachers’ Retirement System, elect to participate in the hybrid cash balance plan provided by this section and receive the other benefits and rights under KRS 161.220 to 161.716 provided to members who began participating in the system on or after January 1, 2019. After such election, the member shall for purposes of KRS 161.220 to 161.716 be considered a member who began participating on or after January 1, 2019.
    2. The election provided by this subsection shall be made in writing and on a form prescribed by the Teachers’ Retirement System board.
    3. For each member who makes an election provided by this subsection:
      1. Any service credit the member has accrued prior to January 1, 2019, shall be considered as service credit earned on or after January 1, 2019; and
      2. On the member’s effective election date, the value of the member’s accumulated contributions shall be deposited into the member’s hybrid cash balance plan account.
    4. Before accepting an election provided by this subsection, the Teachers’ Retirement System board shall provide the member with information detailing the potential results of the member’s election.
    5. An election made pursuant to this subsection shall be irrevocable.
    6. 1.  A member of the Teachers’ Retirement System shall not be eligible to make an election prescribed by this subsection until the board receives a favorable private letter ruling from the Internal Revenue Service regarding this subsection. 2. If the Internal Revenue Service denies the request for a private letter ruling as provided by subparagraph 1. of this paragraph, this subsection shall be void. 3. The system may promulgate administrative regulations under KRS Chapter 13A in order to carry out this subsection.
    7. This subsection does not apply to annuitants who retired on or after January 1, 2019, and who were reemployed on or after January 1, 2019, and who are not eligible to participate in the system during reemployment.

HISTORY: 2018 ch. 107, § 43, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. This statute was created in Section 43 of that Act.

161.240. Districts, institutions and offices included in system; junior colleges. [Repealed.]

Compiler’s Notes.

This section (4506b-3: amend. Acts 1948, ch. 194) was repealed by Acts 1964, ch. 43, § 23.

161.250. Board of trustees to control retirement — Membership — Appeals — Trustee education program — Public disclosure of best practices model — Administrative regulations for authorized benefit improvements.

    1. The general administration and management of the retirement system, and the responsibility for its proper operation and for making effective provisions of KRS 161.155 and 161.220 to 161.714 are vested in a board of trustees to be known as the “Board of Trustees of the Teachers’ Retirement System of the State of Kentucky.” (1) (a) The general administration and management of the retirement system, and the responsibility for its proper operation and for making effective provisions of KRS 161.155 and 161.220 to 161.714 are vested in a board of trustees to be known as the “Board of Trustees of the Teachers’ Retirement System of the State of Kentucky.”
    2. The board of trustees shall consist of the following:
      1. The chief state school officer;
      2. The State Treasurer;
      3. Two (2) trustees, appointed by the Governor of the Commonwealth, subject to Senate confirmation in accordance with KRS 11.160 for each appointment or reappointment. These two (2) trustees shall have investment experience. For purposes of this subparagraph, a trustee with “investment experience” means an individual who does not have a conflict of interest, as provided by KRS 161.460 , and who has at least ten (10) years of experience in one (1) of the following areas of expertise:
        1. A portfolio manager acting in a fiduciary capacity;
        2. A professional securities analyst or investment consultant;
        3. A current or retired employee or principal of a trust institution, investment or finance organization, or endowment fund acting in an investment-related capacity;
        4. A chartered financial analyst in good standing as determined by the CFA Institute; or
        5. A university professor, teaching investment-related studies; and
      4. Seven (7) other trustees elected as provided in KRS 161.260 . Four (4) of the elective trustees shall be members of the retirement system, to be known as teacher trustees, two (2) shall be persons who are not members of the teaching profession, to be known as the lay trustees, and one (1) shall be an annuitant of the retirement system to be known as the retired teacher trustee. One (1) teacher trustee shall be elected annually for a four-year term. The retired teacher trustee shall be elected every four (4) years. The chief state school officer and the State Treasurer are considered ex officio members of the board of trustees and may designate in writing a person to represent them at board meetings.
      1. Elective trustees shall not serve more than three (3) consecutive four (4) year terms. An elective trustee who has served three (3) consecutive terms may be elected again after an absence of four (4) years from the board of trustees. (c) 1. Elective trustees shall not serve more than three (3) consecutive four (4) year terms. An elective trustee who has served three (3) consecutive terms may be elected again after an absence of four (4) years from the board of trustees.
      2. The term limits established by subparagraph 1. of this paragraph shall apply to elective trustees serving on or after July 1, 2012, and all terms of office served prior to July 1, 2012, shall be used to determine if the elective trustee has exceeded the term limits provided by subparagraph 1. of this paragraph.
      1. Each appointed trustee shall serve a term of four (4) years. An appointed trustee shall not serve more than three (3) consecutive four (4) year terms. An appointed trustee who has served three (3) consecutive terms may be appointed again after an absence of four (4) years from the board of trustees. (d) 1. Each appointed trustee shall serve a term of four (4) years. An appointed trustee shall not serve more than three (3) consecutive four (4) year terms. An appointed trustee who has served three (3) consecutive terms may be appointed again after an absence of four (4) years from the board of trustees.
      2. Any vacancy that occurs in an appointed position shall be filled in the same manner that provides for the selection of the trustee; however, any vacancy shall be filled only for the duration of the unexpired term.
  1. A member, retired member, or designated beneficiary may appeal the retirement system’s decisions that materially affect the amount of service retirement allowance, amount of service credit, eligibility for service retirement, or eligibility for survivorship benefits to which that member, retired member, or designated beneficiary claims to be entitled. All appeals must be in writing and filed with the retirement system within thirty (30) days of the claimant’s first notice of the retirement system’s decision. For purposes of this section, notice shall be complete and effective upon the date of mailing of the retirement system’s decision to the claimant at the claimant’s last known address. Failure by the claimant to file a written appeal with the retirement system within the thirty (30) day period shall result in the decision of the retirement system becoming permanent with the effect of a final and unappealable order. Appeals may include a request for an administrative hearing which shall be conducted in accordance with the provisions of KRS Chapter 13B. The board of trustees may establish an appeals committee whose members shall be appointed by the chairperson and who shall have the authority to act upon the report and recommendation of the hearing officer by issuing a final order on behalf of the full board of trustees. A member, retired member, or designated beneficiary who has filed a timely, written appeal of a decision of the retirement system may, following the administrative hearing and issuance of the final order by the board of trustees, appeal the final order of the board of trustees to the Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B.
  2. The board of trustees shall establish a formal trustee education program for all trustees of the board. The program shall include but not be limited to the following:
    1. A required orientation program for all new trustees to the board. The orientation program shall include training on:
      1. Benefits and benefits administration;
      2. Investment concepts, policies, and current composition and administration of retirement system investments;
      3. Laws, bylaws, and administrative regulations pertaining to the retirement system and to fiduciaries; and
      4. Actuarial and financial concepts pertaining to the retirement system.
    2. Annual required training for trustees on the administration, benefits, financing, and investing of the retirement system. If a trustee fails to complete the annual required training during the calendar or fiscal year, the retirement system shall withhold payment of the per diem and travel expenses due to the board member under KRS 161.290 until the board member has met the annual training requirements; and
    3. The retirement system shall incorporate by reference in an administrative regulation, pursuant to KRS 13A.2251 , the trustee education program.
  3. In order to improve public transparency regarding the administration of the system, the board of trustees shall adopt a best practices model by posting the following information to the retirement system’s Web site and shall make available to the public:
    1. Meeting notices and agendas for all meetings of the board. Notices and agendas shall be posted to the retirement system’s Web site at least seventy- two (72) hours in advance of the board or committee meetings, except in the case of special or emergency meetings as provided by KRS 61.823 ;
    2. The Comprehensive Annual Financial Report with the information as follows:
      1. A general overview and update on the retirement system by the executive secretary;
      2. A listing of the board of trustees;
      3. A listing of key staff;
      4. An organizational chart;
      5. Financial information, including a statement of plan net assets, a statement of changes in plan net assets, an actuarial value of assets, a schedule of investments, a statement of funded status and funding progress, and other supporting data;
      6. Investment information, including a general overview, a list of the retirement system’s professional consultants, a total net return on retirement system investments over a historical period, an investment summary, contracted investment management expenses, transaction commissions, and a schedule of investments;
      7. The annual actuarial valuation report on the pension benefit and the medical insurance benefit; and
      8. A general statistical section, including information on contributions, benefit payouts, and retirement system demographic data;
    3. All external audits;
    4. All board minutes or other materials that require adoption or ratification by the board of trustees. The items listed in this paragraph shall be posted within seventy-two (72) hours of adoption or ratification of the board;
    5. All bylaws, policies, or procedures adopted or ratified by the board of trustees;
    6. The retirement system’s summary plan description;
    7. The retirement system’s law book;
    8. A listing of the members of the board of trustees and membership on each committee established by the board, including any investment committees;
    9. All investment holdings in aggregate, fees, and commissions for each fund administered by the board, which shall be updated on a quarterly basis for fiscal years beginning on or after July 1, 2017. The system shall request from all managers, partnerships, and any other available sources all information regarding fees and commissions and shall, based on the requested information received:
      1. Disclose the dollar value of fees or commissions paid to each individual manager or partnership;
      2. Disclose the dollar value of any profit sharing, carried interest, or any other partnership incentive arrangements, partnership agreements, or any other partnership expenses received by or paid to each manager or partnership; and
      3. As applicable, report each fee or commission by manager or partnership consistent with standards established by the Institutional Limited Partners Association (ILPA).
    10. An update of net of fees investment returns, asset allocations, and the performance of the funds against benchmarks adopted by the board for each fund, for each asset class administered by the board, and for each manager. The update shall be posted on a quarterly basis for fiscal years beginning on or after July 1, 2017;
    11. All contracts or offering documents for services, goods, or property purchased or utilized by the system; and
    12. A searchable database of the system’s expenditures and a listing of each individual employed by the system along with the employee’s salary or wages. In lieu of posting the information required by this paragraph to the system’s Web site, the system may provide the information through a Web site established by the executive branch to inform the public about executive branch agency expenditures and public employee salaries and wages.
  4. Notwithstanding the requirements of subsection (4) of this section, the retirement system shall not be required to furnish information that is protected under KRS 161.585 , exempt under KRS 61.878 , or that, if disclosed, would compromise the retirement system’s ability to competitively invest in real estate or other asset classes, except that no provision of this section or KRS 61.878 shall exclude disclosure and review of all contracts, including investment contracts, by the board, the Auditor of Public Accounts, and the Government Contract Review Committee established pursuant to KRS 45A.705 or the disclosure of investment fees and commissions as provided by this section. If any public record contains material which is not excepted under this section, the system shall separate the excepted material by removal, segregation, or redaction, and make the nonexcepted material available for examination.
  5. For any benefit improvements the General Assembly has authorized the board of trustees to establish under KRS 161.220 to 161.716 and that require formal adoption by the board, the board shall establish the benefits by promulgation of administrative regulations in accordance with KRS Chapter 13A.

If a trustee fails to complete the orientation program within one (1) year from the beginning of his or her first term on the board, the retirement system shall withhold payment of the per diem and travel expenses due to the board member under KRS 161.290 until the trustee has completed the orientation program;

In addition to the requirements of this paragraph, the system shall also disclose the name and address of all individual underlying managers or partners in any fund of funds in which system assets are invested;

History. 4506b-5; amend. Acts 1972, ch. 82, § 3; 1974, ch. 395, § 2, effective July 1, 1974; 1982, ch. 326, § 3, effective July 1, 1982; 1990, ch. 476, Pt. IV, § 244, effective July 13, 1990; 2000, ch. 498, § 6, effective July 1, 2000; 2002, ch. 275, § 4, effective July 1, 2002; 2008 (1st Ex. Sess.), ch. 1, § 30, effective June 27, 2008; 2012, ch. 75, § 10, effective April 11, 2012; 2017 ch. 12, § 5, effective March 10, 2017.

Legislative Research Commission Notes.

(3/10/2017). 2017 Ky. Acts ch. 12, sec. 15 provided that, for the purposes of providing staggered appointments of the two trustees established by subsection (1)(b) of this statute, the Governor shall appoint one trustee for an initial term of four years and one trustee for an initial term of two years, provided that the initial term of two years shall not count towards the term limitations in subsection (1)(d) of this statute for the one trustee so appointed.

(6/27/2008). The Reviser of Statutes has altered the numbering of subsection (3)(a) of this statute from the way it appeared in 2008 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 30, under the authority of KRS 7.136(1)(c).

(6/27/2008). 2008 (1st Extra Sess.) Ky. Acts ch. 1, sec. 44, provides “The provisions of...subsection (1)(c) of Section 30 of this Act (this statute) that reduce the term limits of elected or appointed members of the board of trustees of the...Kentucky Teachers’ Retirement System shall apply to terms of office beginning after July 1, 2008.”

Opinions of Attorney General.

A certified teacher who has taught long enough to acquire a vested interest in the teachers’ retirement system but who left teaching for another occupation several years before would be “a member of the teaching profession” and would not be eligible to serve as a lay member of the board of trustees of the teachers’ retirement system, since this section envisioned a person with an objective approach who would not be influenced by having a teaching background. OAG 71-150 .

161.260. Election of members of board of trustees.

An election shall be held on or before June 1 of each year to elect trustees. The trustees to be elected each year shall depend upon the respective terms of the trustees elected under Acts 1938 (1st Ex. Sess.), Ch. 1, paragraph 7 and Acts 1940, Ch. 192, paragraph 7a, and KRS 161.250 . Each trustee shall assume office on July 1 following his election and shall serve for a term of four (4) years. The elections shall be conducted by ballot under the supervision of the chief state school officer. Each person who is a contributing member as a result of full-time employment in a position covered by the retirement system or who is an annuitant of the retirement system shall have the right to vote. Each person who is a contributing member as a result of part-time or substitute employment in a position covered by the retirement system shall be permitted to vote as provided in KRS 161.612 . Nominations for trustees shall be made by a nominating committee consisting of one (1) committee member selected by the retirement system membership of each of the districts of the Kentucky Education Association, and one (1) committee member to be selected by retired teachers, on a statewide basis, from among the annuitants of the retirement system. No person may be a member of the nominating committee who is not a member of the system, except for the committee member to be selected from among the annuitants of the system. The president of the Kentucky Education Association shall preside over the meeting of the nominating committee and the secretary of the Teachers’ Retirement System shall act as secretary to the committee. Two (2) persons shall be nominated by the nominating committee for each position to be filled. All expenses of the election shall be paid by the board of trustees out of its general expense fund.

History. 4506b-6, 4506b-6a; amend. Acts 1960, ch. 44, § 2; 1970, ch. 95, § 1; 1972, ch. 82, § 4; 1990, ch. 476, Pt. IV, § 245, effective July 13, 1990; 2004, ch. 121, § 2, effective July 1, 2004.

Opinions of Attorney General.

The members of the Kentucky Teachers’ Retirement System Trustee Nominating Committee are entitled to reimbursement out of the board of trustees’ general expenses fund for all reasonable, actual and necessary expenses incurred in attending the nomination meeting. OAG 83-479 .

161.270. Vacancies, how filled.

Vacancies occurring during the terms of the elective members shall be filled by the remaining members of the board of trustees by election for the unexpired terms.

History. 4506b-7; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 486, effective July 13, 1990.

Compiler’s Notes.

This section (4506b-7) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 486, effective July 13, 1990.

161.280. Oath of board members.

Each member of the board of trustees shall, within ten (10) days after his appointment or election, take an oath that he will support the Constitution of the United States and the Constitution of Kentucky, that he will diligently and honestly administer the affairs of the board, and that he will not knowingly violate or willingly permit to be violated any provisions of the law applicable to the retirement system. The oath of office shall be subscribed to by the member making it and certified to by the officer before whom it is taken, and shall be immediately filed in the office of the Secretary of State.

History. 4506b-9; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 487, effective July 13, 1990.

Compiler’s Notes.

This section (4506b-9) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 487, effective July 13, 1990.

Research References and Practice Aids

Cross-References.

Constitutional oath, Ky. Const., § 228.

When constitutional oath to be taken, KRS 62.010 .

161.290. Meetings, compensation, and expenses of board members.

  1. The board of trustees shall meet on the third Monday during the months of March, June, September, and December of each year. Special meetings may be called by the chairperson upon giving adequate notice to each member of the board of trustees. The business to be transacted at special meetings shall be specified in the notice of the meeting.
  2. The members of the board of trustees shall serve without compensation, except that elective trustees shall receive ninety dollars ($90) for each day the board is in session and all elected trustees shall be reimbursed from the expense fund for all necessary expenses they incur through service to the board without limitation of the provisions of KRS Chapters 44 and 45.
  3. The board of trustees may authorize a per diem, not to exceed ninety dollars ($90) per day, for trustees representing the system on committees or commissions established by statute or for service as an official representative of the board of trustees.
  4. The school district which employs a teacher trustee who is required to attend regular or special meetings of the board of trustees, represent the system on committees or commissions, or serve as an official representative of the board of trustees shall provide the teacher trustee with special leave with pay and pay the compensation for a substitute for the teacher trustee during periods of absence upon certification by the teacher trustee that the trustee is performing these duties for the system.

History. 4506b-8, 4506b-15; Acts 1960, ch. 44, § 3; 1972, ch. 82, § 5; 1974, ch. 395, § 53; 1974, ch. 395, § 3; 1976, ch. 351, § 2, effective July 1, 1976; 1982, ch. 326, § 4, effective July 1, 1982; 1986, ch. 440, § 2, effective July 1, 1986; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 488, effective July 13, 1990; 1992, ch. 192, § 2, effective July 1, 1992.

Compiler’s Notes.

This section (4506b-8, 4506b-15: amend. Acts 1960, ch. 44, § 3; 1972, ch. 82, § 5; 1974, ch. 395, § 53; 1974, ch. 395, § 3; 1976, ch. 351, § 2, effective July 1, 1976; 1982, ch. 326, § 4, effective July 1, 1982; 1986, ch. 440, § 2, effective July 1, 1986) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 488, effective July 13, 1990.

161.300. Quorum.

Seven (7) members of the board of trustees shall constitute a quorum. Each trustee shall be entitled to one (1) vote. Four (4) votes or a majority of the trustees present whichever is the larger number shall be necessary for a decision by the trustees at any meeting of the board.

History. 4506b-10; Acts 1974, ch. 395, § 4, effective July 1, 1974; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 489, effective July 13, 1990; 2017 ch. 12, § 6, effective March 10, 2017.

Compiler’s Notes.

This section (4506b-10: amend. Acts 1974, ch. 395, § 4, effective July 1, 1974) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 489, effective July 13, 1990.

161.310. Administrative regulations — Rules, regulations, and policies of participating employers to conform to chapter — Retirement incentives.

  1. The board of trustees shall from time to time promulgate administrative regulations for the administration of the funds of the retirement system and for the transaction of business.
  2. All rules, regulations, or policies adopted by school districts, universities, or other employers participating in the Teachers’ Retirement System that pertain to the retirement system shall conform to this chapter.
  3. All rules, regulations, or policies adopted, or decisions made, by school districts, universities, or other employers participating in the Teachers’ Retirement System that pertain to retirement incentives for members as defined in KRS 161.220(4) shall contain provisions for the school district, university, or other employer to make full payment to the retirement system at the time a member retires for all actuarial obligations that occur to the retirement system as a result of retirement incentive payments. Any payment made by the employer to a member on the condition that the member terminate employment with the employer shall be deemed a retirement incentive for purposes of this subsection if the member retires within six (6) months following the member’s termination in employment. This subsection shall not apply to retirement incentive plans adopted by local boards of education prior to December 31, 1997, and to those employees of local school districts who retired on or before July 1, 1998.

History. 4506b-11; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 490, effective July 13, 1990; 1994, ch. 369, § 2, effective July 1, 1994; 1998, ch. 515, § 3, effective July 1, 1998; 2002, ch. 275, § 5, effective July 1, 2002; 2008, ch. 78, § 3, effective July 1, 2008.

Compiler’s Notes.

This section (4506b-11) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 490, effective July 13, 1990.

161.320. Record of proceedings — Annual report.

The board of trustees shall keep a record of all its proceedings which shall be open to public inspection. It shall publish on or before January 1 of each year a report giving an account of the operation of the system, showing the fiscal transactions of the system for the preceding year and the amount of the accumulated cash and securities of the system, and containing the last balance sheet showing the financial condition of the system.

History. 4506-17; Acts 1968, ch. 136, § 2; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 491, effective July 13, 1990.

Compiler’s Notes.

This section (4506-17: amend. Acts 1968, ch. 136, § 2) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 491, effective July 13, 1990.

161.330. Cost of administration, how paid — Office space.

The cost of administration of the retirement system shall be paid out of the expense fund established for that purpose by the board of trustees. The board of trustees shall be responsible for the approval and administration of the expense fund budget, subject to the limitations imposed by KRS 161.420(1). Expenses for the operation of the retirement system shall be in such amounts as the board of trustees approves. The board of trustees is authorized to purchase or lease suitable office quarters for the operation of the retirement system.

History. 4506b-14; Acts 1972, ch. 82, § 6, 1984, ch. 253, § 4 effective July 1, 1984; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 492, effective July 13, 1990.

Compiler’s Notes.

This section (4506b-14; amend. Acts 1972, ch. 82, § 6, 1984, ch. 253, § 4 effective July 1, 1984) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 492, effective July 13, 1990.

161.340. Officers of board — Personnel of system — Contracting for services and commodities — Bonds of officers and employees — Leave balances.

    1. The board of trustees shall elect from its membership a chairperson and a vice chairperson on an annual basis as prescribed by the administrative regulations of the board of trustees. The chairperson shall not serve more than four (4) consecutive years as chairperson or vice chairperson of the board. The vice chairperson shall not serve more than four (4) consecutive years as chairperson or vice chairperson of the board. A trustee who has served four (4) consecutive years as chairperson or vice chairperson of the board may be elected chairperson or vice chairperson of the board after an absence of two (2) years from the position. (1) (a) The board of trustees shall elect from its membership a chairperson and a vice chairperson on an annual basis as prescribed by the administrative regulations of the board of trustees. The chairperson shall not serve more than four (4) consecutive years as chairperson or vice chairperson of the board. The vice chairperson shall not serve more than four (4) consecutive years as chairperson or vice chairperson of the board. A trustee who has served four (4) consecutive years as chairperson or vice chairperson of the board may be elected chairperson or vice chairperson of the board after an absence of two (2) years from the position.
    2. The board of trustees shall employ an executive secretary by means of a contract not to exceed a period of four (4) years and fix the compensation and other terms of employment for this position without limitation of the provisions of KRS Chapters 18A, 45A, 56, and KRS 64.640 . The executive secretary shall be the chief administrative officer of the board. The executive secretary, at the time of employment, shall be a graduate of a four (4) year college or university, and shall possess qualifications as the board of trustees may require. The executive secretary shall not have held by appointment or election an elective public office within the five (5) year period next preceding the date of employment.
  1. The board shall employ clerical, administrative, and other personnel as are required to transact the business of the retirement system. The compensation of all persons employed by the board shall be paid at the rates and in amounts as the board approves. Anything in the Kentucky Revised Statutes to the contrary notwithstanding, the power over and the control of determining and maintaining an adequate complement of employees in the system shall be under the exclusive jurisdiction of the board of trustees.
    1. Except as provided by KRS 161.430(7), the board shall contract for actuarial, auditing, legal, medical, investment counseling, and other professional or technical services, and commodities, as are required to carry out the obligations of the board in accordance with the provisions of this chapter, subject to KRS Chapters 45, 45A, 56, and 57 but without the limitations provided by KRS Chapters 12 and 13B. (3) (a) Except as provided by KRS 161.430(7), the board shall contract for actuarial, auditing, legal, medical, investment counseling, and other professional or technical services, and commodities, as are required to carry out the obligations of the board in accordance with the provisions of this chapter, subject to KRS Chapters 45, 45A, 56, and 57 but without the limitations provided by KRS Chapters 12 and 13B.
    2. The boardshall provide for legal counsel and other legal services as may be required in defense of trustees, officers, and employees of the system who may be subjected to civil action arising from the performance of their legally assigned duties if counsel and services are not provided by the Attorney General. The hourly rate of reimbursement for any contract for legal services under this paragraph shall not exceed the maximum hourly rate provided in the Legal Services Duties and Maximum Rate Schedule promulgated by the Government Contract Review Committee established pursuant to KRS 45A.705 , unless a higher rate is specifically approved by the secretary of the Finance and Administration Cabinet or his or her designee.
  2. The board shall require the trustees, executive secretary, and employees it determines proper to execute bonds for the faithful performance of their duties notwithstanding the limitations of KRS Chapter 62.
  3. The board of trustees may expend funds from the expense fund as necessary to insure the trustees, employees, and officials of the Teachers’ Retirement System against any liability arising out of an act or omission committed in the scope and course of performing legal duties.
  4. Notwithstanding any statute to the contrary, employees shall not be considered legislative agents as defined in KRS 6.611 .
  5. Notwithstanding any statute to the contrary, the executive branch of government shall accept from the Kentucky Teachers’ Retirement System all accrued annual and sick leave balances and service credits of employees leaving the Kentucky Teachers’ Retirement System and accepting appointments within the executive branch. These leave balances shall be attested to by the Kentucky Teachers’ Retirement System and shall not exceed those limits established by statute or administrative regulation for employees of the executive branch.

History. 4506b-12; amend. Acts 1958, ch. 8, § 1; 1960, ch. 44, § 4; 1962, ch. 64, § 2; 1964, ch. 43, § 2; 1972, ch. 82, § 7; 1976, ch. 351, § 3, effective July 1, 1976; 1978, ch. 110, § 103, effective January 1, 1979; 1980, ch. 206, § 1, effective July 1, 1980; 1982, ch. 326, § 5, effective July 15, 1982; 1984, ch. 253, § 5, effective July 1, 1984; 1986, ch. 440, § 3, effective July 1, 1986; 1988, ch. 363, § 2, effective July 1, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 493, effective July 13, 1990; 1994, ch. 369, § 3, effective July 1, 1994; 1996, ch. 359, § 3, effective July 1, 1996; 1998, ch. 515, § 4, effective July 1, 1998; 2002, ch. 275, § 6, effective July 1, 2002; 2004, ch. 121, § 3, effective July 1, 2004; 2008, ch. 78, § 4, effective July 1, 2008; 2010, ch. 164, § 4, effective July 1, 2010; 2012, ch. 75, § 11, effective April 11, 2012; 2017 ch. 12, § 7, effective March 10, 2017.

Compiler’s Notes.

This section (4506b-12; amend. Acts 1958, ch. 8, § 1; 1960, ch. 44, § 4; 1962, ch. 64, § 2; 1964, ch. 43, § 2; 1972, ch. 82, § 7; 1976, ch. 351, § 3, effective July 1, 1976; 1978, ch. 110, § 103, effective January 1, 1979; 1980, ch. 206, § 1, effective July 1, 1980; 1982, ch. 326, § 5, effective July 15, 1982; 1984, ch. 253, § 5, effective July 1, 1984; 1986, ch. 440, § 3, effective July 1, 1986; 1988, ch. 363, § 2, effective July 1, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 493, effective July 13, 1990.

Legislative Research Commission Notes.

(3/10/2017). 2017 Ky. Acts ch. 12, sec. 12 provided that amendments made to subsection (3) of this statute in 2017 Kt. Acts ch. 12, sec. 7 governing placement agents and contracts or offerings entered into by the state-administered retirement systems shall apply to contracts and offerings established or contracts or offerings renewed on or after July 1, 2017.

(3/10/2017). 2017 Ky. Acts ch. 12, sec. 13 provided that amendments made to subsection (3) of this statute in 2017 Ky. Acts ch. 12, sec. 7 governing the application of the Model Procurement Code, KRS Chapter 45A, and related statutes to the state-administered retirement systems, shall apply to contracts and offerings established or contracts or offerings renewed on or after July 1, 2017.

Opinions of Attorney General.

The board of the teachers’ retirement system could provide for payment for annual leave for its executive secretary, but such action would be subject to the approval of the commissioner of personnel. OAG 70-470 .

Just as KRS 64.640 provides an upper limit for all employees with regard to their potential salary, including any five percent increases, this section must be read into KRS 18A.350 to 18A.360 (now repealed) to provide an absolute upper salary limit for the executive secretary of the Teachers’ Retirement System to be the maximum set for commissioners by KRS 64.640 (2). OAG 82-355 .

161.350. Bonds of employes. [Repealed.]

Compiler’s Notes.

This section (4506b-13) was repealed by Acts 1946, ch. 27, § 40.

161.360. Workmen’s compensation and unemployment compensation may be adopted for employes. [Repealed.]

Compiler’s Notes.

This section (4506b-35) was repealed by Acts 1956, ch. 154.

161.370. Treasurer, auditor, and legal adviser of board — Annual audit of Teachers’ Retirement System.

  1. The State Treasurer, the Auditor of Public Accounts, and the Attorney General shall be treasurer, auditor, and legal adviser, respectively, of the board of trustees, and shall be liable upon their official bonds for the faithful performance of such duties. They shall serve without compensation except as provided by subsection (2)(b) of this section. When the board of trustees deems it for the best interests of the retirement system, it may employ attorneys and pay reasonable fees for the services rendered.
    1. The board shall annually procure an audit of the Teachers’ Retirement System. The audit shall be conducted in accordance with generally accepted auditing standards. Except as provided by paragraph (b) of this subsection, the board may select an independent certified public accountant to perform the audit and pay reasonable fees for the services rendered. If the audit is performed by an independent certified public accountant, the Auditor of Public Accounts shall not be required to perform an audit pursuant to KRS 43.050(2)(a), but may perform an audit at his discretion. (2) (a) The board shall annually procure an audit of the Teachers’ Retirement System. The audit shall be conducted in accordance with generally accepted auditing standards. Except as provided by paragraph (b) of this subsection, the board may select an independent certified public accountant to perform the audit and pay reasonable fees for the services rendered. If the audit is performed by an independent certified public accountant, the Auditor of Public Accounts shall not be required to perform an audit pursuant to KRS 43.050(2)(a), but may perform an audit at his discretion.
    2. At least once every five (5) years, the Auditor of Public Accounts shall perform the audit described by this subsection, and the system shall reimburse the Auditor of Public Accounts for all costs of the audit. The Auditor of Public Accounts shall determine which fiscal year during the five (5) year period the audit prescribed by this paragraph will be completed.
  2. The board shall make copies of the audit required by this section available for examination by any active contributing member or annuitant in the office of the executive secretary of the Teachers’ Retirement System and in such other places as may be necessary to make the audit available to all active contributing members and annuitants. A copy of the annual audit shall be sent to the Legislative Research Commission no later than ten (10) days after receipt by the board.

History. 4506b-18; amend. Acts 1980, ch. 246, § 7, effective July 15, 1980; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 494, effective July 13, 1990; 2012, ch. 75, § 12, effective April 11, 2012.

Compiler’s Notes.

This section (4506b-18; amend. Acts 1980, ch. 246, § 7, effective July 15, 1980) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 494, effective July 13, 1990.

Opinions of Attorney General.

The teacher’s retirement system is not required by law to honor an inter-account bill from the state auditor for the expense incurred as a consequence of an audit of the system. OAG 74-164 .

If the state auditor cannot perform the services requested by the board of the teachers’ retirement system, the board may contract with outside auditors to perform these services, but a contract with the state auditor to provide auditing services for the retirement system at a cost equal to or less than that which could be secured from other outside auditors is illegal since, if the state auditor can perform the services, they are to be provided without compensation. OAG 74-564 .

Research References and Practice Aids

Cross-References.

Attorneys for state agencies, employment of, KRS 12.210 .

161.380. Duties of treasurer — Custodian of securities.

  1. The State Treasurer is the custodian of all cash funds of the retirement system. He shall honor and pay all vouchers drawn on the retirement funds. The Treasurer shall honor and pay all vouchers drawn on the retirement funds for payment of securities purchased upon order of the board. All payments from the several funds of the retirement system shall be made only upon vouchers signed by the executive secretary, the chairman of the board of trustees of the retirement system, or persons delegated in writing by the board.
  2. The board of trustees shall appoint a custodian or custodians of the securities acquired under authority of KRS 161.430 and the custodian or custodians shall be responsible for the safekeeping of all securities placed in his custody. The custodian shall collect dividends, interests, and payments on principal as they become due, and deposit such funds with the State Treasurer for credit to the guarantee fund of the system. The custodian shall, upon delivery of the securities to him, make payment for same as authorized by the board of trustees. When securities are sold by the board of trustees, the custodian shall deliver such securities to the purchaser upon receipt of payment from said purchaser.
  3. The board of trustees may require such surety from the custodian as they deem necessary for the protection of securities held by such custodian.

History. 4506b-22; amend. Acts 1964, ch. 43, § 3; 1974, ch. 395, § 5, effective July 1, 1974; 1982, ch. 414, § 1, effective July 15, 1982; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 495, effective July 13, 1990.

Compiler’s Notes.

This section (4506b-22; amend. Acts 1964, ch. 43, § 3; 1974, ch. 395, § 5, effective July 1, 1974; 1982, ch. 414, § 1, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 495, effective July 13, 1990.

161.390. Actuarial data to be kept.

The board of trustees shall keep in convenient form the data necessary for the actuarial valuation of the various funds of the retirement system and for determining the administrative costs of the system.

History. 4506b-16; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 496, effective July 13, 1990.

Compiler’s Notes.

This section (4506b-16) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 496, effective July 13, 1990.

NOTES TO DECISIONS

1. Application.

The Kentucky Education Reform Act (KERA) Board of Education’s failure to take official, and presumably final, action in informing school personnel of demotion prior to May 15 as provided by KRS 161.760 (3) and thus invalidating the demotion had been changed by the enactment of KRS 160.390 which effectively supersedes the May 15 requirement and under the plain language of KRS 161.760 and 160.390 makes the superintendent’s action of demotion effective upon mere written notice to the affected employee of the action. Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

161.400. Duties of actuary — Actuarial investigations, valuations, and analyses. [Declared void — See LRC Note Below]

    1. The board of trustees shall designate as actuary a competent person who shall be a fellow of the Conference of Consulting Actuaries or a member of the American Academy of Actuaries. He shall be the technical adviser of the board on matters regarding the operation of the funds of the system and shall perform such other duties as are required in connection therewith. (1) (a) The board of trustees shall designate as actuary a competent person who shall be a fellow of the Conference of Consulting Actuaries or a member of the American Academy of Actuaries. He shall be the technical adviser of the board on matters regarding the operation of the funds of the system and shall perform such other duties as are required in connection therewith.
    2. At least once in each five (5) year period, the actuary shall make an actuarial investigation into the actuarial assumptions and funding methods used, including but not limited to mortality, investment rate of return, and service and compensation of the members and beneficiaries of the retirement system, relative to the actuarial assumptions and funding methods previously adopted by the board. The actuarial investigation shall include at a minimum a summary of the changes in actuarial assumptions and funding methods recommended in the investigation and the projected impact of the recommended changes on funding levels, unfunded liabilities, and actuarially recommended contribution rates for employers over a twenty (20) year period.
    3. At least annually the actuary shall make an actuarial valuation of the retirement system. The valuation shall include:
      1. A description of the actuarial assumptions used, and the assumptions shall be reasonably related to the experience of the system and represent the actuary’s best estimate of anticipated experience;
      2. A description of any funding methods utilized or required by state law in the development of the actuarial valuation results;
      3. A description of any changes in actuarial assumptions and methods from the previous year’s actuarial valuation;
      4. The actuarially recommended contribution rate for employers for the upcoming budget periods;
      5. A twenty (20) year projection of the funding levels, unfunded liabilities, and actuarially recommended contribution rates for employers based upon the actuarial assumptions, funding methods, and experience of the system as of the valuation date; and
      6. A sensitivity analysis that evaluates the impact of changes in system assumptions, including but not limited to the investment return assumption, payroll growth assumption, and medical inflation rates, on employer contribution rates, funding levels, and unfunded liabilities.
    4. On the basis of the results of the valuations, the board of trustees shall make necessary changes in the retirement system within the provisions of law and shall establish the contributions payable by employers and the state specified in KRS 161.550 .
    5. For any change in actuarial assumptions, funding methods, retiree health insurance premiums and subsidies, or any other decisions made by the board that impact system liabilities and actuarially recommended contribution rates for employers and that are not made in conjunction with the actuarial investigation required by paragraph (b) of this subsection, an actuarial analysis shall be completed showing the projected impact of the changes on funding levels, unfunded liabilities, and actuarially recommended contribution rates for employers over a twenty (20) year period.
  1. Actuarial factors and actuarial cost factor tables in use by the retirement system for all purposes shall be determined by the actuary of the retirement system and approved by the board of trustees by resolution and implemented without the necessity of an administrative regulation.
  2. A copy of each five (5) year actuarial investigation, actuarial analysis, and valuation required by subsection (1) of this section shall be forwarded electronically to the Legislative Research Commission no later than ten (10) days after receipt by the board, and the Legislative Research Commission shall distribute the information received to the committee staff and co-chairs of any committee that has jurisdiction over the Kentucky Teachers’ Retirement System. The actuarial valuation required by subsection (1)(c) of this section shall be submitted no later than November 15 following the close of the fiscal year.

HISTORY: 4506b-20; amend. Acts 1960, ch. 44, § 5; 1962, ch. 64, § 3; 1976, ch. 351, § 4, effective July 1, 1976; 1978, ch. 152, § 2, effective March 28, 1978; 1980, ch. 246, § 3, effective July 15, 1980; 1990, ch. 442, § 19, effective July 1, 1990; 1990, ch. 476, Pt. V, § 497, effective July 13, 1990; 2000, ch. 498, § 7, effective July 1, 2000; 2002, ch. 275, § 7, effective July 1, 2002; 2016 ch. 133, § 6, effective July 15, 2016; 2018 ch. 107, § 46, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

161.410. Medical Review Board, designation; duties. [Repealed.]

Compiler’s Notes.

This section (4506b-19; amend. Acts 1960, ch. 44, § 6) was repealed by Acts 1964, ch. 43, § 23.

161.420. Funds of retirement system. [Declared void — See LRC Note Below]

All of the assets of the retirement system are for the exclusive purpose of providing benefits to members and annuitants and defraying reasonable expenses of administering the system. The board of trustees shall be the trustee of all funds of the system and shall have full power and responsibility for administering the funds. All the assets of the retirement system shall be credited according to the purpose for which they are held to one (1) of the following funds:

  1. The expense fund shall consist of the funds set aside from year to year by the board of trustees to defray the expenses of the administration of the retirement system. Each fiscal year an amount not greater than four percent (4%) of the dividends and interest income earned from investments during the immediate past fiscal year shall be set aside into the expense fund or expended for the administration of the retirement system;
    1. The teachers’ savings fund shall consist of: (2) (a) The teachers’ savings fund shall consist of:
      1. The contributions paid by members of the retirement system into this fund and regular interest assigned by the board of trustees from the guarantee fund or established by KRS 161.235 , as applicable; and
      2. For individuals who become members of the Teachers’ Retirement System on or after January 1, 2019, who are participating in the hybrid cash balance plan, the employer pay credit and regular interest to the hybrid cash balance plan as provided by KRS 161.235 that is assigned by the board of trustees from the guarantee fund.
    2. A member may not borrow any amount of his or her accumulated account balance in the teachers’ savings fund, or any regular interest earned thereon.
    3. The accumulated contributions or accumulated account balance of a member which are returned to him upon his withdrawal or paid to his estate or designated beneficiary in the event of his death shall be paid from the teachers’ savings fund.
    4. Any accumulated account balance in the teachers’ savings fund forfeited by a failure of a teacher or his estate to claim these contributions shall be transferred from this fund to the guarantee fund.
    5. For an individual who becomes a member of the Teachers’ Retirement System prior to January 1, 2019, the accumulated account balance of a member in the teachers’ savings fund shall be transferred from this fund to the allowance reserve fund in the event of retirement by reason of service or disability.
    6. For an individual who becomes a member of the Teachers’ Retirement System on or after January 1, 2019, who is participating in the hybrid cash balance plan who elects to annuitize his or her accumulated account balance as prescribed by KRS 161.235(7)(a) or (b), the member’s accumulated account balance shall be transferred to the allowance reserve fund;
  2. The state accumulation fund shall consist of funds paid by employers and appropriated by the state for the purpose of providing annuities and survivor benefits, including any sums appropriated for meeting unfunded liabilities, together with regular interest assigned by the board of trustees from the guarantee fund. At the time of retirement or death of a member there shall be transferred from the state accumulation fund to the allowance reserve fund an amount which together with the sum transferred from the teachers’ savings fund will be sufficient to provide the member a retirement allowance and provide for benefits under KRS 161.520 and 161.525 . There shall also be transferred from the state accumulation fund to the teachers’ savings fund, the amount needed to fund the employer credits required by KRS 161.235 ;
  3. The allowance reserve fund shall be the fund from which shall be paid all retirement allowances and benefits provided under KRS 161.520 and 161.525 . In addition, whenever a change in the status of a member results in an obligation on this fund, there shall be transferred to this fund from the teachers’ savings fund and the state accumulation fund, the amounts as may be held in those funds for the account or benefit of the member;
    1. Effective January 1, 2019, the medical insurance fund, which is an account established according to 26 U.S.C. sec. 401(h) , shall consist of amounts accumulated for the purpose of providing benefits as provided in KRS 161.675 , including: (5) (a) Effective January 1, 2019, the medical insurance fund, which is an account established according to 26 U.S.C. sec. 401(h) , shall consist of amounts accumulated for the purpose of providing benefits as provided in KRS 161.675 , including:
      1. The member contributions required by  KRS 161.540(1)(a)2, and (1)(b)2;
      2. The employer contribution required by  KRS 161.550(1)(a)1.b., (1)(a)2.b., and (3)(a);
      3. State appropriations as set forth in KRS 161.550(2), unless the contributions are made to a trust fund under 26 U.S.C. sec. 115 established by the board for this purpose; and
      4. Interest income from the investments of the fund from contributions received by the fund under subparagraphs 1. to 3. of this paragraph, and from income earned on those investments.
    2. All claims for benefits under KRS 161.675 shall be paid from this fund or from any trust fund under 26 U.S.C. sec. 115 as established by the board for this purpose. Any amounts deposited to the fund that are not required to meet current costs shall be maintained as a reserve in the fund for these benefits. The board shall take the necessary and appropriate steps, including promulgating administrative regulations and procedures to maintain the status of the medical insurance fund as an account subject to 26 U.S.C. sec. 401(h);
  4. The guarantee fund shall be maintained to facilitate the crediting of uniform interest on the amounts of the other funds, except the expense fund, to finance operating expenses directly related to investment management services, and to provide a contingent fund out of which special requirements of any of the other funds may be covered. All income, interest, and dividends derived from the authorized deposits and investments shall be paid into the guarantee fund. Any funds received from gifts and bequests, which the board is hereby authorized to accept and expend without limitation in a manner either expressed by the donor or deemed to be in the best interest of the membership, shall be credited to the guarantee fund. Any funds transferred from the teachers’ savings fund by reason of lack of claimant or because of a surplus in any fund and any other moneys whose disposition is not otherwise provided for, shall also be credited to the guarantee fund. The interest allowed by the board of trustees to each of the other funds shall be paid to these funds from the guarantee fund. Any deficit occurring in any fund that would not be automatically covered shall be met by the payments from the guarantee fund to that fund;
  5. The school employee annuity fund shall consist of those funds voluntarily contributed under the provisions of Section 403(b) of the Internal Revenue Code by a retired member of the Teachers’ Retirement System with accounts that existed on or after July 1, 1996. The contributions shall not be picked up as provided in KRS 161.540(2). Separate member accounts shall be maintained for each member. The board of trustees may promulgate administrative regulations pursuant to KRS Chapter 13A to manage this program;
  6. The supplemental retirement benefit fund shall consist of those funds contributed by the employer for the purpose of constituting a qualified government excess benefit plan as described in Section 415 of the Internal Revenue Code for accounts that existed on or after July 1, 1996. The board of trustees shall promulgate administrative regulations pursuant to KRS Chapter 13A to administer this program; and
  7. The life insurance benefit fund shall consist of amounts accumulated for the purpose of providing benefits provided under KRS 161.655 . The board of trustees may allocate to this fund a percentage of the employer and state contributions as provided under KRS 161.550 . The allocation to this fund will be in an amount that the actuary determines necessary to fund the obligation of providing the benefits provided under KRS 161.655 .

HISTORY: 4506b-35; amend. Acts 1964, ch. 43, § 4; 1974, ch. 395, § 6, effective July 1, 1974; 1978, ch. 152, § 3, effective March 28, 1978; 1984, ch. 253, § 6, effective July 1, 1984; 1986, ch. 440, § 4, effective July 1, 1986; 1988, ch. 363, § 3, effective July 1, 1988; 1990, ch. 442, § 2, effective September 1, 1990; 1990, ch. 476, Pt. V, § 498, effective July 13, 1990; 1992, ch. 192, § 3, effective July 1, 1992; 1994, ch. 369, § 4, effective July 1, 1994; 1998, ch. 515, § 5, effective July 1, 1998; 2000, ch. 498, § 8, effective July 1, 2000; 2002, ch. 275, § 8, effective July 1, 2002; 2004, ch. 121, § 4, effective July 1, 2004; 2008 (1st Ex. Sess.), ch. 1, § 31, effective June 27, 2008; 2010, ch. 159, § 2, effective July 1, 2010; 2018 ch. 107, § 47, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

Section 403(b) of the Internal Revenue Code referred to in subsection (7) of this section is codified as 26 USCS § 403(b).
Section 415 of the Internal Revenue Code, referred to in subsection (8), is codified as 26 USCS § 415.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 29, (3) at 865.

161.430. Investment of funds — Standards of conduct — Investment procurement policy.

    1. The board of trustees shall be the trustee of the funds of the retirement system and shall have full power and responsibility for the purchase, sale, exchange, transfer, or other disposition of the investments and moneys of the retirement system. The board shall, by administrative regulation, establish investment policies and procedures to carry out their responsibilities. (1) (a) The board of trustees shall be the trustee of the funds of the retirement system and shall have full power and responsibility for the purchase, sale, exchange, transfer, or other disposition of the investments and moneys of the retirement system. The board shall, by administrative regulation, establish investment policies and procedures to carry out their responsibilities.
      1. The board shall contract with experienced competent investment managers to invest and manage assets of the system. The board may also employ qualified investment staff to advise it on investment matters and to invest and manage assets of the system not to exceed fifty percent (50%) of the system’s assets. The board may contract with one (1) or more general investment consultants, as well as specialized investment consultants, to advise it on investment matters. (b) 1. The board shall contract with experienced competent investment managers to invest and manage assets of the system. The board may also employ qualified investment staff to advise it on investment matters and to invest and manage assets of the system not to exceed fifty percent (50%) of the system’s assets. The board may contract with one (1) or more general investment consultants, as well as specialized investment consultants, to advise it on investment matters.
      2. All internal investment staff and investment consultants shall adhere to the Code of Ethics and Standards of Professional Conduct, and all board trustees shall adhere to the Code of Conduct for Members of a Pension Scheme Governing Body, promulgated by the CFA Institute. Investment managers shall comply with the federal Investment Advisers Act of 1940, as amended, and the rules and regulations promulgated thereunder and shall comply with all other applicable federal securities statutes and related rules and regulations that apply to investment managers.
      3. No investment manager shall manage more than forty percent (40%) of the funds of the retirement system.
    2. The board may appoint an investment committee to act for the board in all matters of investment, subject to the approval of the board of trustees. The board of trustees, in keeping with their responsibilities as trustees and wherever consistent with their fiduciary responsibilities, shall give priority to the investment of funds in obligations calculated to improve the industrial development and enhance the economic welfare of the Commonwealth. Toward this end, the board shall develop procedures for informing the business community of the potential for in-state investments by the retirement fund, accepting and evaluating applications for the in-state investment of funds, and working with members of the business community in executing in-state investments which are consistent with the board’s fiduciary responsibilities. The board shall include in the criteria it uses to evaluate in-state investments their potential for creating new employment opportunities and adding to the total job pool in Kentucky. The board may cooperate with the board of trustees of Kentucky Retirement Systems in developing its program and procedures, and shall report to the Legislative Research Commission annually on its progress in placing in-state investments. The first report shall be submitted by October 1, 1991, and subsequent reports shall be submitted by October 1 of each year thereafter. The report shall include the number of applications for in-state investment received, the nature of the investments proposed, the amount requested, the amount invested, and the percentage of applications which resulted in investments.
  1. The board members and investment consultants shall discharge their duties with respect to the assets of the system solely in the interests of the active contributing members and annuitants and:
    1. For the exclusive purpose of providing benefits to members and annuitants and defraying reasonable expenses of administering the system;
    2. With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and with like aims;
    3. By diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and
    4. In accordance with the laws, administrative regulations, and other instruments governing the system.
    1. In choosing and contracting for professional investment management and consulting services, the board shall do so prudently and in the interest of the members and annuitants. Any contract that the board makes with an investment manager shall set forth policies and guidelines of the board with reference to standard rating services and specific criteria for determining the quality of investments. Expenses directly related to investment management and consulting services shall be financed from the guarantee fund in amounts approved by the board. (3) (a) In choosing and contracting for professional investment management and consulting services, the board shall do so prudently and in the interest of the members and annuitants. Any contract that the board makes with an investment manager shall set forth policies and guidelines of the board with reference to standard rating services and specific criteria for determining the quality of investments. Expenses directly related to investment management and consulting services shall be financed from the guarantee fund in amounts approved by the board.
    2. An investment manager or consultant appointed under this section shall acknowledge in writing his fiduciary responsibilities to the fund. To be eligible for appointment, an investment manager, consultant, or an affiliate, shall be:
      1. Registered under the Federal Investment Advisers Act of 1940; or
      2. A bank as defined by that Act; or
      3. An insurance company qualified to perform investment services under the laws of more than one (1) state.
  2. No investment or disbursement of funds shall be made unless authorized by the board of trustees, except that the board, in order to ensure timely market transactions, shall establish investment guidelines and may permit its staff and investment managers who are employed or under contract with the board pursuant to this section to execute purchases and sales of investment instruments within those guidelines without prior board approval.
  3. In discharging his or her administrative duties under this section, a trustee shall strive to administer the retirement system in an efficient and cost-effective manner for the taxpayers of the Commonwealth of Kentucky.
  4. Notwithstanding any other provision of KRS 161.220 to 161.716 , no funds of the Teachers’ Retirement System, including fees and commissions paid to an investment manager, private fund, or company issuing securities, who manages systems assets, shall be used to pay fees and commissions to placement agents. For purposes of this subsection, “placement agent” means a third-party individual, who is not an employee, or firm, wholly or partially owned by the entity being hired, who solicits investments on behalf of an investment manager, private fund, or company issuing securities.
  5. All contracts for the investment or management of assets of the system shall not be subject to KRS Chapters 45, 45A, 56, and 57. Instead, the board shall conduct the following process to develop and adopt an investment procurement policy with which all prospective contracts for the investment or management of assets of the system shall comply:
    1. On or before July 1, 2017, the board shall consult with the secretary of the Finance and Administration Cabinet or his or her designee to develop an investment procurement policy, which shall be written to meet best practices in investment management procurement;
    2. Thirty (30) days prior to adoption, the board shall tender the preliminary investment procurement policy to the secretary of the Finance and Administration Cabinet or his or her designee for review and comment;
    3. Upon receipt of comments from the secretary of the Finance and Administration Cabinet or his or her designee, the board shall choose to adopt or not adopt any recommended changes;
    4. Upon adoption, the board shall tender the final investment procurement policy to the secretary of the Finance and Administration Cabinet or his or her designee;
    5. No later than thirty (30) days after receipt of the investment procurement policy, the secretary or his or her designee shall certify whether the board’s investment procurement policy meets or does not meet best practices for investment management procurement; and
    6. Any amendments to the investment procurement policy shall adhere to the requirements set forth by paragraphs (b) to (e) of this subsection.

History. 4506b-21; amend. Acts 1954, ch. 215; 1958, ch. 8, § 2; 1960, ch. 44, § 7; 1962, ch. 64, § 4; 1964, ch. 43, § 5; 1966, ch. 16, § 2; 1968, ch. 136, § 3; 1972, ch. 82, § 8; 1978, ch. 152, § 4, effective March 28, 1978; 1980, ch. 246, § 10, effective July 15, 1980; 1984, ch. 253, § 7, effective July 1, 1984; 1988, ch. 363, § 4, effective July 1, 1988; 1990, ch. 442, § 18, effective July 1, 1990; 1990, ch. 476, Pt. V, § 499, effective July 13, 1990; 1992, ch. 192, § 4, effective July 1, 1992; 1994, ch. 369, § 5, effective July 1, 1994; 2002, ch. 275, § 9, effective July 1, 2002; 2004, ch. 121, § 5, effective July 1, 2004; 2008 (1st Ex. Sess.), ch. 1, § 32, effective June 27, 2008; 2012, ch. 75, § 13, effective April 11, 2012; 2017 ch. 12, § 8, effective March 10, 2017; 2019 ch. 72, § 3, effective March 25, 2019.

Compiler’s Notes.

The Federal Investment Advisors Act of 1940, referred to in (3)(b)1., may be found as 15 USCS § 80b-1 et seq.

Legislative Research Commission Notes.

(3/10/2017). 2017 Ky. Acts ch. 12, sec. 12 provided that amendments made to subsection (6) in 2017 Ky. Acts ch. 12, sec. 8 governing placement agents and contracts or offerings entered into by the state-administered retirement systems shall apply to contracts and offerings established or contracts or offerings renewed on or after July 1, 2017.

(3/10/2017). 2017 Ky. Acts ch. 12, sec. 13 provided that amendments made to subsection (7) of this statute in 2017 Ky. Acts ch. 12, sec. 8 governing the application of the Model Procurement Code, KRS Chapter 45A, and related statutes to the state-administered retirement systems, shall apply to contracts and offerings established or contracts or offerings renewed on or after July 1, 2017.

(4/11/2012). 2012 Ky. Acts ch. 75, sec. 18, provides that the amendments made to subsection (6) of this statute regarding unregulated placement agents by 2012 Ky. Acts ch. 75, sec. 13, “shall apply to contracts established or contracts renewed on or after July 1, 2012.”

Opinions of Attorney General.

Revenue bonds issued by a municipality for the creation of a parking facility are not public utility revenue bonds as the term is used in the statute. OAG 63-129 .

Research References and Practice Aids

Cross-References.

Administration of trusts and investment of trust funds, KRS Ch. 386.

161.440. Assignment of interest to funds.

At the end of each fiscal year the board of trustees shall assign from the guarantee fund interest at the regular interest rate to the teachers’ savings fund, the state accumulation fund, and the allowance reserve fund. The amounts so allowed shall be due and payable to the funds and shall be annually credited thereto by the board of trustees from interest and other earnings on money of the retirement system.

History. 4506b-23; amend. Acts 1964, ch. 43, § 6; 1984, ch. 253, § 8, effective July 1, 1984; 1990, ch. 442, § 3, effective July 1, 1990; 1990, ch. 476, Pt. V, § 500, effective July 13, 1990; 2002, ch. 275, § 10, effective July 1, 2002; 2008 (1st Ex. Sess.), ch. 1, § 33, effective June 27, 2008.

Legislative Research Commission Note.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

161.450. Cash on deposit. [Repealed.]

Compiler’s Notes.

This section (4506b-24: repealed and reenact. Acts 1990, ch. 476, Pt. V, § 501, effective July 13, 1990) was repealed by Acts 1996, ch. 359, § 20, effective July 1, 1996.

161.460. Conflict of interest — Trustees, employees, members of General Assembly, public servants.

  1. No trustee or employee of the board of trustees shall:
    1. Have any interest, direct or indirect, in the gain or profits of any investment or any other legal, business, or financial transaction made by the board, except that any such trustee or employee may be a member, employee, or beneficiary of the plans administered by the board or authority;
    2. Directly or indirectly for himself or as an agent for another, use any of the assets of the retirement system in any manner except to make current and necessary payments authorized by the board;
    3. Become an endorser, surety, or obligor for moneys loaned to or borrowed from the board;
    4. Have a contract or agreement with the retirement system, individually or through a business owned by the trustee or the employee;
    5. Use his or her official position with the retirement system to obtain a financial gain or benefit or advantage for himself or herself or a family member;
    6. Use confidential information acquired during his or her tenure with the retirement system to further his or her own economic interests or that of another person; or
    7. Hold outside employment with, or accept compensation from, any person or business with which he or she has involvement as part of his or her official position with the retirement system. The provisions of this subsection shall not prohibit a trustee from serving as an employee of an agency participating in the Kentucky Teachers’ Retirement System.
  2. No trustee or employee of the board of trustees, who has served as a trustee or employee of the board on or after July 1, 2017, shall have any interest, direct or indirect, in the gains or profits of any investment or any other legal, business, or financial transaction made by the board of trustees for a period of five (5) years following termination of his or her position, except that any such trustee or employee may be a member, employee, or beneficiary of the Teachers’ Retirement System.
    1. No person who is serving as a member of the General Assembly or is a public servant as defined by KRS 11A.010(9) shall have any interest, direct or indirect, in the gains or profits of any investment or any other legal, business, or financial transaction made by the board of trustees, except that any such member or public servant may be a member, employee, or beneficiary of the Teachers’ Retirement System. (3) (a) No person who is serving as a member of the General Assembly or is a public servant as defined by KRS 11A.010(9) shall have any interest, direct or indirect, in the gains or profits of any investment or any other legal, business, or financial transaction made by the board of trustees, except that any such member or public servant may be a member, employee, or beneficiary of the Teachers’ Retirement System.
    2. No person who was serving as a member of the General Assembly on or after July 1, 2017, or was serving as a public servant as defined by KRS 11A.010(9) on or after July 1, 2017, shall have any interest, direct or indirect, in the gains or profits of any investment or any other legal, business, or financial transaction made by the board of trustees for a period of five (5) years following termination of his or her position, except that any such member or public servant may be a member, employee, or beneficiary of the Teachers’ Retirement System.

HISTORY: 4506b-25; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 502, effective July 13, 1990; 2012, ch. 75, § 14, effective April 11, 2012; 2018 ch. 107, § 48, effective July 14, 2018; 2019 ch. 72, § 4, effective March 25, 2019.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

This section (4506b-25) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 502, effective July 13, 1990.

161.470. Membership — Forfeiture of service credit — Termination of membership — Forfeiture of benefits — Reinstatement — Payment of accumulated account balance. [Declared void — See LRC Note Below]

  1. The membership of the retirement system shall consist of all new members, all present teachers, and all persons participating under the retirement system as of June 30, 1986, except as provided in Acts 1938 (1st Ex. Sess.), Ch. 1, paragraph 29. The board of trustees of the Teachers’ Retirement System shall be responsible for final determination of membership eligibility and may direct employers to take whatever action that may be necessary to correct any error relating to membership.
  2. Service credit shall be forfeited upon withdrawal. If a member again enters service it shall be as a new member, except that any teacher who withdraws by claiming his deposits may repay the system the amount withdrawn plus interest and reestablish his service credit as provided in subsection (3) of this section.
  3. Effective July 1, 1988, and thereafter, an active contributing member of the retirement system with contributing service equal to one (1) year may regain service credit by depositing in the teachers’ savings fund the amount withdrawn with interest at the rate to be set by the board of trustees, and computed from the first of the month of withdrawal and including the month of redeposit. Service credit regained pursuant to this subsection on or after January 1, 2019, shall not be used to determine the date the individual purchasing the service became a member of the Teachers’ Retirement System.
  4. Effective July 1, 1974, any active contributing member with at least two (2) years of contributing service credit who declined membership as provided in Acts 1938 (1st Ex. Sess.), Ch. 1, paragraph 29, may secure service credit for prior service, and for any subsequent service prior to date of membership, by depositing in the teachers’ savings fund contributions for each year of subsequent service prior to date of membership, with interest at the rate of eight percent (8%) compounded annually to the date of deposit.
  5. Membership in the retirement system shall be terminated:
    1. By retirement for service;
    2. By death;
    3. By withdrawal of the member’s accumulated account balance;
    4. When a member, having less than five (5) years of Kentucky service is absent from service for more than three (3) consecutive years; or
    5. For persons hired on or after August 1, 2000, when a member is convicted, in any state or federal court of competent jurisdiction, of a felony related to his employment as provided in subparagraphs 1. and 2. of this paragraph.
      1. Notwithstanding any provision of law to the contrary, a member hired on or after August 1, 2000, who is convicted, in any state or federal court of competent jurisdiction, of a felony related to his employment shall forfeit rights and benefits earned under the retirement system, except for the return of his accumulated contributions and interest credited on those contributions.
      2. The payment of retirement benefits ordered forfeited shall be stayed pending any appeal of the conviction. If the conviction is reversed on final judgment, no retirement benefits shall be forfeited.
  6. In case of withdrawal from service prior to eligibility for retirement, the board of trustees shall on request of the member return all of his accumulated account balance, including any payments made by the member to the state accumulation fund, but the member shall have no claim on any contributions made by the state or employer with a view to his retirement, except as provided by KRS 161.235 , or to contributions made to the medical insurance fund. If the member is eligible for an immediate service retirement allowance as provided in KRS 161.600 , no withdrawal and refund shall be permitted, unless the allowance would prohibit the member from qualifying for Social Security benefits or the member elects to withdraw part or all of his service for the purpose of obtaining credit in another retirement plan. Requests for refund of contributions by the member must be filed on forms prescribed by the Teachers’ Retirement System and the employer shall be financially responsible for all information that is certified on the prescribed form. A member may not withdraw any part of his or her accumulated account balance in the retirement system except as provided by this subsection.
  7. Except as provided in KRS 161.520 and 161.525 , in case of death prior to retirement, the board of trustees shall pay to the estate of the deceased member, unless a beneficiary was otherwise applicably designated by the deceased member, then to the beneficiary, all of his accumulated account balance, including any payments made by the member to the state accumulation fund, but the estate or beneficiary shall have no claim on any contributions made by the state or employer with a view to the retirement of the member, except as provided by KRS 161.235 , or to contributions made to the medical insurance fund.
  8. Any active contributing member of the Kentucky Employees Retirement System, the County Employees Retirement System, the State Police Retirement System, or the Judicial Retirement System may use service, under that retirement system for the purpose of meeting the service requirement of subsections (3) and (4) of this section.

Except for paragraph (e) of this subsection, upon termination of member accounts under this subsection, funds in the account shall be transferred to the guarantee fund. Inactive members may apply for refunds of these funds at any time. The terminated service shall be reinstated, if not withdrawn by the member, in the event that the member returns to active contributing service.

HISTORY: 4506b-27; amend. Acts 1960, ch. 44, § 8; 1962, ch. 64, § 5; 1964, ch. 43, § 7; 1968, ch. 136, § 4; 1972, ch. 82, § 9; 1974, ch. 395, § 7; 1976, ch. 351, § 5, effective July 1, 1976; 1978, ch. 152, § 5, effective March 28, 1978; 1980, ch. 206, § 2, effective July 1, 1980; 1982, ch. 326, § 6, effective July 1, 1982; 1984, ch. 253, § 9, effective July 1, 1984; 1986, ch. 440, § 5, effective July 1, 1986; 1988, ch. 363, § 5, effective July 1, 1988; 1990, ch. 442, § 4, effective July 1, 1990; 1990, ch. 476, Pt. V, § 503, effective July 13, 1990; 2000, ch. 273, § 2, effective July 14, 2000; 2002, ch. 275, § 11, effective July 1, 2002; 2018 ch. 107, § 49, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

Opinions of Attorney General.

Where a person elected not to become a member of the State Teachers’ Retirement System at its beginning but contributions were taken out of his salary, when he returned to Kentucky after previously withdrawing the contributions, he would return as a former member under subsection (2) of this section. OAG 64-120 .

If additional teaching activity falls within the category of being in fact a part of the regularly approved program of the public school district or the vocational school for which certification or a professional level of training is required as a condition of employment, then teachers’ retirement applies and the teacher would not be eligible for social security participation. The additional hours requiring services beyond the normal teaching day are regarded as an extension of the regular full-time employment. OAG 69-430 .

ROTC teachers may be employed without being certified but an uncertified ROTC teacher may not be a member of the Kentucky Teachers’ Retirement System. OAG 74-387 .

The two-year service requirement is necessary to reinstate an account with the teachers’ retirement system and may be met by any current service accumulated by any active participating member of any of the retirement systems enumerated under this section. OAG 74-565 .

While subsection (5) of this section evidences the intent of the legislature that “service retirement” be of such significance so as to terminate membership in the system, “disability retirement” is not cast in such terms of finality. OAG 79-522 .

161.480. Statement of member — Designation of beneficiaries. [Declared void — See LRC Note Below]

Each person, upon becoming a member of the retirement system, shall file a detailed statement as required by the board of trustees and shall designate a primary beneficiary or two (2) or more cobeneficiaries to receive any benefits accruing from the death of the member. A contingent beneficiary may be designated in addition to the primary beneficiary or cobeneficiaries. The member may name more than one (1) contingent beneficiary. Any beneficiary designation made by the member, including the estate should the estate become the beneficiary by default, shall remain in effect until changed by the member on forms prescribed by the Kentucky Teachers’ Retirement System, except in the event of subsequent marriage or divorce. Subsequent marriage by the member shall void the primary beneficiary and any cobeneficiary designation, even that of a trust, and the spouse of the member at death shall be considered as the primary beneficiary, unless the member subsequent to marriage designates another beneficiary. A final divorce decree shall terminate an ex-spouse’s status as either primary beneficiary, cobeneficiary, or contingent beneficiary, unless subsequent to divorce the member redesignates the former spouse as primary beneficiary, cobeneficiary, or contingent beneficiary. To the extent permitted by the Internal Revenue Code, a trust may be designated as beneficiary for receipt of a member’s accumulated account balance in the retirement system as provided under KRS 161.470(7). A final divorce decree shall not terminate the designation of a trust as beneficiary regardless of who is designated as beneficiary of the trust. In the event that a member fails to designate a beneficiary, or all designated beneficiaries predecease the member, the member’s estate shall be deemed to be the beneficiary. Members may designate as beneficiaries only presently identifiable and existing individuals, or trusts where otherwise permitted, without contingency instructions, on forms prescribed by the retirement system. The provisions of this section shall be retroactive as they relate to election of beneficiaries by members still in active status on the effective date of this section. The provisions of this section shall not apply to any account from which a member is drawing a retirement allowance or to the life insurance benefit available under KRS 161.655 .

HISTORY: 4506b-29; amend. Acts 1964, ch. 43, § 8; 1966, ch. 16, § 3; 1976, ch. 351, § 6, effective July 1, 1976; 1978, ch. 152, § 6, effective March 28, 1978; 1988, ch. 363, § 6, effective July 1, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 504, effective July 13, 1990; 1992, ch. 192, § 5, effective July 1, 1992; 1994, ch. 369, § 6, effective July 1, 1994; 2002, ch. 275, § 12, effective July 1, 2002; 2004, ch. 121, § 6, effective July 1, 2004; 2008, ch. 78, § 5, effective July 1, 2008; 2010, ch. 164, § 5, effective July 1, 2010; 2018 ch. 107, § 50, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

This section (4506b-29; amend. Acts 1964, ch. 43, § 8; 1966, ch. 16, § 3; 1976, ch. 351, § 6, effective July 1, 1976; 1978, ch. 152, § 6, effective March 28, 1978; 1988, ch. 363, § 6, effective July 1, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 504, effective July 13, 1990.

161.490. Investigation of statement.

To the extent to which it is used in determining the liability of any fund of the retirement system, the board of trustees shall ascertain the correctness of the statement filed under KRS 161.480 by the best evidence it is able to obtain. If official records are not available as to length of service, age, salary, or other information required for the administration of the retirement system, the board may use its discretion as to the evidence to be accepted.

History. 4506b-30; Acts 1964, ch. 43, § 9; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 505, effective July 13, 1990.

Compiler’s Notes.

This section (4506b-30: amend. Acts 1964, ch. 43, § 9) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 505, effective July 13, 1990.

161.500. Service credit. [Declared void — See LRC Note Below]

  1. At the close of each fiscal year, the retirement system shall add service credit to the account of each member who made contributions to his or her account during the year. Members shall be entitled to a full year of service credit if their total paid days were not less than one hundred eighty (180) days of a one hundred eighty-five (185) day contract for a regular school or fiscal year. In the event an individual who became a member prior to January 1, 2019, is paid for less than one hundred eighty (180) days, the member may purchase credit according to administrative regulations established by the board of trustees. In no case shall more than one (1) year of service be credited for all service performed in one (1) fiscal year. Members who complete their employment contract prior to the close of a fiscal year and elect to retire prior to the close of a fiscal year shall have their service credit reduced by eight percent (8%) for each calendar month that the retirement becomes effective prior to July 1.
  2. Members who are employed and paid for less than the number of days required in their normal employment year shall be entitled to pro rata service credit for the fractional service. Such credit shall be based upon the number of days employed and the number of days in the member’s annual employment agreement or normal employment year.
  3. Service credit may not exceed the ratio between the school or fiscal year and the number of months or fraction of a month the member is employed during that year.
  4. No service credit shall be granted in the Teachers’ Retirement System for service that has been or will be used in qualifying for annuity benefit payments from another retirement system financed wholly or in part by public funds.

HISTORY: 4506b-31; amend. Acts 1962, ch. 64, § 6, 1972, ch. 82, § 10; 1984, ch. 253, § 10; effective July 1, 1984; 1988, ch. 363, § 7, effective July 1, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 506, effective July 13, 1990; 1998, ch. 515, § 6, effective July 1, 1998; 2000, ch. 498, § 9, effective July 1, 2000; 2018 ch. 107, § 51, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

This section (4506b-31; amend. Acts 1962, ch. 64, § 6, 1972, ch. 82, § 10; 1984, ch. 253, § 10; effective July 1, 1984; 1988, ch. 363, § 7, effective July 1, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 506, effective July 13, 1990.

161.505. Prior service credit to war veterans for military service. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 64) was repealed by Acts 1976, ch. 351, § 23.

161.507. Prior service credit for veterans — Credit for military service and uniformed service by active contributing member. [Declared void — See LRC Note Below]

  1. An active contributing member of the Teachers’ Retirement System may receive service credit for active service rendered in the uniformed services of the Armed Forces of the United States, including the commissioned corps of the Public Health Service, subject to the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994, the provisions of this section as applicable, and the administrative regulations promulgated by the board of trustees. Military service includes service in the uniformed services that occurs before the employment of a member in a position covered by the retirement system or where a member leaves covered employment without giving advance written or verbal notice of performing duty in the uniformed services. Service in the uniformed services also includes uniformed service that occurs after employment in a position covered by the retirement system where the member has given advance written or verbal notice of performing duty in the uniformed services and the member returns directly from uniformed services to covered employment. Military service may be credited only if discharge was honorable or was not terminated upon the occurrence of any of the events listed in 38 U.S.C. sec. 4304 . Service shall be considered as Kentucky teaching service, except that service may not be used for meeting the service requirements set forth in KRS 161.600(1)(a) or 161.661(1) unless the service occurred after the member gave written or verbal notice of performing duty in the uniformed services and the member returned directly from uniformed services to covered employment. A maximum of six (6) years of military service may be credited, but in no case a greater number of years than the actual years of contributing service in Kentucky.
  2. No credit shall be granted for military service which has been or will be used in qualifying for annuity benefit payments from another retirement system financed wholly or in part by public funds.
  3. A member having twenty (20) years or more of active duty in the military service, and who is qualified for regular federal retirement benefits based on this military service, may not receive credit for any military service in the Teachers’ Retirement System. This subsection shall apply to service presented for credit on July 1, 1975, and after this date.
    1. An individual who became a member prior to January 1, 2019, who desires to receive retirement credit for active duty in the armed services of the United States prior to employment in a position covered by the retirement system or where the member leaves covered employment without giving advance written or verbal notice of performing duty in the uniformed services shall pay to the retirement system the full actuarial cost of the service credit purchased as provided under KRS 161.220(22). These contributions shall not be picked up, as described in KRS 161.540 (2). In purchasing retirement credit for active duty in the armed services, the latest years of service shall be considered first in allowing credit toward retirement. The board of trustees shall adopt a table of actuarial factors to be used in calculating the amount of contribution required for crediting this service. (4) (a) An individual who became a member prior to January 1, 2019, who desires to receive retirement credit for active duty in the armed services of the United States prior to employment in a position covered by the retirement system or where the member leaves covered employment without giving advance written or verbal notice of performing duty in the uniformed services shall pay to the retirement system the full actuarial cost of the service credit purchased as provided under KRS 161.220(22). These contributions shall not be picked up, as described in KRS 161.540 (2). In purchasing retirement credit for active duty in the armed services, the latest years of service shall be considered first in allowing credit toward retirement. The board of trustees shall adopt a table of actuarial factors to be used in calculating the amount of contribution required for crediting this service.
    2. If military service occurred after the member gave written or verbal notice of performing duty in the uniformed services and the member returns directly from uniformed services to covered employment, the member shall contribute the regular member contribution required by KRS 161.540. The member may make the payment of delayed contributions in a lump sum payment or in installments not to exceed five (5) years beginning with the member’s date of reemployment. Interest at the rate of eight percent (8%) per annum shall be charged for delayed contributions beginning with the member’s date of reemployment until paid. Members participating in the hybrid cash balance plan as provided by KRS 161.235 who make the regular member contribution required by this paragraph, shall receive employer credits for the period of service purchased.
  4. An active contributing member of the Teachers’ Retirement System who became a member of the system prior to January 1, 2019, may receive service credit for service in the military reserves of the United States or the National Guard. The member may purchase one (1) month of service for each six (6) months of service in the reserves or the National Guard. Notwithstanding any other statute, regulation, or policy to the contrary, the system shall provide a member, upon request, the estimated actuarial cost of the National Guard or military reserves service purchase based upon the information available at the time of the request. The member shall be entitled to enter into a contract with the system at the time of the request to purchase the National Guard or military reserve service by paying to the system the estimated actuarial cost, either by installments or in lump sum. The member shall pay the full actuarial cost of this service in the military reserves or the National Guard as provided in KRS 161.220(22). Service in the military reserves or the National Guard shall be treated as service earned prior to participation in the system and shall not be used for meeting the service requirements set forth in KRS 161.600(1)(a) or 161.661(1). The payment shall not be picked up by the employer, as described in KRS 161.540(2).

HISTORY: Enact. Acts 1962, ch. 64, § 20; 1968, ch. 136, § 5; 1972, ch. 82, § 11; 1972, ch. 342, § 1; 1974, ch. 395, § 8; 1976, ch. 351, § 7, effective July 1, 1976; 1980, ch. 206, § 3, effective July 1, 1980; 1982, ch. 166, § 31, effective July 15, 1982; 1984, ch. 253, § 11, effective July 1, 1984; 1984, ch. 302, § 3, effective July 13, 1984; 1986, ch. 440, § 6, effective July 1, 1986; 1990, ch. 442, § 5, effective July 1, 1990; 1990, ch. 476, Pt. V, § 507, effective July 13, 1990; 1992, ch. 293, § 1, effective July 14, 1992; 1996, ch. 359, § 4, effective July 1, 1996; 1998, ch. 105, § 27, effective July 15, 1998; 2000, ch. 385, § 41, effective July 14, 2000; 2000, ch. 498, § 10, effective July 1, 2000; 2002, ch. 275, § 13, effective July 1, 2002; 2004, ch. 121, § 7, effective July 1, 2004; 2018 ch. 107, § 52, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

(7/14/2000). This section was amended by 2000 Ky. Acts chs. 385 and 498. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 498, which was last enacted by the General Assembly, prevails under KRS 446.250 .

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

NOTES TO DECISIONS

1. Teacher.

Where the plaintiff was employed as a teacher in this Commonwealth when he was inducted into military service, he was entitled to service credit for his military service, even though he was not reemployed by the same school system. Watkins v. Oldham, 731 S.W.2d 829, 1987 Ky. App. LEXIS 503 (Ky. Ct. App. 1987).

Opinions of Attorney General.

This section could not allow prior service credit where a person was released from active service, subject to call to active service, to follow his own personal pursuits. OAG 72-404 .

An active member may receive credit for military service under the Kentucky Teachers’ Retirement System although he is drawing benefits from another state based in part upon the same military service. OAG 74-374 .

161.510. Prior service allowed new members. [Repealed.]

Compiler’s Notes.

This section (Repealed and reenact., Acts 1990, ch. 476, Pt. V, § 508, effective July 13, 1990) was repealed by Acts 2000, ch. 498, § 22, effective July 1, 2000.

161.515. Out-of-state service credit — Contribution — Kentucky Peace Corps and federal Peace Corps service credit — Factor for members employed by universities and colleges — Factor for other members — Limited application to individuals who become members on or after January 1, 2019. [Declared void — See LRC Note Below]

  1. For the purposes of this section, “out-of-state service” shall mean service in any state in a comparable position on a full-time basis, which would be covered if in Kentucky.
    1. An active contributing member who has been a contributing member of the retirement system for at least one (1) full scholastic year subsequent to the latest out-of-state service, may present for credit service rendered out of state, not to exceed ten (10) years actually taught as a certified or licensed teacher. All members who elect to purchase this service shall pay to the retirement system the full actuarial cost as provided under KRS 161.220(22). For each year of which the retirement system shall accept payment, one (1) year of service credit shall be given. For members who purchased this service under the cost formula as it existed under this subsection on June 30, 2005, this credit may not be used to meet the service requirements of KRS 161.525 , 161.600 , or 161.661 , except as provided in subsection (2)(c) of this section. No credit shall be granted for service which has been or will be used in qualifying for annuity benefit payments from another retirement system financed wholly or in part by public funds. (2) (a) An active contributing member who has been a contributing member of the retirement system for at least one (1) full scholastic year subsequent to the latest out-of-state service, may present for credit service rendered out of state, not to exceed ten (10) years actually taught as a certified or licensed teacher. All members who elect to purchase this service shall pay to the retirement system the full actuarial cost as provided under KRS 161.220(22). For each year of which the retirement system shall accept payment, one (1) year of service credit shall be given. For members who purchased this service under the cost formula as it existed under this subsection on June 30, 2005, this credit may not be used to meet the service requirements of KRS 161.525 , 161.600 , or 161.661 , except as provided in subsection (2)(c) of this section. No credit shall be granted for service which has been or will be used in qualifying for annuity benefit payments from another retirement system financed wholly or in part by public funds.
    2. A member of the retirement system having teaching service in the elementary or secondary schools operated by the United States overseas or in this country, or in a public college or university in Kentucky, not included in the Teachers’ Retirement System of the State of Kentucky, may present this service for credit in the retirement system on the same basis as provided above for out-of-state service credit; however, no service may be presented which shall be used as a basis for retirement benefits in any program supported wholly or in part by a public institution or governmental agency. This service when added to service credited under subsection (2)(a) of this section shall not exceed a total of ten (10) years’ service credit.
    3. A member having service referred to in subsection (2)(a) or (2)(b) of this section who purchased this service under the cost formula as it existed under those subsections on June 30, 2005, may elect to use this service for meeting the requirements of KRS 161.600(1)(c) by making an additional contribution to the state accumulation fund equal to a member contribution rate of eight percent (8%) for each year so used. These payments shall not be picked up as described in KRS 161.540(2). The salary base to be used in determining this additional contribution shall be the final average salary which is used in calculating the member’s regular retirement annuity.
  2. Members entering the Teachers’ Retirement System for the first time, July 1, 1976, and after this date, shall not receive credit for service defined in subsections (2)(a) or (2)(b) of this section in excess of one (1) year of credit for each two (2) years of Kentucky service in a covered position or ten (10) years, whichever is the lesser number.
  3. A member, having completed service as a volunteer in the Kentucky Peace Corps created by KRS 154.1-720 , may purchase service credit for the time served in the corps on the same basis as provided in this section for the purchase of out-of-state service credit. A member, having completed service as a federal Peace Corps volunteer, may purchase up to two (2) years of service credit for time served in the Peace Corps on the same basis as provided in this section for the purchase of out-of-state service credit.
  4. Service purchased under this section by members who at the time of purchase are employed by employers other than those described in KRS 161.220(4)(b) or (n) shall be credited, as described in KRS 161.620(1)(a) and (b), with a retirement factor of two and one-half percent (2.5%) for each year of service that was originally performed on or after July 1, 1983, and two percent (2.0%) for each year of service performed before July 1, 1983. Service purchased under this section by members who at the time of purchase are employed by employers described in KRS 161.220(4)(b) or (n) shall be credited, as described in KRS 161.620(1)(a), with a retirement factor of two percent (2.0%) for each year of service, regardless of when the service was performed.
  5. Effective January 1, 2019, this section does not apply to individuals who become members on or after January 1, 2019.

HISTORY: Enact. Acts 1946, ch. 111, § 2; 1960, ch. 44, § 9; 1962, ch. 64, § 8; 1966, ch. 16, § 4; 1972, ch. 82, § 13; 1974, ch. 395, § 9; 1976, ch. 351, § 9, effective July 1, 1976; 1982, ch. 166, § 32, effective July 15, 1982; 1984, ch. 253, § 12, effective July 1, 1984; 1984, ch. 302, § 4, effective July 13, 1984; 1986, ch. 442, § 1, effective July 15, 1986; 1988, ch. 363, § 8, effective July 1, 1988; 1990, ch. 442, § 6, effective July 1, 1990; 1990, ch. 476, Pt. V, § 509, effective July 13, 1990; 1992, ch. 100, § 13, effective July 14, 1992; 1994, ch. 369, § 7, effective July 1, 1994; 1994, ch. 406, § 8, effective July 15, 1994; 1994, ch. 485, § 33, effective July 15, 1994; 1996, ch. 359, § 5, effective July 1, 1996; 2002, ch. 275, § 14, effective July 1, 2002; 2004, ch. 121, § 8, effective July 1, 2004; 2008, ch. 78, § 6, effective July 1, 2008; 2018 ch. 107, § 53, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

NOTES TO DECISIONS

Cited:

Watkins v. Oldham, 731 S.W.2d 829, 1987 Ky. App. LEXIS 503 (Ky. Ct. App. 1987).

Opinions of Attorney General.

A teacher who retires from his Kentucky teaching position without informing the teachers’ retirement system of any teaching service he may have accumulated as a teacher outside the state and whose annuity is calculated on the basis of his service in Kentucky cannot be credited with his out-of-state service more than two years after the effective date of his retirement. OAG 74-671 .

An individual who taught in schools in East Africa as part of the United States Agency for International Development program in schools which were part of the Uganda and Kenya educational systems and under the direct control of those countries may not be credited by the Teachers’ Retirement System for such teaching service. OAG 76-364 .

161.516. Teachers in noneducational state institutions authorized to come into retirement system. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 102) was repealed by Acts 1962, ch. 64, § 9.

161.520. Payment of accumulated account balance on death. [Declared void — See LRC Note Below]

Upon the death of an active contributing member or upon the death of a member retired for disability, except as provided in KRS 161.661(6), the survivors of the deceased member in the following named order, may elect to receive a survivor’s benefit payable as follows:

  1. Where there is a surviving widow or widower who is named as the primary beneficiary of the member’s retirement account, the benefit shall be:
    1. One hundred eighty dollars ($180) per month with no restriction on other income;
    2. Two hundred forty dollars ($240) per month when the surviving widow or widower’s total income from all sources does not exceed six thousand six hundred dollars ($6,600) per year or five hundred fifty dollars ($550) per month; or
    3. If the deceased member has a minimum of ten (10) years of service credit with the Teachers’ Retirement System, the surviving widow or widower may apply for an annuity actuarially equivalent to the annuity that would have been paid to the deceased member when eligibility conditions were met. Eligibility for payments would begin at the time the age of the deceased member would have met the requirements of KRS 161.235(6) or 161.600(1), as applicable. In exercising this right, the surviving widow or widower shall be entitled to receive an annuity for life, except as provided in subsection (6) of this section. This subsection applies to surviving spouses of members who die on or after July 1, 1978. A surviving widow or widower of a member who dies after July 1, 1978, shall be eligible for benefit payments provided under paragraphs (a) and (b) of this subsection until they begin receiving payments under this provision;
    1. Where there are surviving unmarried children under age eighteen (18) or under age nineteen (19) if a full-time student in high school, the benefit shall be two hundred dollars ($200) per month in the case of one (1) child, three hundred forty dollars ($340) per month in the case of two (2) children, four hundred dollars ($400) per month in the case of three (3) children, and four hundred forty dollars ($440) per month in the case of four (4) or more children. Benefits under this subsection shall apply in addition to benefits which may be payable under subsections (1) and (3) of this section. (2) (a) Where there are surviving unmarried children under age eighteen (18) or under age nineteen (19) if a full-time student in high school, the benefit shall be two hundred dollars ($200) per month in the case of one (1) child, three hundred forty dollars ($340) per month in the case of two (2) children, four hundred dollars ($400) per month in the case of three (3) children, and four hundred forty dollars ($440) per month in the case of four (4) or more children. Benefits under this subsection shall apply in addition to benefits which may be payable under subsections (1) and (3) of this section.
    2. Notwithstanding any provision of law to the contrary, the surviving spouse may elect to receive a lump-sum refund of the member’s accumulated account balance in lieu of the survivorship benefits payable under this subsection and subsection (1) of this section only if the surviving spouse is designated as the primary beneficiary and:
      1. Is a biological or adoptive parent of all children eligible for a benefit under this subsection and has not had his or her parental rights terminated; or
      2. Has been appointed as legal guardian of all of the children eligible under paragraph (a) of this subsection.
    3. To elect a lump-sum refund of the member’s accumulated account balance under paragraph (b) of this subsection, the surviving spouse who is designated as the primary beneficiary must sign a waiver on forms prescribed by the retirement system of his or her rights and the member’s children’s rights to the survivorship benefits payable under this subsection and subsection (1) of this section. The surviving spouse shall not waive the survivorship benefits available under this subsection or subsections (1) and (6) of this section if any of the member’s children have attained age eighteen (18) or older unless all of those children consent in writing on forms prescribed by the retirement system to waive their survivorship benefits available under this subsection;
    1. Where the survivor is a child age eighteen (18) or older whose mental or physical condition is sufficient to cause his dependency on the deceased member at the time of the member’s death, the benefit shall be two hundred dollars ($200) per month, payable for the life of the child or until the time as the mental or physical condition creating the dependency no longer exists or the child marries. The mental or physical condition of the adult child shall be revealed by a competent examination by a licensed physician and shall be approved by a majority of a medical review committee as defined in KRS 161.661(14). Benefits under this subsection shall apply in addition to benefits which may be payable under subsections (1) and (2) of this section. (3) (a) Where the survivor is a child age eighteen (18) or older whose mental or physical condition is sufficient to cause his dependency on the deceased member at the time of the member’s death, the benefit shall be two hundred dollars ($200) per month, payable for the life of the child or until the time as the mental or physical condition creating the dependency no longer exists or the child marries. The mental or physical condition of the adult child shall be revealed by a competent examination by a licensed physician and shall be approved by a majority of a medical review committee as defined in KRS 161.661(14). Benefits under this subsection shall apply in addition to benefits which may be payable under subsections (1) and (2) of this section.
    2. Notwithstanding any provision of law to the contrary, the surviving spouse shall not elect to receive a lump-sum refund of the member’s accumulated account balance in lieu of the survivorship benefits payable under this subsection and subsection (1) of this section unless:
      1. The surviving spouse is designated as the primary beneficiary;
      2. The surviving spouse has been appointed by the court as guardian, conservator, or other fiduciary with sufficient general or specific authority to waive the survivorship benefits available under this subsection for any child or children age eighteen (18) or older who have been adjudicated incompetent to make decisions on their own behalf by a court of law; and
      3. Any child or children age eighteen (18) or older who are mentally competent to make decisions on their own behalf as attested to by two (2) physicians’ statements consent in writing on forms prescribed by the retirement system to waive their survivorship benefits available under this subsection.
    3. If eligible to elect a lump-sum refund of the member’s accumulated account balance, the surviving spouse shall sign a waiver on forms prescribed by the retirement system of his or her rights and the member’s children’s rights to the survivorship benefits payable under this subsection and subsections (1) and (2) of this section;
  2. Where the sole eligible survivors are dependent parents aged sixty-five (65) or over, the benefit shall be two hundred dollars ($200) per month for one (1) parent or two hundred ninety dollars ($290) per month for two (2) parents. Dependency of a parent shall be established as of the date of the death of the member;
  3. Where the sole eligible survivor is a dependent brother or sister, the benefit shall be one hundred sixty five dollars ($165) per month. In order to qualify the brother or sister must have been a resident of the deceased member’s household for at least one (1) full year prior to the member’s death or must have been receiving care in a hospital, nursing home, or other institution at the member’s expense for same period;
  4. The benefit to a child as defined in subsection (2) of this section shall terminate upon the attainment of age eighteen (18) or upon reaching age nineteen (19), if a full-time student in high school, or upon marriage, except that benefits shall continue until the attainment of age twenty-three (23) for an unmarried child who is a full-time student in a recognized educational program beyond the high school level. The benefit to a widow, widower, dependent parent, or dependent brother or sister or dependent child age eighteen (18) or older shall terminate upon marriage, or upon termination of the condition creating the dependency;
  5. The board of trustees shall be the sole judge of eligibility or dependency of any beneficiary, and may require formal application or information relating to eligibility or dependency, including proof of annual income satisfactory to the board. The board of trustees may subpoena records and individuals whenever it deems this action necessary;
  6. No payment of benefits shall be made unless the board of trustees authorizes the payment. The board shall promulgate administrative regulations for the administration of the provisions in this section and in every case the decision of the board of trustees shall be final as to eligibility, dependency, or disability, and the amount of benefits payable;
  7. In the event that there are no eligible survivors as defined in subsections (1) to (5) of this section, or in the event that the surviving spouse elects not to receive survivorship benefits on his or her own behalf or on behalf of any of the member’s children as permitted under subsections (2) and (3) of this section, the board of trustees shall pay to the estate or the designated beneficiaries of the deceased member a refund of his accumulated account balance as provided in KRS 161.470(7). If the benefits paid or payable under subsections (1) to (5) of this section and KRS 161.661 shall amount to a sum less than the member’s accumulated account balance at the time of death, the board of trustees shall pay to the estate or designated beneficiaries of the deceased member the balance of the accumulated account balance;
  8. Any person who is receiving benefits and becomes disqualified from receiving those benefits under this section shall immediately notify the Teachers’ Retirement System of this disqualification in writing and shall return all benefits paid after the date of disqualification. Failure to comply with these provisions shall create an indebtedness of that person to the Teachers’ Retirement System. Interest at the rate of eight percent (8%) per annum shall be charged if the debt is not repaid within sixty (60) days after the date of disqualification. Failure to repay this debt creates a lien in favor of the Teachers’ Retirement System upon all property of the person who improperly receives benefits and does not repay those benefits; and
  9. Benefits under subsections (2) and (3) of this section shall apply to a child who is a legally adopted survivor at the time of the death of the member. This provision shall be retroactive to include a child who was born after January 1, 1990, and is a legally adopted survivor of a member whose death occurred prior to July 15, 2008.

HISTORY: 4506b-33; amend. Acts 1958, ch. 7, § 2; 1962, ch. 64, § 10; 1964, ch. 43, § 10; 1966, ch. 16, § 5; 1968, ch. 136, § 6; 1970, ch. 54, § 1; 1972, ch. 82, § 14; 1974, ch. 386, § 31; 1974, ch. 395, § 10; 1976, ch. 351, § 10, effective July 1, 1976; 1978, ch. 152, § 7, effective March 28, 1978; 1980, ch. 206, § 4, effective July 1, 1980; 1980, ch. 246, § 15, effective July 15, 1980; 1984, ch. 253, § 13, effective July 1, 1984; 1986, ch. 440, § 7, effective July 1, 1986; 1988, ch. 363, § 9, effective July 1, 1988; 1990, ch. 442, § 7, effective July 1, 1990; 1990, ch. 476, Pt. V, § 510, effective July 13, 1990; 1992, ch. 192, § 6, effective July 1, 1992; 1994, ch. 369, § 8, effective July 1, 1994; 2004, ch. 121, § 9, effective July 1, 2004; 2006, ch. 189, § 4, effective July 1, 2006; 2008, ch. 67, § 1, effective July 15, 2008; 2008, ch. 78, § 7, effective July 1, 2008; 2018 ch. 107, § 54, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

NOTES TO DECISIONS

Cited:

Watkins v. Oldham, 731 S.W.2d 829, 1987 Ky. App. LEXIS 503 (Ky. Ct. App. 1987).

Opinions of Attorney General.

An assignment of accumulated contributions is not revoked by marriage. OAG 63-483 .

The statute permits a refund of accumulated contributions to the estate of the teacher, if he dies intestate or does not assign such contributions, or to his assigned beneficiary if he names one. OAG 63-483 .

A decree of divorce providing for the restoration of property under KRS 403.060 (repealed) operates to extinguish the interest of a deceased teacher’s former spouse which arose by virtue of being designated as the named beneficiary of her teachers retirement system benefits prior to the divorce. OAG 67-380 .

Survivors who in 1962 elected to remain under the 1958 statute would also be eligible to take advantage of the 1970 increased benefits if they so elected. OAG 70-487 .

A widow who would otherwise be entitled to a widow’s allowance under this section would not be precluded from such benefit by the fact that a divorce was pending between her and her husband at the time of his death or by the entry of a divorce decree after his death. OAG 70-508 .

In the case of a deceased teacher, under this section, either survivors’ benefits or a refund of contributions, but not both, is to be paid and the designated beneficiary gets a first chance. OAG 70-625 .

A widow would not be entitled to a survivor’s benefit under this section if she is convicted of a felony for her husband’s death. OAG 70-692 .

Where a widow is under indictment resulting from her husband’s death, no payments should be made as a widow’s benefit under this section until such time as she is acquitted on the charge. OAG 70-692 .

Where, following a teacher’s death, his children were actually living with their mother but a judgment had been entered granting custody to their grandfather as legal guardian, payments for the children under the survivor’s benefits should be made to the grandfather. OAG 70-692 .

One or more surviving minor children of deceased parents, both of whom were members of the teachers’ retirement system, were entitled to survivor benefits under the statute from the retirement account of each of the parents. OAG 75-184 .

Where a teacher applied for service retirement February 17, 1975, to be effective the coming fiscal year and chose a straight life annuity with a refundable balance to her beneficiary, such retirement became effective on July 1, 1975, and the fact that she died July 29, 1975, prior to receiving her first check has no bearing on her retirement and her husband is entitled only to a refund of the balance in her account rather than the amounts provided under this section or KRS 161.525 . OAG 75-579 .

Research References and Practice Aids

Cross-References.

“Dependent” defined, KRS 161.220 .

161.522. Survivors of certain members retired for disability may elect annuity. [Declared void — See LRC Note Below]

Upon the death of a member retired for disability who had a minimum of twenty-seven (27) years of service at the time of death, except as provided in KRS 161.661(6), the spouse, if named as the primary beneficiary of the member’s account, shall be entitled to elect, in lieu of a refund of the member’s account, an annuity actuarially equivalent to the annuity that would have been paid to the deceased member had retirement for service been effective on the day immediately preceding the member’s death. This option shall be available only during the entitlement period described under KRS 161.661(3) and (4) prior to the recalculation of the member’s disability allowance under KRS 161.661(5). In selecting this right, the spouse shall be limited to selecting an option providing a straight life annuity with refundable balance or a term certain option. There shall be a monthly minimum allowance of three hundred dollars ($300) as the basic straight life annuity. This section applies to surviving spouses of members who were receiving benefit payments under KRS 161.520 as of June 30, 1988, and to surviving spouses of members who die on or after July 1, 1984, except that the member shall have been retired for disability with a minimum of thirty (30) years of service if either of these two (2) conditions were met prior to July 1, 1990. This section does not apply to individuals who become members on or after January 1, 2019.

HISTORY: Enact. Acts 1984, ch. 253, § 14, effective July 1, 1984; 1990, ch. 442, § 8, effective July 13, 1990; 1990, ch. 476, Pt. V, § 511, effective July 13, 1990; 1994, ch. 369, § 9, effective July 1, 1994; 1996, ch. 359, § 6, effective July 1, 1996; 2002, ch. 275, § 15, effective July 1, 2002; 2008, ch. 78, § 8, effective July 1, 2008; 2018 ch. 107, § 55, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

161.525. Death of member eligible to retire — Options of beneficiary — Monthly minimum allowance to surviving spouse of individual who becomes member before January 1, 2019. [Declared void — See LRC Note Below]

  1. Upon death of a member in active contributing status at the time of death, who was eligible to retire by reason of service, the spouse, if named as the primary beneficiary of the member’s retirement account, or in the absence of an eligible spouse a legal dependent of the member, if named as the primary beneficiary, shall be entitled to elect, in lieu of a refund of the member’s accumulated account balance or benefits provided in KRS 161.520 , an annuity actuarially equivalent at the attained age of the beneficiary to the annuity that would have been paid to the deceased member had retirement been effective on the day immediately preceding the member’s death. Under the provisions of KRS 61.680 , benefits shall be processed as if the member retired for service. In exercising this right the spouse or legal dependent shall be limited to selecting an option providing either a straight life annuity with refundable balance or a term certain option. A spouse may receive the annuity provided by this section at the same time as children are qualifying for survivors’ benefits under the provisions of KRS 161.520 ; however, a legal dependent, other than a spouse, may not receive these payments if children have qualified for benefits under that section.
  2. A spouse qualifying for an annuity under subsection (1) of this section may defer the payments in order to reduce the actuarial discounts to be applied due to age.
  3. Upon death of a member in active contributing status at the time of his death, who had a minimum of twenty-seven (27) years of service, the spouse, if named as the primary beneficiary of the member’s account shall be entitled to a monthly minimum allowance of three hundred dollars ($300) as the basic straight life annuity. This provision applies to surviving spouses of members who were receiving benefit payments under KRS 161.520 as of June 30, 1986, and to surviving spouses of members who die on or after July 1, 1986. This subsection does not apply to individuals who become members on or after January 1, 2019.

HISTORY: Enact. Acts 1964, ch. 43, § 22; 1968, ch. 136, § 7; 1972, ch. 82, § 15; 1976, ch. 351, § 11, effective July 1, 1976; 1986, ch. 440, § 8, effective July 1, 1986; 1990, ch. 442, § 9, effective July 1, 1990; 1990, ch. 476, Pt. V, § 512, effective July 13, 1990; 1994, ch. 369, § 10, effective July 1, 1994; 1996, ch. 359, § 7, effective July 1, 1996; 2004, ch. 121, § 10, effective July 1, 2004; 2018 ch. 107, § 56, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Opinions of Attorney General.

This section confers upon a deceased teacher’s surviving spouse, providing the spouse is the designated beneficiary, the annuity the teacher could have taken the day before his death, and is limited by the provisions of KRS 161.620(4). OAG 67-443 .

The survivor of a deceased member who, pursuant to this section, accepts a ten year certain annuity, cannot, without the consent of his beneficiary, change the beneficiary. OAG 70-365 .

Where a teacher filed for retirement benefits by electing an annuity while designating her sister as beneficiary and then died two days before her retirement, the designation of beneficiary was effective and the sister was entitled to receive the annuity the deceased teacher would have received. OAG 71-466 .

Where a teacher applied for service retirement February 17, 1975, to be effective the coming fiscal year and chose a straight life annuity with a refundable balance to her beneficiary, such retirement became effective on July 1, 1975, and the fact that she died July 29, 1975, prior to receiving her first check has no bearing on her retirement and her husband is entitled only to refund of the balance in her account rather than the amounts provided under KRS 161.520 or this section. OAG 75-579 .

161.530. Restoration of forfeited account — Exception.

Except as provided in KRS 6.696 , if a member, whose account has been forfeited under previous provisions of this section, shall return to teaching in a covered position in Kentucky, and reinstates the lost service credit as provided in KRS 161.470(3), the funds transferred from the member’s account shall be restored to his account, without interest, and shall be credited against the payment required for reinstatement of service credit.

History. 4506b-34; amend. Acts 1972, ch. 82, § 16; 1976, ch. 351, § 12, effective July 1, 1976; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 513, effective July 13, 1990; 1993 (1st Ex. Sess.), ch. 4, § 81, effective September 16, 1993; 1994, ch. 369, § 11, effective July 1, 1994.

Compiler’s Notes.

This section (4506b-34; amend. Acts 1972, ch. 82, § 16; 1976, ch. 351, § 12, effective July 1, 1976) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 513, effective July 13, 1990.

161.540. Members’ contributions — Picked-up contributions. [Declared void — See LRC Note Below]

    1. Effective January 1, 2019, each individual who is a contributing nonuniversity member, shall contribute to the retirement system twelve and eight hundred fifty-five thousandths percent (12.855%) of annual compensation, of which: (1) (a) Effective January 1, 2019, each individual who is a contributing nonuniversity member, shall contribute to the retirement system twelve and eight hundred fifty-five thousandths percent (12.855%) of annual compensation, of which:
      1. Nine and one hundred five thousandths percent (9.105%) of annual compensation shall be used to fund pension benefits; and
      2. Three and three-quarters percent (3.75%) of annual compensation shall be used to fund retiree health benefits.
    2. Effective January 1, 2019, each individual who is a contributing university member, shall contribute to the retirement system ten and four-tenths percent (10.4%) of annual compensation, of which:
      1. Seven and six hundred twenty-five thousandths percent (7.625%) of annual compensation shall be used to fund pension benefits; and
      2. Two and seven hundred seventy-five thousandths percent (2.775%) of annual compensation shall be used to fund retiree health benefits.
    3. When the medical insurance fund established under KRS 161.420(5) achieves a sufficient prefunded status as determined by the retirement system’s actuary, the board of trustees shall recommend to the General Assembly that the contributions required under paragraph (a)2. or (b)2. of this subsection shall, in an actuarially accountable manner, be either decreased, suspended, or eliminated.
    4. Payments authorized by statute that are made to retiring members, who became members of the system before July 1, 2008, for not more than sixty (60) days of unused accrued annual leave shall be considered as part of the member’s annual compensation, and shall be used only for the member’s final year of active service. The contribution of members shall not exceed these applicable percentages on annual compensation. When a member retires, if it is determined that he has made contributions on a salary in excess of the amount to be included for the purpose of calculating his final average salary, any excess contribution shall be refunded to him in a lump sum at the time of the payment of his first retirement allowance. In the event a member is awarded a court-ordered back salary payment the employer shall deduct and remit the member contribution on the salary payment, plus interest to be paid by the employer, to the retirement system unless otherwise specified by the court order.
  1. Each public board, institution, or agency listed in KRS 161.220 (4) shall, solely for the purpose of compliance with Section 414(h) of the United States Internal Revenue Code, pick up the member contributions required by this section for all compensation earned after August 1, 1982, and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code and KRS 141.010 . The picked-up member contribution shall satisfy all obligations to the retirement system satisfied prior to August 1, 1982, by the member contribution, and the picked-up member contribution shall be in lieu of a member contribution. Each employer shall pay these picked-up member contributions from the same source of funds which is used to pay earnings to the member. The member shall have no option to receive the contributed amounts directly instead of having them paid by the employer to the system. Member contributions picked-up after August 1, 1982, shall be treated for all purposes of KRS 161.220 to 161.714 in the same manner and to the same extent as member contributions made prior to August 1, 1982.

HISTORY: 4506b-36; amend. Acts 1946, ch. 111, § 3; 1954, ch. 196, § 3; 1960, ch. 44, § 10; 1964, ch. 43, § 11; 1970, ch. 168, § 2; 1974, ch. 395, § 11; effective July 1, 1974; 1978, ch. 152, § 8, effective March 28, 1978; 1980, ch. 188, § 120, effective July 15, 1980; 1980, ch. 206, § 5, effective July 1, 1980; 1982, ch. 166, § 4, effective July 15, 1982; 1982, ch. 326, § 7, effective July 1, 1982; 1984, ch. 253, § 15, effective July 1, 1984; 1984, ch. 302, § 2, effective July 13, 1984; 1988, ch. 240, § 3, effective July 15, 1988; 1988, ch. 260, § 3, effective July 15, 1988; 1988, ch. 363, § 10, effective July 1, 1988; 1990, ch. 476, Pts. V and VII D, §§ 514, 648, effective April 11, 1990; 1992, ch. 192, § 7, effective July 1, 1992; 1994, ch. 369, § 12, effective July 1, 1994; 1994, ch. 469, § 35, effective July 15, 1994; 1996, ch. 359, § 8, effective July 1, 1996; 2002, ch. 275, § 16, effective July 1, 2002; 2008, ch. 11, § 1, effective April 7, 2008; 2008, ch. 78, § 9, effective July 1, 2008; 2008 (1st Ex. Sess.), ch. 1, § 34, effective June 27, 2008; 2010, ch. 159, § 3, effective July 1, 2010; 2010, ch. 164, § 6, effective July 1, 2010; 2018 ch. 107, § 57, effective July 14, 2018; 2018 ch. 171, § 94, effective April 14, 2018; 2018 ch. 207, § 94, effective April 27, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

(7/14/2018). This statute was amended by 2018 Ky. Acts chs. 107, 171, and 207, which do not appear to be in conflict and have been codified together.

(7/1/2010). This section was amended by 2010 Ky. Acts chs. 159 and 164, which do not appear to be in conflict and have been codified together.

Compiler's Notes.

The Internal Revenue Code, referred to herein, is codified as Title 26, USCS.

Opinions of Attorney General.

Since a state’s legislator’s salary does not fall within the definition of “annual compensation” in KRS 161.220 , a legislator who retains membership in the KTRS cannot legally make contributions to the KTRS or acquire credit in the KTRS, but must, in effect, relinquish his participation in the KTRS and participate in the KERS in order to acquire any service credit in a public retirement system — in this case the KERS. OAG 78-226 .

University faculty members of Kentucky Teachers’ Retirement System who are also covered by the social security system are not being discriminated against by having smaller contributions and benefits factors than other such members, as of 1980, since the differences are designed to offset social security increases. OAG 78-729 .

Subsection (2) of this section and KRS 161.560 , which are clear and unequivocal on their face, require an interpretation which would foreclose any direct payment by a local board of education to the Kentucky Teachers’ Retirement System of a portion of the employee’s contributions to the retirement system; however, these sections would not exclude any arrangement whereby a local board of education would reimburse its employees for a portion of the employee’s contributions into the retirement system after the payroll deductions have already been made and credited to the KTRS. OAG 81-373 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 29, (4) at 865.

161.545. Contributions and service credit for substitute service, part-time service, or leave of absence — Contributions not to be picked up — Purchases of service credit by individuals becoming members on or after July 1, 2008, but before January 1, 2019, for leaves of absence for health, child-rearing, and educational improvement reasons. [Declared void — See LRC Note Below]

    1. Members may make contributions and receive service credit for substitute, part-time, or any service other than regular full-time teaching as provided in the administrative regulations of the board of trustees if contributions were not otherwise made as a result of the service. This paragraph does not apply to members who retired on or after January 1, 2019, and are reemployed on or after January 1, 2019. (1) (a) Members may make contributions and receive service credit for substitute, part-time, or any service other than regular full-time teaching as provided in the administrative regulations of the board of trustees if contributions were not otherwise made as a result of the service. This paragraph does not apply to members who retired on or after January 1, 2019, and are reemployed on or after January 1, 2019.
    2. Members placed on leave of absence during a period of full-time employment as defined in KRS 161.220(21) may make contributions and receive service credit for this leave only if contributions are made by the end of the fiscal year next succeeding the year in which the leave was effective as provided in administrative regulations promulgated by the board of trustees. Contributions permitted after August 1, 1982, shall not be picked-up pursuant to KRS 161.540(2).
  1. Active contributing members of the Teachers’ Retirement System, or former members who are currently participating in a state-administered retirement system, who were granted leaves of absence during a period of full-time employment as defined in KRS 161.220(21) since July 1, 1964, for reasons of health as defined under the Federal Family Medical Leave Act of 1993, 29 U.S.C. secs. 2601 et seq., child rearing, or to improve their educational qualifications, and did not purchase the leave of absence as provided in subsection (1) of this section may obtain credit for the leave of absence as provided under the administrative regulations of the board of trustees and under the following conditions:
    1. The leave of absence shall be verified by a copy of the board of education minutes which granted the leave of absence or by other documentation that was generated contemporaneously with the leave that is determined by the retirement system to reasonably establish that a leave of absence was granted; and
    2. The member shall contribute the required percentage based on the salary received for the year immediately preceding the leave of absence plus interest at the rate of eight percent (8%) compounded annually from the beginning of the school year following the year of the leave of absence, and by depositing in the state accumulation fund an amount equal to this total.
    3. The member shall receive credit for no more than two (2) years under the provisions of this subsection.
  2. Contributions permitted under this section after August 1, 1982, shall not be picked-up pursuant to KRS 161.540(2).
  3. Notwithstanding any other provisions of this section to the contrary, purchase of service credit under subsection (2) of this section:
    1. For individuals who become members on or after July 1, 2008, but prior to January 1, 2019, shall be purchasable only at the full actuarial cost; and
    2. Shall not apply to individuals who become members on or after January 1, 2019.

HISTORY: Enact. Acts 1960, ch. 44, § 14; 1968, ch. 136, § 8; 1974, ch. 395, § 12, effective July 1, 1974; 1978, ch. 152, § 9, effective March 28, 1978; 1980, ch. 206, § 6, effective July 1, 1980; 1982, ch. 166, § 12, effective July 15, 1982; 1984, ch. 253, § 16, effective July 1, 1984; 1984, ch. 302, § 5, effective July 13, 1984; 1986, ch. 440, § 9, effective July 1, 1986; 1988, ch. 363, § 11, effective July 1, 1988; 1988, ch. 373, § 3, effective July 15, 1988; 1990, ch. 442, § 10, effective July 1, 1990; 1990, ch. 476, Pt. V, § 515, effective July 13, 1990; 1992, ch. 192, § 8, effective July 1, 1992; 1994, ch. 369, § 13, effective July 1, 1994; 1996, ch. 259, § 1, effective July 15, 1996; 1996, ch. 359, § 9, effective July 1, 1996; 1998, ch. 515, § 7, effective July 1, 1998; 2002, ch. 275, § 17, effective July 1, 2002; 2004, ch. 121, § 11, effective July 1, 2004; 2008, ch. 78, § 10, effective July 1, 2008; 2008 (1st Ex. Sess.), ch. 1, § 35, effective June 27, 2008; 2018 ch. 107, § 58, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Opinions of Attorney General.

The fact a teacher was on unpaid leave of absence under KRS 161.770 may be shown by board minutes even though a specific item cannot be pointed to in the minutes; in this regard, if it can be shown through a composite of board minutes, probably extending over several years, and possibly with the aid of payroll records which would have been approved by board action at a meeting, that the employment status of a teacher could have been nothing other than being on a leave of absence under the authority of KRS 161.770 , this would serve as compliance with this section. OAG 78-778 . Compare OAG 78-346 .

A Kentucky Teacher’s Retirement System member who did not officially request a maternity leave, and who did not supply a verified copy of the board minutes granting such leave of absence, may make contributions, if the member can produce board minutes showing that she was not terminated, then rehired. OAG 79-96 .

Research References and Practice Aids

Northern Kentucky Law Review.

General Law Issue: Note: Front Pay Under the FMLA, 38 N. Ky. L. Rev. 259 (2011).

161.546. Member may purchase 4 years’ credit in Teachers’ Retirement System for teaching in private college or university in Kentucky that accepts students under Kentucky Higher Education Assistance Authority program. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 480, § 4, effective July 13, 1990) was repealed by Acts 1996, ch. 359, § 20, effective July 1, 1996.

161.5461. Purchase of service credit with rolled-over or transferred retirement funds.

  1. Any active contributing member may purchase service credit as authorized under KRS Chapter 161 by rolling over funds from a previous plan to the extent that rollovers are permitted by the rules set forth in the Internal Revenue Code. The rollovers may be made directly from a previous qualified plan or through a conduit individual retirement account as permitted by the rules set forth in the Internal Revenue Code.
  2. Any active contributing member may purchase service credit as authorized under KRS Chapter 161 by transferring funds directly from a retirement plan maintained by the Commonwealth of Kentucky to the extent that transfers are permitted by the rules set forth in the Internal Revenue Code.
  3. The amount of any transfer or rollover purchase as permitted under subsections (1) and (2) of this section, excluding that portion credited to the medical insurance fund under KRS 161.420(5), shall be credited to the individual member’s account and shall be considered accumulated contributions of the member.

History. Enact. Acts 2000, ch. 498, § 4, effective July 1, 2000; 2002, ch. 275, § 18, effective July 1, 2002.

Compiler’s Notes.

The Internal Revenue Code, referred to in subsections (1) and (2), is codified as Title 26, USCS.

161.5465. Member with twenty years’ service credit may purchase five years’ service credit — Exceptions. [Declared void — See LRC Note Below]

On or after August 1, 1998, a member of the Teachers’ Retirement System in active contributing status who has a minimum of twenty (20) years of service credit may purchase up to a maximum of five (5) years of service credit that is not otherwise purchasable under any of the provisions of KRS 161.220 to 161.716 and that meets the definition of nonqualified service as provided in Section 1526 of the Federal Taxpayer Relief Act of 1997. The member shall pay the full actuarial cost of the service credit as provided in KRS 161.220 (22). The payment shall not be picked up by the employer as described in KRS 161.540(2), and the member’s payment shall be credited to the member’s contribution account and shall be considered accumulated contributions of the member. Payment by the member may be by lump sum or by installment payments as provided in KRS 161.597 . Notwithstanding any other statute to the contrary, the Kentucky Teachers’ Retirement System shall recognize nonqualified service credit purchased with another retirement system only to the extent that the member had an equivalent number of full months of active employment in the position covered by the other retirement system during the period that the nonqualified service was purchased. This section shall not apply to:

  1. Individuals who become members on or after July 1, 2008, but prior to January 1, 2019, except that a teacher of a local school board may purchase up to ten (10) months of service under this section if the teacher is retiring and has completed the prior school year with at least twenty-six (26) years and two (2) months of service but less than twenty-seven (27) years of service; and
  2. Individuals who become members on or after January 1, 2019.

HISTORY: Enact. Acts 1998, ch. 515, § 16, effective July 1, 1998; 2000, ch. 498, § 11, effective July 1, 2000; 2002, ch. 275, § 19, effective July 1, 2002; 2008 (1st Ex. Sess.), ch. 1, § 36, effective June 27, 2008; 2018 ch. 107, § 59, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

Section 1526 of the Federal Taxpayer Relief Act of 1997 referred to herein is codified as 26 USCS §§ 415(k)(3) and 415(n).

Opinions of Attorney General.

With regard to members who purchase service credit pursuant to the statute and who qualify for retirement pursuant to KRS 161.600 , the Kentucky Teachers’ Retirement System must provide medical insurance benefits to those members for those years purchased. OAG 99-7 .

The purchase of service credits pursuant to the statute cannot be restricted to only those members who are retiring. OAG 99-7 .

The payment for the purchase of service credits under the statute is not required to be only by lump sum payment; thus, members may pay for such service credits in installment payments pursuant to KRS 161.597 . OAG 99-7 .

161.547. Member having service as legislator and becoming member before January 1, 2019, may purchase four years’ credit in the retirement system. [Declared void — See LRC Note Below]

An individual who became a member of the retirement system prior to January 1, 2019, who has service as a Kentucky legislator which is not credited by any retirement system administered by the Commonwealth of Kentucky may present such service, not to exceed four (4) years, for credit in the retirement system by paying the full actuarial cost of the service as determined by the system actuary. The member may purchase all or part of his service as a legislator, but no less than one (1) year of service. The entire payment shall be placed in the teachers’ saving fund.

HISTORY: Enact. Acts 1990, ch. 480, § 5, effective July 13, 1990; 2018 ch. 107, § 60, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

161.548. Purchase of service credit by individual who became member before January 1, 2019, and who served in a regional community program for mental health and individuals with an intellectual disability. [Declared void — See LRC Note Below]

An individual who became a member of the Teachers’ Retirement System prior to January 1, 2019, who is in an active contributing status with the system, and who was formerly employed in a regional community service program for mental health and individuals with an intellectual disability, organized and operated under the provisions of KRS 210.370 to 210.480 , which does not participate in a state-administered retirement system, may obtain credit for the period of his service in the regional community program for mental health and individuals with an intellectual disability by paying to the Teachers’ Retirement System the full actuarial cost of the service credit purchased, as provided in KRS 161.220(22). The service credit purchased may not be used for meeting the service requirements set forth in KRS 161.600(1)(a) or 161.661(1). The payment shall not be picked up, as described in KRS 161.540(2), and the entire payment shall be placed in the teachers’ savings fund.

HISTORY: Enact. Acts 1996, ch. 346, § 2, effective July 15, 1996; 2000, ch. 498, § 12, effective July 1, 2000; 2012, ch. 146, § 15, effective July 12, 2012; 2018 ch. 107, § 61, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

161.549. Purchase of service credit by individual who became member before January 1, 2019, and who was employed at a Federal Head Start agency. [Declared void — See LRC Note Below]

An individual who became a member of the Teachers’ Retirement System prior to January 1, 2019, who is in an active contributing status with the system, and who was formerly employed by a Federal Head Start agency, operated under 42 U.S.C. secs. 9831 et seq., which does not participate in a state-administered retirement system, may obtain credit for the period of the member’s service in the Head Start program by purchasing this service credit under the same conditions that out-of-state service credit may be purchased under KRS 161.515 . The service credit purchased may not be used for meeting the service requirements set forth in KRS 161.600(1)(a) or 161.661(1). Payment for the service credit purchased may be made in installments in lieu of a lump-sum payment. The payment shall not be picked up, as described in KRS 161.540(2), and the entire payment shall be placed in the teachers’ savings fund.

HISTORY: Enact. Acts 1998, ch. 268, § 1, effective July 15, 1998; 2000, ch. 498, § 13, effective July 1, 2000; 2004, ch. 54, § 1, effective July 13, 2004; 2018 ch. 107, § 62, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

161.550. Contribution to system by employers and state — Contributions to pension and life insurance funds. [Declared void — See LRC Note Below]

    1. Effective July 1, 2020, and for each fiscal year occurring thereafter, each employer, except as provided under KRS 161.555 , shall contribute annually to the Teachers’ Retirement System a base permanent employer contribution equal to: (1) (a) Effective July 1, 2020, and for each fiscal year occurring thereafter, each employer, except as provided under KRS 161.555 , shall contribute annually to the Teachers’ Retirement System a base permanent employer contribution equal to:
      1. Thirteen and one hundred five thousandths percent (13.105%) of the total annual compensation of nonuniversity members it employs, of which:
        1. Twelve and three hundred fifty-five thousandths percent (12.355%) of the total annual compensation shall be used to fund pension and life insurance benefits; and
        2. Three-quarters of a percent (0.75%) of annual compensation shall be used to provide funding to the medical insurance fund as provided under KRS 161.420(5). If the board of trustees establishes a trust fund under 26 U.S.C. sec. 115 , the board may deposit the employer contribution provided in this subparagraph in that trust fund; and
      2. Thirteen and sixty-five hundredths percent (13.65%) of the total annual compensation of university members of the retirement system it employs, of which:
        1. Ten and eight hundred seventy-five thousandths percent (10.875%) of the total annual compensation shall be used to fund pension and life insurance benefits; and
        2. Two and seven hundred seventy-five thousandths percent (2.775%) of annual compensation shall be used to provide funding to the medical insurance fund as provided under KRS 161.420(5). If the board of trustees establishes a trust fund under 26 U.S.C. sec. 115 , the board may deposit the employer contribution provided in this subparagraph in that trust fund.
    2. Effective July 1, 2020, and for each year thereafter, each employer shall pay the additional contributions needed to fund the Teachers’ Retirement System pension fund and life insurance fund on an actuarially sound basis as determined by the system’s actuarial valuation completed in accordance with KRS 161.400 and as specified by this section. The amount payable under the provisions of this paragraph shall:
      1. Be in addition to the amounts provided under paragraph (a)1.a. and (a)2.a. of this subsection;
      2. Not include the cost or funding of benefits established by KRS 161.553 ; and
      3. Shall be prorated to each employer based upon the individual employer’s average percentage of the total compensation reported by all employers in the system in fiscal years 2014-2015, 2015-2016, and 2016-2017, except that the amount shall be paid by state appropriation only for those employers who cover memberships specified by KRS 161.220(4)(a).
    3. The contributions payable under paragraphs (a)1.a., (a)2.a., and (b) of this subsection by employers and the state shall be equal to the sum of the “normal cost” contribution and the “actuarially accrued liability contribution,” except that the minimum contribution to fund pension and life insurance benefits shall not be less than the combined employer contribution to fund pension and life insurance benefits specified by paragraph (a) of this subsection and subsection (3) of this section.
    4. For purposes of this subsection, the normal cost contribution shall be computed as a percentage of payroll and shall be an annual amount that is sufficient when combined with employee contributions to fund pension and life insurance benefits earned during the year, including costs for members participating in the hybrid cash balance plan.
    5. For purposes of this subsection, the actuarially accrued liability contribution shall be an annual amount that is sufficient to amortize the total unfunded actuarially accrued liability over a closed period of thirty (30) years using:
      1. The level percentage of payroll amortization method in the 2018 actuarial valuation with a payroll growth assumption of two and six hundred twenty-five thousandths percent (2.625%);
      2. The level percentage of payroll amortization method in the 2019 actuarial valuation with a payroll growth assumption of one and seventy-five hundredths percent (1.75%);
      3. The level percentage of payroll amortization method in the 2020 actuarial valuation with a payroll growth assumption of eight hundred seventy-five thousandths percent (0.875%); and
      4. The level dollar amortization method in the 2021 actuarial valuation and for each valuation occurring thereafter.
    6. Effective with the 2018 actuarial valuation, which determines the employer rates payable on or after July 1, 2020, the employer contributions computed under this section shall be determined using:
      1. The entry age normal cost funding method;
      2. An asset smoothing method that smooths gains and losses over a five (5) year period; and
      3. Other funding methods and assumptions established by the board in accordance with KRS 161.400 .
  1. In addition to the required contributions in subsection (1) of this section, the state shall contribute annually to the Kentucky Teachers’ Retirement System a percentage of the total salaries of the state-funded and federally funded members it employs to pay the cost of health insurance coverage for retirees who are not eligible for Medicare and who retire on or after July 1, 2010, less the amounts that are otherwise required to be paid by the retirees under KRS 161.675 . The Kentucky Teachers’ Retirement System may also request an additional amount necessary to ensure payment of medical insurance costs through fiscal year 2015-2016 which shall not be subject to the limitations of paragraph (c) of this subsection. The board shall deposit funds in the medical insurance fund unless the board of trustees has established a trust fund under 26 U.S.C. sec. 115 for this purpose. In this case, the board may deposit the employer contribution in that trust fund. This contribution shall be known as the state medical insurance fund stabilization contribution. The percentage to be contributed by the state under this subsection:
    1. Shall be determined by the retirement system’s actuary for each biennial budget period;
    2. May be suspended or adjusted by the General Assembly if in its judgment the welfare of the Commonwealth so demands; and
    3. Shall not exceed the lesser of the actual benefit cost for retirees not eligible for Medicare who retire on or after July 1, 2010, or the amount contributed by employers under subsection (3) of this section.
  2. Effective January 1, 2019, all employers who employ nonuniversity members shall make a contribution for each payroll  on behalf of their active employees who participate in the Teachers’ Retirement System in an amount equal to:
    1. Three percent (3%) of payroll of those active  employees. The contribution specified by this paragraph that is paid on or after January 1, 2019, shall be used to fund retiree health benefits; and
    2. Two percent (2%) of payroll for those members who participate in the hybrid cash balance plan as provided by KRS 161.235 . The amount of funding provided by this paragraph shall be used  to offset any additional costs paid under subsection (1)(b) of this section.
  3. In the event an annual appropriation for the amounts specified by subsection (1)(a)1. of this section is less than the amount of these requirements, the state shall make up the deficit in the next biennium budget appropriation to the retirement system. Employer contributions to the retirement system are for the exclusive purpose of providing benefits to members and annuitants and these contributions shall be considered deferred compensation to the members.

The amortization period shall be reset to a new thirty (30) year closed period beginning with the 2018 actuarial valuation.

HISTORY: 4507b-37; amend. Acts 1960, ch. 44, § 11; 1976, ch. 351, § 13, effective July 1, 1976; 1978, ch. 152, § 10, effective March 28, 1978; 1982, ch. 326, § 8, effective July 1, 1982; 1984, ch. 253, § 17, effective July 1, 1984; 1986, ch. 440, § 10, effective July 1, 1986; 1988, ch. 363, § 12, effective July 1, 1988; 1990, ch. 442, § 11, effective July 1, 1990; 1990, ch. 476, Pt. V, § 516, effective July 13, 1990; 1992, ch. 192, § 9, effective July 1, 1992; 1996, ch. 359, § 19, effective July 1, 1996; 1998, ch. 515, § 8, effective July 1, 1998; 2002, ch. 275, § 20, effective July 1, 2002; 2004, ch. 121, § 12, effective July 1, 2004; 2006, ch. 85, § 2, effective July 12, 2006; 2010, ch. 159, § 4, effective July 1, 2010; 2018 ch. 107, § 63, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

(7/13/90). In amending this section, 1990 House Bill 653, Acts Ch. 442, § 11, did not underline the year “1990” which was intended to be added after “July 1,” at the beginning of the section. As directed by KRS 446.270 , the Reviser of Statutes has deleted this material from the text of this statute. Section 20 of Acts Ch. 442 provides, however, that “the provisions of this Act shall become effective July 1, 1990.”

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

Research References and Practice Aids

Cross-References.

Actuary to recommend state contributions, KRS 161.400 .

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 29, (3) at 865.

161.553. Funding of past statutory benefit improvements — Schedules for appropriations — Cost-of-living increases — Feasibility study of employer contribution rate stabilization.

  1. The cost of providing statutory benefit improvements for annuitants may be funded by annual appropriations from the state on an actuarial amortized basis over the lifetime of the annuitants. The schedules in paragraphs (a), (b), and (c) of this subsection are the annual appropriations which shall be made by the state for benefit improvements approved in the respective fiscal years or bienniums prior to July 1, 2010:
    1. Cost-of-Living Allowance 2010-2011 Each Succeeding Fiscal Year 1994-1996 1996-1998 $4,459,000 1998-2000 $15,333,900 $15,333,900 through 2012-2013 and $7,938,600 in 2013-2014 2000-2002 $12,511,400 $12,511,400 through 2014-2015 and $7,227,700 in 2015-2016 2002-2004 $21,405,700 $21,405,700 through 2021-2022 and $11,204,100 in 2022-2023 2004-2006 $15,413,700 $15,413,700 through 2023-2024 and $7,421,400 in 2024-2025 2006-2008 $15,730,200 $15,730,200 through 2025-2026 and $7,104,600 in 2026-2027; (b) Minimum ValueAnnuities 2010-2011 Each Succeeding Fiscal Year 2002-2004 $3,375,900 $2,027,800 in 2017-2018; and (c) Sick LeaveAllowance 2010-2011 Each Succeeding Fiscal Year 1998-2000 $4,660,300 $4,660,300 through 2012-2013 and $2,425,900 in 2013-2014 2000-2002 $6,167,100 $6,167,100 through 2014-2015 and $3,579,100 in 2015-2016 2002-2004 $5,337,000 $5,337,000 through 2021-2022 and $3,022,800 in 2022-2023 2004-2006 $5,480,300 $5,480,300 through 2023-2024 and $2,558,700 in 2024-2025 2006-2008 $5,814,400 $5,814,400 through 2025-2026 and $3,499,200 in 2026-2027 2008-2010 $8,969,000 $8,969,000 through 2027-2028 and $6,281,300 in 2028-2029. 2010-2012 $6,516,600 $13,674,800 through 2029-2030 and $7,158,200 in 2030-2031
  2. The cost of providing the transitional funding for the state medical insurance fund stabilization contribution as provided by KRS 160.550(2) may be funded by annual appropriations from the state on an amortized basis. The schedule in this subsection is the annual appropriation which shall be made by the state in the respective fiscal years or biennium prior to July 1, 2010:

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Amortization of Transitional Funding 2010-2011 Each Succeeding Fiscal Year 2004-2006 $13,325,100 $13,325,100 through 2014-2015 and $9,075,500 in 2015-2016 $9,075,500 in 2015-2016 2006-2008 $28,487,400 $28,487,400 through 2016-2017 and $18,280,000 in 2017-2018 2008-2010 $36,554,100 $36,554,100 through 2018-2019 and $18,266,100 in 2019-2020 Amortization of Medical Subsidy 2010-2011 Each Succeeding Fiscal Year 2008-2010 $2,574,100 $2,574,100 through 2018-2019 and $1,345,200 in 2019-2020

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The present values of providing statutory cost-of-living increases for annuitants not included in subsection (1) of this section are to be assigned to the unfunded obligations of the retirement system and are identified as follows:

1986-1988 $34,689,893 1990-1992 $68,107,473 1992-1994 $15,749,976

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History. Enact. Acts 1992, ch. 192, § 13, effective July 1, 1992; 1994, ch. 369, § 15, effective July 1, 1994; 1996, ch. 359, § 10, effective July 1, 1996; 1998, ch. 515, § 9, effective July 1, 1998; 2000, ch. 498, § 14, effective July 1, 2000; 2002, ch. 275, § 21, effective July 1, 2002; 2004, ch. 121, § 13, effective July 1, 2004; 2006, ch. 189, § 1, effective July 1, 2006; 2008, ch. 78, § 11, effective July 1, 2008; 2010, ch. 164, § 7, effective July 1, 2010.

Legislative Research Commission Note.

(7/12/2006). When this statute was amended in 2006 Ky. Acts ch. 189, sec. 1, the phrase “$3,968,300 in 2022-2023” was inadvertently omitted from subsection (1)(c). This phrase was part of the existing language of the statute at the time of the amendment, and the Reviser of Statutes has restored the omitted material in accordance with KRS 446.280 .

161.555. Employer contributions for members employed in positions established under federal educational acts.

Each employer employing members of the Teachers’ Retirement System in positions established under educational acts adopted by the federal Congress shall contribute to the Teachers’ Retirement System an amount equal to that contributed by the members of that employer plus an additional two and forty-five hundredths percent (2.45%) for fiscal years 2003 and 2004. Beginning fiscal year 2005 and each year thereafter, each employer shall contribute an amount equal to the employer contribution provided under KRS 161.550 .

History. Enact. Acts 1966, ch. 16, § 8; 1974, ch. 395, § 13, effective July 1, 1974; 1988, ch. 363, § 19, effective July 1, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 517, effective July 13, 1990; 1994, ch. 369, § 23, effective July 1, 1994; 2002, ch. 275, § 22, effective July 1, 2002.

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 16, § 8; 1974, ch. 395, § 13, effective July 1, 1974; 1988, ch. 363, § 19, effective July 1, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 517, effective July 13, 1990.

161.556. Employer contributions for members employed by regional educational cooperatives.

Each regional educational cooperative referred to in KRS 161.220(4)(e) employing members of the Teachers’ Retirement System shall have the employer contributions provided in the same manner as for members employed by local boards of education.

History. Enact. Acts 1994, ch. 369, § 14, effective July 1, 1994.

161.560. Deduction and forwarding of teachers’ contributions — Picked-up employee contributions — Correction of omitted member contributions.

  1. Each agency employing members of the retirement system shall deduct from the compensation of each member for each payroll period subsequent to the date the individual became a member, the percentage of his compensation due under the rates prescribed in KRS 161.540 . No later than fifteen (15) days following the end of each payroll period, the agency shall forward all amounts deducted to the Teachers’ Retirement System. The retirement system shall charge the employing agency interest at an annual rate not to exceed twelve percent (12%) for deductions not remitted within the specified fifteen (15) days. Payroll reports, contributions lists, and other data required by administrative regulation of the board of trustees shall be submitted. Employers shall submit an annual report, in compliance with requirements of the retirement system, of member contributions and periods employed to the retirement system no later than August 1 following the completion of each fiscal year. The retirement system may impose a penalty on the employer not to exceed one thousand dollars ($1,000) when the employer does not meet the August 1 reporting date. The deductions shall be made notwithstanding the fact that the salary as a result may be less than the minimum compensation provided by law. Every member shall be deemed to consent and agree to the deductions, and the deductions shall be considered as having been paid to the member. After August 1, 1982, member contributions shall be picked up by the agency pursuant to KRS 161.540 (2).
  2. If an employer fails to deduct the correct retirement contribution from a member’s compensation, the member may make the contribution that should have been deducted by the employer and receive retirement credit for the payment. For correction of omitted member contributions that occur more than one (1) year after the year in which the error was made, the employer shall be responsible for paying interest to the retirement system at a rate of eight percent (8%) from the end of the year in which the service was performed to the date of payment.

History. 4506b-38; amend. Acts 1964, ch. 43, § 12; 1982, ch. 166, § 13, effective July 15, 1982; 1984, ch. 253, § 18, effective July 1, 1984; 1984, ch. 302, § 6, effective July 13, 1984; 1988, ch. 363, § 13, effective July 1, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 518, effective July 13, 1990; 1996, ch. 359, § 11, effective July 1, 1996; 2002, ch. 275, § 23, effective July 1, 2002.

Compiler’s Notes.

This section (4506b-38; amend. Acts 1964, ch. 43, § 12; 1982, ch. 166, § 13, effective July 15, 1982; 1984, ch. 253, § 18, effective July 1, 1984; 1984, ch. 302, § 6, effective July 13, 1984; 1988, ch. 363, § 13, effective July 1, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 518, effective July 13, 1990.

Opinions of Attorney General.

ROTC teachers who hold regular teacher’s certification are eligible for membership in the Kentucky Teachers’ Retirement System and their employing school district is required to deduct from their salary the membership dues as provided by this section. OAG 74-387 (opinion prior to 1990 repeal. and reenact.).

KRS 161.540(2) and this section, which are clear and unequivocal on their face, require an interpretation which would foreclose any direct payment by a local board of education to the Kentucky Teachers’ Retirement System (KTRS) of a portion of the employee’s contributions to the retirement system; however, these sections would not exclude any arrangement whereby a local board of education would reimburse its employees for a portion of the employee’s contributions into the retirement system after the payroll deductions have already been made and credited to the KTRS. OAG 81-373 (opinion prior to 1990 repeal. and reenact.).

161.565. Reduction and pick-up of contributions by university faculty members.

Notwithstanding any other provisions of KRS Chapter 161, the contribution of university faculty members may be reduced by amounts up to two and two hundred fifteen thousandths percent (2.215%) if amounts sufficient to replace the reduction are authorized and contributed to the Teachers’ Retirement System by the board of regents of the employing university. After August 1, 1982, any contribution by a university faculty member shall be picked up by the employing university pursuant to KRS 161.540(2).

History. Enact. Acts 1980, ch. 79, § 1, effective July 1, 1980; 1982, ch. 166, § 33, effective July 15, 1982; 1984, ch. 253, § 19, effective July 1, 1984; 1984, ch. 302, § 7, effective July 13, 1984; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 519, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1980, ch. 79, § 1, effective July 1, 1980; 1982, ch. 166, § 33, effective July 15, 1982; 1984, ch. 253, § 19, effective July 1, 1984; 1984, ch. 302, § 7, effective July 13, 1984) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 519, effective July 13, 1990.

161.567. Authorization for optional retirement plan for designated employees of certain public universities.

  1. An optional retirement plan is hereby authorized for designated employees of public postsecondary education institutions who are also eligible for membership in the Kentucky Teachers’ Retirement System under KRS 161.220 (4)(b) and 161.470(1). The purpose of the optional retirement plan shall be to provide suitable retirement and death benefits, while affording the maximum portability of these benefits to the eligible employees as an alternative to membership in the retirement system. Benefits shall be provided by the purchase of annuity contracts, mutual fund accounts, or similar investment products, or a combination thereof, collectively referred to as contracts or annuity contracts, at the option of the participant and offered by the selected provider for plans established under Section 403(b) of the Internal Revenue Code. The specific provisions of provider contracts with respect to the benefits payable to members and their beneficiaries shall prevail over specific provisions relating to the same subjects found in KRS 161.220 to 161.716 , other than this section.
  2. The boards of regents of those institutions identified in KRS 161.220(4)(b) shall select no less than two (2) but no more than four (4) companies from which to purchase contracts under the optional retirement plan. As criteria for this selection, the boards of regents shall consider, among other things, and as appropriate for the type of contract provider, the following:
    1. The portability of the contracts offered or to be offered by a company, based on the number of states in which the company provides contracts under similar plans;
    2. The efficacy of the contracts in the recruitment and retention of employees for the various state public postsecondary education institutions;
    3. The nature and extent of the rights and benefits to be provided by the contracts for participating employees and their beneficiaries;
    4. The relation of the rights and benefits to the amount of contributions required;
    5. The suitability of the rights and benefits to the needs and interests of eligible employees and the various state public postsecondary education institutions; and
    6. The ability of the designated companies to provide the rights and benefits under those contracts.

History. Enact. Acts 1994, ch. 290, § 1, effective July 15, 1994; 1996, ch. 253, § 1, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 69, effective May 30, 1997; 2008, ch. 78, § 25, effective July 1, 2008.

161.568. Eligibility to participate in optional retirement plan — Election to change from optional retirement plan to Kentucky Teachers’ Retirement System. [Declared void — See LRC Note Below]

  1. Eligibility to participate in the optional retirement plan shall be determined by the board of regents of each of the state public postsecondary education institutions identified in KRS 161.220(4)(b). The employees of these institutions of higher education who are initially employed on or after the implementation date of the optional retirement plan may make an election to participate in the optional retirement plan within thirty (30) days after their employment date. This election shall be irrevocable except as otherwise provided in this subsection. No member of the Kentucky Teachers’ Retirement System who terminates employment and is subsequently reemployed by the same or another public postsecondary education institution which participates in the Kentucky Teachers’ Retirement System may be eligible to elect to participate in the optional retirement plan unless the date of reemployment is at least six (6) months after the date of termination. All elections made under this subsection shall be in writing and shall be filed with the appropriate officer of the employer institution. Persons who originally elected to participate in the optional retirement plan may later change their elections only as follows:
    1. Any person otherwise eligible for membership in the Kentucky Teachers’ Retirement System may irrevocably elect one (1) time during his or her lifetime to change his or her election and to prospectively participate in the Kentucky Teachers’ Retirement System. This election to change from the optional retirement plan to Kentucky Teachers’ Retirement System shall be effective beginning on the first day of the first month immediately following the date that written application for the election is received in the retirement system’s office on forms prescribed by the system. Any person exercising this election shall not be entitled to purchase as service credit in the Kentucky Teachers’ Retirement System any prior service with his or her postsecondary education institution employer;
    2. Any person otherwise eligible for membership in the Kentucky Teachers’ Retirement System who previously elected to participate in the optional retirement plan may irrevocably elect one (1) time within his or her first six (6) years and six (6) months of continuous service in any one (1) or more of the institutions identified in KRS 161.220(4)(b), to change his or her election and to prospectively participate in the Kentucky Teachers’ Retirement System and also become eligible to purchase as service credit his or her prior service with his or her postsecondary education employer. This election to change from the optional retirement plan to the Kentucky Teachers’ Retirement System shall be effective beginning on the first day of the first month immediately following the date that written application for the election is received in the retirement system’s office on forms prescribed by the retirement system. Persons electing to change from the optional retirement plan to the Kentucky Teachers’ Retirement System may purchase service credit only for their prior years of service for a postsecondary education institution identified in KRS 161.220(4)(b) during which they participated in the optional retirement plan. The election to purchase prior service as service credit shall be received in the retirement system’s office on forms prescribed by the retirement system within the six (6) year and six (6) month period provided to make the election to begin participation in the Kentucky Teachers’ Retirement System. The cost of purchasing this service shall be calculated by adding both the employer and member contributions that would have been paid to the Kentucky Teachers’ Retirement System had the individual purchasing this service participated in the Kentucky Teachers’ Retirement System instead of the optional retirement plan, less the amount contributed to the Kentucky Teachers’ Retirement System by the postsecondary education institution as provided by KRS 161.569(5), or KRS 161.569(5)(a)2. as it existed on June 30, 2007. Interest at Kentucky Teachers’ Retirement System’s actuarially assumed rate shall be paid on these net contributions by the person electing to change to the Kentucky Teachers’ Retirement System from the optional retirement plan. These payments shall not be picked up as described in KRS 161.540(2). Persons who elect to change from the optional retirement plan to the Kentucky Teachers’ Retirement System may elect to purchase as service credit, beginning with the most recent years, any portion of their prior years of service during which time they participated in the optional retirement plan, or none of those years. Members may purchase service credit for prior years of service by rolling over funds from their optional retirement plan account as provided under KRS 161.5461 , or by rolling over or transferring other plan funds as permitted by the rules set forth in the Internal Revenue Code, or by making an after-tax lump-sum cash payment. This paragraph does not apply to individuals who become members on or after January 1, 2019;
    3. Effective July 1, 2008, persons otherwise eligible for membership in the Kentucky Teachers’ Retirement System may irrevocably elect one (1) time to change their election and to prospectively participate in the Kentucky Teachers’ Retirement System and purchase service credit for their prior years of service during which they participated in the optional retirement plan. This election shall be filed in writing with the Kentucky Teachers’ Retirement System no later than December 31, 2008. Persons who change their election prior to July 1, 2008, to prospectively participate in the Kentucky Teachers’ Retirement System may purchase service credit for their prior years of service during which they participated in the optional retirement plan. The purchase of prior years of service under this paragraph shall be subject to the same conditions and purchase costs as described in paragraph (b) of this subsection, except that the election to purchase service credit shall be on file with the Kentucky Teachers’ Retirement System no later than December 31, 2008. This paragraph does not apply to individuals who become members on or after January 1, 2019; and
    4. Persons electing to change to the Kentucky Teachers’ Retirement System under paragraphs (a), (b), and (c) of this subsection shall be eligible to participate, based upon their age and allowable service credit, in the disability, survivorship, and medical insurance programs under the conditions and in the degree as they exist on the date that they file their election with the retirement system, but shall be subject to any changes to those programs from that date forward, including any changes that may affect their eligibility for or degree of participation in those programs. Prior service purchased as service credit as permitted under paragraphs (b) and (c) of this subsection shall not be considered for meeting eligibility requirements or determining the extent of participation in these programs. Persons electing to change to the Kentucky Teachers’ Retirement System shall not be eligible for the survivorship or disability programs based upon medical conditions that existed prior to the filing of their elections.
  2. Elections of eligible employees hired on or after the implementation date of the optional retirement plan at their employer institution shall be effective on the date of their employment. If an eligible employee hired subsequent to the implementation date at the employer institution fails to make the election provided for in this section, the employee shall become a member of the regular retirement plan of the Kentucky Teachers’ Retirement System.

HISTORY: Enact. Acts 1994, ch. 290, § 2, effective July 15, 1994; 1996, ch. 253, § 2, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 70, effective May 30, 1997; 2004, ch. 121, § 25, effective July 1, 2004; 2008, ch. 11, § 2, effective April 7, 2008; 2018 ch. 107, § 64, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

161.569. Effect of election to participate — Payment of benefits — Taxation and attachment of benefits — Employer contributions.

  1. Any person electing to participate in the optional retirement plan shall be ineligible for membership in the regular retirement plan of the Kentucky Teachers’ Retirement System for as long as the participant is employed in a position for which the optional retirement plan is available, except as provided in KRS 161.568(1).
  2. Any person electing to participate in the optional retirement plan shall acknowledge in writing that the benefits payable to participants are not the obligation of the Commonwealth of Kentucky or the Kentucky Teachers’ Retirement System, and that these benefits and other rights of the optional retirement plan are the liability and responsibility solely of the designated companies to which contributions have been made.
  3. Benefits shall be payable to optional retirement plan participants or their beneficiaries by the designated companies in accordance with the contracts issued by each company and the retirement plan provisions adopted by each public institution.
  4. Annuity contracts issued under the optional retirement plan and all rights of a participant in the optional retirement plan shall be exempt from any state, local, or municipal tax; assessment for the insolvency of any life, health, or casualty insurance company; any levy or sale, garnishment, or attachment; or any process whatsoever, and shall be unassignable except as otherwise specifically provided by the contracts offered under the optional retirement plan adopted by the respective public institutions of higher education. Except contracts issued and rights accrued in the optional retirement plan on or after January 1, 1998, shall be subject to the tax imposed by KRS 141.020 , to the extent provided in KRS 141.010 and 141.0215 .
  5. Each institution shall contribute for each payroll period of each fiscal year to the Kentucky Teachers’ Retirement System, an amount equal to five and one-tenth percent (5.1%) of the total salaries of all persons who elect or elected to participate in the optional retirement plan instead of the Kentucky Teachers’ Retirement System. This payment shall continue to be made until June 30, 2018. No contributions shall be payable on or after July 1, 2018, to the Kentucky Teachers’ Retirement System for all persons who elect or elected to participate in the optional retirement plan instead of the Kentucky Teachers’ Retirement System.

HISTORY: Enact. Acts 1994, ch. 290, § 3, effective July 15, 1994; 1995 (2nd Ex. Sess.), ch. 1, § 8, effective April 28, 1995; 1996, ch. 253, § 3, effective July 15, 1996; 2004, ch. 121, § 26, effective July 1, 2004; 2008, ch. 11, § 3, effective April 7, 2008; 2018 ch. 171, § 23, effective April 14, 2018; 2018 ch. 207, § 23, effective April 27, 2018.

Legislative Research Commission Notes.

(4/27/2018). This statute was amended by 2018 Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.

161.570. Reports by employing agency. [Repealed.]

Compiler’s Notes.

This section (4506b-38) was repealed by Acts 1964, ch. 43, § 23.

161.580. Individual accounts to be kept — Other data — Summary plan description — Publication — Recipients. [Declared void — See LRC Note Below]

  1. The board of trustees shall provide for the maintenance of an individual account for each member showing the amount of the member’s accumulated account balance. Such individual accounts shall be identified in the records of the system by name, date of birth, and Social Security number. It shall collect and keep in convenient form such data as is necessary for the preparation of the required mortality and service tables and for the compilation of such other information as is required for the actuarial valuation of the assets and liabilities of the various funds of the retirement system.
  2. The board shall prepare and furnish to all active contributing members a summary plan description, written in a manner calculated to be understood by the average member or annuitant, and sufficiently accurate and comprehensive to reasonably apprise them of their rights and obligations under the Teachers’ Retirement System. The board may furnish the summary plan description by posting it on the retirement system’s Web site.
  3. The summary plan description shall include:
    1. The name of the retirement system, the name and address of the executive secretary, and the name, address, and title of each member of the board of trustees;
    2. The name and address of the person designated for the service of legal process;
    3. The system’s requirements for participation and benefits;
    4. A description of retirement formulas for normal, early, and disability retirement, and survivor benefits;
    5. A description of the requirements for vesting of pension benefits;
    6. A list of circumstances which would result in disqualification, ineligibility, or denial or loss of benefits;
    7. The sources of financing retirement benefits, and statutory requirements for funding;
    8. A statement after each actuarial valuation as to whether funding requirements are being met; and
    9. The procedures to be followed in presenting claims for benefits under the plan, and the remedies available under the plan for the redress of claims which are denied in whole or in part.
  4. The board may publish the summary plan description in the form of a comprehensive pamphlet or booklet, or in the form of periodic newsletters which shall incorporate all the information required in the summary plan description within a period of two (2) years. Any changes in statutory requirements or administrative practices which alter the provisions of the plan as described in the summary plan description shall be summarized as required in subsection (2) of this section and furnished to active contributing members in the form of a supplement to a comprehensive booklet, or reported in the periodic newsletter.
  5. The board shall provide to annuitants so much of the summary plan description as they need to understand changes in benefits which apply to them.

HISTORY: 4506b-39; amend. Acts 1976, ch. 351, § 14, effective July 1, 1976; 1980, ch. 246, § 13, effective July 15, 1980; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 520, effective July 13, 1990; 2008, ch. 78, § 12, effective July 1, 2008; 2018 ch. 107, § 65, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

This section (4506b-39; amend. Acts 1976, ch. 351, § 14, effective July 1, 1976; 1980, ch. 246, § 13, effective July 15, 1980) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 520, effective July 13, 1990.

161.585. Account of member, and medical records on file, confidential — Production of records in response to a subpoena or court order. [Declared void — See LRC Note Below]

  1. Each member’s or annuitant’s account shall be administered in a confidential manner, and specific data regarding a member or annuitant shall not be released for publication, except that:
    1. The member or annuitant may authorize the release of his or her account information;
    2. The board of trustees may release member or annuitant account information to the employer or to other state and federal agencies as it deems necessary or in response to a lawful subpoena or order issued by a court of law; or
      1. Upon request by any person, the system shall release the following information from the accounts of any member or annuitant of the Kentucky Teachers’ Retirement System, if the member or annuitant is a current or former officeholder in the Kentucky General Assembly: (c) 1. Upon request by any person, the system shall release the following information from the accounts of any member or annuitant of the Kentucky Teachers’ Retirement System, if the member or annuitant is a current or former officeholder in the Kentucky General Assembly:
        1. The first and last name of the member or annuitant;
        2. The status of the member or annuitant, including but not limited to whether he or she is a contributing member, a member who is not contributing but has not retired, a retiree receiving a monthly retirement allowance, or a retiree who has returned to work following retirement with an agency participating in the system;
        3. If the individual is an annuitant, the monthly retirement allowance that he or she was receiving at the end of the most recently completed fiscal year;
        4. If the individual is a member who has not yet retired, the estimated monthly retirement allowance that he or she is eligible to receive on the first date he or she would be eligible for an unreduced retirement allowance, using his or her service credit, accumulated account balance, and final average salary at the end of the most recently completed fiscal year; and
        5. The current or last participating employer of the member or annuitant, if applicable.
      2. No information shall be disclosed under this paragraph from an account that is paying benefits to a beneficiary due to the death of a member or annuitant.
  2. The release of information under subsection (1)(c) of this section shall not constitute a violation of the Open Records Act, KRS 61.870 to 61.884 .
  3. Medical records which are included in a member’s or annuitant’s file maintained by the Teachers’ Retirement System are confidential and shall not be released unless authorized by the member or annuitant in writing or as otherwise provided by law or in response to a lawful subpoena or order issued by a court of law.
    1. When a subpoena is served upon any employee of the Kentucky Teachers’ Retirement System requiring the production of any data, information, or records, it is sufficient if the employee of the Kentucky Teachers’ Retirement System charged with the responsibility of being custodian of the original, or his or her designated staff, delivers within five (5) working days by certified mail or by personal delivery to the person specified in the subpoena either of the following: (4) (a) When a subpoena is served upon any employee of the Kentucky Teachers’ Retirement System requiring the production of any data, information, or records, it is sufficient if the employee of the Kentucky Teachers’ Retirement System charged with the responsibility of being custodian of the original, or his or her designated staff, delivers within five (5) working days by certified mail or by personal delivery to the person specified in the subpoena either of the following:
      1. Legible and durable copies of records certified by the employee or designated staff; or
      2. An affidavit stating the information required by the subpoena.
    2. The production of records or an affidavit shall be in lieu of any personal testimony of any employee of the Kentucky Teachers’ Retirement System unless, after the production of records or an affidavit, a separate subpoena is served upon the retirement system specifically directing the testimony of an employee of the retirement system. When a subpoena is served on any employee of the retirement system requiring the employee to give testimony or produce records for any purpose, in the absence of a court order requiring the testimony of or production of records by a specific employee, the system may designate an employee to give testimony or produce records upon the matter referred to in the subpoena. The board of trustees may promulgate an administrative regulation for the recovery of reasonable travel and administrative expenses for those occasions when an employee of the retirement system is required to travel from his or her home or office to provide testimony or records. Recoverable expenses may include the wages, salary, and overtime paid to the employee by the retirement system for the period of time that the employee is away from the office. The cost of these expenses shall be borne by the party issuing the subpoena compelling the employee’s travel. The board of trustees may also promulgate an administrative regulation establishing a reasonable fee for the copying, compiling, and mailing of requested records.
    3. The certification required by this subsection shall be signed before a notary public by the employee and shall include the full name of the member or annuitant, the member or annuitant identification number assigned to the member or annuitant by the retirement system, and a legend substantially to the following effect: “The records are true and complete reproductions of the original, microfiched, or electronically stored records which are housed in the retirement system’s office. This certification is given in lieu of the undersigned’s personal appearance.”
    4. When an affidavit or copies of records are personally delivered, a receipt shall be presented to the person receiving the records for his or her signature and shall be immediately signed and returned to the person delivering the records. When an affidavit or copies of records are sent via certified mail, the receipt used by the postal authorities shall be sufficient to prove receipt of the affidavit or copies of records.
    5. When the affidavit or copies of records are delivered to a party for use in deposition they shall, after termination of the deposition, be delivered personally or by certified mail to the clerk of the court or other body before which the action or proceeding is pending.
    6. Upon completion of delivery by the retirement system of copies of records by their deposit in the mail or by their personal delivery to the requesting party, the retirement system shall cease to have any responsibility or liability for the records and their continued maintenance in a confidential manner.
    7. Records of the Kentucky Teachers’ Retirement System that are susceptible to reproduction may be proved as to foundation, identity, and authenticity without preliminary testimony, by use of legible and durable copies, certified in accordance with the provisions of this subsection.
    8. The provisions of this subsection shall not be construed to prohibit the Kentucky Teachers’ Retirement System from asserting any exemption, exception, or relief provided under the Kentucky Rules of Civil Procedure or other applicable law.
  4. For purposes of this section, “records” includes retirement estimates, affidavits, and other documents prepared by the Kentucky Teachers’ Retirement System in response to information requested in a lawful subpoena or order issued by a court of law.

HISTORY: Enact. Acts 1980, ch. 206, § 16, effective July 1, 1980; 1990, ch. 442, § 12, effective July 1, 1990; 1990, ch. 476, Pt. V, § 521, effective July 13, 1990; 2010, ch. 148, § 11, effective July 15, 2010; 2010, ch. 164, § 8, effective July 1, 2010; 2017 ch. 4, § 2, effective January 9, 2017; 2018 ch. 107, § 66, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

(7/1/2010). This section was amended by 2010 Ky. Acts chs. 148 and 164 which are in conflict in their use of the terms “documents” and “records” in this section. Pursuant to KRS 446.250 , Acts ch. 164 which was last enacted by the General Assembly prevails; however, four instances of the term “documents” in subsection (4)(b) of this section have been changed in codification to “records” in order to use the term consistently and in accordance with its meaning as set forth in subsection (1) of this section. This change was made by the Reviser of Statutes under the authority of KRS 7.136(1).

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

161.590. Service credit at retirement. [Declared void — See LRC Note Below]

  1. At retirement the total service credited to a teacher shall consist of prior and subsequent service rendered by him for which service credit has been allowed.
  2. Kentucky service, presented at the time of retirement, may not be used in calculating benefits under KRS 161.235 , 161.525 , 161.620 , or 161.661 , if such service has been used to increase benefits in another retirement system, not including Old Age and Survivors Insurance Benefits under the Social Security Administration.
  3. No service credit shall be added to a member’s account after the effective date of retirement for service.

HISTORY: 4506b-40; amend. Acts 1962, ch. 64, § 11; 1974, ch. 395, § 14, effective July 1, 1974; 1978, ch. 152, § 11, effective March 28, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 522, effective July 13, 1990; 2018 ch. 107, § 67, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

This section (4506b-40; amend. Acts 1962, ch. 64, § 11; 1974, ch. 395, § 14, effective July 1, 1974; 1978, ch. 152, § 11, effective March 28, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 522, effective July 13, 1990.

161.595. Service credit of individual who became member before January 1, 2019. [Declared void — See LRC Note Below]

  1. Upon service retirement, an individual who becomes a member of the Teachers’ Retirement System prior to January 1, 2019, may obtain credit for all or any part of the service otherwise creditable under the Kentucky Employees Retirement System, the County Employees Retirement System, or in the service of the United States government for which service credit is not otherwise given, upon the payment by the member of the full actuarial cost of the service credit purchased as defined in KRS 161.220(22). Such payments shall not be picked up, as described in KRS 161.540(2).
  2. The amount paid under this section shall be considered as accumulated contributions of the individual member.
  3. No person shall be allowed credit for the same period of service in more than one (1) of these three (3) retirement systems.

HISTORY: Enact. Acts 1962, ch. 107, §§ 3 to 5; 1980, ch. 206, § 7, effective July 1, 1980; 1982, ch. 166, § 34, effective July 15, 1982; 1982, ch. 414, § 3, effective July 15, 1982; 1984, ch. 253, § 20, effective July 1, 1984; 1984, ch. 302, § 8, effective July 13, 1984; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 523, effective July 13, 1990; 2000, ch. 498, § 15, effective July 1, 2000; 2018 ch. 107, § 68, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

This section (Enact. Acts 1962, ch. 107, §§ 3 to 5; 1980, ch. 206, § 7, effective July 1, 1980; 1982, ch. 166, § 34, effective July 15, 1982; 1982, ch. 414, § 3, effective July 15, 1982; 1984, ch. 253, § 20, effective July 1, 1984; 1984, ch. 302, § 8, effective July 13, 1984) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 523, effective July 13, 1990.

161.597. Installment payments for purchase of service credit by active contributing members.

  1. A member in active contributing status may purchase any service credit which the member is authorized to purchase by making installment payments in lieu of a lump-sum payment.
  2. To initiate an installment payment plan, a member shall make a written request to the retirement system for an estimate to purchase service credit by making installment payments.
  3. To qualify for installment payments, the total cost of the service purchase, including any chargeable interest, shall exceed one thousand dollars ($1,000).
  4. Installment payments shall be at least fifty dollars ($50) per month and shall be made for a period of time which is not less than twelve (12) months nor more than sixty (60) months. Interest at eight percent (8%) per annum, unless the board specifies in an administrative regulation a different interest rate, shall be charged on all installment payment purchases of service credit that are purchasable at less than full actuarial cost.
  5. Installment payments shall be made on a monthly basis by payroll deduction or electronic fund transfer and forwarded separately to the Teachers’ Retirement System on forms or by computer format not later than fifteen (15) days following the end of each month. The payments shall be considered accumulated contributions and shall not be picked up as provided in KRS 161.560 , except that subject to approval by the Internal Revenue Service and only as permitted by the Internal Revenue Code, installment payments by payroll deduction shall be made on a tax-deferred basis.
  6. A member may elect to terminate payroll deductions at any time and purchase the remaining service credit by lump-sum payment. A member on a leave of absence may make personal installment payments. Termination of employment in a covered position shall terminate installment payments. If the member is later employed by a different employer in a covered position, the member may request a new estimate and reinstate installment payments. A member that misses two (2) consecutive installment payments shall be in default. A member in default shall receive service credit on a pro rata basis for the total amount of contributions made by installment payments. A member in default may not reinstate installment payments for twelve (12) months from the date the member was in default.
  7. If a member dies before completing scheduled installment payments, the named beneficiary of the member’s retirement account may pay the remaining balance due by a lump-sum payment within thirty (30) days of the death of the member.

History. Enact. Acts 1996, ch. 359, § 1, effective July 1, 1996; 1998, ch. 515, § 10, effective July 1, 1998; 2004, ch. 121, § 14, effective July 1, 2004.

Opinions of Attorney General.

The payment for the purchase of service credits under the statute is not required to be only by lump sum payment; thus, members may pay for such service credits in installment payments pursuant to this section. OAG 99-7 .

161.600. Retirement conditions for individual who became member before January 1, 2019 — Consolidation of accounts — Applications and forms — Surviving spouse. [Declared void — See LRC Note Below]

  1. Effective July 1, 1988, a member of the retirement system may qualify for service retirement by meeting one (1) of the following requirements:
    1. Attainment of age sixty (60) years and completion of five (5) years of Kentucky service;
      1. For an individual who becomes a member before July 1, 2008, attainment of age fifty-five (55) years and completion of a minimum of five (5) years of Kentucky service with an actuarial reduction of the basic allowance of five percent (5%) for each year the member’s age is less than sixty (60) years or for each year the member’s years of Kentucky service credit is less than twenty-seven (27), whichever is the lesser number; and (b) 1. For an individual who becomes a member before July 1, 2008, attainment of age fifty-five (55) years and completion of a minimum of five (5) years of Kentucky service with an actuarial reduction of the basic allowance of five percent (5%) for each year the member’s age is less than sixty (60) years or for each year the member’s years of Kentucky service credit is less than twenty-seven (27), whichever is the lesser number; and
      2. For an individual who becomes a member on or after July 1, 2008, attainment of age fifty-five (55) years and completion of a minimum of ten (10) years of Kentucky service with an actuarial reduction of the basic retirement allowance of six percent (6%) for each year the member’s age is less than sixty (60) years or for each year the member’s years of Kentucky service credit is less than twenty-seven (27), whichever is the lesser number;
    2. Completion of twenty-seven (27) years of Kentucky service. Out-of-state service earned in accordance with the provisions of KRS 161.515(2) may be used to meet this requirement; or
    3. Completion of the necessary years of service under provisions of KRS 61.559(2)(c) if the member is retiring under the reciprocity provisions of KRS 61.680 . A member retiring under this paragraph who has not attained age fifty-five (55) shall incur an actuarial reduction of the basic allowance determined by the system’s actuary for each year the member’s service credit is less than twenty-seven (27).
  2. Any person who has been a member in Kentucky for twenty-seven (27) years or more and who withdraws from covered employment may continue to pay into the fund each year until the end of the fiscal year in which he reaches the age of sixty-five (65) years, the current contribution rate based on the annual compensation received during the member’s last full year in covered employment, less any payment received for accrued sick leave or accrued leave from an employer. The member shall be entitled to receive a retirement allowance as provided in KRS 161.620 at any time after withdrawing from covered employment and payment of contributions under this subsection. No member shall make contributions as provided for in this subsection if the member is at the same time making contributions to another retirement system in Kentucky supported wholly or in part by public funds.
  3. Service credit in the Kentucky Employees Retirement System, the State Police Retirement System, the Legislators’ Retirement Plan, the County Employees Retirement System, or the Judicial Retirement System may be used in meeting the service requirements of subsection (1)(a), (b), and (c) of this section, provided the service is subsequent to July 1, 1956.
  4. Upon death, disability, or service retirement, a member’s accounts under all state supported retirement systems shall be consolidated, as provided by this section and by KRS 61.680 , for the purpose of determining eligibility and amount of benefits, which shall include medical benefits. Upon determination of benefits, each system shall pay the applicable percentage of total benefits. The effective date of retirement under this subsection shall be determined by each retirement system for the portion of the payments that will be made.
  5. No retirement annuity shall be effective until written application and option election forms are filed with the retirement office in accordance with administrative regulations of the board of trustees. A member may withdraw his or her retirement application, postpone his or her effective retirement date, or change his or her retirement option if these elections are made no later than the fifteenth day of the month in which the member has made application for retirement.
  6. The surviving spouse of an active contributing member, if named as beneficiary of the member’s account, may purchase retirement credit that the member was eligible to purchase prior to the member’s death.
  7. Effective January 1, 2019, subsections (1) to (3) of this section do not apply to individuals who become members of the Teachers’ Retirement System on or after January 1, 2019. Individuals who become members of the Teachers’ Retirement System on or after January 1, 2019, shall receive the retirement benefits prescribed by KRS 161.235 .

HISTORY: 4506b-41; amend. Acts 1960, ch. 44, § 12; 1962, ch. 64, § 12; 1964, ch. 43, § 13; 1968, ch. 136, § 9; 1972, ch. 82, § 17; 1974, ch. 395, § 15; 1976, ch. 351, § 15, effective July 1, 1976; 1978, ch. 43, § 1, effective June 17, 1978; 1978, ch. 152, § 12, effective March 28, 1978; 1982, ch. 114, § 1, effective July 15, 1982; 1982, ch. 326, § 14, effective July 1, 1982; 1986, ch. 440, § 11, effective July 1, 1986; 1988, ch. 240, § 1, effective July 15, 1988; 1988, ch. 260, § 1, effective July 15, 1988; 1988, ch. 363, § 14, effective July 1, 1988; 1990, ch. 442, § 13, effective July 1, 1990; 1990, ch. 476, Pt. V, § 524, effective July 13, 1990; 1994, ch. 369, § 16, effective July 1, 1994; 1996, ch. 359, § 12, effective July 1, 1996; 2004, ch. 121, § 15, effective July 1, 2004; 2008, ch. 78, § 13, effective July 1, 2008; 2008 (1st Ex. Sess.), ch. 1, § 37, effective June 27, 2008; 2018 ch. 107, § 69, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

This section was amended by three 1988 Acts, part of which conflict and cannot be compiled together. Pursuant to KRS 446.250 , the later enactment prevails.

NOTES TO DECISIONS

1. Compulsory Retirement.

A regulation requiring compulsory retirement of teachers at age 65 does not conflict with this section since a teacher’s employment between age 65 and age 70, the statutory age for compulsory retirement, is discretionary with the board of education under KRS 161.720 . Belcher v. Gish, 555 S.W.2d 264, 1977 Ky. LEXIS 505 ( Ky. 1977 ) (decided under prior law).

Cited:

Watkins v. Oldham, 731 S.W.2d 829, 1987 Ky. App. LEXIS 503 (Ky. Ct. App. 1987).

Opinions of Attorney General.

That portion of a regulation that fixes the effective date of all applications for service retirement as of July 1 of the fiscal year succeeding the fiscal year in which the application was filed, is valid as an explanation and elaboration of the phrase “end of the current fiscal year” as used in this section, but so much of the regulation as authorizes the executive secretary to make exceptions is invalid. OAG 60-792 (decided under prior law).

There is no vested right in a pension system until the participant has become an actual beneficiary, and consequently, the General Assembly may change teachers’ retirement benefits except where the benefits have become vested through the member’s having met the conditions and having become an actual beneficiary; so that a teacher who retires after the effective date of the 1968 amendment to subsection (1) of this section with fewer than five years of Kentucky service will not be entitled to a pension but in lieu thereof will receive a refund of his accumulated employee contributions. OAG 68-316 (decided under prior law).

A teacher who taught in Kentucky prior to 1941 would fulfill the condition of subsection (2) of this section when her Kentucky service, either prior or subsequent, totaled five years, and when she reached the age of 70. She would of course have to teach subsequently to 1941 in order to receive credit for her prior service under KRS 161.510 (now repealed); however, she would not have to have five (5) years of subsequent service. OAG 70-822 (decided under prior law).

The mandatory retirement age for teachers is set at 70 by this section and this may not be changed by a regulation of the board of education. OAG 72-363 (decided under prior law).

There is no age limit requiring retirement of substitute teachers. OAG 73-847 (decided under prior law).

Seventy is the mandatory retirement age, but a teacher between ages 65 and 70 is on a limited contract and does not have a right to work until age 70 if the school board decides prior to May 15 any year after age 65 not to rehire. OAG 74-454 (decided under prior law).

Upon reaching the age of 65 a school administrator no longer has a continuing service contract but may be employed on a limited contract from year to year until reaching the age of 70, the mandatory retirement age provided by this section. OAG 75-2 (decided under prior law).

An individual may serve as a superintendent under contract pursuant to KRS 160.350 until the end of the school year in which the age of 70 is reached. OAG 79-213 (decided under prior law).

Generally, in order to qualify for retirement, a member of the retirement system must have completed 27 years of service, notwithstanding accumulation of sick leave. OAG 91-219 .

One time payments to teachers to induce retirement are constitutional under Ky. Const., § 3 as such payments are in consideration of public service. The key fact that makes these payments constitutional is the voluntary retirement of the teacher; such an act is a “present” service for which an emolument is paid, not a past service for which a gratuity is given. OAG 96-23 .

Research References and Practice Aids

Kentucky Law Journal.

Comments, Constitutional Limitations on Mandatory Teacher Retirement, 67 Ky. L.J. 253 (1978-1979).

161.603. Resumption of teaching by retired member — Waiver of annuity payments. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 43, § 19; 1972, ch. 82, § 18; 1976, ch. 351, § 16, effective July 1, 1976; 1978, ch. 152, § 13, effective March 28, 1978; 1990, ch. 442, § 14, effective July 1, 1990; 1990, ch. 476, Pt. V, § 525, effective July 13, 1990; 1992, ch. 192, § 10, effective July 14, 1992; 1996, ch. 359, § 13, effective July 1, 1996; 2002, ch. 275, § 24, effective July 1, 2002) was repealed by Acts 2008 (1st Ex. Sess.), ch. 1, § 42, effective June 27, 2008.

161.605. Resumption of employment by retired member — Continuation of retirement allowance — Individuals who retire and are reemployed on or after January 1, 2019 — Waiver of annuity — Nonteaching employment. [Declared void — See LRC Note Below]

Any member retired by reason of service may return to work in a position covered by the Kentucky Teachers’ Retirement System and continue to receive his or her retirement allowance under the following conditions:

  1. Any member who is retired with thirty (30) or more years of service may return to work in a full-time or a part-time position covered by the Kentucky Teachers’ Retirement System and earn up to a maximum of seventy-five percent (75%) of the member’s last annual compensation measured on a daily rate to be determined by the board of trustees. For purposes of determining whether the salary of a member returning to work is seventy-five percent (75%) or less of the member’s last annual compensation, all remuneration paid and benefits provided to the member, on an actual dollar or fair market value basis as determined by the retirement system, shall be considered. Members who were retired on or before June 30, 2002, shall be entitled to return to work under the provisions of this section as if they had retired with thirty (30) years of service. Nonqualified service credit purchased under the provisions of KRS 161.5465 or elsewhere with any state-administered retirement system shall not be used to meet the thirty (30) year requirement set forth in this subsection. Out-of-state teaching service provided in public schools for kindergarten through grade twelve (12) may count toward the thirty (30) year requirement set forth in this subsection even if it is not purchased as service credit, if the member obtains from his or her out-of-state employer certification of this service on forms prescribed by the retirement system;
  2. Any member who is retired with less than thirty (30) years of service after June 30, 2002, may return to work in a full-time or part-time position covered by the Kentucky Teachers’ Retirement System and earn up to a maximum of sixty-five percent (65%) of the member’s last annual compensation measured on a daily rate to be determined by the board of trustees. For purposes of determining whether the salary of a member returning to work is sixty-five percent (65%) or less of the member’s last annual compensation, all remuneration paid and benefits provided to the member, on an actual dollar or fair market value basis as determined by the retirement system, shall be considered;
  3. Reemployment of a retired member under subsection (1) or (2) of this section in a full-time teaching or nonteaching position in a local school district shall be permitted only if the employer certifies to the Kentucky Teachers’ Retirement System that there are no other qualified applicants available to fill the teaching or nonteaching position. The employer may use any source considered reliable including but not limited to data provided by the Education Professional Standards Board and the Department of Education to determine whether other qualified applicants are available to fill the teaching or nonteaching position. The Kentucky Board of Education shall promulgate administrative regulations to establish procedures to determine whether other qualified applicants are available to fill a teaching or nonteaching position and, if not, for filling the position with a retired member who will then be permitted to return to work in that position under subsection (1) or (2) of this section. The administrative regulations shall assure that a retired member shall not be hired in a teaching or nonteaching position by a local school district until the superintendent of the school district assures the Kentucky Teachers’ Retirement System that every reasonable effort has been made to recruit other qualified applicants for the position on an annual basis;
  4. Under this section, an employer may employ full-time a number of retired members not to exceed three percent (3%) of the membership actively employed full-time by that employer. The board of trustees may reduce this three percent (3%) cap upon recommendation of the retirement system’s actuary if a reduction is necessary to maintain the actuarial soundness of the retirement system. The board of trustees may increase the three percent (3%) cap upon a determination that an increase is warranted to help address a shortage in the number of available teachers and upon the determination of the retirement system’s actuary that the proposed cap increase allows the actuarial soundness of the retirement system to be maintained. For purposes of this subsection, “full-time” means the same as defined by KRS 161.220(21). A local school district may exceed the quota established by this subsection by making an annual written request to the Kentucky Department of Education which the department may approve on a year-by-year basis if the statewide quota has not been met. A district’s written request to exceed its quota shall be submitted no sooner than two (2) weeks after the start of the school year;
    1. Except as provided by subsection (10) of this section, a member returning to work in a full-time or part-time position under subsection (1) or (2) of this section will contribute to an account with the retirement system that will be administered independently from and with no reciprocal impact with the member’s original retirement account, or any other account from which the member is eligible to draw a retirement allowance. (5) (a) Except as provided by subsection (10) of this section, a member returning to work in a full-time or part-time position under subsection (1) or (2) of this section will contribute to an account with the retirement system that will be administered independently from and with no reciprocal impact with the member’s original retirement account, or any other account from which the member is eligible to draw a retirement allowance.
    2. Except as provided by subsection (10) of this section, a member returning to work under subsection (1) or (2) of this section shall make contributions to the retirement system at the rate provided under KRS 161.540 . The new account shall independently meet the five (5) year vesting requirement as well as all other conditions set forth in KRS 161.600(1) before any retirement allowance is payable from this account. The retirement allowance accruing under this new account shall be calculated pursuant to KRS 161.620(1)(b). This new account shall not entitle the member to a duplication of the benefits offered under KRS 161.620(7) or 161.675 , nor shall this new account provide the benefits offered by KRS 161.520 , 161.525 , 161.620(3), 161.655 , 161.661 , or 161.663 .
    3. A member returning to work under subsection (1) or (2) of this section shall waive his or her medical insurance with the Kentucky Teachers’ Retirement System during the period of reemployment and shall receive the medical insurance coverage that is generally provided by the member’s active employer to the other members of the retirement system that the active employer employs. If medical insurance coverage is not available from the employer, the Kentucky Teachers’ Retirement System may provide coverage for the member.
    4. A member returning to work under subsection (1) or (2) of this section shall not be eligible to purchase service credit for any service provided after the member’s effective date of retirement but prior to the date that the member returns to work. A member returning to work under subsection (1) or (2) of this section shall not be eligible to purchase service credit that the member would have otherwise been eligible to purchase prior to the member’s initial retirement.
    5. A member who returns to work under subsection (1) or (2) of this section, or in the event of the death of the member, the member’s estate or applicably designated beneficiary, shall be entitled, within ninety (90) days of the posting of the annual report submitted by the employer, to a refund of contributions as permitted and limited by KRS 161.470 ;
  5. The board of trustees may annually, on July 1, adjust the current daily rate of a member’s last annual compensation, for each full twelve (12) month period that has elapsed subsequent to the member earning his or her last annual compensation, by the percentage increase in the annual average of the consumer price index for all urban consumers for the calendar year preceding the adjustment as published by the Federal Bureau of Labor Statistics, not to exceed five percent (5%) annually. Each annual adjustment shall become part of the member’s daily rate base. Failure to comply with the salary limitations set forth in subsections (1) and (2) of this section as may be adjusted by this subsection shall result in a reduction of the member’s retirement allowance or any other benefit to which the member would otherwise be entitled on a dollar-for-dollar basis for each dollar that the member exceeds these salary limitations. Notwithstanding any other provision of law to the contrary, a member retiring from a local school district who returns to work for a local school district under subsection (1) or (2) of this section shall be entitled, without any reduction to his or her retirement allowance or any other retirement benefit, to earn a minimum amount equal to one hundred seventy dollars ($170) per day;
    1. A retired member returning to work under subsection (1) or (2) of this section shall have separated from service for a period of at least one (1) year if returning to work for the same employer on a full-time basis, and at least three (3) months if returning to work for a different employer on a full-time basis. A retired member returning to work under subsection (1) or (2) of this section on a part-time basis shall have separated from service for a period of at least three (3) months before returning to work for any employer. (7) (a) A retired member returning to work under subsection (1) or (2) of this section shall have separated from service for a period of at least one (1) year if returning to work for the same employer on a full-time basis, and at least three (3) months if returning to work for a different employer on a full-time basis. A retired member returning to work under subsection (1) or (2) of this section on a part-time basis shall have separated from service for a period of at least three (3) months before returning to work for any employer.
    2. As an alternative to the separation-from-service requirements in paragraph (a) of this subsection, a retired member who is returning to work for the same employer in a full-time position under subsections (1) and (2) of this section may elect a separation-from-service of not less than two (2) months followed by a forfeiture of the retired member’s retirement allowance on a month-to-month basis for each month that the member has separated from service for less than twelve (12) full months. A retired member returning to work for the same employer in a part-time position, or for a different employer in a full-time position, may elect an alternative separation-from-service requirement of at least two (2) months followed by a forfeiture of the member’s retirement allowance for one (1) month. During the period that the member forfeits his or her retirement allowance and thereafter, member and employer contributions shall be made to the retirement system as a result of employment in any position subject to membership in the retirement system. The member shall contribute to an account with the retirement system subject to the conditions set forth in subsection (5) of this section. For purposes of measuring the separation-from-service requirements set forth throughout this section, a member’s separation-from-service begins on the first day following the last day of paid employment for the member prior to retirement.
    3. Failure to comply with the separation-from-service requirements in this subsection voids a member’s retirement and the member shall be required to return all the retirement benefits he or she received, with interest, for the period of time that the member returned to work without a sufficient separation from service;
    1. Effective July 1, 2004, local school districts may employ retired members in full-time or part-time teaching or administrative positions without limitation on the compensation of the retired members that is otherwise required by subsections (1) and (2) of this section. Under provisions of this subsection, a local school district may only employ retired members to fill critical shortage positions for which there are no other qualified applicants as determined by the local superintendent. The number of retired members that a local school district may employ under this subsection shall be no more than two (2) members per local school district or one percent (1%) of the total active members employed by the local school district on a full-time basis as defined under KRS 161.220(21), whichever number is greater. Retired members returning to work under this subsection shall be subject to the separation-from-service requirements set forth in subsection (7) of this section. Retired members returning to work under this subsection shall waive their medical insurance coverage with the retirement system during their period of reemployment and receive medical insurance coverage that is offered to other full-time members employed by the local school district. Retired members returning to work under this subsection shall contribute to an account subject to the conditions set forth in subsection (5) of this section. Retired members returning to work under this subsection shall make contributions to the retirement system at the rate provided under KRS 161.540 . The employer shall make contributions at the rate provided under KRS 161.550 . Local school districts shall make annual payments to the retirement system on the compensation paid to the reemployed retirees at the rates determined by the retirement system’s actuary that reflect any accrued liability resulting from the reemployment of these members. (8) (a) Effective July 1, 2004, local school districts may employ retired members in full-time or part-time teaching or administrative positions without limitation on the compensation of the retired members that is otherwise required by subsections (1) and (2) of this section. Under provisions of this subsection, a local school district may only employ retired members to fill critical shortage positions for which there are no other qualified applicants as determined by the local superintendent. The number of retired members that a local school district may employ under this subsection shall be no more than two (2) members per local school district or one percent (1%) of the total active members employed by the local school district on a full-time basis as defined under KRS 161.220(21), whichever number is greater. Retired members returning to work under this subsection shall be subject to the separation-from-service requirements set forth in subsection (7) of this section. Retired members returning to work under this subsection shall waive their medical insurance coverage with the retirement system during their period of reemployment and receive medical insurance coverage that is offered to other full-time members employed by the local school district. Retired members returning to work under this subsection shall contribute to an account subject to the conditions set forth in subsection (5) of this section. Retired members returning to work under this subsection shall make contributions to the retirement system at the rate provided under KRS 161.540 . The employer shall make contributions at the rate provided under KRS 161.550 . Local school districts shall make annual payments to the retirement system on the compensation paid to the reemployed retirees at the rates determined by the retirement system’s actuary that reflect any accrued liability resulting from the reemployment of these members.
    2. The Department of Education may employ retired members in full-time or part-time teaching or nonteaching positions without the limitations on compensation otherwise required by subsections (1) and (2) of this section to fill critical shortage areas in the schools it operates, including the Kentucky School for the Blind, the Kentucky School for the Deaf, and the Kentucky Virtual High School, and to serve on audit teams. The department shall be subject to the same requirements as local school districts as provided in paragraph (a) of this subsection, except the Kentucky Teachers’ Retirement System shall determine the maximum number of employees that may be employed under this paragraph;
  6. The return to work limitations set forth in this section shall apply to retired members who are returning to work in the same position from which they retired, or a position substantially similar to the one from which they retired, or a position described in KRS 161.046 or any position listed in KRS 161.220(4) which requires membership in the retirement system. Positions which generally require certification or graduation from a four (4) year college or university as a condition of employment which are created, or changed to remove the position from coverage under KRS 161.220(4) are also subject to the return to work limitations set forth in this section. The board of trustees shall determine whether employment in a nonteaching position is subject to this subsection;
    1. Notwithstanding the provisions of this section, individuals who retire and begin drawing a retirement allowance from one (1) or more of the systems or plans administered by the Kentucky Retirement Systems, the Teachers’ Retirement System, or the Judicial Form Retirement System on or after January 1, 2019, who are reemployed on or after January 1, 2019, with an employer participating in the Teachers’ Retirement System shall not be eligible to contribute to or earn benefits in a second retirement account during the period of reemployment. Employers shall be required to pay the employer normal cost for pension benefits established by KRS 161.550 for any period of full-time reemployment to help pay down the unfunded liability of the Teachers’ Retirement System pension fund. (10) (a) Notwithstanding the provisions of this section, individuals who retire and begin drawing a retirement allowance from one (1) or more of the systems or plans administered by the Kentucky Retirement Systems, the Teachers’ Retirement System, or the Judicial Form Retirement System on or after January 1, 2019, who are reemployed on or after January 1, 2019, with an employer participating in the Teachers’ Retirement System shall not be eligible to contribute to or earn benefits in a second retirement account during the period of reemployment. Employers shall be required to pay the employer normal cost for pension benefits established by KRS 161.550 for any period of full-time reemployment to help pay down the unfunded liability of the Teachers’ Retirement System pension fund.
    2. The provisions of subsections (1) to (8) of this section are not subject to KRS 161.714 ;
  7. Any member retired by reason of service may waive his or her annuity and return to full-time employment in a position covered by the Kentucky Teachers’ Retirement System under the following conditions:
    1. The member shall receive no annuity payments while employed in a covered position, shall waive his or her medical insurance coverage with the Kentucky Teachers’ Retirement System during the period of reemployment, and shall receive the medical insurance coverage that is generally offered by the member’s active employer to the other members of the retirement system employed by the active employer. The member’s estate or, if there is a beneficiary applicably designated by the member, then the beneficiary, shall continue to be eligible for life insurance benefits as provided in KRS 161.655 . Service subsequent to retirement shall not be used to improve an annuity, except as provided in paragraphs (b) and (c) of this subsection;
    2. Any member who waives regular annuity benefits and returns to teaching or covered employment shall be entitled to make contributions on the salaries received for this service and have his retirement annuity recalculated as provided in the regular retirement formula in KRS 161.620(1), less any applicable actuarial discount applied to the original retirement allowance due to the election of a joint and last survivor option. Retirement option and beneficiary designation on original retirement shall not be altered by postretirement employment, and dependents and spouses of the members shall not become eligible for benefits under KRS 161.520 , 161.525 , or 161.661 because of postretirement employment;
    3. When a member returns to full-time teaching or covered employment as provided in subsection (b) of this section, the employer is required to withhold and remit regular retirement contributions. The member must be employed full-time for at least one (1) consecutive contract year to be eligible to improve an annuity. The member shall be returned to the annuity rolls on July 1 following completion of the contract year or on the first day of the month following the month of termination of service if full-time employment exceeds one (1) consecutive contract year. Any discounts applied at the time of the original retirement due to service or age may be reduced or eliminated due to additional employment if full-time employment is for one (1) consecutive contract year or longer; and
    4. A member retired by reason of service who has been employed the equivalent of twenty-five (25) days or more during a school year under KRS 161.605 may waive the member’s retirement annuity and return to regular employment covered by the Kentucky Teachers’ Retirement System during that school year a maximum of one (1) time during any five (5) year period, beginning with that school year;
  8. Retired members may be employed in a part-time teaching capacity by an agency described in KRS 161.220(4)(b) or (n), not to exceed the equivalent of twelve (12) teaching hours in any one (1) fiscal year. Retired members may be employed for a period not to exceed the equivalent of one hundred (100) days in any one (1) fiscal year in a part-time administrative or nonteaching capacity by an agency described in KRS 161.220(4)(b) or (n) in a position that would otherwise be covered by the retirement system. The return to work provisions set forth in subsections (1) to (8) of this section shall not apply to retired members who return to work solely for an agency described in KRS 161.220(4)(b) or (n). Calculation of the number of days and teaching hours for part-time teaching, substitute teaching, or part-time employment in a nonteaching capacity under this section shall not exceed the ratio between a school year and the actual months of retirement for the member during that school year. The board of trustees by administrative regulation may establish fractional equivalents of a day of teaching service. Any member who exceeds the twelve (12) hour or one hundred (100) day limitations of this subsection shall be subject to having his or her retirement voided and be required to return all retirement allowances and other benefits paid to the member or on the member’s behalf since the effective date of retirement. In lieu of voiding a member’s retirement, the system may reduce the member’s retirement allowance or any other benefit to which the member would otherwise be entitled on a dollar-for-dollar basis for each dollar of compensation that the member earns in employment exceeding twelve (12) hours, one hundred (100) days, or any apportionment of the two (2) combined;
  9. When a retired member returns to employment in a part-time teaching capacity or in a nonteaching capacity as provided in subsection (12) of this section, the employer shall contribute annually to the retirement system on the compensation paid to the retired member at rates determined by the retirement system actuary that reflect accrued liability for retired members who return to work under subsection (12) of this section; and
  10. For retired members who return to work during any one (1) fiscal year in both a position described in KRS 161.220(4)(b) or (n) and in a position described under another provision under KRS 161.220(4), and for retired members who return to work in a position described under KRS 161.220(4)(b) or (n) in both a teaching and an administrative or nonteaching capacity, the board of trustees shall adopt a methodology for a pro rata apportionment of days and hours that the retired member may work in each position.

HISTORY: Enact. Acts 1952, ch. 226; 1958, ch. 10; 1964, ch. 43, § 14; 1972, ch. 82, § 19; 1980, ch. 102, § 1, effective July 15, 1980; 1990, ch. 442, § 15, effective July 1, 1990; 1990, ch. 476, Pt. V, § 526, effective July 13, 1990; 1992, ch. 192, § 11, effective July 1, 1992; 1996, ch. 359, § 14, effective July 1, 1996; 1998, ch. 515, § 11, effective July 1, 1998; 2000, ch. 477, § 2, effective July 14, 2000; 2000, ch. 498, § 16, effective July 1, 2000; 2002, ch. 275, § 25, effective July 1, 2002; 2004, ch. 121, § 16, effective July 1, 2004; 2008, ch. 78, § 14, effective July 1, 2008; 2008 (1st Ex. Sess.), ch. 1, § 38, effective June 27, 2008; 2010, ch. 164, § 9, effective July 1, 2010; 2018 ch. 107, § 70, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

(7/1/2004). In subsection (13) of this statute, two references to “subsection (11) of this section” have been changed to read “subsection (12) of this section.” When the statute was amended in 2004 Ky. Acts ch. 121, sec. 16, the subsections were renumbered, but the references to subsection (11) were not changed to conform. The Reviser of Statutes has made the conforming change under authority of KRS 7.136 .

(7/1/2004). 2004 Ky. Acts ch. 121, sec. 27, provides that “The provisions of subsection (8) of Section 16 of this Act [KRS 161.605 ] supersede the provisions relating to critical shortage positions set forth in 2003 Kentucky Acts ch. 156, sec. 1 [Executive Branch Budget Bill].”

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

Opinions of Attorney General.

A “substitute” teacher is one who temporarily substitutes to teach for another regularly employed teacher who is temporarily absent from her work. OAG 64-288 .

There is no age limit requiring retirement of substitute teachers. OAG 73-847 .

161.607. Employment in position covered by other Kentucky retirement system.

  1. Any member of the Teachers’ Retirement System who enters employment covered by the Kentucky Employees Retirement System, the State Police Retirement System, or the County Employees Retirement System, prior to July 1, 1976, may retain membership in the Teachers’ Retirement System instead of joining the new system.
  2. Retention of membership in the Teachers’ Retirement System by any member of the General Assembly who upon election is a contributing member of the Teachers’ Retirement System shall be effected by conforming with KRS 61.680(4)(c). Members of the General Assembly who retain membership shall make retirement contributions based upon their annual compensation as defined under KRS 161.220 or on their creditable compensation as defined under KRS 61.510 , whichever is the larger amount. Service as a member of the General Assembly may be used to meet the service requirements of KRS 61.680(2)(a) regardless of the system to which contributions are made by the member.
  3. Any member of the Teachers’ Retirement System entering employment as described in subsection (1) of this section must exercise the option within ninety (90) days of the beginning of such employment.
  4. Persons who enter service covered by the Teachers’ Retirement System prior to July 1, 1976, and who hold membership in a Kentucky retirement system financed in whole or part with public funds may retain membership in that system providing the statutes and regulations governing said system make continued membership possible.
  5. Any person who has elected an option provided in this section may cancel such election and gain membership in the system which normally covers the position in which currently employed, provided that such cancellation of option election must be completed prior to January 1, 1977.

History. Enact. Acts 1964, ch. 43, § 21; 1968, ch. 136, § 10; 1976, ch. 351, § 17, effective July 1, 1976; 1980, ch. 206, § 8, effective July 1, 1980; 1982, ch. 458, § 6, effective April 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 527, effective July 13, 1990; 2000, ch. 498, § 17, effective July 1, 2000.

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 43, § 21; 1968, ch. 136, § 10; 1976, ch. 351, § 17, effective July 1, 1976; 1980, ch. 206, § 8, effective July 1, 1980; 1982, ch. 458, § 6, effective April 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 527, effective July 13, 1990.

Opinions of Attorney General.

Persons who are covered by any one of the three publicly financed Kentucky retirement systems can maintain their coverage in the system of their choice provided they are qualified when they change jobs. While the statutes do not specifically prohibit a subsequent change after an election has been made, neither do they give a covered employee the unqualified right to make such a change. However, in the absence of a specific provision prohibiting subsequent change after an election, and in view of the broad authorization for reciprocal arrangements, we believe the statutes would permit the various retirement systems to authorize a subsequent change, provided appropriate regulations are promulated. OAG 69-501 .

There is no statutory right for an employee who has made an election to remain in one of the three publicly financed Kentucky retirement systems to have his account frozen in that system and be treated as a new employee by the agency which has been employing him. Such procedure could not be permitted without appropriate reciprocal regulations by the retirement systems involved. OAG 69-501 .

The term “employment covered by the Kentucky employees retirement system” in this section embraces the term “service” as defined in KRS 61.510(9) and as referred to in KRS 61.595 so that an employee of the Kentucky Department of Agriculture for the three years immediately preceding July 1, 1956, when there was no Kentucky Employees Retirement System in existence, would still be entitled to purchase credit in the Teachers’ Retirement System for the three years in question pursuant to the option contained in this section. OAG 73-749 .

Any employee of the Kentucky Authority for Educational Television currently a member of the Kentucky Employees Retirement System who, because of KRS 161.220(4), may be qualified to participate in the teachers’ retirement system has the option of joining the teachers’ retirement system as provided by subsection (3) (now subsection (4)) of this section or retaining membership in Kentucky Employees Retirement System as provided by KRS 61.680 . OAG 74-305 .

In the present situation, the language of subsection (5) of this section and KRS 61.680(4)(b) is clear and unambiguous, and while these statutes provide that an employee may retain Kentucky Teachers’ Retirement System membership upon transfer to another agency covered by other government retirement systems, and that such an employee may cancel his election to retain KTRS membership, it specifically provides that any cancellation of option election must be made prior to January 1, 1977. OAG 78-744 .

161.608. Computation of benefits of member who has an account with another state system.

The provisions of KRS 61.680 are hereby recognized and shall be followed in computing benefits of any member of the Teachers’ Retirement System who also has an account with the Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System.

History. Enact. Acts 1974, ch. 128, § 38, effective March 26, 1974; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 528, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 128, § 38, effective March 26, 1974) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 528, effective July 13, 1990.

Opinions of Attorney General.

This section and KRS 61.680 are to be interpreted to mean that once an individual with joint accounts in the various state retirement systems consolidates those accounts and is eligible to retire in the system under which he is presently covered and does so, all other retirement systems in which he has an account must pay their proportional share of benefits to him even though he might not otherwise be eligible due to his age. OAG 74-904 .

161.610. Withdrawal after thirty years; benefit rights; options. [Repealed.]

Compiler’s Notes.

This section (4506b-42: amend. Acts 1950, ch. 194; 1962, ch. 64, § 13) was repealed by Acts 1964, ch. 43, § 23.

161.611. Supplemental retirement benefit plan — Purpose — Administration — Eligibility — Payments.

  1. The board of trustees is authorized to provide a supplemental retirement benefit plan for the sole purpose of enabling the employer to apply the same formula for determining benefits payable to all members of the retirement system employed by the employer, whose benefits under the retirement system are limited by Section 415 of the Internal Revenue Code of 1986, as amended from time to time. This plan is intended to constitute a qualified governmental excess benefit plan as described in Section 415 of the Internal Revenue Code.
  2. The board of trustees shall administer this plan and have full discretionary fiduciary authority to determine all questions in connection with the plan. The board of trustees may adopt procedural rules and administrative regulations and may employ and rely on any legal counsel, actuaries, accountants, and agents as it deems advisable to assist in the administration of this plan.
  3. All members and retired former members in the retirement system shall be eligible to participate in this plan whenever their benefits under the retirement system would exceed the limitation on benefits imposed by Section 415 of the Internal Revenue Code.
  4. On or after the effective date of this plan, the employer shall pay to each eligible member in the retirement system who retires on or after that date and to each former member who retired before that date and his or her beneficiaries a supplemental pension benefit, equal to the amount by which the benefit that would have been payable under the retirement system, without regard to any provision therein incorporating the limitation on benefits imposed by Section 415 of the Internal Revenue Code, exceeds the benefit actually payable, taking into account the limitation imposed on the retirement system by Section 415 of the code. These supplemental pension benefits shall be computed and payable under the same terms and conditions and to the same person as the benefits payable to, or on account of, an eligible member under the retirement system.
  5. Benefits payable under this plan shall not be subject to the dollar limit applicable to eligible deferred compensation plans under Section 457 of the Internal Revenue Code, nor to the “substantial risk or forfeiture” rules of Section 457(f) of the code applicable to ineligible deferred compensation plans. In addition, benefits payable under this plan shall not be taken into account in determining whether any other plan of the employer is an eligible deferred compensation plan under Section 457 of the code.
  6. Funding of benefits payable under this plan shall be provided by the state, as employer, and shall be segregated from funds that are maintained by the retirement system for payment of the regular benefits provided by the retirement system. The employer may establish a grantor trust for payment of benefits provided under this plan, with the employer treated as “grantor” thereof for purposes of Section 677 of the Internal Revenue Code. The rights of any person to receive benefits under this plan are limited to those of a general creditor of the employer.

History. Enact. Acts 2000, ch. 498, § 1, effective July 1, 2000; 2002, ch. 275, § 26, effective July 1, 2002.

Compiler’s Notes.

Section 415 of the Internal Revenue Code, referred to in subsections (1), (3) and (4), is codified as 26 USCS § 415.
Section 457 of the Internal Revenue Code, referred to in subsection (5), is codified as 26 USCS § 457.
Section 677 of the Internal Revenue Code, referred to in subsection (6), is codified as 26 USCS § 677.

161.612. Membership of individuals providing part-time and substitute services — Service credit — Participation in benefits — Individuals who retire and are reemployed on or after January 1, 2019. [Declared void — See LRC Note Below]

Effective July 1, 2002, any individual occupying a position on a part-time basis that requires certification or graduation from a four (4) year college or university as a condition of employment and any individual providing part-time or substitute teaching services that are the same or similar to those teaching services provided by certified, full-time teachers shall be a member of the Kentucky Teachers’ Retirement System, according to the conditions and only to the extent set forth in this section, if the individual is employed by one (1) of the public boards, institutions, or agencies set forth in KRS 161.220 , excluding those public boards, institutions, and agencies described in KRS 161.220 (4)(b) and (n). Members providing part-time and substitute services shall participate in the retirement system as follows:

  1. Members providing part-time and substitute services shall accrue service credit as provided under KRS 161.500 and be entitled to a retirement allowance upon meeting the service retirement conditions of KRS 161.235 or 161.600 , as applicable. The board of trustees shall adopt a methodology for accrediting service credit to these members on a pro rata basis. The methodology adopted by the board of trustees may be amended as necessary to ensure its actuarial soundness. The retirement allowance for members providing part-time and substitute services shall be calculated pursuant to KRS 161.235 or 161.620 , as applicable, except that the provisions of KRS 161.620 (3) shall not apply. Members providing part-time and substitute services who meet the service retirement conditions of KRS 161.235 or 161.600 , as applicable, may also be eligible to participate as approved by the board of trustees in the medical insurance program provided by the retirement system under KRS 161.675 . Members providing part-time and substitute services shall make contributions to the Kentucky Teachers’ Retirement System at the rate provided under KRS 161.540 . A member who provides part-time or substitute services, or in the event of the death of the member, the member’s estate or applicably designated beneficiary, will be entitled, within ninety (90) days of the posting of the annual report submitted by the member’s employer, to a refund of contributions as permitted and limited by KRS 161.470 ;
  2. The board of trustees shall adopt eligibility conditions under which members providing part-time and substitute services may participate in the benefits provided under KRS 161.520 , 161.655 , 161.661 , and 161.663 . The board of trustees may permit members providing part-time or substitute services to participate in other benefits offered by the retirement system by promulgating administrative regulations that establish eligibility conditions for participation in these benefits. All eligibility conditions adopted by the board of trustees pursuant to this subsection may be amended as necessary to ensure their actuarial soundness;
  3. In addition to the pro rata methodology adopted by the board of trustees under subsection (1) of this section, members providing part-time and substitute services shall be subject to all limitations and conditions regarding the accrual, retention, accreditation, and use of service credit that apply to members providing full-time services. In addition to the eligibility conditions set forth by the board of trustees under subsection (2) of this section, members providing part-time and substitute services shall be subject to all limitations and conditions regarding both the eligibility to participate and the extent of participation in any benefit offered under KRS 161.220 to 161.716 that apply to members providing full-time services;
  4. Notwithstanding any other provisions of this section to the contrary, instructional assistants who provide teaching services in the local school districts on a full-time basis in positions covered by the County Employees Retirement System who are used as substitute teachers on an emergency basis for five (5) days or less during any one (1) fiscal year shall not be considered members of the Teachers’ Retirement System during that period in which they are serving as substitute teachers for five (5) days or less;
  5. The board of trustees may adopt a pro rata methodology to determine the annual compensation of members providing part-time and substitute services in order to determine benefits provided under KRS 161.661 and 161.663 . Members providing part-time and substitute services who had retirement contributions posted to their accounts during the previous fiscal year and who have not had those contributions refunded to them are eligible to vote for the board of trustees;
  6. The board of trustees of the Teachers’ Retirement System shall be responsible for final determination of membership eligibility and may direct employers to take whatever action that may be necessary to correct any error relating to membership;
  7. Effective January 1, 2019, this section does not apply to any individual who retires on or after January 1, 2019, and is reemployed on or after January 1, 2019; and
  8. The provisions of this section are not subject to KRS 161.714 .

HISTORY: Enact. Acts 2002, ch. 275, § 1, effective July 1, 2002; 2004, ch. 121, § 17, effective July 1, 2004; 2008, ch. 78, § 15, effective July 1, 2008; 2018 ch. 107, § 71, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

161.614. Court-ordered back salary and reinstatement.

A court order awarding additional back salary to or reinstating a member as a result of employment in a position covered by the Kentucky Teachers’ Retirement System shall entitle the member to additional salary or service credit, or both, under the following circumstances:

  1. Members shall make contributions to the Kentucky Teachers’ Retirement System at the rate set forth in KRS 161.540 and members’ employers shall make contributions at the rate set forth in KRS 161.550 , with interest accruing on all contributions at the rate of eight percent (8%) per annum from the end of each fiscal year that back salary or the reinstatement was ordered. Contributions, plus interest, shall be made for each year that back salary or reinstatement was ordered. No service or salary credit shall be credited to a member’s account unless full contributions are paid to the Kentucky Teachers’ Retirement System;
  2. The member may have court-ordered back salary credited to his or her account only to the extent that the member actually received payment for the back salary and only to the extent that the court-ordered back salary is within the salary scale that was available to the member in the covered position for the years that the back salary was awarded. Court-ordered back salary can be credited to the member’s account only as permitted under KRS 161.220(9) and (10). The member may have court-ordered service credited to his or her account only after the retirement system has received the contributions and interest on the full compensation that would normally be earned in the position that is the subject of the litigation;
  3. The member’s employer ordered to pay back salary or to reinstate the member by a court of competent jurisdiction shall provide the retirement system with a breakdown of the back salary awarded to the member on a year-by-year basis;
  4. The calculations of the contributions and interest required to be paid for court-ordered back salary or reinstatement shall be provided by the retirement system to the member or the member’s employer at the member’s or employer’s request. Requests for these calculations shall be made with at least two (2) weeks of advance notice to the retirement system to provide these calculations. The retirement system will calculate accrued interest as of the last day of the month during which payment of the full contributions are made;
  5. For purposes of this section, a settlement agreement that provides back salary or reinstatement, and is adopted by order or judgment of a court of competent jurisdiction or is referenced in an order dismissing the action as settled shall have the same effect as a court order adjudicating the matter. Orders entered by a government board or agency as a result of litigation conducted on an administrative hearing level and legally binding arbitration awards shall be considered as court orders for the purposes of this section; and
  6. Under no circumstances shall a member be entitled to service credit as a result of court-ordered reinstatement that is in violation of the provisions of KRS 161.500 .

History. Enact. Acts 2002, ch. 275, § 2, effective July 1, 2002; 2004, ch. 121, § 18, effective July 1, 2004; 2008, ch. 78, § 16, effective July 1, 2008.

161.615. Limited defined contribution plan — Purpose — Administration — Eligibility — Payments — Closing of plan to future employees on January 1, 2019. [Declared void — See LRC Note Below]

  1. The board of trustees is authorized to implement a limited defined contribution plan for the sole purpose of providing retirement allowance payments for retired members who have been approved by the retirement system for full-time reemployment as provided in KRS 161.605 .
  2. The defined contribution plan shall be administered separately from the regular benefits provided for members of the retirement system, except that the contributions to the plan shall be invested in the same manner as other contributions to the retirement system.
  3. The provisions of this section apply only to those retired members who were permitted to return to work under the critical shortage provisions of KRS 161.605(7) as they existed on June 30, 2002. The provisions of this section shall not apply to any retired member returning to work on or after July 1, 2002.
  4. Separate member accounts shall be maintained for participants in this plan which shall reflect the annual contributions made to the participant’s account based on the rates and interest levels specified in KRS 161.605 .
  5. When the retiree’s reemployment terminates, the total contributions and accrued interest in the participant’s account will be paid in a lump-sum payment or on an actuarial straight life monthly basis to the retiree. If the member dies prior to making application for a retirement allowance under this plan, the beneficiary designated by the participant for this plan shall receive a refund of the funds in the account. If there is a remaining balance in the account at the death of the participant after retirement from this plan, it shall be paid to the beneficiary designated by the participant for this benefit.
  6. Retired members shall be eligible to receive their retirement annuity when approved for reemployment and participation in this plan. Service as a reemployed retiree may not be used in any manner for credit under the regular retirement benefit plans provided by the retirement system.
  7. Notwithstanding the provisions of subsections (1) to (6) of this section, any plan established pursuant to this section shall, effective January 1, 2019, be closed to any future employee or employer contributions.

HISTORY: Enact. Acts 2000, ch. 498, § 2, effective July 1, 2000; 2002, ch. 275, § 27, effective July 1, 2002; 2018 ch. 107, § 72, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

161.620. Allowances for university and nonuniversity retirees who became members before January 1, 2019 — Amount — Applicability to persons becoming members on or after July 1, 2008. [Declared void — See LRC Note Below]

  1. The retirement allowance, in the form of a life annuity with refundable balance, of a member retiring for service shall be calculated as follows:
    1. For retirements effective July 1, 1998, and thereafter, except as otherwise provided by this section, the annual allowance for each year of service shall be two percent (2%) of the final average salary for service performed prior to July 1, 1983, and two and one-half percent (2.5%) of the final average salary for service performed after July 1, 1983, for all nonuniversity members. The annual retirement allowance for each year of service performed by members of the Teachers’ Retirement System who are university members shall be two percent (2%) of the final average salary. Actuarial discounts due to age or service credit at retirement may be applied as provided in this section;
    2. For individuals who become nonuniversity members of the Teachers’ Retirement System on or after July 1, 2002, and before July 1, 2008, who upon retirement have earned less than ten (10) full years of service credit, the retirement allowance shall be two percent (2%) of the member’s final average salary for each year of service. For individuals who become nonuniversity members of the Teachers’ Retirement System on or after July 1, 2002, and before July 1, 2008, and who upon retirement have earned at least ten (10) full years of service credit, the annual allowance for each year of service shall be two and one-half percent (2.5%) of the member’s final average salary;
    3. The board of trustees may approve for members who initially retire on or after July 1, 2004, and who become nonuniversity members before July 1, 2008, a retirement allowance of three percent (3%) of the member’s final average salary for each year of service credit earned in excess of thirty (30) years. This three percent (3%) factor shall be in lieu of the two and one-half percent (2.5%) factor provided for in paragraph (b) of this subsection for every year or fraction of a year of service in excess of thirty (30) years. Upon approval of this three percent (3%) retirement factor, the board of trustees may establish conditions of eligibility regarding the type of service credit that will qualify for meeting the requirements of this subsection. This subsection is optional with the board of trustees and shall not be subject to KRS 161.714 ;
    4. For individuals who become nonuniversity members of the Teachers’ Retirement System on or after July 1, 2008, the retirement allowance shall be:
        1. One and seven-tenths percent (1.7%) of the member’s final average salary for each year of service if the member has earned ten (10) or less years of service at retirement; 1. a. One and seven-tenths percent (1.7%) of the member’s final average salary for each year of service if the member has earned ten (10) or less years of service at retirement;
        2. Two percent (2%) of the member’s final average salary for each year of service if the member has earned greater than ten (10) but no more than twenty (20) years of service at retirement;
        3. Two and three-tenths percent (2.3%) of the member’s final average salary for each year of service if the member has earned greater than twenty (20) but no more than twenty-six (26) years of service at retirement; or
        4. Two and one-half percent (2.5%) of the member’s final average salary for each year of service if the member has earned greater than twenty-six (26) but no more than thirty (30) years of service at retirement; and
      1. Three percent (3%) of the member’s final average salary for each year of service earned in excess of thirty (30) years of service at retirement subject to the same terms and conditions as set forth in paragraph (c)2. of this subsection;
    5. For individuals who become university members of the Teachers’ Retirement System on or after July 1, 2008, the retirement allowance shall be:
      1. One and one-half percent (1.5%) of the member’s final average salary for each year of service if the member has earned ten (10) or less years of service at retirement;
      2. One and seven-tenths percent (1.7%) of the member’s final average salary for each year of service if the member has earned greater than ten (10) but no more than twenty (20) years of service at retirement;
      3. One and eighty-five hundredths percent (1.85%) of the member’s final average salary for each year of service if the member has earned greater than twenty (20) but less than twenty-seven (27) years of service at retirement; or
      4. Two percent (2%) of the member’s final average salary for each year of service if the member has earned twenty-seven (27) or more years of service at retirement; and
    6. The retirement allowance of a member at retirement, as measured on a life annuity, shall not exceed the member’s last yearly salary or the member’s final average salary, whichever is the greater amount. For purposes of this section, “yearly salary” means the compensation earned by a member during the most recent period of contributing service, either consecutive or nonconsecutive, preceding the member’s effective retirement date and shall be subject to the provisions of KRS 161.220(9) and (10).
  2. Effective July 1, 2002, and annually on July 1 thereafter, the retirement allowance of each retired member and of each beneficiary of a retirement option shall be increased in the amount of one and one-half percent (1.5%), provided the retired member had been retired for at least the full twelve (12) months immediately preceding the date that the increase is effective. In the event that the retired member had been retired for less than the full twelve (12) months immediately preceding the date that the increase is effective, then the increase shall be reduced on a pro rata basis by each month that the retired member had not been retired for the full twelve (12) months immediately preceding the effective date of the increase.
  3. Any member qualifying for retirement under a life annuity with refundable balance shall be entitled to receive an annual allowance amounting to not less than four hundred dollars ($400) effective July 1, 2002, and not less than four hundred forty dollars ($440) effective July 1, 2003, multiplied by the service credit years of the member. These minimums shall apply to the retired members receiving annuity payments and to those members retiring on or subsequent to the effective dates listed in this subsection, except the following:
    1. Individuals who become members of the Kentucky Teachers’ Retirement System on or after July 1, 2008; or
    2. Members whose retirement allowance payment is reduced below the minimum allowance as a result of its division in a qualified domestic relations order or any other provision permitted under KRS 161.700 .
  4. The minimum retirement allowance provided in this section shall apply in the case of members retired or retiring under an option other than a life annuity with refundable balance in the same proportion to the benefits of the member and his beneficiary or beneficiaries as provided in the duly-adopted option tables at the time of the member’s retirement.
  5. Effective July 1, 2008, the monthly allowance of each retired member and each recipient of a retirement option of the retired member may be increased in an amount not to exceed three and one-half percent (3.5%) of the monthly allowance in effect the previous month, provided the retired member had been retired for at least the full twelve (12) months immediately preceding the date that the increase is effective. In the event that the retired member had been retired for less than the full twelve (12) months immediately preceding the date that the increase is effective, then the increase shall be reduced on a pro rata basis by each month that the retired member had not been retired for the full twelve (12) months immediately preceding the effective date of the increase. The level of increase provided for in this subsection shall be determined by the funding provided in the 2008-2010 biennium budget appropriation.
  6. Effective July 1, 2009, the monthly allowance of each retired member and each recipient of a retirement option of the retired member may be increased in an amount not to exceed seven-tenths of one percent (0.7%) of the monthly allowance in effect the previous month, provided the retired member had been retired for at least the full twelve (12) months immediately preceding the date that the increase is effective. In the event that the retired member had been retired for less than the full twelve (12) months immediately preceding the date that the increase is effective, then the increase shall be reduced on a pro rata basis by each month that the retired member had not been retired for the full twelve (12) months immediately preceding the effective date of the increase. The level of increase provided for in this subsection shall be determined by the funding provided in the 2008-2010 biennium budget appropriation.
  7. Effective July 1, 1990, monthly payments of two hundred dollars ($200) shall be payable for the benefit of an adult child of a member retired for service when the child’s mental or physical condition is sufficient to cause dependency on the member at the time of retirement. Eligibility for this payment shall continue for the life of the child or until the time the mental or physical condition creating the dependency no longer exists or the child marries. Benefits under this subsection shall apply to legally adopted survivors provided the proceedings for the adoption were initiated at least one (1) year prior to the death of the member. The board of trustees shall be the sole judge of eligibility or dependency and may require formal application or information relating thereto.
  8. Members of the Teachers’ Retirement System shall be subject to the annuity income limitations imposed by Section 415 of the Internal Revenue Service Code.
  9. Compensation in excess of the limitations imposed by Section 401(a)(17) of the Internal Revenue Code shall not be used in determining a member’s retirement annuity. The limitation on compensation for eligible members shall not be less than the amount which was allowed to be taken into account by the retirement system in effect on July 1, 1993. For this purpose, an eligible member is an individual who was a member of the retirement system before the first plan year beginning after December 31, 1995.
  10. Effective January 1, 2019, subsections (1) to (7) of this section do not apply to individuals who become members of the Teachers’ Retirement System on or after January 1, 2019.

HISTORY: 4506b-43; amend. Acts 1946, ch. 111, § 4; 1950, ch. 78, § 1; 1954, ch. 194; 1954, ch. 196, § 4; 1956, ch. 146; 1960, ch. 44, § 13; 1962, ch. 64, § 14; 1964, ch. 43, § 15; 1966, ch. 16, § 6; 1968, ch. 136, § 11; 1970, ch. 54, § 2; 1970, ch. 168, § 1; 1972, ch. 82, § 20; 1974, ch. 395, § 16; 1976, ch. 351, § 18, effective July 1, 1976; 1978, ch. 43, § 2, effective June 17, 1978; 1978, ch. 152, § 14, effective March 28, 1978; 1980, ch. 206, § 9, effective July 1, 1980; 1982, ch. 326, § 9, effective July 1, 1982; 1982, ch. 414, § 4, effective July 15, 1982; 1984, ch. 104, § 1, effective July 13, 1984; 1984, ch. 253, § 21, effective July 1, 1984; 1986, ch. 440, § 12, effective July 1, 1986; 1988, ch. 240, § 2, effective July 15, 1988; 1988, ch. 260, § 2, effective July 15, 1988; 1988, ch. 363, § 15, effective July 1, 1988; 1990, ch. 131, § 1, effective July 13, 1990; 1990, ch. 442, § 16, effective July 1, 1990; 1990, ch. 476, Pt. V, § 529, effective July 13, 1990; 1992, ch. 192, § 12, effective July 1, 1992; 1994, ch. 369, § 18, effective July 1, 1994; 1996, ch. 359, § 15, effective July 1, 1996; 1998, ch. 515, § 12, effective July 1, 1998; 2000, ch. 498, § 18, effective July 1, 2000; 2002, ch. 275, § 28, effective July 1, 2002; 2004, ch. 121, § 19, effective July 1, 2004; 2006, ch. 189, § 2, effective July 1, 2006; 2008, ch. 78, § 17, effective July 1, 2008; 2008 (1st Ex. Sess.), ch. 1, § 39, effective June 27, 2008; 2010, ch. 148, § 10, effective July 15, 2010; 2010, ch. 164, § 10, effective July 1, 2010; 2018 ch. 107, § 73, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

(7/13/90). The two Acts amending this section prevail over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476. The two amending Acts have been compiled together where they are not in conflict. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250 .

Compiler's Notes.

Sections 401(a)(17) and 415 of the Internal Revenue Service Code, referred to in this section, are codified as 26 USCS §§ 401(a)(17) and 415, respectively.

NOTES TO DECISIONS

Cited:

Watkins v. Oldham, 731 S.W.2d 829, 1987 Ky. App. LEXIS 503 (Ky. Ct. App. 1987).

Opinions of Attorney General.

While subsection (1) of this section provided a mandatory increase applicable to all teachers retired prior to July 1, 1964, the increase must be regarded as increasing the actuarial value and would not necessarily increase monthly payments in benefit options other than the straight life annuity. OAG 68-274 (decided under prior law).

161.623. Use of unused sick-leave days to determine service credit — Applicability to individuals becoming members on or after July 1, 2008 — Maximum amount — Limitation of program on and after August 1, 2018. [Declared void — See LRC Note Below]

  1. Effective July 1, 1982, and thereafter, a district board of education or other employer of members of the Teachers’ Retirement System may compensate, at the time of retirement for service, an active contributing member for unused sick-leave days in accordance with this section.
  2. Upon the member’s application for service retirement, the employer shall certify the retiring member’s unused accumulated sick-leave balance to the board of trustees of the Kentucky Teachers’ Retirement System. The member’s sick-leave balance, expressed in days, shall be divided by one hundred eighty-five (185) days to determine the amount of service credit that may be considered for addition to the member’s retirement account for the purpose of determining the retirement allowance under KRS 161.620 , subject to the limitation of subsection (9)(a) of this section. Notwithstanding any statute to the contrary, sick-leave credit that is accredited under this section or by one (1) of the other state-administered retirement systems shall not be used for the purpose of determining whether the member is eligible to receive a retirement allowance from the Kentucky Teachers’ Retirement System.
  3. The board shall compute the cost to the retirement system of the sick-leave credit for each retiring member and shall bill the last employer of the retiring member for such cost. The employer shall pay the cost of such service credit to the retirement system within fifteen (15) days after receiving notification of the cost from the board.
  4. Retiring members who receive service credit under this section shall not be eligible to receive compensation for accrued sick leave under KRS 161.155(10) or any other statutory provision.
  5. Employer participation is optional and the employer may opt to purchase less service credit than the member is eligible to receive provided the same percentage of reduction is made applicable to all retiring members of the employer during a school fiscal year.
  6. The board of trustees shall formulate and adopt necessary rules and regulations for the administration of the foregoing provisions.
  7. Payments to the retirement system for service credit obtained under this section or for compensation credit obtained under KRS 161.155(10) shall be based on the full actuarial cost as defined in KRS 161.220(22).
  8. For an individual who becomes a member on or after July 1, 2008, the maximum amount of unused accumulated sick leave that may be considered for addition to the member’s retirement account for purposes of determining the retirement allowance under KRS 161.620 shall not exceed three hundred (300) days or the amount specified by subsection (9)(a) of this section.
  9. Notwithstanding any other provision of KRS 161.220 to 161.716 to the contrary:
    1. The maximum amount of sick leave converted to additional service credit under the provisions of this section shall not exceed the service credit based upon the level of sick leave accumulated on December 31, 2018, by a member whose employer participates in the sick leave program authorized by this section; and
    2. On or after August 1, 2018, no employers may opt to participate in the sick leave program authorized by this section.

HISTORY: Enact. Acts 1982, ch. 326, § 10, effective July 1, 1982; 1986, ch. 450, § 2, effective July 15, 1986; 1990, ch. 476, Pt. V, § 530, effective July 13, 1990; 1990, ch. 483, § 5, effective July 13, 1990; 1998, ch. 530, § 2, effective July 15, 1998; 2000, ch. 498, § 19, effective July 1, 2000; 2002, ch. 275, § 29, effective July 1, 2002; 2006, ch. 52, § 4, effective July 12, 2006; 2008, ch. 78, § 18, effective July 1, 2008; 2008 (1st Ex. Sess.), ch. 1, § 40, effective June 27, 2008; 2018 ch. 107, § 74, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

Opinions of Attorney General.

Generally, in order to qualify for retirement, a member of the retirement system must have completed 27 years of service, notwithstanding accumulation of sick leave. OAG 91-219 .

At the death of an employed active public school teacher, a school board may not pay the decedent’s estate or named beneficiary the value of the employee’s accumulated unused sick leave even if the employee were eligible for retirement; rather, a local school district may only compensate a district employee at the time of retirement for accumulated unused sick leave. OAG 94-39 .

161.624. Responsibilities of members.

The employees of the Teachers’ Retirement System shall endeavor to provide full and complete information to all inquiries presented by members or beneficiaries of members. The members or beneficiaries of the members shall assume full responsibility for obtaining adequate and sufficient information concerning their eligibility for retirement benefits, for selection of the type of benefit available to them, and for adherence to the employment restrictions applicable to retired members.

History. Enact. Acts 1982, ch. 326, § 11, effective July 1, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 531, effective July 13, 1990; 1994, ch. 369, § 19, effective July 1, 1994.

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 326, § 11, effective July 1, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 531, effective July 13, 1990.

161.625. Increased allowances. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 7, § 1) was repealed by Acts 1964, ch. 43, § 23.

161.630. Benefit options — Change in benefit option by retiree who became member before January 1, 2019 — Beneficiary redesignation after retirement. [Declared void — See LRC Note Below]

    1. An individual who became a member prior to January 1, 2019, upon retirement, shall receive a retirement allowance in the form of a life annuity, with refundable balance, as provided in KRS 161.620 , unless an election is made before the effective date of retirement to receive actuarially equivalent benefits under options which the board of trustees approves. (1) (a) An individual who became a member prior to January 1, 2019, upon retirement, shall receive a retirement allowance in the form of a life annuity, with refundable balance, as provided in KRS 161.620 , unless an election is made before the effective date of retirement to receive actuarially equivalent benefits under options which the board of trustees approves.
    2. An individual who is participating in the hybrid cash balance plan as provided by KRS 161.235 may, before the effective date of retirement, elect to receive his or her accumulated account balance annuitized into a monthly payment under one (1) of the actuarial equivalent payment options approved by the board of trustees.
    3. No option shall provide for a benefit with an actuarial value at the age of retirement greater than that provided in KRS 161.235 (7)(a) or 161.620, as applicable. This section does not apply to disability allowances as provided in KRS 161.661(1).
  1. The retirement option chosen by a retiree at the time of service retirement shall remain in force unless the retiree became a member prior to January 1, 2019, and elects to make a change under the following conditions:
    1. A divorce, annulment, or marriage dissolution following retirement shall, at the election of the retiree, cancel any optional plan selected at retirement that provides continuing benefits to a spousal beneficiary and return the retiree to a single lifetime benefit equivalent as determined by the board; or
    2. Following marriage or remarriage, or the death of the designated beneficiary, a retiree may elect a new optional plan of payment based on the actuarial equivalent of a single lifetime benefit at the time of the election, as determined by the board. The plan shall become effective the first of the month following receipt of an application on a form approved by the board.
  2. Except as otherwise provided in this section, a beneficiary designation shall not be changed after the effective date of retirement except for retirees who elect the life annuity with refundable balance or the predetermined years certain and life thereafter option. A member may remove a beneficiary at any time, but shall not designate a substitute beneficiary. If a member elects to remove a beneficiary, the member’s retirement allowance shall not change regardless of the retirement option selected by the member, even if the removed beneficiary predeceases the member.
  3. A member who experiences a qualifying event under subsection (2) of this section and who elects a new optional plan of payment shall make that election within sixty (60) days of the qualifying event.

HISTORY: 4506b-48; amend. Acts 1962, ch. 64, § 15; 1976, ch. 351, § 19, effective July 1, 1976; 1978, ch. 152, § 15, effective March 28, 1978; 1988, ch. 363, § 16, effective July 1, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 532, effective July 13, 1990; 1994, ch. 369, § 20, effective July 1, 1994; 2004, ch. 121, § 20, effective July 1, 2004; 2008, ch. 78, § 19, effective July 1, 2008; 2010, ch. 164, § 11, effective July 1, 2010; 2018 ch. 107, § 75, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

This section (4506b-48; amend. Acts 1962, ch. 64, § 15; 1976, ch. 351, § 19, effective July 1, 1976; 1978, ch. 152, § 15, effective March 28, 1978; 1988, ch. 363, § 16, effective July 1, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 532, effective July 13, 1990.

161.640. Payment of annuities — Payroll deductions — Electronic fund transfer, exception.

  1. Retirement annuities shall be payable monthly. The first payment to an annuitant shall be made at the payment date at the end of one (1) full payment period after his retirement and shall consist of one (1) regular monthly payment. Retirement for a member receiving one (1) full year of service credit during a fiscal year shall be no earlier than July 1 next following the end of such fiscal year. Notwithstanding any other statutory provisions to the contrary, members filling positions that customarily require twelve (12) months of service during a fiscal year cannot retire prior to July 1 without a corresponding pro rata reduction in salary and service credit. The board of trustees may determine which positions customarily require twelve (12) months of service during a fiscal year.
  2. The board of trustees may enter into agreements with retired members for payroll deductions when it is deemed in the best interest of the retired members and the retirement system.
    1. All new retirees, on or after July 1, 1998, shall receive their monthly annuity checks by electronic fund transfer. All retiree, beneficiary, and survivor monthly allowance payments, except as otherwise provided in paragraph (b) of this subsection, shall be made by electronic fund transfer. Except as provided in paragraph (b) of this subsection, all monthly payments shall be made payable only to an account solely in the name of the retiree, beneficiary, or survivor as an individual and natural person, or to a joint account in the name of the retiree, beneficiary, or survivor as an individual and natural person and another individual and natural person. (3) (a) All new retirees, on or after July 1, 1998, shall receive their monthly annuity checks by electronic fund transfer. All retiree, beneficiary, and survivor monthly allowance payments, except as otherwise provided in paragraph (b) of this subsection, shall be made by electronic fund transfer. Except as provided in paragraph (b) of this subsection, all monthly payments shall be made payable only to an account solely in the name of the retiree, beneficiary, or survivor as an individual and natural person, or to a joint account in the name of the retiree, beneficiary, or survivor as an individual and natural person and another individual and natural person.
    2. If the retiree, beneficiary, or survivor is a resident of a nursing or assisted-care home, monthly payments may be made to the order of the nursing or assisted-care home for the benefit of the retiree, beneficiary, or survivor by including the retiree’s, beneficiary’s, or survivor’s name. Monthly annuity checks so paid to a nursing or assisted-care home may be sent by mail rather than electronic fund transfer.

History. 4506b-46; amend. Acts 1952, ch. 144, § 1; 1972, ch. 82, § 21; 1980, ch. 206, § 10, effective July 1, 1980; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 533, effective July 13, 1990; 1998, ch. 515, § 13, effective July 1, 1998; 2004, ch. 121, § 21, effective July 1, 2004; 2008, ch. 78, § 20, effective July 1, 2008.

Compiler’s Notes.

This section (4506b-46; amend. Acts 1952, ch. 144, § 1; 1972, ch. 82, § 21; 1980, ch. 206, § 10, effective July 1, 1980) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 533, effective July 13, 1990.

161.643. Records and annual reports for annuitants employed by school districts or agencies — Penalty for noncompliance.

Each school district and agency employing annuitants of the retirement system shall maintain a record of the days employed and the compensation paid to each annuitant and submit an annual report on forms prescribed by the retirement system no later than August 1, following the completion of each fiscal year. The retirement system may impose a penalty on the employer not to exceed one thousand dollars ($1,000) when the employer does not meet the August 1 reporting date or fails to provide the information required for employment of annuitants of the retirement system.

History. Enact. Acts 1994, ch. 369, § 17, effective July 1, 1994.

161.650. Death of retired member — Payment to beneficiaries — Effect of divorce decree — Failure to designate beneficiary. [Declared void — See LRC Note Below]

  1. In the case of death of a member who has retired by reason of service or disability, any portion of the member’s accumulated contributions, including member contributions to the state accumulation fund and regular interest to the date of retirement, that has not, and will not be paid as an allowance or benefit shall be paid to the member’s beneficiary in such manner as the board of trustees elects.
  2. The member may designate a primary beneficiary or two (2) or more cobeneficiaries to receive any remaining accumulated member contributions payable under this section. A contingent beneficiary may be designated in addition to the primary beneficiary or the cobeneficiaries. The member may designate two (2) or more contingent beneficiaries. To the extent permitted by the Internal Revenue Code, a trust may be designated as beneficiary for receipt of any remaining funds of the member’s accumulated contributions. Members may designate as beneficiaries only presently identifiable and existing individuals, or trusts where otherwise permitted, without contingency instructions, on forms prescribed by the retirement system. Cobeneficiaries shall be composed of a single class of individuals, or trusts where permitted, who will share in equal proportions in any payment that may become available under this section. Any beneficiary designation made by the member shall remain in effect until changed by the member on forms prescribed by the retirement system, except in the event of subsequent divorce. A final divorce decree shall terminate the beneficiary status of an ex-spouse unless, subsequent to divorce, the member redesignates the former spouse as a beneficiary. A final divorce decree shall not terminate the designation of a trust as beneficiary regardless of who is designated as beneficiary of the trust. In the event that the member fails to designate a beneficiary or all designated beneficiaries predecease the member, any remaining accumulated member contributions shall be payable to the member’s estate.

HISTORY: 4506b-47; amend. Acts 1962, ch. 64, § 16; 1972, ch. 82, § 22; 1976, ch. 35, § 20, effective July 1, 1976; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 534, effective July 13, 1990; 2004, ch. 121, § 22, effective July 1, 2004; 2008, ch. 78, § 21, effective July 1, 2008; 2018 ch. 107, § 78, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

This section (4506b-47; amend. Acts 1962, ch. 64, § 16; 1972, ch. 82, § 22; 1976, ch. 35, § 20, effective July 1, 1976) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 534, effective July 13, 1990.

161.655. Life insurance benefit for individuals who became members before January 1, 2019 — Assignment of benefit. [Declared void — See LRC Note Below]

  1. Effective July 1, 2000, the Teachers’ Retirement System shall for those individuals who became members prior to January 1, 2019:
    1. Provide a life insurance benefit in a minimum amount of five thousand dollars ($5,000) for its members who are retired for service or disability. This life insurance benefit shall be payable upon the death of a member retired for service or disability to the member’s estate or to a party designated by the member on a form prescribed by the retirement system; and
    2. Provide a life insurance benefit in a minimum amount of two thousand dollars ($2,000) for its active contributing members. This life insurance benefit shall be payable upon the death of an active contributing member to the member’s estate or to a party designated by the member on a form prescribed by the retirement system.
  2. The member may name one (1) primary and one (1) contingent beneficiary for receipt of the life insurance benefit. To the extent permitted by the Internal Revenue Code, a trust may be designated as beneficiary for receipt of the life insurance benefit. Members may designate as beneficiaries only presently identifiable and existing individuals, or trusts where otherwise permitted, without contingency instructions, on forms prescribed by the retirement system. In the event that a member fails to designate a beneficiary, or all designated beneficiaries predecease the member, the member’s estate shall be deemed to be the beneficiary. Any beneficiary designation made by the member, including the estate should the estate become the beneficiary by default, shall remain in effect until changed by the member on forms prescribed by the retirement system, except in the event of subsequent marriage or divorce. A valid marriage license shall terminate any previously designated beneficiary, even that of a trust, and establish the spouse as beneficiary unless, subsequent proof of the marriage, the member or retired member redesignates someone other than the new spouse as the beneficiary. A final divorce decree shall terminate the beneficiary status of an ex-spouse unless, subsequent to divorce, the member redesignates the former spouse as a beneficiary. A final divorce decree shall not terminate the designation of a trust as beneficiary regardless of who is designated as beneficiary of the trust.
  3. Application for payment of life insurance proceeds shall be made to the Teachers’ Retirement System together with acceptable evidence of death and eligibility. The reciprocal provisions of KRS 61.680(2)(a) shall not apply to the coverage and payment of proceeds by the life insurance benefit under this section.
  4. Suit or civil action shall not be required for the collection of the proceeds of the life insurance benefit provided for by this section, but nothing in this section shall prevent the maintenance of suit or civil action against the beneficiary or legal representative receiving the proceeds of the life insurance benefit.
  5. Upon the death of a member of the Teachers’ Retirement System, the life insurance provided pursuant to subsection (1) of this section may be assigned by the designated beneficiary to a bank or licensed funeral home.

HISTORY: Enact. Acts 1958, ch. 7, § 4; 1962, ch. 64, § 17; 1964, ch. 43, § 16; 1968, ch. 136, § 12; 1970, ch. 54, § 3; 1978, ch. 152, § 16, effective March 28, 1978; 1980, ch. 206, § 11, effective July 1, 1980; 1988, ch. 363, § 17, effective July 1, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 535, effective July 13, 1990; 1992, ch. 192, § 14, effective July 1, 1992; 1996, ch. 359, § 16, effective July 1, 1996; 1998, ch. 515, § 14, effective July 1, 1998; 2000, ch. 498, § 20, effective July 1, 2000; 2002, ch. 275, § 30, effective July 1, 2002; 2004, ch. 121, § 23, effective July 1, 2004; 2008, ch. 78, § 22, effective July 1, 2008; 2010, ch. 164, § 12, effective July 1, 2010; 2011, ch. 68, § 2, effective June 8, 2011; 2018 ch. 107, § 76, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

This section (Enact. Acts 1958, ch. 7, § 4; 1962, ch. 64, § 17; 1964, ch. 43, § 16; 1968, ch. 136, § 12; 1970, ch. 54, § 3; 1978, ch. 152, § 16, effective March 28, 1978; 1980, ch. 206, § 11, effective July 1, 1980; 1988, ch. 363, § 17, effective July 1, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 535, effective July 13, 1990.

161.660. Disability allowance. [Repealed.]

Compiler’s Notes.

This section (4506b-44; amend. Acts 1946, ch. 111, § 5; 1950, ch. 79, § 1; 1958, ch. 7, § 3; 1962, ch. 64, § 18) was repealed by Acts 1964, ch. 43, § 23.

161.661. Disability retirement. [Declared void — See LRC Note Below]

  1. Any member who has completed five (5) or more years of accredited service in the public schools of Kentucky after July 1, 1941, may retire for disability and be granted a disability allowance if found to be eligible as provided in this section. Application for disability benefits shall be made within one (1) year of the last contributing service in Kentucky, and the disability must have occurred during the most recent period of employment in a position covered by the Teachers’ Retirement System and subsequent to the completion of five (5) years of teaching service in Kentucky. A disability occurring during the regular vacation immediately following the last period of active service in Kentucky or during an official leave for which the member is entitled to make regular contributions to the retirement system, shall be considered as having occurred during a period of active service. The annual disability allowance shall be equal to sixty percent (60%) of the member’s final average salary. Individuals who became members prior to January 1, 2019, who have twenty-seven (27) or more years of service credit are eligible for service retirement only. Individuals who become members on or after January 1, 2019, who have met the requirements of KRS 161.235(6)(b) shall be eligible for service retirement only.
  2. The provisions of KRS 161.520 , 161.525 , and subsections (3), (4), and (5) of this section shall not apply to disability retirees whose benefits were calculated on the service retirement formula nor to survivors of these members.
  3. Members shall earn one (1) year of entitlement to disability retirement, at sixty percent (60%) of the member’s final average salary, for each four (4) years of service in a covered position, but any member meeting the service requirement for disability retirement shall be credited with no less than five (5) years of eligibility.
  4. A member retired by reason of disability shall continue to earn service credit at the rate of one (1) year for each year retired for disability. This service shall be credited to the member’s account at the expiration of entitlement as defined in subsection (3) of this section, or when the member’s eligibility for disability benefits is terminated upon recommendation of a medical review committee, and this service shall be used in calculating benefits as provided in subsection (5) of this section, but under no circumstances shall this service be used to provide the member with more than twenty-seven (27) years of total service credit or the level of service credit needed to meet the requirements of KRS 161.235 (6)(b), as applicable. The service credit shall be valued at the same level as service earned by active members as provided under KRS 161.235 , 161.600 , or 161.620 , as applicable. Members participating in the hybrid cash balance plan as provided by KRS 161.235 shall also be credited with employer credits and interest credits for each year of service earned under the provisions of this subsection based upon the salary in which the last employer credit was paid. Payments during the entitlement period as specified by subsection (3) of this section shall not reduce the accumulated account balance of a member participating in the hybrid cash balance plan.
  5. Any member retired by reason of disability and remaining disabled at the expiration of the entitlement period shall have his disability benefits recalculated using the service retirement formula with service credit and any additional accumulated account balance earned as set out in subsection (4) of this section. For persons who became members prior to January 1, 2019, the retirement allowance shall be calculated as set forth in KRS 161.620 , except that those persons less than sixty (60) years of age shall be considered as sixty (60) years of age. For persons who become members on or after January 1, 2019, the retirement allowance or benefit shall be calculated as set forth in KRS 161.235 , except that those persons less than age sixty-five (65) shall be considered as sixty-five (65) years of age. Members having their disability benefits recalculated under this subsection shall not be entitled to a benefit based upon an average of their three (3) highest salaries as set forth in KRS 161.220(9), unless approved otherwise by the board of trustees.
  6. Members who have their disability retirement allowance recalculated at the expiration of the entitlement period shall continue to have coverage under the post-retirement medical insurance program. Restrictions on employment shall remain in effect until the member attains age seventy (70) or until the member’s eligibility is discontinued. KRS 161.520 and 161.525 shall not apply to survivors of disability retirees whose retirement allowances have been recalculated at the expiration of the entitlement period. Members who have their disability retirement allowance recalculated at the expiration of their entitlement period shall be entitled to a minimum monthly allowance of five hundred dollars ($500) as the basic straight life annuity. The minimum allowance shall be effective July 1, 1992, and shall apply to those members who have had their allowance recalculated prior to that date and to disability retirees who will have their benefit allowance recalculated on or after that date.
  7. Effective July 1, 1992, members retired for disability prior to July 1, 1964, shall be entitled to a minimum monthly allowance of five hundred dollars ($500) as their basic straight life annuity and their surviving spouse shall be eligible for survivor benefits as provided in KRS 161.520(1)(a) and (b).
  8. Any member retired by reason of disability may voluntarily waive disability benefits and return to teaching or any individual who became a member prior to January 1, 2019, who is age sixty (60) years or older, may elect to waive disability benefits and retire for service on the basis of service credited to the member on the effective date of the disability retirement, or any individual who becomes a member on or after January 1, 2019, who is sixty-five (65) years of age or older, may elect to waive disability benefits and retire for service on the basis of his or her accumulated account balance and service credited to the member on the effective date of disability retirement.
  9. In order to qualify for retirement by reason of disability a member must suffer from a physical or mental condition presumed to be permanent in duration and of a nature as to render the member incapable of being gainfully employed in a covered position. The incapability must be revealed by a competent examination by a licensed physician or physicians and must be approved by a majority of a medical review committee.
  10. A member retired by reason of disability shall be required to undergo periodic examinations at the discretion of the board of trustees to determine whether the disability allowance shall be continued. When examination and recommendation of a medical review committee indicate the disability no longer exists, the allowance shall be discontinued.
  11. Eligibility for payment shall begin on the first day of the month following receipt of the application in the Teachers’ Retirement System office, or the first of the month next following the last payment of salary or sick leave benefits by the employer, whichever is the later date.
  12. No person who receives a disability allowance may be employed in a position that entails duties or qualification requirements similar to positions subject to participation in the retirement system either within or without the State of Kentucky. So doing shall constitute a misdemeanor and shall result in loss of the allowance from the first date of this service. A member who applies for and is approved for disability retirement on or after July 1, 2002, and whose annual disability benefit is less than forty thousand dollars ($40,000) may earn income in any occupation other than covered employment only to the extent that the annual income from the other employment when added to the annual disability benefit does not exceed forty thousand dollars ($40,000). For any member who exceeds this limit as a result of income from other employment, the Kentucky Teachers’ Retirement System shall reduce the member’s disability benefit on a dollar-for-dollar basis for each dollar that the member’s combined annual disability benefit and annual income from other employment exceeds forty thousand dollars ($40,000). The board of trustees may annually increase the forty thousand dollar ($40,000) limit by the percentage increase in the annual average of the consumer price index for all urban consumers for the most recent calendar year as published by the Federal Bureau of Labor Statistics, not to exceed five percent (5%).
  13. All members who applied for disability retirement before July 1, 2002, and were approved as a result of that application shall be subject to the income limitations as they existed on June 30, 2002, until July 1, 2006. Effective July 1, 2006, the twenty-seven thousand dollar ($27,000) limitation shall be increased to forty thousand dollars ($40,000) and may be adjusted by the board of trustees by the consumer price index in the manner described in subsection (12) of this section. The recipient of a disability allowance who engages in any gainful occupation other than covered employment must make a report of the duties involved, compensation received, and any other pertinent information required by the board of trustees.
  14. The board of trustees shall designate medical review committees, each consisting of three (3) licensed physicians. A medical review committee shall pass upon all applications for disability retirement and upon all applicant statements, medical certifications, and examinations submitted in connection with disability applications. The disposition of each case shall be recommended by a medical review committee in writing to the retirement system. Members of a medical review committee shall follow administrative regulations regarding procedures as the board of trustees may enact and shall be paid reasonable fees and expenses as authorized by the board of trustees in compliance with the provisions of KRS 161.330 and 161.340 . The retirement system may secure additional medical examinations and information as it deems necessary. A member may appeal any final agency decision denying his or her disability retirement application pursuant to the provisions of KRS 161.250(2).
  15. A disability may be presumed to be permanent if the condition creating the disability may be reasonably expected to continue for one (1) year or more from the date of application for disability benefits.
  16. Any member who has voluntarily waived disability benefits or whose disability benefits have been discontinued on recommendation of a medical review committee, may apply for reinstatement of disability benefits. The application for reinstatement must be made to the retirement system within twelve (12) months of the date disability benefits terminated. If the termination of benefits were voluntary, the reinstatement may be made without medical examination if application is made within three (3) months of the termination date. Other applications for reinstatement will be processed in the same manner as new applications for benefits.
  17. No person who is receiving disability benefits under this section may be employed in a position which qualifies the person for membership in a retirement system financed wholly or in part with public funds. Employment in a position prohibited by this subsection shall result in disqualification for those disability benefits from the date of employment in the prohibited position.
  18. Any person who is receiving benefits and becomes disqualified from receiving those benefits under this section, or becomes disqualified from receiving a portion of those benefits due to income from other than covered employment, shall immediately notify the Teachers’ Retirement System of this disqualification in writing and shall return all benefits paid after the date of disqualification. Failure to comply with these provisions shall create an indebtedness of that person to the Teachers’ Retirement System. Interest at the rate of eight percent (8%) per annum shall be charged if the debt is not repaid within sixty (60) days after the date of disqualification. Failure to repay this debt creates a lien in favor of the Teachers’ Retirement System upon all property of the person who improperly receives benefits and does not repay those benefits. The Kentucky Teachers’ Retirement System may, in order to collect an outstanding debt, reduce or terminate any benefit that a member is otherwise entitled to receive.

HISTORY: Enact. Acts 1964, ch. 43, § 18; 1966, ch. 16, § 7; 1968, ch. 136, § 13; 1972, ch. 82, § 23; 1974, ch. 395, § 17; 1976, ch. 351, § 21, effective July 1, 1976; 1978, ch. 152, § 17, effective March 28, 1978; 1980, ch. 206, § 12, effective July 1, 1980; 1986, ch. 440, § 13, effective July 1, 1986; 1990, ch. 442, § 17, effective July 1, 1990; 1990, ch. 476, Pt. V, § 536, effective July 13, 1990; 1992, ch. 192, § 15, effective July 1, 1992; 1994, ch. 369, § 21, effective July 1, 1994; 1996, ch. 359, § 17, effective July 1, 1996; 2002, ch. 275, § 31, effective July 1, 2002; 2006, ch. 189, § 3, effective July 1, 2006; 2018 ch. 107, § 77, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

NOTES TO DECISIONS

Cited:

Justice v. Pike County Bd. of Educ., 348 F.3d 554, 2003 FED App. 0392P, 2003 U.S. App. LEXIS 22631 (6th Cir. Ky. 2003 ).

Opinions of Attorney General.

A teacher retired for disability would remain in disability retirement until her eligibility period had expired, even though she had reached age 60 during such eligibility period. OAG 64-741 .

An application for a disability allowance does not have to be made within any specific time. OAG 70-476 .

The applicant’s condition at the time of the termination of employment would govern in determining whether or not he is disabled. OAG 70-476 .

A member of the retirement system who qualifies for and accepts disability retirement may not thereafter during such period of disability elect to qualify and receive regular retirement for service until the period of eligibility for disability benefits has expired. OAG 73-181 .

Where a school teacher was terminated in 1976, and instituted suit in an attempt to be reinstated, which suit was finally resolved against him in 1978, he clearly missed the deadline of one year provided in subsection (1) and could not, thereafter, apply for disability retirement. OAG 79-49 .

A teacher seeking benefits under subsection (1) of this section while on leave of absence under KRS 161.770 has in effect terminated his or her tenure contract status and accompanying rights with the board of education when the teachers’ retirement system approves that teacher’s application for disability retirement, which means the teacher has “retired” for the purposes of KRS 161.720 to 161.810 ; and if the teacher, who has been granted leave of absence and accepted by the teachers’ retirement system for disability retirement benefits, then becomes able to return to work, the board of education no longer has to afford to that teacher his or her former tenure rights. OAG 79-157 .

161.662. Status of disabled teachers and superintendents.

  1. Teachers and superintendents with continuing status who retire because of disability shall, notwithstanding provisions of KRS 161.720 to 161.810 to the contrary, retain continuing status in the school district from which they retired for twenty-four (24) calendar months from the date of retirement, if the teacher or superintendent:
    1. Is approved for disability retirement under the provisions of KRS 161.661 , or
    2. Is approved for disability retirement but elects to have benefits calculated on the service retirement formula under the provisions of KRS 161.661 , or
    3. Is disqualified from receiving disability retirement benefits by KRS 161.661(2) but is otherwise eligible for disability retirement under the remaining provisions of KRS 161.661.
    1. If the superintendent recovers from disability and presents written notice of such recovery, supported by the statement of a licensed physician, to the employing board of education within the twenty-four (24) calendar month period but not later than April 15 prior to the beginning of the school term, the board of education shall reinstate the superintendent to active continuing status at the beginning of the school term. If notice of recovery from disability is not presented to the employing board of education within the twenty-four (24) calendar month period, or if the superintendent states to the board, in a verified document, prior to expiration of the twenty-four (24) calendar month period that he or she will not return to employment in the school system, the continuing service contract of the superintendent shall terminate as by retirement under the provisions of KRS 161.661 . (2) (a) If the superintendent recovers from disability and presents written notice of such recovery, supported by the statement of a licensed physician, to the employing board of education within the twenty-four (24) calendar month period but not later than April 15 prior to the beginning of the school term, the board of education shall reinstate the superintendent to active continuing status at the beginning of the school term. If notice of recovery from disability is not presented to the employing board of education within the twenty-four (24) calendar month period, or if the superintendent states to the board, in a verified document, prior to expiration of the twenty-four (24) calendar month period that he or she will not return to employment in the school system, the continuing service contract of the superintendent shall terminate as by retirement under the provisions of KRS 161.661 .
    2. If the teacher recovers from disability and presents written notice of such recovery, supported by the statement of a licensed physician, to the superintendent within the twenty-four (24) calendar month period but not later than April 15 prior to the beginning of the school term, the superintendent shall reinstate the teacher to active continuing status at the beginning of the school term. If notice of recovery from disability is not presented to the superintendent within the twenty-four (24) calendar month period, or if the teacher states to the superintendent, in a verified document, prior to expiration of the twenty-four (24) calendar month period that he or she will not return to employment in the school system, the continuing service contract of the teacher shall terminate as by retirement under the provisions of KRS 161.661.
  2. Retirement because of disability under this section shall not be cause for termination of the contract of a teacher or superintendent under KRS 161.790 during the twenty-four (24) calendar month period described in this section. A teacher or superintendent who applies for disability retirement under the provisions of KRS 161.661 shall retain continuing service status during the period of time the application for disability retirement is being processed. If the application is not approved, the teacher or superintendent may return to the contract, employment, or leave status held prior to submission of the application.
    1. If the superintendent recovers from the disability and presents written notice of such recovery, supported by the statement of a licensed physician, to the employing board of education within twenty-five (25) through forty-two (42) months from the date of retirement, the board shall give priority consideration to reemployment of the superintendent for the first available position for which the superintendent is qualified and certified. (4) (a) If the superintendent recovers from the disability and presents written notice of such recovery, supported by the statement of a licensed physician, to the employing board of education within twenty-five (25) through forty-two (42) months from the date of retirement, the board shall give priority consideration to reemployment of the superintendent for the first available position for which the superintendent is qualified and certified.
    2. If the teacher recovers from the disability and presents written notice of such recovery, supported by the statement of a licensed physician, to the superintendent within twenty-five (25) through forty-two (42) months from the date of retirement, the superintendent shall give priority consideration to reemployment of the teacher for the first available position for which the teacher is qualified and certified.

History. Enact. Acts 1982, ch. 219, § 1, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 246, effective July 13, 1990.

161.663. Disability retirement with less than required years of service.

Any active contributing member with less than five (5) years of Kentucky service may apply and be approved for disability retirement under KRS 161.661 if the member is found to be mentally or physically incapacitated as a result of an injury related directly to their covered employment. All conditions and restrictions specified under KRS 161.661 shall be applicable, except that the initial annual disability allowance shall be equal to fifty percent (50%) of the member’s current annual contract salary and the member’s last annual contract salary shall be used in lieu of the final average salary in the recalculation of the member’s benefit at the expiration of the eligibility period.

History. Enact. Acts 1988, ch. 363, § 18, effective July 1, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 537, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 363, § 18, effective July 1, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 537, effective July 13, 1990.

161.670. Disability to be established by medical examination. [Repealed.]

Compiler’s Notes.

This section (4506b-45; amend. Acts 1962, ch. 64, § 19) was repealed by Acts 1964, ch. 43, § 23.

161.675. Hospital and medical benefits and health insurance coverage for eligible recipients of retirement allowances from Teachers’ Retirement System — Applicability to individuals becoming members on or after July 1, 2008 — Health insurance supplement payments — Coverage for spouses, dependents, and disabled children of retirees — Exemption from premium tax.

  1. The board of trustees shall arrange by appropriate contract or on a self-insured basis to provide a broad program of group hospital and medical insurance for present and future eligible recipients of a retirement allowance from the Teachers’ Retirement System. The board of trustees may also arrange to provide health insurance coverage through an insurer licensed pursuant to Subtitle 38 of KRS Chapter 304 and offering a managed care plan as defined in KRS 304.17A-500 as an alternative to group hospital and medical insurance for persons eligible for hospital and medical benefits under this section. The board of trustees may authorize eligible recipients of a retirement allowance from the Teachers’ Retirement System who are less than age sixty-five (65) to be included in the state-sponsored health insurance that is provided to active teachers and state employees under KRS 18A.225 . Members who are sixty-five (65) or older and retired for service shall not be eligible to participate in the state employee health insurance program as described in KRS 18A.225 .
    1. The coverage provided shall be as set forth in the contracts and the administrative regulations of the board of trustees. The board of trustees may change the levels of coverage and eligibility conditions to meet the changing needs of the annuitants and, when necessary, to contain the expenses of the insurance program within the funds available to finance the insurance program, except as provided by paragraph (b) of this subsection. The contracts and administrative regulations shall provide for but not be limited to hospital room and board, surgical procedures, doctors’ care in the hospital, and miscellaneous hospital costs. An annuitant whose effective date of retirement is July 1, 1974, and thereafter, must have a minimum of five (5) years’ creditable Kentucky service in the Teachers’ Retirement System or five (5) years of combined creditable service in the state-administered retirement systems if the member is retiring under the reciprocity provisions of KRS 61.680 and 61.702 . An annuitant shall not elect coverage through more than one (1) of the state-administered retirement systems. The board of trustees shall offer coverage to the disabled child of an annuitant regardless of the disabled child’s age if the annuitant pays the entire premium for the disabled child’s coverage. A child shall be considered disabled if he has been determined to be eligible for federal Social Security disability benefits. (2) (a) The coverage provided shall be as set forth in the contracts and the administrative regulations of the board of trustees. The board of trustees may change the levels of coverage and eligibility conditions to meet the changing needs of the annuitants and, when necessary, to contain the expenses of the insurance program within the funds available to finance the insurance program, except as provided by paragraph (b) of this subsection. The contracts and administrative regulations shall provide for but not be limited to hospital room and board, surgical procedures, doctors’ care in the hospital, and miscellaneous hospital costs. An annuitant whose effective date of retirement is July 1, 1974, and thereafter, must have a minimum of five (5) years’ creditable Kentucky service in the Teachers’ Retirement System or five (5) years of combined creditable service in the state-administered retirement systems if the member is retiring under the reciprocity provisions of KRS 61.680 and 61.702 . An annuitant shall not elect coverage through more than one (1) of the state-administered retirement systems. The board of trustees shall offer coverage to the disabled child of an annuitant regardless of the disabled child’s age if the annuitant pays the entire premium for the disabled child’s coverage. A child shall be considered disabled if he has been determined to be eligible for federal Social Security disability benefits.
    2. Individuals who become members of the Kentucky Teachers’ Retirement System on or after July 1, 2008, shall not be eligible for benefits under this section unless the member has at least fifteen (15) or more years of service credited under KRS 161.500 or another state-administered retirement system.
  2. All expenses for benefits under this section shall be paid from the funding provisions contained in KRS 161.420(5), from a trust fund established by the board under 26 U.S.C. sec. 115 , premium charges received from the annuitants and the spouses, and from funds that may be appropriated or allocated by statute.
    1. The board of trustees shall determine the amount of health insurance supplement payments that the Teachers’ Retirement System will provide to assist eligible annuitants in paying the cost of their health insurance, based on the funds available in the medical insurance fund and any trust fund established by the board for this purpose under 26 U.S.C. sec. 115 . The board of trustees shall establish the maximum monthly amounts of health insurance supplement payments that will be made by the Kentucky Teachers’ Retirement System for eligible annuitants. The board of trustees shall annually establish the percentage of the maximum monthly health insurance supplement payment that will be made, based on age and years of service credit of eligible recipients of a retirement allowance. Monthly health insurance supplement payments made by the retirement system may not exceed the amount of the single coverage insurance premium chosen by the eligible annuitants. In order to qualify for health insurance supplements, the annuitant must agree to pay the difference between the insurance premium and the applicable supplement payment, by payroll deduction from his retirement allowance, or by a payment method approved by the retirement system. (4) (a) The board of trustees shall determine the amount of health insurance supplement payments that the Teachers’ Retirement System will provide to assist eligible annuitants in paying the cost of their health insurance, based on the funds available in the medical insurance fund and any trust fund established by the board for this purpose under 26 U.S.C. sec. 115 . The board of trustees shall establish the maximum monthly amounts of health insurance supplement payments that will be made by the Kentucky Teachers’ Retirement System for eligible annuitants. The board of trustees shall annually establish the percentage of the maximum monthly health insurance supplement payment that will be made, based on age and years of service credit of eligible recipients of a retirement allowance. Monthly health insurance supplement payments made by the retirement system may not exceed the amount of the single coverage insurance premium chosen by the eligible annuitants. In order to qualify for health insurance supplements, the annuitant must agree to pay the difference between the insurance premium and the applicable supplement payment, by payroll deduction from his retirement allowance, or by a payment method approved by the retirement system.
    2. The board shall, effective July 1, 2010, have the authority to charge retired members who are not paying the Standard Medicare Part B premium an amount equal to the Standard Medicare Part B premium in addition to any other payments determined by the board to be necessary to contain costs within the available funding. If the board determines that retired members who are not paying the Standard Medicare Part B premium should pay the equivalent of the Standard Medicare Part B premium, the board shall phase in the premium according to the following schedule:
    3. The board of trustees may offer, on a full-cost basis, health care insurance coverage provided by the retirement system to spouses and dependents of eligible annuitants not otherwise eligible for regular coverage. Recipients of a retirement allowance from the retirement system must agree to pay the cost of this coverage by payroll deduction from their retirement allowance or by a payment method approved by the retirement system.
    4. The board of trustees shall offer, on a full-cost basis, health insurance coverage provided by the retirement system to the disabled child of an annuitant, regardless of the age of the disabled child. A child shall be considered disabled for purposes of this section if the child has been determined to be eligible for federal Social Security disability benefits.
  3. The board of trustees is empowered to require the annuitant and the annuitant’s spouse to pay a premium charge to assist in the financing of the hospital and medical insurance program. The board of trustees is empowered to pay the expenses for insurance coverage from the medical insurance fund, from any trust fund established by the board for this purpose under 26 U.S.C. sec. 115 , from the premium charges received from the annuitants and the spouses, and from funds that may be appropriated or allocated by statute. The board may provide insurance coverage by making payment to insurance carriers including health insurance plans that are available to active and retired state employees and active teachers, institutions, and individuals for services performed, or the board of trustees may elect to provide insurance on a “self-insurance” basis or a combination of these provisions.
  4. The board of trustees may approve health insurance supplement payments to eligible annuitants who are less than sixty-five (65) years of age, as reimbursement for hospital and medical insurance premiums made by annuitants for their individual coverage. Eligible annuitants or recipients are those annuitants who are not eligible for Medicare and who do not reside in Kentucky or in an area outside of Kentucky where comparable coverage is available. The reimbursement payments shall not exceed the minimum supplement payment that would have been made had the annuitant lived in Kentucky. Eligible annuitants or recipients shall submit proof of payment to the retirement system for hospital and medical insurance that they have obtained. Reimbursement payments shall be made on a quarterly basis.
  5. Contracts negotiated may include the provision that a stated amount of hospital cost or period of hospitalization shall incur no obligation on the part of the insurance carrier or the retirement system or any trust fund established for this purpose by the board.
  6. The board of trustees is empowered to promulgate administrative regulations to assure efficient operation of the hospital and medical insurance program.
  7. Premiums paid for hospital and medical insurance coverage procured under authority of this section shall be exempt from any premium tax which might otherwise be required under KRS Chapter 136. The payment of premiums by the medical insurance fund or another trust fund established by the board for this purpose shall not constitute taxable income to an insured recipient.
  8. In the event that a member is providing services on less than a full-time basis under KRS 161.605 , the retirement system may pay the full cost of the member’s health insurance coverage for the full fiscal year that the member is providing those services, at the conclusion of which, the retirement system may then bill the active employer and the active employer shall reimburse the retirement system for the cost of the health insurance coverage incurred by the retirement system on a pro rata basis for the time that the member was employed by the active employer.

July 1, 2010 . . . . . Thirty-three percent (33%)

July 1, 2011 . . . . . Sixty-seven percent (67%)

July 1, 2012, and thereafter . . . . . One hundred percent (100%)

Nothing in this paragraph shall limit the board’s authority to change the levels of coverage, eligibility conditions, or levels of health insurance supplement for retirees in order to contain costs within available funding.

History. Enact. Acts 1964, ch. 43, § 20; 1970, ch. 54, § 4; 1974, ch. 395, § 18; 1976, ch. 351, § 22, effective July 1, 1976; 1978, ch. 43, § 3, effective June 17, 1978; 1978, ch. 152, § 18, effective March 28, 1978; 1980, ch. 206, § 13, effective July 1, 1980; 1984, ch. 253, § 22, effective July 1, 1984; 1986, ch. 440, § 14, effective July 1, 1986; 1990, ch. 476, Pt. V, § 538, effective July 13, 1990; 1990, ch. 489, § 10, effective July 13, 1990; 1992, ch. 192, § 16, effective July 1, 1992; 1994, ch. 369, § 22, effective July 1, 1994; 1996, ch. 359, § 18, effective July 1, 1996; 1998, ch. 515, § 15, effective July 1, 1998; 2000, ch. 438, § 4, effective April 21, 2000; 2000, ch. 498, § 21, effective July 1, 2000; 2002, ch. 275, § 32, effective July 1, 2002; 2006, ch. 164, § 4, effective July 12, 2006; 2008, ch. 78, § 23, effective July 1, 2008; 2008 (1st Ex. Sess.), ch. 1, § 41, effective June 27, 2008; 2010, ch. 159, § 5, effective July 1, 2010.

Opinions of Attorney General.

The board of trustees of the teacher’s retirement system is authorized to make payment from the hospital and insurance fund of the retirement system directly to an institution or individual who has provided or is providing services to a retired covered member teacher without the necessity of entering a contract. OAG 72-675 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 29, (2) at 864.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 29, (3) at 865.

161.677. Kentucky Teachers’ Retirement System insurance trust fund.

    1. The Kentucky Teachers’ Retirement System insurance trust fund is hereby created. All assets received in the trust fund shall be deemed trust funds to be held and applied solely as provided in this section. Assets of the trust fund shall not be used for any other purpose and shall not be used to pay the claims of creditors or any individual, person, or employer participating in the Kentucky Teachers’ Retirement System. (1) (a) The Kentucky Teachers’ Retirement System insurance trust fund is hereby created. All assets received in the trust fund shall be deemed trust funds to be held and applied solely as provided in this section. Assets of the trust fund shall not be used for any other purpose and shall not be used to pay the claims of creditors or any individual, person, or employer participating in the Kentucky Teachers’ Retirement System.
    2. The trust fund is intended to be established as a trust exempt from taxation under 26 U.S.C. sec. 115 .
  1. The trust fund is created for the purpose of providing a trust separate from the funds under KRS 161.420 . Trust fund assets are dedicated for use for health benefits as provided in KRS 161.675 , and as permitted under 26 U.S.C. secs. 105 and 106, for present and future eligible recipients of a retirement allowance from the Kentucky Teachers’ Retirement System.
  2. The trust fund shall be administered by the board of trustees established by KRS 161.250 , and the board shall serve as trustees of the fund. The board shall manage the assets of the fund in the same general manner in which it administers the retirement funds, except that the asset allocation may differ and separate accounting and financial reporting shall be maintained for the trust fund.
  3. In addition to the requirements of subsection (2) of this section, the employers participating in the trust fund are limited to the Commonwealth, political subdivisions of the Commonwealth, and entities whose income is exempt from taxation under 26 U.S.C. sec. 115 . No other entity may participate in the trust fund.
  4. If the trust fund is terminated, the assets in the trust fund may revert, after the payment of all liabilities, to the participating employers as determined by the board of trustees.
  5. The board of trustees may promulgate administrative regulations and adopt procedures and a trust document to implement this section and take all action necessary and appropriate to provide that the income of the trust fund shall not diminish or expand the rights of any recipients, employees, or dependents to health benefits.
  6. The establishment of the Kentucky Teachers’ Retirement System insurance trust fund shall not diminish or expand the rights of any recipients, employees, or dependents to health benefits.
  7. The trust fund established under this section, at the direction of the board of trustees, shall consist of amounts, excluding those amounts that have been deposited to an account established pursuant to 26 U.S.C. sec. 401(h) , that have been accumulated for the purpose of providing benefits as provided in KRS 161.675 , including:
    1. Contributions required under KRS 161.550 ;
    2. Contributions required under KRS 161.675 (4)(b); and
    3. Interest income from the investments of the fund from contributions received by the fund and from income earned on those investments.

History. Enact. Acts 2010, ch. 159, § 1, effective July 1, 2010; 2010, ch. 164, § 1, effective July 1, 2010.

Legislative Research Commission Note.

(7/1/2010). This section was created by 2010 Ky. Acts chs. 159 and 164, which do not appear to be in conflict and have been codified together.

161.680. Mistake in payment — Correction of error.

If any change or error in a record results in any individual receiving from the retirement system more or less than the individual was entitled to receive, the board of trustees shall, when the error is discovered, correct the error, and as far as practicable adjust the payments so that the actuarial equivalent of the benefit to which the individual was entitled shall be paid.

History. 4506b-50; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 539, effective July 13, 1990; 2004, ch. 121, § 24, effective July 1, 2004.

Compiler’s Notes.

This section (4506b-50) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 539, effective July 13, 1990.

Opinions of Attorney General.

This section cannot be applied retroactively to correct an error in granting a full year’s service credit for half-time teaching, as it was a teachers’ retirement system policy during the period of time involved to give such credit and therefore there was no mistake. OAG 73-270 .

A teacher who retires from his Kentucky teaching position without informing the teachers’ retirement system of any teaching service he may have accumulated as a teacher outside the state and whose annuity is calculated on the basis of his service in Kentucky cannot under this section be credited with his out-of-state service more than two years after the effective date of his retirement since a change or error in a record is not involved. OAG 74-671 .

161.690. Falsifying record prohibited.

No person shall knowingly make any false statement, nor shall any person falsify or permit to be falsified any record of the retirement system in an attempt to defraud the system.

History. 4506b-50; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 540, effective July 13, 1990.

Compiler’s Notes.

This section (4506b-50) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 540, effective July 13, 1990.

161.700. Funds exempt from taxation and process — Taxability after December 31, 1997 — Benefits not considered marital property. [Declared void — See LRC Note Below]

  1. Except as otherwise provided by this section and KRS 161.655(5), the right of a member to a retirement allowance and to the return of contributions, any benefit or right accrued or accruing to any person under KRS 161.220 to 161.716 , and the money in the various funds established pursuant to KRS 161.220 to 161.716 are hereby exempt from any state or municipal tax, and shall not be subject to execution, garnishment, attachment, or other process, and shall not be assigned.
  2. Notwithstanding subsection (1) of this section, retirement benefits accrued or accruing to any person under this retirement system on or after January 1, 1998, shall be subject to the tax imposed by KRS 141.020 , to the extent provided in KRS 141.010 and 141.0215 .
  3. Retirement allowance, disability allowance, accumulated account balance, or any other benefit under the retirement system shall not be classified as marital property pursuant to KRS 403.190(1), except to the extent permitted under KRS 403.190(4). Retirement allowance, disability allowance, accumulated contributions, or any other benefit under the retirement system shall not be considered as an economic circumstance during the division of marital property in an action for dissolution of marriage pursuant to KRS 403.190(1)(d), except to the extent permitted under KRS 403.190(4).
  4. Qualified domestic relations orders issued by a court or administrative agency shall be honored by the retirement system if:
    1. The benefits payable pursuant to the order meet the requirements of a qualified domestic relations order as provided by 26 U.S.C. sec. 414(p) . The retirement system shall follow applicable provisions of 26 U.S.C. sec. 414(p) in administering qualified domestic relations orders;
    2. The order meets the requirements established by the retirement system and by subsections (4) to (12) of this section. The board of trustees of the retirement system shall establish the requirements, procedures, and forms necessary for the administration of qualified domestic relations order by promulgation of administrative regulations in accordance with KRS Chapter 13A; and
    3. The order is on the form established by the retirement system pursuant to the retirement system’s authority provided under paragraph (b) of this subsection.
  5. A qualified domestic relations order shall not:
    1. Require the retirement system to take any action not authorized under state or federal law;
    2. Require the retirement system to provide any benefit, allowance, or other payment not authorized under state or federal law;
    3. Grant or be construed to grant the alternate payee any separate right, title, or interest in or to any retirement benefit other than to receive payments from the participant’s account in accordance with the administrative regulations promulgated by the system and as provided by subsections (4) to (12) of this section; or
    4. Grant any separate interest to any person other than the participant.
  6. Any qualified domestic relations order submitted to the retirement system shall specify the dollar amount or percentage amount of the participant’s benefit to be paid to the alternate payee. In calculating the amount to be paid to the alternate payee, the court or administrative agency that is responsible for issuing the order shall follow the requirements set forth in the administrative regulations promulgated by the board of trustees. Notwithstanding any other statute to the contrary, the board shall not be required to honor a qualified domestic relations order that does not follow the requirements set forth in the administrative regulations promulgated by the board of trustees.
  7. If the qualified domestic relations order meets the requirements established by the system and by subsections (4) to (12) of this section, payments to the alternate payee shall be distributed under the following conditions:
    1. If the participant is retired and is receiving a monthly retirement allowance, the month following the date the retirement system receives a qualified domestic relations order that complies with the administrative regulations promulgated by the retirement system and subsections (4) to (12) of this section; or
    2. If the participant is not retired, the month of the participant’s effective retirement date in which the first retirement allowance is payable to the participant or the month in which the participant receives a refund of his or her accumulated account balance as provided by KRS 161.470(6).
  8. An alternate payee’s benefits and rights under a qualified domestic relations order shall terminate upon the earlier of:
    1. The death of the participant;
    2. The death of the alternate payee; or
    3. The termination of benefits to the participant under any provision of KRS 161.220 to 161.716 .
  9. An alternate payee shall not receive a monthly payment under a qualified domestic relations order if the participant is not receiving a monthly retirement allowance.
  10. The cost of living adjustment provided to the participant pursuant to KRS 161.620 shall be divided between the participant and alternate payee in a qualified domestic relations order as follows:
    1. If the order specifies the alternate payee is to receive a percentage of the participant’s benefit, then the cost of living adjustment shall be divided between the participant and the alternate payee based upon the percentage of the total benefit each is receiving upon the participant’s retirement or upon the date the order is approved by the retirement system, whichever is later; or
    2. If the order specifies that the alternate payee is to receive a set dollar amount of the participant’s benefit, then the order shall specify that:
      1. The cost of living adjustment shall be divided between the participant and the alternate payee based upon the percentage of the total benefit each is receiving upon the participant’s retirement or upon the date the order is approved by the retirement system, whichever is later; or
      2. The alternate payee shall receive no cost of living adjustment.
  11. Except in cases involving child support payments, the retirement system may charge reasonable and necessary fees and expenses to the recipient and the alternate payee of a qualified domestic relations order for the administration of the qualified domestic relations order by retirement system. All fees and expenses shall be established by the administrative regulations promulgated by the board of trustees of the retirement system. The qualified domestic relations order shall specify whether the fees and expenses provided by this subsection shall be paid:
    1. Solely by the participant;
    2. Solely by the alternate payee; or
    3. Equally shared by the participant and alternate payee.
  12. The retirement system shall honor a qualified domestic relations order issued prior to July 15, 2010, for prospective benefit payments if the order or an amended version of the order meets the requirements established by this section and the administrative regulations promulgated by the retirement system. The order shall not apply to benefit payments issued by the retirement system prior to the date the order was approved by the retirement system.

If the order does not specify the division of the cost of living adjustment as required by this paragraph, then no cost of living adjustment shall be payable to the alternate payee. If no cost of living adjustment is provided to the alternate payee, then the participant shall receive the full cost of living adjustment he or she would have received if the order had not been applied to the participant’s account.

HISTORY: 4506b-51; amend. Acts 1980, ch. 206, § 14, effective July 1, 1980; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 541, effective July 13, 1990; 1995 (2nd Ex. Sess.), ch. 1, § 6, effective April 28, 1995; 1998, ch. 255, § 36, effective July 15, 1998; 2002, ch. 275, § 33, effective July 1, 2002; 2010, ch. 148, § 12, effective July 15, 2010; 2011, ch. 68, § 4, effective June 8, 2011; 2018 ch. 107, § 79, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

This section (4506b-51; amend. Acts 1980, ch. 206, § 14, effective July 1, 1980) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 541, effective July 13, 1990.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Application.
  3. Federal Taxes.
  4. Pensions.
1. Constitutionality.

Subsection (2) of this section is not a prohibited special law under Ky. Const., § 59. Waggoner v. Waggoner, 846 S.W.2d 704, 1992 Ky. LEXIS 189 ( Ky. 1992 ), cert. denied, 510 U.S. 932, 114 S. Ct. 346, 126 L. Ed. 2d 310, 1993 U.S. LEXIS 6585 (U.S. 1993).

Since subsection (2) of this section is rationally related to the legitimate objective of protecting teachers upon retirement, no infringement of spouse’s rights under equal protection was present. Waggoner v. Waggoner, 846 S.W.2d 704, 1992 Ky. LEXIS 189 ( Ky. 1992 ), cert. denied, 510 U.S. 932, 114 S. Ct. 346, 126 L. Ed. 2d 310, 1993 U.S. LEXIS 6585 (U.S. 1993).

2. Application.

The application of subsection (2) of this section was not invalidly retrospective. Waggoner v. Waggoner, 846 S.W.2d 704, 1992 Ky. LEXIS 189 ( Ky. 1992 ), cert. denied, 510 U.S. 932, 114 S. Ct. 346, 126 L. Ed. 2d 310, 1993 U.S. LEXIS 6585 (U.S. 1993).

By its plain language, KRS 403.190(4) was to be read in conjunction, not in conflict, with KRS 161.700(2); a ruling that a husband in a divorce case was allowed to exclude the full amount of his Kentucky Teachers’ Retirement System (KTRS) account from classification and division as marital property pursuant to KRS 161.700(2) was error because the wife’s SEP-IRA qualified as a retirement account under KRS 403.190(4), and, thus, the divisionary rules of KRS 403.190(4) limited the amount of KTRS funds that the husband was allowed to exclude. Shown v. Shown, 233 S.W.3d 718, 2007 Ky. LEXIS 192 ( Ky. 2007 ).

The clear, specific language of KRS 161.700(2) prevailed so as to exempt the entire amount of a husband’s teacher’s retirement account, even if that account was greater in value than the wife’s own 401(k) account; to hold otherwise would have improperly elevated the more general language of KRS 403.190(4) in derogation of the well-settled rule of statutory construction that a more specific provision was to take precedence over a more general provision. Boone v. Ballinger, 228 S.W.3d 1, 2007 Ky. App. LEXIS 133 (Ky. Ct. App. 2007).

3. Federal Taxes.

A state cannot exempt property from the federal income tax created by Congress, and therefore, a teacher’s retirement benefits were properly subject to garnishment by the IRS. United States v. McGuire, 552 F. Supp. 503, 1982 U.S. Dist. LEXIS 15057 (E.D. Ky. 1982 ).

4. Pensions.

Where the words in a statute are clear and unambiguous and express the legislative intent, there is no room for construction and the statute must be accepted as it is written; therefore as both subsection (2) of this section and KRS 403.190(4) are unambiguous in their language leaving no doubt that the legislature intended to exempt, as marital property, the entire pensions of a teacher and his/her spouse upon divorce. Turner v. Turner, 908 S.W.2d 124, 1995 Ky. App. LEXIS 84 (Ky. Ct. App. 1995).

That part of a teacher’s spouse’s pension which is over and above the value of the teacher’s plan should not be considered marital property; thus, even in a situation where the teacher/spouse has taught only a short time and has accrued a correspondingly small pension, and the other spouse has a large pension amassed after many years of work, the court is powerless to consider this “economic circumstance” when deciding how the other marital property is to be divided. Turner v. Turner, 908 S.W.2d 124, 1995 Ky. App. LEXIS 84 (Ky. Ct. App. 1995).

Family court did not err in excluding the husband’s retirement benefits from marital property because KRS 161.700 specifically exempts Kentucky Teachers’ Retirement System retirement benefits accumulated during the marriage from being classified as marital property subject to division. Brooks v. Brooks, 350 S.W.3d 823, 2011 Ky. App. LEXIS 111 (Ky. Ct. App. 2011).

Opinions of Attorney General.

Teachers are not required to pay the Kentucky income tax on amounts received by virtue of the “teachers’ retirement system.” OAG 65-69 .

The exemption granted by this section is inoperative against a levy properly made by the United States Internal Revenue Service under the Internal Revenue Code. OAG 67-424 .

The clear language of this section dictates that all allowances from retirement accounts be excluded from consideration during the division of marital property in a divorce action, regardless of the date of the deposit of said retirement funds. OAG 83-192 .

Subsection (2) of this section clearly specifies that any “retirement allowance” shall not be considered as marital property; therefore, any allowance that is owed and payable to the member after the effective date of that subsection (July 1, 1980), cannot be considered in a divorce proceeding. This section does not speak to the date of deposit of the retirement fund, only the date of allowance; therefore there is no authority for a court to consider any retirement funds, even those funds deposited prior to July 1, 1980, in a decision regarding the division of marital property in a divorce proceeding taking place after July 1, 1980. OAG 83-192 .

Research References and Practice Aids

Kentucky Bench & Bar.

Bland, The Bankruptcy Reform Act of 1978: An Overview, Vol. 44, No. 1, January 1980, Ky. Bench & Bar 8.

Northern Kentucky Law Review.

Schechter, Survey of Kentucky Family Law Cases, 20 N. Ky. L. Rev. 645 (1993).

Wintersheimer, State Constitutional Law Survey, 21 N. Ky. L. Rev. 257 (1994).

Schechter, Survey of Kentucky Family Law Decisions Rendered In 1993, 21 N. Ky. L. Rev. 387 (1994).

161.705. Voluntary contributions by or for member. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 79, § 2; 1964, ch. 43, § 17; 1974, ch. 395, § 19, effective July 1, 1974; 1978, ch. 152, § 19, effective March 28, 1978; 1982, ch. 166, § 35, effective July 15, 1982; 1984, ch. 302, § 9, effective July 13, 1984 which was repealed and reenacted by Acts 1990, ch. 476, Pt. V, § 542, effective July 13, 1990) was repealed by Acts 1992, ch. 192, § 18, effective July 1, 1992.

161.710. Local system merged with state system.

  1. The local retirement systems merged with the state retirement system under the provisions of 1938 Ky. Acts (1st Ex. Sess.), ch. 1, sec. 49, shall be discontinued. The payment of all benefits to members on the retired roll at the time of discontinuance shall become the obligation of the school district in which the local system was operated prior to its discontinuance. The method of determining and paying refundable deposits due members of the local system shall be as provided in 1938 Ky. Acts (1st Ex. Sess.), ch. 1, sec. 49.
  2. Payments to annuitants in cities of the first class or in areas formerly constituting a city of the first class which have been consolidated with their county shall not exceed the amount being received by them at the time the local retirement system is discontinued. The sum that remains after the death of all annuitants shall be used by the local board of education for general school purposes.
  3. The local board of education shall continue to invest the funds transferred to it for the benefit of the existing annuitants as long as such annuitants live. Such investment shall be governed by 1934 Ky. Acts, ch. 65, Art. IX, except that the local board of education is substituted for the board of trustees of the local retirement system. The local board of education shall keep all funds transferred to it by the local retirement system and all income from the investment of such funds in a separate fund to be known as the annuity fund. The local board of education may pay from the fund any reasonable expenses necessary for the fund’s administration and general management. The local board of education shall safeguard the fund by requiring such additional surety bond of the treasurer as it deems necessary, by providing for an annual audit by a reputable auditing firm, by spreading on the minutes of the board of education at least annually a report of investments, assets, and liabilities, and the names, addresses, and annuities of annuitants, and by making such an appropriation to the fund from local school revenues as will guarantee the full and complete discharge of all obligations to annuitants.

History. 4506b-49; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 543, effective July 13, 1990; 2002, ch. 346, § 175, effective July 15, 2002.

Compiler’s Notes.

This section (4506b-49) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 543, effective July 13, 1990.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Purpose.
  3. Rights of Employees on Merger.
  4. Payment from General Funds.
1. Constitutionality.

That portion of this section which authorized a special levy by the local board of education violated Ky. Const., § 51. Board of Education v. Louisville, 288 Ky. 656 , 157 S.W.2d 337, 1941 Ky. LEXIS 198 ( Ky. 1941 ).

Payment of teachers’ retirement pensions does not violate Ky. Const., §§ 3, 179, 181 nor 181a (now 181). Board of Education v. Louisville, 288 Ky. 656 , 157 S.W.2d 337, 1941 Ky. LEXIS 198 ( Ky. 1941 ).

2. Purpose.

This section is intended to recognize rather than impair the right of retired teachers. Board of Education v. Louisville, 288 Ky. 656 , 157 S.W.2d 337, 1941 Ky. LEXIS 198 ( Ky. 1941 ).

3. Rights of Employees on Merger.

Retired teachers belonging to a local system who have made mandatory contributions have a vested contract right to payment which may not be revoked or impaired. Board of Education v. Louisville, 288 Ky. 656 , 157 S.W.2d 337, 1941 Ky. LEXIS 198 ( Ky. 1941 ).

Merger of Louisville system with state system caused cessation of conditions for which Louisville retirement trust fund was created, justifying precipitation of right of beneficiaries. Louisville v. Board of Education, 291 Ky. 7 , 163 S.W.2d 23, 1942 Ky. LEXIS 170 ( Ky. 1942 ).

Where law under which Louisville teachers’ retirement system was established provided that teachers terminating their employment or dying before receiving any benefits should be entitled to the return of one-half of the contributions paid in by them, such teachers were entitled, upon the merging of the Louisville system with the state system, to an immediate return of one-half of their contributions, by virtue of the provisions of Acts 1938 (1st Ex. Sess.), ch. 1, § 49, without being required to wait until their employment was terminated. Louisville v. Board of Education, 291 Ky. 7 , 163 S.W.2d 23, 1942 Ky. LEXIS 170 ( Ky. 1942 ).

4. Payment from General Funds.

The intention of the legislature that local school districts shall continue liable for pensions due retired teachers under local retirement systems is so strong that, even though a special tax authorized for that purpose is unconstitutional, the districts must necessarily pay said obligations from general funds in order to effectuate said intention. Board of Education v. Louisville, 288 Ky. 656 , 157 S.W.2d 337, 1941 Ky. LEXIS 198 ( Ky. 1941 ).

Payments to retired teachers of pensions out of general school funds are for school purposes, and the legislature is authorized to so provide. Board of Education v. Louisville, 288 Ky. 656 , 157 S.W.2d 337, 1941 Ky. LEXIS 198 ( Ky. 1941 ).

161.712. Payments to teachers who worked prior to July 1, 1940. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1980, ch. 206, § 15, effective July 1, 1980, repealed and reenact. Acts 1990, ch. 476, Pt. V, § 544, effective July 13, 1990) was repealed by Acts 1996, ch. 359, § 20, effective July 1, 1996.

161.714. Inviolable contract — Exceptions. [Declared void — See LRC Note Below]

  1. For persons who became members in the Teachers’ Retirement System prior to January 1, 2019, it is hereby declared that in consideration of the contributions by members and in further consideration of benefits received by the state from the member’s employment, KRS 161.220 to 161.710 shall constitute an inviolable contract of the Commonwealth, and the benefits provided herein shall not be subject to reduction or impairment by alteration, amendment, or repeal, except:
    1. As provided in KRS 6.696 ; and
    2. The General Assembly reserves the right to amend, reduce, or suspend any legislative changes to the provisions of KRS 161.220 to 161.716 that become effective on or after July 1, 2018.
    1. For persons who become members in the Teachers’ Retirement System on or after January 1, 2019, the General Assembly reserves the right to amend, suspend, or reduce the benefits and rights provided under KRS 161.220 to 161.716 if, in its judgment, the welfare of the Commonwealth so demands, except that the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall not be affected. (2) (a) For persons who become members in the Teachers’ Retirement System on or after January 1, 2019, the General Assembly reserves the right to amend, suspend, or reduce the benefits and rights provided under KRS 161.220 to 161.716 if, in its judgment, the welfare of the Commonwealth so demands, except that the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall not be affected.
    2. For purposes of this subsection, the amount of benefits the member has accrued at the time of any amendment, suspension, or reduction shall be limited to the accumulated account balance the member has accrued at the time of amendment, suspension, or reduction.
    3. The provisions of this subsection shall not be construed to limit the General Assembly’s authority to change any other benefit or right specified by KRS 161.220 to 161.716, except the benefits specified by paragraph (b) of this subsection for members who begin participating in the Teachers’ Retirement System on or after January 1, 2019.
  2. The provisions of this section shall not be construed to limit the General Assembly’s authority to amend, reduce, or suspend the benefits and rights of members of the Teachers’ Retirement System as provided by KRS 161.220 to 161.716 that the General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2018.

HISTORY: Enact. Acts 1978, ch. 152, § 20, effective March 28, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 545, effective July 13, 1990; 1992, ch. 192, § 17, effective July 1, 1992; 1993 (1st Ex. Sess.), ch. 4, § 82, effective September 16, 1993; 2018 ch. 107, § 80, effective July 14, 2018.

Legislative Research Commission Notes.

(12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Compiler's Notes.

This section (Enact. Acts 1978, ch. 152, § 20, effective March 28, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 545, effective July 13, 1990.

Opinions of Attorney General.

Since the membership of the system is composed of all new teachers and all present teachers, the contract is not merely between the retired members of the system and the Commonwealth, but between the present teachers and all new teachers and the Commonwealth. OAG 81-416 .

The General Assembly is prohibited by this section, Const., § 19 and U.S. Const., art. I, § 10, from enacting any law which would impair or reduce the expected retirement benefit of any present or new teacher, or those benefits received by retired members; however, any amendment which would not reduce or impair benefits is not prohibited and the retirement system statutes may also be amended to affect those individuals who will become members of the system at a future date. OAG 81-416 .

161.715. Pensions for certain teachers not eligible for benefits under teachers’ retirement system. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 140, §§ 1, 2) was repealed by Acts 1976, ch. 351, § 23.

161.716. Federal laws take precedence over Kentucky statutes pertaining to Teachers’ Retirement System.

In the event that federal laws are in conflict with the Kentucky Revised Statutes pertaining to the Teachers’ Retirement System, federal laws shall take precedence. When necessary to comply with federal laws, the board of trustees may defer or stop payments of allowances until the conflict is resolved. The board of trustees shall adopt such regulations as are necessary to remove any conflicts with federal laws and to protect the interests of the members, survivors of members and the system.

History. Enact. Acts 1984, ch. 253, § 23, effective July 1, 1984; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 546, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 253, § 23, effective July 1, 1984) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 546, effective July 13, 1990.

Teachers’ Tenure

161.720. Definitions for teachers’ tenure law.

  1. The term “teacher” for the purpose of KRS 161.730 to 161.810 shall mean any person for whom certification is required as a basis of employment in the public schools of the state, with the exception of the superintendent.
  2. The term “year” as applied to terms of service means actual service of not less than seven (7) school months within a school year; provided, however, that any board of education may grant a leave of absence for professional advancement or military leave for active duty service with full credit for service.
  3. The term “limited contract” shall mean a contract for the employment of a teacher for a term of one (1) year only or for that portion of the school year that remains at the time of employment.
  4. The term “continuing service contract” shall mean a contract for the employment of a teacher which shall remain in full force and effect until:
    1. The teacher resigns or retires;
    2. The contract is terminated or suspended as provided in KRS 161.790 and 161.800 ; or
    3. For contracts entered into on or after July 1, 2019, the teacher begins employment in a district-level administrative position in a county school district in a county with a consolidated local government adopted under KRS Chapter 67C. For purposes of this section and KRS 161.730 to 161.810 , “district-level administrative position” means an administrative position in a local school district that has administrative-level duties and responsibilities that are not limited to one (1) school in the district.
  5. The term “continuing status” means employment of a teacher under a continuing contract.
  6. The term “standard” or “college” certificate for the purpose of KRS 161.730 to 161.810 shall mean any certificate issued upon the basis of graduation from a standard four (4) year college or completion of a local district alternative certification training program.
  7. The term “superintendent” for the purpose of KRS 161.765 shall mean the school officer appointed by a board of education under the authority of KRS 160.350 or any person authorized by law to perform the duties of that officer.
  8. The term “administrator” for the purpose of KRS 161.765 shall mean a certified employee, below the rank of superintendent, who devotes the majority of his or her employed time to service as a principal, assistant principal, supervisor, coordinator, director, assistant director, administrative assistant, finance officer, pupil personnel worker, guidance counselor, school psychologist, or school business administrator. The term “administrator” shall also include those assistant, associate, or deputy superintendents who do not fall within the definition of “superintendent” as set forth in subsection (7) of this section.
  9. The terms “demote” or “demotion” for the purpose of KRS 161.765 shall mean a reduction in rank from one (1) position on the school district salary schedule to a different position on that schedule for which a lower salary is paid. The terms shall not include lateral transfers to positions of similar rank and pay or minor alterations in pay increments required by the salary schedule.

History. Enact. Acts 1942, ch. 113, § 1; 1944, ch. 98; 1964, ch. 41, § 1; 1974, ch. 356, § 1; 1988, ch. 50, § 1, effective July 15, 1988; 1990, ch. 518, § 8, effective July 13, 1990; 1990, ch. 476, § 80, effective July 13, 1990; 1992, ch. 85, § 1, effective July 14, 1992; 1998, ch. 176, § 1, effective July 15, 1998; 2004, ch. 161, § 2, effective July 13, 2004; 2019 ch. 65, § 3, effective June 27, 2019.

NOTES TO DECISIONS

  1. Legislative Intent.
  2. Nature of Tenure.
  3. Continuing Service Contract.
  4. Certificate.
  5. Less Than Four Year Degree.
  6. Enforcement.
  7. Administrator.
  8. Resignation.
  9. Superintendent.
  10. Transfer to Noncertified Position.
  11. Demotion.
  12. Notification Requirements.
  13. Determining Type of Contract.
  14. Limited Contract.
1. Legislative Intent.

The legislative intent of subsection (8) of this section was not to classify as an administrator one who, incidental to his primary duties which are not administrative in nature, occasionally evaluates or supervises other board employees. Bradshaw v. Board of Education, 607 S.W.2d 427, 1979 Ky. App. LEXIS 541 (Ky. Ct. App. 1979).

2. Nature of Tenure.

Teacher tenure is statutory and not contractual, and the Legislature may abridge or destroy it. Gullett v. Sparks, 444 S.W.2d 901, 1969 Ky. LEXIS 234 ( Ky. 1969 ).

3. Continuing Service Contract.

Where continuing contract under teacher’s tenure law provided that services under the contract “are to be performed in such school or schools and/or in such position and at such place or places as may be designated by the superintendent of the district and approved by the board,” the board of education had the right to transfer the principal from one position to another and from one school to another on recommendation of the superintendent but his salary could not be reduced even though the contract stated it could be increased or decreased. Board of Education v. Hogge, 239 S.W.2d 459, 1951 Ky. LEXIS 885 ( Ky. 1951 ).

Board of education could transfer teacher under continuing service contract but could not reduce his salary unless the contract had been modified by mutual consent in writing. Huff v. Harlan County Board of Education, 408 S.W.2d 457, 1966 Ky. LEXIS 111 ( Ky. 1966 ).

Where teacher employed under continuing service contract as an elementary school principal, refused to accept transfer to position as principal of high school at same salary on ground he was not qualified and then was given position as teacher at reduced salary, he was entitled to judgment for difference between the old and new salaries. Huff v. Harlan County Board of Education, 408 S.W.2d 457, 1966 Ky. LEXIS 111 ( Ky. 1966 ).

A continuing service contract is a legislatively granted status rather than a real contractual right, and the legislature having created the status could abolish it regardless of any papers that the parties executed. Gullett v. Sparks, 444 S.W.2d 901, 1969 Ky. LEXIS 234 ( Ky. 1969 ).

The board of education improperly denied a continuing service contract to a teacher who taught continuously in the same district from 1958 through 1971 except for the 1966-67 school year, since under the provisions of KRS 161.740(1)(b) he was eligible for such a contract. Estill County Board of Education v. Rose, 518 S.W.2d 341, 1974 Ky. LEXIS 14 ( Ky. 1974 ).

Under subsection (4), a continuing service contract ends by operation of law on a teacher’s 65th birthday so that the teacher reverts to a nontenure status and may be employed at the discretion of the board of education upon a limited contract for one year at a time. Belcher v. Gish, 555 S.W.2d 264, 1977 Ky. LEXIS 505 ( Ky. 1977 ) (decided under prior law).

Tenured school teachers who were suspended because of decreased enrollment did not have a property right in continued employment and its benefits to entitle them to a pre-suspension hearing. Downs v. Henry County Bd. of Education, 769 S.W.2d 49, 1988 Ky. App. LEXIS 190 (Ky. Ct. App. 1988).

4. Certificate.

A certificate of professional standing may be abolished or limited by the legislature. Gullett v. Sparks, 444 S.W.2d 901, 1969 Ky. LEXIS 234 ( Ky. 1969 ).

5. Less Than Four Year Degree.

The General Assembly has the power to provide that teachers with less qualification than a four-year degree shall receive only a minimum salary and the fact that the motive of such a provision might be to make teaching so economically unattractive as to discourage the less-qualified teachers from continuing in service does not make the provision unfair. Gullett v. Sparks, 444 S.W.2d 901, 1969 Ky. LEXIS 234 ( Ky. 1969 ).

6. Enforcement.

The State Department of Education should use the means at its disposal to see that the provisions of the teachers’ tenure law are observed. Marshall v. Conley, 258 S.W.2d 911, 1953 Ky. LEXIS 893 ( Ky. 1953 ).

A teacher’s salary is established and paid by public officials and, as such, injunctive relief in the form of mandamus is an appropriate means of enforcing rights to salary during a teacher’s tenure in office. White v. Board of Education, 697 S.W.2d 161, 1985 Ky. App. LEXIS 631 (Ky. Ct. App. 1985).

7. Administrator.

An assistant principal with administrative tenure was an “administrator” within the meaning of subsection (8). Harlan County Board of Education v. Stagnolia, 555 S.W.2d 828, 1977 Ky. App. LEXIS 805 (Ky. Ct. App. 1977).

Where a high school classroom teacher also served as the head football coach at the school, the fact that during the time he was coach he had assistant coaches who were under his supervision was not enough to classify him as an administrator within subsection (8) of this section for the purpose of KRS 161.765 relating to the demotion of administrators, since his occasional supervision of other board employees was merely incidental to his primary duties which were not administrative in nature. Bradshaw v. Board of Education, 607 S.W.2d 427, 1979 Ky. App. LEXIS 541 (Ky. Ct. App. 1979).

An administrator is one who (1) holds a position categorized as an administrative position pursuant to subsection (8) of this section, or pursuant to approval by the State Board of Education of the position as a certified administrative position; and (2) is duly certified by the State Board of Education as an administrator. Petett v. Board of Education, 684 S.W.2d 7, 1984 Ky. App. LEXIS 529 (Ky. Ct. App. 1984).

The ordinary duties of a school principal differ greatly from those of a school teacher, as administrative personnel have either fiscal management duties and educational supervisory duties, or both, with responsibilities which are quite different from those of classroom teachers. The role of an administrator in carrying out policy and in formulating overall policy is also quite different from that of a teacher, and it is certainly not beyond reason that the legislature would deem it advisable not to give one whose supervisory and policy role is so different the same kind of job protection given to a classroom teacher. Hooks v. Smith, 781 S.W.2d 522, 1989 Ky. App. LEXIS 151 (Ky. Ct. App. 1989).

In suit by principal who was demoted to teacher, alleging that denial of his right to the pre-demotion hearing provided for administrators in KRS 161.765 deprived him of equal protection of the laws guaranteed by the Fourteenth Amendment of the U.S. Constitution and an exercise of arbitrary power prohibited by Ky. Const., § 2, since “administrators” as defined by subsection (8) of this section as it existed prior to its 1992 amendment did not include “principals” as “administrators”, the court employing the “rational basis scrutiny” held that since there were several distinctions between “principals” and “administrators”, there was a rational basis for the exclusion of “principals” from the definition of “administrators” and thus such exclusion did violate the Fourteenth Amendment of the U.S. Constitution or Ky. Const., § 2. 902 S.W.2d 842, 1995 Ky. App. LEXIS 77 .

8. Resignation.

Where plaintiff, a teacher, had been employed in one school district for six (6) successive years, resigned, taught in another school system the following year, again resigned, took a year off and then taught for three (3) years in a third school district before being released, he was entitled to no hearing under KRS 161.790 , since, although he had achieved tenure at his first position, when he resigned he lost his tenure by reason of subsection (4) of this section and subdivision (1)(c) of KRS 161.740 is inapplicable. Carpenter v. Board of Education, 582 S.W.2d 645, 1979 Ky. LEXIS 265 ( Ky. 1979 ).

9. Superintendent.

A superintendent is not afforded the protection of KRS 161.765 which deals exclusively with the procedure for demotion of administrative personnel. Floyd v. Board of Education, 598 S.W.2d 460, 1979 Ky. App. LEXIS 528 (Ky. Ct. App. 1979).

The office of superintendent is outside the scope of the provisions of the Teacher Tenure Act. Floyd v. Board of Education, 598 S.W.2d 460, 1979 Ky. App. LEXIS 528 (Ky. Ct. App. 1979).

10. Transfer to Noncertified Position.

Where a high school principal was transferred, at the same pay level, to a newly created position, as the supervisor of transportation for the school system, the transfer from a certified to a noncertified position amounted to “termination” as a “teacher” under subsections (1) and (4) of this section; accordingly the principal was entitled to a hearing as required by KRS 161.790 . Crawley v. Board of Education, 658 F.2d 450, 1981 U.S. App. LEXIS 18054 (6th Cir. Ky. 1981 ).

11. Demotion.

Where an educator is transferred to a position of less responsibility, and the transfer is not accompanied by an immediate major reduction in pay, but there is to be a reduction in a subsequent year, the transfer becomes a demotion when (and if) that reduction takes place. Accordingly, where principal was transferred to less responsible post but his salary remained the same, it could not be said that he had been demoted from one position on the salary schedule to a position for which a lower salary was paid. Stafford v. Board of Education, 642 S.W.2d 596, 1982 Ky. App. LEXIS 267 (Ky. Ct. App. 1982).

In the case of the demotion or reassignment of a probationary administrator, the provision in the definition of a school year covering seven months’ service only has meaning when coupled with the words “within a school year.” Thus an administrator must only serve seven months “within each school year” beginning July 1 and ending June 30 in order to have worked “three years” as an administrator. If such administrator has already worked seven months during his third school year or will have worked seven months before June 30 of his third year of administrative service, he must be notified of a demotion before May 15 of that year, under this section. Board of Educ. v. Paul, 846 S.W.2d 675, 1992 Ky. LEXIS 116 ( Ky. 1992 ).

12. Notification Requirements.

A full-time teacher in 1986-87 who had her 1987-88 contract reduced to half time, but received no notification of the reduction in responsibilities, was deemed reemployed for the succeeding school year which constituted her fourth year and satisfied the service requirement under the tenure law. Board of Educ. v. Powell, 792 S.W.2d 376, 1990 Ky. App. LEXIS 81 (Ky. Ct. App. 1990).

13. Determining Type of Contract.

Where the school board minutes did not disclose whether teacher/plaintiff’s contract was continuing or limited, resorting to other pertinent records was permissible. Board of Educ. v. Jones, 823 S.W.2d 457, 1992 Ky. LEXIS 6 ( Ky. 1992 ).

Where dismissed bus driver’s lack of legitimate expectation of continued employment within the Whitley County Schools was evidenced by both his contract of employment and by this section, he could not pursue a due process claim based upon the assertion of a property right. Creager v. Board of Educ., 914 F. Supp. 1457, 1996 U.S. Dist. LEXIS 6302 (E.D. Ky. 1996 ).

14. Limited Contract.

Where the employment contract signed by teacher was clearly designated a “Limited Contract of Employment” appearing in large block letters and in bold type, the document unequivocally designated the period of employment under the contract as one year and nowhere provided that her contract was one of a continuing nature or tenured status. Board of Educ. v. Jones, 823 S.W.2d 457, 1992 Ky. LEXIS 6 ( Ky. 1992 ).

Cited:

Redding v. Fincel, 311 Ky. 534 , 224 S.W.2d 671, 1949 Ky. LEXIS 1179 ( Ky. 1949 ); Board of Education v. Moore, 264 S.W.2d 292, 1953 Ky. LEXIS 1250 (Ky. Ct. App. 1953); Lewis v. Board of Education, 348 S.W.2d 921, 1961 Ky. LEXIS 42 ( Ky. 1961 ); Miller v. Noe, 432 S.W.2d 818, 1968 Ky. LEXIS 358 ( Ky. 1968 ); Bates v. Dause, 502 F.2d 865, 1974 U.S. App. LEXIS 6898 (6th Cir. Ky. 1974 ); Settle v. Camic, 552 S.W.2d 693, 1977 Ky. App. LEXIS 736 (Ky. Ct. App. 1977); Gaines v. Board of Education, 554 S.W.2d 394, 1977 Ky. App. LEXIS 759 (Ky. Ct. App. 1977); Kelly v. Board of Education, 566 S.W.2d 165, 1977 Ky. App. LEXIS 916 (Ky. Ct. App. 1977); Miller v. Board of Educ., 610 S.W.2d 935, 1980 Ky. App. LEXIS 414 (Ky. Ct. App. 1980); Board of Education v. Rothfuss, 639 S.W.2d 545, 1982 Ky. LEXIS 297 ( Ky. 1982 ); Banks v. Board of Education, 648 S.W.2d 542, 1983 Ky. App. LEXIS 281 (Ky. Ct. App. 1983); Young v. Board of Education, 661 S.W.2d 787, 1983 Ky. App. LEXIS 384 (Ky. Ct. App. 1983); Daugherty v. Hunt, 694 S.W.2d 719, 1985 Ky. App. LEXIS 587 (Ky. Ct. App. 1985); Matthews v. Holland, 912 S.W.2d 459, 1995 Ky. App. LEXIS 214 (Ky. Ct. App. 1995); Bailey v. Floyd County Bd. of Educ., 106 F.3d 135, 1997 FED App. 39P, 1997 U.S. App. LEXIS 1516 (6th Cir. 1997); Springer v. Bullitt County Bd. of Educ., 196 S.W.3d 528, 2006 Ky. App. LEXIS 183 (Ky. Ct. App. 2006).

Opinions of Attorney General.

Teachers at the Kentucky School for the blind are protected by the tenure law. OAG 60-1043 .

The tenure law only guarantees a teacher the right to continued employment within the school system of the contracting district and consequently a board of education may transfer a teacher from one position and/or school to another within the district. OAG 61-559 .

Since under KRS 161.760(3) (now (4)), a teacher has no right to employment in a particular position or school within the school district, the refusal to assume a tendered position, pursuant to the provisions of subsection (4) of this section, works a forfeiture of the right of continued employment, and a teacher who rejected tendered employment at the beginning of the school year but assumed another position in the same school district one month after the opening of school, is not entitled to be paid for the first month of the school year. OAG 70-150 .

A principal who has tenure in a school district who wishes to resign his supervisory position and retain tenure status by accepting a teaching position should request the school board for such a reassignment in order that his continuing service contract will remain in effect, but if the board denies the request for reassignment, he will have to continue to work at his principal’s post to keep his continuing service contract in effect. OAG 72-214 .

It is clear under subsections (1) and (4) of this section that resignation ends the continuing service contract provided for each teacher. OAG 72-214 .

Under subsection (4) of this section, a teacher’s right to tenure under a continuing service contract terminates on his sixty-fifth birthday and, if the employing board gives notice by May 15 that the teacher will not be employed after age 65, the teacher does not have either a continuing or a limited contract after age 65. OAG 73-232 (decided under prior law).

Under this section and KRS 161.740 , a local board of education may not require a master’s degree of a teacher in order to qualify for a continuing contract and, since teachers’ tenure is regulated by statute, it may not be altered by any regulations of a local board of education. OAG 73-421 .

It is within the legal discretion of the board of education to adopt a policy of compulsory retirement at age 65 or at any age between 65 and 70. OAG 73-456 (decided under prior law).

Teachers who were not granted professional leaves of absence and who obtained other employment forfeited their rights under the teachers’ tenure law. OAG 74-311 .

A person who has reached the age of 65 no longer has a continuing contract and therefore has no vested right to be employed or reemployed as a teacher. OAG 74-638 (decided under prior law).

Where the particular local board of education has adopted a policy of not employing any person 65 years of age or older, it may employ a person as director of pupil personnel under the implementation of state board of education regulation 40.220(2) rather than employ a fully certified and experienced person who is available in the county but who has attained the age of 65 years. OAG 74-638 (decided under prior law).

Upon reaching the age of 65 a school administrator no longer has a continuing service contract but may be employed on a limited contract from year to year until reaching the age of 70, the mandatory retirement age provided by KRS 161.600 (decided under prior law). OAG 75-2 .

Although KRS 161.765 applies to guidance counsellors, where a counsellor is reassigned as a teacher at the same salary he is not entitled to a hearing under KRS 161.765 since he has not been demoted within the meaning of this section. OAG 75-368 .

When a teacher transfers from the local board of education to the vocational school system, none of the teacher’s accrued benefits are carried over to the new position. OAG 76-151 .

Neither a teacher who has taught three hours per day for 185 school days nor a teacher who has taught full time for 94 school days may be considered to have a year of actual service for tenure purposes. OAG 76-278 .

A teacher who was employed as a substitute teacher for at least 140 school days in the 1972-73 and 1973-74 school years and who was employed as a regular teacher during the 1974-75 and 1975-76 school years would have tenure in the school system if employed by the board of education for the academic year of 1976-77. OAG 76-282 .

A teacher must be certified before commencing service which is to be credited toward the four years actual service in the same school district required for continuing service status. OAG 76-284 .

Where a teacher taught regularly in the school system for four years and received a continuing education contract and then during the next three years taught but was required to take many days leave of absence due to illness, was on maternity leave and then resigned from her teaching position and such resignation was accepted and the following year she requested to be considered for a position and was reemployed, such teacher should be reemployed and given a limited contract for the school year; however, if such teacher is recommended to the board by the superintendent for a contract for the following school year that contract will be for a continuing service status. OAG 76-490 .

The transfer from assistant principal to guidance counselor with an accompanying withdrawal of the pay increment provided for the position of assistant principal does not amount to a demotion. OAG 77-332 .

It would appear that a demotion involves at least two positions and, accordingly, when a school board changes only contract characteristics, specifically duration of the contract, of a single administrative position, this action does not constitute a demotion for the purposes of KRS 161.765 . OAG 78-148 .

A superintendent is specifically excluded from the definition of the term “administrator” in subsection (8) of this section. OAG 79-111 .

A teacher seeking benefits under KRS 161.661(1) while on leave of absence under KRS 161.770 has in effect terminated his or her tenure contract status and accompanying rights with the board of education when the teachers’ retirement system approves that teacher’s application for disability retirement, which means the teacher has “retired” for the purposes of KRS 161.720 to 161.810 ; and if the teacher, who has been granted leave of absence and accepted by the teachers’ retirement system for disability retirement benefits, then becomes able to return to work, the board of education no longer has to afford to that teacher his or her former tenure rights. OAG 79-157 .

There are no provisions in the tenure laws to preclude a teacher from being employed for additional years of employment past the age of 70 years on a limited year-to-year contract basis under this section. OAG 81-72 .

A teacher must teach at least 140 six-hour days in a 185-day school term in order to be given credit for a year under the tenure law. OAG 82-614 .

Where a teacher worked only one-half time in the school years 1976-77, 1977-78, 1978-79 and 1979-80 and did not in any school year teach at least 140 six-hour school days so as to be entitled to a year of credit towards tenure, the board of education had no legal right to award a continuing service contract to her after she had completed four years of part-time teaching and such contract was not binding and was void and could have no legal effect; in such instance, the board should issue a limited contract to such teacher after a majority vote on a motion before the board to do so and the minutes of the board should reference the previous minutes when the unlawful tenure contract had been approved. OAG 82-614 .

A teacher on a limited teaching contract only has a statutorily protected expectation of employment for a one-year term. OAG 84-43 .

The federal Age Discrimination in Employment Act, (ADEA) as amended effective January 1, 1987, preempts and makes invalid the upper age restrictions found in subsection (4) of this section; school boards may not have any employment practice affecting employees in the protected age range (which is age 40 and over) that is motivated by or the result of age, and tenured school employees in the protected age range may hold that tenure status or merit status until they resign, retire, or until their contracts are lawfully terminated or suspended. OAG 87-12 (withdrawing OAG 79-204 ; opinion prior to 1988 amendment.)

A teacher with tenure in one district must achieve tenure in the second district within the statutory time period. OAG 91-189 .

Under subsection (2) of this section, the part-time service of a teacher for school years 1988-1990 does not qualify for consideration for eligibility for tenure. OAG 91-189 .

Research References and Practice Aids

Kentucky Bench & Bar.

Wolnitzek, The Fair Demotion Act, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 23.

Education Law: Hiring and Termination Issues, Vol. 68, No. 5, Sept. 2004, Ky. Bench & Bar 17.

Kentucky Law Journal.

Kentucky Law Survey, Bratt, Education, 64 Ky. L.J. 293 (1975-76).

Comments, Constitutional Limitations on Mandatory Teacher Retirement, 67 Ky. L.J. 253 (1978-1979).

Kentucky Law Survey, Hanley and Schwemm, Education: Teacher’s Rights, 67 Ky. L.J. 721 (1978-1979).

Northern Kentucky Law Review.

Notes, School Law — Nonrenewal of Nontenured Teacher's Contract — Procedural Due Process —Wells v. Board of Regents, 545 F.2d 15, 1976 U.S. App. LEXIS 6054 (6th Cir. 1976) andPlummer v. Board of Regents, 552 F.2d 716, 1977 U.S. App. LEXIS 13918 (6th Cir. 1977), 5 N. Ky. L. Rev. 141 (1978).

161.721. Superintendent eligible for continuing contract status.

The superintendent shall be eligible for continuing contract status when he meets all requirements prescribed in KRS 161.720 to 161.810 for continuing contracts for teachers.

History. Enact. Acts 1944, ch. 98; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 615, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 98) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 615, effective July 13, 1990.

Opinions of Attorney General.

There is no conflict between this section and KRS 160.350 as, irrespective of when a superintendent becomes eligible for continuing contract status in the district, such status is not as to the position of superintendent of the school but just to employment in the school district. OAG 76-82 ; 76-99.

A local board of education may give a superintendent who is over 65 a contract for more than one year. OAG 79-213 .

While a superintendent is eligible for tenure in a school system, a person holding the position of local school superintendent is not per se covered by the teacher tenure laws. OAG 79-213 .

While a superintendent may acquire tenure in the same manner as for teachers, that does not make an appointment as a superintendent under KRS 160.350 , which is under an entirely different contractual basis and which may be for one, two, three or four years, employment where “teacher tenure” may be transferred to the position pursuant to KRS 161.740 ; thus, where a teacher attains tenure in one school system and then accepts the position of superintendent of schools in another school district, the superintendent would be required to attain tenure in the new school system by following this section. OAG 80-147 .

161.730. Limited or continuing contract with teachers required.

Each local district shall enter into written contracts, either limited or continuing, for the employment of all teachers.

History. Enact. Acts 1942, ch. 113, § 2; 1944, ch. 98; 1964, ch. 41, § 2; 1990, ch. 476, Pt. II, § 81, effective July 13, 1990.

NOTES TO DECISIONS

  1. Right to Continuing Contract.
  2. Length of Contract.
1. Right to Continuing Contract.

A teacher, eligible for a continuing contract, after having taught two (2) years under a limited contract, acquires no absolute right to a continuing contract upon subsequent reemployment under a limited contract. Payne v. Bush, 249 S.W.2d 789, 1952 Ky. LEXIS 867 ( Ky. 1952 ).

2. Length of Contract.

Where there was no formal contract of employment between assistant supervisor and the board as contemplated by this section, his reemployment could not be for less than two years as provided by KRS 161.750 and although the board had the unquestioned right to transfer him from position of assistant supervisor to teacher it had no authority to reduce his salary for the second year. Board of Education v. Moore, 264 S.W.2d 292, 1953 Ky. LEXIS 1250 (Ky. Ct. App. 1953) (Decision prior to 1964 amendment of KRS 161.750 ).

Where board reemployed principal year by year by accepting the recommendation of the superintendent and making a minute thereof despite the mandatory provision of KRS 161.750 that the reemployment may be for not less than two (2) years, his contract extended through two school years and his salary could not be reduced during the second year upon transfer to a position paying less compensation without charges being preferred against him under KRS 161.790 . Board of Education v. Justice, 268 S.W.2d 648, 1954 Ky. LEXIS 921 ( Ky. 1954 ) (Decision prior to 1964 amendment of KRS 161.750 ).

Cited:

Beverly v. Highfield, 307 Ky. 179 , 209 S.W.2d 739, 1948 Ky. LEXIS 682 ( Ky. 1948 ); Ford v. Jones, 372 F. Supp. 1187, 1974 U.S. Dist. LEXIS 9572 (E.D. Ky. 1974 ).

Opinions of Attorney General.

That a certain anticipated source or revenue fails to materialize cannot authorize a refusal by the local boards to honor the legal contractual obligations that exist with their teachers for at least a minimum school term. OAG 82-106 .

Even though the contracts entered into between local boards and their teachers fail to reference the minimum 185 day school term, these contracts could not be construed to cover any period less than the 185 school days established by statute since all full-time teachers in the public common schools have, by operation of law, a contract that entitles them to be paid for 185 school days, four of which are to be utilized as in-service and professional development and planning activities; accordingly, the teachers employed by the local school boards for the 1981-82 school year had a vested right to employment and salary for at least 185 school days and the possible reduction in state funds for teachers’ salaries for two mandated in-service days in no way could be used to divorce the local school districts from their preexisting obligation of contracts for a minimum school term of 185 days. OAG 82-106 .

Research References and Practice Aids

Cross-References.

Appointment of school employees, KRS 160.380 .

161.740. Eligibility for continuing service status — Limited status employee on approved military leave — Transfer of teachers — Reinstatement after service in Armed Forces — District-level administrative position in county with consolidated local government.

  1. Teachers eligible for continuing service status in any school district shall be those teachers who meet qualifications listed in this section:
    1. Hold a standard or college certificate as defined in KRS 161.720 or meet the certification standards for vocational education teachers established by the Education Professional Standards Board.
    2. When a currently employed teacher is reemployed by the superintendent after teaching four (4) consecutive years in the same district, or after teaching four (4) years which shall fall within a period not to exceed six (6) years in the same district, the year of present employment included, the superintendent shall issue a written continuing contract if the teacher assumes his or her duties, except as provided in subsection (4) of this section, and the superintendent shall notify the board of the action taken. A limited status employee on approved military leave shall be awarded service credit for each year of military service or each year of combined military and school service within a school year toward continuing contract status. If the leave time will qualify the teacher for continuing contract status, the local district may require the teacher to complete a one (1) year probationary period upon return. If required, the local district shall notify the teacher in writing within fourteen (14) days following receipt of the military leave request. Each day served in the General Assembly by a board of education employee during a regular or extraordinary session shall be included in the computation of a year as defined in KRS 161.720 (2).
    3. When a teacher has attained continuing contract status in one (1) district and becomes employed in another district, the teacher shall retain that status, except as provided in subsection (4) of this section. However, a district may require a one (1) year probationary period of service in that district before granting that status. For purposes of this subsection, the continuing contract of a teacher shall not be terminated when the teacher leaves employment, all provisions of KRS 161.720 to 161.810 to the contrary notwithstanding, and the continuing service contract shall be transferred to the next school district, under conditions set forth in this section, for a period of up to seven (7) months from the time employment in the first school district has terminated. Nothing contained herein shall be construed to give a teacher a right to reemployment in the first school district during the seven (7) month period following termination.
    4. Service credit toward a continuing contract shall begin only when a teacher is properly certified as defined in KRS 161.720(6) or, in the case of a vocational education teacher, when the required certification standards established by the Education Professional Standards Board have been met.
  2. Vocational education teachers fulfilling the requirements in subsection (1) of this section as of July 15, 1982, shall be eligible for continuing service status.
  3. Whether employed under a limited contract or continuing service contract status, any teacher or superintendent who has been or may be hereafter inducted into the Armed Forces of this country, shall at the expiration of service be reemployed or reinstated in a comparable position as of the beginning of the next school year, provided application is made at least thirty (30) days before the opening of school, unless physically or mentally incapacitated according to medical notations on official discharge papers. Vacancies created by military leaves shall be filled by teachers or superintendents employed by the board of education under a limited contract of one (1) year or less.
  4. Beginning July 1, 2019, a teacher employed in a district-level administrative position in a county school district in a county with a consolidated local government adopted under KRS Chapter 67C shall not be issued a written continuing contract. However, if a teacher had a written continuing contract prior to becoming employed in a district-level administrative position and transfers to another position in the district that is not a district-level administrative position, then the teacher shall revert to continuing service contract status. If the teacher becomes employed in another district, the teacher shall revert to continuing service contract status subject to the provisions of subsection (2)(c) of this section regarding probation and the time period for transferring a continuing service contract to another school district.

History. Enact. Acts 1942, ch. 113, § 3; 1944, ch. 98; 1954, ch. 60; 1964, ch. 41, § 3; 1974, ch. 185, § 1; 1982, ch. 354, § 1, effective July 15, 1982; 1982, ch. 401, § 1, effective July 15, 1982; 1990, ch. 476, Pt. II, § 82, effective July 13, 1990; 2001, ch. 136, § 3, effective June 21, 2001; 2004, ch. 161, § 3, effective July 13, 2004; 2019 ch. 65, § 4, effective June 27, 2019.

NOTES TO DECISIONS

  1. Administrator.
  2. Contracts.
  3. — Eligibility.
  4. — Continuing Contract.
  5. — — Approval by Board.
  6. — Determination of Type.
  7. — Nonrenewal.
  8. Reduction of Responsibilities.
  9. Reemployment.
  10. Transfer of Accumulated Benefits.
  11. Waiver of Rights.
1. Administrator.

Unlike a teacher, a school administrator, even one who has completed three years administrative service, is not ever granted a continuing service contract as an administrator. Hooks v. Smith, 781 S.W.2d 522, 1989 Ky. App. LEXIS 151 (Ky. Ct. App. 1989).

2. Contracts.
3. — Eligibility.

This section does not require teaching in the six (6) successive years immediately preceding the 1955-56 school year in its eligibility provisions. Cooksey v. Board of Education, 316 S.W.2d 70, 1957 Ky. LEXIS 3 ( Ky. 1957 ).

It is sufficient under this section for a teacher to have taught any six (6) years, hold a certificate as defined in KRS 161.720 and be employed for the school year 1955-56. Cooksey v. Board of Education, 316 S.W.2d 70, 1957 Ky. LEXIS 3 ( Ky. 1957 ).

Where teacher had taught three (3) consecutive years before signing a limited contract of two (2) years, she was entitled under the law to a continuing service contract at the end of the first year of the limited two-year contract. Moore v. Babb, 343 S.W.2d 373, 1960 Ky. LEXIS 105 ( Ky. 1960 ).

In 1963, to be eligible for continuing service status, the four years of service required did not need to be accumulated after a certificate had been obtained but could include years of service acquired prior to the time of obtaining a certificate. Whitley County Board of Education v. Meadors, 444 S.W.2d 890, 1969 Ky. LEXIS 230 ( Ky. 1969 ).

In 1971, a board of education improperly denied a continuing service contract to a teacher who had taught continuously in the same district from 1958 through 1971 except for the 1966-67 school year, since under the provisions of subsection (1)(b) of this section he was eligible for such a contract. Estill County Board of Education v. Rose, 518 S.W.2d 341, 1974 Ky. LEXIS 14 ( Ky. 1974 ).

Where teacher was employed under limited contract for four (4) years and her name was on the superintendent’s list of teachers eligible for continuing contracts but the school board voted not to hire her, in which action the superintendent acquiesced, such refusal to renew the contract was proper. Dorr v. Fitzer, 525 S.W.2d 462, 1975 Ky. LEXIS 104 ( Ky. 1975 ).

This section is applicable only during the fourth year of employment and not after that year is completed and a subsequent year begun. Singleton v. Board of Education, 553 S.W.2d 848, 1977 Ky. App. LEXIS 751 (Ky. Ct. App. 1977).

Where a teacher has completed the four-year probationary period under a limited contract, thus attaining eligibility for a continuing contract, this section and not KRS 161.750 is the controlling statute regarding notice and the giving of reasons requirements. Singleton v. Board of Education, 553 S.W.2d 848, 1977 Ky. App. LEXIS 751 (Ky. Ct. App. 1977).

Where a teacher’s contract for one school year called for his services as a half-day assistant principal, along with being the track coach and the assistant football coach, his contract as such required him to expend hours appreciably less than the regular school hours, and therefore, his contract for that year would not be credited toward a continuing service contract and would not be used in computing his tenure. Board of Education v. Rothfuss, 639 S.W.2d 545, 1982 Ky. LEXIS 297 ( Ky. 1982 ).

4. — Continuing Contract.

The law will not step in and vitiate an agreement limited as to time, which the teacher consented to teach under, and automatically enlarge it into a contract of unrestricted duration. Payne v. Bush, 249 S.W.2d 789, 1952 Ky. LEXIS 867 ( Ky. 1952 ).

Under this section tenure of teachers with seven (7) years of consecutive service extended beyond the time that the board of education had any authority to enter into limited contract, and when after such time had elapsed, new contracts were entered into, such new contracts could only have been continuing contracts. Taylor v. Hampton, 271 S.W.2d 887, 1954 Ky. LEXIS 1057 ( Ky. 1954 ).

A contract of employment for a period of time other than a regular school year, except for excused absences, does not qualify the teacher toward continuing contract status. Board of Education v. Rothfuss, 639 S.W.2d 545, 1982 Ky. LEXIS 297 ( Ky. 1982 ).

Tenured school teachers who were suspended because of decreased enrollment did not have a property right in continued employment and its benefits to entitle them to a pre-suspension hearing. Downs v. Henry County Bd. of Education, 769 S.W.2d 49, 1988 Ky. App. LEXIS 190 (Ky. Ct. App. 1988).

Although the teacher was employed for four consecutive years, the teacher was subsequently employed in a different capacity; therefore, because the teacher was not “currently employed,” the teacher was not denied a continuing service contract pursuant to KRS 161.740 (b)(1) when the offer of employment as a substitute teacher was extended. Jones v. Bd. of Educ. of Laurel County, 295 S.W.3d 120, 2008 Ky. App. LEXIS 345 (Ky. Ct. App. 2008).

5. — — Approval by Board.

The provision that “if the teacher is employed by the board” a continuing contract shall be issued, when construed in relation with KRS 160.380 which provides for recommended appointments of teachers, means that the board has an open choice whether or not to make the employment that will result in a continuation contract. Dorr v. Fitzer, 525 S.W.2d 462, 1975 Ky. LEXIS 104 ( Ky. 1975 ).

School board was entitled to reject a recommendation for a continuing contract for a teacher without a finding of cause. Dorr v. Fitzer, 525 S.W.2d 462, 1975 Ky. LEXIS 104 ( Ky. 1975 ).

6. — Determination of Type.

Where the school board minutes did not disclose whether teacher/plaintiff’s contract was continuing or limited, resorting to other pertinent records was permissible. Board of Educ. v. Jones, 823 S.W.2d 457, 1992 Ky. LEXIS 6 ( Ky. 1992 ).

7. — Nonrenewal.

Although teacher had not yet completed four years employment, she was entitled to notice and a statement of the reasons for the decision of the school board not to renew her contract. Sparks v. Board of Education, 549 S.W.2d 323, 1977 Ky. App. LEXIS 664 (Ky. Ct. App. 1977).

Teachers under limited contracts who completed four (4) years of teaching had neither a statutory nor an implied right under the Fourteenth Amendment to a statement of specific reasons for the failure of the board of education to extend a continuing contract. Singleton v. Board of Education, 553 S.W.2d 848, 1977 Ky. App. LEXIS 751 (Ky. Ct. App. 1977).

Where plaintiff, a teacher, was employed in one school district for six (6) successive years, resigned, taught in another school system the following year, again resigned, took a year off and then taught for three (3) years in a third school district before being released, he was entitled to no hearing under KRS 161.790 , since, although he had achieved tenure at his first position, when he resigned he lost his tenure by reason of subsection (4) of KRS 161.720 and subdivision (1)(c) of this section is inapplicable. Carpenter v. Board of Education, 582 S.W.2d 645, 1979 Ky. LEXIS 265 ( Ky. 1979 ).

8. Reduction of Responsibilities.

A full-time teacher in 1986-87 who had her 1987-88 contract reduced to half time, but received no notification of the reduction in responsibilities, was deemed reemployed for the succeeding school year which constituted her fourth year and satisfied the service requirement under the tenure law. Board of Educ. v. Powell, 792 S.W.2d 376, 1990 Ky. App. LEXIS 81 (Ky. Ct. App. 1990).

Where a teacher had a reduction of responsibilities without proper statutory notification for both the 1987-88 and 1988-89 school years, she was entitled to a full-time contract and full pay and benefits commensurate with her educational rank and teaching experience as determined by the school district’s approved salary schedule for the school years in question. Omitted contributions to the Kentucky Teachers Retirement System for 1987-88 and 1988-89 should also have been paid by the board and teacher in their proper proportions as determined by statutory law. Board of Educ. v. Powell, 792 S.W.2d 376, 1990 Ky. App. LEXIS 81 (Ky. Ct. App. 1990).

9. Reemployment.

This section provides that upon the recommendation of the superintendent of schools a teacher eligible for continuing service status shall be reemployed but this does not mean that he must be employed to teach in the same school in which he taught the preceding year. Ritchie v. Dunn, 297 Ky. 410 , 180 S.W.2d 284, 1944 Ky. LEXIS 738 ( Ky. 1944 ).

Where the plaintiff was employed as a teacher in this Commonwealth when he was inducted into military service, he was entitled to service credit for his military service, even though he was not reemployed by the same school system. Watkins v. Oldham, 731 S.W.2d 829, 1987 Ky. App. LEXIS 503 (Ky. Ct. App. 1987).

10. Transfer of Accumulated Benefits.

The sick leave statute and the tenure statute, as embodied in KRS 161.155 and in this section respectively, are both designed to protect a teacher by allowing transfer from one school district to another without losing accumulated benefits. Young v. Board of Education, 661 S.W.2d 787, 1983 Ky. App. LEXIS 384 (Ky. Ct. App. 1983).

11. Waiver of Rights.

Though teacher who had not worked the requisite four (4) years to attain tenure had received a tenure contract by mistake, school board did not waive its right to insist upon the qualifications in this section. Dause v. Bates, 369 F. Supp. 139, 1973 U.S. Dist. LEXIS 13495 (W.D. Ky. 1973 ), rev’d, 502 F.2d 865, 1974 U.S. App. LEXIS 6898 (6th Cir. 1974) (on other grounds).

Cited:

Lone Jack Graded School Dist. v. Hendrickson, 304 Ky. 317 , 200 S.W.2d 736, 1947 Ky. LEXIS 631 ( Ky. 1947 ); Beverly v. Highfield, 307 Ky. 179 , 209 S.W.2d 739, 1948 Ky. LEXIS 682 ( Ky. 1948 ); Redding v. Fincel, 311 Ky. 534 , 224 S.W.2d 671, 1949 Ky. LEXIS 1179 ( Ky. 1949 ); Welch v. Board of Education, 247 S.W.2d 536, 1952 Ky. LEXIS 722 ( Ky. 1952 ); Payne v. Stevens, 251 S.W.2d 469, 1952 Ky. LEXIS 924 ( Ky. 1952 ); Babb v. Moore, 374 S.W.2d 516, 1964 Ky. LEXIS 385 ( Ky. 1964 ); Snapp v. Deskins, 450 S.W.2d 246, 1970 Ky. LEXIS 436 ( Ky. 1970 ); Ford v. Jones, 372 F. Supp. 1187, 1974 U.S. Dist. LEXIS 9572 (E.D. Ky. 1974 ); Settle v. Camic, 552 S.W.2d 693, 1977 Ky. App. LEXIS 736 (Ky. Ct. App. 1977).

Opinions of Attorney General.

The board may, without cause, refuse to reemploy a teacher who has taught only two (2) years in the school district. OAG 61-567 .

This section does not require that the procurement of the college or standard certificate precede the four-year period of teaching within the district, and if a teacher who has taught four (4) years in a school district and subsequently received his college certificate is recommended for reemployment, he is eligible for a continuing contract. OAG 61-567 .

Under subsection (1)(b) of this section, a teacher who has four (4) years of service within the district and who satisfied the other requirements is eligible for continuing contract status, if he is recommended for reemployment, whether that service be consecutive or not. OAG 61-597 .

A teacher who holds a life extended teaching certificate based on less than graduation from a standard four-year college and who also holds an AB degree but has no teaching certificate based on that degree, does not meet the eligibility requirements for a continuing service contract, and the erroneous issue of such contract by a board of education is void. OAG 67-24 .

A teacher returning to employment with a board of education after being discharged from military service is entitled to those increments which normally would have accrued if employment with the board had not been interrupted by military service. OAG 70-709 .

The principles applicable to reinstatement of veterans in employment by the central branch of state government are equally applicable to employment with a board of education. OAG 70-709 .

Where a teacher left his teaching position to enter military service and remained in the service for 25 years, on his return to teaching he was not entitled to credit military service in determining his salary increments. OAG 71-416 .

A teacher who has taught in the same district and is recommended by the superintendent to be reemployed is issued a written continuing contract and the application blank a school board requires to be filled out and submitted each year does not constitute a contract. OAG 72-349 .

A teacher acquires tenure even while teaching out of his qualified field if he has been doing so upon a provisional certificate. OAG 72-637 .

A teacher who has taught four (4) out of the last six (6) years, is reemployed for a fifth year and who has a standard certificate has acquired tenure. OAG 72-637 .

A teacher who taught on a limited contract for four (4) years and was asked to resign after her fourth year with the understanding that she would be rehired and who was in fact rehired on her fifth limited contract would be eligible for tenure. OAG 72-664 .

Subsection (2) (now (3)) of this section which contains the term “reemployed or reinstated in a comparable position” means that the employment after military service must be comparable to the prior employment only as to compensation and employee benefits but the employment assignment need not be the same or comparable to the employment assignment prior to military service and the reemployed teacher is entitled to be credited with the same seniority he would have gained upon proper performance of his employment if it had not been interrupted for military duty and to receive the same increments he would have received. OAG 73-266 .

Subsection (2) (now (3)) of this section refers only to the armed forces of the United States, and has no reference to an elementary school principal being elected to the state legislature. OAG 73-322 .

When a shortage of funds necessitates the reduction of teaching personnel, the only statutory preference granted is to teachers with a continuing contract, and the school board upon the recommendation of the superintendent may reemploy or not reemploy such teachers as have a limited contract provided those not to be reemployed are notified by May 15th. OAG 73-383 .

Since teachers’ tenure is regulated by statute it may not be altered by any regulation of a local board of education and under this section and KRS 161.720 a local board of education may not require a master’s degree of a teacher in order to qualify for a continuing contract. OAG 73-421 .

When a teacher taught for four consecutive years in a school district, took a leave of absence for three (3) years, returned from her leave and taught two (2) consecutive years in the same district, she has by law a continuing service contract and is legally entitled to be reemployed in the coming year regardless of the notice she has received unless her contract is terminated for cause or her contract is suspended. OAG 73-486 ; 73-702.

Where a teacher with two years’ teaching experience in the county school system immediately prior to serving two (2) years in the armed forces from which he was recently discharged timely applied for reemployment in the school system, said teacher should be “reinstated or reemployed in a comparable position” in conformity with the interpretation of that phrase and it was improper to notify this veteran that he would not be reemployed as a teacher because of loss of units and funds in the school system. OAG 73-513 .

A teacher who had been employed for five consecutive years in one school district prior to July 1973, resigned his position in August 1973, and returned to his teaching position in January 1974 would be eligible for a limited contract but if at the end of the 1973-74 school year was reemployed, would then be eligible for a continuing contract by operation of law since he would meet all of the criteria of subsection (1)(b) of this section. OAG 74-31 .

When a teacher is relieved from military service and makes proper application to be reemployed, the school district is required to promptly reinstate the teacher with all the rights and benefits provided public employees by KRS 61.371-61.379 which supersedes KRS 161.740(2) (now (3)). OAG 74-258 .

The board does not have the option to delay, for one year, awarding a teacher who has served on four limited contracts, a continuing contract. OAG 74-290 .

A teacher who has tenure after the effective date of the 1974 amendment cannot be placed on probationary status in any school district in the state. OAG 74-370 .

When a teacher who has a continuing contract in one district transfers to another school district in the state, the employing district may employ the teacher with the understanding he is to be on probation for one year, but the employing board should include such a provision in the teacher’s contract and also record the condition in its official minutes. OAG 74-396 , modifying OAG 74-370 .

A teacher who had tenure but did not teach during the prior year because of dismissal or resignation can regain tenure in one year only by reemployment in the original district, and only then can the move be made to a new district without loss of the original tenure. OAG 74-421 .

A school board cannot confer tenure upon a teacher as a teacher acquires tenure by operation of law when the conditions of this section are fulfilled. OAG 74-580 .

Teachers who have not been on tenure in any system since the 1970-71 school year cannot be on tenure in the 1974-75 school year unless they have taught in the school district for four consecutive years or four out of the last six years and are now reemployed by the school district upon recommendation of the superintendent. OAG 74-580 .

There is only one class of tenure and it includes school administrators who are required to have certification by the state department of education and are therefore included under the term “teachers” under KRS 161.720 for the purpose of a continuing service contract. OAG 75-2 .

An individual, who has completed one year as an assistant principal and who for ten years just prior to said year was not employed in education and prior to the ten-year period, was a teacher on tenure, cannot be demoted without following the procedures of KRS 161.765 but under KRS 161.740 does not have tenure or a continuing contract and could be dismissed upon recommendation of the superintendent at the end of the school year without going through the procedures of KRS 161.790 . OAG 75-413 .

A teacher, after being employed for four (4) years as principal in a school which has now been closed and then being demoted to an elementary teacher, cannot be given a one-year contract for the coming year as this section provides that when a currently employed teacher is reemployed after teaching four consecutive years in the same district, he shall have a continuing contract. OAG 75-492 .

Where a teacher was employed by a board of education for four consecutive years from the 1970-71 school year through the 1973-74 school year, and where the teacher was rehired by the school board for the 1975-76 school year following his employment as a teacher in Ohio during the 1974-75 school year, the teacher was only eligible for a limited contract by the 1975-76 academic year, but upon reemployment for 1976-77, the teacher was entitled to a continuing status contract. OAG 76-277 .

Neither a teacher who has taught three (3) hours per day for 185 days nor a teacher who has taught full time for 94 school days may be considered to have a year of actual service for tenure purposes. OAG 76-278 .

A teacher who was employed as a substitute teacher for at least 140 school days in the 1972-73 and 1973-74 school years and who was employed as a regular teacher during the 1974-75 and 1975-76 school years would have tenure in the school system if employed by the board of education for the academic year of 1976-77. OAG 76-282 .

A board of education may not legally grant a continuing service contract to a teacher after only three (3) years of service in the district. OAG 76-282 .

A teacher must be certified before commencing service which is to be credited toward the four (4) years actual service in the same school district required for continuing service status. OAG 76-284 .

Years spent in military service are not to be considered toward the four-year requirement for tenure status. OAG 76-316 .

Where a teacher taught regularly in the school system for four (4) years and received a continuing education contract and then during the next three (3) years taught but was required to take many days leave of absence due to illness, was on maternity leave and then resigned from her teaching position and such resignation was accepted and the following year she requested to be considered for a position and was reemployed, such teacher should be reemployed and given a limited contract for the school year; however, if such teacher is recommended to the board by the superintendent for a contract for the following school year that contract will be for a continuing service status. OAG 76-490 .

In a renewal of a limited contract situation, the absence of a recommendation to the board not to renew must be considered as a positive recommendation for renewal of the contract and those teachers in that situation would have a teaching contract for the ensuing year. OAG 77-308 .

When a currently employed teacher who is eligible for continuing contract status is recommended for reemployment by the superintendent and the board votes favorably on that recommendation, the teacher is rehired and is entitled to tenure in the school system. OAG 77-413 .

Where a teacher, who had attained tenure with a common school system, left to teach for seven years at a state correctional facility, and then rejoined the common school system, he lost his tenure when he resigned the county teaching position to accept employment with the state and since he had not been employed by another public common school the provision of subsection (1)(c) of this section is inapplicable and thus he must satisfy the requirements for securing tenure. OAG 78-319 .

The language of subsection (1)(c) of this section calls for continuity of teacher service from one school district to another, and any other construction would permit lapse of unlimited time between teaching service in one school district and another; if the lapse has been long enough, a one-year probationary period could be wholly insufficient to afford an opportunity for the second school district to evaluate the teacher’s performance before a tenure contract would have to be considered. OAG 78-320 .

Although the chairman and secretary of the board of education, and the teacher, each signed a continuing service contract, the action would be ultra vires and void where the teacher had three (3) years of experience teaching, and a limited contract must issue. OAG 78-831 .

If a teacher moved from one school system where a tenure status contract was enjoyed in the 1973-1974 school year to another school system for the 1974-1975 school year, tenure status could have been given immediately or after a one-year probation but if the move had been made in the 1972-1973 school year, the school system would not have been at liberty to give a tenured contract two (2) years hence for 1974-1975 and a full four years’ service would have been required before a teacher would have been eligible for a tenure contract. OAG 79-28 .

Subsection (1)(c) of this section and KRS 161.155(3) are quite similar and should be construed consistently one with the other. OAG 79-148 .

Where a school teacher has obtained tenure in a continuing service contract in one school district and becomes employed in another district, he can either be immediately granted a tenured contract without a probationary one-year period in the new district or can be placed on a one-year probation period, but the new superintendent and board cannot, under this section, wait two (2), three (3) or four (4) years before granting tenure in a continuing service contract. OAG 81-68 .

A teacher must teach at least 140 six-hour days in a 185-day school term in order to be given credit for a year under the tenure law. OAG 82-614 .

Where a teacher worked only one-half (1/2) time in the school years 1976-77, 1977-78, 1978-79 and 1979-80 and did not in any school year teach at least 140 six-hour school days so as to be entitled to a year of credit towards tenure, the board of education had no legal right to award a continuing service contract to her after she had completed four (4) years of part-time teaching and such contract was not binding and was void and could have no legal effect; in such instance, the board should issue a limited contract to such teacher after a majority vote on a motion before the board to do so and the minutes of the board should reference the previous minutes when the unlawful tenure contract had been approved. OAG 82-614 .

Subdivision (1)(c) of this section, as amended in 1982, may be applied to any teacher who either had already resigned or who, since July 15, 1982, has resigned and seven months have not elapsed since the resignation; in either situation, at the time of the resignation, the teacher must have enjoyed continuing service contract status with the school district resigned from. OAG 82-619 .

A teacher who had taught the prerequisite four years and had been reemployed by a board for the fifth year but who resigned before signing a continuing contract, and before performing any work at the beginning of the fifth year, acquired tenure and where such teacher had resigned after accepting employment with second school system, which system required teachers who had tenure in another district to serve a one-year probationary period before being placed on tenure or continuing contract status, the teacher was entitled to a continuing service contract and tenure upon being reemployed by the second school system after serving the one-year’s probationary service. OAG 82-619 .

When a teacher with tenure in one district resigns and becomes employed in a second district, if the second district requires a year of probation, the teacher must complete probation during the time period that the teacher retains status in the former district. OAG 91-189 .

One time payments to teachers to induce retirement are constitutional under Ky. Const., § 3 as such payments are in consideration of public service. The key fact that makes these payments constitutional is the voluntary retirement of the teacher; such an act is a “present” service for which an emolument is paid, not a past service for which a gratuity is given. OAG 96-23 .

Research References and Practice Aids

Cross-References.

Appointment of school employees, KRS 160.380 .

Kentucky Law Journal.

Kentucky Law Survey, Bratt, Education, 64 Ky. L.J. 293 (1975-76).

Kentucky Law Survey, Hanley and Schwemm, Education: Teacher’s Rights, 67 Ky. L.J. 721 (1978-1979).

Northern Kentucky Law Review.

Notes, School Law — Nonrenewal of Nontenured Teacher's Contract — Procedural Due Process —Wells v. Board of Regents, 545 F.2d 15, 1976 U.S. App. LEXIS 6054 (6th Cir. 1976) andPlummer v. Board of Regents, 552 F.2d 716, 1977 U.S. App. LEXIS 13918 (6th Cir. 1977), 5 N. Ky. L. Rev. 141 (1978).

161.750. Nonrenewal of limited contracts.

  1. Any teacher employed under a limited contract may be reemployed under the provisions of KRS 161.720 to 161.810 for the succeeding school year at the same salary, plus any increment or decrease as provided by the salary schedule, upon notification of the board by the superintendent of schools that the contract of the teacher is renewed.
  2. If the superintendent does not renew the contract he shall present written notice to the teacher that the contract will not be renewed no later than May 15 of the school year during which the contract is in effect. Upon receipt of a request by the teacher, the superintendent shall provide a written statement containing the specific, detailed, and complete statement of grounds upon which the nonrenewal of contract is based.
  3. The teacher shall be presumed to have accepted employment, unless he notifies the superintendent of schools in writing to the contrary on or before the fifteenth day of June, and a written contract for the succeeding year shall be executed accordingly.

History. Enact. Acts 1942, ch. 113, § 4; 1944, ch. 98; 1964, ch. 41, § 4; 1970, ch. 169, § 1; 1976, ch. 103, § 1; 1990, ch. 476, Pt. II, § 83, effective July 13, 1990; 2008, ch. 113, § 4, effective April 14, 2008.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Construction.
  3. Notice.
  4. Reemployment.
  5. Action Against Board.
  6. Statement of Grounds.
  7. Hearing.
  8. Governmental Immunity.
1. Constitutionality.

Absent any showing of a compelling governmental interest, the alleged policy of a school board in showing preference for hiring natives of its county would have constituted an inherently suspect classification and, therefore, would have been unconstitutionally discriminatory and preferential in violation of Ky. Const., §§ 1, 2, and 3. Johnson v. Dixon, 501 S.W.2d 256, 1973 Ky. LEXIS 128 ( Ky. 1973 ).

2. Construction.

In this section, “may” has reference to the discretion of the board in employing teachers under limited contracts within the minimum and maximum limits provided by the statute. Board of Education v. Moore, 264 S.W.2d 292, 1953 Ky. LEXIS 1250 (Ky. Ct. App. 1953) (decision prior to 1964 amendment).

If the school board had reemployed a nontenured teacher for an additional school year or if he had not received written notice prior to May 15 of the year for which he was employed, then he would have a contract valid for the succeeding school year as provided by this section and his salary could not have been reduced except pursuant to KRS 161.760 . Bowlin v. Thomas, 548 S.W.2d 515, 1977 Ky. App. LEXIS 654 (Ky. Ct. App. 1977).

3. Notice.

Where board did not give teacher notice as required by this section of intention not to reemploy her a short delay in obtaining a renewal certificate from the state superintendent did not justify the board in denying her the right to teach and it was liable for her salary as teacher for the school term which she would have earned if she had taught. Ball v. Bunch, 324 S.W.2d 828, 1959 Ky. LEXIS 394 ( Ky. 1959 ).

Registered letters sent on May 1, 1973, to inform three teachers that their continuing service contract would expire on July 1, 1973, and would not be renewed met the requirements of subsection (2). Belcher v. Gish, 555 S.W.2d 264, 1977 Ky. LEXIS 505 ( Ky. 1977 ), (decision prior to 1976 amendment).

Although teacher had not yet completed four years employment, she was entitled to notice and a statement of the reasons for the decision of the school board not to renew her contract. Sparks v. Board of Education, 549 S.W.2d 323, 1977 Ky. App. LEXIS 664 (Ky. Ct. App. 1977).

Requirement of giving specific reasons upon request is not a condition of the validity of the school board’s action in not renewing a contract. Sparks v. Board of Education, 549 S.W.2d 323, 1977 Ky. App. LEXIS 664 (Ky. Ct. App. 1977).

Where a teacher has completed the four-year probationary period under a limited contract, thus attaining eligibility for a continuing contract, KRS 161.740 and not this section is the controlling statute regarding notice and the giving of reasons requirements. Singleton v. Board of Education, 553 S.W.2d 848, 1977 Ky. App. LEXIS 751 (Ky. Ct. App. 1977).

The underlying intent of subsection (2) is to insure untenured teachers ample notice of not being reemployed so that they will have adequate time to obtain employment elsewhere for the coming school year, and that the teacher has a right to know why he is not being reemployed, so that the situation may be corrected if it is within the power of the teacher to do so. Gaines v. Board of Education, 554 S.W.2d 394, 1977 Ky. App. LEXIS 759 (Ky. Ct. App. 1977).

The giving of timely written notice by the local superintendent of schools to two (2) untenured teachers that their contracts would not be renewed was sufficient to terminate their employment without the approval of the board of education. Gaines v. Board of Education, 554 S.W.2d 394, 1977 Ky. App. LEXIS 759 (Ky. Ct. App. 1977).

A full-time teacher in 1986-87 who had her 1987-88 contract reduced to half time, but received no notification of the reduction in responsibilities, was deemed reemployed for the succeeding school year which constituted her fourth year and satisfied the service requirement under the tenure law. Board of Educ. v. Powell, 792 S.W.2d 376, 1990 Ky. App. LEXIS 81 (Ky. Ct. App. 1990).

Where a teacher had a reduction of responsibilities without proper statutory notification for both the 1987-88 and 1988-89 school years, she was entitled to a full-time contract and full pay and benefits commensurate with her educational rank and teaching experience as determined by the school district’s approved salary schedule for the school years in question. Omitted contributions to the Kentucky Teachers Retirement System for 1987-88 and 1988-89 should also have been paid by the board and Powell in their proper proportions as determined by statutory law. Board of Educ. v. Powell, 792 S.W.2d 376, 1990 Ky. App. LEXIS 81 (Ky. Ct. App. 1990).

County’s procedure of notifying all nontenured teachers that they will not be rehired, when in practice most are, is obviously an attempt to “circumvent” this section. Gibson v. Board of Educ., 805 S.W.2d 673, 1991 Ky. App. LEXIS 31 (Ky. Ct. App. 1991).

Had the board of education provided a written statement of the actual reasons for refusing to rehire a nontenured teacher, as contemplated by subsection (2) of this section, its duty to him would have been fulfilled by the mailing of same to the teacher’s current address. Gibson v. Board of Educ., 805 S.W.2d 673, 1991 Ky. App. LEXIS 31 (Ky. Ct. App. 1991).

Subsection (2) of this section requires a statement, if requested, from the school board to the nontenured teacher giving the specific, detailed and complete reasons why the teacher is not being reemployed. Failure to provide the statement results in the nontenured teacher being reemployed automatically by operation of law in the school system. Thompson v. Board of Educ., 838 S.W.2d 390, 1992 Ky. LEXIS 130 ( Ky. 1992 ).

4. Reemployment.

Board has no right to contract for reemployment for one year only after employee has had a year’s service or after the termination of the first contract and such reemployment contracts will be held to be for successive two-year periods commencing from the expiration of the year’s service or after termination of the first contract. Board of Education v. Justice, 268 S.W.2d 648, 1954 Ky. LEXIS 921 ( Ky. 1954 ) (decision prior to 1964 amendment).

Where the defendant board of education entered into a “professional agreement” with the plaintiff education association outlining a five-step grievance procedure, this need not be utilized in a case where the board decides “not to reemploy” a teacher pursuant to subsection (2) of this section, since the board has an absolute right of dismissal which cannot be limited by contract. Board of Education v. Louisville Education Asso., 574 S.W.2d 310, 1977 Ky. App. LEXIS 931 (Ky. Ct. App. 1977).

In a civil rights suit brought under 42 USCS § 1983 and Kentucky law and asserting that a teacher was not rehired because of her union activities. Where the school superintendent admitted that he had made hiring decisions for district-wide positions the teacher was denied, and KRS 161.164 and 161.750 provided further support of the superintendent’s role in the hiring process, the teacher established, for summary judgment purposes, the causation element of her First Amendment retaliation claim, and because it had long been clear that discharging a public employee for engaging in protected speech and association violated the First Amendment, the superintendent was not entitled to qualified immunity against liability for that claim. Smith v. Floyd County Bd. of Educ., 401 F. Supp. 2d 789, 2005 U.S. Dist. LEXIS 29220 (E.D. Ky. 2005 ).

5. Action Against Board.

Nontenured teacher who brought suit alleging that the school board wrongfully failed to renew his teaching contract was not required to go through the useless act of requesting the board to give him specific reasons for his not being reemployed when the board had already stated its reasons in a letter notifying him of the nonrenewal of his contract. Bowlin v. Thomas, 548 S.W.2d 515, 1977 Ky. App. LEXIS 654 (Ky. Ct. App. 1977).

In a civil rights suit brought under 42 USCS § 1983 and Kentucky law and asserting that a teacher was not rehired because of her union activities, where the teacher failed to establish that a school board participated in, or should have participated in, the challenged hiring decisions, and KRS 161.164 and 161.750 indicated that the school board played no role in such hiring decisions, the teacher failed to establish causation and the school board was entitled to summary judgment on the teacher’s First Amendment retaliation claim. Smith v. Floyd County Bd. of Educ., 401 F. Supp. 2d 789, 2005 U.S. Dist. LEXIS 29220 (E.D. Ky. 2005 ).

6. Statement of Grounds.

Subsection (2) of this section requires a board of education to do more than merely recite its provision, it requires a board to provide substantive reasons for nonrenewal of a nontenured teacher’s contract. Phillips v. Board of Education, 580 S.W.2d 730, 1979 Ky. App. LEXIS 401 (Ky. Ct. App. 1979).

7. Hearing.

A school board neither has to rehire a teacher on a limited contract nor provide him with a hearing if he is not rehired. Gibson v. Board of Educ., 805 S.W.2d 673, 1991 Ky. App. LEXIS 31 (Ky. Ct. App. 1991).

8. Governmental Immunity.

In a civil rights suit brought under 42 USCS § 1983 and Kentucky law, specifically §§ 1, 2 and 8 of the Kentucky Constitution and KRS 161.164 and 161.750(2), a teacher asserted that she was not rehired because of her union activities. Because hiring school district employees is an act essential to the function of the school district, Kentucky’s governmental immunity protected the school district and the school superintendent, in his official capacity, from liability for the teacher’s state-law claims. Smith v. Floyd County Bd. of Educ., 401 F. Supp. 2d 789, 2005 U.S. Dist. LEXIS 29220 (E.D. Ky. 2005 ).

In a civil rights suit brought under 42 USCS § 1983 and Kentucky law, specifically §§ 1, 2 and 8 of the Kentucky Constitution and KRS 161.164 and 161.750(2), a teacher asserted that she was not rehired because of her union activities. For claims against the school superintendent in his individual capacity for hiring decisions in which he actually participated and or in which his role was unclear, the superintendent was not entitled to summary judgment; it had long been established that discharging or failing to hire or retain an employee because she engaged in protected speech was wrongful, so the superintendent was not entitled to qualified immunity from liability for those claims. Smith v. Floyd County Bd. of Educ., 401 F. Supp. 2d 789, 2005 U.S. Dist. LEXIS 29220 (E.D. Ky. 2005 ).

Cited:

Welch v. Board of Education, 247 S.W.2d 536, 1952 Ky. LEXIS 722 ( Ky. 1952 ); Cooksey v. Board of Education, 316 S.W.2d 70, 1957 Ky. LEXIS 3 ( Ky. 1957 ); Ford v. Jones, 372 F. Supp. 1187, 1974 U.S. Dist. LEXIS 9572 (E.D. Ky. 1974 ); Estill County Board of Education v. Rose, 518 S.W.2d 341, 1974 Ky. LEXIS 14 ( Ky. 1974 ); Fayette County Education Asso. v. Hardy, 626 S.W.2d 217, 1980 Ky. App. LEXIS 438 (Ky. Ct. App. 1980); Evans v. Montgomery County Bd. of Education, 712 S.W.2d 358, 1986 Ky. App. LEXIS 1125 (Ky. Ct. App. 1986); Matthews v. Holland, 912 S.W.2d 459, 1995 Ky. App. LEXIS 214 (Ky. Ct. App. 1995).

Opinions of Attorney General.

Mailing notice on May 15 to a teacher on a limited contract that his contract would not be renewed for the following year would not be effective where the notice could not possibly be received by him until a day or two later. OAG 71-338 .

When a continuing service contract terminates by operation of law at age 65 the status of the teacher then becomes the same as one who is employed under a limited contract, and unless notified before May 15 that he is not reemployed for the ensuing year the teacher has a limited contract for the next year. OAG 72-363 .

If a school board has given a written limited contract to a teacher between the ages of 65 and 70, but chooses in a subsequent year not to renew said contract, a statement that the board has a policy against employing teachers who have reached the age of 65 years is a sufficient reason for not renewing the teacher’s contract. OAG 73-231 (decided under prior law).

If a superintendent does not recommend a teacher for reemployment, that teacher’s contract does not automatically end with the school year as board of education action is absolutely necessary in order to create a contract or to deny a renewal of a contract which will otherwise be renewed by operation of law. OAG 74-661 .

A local board of education can direct the superintendent to make a recommendation relative to a teacher’s contract since a recommendation is required by law and may be a part of appropriately adopted local board policies; the refusal by a superintendent to make a recommendation could be considered legal cause for the superintendent’s removal. OAG 80-205 .

Although a superintendent could refuse to make a recommendation to the board of education regarding the renewal or not of a teacher’s contract, such refusal would be a neglect of a lawfully imposed duty. OAG 80-205 .

If there is no recommendation by a superintendent and no action by the board of education, the teacher will be deemed reemployed since the board of education unequivocally cannot vote for nonrenewal of a teacher’s contract absent a recommendation of the superintendent. OAG 80-205 .

The effect of a tie vote by a board of education on the renewal of a teacher’s contract is that the matter being voted upon has not been passed or approved. OAG 80-205 .

Where a board of education member abstains from voting in a rehire or fire situation, the member’s “pass” vote is to be counted as voting with the majority of those present and voting. OAG 80-205 .

A teacher who had taught the prerequisite four years and had been reemployed by a board for the fifth year but who resigned before signing a continuing contract, and before performing any work at the beginning of the fifth year, acquired tenure and where such teacher had resigned after accepting employment with second school system, which system required teachers who had tenure in another district to serve a one-year probationary period before being placed on tenure or continuing contract status, was entitled to a continuing service contract and tenure upon being reemployed by the second school system after serving the one-year’s probationary service. OAG 82-619 .

Research References and Practice Aids

Cross-References.

Teachers to be appointed after February 1, KRS 160.380 .

Kentucky Law Journal.

Kentucky Law Survey, Bratt, Education, 64 Ky. L.J. 293 (1975-76).

Comments, Constitutional Limitations on Mandatory Teacher Retirement, 67 Ky. L.J. 253 (1978-1979).

Kentucky Law Survey, Hanley and Schwemm, Education: Teacher’s Rights, 67 Ky. L.J. 721 (1978-1979).

Northern Kentucky Law Review.

Notes, School Law — Nonrenewal of Nontenured Teacher's Contract — Procedural Due Process —Wells v. Board of Regents, 545 F.2d 15, 1976 U.S. App. LEXIS 6054 (6th Cir. 1976) andPlummer v. Board of Regents, 552 F.2d 716, 1977 U.S. App. LEXIS 13918 (6th Cir. 1977), 5 N. Ky. L. Rev. 141 (1978).

161.760. Notice of salary to be paid to teacher — Increases — Reductions in responsibility.

  1. The superintendent of schools shall give notice not later than forty-five (45) days before the first student attendance day of the succeeding school year or June 15, whichever occurs earlier, to each teacher who holds a contract valid for the succeeding school year, stating the best estimate as to the salary to be paid the teacher during the year. The salary shall not be lower than the salary paid during the preceding school year, unless the reduction is a part of a uniform plan affecting all teachers in the entire district, or unless there is a reduction of responsibilities. Nothing herein shall prevent increases of salary after the superintendent’s annual notice has been given. All teachers who refuse assignment shall notify the superintendent in writing not later than thirty (30) days before the first student attendance day of the school year.
  2. Transfer or change in appointment of teachers later than thirty (30) days before the first student attendance day of the school year shall be made only to fill vacancies created by illness, death, or resignations; to reduce or increase personnel because of a shift in school population; to make personnel adjustments after consolidation or merger; or to assign personnel according to their certification pursuant to KRS 161.010 to 161.120 provided, in the latter instance, that the teacher was appointed to a position outside his or her field of certification in the previous year.
  3. Reduction of responsibility for a teacher may be accompanied by a corresponding reduction in salary provided that written notification stating the specific reason for the reduction shall be furnished to the teacher not later than ninety (90) days before the first student attendance day of the school year or May 15, whichever occurs earlier.
  4. Employment of a teacher, under either a limited or a continuing contract, is employment in the school district only and not in a particular position or school.

History. Enact. Acts 1942, ch. 113, § 5; 1944, ch. 98; 1964, ch. 41, § 5; 1970, ch. 169, § 2; 1982, ch. 338, § 1, effective July 15, 1982; 1982, ch. 362, § 1, effective July 15, 1982; 1990, ch. 476, Pt. II, § 84, effective July 13, 1990; 2002, ch. 78, § 1, effective July 15, 2002; 2008, ch. 113, § 5, effective April 14, 2008.

NOTES TO DECISIONS

  1. Application.
  2. Property Interest.
  3. Arbitrary Action.
  4. Particular Employees.
  5. — Administrators With Longer Tenure.
  6. — Superintendent.
  7. Demotion.
  8. — Grounds.
  9. Reduction of Responsibility.
  10. — Notice.
  11. — Reason.
  12. Reduction of Salary.
  13. — “Major” Reduction.
  14. — Uniform Plan of Reduction.
  15. Transfer.
1. Application.

This section applies to annual contract teachers and the notice required to alter their pay or reassign them; it does not apply to the demotion of tenured administrative personnel. Frisby v. Board of Education, 707 S.W.2d 359, 1986 Ky. App. LEXIS 1097 (Ky. Ct. App. 1986).

While this section is couched in terms only of “teachers” its provisions apply to school administrators as well, since, by definition, administrators are also teachers. Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

2. Property Interest.

Employment of a teacher is employment in the school district only and not in a particular position or school; therefore, a teacher has no constitutionally protected property interest in his or her present position. Banks v. Burkich, 788 F.2d 1161, 1986 U.S. App. LEXIS 24368 (6th Cir. Ky. 1986 ).

3. Arbitrary Action.

It is clear from the language of this section that the prohibition against arbitrary action applies to all public bodies and all public officials, e.g., school boards and school superintendents, in their assertion or attempted exercise of political power. Board of Educ. v. Jayne, 812 S.W.2d 129, 1991 Ky. LEXIS 51 ( Ky. 1991 ).

4. Particular Employees.
5. — Administrators With Longer Tenure.

Where subsection (1) of KRS 161.765 , which applies to an administrator with less than three years of administrative service, provides that procedural safeguards of this section concerning notice and reassignment must be complied with, subsection (2) of KRS 161.765 , which provides no such express requirement, must be read together with this section in order to furnish administrators of longer tenure with procedural safeguards in addition to those provided under this section. Miller v. Board of Educ., 610 S.W.2d 935, 1980 Ky. App. LEXIS 414 (Ky. Ct. App. 1980).

6. — Superintendent.

The office of superintendent is outside the scope of the provisions of the Teacher Tenure Act. Floyd v. Board of Education, 598 S.W.2d 460, 1979 Ky. App. LEXIS 528 (Ky. Ct. App. 1979).

7. Demotion.

Where an assistant principal was simply transferred to a position of less responsibility, which would command substantially less pay, but the transfer was not accompanied by an immediate major reduction in pay (and thus was not a demotion as defined), it nevertheless became a demotion when the pay was reduced in a subsequent year. Cooper v. Board of Education, 587 S.W.2d 845, 1979 Ky. App. LEXIS 473 (Ky. Ct. App. 1979).

The Circuit Court did not err in requiring the county board of education to pay a school principal who had been demoted to classroom teacher the same salary in the succeeding year after the demotion as he was paid in his last year as principal, where the school board had not yet acted on the superintendent’s recommendation and reduced the principal’s salary by May 15 of his last year as principal. Daugherty v. Hunt, 694 S.W.2d 719, 1985 Ky. App. LEXIS 587 (Ky. Ct. App. 1985).

In the case of the demotion or reassignment of a probationary administrator, the provision in the definition of a school year covering seven months’ service only has meaning when coupled with the words “within a school year.” Thus an administrator must only serve seven months “within each school year” beginning July 1 and ending June 30 in order to have worked “three years” as an administrator. If such administrator has already worked seven months during his third school year or will have worked seven months before June 30 of his third year of administrative service, he must be notified of a demotion before May 15 of that year, under KRS 161.760 . Board of Educ. v. Paul, 846 S.W.2d 675, 1992 Ky. LEXIS 116 ( Ky. 1992 ).

The Kentucky Board of Education’s failure to take official, and presumably final, action in informing school personnel of demotion prior to May 15 as provided by subsection (3) of this section and thus invalidating the demotion had been changed by the enactment of KRS 160.390 which effectively superseded the May 15 requirement and under the plain language of this section and KRS 160.390 made the superintendent’s action of demotion effective upon mere written notice to the affected employee of the action. Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

Since superintendent’s action in demoting school administrator was effective when administrator received notice of demotion from superintendent, while KRS 161.765 admittedly provides administrators with enhanced procedural protections, it does nothing to change the effective date of a demotion, and it is that effective date that controls for the purpose of the May 15 deadline set forth in this section and the fact that an administrator might contest the demotion, and thus the action might not become final for some time is of no consequence under KRS 160.390(2). Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

Subsection (2) of this section does not require finality to effect a reduction in salary and by its very terms KRS 160.390(2) makes the superintendent’s personnel action effective upon receipt of the written notice by the affected employee; therefore, where administrator received notice of demotion on April 26 followed by a specific statement of reasons for the demotion on May 9, the requirements of subsection (3) of this section were met. Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

8. — Grounds.

The grounds for a demotion of an administrator are left to the sound discretion of the superintendent and board of education so long as they do not act in an arbitrary or unreasonable manner. Board of Educ. v. Williams, 806 S.W.2d 649, 1991 Ky. App. LEXIS 10 (Ky. Ct. App. 1991).

9. Reduction of Responsibility.

Where a teacher had a reduction of responsibilities without proper statutory notification for both the 1987-88 and 1988-89 school years, she was entitled to a full-time contract and full pay and benefits commensurate with her educational rank and teaching experience as determined by the school district’s approved salary schedule for the school years in question. Omitted contributions to the Kentucky Teachers Retirement System for 1987-88 and 1988-89 should also have been paid by the board and Powell in their proper proportions as determined by statutory law. Board of Educ. v. Powell, 792 S.W.2d 376, 1990 Ky. App. LEXIS 81 (Ky. Ct. App. 1990).

10. — Notice.

Regarding notice of reduction of responsibility, actual notice is not sufficient to satisfy this section; written notification is required. Board of Educ. v. Williams, 806 S.W.2d 649, 1991 Ky. App. LEXIS 10 (Ky. Ct. App. 1991).

Where certified letter notifying teacher of his removal as vocational coordination and of a corresponding reduction in salary was delivered to the post office on May 13 and a return receipt placed in teacher’s box on that date but teacher did not pick up the letter until May 17, written notification was furnished teacher prior to May 15 as required by this section and his own failure to collect and read his mail does not negate that fact. Board of Educ. v. Williams, 806 S.W.2d 649, 1991 Ky. App. LEXIS 10 (Ky. Ct. App. 1991).

11. — Reason.

Where letter informing teacher of removal as a coordinator and of a corresponding reduction in salary stated that the reason for such replacement was that the position would be incorporated into the central office staff but superintendent in his disposition, stated that the reason for transferring the duties was that he had had “numerous complaints among the vocational staff there” but declined to identify who had complained or what the complaints involved, the reason stated in the letter was not the reason underlying the action, and the notification did not satisfy subsection (3) of this section. Board of Educ. v. Williams, 806 S.W.2d 649, 1991 Ky. App. LEXIS 10 (Ky. Ct. App. 1991).

When this section requires reasons, it means true reasons. Charges against a teacher must be specific enough for him to prepare a defense. Board of Educ. v. Williams, 806 S.W.2d 649, 1991 Ky. App. LEXIS 10 (Ky. Ct. App. 1991).

12. Reduction of Salary.

County board of education could not predicate any right to reduce school principal’s salary after August 1st upon the mere absence of a formal order reinstating his continuing contract suspended in March based on an order discontinuing school which order was rescinded in May and the board thereafter had a position in its school system for which he was qualified and to which the board assigned him in July. Board of Education v. Hogge, 239 S.W.2d 459, 1951 Ky. LEXIS 885 ( Ky. 1951 ) (decision prior to 1964 amendment).

While a principal holding a continuing contract under teacher’s tenure law could be transferred to a teaching position in another school his salary could not be reduced even though he was employed under a continuing contract stating his salary could be increased or decreased. Board of Education v. Hogge, 239 S.W.2d 459, 1951 Ky. LEXIS 885 ( Ky. 1951 ) (decision prior to 1964 amendment).

A board of education does not have the right to reduce the salaries of its school principals without a reduction in the salaries of its other teaching personnel, since the reduction of salaries of all principals in the district did not constitute a uniform plan affecting the entire teaching staff. Greenup County Bd. of Education v. Harper, 256 S.W.2d 37, 1953 Ky. LEXIS 718 ( Ky. 1953 ), but see Preuss v. Board of Education, 667 S.W.2d 391, 1984 Ky. App. LEXIS 448 (Ky. Ct. App. 1984).

This section says that if a teacher having continuing service status has been entrusted with a position of extra responsibility which carries extra compensation above the base salary, she shall be deemed to possess such experience, training and other qualifications as to command the higher pay, and is entitled to continue to receive the higher compensation by reason of such qualifications, without regard to whether she continues to be assigned extra duties. Board of Education v. Lawrence, 375 S.W.2d 830, 1963 Ky. LEXIS 193 ( Ky. 1963 ).

Although he had refused a position as high school principal on the ground he was not qualified and later learned he was qualified, the board of education could transfer an employe whose continuing service contract did not specify the school or class of position from elementary principal of one school to high school teacher in another school but it could not reduce his salary where the reduction was not part of a uniform plan affecting the entire district unless the continuing service contract was modified by mutual consent in writing. Huff v. Harlan County Board of Education, 408 S.W.2d 457, 1966 Ky. LEXIS 111 ( Ky. 1966 ).

A teacher was not estopped, by continuing to teach, from claiming his full former salary where his duties were reduced, but this section was not complied with as to salary reduction notification. Board of Education v. Stephens, 449 S.W.2d 421, 1970 Ky. LEXIS 467 ( Ky. 1970 ).

The failure of the board of education to notify a teacher by May 15 foreclosed the board’s right to reduce the teacher’s salary for the ensuing school year, even though it had reduced his duties from those of a principal to a teacher. Board of Education v. Stephens, 449 S.W.2d 421, 1970 Ky. LEXIS 467 ( Ky. 1970 ).

If the school board had reemployed a nontenured teacher for an additional school year or if he had not received written notice prior to May 15 of the year for which he was employed then he would have had a contract valid for the succeeding school year and his salary could not have been reduced except pursuant to the provisions of this section. Bowlin v. Thomas, 548 S.W.2d 515, 1977 Ky. App. LEXIS 654 (Ky. Ct. App. 1977).

Even though tenured teacher was aware of reduction in duties and salary for ensuing year by May 15 of preceding year, the board of education had no right to reduce his salary for the ensuing school year where it failed to give him timely notice in writing of the proposed reduction in salary. Settle v. Camic, 552 S.W.2d 693, 1977 Ky. App. LEXIS 736 (Ky. Ct. App. 1977).

Where a school board hired a math and science coordinator for 11 months, rather than nine and one-fourth (91/4) months at an increased salary, and therefore was aware of his position despite their claims that he was not officially hired in a capacity as a math and science coordinator, and where the board subsequently stripped him of his coordinating duties and reduced his salary without the recommendation of the superintendent, its action was arbitrary, capricious and void. Board of Education v. Garner, 556 S.W.2d 453, 1977 Ky. App. LEXIS 819 (Ky. Ct. App. 1977).

The notice required by this section to notify a teacher of the reason for reduction in his salary need not contain a specific reason for the reduction of that teacher’s responsibility. Bradshaw v. Board of Education, 607 S.W.2d 427, 1979 Ky. App. LEXIS 541 (Ky. Ct. App. 1979).

Where a notice of proposed demotion was sent to a school principal three (3) days after the May 15 statutory deadline for notice of reduction in salary under this section, there was no valid notice of reduction in salary or reassignment since the notice was only superintendent’s recommendation that she be demoted and the board of education had not yet acted on the superintendent’s recommendation. Miller v. Board of Educ., 610 S.W.2d 935, 1980 Ky. App. LEXIS 414 (Ky. Ct. App. 1980).

A school board must affirmatively act on a superintendent’s recommendation of a proposed demotion and notify the teacher involved of such action before May 15 in order for it to be effective; accordingly, where the superintendent’s recommendation that the administrator be demoted from director of pupil personnel to a position as a classroom teacher was made in April, but the board of education failed to act on the recommendation until June, the notice requirements of subsection (2) (now (3)) of this section were not complied with and the board’s action was void. Banks v. Board of Education, 648 S.W.2d 542, 1983 Ky. App. LEXIS 281 (Ky. Ct. App. 1983).

Although statutes do not require a school district to compensate its certified personnel for extra services, once extra compensation is paid, no reduction thereof may be made except in the two situations allowed by subsection (1) of this section. Preuss v. Board of Education, 667 S.W.2d 391, 1984 Ky. App. LEXIS 448 (Ky. Ct. App. 1984).

Where school system adopted new method of paying administrators which did not use the three components of base pay, extended pay and extra service pay, and principal’s extra service pay was thereby reduced even though his total salary increased, principal, and others in same position, did incur a salary reduction under this section; since administrators’ duties were not decreased and as they were not provided notice of the reduction in salary, the reductions were validly made only if the administrative salary schedule was a part of a uniform plan affecting the entire district. Preuss v. Board of Education, 667 S.W.2d 391, 1984 Ky. App. LEXIS 448 (Ky. Ct. App. 1984).

Where a reduction decreased a component of salary paid only to principals and not to teachers, i.e., the extra service component, it was necessary, in order to be uniform, only that all principals with the same education, experience and other classifying factors received the same pay throughout the entire system; where that was done the reduction in the salary component did not violate this section even though it applied only to administrators and not to teachers. Preuss v. Board of Education, 667 S.W.2d 391, 1984 Ky. App. LEXIS 448 (Ky. Ct. App. 1984).

13. — “Major” Reduction.

A 25 percent reduction in earnings as a result of transfer would be a major, as opposed to a minor, reduction in earnings. Cooper v. Board of Education, 587 S.W.2d 845, 1979 Ky. App. LEXIS 473 (Ky. Ct. App. 1979).

14. — Uniform Plan of Reduction.

The specific notice of the nature of that provided in subsection (3) of this section is not required as a condition precedent to implementation of a state-mandated plan encompassing all teachers simply because some teachers are affected more than others or perhaps some teachers are not affected at all. White v. Board of Education, 697 S.W.2d 161, 1985 Ky. App. LEXIS 631 (Ky. Ct. App. 1985).

“A uniform plan affecting all teachers in the entire district” does not mean that every teacher must suffer a like impact from a plan, or indeed any impact at all, rather, it means that a plan encompassing every teacher is valid notwithstanding that some teachers may be situated outside the scope of impact. White v. Board of Education, 697 S.W.2d 161, 1985 Ky. App. LEXIS 631 (Ky. Ct. App. 1985).

The clear wording of this section mandates that reductions in salary which are a part of “a uniform plan affecting all teachers in the entire district” may be had without the specific notice required in subsection (3) of this section; this latter section is designed to give notice only to those persons who have suffered a reduction in responsibility and corresponding reduction in salary outside of an overall plan affecting all teachers. White v. Board of Education, 697 S.W.2d 161, 1985 Ky. App. LEXIS 631 (Ky. Ct. App. 1985).

15. Transfer.

The provisions of this section prohibiting the transfer of a teacher after July 15, except for specific, statutory exceptions, are to be strictly construed; accordingly, where the superintendent, in early July, recommended the transfer of two teachers but the board failed to approve the transfer, consistently deadlocking on a 2-2 vote for several days beyond July 15, the board, in effect, failed to act on the recommendation and consequently, the circuit court’s finding that a de facto transfer had occurred was without authority and erroneous. Burkhart v. Board of Education, 649 S.W.2d 855, 1983 Ky. App. LEXIS 286 (Ky. Ct. App. 1983).

By the enactment of this statute the General Assembly of Kentucky clearly established that a teacher who has a contract to teach, has no absolute right to a particular teaching job in a particular school and the school boards have discretion to transfer teachers within their district. Board of Educ. v. Jayne, 812 S.W.2d 129, 1991 Ky. LEXIS 51 ( Ky. 1991 ).

Two (2) teachers who were transferred to other schools after failing to improve their pass/failure rate, suffered no injury as they suffered no loss of pay, and no loss of fringe benefits, nor was there evidence indicating that the decision of the superintendent and the school board was based on racial discrimination, gender discrimination, religious discrimination, or political activity discrimination and therefore Ky. Const., § 2 was not invoked. Board of Educ. v. Jayne, 812 S.W.2d 129, 1991 Ky. LEXIS 51 ( Ky. 1991 ).

Cited:

Board of Education v. Moore, 264 S.W.2d 292, 1953 Ky. LEXIS 1250 ( Ky. 1953 ); Board of Education v. Justice, 268 S.W.2d 648, 1954 Ky. LEXIS 921 ( Ky. 1954 ); Fayette County Education Asso. v. Hardy, 626 S.W.2d 217, 1980 Ky. App. LEXIS 438 (Ky. Ct. App. 1980); Bd. of Educ. of Erlanger-Elsmere Sch. Dist. v. Code, 57 S.W.3d 820, 2001 Ky. LEXIS 137 ( Ky. 2001 ); Pigue v. Christian County Bd. of Educ., 65 S.W.3d 540, 2001 Ky. App. LEXIS 79 (Ky. Ct. App. 2001).

Opinions of Attorney General.

There is no reduction in the salary of a coach who is transferred to a teaching position if the compensation paid for the extra duty of coaching is terminated when he stops performing coaching services. OAG 61-559 .

This section and KRS 161.780 are not in conflict since this section concerns termination of employment only and KRS 161.780 concerns refusal of an assignment. OAG 64-576 .

An individual who served as a principal of a high school during the 1970-71 school year, and was reduced to the position of a teacher in an elementary school for the school year of 1971-72, was entitled to the same salary he received as a high school principal, since he was not notified of the reduction until after May 15, 1971, as required by this section. OAG 72-72 .

A principal may not be given less increase in his over-all salary than the basic salary increase passed by the legislature for all teachers when all other teachers have received the stipulated increase. OAG 72-390 .

A school board may not reduce a principal’s extra pay for extra services without also making a reduction in the extra services accordingly. OAG 72-390 .

If an elementary school principal was granted a leave of absence to serve in an elective office, he would not be entitled to his original position upon the termination of his leave of absence, but could be assigned by the board of education to any position. OAG 73-322 .

No right upon the part of the teacher to have a hearing against the decision of the board in making the reassignment is implicit in this section and such decision can only be challenged upon the grounds that it is arbitrary. OAG 73-342 .

When a school board decides to demote a principal or teacher it should give him notice prior to May 15th as provided by this section, together with a statement of the causes for demotion, and within a reasonable time it should notify him of a given date between May 15th and July 1st upon which he may have a hearing if he desires one. OAG 74-96 , modifying OAG 73-342 .

As the superintendent is the executive agent of the board of education and has the responsibility to carry out the lawful orders of the board, the order of the board eliminating the position of deputy superintendent for the year 1973-74 and to so notify the incumbent is a lawful order but the incumbent must be notified by May 15 that his salary for the next year will be reduced or he will be entitled to at least the same salary he received during the present year. OAG 73-378 .

When a board of education officially decides to eliminate a position or not to fill a position for the coming year and to employ the person filling the eliminated position in a position of reduced responsibility and salary, it is necessary that the employee be notified that his position and salary will be reduced for the coming year before May 15 and the superintendent and the board will than have until July 1 to decide on the new position for said employee. OAG 73-378 ; OAG 76-360 .

School board may withhold an increment from a teacher’s salary where teacher did not conform to board policy requiring normal progress toward an M.A. degree, subject to the provisions of former KRS 157.420 . OAG 74-290 .

When the superintendent has not recommended a reduction in duties and salary and when a proper notice has not been given stating the reasons therefor by May 15, the board of education may not on its own volition vote a reduction in salary. OAG 74-625 .

There is no provision in this section which gives a teacher a right to a supervisory position because of his seniority, since the assignment of teachers and principals is entirely within the discretion of the school board. OAG 74-757 .

Notice of the amount of a reduction in compensation due to the reduction or elimination of extra service must be given along with the notice of the reduction in extra service by May 15. OAG 75-339 .

Serving as a coach or assistant coach of a school team is extra service as contemplated in this section. OAG 75-339 .

A teacher who also is a coach may resign his coaching duties without resigning as a teacher and upon such resignation may be assigned to teach in another school in the district. OAG 75-397 .

Not permitting a husband and wife to teach in the same building is a legitimate exercise of the power of the school board. OAG 75-532 .

Although an outgoing superintendent of a county school system had the responsibility for making the recommendations for contracts for the limited contract personnel for the next school term by May 15, the new superintendent could determine position assignments of the certified personnel in the school system up to July 15. OAG 76-290 .

A teacher who was hired to teach and placed in a reading position by the board does not have a claim to that position and her rights would not be violated if the principal and the superintendent later feeling it would be in the best interest of the school transferred the teacher to a fifth grade class in the same school, for a teacher, whether under limited or continuing contract, is employed in the school district only and not in a particular position or school and a teacher may be reassigned by the school board, upon recommendation by the superintendent, up to July 15 and after this date reassignment of certified personnel may be made only under the limited circumstances provided for in subsection (1) (now (2)) of this section. OAG 76-436 .

Where because of budgetary considerations a county board of education must reduce the number of administrative personnel through the elimination of administrative positions, those individuals who have not completed three years of administrative service in the school system must first be recommended for demotion. OAG 77-282 .

If by May 15 a county board of education has not notified a certified employee who has held the position of athletic director that he will no longer be assigned that position and the reasons therefor and that there will be a reduction in pay, the board would be foreclosed from reducing that employee’s salary for the upcoming school year. OAG 77-573 .

The dates specified in subsection (1) of this section are actual and no changes in the salary schedule may be made for the following school year thereafter, unless a deficit would otherwise result. OAG 78-641 .

While a clear obligation rests with the local school superintendent to professionally advise and to prepare salary schedules, the local board is in a position of adopting as is or modifying the tendered salary schedule as it, in exercising its discretion consistent with state laws and budgetary constraints, deems necessary. OAG 78-641 .

If employment of a teacher is going to be linked to a particular position or responsibility, such as coaching, the superintendent should recommend accordingly; and by like token the board of education is not at liberty to, in essence, vote upon only part of the recommendation. OAG 80-205 .

For individuals who have failed to hold administrative positions in a school district for at least three years, the school district is not required to implement the due process procedures including a hearing outlined in KRS 161.765 , but must only follow this section. OAG 82-135 .

Seniority is not required by statute to come into play in deciding which administrative employees to transfer as a result of reductions; however, school districts may adopt a procedure of considering seniority as a factor in a reduction of administrators situation. OAG 82-135 .

Since the Court of Appeals has concluded that an administrator protected by KRS 161.765 should also have the benefit of the procedural safeguards of subsection (2) (now subsection (3)) of this section, if a school district, with the recommendation of the local superintendent, intends to demote an administrator with three or more years administrative service, the written notice of demotion and the opportunity for a due process hearing under KRS 161.765 must be completed before May 15. OAG 82-135 .

Teachers and administrators, even those with more than three years of administrative service who are protected under KRS 161.765 , do not have a statutorily protected right to a particular teaching or administrative position. OAG 82-135 .

Where a local board of education has been paying a supplement to a teacher or a specific group of teachers for a period of several years, and then decides to reduce the supplement by a small amount over a period of years, with the intent to eliminating it, the board is not required to show that reduction when providing its July 1st best estimate of salaries or salaries to be paid to the teacher or group of teachers. OAG 85-87 .

A superintendent may change assignments of personnel prior to July 16 without creating “vacancies” as defined by KRS 160.380(1)(b) (now (1)(c)), but after July 15, when positions are occupied by personnel as assigned by the superintendent, and when certified position openings occur due to resignation, dismissal, transfer, death, nonrenewal of contract, or creation of new positions, those openings constitute “vacancies” under KRS 160.380(1)(b) (now (1)(c)). OAG 91-149 .

Employment of teachers is deemed to be employment in the district, not in a particular position or school, consequently, assignments of position and school, under certain conditions, do not constitute transfers when those assignments are different from previous assignments of position and school. OAG 91-149 .

While the superintendent is responsible for personnel actions including, among other things, hiring and assignments, to the extent that the local board is responsible for control and management of school funds, the board may determine the amount of extended employment and compensation for personnel employed beyond the 185 day period; any reduction in salary to a teacher (which includes most administrators for purposes of the teachers tenure law), must be accompanied by appropriate notice. OAG 92-29 .

Research References and Practice Aids

Kentucky Bench & Bar.

Wolnitzek, The Fair Demotion Act, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 23.

Treatises.

Caldwell’s Kentucky Form Book, 5th Ed., Complaint Against School District for Reduction of Salary as Part of Uniform Plan, Form 333.04.

161.765. Procedures for demotion of administrative personnel — Appeal.

  1. A superintendent may demote an administrator by complying with the requirements of KRS 161.760 when the administrator:
    1. Has not completed three (3) years of administrative service, not including leave granted under KRS 161.770 ; or
    2. Is in a district-level administrative position in a county school district in a county with a consolidated local government adopted under KRS Chapter 67C.
  2. Except for an administrator described in subsection (1)(b) of this section, an administrator who has completed three (3) years of administrative service, not including leave granted under KRS 161.770 , cannot be demoted unless the following procedures have been complied with:
    1. The superintendent shall give written notice of the demotion to the board of education and to the administrator. If the administrator wishes to contest the demotion, he or she shall, within ten (10) days of receipt of the notice, file a written statement of his or her intent to contest with the superintendent. If the administrator does not make timely filing of his or her statement of intent to contest, the action shall be final.
    2. Upon receipt of the notice of intent to contest the demotion, a written statement of grounds for demotion, signed by the superintendent, shall be served on the administrator. The statement shall contain:
      1. A specific and complete statement of grounds upon which the proposed demotion is based, including, where appropriate, dates, times, names, places, and circumstances;
      2. The date, time, and place for a hearing, the date to be not less than twenty (20) nor more than thirty (30) days from the date of service of the statement of grounds for demotion upon the administrator.
    3. Upon receipt of the statement of grounds for demotion the administrator shall, within ten (10) days, file a written answer. Failure to file such answer, within the stated period, will relieve the board of any further obligation to hold a hearing and the action shall be final. The board shall issue subpoenas as are requested.
    4. The hearing on the demotion shall be public or private, at the discretion of the administrator and shall be limited to the matters set forth in the written statement of grounds for demotion. The board shall provide to the administrator a verbatim transcript of the hearing. The board of education shall hear the case, with the board chairman presiding. The board, upon hearing the evidence and argument presented, shall retire to private chambers to arrive at a decision. Counsel or representatives for either party in the hearing shall not be consulted by the board unless the corresponding counsel or representatives for the other party are present and unless a verbatim transcript of such consultation is made for the record.
    5. Within five (5) days from the close of the hearing, the board of education shall advise the parties of its decision and shall take official action in the case.
    6. Appeal from final board action may be taken in the same manner and under the same provisions as an appeal from tribunal action under KRS 161.790 .

History. Enact. Acts 1974, ch. 356, § 2; 1990, ch. 476, Pt. IV, § 283, effective July 13, 1990; 2019 ch. 65, § 5, effective June 27, 2019.

NOTES TO DECISIONS

  1. Application.
  2. Administrators.
  3. — Generally.
  4. — Longer Tenure.
  5. — Probationary.
  6. Superintendent.
  7. Continuing Service Contract.
  8. Statement of Grounds for Demotion.
  9. Untimely Notification of Demotion.
  10. Lateral Transfer.
  11. Removal.
  12. Reinstatement.
  13. Hearing.
  14. Appeal.

3. —Generally.

1. Application.

The language of this section would seem to indicate that it was intended to apply to disciplinary actions against tenured school administrators for it refers to giving complete and specific grounds upon which the proposed demotion is based including dates, names, places and circumstances; provides for a hearing of the grounds which may be in private at the request of the administrator; and provides that the board, upon hearing the evidence and argument of counsel, shall decide the issue. Cooper v. Board of Education, 587 S.W.2d 845, 1979 Ky. App. LEXIS 473 (Ky. Ct. App. 1979).

The Kentucky Board of Education’s failure to take official, and presumably final, action in informing school personnel of demotion prior to May 15 as provided by KRS 161.760 (3) and thus invalidating the demotion had been changed by the enactment of KRS 160.390 which effectively superseded the May 15 requirement and under the plain language of KRS 161.760 and 160.390 made the superintendent’s action of demotion effective upon mere written notice to the affected employee of the action. Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

Since superintendent’s action in demoting school administrator was effective when administrator received notice of demotion from superintendent, while this section admittedly provides administrators with enhanced procedural protections, it does nothing to change the effective date of a demotion, and it is that effective date that controls for the purpose of the May 15 deadline set forth in KRS 161.760 and the fact that an administrator might contest the demotion, and thus the action might not become final for some time is of no consequence under KRS 160.390(2). Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

Language is plain: once an administrator completes three years of administrative service, not including any leaves of absence, he or she is entitled to the statute’s procedural safeguards; the statute does not require that the administrative service occur in the same school district. Hardin v. Jefferson Cty. Bd. of Educ., 558 S.W.3d 1, 2018 Ky. App. LEXIS 217 (Ky. Ct. App. 2018).

Phrase “three years of administrative service, not including leave granted under Ky. Rev. Stat. Ann. § 161.770 ” in Ky. Rev. Stat. Ann. § 161.765 plainly means exactly what it appears to mean: the three-year prerequisite period of § 161.765 does not include any time an administrator spends on leave pursuant to Ky. Rev. Stat. Ann. § 161.770 . Hardin v. Jefferson Cty. Bd. of Educ., 558 S.W.3d 1, 2018 Ky. App. LEXIS 217 (Ky. Ct. App. 2018).

2. Administrators.
3. — Generally.

An administrator is one who (1) holds a position categorized as an administrative position pursuant to KRS 161.720(8), or pursuant to approval by the State Board of Education of the position as a certified administrative position; and (2) is duly certified by the State Board of Education as an administrator. Petett v. Board of Education, 684 S.W.2d 7, 1984 Ky. App. LEXIS 529 (Ky. Ct. App. 1984).

This section requires that an administrative position itself be certificated and that the employee also be specifically certified for the position, before the due process provisions of this section are triggered; thus, where the employee held an administrative position, but he was not certified as such by the State Board of Education, he was therefore not technically qualified for such position, so that his transfer from the position of health coordinator to teacher was made according to law, and his due process rights were not offended. Petett v. Board of Education, 684 S.W.2d 7, 1984 Ky. App. LEXIS 529 (Ky. Ct. App. 1984).

The ordinary duties of a school principal differ greatly from those of a school teacher, as administrative personnel have either fiscal management duties and educational supervisory duties, or both, with responsibilities which are quite different from those of classroom teachers. The role of an administrator in carrying out policy and in formulating overall policy is also quite different from that of a teacher, and it is certainly not beyond reason that the legislature would deem it advisable not to give one whose supervisory and policy role is so different the same kind of job protection given to a classroom teacher. Hooks v. Smith, 781 S.W.2d 522, 1989 Ky. App. LEXIS 151 (Ky. Ct. App. 1989).

4. — Longer Tenure.

Where subsection (1) of this section, which applies to an administrator with less than three years of administrative service, provides that procedural safeguards of KRS 161.760 concerning notice and reassignment must be complied with, subsection (2) of this section, which provides no such express requirement, must be read together with KRS 161.760 in order to furnish administrators of longer tenure with procedural safeguards in addition to those provided under KRS 161.760. Miller v. Board of Educ., 610 S.W.2d 935, 1980 Ky. App. LEXIS 414 (Ky. Ct. App. 1980).

5. — Probationary.

In the case of the demotion or reassignment of a probationary administrator, the provision in the definition of a school year covering seven months’ service only has meaning when coupled with the words “within a school year.” Thus an administrator must only serve seven months “within each school year” beginning July 1 and ending June 30 in order to have worked “three years” as an administrator. If such administrator has already worked seven months during his third school year or will have worked seven months before June 30 of his third year of administrative service, he must be notified of a demotion before May 15 of that year, under KRS 161.760 . Board of Educ. v. Paul, 846 S.W.2d 675, 1992 Ky. LEXIS 116 ( Ky. 1992 ).

3. —Generally.

Administrator had completed five years of administrator service prior to the decision to demote him: three years in one county and two years in another; he was entitled to the procedural safeguards before being demoted, the school system failed to afford him those protections, and the circuit court erred in finding that the administrator failed to state a claim. Hardin v. Jefferson Cty. Bd. of Educ., 558 S.W.3d 1, 2018 Ky. App. LEXIS 217 (Ky. Ct. App. 2018).

6. Superintendent.

A superintendent is not afforded the protection of this section which deals exclusively with the procedure for demotion of administrative personnel. Floyd v. Board of Education, 598 S.W.2d 460, 1979 Ky. App. LEXIS 528 (Ky. Ct. App. 1979).

7. Continuing Service Contract.

Unlike a teacher, a school administrator, even one who has completed three (3) years administrative service, is not ever granted a continuing service contract as an administrator. Hooks v. Smith, 781 S.W.2d 522, 1989 Ky. App. LEXIS 151 (Ky. Ct. App. 1989).

8. Statement of Grounds for Demotion.

Where notice to school counselors only stated that demotion was based upon required reduction of expenditures and did not say why expenditures were required to be reduced, why the reduction should be applied to the counselors as opposed to reducing some other expenditure, why a particular counselor was selected as opposed to another counselor or other administrator of equal pay and rank, where the specific budget adjustment was made nor when a budget would be adopted for that year or if one had been adopted, such notice was inadequate. Hartman v. Board of Education, 562 S.W.2d 674, 1978 Ky. App. LEXIS 477 (Ky. Ct. App. 1978).

Where statement of grounds for school principal’s demotion gave specific occasions with dates in some instances and in others, where dates were not given, the nature of the allegations were such that citing specific dates or occasions would not seem necessary to permit principal to formulate a defense, the statement sufficiently complies with the specificity and completeness of subsection (2)(b) of this section. Miller v. Board of Educ., 610 S.W.2d 935, 1980 Ky. App. LEXIS 414 (Ky. Ct. App. 1980).

Since this section does not set forth the grounds necessary to demote a school administrator who has completed three (3) years of administrative service nor even state a specific requirement of “cause” for demotion, the grounds are left to the sound discretion of the local superintendent and board of education, subject to the limitation that the grounds not be arbitrary or unreasonable or otherwise violative of a right protected by the state or federal Constitution. Miller v. Board of Educ., 610 S.W.2d 935, 1980 Ky. App. LEXIS 414 (Ky. Ct. App. 1980).

Where superintendent’s letter to administrator, while arguably containing only general statements of charges against administrator alluded to past correspondence between the two that set forth in some detail the source of the superintendent’s dissatisfaction with administrator’s performance, administrator was sufficiently informed of the specific reasons for his demotion and corresponding reduction in salary. Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

Subsection (2)(b)(1) of this section protects administrators from demotions based on vague, unsubstantiated or generalized allegations of misconduct. The provision exists to allow administrators to know the specific nature of the charges against them, in order to evaluate the accusation intelligently and prepare for a hearing on the matter. Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

Although superintendent failed to set out a date, time and place for the hearing on the demotion of the administrator in letter sent to administrator informing him of the reasons for his demotion, where administrator requested and received a twenty-five (25) day continuance, the failure to comply with the technical requirements of subsection (2)(b)(2) of this section in no way compromised his defense, and no prejudice resulted. Estreicher v. Board of Educ., 950 S.W.2d 839, 1997 Ky. LEXIS 88 ( Ky. 1997 ).

9. Untimely Notification of Demotion.

A school board must affirmatively act on a superintendent’s recommendation of a proposed demotion and notify the teacher involved of such action before May 15 in order for it to be effective; accordingly, where the superintendent’s recommendation that the administrator be demoted from director of pupil personnel to a position as a classroom teacher was made in April, but the board of education failed to act on the recommendation until June, the notice requirements of subsection (2) (now (3)) of KRS 161.760 were not complied with and the board’s action was void. Banks v. Board of Education, 648 S.W.2d 542, 1983 Ky. App. LEXIS 281 (Ky. Ct. App. 1983).

The Circuit Court did not err in requiring the county board of education to pay a school principal who had been demoted to classroom teacher the same salary in the succeeding year after the demotion as he was paid in his last year as principal, where the school board had not yet acted on the superintendent’s recommendation and reduced the principal’s salary by May 15 of his last year as principal. Daugherty v. Hunt, 694 S.W.2d 719, 1985 Ky. App. LEXIS 587 (Ky. Ct. App. 1985).

10. Lateral Transfer.

This section cannot be evaded by the expedient of a lateral transfer to a position of less responsibility in one year followed by a reduction in pay in a succeeding year when the duties of the new position at the time of the transfer were so significantly less as to have justified a major reduction in pay at the time of transfer. Cooper v. Board of Education, 587 S.W.2d 845, 1979 Ky. App. LEXIS 473 (Ky. Ct. App. 1979).

Where an assistant principal was simply transferred to a position of less responsibility, which would command substantially less pay, but the transfer was not accompanied by an immediate major reduction in pay (and thus was not a demotion as defined), it nevertheless became a demotion when the pay was reduced in a subsequent year. Cooper v. Board of Education, 587 S.W.2d 845, 1979 Ky. App. LEXIS 473 (Ky. Ct. App. 1979).

A 25 percent reduction in earnings as a result of transfer would be a major, as opposed to a minor, reduction in earnings. Cooper v. Board of Education, 587 S.W.2d 845, 1979 Ky. App. LEXIS 473 (Ky. Ct. App. 1979).

Where an educator is transferred to a position of less responsibility, and the transfer is not accompanied by an immediate major reduction in pay, but there is to be a reduction in a subsequent year, the transfer becomes a demotion when (and if) that reduction takes place. Accordingly, where principal was transferred to less responsible post but his salary remained the same, it could not be said that he had been demoted from one position on the salary schedule to a position for which a lower salary was paid. Stafford v. Board of Education, 642 S.W.2d 596, 1982 Ky. App. LEXIS 267 (Ky. Ct. App. 1982).

11. Removal.

An administrator has been given no right of tenure to an administrative position and may be removed from such position by the local board of education upon recommendation of the superintendent for any reason not offending some right protected by the state or federal constitutions or KRS 161.162 (repealed). Hooks v. Smith, 781 S.W.2d 522, 1989 Ky. App. LEXIS 151 (Ky. Ct. App. 1989).

12. Reinstatement.

Where school principal had been demoted after a Roman circus type hearing by a school board biased against him, and based on testimony of a group of teachers similarly biased against him to the point they had agitated for his removal, the board’s decision was arbitrary and unreasonable and the trial court’s order reinstating the principal would be affirmed. Hart County Board of Education v. Broady, 577 S.W.2d 423, 1979 Ky. App. LEXIS 376 (Ky. Ct. App. 1979).

13. Hearing.

Under this section, an administrator must be afforded a hearing in the event of demotion regardless of the reason for the demotion. Harlan County Board of Education v. Stagnolia, 555 S.W.2d 828, 1977 Ky. App. LEXIS 805 (Ky. Ct. App. 1977).

Where an assistant principal was an administrator with tenure and, subsequent to his termination, was reemployed as an elementary school teacher, he was in fact demoted and was entitled to a hearing. Harlan County Board of Education v. Stagnolia, 555 S.W.2d 828, 1977 Ky. App. LEXIS 805 (Ky. Ct. App. 1977).

The vote of the board of education to demote a school principal need not be held in public. Miller v. Board of Educ., 610 S.W.2d 935, 1980 Ky. App. LEXIS 414 (Ky. Ct. App. 1980).

This section, as amended in 1990 to eliminate principals’ right to a hearing before demotion while protecting lesser administrators, did not deny equal protection where one basis for eliminating the right of principals to the cumbersome procedural safeguards of other administrators was to permit the swift removal of principals who may be in a unique position to hinder easy implementation of the Kentucky Education Reform Act (KERA); therefore, there was a legitimate distinction between principals and other administrators supporting the sweep of the tenure statute. Arney v. Campbell, 856 F. Supp. 1203, 1994 U.S. Dist. LEXIS 9120 (W.D. Ky. 1994 ).

In suit by principal who was demoted to teacher, alleging that denial of his right to the pre-demotion hearing provided for administrators in this section deprived him of equal protection of the laws guaranteed by the Fourteenth Amendment of the U.S. Constitution and an exercise of arbitrary power prohibited by Ky. Const., § 2, since “administrators” as defined by subsection (8) of KRS 161.720 as it existed prior to its 1992 amendment did not include “principals” as “administrators”, the court employing the “rational basis scrutiny” held that since there were several distinctions between “principals” and “administrators”, there was a rational basis for the exclusion of “principals” from the definition of “administrators” and thus such exclusion did violate the Fourteenth Amendment of the U.S. Constitution or Ky. Const., § 2. 902 S.W.2d 842, 1995 Ky. App. LEXIS 77 .

14. Appeal.

Where a teacher received unequivocal notice that she would be demoted from an administrative position and reassigned as a special education teacher, and she failed to appeal the school board’s action for approximately 15 months, her claim was properly dismissed. Frisby v. Board of Education, 707 S.W.2d 359, 1986 Ky. App. LEXIS 1097 (Ky. Ct. App. 1986).

At best, this section gives an administrator with at least three years experience an additional procedural opportunity to convince the board of the lack of merit in the superintendent’s recommendation of demotion, or that it violates a constitutional or statutory right. Hooks v. Smith, 781 S.W.2d 522, 1989 Ky. App. LEXIS 151 (Ky. Ct. App. 1989).

Cited:

Bradshaw v. Board of Education, 607 S.W.2d 427, 1979 Ky. App. LEXIS 541 (Ky. Ct. App. 1979); Fayette County Education Asso. v. Hardy, 626 S.W.2d 217, 1980 Ky. App. LEXIS 438 (Ky. Ct. App. 1980); Board of Education v. Rothfuss, 639 S.W.2d 545, 1982 Ky. LEXIS 297 ( Ky. 1982 ); Shepherd v. Boysen, 849 F. Supp. 1168, 1994 U.S. Dist. LEXIS 5330 (E.D. Ky. 1994 ); Painter v. Campbell County Bd. of Educ., 417 F. Supp. 2d 854, 2006 U.S. Dist. LEXIS 7920 (E.D. Ky. 2006 ).

Opinions of Attorney General.

This section has no application to personnel action taken before June 21, 1974. OAG 74-370 .

This section deals only with demotion and not with dismissal. OAG 75-2 .

Although this section applies to guidance counselors, where a counselor is reassigned as a teacher at the same salary he is not entitled to a hearing under this section since, in view of KRS 161.720 , he has not been demoted within the meaning of the law. OAG 75-368 .

An individual, who has completed one (1) year as an assistant principal and who for ten (10) years just prior to said year was not employed in education and prior to the ten-year period, was a teacher on tenure and had had at least three (3) years’ experience as an administrator comes under this section and cannot be demoted without following the procedures of this section. OAG 75-413 ; 76-99.

An athletic director would be an administrator for the purposes of this section. OAG 77-114 .

Inasmuch as administrative service in another school system is of no consequence whatsoever as concerns this section, a certified employee who has in excess of three (3) years of administrative experience but who has served only two (2) years as a principal in the school system where presently employed would not be entitled to a hearing if demoted by the board. OAG 77-157 .

The assignment of an administrator with at least three (3) years’ administrative service in the same school system to a teaching position or any position not having administrative responsibilities would be a demotion, irrespective of the similarity of salary. OAG 77-328 .

Since years of service as superintendent of schools would not be counted for purposes of this section, a school business administrator who has completed two (2) years of service following a four-year term as superintendent could be demoted. OAG 77-493 .

A board of education could reduce the term of an elementary school principal’s contract from 12 months to a lesser number of months, but could not reduce his salary without giving written notice as required by subsection (2) of this section. OAG 78-148 .

An elementary school principal could not be demoted to a classroom teacher with a reduction in salary unless the procedures of this section were followed. OAG 78-148 .

It would appear that a demotion involves at least two positions and, accordingly, when a school board changes only contract characteristics, specifically duration of the contract, of a single administrative position, this action does not constitute a demotion for the purposes of this section. OAG 78-148 .

While upon timely recommendation by the superintendent and approval by the board of education (before May 15), an administrator serving a school system protected under the provisions of this section may still be assigned to a different administrative position in the school system, the new administrative position may not subject the individual to a substantial alteration in pay received for performing administrative services in the school system. OAG 78-793 .

A demotion can be made, after a full following of the procedures mandated in the statute, on strictly economic and nonpersonal grounds. OAG 79-111 .

If the reasons for the reduction in expenditures are fully given, the requirements of subdivision (2)(b) of this section will have been met. OAG 79-111 .

This section does not give one protected by its provisions any right to a particular administrative position in the school system. OAG 79-111 .

This section is not a “tenure” statute. OAG 79-111 .

This section provides administrative procedural due process which must be complied with before a certified employee who has been an administrator in a school system for three years may be demoted. OAG 79-111 .

For individuals who have failed to hold administrative positions in a school district for at least three years, the school district is not required to implement the due process procedures including a hearing outlined in this section, but must only follow KRS 161.760 . OAG 82-135 .

For those administrators who have the requisite three (3) years or more administrative experience in a school district, which years need not be in the same administrative position, the detailed due process procedures of subsection (2) of this section must be followed before a school district may demote them back into the classroom. OAG 82-135 .

Seniority is not required by statute to come into play in deciding which administrative employees to transfer as a result of reductions; however, school districts may adopt a procedure of considering seniority as a factor in a reduction of administrators situation. OAG 82-135 .

Since the Court of Appeals has concluded that an administrator protected by this section should also have the benefit of the procedural safeguards of KRS 161.760(2), if a school district, with the recommendation of the local superintendent, intends to demote an administrator with three or more years administrative service, the written notice of demotion and the opportunity for a due process hearing must be completed before May 15. OAG 82-135 .

Teachers and administrators, even those with more than three (3) years of administrative service, do not have a statutorily protected right to a particular teaching or administrative position. OAG 82-135 .

The demotion process under this section was not intended by the general assembly to be available solely as a disciplinary measure to be taken only if an administrator was not adequately performing expected administrative services. “Grounds” can also be premised upon budgetary problems. OAG 82-135 .

A teacher may take an unpaid leave of absence for maternity, which may properly include time for care of a newborn infant, even if there is no disability, and this maternity leave shall be granted by the local board of education for a reasonable period of time on an individual basis, considering individual circumstances. OAG 86-66 .

Effective July 13, 1990, the Kentucky Education Reform Act, House Bill 940, Acts Chapter 476, removed responsibility for personnel decisions from the local school board and placed that responsibility with the superintendent. Accordingly, the superintendent may legally demote a principal who has served three or more years in administrative service only upon fully abiding by this section. Similarly, the superintendent may legally demote a central office administrator (such as an assistant superintendent, general supervisor, director of pupil personnel, etc.) only upon fully abiding by this section. OAG 91-119 .

Research References and Practice Aids

Kentucky Bench & Bar.

Wolnitzek, The Fair Demotion Act, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 23.

161.770. Leaves of absence.

  1. Upon written request of a teacher or superintendent, a board of education may grant a leave of absence for a period of not more than two (2) consecutive school years for educational or professional purposes, and shall grant such leave where illness, maternity, adoption of a child or children, or other disability is the reason for the request. Upon subsequent request, such leave may be renewed by the board. A board of education may pay a sum of money equivalent to all or any portion of salary to a teacher or superintendent who has been granted leave for educational or professional purposes if the person taking said leave agrees in writing to return to employment with the board for no less than two (2) years.
  2. Without request, a board of education may grant leave of absence and renewals thereof to any teacher or superintendent because of physical or mental disability, but such teacher or superintendent shall have the right to a hearing and appeal on such unrequested leave of absence or its renewal in accordance with the provisions for hearing and appeal in KRS 161.790 .
  3. Any action taken under subsection (1) or (2) of this section shall not violate the Americans with Disabilities Act of 1990, the Health Insurance Portability and Accountability Act of 1996, or any other applicable federal law. A board of education:
    1. May only request medical information necessary to decide whether to grant a leave of absence;
    2. Shall not request or retain unnecessary medical information; and
    3. Shall not disclose any medical information received, except as permitted by state and federal law.
  4. Upon the return to service of a teacher or superintendent at the expiration of a leave of absence, he shall resume the contract status which he held prior to such leave.
  5. Payments to any teacher or superintendent under this section by a local district are intended and presumed to be for and in consideration of services rendered and for the benefit of the common schools and such payments do not affect the eligibility of any school district to share in the distribution of funds from the public school funds as established in KRS Chapter 157.

History. Enact. Acts 1942, ch. 113, § 6; 1944, ch. 98; 1976, ch. 158, § 1; 1986, ch. 395, § 2, effective July 15, 1986; 1990, ch. 476, Pt. IV, § 247, effective July 13, 1990; 2019 ch. 30, § 1, effective June 27, 2019.

NOTES TO DECISIONS

1. Construction with other laws.

Phrase “three years of administrative service, not including leave granted under Ky. Rev. Stat. Ann. § 161.770 ” in Ky. Rev. Stat. Ann. § 161.765 plainly means exactly what it appears to mean: the three-year prerequisite period of § 161.765 does not include any time an administrator spends on leave pursuant to Ky. Rev. Stat. Ann. § 161.770 . Hardin v. Jefferson Cty. Bd. of Educ., 558 S.W.3d 1, 2018 Ky. App. LEXIS 217 (Ky. Ct. App. 2018).

Cited:

Estill County Board of Education v. Rose, 518 S.W.2d 341, 1974 Ky. LEXIS 14 ( Ky. 1974 ).

Opinions of Attorney General.

It is not an abuse of discretion for the board to grant a leave of absence to a teacher who, while unable to perform his duties because of illness, did not make a written request for leave until about seven (7) or eight (8) months after the inception of the illness, when the teacher had previously advised the superintendent orally of his illness. OAG 60-472 .

A local board of education may not grant a teacher leave of absence with pay to serve on a committee appointed by the Commission on Public Education. OAG 60-1152 .

The provisions of this section concerning the granting of leave of absence for illness are mandatory and the board must grant the leave on written request. OAG 61-633 .

A board of education has adequate authority to adopt regulations which would require teachers to submit to periodic physical examinations, if it appears that they are physically unable to discharge their duties as a teacher. OAG 65-560 .

The fact that a teacher has taught for several years possessing a disability which is actually sufficient to impair his teaching services does not estop the teacher from requesting a leave of absence because of that disability. OAG 68-586 .

The phrase “other disability” as used in this section encompasses any disability which would substantially impair the effective performance by a teacher of the full scope of duties involved in the teaching assignments for which he is qualified and the fact that a teacher is able to perform satisfactorily in some other line of work which may be more sedentary and less strenuous, specifically having been elected to the office of county judge (now county judge/executive), would not in and of itself be conclusive as to lack of disability for teaching. OAG 68-586 .

Maternity leave is not “sick leave” within the meaning of KRS 161.155 but a “leave of absence” under this section and as such it results in a cessation of salary benefits during the period of absence. OAG 70-730 .

This section is to be regarded as exclusive and takes precedence over KRS 160.290 . OAG 70-771 .

Within the purview of this section, a district board of education may, in its discretion, grant a leave of absence to a superintendent for the purpose of his seeking and/or accepting the office of state superintendent of public instruction. OAG 70-771 .

A board of education has discretion in granting leave for professional or educational purposes, but it has no discretion and must grant leave where illness, maternity, or other disability is the reason, if the request is the first request. OAG 71-303 .

Where a teacher neither resigned nor requested maternity leave but merely informed the board that she could not teach the following year and was subsequently employed by the board on a continuing contract which provided that the teacher was entitled to accumulated leave, the board waived any contention that the teacher did not request maternity leave in writing. OAG 71-303 .

A teacher on leave of absence could not be paid for “calamity days” which were granted during the time of his leave. OAG 72-554 .

A school board may grant a leave of absence, without loss of tenure, to an employee who takes employment with another educationally related system even though the teacher states that he may not return to employment in the school district at the end of his leave of absence, but such a statement could very well have an influence on the board’s decision as to whether or not to grant the leave of absence. OAG 73-377 .

A school board would not be authorized to grant a leave of absence to a teacher who is going to work outside of the educational field, as this section which permits the granting of a privilege to a public employee should be narrowly construed in the interest of the public and the board would not be authorized to grant a leave of absence for any purpose except an “educational or professional purpose.” OAG 73-377 .

When a teacher taught for four (4) consecutive years in a school district, took a leave of absence for three (3) years, returned from her leave and taught two (2) consecutive years in the same district, she has by law a continuing service contract and is legally entitled to be reemployed in the coming year regardless of the notice she has received, unless her contract is terminated for cause or her contract is suspended. OAG 73-486 .

As a leave of absence from the school system can only be granted for illness, maternity or other disability, and educational or professional purposes and as operating a garbage service is not one of these statutory reasons, the school board should not have granted a leave of absence but should have required the teacher to resign or continue working and, if the teacher is on a bona fide leave of absence, he would be violating KRS 156.480 by selling his garbage service to the school system. OAG 73-651 .

The board of education should deal with requests for maternity leave on an individual basis considering the time of the year in which the birth occurs and the physical condition of the teacher as reported by the teacher and her doctor, and keeping in mind that the only statutory purposes for leave are educational or professional purposes and where illness, maternity or other disability is the reason for the request. OAG 73-665 .

Board of education may not grant a leave of absence to a teacher for one semester for the purpose of attending a professional baseball umpires school. OAG 74-157 .

Although accumulated sick leave may not be granted for child care following childbirth, a leave of absence is appropriate for that purpose. OAG 75-259 (withdrawing OAG 73-585 and 74-274).

A board of education is not required to grant leave for child rearing as such is not a disability. OAG 76-18 .

It would be a reasonable board requirement to have a teacher submit a statement of disability from a personal doctor when requesting disability leave although a board probably cannot require examination by a board appointed doctor. OAG 76-18 .

A continued absence for disability not supported by a doctor’s statement is neglect of duty by a teacher. OAG 76-18 .

A local board of education, in its reasonable exercise of discretion to grant a leave of absence for educational or professional reasons, may include working elsewhere in the teaching profession. OAG 79-106 .

A local board of education may grant a leave of absence under this section without the local superintendent’s recommendation. OAG 79-106 .

Where a teacher talked about resigning, or requesting a leave of absence, less than a month before school was to open, so as to accept a teaching position elsewhere, but eventually just left to accept that position, and where the local board of education, upon learning of this, at first voted to terminate her, but then, before notifying her, reversed itself and voted to grant her an unrequested leave of absence for the year, although there was no legally supportable reason why the teacher should not be denied a teaching position for the following year, since she never requested a leave as required by subsection (1) of this section, nevertheless the board’s action in granting the leave meant that the teacher would be entitled to resume her original status, at the end of the year, if she elected to return. OAG 79-106 .

A teacher seeking benefits under KRS 161.661(1) while on leave of absence under this section has in effect terminated his or her tenure contract status and accompanying rights with the board of education when the teachers’ retirement system approves that teacher’s application for disability retirement, which means the teacher has “retired” for the purposes of KRS 161.720 to 161.810 ; and if the teacher, who has been granted leave of absence and accepted by the teachers’ retirement system for disability retirement benefits, then becomes able to return to work, the board of education no longer has to afford to that teacher his or her former tenure rights. OAG 79-157 .

While participation as a representative in the General Assembly does not fall within the exact perimeters of this section, a local board of education could not legally deny an individual board employee a leave to serve in the General Assembly. OAG 80-18 .

A board of education may require a physician’s certificate of medical disability for purposes of this section so long as such certificate is required of all persons requesting leave for “illness, maternity or other disability.” OAG 80-151 .

A father is not eligible for leave under this section to care for a newborn child. OAG 80-151 .

A request for leave by reason of “illness, maternity or other disability” may continue so long as a disability continues to exist and there is no two-year limit. OAG 80-151 .

A teacher is not entitled to a maternity leave under this section if the teacher simply wants to stay home to take care of a child since a maternity leave is only available for a medical disability condition; when the teacher is no longer disabled from the pregnancy, childbirth and recovery therefrom, the teacher’s leave of absence without pay should terminate, and she should commence her teaching duties. OAG 80-151 .

Although KRS 161.155 will not permit a school board requirement of a physician’s certificate of an employee’s disability to work in that an affidavit of the teacher will suffice, there is nothing in this section to preclude a board of education from requiring a physician’s certificate; a school board could adopt such a policy pursuant to KRS 160.340(2)(e) which requires the board to adopt personnel policies that apply to certified employees. OAG 80-151 .

This section places no duration limitation on a request for a leave due to “illness, maternity or other disability” since the two-year language is germane only to the educational or professional leave request as is the renewal language. OAG 80-151 .

When a teacher has been approved to go on an unpaid leave of absence pursuant to this section for disability reasons, he or she is no longer entitled to use accumulated sick leave days, and is not entitled to pay for any holidays occurring during that absence. OAG 83-457 .

The teacher on a leave of absence is subject to the usual application of school laws as to his or her employment contract status. OAG 84-43 .

Subsection (3) of this section may not be construed so as to place a limited contract teacher on leave of absence in a different position than every other limited contract teacher in a school system; therefore, a nontenured teacher on leave of absence at the time renewal of his or her contract comes under consideration (before April 30th), may be recommended by a superintendent for nonrenewal the same as all other limited contract teachers in the school system. OAG 84-43 .

The language in subsection (3) of this section is applicable and limited to a return to education responsibilities from a leave of absence during a given contract period, which, for a limited contract teacher is for a one year period only. OAG 84-43 .

Payment by a board of education for the sabbatical leave of a teacher or superintendent is constitutional so long as the teacher or superintendent agrees to extend at least two years of future services to the school board. OAG 88-29 .

When subsection (1) of this section authorizes a leave of absence for not more than “two (2) consecutive school years,” that period of time encompasses two consecutive time periods beginning on July 1 and ending on June 30. Therefore, this language does not authorize the granting of a leave of absence that spans three consecutive school years, although the leave may only last two consecutive calendar years. OAG 91-134 .

Both this section and KRS 158.782(2) provide for the granting of a leave for a period of not more than two (2) consecutive school years; however, both statutes authorize renewal of a leave of absence, upon approval. OAG 91-134 .

A school board may grant an unpaid leave of absence only if it determines that the leave of absence falls within one or more of the statutory categories, i.e., educational or professional purposes, illness, maternity, adoption of a child, or other disability. OAG 01-9 .

Research References and Practice Aids

Kentucky Bench & Bar.

Whalen, The Kentucky Education Reform Act of 1990 and Local Boards of Education, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 11.

161.780. Termination of contract by teacher or superintendent — Resignation binding as of date of acceptance.

  1. No teacher shall be permitted to terminate his or her contract within fifteen (15) days prior to the first instructional day of the school term at a school to which the teacher is assigned or during the school term without the consent of the superintendent. No superintendent shall be permitted to terminate his or her contract within thirty (30) days prior to the beginning of the school term or during the school term without the consent of the employing board of education. A teacher shall be permitted to terminate his or her contract at any other time when schools are not in session by giving two (2) weeks written notice to the employing superintendent. A superintendent shall be permitted to terminate his or her contract at any other time when schools are not in session by giving two (2) weeks written notice to the employing board of education. Upon complaint by the employing board or superintendent to the Education Professional Standards Board, the certificate of a teacher or superintendent terminating his contract in any manner other than provided in this section may be suspended for not more than one (1) year, pursuant to the hearing procedures set forth in KRS 161.120 .
  2. If a teacher voluntarily resigns his contract during the school term, the resignation shall be in writing and shall become binding on the date the resignation is accepted by the superintendent. No further action by the employing board is necessary. The resignation is effective on the date specified in the letter of resignation. A resignation, once accepted, may be withdrawn only with the approval of the employing board of education. Nothing in this subsection shall release the teacher from liability to the local board of education for breach of contract.

History. Enact. Acts 1942, ch. 113, § 7; 1944, ch. 98; 1978, ch. 57, § 1, effective June 17, 1978; 1990, ch. 56, § 1, effective July 13, 1990; 1990, ch. 476, Pt. IV, § 248, effective July 13, 1990; 1992, ch. 326, § 1, effective July 14, 1992; 2000, ch. 269, § 2, effective July 14, 2000; 2008, ch. 113, § 7, effective April 14, 2008.

Compiler’s Notes.

Section 2 of Acts 1990, ch. 56 provided that the provisions of KRS 161.780 shall apply to any litigation in progress on July 13, 1990.

NOTES TO DECISIONS

Cited:

Commonwealth ex rel. Funk v. Robinson, 314 Ky. 344 , 235 S.W.2d 780, 1950 Ky. LEXIS 1092 ( Ky. 1950 ).

Opinions of Attorney General.

KRS 161.760(1) and this section are not in conflict since KRS 161.760(1) concerns termination of employment only and this section concerns refusal of an assignment. OAG 64-576 .

Although neither this section nor the regulation governing the procedure for suspending a certificate after a breach of contract provides any guidelines for when the complaint is to be made by the employing board, a local board of education should present the matter to the superintendent of public instruction within a reasonable period following the occurrence of the wrongful termination; the board would not be acting conscionably to delay its complaint since the one-year suspension period was meant to coincide with the school year prior to which the wrongful termination took place. OAG 80-120 .

The provisions of this section do not apply to terminations by teachers of their contracts while schools are in session during the regular school term. OAG 80-120 .

161.790. Termination of contract by board — Administrative hearing tribunal — Sanctions.

  1. The contract of a teacher shall remain in force during good behavior and efficient and competent service by the teacher and shall not be terminated except for any of the following causes:
    1. Insubordination, including but not limited to violation of the school laws of the state or administrative regulations adopted by the Kentucky Board of Education, the Education Professional Standards Board, or lawful rules and regulations established by the local board of education for the operation of schools, or refusal to recognize or obey the authority of the superintendent, principal, or any other supervisory personnel of the board in the performance of their duties;
    2. Immoral character or conduct unbecoming a teacher;
    3. Physical or mental disability; or
    4. Inefficiency, incompetency, or neglect of duty, when a written statement identifying the problems or difficulties has been furnished the teacher or teachers involved.
  2. Charges under subsection (1)(a) and (d) of this section shall be supported by a written record of the actions of the teacher upon which the charge is based, provided by the superintendent, principal, or other supervisory personnel of the district, except when the charges are brought as a result of a recommendation made under KRS 158.6455 .
  3. No contract shall be terminated except upon notification of the board by the superintendent. Prior to notification of the board, the superintendent shall furnish the teacher with a written statement specifying in detail the charge against the teacher. The teacher may within ten (10) days after receiving the charge notify the commissioner of education and the superintendent of his or her intention to answer the charge, and upon failure of the teacher to give notice within ten (10) days, the dismissal shall be final.
    1. Except as provided in KRS 163.032 , upon receiving the teacher’s notice of his or her intention to answer the charge, the commissioner of education shall appoint a three (3) member tribunal, consisting of one (1) teacher, who may be retired, one (1) administrator, who may be retired, and one (1) attorney to serve as hearing officer and chairperson of the tribunal, none of whom reside in the district, to conduct an administrative hearing in accordance with KRS Chapter 13B within the district. Priority for selection as a teacher or administrator tribunal member shall be from a pool of potential tribunal members who have been designated and trained to serve as tribunal members on a regular and ongoing basis, pursuant to administrative regulations promulgated by the Kentucky Board of Education. Funds appropriated to the Department of Education for professional development may be used to provide tribunal member training. The commissioner of education shall set the date and time for the hearing. The hearing shall begin no later than forty-five (45) days after the teacher files the notice of intent to answer the charge unless an extension is granted by the hearing officer or otherwise agreed to by the parties. (4) (a) Except as provided in KRS 163.032 , upon receiving the teacher’s notice of his or her intention to answer the charge, the commissioner of education shall appoint a three (3) member tribunal, consisting of one (1) teacher, who may be retired, one (1) administrator, who may be retired, and one (1) attorney to serve as hearing officer and chairperson of the tribunal, none of whom reside in the district, to conduct an administrative hearing in accordance with KRS Chapter 13B within the district. Priority for selection as a teacher or administrator tribunal member shall be from a pool of potential tribunal members who have been designated and trained to serve as tribunal members on a regular and ongoing basis, pursuant to administrative regulations promulgated by the Kentucky Board of Education. Funds appropriated to the Department of Education for professional development may be used to provide tribunal member training. The commissioner of education shall set the date and time for the hearing. The hearing shall begin no later than forty-five (45) days after the teacher files the notice of intent to answer the charge unless an extension is granted by the hearing officer or otherwise agreed to by the parties.
    2. The hearing officer shall be appointed from a pool of hearing officers who have received in-depth training in the law related to employment of teachers and in the conduct of due process hearings pursuant to KRS Chapter 13B, and who hold other qualifications as determined by the Kentucky Board of Education.
    3. The hearing officer training shall be designed and conducted by the Kentucky Department of Education.
    4. The Kentucky Board of Education shall adopt administrative regulations to implement the due process provisions required by this section. Persons serving as hearing officers shall be paid or reimbursed as provided in KRS 13B.030 .
  4. The hearing officer shall schedule a mandatory prehearing conference with the parties, which may be held in person or electronically through the use of technology. Prehearing motions may be disposed of at the conference. The hearing officer shall have the authority to mediate settlement and to enter an agreed order if the matter is resolved by the parties. A hearing officer shall have final authority to rule on dispositive prehearing motions.
  5. If the matter is not settled or dismissed as a result of the prehearing conference, a tribunal hearing shall be conducted. The hearing may be public or private at the discretion of the teacher. At the hearing, the hearing officer appointed by the commissioner of education shall preside with authority to rule on procedural matters, but the tribunal as a whole shall be the ultimate trier of fact. The local board shall pay each teacher and administrator member of the tribunal a per diem of one hundred dollars ($100) and travel expenses.
  6. Upon hearing both sides of the case, the tribunal may by a majority vote render its decision or may defer its action for not more than five (5) days. The decision, written in a recommended order, shall be limited to upholding or overturning the decision of the superintendent. The hearing officer shall then within fifteen (15) days submit to the parties the written recommended order in a form complying with the requirements of KRS 13B.110(1). Each party may file written exceptions no later than fifteen (15) days from receipt of the recommended order. Upon consideration of the exceptions filed by the parties, the hearing officer may order a settlement conference between the parties. Within ten (10) days after either the consideration of the exceptions or a settlement conference, whichever occurs later, the hearing officer shall enter a final order. If there is no settlement reached, the final order shall affirm the recommended order. If a settlement is reached, the final order shall approve the terms of a written settlement as an agreed order. Provisions of KRS Chapter 13B notwithstanding, the hearing officer’s decision shall be a final order.
  7. The superintendent may suspend the teacher pending final action to terminate the contract, if, in his or her judgment, the character of the charge warrants the action. If the contract termination is overturned by the final order, the suspended teacher shall be paid his or her full salary for any period of suspension.
  8. The teacher shall have the right to make an appeal to the Circuit Court having jurisdiction in the county where the school district is located in accordance with KRS Chapter 13B. The review of the final order shall be conducted by the Circuit Court as required by KRS 13B.150 .
  9. As an alternative to termination of a teacher’s contract, the superintendent upon notifying the board and providing written notification to the teacher of the charge may impose other sanctions, including suspension without pay, public reprimand, or private reprimand. The procedures set out in subsection (3) of this section shall apply if the teacher is suspended without pay or publicly reprimanded. The teacher may appeal the action of the superintendent if these sanctions are imposed in the same manner as established in subsections (4) to (9) of this section. Upon completion of a suspension period, the teacher may be reinstated.

History. Enact. Acts 1942, ch. 113, § 8; 1944, ch. 98; 1964, ch. 41, § 6; 1988, ch. 370, § 1, effective July 15, 1988; 1990, ch. 476, Pt. II, § 85, effective July 13, 1990; 1996, ch. 318, § 53, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 598, § 16, effective April 14, 1998; 2000, ch. 200, § 1, effective July 14, 2000; 2002, ch. 141, § 1, effective July 15, 2002; 2006, ch. 208, § 3, effective July 12, 2006; 2019 ch. 30, § 2, effective June 27, 2019.

NOTES TO DECISIONS

Analysis

  1. Constitutionality.
  2. Power of Board.
  3. — Constitutional Protection.
  4. Notice.
  5. Charges.
  6. Particular Grounds.
  7. — Absence Due to Illness.
  8. — Incompetency.
  9. — Insubordination.
  10. — Misconduct.
  11. — Voluntary Leave of Absence.
  12. Resignation.
  13. Transfer to Noncertified Position.
  14. Undesirable Reassignment.
  15. Written Records of Teacher Performance.
  16. Reviewing Tribunal.
  17. Job Protection.
  18. Liability of Board Members.
  19. Civil Rights Challenge.
  20. Appeal.
1. Constitutionality.

Termination of a “tenured teacher” does not deprive the teacher of property interests and contract rights without procedural due process merely because the school board is cast into and occupies the roles of employer, accuser, investigator, prosecutor, judge and jury. Board of Education v. Burkett, 525 S.W.2d 747, 1975 Ky. LEXIS 108 ( Ky. 1975 ).

Where the teacher had a 15-year-old student show a controversial, highly suggestive, and somewhat sexually explicit movie to a group of high school students aged 14 to 17, she did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context, and she made no attempt at any time to explain the meaning of the movie or to use it as an educational tool, this section proscribing “conduct unbecoming a teacher” gave her adequate notice that such conduct would subject her to discipline; accordingly, this section was not unconstitutionally vague as applied to her conduct. Fowler v. Board of Education, 819 F.2d 657, 1987 U.S. App. LEXIS 6912 (6th Cir. Ky.), cert. denied, 484 U.S. 986, 108 S. Ct. 502, 98 L. Ed. 2d 501, 1987 U.S. LEXIS 5177 (U.S. 1987).

2. Power of Board.

It was the intention of the legislature in enacting this section to allow the local board of education to make the final determination of dismissal and once the board’s hearing is commenced, the superintendent may not attempt to terminate the proceedings by withdrawing his recommendation. Bell v. Board of Education, 557 S.W.2d 433, 1977 Ky. App. LEXIS 836 (Ky. Ct. App. 1977).

This section does not require that the board’s deliberations and decision on termination must be held at a public meeting and, accordingly, a decision to dismiss two (2) teachers was not void because it was taken during a closed session. Bell v. Board of Education, 557 S.W.2d 433, 1977 Ky. App. LEXIS 836 (Ky. Ct. App. 1977); Carter v. Craig, 574 S.W.2d 352, 1978 Ky. App. LEXIS 626 (Ky. Ct. App. 1978).

The power of the board of education to discipline teachers is not based on personal moral judgments by board members; it exists only because of the legitimate interests of the government in protecting the school community and the students from harm. Board of Education v. Wood, 717 S.W.2d 837, 1986 Ky. LEXIS 306 ( Ky. 1986 ).

It was not the intention of the legislature to subject every teacher to discipline or dismissal for private shortcomings that might come to the attention of the board of education but have no relation to the teacher’s involvement or example to the school community. Board of Education v. Wood, 717 S.W.2d 837, 1986 Ky. LEXIS 306 ( Ky. 1986 ).

County board of education had an inherent right to appeal decision of tribunal’s that teacher should not have been terminated on grounds that tribunal decision was arbitrary even though the board did not have a liberty interest at stake. Reis v. Campbell County Bd. of Educ., 938 S.W.2d 880, 1996 Ky. LEXIS 130 ( Ky. 1996 ).

Although no express right of appeal was given board of education under subsection (8) of this section, since the three-member tribunal created in subsection (4) of this section is a separate and distinguishable entity from the county board of education and thus the tribunal is not an agent of the board, the board is not barred from appealing the tribunal’s decision that a teacher’s contract should not be terminated. Reis v. Campbell County Bd. of Educ., 938 S.W.2d 880, 1996 Ky. LEXIS 130 ( Ky. 1996 ).

Although a ban that prohibited a teacher from attending a local teachers’ meeting made by a school principal and a director of employee relations violated his free association rights, the unconstitutional acts were not made by final policymakers under KRS 161.790 , 160.370 , and 160.340 and thus could not give rise to school board liability. Baar v. Jefferson County Bd. of Educ., 666 F. Supp. 2d 701, 2009 U.S. Dist. LEXIS 100066 (W.D. Ky. 2009 ).

3. — Constitutional Protection.

County board of education is a political body with a corporate structure and is entitled to the protection of Ky. Const., § 2. Reis v. Campbell County Bd. of Educ., 938 S.W.2d 880, 1996 Ky. LEXIS 130 ( Ky. 1996 ).

4. Notice.

This section does not require greater exactitude than a civil complaint and fair notice of the essential notice and bases is sufficient. Board of Education v. Chattin, 376 S.W.2d 693, 1964 Ky. LEXIS 471 ( Ky. 1964 ), overruled, Osborne v. Bullitt County Bd. of Educ., 415 S.W.2d 607, 1967 Ky. LEXIS 325 ( Ky. 1967 ).

Where formal notice of termination of contract referred to a supervisor’s report for details of charges against teacher and it gave adequate notice of such details, the notice was sufficient. Knox County Board of Education v. Willis, 405 S.W.2d 952, 1966 Ky. LEXIS 277 ( Ky. 1966 ).

Requirement of a very particular statement is a prerequisite to termination of an existing contract but does not apply to failure to renew a contract. Sparks v. Board of Education, 549 S.W.2d 323, 1977 Ky. App. LEXIS 664 (Ky. Ct. App. 1977).

Where a charge of insubordination specified that a tenured teacher failed to obey the instruction of the superintendent that he cease and desist all forms of physical and mental punishment of students and where the charge of conduct unbecoming a teacher specified abusive treatment of young students, the charges and specifications coupled with the information furnished appellant as to the nature of anticipated testimony were sufficiently specific as to inform him of the acts which he had to defend against. Mavis v. Board of Education, 563 S.W.2d 738, 1977 Ky. App. LEXIS 906 (Ky. Ct. App. 1977).

The allegations made against a teacher were not in sufficient detail to satisfy the statutory requirements, and they did not afford him the notice to adequately prepare a defense where he was not told the names, dates, occurrences or other data upon which his supervisor relied to prove his inefficiency as a classroom teacher. Blackburn v. Board of Education, 564 S.W.2d 35, 1978 Ky. App. LEXIS 495 (Ky. Ct. App. 1978).

The giving of mere notice of a general grounds for termination in the language used in the statute, such as inefficiency or incompetency, is not sufficient to inform a teacher of the specific nature of the charges against him, so as to permit the preparation of an adequate defense. Blackburn v. Board of Education, 564 S.W.2d 35, 1978 Ky. App. LEXIS 495 (Ky. Ct. App. 1978).

As neither a superintendent nor a school commissioner received a teacher’s response within 10 days of the teacher’s receipt of a termination letter, the teacher failed to strictly comply with the notice requirements of KRS 161.790(3). The teacher’s failure to meet the notice requirement denied the appellate court jurisdiction to consider the teacher’s defense to charges of insubordination and conduct unbecoming a teacher. Sajko v. Jefferson County Bd. of Educ., 2008 Ky. App. LEXIS 297 (Ky. Ct. App. Sept. 19, 2008), aff'd in part and rev'd in part, 314 S.W.3d 290, 2010 Ky. LEXIS 160 ( Ky. 2010 ).

Administrative tribunal erred in holding that KRS 161.790(3) did not require actual receipt, rather than mere mailing, of a teacher’s notice of intent to answer charges within ten days of the teacher’s receipt of a superintendent’s dismissal letter; where the method of notice was not specified, actual receipt was required. Sajko v. Jefferson County Bd. of Educ., 314 S.W.3d 290, 2010 Ky. LEXIS 160 ( Ky. 2010 ).

5. Charges.

Where written charges against teacher were so vague and indefinite so that they did not furnish teacher sufficient information upon which he could base a defense such charges were not sufficient to support order of dismissal. Osborne v. Bullitt County Bd. of Educ., 415 S.W.2d 607, 1967 Ky. LEXIS 325 ( Ky. 1967 ).

A tenured teacher has the right to contest the truth of the grounds alleged for termination in a hearing before the school board and, if successful, in a trial de novo before the Circuit Court. Bowlin v. Thomas, 548 S.W.2d 515, 1977 Ky. App. LEXIS 654 (Ky. Ct. App. 1977).

Where the school board did not make any written findings indicating which charge it found to be grounds for termination but the record showed that the charges were proven by ample evidence, the dismissal was supported by the evidence and written findings were not required. Bell v. Board of Education, 557 S.W.2d 433, 1977 Ky. App. LEXIS 836 (Ky. Ct. App. 1977).

The board was not required to issue findings as to the particular charges of which a tenured teacher was deemed guilty, where there were only two (2) charges, and the evidence supported a finding of guilt on each charge. Mavis v. Board of Education, 563 S.W.2d 738, 1977 Ky. App. LEXIS 906 (Ky. Ct. App. 1977).

The charges against a teacher were not supported by written records of teacher performance, as required by this section, where the teacher had been employed in the school system for nine (9) years and no written evaluation of his performance had been prepared during those years until only a few weeks before his discharge. Blackburn v. Board of Education, 564 S.W.2d 35, 1978 Ky. App. LEXIS 495 (Ky. Ct. App. 1978).

A petition signed by parents of children in a teacher’s class complaining of corporal punishment she inflicted on the children is not “written records” within subsection (2)(a) (deleted by 1990 amendment) of this section. Carter v. Craig, 574 S.W.2d 352, 1978 Ky. App. LEXIS 626 (Ky. Ct. App. 1978).

One purpose of the requirements of subsection (2)(a) (deleted by 1990 amendment) of this section is to make the teacher aware of deficiencies so that she or he may correct same before being terminated. Carter v. Craig, 574 S.W.2d 352, 1978 Ky. App. LEXIS 626 (Ky. Ct. App. 1978).

Tape recordings and notes of student interviews made by the school superintendent of which a teacher was uninformed prior to a hearing to determine whether to continue her services are not “written records” within the meaning of subsection (2)(a) (deleted by 1990 amendment) of this section. Carter v. Craig, 574 S.W.2d 352, 1978 Ky. App. LEXIS 626 (Ky. Ct. App. 1978).

6. Particular Grounds.
7. — Absence Due to Illness.

Where a teacher had frequently been unable to attend classes because of his illnesses, and had been granted a leave of absence to allow psychiatric care on at least one occasion and where he would be able to work only on a part-time basis and was still a patient in the University of Kentucky Medical Center, such evidence supported the board’s decision to terminate his contract. Kelly v. Board of Education, 566 S.W.2d 165, 1977 Ky. App. LEXIS 916 (Ky. Ct. App. 1977).

8. — Incompetency.

When the charges upon which the teacher is to be dismissed involve inefficiency, incompetency or neglect of duty, a written statement identifying the problem or problems must have been previously furnished to the teacher and it is clear that some opportunity for the teacher to correct the problem should be permitted. Blackburn v. Board of Education, 564 S.W.2d 35, 1978 Ky. App. LEXIS 495 (Ky. Ct. App. 1978).

Written charges, furnished to the teacher at the time of a termination, do not fulfill the requirement of a written statement identifying the problem when incompetency, inefficiency or neglect of duty are the grounds for such termination. Blackburn v. Board of Education, 564 S.W.2d 35, 1978 Ky. App. LEXIS 495 (Ky. Ct. App. 1978).

Where a year had passed since a teacher had been transferred, and she had subsequently been rehired, whatever notice of problems and difficulties she may have had then had dissipated, since the rehiring indicated the board was not too dissatisfied by her performance. Carter v. Craig, 574 S.W.2d 352, 1978 Ky. App. LEXIS 626 (Ky. Ct. App. 1978).

9. — Insubordination.

Where teacher was denied reemployment after taking an unauthorized leave of absence, which demonstrated rank insubordination and amounted to neglect of duty on his part, his allegation that the defendants were motivated by political considerations was an unsupported legal conclusion and was insufficient to withstand the motion for summary judgment. Miller v. Board of Education, 54 F.R.D. 393, 1971 U.S. Dist. LEXIS 14508 (D. Ky.), aff'd, 452 F.2d 894, 1971 U.S. App. LEXIS 6457 (6th Cir. Ky. 1971 ).

10. — Misconduct.

This section applies only where there is an element of misconduct on the part of the teacher which gives rise to the termination. Harlan County Board of Education v. Stagnolia, 555 S.W.2d 828, 1977 Ky. App. LEXIS 805 (Ky. Ct. App. 1977).

Contracts of tenured teachers may be terminated for conduct unbecoming a teacher or immoral conduct involving off-campus activities involving students, notwithstanding written records indicating a satisfactory teacher performance. Board of Education v. Wood, 717 S.W.2d 837, 1986 Ky. LEXIS 306 ( Ky. 1986 ).

Great care must be taken to ensure that proof of conduct of an immoral nature or conduct unbecoming a teacher which is sufficient to merit discharge of a tenured teacher should be of the same quality as required by other subsections of this section, that is, written documentation from impartial sources to substantiate the charges or its substantial equivalent. Board of Education v. Wood, 717 S.W.2d 837, 1986 Ky. LEXIS 306 ( Ky. 1986 ).

Conduct of an immoral nature or conduct unbecoming a teacher which is sufficient to merit discharge of a tenured teacher, when it occurs in a context other than professional competency in the classroom, should have some nexus to the teacher’s occupation, as was true where the defendant smoked marijuana with two (2) students. Board of Education v. Wood, 717 S.W.2d 837, 1986 Ky. LEXIS 306 ( Ky. 1986 ).

A teacher is held to a standard of personal conduct which does not permit the commission of immoral or criminal acts because of the harmful impression made on the students. Board of Education v. McCollum, 721 S.W.2d 703, 1986 Ky. LEXIS 302 ( Ky. 1986 ).

Where the teacher deliberately and intentionally took sick leave from his employment for the purpose of driving a coal truck to another state, he executed a false affidavit in regard to the sick day, and he failed to visit a homebound student for the minimum required time, there was substantial evidence supporting the termination of the teacher for conduct unbecoming a teacher under subdivision (1)(b) of this section. Board of Education v. McCollum, 721 S.W.2d 703, 1986 Ky. LEXIS 302 ( Ky. 1986 ).

Where the teacher introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation, or discussion, her conduct constituted “conduct unbecoming a teacher” within the meaning of subdivision (1)(b) of this section. Fowler v. Board of Education, 819 F.2d 657, 1987 U.S. App. LEXIS 6912 (6th Cir. Ky.), cert. denied, 484 U.S. 986, 108 S. Ct. 502, 98 L. Ed. 2d 501, 1987 U.S. LEXIS 5177 (U.S. 1987).

Statements made by education association, its representative and teacher at public meetings and hearings were protected by the First Amendment to the United States Constitution, where association and teacher at school board meetings called for the termination of principal accused of using a racial epithet to introduce a school employee. Eaton v. Newport Bd. of Educ., 975 F.2d 292, 1992 U.S. App. LEXIS 22220 (6th Cir. Ky. 1992 ), cert. denied, 508 U.S. 957, 113 S. Ct. 2459, 124 L. Ed. 2d 674, 1993 U.S. LEXIS 3851 (U.S. 1993).

It was not arbitrary and capricious for Commissioner of Education to require acting county school superintendent to dismiss former school superintendent who had been reassigned as an at-will employee and against whom serious charges of financial misconduct had been brought while formerly employed as superintendent. Shepherd v. Boysen, 849 F. Supp. 1168, 1994 U.S. Dist. LEXIS 5330 (E.D. Ky. 1994 ).

Because the school employee had not presented evidence from which a reasonable jury could conclude that the employer’s proffered reason for firing her was pretextual, and because the employee had forfeited her retaliation claims and state-law claims, the appellate court affirmed the judgment of the district court. Macy v. Hopkins County Sch. Bd. of Educ., 484 F.3d 357, 2007 FED App. 0133P, 2007 U.S. App. LEXIS 8382 (6th Cir. Ky.), cert. denied, 552 U.S. 826, 128 S. Ct. 201, 169 L. Ed. 2d 37, 2007 U.S. LEXIS 9127 (U.S. 2007), overruled, Lewis v. Humboldt Acquisition Corp., 681 F.3d 312, 2012 FED App. 155P, 2012 U.S. App. LEXIS 10618 (6th Cir. Tenn. 2012).

Where a teacher was discharged after being charged with assault, violating a domestic violence order, carrying a concealed weapon, and stalking, she was ineligible to receive unemployment benefits under KRS 341.370 because she engaged in disqualifying misconduct in engaging in conduct unbecoming a teacher under KRS 161.790 . Hutchison v. Ky. Unemployment Ins. Comm'n, 329 S.W.3d 353, 2010 Ky. App. LEXIS 222 (Ky. Ct. App. 2010).

Trial court properly reversed an administrative decision from a tribunal hearing regarding the discipline of a teacher who was charged with conduct unbecoming a teacher, in violation of KRS 161.790(1)(b), as the tribunal’s factual findings provided no indication that the teacher exhibited any such conduct. “Conduct unbecoming a teacher” meant more than one incident of physically coercing an unruly child to the office; the grouping of “conduct unbecoming a teacher” in the same section as “immoral character” implied that the former conduct was the type of conduct that had the suggestion of immorality or similarly egregious conduct. Bd. of Educ. v. Hurley-Richards, 2011 Ky. App. LEXIS 147 (Ky. Ct. App. Sept. 2, 2011), aff'd, 396 S.W.3d 879, 2013 Ky. LEXIS 88 ( Ky. 2013 ).

Teacher’s conduct, as found by the Tribunal and described in its final order, did not constitute “conduct unbecoming a teacher” within the meaning of KRS 161.790(1)(b), and did not justify the termination or suspension of her contract; the teacher’s conduct was entirely reasonable under the circumstances and did not offend the sensibilities of a reasonable person. Bd. of Educ. v. Hurley-Richards, 396 S.W.3d 879, 2013 Ky. LEXIS 88 ( Ky. 2013 ).

School principal's termination for conduct unbecoming a teacher was justified because the principal's attempts to hide evidence and influence witnesses during investigations into security breaches in standardized student testing procedures used at the principal's school was conduct which offended the sensibilities of reasonable persons under the circumstances. Mike v. Dep't of Educ., 529 S.W.3d 781, 2017 Ky. App. LEXIS 44 (Ky. Ct. App. 2017).

11. — Voluntary Leave of Absence.

Where a teacher took an indeterminate voluntary leave of absence without the consent of the school board, an act of resignation occurred and the school board was under no obligation to take the teacher back. Miller v. Noe, 432 S.W.2d 818, 1968 Ky. LEXIS 358 ( Ky. 1968 ).

12. Resignation.

Where plaintiff, a teacher, was employed in one school district for six successive years, resigned, taught in another school system the following year, again resigned, took a year off and then taught for three years in a third school district before being released, he was entitled to no hearing under this section, since, although he had achieved tenure at his first position, when he resigned he lost his tenure by reason of subsection (4) of KRS 161.720 and subdivision (1)(c) of KRS 161.740 is inapplicable. Carpenter v. Board of Education, 582 S.W.2d 645, 1979 Ky. LEXIS 265 ( Ky. 1979 ).

13. Transfer to Noncertified Position.

Where a high school principal was transferred, at the same pay level, to a newly created position as supervisor of transportation for the school system, the transfer from a certified to a noncertified position amounted to “termination” as a “teacher” under subsections (1) and (4) of KRS 161.720 ; accordingly, the principal was entitled to a hearing as required by this section. Crawley v. Board of Education, 658 F.2d 450, 1981 U.S. App. LEXIS 18054 (6th Cir. Ky. 1981 ).

14. Undesirable Reassignment.

The statutory method of terminating a teacher’s tenure contract under this section and KRS 161.800 should be used rather than the indirect means of unworthy or undesirable reassignment. Lewis v. Board of Education, 348 S.W.2d 921, 1961 Ky. LEXIS 42 ( Ky. 1961 ).

15. Written Records of Teacher Performance.

Where the charge for termination of a tenured teacher is based on evidence of immoral character or conduct unbecoming a teacher, the requirement of former subdivision (2)(a) of this section, that the charge be supported by written records of teacher performance, did not require an evaluation of the teacher during the tenure of employment. Board of Education v. McCollum, 721 S.W.2d 703, 1986 Ky. LEXIS 302 ( Ky. 1986 ).

In connection with KRS 161.790 , a charge of insubordination must be supported by a written record of teacher performance, which cannot be based solely on statutes, regulations, local board of education policies, or teacher contracts, but must be specific to the individual teacher and the circumstances leading up to the charge; thus, where a superintendent failed to support his charge of insubordination against a teacher who was absent without leave while she served a 90-day federal prison term for trespass on federal property, dismissal of the charge against the teacher was required. James v. Sevre-Duszynska, 173 S.W.3d 250, 2005 Ky. App. LEXIS 188 (Ky. Ct. App. 2005).

16. Reviewing Tribunal.

Although a tribunal established pursuant to this section had authority to modify penalty imposed by superintendent, it did not have the authority to reduce teacher’s termination to a lesser sanction where the tribunal made specific findings that the teacher’s insubordination and conduct unbecoming a teacher merited termination, made no mitigating findings on behalf of teacher or any findings that superintendent had acted arbitrarily, and gave no reason for its reduction of the penalty. Gallatin County Bd. of Educ. v. Mann, 971 S.W.2d 295, 1998 Ky. App. LEXIS 50 (Ky. Ct. App. 1998).

Substantial evidence in the record supported the hearing tribunal’s conclusion that the school employee’s two (2) violations of the teacher tenure statute warranted a reprimand and suspension, and not the termination recommended by superintendent; the tribunal alone had the right under the statute to decide the appropriate sanction, thus, its other finding that denied the school employee’s motion for directed verdict on the issue of the termination of her contract as a teacher also had to be upheld since substantial evidence supported that decision as well. Fankhauser v. Cobb, 2002 Ky. App. LEXIS 587 (Ky. Ct. App. Mar. 29, 2002), aff'd, 163 S.W.3d 389, 2005 Ky. LEXIS 155 ( Ky. 2005 ).

17. Job Protection.

The ordinary duties of a school principal differ greatly from those of a school teacher, as administrative personnel have either fiscal management duties and educational supervisory duties, or both, with responsibilities which are quite different from those of classroom teachers. The role of an administrator in carrying out policy and in formulating overall policy is also quite different from that of a teacher, and it is certainly not beyond reason that the legislature would deem it advisable not to give one whose supervisory and policy role is so different the same kind of job protection given to a classroom teacher. Hooks v. Smith, 781 S.W.2d 522, 1989 Ky. App. LEXIS 151 (Ky. Ct. App. 1989).

18. Liability of Board Members.

The individual members of a school board are liable in damages for breaching a contract with a teacher employed by them. Race v. Humphrey, 301 Ky. 10 , 190 S.W.2d 686, 1945 Ky. LEXIS 680 ( Ky. 1945 ).

19. Civil Rights Challenge.

Where a second state administrative tribunal upheld a teacher’s termination eight years after the first tribunal found that the teacher had engaged in conduct unbecoming a teacher within the meaning of KRS 161.790(1)(b) by taking topless photographs of a female student, the teacher failed to comply with the applicable one-year statute of limitations under KRS 413.140(1)(a) when he filed an action under 42 USCS § 1983 after the second hearing and alleged that a principal and school attorney violated his due process rights by allowing “faked” photographs to be submitted against him at the original hearing; the alleged violation of due process was not an ongoing or continuing violation through the time of the second tribunal hearing. Dixon v. Clem, 2007 FED App. 0255P, 2007 U.S. App. LEXIS 16247 (6th Cir. Ky. July 10, 2007), amended, 492 F.3d 665, 2007 FED App. 0296A, 2007 U.S. App. LEXIS 18614 (6th Cir. Ky. 2007 ).

20. Appeal.

The findings of the court on review should be given the same consideration as in the cases where the court acts in place of a properly instructed jury and unless the decision is flagrantly or palpably against the evidence the Court of Appeals will not set it aside. Hapner v. Carlisle County Board of Education, 305 Ky. 858 , 205 S.W.2d 325, 1947 Ky. LEXIS 892 ( Ky. 1947 ).

The Circuit Court is not confined to the record of the administrative body nor bound by its decision but may require a trial de novo especially where due process has not been observed in the administrative proceedings. Osborne v. Bullitt County Bd. of Educ., 415 S.W.2d 607, 1967 Ky. LEXIS 325 ( Ky. 1967 ). See Story v. Simpson County Board of Education, 420 S.W.2d 578, 1967 Ky. LEXIS 120 ( Ky. 1967 ).

Provision authorizing court on appeal to hear additional evidence is valid, (overruling holding to contrary in Board of Educ. v. Chattin, 376 S.W.2d 693, 1964 Ky. LEXIS 471 (Ky. Ct. App. 1964)).Osborne v. Bullitt County Bd. of Educ., 415 S.W.2d 607, 1967 Ky. LEXIS 325 ( Ky. 1967 ). See Story v. Simpson County Board of Education, 420 S.W.2d 578, 1967 Ky. LEXIS 120 ( Ky. 1967 ).

The opportunity for a de novo hearing at the Circuit Court level with the right to offer additional evidence, if so desired, was intended by the legislature to cure any deficiencies in the due process hearing at the board level. Kelly v. Board of Education, 566 S.W.2d 165, 1977 Ky. App. LEXIS 916 (Ky. Ct. App. 1977).

Where a teacher received unequivocal notice that she would be demoted from an administrative position and reassigned as a special education teacher, and she failed to appeal the school board’s action for approximately 15 months, her claim was properly dismissed. Frisby v. Board of Education, 707 S.W.2d 359, 1986 Ky. App. LEXIS 1097 (Ky. Ct. App. 1986).

Although no express right of appeal was given board of education under subsection (8) of this section, under the Constitution it had such right to appeal three-member tribunal’s decision that teacher’s contract should not have been terminated. Reis v. Campbell County Bd. of Educ., 938 S.W.2d 880, 1996 Ky. LEXIS 130 ( Ky. 1996 ).

Circuit court properly dismissed a petition for a writ of prohibition where a teacher had a fully executed continuing contract of employment that entitled her to a tribunal hearing under Ky. Rev. Stat. Ann. § 161.790 . Miracle v. Duncan, 568 S.W.3d 358, 2018 Ky. App. LEXIS 241 (Ky. Ct. App. 2018).

Cited:

Redding v. Fincel, 311 Ky. 534 , 224 S.W.2d 671, 1949 Ky. LEXIS 1179 ( Ky. 1949 ); Board of Education v. Justice, 268 S.W.2d 648, 1954 Ky. LEXIS 921 ( Ky. 1954 ); Taylor v. Hampton, 271 S.W.2d 887, 1954 Ky. LEXIS 105 7 ( Ky. 1954 ); Hogan v. Kentucky State Board of Education, 329 S.W.2d 563, 1958 Ky. LEXIS 6 ( Ky. 1959 ); Moore v. Babb, 343 S.W.2d 373, 1960 Ky. LEXIS 105 ( Ky. 1960 ); Bates v. Dause, 502 F.2d 865, 1974 U.S. App. LEXIS 6898 (6th Cir. 1974); Ford v. Jones, 372 F. Supp. 1187, 1974 U.S. Dist. LEXIS 9572 (E.D. Ky. 1974 ); Settle v. Camic, 552 S.W.2d 693, 1977 Ky. App. LEXIS 736 (Ky. Ct. App. 1977); Singleton v. Board of Education, 553 S.W.2d 848, 1977 Ky. App. LEXIS 751 (Ky. Ct. App. 1977); Burkett v. Board of Education, 558 S.W.2d 626, 1977 Ky. App. LEXIS 852 (Ky. Ct. App. 1977); Hart County Board of Education v. Broady, 577 S.W.2d 423, 1979 Ky. App. LEXIS 37 6 (Ky. Ct. App. 1979); Miller v. Board of Educ., 610 S.W.2d 935, 1980 Ky. App. LEXIS 414 (Ky. Ct. App. 1980); Fayette County Education Asso. v. Hardy, 626 S.W.2d 217, 1980 Ky. App. LEXIS 438 (Ky. Ct. App. 1980); Board of Education v. Rothfuss, 639 S.W.2d 545, 1982 Ky. LEXIS 297 ( Ky. 1982 ); Banks v. Board of Education, 648 S.W.2d 542, 1983 Ky. App. LEXIS 281 (Ky. Ct. App. 1983); Evans v. Montgomery County Bd. of Education, 712 S.W.2d 358, 1986 Ky. App. LEXIS 1125 (Ky. Ct. App. 1986); Wicker v. Board of Education, 826 F.2d 442, 1987 U.S. App. LEXIS 10768 (6th Cir. 1987); Behanan v. Cobb, 2007 Ky. App. LEXIS 37 (Ky. Ct. App. 2007).

Notes to Unpublished Decisions

1. Civil Rights Challenge.

Unpublished decision: Defendant board of education was not liable for plaintiff teacher’s claim of constitutional violation, as his reprimand was ordered by other defendant school officials who acted without a policy or custom of the board, and under KRS 161.790 , 160.370 , 160.340 , the officials who reprimanded the teacher had no final policymaking authority. Baar v. Jefferson County Bd. of Educ., 476 Fed. Appx. 621, 2012 FED App. 0262N, 2012 U.S. App. LEXIS 5019 (6th Cir. Ky. 2012 ).

Opinions of Attorney General.

A school employee could not without the permission of the board and superintendent sign a letter in his capacity as an employee of the school system recommending that an individual be reelected to the General Assembly. OAG 63-572 .

A board of education has adequate authority to adopt regulations which would require teachers to submit to periodic physical examinations, if it appears that they are physically unable to discharge their duties as a teacher. OAG 65-560 .

A teacher under a continuing service contract may not be dismissed without cause and without following the provisions of this section. OAG 72-363 .

This section does not apply to the assignment of duties and reduction in salary but it applies only to the termination of a contract for one of the causes specified in the statute as authorizing termination. OAG 73-342 .

When a teacher taught for four consecutive years in a school district, took a leave of absence for three years, returned from her leave and taught two (2) consecutive years in the same district, she has by law a continuing service contract and is legally entitled to be reemployed in the coming year regardless of the notice she has received, unless her contract is terminated for cause or her contract is suspended. OAG 73-486 .

Since, under this section, the only way the continuing contract of tenured personnel can be terminated is by resignation, retirement or for cause, it is not necessary for the board of education to take any formal action at a board meeting relative to the continuing employment of tenured personnel, although there is no objection to incorporating into the minutes of the board the designation of names and positions of all tenured personnel in the school district for the ensuing school year. OAG 73-523 .

Where a teacher was dismissed by the school board and accepted such termination voluntarily by not demanding or receiving a hearing upon notification of termination, if such teacher’s civil rights were violated, not just contractual rights, any action for redress would have to be made in the courts but the present board would not be authorized to make a decision on such a matter or to grant tenure or restore sick leave. OAG 73-697 .

An individual, who has completed one year as an assistant principal, who for ten years just prior to said year was not employed in education and prior to the ten-year period, was a teacher on tenure and has had at least three years’ experience as an administrator, cannot be demoted without following the procedures of KRS 161.765 but under KRS 161.740 does not have tenure or a continuing contract and could be dismissed upon recommendation of the superintendent at the end of the school year without going through the procedures of KRS 161.790 . OAG 75-413 .

A board of education may not pay a suspended teacher any salary accumulated during his suspension unless it is determined at a hearing that the teacher’s contract will not be terminated. OAG 76-102 .

An order requesting a teacher to search for a bomb or other such device would be both unreasonable and dangerous and therefore a teacher’s refusal to obey such an order would not be insubordination. OAG 77-254 .

A local board of education may terminate the employment of a teacher under this section within the protected 40-70 age range based upon individual assessment of the teacher’s ability, capabilities, etc. OAG 79-204 .

If a superintendent determines that grounds exist for cause for contract termination, the procedures specified in this section are to be followed. OAG 83-362 .

The term “teacher” in this statute embraces all certified employees in a school system below the superintendent. A principal or other administrator, in the context of school law, is first a teacher; in other words, the school administrator is a teacher assigned to administrative responsibilities in a school system. OAG 83-362 .

As with the other listed discharge for cause categories, there are no definitions in subdivision (1)(b) of this section to guide a local superintendent and board of education relative to the scope of the terms “immoral” or “conduct unbecoming a teacher”; obviously then there is some discretion to be exercised in a fair and reasonable manner by a superintendent and subsequently by a board of education in commencing and conducting a proceeding to terminate a teacher’s contract based upon one or more of these general legal cause categories. It is not believed the lack of definitions or need for exercising such discretion presents a problem of vagueness in this section. OAG 83-362 .

A single act showing immoral character or conduct unbecoming a teacher may be sufficiently serious enough on its own to stand as the basis for termination of teacher contract proceedings under subdivision (1)(b) of this section; the fulfillment of the requirements of subdivision (2)(a) (deleted by 1990 amendment) in situations of this sort would be accomplished by some supervisory personnel of the board, superintendent or principal, preparing in writing the manner in which it is believed the teacher’s performance will be compromised or in whatever way adversely affected by the act showing immoral character or unbecoming conduct. OAG 83-362 .

Since a trait of character is the issue under subdivision (1)(b) of this section, one method of proving character would be by a showing of a specific act or acts; thus, a charge of “immoral character,” as used in that subdivision, may be based upon a specific act inimical to the public welfare and perhaps more importantly the welfare of a community school system. OAG 83-362 .

Acts involving dishonesty, sexual misconduct or criminal action may be considered as either immoral conduct or conduct unbecoming a teacher within the scope of the causes for discharge; however, not every act involving dishonesty, sexual misconduct or criminal action can be deemed to impair the services of the teacher or administrator in instructing and supervising students or other school employees. School officials must be able to show that a nexus, or as it is sometimes referred to “rational connection,” exists between the conduct and school purposes such as to justify the discharge of a school employee. OAG 83-362 .

The tapes of the hearing concerning a teacher contract termination proceeding conducted pursuant to this section were available for public inspection under the Open Records Law, even though the tapes were in the possession of the reporter-transcriber rather than the Board of Education, as the teacher requested a public hearing and the matter had not reached the courts. OAG 87-62 .

A recommendation of dismissal of a certified staff member from a distinguished educator is binding on the superintendent. Upon receiving the recommendation, the superintendent is required to notify the staff member pursuant to this section. OAG 92-135 .

A tribunal is required to be appointed under subsection (4) of this section upon receipt of the teacher’s notice of intention to answer the charge. OAG 92-135 .

Teachers dismissed upon recommendation of a distinguished educator continue to have a statutory right to be given cause for their dismissal and a right of appeal. OAG 92-135 .

Teachers retain the right to an individual determination of competence and compliance with school laws. The fact that the teachers are evaluated by the distinguished educator does not change the fact that, utlimately, dismissal occurs under this section for the reasons set forth therein. OAG 92-135 .

Termination of a teacher who is placed on probation under the criteria of KRS 158.6455(5) constitutes termination for cause under this section, and accordingly invokes a right of appeal. OAG 92-135 .

When a distinguished educator makes a dismissal recommendation to the superintendent pursuant to KRS 158.6455 , that recommendation is binding on the superintendent. The recommendation is based on an individual evaluation of the teacher by the distinguished educator after a minimum of six months of evaluation. In view of the fact that the termination is for cause, based on an evaluation of the teacher, some documentation or evidence is required. OAG 92-135 .

One time payments to teachers to induce retirement are constitutional under Ky. Const., § 3 as such payments are in consideration of public service. The key fact that makes these payments constitutional is the voluntary retirement of the teacher; such an act is a “present” service for which an emolument is paid, not a past service for which a gratuity is given. OAG 96-23 .

A school district’s denial of access to a settlement agreement with a former employee could not be justified by KRS 61.878(1)(l), operating in tandem with subsection (5) of this section, since the latter statute does not shield from disclosure a settlement agreement entered into by a teacher and a school district. OAG 00-ORD-5.

Research References and Practice Aids

Kentucky Bench & Bar.

Wolnitzek, The Fair Demotion Act, Vol. 57, No. 1, Winter 1993, Ky. Bench & Bar 23.

Brooks, Disciplinary Action Against School Teachers, Vol. 42, No. 4, Fall 1995, Ky. Bench & Bar 6.

Kentucky Law Journal.

Kentucky Law Survey, Bratt, Education, 64 Ky. L.J. 293 (1975-76).

Comments, Constitutional Limitations on Mandatory Teacher Retirement, 67 Ky. L.J. 253 (1978-1979).

Kentucky Law Survey, Hanley and Schwemm, Education: Teacher’s Rights, 67 Ky. L.J. 721 (1978-1979).

Kentucky Law Survey, Rogers and Sims, Administrative Law, 69 Ky. L.J. 489 (1980-81).

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

Northern Kentucky Law Review.

Notes, School Law — Nonrenewal of Nontenured Teacher's Contract — Procedural Due Process —Wells v. Board of Regents, 545 F.2d 15, 1976 U.S. App. LEXIS 6054 (6th Cir. 1976) andPlummer v. Board of Regents, 552 F.2d 716, 1977 U.S. App. LEXIS 13918 (6th Cir. 1977), 5 N. Ky. L. Rev. 141 (1978).

Wright, Fowler v. Board of Education: The Scope of Teachers’ Free Speech Rights, 15 N. Ky. L. Rev. 279 (1988).

Edmondson and Rylee, Termination of the Tenured Teacher in Kentucky: Does K.R.S. 161.790

161.795. Investigation of and records that school employee acted improperly relating to statewide assessment program — Certain records to be expunged.

  1. In cases where a decision or judgment was tendered in an administrative or judicial proceeding before July 15, 1998, in an investigation of allegations that a teacher, administrator, or other school employee acted improperly relating to the statewide assessment program required by KRS 158.6453 , all references relating to the investigation, findings, and disciplinary actions shall be expunged from the individual’s personnel file by the local school district, and the Kentucky Department of Education and the Education Professional Standards Board shall expunge any references to the investigation and findings in all agency files. This shall apply to all affected persons found not guilty of the allegations.
  2. After July 15, 1998, allegations that a teacher, administrator, or other school employee has acted improperly relating to the statewide assessment program required by KRS 158.6453 shall be investigated. If the individual is found not guilty of the allegations, all references to the charges shall be immediately expunged from the individual’s personnel file in the local school district, and the Kentucky Department of Education and the Education Professional Standards Board shall expunge all references to the investigation from all agency files.

History. Enact. Acts 1998, ch. 465, § 1, effective July 15, 1998.

161.800. Suspension of contracts on reducing number of teachers.

When by reason of decreased enrollment of pupils, or by reason of suspension of schools or territorial changes affecting the district, a local superintendent decides that it shall be necessary to reduce the number of teachers, he shall have full authority to make reasonable reduction. But, in making such reduction, the local superintendent shall, within each teaching field affected, give preference to teachers on continuing contracts and to teachers who have greater seniority. Teachers whose continuing contracts are suspended shall have the right of restoration in continuing service status in the order of seniority of service in the district if teaching positions become vacant or are created for which any of the teachers are or become qualified.

History. Enact. Acts 1942, ch. 113, § 9; 1944, ch. 98; 1990, ch. 476, Pt. IV, § 249, effective July 13, 1990.

NOTES TO DECISIONS

  1. Construction.
  2. Pre-Suspension Hearing.
1. Construction.

This section deals with seniority only as it affects employment and not as it affects position. Marshall v. Conley, 258 S.W.2d 911, 1953 Ky. LEXIS 893 ( Ky. 1953 ).

2. Pre-Suspension Hearing.

Tenured school teachers who were suspended because of decreased enrollment did not have a property right in continued employment and its benefits to entitle them to a pre-suspension hearing. Downs v. Henry County Bd. of Education, 769 S.W.2d 49, 1988 Ky. App. LEXIS 190 (Ky. Ct. App. 1988).

Cited:

Taylor v. Hampton, 271 S.W.2d 887, 1954 Ky. LEXIS 105 7 ( Ky. 1954 ); Moore v. Babb, 343 S.W.2d 373, 1960 Ky. LEXIS 105 ( Ky. 1960 ); Settle v. Camic, 552 S.W.2d 693, 1977 Ky. App. LEXIS 736 (Ky. Ct. App. 1977); Harlan County Board of Education v. Stagnolia, 555 S.W.2d 828, 1977 Ky. App. LEXIS 805 (Ky. Ct. App. 1977).

Opinions of Attorney General.

Under this section a teacher with a lifetime certificate based on 64 college hours and ten years’ experience has seniority over the teacher who possesses a temporary certificate with 120 college hours and only three years’ experience. OAG 61-528 .

This section is applicable to both teachers with limited contracts and teachers with continuing contracts. OAG 61-528 .

Seniority gives no special preference on nontenure teachers. OAG 73-383 ; 73-702.

When a shortage of funds necessitates the reduction of teaching personnel the only statutory preference granted is to teachers with a continuing contract, and the school board upon the recommendation of the superintendent may reemploy or not reemploy such teachers as have a limited contract provided those not to be reemployed are notified by May 15th. OAG 73-383 ; 73-702.

When a teacher taught for four consecutive years in a school district, took a leave of absence for three years, returned from her leave and taught two consecutive years in the same district, she has by law a continuing service contract and is legally entitled to be reemployed in the coming year regardless of the notice she has received, unless her contract is terminated for cause or her contract is suspended. OAG 73-486 .

The suspension of contracts under this section must be based upon continuing contracts and seniority and further, the certification of the teacher must be taken into account. OAG 80-150 .

The term “qualified” at the end of this section must be construed as equivalent to certification, thus, if a teacher suspended from the teaching field affected is properly certified to teach in another teaching field in the school system and the suspended teacher has greater seniority than teachers in the field for which he or she is also qualified, then the continuing contract status teacher with the least seniority in that teaching field may be suspended under this section and so on. OAG 80-150 .

Seniority is not required by statute to come into play in deciding which administrative employees to transfer as a result of reductions; however, school districts may adopt a procedure of considering seniority as a factor in a reduction of administrators situation. OAG 82-135 .

Research References and Practice Aids

Kentucky Law Journal.

Kentucky Law Survey, Bratt, Education, 64 Ky. L.J. 293 (1975-76).

161.810. Continuance of status in case of annexation or consolidation of schools.

If an entire school district or that part of a school district which comprises the territory in which a school or schools are situated is transferred to any other district, or if the schools in an independent or county school district are consolidated or centralized, the teachers in such consolidated or centralized schools employed on continuing contracts immediately prior to such transfer, consolidation, or centralization shall, subject to the limitations imposed by KRS 161.800 , have continuing service status in the newly centralized or consolidated school, or in the district to which the territory is transferred.

History. Enact. Acts 1942, ch. 113, § 10; 1944, ch. 98; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 547, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Taylor v. Hampton, 271 S.W.2d 887, 1954 Ky. LEXIS 1057 ( Ky. 1954 ).

Civil Service for Noninstructional Employees of Board of Education of City of Second Class

161.821. Definitions for KRS 161.822 to 161.837. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 1) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.822. Board of education in city of second class authorized to establish civil service system for noninstructional employes — Petition — Resolution — Creation of commission. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 2) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.823. Civil service commission — Membership — Appointment — Term — Vacancies — Compensation — Meetings — Quorum. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 3) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.824. Employes of commission — Appropriation for expenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 4) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.825. Noninstructional employes of board of education to be appointed from eligibility lists. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 4) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.826. Rules and regulations governing civil service system. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 5; 1966, ch. 239, § 147) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.827. Emergency appointments — Promotions — Classification of present employes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 6) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.828. Tenure of employes — Dismissal or suspension. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 7) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.829. Prohibition against solicitation or assessment, political activity or acceptance of compensation other than salary. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, §§ 8 and 12) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.830. Political or religious opinions not to be given consideration. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 9) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.831. Manual of instructions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 11) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.832. Annual notice to employes of salary for coming year — Increase or decrease of salary. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 13) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.833. Leave of absence. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 14) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.834. Transfer of employes to other positions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 15) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.835. Corrupt action, impersonation or giving of false information forbidden. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 16) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.836. Giving consideration for appointment or promotion forbidden. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 17) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.837. Prosecution of violations of KRS 161.821 to 161.836. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 201, § 18) was repealed by Acts 1978, ch. 274, § 2, effective June 17, 1978.

161.841. Retirement plan for noninstructional school employees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 197) was repealed by Acts 1990, ch. 476, § 616, effective July 13, 1990.

Penalties

161.990. Penalties.

  1. Any person who violates any provisions of KRS 161.164 shall be guilty of a Class A misdemeanor. Any school board candidate or school board member who willfully violates any provision of KRS 161.164 shall also be disqualified from holding the office of school board member.
  2. Any teacher or employee of a district who willfully violates any provision of KRS 161.164 shall be ineligible for employment in the common schools for a period of five (5) years.
  3. Any person who violates any of the provisions of KRS 161.190 shall be guilty of a Class A misdemeanor.
  4. Any teacher who violates any of the provisions of subsection (2) of KRS 161.210 shall be subject to a fine of fifty dollars ($50) and upon conviction his certificate shall be revoked.
  5. A violation of any of the provisions of KRS 161.661 or 161.690 is a misdemeanor and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000).

History. 4503-6, 4503-8, 4506b-50; amend. Acts 1946, ch. 201, § 10; 1962, ch. 244, Art. IV, § 3; 1972, ch. 82, § 24; 1978, ch. 274, § 1, effective June 17, 1978; 1982, ch. 36, § 1, effective July 15, 1982; 1986, ch. 255, § 3, effective July 15, 1986; 1990, ch. 476, Pt. II, § 87, effective July 13, 1990.

NOTES TO DECISIONS

1. Purpose.

Constitution § 183 places a duty on the General Assembly to establish an efficient common school system free from political influence and this section and KRS 161.164 were enacted by the General Assembly in an effort to comply with this directive. State Bd. for Elementary & Secondary Educ. v. Howard, 834 S.W.2d 657, 1992 Ky. LEXIS 85 ( Ky. 1992 ).

Cited:

Cooksey v. Board of Education, 316 S.W.2d 70, 1957 Ky. LEXIS 3 ( Ky. 1957 ).

Research References and Practice Aids

Kentucky Law Journal.

Taylor, With Temperate Rod: Maintaining Academic Order in Secondary Schools, 58 Ky. L.J. 616 (1970).

CHAPTER 162 School Property and Buildings

School Property

162.010. Title to school property.

The title to all property owned by a school district is vested in the Commonwealth for the benefit of the district board of education. In the acquisition of land for school purposes, whether by purchase or condemnation, or otherwise, the title obtained shall be in fee simple, except that title to land received from the federal government or any agency thereof can be received in other than fee simple with the approval of the Attorney General of the Commonwealth. Any reversionary interest in any land held by boards of education on June 14, 1934, shall not deprive such boards of the ownership of the buildings or other improvements thereon.

History. 4399-19; amend. Acts 1954, ch. 20, § 1; 1958, ch. 136, § 1; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 548, effective July 13, 1990.

Compiler’s Notes.

This section (4399-19; amend. Acts 1954, ch. 20, § 1; 1958, ch. 136, § 1) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 548, effective July 13, 1990.

NOTES TO DECISIONS

  1. Purpose of Acquisition.
  2. Title in Commonwealth.
  3. Abolishment of School District.
  4. Conveyance.
  5. — Warranty Deed.
  6. Reversionary Interest.
  7. — Creation.
  8. — Trustee As Grantor.
  9. — Buildings and Improvements.
  10. Decisions Made by Local School Board.
  11. Adverse Possession.
1. Purpose of Acquisition.

The board of education had no power under this section to acquire any land except for school purposes. Ford v. Pike County Board of Education, 310 Ky. 177 , 220 S.W.2d 389, 1949 Ky. LEXIS 876 ( Ky. 1949 ).

The phrase “school purposes” was broad and comprehensive and included building living quarters for teachers and custodial employes, where conditions warranted. Ford v. Pike County Board of Education, 310 Ky. 177 , 220 S.W.2d 389, 1949 Ky. LEXIS 876 ( Ky. 1949 ).

2. Title in Commonwealth.

Where property conveyed to private trustees in trust “for school purposes” was operated for many years by county board of education under agreement with trustees, the law vesting title to all school property in the Commonwealth operated to transfer title to the property from the trustees to the Commonwealth. Subsequent legislation requiring city independent district in which property was located to provide school service of the type being furnished in the school located on the property did not affect the title, which remained in the Commonwealth. Board of Education v. Board of Education, 292 Ky. 261 , 166 S.W.2d 295, 1942 Ky. LEXIS 69 ( Ky. 1942 ).

3. Abolishment of School District.

When a district was abolished, title to its property passed to the successor district. Breathitt County Board of Education v. Back, 214 Ky. 284 , 283 S.W. 99, 1926 Ky. LEXIS 328 ( Ky. 1926 ) (decided under prior law).

When duty to provide school service for colored children in cities of fifth and sixth classes was transferred from county board to city board, city board was entitled to use school building formerly used by county board for colored children. Board of Education v. Board of Education, 292 Ky. 261 , 166 S.W.2d 295, 1942 Ky. LEXIS 69 ( Ky. 1942 ).

4. Conveyance.

Boards of education had statutory authority to convey property. Bellamy v. Board of Education, 255 Ky. 447 , 74 S.W.2d 920, 1934 Ky. LEXIS 259 ( Ky. 1934 ) (decided under prior law).

A board of education could not rescind a conveyance made five years earlier by a former board on the mere ground that it was a bad bargain. Trustees of Congregational Church v. Evarts Graded Common School Dist., 230 Ky. 94 , 18 S.W.2d 887, 1929 Ky. LEXIS 25 ( Ky. 1929 ) (decided under prior law).

Law that provided for acquisition of land for school in fee simple in school board while binding on the school board, did not bind the grantor and his privies, and did not invest a school board with better title than the deed purported to convey. Webster County Board of Education v. Gentry, 233 Ky. 35 , 24 S.W.2d 910, 1930 Ky. LEXIS 486 ( Ky. 1930 ) (decided under prior law).

5. — Warranty Deed.

Where grantor, who had only a life estate, conveyed land to a school district under a general warranty deed, subsequent acquisition of the fee by the grantor inured to the benefit of the school district. Hollon v. Wolfe County Board of Education, 307 Ky. 671 , 212 S.W.2d 129, 1948 Ky. LEXIS 815 ( Ky. 1948 ).

6. Reversionary Interest.

A conveyance “for school purposes” did not, in and of itself, create a reversionary interest. Binder v. County Board of Education, 224 Ky. 143 , 5 S.W.2d 903, 1928 Ky. LEXIS 549 ( Ky. 1928 ) (decided under prior law).

When the grantor of a lot to a school district was also one of the trustees, and received a valuable consideration, a clause of reversion could not have been enforced by him or a grantee without consideration. Terry v. Rose, 251 Ky. 314 , 64 S.W.2d 909, 1933 Ky. LEXIS 857 ( Ky. 1933 ) (decided under prior law).

This section did not bar operation of a reversionary clause in deed conveying land to school district for school purposes. Lykins v. Wolfe County Board of Education, 307 Ky. 24 , 209 S.W.2d 717, 1948 Ky. LEXIS 672 ( Ky. 1948 ).

Reversionary interest in school property will be enforced. Board of Education v. Society of Alumni, etc., 239 S.W.2d 931, 1951 Ky. LEXIS 907 ( Ky. 1951 ).

7. — Creation.

A deed to school district containing a clause of reversion created in the trustees a determinable or qualified fee. Fayette County Board of Education v. Bryan, 263 Ky. 61 , 91 S.W.2d 990, 1936 Ky. LEXIS 133 ( Ky. 1936 ).

A conveyance to be held so long as the property was used for school purposes did create a reversionary interest. Fayette County Board of Education v. Bryan, 263 Ky. 61 , 91 S.W.2d 990, 1936 Ky. LEXIS 133 ( Ky. 1936 ).

Title to land should have reverted to grantor’s descendants where deed to school district, by describing land as that on which new school house “now stands,” and by providing that it was not to be conveyed for use of individual, created limitation or condition, and school district thereafter abandoned land and conveyed it to individual. Devine v. Isham, 284 Ky. 587 , 145 S.W.2d 529, 1940 Ky. LEXIS 546 ( Ky. 1940 ).

8. — Trustee As Grantor.

Provision in deed of land made by grantor, who was member of trustees of school district, that land should revert to donors, their heirs and assigns, as soon as school site was changed, was void, since it was duty of trustees under this section to acquire title to school sites in fee simple, and hence successors of grantor could not recover land notwithstanding trustees had abandoned land for school purposes. Keeton v. Wayne County Board of Education, 287 Ky. 174 , 152 S.W.2d 595, 1941 Ky. LEXIS 518 ( Ky. 1941 ).

9. — Buildings and Improvements.

Where county board of education in violation of statute took title to school lot with a reversion to grantors or their legal heirs when it ceased to be used for school purposes and later sold original school building which was removed from land after suit was filed by grantors’ successors, there was an abandonment or cessation of use in the absence of affirmative showing of plan to erect a new building within a reasonable time and grantors’ successors could have recovered land and building. Webster County Board of Education v. Wynn, 303 Ky. 110 , 196 S.W.2d 983, 1946 Ky. LEXIS 801 ( Ky. 1946 ).

While lands might have reverted to heirs or grantees of the original grantor, the title to buildings and other improvements remained in the Commonwealth for the benefit of the proper school district authorities. Cole v. Shockley, 309 Ky. 313 , 217 S.W.2d 649, 1949 Ky. LEXIS 695 ( Ky. 1949 ).

Statute in existence at time a deed of land to school district was executed, and reading substantially as this section, was construed to prevent title to abandoned school building or equipment from passing to owner of reversionary interest in the land. Cole v. Shockley, 309 Ky. 313 , 217 S.W.2d 649, 1949 Ky. LEXIS 695 ( Ky. 1949 ).

Provision providing that any reversionary interest in land used for school purposes should not deprive board of education of buildings or other improvements thereon, was not applicable to deed executed prior to passing of statute. Barren County Board of Education v. Jordan, 249 S.W.2d 814, 1952 Ky. LEXIS 879 ( Ky. 1952 ).

10. Decisions Made by Local School Board.

The underlying theme of this section is that the actual decisions addressed hereunder are to be made by the local school board, not the state. Blackburn v. Floyd County Bd. of Educ., 749 F. Supp. 159, 1990 U.S. Dist. LEXIS 18321 (E.D. Ky. 1990 ).

11. Adverse Possession.

Title to property for school purposes may have been acquired by adverse possession. County Board of Education v. Mill Creek Methodist Church, 242 Ky. 147 , 45 S.W.2d 1026, 1932 Ky. LEXIS 231 ( Ky. 1932 ) (decided under prior law).

Cited:

Schuerman v. State Board of Education, 284 Ky. 556 , 145 S.W.2d 42, 1940 Ky. LEXIS 514 ( Ky. 1940 ); Louisville v. Manning, 309 Ky. 789 , 219 S.W.2d 13, 1949 Ky. LEXIS 813 ( Ky. 1949 ); Hopkins County Fiscal Court v. Commonwealth, 252 S.W.2d 875, 1952 Ky. LEXIS 1032 ( Ky. 1952 ); Employers Liability Assurance Corp. v. Johnson County, 262 S.W.2d 367, 1953 Ky. LEXIS 1088 ( Ky. 1953 ); Robertson v. Danville, 291 S.W.2d 816, 1956 Ky. LEXIS 400 ( Ky. 1956 ).

Opinions of Attorney General.

Under this section, the title to land acquired for school purposes is required to be in fee simple, and the acquisition of land by deed of easement is not permitted. OAG 60-423 .

A municipality may not erect a water tank on school premises without the consent of the board of education and the payment of fair compensation for the use of school property. OAG 63-1060 .

The right of the grantor to place and use mining entries through the surface of the land adjacent to school buildings and near which school children might be playing would violate the statute. OAG 65-345 .

The intent and purpose of the statute are satisfied if title is taken in fee simple only to the surface rights which are unlimited as to duration and descendibility. OAG 65-345 .

Purchases of athletic equipment of over $1,000 by a district school board would have to be made by the bidding procedure even though the purchase money was derived from admissions to athletic exhibitions. OAG 69-327 .

A school board is not required to obtain prior approval of the local planning unit in order to construct a new school building. OAG 69-659 .

The exemption for schools contained in KRS 100.361(2) would not apply until the property is acquired. OAG 69-659 .

A city could not require a contractor to obtain a building permit for the construction of a county school within the city limits. OAG 70-636 .

A city could legally deed property for $1.00 to the Commonwealth for the benefit of the school board, with a reverter provision which would give a fee simple title subject to a right of entry (reverter), unless construction of a school building has begun within five years of the date of the deed’s execution, but if construction has begun within five years, the title would become a fee simple absolute. OAG 70-797 .

Where a school board bought land, the deed to which contained a covenant running with the land that the buyer would maintain a fence for the benefit of the adjoining tract, the covenant did not violate this section. OAG 71-407 .

Where title to property conveyed by the United States to a local board of education was a fee simple title, the transaction did not require the specific approval of the Attorney General even though the deed to the United States by its grantor contained a special warranty. OAG 72-316 .

It would be allowable for a transfer of property from the federal government to a Commonwealth school board to contain a right of entry clause so long as that right of entry is not carried beyond the 30-year limit set out in KRS 381.219 . OAG 72-477 .

Subsection (1) of KRS 156.070 does not give the State Board of Education the authority to enact an administrative regulation requiring that surplus property be disposed of either through sealed bids or by public auction, as the legal obligation of a school board in selling property is to get the fair market value for the property sold in order that its value will not be lost to the district and to school purposes and a school board has the legal authority to convey good title under this section to the surplus property it has agreed to sell. OAG 73-204 .

Since public common school buildings and school property are public property, no alcoholic beverages may be consumed in public school buildings or on public school property at any time. OAG 76-266 .

Once approval to sell school property as surplus is given by the Superintendent of Public Instruction, there is no legal requirement that a board of education must dispose of the property by public auction or advertisement of sealed bids and the board may establish a price for the land and sell to any purchaser willing and able to meet that price if the figure represents at least the appraised fair market value of the property. OAG 76-291 .

A deed of property to a local school board, subject to the grant of a prior 20-year lease of a portion of the property, to a local community action agency, at an annual rental of $1.00 but with the requirement that the lessee keep the leasehold in good repair, does not destroy or impair severely the fee title received. OAG 79-543 .

Research References and Practice Aids

Cross-References.

Commonwealth to be named as grantee in deed of land to state agency or to land paid for from state funds, KRS 56.030 .

Flag of Commonwealth, flying at public schools, KRS 2.030 .

Gifts and devises, acceptance of, KRS 160.580 .

Proceeds of sale of school property may be credited to building funds, KRS 160.476 .

School building fund taxes, KRS 160.476 .

State support of education, KRS Ch. 157.

Textbooks are property of state, KRS 157.150 .

Kentucky Law Journal.

Martin, Administrative Action for Efficient Debt Management: The Kentucky Case, 49 Ky. L.J. 505 (1961).

162.020. Transfer of property from one district to another — Title not affected — District may own school in another district.

  1. The title to school property in territory transferred from one (1) school district to another shall not be affected by the transfer. In case of the sale of such property the board of education to which the property belongs may allow a credit on the sale price of the property in proportion to the ratio which the school population of the transferred territory is to the total school population of the district from which the territory was transferred before the transfer was made.
  2. A board of education owning and operating a school plant in another district on June 14, 1934, may continue to own and operate the plant, and a county board of education may establish and maintain a school in an independent school district. Any independent school district may purchase school sites and establish and maintain schools outside the limits of the independent district, but independent districts containing cities of the first class or designated cities shall not purchase school sites or establish or maintain schools outside the county in which the independent district is located.
  3. As used in this section, “designated city” means a city classified as a city of the second class as of January 1, 2014, under the city classification system in effect prior to January 1, 2015. The Department of Education shall, on or before January 1, 2015, create an official registry listing the cities that qualify as a “designated city” under this section and shall publish that registry on its Web site.

History. 4399-5; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 549, effective July 13, 1990; 2014, ch. 92, § 227, effective January 1, 2015.

NOTES TO DECISIONS

  1. Construction.
  2. Merger with Two Districts.
1. Construction.

This section contemplates a situation in which the district from which territory was transferred would continue to operate as a school district. Board of Education v. Board of Education, 284 Ky. 774 , 146 S.W.2d 30, 1940 Ky. LEXIS 581 ( Ky. 1940 ).

2. Merger with Two Districts.

Where town independent school district was dissolved and part of it went to city district and part to county district resulting in merger with those districts, equitable disposition of property of former town district would be to divide it between city and county districts in proportion of population which became part of city district to that which became part of county district; liabilities of former town district being assumed by city and county districts in same proportion. Board of Education v. Board of Education, 284 Ky. 774 , 146 S.W.2d 30, 1940 Ky. LEXIS 581 ( Ky. 1940 ).

Research References and Practice Aids

Cross-References.

Liability for indebtedness on transfer or annexation of school property, KRS 160.065 .

162.030. Condemnation of property for school purposes.

Each board of education may, when unable to make a contract satisfactory to the board with the owner for the purchase of real estate to be used for school purposes, initiate condemnation proceedings pursuant to the Eminent Domain Act of Kentucky (KRS 416.540 to 416.670 ), and the title to land so obtained shall be vested in fee simple.

History. 4399-21; amend. Acts 1954, ch. 20, § 2; 1976, ch. 140, § 67; 1990, ch. 476, Pt. IV, § 250, effective July 13, 1990.

NOTES TO DECISIONS

  1. Future Needs.
  2. Resolution of Board.
  3. Negotiations.
  4. School Purposes.
  5. Compensation.
1. Future Needs.

Authority of school board to condemn is not limited to immediate needs only, but it may, and indeed should give consideration to future needs and the fact that a portion of the land taken will continue to be put to private use by a public utility holding a lease thereon until the needs of the board require its use does not destroy the right of eminent domain. Pike County Board of Education v. Ford, 279 S.W.2d 245, 1955 Ky. LEXIS 521 ( Ky. 1955 ).

2. Resolution of Board.

Technical strictness in the language of resolution adopted by board of education in condemnation proceedings is not required. Pike County Board of Education v. Ford, 279 S.W.2d 245, 1955 Ky. LEXIS 521 ( Ky. 1955 ).

3. Negotiations.

Where board made an inadequate offer but left the matter open to further negotiation by “if they feel that they can make some offer with some degree of reasonableness attached thereto, we shall be happy to receive and consider their offer” there was a good faith effort to negotiate and the board’s offer was not a “take it or leave it” offer. Pike County Board of Education v. Ford, 279 S.W.2d 245, 1955 Ky. LEXIS 521 ( Ky. 1955 ).

Where the board offered $150,000 for a 43.3-acre parcel when the owner had assessed the value of the entire 103-acre tract at $122,600, the condemnor made all the effort required by this section. Usher & Gardner, Inc. v. Mayfield Independent Board of Education, 461 S.W.2d 560, 1970 Ky. LEXIS 641 ( Ky. 1970 ).

4. School Purposes.

Where the approval of the proposed site by the Superintendent of Public Instruction and the State Department of Education was clearly proved, there was ample evidence to support the finding of the trial judge that the proposed acquisition was for school purposes. Usher & Gardner, Inc. v. Mayfield Independent Board of Education, 461 S.W.2d 560, 1970 Ky. LEXIS 641 ( Ky. 1970 ).

5. Compensation.

The landowner was entitled to receive as just compensation the difference in the fair market value of the total tract of land immediately before and immediately after the taking of a portion of the land for school purposes. Usher & Gardner, Inc. v. Mayfield Independent Board of Education, 461 S.W.2d 560, 1970 Ky. LEXIS 641 ( Ky. 1970 ).

Cited:

Crawford v. Murphy, 296 S.W.2d 738, 1956 Ky. LEXIS 235 ( Ky. 1956 ); Commonwealth, Dep’t of Highways v. McGeorge, 369 S.W.2d 126, 1963 Ky. LEXIS 68 ( Ky. 1963 ).

Opinions of Attorney General.

A city cannot require a subdivider to dedicate certain lands, shown or not shown on the master plan of current adoption, to the public for use as a site for schools and/or parks. OAG 65-417 .

The discretion in the matter of the use of a school house is given to the board of education and not the principal, but, unless there is some good reason to refuse the use of the property to a particular organization, the board should allow requesting organizations the use of the property under uniform conditions. OAG 74-362 .

Research References and Practice Aids

Cross-References.

Eminent Domain Act of Kentucky, KRS 416.540 to 416.680 .

162.040. Escheated property.

So much property in each school district as escheats to the state, and is not required by the provisions of KRS Chapter 393 to be disposed of in some other manner, shall vest in the state for the use and benefit of the public schools in the district. The board of education of the district may, in the name of the state and for the use and benefit of the schools of the district, by its chairman or other officer designated by it, enter upon and take possession of the property, or sue for and recover the property by action at law or in equity. The board may sell and convey any of the property by warranty deed or otherwise.

History. 4399-56; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 550, effective July 13, 1990.

Compiler’s Notes.

This section (4399-56) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 550, effective July 13, 1990.

NOTES TO DECISIONS

  1. Undevised Property.
  2. Property Owned by Alien.
1. Undevised Property.

In the case of undevised property, the eight-year (now three-year) waiting period prescribed by KRS 393.020 is not necessary. Commonwealth use of Board of Education v. Schultz's Unknown Heirs, 268 Ky. 806 , 105 S.W.2d 1067, 1937 Ky. LEXIS 537 ( Ky. 1937 ).

2. Property Owned by Alien.

The board of education of the school district in which property owned by an alien is situated may institute an action in the name of the Commonwealth to escheat the property. If the board has authorized the action, it is proper for the action to be brought by the Attorney General as relator. Commonwealth ex rel. Attorney Gen. v. Tamer, 293 Ky. 357 , 169 S.W.2d 19, 1943 Ky. LEXIS 626 ( Ky. 1943 ).

Cited:

Louisville v. Manning, 309 Ky. 789 , 219 S.W.2d 13, 1949 Ky. LEXIS 813 ( Ky. 1949 ).

Opinions of Attorney General.

Where escheated property formerly owned by a noncitizen of the United States is auctioned by the state with the state retaining the proceeds therefrom, the proceeds from the sale of the land are applied for the use and benefit of the public schools in the district in which the property is located, pursuant to this section. OAG 81-248 .

162.050. Use of schoolhouse by public assembly.

The board of education of any school district may permit the use of the schoolhouse, while school is not in session, by any lawful public assembly of educational, religious, agricultural, political, civic, or social bodies under rules and regulations which the board deems proper.

History. 4399-53; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 551, effective July 13, 1990.

Compiler’s Notes.

This section (4399-53) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 551, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Louisville v. Manning, 309 Ky. 789 , 219 S.W.2d 13, 1949 Ky. LEXIS 813 ( Ky. 1949 ); Hall v. Shelby County Bd. of Educ., 472 S.W.2d 489, 1971 Ky. LEXIS 197 ( Ky. 1971 ).

Opinions of Attorney General.

The utterance of prayers or the reading of the Bible can continue in PTA meetings and voluntary Bible classes held without the regular school hours or school curriculum. OAG 64-111 .

An independent school district can construct an auditorium-gymnasium and, after its completion, use the money which the city wishes to contribute as rent for the times when the building could be leased to the city. OAG 64-475 .

A district school board could not give approval to a ministerial association to distribute New Testaments to pupils in their classrooms. OAG 68-452 .

This section envisions occasional or spasmodic usage for short periods of time. OAG 71-212 .

Under this section school students who voluntarily out of spontaneous wishes hold prayer sessions outside of regular school hours on school property may be permitted to continue to do so, as the school board is not violating constitutional principles in allowing this specific activity. OAG 72-386 .

The use of school facilities is subject to the determination of a local board of education and it is paramount that the board adopt rules and regulations regarding the permitting of the use of school property so that such use does not in any way interfere with the conducting of any school program, curricular or co-curricular. OAG 79-321 .

A local board of education has the lawful authority and duty to prescribe the manner in which school buildings and facilities may be used by groups during nonschool hours. OAG 80-78 .

162.055. Use of school property by public for recreational, sporting, academic, literary, artistic, or community uses — Limited civil immunity.

  1. As used in this section:
    1. “Nonschool hours” refers to those times occurring during the school week which precede or follow regular classroom instruction and also includes weekends, holidays, and vacation breaks;
    2. “Public members of the community” includes, in addition to ordinary community members, both students who are not involved in a school-sanctioned curricular or extracurricular activity during nonschool hours and school staff when not working as employees of the school;
    3. “Recreation” includes any indoor or outdoor game or physical activity, either organized or unorganized, undertaken for exercise or sport;
    4. “School property” includes all indoor or outdoor school structures, facilities, and land, whether owned, rented, or leased by the school or school district; and
    5. “Sport” means an activity requiring physical exertion and skill, and which by its nature and organization is competitive, includes a set of rules, and is generally accepted in the community as a sport.
  2. A local school board may authorize the use of school property by public members of the community during nonschool hours for the purpose of recreation, sport, academic, literary, artistic, or community uses pursuant to policies adopted by the local school board.
  3. A school district and its board members, officers, and employees shall retain the same immunities for any claim for loss or injury arising from use of indoor or outdoor school property or facilities during nonschool hours allowed under this section as would otherwise apply or be available had the use occurred during school hours or for school-related activities.
  4. Nothing in this section shall be construed to:
    1. Create a duty of care or ground of liability for injury to persons or property;
    2. Relieve any person using the school property for recreation from any obligation which he or she may have in the absence of this section to exercise care in his or her use of the school property and his or her activities thereon, or from the legal consequences of failure to employ such care;
    3. Ripen into a claim for adverse possession, absent a claim of title or legal right; or
    4. Limit the liability protections available under KRS 411.190 or other law.

History. Enact. Acts 2012, ch. 133, § 1, effective July 12, 2012.

School Buildings

162.060. Plans for school buildings to be approved.

The chief state school officer shall be furnished a copy of all plans and specifications for new public school buildings contemplated by boards of education and for all additions to or alterations of old buildings. He shall examine or cause to be examined all such plans and specifications and shall approve or disapprove them in accordance with the rules and regulations of the Kentucky Board of Education. Plan reviews for conformance with the Uniform State Building Code shall be conducted only by the Department of Housing, Buildings and Construction. No board of education may award a contract for the erection of a new building or contract for an addition to or alteration of an old building until the plan has been approved by the chief state school officer.

History. 4384-23; amend. Acts 1978, ch. 117, § 17, effective February 28, 1980; 1978, ch. 155, § 82, effective June 17, 1978; 1990, ch. 476, Pt. IV, § 251, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 2010, ch. 24, § 211, effective July 15, 2010.

NOTES TO DECISIONS

  1. Discretion of Board and Superintendent.
  2. Contract for Construction.
  3. Decisions Made by Local School Board.
1. Discretion of Board and Superintendent.

When the board has obtained the approval of the Superintendent of Public Instruction of its plans for a new building, courts will not interfere with the proposed plans unless there is positive proof of fraud, collusion or a clear abuse of discretion since the obligation of locating school sites rests with the county board of education and it is not for the courts to say whether the board has acted wisely or unwisely in determining where the school should be located but the only question for the court’s determination is whether the board is exceeding its authority or is acting arbitrarily. Perry County Board of Education v. Deaton, 311 Ky. 227 , 223 S.W.2d 882, 1949 Ky. LEXIS 1100 ( Ky. 1949 ).

2. Contract for Construction.

A board of education lacks the power or capacity to enter a contract for school construction where the revenue bond method provided in KRS 162.120 to 162.290 is utilized. Hacker Bros. Constr. Co. v. Board of Education, 590 S.W.2d 897, 1979 Ky. App. LEXIS 493 (Ky. Ct. App. 1979).

3. Decisions Made by Local School Board.

The underlying theme of this section is that the actual decisions addressed hereunder are to be made by the local school board, not the state. Blackburn v. Floyd County Bd. of Educ., 749 F. Supp. 159, 1990 U.S. Dist. LEXIS 18321 (E.D. Ky. 1990 ).

Cited:

Pike County Board of Education v. Ford, 279 S.W.2d 245, 1955 Ky. LEXIS 52 1 ( Ky. 1955 ); Kentucky State Board of Education v. Isenberg, 421 S.W.2d 81, 1967 Ky. LEXIS 52 ( Ky. 1967 ); Usher & Gardner, Inc. v. Mayfield Independent Board of Education, 461 S.W.2d 560, 1970 Ky. LEXIS 641 ( Ky. 1970 ).

Research References and Practice Aids

Cross-References.

Sanitary and protective construction of school buildings to be regulated by State Board of Education, KRS 156.160 .

Kentucky Law Journal.

Russo, School-Based Decision Making in Kentucky: Dawn of a New Era or Nothing New Under the Sun?, 83 Ky. L.J. 123 (1994-95).

162.062. Plans for new public school buildings required to provide sufficient water bottle filling stations and drinking fountains — Specifications for design and maintenance of water bottle filling stations and drinking fountains.

  1. The chief state school officer shall not approve the plans and specifications for a new public school building contemplated by a board of education, as required by KRS 162.060 , unless the plans and specifications provide for:
    1. A minimum of two (2) water bottle filling stations in each school;
    2. A minimum of one (1) drinking fountain or water bottle filling station on each floor and wing of each school building; and
    3. A minimum of one (1) drinking fountain or water bottle filling station for every seventy-five (75) students projected to attend the school upon completion of the proposed construction.
  2. Any water bottle filling station installed in a public school building shall:
    1. Dispense filtered, clean drinking water;
    2. Be regularly cleaned and maintained; and
    3. If there is no drinking fountain on the same floor and wing as the water bottle filling station, be accompanied by a cup dispenser.
  3. Any drinking fountain installed in a public school building shall:
    1. Be equipped with a protective cowl;
    2. Be equipped with a water spout at least one (1) inch above the overflow rim of the drinking fountain;
    3. Dispense filtered, clean drinking water; and
    4. Be regularly cleaned and maintained.

HISTORY: 2019 ch. 197, § 6, effective June 27, 2019; 2020 ch. 22, § 1, effective March 17, 2020.

162.065. Administrative regulations for use by local school boards when constructing schools using construction managers — Items considered equal to specifications may be furnished.

The State Board of Education shall promulgate administrative regulations for use by local school boards when constructing school buildings using construction managers. A construction manager is an experienced and qualified construction contracting organization that is paid a fee for its professional management and supervision services. The regulations shall include, but not be limited to:

  1. A standard “Request for Proposal” form, including appropriate criteria for use by local school boards to ensure only qualified construction managers are considered:
    1. A list of successfully completed projects or a demonstrated capability to perform projects of a similar type;
    2. A descriptive detail of projects showing the experience and the ability to perform budget estimating, value engineering, and scheduling; and
    3. A list of experienced and qualified personnel with a track record of achieved quality and the capability to provide bidder solicitation;
  2. Adequate public notice of the invitation for proposals shall be given a sufficient time prior to the date set for the opening of proposals;
  3. A requirement for bids, when requested by a construction manager, be submitted to the architect or owner and opened in public;
  4. A requirement that all bids for school construction projects be advertised in newspapers with the largest local circulation;
  5. A sample fee schedule for construction manager services shall be developed by recommendation of a diversified committee consisting of Department of Education personnel, architects, and construction managers for the guidance of local school boards;
  6. A requirement that established qualifications-based selection procedures be implemented by local boards when selecting firms to provide architectural and engineering services; and
  7. A requirement that specifications in every invitation for bids or request for proposals shall provide that an item equal to that named or described in the specifications may be furnished. The specifications may identify a sole brand in cases where, in the written opinion of the chief procurement officer, documented unique and valid conditions require compatibility, continuity, or conformity with established standards. An item shall be considered equal to the item named or described if, in the opinion of the local board and the design professional responsible for the specifications:
    1. It is at least equal in quality, durability, strength, design, and other criteria deemed appropriate;
    2. It will perform at least equally the function imposed by the general design for the public work being contracted for or the material being purchased; and
    3. It conforms substantially to the detailed requirements for the item in the specifications.

History. Enact. Acts 1992, ch. 379, § 1, effective July 14, 1992; 2008, ch. 47, § 5, effective July 15, 2008.

162.066. Restriction on award of contracts by construction manager.

When a construction manager is utilized in construction, maintenance, repairs, or renovation or expansion of school facilities the construction manager shall not award construction contracts to any company which the manager owns or in which the manager has a financial interest if less than two (2) bids are accepted.

History. Enact. Acts 1992, ch. 379, § 2, effective July 14, 1992.

162.067. Application of KRS 162.065 and 162.066.

KRS 162.065 and 162.066 shall apply to all construction of new school facilities, maintenance, and repair of existing school facilities, renovation of existing school facilities, or expansion of existing school facilities.

History. Enact. Acts 1992, ch. 379, § 3, effective July 14, 1992.

162.070. Contracts for buildings, improvements, and materials to be let on competitive bidding — When advertisements not required.

The contracts for the erection of new school buildings, additions and repairs to old buildings, except additions or repairs not exceeding seven thousand five hundred dollars ($7,500), shall be made by the board of education with the lowest and best responsible bidder complying with the terms of the letting, after advertisement for competitive bids pursuant to KRS Chapter 424, but the board may reject any or all bids. All necessary specifications and drawings shall be prepared for all such work. The board shall advertise for bids on all supplies and equipment that it desires to purchase, except where the amount of the purchase does not exceed seven thousand five hundred dollars ($7,500), and shall accept the bid of the lowest and best bidder taking into consideration the price and the reciprocal preference for resident bidders under KRS 45A.494 , but the board may reject any and all bids.

History. Enact. Acts 1980, ch. 250, § 1, effective April 9, 1980; 1990, ch. 476, Pt. IV, § 252, effective July 13, 1990; 2010, ch. 162, § 20, effective July 15, 2010.

Compiler’s Notes.

A former identical section (4399-48; amend. Acts 1954, ch. 172; 1966, ch. 239, § 148; 1976, ch. 185, § 1; 1978, ch. 58, § 1) was repealed by Acts 1978, ch. 110, § 106, effective January 1, 1980.

Opinions of Attorney General.

Under the wording “lowest and best responsible bidder,” as set forth in this section, it means not only the lowest monetary bid, but it means that the factors of business judgment, capacity, skill, and responsibility of the bidder must be carefully assessed in awarding the bid. OAG 80-396 .

Although site work can be and is usually interpreted to be a part of a project involving school building construction or remodeling, site work unrelated to school building construction does not come within the scope of this section. Thus, where a school district wished to correct a drainage problem at one of its schools, KRS 424.260 and the $7,500 “small purchases” ceiling was applicable to the contract for drainage site work. OAG 82-407 .

To the extent this section and KRS 424.260 are in conflict, the provisions and therefore the $7,500 amount found in KRS 424.260 , as amended in 1982, must be deemed to prevail over the lower $5,000 amount remaining in this section. OAG 82-407 . (The amount now specified by KRS 424.260 is $20,000.)

A Labor Agreement between a local Board of Education and a Labor Union in a school construction project is not prohibited provided the terms of the labor agreement do not offend or violate the Kentucky Model Procurement Code (KRS Chapter 45A) or the public school construction statute found at KRS 162.070 . OAG 10-006 .

162.075. Compliance with code not necessary on purchases from federal government.

The provisions of KRS Chapter 45A and KRS 162.070 shall not apply to purchases made by the boards of education within the Commonwealth of Kentucky from the United States of America, or any agency thereof.

History. Enact. Acts 1946, ch. 187, § 1; 1978, ch. 110, § 104, effective January 1, 1980; 1980, ch. 250, § 18, effective April 9, 1980; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 552, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 187, § 1; 1978, ch. 110, § 104, effective January 1, 1980; 1980, ch. 250, § 18, effective April 9, 1980) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 552, effective July 13, 1990.

Research References and Practice Aids

Cross-References.

Political subdivision may purchase from federal government without taking bids, KRS 66.470 .

162.080. Bond issues for school sites and buildings — Authorization — Election.

  1. Whenever a board of education deems it necessary for the proper accommodation of the schools of its district to enlarge sites for school buildings, to purchase new sites, which in the case of independent districts may be not more than two (2) miles without the boundary lines of the district, to improve, remodel, or restore school buildings, to erect or equip new school buildings, or for any or all of these purposes, and the annual funds raised from other sources are not sufficient to accomplish the purpose, the board shall make a careful estimate of the amount of money required for the purpose and shall determine the amount of money for which bonds shall be issued and the purpose to which the proceeds shall be applied. Upon request of the board of education of any district, the county clerk shall submit to the qualified voters of the district, the question as to whether bonds shall be issued for the purpose. The question shall be so framed that the voter may by his vote answer “for” or “against.”
  2. The request shall be accompanied by an ordinance or resolution which shall fix the time the bonds shall run and, if a serial issue, the amount to mature at each time. It shall limit the rate of interest to be permitted on the bonds, which shall not exceed the amount permitted by law, and the total amount of bonds to be issued, and shall provide for the levy of a tax to pay the interest and to create a sinking fund to retire them at their maturity.
  3. The election shall be held not less than fifteen (15) nor more than thirty (30) days from the time the request of the board of education is filed with the county clerk, and reasonable notice of the election shall be given. The election shall be conducted and carried out in the school district in all respects as required by the general election laws, and shall be held by the same officers as required by the general election laws. The expense of the election shall be borne by the school district.

History. 4399-47; amend. Acts 1962, ch. 180, § 1; 1976, ch. 127, § 20; 1990, ch. 48, § 86, effective July 13, 1990; 1990, ch. 476, Pt. V, § 553, effective July 13, 1990.

Legislative Research Commission Note.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

NOTES TO DECISIONS

  1. Authority of Board.
  2. Stadium.
  3. Application of Proceeds.
  4. Resolution.
  5. Time of Maturity.
  6. Voting in Accordance with Ordinance.
  7. Submission.
  8. Election.
  9. — Time for Holding.
  10. — Notice.
1. Authority of Board.

The kind and cost of a school building are matters to be determined by the board of education. Boll v. Ludlow, 234 Ky. 812 , 29 S.W.2d 547, 1930 Ky. LEXIS 274 ( Ky. 1930 ) (decided under prior law).

Where school board was renting school building constructed under holding company plan, and one of buildings was destroyed by fire, school board had no authority to issue funding bonds to enable building to be reconstructed. Stith v. Board of Education, 292 Ky. 91 , 166 S.W.2d 58, 1942 Ky. LEXIS 53 ( Ky. 1942 ).

2. Stadium.

A board is not authorized to expend funds for a high school stadium, as the latter is not a “school building” within the meaning of this statute. Board of Education v. Williams, 256 S.W.2d 29, 1953 Ky. LEXIS 714 ( Ky. 1953 ) (decided under prior law).

3. Application of Proceeds.

When the question submitted concerns only sites and buildings, no part of the bond proceeds may be used to equip buildings. Hager v. Board of Education, 254 Ky. 791 , 72 S.W.2d 475, 1934 Ky. LEXIS 160 ( Ky. 1934 ).

4. Resolution.

Omissions in the resolution of the school board may be supplied by the ordinance or resolution of the taxing authority. Mollette v. Board of Education, 260 Ky. 737 , 86 S.W.2d 990, 1935 Ky. LEXIS 562 ( Ky. 1935 ).

Where resolution of board provided for issuance of serial bonds and ordinance provided for issuance of bonds in the amount of $1,000 each to mature in not exceeding 40 years the bonds were invalid as the resolution did not comply with the ordinance. Suratt v. Board of Education, 313 Ky. 343 , 231 S.W.2d 88, 1950 Ky. LEXIS 894 ( Ky. 1950 ).

5. Time of Maturity.

The question as to whether school improvement bonds should be callable before maturity is one of time of payment as dealt with in this section and not merely a mechanical detail as dealt with in KRS 162.090 . Howard v. Board of Education, 311 Ky. 130 , 223 S.W.2d 721, 1949 Ky. LEXIS 1076 ( Ky. 1949 ).

6. Voting in Accordance with Ordinance.

All of the authority vested in the board as to the sale and handling of the bonds and their payment is predicated upon the manner in which they are voted, which must be in accordance with the ordinance of the fiscal court providing for the bond election. Howard v. Board of Education, 311 Ky. 130 , 223 S.W.2d 721, 1949 Ky. LEXIS 1076 ( Ky. 1949 ).

7. Submission.

Where board of education followed the procedure of this section and certified its action to the board of aldermen of city of first class, the proper tax levying authority, it was the duty of the board of aldermen to provide for the submission of the question of their issuance to the people and take other consistent proceedings. Louisville v. Board of Education, 302 Ky. 647 , 195 S.W.2d 291, 1946 Ky. LEXIS 725 ( Ky. 1946 ).

8. Election.

Provision of law requiring election to be held in not less than 15 nor more than 30 days after filing of certificate, was merely directory, and an election held 33 days thereafter was a substantial compliance with the law and was valid. Davidson v. Board of Education, 225 Ky. 165 , 7 S.W.2d 1056, 1928 Ky. LEXIS 738 ( Ky. 1928 ) (decided under prior law).

9. — Time for Holding.

The date of school elections is not controlled by Ky. Const., § 148. Mollette v. Board of Education, 260 Ky. 737 , 86 S.W.2d 990, 1935 Ky. LEXIS 562 ( Ky. 1935 ).

Although polling hours are from six a.m. to four p.m., when an election is held at different hours it must be shown that such hours affected the result of the election. Mollette v. Board of Education, 260 Ky. 737 , 86 S.W.2d 990, 1935 Ky. LEXIS 562 ( Ky. 1935 ).

It will be presumed that the election was held at the proper hours, even though call and notice provided otherwise. Mollette v. Board of Education, 260 Ky. 737 , 86 S.W.2d 990, 1935 Ky. LEXIS 562 ( Ky. 1935 ).

10. — Notice.

Publication of notice of election in one issue of a newspaper of general circulation in the district, and posting in six public places 15 days before the election, constituted sufficient notice. Mollette v. Board of Education, 260 Ky. 737 , 86 S.W.2d 990, 1935 Ky. LEXIS 562 ( Ky. 1935 ).

Cited:

Runyon v. Simpson, 270 Ky. 646 , 110 S.W.2d 440, 1937 Ky. LEXIS 135 ( Ky. 1937 ); Caddell v. Board of Educ., 282 Ky. 646 , 139 S.W.2d 739, 1940 Ky. LEXIS 231 (1940); Gill v. Board of Education, 288 Ky. 790 , 156 S.W.2d 844, 1941 Ky. LEXIS 142 ( Ky. 1941 ); Cole v. McCracken County, 297 Ky. 797 , 181 S.W.2d 461, 1944 Ky. LEXIS 835 ( Ky. 1944 ); Louisville v. Kesselring, 257 S.W.2d 599, 1953 Ky. LEXIS 801 ( Ky. 1953 ).

Research References and Practice Aids

Cross-References.

School building funds may be established with special taxes, KRS 160.476 , 160.477 .

162.090. Issuance and sale of bonds — Proceeds — Tax to pay.

  1. If two-thirds (2/3) of those voting on the question vote in favor of the proposition, the bonds shall be issued. The bonds shall be designated “school improvement bonds.” They shall be placed under the control of the board of education, and the board shall determine when, at what price and how the bonds shall be sold, the date, number of bonds, denomination, whether coupon or registered, the rate of interest, the frequency and place of payment of principal and interest, and other details as desired, embodied in the bonds or in the request providing for their issue. The board shall at once adopt a resolution in conformity therewith. The bonds shall be signed by the chairman and secretary of the board of education. As the bonds are sold, their proceeds shall be placed to the credit of the board of education in a depository designated by the board of education, and shall be kept in a separate account. The depository shall be required to execute proper bond covering the funds.
  2. The board of education of the district shall, in addition to the levy made for the maintenance of schools, levy annually a tax sufficient to raise a sum for the payment of the interest and to create a sinking fund for the payment of the bonds at maturity. The bonds shall be a charge upon the school district.

History. 4399-47; amend. Acts 1976, ch. 127, § 21; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 554, effective July 13, 1990.

Compiler’s Notes.

This section (4399-47; amend. Acts 1976, ch. 127, § 21) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 554, effective July 13, 1990.

NOTES TO DECISIONS

  1. Sale and Issuance.
  2. — Ordinance.
  3. — Time.
  4. Obligations.
  5. — School District.
  6. — Board of Education.
  7. — City.
  8. Competitive Bidding.
  9. Tax Levy.
  10. Misapplication of Sinking Fund.
1. Sale and Issuance.

All of the authority vested in the board as to the sale and handling of the bonds and their payment is predicated upon the manner in which they are voted, which must be in accordance with the ordinance of the fiscal court providing for the bond election. Howard v. Board of Education, 311 Ky. 130 , 223 S.W.2d 721, 1949 Ky. LEXIS 1076 ( Ky. 1949 ).

2. — Ordinance.

Absence of details in ordinance is not fatal in absence of showing that they were also omitted from bonds. Mollette v. Board of Education, 260 Ky. 737 , 86 S.W.2d 990, 1935 Ky. LEXIS 562 ( Ky. 1935 ).

3. — Time.

It is unnecessary that all bonds voted be issued and sold at the same time. Hager v. Board of Education, 254 Ky. 791 , 72 S.W.2d 475, 1934 Ky. LEXIS 160 ( Ky. 1934 ). See Runyon v. Simpson, 270 Ky. 646 , 110 S.W.2d 440, 1937 Ky. LEXIS 135 ( Ky. 1937 ).

Lapse of more than four years from date of election authorizing a bond issue does not preclude issuance of part or all of said issue. Hager v. Board of Education, 254 Ky. 791 , 72 S.W.2d 475, 1934 Ky. LEXIS 160 ( Ky. 1934 ). See Runyon v. Simpson, 270 Ky. 646 , 110 S.W.2d 440, 1937 Ky. LEXIS 135 ( Ky. 1937 ).

4. Obligations.
5. — School District.

The provisions of this section, making school bonds the obligation of the city in cases where the city school district embraces the city, cannot constitutionally be applied where the city boundaries extend beyond those of the school district, therefore the bonds constitute obligations of the school district, for which only property within the district may be taxed and for which only voters in the district may vote on the question of issuance of bonds. Board of Education v. Louisville, 258 S.W.2d 707, 1953 Ky. LEXIS 877 ( Ky. 1953 ).

6. — Board of Education.

This section expressly makes the bonds a charge or obligation of the board of education except where the school district embraces a city of the first or second class. Louisville v. Board of Education, 302 Ky. 647 , 195 S.W.2d 291, 1946 Ky. LEXIS 725 ( Ky. 1946 ).

7. — City.

In independent districts embracing a city of the second class the bonds are bonds of the city. Hager v. Board of Education, 254 Ky. 791 , 72 S.W.2d 475, 1934 Ky. LEXIS 160 ( Ky. 1934 ). See Hager v. Cisco, 256 Ky. 708 , 76 S.W.2d 614, 1934 Ky. LEXIS 446 ( Ky. 1934 ).

8. Competitive Bidding.

Bonds can be sold only upon competitive bidding after public and reasonable advertisement or a proposal to receive bids or offers for bonds proposed to be issued and sold; however, this decision is not retroactive, and applies only to future transactions. Eagle v. Corbin, 275 Ky. 808 , 122 S.W.2d 798, 1938 Ky. LEXIS 507 ( Ky. 1938 ).

Where contract of board of education to issue bonds to purchaser was made before the effective date of Eagle v. City of Corbin, 275 Ky. 808 , 122 S.W.2d 798, 1938 Ky. LEXIS 507 (1938), such contract was not invalidated by failure to advertise bonds for competitive bidding, since the decision in Eagle v. Corbin does not have retroactive effect. Ebert v. Board of Education, 277 Ky. 633 , 126 S.W.2d 1111, 1939 Ky. LEXIS 706 ( Ky. 1939 ).

The decision in Eagle v. City of Corbin, 275 Ky. 808 , 122 S.W.2d 798, 1938 Ky. LEXIS 507 (1938), does not prohibit the sale of bonds upon competitive bids upon interest rates, as long as the ordinance states the maximum rate of interest. Funk v. Strathmoor Village, 278 Ky. 627 , 129 S.W.2d 151, 1939 Ky. LEXIS 477 ( Ky. 1939 ).

9. Tax Levy.

An attempt by school board to levy tax for retirement of bonds will be deemed a request to the tax levying authority to levy such a tax. Mollette v. Board of Education, 260 Ky. 737 , 86 S.W.2d 990, 1935 Ky. LEXIS 562 ( Ky. 1935 ).

10. Misapplication of Sinking Fund.

The fact that board had been enjoined, in suit by taxpayers, from further collection of original tax for bonds, was no defense where board had misapplied from sinking fund more than enough to pay the bonds. Board of Education v. Highland Cemetery, 292 Ky. 374 , 166 S.W.2d 854, 1942 Ky. LEXIS 99 ( Ky. 1942 ) (decided under prior law).

Where school subdistrict used, for general school purposes, the proceeds of a tax levied to pay bonds, which proceeds would have been sufficient to pay bonds in full, bondholders were entitled to judgment requiring school board to pay bonds out of board’s general fund, and to levy a tax to pay the balance of the bonds if the amount in the general fund was not sufficient to pay the bonds in full. Board of Education v. Highland Cemetery, 292 Ky. 374 , 166 S.W.2d 854, 1942 Ky. LEXIS 99 ( Ky. 1942 ) (decided under prior law).

Cited:

Suratt v. Board of Education, 313 Ky. 343 , 231 S.W.2d 88, 1950 Ky. LEXIS 894 ( Ky. 1950 ).

Opinions of Attorney General.

Local boards of education must assume all administrative responsibility concerning bond issues for school sites and buildings; however, since school financing is done almost exclusively through school building revenue bonds pursuant to KRS 162.210 through 162.300 and KRS 58.010 through 58.120 inclusive, there is no authority for any change in the preexisting procedure used for school revenue bonds and the fiscal courts and county treasurers must continue to perform the customary functions heretofore served by them in that regard. OAG 76-711 , modified by OAG 77-139 .

Research References and Practice Aids

Cross-References.

Liability for indebtedness on transfer or annexation of school property, KRS 160.065 .

162.100. Limitation on amount of bond issue — Effect of bonds issued under former laws.

  1. The bond issue of any district shall not exceed the limits provided in the Constitution, such limitation to be estimated upon the assessment next before the last assessment previous to the incurring of the indebtedness.
  2. All of the bonds voted by the various types of school districts and subdistricts prior to June 14, 1934, shall be retired and the interest paid thereon in accordance with the laws under which they were voted, and nothing in KRS 162.080 to 162.100 shall in any way impair any of such bond obligations or the interest thereon.

History. 4399-47; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 555, effective July 13, 1990.

Compiler’s Notes.

This section (4399-47) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 555, effective July 13, 1990.

NOTES TO DECISIONS

  1. Application.
  2. Districts for Debt Limit.
  3. Exceeding Debt Limit.
  4. Basis of Indebtedness.
  5. Refunding Bonds.
  6. Time of Sale.
1. Application.

Subsection (2) applies to all bonds theretofore voted, even though not issued until after its passage. Hager v. Cisco, 256 Ky. 708 , 76 S.W.2d 614, 1934 Ky. LEXIS 446 ( Ky. 1934 ).

2. Districts for Debt Limit.

Although boundaries of city and school district are coterminous, each constitutes a separate taxing district as far as constitutional debt limits are concerned. Jackson v. First Nat'l Bank, 289 Ky. 1 , 157 S.W.2d 321, 1941 Ky. LEXIS 10 ( Ky. 1 941 ).

3. Exceeding Debt Limit.

If a bond issue exceeded the constitutional limits only the excess was void. Boll v. Ludlow, 234 Ky. 812 , 29 S.W.2d 547, 1930 Ky. LEXIS 274 ( Ky. 1930 ) (decided under prior law).

When a portion of the bond issue voted was in excess of the constitutional limitation, the excess is void, and the district cannot postpone issuance of the excess bonds until part of the issue has been retired. Nelson v. Williamsburg Independent Graded School Dist., 265 Ky. 792 , 97 S.W.2d 814, 1936 Ky. LEXIS 579 ( Ky. 1936 ).

4. Basis of Indebtedness.

Estimates of future assessments are not competent evidence to determine limitation on indebtedness. Nelson v. Williamsburg Independent Graded School Dist., 265 Ky. 792 , 97 S.W.2d 814, 1936 Ky. LEXIS 579 ( Ky. 1936 ).

5. Refunding Bonds.

Where three independent school districts merged with county school district prior to enactment of KRS 160.040 county board of education could issue refunding bonds to pay off indebtedness of merged districts and county was not required to levy a tax on properties in the districts to pay off the indebtedness. Webster County Board of Education v. Hocket, 267 Ky. 498 , 102 S.W.2d 1018, 1937 Ky. LEXIS 352 ( Ky. 1937 ).

6. Time of Sale.

The time of the sale of the bonds and not the time of election determined whether Ky. Const., § 158 was violated. Boll v. Ludlow, 234 Ky. 812 , 29 S.W.2d 547, 1930 Ky. LEXIS 274 ( Ky. 1930 ) (decided under prior law).

Cited:

Morgan v. Fayette County Board of Education, 294 Ky. 597 , 172 S.W.2d 64, 1943 Ky. LEXIS 480 ( Ky. 1943 ); Board of Education v. Louisville, 258 S.W.2d 707, 1953 Ky. LEXIS 877 ( Ky. 1953 ).

Research References and Practice Aids

Cross-References.

Constitutional limits on indebtedness, Ky. Const., §§ 157, 158.

Kentucky Law Journal.

Morrow, County Debt Difficulties in Kentucky, 31 Ky. L.J. 122 (1942).

162.110. Bonds of subdistricts. [Repealed.]

Compiler’s Notes.

This section (4399-13) was repealed by Acts 1966, ch. 255, § 283.

162.120. Independent district in city may convey property to city to provide buildings.

To provide buildings for school purposes, boards of education of school districts embracing a city of any class may convey to the city a fee simple title with covenant of general warranty to a site now held or hereafter acquired by the boards of education.

History. 4421-1; amend. Acts 1990, ch. 476, § 253, effective July 13, 1990.

NOTES TO DECISIONS

  1. Conveyance and Lease Back.
  2. Selection of Site.
  3. School Building.
  4. Merger with County after Conveyance to City.
  5. Acquisition of Property and Buildings.
  6. Liability for Tax.
  7. Revenue Bonds.
  8. Contract for Construction.
  9. — Unenforceable.
1. Conveyance and Lease Back.

Bonds issued by a city as a conduit of independent school district pursuant to KRS 162.120 to 162.300 to pay costs of school auditorium-gymnasium to be erected on site conveyed by county board of education to the independent school district which was to convey it to the city which was to lease it back to school district until retirement of the bonds would not constitute direct obligations of the city or of the independent school district but would be secured by a first lien upon the auditorium-gymnasium and the right of the bondholders to enforce the lien would in no way be affected by a merger of independent school district and county school district. Ranier v. Board of Education, 273 S.W.2d 577, 1954 Ky. LEXIS 1190 ( Ky. 1954 ).

The school board had the right to convey a school site to the city and then lease back the site and improvements thereon. Bowling Green v. Board of Education, 443 S.W.2d 243, 1969 Ky. LEXIS 244 ( Ky. 1969 ).

The school board is authorized to convey a building site to the city and lease it back with improvements financed by city’s bonds. Bowling Green v. Board of Education, 443 S.W.2d 243, 1969 Ky. LEXIS 244 ( Ky. 1969 ).

The authority of the school board to convey property to the city and then lease back the property with improvements was not conditioned upon financing under any particular statutory authority. Bowling Green v. Board of Education, 443 S.W.2d 243, 1969 Ky. LEXIS 244 ( Ky. 1969 ).

2. Selection of Site.

The selection of the site is to be made by the board of education. Franklin County v. Franklin County Board of Education, 267 Ky. 554 , 102 S.W.2d 1024, 1937 Ky. LEXIS 355 ( Ky. 1937 ).

3. School Building.

An auditorium-gymnasium is a school building within the meaning of KRS 162.120 to 162.300 . Ranier v. Board of Education, 273 S.W.2d 577, 1954 Ky. LEXIS 1190 ( Ky. 1954 ).

4. Merger with County after Conveyance to City.

The fact that after conveyance to the city, the independent district was merged with the county district does not affect the right of the city to consummate the original plan. Piggott v. Kasey, 271 Ky. 651 , 113 S.W.2d 5, 1938 Ky. LEXIS 33 ( Ky. 1938 ).

5. Acquisition of Property and Buildings.

A county or city may acquire property on which school buildings have already been erected and finance the cost of acquisition under the provisions of KRS 162.120 to 162.300 . Morgan v. Fayette County Board of Education, 294 Ky. 597 , 172 S.W.2d 64, 1943 Ky. LEXIS 480 ( Ky. 1943 ).

6. Liability for Tax.

Regardless of time or amount, the voting of a tax to pay revenue bonds issued for school construction does not impose a tax in futuro but merely grants authority to the taxing power to increase the amount of annual tax that the law otherwise authorized to be levied and property transferred by county school board to city school district is not liable for county school building tax voted prior to the transfer. Board of Education v. Board of Education, 250 S.W.2d 1017, 1952 Ky. LEXIS 897 ( Ky. 1952 ).

7. Revenue Bonds.

Revenue bonds issued under KRS 162.120 to 162.300 did not constitute an indebtedness of county school district so city school district to which territory was transferred from county school district after voters of county district authorized a special school building tax to pay rentals for the school buildings to be erected and financed by the bonds was not liable for any part of the revenue bonds under proportional assumption statute KRS 160.065 . Board of Education v. Board of Education, 250 S.W.2d 1017, 1952 Ky. LEXIS 897 ( Ky. 1952 ).

City is required to cooperate with independent school district in the issuance and sale of bonds but it is merely a conduit through which the board of education acts to have the bonds issued and sold and has no discretion in the matter. Ranier v. Board of Education, 273 S.W.2d 577, 1954 Ky. LEXIS 1190 ( Ky. 1954 ).

8. Contract for Construction.

A board of education lacks the power or capacity to enter a contract for school construction where the revenue bond method provided in KRS 162.120 to 162.290 is utilized. Hacker Bros. Constr. Co. v. Board of Education, 590 S.W.2d 897, 1979 Ky. App. LEXIS 493 (Ky. Ct. App. 1979).

9. — Unenforceable.

Where a construction company was attempting to maintain an action on the basis that it had a valid contract with the school board, the contract was unenforceable because the approval of the voters of the county was not obtained, as required by § 157 of the Kentucky Constitution; on the other hand, if the construction company was attempting to maintain the action on the basis that the revenue bond methods provided for in KRS 162.120 to 162.290 were followed, the contract was unenforceable because the only government agency possessing the power and authority to execute such a contract failed to do so. Hacker Bros. Constr. Co. v. Board of Education, 590 S.W.2d 897, 1979 Ky. App. LEXIS 493 (Ky. Ct. App. 1979).

Cited:

Cole v. McCracken County, 297 Ky. 797 , 181 S.W.2d 461, 1944 Ky. LEXIS 835 ( Ky. 1944 ); Fyfe v. Hardin County Board of Education, 305 Ky. 589 , 205 S.W.2d 165, 1947 Ky. LEXIS 880 ( Ky. 1947 ); Bell v. Board of Education, 308 Ky. 848 , 215 S.W.2d 1007, 1948 Ky. LEXIS 1065 ( Ky. 1948 ); Fendley v. Board of Education, 240 S.W.2d 837, 1951 Ky. LEXIS 1023 ( Ky. 1951 ); Wagner v. Fiscal Court of Jessamine County, 306 S.W.2d 288, 1957 Ky. LEXIS 39 ( Ky. 1957 ); Stuff v. Webster County Board of Education, 339 S.W.2d 189, 1960 Ky. LEXIS 443 ( Ky. 1960 ); Fosson v. Fiscal Court of Boyd County, 369 S.W.2d 108, 1963 Ky. LEXIS 58 ( Ky. 1963 ).

Opinions of Attorney General.

Where the fee simple title to school property was owned by the county and the city wanted to blacktop certain roads on the property, the county was liable for its apportionate cost of the improvement as a benefited property owner. OAG 60-377 .

A fund resulting from the sale of school property could be used for the purchase of sites for school buildings, for the erection and complete equipping of school buildings, and for the major alteration, enlargement and complete equipping of buildings, in accordance with the provisions of KRS 160.476 , even though refunding revenue bonds were outstanding on other school property. OAG 66-224 .

Other school property, title to which has been retained by the school district, does not represent part of the security for refunding revenue bonds issued to provide for a specific building. OAG 66-224 .

Although, under this section through KRS 162.300 , a certificate from the trustee stating certain bonds and coupons were redeemed and canceled is sufficient evidence that the bonds and coupons have been paid and properly canceled, the school board treasurer should normally visually inspect the bonds and coupons before incineration. OAG 72-487 .

Under the provisions of this section through KRS 162.300 a school board may not relieve itself of liability for the bonds and coupons by a transfer of the “rental” money to a trustee since the board is contractually responsible for taking steps to insure that the debt service and liquidation of coupons and bonds for the benefit of bondholders is effectively secured. OAG 72-487 .

Under the provisions of this section through KRS 162.300 the school board should require the trustee to make an accounting each year of money received and bonds and coupons paid. OAG 72-487 .

Under this section through KRS 162.300 any excess money left after liability for the bonds has ceased would revert to the school board treasury. OAG 72-487 .

Under this section through KRS 162.300 if a paying agent or trustee pays a wrong bond or coupon the improper payment is the liability of the trustee and not the school as the board does not insure the trustee’s acts in this regard; therefore, the trustee is liable to the board but the board is liable to the holder. OAG 72-487 .

Under this section through KRS 162.300 when bonds or coupons are not presented at maturity liability for these items would continue subject to the applicable statute of limitations. OAG 72-487 .

Since financing of school bonds is done almost exclusively through the authority of KRS 162.120 through 162.300 and KRS 58.010 through 58.120 , there is no authority for any change in the preexisting administration procedure used for school building revenue bonds and fiscal courts and county treasurers must continue to perform the customary functions heretofore served by them in that regard. OAG 77-139 , modifying OAG 76-711 .

The Kentucky School Facilities Construction Commission Act, KRS 157.611 to 157.640 , does not give the Commission unilateral power to choose whether that Act or KRS 162.120 to 162.300 will be used to finance school building construction. OAG 86-50 .

Research References and Practice Aids

Cross-References.

City of first class may set apart land for municipal university, KRS 165.060 .

Kentucky Law Journal.

Meuth, The Development of Financing Public Improvements by Kentucky Municipalities, 25 Ky. L.J. 230 (1937).

162.130. City to contract for erection of building.

Every city to which a site for a building has been conveyed, as provided in KRS 162.120 , shall enter into a contract or contracts with some person for the erection on the site of a building with the necessary appurtenances, according to plans and specifications adopted by the city and approved by the board of education and the chief state school officer.

History. 4421-2; amend. Acts 1990, ch. 476, § 254, effective July 13, 1990.

NOTES TO DECISIONS

  1. Financing Improvements.
  2. Contract for Construction.
1. Financing Improvements.

The authority of the school board to convey property to the city and then lease back the property with improvements was not conditioned upon financing under any particular statutory authority. Bowling Green v. Board of Education, 443 S.W.2d 243, 1969 Ky. LEXIS 244 ( Ky. 1969 ).

2. Contract for Construction.

A board of education lacks the power or capacity to enter a contract for school construction where the revenue bond method provided in KRS 162.120 to 162.290 is utilized. Hacker Bros. Constr. Co. v. Board of Education, 590 S.W.2d 897, 1979 Ky. App. LEXIS 493 (Ky. Ct. App. 1979).

Cited:

Fyfe v. Hardin County Board of Education, 305 Ky. 589 , 205 S.W.2d 165, 1947 Ky. LEXIS 880 ( Ky. 1947 ).

162.140. Lease of building by board of education.

Immediately upon the approval of the plans and specifications as provided in KRS 162.130 , the board of education shall offer to lease the building for a term of one (1) year from the time the building is completed and ready for occupancy. The lease by its terms shall give the lessee the right and option to extend the term of the lease from year to year, for periods of one (1) year, until the original term of the lease has been extended for a total number of years, acceptable to the city, not exceeding thirty (30) years, at a rental which, if paid for the original term and for each of the full number of years for which the term is extended, will amortize the total cost of the erection of the building and appurtenances, provide an adequate maintenance fund and, in addition thereto, a sum sufficient to pay the cost of insuring the building against loss or damage by fire and windstorm or other calamity in such sum as may be agreed by the parties thereto.

History. 4421-3; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 556, effective July 13, 1990.

Compiler’s Notes.

This section (4421-3) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 556, effective July 13, 1990.

NOTES TO DECISIONS

  1. Authority to Lease.
  2. Abuse of Board’s Discretion.
  3. Lease for Thirty Years Invalid.
1. Authority to Lease.

The authority of the school board to convey property to the city and then lease back the property with improvements was not conditioned upon financing under any particular statutory authority. Bowling Green v. Board of Education, 443 S.W.2d 243, 1969 Ky. LEXIS 244 ( Ky. 1969 ).

The school board had the right to convey a school site to the city and then lease back the site and improvements thereon. Bowling Green v. Board of Education, 443 S.W.2d 243, 1969 Ky. LEXIS 244 ( Ky. 1969 ).

The school board is authorized to convey a building site to the city and lease it back with improvements financed by city’s bonds. Bowling Green v. Board of Education, 443 S.W.2d 243, 1969 Ky. LEXIS 244 ( Ky. 1969 ).

2. Abuse of Board’s Discretion.

Where county had existing bonded debt of $225,000 and the county board of education a debt of nearly $100,000 and estimates of future revenue indicated there would be available $2,000 to $5,600 more than necessary for servicing existing debts and meeting obligations incurred in building proposed new school, approval of plan by which county board of education and fiscal court proposed to erect a new high school and issue $250,000 in bonds payable from rents received annually from school board over 20-year period was not an abuse of discretion. Carter v. Taylor, 313 Ky. 445 , 231 S.W.2d 601, 1950 Ky. LEXIS 896 ( Ky. 1950 ).

3. Lease for Thirty Years Invalid.

A lease for one year with annual renewal option is valid, when rental involved does not result in violation of Const., § 157. However a 30-year lease is invalid since it does result in a violation of said constitutional section. Davis v. Board of Education, 260 Ky. 294 , 83 S.W.2d 34, 1935 Ky. LEXIS 396 ( Ky. 1935 ).

Cited:

Fyfe v. Hardin County Board of Education, 305 Ky. 589 , 205 S.W.2d 165, 1947 Ky. LEXIS 880 ( Ky. 1947 ); Fosson v. Fiscal Court of Boyd County, 369 S.W.2d 108, 1963 Ky. LEXIS 58 ( Ky. 1963 ).

Opinions of Attorney General.

The school board has broad discretion under KRS 160.160 and 160.290 in the selection of school sites and the establishment of schools so that even if the county is the legal owner of the property and is leasing it to the the school board under this section, as the school district holds equitable title, the fiscal court has no rights relative to a high school building which the board of education plans to tear down and replace with a new building, unless the county could negotiate to purchase the property from the school board. OAG 74-221 .

A school board should not tie up school property for a period exceeding a year but should, instead, provide for an extension of the term of the lease from year to year, for periods of one year, for a specified number of total years. OAG 77-771 .

162.150. City may erect school buildings.

Any city may establish and erect school buildings and necessary appurtenances within the corporate limits under the provisions of KRS 162.160 to 162.280 , for the purpose of supplying the board of education of the independent district embracing the city with adequate buildings necessary to carry out its duties and powers.

History. 4421-5; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 557, effective July 13, 1990.

Compiler’s Notes.

This section (4421-5) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 557, effective July 13, 1990.

NOTES TO DECISIONS

  1. Acquisition of Property and Buildings.
  2. Contract for Construction.
1. Acquisition of Property and Buildings.

A county or city may acquire property on which school buildings have already been erected and finance the cost of acquisition under the provisions of KRS 162.120 to 162.300 and several buildings or properties may be included in one mortgage and bond issue. Morgan v. Fayette County Board of Education, 294 Ky. 597 , 172 S.W.2d 64, 1943 Ky. LEXIS 480 ( Ky. 1943 ).

2. Contract for Construction.

A board of education lacks the power or capacity to enter a contract for school construction where the revenue bond method provided in KRS 162.120 to 162.290 is utilized. Hacker Bros. Constr. Co. v. Board of Education, 590 S.W.2d 897, 1979 Ky. App. LEXIS 493 (Ky. Ct. App. 1979).

Cited:

Bowling Green v. Board of Education, 443 S.W.2d 243, 1969 Ky. LEXIS 244 ( Ky. 1969 ).

Opinions of Attorney General.

Other school property, title to which has been retained by the school district, does not represent part of the security for refunding revenue bonds issued to provide for a specific building. OAG 66-224 .

A fund resulting from the sale of school property could be used for the purchase of sites for school buildings, for the erection and complete equipping of school buildings, and for the major alteration, enlargement and complete equipping of buildings, in accordance with the provisions of KRS 160.476 , even though refunding revenue bonds were outstanding on other school property. OAG 66-224 .

A city may establish and erect school buildings within its corporate limits for the purpose of supplying the board of education of an independent school district embracing the city with adequate buildings necessary to carry out its powers and duties. OAG 72-796 .

Research References and Practice Aids

Cross-References.

City of first class may set apart land for municipal university, KRS 165.060 .

Kentucky Law Journal.

Meuth, The Development of Financing Public Improvements by Kentucky Municipalities, 25 Ky. L.J. 230 (1937).

162.160. Plans and specifications for buildings — Boards of education must offer to lease buildings before construction contract is made.

  1. When any city desires to construct a school building, under the provisions of KRS 162.150 , the governing body of the city shall, by ordinance, cause plans and specifications for the building to be duly made and filed in the office of the city clerk. The plans and specifications shall give a full description of the building to be constructed, the details thereof and the manner of construction. The plans and specifications shall be prepared by an architect selected by the city and approved by the board of education of the school district, and shall be submitted to the board of education of the school district and to the chief state school officer for approval.
  2. If the plans and specifications are approved, and if the board of education of the school district offers to lease the building under a lease of the kind provided in KRS 162.140 , the city governing body shall cause the city clerk to advertise for bids, and thereafter the city governing body, through the mayor, may contract for the construction of the building.

History. 4421-12; amend. Acts 1986, ch. 23, § 11, effective July 15, 1986; 1990, ch. 476, Pt. IV, § 255, effective July 13, 1990.

NOTES TO DECISIONS

1. Contract for Construction.

A board of education lacks the power or capacity to enter a contract for school construction where the revenue bond method provided in KRS 162.120 to 162.290 is utilized. Hacker Bros. Constr. Co. v. Board of Education, 590 S.W.2d 897, 1979 Ky. App. LEXIS 493 (Ky. Ct. App. 1979).

Cited:

Bell v. Board of Education, 308 Ky. 848 , 215 S.W.2d 1007, 1948 Ky. LEXIS 1065 ( Ky. 1948 ); Louisville v. Manning, 309 Ky. 789 , 219 S.W.2d 13, 1949 Ky. LEXIS 813 ( Ky. 1949 ).

Research References and Practice Aids

Cross-References.

Public works involving engineering to be under supervision of registered engineer or architect, KRS 322.360 .

162.170. Financing construction of buildings.

For the purpose of defraying the cost of constructing or acquiring any school buildings and appurtenances for common school purposes under the provisions of KRS 162.150 , any city may borrow money and issue negotiable revenue bonds. No bonds for common school purposes shall be issued until the conditions of KRS 162.160 have been complied with, and until authorized by an ordinance specifying the proposed undertaking, the amount of bonds to be issued, and the maximum rate of interest the bonds are to bear. The ordinance shall further provide that the buildings and appurtenant facilities are to be constructed or acquired under the provisions of KRS 162.150 to 162.280 .

History. 4421-6, 4421-12; amend. Acts 1970, ch. 137, § 1; 1978, ch. 155, § 82, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 558, effective July 13, 1990; 1996, ch. 274, § 34, effective July 15, 1996.

Compiler’s Notes.

This section (4421-6, 4421-12; amend. Acts 1970, ch. 137, § 1; 1978, ch. 155, § 82, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 558, effective July 13, 1990.

NOTES TO DECISIONS

  1. Sale of Bonds.
  2. Sources of Loans.
1. Sale of Bonds.

Bonds issued hereunder may be sold directly to private individual by the city. J. D. Van Hooser & Co. v. University of Kentucky, 262 Ky. 581 , 90 S.W.2d 1029, 1936 Ky. LEXIS 76 ( Ky. 1936 ). See Piggott v. Kasey, 271 Ky. 651 , 113 S.W.2d 5, 1938 Ky. LEXIS 33 ( Ky. 1938 ). But see Eagle v. Corbin, 275 Ky. 808 , 122 S.W.2d 798, 1938 Ky. LEXIS 507 ( Ky. 1938 ).

2. Sources of Loans.

Counties and cities, in financing construction of school buildings, may borrow money from sources other than the federal government. Morgan v. Fayette County Board of Education, 294 Ky. 597 , 172 S.W.2d 64, 1943 Ky. LEXIS 480 ( Ky. 1943 ).

Opinions of Attorney General.

The Kentucky statutes do not authorize the expending of bonds proceeds to renovate school buildings presently existing and already acquired. OAG 71-107 .

The statutory sections relating to acquisition of existing buildings in this chapter and KRS Chapter 58 are broad enough to include, by reasonable implication, whatever may be properly spent for the functional adaptation of purchased buildings to school purposes. OAG 71-107 .

Research References and Practice Aids

Cross-References.

Governmental agency may issue revenue bonds for any public project, KRS 58.010 to 58.120 .

Kentucky Law Journal.

Martin, Administrative Action for Efficient Debt Management: The Kentucky Case, 49 Ky. L.J. 505 (1961).

162.180. Bonds — Interest on — When payable — How sold.

All bonds issued under the provisions of KRS 162.170 for common school purposes may bear interest at a rate or rates or method of determining rates, payable at least annually, and shall be executed in a manner and be payable at times, not exceeding thirty (30) years from the date of issue, and at a place as the governing body of the city determines. The bonds shall be sold in a manner and upon terms as the governing body of the city deems for the best interest of the city.

History. 4421-7, 4421-8; amend. Acts 1970, ch. 137, § 2; 1978, ch. 155, § 82, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 559, effective July 13, 1990; 1996, ch. 274, § 35, effective July 15, 1996.

Compiler’s Notes.

This section (4421-7, 4421-8; amend. Acts 1970, ch. 137, § 2; 1978, ch. 155, § 82, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 559, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Morgan v. Fayette County Board of Education, 294 Ky. 597 , 172 S.W.2d 64, 1943 Ky. LEXIS 480 ( Ky. 1943 ); Bowling Green v. Board of Education, 443 S.W.2d 243, 1969 Ky. LEXIS 244 ( Ky. 1969 ).

Research References and Practice Aids

Kentucky Law Journal.

Martin, Administrative Action for Efficient Debt Management: The Kentucky Case, 49 Ky. L.J. 505 (1961).

162.185. Applicability of KRS 162.170 and 162.180.

Nothing contained in KRS 162.170 or 162.180 is intended to or shall be construed to make interest rates applicable to revenue bonds issued by the governing bodies of state institutions of higher learning under KRS 162.340 to 162.380 , inclusive, subject to regulation, establishment, limitation, or approval by the Kentucky Board of Education.

History. Enact. Acts 1970, ch. 137, § 3; 1978, ch. 155, § 82, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 560, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 137, § 3; 1978, ch. 155, § 82, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 560, effective July 13, 1990.

162.190. Bonds negotiable — Tax-exempt — Signatures — Not city debt.

All bonds issued under the provisions of KRS 162.170 shall have all of the qualities of negotiable instruments, and shall not be subject to taxation. If any of the officers whose signatures appear on the bonds or coupons cease to be such officers before delivery of the bonds, the signatures shall nevertheless be valid for all purposes the same as if the officers had remained in office until delivery. The bonds shall be payable solely from the revenue derived from the school building as provided in KRS 162.230 , and shall not constitute an indebtedness of the city within the meaning of the constitutional provisions or limitations. It shall be plainly stated on the face of each bond that it was issued under the provisions of KRS 162.150 to 162.280 and that it does not constitute an indebtedness of the city.

History. 4421-8; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 561, effective July 13, 1990.

Compiler’s Notes.

This section (4421-8) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 561, effective July 13, 1990.

NOTES TO DECISIONS

1. Constitutionality.

The tax exemption feature does not violate Const., §§ 3, 170 or 171. J. D. Van Hooser & Co. v. University of Kentucky, 262 Ky. 581 , 90 S.W.2d 1029, 1936 Ky. LEXIS 76 ( Ky. 1936 ).

Cited:

Pulaski County v. Ben Hur Life Ass’n, 286 Ky. 119 , 149 S.W.2d 738, 1941 Ky. LEXIS 210 ( Ky. 1941 ); Fyfe v. Hardin County Board of Education, 305 Ky. 589 , 205 S.W.2d 165, 1947 Ky. LEXIS 880 ( Ky. 1947 ); Board of Education v. Board of Education, 250 S.W.2d 1017, 1952 Ky. LEXIS 897 ( Ky. 1952 ).

162.200. Use of funds — Lien on building.

All money received from any bonds issued pursuant to KRS 162.170 shall be used solely for the establishment or erection of the school building and necessary appurtenances, except that the money may be used also to advance the payment of the interest on bonds during the first three (3) years following the date of the bonds. There shall be a statutory mortgage lien upon the school building and appurtenances in favor of the holders of the bonds and coupons.

History. 4421-9; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 562, effective July 13, 1990.

Compiler’s Notes.

This section (4421-9) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 562, effective July 13, 1990.

NOTES TO DECISIONS

1. Lien on Reversionary Interest.

The lien created by this section is only as good as the title to the property offered as security and subject to the terms of that title and where deed to school board provided it was not to be sold to anyone for residence purposes but was to remain a part of the colored school property so long as the school remained where then located and the colored school was abandoned and the property offered for sale by the board, the board’s title terminated and the ownership of the property reverted to the grantor since the deed was a fee simple with special limitation or a determinable fee and the possibility of reverter remained in grantor. Fleming County Board of Education v. Hall, 380 S.W.2d 273, 1964 Ky. LEXIS 311 ( Ky. 1964 ).

Opinions of Attorney General.

A fund resulting from the sale of school property could be used for the purchase of sites for school buildings, for the erection and complete equipping of school buildings, and for the major alteration, enlargement and complete equipping of buildings, in accordance with the provisions of KRS 160.476 , even though refunding revenue bonds were outstanding on other school property. OAG 66-224 .

Other school property, title to which has been retained by the school district, does not represent part of the security for refunding revenue bonds issued to provide for a specific building. OAG 66-224 .

Research References and Practice Aids

Kentucky Law Journal.

Martin, Administrative Action for Efficient Debt Management: The Kentucky Case, 49 Ky. L.J. 505 (1961).

162.210. Rights of bondholders to enforce lien.

The school building and appurtenances shall remain subject to the statutory lien provided by KRS 162.200 until the payment in full of the principal and interest of the bonds. Any holder of the bonds or of any of the coupons may, either at law or in equity, protect and enforce the lien, and may by action enforce and compel performance of all duties required by KRS 162.150 to 162.280 , including the making and collecting of sufficient rents, the segregation of the income and revenue, and the application thereof.

History. 4421-10; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 563, effective July 13, 1990.

Compiler’s Notes.

This section (4421-10) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 563, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Burkhart v. Blanton, 635 S.W.2d 328, 1982 Ky. App. LEXIS 222 (Ky. Ct. App. 1982).

Opinions of Attorney General.

A fund resulting from the sale of school property could be used for the purchase of sites for school buildings, for the erection and complete equipping of school buildings, and for the major alteration, enlargement and complete equipping of buildings, in accordance with the provisions of KRS 160.476 , even though refunding revenue bonds were outstanding on other school property. OAG 66-224 .

Other school property, title to which has been retained by the school district, does not represent part of the security for refunding revenue bonds issued to provide for a specific building. OAG 66-224 .

162.220. Receiver in case of default.

If there is any default in the payment of the principal or interest on any of the bonds, any court having jurisdiction of the action may appoint a receiver to administer the school building on behalf of the city, with power to charge and collect rentals sufficient to provide for the payment of any bonds or obligations outstanding against the school building and for the payment of the operating expenses, and to apply the income and revenues in conformity with KRS 162.150 to 162.280 , and the ordinance referred to in KRS 162.170 and 162.230 .

History. 4421-11; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 564, effective July 13, 1990.

Compiler’s Notes.

This section (4421-11) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 564, effective July 13, 1990.

162.230. Rent — Disposition to be fixed by ordinance.

At or before the issuance of the bonds, the governing body of the city shall, by ordinance, set aside and pledge the income of the building into a special fund to be used and applied in payment of the cost and maintenance of the building. The ordinance shall definitely fix the amount of revenue necessary to be set aside and applied for the payment of the principal and interest of the bonds. The balance of the income shall be set aside for the reasonable and proper maintenance of the building, including a sufficient sum to pay the cost of insurance. The city governing body may provide by ordinance any provision and stipulation it deems necessary for the administration of the income for the security of the bondholders.

History. 4421-13, 4421-17; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 565, effective July 13, 1990.

Compiler’s Notes.

This section (4421-13, 4421-17) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 565, effective July 13, 1990.

162.240. Deposit and investment of sinking fund.

The sinking fund shall be deposited in a depository selected by the governing body of the city. The deposit, where practicable, shall be continuously secured by a pledge to the city of direct obligations of the United States, exclusive of accrued interest, at all times at least equal to the balance on deposit in the account, or in some other manner acceptable to the purchasers or holders of the bonds. The securities shall be deposited with the city or held by a trustee or agent satisfactory to the governing body of the city. The sinking fund may be invested in direct obligations of the United States.

History. 4421-17; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 566, effective July 13, 1990.

Compiler’s Notes.

This section (4421-17) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 566, effective July 13, 1990.

Opinions of Attorney General.

Boards of education may place their general funds in banks designated as depositories pursuant to KRS 160.570 and obtain from such banks certificates of deposit representing time deposits of surplus funds subject to withdrawal on demand. OAG 64-70 .

The “school building revenue bond and interest redemption fund” mentioned on the face of the specimen copy of a typical school bond is really a part and parcel of the “sinking fund” mentioned in this section, and the transfer of such funds finally to the trustee of the bonds does not automatically relieve the board of education of liability, since the board is contractually responsible for taking steps to insure that the debt service and liquidation of coupons and bonds for the benefit of bondholders is effectively secured. OAG 73-188 .

Research References and Practice Aids

Cross-References.

Sinking funds may be invested in bonds secured by credit of United States, KRS 386.050 .

162.250. Maintenance fund surplus to be transferred to sinking fund.

If a surplus is accumulated in the maintenance fund equal to the cost of maintaining the building during the remainder of the calendar or fiscal year, as may be provided by the ordinance required by KRS 162.230 , and the cost of maintaining and operating the building for the succeeding like calendar or fiscal year, the excess over such amount shall be transferred to the sinking fund.

History. 4421-14; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 567, effective July 13, 1990.

Compiler’s Notes.

This section (4421-14) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 567, effective July 13, 1990.

162.260. Refunding bonds may be issued.

The city may issue refunding bonds to provide funds for the payment of any outstanding bonds, in accordance with the procedure prescribed for the issuance of the original bonds. The refunding bonds shall be secured to the same extent and shall have the same source of payment as the bonds which are refunded.

History. 4421-15; amend. Acts 1990, ch. 476, § 256, effective July 13, 1990.

NOTES TO DECISIONS

1. New Obligations.

Refunding bonds always create a new obligation, but the issue, if otherwise proper, is authorized by this section. Hemlepp v. Aronberg, 369 S.W.2d 121, 1963 Ky. LEXIS 65 ( Ky. 1963 ).

Cited:

Morgan v. Fayette County Board of Education, 294 Ky. 597 , 172 S.W.2d 64, 1943 Ky. LEXIS 480 ( Ky. 1943 ).

Opinions of Attorney General.

A fund resulting from the sale of school property could be used for the purchase of sites for school buildings, for the erection and complete equipping of school buildings, and for the major alteration, enlargement and complete equipping of buildings, in accordance with the provisions of KRS 160.476 , even though refunding revenue bonds were outstanding on other school property. OAG 66-224 .

Other school property, title to which has been retained by the school district, does not represent part of the security for refunding revenue bonds issued to provide for a specific building. OAG 66-224 .

162.270. Additional bonds authorized.

If the governing body of the city finds that the bonds authorized will be insufficient to accomplish the purpose desired, additional bonds may be authorized and issued subject to the same procedure.

History. 4421-16; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 568, effective July 13, 1990.

Compiler’s Notes.

This section (4421-16) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 568, effective July 13, 1990.

162.280. When city to convey property to board.

When the board of education of the school district has paid rent, as provided in KRS 162.160 , sufficient to amortize the cost of erection of the building and appurtenances and to maintain the building and pay the cost of insurance, the city shall thereupon convey the premises to the board, and shall transfer any balance remaining in the funds provided for in KRS 162.230 to 162.250 to the account of the board of education.

History. 4421-18; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 569, effective July 13, 1990.

Compiler’s Notes.

This section (4421-18) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 569, effective July 13, 1990.

162.290. Alternative methods — Other procedure not required.

KRS 162.120 to 162.140 and KRS 162.150 to 162.280 are additional and alternate methods for the acquisition of school buildings by boards of education of independent districts embracing cities of any class, and do not include, alter, amend, or repeal any other statute. No proceeding shall be required for the acquisition of any school building or the issuance of bonds under KRS 162.150 to 162.280 except such as are prescribed by those sections.

History. 4421-4, 4421-19; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 570, effective July 13, 1990.

Compiler’s Notes.

This section (4421-4, 4421-19) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 570, effective July 13, 1990.

NOTES TO DECISIONS

1. Contract for Construction.

A board of education lacks the power or capacity to enter a contract for school construction where the revenue bond method provided in KRS 162.120 to 162.290 is utilized. Hacker Bros. Constr. Co. v. Board of Education, 590 S.W.2d 897, 1979 Ky. App. LEXIS 493 (Ky. Ct. App. 1979).

162.300. Certain boards may obtain school buildings as provided in KRS 162.120 to 162.290.

County boards of education and boards of education of independent districts not embracing a city of any class may obtain buildings for school purposes by proceeding under the provisions of KRS 162.120 to 162.290 . When applied to such boards of education, KRS 162.120 to 162.290 shall be so read that the term:

  1. “City” means “county,” including a county containing a consolidated local government, or “urban-county,” as the case may be;
  2. “City clerk” means “county clerk” or the appropriate recordkeeping officer in an urban-county government or a consolidated local government;
  3. “Governing body of the city” means “fiscal court” or the governing body of an urban-county government or a consolidated local government, as the case may be;
  4. “Mayor” means “county judge/executive,” “chief executive officer of the urban-county government,” or “mayor of a consolidated local government,” as the case may be; and
  5. “Ordinance” means either “ordinance” or “resolution.”

History. 4421-20 to 4421-38; amend. Acts 1974, ch. 367, § 1; 1986, ch. 23, § 12, effective July 15, 1986; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 571, effective July 13, 1990; 2002, ch. 346, § 176, effective July 15, 2002.

Compiler’s Notes.

This section (4421-20 to 4421-38; amend. Acts 1974, ch. 367, § 1; 1986, ch. 23, § 12, effective July 15, 1986) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 571, effective July 13, 1990.

NOTES TO DECISIONS

  1. Authority of Board.
  2. Determination of Site.
  3. Acquisition of School Buildings.
  4. Borrowing Money.
  5. Lease of School Building.
  6. Power of Fiscal Court.
  7. Bondholders’ Rights.
1. Authority of Board.

The authority vested in the school board is clearly a general and comprehensive power, given it without limitation, express or implied, effective to forbid it from making its financing plan of a group conveyance of three school properties and providing for a refund of all taxes paid by holders of its school bonds where amount was within its annual income. Scott County Board of Education v. McMillen, 270 Ky. 483 , 109 S.W.2d 1201, 1937 Ky. LEXIS 100 ( Ky. 1937 ).

County board of education is vested with the broad power and authority to control, buy and sell real estate for school sites, and to control and manage all public school property of its district and to use such school funds and property to promote public education in such ways as it deems necessary and proper in the exercise of its judgment and discretion. Scott County Board of Education v. McMillen, 270 Ky. 483 , 109 S.W.2d 1201, 1937 Ky. LEXIS 100 ( Ky. 1937 ).

A county board of education had no authority to execute a plan by which board was to convey to a nonprofit corporation 20 percent of school property in county, but not site on which school building was to be erected, and corporation was to erect building and execute lease-option contract to board by which, after payment of rental for period of years, board was to become owner of all property conveyed to corporation. Weaks v. Board of Education, 282 Ky. 241 , 137 S.W.2d 1094, 1940 Ky. LEXIS 132 ( Ky. 1940 ).

Board of education is naked trustee of school property and the real beneficiaries are the pupils for whose benefit school property is donated and the board could not appropriate the proceeds of fire policy taken out by it on colored schoolhouse which had been donated to it for exclusive benefit of the colored school district to the public school funds for the benefit of all public schools within its jurisdiction. Board of Education v. Todd County Board of Education, 289 Ky. 803 , 160 S.W.2d 170, 1942 Ky. LEXIS 645 ( Ky. 1942 ).

Where school board was renting school building constructed under holding company plan, and one of buildings was destroyed by fire, school board had no authority to issue funding bonds to enable building to be reconstructed. Stith v. Board of Education, 292 Ky. 91 , 166 S.W.2d 58, 1942 Ky. LEXIS 53 ( Ky. 1942 ).

2. Determination of Site.

Board of education and not the fiscal court has both the power and the duty to determine the site upon which school building will be erected. Franklin County v. Franklin County Board of Education, 267 Ky. 554 , 102 S.W.2d 1024, 1937 Ky. LEXIS 355 ( Ky. 1937 ).

3. Acquisition of School Buildings.

A county or city may acquire property on which school buildings have already been erected and finance the cost of acquisition under the provisions of KRS 162.120 to 162.300 . Morgan v. Fayette County Board of Education, 294 Ky. 597 , 172 S.W.2d 64, 1943 Ky. LEXIS 480 ( Ky. 1943 ).

County had authority to acquire school buildings from private holding company, and issue bonds in exchange for outstanding bonds of holding company and in such case several buildings or properties may be included in one mortgage and bond issue. Morgan v. Fayette County Board of Education, 294 Ky. 597 , 172 S.W.2d 64, 1943 Ky. LEXIS 480 ( Ky. 1943 ).

4. Borrowing Money.

Counties and cities, in financing construction of school buildings, may borrow money from sources other than the federal government. Morgan v. Fayette County Board of Education, 294 Ky. 597 , 172 S.W.2d 64, 1943 Ky. LEXIS 480 ( Ky. 1943 ).

5. Lease of School Building.

Provision that lease of school building by fiscal court to school district would continue from year to year for a rental sufficient to pay interest on the bonds and eventually retire the bonds violated the constitutional limitation on indebtedness but it could be changed to one year with the privilege of renewal and the school board would not be presently bound for the entire period required for the rentals to liquidate the proposed indebtedness but would be bound only for one year at a time as renewed which would be within the income of the board for each particular year. Fiscal Court of Jackson County v. Board of Education, 268 Ky. 336 , 104 S.W.2d 1103, 1937 Ky. LEXIS 466 ( Ky. 1937 ).

6. Power of Fiscal Court.

When the legislature enacted this section it did not intend that the acts of a county board of education might be vetoed by the fiscal court. Fyfe v. Hardin County Board of Education, 305 Ky. 589 , 205 S.W.2d 165, 1947 Ky. LEXIS 880 ( Ky. 1947 ).

Fiscal court must comply with request of county board of education for issuance of revenue bonds for school buildings under this section, and cannot question need for buildings or use its own judgment as to whether bonds shall be issued. Fyfe v. Hardin County Board of Education, 305 Ky. 589 , 205 S.W.2d 165, 1947 Ky. LEXIS 880 ( Ky. 1947 ).

7. Bondholders’ Rights.

Where county had issued revenue bonds pursuant to this section under a plan where the school board conveyed a tract of land to the fiscal court which issued revenue bonds and constructed a school building and then leased the building to the school board for one year with option to renew for successive one year periods and when sufficient rentals were paid over a period of years to retire the bonds the land and building were to be conveyed by the fiscal court to the school board, one of the bondholders could not attack a proposed new bond issue on the same plan for an entirely separate school to be erected on a separate tract of land on the basis the board did not have enough finances since under the plan the bondholder was not concerned with the future soundness of the school system but took the risk that the school board could abandon the school building at the end of any year. Wagner v. Fiscal Court of Jessamine County, 306 S.W.2d 288, 1957 Ky. LEXIS 39 ( Ky. 1957 ).

Cited:

Louisville v. Manning, 309 Ky. 789 , 219 S.W.2d 13, 1949 Ky. LEXIS 813 ( Ky. 1949 ); Fosson v. Fiscal Court of Boyd County, 369 S.W.2d 108, 1963 Ky. LEXIS 58 ( Ky. 1963 ).

Opinions of Attorney General.

Where the fee simple title to school property was owned by the county and the city wanted to blacktop certain roads on the property, the county was liable for its apportionate cost of the improvement as a benefited property owner. OAG 60-377 .

A fund resulting from the sale of school property could be used for the purchase of sites for school buildings, for the erection and complete equipping of school buildings, and for the major alteration, enlargement and complete equipping of buildings, in accordance with the provisions of KRS 160.476 , even though refunding revenue bonds were outstanding on other school property. OAG 66-224 .

Other school property, title to which has been retained by the school district, does not represent part of the security for refunding revenue bonds issued to provide for a specific building. OAG 66-224 .

Where the construction of a school building and later lease back to the school district was to be assumed by the county, a company in which the county judge (now county judge/executive) was the principal stockholder would be prohibited from selling materials to private contractors building the school. OAG 66-564 .

After merger, an urban-county government would stand in the place of the fiscal court as far as the agency to contract with the county board of education in connection with the construction of school facilities in the county and the issuance of bonds for such construction. OAG 74-187 .

Research References and Practice Aids

Cross-References.

Governmental agency may issue revenue bonds for any public project, KRS 58.010 to 58.120 .

Kentucky Law Journal.

Meuth, The Development of Financing Public Improvements by Kentucky Municipalities, 25 Ky. L.J. 230 (1937).

162.310. State educational institution may convey building site.

For the purpose of providing buildings to be used in connection with any state educational institution, the governing body of the institution may convey to any person complying with KRS 162.320 and 162.330 a fee simple title, with covenant of general warranty of title, to real estate held by or for the institution, as a site for the buildings.

History. 4535cc-1; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 572, effective July 13, 1990.

Compiler’s Notes.

This section (4535cc-1) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 572, effective July 13, 1990.

NOTES TO DECISIONS

1. Constitutionality.

This section and KRS 162.320 and 162.330 do not violate Ky. Const., § 51, or any other constitutional provision. McDonald v. University of Kentucky, 225 Ky. 205 , 7 S.W.2d 1046, 1928 Ky. LEXIS 734 ( Ky. 1928 ).

State educational institutions are not within the purview of Ky. Const., § 157. McDonald v. University of Kentucky, 225 Ky. 205 , 7 S.W.2d 1046, 1928 Ky. LEXIS 734 ( Ky. 1928 ). See Clay v. Board of Regents, 255 Ky. 846 , 75 S.W.2d 550, 1934 Ky. LEXIS 341 ( Ky. 1934 ); J. D. Van Hooser & Co. v. University of Kentucky, 262 Ky. 581 , 90 S.W.2d 1029, 1936 Ky. LEXIS 76 ( Ky. 1936 ).

Cited:

Louisville v. Manning, 309 Ky. 789 , 219 S.W.2d 13, 1949 Ky. LEXIS 813 ( Ky. 1949 ).

Research References and Practice Aids

Kentucky Law Journal.

Martin, Administrative Action for Efficient Debt Management: The Kentucky Case, 49 Ky. L.J. 505 (1961).

162.320. Contract for erection of building.

Every person to whom a site for a building is conveyed pursuant to KRS 162.310 shall immediately enter into a written contract with some person approved by the governing body of the state educational institution, for the immediate erection on the site of a building with the necessary appurtenances, according to plans and specifications approved by the governing body of the state educational institution. The contract shall provide the time when the building shall be completed. The contractor shall enter into bond with the Commonwealth for the benefit of the state educational institution in the penal sum of not less than twenty-five percent (25%) of the contract price for the completion of the work in the manner and within the time set out in the contract.

History. 4535cc-2; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 573, effective July 13, 1990.

Compiler’s Notes.

This section (4535cc-2) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 573, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Louisville v. Manning, 309 Ky. 789 , 219 S.W.2d 13, 1949 Ky. LEXIS 813 ( Ky. 1949 ).

162.330. Lease of building — Option to purchase.

Immediately upon the execution of the contract provided for by KRS 162.320 , the person to whom the site is conveyed shall execute, acknowledge, and deliver to the governing body of the state educational institution, a lease of the site and the building to be erected thereon, for a term of one (1) year from the time the building is completed and ready for occupancy, with an option in the lessee to extend the term of the lease for a term of one (1) year from the expiration of the original term of the lease and for one (1) year from the expiration of each extended term of the lease, until the original term of the lease has been extended for a total number of years to be agreed upon by the parties at a rental which, if paid for the original term and for each of the full number of years for which the term of the lease may be extended, will amortize the total cost of the erection of the building and appurtenances. The rent shall be paid at such times as the parties to the lease agree upon. The lease shall provide that the lessee may, at the expiration of the original or any extended term, purchase the leased premises at a stated price, which shall be the balance of the total cost of the erection of the building and appurtenances not amortized by the payments of rent previously made by the lessee. The lease shall provide that in the event of the exercise of the option to purchase the leased premises or in the event the lease has been extended for the full number of years which it is agreed the same may be extended, and all rents and payments provided for in the lease have been made, the lessor shall convey the premises to the lessee in fee simple with covenant of general warranty of title. The lease may provide that the lessee shall, as additional rent for the leased premises, pay all taxes assessed against the leased premises, and the cost of insuring the building erected thereon against loss or damage by fire and windstorm in such sum as may be agreed by the parties thereto.

History. 4535cc-3; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 574, effective July 13, 1990.

Compiler’s Notes.

This section (4535cc-3) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 574, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Louisville v. Manning, 309 Ky. 789 , 219 S.W.2d 13, 1949 Ky. LEXIS 813 ( Ky. 1949 ).

162.340. Governing bodies of state educational institutions may erect buildings.

The governing body of any state educational institution may, under the provisions of KRS 162.350 to 162.380 , erect buildings and appurtenances to be used in connection with the institution for educational purposes.

History. 4535m-1; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 575, effective July 13, 1990.

Compiler’s Notes.

This section (4535m-1) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 575, effective July 13, 1990.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Limitation on Indebtedness.
  3. Utility Plant Authorized.
1. Constitutionality.

State educational institutions are not within the purview of Ky. Const., § 157 regarding limitation on indebtedness. Clay v. Board of Regents, 255 Ky. 846 , 75 S.W.2d 550, 1934 Ky. LEXIS 341 ( Ky. 1934 ). See J. D. Van Hooser & Co. v. University of Kentucky, 262 Ky. 581 , 90 S.W.2d 1029, 1936 Ky. LEXIS 76 ( Ky. 1936 ).

2. Limitation on Indebtedness.

State educational institutions were not within the purview of Ky. Const., § 157. McDonald v. University of Kentucky, 225 Ky. 205 , 7 S.W.2d 1046, 1928 Ky. LEXIS 734 ( Ky. 1928 ) (decided under prior law).

This section did not violate Ky. Const., §§ 49, 50, or 51. J. D. Van Hooser & Co. v. University of Kentucky, 262 Ky. 581 , 90 S.W.2d 1029, 1936 Ky. LEXIS 76 ( Ky. 1936 ).

3. Utility Plant Authorized.

This act authorizes the erection of a water, heating, power and lighting plant. Clay v. Board of Regents, 255 Ky. 846 , 75 S.W.2d 550, 1934 Ky. LEXIS 341 ( Ky. 1934 ).

Research References and Practice Aids

Cross-References.

City of second class may follow KRS 162.340 to 162.380 to issue bonds for municipal college, KRS 165.165 .

Kentucky Law Journal.

Meuth, The Development of Financing Public Improvements by Kentucky Municipalities, 25 Ky. L.J. 230 (1937).

Martin, Administrative Action for Efficient Debt Management: The Kentucky Case, 49 Ky. L.J. 505 (1961).

162.350. Method of erection of buildings by state educational institutions.

The governing body of a state educational institution erecting a building or buildings pursuant to KRS 162.340 is subject to the provisions of KRS 162.170 to 162.240 , KRS 162.260 , 162.270 , and 162.290 , except that part of KRS 162.190 that provides that the bonds shall be payable solely from the revenue derived from the particular building or buildings erected. When so applied these sections shall be so read that:

  1. “City” means “state educational institution”;
  2. “Ordinance” means “resolution”;
  3. “Governing body of the city” means “governing body of the institution”;
  4. “School buildings” means the type of buildings contemplated by KRS 162.340 ;
  5. “Thirty (30) years” in KRS 162.180 means “forty (40) years”;
  6. “KRS 162.230 ” in KRS 162.190 and 162.220 , means “KRS 162.230 , 162.360 , and 162.370 ”;
  7. “KRS 162.150 to KRS 162.280 ” means “KRS 162.350 to 162.380 .”

History. 4535m-2 to 4535m-8, 4535m-10 to 4535m-12, 4535m-14; amend. Acts 1958, ch. 147, § 1; 1968, ch. 110, § 20; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 576, effective July 13, 1990; 1996, ch. 274, § 36, effective July 15, 1996.

Compiler’s Notes.

This section (4535m-2 to 4535m-8, 4535m-10 to 4535m-12, 4535m-14; amend. Acts 1958, ch. 147, § 1; 1968, ch. 110, § 20) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 576, effective July 13, 1990.

Opinions of Attorney General.

Even though housing bond revenues are required to go into the State Treasury, subject to payment out to the trustee for sinking fund purposes, KRS 56.873 has no application to university housing revenue bonds, since the act (Ch. 96 of 1980) requires legislative approval only where state general fund expenditures are involved. OAG 80-592 .

Research References and Practice Aids

Kentucky Law Journal.

Martin, Administrative Action for Efficient Debt Management: The Kentucky Case, 49 Ky. L.J. 505 (1961).

162.360. Revenues from building — Determination and use.

The governing body of a state educational institution erecting a building or buildings and appurtenances under the provisions of KRS 162.340 shall, by resolution, provide that the bonds shall be payable, solely from the revenues of such building or buildings, provided, said governing body may in its discretion, by said resolution, also provide that the bonds shall be payable from the revenues of any other building or buildings theretofore or as may be thereafter erected and used, in connection with the institution for educational purposes provided, further, any such provision for the payment of the bonds from the revenues of such other building or buildings theretofore erected shall be subject to and in all respects in full conformity and compliance with the rights of the holders of any bonds or obligations payable from the revenues of such other building or buildings theretofore issued by the governing body then outstanding. The resolution shall fix the initial minimum rents, tolls, fees, and other charges to be imposed in connection with the services furnished by the building or buildings to be erected and may also provide that the governing body of the institution shall monthly as the service accrues pay from the current funds of the institution or from student fees, or both, into the special fund provided by KRS 162.230 , as that section is made applicable by KRS 162.350 , a minimum amount representing the reasonable cost and value of any service rendered to the educational institution by such building or buildings in furnishing any educational facilities in the operation of the educational institution. The resolution shall fix the extent of the pledge of revenues from such other building or buildings toward the payment of the bonds and interest thereon and may specify the terms and conditions upon which additional bonds may be thereafter issued and sold ranking on a parity with and payable from the same source as the bonds authorized by such resolution, and such additional parity bonds may thereafter be so issued and sold to pay all or any part of the cost of building or buildings and appurtenances. The resolution shall definitely fix the minimum amount of revenues necessary to be set apart on or before stated intervals and applied to the payment of the principal and interest on the bonds and the balance of the income and revenues shall be set aside as a proper operation and maintenance fund, including a sufficient sum to pay the cost of insuring the building or buildings against loss or damage by fire and windstorm or other calamity as may have been stipulated in the resolution or resolutions authorizing the bonds. The charges for the services from the building or buildings, together with the available revenues of any other building or buildings pledged to the payment of said bonds and interest thereon, shall be sufficient at all times to provide for the payment of such interest and to create a sinking fund to accomplish retirement of such bonds at or before maturity, and to pay the current operation and maintenance expenses of the building or buildings to the extent such expenses are not otherwise provided. The charges shall be revised from time to time so as to produce these amounts.

History. 4535m-8; amend. Acts 1958, ch. 147, § 2; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 577, effective July 13, 1990.

Compiler’s Notes.

This section (4535m-8; amend. Acts 1958, ch. 147, § 2) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 577, effective July 13, 1990.

Research References and Practice Aids

Kentucky Law Journal.

Martin, Administrative Action for Efficient Debt Management: The Kentucky Case, 49 Ky. L.J. 505 (1961).

162.370. Maintenance fund surplus.

If a surplus is accumulated in the maintenance fund equal to the cost of maintaining the building or buildings during the remaining portion of the calendar or fiscal year, as may be provided by the resolution adopted under KRS 162.360 and the cost of maintaining and operating the building or buildings the succeeding like calendar or fiscal year, the excess over such amount may be transferred at any time by the governing body to the sinking fund or may be used for any improvements, extensions, or additions to the building or buildings.

History. 4535m-9; amend. Acts 1958, ch. 147, § 3; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 578, effective July 13, 1990.

Compiler’s Notes.

This section (4535m-9; amend. Acts 1958, ch. 147, § 3) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 578, effective July 13, 1990.

Research References and Practice Aids

Kentucky Law Journal.

Goldman, The University and the Liberty of Its Students — A Fiduciary Theory, 54 Ky. L.J. 643 (1966).

162.380. Bonds are obligations of governing body — Resolution constitutes contract.

The bonds issued under authority of KRS 162.350 shall be obligations only of the governing body of the institution, payable as to both principal and interest from the revenues as pledged for that purpose. In no event shall they be considered a debt for which the credit of the state is pledged. Any resolution adopted under the provisions of KRS 162.350 or 162.360 shall constitute a contract between the governing body of the institution and the holder of any bond or coupon and shall be binding in all respects upon the governing body of the institution and its successors.

History. 4535m-13; amend. Acts 1958, ch. 147, § 4; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 579, effective July 13, 1990.

Compiler’s Notes.

This section (4535m-13; amend. Acts 1958, ch. 147, § 4) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 579, effective July 13, 1990.

Research References and Practice Aids

Kentucky Law Journal.

Martin, Administrative Action for Efficient Debt Management: The Kentucky Case, 49 Ky. L.J. 505 (1961).

162.385. School district finance corporation — Definitions — Construction bonds.

  1. Any board of education may obtain buildings for school purposes by proceeding under the provisions of KRS 162.120 to 162.290 utilizing a nonprofit finance corporation established pursuant to the provisions of KRS 273.161 to 273.390 , inclusive, and KRS 58.180 as an issuing agency for the bonds instead of a city or county. When applied to such boards of education, KRS 162.120 to 162.290 shall be so read that the term:
    1. “City” means a finance corporation acting as an agency and instrumentality of the board pursuant to KRS 58.180 ;
    2. “City clerk” means the secretary of the finance corporation;
    3. “Governing body of the city” means the board of directors of the finance corporation or other governing body thereof;
    4. “Mayor” means president or chief executive officer of the finance corporation; and
    5. “Ordinance” means an ordinance, resolution, or trust indenture or a similar document.
  2. In order to promote uniformity in the financing of school facilities, each finance corporation shall include the identity of the school district for which it acts in its title and shall be designated as “................... School District Finance Corporation.”
  3. Bonds issued by a finance corporation on behalf of a board of education shall constitute “bonds” within the meaning of KRS 157.615(3) and the School Facilities Construction Commission shall be authorized to assist qualified boards in meeting rental payments due under a lease from the finance corporation to the board which shall constitute a “lease” within the meaning of KRS 157.615(8).

History. Enact. Acts 1988, ch. 301, § 1, effective April 9, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 580, effective July 13, 1990; 1992, ch. 195, § 13, effective April 3, 1992.

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 301, § 1, effective April 9, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 580, effective July 13, 1990.

162.387. School district finance corporations may lease land for school construction — Issuance of bonds.

  1. Notwithstanding any other statute or administrative regulation to the contrary, any nonprofit finance corporation formed under KRS 162.385 may lease land from any government entity or agency for the purposes of constructing a school building on the site. The nonprofit finance corporation shall offer to lease the land for one (1) year and the lease by its terms shall give the lessee the right and option to extend the term from year to year, for periods of one (1) year, for a minimum of fifty (50) years.
  2. In the event a finance corporation leases property from a governmental agency as set forth in subsection (1) of this section, the finance corporation may issue school building revenue bonds on behalf of a school district in accordance with KRS 162.120 to 162.300 just as if the finance corporation held fee simple title to the leased property.

History. Enact. Acts 2010, ch. 69, § 1, effective July 15, 2010.

162.390. School building fund in cities of first class; tax for. [Repealed.]

Compiler’s Notes.

This section (2978e-1) was repealed by Acts 1946, ch. 36, § 3.

162.400. Taxes go to school board; may be accumulated; building fund. [Repealed.]

Compiler’s Notes.

This section (2978e-2) was repealed by Acts 1946, ch. 36, § 3.

162.410. Deposit or investment of building fund. [Repealed.]

Compiler’s Notes.

This section (2978e-3) was repealed by Acts 1946, ch. 36, § 3.

162.420. Expenditures from building fund. [Repealed.]

Compiler’s Notes.

This section (2978e-2, 2978e-4) was repealed by Acts 1946, ch. 36, § 3.

162.430. Report of condition of building fund. [Repealed.]

Compiler’s Notes.

This section (2978e-5) was repealed by Acts 1946, ch. 36, § 3.

162.431. School building fund in cities of second class and in counties containing such a city; tax for; other assets of. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 27, § 1; 1944, ch. 31) was repealed by Acts 1946, ch. 36, § 3.

162.432. Taxes go to school board; accumulation and use of fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 27, § 2) was repealed by Acts 1946, ch. 36, § 3.

162.433. Deposit or investment of fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 27, § 3) was repealed by Acts 1946, ch. 36, § 3.

162.434. Expenditures from fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 27, § 4) was repealed by Acts 1946, ch. 36, § 3.

162.435. Audit of fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 27, § 5; 1944, ch. 31, § 1) was repealed by Acts 1946, ch. 36, § 3.

Insurance Funds

162.440. Insurance fund for board of education in a designated city or county containing a designated city.

  1. The board of education of any designated city or of a county containing a designated city may, by resolution, establish a fund to be known as the “insurance fund” after written approval of the plan to administer the fund has been secured from the chief state school officer. The resolution shall fix the maximum limit of the fund. The fund shall be maintained separate from the other funds and moneys of the board, and shall be used exclusively for replacing or repairing any injury or destruction to any of the buildings owned by the board or to their contents when caused by fire, tornado, windstorm, cyclone, casualty, explosion, riot, or flood, but not when caused by wear and tear or the natural processes of decadence or deterioration.
  2. As used in this section, “designated city” means a city classified as a city of the second class as of January 1, 2014, under the city classification system in effect prior to January 1, 2015. The Department of Education shall, on or before January 1, 2015, create an official registry listing the cities that qualify as a “designated city” under this section and shall publish that registry on its Web site.

History. 3219a-1; amend. Acts 1944, ch. 31; 1990, ch. 476, Pt. IV, § 257, effective July 13, 1990; 2014, ch. 92, § 228, effective January 1, 2015.

Research References and Practice Aids

Cross-References.

Insurance of state property, KRS 56.070 to 56.185 .

162.450. Payments into fund — Replacement of expenditures — Use of interest.

The board of education authorized to establish an insurance fund pursuant to KRS 162.440 may raise the maximum limit of the insurance fund from time to time as it deems best. Until the amount in the fund equals the maximum limit, the board of education shall each year, from the revenues under its control, set apart to the fund a sum equal to from one-twentieth (1/20) to one-tenth (1/10) of the maximum limit of the sum. When any portion of the fund is used, payments to restore the fund shall at once be begun and be continued until the restoration is complete. When the fund is, for any reason, below the maximum limit, the interest derived from the investment thereof shall be accumulated and added to the fund; otherwise the interest may be transferred to the general funds of the board.

History. 3219a-2; amend. Acts 1944, ch. 31; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 581, effective July 13, 1990; 2014, ch. 92, § 229, effective January 1, 2015.

162.460. Investment and care of insurance fund.

The insurance fund shall be kept on deposit with the treasurer of the board of education, unless by order of the board it is invested in United States, state, county, or city bonds that are not payable from assessments, and are registered, if practicable. If the bonds are coupon bonds, they shall be kept deposited in a safe deposit vault and be opened only by the business manager or secretary of the board in the presence of a member of the board authorized to represent it. Every vote upon the use or investment of any portion of the fund shall be by call of the yeas and nays and the record shall show how each member voted.

History. 3219a-3, 3219a-5; amend. Acts 1944, ch. 31; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 582, effective July 13, 1990.

Compiler’s Notes.

This section (3219a-3, 3219a-5; amend. Acts 1944, ch. 31) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 582, effective July 13, 1990.

Research References and Practice Aids

Cross-References.

Investment of sinking funds in United States bonds authorized, KRS 386.050 .

162.470. Insurance inspector to examine buildings annually.

The board of education shall cause every building to be carefully examined annually by a competent insurance inspector. The inspector shall make a written report of the result of his examination with recommendations.

History. 3219a-4; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 583, effective July 13, 1990.

Compiler’s Notes.

This section (3219a-4) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 583, effective July 13, 1990.

162.480. Proof of loss — Appropriations of fund.

When an injury occurs to any building or its contents from fire, tornado, windstorm, cyclone, casualty, explosion, riot, or flood, the business director or secretary of the board of education shall, within thirty (30) days thereafter, prepare and file with the board a sworn written proof of loss, showing in detail the items of injury, and in detail an estimate of the extent of the financial loss and whether and to what extent the loss is covered by insurance, with the names of the companies, the number of the policies, and names of the agents. Before the board of education may appropriate any portion of the insurance fund, a committee appointed by the board shall report to the board in writing, making recommendations and answering in detail the following questions:

  1. What is the entire loss on the building? When and what caused it?
  2. What deduction should be made for wear and tear and the natural processes of decadence or deterioration?
  3. What portion of the loss proposed to be made good from this fund resulted from causes covered by this fund?
  4. Will it be practicable to make the restoration from the general fund and the proceeds of any insurance policies without assistance from this fund?
  5. If assistance is needed from this fund, how much? How will the portion so used be returned to the fund?
  6. Does the committee recommend an appropriation from this fund to aid in the restoration proposed? If so, how much?

History. 3219a-5; amend. Acts 1944, ch. 31; 1990, ch. 476, Pt. IV, § 258, effective July 13, 1990.

162.490. Insurance fund may be used in case of delay in payment under insurance policy.

If any insurance company delays in paying to the board of education the amount of any loss under a policy, the board may, on the recommendation of its building and finance committee, appropriate from the insurance fund a sum not exceeding the amount of the probable loss under the policy to aid in the prompt restoration of the loss. The amount drawn from the insurance fund shall not exceed the amount collectible from the policy. A resolution shall be adopted setting over to the insurance fund the proceeds of the policy or sufficient thereof to replace the amount so used, and the proceeds when collected shall be so used and not otherwise.

History. 3219a-6; amend. Acts 1990, ch. 476, Pt. IV, § 259, effective July 13, 1990.

162.500. Prohibited appropriations.

No member of the board of education shall vote for, and no officer of the board shall certify to or draw a check for, an appropriation in violation of KRS 162.440 to 162.490 .

History. 3219a-7; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 584, effective July 13, 1990.

Compiler’s Notes.

This section (3219a-7) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 584, effective July 13, 1990.

162.510. Kentucky Public School Authority; public corporation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 81, § 1) was repealed by Acts 1964, ch. 7, § 8.

State Property and Buildings Commission

162.520. Definitions for KRS 162.520 to 162.620.

As used in KRS 162.520 to 162.620 , the following terms and words have the following respective meanings, unless another meaning is clearly indicated by the context:

  1. As used in KRS 162.540 , 162.550 , 162.580 , 162.590 , 162.600 , and 162.620 “authority” means “State Property and Buildings Commission;”
  2. “Department” means the State Department of Education;
  3. “Board of education” means the governing body of a county school district, or of an independent school district, for which the authority issues its revenue bonds pursuant to KRS 162.520 to 162.620 ;
  4. “Project” means any undertaking to provide for a board of education any school buildings, facilities, improvements, and appurtenances authorized in KRS 162.120 to 162.300 ;
  5. “Lease” or “lease instrument” means a written instrument for the leasing of one (1) or more school projects executed by the authority as lessor and a board of education as lessee, conforming to the specifications set forth in KRS 162.140 ;
  6. “Bonds” or “bonds of the authority” means bonds issued by the authority under KRS 162.520 to 162.620 , payable as to principal and interest solely from rentals received from a board of education pursuant to a lease.

History. Enact. Acts 1960, ch. 81, § 2; 1964, ch. 7, § 9; 1990, ch. 476, Pt. IV, § 260, effective July 13, 1990; 1996, ch. 87, § 6, effective July 15, 1996.

162.530. Membership; succession; quorum; compensation; offices; register of membership; official records; regulations; meetings. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 81, § 3) was repealed by Acts 1964, ch. 7, § 12.

162.540. Interpretation of terms in KRS 162.120 to 162.300 when applied to KRS 162.520 to 162.620.

Upon receiving a request in writing from a board of education, the authority may, in its discretion, assist such board of education in financing any project by acting in the capacity and manner authorized to be performed by cities under KRS 162.120 to 162.290 , and by counties under KRS 162.300 . When applied to the authority, KRS 162.120 to 162.300 shall be so read that the following terms and passages have the following respective meanings or interpretations:

  1. “City” or “county” means “authority”;
  2. “City clerk” or “county clerk” means “secretary or assistant secretary of the authority”;
  3. “Governing body of the city” or “fiscal court” means “authority”;
  4. “Mayor” or “county judge/executive” means “chairman or vice chairman of the authority”;
  5. “Ordinance” in the case of a city, or “resolution” in the case of a county, means a resolution of the authority;
  6. “Building and appurtenances” means “project” as defined in subsection (4) of KRS 162.520 ;
  7. The last sentence of KRS 162.190 shall read, “It shall be plainly stated on the face of each bond that it was or is issued under the provisions of KRS 162.520 to 162.620 (omitting reference to KRS 162.150 to 162.280 as such), and that it does not constitute an indebtedness of the authority or of the Commonwealth”;
  8. KRS 162.200 is modified to permit use of money received from bonds for the additional purpose of paying reasonable expenses incurred in the authorization, advertising, preparation, sale, and delivery of bonds, and may include a fee contracted to be paid to a fiscal agent for financial advice and services if the contract or agreement therefor shall have been approved by the board of education and by the authority;
  9. As used in KRS 162.140 , “lease” shall have the meaning defined in subsection (5) of KRS 162.520 , and the same shall be recorded or filed for recording in the office of the county clerk of the county in which the project is situated, as evidenced by a written receipt or acknowledgment of filing issued by such clerk, or by a copy of the lease attested or certified by such clerk as being of record in his office. It shall be the duty of the secretary of the authority to obtain such evidence before delivery of the bonds to a purchaser thereof; but failure to obtain the same shall not affect the validity of the bonds in the hands of any purchaser or holder;
  10. KRS 162.240 shall not apply; and the following provisions shall govern in lieu thereof:

“One (1) or more depositories and paying agents may be selected and designated by the board of education, subject to the approval of the authority, which approval shall not unreasonably be withheld; but each depository and paying agent shall be a financial institution, within or without the Commonwealth, which is a member of the Federal Deposit Insurance Corporation. All deposits of sinking funds and of bond proceeds shall continuously be secured by a pledge to the authority of direct obligations of the United States, exclusive of accrued interest, at all times at least equal to the balance on deposit in the fund or account, such securities to be deposited with the authority or held by a trustee or agent designated by the authority; provided, however, in lieu of requiring such security the authority may in its discretion invest, or cause to be invested and reinvested, any moneys in direct obligations of the United States until such time as cash funds may be needed, and the authority may prescribe for the custody and safekeeping of such securities. When cash funds are needed, the authority shall direct the conversion into cash of such securities, or a sufficient portion thereof, and may require that the same be secured until disbursement, as herein provided. All income from such securities shall accrue to the board of education, but may be retained by the authority and credited upon any rental obligation of the board of education under the lease, or applied to supplement bond proceeds if the same should for any reason turn out to be insufficient to defray the costs and expenses of the project.”

History. Enact. Acts 1960, ch. 81, § 4, effective June 16, 1960; 1976 (Ex. Sess.), ch. 20, § 6, effective January 2, 1978; 1978, ch. 384, § 293, effective June 17, 1978; 1986, ch. 23, § 13, effective July 15, 1986; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 585, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 81, § 4, effective June 16, 1960; 1976 (Ex. Sess.), ch. 20, § 6, effective January 2, 1978; 1978, ch. 384, § 293, effective June 17, 1978; 1986, ch. 23, § 13, effective July 15, 1986) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 585, effective July 13, 1990.

NOTES TO DECISIONS

1. Escrow.

Designation of an out-of-state bank as escrow agent whose duties were to protect bondholders rather than city does not invalidate revenue bond financing plan. Gregory v. Lewisport, 369 S.W.2d 133, 1963 Ky. LEXIS 70 ( Ky. 1963 ).

162.550. Ownership of certain moneys determined.

Moneys received by the authority as rentals under any lease, and from the sale of bonds, are declared not to be funds of the Commonwealth but shall be corporate funds of the authority to be held, administered, invested, and disbursed as trust funds under the terms, provisions, pledges, covenants, and agreements set forth in its leases and bond resolutions and bonds.

History. Enact. Acts 1960, ch. 81, § 5, effective June 16, 1960; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 586, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 81, § 5, effective June 16, 1960) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 586, effective July 13, 1990.

162.560. Officers of authority to be bonded. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 81, § 6) was repealed by Acts 1964, ch. 7, § 12.

162.570. Authority required to record all financial transactions; report to Governor. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 81, § 7) was repealed by Acts 1964, ch. 7, § 12.

162.580. Duty of authority as to each bond issue.

In connection with each bond issue of the authority, it shall be the duty of the authority:

  1. To require the board of education to insure the project to its full insurable value, or to the amount of the bonds outstanding from time to time, whichever is the less, against the hazards covered by the standard fire insurance policy with standard endorsement of “extended coverage”; and to require that a copy of each policy be delivered to the authority for inspection and for its records;
  2. To require periodic accounting from all depositories of funds, the same to be submitted on forms prepared and supplied by the authority;
  3. To furnish to the auditing staff of the department a summary identification and description of each issue, and to request that the financial records of the board of education relating thereto be audited as a part of the annual audit of the board of education, and that a separate statement or report thereof be filed with the authority;
  4. To send to each board of education, at least thirty (30) days before the due date of any rental payment, a notice of the amount of rental to become due, and the date thereof, and to require acknowledgment thereof;
  5. In the event of failure to receive from the board of education satisfactory evidence that sufficient funds have been transmitted to the authority, or will be so transmitted, for paying bond principal and/or interest when due, as provided in the lease, to notify and request that the department withhold from the board of education a sufficient portion of any undisbursed funds then held or set aside or allocated to it, and to request that the department transfer the required amount thereof to the authority for the account of the board of education.

History. Enact. Acts 1960, ch. 81, § 8, effective June 16, 1960; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 587, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 81, § 8, effective June 16, 1960) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 587, effective July 13, 1990.

Research References and Practice Aids

Cross-References.

Approval of contracts payable from revenue bonds, KRS 56.470 .

162.590. Duty of department on request of authority.

It shall be the duty of the department, upon written request of the authority:

  1. To cause its auditing staff to audit the financial records of a board of education relating to any identified and described bond issue of the authority, as an incident to the department’s next ensuing annual audit of such board of education, and each subsequent annual audit thereof; and to provide to the authority a statement or report thereof;
  2. Upon receiving a notification and request from the authority as described in KRS 162.580 , to ascertain whether the lease of the board of education has been renewed and is in force in accordance with its terms; and if the same is ascertained to be in force, to withhold from the board of education a sufficient portion of any undisbursed funds then held or set aside or allocated by the department for the board of education, and to comply with the terms of the notification and request of the authority, for the account of said board of education.

History. Enact. Acts 1960, ch. 81, § 9, effective June 16, 1960; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 588, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 81, § 9, effective June 16, 1960) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 588, effective July 13, 1990.

Research References and Practice Aids

Cross-References.

Department of Education, KRS 156.010 .

162.600. Bonds to issue in name of authority — Identification — Investment designation.

  1. Bonds of the authority shall be issued in the name of the authority, shall be designated “school building revenue bonds,” or, if appropriate, “school building revenue refunding bonds,” and shall additionally be identified by the name of the board of education executing the lease. If the authority shall issue more than one (1) series of bonds for the same lessee from time to time, each series, including the first or subsequent to the first, shall additionally be identified distinctly by alphabetical or chronological designation, by date of the bonds, or otherwise as the authority may determine.
  2. For the purposes of determining any limit prescribed by any law for investment of any public funds, or funds of banks, trust companies, insurance companies, building and loan associations, credit unions, pension and retirement funds, and fiduciaries, in obligations of a single obligor, bonds issued by the authority pursuant to KRS 162.520 to 162.620 shall not be deemed to be bonds or obligations of the same obligor except to the aggregate of all series of bonds involving leases of a single board of education.
  3. Bonds issued by the authority under the provisions of KRS 162.520 to 162.620 are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of a similar nature may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds or other obligations of the Commonwealth is now or may hereafter be authorized by law.

History. Enact. Acts 1960, ch. 81, § 10, effective June 16, 1960; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 589, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 81, § 10, effective June 16, 1960) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 589, effective July 13, 1990.

Research References and Practice Aids

Cross-References.

State Property and Buildings Commission, KRS 56.440 to 56.580 .

162.610. Transactions of authority exempt from other control. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 81, § 11) was repealed by Acts 1964, ch. 7, § 12.

162.620. Sale of bonds — Conditions.

Bonds of the authority shall be sold only upon the basis of sealed bids or proposals, publicly solicited, received, opened and acted upon. The “publication area,” as that term is used in KRS Chapter 424, shall not be deemed to be the area within which the office of the authority is situated, but shall be deemed to be the “publication area” of the board of education executing the lease. Each sale shall be publicly advertised by means of a notice conforming to the provisions of KRS 424.140(3), and the same shall be published at least one (1) time, at least seven (7) days in advance of the date set forth for opening bids, in a daily newspaper having bona fide general circulation throughout the Commonwealth. If such publication is made, it shall be sufficient for publication in the “publication area” to be made only one (1) time, at least seven (7) days in advance of the date set forth for the opening of bids, notwithstanding provisions for publication more often as provided in KRS Chapter 424. If a copy of the sale notice be delivered or transmitted in good faith to the qualified newspaper of the “publication area” in time for publication in an issue thereof published seven (7) days or more in advance of the date set forth for the opening of bids, and with direction for publication therein, any failure of such newspaper to make publication as directed shall not invalidate the sale of the bonds by the authority on the designated date, nor require postponement or cancellation thereof.

History. Enact. Acts 1960, ch. 81, § 12, effective June 16, 1960; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 590, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 81, § 12, effective June 16, 1960) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 590, effective July 13, 1990.

Penalties

162.990. Penalties.

Any person who violates any of the provisions of KRS 162.500 is liable to the board of education, in an action brought by the board of education, or by any citizen of the district, or by the chief state school officer, for the restoration of the wrongful appropriation. In addition, he is guilty of malfeasance in office and upon conviction shall forfeit his office, and may for each offense be fined not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or imprisoned from one (1) to five (5) years, or both so fined and imprisoned. One-half (1/2) of the fine shall be paid to the board of education by the collecting officer.

History. 3219a-7; amend. 1990, ch. 476, Pt. IV, § 261, effective July 13, 1990.

CHAPTER 163 Vocational Education and Rehabilitation

General Provisions

163.010. Definitions. [Repealed.]

Compiler’s Notes.

This section (4526-5) was repealed by Acts 1956, ch. 165, § 1.

163.020. Federal acts relating to vocational education accepted. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (4526-1; amend. Acts 1956, ch. 165, § 2) was repealed, reenacted and amended as KRS 151B.145 by Acts 1990, ch. 470, § 28, effective July 1, 1990, which prevailed over the repeal and reenactment of this section by Acts 1990, ch. 476, Pt. V, § 591, effective July 13, 1990.

163.030. State board for vocational-technical, adult education and vocational rehabilitation services authorized to carry out vocational education program. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (4526-2; amend. Acts 1956, ch. 165, § 3; 1978, ch. 155, § 83, effective June 17, 1978) was repealed, reenacted and amended as KRS 151B.150 by Acts 1990, ch. 470, § 29, effective July 1, 1990, which prevailed over an amendment by Acts 1990, ch. 476, Pt. IV, § 262, effective July 13, 1990.

163.032. Salary schedule for teachers and administrators in schools for deaf and blind — Employment status and benefits — Hiring process — Work location assignments — Accrued leave.

  1. The Kentucky Department of Education, with assistance from the Kentucky Personnel Cabinet, shall adopt a salary schedule for teachers in the Kentucky School for the Deaf and the Kentucky School for the Blind. The salary schedule shall be the same as salary schedules in effect in local school districts in counties containing a city of the first class and shall conform to the requirements for a single salary schedule as defined in KRS 157.320 , except the salary schedule shall not limit the number of years of experience for a certified employee who transfers to the school.
    1. Certified teachers in the Kentucky School for the Deaf and the Kentucky School for the Blind shall have the same statutory employment status and benefits as certified teachers in the public schools. (2) (a) Certified teachers in the Kentucky School for the Deaf and the Kentucky School for the Blind shall have the same statutory employment status and benefits as certified teachers in the public schools.
    2. If a teacher qualifies for and requests a tribunal under KRS 161.790 , the Attorney General shall appoint the members.
  2. Once a teacher has been selected for hiring at the Kentucky School for the Blind or the Kentucky School for the Deaf, the Department of Education and the Personnel Cabinet shall complete the hiring process within two (2) weeks.
  3. A certified teacher employed at one (1) of the schools on July 12, 2006, whose job description does not include outreach responsibilities shall not be involuntarily assigned to work on a permanent basis outside the county in which the employing school is located.
  4. Nothing in KRS 18A.115 or 163.032 shall result in a loss of any leave accrued by a certified teacher employed prior to July 12, 2006, by one (1) of the schools. Accrued leave may be taken in accordance with the policy of the school.
  5. The Kentucky Department of Education, with assistance from the Kentucky Personnel Cabinet, shall adopt a salary schedule for administrators for the Kentucky School for the Deaf and the Kentucky School for the Blind. In considering the rate of pay and the requirements of KRS 18A.110(7)(b), the department and the cabinet shall consider rates that are based upon the duties and responsibilities of the positions and that are competitive with rates for similar or comparable services in Kentucky school districts. The salary schedule, which shall be computed prior to September 1 of each year, shall be based on two hundred sixty (260) days per year.

History. Enact. Acts 1980, ch. 277, § 1, effective July 15, 1980; 1986, ch. 219, § 1, effective July 15, 1986; 1988, ch. 361, § 16, effective July 15, 1988; 1990, ch. 233, § 1, effective July 13, 1990; 1990, ch. 470, § 55, effective July 1, 1990; 1990, ch. 476, Pt. IV, § 263, effective July 13, 1990; 1998, ch. 154, § 80, effective July 15, 1998; 2006, ch. 208, § 2, effective July 12, 2006; 2011, ch. 103, § 1, effective June 8, 2011.

Legislative Research Commission Note.

(7/13/90). This section was amended by three 1990 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250 .

Opinions of Attorney General.

There is a reasonable distinction which justifies the separate treatment given to the salaries of beginning teachers in the state-supported vocational schools, the State School for the Deaf, and the State School for the Blind; therefore, this section is not “special” legislation in violation of either § 59 or § 60 of the Constitution. OAG 85-86 .

163.035. Business enterprises program for the blind. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 56, § 1) was repealed by Acts 1956, ch. 165, § 1; 1956, ch. 172, § 9.

163.036. Kentucky industries for blind established. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956 (1st Ex. Sess.), ch. 7, Art. II, §§ 4, 5; 1966, ch. 255, § 153) was repealed by Acts 1976, ch. 377, § 6.

163.038. Computer Services for the Blind Corporation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 76, § 1; 1978, ch. 384, § 569, effective June 17, 1978; repealed and reenact. Acts 1990, ch. 476, Pt. V, § 592, effective July 13, 1990) was repealed by Acts 1994, ch. 363, § 11, effective July 15, 1994.

Legislative Research Commission Note.

(7/15/94). Under KRS 446.260 , the repeal of this section in 1994 Ky. Acts ch. 363 prevails over its amendment in 1994 Ky. Acts chs. 209 and 469.

163.040. Acceptance and expenditure of appropriations and other funds. [Repealed.]

Compiler’s Notes.

This section (4526-3; amend. Acts 1956, ch. 165, § 4) was repealed by Acts 1978, ch. 155, § 165, effective June 17, 1978.

163.050. Personnel — Traveling expenses — Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (4526-4; amend. Acts 1956, ch. 165, § 5) was repealed by Acts 1978, ch. 155, § 165, effective June 17, 1978.

163.060. Residence requirement for eligibility for rehabilitation. [Repealed.]

Compiler’s Notes.

This section (4526-6) was repealed by Acts 1956, ch. 165, § 1.

163.070. State treasurer custodian of funds. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (4526-7; amend. Acts 1978, ch. 155, § 83, effective June 17, 1978) was repealed, reenacted and amended as KRS 151B.155 by Acts 1990, ch. 470, § 30, effective July 1, 1990, which prevailed over an amendment by Acts 1990, ch. 476, Pt. IV, § 264, effective July 13, 1990.

163.080. Donations may be received. [Repealed.]

Compiler’s Notes.

This section (4526-8) was repealed by Acts 1956, ch. 165, § 1.

Vocational Schools

163.085. Buildings for state vocational schools, acquisition or construction. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 145, § 1; 1976, ch. 327, § 4; 1978, ch. 155, § 83, effective June 17, 1978) was repealed, reenacted and amended as KRS 151B.160 (now repealed) by Acts 1990, ch. 470, § 31, effective July 1, 1990, which prevailed over an amendment by Acts 1990, ch. 472, Pt. IV, § 265, effective July 13, 1990.

163.086. Governor’s Council on Vocational Education. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 327, § 6; 1978, ch. 154, § 42, effective June 17, 1978; 1978, ch. 155, § 83, effective June 17, 1978; 1980, ch. 295, § 42, effective July 15, 1980; 1986, ch. 24, § 1, effective July 15, 1986; 1990, ch. 373, § 9, effective July 13, 1990; 1990, ch. 470, § 56, effective July 1, 1990; 1990, ch. 476, Pt. IV, § 266, effective July 13, 1990; 1994, ch. 405, § 30, effective July 15, 1994; 1998, ch. 426, § 118, effective July 15, 1998) was repealed by Acts 2000, ch. 156, § 5, effective July 14, 2000.

163.087. Tuition and fees in vocational schools. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 327, § 5; 1978, ch. 155, § 83, effective June 17, 1978) was repealed, reenacted and amended as KRS 151B.165 by Acts 1990, ch. 470, § 32, effective July 1, 1990, which prevailed over an amendment by Acts 1990, ch. 476, Pt. IV, § 267, effective July 13, 1990.

163.088. Liability insurance for motor vehicles owned or operated by department in vocational schools. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 416, § 1, effective April 10, 1986) was repealed, reenacted and amended as KRS 151B.170 by Acts 1990, ch. 470, § 33, effective July 1, 1990, which prevailed over an amendment by Acts 1990, ch. 476, Pt. IV, § 268.

163.089. Medical and accident insurance for students. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 289, § 1, effective July 15, 1988) was repealed, reenacted and amended as KRS 151B.175 by Acts 1990, ch. 470, § 34, effective July 1, 1990, which prevailed over an amendment by Acts 1990, ch. 476, Pt. IV, § 269.

163.090. Mayo State Vocational School. [Repealed.]

Compiler’s Notes.

This section (4526-10, 4526-11; amend. Acts 1966, ch. 184, § 3) was repealed by Acts 1976, ch. 327, § 8.

163.095. Application of bequests or donations.

All bequests or donations made for a specified use with regard to the state vocational education program, vocational education facilities, vocational education personnel, or present or prospective vocational education pupils shall be applied to that use and no other so long as it is consistent with appropriate Kentucky Revised Statutes and the state plan for vocational education.

History. Enact. Acts 1976, ch. 327, § 7; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 593, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 327, § 7) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 593, effective July 13, 1990.

163.098. Establishment of base salaries for principals.

The principal of an area vocational education center or state vocational technical school shall be paid a base monthly salary, which is at least equal to the highest paid teacher supervised by the principal, when the education and experience of the principal is equal to or greater than that of the supervised employee.

History. Enact. Acts 1988, ch. 267, § 1, effective July 15, 1988; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 594, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 267, § 1, effective July 15, 1988) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 594, effective July 13, 1990.

163.100. Northern Kentucky State Vocational School. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 75, § 1) was repealed by Acts 1976, ch. 327, § 8.

State Vocational Rehabilitation Agency

163.110. Declaration of intent for KRS 163.110 to 163.180. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 172, § 1; 1984, ch. 316, § 1, effective July 13, 1984) was repealed, reenacted and amended as KRS 151B.180 by Acts 1990, ch. 470, § 35, effective July 1, 1990, which prevailed over the repeal and reenactment of this section by Acts 1990, ch. 476, Pt. V, § 595, effective July 13, 1990.

163.120. State vocational rehabilitation agency. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 172, § 2; 1978, ch. 155, § 83, effective June 17, 1978; 1980, ch. 188, § 121, effective July 15, 1980; 1984, ch. 316, § 2, effective July 13, 1984; 1988, ch. 361, § 15, effective July 15, 1988) was repealed, reenacted and amended as KRS 151B.185 by Acts 1990, ch. 470, § 36, effective July 1, 1990, which prevailed over an amendment by Acts 1990, ch. 476, § 270, effective July 13, 1990.

163.130. Vocational rehabilitation services, persons entitled to receive. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 172, § 3; 1984, ch. 316, § 3, effective July 13, 1984) was repealed, reenacted and amended as KRS 151B.190 by Acts 1990, ch. 470, § 37, effective July 1, 1990, which prevailed over the repeal and reenactment of this section by Acts 1990, ch. 476, Pt. V, § 596, effective July 13, 1990.

163.140. Authority of state board for vocational-technical, adult education and vocational rehabilitation services. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 172, § 4; 1976, ch. 377, § 5; 1978, ch. 155, § 83, effective June 17, 1978; 1984, ch. 316, § 4, effective July 13, 1984) was repealed, reenacted and amended as KRS 151B.195 by Acts 1990, ch. 470, § 38, effective July 1, 1990 which prevailed over an amendment by Acts 1990, ch. 476, Pt. IV, § 271, effective July 13, 1990.

163.150. Business enterprise program for the blind. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 172, § 5; 1958, ch. 12, § 3; 1962, ch. 60) was repealed by Acts 1976, ch. 377, § 6.

163.160. Federal acts relating to vocational rehabilitation accepted. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 172, § 6, effective May 18, 1956; 1980, ch. 266, § 1, effective July 15, 1980; 1984, ch. 316, § 5, effective July 13, 1984) was repealed, reenacted and amended as KRS 151B.200 by Acts 1990, ch. 470, § 39, effective July 1, 1990 which prevailed over the repeal and reenactment of this section by Acts 1990, ch. 476, Pt. V, § 597, effective July 13, 1990.

163.170. State treasurer designated as custodian of funds; disbursements. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 172, § 7, effective May 18, 1956; 1984, ch. 316, § 6, effective July 13, 1984) was repealed, reenacted and amended as KRS 151B.205 by Acts 1990, ch. 470, § 40, effective July 1, 1990 which prevailed over an amendment by Acts 1990, ch. 476, Pt. IV, § 272, effective July 13, 1990.

163.180. Gifts may be received. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 172, § 8, effective May 18, 1956; 1978, ch. 155, § 83, effective June 17, 1978; 1980, ch. 188, § 122, effective July 15, 1980) was repealed, reenacted and amended as KRS 151B.210 by Acts 1990, ch. 470, § 41, effective July 1, 1990 which prevailed over an amendment by Acts 1990, ch. 476, Pt. IV, § 273, effective July 13, 1990.

163.220. Division of services for the blind. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 12, § 1) was repealed by Acts 1976, ch. 377, § 6.

163.230. Advisory committee for division of services for the blind. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 12, § 2) was repealed by Acts 1976, ch. 377, § 6.

163.240. Budget and appropriations for vocational rehabilitation services for the blind. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 12, § 4) was repealed by Acts 1976, ch. 377, § 6.

163.310. Title and intent of KRS 163.310 to 163.390. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 340, §§ 1, 2) was repealed by Acts 1976, ch. 363, § 13.

163.320. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 340, § 3) was repealed by Acts 1976, ch. 363, § 13.

163.330. Agent’s permit. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 340, § 4; 1974, ch. 315, § 18) was repealed by Acts 1976, ch. 363, § 13.

163.340. Proprietary school certificate of approval. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 340, § 5; 1974, ch. 315, § 19) was repealed by Acts 1976, ch. 363, § 13.

163.350. Fees; deposit. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 340, § 6) was repealed by Acts 1976, ch. 363, § 13.

163.360. Minimum standards; certificate of approval. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 340, § 8) was repealed by Acts 1976, ch. 363, § 13.

163.370. Revocation of agent’s permit and certificate of approval. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 340, § 9) was repealed by Acts 1976, ch. 363, § 13.

163.380. Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 340, § 10) was repealed by Acts 1976, ch. 363, § 13.

163.390. Certificate of approval; agent’s permit; time to comply. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 340, § 11) was repealed by Acts 1976, ch. 363, § 13.

Rehabilitation Services for the Blind and Visually Impaired

163.450. Purpose.

The purpose of KRS 163.450 to 163.470 is to provide for a separate and specialized agency for the blind to provide for and improve the rehabilitation of the blind and visually impaired citizens of the Commonwealth of Kentucky in order that they may increase their social and economic well-being and the productive capacity of the Commonwealth and the nation.

History. Enact. Acts 1976, ch. 377, § 1.

163.460. Definitions for chapter.

As used in this chapter unless the context otherwise requires:

  1. “Office” means the Office of Vocational Rehabilitation, or the duly authorized division within the Office of Vocational Rehabilitation;
  2. “Legally blind” means a visual acuity of 20/200 or less in the better eye with correction or a visual field of 20 degrees or less;
  3. “Visually impaired” means a condition of the eye with correction which constitutes or progressively results for the individual in a substantial disability to employment; and
  4. “Executive director” means the executive director of the Office of Vocational Rehabilitation or the director of the duly authorized division within the Office of Vocational Rehabilitation.

History. Enact. Acts 1976, ch. 377, § 2; 1982, ch. 353, § 1, effective July 15, 1982; 1994, ch. 49, § 1, effective July 15, 1994; 1994, ch. 405, § 31, effective July 15, 1994; 2006, ch. 211, § 92, effective July 12, 2006; 2019 ch. 146, § 32, effective June 27, 2019.

Legislative Research Commission Note.

(7/15/94). This section was amended by 1994 Ky. Acts chs. 49 and 405. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 405, which was last enacted by the General Assembly, prevails under KRS 446.250 .

163.470. Office for Vocational Rehabilitation responsible for services for the blind and visually impaired.

  1. The executive director shall be appointed by the secretary of the Education and Workforce Development Cabinet pursuant to KRS 12.050 .
  2. The office shall be the state agency responsible for all rehabilitation services for the blind and the visually impaired and other services as deemed necessary. The office shall be the agency authorized to expend all state and federal funds designated for rehabilitation services for the blind and visually impaired. The Office of the Secretary of the Education and Workforce Development Cabinet is authorized as the state agency to receive all state and federal funds and gifts and bequests for the benefit of rehabilitation services for the blind and visually impaired. The State Treasurer is designated as the custodian of all funds and shall make disbursements for rehabilitation purposes upon certification by the executive director.
  3. The office shall establish and implement policies and procedures for the carrying out of the program of services for the blind.
  4. At the close of each biennium, the office shall prepare a financial report and present it to the secretary of the Education and Workforce Development Cabinet and to the Governor. The biennial report shall be published. The biennial report shall also contain a precise review of the work of the office and contain necessary suggestions for improvement.
  5. The office shall coordinate its functions with other appropriate public and private agencies.
  6. The office shall perform all other duties as required of it by law.
  7. The executive director shall hire personnel as necessary to carry out the work of the office and the provisions of KRS 163.450 to 163.470 . Preference shall be given to hiring qualified blind persons.
  8. The Office of Vocational Rehabilitation shall provide intake and rehabilitation counseling services; distribute or sell technical educational and other aids to the blind; provide educational materials such as recorded texts, braille or large-type texts, or such other materials as may be deemed necessary for the education of the blind; research into the development of new technical aids for the blind, mobility training, work evaluation, personal adjustment, independent living, and other services as needed for blind adults, and services for the blind who have other disabilities; and promote employment of the blind in public and private sectors.
  9. There shall be established under the authority of the office, to be directed by a director appointed by the secretary pursuant to KRS 12.050 , the Division of Kentucky Business Enterprise. This division shall manage and supervise the Vending Facilities Program and license qualified blind persons as vendors. In connection therewith, the office shall be authorized to own or lease vending equipment for the operation of vending facilities in federal, state, private, and other buildings. The set-aside charges levied shall comply with the existing federal regulations as specified in 34 CFR 395.9. One (1) or more facility placement agents shall be employed to locate and establish additional vending facilities. The office shall make such surveys as may be deemed necessary to determine the vending facility opportunities for blind vendors in state buildings or on other property owned, leased, or otherwise occupied by the state government and shall install vending facilities in suitable locations on such property for the use of the blind. All of the net income from vending machines which are on the same property as a vending facility shall be paid to the blind vendor of the vending facility. Whenever there exists a conflict of interest between state agencies seeking to vend merchandise on the same state property, the agencies shall negotiate a fair agreement which shall protect the interest of both from unreasonable competition. The agreement shall be submitted to the custodial authority having jurisdiction over the property for approval. Provided, however, that in all situations the blind vendor shall be permitted to vend all items of merchandise customarily sold at similar vending facilities.
  10. The office, at all times, shall be authorized to provide industrial evaluation, training, and employment. The office shall provide staff services which shall include staff development and training, program development and evaluation, and other staff services as may be deemed necessary.
  11. The provisions of any other statute notwithstanding, the executive director is authorized to use receipt of funds from the Social Security reimbursement program for a direct service delivery staff incentive program. Incentives may be awarded if case service costs are reimbursed for job placement of Social Security or Supplemental Security Income recipients at the Substantial Gainful Activity (SGA) level for nine (9) months pursuant to 42 U.S.C. sec. 422 and under those conditions and criteria as are established by the federal reimbursement program.

History. Enact. Acts 1976, ch. 377, § 3; 1982, ch. 353, § 2, effective July 15, 1982; 1982, ch. 381, § 9, effective July 15, 1982; 1988, ch. 265, § 1, effective July 15, 1988; 1990, ch. 470, § 57, effective July 1, 1990; 1994, ch. 49, § 2, effective July 15, 1994; 1994, ch. 126, § 3, effective July 15, 1994; 1994, ch. 363, § 10, effective July 15, 1994; 1994, ch. 469, § 37, effective July 15, 1994; 1998, ch. 33, § 2, effective July 15, 1998; 2000, ch. 125, § 1, effective July 14, 2000; 2006, ch. 211, § 93, effective July 12, 2006; 2009, ch. 11, § 53, effective June 25, 2009; 2019 ch. 146, § 33, effective June 27, 2019.

Compiler’s Notes.

The Rehabilitation Act of 1973 referred to herein is compiled generally as 29 USCS § 701 et seq.

NOTES TO DECISIONS

1. Application.

By virtue of the provision of the state government vending facility program for blind vendors, subsection (11) of this section, and guided by federal law and regulations, authority for supervision and control of vending services operations must be deemed to reside in the state licensing agency and this supervisory authority includes a correlative right of product control; thus, state university could not extend to cola company an exclusive contract to sell its drink products on campus. Kentucky State Univ. v. Kentucky Dep't for the Blind, 923 S.W.2d 296, 1996 Ky. App. LEXIS 93 (Ky. Ct. App. 1996).

While provisions of the state government vending facility program for blind vendors did not prohibit state university from competing in any way with blind vendor in the area of food service, university was required to negotiate a fair agreement to protect blind vendor from unreasonable competition; this protection did not require extending to blind vendor a right of first refusal with every expansion of the university’s food service line. Kentucky State Univ. v. Kentucky Dep't for the Blind, 923 S.W.2d 296, 1996 Ky. App. LEXIS 93 (Ky. Ct. App. 1996).

With respect to whether experts fell within treating physician exception to requirement for written expert report disclosure, employees from Kentucky Office for the Blind could not be perfunctorily excluded from consideration merely because their statutorily imposed duties focused on providing assistive devices, mobility training and work evaluation services. Barnes v. CSXT Transp., Inc., 2017 U.S. Dist. LEXIS 53650 (W.D. Ky. Apr. 7, 2017).

Opinions of Attorney General.

Where the Bureau (now Department) for the Blind, pursuant to subsection (14) (now (11)) of this section, operates a concession stand within the Louisville post office, the concession operation is subject to audit by the auditor of public accounts pursuant to KRS 43.050(2)(a); since the state auditor has the responsibility for auditing the Bureau for the Blind, there is nothing in the statutes that would permit him to accept an audit of the concession stand done by a Bureau for the Blind employee. OAG 80-155 .

163.475. Legislative findings and provisions relating to transition of operation of Kentucky Industries for the Blind.

  1. The General Assembly finds that the provision of industrial evaluation, training, and employment opportunities for individuals who are blind or visually impaired is a valuable and necessary component of vocational rehabilitation services. The office has sole responsibility for and the obligation to operate and manage a Division of the Kentucky Industries for the Blind. This facility has struggled to meet these mandates but, faced with declining available state revenues, expects a continual diminishment to a submarginal operation with respect to providing viable long-term employment opportunities that are self-sustaining and sufficiently diversified for individuals who are blind or visually impaired.
  2. The General Assembly finds that increased flexibility in contract negotiation, purchasing, and hiring will enhance the competitiveness of the Kentucky Industries for the Blind, resulting in additional production contracts thereby guaranteeing continued and expanded jobs and other opportunities for individuals who are blind or visually impaired. This flexibility and competitiveness can be achieved through the operation of the Kentucky Industries for the Blind by a nonprofit corporation, the members of which have expertise in management skills and background pertaining to sound business practices and rehabilitation philosophy.
  3. The General Assembly finds that a transition period from state division to a nonprofit operation is necessary to ensure the success and continuation of the important functions of the Kentucky Industries for the Blind. Therefore, the General Assembly shall continue to support the Division of the Kentucky Industries for the Blind through appropriations to the office for six (6) years in order to eliminate eventually the necessity for annual state appropriations. The office shall monitor and safeguard the expenditure of those public moneys for the use and benefit of the Kentucky Industries for the Blind and citizens who are blind and visually impaired in the Commonwealth.
  4. The General Assembly finds that the continued employment of current employees of the Division of the Kentucky Industries for the Blind is a necessary and important outcome. The office shall ensure through contractual provisions that the nonprofit corporation it contracts with pursuant to KRS 163.480(2) offers employment to every employee of the Kentucky Industries for the Blind at the time the nonprofit corporation assumes total responsibility for the operation of the workshop. The office shall maximize the retirement benefits for each current employee of the Division of Kentucky Industries for the Blind at the time the office contracts for total operation by the nonprofit corporation through the parted employer provisions of KRS 61.510 to 61.705 .
  5. The General Assembly finds that at the time the Kentucky Industries for the Blind is operated totally by the nonprofit corporation, the office shall have the authority to convey ownership of the workshop to any nonprofit corporation with which it contracts pursuant to KRS 163.480(2) without financial consideration, including real and personal property, inventory of materials, and stores for resale. The instrument of conveyance to such nonprofit corporation shall provide that the real property and production equipment conveyed, or sufficient remuneration therefor, shall revert to the state at any time the nonprofit corporation or its successor shall cease operating the Kentucky Industries for the Blind for the benefit of individuals who are blind or visually impaired.

History. Enact. Acts 1994, ch. 126, § 1, effective July 15, 1994; 2006, ch. 211, § 94, effective July 12, 2006; 2019 ch. 146, § 34, effective June 27, 2019.

163.480. Office’s authority to contract with nonprofit corporation for employment services.

  1. The office may contract, to the extent funds are available under this chapter and under conditions and standards established by the office, with any nonprofit corporation able to provide expertise in the operation of workshops for and rehabilitation of individuals who are blind or visually impaired and whose objectives are to carry out the purposes of KRS 163.470(10).
  2. The office shall contract with a nonprofit corporation, effective July 1, 2000, to provide industrial evaluation, training, and employment opportunities for individuals who are blind or visually impaired.

History. Enact. Acts 1994, ch. 126, § 2, effective July 15, 1994; 2006, ch. 211, § 95, effective July 12, 2006; 2019 ch. 146, § 35, effective June 27, 2019.

Accessible Electronic Information

163.485. Legislative findings and declarations relating to accessible electronic information for the disabled.

The General Assembly finds and declares that:

  1. Approximately eight hundred seventy-four thousand (874,000) Kentuckians have disabilities and, of this number, approximately three hundred thousand (300,000) are blind or visually impaired or have other print impairments that prevent them from using conventional print material;
  2. Kentucky fulfills an important responsibility by providing books and magazines prepared in Braille, audio, and large-type formats to eligible blind and disabled persons;
  3. The technology, transcription methods, and means of distribution used for these materials are labor-intensive and cannot support rapid dissemination to individuals in rural and urban areas throughout the state;
  4. Lack of direct and prompt access to information included in newspapers, magazines, newsletters, schedules, announcements, and other time-sensitive materials limits educational, employment, and independent opportunities, literacy, and full participation in society by blind and disabled persons;
  5. This limitation can be overcome through the use of high-speed computer, radio, and telecommunications technology, combined with customized software, providing a practical cost-effective way to convert electronic text-based information into human or synthetic speech suitable for statewide distribution and accessible through radio, a touch-tone telephone, and modern telecommunications technology;
  6. Radio, telecommunications, and voice-based information systems are cost-efficient information delivery systems for this state;
  7. Federal funds have been used to develop the technology and infrastructure needed for statewide toll-free access to daily newspapers and other timely information of local, state, and national interests, providing an efficient and cost-effective means of reader registration, content acquisition, and intrastate telecommunications support; and
  8. Use of this accessible electronic information service will enhance Kentucky’s efforts to meet the needs of blind and disabled citizens for access to information that is otherwise available in print, thereby reducing isolation and supporting full integration and equal access for such individuals.

History. Enact. Acts 2004, ch. 129, § 1, effective July 13, 2004.

Legislative Research Commission Note.

(7/13/2004). 2004 Ky. Acts ch. 129, sec. 4, provides that 2004 Ky. Acts ch. 129, which creates KRS 163.485 , 163.487 , and 163.489 , is to be known as the Accessible Electronic Information Acts.

163.487. Definitions for KRS 163.485 to 163.489.

As used in KRS 163.485 to 163.489 , unless the context requires otherwise:

  1. “Accessible electronic information service” means news and other timely information, including but not limited to magazines, newsletters, schedules, announcements, and newspapers, provided to eligible individuals using high-speed computers, radios, and telecommunications technology for acquisition of content and rapid distribution in a form appropriate for use by those individuals; and
  2. “Blind and disabled persons” means those individuals who are eligible for library loan services through the Library of Congress and the office pursuant to 36 C.F.R. sec. 701.10(b).

History. Enact. Acts 2004, ch. 129, § 2, effective July 13, 2004; 2006, ch. 211, § 96, effective July 12, 2006; 2019 ch. 146, § 36, effective June 27, 2019.

163.489. Creation of Accessible Electronic Information Service Program — Access provided — Use of funding.

  1. The Accessible Electronic Information Service Program is created and shall be provided by the office. The program shall include:
    1. Intrastate access for eligible persons to read audio editions of newspapers, magazines, newsletters, schedules, announcements, and other information using a touch-tone telephone, radio, or other technologies that produce audio editions by use of computer; and
    2. A means of program administration and reader registration on the Internet, or by mail, telephone, or any other method providing consumer access.
  2. The program shall:
    1. Provide accessible electronic information services for all eligible blind and disabled persons as defined by KRS 163.487(2); and
    2. Make maximum use of available state, federal, and other funds by obtaining grants or in-kind support from appropriate programs and securing access to low-cost interstate rates for telecommunications by reimbursement or otherwise.
  3. The office shall review new technologies and current service programs in Kentucky for the blind and visually impaired that are available to expand audio communication if the office determines that these new technologies will expand access to consumers in a cost-efficient manner. The office may implement recommendations from the Statewide Council for Vocational Rehabilitation for improving the program.

History. Enact. Acts 2004, ch. 129, § 3, effective July 13, 2004; 2006, ch. 211, § 97, effective July 12, 2006; 2019 ch. 146, § 37, effective June 27, 2019.

Commission on Deaf and Hard of Hearing

163.500. Definitions of “deaf” and “hard of hearing.”

The “deaf” and “hard of hearing” are persons who have hearing disorders. They are people who cannot hear and understand speech clearly through the ear alone, with or without hearing aids.

History. Enact. Acts 1982, ch. 160, § 1, effective July 15, 1982; 1984, ch. 111, § 101, effective July 13, 1984; 1992, ch. 144, § 1, effective July 14, 1992.

163.505. Commission on the deaf and hearing impaired — Membership — Terms — Compensation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 160, § 2, effective July 15, 1982; 1988, ch. 263, § 1, effective July 15, 1988) was repealed by Acts 1990, ch. 68, § 3, effective July 13, 1990.

163.506. Commission on the Deaf and Hard of Hearing — Membership — Terms — Compensation.

  1. The Commission on the Deaf and Hard of Hearing shall consist of:
    1. Seven (7) members appointed by the Governor as follows:
      1. One (1) audiologist chosen from a list of three (3) names submitted by the Kentucky Speech and Hearing Association;
      2. Three (3) hard of hearing or deaf persons chosen from a list of six (6) names submitted by the Kentucky Association of the Deaf;
      3. One (1) deaf or hard of hearing person chosen from a list of three (3) names submitted by the Kentucky Chapter of the Alexander Graham Bell Association for the Deaf, the initial appointment to be for a one (1) year term;
      4. One (1) hard of hearing or deaf person chosen from a list of three (3) names submitted by the Kentucky members of Self Help for Hard of Hearing People, the initial appointment to be for a two (2) year term; and
      5. One (1) deaf, late-deafened, or hard of hearing person chosen from a list of three (3) names submitted by the American Association of Retired Persons, the initial appointment to be for a two (2) year term;
    2. One (1) representative of the Cabinet for Health and Family Services appointed by the secretary;
    3. The secretary of the Education and Workforce Development Cabinet or his designee;
    4. The president of the Kentucky Association for the Deaf or his designee;
    5. The president of the Kentucky Registry of Interpreters for the Deaf or his designee; and
    6. Three (3) persons appointed by the Commission on the Deaf and Hard of Hearing as constituted in subsections (1)(a) through (1)(e) of this section, appointed as follows:
      1. One (1) parent of a hard of hearing or deaf child;
      2. One (1) representative of a public or private organization providing consistent services to the deaf and hard of hearing; and
      3. One (1) member at large.
  2. All members shall serve three (3) year terms except state officials or their designees who shall serve during their terms of office. Of the members appointed pursuant to subsection (1)(a)2. through (1)(a)5. and subsection (1)(f) of this section, no more than three (3) of those members shall have terms beginning in the same year. Any person who is a member of the commission on July 13, 1990, shall serve until he resigns or until his term expires.
  3. Each member of the commission shall be reimbursed for his necessary travel and other expenses actually incurred in the discharge of his duties.

History. Enact. Acts 1990, ch. 68, § 1, effective July 13, 1990; 1992, ch. 144, § 2, effective July 14, 1992; 1994, ch. 209, § 15, effective July 15, 1994; 1998, ch. 32, § 1, effective July 15, 1998; 1998, ch. 426, § 119, effective July 15, 1998; 2005, ch. 99, § 23, effective June 20, 2005; 2006, ch. 211, § 98, effective July 12, 2006; 2009, ch. 11, § 54, effective June 25, 2009.

Legislative Research Commission Note.

(7/15/98). This section was amended by 1998 Ky. Acts chs. 32 and 426. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 426, which was last enacted by the General Assembly, prevails under KRS 446.250 .

163.510. Duties of commission.

  1. The commission shall advise the Governor and the General Assembly concerning policy and programs to enhance the quality and coordination of services for the deaf and hard of hearing.
  2. The commission shall cooperate with and assist local, state and federal governments and public and private agencies in the development of programs for the deaf and hard of hearing.
  3. The commission shall review legislative programs relating to services to deaf and hard of hearing persons and shall conduct studies of conditions affecting the health and welfare of the deaf and hard of hearing.
  4. The commission shall oversee the provision of interpreter services to the deaf and hard of hearing, and may provide services if necessary.

History. Enact. Acts 1982, ch. 160, § 3, effective July 15, 1982; 1992, ch. 144, § 3, effective July 14, 1992.

163.515. Executive director — Duties.

  1. The commission shall employ an executive director who shall serve at the pleasure of the commission. The executive director shall be familiar with the problems of the deaf and hard of hearing.
  2. Subject to the approval of the commission, the executive director shall:
    1. Employ clerical and other staff assistance;
    2. Prepare an annual report on the status of services to the deaf and hard of hearing;
    3. Promote the training of interpreters for the deaf and hard of hearing;
    4. Identify public and private agencies that provide services to the deaf and hard of hearing and cooperate in the coordination and development of these services;
    5. Survey the needs and compile a census of the deaf and hard of hearing.

History. Enact. Acts 1982, ch. 160, § 4, effective July 15, 1982; 1992, ch. 144, § 4, effective July 14, 1992.

163.520. Providing data to commission.

All departments, divisions, boards, bureaus, commissions, or agencies of state government shall provide the commission data necessary to carry out its duties under KRS 163.510 and 163.515 .

History. Enact. Acts 1982, ch. 160, § 5, effective July 15, 1982; 1990, ch. 68, § 2, effective July 13, 1990.

163.525. Telecommunications Access Program — Distribution of specialized telecommunications equipment — Authority for administrative regulations.

  1. As used in this section and KRS 163.527 :
    1. “Specialized telecommunications equipment” means devices such as, but not limited to, telecommunications devices for the deaf, amplified phones, loud ringers, visual alert signalers, tactile signalers, captioned telephones, and appropriate wireless devices; and
    2. “Telecommunications Access Program” means the program to furnish specialized telecommunications equipment to deaf, hard-of-hearing, and speech-impaired persons in order that they may have equal access to telecommunications services through the telecommunications relay service established pursuant to KRS 278.548 . The program shall include maintenance and repair of the equipment.
    1. On or before July 1, 1995, the Commission on the Deaf and Hard of Hearing shall establish a program to distribute specialized telecommunications equipment to any deaf, hard-of-hearing, or speech-impaired person qualified to receive the equipment pursuant to subsection (3) of this section. (2) (a) On or before July 1, 1995, the Commission on the Deaf and Hard of Hearing shall establish a program to distribute specialized telecommunications equipment to any deaf, hard-of-hearing, or speech-impaired person qualified to receive the equipment pursuant to subsection (3) of this section.
    2. Prior to the establishment of the Telecommunications Access Program, the Commission on the Deaf and Hard of Hearing shall initiate an investigation, conduct public hearings, and solicit the advice and counsel of deaf, hard-of-hearing, and speech-impaired persons and the organizations serving them.
    3. The Commission on the Deaf and Hard of Hearing may contract with any person, public, or private organization to provide part or all components of the Telecommunications Access Program, if applicable statutory procurement provisions are followed. The Commission on the Deaf and Hard of Hearing may use assistance from public agencies of the state or federal government or from private organizations to accomplish the purposes of this section. The Kentucky Commission on the Deaf and Hard of Hearing shall enter into memoranda of agreement with the Public Service Commission for coordination and oversight of funding and operations to meet the objectives of this section and KRS 278.5499 . The Commission on the Deaf and Hard of Hearing may also enter into memoranda of agreement with other state agencies to accomplish the purposes of this section.
  2. Factors to determine a person’s eligibility to receive specialized telecommunications equipment shall include, but not be limited to:
    1. Kentucky residency;
    2. Attainment of at least five (5) years of age; and
    3. Certification as deaf, hard of hearing, or severely speech-impaired by a licensed physician, audiologist, speech pathologist, advanced practice registered nurse, or by any other method recognized by the Commission on the Deaf and Hard of Hearing. Certification implies that the individual cannot use the telephone for communication without adaptive equipment.
  3. No more than one (1) piece of specialized telecommunications equipment shall be provided to a person qualified to receive the equipment pursuant to subsection (3) of this section. However, a malfunctioning piece of specialized telecommunications equipment originally distributed by the program may be returned for repair or replacement. The Commission on the Deaf and Hard of Hearing may prioritize distribution of the specialized telecommunications equipment on the basis of need.
  4. The Commission on the Deaf and Hard of Hearing shall establish procedures for application and distribution of specialized telecommunications equipment by the promulgation of administrative regulations in accordance with provisions of KRS Chapter 13A.

History. Enact. Acts 1994, ch. 237, § 5, effective July 15, 1994; 2006, ch. 23, § 1, effective July 12, 2006; 2010, ch. 85, § 70, effective July 15, 2010.

163.527. Annual report on Telecommunications Access Program.

The Commission on the Deaf and Hard of Hearing shall provide to the General Assembly an annual report on the operation of the Telecommunications Access Program. The report shall be due on July 1 of each year, beginning July 1, 1995, and, at a minimum, provide:

  1. The number of persons served and the number of pieces of specialized telecommunications equipment distributed;
  2. The revenues and expenditures of the program;
  3. Discussion of any major policy or operational issues;
  4. Any changes the commission plans to make in the program that does not require legislative action; and
  5. Any proposals for legislative changes in the program.

History. Enact. Acts 1994, ch. 237, § 6, effective July 15, 1994; 2006, ch. 23, § 2, effective July 12, 2006.

163.990. Penalty. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 340, § 7) was repealed by Acts 1976, ch. 363, § 13.

CHAPTER 164 State Universities and Colleges — Regional Education — Archaeology

164.001. Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

  1. “Administrator” means the chief executive officer of the institution;
  2. “Adult basic education” means instruction in mathematics, science, social studies, reading, language arts, and related areas to enable individuals to better function in society;
  3. “Benchmarks” means objective measures developed where applicable or practical by the Council on Postsecondary Education to judge the performance of the postsecondary education system and progress toward the goals as stated in KRS 164.003(2);
  4. “Board” or “governing board” means the board of trustees for the University of Kentucky or the University of Louisville, the board of regents for a comprehensive university, or the board of regents for the Kentucky Community and Technical College System;
  5. “Board of regents” means the governing board of each comprehensive university and the Kentucky Community and Technical College System;
  6. “Committee” means the Strategic Committee on Postsecondary Education created in KRS 164.004 ;
  7. “Comprehensive university” means the following public institutions: Eastern Kentucky University, Kentucky State University, Morehead State University, Murray State University, Northern Kentucky University, and Western Kentucky University;
  8. “Council” means the Council on Postsecondary Education created in KRS 164.011 ;
  9. “Customized training” means training in specific academic areas, work processes, or technical skills that are designed to serve a specific industry or industries to upgrade worker skills;
  10. “Goals” means the six (6) goals specified in KRS 164.003(2);
  11. “Independent institution” means a nonpublic postsecondary education institution in Kentucky whose instruction is not solely sectarian in nature, is accredited by a regional accrediting association recognized by the United States Department of Education, and is licensed by the Council on Postsecondary Education;
  12. “Institution” means a university, college, community college, health technology center, vocational-technical school, technical institute, technical college, technology center, or the Kentucky Community and Technical College System;
  13. “Kentucky Community and Technical College System” means the system composed of public community and technical colleges, including those postsecondary institutions operated by the former Cabinet for Workforce Development and those community colleges in the University of Kentucky Community College System on May 30, 1997.
  14. “Literacy” means an individual’s ability to read, write, and speak in English and compute and solve problems at levels of proficiency necessary to function on the job and in society to achieve one’s goals and develop one’s knowledge and potential;
  15. “Lower division academic course” means any academic course offered for college or university credit that is designated as a freshman or sophomore level academic course;
  16. “Nonteaching personnel” means any employee who is a full-time staff member, excluding a president, chancellor, vice president, academic dean, academic department chair, or administrator;
  17. “Postsecondary education system” means the following public institutions: University of Kentucky, University of Louisville, Eastern Kentucky University, Kentucky State University, Morehead State University, Murray State University, Northern Kentucky University, Western Kentucky University, and the Kentucky Community and Technical College System;
  18. “P-16 council” or “council of partners” means a local or state council that is composed of educators from public and private preschools, elementary, secondary, and postsecondary education institutions, local board of education members, and may include community and business representatives that have voluntarily organized themselves for the purpose of improving the alignment and quality of the education continuum from preschool through postsecondary education as well as student achievement at all levels;
  19. “Public” means operated with state support;
  20. “Relative” means a person’s father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, or daughter-in-law;
  21. “Remedial education” means any program, course, or activity that is designed specifically for students who have basic deficiencies in reading, written or oral communication, mathematics, study skills, or other skills necessary to do beginning postsecondary work as defined by the institution;
  22. “Standardized degree program” means a program, approved by the Council on Postsecondary Education, that consists of specific competencies, curriculum, and performance requirements regardless of the providing institution;
  23. “Strategic agenda” means the state strategic postsecondary education agenda described in KRS 164.0203 ;
  24. “Technical institution” means an educational institution that offers certificates, diplomas, or technical degrees in technical or occupational-related programs, including a facility called a vocational-technical school, technical institute, health technology center, technology center, technical college, or similar designation; and
  25. “Learning outcomes” means the knowledge, skills, and abilities that students have attained as a result of their involvement in a particular set of educational experiences.

The system also includes institutions created by the board of regents for the Kentucky Community and Technical College System and approved by the General Assembly;

History. Enact. Acts 1992, ch. 10, § 1, effective July 14, 1992; 1997 (1st Ex. Sess.), ch. 1, § 3, effective May 30, 1997; 2001, ch. 76, § 1, effective June 21, 2001; 2002, ch. 37, § 1, effective July 15, 2002; 2005, ch. 29, § 2, effective June 20, 2005; 2006, ch. 211, § 100, effective July 12, 2006; 2008, ch. 113, § 8, effective July 15, 2008; 2010, ch. 108, § 3, effective July 15, 2010.

164.002. Definitions for chapter.

As used in KRS Chapter 164, unless the context requires otherwise:

  1. “Advanced placement” or “AP” means a college-level course that incorporates all topics and instructional strategies specified by the College Board on its standard syllabus for a given subject area and is licensed by the College Board;
  2. “Cambridge Advanced International” means the Cambridge Advanced International Certificate of Education Diploma program, an international pre-university curriculum and examination system offered by Cambridge International Examinations at the University of Cambridge;
  3. “College Board Advanced Placement examination” means the advanced placement test administered by the College Entrance Examination Board;
  4. “College Board” means the College Entrance Examination Board, a national nonprofit association that provides college admission guidance and advanced placement examinations;
  5. “Dual credit” means a college-level course of study developed in accordance with KRS 164.098 in which a high school student receives credit from both the high school and postsecondary institution in which the student is enrolled upon completion of a single class or designated program of study, including participating in the Gatton Academy of Mathematics and Science in Kentucky or the Craft Academy for Excellence in Science and Mathematics;
  6. “Dual enrollment” means a college-level course of study developed in accordance with KRS 164.098 in which a student is enrolled in a high school and postsecondary institution simultaneously, including participating in the Gatton Academy of Mathematics and Science in Kentucky or the Craft Academy for Excellence in Science and Mathematics; and
  7. “International Baccalaureate” or “IB” means the International Baccalaureate Organization’s Diploma Programme, a comprehensive two (2) year program designed for highly motivated students.

History. Enact. Acts 2002, ch. 97, § 4, effective July 15, 2002; 2003, ch. 4, § 1, effective June 24, 2003; 2008, ch. 134, § 19, effective July 15, 2008; 2015 ch. 15, § 2, effective June 24, 2015; 2015 ch. 112, § 1, effective April 2, 2015.

Legislative Research Commission Notes.

(4/2/2015). 2015 Ky. Acts ch. 112, sec. 6 provides that the amendments made to this statute in Section 1 of that Act shall be applied retroactively beginning with the 2013-2014 academic year.

(6/24/2015). This statute was amended by 2015 Ky. Acts chs. 15 and 112, which do not appear to be in conflict and have been codified together.

164.003. Legislative findings and goals for achievement by 2020.

  1. The General Assembly hereby finds that:
    1. The general welfare and material well-being of citizens of the Commonwealth depend in large measure upon the development of a well-educated and highly trained workforce;
    2. The education and training of the current and future workforce of the Commonwealth can provide its businesses and industries with the competitive edge critical to their success in the global economy and must be improved to provide its citizens the opportunity to achieve a standard of living in excess of the national average; and
    3. The positive advancement of the welfare of the citizens of the Commonwealth through the transmission of knowledge can only be achieved by the incorporation of ethical standards, the historic American moral principles promoted by the nation’s Founding Fathers, into Kentucky public instruction, state educational training, and personal development of its teachers, students, and people, and affirms President George Washington’s statement in his September 19, 1796, farewell address: “Of all the dispositions and habits which lead to political prosperity, Religion and morality are indispensable.”
  2. The General Assembly declares on behalf of the people of the Commonwealth the following goals to be achieved by the year 2020:
    1. A seamless, integrated system of postsecondary education strategically planned and adequately funded to enhance economic development and quality of life;
    2. A major comprehensive research institution ranked nationally in the top twenty (20) public universities at the University of Kentucky;
    3. A premier, nationally recognized metropolitan research university at the University of Louisville;
    4. Comprehensive universities, with at least one (1) nationally recognized program of distinction or one (1) nationally recognized applied research program, working cooperatively with other postsecondary institutions to assure statewide access to baccalaureate and master’s degrees of a quality at or above the national average;
    5. A comprehensive community and technical college system with a mission that assures, in conjunction with other postsecondary institutions, access throughout the Commonwealth to a two (2) year course of general studies designed for transfer to a baccalaureate program, the training necessary to develop a workforce with the skills to meet the needs of new and existing industries, and remedial and continuing education to improve the employability of citizens; and
    6. An efficient, responsive, and coordinated system of providers that delivers educational services to all adult citizens in quantities and of a quality that is comparable to the national average or above and significantly elevates the level of education of the adults of the Commonwealth.
  3. The achievement of these goals will lead to the development of a society with a standard of living and quality of life that meets or exceeds the national average.
  4. The achievement of these goals will only be accomplished through increased educational attainment at all levels, and contributions to the quality of elementary and secondary education shall be a central responsibility of Kentucky’s postsecondary institutions.
  5. The furtherance of these goals is a lawful public purpose that can best be accomplished by a comprehensive system of postsecondary education with single points of accountability that ensure the coordination of programs and efficient use of resources.
  6. The Commonwealth further recognizes that Kentucky’s independent institutions offer rich and diverse postsecondary education choices throughout the state. Kentucky’s people are best served by a broad array of postsecondary education providers. This vital component of the system will be a full partner in the greater system of postsecondary education.

History. Enact. Acts 1997 (1st Ex. Sess.) ch. 1, § 2, effective May 30, 1997; 2000, ch. 526, § 2, effective July 14, 2000; Acts 2002, ch. 37, § 2, effective July 15, 2002; 2008, ch. 113, § 9, effective July 15, 2008.

Compiler’s Notes.

Section 1 of Acts 1997 (Ex. Sess.), ch. 1 read:

“This Act may be cited as the ‘Kentucky Postsecondary Education Improvement Act of 1997.’”

Research References and Practice Aids

Kentucky Law Journal.

Note, Manning, Insuring “Quality”: Restrictions on Legislative Control of Partner Benefits at Kentucky’s Public Universities,97 Ky. L.J. 333 (2008).

164.004. Strategic Committee on Postsecondary Education.

  1. The Strategic Committee on Postsecondary Education is hereby created and established. The committee shall be composed of members appointed by the Council on Postsecondary Education, the Governor, and the General Assembly. The council’s representatives shall consist of the chair of the council, the president of the council, and five (5) members of the council designated by the chair. The Governor’s representatives shall consist of the Governor and six (6) persons designated by the Governor. The General Assembly’s representatives shall consist of the President of the Senate, the Speaker of the House of Representatives, the Majority and Minority Floor Leaders of both chambers of the General Assembly, the minority caucus chair of each chamber, a member appointed by the President of the Senate, a member appointed by the Speaker of the House of Representatives, a member appointed by the Minority Floor Leader of the Senate, a member appointed by the Minority Floor Leader of the House of Representatives, and the chair of the Committee on Appropriations and Revenue of each chamber.
  2. The chair of the council shall serve as chair of the committee. The committee shall meet at least quarterly and at other times upon the written call of the chair or of majorities of any two (2) of the three (3) groups that compose the committee.
  3. Nonlegislative members of the committee shall serve without compensation but shall be reimbursed for their actual and necessary expenses, as set forth in KRS 12.070(5). Committee members who are Kentucky legislators shall be compensated for attendance at committee meetings from the legislative branch budget bill and as set forth in KRS 6.190 .
  4. The committee shall serve as a forum for the council and the elected leadership of the Commonwealth to exchange ideas about the future of postsecondary education in Kentucky.
  5. The council shall periodically review its strategic implementation plan for the strategic agenda under KRS 164.0203 and advise the committee of the actions necessary to meet the goals established in KRS 164.003(2). The elected leaders shall review and comment on the strategic agenda and the timetable for implementation.
  6. The Governor shall advise the committee about the financial condition of the Commonwealth and the probable funds the executive branch intends to recommend to the General Assembly to be appropriated for postsecondary education.
  7. The legislative members shall react to the comments of the council and the Governor.
  8. The council shall advise the committee about its opinion of how the postsecondary education funds projected to be available should be allocated based on priorities and projected resources. Nothing in this section shall be construed to infringe upon the Governor’s duty under KRS 48.100 to recommend appropriations to the General Assembly or upon the General Assembly’s power to make final appropriations in the enacted budget.
  9. The committee shall have the advisory authority not explicitly prohibited by law that is necessary to carry out and effectuate its advisory functions, duties, and responsibilities, including the following:
    1. Receive reports from the council on the development and implementation of the long-term strategic agenda, including biennial budget requests for postsecondary education and any subsequent and related budget requests;
    2. Review the council’s proposed objectives and benchmarks for the next fiscal biennium for furthering the Commonwealth’s achievement of the goals set out in KRS 164.003(2);
    3. Consider and advise the council on the general budget parameters regarding development of the postsecondary budget for the next fiscal biennium;
    4. Review biennial budget requests from the council for the next fiscal biennium including base funding, increases in base funding, and funding for a strategic investment and incentive funding program, including criteria to be used in allocating these funds to institutions;
    5. Receive from the council, at least annually and on a more frequent basis if requested by the committee, accountability reports, budget information, and other information the committee deems proper; and
    6. Serve as the search committee for the review and consideration of candidates to be presented to the council for the initial appointment to the position of president of the Council on Postsecondary Education. Each group of the committee shall have one (1) vote on the search committee. The vote of each group shall be determined by a majority of the members of that group.

History. Enact. Acts 1997 (1st Ex. Sess.) ch. 1, § 4, effective May 30, 1997.

164.005. Governor’s Postsecondary Education Nominating Committee — Membership — Terms — Duties.

  1. There is established the Governor’s Postsecondary Education Nominating Committee which shall consist of seven (7) members representing each of the Supreme Court districts who shall be appointed by the Governor with the consent of the House of Representatives and the Senate. If the General Assembly is not in session at the time of appointment, the consent of the General Assembly shall be obtained during the time the General Assembly next convenes.
    1. In order to be eligible to serve on the Governor’s Postsecondary Education Nominating Committee, a member at the time of appointment shall have no conflict of interest pursuant to KRS 45A.340 . In addition, no member shall have a relative employed by a public postsecondary institution, the Council on Postsecondary Education, the Kentucky Higher Education Assistance Authority, the Kentucky Higher Education Student Loan Corporation, or the Kentucky Authority for Educational Television during his or her tenure on the committee. No more than two (2) persons holding an undergraduate degree from the same institution of higher education shall be members of the committee. (2) (a) In order to be eligible to serve on the Governor’s Postsecondary Education Nominating Committee, a member at the time of appointment shall have no conflict of interest pursuant to KRS 45A.340 . In addition, no member shall have a relative employed by a public postsecondary institution, the Council on Postsecondary Education, the Kentucky Higher Education Assistance Authority, the Kentucky Higher Education Student Loan Corporation, or the Kentucky Authority for Educational Television during his or her tenure on the committee. No more than two (2) persons holding an undergraduate degree from the same institution of higher education shall be members of the committee.
    2. The Governor shall make the appointments so as to reflect, inasmuch as possible, equal representation of the two (2) sexes and no less than proportional representation of the two (2) leading political parties of the Commonwealth based on the state’s voter registration and to assure that appointments reflect the minority racial composition of the Commonwealth. In filling vacancies to the committee, the Governor shall act so as to provide, inasmuch as possible, equal representation of the two (2) sexes by appointing a member of the sex that is the lesser represented at the time of the appointment. If the remaining membership already has an equal number of males and females, the Governor may appoint a member of either sex.
    3. In selecting the members of the committee, the Governor shall solicit recommendations from each of the following:
      1. Advisory Conference of Presidents;
      2. Council on Postsecondary Education Student Advisory Committee;
      3. Associations representing faculty from universities, technical institutions, and community colleges;
      4. Associations representing university, technical institutions, and community college alumni;
      5. Postsecondary education advocacy groups;
      6. The Kentucky Board of Education;
      7. Associations representing business and civic interests; and
      8. Associations representing independent, nonprofit colleges and universities.
    1. Members of the committee representing Supreme Court districts shall serve six (6) year terms and until a successor is appointed, except the initial appointments shall be as follows: (3) (a) Members of the committee representing Supreme Court districts shall serve six (6) year terms and until a successor is appointed, except the initial appointments shall be as follows:
      1. Two (2) members shall serve a two (2) year term;
      2. Two (2) members shall serve a four (4) year term; and
      3. Three (3) members shall serve a six (6) year term.
    2. The terms of the original appointees shall expire on April 14 in the year designated for the term, and the terms of each member appointed thereafter shall begin on April 15. Appointments shall be submitted to the Senate and to the House of Representatives for confirmation by February 1 in each year that a regular session of the General Assembly convenes. Each appointment shall be consented to by both chambers in order for the person to be confirmed. At the first regular meeting of the committee each fiscal year, a chairperson shall be selected by the membership.
  2. The members of the committee may be reimbursed for actual and necessary expenditures incurred in the performance of their duties. The expenses of the committee shall be paid out of the appropriation for the Governor’s office.
    1. The committee shall be responsible for submitting three (3) nominations from which the Governor shall select each gubernatorial appointment to a university or Kentucky Community and Technical College System governing board made pursuant to KRS 164.131 , 164.321 , and 164.821 and to the Council on Postsecondary Education pursuant to KRS 164.011 . The committee shall not make recommendations for alumni, faculty, and staff appointments made pursuant to KRS 164.131 and 164.821 and the student appointments made pursuant to KRS 164.131, 164.321 , and 164.821. If more than one (1) equivalent gubernatorial appointment is being made to a governing board or the Council on Postsecondary Education at the same time, the committee shall submit a number of nominees equal to three (3) times the number of vacancies. The committee shall provide to the Governor, inasmuch as possible, an equal number of male and female nominees. If the Governor needs nominees of a particular sex in order to make an appointment, the committee shall only provide nominees of that sex. The Governor shall select the appointees from among the nominees. (5) (a) The committee shall be responsible for submitting three (3) nominations from which the Governor shall select each gubernatorial appointment to a university or Kentucky Community and Technical College System governing board made pursuant to KRS 164.131, 164.321, and 164.821 and to the Council on Postsecondary Education pursuant to KRS 164.011 . The committee shall not make recommendations for alumni, faculty, and staff appointments made pursuant to KRS 164.131 and 164.821 and the student appointments made pursuant to KRS 164.131, 164.321, and 164.821. If more than one (1) equivalent gubernatorial appointment is being made to a governing board or the Council on Postsecondary Education at the same time, the committee shall submit a number of nominees equal to three (3) times the number of vacancies. The committee shall provide to the Governor, inasmuch as possible, an equal number of male and female nominees. If the Governor needs nominees of a particular sex in order to make an appointment, the committee shall only provide nominees of that sex. The Governor shall select the appointees from among the nominees.
    2. The committee shall be responsible for submitting three (3) nominations from which the Governor shall select each gubernatorial appointment to the Kentucky Authority for Educational Television made pursuant to KRS 168.040 , the Kentucky Higher Education Assistance Authority pursuant to KRS 164.746 , and the Kentucky Higher Education Student Loan Corporation pursuant to KRS 164A.050 . If more than one (1) appointment is being made at the same time, the committee shall submit a number of nominees equal to three (3) times the number of vacancies. The Governor shall select the appointees from among the nominees.
    3. Nominations shall be made thirty (30) days prior to the expiration of a term or as soon as practicable following an unforeseen vacancy. The Governor shall make the appointment within sixty (60) days following receipt of the nominations. If the Governor does not make the appointment within sixty (60) days, the committee shall select one (1) of the nominees to serve.
  3. In making its nominations, the committee shall consider the needs of the respective institutions, locate potential appointees, review candidates’ qualifications and references, conduct interviews, and carry out other search and screening activities as necessary.
  4. The Governor’s office staff shall provide support services for the committee.

History. Enact. Acts 1992, ch. 10, § 3, effective February 20, 1992; 1994, ch. 91, § 1, effective March 22, 1994; 1994, ch. 447, § 3, effective April 11, 1994; 1996, ch. 362, § 6, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 71, effective May 30, 1997; 2003, ch. 56, § 1, effective June 24, 2003.

NOTES TO DECISIONS

1. Appointment.

In a declaratory action by unsuccessful nominees from an initial list, KRS 12.070(3) applied to the Governor’s appointment of members of a state university’s board of regents because the phrase “administrative boards and commissions,” while not defined in KRS 12.010 , could be construed pursuant to KRS 446.080 to include governing bodies of state universities. Galloway v. Fletcher, 241 S.W.3d 819, 2007 Ky. App. LEXIS 324 (Ky. Ct. App. 2007).

Although KRS 164.005(5)(a) could be interpreted to require the Governor to make an appointment from the first list of nominees, such a construction would require the first sentence of KRS 12.070(3) to be given no effect; thus, the Governor properly made an appointment from the third list submitted. Galloway v. Fletcher, 241 S.W.3d 819, 2007 Ky. App. LEXIS 324 (Ky. Ct. App. 2007).

Research References and Practice Aids

Kentucky Bench & Bar.

Lear and Fleenor, Board and Commission Appointments: Executive Power — With Limits, Vol. 72, No. 4, July 2008, Ky. Bench & Bar 23.

164.0053. Prohibited appointments — Ineligibility to serve on council or governing board — Conflicts of interest.

  1. No appointing authority shall appoint himself or his spouse, or the Governor or his spouse, to a governing board of a postsecondary institution created pursuant to KRS 164.131 , 164.321 , or 164.821 , or to the Council on Postsecondary Education created pursuant to KRS 164.011 .
  2. No full-time employee of a public institution of postsecondary education shall be eligible to serve on the Council on Postsecondary Education or on the governing board of another institution of postsecondary education, except the community and technical college faculty and nonteaching personnel serving on the board of regents for the Kentucky Community and Technical College System, and except the faculty member appointed under KRS 164.011(3).
  3. No postsecondary institution shall award an honorary degree to a sitting governor.
  4. All governing board members created pursuant to KRS 164.131 , 164.321 , and 164.821 and the members of the Council on Postsecondary Education shall have no conflict of interest pursuant to KRS 45A.340 , except for compensation paid to faculty, staff, or student members.

History. Enact. Acts 1992, ch. 10, § 8, effective July 1, 1992; 1997 (1st Ex. Sess.), ch. 1, § 72, effective May 30, 1997.

164.0057. Status as successor boards.

The boards created pursuant to KRS 164.131 , 164.321 , and 164.821 shall be successor boards to those established pursuant to KRS 164.130 , 164.320 , and 164.820 and shall assure continuance of all legal and contractual rights, functions, duties, and liabilities, including, but not limited to, those associated with outstanding bonds.

History. Enact. Acts 1992, ch. 10, § 9, effective July 1, 1992.

164.006. Legislative findings. [Repealed and reenacted.]

History. Enact. Acts 1994, ch. 487, § 1, effective July 15, 1994; repealed and reenact., Acts 2006, ch. 211, § 167, effective July 12, 2006; repealed and reenacted by 2019 ch. 146, was repealed and amended as KRS 151B.401 by Acts 2019, ch. 146, § 38, effective June 27, 2019.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.400 .

164.0062. Legislative findings relating to need for High School Equivalency Diplomas — Incentives — Administrative regulations — Learning contracts — Tuition discounts — Tax credit for employers. [Repealed, reenacted and amended.]

History. Enact. Acts 2000, ch. 526, § 12, effective July 14, 2000; 2006, ch. 211, § 37, effective July 12, 2006; 2006 (1st Ex. Sess.), ch. 2, § 38, effective June 28, 2006; repealed and reenact. Acts 2013, ch. 59, § 33, effective June 25, 2013; 2017 ch. 63, § 2, effective June 29, 2017; 2019 ch. 146, was repealed and amended as KRS 151B.402 by Acts 2019, ch. 146, § 39, effective June 27, 2019.

Compiler’s Notes.

This section was former compiled as KRS 151B.127 .

Legislative Research Commission Notes.

(6/28/2006). 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 73, provides that “unless a provision of this Act specifically applies to an earlier tax year, the provisions of this Act shall apply to taxable years beginning on or after January 1, 2007.”

164.0064. Adult education programs aligned with federal college and career readiness standards — High School Equivalency Diploma — Programs and examinations — Previously issued equivalency or external diploma to be considered High School Equivalency Diploma — Validity of diplomas after changes in test selection. [Repealed, reenacted and amended.]

HISTORY: Enact. Acts 1972, ch. 192, § 1; 1986, ch. 311, § 1, effective July 15, 1986; 1988, ch. 361, § 12, effective July 15, 1988; repealed, reenact. and amend. Acts 1990, ch. 470, § 23, effective July 1, 1990; 1990, 476, § 167; 1994, ch. 363, § 6, effective July 15, 1994; 1994, ch. 469, § 23, effective July 15, 1994; 1996, ch. 145, § 1, effective July 15, 1996; 1998, ch. 63, § 2, effective July 15, 1998; 2003, ch. 29, § 13, effective June 24, 2003; 2006, ch. 211, § 36, effective July 12, 2006; repealed and reenact., Acts 2013, ch. 59, § 32, effective June 25, 2013; 2017 ch. 63, § 1, effective June 29, 2017; 2019 ch. 146, was repealed and amended as KRS 151B.403 by Acts 2019, ch. 146, § 40, effective June 27, 2019.

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 192, § 1; 1986, ch. 311, § 1, effective July 15, 1986; 1988, ch. 361, § 12, effective July 15, 1988) was formerly compiled as KRS 156.485 and was repealed, reenacted and amended as this section by Acts 1990, ch. 470, § 23, effective July 1, 1990.

This section was former compiled as KRS 151B.125 .

Legislative Research Commission Notes.

(7/15/94). This section was amended by 1994 Ky. Acts chs. 363 and 469. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 469, which was last enacted by the General Assembly, prevails under KRS 446.250 .

(7/13/90). This section was amended by two 1990 Acts which are in conflict. Pursuant to KRS 446.250 , the Act which was last enacted by the General Assembly prevails.

164.007. Definitions. [Repealed, reenacted and amended.]

History. Enact. Acts 1994, ch. 487, § 2, effective July 15, 1994; 2000, ch. 526, § 9, effective July 14, 2000; repealed and reenact., Acts 2006, ch. 211, § 168, effective July 12, 2006; 2013, ch. 59, § 36, effective June 25, 2013; 2019 ch. 146, was repealed and amended as KRS 151B.404 by Acts 2019, ch. 146, § 41, effective June 27, 2019.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.405 .

Legislative Research Commission Note.

(7/12/2006). This statute defines terms for a range of statutes, KRS 151B.400 to 151B.410 . Under 2006 Ky. Acts ch. 211, §§ 167 and 168, two of the three KRS sections within that range were repealed, reenacted, and given new KRS numbers. KRS 151B.400 has been renumbered as KRS 164.006 , and KRS 151B.405 has been renumbered as KRS 164.007 .

164.010. Council on Higher Education — Membership — Terms. [Repealed.]

Compiler’s Notes.

This section (4527-1 to 4527-3; amend. Acts 1952, ch. 41, § 5; 1962, ch. 129, § 1; 1966, ch. 6, § 1; 1972, ch. 39, § 1; 1978, ch. 155, § 105, effective June 17, 1978; 1980, ch. 10, § 1, effective July 15, 1980; 1982, ch. 379, § 3, effective April 9, 1982; 1990, ch. 15, § 1, effective July 13, 1990; 1990, ch. 504, § 1, effective July 13, 1990; 1990, ch. 518, § 9, effective July 13, 1990) was repealed by Acts 1992, ch. 10, § 21, effective July 1, 1992.

Legislative Research Commission Note.

(7/14/92). This section was amended by the 1992 Regular Session of the General Assembly and also repealed. Pursuant to KRS 446.260 , the repeal prevails.

Council on Postsecondary Education

164.011. Council on Postsecondary Education — Membership — Terms — Meetings.

  1. There is hereby created and established a Council on Postsecondary Education in Kentucky as an agency, instrumentality, and political subdivision of the Commonwealth and a public body corporate and politic having all powers, duties, and responsibilities as are provided to it by law, appointed for a term set by law pursuant to Section 23 of the Constitution of Kentucky. The council shall be composed of the commissioner of education, a faculty member, a student member, and thirteen (13) citizen members appointed by the Governor. The citizen members shall be confirmed by the Senate under KRS 11.160 , and the commissioner of education shall serve as a nonvoting ex officio member. Citizen council members shall be selected from a list of nominees provided to the Governor under the nominating process set forth in KRS 164.005 . If the General Assembly is not in session at the time of the appointment, persons appointed shall serve prior to confirmation, but the Governor shall seek the consent of the Senate at the next regular session or at an intervening extraordinary session if the matter is included in the call of the General Assembly.
  2. By no later than thirty (30) days after May 30, 1997, the Governor’s Postsecondary Education Nominating Committee shall submit nominations to the Governor as set forth in KRS 164.005 . On making appointments to the council, the Governor shallensure broad geographical and political representation; ensure equal representation of the two (2) sexes, inasmuch as possible; ensure no less than proportional representation of the two (2) leading political parties of the Commonwealth based on the state’s voter registration and the political affiliation of each appointee as of December 31 of the year preceding the date of his or her appointment; and ensure that appointments reflect the minority racial composition of the Commonwealth based on the total minority racial population using the most recent census or estimate data from the United States Census Bureau. If the determination of proportional minority representation does not result in a whole number of minority members, it shall be rounded up to the next whole number. A particular political affiliation shall not be a prerequisite to appointment to the council generally; however, if any person is appointed to the council that does not represent either of the two (2) leading political parties of the Commonwealth, the proportional representation by political affiliation requirement shall be determined and satisfied based on the total number of members on the council less any members not affiliated with either of the two (2) leading political parties. In filling vacancies to the council, the Governor shall act so as to provide, inasmuch as possible, equal representation of the two (2) sexes by appointing a member of the sex that is the lesser represented at the time of the appointment. If the remaining membership already has an equal number of males and females, the Governor may appoint a member of either sex. No more than two (2) members of the council shall hold an undergraduate degree from any one (1) Kentucky university, and no more than three (3) voting members of the council shall reside in any one (1) judicial district of the Kentucky Supreme Court as of the date of the appointment. However, change in residency after the date of appointment shall not affect the ability to serve.
  3. One (1) member shall be a full-time faculty member employed at a state institution of postsecondary education. The faculty member shall be appointed to a four (4) year term by the Governor from a list of three (3) nominees selected and submitted by majority vote of the ten (10) faculty members who serve as faculty representatives of the boards of trustees and boards of regents of the nine (9) postsecondary education institutions.
  4. One (1) member shall be enrolled as a full-time student at a state institution of postsecondary education and shall be selected annually in the following manner: not later than June 1 of each year the eight (8) student body presidents of the four (4) year state public institutions of higher education, the two (2) student members to the Kentucky Community and Technical College System, and one (1) student body president representing the members of the Association of Independent Kentucky Colleges and Universities shall elect by majority vote three (3) nominees to submit to the Governor. From this list of nominees, the Governor shall appoint a student member.
  5. In filling any vacancies, the Governor shall ensure the continuing representation upon the council of the broad constituencies as set forth in subsection (2) of this section. Vacancies on the council shall be filled for the unexpired term in accordance with the procedures established for the original appointments.
  6. Each citizen member shall serve a term of six (6) years unless removed by the Governor for cause, except the initial appointments shall be as follows:
    1. Two (2) appointments shall expire December 31, 1997;
    2. Three (3) appointments shall expire December 31, 1998;
    3. Two (2) appointments shall expire December 31, 1999;
    4. Two (2) appointments shall expire December 31, 2000;
    5. Two (2) appointments shall expire December 31, 2001; and
    6. Two (2) appointments shall expire December 31, 2002.
  7. Any person, other than the chief state school officer, holding either an elective or appointive state office or who is a member of the governing board of any state university in Kentucky, shall be ineligible for membership or appointment on the council during his term.
  8. The members of the council shall elect the chair and the vice chair of the council from among the council’s membership, and the chair and vice chair shall serve at the pleasure of the council. The vice chair shall serve as chair in the absence of the chair.
  9. The council shall meet at least quarterly and at other times upon the call of the chair or a majority of the council.
  10. A quorum shall be a majority of the appointive membership of the council.
  11. A quorum shall be required to organize and conduct the business of the council, except that an affirmative vote of eight (8) or more appointive members of the entire council shall be required to dismiss from employment the president of the council, and to adopt or amend the state strategic postsecondary education agenda.
  12. New appointees to the council shall not serve more than two (2) consecutive terms.
  13. New appointees to the council shall complete an orientation and education program set forth in KRS 164.020(25) to be eligible for appointment to a second term.

History. Enact. Acts 1992, ch. 10, § 7, effective July 1, 1992; 1994, ch. 5, § 1, effective July 15, 1994; 1997 (1st Ex. Sess.), ch. 1, § 73, effective May 30, 1997; 2013, ch. 124, § 5, effective June 25, 2013; 2016 ch. 136, § 1, effective July 15, 2016; 2017 ch. 101, § 2, effective March 21, 2017.

Compiler’s Notes.

Section 22 of Acts 1993, ch. 10 provided:

“This section shall prevail over any conflicting provision of this Act. Effective July 1, 1992, all university governing boards established pursuant to KRS 164.130 (repealed), 164.320 (repealed), and 164.820 (repealed) and the Council on Higher Education established pursuant to KRS 164.010 shall be abolished and the terms of members serving on the boards and the council on June 30, 1992, shall be terminated. Members who serve on a university governing board on that date as a faculty, staff, alumni, or student member shall be appointed to their respective, newly-created boards to serve as those representatives for a term set pursuant to Section 4, 5, or 6 of the Act, except the terms of the faculty members of each board established in Sections 4 and 5 shall be until the expiration of the term for which they were elected to serve on the board pursuant to KRS 164.130 (repealed) and 164.320 (repealed). All other gubernatorial appointments to the university governing boards and the Council on Higher Education established pursuant to Sections 4, 5, 6, and 7 of this Act shall be made in accordance with the procedure established in Section 3, except as follows:

“(1) ***

“(4) In making the initial gubernatorial appointments to the Council on Higher Education established in Section 7 of this Act, the Governor shall consider the sixteen (16) lay members serving on June 30, 1992, and thirty-two (32) names submitted by the Nominating Committee. Of the sixteen (16) appointments, the Governor shall appoint eight (8) members who served on June 30, 1992, to the newly-created council.”

Section 153 of Acts 1997 (Ex. Sess.), ch. 1 read:

“The terms of the existing members of the Council on Higher Education shall terminate as of the effective date of this Act [May 30, 1997], but they shall continue to serve until the membership of the Council on Postsecondary Education created by Section 73 of this Act [this section] is appointed by the Governor. All appropriations, records, resources, and other materials of the Council on Higher Education are transferred to its successor ageny, the Council on Postsecondary Education as of the effective date of this Act [May 30, 1997].”

NOTES TO DECISIONS

1. Appointment.

Trial court erred in dismissing an appointed Council on Postsecondary Education member’s declaratory action that claimed appointment of a nominee when the general assembly was not in session was invalid, because Ky. Const. § 93 was ambiguous and language permitting the senate to confirm nominees led to a strong presumption that the house was intentionally excluded from the confirmation process. Fox v. Grayson, 317 S.W.3d 1, 2010 Ky. LEXIS 88 ( Ky. 2010 ).

164.013. President of council — Selection — Appointment — Powers and duties — Salary — Term — Transfer of personnel positions.

  1. The Council on Postsecondary Education shall set the qualifications for the position of president of the council. Except for the first president appointed under subsection (2) of this section, the council may employ a search firm and conduct a nationwide search for candidates. Any search firm employed by the council shall consider, interview, and propose three (3) or more candidates for the position of president. The council may seek additional names from the search firm or from other sources.
  2. In the selection of candidates for the first president of the Council on Postsecondary Education, the Strategic Committee on Postsecondary Education shall serve as a search committee, employing a search firm for assistance. The committee shall recommend three (3) candidates to be considered by the council and shall repeat this process until it finds a satisfactory person to appoint as the first president of the council.
  3. The president shall possess an excellent academic and administrative background, have strong communication skills, have significant experience and an established reputation as a professional in the field of postsecondary education, and shall not express, demonstrate, or appear to have an institutional or regional bias in his or her actions.
  4. The president shall be the primary advocate for postsecondary education and advisor to the Governor and the General Assembly on matters of postsecondary education in Kentucky. As the primary advocate for postsecondary education, the president shall work closely with the committee and the elected leadership of the Commonwealth to ensure that they are fully informed about postsecondary education issues and that the council fully understands the goals for postsecondary education that the General Assembly has established in KRS 164.003(2).
  5. The president may design and develop for review by the council new statewide initiatives in accordance with the strategic agenda.
    1. The council shall set the salary of  the president at an amount no greater  than the salary the president was receiving on January 1, 2012. (6) (a) The council shall set the salary of  the president at an amount no greater  than the salary the president was receiving on January 1, 2012.
    2. The salary of the president shall be exempt  from state employee salary limitations as set forth in KRS 64.640 .
  6. The president shall be accorded a contract to serve for a term not to exceed five (5) years, which is renewable at the pleasure of the council.
  7. The president shall determine the staffing positions and organizational structure necessary to carry out the responsibilities of the council and may employ staff. All personnel positions of the Council on Higher Education, as of May 30, 1997, with the exception of the position of executive director, shall be transferred to the Council on Postsecondary Education. All personnel shall be transferred at the same salary and benefit levels. Notwithstanding the provisions of KRS 11A.040 , any person employed by the Council on Higher Education prior to May 30, 1997, may accept immediate employment with any governmental entity or any postsecondary education organization or institution in the Commonwealth and may carry out the employment duties assigned by that entity, organization, or institution.
  8. The president shall be responsible for the day-to-day operations of the council and shall report and submit annual reports on the strategic implementation plan of the strategic agenda, carry out policy and program directives of the council, prepare and submit to the council for its approval the proposed budget of the council, and perform all other duties and responsibilities assigned by state law.
  9. With approval of the council, the president may enter into agreements with any state agency or political subdivision of the state, any state postsecondary education institution, or any other person or entity to enlist staff assistance to implement the duties and responsibilities under KRS 164.020 .
  10. The president shall be reimbursed for all actual and necessary expenses incurred in the performance of all assigned duties and responsibilities.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 5, effective May 30, 1997; 2018 ch. 122, § 1, effective July 14, 2018; 2018 ch. 171, § 15, effective July 14, 2018; 2018 ch. 207, § 15, effective April 27, 2018.

Legislative Research Commission Notes.

(7/14/2018). This statute was amended by 2018 Ky. Acts chs. 122, 171, and 207, which do not appear to be in conflict and have been codified together.

(4/27/2018). This statute was amended by 2018 Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.

Opinions of Attorney General.

The Council on Postsecondary Education violated KRS 164.013 by failing to engage a search firm and conduct a national search prior to hiring its interim president as a permanent president. The use of the term “shall” in a statute is “mandatory”; if the General Assembly had thought it best to allow the Council the discretion to conduct a search without a professional search firm or to refrain from engaging in a nationwide search, it would have used the term “may.” OAG 2008-02 .

164.020. Powers and duties of council.

The Council on Postsecondary Education in Kentucky shall:

  1. Develop and implement the strategic agenda with the advice and counsel of the Strategic Committee on Postsecondary Education. The council shall provide for and direct the planning process and subsequent strategic implementation plans based on the strategic agenda as provided in KRS 164.0203 ;
  2. Revise the strategic agenda and strategic implementation plan with the advice and counsel of the committee as set forth in KRS 164.004 ;
  3. Develop a system of public accountability related to the strategic agenda by evaluating the performance and effectiveness of the state’s postsecondary system. The council shall prepare a report in conjunction with the accountability reporting described in KRS 164.095 , which shall be submitted to the committee, the Governor, and the General Assembly by December 1 annually. This report shall include a description of contributions by postsecondary institutions to the quality of elementary and secondary education in the Commonwealth;
  4. Review, revise, and approve the missions of the state’s universities and the Kentucky Community and Technical College System. The Council on Postsecondary Education shall have the final authority to determine the compliance of postsecondary institutions with their academic, service, and research missions;
  5. Establish and ensure that all postsecondary institutions in Kentucky cooperatively provide for an integrated system of postsecondary education. The council shall guard against inappropriate and unnecessary conflict and duplication by promoting transferability of credits and easy access of information among institutions;
  6. Engage in analyses and research to determine the overall needs of postsecondary education and adult education in the Commonwealth;
  7. Develop plans that may be required by federal legislation. The council shall for all purposes of federal legislation relating to planning be considered the “single state agency” as that term may be used in federal legislation. When federal legislation requires additional representation on any “single state agency,” the Council on Postsecondary Education shall establish advisory groups necessary to satisfy federal legislative or regulatory guidelines;
    1. Determine tuition and approve the minimum qualifications for admission to the state postsecondary educational system. In defining residency, the council shall classify a student as having Kentucky residency if the student met the residency requirements at the beginning of his or her last year in high school and enters a Kentucky postsecondary education institution within two (2) years of high school graduation. In determining the tuition for non-Kentucky residents, the council shall consider the fees required of Kentucky students by institutions in adjoining states, the resident fees charged by other states, the total actual per student cost of training in the institutions for which the fees are being determined, and the ratios of Kentucky students to non-Kentucky students comprising the enrollments of the respective institutions, and other factors the council may in its sole discretion deem pertinent, except that the Kentucky Community and Technical College System may assess a mandatory student fee not to exceed eight dollars ($8) per credit hour to be used exclusively for debt service on amounts not to exceed seventy-five percent (75%) of the total projects cost of the Kentucky Community and Technical College System agency bond projects included in 2014 Ky. Acts ch. 117, Part II, J., 11. (8) (a) Determine tuition and approve the minimum qualifications for admission to the state postsecondary educational system. In defining residency, the council shall classify a student as having Kentucky residency if the student met the residency requirements at the beginning of his or her last year in high school and enters a Kentucky postsecondary education institution within two (2) years of high school graduation. In determining the tuition for non-Kentucky residents, the council shall consider the fees required of Kentucky students by institutions in adjoining states, the resident fees charged by other states, the total actual per student cost of training in the institutions for which the fees are being determined, and the ratios of Kentucky students to non-Kentucky students comprising the enrollments of the respective institutions, and other factors the council may in its sole discretion deem pertinent, except that the Kentucky Community and Technical College System may assess a mandatory student fee not to exceed eight dollars ($8) per credit hour to be used exclusively for debt service on amounts not to exceed seventy-five percent (75%) of the total projects cost of the Kentucky Community and Technical College System agency bond projects included in 2014 Ky. Acts ch. 117, Part II, J., 11.
    2. The Kentucky Community and Technical College System mandatory fee established in this subsection shall only be used for debt service on agency bond projects.
    3. Any fee established as provided by this subsection shall cease to be assessed upon the retirement of the project bonds for which it services debt.
    4. Prior to the issuance of any bonds, the Kentucky Community and Technical College System shall certify in writing to the secretary of the Finance and Administration Cabinet that sufficient funds have been raised to meet the local match equivalent to twenty-five percent (25%) of the total project cost;
  8. Devise, establish, and periodically review and revise policies to be used in making recommendations to the Governor for consideration in developing recommendations to the General Assembly for appropriations to the universities, the Kentucky Community and Technical College System, and to support strategies for persons to maintain necessary levels of literacy throughout their lifetimes. The council has sole discretion, with advice of the Strategic Committee on Postsecondary Education and the executive officers of the postsecondary education system, to devise policies that provide for allocation of funds among the universities and the Kentucky Community and Technical College System;
  9. Lead and provide staff support for the biennial budget process as provided under KRS Chapter 48, in cooperation with the committee;
    1. Except as provided in paragraph (b) of this subsection, review and approve all capital construction projects covered by KRS 45.750(1)(f), including real property acquisitions, and regardless of the source of funding for projects or acquisitions. Approval of capital projects and real property acquisitions shall be on a basis consistent with the strategic agenda and the mission of the respective universities and the Kentucky Community and Technical College System. (11) (a) Except as provided in paragraph (b) of this subsection, review and approve all capital construction projects covered by KRS 45.750(1)(f), including real property acquisitions, and regardless of the source of funding for projects or acquisitions. Approval of capital projects and real property acquisitions shall be on a basis consistent with the strategic agenda and the mission of the respective universities and the Kentucky Community and Technical College System.
    2. The organized groups that are establishing community college satellites as branches of existing community colleges in the counties of Laurel, Leslie, and Muhlenberg, and that have substantially obtained cash, pledges, real property, or other commitments to build the satellite at no cost to the Commonwealth, other than operating costs that shall be paid as part of the operating budget of the main community college of which the satellite is a branch, are authorized to begin construction of the satellite on or after January 1, 1998;
  10. Require reports from the executive officer of each institution it deems necessary for the effectual performance of its duties;
  11. Ensure that the state postsecondary system does not unnecessarily duplicate services and programs provided by private postsecondary institutions and shall promote maximum cooperation between the state postsecondary system and private postsecondary institutions. Receive and consider an annual report prepared by the Association of Independent Kentucky Colleges and Universities stating the condition of independent institutions, listing opportunities for more collaboration between the state and independent institutions and other information as appropriate;
  12. Establish course credit, transfer, and degree components as required in KRS 164.2951 ;
  13. Define and approve the offering of all postsecondary education technical, associate, baccalaureate, graduate, and professional degree, certificate, or diploma programs in the public postsecondary education institutions. The council shall expedite wherever possible the approval of requests from the Kentucky Community and Technical College System board of regents relating to new certificate, diploma, technical, or associate degree programs of a vocational-technical and occupational nature. Without the consent of the General Assembly, the council shall not abolish or limit the total enrollment of the general program offered at any community college to meet the goal of reasonable access throughout the Commonwealth to a two (2) year course of general studies designed for transfer to a baccalaureate program. This does not restrict or limit the authority of the council, as set forth in this section, to eliminate or make changes in individual programs within that general program;
  14. Eliminate, in its discretion, existing programs or make any changes in existing academic programs at the state’s postsecondary educational institutions, taking into consideration these criteria:
    1. Consistency with the institution’s mission and the strategic agenda;
    2. Alignment with the priorities in the strategic implementation plan for achieving the strategic agenda;
    3. Elimination of unnecessary duplication of programs within and among institutions; and
    4. Efforts to create cooperative programs with other institutions through traditional means, or by use of distance learning technology and electronic resources, to achieve effective and efficient program delivery;
  15. Ensure the governing board and faculty of all postsecondary education institutions are committed to providing instruction free of discrimination against students who hold political views and opinions contrary to those of the governing board and faculty;
  16. Review proposals and make recommendations to the Governor regarding the establishment of new public community colleges, technical institutions, and new four (4) year colleges;
  17. Postpone the approval of any new program at a state postsecondary educational institution, unless the institution has met its equal educational opportunity goals, as established by the council. In accordance with administrative regulations promulgated by the council, those institutions not meeting the goals shall be able to obtain a temporary waiver, if the institution has made substantial progress toward meeting its equal educational opportunity goals;
  18. Ensure the coordination, transferability, and connectivity of technology among postsecondary institutions in the Commonwealth including the development and implementation of a technology plan as a component of the strategic agenda;
  19. Approve the teacher education programs in the public institutions that comply with standards established by the Education Professional Standards Board pursuant to KRS 161.028 ;
  20. Constitute the representative agency of the Commonwealth in all matters of postsecondary education of a general and statewide nature which are not otherwise delegated to one (1) or more institutions of postsecondary learning. The responsibility may be exercised through appropriate contractual relationships with individuals or agencies located within or without the Commonwealth. The authority includes but is not limited to contractual arrangements for programs of research, specialized training, and cultural enrichment;
  21. Maintain procedures for the approval of a designated receiver to provide for the maintenance of student records of the public institutions of higher education and the colleges as defined in KRS 164.945 , and institutions operating pursuant to KRS 165A.310 which offer collegiate level courses for academic credit, which cease to operate. Procedures shall include assurances that, upon proper request, subject to federal and state laws and regulations, copies of student records shall be made available within a reasonable length of time for a minimum fee;
  22. Monitor and transmit a report on compliance with KRS 164.351 to the director of the Legislative Research Commission for distribution to the Health and Welfare Committee;
    1. Develop in cooperation with each public university and the Kentucky Community and Technical College System a comprehensive orientation and education program for new members of the council and the governing boards and continuing education opportunities for all council and board members. For new members of the council and institutional governing boards, the council shall: (25) (a) Develop in cooperation with each public university and the Kentucky Community and Technical College System a comprehensive orientation and education program for new members of the council and the governing boards and continuing education opportunities for all council and board members. For new members of the council and institutional governing boards, the council shall:
      1. Ensure that the orientation and education program comprises six (6) hours of instruction time and includes but is not limited to information concerning the roles of the council and governing board members, the strategic agenda and the strategic implementation plan, and the respective institution’s mission, budget and finances, strategic plans and priorities, institutional policies and procedures, board fiduciary responsibilities, legal considerations including open records and open meetings requirements, ethical considerations arising from board membership, and the board member removal and replacement provisions of KRS 63.080 ;
      2. Establish delivery methods by which the orientation and education program can be completed in person or electronically by new members within one (1) year of their appointment or election;
      3. Provide an annual report to the Governor and Legislative Research Commission of those new board members who do not complete the required orientation and education program; and
      4. Invite governing board members of private colleges and universities licensed by the Council on Postsecondary Education to participate in the orientation and education program described in this subsection;
    2. Offer, in cooperation with the public universities and the Kentucky Community and Technical College System, continuing education opportunities for all council and governing board members; and
    3. Review and approve the orientation programs of each public university and the Kentucky Community and Technical College System for their governing board members to ensure that all programs and information adhere to this subsection;
  23. Develop a financial reporting procedure to be used by all state postsecondary education institutions to ensure uniformity of financial information available to state agencies and the public;
  24. Select and appoint a president of the council under KRS 164.013 ;
  25. Employ consultants and other persons and employees as may be required for the council’s operations, functions, and responsibilities;
  26. Promulgate administrative regulations, in accordance with KRS Chapter 13A, governing its powers, duties, and responsibilities as described in this section;
  27. Prepare and present by January 31 of each year an annual status report on postsecondary education in the Commonwealth to the Governor, the Strategic Committee on Postsecondary Education, and the Legislative Research Commission;
  28. Consider the role, function, and capacity of independent institutions of postsecondary education in developing policies to meet the immediate and future needs of the state. When it is found that independent institutions can meet state needs effectively, state resources may be used to contract with or otherwise assist independent institutions in meeting these needs;
  29. Create advisory groups representing the presidents, faculty, nonteaching staff, and students of the public postsecondary education system and the independent colleges and universities;
  30. Develop a statewide policy to promote employee and faculty development in state and locally operated secondary area technology centers through the waiver of tuition for college credit coursework in the public postsecondary education system. Any regular full-time employee of a state or locally operated secondary area technology center may, with prior administrative approval of the course offering institution, take a maximum of six (6) credit hours per term at any public postsecondary institution. The institution shall waive the tuition up to a maximum of six (6) credit hours per term. The employee shall complete the Free Application for Federal Student Aid to determine the level of need and eligibility for state and federal financial aid programs. The amount of tuition waived shall not exceed the cost of tuition at the institution less any state or federal grants received, which shall be credited first to the student’s tuition;
  31. Participate with the Kentucky Department of Education, the Kentucky Board of Education, and postsecondary education institutions to ensure that academic content requirements for successful entry into postsecondary education programs are aligned with high school content standards and that students who master the high school academic content standards shall not need remedial courses. The council shall monitor the results on an ongoing basis;
  32. Cooperate with the Kentucky Department of Education and the Education Professional Standards Board in providing information sessions to selected postsecondary education content faculty and teacher educators of the high school academic content standards as required under KRS 158.6453(2)(l);
  33. Cooperate with the Office of the Kentucky Center for Statistics and ensure the participation of the public institutions as required in KRS 151B.133 ;
  34. Pursuant to KRS 63.080 , review written notices from the Governor or from a board of trustees or board of regents concerning removal of a board member or the entire appointed membership of a board, investigate the member or board and the conduct alleged to support removal, and make written recommendations to the Governor and the Legislative Research Commission as to whether the member or board should be removed; and
  35. Exercise any other powers, duties, and responsibilities necessary to carry out the purposes of this chapter. Nothing in this chapter shall be construed to grant the Council on Postsecondary Education authority to disestablish or eliminate any college of law which became a part of the state system of higher education through merger with a state college.

History. 4527-1, 4527-3; amend. Acts 1956, ch. 163, § 1; 1966, ch. 6, § 2; 1968, ch. 152, § 118; 1972, ch. 39, § 2; 1974, ch. 74, Art. II, § 9(2); 1978, ch. 155, §§ 41, 106, effective June 17, 1978; 1978, ch. 295, § 1, effective June 17, 1978; 1980, ch. 71, § 1, effective July 15, 1980; 1982, ch. 379, § 4, effective April 9, 1982; 1990, ch. 443, § 39, effective July 13, 1990; 1992, ch. 10, § 2, effective February 20, 1992; 1992, ch. 315, § 1, effective July 14, 1992; 1994, ch. 31, § 6, effective July 15, 1994; 1996, ch. 184, § 1, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 74, effective May 30, 1997; 2000, ch. 192, § 1, effective July 14, 2000; 2000, ch. 526, §§ 3, 27, effective July 14, 2000; 2002, ch. 37, § 3, effective July 15, 2002; 2004, ch. 42, § 1, effective July 13, 2004; 2006, ch. 211, § 101, effective July 12, 2006; 2009, `ch. 101, § 13, effective March 25, 2009; 2010, ch. 108, § 2, effective July 15, 2010; 2014, ch. 26, § 3, effective July 15, 2014; 2016 ch. 136, § 2, effective July 15, 2016; 2017 ch. 101, § 3, effective March 21, 2017; 2017 ch. 156, § 14, effective April 10, 2017; 2018 ch. 171, § 16, effective April 14, 2018; 2018 ch. 200, § 4, effective April 26, 2018; 2018 ch. 207, § 16, effective April 27, 2018; 2019 ch. 146, § 42, effective June 27, 2019; 2019 ch. 154, § 5, effective June 27, 2019.

Legislative Research Commission Notes.

(6/27/2019). This statute was amended by 2019 Ky. Acts chs. 146 and 154, which do not appear to be in conflict and have been codified together.

164.0203. Strategic agenda — Strategic implementation plan — Benchmarks — Review of goals and plan.

  1. The Council on Postsecondary Education shall adopt a strategic agenda that identifies specific short-term objectives in furtherance of the long-term goals established in KRS 164.003(2).
    1. The purpose of the strategic agenda is to further the public purposes under KRS 164.003 by creating high-quality, relevant, postsecondary education and adult education opportunities in the Commonwealth. The strategic agenda shall: (2) (a) The purpose of the strategic agenda is to further the public purposes under KRS 164.003 by creating high-quality, relevant, postsecondary education and adult education opportunities in the Commonwealth. The strategic agenda shall:
      1. Serve as the public agenda for postsecondary education and adult education for the citizens of the Commonwealth, providing statewide priorities and a vision for long-term economic growth;
      2. State those important issues and aspirations of the Commonwealth’s students, employers, and workforce reflecting high expectations for their performance and the performance of the educational institutions and providers that serve them; and
      3. Sustain a long-term commitment for constant improvement, while valuing market-driven responsiveness, accountability to the public, technology-based strategies, and incentive-based motivation.
    2. The council shall develop a strategic implementation plan, which may be periodically revised, to achieve the strategic agenda. The strategic agenda shall serve as a guide for institutional plans and missions.
  2. The framework for the strategic implementation plan of the strategic agenda shall include the following elements:
    1. A mission statement;
    2. Goals;
    3. Principles;
    4. Strategies and objectives;
    5. Benchmarks; and
    6. Incentives to achieve desired results.
  3. The implementation plan for the strategic agenda shall take into consideration the value to society of a quality liberal arts education and the needs and concerns of Kentucky’s employers.
  4. The council shall develop benchmarks using criteria that shall include but not be limited to:
    1. Use of the statistical information commonly provided by governmental and regulatory agencies or specific data gathered by authorization of the council;
    2. Comparison of regions and areas within the Commonwealth and comparisons of the Commonwealth to other states and the nation; and
    3. Measures of educational attainment, effectiveness, and efficiency, including but not limited to those set forth in KRS 164.095 .
  5. The council shall review the goals established by KRS 164.003(2) at least every four (4) years and shall review its implementation plan at least every two (2) years.
  6. In developing the strategic agenda, the council shall actively seek input from the Department of Education and local school districts to create necessary linkages to assure a smooth and effective transition for students from the elementary and secondary education system to the postsecondary education system. Upon completion of the strategic agenda and strategic implementation plan, the council shall distribute copies to each local school district.
  7. The strategic agenda shall include a long-term strategy, developed in partnership with the Office of Adult Education, for raising the knowledge and skills of Kentucky’s adult population, and ensuring lifelong learning opportunities for all Kentucky adults, drawing on the resources of all state government cabinets and agencies, business and civic leadership, and voluntary organizations.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 6, effective May 30, 1997; 2000, ch. 526, § 4, effective July 14, 2000; 2006, ch. 211, § 102, effective July 12, 2006; 2019 ch. 146, § 43, effective June 27, 2019.

164.0205. Role of council with respect to program created by KRS 158.798.

The Council on Postsecondary Education in Kentucky shall promote, support, and assist in the program created in KRS 158.798 by:

  1. Identifying college students who have a superior academic aptitude or achievement in math, science, and technology related course work to participate in this program;
  2. Educating higher education institutions as to the availability of this program and encouraging participation by administrators, faculty, and students;
  3. Establishing liaison and assisting in the coordination of any specific program component which involves college-level internships, scholarships, or career development.

History. Enact. Acts 1992, ch. 408, § 3, effective July 14, 1992; 1997 (1st Ex. Sess.), ch. 1, § 75, effective May 30, 1997.

164.0206. Public postsecondary education institution’s program in speech-language pathology and teacher education.

A public postsecondary education institution with a degree program in speech-language pathology and a teacher education program, under the direction of the Council on Postsecondary Education, and in consultation with the Education Professional Standards Board and the Kentucky Board of Speech-Language Pathology and Audiology, shall:

  1. Align the programs of studies for speech-language pathology and teacher education to permit a student to successfully prepare for licensure as a speech-language pathology assistant and certification as a bachelor’s level teacher of exceptional children/communication disorders;
  2. Increase the number of qualified students accepted into programs leading to licensure as a speech-language pathologist or speech-language pathology assistant and certification as a teacher of exceptional children/communication disorders, subject to:
    1. Requirements for program certification by national certifying bodies, including, but not limited to, student to faculty ratios;
    2. The strategic plans of the Council on Postsecondary Education and the postsecondary education institution; and
    3. The budgetary considerations of the postsecondary education institution.
  3. Provide expanded opportunities for speech-language pathology assistants working in public schools to pursue licensure as a speech-language pathologist and certification as a teacher of exceptional children/communication disorders, which may include:
    1. Expanded opportunities for admission to on-campus programs;
    2. The development and expansion of distance learning opportunities in collaboration with the Kentucky Commonwealth Virtual University; and
    3. Admissions requirements that take into account successful professional experience as a speech-language pathology assistant in lieu of other admissions requirements.

History. Enact. Acts 2000, ch. 375, § 2, effective July 14, 2000.

164.0207. Collaborative Center for Literacy Development: Early Childhood through Adulthood — Duties — Report.

  1. The Collaborative Center for Literacy Development: Early Childhood through Adulthood is created to make available professional development for educators in reliable, replicable research-based reading programs, and to promote literacy development, including cooperating with other entities that provide family literacy services. The center shall be responsible for:
    1. Developing and implementing a clearinghouse for information about programs addressing reading and literacy from early childhood and the elementary grades (P-5) through adult education;
    2. Providing advice to the Kentucky Board of Education regarding the Reading Diagnostic and Intervention Grant Program established in KRS 158.792 and in other matters relating to reading;
    3. Collaborating with public and private institutions of postsecondary education and adult education providers to provide for teachers and administrators quality preservice and professional development relating to reading diagnostic assessments and intervention and to the essential components of successful reading: phonemic awareness, phonics, fluency, vocabulary, comprehension, and the connections between writing and reading acquisition and motivation to read;
    4. Collaborating with the Kentucky Department of Education to assist districts with students functioning at low levels of reading skills to assess and address identified literacy needs;
    5. Providing professional development and coaching for early childhood educators and classroom teachers, including adult education teachers, implementing selected reliable, replicable research-based reading programs. The professional development shall utilize technology when appropriate;
    6. Developing and implementing a comprehensive research agenda evaluating the early reading models implemented in Kentucky under KRS 158.792 ;
    7. Maintaining a demonstration and training site for early literacy located at each of the public universities;
    8. Assisting middle and high schools in the development of comprehensive adolescent reading plans and maintaining a repository of instructional materials or summary materials that identify comprehension best practices in the teaching of each subject area and a list of classroom-based diagnostic reading comprehension assessments that measure student progress in developing students’ reading comprehension skills; and
    9. Evaluating the reading and literacy components of the model adult education programs funded under the adult education and literacy initiative fund created under KRS 151B.409 .
  2. The center shall review national research and disseminate appropriate research abstracts, when appropriate, as well as conduct ongoing research of reading programs throughout the state. Research activities undertaken by the center shall consist of descriptive as well as empirical studies.
    1. The center may contract for research studies to be conducted on its behalf.
    2. The research agenda should, at a minimum, consider the impact of various reading and intervention programs:
      1. In eliminating academic achievement gaps for students, including subpopulations of students with disabilities, students with low socioeconomic status, students from racial minority groups, students with limited English proficiency, and students of different gender;
      2. In schools with differing characteristics, such as urban versus rural schools, poverty versus nonpoverty schools, schools with strong library media center programs versus schools with weak library media center programs, and schools in different geographic regions of the state;
      3. In terms of their costs and effectiveness; and
      4. In maintaining positive student progress over a sustained period of time.
  3. The center shall submit an annual report of its activities to the Kentucky Department of Education, the Governor, and the Legislative Research Commission no later than September 1 of each year.
  4. With advice from the Department of Education, the Council on Postsecondary Education shall develop a process to solicit, review, and approve a proposal for locating the Collaborative Center for Literacy Development at a public institution of postsecondary education. The Council on Postsecondary Education shall approve the location. The center, in conjunction with the council, shall establish goals and performance objectives related to the functions described in this section.

History. Enact. Acts 1998, ch. 580, § 3, effective July 15, 1998; 2000, ch. 526, § 29, effective July 14, 2000; 2005, ch. 127, § 5, effective March 18, 2005; 2010, ch. 42, § 3, effective July 15, 2010; 2019 ch. 146, § 44, effective June 27, 2019; 2020 ch. 112, § 14, effective July 15, 2020.

Legislative Research Commission Note.

(3/18/2005). 2005 Ky. Acts ch. 127, which included an amendment to this section, KRS 164.0207 , provides that the Act shall be cited as the “Read to Achieve Act of 2005.”

164.021. Advisory Conference of Presidents.

The president or chief executive officer of each four (4) year state institution of higher learning, the president of the Kentucky Community and Technical College System, and the president of the Association of Independent Kentucky Colleges and Universities shall serve on an advisory conference for the Council on Postsecondary Education. The Advisory Conference of Presidents will receive the full agenda for each meeting of the council a reasonable time prior to the council meeting and, in the event of viewpoints differing from the Council on Postsecondary Education, an elected spokesperson for the conference may meet with the council and the executive committee to present before the council the institutional positions on such issues. At least once each year the Council on Postsecondary Education will meet with the Advisory Conference of Presidents.

History. Enact. Acts 1982, ch. 379, § 5, effective April 9, 1982; 1997 (1st Ex. Sess.), ch. 1, § 76, effective May 30, 1997; 2002, ch. 37, § 4, effective July 15, 2002.

164.0211. Board of Student Body Presidents.

  1. The student body president of each four (4) year public university, the two (2) student regents to be designated by the board of regents of the Kentucky Community and Technical College System, and one (1) student body president representing the members of the Association of Independent Kentucky Colleges and Universities shall serve on an advisory board to be known as the Board of Student Body Presidents. The student body president representing the independent colleges and universities shall be selected under a process established by the Association of Independent Kentucky Colleges and Universities.
  2. The Board of Student Body Presidents shall advise the legislative and executive branches regarding postsecondary education issues and concerns of students.
  3. At least once each year, the Board of Student Body Presidents shall meet with the Council on Postsecondary Education and the Advisory Conference of Presidents.
  4. The Board of Student Body Presidents shall submit the names of three (3) nominees to the Governor for consideration in the appointment of a student member to the Council on Postsecondary Education pursuant to KRS 164.011 .

History. Enact. Acts 2013, ch. 124, § 4, effective June 25, 2013.

164.022. Center for education statistics. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 155, § 107, effective June 17, 1978) was repealed by Acts 1982, ch. 379, § 11, effective April 9, 1982.

164.023. Kentucky Adult Education Program — Educational strategy and responsibilities — Organization — Sole agency for developing and approving state plans. [Repealed, reenacted and amended.]

History. Enact. Acts 2006, ch. 211, § 98, effective July 12, 2006; 2019 ch. 146, was repealed and amended as KRS 151B.406 by Acts 2019, ch. 146, § 45, effective June 27, 2019.

164.0232. Foundation for Adult Education. [Repealed, reenacted and amended.]

HISTORY: Enact. Acts 1986, ch. 209, § 1, effective July 15, 1986; repealed, reenact. and amend. Acts 1990, ch. 470, § 24, effective July 1, 1990; 1996, ch. 217, § 3, effective July 15, 1996; 2003, ch. 29, § 14, effective June 24, 2003; 2006, ch. 211, § 38, effective July 12, 2006; 2009, ch. 11, § 19, effective June 25, 2009; 2013, ch. 15, § 4, effective June 25, 2013; repealed, reenact. and amend., Acts 2013, ch. 59, § 34, effective June 25, 2013; 2017 ch. 63, § 20, effective June 29, 2017; 2019 ch. 146, was repealed and amended as KRS 151B.407 by Acts 2019, ch. 146, § 46, effective June 27, 2019.

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 209, § 1, effective July 15, 1986) was formerly compiled as KRS 156.486 and was repealed, reenacted and amended as this section by Acts 1990, ch. 170, § 24, effective July 1, 1990.

This section was formerly compiled as KRS 151B.130 .

Legislative Research Commission Notes.

(6/25/2013). This statute was amended by 2013 Ky. Acts chs. 15 and 59, which do not appear to be in conflict and have been codified together.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts Ch. 476, pursuant to Section 653(1) of Acts Ch. 476.

KRS 151B.130 formerly codified as KRS 156.486 .

164.0234. Adult education learning system — Services — Duties and responsibilities of the Kentucky Adult Education Program. [Repealed, reenacted and amended.]

History. Enact. Acts 1994, ch. 487, § 3, effective July 15, 1994; 1996, ch. 143, § 1, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 54, effective May 30, 1997; 2000, ch. 526, § 10, effective July 14, 2000; 2006, ch. 211, § 55, effective July 12, 2006; 2008, ch. 113, § 2, effective July 15, 2008; repealed and reenact., Acts 2013, ch. 59, § 35, effective June 25, 2013; 2017 ch. 63, § 21, effective June 29, 2017; 2019 ch. 146, was repealed and amended as KRS 151B.408 by Acts 2019, ch. 146, § 47, effective June 27, 2019.

Compiler’s Notes.

Section 6 of Acts 1994, ch. 487 provides that: “Effective July 1, 1994, the federal Job Training Partnership Act program and all personnel, funds, equipment, and property related to this program shall transfer from the Cabinet for Human Resources to the Workforce Development Cabinet.”

This section was formerly compiled as KRS 151B.410 .

164.024. Office of geriatrics-gerontology created in council — Administrator’s qualifications — Duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 155, § 112, effective June 17, 1978) was repealed by Acts 1982, ch. 379, § 11, effective April 9, 1982.

164.025. Medical research and education program. [Repealed.]

Compiler’s Notes.

This section (Acts 1956 (1st Ex. Sess.), ch. 7, Art. XIV, § 4) was repealed by Acts 1964, ch. 8, § 2.

164.026. State support for University of Louisville.

  1. The General Assembly recognizes the continuing need for education and research in Kentucky, and that the need is larger than the capacity of the facilities of the state universities to supply. The General Assembly finds that the University of Louisville helps to supply, for the entire state, the need, and declares that support of the University of Louisville is a public purpose for which public money may be validly expended.
  2. The University of Louisville shall keep its books and records available to the State Auditor. An audit of expenditure of public money by the university is subject to the laws generally governing audits of expenditures of public money.

History. Enact. Acts 1964, ch. 8, § 1; 1968, ch. 183, § 1.

164.027. Occupational qualification development program — State payments to participating municipal junior colleges.

  1. The Council on Postsecondary Education shall have authority to provide for a program of occupational qualification development in the Commonwealth. The program may be provided for by contract with any recognized and accredited municipal junior college located within the Commonwealth. The contract shall provide that the college shall admit to its course of instruction, up to such percentage of its full teaching capacity as may be fixed by contract, residents of the Commonwealth who make application to pursue the course of study of the college; provided, however, that the persons shall be classified as residents according to council administrative regulations and shall be eligible for admissions to the junior college.
  2. The Council on Postsecondary Education shall pay to the college not more than two hundred dollars ($200) per school year for each student enrolled. The payments shall be additional to the annual tuition fees paid by each student. The council shall have authority to provide by contract that it pay the expense of specific research projects or programs conducted by the college. The council shall make an annual report of its occupational qualification development program after June 30 of each year, including an accounting of all moneys received and disbursed. The council shall have no authority to incur any obligation in excess of the sums that have been appropriated to it.

History. Enact. Acts 1962, ch. 115, § 1; 1964, ch. 26, § 1; 1978, ch. 155, § 104, effective June 17, 1978; 1992, ch. 27, § 8, effective March 2, 1992; 1997 (1st Ex. Sess.), ch. 1, § 77, effective May 30, 1997.

164.028. Office of Professional Education Preparation Programs.

There shall be established in the Council on Postsecondary Education an Office of Professional Education Preparation Programs. The office shall have as its principal responsibility the coordination, development, and implementation, through appropriate means, of educational activities directed toward solving the problem of professional manpower distribution in the Commonwealth. For the purposes of KRS 164.028 to 164.029 , the words “profession” and “professional” mean medicine and dentistry.

History. Enact. Acts 1980, ch. 20, § 1, effective July 15, 1980; 1997 (1st Ex. Sess.), ch. 1, § 78, effective May 30, 1997.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (6) at 894.

164.0281. Duties of Office of Professional Education Preparation Programs.

The Office of Professional Education Preparation Programs shall coordinate, promote and support activities designed to:

  1. Identify high school students and other individuals from designated underserved areas of the Commonwealth who have indicated an interest in, and demonstrated potential for pursuing professional careers;
  2. Provide special educational opportunities for such students to prepare themselves for admission to, and graduation from, professional schools;
  3. Provide extramural (off-campus) educational opportunities for professional students in rural and other designated underserved areas of the Commonwealth;
  4. Identify currently enrolled professional students, post-graduate trainees and residents who are deemed to have realistic potential for recruitment to practice in underserved areas of the Commonwealth;
  5. Provide for the intensive recruitment of such students and postgraduate trainees for practice in underserved areas;
  6. Provide technical assistance to communities in their professional manpower recruitment efforts.

History. Enact. Acts 1980, ch. 20, § 2, effective July 15, 1980.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (6) at 894.

164.0282. Duties of Council on Postsecondary Education as to professional education preparation programs.

The Council on Postsecondary Education shall:

  1. Employ a director and sufficient staff to administer the professional education preparation programs;
  2. Formulate guidelines and policies governing program activities and fund expenditures;
  3. Allocate funds to appropriate agencies, organizations, and institutions for the purpose of conducting activities approved in accordance with guidelines and policies;
  4. Recognize regional groups made up of professionals, educators, and consumers, which shall serve in an advisory capacity to the council in accordance with guidelines and policies;
  5. Recognize a group made up of professionals, educators, and consumers which shall serve in an advisory capacity to the council on all program matters;
  6. Develop and maintain a mechanism for evaluating the impact of the program activities on admissions to, and graduation from, professional schools, and on professional manpower distribution;
  7. Conduct specific program activities which are beyond the capability of a single institution, agency, or organization, or when it is determined that it would be inappropriate for such institutions, agencies, or organizations to conduct the activity;
  8. Establish liaison with and provide assistance to the Kentucky Board of Education in developing counseling and other related programs to encourage students from shortage areas to prepare for professional careers;
  9. Coordinate the development of a financial support system to enable potential professional students in underserved areas which will enhance their ability to apply for, be admitted to, and graduate from professional education programs;
  10. Report at least annually to the appropriate committees and interim committees of the General Assembly on the operation of the program.

History. Enact. Acts 1980, ch. 20, § 3, effective July 15, 1980; 1996, ch. 362, § 6, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 79, effective May 30, 1997.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (6) at 894.

164.0283. Publication of admissions criteria by public professional schools.

Every institution of higher education in the Commonwealth of Kentucky offering professional education programs in the areas of medicine and dentistry shall establish and publish the criteria by which applicants for admission are evaluated and the approximate weight of each criteria including a criterion based upon permanent residence in underserved or underrepresented areas of the Commonwealth.

History. Enact. Acts 1980, ch. 20, § 4, effective July 15, 1980.

164.0284. Annual compilation of data concerning in-demand jobs, college costs, student loan debt, graduation rates, and student and graduate employment — Administrative regulations. [Effective July 1, 2021]

  1. In order to help prospective students make more informed decisions about their futures and ensure that they are adequately aware of the cost of college and other career paths, the Council on Postsecondary Education shall compile on an annual basis the following information:
    1. The most in-demand jobs in the state along with the starting salary, the median salary, and the typical education level for those jobs;
    2. For the University of Kentucky, the University of Louisville, each comprehensive university, and each college within the Kentucky Community and Technical College System:
      1. The average cost;
      2. The average three (3) year student loan default rate;
      3. The average student loan debt for students who have attended the institution;
      4. The percentage of students taking out student loans;
      5. The average graduation rate and average time to completion;
      6. The number of students completing high school credential programs and career and technical education programs, and, as available, the number of students completing apprenticeship programs; and
      7. The median and range of starting salaries for graduates; and
    3. For each college within the Kentucky Community and Technical College System, the percentage of students employed by program area and, as data becomes available, the rate of students gainfully employed in the recognized occupation for which the student was trained or in a related comparable recognized occupation.
  2. The Council on Postsecondary Education shall maintain and ensure access to the information by prospective students in the state. The council shall work with the Kentucky Center for Statistics, the Kentucky Department of Education, the Education and Workforce Development Cabinet, and the Kentucky Higher Education Assistance Authority and other stakeholders the council determines necessary to develop a delivery method to carry out the objectives of this section.
  3. The council may promulgate administrative regulations necessary to carry out this section and may require and compile information for specific programs within the postsecondary institutions identified in subsection (1)(b) of this section.

HISTORY: 2020 ch. 105, § 1, effective July 1, 2021.

Legislative Research Commission Notes.

(7/1/2021). 2020 Ky. Acts ch. 105, sec. 2, provides that this statute may be cited as the Students' Right to Know Act.

164.0285. Definitions for KRS 164.0285 to 164.0288.

As used in KRS 164.0285 to 164.0288 :

  1. “STEM” means science, technology, engineering, and mathematics; and
  2. “Advanced science and mathematics” means Advanced Placement biology, calculus, chemistry, computer science, environmental science, and physics, and International Baccalaureate biology, chemistry, computer science, environmental systems, mathematical studies, further mathematics, and physics.

History. Enact. Acts 2008, ch. 134, § 8, effective July 15, 2008.

164.0286. STEM Initiative Task Force — Purpose — Membership — Steering committee oversight and coordination — Administrative attachment — Contracting — Funding.

  1. The Council on Postsecondary Education shall create a STEM Initiative Task Force for the purpose of providing leadership and strategic direction to a comprehensive, statewide STEM initiative to improve Kentucky’s position for success in the knowledge-based economy by expanding and strengthening educational and economic development opportunities in science, technology, engineering, and mathematics. The STEM Initiative Task Force shall be composed of representatives from the executive and legislative branches of government, postsecondary education, elementary and secondary education, professionals within the STEM disciplines, and the business community.
  2. The president of the Council on Postsecondary Education shall appoint members to the STEM Initiative Task Force, except that the President of the Senate shall appoint two (2) members of the Kentucky Senate and the Speaker of the House of Representatives shall appoint two (2) members of the House of Representatives to the task force. The task force members appointed by the president of the Council on Postsecondary Education shall include but not be limited to the representatives on the STEM Initiative Steering Committee under subsection (4) of this section. The total number of members of the STEM Initiative Task Force shall be determined by the president of the Council on Postsecondary Education.
  3. The task force shall have a chair, who shall be the presiding officer and shall coordinate the functions and activities of the task force. The chair shall be elected by majority vote of the members present at the first meeting of the task force after July 15, 2008. Thereafter, the chair shall be elected each calendar year.
  4. The STEM Initiative Task Force shall have a steering committee to provide oversight and coordination of the implementation of the STEM strategic and business plans developed by the task force under KRS 164.0287 , and to determine the allocation of funds from Kentucky STEM Initiative fund under KRS 164.0288 . The chair of the STEM Initiative Task Force shall be the chair of the steering committee, and a vice chair shall be elected by members of the steering committee. The steering committee shall be composed of task force members as follows:
    1. Two (2) representatives of the Kentucky Cabinet for Economic Development;
    2. One (1) representative of the Center for Applied Energy Research at the University of Kentucky;
    3. One (1) representative of the Kentucky Rural Energy Consortium at the University of Louisville;
    4. Two (2) representatives of the Kentucky Chamber of Commerce;
    5. One (1) representative of the Kentucky Science and Technology Corporation;
    6. Two (2) representatives of the Council on Postsecondary Education;
    7. One (1) president of a public university;
    8. One (1) representative of the Kentucky Community and Technical College System;
    9. One (1) representative of the Association of Kentucky Independent Colleges and Universities;
    10. Two (2) representatives of the Kentucky Department of Education;
    11. Two (2) representatives of the Kentucky Education Association;
    12. One (1) representative of the Kentucky School Boards Association;
    13. One (1) representative of the Kentucky Association of School Administrators;
    14. One (1) representative of the Education Professional Standards Board; and
    15. The task force chair.
  5. When making the appointment of a representative required under subsection (4) of this section, the president of the Council on Postsecondary Education shall seek the advice of the chief executive officer of the organization, agency, or association being represented, except that the advice of the Kentucky Council of Presidents shall be sought regarding the selection of a public university president to serve.
  6. Each STEM Initiative Task Force member shall serve a term of three (3) years, or until a successor is appointed or qualified, except that, to the degree possible, for members appointed by the president of the Council on Postsecondary Education, the initial term of one-third (1/3) of the members shall be for one (1) year, one-third (1/3) for two (2) years, and one-third (1/3) for three (3) years. A member may be reappointed to the task force at the discretion of the president of the Council on Postsecondary Education.
  7. The task force shall meet at least semiannually or upon the call of the chair, and a majority of the full membership shall constitute a quorum.
  8. The task force, under the leadership of the chair, may appoint committees, subcommittees, advisory groups, or other work structures to accomplish its purposes.
  9. Members of the task force shall serve without compensation but may be reimbursed for necessary travel and expenses while attending meetings or conducting approved activities at a per diem rate not to exceed the rate promulgated in administrative regulation for state employees under the provisions of KRS Chapter 45.
  10. The task force shall be attached to the Council on Postsecondary Education for administrative purposes. The council may enter into a memorandum of agreement with the Kentucky Department of Education for staff and other administrative expenses relating to the implementation of KRS 164.0285 to 164.0288 .
  11. The task force may create a public or nonprofit corporation or contract with an existing nonprofit corporation to facilitate the public-private collaboration in the development and implementation of the STEM Initiative.
  12. The task force or the public or nonprofit corporation which may be utilized under subsection (11) of this section may receive and expend funds from state appropriations and may solicit, apply for, and receive funds, grants, contracts, contributions, property, or services from a person, government agency, or other organization, public or private. Determination of the use of funds received by the task force shall be established by the STEM Initiative Steering Committee pursuant to this section.
  13. Funds appropriated to the task force or the public or nonprofit corporation which may be utilized under subsection (11) of this section shall not lapse at the end of a fiscal year but shall be carried forward to the next fiscal year to be used solely to support the purposes for which the funds were appropriated.
  14. The task force or the public or nonprofit corporation which may be utilized under subsection (11) of this section shall:
    1. Follow standard accounting practices;
    2. Have an independent auditor conduct an annual financial audit; and
    3. Submit a quarterly report of receipts and expenditures no later than sixty (60) days after the end of a calendar quarter. The task force shall file its report with the Council on Postsecondary Education and a public or nonprofit corporation shall file its report to the STEM Initiative Task Force.
  15. The task force or the public or nonprofit corporation which may be utilized under subsection (11) of this section shall submit an annual financial and progress report for the previous fiscal year by September 30 to the Governor, the Legislative Research Commission, the commissioner of education, and the president of the Council on Postsecondary Education.

History. Enact. Acts 2008, ch. 134, § 9, effective July 15, 2008.

164.0287. Duties of STEM Initiative Task Force — Strategic plan — Business plan.

  1. The STEM Initiative Task Force shall explore the critical relationship between STEM degree production and the knowledge-based economy of Kentucky and make recommendations to accelerate Kentucky’s performance in the STEM disciplines. The task force shall develop a comprehensive, statewide strategic plan and a business plan to improve STEM performance in government, business, elementary and secondary education, and postsecondary education.
  2. The strategic plan shall include but not be limited to:
    1. Energizing a statewide public awareness campaign to help Kentuckians understand the critical importance of STEM to their own economic competitiveness and that of the Commonwealth;
    2. Creating incentives and a supportive environment for students, teachers, and institutions that pursue, succeed, and excel in the STEM disciplines throughout the P-20 educational pipeline;
    3. Implementing international best practices in professional development programs for P-16 STEM teachers to increase the intensity, duration, and rigor of professional development;
    4. Improving teacher preparation programs and encouraging people with undergraduate and graduate degrees in the STEM disciplines to enter the teaching profession;
    5. Revolutionizing how STEM subjects are taught, learned, and assessed and implementing a statewide, research-based STEM curriculum that is aligned with global workforce and academic standards;
    6. Engaging business, industry, and civic leaders to improve STEM education and skills in the Commonwealth and creating incentives for Kentucky businesses that employ and invest in STEM-educated students;
    7. Developing an ongoing, coordinated, statewide STEM initiative that maximizes the impact of resources among government agencies, schools, colleges and universities, and businesses, and which is focused on developing and attracting STEM-related jobs in Kentucky;
    8. Targeting energy sustainability problems and opportunities in Kentucky and the nation as a primary objective of statewide STEM enhancements;
    9. Developing STEM mentoring programs that partner students in grades five (5) through twelve (12), their teachers, or both, with engineers, business professionals, college or university professors, university students, or others with expertise in the STEM disciplines to link academic coursework with the real world, underscoring the importance of rigorous academic preparation and encouraging pursuit of careers in the STEM disciplines; and
    10. Creating recognition awards and activities and financial support for individuals, businesses, or organizations that exhibit excellence in mentoring within the STEM disciplines.
  3. The STEM Task Force shall develop a business plan aligned with the strategic plan which includes measurable benchmarks for progress in achieving the goals within the strategic plan for one (1) year, three (3) year, and five (5) year time periods. The initial business plan shall be presented to the Interim Joint Committees on Appropriations and Revenue and Education by December 30, 2008. In subsequent years, the task force shall review and revise the business plan as needed to further the purposes of the STEM Initiative.

History. Enact. Acts 2008, ch. 134, § 10, effective July 15, 2008.

164.0288. Kentucky STEM Initiative fund.

  1. The Kentucky STEM Initiative fund is hereby created to support the STEM Initiative described in KRS 164.0286 and 164.0287 , as directed by the STEM Initiative Steering Committee established in KRS 164.0286 (4).
  2. The fund may receive state appropriations, grants, gifts, federal funds, or any other public or private funds.
  3. Fund amounts not expended or obligated at the end of a fiscal year shall not lapse but shall be carried forward to the next fiscal year to be used solely to support the purposes for which the funds were appropriated. Any interest earnings of the fund shall become a part of the fund and shall not lapse.
  4. The Department of Education and the Council on Postsecondary Education may expend available funds from other sources on the STEM Initiative.

History. Enact. Acts 2008, ch. 134, § 11, effective July 15, 2008.

164.029. Recognition of Area Health Education System.

The Area Health Education System in the Council on Postsecondary Education is hereby recognized.

History. Enact. Acts 1980, ch. 20, § 5, effective July 15, 1980; 1997 (1st Ex. Sess.), ch. 1, § 80, effective May 30, 1997.

164.030. Regulations of council to be followed by state postsecondary educational institutions.

The governing board of each of the state postsecondary educational institutions shall make such changes or adjustments in the curricula and such rules and regulations affecting their schools as are necessary to carry out and put into effect the rulings of the Council on Postsecondary Education in regard to curricular offerings, entrance fees, and qualifications for admission to and reports from their respective institutions.

History. 4527-4; amend. Acts 1952, ch. 41, § 7; 1978, ch. 155, § 104, effective June 17, 1978; 1997 (1st Ex. Sess.), ch. 1, § 81, effective May 30, 1997.

164.033. Local P-16 councils.

  1. Effective August 1, 2002, the Council on Postsecondary Education shall administer a competitive grant program to enable the establishment of local P-16 councils. A P-16 council may be called a council of partners. The Council on Postsecondary Education and the Kentucky Board of Education shall jointly establish the criteria for participation in the grant program and the amount of funds available to each local P-16 council based on funds appropriated for this purpose. A postsecondary education institution shall assume the leadership role for managing a local P-16 council grant.
  2. A local P-16 council shall promote the preparation and development of teachers, the alignment of competency standards, and the elimination of barriers that impede student transition from preschool through baccalaureate programs.
  3. Each local P-16 council shall provide an annual written report of its activities and recommendations to its members and the institutions they represent, the Kentucky Board of Education, the Council on Postsecondary Education, and the Education Professional Standards Board.

History. Enact. Acts 2001, ch. 76, § 2, effective June 21, 2001.

164.035. Needs assessment for adult education and workforce development.

The Council on Postsecondary Education, in consultation with the Office of Adult Education and the Collaborative Center for Literacy Development: Early Childhood through Adulthood, shall assess the need for technical assistance, training, and other support to assist in the development of adult education and workforce development that support the state strategic agenda and that include a comprehensive coordinated approach to education and training services. The council shall promote the involvement of universities; colleges; technical institutions; elementary and secondary educational agencies; labor, business, and industry representatives; community-based organizations; citizens’ groups; and other policymakers in the development of the regional strategies.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 23, effective May 30, 1997; 2000, ch. 526, §§ 5, 28, effective July 14, 2000; 2006, ch. 211, § 103, effective July 12, 2006; 2019 ch. 146, § 48, effective June 27, 2019.

164.036. Council for Educational Research — Duty to advise on data needed by colleges of education — Service by deans of colleges of education.

  1. The Council for Educational Research is hereby established.
  2. At least once each year, the council shall advise the Board of the Kentucky Center for Statistics and the Office of the Kentucky Center for Statistics on the data needed by colleges of education for conducting education research.
  3. The deans of the colleges of education at each public research and comprehensive university shall serve on the council or appoint a designee from the research faculty in the college of education.

History. Enact. Acts 2013, ch. 18, § 7, effective June 25, 2013; 2013, ch. 90, § 7, effective June 25, 2013; 2019 ch. 154, § 6, effective June 27, 2019.

Legislative Research Commission Note.

(6/25/2013). This statute was created by 2013 Ky. Acts chs. 18 and 90, which were companion bills and are substantively identical. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 90 prevails under KRS 446.250 as the Act which passed the General Assembly last.

164.037. Standardized degree programs.

The Council on Postsecondary Education may identify academic programs offered at institutions to which the criteria for a standardized degree program shall be applied.

  1. If the council determines that a particular degree program offered by any state postsecondary institution shall be a standardized degree program, then the council shall direct each institution offering the degree program to collaborate under the direction of the council and establish the courses and the course content required for that degree program.
  2. If the various institutions cannot agree upon the courses required or the content of the courses, then the council shall make these determinations.
  3. All courses approved for a standardized degree shall be transferable among all institutions granting that degree.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 27, effective May 30, 1997.

164.040. Expenses of council. [Repealed.]

Compiler’s Notes.

This section (4527-5) was repealed by Acts 1956, ch. 163, § 2.

164.041. Adult education and literacy initiative fund. [Repealed, reenacted and amended.]

History. Repealed and reenact., Acts 2000, ch. 526, § 7, effective July 14, 2000; 2006, ch. 211, § 104, effective July 12, 2006; 2019 ch. 146, was repealed and amended as KRS 151B.409 by Acts 2019, ch. 146, § 49, effective June 27, 2019.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.142 .

Legislative Research Commission Note.

(7/7/97). Although designated to be created as a new section of KRS Chapter 164 by 1997 (1st Extra. Sess.) Ky. Acts ch. 1, § 150, this statute has been codified into KRS Chapter 151B under KRS 7.136(1)(a) and (h) because its subject matter clearly belongs within that chapter.

164.043. Cancer research institutions matching fund.

  1. There is hereby created in the State Treasury a cancer research matching fund designated as the “cancer research institutions matching fund.” The fund shall be administered by the Council for Postsecondary Education. For tax periods beginning on or after June 1, 2005, the one-cent ($0.01) surtax collected under KRS 138.140(1)(c) shall be deposited in the fund and shall be made available for matching purposes to the following universities for cancer research:
    1. One-half (1/2) of the moneys deposited in the fund shall be made available to the University of Kentucky; and
    2. One-half (1/2) of the moneys deposited in the fund shall be made available to the University of Louisville.
  2. All interest earned on moneys in the fund shall be credited to the fund.
  3. Any moneys remaining in the fund at the end of the fiscal year shall lapse to the general fund.
  4. To receive the funds, the universities shall provide dollar-for-dollar matching funds. The matching funds shall come from external sources to be eligible for the state match. External source contributions are those that originate outside the university and its affiliated corporations. The matching funds shall be newly generated to be eligible for state match. Newly generated contributions are those received by the university after April 1, 2005.
  5. Moneys transferred to the fund pursuant to subsection (1) of this section are hereby appropriated for purposes set forth in this section.
  6. The following funds are not eligible for state match:
    1. Funds received from federal, state, and local government sources; and
    2. General fund and student-derived revenues.

HISTORY: Enact. Acts 2005, ch. 173, Pt. XXV, § 4, effective March 20, 2005; 2018 ch. 171, § 34, effective April 14, 2018; 2018 ch. 207, § 34, effective April 27, 2018.

Legislative Research Commission Notes.

(4/27/2018). This statute was amended by 2018 Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.

164.050. Compensation and expenses of members.

The members of the Council on Postsecondary Education shall receive one hundred dollars ($100) per day for each council meeting attended and shall be reimbursed for their necessary traveling and other expenses while attending the meetings of the council, except a member who resides outside the Commonwealth shall not be reimbursed for out-of-state travel. Each institution shall pay the expenses of its own representatives. The expenses of the chief state school officer shall be paid by the state in the same manner as his other traveling expenses are paid.

History. 4527-6; amend. Acts 1978, ch. 154, § 9, effective June 17, 1978; 1978, ch. 155, § 83, effective June 17, 1978; 1992, ch. 10, § 10, effective July 1, 1992; 1992, ch. 27, § 9, effective March 2, 1992; 1997 (1st Ex. Sess.), ch. 1, § 82, effective May 30, 1997.

164.060. Meetings, number of — Special meetings.

The council shall meet at least four (4) times each year at such times as it determines by resolution. Special meetings may be called by the chairman. Upon request of three (3) institutions represented on the council, the chairman shall call a special meeting.

History. 4527-7; amend. Acts 1962, ch. 129, § 2.

164.070. Place of meeting.

The council shall meet in the office of the president or such other place as it designates.

History. 4527-8; amend. Acts 1978, ch. 295, § 2, effective June 17, 1978; 1997 (1st Ex. Sess.), ch. 1, § 83, effective May 30, 1997.

164.080. Notice of meeting.

Notice of each meeting shall be given by the chairman at least ten (10) days prior to the time of the meeting, unless all members of the council waive notice.

History. 4527-9.

164.090. Quorum.

A majority of the voting members of the council constitutes a quorum for the transaction of business, but no business shall be transacted and no proposition carried unless a majority of the voting members votes for it.

History. 4527-10; amend. Acts 1978, ch. 295, § 3, effective June 17, 1978.

164.092. Comprehensive funding model for the public postsecondary education system — Legislative findings and declarations — Separate funding formulas for public university sector and KCTCS sector — Distribution of funds — Annual certification of funding distribution amounts — Postsecondary education working group — Administrative regulations — Postsecondary education performance fund.

  1. For purposes of this section:
    1. “Category I and Category II square feet” means square footage that falls under space categories as defined by the Postsecondary Education Facilities Inventory and Classification Manual published by the United States Department of Education;
    2. “Comprehensive university” has the same meaning as in KRS 164.001 ;
    3. “Council” means the Council on Postsecondary Education;
    4. “Equilibrium” means a condition in which every institution has an appropriately proportionate level of resources as determined by the performance funding model established in this section given each institution’s level of productivity in achieving student success outcomes, course completion outcomes, and other components included in the model;
    5. “Formula base amount” means an institution’s general fund appropriation amount from the previous fiscal year net of debt service on bonds, appropriations for mandated programs as determined by the council, and any adjustments reflecting the previous fiscal year’s performance distribution;
    6. “Hold-harmless provision” means a provision included in the funding formulas as described in subsection (9) of this section that prevents a reduction of a designated portion of funding for an institution through operation of the funding formula;
    7. “Institution” means a college in the Kentucky Community and Technical College System or a public university;
    8. “KCTCS” means the Kentucky Community and Technical College System;
    9. “KCTCS institution allocable resources” means the formula base amount net of any equity adjustment as described in subsection (7)(b) of this section, any amount protected by a hold-harmless provision, and any applicable increase or decrease in general fund appropriations;
    10. “Research universities” means the University of Kentucky and the University of Louisville;
    11. “Stop-loss provision” means a provision included in the funding formulas as described in subsection (9) of this section to limit reduction of an institution’s funding amount to a predetermined percentage, notwithstanding the amounts calculated by operation of the formula; and
    12. “University allocable resources” means the formula base amount net of any small school adjustment as described in subsection (5)(c) of this section, any amount protected by a hold-harmless provision, and any applicable increase or decrease in general fund appropriations.
  2. The General Assembly hereby finds that improving opportunity for the Commonwealth’s citizens and building a stronger economy can be achieved by its public college and university system focusing its efforts and resources on the goals of:
    1. Increasing the retention and progression of students toward timely credential or degree completion;
    2. Increasing the number and types of credentials and degrees earned by all types of students;
    3. Increasing the number of credentials and degrees that garner higher salaries upon graduation, such as science, technology, engineering, math, and health, and in areas of industry demand;
    4. Closing achievement gaps by increasing the number of credentials and degrees earned by low-income students, underprepared students, and underrepresented minority students; and
    5. Facilitating credit hour accumulation and transfer of students from KCTCS to four (4) year postsecondary institutions.
  3. The General Assembly hereby declares these goals can best be accomplished by implementing a comprehensive funding model for the allocation of state general fund appropriations for postsecondary institution operations that aligns the Commonwealth’s investments in postsecondary education with the Commonwealth’s postsecondary education policy goals and objectives.
  4. This section establishes a comprehensive funding model for the public postsecondary education system to be implemented by the Council on Postsecondary Education. The funding model shall include a public university sector formula and a KCTCS sector formula.
  5. The funding formula for the public university sector shall:
    1. Recognize differences in missions and cost structures between research universities and comprehensive universities to ensure that neither are advantaged or disadvantaged during the first full year of implementation;
    2. Distribute one hundred percent (100%) of the university allocable resources for all universities in the sector, based on rational criteria, including student success, course completion, and operational support components, regardless of whether state funding for postsecondary institution operations increases, decreases, or remains stable;
    3. Include an adjustment to minimize impact on smaller campuses as determined by the council; and
    4. Be constructed to achieve equilibrium, at which point the funding formula rewards rates of improvement above the sector average rate.
  6. Funding for the public university sector shall be distributed as follows:
    1. Thirty-five percent (35%) of total university allocable resources shall be distributed based on each university’s share of total student success outcomes produced, including but not limited to:
      1. Bachelor’s degree production;
      2. Bachelor’s degrees awarded per one hundred (100) undergraduate full-time equivalent students;
      3. Numbers of students progressing beyond thirty (30), sixty (60), and ninety (90) credit hour thresholds;
      4. Science, technology, engineering, math, and health bachelor’s degree production; and
      5. Bachelor’s degrees earned by low-income students and underrepresented minority students;
    2. Thirty-five percent (35%) of total university allocable resources shall be distributed based on each university’s share of sector total student credit hours earned, excluding dual credit enrollment, weighted to account for cost differences by academic discipline and course level, such as lower and upper division baccalaureate, master’s, doctoral research, and doctoral professional; and
    3. Thirty percent (30%) of total university allocable resources shall be distributed in support of vital campus operations as follows:
      1. Ten percent (10%) shall be distributed based on each university’s share of Category I and Category II square feet, net of research, nonclass laboratory, and open laboratory space, to support maintenance and operation of campus facilities and may include a space utilization factor as determined by the council in collaboration with the working group established in subsection (11) of this section;
      2. Ten percent (10%) shall be distributed based on each university’s share of total instruction and student services spending, net of maintenance and operation, to support campus administrative functions; and
      3. Ten percent (10%) shall be distributed based on each university’s share of total full-time equivalent student enrollment to support academic support services such as libraries and academic computing.
  7. The funding formula for the KCTCS sector:
    1. Shall distribute one hundred percent (100%) of KCTCS institution allocable resources for all KCTCS colleges based on rational criteria, including student success, course completion, and operational support components, regardless of whether state funding for postsecondary institution operations increases, decreases, or remains stable;
    2. May include an adjustment to account for declining enrollment in some regions of the Commonwealth as determined by the council; and
    3. Shall be constructed to achieve equilibrium, at which point the funding formula rewards rates of improvement above the sector average rate.
  8. Funding for the KCTCS sector shall be distributed as follows:
    1. Thirty-five percent (35%) of total KCTCS institution allocable resources shall be distributed based on each college’s share of total student success outcomes produced, including but not limited to:
      1. Certificate, diploma, and associate degree production;
      2. Numbers of students progressing beyond fifteen (15), thirty (30), and forty-five (45) credit hour thresholds;
      3. Science, technology, engineering, math, and health credentials production;
      4. Production of high-wage, high-demand, industry credentials as determined using occupational outlook data and employment statistics wage data provided by the Department of Workforce Investment in the Education and Workforce Development Cabinet;
      5. Production of industry credentials designated as targeted industries by the Education and Workforce Development Cabinet;
      6. Credentials earned by low-income students, underprepared students, and underrepresented minority students; and
      7. Transfers to four (4) year institutions;
    2. Thirty-five percent (35%) of total KCTCS institution allocable resources shall be distributed based on each college’s share of total student credit hours earned, weighted to account for cost differences by academic discipline; and
    3. Thirty percent (30%) of total KCTCS institution allocable resources shall be distributed in support of vital campus operations as follows:
      1. Ten percent (10%) shall be distributed based on each college’s share of Category I and Category II square feet, net of research, nonclass laboratory, and open laboratory space, to support maintenance and operation of campus facilities and may include a space utilization factor as determined by the council in collaboration with the postsecondary education working group established in subsection (11) of this section;
      2. Ten percent (10%) shall be distributed based on each college’s share of total instruction and student services spending, net of maintenance and operation, to support campus administrative functions; and
      3. Ten percent (10%) shall be distributed based on each college’s share of total full-time equivalent student enrollment to support academic support services such as libraries and academic computing.
    1. The funding formula for both sectors shall include: (9) (a) The funding formula for both sectors shall include:
      1. A hold-harmless provision for fiscal year 2018-2019 preventing a reduction in an institution’s funding amount based solely on the formula calculation, and allowing a hold-harmless amount determined by the formula in fiscal year 2018-2019 to be deducted from an institution’s formula base amount in whole or in part in fiscal years 2019-2020 and 2020-2021, as determined by the council;
      2. A stop-loss provision for fiscal year 2019-2020 limiting the reduction in funding to any institution to one percent (1%) of that institution’s formula base amount; and
      3. A stop-loss provision for fiscal year 2020-2021 limiting the reduction in funding to any institution to two percent (2%) of that institution’s formula base amount.
    2. For fiscal year 2021-2022 and thereafter, hold-harmless and stop-loss provisions shall not be included in the funding formulas except by enactment of the General Assembly.
    3. Paragraph (a) of this subsection shall not be construed to limit the level of a budget reduction that may be enacted by the General Assembly or implemented by the Governor.
    1. By April 1, 2017, and each April 1 thereafter, the council shall certify to the Office of the State Budget Director the amount to be distributed to each of the public universities and KCTCS as determined by the comprehensive funding model created in this section, not to exceed the available balance in the postsecondary education performance fund created in subsection (13) of this section. (10) (a) By April 1, 2017, and each April 1 thereafter, the council shall certify to the Office of the State Budget Director the amount to be distributed to each of the public universities and KCTCS as determined by the comprehensive funding model created in this section, not to exceed the available balance in the postsecondary education performance fund created in subsection (13) of this section.
    2. The Office of the State Budget Director shall distribute the appropriations in the postsecondary education performance fund for that fiscal year to the institutions in the amounts the council has certified. The adjusted appropriations to each institution shall be allotted as provided in KRS 48.600 , 48.605 , 48.610 , 48.620 , and 48.630 .
    3. For fiscal year 2017-2018, the Office of the State Budget Director shall distribute to the public postsecondary education institutions, except for Kentucky State University, those funds appropriated to the postsecondary education performance fund by the General Assembly in 2016 Ky. Acts ch. 149, Part I, K., 12., in accordance with the comprehensive funding model created in this section.
    1. The Council on Postsecondary Education is hereby directed to establish a postsecondary education working group composed of the following: (11) (a) The Council on Postsecondary Education is hereby directed to establish a postsecondary education working group composed of the following:
      1. The president of the council;
      2. The president or designee of each public postsecondary institution, including the president of KCTCS;
      3. The Governor or designee;
      4. The Speaker of the House or designee; and
      5. The President of the Senate or designee.
    2. Beginning in fiscal year 2020-2021 and every three (3) fiscal years thereafter, the postsecondary education working group shall convene to determine if the comprehensive funding model is functioning as expected, identify any unintended consequences of the model, and recommend any adjustments to the model.
    3. The results of the review and recommendations of the working group shall be reported by the council to the Governor, the Interim Joint Committee on Appropriations and Revenue, and the Interim Joint Committee on Education.
  9. The council shall promulgate administrative regulations under KRS Chapter 13A to implement the provisions of this section.
    1. The postsecondary education performance fund is hereby established as an appropriation unit to support improvement in the operations of the public postsecondary institutions and achievement of the Commonwealth’s education policy goals and workforce development priorities. General fund moneys may be appropriated by the General Assembly to this fund for distribution to the public postsecondary institutions in amounts determined through the comprehensive funding model created in this section. (13) (a) The postsecondary education performance fund is hereby established as an appropriation unit to support improvement in the operations of the public postsecondary institutions and achievement of the Commonwealth’s education policy goals and workforce development priorities. General fund moneys may be appropriated by the General Assembly to this fund for distribution to the public postsecondary institutions in amounts determined through the comprehensive funding model created in this section.
    2. Any balance in the postsecondary education performance fund at the close of any fiscal year shall not lapse but shall be carried forward to the next fiscal year and be continuously appropriated for the purposes specified in this section. A general statement that all continuing appropriations are repealed, discontinued, or suspended shall not operate to repeal, discontinue, or suspend this fund or to repeal this action.

HISTORY: 2017 ch. 52, § 1, effective March 21, 2017; 2019 ch. 146, § 50, effective June 27, 2019.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 12, (1) at 898.

164.095. Postsecondary education accountability process — Annual accountability report.

  1. As used in this section, unless the context requires otherwise:
    1. “Disability” means hard of hearing, including deafness; speech or language impairment; visual impairment, including blindness; orthopedic impairment; other health impairment that substantially limits a major life activity; or specific learning problem.
    2. “Institution” means public universities, their subdivisions, and the Kentucky Community and Technical College System.
  2. It is the intent of the General Assembly that an accountability process be implemented which provides for a systematic ongoing evaluation of quality and effectiveness in Kentucky postsecondary educational institutions and to provide a method for evaluating each institution’s progress toward meeting specific goals, principles, strategies, objectives, and benchmarks as set forth in the strategic agenda established in KRS 164.0203 . It is further the intent of the General Assembly that the accountability process monitor performance at the institutions in each of the major areas of instruction, research, and public service, while recognizing the individual missions of each of the institutions. The accountability process shall provide for the adoption of systemwide and individual performance goals with standards identified with the advice of the postsecondary educational institutions and the Council on Postsecondary Education.
  3. The Council on Postsecondary Education shall develop and implement a system of accountability for the postsecondary education institutions that measures:
    1. Educational quality and educational outcomes;
    2. Student progress in the postsecondary system;
    3. Research and service activities;
    4. Use of resources;
    5. Other performance or outcomes that support the achievement of the strategic agenda, including involvement in quality enhancement of elementary and secondary education; and
    6. Other indicators as deemed appropriate by the Council on Postsecondary Education.
  4. The Council on Postsecondary Education shall collect information, maintain a comprehensive database, and publish reports on the condition of the postsecondary education system that include but are not limited to student enrollments, utilization of facilities, and the finances of the institutions.
  5. The Council on Postsecondary Education shall submit to the Governor and the Legislative Research Commission an annual accountability report providing information on the implementation of performance standards and the achievement of the performance goals during the prior year and initiatives to be undertaken during the next year.

History. Enact. Acts 1992, ch. 236, § 1, effective July 14, 1992; 1997 (1st Ex. Sess.), ch. 1, § 84, effective May 30, 1997.

164.097. Certification of postsecondary institutions to receive funds for teacher education or model program.

No postsecondary education institution shall receive funds from the Council on Postsecondary Education from any trust fund for the purposes of teacher education or model programs of teaching and learning unless the Education Professional Standards Board has certified to the council that the institution has met the following conditions:

  1. The college or university has developed viable partnerships with local school districts and schools;
  2. There is evidence of ongoing dialogue and collaboration among liberal arts and sciences faculty and administrators with faculty and administrators in the department, school, or college of education;
  3. The college or university has demonstrated a commitment to participate in teacher academies;
  4. The college or university has an active recruitment plan for attracting and retaining minority faculty as well as students, and particularly in the department, school, or college of education;
  5. The college or university has initiated the development of incentives or rewards for faculty across the institution to participate in service activities to local schools;
  6. The department, school, or college of education has developed at least one (1) accelerated alternative plan for teacher education or nontraditional program of teacher preparation, or commits to developing an accelerated alternative or nontraditional program;
  7. The department, school, or college of education provides consistent and quality classroom and field experiences, including early practicums and student teaching experience for all students;
  8. The department, school, or college of education has, as an element of its curriculum, substantial course work and classroom and field experiences directly addressing teacher training in classroom management;
  9. There are no major accreditation deficiencies; and
  10. The institution has demonstrated at least one (1) or more innovations in teacher education.

History. Enact. Acts 2000, ch. 527, § 8, effective July 14, 2000.

164.098. Duties of Council on Postsecondary Education relating to advanced placement, dual enrollment, and dual credit programs.

  1. The Council on Postsecondary Education shall promulgate administrative regulations that require public postsecondary educational institutions to grant credit toward graduation to a student who scores at least “3” on a College Board Advanced Placement examination.
  2. The Council on Postsecondary Education shall publish information, in print and electronic format, about the scores required on College Board Advanced Placement examinations at which credit toward graduation and completion of degree requirements will be granted at all Kentucky public and private postsecondary educational institutions.
  3. The Council on Postsecondary Education, in conjunction with the Kentucky Board of Education and the Education Professional Standards Board, shall develop guidelines for content knowledge and teacher training in dual enrollment and dual credit programs offered in Kentucky.

History. Enact. Acts 2002, ch. 97, § 5, effective July 15, 2002; 2008, ch. 134, § 20, effective July 15, 2008.

University of Kentucky

164.100. University of Kentucky recognized.

The University of Kentucky located at Lexington, is recognized as established and maintained. It is the institution that was founded under the land grant of 1862 by the Congress of the United States under the corporate designation and title of “Agricultural and Mechanical College of Kentucky.” The university shall be maintained by the state with such endowments, incomes, buildings and equipment as will enable it to do work such as is done in other institutions of corresponding rank, both undergraduate and postgraduate, and embracing the work of instruction as well as research.

History. 4527-11.

NOTES TO DECISIONS

  1. Admission.
  2. Power of Board of Trustees.
  3. Immunity.
1. Admission.

The refusal to admit a black to the graduate school of the University of Kentucky solely because of his race and color constituted a denial of rights secured under the U.S. Const., 14th Amend.Johnson v. Board of Trustees, 83 F. Supp. 707, 1949 U.S. Dist. LEXIS 2926 (D. Ky. 1949 ).

2. Power of Board of Trustees.

The board of trustees of the University of Kentucky is an independent agency and an instrumentality of the Commonwealth of Kentucky with exclusive jurisdiction, power over and control of appointments and removals, qualifications, salary and compensation, as well as promotions, regulations and retirement benefits of all employees of the University of Kentucky. Board of Trustees v. Public Employees Council No. 51 American Federation of States, etc, 571 S.W.2d 616, 1978 Ky. LEXIS 393 ( Ky. 1978 ).

The board of trustees of the University of Kentucky is authorized to contractually commit itself to a specified wage scale, employee retirement plan, work schedule or other authorized condition of employment with an individual employee or with authorized representatives of groups of employees, including a union representative authorized to represent a group of employees insofar as permitted by statute. Board of Trustees v. Public Employees Council No. 51 American Federation of States, etc, 571 S.W.2d 616, 1978 Ky. LEXIS 393 ( Ky. 1978 ).

The right to join a union emanates from the rights of freedom of expression and association guaranteed by the Constitution of Kentucky and the United States Constitution, and the board of trustees of the University of Kentucky may not, without showing a paramount public interest, lawfully prohibit its nonacademic employees from membership in a union. Board of Trustees v. Public Employees Council No. 51 American Federation of States, etc, 571 S.W.2d 616, 1978 Ky. LEXIS 393 ( Ky. 1978 ).

Since there is no duty on the part of the board of trustees of the University of Kentucky to discuss or negotiate with any employee or representative of a group of employees and the board having exclusive jurisdiction by statute to control appointments, removals, qualifications, salary and compensation, as well as promotions, regulations and retirement benefits of all the employees of the University, the board does not have the power to enter into an agreement with the authorized representative of one group of employees which would prohibit it from negotiating or contracting with an authorized representative of any other group of employees. Board of Trustees v. Public Employees Council No. 51 American Federation of States, etc, 571 S.W.2d 616, 1978 Ky. LEXIS 393 ( Ky. 1978 ).

3. Immunity.

A suit against the University of Kentucky (UK) Board of Trustees and its employees in its official capacity was fairly characterized as a suit against the “state” for purposes of Eleventh Amendment immunity; therefore, the District Court properly dismissed claims against UK and its officials. Hutsell v. Sayre, 5 F.3d 996, 1993 U.S. App. LEXIS 24888 (6th Cir. Ky. 1993 ), cert. denied, 510 U.S. 1119, 114 S. Ct. 1071, 127 L. Ed. 2d 389, 1994 U.S. LEXIS 1541 (U.S. 1994).

The University of Kentucky and its Medical Center are entitled to sovereign immunity under Ky. Const., § 231. Withers v. University of Kentucky, 939 S.W.2d 340, 1997 Ky. LEXIS 29 ( Ky. 1997 ).

164.110. Acts assenting to Acts of Congress for agricultural experiment work continue in force and apply to University of Kentucky.

All acts of the General Assembly giving assent to Acts of Congress providing aid for agricultural and mechanical colleges and for agricultural extension and experiment work, shall, unless heretofore repealed, remain in force and apply to the University of Kentucky. The revenue arising from such Acts of Congress shall continue to be made available to the University of Kentucky for its use in accordance with the provisions of such acts. All regulations made by the board of trustees of the Agricultural and Mechanical College for its government, in accordance with acts of the General Assembly, shall continue in force and apply to the government of the University of Kentucky, except to the extent set out in this chapter or specifically repealed.

History. 4527-29, 4527-30, 4636b-7, 4636f-8, 4636f-9, 4636h-1, 4636h-2.

Research References and Practice Aids

Cross-References.

Tax for benefit of Agricultural and Mechanical College to continue in force until changed by law, Ky. Const., § 184.

164.120. Colleges maintained — What constitutes University of Kentucky.

The University of Kentucky includes the following colleges and schools: The College of Arts and Science, The College of Agriculture, The College of Engineering, The College of Law, The College of Education, The College of Commerce, and The Graduate School. The colleges, schools, divisions, departments, bureaus and offices now established and maintained or which in the future may be established by the board of trustees of the university shall constitute the University of Kentucky. The branches of learning required by the Act of Congress approved July 2, 1862, shall continue to be integral and indispensable courses of instruction at the university.

History. 4527-12, 4527-30.

NOTES TO DECISIONS

Cited:

Johnson v. Board of Trustees, 83 F. Supp. 707, 1949 U.S. Dist. LEXIS 2926 (D. Ky. 1949 ).

Research References and Practice Aids

Cross-References.

Agricultural experiment station, KRS 247.020 to 247.050 .

Agricultural seed law, duties of agricultural experiment station as to, KRS 250.081 , 250.101 , 250.111 .

Archaeological sites, duties of Department of Anthropology in regard to, KRS 164.705 to 164.735 .

Dean of engineering school is member of State Board of Registration for Engineers, KRS 322.230 .

164.122. Elizabethtown Extension Center. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 82, § 1) was repealed by Acts 1962, ch. 72, § 7.

164.124. Appointment of advisory boards. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 82, § 2) was repealed by Acts 1962, ch. 72, § 7.

164.125. University programs.

  1. The University of Kentucky shall provide:
    1. Upon approval of the Council on Postsecondary Education, associate and baccalaureate programs of instruction;
    2. Upon approval of the Council on Postsecondary Education, master degree programs, specialist degree programs above the master’s-degree level, and joint doctoral programs in cooperation with other public postsecondary educational institutions in the state;
    3. Upon approval of the Council on Postsecondary Education, doctoral and post-doctoral programs and professional instruction including law, medicine, dentistry, education, architecture, engineering, and social professions.
  2. The University of Kentucky shall be the principal state institution for the conduct of statewide research and statewide service programs and shall be the primary institution authorized to expend state general fund appropriations on research and service programs of a statewide nature financed principally by state funds. As applied in this section, research and service programs of a statewide nature shall be programs requiring the establishment and operation of facilities or centers outside of the primary service area of the institution. In carrying out its statewide mission, the University of Kentucky shall conduct statewide research and provide statewide services including, but not limited to, agricultural research and extension services, industrial and scientific research, industrial technology extension services to Kentucky employers, and research related to the doctoral, professional, and post-doctoral programs offered within the university. The university may establish and operate centers and utilize state appropriations and other resources to carry out the necessary research and service activities throughout the state. The university may enter into joint research and service activities with other universities in order to accomplish its statewide mission. Nothing contained in this subsection shall limit the authority of the Council on Postsecondary Education to establish instructional programs that are consistent with the strategic agenda.

History. Enact. Acts 1966, ch. 6, § 3; 1972, ch. 39, § 3; 1978, ch. 155, § 108, effective June 17, 1978; 1997 (1st Ex. Sess.), ch. 1, § 85, effective May 30, 1997; 2005, ch. 29, § 3, effective June 20, 2005.

NOTES TO DECISIONS

1. Immunity.

A suit against the University of Kentucky (UK) Board of Trustees and its employees in its official capacity was fairly characterized as a suit against the “state” for purposes of Eleventh Amendment immunity; therefore, the District Court properly dismissed claims against UK and its officials. Hutsell v. Sayre, 5 F.3d 996, 1993 U.S. App. LEXIS 24888 (6th Cir. Ky. 1993 ), cert. denied, 510 U.S. 1119, 114 S. Ct. 1071, 127 L. Ed. 2d 389, 1994 U.S. LEXIS 1541 (U.S. 1994).

The University of Kentucky and its Medical Center are entitled to sovereign immunity under the Constitution. Withers v. University of Kentucky, 939 S.W.2d 340, 1997 Ky. LEXIS 29 ( Ky. 1997 ).

University of Kentucky’s immunity extends to the University of Kentucky Medical Center and University Hospital of the Albert B. Chandler Medical Center, Inc. (UKMC), which had been found to be essential to the University’s mandate to provide postdoctoral students in medicine, which is indicative that UKMC has governmental immunity; UKMC was entitled to governmental immunity and the trial court properly granted its motion to dismiss. Pauly v. Chang, 498 S.W.3d 394, 2015 Ky. App. LEXIS 172 (Ky. Ct. App. 2015).

164.130. Board of trustees. [Repealed.]

Compiler’s Notes.

This section (Repealed, reenact. and amend. Acts 1988, ch. 53, § 1, effective July 15, 1988; 1990, ch. 504, § 2, effective July 13, 1990) was repealed by Acts 1992, ch. 10, § 21, effective July 14, 1992. For present law see KRS 164.131 .

164.131. Board of Trustees of University of Kentucky — Membership — Terms — Grounds for removal and replacement of all board members.

    1. The government of the University of Kentucky is vested in a board of trustees appointed for a term set by law pursuant to Section 23 of the Constitution of Kentucky. (1) (a) The government of the University of Kentucky is vested in a board of trustees appointed for a term set by law pursuant to Section 23 of the Constitution of Kentucky.
    2. All appointed and elected persons shall be required to attend and complete an orientation and education program prescribed by the council under KRS 164.020(25), as a condition of their service and eligibility for appointment or election to a second term.
    3. The board shall periodically evaluate the institution’s progress in implementing its missions, goals, and objectives to conform to the strategic agenda. Officers and officials shall be held accountable for the status of the institution’s progress.
    4. Board members may be removed by the Governor under the following circumstances:
      1. For cause, pursuant to KRS 63.080(2); or
      2. Pursuant to KRS 63.080(3) or (4).
    5. The board shall consist of sixteen (16) members appointed by the Governor, two (2) members of the faculty of the University of Kentucky, one (1) member of the University of Kentucky nonteaching personnel, and one (1) member of the student body of the University of Kentucky. The members appointed by the Governor shall be subject to confirmation by the Senate. The voting members of the board shall select a chairperson annually.
    1. The terms of the appointed members shall be for six (6) years and until their successors are appointed and qualified, unless a member is removed by the Governor pursuant to KRS 63.080(2), (3), or (4); except the initial appointments shall be as follows: (2) (a) The terms of the appointed members shall be for six (6) years and until their successors are appointed and qualified, unless a member is removed by the Governor pursuant to KRS 63.080(2), (3), or (4); except the initial appointments shall be as follows:
      1. Two (2) members shall serve one (1) year terms;
      2. Two (2) members shall serve two (2) year terms, one (1) of whom shall be a graduate of the university, selected from a list of three (3) names submitted by the alumni of the university according to rules established by the board of trustees;
      3. Three (3) members shall serve three (3) year terms;
      4. Three (3) members shall serve four (4) year terms, one (1) of whom shall be a graduate of the university, selected as under subparagraph 2. of this subsection;
      5. Three (3) members shall serve five (5) year terms; and
      6. Three (3) members shall serve six (6) year terms, one (1) of whom shall be a graduate of the university, selected as under subparagraph 2. of this subsection.
      1. Three (3) of the appointments shall be graduates of the university and may include one (1) graduate of the institution who resides outside the Commonwealth; (b) 1. Three (3) of the appointments shall be graduates of the university and may include one (1) graduate of the institution who resides outside the Commonwealth;
      2. Three (3) shall be representative of agricultural interests; and
      3. Ten (10) shall be other distinguished citizens representative of the learned professions and may include one (1) who resides outside of Kentucky.
    2. The Governor shall make the appointments so as to reflect proportional representation of the two (2) leading political parties of the Commonwealth based on the state’s voter registration and the political affiliation of each appointee as of December 31 of the year preceding the date of his or her appointment, and to reflect no less than proportional representation of the minority racial composition of the Commonwealth based on the total minority racial population using the most recent census or estimate data from the United States Census Bureau. If the determination of proportional minority representation does not result in a whole number of minority members, it shall be rounded up to the next whole number. A particular political affiliation shall not be a prerequisite to appointment to the board generally; however, if any person is appointed to the board that does not represent either of the two (2) leading political parties of the Commonwealth, the proportional representation by political affiliation requirement shall be determined and satisfied based on the total number of members on the board less any members not affiliated with either of the two (2) leading political parties.
    3. Appointments to fill vacancies shall be made for the unexpired term in the same manner as provided for the original appointments.
  1. The two (2) University of Kentucky faculty members shall be of the rank of assistant professor or above. They shall be elected by secret ballot by all University of Kentucky faculty members of the rank of assistant professor or above. Faculty members shall serve for terms of three (3) years and until their successors are elected and qualified. Faculty members shall be eligible for reelection, but they shall be ineligible to continue to serve as members of the board of trustees if they cease to be members of the faculty of the university. Elections to fill vacancies shall be for the unexpired term in the same manner as provided for original elections.
  2. The nonteaching personnel member shall be any full-time staff member, excluding the president, vice-presidents, academic deans, and academic department chairpersons. The staff member shall represent all nonteaching university employees, including but not limited to building facilities and clerical personnel. The staff member shall be elected by secret ballot by the nonteaching employees. The staff member shall serve a term of three (3) years and until a successor is elected and qualified. The staff member shall be eligible for reelection, but a staff member who ceases being an employee of the university shall not be eligible to continue to serve as a member of the board. Elections to fill vacancies shall be for the unexpired term and shall be held in the same manner as provided for the original election.
  3. The student member shall serve a one (1) year term beginning on July 1 after being elected and sworn in as student body president and ending on the following June 30. If the student member does not maintain the position of student body president or the status of a full-time student at any time during that academic year, a special election shall be held to select a full-time student member. The elected student member shall serve for the remainder of the unexpired term.
  4. The number of student and employee trustees of the University of Kentucky elected to the board shall not exceed four (4).
  5. Unless specifically approved by the board of trustees under the provisions of KRS 164.367 , no member of the administrative staff of the university shall be directly or indirectly interested in any contract with the university for the sale of property, materials, supplies, equipment, or services, with exception of compensation to the two (2) faculty members, and the one (1) nonteaching personnel member.
  6. New appointees of the board shall not serve more than two (2) consecutive terms.
  7. The inability of the board to hold regular meetings, to elect a chairperson annually, to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an annual evaluation of the president of the university, or to carry out its primary function to periodically evaluate the institution’s progress in implementing its mission, goals, and objectives to conform to the strategic agenda shall be cause for the Governor to remove all appointed members of the board and replace the entire appointed membership  pursuant to KRS 63.080(4).

History. Enact. Acts 1992, ch. 10, § 4, effective July 1, 1992; 1997 (1st Ex. Sess.), ch. 1, § 86, effective May 30, 1997; 1998, ch. 251, § 1, effective July 15, 1998; 2005, ch. 59, § 1, effective June 20, 2005; 2007, ch. 113, § 2, effective June 26, 2007; 2016 ch. 136, § 3, effective July 15, 2016; 2017 ch. 101, § 4, effective March 21, 2017.

Compiler’s Notes.

Section 22 of Acts 1992, ch. 10 provided:

“This section shall prevail over any conflicting provision of this Act. Effective July 1, 1992, all university governing boards established pursuant to KRS 164.130 (repealed), 164.320 (repealed), and 164.820 (repealed) and the Council on Higher Education established pursuant to KRS 164.010 shall be abolished and the terms of members serving on the boards and the council on June 30, 1992, shall be terminated. Members who serve on a university governing board on that date as a faculty, staff, alumni, or student member shall be appointed to their respective, newly-created boards to serve as those representatives for a term set pursuant to Sections 4, 5, and 6 of the Act, except the terms of the faculty members of each board established in Sections 4 and 5 shall be until the expiration of the term for which they were elected to serve on the board pursuant to KRS 164.130 and 164.320 . All other gubernatorial appointments to the university governing boards and the Council on Higher Education established pursuant to Section 4, 5, 6, and 7 of this Act shall be made in accordance with the procedure established in Section 3, except as follows:

“(1) In making the initial gubernatorial appointments to the University of Kentucky Board of Trustees established in Section 4 of this Act, the Governor shall consider the thirteen (13) lay members serving on June 30, 1992, and twenty-six (26) names submitted by the Nominating Committee. Of the thirteen (13) appointments, the Governor shall appoint six (6) members who served on June 30, 1992, to the newly-created board;

“(2)***.

NOTES TO DECISIONS

1. Appointments.

This section as enacted by the legislature permitted the Governor to make appointments to the Board of Trustees. There was no limitation in that statute which prohibited the Governor from being a board member or from appointing himself; the legislature made no exception to the qualified persons whom the Governor could appoint to the at large seats on the Board of Trustees. It would seem apparent that the General Assembly did not intend any such exception to be applicable to the Governor because the legislature had enacted other statutes to prohibit certain office holders from holding a second office. Commonwealth v. Wilkinson, 828 S.W.2d 610, 1992 Ky. LEXIS 111 ( Ky. 1992 ), overruled in part, Commonwealth Ex Rel. Conway, 300 S.W.3d 152, 2009 Ky. LEXIS 290 ( Ky. 2009 ) (decided under prior law).

Research References and Practice Aids

Kentucky Bench & Bar.

Lear and Fleenor, Board and Commission Appointments: Executive Power — With Limits, Vol. 72, No. 4, July 2008, Ky. Bench & Bar 23.

164.140. Selection of alumni trustees.

The board of trustees of the university shall prescribe the method by which the alumni may, at their annual meeting or at a special meeting called for that purpose, nominate to the Governor three (3) persons from whom the alumni members shall be appointed. No alumnus shall be permitted to vote for the nomination of alumni trustees in the year in which he secures his degree. If the alumni fail to make nominations to the Governor for any year in which nominations are to be made, the Governor shall for that year appoint the alumni trustees from the entire alumni, a list of which shall be provided by the secretary of the alumni association.

History. 4527-13.

164.150. Trustees not public officers — Exception.

No member of a governing board of a public institution of postsecondary education shall be held to be a public officer by reason of his membership on the board except as provided in KRS 45A.335 for the purpose of KRS 45A.340 .

History. 4527-13; amend. Acts 1978, ch. 392, § 4, effective June 17, 1978; 1980, ch. 188, § 123, effective July 15, 1980; 1992, ch. 10, § 17, effective July 1, 1992; 1997 (1st Ex. Sess.), ch. 1, § 87, effective May 30, 1997.

NOTES TO DECISIONS

1. Elected Constitutional Office.

This section specifically provides that Trustees of the University of Kentucky are not public officers except for certain limited purposes in connection with the state procurement code. Therefore, there would be no incompatibility between an elected constitutional office and service as a Trustee. Commonwealth v. Wilkinson, 828 S.W.2d 610, 1992 Ky. LEXIS 111 ( Ky. 1992 ), overruled in part, Commonwealth ex rel. Conway v. Thompson, 300 S.W.3d 152, 2009 Ky. LEXIS 290 ( Ky. 2009 ).

Cited:

Reynolds v. Board of Education, 311 Ky. 458 , 224 S.W.2d 442, 1949 Ky. LEXIS 1156 ( Ky. 1949 ).

Opinions of Attorney General.

Since this section provides that the university’s trustees are not public officials, there is no conflict between serving as a trustee and holding an elective office. OAG 94-5 .

164.160. Trustees constitute body corporate — Power to receive and administer revenue and property.

The board of trustees shall be a body corporate, under the name of board of trustees of the University of Kentucky, with the usual corporate powers, and shall possess all the immunities, rights, privileges and franchises usually attaching to the governing bodies of educational institutions. It may receive, hold and administer, on behalf of the university, subject to the conditions attached, all revenues accruing from endowments, appropriations, allotments, grants or bequests, and all types of property.

History. 4527-18.

NOTES TO DECISIONS

1. Authority of Trustees.

Appropriation of sum of money for general purpose of capital outlay at University of Kentucky was not invalid by reason of not being sufficiently specific, since the appropriation must be considered in the light of the authority given the board of trustees to determine, in the exercise of a reasonable discretion, the needs and requirements of the University and to make the necessary expenditures. Commonwealth ex rel. Meredith v. Johnson, 292 Ky. 288 , 166 S.W.2d 409, 1942 Ky. LEXIS 73 ( Ky. 1942 ).

Opinions of Attorney General.

The governing bodies of the state university and colleges, under their power of appointment and their power to operate the institutions, have an area of reasonable discretion in effecting payment of recruiting expenses such as travel and lodging, whether those interviewed are employed or not, out of funds labelled “general expense.” OAG 64-421 .

164.165. University may operate printing plant.

The University of Kentucky, a state educational institution of higher learning which has an established printing plant therein and which is engaged in the publication of scholarly works as a related educational activity, may engage in the usual activities related to editing and publishing such scholarly works, including the printing thereof, for persons, or entities, engaged in any phase of higher education or related activities.

History. Enact. Acts 1966, ch. 130.

164.170. Meetings of board — Quorum — Expenses — Public character.

  1. The board of trustees of the university shall meet quarterly. Special meetings may be called by the chairperson or by any three (3) members upon giving ten (10) days’ written notice to each member of the board of trustees. The business to be transacted at special meetings shall be specified in the notice of the meeting. All meetings shall be held on the campus of the university unless otherwise specified by a majority vote of the board of trustees. A majority of the voting members of the board of trustees shall constitute a quorum. All necessary expenses incurred by the trustees in going to, returning from and while attending meetings of the board of trustees shall be paid out of the funds of the university, except a member who resides outside the Commonwealth shall not be reimbursed for out-of-state travel.
  2. The meetings of the board of trustees shall be open to the public. The board of trustees shall cause a stenographic transcript of each of its meetings to be prepared and filed. An agenda for each of the meetings shall be sent to each member of the board of trustees and a copy made available to the press.

History. 4527-14 to 4527-16; amend. Acts 1960, ch. 112, § 2; 1992, ch. 10, § 12, effective July 1, 1992; 2004, ch. 39, § 1, effective July 13, 2004.

Opinions of Attorney General.

Under subsection (2) of this section, the provision of an agenda for both voting and nonvoting members of the board is mandatory. OAG 70-199 .

This section applies to the meetings, regular or special, mentioned in subsection (1) of this section, but not to any other assembly of the board of trustees where no formal action is taken and, specifically, the mandate that meetings shall be open to the public does not apply to the assembling of the board for lunch and informal discussion, but what is mandated is that all meetings, regular and special, where official decisions are made and recorded, shall be open to the public. OAG 73-214 .

164.180. Officers of board — Bylaws, rules, or regulations.

  1. The board of trustees may elect a vice chairman and such other officers as it deems wise, and shall adopt such bylaws, rules, and regulations consistent with this chapter as it deems proper.
  2. The bylaws, rules, or regulations adopted by the board pursuant to subsection (1) of this section shall reference the member removal and replacement provisions of KRS 63.080 .

History. 4527-17; 2017 ch. 101, § 5, effective March 21, 2017.

164.190. Executive committee.

The board of trustees shall annually elect an executive committee of five (5) members, which shall have the powers that the board delegates to it. The executive committee shall submit to the board of trustees at each meeting, for its consideration and approval, a complete record of the proceedings of the executive committee. The authority of the board to revise the acts of the executive committee does not extend to the rejection of any valid or any authenticated expenditure of money by the executive committee.

History. 4527-27.

164.200. Regulations for university — Physical training and discipline of students.

The board of trustees may establish proper regulations for the government of the university and the physical training, military or otherwise, of the students. It may authorize the suspension and dismissal of students for neglect or violation of the regulations, or for other conduct prejudicial to the character and welfare of the university.

History. 4527-20.

Opinions of Attorney General.

Failure of a grand jury to indict a student did not constitute a bar to disciplinary action administered by the university for the conduct complained of. OAG 69-357 .

The establishment of regulations which may limit the access of students and/or nonstudents to the campus, or which may condition their access upon certain reasonable requirements based upon the necessity for preservation of order and/or protection of students, staff or facilities is a proper exercise of the board’s legal authority. OAG 69-357 .

There can be no question of double jeopardy involved in the meting out of disciplinary action by a state university for conduct which is also prosecuted in the courts as a violation of state and/or federal law. OAG 69-357 .

Where there was no apparent abuse of discretion on the part of the editor of the university yearbook, no action would lie for the misuse of public funds where the subscribers to the yearbook objected to its content. OAG 70-496 .

Where the obscenity in a student publication would appear to offend the university code’s standards of conduct for a student free press and the standards for student conduct, the university is properly within its lawful authority in refusing to accede to the request for university distribution of the publication. OAG 70-790 .

164.210. Colleges, departments, and bureaus determined by trustees.

The trustees may determine from time to time the colleges, schools, divisions, departments, bureaus, and offices which the university shall comprise within the scope of the Acts of Congress approved July 2, 1862, and Acts supplementary thereto, and the relation which each division shall sustain to each other division and to the whole. They may devise, allot, and arrange the distribution of divisions with the designation appropriate for each, and devise the means required for their effective instruction, administration, and government. They may do all other acts that are needful for the welfare of the university.

History. 4527-21.

Research References and Practice Aids

Cross-References.

Kentucky geological survey established at university, KRS 151.010 .

164.220. Appointment, salaries and retirement benefits of university personnel.

  1. The board of trustees may appoint a president, professors, assistants, tutors and other personnel and determine the compensation, duties and official relations of each. In the appointment of presidents, professors or instructors no preference shall be shown to any religious denomination.
  2. The board of trustees shall provide the compensation for all positions created and filled by the board. In addition thereto the board may provide for employee retirement benefits and such other employee benefits as are related to the respective employments and services rendered.
  3. The board of trustees may establish and maintain such retirement plan or plans as it may deem to be for the best interests of the University of Kentucky, including, but without limitation, the retirement ages, the benefits of such employees including group insurance, annuities, establishment of a trust fund or funds; and, the amounts to be paid or contributed by such employees and the amounts to be paid or contributed by the University of Kentucky and other appropriate terms and provisions with respect thereto.

History. 4527-21, 4527-24; amend. Acts 1964, ch. 82.

NOTES TO DECISIONS

Cited:

Board of Trustees v. Public Employees Council No. 51 American Federation of States, etc, 571 S.W.2d 616, 1978 Ky. LEXIS 393 ( Ky. 1978 ); Fayette County Education Asso. v. Hardy, 626 S.W.2d 217, 1980 Ky. App. LEXIS 438 (Ky. Ct. App. 1980).

Opinions of Attorney General.

The governing bodies of the state university and colleges, under their power of appointment and their power to operate the institutions, have an area of reasonable discretion in effecting payment of recruiting expenses such as travel and lodging, whether those interviewed are employed or not, out of funds labelled “general expense.” OAG 64-421 .

Research References and Practice Aids

Cross-References.

Social security coverage for employees of state colleges, KRS 61.435 .

164.225. Board’s exclusive jurisdiction over appointments, qualifications, compensation, promotions, and retirement programs.

Anything in any statutes of the Commonwealth to the contrary notwithstanding, the power over and control of appointments, qualifications, salaries, and compensation payable out of the State Treasury or otherwise, promotions and official relations of all employees of the University of Kentucky, as provided in KRS 164.220 , and, subject to any restrictions imposed by general law, the retirement ages and benefits of such employees shall be under the exclusive jurisdiction of the board of trustees of the University of Kentucky, which shall be an independent agency and instrumentality of the Commonwealth. No relative of a board of trustee member shall be employed by the university.

History. Enact. Acts 1952, ch. 28, § 1; 1992, ch. 10, § 13, effective July 1, 1992.

NOTES TO DECISIONS

Cited:

Board of Trustees v. Public Employees Council No. 51 American Federation of States, etc, 571 S.W.2d 616, 1978 Ky. LEXIS 393 ( Ky. 1978 ); Fayette County Education Asso. v. Hardy, 626 S.W.2d 217, 1980 Ky. App. LEXIS 438 (Ky. Ct. App. 1980).

Opinions of Attorney General.

The governing bodies of the state university and colleges, under their power of appointment and their power to operate the institutions, have an area of reasonable discretion in effecting payment of recruiting expenses such as travel and lodging, whether those interviewed are employed or not, out of funds labelled “general expense.” OAG 64-421 .

A person may be elected or appointed to a state college or university board of regents or trustees if that person has a relative who is employed by the college or university prior to the election or appointment of the regent or trustee. OAG 2015-09

Research References and Practice Aids

Kentucky Law Journal.

Kentucky Law Survey, Hanley and Schwemm, Education: Teacher’s Rights, 67 Ky. L.J. 721 (1978-1979).

Northern Kentucky Law Review.

Zielke, Public Sector Labor Law in Kentucky, 6 N. Ky. L. Rev. 327 (1979).

164.230. Removal of professors, officers and employees.

The board of trustees has full power to suspend or remove any of the officers, teachers, professors or agents that it is authorized to appoint, but no president, professor or teacher shall be removed except for incompetency, neglect of or refusal to perform his duty, or for immoral conduct. A president, professor or teacher shall not be removed until after ten (10) days’ notice in writing, stating the nature of the charges preferred, and after an opportunity has been given him to make defense before the board by counsel or otherwise and to introduce testimony which shall be heard and determined by the board.

History. 4527-21, 4527-22.

NOTES TO DECISIONS

Cited:

Board of Trustees v. Public Employees Council No. 51 American Federation of States, etc, 571 S.W.2d 616, 1978 Ky. LEXIS 393 ( Ky. 1978 ); Fayette County Education Asso. v. Hardy, 626 S.W.2d 217, 1980 Ky. App. LEXIS 438 (Ky. Ct. App. 1980).

Research References and Practice Aids

Kentucky Law Journal.

Comments, The Dismissal of Public School Teachers for Aberrant Behavior, 64 Ky. L.J. 911 (1975-76).

164.240. Degrees granted by trustees.

The board of trustees may grant degrees to graduates of the university, prescribe conditions upon which postgraduate honors may be obtained, and confer such honorary degrees, upon the recommendation of the faculty of the university, as it thinks proper.

History. 4527-25.

Research References and Practice Aids

Cross-References.

State Theatre of Kentucky, college accreditation, KRS 153.110 .

164.250. Report to legislature.

The board of trustees shall make a full report to the General Assembly, within the first month of each even-numbered-year regular session, of the condition and operation of the university since the date of the previous report, with such recommendations concerning the university as are deemed necessary.

History. 4527-26; amend. Acts 2001, ch. 58, § 21, effective June 21, 2001.

Research References and Practice Aids

Cross-References.

Reports to be made to State Board of Education, KRS 157.060 .

164.260. Purchase or condemnation of property.

The board of trustees may acquire additional lands or other property or material under KRS 45.750(1)(f) and 164A.575 for the purpose of expanding its plant and extending its usefulness. When unable to contract with the owner of land or other property or material necessary for the purposes of the university, it may acquire the same by condemnation proceedings in the manner provided in the Eminent Domain Act of Kentucky.

History. 4527-19; amend. Acts 1976, ch. 140, § 68; 1997 (1st Ex. Sess.), ch. 1, § 88, effective May 30, 1997.

Research References and Practice Aids

Cross-References.

Commonwealth to be named as grantee of property, KRS 56.030 .

Eminent Domain Act of Kentucky, KRS 416.540 to 416.680 .

164.270. Sale of realty — When authorized.

Whenever any real estate held by the Commonwealth for the use or benefit of the University or the Kentucky agricultural experiment station is, in the opinion of the board of trustees of the University, no longer necessary for the purpose of the University or more suitable for some other use consistent with the interests of the University, the board of trustees may, with the approval of the Governor, sell or otherwise dispose of such real estate. Such disposition shall be made in accordance with KRS 45A.045 . This section does not authorize the sale of any real estate situated in the city of Lexington within the area bounded by Winslow Street or Euclid Avenue on the north, Rose Street on the east, Graham Avenue, Graham Avenue extended, and Washington Avenue on the south, and Limestone Street on the west.

History. 4636L-1; amend. Acts 1966, ch. 132, § 1; 1990, ch. 496, § 49, effective July 13, 1990.

164.280. Treasurer of university.

The treasurer of the university shall keep an itemized account of receipts and expenditures, and shall pay out no money except on authorization of the board of trustees, given directly or through its executive committee. He shall render to the executive committee monthly statements of receipts and expenditures, and amount on hand, and a full detailed statement, with vouchers, for the information and action of the board of trustees at its regular annual meeting, and at other periods when required.

History. 4527-28; amend. Acts 1946, ch. 27, § 42.

Research References and Practice Aids

Cross-References.

Budget and financial administration, Ch. 45.

Reports of financial condition to be made to State Board of Education, KRS 157.060 .

Institutions of Higher Learning

164.281. Public institution of postsecondary education criminal history background checks — Initial hires, contractors, employees, volunteers, visitors — Disclosures — Termination.

  1. Each public institution of postsecondary education shall require a criminal history background check on all initial hires.
    1. The background check shall consist of a state criminal history background check and a national criminal history background check.
    2. Applications shall authorize the appropriate agency to search police records for convictions and make results known to the institution, and the institution may require the applicant to bear the cost of the criminal history background check.
  2. Each public institution of postsecondary education may require a criminal history background check on a contractor, employee of a contractor, volunteer for the institution or a program of the institution, or visitor, subject to the same terms and conditions as in subsection (1) of this section.
  3. If, upon review of the results of the criminal history background check, a public institution of postsecondary education finds that the applicant, contractor, employee of a contractor, volunteer, or visitor has been convicted of, pled guilty to, or entered an Alford plea to a sex crime as specified in KRS 17.500 or a violent offense as specified in KRS 439.3401 , the institution may:
    1. Deny employment or modify the conditions of employment to provide for appropriate supervision;
    2. Deny a contractor or a contractor’s employee a permit to enter the institution or its grounds, or modify the contract to provide for appropriate supervision;
    3. Prohibit a person from volunteering or require the person to agree to appropriate supervision; or
    4. Prohibit a person from visiting the institution or its grounds, or require that person to agree to appropriate supervision.
  4. Each application or renewal form, provided by the institution to an applicant for employment, shall conspicuously state the following: “FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A STATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT.”
  5. If the institution requires a criminal history background check for contractors, employees of contractors, volunteers, or visitors, the institution shall provide to the prospective person or organization the following statement: “FOR THIS TYPE OF CONTRACT OR FOR BEING AN EMPLOYEE OF A CONTRACTOR, A VOLUNTEER FOR THE INSTITUTION OR AN INSTITUTIONAL PROGRAM, OR A VISITOR OF THE INSTITUTION, THIS INSTITUTION REQUIRES A STATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK.”
  6. If an employee of the public institution of postsecondary education is convicted of, pleads guilty to, enters an Alford plea to, or is adjudicated guilty of an offense specified in subsection (3) of this section, the employment of that person may, at the discretion of the institution, be terminated as of the date of the conviction.
  7. A private college or university located in the Commonwealth may utilize at its discretion any of the provisions of this section, providing that it does so in a written institutional document.

History. Enact. 2006, ch. 182, § 19, effective July 12, 2006.

164.2815. Student identification badges must contain hotline number contact information relating to domestic violence, sexual assault, and suicide prevention.

Beginning August 1, 2020, any student identification badge issued by a public or private postsecondary education institution, vocational school, or any other institution that offers a postsecondary degree, certificate, or licensure shall contain the contact information for:

  1. A national domestic violence hotline;
  2. A national sexual assault hotline; and
  3. A national suicide prevention hotline.

HISTORY: 2020 ch. 54, § 2, effective July 15, 2020.

164.282. Hepatitis B information to be provided to first-time students.

  1. All public and independent postsecondary education institutions shall provide first-time, full-time students with information about hepatitis B disease. The information shall include:
    1. Symptoms and treatment;
    2. The risk factors associated with hepatitis B acquisition and transmission; and
    3. Current recommendations from the United States Centers for Disease Control and Prevention, or the American College Health Association regarding the availability and effectiveness of a hepatitis B vaccination.
  2. Nothing in this section shall be construed to require the Cabinet for Health and Family Services or the postsecondary institutions to provide or purchase vaccinations for hepatitis B.

History. Enact. Acts 2004, ch. 57, § 1, effective July 13, 2004; 2005, ch. 99, § 136, effective June 20, 2005.

164.283. Student academic records confidential — Exceptions.

  1. As used in this section unless the context otherwise requires:
    1. “Academic” means a student’s official record of academic performance, including, but not limited to transcript of grades or other action taken by the institution directly related to academic performance. The term “academic” does not include any nonacademically-related action the institution may take.
    2. “Universities and colleges” means all state supported postsecondary educational institutions in Kentucky.
    3. “Institution” means all public supported institutions of higher learning in Kentucky.
  2. All student academic records shall be confidential and shall not require a student’s Social Security number to identify the student, with the exception of the exemptions stated in subsections (3) to (9) of this section, and shall not be released by any public supported institution of higher education in Kentucky, to any person, organization, institution, group, or agency, except with the express consent of the individual student. This confidentiality shall apply only to student academic records, including, but not limited to, official transcript of grades.
  3. All student academic records shall be made available upon request to any agency of the federal or state government for the purpose of determining a student’s eligibility for military service and shall include making such records available to local draft boards. This authority shall be limited only to determining the student’s eligibility for military service and shall not be extended, except with the individual student’s consent as specified in subsection (2) of this section.
  4. Any institution may provide the legal parents of any student under twenty-one (21) years of age with a copy of the student’s academic record.
  5. All student academic records shall be made available to any federal, state, or local law enforcement agency, the Department of Juvenile Justice, and any court of law upon written request.
  6. All student academic records shall be made available upon request to any grantor of scholarships or loans based upon the maintenance of a satisfactory level of scholarship, but shall be for the official use of the grantors only.
  7. All student academic records shall be made available upon request to a public or private junior college from which the individual student was graduated or to a public or private secondary school from which the individual student was graduated.
  8. All student academic records shall be made available upon request to the Council on Postsecondary Education for professional academic research.
  9. All student academic records shall be made available upon request to any official of the university or college in which the student is enrolled who is directly concerned with the student’s academic progress. This authority shall include but is not limited to the individual student’s academic adviser.
  10. This section shall be applicable to all academic records maintained by all public postsecondary educational institutions in Kentucky.

History. Enact. Acts 1970, ch. 51, § 1; 1978, ch. 155, § 104, effective June 17, 1978; 1988, ch. 266, § 1, effective July 15, 1988; 1997 (1st Ex. Sess.), ch. 1, § 89, effective May 30, 1997; 1998, ch. 606, § 17, effective July 15, 1998.

Opinions of Attorney General.

Where tuition for law-enforcement classes taught to enrollees of Eastern Kentucky University is paid by the federal government, such payment may be considered as a scholarship under this section, thus enabling the University to furnish otherwise confidential academic records to the federal government. OAG 74-19 .

Under the federal act (Public Law 93-380, § 513), the parent of a student has the right of access to the child’s school records and the parent must consent to the release of personally identifiable records of the child until the child becomes 18 years of age or is attending an institution of post-secondary education, and any violation of the federal law could cause loss of federal funds to the institution. OAG 74-605 .

The records of graduate council decisions pertaining to individual students are confidential by law; there is no exception for statistical information in this section, and this specific statute takes precedence over the general statute, the Open Records Law (KRS 61.870 to 61.884 ). Therefore, the custodian of records of Eastern Kentucky University properly denied access to the minutes of the graduate council and the graduate appeals committee, even though the request was for statistical information which would not have been exempt under KRS 61.878(2) provided that it existed in compiled form. OAG 82-279 .

Suspended student had the right, under KRS 61.884 and this section, to inspect his transcript as it related to the classes he had taken while at the university and the grades received therefor. OAG 83-332 .

A student involved in student disciplinary proceedings at a university can be exempted from inspecting the records of the hearing (1) if public disclosure constitutes a clearly unwarranted invasion of another’s privacy (such as another student); (2) if the records contain preliminary drafts, notes, correspondence with private individuals (other than a notice of final action); (3) if the records contain preliminary recommendations or memoranda which express opinions or policies; (4) and if disclosure is prohibited by federal law or regulation or by the Kentucky General Assembly. OAG 83-427 .

Where one university student seeks the release of a tape or transcript of a student disciplinary hearing in which several other students were also involved, only those parts of the tape or transcript which relate to the student requesting access are available to him, since the other students have the right under KRS 61.878(1)(a) to nondisclosure of private information. OAG 83-427 .

This section does not exclude from its coverage situations where the student may have died. OAG 85-140 .

Denial of the request to inspect records of a former student, now deceased, including that student’s application for admission and scholastic transcripts, where no parental consent had been obtained, was proper under the Open Records Act, subdivisions (1)(i) and (1)(j) (now (1)(k) and (1)( l )) of KRS 61.878 , and subsection (2) of this section, pertaining to the confidentiality of such records. OAG 85-140 .

164.284. Waiver of tuition and fees for person sixty-five or older — Conditions.

  1. When any person sixty-five (65) years of age or older, who is a resident of the Commonwealth, is admitted and enrolls as a student in any state-supported institution of higher learning in this Commonwealth, the board of trustees of the institution or other appropriate institution officials shall waive all tuition charges and fees for such student, except as provided in subsection (2) of this section.
  2. In the event that classes are full or the granting of free admission requires additional units, the institution may deny admission under this section.

History. Enact. Acts 1976, ch. 319, § 1.

164.2841. Free tuition at state-supported school for survivor of police officer, firefighter, or volunteer firefighter killed in line of duty — Free tuition at state-supported school for survivor of other state-administered retirement system participants who died as a result of duty-related injury — Limitation.

    1. Any person whose parent or any nonmarried widow or widower whose spouse was a resident of the Commonwealth of Kentucky upon becoming a law enforcement officer, firefighter, or volunteer firefighter and who was killed while in active service or training for active service or who died as a result of a service-connected disability shall not be required to pay any matriculation or tuition fee upon admission to any state-supported university, community college, or vocational training institution. The provisions of this subsection shall apply to any firefighter or volunteer firefighter who is killed or dies under the conditions covered in this subsection on July 1, 1989, or thereafter. (1) (a) Any person whose parent or any nonmarried widow or widower whose spouse was a resident of the Commonwealth of Kentucky upon becoming a law enforcement officer, firefighter, or volunteer firefighter and who was killed while in active service or training for active service or who died as a result of a service-connected disability shall not be required to pay any matriculation or tuition fee upon admission to any state-supported university, community college, or vocational training institution. The provisions of this subsection shall apply to any firefighter or volunteer firefighter who is killed or dies under the conditions covered in this subsection on July 1, 1989, or thereafter.
    2. In order to obtain the benefits conferred by paragraph (a) of this subsection, the parent-child relationship shall be shown by birth certificate, adoption papers, or other documentary evidence. The spousal relationship shall be shown by a marriage certificate or other documentary evidence. The parent’s or spouse’s service and the cause of death shall be evidenced by certification from the records of the Kentucky Justice and Public Safety Cabinet, the appropriate city or county law enforcement agency which employed the deceased, the administrative agency for the fire department or fire protection district recognized for funding under KRS 95A.262 , or the administrative agency having jurisdiction over any paid firefighters of all counties and cities of all classes.
    1. Any person whose parent or any nonmarried widow or widower whose spouse was an employee participating in a state-administered retirement system, and not otherwise covered by subsection (1) of this section, and who died as a result of a duty-related injury as described in KRS 61.621 shall not be required to pay any matriculation or tuition fee upon admission to any state-supported university, community college, or vocational training institution. (2) (a) Any person whose parent or any nonmarried widow or widower whose spouse was an employee participating in a state-administered retirement system, and not otherwise covered by subsection (1) of this section, and who died as a result of a duty-related injury as described in KRS 61.621 shall not be required to pay any matriculation or tuition fee upon admission to any state-supported university, community college, or vocational training institution.
    2. In order to obtain the benefits conferred by paragraph (a) of this subsection, the parent-child relationship shall be shown by birth certificate, adoption papers, or other documentary evidence. The spousal relationship shall be shown by a marriage certificate or other documentary evidence. The parent’s or spouse’s service and the cause of death shall be evidenced by certification from the records of the employing agency or the appropriate retirement system.
  1. If one so admitted to a state-supported university, community college, or vocational training institution under the provisions of this section shall have obtained a cash scholarship paid or payable to the institution, from whatever source, the amount of the scholarship shall be applied to the credit of the applicant in the payment of incidental expenses of his attendance at the institution, and any balance, if the terms of the scholarship permit, shall be returned to the applicant.

History. Enact. Acts 1986, ch. 324, § 2, effective April 4, 1986; 1990, ch. 143, § 1, effective July 13, 1990; 1992, ch. 197, § 1, effective July 14, 1992; 1992, ch. 381, § 9, effective July 14, 1992; 2001, ch. 7, § 4, effective June 21, 2001; 2007, ch. 85, § 171, effective June 26, 2007.

NOTES TO DECISIONS

1. Stepchild.

It was error to deny the stepchild of a firefighter killed in the line of duty a tuition waiver at the University of Louisville law school because 739 Ky. Admin. Regs. 2:040 included a firefighter’s stepchild in the definition of “child,” for such purposes, and there was no reason to define the parent-child relationship any differently. Skeens v. Univ. of Louisville, 565 S.W.3d 159, 2018 Ky. App. LEXIS 173 (Ky. Ct. App. 2018).

Opinions of Attorney General.

As of the effective date of the amendment to this section, on July 13, 1991, the spouse or any child of a permanently and totally disabled law enforcement officer, firefighter or volunteer firefighter became eligible for free tuition at state-supported schools, regardless of when the disability occurred. OAG 91-201 .

When this section makes available benefits as of July 13, 1991, regardless of when the disability of the officer occurred, that is not a retroactive application of the statute, prohibited by KRS 446.080(3). OAG 91-201 .

164.2842. Free tuition at state-supported school for survivor of police officer, firefighter, or volunteer firefighter permanently and totally disabled in line of duty — Free tuition at state-supported school for survivor of other state-administered retirement system participants disabled as a result of duty-related injury.

    1. The spouse, regardless of age, and any child of a permanently and totally disabled law enforcement officer, firefighter, or volunteer firefighter injured while in active service or in training for active service, who is over the age of seventeen (17) and under the age of twenty-three (23) shall not be required to pay any matriculation or tuition fee upon his admission to any state-supported university, community college, or vocational training institution for a period not in excess of thirty-six (36) months in order to obtain a diploma, nor in excess of the lesser number of months required for a certificate of completion. (1) (a) The spouse, regardless of age, and any child of a permanently and totally disabled law enforcement officer, firefighter, or volunteer firefighter injured while in active service or in training for active service, who is over the age of seventeen (17) and under the age of twenty-three (23) shall not be required to pay any matriculation or tuition fee upon his admission to any state-supported university, community college, or vocational training institution for a period not in excess of thirty-six (36) months in order to obtain a diploma, nor in excess of the lesser number of months required for a certificate of completion.
    2. For the spouse or child to be entitled to benefits under this section, the disabled law enforcement officer, firefighter, or volunteer firefighter shall be rated permanently and totally disabled for pension purposes or one hundred percent (100%) disabled for compensation purposes by the Kentucky Justice and Public Safety Cabinet, the appropriate city or county law enforcement agency which employed the disabled, the administrative agency for the fire department or fire protection district recognized for funding under KRS 95A.262 , or the administrative agency having jurisdiction over any paid firefighters of all counties and cities of all classes, or if deceased, the claim to benefits is to be based on the rating held by the law enforcement officer, firefighter, or volunteer firefighter at the time of death. The parent’s or spouse’s service and rating shall be evidenced by certification from the records of the Kentucky Justice and Public Safety Cabinet, the appropriate local law enforcement agency, the administrative agency for the fire department or fire protection district recognized for funding under KRS 95A.262 , or the administrative agency having jurisdiction over any paid firefighters of all counties and cities of all classes.
    3. In the absence of certification of permanent and total disability by the Kentucky Department of Workers’ Claims, the Kentucky Justice and Public Safety Cabinet, the appropriate local law enforcement agency, the administrative agency for the fire department or fire protection district recognized for funding under KRS 95A.262, or the administrative agency having jurisdiction over any paid firefighters of all counties and cities of all classes, medical evidence showing permanent and total disability or the existence of permanent and total disability for a period of at least thirty (30) days immediately prior to death may be accepted, if this evidence is signed by a physician licensed to practice or an official of an accredited medical hospital.
    4. The parent-child relationship shall be shown by birth certificate, legal adoption papers, or other documentary evidence. The spousal relationship shall be shown by a marriage certificate or other documentary evidence.
    5. To entitle a spouse or child to benefits under this section the disabled law enforcement officer, firefighter, or volunteer firefighter shall have been a resident of the Commonwealth of Kentucky upon becoming a law enforcement officer, firefighter, or volunteer firefighter.
    1. The spouse, regardless of age, and any child of a person who was an employee participating in a state-administered retirement system and not otherwise covered by subsection (1) of this section and who was disabled as a result of a duty-related injury as described in KRS 61.621 , who is over the age of seventeen (17) and under the age of twenty-three (23) shall not be required to pay any matriculation or tuition fee upon his admission to any state-supported university, community college, or vocational training institution for a period not in excess of thirty-six (36) months in order to obtain a diploma, nor in excess of the lesser number of months required for a certificate of completion. (2) (a) The spouse, regardless of age, and any child of a person who was an employee participating in a state-administered retirement system and not otherwise covered by subsection (1) of this section and who was disabled as a result of a duty-related injury as described in KRS 61.621 , who is over the age of seventeen (17) and under the age of twenty-three (23) shall not be required to pay any matriculation or tuition fee upon his admission to any state-supported university, community college, or vocational training institution for a period not in excess of thirty-six (36) months in order to obtain a diploma, nor in excess of the lesser number of months required for a certificate of completion.
    2. The parent-child relationship shall be shown by birth certificate, legal adoption papers, or other documentary evidence. The spousal relationship shall be shown by a marriage certificate or other documentary evidence.
  1. The marriage of an eligible child shall not serve to deny full entitlement to the benefits provided in this section.

History. Enact. Acts 1986, ch. 324, § 3, effective April 4, 1986; 1990, ch. 143, § 2, effective July 13, 1990; 1992, ch. 381, § 10, effective July 14, 1992; 1994, ch. 181, § 100, effective April 4, 1994; 2001, ch. 7, § 5, effective June 21, 2001; 2007, ch. 85, § 172, effective June 26, 2007; 2010, ch. 24, § 212, effective July 15, 2010.

Opinions of Attorney General.

As of July 13, 1991, the effective date of the amendment to this section, the spouse or any child of a law enforcement officer or firefighter who became disabled due to injury while in active service, or while in training for active service, became eligible for free tuition at state-supported schools, assuming all other statutory criteria have been met. OAG 91-201 .

164.2843. In-state tuition for nonresident children and siblings of graduates.

Each institution of the postsecondary education system, as defined in KRS 164.001(17), that provides in-state tuition for nonresident children of graduates may provide the same in-state tuition for nonresident siblings of graduates.

History. Enact. Acts 2008, ch. 86, § 2, effective July 15, 2008.

Legislative Research Commission Note.

(7/15/2008). A reference to “ KRS 164.001 (16)” in 2008 Ky. Acts ch. 86, sec. 2, has been changed in codification to “ KRS 164.001 (17)” by the Reviser of Statutes under the authority of KRS 7.136(1) to reflect the addition of a new subsection and renumbering of succeeding subsections in KRS 164.001 in 2008 Ky. Acts ch.113, sec. 8.

164.2844. Tuition rates for nonresident veterans, members of Reserve components, and active members of the Kentucky National Guard at Kentucky’s public universities — In-state residency status of accepted or enrolled Armed Forces member, spouse, or dependent unaffected by transfer on military orders.

  1. Notwithstanding KRS 164.020(8), the governing board of a Kentucky public university may adopt a tuition policy whereby any veteran of the Armed Forces of the United States or National Guard who is eligible for Post-9/11 GI Bill benefits or any member of a Reserve component who enrolls as a student in the university as a non-Kentucky resident is charged no more than the maximum tuition reimbursement provided under the Post-9/11 GI Bill to public universities for eligible Kentucky residents.
  2. Notwithstanding KRS 164.020(8), beginning with the 2017-2018 academic year, an active member of the Kentucky National Guard who enrolls as a student in a Kentucky public university as a non-Kentucky resident shall be considered a Kentucky resident for tuition purposes.
  3. A member of the United States Armed Forces, or a spouse or dependent of a member, who is determined to be a Kentucky resident at the time of acceptance for admission by a public postsecondary institution under the guidelines established by the council shall not lose Kentucky residency status if the member is transferred on military orders prior to the member, spouse, or dependent enrolling in the institution for the academic term for which the member, spouse, or dependent was accepted or while the student is enrolled. The member, spouse, or dependent shall not lose Kentucky residency if he or she remains continuously enrolled in the institution at the same degree level.

History. Enact. Acts 2011, ch. 103, § 2, effective June 8, 2011; 2016 ch. 97, § 1, effective July 15, 2016; 2017 ch. 128, § 1, effective June 29, 2017; 2019 ch. 150, § 1, effective June 27, 2019.

164.2845. Tuition-free courses for supervising teachers and resource teachers.

  1. In recognition of valuable service to the preparation of teachers and the need for all teachers to have continual professional growth, a supervising teacher or a resource teacher for teacher interns may, with prior approval of the course-offering institution, take a maximum of six (6) credit hours per term at any public postsecondary institution and pay no tuition. The postsecondary institution shall waive the tuition up to a maximum of six (6) credit hours.
  2. The teachers covered in this section may exercise the tuition-free course option only if there is available space within a given course offering. A postsecondary institution shall not be required to establish a course to meet teacher requests.
  3. The tuition-free courses may be used to partially satisfy requirements for an advanced degree.
  4. Each public postsecondary education institution shall establish the procedures for implementing the provisions of this section, effective August 1, 2000.

History. Enact. Acts 2000, ch. 527, § 9, effective July 14, 2000.

164.2847. Waiver of tuition and mandatory student fees for Kentucky foster or adopted children.

  1. Tuition and mandatory student fees for any undergraduate or graduate program of any Kentucky public postsecondary institution, including all four (4) year universities and colleges and institutions of the Kentucky Community and Technical College System, shall be waived for a Kentucky foster or adopted child who is a full-time or part-time student if the student meets all entrance requirements and maintains academic eligibility while enrolled at the postsecondary institution, and if:
    1. The student’s family receives state-funded adoption assistance under KRS 199.555 ;
    2. The student is currently committed to the Cabinet for Health and Family Services under KRS 610.010(5) and placed in a family foster home or is placed in accordance with KRS 605.090(3);
    3. The student is in an independent living program and the placement is funded by the Cabinet for Health and Family Services;
    4. The student who is an adopted child was in the permanent legal custody of and placed for adoption by the Cabinet for Health and Family Services. A student who meets the eligibility criteria of this paragraph and lives outside of Kentucky at the time of application to a Kentucky postsecondary institution may apply for the waiver up to the amount of tuition for a Kentucky resident; or
    5. The Cabinet for Health and Family Services was the student’s legal custodian on his or her eighteenth birthday.
  2. Tuition and mandatory student fees for any undergraduate program of any Kentucky public postsecondary institution, including all four (4) year universities and colleges and institutions of the Kentucky Community and Technical College System, shall be waived for a Department of Juvenile Justice foster child who is a full-time or part-time student if the student meets all entrance requirements and maintains academic eligibility while enrolled at the postsecondary institution and obtains a recommendation for participation from an official from the Department of Juvenile Justice, and if:
    1. The student has not been sentenced to the Department of Juvenile Justice under KRS Chapter 640;
    2. The student has been committed to the Department of Juvenile Justice for a period of at least twelve (12) months;
    3. The student is in an independent living program and placement is funded by the Department of Juvenile Justice;
    4. The parental rights of the student’s biological parents have been terminated; or
    5. The student was committed to the Cabinet for Health and Family Services prior to a commitment to the Department of Juvenile Justice.
  3. Upon request of the postsecondary institution, the Cabinet for Health and Family Services shall confirm the eligibility status under subsection (1) of this section and the Department of Juvenile Justice shall confirm the eligibility status and recommendations under subsection (2) of this section of the student seeking to participate in the waiver program. Release of this information shall not constitute a breach of confidentiality required by KRS 199.570 , 610.320 , or 620.050 .
  4. The student shall complete the Free Application for Federal Student Aid to determine the level of need and eligibility for state and federal financial aid programs. If the sum of the tuition waiver plus other student financial assistance, except loans and the work study program under 42 U.S.C. secs. 2751 -2756b, from all sources exceeds the student’s total cost of attendance, as defined in 20 U.S.C. sec. 1087 ll, the tuition waiver shall be reduced by the amount exceeding the total cost of attendance.
  5. Except when extended in accordance with subsection (6) of this section, the student shall be eligible for the tuition waiver:
    1. For entrance to the institution for a period of no more than four (4) years after the date of graduation from high school or obtaining a high school equivalency diploma; and
    2. For one hundred fifty (150) consecutive or nonconsecutive credit hours earned, after first admittance to any Kentucky institution if satisfactory progress is achieved or maintained up to age twenty-eight (28).
  6. The expiration of a student’s eligibility under subsection (5)(a) of this section shall be extended by the number of academic terms the institution determines the student was unable to enroll for or complete due to serving:
    1. On active duty status in the United States Armed Forces;
    2. As an officer in the Commissioned Corps of the United States Public Health Service; or
    3. On active service in the Peace Corps Act or the Americorps.
  7. The Council on Postsecondary Education shall report nonidentifying data on graduation rates of students participating in the tuition waiver program by November 30 each year to the Legislative Research Commission.
  8. Nothing in this section shall be construed to:
    1. Guarantee acceptance of or entrance into any postsecondary institution for a foster or adopted child;
    2. Limit the participation of a foster or adopted student in any other program of financial assistance for postsecondary education;
    3. Require any postsecondary institution to waive costs or fees relating to room and board; or
    4. Restrict any postsecondary institution, the Department of Juvenile Justice, or the Cabinet for Health and Family Services from accessing other sources of financial assistance, except loans, that may be available to a foster or adopted student.

The original age limitation under subsection (5)(b) of this section shall be extended by the total number of years during which the student was on active duty status. The number of months served on active duty status shall be rounded up to the next higher year to determine the maximum length of eligibility extension allowed.

History. Enact. Acts 2001, ch. 48, § 1, effective June 21, 2001; 2002, ch. 279, § 2, effective July 15, 2002; 2005, ch. 99, § 137, effective June 20, 2005; 2008, ch. 87, § 16, effective July 15, 2008; 2013, ch. 70, § 1, effective June 25, 2013; 2014, ch. 132, § 16, effective July 15, 2014; 2017 ch. 80, § 27, effective June 29, 2017; 2020 ch. 111, § 1, effective July 15, 2020.

164.2849. Legislative finding.

The General Assembly of the Commonwealth of Kentucky finds and declares that it is in the best interests of the Commonwealth to encourage and support adults to adopt and provide foster care for children in the custody of the state. The General Assembly recognizes that a child whose care, custody, and control has been assumed by the Commonwealth as evidenced by termination of the rights of the biological parents and adoption from state custody or a custodial commitment to the Cabinet for Health and Family Services or the Department of Juvenile Justice is a special ward of the state and faces particular challenges in pursuing higher education. Because it is the intent of the General Assembly to support adoption, foster parenting, and educational advancement, the purpose of KRS 164.2847 is to provide postsecondary education advancement opportunity for foster and adopted children who are or were wards of the state.

History. Enact. Acts 2002, ch. 279, § 1, effective July 15, 2002; 2005, ch. 99, § 138, effective June 20, 2005.

164.285. Provisions of KRS 64.640 and 156.010 inapplicable to institutions of higher learning.

KRS 156.010 and 64.640 and any other statute, to the extent that they provide that the University of Kentucky, Eastern Kentucky State University, Western Kentucky State University, Murray State University, and Morehead State University shall be included in the Department of Education and constitute a division thereof, are hereby repealed.

History. Enact. Acts 1952, ch. 28, § 3.

164.286. Personnel of institutions of higher learning not subject to division of personnel efficiency. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 28, § 5) was repealed by Acts 1962, ch. 210, § 50.

164.2865. Legislative findings and declarations relating to meningococcal meningitis disease.

The General Assembly hereby finds and declares that:

  1. Meningococcal meningitis disease is a potentially fatal infectious and contagious bacterial disease that can be spread by coughing and sharing drinking glasses;
  2. Since the disease often presents itself with flu-like symptoms, many victims of the disease die before it is even diagnosed. From 1991 to 1997, the cases of meningococcal meningitis disease in young adults fifteen (15) to twenty-four (24) years of age nearly doubled;
  3. Survivors of meningococcal meningitis disease may have severe after-effects of the disease, including an intellectual disability, hearing loss, and loss of limbs;
  4. College freshmen residing on campus in dormitories or residence halls have a risk of meningococcal meningitis disease over seven (7) times higher than do college students overall;
  5. The meningococcal meningitis disease vaccine has been shown to be eighty-five percent (85%) to ninety percent (90%) effective in producing antibodies against the most common strains of the disease; and
  6. The Centers for Disease Control and Prevention (CDC) recommends that college freshmen and their parents be educated about meningococcal meningitis disease and that vaccination should be made easily available to freshmen and undergraduate students who want to reduce their risk of disease.

History. Enact. Acts 2004, ch. 146, § 1, effective July 13, 2004; 2010, ch. 141, § 8, effective July 15, 2010.

164.2867. Provision of vaccination information regarding meningococcal meningitis disease to postsecondary students.

  1. Each public or private educational institution that offers a postsecondary degree and has a residential campus shall provide vaccination information on meningococcal meningitis disease to full-time students living in resident housing.
  2. The vaccination information shall be contained in the student housing or enrollment application or lease document and shall include a space for the student to indicate whether or not the student has received the vaccination against meningococcal meningitis disease. If institutions provide electronic enrollment or registration to first-time students, the information required by this section may be provided or collected electronically.
  3. Vaccination information about meningococcal meningitis disease shall include detailed information on the risks of the disease and any recommendations issued by the National Centers for Disease Control and Prevention.
  4. The vaccination information obtained under this section that is in the possession of the educational institution is confidential and shall not be a public record.
  5. This section shall not be construed to require the educational institution or the Cabinet for Health and Family Services to provide or pay for the meningococcal meningitis disease vaccination.

History. Enact. Acts 2004, ch. 146, § 2, effective July 13, 2004; 2005, ch. 99, § 139, effective June 20, 2005.

164.287. Motor vehicle liability insurance — Conditions.

Each board of regents or trustees of the public postsecondary educational institutions is authorized to provide for liability and indemnity insurance against the negligence of drivers or operators of motor vehicles or other mobile equipment owned or operated by the board. If the transportation of members of the student bodies is let out under contract, the contract shall require the contractor to carry indemnity or liability insurance against negligence in such amount as the board designates. In either case the indemnity bond or insurance policy shall be issued by some surety or insurance company authorized to transact business in this state, and shall bind the company to pay any final judgment not to exceed the limits of the policy rendered against the insured for loss or damage to property of any student or other person, or death or injury of any student or other person.

History. Enact. Acts 1962, ch. 59; 1997 (1st Ex. Sess.), ch. 1, § 90, effective May 30, 1997.

164.2871. Liability insurance for governing board members, faculty, and staff — Retirement annuity allowances exemption — Taxability after December 31, 1997 — Purchase of insurance not waiver of immunity — Self-insured employer group health plan.

  1. The governing board of each state postsecondary educational institution is authorized to purchase liability insurance for the protection of the individual members of the governing board, faculty, and staff of such institutions from liability for acts and omissions committed in the course and scope of the individual’s employment or service. Each institution may purchase the type and amount of liability coverage deemed to best serve the interest of such institution.
  2. All retirement annuity allowances accrued or accruing to any employee of a state postsecondary educational institution through a retirement program sponsored by the state postsecondary educational institution are hereby exempt from any state, county, or municipal tax, and shall not be subject to execution, attachment, garnishment, or any other process whatsoever, nor shall any assignment thereof be enforceable in any court. Except retirement benefits accrued or accruing to any employee of a state postsecondary educational institution through a retirement program sponsored by the state postsecondary educational institution on or after January 1, 1998, shall be subject to the tax imposed by KRS 141.020 , to the extent provided in KRS 141.010 and 141.0215 .
  3. Except as provided in KRS Chapter 44, the purchase of liability insurance for members of governing boards, faculty and staff of institutions of higher education in this state shall not be construed to be a waiver of sovereign immunity or any other immunity or privilege.
  4. The governing board of each state postsecondary education institution is authorized to provide a self-insured employer group health plan to its employees, which plan shall conform to the requirements of subtitle 32 of KRS Chapter 304 and shall be exempt from conformity with subtitle 17A of KRS Chapter 304.

History. Enact. Acts 1978, ch. 347, § 1, effective June 17, 1978; 1986, ch. 235, § 1, effective July 15, 1986; 1988, ch. 282, § 7, effective July 15, 1988; 1995 (2nd Ex. Sess.), ch. 1, § 7, effective April 28, 1995; 1997 (1st Ex. Sess.), ch. 1, § 91, effective May 30, 1997.

NOTES TO DECISIONS

Cited:

Hutsell v. Sayre, 5 F.3d 996, 1993 U.S. App. LEXIS 24888 (6th Cir. 1993), cert. denied, 510 U.S. 1119, 114 S. Ct. 1071, 127 L. Ed. 2d 389, 1994 U.S. LEXIS 1541, 62 U.S.L.W. 3551 (1994).

164.288. Power of state postsecondary education institutions to accept federal aid.

Any of the state postsecondary educational institutions or the state on behalf of any of the institutions may accept federal aid in the form of services, equipment, supplies, materials, or funds by way of gift, grant, or loan for the purpose of higher education, including student loans. Any of the institutions acting through its president or its governing board is hereby authorized to receive such services, equipment, supplies, materials, and funds as are available. The institutions are authorized to use funds appropriated to them in carrying out the matching provisions required by federal programs, loans, or grants.

History. Enact. Acts 1960, ch. 136, § 1; 1972, ch. 203, § 31; 1988, ch. 257, § 1, effective July 15, 1988; 1997 (1st Ex. Sess.), ch. 1, § 92, effective May 30, 1997.

164.289. Faculty member’s power to vote.

Notwithstanding any other provision of KRS Chapter 164, the faculty member of any governing board of any postsecondary educational institution supported in whole or in part by state funds, whether or not described as nonvoting, shall have the right to vote on all matters except that of faculty compensation.

History. Enact. Acts 1972, ch. 196, § 6; 1997 (1st Ex. Sess.), ch. 1, § 93, effective May 30, 1997.

Opinions of Attorney General.

The term “faculty compensation” means the salary or other compensation to be paid exclusively to members of the faculty and not including wages and salaries paid to nonfaculty personnel or benefits provided to all personnel. OAG 72-267 .

The faculty regent is absolutely entitled to vote on the appointment of faculty personnel and, thus, if a motion before the board of regents involves both the appointment and compensation of an individual, the faculty-member, if denied the right to vote on faculty compensation by the board of regents, should request the motion be severed into two motions, one of appointment and the other of compensation. OAG 78-40 .

The Board of Regents of the Kentucky Community and Technical College System (KCTCS) should adopt a narrow interpretation of the term “faculty compensation” in the statute, under which the faculty and staff members of the KCTCS Board of Regents should be permitted to vote on the compensation of groups of faculty and staff as a whole, but not questions of individual compensation for themselves or other employees of the postsecondary institutions. OAG 01-8 .

Faculty and staff representatives on the Board of Regents of the Kentucky Community and Technical College System (KCTCS) should be allowed to vote on the compensation of the president and administrators of KCTCS. OAG 04-006 .

164.2891. Faculty voting member of board of trustees or regents.

Any university or postsecondary educational institution under the jurisdiction of the Council on Postsecondary Education may have a faculty member as a voting member of its board of trustees or regents.

History. Enact. Acts 1978, ch. 275, § 3, effective June 17, 1978; 1997 (1st Ex. Sess.), ch. 1, § 94, effective May 30, 1997.

164.2893. Faculty of associate degree registered nurse education program. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 482, § 19, effective July 13, 1990) was repealed by Acts 2002, ch. 266, § 7, effective July 15, 2002.

State Colleges and Universities

164.290. State universities recognized — Names — Status of Kentucky State University.

  1. The state colleges formerly designated as Eastern Kentucky State College, Morehead State College, Murray State College, Western Kentucky State College, Northern Kentucky State College, and Kentucky State College may be known and recognized as Eastern Kentucky University, Morehead State University, Murray State University, Western Kentucky University, Northern Kentucky University, and Kentucky State University.
  2. Kentucky State University located at Frankfort, Kentucky, is a land-grant state institution and, as such, all the provisions of KRS Chapter 164 shall likewise apply to Kentucky State University. It is the intent of the General Assembly that Kentucky State University shall serve as a four (4) year residential institution emphasizing a program of liberal studies appropriate to its size and resources.

History. 4527-37; amend. Acts 1948, ch. 11, § 1; 1952, ch. 41, § 8; 1966, ch. 6, § 4; 1972, ch. 39, § 4; 1976, ch. 8, § 1; 1982, ch. 348, § 1, effective July 15, 1982; 1992, ch. 10, § 19, effective July 1, 1992.

NOTES TO DECISIONS

1. Constitutional Debt Limitation.

A teachers’ college is not a municipality or taxing district within Const., §§ 157 and 158. Clay v. Board of Regents, 255 Ky. 846 , 75 S.W.2d 550, 1934 Ky. LEXIS 341 ( Ky. 1934 ).

Cited:

Autry v. Western Ky. Univ., 2005 Ky. App. LEXIS 58 ( Ky. 2005 ).

Opinions of Attorney General.

The amendment of subsection (1) of this section changing the name of Eastern Kentucky State College to Eastern Kentucky University did not affect the power of the board of regents to condemn real estate pursuant to KRS 164.410 . OAG 67-70 .

There is no authority, either express or implied, that would permit a state university to sell unneeded spaces in an airplane chartered for official travel to individuals who are not included in the official group. OAG 68-470 .

The operation of a bookstore by Murray State University is an authorized activity. OAG 69-24 .

A student committee, after learning of an infraction, could gather information and forward it to the committee designated by the regents under KRS 164.370 . OAG 69-132 .

A regulation providing for the search of a student’s room was reasonable and was a valid exercise of the regents’ power. OAG 69-614 .

Under existing law, if the Council on Higher Education approves, a doctoral degree program in education may be established at Western Kentucky University. No change in existing law is required. OAG 91-126 .

164.291. Student body president to receive honorarium — Effect.

The president of the student body of any state university may receive an honorarium for his service. The receipt of such honorarium or other compensation from the university shall not constitute a conflict of interest in the event he serves on the governing board of the university.

History. Enact. Acts 1978, ch. 392, § 1, effective June 17, 1978.

164.293. Northern Kentucky University recognized — Laws applicable. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 37, § 1; 1970, ch. 18, § 1; 1970, ch. 92, § 30; 1972, ch. 203, § 32; 1974, ch. 25, § 1; 1976, ch. 8, § 2; 1978, ch. 155, § 104, effective June 17, 1978) was repealed by Acts 1988, ch. 257, § 7, effective July 15, 1988.

164.295. Programs of state and comprehensive universities — Criteria for approval of advanced practice doctoral programs — Review of doctorates — Degrees a comprehensive university may not offer.

  1. The six (6) state comprehensive universities:
    1. Shall provide, upon approval of the Council on Postsecondary Education, associate and baccalaureate programs of instruction;
    2. Shall provide, upon approval of the Council on Postsecondary Education, graduate programs of instruction at the master’s-degree level in education, business, and the arts and sciences, specialist degrees, and programs beyond the master’s-degree level to meet the requirements for teachers, school leaders, and other certified personnel; and
    3. Shall provide research and service programs directly related to the needs of their primary geographical areas.
  2. A comprehensive university may provide:
    1. Programs of a community college nature in their own community comparable to those listed for the Kentucky Community and Technical College System, as provided in KRS 164.580 ;
    2. Upon approval of the Council on Postsecondary Education, an advanced practice doctoral program in nursing in compliance with KRS 314.111 and 314.131 ; and
    3. Upon approval of the Council on Postsecondary Education, one (1) or more additional advanced practice doctoral programs
  3. The Council on Postsecondary Education, in consultation with the Advisory Conference of Presidents pursuant to KRS 164.021 , shall develop criteria and conditions upon which an advanced practice doctoral degree program may be approved. The criteria shall include but not be limited to a determination of the academic and workforce needs for a program, consideration of whether the program can be effectively delivered through a collaborative effort with an existing program at another public university within the Commonwealth, and the capacity of a university to effectively offer the program. A university requesting approval of an advanced practice doctoral program shall be required to provide assurance that funding for the program will not impair funding of any existing program at any other public university.
  4. The council shall promulgate administrative regulations setting forth the agreed-on criteria and conditions identified under subsection (3) of this section.
  5. The council shall review advanced practice doctorates consistent with its review schedule for all other academic programs.
    1. Offer the terminal degrees of Doctor of Philosophy or Doctor of Musical Arts; doctor’s degrees required for professional practice and licensure in medicine, veterinary medicine, chiropractic, dentistry, pharmacy, law, or optometry; or the primary degree required for professional practice and licensure in architecture.The existing school of law at Northern Kentucky University is exempted from the requirements of this paragraph; or
    2. Describe itself in official publications or in marketing materials as a research university or research institution. Nothing in this paragraph shall be construed as precluding a comprehensive university from conducting basic, applied, or translational research.

A comprehensive university shall not:

HISTORY: Enact. Acts 1966, ch. 6, § 5; 1972, ch. 39, § 5; 1976, ch. 8, § 3; 1978, ch. 155, § 109, effective June 17, 1978; 1997 (1st Ex. Sess.), ch. 1, § 95, effective May 30, 1997; 2010, ch. 80, § 1, effective July 15, 2010; 2011, ch. 94, § 1, effective June 8, 2011; 2012, ch. 29, § 1, effective July 12, 2012; 2017 ch. 51, § 1, effective June 29, 2017.

Opinions of Attorney General.

The operation of a bookstore by Murray State University is an authorized activity. OAG 69-24 .

Under existing law, if the Council on Higher Education approves, a doctoral degree program in education may be established at Western Kentucky University. No change in existing law is required. OAG 91-126 .

A baccalaureate degree in engineering does not constitute a first professional degree. OAG 2015-04

164.2951. Development and implementation of credit hour degree programs, course classifications, credit transfer agreements, and a statewide standardized articulation agreement — Changes to learning outcomes.

  1. Beginning with the 2012-2013 academic year and each academic year thereafter for first-time students enrolling in a public college or university, postsecondary education institutions are encouraged to limit the credit-hour requirements to sixty (60) credit hours for each associate of science or associate of arts degree program and to one hundred twenty (120) credit hours for each bachelor of arts or bachelor of science degree program, except in situations in which:
    1. Quality and content of a program would be negatively impacted; or
    2. A program must comply with specific program standards established by external accreditation bodies.
  2. The Council on Postsecondary Education, in collaboration with the public universities and community and technical colleges, shall:
    1. Facilitate the development and implementation of a statewide agreement for alignment of Kentucky Community and Technical College System lower-division associate of arts and associate of science coursework that shall be accepted and fully credited to related bachelors degree programs by all public universities. The agreement shall specify the general education learning outcomes and program-specific prerequisite learning outcomes of the coursework. Where applicable, curricula shall be reviewed to determine comparability of core content standards required under KRS 164.302 . The agreement shall direct that the associate of arts and associate of science coursework meeting the learning outcomes specified shall be accepted for transfer and degree credit, whether earned as individual courses or within block programs;
    2. Develop, implement, and maintain a Kentucky Community and Technical College System statewide course numbering system for lower-division general education and program-specific prerequisite courses that include the same learning outcomes;
    3. Establish a statewide course classification system and procedures to monitor the transfer and crediting of lower-division coursework, including a system of ongoing assessment that ensures comparability for transfer purposes;
    4. Establish a procedure for approval of changes in learning outcomes at public universities as described in subsection (3) of this section;
    5. Standardize credit-by-exam equivalencies and common passing scores for national exams transferable for general education courses and program- specific prerequisites courses;
    6. Develop policies to align statewide articulation and transfer procedures across educational institutions, including admissions criteria, student declaration of major, and student guidance and counseling policies designed to ensure that students pursuing an associate of arts or associate of science degree program provide timely notification of their intention to transfer to a public university;
    7. Develop uniform data collection and reporting methods to facilitate and ensure statewide and institutional compliance with course transfer and credit requirements;
    8. Guarantee that, upon admission to a public university, graduates of an associate of arts or an associate of science degree program approved by the council in consultation with public universities shall be deemed to have met all general education requirements;
    9. Provide that graduates of approved associate of arts and associate of science degree programs of Kentucky public postsecondary institutions who complete the prerequisite learning outcomes for a bachelor of arts or bachelor of science program while fulfilling the requirements for an associate of art or associate of science degree, shall not be required to repeat or to take any additional lower-level courses to fulfill bachelor degree requirements in the same major, and these students shall be granted admission to related upper-division bachelors degree programs of a state public college or university on the same criteria as those students earning lower-division credits at the university to which the student transferred;
    10. Provide that graduates of approved associate of arts and associate of science degree programs shall receive priority for admission to a state public university over out-of-state students if they meet the same admission criteria;
    11. Establish a commonality in college transcripts to be used in all public colleges and universities to facilitate transfer from community and technical colleges;
    12. Encourage private colleges and universities to collaborate with public educational institutions in developing programs and agreement to expedite the transfer of students and credits between institutions;
    13. Establish an appeals process to resolve disagreements between transferring students and receiving educational institutions regarding the transfer and acceptance of credits earned at another institution;
    14. Ensure that all articulation and transfer policies are consistent with the rules and regulations established by all appropriate discipline-specific accrediting bodies and institutional accrediting agencies as recognized by the United States Department of Education; and
    15. Facilitate the development and implementation of a statewide standardized articulation agreement to be executed by July 1, 2021, between public colleges and universities and the Kentucky Department of Education for each approved high school career pathway that leads to a postsecondary credential, certification, license, or degree. Upon meeting the requirements of the standardized articulation agreement, a student shall be awarded postsecondary credit for prior learning at any public college or university.
  3. When an institution seeks to change learning outcomes for a bachelor of arts or bachelor of science program that affect lower-division courses, the university shall notify the Council on Postsecondary Education and the Kentucky Community and Technical College System of the proposed changes at the same time as the initiation of the university’s approval process. If it is determined that the proposed change will have an adverse effect on transferability, the university proposing the change shall enter into discussion with the council and the Kentucky Community and Technical College System to verify there remains a clearly defined path to a bachelor’s degree for those students who plan to transfer from the Kentucky Community and Technical College System to the public university.

History. Enact. Acts 2010, ch. 108, § 1, effective July 15, 2010; 2020 ch. 57, § 1, effective July 15, 2020.

164.296. Vocational and nonvocational programs at state universities — Joint programming — Review of programs below associate level.

Vocational and nonvocational programs offered at the state universities shall be operated and administered by those universities consistent with the regulations developed by the board of trustees or regents and approved by the Council on Postsecondary Education for the issuance of associate, baccalaureate, or graduate degrees. Joint programming and articulation of vocational-technical education nondegree programs with associate degree programs shall be pursued between the Kentucky Community and Technical College System and other postsecondary institutions when feasible. No public institution of higher education shall offer any new program of a vocational-technical-occupational nature below the associate degree level without the review of the board of regents for the Kentucky Community and Technical College System and the approval of the Council on Postsecondary Education. The board of regents for the Kentucky Community and Technical College System, with approval of the Council on Postsecondary Education, may contract with public institutions of higher education for the operation of specific programs and projects.

History. Repealed, reenact., renumbered, and amend. Acts 1997 (1st Ex. Sess.), ch. 1, § 50, effective May 30, 1997.

Compiler’s Notes.

This section was formerly compiled as KRS 151B.115 and was repealed, reenacted, renumbered, and amended as KRS 164.296 by Ky. Acts 1997 (1st Extra. Sess.), ch. 1, § 50, effective May 30, 1997.

164.297. English language proficiency assessment for instructors.

  1. Each state university shall institute English language proficiency assessment for all instructors, including teaching assistants, for whom English is not their primary language. The instructors shall be evaluated periodically to demonstrate their ability to deliver all lectures and oral presentations in an English speech pattern which the students understand.
  2. Subsection (1) of this section shall not apply to the teaching of foreign language courses.
  3. If an instructor receives an unsatisfactory evaluation, he shall have one (1) semester to demonstrate his ability. If an instructor receives a second unsatisfactory evaluation, his employment shall be terminated.

History. Enact. Acts 1992, ch. 407, § 1, effective July 14, 1992.

164.298. Advanced practice doctoral program in nursing — Degree — Portrayal of credentials — Degree distinguished from license as licensed certified professional midwife under KRS 314.400 to 314.414.

  1. The governing board as defined in KRS 164.001 of each eligible postsecondary education institution and college as defined in KRS 164.945 that offers an advanced practice doctoral degree in nursing shall be accredited by a national nursing accrediting body that includes but is not limited to the Accreditation Commission for Education in Nursing, the National League for Nursing Commission for Nursing Education Accreditation, the Council on Accreditation of Nurse Anesthesia Educational Programs, the Accreditation Commission for Midwifery Education, or the Commission on Collegiate Nursing Education and with minimal education and licensure standards for admission to and graduation from an advanced practice doctoral program in nursing.
  2. Each university offering an advanced nursing practice doctoral program shall refer to the degree as the “doctor of nursing practice,” with the degree being abbreviated as “DNP.” Any advertisement about the advanced nursing practice doctoral program shall not refer to graduates using the term “doctor.” Graduates of the program shall accurately portray their academic credentials as well as their registered nurse and advanced practice registered nurse credentials, if applicable, subject to sanction under KRS 311.375(4).
  3. A licensed certified professional midwife as defined in KRS 314.400 shall not have the same meaning as an advanced practice registered nurse with a designation by the Board of Nursing as a certified nurse-midwife.

History. Enact. Acts 2010, ch. 80, § 2, effective July 15, 2010; 2011, ch. 57, § 1, effective June 8, 2011; 2015 ch. 117, § 6, effective June 24, 2015; 2019 ch. 104, § 9, effective June 27, 2019.

164.300. Purpose of state universities and colleges.

The purpose of the state universities and colleges is to give instruction at the college level, in residence and through extension study, in academic, vocational and professional subjects and in the science and art of teaching, including professional ethics, to conduct training schools, field service and research, and to render such supplemental services as conducting libraries and museums, dormitories, farms, recreational facilities and offering instruction in such general and cultural subjects as constitute a part of their curricula.

History. 4527-38.

NOTES TO DECISIONS

1. Immunity in Wrongful Death Suit.

University was immune in a wrongful death suit arising from an assault of a student in a dormitory because the university was a state agency, and running an official residence hall for the benefit of the students was part of the university’s definitive function; the university’s employees were also immune. A foundation which owned the dormitory at issue served the university, and thus was also entitled to official immunity. Autry v. Western Ky. Univ., 219 S.W.3d 713, 2007 Ky. LEXIS 95 ( Ky. 2007 ).

Opinions of Attorney General.

The operation of a bookstore by Murray State University is an authorized activity. OAG 69-24 .

164.302. Core academic content standards for reading and mathematics for introductory college courses.

  1. Within thirty (30) days from March 25, 2009, each postsecondary education institution shall plan and implement a process to develop core academic content standards for reading and mathematics for introductory courses in the public postsecondary education institutions.
  2. The process shall ensure that secondary educators are engaged with the postsecondary education faculty and other content specialists in order that the standards at each educational level are vertically aligned.
  3. The Council on Postsecondary Education, the Department of Education, and the postsecondary education institutions are urged to merge activities, resources, and dissemination efforts as is practical to eliminate duplication of effort and conflicting recommendations.
  4. All core academic standards for mathematics and reading in introductory courses shall be completed by December 15, 2010, with a target completion date of December 15, 2009, for the mathematics standards.

History. Enact. Acts 2009, ch. 101, § 15, effective March 25, 2009.

164.304. Teacher preparation programs for elementary and secondary regular education to include instruction on dyslexia and other learning disabilities and core elements of response-to-intervention system.

By the 2019-2020 academic year, postsecondary institutions offering teacher preparation programs for elementary and secondary regular education shall, subject to available funds, include instruction on:

  1. The definition and characteristics of dyslexia;
  2. Processes for identifying dyslexia;
  3. Evidence-based interventions and accommodations for dyslexia and other disorders defined in KRS 158.305 and related literacy and learning challenges; and
  4. Core elements of a response-to-intervention framework addressing reading, writing, mathematics, and behavior, including;
    1. Universal screening;
    2. Evidence-based research interventions;
    3. Progress monitoring of the effectiveness of interventions on student performance;
    4. Data-based decision-making procedures related to:
      1. Determining intervention effectiveness on student performance; and
      2. Determining the need to continue, alter, or discontinue interventions or conduct further evaluation of student needs; and
    5. Application and implementation of response-to-intervention and dyslexia instructional practices in the classroom setting.

HISTORY: 2018 ch. 88, § 3, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). 2018 Ky. Acts ch. 88, sec. 4 provides that 2018 Ky. Acts ch. 88 shall be known and may be cited as the “Ready to Read Act.” This statute was created in Section 3 of that Act.

164.305. Agriculture and mechanic arts departments at Kentucky State College — Federal fund. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 41, § 9) was recompiled as KRS 164.355 and has since been repealed.

164.310. Boards of regents for state regional universities and Kentucky Community and Technical College System.

There shall be a board of regents for each of the state universities, to be known as the board of regents of the .... State University and a board of regents for the Kentucky Community and Technical College System.

History. 4527-39; amend. Acts 1948, ch. 11, § 2; 1997 (1st Ex. Sess.), ch. 1, § 96, effective May 30, 1997.

NOTES TO DECISIONS

Cited:

Robinson v. Board of Regents, 475 F.2d 707, 1973 U.S. App. LEXIS 10854 (6th Cir. 1973), cert. denied, 416 U.S. 982, 94 S. Ct. 2382, 40 L. Ed. 2d 758, 1974 U.S. LEXIS 191 (1974).

Research References and Practice Aids

Cross-References.

Incompatible offices, KRS 61.080 .

Members of boards of regents are removable only for cause, KRS 63.080 .

164.320. Membership of boards of regents. [Repealed.]

Compiler’s Notes.

This section (Repealed, reenact. and amend. Acts 1988, ch. 53, § 2, effective July 15, 1988; 1990, ch. 504, § 3, effective July 13, 1990) was repealed by Acts 1992, ch. 10, § 21, effective July 1, 1992. For present law see KRS 164.321 .

164.321. Boards of Regents of Eastern Kentucky, Morehead State, Murray State, Western Kentucky, Kentucky State, and Northern Kentucky Universities, and Kentucky Community and Technical College System — Membership — Terms — Grounds for removal and replacement of all board members.

  1. Eastern Kentucky University, Morehead State University, Murray State University, Western Kentucky University, Kentucky State University, Northern Kentucky University, and the Kentucky Community and Technical College System shall each be governed by a board of regents appointed for a term set by law pursuant to Section 23 of the Constitution of Kentucky.
    1. Each board of the comprehensive universities shall consist of eight (8) members appointed by the Governor, one (1) member of the teaching faculty, one (1) member of the university nonteaching personnel, and one (1) member of the student body of the respective university or college. The members appointed by the Governor shall be subject to confirmation by the Senate. The members of the board shall select a chairperson annually.
    2. The board of the Kentucky Community and Technical College System shall consist of eight (8) members appointed by the Governor, two (2) members of the teaching faculty, two (2) members of the nonteaching personnel, and two (2) members of the student body. The members appointed by the Governor shall be subject to confirmation by the Senate.
      1. No more than three (3) appointed members of the board shall reside in any one (1) judicial district of the Kentucky Supreme Court as of the date of the appointment.
      2. A change in residency of a gubernatorial appointee after the date of appointment shall not affect the appointee’s ability to serve or eligibility for reappointment, except an appointee who assumes residency outside the fifty (50) United States shall become immediately ineligible to serve. The Council on Postsecondary Education shall notify the appointee of his or her ineligibility to serve.
      3. In making initial appointments, the Governor shall act so as to provide equal representation of the two (2) sexes. In filling vacancies, the Governor shall act so as to provide, inasmuch as possible, equal representation of the two (2) sexes by appointing a member of the sex that is the lesser represented at the time of the appointment. If the remaining membership already has an equal number of males and females, the Governor may appoint a member of either sex.
  2. The terms of appointed members shall be for six (6) years and until their successors are appointed and qualified, unless a member is removed by the Governor pursuant to KRS 63.080(2), (3), or (4), except the initial appointments to the board of regents for the Kentucky Community and Technical College System shall be as follows:
    1. One (1) member shall serve a one (1) year term;
    2. One (1) member shall serve a two (2) year term;
    3. Two (2) members shall serve three (3) year terms;
    4. One (1) member shall serve a four (4) year term;
    5. One (1) member shall serve a five (5) year term; and
    6. Two (2) members shall serve six (6) year terms.
  3. The gubernatorial appointments may include one (1) graduate of the respective institution who resides outside the Commonwealth. Not more than two (2) appointed members of any board shall be residents of one (1) county. The appointments shall reflect the proportional representation of the two (2) leading political parties of the Commonwealth based on the state’s voter registration and the political affiliation of each appointee as of December 31 of the year preceding the date of his or her appointment. A particular political affiliation shall not be a prerequisite to appointment to any board generally; however, if any person is appointed to a board that does not represent either of the two (2) leading political parties of the Commonwealth, the proportional representation by political affiliation requirement shall be determined and satisfied based on the total number of members on the board less any members not affiliated with either of the two (2) leading political parties. Membership on the board shall reflect no less than proportional representation of the minority racial composition of the Commonwealth based on the total minority racial population using the most recent census or estimate data from the United States Census Bureau. If the determination of proportional minority representation does not result in a whole number of minority members, it shall be rounded up to the next whole number. Membership on the board shall not be incompatible with any state office. A change in residency after the date of appointment shall not affect a member’s ability to serve nor shall it prevent a member’s eligibility for reappointment, except a member who assumes residency outside the fifty (50) United States shall become immediately ineligible to serve. The Council on Postsecondary Education shall notify the appointee of his or her ineligibility to serve.
  4. Appointments to fill vacancies shall be made in the same manner and within the same time after the occurrence of the vacancy as regular appointments. The person appointed shall hold the position for the unexpired term only.
  5. Each member of the board shall serve for the term for which the member is appointed and until a successor is appointed and qualified, unless a member is removed by the Governor pursuant to KRS 63.080(2), (3), or (4).
    1. The faculty member of a comprehensive university shall be a teaching or research member of the faculty of his or her respective university of the rank of assistant professor or above. The faculty member shall be elected by secret ballot by all faculty members of his or her university of the rank of instructor, assistant professor, or above. The faculty member shall serve for a term of three (3) years and until his successor is elected and qualified. The faculty member shall be eligible for reelection, but he or she shall not be eligible to continue to serve as a member of the board if he or she ceases being a member of the teaching staff of the university. Elections to fill vacancies shall be for the unexpired term in the same manner as provided for the original election. (6) (a) The faculty member of a comprehensive university shall be a teaching or research member of the faculty of his or her respective university of the rank of assistant professor or above. The faculty member shall be elected by secret ballot by all faculty members of his or her university of the rank of instructor, assistant professor, or above. The faculty member shall serve for a term of three (3) years and until his successor is elected and qualified. The faculty member shall be eligible for reelection, but he or she shall not be eligible to continue to serve as a member of the board if he or she ceases being a member of the teaching staff of the university. Elections to fill vacancies shall be for the unexpired term in the same manner as provided for the original election.
    2. The faculty members of the Kentucky Community and Technical College System shall be represented by one (1) faculty member elected from the community colleges and one (1) faculty member elected from the technical institutions to serve three (3) year terms and until their successors are named. The faculty representative of each branch shall be elected by means of a process established by the board. The faculty members may be reelected but shall not serve more than two (2) consecutive terms. A faculty member shall be ineligible to continue to serve as a member of the board if he or she ceases to be a member of the faculty at one (1) of the institutions within the system. Elections to fill vacancies shall be for the unexpired term in the same manner as provided for the original election. These two (2) members shall collectively have one (1) vote which may be cast one-half (1/2) vote by each member.
    1. The nonteaching personnel member in a comprehensive university shall be any full-time staff member excluding the president, vice presidents, academic deans, and academic department chairpersons. He or she shall represent all nonteaching university employees including, but not limited to, building facilities and clerical personnel. The member shall be elected by secret ballot by the nonteaching employees. The nonteaching personnel member shall serve a term of three (3) years and until a successor is elected and qualified. The nonteaching personnel member shall be eligible for reelection, but he or she shall not be eligible to continue to serve as a member of the board if he or she ceases being an employee of the university. Elections to fill vacancies shall be for the unexpired term in the same manner as provided for the original election. (7) (a) The nonteaching personnel member in a comprehensive university shall be any full-time staff member excluding the president, vice presidents, academic deans, and academic department chairpersons. He or she shall represent all nonteaching university employees including, but not limited to, building facilities and clerical personnel. The member shall be elected by secret ballot by the nonteaching employees. The nonteaching personnel member shall serve a term of three (3) years and until a successor is elected and qualified. The nonteaching personnel member shall be eligible for reelection, but he or she shall not be eligible to continue to serve as a member of the board if he or she ceases being an employee of the university. Elections to fill vacancies shall be for the unexpired term in the same manner as provided for the original election.
    2. The nonteaching personnel members in the Kentucky Community and Technical College System shall be any full-time staff member excluding a president, chancellor, vice president, academic dean, academic department chair, or other administrator. They shall represent all nonteaching employees in their respective branch institutions including, but not limited to, support and clerical personnel. One (1) member shall be a representative from the community colleges and one (1) member shall be a representative from the technical institutions. They shall serve three (3) year terms and until their successors are named. These two (2) members shall collectively have one (1) vote which may be cast one-half (1/2) vote by each member. The nonteaching personnel members of each branch shall be elected by means of a process established by the board. A nonteaching personnel member may be reelected but shall not serve more than two (2) consecutive terms. A nonteaching employee shall be ineligible to continue to serve as a member of the board if that employee ceases to be a nonteaching employee at one (1) of the institutions within the system. Elections to fill vacancies shall be for the unexpired term in the same manner as provided for the original election.
    1. The student member on a comprehensive university board shall serve a one (1) year term beginning on July 1 after being elected and sworn in as student body president and ending on the following June 30. If the student member does not maintain the position as student body president or the status as a full-time student at any time during that academic year, a special election shall be held to select a full-time student member. The elected student member shall serve for the remainder of the unexpired term. (8) (a) The student member on a comprehensive university board shall serve a one (1) year term beginning on July 1 after being elected and sworn in as student body president and ending on the following June 30. If the student member does not maintain the position as student body president or the status as a full-time student at any time during that academic year, a special election shall be held to select a full-time student member. The elected student member shall serve for the remainder of the unexpired term.
    2. Two (2) full-time student members shall be elected to the board of regents for the Kentucky Community and Technical College System. One (1) shall represent students of the community colleges and one (1) shall represent the technical institutions. The student members shall be elected by means of a process established by the board. The student members shall serve one (1) year terms beginning on July 1 after being elected and sworn in as a student member of the board and ending on the following June 30. If the student member does not maintain the status as a full-time student, a special election shall be held to fill the vacancy for the remainder of the unexpired term. The two (2) members shall collectively have one (1) vote which may be cast one-half (1/2) vote by each member.
  6. All appointed and elected persons shall be required to attend and complete an orientation and education program prescribed by the council under KRS 164.020(25), as a condition of their service and eligibility for appointment or election to a second term.
  7. Board members may be removed by the Governor under the following circumstances:
    1. For cause, pursuant to KRS 63.080(2); or
    2. Pursuant to KRS 63.080(3) or (4).
  8. The inability of the board or boards of the comprehensive universities or Kentucky Community and Technical College System to hold quarterly meetings, to elect a chairperson annually, to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an annual evaluation of the president of the university or system, to carry out its primary function to periodically evaluate the university’s or system’s progress in implementing its mission, goals, and objectives to conform to the strategic agenda, or to otherwise perform its duties under KRS 164.350 shall be cause for the Governor to remove all appointed members of the board or boards and replace the entire appointed membership pursuant to KRS 63.080(4).

New appointees of a board of regents shall not serve for more than two (2) consecutive terms.

History. Enact. Acts 1992, ch. 10, § 5, effective July 1, 1992; 1994, ch. 41, § 1, effective July 15, 1994; 1997 (1st Ex. Sess.), ch. 1, § 97, effective May 30, 1997; 2001, ch. 12, § 1, effective June 21, 2001; 2003, ch. 26, § 2, effective March 10, 2003; 2003, ch. 56, § 2, effective June 24, 2003; 2008, ch. 113, § 10, effective July 15, 2008; 2010, ch. 41, § 1, effective July 15, 2010; 2016 ch. 136, § 4, effective July 15, 2016; 2017 ch. 101, § 6, effective March 21, 2017.

Compiler’s Notes.

Section 22 of Acts 1992, ch. 11, provided:

“This section shall prevail over any conflicting provision of this Act. Effective July 1, 1992, all university governing boards established pursuant to KRS 164.130 (repealed), 164.320 (repealed), and 164.820 (repealed) and the Council on Higher Education established pursuant to KRS 164.010 shall be abolished and the terms of members serving on the boards and the council on June 30, 1992, shall be terminated. Members who serve on a university governing board on that date as a faculty, staff, alumni, or student member shall be appointed to their respective, newly-created boards to serve as those representatives for a term set pursuant to Sections 4, 5, and 6 of the Act, except the terms of the faculty members of each board established in Sections 4 and 5 shall be until the expiration of the term for which they were elected to serve on the board pursuant to KRS 164.130 and 164.320 . All other gubernatorial appointments to the university governing boards and the Council on Higher Education established pursuant to Section 4, 5, 6, and 7 of this Act shall be made in accordance with the procedure established in Section 3, except as follows:

“(1) ***

“(3) In making the initial gubernatorial appointments to the Board of Regents at each of the regional universities established in Section 5 of this Act, the Governor shall consider eight (8) lay members serving on each of the boards on June 30, 1992, and sixteen (16) names for each of the boards submitted by the Nominating Committee. Of the eight (8) appointments, the Governor shall appoint four (4) members who served on June 30, 1992, to each of the newly-created boards; and

“(4)***.

Opinions of Attorney General.

Faculty and staff representatives on the Board of Regents of the Kentucky Community and Technical College System (KCTCS) should be allowed to vote on the compensation of the president and administrators of KCTCS. OAG 04-006 .

Research References and Practice Aids

Kentucky Bench & Bar.

Lear and Fleenor, Board and Commission Appointments: Executive Power — With Limits, Vol. 72, No. 4, July 2008, Ky. Bench & Bar 23.

164.325. KRS 63.080(2) applicable to board of regents.

KRS 63.080(2) hereby is expressly made applicable to members of the board of regents of each of said universities or colleges.

History. Enact. Acts 1956 (1st Ex. Sess.), ch. 7, Art. XIV, § 2.

Research References and Practice Aids

Cross-References.

Members of board of trustees of the University of Kentucky and board of regents of state colleges may not be removed except for cause, KRS 63.080(2).

164.330. Organization and officers of boards of regents — Expenses.

Each board of regents shall hold its first meeting within thirty (30) days after each appointment of new members. At this meeting there shall be elected a vice chairperson and a secretary for the board. Each board shall appoint a treasurer, and such officers as it deems necessary, but no member of any of the boards shall be appointed treasurer. No member of any board shall draw any salary for his services, but shall be reimbursed for necessary expenditures made in going to and from each meeting of the board and for other legitimate expenses, except a member who resides outside the Commonwealth shall not be reimbursed for out-of-state travel. The expenses shall be paid out of the funds of the appropriate institution.

History. 4527-42; amend. Acts 1992, ch. 10, § 11, effective July 1, 1992; 1992, ch. 27, § 10, effective March 2, 1992; 1997 (1st Ex. Sess.), ch. 1, § 98, effective May 30, 1997.

NOTES TO UNPUBLISHED DECISIONS

1. Creation of Employment Contract.

It was not error to find the secretary of a university’s board of regents (board) had a one-year employment contract because minutes in which the board appointed the secretary for one year, under KRS 164.330 , and set the secretary’s compensation, under KRS 164.450 , constituted a lawfully authorized written contract, so KRS 45A.245(1) barred the university’s immunity defense to the secretary’s breach of contract claim. W.Ky.Univ. v. Esters, 2014 Ky. App. Unpub. LEXIS 1037 (Ky. Ct. App. Apr. 11, 2014).

164.335. Members of General Assembly not to serve on governing boards of state postsecondary education institutions.

In addition to the qualifications provided in KRS 164.131 for members of the board of trustees of the University of Kentucky, in KRS 164.821 for members of the board of trustees of the University of Louisville, and in KRS 164.321 for members of the board of regents of other Kentucky universities and of the Kentucky Community and Technical College System, no person who is a member of either house of the Kentucky General Assembly shall serve as a member of the board of trustees or board of regents of any public institution.

History. Enact. Acts 1972, ch. 5, § 1; 1992, ch. 10, § 18, effective July 1, 1992; 1997 (1st Ex. Sess.), ch. 1, § 99, effective May 30, 1997.

164.337. Member of General Assembly may be employee of state university or community college.

Notwithstanding the provisions of any statute to the contrary, a legislator may be an employee of any of the state universities or community colleges without resigning his membership in the General Assembly.

History. Enact. Acts 1990, ch. 470, § 78, effective July 1, 1990.

164.340. Meetings of boards — Quorum.

The governing board shall meet quarterly at the institution or at such other place as is agreed upon. Upon written request of the president of the institution or of two (2) members of the board, the chairman of the board shall call a special meeting at a place designated by him, and the board may at such special meeting transact any or all business that it may transact at a regular meeting. A majority of the members of the board shall constitute a quorum for the transaction of business, but no appropriation of money shall be made nor any contract that requires a disbursement of money shall be authorized, and no teacher employed or dismissed, unless a majority of all the members of the board vote for it.

History. 4527-43; 1982, ch. 391, § 16, effective July 15, 1982; 1997 (1st Ex. Sess.), ch. 1, § 100, effective May 30, 1997.

NOTES TO DECISIONS

1. Approval of Grant of Tenure.

Although tenure for faculty members in the public colleges and universities of Kentucky is not determined by a statutory scheme, it is clear that formal tenure can only be granted by recommendation of a university’s president and the affirmative votes of a majority of its board of regents. Edinger v. Board of Regents of Morehead State University, 906 F.2d 1136, 1990 U.S. App. LEXIS 10934 (6th Cir. Ky. 1990 ).

Even though associate professor’s contract was marked “tenured” and signed by an authorized agent, the statutory requirement that the majority of the board of regents must approve any grant of tenure was not obviated where the board’s minutes failed to show such approval. Edinger v. Board of Regents of Morehead State University, 906 F.2d 1136, 1990 U.S. App. LEXIS 10934 (6th Cir. Ky. 1990 ).

Opinions of Attorney General.

Under this section, four voting members must vote for any appropriation of money or contract requiring an appropriation or disbursement of money or for any action involving employment or dismissal of a teacher. OAG 68-471 .

A quorum of the board of regents should be computed both on the basis of a majority of the total membership and a majority of voting members and in view of the total membership of nine, there must be five members present, of which four are voting members, to constitute a quorum. OAG 68-471 .

Although this section does not deal expressly with the election of a university president, by reasonable implication it would appear that a majority of the board of regents, whether present at a duly called meeting or not, must vote for a candidate in order for him to be elected, and thus, in electing a president at least six members of the board should vote in the affirmative. OAG 75-298 .

Despite the provisions of KRS 164.365 , in view of KRS 164.360 and since the granting of tenure to a teacher is tantamount to employing him, the board of regents of a state university may not grant tenure except upon a majority affirmative vote of all members of the board, in accordance with this section. OAG 75-634 .

Neither KRS 164.340 , nor the provision in the Board of Regent’s bylaws relating to quarterly meetings in regular session, is sufficient in content to be a schedule of regular meetings. Because the November 2 meeting was not a regular meeting within the meaning of KRS 61.820 , it was a special meeting. OAG 02-OMD-22.

164.348. Campus free speech protection — Governing board to adopt policies ensuring freedom of expression and assembly — Statement of policies made available to students and faculty — Disruption of another’s expressive activity.

  1. For purposes of this section:
    1. “Faculty” means any person tasked by a public postsecondary education institution with providing scholarship, academic research, or teaching, regardless of whether the person is compensated by the public postsecondary education institution; and
    2. “Student” means an individual currently enrolled in at least one (1) credit hour at a public postsecondary education institution or a student organization registered pursuant to the policies of a public postsecondary education institution.
  2. Consistent with its obligations to respect the rights secured by the Constitutions of the United States and the Commonwealth of Kentucky, a governing board of a public postsecondary education institution shall adopt policies to ensure that:
    1. The institution protects the fundamental and constitutional right of all students and faculty to freedom of expression;
    2. The institution grants students and faculty the broadest possible latitude to speak, write, listen, challenge, learn, and discuss any issue;
    3. The institution commits to maintaining a marketplace of ideas where the free exchange of ideas is not suppressed because an idea put forth is considered by some or even most of the members of the institution’s community to be offensive, unwise, disagreeable, conservative, liberal, traditional, or radical;
    4. Students and faculty do not substantially obstruct or otherwise substantially interfere with the freedom of others to express views they reject so that a lively and fearless freedom of debate and deliberation is promoted and protected;
    5. The expression of a student’s religious or political viewpoints in classroom, homework, artwork, and other written and oral assignments is free from discrimination or penalty based on the religious or political content of the submissions;
      1. The selection of students to speak at official events is made in a viewpoint-neutral manner; (f) 1. The selection of students to speak at official events is made in a viewpoint-neutral manner;
      2. The prepared remarks of the student are not altered before delivery, except in a viewpoint-neutral manner, unless requested by the student. However, student speakers shall not engage in speech that is obscene, vulgar, offensively lewd, or indecent; and
      3. If the content of the student’s speech is such that a reasonable observer may perceive affirmative institutional sponsorship or endorsement of the student speaker’s religious or political viewpoint, the institution shall communicate, in writing, orally, or both, that the student’s speech does not reflect the endorsement, sponsorship, position, or expression of the institution;
    6. Student religious and political organizations are allowed equal access to public forums on the same basis as nonreligious and nonpolitical organizations;
    7. No recognized religious or political student organization is hindered or discriminated against in the ordering of its internal affairs, selection of leaders and members, defining of doctrines and principles, and resolving of organizational disputes in the furtherance of its mission, or in its determination that only persons committed to its mission should conduct such activities;
    8. Student activity fee funding to a student organization is not denied based on the viewpoints that the student organization advocates;
    9. The generally accessible, open, outdoor areas of the campus be maintained as traditional public forums for students and faculty to express their views, so that the free expression of students and faculty is not limited to particular areas of the campus often described as “free speech zones”;
    10. There shall be no restrictions on the time, place, and manner of student speech that occurs in the outdoor areas of campus or is protected by the First Amendment of the United States Constitution, except for restrictions that are:
      1. Reasonable;
      2. Justified without reference to the content of the regulated speech;
      3. Narrowly tailored to serve a compelling governmental interest; and
      4. Limited to provide ample alternative options for the communication of the information;
    11. Permit requirements do not prohibit spontaneous outdoor assemblies or outdoor distribution of literature, although an institution may adopt a policy that grants members of the university community the right to reserve certain outdoor spaces in advance;
    12. All students and faculty are allowed to invite guest speakers to campus to engage in free speech regardless of the views of the guest speakers;
    13. Students are not charged fees based on the content of their speech, the content of the speech of guest speakers invited by students, or the anticipated reaction or opposition of listeners to the speech; and
    14. The institution does not disinvite a speaker invited by a student, student organization, or faculty member because the speaker’s anticipated speech may be considered offensive, unwise, disagreeable, conservative, liberal, traditional, or radical by students, faculty, administrators, government officials, or members of the public.
    1. Any person aggrieved by a violation of any policy adopted or required to have been adopted pursuant to subsection (2) of this section shall have a cause of action against the institution, or any of its agents acting in their official capacities, for damages arising from the violation, including reasonable attorney’s fees and litigation costs. (3) (a) Any person aggrieved by a violation of any policy adopted or required to have been adopted pursuant to subsection (2) of this section shall have a cause of action against the institution, or any of its agents acting in their official capacities, for damages arising from the violation, including reasonable attorney’s fees and litigation costs.
    2. A claim brought pursuant to this subsection may be asserted in any court of competent jurisdiction within one (1) year of the date the cause of action accrued. The cause of action shall be deemed to have accrued at the point in time the violation ceases or is cured by the institution.
    3. Excluding reasonable attorney’s fees and litigation costs, any prevailing claimant shall be awarded no less than one thousand dollars ($1,000) but no more than one hundred thousand dollars ($100,000) cumulatively per action. If multiple claimants prevail and the damages awarded would exceed one hundred thousand dollars ($100,000), the court shall divide one hundred thousand dollars ($100,000) amongst all prevailing claimants equally.
    1. The policies adopted pursuant to subsection (2) of this section shall be made available to students and faculty using the following methods: (4) (a) The policies adopted pursuant to subsection (2) of this section shall be made available to students and faculty using the following methods:
      1. Publishing in the institution’s student handbook and faculty handbook, whether paper or electronic; and
      2. Posting to a prominent location on the institution’s Web site.
    2. The policies adopted pursuant to subsection (2) of this section may also be made available to students and faculty using the following methods:
      1. Mailing electronically to students and faculty annually using their institutionally provided e-mail addresses; or
      2. Including in orientation programs for new students and new faculty.
    1. Nothing in this section shall be construed to grant students the right to engage in conduct that intentionally, materially, and substantially disrupts another’s expressive activity if that activity is occurring in a campus space previously scheduled or reserved for that activity or under the exclusive use or control of a particular group. (5) (a) Nothing in this section shall be construed to grant students the right to engage in conduct that intentionally, materially, and substantially disrupts another’s expressive activity if that activity is occurring in a campus space previously scheduled or reserved for that activity or under the exclusive use or control of a particular group.
    2. Conduct intentionally, materially, and substantially disrupts another’s expressive activity if it significantly hinders the expressive activity of another person or group, or prevents the communication of a message or the transaction of a lawful meeting, gathering, or procession by:
      1. Being of a violent or seriously disruptive nature; or
      2. Physically blocking or significantly hindering any person from attending, hearing, viewing, or otherwise participating in an expressive activity.
    3. Conduct does not intentionally, materially, and substantially disrupt another’s expressive activity if the conduct:
      1. Is protected under the First Amendment to the United States Constitution or the Constitution of the Commonwealth of Kentucky, including but not limited to lawful protests and counter-protests in the outdoor areas of campus generally accessible to the public, except during times when those areas have been reserved in advance for other events; or
      2. Is an isolated occurrence that causes minor, brief, and nonviolent disruptions of expressive activity.

HISTORY: 2017 ch. 15, § 4, effective June 29, 2017; 2019 ch. 169, § 1, effective June 27, 2019.

Legislative Research Commission Notes.

(6/27/2019). Section 2 of 2019 Ky. Acts ch. 169 states that Section 1 of that Act, which amended this statute, may be cited as the Campus Free Speech Protection Act.

164.350. General powers and duties of boards of regents.

  1. The government of each of the state universities and the Kentucky Community and Technical College System is vested in its respective board of regents. Each board of regents, when its members have been appointed and qualified, shall constitute a body corporate, with the usual corporate powers, and with all immunities, rights, privileges, and franchises usually attaching to the governing bodies of educational institutions. Each board may:
    1. Receive grants of money and expend the same for the use and benefit of the university or college;
    2. Determine the number of divisions, departments, bureaus, offices, and agencies needed for the successful conduct of the affairs of the university or college; and
    3. Grant diplomas and confer degrees upon the recommendation of the president and faculty.
  2. Each board shall adopt bylaws, rules, and regulations for the governance of its members, officers, agents, and employees, which shall reference the member removal and replacement provisions of KRS 63.080 , and the board shall enforce obedience to such bylaws, rules, and regulations.
  3. Each board of regents shall periodically evaluate the institution’s progress in implementing its missions, goals, and objectives to conform to the strategic agenda. Officers and officials shall be held accountable for the status of the institution’s progress.
  4. In addition to the duties required in subsections (1), (2), and (3) of this section, the board of regents for the Kentucky Community and Technical College System, upon recommendation of the president of the system, shall:
    1. Develop and implement guidelines for the preparation of biennial budget requests by the administrators of the colleges within the system. The guidelines shall define the processes for review and approval by the boards of directors for the colleges;
    2. Adopt a biennial budget request for the Kentucky Community and Technical College System upon the recommendation of the president of the system;
    3. Adopt an allocation process for distributing funds to the colleges within the system;
    4. Consider recommendations from the boards of directors of the colleges to improve the overall budget planning and allocation processes;
    5. Designate each college with a name;
    6. Encourage and accept donations of land and funds to be used in the acquisition, construction, or operations of colleges in the system. The board may commemorate donations from private persons or corporations with suitable memorials; and
    7. Accept federal grants when deemed appropriate to be used in the acquisition, construction, or operations of colleges in the system.

Require such reports from the president, officers, faculty, and employees as it deems necessary and proper from time to time;

The board of regents shall ensure that the budget planning and implementation processes are consistent with the adopted strategic agenda and biennial budget and with the missions of the institutions within the system.

History. 4527-44; amend. Acts 1997 (1st Ex. Sess.), ch. 1, § 101, effective May 30, 1997; 2003, ch. 56, § 3, effective June 24, 2003; 2017 ch. 101, § 7, effective March 21, 2017.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Liability.
1. Constitutionality.

Where no violation of any constitutional right was demonstrated, the university had the prerogative to determine that it was inappropriate for it as an institution of higher learning to sponsor the showing of the questioned film as a part of its educational program. Associated Students of Western Kentucky University v. Downing, 475 F.2d 1132, 1973 U.S. App. LEXIS 10857 (6th Cir. Ky.), cert. denied, 414 U.S. 873, 94 S. Ct. 152, 38 L. Ed. 2d 113, 1973 U.S. LEXIS 867 (U.S. 1973).

2. Liability.

The college, like other specially created public bodies corporate exercising governmental functions and expressly made amenable to suit, is not liable for the torts of its officers or agents, the exemption being derived from or existing in the sovereignty of the state itself. The legislature has the power to waive its agency’s immunity in the same manner it may waive the state’s own immunity. Daniel's Adm'r v. Hoofnel, 287 Ky. 834 , 155 S.W.2d 469, 1941 Ky. LEXIS 654 ( Ky. 1941 ).

Special resolution of legislature authorizing suit against Commonwealth and Western Kentucky Teachers’ College to determine liability of commonwealth or its agency for injury arising from negligence of Commonwealth or its agency and providing that compromise settlement or judgment should be paid out of general fund of Commonwealth, waived immunity for both Commonwealth and the college, and consented to suit. Daniel's Adm'r v. Hoofnel, 287 Ky. 834 , 155 S.W.2d 469, 1941 Ky. LEXIS 654 ( Ky. 1941 ).

Legislature, having authority to waive immunity of state from liability for tort by resolution, also has power to waive immunity of its agency in like manner. Daniel's Adm'r v. Hoofnel, 287 Ky. 834 , 155 S.W.2d 469, 1941 Ky. LEXIS 654 ( Ky. 1941 ).

Opinions of Attorney General.

The governing bodies of the state university and colleges, under their power of appointment and their power to operate the institutions, have an area of reasonable discretion in effecting payment of recruiting expenses such as travel and lodging, whether those interviewed are employed or not, out of funds labelled “general expense.” OAG 64-421 .

A board of regents has no authority to make a voluntary contribution toward helping a city develop and operate a landfill disposal system. OAG 69-111 .

Reasonable regulations governing the curfew hours of female students are proper within the framework of the authority given boards of regents in this section and may be enforced through appropriate disciplinary measures. OAG 69-132 .

A student committee, after learning of an infraction, could gather information and forward it to the committee designated by the regents under KRS 164.370 . OAG 69-132 .

Subsection (2) (now (1)(b)) of this section authorizes the board of regents to adopt a resolution permitting the president of the university to temporarily but summarily suspend and cause the removal from the university a student who was guilty of disruptive or coercive acts against the university, the suspension and removal being subject to later review. OAG 69-269 .

The board of regents of Northern Kentucky State College may devise a seal for use by the institution. OAG 69-338 .

A regulation providing for the search of a student’s room was reasonable and was a valid exercise of the regents’ power. OAG 69-614 .

Where the board of regents of a state college executed a note without the prior knowledge or consent of the Department of Finance (now Finance and Administration Cabinet), the note was void and the bank could not legally collect interest on the void note. OAG 70-483 .

Where the board of regents of a state college purchased a piece of property and executed a demand note for the price of the property and interest, all without the prior knowledge or approval of the Department of Finance (now Finance and Administration Cabinet), the note transaction and purchase were void. OAG 70-483 .

Under this section the board of regents of Western Kentucky University has the authority to enact a regulation prohibiting any university employe or professor from becoming a candidate for nomination or election to any paid public office. OAG 71-443 .

The Murray State University board of regents can enter into a contract under this section with another corporate entity for the purpose of running the University bookstore, thus the board of regents violated no state statutes when it exercised its corporate powers under this section by entering into a contractual agreement with the unique, limited purpose Murray State University foundation for the operational control of its bookstore; the University retained the ownership and ultimate legal rights to the bookstore inventory and business as such. OAG 80-486 .

164.351. Information on preventing transmission of HIV infection to be made available to freshmen and transfer students.

  1. State colleges and universities and the Kentucky Community and Technical College System shall provide information on how to prevent the transmission of the human immunodeficiency virus consistent with the Centers for Disease Control guidelines, to all freshmen and transfer students.
  2. Each state technical institution, community college, or university shall inform students of the name and telephone number of a technical institution, community college, college, or university counselor trained to counsel persons about the human immunodeficiency virus.

History. Enact. Acts 1990, ch. 443, § 38, effective July 13, 1990; 1997 (1st Ex. Sess.), ch. 1, § 102, effective May 30, 1997.

Research References and Practice Aids

Northern Kentucky Law Review.

Braden, Aids: Dealing With the Plague, 19 N. Ky. L. Rev. 277 (1992).

164.352. Military recruiters’ access to university campuses and student directory information.

If a board of trustees or regents of a public institution of postsecondary education provides access to its campus or its student directory information to persons or groups which make students aware of occupational or educational options, the boards shall provide access on the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military.

History. Enact. Acts 1982, ch. 84, § 1, effective July 15, 1982; 1997 (1st Ex. Sess.), ch. 1, § 103, effective May 30, 1997.

164.355. Agriculture and mechanic arts departments at Kentucky State University — Federal fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 41, § 9) was repealed by Acts 1988, ch. 257, § 7, effective July 15, 1988.

164.357. Governmental Services Center at Kentucky State University — Authority to direct — Duties and responsibilities of center — Executive director of authority.

  1. There is established as a separate administrative body of state government the Governmental Services Center at Kentucky State University which shall be attached to the Personnel Cabinet for administrative purposes. The center shall be governed by the Governmental Services Center Authority.
  2. The authority shall consist of the president of Kentucky State University, who shall be chairman, the secretary of the Finance and Administration Cabinet, the secretary of the Personnel Cabinet, two (2) members appointed by the Governor, each of whom shall serve as ex officio voting members of the authority, and two (2) other voting members to be appointed by the chairman of the authority. Appointed members shall be citizens and residents of the Commonwealth of Kentucky. The initial term of one (1) of the members appointed by the chairman shall be for two (2) years, and the initial term of the other appointed member shall be for a term of four (4) years; thereafter, all appointments shall be for terms of four (4) years, but appointed members shall be removable at will by the chairman of the authority.
  3. The Governmental Services Center at Kentucky State University, under direction of the authority, shall be responsible for the development, coordination, content, approval, and implementation of all training, employee development, and related programs conducted for and on behalf of all program cabinets, departments, administrative bodies, and program managers of the state government. The center shall conduct, or cause to be conducted, ongoing management training programs for all program managers and supervisors within the executive branch of state government. The organizational units whose supervisors and managers received training at the center shall share the cost of the training on a pro rata basis. The center shall encourage the enrollment of state employees in academic courses and programs at Kentucky State University. If desired academic courses are not available at the university, and cannot feasibly be developed by the university, other universities and community colleges within the Commonwealth shall be utilized. The authority shall determine the appropriateness of all such programs.
  4. The authority may employ an executive director and other employees necessary to perform the functions of the center in accordance with the provisions of KRS Chapter 18A. The executive director or any staff member of the center may hold concurrently with their employment by the center, and subject to the provisions of KRS 164.360 and 164.365 , faculty appointments of appropriate rank at Kentucky State University.
  5. Members of the authority who are not either state or university employees shall be reimbursed for their actual expenses in attending meetings for the authority.

History. Enact. Acts 1984, ch. 346, § 2, effective July 13, 1984; 1998, ch. 154, § 81, effective July 15, 1998; 2005, ch. 85, § 599, effective June 20, 2005.

Opinions of Attorney General.

A state agency legally may grant tuition assistance or tuition reimbursement to a state employee based on this section, which gives authority for coordination, implementation, and approval of training and employee development programs to the Governmental Services Center. OAG 91-120 .

164.3571. Authority of center toward local government — Reimbursement.

  1. The Governmental Services Center may, upon request of the Department for Local Government, and as financial and staff resources permit, develop, coordinate, implement, assist, and conduct employee and management training programs, seminars, and conferences, for agencies, departments, divisions, boards, and commissions of county and city government, and any other political subdivisions of the state.
  2. The Governmental Services Center may enter into contractual agreements with county and city governments and other political subdivisions as necessary to allow the Governmental Services Center to properly perform its duties and responsibilities as established by KRS 164.3571 to 164.3573 .
  3. Any agency of a county, city, or other political subdivision whose employees receive the benefit of the Governmental Services Center’s services, shall reimburse the Governmental Services Center for those costs and expenses which it incurs as a result of providing these services.

History. Enact. Acts 1990, ch. 301, § 1, effective July 13, 1990; 1998, ch. 69, § 64, effective July 15, 1998; 2007, ch. 47, § 79, effective June 26, 2007; 2010, ch. 117, § 75, effective July 15, 2010.

164.3572. Authority of center toward private industry — Reimbursement.

  1. In furtherance of the Commonwealth’s economic development programs, the Governmental Services Center may, upon request of the Cabinet for Economic Development and as financial and staff resources permit, develop, coordinate, implement, assist, and provide private industry with consultation, research, programs, and employee assessment services.
  2. The Governmental Services Center may enter into contractual agreements with private industry, as necessary to allow the Governmental Services Center to properly perform its duties and responsibilities as established by KRS 164.3571 to 164.3573 .
  3. Any private industry whose employees or prospective employees receive the benefit of any of the Governmental Services Center’s programs shall reimburse the Governmental Services Center for the costs and expenses which it incurs as a result of developing, coordinating, implementing, and conducting any of the programs or services provided in KRS 164.3571 to 164.3573 .

History. Enact. Acts 1990, ch. 301, § 2, effective July 13, 1990.

164.3573. Deposit of receipts for services.

The receipts for services rendered by the Governmental Services Center pursuant to KRS 164.3571 to 164.3573 shall be deposited in the State Treasury and credited to the trust and agency fund of the Governmental Services Center’s operating account.

History. Enact. Acts 1990, ch. 301, § 3, effective July 13, 1990.

164.360. Appointment and removal of president, faculty, and employees.

    1. Each board of regents for the universities may appoint a president, and on the recommendation of the president may, in its discretion, appoint all faculty members and employees and fix their compensation and tenure of service, subject to the provisions of subsection (2) of this section. (1) (a) Each board of regents for the universities may appoint a president, and on the recommendation of the president may, in its discretion, appoint all faculty members and employees and fix their compensation and tenure of service, subject to the provisions of subsection (2) of this section.
    2. The board of regents for the Kentucky Community and Technical College System shall appoint a president, and on the recommendation of the president may, in its discretion, appoint all faculty members and employees and fix their compensation and tenure of service, subject to the provisions of subsection (2) of this section.
  1. No person shall be employed for a longer period than four (4) years. No person shall be employed at an institution where his relative serves on the board of regents for that institution.
  2. Each board may remove the president of the university or Kentucky Community and Technical College System, and upon the recommendation of the president may remove any faculty member or employees, but no president or faculty member shall be removed except for incompetency, neglect of or refusal to perform his duty, or for immoral conduct. A president or faculty member shall not be removed until after ten (10) days’ notice in writing, stating the nature of the charges preferred, and after an opportunity has been given him to make defense before the board by counsel or otherwise and to introduce testimony which shall be heard and determined by the board. Charges against a president shall be preferred by the chairperson of the board upon written information furnished to him, and charges against a faculty member shall be preferred in writing by the president unless the offense is committed in his presence.

History. 4527-44, 4527-46; amend. Acts 1974, ch. 386, § 32; 1992, ch. 10, § 14, effective July 1, 1992; 1997 (1st Ex. Sess.), ch. 1, § 104, effective May 30, 1997; 2005, ch. 173, Pt. I, K.1.(11), § 1, effective March 20, 2005.

Legislative Research Commission Notes.

(7/1/2006). Because of the Governor's partial veto #9 of 2005 HB 267, the amendment to KRS 164.360 which was made by 2005 Ky. Acts ch. 173, Pt. I, K.1.(11), § 1, was only effective until July 1, 2006. The version that was last amended by 1997 (1st Extra. Sess.) by Ky. Acts ch. 1, § 104, and that became effective on May 30, 1997, has been reinstated.

NOTES TO DECISIONS

  1. Night Watchman.
  2. Tenure of Faculty Members.
  3. Failure to Exhaust Remedies.
1. Night Watchman.

In firing shot to stop automobile speeding through college campus, night watchman acted as employee of college and not as city policeman, where he was employed and paid by college and all duties were fixed by president, notwithstanding he was annually sworn in by mayor as college and merchant’s policeman, and wore policeman’s uniform and badge. Daniel's Adm'r v. Hoofnel, 287 Ky. 834 , 155 S.W.2d 469, 1941 Ky. LEXIS 654 ( Ky. 1941 ).

2. Tenure of Faculty Members.

Since exclusive jurisdiction is conferred upon the board of regents of each university or college to fix tenure of faculty members, former faculty members of a state university who did not qualify for tenure under the policies adopted by the university had not acquired any property interest in their jobs which triggered due process protection when their contracts were not renewed. Wells v. Board of Regents, 545 F.2d 15, 1976 U.S. App. LEXIS 6054 (6th Cir. Ky. 1976 ).

Although tenure for faculty members in the public colleges and universities of Kentucky is not determined by a statutory scheme, it is clear that formal tenure can only be granted by recommendation of a university’s president and the affirmative votes of a majority of its board of regents. Edinger v. Board of Regents of Morehead State University, 906 F.2d 1136, 1990 U.S. App. LEXIS 10934 (6th Cir. Ky. 1990 ).

Even though associate professor’s contract was marked “tenured” and signed by an authorized agent, the statutory requirement that the majority of the board of regents must approve any grant of tenure was not obviated where the board’s minutes failed to show such approval. Edinger v. Board of Regents of Morehead State University, 906 F.2d 1136, 1990 U.S. App. LEXIS 10934 (6th Cir. Ky. 1990 ).

KRS 164.365 gave the Board of Regents of Kentucky State University plenary authority to offer professor tenure in an endowed chair upon appointment, and the limiting language of this section did not limit this authority, as to do so would render meaningless every tenured position in Kentucky’s universities. Board of Regents of Ky. State Univ. v. Gale, 898 S.W.2d 517, 1995 Ky. App. LEXIS 66 (Ky. Ct. App. 1995).

3. Failure to Exhaust Remedies.

Where a state university president was due to have a hearing on certain charges before the board of regents, his failure to exhaust the procedural and substantive requirements of this section, the fact that adequate relief was still available after the hearing, if necessary, and the fact that each regent who was to be enjoined had testified that he had not prejudged the case and would vote on removal solely based on the evidence adduced at the hearing, prevented the president from making a sufficient showing of irreparable injury; accordingly, the trial court erred in enjoining four of the regents from participating in the hearing and relief pursuant to CR 65.07 was appropriate. Board of Regents v. Curris, 620 S.W.2d 322, 1981 Ky. App. LEXIS 278 (Ky. Ct. App. 1981).

Opinions of Attorney General.

Despite the provisions of KRS 164.365 , in view of this section and since the granting of tenure to a teacher is tantamount to employing him, the board of regents of a state university may not grant tenure except upon a majority affirmative vote of all members of the board, in accordance with KRS 164.340 , and may not grant tenure to any teacher not recommended for tenure by the university president. OAG 75-634 .

A regulation concerning promotion and tenure which provided that a faculty member of a state university would automatically be tenured upon reemployment for the sixth year would not be in conformity with this section, for there must be a recommendation by the president of the university for tenure status for the faculty member after the fifth year of service. OAG 76-176 .

Where a president of a state university is serving a period of employment for a period up to four years, the board of regents may, within a reasonable time before the end of the first period of employment, rehire the president for another term of employment not to exceed four years. OAG 77-579 .

A letter of transmittal which was presented to a university board chairman prior to charges being preferred against a university president or faculty member is an official document which is required by subsection (3) of this section and therefore is a public record which should be made available for public inspection under the Open Records Law, KRS 61.870 to 61.884 . OAG 81-291 .

A person may be elected or appointed to a state college or university board of regents or trustees if that person has a relative who is employed by the college or university prior to the election or appointment of the regent or trustee. OAG 2015-09

Research References and Practice Aids

Kentucky Law Journal.

Comments, The Dismissal of Public School Teachers for Aberrant Behavior, 64 Ky. L.J. 911 (1975-76).

Comments, Constitutional Limitations on Mandatory Teacher Retirement, 67 Ky. L.J. 253 (1978-1979).

Kentucky Law Survey, Oberst and Hunt, Administrative and Constitutional Law, 71 Ky. L.J. 417 (1982-83).

164.365. Governing boards to have exclusive control of employment, tenure, and official relations of employees — Payroll deduction of employee membership organization dues for KCTCS employees.

  1. Anything in any statute of the Commonwealth to the contrary notwithstanding, the power over and control of appointments, qualifications, salaries, and compensation payable out of the State Treasury or otherwise, promotions, and official relations of all employees of Eastern Kentucky University, Western Kentucky University, Murray State University, Northern Kentucky University, and Morehead State University, as provided in KRS 164.350 and 164.360 , and of Kentucky State University and the Kentucky Community and Technical College System, shall be under the exclusive jurisdiction of the respective governing boards of each of the institutions named.
  2. The board of regents for the Kentucky Community and Technical College System shall develop personnel rules for the governing of its members, officers, agents, and employees by June 30, 1998. The board shall adopt interim policies to govern employees hired from July 1, 1997, until the permanent rules are adopted.
  3. Upon receipt of a written authorization from an employee of the Kentucky Community and Technical College System, the board shall deduct dues from the employee’s paycheck for employee membership organizations. Dues shall be deducted at a rate established by the organization, and shall be discontinued upon written notification by an employee to both the system and the employee organization. On a quarterly basis, the Kentucky Community and Technical College System shall provide to each employee membership organization an updated list that includes the names and home addresses of the employees who are having dues deducted from their paychecks for the purpose of maintaining membership in that organization.

History. Enact. Acts 1952, ch. 28, § 2; 1990, ch. 60, § 1, effective July 13, 1990; 1997 (1st Ex. Sess.), ch. 1, § 105, effective May 30, 1997.

NOTES TO DECISIONS

  1. Tenure of Faculty Members.
  2. Employees.
1. Tenure of Faculty Members.

Since exclusive jurisdiction is conferred upon the board of regents of each university or college to fix tenure of faculty members, former faculty members of a state university who did not qualify for tenure under the policies adopted by the university had not acquired any property interest in their jobs which triggered due process protection when their contracts were not renewed. Wells v. Board of Regents, 545 F.2d 15, 1976 U.S. App. LEXIS 6054 (6th Cir. Ky. 1976 ).

This section gave the Board of Regents of Kentucky State University plenary authority to offer professor tenure in an endowed chair upon appointment and the limiting language of KRS 164.360 did not limit this authority, as to do so would render meaningless every tenured position in Kentucky’s universities. Board of Regents of Ky. State Univ. v. Gale, 898 S.W.2d 517, 1995 Ky. App. LEXIS 66 (Ky. Ct. App. 1995).

2. Employees.

The university had the right to prohibit its employee from subcontracting with a firm which it contracted with to perform services for the university, pursuant to KRS 164.390 , as the plain meaning of the statute prohibited the employee from simultaneous employment with his employer and maintenance of a subcontractor relationship to perform work on the employer’s grounds. Witt v. E. Ky. Univ., 205 S.W.3d 263, 2006 Ky. App. LEXIS 314 (Ky. Ct. App. 2006).

Opinions of Attorney General.

The governing bodies of the state university and colleges, under their power of appointment and their power to operate the institutions, have an area of reasonable discretion in effecting payment of recruiting expenses such as travel and lodging, whether those interviewed are employed or not, out of funds labelled “general expense.” OAG 64-421 .

Despite the provisions of this section, in view of KRS 164.360 and since the granting of tenure to a teacher is tantamount to employing him, the board of regents of a state university may not grant tenure except upon a majority affirmative vote of all members of the board, in accordance with KRS 164.340 , and may not grant tenure to any teacher not recommended for tenure by the university president. OAG 75-634 .

Research References and Practice Aids

Northern Kentucky Law Review.

Notes, School Law — Nonrenewal of Nontenured Teacher's Contract — Procedural Due Process —Wells v. Board of Regents, 545 F.2d 15, 1976 U.S. App. LEXIS 6054 (6th Cir. 1976) andPlummer v. Board of Regents, 552 F.2d 716, 1977 U.S. App. LEXIS 13918 (6th Cir. 1977), 5 N. Ky. L. Rev. 141 (1978).

164.367. Governing board may permit its employees to have an interest in a contract between the institution and a business — Regulations to be forwarded to the Legislative Research Commission.

  1. For the purposes of this section, “business” has the same meaning as defined in KRS 11A.010 .
  2. The governing board of each public postsecondary education institution may adopt regulations establishing the conditions under which and the procedures whereby the board may approve a specific instance of an employee having an interest in a contract between the institution and a business.
  3. Each governing board shall forward, as soon as is practicable, a copy of the regulations it adopts under provisions of this section to the Legislative Research Commission. A board shall also forward any subsequent changes to the regulations to the Commission.

History. Enact. Acts 2007, ch. 113, § 1, effective June 26, 2007.

164.370. Suspension or expulsion of students.

Each board of regents may invest the faculty or a representative committee of designated faculty, staff, and students with the power to suspend or expel any student for disobedience to its rules, or for any other contumacy, insubordination or immoral conduct. In every case of suspension or expulsion of a student the person suspended or expelled may appeal to the board of regents. The board of regents shall prescribe the manner and the mode of procedure on appeal. The decision of the board of regents shall be final.

History. 4527-44, 4527-47; amend. Acts 1978, ch. 51, § 1, effective June 17, 1978; 2010, ch. 77, § 1, effective July 15, 2010.

Opinions of Attorney General.

A student committee, after learning of an infraction, could gather information and forward it to the committee designated by the regents under this section. OAG 69-132 .

This section deals with the procedure to be followed in routine disciplinary cases and would not prevent the board of regents from delegating to the president of the university the authority to suspend a student who was guilty of disruptive or coercive activity against the university, the suspension and removal being subject to later review. OAG 69-269 .

Students of the elementary and secondary levels who have been admitted to a model and practice school conducted by a state college or university are entitled to the due process consideration of this section. OAG 70-149 .

A university student cannot be a voting member of a disciplinary board that would hear student disciplinary matters that could involve the suspension or expulsion of students. OAG 77-746 .

164.375. Policy statements of boards of trustees concerning “hazing” activities of campus organizations.

  1. The boards of trustees of the University of Kentucky and the University of Louisville and the boards of regents of those state colleges set out in KRS 164.290 shall, within ninety (90) days of July 15, 1986, adopt statements of campus policy which prohibit any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization. Such policy statements shall govern the conduct of students, faculty and other staff as well as visitors and other licensees and invitees on such campuses and property. The penalties for violations of such policy statements shall be clearly set forth therein and shall include provisions for the ejection of a violator from such campus and property, in the case of a student or faculty violator his suspension, expulsion or other appropriate disciplinary action and, in the case of an organization which authorizes such conduct, rescission of permission for that organization to operate on campus property. Such penalties shall be in addition to any penalty pursuant to the penal law or any other chapter to which a violator or organization may be subject. A copy of such policy statements which prohibit reckless or intentional endangerment to health or forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization shall be given to all students enrolled in said college and shall be deemed to be part of the bylaws of all organizations operating on said campus.
  2. Nothing contained in this section is intended nor shall it be construed to limit or restrict the freedom of speech nor peaceful assembly.

History. Enact. Acts 1986, ch. 366, § 1, effective July 15, 1986.

164.376. Housing and security policy for safe residence facilities for students with a disability.

  1. As used in this section, unless the context requires otherwise, “disability” has the same meaning as the definition given in KRS 344.010 .
  2. The Council on Postsecondary Education shall develop guidelines for the adoption of policies by postsecondary education institutions with residence facilities that provide students with a disability a safe environment in which to live and study.
  3. Each institution shall develop a housing and security policy in compliance with the council’s guidelines that shall be visibly posted in each residence facility, made available on campus computer networks to which students have access, and included in all student housing information. The policies shall include, but not be limited to, an appeals process that may be used by students, their parents, or their advocates when they have reason to believe that the institution’s policy or the student’s housing assignment does not reasonably accommodate the student’s disability or endangers the student’s safety or health. The appeals process shall mandate that the body assigned to hear the appeal shall not include representatives of the original department that made the housing assignment that is being appealed.
  4. Each institution shall prepare at the beginning of each semester a list with the name and residency assignment of each student with a disability, as reported to the institution by the student or the student’s parent or advocate, as appropriate. The list shall be given to the campus housing and security authorities to be used in an emergency to identify, locate, and act to help, protect, and if necessary, rescue the student with a disability.

History. Enact. Acts 2000, ch. 191, § 1, effective July 14, 2000.

164.377. Duplication of keys prohibited.

No person shall knowingly make or cause to be made any key, for which notice of the prohibition against duplication thereof has been given either by impressing into the key the legend “Unlawful to duplicate this key” or by placing the notice “It is unlawful to duplicate this key without the permission of the university.” Upon the receipt for the key which is to be signed by the recipient of the key, for any building, laboratory, facility, room, or other lock of any college or university which is supported wholly, or in part, by the Commonwealth of Kentucky, contrary to any administrative regulation respecting duplication of keys by the board of trustees of such college or university.

History. Enact. Acts 1988, ch. 148, § 1, effective July 15, 1988.

164.380. Model and practice school — Requirements — Adoption of school policies — Model and practice school advisory council — Personnel.

  1. The board of regents of Eastern Kentucky University shall operate, maintain, and serve as the fiscal agent for a model and practice school which shall be an educational laboratory school under the supervision of thoroughly trained and certified education professionals for the purpose of piloting and testing kindergarten through high school educational pedagogies, practices, programs, assessments, and innovations to further the educational mission of the Commonwealth.
  2. The model and practice school shall:
    1. Be a university-operated public school under the governance of the Eastern Kentucky University board of regents that is separate from any school district;
    2. If confirmed by the board of regents, serve as a local education agency for the purposes of federal programs;
    3. Be subject to all statutes and regulations applicable to any other subdivision of the university, and to those statutes and regulations identified in this section or those relating to health, safety, and civil rights that are applicable to school districts;
    4. Enroll students in grades kindergarten through twelve (12), from any district in the Commonwealth, in compliance with the university’s nondiscrimination policy and in alignment with the school’s research objectives;
    5. Ensure students meet compulsory attendance requirements under KRS 158.030 and 158.100 ;
    6. Ensure high school course offerings meet or exceed the minimum high school requirements established pursuant to KRS 156.160 ;
    7. Participate in the assessment and accountability system under KRS Chapter 158 in the same manner as a school district and be rated and reported in the same manner as a school district;
    8. Use the same system for recording student information data as utilized by local school districts across the state in the same manner as a school district;
    9. Be subject to the same statutes requiring or authorizing criminal background checks and clear CA/N checks as specified in KRS 160.380 and 161.148 in the same manner as a school district;
    10. Provide instructional time that is at least equivalent to the student instructional year specified in KRS 158.070 ;
    11. Be eligible to participate in the education technology funding program under the same conditions as a district under KRS 157.655 and 157.665 ;
    12. Provide sufficient data to the Department of Education to generate school report cards under KRS 158.6453 ;
    13. Unless otherwise prevented by state or federal law, be eligible to apply for or participate in any state grant programs offered to school districts;
    14. Be eligible to participate in alternative educator certification, educator rank change, and educator internship programs in the same manner as a school district; and
    15. Be eligible to participate in state-sponsored interscholastic athletics, academic programs, competitions, awards, scholarships, and recognition programs for students, educators, administrators, and schools to the same extent, and subject to the same conditions, as any other public school or individual.
  3. The board of regents shall adopt model and practice school policies to:
    1. Develop and identify the research objectives to be conducted in the school that shall respond to the education needs within the Commonwealth and may be coordinated with the Department of Education, the Education Professional Standards Board, other academic colleges at Eastern Kentucky University, other universities or state agencies, or as directed by the General Assembly;
    2. Govern the conduct of research at the school by the university and other research partners;
    3. Establish tuition and fees, if any, for student enrollment. The policy shall include that no student who would qualify under federal law for free or reduced-price lunch shall be required to pay fees and no student shall be required to pay additional tuition or fees for exceptional education services;
    4. Establish enrollment guidelines that reflect the school’s research objectives and may include a maximum enrollment cap of students residing in a local school district through an agreement entered into with the district’s local board of education;
    5. Provide for the operation and management of the school, which shall include establishing the guidelines for the selection, implementation, and procurement of instructional programs, resources, materials, technology, and textbooks; and
    6. Issue high school diplomas to students who meet the state graduation requirements established pursuant to KRS 156.160 .
  4. The Eastern Kentucky University board of regents shall establish a model and practice school advisory council to provide general oversight and guidance for the operation of the school.
    1. The advisory council shall be composed of:
      1. The superintendent of the school, who shall serve as chair;
      2. One (1) member who shall be a faculty member working at the school;
      3. Two (2) members who shall be faculty working outside of the school;
      4. Two (2) members who shall be residing in counties in which students attending the school reside;
      5. Two (2) members who shall be parents of students attending the school; and
      6. One (1) member who shall be a secondary student at the school.
    2. Other than the superintendent, all members of the advisory council shall be appointed by the president of the university for two (2) year terms beginning on July 1 and any vacancy shall be filled in the same manner for the balance of the unexpired term.
    3. The council shall annually elect a vice chair at the first meeting of the school year.
    4. Council members shall not receive a per diem for their service but may be reimbursed for travel related expenses according to policies adopted by the board of regents.
    5. The council shall advise the superintendent, president, and board of regents on matters relating to the function of the school and shall:
      1. Meet at least quarterly;
      2. Review and provide feedback on the strategic plan of the school;
      3. Review and provide feedback on the results of student performance, programs and initiatives, and the implementation of the strategic plan;
      4. Provide recommendations on programming and research; and
      5. Provide feedback to the president on the performance of administrative team members of the school.
  5. The average daily attendance of the students attending the model and practice school shall be included in the average daily attendance of the students’ districts of residence for the purpose of determining equalization under KRS 157.440(1)(a) and (b) and KRS 157.621 . The Department of Education shall also grant a district of residence a deduction for each of the district’s students attending the model and practice school that adjusts the calculation under KRS 157.390(5) of the district’s amount of local tax revenues generated for school purposes.
  6. The superintendent of the model and practice school and the commissioner of education shall collaborate on the identification of research initiatives for the model and practice school that may be relevant to the Commonwealth.
  7. All personnel of the model and practice school shall be university employees and shall be hired and employed subject to the university’s policies and procedures.
  8. Nothing in this section shall prohibit the superintendent or other model and practice school personnel from serving in other roles within the university. School personnel shall possess appropriate certifications and licenses as determined by the Education Professional Standards Board. However, school personnel shall be subject to the university’s promotion, compensation, and tenure policies and other personnel policies adopted by the board of regents.

History. 4527-50; 2020 ch. 66, § 1, effective July 15, 2020.

164.385. Continuing education program for midlevel health care practitioners. [Repealed]

History. Enact. Acts 1990, ch. 482, § 10, effective July 13, 1990; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 482, § 10, effective July 13, 1990) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

164.390. Interest in contracts prohibited.

Unless specifically approved by the governing board of an institution under the provisions of KRS 164.367 , no president, professor, teacher, member of the executive council, or other officer or employee shall be interested in any contract or purchase for the building or repairing of any structure or furnishing of any supplies for the use of a university or college.

History. 4527-48; amend. Acts 1978, ch. 392, § 3, effective June 17, 1978; 2007, ch. 113, § 3, effective June 26, 2007.

NOTES TO DECISIONS

1. Applicability.

The university had the right to prohibit its employee from subcontracting with a firm which it contracted with to perform services for the university, pursuant to KRS 164.390 , as the plain meaning of the statute prohibited the employee from simultaneous employment with his employer and maintenance of a subcontractor relationship to perform work on the employer’s grounds. Witt v. E. Ky. Univ., 205 S.W.3d 263, 2006 Ky. App. LEXIS 314 (Ky. Ct. App. 2006).

Opinions of Attorney General.

The purchase or rental of goods or services by the student organization from a member of the board of regents, including the nonvoting student member, is prohibited by this section. OAG 68-560 .

The nonvoting student member of the board of regents would be prohibited from any of the acts proscribed by this section. OAG 68-560 .

There was no conflict of interests where a member of the board of regents of a state university, serving without compensation, was awarded a contract with another unrelated state agency. OAG 70-693 .

A part-time employee would be equally as subject to the terms of this section as a full-time employee. OAG 71-382 .

The fact that an employee was not teaching at the time of his bid was submitted and received would not remove him from the terms of this section where he was under a contract to teach part-time during the regular school year. OAG 71-382 .

164.400. Incidental expenses — Fees.

The respective boards of regents of the state universities and colleges and the Kentucky Community and Technical College System shall establish such incidental fees and nonresident tuition fees as will be sufficient for the purpose of paying the incidental expenses of the university or college and as are consistent with the recommendations of the Council on Postsecondary Education. No money derived from nonresident tuition or other fees paid by students shall be used for any other purpose, except such amount as is over and above that needed to defray the incidental expenses.

History. 4527-49; amend. Acts 1978, ch. 155, § 104, effective June 17, 1978; 1997 (1st Ex. Sess.), ch. 1, § 106, effective May 30, 1997.

Opinions of Attorney General.

A funding proposal for a student public interest research group whereby each state university student would pay a fee of $2.00 per semester with a cash refund for any student who chooses not to participate exceeds the authority of both the Council on Public Higher Education (now Council on Higher Education) and the individual universities, since such a fee would not be an “incidental fee” within the meaning of this section and would not be charged for services given or made available to the student. OAG 73-332 .

Any fee charged a student upon registering for a semester in a state university must be approved by the Council on Public Higher Education (now Council on Higher Education) and must be a fee charged by the university for services given or made available to the student. OAG 73-332 .

This section would not prevent a procedure whereby representatives of a private organization present during student registration at a state university could explain the organization to the student individually, the student not wishing to join so indicating on a form provided for that purpose, and if he does not so indicate, the membership fee being collected along with his student fees and tuition, and this negative checkoff system would obviate the objection raised in OAG 73-332 which held that such a membership fee could not be charged as a compulsory fee by the university. OAG 73-417 .

Research References and Practice Aids

Cross-References.

Trust or agency fund account may be established for fees, KRS 45.253 .

164.410. Acquisition and sale of property — Disposition of surplus property.

  1. The governing board of a postsecondary education institution may purchase or lease land under KRS 164A.575 for the purpose of securing the erection of buildings and may receive by any legal mode of conveyance, purchase, and hold property under KRS 164A.575 of any description that the board deems necessary for the purposes of the school, and may build and construct improvements for such purposes and hold or sell the same. If a governing board is unable to agree with the owner of the real estate as to its value, or to its purchase, it may proceed in its own name to condemn the real estate in the manner provided in the Eminent Domain Act of Kentucky. Real estate acquired by purchase or condemnation shall be paid for out of money appropriated to the institution.
  2. The governing board of each institution shall periodically review the assets of the institution and shall sell and convey under KRS 164A.575 those assets not necessary for implementing the institutional mission. Proceeds from the disposition shall be deposited in the unexpended plant fund account or in the fund for excellence authorized by KRS 164A.620 .
  3. Any real property acquired under this section shall be in name of the Commonwealth for the use and benefit of the institution.

History. 4527-44, 4527-51; amend. Acts 1976, ch, 140, § 69; 1982, ch. 391, § 7, effective July 15, 1982; 1988, ch. 257, § 2, effective July 15, 1988; 1997 (1st Ex. Sess.), ch. 1, § 107, effective May 30, 1997.

Opinions of Attorney General.

The amendment of subsection (1) of KRS 164.290 changing the name of Eastern Kentucky State College to Eastern Kentucky University did not affect the power of the board of regents to condemn real estate pursuant to this section. OAG 67-70 .

Where a testator left a farm to Eastern Kentucky University to be used as an experimental agricultural farm until the University wished to sell it, the Eastern Kentucky University board of regents had the power to sell the property to Henry County so long as the applicable statutes, KRS 45.360 (now repealed) and 56.500 , were complied with. OAG 80-295 .

Research References and Practice Aids

Cross-References.

Eminent Domain Act of Kentucky, KRS 416.540 to 416.680 .

Title to property to be taken in name of commonwealth, KRS 56.030 .

164.420. Duties of treasurer.

The treasurer of each governing board shall receive and disburse all money under the control of the board, perform all acts that pertain to his office under the direction of the board, and make timely reports to the board on a schedule established by the board.

History. 4527-56; amend. Acts 1988, ch. 257, § 3, effective July 15, 1988.

Research References and Practice Aids

Cross-References.

Receipts of state budget units to be paid into treasury, KRS 41.070 .

Reports of financial condition to be made to State Board of Education, KRS 157.060 .

164.430. Bond of treasurer. [Repealed.]

Compiler’s Notes.

This section (4527-54) was repealed by Acts 1946, ch. 27, § 39.

164.440. Depository — Bond and duties of.

Each board of regents shall appoint a bank or trust company to serve as its depository. The depository shall, before entering upon its duties, execute a bond for the faithful performance of the duties of the office, to be approved by the board. The bond shall be guaranteed by at least five (5) solvent personal sureties whose solvency exceeds the amount of the bond, or by a surety company authorized to do business in this state, or through the execution of a collateral bond consistent with the general banking laws of this state and the bonding laws applying to the safeguarding of state funds. The depository shall be designated for a period of one (1) year or a part thereof, and before entering upon its duties shall agree with the board of regents as to the amount of interest to be paid on average daily or average monthly balances. The interest shall not be less than two percent (2%) if the board pays the premium on the depository bond. The penal sum of the depository bond shall be determined by the board of regents and shall as nearly as possible cover the maximum amount of money that the board might have on hand in the depository at any one (1) time. The depository shall hold for the board, subject to its withdrawal at any time, all funds deposited by the treasurer or any agent of the board, and shall pay over to such person and in such manner as the board directs all funds so deposited. The depository shall keep full and complete accounts of all the board’s funds, make such reports to the board or its authorized agents as the board directs, and keep and turn over to the successor of its office all records relating to its transactions and duties together with all public funds on hand.

History. 4527-55.

Research References and Practice Aids

Cross-References.

Conditions of bonds of depositories of public funds, KRS 62.060 to 62.080 .

Receipts of state budget units to be paid into treasury, KRS 41.070 .

164.450. Secretary — Duties and compensation.

The secretary of each board of regents shall keep and prepare all records, books and papers belonging to the board. He shall keep a journal of the proceedings of the board in which, if requested by any member of the board, the “yeas” and “nays” on all questions shall be entered. He shall prepare, under the direction of the board, all reports and estimates, and shall execute all matters belonging to his office. His compensation shall be fixed by the board.

History. 4527-52.

NOTES TO UNPUBLISHED DECISIONS

1. Creation of Employment Contract.

It was not error to find the secretary of a university’s board of regents (board) had a one-year employment contract because minutes in which the board appointed the secretary for one year, under KRS 164.330 , and set the secretary’s compensation, under KRS 164.450 , constituted a lawfully authorized written contract, so KRS 45A.245(1) barred the university’s immunity defense to the secretary’s breach of contract claim. W.Ky.Univ. v. Esters, 2014 Ky. App. Unpub. LEXIS 1037 (Ky. Ct. App. Apr. 11, 2014).

164.460. Reports of presidents.

The president of each postsecondary education institution shall make to his governing board written reports which shall contain a full account of receipts of money from all sources, amount, and purpose of disbursements thereof, and the condition of the university or college. The reports shall be made according to a schedule established by the board.

History. 4527-53; amend. Acts 1988, ch. 257, § 4, effective July 15, 1988; 1997 (1st Ex. Sess.), ch. 1, § 108, effective May 30, 1997.

Research References and Practice Aids

Cross-References.

Reports to State Board of Education, KRS 157.060 .

164.465. Duty of presidents of postsecondary education institutions to distribute information to university’s governing board members.

  1. The presidents of state postsecondary education institutions identified in KRS 161.220(4)(b) or 164.001(13) or (17) shall distribute the written information provided by the Office of the Attorney General and the Department for Libraries and Archives under KRS 15.257 and 171.223 to each board of regents or governing board member of their university. Distribution shall be accomplished within sixty (60) days of receiving the written information from the Office of the Attorney General and the Department for Libraries and Archives. Distribution to newly appointed members shall be accomplished within sixty (60) days of their appointment. The distribution may be by electronic means.
  2. The presidents of state public postsecondary education institutions, as identified in subsection (1) of this section, shall require signatory proof that each board of regents or governing board member has received the written information as required under subsection (1) of this section, shall maintain documentation of receipt on file, and shall certify to the Office of the Attorney General that the written information has been distributed as required.

History. Enact. Acts 2005, ch. 45, § 5, effective June 20, 2005; 2008, ch. 113, § 11, effective July 15, 2008.

164.470. Funds to be used as specified.

All appropriations, grants, gifts, bequests and donations to a university or college for a specified use shall be applied to such use and no other.

History. 4527-57.

164.475. Allocation of enrollment positions by state schools of medicine and dentistry — Competitive selection of entering class medical, dental, or law students.

  1. The boards of trustees of the state colleges and universities offering degree programs in medicine or dentistry shall allocate seventy percent (70%) of the enrollment positions for the entering class each year, equally among each of the Kentucky Supreme Court districts, using the population of each Supreme Court district as determined by the last decennial federal census to determine that district’s proportion of the positions, and shall assign these apportioned enrollment positions for each district to those applicants who are legal residents in that Supreme Court district.
  2. Fifteen percent (15%) of the remaining positions shall be allocated to the state at-large and assigned to applicants who are legal residents at any place within the State of Kentucky.
  3. Any qualified legal resident shall have a preference in securing an assignment to a position when compared to a nonresident.
  4. The total number of nonresidents assigned positions shall not exceed fifteen percent (15%) of the total entering class enrollment positions assigned for any school year.
  5. The selection of entering class medical, dental, or law students shall be accomplished competitively with due consideration being given scholastic standings, recommendations of the pre-professional advisory committees of the various schools where the applicants pursue the pre-professional academic program, and their performance on any required admission test, and any other procedures that deal fairly with the applicant group as a whole.

History. Enact. Acts 1978, ch. 275, § 4, effective June 17, 1978; 1992, ch. 235, § 4, effective July 14, 1992.

Compiler’s Notes.

Section 9 of Acts 1992, ch. 235, provides:

“The terms of current members on the boards, commissions, and councils treated by statutes amended by this Act shall continue in force. When a vacancy occurs for a member appointed to be the representatives of one of the former seven congressional districts, whether by resignation, death, expiration of term, or otherwise, the vacancy shall be filled as follows:

  1. A vacancy from the former First Congressional District shall be filled by an appointee from the current First Supreme Court District.
  2. A vacancy from the former Second Congressional District shall be filled by an appointee from the current Second Supreme Court District.
  3. A vacancy from the former Third Congressional District shall be filled by an appointee from the current Fourth Supreme Court District.
  4. A vacancy from the former Fourth Congressional District shall be filled by an appointee from the current Sixth Supreme Court District.
  5. A vacancy from the former Fifth Congressional District shall be filled by an appointee from the current Third Supreme Court District.
  6. A vacancy from the former Sixth Congressional District shall be filled by an appointee from the current Fifth Supreme Court District.
  7. A vacancy from the former Seventh Congressional District shall be filled by an appointee from the current Seventh Supreme Court District.”

Opinions of Attorney General.

Any effort to apply this section to the enrolling class for the 1978-79 academic year would present an impairment of obligations infirmity, but no such infirmity could arise as to the potential entering enrollees for the 1979-80 academic year since notification of acceptance to the universities for that academic year has not yet been initiated. OAG 78-576 .

In view of the vague, indefinite and unclear language of this section and the prevailing case law on the subject, this new legislation is inoperative and void for uncertainty in meaning. OAG 78-576 .

Notwithstanding the fact that this section apparently failed to pass by virtue of a 40-40 vote in the Kentucky house, an enrolled bill, properly attested by the presiding officer of each house of the General Assembly, is conclusive of the regularity of the steps taken in its passage, and cannot be impeached by the journal of either house or in any other manner. OAG 78-576 .

The individual prospective students notified of admission to the universities for this 1978-79 academic year before the effective date of this section have vested rights which would be unlawfully impaired if the provisions of this new law were to be applied to them in a manner such as to now cause the withdrawal of certification of admission to the universities. OAG 78-576 .

To the extent the new legislation would modify or alter the authority of the Council on Higher Education’s powers for determining qualification for admission to the public institutions of higher education under KRS 164.020(3) (now (8)), there is no constitutional impediment under Ky. Const., § 51. OAG 78-576 .

Lung Cancer Research

164.476. Lung cancer research fund — Consortium between Universities of Kentucky and Louisville to be known as the Governance Board of the Lung Cancer Research Project — Annual audit.

  1. The “Lung Cancer Research Fund” is created and shall receive funds each year from the Kentucky health care improvement fund in the amount specified in KRS 304.17B-003 (5)(b). The lung cancer research fund shall be used to finance the Lung Cancer Research Project described in subsection (5) of this section. No revenues from the lung cancer research fund shall be allocated until the board has adopted the strategic plan described in subsections (5) and (6) of this section.
  2. A research consortium between the University of Kentucky and the University of Louisville is created and shall be known as the Governance Board of the Lung Cancer Research Project. The consortium shall be attached to the Council on Postsecondary Education for administrative purposes.
  3. The board shall consist of nine (9) members appointed by the Governor as follows:
    1. Two (2) members shall be from the faculty of the School of Medicine at the University of Kentucky;
    2. Two (2) members shall be from the faculty of the School of Medicine at the University of Louisville;
    3. Two (2) members shall be from the Council on Postsecondary Education; and
    4. Three (3) members shall be from the state at large, one (1) of whom shall be appointed chair by the Governor.
  4. Except as provided in paragraphs (a) to (d) of this subsection, the terms of the members shall be for four (4) years and until their successors are appointed and confirmed. A vacancy on the board shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Members may be reappointed. The initial appointments shall be for staggered terms, as follows:
    1. Two (2) members shall be appointed for one (1) year;
    2. Two (2) members shall be appointed for two (2) years;
    3. Two (2) members shall be appointed for three (3) years; and
    4. Three (3) members shall be appointed for four (4) years.
  5. The Governance Board of the Lung Cancer Research Project shall develop and oversee the implementation of a twenty (20) year strategic plan that utilizes the resources of both the University of Louisville and the University of Kentucky in establishing the Lung Cancer Research Project. The Lung Cancer Research Project shall be a joint program to:
    1. Develop an expertise in the area of lung cancer research with an immediate focus on early detection and epidemiology and with an ultimate goal of eradication of lung cancer;
    2. Establish a statewide clinical trial network to make university-based clinical trials available to the community physician in order to bring the most innovative cancer treatments to all Kentuckians in need of these treatments;
    3. Leverage the resources earmarked for the Lung Cancer Research Project toward the certification of the cancer program at the University of Kentucky and the University of Louisville by the National Cancer Institute as a cancer center; and
    4. Undertake other initiatives consistent with the strategic plan.
  6. The strategic plan shall identify both short-term and long-term goals and the appropriate oversights to measure progress toward achievement of those goals; it shall be updated every two (2) years.
  7. The Governance Board of the Lung Cancer Research Project shall submit an annual report to the Governor and the Legislative Research Commission by September 1 each year for the preceding fiscal year, outlining its activities and expenditures.
  8. The Auditor of Public Accounts, on an annual basis, shall conduct a thorough review of all expenditures from the lung cancer research fund and, if necessary in the opinion of the Auditor, the operations of the Lung Cancer Research Project and the lung cancer research fund.

History. Enact. Acts 2000, ch. 521, § 25, effective April 26, 2000; 2000, ch. 546, § 5, effective April 26, 2000.

Legislative Research Commission Note.

(7/14/2000). 2000 Ky. Acts ch. 521, sec. 25, and 2000 Ky. Acts ch. 546, sec. 5, are substantively identical and have been codified together. Subsections (2) to (8) of these two sections are identical in the two Acts. The language “the Kentucky health care improvement fund” in the first sentence of subsection (1) of ch. 546, sec. 5, has been allowed to prevail over “the tobacco settlement agreement fund created in KRS 248.654 ” under KRS 7.136(2) because of the amendment to KRS 248.654 in 2000 Ky. Acts ch. 546, secs. 1 and 4. The phrase “in the amount specified in KRS 304.17B-003 (5)(b)” was added by ch. 521, sec. 25, and does not substantively conflict with ch. 546, sec. 5. The remainder of subsection (1) of these two sections is identical in the two Acts.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. X, (5) at 944.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. X, E at 947.

Support Services for Students with Disabilities

164.477. Kentucky Postsecondary Textbook Accessibility Act.

  1. As used in this section, unless the context requires otherwise:
    1. “Alternative format” means any medium or format for the presentation of instructional materials other than standard print needed by a student with a disability for a reading accommodation, including but not limited to braille, large print texts, audio recordings, digital texts, and digital talking books;
    2. “Instructional material” means a textbook or other material published primarily for use by students in a course of study in which a student with a disability is enrolled that is required or essential to a student’s success, as determined by the course instructor. “Instructional material” includes nontextual mathematics and science material to the extent that software is commercially available to permit the conversion of the electronic file of the material into a format that is compatible with assistive technologies such as speech synthesis software or braille translation software commonly used by students with disabilities;
    3. “Nonprinted instructional material” means instructional material in a format other than print, including instructional material that requires the availability of electronic equipment in order to be used as a learning resource, including but not limited to software programs, videodiscs, videotapes, and audio tapes;
    4. “Printed instructional material” means instructional material in book or other printed form;
    5. “Publisher” means an individual, firm, partnership, corporation, or other entity that publishes or manufactures instructional material used by students attending a public or independent postsecondary education institution in Kentucky;
    6. “State Repository for Alternative Format Instructional Materials” or “repository” means a consortium established or otherwise designated by the Council on Postsecondary Education under subsection (8) of this section to serve as a state repository for electronic files or alternative format instructional materials obtained from publishers, created by institutions, or received through other means;
    7. “Structural integrity” means the inclusion of all of the information provided in printed instructional material, including but not limited to the text of the material sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, and glossaries, but need not include nontextual elements such as pictures, illustrations, graphs, or charts; and
    8. “Working day” means a day that is not Saturday, Sunday, or a national holiday.
  2. The purpose of this section is to ensure, to the maximum extent possible, that all postsecondary students with a disability in Kentucky requiring reading accommodations, in accordance with Section 504 of the Rehabilitation Act, 29 U.S.C. sec. 794 , or the Americans with Disabilities Act, 42 U.S.C. secs. 12101 et seq., including but not limited to students who are blind, are visually impaired, or have a specific learning disability or other disability affecting reading, shall have access to instructional materials in alternative formats that are appropriate to their disability and educational needs.
  3. A publisher shall, upon fulfillment of the requirements of subsections (6) and (7) of this section, provide to a postsecondary education institution or to the State Repository for Alternative Format Instructional Materials, at no cost:
    1. Printed instructional material in an electronic format; and
    2. Nonprinted instructional material in an electronic format, when the technology is available to maintain the material’s structural integrity.
  4. Instructional material provided by a publisher in electronic format shall:
    1. Maintain the structural integrity of the original instructional material, except as provided for in paragraph (b) subsection (3) of this section;
    2. Be compatible with commonly used braille translation and speech synthesis software;
    3. Include corrections and revisions as may be necessary; and
    4. Be in a format that is mutually agreed upon by the publisher and the requesting institution or the State Repository for Alternative Format Instructional Materials. If good-faith efforts fail to produce an agreement as to an electronic format that will preserve the structural integrity of the instructional material, the publisher shall provide the instructional material in XML (Extensible Markup Language), utilizing an appropriate document-type definition suitable for the creation of alternative format materials, and shall preserve as much of the structural integrity of the original instructional material as possible.
  5. The publisher shall transmit or otherwise send an electronic format version of requested instructional material within fifteen (15) working days of receipt of an appropriately completed request. Should this timetable present an undue burden for a publisher, the publisher shall submit within the fifteen (15) working day period a statement to the requesting entity certifying the expected date for transmission or delivery of the file.
    1. To receive an electronic format version of instructional material, a written request shall be submitted to the publisher that certifies: (6) (a) To receive an electronic format version of instructional material, a written request shall be submitted to the publisher that certifies:
      1. The instructional material has been purchased for use by a student with a disability by the student or the institution the student attends or is registered to attend;
      2. The student has a disability that prevents the student from using the standard instructional material; and
      3. The instructional material is for use by the student in connection with a course in which he or she is registered or enrolled.
    2. A publisher may also require a statement signed by the student or, if the student is a minor, the student’s parent or legal guardian, agreeing that the student will:
      1. Use the electronic copy of the instructional material solely for his or her own educational purposes; and
      2. Not copy or distribute the instructional material for use by others.
  6. The request for an electronic format version of instructional material shall be prepared and signed by:
    1. The coordinator of services for students with a disability at the institution;
    2. A representative of the Division of Blind Services within the Office of Vocational Rehabilitation in the Education and Workforce Development Cabinet;
    3. A representative of the Office of Vocational Rehabilitation; or
    4. A representative of the State Repository for Alternative Format Instructional Materials.
  7. The Council on Postsecondary Education may, to the extent funds are available, establish or otherwise designate a consortium to be called the State Repository for Alternative Format Instructional Materials to serve as a state repository for electronic files and alternative format materials for the purpose of facilitating the timely access of appropriate alternative instructional materials by postsecondary students with a disability.
  8. The Council on Postsecondary Education may promulgate administrative regulations governing the implementation and administration of this section.
  9. The council shall work with representatives of each postsecondary institution to develop policies and procedures designed to ensure to the maximum extent possible that students with disabilities have access to instructional materials in appropriate alternative formats within the first week of class.
  10. The council, in consultation with appropriate entities, including but not limited to the Office of Vocational Rehabilitation, the Kentucky Assistive Technology Service Network, Recording for the Blind and Dyslexic, and the Kentucky Association on Higher Education and Disability, shall include within its annual status report on postsecondary education in Kentucky a continuing assessment of the need for statewide technical assistance, training, and other supports designed to increase the availability and effective use of alternative format instructional materials.
  11. The State Repository for Alternative Format Instructional Materials or the council may receive electronic files and alternative format materials from:
    1. Publishers;
    2. Postsecondary education institutions that have created alternative materials for use by a student with a disability;
    3. The Kentucky Department of Education, receiving electronic files from publishers under the requirements of KRS 156.027 ; or
    4. Other sources.
  12. The repository or the council shall, upon receipt of documents as set forth in subsection (6) of this section, provide at no cost copies of electronic files and alternative format materials to:
    1. Postsecondary education institutions in Kentucky; and
    2. The Kentucky Department of Education, to assist in the implementation of the requirements of KRS 156.027 .
  13. The repository shall provide to a publisher, upon request:
    1. A summary of all electronic or alternative format versions of instructional material from that publisher provided to students, postsecondary education institutions, and the Kentucky Department of Education from its holdings; and
    2. Copies of requests and related certification documents received for instructional materials from that publisher.
  14. The repository or the council may submit requests for electronic files to publishers on behalf of institutions.
    1. A postsecondary education institution or an educational instructor, assistant, or tutor may assist a student with a disability by using the electronic format version of instructional material as provided by this section solely to transcribe or arrange for the conversion of the instructional material into an alternative format, or to otherwise assist the student. (16) (a) A postsecondary education institution or an educational instructor, assistant, or tutor may assist a student with a disability by using the electronic format version of instructional material as provided by this section solely to transcribe or arrange for the conversion of the instructional material into an alternative format, or to otherwise assist the student.
    2. If an alternative format version of instructional material is created, an institution may, for the purpose of providing the version to other students with disabilities, share that version with:
      1. The repository;
      2. A Kentucky postsecondary education institution serving a student with a disability; and
      3. An authorized entity as defined under 17 U.S.C. sec. 121 that commonly provides alternative format materials for use by students in Kentucky institutions.
  15. The disk or file of an electronic format version of instructional material used directly by a student shall be copy-protected, or reasonable precautions shall be taken by the institution to ensure that the student does not copy or distribute the electronic format version in violation of the Copyright Revisions Act of 1976, as amended, 17 U.S.C. secs. 101 et seq.
  16. Nothing in this section shall be deemed to authorize any use of instructional materials that would constitute an infringement of copyright under the Copyright Revision Act of 1976, as amended, 17 U.S.C. secs. 101 et seq.
  17. Nothing in this section shall absolve covered entities from the obligation to provide equivalent access to information technology and software as set forth in KRS 61.982 .
  18. A publisher shall be considered a place of public accommodation for the purposes of KRS 344.130 . Failure to comply with the requirements of this section shall be an unlawful practice of discrimination on the basis of disability for the purposes of KRS 344.120 .

History. Enact. Acts 2003, ch. 49, § 1, effective June 24, 2003; 2006, ch. 211, § 105, effective July 12, 2006; 2019 ch. 146, § 51, effective June 27, 2019.

164.478. Support services for deaf and hard of hearing students — Funding.

  1. It is the intent of the General Assembly to increase the educational level of deaf and hard of hearing persons by assuring them an equal opportunity to obtain an education in the public postsecondary institutions.
  2. The public postsecondary institutions shall make their programs accessible to deaf and hard of hearing students by providing support services necessary for such students to fully participate in the programs. The support services shall include but not be limited to interpreters and notetakers in the classroom and equal access to all support services available to those who are not deaf or hard of hearing. Appropriate assistive listening devices and alerting devices shall be available in dormitories housing deaf or hard of hearing students.
    1. The General Assembly shall appropriate funds to the Office of Vocational Rehabilitation excluding costs of capital equipment or modifications for installation of assistive listening or alerting devices to cover the costs of support services at the institutions for students who are deaf or hard of hearing. (3) (a) The General Assembly shall appropriate funds to the Office of Vocational Rehabilitation excluding costs of capital equipment or modifications for installation of assistive listening or alerting devices to cover the costs of support services at the institutions for students who are deaf or hard of hearing.
    2. The Office of Vocational Rehabilitation shall administer funding of support services at institutions for students who are deaf or hard of hearing contingent on General Assembly funding. The postsecondary institutions and the Office of Vocational Rehabilitation shall cooperate to assure that funds are used to effectively provide support services to students who are deaf and hard of hearing.
    3. The funds shall be distributed to institutions based upon actual costs or established fees for service of providing support services to individual students.

History. Enact. Acts 1986, ch. 75, § 1, effective July 15, 1986; 1990, ch. 470, § 65, effective July 1, 1990; 1992, ch. 144, § 9, effective July 14, 1992; 1994, ch. 292, § 1, effective July 15, 1994; 1998, ch. 448, § 1, effective July 15, 1998; 2006, ch. 211, § 106, effective July 12, 2006.

164.4781. Interpreter training program.

There shall be an interpreter training program at one (1) or more public institutions of higher education to ensure that qualified interpreters are available to meet the needs of deaf and hard of hearing students attending the institutions of higher education and deaf and hard of hearing consumers throughout the Commonwealth. The program shall lead to a minimum of an associate degree in interpreting. The program shall be exempt from the normal student load requirements for a period of ten (10) years from its implementation or until it can be clearly demonstrated that an adequate supply of interpreters is available in all parts of the state, whichever is later.

History. Enact. Acts 1986, ch. 75, § 2, effective July 15, 1986; 1992, ch. 144, § 10, effective July 14, 1992; 1997 (1st Ex. Sess.), ch. 1, § 109, effective May 30, 1997; 2008, ch. 62, § 1, effective July 15, 2008.

164.4785. American sign language to qualify for foreign language credit.

If a course in American sign language is offered by a state university or community college, it shall be accepted as foreign language credit. Successful completion of any American sign language course in the common schools shall satisfy the foreign language entrance requirements for a state institution of higher education. Nothing in this section shall be construed to infringe upon the ability of a state university or community college to establish degree requirements including foreign language requirements.

History. Enact. Acts 1992, ch. 444, § 2, effective July 14, 1992.

Scholarships for Veterans and Their Families

164.479. Definition of “resident” — Administrative regulations on eligibility to participate in tuition waiver programs.

  1. As used in this section and KRS 164.480 to 164.515 , unless the context requires otherwise, “resident” means a legal resident as determined by generally established principles of law, as may be defined, and subject to proof, according to such administrative regulations as the Kentucky Department of Veterans’ Affairs may promulgate.
  2. The Kentucky Department of Veterans’ Affairs, pursuant to KRS Chapter 13A, shall promulgate administrative regulations concerning the eligibility of applicants to participate in the tuition waiver programs established in this section and KRS 164.480 to 164.515 .

History. Enact. Acts 2002, ch. 41, § 1, effective July 15, 2002.

164.480. War veterans’ scholarships granted.

Every person who was engaged in any branch of the military or naval service of the United States, prescribed and classified by the United States War Department as a part of such service, during the wars that were declared on April 6, 1917, and any wars declared thereafter, respectively, and who at the time of his enlistment was a resident of Kentucky, is entitled to a free scholarship in any state higher educational institution that he chooses for a period required for the completion of the course of study selected by him. The scholarship includes free tuition, matriculations and other fees, room rent, fuel and lights, and the advantages and privileges of the institution, but does not include free board. Provided, however, that if the federal government provides for the education of veterans of any of the wars herein referred to, then this section shall not apply to such veterans.

History. 4527-31, 4527-32; amend. Acts 1944, ch. 38, § 1; 1952, ch. 41, § 11.

NOTES TO DECISIONS

Cited:

Grise v. Combs, 342 S.W.2d 680, 1961 Ky. LEXIS 393 ( Ky. 1961 ).

Opinions of Attorney General.

The proviso language of this section conditions the receipt of the educational scholarship on the absence of the federal government providing for the education of veterans of a declared war, not whether the federal education benefits have been exhausted or taken advantage of when available. OAG 83-429 .

The General Assembly in enacting this section did not desire to provide a supplement to the war veterans federally provided education benefits, but only to fill the void if no federal education benefits were or are available; therefore, even if an otherwise eligible war veteran has used all of the federally provided education benefits or failed to use such benefits when available, the veteran in neither situation would now be eligible to receive an educational scholarship under this section. OAG 83-429 .

Only veterans of World War I and World War II are, to date, possibly eligible for the benefits of the scholarships intended under this section; however, in view of the proviso language, veterans of these two declared wars are entitled to scholarship benefits under this section only if the federal government did not provide for them higher education benefits. OAG 83-429 .

It is very plainly written that only a “war” veteran is eligible for a scholarship under this section. Thus, the veterans’ scholarships made available by the provisions of this section would not be accorded to a person who entered military service after 1955 since the United States has not been engaged in a “war” since that time; a Kentucky citizen who served in the armed forces in Vietnam would not be eligible for benefits under this section. OAG 83-429 .

A veteran is entitled to the benefits accorded under this section while he is pursuing the acquisition of one degree only, whether it be a bachelor’s, master’s or doctor’s degree; thus, the war veterans’ scholarship program is available for the completion of only one course of study, but that course of study is not limited to just a basic college education of four years leading to a bachelor’s degree. OAG 83-429 .

164.490. Scholastic requirements for scholarship.

All persons eligible to the scholarship provided by KRS 164.480 shall meet the scholastic entrance requirements prescribed by the university or college for the course of study chosen by the applicant.

History. 4527-33.

164.500. Application for scholarship.

Each applicant for the scholarship provided by KRS 164.480 shall file his application for admission at least thirty (30) days prior to the beginning of the semester of the school year at which he desires to enter. The application shall be accompanied by his certificate of honorable discharge from the service, which shall be returned to him upon admittance.

History. 4527-34.

164.505. Exemption from matriculation or tuition fee of dependents, widow, or widower of members of the Armed Forces or of members of the National Guard killed while in service or having died as a result of service-connected disability.

  1. A person shall not be required to pay any matriculation or tuition fees upon admission to any state-supported university, junior college, or vocational training institution if the person’s deceased parent or stepparent, or if the person’s deceased spouse if the person has not remarried, was a resident of the Commonwealth of Kentucky upon joining the Kentucky National Guard or upon entering military service and:
    1. Was killed while serving in state active duty, active duty for training, or inactive duty training with the Kentucky National Guard, or while on active duty in the Armed Forces of the United States, during a national emergency, or wars declared by Congress, or actions of the United Nations, or was killed by hostile fire while on active duty in the Armed Forces of the United States or the Kentucky National Guard; or
    2. Died as a result of a service-connected disability acquired while serving in state active duty, active duty for training, or inactive duty training with the Kentucky National Guard or Reserve Component, or while on active duty in the Armed Forces of the United States, during a national emergency, or wars declared by Congress, or actions of the United Nations.
  2. In order to obtain the benefits conferred by subsection (1), the parent-child relationship must be shown by birth certificate, adoption papers, marriage certificate, or other documentary evidence. A stepchild must have been a member of the veteran’s household at the time of the veteran’s death. The spousal relationship must be shown by a marriage certificate or other documentary evidence. The parent’s or spouse’s service and the cause of death must be evidenced by certification from the records of the Kentucky Department of Military Affairs or the United States Department of Veterans Affairs Records, or the Department of Defense of the United States. In the event one so admitted to a state-supported university, junior college, or vocational training institution under the provisions of this section shall have obtained a cash scholarship paid or payable to the institution, from whatever source, the amount of the scholarship shall be applied to the credit of the applicant in the payment of incidental expenses of attendance at the institution, and any balance, if the terms of the scholarship permit, shall be returned to the applicant.

HISTORY: Enact. Acts 1956, ch. 202; 1972, ch. 206, § 1; 1974, ch. 112, § 1; 1974, ch. 207, § 1; 1978, ch. 295, § 6, effective June 17, 1978; 2000, ch. 377, § 1, effective July 14, 2000; 2017 ch. 42, § 7, effective June 29, 2017.

Opinions of Attorney General.

The parent-child relationship required by this section is that of natural child or legally adopted child and a step-child would not qualify to receive benefits. OAG 67-436 .

The Vietnam War should be included for eligibility under this section. OAG 67-436 .

Under this section the deceased must have been killed or must have died as a result of service connected disability occurring during wartime. OAG 67-436 .

Under this section, it is the responsibility of the state institution of higher learning to determine the qualification of a particular applicant and the role of the Veteran’s Administration is to provide statements verifying the disability rating held by the parent of the applicant. OAG 68-115 .

If a person is otherwise qualified to apply for scholarship privileges, there is no legal basis for imposing a condition of age on such scholarship privilege. OAG 69-300 .

The University of Louisville is not a state-supported institution of higher education within the meaning of this section but a municipal university in a city of the first class, even though it received state assistance under an appropriation bill approved by the General Assembly in 1968. OAG 70-146 .

Any student enrolled at the University of Louisville who was actually qualified as of July 1, 1970 to receive a veteran’s scholarship at a state-supported institution of higher education and who was required on or after July 1, 1970 to pay a matriculation or tuition fee is entitled to a refund of such fees. OAG 70-661 .

The University of Louisville on July 1, 1970 became a state-supported institution in the sense envisioned by this section and KRS 164.515 . OAG 70-661 .

A student eligible for the benefits of free tuition from a state-supported institution of higher learning should not be charged by such institution for a correspondence course as such charge is for instruction and should be given free to war orphans. OAG 73-60 .

The child of a veteran who dies of a service connected disability incurred during peacetime does not qualify for benefits under this section. OAG 74-546 .

Where an individual has qualified for benefits under this section, the benefits cannot be restricted or terminated because of the limiting factors contained in KRS 164.515 . OAG 77-737 .

If a student was eligible for a waiver of tuition at the time school began and had timely requested the exemption, but certification had not been received in time to be exempted from paying tuition, he would be entitled to a refund, but if he had not timely requested a certificate, he would only be entitled to the waiver from receipt of the certificate. OAG 79-286 .

There is no provision in this section or KRS 164.515 for prorating tuition exemption eligibility for part-time students. OAG 79-286 .

164.507. Exemption from matriculation or tuition fee for deceased veteran’s spouse or child under age 26.

  1. The nonremarried spouse, regardless of age, and any child, stepchild, or orphan, under the age of twenty-six (26), of a deceased veteran shall not be required to pay any matriculation or tuition fees upon admission to any state-supported university, junior college, or vocational training institute for a period not in excess of forty-five (45) months in order to obtain a diploma, nor in excess of the lesser number of months required for a certificate of completion, if the deceased parent or spouse:
      1. Served in the Armed Forces of the United States during a national emergency, wars declared by Congress, or actions of the United Nations; or (a) 1. Served in the Armed Forces of the United States during a national emergency, wars declared by Congress, or actions of the United Nations; or
      2. Died while on active duty in the Armed Forces of the United States regardless of wartime service; or
      3. Died as a result of a service-connected disability acquired while on active duty with the Armed Forces of the United States regardless of wartime service; and
      1. Was a resident of the Commonwealth of Kentucky at the time of death; or (b) 1. Was a resident of the Commonwealth of Kentucky at the time of death; or
      2. Was married to a resident of Kentucky at the time of death; and
      3. If discharged, was under honorable conditions.
  2. In order to obtain the benefits conferred by subsection (1), the parent-child relationship must be shown by birth certificate, adoption papers, marriage certificate, or other documentary evidence. A stepchild must have been a member of the veteran’s household at the time of the veteran’s death. The spousal relationship must be shown by a marriage certificate or other documentary evidence. The parent’s or spouse’s service and the cause of death must be evidenced by certification from the records of the Kentucky Department of Military Affairs, the United States Department of Veterans Affairs Records, or the Department of Defense of the United States. In the event one so admitted to a state-supported university, junior college, or vocational training institution under this section shall have obtained a cash scholarship paid or payable to the institution, from whatever source, the amount of the scholarship shall be applied to the credit of the applicant in the payment of incidental expenses of attendance at the institution, and any balance, if the terms of the scholarship permit, shall be returned to the applicant.

HISTORY: Enact. Acts 2000, ch. 377, § 2, effective July 14, 2000; 2002, ch. 41, § 2, effective July 15, 2002; 2004, ch. 155, § 1, effective July 13, 2004; 2007, ch. 89, § 1, effective June 26, 2007; 2017 ch. 42, § 8, effective June 29, 2017.

164.510. Traveling expenses allowed; how paid. [Repealed.]

Compiler’s Notes.

This section (4527-35, 4527-36) was repealed by Acts 1944, ch. 38, § 2.

164.512. Tuition waiver for disabled child of veteran.

  1. The child of a veteran, regardless of age, who has acquired a disability as a direct result of the veteran’s service shall be eligible to receive a waiver of tuition upon admission to any state-supported university, college, or vocational training institute.
  2. To be entitled to benefits under this section, the child claiming benefits must have acquired a disability determined by the United States Department of Veterans Affairs as compensable.
  3. The parent-child relationship must be shown by birth certificate, marriage certificate, or other documentary evidence.
  4. To entitle a child to benefit under this section the member of the National Guard or Reserve Component veteran living or deceased must have served on state active duty, active duty for training, or inactive duty training or the veteran must have served on active duty with the Armed Forces of the United States, and the discharge must have been under honorable conditions. The veteran must be a resident or, if deceased, must have been a resident of the Commonwealth of Kentucky.

HISTORY: Enact. Acts 2002, ch. 42, § 1, effective July 15, 2002; 2017 ch. 42, § 9, effective June 29, 2017.

164.515. Exemption from tuition for spouse or child under age 26 of permanently disabled member of the National Guard, war veteran, prisoner of war, or member of the Armed Services missing in action — Conditions.

  1. The spouse, regardless of age, and any child, stepchild, or orphan, under the age of twenty-six (26), of a permanently and totally disabled member of the Kentucky National Guard or Reserve Component injured while on state active duty, active duty for training, or inactive duty training, or a permanently and totally disabled war veteran, or a one hundred percent (100%) service-connected disabled veteran regardless of wartime service, or prisoner of war or member of the Armed Services declared missing in action shall not be required to pay any matriculation or tuition fees upon his admission to any state-supported institution of higher education or to any state-supported vocational training school for a period not in excess of forty- five (45) months in order to obtain a diploma, nor in excess of the lesser number of months required for a certificate of completion.
  2. To be entitled to benefits under this section the parent or stepparent of the child claiming benefits if living must be rated permanently and totally disabled for pension purposes or one hundred percent (100%) disabled for compensation purposes by the United States Department of Veterans Affairs or the Department of Defense. If the veteran is deceased, the claim to benefits is to be based on the rating held by the veteran at the time of death or if a prisoner of war or missing in action, must have been declared as such by the Department of Defense. Members of the Kentucky National Guard must be rated permanently and totally disabled as provided in KRS Chapter 342. The parent’s, stepparent’s, or spouse’s service and rating must be evidenced by certification from the records of the Kentucky Department of Military Affairs, United States Department of Veterans Affairs, or the Department of Defense of the United States.
  3. The parent-child relationship must be shown by birth certificate, legal adoption papers, marriage certificate, or other documentary evidence. A stepchild must be a member of the veteran’s household. The spousal relationship must be shown by a marriage certificate or other documentary evidence.
  4. To entitle a spouse, child, stepchild, or orphan to benefit under this section the disabled member of the National Guard or Reserve Component veteran living or deceased must have served on state active duty, active duty for training, or inactive duty training or active duty with the Armed Forces of the United States, and his discharge must have been under honorable conditions. He must be a resident or, if deceased, have been a resident of the Commonwealth of Kentucky.
  5. No provision of this section shall serve to deny these benefits to an eligible spouse, child, stepchild, or orphan, who enlists, or who fulfills a military obligation, in the Armed Forces of the United States and is discharged under honorable conditions; the period of time spent in the military service to be compensated by like time, beyond the age of twenty-six (26) years if required, but not in excess of the period of enrollment as set forth in subsection (1) of this section.
  6. The marriage of an eligible child, stepchild, or orphan, shall not serve to deny full entitlement to the benefits provided in this section.

HISTORY: Enact. Acts 1960, ch. 92, §§ 1 to 5; 1966, ch. 200, § 1; 1972, ch. 14, § 1; 1972, ch. 206, § 2; 1974, ch. 112, § 2; 1974, ch. 207, § 2; 1978, ch. 295, § 7, effective June 17, 1978; 1986, ch. 331, § 29, effective July 15, 1986; 1994, ch. 181, § 101, effective April 4, 1994; 2000, ch. 377, § 3, effective July 14, 2000; 2002, ch. 42, § 2, effective July 15, 2002; 2004, ch. 155, § 2, effective July 13, 2004; 2007, ch. 89, § 2, effective June 26, 2007; 2017 ch. 42, § 10, effective June 29, 2017.

Opinions of Attorney General.

The tuition-free enrollment under this section extends only to that portion of the semester which is included within 36 months of educational benefits and prior to the attainment of 23 years of age and all periods of enrollment, including summer school, are included in the computation. OAG 67-189 .

The Vietnam War should be included for eligibility under this section. OAG 67-436 .

A child or orphan of a veteran who served in the United States armed forces during a period of federally recognized hostilities, which veteran is, or was at the time of his death, (1) rated permanently and totally disabled for pension purposes, or (2) rated 100 percent disabled for compensation purposes, is eligible for an educational scholarship under this section. OAG 67-453 .

Under this section it is the responsibility of the state institution of higher learning to determine the qualification of a particular applicant and the role of the Veteran’s Administration is to provide statements verifying the disability rating held by the parent of the applicant. OAG 68-115 .

The University of Louisville is not a state-supported institution of higher learning within the meaning of this section but a municipal university in a city of the first class, even though it received state assistance under an appropriation bill approved by the General Assembly in 1968. OAG 70-146 .

This section refers to a parent who was totally and permanently disabled for a substantial period of time before his death, and who would have been entitled to recover benefits under the Veteran’s Administration had it not been for some extraneous circumstances and the child of a veteran who was fatally injured in a nonservice connected automobile accident but lived for several days and then died of the injury, and whose doctor states was totally disabled at some time prior to death, was not eligible. OAG 70-297 .

One loses his benefits under this section when he attains his twenty-third birthday (now 26th birthday), even when said date occurs in mid-term. OAG 72-161 .

As this section is silent in regard to the possibility of change in status of the parent after the child has been admitted to an institution of higher education and has received a certificate of entitlement to waiver of tuition, it appears that the status of the parent as a prisoner of war or missing in action is fixed at the time of the child’s admission to an institution of higher education for the period of enrollment in order to obtain a diploma. OAG 73-516 .

In the absence of bad faith, free tuition for a six-credit-hour summer course at a Kentucky university which counted toward an undergraduate degree from an out-of-state university would not disqualify a person from receiving the free benefit provided by this section while later working on a master’s degree from a Kentucky university although the six-credit-hour course would also count toward the master’s degree. OAG 74-611 .

If a student was eligible for a waiver of tuition at the time school began and had timely requested the exemption, but certification had not been received in time to be exempted from paying tuition, he would be entitled to a refund, but if he had not timely requested a certificate, he would only be entitled to the waiver from receipt of the certificate. OAG 79-286 .

There is no provision in KRS 164.505 or this section for prorating tuition exemption eligibility for part-time students. OAG 79-286 .

A child who is eligible for and receives benefits under this section, and who receives a diploma or certificate of completion of a program of study after receiving such benefits, is not entitled to further benefits under this section although the child is still under the age of 23 (now age 26) and has not completed 36 months of education. OAG 79-528 .

Where neither the Veterans’ Administration, Defense Department, nor Workers’ Compensation Board has made any rating regarding the disability of a veteran, a 100% rating by a licensed physician or accredited medical hospital would meet the disability rating requirements of this section, but where the Veterans’ Administration said 50%, Defense Department said 60%, and Workers’ Compensation Board said 70%, a 100% rating assessment by a physician or hospital would not be acceptable. OAG 84-215 .

Where the Workers’ Compensation Board, the Veterans’ Administration, or the Department of Defense has rated a veteran 100% disabled, his spouse or eligible children would be entitled to the tuition benefits in this section; but, if the Veterans’ Administration decided 50%, the Defense Department decided 60%, and the Workers’ Compensation Board decided something less than 100%, then the spouse or otherwise eligible child would not meet the requirements of this section. OAG 84-215 .

National Guard Tuition Award Program

164.516. Definitions for KRS 164.516 to 164.5169.

As used in KRS 164.516 to 164.5169 , unless the context requires otherwise:

  1. “Educational institution” means any state-supported university, community college, or vocational school.
  2. “Kentucky National Guard” means the federally-recognized units of the Kentucky National Guard.
  3. “Member” means an active member of a federally-recognized unit of the Kentucky National Guard meeting the minimum requirements for satisfactory membership as defined by the regulations of the Department of the United States Army and the Department of the United States Air Force.
  4. “Tuition” means the total semester, quarter, or classroom hour cost of instruction and matriculation and other fees required of the student that are published in the catalog of the educational institution.

History. Enact. Acts 1996, ch. 220, § 1, effective July 15, 1996.

164.5161. Kentucky National Guard Tuition Award Program — Administrative regulations.

  1. “Educational institution” means an in-state public or private postsecondary educational institution.
  2. The General Assembly of the Commonwealth of Kentucky establishes the National Guard Tuition Award Program to provide members of the Kentucky National Guard the opportunity to attend an in-state educational institution. The tuition paid shall be up to or equal to the in-state full or part-time tuition rate of the institution the member attends except that tuition paid in support of a member attending a private postsecondary educational institution shall be up to or equal to the average in-state full or part-time tuition rate of a public university or community college. Until the appropriation for the tuition assistance program of the Department of Military Affairs is first fully funded by the General Assembly, tuition for a member to attend a private institution shall not be paid. The tuition award program shall be established in the Kentucky Higher Education Assistance Authority.
  3. The Kentucky Higher Education Assistance Authority pursuant to KRS Chapter 13A, shall promulgate administrative regulations necessary to the financial management of the tuition award program.
  4. The Department of Military Affairs, pursuant to KRS Chapter 13A, shall promulgate administrative regulations concerning the eligibility of members to participate in the tuition award program established in this section.

History. Enact. Acts 1996, ch. 220, § 2, effective July 15, 1996; 2000, ch. 548, § 1, effective July 14, 2000.

164.5165. Nonresident qualifications.

Any active member of the Kentucky National Guard who is not a Kentucky resident shall qualify for the tuition award benefits provided by KRS 164.516 to 164.5169 subject to the following conditions:

  1. The member enrolls in an educational institution within this state; and
  2. The tuition award benefits provided to the out-of-state member shall not exceed an amount equivalent to the in-state tuition amount the member would have received if the member were a Kentucky resident.

History. Enact. Acts 1996, ch. 220, § 3, effective July 15, 1996.

164.5169. Payment of tuition to educational institution.

Upon certification by the Department of Military Affairs that the member is eligible, the Kentucky Higher Education Assistance Authority shall, to the extent that funds have been appropriated and are available to the National Guard Tuition Award Program, pay to the educational institution an amount up to or equal to the in-state tuition costs of full-time or part-time study.

History. Enact. Acts 1996, ch. 220, § 4, effective July 15, 1996; 2000, ch. 197, § 1, effective July 14, 2000.

Professional Development for Child-Care Workers

164.518. Scholarships and awards for persons who are employed or provide training in child-care and early childhood settings.

  1. It is the intent of the General Assembly to create a seamless system to upgrade the professional development of persons who are employed or provide training in a child-care or early childhood setting through scholarships, merit awards, and monetary incentives, to assist these persons in obtaining a child development associate credential, post-secondary certificate, diploma, degree, or specialty credential in an area of study determined by the Early Childhood Advisory Council.
  2. Eligibility for scholarship funds shall be for individuals who do not have access to professional development funds from other education programs that receive state or federal funds, and who are:
    1. Employed at least twenty (20) hours per week providing services in a child-care or early childhood setting; or
    2. Involved in providing professional development training for teachers in an early childhood setting.
  3. The Kentucky Higher Education Assistance Authority, after consultation with the Early Childhood Advisory Council and the Cabinet for Health and Family Services, shall promulgate administrative regulations, including a system of monetary incentives for scholarship program participants for completing classes, in accordance with KRS Chapter 13A as necessary to implement this section.

History. Enact. Acts 2000, ch. 308, § 13, effective July 14, 2000; 2005, ch. 99, § 140, effective June 20, 2005; 2013, ch. 57, § 2, effective June 25, 2013.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

Irredeemable Bond

164.520. Irredeemable bond for benefit of University of Kentucky and Kentucky State University.

The bond issued by the commissioners of the sinking fund to themselves as trustees for the University of Kentucky and Kentucky State University, bearing date July 1, 1897, for the sum of $165,000 and bearing interest at the rate of six percent (6%), payable semiannually, remains in force and constitutes a perpetual obligation of the Commonwealth, and the interest thereon is a perpetual charge upon the Treasury. The Finance and Administration Cabinet shall, on the first day of January and on the first day of July each year, draw its warrant on the State Treasurer for the sum of $627.75 in favor of the treasurer of Kentucky State University, and its warrant on the State Treasurer for the sum of $4,322.25 in favor of the treasurer of the University of Kentucky.

History. 4591a; amend. Acts 1952, ch. 41, § 12; 1974, ch. 74, Art. II, § 9(1); 1984, ch. 111, § 102, effective July 13, 1984.

Opinions of Attorney General.

The waiver of tuition provision in this section is available only to dependents of veterans who have been rated disabled and not those who have only been presumed to be disabled. OAG 81-406 .

164.525. Center for Mathematics — Creation, duties, and location.

  1. The Center for Mathematics is hereby created to make available professional development for teachers in reliable, research-based diagnostic assessment and intervention strategies, coaching and mentoring models, and other programs in mathematics. The center shall be headed by an executive director and administered by a public postsecondary education institution. The center shall:
    1. Act as a clearinghouse for information about professional development programs for teachers that address mathematics diagnostic assessment, intervention programs, coaching and mentoring programs, and other instructional strategies to address students’ needs;
    2. Collaborate with Kentucky’s other public and private postsecondary institutions to develop teachers’ mathematical knowledge needed for teaching and help teachers improve students’ mathematical concepts, thinking, problem-solving, and skills, with an emphasis on diagnostic assessment and intervention programs for students in the primary program;
    3. Provide teacher training to develop teacher leaders and teaching specialists in primary programs who have skills in diagnostic assessment and intervention services to assist struggling students or those who are at risk of failure in mathematics. The center may contract for services in order to carry out this responsibility;
    4. Maintain a demonstration and training site for mathematics located at each of the public universities;
    5. Advise the Kentucky Department of Education and Kentucky Board of Education regarding:
      1. Early mathematics content, diagnostic assessment practices, and intervention programs;
      2. Costs and effectiveness of various mathematics intervention programs;
      3. Coaching and mentoring models that help improve student achievements;
      4. Trends and issues relating to mathematics programs in schools throughout the state; and
      5. The establishment and implementation of the Middle School Mathematics and Science Scholars Program established under KRS 158.848 ; and
    6. Disseminate information to teachers, administrators, and policymakers on an ongoing basis.
  2. The Council on Postsecondary Education shall select a location for the center no later than January 1, 2006. The council shall use a request for proposal process. In developing the request for proposal, the council shall seek advice from the Committee for Mathematics Achievement created in KRS 158.842 and the commissioner of education. The center shall be located at the selected university through July 1, 2011, unless funding is not available, the council deems the performance of the institute to be inadequate, or the university requests to discontinue its relationship to the institute. Contingent upon available funding at the end of the initial cycle, and each five (5) year period thereafter, the council shall issue a request for proposal to all public postsecondary education institutions to administer the center.

History. Enact. Acts 2005, ch. 164, § 4, effective March 18, 2005; 2008, ch. 134, § 21, effective July 15, 2008.

Legislative Research Commission Note.

(3/18/2005). 2005 Ky. Acts ch. 164, sec. 4, contained one reference to the Mathematics Achievement Committee. The correct name for this entity is the Committee for Mathematics Achievement. The Statute Reviser, under the authority of KRS 7.136 , has changed this reference to be consistent with sec. 2 of this Act, which created the Committee for Mathematics Achievement and was codified as KRS 158.842 .

Regional Compact

164.530. Regional Compact of Southern States for Educational Services — Approval and signature of — Legislative Advisory Council to Southern Regional Education Board — Membership — Legislative Work Conference.

  1. The Regional Compact of Southern States for Regional Educational Services [the text of which is set forth at length in Chapter 252 of the Acts of the 1950 General Assembly] be and the same is hereby approved and the State of Kentucky is hereby declared to be a party thereto, and the agreements, covenants, and obligations therein are declared to be binding upon the State of Kentucky.
  2. The Governor shall sign an engrossed copy of the compact and sufficient copies be provided so that every state approving the compact shall have an engrossed copy.
    1. The Kentucky members of the Legislative Advisory Council to the Southern Regional Education Board shall be represented by three (3) members of the Kentucky Senate, at least one (1) of whom shall be a member of the minority party, appointed by the President of the Senate; and three (3) members of the Kentucky House of Representatives, at least one (1) of whom shall be a member of the minority party, appointed by the Speaker of the House of Representatives. (3) (a) The Kentucky members of the Legislative Advisory Council to the Southern Regional Education Board shall be represented by three (3) members of the Kentucky Senate, at least one (1) of whom shall be a member of the minority party, appointed by the President of the Senate; and three (3) members of the Kentucky House of Representatives, at least one (1) of whom shall be a member of the minority party, appointed by the Speaker of the House of Representatives.
    2. The President of the Senate shall appoint five (5) delegates to the Legislative Work Conference and the Speaker of the House of Representatives shall appoint five (5) delegates to the Legislative Work Conference. The delegates shall include the Legislative Advisory Council members from each chamber.

History. Enact. Acts 1950, ch. 252, §§ 1, 2; 2003, ch. 160, § 4, effective March 31, 2003.

Compiler’s Notes.

Acts 1956 (1st Ex. Sess.), ch. 1, § 1, amended the Southern Regional Education Compact to increase the number of members of the board of control for southern regional education from four from each state to five from each state and to specify that one member from each state shall be appointed from among the membership of the legislature of that state. This amendment took effect when eight or more party states gave legislative approval to the amendment.

By Acts 1956 (1st Ex. Sess.), ch. 8, approval was given for the admission of the states of Delaware and West Virginia into the Southern Regional Education Compact.

Research References and Practice Aids

Cross-References.

Governor’s control over interstate compacts, KRS 12.240 .

Kentucky Law Journal.

Ferguson, Interstate Agreements, 39 Ky. L.J. 31 (1950).

164.540. Council on Postsecondary Education designated agency of state for purposes of regional compact — Commonwealth not to maintain educational institutions that are discriminatory — Authorized actions on behalf of the Commonwealth.

  1. The Council on Postsecondary Education in Kentucky as defined in KRS 164.011 is hereby designated as the agency of the Commonwealth of Kentucky charged with the responsibility and vested with all necessary authority, subject to the conditions and restrictions set out in subsection (2) of this section, to carry out the obligations, participate in the planning and negotiations, and administer the rights, benefits, and privileges, devolving upon the Commonwealth of Kentucky and its citizens pursuant to the regional compact referred to in KRS 164.530 , and to do all such other acts and things as may be necessary or desirable to implement the provisions of said regional compact efficiently and impartially for the benefit of all citizens of the Commonwealth.
  2. In its participation in the regional compact, or in any other regional plan having a similar purpose, the Commonwealth of Kentucky shall not erect, acquire, develop, or maintain in any manner any educational institution within its borders to which any student would be refused entrance on the basis of race, national origin, gender, creed, or religion.
  3. Notwithstanding any other law governing the offering of postsecondary education in the state, the council shall be authorized to take the following actions on behalf of the Commonwealth:
    1. Enter into the State Authorization Reciprocity Agreement, which establishes uniform national standards for interstate offerings of postsecondary distance education and authorizes postsecondary educational institutions meeting those standards located in member states or territories to provide distance education to residents of the Commonwealth;
    2. Serve as the lead or “portal” agency on behalf of the Commonwealth’s public and private postsecondary institutions seeking to offer distance education in member states by:
      1. Managing functional and administrative state responsibilities under the State Authorization Reciprocity Agreement; and
      2. Serving as the official contact for other states and students from other states on matters pertaining to the agreement; and
    3. Promulgate administrative regulations in accordance with KRS Chapter 13A to establish procedures for participation by Kentucky postsecondary institutions in the State Authorization Reciprocity Agreement.

History. Enact. Acts 1950, ch. 255, §§ 2, 3; 1956 (1st Ex. Sess.), ch. 7, Art. XIV, § 3; 1978, ch. 155, § 104, effective June 17, 1978; 1992, ch. 10, § 20, effective July 1, 1992; 1997 (1st Ex. Sess.), ch. 1, § 110, effective May 30, 1997; 2016 ch. 60, § 1, effective July 15, 2016.

Research References and Practice Aids

Kentucky Law Journal.

Ferguson, Interstate Agreements, 39 Ky. L.J. 31 (1950).

164.550. Kentucky Council on Regional Education; appointment of members; chairman. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 96, § 1) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. XIV, § 5.

164.555. Members not to receive compensation; reimbursement for expenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 96, § 2) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. XIV, § 5.

164.560. Meetings of council. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 96, §§ 3 and 4) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. XIV, § 5.

164.565. Powers and duties of council. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 96, § 5) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. XIV, § 5.

164.570. Commission on study of need for additional colleges. [Repealed.]

Compiler’s Notes.

This section (Acts 1960, ch. 82, § 3) was repealed by Acts 1962, ch. 72, § 7.

Kentucky Community and Technical College System

164.575. Definition for KRS 164.575 to 164.600. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 72, § 1) was repealed by Acts 1997 (Ex. Sess.), ch. 1, § 151, effective May 30, 1997.

164.580. Kentucky Community and Technical College System — Curricula — Goals — Degree programs.

  1. The Kentucky Community and Technical College System is established. The Kentucky Community and Technical College System shall provide:
    1. A general two (2) year academic curriculum with credits transferable to two (2) year and four (4) year colleges and universities;
    2. Technical and semiprofessional programs of two (2) years or less;
    3. Within a two (2) year college curriculum, courses in general education, including adult education, not necessarily intended for transfer nor technically oriented; and
    4. Services to Kentucky’s employers and the general public to provide continuing education and customized training for purposes of improving the knowledge and skills of Kentucky workers and citizens in all regions of the state.
  2. The Kentucky Community and Technical College System shall be responsive to the needs of students and employers in all regions of the Commonwealth with accessible education and training to support the lifelong learning needs of Kentucky citizens in order to:
    1. Increase the basic academic and literacy skills of adults through adult basic education and remedial education services;
    2. Increase the technical skills and professional expertise of Kentucky workers through associate and technical degrees, diploma, and certificate programs;
    3. Increase the access for students to complete the prebaccalaureate associate degree in arts or associate degree in science for ease of transfer to four (4) year institutions;
    4. Enhance the relationship of credentials between secondary and postsecondary programs which permit secondary students to enter programs through early admission, advanced placement, or dual enrollment;
    5. Facilitate transfers of credit between certificate, diploma, technical, and associate degree programs;
    6. Develop a pool of educated citizens to support the expansion of existing business and industry and the recruitment of new business and industry;
    7. Enhance the flexibility and adaptability of Kentucky workers in an ever-changing and global economy through continuing education and customized training for business and industry;
    8. Promote the cultural and economic well-being of the communities throughout Kentucky; and
    9. Improve the quality of life for Kentucky’s citizens.
  3. Students attending a college under the administration of the board of regents for the Kentucky Community and Technical College System may pursue three (3) kinds of degree programs:
    1. Associate degree programs approved by the board of trustees as of the effective date of the transfer of the management responsibilities of the University of Kentucky Community College System to the Kentucky Community and Technical College System;
    2. Associate degree programs developed by the Kentucky Community and Technical College System, approved by the board of regents and the Council on Postsecondary Education. The board of regents shall confer degrees and award diplomas for the approved programs; and
    3. Joint degree programs developed between the Kentucky Community and Technical College System and other institutions.
  4. University of Kentucky Community College System students who were officially enrolled on or before June 30, 1999, in associate degree programs approved by the board of trustees of the University of Kentucky and who complete the associate degree programs on or before June 30, 2004, shall have their degrees conferred by the University of Kentucky board of trustees. The degrees for all other students enrolled shall be awarded by the board of regents for the Kentucky Community and Technical College System.
  5. The board of regents for the Kentucky Community and Technical College System shall expedite, whenever possible, action on requests for any new technical or associate degree program of a vocational-technical or occupational nature.
  6. The Kentucky Community and Technical College System college faculty senates shall have the primary responsibility for determining academic policy and curricula development that shall be recommended to the president of the Kentucky Community and Technical College System.
  7. Technical colleges, through their faculty and accrediting procedures, may develop degree programs that shall be considered for approval by the board of regents and the Council on Postsecondary Education. A graduate of a program within three (3) years of the program becoming an accredited degree program shall receive all or partial credit toward the degree, based on criteria established by the institution and approved by the board of regents. The board of regents shall confer degrees and award diplomas for these programs.

History. Enact. Acts 1962, ch. 72, § 2; 1966, ch. 6, § 6; 1997 (1st Ex. Sess.), ch. 1, § 111, effective May 30, 1997; 2003, ch. 56, § 4, effective June 24, 2003; 2005, ch. 29, § 4, effective June 20, 2005.

Opinions of Attorney General.

A memorandum of understanding between the Board of Trustees of the University of Kentucky and the Board of Regents of the Kentucky Community and Technical College System regarding how degrees would be conferred on community college students was a valid exercise of delegated power and did not conflict with the intent and/or spirit of this section. OAG 99-2 .

164.5805. Transfer of assets, liabilities, and staff positions of Kentucky Tech System — Employee benefits and salaries of transferred employees — Rules governing transferred employees.

  1. Effective July 1, 1998, the Kentucky Community and Technical College System shall be the legal successor to the postsecondary Kentucky Tech institutions and corresponding administrative units in the former Cabinet for Workforce Development and shall assume all assets and liabilities of this system, including without limitation all obligations, responsibilities, programs, staff, instructional supplies, equipment, real property, facilities, funds, and records. The Finance and Administration Cabinet shall execute the instruments necessary to transfer the real property relating to the operation of the postsecondary institutions in the Kentucky Tech System from the former Cabinet for Workforce Development to the Kentucky Community and Technical College System.
    1. The staff positions in the former Department for Technical Education and the former Cabinet for Workforce Development whose responsibilities include support for the postsecondary institutions in the Kentucky Tech System and the school-based positions shall be transferred to the Kentucky Community and Technical College System. Selected employees of the Kentucky Tech regional offices shall be transferred and reassigned within the Kentucky Community and Technical College System. Appropriate central office functions from the Department for Technical Education shall be assigned within the system to carry out the administrative and support functions with the approval of the board of regents for the Kentucky Community and Technical College System.
    2. All funds related to the costs of operating the Kentucky Tech postsecondary institutions, including the administrative costs, shall be transferred to the board of regents for the Kentucky Community and Technical College System for carrying out the mission of the postsecondary technical institutions and colleges.
    3. Funds raised by a not-for-profit or nonprofit organization for a specific program or technical institution shall be for the exclusive use of the program or that technical institution.
    4. The following provisions shall apply to the employees who are transferred from the former Cabinet for Workforce Development to the Kentucky Community and Technical College System, effective July 1, 1998:
      1. Accumulated sick leave, compensatory time, and annual leave as of June 30, 1998, shall be transferred with each employee;
      2. Employees who have earned continuing status as defined in KRS 156.800 and employees who have earned classified status as merit system employees under KRS Chapter 18A shall be provided the same standing. Those employees who are transferred and are in the process of earning continuing status or classified status shall earn their standing based on the rules that were governing them on June 30, 1998, in their respective systems. New employees within the system shall earn status based on the new policies established by the board;
      3. Employees shall transfer into the new system at a salary not less than their previous salary as of June 30, 1998;
      4. Employees shall be provided retirement plans in the same system where they are currently enrolled: the Kentucky Teachers’ Retirement System under KRS 161.220 or the Kentucky Employees Retirement System under KRS 61.525 ;
      5. Employees shall be provided a health benefits package that is available or equivalent to that provided to other state or university employees; and
      6. Employees shall be provided life insurance coverage and optional insurance or investment programs.
    5. The board shall adopt rules that are the same as the administrative regulations under KRS Chapter 151B in effect on June 30, 1998, to govern the certified and equivalent employees who transfer from the former Cabinet for Workforce Development, except that the rules shall provide that all grievances and appeals shall be to the board of regents or to the board’s designee. The board shall adopt rules that are the same as the administrative regulations under KRS Chapter 18A in effect on June 30, 1998, to govern the transferred classified employees, except that the rules shall provide that all grievances and appeals shall be to the board of regents or to the board’s designee. A transferred employee shall have the option to elect to participate in the new Kentucky Community and Technical College personnel system in lieu of the rules under which the employee transferred. An employee who elects to accept this option may not return to the previous personnel policy. An employee shall have the right to exercise this option at any time.
  2. New employees hired after July 1, 1997, in the Kentucky Community and Technical College System shall be governed by the rules and regulations established by the board, except that no housing allowance shall be provided for the president of the Kentucky Community and Technical College System.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 18, effective May 30, 1997; 2006, ch. 211, § 107, effective July 12, 2006; 2018 ch. 171, § 17, effective April 14, 2018; 2018 ch. 207, § 17, effective April 27, 2018.

Legislative Research Commission Notes.

(4/27/2018). This statute was amended by 2018 Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.

(6/25/2013). A reference to “KRS 151B.010 ” in subsection (1)(d)2. of this statute has been changed to “KRS 156.800 .” KRS 151B.010 was repealed, reenacted as KRS 156.800 , and amended in 2013 Ky. Acts ch. 59, sec. 1. This statute should have been amended to conform in that Act. The Reviser of Statutes has made this correction in codification under the authority of KRS 7.136(1)(h).

Opinions of Attorney General.

The Kentucky Community and Technical College System (KCTCS) cannot terminate former workforce development employees’ right to choose to transfer into the KCTCS personnel system either directly or indirectly by condition of promotion or transfer as the statute permits KCTCS employees transferring from the Cabinet for Workforce Development to choose to enter the KCTCS personnel system at any time during their employment with KCTCS. OAG 01-5 .

164.5807. Governance and management of community colleges — Transfer of funds — Rules governing employees — Personnel system — Courses for employees — Rights and privileges of students — Conflicts.

  1. Effective upon the affirmative completion of the regional accrediting agency’s substantive change process but not later than July 1, 1998, the board of trustees of the University of Kentucky shall delegate to the board of regents of the Kentucky Community and Technical College System the management responsibilities for the University of Kentucky Community College System, except for the Lexington Community College. Responsibilities shall include, but not be limited to, management of facilities and grounds, assets, liabilities, revenues, personnel, programs, financial and accounting services, and support services. In this capacity, the board shall receive and disburse funds and handle other financial matters. The board of regents, in exercising its personnel management responsibilities, shall establish the operating policies and procedures for the University of Kentucky employees in the community colleges. The board of regents shall have the right to appoint and dismiss personnel and to set the compensation for the employees. The president and board of regents of the Kentucky Community and Technical College System shall have jurisdiction over the use and distribution of the resources to operate the system effectively and efficiently.
  2. All funds that are appropriated to the University of Kentucky Community College System or funds that are allocated in the University of Kentucky budget for administering the community college system shall be transferred and allotted to the board of regents for the benefit of the University of Kentucky Community College System.
    1. The board may divide the assets and funds among the specific organizations and institutions within the community college system to meet the mission of the system.
    2. Funds held in escrow or invested solely for the purpose of a community college and bequests, and private funds specifically earmarked for a community college may, at the discretion of that local community college, be managed by the University of Kentucky or that local community college.
    3. Private funds, foundation funds, and funds raised by a not-for-profit or nonprofit organization for the use and benefit of a specific program or community college shall be used exclusively for that program or that community college.
  3. Employees in the University of Kentucky Community College System as of the effective date of the transfer of the management responsibilities of the University of Kentucky Community College System to the Kentucky Community and Technical College System shall be governed by the University of Kentucky administrative regulations as of the effective date of the transfer and any subsequent changes made by the university, except that appeals shall be to the board of regents or to the board’s designee. The following provisions shall apply:
    1. Accumulated sick leave, compensatory time, and annual leave as of the effective date of the transfer shall be retained by each employee;
    2. Employees with tenure shall retain their tenure. Employees without tenure shall earn tenure based on personnel policies in effect at the time of their employment. New employees without tenure shall earn tenure based on the new policies established by the board;
    3. Employees shall maintain a salary not less than their previous salary as of the effective date of the transfer; and
    4. All employees hired as of the effective date of the transfer shall be provided the same benefit package available for other University of Kentucky employees as it may be modified by the University of Kentucky for all employees.
  4. A person employed as of the effective date of the transfer described in subsections (1) and (3) of this section in a University of Kentucky Community College may elect to participate in the new Kentucky Community and Technical College personnel system. An employee who elects to accept this option may not return to the previous personnel policy. The employee shall have the right to exercise this option at any time.
  5. New employees hired after July 1, 1997, in the Kentucky Community and Technical College System and on and after July 1, 2004, at the Lexington Community College shall be governed by the rules established by the board.
  6. A regular full-time employee may, with prior administrative approval, take one (1) course per semester or combination of summer sessions on the University of Kentucky’s campus or at a community college during the employee’s normal working hours. The University of Kentucky shall defray the registration fee up to a maximum of six (6) credit hours per semester or combination of summer sessions.
  7. Students enrolled in the University of Kentucky Community College System shall have all of the responsibilities, privileges, and rights accorded to University of Kentucky Community College System students as of the effective date of the transfer described in subsections (1) and (3) of this section. The privileges shall include, but not be limited to, tickets to athletic events, homecoming queen contests, the Great Teacher Award Contest, and the University of Kentucky scholarship programs.
  8. If any conflict arises between the University of Kentucky board of trustees and the Kentucky Community and Technical College board of regents relating to the delegation of authority from the university to the board of regents in the transfer of the Lexington Community College to the Kentucky Community and Technical College System, the Council on Postsecondary Education shall resolve the conflict.
  9. Notwithstanding any statute to the contrary, the governance and management responsibilities for the Lexington Community College are delegated to the Kentucky Community and Technical College System. The agreement entitled “Memorandum of Agreement Among the University of Kentucky, the Kentucky Community and Technical College System and Lexington Community College Pursuant to House Joint Resolution 214” signed by the respective institutions on July 1, 2004, shall remain in force and effect after June 20, 2005.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 19, effective May 30, 1997; 2005, ch. 29, § 5, effective June 20, 2005.

Opinions of Attorney General.

Since KRS 164.5807(3)(b) requires that new Kentucky Community and Technical College System faculty be able to earn tenure, the Board of Regents lacks the authority to eliminate tenure. Kentucky Community and Technical College System. The interpretation of some other sections of KRS Chapter 164 advanced by KCTCS, under which the Board of Regents would have unlimited authority over tenure, including the authority to eliminate it, would create a conflict with the clear mandate of KRS 164.5807(3)(b). Although the Board has been given “exclusive authority” to govern KCTCS, such authority cannot be over and against that of the General Assembly. Rather, the authority of the Board of Regents to govern KCTCS is subject to the specific provisions of KRS Chapter 164. If the specific mandate of KRS 164.5087(3)(b) is construed as an exception to the general governing authority of the Board of Regents, there is no conflict among the provisions. OAG 09-008 .

164.581. President of Kentucky Community and Technical College System — Chancellors of Community College System and Technical Institutions’ Branch. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 17, effective May 30, 1997) was repealed by Acts 2003, ch. 56, § 4, effective June 24, 2003. For present law, see KRS 164.580 and KRS 164.580 7.

164.5815. President’s biennial report. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 22, effective May 30, 1997) was repealed by Acts 2003, ch. 56, § 8, effective June 24, 2003. For present law, see KRS 164.350 .

164.582. Definition for KRS 164.583. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 50, § 1; 1978, ch. 155, § 104, effective June 17, 1978) was repealed by Acts 1997 (Ex. Sess.), ch. 1, § 151, effective May 30, 1997.

164.583. Lower division academic courses — Transfer of credits.

  1. Each community college of the Kentucky Community and Technical College System may offer, within the two (2) year academic curriculum of the college, any and all lower division academic courses offered for undergraduate credit at any and all of the four (4) year public colleges and universities.
  2. All lower division academic courses offered by the community colleges shall be transferable for academic credit to any and all four (4) year public colleges and universities, regardless of the number of academic credits earned by any student at one (1) or more community college.
  3. Nothing in this section shall be construed or interpreted to change, reduce, or otherwise affect the required distribution between lower division and upper division courses now required for matriculation in an undergraduate program at any institution of higher education.

History. Enact. Acts 1976, ch. 50, § 2; 1997 (1st Ex. Sess.), ch. 1, § 112, effective May 30, 1997.

164.5833. Transferability of course work accepted prior to establishment of system.

The universities and the Kentucky Community and Technical College System shall recognize and accept for transfer credit all courses that were accepted for transfer prior to the establishment of the Kentucky Community and Technical College System, unless a substantial change in the content for teaching the course can be demonstrated to have occurred. Disputes on these matters shall be settled by the Council on Postsecondary Education.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 25, effective May 30, 1997.

164.585. Location of community colleges maintained. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 72, § 3) was repealed by Acts 1966, ch. 6, § 8.

164.586. Personnel dispute resolution system.

The board of regents for the Kentucky Community and Technical College System shall establish a personnel dispute resolution system that results, in the final stage, in an independent third party appeal for all employees of the Kentucky Community and Technical College System.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 20, effective May 30, 1997.

164.587. Medical and accident insurance program for students.

  1. The board of regents may provide medical and accident insurance for students enrolled in the Kentucky Community and Technical College System institutions. The president, on behalf of the system, may enter into a contract or contracts with one (1) or more sureties or insurance companies or their agents to provide appropriate medical and accident insurance coverage and to provide group coverage to all students enrolled in institutions within the system. The appropriate group coverage shall be issued by one (1) or more sureties or insurance companies authorized to transact business in this state, and the coverage shall be approved by the commissioner of insurance.
  2. The board shall approve policies upon recommendation of the president to implement the medical and accident insurance program. The board may fix the rate of fees for all postsecondary and adult students as it deems necessary to meet the expense in whole or in part for appropriate student medical and accident insurance.
  3. The limits of liability and other appropriate provisions for student medical and accident insurance authorized by this section shall be set by the board.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 21, effective May 30, 1997; 2010, ch. 24, § 213, effective July 15, 2010.

164.588. Services and property furnished by University of Kentucky and other providers.

The Kentucky Community and Technical College System shall reimburse the University of Kentucky at a reasonable cost for any services provided to the system. The services shall include, but not be limited to, library services, processing scholarships and student loans, and all other financial aid services. The board may also contract for services from other providers. The Kentucky Community and Technical College System shall not be assessed by the University of Kentucky for rental charges or other similar fees for the use of real or personal property. The Council on Postsecondary Education shall resolve any disputes about services to be provided and costs to be charged for the services.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 24, effective May 30, 1997.

164.590. Location of community colleges to be established and maintained. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 72, § 4) was repealed by Acts 1966, ch. 6, § 8.

164.591. Location of Kentucky Community and Technical College System headquarters and community colleges and extension centers — Approval of General Assembly as requirement for new community colleges.

A community college or extension of a community college shall be maintained in each of the following locations: Ashland, Carrollton, Cumberland, Elizabethtown, Glasgow, Henderson, Hopkinsville, Fayette County, Madisonville, Owensboro, Paducah, Prestonsburg, Somerset, Blackey-Hazard, Jefferson County and Mason County. The headquarters of the administration of the Kentucky Community and Technical College System shall be maintained in Woodford County. Western Kentucky University may continue to operate a community college in Bowling Green. Additional extension centers may be established by the board of regents for the Kentucky Community and Technical College System with approval of the Council on Postsecondary Education. New community colleges shall require approval of the General Assembly.

History. Enact. Acts 1966, ch. 6, § 7; 1968, ch. 17, § 1; 1968, ch. 84, § 1; 1970, ch. 3, § 1; 1986, ch. 41, § 1, effective July 15, 1986; 1997 (1st Ex. Sess.), ch. 1, § 113, effective May 30, 1997; 2005, ch. 29, § 6, effective June, 20, 2005.

164.593. Paducah College may be included in system pursuant to agreement.

  1. The board of regents for the Kentucky Community and Technical College System shall recognize previous actions under prior law.
  2. Paducah Junior College may be included in the system provided for by KRS 164.580 upon the concurrence of the board of trustees of the University of Kentucky and the board of trustees of Paducah Junior College. Following the concurrence of the two (2) boards, an agreement shall be executed between the board and the board of trustees providing for the conversion of the existing facilities of Paducah Junior College and containing other provisions the parties deem appropriate and desirable, provided that any agreement executed under this subsection shall be subject to the management of the Kentucky Community and Technical College System under the provisions of KRS 164.580 7.
  3. The agreement required by subsection (2) may provide for the transfer to the board of any funds accruing to Paducah Junior College as the result of any contract or agreement with any agency or instrumentality of the United States or the Commonwealth of Kentucky including any funds accruing pursuant to KRS 164.027 .
  4. Upon the execution of the agreement required by subsection (2), any taxes levied under KRS 165.170 or 165.175 and paid to the trustees shall continue to be received by the board of trustees of Paducah Junior College. However, the trustees may in the agreement provide for the expenditure of the taxes levied for such purposes as the trustees and the board may mutually agree.

History. Enact. Acts 1966, ch. 189; 1997 (1st Ex. Sess.), ch. 1, § 114, effective May 30, 1997.

164.594. Service area of Prestonsburg Community College to include Pike County.

  1. The community college in the Big Sandy Valley is designated as Prestonsburg Community College. The service area of Prestonsburg Community College shall include Pike County in its entirety.
  2. Course offerings in Pike County shall be expanded as necessary, to respond more fully to the higher and adult educational needs of the citizens of the area.
  3. The Kentucky Community and Technical College System may use private or state funds to purchase, renovate, and otherwise make available physical facilities in the Pike County area conducive to educational purposes.

History. Enact. Acts 1990, ch. 349, § 1, effective July 13, 1990; 1997 (1st Ex. Sess.), ch. 1, § 115, effective May 30, 1997.

164.595. Powers of board of regents for the Kentucky Community and Technical College System. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 72, § 5; 1997 (1st Ex. Sess.), ch. 1, § 116, effective May 30, 1997) was repealed by Acts 2003, ch. 56, § 8, effective June 24, 2003. For present law, see KRS 164.5807 and KRS 164.600 .

Legislative Research Commission Note.

(6/24/2003). Under KRS 446.260 , the repeal of this section in 2003 Ky. Acts ch. 56 prevails over its amendment in 2003 Ky. Acts ch. 154.

164.597. Northern Community College to be operated by Northern Kentucky University — Programs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 3, § 2; 1976, ch. 8, § 5; 1997 (1st Ex. Sess.), ch. 1, § 117, effective May 30, 1997) was repealed by Acts 2003 ch. 56, § 8, effective June 24, 2003. For present law, see KRS 164.591 and KRS 164.593 .

164.599. Property and equipment of Northern Community College transferred to Northern Kentucky University — Accrued funds from government agencies.

All property of the Northern Community College at Covington and all property and educational equipment of the University of Kentucky designated for use by the Northern Community College at Covington shall become the property of the Northern Kentucky University. Any funds accruing to the Northern Community College at Covington not previously expended while operated by the University of Kentucky as the result of any contract or agreement with any agency or instrumentality of the United States government, the Commonwealth of Kentucky or local units of government shall be transferred to the Northern Kentucky University.

History. Enact. Acts 1970, ch. 3, § 3; 1976, ch. 8, § 6.

Opinions of Attorney General.

Under this section all real and personal property on inventory on June 18, 1970 for the 1969-70 school year use of Covington Community College, or subject thereto, became the property of Northern Kentucky State College. OAG 70-364 .

164.600. Boards of directors for community colleges and community and technical colleges.

  1. As used in this section, unless the context requires otherwise:
    1. “Chief executive officer” means a president or the head administrator of a college within the Kentucky Community and Technical College System;
    2. “College” means a community college, a technical college, or a community and technical college within the system;
    3. “President” means the chief executive officer of the system;
    4. “Relative” means father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, and daughter-in-law; and
    5. “System” means the Kentucky Community and Technical College System.
  2. There shall be a board of directors for each community college or community and technical college under the Kentucky Community and Technical College System, except as provided in KRS 165.160 . The board of regents may designate that a local board of directors serve more than one college. Each board of directors shall:
    1. Recommend one (1) candidate for college chief executive officer from three (3) candidates provided by the president. The president shall have the authority to make the final appointment and shall not be bound by the recommendation from the board of directors;
    2. Evaluate the college chief executive officer and advise the president of his or her performance. The president has final authority for the appointment and termination of the college chief executive officer;
    3. Approve budget requests for recommendation to the Kentucky Community and Technical College System;
    4. Adopt and amend an annual operating budget and submit it to the board of regents for approval as to the compliance with its guidelines;
    5. Approve a strategic plan that is developed in coordination with local employers, civic leaders, campus constituents, and other postsecondary institutions in the region and that is consistent with the strategic agenda of the General Assembly.
  3. The chief executive officer of each college shall have full authority and discretion regarding the use and management of the budget approved by the board of regents for the Kentucky Community and Technical College System under KRS 164.350 .
  4. Each board of directors shall consist of ten (10) members, seven (7) of whom shall be appointed by the Governor from nominees of the respective college nominating commission established under KRS 164.602 for a term set by law pursuant to Section 23 of the Constitution of Kentucky. The other three (3) board members shall be one (1) member of the teaching faculty, one (1) member of the staff, and one (1) member of the student body. An appointed member’s term shall be six (6) years.
  5. The faculty member shall be on the teaching or research faculty of the college. The faculty member shall be elected by secret ballot of all full-time faculty members of the college. Faculty members shall serve for terms of three (3) years and until their successors are elected and qualified. Faculty members shall be eligible for reelection, but they shall be ineligible to continue to serve as members of the boards if they cease to be members of the teaching staff of the college. Elections to fill vacancies shall be for the unexpired term in the same manner as provided for original election.
  6. The staff member shall be a classified or midmanagement employee who does not hold faculty rank and who does not hold an upper administrative position. The staff member shall be elected by secret ballot of all full-time staff members of the college. Staff members shall serve for terms of three (3) years and until their successors are elected and qualified. Staff members shall be eligible for reelection, but shall be ineligible to continue to serve as members of the boards if they cease to be members of the staff of the college. An election to fill a vacancy for an unexpired term shall be held in the same manner as an election to an original full term.
  7. The student member shall be elected by secret ballot from the student body of the college to serve a term of one (1) year. The student member shall be a full-time student who maintains permanent residency in the Commonwealth of Kentucky.
  8. If a board of directors is designated by the board of regents to serve more than one college as permitted under subsection (2) of this section, the board of regents shall define procedures for the selection of the faculty, staff, and student representatives to the board of directors to ensure that there is opportunity for all colleges to be represented.
  9. The members of the board of directors shall receive no compensation for their services but shall be paid for their actual and necessary expenses.
  10. No citizen member of the board of directors shall have a conflict of interest in accordance with KRS 45A.340 or be a relative of any employee of the college under its jurisdiction. A person who is a member of the board on July 15, 1998, who is a relative of an employee of the college may finish out the appointed term of office but the member may not be reappointed.

History. Enact. Acts 1962, ch. 72, § 6; 1970, ch. 140, § 1; 1976, ch. 98, § 1; 1990, ch. 504, § 6, effective July 13, 1990; 1996, ch. 126, § 1, effective July 15, 1996; 1996, ch. 218, § 1, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 118, effective May 30, 1997; 1998, ch. 513, § 1, effective July 15, 1998; 2000, ch. 214, § 2, effective July 14, 2000; 2000, ch. 373, § 1, effective July 14, 2000; 2003, ch. 56, § 5, effective June 24, 2003.

Kentucky Innovation Act

164.6011. Definitions for KRS 164.6011 to 164.6041.

As used in KRS 164.6011 to 164.6041 , unless the context indicates otherwise:

  1. “Applied research” means those research activities occurring at universities and in private enterprises that have potential commercial application;
  2. “Cluster” means a geographically bound concentration of similar, related, or complementary businesses with active channels for business transactions, communications, and dialogue, that share specialized infrastructure, labor markets, and services, and that are faced with common opportunities and threats;
  3. “Commonwealth” means the Commonwealth of Kentucky;
  4. “Council” means the Council on Postsecondary Education;
  5. “Eligible company” means any corporation, limited liability company, partnership, limited partnership, sole proprietorship, business trust, person, group, or other entity engaged in nonretail commerce, agribusiness, trade, or manufacturing;
  6. “Immediate family members” means:
    1. Spouse and parents-in-law;
    2. Parents and grandparents;
    3. Children and their spouses; and
    4. Siblings and their spouses;
  7. “Kentucky-based company” means a business with its principal place of business in Kentucky or no less than fifty percent (50%) of its property and payroll located in Kentucky;
  8. “Knowledge-based” means driven by knowledge, innovation, and speed;
  9. “Medium-size company” means a business with fifty-one (51) to one hundred fifty (150) employees;
  10. “Qualified company” means an eligible company that may be granted a funding voucher or award pending certification;
  11. “Science and technology organization” means an independent, nonprofit or quasi-governmental organization, with a statewide mission, that has a demonstrated history of managing complicated programs in the areas of entrepreneurial innovation, science, and technology advancement;
  12. “Seed funding” means financing that is provided for early-stage development, refinement, and commercialization of a product, process, or innovation through continuing applied research, advancing the patent process, determining commercial and market potential, or moving research toward development of a prototype; and
  13. “Small company” means a firm with fifty (50) or fewer employees.

HISTORY: Enact. Acts 2000, ch. 522, § 1, effective July 14, 2000; 2002, ch. 230, § 29, effective July 15, 2002; 2006, ch. 149, § 223, effective July 12, 2006; 2017 ch. 80, § 12, effective June 29, 2017.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6013. Legislative findings on promotion of research, innovation, and high-technology enterprises.

The General Assembly finds that the general welfare and material well-being of the citizens of the Commonwealth depend on immediate action to develop a strong, entrepreneurial economy, characterized by knowledge, innovation, and speed and that it is in the best interest of the Commonwealth to promote research, innovation, and high-technology enterprises that utilize the higher-order skills of an educated workforce. The provisions in KRS 164.6011 to 164.6041 , 154.12-274 , 154.12-278 , and KRS 154.12-300 to 154.12-310 shall be liberally construed and applied to advance public purposes.

History. Enact. Acts 2000, ch. 522, § 2, effective July 14, 2000; 2002, ch. 230, § 30, effective July 15, 2002; 2008, ch. 98, § 10, effective July 15, 2008.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6015. Kentucky Innovation Commission — Members — Duties — Support staff. [Repealed]

History. Enact. Acts 2000, ch. 522, § 3, effective July 14, 2000; 2002, ch. 230, § 31, effective July 15, 2002; 2005, ch. 181, § 14, effective June 20, 2005; 2006, ch. 210, § 10, effective July 12, 2006; 2008, ch. 98, § 11, effective July 15, 2008; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 522, § 3, effective July 14, 2000; 2002, ch. 230, § 31, effective July 15, 2002; 2005, ch. 181, § 14, effective June 20, 2005; 2006, ch. 210, § 10, effective July 12, 2006; 2008, ch. 98, § 11, effective July 15, 2008) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

164.6017. Council’s powers and duties to carry out the purposes of KRS 164.6019 to 164.6041 and related statutes.

  1. The Council on Postsecondary Education shall have all the powers and authority, not explicitly prohibited by statute, necessary and convenient to carry out and effectuate the purposes of KRS 164.6019 to 164.6041 , including but not limited to:
    1. Entering into contracts or agreements necessary or incidental to the performance of its duties, functions, and responsibilities; and
    2. Soliciting, borrowing, accepting, receiving, and expending funds from any public or private source, including but not limited to general fund appropriations of the Commonwealth, grants, or contributions of money, property, labor, or other things of value to be used to carry out the programs’ operations, functions, and responsibilities; and
    3. Notwithstanding the provisions in paragraph (a) of this subsection, the commissioner of the Department of Commercialization and Innovation shall approve the contracts issued by the Council on Postsecondary Education regarding the structure of programs and funding levels in those programs administered by a science and technology organization and created in KRS 154.12-320 , 164.6021 , 164.6029 , and 164.6037 .
  2. The council may expend money in the funds created in KRS 164.6019 , 164.6027 , and 164.6035 for reasonable administrative expenses directly incurred in carrying out the requirements of KRS 164.6019 to 164.6041 . It is the intent of the General Assembly that the funds created in KRS 164.6019, 164.6027 , and 164.6035 be used, to the fullest extent possible, to directly fund project costs. It is also the intent of the General Assembly that the first priority of expenditures of any excess revenues generated from the funds created in KRS 164.6019, 164.6027, and 164.6035 is to replenish general fund appropriations for those same purposes.
  3. The council shall contract with a science and technology organization to administer the programs created in KRS 164.6021 , 164.6029 , and 164.6037 . The council shall approve the application criteria, the process for submission of an application, and the structure and type of outside expertise or peer review used in the application review process in the programs created in KRS 164.6021 , 164.6029 , and 164.6037 .
  4. No member of the council or the science and technology organization or other administering entity, or their employees or outside experts or their immediate family members, shall directly or indirectly financially benefit in any award, contract, or agreement under the programs.
  5. The council shall submit an annual report prior to October 15 to the Governor and the General Assembly detailing its work related to the programs created in KRS 164.6021 , 164.6029 , and 164.6037 . The annual report shall be coordinated with the monitoring report by the Department of Commercialization and Innovation indicating progress made through investments, and shall include but not be limited to reporting on the progress made in achieving each program’s purposes, qualitative and quantitative information concerning the applications received, projects approved and undertaken, companies served, and funding amounts invested in each project or program, as appropriate, and findings and recommendations to increase each program’s effectiveness in achieving its purposes.
  6. All records related to the administration of the programs created in KRS 164.6021 , 164.6029 , and 164.6037 shall be deemed property of the council and shall be deemed open records and subject to public inspection under KRS 61.870 to 61.884 . Any research that involves or is a patent, trade secret, or other legally protectable interest shall be exempt from inspection until such time as the intellectual property rights have been fully protected.

HISTORY: Enact. Acts 2000, ch. 522, § 4, effective July 14, 2000; 2002, ch. 230, § 32, effective July 15, 2002; 2005, ch. 181, § 15, effective June 20, 2005; 2006, ch. 210, § 11, effective July 12, 2006; 2017 ch. 80, § 13, effective June 29, 2017.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6019. Kentucky enterprise fund.

There is established and created in the State Treasury a fund entitled the “Kentucky Enterprise Fund” for the purpose of enabling small or medium-size, Kentucky-based companies to undertake feasibility, concept development, research and development, or commercialization work in partnership with colleges and universities in the Commonwealth. The fund may receive state appropriations, gifts, grants, federal funds, revolving funds, and any other funds both public and private. Moneys deposited in the fund shall be disbursed by the State Treasurer upon the warrant of the secretary of the Finance and Administration Cabinet. Any unallocated or unencumbered balances in the fund shall be invested as provided in KRS 42.500(9), and any income earned from the investments along with the unallotted or unencumbered balances in the fund shall not lapse, and shall be deemed a trust and agency account and made available solely for the purposes and benefits of the Kentucky Enterprise Fund Program.

History. Enact. Acts 2000, ch. 522, § 5, effective July 14, 2000; 2008, ch. 98, § 2, effective July 15, 2008.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.602. Nominating commission for appointments to board of directors.

  1. There shall be a nominating commission for each college board of directors required under KRS 164.600 to provide names of nominees to the Governor for appointment to the board of directors.
    1. Each nominating commission shall be composed of five (5) members appointed by the Governor who shall reside in the service area of the college at the time of their appointment. Commission members shall have no conflict of interest in accordance with KRS 45A.340 or have a relative employed by a public postsecondary institution, the Council on Postsecondary Education, the Kentucky Higher Education Assistance Authority, the Kentucky Higher Education Student Loan Corporation, or the Kentucky Authority for Educational Television. (2) (a) Each nominating commission shall be composed of five (5) members appointed by the Governor who shall reside in the service area of the college at the time of their appointment. Commission members shall have no conflict of interest in accordance with KRS 45A.340 or have a relative employed by a public postsecondary institution, the Council on Postsecondary Education, the Kentucky Higher Education Assistance Authority, the Kentucky Higher Education Student Loan Corporation, or the Kentucky Authority for Educational Television.
    2. Members of the nominating commission shall serve four (4) year terms, or until a successor shall be appointed, except the initial appointments shall be as follows:
      1. One (1) member shall serve a one (1) year term;
      2. Two (2) members shall serve a two (2) year term;
      3. One (1) member shall serve a three (3) year term; and
      4. One (1) member shall serve a four (4) year term.
  2. The Governor shall appoint commission members who reflect, inasmuch as possible, equal representation of the two (2) sexes and in the context of the total membership of all of the commissions, shall approximate the proportional representation of the two (2) leading political parties and the minority racial composition of the state.
    1. The nominating commission shall submit to the Governor the names of three (3) nominees for each position on the board of directors who meet the eligibility criteria for membership under KRS 164.600 . (4) (a) The nominating commission shall submit to the Governor the names of three (3) nominees for each position on the board of directors who meet the eligibility criteria for membership under KRS 164.600 .
    2. In the selection of the nominees, the nominating commission shall consider the needs of the respective college, locate potential appointees, review candidates’ qualifications and references, conduct interviews, and carry out other search and screening activities as necessary. The commission shall consider the goals for diversity of membership as set out in subsection (3) of this section.
    3. Each appointment to the board of directors shall be made thirty (30) days prior to the expiration of a term or as soon as practicable following an unforeseen vacancy. The Governor may reject all names of nominees and request the submission of three (3) additional names for consideration.
  3. The members of the commissions shall be reimbursed for actual and necessary expenditures incurred in the performance of their duties.
  4. The nominating commissions shall be attached to the Kentucky Community and Technical College System and the Governor’s office staff shall provide staffing and administrative assistance.

History. Enact. Acts 2000, ch. 214, § 1, effective July 14, 2000; 2003, ch. 56, § 6, effective June 24, 2003.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6021. Kentucky Enterprise Fund Program.

  1. There is created and established in the Council on Postsecondary Education a Kentucky Enterprise Fund Program to provide capital to small and medium-size, Kentucky-based companies to undertake feasibility, concept development, research and development, or commercialization work in partnership with colleges and universities in the Commonwealth.
  2. The purpose of the Kentucky Enterprise Fund Program is to:
    1. Accelerate knowledge transfer and technological innovation, improve economic competitiveness, and spur economic growth in Kentucky-based companies;
    2. Support feasibility, concept development, research and development, or commercialization activities that have clear potential to lead to commercially successful products, processes, or services within a reasonable period of time;
    3. Stimulate growth-oriented enterprises within the Commonwealth;
    4. Encourage partnerships and collaborative projects between private enterprises, Kentucky’s colleges and universities, and research organizations;
    5. Promote research and development and commercialization activities that are market-oriented; and
    6. Support small and medium-sized companies.
  3. The Kentucky Enterprise Fund Program shall make financial assistance available to qualified companies in accordance with this section as follows:
    1. Grants of up to thirty thousand dollars ($30,000) for companies exploring the feasibility of technology commercialization;
    2. Funding of up to two hundred fifty thousand dollars ($250,000) for companies in the concept development phase of technology commercialization;
    3. Funding of up to five hundred thousand dollars ($500,000) for companies in post-initialization but before full commercialization; and
    4. Funding of up to seven hundred fifty thousand dollars ($750,000) for companies with high growth potential and a clear path to commercialization.
  4. Notwithstanding any other provision of law to the contrary, if the science and technology organization determines that, despite all best efforts, it is not practicable for a qualified company to partner with a college or university on a project for which all other requirements are met, then the requirement to partner with a college or university may be waived.

History. Enact. Acts 2000, ch. 522, § 6, effective July 14, 2000; 2008, ch. 98, § 3, effective July 15, 2008.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6023. Authority of the science and technology organization to review applications, qualify companies, and certify qualified companies.

  1. The science and technology organization shall have the authority to review applications, qualify companies, and certify qualified companies under the Kentucky Enterprise Fund Program.
  2. The science and technology organization shall develop application criteria and an application process subject to the following limitations. The proposed project shall be likely to:
    1. Produce a measurable result and be technically sound;
    2. Lead to innovative technology or new knowledge;
    3. Lead to commercially successful products, processes, or services within a reasonable period of time; or
    4. Show significant potential for stimulating economic growth and a reasonable probability to enhance employment opportunities within the Commonwealth.
  3. The applicant shall provide to the science and technology organization an application that shall include but not be limited to the following information:
    1. Verification that the applicant is an eligible company that meets the definition of a Kentucky-based company and medium-size company or small company;
    2. A technology description and plan that is sufficient for outside expert review;
    3. A detailed financial analysis that includes the commitment of resources by the applicant and others;
    4. Sufficient detail concerning proposed project partners, type and amount of work to be performed by each partner, and expected product or service with estimated costs to be reflected in the negotiated contract or agreement; and
    5. A statement of the economic development potential of the project.
  4. The science and technology organization shall conduct an independent review with the use of outside experts to evaluate each application. Following the application review, the science and technology organization shall make a determination of the application and may determine that the applicant is a qualified company as defined in KRS 164.6011 .
  5. Upon a qualified company’s presentation of a legal agreement or contract meeting the conditions under subsection (6) of this section, the science and technology organization shall present the qualified company, the project partner, if any, and the college or university in the Commonwealth, if any, with a certification authorizing funding.
  6. Prior to receiving certification authorizing funding from the science and technology organization, the qualified company shall:
    1. Negotiate an agreement and funding contract with a college or university in the Commonwealth and with a project partner, if any, that is satisfactory to the science and technology organization, to undertake the commercialization work; and
    2. Provide assurance to the science and technology organization that the college or university and the qualified company have negotiated the ownership and disposition of patents, royalties, all other intellectual property rights, and equity or related position relating to the contract between the qualifying company and the college or university;
  7. Prior to certifying a qualified company, the science and technology organization may negotiate with the qualified company the ownership and disposition of patents, royalties, all other intellectual property rights, and an equity or related position on behalf of the Kentucky Enterprise Fund for the sole purpose of reinvesting and sustaining a revolving fund to carry out the provisions of KRS 164.6021 and 164.6023 .
  8. The science and technology organization, upon approval by the council, shall set forth guidelines as to when and how all areas of the state will be notified about the program’s availability and a program schedule, including but not limited to the following:
    1. A review cycle including:
      1. A deadline for submission of applications at least biannually; and
      2. A deadline for reviewing applications of no more than one hundred twenty (120) days after the application submission deadline; and
    2. A deadline, from the date an applicant is determined to be a qualified company, by which certification shall be made. If certification is not made by that deadline the funding voucher award is made void.

unless the requirement to partner with a college or university is waived under KRS 164.6021(4).

History. Enact. Acts 2000, ch. 522, § 7, effective July 14, 2000; 2002, ch. 230, § 39, effective July 15, 2002; 2008, ch. 98, § 4, effective July 15, 2008.

Legislative Research Commission Note.

(7/15/2008). A manifest clerical or typographical error in 2008 Ky. Acts ch. 98, sec. 4 (this statute), amending this statute has been corrected in codification pursuant to KRS 7.136 . The waiver referred to at the end of subsection (6) of that Acts chapter and section appears in subsection (4) of Section 3 of that Act, not as incorrectly cited as “subsection (4) [of] Section 4 of this Act.”

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6025. Limitations upon project funding in the Kentucky Research and Development Voucher Program. [Repealed.]

Compiler’s Notes.

This section (Enact Acts 2000, ch. 522, § 8, effective July 14, 2000; 2002, ch. 230, § 40, effective July 15, 2002) was repealed by Acts 2008, ch. 98, § 13, effective July 15, 2008.

164.6027. Kentucky rural innovation fund.

There is established and created in the State Treasury a fund entitled the “Kentucky Rural Innovation Fund” for the purpose of enabling small, rural Kentucky-based firms to undertake research and development, and entrepreneurial innovation work in partnership with postsecondary institutions in the Commonwealth. The fund may receive state appropriations, gifts, grants, federal funds, revolving funds, and any other funds both public and private. Moneys deposited in the fund shall be disbursed by the State Treasurer upon the warrant of the secretary of the Finance and Administration Cabinet. Any unallocated or unencumbered balances in the fund shall be invested as provided in KRS 42.500(9), and any income earned from the investments along with the unallotted or unencumbered balances in the fund shall not lapse, and shall be deemed a trust and agency account and made available solely for the purposes and benefits of the Kentucky Rural Innovation Program.

History. Enact. Acts 2000, ch. 522, § 9, effective July 14, 2000.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6029. Kentucky Rural Innovation Program — Purposes.

  1. There is created and established in the Council on Postsecondary Education a Kentucky Rural Innovation Program to provide awards to rural Kentucky-based, small companies to undertake research, development, and entrepreneurial innovation work in partnership with Kentucky postsecondary institutions, the Small Business Development Center Network in Kentucky, and other entities engaged in research and development work.
  2. The purpose of the Kentucky Rural Innovation Program is to:
    1. Accelerate knowledge transfer and technological innovation that improve economic competitiveness and spur economic growth in rural, Kentucky-based, small companies;
    2. Support entrepreneurial activities that have clear potential to lead to commercially successful products, processes, or services within a reasonable period of time;
    3. Stimulate growth-oriented enterprises within the Commonwealth;
    4. Encourage partnerships and collaborative projects between private enterprises, Kentucky’s postsecondary institutions, research organizations, and the Small Business Development Center Network in Kentucky; and
    5. Promote research, development, and entrepreneurial activities that are driven by private sector requirements.

History. Enact. Acts 2000, ch. 522, § 10, effective July 14, 2000; 2002, ch. 230, § 33, effective July 15, 2002.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6031. Authority of the science and technology organization to review applications, grant awards to qualifying companies, and certify qualified companies.

  1. The science and technology organization shall have the authority to review applications, grant awards to qualifying companies, and certify qualified companies. The science and technology organization shall develop application criteria and an application process subject to the following limitations. The proposed project shall be likely to:
    1. Produce a measurable result and be technically sound;
    2. Lead to innovative technology or new knowledge;
    3. Lead to commercially successful products, processes, or services within a reasonable period of time; or
    4. Show significant potential for stimulating economic growth and a reasonable probability to enhance employment opportunities within rural Kentucky.
  2. The applicant shall provide to the science and technology organization an application that shall include but not be limited to the following information:
    1. Verification that the applicant is an eligible company, a Kentucky-based company, and a small company, and is located in a rural area of the state;
    2. Written justification that the project application is consistent with the program purposes;
    3. A research, development, and entrepreneurial plan that is sufficient in scope for review;
    4. A financial analysis and resource support plan that includes sufficient commitments by the applicant and others, in addition to a Kentucky Rural Innovation award, providing a reasonable probability of the success of the project endeavor;
    5. Sufficient detail concerning proposed project partners, type and amount of work to be performed by each partner, and expected product or service with estimated costs to be reflected in the negotiated contract or agreement; and
    6. A statement of the economic development potential of the project.
  3. The science and technology organization shall conduct an independent review with the use of outside experts to evaluate each application. Following the application review, the council shall make a determination of the application and may determine that the applicant is a qualified company as defined in KRS 164.6011 .
  4. Upon a qualified company’s presentation of a legal agreement or contract meeting the conditions under subsection (5) of this section the science and technology organization shall present the qualified company and partnering entities with a certification authorizing award funding.
  5. Prior to receiving certification authorizing award funding the qualified company shall:
    1. Negotiate an agreement and funding contract with one (1) or more of Kentucky’s postsecondary institutions, the Small Business Development Center Network for approved project activities specified under KRS 154.1-750 (4), or other entity engaged in the research and development work, that is satisfactory to the science and technology organization, to undertake the research and development and entrepreneurial work; and
    2. Provide assurance to the science and technology organization that the collaborating parties have adequately addressed the ownership and disposition of patents, royalties, and all other intellectual property rights, and equity or related position relating to the contract between the qualifying company and a partnering entity.
  6. The science and technology organization shall set forth guidelines as to when and how all areas of the state will be notified about the program availability and guidelines for making application to the program. The science and technology organization shall determine a deadline, from the date an award is granted, that certification shall be made. If certification is not made by that deadline the award is made void.
  7. Prior to certifying a qualified company, the science and technology organization may negotiate with the qualified company the ownership and disposition of patents, royalties, all other intellectual property rights, and an equity or related position on behalf of the Kentucky rural innovation fund for the sole purpose of reinvesting and sustaining a revolving fund to carry out the provisions of this section and KRS 164.6029 and 164.6033 .
  8. The council shall, in effectuating the provisions of this section, contract with a science and technology organization to administer and manage the Kentucky Rural Innovation Program.

History. Enact. Acts 2000, ch. 522, § 11, effective July 14, 2000; 2002, ch. 230, § 34, effective July 15, 2002.

Compiler's Notes.

This section is set out above to reflect a correction to the section reference appearing in (5)(a) from 154.01-750 (4) to 154.1-750 (4) due to renumbering by the state reviser effective in 2013.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6033. Limitations upon project funding in the Kentucky Rural Innovation Program.

Project funding in the Kentucky Rural Innovation Program shall have the following limitations:

  1. Award funds shall be used as seed funding as defined in KRS 164.6011 ;
  2. Award funds may be used for those entrepreneurial training topics specified in KRS 154.1-750 (4), if they meet particular objectives of a qualified company as delineated in the project application; and
  3. The amount of a fund award to a qualified company shall not exceed fifty thousand dollars ($50,000) each year for two (2) years, equal to a maximum of one hundred thousand dollars ($100,000).

History. Enact. Acts 2000, ch. 522, § 12, effective July 14, 2000; 2002, ch. 230, § 35, effective July 15, 2002.

Compiler's Notes.

This section is set out above to reflect a correction to the section reference appearing in (2) from 154.01-750 to 154.1-750 due to renumbering by the state reviser effective in 2013.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6035. Kentucky commercialization fund.

There is established and created in the State Treasury a fund entitled the “Kentucky Commercialization Fund” to provide seed funding for the development and commercialization of promising technologies at and emerging from colleges and universities in the Commonwealth. The fund may receive state appropriations, gifts, grants, federal funds, revolving funds, and any other funds both public and private. Moneys deposited in the fund shall be disbursed by the State Treasurer upon the warrant of the secretary of the Finance and Administration Cabinet. Any unallocated or unencumbered balances in the fund shall be invested as provided in KRS 42.500(9), and any income earned from the investments along with the unallotted or unencumbered balances in the fund shall not lapse, and shall be deemed a trust and agency account and made available solely for the purposes and benefits of the Kentucky Commercialization Fund Program.

History. Enact. Acts 2000, ch. 522, § 13, effective July 14, 2000; 2008, ch. 98, § 5, effective July 15, 2008.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6037. Kentucky Commercialization Fund Program — Purposes.

  1. There is created and established in the Council on Postsecondary Education a Kentucky Commercialization Fund Program to provide seed funding as defined in KRS 164.6011 , for the development and commercialization of promising technologies at and emerging from Kentucky’s colleges and universities.
  2. The purposes of the Kentucky Commercialization Fund Program are to:
    1. Accelerate knowledge transfer and technological innovation, improve economic competitiveness, and spur economic growth in Kentucky-based companies;
    2. Provide seed funding for promising technologies developed in Kentucky’s colleges and universities;
    3. Support promising technologies with commercial potential that are in their early stages of development;
    4. Promote technologies and resources offered by Kentucky’s postsecondary institutions to private enterprises; and
    5. Support the formation and organization of private enterprise that advances commercial applications based on a university’s research and development work.

History. Enact. Acts 2000, ch. 522, § 14, effective July 14, 2000; 2008, ch. 98, § 6, effective July 15, 2008.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6039. The science and technology organization to review, evaluate, and recommend proposal applications submitted by universities and report to council — Council’s power to approve program fund awards.

  1. The science and technology organization shall conduct an outside review to evaluate each proposal.
  2. The science and technology organization shall have the authority to review and provide to the council a reporting of recommended fund projects, which includes a ranking of projects, suggested funding amounts for each project, and reasons for recommending the selected project.
  3. The council shall receive from the science and technology organization a reporting of recommended projects and shall have the final approval on program fund awards.
  4. The science and technology organization shall recommend projects based on proposal applications submitted by Kentucky’s universities. The proposals shall be selected on criteria that include, but are not limited to, the following:
    1. Competitive, external peer review;
    2. Merits of the proposal to meet the program’s purposes under KRS 164.6037(2); and
    3. Potential of the proposal to increase the competitiveness of Kentucky businesses.
  5. Prior to final approval of fund awards, the university submitting the proposal shall provide assurance to the science and technology organization that the collaborating parties have adequately addressed the ownership and disposition of patents, royalties, and all other intellectual property rights, and equity or related position relating to the contract between the qualifying company and a partnering entity.
  6. Prior to approval of funding awards, the science and technology organization may negotiate with the university the ownership and disposition of patents, royalties, all other intellectual property rights, and an equity or related position on behalf of the Kentucky commercialization fund for the sole purpose of reinvesting and sustaining a revolving fund to carry out the provisions of KRS 164.6037 , 164.6039 , and 164.6041 .
  7. The science and technology organization, upon approval by the council, shall set forth guidelines as to when and how all areas of the state will be notified about the program availability and a program schedule, including, but not limited to, the following:
    1. A review cycle including:
      1. A deadline for submission of proposals at least biannually; and
      2. A deadline for proposal review of no more than one hundred twenty (120) days after the proposal application submission deadline; and
    2. A deadline for the awarding of approved projects and program funds.

History. Enact. Acts 2000, ch. 522, § 15, effective July 14, 2000.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6041. Limitations upon project funding in the Kentucky Commercialization Fund Program.

Project funding in the Kentucky Commercialization Fund Program shall have the following limitations:

  1. The maximum amount of funding for a project award under the Kentucky Commercialization Fund Program shall not exceed seventy-five thousand dollars ($75,000) each year up to two (2) years, equal to a maximum of one hundred fifty thousand dollars ($150,000); and
  2. The University of Kentucky and the University of Louisville shall be awarded together no more than seventy percent (70%) of fund awards.

History. Enact. Acts 2000, ch. 522, § 16, effective July 14, 2000; 2008, ch. 98, § 7, effective July 15, 2008.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, B, 1, (3) at 867.

164.6043. Council to create nonprofit regional technology corporations — Organization, powers, and duties of corporations — Funding. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 522, § 17, effective July 14, 2000) was repealed by Acts 2002, ch. 230, § 41, effective July 15, 2002.

Extension Districts

164.605. Short title.

KRS 164.605 to 164.675 may be cited as the District Cooperative Extension Service Law.

History. Enact. Acts 1962, ch. 275, § 1.

NOTES TO DECISIONS

1. Tax Levy.

Ad valorem tax levied by fiscal court for the use and benefit of an agricultural extension district theretofore created was not in violation of Const., § 157. Floyd County v. Kentucky-West Virginia Gas Co., 407 S.W.2d 721, 1966 Ky. LEXIS 188 ( Ky. 1966 ).

Opinions of Attorney General.

A tax for a fire protection district levied by the fiscal court must be included in the computation of the fifty-cent county tax limit. OAG 63-1079 .

164.610. Purpose.

In enacting KRS 164.605 to 164.675 , it is the intention of the General Assembly to provide for aid in disseminating among the people of Kentucky useful and practical information on subjects relating to agriculture, home economics, and rural and community life and to encourage the application of the same in the several counties of the Commonwealth through extension work to be carried on in cooperation with the University of Kentucky College of Agriculture and Home Economics, and the United States Department of Agriculture as provided in the Act of Congress May 8, 1914, as amended by Public Law 83 of the 83rd Congress.

History. Enact. Acts 1962, ch. 275, § 2.

Compiler’s Notes.

Public Law 83 of the 83rd Congress referred to in this section is codified generally as 7 USCS § 341 et seq.

164.615. Definitions for KRS 164.605 to 164.675.

As used in KRS 164.605 to 164.675 , unless the context requires otherwise:

  1. “Cooperative extension service district” or “extension district” means the district authorized by KRS 164.620 ;
  2. “County cooperative extension service council” or “extension council” means the organization authorized by KRS 164.625 ;
  3. “College of Agriculture” means the College of Agriculture and Home Economics of the University of Kentucky;
  4. “Extension service” means the cooperative extension service in agriculture and home economics of the College of Agriculture of the University of Kentucky and the United States Department of Agriculture;
  5. “Director of extension” means the director of the Kentucky cooperative extension service of the College of Agriculture of the University of Kentucky;
  6. “District cooperative extension service board” or “extension board” means the board authorized by KRS 164.630 and 164.635 .

History. Enact. Acts 1962, ch. 275, § 3.

164.620. Extension districts authorized.

There is hereby authorized for each county an extension district whose boundaries shall be coexistent with the county boundaries. Such districts may be created by the fiscal court of the county. Each extension district shall constitute a governmental subdivision of the Commonwealth and a public body corporate.

History. Enact. Acts 1962, ch. 275, § 4.

Opinions of Attorney General.

The county judge/executive, with approval of fiscal court as a body, could dissolve an agricultural extension district, provided it meets certain minimal constitutional requirements: (1) The fiscal court would hold a public hearing on the matter of dissolution; (2) all liabilities and contractual obligations of the district would have to be settled completely prior to dissolution. OAG 80-67 .

Research References and Practice Aids

Cross-References.

County fiscal courts, powers of, KRS 67.080 .

164.625. Regulations, authority, and duty of director of extension — Extension council, membership, bylaws.

  1. The director of extension is hereby authorized to promulgate regulations relating to the establishment of and continuation of extension councils. Said regulations may apply to a specific county.
  2. An extension council shall be established for each extension district. Each extension council shall be organized under regulations approved by the director of extension and shall be comprised of not less than fifteen (15) citizens nor more than forty (40) citizens of the county in which the extension district is located, subject to the provisions of subsection (2) of KRS 164.635 . All members of the extension council shall be appointed by the county groups and organizations of the county whose major interest is in agriculture and home economics such as farm bureaus, homemaker councils, 4-H Club councils and various commodity groups but is not necessarily limited to those mentioned. In event of question the eligibility of a group to appoint to the extension council shall be determined by the director of extension. The number of members of each extension council shall be determined by the size of the county, the diversity of agricultural interests of the county, and other like factors and shall be according to regulations mentioned in subsection (1) of this section. Each extension council shall adopt a set of bylaws providing for its operation and terms of membership according to the same regulations.
  3. All regulations issued under the provisions of this section shall be filed in accordance with KRS Chapter 13A. Immediately after filing, the director of extension shall cause the text of every regulation to be published pursuant to KRS Chapter 424. The director of extension shall also mail two (2) copies of every regulation to the county clerk of the county in which the regulation is applicable, one (1) copy of which shall be posted on the courthouse door or bulletin board. Additional distribution may be made at the discretion of the director of extension.

History. Enact. Acts 1962, ch. 275, § 5; 1966, ch. 239, § 149; 1978, ch. 384, § 294, effective June 17, 1978.

164.630. Extension board authorized.

An extension board may be created by the fiscal court of the county in which the extension district is located. The extension board, as the governing body of the extension council, shall be composed of the county judge/executive and six (6) other citizens residing within the extension district.

History. Enact. Acts 1962, ch. 275, § 6; 1976 (Ex. Sess.), ch. 20, § 6, effective January 2, 1978.

Opinions of Attorney General.

The extension district board is designed to serve as an agency of the state, to manage and transact all of the business and affairs of its district, and to have authority to acquire property necessary for its function; it has the power to formulate a district budget and to collect the district taxes and expend such funds for the exclusive work of the district. The district, through the extension board, has fiscal and administrative powers independent of the county or fiscal court. OAG 83-264 .

A fiscal court, upon creating an extension district, may create an extension board for the particular county extension district and, once the extension board is created, it has the authority to levy a district extension education tax for district purposes. Since KRS 164.665 was repealed in 1978, the specific monetary limitations on the tax rate fell with the repeal; however, the extension board cannot levy the tax at a rate to exceed the maximum rate for taxing districts (50 cents on the $100). OAG 83-264 .

164.635. Extension board — Membership, appointment, term, vacancy, removal of member.

  1. Appointment of the six (6) members, other than the county judge/executive, to the extension board shall be made by the county judge/executive of the county in which the extension district is located. These appointments shall be made, with the approval of the fiscal court, from nominations submitted by the extension council in the county in which said district is located. Said council, to be eligible to submit nominations, shall be organized and functioning in accordance with procedures approved by the director of extension.
  2. On or before November 1 of each year the extension council shall submit to the county judge/executive a list of two (2) nominees for each member to be appointed to the extension board. On or before December 1 of each year the county judge/executive shall from this list appoint the required board members. If for any reason the county judge/executive fails to appoint the required members by December 15 of the year in question, they may be appointed by the director of extension. On the first board two (2) members shall be appointed for terms of three (3) years, two (2) for terms of two (2) years and two (2) for terms of one (1) year. Thereafter, all appointments shall be for terms of three (3) years and shall become effective on the first of January following appointment. Each member shall serve until his successor is appointed and qualified. Appointment of members to fill vacancies shall be in the same manner as those for other members. Board members may be appointed and the first board organized immediately after June 14, 1962. In this case the period served in 1962 shall be in addition to the regular terms of the members which start on January 1, 1963. Each board member shall, by virtue of his membership on the board, become a member of the extension council. This membership on the extension council may be in addition to the maximum of forty (40) as listed in subsection (2) of KRS 164.625 .
  3. A board member may be removed from office as provided by KRS 65.007 .

History. Enact. Acts 1962, ch. 275, § 7; 1976 (Ex. Sess.), ch. 20, § 6, effective January 2, 1978; 1980, ch. 18, § 14, effective July 15, 1980.

164.640. Organization.

On or before January 15 following the creation of the extension board, the county judge/executive shall call all duly appointed board members together for an organization meeting. The county judge/executive shall serve as chairman until all officers are elected. The officers of the board shall consist of a chairman, vice chairman, secretary and treasurer. The positions of secretary and treasurer may be held by the same person and this person may be other than a board member, with the approval of the director of extension.

History. Enact. Acts 1962, ch. 275, § 8; 1976 (Ex. Sess.), ch. 20, § 6, effective January 2, 1978.

164.645. Meetings required.

The extension board shall meet annually during the month of January for the election of officers and for the transaction of other necessary business and may hold such other meetings during the year as shall be determined and fixed by the extension board.

History. Enact. Acts 1962, ch. 275, § 9.

164.650. Duties of officers — Oath.

  1. The chairman of the extension board shall preside at all meetings of the board, have authority to call special meetings of said board upon such notice as shall be fixed and determined by the extension board, and shall call special meetings of the extension board upon the written request of the majority of the members of said board, and in addition to the duties imposed upon him by KRS 164.605 to 164.675 , perform and exercise the usual duties performed and exercised by a chairman or president of a board of directors of a corporation.
  2. The vice chairman, in the absence or disability of the chairman or his refusal to act, shall perform the duties imposed upon the chairman and act in his stead.
  3. The secretary shall perform the duties usually incident to this office. He shall keep the minutes of all meetings of the extension board. He shall sign such instruments and papers as provided for in KRS 164.605 to 164.675 and as may be required from time to time by the extension board.
  4. The treasurer, within ten (10) days after his election as treasurer and before entering upon the duties of his office as treasurer, shall execute to the extension board a corporate surety bond of one hundred twenty-five percent (125%) of the amount, as near as can be ascertained, that shall be in his hands as treasurer at any one (1) time. The cost of said corporate surety bond for the treasurer shall be paid out of the district cooperative extension education funds. After said treasurer executes said corporate surety bond, he shall receive, deposit and have charge of all of the funds of the extension board and shall pay and disburse said funds as provided for by KRS 164.605 to 164.675 and as may be required from time to time by the extension board.
  5. All members of the extension board shall take and sign the usual oath of public officers.
  6. Each of the officers of the extension board shall perform and carry out the duties as provided for in this section and shall perform and carry out such other duties as shall be required of them from time to time by the extension board.

History. Enact. Acts 1962, ch. 275, § 10.

Research References and Practice Aids

Cross-References.

Oaths and bonds of public officers, KRS Ch. 62.

164.655. Extension board, powers and duties.

The extension board of each extension district shall have the following powers and duties:

  1. To serve as an agency of the Commonwealth and to manage and transact all of the business and affairs of its district and have authority to acquire property necessary for the conduct of the business of the district for the purposes of KRS 164.605 to 164.675 ;
  2. To enter into an annual memorandum of agreement with the extension service and the extension district. This memorandum of agreement shall set forth the policy pertaining to (a) appointment of personnel to serve in the district, (b) financing of extension work in the district, and (c) responsibilities of the cooperating parties in planning and executing the program;
  3. To, and shall as soon as possible following the first meeting in which the officers are elected and annually thereafter, file in the office of the county clerk a certificate signed by its chairman and secretary, certifying the names, addresses and terms of office of each member and the names and addresses of the officers of the extension board with the signatures of the officers affixed thereto, and said certificate shall be conclusive as to the organization of the extension district, its extension board and as to its members and its officers;
  4. With the advice of the extension council, to make and adopt such rules and regulations not inconsistent with the law as it may deem necessary for its own government in the transaction of the business of the extension district;
  5. To cooperate with the extension service and the extension council in conducting an extension program in agriculture, home economics, youth work and related subjects in the extension district. Said program shall be planned and executed upon the advice, recommendations and assistance of the extension council with the board to make final decisions;
  6. To cooperate with other extension districts in the employment of personnel, conduct of programs and sponsorship of activities for the mutual benefit of each;
  7. To cooperate with all extension organizations, farm organizations, state and federal agencies, civic clubs and any other organizations who may be interested in and willing to cooperate in conducting the extension programs in the extension district;
  8. To prepare annually not later than April 15 of each year in cooperation with the director of extension an extension district budget for the ensuing year. This budget shall be prepared with consideration being given to the advice and recommendations of the extension council, must be consistent with financing policies of the extension service and shall reflect the agricultural, home economics, youth and related subject matter needs of people in the extension district;
  9. To deposit all district extension education funds in a bank or banks approved by it in the name of the extension district. These receipts shall constitute a fund known as the district cooperative extension education fund which shall be disbursed by the treasurer of the extension board in accordance with the annual budget and the annual memorandum of agreement between the board and the extension service;
  10. To, from time to time when necessary and on approval of the fiscal court, borrow such funds as may be required to meet the financial obligations of the extension district; provided, however, that the extension board cannot in any fiscal year incur indebtedness in an amount which would be in excess of the anticipated revenue of said district for the fiscal year. The amount of the anticipated revenue shall be certified to said board by the fiscal court of the county in which the district is located;
  11. To expand the district cooperative extension education fund for salaries and travel expense of extension personnel, rental, office supplies, equipment, communications, office facilities, services and property acquisition and in payment of such other items as may be necessary to carry out the extension district program;
  12. To carry over unexpended district cooperative extension education funds into the next fiscal year so that funds will be available to carry on the program; provided, however, that such anticipated carry-over funds shall be taken into consideration in the formulation of the extension district budget for the ensuing year;
  13. To comply with the requirements of KRS 65A.010 to 65A.090 ;
  14. To be remunerated from the district cooperative extension education fund for actual expenses incurred in the performance of services for the extension district; provided, however, that payments for expenses must be approved by the extension board;
  15. To accept contributions from fiscal courts and boards of education for use in conducting extension work in the extension district as provided for under KRS 247.080 ;
  16. To accept private funds for use in conducting extension work in the extension district; provided, however, that the acceptance of all such contributions must be approved by the director of extension; and
  17. To collect reasonable fees for specific services which require special equipment or personnel such as soil testing services, seed testing services or other services in support of the educational program of the extension district.

History. Enact. Acts 1962, ch. 275, § 11; 2013, ch. 40, § 58, effective March 21, 2013.

Opinions of Attorney General.

This section was intended to provide for the normal annual budget process but is not so restrictive as to prohibit a later budget preparation and submission where an extension district was not organized until April 11, 1972 and, therefore, consideration of a budget did not take place until a meeting on May 9, 1972. OAG 72-255 .

Where a fiscal court considered a motion to employ a full-time 4-H agent and such motion was defeated, the fiscal court, in dealing with this legislative function of appropriation, could reconsider at another meeting the matter of making an appropriation for the 4-H agent employment. OAG 77-515 .

An extension district, through its board, has fiscal and administrative powers entirely independent of a county. OAG 79-273 .

Where there is a rational and reasonable budget as proposed by the extension board, with the advice of the extension council and as consistent with financing policies of the extension service, and which reflects the agricultural, home economics, youth and related subject matter needs of the people of the district, the extension board has the authority to levy a district tax at a rate necessary, when considering contributions from the county and other sources, to finance the annual budget of the district which tax rate must be reasonable and cannot exceed the 50 cents limit of § 157 of the Constitution. OAG 79-273 .

164.660. Equal opportunity — Board member restrictions.

  1. The extension board and all persons employed in the extension district shall in planning and executing the extension program provide opportunities for all citizens of said district regardless of race, creed or status to cooperate with and receive free the educational benefits from such programs.
  2. No near relative of a member of an extension board may be employed in extension work in the extension district in which the member is serving.
  3. Extension districts shall not engage in commercial activities or enterprises except as provided for in subsection (17) of KRS 164.655 .
  4. No member of the extension board, excepting the county judge/executive, shall at the same time serve in any elective office in the county, city, state or federal governments.

History. Enact. Acts 1962, ch. 275, § 12.

Research References and Practice Aids

Cross-References.

Commission on human rights, KRS 344.150 to 344.270 .

164.665. Budget — Tax authorized — Collection — Rate limitation. [Repealed.]

Compiler’s Notes.

This section (Acts 1962, ch. 275, § 13) was repealed by Acts 1978, ch. 118, § 19, effective June 17, 1978.

164.670. Revenues payable to treasurer.

All revenues realized from a district cooperative extension education tax shall be due and payable to the duly elected treasurer of the extension board on or before the fifteenth of each month following collection.

History. Enact. Acts 1962, ch. 275, § 14.

Opinions of Attorney General.

Since the authority for a fiscal court to levy the extension district tax has been repealed, the district board, by implication, has the authority to levy the tax. OAG 79-273 .

A fiscal court, upon creating an extension district, may create an extension board for the particular county extension district and, once the extension board is created, it has the authority to levy a district extension education tax for district purposes. Since KRS 164.665 was repealed in 1978, the specific monetary limitations on the tax rate fell with the repeal; however, the extension board cannot levy the tax at a rate to exceed the maximum rate for taxing districts (50 cents on the $100). OAG 83-264 .

164.675. Directive to extension board.

The extension board is specifically directed to cooperate with the extension service and the United States Department of Agriculture in the accomplishment of the District Cooperative Extension Education Program contemplated by KRS 164.605 to 164.675 . To the end that the state and federal funds allocated to the extension service and the cooperative extension education fund of each district may be more efficiently used by the extension service and the extension board, the director of extension shall coordinate the cooperative extension education programs in the several extension districts.

History. Enact. Acts 1962, ch. 275, § 15.

164.680. Definitions for KRS 164.680 to 164.689. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 259, § 1, effective July 15, 1998) was renumbered as KRS 164.6903 .

164.681. Division of Occupations and Professions to provide administrative services — Revolving fund — Directory of registered athlete agents — Administrative regulations. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 259, § 2, effective July 15, 1998) was renumbered as KRS 164.6905 .

164.682. Requirement of athlete agent to register — Application — Fee — Grounds for denial — Availability of financial and business records — Annual contract reports. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 259, § 3, effective July 15, 1998) was renumbered as KRS 164.6909 .

164.683. Prohibited acts. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 259, § 4, effective July 15, 1998) was renumbered as KRS 164.6925 .

164.684. Requirements for athlete agent contract — Duty to report contract to athletic director or president — Postdating prohibited — Right to rescind. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 259, § 5, effective July 15, 1998) was renumbered as KRS 164.6917 .

164.685. Notification to athletic director or president — Penalty. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 259, § 6, effective July 15, 1998) was renumbered as KRS 164.6919 .

164.686. Damages for failure to notify — Limitation of actions. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 259, § 7, effective July 15, 1998) was renumbered as KRS 164.6929 .

164.687. Referral of complaint — Investigation — Recommendation of disciplinary action — Appeal — Length of suspension or revocation — Reinstatement. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 259, § 8, effective July 15, 1998) was renumbered as KRS 164.6913 .

164.689. Penalties for violation of KRS 164.680 to 164.687. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 259, § 9, effective July 15, 1998) was renumbered as KRS 164.6927 .

Athlete Agents and Agency Contracts

164.6901. Short title.

KRS 164.6901 to 164.6935 may be cited as the Revised Uniform Athlete Agents Act.

HISTORY: Enact. Acts 2003, ch. 172, § 1, effective June 24, 2003; 2018 ch. 205, § 1, effective July 14, 2018.

164.6903. Definitions for KRS 164.6901 to 164.6935.

As used in KRS 164.6901 to 164.6935 , unless the context requires otherwise:

  1. “Agency contract” means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract;
  2. “Athlete agent”:
    1. Means an individual, whether registered under KRS 164.6901 to 164.6935 or not, who:
      1. Directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student-athlete as a professional athlete or member of a professional sports team or organization;
      2. For compensation or in anticipation of compensation related to a student-athlete’s participation in athletics:
        1. Serves the student-athlete in an advisor capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
        2. Manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts or taxes; or
      3. In anticipation of representing a student-athlete for a purpose related to the student-athlete’s participation in athletics:
        1. Gives consideration to the student-athlete or another person;
        2. Serves the student-athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
        3. Manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts, or taxes; and
    2. Does not include an individual who:
      1. Acts solely on behalf of a professional sports team or organization; or
      2. Is a licensed, registered, or certified professional and offers or provides services to a student-athlete customarily provided by members of the profession, unless the individual:
        1. Also recruits or solicits the student-athlete to enter into an agency contract;
        2. For compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the student-athlete as a professional athlete or member of a professional sports team or organization; or
        3. Receives consideration for providing the services calculated using a different method than for an individual who is not a student-athlete; or
      3. Is a parent or guardian of a student-athlete, unless the parent or guardian for compensation, or any form of valuable consideration or reasonable expectation thereof, influences or attempts to influence the student-athlete to enter into an agency contract, or procures employment or offers, promises, attempts, or negotiates to obtain employment for the student-athlete as a professional athlete or member of a professional sports team or organization;
  3. “Athletic director” means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male and female students, the athletic program for males or the athletic program for females, as appropriate;
  4. “Contact” means a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract;
  5. “Department” means the Department of Professional Licensing in the Public Protection Cabinet;
  6. “Educational institution” includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university;
  7. “Endorsement contract” means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance;
  8. “Enrolled” means registered for courses and attending athletic practice or class;
  9. “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association that promotes or regulates collegiate athletics;
  10. “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges, or universities;
  11. “Licensed, registered, or certified professional” means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession other than that of an athlete agent who is licensed, registered, or certified by the state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing;
  12. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity;
  13. “Professional-sports-services contract” means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete;
  14. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
  15. “Recruit or solicit” means to attempt to influence the choice of an athlete agent by a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.
  16. “Registration” means registration as an athlete agent pursuant to KRS 164.6901 to 164.6935 ;
  17. “Sign” means with present intent to authenticate or adopt a record:
    1. To execute or adopt a tangible symbol; or
    2. To attach to or logically associate with the record an electronic symbol, sound, or process;
  18. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; and
  19. “Student-athlete” means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. “Student-athlete” does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.

HISTORY: Enact. Acts 1998 ch. 259, § 1, effective July 15, 1998; repealed and reenact., Acts 2003, ch. 172, § 2, effective June 24, 2003; 2009, ch. 12, § 43, effective June 25, 2009; 2010, ch. 24, § 214, effective July 15, 2010; 2017 ch. 178, § 9, effective April 11, 2017; 2018 ch. 205, § 2, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 164.680 .

164.6905. Role of Department of Professional Licensing.

  1. By acting as an athlete agent in this state, a nonresident individual appoints the department as the individual’s agent for service of process in any civil action in this state related to the individual’s acting as an athlete agent in this state.
  2. The department may issue subpoenas for any material that is relevant to the administration of KRS 164.6901 to 164.6935 .
  3. The department may promulgate administrative regulations in accordance with KRS Chapter 13A that are necessary to carry out the provisions of KRS 164.6901 to 164.6935 .

History. Enact. Acts 1998, ch. 259, § 2, effective July 15, 1998; repealed and reenact., Acts 2003, ch. 172, § 3, effective June 24, 2003; 2010, ch. 24, § 215, effective July 15, 2010; 2017 ch. 178, § 10, effective April 11, 2017.

Compiler’s Notes.

This section was formerly compiled as KRS 164.681 .

164.6907. Certificate of registration required.

  1. Except as otherwise provided in subsection (2) of this section, an individual may not act as an athlete agent in this state without holding a certificate of registration under KRS 164.6901 to 164.6935 .
  2. Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:
    1. A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and
    2. Within seven (7) days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
  3. An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under contract.

HISTORY: Enact. Acts 2003, ch. 172, § 4, effective June 24, 2003; 2018 ch. 205, § 3, effective July 14, 2018.

164.6909. Contents of application — Certificate from other state — Cooperation with other organizations.

  1. An applicant for registration as an athlete agent shall submit an application for registration to the department in a form prescribed by the department. An application filed under this section is a public record. The applicant shall be an individual, and the application shall be signed by the applicant under penalty of perjury. The application shall contain at least the following:
    1. The name and date and place of birth of the applicant and the following contact information for the applicant:
      1. The address of the applicant’s principal place of business;
      2. Work and mobile telephone numbers; and
      3. Any means of communicating electronically, including a facsimile number, electronic mail address, and personal and business or employer Web sites;
    2. The name of the applicant’s business or employer, if applicable, including for each business or employer, the mailing address, telephone number, organization form, and the nature of the business;
    3. Each social media account with which the applicant or the applicant’s business or employer is affiliated;
    4. Each business or occupation engaged in by the applicant for the five (5) years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time;
    5. A description of the applicant’s:
      1. Formal training as an athlete;
      2. Practical experience as an athlete agent; and
      3. Educational background relating to the applicant’s activities as an athlete agent;
    6. The name of each student-athlete for whom the applicant acted as an athlete agent within five (5) years before the date of the application or, if the student-athlete is a minor, the name of the parent or guardian of the minor, together with the student-athlete’s sport and last known team;
    7. The name and address of each person that:
      1. Is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of five percent (5%) or more of the athlete agent’s business if it is not a corporation; and
      2. Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent (5%) or more in the corporation;
    8. A description of the status of any application by the applicant or any person named pursuant to paragraph (g) of this subsection for a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license;
    9. Whether the applicant or any person named pursuant to paragraph (g) of this subsection has been convicted of, or has charges pending for, a crime that would involve sexual misconduct, has dishonesty as a necessary element, or would be a felony if committed in this state, and, if so, identification of:
      1. The crime;
      2. The law enforcement agency involved; and
      3. If applicable, the date of the conviction and the fine or penalty imposed;
    10. Whether, within fifteen (15) years before the date of the application, the applicant or any person named pursuant to paragraph (g) of this subsection has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence, and if so, the date and a full explanation of each proceeding;
    11. Whether the applicant or any person named pursuant to paragraph (g) of this subsection has an unsatisfied judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application;
    12. Whether, within ten (10) years before the date of the application, the applicant or any person named pursuant to paragraph (g) of this subsection was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;
    13. Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (g) of this subsection has made a false, misleading, deceptive, or fraudulent representation;
    14. Each instance in which the conduct of the applicant or any person named pursuant to paragraph (g) of this subsection resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate, or professional athletic event on a student-athlete or a sanction on an educational institution;
    15. Each sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (g) of this subsection arising out of occupational or professional conduct;
    16. Whether there has been any denial of an application for, suspension or revocation of, refusal to renew, or abandonment of the registration of the applicant or any person named pursuant to paragraph (g) of this subsection as an athlete agent in any state;
    17. Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent; and
    18. If the applicant is certified or registered by a professional league or players association:
      1. The name of the league or association;
      2. The date of certification or registration, and the date of expiration of the certification or registration, if any; and
      3. If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of registration; and
    19. Any additional information required by the department.
  2. Instead of proceeding under subsection (1) of this section, an individual registered as an athlete agent in another state, may apply for registration as an athlete agent in this state by submitting to the department:
    1. A copy of the application for registration in the other state;
    2. A statement that identifies any material change in the information on the application or verifies that there is no material change in the information, signed under penalty of perjury; and
    3. A copy of the certificate of registration from the other state.
  3. The department shall issue a certificate of registration to an individual who applies for registration under subsection (2) of this section if the department determines:
    1. The application and registration requirements of the other state are substantially similar to or more restrictive than the Commonwealth’s; and
    2. The registration has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.
  4. For purposes of implementing subsection (3) of this section, the department shall:
    1. Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than the Commonwealth’s; and
    2. Exchange information, including information related to actions taken against registered agents or their registrations, with those organizations and agencies.

HISTORY: Enact. Acts 1998, ch. 259, § 3, effective July 15, 1998; repealed and reenact., Acts 2003, ch. 172, § 5, effective June 24, 2003; 2010, ch. 24, § 216, effective July 15, 2010; 2017 ch. 178, § 11, effective April 11, 2017; 2018 ch. 205, § 4, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 164.682 .

164.6911. Office may refuse to issue certificate — Renewal of registration.

  1. Except as otherwise provided in subsection (2) of this section, the department shall issue a certificate of registration to an individual who complies with KRS 164.6909(1).
  2. The department may refuse to issue a certificate of registration if the department determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant’s fitness to act as an athlete agent. In making the determination, the department may consider whether the applicant has:
    1. Pleaded guilty or no contest to, been convicted of, or has charges pending for a crime that involves sexual misconduct, has dishonesty as a necessary element, or is a felony if committed in this state;
    2. Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
    3. Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
    4. Engaged in conduct prohibited by KRS 164.6925 ;
    5. Had a registration as an athlete agent suspended, revoked, or denied in any state;
    6. Been refused renewal of registration or licensure as an athlete agent in any state;
    7. Engaged in conduct resulting in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student-athlete or a sanction on an educational institution; or
    8. Engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty, or integrity.
  3. In making a determination under subsection (2) of this section, the department shall consider:
    1. How recently the conduct occurred;
    2. The nature of the conduct and the context in which it occurred; and
    3. Any other relevant conduct of the applicant.
  4. An athlete agent registered under subsection (1) of this section may apply to renew a registration by submitting an application for renewal in a form prescribed by the department. An application filed under this section is a public record. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original registration.
  5. An athlete agent registered under KRS 164.6909(3) may renew the registration by proceeding under subsection (4) of this section or, if the registration in the other state has been renewed, by submitting to the department copies of the application for renewal in the other state and the renewed registration from the other state. The department shall renew the registration if the department determines:
    1. The registration requirements of the other state are substantially similar to or more restrictive than the Commonwealth’s; and
    2. The renewed registration has not been suspended or revoked and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.
  6. A certificate of registration or a renewal of registration is valid for two (2) years.

HISTORY: Enact. Acts 2003, ch. 172, § 6, effective June 24, 2003; 2010, ch. 24, § 217, effective July 15, 2010; 2018 ch. 205, § 5, effective July 14, 2018.

164.6913. Limitation, suspension, revocation, or nonrenewal of certificate.

  1. The department may limit, suspend, revoke, or refuse to renew a registration for conduct that would have justified refusal to issue a certificate of registration under KRS 164.6911(2).
  2. The department may suspend or revoke the registration of an individual registered under KRS 164.6909(3) or renewed under KRS 164.6911(5) for any reason for which the department could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under KRS 164.6911(2).

HISTORY: Enact. Acts 1998, ch. 259, § 8, effective July 15, 1998; repealed and reenact., Acts 2003, ch. 172, § 7, effective June 24, 2003; 2010, ch. 24, § 218, effective July 15, 2010; 2017 ch. 178, § 13, effective April 11, 2017; 2018 ch. 205, § 6, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 164.687 .

164.6914. Temporary certificate of resignation.

The department may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.

HISTORY: 2018 ch. 205, § 7, effective July 14, 2018.

164.6915. Fees.

An application for registration or renewal of registration shall be accompanied by a fee in the following amount:

  1. An initial application for registration fee determined by the department, not to exceed three hundred dollars ($300);
  2. A renewal fee determined by the department, not to exceed three hundred dollars ($300);
  3. An application for registration fee based upon certification of registration or licensure issued by another state determined by the department, not to exceed two hundred fifty dollars ($250); or
  4. An application for renewal of registration based on a renewal of registration in another state, not to exceed two hundred fifty dollars ($250).

HISTORY: Enact. Acts 2003, ch. 172, § 8, effective June 24, 2003; 2010, ch. 24, § 219, effective July 15, 2010; 2017 ch. 178, § 14, effective April 11, 2017; 2018 ch. 205, § 8, effective July 14, 2018.

164.6917. Requirements for agency contract.

  1. An agency contract must be in a record, signed or otherwise authenticated by the parties.
  2. An agency contract shall contain:
    1. A statement that the athlete agent is registered as an athlete agent in this state and a list of other states in which the agent is registered as an athlete agent;
    2. The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or may receive from any other source for entering into the contract or for providing the services;
    3. The name of any person not listed in the athlete agent’s application for registration or renewal of registration who will be compensated because the student-athlete signed the contract;
    4. A description of any expenses that the student-athlete agrees to reimburse;
    5. A description of the services to be provided to the student-athlete;
    6. The duration of the contract; and
    7. The date of execution.
  3. Subject to subsection (7) of this section, an agency contract shall contain a conspicuous notice in boldface type and in substantially the following form:
  4. An agency contract shall be accompanied by a separate record signed by the student-athlete or, if the athlete is a minor, the parent or guardian of the student-athlete acknowledging that signing the contract may result in the loss of the student-athlete’s eligibility to participate in the student-athlete’s sport.
  5. A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.
  6. At the time an agency contract is executed, the athlete agent shall give the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete a copy in a record of the contract and the separate acknowledgement required by subsection (4) of this section.
  7. If a student is a minor, an agency contract shall be signed by the parent or guardian of the minor and the notice required by subsection (3) of this section shall be revised accordingly.

WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS CONTRACT: (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THE CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT-ATHLETE IN YOUR SPORT.

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History. Enact. Acts 1998, ch. 259, § 5, effective July 15, 1998; repealed and reenact., Acts 2003, ch. 172, § 9, effective June 24, 2003; 2018 ch. 205, § 9, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 164.684 .

164.6919. Notice to athletic director — Responsibilities of student-athlete, athlete agent, and educational institution.

  1. In this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message.
  2. Within seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.
  3. Within seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract and the name and contact information of the athlete agent.
  4. If an athlete agent enters into an agency contract with a student-athlete and the student-athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than seventy-two (72) hours after the agent knew or should have known the student-athlete enrolled.
  5. If an athlete agent has a relationship with a student-athlete before the student-athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the athlete agent shall notify the institution of the relationship not later than ten (10) days after the enrollment if the agent knows or should have known of the enrollment and:
    1. The relationship was motivated in whole or in part by the intention of the athlete agent to recruit or solicit the athlete to enter an agency contract in the future; or
    2. The athlete agent directly or indirectly recruited or solicited the student-athlete to enter an agency contract before the enrollment.
  6. An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student-athlete is enrolled before the agent communicates or attempts to communicate with:
    1. The student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete, to influence the student-athlete or parent or guardian to enter into an agency contract; or
    2. Another individual to have that individual influence the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete to enter into an agency contract.
  7. If a communication or attempt to communicate with an athlete agent is initiated by a student-athlete or another individual on behalf of the student-athlete, the athlete agent shall notify in a record the athletic director of any educational institution at which the student-athlete is enrolled. The notification shall be made not later than ten (10) days after the communication or attempt.
  8. An educational institution that becomes aware of a violation of KRS 164.6901 to 164.6935 by an athlete agent shall notify the department and any professional league or players association with which the institution is aware the athlete agent is licensed or registered of the violation.

HISTORY: Enact. Acts 1998, ch. 259, § 6, effective July 15, 1998; repealed and reenact., Acts 2003, ch. 172, § 10, effective June 24, 2003; 2018 ch. 205, § 10, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 164.685 .

164.6921. Cancellation of agency contract by student-athlete.

  1. A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen (14) days after the contract is signed.
  2. A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may not waive the right to cancel an agency contract.
  3. If a student-athlete, parent, or guardian cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.

HISTORY: Enact. Acts 2003, ch. 172, § 11, effective June 24, 2003; 2018 ch. 205, § 11, effective July 14, 2018.

164.6923. Records to be retained by athlete agent.

  1. An athlete agent shall create and retain the following records for a period of five (5) years:
    1. The name and address of each individual represented by the athlete agent;
    2. Any agency contract entered into by the athlete agent; and
    3. Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.
  2. Records required to be retained in subsection (1) of this section are open to inspection by the department during normal business hours.

HISTORY: Enact. Acts 2003, ch. 172, § 12, effective June 24, 2003; 2010, ch. 24, § 220, effective July 15, 2010; 2017 ch. 178, § 15, effective April 11, 2017; 2018 ch. 205, § 12, effective July 14, 2018.

164.6925. Prohibited acts — Authorization to pay certain expenses.

  1. Except as otherwise provided in subsection (3) of this section, an athlete agent, with the intent to influence a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the athlete agent:
    1. Give any materially false or misleading information or make a materially false promise or representation;
    2. Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or
    3. Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.
  2. An athlete agent shall not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:
    1. Initiate contact, directly or indirectly, with a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete, to recruit or solicit the student-athlete, parent, or guardian to enter an agency contract unless registered under KRS 164.6901 to 164.6935 ;
    2. Fail to create or retain or permit inspection of the records required to be retained by KRS 164.6923 ;
    3. Fail to register when required by KRS 164.6907 ;
    4. Provide materially false or misleading information in an application for registration or renewal of registration;
    5. Predate or postdate an agency contract; or
    6. Fail to notify a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete, before the student-athlete, parent, or guardian signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport.
  3. An athlete agent registered under KRS 164.6901 to 164.6935 who is certified as an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in the sport may pay expenses incurred before the signing of an agency contract by a student athlete, a family member of the student athlete, and an individual who is a member of a class of individuals authorized to receive payment for the expenses by the national association that certified the agent if the expenses are:
    1. For the benefit of the athlete who is a member of a class of athletes authorized to receive the benefit by the national association that certified the agent;
    2. Of a type authorized to be paid by a certified agent by the national association that certified the agent; and
    3. For a purpose authorized by the national association that certified the agent.

History. Enact. Acts 1998, ch. 259, § 4, effective July 15, 1998; repealed and reenact., Acts 2003, ch. 172, § 13, effective June 24, 2003; 2018 ch. 205, § 13, effective July 14, 2018; 2019 ch. 124, § 1, effective June 27, 2019.

Compiler’s Notes.

This section was formerly compiled as KRS 164.683 .

164.6927. Penalties.

  1. Any person who engages in the business of an athlete agent or represents himself or herself as an athlete agent without being registered in accordance with KRS 164.6901 to 164.6935 shall be guilty of a Class A misdemeanor.
  2. Any registered athlete agent who knowingly and willfully commits a prohibited act contained in KRS 164.6925 shall be guilty of a Class D felony.
  3. Any registered athlete agent who knowingly and willfully violates any provision of KRS 164.6917 shall be guilty of a Class D felony.
  4. A student athlete who knowingly and willfully violates any provision of KRS 164.6919 shall be guilty of a Class A misdemeanor.
  5. Any registered athlete agent or athlete who fails to make restitution to a college or university that prevails in a suit brought under KRS 164.6929 shall be guilty of a Class D felony.

History. Enact. Acts 1998, ch. 259, § 7, effective July 15, 1998; repealed and reenact., Acts 2003, ch. 172, § 14, effective June 24, 2003.

Compiler’s Notes.

This section was formerly compiled as KRS 164.686 .

164.6929. Right of action of educational institution or student-athlete for damages caused by violation of KRS 164.6901 to 164.6935.

  1. An educational institution or student-athlete may bring an action for damages against an athlete agent if the institution or student-athlete is adversely affected by an act or omission of the athlete agent in violation of KRS 164.6901 to 164.6935 . An education institution or student-athlete is adversely affected by an act or omission of the athlete agent only if, because of the act or omission, the institution or an individual who was a student-athlete at the time of the act or omission and enrolled in the institution:
    1. Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
    2. Suffers financial damage.
  2. Damages under subsection (1) of this section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of KRS 164.6901 to 164.6935 or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
  3. A plaintiff that prevails in an action under this section may recover actual damages, costs, and reasonable attorney’s fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student-athlete and shall refund any consideration paid to the agent by or on behalf of the student-athlete.
  4. A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete.
  5. Any liability of the athlete agent or the former student-athlete under this section is several and not joint.
  6. The department may assess a civil penalty against an athlete agent not to exceed fifty thousand dollars ($50,000) for a violation of KRS 164.6901 to 164.6935 .
  7. KRS 164.6901 to 164.6935 does not restrict rights, remedies, or defenses of any person under law or equity.

HISTORY: Enact. Acts 1998, ch. 259, § 7, effective July 15, 1998; repealed and reenact., Acts 2003, ch. 172, § 15, effective June 24, 2003; 2010, ch. 24, § 221, effective July 15, 2010; 2017 ch. 178, § 16, effective April 11, 2017; 2018 ch. 205, § 14, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 164.686 .

164.6931. Construction of KRS 164.6901 to 164.6935.

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History. Enact. Acts 2003, ch. 172, § 16, effective June 24, 2003.

164.6933. Effect of federal act.

KRS 164.6901 to 164.6935 modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. sec. 7001 (c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. sec. 7003(b) .

HISTORY: Enact. Acts 2003, ch. 172, § 17, effective June 24, 2003; 2018 ch. 205, § 15, effective July 14, 2018.

164.6935. Severability.

If any provision of KRS 164.6901 to 164.6935 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of KRS 164.6901 to 164.6935 which can be given effect without the invalid provision or application, and to this end the provisions of KRS 164.6901 to 164.6935 are severable.

History. Enact. Acts 2003, ch. 172, § 18, effective June 24, 2003.

Archaeology

164.705. Declaration of policy.

It is hereby declared to be the public policy of the Commonwealth to preserve archaeological sites and objects of antiquity for the public benefit and to limit exploration, excavation and collection of such matters to qualified persons and educational institutions possessing the requisite skills and purpose to add to the general store of knowledge concerning history, archaeology and anthropology.

History. Enact. Acts 1962, ch. 278, § 1.

Opinions of Attorney General.

It is the duty of the Kentucky Heritage Commission (now Kentucky Heritage Council) created under KRS 171.381 to assist the state archaeologist in an advisory capacity and to insure that the programs of the Commission (now Council) and of the archaeologist seek the same objectives and are not in conflict. OAG 75-80 .

This section provides no authority for the University of Kentucky Department of Anthropology to designate any particular individual as the official “State Archaeologist.” OAG 76-178 .

Although the Kentucky Heritage Commission (now Kentucky Heritage Council) serves in an advisory capacity, the Commission (now Council) does not have power of review over the decisions and projects of the University of Kentucky Department of Anthropology which has the ultimate authority regarding archaeological permits. OAG 76-178 .

If “person” were to be given an expanded meaning, it would be unnecessary for the statute to refer to educational institutions and therefore, because educational institutions are specifically named, the legislature intended that “persons” be restricted to natural persons. OAG 78-247 .

164.710. Definitions for KRS 164.705 to 164.735.

As used in KRS 164.705 to 164.735 , unless the context otherwise requires:

  1. “Archaeological site” means any place where articles of value in the scientific study of historic or prehistoric human life and activities may be found, such as mounds, earthworks, forts, mines, burial grounds, graves and village or camp sites of Indians or any aboriginal race or pioneers.
  2. “Object of antiquity” means a ruin, monument, relic, bone deposit, artifact or any product of human workmanship of Indians or any aboriginal race or pioneers.
  3. “Department” means the Department of Anthropology of the University of Kentucky.

History. Enact. Acts 1962, ch. 278, § 2.

164.715. Prohibition.

No person shall willfully injure, destroy or deface any archaeological site or object of antiquity situated on lands owned or leased by the Commonwealth or any state agency or any political subdivision or municipal corporation of the Commonwealth.

History. Enact. Acts 1962, ch. 278, § 3.

164.720. Permit required to excavate.

  1. No person shall explore, excavate, appropriate or remove from land owned or leased by the Commonwealth or any state agency or any political subdivision or municipal corporation of the Commonwealth, any archaeological site or object of antiquity without first obtaining a permit from the Department of Anthropology upon the recommendation of the agency owning or having control of the land upon which the same is situated.
  2. If exploration or excavation of archaeological sites and the finding and gathering of objects of antiquity is undertaken for the benefit of reputable museums, universities, colleges or other recognized scientific or educational institutions with a view to promoting the knowledge of archaeology or anthropology, permits shall be regularly granted.
  3. Each permit issued by the department under this section shall accurately describe the location and sites of the ruins or deposits where the exploration or excavation is to be conducted and shall authorize such actions only at such location. The permit shall be upon such conditions as the department shall deem advisable for maximum effective exploration with a minimum of injury to the surrounding terrain. Each permit shall terminate upon the following thirty-first day of December, subject to an annual renewal on or before the following January 15. However, any permit may be revoked by the department at any time upon finding that explorations or excavations authorized by the permit are not being conducted lawfully or properly in accordance with its terms.

History. Enact. Acts 1962, ch. 278, § 4.

Opinions of Attorney General.

A restricted permit may be issued under subsection (3) of this section so that an academically unqualified but nevertheless essential person may perform specific tasks on a site which will not damage or impair its archaeological value. OAG 78-247 .

The extended meaning of “person” found in KRS 446.010 does not apply to interpretation of this section. OAG 78-247 .

The purpose expressed in this statute must control the interpretation of “person,” and it clearly reveals a legislative intention that only qualified natural persons explore and excavate archaeological sites and collect objects of antiquity. OAG 78-247 .

This section requires each helper or assistant or worker at an archaeological site to be issued the required permit since, otherwise, unqualified persons will be working at the site, which defeats the purpose and intent of the statute. OAG 78-247 .

Under subsection (1) of this section, a permit to explore or investigate is only required when the land involved contains an archaeological site or object of antiquity and, therefore, the employees of the Kentucky Department of Transportation (now Transportation Cabinet) do not need a permit to investigate KYDOT property which does not contain a known archaeological site or object of antiquity; conversely, if the land involved does contain a known archaeological site, then permits would be required even if the land belonged to KYDOT and even though the KYDOT employees were themselves professional archaeologists. OAG 82-607 .

164.725. Authority to mark locations.

The department may designate archaeological sites and objects of antiquity and cause to be posted at the locations thereof appropriate signs or markers.

History. Enact. Acts 1962, ch. 278, § 5.

Opinions of Attorney General.

This section vests wide discretion with the Department of Anthropology at the University of Kentucky in designating archaeological sites as to the type of designation to be made. OAG 76-178 .

164.730. Report discovery.

Any person who discovers an archaeological site or object of antiquity in the course of construction work or otherwise shall report such discovery to the department.

History. Enact. Acts 1962, ch. 278, § 6.

164.735. Authority to contract with private owner.

The department may enter into contracts or cooperative agreements with private landowners relating to the preservation and proper exploration of any archaeological site or object of antiquity situated on such private land. The department may acquire, with any funds available to it for such purpose, title to any real estate upon which is located an archaeological site or object of antiquity which the department determines it is important to be preserved.

History. Enact. Acts 1962, ch. 278, § 7.

Annual Economic Report

164.738. Annual economic report — Maintenance of state economic data by University of Kentucky.

  1. The Center for Business and Economic Research within the College of Business and Economics at the University of Kentucky shall, with the cooperation of other state institutions and agencies, prepare an annual economic report and maintain adequate state economic data which is to be disseminated to the Governor’s Financial Planning Council, state agencies, and other potential users of such information.
  2. The annual economic report and state economic data shall include, but are not limited to, analyses of economic data pertaining to employment, unemployment, wages, personal income, and other economic and financial data relevant to the Commonwealth. The financial support for any such studies shall be included in the budget of the University of Kentucky.

History. Enact. Acts 1986, ch. 370, § 3, effective July 15, 1986.

Higher Education Assistance

164.740. Definitions for KRS 164.740 to 164.7891.

As used in KRS 164.740 to 164.7891 , the terms listed below shall have the following meanings:

  1. “Authority” means the Kentucky Higher Education Assistance Authority;
  2. “Board” means the board of directors of the Kentucky Higher Education Assistance Authority;
  3. “Comprehensive transition and postsecondary program” means a program approved by the United States Department of Education as defined in 34 C.F.R. secs. 668.230 to 668.233;
  4. “Eligible institution” means, unless otherwise specified in this chapter, any educational institution or class of institutions designated as an institution of higher education pursuant to section 102 of the federal act, 20 U.S.C. sec. 1002 , as eligible to participate in, and that actively participates in, the Federal Pell Grant Program or, for purposes of insured student loans, is defined as an eligible institution pursuant to section 435 of the federal act, 20 U.S.C. sec. 1085 , provided that no right of participation shall be deemed vested pursuant to this subsection in any institution, including, but not by way of limitation, any college, school of nursing, vocational school, or business school;
  5. “Eligible lender” means any entity described as eligible pursuant to the federal act to make or originate insured student loans, provided that no right of participation shall be deemed vested hereby in any lender;
  6. “Eligible student” means any student enrolled or accepted for enrollment at a participating institution, meeting the criteria established by the federal act and this chapter for the various authority administered programs;
  7. “Endorser” means a person who signs a student loan promissory note as an accommodation party, in the manner of KRS 355.3-419, and is secondarily liable for payment on such note;
  8. “Federal act” means the Higher Education Act of 1965, Pub. L. 89-329, as amended;
  9. “Grant” means a gift of money, tuition discount, waiver of tuition and fees, or other monetary award that requires neither employment nor repayment, except under conditions prescribed by the board, and is based on demonstrated financial need and such other terms and conditions as the board may prescribe;
  10. “Honorary scholarship” means a certificate of merit or achievement or other appropriate document which may be issued by the board to students in recognition of superior academic ability or achievement or a special talent;
  11. “Insured student loan” means a loan to an eligible borrower, who is qualified under the federal act, on which the payment of principal and interest is insured as evidenced by a loan guarantee issued by the authority and reinsured by the secretary under the federal act;
  12. “Loan” means an advance of money, to be used exclusively for payment of educational expenses, evidenced by a promissory note or similar instrument requiring repayment under specified conditions;
  13. “Loan guarantee” means the certificate, document, or endorsement issued by the authority as evidence of insurance of a loan as to both principal and interest and of reinsurance by the secretary under the federal act;
  14. “Participating institution” means any eligible institution, to the extent that it offers an eligible program of study, having a contract in force with the authority, if required by the authority, on such terms as the authority may deem necessary or appropriate to the administration of its programs;
  15. “Participating lender” means any eligible lender, including the authority and the Kentucky Higher Education Student Loan Corporation, which has in force a contract with the authority providing for loan guarantee to be issued by the authority under the federal act and this chapter;
  16. “Penal institution” means any penitentiary, detention facility, adult correctional facility, jail, or other similar institution operated by the state, local, or federal government or by private business;
  17. “Recognition award” means an advance of money to or on behalf of a student in recognition of superior academic ability, achievement or special talent;
  18. “Regional accrediting association” means the Middle States Association of Colleges and Schools, Commission on Higher Education; New England Association of Schools and Colleges, Commission on Institutions of Higher Education; North Central Association of Colleges and Schools, Higher Learning Commission; Northwest Association of Schools and Colleges, Commission on Colleges; Southern Association of Colleges and Schools, Commission on Colleges; or Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities;
  19. “Scholarship” means a gift of money to provide an incentive for fulfillment of a particular public purpose which may be based on any combination of financial need, superior academic ability, achievement, a special talent, or special condition serving a public purpose and such other terms and conditions as the board may prescribe;
  20. “Secretary” means the United States Secretary of Education; and
  21. “Work study” means an award of money disbursed by the board at specified intervals to students, or as reimbursement to employers of students, who provide needed services for a specified number of hours in a capacity approved by the board.

History. Enact. Acts 1966, ch. 93, § 3; 1974, ch. 135, § 1; 1976, ch. 215, § 1, effective March 29, 1976; 1978, ch. 339, § 1, effective June 17, 1978; Acts 1982, ch. 403, § 1, effective July 15, 1982; amend. Acts 1988, ch. 256, § 1, effective July 15, 1988; 1994, ch. 447, § 1, effective April 11, 1994; Acts 1996, ch. 130, § 113, effective January 1, 1997; 1996, ch. 224, § 2, effective July 15, 1996; 1997 (1st Extra Sess.), ch. 1, § 119, effective May 30, 1997; 2000, ch. 311, § 1, effective July 14, 2000; 2003, ch. 180, § 1, effective June 24, 2003; 2004, ch. 111, § 1, effective July 13, 2004; 2013, ch. 42, § 1, effective June 25, 2013.

Compiler's Notes.

The Higher Education Act of 1965, referred to herein, is primarily compiled as 20 USCS § 1001 et seq.

Legislative Research Commission Note.

(7/7/97). The reference to KRS 355.3-415 in subsection (8) of this statute as it appeared in existing language in 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 119 was erroneous, that citation having been changed to KRS 355.3-419 by 1996 Ky. Acts ch. 130, sec. 113. The correct reference has been restored in codification. Cf. KRS 446.270 and 446.280 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.742. Kentucky Higher Education Assistance Authority created — Adoption of assumed name.

  1. There is hereby established a body corporate and politic constituting a public corporation and governmental agency and instrumentality of the Commonwealth by the name of the “Kentucky Higher Education Assistance Authority.” The General Assembly of the Commonwealth of Kentucky hereby finds and determines that in carrying out its functions, powers, and duties as prescribed in this chapter, the authority will be performing vital public purposes that improve the public welfare and prosperity of the people of the Commonwealth of Kentucky by promoting the availability of and enhancing accessibility to higher educational opportunities.
  2. For purposes of transacting any business with respect to the insured student loan program in any state other than the Commonwealth, the authority may adopt an assumed name in its corporate capacity, to the extent permitted by the laws of that state. Any assumed name adopted by the authority shall not be identical to or deceptively similar to the registered name of any corporation, partnership, trust, or other business entity doing business in that state.

History. Enact. Acts 1966, ch. 93, § 1; 1978, ch. 339, § 2, effective June 17, 1978; 1996, ch. 350, § 1, effective July 15, 1996.

Opinions of Attorney General.

Chapter 93 of the Kentucky Acts of 1966 is unconstitutional insofar as it attempts to authorize terms of office of eight years for the board of directors of the Kentucky Higher Education Assistance Authority, but the unconstitutional portion is severable from the remainder of the act. OAG 66-447 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.744. Purpose of authority.

The purpose of the Kentucky Higher Education Assistance Authority shall be to improve the higher education opportunities of persons who are attending or planning to attend eligible institutions. Such purpose is hereby declared to be a public purpose for which public money may be spent. Pursuant to rules and regulations which may be adopted by the board which are not inconsistent with the federal act, the authority may:

  1. Insure loans to students, but such insurance shall be provided only if such loans meet the criteria of the federal act and are the subject of agreements with the secretary, pursuant to the federal act and where the subject eligible lender has entered into an appropriate contract with the authority; and
  2. Provide from funds available to it loans, grants, scholarships, and work-study awards to eligible students who are residents of Kentucky to enable such persons to pursue an eligible program of study at a participating institution located in the Commonwealth, and, if required by the federal act, to such persons attending such nonprofit institutions as may be approved by the board.

History. Enact. Acts 1966, ch. 93, § 2; 1974, ch. 135, § 2; 1978, ch. 339, § 3, effective June 17, 1978; 1980, ch. 188, § 125, effective July 15, 1980; 1982, ch. 403, § 2, effective July 15, 1982.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.746. Board of directors — Membership — Terms — Vacancies — Officers and employees — Compensation — Meetings — Bylaws, policies, and administrative regulations — Power to adopt Model Procurement Code.

  1. The authority shall be governed, all of its powers shall be exercised, and its duties and functions shall be performed by a board of directors.
    1. Subject to paragraph (b) of this subsection, voting members of the board shall consist of:
      1. Seven (7) members who shall be appointed from the general public residing in the Commonwealth of Kentucky by the Governor from nominees submitted by the Governor’s Postsecondary Education Nominating Committee under KRS 164.005 ; and
      2. Eight (8) members of the board of directors of the Kentucky Higher Education Student Loan Corporation appointed by the Governor pursuant to KRS 164A.050(3)(a)1., who shall serve terms of office on the authority board of directors coextensive with their respective terms of office on the Kentucky Higher Education Student Loan Corporation board of directors.
    2. Upon resignation or expiration of the term of an appointed member of the board of the authority or the Kentucky Higher Education Student Loan Corporation, that member’s position shall be abolished to reduce the combined number of appointed members of the boards of the authority and the Kentucky Higher Education Student Loan Corporation to ten (10) members.
    3. In addition, the president of the Council on Postsecondary Education, the president of the Association of Independent Kentucky Colleges and Universities, the State Treasurer, the commissioner of education, and the secretary of the Finance and Administration Cabinet, or their designees who shall be another official of the same cabinet or agency, shall serve as voting ex officio members.
    4. The term of office of appointed members shall be four (4) years. Each member shall serve for the term for which he is appointed and, except as provided in paragraph (b) of this subsection, shall serve until his successor is appointed.
  2. Subject to paragraph (b) of subsection (1) of this section, appointments to fill vacancies on the board shall be made in the same manner as regular appointments. The person appointed shall hold the position for the unexpired portion of the term only.
  3. The board shall elect from its voting membership a chair, chair-elect, and secretary-treasurer who shall each serve for a term of one (1) year. At the conclusion of the chair’s term of office, the chair-elect shall become the chair for the succeeding year and the board shall elect from its voting membership a new chair-elect.
  4. Board members, except officers or employees of the state, shall receive compensation for their services, in the amount of one hundred dollars ($100) per day, and may be reimbursed for actual and necessary expenses incurred in the performance of their duties under KRS 164.740 to 164.785 .
  5. The board shall provide for the holding of regular meetings and special meetings.
    1. A majority of the voting members shall constitute a quorum for the transaction of any business, special meetings shall be called by the chair in accordance with KRS 61.823 , and either the chair or the chair-elect shall be present for the transaction of any business.
    2. In lieu of personal attendance by members of the board of directors at the same location, the board of directors may conduct meetings by teleconference or other available technological means suitable for conducting its business. Meetings of the board shall be open and accessible to the public in accordance with KRS 61.805 to 61.850 , and any alternate method of conducting a meeting in lieu of personal attendance shall ensure public access.
  6. The board shall adopt bylaws and policies governing its internal affairs and the conduct of its business, and shall adopt administrative regulations pursuant to KRS Chapter 13A, not inconsistent with law, in connection with the administration of the authority’s programs and the performance of its functions and duties.
  7. The board may:
    1. Appoint such officers and employees as necessary and may fix their compensation, and shall prescribe their duties notwithstanding personnel limits established by KRS 18A.010 or the biennial budget and its related documents; and
    2. Adopt the provisions of KRS 45A.345 to 45A.460 , pursuant to KRS 45A.343 .

History. Enact. Acts 1966, ch. 93, § 4; 1974, ch. 135, § 3; 1978, ch. 339, § 4, effective June 17, 1978; 1982, ch. 403, § 3, effective July 15, 1982; 1994, ch. 91, § 4, effective April 11, 1994; 1994, ch. 447, § 4, effective April 11, 1994; 1996, ch. 350, § 3, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 120, effective May 30, 1997; 2000, ch. 163, § 11, effective July 14, 2000; 2002, ch. 37, § 5, effective July 15, 2002; 2002, ch. 253, § 1, effective July 15, 2002; 2003, ch. 180, § 9, effective June 24, 2003; 2005, ch. 162, § 1, effective July 1, 2005.

Compiler's Notes.

Section 6 of 1994 Acts, ch. 447 provides that: “The existing boards of the Kentucky Higher Education Assistance Authority and the Kentucky Higher Education Student Loan Corporation shall continue in operation and changes made by Sections 4 and 5 of this Act shall only apply to vacancies and replacements occurring subsequent to the effective date of this Act. Contrary provisions of Section 6 of 1994 Senate Bill 40 (Acts 1994, ch. 91) as they relate to these two specific boards are hereby repealed.”

Opinions of Attorney General.

Chapter 93, of the Kentucky Acts of 1966 is unconstitutional insofar as it attempts to authorize terms of office of eight years for the board of directors of the Kentucky Higher Education Assistance Authority, but the unconstitutional portion is severable from the remainder of the act. OAG 66-447 .

An unpaid city council member who is also employed by the Kentucky Higher Education Assistance Authority as Executive Director, and by virtue of his position as Executive Director of the Kentucky Higher Education Assistance Authority, is also the Executive Director of the Kentucky Higher Education Student Loan Corporation, is holding a municipal office and state employment, concerning which there is no constitutional or statutory objection. OAG 82-282 .

The Kentucky Higher Education Assistance Authority and the Kentucky Higher Education Student Loan Corporation may be hybrid public bodies rather than state agencies. Assuming arguendo that they are state agencies, and as a consequence their governing board members are state officers, the executive director selected by the Kentucky Higher Education Assistance Authority would not appear to qualify as a state officer, but must be considered a state employe within the meaning of Const., § 165 and KRS 61.080 . OAG 82-282 .

Under this section, the board cannot create an office within the meaning of the term as defined in the case law, even if its regulations establishing the position attempt to contain the elements of an office. The legislature cannot delegate to the authority power to create a state office as such and has not in fact attempted to do so. OAG 82-282 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.748. Powers and duties of board.

The board shall have the following powers, functions, and duties:

  1. To provide loan guarantees, upon terms and conditions the board may prescribe within the limitations provided by KRS 164.740 to 164.770 , and the federal act in respect of loans to eligible borrowers. The board may require additional security, including endorsers it deems necessary and desirable and is not in contravention of the federal act. The purpose of the loans shall be to assist individuals in meeting the expense of their education.
  2. To enter into agreements and undertakings with the secretary as may be required and necessary pursuant to the federal act in order to constitute the authority as a state agency qualified and empowered to insure student loans within the meaning of the federal act and to qualify insured student loans for interest payments, reimbursement, reinsurance, and other benefits available under the federal act to the authority.
  3. To issue loan guarantees in respect of loans made to eligible borrowers by participating lenders, including the authority. No loan guarantee shall be issued, executed, and delivered by the authority unless any insured student loan resulting shall be the subject of agreements pursuant to the federal act by which the insured student loan is made the subject of interest payments, reimbursements, reinsurance, and other benefits to the extent provided by the federal act.
  4. To promulgate administrative regulations pursuant to KRS Chapter 13A pertaining to insured student loans, loan guarantees, loans, and work-study payments and the awarding of grants, scholarships, and honorary scholarships, as provided in KRS 164.740 to 164.7891 .
  5. To enter into contracts with eligible lenders, approved by the state to lend moneys, upon terms and conditions agreed upon between the authority and the eligible lender, to provide for the administration of student financial assistance programs, including, but not by way of limitation, the authority’s program of insured student loans.
  6. To enter into contracts with eligible institutions, upon terms and conditions agreed upon between the authority and the eligible institution, to provide for the administration of student financial assistance programs, including, but not by way of limitation, the authority’s program of insured student loans.
  7. To receive funds from any source, public or private, by gift, grant, bequest, loan, or otherwise, either absolutely or in trust, and to expend them, on behalf of the authority and for any of its purposes; and to acquire from any source, public or private, by purchase, lease, gift, bequest, or devise, any property, real, personal, or mixed, absolutely or in trust, and to hold, administer, and dispose of it, on behalf of the authority and for any of its purposes. The authority shall not make its debts payable out of any funds except those of the authority.
  8. To administer federal funds allotted to the state in respect of insured student loans, loan guarantees, loans, work-study, grants, scholarships, administrative costs, and related matters.
  9. To sue and be sued in the name of the authority and to plead and be impleaded, and to purchase, on behalf of members of the board or officers and employees of the authority, liability insurance for individual protection from liability for acts and omissions committed in the course and scope of the individual’s employment or service.
  10. To collect from individual borrowers loans made by the authority and insured student loans on which the authority has been compelled to meet its loan guarantee obligations following the inability of the participating lender involved to collect the insured student loans.
  11. To gather information on all loans, scholarships, honorary scholarships, grants, and work-study opportunities available to Kentucky residents attending or planning to attend an eligible institution and to disseminate the information through the methods of mass communication necessary to ensure that Kentucky residents are aware of financial resources available to those attending or desiring to attend an eligible institution.
  12. To request reports from each eligible institution or eligible lender necessary for the effective performance of its duties and to publish the information it deems necessary.
  13. To approve, disapprove, limit, suspend, or terminate the participation of, or take emergency action to withhold authority funds and insured student loans from eligible institutions or eligible lenders in programs administered by the board, subject to the provisions of the federal act and this chapter.
  14. To perform other acts necessary or appropriate to carry out effectively the purposes of the authority as provided by KRS 164.740 to 164.7891 and KRS 164A.010 to 164A.380 .
  15. If any conflict exists between KRS 164.740 to 164.770 and the federal act, which conflict would result in a loss by the authority of any federal funds, including, but not by way of limitation, federal funds made available to the authority under the federal act, including interest payments and reimbursement for insured student loans in default, to promulgate regulations and policies consistent with the federal act not in derogation of the Constitution and general laws of the Commonwealth.
  16. Except where specifically prohibited by law, to secure data from any other Commonwealth of Kentucky agency or instrumentality or from any other source in furtherance of any purposes of the authority related to any program or function administered by the authority.
  17. To enter into contracts with public or private nonprofit agencies, eligible to hold or insure student loans under the federal act, to provide for the exchange of information, not in contravention of any federal or state law, or the provision of services necessary to the administration of the authority’s insured student loan programs.
  18. To enter into contracts with the Kentucky Higher Education Student Loan Corporation, the Kentucky Educational Savings Plan Trust, and the Commonwealth postsecondary education prepaid tuition trust fund as necessary or appropriate to facilitate their common administration, operation, and management, as required pursuant to KRS Chapter 164A.
  19. To act as the board of directors of the Commonwealth postsecondary education prepaid tuition trust fund under KRS 164A.700 to 164A.709 .
  20. To conduct, in accordance with KRS Chapter 13B, administrative hearings pertaining to any adverse action by the authority affecting participating institutions and lenders, eligible students, and borrowers of loans made by the authority and insured student loans guaranteed by the authority. Wage garnishment hearings and administrative review procedures pertaining to disputes concerning setoff of federal tax refunds shall be exempt under KRS 13B.020 and shall be conducted in accordance with applicable federal law. In an exempt hearing, the board or a hearing officer designated by the board may issue administrative subpoenas for the attendance of witnesses and the production of documents relevant to the issues in dispute. Compliance with the subpoenas shall be enforceable by a court of competent jurisdiction.
  21. To provide upon termination of the retirement plan authorized by Executive Order 75-964 to active and retired employees of the authority who participated in that plan, health insurance premiums and disability insurance benefits as provided to employees who participate in a state-administered retirement system pursuant to KRS 18A.225 to 18A.229 , 61.600 , and 61.702 .
  22. To delegate to the executive director general supervision and direction over the administrative function of the authority and its employees in carrying out the policies, programs, administrative regulations, and directives of the board.

History. Enact. Acts 1966, ch. 93, § 5; 1974, ch. 135, § 4; 1978, ch. 339, § 5, effective June 17, 1978; 1982, ch. 403, § 4, effective July 15, 1982; 1994, ch. 447, § 2, effective April 11, 1994; 1996, ch. 318, § 55, effective July 15, 1996; 2003, ch. 180, § 7, effective June 24, 2003; 2004, ch. 111, § 2, effective July 13, 2004; 2005, ch. 162, § 2, effective July 1, 2005.

Compiler's Notes.

KRS 164.770 referred to in this section was repealed by Acts 1994, ch. 163, § 3.

Opinions of Attorney General.

Subdivisions (7) and (14) of this section authorize the Kentucky Higher Education Assistance Authority to reproduce for sale copies of the software system known as modified financial aid management information system to parties with a legitimate interest in its use and such sale would not violate any statutory or regulatory provisions of any preexisting terms of agreement related to KHEAA’s development and use of the system. OAG 79-631 .

The Kentucky Higher Education Assistance Authority (KHEAA) has obtained valid title to the data processing system known as Modified Financial Aid Management Information System (MFAMIS) and thereby has the right upon proper resolution of the board of directors of KHEAA to exercise full and unrestricted rights of ownership in MFAMIS. OAG 79-631 .

The recovery of development cost and use of the proceeds from the sale of the modified financial aid management information system for any appropriate function of the Kentucky Higher Education Assistance Authority is an appropriate purpose for the sale of the system. OAG 79-631 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.749. Rules and regulations governing loans, loan guarantees, grants, scholarships, and work-study programs. [Repealed.]

Compiler’s Notes.

This section (Acts 1974, ch. 135, § 5; 1976, ch. 215, § 2) was repealed by Acts 1978, ch. 339, § 8, effective June 17, 1978.

164.750. Prescholarships and retroactive scholarships — Standards — Payments — Refunds — Renewals. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 93, § 6) was repealed by Acts 1974, ch. 135, § 8.

164.751. Distinguished Student Recognition and Scholarship Award Program — Selection committee — Award selection criteria.

  1. The Kentucky Higher Education Assistance Authority may expend such funds as appropriated and exercise the powers otherwise granted to administer the Kentucky Distinguished Student Recognition and Scholarship Award Program to reward academic excellence among the state’s talented students by providing financial assistance to encourage attendance at the state’s public universities, nonprofit degree granting colleges, and community colleges. Awards and scholarships shall be offered to students who demonstrate the highest potential for successful college study. Recognition awards shall be awarded only once to an individual and shall come solely from the authority. Scholarships shall be an equal match of funds between the authority and the university and may be offered annually to eligible students.
    1. The Governor shall appoint a nine (9) member selection committee whose members are representative of the geographic regions of the state and have varied university affiliations. Members shall be appointed for a term of four (4) years though the initial appointments may be less than four (4) years to establish staggered terms. The selection committee shall elect a chairman at its first meeting and annually thereafter. The executive director of the authority, or his designee, shall serve as secretary to the committee. The committee shall meet at least semiannually and more often as necessary. Members shall serve without salary but shall be reimbursed for actual and necessary expenses in the same manner as state employees. Members may be reappointed to the committee; (2) (a) The Governor shall appoint a nine (9) member selection committee whose members are representative of the geographic regions of the state and have varied university affiliations. Members shall be appointed for a term of four (4) years though the initial appointments may be less than four (4) years to establish staggered terms. The selection committee shall elect a chairman at its first meeting and annually thereafter. The executive director of the authority, or his designee, shall serve as secretary to the committee. The committee shall meet at least semiannually and more often as necessary. Members shall serve without salary but shall be reimbursed for actual and necessary expenses in the same manner as state employees. Members may be reappointed to the committee;
    2. The authority shall promulgate regulations for the administration of the recognition award and scholarship programs. The regulations shall include but not be limited to the following:
      1. Eligibility requirements which shall include requirements that students must be Kentucky citizens who have declared an intention to attend a participating institution;
      2. Award selection criteria including but not limited to the student’s rank in his class, grade-point average, leadership and service potential, and the submission of a written essay;
      3. Award amounts;
      4. Selection committee, qualifications and duties;
      5. Fund distribution formula;
      6. Application deadlines; and
      7. Administrative procedures.
  2. The applicant pool for the recognition and scholarship awards shall be made up of the following Kentucky students:
    1. High school students who take one (1) of the tests required for admission to the state’s public institutions of higher education in the spring or summer as a junior or in the fall as a senior shall automatically become part of the applicant pool for awards. Students scoring in the ninety-eighth or ninety-ninth percentile on these tests shall receive invitations to submit applications for a recognition award and a scholarship award;
    2. High school students nominated by the principal of an accredited high school which is not represented by a student described in paragraph (a) of this subsection. The nominees shall receive an invitation to apply for the awards; and
    3. High school graduates who have scores in the ninety-eighth or ninety-ninth percentile on prior years’ tests and who have not attended college may apply for the awards.
  3. The authority shall present recognition awards to the highest ranking students in accordance with the award selection criteria. The amount and number of awards shall be determined by the authority and shall depend on the amount of funds available. No more than twenty percent (20%) of the awards shall be awarded to students who choose to attend an independent institution.
  4. The scholarships shall be an equal match between authority funds and institutional funds which may include any form of gift aid except state grant funds.

History. Enact. Acts 1986, ch. 473, § 1, effective July 15, 1986; 2002, ch. 37, § 6, effective July 15, 2002.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.7515. Role of authority with respect to program created by KRS 158.798.

The Kentucky Higher Education Assistance Authority shall promote, support, and assist in the program created in KRS 158.798 by:

  1. Establishing liaison and assisting in the coordination of any college-level scholarship programs established pursuant to KRS 158.798 ;
  2. Educating higher education institutions, college students, and businesses as to the benefits, activities, and methods of participation in this program;
  3. Providing scholarships, grants, loans, recognition, and work study assistance to college students in this program, when available, and pursuant to KRS 164.740 to 164.769 .

History. Enact. Acts 1992, ch. 408, § 4, effective July 14, 1992; 1994, ch. 163, § 2, effective July 15, 1994.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.752. Loan guarantees — Interest — Amount and terms. [Repealed.]

Compiler’s Notes.

This section (Acts 1966, ch. 93, § 7) was repealed by Acts 1974, ch. 135, § 8.

164.753. Rules and regulations governing loans, loan guarantees, scholarships, grants, and work-study programs.

  1. In the instance of loans, the rules and regulations adopted by the board may include, but not be limited to, those which:
    1. Are necessary to qualify the authority as an insured lender under the Higher Education Act of 1965, as amended;
    2. Require that loans be made only to those eligible students who are unable to secure comparable loans from private lenders; and
    3. Are necessary to qualify the authority as a lender under the Public Health Service Act, as amended.
  2. In the instance of insured student loans and loan guarantees, the rules and regulations adopted by the board shall include, but not be limited to, those which are necessary to qualify the authority to insure loans under the federal act, as amended, and following such qualification to issue loan guarantees to participating lenders on any loans advanced by such lenders to eligible students attending or planning to attend any participating institution.
  3. In the instance of scholarships, except scholarships provided pursuant to KRS 164.518 , the rules and regulations adopted by the board shall include, but not be limited to, those which:
    1. Specify ways in which superior academic achievement or ability or special talents will be identified and measured;
    2. Ensure that the amount of scholarship to a student attending or planning to attend a participating institution will not exceed the student’s total cost of attendance, or the maximum scholarship as established by the board, whichever is less;
    3. Restrict scholarships to persons who are classified as resident students under the rules and regulations of the Council on Postsecondary Education;
    4. Ensure that scholarships are awarded only to eligible students who have applied for such federal, state, or institutional student financial assistance programs as the authority may require;
    5. Ensure that scholarships are awarded only to eligible students who are planning to enroll, accepted for enrollment, or are enrolled in a participating institution; and
    6. If eligibility for the scholarship is based on financial need, ensure, by such needs analysis as the authority may require, that the person is in need of the assistance in order to enroll in or complete an eligible program of study as defined by the board.
  4. In the instance of grants, the rules and regulations adopted by the board shall include, but not be limited to, those which:
    1. Ensure that the amount of a grant to a student will not exceed the financial need of the student as determined in accordance with paragraph (e) of this subsection or the maximum grant as established by the board, whichever is less;
    2. Restrict grants to persons who are classified as resident students under the rules and regulations of the Council on Postsecondary Education;
    3. Ensure that grants are awarded only to eligible students who have applied for such federal, state, or institutional student financial assistance programs as the authority may require;
    4. Ensure that grants are awarded only to eligible students who are planning to enroll, accepted for enrollment, or are enrolled in a participating institution; and
    5. Ensure, by such needs analysis as the authority may require, that grants be made only to students who have insufficient financial resources to enroll in or complete an eligible program of study as defined by the board.
  5. Funds appropriated to the financial assistance program established by KRS 164.780 and 164.785 shall be administered by the board in accordance with the provisions of KRS 164.780 and 164.785 .
  6. In the instance of work-study payments, rules and regulations adopted by the board shall include, but not be limited to, those which require that:
    1. The employment opportunity available for the student will not interfere with the student’s normal progress toward a degree, diploma, or certificate;
    2. Contracts to promote increased employment opportunities for eligible students will not result in the displacement of employed workers or impair existing contracts for services; and
    3. The work-study payment will not exceed the financial need of the student or the maximum payment as established by the board, whichever is less.

History. Enact. Acts 1978, ch. 339, § 6, effective June 17, 1978; 1980, ch. 251, § 1, effective July 15, 1980; 1982, ch. 403, § 5, effective July 15, 1982; 1997 (1st Ex. Sess.), ch. 1, § 121, effective May 30, 1997; 2003, ch. 115, § 1, effective June 24, 2003; 2003, ch. 180, § 3, effective June 24, 2003; 2004, ch. 111, § 3, effective July 13, 2004.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.7531. Loan forgiveness programs — Sunset provision.

  1. For purposes of this section, the terms “Best in Class for Teachers,” “Best in Care for Nurses,” and “Best in Law for Public Service Attorneys” mean the loan forgiveness programs established by the Higher Education Assistance Authority under its authority in KRS 164.744(2) and 164.748(7). The term “eligible program participant” means an individual who has an outstanding loan balance on a loan related to these loan forgiveness programs that were issued prior to June 30, 2008.
  2. In the event that there are insufficient funds available from any source that can be used by the Kentucky Higher Education Assistance Authority to provide loan forgiveness for an eligible program participant, the authority shall negotiate an extended repayment schedule upon request by an eligible participant. The negotiated schedule shall be in compliance with federal loan requirements. Notwithstanding any other statute to the contrary, an eligible program participant in this repayment schedule shall not forfeit eligibility for other loans or scholarships that become available.
  3. The Best in Class for Teachers, Best in Care for Nurses, and Best in Law for Public Service Attorneys programs shall end by June 30, 2018. Borrowers with remaining balances shall be advised of federal loan forgiveness and alternative repayment plan options.

History. Enact. Acts 2009, ch. 93, § 2, effective March 24, 2009; 2017 ch. 40, § 1, effective June 29, 2017.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.7534. Endowment trust for student financial assistance benefits — Authority to establish corporation to administer — Annual report.

  1. The board is authorized to incorporate an organization pursuant to KRS Chapter 273 for the eleemosynary, charitable, and educational purposes of administering an endowment trust. The organization so created shall be an instrumentality of the Commonwealth, but shall possess no part of the sovereign powers of the Commonwealth. The corporation shall be created to qualify as a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code.
  2. The endowment trust created pursuant to subsection (1) of this section shall solicit and accept gifts, grants, donations, bequests, or other endowments, including general fund appropriations from the Commonwealth and grants from any federal or other governmental agency, for the purposes of the endowment trust.
  3. The endowment trust shall provide student financial assistance benefits, including but not limited to college access programs administered by the board or grants, scholarships, or loans to pay higher education costs of Kentucky residents who enroll in an institution of higher education in Kentucky.
  4. Any gifts, grants, or donations made by any governmental unit or any person, firm, partnership or corporation to the endowment trust shall be a grant, gift, or donation for the accomplishment of a valid public, eleemosynary, charitable, and educational purpose.
  5. The endowment trust shall submit an annual audited report to the board not later than the fifteenth of each September.

HISTORY: 1992 ch. 190, § 1, effective July 14, 1992; 2015 ch. 94, § 1, effective June 24, 2015.

Compiler's Notes.

This section was formerly codified as KRS 164A.337 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.7535. College access program grants.

Notwithstanding KRS 164.753(4)(d), the Kentucky Higher Education Assistance Authority may award college access program grants pursuant to KRS 164.753(4), to the extent funds are available for the purpose, to financially needy part-time and full-time undergraduate students, including students enrolled in a program of study designated as an equivalent undergraduate program of study by the Council on Postsecondary Education in an administrative regulation. Grants shall be awarded only to students enrolled or accepted for enrollment at participating institutions located within the Commonwealth. Grants under this section shall be awarded only for attendance in a program of study of at least two (2) academic years’ duration. Grants under this section shall be awarded only to students enrolled or accepted for enrollment for attendance in a program of study that leads to a degree, except that grants shall be awarded to students enrolled or accepted for enrollment at publicly operated vocational-technical institutions for attendance in a program of study that leads to a certificate, diploma, or degree or in a comprehensive transition and postsecondary program. For purposes of this section, a student enrolled in a comprehensive transition and postsecondary program shall be considered a part-time student. Awards to recipients attending participating institutions accredited by a regional accrediting association shall not exceed the prevailing amount charged for tuition at publicly-supported community and technical colleges in Kentucky, and awards to recipients attending other participating institutions shall not exceed the prevailing amount charged for tuition at publicly-operated vocational-technical institutions in Kentucky. The provisions of this section shall not limit the authority’s capability to use funds appropriated for this purpose to match federal funds, make grant awards, adopt administrative regulations that conform to the requirements of federal laws and regulations for full participation in federally-funded student financial assistance programs.

History. Enact. Acts 1994, ch. 36, § 1, effective July 15, 1994; 2002, ch. 326, § 1, effective July 15, 2002; 2004, ch. 111, § 4, effective July 13, 2004; 2013, ch. 42, § 2, effective June 25, 2013.

Legislative Research Commission Note.

(7/15/2002). The amendments made to this statute in 2002 Ky. Acts ch. 326, sec. 1, “apply to the 2001-2002 academic year and thereafter. An eligible student under the provisions of this Act for the 2001-2002 academic year shall have until October 1, 2002, to apply for a retroactive award.” 2002 Ky. Acts ch. 326, sec. 3.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.754. Education loan funds — Administration account — Creation.

There are hereby created, but not by way of limitation, for the purpose of carrying out the purposes of KRS 164.740 to 164.764 the following special funds:

  1. A “scholarship fund” to which shall be credited all funds appropriated by the General Assembly to the authority for scholarships, and all funds received from all other sources for such purposes. All general funds appropriated to this account shall become a part of this account, and shall not lapse.
  2. A “loan guarantee fund” account to which shall be credited all funds legally available to the authority and determined by the authority to be applied for the purpose of guaranteeing loans to eligible students together with all funds obtained from all other sources for such purposes. Such fund may be invested as provided by law for the investment of Kentucky Public Employee Retirement System funds and shall be assigned in trust to a corporate trustee for the security of the holders of insured student loans; provided, however, that income derived from investment of such fund shall be returned to the authority for deposit to the “administration” account of the authority.
  3. An “administration” account to which shall be credited all funds appropriated by the General Assembly to the authority for administration and all other funds authorized for administrative costs. The authority may transfer from this account to the loan fund, grant fund or work-study fund any amounts accruing in this account not needed to cover the reasonable and necessary administrative expenses of the authority.
  4. A “loan fund” to which shall be credited all funds appropriated by the General Assembly for loans and all funds received from all other sources for such purposes. All general funds appropriated to this account shall become a part of this revolving account and shall not lapse. These funds may be invested as provided for the investment of Kentucky Public Employee Retirement System funds or transferred to the loan guarantee fund. Interest income and other income from loans or other investments shall be transferred to the “administration” account of the authority.
  5. A “grant fund” to which shall be credited all funds appropriated by the General Assembly for grants and all funds received from all other sources for such purposes.
  6. A “work-study fund” to which shall be credited all funds appropriated by the General Assembly for work-study payments and all funds received from all other sources for such purposes.

History. Enact. Acts 1966, ch. 93, § 8; 1974, ch. 135, § 6; 1976, ch. 215, § 3, effective March 29, 1976; 1978, ch. 339, § 7, effective June 17, 1978; 1982, ch. 403, § 6, effective July 15, 1982.

Opinions of Attorney General.

The Higher Education Assistance Authority may invest any part of the loan guarantee fund not needed at any given moment for the payment of default accounts and insurance of borrowers, subject to the investment limitations on the public employee retirement system funds as set out in KRS 61.650 . OAG 74-227 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.755. Additional educational loans may be authorized by corporation — Eligible borrowers — Administrative rules and regulations — Bonds to finance loans — Maximum annual loan amount. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 403, § 8, effective July 15, 1982) was repealed, reenacted and amended as KRS 164A.240 by Acts 1988, ch. 35, § 1, effective July 15, 1988.

164.756. Nonage not disqualifying for loan guarantee.

Any person otherwise qualifying for an education loan advanced or guaranteed or approved by the authority or a national direct student loan as authorized by the National Defense Education Act of 1958, as amended, or a federally guaranteed student loan as authorized by the Higher Education Act of 1965, as amended, shall not be disqualified by reason of his being under the age of eighteen (18) years; and any such person, for the purpose of applying for, receiving, and repaying such loan, notwithstanding the provisions of existing laws, shall be deemed to have full capacity to act and shall have all the rights, powers, privileges, and obligations of a person of full age with respect thereto.

History. Enact. Acts 1966, ch. 93, § 9; 1974, ch. 135, § 7.

Compiler's Notes.

The National Defense Education Act of 1958, referred to in this section, has been omitted from the United States Code since the programs provided for thereunder have not been funded for a number of years.

The provisions relating to a federally guaranteed student loan authorized by the Higher Education Act of 1965, referred to in this section, are codified as 20 USCS §§ 1071-1098g.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.757. District teacher certification loan fund.

  1. For purposes of this section unless the context requires otherwise:
    1. “Critical shortage area” means an area in which there are insufficient numbers of fully certified staff in a particular subject, school, or geographic location;
    2. “Emergency certified teacher” means an individual who has not completed certification requirements but has been awarded a temporary certificate for a certification area in which no fully qualified teacher was available;
    3. “Qualified teacher” means a teacher who holds the appropriate certification for a position unless the superintendent of the employing local school district has documented evidence that the teacher is unsuitable for appointment;
    4. “Qualified teaching service” means teaching for at least seventy (70) days each semester or the equivalent in the certification area for which an individual received a forgivable loan in the Kentucky school district that recommended the individual for a loan or in another Kentucky private or public school district in the certification area for which an individual received a forgivable loan if no position was available in the recommending school district at the time when the individual completed his or her certification;
    5. “Semester” means a period which usually makes up one-half (1/2) of a school year or one-half (1/2) of a postsecondary institution’s academic year; and
    6. “Summer term” means an academic period consisting of one (1) or more sessions of instruction between a spring and a fall semester at a postsecondary education institution.
  2. To increase the number of qualified teachers in local school districts and to reduce the number of emergency certified teachers, there is hereby created the district teacher certification loan fund in the State Treasury. The loans shall be used to provide forgivable loans to emergency certified personnel, fully certified teachers who are willing to seek additional certification in hard-to-fill or critical shortage areas, and paraprofessionals in local school districts to become fully certified teachers and to continue service within the local district.
  3. The fund shall be administered by the Kentucky Higher Education Assistance Authority. The authority shall promulgate administrative regulations to specify the terms and conditions of the award, cancellation, and repayment of loans, including but not limited to the maximum amount that may be loaned per term and the maximum aggregate amount per applicant, the selection process, eligibility for renewal, the specific administrative procedures for utilizing the funds, and the rate of repayment.
  4. To qualify for a forgivable loan, an applicant shall meet the following requirements:
    1. Be employed by a specific local district as a certified teacher, an emergency full-time or part-time teacher, an emergency substitute teacher, or a paraprofessional at the time he or she makes application for the loan;
    2. Be recommended by the superintendent as an individual that he or she would recommend to be employed in a teaching position for which the applicant is pursuing certification if the applicant fulfills all credentialing requirements;
    3. Be endorsed by the school-based decision making council of the school in which he or she serves to receive a loan for the purposes of obtaining teacher certification in a specific certification area; except that the endorsement shall not be construed as a commitment of securing a position in the particular school in the future;
    4. Be admitted and enrolled as an undergraduate or graduate student in a Kentucky private or public postsecondary institution that offers a teacher certification program in the area for which he or she is seeking certification; and
    5. Be enrolled in a minimum of six (6) credit hours and not more than nine (9) credit hours during each semester of an academic term while employed concurrently in the school district and in not less than six (6) credit hours during the summer term. If a school district recommends an applicant for a loan under provisions of this section and grants a leave of absence to the employee to pursue certification, the employee shall be enrolled as a full-time undergraduate or graduate student as defined by the institution in which he or she is enrolled.
  5. A participant in a local district alternative certification program as defined in KRS 161.048(2) may be eligible for a loan under provisions of this section to offset costs associated with the program. The authority shall establish by administrative regulation the specific requirements, notwithstanding requirements in subsection (4) of this section.
  6. A loan shall not be awarded or a promissory note cancellation shall not be granted to any person who is in default on any obligation to the authority under any program administered pursuant to KRS 164.740 to 164.785 until financial obligations to the authority are satisfied, except that ineligibility for this reason may be waived by the authority for cause.
  7. Recipients shall render one (1) semester of qualified teaching service for each semester or summer term for which a loan was received. Upon completion of each semester of qualified teacher service, the authority shall cancel the appropriate portion of the promissory notes.
  8. If the recipient of a loan fails to complete the certification at a participating institution or fails to render qualified teaching service in any semester following certification, unless the failure is temporarily waived for cause by the authority, the recipient shall immediately become liable to the authority for repayment of the sum of all outstanding promissory notes and accrued interest. Persons liable for repayment of loans under this subsection shall be liable for interest accruing from the dates on which the loans were disbursed.
  9. Failure to meet repayment obligations imposed by this section shall be cause for the revocation of a person’s certification, subject to the procedures set forth in KRS 161.120 .
  10. All moneys repaid to the authority under this section shall be added to the fund in this section. Any fund balance at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year and continuously appropriated for the purposes specified in this section.
  11. The authority may execute appropriate contracts and promissory notes for administering this section.
  12. If available funds are insufficient for all requested loans for eligible applicants during any fiscal year, the authority shall give priority consideration to eligible applicants who previously received loans. If funds are insufficient to make all requested renewal loans to eligible applicants, the authority shall reduce all loans to the extent necessary to provide loans to all qualified renewal applicants. If, after awarding all eligible renewal applicants, funds are not depleted, priority shall be given to loans for those applicants who are seeking certification in critical shortage areas.

History. Enact. Acts 2002, ch. 135, § 3, effective April 2, 2002.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.758. Property of authority tax exempt, contributions to be deductible from income or franchise taxes.

  1. All property and income of the Kentucky Higher Education Assistance Authority shall be exempt from all taxes and assessment of any nature whatsoever.
  2. Notwithstanding the provisions of any general or special law or the provisions of any certificate of incorporation, charter, or other articles of organization, all domestic corporations or associations organized for the purpose of carrying on business in this state and any person or group is hereby authorized to make contributions to the Kentucky Higher Education Assistance Authority, and such contributions shall be allowed as deductions in computing the net taxable income of any such person, corporation, or association for the purposes of any income, franchise, or other tax of any nature whatsoever imposed by the state or any political subdivision thereof.

History. Enact. Acts 1966, ch. 93, § 10.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.760. Supervision by Department of Financial Institutions — Annual audit report.

The authority shall be subject to the supervision and examination of the Department of Financial Institutions (or any successor), but shall not be deemed to be a banking organization nor required to pay a fee for any such supervision or examination. The authority shall file an annual audited financial report with the Governor within ninety (90) days after the close of the fiscal year. The annual audit shall be made by an independent certified public accountant. The annual audited financial report shall include but may not be limited to the financial condition of the authority as of the end of the fiscal year and the revenues and expenditures for the fiscal year. The fiscal year shall be from July 1 through June 30.

History. Enact. Acts 1966, ch. 93, § 11; 2010, ch. 24, § 222, effective July 15, 2010.

Opinions of Attorney General.

Although it is clear that the State Auditor of Public Accounts, pursuant to KRS 43.050 , is to audit, at least annually, the accounts of all state agencies, the General Assembly may authorize and mandate an additional audit, thus the annual audit required in this section is in addition to any audit which may be made by the State Auditor. OAG 75-591 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.762. Duration of authority.

The authority and its corporate existence shall continue until terminated by law upon a finding that there no longer exists any need for such an authority; provided, however, that no such law shall take effect so long as the authority shall have any loan guarantees outstanding. Upon the dissolution of the authority or cessation of activities, all of the property and moneys of such authority shall become the property of the Commonwealth to be used for educational purposes.

History. Enact. Acts 1966, ch. 93, § 12.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.764. Moneys of authority appropriated — Not to lapse.

All moneys and property received by the authority for purposes prescribed in KRS 164.740 to 164.764 are hereby appropriated to the authority for use as prescribed herein. State moneys appropriated that are not spent at the end of the fiscal year shall not lapse.

History. Enact. Acts 1966, ch. 93, § 13.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.766. Authority may provide supplemental loans for students.

The authority is authorized, but not by way of limitation, to enter into such agreements as may be necessary under the federal act to provide programs of supplemental loans for students, parent loans for undergraduate student loans, and consolidation loans in accordance with Section 428A, Section 428B, and Section 428C of the Federal Higher Education Act of 1965, as amended, and this chapter. When necessary to carry out the provisions of the Federal Higher Education Act of 1965 and this chapter, the terms “student,” “student borrower,” and “qualified student” shall include a parent borrower.

History. Enact. Acts 1982, ch. 122, § 1, effective March 26, 1982; 1988, ch. 256, § 2, effective July 15, 1988.

Compiler’s Notes.

The Higher Education Act of 1965, referred to in this section, is primarily codified as 20 USCS § 1001 et seq. Sections 428A, 428B and 428C of the act are codified as 20 USCS §§ 1078-1, 1078-2, and 1078-3, respectively.

164.767. Restrictions on financial aid to persons incarcerated in penal institutions.

  1. No loan guarantee shall be approved, nor any loan, grant, scholarship, recognition award, work-study reimbursement, or other form of financial aid shall be disbursed, under programs authorized by KRS 164.740 to 164.785 , to any student who is an inmate or who is incarcerated in a penal institution unless funds have first been provided to all other eligible students who have applied in accordance with the administrative regulations of the authority.
  2. The Department of Corrections and any person or organization responsible for the supervision or operation of a penal institution shall cooperate with the authority and participating institutions in providing information to them to identify applicants who are inmates at or incarcerated in a penal institution.

History. Enact. Acts 1996, ch. 224, § 1, effective July 15, 1996.

164.768. Legislative intent — Student loans for specified majors. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 412, § 1, effective July 15, 1982; 1985 (1st Ex. Sess.), ch. 10, § 39, effective October 18, 1985; repealed, reenact. and amend. Acts 1988, ch. 34, § 1, effective July 15, 1988) was repealed by Acts 1994, ch. 163, § 3, effective July 15, 1994. For present law see KRS 164.769 .

164.769. Teacher scholarships for eligible persons agreeing to render qualified teaching service in Kentucky — Cancellation or repayment of notes.

  1. It is the intent of the General Assembly to establish a teacher scholarship program to assist highly qualified individuals to become certified Kentucky teachers and render teaching service in Kentucky schools.
  2. For purposes of this section, the terms listed below shall have the following meanings:
    1. “Critical shortage area” means an understaffing of teachers in particular subject matters at the secondary level, in grade levels, or in geographic locations at the elementary and secondary level, as determined by the commissioner of education in consultation with the authority. The commissioner and the authority may use any source considered reliable, including but not limited to local education agencies, to identify the critical shortage areas;
    2. “Dual credit” has the same meaning as in KRS 158.007 ;
    3. “Eligible program of study” means an undergraduate or graduate program of study which is preparatory to teacher certification;
    4. “Expected family contribution” means the amount that a student and his family are expected to contribute toward the cost of the student’s education determined by applying methodology set forth in 20 U.S.C. sec. 1087 kk to 1087 vv;
    5. “Participating institution” means an institution of higher education located in Kentucky which offers an eligible program of study and has in force an agreement with the authority providing for administration of this program;
    6. “Qualified teaching service” means teaching the major portion of each school day for at least seventy (70) days each semester in a public school of the Commonwealth or a private school certified pursuant to KRS 156.160(3), except that an individual having a disability defined by Title II of the Americans with Disabilities Act (42 U.S.C. secs. 12131 et seq.) or serious and extended illness, whose disability or illness, certified by a licensed physician, prevents that individual from teaching a major portion of each school day, shall be deemed to perform qualified teaching service by teaching the maximum time permitted by the attending physician;
    7. “Semester” means a period of about eighteen (18) weeks, which usually makes up one-half (1/2) of a school year or one-half (1/2) of a participating institution’s academic year; and
    8. “Summer term” means an academic period consisting of one (1) or more sessions of instruction between a spring and a fall semester.
  3. The authority may, to the extent of appropriations and other funds available to it pursuant to subsection (9) of this section, award teacher scholarships to persons eligible under subsection (4) of this section, who initially demonstrate financial need in accordance with standards and criteria established by the authority or received teacher scholarships pursuant to this section prior to July 1, 1996. Each teacher scholarship shall be evidenced by a promissory note that requires repayment or cancellation pursuant to subsection (6) of this section.
  4. Kentucky residents who are United States citizens and enrolled or accepted for enrollment in an eligible program of study at a participating institution shall be eligible to apply for and be awarded teacher scholarships. Teacher scholarships shall first be awarded to highly qualified eligible students who meet standards and requirements established by the Education Professional Standards Board pursuant to KRS 161.028 for admission to a teacher education program at a participating institution in pursuit of initial teacher certification.If funds are not depleted after awarding teacher scholarships to students who meet the preceding criteria, then awards shall be made to any otherwise eligible students.
  5. The authority shall establish, by administrative regulation, the maximum amount of scholarship to be awarded for each semester and summer term under this section, and shall prorate the amount awarded to any student enrolled less than full-time in accordance with subsection (6)(a) of this section. The aggregate amount of scholarships awarded to an individual shall not exceed twelve thousand five hundred dollars ($12,500) for undergraduate students and seven thousand five hundred dollars ($7,500) for postbaccalaureate students, except that the aggregate amount of scholarships awarded to an individual who received teacher scholarships pursuant to this section prior to July 1, 1996, including any amount received pursuant to KRS 156.611 , 156.613 , 164.768 , or 164.770 , shall not exceed twenty thousand dollars ($20,000). The amount of each scholarship to be awarded shall not exceed the applicant’s total cost of education minus other financial assistance received or expected to be received by the applicant during the academic period.
    1. The authority shall disburse teacher scholarships to eligible students who agree to render qualified teaching service as certified teachers, and are unconditionally admitted and enrolled in an eligible program of study. (6) (a) The authority shall disburse teacher scholarships to eligible students who agree to render qualified teaching service as certified teachers, and are unconditionally admitted and enrolled in an eligible program of study.
    2. A teacher scholarship shall not be awarded or a promissory note cancellation shall not be granted to any person who is in default on any obligation to the authority under any program administered by the authority pursuant to KRS 164.740 to 164.785 until financial obligations to the authority are satisfied, except that ineligibility for this reason may be waived by the authority for cause.
    3. Recipients shall render one (1) semester of qualified teaching service for each semester or summer term of scholarship received, except that recipients who teach in a critical shortage area designated by the authority or teach dual credit coursework in a certified Kentucky high school shall render one (1) semester of qualified teaching service as repayment for two (2) semesters or summer terms of scholarships received. Upon completion of each semester of qualified teacher service, the authority shall cancel the appropriate number of promissory notes.
    4. If the recipient of a teacher scholarship fails to complete an eligible program of study at a participating institution or fails to render qualified teaching service in any semester following certification or recertification, unless the failure is temporarily waived for cause by the authority, the recipient shall immediately become liable to the authority for repayment of the sum of all outstanding promissory notes and accrued interest. Persons liable for repayment of scholarships under this paragraph shall be liable for interest accruing from the dates on which the teacher scholarships were disbursed.
    5. Recipients who have outstanding loans or scholarships under KRS 156.611 , 156.613 , 164.768 , or 164.770 respectively, and who render qualified teaching service, shall have their notes canceled in accordance with subsection (6)(c) of this section.
    6. The authority shall establish, by administrative regulation, the terms and conditions for the award, cancellation, and repayment of teacher scholarships including, but not limited to, the selection criteria, eligibility for renewal awards, amount of scholarship payments, deferments, the rate of repayment, and the interest rate thereon.
    7. Notwithstanding any other statute to the contrary, the maximum interest rate applicable to repayment of a promissory note under this section shall be twelve percent (12%) per annum, except that if a judgment is rendered to recover payment, the judgment shall bear interest at the rate of five percent (5%) greater than the rate actually charged on the promissory note.
  6. A repayment obligation imposed by this section shall not be voidable by reason of the age of the recipient at the time of receiving the teacher scholarship.
  7. Failure to meet repayment obligations imposed by this section shall be cause for the revocation of a person’s teaching certificate, subject to the procedures set forth in KRS 161.120 .
  8. All moneys repaid to the authority under this section shall be added to the appropriations made for purposes of this section, and the funds and unobligated appropriations shall not lapse.
  9. The authority may execute appropriate contracts and promissory notes for administering this section.
  10. Notwithstanding any other statute to the contrary, if available funds are insufficient for all requested scholarships for eligible applicants during any fiscal year, the authority shall give priority consideration to eligible applicants who previously received teacher scholarships and, until June 30, 2018, to loan forgiveness for teachers who have outstanding loan balance eligibility for Best in Class loans issued prior to June 30, 2008. If funds are insufficient to make all requested renewal scholarships to eligible applicants, the authority shall reduce all scholarship awards to the extent necessary to provide scholarships to all qualified renewal applicants. If, after awarding all eligible renewal applicants, funds are not depleted, initial applications shall be ranked according to regulatory selection criteria, which may include expected family contribution and application date, and awards shall be made to highly qualified applicants until funds are depleted.

HISTORY: Enact. Acts 1994, ch. 163, § 1, effective July 15, 1994; 1996, ch. 125, § 1, effective July 15, 1996; 1998, ch. 111, § 1, effective July 15, 1998; 2003, ch. 115, § 2, effective June 24, 2003; 2009, ch. 93, § 1, effective March 24, 2009; 2017 ch. 40, § 2, effective June 29, 2017.

Compiler's Notes.

KRS 156.611 , 156.613 , 164.768 and 164.770 , referred to in this section, are repealed.

The reference to 20 USCS § 1087vv in subsection (2)(c) above does not exist. The referenced provisions are found as 20 USCS §§ 1087kk to 1087w.

Legislative Research Commission Note.

(6/29/2017). In subsection (5) of this statute, reference is made to a process for awarding a prorated scholarship amount to a student who is enrolled on a less than full-time basis “in accordance with subsection (6)(a) of this section.” However, in 2017 Ky. Acts ch. 40, sec. 2, this statute was amended to delete the language in subsection (6)(a) relating to the prorated disbursement, but the reference to it in subsection (5) was not deleted to conform. The Reviser of Statutes has determined that striking “in accordance with subsection (6)(a) of this section” is beyond the authority given in KRS 7.136(1)(h) to correct manifest clerical or typographical errors, so that language is retained for further legislative action.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.770. Legislative intent — Student loans for teacher education. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1985 (1st Ex. Sess.), ch. 10, § 4, effective October 18, 1985; repealed and reenact. Acts 1988, ch. 34, § 2, effective July 15, 1988) was repealed by Acts 1994, ch. 163, § 3, effective July 15, 1994. For present law see KRS 164.769 .

164.772. Default in repayment obligation under financial assistance program — Professional licensing and certification — Notification. [Repealed]

History. Enact. Acts 2002, ch. 236, § 1, effective July 15, 2002; repealed by 2019 ch. 6, § 5, effective June 27, 2019.

164.774. Kentucky Lottery Corporation to receive list of persons in default of obligations under financial assistance programs — Withholding of prize winnings.

The Kentucky Lottery Corporation and the authority shall develop a system to allow the Kentucky Lottery Corporation to receive on a periodic basis a list of persons declared in default of repayment obligations under financial assistance programs in KRS Chapters 164 and 164A. The Kentucky Lottery Corporation shall withhold from a person’s prize winnings the amount of the defaulted loan and shall transfer the amount to the authority to credit the account of the person in default. Any amount remaining after the deduction of the loan amount shall be paid to the person.

History. Enact. Acts 2002, ch. 236, § 2, effective July 15, 2002.

164.780. Financial assistance to students attending private institutions.

  1. As a result of the rising school population and the continuously rising cost of providing for the higher education of young people, there exists in the Commonwealth of Kentucky an urgent need to use all available educational resources wisely;
  2. Within the Commonwealth, there exist accredited independent colleges and universities whose facilities are available for use in the public interest by providing additional space for students;
  3. In the Commonwealth there are qualified residents who are willing to bear the major costs of their education by attending an independent college or university;
  4. It intends to offer to qualified Kentucky residents who bear the major cost of attending accredited independent colleges and universities within the Commonwealth a tuition or fees grant as supplementary aid to students where need exists.

History. Enact. Acts 1972, ch. 114, § 1.

164.785. Qualifications for state assistance — Calculation — Adjustment for scholarship.

  1. The State of Kentucky shall grant an amount as provided in KRS 164.780 and this section to any applicant who meets the following qualifications:
    1. Is a Kentucky resident as defined by the Kentucky Council on Postsecondary Education; and
      1. Has been accepted by or is enrolled as a full-time student in a program of study leading to a postsecondary degree at a Kentucky independent college or university which is accredited by a regional accrediting association recognized by the United States Department of Education and whose institutional programs are not composed solely of sectarian instruction; (b) 1. Has been accepted by or is enrolled as a full-time student in a program of study leading to a postsecondary degree at a Kentucky independent college or university which is accredited by a regional accrediting association recognized by the United States Department of Education and whose institutional programs are not composed solely of sectarian instruction;
      2. Has been accepted by or is enrolled as a full-time student in a program of study leading to a postsecondary degree at an out-of-state postsecondary education institution licensed by the Council on Postsecondary Education to operate in Kentucky which is accredited by a regional accrediting association recognized by the United States Department of Education and whose institutional programs are not composed solely of sectarian instruction; or
      3. Has been accepted or is enrolled as a student in a comprehensive transition and postsecondary program at an institution described in subparagraph 1. of this paragraph. For purposes of this section, a student enrolled in a comprehensive transition and postsecondary program shall be considered a part-time student, and the grant amount shall be adjusted accordingly by the Kentucky Higher Education Assistance Authority.
    2. Has not previously attended college or university more than the maximum number of academic terms established by the authority in administrative regulations.
  2. The amount of the tuition grant to be paid to a student each semester, or appropriate academic term, shall be determined by the Kentucky Higher Education Assistance Authority.
  3. The maximum amount shall not exceed fifty percent (50%) of the average state appropriation per full-time equivalent student enrolled in all public institutions of higher education. Such tuition grants are to be calculated annually by the Kentucky Higher Education Assistance Authority.
  4. The need of each applicant shall be determined by acceptable need analysis such as use of the free application for federal student aid in conjunction with Part E of the federal act, 20 U.S.C. secs. 1087 kk through 1087vv, and such other analyses as the authority may determine, subject to the approval by the United States Secretary of Education.
  5. An adjustment shall be made in the tuition grant of any student awarded a scholarship from any other source provided the combination of grants and awards exceeds the calculated need of the student.
  6. Accepted or enrolled students qualifying under the provisions of subsection (1)(b) of this section prior to the 2011-2012 academic year shall be under those provisions and continue under those provisions until June 30, 2014.
  7. Beginning with the 2011-2012 academic year, and each year thereafter:
    1. Any Kentucky independent college or university whose institutional programs are not composed solely of sectarian instruction shall be accredited by the Southern Association of Colleges and Schools to remain an eligible institution in which a student may enroll and receive a Kentucky tuition grant;
    2. Programs or campuses of any out-of-state postsecondary education institution that is licensed by the Council on Postsecondary Education to operate in Kentucky and whose institutional programs are not composed solely of sectarian instruction shall be accredited by the Southern Association of Colleges and Schools in order to qualify as an eligible institution in which a student may enroll and receive a Kentucky tuition grant, except as provided in paragraph (c) of this subsection; and
    3. Programs or campuses of any out-of-state postsecondary education institution that is licensed by the Council on Postsecondary Education to operate in Kentucky and whose institutional programs are not composed solely of sectarian instruction, but in which accreditation by the Southern Association of Colleges and Schools is not an option, shall be reviewed and approved by the Council on Postsecondary Education based on accreditation criteria that mirrors Southern Association of Colleges and Schools accreditation criteria in order to qualify as an eligible institution in which a student may enroll and receive a Kentucky tuition grant. All costs associated with the institutional reviews shall be the responsibility of the institution seeking approval by the council. The Council on Postsecondary Education shall promulgate administrative regulations in accordance with KRS Chapter 13A to carry out the provisions of this paragraph.

An otherwise eligible student having a disability defined by Title II of the Americans with Disabilities Act (42 U.S.C. secs. 12131 et seq.), certified by a licensed physician to be unable to attend the eligible program of study full-time because of the disability may also qualify under this paragraph; and

History. Enact. Acts 1972, ch. 114, § 2; 1976, ch. 215, § 4, effective March 29, 1976; 1978, ch. 155, § 104, effective June 17, 1978; 1982, ch. 403, § 7, effective July 15, 1982; 1997 (1st Ex. Sess.), ch. 1, § 122, effective May 30, 1997; 1998, ch. 317, § 1, effective July 15, 1998; 2003, ch. 115, § 3, effective June 24, 2003; 2003, ch. 180, § 2, effective June 24, 2003; 2004, ch. 111, § 5, effective July 13, 2004; 2008, ch. 86, § 1, effective July 15, 2008; 2013, ch. 42, § 3, effective June 25, 2013.

Compiler’s Notes.

The reference to 20 USCS § 1087vv in subsection (4) above does not exist. The referenced provisions are found as 20 USCS §§ 1087kk to 1087w.

164.786. Dual Credit Scholarship Program.

  1. For purposes of this section:
    1. “Academic term” means the fall or spring academic semester;
    2. “Academic year” means July 1 through June 30 of each year;
    3. “Approved dual credit course” means a dual credit course developed in accordance with KRS 164.098 and shall include general education courses and career and technical education courses within a career pathway approved by the Kentucky Department of Education that leads to an industry-recognized credential;
    4. “Authority” means the Kentucky Higher Education Assistance Authority;
    5. “Dual credit” has the same meaning as in KRS 158.007 ;
    6. “Dual credit tuition rate ceiling” means one-third (1/3) of the per credit hour tuition amount charged by the Kentucky Community and Technical College System for in-state students;
    7. “Eligible high school student” means a student who:
      1. Is a Kentucky resident;
      2. Is enrolled in a Kentucky high school as a senior or junior;
      3. Has completed a thirty (30) minute college success counseling session; and
      4. Is enrolled, or accepted for enrollment, in an approved dual credit course at a participating institution;
    8. “Participating institution” means a postsecondary institution that:
      1. Has an agreement with the authority for the administration of the Dual Credit Scholarship Program;
      2. Charges no more than the dual credit tuition rate ceiling per credit hour, including any additional fees, for any dual credit course it offers to any Kentucky public or nonpublic high school student;
      3. Does not charge any tuition or fees to an eligible high school student for an approved dual credit course beyond what is paid by the Dual Credit Scholarship Program when the course is not successfully completed; and
      4. Is a:
        1. Kentucky Community and Technical College System institution;
        2. Four (4) year Kentucky public college or university; or
        3. Four (4) year private college or university that is accredited by the Southern Association of Colleges and Schools and whose main campus is located in Kentucky; and
    9. “Successfully completed” means a student receiving both secondary and postsecondary credit upon completion of an approved dual credit course.
  2. To promote dual credit coursework opportunities at no cost to eligible Kentucky high school students, the General Assembly hereby establishes the Dual Credit Scholarship Program.
  3. In consultation with the Education and Workforce Development Cabinet, the authority shall administer the Dual Credit Scholarship Program and shall promulgate administrative regulations in accordance with KRS Chapter 13A as may be needed for the administration of the program.
    1. Each high school shall apply to the authority for dual credit scholarship funds for each eligible high school student. (4) (a) Each high school shall apply to the authority for dual credit scholarship funds for each eligible high school student.
    2. The authority may award a dual credit scholarship to an eligible high school student for an academic term to the extent funds are available for that purpose, except that a scholarship shall be awarded to an eligible high school senior prior to awarding an eligible high school junior.
    3. An eligible high school student may receive a dual credit scholarship for a maximum of two (2) successfully completed dual credit courses.
    4. The dual credit scholarship award amount shall be equal to the amount charged by a participating institution, not to exceed the dual credit tuition rate ceiling for each dual credit hour, except the scholarship amount shall be reduced by fifty percent (50%) if the dual credit course is not successfully completed by the student.
    5. Dual credit scholarship funds shall not be used for remedial or developmental coursework.
  4. Each participating institution shall submit information each academic term to the authority required for the administration of the scholarship as determined by the authority.
  5. Beginning August 1, 2017, and each year thereafter, the authority shall provide a report to the secretary of the Education and Workforce Development Cabinet, the president of the Council on Postsecondary Education, and the commissioner of the Kentucky Department of Education to include:
    1. The number of students, by local school district and in total, served by the Dual Credit Scholarship Program; and
    2. The number of dual credits earned by students by high school and in total.
  6. By May 31, 2019, and each year thereafter, the Kentucky Center for Education and Workforce Statistics, in collaboration with the authority, shall publish data on the Dual Credit Scholarship Program’s academic and workforce outcomes. The center shall annually provide a report on the data to the Interim Joint Committee on Education.
    1. The Dual Credit Scholarship Program trust fund is hereby created as a trust fund in the State Treasury to be administered by the Kentucky Higher Education Assistance Authority for the purpose of providing scholarships described in this section. (8) (a) The Dual Credit Scholarship Program trust fund is hereby created as a trust fund in the State Treasury to be administered by the Kentucky Higher Education Assistance Authority for the purpose of providing scholarships described in this section.
    2. The trust fund shall consist of state general fund appropriations, gifts and grants from public and private sources, and federal funds. All moneys included in the fund shall be appropriated for the purposes set forth in this section.
    3. Any unalloted or unencumbered balances in the trust fund shall be invested as provided in KRS 42.500(9). Income earned from the investments shall be credited to the trust fund.
    4. Notwithstanding KRS 45.229 , any fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year and continuously appropriated only for the purposes specified in this section.

HISTORY: 2017 ch. 165, § 1, effective April 10, 2017.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (6) at 895.

164.787. Work Ready Kentucky Scholarship Program — Eligibility requirements for high school and workforce students — Scholarship amount — Annual report — Trust fund.

  1. The General Assembly hereby establishes the Work Ready Kentucky Scholarship Program to ensure that all Kentuckians who have not yet earned a postsecondary degree have affordable access to an industry-recognized certificate, diploma, or associate of applied science degree.
  2. For purposes of this section:
    1. “Academic term” means a fall, spring, or summer academic term or other time period specified in an administrative regulation promulgated by the authority;
    2. “Academic year” means July 1 through June 30 of each year;
    3. “Approved dual credit course” means a dual credit course developed in accordance with KRS 164.098 that is a career and technical education course within a career pathway approved by the Kentucky Department of Education that leads to an industry-recognized credential;
    4. “Dual credit tuition rate ceiling” means the same as defined in 164.786 ;
    5. “Eligible institution” means an institution defined in KRS 164.001 that:
      1. Actively participates in the federal Pell Grant program;
      2. Executes a contract with the authority on terms the authority deems necessary or appropriate for the administration of its programs;
      3. Charges no more than the dual credit tuition rate ceiling per credit hour, including any additional fees, for any dual credit course it offers to any Kentucky public or nonpublic high school student; and
      4. Is a:
        1. Kentucky Community and Technical College System institution;
        2. Kentucky public university; or
        3. College, university, or vocational-technical school that is accredited by a recognized regional or national accrediting body and licensed to operate at a site in Kentucky;
    6. “Eligible program of study” means a program approved by the authority that leads to an industry-recognized certificate, diploma, or associate of applied science degree in one (1) of Kentucky’s top five (5) high-demand workforce sectors identified by the Kentucky Workforce Innovation Board and the Education and Workforce Development Cabinet;
    7. “Fees” means mandatory fees charged by an eligible institution for enrollment in a course, including but not limited to online course fees, lab fees, and administrative fees. “Fees” does not include tools, books, or other instructional materials that may be required for a course; and
    8. “Tuition” means the in-state tuition charged to all students as a condition of enrollment in an eligible institution.
  3. In consultation with the Education and Workforce Development Cabinet, the Kentucky Department of Education, and the Council on Postsecondary Education, the Kentucky Higher Education Assistance Authority shall administer the Work Ready Kentucky Scholarship Program and promulgate administrative regulations in accordance with KRS Chapter 13A as may be needed for the administration of the scholarship.
  4. An eligible high school student shall:
    1. Be a Kentucky resident;
    2. Be enrolled in a Kentucky high school;
    3. Be enrolled, or accepted for enrollment, in an approved dual credit course at an eligible institution; and
    4. Complete and submit a Work Ready Kentucky Scholarship dual credit application to the authority.
  5. An eligible workforce student shall:
    1. Be a citizen or permanent resident of the United States;
    2. Be a Kentucky resident as determined by the eligible institution in accordance with criteria established by the Council on Postsecondary Education for the purposes of admission and tuition assessment;
    3. Have earned a high school diploma or a High School Equivalency Diploma or be enrolled in a High School Equivalency Diploma program;
    4. Not have earned an associate’s degree or higher level postsecondary degree;
    5. Complete the Free Application for Federal Student Aid for the academic year in which the scholarship is awarded;
    6. Complete and submit a Work Ready Kentucky Scholarship application to the authority;
    7. Enroll in an eligible program of study at an eligible institution;
    8. Not be enrolled in an ineligible degree program, such as a bachelor or unapproved associate program, at any postsecondary institution;
    9. Following the first academic term scholarship funds are received, achieve and maintain satisfactory academic progress as determined by the eligible institution; and
    10. Not be in default on any program under Title IV of the federal act or any obligation to the authority under any program administered by the authority under KRS 164.740 to 164.7891 or 164.7894 , except that ineligibility for this reason may be waived by the authority for cause.
    1. Beginning with the 2019-2020 academic year, the authority shall award a Work Ready Kentucky Scholarship each academic term to any person who meets the requirements of this section to the extent funds are available for that purpose. (6) (a) Beginning with the 2019-2020 academic year, the authority shall award a Work Ready Kentucky Scholarship each academic term to any person who meets the requirements of this section to the extent funds are available for that purpose.
    2. The scholarship amount awarded to an eligible workforce student for an academic term shall be the amount remaining after subtracting the student’s federal and state grants and scholarships from the maximum scholarship amount. The maximum scholarship amount shall be the per credit hour in-state tuition rate at the Kentucky Community and Technical College System multiplied by the number of credit hours in which the student is enrolled and the fees charged to the student. The authority shall promulgate an administrative regulation in accordance with KRS Chapter 13A to specify the maximum amount to be awarded for fees, except that for the 2019-2020 academic year the amount awarded for fees shall not exceed four hundred dollars ($400).
    3. The scholarship award for an eligible high school student shall be limited to two (2) approved dual credit courses per academic year. The scholarship amount awarded shall be equal to the amount charged by an eligible institution for an approved dual credit course, in accordance with subsection (2)(e)3. of this section.
  6. An eligible workforce student’s eligibility for the scholarship shall terminate upon the earlier of:
    1. Receiving the scholarship for four (4) academic terms;
    2. Receiving the scholarship for a total of sixty (60) credit hours; or
    3. Obtaining an associate’s degree.
  7. The authority shall annually provide a report on the Work Ready Kentucky Scholarship Program, prepared in collaboration with the Office for Education and Workforce Statistics, to the secretary of the Education and Workforce Development Cabinet that includes, by academic term, academic year, institution, and workforce sector, the number of:
    1. Students served by the scholarship and the total amount disbursed; and
    2. Credits, certificates, diplomas, and associate of applied science degrees earned by students receiving the scholarship.
  8. The authority shall report Work Ready Kentucky Scholarship program data to the Office for Education and Workforce Statistics for analysis of the program’s success in meeting the goal of increasing skilled workforce participation rates.
    1. The Work Ready Kentucky Scholarship fund is hereby created as a trust fund in the State Treasury to be administered by the authority for the purpose of providing scholarships as described in this section. (10) (a) The Work Ready Kentucky Scholarship fund is hereby created as a trust fund in the State Treasury to be administered by the authority for the purpose of providing scholarships as described in this section.
    2. The trust fund shall consist of state general fund appropriations, gifts and grants from public and private sources, and federal funds. All moneys included in the fund shall be appropriated for the purposes set forth in this section.
    3. Any unallotted or unencumbered balances in the trust fund shall be invested as provided in KRS 42.500(9). Income earned from the investments shall be credited to the trust fund.
    4. Notwithstanding KRS 45.229 , any fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year and continuously appropriated only for the purposes specified in this section.

HISTORY: 2019 ch. 102, § 1, effective June 27, 2019.

Legislative Research Commission Notes.

(6/27/2019). Under the authority of KRS 7.136(1), the Reviser of Statutes has changed the internal format of subsection (8) of this statute to correct a manifest clerical or typographical error.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (5) at 895.

164.7870. Optometry Scholarship Program.

  1. The General Assembly hereby establishes the Optometry Scholarship Program to provide eligible Kentucky students the opportunity to attend an accredited school of optometry to become certified practitioners rendering medical service in the Commonwealth.
  2. For purposes of this section:
    1. “Authority” means the Kentucky Higher Education Assistance Authority;
    2. “Eligible institution” means an accredited school of optometry that:
      1. Is the Kentucky College of Optometry; or
        1. Has a main campus outside the Commonwealth; and 2. a. Has a main campus outside the Commonwealth; and
        2. Executes an agreement with the authority on terms the authority deems necessary or appropriate for administration of the program;
    3. “Eligible program of study” means a program accredited by the Accreditation Council on Optometric Education that leads to a Doctor of Optometry degree;
    4. “Eligible student” means any person who:
      1. Is a United States citizen;
      2. Is a Kentucky resident as determined by the institution in accordance with criteria established by the Council on Postsecondary Education for the purposes of admission and tuition assessment;
      3. Is enrolled or accepted for enrollment at an eligible institution in an eligible program of study on a full-time basis;
      4. Completes and submits an optometry scholarship application to the authority; and
      5. Is not in default on any program under Title IV of the federal act or any obligation to the authority under any program administered by the authority under KRS 164.740 to 164.785 or 164.7894 , except that ineligibility for this reason may be waived by the authority for cause; and
    5. “Optometry Scholarship Committee” means a group of individuals selected in accordance with regulations promulgated by the authority whose membership shall be composed of:
      1. A representative from the Kentucky Optometric Association;
      2. A representative from the Kentucky College of Optometry;
      3. Two (2) at-large members with optometric education experience; and
      4. One (1) representative from an eligible institution located outside the Commonwealth.
  3. The authority shall administer the Optometry Scholarship Program and shall promulgate administrative regulations in accordance with KRS Chapter 13A as may be needed for the administration of the program.
  4. Beginning with the 2021-2022 academic year, the authority may award an optometry scholarship under this section, to the extent funds are available for that purpose, to any eligible student who is selected by the Optometry Scholarship Committee to be a recipient.
  5. A minimum of one-third (1/3) of the amount appropriated for scholarships under this section shall be awarded to eligible students attending an eligible institution located in the Commonwealth.
  6. Should funds be insufficient to award all eligible students, those previously receiving tuition assistance through the optometry contract spaces program administered by the Council on Postsecondary Education shall receive priority until such time they complete or withdraw from an eligible program of study or have received assistance for four (4) years of study.
  7. The authority shall provide an annual report on the Optometry Scholarship Program to the General Assembly that includes the:
    1. Number of students served by the scholarship, the total amount disbursed, and distribution by institution;
    2. Number of recipients completing an eligible program and the number practicing in Kentucky following program completion; and
    3. Geographic distribution and occupational demand of optometrists in the state.
    1. The Optometry Scholarship Program fund is hereby created as a trust fund in the State Treasury to be administered by the authority for the purpose of providing scholarships described in this section. (8) (a) The Optometry Scholarship Program fund is hereby created as a trust fund in the State Treasury to be administered by the authority for the purpose of providing scholarships described in this section.
    2. The trust fund shall consist of state general fund appropriations, gifts and grants from public and private sources, and federal funds. All moneys included in the fund shall be appropriated for the purposes set forth in this section.
    3. Any unalloted or unencumbered balances in the trust fund shall be invested as provided in KRS 42.500(9). Income earned from the investments shall be credited to the trust fund.
    4. Notwithstanding KRS 45.229 , any fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year and continuously appropriated only for the purposes specified in this section.

HISTORY: 2020 ch. 58, § 1, effective July 15, 2020.

164.7871. Legislative declaration.

  1. The General Assembly of the Commonwealth of Kentucky hereby declares that the best interest of the Commonwealth mandates that financial assistance be provided to ensure access of Kentucky citizens to public and private postsecondary education at the postsecondary educational institutions of the Commonwealth.
  2. It is the intent and purpose of the General Assembly that the enactment of KRS 164.7871 to 164.7885 shall be construed as a long-term financial commitment to postsecondary education and that the funding provided by KRS 154A.130(3) and (4) shall not be diverted from the purposes described in KRS 164.7871 to 164.7885 and KRS 164.7889 .

History. Enact. Acts 1998, ch. 575, § 1, effective July 15, 1998.

164.7874. Definitions for KRS 164.7871 to 164.7885.

As used in KRS 164.7871 to 164.7885 :

  1. “Academic term” means a semester or other time period specified in an administrative regulation promulgated by the authority;
  2. “Academic year” means a period consisting of at least the minimum school term, as defined in KRS 158.070 ;
  3. “ACT score” means the composite score achieved on the American College Test at a national test site on a national test date or the college admissions examination administered statewide under KRS 158.6453(5)(b)5. if the exam is the ACT, or an equivalent score, as determined by the authority, on the SAT administered by the College Board, Inc.;
  4. “Authority” means the Kentucky Higher Education Assistance Authority;
  5. “Award period” means the fall and spring consecutive academic terms within one (1) academic year;
  6. “Council” means the Council on Postsecondary Education created under KRS 164.011 ;
  7. “Eligible high school student” means any person who:
    1. Is a citizen, national, or permanent resident of the United States and Kentucky resident;
    2. Was enrolled after July 1, 1998:
      1. In a Kentucky high school for at least one hundred forty (140) days of the minimum school term unless exempted by the authority’s executive director upon documentation of extreme hardship, while meeting the KEES curriculum requirements, and was enrolled in a Kentucky high school at the end of the academic year;
      2. In a Kentucky high school for the fall academic term of the senior year and who:
        1. Was enrolled during the entire academic term;
        2. Completed the high school’s graduation requirements during the fall academic term; and
        3. Was not enrolled in a secondary school during any other academic term of that academic year; or
      3. In the Gatton Academy of Mathematics and Science in Kentucky, the Craft Academy for Excellence in Science and Mathematics, or in high school at a model and practice school under KRS 164.380 while meeting the Kentucky educational excellence scholarship curriculum requirements;
    3. Has a grade point average of 2.5 or above at the end of any academic year beginning after July 1, 1998, or at the end of the fall academic term for a student eligible under paragraph (b) 2. of this subsection; and
    4. Is not a convicted felon;
  8. “Eligible postsecondary student” means a citizen, national, or permanent resident of the United States and Kentucky resident, as determined by the participating institution in accordance with criteria established by the council for the purposes of admission and tuition assessment, who:
    1. Earned a KEES award;
    2. Has the required postsecondary GPA and credit hours required under KRS 164.7881 ;
    3. Has remaining semesters of eligibility under KRS 164.7881 ;
    4. Is enrolled in a participating institution as a part-time or full-time student; and
    5. Is not a convicted felon;
  9. “Full-time student” means a student enrolled in a postsecondary program of study that meets the full-time student requirements of the participating institution in which the student is enrolled;
  10. “Grade point average” or “GPA” means the grade point average earned by an eligible student and reported by the high school or participating institution in which the student was enrolled based on a scale of 4.0 or its equivalent if the high school or participating institution that the student attends does not use the 4.0 grade scale;
  11. “High school” means any Kentucky public high school, the Gatton Academy of Mathematics and Science in Kentucky, the Craft Academy for Excellence in Science and Mathematics, a high school of a model and practice school under KRS 164.380 , and any private, parochial, or church school located in Kentucky that has been certified by the Kentucky Board of Education as voluntarily complying with curriculum, certification, and textbook standards established by the Kentucky Board of Education under KRS 156.160 ;
  12. “KEES” or “Kentucky educational excellence scholarship” means a scholarship provided under KRS 164.7871 to 164.7885 ;
  13. “KEES award” means:
    1. For an eligible high school student, the sum of the KEES base amount for each academic year of high school plus any KEES supplemental amount, as adjusted pursuant to KRS 164.7881 ; and
    2. For a student eligible under KRS 164.7879(3)(e), the KEES supplemental amount as adjusted pursuant to KRS 164.7881 ;
  14. “KEES award maximum” means the sum of the KEES base amount earned in each academic year of high school plus any KEES supplemental amount earned;
  15. “KEES base amount” or “base amount” means the amount earned by an eligible high school student based on the student’s GPA pursuant to KRS 164.7879 ;
  16. “KEES curriculum” means five (5) courses of study, except for students who meet the criteria of subsection (7)(b)2. of this section, in an academic year as determined in accordance with an administrative regulation promulgated by the authority;
  17. “KEES supplemental amount” means the amount earned by an eligible student based on the student’s ACT score pursuant to KRS 164.7879 ;
  18. “KEES trust fund” means the Wallace G. Wilkinson Kentucky educational excellence scholarship trust fund;
  19. “On track to graduate” means the number of cumulative credit hours earned as compared to the number of hours determined by the postsecondary education institution as necessary to complete a bachelor’s degree by the end of eight (8) academic terms or ten (10) academic terms if a student is enrolled in an undergraduate program that requires five (5) years of study;
  20. “Participating institution” means an “institution” as defined in KRS 164.001 that is eligible to participate in the federal Pell Grant program, executes a contract with the authority on terms the authority deems necessary or appropriate for the administration of its programs, and:
      1. Is publicly operated; (a) 1. Is publicly operated;
      2. Is licensed by the Commonwealth of Kentucky and has operated for at least ten (10) years, offers an associate or baccalaureate degree program of study not comprised solely of sectarian instruction, and admits as regular students only high school graduates, recipients of a High School Equivalency Diploma, or students transferring from another accredited degree granting institution; or
      3. Is designated by the authority as an approved out-of-state institution that offers a degree program in a field of study that is not offered at any institution in the Commonwealth; and
    1. Continues to commit financial resources to student financial assistance programs; and
  21. “Part-time student” means a student enrolled in a postsecondary program of study who does not meet the full-time student requirements of the participating institution in which the student is enrolled and who is enrolled for at least six (6) credit hours, or the equivalent for an institution that does not use credit hours.

History. Enact. Acts 1998, ch. 575, § 2, effective July 15, 1998; 2000, ch. 13, § 1, effective July 14, 2000; 2000, ch. 198, § 1, effective July 14, 2000; 2000, ch. 382, § 11, effective July 14, 2000; 2002, ch. 51, § 1, effective July 15, 2002; 2003, ch. 115, § 4, effective June 24, 2003; 2003, ch. 180, § 8, effective June 24, 2003; 2005, ch. 117, § 1, effective June 20, 2005; 2008, ch. 134, § 22, effective July 15, 2008; 2008, ch. 137, § 1, effective July 15, 2008; 2009, ch. 101, § 14, effective March 25, 2009; 2015 ch. 15, § 3, effective June 24, 2015; 2015 ch. 112, § 3, effective April 2, 2015; 2016 ch. 136, § 8, effective July 15, 2016; 2019 ch. 186, § 1, effective June 27, 2019; 2020 ch. 66, § 2, effective July 15, 2020.

Legislative Research Commission Notes.

(3/25/2009). In subsection (3) of this statute, a reference to “KRS 158.6453 (12)(a)3.” has been changed to read “KRS 158.6453 (11)(a)3.” When Section 2 of 2009 Ky. Acts ch. 101[KRS 158.6453] was renumbered, the reference to subsection (12) of KRS 158.6453 in subsection (3) of this statute was not changed. The Reviser of Statutes has made a conforming change under the authority of KRS 7.136 .

(7/15/2008). A reference to “KRS 164.7879(3)(c)” in subsection (13)(b) of this statute has been changed in codification to “KRS 164.7879(3)(d)” by the Reviser of Statutes under the authority of KRS 7.136(1) to reflect the insertion of a new paragraph in KRS 164.7879(3) and change the designation of succeeding paragraphs in 2008 Ky. Acts ch. 134, sec. 23.

(7/14/2000). This section was amended by 2000 Ky. Acts chs. 13, 198, and 382. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 198, which was last enacted by the General Assembly, prevails under KRS 446.250 .

164.7877. Kentucky educational excellence scholarship trust fund — Funding sources, including lottery revenues.

  1. There is established in the State Treasury a permanent and perpetual fund to be known as the “Wallace G. Wilkinson Kentucky Educational Excellence Scholarship Trust Fund” to which shall be credited net lottery revenues transferred in accordance with KRS 154A.130 ; gifts; bequests; endowments; grants from the United States government, its agencies, and instrumentalities; and funds received from any other sources, public or private.
  2. The moneys in the fund are hereby continuously appropriated only for the purposes set forth in KRS 164.7871 to 164.7885 and KRS 164.7889 .
  3. The authority shall administer the Kentucky educational excellence scholarship trust fund.

History. Enact. Acts 1998, ch. 575, § 3, effective July 15, 1998; 2000, ch. 13, § 2, effective July 14, 2000; 2000, ch. 198, § 2, effective July 14, 2000; 2005, ch. 117, § 2, effective June 20, 2005.

164.7879. Calculation of educational excellence scholarship awards — Inclusion of certain out-of-state educational experience in grade point average calculation — Graduation after three years — Supplemental award eligibility and calculation of amounts.

  1. Kentucky educational excellence scholarship awards shall be based upon an established base scholarship amount and an eligible high school student’s grade point average. The base scholarship amount for students attaining a grade point average of at least 2.5 for the 1998-1999 academic year shall be as follows:
    1. The authority shall commit to provide to each eligible high school student the base amount of the Kentucky educational excellence scholarship for each academic year of high school study in the Kentucky educational excellence scholarship curriculum that the high school student has attained at least a 2.5 grade point average. The award shall be based upon the eligible high school student’s grade point average at the close of each academic year. An award attributable to a past academic year shall not be increased after the award has been earned by an eligible high school student, regardless of any subsequent increases made to the base amount of the Kentucky educational excellence scholarship through the promulgation of an administrative regulation by the authority. (2) (a) The authority shall commit to provide to each eligible high school student the base amount of the Kentucky educational excellence scholarship for each academic year of high school study in the Kentucky educational excellence scholarship curriculum that the high school student has attained at least a 2.5 grade point average. The award shall be based upon the eligible high school student’s grade point average at the close of each academic year. An award attributable to a past academic year shall not be increased after the award has been earned by an eligible high school student, regardless of any subsequent increases made to the base amount of the Kentucky educational excellence scholarship through the promulgation of an administrative regulation by the authority.
    2. Notwithstanding the definitions of “eligible high school student” and “high school” in KRS 164.7874 , any high school student who maintains Kentucky residency and completes the academic courses that are required for a Kentucky educational excellence scholarship while participating in an approved educational high school foreign exchange program or participating in the United States Congressional Page School may apply his or her grade point average for that academic year toward the base as described in paragraph (a) of this subsection. The grade point average shall be reported by the student’s Kentucky home high school, based on an official transcript from the school that the student attended during the out-of-state educational experience. The authority shall promulgate administrative regulations that describe the approval process for the educational exchange programs that qualify under this paragraph. The provisions in this paragraph shall likewise apply to any Kentucky high school student who participated in an approved educational exchange program or in a Congressional Page School since the 1998-99 school year and maintained his or her Kentucky residency throughout.
      1. Notwithstanding the definitions of “eligible high school student” and “high school” in KRS 164.7874 and the requirement that a student graduate from a Kentucky high school, a high school student who completes the KEES curriculum while attending an accredited out-of- state high school or Department of Defense school may apply the grade point average for any applicable academic year toward the base as described in paragraph (a) of this subsection and shall also qualify for a supplemental award under subsection (3) of this section when: (c) 1. Notwithstanding the definitions of “eligible high school student” and “high school” in KRS 164.7874 and the requirement that a student graduate from a Kentucky high school, a high school student who completes the KEES curriculum while attending an accredited out-of- state high school or Department of Defense school may apply the grade point average for any applicable academic year toward the base as described in paragraph (a) of this subsection and shall also qualify for a supplemental award under subsection (3) of this section when:
        1. His or her custodial parent or guardian is in active service of the Armed Forces of the United States; and
        2. The custodial parent or guardian maintained Kentucky as the home of record at the time the student attended an accredited out-of-state high school or a Department of Defense school.
      2. The student or parent shall arrange for the out-of-state school to report the student’s grade point average each academic year and the student’s highest ACT score to the authority as required under KRS 164.7885 . The authority shall promulgate administrative regulations implementing the requirements in this paragraph, including:
        1. The documentation that the parent shall submit to the authority establishing the student’s eligibility for the scholarship; and
        2. The assurances that an out-of state institution shall submit to the authority for submission of the student grade point average.
      3. The provisions in this paragraph shall apply to the 2001-2002 school year and thereafter.
    3. Beginning with the 2013-2014 academic year, a student who meets the Kentucky core academic standards for high school graduation established in administrative regulation and graduates after completing three (3) years of high school shall receive a Kentucky educational excellence scholarship award equivalent to completing high school in four (4) years. The award shall be determined by dividing the total actual KEES scholarship earned under subsection (1) of this section by three (3) and multiplying that number by four (4). The resulting number shall be the annual award the student is eligible for under subsection (1) of this section.
    1. The authority shall commit to provide to each eligible high school student graduating from high school before June 30, 1999, and achieving a score of at least 15 on the American College Test, a supplemental award for the award period beginning in the fall of 1999, based on the eligible high school student’s highest ACT score attained by the date of graduation from high school. The amount of the supplemental award shall be determined as follows: (3) (a) The authority shall commit to provide to each eligible high school student graduating from high school before June 30, 1999, and achieving a score of at least 15 on the American College Test, a supplemental award for the award period beginning in the fall of 1999, based on the eligible high school student’s highest ACT score attained by the date of graduation from high school. The amount of the supplemental award shall be determined as follows:
    2. The authority shall commit to provide to each eligible high school student upon achievement after June 30, 1999, of an ACT score of at least 15 on the American College Test a supplemental award based on the eligible high school student’s highest ACT score attained by the date of graduation from high school. The amount of the supplemental award shall be determined as follows:
    3. Beginning with the 2008-2009 academic year, the authority shall commit to provide a supplemental award for achievement on examinations for Advanced Placement or International Baccalaureate as defined in KRS 164.002 to an eligible high school student whose family was eligible for free or reduced- price lunch for any year during high school enrollment.
      1. The supplemental award for AP examination scores are as follows:
        1. Two hundred dollars ($200) for each score of three (3);
        2. Two hundred fifty dollars ($250) for each score of four (4); and
        3. Three hundred dollars ($300) for each score of five (5).
      2. The supplemental award for IB examination scores are as follows:
        1. Two hundred dollars ($200) for each score of five (5);
        2. Two hundred fifty dollars ($250) for each score of six (6); and
        3. Three hundred dollars ($300) for each score of seven (7).
    4. Beginning with the 2013-2014 academic year, the authority shall commit to provide a supplemental award for achievement on examinations for Cambridge Advanced International as defined in KRS 164.002 to an eligible high school student whose family was eligible for free or reduced-priced lunch for any year during high school enrollment. The supplemental award for Cambridge Advanced International examination scores are as follows:
      1. Two hundred dollars ($200) for each score of “e”;
      2. Two hundred fifty dollars ($250) for each score of “c” or “d”; and
      3. Three hundred dollars ($300) for each score of “a”, “a”, or “b”.
    5. The authority shall promulgate administrative regulations establishing the eligibility criteria and procedures for making a supplemental award to Kentucky residents who are citizens, nationals, or permanent residents of the United States and who graduate from a nonpublic secondary school not certified by the Kentucky Board of Education and Kentucky residents who are citizens, nationals, or permanent residents of the United States and who obtain a High School Equivalency Diploma within five (5) years of their high school graduating class, and students under subsection (2)(c) of this section who do not attend an accredited high school.

GPA Amount GPA Amount 2.50 $125.00 3.30 $325.00 2.60 $150.00 3.40 $350.00 2.70 $175.00 3.50 $375.00 2.75 $187.00 3.60 $400.00 2.80 $200.00 3.70 $425.00 2.90 $225.00 3.75 $437.00 3.00 $250.00 3.80 $450.00 3.10 $275.00 3.90 $475.00 3.20 $300.00 4.00 $500.00 3.25 $312.00

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The authority shall review the base amount of the Kentucky educational excellence scholarship each academic year and may promulgate an administrative regulation to make adjustments after considering the availability of funds.

ACT Annual ACT Annual Score Bonus Score Bonus 15 $21 22 $171 16 $43 23 $193 17 $64 24 $214 18 $86 25 $236 19 $107 26 $257 20 $129 27 $279 21 $150 28 or above $300

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Subsequent supplemental awards for eligible high school students graduating before June 30, 1999, shall be determined in accordance with the provisions of paragraph (b) of this subsection.

ACT ACT Score Amount Score Amount 15 $36 22 $286 16 $71 23 $321 17 $107 24 $357 18 $143 25 $393 19 $179 26 $428 20 $214 27 $464 21 $250 28 and above $500

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The authority shall review the base amount of the supplemental award beginning with the 2001-2002 academic year and each academic year thereafter and may promulgate an administrative regulation to make adjustments after considering the availability of funds.

HISTORY: Enact. Acts 1998, ch. 575, § 4, effective July 15, 1998; 2000, ch. 13, § 3, effective July 14, 2000; 2000, ch. 198, § 3, effective July 14, 2000; 2001, ch. 25, § 1, effective June 21, 2001; 2002, ch. 278, § 1, effective July 15, 2002; 2005, ch. 117, § 3, effective June 20, 2005; 2008, ch. 134, § 23, effective July 15, 2008; 2013, ch. 104, § 5, effective June 25, 2013; 2013, ch. 105, § 1, effective June 25, 2013; 2015 ch. 112, § 2, effective April 2, 2015; 2017 ch. 63, § 23, effective June 29, 2017.

Legislative Research Commission Notes.

(4/2/2015). 2015 Ky. Acts ch. 112, sec. 6 provides that the amendments made to this statute in Section 2 of that Act shall be applied retroactively beginning with the 2013-2014 academic year.

(11/1/2006). Due to a manifest clerical or typographical error by the drafter of 2005 Ky. Acts ch. 117, the words “for submission” following “to the authority” in subsection (2)(b)2.b. of this statute were inadvertently deleted from the text as created in 2002 Ky. Acts ch. 278, sec. 1. Those words have been reinserted by the Reviser of Statutes under the authority of KRS 7.136 .

164.7881. Eligibility for educational excellence scholarship and supplemental awards — Time limits for receiving aid — Adjustment of amounts and loss of award — Extension of time limits — Senator Jeff Green Scholars.

  1. Eligible high school students who have graduated from high school and eligible postsecondary students who have earned a Kentucky educational excellence scholarship, a Kentucky educational excellence scholarship and a supplemental award, or a supplemental award only pursuant to KRS 164.7879(3)(e), shall be eligible to receive the Kentucky educational excellence scholarship, the Kentucky educational excellence scholarship and the supplemental award, or a supplemental award only for a maximum of eight (8) academic terms in an undergraduate or other postsecondary program of study at a participating institution, except as provided in subsections (5) and (6) of this section.
  2. To receive the Kentucky educational excellence scholarship, a Kentucky educational excellence scholarship and supplemental award, or a supplemental award only, an eligible high school or postsecondary student shall:
    1. Enroll in and attend a participating institution as a full-time student or a part-time student; and
    2. Maintain eligibility as provided in subsection (3) of this section.
  3. Eligibility for a Kentucky educational excellence scholarship or a Kentucky educational excellence scholarship and supplemental award shall terminate upon the earlier of:
    1. The expiration of five (5) years following the student’s graduation from high school, except as provided in subsection (5) or (6) of this section; or
    2. The successful completion of an undergraduate or other postsecondary course of study. However, any student who successfully completes the requirements for a degree or certification involving a postsecondary course of study that normally requires less than eight (8) academic terms to complete may continue to receive the benefits of a Kentucky educational excellence scholarship, a Kentucky educational excellence scholarship and supplemental award, or a supplemental award only, for a cumulative total of eight (8) academic terms if the student enrolls as at least a part-time student in a four (4) year program.
    1. The maximum award amount shall be determined by the authority and shall be adjusted as provided in this subsection. The award amount ultimately determined to be available to an eligible postsecondary student for an award period shall be delivered by the authority to the participating institution for disbursement to the eligible postsecondary student. (4) (a) The maximum award amount shall be determined by the authority and shall be adjusted as provided in this subsection. The award amount ultimately determined to be available to an eligible postsecondary student for an award period shall be delivered by the authority to the participating institution for disbursement to the eligible postsecondary student.
    2. The authority shall, by promulgation of administrative regulations, provide for the proportionate reduction of the maximum award amount for an eligible postsecondary student for any academic term in which the student is enrolled on a part-time basis. Each academic term for which any scholarship or supplemental award funds are accepted by an eligible postsecondary student shall count as a full academic term, even if the award amount was reduced to reflect the part-time status of the eligible postsecondary student, except if the eligible postsecondary student interrupts enrollment during the award period for any reason specified in subsection (5) of this section, and the participating institution does not certify a cumulative grade point average for that student at the end of that award period.
      1. An eligible postsecondary student who is enrolled full-time in an undergraduate program of study, in the pharmacy program at the University of Kentucky, or in a program of study designated as an equivalent undergraduate program of study by the authority in an administrative regulation, shall receive the maximum award amount for the first award period that the student is enrolled in and attending the program of study. (c) 1. An eligible postsecondary student who is enrolled full-time in an undergraduate program of study, in the pharmacy program at the University of Kentucky, or in a program of study designated as an equivalent undergraduate program of study by the authority in an administrative regulation, shall receive the maximum award amount for the first award period that the student is enrolled in and attending the program of study.
      2. To retain the maximum award for the second award period, an eligible postsecondary student shall have at least a 2.5 grade point average at the end of the first award period. If the eligible postsecondary student interrupts enrollment during the award period for any reason specified in subsection (5) of this section, and the participating institution does not certify a cumulative grade point average for that student at the end of that award period, the eligible postsecondary student shall, subject to paragraph (b) of this subsection, retain the maximum award for the award period in which he or she resumes enrollment.
      3. To retain the maximum award amount for subsequent award periods, an eligible postsecondary student shall have:
        1. A cumulative grade point average of 3.0 or greater at the end of the prior award period. If the eligible postsecondary student interrupts enrollment during the award period for any reason specified in subsection (5) of this section, and the participating institution does not certify a cumulative grade point average for that student at the end of that award period, the eligible postsecondary student shall, subject to paragraph (b) of this subsection, retain the same award for the award period in which he or she resumes enrollment as he or she received in the award period in which enrollment was interrupted; or
        2. A cumulative grade point average of 2.5 or greater but less than 3.0 at the end of the prior award period and be on track to graduate. If the eligible postsecondary student interrupts enrollment during the award period for any reason specified in subsection (5) of this section, and the participating institution does not certify a cumulative grade point average for that student at the end of that award period, the eligible postsecondary student shall, subject to paragraph (b) of this subsection, retain the same award for the award period in which he or she resumes enrollment as he or she received in the award period in which enrollment was interrupted.
      4. Any eligible full-time postsecondary student who maintains a cumulative grade point average of less than 3.0 but at least 2.5 but is not on track to graduate at the completion of any award period shall receive a reduction in the maximum award amount equal to fifty percent (50%) of the maximum award amount for the next award period.
      5. Any eligible postsecondary student who maintains a cumulative grade point average of less than 2.5 at the completion of any award period shall lose his or her award for the next award period.
        1. Each participating institution shall certify to the authority at the close of each award period the cumulative grade point average of each Kentucky educational excellence scholarship recipient enrolled as a full-time or part-time student at the participating institution. 6. a. Each participating institution shall certify to the authority at the close of each award period the cumulative grade point average of each Kentucky educational excellence scholarship recipient enrolled as a full-time or part-time student at the participating institution.
        2. In addition to reporting the grade point average, beginning with the 2010-2011 academic year, each participating institution shall certify to the authority at the close of each award period whether a Kentucky educational excellence scholarship recipient who initially enrolled in college in 2009-2010 or thereafter is on track to graduate.
      6. Any student who loses eligibility through failure to maintain the required cumulative grade point average may regain eligibility in a subsequent award period upon reestablishing at least a 2.5 cumulative grade point average or its equivalent during a subsequent award period, as certified by the participating institution.
  4. The expiration of a student’s eight (8) academic terms and five (5) year eligibility shall be extended by the authority upon a determination that the student was unable to enroll for or complete an academic term due to any of the following circumstances:
    1. A serious and extended illness or injury of the student, certified by an attending physician;
    2. The death or serious and extended illness or injury of an immediate family member of the student, certified by an attending physician, which would render the student unable to attend classes;
    3. Natural disasters that would render a student unable to attend classes; or
      1. Active duty status for the student in the United States Armed Forces or as an officer in the Commissioned Corps of the United States Public Health Service, or active service by the student in the Peace Corps Act or the Americorps, for the total number of years during which the student was on active duty status. The number of months served on active duty status shall be rounded up to the next higher year to determine the maximum length of eligibility extension allowed. (d) 1. Active duty status for the student in the United States Armed Forces or as an officer in the Commissioned Corps of the United States Public Health Service, or active service by the student in the Peace Corps Act or the Americorps, for the total number of years during which the student was on active duty status. The number of months served on active duty status shall be rounded up to the next higher year to determine the maximum length of eligibility extension allowed.
      2. A student whose eligibility expired prior to July 15, 2008, due to the three (3) year time limit on eligibility extensions imposed by this paragraph prior to July 15, 2008, shall have his or her eligibility reinstated for the number of years beyond the three (3) years during which he or she was on active duty status. The number of months served on active duty status shall be rounded up to the next higher year to determine the maximum length of eligibility extension allowed.
  5. An eligible postsecondary student who is enrolled at a participating institution in a five (5) year undergraduate degree program designated in an administrative regulation promulgated by the authority shall be eligible to receive the Kentucky educational excellence scholarship, the Kentucky educational excellence scholarship and the supplemental award, or the supplemental award only for a maximum of ten (10) academic terms. The expiration of an eligible postsecondary student’s five (5) year eligibility shall be extended to six (6) years for eligible postsecondary students meeting the requirements of this subsection.
  6. Each participating institution shall notify its students of their terms of eligibility.
  7. Each eligible high school student who attains a 28 or above on the ACT and a 4.0 grade point average for all four (4) years of high school shall be designated as a “Senator Jeff Green Scholar” in honor of the late Senator Jeff Green of Mayfield, Kentucky, First District, and shall be recognized by the high school in a manner consistent with recognition given by the high school to other high levels of academic achievement.

History. Enact. Acts 1998, ch. 575, § 5, effective July 15, 1998; 2000, ch. 13, § 4, effective July 14, 2000; 2000, ch. 198, § 4, effective July 14, 2000; 2002, ch. 278, § 2, effective July 15, 2002; 2002, ch. 326, § 2, effective July 15, 2002; 2004, ch. 111, § 6, effective July 13, 2004; 2005, ch. 117, § 4, effective June 20, 2005; 2008, ch. 134, § 24, effective July 15, 2008; 2008, ch. 137, § 2, effective July 15, 2008; 2015 ch. 112, § 4, effective April 2, 2015.

Legislative Research Commission Note.

(4/2/2015). 2015 Ky. Acts ch. 112, sec. 6 provides that the amendments made to this statute in Section 4 of that Act shall be applied retroactively beginning with the 2013-2014 academic year.

164.7882. Kentucky educational excellence scholarship moneys to be awarded to students enrolled in comprehensive transition and postsecondary program.

  1. Notwithstanding any other statute to the contrary, a student shall be eligible for a Kentucky educational excellence scholarship who:
      1. Received an alternative high school diploma described in KRS 158.140(2)(b) after June 30, 2012; or (a) 1. Received an alternative high school diploma described in KRS 158.140(2)(b) after June 30, 2012; or
      2. Attended a Kentucky public high school after June 30, 2008, and is a student with an intellectual disability as defined in 34 C.F.R. sec. 668.231; and
    1. Enrolls in a comprehensive transition and postsecondary program at a participating institution located in Kentucky.
  2. A student enrolled in credit-bearing or non-credit-bearing courses as part of a comprehensive transition and postsecondary program prior to the 2016-2017 academic year shall receive:
    1. Two hundred fifty dollars ($250) for enrollment in at least six (6) hours in an academic term; and
    2. One hundred twenty-five dollars ($125) for enrollment in less than six (6) hours in an academic term.
  3. A student enrolled in credit-bearing or non-credit-bearing courses as part of a comprehensive transition and postsecondary program beginning with the 2016-2017 academic year shall receive:
    1. Five hundred dollars ($500) for enrollment in at least six (6) hours in an academic term; and
    2. Two hundred fifty dollars ($250) for enrollment in less than six (6) hours in an academic term.
  4. A student shall be eligible for a scholarship under this section for a maximum of eight (8) academic terms.
  5. The authority shall promulgate administrative regulations establishing the procedures for making awards under this section.

History. Enact. Acts 2013, ch. 42, § 4, effective June 25, 2013; 2016 ch. 139, § 1, effective July 15, 2016.

164.7883. Use of scholarship and supplemental award at out-of-state institution.

An eligible student who has earned a Kentucky educational excellence scholarship, or the Kentucky educational excellence scholarship and the supplemental award, and who is enrolled in an out-of-state institution shall be eligible to receive the Kentucky educational excellence scholarship, or the Kentucky educational excellence scholarship and the supplemental award, if he or she is enrolled in a degree program in a field of study that is not available at any participating institution in the Commonwealth. The authority shall promulgate administrative regulations to establish procedures to designate an out-of-state institution as an approved participating institution as defined in KRS 164.7874 and to transfer to the out-of-state institution the amount of the scholarship and supplemental award earned by the eligible student.

History. Enact. Acts 2000, ch. 382, § 12, effective July 14, 2000; 2005, ch. 117, § 5, effective June 20, 2005.

164.7884. Eligibility of student in registered apprenticeship program or qualified workforce training program for Kentucky educational excellence scholarship.

  1. As used in this section:
    1. “Academic year” means July 1 through June 30 of each year;
    2. “Apprentice” has the same meaning as in KRS 343.010 ;
    3. “Eligible student” means an eligible high school student who has graduated from high school or a student eligible under KRS 164.7879(3)(e);
    4. “Qualified workforce training program” means a program that is in one (1) of Kentucky’s top five (5) high-demand work sectors as determined by the Kentucky Workforce Investment Board;
    5. “Registered apprenticeship program” means an apprenticeship program that:
      1. Is established in accordance with the requirements of KRS Chapter 343;
      2. Requires a minimum of two thousand (2,000) hours of on-the-job work experience;
      3. Requires a minimum of one hundred forty-four (144) hours of related instruction for each year of the apprenticeship; and
      4. Is approved by the Education and Workforce Development Cabinet;
    6. “Related instruction” has the same meaning as in KRS 343.010 ; and
    7. “Sponsor” has the same meaning as in KRS 343.010.
  2. Notwithstanding KRS 164.7881 , an eligible student who earned a KEES award shall be eligible for a Kentucky educational excellence scholarship if the student meets the requirements of this section and is:
    1. An apprentice in a registered apprenticeship program; or
    2. Enrolled in a qualified workforce training program that has a current articulation agreement for postsecondary credit hours with a participating institution.
    1. Beginning with the 2018-2019 academic year, an eligible student enrolled in a registered apprenticeship program or, for the academic year beginning July 1, 2020, an eligible student enrolled in a qualified workforce training program may receive reimbursement of tuition, books, required tools, and other approved expenses required for participation in the program, upon certification by the sponsor and approval by the authority. (3) (a) Beginning with the 2018-2019 academic year, an eligible student enrolled in a registered apprenticeship program or, for the academic year beginning July 1, 2020, an eligible student enrolled in a qualified workforce training program may receive reimbursement of tuition, books, required tools, and other approved expenses required for participation in the program, upon certification by the sponsor and approval by the authority.
    2. The reimbursement amount an eligible student may receive in an academic year shall not exceed the student’s KEES award maximum.
    3. The total reimbursement amount an eligible student may receive under this section shall not exceed the student’s KEES award maximum multiplied by four (4).
  3. Eligibility for a KEES scholarship under this section shall terminate upon the earlier of:
    1. The expiration of five (5) years following the eligible student’s graduation from high school or receiving a High School Equivalency Diploma, except as provided in KRS 164.7881(5); or
    2. The eligible student’s successful completion of the registered apprenticeship program or qualified workforce training program.
  4. The authority shall promulgate administrative regulations establishing the procedures for making awards under this section in consultation with the Kentucky Education and Workforce Development Cabinet and the Kentucky Economic Development Cabinet.

HISTORY: 2017 ch. 165, § 2, effective April 10, 2017; 2019 ch. 173, § 10, effective June 27, 2019; 2019 ch. 186, § 2, effective June 27, 2019.

Legislative Research Commission Notes.

(6/27/2019). This statute was amended by 2019 Ky. Acts chs. 173 and 186, which do not appear to be in conflict and have been codified together.

164.7885. Annual submission by high schools of list of eligible students — Data in list — Verification of eligibility — Reduction of award — Students ineligible for awards — Administrative regulations.

  1. Not later than August 1, 1999, and each June 30 thereafter, each Kentucky high school shall submit to the authority, a compiled list of all high school students during the academic year. A high school shall report the grade point average of an eligible high school student pursuant to KRS 164.7874 by January 15 following the end of the fall academic term in which the student completed the high school graduation requirements. The list shall identify the high school and shall contain each high school student’s name, Social Security number, address, grade point average for the academic year, expected or actual graduation date, highest ACT score, family eligibility status for free or reduced-price lunch, and each AP, Cambridge Advanced International, or IB examination score. The Gatton Academy of Mathematics and Science in Kentucky, the Craft Academy for Excellence in Science and Mathematics, and the high school of a model and practice school under KRS 164.380 shall report the data on its students to the authority. The list need not contain the ACT, AP, Cambridge Advanced International, or IB if the authority receives the scores directly from the testing services. The authority shall notify each eligible high school student of his or her Kentucky educational excellence scholarship award earned each academic year. The authority shall determine the final Kentucky educational excellence scholarship and supplemental award based upon the actual final grade point average, highest ACT score, and qualifying AP, Cambridge Advanced International, or IB scores and shall notify each eligible twelfth-grade high school student of the final determination. The authority shall make available a list of eligible high school and postsecondary students to participating institutions.
  2. The authority shall provide data access only to the Kentucky Longitudinal Data System and to those participating institutions that have either received an admission application from an eligible high school or postsecondary student or have been listed by the eligible high school or postsecondary student on the Free Application For Federal Student Aid.
  3. For each eligible postsecondary student enrolling in a participating institution after July 1, 1999, the participating institution shall verify to the authority:
    1. The student’s initial eligibility for a Kentucky educational excellence scholarship, Kentucky educational excellence scholarship and supplemental award, or supplemental award only pursuant to KRS 164.7879(3)(d) through the comprehensive list compiled by the authority or an alternative source satisfactory to the authority;
    2. The student’s highest ACT score attained by the date of graduation from high school, provided that the participating institution need not report the ACT score if the authority receives the ACT score directly from the testing services;
    3. The eligible postsecondary student’s full-time or part-time enrollment status at the beginning of each academic term; and
    4. The eligible postsecondary student’s cumulative grade point average after the completion of each award period.
  4. Each participating institution shall submit to the authority a report, in a form satisfactory to the authority, of all eligible postsecondary students enrolled for that academic term. Kentucky educational excellence scholarships and supplemental awards shall be disbursed by the authority to each eligible postsecondary student attending a participating institution during the academic term within thirty (30) days after receiving a satisfactory report.
  5. The Kentucky educational excellence scholarship and the supplemental award shall not be reduced, except as provided in KRS 164.7881(4).
  6. Kentucky educational excellence scholarships and supplemental awards shall not be awarded or disbursed to any eligible postsecondary students who are:
    1. In default on any loan under Title IV of the federal act; or
    2. Liable for any amounts that exceed annual or aggregate limits on any loan under Title IV of the federal act; or
    3. Liable for overpayment of any grant or loan under Title IV of the federal act; or
    4. In default on any obligation to the authority under any programs administered by the authority until financial obligations to the authority are satisfied, except that ineligibility may be waived by the authority for cause.
  7. Notwithstanding the provisions of KRS 164.753 , the authority may promulgate administrative regulations for the administration of Kentucky educational excellence scholarships and supplemental awards under the provisions of KRS 164.7871 to 164.7885 and KRS 164.7889 .

History. Enact. Acts 1998, ch. 575, § 6, effective July 15, 1998; 2000, ch. 13, § 5, effective July 14, 2000; 2000, ch. 198, § 5, effective July 14, 2000; 2002, ch. 51, § 2, effective July 15, 2002; 2005, ch. 117, § 6, effective June 20, 2005; 2008, ch. 134, § 25, effective July 15, 2008; 2013, ch. 18, § 6, effective June 25, 2013; 2013, ch. 90, § 6, effective June 25, 2013; 2015 ch. 15, § 4, effective June 24, 2015; 2015 ch. 112, § 5, effective April 2, 2015; 2020 ch. 66, § 3, effective July 15, 2020.

Legislative Research Commission Notes.

(6/25/2013). This statute was amended with identical text in 2013 Ky. Acts chs. 18 and 90, which were companion bills. These Acts have been codified together.

(7/14/2000). This section was amended by 2000 Ky. Acts chs. 13 and 198. Where these Acts are not in conflict, they have been codifiedtogether. Where a conflict exists, Acts ch. 198, which was last enacted by the General Assembly, prevails under KRS 446.250 .

164.7889. Increase of maximum award grants.

Notwithstanding the provisions of KRS 164.7535 and 164.785 to the contrary, if sufficient funds are available, the authority shall do one (1) of the following:

  1. Promulgate an administrative regulation to increase the maximum amount available under the grant programs to each student, up to the prevailing tuition rate charged by the regional public universities for full-time enrollment in an undergraduate program, but in no event shall a student receive more than the student’s cost of education less expected family contribution and other anticipated student financial assistance;
  2. Promulgate an administrative regulation to increase the average income level for qualification for the grant programs; or
  3. Promulgate an administrative regulation that increases both the maximum amount available under the grant programs, and increases the average income level for qualification for the grant programs.

History. Enact. Acts 1998, ch. 575, § 8, effective July 15, 1998.

164.7890. Coal county scholarship program for pharmacy students.

  1. To ensure the public health purpose of access to pharmaceutical services in the coal-producing counties of the Commonwealth, which have been traditionally underserved for pharmaceutical services due to a shortage of pharmacists in the Commonwealth, the General Assembly hereby establishes a coal county scholarship program to provide eligible Kentucky students the opportunity to attend an accredited school of pharmacy or a provisionally accredited school of pharmacy in the Commonwealth, and to become certified pharmacists in the Commonwealth, provided that the scholarship recipient agrees to practice pharmacy in a coal-producing county for each year a scholarship is provided.
  2. “Coal-producing county” as used in this section has the same meaning as in KRS 42.4592(1)(c).
  3. The authority may award scholarships, to the extent funds are available for that purpose, to any person who:
    1. Is a Kentucky resident;
    2. Is considered a permanent resident of a coal-producing county for at least one (1) year immediately preceding July 1 of the academic year in which the scholarship is made for students who first receive a scholarship under this section on or after July 1, 2014;
    3. Is a United States citizen as determined by the institution in accordance with criteria established by the Council on Postsecondary Education for the purposes of admission and tuition assessment;
    4. Is enrolled or accepted for enrollment in a Pharm.D. program at an accredited institution or a provisionally accredited institution in the Commonwealth on a full-time basis, or is a student who has a disability defined by Title II of the Americans with Disabilities Act, 42 U.S.C. secs. 12131 et seq., certified by a licensed physician to be unable to attend the eligible program of study full-time because of the disability;
    5. Agrees to render one (1) year of qualified service in a coal-producing county of the Commonwealth for each year the scholarship was awarded. “Qualified service” means a full-time practice in a coal-producing county of the Commonwealth of Kentucky as a licensed pharmacist for a majority of the calendar year, except that an individual having a disability defined by Title II of the Americans with Disabilities Act, 42 U.S.C. secs. 12131 et seq., whose disability, certified by another licensed physician, prevents him or her from practicing full-time, shall be deemed to perform qualified service by practicing the maximum time permitted by the attending physician, in the coal-producing county; and
    6. Agrees to sign a promissory note as evidence of the scholarship awarded and the obligation to repay the scholarship amount or render pharmacy service as agreed in lieu of payment.
    1. Notwithstanding KRS 164.753(3), the amount of the scholarship shall not exceed forty percent (40%) of the approximate average of first professional year in-state tuition for all pharmacy schools in the United States. The authority shall establish, by administrative regulation a procedure for awarding scholarships which shall give preference to students residing in coal-producing counties and which shall establish procedures to award scholarships should funding be insufficient to award scholarships to all eligible students. The authority may also, by administrative regulation, establish scholarship amounts based on demonstration of initial financial need by eligible students. (4) (a) Notwithstanding KRS 164.753(3), the amount of the scholarship shall not exceed forty percent (40%) of the approximate average of first professional year in-state tuition for all pharmacy schools in the United States. The authority shall establish, by administrative regulation a procedure for awarding scholarships which shall give preference to students residing in coal-producing counties and which shall establish procedures to award scholarships should funding be insufficient to award scholarships to all eligible students. The authority may also, by administrative regulation, establish scholarship amounts based on demonstration of initial financial need by eligible students.
    2. The actual amount of the scholarship awarded to each eligible student by the authority for each semester shall be based on the amount of funds available and the criteria established under paragraph (a) of this subsection.
    1. The authority shall require each student receiving a scholarship to execute a promissory note as evidence of the obligation. (5) (a) The authority shall require each student receiving a scholarship to execute a promissory note as evidence of the obligation.
    2. The recipient shall render one (1) year of qualified service in a coal-producing county for each year the scholarship was awarded. Upon completion of each year of qualified service in a coal-producing county, the authority shall cancel the appropriate number of promissory notes. Promissory notes shall be canceled by qualified service in the order in which the promissory notes were executed. Service credit shall not include residency service.
    3. If a recipient fails to complete an eligible program of study, or fails to render service as a pharmacist as agreed in this subsection, the recipient shall be liable for the total repayment of the sum of all outstanding promissory notes and accrued interest.
  4. Any person who is in default on any obligation to the authority under any program administered by the authority under KRS 164.740 to 164.785 shall not be awarded a scholarship or have a promissory note canceled until all financial obligations to the authority are satisfied, except that ineligibility for this reason may be waived by the authority for cause.
  5. A repayment obligation imposed by this section shall not be voidable by reason of the age of the recipient at the time of executing the promissory note.
  6. Failure to meet repayment obligations imposed by this section shall be cause for the revocation of the scholarship recipient’s license to practice pharmacy, subject to the procedures set forth in KRS Chapter 311.
  7. Notwithstanding KRS 164.753(3), the authority shall establish by administrative regulation procedures for the administration of this program, including but not limited to the execution of appropriate contracts and promissory notes, cancellation of obligations, the rate of repayment, and deferment of repayment of outstanding debt.
  8. Notwithstanding any other statute to the contrary, the maximum interest rate applicable to repayment of a promissory note under this section shall be twelve percent (12%) per annum, except that if a judgment is rendered to recover payment, the judgment shall bear interest at the rate of five percent (5%) greater than the rate actually charged on the promissory note.
    1. The coal county pharmacy scholarship fund is hereby created as a revolving fund in the State Treasury to be administered by the Kentucky Higher Education Assistance Authority for the purpose of providing scholarships to qualifying students studying pharmacy in schools in the Commonwealth. (11) (a) The coal county pharmacy scholarship fund is hereby created as a revolving fund in the State Treasury to be administered by the Kentucky Higher Education Assistance Authority for the purpose of providing scholarships to qualifying students studying pharmacy in schools in the Commonwealth.
    2. The fund shall consist of amounts transferred from coal severance tax receipts as provided in paragraph (c) of this subsection and any other proceeds from grants, contributions, appropriations, or other moneys made available for the fund.
      1. Receipts from the coal severance tax levied under KRS 143.020 shall be transferred to the fund on an annual basis in an amount not to exceed the lesser of: (c) 1. Receipts from the coal severance tax levied under KRS 143.020 shall be transferred to the fund on an annual basis in an amount not to exceed the lesser of:
        1. Four percent (4%) of the total annual coal severance tax revenues collected under KRS 143.020; or
        2. The amount necessary to provide full funding for all students who qualify for a scholarship under this section, considering all other resources available.
      2. Transfers required by subparagraph 1. of this paragraph shall be made as follows:
        1. On or before August 1 of each year, sixty-five percent (65%) of the amount of funding provided for in this paragraph shall be transferred to the fund; and
        2. The remaining thirty-five percent (35%) shall be transferred on or before December 1 of each year.
      3. The amount transferred shall be based upon the prevailing revenue estimate for coal severance tax receipts at the time each transfer is made.
    3. Any unallotted or unencumbered balances in the trust fund shall be invested as provided in KRS 42.500(9).
    4. Income earned from the investments shall be credited to the trust fund.
    5. Notwithstanding KRS 45.229 , any fund balance at the close of the fiscal year shall not lapse but shall be transferred to the Osteopathic Medicine Scholarship Program described in KRS 164.7891 within ninety (90) days of the end of the fiscal year.
    6. All amounts included in the fund shall be continuously appropriated only for the purposes specified in this section.
    7. A general statement that all continuing appropriations are repealed, discontinued, or suspended shall not operate to repeal, discontinue, or suspend this fund or to repeal this action.
    8. All moneys repaid to the authority under this section shall be added to the fund.

History. Enact. Acts 2010 (1st Ex. Sess.), ch. 2, § 20, effective June 4, 2010; 2012, ch. 110, § 16, effective April 11, 2012; 2013, ch. 84, § 1, effective June 25, 2013; 2014, ch. 133, § 2, effective April 25, 2014.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 12, (2) at 856.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.7891. Osteopathic Medicine Scholarship Program.

  1. It is the intent of the General Assembly to establish a scholarship program to provide eligible Kentucky students the opportunity to attend an accredited osteopathic school of medicine located in the Commonwealth and become certified practitioners rendering medical service in the Commonwealth.
  2. The Kentucky Higher Education Assistance Authority may award scholarships, to the extent funds are available for that purpose, to persons who declare an intent to become osteopaths and practice in the Commonwealth and who are eligible under subsection (4) of this section.
  3. The authority may award scholarships to students who meet the following criteria:
    1. Kentucky residents who are United States citizens as determined by the institution in accordance with criteria established by the Council on Postsecondary Education for the purposes of admission and tuition assessment;
    2. Students who are enrolled or accepted for enrollment in an eligible program of study accredited by the Bureau of Professional Education of the American Osteopathy Association or its successor, on a full-time basis, or eligible students who have a disability defined by Title II of the Americans with Disabilities Act, 42 U.S.C. secs. 12131 et seq., certified by a licensed physician to be unable to attend the eligible program of study full-time because of the disability;
    3. Students who agree to render one (1) year of qualified service in the Commonwealth for each year the scholarship was awarded. “Qualified service” means a full-time practice in the Commonwealth of Kentucky as a licensed doctor of osteopathy for a majority of the calendar year in the fields of family practice, general practice, general internal medicine, general pediatrics, general obstetrics, or gynecology, except that an individual having a disability defined by Title II of the Americans with Disabilities Act, 42 U.S.C. secs. 12131 et seq., whose disability, certified by another licensed physician, prevents him or her from practicing full-time, shall be deemed to perform qualified service by practicing the maximum time permitted by the attending physician; and
    4. Students who sign a promissory note as evidence of the scholarship awarded and the obligation to repay the scholarship amount or render medical service as agreed in lieu of payment.
  4. The amount of the scholarship awarded to an eligible student by the authority shall be equal to the difference between:
    1. The average of the prevailing amount charged for in-state tuition at the University of Kentucky School of Medicine and the University of Louisville School of Medicine; and
    2. The prevailing amount charged for tuition at the osteopathic school of medicine in which the student is enrolled.
  5. The authority shall require a promissory note to be executed by the student as evidence of the obligation. The recipient shall render one (1) year of qualified service for each year the scholarship was awarded. Upon completion of each year of qualified service, the authority shall cancel the appropriate number of promissory notes. Promissory notes shall be canceled by qualified service in the order in which the promissory notes were executed. Service credit shall not include residency service. In the event a recipient fails to complete an eligible program of study, or fails to render qualified medical service as a primary care physician as agreed in subsection (3) of this section, the recipient shall be liable for the total repayment of the sum of all outstanding promissory notes and accrued interest.
  6. A scholarship shall not be awarded or a promissory note cancellation shall not be granted to any person who is in default on any obligation to the authority under any program administered by the authority under KRS 164.740 to 164.785 until financial obligations to the authority are satisfied, except that ineligibility for this reason may be waived by the authority for cause.
  7. A repayment obligation imposed by this section shall not be voidable by reason of the age of the recipient at the time of executing the promissory note.
  8. Failure to meet repayment obligations imposed by this section shall be cause for the revocation of the scholarship recipient’s license to practice medicine, subject to the procedures set forth in KRS Chapter 311.
  9. Notwithstanding KRS 164.753(3), the authority shall establish by administrative regulation procedures or the terms of promissory notes for the administration of this program, including the execution of appropriate contracts and promissory notes, cancellation of the obligation, the rate of repayment and deferment of repayment of outstanding debt, and the priority of awarding scholarships if funds are insufficient to honor all requests.
  10. Notwithstanding any other statute to the contrary, the maximum interest rate applicable to repayment of a promissory note under this section shall be twelve percent (12%) per annum, except that if a judgment is rendered to recover payment, the judgment shall bear interest at the rate of five percent (5%) greater than the rate actually charged on the promissory note.
    1. The “Osteopathic Medicine Scholarship Program” is hereby created as a special trust fund in the State Treasury administered by the Kentucky Higher Education Assistance Authority for the purpose of providing funds for scholarships to eligible students studying osteopathic medicine in schools in the Commonwealth. (11) (a) The “Osteopathic Medicine Scholarship Program” is hereby created as a special trust fund in the State Treasury administered by the Kentucky Higher Education Assistance Authority for the purpose of providing funds for scholarships to eligible students studying osteopathic medicine in schools in the Commonwealth.
    2. Funding shall be transferred to the special trust fund from the coal severance tax revenues levied under KRS 143.020 in an amount that permits each Kentucky resident eligible under subsection (3) of this section to be awarded a scholarship in the amount established under subsection (4) of this section. No more than four percent (4%) of the coal severance tax revenues levied under KRS 143.020 and collected annually shall be transferred to the trust fund. To the extent this appropriation and other funds are available, the authority shall award scholarships to all renewal applicants and eligible students in accordance with the formula for determining the amount of the scholarship award established in this section.
    3. The trust fund may also receive state appropriations, gifts, and grants from public and private sources, and federal funds. Any unallotted or unencumbered balances in the trust fund shall be invested as provided in KRS 42.500(9). Income earned from the investments shall be credited to the trust fund. Any fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year and continuously appropriated only for the purposes specified in this section. A general statement that all continuing appropriations are repealed, discontinued, or suspended shall not operate to repeal, discontinue, or suspend this fund or to repeal this section.
    4. All moneys repaid to the authority under this section shall be added to the appropriations made for purposes of this section, and the funds and unobligated appropriations shall not lapse.
  11. On or before August 1 of each year, sixty-five percent (65%) of the amount of funding provided in subsection (11)(b) of this section shall be transferred to the special trust fund and the remaining thirty-five percent (35%) shall be transferred on or before December 1 of each year. The revenue transfers shall be based upon the revenue estimates prevailing at the time each transfer is due.

History. Enact. Acts 1998, ch. 256, § 1, effective July 15, 1998; 2000, ch. 196, § 1, effective July 14, 2000; 2003, ch. 180, § 4, effective June 24, 2003; 2012, ch. 110, § 15, effective April 11, 2012.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 12, (2) at 856.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. V, G, 1 at 941.

164.7892. Early graduation scholarship trust fund.

  1. The early graduation scholarship trust fund is created as a separate restricted fund to be administered by the Kentucky Higher Education Assistance Authority. The trust fund shall consist of funds from grants, contributions, appropriations, or other moneys made available for the purposes of the trust fund.
  2. Funds allocated by the General Assembly under provisions of KRS 157.360(3) shall be deposited into the trust fund.
  3. Notwithstanding KRS 45.229 , trust fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year.
  4. Any interest earned on moneys in the trust fund shall become a part of the trust fund and shall not lapse.
  5. Trust fund moneys shall be used for Early Graduation Scholarship Certificate awards as described in KRS 158.142 . Funds shall be distributed by the Kentucky Higher Education Assistance Authority in accordance with KRS 158.142 .

History. Enact. Acts 2013, ch. 104, § 2, effective June 25, 2013.

164.7893. Requirements for educational institutions for students to receive student financial assistance. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 256, § 2, effective July 15, 1998) was repealed by Acts 2003, ch. 180, § 12, effective June 24, 2003.

164.7894. Kentucky Coal County College Completion Program.

  1. The General Assembly recognizes that the bachelor degree attainment rate in the coal-producing counties of Kentucky is lower than the state average. It is the intent of the General Assembly to establish the Kentucky Coal County College Completion Program to assist residents of coal-producing counties who are attending postsecondary education institutions located in coal-producing counties by providing:
    1. Scholarships to:
      1. Decrease the financial barriers to bachelor’s degree completion; and
      2. Encourage students to remain in the area; and
    2. Grants to community colleges located in coal-producing counties to enhance the extent and quality of student support services and program offerings necessary to increase student success and degree production in the area.
  2. For purposes of this section:
    1. “District” means the Kentucky Coal County District consisting of coal-producing counties as defined in KRS 42.4592(1)(c);
    2. “High school” means a Kentucky public high school or a private, parochial, or church school located in Kentucky that has been certified by the Kentucky Board of Education as voluntarily complying with curriculum, certification, and textbook standards established by the Kentucky Board of Education under KRS 156.160 ;
    3. “Kentucky Coal County College Completion scholarship” or “KCCCC scholarship” means a scholarship described in subsection (1)(a) of this section;
    4. “Kentucky Coal County College Completion student services grant” or “KCCCC student services grant” means a grant described in subsection (1)(b) of this section; and
    5. “Tuition” means the in-state tuition and mandatory fees charged to all students as a condition of enrollment in an undergraduate program.
  3. A participating institution shall:
    1. Be physically located in the district;
    2. Offer bachelor’s degree programs; and be:
      1. A regionally accredited, independent nonprofit Kentucky college or university licensed by the Council on Postsecondary Education whose main campus is based in the district, including a work-college as determined by the Kentucky Higher Education Assistance Authority; (c) 1. A regionally accredited, independent nonprofit Kentucky college or university licensed by the Council on Postsecondary Education whose main campus is based in the district, including a work-college as determined by the Kentucky Higher Education Assistance Authority;
      2. A four (4) year public university extension campus; or
      3. A regional postsecondary education center, including the University Center of the Mountains.
  4. A participating institution may establish extension campuses within the district to offer bachelor degree programs for purposes of this section.
  5. A nonparticipating institution shall:
    1. Have its main campus located in Kentucky but not in the district;
    2. Offer a bachelor’s degree program not offered at any participating institution;
    3. Be accredited by the Southern Association of Colleges and Schools; and
    4. Be a public or independent, nonprofit college or university that is licensed by the Council on Postsecondary Education.
  6. The Kentucky Higher Education Assistance Authority shall administer the Kentucky Coal County College Completion Program and shall promulgate administrative regulations in accordance with KRS Chapter 13A as may be needed for the administration of the program.
  7. The authority may award a KCCCC scholarship under this section, to the extent funds are available for that purpose, to any person who:
    1. Is considered a permanent resident of the district for at least one (1) year immediately preceding July 1 of the academic year in which the scholarship is made;
    2. Is a United States citizen;
    3. Is a Kentucky resident as determined by the institution in accordance with criteria established by the Council on Postsecondary Education for the purposes of admission and tuition assessment;
    4. Completes and submits the Free Application for Federal Student Aid for the academic year in which the grant is made;
    5. Has earned at least sixty (60) credits or the equivalent of completed coursework toward a bachelor’s degree;
    6. Is enrolled at least half-time at a participating institution, or a nonparticipating institution in accordance with subsection (8) of this section, in upper division courses in a program of study that leads to a bachelor’s degree;
    7. Is in good academic standing in accordance with the institution’s policy; and
    8. Is not in default on any obligation to the authority under any program administered by the authority under KRS 164.740 to 164.785 , except that ineligibility for this reason may be waived by the authority for cause.
  8. A student otherwise eligible for the KCCCC scholarship who is enrolled in a nonparticipating institution shall be eligible to receive the KCCCC scholarship if he or she is enrolled in a bachelor’s degree program in a field of study that is not offered at any participating institution. A program shall be clearly unlike any degree program offered by a participating institution to be eligible. The authority shall promulgate administrative regulations to establish procedures to designate the approved programs of study at nonparticipating institutions for which an eligible student can receive the KCCCC scholarship, which shall include a program review process that requires fifty percent (50%) or more of the courses offered in a program to be different from courses available in a program offered by a participating institution. The maximum annual total of KCCCC scholarships expended for this purpose, to the extent funds are available, shall not exceed five percent (5%) of the amount appropriated for KCCCC scholarships.
    1. The KCCCC scholarship amount provided to a student may be applied to the student’s cost of attendance and shall be forty percent (40%), up to the maximum amount defined in subsections (10) and (11) of this section, of the amount remaining after subtracting the student’s federal and state grants and scholarships from the institution’s published tuition and mandatory fees amount that is used for purposes of packaging federal student aid. Work study and student loan funds shall not be included in the calculation. (9) (a) The KCCCC scholarship amount provided to a student may be applied to the student’s cost of attendance and shall be forty percent (40%), up to the maximum amount defined in subsections (10) and (11) of this section, of the amount remaining after subtracting the student’s federal and state grants and scholarships from the institution’s published tuition and mandatory fees amount that is used for purposes of packaging federal student aid. Work study and student loan funds shall not be included in the calculation.
    2. For purposes of this subsection, the tuition amount for a work-college, as described in subsection (3)(c)1. of this section, shall be the average tuition and mandatory fees amount of the participating institutions that are described in subsection (3)(c)1. of this section and are not work-colleges.
    3. Students attending less than full-time shall receive a pro rata amount as determined by the authority.
  9. The maximum KCCCC scholarship award amount for the 2014-2015 academic year shall not exceed:
    1. Six thousand eight hundred dollars ($6,800) per academic year for a student attending a participating institution that is a nonprofit, independent college or university;
    2. Two thousand three hundred dollars ($2,300) per academic year for a student attending a participating institution that is a public university extension campus or a regional postsecondary education center; or
    3. Three thousand four hundred dollars ($3,400) per academic year for a student attending a nonparticipating institution as prescribed in subsection (8) of this section.
  10. The authority shall calculate the average annual percentage increase in tuition for the six (6) comprehensive universities as defined in KRS 164.001 . The maximum KCCCC scholarship amounts in subsection (10) of this section shall be increased for each subsequent academic year by the total average percentage increase since the 2014-2015 academic year.
  11. The authority shall award KCCCC scholarships chronologically based on when applicants submit the Free Application for Federal Student Aid until funds are exhausted, except prior recipients shall be awarded before any new KCCCC scholarship recipients. Applicants who received a KCCCC scholarship in the immediately preceding academic semester and apply by the deadline established by the authority shall be awarded first.
  12. A student may receive a KCCCC scholarship for a maximum of five (5) full-time fall or spring academic semesters, or their equivalent under a trimester or quarter system, or until the completion of a first bachelor’s degree, whichever occurs first. The authority shall determine the equivalent usage of academic semester eligibility for students enrolled less than full-time.
  13. The authority may award KCCCC student services grants under this section, to the extent funds are available for that purpose, to a Kentucky Community and Technical College System institution that is physically located in the district.
  14. The maximum annual KCCCC student services grant shall be one hundred fifty thousand dollars ($150,000) per institution.
  15. KCCCC student services grants shall be used for the following purposes:
    1. To expand outreach services in high schools, in coordination with outreach services provided by the authority, to advise students of the advantages and importance of seeking a bachelor’s degree and the opportunities to attain a bachelor’s degree within the district;
    2. To expand advising resources to encourage completion of associate degree programs and transfer into bachelor’s degree programs;
    3. To expand career advising resources to better link baccalaureate academic pursuits to career opportunities, especially within the district; and
    4. To provide multifaceted retention and student transfer initiatives to encourage associate degree completion leading to bachelor’s degree programs.
  16. Beginning November 1, 2015, and each year thereafter, the authority shall make an annual report to the Interim Joint Committee on Education on the status of the Kentucky Coal County College Completion Program.
  17. Every four (4) years after implementation of the Kentucky Coal County College Completion Program, the authority shall evaluate the program to ensure the policy objectives are being realized and to suggest adjustments to maximize the increase in bachelor’s degree completion rates.
  18. Each participating institution, nonparticipating institution, and recipient of a KCCCC student services grant shall make data available to the authority for the report and evaluation described in subsections (17) and (18) of this section.
  19. If any participating institution, nonparticipating institution, or recipient of a KCCCC student services grant does not demonstrate improved performance in student performance metrics, including but not limited to graduation and transfer rates, the authority may revoke the institution’s eligibility for participation in the KCCCC scholarship or KCCCC student services grant.
    1. The coal county college completion scholarship fund is hereby created as a trust fund in the State Treasury to be administered by the Kentucky Higher Education Assistance Authority for the purpose of providing scholarships described in subsection (1)(a) of this section. (21) (a) The coal county college completion scholarship fund is hereby created as a trust fund in the State Treasury to be administered by the Kentucky Higher Education Assistance Authority for the purpose of providing scholarships described in subsection (1)(a) of this section.
    2. The trust fund shall consist of amounts appropriated annually from coal severance tax receipts to the extent that the enacted biennial budget of the Commonwealth includes such appropriations. The trust fund may also receive gifts and grants from public and private sources and federal funds. No general fund moneys shall be appropriated for this purpose.
    3. Any unallotted or unencumbered balances in the trust fund shall be invested as provided in KRS 42.500(9). Income earned from the investments shall be credited to the trust fund.
    4. Notwithstanding KRS 45.229 , any fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year and continuously appropriated only for the purposes specified in this section.
    1. The coal county college completion student services grant fund is hereby created as a trust fund in the State Treasury to be administered by the Kentucky Higher Education Assistance Authority for the purpose of providing grants described in subsection (1)(b) of this section. (22) (a) The coal county college completion student services grant fund is hereby created as a trust fund in the State Treasury to be administered by the Kentucky Higher Education Assistance Authority for the purpose of providing grants described in subsection (1)(b) of this section.
    2. The trust fund shall consist of amounts appropriated annually from coal severance tax receipts to the extent that the enacted biennial budget of the Commonwealth includes such appropriations. The trust fund may also receive gifts and grants from public and private sources and federal funds. No general fund moneys shall be appropriated for this purpose.
    3. Any unallotted or unencumbered balances in the trust fund shall be invested as provided in KRS 42.500(9). Income earned from the investments shall be credited to the trust fund.
    4. Notwithstanding KRS 45.229 , any fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year and continuously appropriated only for the purposes specified in this section.

History. Enact. Acts 2014, ch. 133, § 1, effective July 15, 2014.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 2, (10) at 895.

164.790. Veterinary Contract Spaces Program — Administration — Administrative regulations — Purchase of annual enrollment spaces — Tuition credits — Veterinary Contract Spaces Program trust fund.

  1. For purposes of this section:
    1. “Authority” means the Kentucky Higher Education Assistance Authority;
    2. “Full enrollment space amount” means the difference between the out-of-state and in-state tuition amount at a public participating veterinary school or an equivalent amount determined by the authority for a nonpublic participating veterinary school;
    3. “Kentucky student” means a Kentucky resident as determined by the authority using the criteria established by the Council on Postsecondary Education for the purposes of postsecondary admission and tuition assessment;
    4. “Participating veterinary school” means a college of veterinary medicine approved by the authority for participation in the program; and
    5. “Program” means the Veterinary Contract Spaces Program.
  2. The General Assembly establishes the Veterinary Contract Spaces Program to provide financial assistance and access to Kentucky students seeking a veterinary education and to help ensure the availability of a sufficient veterinary workforce in the Commonwealth.
  3. The authority shall administer the program and shall promulgate administrative regulations in accordance with KRS Chapter 13A as may be needed for the administration of the program.
  4. Subject to the availability of funds, the authority shall contract to purchase at least one hundred sixty-four (164) enrollment spaces annually for Kentucky students at one (1) or more participating veterinary schools. To the extent possible, the contract shall be for the full enrollment space amount.
  5. Kentucky students enrolled in a participating veterinary school and selected by the school for participation in the program shall receive a tuition credit from the school in the amount required to purchase his or her enrollment space each semester, not to exceed eight (8) semesters.
  6. To the extent possible, the authority shall secure enrollment spaces so that Kentucky students participating in the program may continue applying tuition credits at the same participating veterinary school for up to eight (8) semesters.
    1. The Veterinary Contract Spaces Program trust fund is hereby created as a trust fund in the State Treasury to be administered by the authority for the purpose of purchasing enrollment spaces for Kentucky students in participating veterinary schools as described in this section. (7) (a) The Veterinary Contract Spaces Program trust fund is hereby created as a trust fund in the State Treasury to be administered by the authority for the purpose of purchasing enrollment spaces for Kentucky students in participating veterinary schools as described in this section.
    2. The trust fund shall consist of state general fund appropriations, gifts and grants from public and private sources, and federal funds. All moneys included in the fund shall be appropriated for the purposes set forth in this section.
    3. Any unalloted or unencumbered balances in the trust fund shall be invested as provided in KRS 42.500(9). Income earned from the investments shall be credited to the trust fund.
    4. Notwithstanding KRS 45.229 , any fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year and continuously appropriated only for the purposes specified in this section.

HISTORY: 2020 ch. 10, § 1, effective July 15, 2020.

164.7901. Pharmacy Scholarship Program. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2006, ch. 252, Pt. XXIV, § 1, effective April 25, 2006) was repealed by Acts 2010 (1st Ex. Sess.), ch. 2, § 21, effective June 4, 2010.

NOTES TO DECISIONS

1. Constitutionality.

KRS 164.7901 , which provided scholarship money to individual students who attended the university’s pharmacy school, was a special legislation in contravention of Ky. Const. § 59 because in restricting scholarships to those attending the university’s pharmacy school, the Kentucky General Assembly failed to treat equally all members of the pharmacy student class, precisely the type of special privilege and favoritism that § 59 condemned. Univ. of the Cumberlands v. Pennybacker, 308 S.W.3d 668, 2010 Ky. LEXIS 97 ( Ky. 2010 ).

164.7911. Strategic Investment and Incentive Funding Program — Trust funds — Interest — Appropriations.

  1. There is established and created in the Council on Postsecondary Education a Strategic Investment and Incentive Funding Program for postsecondary education to consist of a system of strategic financial assistance awards to institutions, systems, agencies, and programs of postsecondary education to advance the goals of postsecondary education as stated in KRS 164.003(2). There are established in the State Treasury the following individual strategic investment and incentive trust funds:
    1. A research challenge trust fund;
    2. A comprehensive university excellence trust fund;
    3. A technology initiative trust fund;
    4. A physical facilities trust fund;
    5. A postsecondary workforce development trust fund; and
    6. A student financial aid and advancement trust fund.
  2. The funding program and the individual trust funds are created to provide financial assistance to the institutions, systems, agencies, and programs of postsecondary education each fiscal biennium. It is the intent of the General Assembly to make appropriations, including general fund appropriations, each fiscal biennium to each of the individual trust funds in the funding program in a form and manner consistent with the strategic agenda adopted by the Council on Postsecondary Education. Appropriations made to individual trust funds in the Strategic Investment and Incentive Funding Program shall not lapse at the end of a fiscal year but shall be carried forward in the respective trust fund accounts and shall be available for allotment for their respective purposes in the next fiscal year.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 7, effective May 30, 1997; 2008, ch. 113, § 12, effective July 15, 2008.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (1) at 893.

164.7913. Sources of funding — Investment of balances — Capital projects — Allotment of appropriations.

  1. The individual trust funds in the Strategic Investment and Incentive Funding Program may receive state appropriations, gifts and grants from public and private sources, and federal funds. Any unallotted or unencumbered balances in the individual trust funds shall be invested as provided for in KRS 42.500(9). Income earned from the investments shall be credited to the appropriate trust fund accounts.
  2. All capital projects funded through appropriations to one (1) of the individual trust funds shall adhere to the capital processes created in KRS Chapters 7A, 45, 45A, and 48.
  3. Debt service appropriations for bond-supported capital projects funded through one (1) of the individual trust funds shall be made to the individual trust fund. Allotment of the appropriations shall be made to the university, Kentucky Community and Technical College System, or agency authorized to issue the bonds to finance the capital project.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 8, effective May 30, 1997.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (1) at 893.

164.7915. Budget request — Purpose of appropriations.

  1. The Council on Postsecondary Education shall make a biennial budget request to the General Assembly and to the Governor with regard to:
    1. Specific funding amounts to be appropriated to each individual trust fund in the Strategic Investment and Incentive Funding Program;
    2. Specific funding amounts of all capital projects to be appropriated and funded from each individual trust fund in the Strategic Investment and Incentive Funding Program; and
    3. Funding to be appropriated to the base budgets of the institutions, systems, agencies, and programs.
  2. Funds appropriated for the Strategic Investment and Incentive Funding Program shall be for the purpose of encouraging the activities of institutions, systems, agencies, and programs of postsecondary education in accordance with the strategic agenda adopted by the Council on Postsecondary Education.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 9, effective May 30, 1997.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (1) at 893.

164.7917. Research challenge trust fund.

    1. The research challenge trust fund created by KRS 164.7911 may include separate, subsidiary programs and related accounts, such as an Endowed Professorship Matching Program, an Endowed Chairs Matching Program, an External Research Grant Matching Program, a Graduate Assistant Program, a Junior Faculty Research Encouragement Program, or other programs and related accounts as determined through the biennial budget process for the Council on Postsecondary Education. (1) (a) The research challenge trust fund created by KRS 164.7911 may include separate, subsidiary programs and related accounts, such as an Endowed Professorship Matching Program, an Endowed Chairs Matching Program, an External Research Grant Matching Program, a Graduate Assistant Program, a Junior Faculty Research Encouragement Program, or other programs and related accounts as determined through the biennial budget process for the Council on Postsecondary Education.
    2. Appropriations to the research challenge trust fund are to encourage research activities at the University of Kentucky and at the University of Louisville so that these institutions may achieve the goals established in KRS 164.003(2).
    3. Funds appropriated to the research challenge trust fund shall be apportioned two-thirds (2/3) to the University of Kentucky and one-third (1/3) to the University of Louisville.
  1. The Council on Postsecondary Education shall develop the criteria and process for submission of an application under this section. The evaluation of all applications for support of specific faculty research projects, if such projects are included in the university’s plan for use of research trust funds, shall be subject to review and ranking by an external panel of experts appointed according to guidelines and procedures approved by the council in consultation with the University of Kentucky and the University of Louisville. The University of Kentucky and the University of Louisville may apply to the council for financial assistance from the research challenge trust fund. The council shall determine the matching funds or internal reallocation requirements from the applicants to qualify for funding. Financial assistance that may be awarded by the council shall be consistent with the adopted strategic agenda, the biennial budget process, and the availability of any resources to the research challenge trust fund.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 10, effective May 30, 1997.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (1) at 893.

164.7919. Comprehensive university excellence trust fund.

    1. The comprehensive university excellence trust fund created by KRS 164.7911 shall consist of six (6) separate accounts: one (1) for Eastern Kentucky University; one (1) for Kentucky State University; one (1) for Morehead State University; one (1) for Murray State University; one (1) for Northern Kentucky University; and one (1) for Western Kentucky University. (1) (a) The comprehensive university excellence trust fund created by KRS 164.7911 shall consist of six (6) separate accounts: one (1) for Eastern Kentucky University; one (1) for Kentucky State University; one (1) for Morehead State University; one (1) for Murray State University; one (1) for Northern Kentucky University; and one (1) for Western Kentucky University.
    2. Funds appropriated to the comprehensive university excellence trust fund or any subsidiary fund created by the Council on Postsecondary Education shall be apportioned to each of the comprehensive universities proportional to their respective share of total general fund appropriations in each fiscal year, excluding debt service appropriations and specialized, noninstructional appropriations.
    3. The purpose of the comprehensive university excellence trust fund is to provide financial assistance to encourage comprehensive universities to develop at least one (1) nationally recognized program of distinction or at least one (1) nationally recognized applied research program consistent with the goals established in KRS 164.003(2).
  1. The council shall develop the criteria and process for submission of an application under this section. Each university may apply to the council for financial assistance from the comprehensive university excellence trust fund. The council shall determine the matching funds or internal reallocation requirements from the applicants to qualify for funding. Financial assistance that may be awarded by the council shall be consistent with the adopted strategic agenda, the biennial budget process, and the availability of any resources to the comprehensive university excellence trust fund.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 11, effective May 30, 1997; 2008, ch. 113, § 13, effective July 15, 2008.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (1) at 893.

164.7921. Technology initiative trust fund.

    1. The technology initiative trust fund created by KRS 164.7911 is intended to support investments in electronic technology for postsecondary education throughout the Commonwealth to improve student learning. (1) (a) The technology initiative trust fund created by KRS 164.7911 is intended to support investments in electronic technology for postsecondary education throughout the Commonwealth to improve student learning.
    2. The Council on Postsecondary Education may establish separate subsidiary programs and related accounts to provide financial assistance to the postsecondary education system in acquiring the infrastructure necessary to acquire and develop electronic technology capacity; to encourage shared program delivery among libraries, institutions, systems, agencies, and programs; to provide funding for the Commonwealth Virtual University under KRS 164.800 ; and other programs consistent with the purposes of postsecondary education, the adopted strategic agenda, and the biennial budget process.
  1. The council shall develop the criteria and process for submission of an application under this section. Any university and the Kentucky Community and Technical College System may apply to the council for financial assistance from the technology initiative trust fund. The council shall determine the matching funds or internal reallocation requirements for the applicants to qualify for funding. Financial assistance that may be awarded by the council shall be consistent with the adopted strategic agenda, the biennial budget process, and the availability of any resources to the technology initiative trust fund.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 12, effective May 30, 1997.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (1) at 893.

164.7923. Physical facilities trust fund.

  1. The physical facilities trust fund created by KRS 164.7911 is intended to provide sufficient financial assistance for unexpected contingencies for the construction, improvement, renovation, or expansion of the physical facilities of the postsecondary education system.
  2. The Council on Postsecondary Education shall develop the criteria and process for submission of an application under this section. The physical facilities trust fund shall not replace the existing capital construction provisions and appropriation provisions of state law. Each university or the Kentucky Community and Technical College System may apply to the council for financial assistance from the physical facilities trust fund. Financial assistance that may be awarded by the council shall be consistent with the adopted strategic agenda, the biennial budget process, and the availability of any resources to the physical facilities trust fund.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 13, effective May 30, 1997.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (1) at 893.

164.7925. Postsecondary workforce development trust fund.

  1. The postsecondary workforce development trust fund created by KRS 164.7911 is intended to provide financial assistance to further cooperative efforts among community colleges and technical institutions and for the acquisition of equipment and technology necessary to provide quality education programs.
  2. The Council on Postsecondary Education shall develop the criteria and process for submission of an application under this section. The Kentucky Community and Technical College System may apply to the council for financial assistance from the postsecondary workforce development trust fund. Financial assistance shall be awarded for instructional programs ensuring that the community colleges and the technical institutions are able to continually acquire state-of-the-art equipment and technology needed to accomplish their missions.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 14, effective May 30, 1997.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (1) at 893.

164.7927. Student financial aid and advancement trust fund.

    1. The student financial aid and advancement trust fund created by KRS 164.7911 is intended to provide financial assistance that encourages student access to postsecondary education including regionally accredited or nationally accredited technical institutions and colleges, community colleges, public universities, and regionally accredited private colleges and universities. (1) (a) The student financial aid and advancement trust fund created by KRS 164.7911 is intended to provide financial assistance that encourages student access to postsecondary education including regionally accredited or nationally accredited technical institutions and colleges, community colleges, public universities, and regionally accredited private colleges and universities.
    2. Appropriations shall be made to the trust fund and allotted to universities and the Kentucky Community and Technical College System or to the Kentucky Higher Education Assistance Authority as the Council on Postsecondary Education deems appropriate. Appropriations made to this trust fund may be used for the College Access Program, the Kentucky Tuition Grant Program, or other student financial aid programs as authorized by the General Assembly.
    3. The council shall establish separate subsidiary programs and related accounts that are consistent with this section, the adopted strategic agenda, the biennial budget process, and the availability of any resources to the student financial aid and advancement trust fund.
    1. The Council on Postsecondary Education, in consultation with the Kentucky Higher Education Assistance Authority, shall determine the nature and purposes of budget requests for funding support to the student financial aid and advancement trust fund. The determination shall be based upon the financial assistance needs and requirements of students of postsecondary regionally accredited or nationally accredited private or public institutions. (2) (a) The Council on Postsecondary Education, in consultation with the Kentucky Higher Education Assistance Authority, shall determine the nature and purposes of budget requests for funding support to the student financial aid and advancement trust fund. The determination shall be based upon the financial assistance needs and requirements of students of postsecondary regionally accredited or nationally accredited private or public institutions.
    2. A minimum of twenty-five percent (25%) of the student financial aid and advancement trust fund appropriation shall be allotted for the purpose of assisting individuals whose available income, determined in accordance with part F of Title IV of the Higher Education Act of 1965 as amended, is at or below one hundred percent (100%) of the federal income poverty guidelines. From the foregoing allotment, administrators of programs funded under this section may exercise discretion in accordance with 20 U.S.C. sec. 1087 tt in awarding student financial assistance benefits on a case-by-case basis to individuals with disabilities, as defined by Title II of the Americans with Disabilities Act, 42 U.S.C. secs. 12131 et seq., whose available income is above the federal income poverty guidelines, whether or not the student qualifies for vocational rehabilitation services. Any funds remaining after all eligible students have been served under this paragraph may be used for other purposes as provided in this section.
  1. The council shall develop the criteria and process for submission of an application under this section. Financial assistance that may be awarded by the council shall be consistent with the adopted strategic agenda, the biennial budget process, and the availability of any resources to the student financial aid and advancement trust fund.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 15, effective May 30, 1997.

Compiler's Notes.

Part F of Title IV of the Higher Education Act of 1965, as amended, referenced in subsection (2)(b) herein is compiled as 20 USCS §§ 1087kk through 1087w.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, K, 1, (1) at 893.

164.800. Commonwealth Virtual University — Distance Learning Advisory Committee — Role of council — Institutions involved in program.

  1. The Commonwealth Virtual University shall be the academic programs made available to the citizens of the Commonwealth through the use of modern methods of communications and information dissemination as determined by the Council on Postsecondary Education after consideration of the recommendations of the Distance Learning Advisory Committee and the needs expressed by the regional advisory groups.
  2. The council shall establish a Distance Learning Advisory Committee to advise the council on matters relating to the Commonwealth Virtual University. The members of the advisory committee shall include the presidents of each of the nine (9) state postsecondary education institutions, the executive director of the Kentucky Educational Television Network, a representative of the Association of Independent Kentucky Colleges and Universities, and other representatives as the council deems appropriate. The committee shall elect its chair and other officers as it deems necessary.
  3. The council, after receiving the recommendations of the Distance Learning Advisory Committee, shall establish policies to control and promote the use of distance learning systems to be used by the Commonwealth Virtual University to increase the availability of all postsecondary education programs throughout the state in the most efficient manner. The comprehensive universities shall be the primary developers and deliverers of baccalaureate and master’s degree programs to be delivered by the Commonwealth Virtual University; however, this does not preclude the University of Kentucky, the University of Louisville, or independent colleges from offering baccalaureate and master’s degree programs or other course offerings, and community colleges and technical institutions from offering associate and technical degree programs or other courses through the Commonwealth Virtual University.
  4. The council shall determine the allocation of tuition, course offerings, source of courses, technology to be used, and other matters relating to the use of distance learning to promote education through the Commonwealth Virtual University.

History. Enact. Acts 1997 (1st Ex. Sess.), ch. 1, § 16, effective May 30, 1997; 2008, ch. 113, § 14, effective July 15, 2008.

University of Louisville

164.810. Definitions for KRS 164.810 to 164.870.

  1. As used in KRS 164.810 to 164.870 , the following terms shall have, unless the context shall otherwise indicate, the following meanings:
    1. “University of Louisville” means the university which is situated in a city of the first class, and which has heretofore constituted a municipal university within the meaning and application of KRS 165.010 et seq.;
    2. “Council” means the Council on Postsecondary Education in Kentucky.
  2. Consistent with the provisions of KRS 164.026 and Chapter 239 of the 1968 Kentucky Acts, the University of Louisville shall be maintained as a state institution effective July 1, 1970, subject to its qualification to receive the benefits of such status in the manner set forth in subsection (3) of this section.
  3. The University of Louisville, having been chartered by Chapter 137, Acts of 1845-6, approved February 7, 1846, effective in accordance with its terms on March 15, 1846; having become subject to the laws of the Commonwealth generally applicable to corporations of the same category according to the import of subsection seventeen of Section 59 of the present Constitution of the Commonwealth; and having duly filed in the office of the Secretary of State its acceptance of the present Constitution of the Commonwealth in accordance with Section 190 thereof; may qualify to receive the benefits of its status as a state institution, as provided in KRS 164.810 to 164.870 , by action of its board of trustees in adopting and causing to be filed for public record such proceedings as are required by law, amending its charter or articles of incorporation in such manner as to conform to the provisions of KRS 164.810 to 164.870 .

History. Enact. Acts 1970, ch. 65, § 1; 1978, ch. 155, § 104, effective June 17, 1978; 1980, ch. 188, § 126, effective July 15, 1980; 1997 (1st Ex. Sess.), ch. 1, § 123, effective May 30, 1997.

NOTES TO DECISIONS

  1. State Institution.
  2. Eleventh Amendment Immunity.
1. State Institution.

The University of Louisville is a “State institution” by virtue of this section and as such is sufficiently protected from civil negligence suits by the cloak of sovereign immunity; therefore, the only remedy is to the Kentucky Board of Claims, created in KRS 44.070 . Rooks v. University of Louisville, 574 S.W.2d 923, 1978 Ky. App. LEXIS 639 (Ky. Ct. App. 1978), overruled, Guffey v. Cann, 766 S.W.2d 55, 1989 Ky. LEXIS 4 ( Ky. 1989 ).

2. Eleventh Amendment Immunity.

The University of Louisville was a state agency cloaked with Eleventh Amendment immunity. Graham v. National Collegiate Athletic Ass'n, 804 F.2d 953, 1986 U.S. App. LEXIS 33206 (6th Cir. 1986).

Cited:

University of Louisville v. Martin, 574 S.W.2d 676, 1978 Ky. App. LEXIS 627 (Ky. Ct. App. 1978).

Opinions of Attorney General.

The University of Louisville on July 1, 1970 became a state-supported institution in the sense envisioned by KRS 164.505 and 164.515 . OAG 70-661 .

164.815. University of Louisville — Programs.

  1. The University of Louisville shall provide:
    1. Upon approval of the Council on Postsecondary Education, associate and baccalaureate degree programs of instruction;
    2. Upon approval of the Council on Postsecondary Education, master’s-degree programs, specialist degrees above the master’s-degree level, doctoral degree programs, and joint doctoral programs in cooperation with other public institutions of higher education;
    3. Upon approval of the Council on Postsecondary Education, professional degree programs including medicine, dentistry, law, engineering, and social professions.
  2. The University of Louisville is authorized to provide programs of a community college nature in its own community comparable to those listed for the community college system as provided in this chapter.
  3. The University of Louisville shall continue to be a principal university for the conduct of research and service programs without geographical limitation but subject to the implied limitation of KRS 164.125(2).

History. Enact. Acts 1972, ch. 39, § 6; 1978, ch. 155, § 110, effective June 17, 1978; 1997 (1st Ex. Sess.), ch. 1, § 124, effective May 30, 1997.

164.820. Board of trustees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 65, § 2; 1972, ch. 196, § 5(1); 1976, ch. 137, § 1; 1978, ch. 155, § 111, effective June 17, 1978; 1978, ch. 295, § 8, effective June 17, 1978; 1978, ch. 392, § 6, effective June 17, 1978; 1980, ch. 10, § 4, effective July 15, 1980; 1980, ch.75, § 1, effective July 15, 1980; 1982, ch. 41, § 3, effective July 15, 1982; 1982, ch. 379, § 6, effective April 9, 1982; repealed, reenact. and amend. Acts 1988, ch. 53, § 3, effective July 15, 1988; 1990, ch. 504, § 4, effective July 13, 1990) was repealed by Acts 1992, ch. 10, § 21, effective July 1, 1992. For present law see KRS 164.821 .

Legislative Research Commission Note.

(7/14/92). This section was amended by the 1992 General Assembly and also repealed. Pursuant to KRS 446.260 , the repeal prevails.

164.821. Board of Trustees of University of Louisville — Membership — Terms — Grounds for removal and replacement of all board members.

  1. The government of the University of Louisville is vested in a board of trustees appointed for a term set by law pursuant to Section 23 of the Constitution of Kentucky. The board shall consist of ten (10) members appointed by the Governor, at least one (1) of whom shall be a graduate of the university; one (1) member of the teaching faculty of the University of Louisville who shall be the chief executive of the ranking unit of faculty government; one (1) member of the permanent staff of the University of Louisville who shall be the chief executive of the staff senate; and one (1) student member who shall be the president of the student body during the appropriate academic year. The members appointed by the Governor shall be subject to confirmation by the Senate.
    1. All appointed and elected persons shall be required to attend and complete an orientation and education program prescribed by the council under KRS 164.020(25), as a condition of their service and eligibility for appointment or election to a second term.
    2. Board members may be removed by the Governor under the following circumstances:
      1. For cause, pursuant to KRS 63.080(2); or
      2. Pursuant to KRS 63.080(3) or (4).
    3. New appointees to the board shall not serve more than two (2) consecutive terms.
  2. The student member shall serve a one (1) year term beginning on July 1 after being elected and sworn in as student body president and ending on the following June 30. If the student member does not maintain the position of student body president or the status of a full-time student at any time during that academic year, a special election shall be held to select a full-time student member. The elected student member shall serve for the remainder of the unexpired term.
  3. The faculty member and staff member shall serve one (1) year terms and cease to be eligible for membership on the board of trustees upon termination of their respective relationships with, or leadership positions within, the university, and vacancies occurring for this reason shall be filled for the remainder of the respective terms in the same manner.
  4. The gubernatorial appointments shall serve a term of six (6) years and until their successors are appointed and qualified, unless a member is removed by the Governor pursuant to KRS 63.080(2), (3), or (4), except the initial terms shall be as follows:
    1. Two (2) members shall serve one (1) year terms;
    2. Two (2) members shall serve two (2) year terms;
    3. Two (2) members shall serve three (3) year terms;
    4. Two (2) members shall serve four (4) year terms;
    5. One (1) member shall serve a five (5) year term; and
    6. One (1) member shall serve a six (6) year term.
  5. The Governor shall make his at-large appointments so as to divide the appointed representation upon the board to reflect:
    1. The proportional representation of the two (2) leading political parties in the Commonwealth based on the state’s voter registration and the political affiliation of each appointee as of December 31 of the year preceding the date of his or her appointment. A particular political affiliation shall not be a prerequisite to appointment to the board generally; however, if any person is appointed to the board that does not represent either of the two (2) leading political parties of the Commonwealth, the proportional representation by political affiliation requirement shall be determined and satisfied based on the total number of members on the board less any members not affiliated with either of the two (2) leading political parties; and
    2. No less than the proportional representation of the minority racial composition of the Commonwealth based on the total minority racial population using the most recent census or estimate data from the United States Census Bureau. If the determination of proportional minority representation does not result in a whole number of minority members, it shall be rounded up to the next whole number.
  6. Vacancies among the appointed members of the board occurring by death, resignation, or any other cause, other than expiration of a term, shall be filled by appointments made by the Governor for the remainder of the unexpired term, subject to the qualifications set forth in this section.
  7. Unless specifically approved by the board of trustees under the provisions of KRS 164.367 , no member of the teaching or administrative staff of the university shall be directly or indirectly interested in any contract with the university for the sale of property, materials, supplies, equipment, or services, with the exception of compensation to the faculty, staff, and student members.
  8. The inability of the board to hold regular meetings, to elect a chairperson annually, to establish a quorum, to adopt an annual budget, to set tuition rates, to conduct an annual evaluation of the president of the university, to carry out its primary function to periodically evaluate the institution’s progress in implementing its mission, goals, and objectives to conform to the strategic agenda, or to otherwise perform its duties under KRS 164.830 shall be cause for the Governor to remove all appointed members of the board and replace the entire appointed membership pursuant to KRS 63.080(4).

History. Enact. Acts 1992, ch. 10, § 6, effective July 1, 1992; 1997 (1st Ex. Sess.), ch. 1, § 125, effective May 30, 1997; 2007, ch. 113, § 4, effective June 26, 2007; 2016 ch. 136, § 5, § 9, effective July 15, 2016; 2017 ch. 7, § 1, effective January 9, 2017; 2017 ch. 101, § 8, effective March 21, 2017.

Legislative Research Commission Notes.

(3/21/2017). This statute was amended by 2017 Ky. Acts chs. 7 and 101. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 101, which was last enacted by the General Assembly, prevails under KRS 446.250 .

(7/15/2016). This statute was amended by 2016 Ky. Acts ch. 136, secs. 5 and 9, which do not appear to be in conflict and have been codified together.

Research References and Practice Aids

Kentucky Bench & Bar.

Lear and Fleenor, Board and Commission Appointments: Executive Power — With Limits, Vol. 72, No. 4, July 2008, Ky. Bench & Bar 23.

164.830. Powers of board.

  1. The board of trustees of the University of Louisville shall constitute a body corporate, with the usual corporate powers, and shall possess all the authorities, immunities, rights, privileges, and franchises usually attaching to the governing bodies of Kentucky public higher educational institutions. A majority of the voting members of the board shall constitute a quorum for the transaction of business. Powers of the board shall include the following:
    1. Appointment of a president, all faculty members, and other personnel and determination of the compensation, duties, and official relations of each. No relative of a board of trustee member shall be employed by the university.
    2. Suspension or removal of the president, officers, faculty, agents, or other personnel that it is authorized to appoint, except that no president, professor, or teacher shall be removed except for incompetence, neglect of or refusal to perform his duty, or for immoral conduct and that the removal shall be made in accordance with procedures established by law for state institutions.
    3. Election of a chairperson, a vice chairperson to act in the absence or temporary disability of the chairperson, and any other officers as it deems wise, including the annual election of a six (6) member executive committee which shall have the powers that the board delegates to it and shall operate under the rules the board shall establish under its authority to make bylaws, rules, and regulations consistent with this chapter. The committee shall have one (1) member representing the students, faculty, and nonteaching personnel with the group alternating each year. The initial appointment to the executive committee after January 9, 2017, shall be a faculty member, to be followed by a student and a nonteaching personnel, respectively.
    4. Receipt, retention, and administration, on behalf of the university, subject to the conditions attached, all revenues accruing from endowments, appropriations, allotments, grants or bequests, and all types of property.
    5. Requirement of reports from the president, officers, faculty, and employees as it deems necessary and proper from time to time.
    6. Granting degrees to graduates of the university, prescription of conditions upon which postgraduate honors may be obtained, and conferment of honorary degrees.
    7. The board shall periodically evaluate the institution’s progress in implementing its missions, goals, and objectives to conform to the strategic agenda. Officers and officials shall be held accountable for the status of the institution’s progress.
    8. The board shall adopt bylaws, rules, and regulations for the governance of its members, officers, agents, and employees, which shall reference the member removal and replacement provisions of KRS 63.080 , and the board shall enforce obedience to those bylaws, rules, and regulations.
  2. Board members shall receive no compensation for serving on the board, but shall be reimbursed for travel expenses for attending meetings and performing other official functions, consistent with the reimbursement policy for state employees. Board members who reside outside the Commonwealth shall not be reimbursed for out-of-state travel expenses.
  3. The provisions of KRS 164.030 , 164.200 , and 164.410 , shall be applicable to the University of Louisville except where inconsistent with the purposes of KRS 164.810 to 164.870 .

History. Enact. Acts 1970, ch. 65, § 3; 1988, ch. 257, § 5, effective July 15, 1988; 1992, ch. 10, § 15, effective July 1, 1992; 1997 (1st Ex. Sess.), ch. 1, § 126, effective May 30, 1997; 2017 ch. 7, § 2, effective March 21, 2017; 2017 ch. 101, § 9, effective March 21, 2017.

Legislative Research Commission Notes.

(3/21/2017). This statute was amended by 2017 Ky. Acts chs. 7 and 101, which do not appear to be in conflict and have been codified together.

(7/15/2016). This statute was amended by 2016 Ky. Acts ch. 136, secs. 5 and 9, which do not appear to be in conflict and have been codified together.

OPINIONS OF ATTORNEY GENERAL.

A person may be elected or appointed to a state college or university board of regents or trustees if that person has a relative who is employed by the college or university prior to the election or appointment of the regent or trustee. OAG 2015-09

164.840. Appropriations by city.

  1. The governing body of a city of the first class wherein there is situated a state educational institution affording instruction and conferring degrees above the high school grade may make an annual appropriation from the general funds of the city, or from funds derived from other sources, for the support of such state educational institution. Such appropriation shall be such sum as in the judgment of the governing body of the city shall, when supplemented by other income of the state educational institution, be reasonably necessary for such purposes; and the funds so appropriated by the governing body of the city may be paid to the treasurer of the university by the director of finance of the city in regular monthly installments.
  2. The governing body of such city of the first class may additionally set apart or appropriate as a site or sites for buildings and grounds of such state educational institution any public grounds of the city not specially appropriated or dedicated by ordinance to another use.

History. Enact. Acts 1970, ch. 65, § 4.

164.850. Appropriations by county.

Consistent with subsection (1) of KRS 67.080 , the fiscal court of a county containing a city of the first class wherein there is situated a state educational institution affording instruction and conferring degrees above the high school grade, may appropriate county funds for the benefit of such state educational institution.

History. Enact. Acts 1970, ch. 65, § 5.

164.860. Revenue bonds.

The board of trustees of the University of Louisville may issue revenue bonds of the university for the erection of buildings and appurtenances to be used in connection with the university for educational purposes, and otherwise as provided in KRS 162.340 to 162.380 , and subject to the provisions of KRS Chapter 56, provided, said board of trustees may in its discretion issue such revenue bonds not only for the purposes and in the manner set forth in KRS 162.340 to 162.380 , but also for the purposes of refinancing any mortgages, mortgage bonds, revenue bonds, notes, or other evidences of indebtedness previously issued or incurred by the university in connection with the acquisition of lands or the purchase, erection or other acquisition of buildings and appurtenant facilities for educational purposes of the university. Provided, however, that this section shall not be construed to authorize the issuance of revenue bonds of a face amount in excess of $16,000,000 for the purpose of refinancing any mortgages, mortgage bonds, revenue bonds, notes, or other evidences of indebtedness previously issued or incurred.

History. Enact. Acts 1970, ch. 65, § 6.

164.870. Title to real property.

Proceedings taken by the University of Louisville, through action of its board of trustees, in qualifying to receive the benefits of its status as a state institution, as provided in subsection (3) of KRS 164.810 shall vest in the Commonwealth for the use and benefit of the University of Louisville (without execution and recording of any instruments of conveyance) title to all property which may be vested in the University of Louisville at the date such qualifying action is perfected according to law. The title so vested in the Commonwealth for the use and benefit of the University of Louisville shall be such title as the University of Louisville may own at that time, and shall be subject to such liens and encumbrances as may then exist thereon. Real property thereafter acquired by the University of Louisville or for its use and benefit shall be in accordance with the provisions of KRS 56.020 to 56.060 ; and any such acquisition of real property, and all dispositions of real property of the university, shall be subject to the provisions of KRS 56.440 to 56.520 . Personal property thereafter acquired by the University of Louisville or for its use and benefit shall be in accordance with provisions of KRS 164.830 .

History. Enact. Acts 1970, ch. 65, § 8.

University of Louisville Malpractice Insurance

164.890. Legislative purpose.

It is the purpose of KRS 164.891 to 164.895 to promote the health and general welfare of the people of the Commonwealth by authorizing the University of Louisville to establish from its own funds other than general tax revenues a basic coverage compensation fund to assure that health care malpractice claims or judgments against it, or its agents will be satisfied. Such purpose is hereby declared to be a public purpose for which public funds may be expended.

History. Enact. Acts 1976 (Ex. Sess.), ch. 4, § 1.

NOTES TO DECISIONS

Cited:

Dunlap v. University of Kentucky Student Health Servs. Clinic, 716 S.W.2d 219, 1986 Ky. LEXIS 300 ( Ky. 1986 ).

Research References and Practice Aids

Northern Kentucky Law Review.

Notes, University of Louisville v. O’Bannon: Retroactive Application of Board of Claims Act Amendments, 18 N. Ky. L. Rev. 121 (1990).

164.891. Definitions for KRS 164.890 to 164.895.

  1. “Basic coverage compensation fund” means the fund which may be established by the University of Louisville for the purpose of paying claims or judgments for personal injury or death to patients resulting from any tort or breach of duty based on health care services rendered or which should have been rendered by the university or its agents. This fund shall also include all contributions, annual contributions made to the fund by the university together with such income as may be received from time to time from the investment of the funds in said fund by the secretary.
  2. “Secretary” means the secretary of the Finance and Administration Cabinet.
  3. “Agents” means members of the board of trustees of the university, the board of directors of its hospital, its faculty, hospital staff nurses, nurses aides, volunteer workers, employees and students, including residents and interns, and all other persons involved in furnishing health care within the scope of their duties or courses of study in connection with the University of Louisville. Employed physicians and dentists are agents of the university and within the scope of their duties when rendering professional services in emergencies and other special circumstances so long as such services do not constitute private practice outside the university hospital upon patients not involved in teaching or research and for which the physician or dentist derives income.
  4. “University” means the University of Louisville.
  5. “Excess coverage fund” means the funds that may be made available through appropriations made by the General Assembly to pay judgments hereunder upon exhaustion of the basic coverage compensation fund.

History. Enact. Acts 1976 (Ex. Sess.), ch. 4, § 2; 1978, ch. 346, § 1, effective June 17, 1978.

NOTES TO DECISIONS

Cited:

Blue v. Pursell, 793 S.W.2d 823, 1989 Ky. App. LEXIS 124 (Ky. Ct. App. 1989).

164.892. Basic coverage compensation fund — Management and use — Approval of settlements — Disbursement of funds — Annual contributions — Investigation and certification of claims.

  1. The board of trustees of the university may, at its election, establish a basic coverage compensation fund for the benefit and protection from liability of itself and its agents. Promptly after the board of trustees of said university has elected to establish a basic coverage compensation fund, the university shall pay to the State Treasurer the sum of three hundred fifty thousand dollars ($350,000) in the manner and within the time specified in subsection (3) of this section.
  2. Upon receipt of the initial payment of eighty-seven thousand five hundred dollars ($87,500), the State Treasurer shall create a separate account to be designated as the “Basic Coverage Compensation Fund, University of Louisville” and there shall be credited to said fund the initial payment of eighty-seven thousand five hundred dollars ($87,500), all income thereafter earned from the investment of said fund and all contributions thereafter made by the university to said fund. Unexpended and unencumbered balances in any fund created hereunder shall be carried forward and be available for expenditure in succeeding fiscal years notwithstanding the provisions of KRS 45.229 or any other provision of the Kentucky Revised Statutes. No portion of said fund shall ever lapse to the general fund and income earned from the investment of funds standing to the credit of said account shall accrue and be credited thereto, notwithstanding the provisions of KRS 42.500 or any other provision of the Kentucky Revised Statutes. Upon termination of said fund for any reason, the balance therein shall revert to the university.
  3. The university shall make an initial payment of eighty-seven thousand five hundred dollars ($87,500) upon action by its board of trustees as described in KRS 164.895 . Annual payments of eighty-seven thousand five hundred dollars ($87,500) shall be made thereafter until the university has paid a total of three hundred fifty thousand dollars ($350,000) into the “basic coverage compensation fund, University of Louisville,” except that when the university commences the operation of a teaching hospital, the difference between the total of all annual payments made into the basic coverage compensation fund and the sum of three hundred fifty thousand dollars ($350,000) shall become due and payable.
  4. The funds held in any fund created under KRS 164.890 to 164.895 shall be expended solely in payment of claims and judgments for liability arising in favor of any patient from treatment performed or furnished, or treatment that should have been performed or furnished by the university or its agents. The liabilities which said fund shall be created to discharge are all liabilities from acts or omissions to act which may have occurred since July 1, 1976, and which may occur in the future and which no entity other than the university and its agents is or will be obligated either by law or contract to pay and discharge.
  5. No settlement shall be made of any claim for personal injury or death to any claimant arising out of the furnishing or failure to furnish medical care by the university and its agents, until and unless the board of trustees of the university, or its duly designated agent or body has first approved of such settlement. The board of trustees of the university shall also have the right to determine whether or not an appeal shall be taken from any judgment rendered against it or its agents, when such claim is founded upon or arises out of the furnishing or failure to furnish medical care. Provided, however, that if the payment of a judgment would involve expenditures from appropriations of general funds of the Commonwealth then such payment must also be approved by the secretary, or his delegate.
  6. Funds held in any account created hereunder may be disbursed by the secretary only upon the written certification of the university, or its duly designated agent, of the amount to be disbursed and the name of the person or persons to whom such funds shall be paid.
  7. In addition to the payments to said fund required to be made in subsection (3) of this section, annual contributions to said fund shall be made by the university in an amount which will be not less than one hundred fifty percent (150%) of the average amounts actually paid in each year on medical malpractice claims for the five (5) years next preceding the making of the annual contribution. Provided, however, that if the university and the secretary shall at any time in the future mutually determine, based on sound actuarial principles, that an annual contribution in a lesser amount will not impair the adequacy of the fund to satisfy existing and potential health care malpractice claims for a period of one (1) year, then an annual contribution in such lesser amount as may be determined may be made.
  8. The university shall be solely responsible for the investigation and servicing of all claims made against it arising out of medical malpractice and all costs, expenses, and fees incurred in the investigation, servicing and defense of all such claims shall be borne and paid by the university.
  9. Claims and judgments certified to be paid by the university shall be paid in the order received by the secretary. If the basic coverage compensation fund created by contribution from the university shall at any time fail to have sufficient funds to pay all such judgments, then they shall be paid out of the excess coverage fund upon certification by the secretary. Said excess coverage fund shall be expended only upon exhaustion of the basic coverage compensation fund and any liability insurance from any source whatsoever.

History. Enact. Acts 1976 (Ex. Sess.) ch. 4, § 3; 1978, ch. 346, § 2, effective June 17, 1978; 1982, ch. 382, § 26, effective July 15, 1982; 1982, ch. 450, § 71, effective July 1, 1983; 1984, ch. 111, § 103, effective July 13, 1984.

164.893. Termination of fund.

Any fund created hereunder may be terminated upon written application made to the secretary by the university and a finding by the secretary that other satisfactory and adequate arrangements have been made by the university to assure that both existing and future health care malpractice claims or judgments against it will be paid and satisfied. Upon the termination of any fund pursuant to this section, the full amount remaining in said fund upon termination less any outstanding indebtedness shall promptly be repaid to the university.

History. Enact. Acts 1976 (Ex. Sess.), ch. 4, § 4; 1978, ch. 346, § 3, effective June 17, 1978.

164.894. Qualification of university as self-insurer.

The creation of a basic coverage compensation fund pursuant to KRS 164.890 to 164.895 and the compliance with all other provisions of KRS 164.890 to 164.895 shall qualify the university as a self-insurer under the terms of KRS 304.40-330 (4).

History. Enact. Acts 1976 (Ex. Sess.), ch. 4, § 5.

Compiler’s Notes.

KRS 304.40-330 (4), referred to in this section, has been repealed.

164.895. Authority of board of trustees.

The board of trustees of the University of Louisville is hereby authorized to take all action that may be necessary to avail itself of the benefits of KRS 164.890 to 164.895 .

History. Enact. Acts 1976 (Ex. Sess.), ch. 4, § 6.

Medical Education Programs

164.900. Kentucky Health Service — Duties and goals. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 512, § 68, effective July 15, 1994) was repealed by Acts 1996, ch. 371, § 64, effective July 15, 1996.

164.902. Comprehensive minority health professions education program — Biennial report. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 512, § 69, effective July 15, 1994) was repealed by Acts 1996, ch. 371, § 64, effective July 15, 1996.

164.904. Biennial report on health needs and problems of minority Kentuckians — Cross-disciplinary training of health care professionals — Physician-extender training programs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 512, § 70, effective July 15, 1994) was repealed by Acts 1996, ch. 371, § 64, effective July 15, 1996.

164.906. Healthy life-styles program. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 512, § 71, effective July 15, 1994) was repealed by Acts 1996, ch. 371, § 64, effective July 15, 1996.

Medical School Curriculum; Primary Care Residency

164.910. Teaching of general practice of medicine in all medical schools receiving state financial assistance.

Each and every medical school established and assisted financially by the State of Kentucky shall include in the curriculum a department of general practice of medicine under the direction and supervision of a qualified general practitioner. The minimum requirements for the department shall include courses of study in family care including clinical experience, a program of preceptorships, a program of internships or general practice residencies in a hospital and such other teaching techniques as in the judgment of the management of the school shall be best suited to encourage and implement the preparation of students for the general practice of medicine.

History. Enact. Acts 1970, ch. 240, § 1.

164.915. Optional plan for medical education for family practice and general practice.

The Colleges of Medicine at the University of Kentucky and the University of Louisville shall submit to the Council on Postsecondary Education a joint plan which defines an optional course of medical education for family practice and general practice physicians in a period of six (6) years following completion of secondary school. Family practice residency programs shall be completed in the two (2) years subsequent to the completion of medical education.

History. Enact. Acts 1990, ch. 482, § 18, effective July 13, 1990; 1997 (1st Ex. Sess.), ch. 1, § 127, effective May 30, 1997.

Research References and Practice Aids

Northern Kentucky Law Review.

Costich, The Kentucky Health Reform Act, 22 N. Ky. L. Rev. 381 (1995).

164.925. Definition of “primary care.”

As used in KRS 164.927 to 164.933 , unless the context otherwise requires, “primary care” means the practice of medicine as provided by professionals in family/general practice, general pediatrics, general internal medicine, emergency medicine, general obstetrics and gynecology, and preventative medicine/public health. Primary care is a type of medical care delivery which emphasizes first contact care and assumes ongoing responsibility for the patient in both health maintenance and therapy of illness. It is personal care involving a unique interaction and communication between the patient and the physician. It is comprehensive in scope, and includes the overall coordination of the care of the patient’s health problems, be they biological, behavioral or social. The appropriate use of consultants and community resources is an important part of effective primary care.

History. Enact. Acts 1976, ch. 42, § 1; 1978, ch. 310, § 1, effective June 17, 1978.

164.927. Increase of residency positions in primary care disciplines.

The University of Kentucky and the University of Louisville, and their affiliated programs are hereby authorized to increase the number of residency positions for medical school graduates in primary care disciplines from the fiscal 1976 level by a total of seventy-six (76) additional positions during the 1977-78 biennium. These new positions shall be established in the following manner:

  1. For the fiscal year 1977 there shall be established twenty-eight (28) new positions; for fiscal year 1978 there shall be forty-eight (48) new positions.
  2. To provide adequate faculty supervision for these new residency positions, one (1) faculty position (1 FTE) is hereby authorized for each additional four (4) new residency positions established under the provisions of KRS 164.925 to 164.933 .
  3. The number of the residency positions to be established at the University of Kentucky and at the University of Louisville shall be determined by the Council on Postsecondary Education, using the policies and procedures for determining the allocation of these new residency positions as provided in KRS 164.929 .

History. Enact. Acts 1976, ch. 42, § 2; 1978, ch. 155, § 104, effective June 17, 1978; 1997 (1st Ex. Sess.), ch. 1, § 128, effective May 30, 1997.

164.929. Sponsorship of residency positions — Approval of sites — Funding priority — Policies and procedures for determination of allocation.

  1. All new residency positions shall be sponsored by the University of Kentucky or the University of Louisville. The residency positions created by KRS 164.927 shall be served in sites approved by the appropriate specialty board for certification and by the Council on Postsecondary Education.
  2. Funding priority shall be given to programs in which all or a portion of the residency occurs in sites away from both the University of Kentucky and the University of Louisville.
  3. Each individual serving a residency under KRS 164.927 shall, within the total period of residency, undertake a minimum of three (3) months education in a community facility in Kentucky outside the counties of Fayette and Jefferson, or in any institution serving a medically underserved community as designated by the United States Department of Health, Education and Welfare, subject to the approval of the certifying board in each specialty, provided however that not more than twenty-five percent (25%) of the individuals from each university funded under this section shall be permitted to satisfy the three (3) month requirement in a medically underserved area in the counties of Fayette and Jefferson.
  4. The University of Kentucky and the University of Louisville shall recommend policies and procedures for determining the allocation of new residency positions for approval by the Council on Postsecondary Education using the following criteria:
    1. The available or expected number and types of qualified faculty necessary for the proper degree of supervision and teaching;
    2. The scope and volume of patient care;
    3. The amount of available physical facilities;
    4. The current number and types of residency positions offered at each university;
    5. Regional needs for the manpower trained under the provisions of KRS 164.927 to 164.933 ;
    6. The extent of involvement in education in primary care in ambulatory care settings; and
    7. Any other criteria which may be developed by the University of Kentucky and the University of Louisville and accepted by the Council on Postsecondary Education.

History. Enact. Acts 1976, ch. 42, § 3; 1978, ch. 155, § 104, effective June 17, 1978; 1978, ch. 384, § 49, effective June 17, 1978; 1980, ch. 318, § 1, effective July 15, 1980; 1997 (1st Ex. Sess.), ch. 1, § 129, effective May 30, 1997.

164.931. Preference to Kentucky medical school graduates and residents.

Graduates of Kentucky medical schools and residents of Kentucky who are graduates of other medical schools in the United States shall be given preference over graduates of foreign medical schools when selecting individuals for residency positions established under KRS 164.925 to 164.933 .

History. Enact. Acts 1976, ch. 42, § 4.

164.933. Coordination of activities by Council on Postsecondary Education.

The Council on Postsecondary Education shall coordinate the activities of the participating institutions, as described in KRS 164.925 to 164.931 , to insure a comprehensive program for training individuals for the delivery of primary care in the Commonwealth.

History. Enact. Acts 1976, ch. 42, § 5; 1978, ch. 155, § 104, effective June 17, 1978; 1997 (1st Ex. Sess.), ch. 1, § 130, effective May 30, 1997.

Rural Health Care

164.935. Physician recruitment and placement services for underserved geographic areas.

  1. As used in this section:
    1. “Physician” means a medical doctor practicing full-time family medicine, general obstetrics and gynecology, general pediatrics, or general internal medicine; and
    2. “Underserved geographic area” means a county in which the ratio between physicians practicing full-time in that county and the county’s population results in each physician serving two thousand five hundred (2,500) or more residents, based on population data acceptable to either the University of Kentucky or the University of Louisville.
  2. The University of Kentucky and University of Louisville shall establish and maintain physician recruitment and placement services, the principal function of which shall be to recruit or place family or general practice physicians in underserved geographic areas. The Cabinet for Health and Family Services shall pay each university fifty thousand dollars ($50,000) annually for basic administrative costs in addition to the fees enumerated in subsection (4) of this section.
  3. Physician recruitment and placement services may be contracted by licensed health-care facilities or services to assist in recruiting physicians in underserved geographic areas. Fees shall be charged by the University of Kentucky or the University of Louisville to the contracting party in an amount not to exceed ten thousand dollars ($10,000) per physician.
  4. If no licensed health-care facility or service has contracted for recruitment services, when the University of Kentucky or the University of Louisville places a physician in an underserved geographic area or a psychiatrist in a state mental health facility, the following fees shall be paid to the university by the Cabinet for Health and Family Services, the total of which shall not exceed fifty thousand dollars ($50,000) per university in addition to the fifty thousand dollars ($50,000) per university enumerated in subsection (2) of this section:
    1. Ten thousand dollars ($10,000) for a family practice physician entering permanent, full-time practice;
    2. Ten thousand dollars ($10,000) for a psychiatrist entering full-time permanent employment in a state mental health facility;
    3. Eight thousand dollars ($8,000) for a general obstetrician-gynecologist entering permanent, full-time practice;
    4. Two thousand dollars ($2,000) for a general pediatrician or general internal medicine practitioner entering permanent, full-time practice; and
    5. One thousand dollars ($1,000) for any other licensed medical practitioner entering permanent, full-time practice.
  5. Fees paid to the universities under the provisions of subsection (3) of this section shall be made only after sufficient proof has been presented documenting the university’s principal role in influencing the physician’s practice location. Correspondence from physicians placed, as well as all other parties directly involved, shall state that the university substantially influenced the physician’s choice of practice location and describe in detail the services provided by the university.

History. Enact. Acts 1990, ch. 482, § 14, effective July 13, 1990; 1998, ch. 426, § 120, effective July 15, 1998; 2005, ch. 99, § 141, effective June 20, 2005.

164.937. Center of Excellence in Rural Health.

  1. The University of Kentucky shall maintain a Center of Excellence in Rural Health.
  2. The mission of the Center of Excellence in Rural Health shall be the improvement of the health of all rural Kentuckians and the improvement of rural health care systems through education, research, and service.
  3. The Center of Excellence in Rural Health shall:
    1. Support a site-based director, core faculty, and staff;
    2. Collect and maintain statistical and other information relating to rural health status, rural health care systems, rural health policy, and other issues affecting the health and well-being of rural populations;
    3. Collect, analyze, interpret, disseminate, and make recommendations regarding the availability, distribution, and sufficiency of the health professions workforce;
    4. Provide educational opportunities for students committed to rural health care:
      1. To obtain education in needed health professions as determined by the workforce analyses, rotating these programs as necessary;
      2. By testing and developing innovative models for learning; and
      3. By reserving funds budgeted for specific educational programs that in the future are deemed no longer necessary for use for educational programs for other health professions;
    5. Maintain site-based family practice residencies;
    6. Serve as the federally designated Office of Rural Health and perform the duties prescribed by the United States Health Resources and Services Administration;
    7. Demonstrate or provide innovative programs that improve the health of rural Kentuckians and strengthen rural health care systems; and
    8. Advocate for rural health care.
  4. To the extent additional funds are appropriated, the Center of Excellence in Rural Health shall establish additional sites throughout the Commonwealth as necessary to achieve the mission of the center.
  5. Nothing in this section shall be construed to restrict the study of rural health policies, workforce analyses, or the training of health professionals in or for rural or medically underserved areas by other state universities.
  6. The University of Kentucky shall report to the Council on Postsecondary Education and the Legislative Research Commission a detailed, audited statement of expenditures for each program function in the Center of Excellence for Rural Health Care by September 1 of each year which enumerates expenditures for the preceding fiscal year.

History. Enact. Acts 1990, ch. 482, § 15, effective July 13, 1990; 1997 (1st Ex. Sess.), ch. 1, § 131, effective May 30, 1997; 2001, ch. 30, § 1, effective June 21, 2001.

164.938. Rural health education program.

The University of Louisville shall develop a rural health education program which shall:

  1. Coordinate clinical rotations for health science students;
  2. Maintain rural health science libraries;
  3. Expand a family practice residency program at a regional medical center with decentralized clinical practice sites;
  4. Implement the provisions of KRS 164.935 ;
  5. Maintain clinical training sites for students in the health professions; and
  6. Provide continuing education for health care professionals.

History. Enact. Acts 1990, ch. 482, § 16, effective July 13, 1990.

University of Kentucky Medical Center Malpractice Insurance

164.939. Legislative purpose.

It is the purpose of KRS 164.939 to 164.944 to promote the health and general welfare of the people of the Commonwealth by authorizing the University of Kentucky to establish from its own funds other than general tax revenues a basic coverage compensation fund to assure itself that health care malpractice claims or judgments against itself, or its agents will be satisfied. Such purpose is hereby declared to be a public purpose for which public funds may be expended.

History. Enact. Acts 1976, ch. 348, § 1.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Construction.
  3. Sovereign Immunity.
1. Constitutionality.

The primary function of the University of Kentucky Medical Center clinic activities is to further the educational and service goals of the medical center; accordingly, the statutory provisions for medical malpractice coverage for clinical employes do not violate Const., § 3 or 7, since the coverage is being provided for public services and promotes the general welfare and prosperity of those taxed to sustain it. Board of Trustees v. Commonwealth, 625 S.W.2d 867, 1981 Ky. App. LEXIS 306 (Ky. Ct. App. 1981).

The provisions extending malpractice coverage to the University of Kentucky Medical Center, this section to KRS 164.944 , create, at most, a contingent liability against the Commonwealth; accordingly, they do not create a debt within the concept of debt as used in Const., § 50, nor an encumbrance of future general revenues as prohibited by Const., § 177. Board of Trustees v. Commonwealth, 625 S.W.2d 867, 1981 Ky. App. LEXIS 306 (Ky. Ct. App. 1981).

The University of Kentucky Medical Malpractice Insurance Act, KRS 164.939 to 164.944 , is not arbitrary and discriminatory in violation of Const., § 59. Dunlap v. University of Kentucky Student Health Servs. Clinic, 716 S.W.2d 219, 1986 Ky. LEXIS 300 ( Ky. 1986 ).

2. Construction.

The plain, unmistakable meaning of the University of Kentucky Medical Malpractice Insurance Act, KRS 164.939 to 164.944 , is a partial waiver of governmental immunity for the hospital to the extent that this insurance fund has been provided for by this act. Dunlap v. University of Kentucky Student Health Servs. Clinic, 716 S.W.2d 219, 1986 Ky. LEXIS 300 ( Ky. 1986 ).

3. Sovereign Immunity.

The University of Kentucky Medical Center Malpractice Insurance Act does not act as an express waiver of sovereign immunity. Withers v. University of Kentucky, 939 S.W.2d 340, 1997 Ky. LEXIS 29 ( Ky. 1997 ).

Cited:

Kestler v. Transit Auth., 758 S.W.2d 38, 1988 Ky. LEXIS 63 ( Ky. 1988 ); Green River Dist. Health Dep’t v. Wigginton, 764 S.W.2d 475, 1989 Ky. LEXIS 5 ( Ky. 1989 ); University of Louisville v. O’Bannon, 770 S.W.2d 215, 1989 Ky. LEXIS 12 ( Ky. 1989 ); Blue v. Pursell, 793 S.W.2d 823, 1989 Ky. App. LEXIS 124 (Ky. Ct. App. 1989); Hutsell v. Sayre, 5 F.3d 996, 1993 U.S. App. LEXIS 24888 (6th Cir. 1993), cert. denied, 510 U.S. 1119, 114 S. Ct. 1071, 127 L. Ed. 2d 389, 1994 U.S. LEXIS 1541, 62 U.S.L.W. 3551 (1994).

Research References and Practice Aids

Kentucky Law Journal.

Snell, A Plea for a Comprehensive Liability Statute, 74 Ky. L.J. 521 (1985-86).

Northern Kentucky Law Review.

Notes, University of Louisville v. O’Bannon: Retroactive Application of Board of Claims Act Amendments, 18 N. Ky. L. Rev. 121 (1990).

164.940. Definitions.

  1. “Basic coverage compensation fund” means the fund which may be established by the University of Kentucky for the purpose of paying claims or judgments for personal injury or death to patients resulting from any tort or breach of duty based on health care services rendered or which should have been rendered by the university or its agents. This fund shall include all annual contributions made to the fund by the university.
  2. “Secretary” means the secretary of the Finance and Administration Cabinet.
  3. “Agents” means members of the board of trustees of the university, its faculty, hospital staff, nurses, nurses’ aides, volunteer workers, employees and students and all other persons involved in furnishing health care within the scope of their duties or courses of study in connection with the University of Kentucky. Employed physicians and dentists are agents of the university and within the scope of their duties when rendering professional services in emergencies and other special circumstances so long as such services do not constitute private practice for which the physician or dentist derives income.
  4. “University” means the University of Kentucky.
  5. “Excess coverage fund” means funds available through appropriations made by the General Assembly to pay judgments hereunder upon exhaustion of the basic coverage compensation fund.

History. Enact. Acts 1976, ch. 348, § 2; 1978, ch. 394, § 1, effective June 17, 1978.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Agents.
1. Constitutionality.

The creation of the excess medical malpractice coverage fund in subsection (5) of this section and the expenditure of the fund under KRS 164.941(8) do not violate Const., § 50, since the General Assembly is not obligated to appropriate future general revenues to the fund and, thus, the provisions do not prevent future legislatures from exercising their discretion in making appropriations. Board of Trustees v. Commonwealth, 625 S.W.2d 867, 1981 Ky. App. LEXIS 306 (Ky. Ct. App. 1981).

2. Agents.

Where the University of Kentucky Medical Center operates a clinic to promote education, research and public service, and the center employees who generate clinical income share in the revenue in addition to receiving a set salary, such clinical practice is not tantamount to part-time private practice by the employees; accordingly, the clinical activity is classified as “special circumstances” under subsection (3) of this section and the clinical employees are “agents” covered by the medical malpractice insurance statutes. Board of Trustees v. Commonwealth, 625 S.W.2d 867, 1981 Ky. App. LEXIS 306 (Ky. Ct. App. 1981).

164.941. Basic coverage compensation fund — Management and use — Settlement of claims — Contributions to funds.

  1. The board of trustees of the university may, at its election, establish a basic coverage compensation fund for the benefit and protection from liability of itself and its agents. Promptly after the board of trustees of said university has elected to establish a basic coverage compensation fund, the university shall pay to the State Treasurer the sum of three hundred fifty thousand dollars ($350,000).
  2. Upon receipt of said payment of three hundred fifty thousand dollars ($350,000) the State Treasurer shall create a separate account to be designated as the “Basic Coverage Compensation Fund, University of Kentucky” and there shall be credited to said fund the initial payment of three hundred fifty thousand dollars ($350,000), all income thereafter earned from the investment of said fund, and all contributions thereafter made by the university. Unexpended and unencumbered balances in any fund created hereunder shall be carried forward and be available for expenditure in succeeding fiscal years notwithstanding the provisions of KRS 45.229 or any other provision of the Kentucky Revised Statutes. No portion of said fund shall ever lapse to the general fund and income earned from the investment of funds standing to the credit of said account shall accrue and be credited thereto, notwithstanding the provisions of KRS 42.500 or any other provision of the Kentucky Revised Statutes. Upon termination of said fund for any reason, the balance therein shall revert to the university.
  3. The funds held in any fund created under KRS 164.939 to 164.944 shall be expended solely in payment of claims for liability arising in favor of any patient from treatment performed or furnished, or treatment that should have been performed or furnished by the university or its agents. The liabilities which said fund shall be created to discharge are all liabilities from acts or omissions to act which may have occurred since July 1, 1975 and which may occur in the future which no entity other than the university and its agents is or will be obligated either by law or contract to pay and discharge.
  4. No settlement shall be made of any claim for personal injury or death to any claimant arising out of the furnishing or failure to furnish medical care by the university and its agents, until and unless the board of trustees of the university, or its duly delegated agent or body has first approved of such settlement. The board of trustees of the university shall also have the right to determine whether or not an appeal shall be taken from any judgment rendered against it or its agents, when such claim is founded upon or arises out of the furnishing or failure to furnish medical care. Provided, however, that if the payment of a judgment would involve expenditures from appropriations of general funds of the Commonwealth under the provisions of subsection (8) of this section then any payment from said fund must also be approved by the secretary, or his delegate.
  5. Funds held in an account created hereunder may be disbursed by the secretary only upon the written certification of the university, or its duly designated agent, of the amount to be disbursed and the name of the person or persons to whom such funds shall be paid.
  6. Annual contributions to said fund shall be made by the university in an amount which will be not less than one hundred fifty percent (150%) of the average amounts actually paid in each year on medical malpractice claims for the five (5) years next preceding the making of the annual contribution. In the event the university terminates its commercial excess insurance coverage then said annual contributions shall be in the amount of two hundred fifty thousand dollars ($250,000) with the first contribution being due and payable within twelve (12) months next following the month in which such insurance is terminated. Provided, however, that if the university and the secretary shall at any time in the future, based upon accepted actuarial principles, mutually determine that an annual contribution in a lesser amount will not impair the adequacy of the fund to satisfy existing and potential health care malpractice claims for a period of one year, then an annual contribution in such lesser amount as may be determined may be made.
  7. The university shall be solely responsible for the investigation and servicing of all claims made against it arising out of medical malpractice and all costs, expenses and fees incurred in the investigation, servicing and defense of all such claims shall be borne and paid by the university.
  8. Claims or judgments certified to be paid by the university shall be paid in the order received by the secretary. If the basic coverage compensation fund created hereunder shall at any time fail to have sufficient funds to pay all judgments, then they shall be paid out of the excess coverage fund upon certification of the obligation by the secretary and the university. Said excess fund shall be expended only upon exhaustion of the basic coverage compensation fund and any insurance from any source whatsoever.

History. Enact. Acts 1976, ch. 348, § 3; 1978, ch. 394, § 2, effective June 17, 1978; 1982, ch. 382, § 27, effective July 15, 1982; 1982, ch. 450, § 72, effective July 1, 1983.

NOTES TO DECISIONS

1. Constitutionality.

The creation of the excess medical malpractice coverage fund in subsection (5) of KRS 164.940 and the expenditure of the fund under subsection (8) of this section do not violate Const., § 50, since the General Assembly is not obligated to appropriate future general revenues to the fund and, thus, the provisions do not prevent future legislatures from exercising their discretion in making appropriations. Board of Trustees v. Commonwealth, 625 S.W.2d 867, 1981 Ky. App. LEXIS 306 (Ky. Ct. App. 1981).

Cited:

Dunlap v. University of Kentucky Student Health Servs. Clinic, 716 S.W.2d 219, 1986 Ky. LEXIS 300 ( Ky. 1986 ); Kestler v. Transit Auth., 758 S.W.2d 38, 1988 Ky. LEXIS 63 ( Ky. 1988 ).

164.942. Termination of fund.

The basic coverage compensation fund created hereunder may be terminated upon written application made to the secretary by the university and a finding by the secretary that other satisfactory and adequate arrangements have been made by the university to assure that both existing and future health care malpractice claims or judgments against itself will be paid and satisfied.

History. Enact. Acts 1976, ch. 348, § 4; 1978, ch. 394, § 3, effective June 17, 1978.

164.943. University qualified as self-insurer. [Repealed.]

Compiler’s Notes.

This section (Acts 1976, ch. 348, § 5) was repealed by Acts 1978, ch. 394, § 4, effective June 17, 1978.

164.944. Action authorized by board of trustees.

The board of trustees of the University of Kentucky is hereby authorized to take all action that may be necessary to avail itself of the benefits of KRS 164.939 to 164.944 .

History. Enact. Acts 1976, ch. 348, § 6.

Licensing of Nonpublic Colleges

164.945. Definitions for KRS 164.945 to 164.947.

As used in KRS 164.945 to 164.947 , unless the context otherwise requires:

    1. “College” means any educational facility or institution maintained or conducted by any person, association, partnership, corporation, or trust and operating as an institute, junior college, college, university, or entity of whatever kind which awards a degree, diploma, or other statement of recognition purporting to indicate a level of collegiate attainment beyond secondary school graduation. This definition includes private colleges located in Kentucky, private colleges located outside of Kentucky but which operate in Kentucky, and public colleges located outside of Kentucky but which operate in Kentucky. (1) (a) “College” means any educational facility or institution maintained or conducted by any person, association, partnership, corporation, or trust and operating as an institute, junior college, college, university, or entity of whatever kind which awards a degree, diploma, or other statement of recognition purporting to indicate a level of collegiate attainment beyond secondary school graduation. This definition includes private colleges located in Kentucky, private colleges located outside of Kentucky but which operate in Kentucky, and public colleges located outside of Kentucky but which operate in Kentucky.
    2. The term “college” does not include state-supported colleges and universities authorized by KRS 164.100 , 164.290 , 164.580 , and 164.810 , nor does it include colleges licensed or approved for establishment and operation under the statutory authority given to the Kentucky Board of Barbering under KRS 317.430 , the Kentucky Board of Cosmetology under KRS 317A.030 , the Kentucky Commission on Proprietary Education under KRS 165A.340 , or the State Board of Nursing under KRS 314.121 .
  1. “Degree” means any academic or honorary title of designation, mark, appellation, series of letters, numbers or words, such as, but not limited to, associate, bachelors, masters, doctorate, or fellow, which signifies, purports, or is generally taken to signify satisfactory completion of the requirements of an academic, educational, or professional program of study beyond the secondary school level.
  2. “Diploma” means a certificate, transcript, report, document, or title of designation, mark, appellation, series of letters, numbers, or words which signifies, purports, or is generally taken to signify attendance, progress, or achievement in an academic program.

History. Enact. Acts 1972, ch. 165, § 1; 1990, ch. 519, § 2, effective July 13, 1990; 1992, ch. 230, § 1, effective July 14, 1992; 2012, ch. 76, § 22, effective July 12, 2012; 2018 ch. 46, § 30, effective March 29, 2018.

NOTES TO DECISIONS

Cited:

Ctr. College v. Trzop, 127 S.W.3d 562, 2003 Ky. LEXIS 263 ( Ky. 2003 ).

Opinions of Attorney General.

If it is determined that the Council on Higher Education has licensing responsibilities for all the programs offered by a proprietary institution when there is at least one program offered at the bachelor’s level, it would be permissible to develop a Memorandum of Agreement between the State Board for Proprietary Education and the Council on Higher Education providing for the assistance and recommendation of the State Board for Proprietary Education regarding the evaluation of programs offered by proprietary institutions at the associate level or below; the responsibility for licensure would remain with the Council on Higher Education. OAG 91-2 .

When a proprietary institution has both associate and baccalaureate programs, the Council on Higher Education alone has licensure jurisdiction. OAG 91-2 .

This section to 164.947 do not exempt religiously affiliated institutions from colleges and universities that are regulated by the Council on Higher Education, for the purpose of protecting citizens and bona fide institutions of the Commonwealth; KRS 164.947 focuses specifically on secular aspects of college programs and this section does not exempt religiously affiliated educational institutions from the definition of colleges to be licensed by the council. OAG 91-14 .

The General Assembly has enacted a scheme where institutions of learning desiring to use the word “college” or “university” must be licensed by the Council on Higher Education, and comply with the regulations. Once such an institution has been recognized by the Council on Higher Education, by licensure, jurisdiction over that college is transferred from the State Board for Proprietary Education to the Council on Higher Education. OAG 91-34 .

164.946. Declaration of intent for KRS 164.945 to 164.947.

It is the purpose of KRS 164.945 to 164.947 to promote and to enhance the opportunity for higher education in Kentucky by giving recognition and approval to bona fide colleges and universities as a protection to such bona fide institutions and as a protection to the citizens of the Commonwealth against those agencies and institutions of whatever name or organization which resort to fraudulent practices, unfair competition, or substandard educational programs.

History. Enact. Acts 1972, ch. 165, § 2.

NOTES TO DECISIONS

1. Due Process Regulations.

Regulations requiring due process procedures for private colleges, which were adopted under KRS 164.945 to 164.947 , did not authorize recovery under KRS 446.070 because they are not consistent with their enabling legislation; therefore, summary judgment was properly granted in favor of a private college in a student’s action that alleged that the college failed to provide due process protections before dismissing the student for the unauthorized possession of a knife. Ctr. College v. Trzop, 127 S.W.3d 562, 2003 Ky. LEXIS 263 ( Ky. 2003 ).

Opinions of Attorney General.

The provision of former 13 KAR 1:015, § 2(7), which required that any licensure application by an out-of-state nonpublic college or institution must establish the need for the proposed program in this Commonwealth, and that the council on higher education shall determine that such need cannot reasonably be met by colleges located in this Commonwealth before a license shall be granted, was an invalid basis on which to deny a license to an out-of-state nonpublic college or institution. OAG 87-41 .

164.947. Licensing of colleges by Council on Postsecondary Education.

  1. The Council on Postsecondary Education by regulation shall adopt standards and procedures for the licensing of colleges to ensure that the programs of preparation are comparable to the generally accepted standards of collegiate instruction with respect to faculty, curriculum, facilities, and student cost and that there is full disclosure with respect to the philosophy and purposes of the institutions and their capacity to fulfill these objectives.
  2. Nothing contained in KRS 164.945 to 164.947 is intended in any way nor shall be construed to regulate the stated purpose of an independent institution or to restrict religious instruction or training in an independent institution.
  3. All colleges as defined in KRS 164.945 shall be required to hold a license issued by the executive director of the Council on Higher Education or his successor, under the provisions of KRS 164.945 to 164.947 and under the regulations of the Council on Higher Education, or its successor. Within ninety (90) days of July 13, 1990, all colleges shall be required to hold licenses.
  4. The designated use of the title “college” or “university” in combination with any series of letters, numbers, or words shall be restricted to the institutions licensed under KRS 164.945 to 164.947 except that new branches, divisions, or additions to existing institutions shall be licensed.

History. Enact. Acts 1972, ch. 165, § 3; 1976, ch. 299, § 33; 1978, ch. 155, § 104, effective June 17, 1978; 1990, ch. 519, § 3, effective July 13, 1990; 1997 (1st Ex. Sess.), ch. 1, § 132, effective May 30, 1997; 2002, ch. 37, § 7, effective July 15, 2002.

NOTES TO DECISIONS

Cited:

Ctr. College v. Trzop, 127 S.W.3d 562, 2003 Ky. LEXIS 263 ( Ky. 2003 ).

Opinions of Attorney General.

The provision of former 13 KAR 1:015, § 2(7), which required that any licensure application by an out-of-state nonpublic college or institution must establish the need for the proposed program in this Commonwealth, and that the council on higher education shall determine that such need cannot reasonably be met by colleges located in this Commonwealth before a license shall be granted, was an invalid basis on which to deny a license to an out-of-state nonpublic college or institution. OAG 87-41 .

A proprietary school which decides to offer a four year college level curriculum shall no longer be under the jurisdiction of the Board of Proprietary Education but shall be under the jurisdiction of the Council on Higher Education and must comply with the standards set by the Council on Higher Education and obtain a license from the Council. OAG 91-2 .

Licensure by the Council on Higher Education should occur prior to implementation of programs at the baccalaureate level, therefore, the school should remain licensed by the State Board for Proprietary Education until obtaining a license to operate a program at the baccalaureate level under the Council on Higher Education and the proprietary school should not hold its program out as being at the baccalaureate level until the license is obtained from the Council on Higher Education. OAG 91-2 .

The Council on Higher Education may promulgate regulations setting forth standards on collegiate instruction that would also cover former proprietary institutions under its jurisdiction. OAG 91-2 .

KRS 164.945 to this section do not exempt religiously affiliated institutions from colleges and universities that are regulated by the Council on Higher Education for the purpose of protecting citizens and bona fide institutions of the Commonwealth; this section focuses specifically on secular aspects of college programs and KRS 164.945 does not exempt religiously affiliated educational institutions from the definition of colleges to be licensed by the council. OAG 91-14 .

The General Assembly has enacted a scheme where institutions of learning desiring to use the word “college” or “university” must be licensed by the Council on Higher Education, and comply with the regulations. Once such an institution has been recognized by the Council on Higher Education, by licensure, jurisdiction over that college is transferred from the State Board for Proprietary Education to the Council on Higher Education. OAG 91-34 .

Campus Safety and Security (Michael Minger Act)

164.948. Definitions for KRS 164.9481, 164.9483, and 164.9485.

As used in KRS 164.9481 , 164.9483 , and 164.9485 , unless the context requires otherwise:

  1. “Campus” has the same meaning as in 20 U.S.C. sec. 1092(f)(6) (A)(ii) as amended;
  2. “Campus security authority” means campus police, security officers, and any official at a postsecondary education institution who has significant responsibility for student and campus activities, including student discipline, student housing, student judicial affairs, and student life administration. Professional mental health, pastoral, and other licensed counselors when functioning in that capacity are not considered campus security authorities;
  3. “Crime” means any crime listed in 20 U.S.C. sec. 1092(f)(1) (F) as amended;
  4. “Immediately” means before the last fire unit has left the scene in order for the state fire marshal to have the opportunity to speak with fire unit personnel before they leave the scene, but no later than two (2) hours following the time the fire or threat of fire is discovered. In the event of a minor fire to which the local fire officials are not called or do not respond, “immediately” means no later than one (1) hour following the discovery of the fire;
  5. “Noncampus building or property” has the same meaning as in 20 U.S.C. sec. 1092(f)(6) (A)(iii) as amended;
  6. “Postsecondary education institution” means any Kentucky public four (4) year institution or two (2) year community college or technical college that grants a postsecondary education credential, and any private college or university that is licensed by the Council on Postsecondary Education under KRS 164.945 to 164.947 ; and
  7. “Public property” has the same meaning as in 20 U.S.C. sec. 1092(f)(6) (A)(iv) as amended.

HISTORY: Enact. Acts 2000, ch. 190, § 1, effective July 14, 2000; 2002, ch. 166, § 2, effective July 15, 2002; 2010, ch. 24, § 223, effective July 15, 2010; 2018 ch. 67, § 1, effective July 14, 2018.

164.9481. Duty of postsecondary institution to maintain crime log — Duty to report to campus community on crimes and threats to safety or security of students and employees.

  1. Crime log:
    1. Each postsecondary education institution shall make, keep, and maintain a daily log, written in a form approved by the Council on Postsecondary Education that can be easily understood, recording all crimes occurring on campus and reported to campus security authorities or local law enforcement agencies, including:
      1. The category of crime, and a description of the incident, date, time, and general location of each crime; and
      2. The disposition of the complaint if known, including referral for prosecution, institutional disciplinary proceedings, or investigation by another state agency. The disposition shall include a reference to an investigation or incident report number.
    2. All entries in the campus crime log shall be made available for public inspection within twenty-four (24) hours after the first report of an incident was made to any campus security authority or local law enforcement officials.
      1. If there is clear and convincing evidence that the release of the information would cause a suspect to flee or evade detection, would result in the destruction of evidence, or is prohibited from release by law, the information may be withheld until that damage is no longer likely to occur from the release of the information. Only the information that is absolutely necessary to withhold for the reasons stated in this paragraph may be withheld; all other information shall be released.
      2. In the event information is withheld under the provisions of paragraph (a) of this subsection, the crime shall still be reported and made available for public inspection.
    3. The campus crime log required by this section shall be readily accessible and open for public inspection at all times and shall be made available on campus computer networks to which students, employees, and other campus community members have access. Each semester the institution shall notify currently enrolled students, students applying to the institution, and employees of the availability of the campus crime log, where it can be accessed, and the exact electronic address on the computer network.
  2. Special reports: In addition to the campus crime log, each postsecondary education institution shall make timely reports to the campus community on crimes reported to campus security authorities or local law enforcement authorities determined by those authorities to present a safety or security threat to students or employees.
    1. The reports shall be made available to students and employees within twenty-four (24) hours after an incident is first reported.
    2. The information shall be reported in a manner that will aid in the prevention of similar occurrences.
    3. Institutions shall use computer networks and post the reports in each residential facility. The institution may also use flyers and other campus publications including newspapers, and other media.
    4. Each institution shall adopt a policy to comply with this requirement and the policy shall be included in the postsecondary education institution’s annual campus safety and security report published in compliance with KRS 164.9485 .

History. Enact. Acts 2000, ch. 190, § 2, effective July 14, 2000.

164.9483. Jurisdiction and powers of state fire marshal — Duty of campus security authorities to report fire or threat of fire to fire marshal.

  1. Under the provisions of KRS Chapter 227, the state fire marshal shall have jurisdiction over all property in the state including property of public postsecondary education institutions and property of any private college or university that is licensed by the Council on Postsecondary Education as provided for by KRS 164.945 to 164.947 , insofar as it is necessary for the administration and enforcement of any duty imposed on the office by law or administrative regulation and all laws, ordinances, regulations, and orders designed to protect the public from fire loss.
  2. The state fire marshal or the state fire marshal’s employee or appointee may, without delay or advance notice and at all reasonable hours of the day or night, enter in or upon any property defined under KRS 227.200 located on the campus to make an inspection, investigation, or any other action necessary for the purpose of preventing fire loss or determining the origin of any fire.
  3. No person shall obstruct, hinder, or delay such an officer in the performance of his or her duty.
  4. Upon learning of a fire or threat of fire, a campus security authority designated by the college or university president to be responsible and liable for reporting shall immediately report each fire or threat of fire to the state fire marshal in Frankfort and the local deputies, assistants, and employees appointed under KRS 227.230 . No fire scene located on a campus shall be cleared or cleaned without the express consent of the state fire marshal to do so after a representative of the state fire marshal has had an opportunity to investigate the scene.

History. Enact. Acts 2000, ch. 190, § 3, effective July 14, 2000; 2002, ch. 166, § 3, effective July 15, 2002; 2010, ch. 24, § 224, effective July 15, 2010.

164.9485. Duty of postsecondary institution to submit statement of policies concerning campus safety and security.

Effective September 1, 2000, and each year thereafter, each postsecondary education institution shall submit to the Council on Postsecondary Education a statement of current policies concerning campus safety and security including, but not limited to:

  1. The enforcement authority of security personnel, including their working relationship with state and local police agencies;
  2. A description of programs designed to inform students and employees about the campus safety and security procedures and practices, how to report crimes, and how to prevent crimes; and
  3. Statistics concerning the occurrence of crimes on campus during the most recent calendar year. The statistical data shall be reported by the number of occurrences based on:
    1. Location, broken down in the following classifications:
      1. Total number on campus;
      2. On public property; and
      3. Noncampus buildings and property.
    2. Category of crime committed:
      1. As defined in KRS 164.948 ; and
      2. By category of prejudice, as described in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C sec. 1092(f)(1)(F)(ii) as amended.

HISTORY: Enact. Acts 2000, ch. 190, § 4, effective July 14, 2000; 2018 ch. 67, § 2, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). An incomplete reference to federal law has been corrected in this statute. The amendment to subsection (3)(b)2. contained in 2018 Ky. Acts ch. 67, sec. 1, cites “ 20 U.S.C. sec. 1092(f)(F) (ii).” Under the authority of KRS 7.136(1)(h), the Reviser of Statutes has inserted the numeral “(1)” into the reference so that it reads “ 20 U.S.C. sec. 1092(f)(1) (F)ii.”

164.9487. Duty of postsecondary institution to obtain statistics and crime reports — Limitation of liability — Reporting formats.

  1. In complying with the statistical and reporting requirements mandated in KRS 164.948 to 164.948 9 and KRS 164.993 , an institution shall make a reasonable, good-faith effort to obtain statistics and crime reports from outside agencies. An institution that makes such an effort is not responsible for an outside agency’s failure to provide statistics or crime reports or for verifying the accuracy of the statistics or reports that are provided.
  2. The Council on Postsecondary Education shall specify formats for reporting to ensure uniformity.

History. Enact. Acts 2000, ch. 190, § 5, effective July 14, 2000.

164.9489. Short title for KRS 164.948 to 164.9489 and KRS 164.993.

KRS 164.948 to 164.948 9 and KRS 164.993 may be cited as the Michael Minger Life Safety Act.

History. Enact. Acts 2000, ch. 190, § 7, effective July 14, 2000; 2014, ch. 52, § 1, effective July 15, 2014.

164.9490. Michael Minger/Priddy fire prevention fund.

Civil fines collected by the state fire marshal pursuant to KRS 164.993 shall be paid into the State Treasury and credited to a trust and agency fund known as the “Michael Minger/Priddy fire prevention fund.” The funds shall be used by the fire marshal to educate students and personnel of postsecondary education institutions regarding the dangers of fire and methods of fire prevention, and to investigate the source of any fires or threats of fire that take place on the campus of a postsecondary education institution. No portion of this fund shall lapse into the general fund at the end of the year.

History. Enact. Acts 2002, ch. 166, § 1, effective July 15, 2002.

164.9492. Duty of public or private postsecondary institution to disclose existence or nonexistence of automatic fire suppression system in on-campus housing facility — Exemption.

  1. Any public or private institution of postsecondary education which operates or acts as agent for an on-campus housing facility within the Commonwealth shall disclose to any potential lessee as to whether the on-campus housing facility is or is not equipped with an automatic fire suppression system.
  2. Except as provided in subsection (4) of this section, a two (2) part written disclosure statement separate from other rental documents, with typeface of no less than fourteen (14) points, shall be signed by both parties acknowledging that disclosure of the presence or lack of an automatic fire suppression system has been made.
  3. The potential lessee shall be given a copy of the disclosure form and a copy shall be retained by the lessor for the duration of the rental agreement. At the end of each calendar year, institutions of postsecondary education shall make available, upon request from the state fire marshal or any local fire official, a copy of the disclosure form and an affidavit certifying that disclosure as to whether or not the premises were equipped with an automatic fire suppression system were provided as part of any rental agreement.
  4. If the institution has an automatic fire suppression system in place and properly functioning at every on-campus housing facility under the control of the institution, the institution shall be exempt from this section.

History. Enact. Acts 2004, ch. 110, § 1, effective July 13, 2004.

Legislative Research Commission Note.

(7/13/2004). Although 2004 Ky. Acts ch. 110, sec. 1, indicated that this section was to be created as a new section of KRS 383.010 to 383.285 , the statute has been codified in KRS Chapter 164 due to the subject matter of the section and in accordance with KRS 7.136(1)(a).

164.9495. Disabled student given priority for first-floor housing — On-campus or off-campus alternative — Notification to safety and emergency personnel.

  1. A postsecondary education institution as defined in KRS 164.948 shall provide priority for first-floor housing to any student who informs the institution of a disability, or a sensory, cognitive, or neurological deficit or impairment, or a learning disorder, minimal brain dysfunction, dyslexia, pervasive developmental disorder, autism, or Asperger syndrome. As used in this section, “disability” has the same meaning as in KRS 344.010 .
  2. If the postsecondary education institution does not have available first-floor housing for a student as provided under subsection (1) of this section, the postsecondary education institution shall allow the student to seek alternative on-campus or off-campus housing. The postsecondary education institution shall maintain a record of any on-campus housing assignment for that student and shall alert appropriate safety and emergency personnel of the location of the student.

History. Enact. Acts 2004, ch. 119, § 3, effective July 13, 2004.

Safety and Security Department

164.950. Police departments and officers authorized.

The governing board of each public institution of postsecondary education is authorized to establish a police department and appoint police officers and other employees for the university, college, or other institution of public postsecondary education for which it is responsible, to prescribe distinctive uniforms for the police officers of said institution, and to designate and operate emergency vehicles. Police officers so appointed shall take an appropriate oath of office, in the form and manner consistent with the Constitution of Kentucky, and shall serve at the pleasure of the governing board.

History. Enact. Acts 1972, ch. 367, § 1; 2013, ch. 22, § 2, effective June 25, 2013.

Opinions of Attorney General.

This section through KRS 164.980 make it clear that only public institutions of higher education are within the purview of these sections. OAG 72-430 .

The authority of the safety and security officers of higher education institutions to enforce the criminal laws of the state and local government cannot be limited by the board of trustees of such institutions in establishing a safety and security department as provided in this section; moreover, the institutional regulations which the officers have the duty to enforce are the regulations pertaining to safety and security and such officers need not be used to enforce general parietal regulations. OAG 73-353 .

The traffic regulations enacted by the board of trustees shall, of course, apply both to students and nonstudents, to university personnel and the general public and parietal regulations which apply only to students will continue to be enforced in the traditional fashion by such personnel as the board authorizes. OAG 73-353 .

A university safety and security officer appointed and holding his position pursuant to KRS 164.950 through 164.980 is a state officer and as a state officer he is precluded by Const., § 165 and KRS 61.080(1) from serving, at the same time, as either a city officer or a county officer. OAG 77-521 .

164.952. Employment of retired police officers — Eligible individuals — Limitations.

  1. As used in this section:
    1. “Police officer” has the same meaning as “police officer” in KRS 15.420 , as “police officer” in KRS 164.950 to 164.980 , and as “officer” in KRS 16.010 ; and
    2. “Postsecondary institution” means any public institution of postsecondary education that is authorized to establish a police department pursuant to KRS 164.950 to 164.980 that participates in the Kentucky Employees Retirement System.
  2. Subject to the limitations of subsection (7) of this section, a postsecondary institution may employ individuals as police officers under this section who have retired from the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System.
  3. To be eligible for employment under this section, an individual shall have:
    1. Participated in the Law Enforcement Foundation Program fund under KRS 15.410 to 15.510 , retired as a commissioned officer pursuant to KRS Chapter 16, or retired as a police officer from a postsecondary institution;
    2. Retired with at least twenty (20) years of service credit;
    3. Been separated from service for the period required by KRS 61.637 so that the member’s retirement is not voided;
    4. Retired with no administrative charges pending; and
    5. Retired with no preexisting agreement between the individual and the postsecondary institution prior to the individual’s retirement for the individual to return to work for the postsecondary institution.
  4. Individuals employed under this section shall:
    1. Serve for a term not to exceed one (1) year. The one (1) year employment term may be renewed annually at the discretion of the employing postsecondary institution;
    2. Receive compensation according to the standard procedures applicable to the employing postsecondary institution; and
    3. Be employed based upon need as determined by the employing postsecondary institution.
  5. Notwithstanding any provisions of KRS 16.505 to 16.652 , 18A.225 to 18A.2287 , 61.510 to 61.705 , or 78.510 to 78.852 to the contrary:
    1. Individuals employed under this section shall continue to receive all retirement and health insurance benefits to which they were entitled upon retiring in the applicable system administered by Kentucky Retirement Systems;
    2. Individuals employed under this section shall not be eligible to receive health insurance coverage through the employing postsecondary institution;
    3. The postsecondary institution shall not pay any employer contributions or retiree health expense reimbursements to the Kentucky Retirement Systems required by KRS 61.637(17) for individuals employed under this section; and
    4. The postsecondary institution shall not pay any insurance contributions to the state health insurance plan, as provided by KRS 18A.225 to 18A.2287 , for individuals employed under this section.
  6. Individuals employed under this section shall be subject to any legislative due process provisions applicable to police officers of the employing postsecondary institution. A decision not to renew a one (1) year appointment term under this section shall not be considered a disciplinary action or deprivation subject to due process.
  7. The number of retired police officers a postsecondary institution may hire under the provisions of this section shall be limited to five (5) retired police officers or a number equal to twenty-five percent (25%) of the police officers employed by the postsecondary institution in calendar year 2018, whichever is greater.

HISTORY: 2019 ch. 127, § 1, effective June 27, 2019.

Legislative Research Commission Notes.

(6/27/2019). Under the authority of KRS 7.136(1), the Reviser of Statutes has rearranged the paragraphs in subsection (1) of this statute to place the definitions in alphabetical order.

164.955. Police officers — Powers and duties.

  1. Police officers so appointed shall be peace officers and conservators of the peace. They shall have general police powers including the power to arrest, without process, all persons who within their view commit any crime or misdemeanor. They shall possess all of the common law and statutory powers, privileges, and immunities of sheriffs, except that they shall be empowered to serve civil process to the extent authorized by the employing governing board of the respective public postsecondary education institution employing them. Without limiting the generality of the foregoing, such police officers are hereby specifically authorized and empowered, and it shall be their duty:
    1. To preserve the peace, maintain order and prevent unlawful use of force or violence or other unlawful conduct on the campuses of their respective institutions, and to protect all persons and property located thereon from injury, harm and damage; and
    2. To enforce, and to assist the officials of their respective institutions in the enforcement of, the lawful rules and regulations of said institution, and to assist and cooperate with other law enforcement agencies and officers. Provided, however, that such police officers shall exercise the powers herein granted upon any real property owned or occupied by their respective institutions, including the streets passing through and adjacent thereto. Said powers may be exercised in any county of the Commonwealth where the institution owns, uses, or occupies property. Additional jurisdiction may be established by agreement with the chief of police of the municipality or sheriff of the county or the appropriate law enforcement agency in which such property is located, dependent upon the jurisdiction involved.
  2. Police officers may exercise their powers away from the locations described in subsection (1) of this section only upon the following conditions:
    1. When in immediate pursuit of an actual or suspected violator of the law;
    2. When authorized to do so pursuant to the agreement authorized by subsection (1) of this section;
    3. When requested to act by the chief of police of the city or county in which the institution’s property is located;
    4. When requested to act by the sheriff of the county in which the institution’s property is located;
    5. When requested to act by the commissioner of the Department of Kentucky State Police;
    6. When requested to act by the authorized delegates of those persons or agencies listed in paragraph (c), (d), or (e) of this subsection;
    7. When requested to assist a state, county or municipal police officer, sheriff, or other peace officer in the performance of his lawful duties; or
    8. When operating under an interlocal cooperation agreement pursuant to KRS Chapter 65.
  3. Police officers appointed pursuant to KRS 164.950 to 164.980 shall have, in addition to the other powers enumerated herein, the power to conduct investigations anywhere in this Commonwealth, provided the investigation relates to criminal offenses which occurred on property owned, leased, or controlled by the public postsecondary education institution. Where desirable and at the discretion of the public postsecondary education institution’s police officials, the institution’s police department may coordinate said investigations with any law enforcement agency of this Commonwealth or with agencies of the federal government.
  4. Police departments created and operated by the governing boards of public postsecondary education institutions shall, for all purposes, be deemed public police departments and the sworn police officers thereof are, for all purposes, deemed public police officers.
  5. Nothing in KRS 164.950 to 164.980 shall be construed as a diminution or modification of the authority or responsibility of any city or county police department, the Department of Kentucky State Police, sheriff, constable, or other peace officer either on the property of an institution of postsecondary education or otherwise.

History. Enact. Acts 1972, ch. 367, § 2; 2007, ch. 85, § 174, effective June 26, 2007; 2013, ch. 22, § 3, effective June 25, 2013.

Opinions of Attorney General.

The authority of the safety and security officers to enforce the criminal laws of the state and local government cannot be limited by the board of trustees in establishing a safety and security department as provided in this statute; that the institutional regulations which the officers have the duty to enforce are the regulations pertaining to safety and security; that the officers need not be used to enforce general parietal regulations. OAG 73-353 .

The traffic regulations enacted by the board of trustees shall, of course, apply both to students and nonstudents, to university personnel and the general public and parietal regulations which apply only to students will continue to be enforced in the traditional fashion by such personnel as the board authorizes. OAG 73-353 .

A campus safety and security officer has the authority to arrest a passenger in a vehicle if the conduct of the passenger is such as to constitute a felony or misdemeanor, and if the misdemeanor is committed in the presence of the officer, he may make an arrest without a warrant. OAG 75-8 .

Campus safety and security officers have the full status of peace officers, and their jurisdiction is coterminous with the Commonwealth when in hot pursuit of actual or suspected violators of the law or when making an investigation which relates to criminal offenses which occurred on property owned, leased or controlled by the university. OAG 75-8 .

In order for the safety and security officers of a university to be authorized to serve civil process at off-campus locations, the officers must receive specific authorization from the governing board of the institution as will satisfy the conditions set out in subsection (2) of this section. OAG 77-597 .

164.960. Police officers — Qualifications.

All persons appointed as police officers pursuant to KRS 164.950 to 164.980 shall, at the time of their employment:

  1. Comply with the requirements of KRS 61.300 ; and
  2. Possess whatever other requirements as may be set by the governing board of the institution of public postsecondary education which employs them.

History. Enact. Acts 1972, ch. 367, § 3; 2013, ch. 22, § 4, effective June 25, 2013.

164.965. Appointment of police officers and civilians — Promotion and compensation.

The governing board of each institution of public postsecondary education may provide for the appointment or promotion to the ranks and grades and positions of the department such officers and civilians as are considered by the board to be necessary for the efficient administration of the department. Such officers and civilians shall receive such compensation as shall be fixed and paid by the board.

History. Enact. Acts 1972, ch. 367, § 4; 2013, ch. 22, § 5, effective June 25, 2013.

164.970. Police officers — Use of vehicles.

  1. Vehicles used for emergency purposes by the police department of a public institution of postsecondary education shall be considered as emergency vehicles and shall be equipped with blue lights and sirens and shall be operated in conformance with the requirements of KRS Chapter 189.
  2. Police officers directly employed by the governing board of public institutions of postsecondary education pursuant to KRS 164.950 to 164.980 shall have the rights accorded to peace officers provided under KRS 527.020 , provided the governing board of the public institution of postsecondary education so authorizes in writing.
  3. Police departments of public institutions of postsecondary education may install, maintain, and operate radio systems on police or other radio frequencies under licenses issued by the Federal Communications Commission, or its successor, KRS 432.570 to the contrary notwithstanding.
  4. Police departments of public institutions of postsecondary education shall comply with the requirements of the Kentucky Revised Statutes and the Justice and Public Safety Cabinet with regard to reporting of criminal and other statistics.

History. Enact. Acts 1972, ch. 367, § 5; 2007, ch. 85, § 173, effective June 26, 2007; 2013, ch. 22, § 6, effective June 25, 2013; 2014, ch. 92, § 230, effective January 1, 2015.

164.975. Regulation of the use of educational property.

  1. The governing boards of public institutions of postsecondary education, each having the power and authority to govern and control the method and purpose of use of property owned or occupied by their respective institution, including travel over such property, is each hereby confirmed in its authority to regulate the traffic and parking of motor vehicles, bicycles or other vehicles as well as the traffic of pedestrians on, over and across the streets, roads, paths and grounds of real property owned, used or occupied by such institution. Such regulations applicable to traffic and parking may include, but not be limited to, the following provisions:
    1. Provisions governing the registration, speed, operation, parking and times, places and manner of use of motor vehicles, bicycles and other vehicles.
    2. Provisions prescribing penalties for the violation of such regulations, which penalties may include the imposition of reasonable charges, the removing and impounding (at the expense of the violator) of vehicles which are operated or parked in violation of such regulations, and the denial of permission to operate vehicles on the property of such institution.
    3. Provisions establishing reasonable charges and fees for the registration of vehicles and for the use of parking spaces or facilities owned or occupied by such institution. Provided, however, that nothing herein contained shall be deemed to limit or restrict the powers of any other governmental authority having jurisdiction over public streets, roads, alleys or ways.
  2. Motor vehicle moving violations of regulations issued under this section shall be deemed violations of the appropriate equivalent sections of the motor vehicle laws of the Commonwealth and may be prosecuted in the courts having territorial jurisdiction over the physical location of the offense.

History. Enact. Acts 1972, ch. 367, § 6; 2013, ch. 22, § 7, effective June 25, 2013.

NOTES TO DECISIONS

1. Termination of Employment.

In a case in which a university discharged an employee for violation of its policy prohibiting possession of a deadly weapon on university property or while conducting university business, the university was not entitled to judgment as a matter of law. The employee, who had a valid license to carry a concealed deadly weapon, established that his discharge was contrary to a fundamental and well-defined public policy, i.e., the right to bear arms. Mitchell v. Univ. of Ky., 366 S.W.3d 895, 2012 Ky. LEXIS 47 ( Ky. 2012 ).

Opinions of Attorney General.

If the college has not established a safety and security division the local police officers should enforce the traffic regulations on campus and, where a college is located within city limits, the city police enforce traffic laws and issue citations and the city police court would have jurisdiction over all charges filed. OAG 72-765 .

In order to control traffic and parking on campus streets, campus police at a state university could use wheel locks to immobilize illegally parked vehicles. OAG 77-262 .

A university could, under this section, promulgate a regulation requiring a university parking sticker to be placed on an automobile windshield, without violating the motor vehicle laws, since subsection (1) (now (2)(a)) of KRS 189.110 makes an exception as to windshield obstructions for “a paper required to be so displayed by law.” OAG 82-19 .

The fact that the legislature in enacting subsection (1) of KRS 527.070 has elected not to criminalize the carrying of certain weapons on the property of institutions of postsecondary or higher education, however, does not preclude the governing boards of public institutions of higher education from otherwise controlling the possession of deadly weapons on their properties. OAG 96-40 .

While KRS 237.115(1) recognizes the right of colleges and universities to control possession of deadly weapons, generally, on their properties, KRS 237.115(1) limits other units of state government, city governments, county governments, urban-county governments, and charter county governments to prohibiting only the carrying of concealed deadly weapons. The Kentucky General Assembly, therefore, has recognized that the governing board of a college or university of this Commonwealth has a right to control the possession of all deadly weapons on its properties, regardless of whether the weapons are concealed or carried openly. OAG 96-40 .

164.980. Impersonation of police officer prohibited.

No person shall falsely represent himself to be a police officer, agent or employee of a police department of a public institution of postsecondary education and in such assumed character, arrest, or detain, or search, or question, in any manner the person or property of any person, nor shall any person without the authority of the governing board of the public institution of postsecondary education wear its official uniform, insignia, badge, or identification of the department.

History. Enact. Acts 1972, ch. 367, § 7(1); 2013, ch. 22, § 8, effective June 25, 2013.

State Autism Training Center

164.981. Definitions for KRS 164.981 to 164.9819.

As used in KRS 164.981 to 164.981 9:

  1. “Autism” means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three (3), that adversely affects educational performance. Characteristics of autism include:
    1. Irregularity and impairment in communication;
    2. Engagement in repetitive activity and stereotyped movement;
    3. Resistance to environmental change or change in daily routine; and
    4. Unusual responses to sensory experience.
  2. “Council” means the Council on Postsecondary Education in Kentucky;
  3. “Center” means the autism training center;
  4. “Client” means a person with the primary diagnosis of autism or autistic-like behavior; and
  5. “Expenses” means those reasonable and customary expenditures related to training and treatment of eligible clients as defined in administrative regulations promulgated by the council pursuant to KRS 13A.

The term does not include children with characteristics of an emotional-behavioral disability as defined in KRS 157.200 ;

History. Enact. Acts 1996, ch. 221, § 1, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 133, effective May 30, 1997.

164.9811. State autism training center.

  1. The Council on Postsecondary Education in Kentucky is authorized to operate a state autism training center, including:
    1. The acquisition by purchase, lease, gift, or otherwise of necessary lands;
    2. The construction of necessary buildings;
    3. The expansion, remodeling, altering, or equipping of necessary buildings; and
    4. The making of contracts by the council or its designee with any nonprofit institution, or any state, county, or local agency for the equipment, expenses, compensation of personnel, operation, and maintenance of any facility of an agency or institution used for the purposes of KRS 164.981 to 164.981 9.
  2. The council shall select and contract with a public institution of higher education to carry out the provisions of KRS 164.981 to 164.981 9.

History. Enact. Acts 1996, ch. 221, § 2, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 134, effective May 30, 1997.

164.9813. Functions of center.

The center shall provide:

  1. A staff that has expertise in autism and autistic-like behavior and in sensory impairments;
  2. Individual and direct family assistance in the home, community, and school. A center’s assistance should not supplant other responsibilities of state and local agencies, and each school district is responsible for providing an appropriate education program for clients of a center who are school age;
  3. Technical assistance and consultation services, including specific intervention and assistance for a client of the center, the client’s family, and the school district, and any other services that are appropriate;
  4. Professional training programs that include developing, providing, and evaluating preservice and in-service training in state-of-the-art practices for personnel who work with the populations served by the centers and their families; and
  5. Public education programs to increase awareness of the public about autism, autistic-related disabilities of communication and behavior, dual sensory impairments, and sensory impairments with other handicapping conditions.

History. Enact. Acts 1996, ch. 221, § 3, effective July 15, 1996.

164.9815. Authority for administrative regulations.

The council, after consultation with the center, shall promulgate administrative regulations pursuant to KRS Chapter 13A providing for:

  1. The establishment, operation, eligibility for services, cost reimbursement, fees for services, maintenance, and government control of the center established pursuant to KRS 164.981 to 164.981 9;
  2. Standards necessary for cooperation under and compliance with any federal law with respect to grants-in-aid for client training or facilities; and
  3. Any other administrative regulations as may be necessary to implement KRS 164.981 to 164.981 9.

History. Enact. Acts 1996, ch. 221, § 4, effective July 15, 1996.

164.9817. Citizens’ advisory board — Composition.

The public institution selected pursuant to KRS 164.9811(2) shall appoint a citizens’ advisory board to advise the center director on matters of policy. The advisory board shall be composed of: fifty percent (50%) parents or guardians of clients eligible for the center’s program; forty percent (40%) persons from professional fields relating to autism, such as special education, psychology, hearing and speech, neurology, and pediatrics; and ten percent (10%) knowledgeable lay persons. The director of the center shall be an ex officio nonvoting member of the advisory board.

History. Enact. Acts 1996, ch. 221, § 5, effective July 15, 1996.

164.9819. Trainee teams — Composition — Administrative regulations regarding fees and expenses.

  1. The primary method of providing services through the center shall be by the use of trainee teams. A trainee team shall consist of an eligible client, a professional from a local service agency, and the client’s guardian or one or both of the client’s parents.
  2. The council, after consultation with the center, shall promulgate administrative regulations relating to:
    1. Fees charged to sending agencies;
    2. Reimbursement of trainee team or client expenses; and
    3. Provision of, or reimbursement for, reasonable and customary expenses incurred by trainee teams, clients, or otherwise eligible persons which are not covered by the fees charged to sending agencies. These expenses may include child care for other children of attending parents, guardians, or other persons pursuant to subsection (1) of this section.

History. Enact. Acts 1996, ch. 221, § 6, effective July 15, 1996.

Penalties

164.990. Penalties.

  1. Any person who violates the provisions of KRS 164.715 or subsection (1) of KRS 164.720 is guilty of a Class D felony, and in addition thereto shall forfeit to the state all equipment used in committing the offense for which such person is convicted.
  2. Any person who violates the provisions of KRS 164.980 shall be guilty of a Class B misdemeanor.
  3. Any person who violates KRS 164.377 shall be guilty of a Class A misdemeanor.
  4. Any person who knowingly violates the provisions of KRS 164.376 , or who knowingly induces another, directly or indirectly, to violate the provisions of KRS 164.376 , shall be fined not less than five hundred dollars ($500), nor more than one thousand five hundred dollars ($1,500).

History. Enact. Acts 1960, ch. 92, § 6; 1962, ch. 278, § 8; 1972, ch. 367, § 7(2); 1974, ch. 406, § 306, effective January 1, 1975; 1988, ch. 120, § 1, effective March 30, 1988; 1988, ch. 148, § 2, effective July 15, 1988; 1992, ch. 463, § 19, effective July 14, 1992; 2000, ch. 191, § 2, effective July 14, 2000.

164.991. Penalty.

Any person who deliberately violates the provisions of KRS 164.283 , upon conviction, shall be punished by a fine of not less than twenty-five dollars ($25), nor more than one hundred dollars ($100), and/or imprisonment in the county jail for up to thirty (30) days.

History. Enact. Acts 1970, ch. 51, § 1, (10).

164.992. Penalties for KRS 164.947.

  1. Any college that violates the provisions of KRS 164.947(3) shall be fined not less than one hundred dollars ($100).
  2. Each day that a college violates the provisions of KRS 164.947(3) shall be deemed a separate offense.

History. Enact. Acts 1990, ch. 519, § 1, effective July 13, 1990.

Opinions of Attorney General.

KRS 164.945 to 164.947 do not exempt religiously affiliated institutions from colleges and universities that are regulated by the Council on Higher Education for the purpose of protecting citizens and bona fide institutions of the Commonwealth, in fact, KRS 164.947 focuses specifically on secular aspects of college programs and KRS 164.945 does not exempt religiously affiliated educational institutions from the definition of colleges to be licensed by the council. OAG 91-14 .

164.993. Penalties for violation of KRS 164.9481 or 164.9483.

  1. Any person, including campus personnel, who knowingly violates the provisions of KRS 164.9481 and 164.9483 , or who knowingly induces another, directly or indirectly, to violate the provisions of those sections, shall be fined not less than five hundred dollars ($500), nor more than one thousand five hundred dollars ($1,500), or imprisoned in the county jail for up to thirty (30) days, or both.
  2. In addition to the penalties required in subsection (1) of this section, any person or any postsecondary education institution who violates the provisions of KRS 164.9483 shall be liable for a civil penalty of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) per violation for each day the violation occurs or remains in effect. The state fire marshal shall have the authority, after investigation, to assess and collect the fines. Any person or postsecondary education institution aggrieved by an assessment of a civil fine may appeal to the Franklin Circuit Court.

History. Enact. Acts 2000, ch. 190, § 6, effective July 14, 2000; 2002, ch. 166, § 4, effective July 15, 2002.

CHAPTER 164A Higher Education Finance

164A.010. Findings — Determinations — Intent.

The General Assembly of the Commonwealth of Kentucky hereby makes the following findings and determinations and promulgates the following statements of legislative intent:

  1. That the attainment by every citizen of his or her educational goals will inure to the general welfare, well-being, and productivity of the Commonwealth. Accordingly, it is hereby determined and declared that providing higher education assistance to needy, qualified students is in the best interest of the Commonwealth and constitutes the implementation of a public purpose of statewide import of the Commonwealth.
  2. Pursuant to KRS 164.740 to 164.764 , the Kentucky Higher Education Assistance Authority has heretofore been created and has rendered valuable and material services to the Commonwealth and its citizens in the effectuation of the public policy stated in the foregoing subsection. Pursuant to said cited statutory authority, the Kentucky Higher Education Assistance Authority is legally authorized to make and to guarantee student loans, and is eligible to reinsure student loans with the United States of America pursuant to the Higher Education Act of 1965, as amended. The United States Secretary of Education has been authorized to enter into insurance or reinsurance agreements with the Kentucky Higher Education Assistance Authority, and other lending institutions in the Commonwealth pursuant to which insured student loans have been made possible for the benefit, welfare, and well-being and for the future benefit of citizens, residents and inhabitants of the Commonwealth.
  3. The 1976 amendments (P.L. 94-482) to the Higher Education Act of 1965 (P.L. 89-329), provided incentives for states to establish and implement programs of student loan insurance by providing federal reinsurance of any losses due to the death, disability, bankruptcy or default of the borrower. The education amendments of 1976 (P.L. 94-482) offered further incentives to states to establish insured student loan programs including the payment of certain administrative expenses to a state agency, the payment of interest on student loans directly by the federal government while qualified students are pursuing a course of education at an eligible institution, the payment of special allowances to holders of state insured student loans and the reimbursement of costs of collection to state student loan insurance agencies in the event of defaults. The Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) further amended the Higher Education Act of 1965 by reducing the rate of insurance payable to holders of insured student loans first disbursed on or after October 1, 1993, to ninety-eight percent (98%) of losses resulting from the default of the borrower, and reduced the federal reimbursements to the guarantee agency to a maximum of ninety-eight percent (98%) of the principal and interest amount on defaulted insured student loans, with further reductions to eighty-eight percent (88%) and seventy-eight percent (78%) when the amount of reinsurance claims paid in any one (1) year exceeds five percent (5%) and nine percent (9%), respectively, of insured student loan amounts in repayment as of the end of the preceding federal fiscal year.
  4. The General Assembly hereby determines and declares that in order to continue the Insured Student Loan Program in Kentucky, to enable eligible lenders including banks and trust companies and the Kentucky Higher Education Assistance Authority to be able to continue to make student loans available to qualified students and to ensure that the Commonwealth of Kentucky shall not lose the benefits of the Insured Student Loan Program, it is necessary that there be created a body corporate and politic to act as a financing agency, and to assure that a secondary market for insured student loans be created and maintained. The actions and duties of such body corporate and politic to be carried out in such manner so as to assure that any student loans acquired by such entity have the benefit of state insurance with federal reinsurance to the end that the assets of the Commonwealth be not committed to such purposes.

History. Enact. Acts 1978, ch. 387, § 1, effective June 17, 1978; 1996, ch. 350, § 5, effective July 15, 1996.

Compiler’s Notes.

The Higher Education Act of 1965 referenced herein is compiled generally as 20 USCS §§ 1001 et seq.

The relevant provisions amended by the 1976 amendments to the Higher Education Act (P.L. 94-482) referenced herein are found generally at 20 USCS §§ 1071 et seq.

The amendments to the Higher Education Act by the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) referred to herein appear in 20 USCS § 1078(c)(1), which was later amended in 1998 to reduce the percentages to 95%, 85%, and 75%, respectively.

164A.011. Plans for organization and operation of corporation and of Kentucky Higher Education Assistance Authority — Code of ethics.

  1. By January 1, 1997, the board of the Kentucky Higher Education Assistance Authority and the board of the Kentucky Higher Education Student Loan Corporation shall prepare and submit to the Governor, the Legislative Research Commission, and the Finance and Administration Cabinet a plan for the future organization and operation of the respective agencies. The plans shall be prepared according to the preprivatization guide established by the Privatization Commission and shall include, but not be limited to, detailed information on the following:
    1. The new or expanded businesses or services the boards may want to engage in, and the financing thereof, or which may be available to enhance the boards’ role in the student loan business;
    2. The new or expanded businesses or services the boards may want to engage in, and the financing thereof, or which may be available to enhance the boards’ role in the financial market;
    3. A proposed and transitional personnel system to meet the needs of any proposed organization and operations of the authority or corporation that shall include but not be limited to:
      1. A salary and compensation plan; and
      2. Personnel benefits including health insurance coverage, deferred compensation opportunities, workers’ compensation, life insurance coverage, a retirement plan and merit system rights; and
    4. The process to be used by the authority and the corporation in the development and implementation of their respective operating budgets, including the methodology for the transfer of funds between the entities and the involvement of the executive branch and the General Assembly in their budget process.
  2. The plan shall include a proposed code of ethics to apply to all members of the boards, officers, and employees of the respective agencies. The code of ethics adopted shall include, but not be limited to, provisions that set forth:
    1. Standards of conduct;
    2. Requirements for filing and maintaining annual financial disclosure statements, which shall be open to public inspection;
    3. A policy on the employment of members of the families of members of the boards, officers, and employees;
    4. The designation of a person or group responsible for enforcement of the code of ethics, maintenance of financial disclosure records, and receipt and investigation of complaints of violation of the code of ethics; and
    5. The penalties for violation of the code of ethics.

History. Enact. Acts 1996, ch. 350, § 2, effective July 15, 1996.

164A.020. Definitions.

The following words and terms, unless the context clearly indicates a different meaning, shall have the following respective meanings:

  1. “Board” means the board of directors of the corporation.
  2. “Bonds” or “notes” means the bonds or bond anticipation notes authorized to be issued by the corporation pursuant to this chapter.
  3. “Corporation” means the Kentucky Higher Education Student Loan Corporation, an independent de jure municipal corporation and political subdivision of the Commonwealth of Kentucky created to perform essential governmental services.
  4. “Eligible institution” means any educational institution described as an eligible institution in the federal act which has, if required by the guarantee agency, a contract in force with the guarantee agency pursuant to the federal act and this chapter.
  5. “Eligible lender” means the Kentucky Higher Education Assistance Authority, a de jure political subdivision of the Commonwealth of Kentucky and the corporation and all other entities described as eligible lenders in the federal act which have in force a contract with the guarantee agency providing for loan guarantees to be issued by the guarantee agency to the subject lender under the federal act and this chapter.
  6. “Federal act” means the Higher Education Act of 1965, as from time to time amended, codified as 20 U.S.C. secs. 1001 et seq.
  7. “Guarantee agency” means the Kentucky Higher Education Assistance Authority duly organized and existing pursuant to the statutory laws of the Commonwealth of Kentucky or any agency authorized as a guarantor pursuant to the federal act.
  8. “Qualified student” means a student who qualifies for an insured student loan under the federal act.
  9. “Insured student loan” means a loan to a qualified student on which the payment of principal and interest is at least ninety-five percent (95%) insured by the guarantee agency and reinsured by the Secretary of Education of the United States in accordance with the requirements of the federal act, or at least ninety-five percent (95%) insured as to principal amount by the United States under the federal act or the Health Professions Educational Assistance Act of 1976, codified as 42 U.S.C. secs. 294 et seq. as from time to time amended. As used in connection with the purchase, making, or acquisition of insured student loans by the corporation, the term insured student loan shall further mean and refer to any contingent interest, security interest, pledge, commitment, chose in action, or other property interest in any such loan.

History. Enact. Acts 1978, ch. 387, § 2, effective June 17, 1978; 1988, ch. 272, § 1, effective July 15, 1988; 1994, ch. 35, § 1, effective March 8, 1994; 1994, ch. 53, § 2, effective July 15, 1994; 1996, ch. 350, § 6, effective July 15, 1996.

164A.030. Corporation is de jure municipal corporation and political subdivision.

The General Assembly of the Commonwealth of Kentucky hereby finds and determines that in carrying out its functions, powers and duties as prescribed in this chapter, the corporation will be performing vital public purposes in improving and promoting the public welfare and prosperity of the people of the Commonwealth of Kentucky by promoting the availability of higher educational opportunities. Accordingly, the corporation is constituted as and shall be an independent de jure municipal corporation and political subdivision of the Commonwealth of Kentucky.

History. Enact. Acts 1978, ch. 387, § 3, effective June 17, 1978.

164A.040. Purpose.

  1. The General Assembly of the Commonwealth of Kentucky hereby finds and determines that as a result of the adoption of the education amendments of 1976 by the Congress of the United States, being Public Law 94-482, it is essential, in order that the Commonwealth of Kentucky may continue to provide adequate educational opportunities to all of its citizens and residents, that the corporation be created and empowered to finance student loan operations in Kentucky by the issuance of its bonds and notes for the purpose of making and purchasing insured student loans.
  2. The General Assembly hereby finds and declares further that in the performance of its duties, powers and responsibilities, the corporation will be performing essential public and governmental functions and shall be and constitute an independent de jure municipal corporation and political subdivision of the Commonwealth of Kentucky for the purpose of promoting higher educational opportunities through a program of financing, making and purchasing of insured student loans.

History. Enact. Acts 1978, ch. 387, § 4, effective June 17, 1978.

Compiler’s Notes.

The relevant provisions of the education amendments of 1976 (P.L. 94-482) referenced herein are found generally at 20 USCS §§ 1071 et seq.

164A.050. Kentucky Higher Education Student Loan Corporation — Establishment — Organization — Terms — Duties — Removal — Expenses — Relationship with other educational entities.

  1. There is hereby created and established an independent de jure municipal corporation and political subdivision of the Commonwealth of Kentucky which shall be a body corporate and politic to be known and identified as the Kentucky Higher Education Student Loan Corporation.
  2. The Kentucky Higher Education Student Loan Corporation is created and established as an independent de jure municipal corporation and political subdivision of the Commonwealth of Kentucky to perform essential governmental and public functions and purposes in improving and otherwise promoting the educational opportunities of the citizens and inhabitants of the Commonwealth of Kentucky and other qualified students by a program of financing, making, and purchasing of insured student loans.
    1. Subject to paragraph (b) of this subsection, the corporation shall be governed by a board of directors consisting of: (3) (a) Subject to paragraph (b) of this subsection, the corporation shall be governed by a board of directors consisting of:
      1. Eight (8) voting members chosen from the general public residing in the Commonwealth of Kentucky; and
      2. Seven (7) voting members of the board of directors of the Kentucky Higher Education Assistance Authority appointed by the Governor pursuant to KRS 164.746(1)(a)1., who shall serve terms of office on the corporation board of directors coextensive with their respective terms of office on the Kentucky Higher Education Assistance Authority board of directors.
    2. Upon resignation or expiration of the term of an appointed member of the board of the corporation and the Kentucky Higher Education Assistance Authority, that member’s position shall be abolished to reduce the combined number of appointed members of the boards of the corporation and the Kentucky Higher Education Assistance Authority to ten (10) members.
    3. In addition, the president of the Council on Postsecondary Education, the secretary of the Finance and Administration Cabinet, the president of the Association of Independent Kentucky Colleges and Universities, the State Treasurer, and the commissioner of education, or their designees who shall be another official of the same cabinet or agency, shall serve as ex officio voting members.
  3. The Governor shall appoint directors according to subsection (3)(a)1. of this section from nominees submitted by the Governor’s Higher Education Nominating Committee under KRS 164.005 to take office and to exercise all powers thereof immediately. The terms shall be staggered and shall be for a period of four (4) years each. Each director shall serve for the appointed term and, except as provided in subsection (3)(b) of this section, shall serve until a successor has been appointed and has duly qualified.
  4. Except as provided in subsection (3)(b) of this section, in the event of a vacancy, the Governor may appoint a replacement director from nominees submitted by the Governor’s Higher Education Nominating Committee under KRS 164.005 who shall hold office during the remainder of the term so vacated.
  5. The Governor may remove any director from the general public in case of incompetency, neglect of duties, gross immorality, or malfeasance in office; and may thereupon declare such office vacant and may appoint a person to fill such vacancy as provided in other cases of vacancy.
  6. The board shall elect from its voting membership a chair, chair-elect, and secretary-treasurer. The executive director of the Kentucky Higher Education Assistance Authority shall serve as executive director of the corporation.
  7. The executive director shall administer, manage, and direct the affairs and business of the corporation, subject to the policies, control, and direction of the board of directors of the corporation. The secretary-treasurer of the corporation shall keep a record of the proceedings of the corporation and shall be custodian of all books, documents, and papers filed with the corporation, the minute book or journal of the corporation, and its official seal. The secretary-treasurer may copy all minutes and other records and documents of the corporation and give certificates under the official seal of the corporation to the effect that such copies are true copies and all persons dealing with the corporation may rely upon such certificates.
  8. A majority of the board of directors of the corporation shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes notwithstanding the existence of any vacancies in respect of the board of directors.
  9. Official actions may be taken by the corporation at meetings duly called by the chair upon three (3) days’ written notice to each director or upon the concurrence of at least a majority of the directors. In lieu of personal attendance by members of the board of directors at the same location, the board of directors may conduct meetings by teleconference or other available technological means suitable for conducting its business. Meetings of the board shall be open and accessible to the public in accordance with KRS 61.805 to 61.850 , and any alternate method of conducting a meeting in lieu of personal attendance shall ensure public access.
  10. Directors, except officers or employees of the state, shall receive one hundred dollars ($100) compensation per day for their services and shall be entitled to payment of any reasonable and necessary expense actually incurred in discharging their duties under this chapter.
  11. Recognizing that the corporation and the Kentucky Higher Education Assistance Authority are governed by identical boards of directors and managed by a common executive director and otherwise share staff functions, the two (2) organizations shall provide technical, clerical, and administrative assistance to each other and for the Asset Resolution Corporation, the Kentucky Educational Savings Plan Trust, and the Commonwealth postsecondary education prepaid tuition trust fund, together with necessary office space and personnel, and shall assist each other in all ways by the performance of any and all actions which may be useful or beneficial in the performance of their public functions.
  12. The corporation shall enter into contracts with the Kentucky Higher Education Assistance Authority, the Asset Resolution Corporation, the Kentucky Educational Savings Plan Trust, and the Commonwealth postsecondary education prepaid tuition trust fund as may be proper and appropriate in respect to services which may include but not be limited to the servicing and collection of insured student loans or to facilitate the common administration, operation, and management of the contracting entities.

History. Enact. Acts 1978, ch. 387, § 5, effective June 17, 1978; 1988, ch. 271, § 1, effective July 15, 1988; 1994, ch. 91, § 5, effective March 22, 1994; 1994, ch. 447, § 5, effective April 11, 1994; 1997 (1st Ex. Sess.), ch. 1, § 135, effective May 30, 1997; 1998, ch. 152, § 1, effective July 15, 1998; 1998, ch. 282, § 1, effective July 15, 1998; 2002, ch. 253, § 2, effective July 15, 2002; 2003, ch. 180, § 10, effective June 24, 2003; 2004, ch. 111, § 7, effective July 13, 2004; 2012, ch. 84, § 2, effective July 12, 2012.

Compiler’s Notes.

Section 6 of 1994 Acts, ch. 447 provides that: “The existing boards of the Kentucky Higher Education Assistance Authority and the Kentucky Higher Education Student Loan Corporation shall continue in operation and changes made by Sections 4 and 5 of this Act shall only apply to vacancies and replacements occurring subsequent to the effective date of this Act. Contrary provisions of Section 6 of 1994 Senate Bill 40 (Acts 1994, ch. 91) as they relate to these two specific boards are hereby repealed.”

NOTES TO DECISIONS

1. Sovereign immunity.

Kentucky Higher Education Student Loan Corporation was not an arm of the state entitled to sovereign immunity under the Tenth and Eleventh Amendments because it failed to establish that the Commonwealth's fiscal relationship to it rose above a voluntary option to contribute toward its expenses, and it was engaged in a commercial, interstate activity that went far beyond the more traditional purpose of making education available to citizens of the Commonwealth. Gaffney v. Ky. Higher Educ. Student Loan Corp., 2016 U.S. Dist. LEXIS 90171 (M.D. Tenn. July 12, 2016).

Opinions of Attorney General.

The duties of the director of the loan corporation set forth under subsection (8) of this section merely reflect that the legislature desires to be specific as to what he must do with respect to managing the affairs of the corporation, and certainly would not establish the director as an officer within the meaning of the case law. OAG 82-282 .

The Kentucky Higher Education Assistance Authority and the Kentucky Higher Education Student Loan Corporation may be hybrid public bodies rather than state agencies. Assuming arguendo that they are state agencies, and as a consequence their governing board members are state officers, the executive director selected by the Kentucky Higher Education Assistance Authority would not appear to qualify as a state officer, but must be considered a state employe within the meaning of Const., § 165 and KRS 61.080 ; the same would be true with respect to his serving as Executive Director to the Kentucky Higher Education Student Loan Corporation pursuant to this section. OAG 82-282 .

From the standpoint of the incompatible offices provisions of Const., § 165 and KRS 61.080 , state officers are not prohibited from holding positions on the boards of directors of the Kentucky Housing Corporation and the Kentucky Higher Education Student Loan Corporation when those officers are holding positions specifically authorized by KRS 198A.030(3) and subsection (3) of this section, because where a statute provides for the appointment of specifically designated public officers to hold another public office, these public officers hold their second public office in an “ex officio” capacity, which eliminates the possibility of a constitutional or statutory incompatibility. OAG 91-208 .

164A.055. Asset Resolution Corporation — Purpose — Powers — Compensation.

  1. As used in this section:
    1. “Board” means the board of directors of the Kentucky Higher Education Student Loan Corporation acting in the capacity of the board of Asset Resolution Corporation; and
    2. “Corporation” means the Asset Resolution Corporation created in this section.
  2. There is hereby created an instrumentality of the Commonwealth to be known as Asset Resolution Corporation for the purpose of promoting higher educational opportunities for the citizens of the Commonwealth by providing debt resolution services for student loan obligations held by the United States Department of Education or other third-party entities and any other related activity to the extent such activity is not limited or prohibited by statute or other governing authority.
  3. The corporation shall be attached to the Kentucky Higher Education Student Loan Corporation for administrative and reporting purposes and shall be governed, managed, and administered as a separate and distinct instrumentality of the Commonwealth in accordance with this section.
  4. The Kentucky Higher Education Student Loan Corporation and its facilities shall be used and employed in the administration of the corporation, including but not limited to the keeping of records and the employment of staff to assist in the performance of the designated activities of the corporation.
  5. The board shall have the power and authority to:
    1. Sue and be sued;
    2. Promulgate administrative regulations and adopt procedures to implement this section;
    3. Make and enter into contracts necessary for the administration of the corporation;
    4. Adopt a corporate seal and change and amend it from time to time;
    5. Make, execute, and effectuate any and all agreements or other documents with the United States Department of Education, this Commonwealth, any federal or state agency, or any person, corporation, association, partnership, or other organization or entity and perform other acts necessary or appropriate for the effectuation of its rights and duties pursuant to this section;
    6. Delegate to the Kentucky Higher Education Student Loan Corporation general supervision and direction over the administrative function of the corporation and its employees in carrying out the policies, programs, administrative regulations, and directives of the board;
    7. Carry out the duties and obligations of the corporation pursuant to this section, and to have any and all other powers as may be reasonably necessary for the effectuation of the purposes of the corporation; and
    8. Adopt bylaws for the conduct of its business, including the designation of directors, and prescribe rules, regulations, and policies in connection with the performance of its functions and duties.
  6. Board members, except officers or employees of the state, shall receive compensation for their services in the amount of one hundred dollars ($100) per day for attendance at each board meeting and shall be entitled to payment of any reasonable and necessary expenses actually incurred in discharging their duties under this section.

History. Enact. Acts 2012, ch. 84, § 1, effective July 12, 2012; 2014, ch. 44, § 1, effective July 15, 2014.

164A.060. Powers of corporation.

The corporation shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the following powers:

  1. To make or participate in the making of insured student loans.
  2. To purchase or participate in the purchase of insured student loans, which purchase may be from eligible lenders.
  3. To sell or participate in the sale of insured student loans, which sale may be to eligible lenders or to the student loan marketing association.
  4. To collect and pay reasonable fees and charges in connection with making, purchasing, and servicing or causing to be made, purchased, or serviced insured student loans by the corporation, including payment to the guarantee agency for services performed for the corporation.
  5. To procure insurance in respect of all student loans made or purchased by the corporation.
  6. To consent whenever it deems it necessary or desirable in the fulfillment of its corporate purposes to the modification of the rate of interest, time of payment of any installment of principal or interest or any other terms of any insured student loan to which the corporation is a party; provided, that no such consent shall be made or given if the effect of same would be to obviate insurance coverage in respect of any student loan.
  7. To include in any borrowing such amounts as may be deemed necessary by the corporation to pay financing charges, interest on its obligations for a period not exceeding two (2) years from their date, consulting, advisory and legal fees, and such other expenses as are necessary or incident to any such borrowing.
  8. To make and publish rules and regulations respecting its lending programs and such other rules and regulations as are necessary to effectuate its corporate purposes.
  9. To make, execute, and effectuate any and all agreements or other documents with any federal or state agency or any person, corporation, association, partnership, or other organization or entity and perform other acts necessary or appropriate to accomplish effectively the purposes of this chapter.
  10. To accept appropriations, loans, grants, revenue sharing, devises, gifts, bequests and federal grants, and any other aid from any source whatsoever and to agree to, and to comply with, conditions incident thereto.
  11. To sue and be sued in its own name and to plead and be impleaded.
  12. To maintain an office in the city of Frankfort, Kentucky, in conjunction with or in close proximity to the Kentucky Higher Education Assistance Authority and such other regional offices as may be required.
  13. To adopt an official seal and alter the same at pleasure.
  14. To adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations, and policies in connection with the performance of its functions and duties.
  15. To employ fiscal consultants, attorneys, counselors, and such other consultants and employees as may be required in the judgment of the corporation and to fix and pay their compensation.
  16. To invest any funds held in reserves or in sinking fund accounts or any moneys not required for immediate disbursement in obligations guaranteed by the United States or its agencies and instrumentalities; provided, however, that the return on such investments shall not be violative of any laws and regulations regarding investment of the proceeds of any federal tax-exempt bond issue.
  17. To issue its bonds and notes for the purpose of carrying out its corporate powers and duties as set forth in this chapter.
  18. To service and collect educational loans for other lenders, holders, and educational institutions.
  19. Except where specifically prohibited by law, to secure data from any other Commonwealth of Kentucky agency or instrumentality or from any other source in furtherance of any purposes of the corporation related to any program or function administered by the corporation.

History. Enact. Acts 1978, ch. 387, § 6, effective June 17, 1978; 1996, ch. 350, § 7, effective July 15, 1996; 2004, ch. 111, § 8, effective July 13, 2004.

NOTES TO DECISIONS

1. Sovereign immunity.

Kentucky Higher Education Student Loan Corporation was not an arm of the state entitled to sovereign immunity under the Tenth and Eleventh Amendments because it failed to establish that the Commonwealth's fiscal relationship to it rose above a voluntary option to contribute toward its expenses, and it was engaged in a commercial, interstate activity that went far beyond the more traditional purpose of making education available to citizens of the Commonwealth. Gaffney v. Ky. Higher Educ. Student Loan Corp., 2016 U.S. Dist. LEXIS 90171 (M.D. Tenn. July 12, 2016).

164A.065. Powers of corporation as to supplemental student loans.

The corporation is hereby authorized to exercise all powers granted by this chapter in furtherance of programs of supplemental loans for students, parent loans for undergraduate student loans, and consolidation loans pursuant to Section 428A, Section 428B, and Section 428C of the Federal Higher Education Act of 1965, as amended, and health education assistance loans pursuant to the Health Professions Educational Assistance Act of 1976, Public Law 94-484, as amended. Any reference in this chapter, without limitation, to student loan or insured student loan shall be deemed to include a loan to parents authorized by Section 428B of the Federal Higher Education Act of 1965, as amended, and health education assistance loan.

History. Enact. Acts 1982, ch. 179, § 2, effective April 1, 1982; 1988, ch. 256, § 3, effective July 15, 1988.

Compiler’s Notes.

Sections 428A, 428B, and 428C of the Higher Education Act of 1965, referred to in this section, are codified as 20 USCS §§ 1078-1, 1078-2 and 1078-3.

The provisions of the Health Professions Educational Assistance Act of 1976 (P.L. 94-484) relating to health education assistance loans referenced herein have been substantially amended. For current provisions relating to this subject, see 42 USCS §§ 292 et seq.

164A.070. Status of obligations issued by corporation.

  1. Obligations issued under the provisions of this chapter shall not be deemed to constitute a debt, liability or obligation of the state or a pledge of the faith and credit of the state, but shall be payable solely from the revenues or assets of the corporation. Each obligation issued under this chapter shall contain on the face thereof a statement to the effect that the corporation shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of the state is pledged to the payment of the principal of or the interest on such obligation.
  2. Expenses incurred by the corporation in carrying out the provisions of this chapter may be made payable from funds provided pursuant to this chapter and no liability shall be incurred by the corporation hereunder beyond the extent to which moneys shall have been so provided.

History. Enact. Acts 1978, ch. 387, § 7, effective June 17, 1978.

164A.080. Bond issue — Amount — Interest — Use of proceeds — Approval of General Assembly required for certain bond or note issuances — Exception.

  1. The corporation may provide for the issuance, at one (1) time or from time to time, of not exceeding five billion dollars ($5,000,000,000) in bonds of the corporation to carry out and effectuate its corporate purposes and powers. In anticipation of the issuance of bonds, the corporation may provide for the issuance, at one (1) time or from time to time, of bond anticipation notes. The principal of and the interest on bonds or notes shall be payable solely from the funds provided for payment. Any notes may be made payable from the proceeds of bonds or renewal notes or, if bond or renewal note proceeds are not available, notes may be paid from any available revenues or assets of the corporation. The bonds or notes of each issue shall be dated and may be made redeemable before maturity at the option of the corporation at the price or prices and under the terms and conditions determined by the corporation. Any bonds or notes shall bear interest at a rate or rates determined by the corporation. Notes shall mature at a time or times not exceeding five (5) years from their date or dates and bonds shall mature at a time or times not exceeding thirty (30) years from their date or dates, as determined by the corporation. The corporation shall determine the form and manner of execution of the bonds or notes, including any interest coupons to be attached, and shall fix the denomination or denominations and the place or places of payment of principal and interest, which may be any bank or trust company within or without the state. If any officer whose signature or a facsimile of whose signature appears on any bonds or notes or coupons attached to them shall cease to be an officer before the delivery of the bonds or notes, the signature or facsimile shall be valid and sufficient for all purposes as if he had remained in office until the delivery. The corporation may also provide for the authentication of the bonds or notes by a trustee or fiscal agent. The bonds or notes may be issued in coupon or in registered form, or both, as the corporation may determine, and provision may be made for the registration of any coupon bonds or notes as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds or notes of any bonds or notes registered as to both principal and interest, and for the interchange of registered and coupon bonds or notes. Upon the approval of a resolution of the corporation authorizing the sale of its bonds or notes, the bonds or notes may be sold in a manner, either at public or private sale, and for a price the corporation shall determine to be for the best interest of the corporation and best effectuate the purposes of this chapter if the sale is approved by the corporation.
  2. The proceeds of any bonds or notes shall be used solely for the purposes for which they are issued and shall be disbursed in a manner and under restrictions, if any, the corporation may provide in the resolution authorizing the issuance of bonds or notes or in the trust agreement securing the bonds or notes. The principal of and interest on any bonds issued by the corporation shall be payable only from the proceeds derived by the corporation from insured student loans made and purchased from the proceeds of the bonds.
    1. Prior to the issuance of any bonds or notes that are not secured by the repayment of student loans at least ninety-five percent (95%) insured by the guarantee agency and reinsured by the United States of America, the corporation shall obtain approval of the issuance from the General Assembly in accordance with the provisions of KRS 56.870(1). This requirement shall not apply to refunding bond or note issues which are for the purpose of achieving debt service savings and which do not extend the term of the refunded bond or note. (3) (a) Prior to the issuance of any bonds or notes that are not secured by the repayment of student loans at least ninety-five percent (95%) insured by the guarantee agency and reinsured by the United States of America, the corporation shall obtain approval of the issuance from the General Assembly in accordance with the provisions of KRS 56.870(1). This requirement shall not apply to refunding bond or note issues which are for the purpose of achieving debt service savings and which do not extend the term of the refunded bond or note.
    2. Notwithstanding paragraph (a) of this subsection, if during the interim of sessions of the General Assembly, the federal act is amended to reduce to less than ninety-five percent (95%) the maximum rate of insurance payable by the guarantee agency or reinsurance payable by the Secretary of Education of the United States on insured student loans, upon notification by the corporation to the Legislative Research Commission of the change in the federal act, the corporation may, until the adjournment of the next even-numbered-year regular session of the General Assembly, issue bonds or notes for student loans insured by the guarantee agency and reinsured by the Secretary of Education of the United States to the maximum extent permitted by the federal act.

History. Enact. Acts 1978, ch. 387, § 8, effective June 17, 1978; 1980, ch. 124, § 1, effective April 3, 1980; 1982, ch. 179, § 1, effective April 1, 1982; 1984, ch. 314, § 1, effective July 13, 1984; 1994, ch. 35, § 2, effective March 8, 1994; 1994, ch. 53, § 3, effective July 15, 1994; 1996, ch. 350, § 8, effective July 15, 1996; 2000, ch. 52, § 1, effective July 14, 2000; 2001, ch. 58, § 30, effective June 21, 2001; 2002, ch. 6, § 1, effective July 15, 2002; 2005, ch. 161, § 1, effective June 20, 2005.

Legislative Research Commission Note.

(7/15/94). This section was amended by 1994 Ky. Acts chs. 35 and 53. Where these Acts are not in conflict, they have been compiled together. Where a conflict exists, Acts ch. 53, which was last enacted by the General Assembly, prevails under KRS 446.250 .

164A.090. Trust agreements authorized.

In the discretion of the corporation any obligation issued under the provisions of this chapter may be secured by a trust agreement by and between the corporation and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such obligations may pledge or assign all or any part of the revenues or assets of the corporation, including, without limitation, insured student loans, insured student loan commitments, temporary loans, contracts, agreement and other security or investment obligations, the fees or charges made or received by the corporation, the moneys received in payment of insured student loans and interest thereon, including the proceeds of insurance thereon, and any other moneys received or due to be received by the corporation. Such trust agreement or resolution may contain such provisions for protecting and enforcing the rights and remedies of the holders of any such obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the corporation in relation to the purposes to which obligation proceeds may be applied, the disposition or pledging of the revenues or assets of the corporation, the terms and conditions for the issuance of additional obligations, and the custody, safeguarding and application of all moneys. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of obligations, revenues or other money hereunder to furnish such indemnifying bonds or to pledge such securities as may be required by the corporation. Any such trust agreement or resolution may set forth the rights and remedies of the holders of any obligations and of the trustee, and may restrict the individual right of action by any such holders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the corporation may deem reasonable and proper for the security of the holders of any obligations. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be paid from the revenues or assets pledged or assigned to the payment of the principal of and the interest on obligations or from any other funds available to the corporation.

History. Enact. Acts 1978, ch. 387, § 9, effective June 17, 1978.

164A.100. Pledge of assets or revenues of corporation.

The pledge of any assets or revenues of the corporation to the payment of the principal of or the interest on any obligations of the corporation shall be valid and binding from the time when the pledge is made and any such assets or revenues shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the corporation, irrespective of whether such parties have notice thereof. Nothing herein shall be construed to prohibit the corporation from selling any assets subject to any such pledge except to the extent that any such sale may be restricted by the trust agreement or resolution providing for the issuance of such obligations.

History. Enact. Acts 1978, ch. 387, § 10, effective June 17, 1978.

164A.110. All moneys received deemed trust funds.

Notwithstanding any other provisions of law to the contrary, all moneys received pursuant to the authority of this chapter shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The resolution authorizing any obligations or the trust agreement securing the same may provide that any of such moneys may be temporarily invested pending the disbursement thereof and shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and such resolution or trust agreement may provide. Any such moneys or any other moneys of the corporation may be invested as provided in KRS 386.020 .

History. Enact. Acts 1978, ch. 387, § 11, effective June 17, 1978.

164A.120. Rights of holders of obligations.

Any holder of obligations issued under the provisions of this chapter or any coupons appertaining thereto, and the trustee under any trust agreement or resolution authorizing the issuance of such obligations, except the rights herein given may be restricted by such trust agreement or resolution, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted hereunder or under such trust agreement or resolution, or under any other contract executed by the corporation pursuant to this chapter, and may enforce and compel the performance of all duties required by this chapter or by such trust agreement or resolution to be performed by the corporation or by any officer thereof.

History. Enact. Acts 1978, ch. 387, § 12, effective June 17, 1978.

164A.130. Obligations issued under chapter are negotiable instruments.

Notwithstanding any of the foregoing provisions of this chapter or any recitals in any obligations issued under the provisions of this chapter, all such obligations and interest coupons appertaining thereto shall be and are hereby made negotiable instruments under the laws of this state, subject only to any applicable provisions for registration.

History. Enact. Acts 1978, ch. 387, § 13, effective June 17, 1978.

164A.140. Public agencies, political subdivisions and others may invest in the securities issued by the corporation.

Obligations issued under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such obligations are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds, notes or obligations of the state is now or may hereafter be authorized by law.

History. Enact. Acts 1978, ch. 387, § 14, effective June 17, 1978.

164A.150. Issuance of refunding obligations.

  1. The corporation is hereby authorized to provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which shall have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations and, if deemed advisable by the corporation, for any corporate purpose of the corporation. The issuance of such obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the corporation in respect of the same shall be governed by the provisions of this chapter which relate to the issuance of obligations, insofar as such provisions may be appropriate therefor.
  2. Refunding obligations may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of such outstanding obligations. Pending the application of the proceeds of any such refunding obligations, with any other available funds, to the payment of the principal, accrued interest and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing the same, to the payment of any interest on such refunding obligations and any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America which shall mature or which shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.

History. Enact. Acts 1978, ch. 387, § 15, effective June 17, 1978.

164A.160. Reserve or replacement funds.

The corporation shall be authorized and empowered in connection with the issuance of its bonds and notes for student loan purposes pursuant to this chapter to establish in respect of such bonds and notes such reserve funds or replacement funds as may be required in the sound discretion of the board of directors of the corporation to enable the corporation to effectuate its proper public purposes. In the event any such reserve fund or replacement fund created by the corporation in connection with any such bonds or notes issued pursuant to a general bond resolution adopted prior to January 1, 2003, should, in violation of any contract made by the corporation with any bondholder or noteholder, be monetarily deficient in any respect as of any date of accounting so stipulated by the corporation, the corporation shall immediately make formal request in writing to the secretary of the Finance and Administration Cabinet, and to the Governor of Kentucky that sums adequate to restore such reserve fund or replacement fund to its contractually required level and to pay any overdue principal and interest on any outstanding bonds and notes of the corporation be included in the next succeeding executive budget, and that such budget request with recommendation for approval by the General Assembly of an appropriated legislative appropriation by the General Assembly to the corporation for the use and benefit of such reserve fund or replacement fund be submitted to such session of the General Assembly. In the event the next scheduled even-numbered-year regular session of the General Assembly of Kentucky shall occur more than six (6) months after any such request by the corporation, the corporation shall request that sums adequate to restore such reserve fund or replacement fund to such contractually required level and to pay any overdue principal and interest on any outstanding bonds and notes of the corporation be made available from the Governor’s contingency fund, and if such funds are so made available the budget request hereinabove described in this section shall be correspondingly reduced.

History. Enact. Acts 1978, ch. 387, § 16, effective June 17, 1978; 2001, ch. 58, § 28, effective June 21, 2001; 2003, ch. 8, § 2, effective June 24, 2003.

164A.170. Annual report and audit.

The corporation shall, promptly following the close of each fiscal year, submit an annual report of its activities for the preceding year to the Governor and the General Assembly. Each such report shall set forth a complete operating and financial statement of the corporation during the year. The corporation shall also cause an annual audit to be made by a resident independent certified public accountant of its books, accounts, and records, with respect to its receipts, disbursements, contracts, mortgages, leases, assignments, loans and all other matters relating to its financial operations. The persons performing such audit shall furnish copies of the audit report to the secretary of the Finance and Administration Cabinet, where they shall be placed on file and made available for inspection by the general public.

History. Enact. Acts 1978, ch. 387, § 17, effective June 17, 1978.

164A.180. Exemption from personal liability.

No member or other officer of the corporation shall be subject to any personal liability or accountability by reason of his execution of any obligations or the issuance thereof.

History. Enact. Acts 1978, ch. 387, § 18, effective June 17, 1978.

164A.190. Acceptance of and expenditure of moneys received from General Assembly.

The corporation is authorized to accept and expend such moneys as may be appropriated from time to time by the General Assembly or such moneys as may be received from any source including income from the corporation’s operations, for effectuating its corporate purposes including, without limitation, the payment of the initial expenses of administration and operation and the establishment of a reserve or contingency fund to be available for the payment of the principal of and interest on any bonds or notes of the corporation.

History. Enact. Acts 1978, ch. 387, § 19, effective June 17, 1978.

164A.200. Corporation exempt from taxation — Interest on bonds issued by corporation may be subject to federal income taxation.

The Kentucky Higher Education Student Loan Corporation has been duly created as an independent de jure municipal corporation and political subdivision of the Commonwealth of Kentucky. As the corporation will in all respects be performing essential governmental and public functions, the corporation shall not be required to pay any taxes or assessments upon any of its property, real, personal, or mixed, nor upon the income therefrom; and bonds, notes or other obligations issued by the corporation under this chapter, the income thereon, and the transfer thereof, including any profit made on the sale thereof, shall at all times be exempt from taxation or assessment of any type by the Commonwealth, its agencies and departments, and by all political subdivisions within the state. Nothing contained in this chapter shall preclude or prevent the authorization and issuance by the corporation from time to time of bonds, notes or other obligations, the receipt of interest on which may be subject to federal income taxation.

History. Enact. Acts 1978, ch. 387, § 20, effective June 17, 1978; 1984, ch. 356, § 1, effective July 13, 1984.

164A.210. Conflicts of interest.

If any member, officer or employee of the corporation shall be interested either directly or indirectly, or shall be an officer or employee of or have an ownership interest in any firm or corporation interested directly or indirectly in any contract with the corporation, such interest shall be disclosed to the corporation and shall be set forth in the minutes of the corporation, and the member, officer or employee having such interest therein shall not participate on behalf of the corporation in the authorization of any such contract.

History. Enact. Acts 1978, ch. 387, § 21, effective June 17, 1978.

164A.220. Chapter deemed supplemental to other laws.

The foregoing sections of this chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing; provided, however, that the issuance of bonds or notes under the provisions of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds or notes.

History. Enact. Acts 1978, ch. 387, § 22, effective June 17, 1978.

164A.230. Dissolution of corporation.

Upon termination or dissolution, all rights and properties of the corporation shall pass to and be vested in the Commonwealth of Kentucky, subject to the rights of lienholders and other creditors, unless the board of directors directs at such times that they be distributed among one (1) or more corporations, trusts, community chests, funds or foundations organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder, member or individual and no substantial part of whose activities consists of carrying on propaganda, or otherwise attempting to influence legislation.

History. Enact. Acts 1978, ch. 387, § 23, effective June 17, 1978.

164A.240. “Eligible borrower” defined — Additional student loans permitted — Garnishment — Administrative regulations — Bonds to finance loans — Maximum annual loan amount.

    1. As used in this section, the term “eligible borrower” means a student, a former student, or the parent of a dependent student or former student, who demonstrates an intention and capacity to repay an educational loan and meets the loan criteria established by the promulgation of administrative regulations by the corporation. (1) (a) As used in this section, the term “eligible borrower” means a student, a former student, or the parent of a dependent student or former student, who demonstrates an intention and capacity to repay an educational loan and meets the loan criteria established by the promulgation of administrative regulations by the corporation.
    2. Notwithstanding KRS 164A.020 , with respect to any educational loan made or financed under this section, and any bonds or notes of the corporation to finance educational loans under this section, as used in KRS 164A.010 to 164A.240 , the term:
      1. “Disposable pay” means the amount remaining of a borrower’s employment earnings after the deduction of all amounts withheld as required by law;
      2. “Eligible institution” shall be deemed to include any educational institution approved by the corporation;
      3. “Eligible lender” shall be deemed to include any financial institution approved by the corporation; and
      4. “Insured student loan” or “student loan” shall be deemed to include any educational loan.
    1. In addition to the authority granted by KRS 164A.010 to 164A.240 , the corporation is authorized to: (2) (a) In addition to the authority granted by KRS 164A.010 to 164A.240 , the corporation is authorized to:
      1. Establish, finance, and operate educational loan programs deemed necessary by the Kentucky Higher Education Assistance Authority to make or cause to be made educational loans to meet the financial needs of eligible borrowers;
      2. Exercise any of its powers with respect to educational loans pursuant to KRS 164A.010 to KRS 164A.240; and
      3. Establish an administrative garnishment process for the collection of defaulted educational loans and promulgate regulations pursuant to KRS Chapter 13A pertaining to the process. The process shall begin no sooner than one hundred eighty (180) days after the borrower fails to make payments on the debt that has been due and owing. The process shall limit garnishment to no more than ten percent (10%) of the disposable pay of the defaulted borrower and ensure that the borrower’s due process rights are protected.
    2. The corporation may, in connection with the program, enter into agreements with loan servicing organizations, guarantors, insurers, financial institutions, eligible lenders, and eligible institutions. The educational loan programs may provide for either the making of educational loans to eligible institutions and the relending to eligible borrowers or the making and purchasing of educational loans by the corporation.
  1. The corporation may promulgate administrative regulations to implement the provisions of KRS 164A.010 to 164A.240 .
  2. The corporation may finance the educational loan programs through the issuance of its bonds or notes subject to the provisions set forth in KRS 164A.010 to 164A.240 , except that KRS 164A.080(3) shall not apply to any loans and KRS 164A.160 shall not apply to any bonds or notes issued to fund loans authorized in this section. The proceeds of the bonds or notes used for the educational loan programs may be commingled with the proceeds of bonds or notes financing insured student loans as defined by KRS 164A.020 . The bonds or notes issued under the provisions of this subsection shall be special and limited obligations, payable solely and only from the receipts pledged and shall not constitute an indebtedness or liability of the Commonwealth or a pledge of the faith and credit of the Commonwealth.
  3. The corporation may establish reserve funds or replacement funds in connection with the issuance of bonds and notes for educational loan purposes as determined to be necessary by the board to enable the corporation to accomplish its proper public purposes.
    1. The maximum annual loan amount shall not exceed: (6) (a) The maximum annual loan amount shall not exceed:
      1. The costs incurred by the eligible borrower related to attendance less other financial aid, as certified by the eligible institution;
      2. The repayment amount of loans to fund the borrower’s cost; or
      3. A lesser amount established by the board.
    2. The loan proceeds shall be used by the eligible borrower solely for these purposes.
  4. The corporation may issue taxable bonds or notes for the financing of any program authorized by this chapter.
  5. The Kentucky Higher Education Assistance Authority shall provide the services as the corporation may require to efficiently carry out the purposes of this section.
  6. A person under the age of eighteen (18) years shall be deemed to have full capacity to act and shall have all rights, powers, privileges, and obligations of a person of full age for the purpose of applying for, receiving, and repaying educational loans authorized pursuant to this section. Notwithstanding any other statute to the contrary, a repayment obligation imposed by this section shall not be voidable by reason of the age of the recipient at the time of receiving the educational loan.
  7. The corporation shall establish the interest rates and other terms and conditions for educational loans in a manner that it determines is financially sound. No provision of any other law of the Commonwealth of Kentucky that limits the rate or amount of interest payable on a loan shall apply to an educational loan authorized by this section.
  8. A loan made pursuant to this section shall be governed by Kentucky law.
  9. KRS 164.774 and 131.565 are applicable to loans made pursuant to this section.

History. Enact. Acts 1982, ch. 403, § 8, effective July 15, 1982; repealed, reenact. and amend. Acts 1988, ch. 35, § 1, effective July 15, 1988; 2003, ch. 8, § 1, effective June 24, 2003; 2003, ch. 115, § 5, effective June 24, 2003; 2013, ch. 28, § 1, effective June 25, 2013; 2019 ch. 6, § 4, effective June 27, 2019.

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 403, § 8, effective July 15, 1982) was formerly compiled as KRS 164.755 .

164A.250. Student loan forgiveness program for graduates in energy-related fields.

  1. It is the intent of the General Assembly to establish a student loan forgiveness program for individuals who receive a bachelor’s degree or graduate degree from a Kentucky college or university after August 30, 2007, and who are employed in an energy-related field as engineers, engineering technologists, chemists, geologists, or hydrologists in Kentucky. The loan forgiveness program shall be funded by the Commonwealth of Kentucky using state appropriations and shall be administered by the Kentucky Higher Education Student Loan Corporation. All costs associated with the program shall be paid for by the Commonwealth of Kentucky, including the reimbursement of any expenses incurred by the corporation in its administration of the program.
  2. To the extent funds are available, the corporation shall provide eligible individuals forgiveness of loans within the Federal Family Education Loan Program held by the corporation up to a maximum of:
    1. Twenty percent (20%) of the loan balance principal; and
    2. Accrued interest;
  3. An individual shall be eligible for the loan forgiveness if he or she:
    1. Is a Kentucky resident, as determined by the corporation using the criteria established by the Council on Postsecondary Education for the purposes of postsecondary admission and tuition assessment;
    2. Is a citizen of the United States;
    3. Received a bachelor’s degree or graduate degree after August 30, 2007, from a postsecondary education institution in Kentucky that is accredited by a regional or national accrediting association; and
    4. Is employed full-time in Kentucky in an eligible occupation as set forth in subsection (4) of this section.
  4. Qualified employment in an eligible occupation shall be employment in an energy-related field as an engineer, including environmental engineer; engineering technologist, including environmental engineering technologist; chemist; geologist; or hydrologist. The corporation shall establish the specific eligible occupational titles within the eligible occupations set forth in this subsection through the promulgation of administrative regulations using the Standard Occupational Classification System of the Bureau of Labor Statistics within the U.S. Department of Labor. The corporation shall consult with the Council on Postsecondary Education in determining eligible occupational titles.
  5. The corporation shall promulgate administrative regulations in accordance with KRS Chapter 13A as may be needed for the administration of the loan forgiveness program.

for each year of qualified employment in Kentucky after August 30, 2007, in an eligible occupation as set forth in subsection (4) of this section.

History. Enact. Acts 2007 (2nd Ex. Sess.), ch. 1, § 53, effective August 30, 2007.

164A.260. STABLE Kentucky account.

  1. As used in this section, “STABLE Kentucky account” means an account established by or for the benefit of an eligible individual, as that term is defined by 26 U.S.C. sec. 529 A, and established and maintained by the Commonwealth of Kentucky or pursuant to any agreement between the Commonwealth and any other state.
  2. A STABLE Kentucky account and any investment income earned on a STABLE Kentucky account shall be exempt from all taxation by the Commonwealth of Kentucky or any of its political subdivisions.
    1. Distributions from a STABLE Kentucky account shall not be subject to Kentucky income tax if the distributions are for qualified disability expenses as defined by 26 U.S.C. sec. 529 A. (3) (a) Distributions from a STABLE Kentucky account shall not be subject to Kentucky income tax if the distributions are for qualified disability expenses as defined by 26 U.S.C. sec. 529 A.
    2. A rollover of funds from one (1) STABLE Kentucky account to another STABLE Kentucky account or to an account established under 26 U.S.C. sec. 529 shall not be treated as a distribution so long as:
      1. The funds are being transferred into an account for:
        1. The same eligible individual; or
        2. An eligible individual who is a member of the same household; and
      2. The amount is paid into the new account within sixty (60) days of being removed from the original account.
    3. Any change in the designated beneficiary of a STABLE Kentucky account shall not be treated as a distribution for purposes of taxation so long as the new beneficiary is a member of the same household.

HISTORY: 2018 ch. 177, § 1, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). Under the authority of KRS 7.136(1), the Reviser of Statutes has modified the internal numbering of subsection (3) of this statute from the way it appeared in 2018 Ky. Acts ch. 177, sec. 1. The words in the text were not changed.

Kentucky Educational Savings Plan Trust

164A.300. Legislative findings and intent.

  1. The General Assembly of the Commonwealth of Kentucky hereby declares as a legislative finding of fact that the general welfare and well-being of the Commonwealth are directly related to the educational levels and skills of the citizens of the Commonwealth. Therefore, a vital and valid public purpose of the Commonwealth is served by the creation and implementation of programs which encourage and make possible the attainment of higher education by the greatest number of citizens of the Commonwealth.
  2. The General Assembly finds, declares, and recognizes that the Commonwealth has limited resources to provide additional programs for higher education funding and that the continued operation and maintenance of the institutions of higher education in Kentucky and the general welfare of the citizens and the Commonwealth will be enhanced by creation of a program pursuant to which citizens and others may invest money in a public trust for future application to the payment of higher education costs in the Commonwealth and elsewhere and that the creation of a means of encouragement of citizens in the investment of funds for such future higher education application represents the carrying out of a valid and vital public purpose of the Commonwealth. In order to make available to the citizens of the Commonwealth an opportunity to fund future higher education needs for beneficiaries, it is necessary that a public trust be established in which the citizens of the Commonwealth and others may invest moneys for future educational use.
  3. It is the intent of the General Assembly of the Commonwealth of Kentucky to create the Kentucky Educational Savings Plan Trust. The implementation and effectuation of the Kentucky Educational Savings Plan Trust as provided by KRS 164A.300 to 164A.380 constitutes the carrying out of a valid and vital public purpose for which public funds of the Commonwealth may be expended.
  4. It is in the best interest of the people of the Commonwealth to establish and provide for the operation of the Kentucky Educational Savings Plan Trust in a manner conforming to federal law that allows participants and beneficiaries federal income taxation benefits on contributions and earnings on contributions expended by the trust for the higher education costs of a beneficiary.

History. Enact. Acts 1988, ch. 88, § 1, effective July 15, 1988; 1992, ch. 190, § 2, effective July 14, 1992; 1998, ch. 132, § 1, effective March 26, 1998; 2000, ch. 382, § 1, effective July 14, 2000.

164A.305. Definitions for KRS 164A.300 to 164A.380.

As used in KRS 164A.300 to 164A.380 , except where the context clearly requires another interpretation:

  1. “Act” means the Kentucky Educational Savings Plan Trust Act codified at KRS 164A.300 to 164A.380 ;
  2. “Administrative fund” means the funds used to administer the Kentucky Educational Savings Plan Trust;
  3. “Beneficiary” means:
    1. Any person designated at the commencement of participation by a participation agreement to benefit from payments for education costs at an educational institution;
    2. The new beneficiary, in the case of a change of beneficiaries pursuant to KRS 164A.330(4); or
    3. The scholarship recipient, in the case of a participation agreement entered into as part of a scholarship program operated by a state or local government organization or an organization described in Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. sec. 501(c)(3) , that is exempt from federal income taxation pursuant to Section 501(a) of that code;
  4. “Benefits” means the payment of education costs on behalf of a beneficiary by the savings plan trust during the beneficiary’s attendance at an educational institution;
  5. “Board” means the board of directors of the Kentucky Higher Education Assistance Authority;
  6. “Educational institution” means an eligible educational institution under 26 U.S.C. sec. 529(e)(5) or an elementary or secondary public, private, or religious school;
  7. “Institution of higher education” means an institution as defined in Section 529(e)(5) of the Internal Revenue Code of 1986, as amended;
  8. “Kentucky Educational Savings Plan Trust” or “savings plan trust” means the trust created pursuant to KRS 164A.310 ;
  9. “Participant” means an organization described in Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. sec. 501(c)(3) , that is exempt from federal income taxation pursuant to Section 501(a) of that code, an individual, firm, corporation, a state or local government organization, or a legal representative of any of the foregoing who has entered into a participation agreement pursuant to KRS 164A.300 to 164A.380 for the advance payment of educational costs on behalf of a beneficiary;
  10. “Participation agreement” means an agreement between a participant and the savings plan trust, pursuant to and conforming with the requirements of KRS 164A.300 to 164A.380 ;
  11. “Program administrator” means the administrator of the savings plan trust appointed by the board to administer and manage the trust;
  12. “Program fund” means the program fund established by KRS 164A.335 which shall be held as a separate fund within the savings plan trust;
  13. “Qualified educational expenses” means:
    1. With regard to higher education expenses, the costs specified in 26 U.S.C. sec. 529(e)(3) for attendance at an institution of higher education;
    2. With regard to elementary and secondary education expenses, tuition of up to ten thousand dollars ($10,000) per year in connection with enrollment or attendance at an elementary or secondary public, private, or religious school;
    3. With regard to qualified education loan repayments, the amounts paid as principal or interest on any qualified education loan, as defined in 26 U.S.C. sec. 221(d) , of the beneficiary or his or her sibling, not to exceed an aggregate amount of ten thousand dollars ($10,000) per person; and
    4. With regard to registered apprenticeship programs, expenses for fees, books, supplies, and equipment for participation in an apprenticeship program registered and certified with the United States Secretary of Labor;
  14. “Tuition” means the quarterly or semester charges imposed to attend an educational institution and required as a condition of enrollment; and
  15. “Vested participation agreement” means a participation agreement which has been in full force and effect during eight (8) continuous years of residency of the beneficiary in the Commonwealth while participating in the savings plan trust.

History. Enact. Acts 1988, ch. 88, § 2, effective July 15, 1988; 1992, ch. 190, § 3, effective July 14, 1992; 1996, ch. 11, § 1, effective July 15, 1996; 1998, ch. 132, § 3, effective March 26, 1998; 2000, ch. 382, § 2, effective July 14, 2000; 2018 ch. 137, § 1, effective July 14, 2018; 2020 ch. 65, § 1, effective July 15, 2020.

164A.310. Kentucky Educational Savings Plan Trust — Powers of board.

There is hereby created an instrumentality of the Commonwealth to be known as the Kentucky Educational Savings Plan Trust. The board, in the capacity of trustee, shall have the power and authority to:

  1. Sue and be sued;
  2. Make and enter into contracts necessary for the administration of the savings plan trust pursuant to KRS 164A.300 to 164A.380 ;
  3. Adopt a corporate seal and to change and amend it from time to time;
  4. Invest moneys within the program fund in any investments determined by the board to be appropriate, notwithstanding any other statutory limitations contained in the Kentucky Revised Statutes, which are specifically determined to be inapplicable to the savings plan trust;
  5. Enter into agreements with any educational institution, the Commonwealth of Kentucky, or any federal or other state agency or other entity as required for the effectuation of its rights and duties pursuant to KRS 164A.300 to 164A.380 ;
  6. Accept any grants, gifts, legislative appropriations, and other moneys from the Commonwealth, any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the administrative fund or the program fund, which, in the case of any contributions from other than general funds of the Commonwealth, may be limited in application to definite classes of beneficiaries;
  7. Enter into participation agreements with participants;
  8. Make payments to an educational institution pursuant to participation agreements on behalf of beneficiaries;
  9. Make refunds to participants upon the termination of participation agreements pursuant to the provisions, limitations, and restrictions set forth in KRS 164A.300 to 164A.380 ;
  10. Appoint a program administrator and to determine the duties of the program administrator and other staff as necessary and fix their compensation within the provisions of KRS Chapter 18A;
  11. Delegate to the program administrator general supervision and direction over the administrative function of the trust and its employees in carrying out the policies, programs, administrative regulations, and directives of the board;
  12. Make provision for the payment of costs of administration and operation of the savings plan trust;
  13. Carry out the duties and obligations of the savings plan trust pursuant to KRS 164A.300 to 164A.380 and to have any and all other powers as may be reasonably necessary for the effectuation of the purposes of the savings plan trust and KRS 164A.300 to 164A.380 ; and
  14. Promulgate administrative regulations to implement the provisions of KRS 164A.300 to 164A.380 consistent with the federal Internal Revenue Code and administrative regulations issued pursuant to that code.

HISTORY: Enact. Acts 1988, ch. 88, § 3, effective July 15, 1988; 1990, ch. 321, § 9, effective July 13, 1990; 1992, ch. 190, § 4, effective July 14, 1992; 1998, ch. 132, § 2, effective March 26, 1998; 2000, ch. 382, § 3, effective July 14, 2000; 2018 ch. 137, § 2, effective July 14, 2018.

Compiler’s Notes.

Section 13 of Acts 2000, ch. 382, effective July 14, 2000, read:

“Moneys held by the Kentucky Educational Savings Plan Trust on June 30, 2000, as an endowment for purposes of distributing investment earnings to beneficiaries enrolled in an institution of higher education in Kentucky may, at the discretion of the board of directors of the Kentucky Higher Education Assistance Authority in its capacity of trustee, be distributed as follows:

“(1) The investment earnings on the endowment fund accrued as of June 30, 2000, shall be allocated and proportionally added to each participant’s account in the program fund; and

“(2) The remainder of the moneys held in the endowment fund on June 30, 2000, including, but not limited to, any contributions to the endowment, may be distributed in any amount and combination of the following dispositions:

“(a) Proportionally added to each participant’s account in the program fund; or

“(b) Transferred to the administrative fund.”

164A.315. Office facilities, clerical and administrative support for endowment trust. [Repealed]

HISTORY: Enact. Acts 1988, ch. 88, § 4, effective July 15, 1988; 1992, ch. 190, § 5, effective July 14, 1992; repealed by 2015 ch. 94, § 2, effective June 24, 2015.

Compiler's Notes.

This section (Enact. Acts 1988, ch. 88, § 4, effective July 15, 1988; 1992, ch. 190, § 5, effective July 14, 1992) was repealed by Acts 2015, ch. 94, § 2, effective June 24, 2015.

164A.320. Board of the trust — Membership — Terms — Meetings. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 88, § 5, effective July 15, 1988) was repealed by Acts 1992, ch. 190, § 13, effective July 14, 1992.

164A.325. Additional powers of board as to savings plan trust.

In addition to effectuating and carrying out all of the powers granted by KRS 164A.300 to 164A.380 , the board, as trustee, shall have all powers necessary to carry out and effectuate the purposes, objectives, and provisions of KRS 164A.300 to 164A.380 pertaining to the savings plan trust, including, but not limited to, the power to:

  1. Engage investment advisors to assist in the investment of savings plan trust assets;
  2. Carry out studies and projections in order to advise participants regarding present and estimated future education costs and levels of financial participation in the trust required in order to enable participants to achieve their educational funding objectives;
  3. Contract, in accordance with the provisions of KRS 45A.345 to 45A.460 under KRS 45A.343 , for goods and services and engage personnel as necessary, including consultants, actuaries, managers, counsel, and auditors for the purpose of rendering professional, managerial, and technical assistance and advice, all of which contract obligations and services shall be payable from any moneys of the trust;
  4. Participate in any other way in any federal, state, or local governmental program for the benefit of the savings plan trust;
  5. Promulgate, impose, and collect administrative fees and charges in connection with transactions of the savings plan trust, and provide for reasonable service charges, including penalties for cancellations and late payments in respect of participation agreements;
  6. Procure insurance against any loss in connection with the property, assets or activities of the savings plan trust;
  7. Administer the funds of the savings plan trust;
  8. Procure insurance indemnifying any member of the board from personal loss or accountability arising from liability resulting from a member’s action or inaction as a member of the board; and
  9. Promulgate reasonable rules and regulations for the administration of the savings plan trust.

HISTORY: Enact. Acts 1988, ch. 88, § 6, effective July 15, 1988; 1990, ch. 321, § 10, effective July 13, 1990; 1992, ch. 190, § 6, effective July 14, 1992; 2000, ch. 382, § 4, effective July 14, 2000; 2018 ch. 137, § 3, effective July 14, 2018.

164A.330. Participation agreements for savings plan trust — Confidentiality of information.

The savings plan trust shall have the authority to enter into participation agreements with participants on behalf of beneficiaries pursuant to the following terms and agreements:

  1. Each participation agreement shall require a participant to agree to invest a specific amount of money in the trust for a specific period of time for the benefit of a specific beneficiary. Participation agreements may be amended to provide for adjusted levels of contributions based upon changed circumstances or changes in educational plans and may contain penalties for failure to make contributions when scheduled;
  2. Notwithstanding the provisions of subsection (1) of this section, participants may elect to enter into a lump-sum contribution participation agreement in connection with which a single, lump-sum contribution is made by the participant for the benefit of a beneficiary;
  3. Execution of a participation agreement by the trust shall not guarantee in any way that educational costs will be equal to projections and estimates provided by the trust or that the beneficiary named in any participation agreement will:
    1. Be admitted to an educational institution;
    2. Be allowed to continue attendance at the educational institution following admission;
    3. Graduate from the educational institution; or
    4. With regard to an institute of higher education, if admitted, be determined to be a resident for tuition purposes by the institution, unless the participation agreement is vested;
  4. Beneficiaries may be changed as permitted by the rules and regulations of the board upon written request of the participant provided, however, that the substitute beneficiary shall be eligible;
  5. Participation agreements shall be freely amended throughout their terms in order to enable participants to increase or decrease the level of participation, change the designation of beneficiaries, and carry out similar matters;
  6. Each participation agreement shall provide that for vested participation agreements, the beneficiary shall be considered a resident of the Commonwealth for tuition purposes if the beneficiary enrolls in an institution of higher education in Kentucky;
  7. Each participation agreement shall provide that it may be canceled under the terms and conditions, including payment of the fees and costs, set forth in the rules and regulations promulgated by the board;
  8. The participation agreement shall ensure that contributions made pursuant to subsections (1) and (2) of this section shall not be made in real or personal property other than cash and shall not exceed the anticipated education costs of the beneficiary;
  9. The participation agreement shall provide that the participant and the beneficiary shall not directly or indirectly or otherwise control the investment of contributions or earnings on contributions;
  10. Information obtained from a participant or a beneficiary and other personally identifiable records made by the trust in the administration of this chapter shall not be published or be open for public inspection pursuant to KRS 61.870 to 61.884 , except as provided below:
    1. Upon written request, a participant or beneficiary or his legal representative shall be entitled to be advised of the aggregate balance of contributions and earnings for all participation agreements that designate that same beneficiary;
    2. Information may be made available to public employees in the performance of their duties, but the agency receiving the information shall assure the confidentiality, as provided for in this section, of all information so released;
    3. Statistical information derived from information and records obtained or made by the trust may be published, if it in no way reveals the identity of any participant or beneficiary; and
    4. Nothing in this section shall preclude the program administrator or any employee of the board from testifying or introducing as evidence information or records obtained or made by the trust in any proceeding under this chapter, in an action to which the trust is a party, or upon order of a court.

HISTORY: Enact. Acts 1988, ch. 88, § 7, effective July 15, 1988; 1992, ch. 190, § 7, effective July 14, 1992; 1996, ch. 11, § 2, effective July 15, 1996; 1998, ch. 132, § 4, effective March 26, 1998; 2000, ch. 382, § 5, effective July 14, 2000; 2018 ch. 137, § 4, effective July 14, 2018.

164A.335. Program and administrative funds for savings plan trust — Investment and payments from funds.

The board, as trustee, shall segregate moneys received by the savings plan trust into two (2) funds, which shall be identified as the program fund and the administrative fund. Transfers may be made from the program fund to the administrative fund for the purpose of paying operating costs associated with administering the trust and as required by KRS 164A.300 to 164A.380 . All moneys credited to the administrative fund shall be deposited in accordance with KRS 41.070 . All moneys paid by participants in connection with participation agreements shall be deposited as received into the program fund and shall be promptly invested and accounted for separately. Contributions shall be accounted for separately for each beneficiary. Deposits and interest thereon accumulated on behalf of participants in the program fund of the savings plan trust may be used for payments to any institution of higher education.

History. Enact. Acts 1988, ch. 88, § 8, effective July 15, 1988; 1992, ch. 190, § 8, effective July 14, 1992; 1998, ch. 132, § 5, effective March 26, 1998; 2000, ch. 382, § 6, effective July 14, 2000.

164A.337. Endowment trust for student financial assistance benefits — Authority to incorporate corporation to administer — Annual report. [Repealed]

  1. The board is authorized to incorporate an organization pursuant to KRS Chapter 273 for the eleemosynary, charitable, and educational purposes of administering an endowment trust. The organization so created shall be an instrumentality of the Commonwealth, but shall possess no part of the sovereign powers of the Commonwealth. The corporation shall be created to qualify as a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code.
  2. The endowment trust created pursuant to subsection (1) of this section shall solicit and accept gifts, grants, donations, bequests, or other endowments, including general fund appropriations from the Commonwealth and grants from any federal or other governmental agency, for the purposes of the endowment trust.
  3. The endowment trust shall provide student financial assistance benefits, including, but not limited to, grants, scholarships, or loans to pay higher education costs of members of the public, designated as beneficiaries of participation agreements under the Kentucky Educational Savings Plan Trust, who enroll in an institution of higher education in Kentucky.
  4. The board is authorized to transfer to the endowment trust, after its qualification under Section 501(c)(3) of the Internal Revenue Code, any funds or assets then held in the endowment fund initially established pursuant to KRS 164A.335 .
  5. Any gifts, grants, or donations made by any governmental unit or any person, firm, partnership or corporation to the endowment trust shall be a grant, gift, or donation for the accomplishment of a valid public, eleemosynary, charitable, and educational purpose.
  6. The endowment trust shall submit an annual audited report, in accordance with KRS 164A.365(1) and (2), to the program administrator not later than the fifteenth of each September.

History. Enact. Acts 1992, ch. 190, § 1, effective July 14, 1992; repealed by 2015 ch. 94, § 1, effective June 24, 2015.

Compiler's Notes.

Section 501(c)(3) of the Internal Revenue Code, referred to in subsection (4) of this section, is compiled as 26 USCS § 501(c)(3).

This section (Enact. Acts 1992, ch. 190, § 1, effective July 14, 1992) was repealed, reeancted and amended as KRS 164.7534 by Acts 2015, ch. 94, § 1, effective June 24, 2015.

164A.340. Substitution of beneficiaries. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 88, § 8, effective July 15, 1988) was repealed by Acts 1992, ch. 190, § 13, effective July 14, 1992.

164A.345. Cancellation of participation agreements. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 88, § 10, effective July 15, 1988; 1992, ch. 190, § 9, effective July 14, 1992) was repealed by Acts 1998, ch. 132, § 7, effective March 26, 1998.

164A.350. Ownership of contributions and interest — Cancellation of participation agreement — Transfer of ownership rights — Penalty on earnings refunded due to cancellation or nondistribution — Exemption from creditor’s execution.

For all purposes of Kentucky law, the following shall be applicable:

  1. The trust shall exercise ownership of all contributions made under any participation agreement and all interest derived from the investment of the contributions made by the participant up to the date of utilization for payment of educational costs for the beneficiary. All contributions made under any participant agreement and interest derived from the investment of the contributions made by the participant shall be deemed to be held in trust for the benefit of the beneficiary;
  2. Any participant may cancel a participation agreement at any time, and terminate the trust’s ownership rights thereby created in whole or in part, by delivering an instrument in writing signed and delivered to the program administrator or his designee. In the event the participation agreement is terminated in part, the trust shall retain ownership of all contributions made under the participation agreement not previously expended for the qualified educational expenses of the beneficiary and not returned to the participant. The participant shall retain a reversionary right to receive upon termination the actual market value of the participant’s account at the time of the cancellation, including interest, except that the participant may be required to pay a penalty upon the interest that has been credited to the participant’s account in accordance with subsection (6) of this section;
  3. The educational institution shall obtain ownership of the distributions made from the participant’s account for the qualified educational expenses paid to the institution at the time each payment is made to the institution;
  4. Any amounts received by the trust pursuant to the Kentucky Educational Savings Plan Trust which are not listed in this section shall be owned by the trust;
  5. A participant may transfer the participant’s rights to another eligible participant, including, but not limited to, a gift of the participant’s rights to a minor beneficiary pursuant to KRS Chapter 385, except that, notwithstanding KRS 385.202(1), the transfer shall be effected and the property distributed in accordance with administrative regulations promulgated by the board or the terms of the participation agreement;
  6. Notwithstanding any other law to the contrary, if any earnings on contributions are refunded due to cancellation of the participation agreement by the participant or nondistribution of the funds for payment of the beneficiary’s qualified educational expenses, the board may charge a penalty to the participant against the earnings on contributions. No penalty shall be charged when a refund is made due to:
    1. The death, permanent disability, or mental incapacity of the beneficiary; or
    2. The beneficiary’s receipt of a scholarship, an educational assistance allowance under Chapters 30, 31, 32, 34, or 35 of Title 38, United States Code, or a payment exempt from income taxation by any law of the United States, other than a gift, bequest, devise, or inheritance within the meaning of Section 102(a) of the Internal Revenue Code, 26 U.S.C. sec. 102(a) , for educational expenses, or attributable to attendance at an institution of higher education, to the extent that the amount refunded does not exceed the amount of the scholarship, allowance, or payment; and
  7. Notwithstanding any other provision of law to the contrary, contributions and earnings on contributions held by the trust shall be exempt from levy of execution, attachment, garnishment, distress for rent, or fee bill by a creditor of the participant or the beneficiary. No interest of the participant or beneficiary in the trust shall be pledged or otherwise encumbered as security for a debt.

HISTORY: Enact. Acts 1988, ch. 88, § 11, effective July 15, 1988; 1992, ch. 190, § 10, effective July 14, 1992; 1998, ch. 132, § 6, effective March 26, 1998; 2000, ch. 163, § 10, effective July 14, 2000; 2000, ch. 382, § 7, effective July 14, 2000; 2003, ch. 180, § 5, effective June 24, 2003; 2004, ch. 111, § 9, effective July 13, 2004; 2018 ch. 137, § 5, effective July 14, 2018.

164A.355. Effect of payments on determination of need and eligibility for student aid.

No student loan program, student grant program or other program administered by any agency of the Commonwealth, except as may be otherwise provided by federal law or the provisions of any specific grant applicable thereto, shall take into account and consider amounts available for the payment of higher education costs pursuant to the Kentucky Educational Savings Plan Trust in determining need and eligibility for student aid.

History. Enact. Acts 1988, ch. 88, § 12, effective July 15, 1988.

164A.360. Borrowing from the trust. [Repealed]

HISTORY: Enact. Acts 1988, ch. 88, § 13, effective July 15, 1988; 2000, ch. 382, § 8, effective July 14, 2000; repealed by 2018 ch. 137, § 7, effective July 14, 2018.

164A.365. Annual audited financial report to Governor, General Assembly, and State Auditor.

  1. The board shall submit an annual audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the savings plan trust by the first day of November to the Governor, the General Assembly, and the Auditor of Public Accounts. The annual audit shall be made by an independent certified public accountant and shall include, but not be limited to, direct and indirect costs attributable to the use of outside consultants, independent contractors, and any other persons who are not state employees.
  2. The annual audit shall be supplemented by the following information prepared by the board:
    1. Any studies or evaluations prepared in the preceding year;
    2. A summary of the benefits provided by the trusts including the number of participants and beneficiaries in the trust; and
    3. Any other information which is relevant in order to make a full, fair, and effective disclosure of the operations of the savings plan trust and the endowment trust.

History. Enact. Acts 1988, ch. 88, § 14, effective July 15, 1988; 1992, ch. 190, § 11, effective July 14, 1992.

164A.370. Tax exemption.

The property of the trust and its income from operations shall be exempt from all taxation by the Commonwealth of Kentucky or any of its political subdivisions. Investment income earned on contributions paid by any participant and used for qualified educational expenses defined in KRS 164A.305(13) or refunded under KRS 164A.350 shall not be subject to Kentucky income tax by either a participant or any beneficiary of a participation agreement, the purposes for which the investment income was accrued being deemed and declared to be entirely public in nature. Earnings that are not used for qualified educational expenses as defined in KRS 164A.305(13) and are refunded shall be subject to Kentucky income tax, except for earnings refunded pursuant to KRS 164A.350 .

HISTORY: Enact. Acts 1988, ch. 88, § 15, effective July 15, 1988; 2000, ch. 382, § 9, effective July 14, 2000; 2003, ch. 150, § 2, effective June 24, 2003; 2003, ch. 180, § 6, effective June 24, 2003; 2018 ch. 137, § 6, effective July 14, 2018.

164A.375. Property rights to assets in trust.

The assets of the trust, including the program fund, shall at all times be preserved, invested and expended solely and only for the purposes of the trust and shall be held in trust for the participants and beneficiaries and no property rights therein shall exist in favor of the Commonwealth. The assets shall not be transferred or used by the Commonwealth for any purposes other than the purposes of the trust.

History. Enact. Acts 1988, ch. 88, § 16, effective July 15, 1988; 2000, ch. 382, § 10, effective July 14, 2000.

164A.380. Liberal construction.

KRS 164A.300 to 164A.380 shall be construed liberally in order to effectuate its legislative intent. The purposes of KRS 164A.300 to 164A.380 and all provisions of KRS 164A.300 to 164A.380 with respect to powers granted shall be broadly interpreted to effectuate such intent and purposes and not as to any limitation of powers.

History. Enact. Acts 1988, ch. 88, § 17, effective July 15, 1988.

Financial Management of Institutions of Higher Education

164A.550. Definitions for KRS 164A.555 to 164A.630.

As used in KRS 164A.555 to 164A.630 unless the context otherwise requires:

  1. “Governing board” means the board of trustees or board of regents constituting the corporate bodies established by KRS 164.160 and 164.310 for the purpose of governing universities and colleges and technical institutions.
  2. “Institutions” means all public supported postsecondary educational institutions in Kentucky recognized in KRS 164.100 , 164.290 , 164.580 , or 164.810(1)(a).
  3. “Affiliated corporation” means a corporate entity which is not a public agency and which is organized pursuant to the provisions of KRS Chapter 273 over which an institution exercises effective control, by means of appointments to its board of directors, and which could not exist or effectively operate in the absence of substantial assistance from an institution.
  4. “Depository bank” means any bank so designated by the Treasurer of the Commonwealth as appropriate for receiving public moneys.

History. Enact. Acts 1982, ch. 391, § 1, effective July 15, 1982; 1988, ch. 257, § 6, effective July 15, 1988; 1997 (1st Ex. Sess.), ch. 1, § 136, effective May 30, 1997.

NOTES TO DECISIONS

Cited:

Hutsell v. Sayre, 5 F.3d 996, 1993 U.S. App. LEXIS 24888 (6th Cir. 1993), cert. denied, 510 U.S. 1119, 114 S. Ct. 1071, 127 L. Ed. 2d 389, 1994 U.S. LEXIS 1541, 62 U.S.L.W. 3551 (1994).

Opinions of Attorney General.

The foundation of a state university (a nonprofit fiduciary holding funds for the benefit of any form of state organization) is not required under KRS 41.070 to deposit moneys received by it in the state treasury as foundation funds are private rather than public funds. OAG 82-521 .

Acts 1982, ch. 391 (KRS 164A.550 to 164A.630 ) was designed to permit state universities to integrate certain state financial management procedures, such as are found in KRS Chapters 41, 42, 45, 56 and 57, with various university funding programs. OAG 84-189 .

The university management legislation would not prevent the Murray State University Foundation from becoming or remaining nonaffiliated with the University or other state agency. OAG 84-189 .

164A.555. Transfer of funds to institutions.

The secretary of the Finance and Administration Cabinet shall issue warrants authorizing the Treasurer of the Commonwealth of Kentucky to pay to the treasurer of each institution any amounts due by virtue of the state appropriations for that institution, or transfer the amount due electronically if electronic transfer is authorized by statute. The transfer of funds shall be handled in a manner to assure a zero (0) balance in the general fund account at the university.

History. Enact. Acts 1982, ch. 391, § 2, effective July 15, 1982.

NOTES TO DECISIONS

  1. Application.
  2. Governor's Authority.
1. Application.

Governor could not reduce state universities' appropriated allotments based on the universities' trust and agency funds because, inter alia, this exceeded the governor's authority to withdraw allotments, as Ky. Rev. Stat. Ann. § 45.253(4) conflicted with Ky. Rev. Stat. Ann. § 164A.555 , which controlled over the former statute and clearly mandated the secretary of the Finance and Administration Cabinet to allocate appropriated funds to the universities. Commonwealth ex rel. Andy Beshear v. Matthew Bevin, 498 S.W.3d 355, 2016 Ky. LEXIS 435 ( Ky. 2016 ).

2. Governor's Authority.

Governor could not require state universities not to spend appropriated allotments because the universities controlled the universities own expenditures. Commonwealth ex rel. Andy Beshear v. Matthew Bevin, 498 S.W.3d 355, 2016 Ky. LEXIS 435 ( Ky. 2016 ).

164A.560. Election by institution to perform in accordance with KRS 164A.555 to 164A.630.

  1. The governing boards of the postsecondary educational institutions electing to perform in accordance with KRS 164A.555 to 164A.630 regarding the acquisition of funds, accounting, purchasing, capital construction, and affiliated corporations shall do so by regulation. The responsibility for this election is vested with the governing boards, any other statute to the contrary notwithstanding. The governing board may delegate these responsibilities by regulation to appropriate officials of the institution. The anticipated investment earnings which have been credited to the general fund and the anticipated investment earnings on funds in the capital construction account, excluding revenue bonds, for fiscal years 1982-83 and 1983-84 may be deducted from the respective institution’s trust and agency funds on deposit prior to the issuance of a check or transfer to the governing board.
  2. The governing boards of institutions may elect to receive, deposit, collect, retain, invest, disburse, and account for all funds received or due from any source including, but not limited to, state and federal appropriations for the support or maintenance of the general operations or special purpose activities of such institutions. In the event of such election by the governing board:
    1. The treasurer of the institution shall deposit on a timely basis all tuition fees, fees for room and board, incidental fees, contributions, gifts, donations, devises, state and federal appropriations, moneys received from sales and services, admittance fees, and all other moneys received from any source, in a depository bank or banks designated by the governing board.
    2. The governing board shall promulgate rules and regulations limiting disbursements to the amounts and for the purposes for which state appropriations have been made, or for which other moneys have been received. All disbursements shall be recorded in a system of accounts as set forth in KRS 164A.555 to 164A.630 . The treasurer of each institution shall prescribe forms to be used with the system of accounts, and no treasurer shall approve any disbursement document unless he determines that the disbursement is to satisfy a liability of the institution incurred for authorized purposes and that the disbursement is to be made from the unexpended balance of a proper allotment.

History. Enact. Acts 1982, ch. 391, § 3, effective July 15, 1982; 1997 (1st Ex. Sess.), ch. 1, § 137, effective May 30, 1997.

Opinions of Attorney General.

From the language of this section it is clear the state universities are at liberty to elect all, some of or none of the provisions of KRS 164A.550 to 164A.630 . OAG 82-520 ; 82-521.

State universities have a choice as to whether or not to organize an affiliated corporation pursuant to KRS Chapter 273 to be subject to the provisions of KRS 164A.550 to 164A.630 . OAG 82-521 .

Funds, other than private funds and contributions, received by an affiliated corporation are subject to the provisions of KRS 41.070 ; however, if the state university has elected to receive, deposit, collect, retain, invest, disburse and account for all funds received or due from any source as provided by subsection (2) of this section, then the receipts of an affiliated corporation to that university would no longer be required to be deposited in the state treasury. OAG 82-521 .

164A.565. Accrual basis accounting system — Other records — Annual report — Budgets, financial statements, and meetings information to be publicly available on Web site.

  1. The governing board of each postsecondary educational institution making the election authorized in KRS 164A.560 shall as a condition of such election install an accrual basis accounting system conforming with generally accepted accounting principles and procedures established for colleges and universities by the National Association of College and University Business Officers and the American Institute of Certified Public Accountants. The accounting system shall include but not be limited to the following fund structure:
    1. An operating fund group (unrestricted current funds), consisting of all moneys not otherwise restricted, available for general operations, including state appropriations, federal funds, and unrestricted institutional receipts. Separate accounting fund groups may be established for auxiliary enterprises, athletics, hospitals, and other similar operations;
    2. A restricted fund group consisting of appropriations and other receipts restricted as to purpose which shall not be included in the operating fund;
    3. A loan fund group consisting of gifts, grants, and other funds provided and available for loans to students;
    4. An endowment fund group consisting of funds, the principal of which is not currently expendable;
    5. An agency fund group consisting of resources held by the institutions as custodian or fiscal agent for individual students, faculty, staff members, and organizations;
    6. A plant fund group consisting of:
      1. Unexpended plant funds to be used for the acquisition of long-lived assets for institutional purposes (capital construction funds);
      2. Funds for renewal, maintenance, and replacement of institutional buildings, equipment, and other properties; and
      3. Funds set aside for debt service charges and retirement of indebtedness on institutional plant.
  2. A record of each general fund appropriation shall be maintained so as to identify the institutional budgets to which such funds are allotted. Any uncommitted state general funds remaining after the close of business on the last day of the fiscal year shall lapse and be returned to the Treasury of the Commonwealth. Each appropriation shall be used for the intended purpose and where questions of intent arise subject to the provisions of KRS 45.750 and 45.800 in the case of capital construction projects and major items of equipment as defined by these sections, the decision of the secretary of finance and administration, based upon budget work papers, shall be final.
  3. A separate account showing sources of revenue and all expenditures shall be maintained for each capital construction project. At the end of each fiscal year, a report containing a listing of all capital construction projects, with sources of funds, expenditures, and current status for each, shall be submitted to the Capital Projects and Bond Oversight Committee.
  4. Within thirty (30) days after July 15, 1982, the secretary of the Finance and Administration Cabinet shall submit to the Capital Projects and Bond Oversight Committee a complete record of all funds and project records transferred to institutions under the provisions of KRS 164A.555 to 164A.630 .
  5. Within thirty (30) days after July 15, 1982, the governing boards shall submit to the Capital Projects and Bond Oversight Committee a report containing a complete list of capital construction projects and unexpended plant funds in existence on July 15, 1982. The source of funds, expenditures, and current status of each project shall be shown.
  6. State general funds appropriated by the General Assembly for capital construction projects and equipment purchases as defined in KRS 45.750 through 45.800 shall not lapse at the end of a fiscal year. They shall be carried forward until the project is completed. Any such unexpended funds remaining after acceptance of the project as complete shall be returned to a surplus account of the capital construction fund for investment until appropriated and allotted as provided in KRS 45.750 through 45.800 .
  7. Long lived assets of the institution, including land, buildings, and capital equipment shall be accounted for in the plant fund group.
  8. The governing boards of each institution shall make an annual report of the financial activity to the Council on Postsecondary Education. The report shall meet the requirements of the council’s system of uniform financial reporting for institutions of higher education.
  9. By January 1, 2012, the governing boards of each institution shall make available on the institution’s Web site:
    1. The board-approved operating and capital budgets for the current and prior two (2) fiscal years;
    2. The institution’s audited financial statements for the previous three (3) fiscal years; and
    3. The agendas and actions of all meetings of the governing board for the previous three (3) years.

History. Enact. Acts 1982, ch. 391, § 4, effective July 15, 1982; 1997 (1st Ex. Sess.), ch. 1, § 138, effective May 30, 1997; 2011, ch. 105, § 4, effective June 8, 2011.

164A.570. Annual audit.

The governing board of any postsecondary educational institution making the election prescribed in KRS 164A.560 shall engage a qualified firm of certified public accountants experienced in the auditing of institutions to conduct an annual examination of the institution’s financial statements in accordance with generally accepted auditing standards for the purpose of submitting an independent opinion, and preparing a report of findings and recommendations concerning internal accounting controls and procedures, and compliance with KRS 164A.555 to 164A.630 . The secretary of the Finance and Administration Cabinet may prescribe the minimum scope of any such audit. The opinion, with the findings and recommendations, shall be forwarded to the Governor, the secretary of the Finance and Administration Cabinet, the Auditor of Public Accounts, the director of the Legislative Research Commission, the president of the Council on Postsecondary Education, and members of the governing board.

History. Enact. Acts 1982, ch. 391, § 5, effective July 15, 1982; 1997 (1st Ex. Sess.), ch. 1, § 139, effective May 30, 1997.

164A.575. Purchasing — Inventories — Lease renewals — Sales of surplus property — Bidding procedures — Kentucky-grown agricultural products — Reports — Capital construction projects and equipment not listed in budget bill — Reciprocal preference for resident bidders — Reverse auctions — Private loss insurance.

  1. The governing boards of each institution may elect to purchase interest in real property, contractual services, rentals of all types, supplies, materials, equipment, printing, and services, except that competitive bids may not be required for:
    1. Contractual services where no competition exists;
    2. Food, clothing, equipment, supplies, or other materials to be used in laboratory and experimental studies;
    3. Instructional materials available from only one (1) source;
    4. Where rates are fixed by law or ordinance;
    5. Library books;
    6. Commercial items that are purchased for resale;
    7. Professional, technical, scientific, or artistic services, but contracts shall be submitted in accordance with KRS 45A.690 to 45A.725 ;
    8. All other commodities, equipment, and services which, in the reasonable discretion of the board, are available from only one (1) source; and
    9. Interests in real property.
  2. Nothing in this section shall deprive the boards from negotiating with vendors who maintain a General Services Administration price agreement with the United States of America or any agency thereof, provided, however, that no contract executed under this provision shall authorize a price higher than is contained in the contract between General Services Administration and the vendor affected.
  3. The governing board shall require the institution to take and maintain inventories of plant and equipment.
  4. The governing board shall establish procedures to identify items of common general usage among all departments to foster volume purchasing. It shall establish and enforce schedules for purchasing supplies, materials, and equipment.
  5. The governing board shall have power to salvage, to exchange, and to condemn supplies, equipment, and real property.
  6. Upon the approval of the secretary of the Finance and Administration Cabinet, the governing board may purchase or otherwise acquire all real property determined to be needed for the institution’s use. The amount paid shall not exceed the fair market value as determined by a qualified appraiser or the value set by the eminent domain procedure. Any real property acquired under this section shall be in name of the Commonwealth for the use and benefit of the institution.
    1. Notwithstanding KRS 56.806 , the governing board may renegotiate the cost of a lease after the expiration of the lease term and any renewal terms provided in the lease prior to any renewal not provided for in the terms of the lease. (7) (a) Notwithstanding KRS 56.806 , the governing board may renegotiate the cost of a lease after the expiration of the lease term and any renewal terms provided in the lease prior to any renewal not provided for in the terms of the lease.
    2. Except when a lease incorporates a lease-purchase under KRS 56.806, the governing board shall reserve the right to cancel a lease upon at least thirty (30) days’ written notice.
    3. Notwithstanding KRS 56.823(2) and (3), any lease renewals, except automatic renewals permitted under KRS 56.803 , 56.805(2), and 56.806(1), for which the annual rental cost will exceed two hundred thousand dollars ($200,000) shall be reported to the Capital Projects and Bond Oversight Committee in the same format as set out in KRS 56.823(2).
    4. Notwithstanding KRS 56.813 , a public college or university may pay for improvements to leased property costing in excess of ten thousand dollars ($10,000) but less than one million dollars ($1,000,000) in a lump sum upon approval of its board using non-general fund appropriations and without incurring debt.
  7. The governing board shall sell or otherwise dispose of all real or personal property of the institution which is not needed or has become unsuitable for public use, or would be more suitable consistent with the public interest for some other use, as determined by the board. The determination of the board shall be set forth in an order, and shall be reached only after review of a written request by the institution desiring to dispose of the property. Such request shall describe the property and state the reasons why the institution believes disposal should be effected. All instruments required by law to be recorded which convey any interest in any such real property so disposed of shall be executed and signed by the appropriate officer of the board. Unless the board deems it in the best interest of the institution to proceed otherwise, all such real or personal property shall be sold either by invitation of sealed bids or by public auction; provided, however, that the selling price of any interest in real property shall not be less than the fair market value thereof as determined by the Finance and Administration Cabinet or the Transportation Cabinet for such requirements of that department.
  8. Real property or any interest therein may, subject to the provisions of KRS Chapter 45A, be purchased, leased, or otherwise acquired from any officer or employee of any board of the institution, based upon a written application by the grantor or lessor approved by the board, that the employee has not either himself or through any other person influenced or attempted to influence either the board requesting the purchase of the property. In any case in which such an acquisition is consummated, the said request and finding shall be recorded and kept by the Secretary of State along with the other documents recorded pursuant to the provisions of KRS Chapter 56.
    1. As used in this section, “construction manager-agency,” “construction management-at-risk,” “design-bid-build,” “design-build,” and “construction manager-general contractor” shall have the same meaning as in KRS 45A.030 . (10) (a) As used in this section, “construction manager-agency,” “construction management-at-risk,” “design-bid-build,” “design-build,” and “construction manager-general contractor” shall have the same meaning as in KRS 45A.030 .
    2. For capital construction projects, the procurement may be on a total design-bid-build basis, a design-build basis, construction manager-general contractor basis, or construction management-at-risk basis, whichever in the judgment of the board offers the best value to the taxpayer. Best value shall be determined in accordance with KRS 45A.070 . Proposals shall be reviewed by the institution’s engineering staff to assure quality and value, and compliance with procurement procedures. All specifications shall be written to promote competition. Services for projects delivered on the design-build basis, construction manager-general contractor basis, or construction management-at-risk basis shall be procured in accordance with KRS 45A.180 , KRS 45A.183 , and the regulations promulgated in accordance with KRS 45A.180 . Nothing in this section shall prohibit the procurement of construction manager-agency services.
    3. Notwithstanding KRS 45A.185 , for all capital construction projects, bidder security for competitive sealed bidding for construction contracts shall only be required when the price is estimated to exceed one million dollars ($1,000,000).
  9. The governing board shall attempt in every practicable way to insure the institution’s supplying its real needs at the lowest possible cost. To accomplish this the board may enter into cooperative agreements with other public or private institutions of education or health care.
  10. The governing board shall have control and supervision over all purchases of energy consuming equipment, supplies, and related equipment purchased or acquired by the institution, and shall designate by regulation the manner in which an energy consuming item will be purchased so as to promote energy conservation and acquisition of energy efficient products.
  11. The governing board may negotiate directly for the purchase of contractual services, supplies, materials, or equipment in bona fide emergencies regardless of estimated costs. The existence of the emergency must be fully explained, in writing, by the vice president responsible for business affairs and such explanation must be approved by the institution president. The letter and approval shall be filed with the record of all such purchases. Where practical, standard specifications shall be followed in making emergency purchases. A good faith effort shall be made to effect a competitively established price for emergency purchases.
    1. All governing boards that purchase agricultural products, as defined by KRS 45A.630 , shall, on or before January 1 of each year, provide a report to the Legislative Research Commission and to the Department of Agriculture describing the types, quantities, and costs of each product purchased. The report shall be completed on a form provided by the department. (14) (a) All governing boards that purchase agricultural products, as defined by KRS 45A.630 , shall, on or before January 1 of each year, provide a report to the Legislative Research Commission and to the Department of Agriculture describing the types, quantities, and costs of each product purchased. The report shall be completed on a form provided by the department.
    2. If purchasing agricultural products, a governing board shall encourage the purchase of Kentucky-grown agricultural products in accordance with KRS 45A.645 . If a governing board purchases agricultural products through a contract with a vendor or food service provider, the contract shall require that if Kentucky-grown agricultural products are purchased, the products shall be purchased in accordance with KRS 45A.645 . Only contracts entered into or renewed after July 15, 2008, shall be required to comply with the provisions of this subsection.
    3. All governing boards that purchase Kentucky-grown agricultural products shall, on or before January 1 of each year, provide a report to the Legislative Research Commission and to the Department of Agriculture describing the types, quantities, and costs of each product purchased. The report shall be completed on a form provided by the department.
  12. Notwithstanding KRS 45.760 , the governing board may authorize a capital construction project or a major item of equipment even though it is not specifically listed in any branch budget bill, subject to the following conditions and procedures:
    1. The full cost shall be funded solely by non-general fund appropriations;
    2. Moneys specifically budgeted and appropriated by the General Assembly for another purpose shall not be allotted or reallotted for expenditure on the project or major item of equipment. Moneys utilized shall not jeopardize any existing program and shall not require the use of any current general funds specifically dedicated to existing programs; and
    3. The institution’s president, or designee, shall submit the project or major item of equipment to the Capital Projects and Bond Oversight Committee for review as provided by KRS 45.800 .
  13. Governing boards shall apply the reciprocal resident bidder preference described in KRS 45A.494 prior to the award of any contract.
  14. Governing boards may authorize the use of reverse auctions as defined in KRS 45A.070 for the procurement of goods and leases.
    1. Notwithstanding KRS 56.070 , the governing board may obtain private insurance to cover any state property in the institution’s possession against loss by fire and other hazards. The level of private insurance coverage shall be commensurate with or greater than the insurance coverage provided through the state fire and tornado insurance fund. An institution whose governing board elects to obtain private insurance shall notify the secretary of the Finance and Administration Cabinet at least six (6) months before terminating the institution’s insurance coverage through the state fire and tornado insurance fund. (18) (a) Notwithstanding KRS 56.070 , the governing board may obtain private insurance to cover any state property in the institution’s possession against loss by fire and other hazards. The level of private insurance coverage shall be commensurate with or greater than the insurance coverage provided through the state fire and tornado insurance fund. An institution whose governing board elects to obtain private insurance shall notify the secretary of the Finance and Administration Cabinet at least six (6) months before terminating the institution’s insurance coverage through the state fire and tornado insurance fund.
    2. No later than January 1 of each year, an institution whose governing board elects to obtain private insurance instead of insurance coverage provided through the state fire and tornado insurance fund shall certify, in writing, to the secretary of the Finance and Administration Cabinet that the property is insured in accordance with paragraph (a) of this subsection and shall attach a copy of the private insurance policy.

History. Enact. Acts 1982, ch. 391, § 6, effective July 15, 1982; 1990, ch. 496, § 50, effective July 13, 1990; 1997 (1st Ex. Sess.), ch. 1, § 140, effective May 30, 1997; 2003, ch. 56, § 7, effective June 24, 2003; 2003, ch. 98, § 16, effective June 24, 2003; 2005, ch. 29, § 7, effective June 20, 2005; 2008, ch. 37, § 1, effective July 15, 2008; 2009, ch. 37, § 2, effective June 25, 2009; 2010, ch. 63, § 12, effective July 15, 2010; 2010, ch. 162, § 21, effective July 15, 2010; 2015 ch. 105, § 13, effective June 24, 2015; 2018 ch. 200, § 3, effective April 26, 2018.

164A.580. Management of capital construction projects.

Subject to the provisions of KRS 45.750 through 45.800 , 45A.180 , 45A.183 , and 56.870 to 56.874 , the governing board of each institution may provide for the management and administration of capital construction projects authorized for such institution including, but not limited to:

  1. The procurement of necessary consulting services;
  2. The supervision and control of the making of all contracts for building projects, renovation projects, repair projects, and supervision of same;
  3. The prescription of the amount and form of evidences of indebtedness submitted in connection with bids and contracts when not otherwise provided by law;
  4. The preparation of plans and specifications for any construction, alteration, or enlargement of buildings, structures, and other improvements;
  5. The advertisement of bids and the awarding of contracts in connection with such projects;
  6. The supervision and inspection of all related work;
  7. The approval of changes in plans or specifications; and
  8. The acceptance of such improvements when completed according to such plans and specifications.

HISTORY: Enact. Acts 1982, ch. 391, § 8, effective July 15, 1982; 2003, ch. 98, § 17, effective June 24, 2003; 2015 ch. 105, § 14, effective June 24, 2015.

164A.585. Contracting for capital construction projects — Items considered equal to specifications may be furnished.

  1. Subject to authorization by the General Assembly and KRS 164A.580 , the governing boards may make plans and specifications, advertise for bids, let contracts or incur any financing commitments, either in the way of a charge against institution funds or in the way of negotiations for issuance of revenue bonds, for any capital construction projects involving the improvement of lands or the construction, alteration, reconstruction, or major repair of any building or other structure, or sewage disposal, water supply system or other utility system.
  2. Review of construction plans for conformance with the uniform state building code shall be conducted by the Department of Housing, Buildings and Construction. The board shall not approve any such project requiring its approval in any instance where it finds that the project is not needed, or that the proposed method of financing is not sound, or in cases where the project will exceed the amount of the funds available therefor, or the work contemplated will be insufficient to accomplish the purpose of the project, or that after providing for the ordinary recurring expenses of administration and debt service and for payments under existing allotments for extraordinary expenses and capital outlay, cash will not be available in the Treasury to promptly pay for the work or that the work is to be done by employees of the institution.
  3. Any capital construction project, except as provided in subsection (4) of this section, shall be contracted for on a competitive bid basis, and the execution of such contracts shall be approved and authorized by the board. When a capital construction project has been approved as provided in this section, in whole or in part, the board shall prepare the plans and specifications, advertise for bids, award the contracts, supervise the construction and handle the financial negotiations.
    1. The governing board shall ensure that every invitation for bids or request for proposals shall provide that an item equal to that named or described in the specifications may be furnished.
    2. The specifications may identify a sole brand in cases where, in the written opinion of the chief procurement officer, documented unique and valid conditions require compatibility, continuity, or conformity with established standards.
    3. An item shall be considered equal to the item named or described if, in the opinion of the governing board and the design professional responsible for the specifications:
      1. It is at least equal in quality, durability, strength, design, and other criteria deemed appropriate;
      2. It will perform at least equally the function imposed by the general design for the public work being contracted for or the material being purchased; and
      3. It conforms substantially to the detailed requirements for the item in the specifications.
  4. A capital construction project, the total cost of completion of which will not exceed two hundred fifty thousand dollars ($250,000), may be performed by the employees of the institution or by individuals hired specifically for the project. Necessary materials and supplies shall be procured in accordance with the standard purchasing procedures and policies of the board as defined in KRS 164A.575 .

History. Enact. Acts 1982, ch. 391, § 9, effective July 15, 1982; 1986, ch. 338, § 2, effective July 15, 1986; 2003, ch. 98, § 18, effective June 24, 2003; 2006, ch. 93, § 1, effective July 12, 2006; 2008, ch. 47, § 6, effective July 15, 2008; 2009, ch. 72, § 2, effective June 25, 2009; 2010, ch. 24, § 225, effective July 15, 2010.

164A.590. Contracting for architectural and engineering services.

  1. In the procurement of architectural and engineering services, the governing board of the institution shall encourage firms engaged in the lawful practice of their profession to submit an annual statement of qualifications and performance data.
  2. When the need for architectural and engineering services arise for specific projects, the governing board shall evaluate current statements of qualifications and performance data on file with the Commonwealth, together with those that may be submitted by other firms and shall conduct discussions with no less than three (3) firms regarding anticipated design concepts and the relative utility of alternative methods of approach for furnishing the required services, and after applying the reciprocal preference for resident bidders under KRS 45A.494 , shall then select therefrom, in order of preference, based upon criteria established and published, no less than three (3) of the firms deemed to be the most highly qualified to provide the services required.
  3. The governing board shall negotiate a contract with the highest qualified firm for architectural and engineering services at compensation which the governing board determines in writing to be fair and reasonable to the Commonwealth. In making this decision, the governing board shall take into account the estimated value of the services to be rendered, the scope, complexity, and professional nature thereof. Should the governing board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price it determines to be fair and reasonable to the institution, negotiations with that firm shall be formally terminated. The governing board shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the governing board shall formally terminate negotiations with that firm. The governing board shall then undertake negotiations with the third most qualified firm. Should the governing board be unable to negotiate a satisfactory contract with any of the selected firms, it shall select additional firms in order of their competence and qualification and the governing board shall continue negotiations in accordance with this section until an agreement is reached.

History. Enact. Acts 1982, ch. 391, § 10, effective July 15, 1982; 2010, ch. 162, § 22, effective July 15, 2010.

164A.595. Carrying out of capital construction projects.

Capital construction projects shall be carried out as follows:

  1. Subject to the provisions of KRS 45.750 through 45.800 , 45A.180 , and 45A.183 , the governing boards of the institutions may acquire, erect, construct, reconstruct, improve, rehabilitate, remodel, repair, complete, extend, enlarge, equip, furnish, and operate any buildings, structures, improvements, or facilities, including any utilities, other related services and appurtenances and land required as the respective governing boards shall deem necessary for carrying on the educational, research or public service programs or discharging the statutory responsibilities of the universities and colleges and various divisions under the jurisdiction of the boards, or for the management, operation, or servicing of the universities and colleges.
  2. The governing boards may acquire real or personal property, by purchase, lease, sublease, condemnation, trade or exchange, gift, devise, or otherwise, and improve such property whenever in the judgment of the governing board it shall be necessary. The title to any real estate acquired under this section shall vest in the Commonwealth for the use and benefit of the appropriate institution.

HISTORY: Enact. Acts 1982, ch. 391, § 11, effective July 15, 1982; 2003, ch. 98, § 19, effective June 24, 2003; 2015 ch. 105, § 15, effective June 24, 2015.

164A.600. Procedures and limitations of KRS 45.750 through 45.800 and KRS Chapter 45A apply — Projects limited to scope authorized by General Assembly.

  1. The procedures and limitations related to capital construction and equipment purchases set forth in KRS 45.750 through 45.800 and for construction of capital projects set forth in KRS Chapter 45A shall apply to the governing boards. The governing boards shall establish a contingency fund and an emergency repair, maintenance and replacement fund in their plant fund records. Transfer and use of these funds shall be governed by the provisions of KRS 45.770 and 45.780 , as appropriate, except that the governing boards of each university shall perform the functions assigned to the Finance and Administration Cabinet in KRS 45.770 and 45.780 .
  2. Capital construction and equipment purchase projects established by the governing boards shall be limited to the scope authorized by the General Assembly, and the total costs of each project shall not exceed the appropriation; except for emergency projects that may arise. In such instances, the governing boards may transfer funds from other projects or from operating funds; however each emergency project that is authorized by the board and sources of funds shall be promptly reported to the Capital Projects and Bond Oversight Committee.

History. Enact. Acts 1982, ch. 391, § 12, effective July 15, 1982; 2003, ch. 98, § 20, effective June 24, 2003.

164A.605. Procedures and limitations on issuance of consolidated educational building revenue bonds, housing bonds, or bond anticipation notes.

Subject to the provisions of KRS 45.750 to 45.800 and KRS 56.870 to 56.874 , the governing boards may issue, under the provisions of KRS 162.340 to 162.380 , consolidated educational building revenue bonds, housing bonds, or bond anticipation notes. The board of the institution shall submit to the State Property and Buildings Commission a request for approval of the project before any financial commitment of any sort may be made in connection therewith, including employment of architects, engineers, fiscal agents, or attorneys. Personal service contracts for fiscal agents and bond counsel shall be subject to KRS 45A.690 to 45A.725 and architects and engineers shall be selected as provided in KRS 164A.590 . After approval by the commission, the governing board shall appoint fiscal agents, bond counsel, and architects and engineers as may be required to make plans and specifications or financial arrangements for the project. The date of sale on such issues shall be coordinated with the Finance and Administration Cabinet to avoid a conflict with other state bond issues.

History. Enact. Acts 1982, ch. 391, § 13, effective July 15, 1982; 1990, ch. 496, § 51, effective July 13, 1990.

Opinions of Attorney General.

This section and KRS 164A.630 do not exempt university bond projects from approval by the State Property and Buildings Commission. OAG 82-546 .

The office for investment and debt management continues to have the responsibility and authority to review and approve proposed debt issues of state universities if the capital construction provisions of Acts 1982, ch. 391 have been elected to be followed by the university. OAG 82-546 .

The provisions of Acts 1982, ch. 391 are elective by the governing boards of the state universities; if a state university elects those provisions of Acts 1982, ch. 391 relative to the management of capital construction projects, approval of the project by the State Property and Buildings Commission is still required. OAG 82-546 .

164A.608. Interception of appropriated funds when institution is unable to make bond payments — Action by governing board to generate additional revenues.

If the governing board is unable to pay the required principal and interest payments due on agency bonds issued by the postsecondary institution from system revenues or from other available agency revenues and the governing board fails to transmit to the paying agent bank or trustee the debt service and administrative payments when due as required by the bond issuance resolution, the paying agent bank or trustee shall notify the secretary of the Finance and Administration Cabinet in writing and request that the cabinet withhold or intercept from the governing board a sufficient portion of any appropriated state funds not yet disbursed to the institution to satisfy the required payment on the bonds. If the secretary determines that the institution is in risk of defaulting on the payment of the bonds or has defaulted, the secretary shall notify the governing board and within five (5) days remit payment to the paying agent bank or trustee such funds as are required from the appropriation to the institution. Thereafter, the governing board shall, to the extent it is otherwise legally permitted, take action within sixty (60) days to adopt a resolution to generate additional revenues, such as increasing the minimum rents, tolls, fees, and other charges, in order to positively adjust remittances to the funds accounts. Nothing in this section shall be construed to create any obligation on the part of the Commonwealth to make any payment on behalf of the defaulting institution other than from funds previously appropriated to the governing board of that institution.

History. Enact. Acts 2004, ch. 111, § 10, effective July 13, 2004.

164A.610. Organization and operation of affiliated corporations.

  1. An institution may organize and operate one (1) or more affiliated corporations to assist it in carrying out its programs, missions or other functions. A qualified firm of certified public accountants experienced in the auditing of colleges and universities and their affiliated corporations shall be engaged to conduct an annual examination of the corporation’s financial statements in accord with generally accepted auditing standards for the purpose of rendering an independent opinion thereon and preparing a report of findings and recommendations concerning appropriate accounting controls and compliance with applicable statutes. The affiliated corporation shall adhere to the principles of accounting and purchasing used by the institution with which it is affiliated.
  2. The affiliated corporation shall provide the institution with an accounting at least quarterly, of all income and expenditures of said corporation in connection with contracts or grants with entities external to the institution and the corporation, for the conduct of research or other projects carried out, in whole or in part, through the use of institutional facilities or personnel.
  3. The affiliated corporation shall pay to, or for the benefit of, the institution any and all funds received by it from any person, corporation, association or governmental agency external to the institution and the affiliated corporation as reimbursement for indirect expenses incurred by the institution in carrying out research or furnishing other goods or services, deducting from such payments only the expenses attributable to the procurement and performance of research grants and contracts and other contracts for the provision of such goods and services and such sums as may be essential to meet contractual obligations incurred at the request of the institution’s governing board.

History. Enact. Acts 1982, ch. 391, § 14, effective July 15, 1982.

Opinions of Attorney General.

State universities have a choice as to whether or not to organize an affiliated corporation pursuant to KRS Chapter 273 to be subject to the provisions of KRS 164A.550 to 164A.630 . OAG 82-521 .

164A.615. Acceptance of gifts — Awarding of scholarships, grants, etc.

Nothing contained in KRS 164A.555 to 164A.630 shall be construed to prevent an institution or an affiliated corporation from enforcing or carrying out the bona fide terms of any gift, grant, conveyance, devise or bequest from any private person, corporation, foundation, estate or other entity contributing funds or any other thing of value to the institution or affiliated corporation, nor shall same be construed to prevent an affiliated corporation from awarding athletic scholarships or other scholarship, fellowship, assistantship or similar grants, loans or awards to students, faculty or other employees of an institution, or from performing such other functions as may be assigned by the institution’s governing board.

History. Enact. Acts 1982, ch. 391, § 15, effective July 15, 1982.

Opinions of Attorney General.

Private funds and contributions received by a state university would not be subject to the State Model Procurement Code, as set out in Chapter 45A, if such procurement strictures were inconsistent with the terms attendant to receipt of the private funds or contributions. OAG 82-520 .

164A.620. Fund for excellence.

The governing board is authorized to establish a “fund for excellence” trust fund into which gifts, grants, and special appropriations by the General Assembly intended for such purpose may be deposited. The governing board may also deposit into this fund proceeds from the sale of surplus property. Investment income from moneys in this fund shall be used only to enhance academic programs of the institutions.

History. Enact. Acts 1982, ch. 391, § 17, effective July 15, 1982.

164A.625. Severability clause.

If any provisions of KRS 164A.555 to 164A.630 or the application thereof to any persons or circumstance is held invalid, the invalidity shall not affect other provisions or applications of KRS 164A.555 to 164A.630 which can be given effect without the invalid provision or application, and to this end the provisions of KRS 164A.555 to 164A.630 are severable.

History. Enact. Acts 1982, ch. 391, § 18, effective July 15, 1982.

164A.630. Statutes binding the board.

  1. In carrying out the provisions of KRS 164A.555 to 164A.630 the governing boards shall be bound by the following statutes:
    1. KRS 56.610 to 56.820 regarding relocation assistance and lease of property for state use, and 56.870 to 56.874 regarding legislative approval of state fiscal obligations.
    2. The Kentucky Model Procurement Code as set forth in KRS Chapter 45A.
    3. KRS Chapter 56 as it relates to the approval of revenue bond issues by the State Property and Buildings Commission, and the issuance of revenue bonds and bond anticipation notes.
    4. KRS 45.550 to 45.640 regarding equal employment opportunity.
  2. Any other provisions of KRS Chapters 41, 42, 45, 56, 57 to the contrary notwithstanding, KRS 164A.555 to 164A.630 shall govern the financial management of higher education with the exception of KRS 45.990 and 45A.990 having to do with penalties which shall be applicable to violations of KRS 164A.555 to 164A.630 .
  3. Any officer, agent or employee of any institution who willfully fails or refuses to comply with any other provisions of KRS 164A.555 to 164A.630 is subject to indictment in the appropriate Circuit Court and upon conviction shall be fined not less than fifty dollars ($50) nor more than one thousand dollars ($1000) for each offense.

History. Enact. Acts 1982, ch. 391, § 19, effective July 15, 1982.

Opinions of Attorney General.

KRS 164A.605 and this section do not exempt university bond projects from approval by the State Property and Buildings Commission. OAG 82-546 .

The provisions of Acts 1982, ch. 391 are elective by the governing boards of the state universities; if a state university elects those provisions of Acts 1982, ch. 391 relative to the management of capital construction projects, approval of the project by the State Property and Buildings Commission is still required. OAG 82-546 .

The office for investment and debt management continues to have the responsibility and authority to review and approve proposed debt issues of state universities if the capital construction provisions of Acts 1982, ch. 391 have been elected to be followed by the university. OAG 82-546 .

Subsection (2) of this section should be read to say that the provisions of Acts 1982, ch. 391 are to govern to the extent they might be contrary to some part of the chapters of the statutes listed therein. OAG 82-546 .

Commonwealth Postsecondary Education Prepaid Tuition Trust Fund

164A.700. Definitions for KRS 164A.700 to 164A.709.

As used in KRS 164A.700 to 164A.709 , unless the context requires otherwise:

  1. “Academic year” means the time period specified by each eligible educational institution;
  2. “Board” means the board of directors of the Kentucky Higher Education Assistance Authority acting in the capacity of the board of directors of the Commonwealth postsecondary education prepaid tuition trust fund;
  3. “Eligible educational institution” means an institution defined in the Internal Revenue Code of 1986, as amended, 26 U.S.C. sec. 529(e)(5) ;
  4. “Fund” means the prepaid tuition payment fund created in KRS 164A.701 and known as the “Commonwealth Postsecondary Education Prepaid Tuition Trust Fund” or “Kentucky’s Affordable Prepaid Tuition” (KAPT);
  5. “Prepaid tuition” means the amount of tuition estimated by the board for the tuition plan under the prepaid tuition contract;
  6. “Prepaid tuition academic year conversion” means the difference between the amount of prepaid tuition required in the original prepaid tuition contract and the amount of prepaid tuition required in an amended prepaid tuition contract as the result of the change in the academic year;
  7. “Prepaid tuition academic year conversion shortfall” means the amount by which the prepaid tuition required in an amended prepaid tuition contract as the result of the change in the academic year exceeds the amount of prepaid tuition required in the original prepaid tuition contract;
  8. “Prepaid tuition account” means the account for a qualified beneficiary as specified in the prepaid tuition contract;
  9. “Prepaid tuition contract” means the contract entered into by the board and the purchaser for the purchase of prepaid tuition for a qualified beneficiary to attend any eligible educational institution as provided in KRS 164A.700 to 164A.709 ;
  10. “Prepaid tuition conversion” means the difference between the value of a prepaid tuition account and the tuition at an eligible educational institution;
  11. “Prepaid tuition conversion shortfall” means the amount by which the actual tuition cost at an eligible educational institution exceeds the amount of the value of a prepaid tuition account;
  12. “Purchaser” means a person, corporation, association, partnership, or other legal entity who enters into a prepaid tuition contract;
  13. “Qualified beneficiary” means a designated beneficiary, as defined in 26 U.S.C. sec. 529(e)(1) , who is:
    1. A Kentucky resident designated as beneficiary at the time a purchaser enters into a prepaid tuition contract; or
    2. A nonresident designated at the time a purchaser enters into a prepaid tuition contract who intends to attend an eligible institution in Kentucky; or
    3. A new beneficiary, in the case of a change of beneficiaries under provisions of KRS 164A.707 ; or
    4. An individual receiving a scholarship in the case of a prepaid tuition contract purchased by a state or local government or agency or instrumentality thereof or an organization described in 26 U.S.C. sec. 501(c)(3) , and exempt from federal income taxation pursuant to 26 U.S.C. sec. 501(a) as part of a scholarship program offered by the government entity or the organization;
  14. “Qualified postsecondary education expenses” means qualified higher education expenses as defined in 26 U.S.C. sec. 529(e)(3) ;
  15. “Tuition” means the prevailing tuition and all mandatory fees charged as a condition of full-time enrollment in an undergraduate program for an academic year for a qualified beneficiary to attend an eligible educational institution;
  16. “Tuition Account Program Office” or “office” means the office in the Kentucky Higher Education Assistance Authority that is responsible for administering the prepaid tuition program and its accounts;
  17. “Tuition plan” means a tuition plan approved by the board and provided under a prepaid tuition contract;
  18. “Utilization period” means:
    1. For a prepaid tuition account depleted or terminated prior to June 27, 2019, the period of time in which a prepaid tuition contract is to be used beginning with the projected college entrance year and continuing for the number of prepaid tuition years purchased; or
    2. For a prepaid tuition account not depleted or terminated as of June 27, 2019, the period of time in which a prepaid tuition contract is to be used beginning with the projected college entrance year and continuing for eight (8) years; and
  19. “Value of a prepaid tuition account” means the amount which the fund is obligated to pay for a prepaid tuition contract, when a purchaser has paid it in full, that is calculated by multiplying the plan tuition amount for the academic period by the number of prepaid tuition years purchased, less any portion previously paid; except, under a tuition plan for private colleges and universities, tuition shall be calculated based on the same percentage that University of Kentucky tuition is increased from the year the prepaid tuition contract is purchased to the year of payment.

History. Enact. Acts 2000, ch. 163, § 1, effective July 14, 2000; 2002, ch. 25, § 1, effective July 15, 2002; 2005, ch. 162, § 3, effective July 1, 2005; Acts 2006, ch. 252, Pt. XXXI, § 1, effective April 25, 2006; 2014, ch. 34, § 1, effective July 15, 2014; 2019 ch. 9, § 1, effective June 27, 2019.

Opinions of Attorney General.

The Kentucky Postsecondary Education Prepaid Trust Fund is a public instrumentality of the Commonwealth of Kentucky for purposes of the Securities Act of 1933, Securities Exchange Act of 1934, and Trust Indenture Act of 1939. OAG 01-3 .

164A.701. Commonwealth postsecondary education prepaid tuition trust fund — Prepaid postsecondary tuition administrative account.

    1. There is hereby created an instrumentality of the Commonwealth to be known as the “Commonwealth postsecondary education prepaid tuition trust fund”, to be governed by the board and administered by the Tuition Account Program Office. The fund shall be attached to the Kentucky Higher Education Assistance Authority for administrative and reporting purposes, and shall be governed, managed, and administered as a separate and distinct instrumentality of the Commonwealth under the provisions of KRS 164A.700 to 164A.709 . (1) (a) There is hereby created an instrumentality of the Commonwealth to be known as the “Commonwealth postsecondary education prepaid tuition trust fund”, to be governed by the board and administered by the Tuition Account Program Office. The fund shall be attached to the Kentucky Higher Education Assistance Authority for administrative and reporting purposes, and shall be governed, managed, and administered as a separate and distinct instrumentality of the Commonwealth under the provisions of KRS 164A.700 to 164A.709 .
    2. The fund shall consist of payments received from prepaid tuition contracts under KRS 164A.700 to 164A.709. Payments received relating to contracts in existence on April 25, 2006, and income earned from the investment of those payments shall be maintained separately from payments received relating to contracts entered into after April 25, 2006, and income earned from the investment of those payments. Income earned from the investment of payments to the fund shall remain in the fund and be credited to it.
    3. Notwithstanding any other statute to the contrary, all moneys received under the authority of KRS 164A.700 to 164A.709 shall be deemed to be trust funds to be held and applied solely for payment to qualified beneficiaries and purchasers and to meet the expenses necessary for the administration and maintenance of the fund as provided in KRS 164A.700 to 164A.709.
    4. The fund shall not constitute an investment company as defined in KRS 291.010 .
    5. Obligations under a prepaid tuition contract incurred in accordance with the provisions of KRS 164A.700 to 164A.709 shall not be deemed to constitute a debt, liability, or obligation of the Kentucky Higher Education Assistance Authority, but shall be payable solely from the fund. Each prepaid tuition contract shall contain a statement that the obligation shall be payable solely from the fund.
  1. The purposes of the fund are:
    1. To provide affordable access to participating institutions for the qualified beneficiaries; and
    2. To provide students and their parents economic protection against rising tuition costs.
  2. The Tuition Account Program Office and the facilities of the Kentucky Higher Education Assistance Authority shall be used and employed in the administration of the fund including, but not limited to, the keeping of records, the employment of staff to assist in the administration of the fund, the management of accounts and other investments, the transfer of funds, and the safekeeping of securities evidencing investments.
    1. Assets of the fund shall be invested in any of the following security types that are deemed appropriate by the board: (4) (a) Assets of the fund shall be invested in any of the following security types that are deemed appropriate by the board:
      1. Government and agency bonds;
      2. Investment grade asset-backed securities and corporate bonds;
      3. Mortgages, excluding interest-only (IO), principal-only (PO), and inverse floaters; and
      4. Equities.
    2. Equities shall constitute no greater than sixty percent (60%) of the entire portfolio, including up to ten percent (10%) in equities from outside the United States.
    3. The duration of the fixed-income portion of the portfolio shall reflect the future liability of the fund for tuition payments.
    4. Assets may be pooled for investment purposes with any other investment of the Commonwealth that is eligible for asset pooling.
    5. Leveraging is strictly prohibited.
  3. The board may receive and deposit into the fund gifts made by any individual or agency as deemed acceptable by the board together with funds that are obtained from sources legally available and determined by the board to be applicable for the purposes of KRS 164A.700 to 164A.709 .
  4. There is created a separate account within the Kentucky Higher Education Assistance Authority to be known as the prepaid postsecondary tuition administrative account for the purposes of implementing and maintaining the fund.
    1. Moneys shall be transferred from the fund to the administrative account to meet the expenses necessary for the administration and maintenance of the fund. Expenses incurred by the board and the Tuition Account Program Office in carrying out the provisions of KRS 164A.700 to 164A.709 shall be made payable from the fund through the administrative account, and no administrative expenses shall be incurred by the Kentucky Higher Education Assistance Authority beyond those for which moneys are provided by the fund.
    2. The board may establish administrative fees for handling prepaid tuition contracts and deposit the funds attributable to the fees in the administrative account.

HISTORY: Enact. Acts 2000, ch. 163, § 2, effective July 14, 2000; 2002, ch. 25, § 2, effective July 15, 2002; 2005, ch. 162, § 4, effective July 1, 2005; 2006, ch. 252, Pt. XXXI, § 3, effective April 25, 2006; 2018 ch. 163, § 88, effective July 14, 2018.

164A.703. Board of directors. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 163, § 3, effective July 14, 2000; 2002, ch. 25, § 3, effective July 15, 2002) was repealed by 2005, ch. 162, § 10, effective July 1, 2005.

Legislative Research Commission Note.

(7/1/2005). Under KRS 446.260 , the repeal of this section in 2005 Ky. Acts ch. 162 prevails over its amendment in 2005 Ky. Acts ch. 85.

164A.704. Duties of board.

The board shall:

  1. Promulgate administrative regulations, set fees, and adopt procedures as are necessary to implement the provisions of KRS 164A.700 to 164A.709 ;
  2. Enter into contractual agreements, including contracts for legal, actuarial, financial, and consulting services;
  3. Invest moneys in the fund in any instruments, obligations, securities, or property as permitted by KRS 164A.701(4) and deemed appropriate by the board;
  4. Procure insurance to protect against any loss in connection with the fund’s property, assets, or activities and to indemnify board members from personal loss or accountability from liability arising from any action or inaction as a board member;
  5. Make arrangements with eligible educational institutions in the Commonwealth to fulfill obligations under prepaid tuition contracts, including, but not limited to, payment from the fund of the tuition cost on behalf of a qualified beneficiary to attend an eligible educational institution in which the beneficiary is admitted and enrolled;
  6. Develop requirements, procedures, and guidelines regarding prepaid tuition contracts, including but not limited to, the termination, withdrawal, or transfer of payments under a prepaid tuition contract; tuition shortfalls; number of participants; time limitations for prepaid tuition contracts and the use of tuition benefits; tuition conversions; payment schedules; payroll deductions; penalties for failure of purchasers to adhere to contracts; and transfer of prepaid tuition credits towards private education in the Commonwealth or for out-of-state institutions;
  7. Have the actuarial soundness of the fund evaluated by a nationally recognized independent actuary annually, by October 1 of each year, to determine:
    1. The amount of prepaid tuition for each tuition plan; and for each eligible educational institution for specific academic years, the corresponding value;
    2. Whether additional assets are necessary to defray the obligations of the portion of the fund relating to contracts entered into before April 25, 2006, and when those funds will be needed.
      1. For purposes of this paragraph, a “real liability expected to accrue during the next biennium” exists if the amount in the fund representing contracts entered into before April 25, 2006, is not sufficient to meet all anticipated distributions under contracts entered into before April 25, 2006, and the expense of maintaining and operating the fund for the upcoming biennium.
      2. If the report of the actuary submitted in an odd-numbered year reflects that there will be a real liability expected to accrue during the next biennium, the secretary of the Finance and Administration Cabinet shall include in the budget request for the cabinet an appropriation to the board in an amount necessary to meet the real liability in each fiscal year of the biennium, and the General Assembly shall appropriate the necessary funds; and
    3. Whether additional assets are necessary to defray the obligations of the portion of the fund relating to contracts entered into after April 25, 2006, and when those funds will be needed. If the assets of the portion of the fund relating to contracts entered into after April 25, 2006, are insufficient to ensure the actuarial soundness of that portion of the fund, as reported by the actuary, the board shall adjust the price of subsequent purchases of prepaid tuition contracts to the extent necessary to restore the actuarial soundness of the fund. The board may suspend the sale of prepaid tuition contracts until the next annual actuarial evaluation is completed if the board determines the action is needed to restore the actuarial soundness of the fund. During a suspension of sales of contracts, the board and Tuition Account Program Office shall continue to service existing contract accounts and meet all obligations under existing prepaid tuition contracts; and
  8. Make an annual report each year by November 1 to the Legislative Research Commission and the Governor showing the fund’s condition, and whether additional assets will be necessary to defray the obligations of the fund.

History. Enact. Acts 2000, ch. 163, § 4, effective July 14, 2000; 2002, ch. 25, § 4, effective July 15, 2002; 2005, ch. 162, § 5, effective July 1, 2005; 2006, ch. 252, Pt. XXXI, § 4, effective April 25, 2006.

164A.705. Obligations of fund and of purchaser or qualified beneficiary — Limitation of liability — Use of tuition account.

  1. The prepaid tuition contract entered into by the purchaser and the board shall constitute an irrevocable pledge and guarantee by the fund to pay for the tuition of a qualified beneficiary upon acceptance and enrollment at an eligible educational institution in accordance with the tuition plan purchased.
  2. A board member or any employee of the Tuition Account Program Office or the Kentucky Higher Education Assistance Authority shall not be subject to any personal liability by reason of his or her issuance or execution of a prepaid tuition contract under KRS 164A.700 to 164A.709 .
  3. Under a tuition plan for private colleges and universities, tuition shall be paid based on the same percentage that University of Kentucky tuition is increased from the year the prepaid tuition contract is purchased to the year of payment.
  4. The purchaser or qualified beneficiary shall pay to the eligible educational institution the amount of any prepaid tuition academic year conversion shortfall and the amount of any prepaid tuition conversion shortfall.
  5. A qualified beneficiary attending an eligible educational institution may apply the value of a prepaid tuition account to a specific academic year at the maximum course load or maximum number of credit hours generally permitted to full-time undergraduates at that institution.
  6. The value of a prepaid tuition account remaining after tuition is paid may be used for other qualified educational expenses under administrative regulations promulgated by the board in compliance with 26 U.S.C. sec. 529 . The board may permit the use of the value of a prepaid tuition account for part-time undergraduate enrollment or graduate programs at eligible educational institutions.
  7. During an account’s utilization period, the value of the prepaid tuition account shall increase consistent with tuition rates for the applicable tuition plan and academic year. If all tuition benefits have not been used at the conclusion of this period, no additional value shall be added to the prepaid tuition account, except that, for an account with a utilization period defined in KRS 164A.700 , the account value shall increase at a rate of three percent (3%) per annum or the applicable tuition plan value increase, whichever is less, for a period not to exceed two (2) additional years.
  8. If a qualified beneficiary attends an eligible educational institution for which payment of tuition is not guaranteed by the fund in whole or in part, and if the cost of tuition exceeds the value of a prepaid tuition account, the fund shall have no responsibility to pay the difference. If the value of a prepaid tuition account exceeds the cost of tuition, the excess may be used for other qualified postsecondary education expenses as directed by the purchaser.
  9. The value of a prepaid tuition account shall not be used in calculating personal asset contribution for determining eligibility and need for student loan programs, student grant programs, or other student aid programs administered by any agency of the Commonwealth, except as otherwise may be provided by federal law.

History. Enact. Acts 2000, ch. 163, § 5, effective July 14, 2000; 2002, ch. 25, § 5, effective July 15, 2002; 2005, ch. 162, § 6, effective July 1, 2005; 2006, ch. 252, Pt. XXXI, § 5, effective April 25, 2006; 2014, ch. 34, § 2, effective July 15, 2014; 2019 ch. 9, § 2, effective June 27, 2019.

NOTES TO DECISIONS

1. Amendment.

Changing the Kentucky Affordable Prepaid Tuition Fund (KAPT) plan in a way that impairs the benefits of participants seeking to educate their children violates the covenant of good faith and fair dealing, and the legislature does not intend the statutes to be interpreted in a way that undermines the Commonwealth’s “irrevocable pledge”; subsection (1) is the legislature’s imprimatur of respect for KAPT’s obligations. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Retroactive imposition of the Kentucky Affordable Prepaid Tuition Fund (KAPT) amendments upon a parent unlawfully impaired her contract because the 2014 amendments did not address a broad and general social or economic problem; the fact that the KAPT program’s costs of performing its contractual obligations exceeded its own expectations did not justify altering the obligations so they more closely conformed to its faulty expectations. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Retroactive imposition of the Kentucky Affordable Prepaid Tuition Fund (KAPT) amendments upon a parent unlawfully impaired her contract because the 2014 amendments were neither reasonable nor necessary; the State cannot escape an unfavorable contract with retroactive legislation that substantially impairs the State’s contractual obligations because this result is prohibited by the respective Contract Clauses of the United States and Kentucky Constitutions. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Kentucky Affordable Prepaid Tuition Fund (KAPT) contract a parent executed did not provide for retroactive amendments because the changes did not fit within the limited category set forth in the contract; the language of the contract reflected the agreement of the parent to accept future amendments of the governing statutes only to the extent they were necessary to assure compliance with applicable state or federal law or regulations or to preserve favorable tax treatment of the KAPT program. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Retroactive imposition of the Kentucky Affordable Prepaid Tuition Fund (KAPT) amendments upon a parent unlawfully impaired her contract because the amendments fundamentally altered her contractual right to use, for her children, her KAPT funds for graduate school and directly curtailed the financial value of the benefit by capping future growth so that the promised tuition might not be paid; those changes were imposed retroactively, significantly devaluing the benefit promised to the parent. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

164A.707. Prepaid tuition contracts — Amendments — Accounts not subject to creditors or taxes — No guarantee of attendance at institution — Payment of contracts — Beneficiaries — Investments and earnings — Contracts not securities or annuities — Contracts subject to amendment by subsequent change to statute, regulation, or policy.

  1. Purchasers buying prepaid tuition for a qualified beneficiary shall enter into prepaid tuition contracts with the board. These contracts shall be in a form as shall be determined by the office. The contract shall provide for the purchase of a tuition plan for prepaid tuition for the qualified beneficiary from one (1) to five (5) specific academic years.
  2. Upon written notification to the office a purchaser may amend the prepaid tuition contract to change:
    1. The qualified beneficiary, in accordance with 26 U.S.C. sec. 529 ;
    2. The projected college entrance year for which prepaid tuition is purchased. Beginning July 15, 2014, if the amendment extends the projected college entrance year, the utilization period shall begin with the initial projected college entrance year;
    3. A tuition plan designation to another tuition plan designation;
    4. The number of years for which prepaid tuition is purchased; or
    5. Other provisions of the prepaid tuition contract as permitted by the board.
  3. A prepaid tuition account shall not be subject to attachment, levy, or execution by any creditor of a purchaser or qualified beneficiary. Prepaid tuition accounts shall be exempt from all state and local taxes including, but not limited to, intangible personal property tax levied under KRS 132.020 , individual income tax levied under KRS 141.020 , and the inheritance tax levied under KRS Chapter 140. Payments from a prepaid tuition account used to pay qualified postsecondary education expenses, or disbursed due to the death or disability of the beneficiary, or receipt of a scholarship by the beneficiary shall be exempt from tax liabilities.
  4. Nothing in KRS 164A.700 to 164A.709 or in a prepaid tuition contract shall be construed as a promise or guarantee that a qualified beneficiary shall be admitted to an eligible educational institution, be allowed to continue to attend an eligible educational institution after having been admitted, or be graduated from an eligible educational institution.
  5. Prepaid tuition contract payments shall not be made in real or personal property other than cash and shall not exceed the prepaid tuition. Prepaid tuition contract payments may be made in a lump sum or installments.
  6. The purchaser shall designate the qualified beneficiary at the time the purchaser enters into a prepaid tuition contract, except for a prepaid tuition contract purchased in accordance with KRS 164A.700(13)(d). In the case of gifts made to the fund, the board shall designate a qualified beneficiary at the time of the gift.
  7. The prepaid tuition contract shall provide that the purchaser and the qualified beneficiary shall not directly or indirectly or otherwise control the investment of the prepaid tuition account or earnings on the account. Payments made for prepaid tuition shall be accounted for separately for each qualified beneficiary. No interest or earnings on a prepaid tuition contract of the purchaser or qualified beneficiary shall be pledged or otherwise encumbered as security of a debt.
  8. A prepaid tuition contract does not constitute a security as defined in KRS 292.310 or an annuity as defined in KRS 304.5-030 .
  9. Each prepaid tuition contract is subject to, and shall incorporate by reference, all operating procedures and policies adopted by the board, the statutes governing prepaid tuition contracts in KRS 164A.700 to 164A.709 , and administrative regulations promulgated thereunder. Any amendments to statutes, administrative regulations, and operating procedures and policies shall automatically amend prepaid tuition contracts, with retroactive or prospective effect, as applicable.

HISTORY: Enact. Acts 2000, ch. 163, § 6, effective July 14, 2000; 2002, ch. 25, § 6, effective July 15, 2002; 2005, ch. 162, § 7, effective July 1, 2005; 2005, ch. 173, Pt. XXI, § 1, effective March 20, 2005, 2006, ch. 252, Pt. XXXI, § 7, effective April 25, 2006; 2014, ch. 34, § 3, effective July 15, 2014; 2018 ch. 163, § 89, effective July 14, 2018.

NOTES TO DECISIONS

1. Amendment.

Retroactive imposition of the Kentucky Affordable Prepaid Tuition Fund (KAPT) amendments upon a parent unlawfully impaired her contract because the 2014 amendments did not address a broad and general social or economic problem; the fact that the KAPT program’s costs of performing its contractual obligations exceeded its own expectations did not justify altering the obligations so they more closely conformed to its faulty expectations. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Retroactive imposition of the Kentucky Affordable Prepaid Tuition Fund (KAPT) amendments upon a parent unlawfully impaired her contract because the 2014 amendments were neither reasonable nor necessary; the State cannot escape an unfavorable contract with retroactive legislation that substantially impairs the State’s contractual obligations because this result is prohibited by the respective Contract Clauses of the United States and Kentucky Constitutions. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Changing the Kentucky Affordable Prepaid Tuition Fund plan in a way that impairs the benefits of participants seeking to educate their children violates the covenant of good faith and fair dealing; the legislature does not intend the statutes to be interpreted in a way that undermines the Commonwealth’s “irrevocable pledge.” Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Kentucky Affordable Prepaid Tuition Fund (KAPT) contract a parent executed did not provide for retroactive amendments because the changes did not fit within the limited category set forth in the contract; the language of the contract reflected the agreement of the parent to accept future amendments of the governing statutes only to the extent they were necessary to assure compliance with applicable state or federal law or regulations or to preserve favorable tax treatment of the KAPT program. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Retroactive imposition of the Kentucky Affordable Prepaid Tuition Fund (KAPT) amendments upon a parent unlawfully impaired her contract because the amendments fundamentally altered her contractual right to use, for her children, her KAPT funds for graduate school and directly curtailed the financial value of the benefit by capping future growth so that the promised tuition might not be paid; those changes were imposed retroactively, significantly devaluing the benefit promised to the parent. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

164A.708. Prepaid tuition contracts entered into before and after April 25, 2006 — Obligations of the Commonwealth.

    1. All prepaid tuition contracts in existence on April 25, 2006, shall be supported by the full faith and credit of the Commonwealth. (1) (a) All prepaid tuition contracts in existence on April 25, 2006, shall be supported by the full faith and credit of the Commonwealth.
    2. If the report of the actuary submitted under KRS 164A.704(7) reflects that there will be a real liability expected to accrue for contracts in existence on April 25, 2006, during the next biennium, the secretary of the Finance and Administration Cabinet shall include in the budget request for the cabinet an appropriation to the board in an amount necessary to meet the real liability in each fiscal year of the biennium, and the General Assembly shall appropriate the necessary funds to meet the liability.
    1. New contracts entered into after April 25, 2006, for a tuition plan approved by the board shall contain actuarially sound premiums sufficient to prevent their contribution to a program fund deficit. (2) (a) New contracts entered into after April 25, 2006, for a tuition plan approved by the board shall contain actuarially sound premiums sufficient to prevent their contribution to a program fund deficit.
    2. Payments received from contracts entered into after April 25, 2006, shall be maintained separately from contracts in existence on April 25, 2006.
    3. The Commonwealth shall have no obligation to support contracts entered into after April 25, 2006, with appropriations if a shortfall occurs.

History. Enact Acts 2006, ch. 252, Pt. XXXI, § 2, effective April 25, 2006.

164A.709. Termination of prepaid tuition contract or account — Transfer of funds — Operations of Commonwealth postsecondary education prepaid tuition trust fund and the Tuition Account Program Office to end on June 30, 2030.

  1. A purchaser may terminate a prepaid tuition contract at any time upon written request to the office.
  2. Upon termination of a prepaid tuition contract at the request of a purchaser, the office shall pay from the fund to the purchaser:
    1. The value of the prepaid tuition account or, if the contract has not been paid in full, a pro rata amount calculated according to the portion of the plan that had been paid, if the contract is terminated for the death of the qualified beneficiary or the disability of the qualified beneficiary that, in the opinion of the office, would make attendance by the beneficiary at an eligible educational institution impossible or unreasonably burdensome;
    2. The amounts paid on the purchaser’s prepaid tuition contract if the contract is terminated and a request for refund is made before July 1 of the qualified beneficiary’s projected college entrance year. The board may determine a rate of interest to accrue for payment on the amount otherwise payable under this paragraph;
    3. For a prepaid tuition account terminated after June 30 of the qualified beneficiary’s projected college entrance year and prior to June 27, 2019:
      1. The value of the prepaid tuition account for the 2014-2015 academic year for accounts with a utilization period end date prior to 2012; or
      2. The value of the prepaid tuition account at the end of the account’s utilization period plus three percent (3%) per annum for a maximum of two (2) years thereafter, or the applicable tuition plan value increase, whichever is less, for accounts with a utilization period end date of 2012 or later; or
    4. For a prepaid tuition account terminated after June 30 of the qualified beneficiary’s projected college entrance year and on or after June 27, 2019, the value of the prepaid tuition account at the time of termination.
  3. All refunds paid shall be less any benefits previously paid from the plan and any administrative fees as determined by the board. The office may impose a fee upon termination of the account for administrative costs and deduct the fee from the amount otherwise payable under this section.
  4. If a qualified beneficiary is awarded a scholarship that covers tuition costs included in a prepaid tuition contract, the purchaser may request a refund consisting of the amount of the value of the prepaid tuition account, not to exceed the amount of the scholarship.
  5. If the purchaser wishes to transfer funds from the prepaid tuition account to the Kentucky Educational Savings Plan Trust, the purchaser may do so under administrative regulations promulgated by the board and the board of directors of the Kentucky Educational Savings Plan Trust under KRS 164A.325 . The transfer amount shall be calculated in the same way a refund is determined in accordance with this section.
  6. If the purchaser wishes to transfer funds from the prepaid tuition account to another qualified tuition program as defined in 26 U.S.C. sec. 529(b)(1) , the purchaser may do so under administrative regulations promulgated by the board. The transfer amount shall be calculated in the same way a refund is determined in accordance with this section.
  7. The board may terminate a prepaid tuition contract at any time due to the fraud or misrepresentation of a purchaser or qualified beneficiary with respect to the prepaid tuition contract.
  8. All operations of the Commonwealth postsecondary education prepaid tuition trust fund and the Tuition Account Program Office shall end on June 30, 2030. On or before that date, any remaining prepaid tuition account funds that have not been utilized, transferred to another qualified tuition program, or refunded upon the request of the purchaser shall be refunded to the purchaser in accordance with subsection (2) of this section.

History. Enact. Acts 2000, ch. 163, § 7, effective July 14, 2000; 2002, ch. 25, § 7, effective July 15, 2002; 2005, ch. 162, § 8, effective July 1, 2005; 2006, ch. 252, Pt. XXXI, § 7, effective April 25, 2006; 2014, ch. 34, § 4, effective July 15, 2014; 2019 ch. 9, § 3, effective June 27, 2019.

NOTES TO DECISIONS

2. Amendment.

14. Particular statutes.

2. Amendment.

Retroactive imposition of the Kentucky Affordable Prepaid Tuition Fund (KAPT) amendments upon a parent unlawfully impaired her contract because the amendments fundamentally altered her contractual right to use, for her children, her KAPT funds for graduate school and directly curtailed the financial value of the benefit by capping future growth so that the promised tuition might not be paid; those changes were imposed retroactively, significantly devaluing the benefit promised to the parent. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Retroactive imposition of the Kentucky Affordable Prepaid Tuition Fund (KAPT) amendments upon a parent unlawfully impaired her contract because the 2014 amendments did not address a broad and general social or economic problem; the fact that the KAPT program’s costs of performing its contractual obligations exceeded its own expectations did not justify altering the obligations so they more closely conformed to its faulty expectations. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Retroactive imposition of the Kentucky Affordable Prepaid Tuition Fund (KAPT) amendments upon a parent unlawfully impaired her contract because the 2014 amendments were neither reasonable nor necessary; the State cannot escape an unfavorable contract with retroactive legislation that substantially impairs the State’s contractual obligations because this result is prohibited by the respective Contract Clauses of the United States and Kentucky Constitutions. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Kentucky Affordable Prepaid Tuition Fund (KAPT) contract a parent executed did not provide for retroactive amendments because the changes did not fit within the limited category set forth in the contract; the language of the contract reflected the agreement of the parent to accept future amendments of the governing statutes only to the extent they were necessary to assure compliance with applicable state or federal law or regulations or to preserve favorable tax treatment of the KAPT program. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

14. Particular statutes.

Kentucky Affordable Prepaid Tuition Fund (KAPT) contract a parent executed did not provide for retroactive amendments because the changes did not fit within the limited category set forth in the contract; the language of the contract reflected the agreement of the parent to accept future amendments of the governing statutes only to the extent they were necessary to assure compliance with applicable state or federal law or regulations or to preserve favorable tax treatment of the KAPT program. Maze v. Bd. of Dirs. for the Commonwealth Postsecondary Educ. Prepaid Tuition Trust Fund, 559 S.W.3d 354, 2018 Ky. LEXIS 447 ( Ky. 2018 ).

Mining and Minerals Trust Fund

164A.800. Creation of fund.

There is hereby created a mining and minerals trust fund, hereinafter referred to as the “fund.”

History. Enact. Acts 1982, ch. 260, § 1, effective July 15, 1982.

164A.805. Board of trustees — Appointment — Terms — General powers.

  1. There is established a mining and minerals trust fund at the University of Kentucky under the control and direction of a board of trustees. The board of trustees shall consist of three (3) members of the university board of trustees appointed by the chairman of that board; two (2) members appointed by the Speaker of the House of Representatives of the Kentucky General Assembly; and two (2) members appointed by the President of the Senate of the Kentucky General Assembly. For the first term, one (1) appointment each shall be for one (1) year. All other appointments and all subsequent appointments shall be for two (2) years.
  2. The members shall select from themselves one (1) member to serve as chairman. The members shall serve without pay but shall be entitled to reasonable expense reimbursement from the fund.
  3. The board may receive and accept for deposit in the fund bequests, gifts, grants, and any appropriations by the General Assembly and may make decisions regarding disbursal of those funds consistent with the provisions of KRS 164A.800 to 164A.840 .

History. Enact. Acts 1982, ch. 260, § 4, effective July 15, 1982; 1994, ch. 486, § 28, effective July 15, 1994.

Opinions of Attorney General.

The Board of Trustees of the Mining and Minerals Trust Fund may advance, from moneys currently in the Fund, sums necessary to design a building on University campus to house the school of mines and minerals, and it is not necessary to utilize the “advance” or borrowing theory as a way of making the expenditure. OAG 84-378 .

164A.810. Funds — Deposit — Investment — Purpose.

  1. All moneys received by the mining and minerals trust fund shall be deposited in the State Treasury in a separate account entitled “mining and minerals research.” The Treasurer of the Commonwealth shall, by the 10th day of each month, issue a check to the trustee of the mining and minerals trust fund in an amount equal to the balance of funds in the account at the close of business on the last business day of the preceding month. Idle funds in the account shall be invested, consistent with disbursement requirements, by the Treasurer and investment earnings shall accrue to the state general fund.
  2. Moneys deposited in the mining and minerals trust fund in fiscal years 1982-83 and 1983-84 are appropriated for the purposes contained in subsection (1) of KRS 164A.820 .

History. Enact. Acts 1982, ch. 260, §§ 2, 3, effective July 15, 1982.

164A.815. Records — Reports.

Records shall be maintained for all receipts and disbursements from the fund and an annual audit of the transactions shall be conducted as part of the University of Kentucky annual audit at the end of each fiscal year. A quarterly financial report shall be prepared by the trustees and a copy of this report shall be submitted to the executive director of the Legislative Research Commission and to the Governor.

History. Enact. Acts 1982, ch. 260, § 5, effective July 15, 1982.

164A.820. Use of fund — Separate budget required.

  1. The fund shall be used to defray the costs of debt service to retire revenue bonds issued to defray the costs of constructing and equipping any mining and minerals building authorized by the General Assembly for construction on the University of Kentucky campus. Idle funds shall be invested as provided by law for funds of the University of Kentucky. Investment earnings shall be deposited in the fund.
  2. A separate budget for required debt service on a mining and minerals building shall be submitted in accordance with KRS Chapter 45.

History. Enact. Acts 1982, ch. 260, §§ 6, 7, effective July 15, 1982; 1986, ch. 232, § 1, effective July 15, 1986.

Opinions of Attorney General.

The Board of Trustees of the Mining and Minerals Trust Fund may advance, from moneys currently in the Fund, sums necessary to design a building on University campus to house the school of mines and minerals, and it is not necessary to utilize the “advance” or borrowing theory as a way of making the expenditure. OAG 84-378 .

Under KRS 323.033 , an expenditure for architectural design plans is a necessary, proper and legitimate expenditure of public moneys. OAG 84-378 .

164A.830. Revenue bonds — University of Kentucky may issue.

The University of Kentucky may issue revenue bonds to provide for the construction of a building to house the School of Mines and Minerals.

History. Enact. Acts 1982, ch. 260, § 8, effective July 15, 1982.

Opinions of Attorney General.

The Board of Trustees of the Mining and Minerals Trust Fund may advance, from moneys currently in the Fund, sums necessary to design a building on University campus to house the school of mines and minerals, and it is not necessary to utilize the “advance” or borrowing theory as a way of making the expenditure. OAG 84-378 .

Under KRS 323.033 , an expenditure for architectural design plans is a necessary, proper and legitimate expenditure of public moneys. OAG 84-378 .

164A.840. Source of funds.

Each fiscal year all license, permit, and acreage fees, collected by the Energy and Environment Cabinet and which are related to mining or minerals, shall be deposited to the credit of the mining and minerals trust fund in an amount not to exceed the annual debt service required for a mining and minerals building.

History. Enact. Acts 1982, ch. 260, § 9, effective July 15, 1982; 1986, ch. 232, § 2, effective July 15, 1986; 2010, ch. 24, § 226, effective July 15, 2010.

CHAPTER 165 City Universities and Colleges

165.010. Definition of municipal university, college and junior college.

A municipal university, college or junior college as used in this chapter means any university, college or junior college established or supported in whole or in part by funds raised by municipal taxation.

History. 2948a-2, 3219-2, 3219-9.

NOTES TO DECISIONS

1. Municipal University.

The University of Louisville is a municipal university within meaning of this section and for the purposes for which a city of the first class is authorized to issue bonds. Louisville v. Kesselring, 257 S.W.2d 599, 1953 Ky. LEXIS 801 ( Ky. 1953 ).

The University of Louisville is a “municipal university” as that term is used in this section. Craddock v. University of Louisville, 303 S.W.2d 548, 1957 Ky. LEXIS 267 ( Ky. 1957 ).

165.015. Appropriation of city funds for postsecondary educational facilities and programs.

It shall be a public purpose for a city of any class to support postsecondary education through the appropriation of funds for postsecondary educational facilities located or to be located within the city and for postsecondary educational programs offered within the city. Nothing in this section and KRS 165.160 , 165.165 , 165.180 , 165.190 , and 165.195 shall create an obligation or liability for the Council on Postsecondary Education.

History. Enact. Acts 2000, ch. 521, § 24, effective July 14, 2000.

165.020. Municipal university in city of first class — Control and organization of. [Repealed.]

Compiler’s Notes.

This section (2948a-2, 2948a-5) was repealed by Acts 1970, ch. 65, § 7.

165.030. Appropriation for university.

The board of aldermen of a city of the first class having a municipal university may make an annual appropriation from the general fund of the city for the support of such university. Such appropriation shall be such sum as in the judgment of the board of aldermen shall, when supplemented by other income of the university, be reasonably necessary for such purposes.

History. 2948a-1; amend. Acts 1954, ch. 166, § 1.

165.040. Payment of appropriation to university.

The funds appropriated by the board of aldermen of a city of the first class as provided in KRS 165.030 may be paid to the treasurer of the university by the director of finance of the city in regular monthly installments.

History. 2948a-3; amend. Acts 1954, ch. 166, § 2, effective June 17, 1954.

165.050. Appropriation of funds other than taxes.

The board of aldermen of a city of the first class having a municipal university may devote to university purposes funds derived from other sources as well as from taxes levied for general city purposes.

History. 2948a-4; amend. Acts 1954, ch. 166, § 3.

165.060. Appropriation of land for university.

The board of aldermen of a city of the first class may set apart or appropriate as a site for the buildings and grounds of its municipal university any public grounds of the city not specially appropriated or dedicated by ordinance to another use.

History. 2948a-6.

165.070. Condemnation, purchase or gift of land.

The board of trustees of a municipal university in a city of the first class may acquire, by purchase or gift, lands and improvements for the purpose of expanding the plant and extending the usefulness of the university, and when unable to agree with the owner of land and improvements necessary for the purposes of the university may proceed to condemn the land and improvements. The condemnation proceedings shall be conducted in the manner provided in the Eminent Domain Act of Kentucky.

History. 2948a-6a; amend. Acts 1976, ch. 140, § 70.

NOTES TO DECISIONS

  1. Authority.
  2. Teaching Hospital.
1. Authority.

Legislature had exercised a constitutional right to delegate to University of Louisville the right of eminent domain. Craddock v. University of Louisville, 303 S.W.2d 548, 1957 Ky. LEXIS 267 ( Ky. 1957 ).

2. Teaching Hospital.

The University of Louisville may condemn land for the purpose of building a teaching hospital to be leased and run by Methodist Hospital. Craddock v. University of Louisville, 303 S.W.2d 548, 1957 Ky. LEXIS 267 ( Ky. 1957 ).

Research References and Practice Aids

Cross-References.

Eminent Domain Act of Kentucky, KRS 416.540 to 416.680 .

165.080. Bond issue question may be submitted to voters.

The board of aldermen of any city of the first class may adopt an ordinance submitting to the voters of the city at any regular election held in the city the question of whether or not bonds of the city shall be issued for the benefit of the municipal university if the ordinance is filed with the county clerk not later than the second Tuesday in August preceding the regular election. Authorization of the bond issue and submission of the question to the voters may be by one (1) ordinance and at one (1) election covering the entire amount of the bonds or it may be by different ordinances authorizing different elections at different times for parts of the total amount. The ordinance shall provide the date and maturity of the bonds, the rate of interest they shall bear and the total amount to be then issued, and shall contain the necessary details with reference to the execution and delivery of the bonds, their denominations, coupons to be attached, and taxes to be levied to pay interest and to create a sinking fund to retire the bonds at maturity. A failure of the voters at one (1) election to authorize a bond issue shall not prevent submission of the question of issuing bonds at subsequent elections.

History. 2948b-2, 2948b-3; amend. Acts 1950, ch. 113; 1996, ch. 195, § 59, effective July 15, 1996.

NOTES TO DECISIONS

  1. Serial Bonds.
  2. Debt Service.
1. Serial Bonds.

In issuing serial bonds as opposed to term bonds, this section does not require that the complete schedule of serial maturities be set out in the ordinance proposing an election on the question of issuing the bonds. Louisville v. Kesselring, 257 S.W.2d 599, 1953 Ky. LEXIS 801 ( Ky. 1953 ).

2. Debt Service.

The validity of the bonds will not be affected if the amount required for the annual debt service does not exceed by five percent the amount originally anticipated by the proposing ordinance. Louisville v. Kesselring, 257 S.W.2d 599, 1953 Ky. LEXIS 801 ( Ky. 1953 ).

165.090. Sale of bonds — Disposition of proceeds.

Bonds issued under authority of KRS 165.080 shall be placed under the control of the president and trustees of the university, who shall determine when and at what price they shall be sold, but no bonds shall be sold for less than par. Any premium obtained from the bonds shall constitute a part of the sinking fund for their ultimate redemption. The proceeds of the bonds shall be deposited to the credit of the university in the depositories that are selected for the deposit of the funds of the sinking fund commissioners of the city, upon the same agreement as to interest, and shall be withdrawn upon the checks of the treasurer of the university, countersigned by the president thereof.

History. 2948b-5.

165.100. Purposes for which proceeds may be used.

The money derived from the bonds issued under authority of KRS 165.080 shall be used to meet the needs of the university. The authorized use includes the payment for real estate and buildings purchased or to be purchased, the erection and alteration of improvements, and the securing of proper equipment, but does not include the payment of salaries or operating expenses or the payment of any existing indebtedness incurred as an operating expense.

History. 2948-4; amend. Acts 1954, ch. 32.

NOTES TO DECISIONS

Cited:

Louisville v. Kesselring, 257 S.W.2d 599, 1953 Ky. LEXIS 801 ( Ky. 1953 ).

165.110. Bonds of officers to cover duties under bond issue.

The president and treasurer of the university shall each give bond with approved surety in a sum fixed by the board of aldermen of the city. The bond shall be payable to the university and obligate the makers to perform faithfully the duties of their offices and faithfully account for and pay over all money or other thing of value that may come into their hands. The bonds shall be kept in force during the time any money received from the bond issue provided for by KRS 165.080 is being handled or administered by the university or its officers.

History. 2948b-6.

165.120. Employment of technical advisers and others for construction work.

The president and trustees of the university may employ such persons as they deem necessary, including architects and other technical advisers, to perform any work for which a bond issue has been provided.

History. 2948b-7.

Research References and Practice Aids

Cross-References.

Public works involving engineering to be under supervision of registered professional engineer or architect, KRS 322.360 .

165.130. Contracts — Bids for.

Any work for which a bond issue has been provided may be done by contract or otherwise, in the discretion of the president and trustees of the university. When any contract involves the expenditure of two thousand dollars ($2,000) or more it shall be awarded to the lowest and best bidder. All bids or parts of bids for any such work, or for any supplies, may be rejected by the president and trustees. The president and trustees may do any part of the work by day labor when deemed advisable.

History. 2948b-8.

165.140. Financial and other reports concerning university.

The president and trustees of a municipal university in a city of the first class shall annually report to the mayor and the board of aldermen of the city what they do under the provisions of KRS 165.080 to 165.130 , and account for all funds received by them. An annual report and audit of receipts and disbursements of funds received by the university under KRS 165.030 to 165.050 shall be made in addition to other reports required by its charter.

History. 2948a-7, 2948b-9.

Research References and Practice Aids

Cross-References.

Educational institutions supported by taxation to report to State Board of Education, KRS 157.060 .

165.150. Law school buildings for municipal university — Erection of.

  1. Any city of the first class may, if the necessary ground is conveyed to the city without cost and free of all liens and encumbrances, erect law school buildings, with necessary appurtenances, for the purpose of supplying the municipal university of the city with adequate buildings necessary to carry out its powers and duties. The city shall proceed under the provisions of KRS 162.160 to 162.280 . When so applied, KRS 162.160 to 162.280 shall be so read that:
    1. “School building” means “law school building.”
    2. “Board of education of the school district” means “board of trustees of the municipal university.”
    3. “KRS 162.150 to 162.280” means “KRS 165.150 .”
    4. “From the public works administration or other agency of the federal government,” in KRS 162.170 , is replaced by “secured by a lien on the revenues derived from the building.”
    5. “Thirty (30) years,” in KRS 162.180 , means “fifty (50) years.”
    6. “KRS 162.150 ,” in KRS 162.160 and 162.170 , means “KRS 165.150 .”
    7. “And to the Superintendent of Public Instruction,” in KRS 162.160, is omitted.
    8. The period of the lease contemplated by KRS 162.160 shall not exceed a maximum of fifty (50) years, and the insurance required in the lease shall at least equal the value of the improvements.
  2. This section creates an additional and alternate method for the erecting of law school buildings for municipal universities in cities of the first class, and does not affect any other statute. No proceedings shall be required for the erection of any law school building under this section or the issuance of bonds therefor except those prescribed by this section.

History. 2948c-1 to 2948c-16.

Research References and Practice Aids

Kentucky Law Journal.

Morrow, County Debt Difficulties in Kentucky, 31 Ky. L.J. 242 (1943).

165.160. Municipal colleges in cities with populations of 3,000 or more, except for cities of the first class — Establishment — Board of trustees — Advisory board prohibited.

  1. Except for cities of the first class, cities with populations equal to or greater than three thousand (3,000) based upon the most recent federal decennial census may establish or acquire by lawful conveyance municipal colleges for the purpose of promoting public education. A college in a city meeting the requirements set out in this subsection shall not constitute a municipal college or receive support as provided in KRS 165.170 to 165.190 unless it is controlled by a board of trustees appointed by the mayor and legislative body of the city, and unless its principal work is the maintenance of courses affording instruction in such arts, sciences, and professions and conferring such certificates of attainment as are authorized by other similar institutions of learning above the high school grade. No advisory board shall be appointed for any college established pursuant to the provisions of this section, and the board of trustees of the college shall perform the functions of an advisory board in addition to its other functions.
  2. If the college is supported by a municipal college support district, three (3) members of the board of trustees mentioned in subsection (1) of this section shall be appointed by the governing body of the district.

History. 3219-1, 3219-2, 3219-5; amend. Acts 1960, ch. 203, § 1; 1976, ch. 98, § 2; 2000, ch. 521, § 19, effective July 14, 2000; 2014, ch. 92, § 231, effective January 1, 2015.

165.165. Bond issue for municipal college.

The legislative body of a city which has established or acquired a municipal college pursuant to KRS 165.160 or where a junior college exists under the provisions of KRS 165.160 to 165.260 may, for educational purposes, use and employ all the authority contained in KRS 165.080 to 165.140 and 162.340 to 162.380 to issue bonds for the benefit of such college.

History. Enact. Acts 1962, ch. 147; 2000, ch. 521, § 20, effective July 14, 2000; 2014, ch. 92, § 232, effective January 1, 2015.

165.170. Tax levy for municipal college — Amount — Disposition.

The legislative body of any city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census that has a municipal college may, after an election as required by Section 184 of the Constitution, annually levy and collect, for the support of the municipal college, a tax of not less than five cents ($0.05) nor more than fourteen cents ($0.14) on each one hundred dollars’ ($100) worth of property subject to taxation for city purposes. The levy of such taxes shall be made at the same time and in the same manner as other levies for city purposes. The amount levied shall be placed to the credit of the municipal college fund upon the completion of the assessment of property for taxation, and paid as collected, subject to the discount allowed on other city taxes, by the treasurer of the city to the treasurer or other financial officer of the college, for the purpose of establishing, acquiring and operating the college. The taxes authorized by this section shall be construed to be school taxes and shall be in addition to all other taxes authorized by law to be used for municipal or school purposes.

History. 3219-1, 3219-3; amend. Acts 1960, ch. 203, § 2; 2014, ch. 92, § 233, effective January 1, 2015.

Opinions of Attorney General.

A city had no authority to exempt local manufacturing establishments from a tax levy for local libraries. OAG 67-559 .

The city had no authority to exempt local manufacturing establishments from the tax review for the support of the city’s junior college. OAG 67-559 .

165.175. Municipal college support district.

  1. The fiscal court of a county containing a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census that has a municipal college, having obtained the authorization of the legislative body of such city for the college to accept tax support from a municipal college support district and for appointment of three (3) members of the college board of trustees by the governing body of the district, may establish a municipal college support district consisting of the territory in the county outside the limits of the city in which is located the college. The members of the fiscal court shall constitute the governing body of the district. Subject to the provisions of subsection (2), the district may levy a tax of not less than five ($0.05) or more than fourteen cents ($0.14) on each one hundred dollars ($100) of the assessed valuation of all property in the district. The funds raised by this tax shall be used solely to support the college.
  2. A certified copy of the order of the fiscal court creating the district shall be filed by the governing body of the district with the county clerk not later than the second Tuesday in August before a regular election, and the clerk shall cause the question whether the tax is to be imposed to be prepared for presentation to voters residing in the district. The question shall be so phrased as to ask the voter whether he favors the imposition of a tax of not less than five ($0.05) or more than fourteen cents ($0.14) on each one hundred dollars ($100) of the assessed valuation of all property in the district for the purpose of supporting the municipal college in the county. If a majority of those voting on the question favor the imposition of the tax, the governing body of the district shall levy the tax.
  3. The sheriff shall collect the taxes due the district at the same time and in the same manner in which he collects the state and county ad valorem tax. He shall be allowed a fee not to exceed four percent (4%) for collection of this tax. The money collected shall be paid to the college board of trustees.

History. Enact. Acts 1960, ch. 203, § 3, effective June 16, 1960; 1982, ch. 360, § 51, effective July 15, 1982; 1996, ch. 195, § 60, effective July 15, 1996; 2014, ch. 92, § 234, effective January 1, 2015.

165.180. Appropriation of funds other than taxes.

Any city having a municipal college pursuant to KRS 165.160 may devote to college purposes any funds or properties derived from sources other than taxes levied for special purposes.

History. 3219-4; 2000, ch. 521, § 21, effective July 14, 2000; 2014, ch. 92, § 235, effective January 1, 2015.

165.190. Appropriation of land for college.

The legislative body of any city having a municipal college pursuant to KRS 165.160 may appropriate as a site for the buildings and grounds for that municipal college any public grounds of the city not especially appropriated or dedicated to any other use.

History. 3219-6; 2000, ch. 521, § 22, effective July 14, 2000; 2014, ch. 92, § 236, effective January 1, 2015.

165.195. Acquisition of property by board of trustees.

The board of trustees of a municipal college established pursuant to KRS 165.160 may acquire, by purchase or gift, lands and improvements for the purpose of expanding the plant and extending the usefulness of the college, and when unable to agree with the owner of land and improvements necessary for the purposes of the college may proceed to condemn the land and improvements. The condemnation proceedings shall be conducted in the manner provided in the Eminent Domain Act of Kentucky.

History. Enact. Acts 1960, ch. 203, § 4; 1976, ch. 140, § 71; 2000, ch. 521, § 23, effective July 14, 2000; 2014, ch. 92, § 237, effective January 1, 2015.

Research References and Practice Aids

Cross-References.

Eminent Domain Act of Kentucky, KRS 416.540 to 416.680 .

165.200. Financial and other reports concerning college.

An annual report and audit of receipts and disbursements of funds received by a municipal college under KRS 165.160 to 165.190 shall be made in addition to such other reports on the condition of the college as are required by its charter or by the governing body of the city.

History. 3219-7.

Research References and Practice Aids

Cross-References.

Educational institutions supported by taxation to report to State Board of Education, KRS 157.060 .

165.210. Municipal junior colleges in designated cities — Establishment and control of.

  1. Boards of education of designated cities may establish or acquire by lawful conveyance municipal junior colleges for the purpose of promoting public education. A college in a designated city shall not constitute a municipal junior college or receive support as provided in KRS 165.220 to 165.240 unless it is controlled by the board of education of the city as a part of the public school system, and unless its principal work is the maintenance of courses affording instruction in such arts, sciences and professions and conferring such certificates of attainment as are authorized by other similar institutions of learning above high school grade.
  2. As used in this section, “designated city” means a city classified as a city of the second class as of January 1, 2014, under the city classification system in effect prior to January 1, 2015. The Department of Education shall, on or before January 1, 2015, create an official registry listing the cities that qualify as a “designated city” under this section and shall publish that registry on its Web site.

History. 3219-8, 3219-9, 3219-12; amend. 2014, ch. 92, § 238, effective January 1, 2015.

165.220. Tax levy for junior college.

The board of education of any city having a municipal junior college pursuant to KRS 165.210 may request and the legislative body of the city shall then, after an election as required by Section 184 of the Constitution, annually cause to be levied and collected, for the support of a municipal junior college, a tax of not less than five cents ($0.05) nor more than seven cents ($0.07) on each one hundred dollars ($100) worth of property subject to taxation for city purposes. Any election for the levy of taxes under this section shall be held at the next regular election if the question is filed with the county clerk not later than the second Tuesday in August preceding the regular election. The levy of such taxes shall be made at the same time and in the same manner as other levies for public school purposes. The amount levied shall be placed to the credit of the board of education fund upon completion of the assessment of property for taxation, and paid as collected, subject to the discounts or penalties allowed on other city taxes, by the treasurer of the city to the treasurer of the board of education for the purpose of establishing, acquiring and operating the college. The taxes authorized by this section shall be construed to be school taxes and shall be in addition to all other taxes authorized by law to be used for municipal or school purposes.

History. 3219-8, 3219-10; amend. 1996, ch. 195, § 61, effective July 15, 1996; 2014, ch. 92, § 239, effective January 1, 2015.

NOTES TO DECISIONS

  1. Call of Election.
  2. Municipal or School Purposes.
  3. Acquisition of Land.
1. Call of Election.

Under its general grant of powers council of a city of the second class may call an election to determine whether or not the tax proposed shall be levied. Pollitt v. Lewis, 269 Ky. 680 , 108 S.W.2d 671, 1937 Ky. LEXIS 659 ( Ky. 1937 ).

2. Municipal or School Purposes.

This tax is not one for municipal purposes. Pollitt v. Lewis, 269 Ky. 680 , 108 S.W.2d 671, 1937 Ky. LEXIS 659 ( Ky. 1937 ).

3. Acquisition of Land.

Where school district entered into contract with University of Kentucky to conduct a junior college and pursuant to such agreement created a nonprofit corporation to acquire additional property and conveyed to corporation land on which the junior college was already being operated, the continuation of a seven cents tax imposed for the operation of the junior college was not illegal notwithstanding the proceeds thereof were to be used for the retirement of bonds issued for the acquisition of the property of the nonprofit corporation. Montague v. Board of Education, 402 S.W.2d 94, 1966 Ky. LEXIS 355 ( Ky. 1966 ).

Opinions of Attorney General.

The governing body of a city of the second class has authority by ordinance to present the question to its citizens concerning whether they wish to have a seven cents special tax levy to support a community college continued or repealed. OAG 79-503 .

165.230. Tuition charged by junior college.

The board of education of any city that establishes or acquires a municipal junior college pursuant to KRS 165.210 may, for the purpose of supplementing the tax provided in KRS 165.220 , charge each pupil attending the college an annual tuition fee of not more than two hundred dollars ($200). The tuition fee shall be collected by the treasurer of the board of education and placed to the credit of the board of education college fund, and shall be used for maintaining and operating the college.

History. 3219-11; amend. Acts 1948, ch. 31; 2014, ch. 92, § 240, effective January 1, 2015.

165.240. Appropriation of land for junior college.

The board of education of any city that has established or acquired a municipal junior college pursuant to KRS 165.210 may set apart or appropriate any site or school building, or part of a school building and grounds, not needed for general school purposes, for the use of a municipal junior college.

History. 3219-13; amend. 2014, ch. 92, § 241, effective January 1, 2015.

165.250. Financial report of junior college.

An annual report and an audit of receipts and disbursements of the junior college fund shall be made by the board of education of the city.

History. 3219-14.

Research References and Practice Aids

Cross-References.

Educational institutions supported by taxation to report to State Board of Education, KRS 157.060 .

165.260. Existing junior colleges not affected.

KRS 165.210 to 165.250 do not affect cities that had established and were operating, on January 27, 1937, municipal junior colleges other than by boards of education.

History. 3219-15.

165.270. City of first class may provide for training teachers. [Repealed.]

Compiler’s Notes.

This section (4399-20) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

165.280. Board of education in county containing city of fourth class may establish junior college; tax for support; election on question of establishment. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 164, § 1) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

165.290. What constitutes junior college; course of instruction. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 164, §§ 2 and 4) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

165.300. Tuition and fees; college fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 164, §§ 3 and 6) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

165.310. Site and buildings; issuance of bonds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 164, § 5) was repealed by Acts 1990, ch. 476, Pt. VI, § 616, effective July 13, 1990.

CHAPTER 165A Proprietary Education

165A.010. Definitions for KRS 165A.020 to 165A.050. [Repealed.]

Compiler’s Notes.

This section (Acts 1976, ch. 374, § 1; 1978, ch. 155, § 104) was repealed by Acts 1980, ch. 295, § 95, effective July 15, 1980.

165A.020. State commission for postsecondary education. [Repealed.]

Compiler’s Notes.

This section (Acts 1976, ch. 374, § 2; 1978, ch. 155, § 104) was repealed by Acts 1980, ch. 295, § 95, effective July 15, 1980.

165A.030. Duties of commission. [Repealed.]

Compiler’s Notes.

This section (Acts 1976, ch. 374, § 3; 1978, ch. 155, §§ 83, 104) was repealed by Acts 1980, ch. 295, § 95, effective July 15, 1980.

165A.040. Commission membership — Terms — Meetings. [Repealed.]

Compiler’s Notes.

This section (Acts 1976, ch. 374, § 4; 1978, ch. 155, §§ 83, 104) was repealed by Acts 1980, ch. 295, § 95, effective July 15, 1980.

165A.050. State agencies to cooperate. [Repealed.]

Compiler’s Notes.

This section (Acts 1976, ch. 374, § 5; 1978, ch. 155, § 104) was repealed by Acts 1980, ch. 295, § 95, effective July 15, 1980.

Definitions

165A.310. Definitions for chapter.

As used in this chapter:

  1. “Agent” means any person employed by a proprietary school to act as agent, solicitor, broker, or independent contractor to procure students for the school by solicitation of enrollment in any form made at any place other than the main office or principal place of business of the school;
  2. “CDL” means a commercial driver’s license as defined in KRS 281A.010 ;
  3. “CDL driver training” means a course of study that complies with the provisions of KRS 332.095 governing the instruction of persons in the operation of commercial motor vehicles;
  4. “CDL driver training school” means any person, firm, partnership, association, educational institution, establishment, agency, organization, or corporation that offers CDL driver training to persons desiring to obtain a Kentucky CDL in order to operate a commercial motor vehicle and for which a fee or tuition is charged;
  5. “Commercial motor vehicle” has the same meaning as in KRS 281A.010 ;
  6. “Commission” means the Kentucky Commission on Proprietary Education;
  7. “Formal complaint” means a written statement filed on a form specified by the commission in which the complainant alleges that a school has violated a Kentucky statute or administrative regulation and has negatively impacted the complainant, and resolution is requested by the commission;
  8. “License” means authorization issued by the commission to operate or to contract to operate a proprietary school in Kentucky as described in this chapter and does not reflect accreditation, supervision, endorsement, or recommendation by the commission;
  9. “Person” means an individual, corporation, business trust, estate, partnership, unincorporated association, two (2) or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity;
  10. “Proprietary school” or “school” means a privately owned educational institution, establishment, agency, organization, or person maintained on either a for-profit or not-for-profit basis, offering or administering a plan, course, or program of instruction in business, trade, technical, industrial, or related areas for which a fee or tuition is charged whether conducted in person, by mail, or by any other method, and does not include:
    1. A school or educational institution supported entirely or partly by taxation from either a local or state source;
    2. A parochial, denominational, or eleemosynary school or institution;
    3. A training program which offers instruction for payment by participants primarily in pursuit of a hobby, recreation, or entertainment, and does not result in the granting of postsecondary credits nor lead to an industry-recognized credential, academic certificate, or degree;
    4. A course or courses of instruction or study sponsored by an employer for the training and preparation of its own employees for the benefit of the employer and without charge to the employee; or
    5. A school or educational institution licensed or approved by or a course or courses of study or instruction sponsored by the Kentucky Board of Barbering established by KRS 317.430 , the Kentucky Board of Cosmetology established by KRS 317A.030 , the Kentucky Board of Nursing established by KRS 314.121 , the Kentucky Board of Embalmers and Funeral Directors established by KRS 316.170 , or the Kentucky Council on Postsecondary Education established by KRS 164.011 ;
  11. “Resident” means any person who has established Kentucky as his or her state of domicile. Proof of residency shall include but not be limited to a deed or property tax bill, utility agreement or utility bill, or rental housing agreement;
  12. “School year” is beginning the first day of July and ending the thirtieth day of June next following, except when approval shall be suspended or canceled pursuant to KRS 165A.350 ; and
  13. “Statement of quality assurance” means a statement required by the commission from a non-degree granting institution, in a form and manner determined by the commission, that attests to the institution meeting the minimum standards required for receiving and maintaining a license.

HISTORY: Enact. Acts 1976, ch. 363, § 1, effective July 1, 1976; 1982, ch. 31, § 1, effective July 15, 1982; 1990, ch. 470, § 58, effective July 1, 1990; 2002, ch. 280, § 1, effective April 9, 2002; 2012, ch. 76, § 1, effective July 12, 2012; repealed and reenacted by 2018 ch. 46, § 31, effective March 30, 2018; repealed and reenacted by 2018 ch. 99, § 1, effective July 14, 2018; 2019 ch. 138, § 1, effective June 27, 2019.

Proprietary Education

165A.320. Applicability of KRS 165A.310 to 165A.410.

KRS 165A.310 to 165A.410 shall not apply to any institution offering a four (4) year bachelor’s degree recognized by the Council on Postsecondary Education, nor shall it apply to any religious or nonprofit institution exempt from taxation under the laws of this state or which is subject to the provisions of KRS 164.945 . KRS 165A.310 to 165A.410 is intended to apply to and regulate for-profit proprietary schools, including but not limited to traditional, Web-based, distance learning, or correspondence schools, which are operated as or are organized for profit, whether profit is ever realized.

History. Enact. Acts 1976, ch. 363, § 2, effective July 1, 1976; 1978, ch. 155, § 104, effective June 17, 1978; 1982, ch. 31, § 2, effective July 15, 1982; 1997 (1st Ex. Sess.), ch. 1, § 141, effective May 30, 1997; 2012, ch. 76, § 2, effective July 12, 2012.

Opinions of Attorney General.

A proprietary school which decides to offer a four year college level curriculum shall no longer be under the jurisdiction of the Board of Proprietary Education but shall be under the jurisdiction of the Council on Higher Education and must comply with the standards set by the Council on Higher Education and obtain a license from the Council. OAG 91-2 .

When a proprietary institution has both associate and baccalaureate programs, the Council on Higher Education alone has licensure jurisdiction. OAG 91-2 .

Approval of a bachelor’s degree program by the Council on Higher Education removes the total institution from the responsibility and authority of the State Board for Proprietary Education. OAG 91-34 .

The General Assembly has enacted a scheme where institutions of learning desiring to use the word “college” or “university” must be licensed by the Council on Higher Education, and comply with the regulations. Once such an institution has been recognized by the Council on Higher Education, by licensure, jurisdiction over that college is transferred from the State Board for Proprietary Education to the Council on Higher Education. OAG 91-34 .

165A.320. Applicability of KRS 165A.310 to 165A.410.

KRS 165A.310 to 165A.410 shall not apply to any institution offering a four (4) year bachelor’s degree recognized by the Council on Postsecondary Education, nor shall it apply to any religious institution exempt from taxation under the laws of this state or which is subject to the provisions of KRS 164.945 . KRS 165A.310 to 165A.410 is intended to apply to and regulate for-profit and not-for-profit proprietary schools, including but not limited to traditional, Web-based, distance learning, or correspondence schools, which are operated as or are organized for a profit, or on a not-for-profit basis.

HISTORY: Enact. Acts 1976, ch. 363, § 2, effective July 1, 1976; 1978, ch. 155, § 104, effective June 17, 1978; 1982, ch. 31, § 2, effective July 15, 1982; 1997 (1st Ex. Sess.), ch. 1, § 141, effective May 30, 1997; 2012, ch. 76, § 2, effective July 12, 2012; 2019 ch. 138, § 2, effective June 27, 2019.

165A.330. License required — Applications.

  1. No person shall conduct, operate, maintain, or establish a proprietary school as herein defined or use any words which designate or tend to designate to the public that the operator of the school is qualified to conduct, operate, and maintain the school, unless he holds a valid current license from the commission.
  2. Completed applications for a license shall be filed with the commission thirty (30) working days prior to being considered by the commission.
  3. Renewal applications shall be filed annually with the commission forty-five (45) days prior to the expiration date.
  4. The school owner shall notify the commission if any personnel involved in the applicant school has ever been associated as owner, partner, director, or other administrator with a school that has had its license revoked or that has closed and caused students a loss of money. The commission may consider this information in granting, renewing, or revoking a license.
  5. No person shall in any way solicit any person or group of persons in this state to enroll at or attend any such school unless the person holds a valid license as agent of the school for which he or she is soliciting.

HISTORY: Enact. Acts 1976, ch. 363, § 3, effective July 1, 1976; 1982, ch. 31, § 3, effective July 15, 1982; 1990, ch. 79, § 1, effective July 13, 1990; 2012, ch. 76, § 3, effective July 12, 2012; 2018 ch. 99, § 2, effective July 14, 2018.

Opinions of Attorney General.

If a computer store has obtained a license as a “proprietary school,” any salesperson soliciting others to enroll in or attend a computer course or computer training provided by the store must be licensed as an agent. OAG 84-58 .

165A.340. Kentucky Commission on Proprietary Education — Membership — Terms — Duties of executive director — Administrative regulations — Meetings — Powers and duties of commission — Compensation — Complaint committee — Annual report.

  1. The Kentucky Commission on Proprietary Education is hereby created as an independent agency of the Commonwealth and shall be attached to the Education and Workforce Development Cabinet for administrative purposes. The commission shall be composed of the following members:
    1. Two (2) members who are representative of privately owned postsecondary educational institutions licensed by the commission and appointed by the Governor from a list of seven (7) names submitted by the Kentucky Association of Career Colleges and Schools;
    2. Two (2) members who are representative of privately owned postsecondary technical schools licensed by the commission and appointed by the Governor from a list of seven (7) names submitted by the Kentucky Association of Career Colleges and Schools;
    3. Four (4) members who are representative of the public at large with a background in education, business, or industry in Kentucky and appointed by the Governor;
    4. The secretary of the Education and Workforce Development Cabinet, or the secretary’s designee;
    5. The president of the Council on Postsecondary Education, or the president’s designee; and
    6. The commissioner of education, or the commissioner’s designee.
  2. Terms of appointed members shall be four (4) years or until successors are duly appointed and qualified. A vacancy on the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointment. An appointed member shall not serve more than two (2) consecutive full terms, except that a member may be reappointed after a break in service of one (1) full term.
  3. The commission shall employ and fix the compensation of an executive director, who shall be its secretary and principal executive officer. The executive director shall have a background in the regulation of commerce, business, or education, and shall be responsible for:
    1. Organizing and staffing meetings of the commission;
    2. Establishing policies to ensure retention of original licensing documentation;
    3. Ensuring that minutes and other financial, procedural, complaint, and operational records are securely maintained and archived;
    4. Internal and external correspondence and communication;
    5. Submitting reports and strategic agenda items for review and approval;
    6. Assisting the commission in the promulgation of administrative regulations;
    7. Carrying out policy and program directives of the commission;
    8. Preparing budget submissions;
    9. Ensuring that formal complaints are provided to the complaint committee and arranging for independent investigations as needed;
    10. Ensuring that an independent audit of the commission’s finances is conducted biennially;
    11. Ensuring that formal written agreements are executed for the procurement of administrative and legal services;
    12. Formalizing office policies and procedures relating to licensing and financial operations;
    13. Developing and implementing a process for monitoring expenditures and reconciling on a monthly basis commission and student protection fund receipts reported in the Enhanced Management Administrative Reporting System (EMARS); and
    14. Other activities necessary to ensure that the commission meets its designated duties and responsibilities.
  4. The commission shall have full authority to employ and fix the compensation for any personnel, including counsel, as it may deem necessary to effectively administer and enforce the provisions of this chapter. The commission shall obtain office space, furniture, stationery, and any other proper supplies and conveniences reasonably necessary to carry out the provisions of this chapter.
  5. The commission shall annually elect a chairperson. The chairperson shall not be a school representative appointed pursuant to subsection (1)(a) or (b) of this section.
    1. The commission shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish: (6) (a) The commission shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish:
      1. Commission operating and accountability procedures;
      2. Requirements for each licensed institution to publicly disclose according to standardized protocols, both in print and Web-based materials, information about:
        1. Any information that the schools are required to report by the federal Higher Education Opportunity Act, Pub. L. No. 110-315, using the Integrated Postsecondary Education Data System (IPEDS) of the National Center for Educational Statistics as a condition of participating in Title IV federal financial aid programs;
        2. The job placement rate of program graduates in the field of study and the types of jobs for which graduates are eligible;
        3. Articulation agreements with other postsecondary educational institutions and the rights and responsibilities of students regarding transfer of credits;
        4. The complaint procedures available to students; and
        5. The existence of the student protection fund created in KRS 165A.450 , and procedures for students to file a claim, including but not limited to the documentation required for submission of a claim;
      3. Quality standards and compliance monitoring schedules of traditional programs, correspondence courses, and Web-based, distance learning courses offered over the Internet;
      4. Advertising requirements for schools issued a license, including no distribution of materials containing untrue, deceptive, or misleading statements and no representation that the commission is an accrediting agency for the school or its programs;
      5. A schedule for reviewing advertisements and recruitment materials and practices of member institutions to ensure compliance with this chapter;
      6. An equitable structure of licensure and renewal fees, to be paid by licensed schools, necessary to carry out the provisions and purposes of this chapter and to support adequate staffing of commission responsibilities. The fee structure shall be based on the gross revenue of licensed schools, number of students enrolled, and whether the school is located within the state or outside the state; and
      7. The method for calculating placement rates that are to be disclosed pursuant to this subsection.
    2. The commission shall have the authority to promulgate other administrative regulations, in cooperation with the Kentucky Department of Education and the Council on Postsecondary Education, as it deems necessary for the proper administration of this chapter.
  6. The commission shall hold meetings at least four (4) times a year and as frequently as it deems necessary at the times and places within this state as the commission may designate. The majority of the members shall constitute a quorum, and all meetings shall be conducted in accordance with the Open Meetings Act, KRS 61.805 to 61.850 .
  7. The commission may sue and be sued in its own name.
  8. Commission members shall receive a per diem of one hundred dollars ($100) for attendance at each commission meeting and may be reimbursed for ordinary travel and other expenses while engaged in the business of the commission.
  9. The commission shall administer and enforce the provisions of this chapter pertaining to the conduct, operation, maintenance, and establishment of proprietary education institutions, and the activities of agents thereof when acting as such.
  10. The commission shall have the power to subpoena witnesses and school records as it deems necessary.
  11. The commission chairperson shall appoint a complaint committee and designate its chairperson. The chairperson of the complaint committee shall not be employed by, have ownership interest in, or be otherwise affiliated with a licensed institution. School representatives appointed pursuant to subsection (1)(a) or (b) of this section shall not constitute a majority of the committee’s membership. A committee member shall not vote on a matter in which a conflict of interest exists. The committee shall review each formal complaint and, if evidence supports an alleged violation of this chapter or any administrative regulation promulgated thereunder, the committee shall:
    1. Authorize an investigative report;
    2. Participate in informal procedures to resolve complaints;
    3. Ensure timely correspondence to parties involved in complaints; and
    4. After review of all evidence and investigative reports, make recommendations for the disposition of complaints to the full commission.
  12. No later than November 30, 2013, and annually thereafter, the commission shall provide a status report on the requirements of this section to the Interim Joint Committee on Licensing and Occupations and the Interim Joint Committee on Education. The report shall include a summary of the data, including school performance information, relating to the requirements of subsection (6)(a) of this section.

History. Enact. Acts 1976, ch. 363, § 4, effective July 1, 1976; 1978, ch. 154, § 10, effective June 17, 1978; 1990, ch. 79, § 2, effective July 13, 1990; 1990, ch. 470, § 59, effective July 1, 1990; 2000, ch. 156, § 4, effective July 14, 2000; 2003, ch. 31, § 3, effective June 24, 2003; 2005, ch. 85, § 601, effective June 20, 2005; 2009, ch. 12, § 44, effective June 25, 2009; 2010, ch. 24, § 227, effective July 15, 2010; repealed and reenact, Acts 2012, ch. 76, § 4, effective July 12, 2012; 2018 ch. 99, § 3, effective July 14, 2018; 2019 ch. 138, § 3, effective June 27, 2019.

NOTES TO DECISIONS

Cited:

Kentucky Ass’n of Realtors, Inc. v. Musselman, 817 S.W.2d 213, 1991 Ky. LEXIS 109 ( Ky. 1991 ).

165A.350. Requirements for agent’s permit — Bond or other collateral — Conditional license — Renewal — Owner’s liability for actions of agents.

  1. No person shall solicit or perform the services of an agent in this state for a proprietary school, located either within or without this state, unless the school shall have been issued by the commission a license pursuant to KRS 165A.310 to 165A.410 and the person shall have been issued an agent’s permit for said proprietary school.
  2. No person shall be issued an agent’s permit unless he is an individual of good moral character as determined by the commission.
  3. Except as otherwise provided, no person shall be issued an agent’s permit unless he shall make application upon forms to be provided by the commission, and unless the application shall be accompanied by a fee as established by the commission and a good and sufficient surety bond or other collateral in a form as required by the commission but not less than five thousand dollars ($5,000).
    1. The surety bond or other collateral shall be conditioned by the commission to recover all necessary administrative costs, including but not limited to costs for the acquisition, permanent filing, and maintenance of student records of the proprietary school or to provide indemnification to any student or enrollee or the student’s or enrollee’s parent or guardian suffering loss or damage as a result of any fraud or misrepresentation used in procuring his enrollment in a course or courses of instruction or study offered or maintained by the proprietary school, or as a result of the student being unable to complete the course or courses because the proprietary school ceased operations. The amount of liability on the surety bond or other collateral shall cover each agent each school year, as the term “school year” is defined in KRS 165A.310 . Regardless of the number of years that an agent’s bond is in force, the aggregate liability of the surety bond shall not exceed the penal sum of the bond. The surety bond or other collateral may be continuous. (4) (a) The surety bond or other collateral shall be conditioned by the commission to recover all necessary administrative costs, including but not limited to costs for the acquisition, permanent filing, and maintenance of student records of the proprietary school or to provide indemnification to any student or enrollee or the student’s or enrollee’s parent or guardian suffering loss or damage as a result of any fraud or misrepresentation used in procuring his enrollment in a course or courses of instruction or study offered or maintained by the proprietary school, or as a result of the student being unable to complete the course or courses because the proprietary school ceased operations. The amount of liability on the surety bond or other collateral shall cover each agent each school year, as the term “school year” is defined in KRS 165A.310 . Regardless of the number of years that an agent’s bond is in force, the aggregate liability of the surety bond shall not exceed the penal sum of the bond. The surety bond or other collateral may be continuous.
    2. Any claimant may file with the commission a duly verified claim against an agent. The commission shall consider claims in a timely manner after ten (10) days’ written notice by certified mail, return receipt requested, to the licensee of the claim giving time and place of hearing thereon and if the claim is found to be correct and due to the claimant, and if the commission cannot effect a settlement by persuasion and conciliation, the commission shall make a demand upon the principal on the bond and the surety or other collateral thereon, and if not paid shall bring an action on the bond in Franklin Circuit Court.
  4. The surety bond or other collateral may be of blanket form to cover more than one (1) agent for a proprietary school, but it shall provide the required minimum coverage for each agent.
  5. A surety on the bond or other collateral may be released therefrom after the surety shall make a written notice thereof directed to the commission at least thirty (30) days prior to release.
  6. The surety bond or other collateral shall cover the period of the agent’s permit, except when a surety shall be released in the manner provided herein.
  7. Notwithstanding the provisions of other sections, the commission may issue an agent’s permit to each person who is an owner of more than ten percent (10%) legal interest in a proprietary school located in this state and who is a resident of this state, and no owner shall be required to pay the agent’s permit fee or execute an agent’s surety bond or other collateral as otherwise required by this section, if the proprietary school shall have been issued a license pursuant to the provisions of KRS 165A.310 to 165A.410 .
  8. The commission may issue a conditional license on a monthly basis for up to a nine (9) month period of time.
  9. An agent’s permit shall be suspended by operation of law when the agent is no longer covered by a surety bond or other collateral is withdrawn as required by KRS 165A.310 to 165A.410 ; but the commission shall cause the agent to receive at least ten (10) days’ written notice prior to the release of his surety to the effect that the permit shall be suspended by operation of law until another surety bond or other collateral shall be filed in the same manner and like amount as required by the commission.
  10. An agent’s permit shall be valid for a period of one (1) school year as herein defined, except when suspended or canceled pursuant to these provisions. An agent’s permit may be renewed in the same manner and under the same conditions prescribed for the issuance of an initial agent’s permit.
  11. The owner or owners of the proprietary school shall be held responsible for all actions of their agents when performing their duties as agents.

History. Enact. Acts 1976, ch. 363, § 5, effective July 1, 1976; 1980, ch. 114, § 26, effective July 15, 1980; 1982, ch. 31, § 4, effective July 15, 1982; 1990, ch. 79, § 3, effective July 13, 1990; 1990, ch. 470, § 64, effective July 13, 1990; 2012, ch. 76, § 5, effective July 12, 2012; 2017 ch. 141, § 1, effective March 27, 2017; 2018 ch. 99, § 4, effective July 14, 2018; 2019 ch. 138, § 4, effective June 27, 2019.

165A.360. License — Bond or other collateral — Suspension or renewal — Transferability — Voidable student contracts.

    1. No person shall maintain or operate a proprietary school located and doing business within this state until the school has been issued a license by the commission pursuant to the provisions of KRS 165A.310 to 165A.410 . (1) (a) No person shall maintain or operate a proprietary school located and doing business within this state until the school has been issued a license by the commission pursuant to the provisions of KRS 165A.310 to 165A.410 .
    2. No person shall maintain or operate a proprietary school located without this state and do business within this state until the school has been issued a license by the commission pursuant to the provisions of KRS 165A.310 to 165A.410.
    3. No license shall be issued by the commission to any proprietary school which denies enrollment to any pupil on account of race, color, or creed. The Kentucky Commission on Human Rights shall have the power to investigate discriminatory practices of any proprietary school and shall report to the commission. Upon receipt of a report that a school is engaging in discriminatory practices, the commission shall deny or suspend the license of the school in accordance with the provisions of this section and after notice and public hearing as required herein.
  1. No proprietary school shall be issued a license unless it applies, through its officers or an owner, upon forms provided by the commission, and unless the application is accompanied by a fee as established by the commission and a good and sufficient surety bond or other collateral in a form approved by the commission, in a penal sum of not less than twenty thousand dollars ($20,000).
    1. The surety bond or other collateral shall be conditioned by the commission to recover all necessary administrative costs, including but not limited to costs: (3) (a) The surety bond or other collateral shall be conditioned by the commission to recover all necessary administrative costs, including but not limited to costs:
      1. For the acquisition, permanent filing, and maintenance of student records of the school;
      2. To provide indemnification to any student or enrollee or his parent or guardian suffering loss or damage as a result of any fraud or misrepresentation used in procuring his enrollment or as a result of any fraud or misrepresentation as represented by the application for the license; or
      3. As a result of the student being unable to complete the course or courses because the school ceased operations.
      1. Any claimant may file with the commission a duly verified claim against a proprietary school. (b) 1. Any claimant may file with the commission a duly verified claim against a proprietary school.
      2. The commission shall consider claims in a timely manner after ten (10) days’ written notice by certified mail, return receipt requested, to the school cited in the claim, giving the time and place of the hearing.
      3. If the claim is found to be correct and due to the claimant, and if the commission cannot effect a settlement by persuasion and conciliation, the commission shall make a demand upon the principal on the bond or other collateral and the surety thereon, and if not paid may bring an action on such bond in Franklin Circuit Court.
  2. A surety on the bond or other collateral may be released after the surety has made a written notice to the commission at least thirty (30) days prior to the release.
  3. The surety bond or other collateral shall cover the period of the license, except when the surety shall be released in the manner as provided by this section.
    1. The license shall be suspended by operation of law when the proprietary school is no longer covered by a surety bond or other collateral as required by this section; but the commission shall cause the proprietary school to receive at least ten (10) days’ written notice prior to the release of the surety to the effect that the approval shall be suspended by operation of law until another surety bond or other collateral is filed in the same manner and like amount as required for the initial surety bond. (6) (a) The license shall be suspended by operation of law when the proprietary school is no longer covered by a surety bond or other collateral as required by this section; but the commission shall cause the proprietary school to receive at least ten (10) days’ written notice prior to the release of the surety to the effect that the approval shall be suspended by operation of law until another surety bond or other collateral is filed in the same manner and like amount as required for the initial surety bond.
    2. The license shall be suspended by operation of law at any time any certified proprietary school denies enrollment to any pupil, on account of race, color, or creed.
  4. The application for a license shall be accompanied by such supporting documents as the commission may require. The application and accompanying data shall be certified as true and correct in content and policy by the chief executive officer of the proprietary school.
  5. A license shall be valid for a period of one (1) school year. A license may be renewed in the same manner and under the conditions prescribed by the commission.
  6. Licenses are transferable to another owner. If a change of ownership occurs, the new owner shall, within ten (10) days, reexecute and affirm the application for license and the information therein, governing the license in effect at the time of sale. The commission may establish a reasonable fee for the recording and processing of such changes.
  7. The bonding or other collateral requirements herein set forth may be reduced at the sole discretion of the commission upon a showing by the proprietary school that they are excessive in the case of any particular proprietary school.
    1. Contracts by and between a proprietary school operating or doing business within this state and a student are voidable at the option of the student unless the school has been previously issued a license by the commission. (11) (a) Contracts by and between a proprietary school operating or doing business within this state and a student are voidable at the option of the student unless the school has been previously issued a license by the commission.
    2. No proprietary school operating or doing business within this state shall be entitled to any money collected from students, in whatever manner collected, unless the school has been previously issued a license by the commission.
    3. Contracts by and between a proprietary school operating or doing business within this state which are entered into prior to the issuance of a license by the commission, shall be voidable at the option of the student notwithstanding any subsequent issuance of a license to the school by the commission.
    4. Restitution of any money paid by a student under a contract voided pursuant to this section, may be obtained through action brought by the student in either District Court or Circuit Court in the county of the student’s residence or other appropriate court, at the option of the student.

Such indemnification shall, in no case, exceed the advanced tuition paid or to be paid by the student or students or any parent or guardian and regardless of the number of years that a school’s bond is in force, the aggregate liability of the surety bond shall, in no event, exceed the penal sum of the bond. The surety bond or other collateral may be continuous.

History. Enact. Acts 1976, ch. 363, § 6, effective July 1, 1976; 1980, ch. 114, § 27, effective July 15, 1980; 1982, ch. 31, § 5, effective July 15, 1982; 2012, ch. 76, § 6, effective July 12, 2012; 2017 ch. 141, § 2, effective March 27, 2017; 2018 ch. 99, § 5, effective July 14, 2018; 2019 ch. 138, § 5, effective June 27, 2019.

165A.370. Minimum standards and requirements — Training requirements for administrators and instructors — Records — Financial statement — Approval and denial of license — Conditional license.

  1. No proprietary school located or doing business in this state shall be issued a license under these provisions until the commission has determined that the proprietary school is maintained, operated, or, in the event of a new proprietary school, that the school, after a physical inspection of the premises, can be reasonably maintained and operated, in substantial compliance with the following minimum standards:
    1. That the instructional quality and content of each course or program of instruction or study shall be adequate to provide reasonable education and training to each enrolled student, and that the quality and content shall be consistent with the public interest;
    2. That the proprietary school has adequate space, equipment, instructional materials, and instructor personnel to provide the authorized training and preparation of the quality specified in paragraph (a) of this subsection;
    3. That the educational and experience qualifications of directors, administrators, supervisors, and instructors are satisfactory in terms of the quality of instruction specified in paragraph (a) of this subsection;
    4. That the administrators shall hold a baccalaureate degree from an accredited college or university, or demonstrate the appropriate training or experience related to the responsibilities of the position as determined by the commission;
    5. That the instructors shall hold a baccalaureate degree from an accredited college or university in the area of teaching responsibility, or demonstrate appropriate training or experience related to the responsibilities of the position as determined by the commission;
    6. That a copy of the course outline and a schedule of all tuition, fees, tuition refund schedules, program completion rates, and program placement rates of the school’s graduates for the preceding twelve (12) months be furnished each student applicant prior to enrollment;
    7. That, as defined by commission regulation, a diploma, associate degree, certificate, or other appellation shall be awarded to the student upon satisfactory completion of training by the proprietary school which indicates that the course or courses of instruction or study had been satisfactorily completed;
    8. That adequate records shall be maintained on all personnel and available for inspection and shall include the following materials:
      1. Current personnel forms;
      2. Teacher evaluations;
      3. Inventory of equipment and instructional material; and
      4. Faculty transcripts;
    9. That separate files shall be maintained on each student and be available for inspection, and shall include copies of the following materials:
      1. Student’s application for admission;
      2. Enrollment agreement;
      3. Academic record;
      4. Attendance record;
      5. Financial payment record; and
      6. Placement record;
    10. That the proprietary school shall be maintained and operated in compliance with all local, city, and county ordinances and state law, including rules and regulations adopted pursuant thereto, relative to the safety and health of all persons upon the premises;
    11. That the proprietary school is financially sound and reasonably capable of fulfilling commitments to students for training and preparation;
    12. That the school shall have available, if requested by the commission, a financial statement certified by an independent accountant, and a profit-loss statement certified by the owner as being true and current. The commission may call for any or all of the above information at any time;
    13. That the proprietary school does not utilize advertising of any type which is untrue, deceptive, or misleading and shall be able to document all advertised claims;
    14. That the chief executive officer, directors, owners, administrators, supervisors, and instructors are of good moral character as determined by the commission;
    15. That the proprietary school adheres to a tuition refund schedule as presented in published form prior to enrollment;
    16. That the school shall prominently display its current license and the address and telephone number of the commission office; and
    17. That the proprietary school adheres to the other requirements consistent with the public interest as the commission shall determine are necessary to improve the courses or programs of instruction or study offered by the school, and to prevent misrepresentation, fraud, and collusion in the offering thereof.
  2. In determining compliance with the minimum standards described in subsection (1) of this section, the commission shall require at a minimum:
    1. For a degree-granting institution, appropriate accreditation; and
    2. For a non-degree granting institution, a statement of quality assurance.
  3. The commission shall investigate, appraise, and evaluate from time to time, or upon receipt of a formal complaint, any proprietary school now located, or which may be hereafter located, in this state. The investigation, appraisal, and evaluation shall be for the purpose of determining whether the proprietary school or its programs are maintained and operated or, in the event of a new proprietary school, whether the new proprietary school can be reasonably maintained and operated, in compliance with the provisions of this section and all other applicable Kentucky statutes and administrative regulations. The investigation, appraisal, and evaluation shall include but are not limited to inspection of all records, books, and facilities at reasonable times and places without prior notice.
  4. If the commission determines upon investigation, appraisal, and evaluation that a proprietary school located within this state is maintained and operated, or, in the event of a new proprietary school, that the school can be reasonably maintained and operated, in compliance with the minimum standards prescribed by this section, the commission shall issue a license to the proprietary school.
  5. If the commission determines that any school is not maintained and operated, or cannot be reasonably maintained and operated, in compliance with the minimum standards prescribed by this section and the minimum requirements determined by the commission, or is in violation of Kentucky statutes or administrative regulations, the commission, after notice and an opportunity for a hearing to be conducted in accordance with KRS Chapter 13B, may deny the issuance of a license or may establish conditions in conformity with these provisions which shall be met by the school prior to issuance of a license. The commission may issue a conditional license for up to a nine (9) month period of time.

HISTORY: Enact. Acts 1976, ch. 363, § 8, effective July 1, 1976; 1982, ch. 31, § 6, effective July 15, 1982; 1990, ch. 79, § 4, effective July 13, 1990; 1996, ch. 318, § 56, effective July 15, 1996; 2012, ch. 76, § 7, effective July 12, 2012; 2018 ch. 99, § 6, effective July 14, 2018.

165A.380. Disposition of fees — Trust and agency account.

  1. All fees collected pursuant to this chapter, except those collected pursuant to KRS 165A.450 , shall be deposited in the State Treasury in a trust and agency account of the Kentucky Commission on Proprietary Education and shall be used by the commission to defray the cost of administering and enforcing this chapter.
  2. Notwithstanding KRS 45.229 , any moneys remaining in the account at the end of the fiscal year shall not lapse but shall be carried forward to the next fiscal year.
  3. Any interest earnings of the account shall become a part of the account and shall not lapse.

History. Enact. Acts 1976, ch. 363, § 7, effective July 1, 1976; 1982, ch. 31, § 7, effective July 15, 1982; 2012, ch. 76, § 8, effective July 12, 2012.

165A.390. Revocation or suspension of permits and licenses — Conveyance of student records to commission prior to discontinuance.

  1. An agent’s permit may be revoked by the commission for fraud or misrepresentation in procuring or soliciting a student or prospective student for enrollment in a course or courses of instruction or study offered or maintained by a proprietary school located within or without this state. An agent’s permit may be revoked by the commission for a false or misleading written or oral statement in the application therefor submitted by the applicant with the intent to mislead or conceal the truth.
  2. In the event that the license of the proprietary school designated upon an agent’s permit shall be suspended or revoked, or in the event said agent shall leave the employ of said approved proprietary school, the agent’s permit shall be suspended by operation of law; provided, that the agent shall be given at least ten (10) days’ written notice of said suspension, and of the suspension or revocation of the license of said proprietary school; and provided further, that said agent shall be entitled to obtain a reissue of his agent’s permit for the remaining unexpired period of time, without an additional fee, with another approved proprietary school designated thereon.
  3. A license issued to a proprietary school may be suspended or revoked for the failure to maintain and operate a course or courses of instruction or study in compliance with the standards prescribed herein, or for violation of a Kentucky statute or an administrative regulation. A license may be suspended or revoked by the commission for a false or misleading written or oral statement submitted by the applicant proprietary school with the intent to mislead or conceal the truth.
  4. An agent’s permit or the license of a proprietary school may be suspended or revoked by the commission for other valid reasons.
  5. A licensed proprietary school, prior to discontinuance of operation, shall convey all student records as required by the commission to a location designated by the commission. Said records may be retained in such a manner and for such a time as the commission may designate.

HISTORY: Enact. Acts 1976, ch. 363, § 9, effective July 1, 1976; 1982, ch. 31, § 8, effective July 15, 1982; 2012, ch. 76, § 9, effective July 12, 2012; 2018 ch. 99, § 7, effective July 14, 2018.

165A.400. Rules and regulations.

The commission shall have the authority to promulgate and adopt reasonable rules and regulations for the administration of this chapter.

History. Enact. Acts 1976, ch. 363, § 10, effective July 1, 1976; 2012, ch. 76, § 10, effective July 12, 2012.

165A.410. Enforcement of chapter.

The Attorney General may, at the request of the Kentucky Commission on Proprietary Education or on his own motion, bring in a Circuit Court appropriate action for the enforcement of the provisions of this chapter. Any such action under this section may, at the discretion of the Attorney General, be brought either in the county in which the violation occurred or in the Franklin Circuit Court, or other appropriate court.

History. Enact. Acts 1982, ch. 31, § 10, effective July 15, 1982; 2012, ch. 76, § 11, effective July 12, 2012.

165A.450. Licensed schools to contribute to a student protection fund — Purposes — Minimum balance — Fee structure.

All licensed schools, resident and nonresident, shall be required to contribute to a student protection fund. The fund shall be used to pay off debts, including refunds to students enrolled or on leave of absence by not being enrolled for one (1) academic year or less from the school at the time of the closing, incurred due to the closing of a school, discontinuance of a program, loss of license, or loss of accreditation by a school or program. The Kentucky Commission on Proprietary Education shall promulgate administrative regulations in accordance with KRS Chapter 13A to:

  1. Ensure that there is a renewable fund maintained solely to reimburse eligible Kentucky students, the balance of which shall not fall below five hundred thousand dollars ($500,000);
    1. Impose an equitable scaled structure of fees assessed upon schools licensed by the commission when the balance of the fund drops below the minimum balance specified in subsection (1) of this section. The fee structure shall take into account: (2) (a) Impose an equitable scaled structure of fees assessed upon schools licensed by the commission when the balance of the fund drops below the minimum balance specified in subsection (1) of this section. The fee structure shall take into account:
      1. The number of students enrolled in the school;
      2. The tuition and fees charged to students;
      3. A school’s prior contribution to the fund;
      4. Adjustments in fees to replace disbursements from the fund; and
      5. Whether the licensed school is located within the state or outside the state.
    2. The commission shall cease imposing the assessment described in paragraph (a) of this subsection when the balance of the fund is replenished to the required minimum balance specified in subsection (1) of this section;
  2. Ensure that repayment to the fund is made if, after having received payment from the fund, a student receives a financial settlement, including but not limited to a bankruptcy payout, forgiveness of loan debt, payout of bond, or payment from another state from its student protection fund;
  3. Establish requirements for a licensed school to notify the commission and to remit documentation of student records prior to its closing, including penalties such as fines or restrictions on future licensing assessed to owners that do not meet these requirements;
  4. Require licensed institutions to make all students aware of the student protection fund and establish the process for filing claims;
  5. Impose a time frame after a school closes during which a student may file a claim against the fund; and
  6. Establish an appeals process for students who disagree with a commission decision.

History. Enact. Acts 1990, ch. 79, § 5, effective July 13, 1990; 2012, ch. 76, § 12, effective July 12, 2012.

Opinions of Attorney General.

This section is clearly intended to only apply to schools licensed by the State Board for Proprietary Education, not schools licensed by the Council on Higher Education. Once a school is licensed by the Council on Higher Education, its former license with the State Board for Proprietary Education is void. OAG 91-34 .

Commercial Driver’s License Training

165A.460. Proprietary schools that offer CDL training governed by this chapter — Exceptions.

All proprietary schools located or doing business in this state that offer CDL driver training shall be governed by the provisions of this chapter, except for matters governing:

  1. The curriculum which shall be established by the commission in consultation with the Department of Kentucky State Police and the Kentucky Community and Technical College System; and
  2. The inspection of CDL driver training school facilities which shall be under the authority of the Department of Kentucky State Police pursuant to KRS 165A.475 and 332.095 .

HISTORY: Enact. Acts 2002, ch. 280, § 2, effective April 9, 2002; 2007, ch. 85, § 175, effective June 26, 2007; 2018 ch. 99, § 8, effective July 14, 2018.

165A.465. Criminal history background check for CDL trainers — Fingerprinting — Eligibility based on results — Fees.

  1. All persons initially applying for a license to operate a CDL driver training school or a license as a CDL driver training instructor shall be required to undergo a state and national criminal history background check conducted by the Department of Kentucky State Police. Application forms for a license to operate a CDL driver training school or a license as a CDL driver training instructor shall conspicuously state the following: “STATE LAW REQUIRES A STATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF APPLYING FOR THIS LICENSE. ANY PERSON WHO REFUSES TO SUBMIT TO A CRIMINAL HISTORY BACKGROUND CHECK SHALL NOT BE ELIGIBLE TO APPLY FOR, OR BE ISSUED, A LICENSE TO OPERATE A CDL DRIVER TRAINING SCHOOL OR A LICENSE FOR A CDL DRIVER TRAINING INSTRUCTOR.”
  2. All applicants shall be required to submit to being fingerprinted in accordance with administrative regulations promulgated by the Department of Kentucky State Police under KRS Chapter 13A. If the applicant is a corporation, the fingerprints of all officers shall be required.
  3. The results of the state and national criminal history background checks shall be sent to the commission for review within seventy-two (72) hours. If circumstances prohibit the results from being sent to the commission within seventy-two (72) hours, the application shall not be processed further until the results are made available to the commission. The commission shall inform the applicant if, based upon the criminal history background check, the applicant is either eligible or ineligible to be issued a license to operate a CDL driver training school or a license for a CDL driver training instructor. The commission shall promulgate administrative regulations under KRS Chapter 13A specifying the offenses and conditions under which an application shall be denied based upon a criminal history background check.
  4. Any fee charged by the Department of Kentucky State Police to conduct a criminal history background check shall be paid by the applicant and shall not be refundable if, based upon the background check, the commission denies the person the right to be issued a license under this chapter. Any fee charged to conduct a criminal history background check shall be an amount not greater than the actual cost of processing the request and conducting the search.

History. Enact. Acts 2002, ch. 280, § 3, effective April 9, 2002; 2007, ch. 85, § 176, effective June 26, 2007; 2012, ch. 76, § 13, effective July 12, 2012.

165A.470. License to operate CDL driver training school — Persons who may not be connected with school — Requirements for school and instructors.

  1. A person shall not operate, conduct, maintain, or establish a CDL driver training school unless the person holds a valid current license issued by the commission. The following persons shall not be allowed to be connected in any capacity whatsoever with a CDL driver training school:
    1. Any person whose employment duties in any way relate to the issuance of a motor vehicle operator’s license under KRS Chapter 186 or 281A;
    2. Any employee of the commission, Justice and Public Safety Cabinet, or Department of Kentucky State Police; and
    3. Any member of the immediate family of persons identified in paragraphs (a) and (b) of this subsection.
  2. A person shall not operate, conduct, maintain, or establish a CDL driver training school unless the school has:
    1. At least one (1) licensed CDL driver training instructor in its employ; and
    2. At least one (1) commercial motor vehicle owned or leased in the name of the CDL driver training school that is properly registered in the Commonwealth and that has undergone a safety inspection within the past twelve (12) months.
  3. A person shall not continue to operate a CDL driver training school if the commission has suspended, revoked, canceled, or refused to renew the school’s license.
  4. A person shall not act as an instructor for a CDL driver training school unless the person holds a valid current license as an instructor issued by the commission and unless the person is employed by a licensed CDL driver training school.

History. Enact. Acts 1966, ch. 63, § 3; repealed, reenact. and amend. Acts 2002, ch. 280, § 5, effective April 9, 2002; 2007, ch. 85, § 177, effective June 26, 2007; 2012, ch. 76, § 14, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 332.020 .

165A.475. Application to operate CDL driver training school — Investigation by Department of Kentucky State Police — Application to act as instructor — Fees — Determination of whether to issue license.

  1. Any person seeking a license to operate, conduct, maintain, or establish a CDL driver training school shall apply to the commission on forms prepared and furnished by the commission. The application shall include the following information:
    1. The title or name of the school, the names of the owners of the school, and, if the owner is to be a corporation, the names and addresses of the officers of the corporation;
    2. Except for corporations, a statement that the owners of the CDL driver training school are each twenty-one (21) years of age or over, are residents of this state, and have been for at least one (1) year next preceding the application for the CDL driver training school license;
    3. A description of the established place of business together with the hours during which the CDL driver training school is conducted and a description of the equipment and facilities used in CDL driver training;
    4. Evidence of liability insurance coverage of the CDL driver training school, the instructor, and students of the CDL driver training school while operating driver training school equipment. The insurance shall have minimum limits of not less than twenty-five thousand dollars ($25,000) for bodily injury or death of one (1) person in any one (1) accident and subject to the limit for any one (1) person, fifty thousand dollars ($50,000) for bodily injury or death of two (2) or more persons in any one (1) accident and ten thousand dollars ($10,000) for damage to the property of others in any one (1) accident. Evidence of insurance coverage shall also provide that the insurance coverage shall not be canceled except after ten (10) days prior notice in writing by the carrier to the commission. Upon request by an applicant, the commission shall review an application and provide a letter to the applicant that a proposed CDL driver training school has met all preliminary requirements for approval, except the provisions of this paragraph. The letter may be used by the applicant to help secure the liability insurance coverage needed under this paragraph to obtain a license to operate a school. A letter provided under this paragraph shall not be construed as approval to perform CDL driver’s training or to operate a school.
  2. Each original application for a license to operate a CDL driver training school and each application for renewal of a license to operate a CDL driver training school shall be accompanied by the payment of a fee of two hundred dollars ($200) to the commission and written proof that the applicant has complied with the criminal history background check required by KRS 165A.465 . The application fee charged under this subsection shall not be refundable if, based upon the background check, the commission denies the person the right to be issued a license under this chapter.
  3. The commission shall pay the Department of Kentucky State Police to inspect and investigate CDL driver training schools under the requirements of subsection (4) of this section. The payment shall be an amount not greater than the actual cost of conducting the inspection and investigation.
  4. Upon receipt of an application for a license to operate a CDL driver training school, the commission shall request the Department of Kentucky State Police to investigate the person’s program and verify the information contained in the application. The Department of Kentucky State Police shall contact the applicant and make an appointment to inspect the school’s facilities. At the time of inspection, the Department of Kentucky State Police shall verify that the school meets the standards promulgated as administrative regulations under KRS Chapter 13A for license as a CDL driver training school. Upon request, the standards shall be furnished to the school by the commission prior to the visit. If the standards are met, the school shall be licensed to offer instruction on how to operate a commercial motor vehicle including classifications, endorsements, and restrictions as established in KRS 281A.170 .
  5. Any person seeking a license to act as a CDL driver training instructor shall apply to the commission on forms prepared and furnished by the commission setting forth that the applicant is twenty-one (21) years of age or older; is a high school graduate or has the equivalent of a high school education, or has equivalent experience; and holds a current and valid operator’s license.
  6. Each original application for a license as a CDL driver training instructor and each application for renewal of a license as a CDL driver training instructor shall be accompanied by the payment of a fee of twenty dollars ($20) to the commission and written proof that the applicant has complied with the criminal history background check required by KRS 165A.465 . The application fee charged under this subsection shall not be refundable if, based upon the background check, the commission denies the person the right to be issued a license under this chapter.
  7. In making the determination whether to issue a license under this section, the commission shall consider but shall not be limited to the following:
    1. If the applicant has been convicted of a crime as defined in KRS 335B.010 ;
    2. The age of the applicant at the time any criminal conviction was entered;
    3. The length of time that has elapsed since the applicant’s last criminal conviction;
    4. The relationship of any crime convicted to the ability of the applicant to operate a CDL driver training school or to act as a CDL driver training instructor; and
    5. The provisions of KRS Chapter 335B.

HISTORY: Enact. Acts 1966, ch. 63, § 4; 1974, ch. 74, Art. V, § 24(2); 2000, ch. 513, § 1, effective July 14, 2000; repealed, reenact. and amend. Acts 2002, ch. 280, § 6, effective April 9, 2002; 2007, ch. 85, § 178, effective June 26, 2007; 2012, ch. 76, § 15, effective July 12, 2012; 2017 ch. 158, § 35, effective June 29, 2017; 2018 ch. 99, § 9, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 332.030 .

165A.480. License to operate school or act as instructor — Posting and carrying of licenses.

  1. Upon receipt of a satisfactory application accompanied by the prescribed fee, the commission shall issue a license to the applicant.
  2. If the license is issued to a CDL driver training school, it shall be posted and at all times displayed in a conspicuous place so that all persons visiting the school may readily see the license.
  3. If the license is issued to a CDL driver training instructor, the person shall carry the license at all times during which the person is actually giving instruction to any student. Upon request, the instructor shall exhibit the license to any student taking instruction from him or her and to any other person authorized by law to examine operators’ licenses.

History. Enact. Acts 1966, ch. 63, § 6; repealed, reenact. and amend. Acts 2002, ch. 280, § 7, effective April 9, 2002; 2012, ch. 76, § 16, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 332.040 .

165A.485. Expiration and renewal of licenses.

  1. Every license issued for the operation of a CDL driver training school shall expire on June 30 following the date of the issuance unless revoked or canceled by the commission.
  2. Before July 1 of each year, every CDL driver training school shall apply for renewal of its license. The application shall be on forms prepared and furnished by the commission.
  3. Every license issued to a CDL driver training instructor shall expire on June 30 following the date of the issuance unless revoked or canceled by the commission.
  4. Before July 1 of each year, every CDL driver training instructor shall apply for renewal of his or her license. The application shall be on forms prepared and furnished by the commission.

History. Enact. Acts 1966, ch. 63, § 5; 1968, ch. 152, § 148; 1970, ch. 92, § 88; repealed, reenact. and amend. Acts 2002, ch. 280, § 8, effective April 9, 2002; 2012, ch. 76, § 17, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 332.050 .

165A.490. Suspension or revocation of, or refusal to issue or renew, license.

The commission shall, upon receipt of satisfactory evidence, suspend, revoke, refuse to issue, or refuse to renew the license of a CDL driver training school or a CDL driver training instructor if:

  1. The licensee fails or refuses to comply with the provisions of this chapter or any administrative regulation adopted hereunder;
  2. The licensee has made a false material statement or has concealed a material fact in connection with his or her application;
  3. The licensee or any partner or other person directly interested in the CDL driver training school held a license issued under this chapter which was revoked or suspended and not reinstated;
  4. The licensee has been guilty of a fraudulent practice in attempting to obtain for himself or another a license to operate a motor vehicle; or
  5. Written notice of the cancellation of insurance required by KRS 165A.475 is received by the commission, and the licensee does not present satisfactory evidence of insurance to the secretary prior to the effective date of the cancellation.

History. Enact. Acts 1966, ch. 63, § 10; 1974, ch. 74, Art. V, § 24(2); repealed, reenact. and amend. Acts 2002, ch. 280, § 9, effective April 9, 2002; 2012, ch. 76, § 18, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 332.060 .

Legislative Research Commission Note.

(7/15/2002). The Reviser of Statutes has renumbered the subsections of this section under the authority of KRS 7.136 .

165A.495. Hearing on suspension or revocation of license — Written request — Appeal.

Any person whose license to conduct a CDL driver training school or any person whose license to give instructions in these schools has been suspended or revoked or the issue or renewal thereof is refused, may request a hearing. The request shall be in writing addressed to the commission, who shall conduct a hearing thereon as soon as possible. The hearing shall be conducted in accordance with KRS Chapter 13B. Any person may appeal from the final order of the commission in the Franklin Circuit Court in accordance with KRS Chapter 13B.

History. Enact. Acts 1966, ch. 63, § 11; 1974, ch. 74, Art. V, § 24(2); 1996, ch. 318, § 304, effective July 15, 1996; repealed, reenact. and amend. Acts 2002, ch. 280, § 10, effective April 9, 2002; 2012, ch. 76, § 19, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 332.070 .

165A.500. Records kept by schools and instructors — Retention requirements — Confidentiality.

  1. Every CDL driver training school and CDL driver training instructor shall maintain records showing the name, address, and instruction permit or operator’s license number of each person to whom instruction is given. The records shall also indicate the type of instruction given and the length of time of the instruction.
  2. The records required by this section shall be maintained in a manner identical to the retention requirements the Kentucky Community and Technical College System complies with for student records under KRS Chapter 171. The records shall also be available for inspection by the commission, but shall otherwise remain confidential.

History. Enact. Acts 1966, ch. 63, § 7; 1974, ch. 74, Art. V, § 24(2); repealed, reenact. and amend. Acts 2002, ch. 280, § 11, effective April 9, 2002; 2012, ch. 76, § 20, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 332.080 .

165A.505. Location of CDL driver training school.

A CDL driver training school shall not be located within three hundred (300) feet of any governmental building in which is carried on any function having to do with the administration of any laws relating to motor vehicles.

History. Enact. Acts 1966, ch. 63, § 9; repealed, reenact. and amend. Acts 2002, ch. 280, § 12, effective April 9, 2002.

Compiler’s Notes.

This section was formerly compiled as KRS 332.090 .

165A.510. Administrative regulations.

The commission shall promulgate administrative regulations under KRS Chapter 13A governing the following:

  1. Standards for CDL driver training school office facilities, branch office facilities, classroom facilities, and off-the-road testing facilities;
  2. Conflict of interest by persons associated with a CDL driver training school;
  3. Requirements for the testing and licensing of CDL driver training instructors, including qualifications for classroom instructors and off-the-road and on-the-road instructors;
  4. Maintenance and inspection of student instruction records, including documentation verifying the minimum course hours required under KRS 332.095 have been completed before the student is issued a release from the CDL driver training school;
  5. A schedule of fees or all charges made by the school, including but not limited to administrative fees, registration fees, fees for classroom instruction, and fees for off-the-road and on-the-road training;
  6. Contracts and agreements involving CDL driver training schools;
  7. Advertising and solicitation of students by CDL driver training schools;
  8. Inspections of commercial motor vehicles used by CDL driver training schools, including mandatory equipment and out-of-service criteria;
  9. Insurance requirements for commercial motor vehicles used by CDL driver training schools; and
  10. Procedures for the suspension, revocation, nonrenewal, and denial of an application for licensure as a CDL driver training school or licensure as a CDL driver training instructor.

History. Enact. Acts 1966, ch. 63, § 8; 1974, ch. 74, Art. V, § 24(2); repealed, reenact. and amend. Acts 2002, ch. 280, § 13, effective April 9, 2002; 2012, ch. 76, § 21, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 332.100 .

165A.515. Application of chapter.

  1. This chapter shall not apply to:
    1. Any school or educational institution which offers to full-time, regularly enrolled students as a part of its curriculum a course in driving instruction for the purposes of obtaining a Kentucky Class D driver’s license issued under KRS Chapter 186;
    2. Automobile dealers and their salesmen who give instruction without charge to purchasers of motor vehicles; or
    3. Employers who give instruction without charge to their employees.
  2. This chapter shall not apply to any college within the Kentucky Community and Technical College System which offers to part-time students a course in driver’s instruction where there is not a school licensed pursuant to this chapter in the county.

History. Repealed, reenact. and amend. Acts 2002, ch. 280, § 14, effective April 9, 2002.

Compiler’s Notes.

This section was formerly compiled as KRS 332.110 .

Penalties

165A.990. Penalties.

  1. Any person, company, firm, corporation, association, society, or partnership, or any officer or employee thereof, who shall violate the provisions of KRS 165A.310 to 165A.410 shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one hundred dollars ($100), or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment. Each day’s failure to comply with the provisions of KRS 165A.310 to 165A.410 shall be a separate violation.
  2. No note, negotiable instrument, or contract relating to payment for a course or courses of instruction shall be enforceable by any proprietary school in the courts of this state, unless said proprietary school and its agents shall have complied with the provisions of KRS 165A.310 to 165A.410 .

History. Enact. Acts 1976, ch. 363, § 11, effective July 1, 1976; 1982, ch. 31, § 9, effective July 15, 1982.

165A.992. Penalties.

Any person who violates KRS 165A.470 , 165A.480 , 165A.500 , or 165A.505 shall be fined not less than one hundred dollars ($100) nor more than three hundred dollars ($300) or be imprisoned for not less than ten (10) days nor more than thirty (30) days, or both fined and imprisoned for each offense.

History. Repealed, reenact., and amend. Acts 2002, ch. 280, § 15, effective April 9, 2002.

Compiler’s Notes.

This section was formerly compiled as KRS 332.990 .

CHAPTER 166 Institutions for Vocational and Secondary Education

166.010. West Kentucky Vocational School recognized. [Repealed.]

Compiler’s Notes.

This section (4527-59, 4527-62, 4527-62a, 4527-62c, 4527-80; amend. Acts 1952, ch. 41, § 13) was repealed by Acts 1976, ch. 327, § 8.

166.020. Functions of Kentucky State College for Negroes. [Repealed.]

Compiler’s Notes.

This section (4527-60) was repealed by Acts 1952, ch. 41, § 26.

166.030. Agriculture and mechanic arts departments at Kentucky State College; Federal fund. [Repealed.]

Compiler’s Notes.

This section (4527-61) was repealed by Acts 1952, ch. 41, § 26.

166.040. Functions of West Kentucky Vocational Training School. [Repealed.]

Compiler’s Notes.

This section (4527-62c; amend. Acts 1952, ch. 41, § 14; 1966, ch. 184, § 4) was repealed by Acts 1976, ch. 327, § 8.

166.050. Appointment and salary of school officials and employes. [Repealed.]

Compiler’s Notes.

This section (4527-66, 4527-68; amend. Acts 1952, ch. 41, § 15) was repealed by Acts 1976, ch. 327, § 8.

166.060. Removal of school officials and employes. [Repealed.]

Compiler’s Notes.

This section (4527-66, 4527-68, 4527-69; amend. Acts 1952, ch. 41, § 16) was repealed by Acts 1976, ch. 327, § 8.

166.070. Powers and duties of West Kentucky Vocational Training School president. [Repealed.]

Compiler’s Notes.

This section (4527-67; amend. Acts 1952, ch. 41, § 17) was repealed by Acts 1976, ch. 327, § 8.

166.080. Secretary and treasurer. [Repealed.]

Compiler’s Notes.

This section (4527-75, 4527-77; amend. Acts 1952, ch. 41, § 18) was repealed by Acts 1976, ch. 327, § 8.

166.090. Meetings of state board of education at vocational school. [Repealed.]

Compiler’s Notes.

This section (4527-78; amend. Acts 1952, ch. 41, § 19) was repealed by Acts 1976, ch. 327, § 8.

166.100. Acquisition and sale of property. [Repealed.]

Compiler’s Notes.

This section (4527-64, 4527-79; amend. Acts 1952, ch. 41, § 20) was repealed by Acts 1976, ch. 327, § 8.

166.110. Rules, regulations and reports. [Repealed.]

Compiler’s Notes.

This section (4527-70; amend. Acts 1952, ch. 41, § 21) was repealed by Acts 1976, ch. 327, § 8.

166.120. Departments and curricula. [Repealed.]

Compiler’s Notes.

This section (4527-62c, 4527-72; amend. Acts 1952, ch. 41, § 22) was repealed by Acts 1976, ch. 327, § 8.

166.130. Practice school. [Repealed.]

Compiler’s Notes.

This section (4527-73) was repealed by Acts 1952, ch. 41, § 26.

166.140. Suspension or expulsion of students. [Repealed.]

Compiler’s Notes.

This section (4527-71; amend. Acts 1952, ch. 41, § 23) was repealed by Acts 1976, ch. 327, § 8.

166.150. Tuition — Fees. [Repealed.]

Compiler’s Notes.

This section (4527-74; amend. Acts 1952, ch. 41, § 24; 1966, ch. 184, § 5) was repealed by Acts 1976, ch. 327, § 8.

166.160. Tuition paid in schools outside Kentucky. [Repealed.]

Compiler’s Notes.

This section (4527-81) was repealed by Acts 1966, ch. 184, § 8.

166.170. Rules concerning tuition; amount allowed. [Repealed.]

Compiler’s Notes.

This section (4527-82, 4527-83; amend. Acts 1946, ch. 67; 1948, ch. 23) was repealed by Acts 1966, ch. 184, § 8.

166.180. Lincoln Institute; conveyance to Commonwealth; operation as state school. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 135, § 1) was repealed by Acts 1952, ch. 41, § 26.

166.190. Lincoln Institute transferred to Kentucky State College; transfer of appropriations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 41, § 25) was repealed by Acts 1966, ch. 112, § 3.

Institution for Education of Economically Deprived Talented Children

166.191. Former Lincoln Institute to be secondary school for economically deprived talented children. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 112, § 1) was repealed by Acts 1970, ch. 158, § 1.

166.195. Government of school; board; members, appointment, terms, vacancies, meetings, quorum; compensation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 112, § 2(1) to (8)) was repealed by Acts 1970, ch. 158, § 1.

166.200. Entrance requirements; contract for operation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 112, § 2(9) to (11)) was repealed by Acts 1970, ch. 158, § 1.

CHAPTER 167 Education of the Physically Handicapped

167.010. School for deaf; name, nature and location of. [Repealed.]

Compiler’s Notes.

This section (273a-1, 297, 298f-1) was repealed by Acts 1960, ch. 68, Art. IV, § 6.

167.015. Management for Kentucky School for the Blind and School for the Deaf — Extramural services and programs.

  1. The Kentucky School for the Blind at Louisville, Kentucky, and the Kentucky School for the Deaf at Danville, Kentucky, shall be managed and controlled by the Kentucky Board of Education. The board shall have possession and the responsibility and authority for preservation, repair, and control of the buildings and grounds belonging to the state and dedicated to the schools. The board may, except as provided in KRS 45A.045 , sell any property held for the use and benefit of the schools, and purchase other property deemed by the board to be suitably and conveniently located, and erect buildings necessary for carrying out the purposes of the schools. The board may promulgate administrative regulations to carry into effect its powers with respect to the schools, and may require from the superintendent of the schools any reports and information it desires as to the condition of the schools.
  2. In addition to being recognized as a school providing quality, full-time educational services to students who are deaf and hard of hearing or who are blind or visually impaired, the Kentucky School for the Deaf and the Kentucky School for the Blind shall also serve as the Statewide Educational Resource Center on Deafness and as the Statewide Educational Resource Center on Blindness, respectively. They shall provide technical assistance and resource services to local school districts, parents, and other agencies or organizations serving children and youth who are deaf and hard of hearing or who are blind or visually impaired. Depending on the availability of funding, services may include, but not be limited to, assessments; consultations on curriculum; language and communication; orientation and mobility; classroom devices, including telecommunication devices for the deaf and hard of hearing and Braille for the blind and visually impaired; assistive technology; professional development; and program development and implementation. The Kentucky School for the Deaf and the Kentucky School for the Blind may enter into collaborative agreements with local school districts and other public and private agencies to provide for regional or satellite programs for children and youth who are deaf and hard of hearing or who are blind or visually impaired.

History. Enact. Acts 1960, ch. 68, Art. IV, § 1; 1966, ch. 255, § 154; 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 286, § 9, effective July 15, 1980; 1990, ch. 476, Pt. V, § 598, effective July 13, 1990; 1990, ch. 496, § 52, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1998, ch. 219, § 1, effective July 15, 1998.

Research References and Practice Aids

Cross-References.

Administrative regulations, KRS Ch. 13A.

Department for the Blind, KRS 163.450 to 163.470 .

Property and Building Commission, powers and duties, KRS 56.450 .

167.017. Appointment of superintendent of Kentucky School for the Deaf.

  1. The superintendent of the Kentucky School for the Deaf shall be appointed by the chief state school officer. The appointment shall be made upon recommendation of a search committee which shall be appointed by the Kentucky Board of Education whenever appointment of a superintendent becomes necessary.
  2. The search committee for the superintendent of the Kentucky School for the Deaf shall consist of the representative of the State Department of Education selected by the chief state school officer, one (1) representative of the Kentucky Association of the Deaf, Inc., one (1) representative of the Kentucky School for the Deaf Alumni Association, Inc., one (1) representative of the Kentucky School for the Deaf faculty, one (1) parent of a student at the Kentucky School for the Deaf, and one (1) representative of the Kentucky School for the Deaf advisory board. The search committee’s recommendation must be approved by a majority of the Kentucky Board of Education members.
  3. The superintendent of the Kentucky School for the Deaf may be removed from office by the Kentucky Board of Education only by a majority vote of the Kentucky Board of Education.

History. Enact. Acts 1982, ch. 267, § 3, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 274, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

167.020. Board of commissioners of school for deaf; membership; terms; organization and powers; quorum. [Repealed.]

Compiler’s Notes.

This section (273, 274, 280, 281; amend. Acts 1948, ch. 222, § 2) was repealed by Acts 1960, ch. 68, Art. IV, § 6.

167.025. School staff — Qualifications of superintendent. [Repealed.]

Compiler’s Notes.

This section (Acts 1960, ch. 68, Art. IV, § 2; 1978, ch. 155, § 82) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

167.030. Records and reports of board. [Repealed.]

Compiler’s Notes.

This section (278) was repealed by Acts 1960, ch. 68, Art. IV, § 6.

167.035. Kentucky School for the Blind Advisory Board.

  1. There may be established a Kentucky School for the Blind Advisory Board composed of five (5) members appointed by the Kentucky Board of Education upon recommendation by the chief state school officer for terms of four (4) years and until their successors are appointed. The board shall elect from its membership a chairman. Members of the board shall serve without compensation but shall be reimbursed for necessary expenses incurred in performance of their duties.
  2. The board shall act in an advisory capacity to assist the superintendent in conducting the activities of the school.

History. Enact. Acts 1960, ch. 68, Art. IV, § 3; 1978, ch. 155, § 82, effective June 17, 1978; June 1980, ch. 286, § 10, effective July 15, 1980; 1982, ch. 267, § 1, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 275, effective July 13, 1990; 1996, ch. 362, § 6, effective July 10, 1996.

Research References and Practice Aids

Cross-References.

Kentucky School for Deaf Advisory Board as division of Department of Education, KRS 156.010 .

167.037. Kentucky School for the Deaf Advisory Board.

  1. There shall be established a Kentucky School for the Deaf Advisory Board, composed of nine (9) members appointed by the Kentucky Board of Education upon recommendation of the chief state school officer. At the first regular meeting in each fiscal year, the board shall elect a chairman and vice chairman. A member may serve no more than two (2) consecutive years as chairman. Members shall be appointed for regular terms of four (4) years. Members of the board shall serve without compensation but shall be reimbursed for necessary expenses incurred in performance of their duties.
  2. Advisory board members for the Kentucky School for the Deaf shall be selected from nominations submitted by the Kentucky Association of the Deaf Inc., the Parent-Teacher-Cottage Parent Association, the Kentucky School for the Deaf Alumni Association Inc., the Kentucky Association of School Administrators, and the chief state school officer. Membership on the board shall be statewide and shall consist of two (2) parents of deaf children, one (1) professional in education of the deaf, one (1) former student of the Kentucky School for the Deaf, one (1) member of the Kentucky Association for the Deaf, two (2) members who shall represent school districts, and two (2) members at large. A majority of the board’s membership shall be persons who are deaf or hard of hearing.
  3. The board shall act in an advisory capacity to assist the school superintendent in conducting the activities of the school. The board shall also make recommendations to the chief state school officer concerning all areas relating to the effective operation of the school, including but not limited to:
    1. Goals and objectives,
    2. Budget requests,
    3. Student services,
    4. Public relations,
    5. Construction and maintenance, and
    6. Program evaluation.

History. Enact. Acts 1982, ch. 267, § 2, effective July 15, 1982; 1990, ch. 476, Pt. IV, § 276, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1997; 2000, ch. 204, § 3, effective July 14, 2000.

Compiler’s Notes.

The reference to State Board of Elementary and Secondary Education in this section has been changed to Kentucky Board of Education on authority of Acts 1996, ch. 362, § 6, effective July 15, 1996.

167.040. Purchase and sale of property. [Repealed.]

Compiler’s Notes.

This section (277a-1) was repealed by Acts 1960, ch. 68, Art. IV, § 6.

167.050. Donations. [Repealed.]

Compiler’s Notes.

This section (276, 277) was repealed by Acts 1960, ch. 68, Art. IV, § 6.

167.060. Control of property. [Repealed.]

Compiler’s Notes.

This section (277) was repealed by Acts 1960, ch. 68, Art. IV, § 6.

167.070. Superintendent, teachers and officers; appointment and removal of. [Repealed.]

Compiler’s Notes.

This section (280) was repealed by Acts 1960, ch. 68, Art. IV, § 6.

167.080. Black deaf; provisions concerning school for. [Repealed.]

Compiler’s Notes.

This section (282, 283, 283a) was repealed by Acts 1960, ch. 68, Art. IV, § 6.

167.090. Attendance of deaf children at school compulsory. [Repealed.]

Compiler’s Notes.

This section (298f-1, 298f-2) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

167.100. Children exempt from compulsory attendance. [Repealed.]

Compiler’s Notes.

This section (298f-2) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

167.110. False statement as to child’s age prohibited. [Repealed.]

Compiler’s Notes.

This section (298f-4) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

167.120. Failure to send child excused when schools are full. [Repealed.]

Compiler’s Notes.

This section (298f-5) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

167.130. Public schools for deaf to receive children — Exception. [Repealed.]

Compiler’s Notes.

This section (298f-8: amend. Acts 1960, ch. 68, Art. IV, § 4) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

167.140. School for blind — Management — Property. [Repealed.]

Compiler’s Notes.

This section (301, 301b, 4618-80; amend. Acts 1966, ch. 255, § 155; 1978, ch. 155, § 82) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

167.150. Admission policies, curriculum, and rules for Kentucky School for the Blind and Kentucky School for the Deaf.

The Kentucky Board of Education upon recommendation of the chief state school officer may prescribe admission policies, curriculum, and rules for the government and discipline of pupils who attend the Kentucky School for the Blind or the Kentucky School for the Deaf and fix and regulate tuition fees and terms of admission of pupils into the facilities from other states, but no charge shall be made for the admission of pupils from this state.

History. 300, 301a, 4618-80; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 286, § 11, effective July 15, 1980; 1990, ch. 476, Pt. IV, § 277, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996.

NOTES TO DECISIONS

Cited:

Eva N. v. Brock, 741 F. Supp. 626, 1990 U.S. Dist. LEXIS 8111 (E.D. Ky. 1990 ), aff’d, 943 F.2d 51, 1991 U.S. App. LEXIS 25854 (6th Cir. Ky. 1991 ).

Opinions of Attorney General.

Teachers at the Kentucky School for the Blind are protected by the tenure law set forth in KRS 161.720 to 161.810 . OAG 60-1043 .

167.160. Advisory committee for school for blind. [Repealed.]

Compiler’s Notes.

This section (4618-80; 1978, ch. 155, § 82) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

167.170. Expulsion of students.

The Kentucky Board of Education shall alone have the power to expel a pupil from the Kentucky School for the Blind or the Kentucky School for the Deaf. The board may delegate that power to a three (3) member panel of the board.

History. 305, 4618-80; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 286, § 12, effective July 15, 1980; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 599, effective July 13, 1990; 1996, ch. 13, § 1, effective July 15, 1996; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

This section (305, 4618-80; amend. Acts 1978, ch. 155, § 82, effective June 17, 1978; 1980, ch. 286, § 12, effective July 15, 1980) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 599, effective July 13, 1990.

Research References and Practice Aids

Kentucky Law Journal.

Taylor, With Temperate Rod: Maintaining Academic Order in Secondary Schools, 58 Ky. L.J. 616 (1970).

167.180. Black blind children. [Repealed.]

Compiler’s Notes.

This section (311) was repealed by Acts 1966, ch. 184, § 8.

167.190. Adult blind. [Repealed.]

Compiler’s Notes.

This section (312) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. II, § 8.

167.210. Definition of “deaf-blind children” for KRS 167.210 to 167.240.

As used in KRS 167.210 to 167.240 , unless the context otherwise requires, “deaf-blind children” are those children who are deaf or hard of hearing and have visual impairments, the combination of which causes such severe communication, developmental, and educational problems that they cannot profit satisfactorily from educational programs provided solely for the child with a visual disability or for the child with a hearing disability.

History. Enact. Acts 1962, ch. 87, § 1; 1980, ch. 286, § 13, effective July 15, 1980; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 600, effective July 13, 1990; 1992, ch. 144, § 11, effective July 14, 1992; 1994, ch. 405, § 32, effective July 15, 1994.

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 87, § 1; 1980, ch. 286, § 13, effective July 15, 1980) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 600, effective July 13, 1990.

167.220. Authority of Department of Education.

The State Department of Education is hereby authorized to expend available funds for the purpose of sending children who are deaf-blind to any facility, school, or institution, within or without the Commonwealth, which provides a qualified program of education for such children. Such funds may be spent for evaluation and diagnosis, room, board, tuition, transportation, and other items which are necessarily relevant to the education of such children.

History. Enact. Acts 1962, ch. 87, § 2; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 601, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 87, § 2) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 601, effective July 13, 1990.

Opinions of Attorney General.

In determining whether the State Department of Education can utilize a particular school to provide education for blind-deaf pupils, the criteria is not who owns and operates the school but in what manner and to what purpose is the school being conducted and if religion is part of the school program, the State Department of Education cannot utilize such a school to provide education for blind-deaf pupils. OAG 74-660 .

Although this section does not authorize a school district to contract with an approved out-of-state school for special educational services for exceptional pupils who are not blind and deaf, it may do so under KRS 157.280 . OAG 74-742 .

Research References and Practice Aids

Cross-References.

Vocational education and rehabilitation, KRS Ch. 163.

167.230. Authority of bureau of education for exceptional children. [Repealed.]

Compiler’s Notes.

This section (Acts 1962, ch. 87, § 3; 1978, ch. 155, § 82; 1978, ch. 384, § 50) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

167.240. Authority to adopt rules and regulations.

The State Department of Education is hereby authorized to adopt and promulgate such rules and regulations as it deems necessary and proper for carrying out the purposes of KRS 167.210 to 167.240 .

History. Enact. Acts 1962, ch. 87, § 4; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 602, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 87, § 4) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 602, effective July 13, 1990.

167.250. Liability insurance for drivers of motor vehicles transporting specified students.

The chief state school officer may provide liability insurance or an indemnity bond against the negligence of drivers of motor vehicles owned or operated by the Department of Education for the transportation of members of the student bodies of the Kentucky School for the Blind, the Kentucky School for the Deaf, and the Carl D. Perkins Vocational Training Center. If the transportation of members of the student bodies is let out under contract, the contract shall require the contractor to carry an indemnity bond or liability insurance against negligence in such amounts as the chief state school officer designates. In either case, the indemnity bond or insurance policy shall be issued by a surety or insurance company authorized to transact business in this state, and shall bind the company to pay any final judgment not to exceed the limits of the policy rendered against the insured for loss or damage to property of any student or other person, or death or injury of any student or other person.

History. Enact. Acts 1984, ch. 348, § 1, effective July 13, 1984; 1990, ch. 476, Pt. IV, § 278, effective July 13, 1990; 2007, ch. 45, § 2, effective June 26, 2007.

167.990. Penalties. [Repealed.]

Compiler’s Notes.

This section (298f-3, 298f-4, 298f-6; amend. Acts 1960, ch. 68, Art. IV, § 5; 1976 (Ex. Sess.), ch. 14, § 164) was repealed by Acts 1980, ch. 286, § 14, effective July 15, 1980.

CHAPTER 168 Educational Television

168.010. Declaration of purpose.

It is declared to be the legislative purpose of KRS 168.010 to 168.100 , and the public policy of the Commonwealth, that there be established, developed, and utilized in the public interest a network of educational television production and related facilities and transmission and relay stations such as will ultimately make available to students in public schools and state-supported institutions of higher education in the Commonwealth, and to any others who may choose to utilize the same, television programs and related services in aid of education, and for incidental use in other proper functions; and that the same be managed, controlled, and operated in the public interest by an independent corporate agency and instrumentality of the Commonwealth having membership such as to be representative of the general public as well as public educational bodies at all levels.

History. Enact. Acts 1962, ch. 16, § 1; 1970, ch. 204, § 1; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 603, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 16, § 1; 1970, ch. 204, § 1) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 603, effective July 13, 1990.

Research References and Practice Aids

Cross-References.

State Property and Buildings Commission, acquisition of educational television facilities, duties, KRS 56.440 , 56.550 .

Kentucky Bench & Bar.

Mitchell, Beyond McCall: Toward a Neutral Reportage Privilege in Kentucky, Volume 55, No. 1, Winter 1991 Ky. Bench & B. 32.

168.015. Legislative recognition of importance of education technology.

The General Assembly of the Commonwealth of Kentucky recognizes that technology plays an important role in enlarging and enriching the school experiences of students and is vital to an efficient system of public schools.

History. Enact. Acts 1990, ch. 476, Pt. I, § 20, effective July 13, 1990.

168.020. Definitions for KRS 168.010 to 168.100.

As used in KRS 168.010 to 168.100 , the following words and terms have the following meanings, unless in any instance, the context shall clearly indicate another meaning, in which event the context shall be controlling:

  1. “Authority” means the Kentucky Authority for Educational Television;
  2. “Board” means the Kentucky Board of Education;
  3. “Department” means the Kentucky Department of Education;
  4. “Public schools” means the state-supported schools of the elementary and secondary levels, as defined in KRS 157.320 ;
  5. “Commission” means the State Property and Buildings Commission of Kentucky;
  6. “Council” means the Council on Postsecondary Education in Kentucky;
  7. “University of Kentucky” means the University of Kentucky as one (1) entity, including its present and future extensions;
  8. “State colleges and universities” means and includes Eastern Kentucky University, Kentucky State University, Morehead State University, Murray State University, Northern Kentucky University, Western Kentucky University, and the University of Louisville, and institutions in the Kentucky Community and Technical College System;
  9. “Educational television” means and includes the production of television programs, the filming or taping thereof, the purchase or lease of filmed or taped programs produced by others, and the transmission or relaying of them for utilization:
    1. Which may be used in aid of education in the public schools and public institutions of higher education; and
    2. For limited and incidental use in furtherance of other proper public functions;
  10. “Television facilities” means and includes sites, buildings, structures, machinery, equipment, and installations, each with necessary or appropriate appurtenances, used or useful in the furtherance of educational television;
  11. “Related functions” or “related services” means and includes the use of facilities operated or leased by the authority, or which may be added or connected to such facilities as permitted by applicable statutes, and to prepare, transmit, or enable the exchange of nontelevision programs, services, or functions for and among the public schools, public institutions of higher education, and other state agencies:
    1. In aid of education; and
    2. For use in other proper public functions; provided, however, that such related functions or related services may include, but are not limited to, the following examples: computer-assisted instruction, data for teaching or administrative purposes, and educational noncommercial radio;
  12. “Related facilities” means and includes sites, buildings, structures, machinery, equipment, and installations, each with necessary or appropriate appurtenances, used or useful in the furtherance of related functions or services.

History. Enact. Acts 1962, ch. 16, § 3; 1970, ch. 204, § 3; 1972, ch. 181, § 1; 1978, ch. 155, §§ 82, 104, effective June 17, 1978; 1978, ch. 276, § 1, effective June 17, 1978; 1990, ch. 60, § 3, effective July 13, 1990; 1990, ch. 476, Pt. V, § 604, effective July 13, 1990; 1996, ch. 362, § 6, effective July 15, 1996; 1997 (1st Ex. Sess.), ch. 1, § 142, effective May 30, 1997.

168.030. Kentucky Authority for Educational Television.

An independent agency and instrumentality of the Commonwealth is hereby created and established to be known as “The Kentucky Authority for Educational Television,” the same being a public body corporate and politic, with perpetual succession, the power in its own name to contract and be contracted with, sue and be sued, to adopt and use a corporate seal, to adopt bylaws for the orderly conduct of its affairs and to alter the same from time to time, to prescribe and enforce regulations governing the use of educational television and television facilities and related functions and facilities, and generally to have and use all powers of private corporations as set forth in KRS Chapter 271B, except as the same may be inconsistent with the provisions of KRS 168.010 to 168.100 .

History. Enact. Acts 1962, ch. 16, § 2; 1970, ch. 204, § 2; 1972, ch. 274, § 147; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 605, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 16, § 2; 1970, ch. 204, § 2; 1972, ch. 274, § 147) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 605, effective July 13, 1990.

168.040. Membership of authority.

  1. The authority shall consist of nine (9) members, as follows:
  2. Effective at 11:59 p.m. on June 30, 1994, all terms of gubernatorial appointees to the authority shall expire. Effective July 1, 1994, five (5) appointees nominated pursuant to KRS 164.005 and appointed by the Governor shall become members of the authority.

The chief state school officer, ex officio, who shall initially serve as temporary chairman and shall call and preside over the organizational meeting or meetings until the members of the authority shall elect a chairman from among their number; a member of the staff or personnel of the department elected by the board upon recommendation of the chief state school officer as being qualified to serve as liaison and coordinator between the authority and the department on matters of curriculum, and his term shall be the same as that of the chief state school officer by whom he is recommended, but terminable by the board in the event he is transferred to other duties in the department, and automatically terminated in the event of his severance from the department for any reason; a representative of the University of Kentucky and a representative of the state universities to be elected by the Council on Postsecondary Education; and five (5) additional members appointed by the Governor who need possess no special or prescribed qualifications except that they shall be citizens of Kentucky.

History. Enact. Acts 1962, ch. 16, § 4 (1st par.); 1970, ch. 204, § 4; 1978, ch. 59, § 1, effective June 17, 1978; 1984, ch. 315, § 2, effective July 13, 1984; 1990, ch. 476, Pt. IV, § 279, effective July 13, 1990; 1994, ch. 91, § 2, effective March 22, 1994; 1997 (1st Ex. Sess.), ch. 1, § 143, effective May 30, 1997.

168.050. Terms of members — Vacancies — Reelection or reappointment.

  1. Effective July 1, 1994, the terms of the members other than the chief state school officer and the member appointed from the staff or personnel of the department shall be originally, two (2) members for a term of four (4) years; two (2) members for a term of three (3) years; two (2) members for a term of two (2) years; and one (1) member for a term of one (1) year, to be determined by the Governor. Thereafter the terms shall be for four (4) years.
  2. In addition to vacancies from death or resignation, vacancies shall occur upon removal of permanent residence from the Commonwealth; in the case of the elected member representing the department and the board, by change of assignment or by severance from relationship with the department or the board for any reason; and, in the cases of the members representing the University of Kentucky and the state colleges, by termination of the member’s membership on the council for any reason. Vacancies during the term of any member shall be filled for the unexpired portion of the term only; and vacancies of elected or appointed members by reason of the expiration of the term shall be for terms of four (4) years each, in the same manner as the initial election or appointment, as the case may be.
  3. Elected or appointed members shall be eligible for reelection or reappointment for any number of terms, as long as the prescribed qualifications prevail.

History. Enact. Acts 1962, ch. 16, § 4 (2nd, 3rd pars.); 1970, ch. 204, § 5; 1990, ch. 476, Pt. IV, § 280, effective July 13, 1990; 1994, ch. 91, § 3, effective March 22, 1994.

168.060. Meetings — Notice — Quorum — Organization.

  1. The authority shall meet not less frequently than quarterly, and otherwise as often as necessary for the orderly conduct of its affairs. If it sees fit to do so, it may establish in its bylaws, or by resolution, four (4) or more fixed dates for regular meetings at one (1) or more specified places, in which event any proper business may come before the authority on such occasions, and it shall not be necessary that the members be given notice thereof unless the chairman shall deem it necessary or desirable that the day, place, or hour be changed, whereupon notice to such effect shall be mailed to each member by the chairman or secretary, by ordinary first-class mail, postage prepaid, not less than one (1) week in advance. Regular meetings may be adjourned to convene again at another time and place, if the facts are shown in a motion or resolution adopted by a majority of those present and entered upon the minutes; and if such be done, the adjourned session shall constitute a continuation of the regular session without notice to absent members; but the motion or resolution of adjournment may specify that every reasonable effort be made to give such notice to absent members as time and circumstances may permit, whereupon the secretary (or in his absence the chairman or any designated member) shall make such effort and report the same and the success or failure thereof as to each member, at the occasion of the adjourned session of the regular meeting. Special meetings may be called by the chairman, vice chairman, secretary, or any two (2) members upon notice of the time, place and business to be transacted, similarly given; and special meetings may be adjourned in like manner as in the case of regular meetings, except that the matters considered shall be limited to such as are set forth in the notice of the special meeting.
  2. Any member may waive notice orally or in writing at any time before, at, or after any meeting; and the presence of a member at any meeting shall constitute a waiver of notice unless such member tenders at such meeting a written protest on the ground of want of sufficient notice.
  3. Five (5) or more members shall constitute a quorum for the transaction of business at any meeting, and a majority vote thereof shall be sufficient to transact any business properly before the meeting. Any lesser number may adjourn to reconvene at another time for failure to muster a quorum.
  4. Immediately upon receiving notice of the election or appointment of all other members, the chief state school officer shall call a meeting for organizational purposes, to be held at Frankfort, Kentucky, at a time and place set forth in a written notice mailed to each member, as set forth above. At this meeting, the chief state school officer shall preside as temporary chairman, and the authority shall elect from among the members a chairman, a vice chairman, a secretary, and a treasurer, and define the duties thereof; or it may combine the office of treasurer with any other office of the authority or with any position created pursuant to KRS 168.080 .

History. Enact. Acts 1962, ch. 16, § 5; 1964, ch. 120; 1990, ch. 476, Pt. IV, § 281, effective July 13, 1990.

168.070. Executive committee.

At such organizational meeting, or at any subsequent meeting, the authority may elect an executive committee, not less than three (3) in number, of which the chairman or vice chairman of the authority shall be a member and the presiding officer. The powers of the executive committee to transact business between meetings of the authority shall be defined, and may be limited, but it shall not be provided that actions of the executive committee within its defined powers and limitations are subject to review, or not final and binding as actions of the authority. The executive committee shall preserve minutes of its proceedings, and file a written copy thereof with the secretary at or before the next ensuing regular meeting of the authority.

History. Enact. Acts 1962, ch. 16, § 5 (5th par.); repealed and reenact., Acts 1990, ch. 476, Pt. V, § 606, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 16, § 5 (5th par.)) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 606, effective July 13, 1990.

168.080. Employees.

Subject only to availability of funds from any source, the authority may employ and prescribe the qualifications and duties of such persons as it may deem necessary to the proper performance of its purposes and functions, including an executive director to serve as the principal executive of the authority, and a chief engineer to supervise its engineering staff. Compensation shall be such as may be fixed in accordance with the standards established by the State secretary of the Personnel Cabinet, except that the compensation for those officers and employees exempt from classified services as provided in KRS 18A.115 shall be determined by the authority not to exceed the maximum established by KRS 64.640(2).

History. Enact. Acts 1962, ch. 16, § 6; 1980, ch. 98, § 2, effective July 15, 1980; 1982, ch. 52, § 4, effective July 15, 1982; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 607, effective July 13, 1990; 1998, ch. 154, § 83, effective July 15, 1998.

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 16, § 6; 1980, ch. 98, § 2, effective July 15, 1980; 1982, ch. 52, § 4, effective July 15, 1982) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 607, effective July 13, 1990.

Opinions of Attorney General.

Since under KRS 64.640 the Governor sets the compensation payable out of the State Treasury to each officer of an independent agency, the Authority for Educational Television can only recommend to the Governor the annual compensation of the agency’s chief executive. OAG 77-707 .

The statutes do not grant sole authority to Kentucky Authority for Educational Television to determine who may be exempt from KRS Chapter 18 (repealed, see KRS Chapter 18A); at most, they exclude from the commissioner of personnel’s determination of salary those positions exempted by the merit system under KRS 18.140 (now see KRS 18A.115 ); Kentucky Educational Television was not given authority to exempt other positions not so listed, nor was it given the sole right to determine the salary of nonexempted positions. OAG 80-537 .

168.090. Compensation and expenses of members.

  1. Members of the authority who are otherwise compensated by the Commonwealth on a full-time basis shall receive no additional compensation as members of the authority, or for attendance at meetings. Members who are not otherwise compensated by the Commonwealth on a full-time basis shall receive a per diem of fifty dollars ($50) for attendance at each meeting, including reasonable travel time necessarily required.
  2. All members may be reimbursed for actual travel and other proper expenses according to reasonable rules and regulations of the authority. The scope of travel shall not be limited to the confines of the Commonwealth; but may extend to any place outside the Commonwealth if specifically authorized by the authority by motion, resolution, or directive reciting the occasion, necessity, and persons authorized to travel.

History. Enact. Acts 1962, ch. 16, § 7; 1978, ch. 154, § 11, effective June 17, 1978; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 608, effective July 13, 1990.

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 16, § 7; 1978, ch. 154, § 11, effective June 17, 1978) was repealed and reenacted by Acts 1990, ch. 476, Part V, § 608, effective July 13, 1990.

Research References and Practice Aids

Cross-References.

Bonds of state officers and employees, KRS 62.170 .

168.100. Powers of authority.

The authority shall have no power of taxation, nor is it vested with the police power of the Commonwealth, except insofar as the exercise of the power of eminent domain may be deemed a part thereof. Otherwise, in general terms, it shall have and is hereby given all such constitutional powers as are necessary to its accomplishment of the purpose and implementation of the public policy set forth in KRS 168.010 . Without limiting the generality of the foregoing, but only for assurance to parties transacting business with the authority, and who may demand and be entitled to assurance, the following specific powers are hereby vested in the authority:

  1. To receive and use in the furtherance of its lawful objectives state funds as may be appropriated or allotted to it, any funds received for services rendered under contract or from the sale of property owned by it, and contributions, matching funds, gifts, bequests, and devises from any source, whether state or federal, and whether public or private; unless the same be tendered subject to one (1) or more conditions which are inconsistent with KRS 168.010 to 168.100 , or otherwise unlawful;
  2. To make contracts and agreements whereunder the authority may undertake to provide educational television facilities and related functions and facilities to or for any public body of the state or federal government in furtherance of educational television or in aid of any other public function. However, it shall be an express provision of every such contract that the authority will not undertake to transmit or relay, and will not permit any other party to transmit or relay, in the use of the authority’s television facilities, any subversive matter, any political propaganda, or any image or message in the interests of any political party or candidate for public office; or be used by, or in aid of, any church, sectarian, or denominational school; but this proviso is not intended and shall not be construed to be a limitation upon dissemination by the authority of legitimate objective instructional material which is properly related to the study of history or of current events, or which is no more than factually informative, of current issues of government, or of various political ideologies;
  3. To produce, prepare, transmit, and relay, either from life or by recording on tape or films, educational television programs and related services coordinated with the curricula prescribed or approved for the public schools of the Commonwealth by the department or the board pursuant to KRS 158.6451 ;
  4. To purchase or lease from others, or to contract with others for the use of, or the right to transmit or relay, similar educational television programs and related services, whenever in the opinion of the authority the same are suitable and cannot be produced as effectively or economically through the use of its own facilities;
  5. To purchase, lease, or otherwise acquire, and to operate, television and related facilities deemed by the authority to be necessary in the furtherance of its lawful objectives; and in this connection to acquire property by the exercise of the power of eminent domain, in the manner authorized for the Department of Highways by the Eminent Domain Act of Kentucky, whenever the same cannot be purchased, leased, or otherwise acquired at a reasonable price after reasonable negotiations with the owner or owners. In all such matters, the authority shall be subject to the provisions of KRS Chapters 45A and 56;
  6. To prescribe standards for receiving instruments which are purchased in the future for use in the public schools, in order that reception of educational television programs and related services may be acceptable and in conformity with the manner of transmission thereof; and to disseminate such standards, together with technical information with regard to installations and use of receiving instruments, to all of the public school districts, or to such as may request the same;
  7. In its discretion and within the limitation of availability of funds from any sources, to:
    1. Establish a program of matching funds as an inducement to public school districts to purchase and install proper facilities for receiving and utilizing educational television programs and related services, especially in situations where by reason of topographical difficulties of reception, special antennas, or other equipment may be required, and
    2. If so requested by the boards of education of a sufficient number of public school districts, to purchase through the Finance and Administration Cabinet, subject to the provisions of KRS Chapter 45A, receiving instruments on their behalf on a wholesale basis for the purposes of economy, any such purchases to be on a public competitive basis after due advertisement according to law, but restricted to such receiving instruments as meet the standards prescribed by the authority.

History. Enact. Acts 1962, ch. 16, § 8; 1970, ch. 204, § 6; 1974, ch. 74, Art. II, § 9(1); 1974, ch. 74, Art. IV, § 20(1); 1976, ch. 140, § 73; 1990, ch. 476, Pt. I, § 24, effective July 13, 1990; 1990, ch. 496, § 53, effective July 13, 1990.

Legislative Research Commission Note.

(7/13/90). This section was amended by two 1990 Acts which do not appear to be in conflict and have been compiled together.

Opinions of Attorney General.

A private college could not legally be permitted to erect an FM antenna on a tower built as an educational television facility. OAG 71-354 .

KRS 168.010 to 168.100 expressly prohibit educational television facilities from being used in any way by or in aid of any church, sectarian or denominational school. OAG 71-354 .

KRS 168.100(2) and 156.070 restrict the furnishing of educational television facilities and related functions and facilities to and for public bodies of state and federal government. OAG 71-354 .

An employee of the Kentucky Authority for Educational Television under the state merit system who receives no profit from her work other than her regular salary may legally become a candidate for and serve, if elected, as a member of the local school board and at the same time retain her employment with the Kentucky Authority for Educational Television. OAG 76-394 .

If this section was interpreted to prohibit Kentucky Educational Television from providing time for legally qualified candidates for public office it would conflict with the Federal Communications Act of 1934. OAG 79-465 .

No provisions of state law prohibit Kentucky Educational Television (KET) from providing time for political candidates in programs produced, purchased or leased by KET for general broadcast purposes. OAG 79-465 .

Subsection (2) of this section purports to proscribe the broadcast of, among other things, “political propaganda” or “any image or message in the interests of any political party or candidate for public office,” only where such material is broadcast pursuant to a contract or agreement to provide educational television services or facilities “to or for any public body of the state or federal governments,” and if the authority chooses to produce programming presenting political candidates not pursuant to any such contract or agreement, the statutory prohibition would be inapplicable. OAG 79-465 .

The “political broadcast” limitation of subsection (2) of this section was imposed to protect the authority from any pressure to broadcast presentations of political candidates at the request of legislative or other governmental bodies, and was not designed to restrict its discretion in the production and selection of programming not broadcast under such an arrangement. OAG 79-465 .

The legislative intent is that the Kentucky Authority for Educational Television is the state agency charged with operating the educational television network, and should be the licensee for the television transmitters; accordingly, licenses issued to the State Board of Education could be transferred to the Authority either by joint or separate resolutions of the boards or by executive order. OAG 80-511 .

The decision to rent space on a tower belonging to the authority should be decided on the principles of good business. OAG 83-85 .

There is no constitutional or statutory impediment against the authority renting tower space for fair market value to a religious organization since such a business transaction is neutral as to the purposes of the private organization which is the lessee and does not involve the issue of separation of church and state. OAG 83-85 .

Under this section, the use of state funds appropriated for educational purpose may be applied by Kentucky Educational Television only for the benefit of public or common schools in order to avoid violation of Const., §§ 171, 184, 186, and 189. Accordingly, KET is required to charge nonstate schools, whether private and nonsectarian or parochial, for services delivered in the process of returning student responses to the KET master computer. OAG 91-71 .

Research References and Practice Aids

Cross-References.

Disposition of private funds and contributions to state agencies, KRS 41.290 .

Eminent Domain Act of Kentucky, KRS 416.540 to 416.680 .

State Board of Education may acquire facilities for educational television, KRS 156.070 .