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. [Repealed]

History. Enact. Acts 1990, ch. 476, Pt. II, § 44, effective July 13, 1990; repealed by 2021 ch. 26, § 12, effective June 29, 2021.

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 ensure, 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 Department of Education 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 ensure 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; 2021 ch. 26, § 4, effective June 29, 2021.

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) voting members appointed by the Governor and confirmed by the Senate of the General Assembly, with the president of the Council on Postsecondary Education and the secretary of the Education and Workforce Development Cabinet serving as ex officio nonvoting members, and an active public elementary or secondary school teacher and a public high school student appointed by the board as described in subsection (3) of this section serving as nonvoting members. Seven (7) voting members shall represent each of the Supreme Court districts as established by KRS 21A.010 , and four (4) voting members shall represent the state at large. Each of the voting 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 for confirmation in accordance with KRS 11.160 .
  2. Appointments of the voting members shall be made without reference to occupation. No voting member at the time of his or her appointment or during the term of his or her service shall be engaged as a professional educator. Beginning with voting members appointed on or after June 29, 2021, appointments to the group of members representing Supreme Court districts and to the group of at-large members, respectively, shall reflect equal representation of the two (2) sexes, inasmuch as possible; reflect 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 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 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. Pursuant to KRS 63.080 , a member shall not be removed except for cause or, beginning with voting members appointed on or after June 29, 2021, in accordance with KRS 63.080 (3). Notwithstanding KRS 12.028 , the board shall not be subject to reorganization by the Governor.
  3. The nonvoting teacher and student members shall be selected by the board from the state’s six (6) congressional districts on a rotating basis from different districts. The public high school student shall be classified as a junior at the time of appointment. The teacher and student members shall serve for a one (1) year term, except the initial appointments shall serve a term which shall expire on April 14, 2022. The board shall promulgate an administrative regulation establishing the process for selecting the nonvoting teacher and student members.
  4. A vacancy in the voting membership of the board shall be filled by the Governor for the unexpired term with the consent of the Senate. In the event that the General Assembly is not in session at the time of the appointment, the consent of the Senate shall be obtained during the time the General Assembly next convenes.
  5. At the first regular meeting of the board in each fiscal year, a chairperson shall be elected from its voting membership.
  6. The members shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.
  7. The commissioner of education shall serve as the executive secretary to the board.
  8. 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; 2021 ch. 178, § 1, effective June 29, 2021.

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.

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; 2021 ch. 178, § 2, effective June 29, 2021.

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 .

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.
    6. Any student who transfers enrollment from a district of residence to a nonresident district under KRS 157.350(4)(b) shall be ineligible to participate in interscholastic athletics for one (1) calendar year from the date of the transfer.
    7. No member school shall grant a student athlete the right to use the member school’s intellectual property, such as trademarks, school uniforms, and copyrights, in the student’s earning of compensation through name, image, and likeness activities. No student athlete shall use such intellectual property in earning compensation through name, image, and likeness activities. The state board or any agency designated by the state board to manage interscholastic athletics shall promulgate administrative regulations to govern and enforce 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 or her 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; 2021 ch. 167, § 3, effective June 29, 2021; 2022 ch. 12, § 8, effective March 9, 2022.

Legislative Research Commission Notes.

(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.

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, 2021 Ky. Acts ch. 169, Pt. I, C, 3, (11) at 1082.

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

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.

      The department may provide assessment centers regionally.

  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.

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 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 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 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; 2021 ch. 144, § 1, effective June 29, 2021.

NOTES TO DECISIONS

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 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; 2021 ch. 144, § 2, effective June 29, 2021.

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.

    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.

  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.

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 158.6451 . 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 158.645 3 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 department’s technical advisory committee to be valid and reliable at the individual level shall be included on the student transcript. The department’s technical advisory committee 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; 2021 ch. 79, § 2, effective June 29, 2021.

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.

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.

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.

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.

        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;

    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.

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, 2021 Ky. Acts ch. 169, Pt. I, C, 3, (11) at 1082.

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, 2021 Ky. Acts ch. 169, Pt. I, C, 3, (11) at 1082.

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.

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.

ARTICLE II.

Definitions

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

  1. “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;
  2. “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;
  3. “Compact commissioner” means the voting representative of each compacting state appointed pursuant to Article VIII of this compact;
  4. “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;
  5. “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;
  6. “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;
  7. “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”;
  8. “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.

ARTICLE III.

Applicability

  1. 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.
  2. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.
  3. The provisions of this compact shall not apply to the children of:
    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. 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.

ARTICLE IV.

Educational Records and Enrollment

  1. 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.
  2. 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.
  3. 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.
  4. 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.

ARTICLE V.

Placement and Attendance

  1. 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).
  2. 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).

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

  3. 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.
  4. 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.
  5. 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.

ARTICLE VI.

Eligibility

  1. 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.
  2. 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.

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:

  1. 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.
  2. 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.

      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.

  3. 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.

ARTICLE VIII.

State Coordination

  1. 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;
    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. One representative from the executive branch of government; and
    6. Other offices and stakeholder groups the State Council deems appropriate.

      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.

  2. 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.
  3. 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.
  4. 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.

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. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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;
    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. Specifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding.
  8. 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.
  9. 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.
  10. 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.

ARTICLE X.

Powers and Duties of the Interstate Commission

The Interstate Commission shall have the following powers:

  1. To provide for dispute resolution among member states;
  2. 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;
  3. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions;
  4. 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;
  5. To establish and maintain offices which shall be located within one or more of the member states;
  6. To purchase and maintain insurance and bonds;
  7. To borrow, accept, hire, or contract for services of personnel;
  8. 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;
  9. 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;
  10. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of them;
  11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, whether real, personal, or mixed;
  12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed;
  13. To establish a budget and make expenditures;
  14. To adopt a seal and bylaws governing the management and operation of the Interstate Commission;
  15. 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;
  16. To coordinate education, training and public awareness regarding the compact, its implementation, and operation for officials and parents involved in such activity;
  17. To establish uniform standards for the reporting, collecting, and exchanging of data;
  18. To maintain corporate books and records in accordance with the bylaws;
  19. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact; and
  20. To provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.

ARTICLE XI.

Organization and Operation of the Interstate Commission

  1. 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.
  2. 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.
  3. 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:
      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.
  4. 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.

ARTICLE XII.

Rulemaking Functions of the Interstate Commission

  1. 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.
  2. 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.
  3. 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.
  4. 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.

ARTICLE XIII.

Oversight, Enforcement, and Dispute Resolution

  1. 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.
  2. 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.
    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.
  3. 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.
  4. 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.

ARTICLE XIV.

Financing of the Interstate Commission

  1. The Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
  2. 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.
  3. 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.
  4. 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.

ARTICLE XV.

Member States, Effective Date, and Amendment

  1. Any state is eligible to become a member state.
  2. 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.
  3. 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.

ARTICLE XVI.

Withdrawal and Dissolution

  1. 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.
  2. 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.

ARTICLE XVII.

Severability and Construction

  1. 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.
  2. The provisions of this compact shall be liberally construed to effectuate its purposes.
  3. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

ARTICLE XVIII.

Binding Effect of Compact and Other Laws

  1. 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.
  2. 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.
    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, 2021 Ky. Acts ch. 169, Pt. IV, 2 at 1155.

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 commissioner of 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; 2021 ch. 26, § 5, effective June 29, 2021.

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.

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. (1) (a) 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. Beginning March 18, 2021, if a state-operated secondary vocational education and technology center serves more than one (1) school district, any agreement under paragraph (a) of this subsection shall require the local board to continue to serve the additional school district or districts through a memorandum of understanding. The executed memorandum of understanding shall be submitted to the commissioner of education at the same time as the request to assume authority for management and control of the state-operated secondary vocational education and technology center.
  1. 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, except as provided in subsection (5) of this section, 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, except as provided in subsection (5) of this section. 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.
  2. 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.
  3. 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.
  4. A certified employee who has earned continuing status in the state certified personnel system under KRS 156.800 to 156.860 shall be granted a continuing service contract as defined in KRS 161.720 upon transfer to a local board of education under subsection (1) of this section. A principal who has earned continuing status prior to transfer shall be granted a continuing service contract, but the provisions relating to demotion of the principal under KRS 161.765 shall apply. A classified employee who has four (4) years of continuous active service in the state certified personnel system under KRS 156.800 to 156.860 at the time of transfer shall be offered an employment contract at the time of transfer that shall be considered a continuing service contract as defined in KRS 161.720 for a minimum of five (5) complete school terms.
  5. 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.
  6. 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; 2021 ch. 40, § 2, effective March 18, 2021.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2021 Ky. Acts ch. 169, Pt. I, C, 3, (13) at 1091.

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.

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 — Management and control of state-operated secondary vocational education and technology center by local board in certain fiscal years.

  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.
    1. Except as described in subsection (5) of this section, the Kentucky Department of Education shall distribute all general funds designated for locally operated secondary area centers and vocational departments which received state supplemental funds in fiscal year 2020-2021 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 (b) to (d) of this subsection. Programs in Categories III and II shall be eligible for funding. (2) (a) Except as described in subsection (5) of this section, the Kentucky Department of Education shall distribute all general funds designated for locally operated secondary area centers and vocational departments which received state supplemental funds in fiscal year 2020-2021 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 (b) to (d) of this subsection. Programs in Categories III and II shall be eligible for funding.
    2. 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.
    3. 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.
    4. 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.
    5. Notwithstanding subsection (1)(a) and (b) 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.
  2. 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 multiplied 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.
  3. If a local board of education assumes authority for the management and control of a state-operated secondary vocational education and technology center for the 2020-2021, 2021-2022, or 2022-2023 academic year and notifies the Kentucky Department of Education of the planned transfer on or before December 31, 2021:
    1. For the first year under the management and control of the local board of education, the locally operated center shall receive funding in an amount equal to one hundred percent (100%) of the annual state general fund appropriation allocated to the center for on-site direct costs for the most recent fiscal year under state management and control, including any amount allocated directly to the local district for use of district-owned facilities;
    2. For each fiscal year thereafter, the center shall receive seventy-five percent (75%) of the amount allocated to it under paragraph (a) of this subsection;
    3. The remaining twenty-five percent (25%) of funds previously allocated to a center as described in paragraph (b) of this subsection shall annually be allocated, in accordance with the formula described in subsection (2) of this section, to locally operated secondary area centers and vocational departments that did not receive state supplemental funds under subsection (2) of this section and were not otherwise appropriated funds by the General Assembly for the current fiscal year;
    4. If no locally operated secondary area centers and vocational departments are eligible for funding under paragraph (c) of this subsection, the remaining twenty-five percent (25%) of funds shall be allocated, in accordance with the formula described in subsection (2) of this section, to all locally operated secondary area centers and vocational departments that received funds for the current fiscal year; and
    5. Locally operated centers described in paragraph (a) or (b) of this subsection shall not receive additional funds under paragraph (d) of this subsection.

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; 2021 ch. 40, § 1, effective March 18, 2021.

Legislative Research Commission Notes.

(3/18/2021). Under the authority of KRS 7.136(1), the Reviser of Statutes has altered the format of the text and corresponding internal references in subsection (2) of this statute during codification. The words in the text were not changed.

(3/18/2021). 2021 Ky. Acts ch. 40, sec. 3 provides: “Whereas Section 1(5) of this Act [subsection (5) of this statute] codifies previously non-codified actions of the General Assembly set forth in [2020] Ky. Acts ch. 92, Section 1(5) of this Act [subsection (5) of this statute] shall be retroactive to April 15, 2020.”

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2021 Ky. Acts ch. 169, Pt. I, C, 3, (8) at 1081.

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.

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.

        The term shall include both deaf and hard of hearing children;

    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.

        The term does not include a brain injury that is congenital or degenerative, or a brain injury induced by birth trauma;

    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.

        The term does not include children with characteristics of an emotional-behavioral disability; and

    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 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.

      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.

  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. Local school districts may develop cooperative arrangements with other school districts or organizations in accordance with KRS 157.280 .
  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.

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. Until July 1, 2022, pupils listed under a written agreement, which may be for multiple years, with the district of the pupils’ legal residence. (a) 1. Until July 1, 2022, 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;
    1. Beginning July 1, 2022, those nonresident pupils admitted pursuant to district nonresident pupil policies adopted under KRS 158.120 ; and
    2. 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. 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 ;
  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.

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; 2021 ch. 167, § 1, effective June 29, 2021.

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.

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 nonresid