Kentucky Revised Statutes, Chapter 158 — Conduct of Schools -- Special Programs

Title XIII — Education

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-08-31.

Title XIII Education

Chapter 158 Conduct of Schools -- Special Programs

158.005 Definition of "character education."

As used in KRS Chapters 156 and 158, unless the context requires otherwise, "character education" means instructional strategies and curricula that:

(1) Instill and promote core values and qualities of good character in students including altruism, citizenship, courtesy, honesty, human worth, justice, knowledge, respect, responsibility, and self-discipline;

(2) Reflect the values of parents, teachers, and local communities; and

(3) Improve the ability of students to make moral and ethical decisions in their lives.

Effective: July 14, 2000

History: Created 2000 Ky. Acts ch. 162, sec. 1, effective July 14, 2000.

158.007 Definitions for chapter.

As used in KRS Chapter 158 unless the context requires otherwise:

(1) "Advanced placement" or "AP" means a college-level course that incorporates all topics and instructional strategies specified by the College Board on its standard syllabus for a given subject area and is licensed by the College Board.

(2) "Advanced science and mathematics" means Advanced Placement or AP biology, calculus, chemistry, computer science, environmental science, and physics, and International Baccalaureate or IB biology, chemistry, computer science, environmental systems, mathematical studies, further mathematics, and physics.

(3) "Board" means the Kentucky Board of Education.

(4) "College Board Advanced Placement examination" means the advanced placement test administered by the College Entrance Examination Board.

(5) "College Board" means the College Entrance Examination Board, a national nonprofit association that provides college admission guidance and advanced placement examinations.

(6) "Core curriculum" means at least one (1) course in science, one (1) course in mathematics, and at least one (1) course in two (2) of the following subject areas: English, social studies, foreign language, and the arts.

(7) "Department" means the Kentucky Department of Education.

(8) "Dual credit" means a college-level course of study developed in accordance with KRS 164.098 in which a high school student receives credit from both the high school and postsecondary institution in which the student is enrolled upon completion of a single class or designated program of study.

(9) "Dual enrollment" means a college-level course of study developed in accordance with KRS 164.098 in which a student is enrolled in a high school and postsecondary institution simultaneously.

(10) "International Baccalaureate" or "IB" means the International Baccalaureate Organization's Diploma Programme, a comprehensive two (2) year program designed for highly motivated students.

(11) "Kentucky Virtual High School" means secondary-level instructional programs or courses offered by the Kentucky Department of Education through the Internet and other on-line, computer-based methods.

(12) "Kentucky Virtual University" means a college-level instructional program offered by the Council on Postsecondary Education through the Internet or other on-line, computer-based methods.

Effective: July 15, 2008

History: Amended 2008 Ky. Acts ch. 134, sec. 15, effective July 15, 2008. -- Created 2002 Ky. Acts ch. 97, sec. 1, effective July 15, 2002.

Conduct of Schools Conduct of Schools

158.010 Uniform school system to be maintained -- Variations.

(1) A uniform system of common schools shall be maintained in Kentucky.

(2) Local school districts may, with approval of local boards of education, provide special programs and services to one (1) or more areas of the district in contrast to other areas where the variation is a reasonable one based on an attempt to equalize the education progress of the students within the district.

Effective: July 13, 1990

History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 396, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 19, sec. 1, effective June 17, 1978. -- Amended 1972 Ky. Acts ch. 254, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-1.

Legislative Research Commission Note. 1988 Acts, chapter 172, sec. 1, provides that each public elementary and secondary school classroom in the Commonwealth of Kentucky prominently display a copy of the Bill of Rights, embodying the individual liberties safeguarded in the Constitution of the United States.

158.020 Repealed, 1966.

[Repealed]

158.021 Repealed, 1966.

[Repealed]

158.025 Repealed, 1966.

[Repealed]

158.030 "Common school" defined -- Attendance at public school and primary school program -- Advancement without regard to age -- Local boards to adopt policy establishing petition and evaluation process for students who do not meet age requirements.

(1) "Common school" means an elementary or secondary school of the state supported in whole or in part by public taxation. No school shall be deemed a "common school" or receive support from public taxation unless the school is taught by a certified teacher for a minimum school term as defined by KRS 158.070 and every child residing in the district who satisfies the age requirements of this section has had the privilege of attending it. Provided, however, that any child who is six (6) years of age, or who may become six (6) years of age by October 1, shall attend public school or qualify for an exemption as provided by KRS 159.030. Any child who is five (5) years of age, or who may become five (5) years of age by October 1, may enter a primary school program, as defined in KRS 158.031, and may advance through the primary program without regard to age in accordance with KRS 158.031(6).

(2) Beginning with the 2017-2018 school year, any child who is six (6) years of age, or who may become six (6) years of age by August 1, shall attend public school or qualify for an exemption as provided by KRS 159.030. Any child who is five (5) years of age, or who may become five (5) years of age by August 1, may enter a primary school program, as defined in KRS 158.031, and may advance through the primary program without regard to age in accordance with KRS 158.031(6).

(3) Each local school board shall adopt a policy to permit a parent or guardian to petition the board to allow a student to attend public school who does not meet the age requirements of subsection (1) or (2) of this section. The policy shall include an evaluation process that will help determine a student's readiness for school and shall ensure that any tuition amount charged under this policy is the same amount charged to a student who meets the age requirements of subsection (1) or (2) of this section. Students enrolled under this policy shall be included in a school's average daily attendance for purposes of funding as provided in KRS 157.310 to 157.440.

Effective: June 24, 2015

History: Amended 2015 Ky. Acts ch. 62, sec. 1, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 123, sec. 1, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 20, sec. 2, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 434, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. I, sec. 25, July 13, 1990. -- Amended 1988 Ky. Acts ch. 33, sec. 2, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 367, sec. 5, effective July 13, 1984; and ch. 397, sec. 7, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 306, sec. 2, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 136, sec. 2, effective July 1, 1979. -- Amended 1972 Ky. Acts ch. 151, sec. 4. -- Amended 1962 Ky. Acts ch. 74, sec. 1. -- Amended 1952 Ky. Acts ch. 145, sec. 1. -- Amended 1950 Ky. Acts ch. 108, sec. 1. -- Amended 1946 Ky. Acts ch. 155, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-2.

158.031 Primary school program -- Authority for administrative regulations -- Attributes -- Part time attendance -- Grouping -- Advancement -- Reporting requirements.

(1) In this section, "primary school program" means that part of the elementary school program in which children are enrolled from the time they begin school until they are ready to enter the fourth grade. Notwithstanding any statute to the contrary, successful completion of the primary school program shall be a prerequisite for a child's entrance into fourth grade.

(2) The Kentucky Board of Education shall establish, by administrative regulation, methods of verifying successful completion of the primary school program in carrying out the goals of education as described in KRS 158.6451.

(3) The primary program shall include the following critical attributes: developmentally appropriate educational practices; multiage and multiability classrooms; continuous progress; authentic assessment; qualitative reporting methods; professional teamwork; and positive parent involvement.

(4) Each school council or, if none exists, the school shall determine the organization of its ungraded primary program including the extent to which multiage groups are necessary to implement the critical attributes based on the critical attributes and meeting individual student needs.

(5) The implementation of the primary program may take into consideration the necessary arrangements required for students attending part-time and will allow for grouping of students attending their first year of school when determined to be developmentally appropriate.

(6) A school district may advance a student through the primary program when it is determined that it is in the best educational interest of the student. A student who is at least five (5) years of age, but less than six (6) years of age, and is advanced in the primary program may be classified as other than a kindergarten student for purposes of funding under KRS 157.310 to 157.440 if the student is determined to have acquired the academic and social skills taught in kindergarten as determined by local board policy in accordance with the process established by Kentucky Board of Education administrative regulation.

(7) Data shall be collected by each school district on the number of students, in each school having a primary program, who take five (5) years to complete the primary program. The data shall be reported in the annual performance report described in KRS 158.6453.

Effective: July 12, 2006

History: Amended 2006 Ky. Acts ch. 20, sec. 1, effective July 12, 2006. -- Created 1998 Ky. Acts ch. 434, sec. 1, effective July 15, 1998.

158.032 Flagging record of missing child -- Procedure upon recovery -- Documents required upon enrollment or transfer.

(1) Upon notification by the commissioner of education of a child's disappearance, any school in which the child is currently or was previously enrolled shall flag the record of the child so that when a copy of or information regarding the child's record is requested, the school shall be alerted that the record is that of a missing child. The school shall immediately report to local law enforcement or the Department of Kentucky State Police any request concerning flagged records or any knowledge as to the whereabouts of any missing child.

(2) Upon notification by the commissioner of education of any missing child who has been recovered, the school shall remove the flag from the child's record.

(3) Upon enrollment of a student for the first time in any elementary or secondary school, the school shall notify in writing the person enrolling the student that within thirty (30) days the person shall provide either:

(a) A certified copy of the student's birth certificate; or

(b) Other reliable proof of the student's identity and age, and an affidavit of the inability to produce a copy of the birth certificate.

(4) Upon the failure of a person enrolling the student to comply with this section, the school shall notify the person in writing that unless he complies within ten (10) days the case shall be referred to the Department of Kentucky State Police or local law enforcement officials for investigation. If compliance is not obtained within the ten

(10) day period, the school shall so refer the case.

(5) Within fourteen (14) days after enrolling a transfer student, each elementary or secondary school shall request directly from the student's previous school a certified copy of the student's record. Any school receiving a request of a student's record which has been flagged as the record of a missing child shall not forward the student's record but shall instead notify local law enforcement or the Department of Kentucky State Police.

Effective: June 26, 2007

History: Amended 2007 Ky. Acts ch. 85, sec. 166, effective June 26, 2007. -- Amended 2003 Ky. Acts ch. 39, sec. 3, effective June 24, 2003. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 196, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 72, sec. 3, effective July 15, 1986.

158.033 Instruction in student's home or hospital -- Signed statement of diagnosed condition -- Student may receive home or hospital instruction effective on day of admittance -- Calculation of instructional sessions for purposes of KRS 157.360 -- Students with disabilities -- Administrative regulations.

(1) If in any district there are students not able even with the help of transportation to be assembled in a school, instruction shall be provided to the student in the student's home or in a hospital.

(2) For a student to be eligible for home or hospital instruction, a signed statement of the diagnosed condition requiring home or hospital instruction shall be provided in accordance with KRS 159.030(2).

(3) For a student admitted to an inpatient facility, the student may receive home or hospital instruction effective on the day of admittance. Nothing in this subsection shall exempt a board of education from the documentation requirements of KRS 159.030(2)(a).

(4) For the purposes of KRS 157.360, a student instructed under this section who receives a minimum of two (2) instructional sessions a week with a minimum of one (1) hour of instruction per session by a certified teacher provided by the board of education shall equal the student attending five (5) days in school.

(5) For students with disabilities, the admissions and release committee shall be responsible for placement decisions regarding home or hospital instruction in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq. The home or hospital instruction shall be provided pursuant to the individual education program as determined by the admissions and release committee. For the purposes of KRS 157.360, students receiving home or hospital instruction under this subsection may be counted in attendance in accordance with subsection (4) of this section.

(6) The Kentucky Board of Education shall promulgate administrative regulations to establish the components of home or hospital instruction.

(7) An instructional session may be delivered in person, electronically, or through other means established in regulation.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 27, sec. 1, effective June 27, 2025. -- Repealed and reenacted 2020 Ky. Acts ch. 104, sec. 1, effective July 15, 2020. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 380, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 111, sec. 178, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 293, sec. 1. -- Amended 1962 Ky. Acts ch. 169, sec. 7. -- Created 1948 Ky. Acts ch. 4, sec. 8. Formerly codified as KRS157.270.

158.035 Certificate of immunization.

Except as provided in KRS 214.036, no child shall be eligible to enroll as a student in any public or private elementary or secondary school without first presenting a certificate from a medical physician, osteopathic physician, or advanced practice registered nurse licensed in any state. The certificate shall state that the child has been immunized against diphtheria, tetanus, poliomyelitis, rubeola, and rubella in accordance with the provisions of this section and KRS 214.010, 214.020, 214.032 to 214.036, and 214.990 and the administrative regulations of the secretary for health and family services. The governing body of private and public schools shall enforce the provisions of this section.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 85, sec. 69, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 130, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 113, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 197, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 436, sec. 1, effective July 15, 1988. -- Amended 1976 Ky. Acts ch. 14, sec. 2. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1). -- Amended 1972 Ky. Acts ch. 341, sec. 1. -- Amended 1968 Ky. Acts ch. 87, sec. 3. -- Created 1962 Ky. Acts ch. 95, sec 3.

158.036 Repealed, 1988.

[Repealed]

158.037 Report of immunization results.

Each public or private elementary or secondary school shall report immunization results to its local health department in accordance with regulations promulgated by the Cabinet for Health and Family Services.

Effective: June 20, 2005

History: Amended 2005 Ky. Acts ch. 99, sec. 131, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 302, sec. 2, effective July 15, 1998; and ch. 426, sec. 114, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 198, effective July 13, 1990. -- Created 1976 Ky. Acts ch. 128, sec. 2.

158.038 Student identification badges must contain hotline number contact information relating to domestic violence, sexual assault, and suicide prevention -- Recommendation required of Cabinet for Health and Family Services.

(1) Beginning August 1, 2020, any student identification badge issued to a student in grades six (6) through twelve (12) by a public school shall contain the contact information for:

(a) A national domestic violence hotline;

(b) A national sexual assault hotline; and

(c) A national suicide prevention hotline.

(2) The requirements of subsection (1) of this section shall apply to public charter schools as a health and safety requirement under KRS 160.1592(1).

(3) By July 20, 2020, the Cabinet for Health and Family Services shall publish recommendations for at least one (1) national hotline accessible twenty-four (24) hours a day, seven (7) days a week, and three hundred sixty-five (365) days a year that specializes in each of the hotline categories required by subsection (1) of this section.

Effective: July 15, 2020

History: Created 2020 Ky. Acts ch. 54, sec. 1, effective July 15, 2020.

158.039 Suicide prevention awareness information and lessons.

(1) The Cabinet for Health and Family Services shall post on its website high-quality, evidence-based suicide prevention awareness information, which shall include information on recognizing the warning signs of a suicide crisis. The website 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) Every public school and public charter school shall provide two (2) high quality, evidence-based suicide prevention awareness lessons each school year, the first by September 15 and the second by January 15, either in person, by live streaming, or via a video recording to all students in grades six (6) through twelve (12). Every public school shall provide an opportunity for any student absent on the day the high quality, evidence-based suicide prevention awareness lesson was initially presented to receive the lesson at a later time. The information may be obtained from the Cabinet for Health and Family Services or from a commercially developed suicide prevention training program.

Effective: June 27, 2025

History: Created 2025 Ky. Acts ch. 145, sec. 5, effective June 27, 2025.

Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 145, sec. 14, provides that the Act, which created this section and KRS 158.041, and amended KRS 156.070, 156.095, 156.492, 156.557, 157.360, 158.060, 158.070, 158.4416, and 161.031, may be cited as the Red Tape Reduction Act.

158.040 Repealed, 1946.

[Repealed]

158.041 Display of child abuse, human trafficking, and safe haven baby box hotline numbers in schools.

Every public school shall prominently display the statewide child abuse hotline number administered by the Cabinet for Health and Family Services, the National Human Trafficking Hotline number administered by the United States Department of Health and Human Services, and the Safe Haven Baby Boxes Crisis Line number administered by the Safe Haven Baby Boxes national organization or any equivalent successor entity. The requirements of this section shall also apply to public charter schools as a health and safety requirement under KRS 160.1592(1).

Effective: June 27, 2025

History: Created 2025 Ky. Acts ch. 145, sec. 4, effective June 27, 2025.

Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 145, sec. 14, provides that the Act, which created this section and KRS 158.039, and amended KRS 156.070, 156.095, 156.492, 156.557, 157.360, 158.060, 158.070, 158.4416, and 161.031, may be cited as the Red Tape Reduction Act.

158.050 School year.

The school year shall begin on July 1 and end on June 30.

Effective: July 13, 1990

History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 397, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-3.

158.060 Access to teacher employment contract -- School month and school day -- Duty-free lunch period -- Nonteaching time for teachers.

(1) Each teacher shall be provided access to a copy of his or her employment contract upon request.

(2) Twenty (20) school days, or days in which teachers are actually employed in the schoolroom, shall constitute a school month in the common schools.

(3) Each full-time teacher shall be provided with a duty-free lunch period each day during the regularly scheduled student lunch period. The duty-free lunch period shall be not less than the length of the lunch period specified in the school calendar approved by the chief state school officer. A full-time teacher may be assigned to lunch room duty during the regularly scheduled student lunch period only for an amount of time equal to the noninstructional time in excess of fifty-five (55) minutes included in the teacher's daily schedule. The calculation of noninstructional time shall not include the teacher's duty-free lunch period, the time teachers are required to be at school prior to the start of the student's instructional day, or the time teachers are required to remain at school after the students are dismissed.

(4) Except for children with disabilities and children attending the primary school program who may attend a program of less than six (6) hours per day under policy adopted by the local school district board of education and approved by the commissioner of education and children attending a school district where the local board has approved a schedule that provides at least the equivalent of six (6) hours of daily instruction during the school year, a minimum of six (6) hours of actual school work shall constitute a school day. Kindergarten programs may be operated for less than six (6) hours without state board approval. The Kentucky Board of Education, upon recommendation of the chief state school officer, shall develop and approve regulations governing make up by school districts of whole days missed due to emergencies, or partial days missed as a result of shortening regularly scheduled school days due to emergencies.

(5) Teachers shall be provided additional time for nonteaching activities. The nonteaching time shall be used to provide teachers opportunities for professional development activities as provided in KRS 156.095, instructional planning, school- based decision making as provided in KRS 160.345, curriculum development, and outreach activities involving their students' families and the community.

(6) Character education programs and activities shall be considered valuable and legitimate components of the actual school work constituting a school day under subsection (4) of this section.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 145, sec. 2, effective June 27, 2025. -- Amended 2000 Ky. Acts ch. 162, sec. 5, effective July 14, 2000; and ch. 261, sec. 3, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 20, sec. 1, effective July 15, 1996; ch. 195, sec. 24, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 6, sec. 2, effective July 15, 1994; ch. 394, sec. 21, effective July 15, 1994; and ch. 405, sec. 26, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 476, Pt. I, sec. 26, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 40, sec. 1, effective July 15, 1986. -- Amended 1985 (1st Extra. Sess.) Ky. Acts ch. 10, sec. 12, effective October 18, 1985. -- Amended 1984 Ky. Acts ch. 359, sec. 1, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 306, sec. 1, effective March 30, 1978. -- Amended 1976 Ky. Acts ch. 345, sec. 1. -- Amended 1974 Ky. Acts ch. 271, sec. 1. -- Amended 1962 Ky. Acts ch. 244, Art. VII, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-6.

Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 145, sec. 14, provides that the Act, which amended this section and KRS 156.070, 156.095, 156.492, 156.557, 157.360, 158.070, 158.4416, and 161.031, and created KRS 158.039 and 158.041, may be cited as the Red Tape Reduction Act.

158.065 Repealed, 1974.

[Repealed]

158.070 Definitions -- School district calendar committee -- School calendar adoption procedures -- Variable student instructional year -- Professional development -- Holidays and days closed -- Waivers -- Scheduling of athletic competitions -- Continuing education for students -- Student attendance days and their equivalents in instructional year -- Nontraditional instruction program -- Administrative regulations -- Breakfast program -- Calculation of service credit and equivalent time for days missed by employees due to emergencies.

(1) As used in this section:

(a) "Election" has the same meaning as in KRS 121.015;

(b) "Minimum school term" or "school term" means not less than one hundred eighty-five (185) days composed of the student attendance days, teacher professional days, and holidays;

(c) "School calendar" means the document adopted by a local board of education that establishes the minimum school term, student instructional year or variable student instructional year, and days that school will not be in session;

(d) "School district calendar committee" means a committee that includes at least the following:

1. One (1) school district principal;

2. One (1) school district office administrator other than the superintendent;

3. One (1) member of the local board of education;

4. Two (2) parents of students attending a school in the district;

5. One (1) school district elementary school teacher;

6. One (1) school district middle or high school teacher;

7. Two (2) school district classified employees; and

8. Two (2) community members from the local chamber of commerce, business community, or tourism commission;

(e) "Student attendance day" means any day that students are scheduled to be at school to receive instruction, and encompasses the designated start and dismissal time;

(f) "Student instructional year" means at least one thousand sixty-two (1,062) hours of instructional time for students delivered on not less than one hundred seventy (170) student attendance days;

(g) "Teacher professional day" means any day teachers are required to report to work as determined by a local board of education, with or without the presence of students; and

(h) "Variable student instructional year" means at least one thousand sixty-two (1,062) hours of instructional time delivered on the number of student attendance days adopted by a local board of education which shall be considered proportionally equivalent to one hundred seventy (170) student attendance days and calendar days for the purposes of a student instructional year, employment contracts that are based on the school term, service credit under KRS 161.500, and funding under KRS 157.350.

(2) (a) The local board of education, upon recommendation of the local school district superintendent, shall annually appoint a school district calendar committee to review, develop, and recommend school calendar options.

(b) The school district calendar committee, after seeking feedback from school district employees, parents, and community members, shall recommend school calendar options to the local school district superintendent for presentation to the local board of education. The committee's recommendations shall comply with state laws and regulations and consider the economic impact of the school calendar on the community and the state.

(c) Prior to adopting a school calendar, the local board of education shall hear for discussion the school district calendar committee's recommendations and the recommendation of the superintendent at a meeting of the local board of education.

(d) During a subsequent meeting of the local board of education, the local board shall adopt a school calendar for the upcoming school year that establishes the opening and closing dates of the school term, beginning and ending dates of each school month, student attendance days, and days on which schools shall be dismissed. The local board may schedule days for breaks in the school calendar that shall not be counted as a part of the minimum school term.

(e) For local board of education meetings described in paragraphs (c) and (d) of this subsection, if the meeting is a regular meeting, notice shall be given to media outlets that have requests on file to be notified of special meetings stating the date of the regular meeting and that one (1) of the items to be considered in the regular meeting will be the school calendar. The notice shall be sent at least twenty-four (24) hours before the regular meeting. This requirement shall not be deemed to make any requirements or limitations relating to special meetings applicable to the regular meeting.

(f) A local school board of education that adopts a school calendar with the first student attendance day in the school term starting no earlier than the Monday closest to August 26 may use a variable student instructional year. Districts may set the length of individual student attendance days in a variable student instructional schedule, but no student attendance day shall contain more than seven (7) hours of instructional time unless the district submitted and received approval from the commissioner of education for an innovative alternative calendar.

(3) (a) Each local board of education shall use four (4) days of the minimum school term for professional development and collegial planning activities for the professional staff without the presence of students pursuant to the requirements of KRS 156.095. At the discretion of the superintendent, one (1) day of professional development may be used for district-wide activities and for training that is mandated by federal or state law. The use of three (3) days shall be planned by each school council, except that the district is encouraged to provide technical assistance and leadership to school councils to maximize existing resources and to encourage shared planning.

(b) 1. A local board may approve a school's flexible professional development plan that permits teachers or other certified personnel within a school to participate in professional development activities outside the days scheduled in the school calendar or the regularly scheduled hours in the school work day and receive credit towards the four (4) day professional development requirement within the minimum one hundred eighty-five

(185) days that a teacher shall be employed.

2. A flexible schedule option shall be reflected in the school's professional development component within the school improvement plan and approved by the local board. Credit for approved professional development activities may be accumulated in periods of time other than full day segments.

3. No teacher or administrator shall be permitted to count participation in a professional development activity under the flexible schedule option unless the activity is related to the teacher's classroom assignment and content area, or the administrator's job requirements, or is required by the school improvement plan, or is tied to the teacher's or the administrator's individual growth plan. The supervisor shall give prior approval and shall monitor compliance with the requirements of this paragraph. In the case of teachers, a professional development committee or the school council by council policy may be responsible for reviewing requests for approval.

(c) The local board of each school district may use up to a maximum of four (4) days of the minimum school term for holidays; provided, however, any holiday which occurs on Saturday may be observed on the preceding Friday.

(d) Each local board may use two (2) days for planning activities without the presence of students.

(e) Each local board may close schools for the number of days deemed necessary for:

1. National or state emergency or mourning when proclaimed by the President of the United States or the Governor of the Commonwealth of Kentucky;

2. Local emergency which would endanger the health or safety of children; and

3. Mourning when so designated by the local board of education and approved by the Kentucky Board of Education upon recommendation of the commissioner of education.

(4) (a) The Kentucky Board of Education, upon recommendation of the commissioner of education, shall adopt administrative regulations governing the use of student attendance days as a result of a local emergency, as described in subsection (3)(e)2. of this section, and regulations setting forth the guidelines and procedures to be observed for the approval of waivers from the requirements of a student instructional year in subsection (1)(f) of this section for districts that wish to adopt innovative instructional calendars, or for circumstances that would create extreme hardship.

(b) If a local board of education amends its school calendar after its adoption due to an emergency, it may lengthen or shorten any remaining student attendance days by thirty (30) minutes or more, as it deems necessary, provided the amended calendar complies with the requirements of a student instructional year in subsection (1)(f) of this section or a variable student instructional year in subsection (1)(h) of this section. No student attendance day shall contain more than seven (7) hours of instructional time unless the district submitted and received approval from the commissioner of education for an innovative alternative calendar.

(5) (a) 1. In setting the school calendar, school may be closed for two (2) consecutive days for the purpose of permitting professional school employees to attend statewide professional meetings.

2. These two (2) days for statewide professional meetings may be scheduled to begin with the first Thursday after Easter, or upon request of the statewide professional education association having the largest paid membership, the commissioner of education may designate alternate dates.

3. If schools are scheduled to operate during days designated for the statewide professional meeting, the school district shall permit employees who are delegates to attend as compensated professional leave time and shall employ substitute teachers in their absence.

4. The commissioner of education shall designate one (1) additional day during the school year when schools may be closed to permit professional school employees to participate in regional or district professional meetings.

5. These three (3) days so designated for attendance at professional meetings may be counted as a part of the minimum school term.

(b) If any school in a district is used as a voting place pursuant to KRS 117.065, the school district may be closed on the days of the election, and those days may be used for professional development activities, professional meetings, or parent-teacher conferences.

(c) All schools shall be closed on the third Monday of January in observance of the birthday of Martin Luther King, Jr. Districts may:

1. Designate the day as one (1) of the four (4) holidays permitted under subsection (3)(c) of this section; or

2. Not include the day in the minimum school term specified in subsection

(1) of this section.

(6) (a) The Kentucky Board of Education, or the organization or agency designated by the board to manage interscholastic athletics, shall be encouraged to schedule athletic competitions outside the regularly scheduled student attendance day.

(b) Any member of a school-sponsored interscholastic athletic team who competes in a regional tournament or state tournament sanctioned by the Kentucky Board of Education, or the organization or agency designated by the board to manage interscholastic athletics, and occurring on a regularly scheduled student attendance day may be counted present at school on the date or dates of the competition, as determined by local board policy, for a maximum of two (2) days per student per year. The student shall be expected to complete any assignments missed on the date or dates of the competition.

(c) The school attendance record of any student for whom paragraph (b) of this subsection applies shall indicate that the student was in attendance on the date or dates of competition.

(7) Schools shall provide continuing education for those students who are determined to need additional time to achieve the outcomes defined in KRS 158.6451, and schools shall not be limited to the minimum school term in providing this education. Continuing education time may include extended days, extended weeks, or extended years. A local board of education may adopt a policy requiring its students to participate in continuing education. The local policy shall set out the conditions under which attendance will be required and any exceptions which are provided. The Kentucky Board of Education shall promulgate administrative regulations establishing criteria for the allotment of grants to local school districts and shall include criteria by which the commissioner of education may approve a district's request for a waiver under KRS 156.161 to use an alternative service delivery option, including providing services during the student attendance day on a limited basis. These grants shall be allotted to school districts to provide instructional programs for pupils who are identified as needing additional time to achieve the outcomes defined in KRS 158.6451. A school district that has a school operating a model early reading program under KRS 158.792 may use a portion of its grant money as part of the matching funds to provide individualized or small group reading instruction to qualified students outside of the regular classroom during the student attendance day.

(8) Notwithstanding any other statute, each school term shall include no less than the equivalent of the student instructional year in subsection (1)(f) of this section, or a variable student instructional year in subsection (1)(h) of this section, except that the commissioner of education may grant up to the equivalent of ten (10) student attendance days for school districts that have a nontraditional instruction plan approved by the commissioner of education on days when the school district is closed for health or safety reasons. The district's plan shall indicate how the nontraditional instruction process shall be a continuation of learning that is occurring on regular student attendance days. Instructional delivery methods, including the use of technology, shall be clearly delineated in the plan. Average daily attendance for purposes of Support Education Excellence in Kentucky program funding during the student attendance days granted shall be calculated in compliance with administrative regulations promulgated by the Kentucky Board of Education.

(9) The Kentucky Board of Education shall promulgate administrative regulations to prescribe the conditions and procedures for districts to be approved for the nontraditional instruction program. Administrative regulations promulgated by the board under this section shall specify:

(a) The application, plan review, approval, and amendment process;

(b) Reporting requirements for districts approved for the program, which may include but are not limited to examples of student work, lesson plans, teacher work logs, and student and teacher participation on nontraditional instruction

days. Documentation to support the use of nontraditional instruction days shall include clear evidence of learning continuation;

(c) Timelines for initial approval as a nontraditional instruction district, length of approval, the renewal process, and ongoing evaluative procedures required of the district;

(d) Reporting and oversight responsibilities of the district and the Kentucky Department of Education, including the documentation required to show clear evidence of learning continuation during nontraditional instruction days; and

(e) Other components deemed necessary to implement this section.

(10) Notwithstanding the provisions of KRS 158.060(4) and the provisions of subsection

(2) of this section, a school district shall arrange bus schedules so that all buses arrive in sufficient time to provide breakfast prior to the beginning of the student attendance day. The superintendent of a school district that participates in the Federal School Breakfast Program may also authorize up to fifteen (15) minutes of the student attendance day to provide the opportunity for children to eat breakfast during instructional time.

(11) Notwithstanding any other statute to the contrary, the following provisions shall apply to a school district that misses student attendance days due to emergencies, including weather-related emergencies:

(a) A certified school employee shall be considered to have fulfilled the minimum one hundred eighty-five (185) day contract with a school district under KRS 157.350 and shall be given credit for the purpose of calculating service credit for retirement under KRS 161.500 for certified school personnel if:

1. State and local requirements under this section are met regarding the equivalent of the number and length of student attendance days, teacher professional days, professional development days, holidays, and days for planning activities without the presence of students; and

2. The provisions of the district's school calendar to make up student attendance days missed due to any emergency, as approved by the Kentucky Department of Education when required, including but not limited to a provision for additional instructional time per day, are met.

(b) Additional time worked by a classified school employee shall be considered as equivalent time to be applied toward the employee's contract and calculation of service credit for classified employees under KRS 78.615 if:

1. The employee works for a school district with a school calendar approved by the Kentucky Department of Education that contains a provision that additional instructional time per day shall be used to make up full days missed due to an emergency;

2. The employee's contract requires a minimum six (6) hour work day; and

3. The employee's job responsibilities and work day are extended when the instructional time is extended for the purposes of making up time.

(c) Classified employees who are regularly scheduled to work less than six (6) hours per day and who do not have additional work responsibilities as a result of lengthened student attendance days shall be excluded from the provisions of this subsection. These employees may be assigned additional work responsibilities to make up service credit under KRS 78.615 that would be lost due to lengthened student attendance days.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 113, sec. 5, effective June 27, 2025; ch. 125, sec. 24, effective June 27, 2025; and ch. 145, sec. 6, effective June 27, 2025. -- Amended 2022 Ky. Acts ch. 41, sec. 1, effective July 14, 2022; and ch. 168, sec. 2, effective April 8, 2022. -- Amended 2018 Ky. Acts ch. 53, sec. 2, effective July 14, 2018; ch. 153, sec. 3, effective July 14, 2018; and ch. 174, sec. 2, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 68, sec. 1, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 138, sec. 6, effective April 27, 2016. -- Amended 2014 Ky. Acts ch. 14, sec. 3, effective July 15, 2014. -- Amended 2013 Ky. Acts ch. 107, sec. 1, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 136, sec. 1, effective July 15, 2010; and ch. 146, sec. 1, effective April 13, 2010. -- Amended 2005 Ky. Acts ch. 178, sec. 1, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 89, sec. 1, effective April 6, 2004. -- Amended 2002 Ky. Acts ch. 131, sec. 1, effective July 15, 2002; and ch. 169, sec. 1, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 134, sec. 1, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 261, sec. 1, effective July 14, 2000; and ch. 527, sec. 13, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 580, sec. 4, effective July 15, 1998; and ch. 609, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 20, sec. 2, effective July 15, 1996; ch. 195, sec. 25, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 394, sec. 22, effective July 15, 1994; and ch. 464, sec. 1, effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 398, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 476, Pt. I, sec. 27, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 373, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 359, sec. 2, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 306, sec. 2, effective March 30, 1978. -- Amended 1976 Ky. Acts ch. 209, sec. 1. -- Amended 1974 Ky. Acts ch. 265, sec. 5. -- Amended 1972 Ky. Acts ch. 372, sec. 2. -- Amended 1966 Ky. Acts ch. 29, sec. 1 (1) and (2); and ch. 255, sec. 150. -- Amended 1964 Ky. Acts ch. 6, sec. 1; and ch. 133, sec. 1. -- Amended 1962 Ky. Acts ch. 244, Art. VII, sec. 2. -- Amended 1952 Ky. Acts ch. 104, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4370-7. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, C, 3, (4) at 2075. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, C, 3, (9) at 2075.

Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts chs. 113, 125, and 145, which do not appear to be in conflict and have been codified together.

Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 145, sec. 14, provides that the Act, which amended this section and KRS 156.070, 156.095, 156.492, 156.557, 157.360, 158.060, 158.4416, and 161.031, and created KRS 158.039 and 158.041, may be cited as the Red Tape Reduction Act.

Legislative Research Commission Note (4/8/2022). 2022 Ky. Acts ch. 168, sec. 4, provides that the Act, which amended this statute, may be cited as Wyatt’s Act.

Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 153, sec. 5, provides that 2018 Ky. Acts ch. 153 may be cited as the "Lyndsey Crunk Act." This statute was amended in Section 3 of that Act.

Legislative Research Commission Note (6/24/2015). In subsection (5)(b)1. of this statute, a reference to "subsection (4)(d) of this section" has been changed to read "subsection (3)(d) of this section." In subsection (10) of this statute, a reference to "subsection (1) of this section" has been changed to read "subsection (2) of this section." When the statute was amended in 2014 Ky. Acts ch. 14, sec. 3, the subsections were renumbered, but the reference to subsections (4) and (1) were not changed to conform. The Reviser of Statutes has made the conforming changes under the authority of KRS 7.136.

Legislative Research Commission Note (7/15/2010). The amendments made to this section by 2010 Ky. Acts ch. 136 shall be known as the "Make a Difference for Kids Act of 2010."

Legislative Research Commission Note (1/29/2002). The words "upon request of the statewide professional education association having the" were inadvertently omitted from subsection (6)(a) of this section when it was amended by 2001 Ky. Acts ch. 134, sec. 1. These words have been restored to the section by the reviser of statutes under KRS 7.136 and 446.280.

Legislative Research Commission Note (6/21/2001). A reference to "subsection (3)(c)" in subsection (6)(b)1. of this statute has been changed in codification to "subsection (4)(c)" under KRS 7.136(1)(e) and (h). In 2001 Ky. Acts ch. 134, sec. 1, the existing subsection (3) was renumbered as subsection (4), but an internal reference to that subsection in the existing language of this statute was overlooked.

158.072 Eligible students -- Change of residence within district -- Option to remain enrolled in original school -- Transportation.

(1) For purposes of this section, "eligible student" shall mean a public school student enrolled in kindergarten or grade one (1), two (2), or three (3) who qualifies for free or reduced-price school meals or attends a school that participates in the community eligibility provision of the National School Lunch Program.

(2) When an eligible student changes his or her residence during the school year and the change in residence results in the student being assigned to a different school within the same school district, the parent or guardian of the eligible student shall have the option to request the student, and any of the student's siblings enrolled in the same school in any grade, remain enrolled in the original school, regardless of the transportation decision made under subsection (3) of this section.

(3) (a) Notwithstanding KRS 158.110, if the student remains enrolled in the original school, the school district shall provide transportation to the original school from the student's new residence, except as provided in paragraph (b) of this subsection.

(b) The superintendent may deny the transportation request if he or she determines the distance and travel time that the student would spend in transport is impracticable. The district shall report the transportation denial and supporting rationale to the Kentucky Department of Education.

Effective: June 29, 2023

History: Created 2023 Ky. Acts ch. 158, sec. 1, effective June 29, 2023.

158.075 Veterans Day observance in public schools.

All public schools shall observe Veterans Day under this section.

(1) On Veterans Day, or one (1) of the five (5) school days preceding Veterans Day, one (1) class or instructional period shall be devoted to the observance of Veterans Day.

(2) Students shall assemble in one (1) or more groups, as decided by the school principal, to attend the Veterans Day program.

(3) The program shall be approved by the principal and, at a minimum, shall consist of a teacher and a veteran speaking on the meaning of Veterans Day.

(4) To develop a Veterans Day program, Kentucky public schools are encouraged to seek advice from the Kentucky Department of Veterans' Affairs and veterans' service organizations, including but not limited to the American Legion and the Veterans of Foreign Wars.

Effective: July 12, 2006

History: Amended 2006 Ky. Acts ch. 142, sec. 1, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 162, sec. 1, effective June 24, 2003.

158.080 Private and parochial schools -- Courses -- School calendar.

Private and parochial schools certified in accordance with KRS 156.160(2) shall:

(1) Be taught in the English language and shall offer instruction in the several branches of study required to be taught in the public schools of the state; and

(2) Operate on a school calendar with a minimum school term and student instructional year, as defined in KRS 158.070.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 113, sec. 6, effective June 27, 2025. -- Amended 2023 Ky. Acts ch. 154, sec. 1, effective June 29, 2023. -- Amended 1996 Ky. Acts ch. 10, sec. 1, effective July 15, 1996. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 398, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 136, sec. 6, effective July 1, 1979; ch. 155, sec. 161, effective June 17, 1978; and ch. 384, sec. 45, effective June 17, 1978. -- Amended 1972 Ky. Acts ch. 372, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4434-3.

Legislative Research Commission Note (6/27/2025). Under the authority of KRS 7.136, the reviser of statutes has changed "KRS 156.160(3)" to "KRS 156.160(2)" in this statute to conform to the deletion of a subsection and renumbering of subsequent subsections in KRS 156.160 by 2025 Ky. Acts ch. 113, sec. 2.

158.090 Repealed, 1990.

[Repealed]

158.100 Program required to be provided by school district -- Additional programs permitted -- Refugee or legal alien students -- Virtual high school completion program -- School district may establish virtual programs.

(1) Notwithstanding any statute to the contrary, each school district shall provide an approved preschool school program through twelve (12) grade school service. An approved preschool school program through eight (8) grade school service shall be provided for the children residing in the district by maintaining schools. An approved high school service for all children of high school grade under twenty-one

(21) years of age residing in the district shall be provided either by maintaining the schools within the district or by contract with another district. The board of education of any school district, subject to the approval of the chief state school officer, may establish night schools, industrial schools, and other schools for the residents of the district as it deems advisable.

(2) A school district may provide an approved high school program to a student who is a refugee or legal alien until the student graduates or until the end of the school year in which the student reached the age of twenty-one (21), whichever occurs first.

(3) (a) The board of education of any school district may establish a virtual high school completion program for residents of the district of at least twenty-one

(21) years of age that is designed to allow high school dropouts to complete high school graduation requirements through the use of virtual instruction.

(b) A student shall be eligible to enroll in a district's program if the student:

1. Is a resident of the district;

2. Is at least twenty-one (21) years of age;

3. Had previously dropped out of a high school; and

4. Had earned at least sixteen (16) credits at the time of dropping out.

(c) Notwithstanding paragraph (b)1. of this subsection, a program may enroll a nonresident student if the student otherwise qualifies for enrollment.

(d) To enroll in a district's program, a student shall provide a notarized transcript evidencing any credits earned previously towards graduation that are not from that district.

(e) To earn a high school diploma through the virtual program, a district shall require a student to either:

1. Complete the high school graduation requirements of the district that were or would have been applicable to the student at the time the student dropped out of high school; or

2. Complete the high school graduation requirements of the district in effect at the time of enrolling in the virtual program.

(f) A district may charge a student reasonable tuition and fees for the program.

(4) A school district may establish a virtual program as defined in KRS 157.320 for students. The local board of education of the school district that operates a virtual program shall adopt policies to address a student's failure to complete state- mandated assessments, including but not limited to kindergarten readiness screeners or assessments required under KRS 158.6453.

Effective: March 27, 2025

History: Amended 2025 Ky. Acts ch. 94, sec. 5, effective March 27, 2025. -- Amended 2020 Ky. Acts ch. 17, sec. 1, effective July 15, 2020. -- Amended 2014 Ky. Acts ch. 78, sec. 1, effective July 15, 2014. -- Amended 1990 Ky. Acts ch. 476, Pt. I, sec. 28, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 367, sec. 6, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 20, sec. 1, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 184, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3480-1, 3480-2, 4363-5a, 4399-2, 4399-3.

158.102 Requirement for library media center -- Employment of librarian.

(1) The board of education for each local school district shall establish and maintain a library media center in every elementary and secondary school to promote information literacy and technology in the curriculum, and to facilitate teaching, student achievement, and lifelong learning.

(2) (a) Schools shall employ a school media librarian to organize, equip, and manage the operations of the school media library. The school media librarian shall hold the appropriate certificate of legal qualifications in accordance with KRS 161.020 and 161.030. A certified school media librarian may be employed to serve two (2) or more schools in a school district with the consent of the school councils.

(b) If a vacancy occurs, the school council may fill the vacancy on a temporary basis by employing:

1. A person who is pursuing certification as a school media librarian in accordance with administrative regulations promulgated by the Education Professional Standards Board; or

2. A temporary employee for a period not to exceed sixty (60) days.

Effective: July 14, 2000

History: Created 2000 Ky. Acts ch. 339, sec. 1, effective July 14, 2000.

158.105 War veterans may complete high school course without tuition.

Each school district in this state shall admit to its twelve (12) grade school service, without tuition, any veteran of the Armed Forces whose attendance was interrupted, before completing the approved twelve (12) grade school course, because of induction or enlistment in the Armed Forces. The veteran shall apply for reenrollment in the public school system of the district of his residence not later than four (4) years after his honorable discharge from the Armed Forces. However, this is not intended to apply to enrollment by veterans in special courses for which tuition is paid under the provisions of federal laws, or otherwise.

Effective: July 13, 1990

History: Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 199, effective July 13, 1990. -- Created 1948 Ky. Acts ch. 123, sec. 1.

158.107 Repealed, 1982.

[Repealed]

158.108 Effect of failure to pay for or rent school supplies.

No child shall be denied full participation in any educational program due to an inability to pay for, or rent, necessary school supplies, including textbooks.

Effective: July 13, 1990

History: Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 200, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 462, sec. 2, effective July 15, 1986. -- Created 1982 Ky. Acts ch. 19, sec. 1, effective February 26, 1982.

158.110 Transportation of pupils.

(1) Boards of education may provide transportation from their general funds or otherwise for any pupil of any grade to the nearest school to the pupil's residence within the district if the pupil does not live within a reasonable walking distance to such nearest school of appropriate grade level. The local board may provide transportation by means of a board-operated transportation system, transit authorities organized and operating pursuant to KRS Chapter 96A, local governmental mass transit systems, and individual contracted buses and vehicles.

(2) When space is not available at the nearest school, boards of education may provide transportation from their general funds or otherwise for any pupil of any grade who does not live within a reasonable walking distance to the nearest school of appropriate grade level where space is available. Transportation may be provided by means pursuant to subsection (1) of this section.

(3) Public elementary and secondary schools shall not change their present grade level structure without written permission from the Kentucky Board of Education.

(4) The boards of education shall adopt policies to ensure the comfort, health, and safety of the pupils who are transported, consistent with the regulations of the Kentucky Board of Education regarding the transportation of pupils.

(5) Boards of education shall adopt a transportation services policy based on the statewide transportation services policy guidelines. The transportation services policy shall contain the terms and conditions for use of transportation services for pupils who are transported and for their parents, legal guardians, or other persons exercising custodial control or supervision of the pupils who are transported, consistent with the requirements of KRS 158.148.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 9, sec. 1, effective July 15, 2024. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 201, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 161, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 155, sec. 82, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 78, sec. 3, March 29, 1976. -- Amended 1944 Ky. Acts ch. 173, sec. 10. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4399-20.

158.115 Supplementation of school bus transportation system by county out of general funds -- Annual report to Interim Joint Committee on Appropriations and Revenue.

(1) Each county may furnish transportation from its general funds, and not out of any funds or taxes raised or levied for educational purposes or appropriated in aid of the common schools, to supplement the present school bus transportation system for the aid and benefit of all pupils of elementary grade attending school in compliance with the compulsory school attendance laws of the Commonwealth of Kentucky who do not reside within reasonable walking distance of the school they attend and where there are no sidewalks along the highway they are compelled to travel; and any county may provide transportation from its general funds to supplement the present school bus transportation system for the aid of any pupil of any grade who does not live within reasonable walking distance of the school attended by him in compliance with the compulsory school attendance laws and where there are no sidewalks along the highway he is compelled to travel.

(2) Each county may provide transportation by means of local board of education operated transportation systems, transit authorities organized and operating pursuant to KRS Chapter 96A, local governmental mass transit systems, and individual contracted buses and vehicles.

(3) By September 30 of each year, the secretary of the Transportation Cabinet shall report to the General Assembly's Interim Joint Committee on Appropriations and Revenue the following information for those fiscal court applications received by the Transportation Cabinet:

(a) The annual cost to transport an individual pupil by local school district;

(b) The total annual cost to transport all pupils;

(c) The number of nonpublic school pupils transported by district;

(d) The amount of money needed to fund actual costs to transport the projected number of nonpublic pupils over the next biennium; and

(e) A history by year of participating counties requesting funding to transport nonpublic students, the funding requested by the counties, and the actual funding provided to the counties.

Effective: July 15, 2008

History: Amended 2008 Ky. Acts ch. 131, sec. 1, effective July 15, 2008. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 399, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 161, sec. 6, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 156, sec. 1.

158.120 Nonresident pupils -- Nonresident pupil policy -- Tuition -- Enrollment of nonresident pupils in virtual programs -- Limitations -- Sunset.

(1) A board of education shall adopt a nonresident pupil policy to govern the terms under which the district shall allow enrollment of nonresident pupils. Upon allowing nonresident pupil enrollment, the policy shall allow nonresident children to be eligible to enroll in any public school located within the district. The policy shall not discriminate between nonresident pupils, but may recognize enrollment capacity, as determined by the local school district. The nonresident pupil policy and any subsequent changes adopted by a board of education shall be filed with the Kentucky Department of Education no later than thirty (30) days following their adoption.

(2) Any board of education may charge a reasonable tuition fee per month for each child attending its schools whose parent, guardian, or other legal custodian is not a bona fide resident of the district. Any controversy as to the fee shall be submitted to the Kentucky Board of Education for final settlement. The fee shall be paid by the board of education of the school district in which the pupil resides, except in cases where the board makes provision for the child's education within his or her district. If a board of education is required to pay a pupil's tuition fee, the pupil shall be admitted to a school only upon proper certificate of the board of education of the district in which he or she resides.

(3) When it appears to the board of education of any school district that it is convenient for a pupil of any grade residing in that district to attend an approved public school in another district, the board of education may enter into a tuition contract with the public school authorities of the other school district for that purpose, but before a contract is entered into with public school authorities in another state the school shall have been approved by the state school authorities of that state through the grades in which the pupil belongs. When a district undertakes, under operation of a tuition contract or of law, to provide in its school for pupils residing in another district, the district of their residence shall share the total cost of the school, including transportation when furnished at public expense, in proportion to the number of pupils or in accordance with contract agreement between the two (2) boards.

(4) As used in this subsection, "virtual program" has the same meaning as in KRS 157.320. A school district may enroll nonresident pupils on a full-time basis in kindergarten through grade twelve (12) in a virtual program established under KRS 158.100 by that district. Nonresident pupil enrollment shall be subject to the following requirements:

(a) Beginning with the 2025-2026 school year, the statewide total enrollment of nonresident pupils in virtual programs offered by school districts shall not exceed an enrollment cap of one percent (1%) of the previous year's total statewide student enrollment in all school districts. By July 1, 2025, and each year thereafter until June 30, 2028, the Kentucky Department of Education shall publish on its website the previous year's total statewide student enrollment in all school districts and the one percent (1%) value of that number. The information shall remain on the website for the remainder of each school year;

(b) Each school district shall report in the student information system the nonresident pupils enrolled in the district's virtual programs. The department shall monitor the number of statewide total enrollment of nonresident pupils in virtual programs;

(c) If the number of statewide total enrollment of nonresident pupils in virtual programs reaches eighty-five hundredths of one percent (0.85%) of the previous year's total statewide student enrollment in all school districts, the department shall alert all school districts operating virtual programs that the nonresident enrollment cap has almost been reached. Upon receiving the alert, a school district shall notify any nonresident pupil seeking enrollment in a virtual program operated by the school district that the pupil will be provisionally enrolled until the department can confirm that the pupil's enrollment would not exceed the enrollment cap, and shall report the pupil as provisionally enrolled in the student information system. If the department determines that a pupil's enrollment would exceed the enrollment cap, the department shall notify the school district that the pupil cannot be approved for enrollment due to the enrollment cap. The department shall determine whether the pupil's enrollment will exceed the enrollment cap and provide notice to the school district of the determination. If the department fails to provide the school district with the determination within two (2) business days, the pupil shall be deemed to not exceed the enrollment cap and the provisional status shall be removed;

(d) If the nonresident enrollment cap is reached, the department shall notify all school districts operating virtual programs and that no additional nonresident pupils shall be enrolled until such time as nonresident enrollment falls below the enrollment cap;

(e) After reaching the nonresident enrollment cap, if the number of statewide total enrollment of nonresident pupils in virtual programs falls back below the enrollment cap, the department shall notify all school districts operating virtual programs that nonresident enrollment may resume again, but any nonresident pupils enrolled for the remainder of the school year shall be provisionally enrolled, following the same process outlined in paragraph (c) of this subsection; and

(f) The nonresident enrollment cap established in this subsection shall not apply to any of the following pupils:

1. A sibling of a pupil already enrolled into the same virtual program;

2. A pupil who is a dependent of a member of the Armed Forces of the United States; or

3. A pupil with a medical condition for which enrolling into the virtual program may be beneficial to the pupil, which shall be evidenced in a written statement signed by the pupil's physician. All documentation related to these exceptions to the nonresident enrollment cap shall be maintained by the school district enrolling the nonresident pupil as part of the pupil's official record.

(5) A school district operating a virtual program that enrolls nonresident pupils shall no longer continue the enrollment of nonresident pupils in the program after June 30, 2028, unless explicit permission to do so is provided by the General Assembly.

Effective: March 27, 2025

History: Amended 2025 Ky. Acts ch. 94, sec. 4, effective March 27, 2025. -- Amended 2021 Ky. Acts ch. 167, sec. 2, effective June 29, 2021. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 202, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 155, sec. 82, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4399-51.

158.130 Repealed, 1990.

[Repealed]

158.135 Reimbursement for school services for state agency children in state institution or day treatment center or in custody of Department of Juvenile Justice.

(1) As used in this section, unless the context otherwise requires:

(a) "State agency children" means:

1. a. Those children of school age committed to or in custody of the Cabinet for Health and Family Services and placed, or financed by the cabinet, in a Cabinet for Health and Family Services operated or contracted institution, treatment center, facility, including those for therapeutic foster care and excluding those for nontherapeutic foster care; or

b. Those children placed or financed by the Cabinet for Health and Family Services in a private facility pursuant to child care agreements including those for therapeutic foster care and excluding those for nontherapeutic foster care;

2. Those children of school age in home and community-based services provided as an alternative to intermediate care facility services for the intellectually disabled;

3. Those children committed to or in custody of the Department of Juvenile Justice and placed in a department operated or contracted facility or program; and

4. Those children referred by a court-designated worker as defined in KRS 600.020 and admitted to a Department of Juvenile Justice operated or contracted day treatment program;

(b) "Current costs and expenses" means all expenditures, other than for capital outlay and debt service, which are in excess of the amount generated by state agency children under the Support Education Excellence in Kentucky funding formula pursuant to KRS 157.360. These expenditures are necessary to provide a two hundred thirty (230) day school year, smaller teacher pupil ratio, related services if identified on an individual educational plan, and more intensive educational programming; and

(c) "Therapeutic foster care" means a remedial care program for troubled children and youth that is in the least restrictive environment where the foster parent is trained to implement planned, remedial supervision and care leading to positive changes in the child's behavior. Children served in this placement have serious emotional problems and meet one (1) or more of the following criteria:

1. Imminent release from a treatment facility;

2. Aggressive or destructive behavior;

3. At risk of being placed in more restrictive settings, including institutionalization; or

4. Numerous placement failures.

(2) (a) Unless otherwise provided by the General Assembly in a budget bill, any county or independent school district that provides elementary or secondary school services to state agency children shall be reimbursed through a contract with the Kentucky Educational Collaborative for State Agency Children. The school services furnished to state agency children shall be equal to those furnished to other school children of the district.

(b) The Department of Education shall, to the extent possible within existing appropriations, set aside an amount of the state agency children funds designated by the General Assembly in the biennial budget to reimburse a school district for its expenditures exceeding twenty percent (20%) of the total amount received from state and federal sources to serve a state agency child.

(3) The General Assembly shall, if possible, increase funding for the education programs for state agency children by a percentage increase equal to that provided in the biennial budget for the base funding level for each pupil in the program to support education excellence in Kentucky under KRS 157.360 and, if applicable, by an amount necessary to address increases in the number of state agency children being served.

(4) The Kentucky Educational Collaborative for State Agency Children shall make to the chief state school officer the reports required concerning school services for state agency children, and shall file with the Cabinet for Health and Family Services unit operating or regulating the institution or day treatment center, or contracting for services, in which the children are located a copy of the annual report made to the chief state school officer.

(5) The Department of Juvenile Justice shall contract with a public university or nonprofit education entity utilizing all funds generated by the children in state agency programs, except Oakwood and Hazelwood funds, and the funds in the Kentucky Department of Education budget, pursuant to this section, as well as any other educational funds for which all Kentucky children are entitled. The total of these funds shall be utilized to provide educational services through the Kentucky Educational Collaborative for State Agency Children established in KRS 605.110.

(6) Notwithstanding the provisions of any other statute, the Kentucky Educational Collaborative for State Agency Children shall operate a two hundred thirty (230) day school program.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 69, sec. 11, effective July 15, 2026. -- Amended 2022 Ky. Acts ch. 78, sec. 2, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 56, sec. 1, effective July 14, 2018. -- Amended 2010 Ky. Acts ch. 141, sec. 7, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 132, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 115, effective July 15, 1998; ch. 433, sec. 1, effective July 15, 1998; and ch. 538, sec. 1, effective April 13, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 65, effective July 1, 1997. -- Amended 1994 Ky. Acts ch. 376, sec. 2, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 357, sec. 1, effective July 1, 1993. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 203, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 316, sec. 7, effective July 13, 1984; and ch. 410, sec. 12, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 150, sec. 2, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 126, sec. 1. -- Amended 1958 Ky. Acts ch. 126, sec. 19. -- Created 1952 Ky. Acts ch. 88, secs. 1 to 4. Formerly codified as KRS 160.631 and 160.632.

158.137 Educational passports for state agency children.

(1) As used in this section:

(a) "State agency child" or "state agency children" means "state agency children" defined in KRS 158.135;

(b) "School or educational facility" means any public school, private school, day treatment center, or any other public or private entity that provides educational services to state agency children; and

(c) "Educational passport" means a standard form completed by a school or educational facility which a state agency child is leaving which provides a receiving school or facility with basic demographic and academic information about the state agency child.

(2) When the placement of a state agency child is changed and the state agency child must transfer from one school or educational facility to a different school or educational facility, the school or educational facility that the state agency child is leaving shall, within two (2) days of the state agency child leaving, prepare an educational passport for the child, which shall be delivered to the Cabinet for Health and Family Services or the Department of Juvenile Justice. The Cabinet for Health and Family Services or the Department of Juvenile Justice shall, within two (2) days of enrolling a state agency child in a new school or educational facility, present the educational passport to the receiving school or educational facility.

(3) A standard educational passport form shall be developed by the Kentucky Department of Education in consultation with the Cabinet for Health and Family Services and the Department of Juvenile Justice. The Kentucky Department of Education shall make the form available to all schools or educational facilities serving state agency children.

Effective: June 20, 2005

History: Amended 2005 Ky. Acts ch. 99, sec. 133, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 398, sec. 1, effective July 15, 1998.

158.139 Facilitation and enablement of employment opportunities for graduates with alternate high school diplomas -- Requirements for Department of Workforce Development.

In order to facilitate and enable employment opportunities for students graduating with a Kentucky alternate high school diploma pursuant to KRS 156.160(1)(e) and 158.140(2)(b), the Department of Workforce Development in the Education and Labor Cabinet shall:

(1) Conduct outreach to employers to encourage employment opportunities for those who have obtained a Kentucky alternate high school diploma;

(2) Create a process for employers to request addition to or removal from the list of employers with employment opportunities for those who have obtained a Kentucky alternate high school diploma; and

(3) Publish on the Department of Workforce Development's website the list of employers, organized by county, created under subsection (2) of this section.

Effective: July 15, 2026

History: Created 2026 Ky. Acts ch. 15, sec. 2, effective July 15, 2026.

158.140 Admission to high school -- Promotion -- Classification -- High school diploma -- Alternate high school diploma -- Academy diploma -- Posthumous diploma -- Diploma for certain honorably discharged veterans -- Vocational certificate of completion.

(1) When a pupil in any public elementary school or any approved private or parochial school completes the prescribed elementary program of studies, he or she is entitled to a certificate of completion signed by the teacher or teachers under whom the program was completed. The certificate shall entitle the pupil to admission into any public high school. Any promotions or credits earned in attendance in any approved public school are valid in any other public school to which a pupil may go, but the superintendent or principal of a school, as the case may be, may assign the pupil to the class or grade to which the pupil is best suited. In case a pupil transfers from the school of one (1) district to the school of another district, an assignment to a lower grade or course shall not be made until the pupil has demonstrated that he or she is not suited for the work in the grade or course to which he or she has been promoted.

(2) Upon successful completion of all state and local board requirements, the student shall receive:

(a) A diploma indicating graduation from high school; or

(b) An alternate high school diploma if the student has a disability and has completed a modified curriculum and an individualized course of study pursuant to requirements established by the Kentucky Board of Education in accordance with KRS 156.160.

(3) (a) The Gatton Academy of Mathematics and Science in Kentucky, located at Western Kentucky University, and the Craft Academy for Excellence in Science and Mathematics, located at Morehead State University, may award a diploma to any student who completes his or her high school program at the respective academy. If the academy issues a diploma, the board of regents of the host university shall provide to the commissioner of education a letter of assurance that the program of study completed by its students, in combination with previously earned secondary credits, meets the minimum high school graduation requirements established by the Kentucky Board of Education under KRS 156.160(1)(d).

(b) A local school district may award a joint diploma with the Gatton Academy of Mathematics and Science in Kentucky or the Craft Academy for Excellence in Science and Mathematics to any student who was enrolled in a district high school and completed his or her high school program at the respective academy.

(c) The respective academy and the home school district shall ensure that student transcripts from each institution accurately reflect the dual credit coursework.

(4) A local school board may award a diploma indicating graduation from high school to any student posthumously with the high school class the student was expected to graduate.

(5) (a) A local board of education shall award an authentic high school diploma to an honorably discharged veteran who did not complete high school prior to being inducted into the United States Armed Forces during:

1. World War II, as defined in KRS 40.010;

2. The Korean conflict, as defined in KRS 40.010; or

3. The Vietnam War. As used in this paragraph, "Vietnam War" means the period beginning August 5, 1964, and ending May 7, 1975. However, for a member of the United States Armed Forces serving in Vietnam prior to August 5, 1964, the period shall begin February 28, 1961.

(b) Upon recommendation of the commissioner, the Kentucky Board of Education in consultation with the Kentucky Department of Veterans' Affairs shall promulgate administrative regulations to establish the guidelines for awarding the authentic diplomas referred to in paragraph (a) of this subsection.

(6) Any high school graduation requirements adopted by a local board shall not include achieving a minimum score on a statewide assessment administered under KRS 158.6453.

(7) The Department of Education shall establish the requirements for a vocational certificate of completion. A student who has returned to school after dropping out shall receive counseling concerning the vocational program. A student who has completed the requirements established for a vocational program shall receive a vocational certificate of completion specifying the areas of competence.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 15, sec. 3, effective July 15, 2026. -- Amended 2020 Ky. Acts ch. 112, sec. 4, effective July 15, 2020. -- Amended 2015 Ky. Acts ch. 15, sec. 1, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 27, sec. 2, effective July 12, 2012. -- Amended 2008 Ky. Acts ch. 134, sec. 26, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 54, sec. 1, effective June 20, 2005; and ch. 53, sec. 1, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 97, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 121, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 598, sec. 10, effective April 14, 1998. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 400, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 224, sec. 1, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-5.

Legislative Research Commission Note (7/15/2008). A reference to "KRS 156.160(1)(c)" in subsection (3)(a) of this statute, as amended by 2008 Ky. Acts ch. 134, sec. 26, has been changed in codification to "KRS 156.160(1)(d)" by the Reviser of Statutes under the authority of KRS 7.136(1) to reflect the insertion of a new paragraph in KRS 156.160(1) and change in the designation of succeeding paragraphs in 2008 Ky. Acts ch. 92, sec. 1.

158.141 Passing grade on civics test or course in civic literacy required for high school graduation -- Testing procedures -- Department to submit testing data to the Legislative Research Commission -- Instruction areas for civic literacy course -- Administrative regulations.

(1) Beginning with the entering ninth grade class of the 2025-2026 school year, and each year thereafter, graduation requirements for each student in every public high school in Kentucky graduating with a regular diploma shall include successful completion of either:

(a) A one-half (1/2) credit course in civic literacy that includes instruction in the areas required in subsection (5) of this section; or

(b) A civics test composed of one hundred (100) questions drawn from those that are set forth within the civics test administered by the United States Citizenship and Immigration Services to persons seeking to become naturalized citizens.

(2) A local board of education shall determine which option under subsection (1) of this section shall be required for graduates of the school district.

(3) If the board requires the completion of subsection (1)(b) of this section:

(a) The board shall prepare or approve a test composed of the questions described in subsection (1)(b) of this section and shall disseminate the test to all public high schools of the district. The test shall be administered by each public high school in the district;

(b) A public high school shall provide each student with the opportunity to take the test as many times as necessary for the student to pass the test without the use of instructional aids during testing, including but not limited to textbooks and internet browser searching. A student shall not receive a regular high school diploma until the student successfully completes the test as specified in paragraph (c) of this subsection;

(c) A student shall be considered to have successfully completed the test if at least seventy percent (70%) of the questions are answered correctly. A student who has passed a similar test within the previous five (5) years may provide the board with evidence of successful completion and shall not be required to take the test under this section;

(d) By September 1, 2026, and each year thereafter, each school district requiring a civics test for graduation shall submit annual testing data to the Kentucky Department of Education. The department shall compile the data and by November 1 of each year submit an annual report to the Legislative Research Commission for referral to the Interim Joint Committee on Education. The report shall include:

1. The first-time successful completion rate of the civics test; and

2. The average number of times a student takes the civics test for successful completion; and

(e) Provisions of this section shall be subject to the requirements and accommodations of a student's individualized education program as defined in KRS 158.281 or a Section 504 Plan as defined in KRS 156.027.

(4) Students pursuing an early graduation program as established in KRS 158.142 shall complete the requirement prior to the student's graduation.

(5) A civic literacy course shall include but not be limited to instruction in the following areas:

(a) An overview of America's founding history, including but not limited to key texts; the role and operations of local, state, and national governments; the rights and responsibilities of citizenship; federalism; civil liberties; and civil rights;

(b) Principles of the United States government;

(c) The Constitution of Kentucky and the Constitution of the United States;

(d) Institutions of the United States government and the responsibilities of the executive branch, legislative branch, and judicial branch;

(e) State government and local governments and the role of each;

(f) Political parties and interest groups;

(g) Campaigns and elections;

(h) United States Congress;

(i) Domestic policy;

(j) Foreign policy;

(k) Comparative systems;

(l) International relations; and

(m) Major issues facing government.

(6) The Kentucky Board of Education shall promulgate administrative regulations in accordance with KRS 156.160 to establish academic standards for civic literacy.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 122, sec. 1, effective July 15, 2024. -- Created 2017 Ky. Acts ch. 109, sec. 1, effective June 29, 2017.

158.1411 Financial literacy requirements for high school graduation -- Establishment of academic standards, curricula, and guidelines for financial literacy.

(1) For students entering grade nine (9) on or before June 30, 2025, successful completion of one (1) or more courses or programs that meet the financial literacy standards shall be a Kentucky public high school graduation requirement.

(2) For students entering grade nine (9) on or after July 1, 2025, successful completion of a one (1) credit course in financial literacy shall be a Kentucky public high school graduation requirement.

(3) The graduation requirement in subsections (1) and (2) shall also apply to a student pursuing an early graduation program as established in KRS 158.142.

(4) The financial literacy course required in subsection (2) of this section shall align to the student's individual learning plan and include but not be limited to instruction in the following areas:

(a) Budgeting;

(b) Saving and investing;

(c) Credit and debt;

(d) Insurance and risk management, including but not limited to personal insurance policies;

(e) Taxes; and

(f) The necessity of critical review and understanding of documents prior to signing agreement or approval and the ability to provide a signature in cursive.

(5) The financial literacy course required in subsection (2) of this section shall be accepted as an elective course requirement for high school graduation notwithstanding any other provisions of law.

(6) In accordance with KRS 156.160, the Kentucky Board of Education shall promulgate administrative regulations establishing academic standards for financial literacy.

(7) The local superintendent, after consultation with the local board of education, school-based decision making council, and principal of each high school, shall determine curricula for course offerings that are aligned with the financial literacy academic standards promulgated by the Kentucky Board of Education.

(8) The Department of Education shall develop financial literacy guidelines for local schools and districts.

(9) Local schools and districts may consult with the Kentucky Financial Empowerment Commission established in KRS 41.450 when developing and implementing the financial literacy standards.

(10) The Department of Education shall identify through the system for uniform academic course codes, which courses meet the requirements for the financial literacy course required in subsection (2) of this section.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 58, sec. 1, effective June 27, 2025. -- Created 2018 Ky. Acts ch. 81, sec. 1, effective July 14, 2018.

158.1413 Essential workplace ethics instruction program -- Required biennial collaboration -- Symbol of attainment of essential workplace ethics indicators.

(1) Each school district shall implement essential workplace ethics programs that promote characteristics that are critical to success in the workplace. Each student in elementary, middle, and high school shall receive essential workplace ethics instruction that shall include but not be limited to:

(a) Adaptability, including an openness to learning and problem solving, an ability to embrace new ways of doing things, and a capability for critical thinking;

(b) Diligence, including seeing a task through to completion;

(c) Initiative, including taking appropriate action when needed without waiting for direct instruction;

(d) Knowledge, including exhibiting an understanding of work-related information, the ability to apply that understanding to a job, and effectively explain the concepts to colleagues in reading, writing, mathematics, science, and technology as required by the job;

(e) Reliability, including showing up on time, wearing appropriate attire, self- control, motivation, and ethical behavior;

(f) Remaining drug-free; and

(g) Working well with others, including effective communication skills, respect for different points of view and diversity of coworkers, the ability to cooperate and collaborate, enthusiasm, and the ability to provide appropriate leadership to or support for colleagues.

(2) (a) A school district shall use the essential workplace ethics characteristics listed in subsection (1) of this section when creating a program or when choosing an existing program.

(b) Each school district's local workforce investment board, in conjunction with local economic development organizations from its state regional sector, and other economic, workforce, or industry organizations the workforce investment board deems necessary, shall recommend to the school district best practices which may be used by schools to implement an essential workplace ethics program.

(3) Every odd-numbered year, each local school board shall collaborate with the local workforce investment board, in conjunction with local economic development organizations from its state regional sector, and other economic, workforce, or industry organizations the workforce investment board deems necessary, to establish essential workplace ethics indicators for middle and high school students that are aligned with the essential workplace ethics characteristics listed in subsection (1) of this section.

(4) Each local school board shall design and adopt a diploma seal, certificate, card, or other identifiable symbol to award students deemed as having minimally demonstrated attainment of the local board's essential workplace ethics indicators.

Effective: July 1, 2026

History: Amended 2026 Ky. Acts ch. 196, sec. 22, effective July 1, 2026. -- Created 2018 Ky. Acts ch. 158, sec. 1, effective July 14, 2018.

158.1415 Curriculum for instruction on human sexuality or sexually transmitted diseases -- Written consent of parents -- Notification to parents -- Provision of alternative curriculum -- Exceptions.

(1) If a school council or, if none exists, the principal adopts a curriculum for human sexuality or sexually transmitted diseases, instruction shall include but not be limited to the following content:

(a) Abstinence from sexual activity is the desirable goal for all school-age children;

(b) Abstinence from sexual activity is the only certain way to avoid unintended pregnancy, sexually transmitted diseases, and other associated health problems;

(c) The best way to avoid sexually transmitted diseases and other associated health problems is to establish a permanent mutually faithful monogamous relationship;

(d) A policy to respect parental rights by ensuring that:

1. Except as provided in subsection (4)(b) of this section, children in grade five (5) and below do not receive any instruction through curriculum or programs on human sexuality or sexually transmitted diseases; or

2. Any child, regardless of grade level, enrolled in the district does not receive any instruction or presentation that has a goal or purpose of students studying or exploring gender identity, gender expression, or sexual orientation; and

(e) A policy to notify a parent in advance and obtain the parent's written consent before the parent's child in grade six (6) or above receives any instruction through curriculum or programs on human sexuality or sexually transmitted diseases authorized in this section.

(2) Any course, curriculum, or program offered by a public school on the subject of human sexuality provided by school personnel or by third parties authorized by the school shall:

(a) Provide an alternative course, curriculum, or program without any penalty to the student's grade or standing for students whose parents have not provided written consent as required in subsection (1)(e) of this section;

(b) Be subject to an inspection by parents of participating students that allows parents to review the following materials:

1. Curriculum;

2. Instructional materials;

3. Lesson plans;

4. Assessments or tests;

5. Surveys or questionnaires;

6. Assignments; and

7. Instructional activities;

(c) Be developmentally appropriate; and

(d) Be limited to a curriculum that has been subject to the reasonable review and response by stakeholders in conformity with this subsection and KRS 160.345(2).

(3) A public school offering any course, curriculum, or program on the subject of human sexuality shall provide notification to the parents of a student at least two (2) weeks prior to the student's planned participation in the course, curriculum, or program. The notification shall:

(a) Inform the parents of the provisions of subsection (2) of this section;

(b) Provide the date the course, curriculum, or program is scheduled to begin;

(c) Detail the process for a parent to review the materials outlined in subsection

(2) of this section;

(d) Explain the process for a parent to provide written consent for the student's participation in the course, curriculum, or program; and

(e) Provide the contact information for the teacher or instructor of the course, curriculum, or program and a school administrator designated with oversight.

(4) Nothing in this section shall prohibit school personnel from:

(a) Discussing human sexuality, including the sexuality of any historic person, group, or public figure, where the discussion provides necessary context in relation to a topic of instruction from a curriculum approved pursuant to KRS 160.345;

(b) Providing age-appropriate instruction on child sexual abuse through curriculum or programs in accordance with the standards set forth by the National Children's Alliance and approved by the Children's Advocacy Centers of Kentucky, regardless of grade level; or

(c) Responding to a question from a student during class regarding human sexuality as it relates to a topic of instruction from a curriculum approved pursuant to KRS 160.345.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 149, sec. 3, effective June 27, 2025. -- Amended 2023 Ky. Acts ch. 132, sec. 2, effective March 29, 2023. -- Created 2018 Ky. Acts ch. 156, sec. 1, effective July 14, 2018.

158.142 Early high school graduation program -- Requirements -- Early Graduation Scholarship Certificate -- Award from early graduation scholarship trust fund.

(1) Beginning with the 2014-2015 school year, a public school student may complete an early high school graduation program and qualify for an Early Graduation Scholarship Certificate for use at a Kentucky public two (2) year community and technical college or a Kentucky four (4) year public or nonprofit, independent institution that is accredited by the Southern Association of Colleges and Schools, if conditions specified in this section are met.

(2) Each student desiring to complete an early graduation program shall indicate to the secondary school principal his or her intent prior to the beginning of grade nine (9) or as soon thereafter as the intent is known. The intent shall be indicated on a form provided by the Kentucky Department of Education and signed by the parent.

(3) For early graduation in accordance with this section, a student shall successfully complete the requirements for early high school graduation as established in administrative regulation by the Kentucky Board of Education.

(4) The Kentucky Board of Education or a local board of education shall not impose graduation requirements that would prohibit a student who is pursuing an early graduation program as described in this section from finishing high school in less than four (4) years.

(5) Students pursuing early graduation may take two (2) high school English courses in an academic year.

(6) Students pursuing early graduation may complete selected courses at the middle school level. Each school district is encouraged to provide access to all middle school students to English I and Algebra I courses for high school credit. Access may be provided by each middle school offering the course on-site or by the district providing transportation for students to a central location within the district, to a neighboring school within the district, or to a neighboring school district. The district may also provide access for the student to take these courses online based on the local board of education policy.

(7) (a) In addition to the regular high school diploma, a student who completes a program of study that meets the requirements of subsection (3) of this section shall receive an Early Graduation Scholarship Certificate signed by the high school principal and district superintendent.

(b) A student who earns an Early Graduation Scholarship Certificate shall be eligible for a scholarship award to be used at an institution described in subsection (1) of this section. The award amount shall be equal to one-half (1/2) of the state portion of the average statewide per pupil guaranteed base funding level as described in KRS 157.360 for the year in which the student graduates.

(c) The student shall be eligible for the scholarship award only for the next academic year following early graduation.

(d) Each public high school shall report all Early Graduation Scholarship Certificate recipients by July 1 for the previous academic year to the Kentucky Higher Education Assistance Authority.

(e) Each postsecondary institution described in subsection (1) of this section shall notify the Kentucky Higher Education Assistance Authority of students with an Early Graduation Scholarship Certificate who enroll in the institution. The authority shall disburse the award amount described in paragraph (b) of this subsection from the early graduation trust fund established by KRS 164.7892.

Effective: July 14, 2022

History: Amended 2022 Ky. Acts ch. 54, sec. 1, effective July 14, 2022. -- Created 2013 Ky. Acts ch. 104, sec. 1, effective June 25, 2013.

158.143 High school equivalency diploma -- Eligibility -- State agency child -- Student enrolled in district-operated alternative education program.

(1) Notwithstanding any other statute to the contrary, a state agency child, as defined in KRS 158.135(1), who is at least seventeen (17) years of age shall be eligible to seek attainment of a High School Equivalency Diploma.

(2) Notwithstanding any other statute to the contrary, a student enrolled in a district- operated alternative education program shall be eligible to seek attainment of a High School Equivalency Diploma if the student:

(a) Is at least seventeen (17) years of age;

(b) Is not on track to graduate, as defined by the local board of education policy; and

(c) Has previously attained a passing score on an official readiness test for a High School Equivalency Diploma program authorized by the Office of Adult Education pursuant to KRS 151B.403.

(3) Notwithstanding KRS 159.010 or any school district policy adopted pursuant to KRS 159.010, a student who has attained a High School Equivalency Diploma in accordance with subsection (1) or (2) of this section shall be exempt from compulsory attendance.

(4) A local board of education shall adopt a policy to define when a student enrolled in a district-operated alternative education program is not on track to graduate. The Kentucky Board of Education may publish a recommended model policy for local boards of education but shall not impose any restrictions or requirements upon the content of the local board policy.

Effective: July 14, 2022

History: Amended 2022 Ky. Acts ch. 78, sec. 1, effective July 14, 2022. -- Created 2017 Ky. Acts ch. 170, sec. 1, effective June 29, 2017.

158.144 Adult caregiver with whom minor student resides may, by affidavit, establish authority to make school-related decisions for minor student -- Conditions -- Caretaker's decision may be superseded -- Obligations and liability of person relying on affidavit of authority -- Revocation of affidavit -- Statute subordinate to federal law -- Penalty.

(1) As used in this section, "caregiver" has the same meaning as provided in KRS 405.024(1).

(2) (a) A caregiver may be authorized to make school-related decisions for a minor residing in the caregiver's home, including but not limited to decisions concerning enrollment, attendance, extracurricular activities, discipline, special education and related services, and other school-related activities, if the caregiver presents to the school a duly executed affidavit as described in KRS 405.024(2).

(b) A school shall honor a caregiver's authority to make school-related decisions for a minor residing in the caregiver's home if the caregiver presents the school with a duly executed affidavit as described in KRS 405.024(2). The affidavit shall be valid in the school district in which the caregiver resides, but a school official charged with the responsibility of enrolling a minor shall not honor the affidavit if the official has reasonable grounds to believe that the affidavit is presented solely for the purpose of enrolling the minor in a school for the purpose of:

1. Access to athletics programs; or

2. Circumventing the school assignment, attendance, or boundaries policies of the school district to gain access to curricula, services, or programs unique to a particular school and not offered at other schools the minor would be eligible to attend.

(3) A school-related decision made by a caregiver under the affidavit described in KRS 405.024(2) shall be superseded by a decision of a parent, de facto custodian as defined in KRS 403.270, guardian, or legal custodian of the minor. A school official shall refuse to honor a caregiver's decision if he or she has actual knowledge that a parent, de facto custodian as defined in KRS 403.270, guardian, or legal custodian has made a school-related decision superseding the decision of a caregiver.

(4) A person who relies in good faith on a duly executed affidavit as described in KRS 405.024(2) shall be under no obligation to undertake further investigation into the circumstances forming the basis of the caregiver's authority to make school-related decisions for the minor to whom the affidavit applies.

(5) A person who relies in good faith on a duly executed affidavit as described in KRS 405.024(2) in honoring a school-related decision of a caregiver shall not be subject to criminal or civil liability because of that reliance.

(6) An affidavit described in KRS 405.024(2) may be revoked by the minor's parent, de facto custodian, guardian, legal custodian, or caregiver, and shall be revoked if the minor to whom it applies ceases to reside with the caregiver. If an affidavit is revoked, the caregiver shall give written notice of revocation to any school to which the affidavit was presented for the purposes of enrolling the minor and establishing the caregiver's authority to make school-related decisions for the minor.

(7) The provisions of this section shall not supersede the provisions of:

(a) The Individuals with Disabilities Education Act, 20 U.S.C. secs. 1400 et seq., and its accompanying regulations at 34 C.F.R. pts. 300 et seq.;

(b) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. secs. 705(20) and 794 to 794b, and its accompanying regulations at 34 C.F.R. pts. 104 et seq.; and

(c) The Family Educational and Privacy Rights Act, 20 U.S.C. sec. 1232g, and its accompanying regulations at 34 C.F.R. pts. 99 et seq.

(8) A person who knowingly makes a false statement in an affidavit described in KRS 405.024(2) shall be guilty of a Class A misdemeanor as required under KRS 405.024(11).

Effective: July 15, 2014

History: Created 2014 Ky. Acts ch. 69, sec. 3, effective July 15, 2014.

158.145 Legislative findings and declarations on school dropout rate.

(1) The General Assembly hereby finds that:

(a) Little progress has been made in reducing the state's student dropout rate;

(b) The number of school dropouts in Kentucky is unacceptable;

(c) The factors, such as lack of academic success, poor school attendance, lack of parental support and encouragement, low socioeconomic status, poor health, child abuse, drug and alcohol addictions, alienation from school and community, and other factors that are associated with an increased probability of students dropping out of school, occur long before the end of compulsory school age;

(d) Students who drop out of school before graduation are less likely to have the basic capacities as defined in KRS 158.645 and the skills as defined in KRS 158.6451;

(e) The number of school dropouts seriously interferes with Kentucky's ability to develop and maintain a well-educated and highly trained workforce;

(f) The effects of students dropping out of school can be felt throughout all levels of society and generations in increased unemployment and underemployment, reduced personal and family incomes, increased crime, decreased educational, social, emotional, and physical well-being, and in increased needs for government services; and

(g) The positive reduction in school dropouts can only be achieved by comprehensive intervention and prevention strategies.

(2) The General Assembly declares on behalf of the people of the Commonwealth the following goals to be achieved by the year 2006:

(a) The statewide annual average school dropout rate will be cut by fifty percent (50%) of what it was in the year 2000. All students who drop out of a school during a school year and all students who have not graduated, fail to enroll in the school for the following school year, and do not transfer to another school, shall be included in the statewide annual average school dropout rate;

(b) No school will have an annual dropout rate that exceeds five percent (5%); and

(c) Each county will have thirty percent (30%) fewer adults between the ages of sixteen (16) and twenty-four (24) without a high school diploma or a High School Equivalency Diploma than the county had in the year 2000.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 63, sec. 12, effective June 29, 2017; and ch. 156, sec. 16, effective April 10, 2017. -- Amended 2004 Ky. Acts ch. 103, sec. 1, effective July 13, 2004. -- Created 2000 Ky. Acts ch. 452, sec. 1, effective July 14, 2000.

Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 63 and 156, which do not appear to be in conflict and have been codified together.

158.146 Establishment of strategy to address school dropout problem -- Department to provide technical assistance, award grants, and disseminate information to school districts and school level personnel.

(1) No later than December 30, 2000, the Kentucky Department of Education shall establish and implement a comprehensive statewide strategy to provide assistance to local districts and schools to address the student dropout problem in Kentucky public schools. In the development of the statewide strategy, the department shall engage private and public representatives who have an interest in the discussion. The statewide strategy shall build upon the existing programs and initiatives that have proven successful. The department shall also take into consideration the following:

(a) Analyses of annual district and school dropout data as submitted under KRS 158.148 and 158.6453;

(b) State and federal resources and programs, including, but not limited to, extended school services; early learning centers; family resource and youth service centers; alternative education services; preschool; service learning; drug and alcohol prevention programs; School-to-Careers; High Schools that Work; school safety grants; and other relevant programs and services that could be used in a multidimensional strategy;

(c) Comprehensive student programs and services that include, but are not limited to, identification, counseling, mentoring, and other educational strategies for elementary, middle, and high school students who are demonstrating little or no success in school, who have poor school attendance, or who possess other risk factors that contribute to the likelihood of their dropping out of school; and

(d) Evaluation procedures to measure progress within school districts, schools, and statewide.

(2) No state or federal funds for adult education and literacy, including but not limited to funds appropriated under KRS 151B.409 or 20 U.S.C. secs. 9201 et seq., shall be used to pay for a high school student enrolled in an alternative program operated or contracted by a school district leading to a certificate of completion or a High School Equivalency Diploma.

(3) The department, with assistance from appropriate agencies, shall provide technical assistance to districts requesting assistance with dropout prevention strategies and the development of district and schoolwide plans.

(4) The department shall award grants to local school districts for dropout prevention programs based upon available appropriations from the General Assembly and in compliance with administrative regulations promulgated by the Kentucky Board of Education for this purpose. Seventy-five percent (75%) of the available dropout funds shall be directed to services for at-risk elementary and middle school students, including, but not limited to, identification, counseling, home visitations, parental training, and other strategies to improve school attendance, school achievement, and to minimize at-risk factors. Twenty-five percent (25%) of the funds shall be directed to services for high school students identified as likely to drop out of school, including, but not limited to, counseling, tutoring, extra instructional support, alternative programming, and other appropriate strategies. Priority for grants shall be awarded to districts that average, over a three (3) year period, an annual dropout rate exceeding five percent (5%).

(5) The department shall disseminate information on best practices in dropout prevention in order to advance the knowledge for district and school level personnel to address the dropout problem effectively.

Effective: June 27, 2019

History: Amended 2019 Ky. Acts ch. 146, sec. 27, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 63, sec. 13, effective June 29, 2017. -- Amended 2004 Ky. Acts ch. 103, sec. 3, effective July 13, 2004. -- Created 2000 Ky. Acts ch. 452, sec. 2, effective July 14, 2000.

158.148 Definitions of "bullying" and "parent or guardian" -- Discipline guidelines, transportation services policy, and model policies -- Local code of acceptable behavior and discipline -- Required contents of code.

(1) As used in this section:

(a) 1. "Bullying" means any unwanted verbal, physical, or social behavior among students that involves a real or perceived power imbalance and is repeated or has the potential to be repeated:

a. That occurs on school premises, on school-sponsored transportation, or at a school-sponsored event; or

b. That disrupts the education process; and

2. This definition shall not be interpreted to prohibit civil exchange of opinions or debate or cultural practices protected under the state or federal Constitution where the opinion expressed does not otherwise materially or substantially disrupt the education process; and

(b) "Parent or guardian" means a parent, legal guardian, or other person exercising custodial control or supervision of a student.

(2) In cooperation with the Kentucky Education Association, the Kentucky School Boards Association, the Kentucky Association of School Administrators, the Kentucky Association of Professional Educators, the Kentucky Association of School Superintendents, the Parent-Teachers Association, the Kentucky Chamber of Commerce, the Farm Bureau, members of the Interim Joint Committee on Education, and other interested groups, and in collaboration with the Center for School Safety, the Department of Education shall develop or update as needed and distribute to all districts by August 31 of each even-numbered year:

(a) Statewide student discipline guidelines to ensure safe schools, including the definition of serious incident for the reporting purposes as identified in KRS 158.444;

(b) Statewide transportation services policy guidelines to ensure the safety of students, operators of vehicles, and other passengers using district-provided transportation;

(c) Recommendations designed to improve the learning environment and school climate, parental and community involvement in the schools, and student achievement; and

(d) Model policies to implement the provisions of this section and KRS 158.110, 158.156, 158.444, 525.070, and 525.080.

(3) The department shall obtain statewide data on major discipline problems and reasons why students drop out of school. In addition, the department, in collaboration with the Center for School Safety, shall identify successful strategies currently being used in programs in Kentucky and in other states and shall incorporate those strategies into the statewide student discipline guidelines, transportation services policy guidelines, and the recommendations under subsection (2) of this section.

(4) Copies of the statewide student discipline guidelines and the transportation services policy guidelines shall be distributed to all school districts. The statewide student discipline guidelines shall contain broad principles and legal requirements to guide local districts in the development of their own code of acceptable behavior and discipline; the selection of discipline and classroom management techniques by school councils under KRS 158.155 and 160.345; the development of the district transportation services policy; and the development of the district-wide safety plan.

(5) (a) Each local board of education shall adopt a code of acceptable behavior and discipline based on the statewide student discipline guidelines that shall apply to the students in each school operated by the board. The code shall be updated no less frequently than every two (2) years.

(b) The superintendent, or designee, shall be responsible for overall implementation and supervision, and each school principal shall be responsible for administration and implementation within each school. Each school council shall select and implement the appropriate discipline and classroom management techniques necessary to carry out the code. The board shall establish a process for a two-way communication system for teachers and other employees to notify a principal, supervisor, or other administrator of an emergency.

(c) The code shall prohibit bullying.

(d) The code shall contain the standard of behavior expected from each student, the consequences of failure to obey the standards, and the importance of the standards to the maintenance of a safe learning environment where orderly learning is possible and encouraged.

(e) The code shall contain:

1. Procedures for identifying, documenting, and reporting incidents of bullying, incidents of violations of the code, and incidents for which reporting is required under KRS 158.156;

2. Procedures for investigating and responding to a complaint or a report of bullying or a violation of the code, or of an incident for which reporting is required under KRS 158.156, including reporting incidents to the parents or guardians of the students involved;

3. A strategy or method of protecting a complainant or person reporting:

a. An incident of bullying;

b. A violation of the code; or

c. An incident for which reporting is required under KRS 158.156; from retaliation;

4. A process for informing students, parents or guardians, and school employees of the requirements of the code and the provisions of this section and KRS 158.156, 158.444, 525.070, and 525.080, including training for school employees; and

5. Information regarding the consequences of bullying and violating the code and violations reportable under KRS 158.155, 158.156, or 158.444.

(f) The principal of each school shall apply the code of acceptable behavior and discipline uniformly and fairly to each student at the school without partiality or discrimination.

(g) A copy of the code of acceptable behavior and discipline adopted by the board of education shall be posted at each school. Guidance counselors shall be provided copies for discussion with students. The code shall be referenced in all school handbooks. All school employees and parents or guardians shall be provided copies of the code.

(6) (a) Each local board of education shall adopt a transportation services policy to apply to students while on transportation provided for or by the district, and to their parents or guardians. The policy shall be updated no less frequently than every two (2) years, with the first update being completed by the first instructional day of the 2024-2025 school year.

(b) The superintendent or designee shall be responsible for overall implementation and supervision. The board shall select and implement the appropriate discipline and transportation management techniques necessary to carry out the policy. The board shall establish a process for a two-way communication system for bus drivers and other employees, volunteers, or contractors to notify a supervisor, superintendent, or other administrator of an emergency.

(c) The policy shall contain the standard of behavior expected from each student while being transported by or for the district and the consequences of failure to obey the standards. The policy shall include:

1. Procedures for identifying, documenting, and reporting incidents of bullying, incidents of violations of the policy, and incidents for which reporting is required under KRS 158.156;

2. Procedures for investigating and responding to a complaint or a report of bullying or a violation of the policy, or of an incident for which reporting is required under KRS 158.156, including reporting incidents to the parents or guardians of the students involved;

3. A strategy or method of protecting a complainant or person reporting a violation of the policy from retaliation;

4. When a student is alleged by an operator of transportation to have committed a violation of the policy that places the student or others at risk of physical harm or otherwise makes it unsafe for the driver to continue transporting students, and as permitted by state and federal law, a process that allows the operator of the vehicle to:

a. Refuse further transportation of the student at the time of the incident, upon notification of the emergency pursuant to paragraph

(b) of this subsection, and transfer the student to:

i. An appropriate district official who has reported to the location of the vehicle;

ii. An appropriate district official located at a location designated in the transportation services policy or by an appropriate district official, including but not limited to a bus compound or transfer station;

iii. Law enforcement; or

iv. The student's parent or guardian; and

b. Upon filing and submitting a written report to the superintendent or designee, refuse future transportation of the student until an interim or final determination of disciplinary action by the superintendent or designee pursuant to local board policy;

5. For alleged violations of the policy not covered by subparagraph 4. of this paragraph and submitted by the operator of the vehicle, a requirement that the superintendent or designee issue an interim or final determination of disciplinary action pursuant to local board policy within one (1) week of the report being submitted;

6. A process allowing for the operator of a vehicle to:

a. File a written or electronic complaint or report of the misconduct, including a recommendation regarding revocation of the student's transportation privileges; and

b. Be heard during any disciplinary proceedings against a student relating, at least in part, to misconduct that occurred during the operator's transportation of the student;

7. A requirement that any recommendation by the operator of a vehicle shall be considered by the superintendent or designee as a factor in the interim or final determination of disciplinary action on the complaint or report;

8. A requirement that the operator of a vehicle, to the extent permitted by law, receive written notice from the superintendent or designee of the investigation, disciplinary action imposed, and reasoning in response to the reported misconduct; and

9. A disciplinary structure that provides for:

a. Interventions or disciplinary consequences that reflect the severity of the violation; and

b. Increased intervention and consequences upon subsequent violations of the policy.

(d) The policy shall contain the standard of behavior expected from parents or guardians of students being transported by or for the district while interacting with district transportation staff and the consequences of failure to follow the standards. The policy shall include:

1. Procedures for investigating and responding to a complaint or report made by an operator of transportation alleging parent or legal guardian misconduct;

2. A requirement that the operator of a vehicle be provided an opportunity to be heard and to make a recommendation regarding future transportation of the student during any disciplinary proceedings relating, at least in part, to alleged misconduct by the student's parent or guardian and the impact upon a student's transportation privileges; and

3. An intervention or consequences structure that provides for the placement of conditions upon or revocation of a student's transportation privileges based upon parent or guardian misconduct that provides for:

a. Interventions or consequences that reflect the severity of the parent or guardian's misconduct; and

b. Increased intervention and consequences upon subsequent violations of the policy.

(e) The policy shall include references to relevant criminal violations based on potential misconduct covered by the policy, including but not limited to the following statements:

1. "KRS 511.020 makes it a Class B felony for a person, with the intent to commit a crime, knowingly entering or remaining unlawfully upon a school bus, and when in effecting entry or while upon the school bus or in the immediate flight therefrom, the person or another participant in the crime causes physical injury to another person or uses or threatens the use of a dangerous instrument against another person.";

2. "KRS 508.078 makes it a Class C felony for a person to intentionally threaten to commit any act likely to result in death or serious physical injury to any employee of an elementary or secondary school, which includes a school bus driver.";

3. "KRS 508.025 makes it a Class D felony for a person to recklessly, with a deadly weapon or dangerous instrument, or intentionally cause or attempt to cause physical injury to a school bus driver or other school employee acting in the course and scope of their employment.";

4. "KRS 519.020 makes it a Class A misdemeanor for a person to obstruct governmental operations, which includes intentionally obstructing, impairing, or hindering the performance of a governmental function by using or threatening to use violence, force or physical interference."; and

5. "KRS 525.070 makes it a Class B misdemeanor for a person, with intent to intimidate, harass, annoy, or alarm another person, to strike, shove, kick, or otherwise subject another to physical contact.".

(f) The policy shall include a process for an operator of a vehicle, upon the reinstatement of a student's transportation privileges after an interim or final determination of disciplinary action, to elect to receive an alternate route assignment in lieu of transporting the student.

(g) The superintendent or designee of each district shall apply the transportation services policy uniformly and fairly to each student without partiality or discrimination.

(h) The superintendent or designee shall require every student in the district and at least one (1) parent or guardian of each student to acknowledge in writing the receipt, comprehension, and agreement of adherence to the transportation safety policy within seven (7) days of the student's first day of attendance during each school year. Failure to submit written acknowledgement by a student or their parent or guardian may be grounds for revocation of a student's transportation privileges until the acknowledgment is properly received.

(7) Any action under this section related to students with disabilities shall be in compliance with applicable federal law.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 9, sec. 2, effective July 15, 2024; and ch. 174, sec. 37, effective July 15, 2024. -- Amended 2016 Ky. Acts ch. 81, sec. 1, effective July 15, 2016. -- Amended 2014 Ky. Acts ch. 132, sec. 12, effective July 15, 2014. -- Amended 2008 Ky. Acts ch. 125, sec. 3, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 452, sec. 4, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 493, sec. 11, effective April 10, 1998. -- Amended 1996 Ky. Acts ch. 8, sec. 1, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 204, effective July 13, 1990. -- Amended 1985 (1st Extra. Sess.) Ky. Acts ch. 10, sec. 13, effective October 18, 1985. -- Created 1984 Ky. Acts ch. 397, sec. 3, effective July 13, 1984.

Legislative Research Commission Note (7/15/2024). This statute was amended by 2024 Ky. Acts chs. 9 and 174, which do not appear to be in conflict and have been codified together.

Legislative Research Commission Note (7/15/2016). In codification, the Reviser of Statutes has altered the internal numbering of subsection (5) of this statute from the way it appeared in 2016 Ky. Acts ch. 81, sec. 1 under the authority of KRS 7.136(1)(a).

158.149 Use of tobacco products, alternative nicotine products, and vapor products

on school property and during school activities -- Written policies -- Penalties - - Department to post nicotine awareness information on website -- Annual reports.

(1) As used in this section:

(a) "Alternative nicotine product" has the same meaning as in KRS 438.305;

(b) "Tobacco product" has the same meaning as in KRS 438.305; and

(c) "Vapor product" has the same meaning as in KRS 438.305.

(2) The use of any tobacco product, alternative nicotine product, or vapor product:

(a) Shall be prohibited for all persons and at all times on or in all property, including any vehicle, that is owned, operated, leased, or contracted for use by a local board of education;

(b) Shall be prohibited for all students while attending or participating in any school-related student trip or student activity; and

(c) Shall be prohibited for school district employees, volunteers, and all other individuals affiliated with a school while the user is attending or participating in any school-related student trip or student activity and is in the presence of a student or students.

(3) Each local board of education shall implement this section by adopting written policies that prohibit the use of tobacco products, alternative nicotine products, and vapor products pursuant to this section. The policies shall provide for:

(a) The distribution of evidence-based, age-appropriate nicotine prevention and cessation material to all students of the district at the beginning of each school year;

(b) Access to evidence-based, age-appropriate nicotine prevention and cessation material throughout the school year for all students of the district;

(c) Adequate notice regarding the policy to be provided to students, parents and guardians, school employees, and the general public;

(d) A requirement to post signage on or in all property, including any vehicle, that is owned, operated, leased, or contracted for use by a local board of education, clearly stating that use of tobacco products, alternative nicotine products, and vapor products is prohibited at all times and by all persons on or in the property; and

(e) A requirement that school employees enforce the policies.

(4) (a) A person who violates subsection (2) of this section, or policies adopted by a local board of education pursuant to subsection (3) of this section, shall be subject to penalties as set forth by the local board of education.

(b) In the district's code of acceptable behavior and discipline formulated under KRS 158.148(5), each local board of education shall include a policy which, at a minimum, provides that if a student under the age of twenty-one (21) violates subsection (2) of this section, then the district will confiscate the alternative nicotine products, tobacco products, or vapor products and:

1. For the first incident, the school counselor or other school-based mental health services provider shall provide to the parent or guardian and the student evidence-based, age-appropriate nicotine cessation information to include but not be limited to materials, programs, and referrals for treatment;

2. A second incident shall result in providing information as required in subparagraph 1. of this paragraph and disciplinary action as determined by the board and included in the district's code of acceptable behavior and discipline; and

3. The third and subsequent incidents may result in an in-school or out-of- school suspension of that student. The school shall provide the opportunity for a student to complete an evidence-based, age- appropriate nicotine education program during an in-school suspension.

(5) Nothing in this section shall be interpreted or construed to:

(a) Permit use of a tobacco product, alternative nicotine product, or vapor product, where it is otherwise restricted by this section, other state or federal law, administrative regulation, or executive order;

(b) Prevent a local board of education or any other local governmental entity from adopting local ordinances, regulations, or policies relating to use of a tobacco product, alternative nicotine product, or a vapor product, in public places of employment, and nonenclosed areas, that are more restrictive than what is provided for in this section; or

(c) Repeal any existing local ordinances, regulations, or policies that provide restrictions on the use of a tobacco product, alternative nicotine product, or vapor product, in addition to those provided for in this section.

(6) By August 1, 2024, the department, after consultation with the Cabinet for Health and Family Services, shall post on its website nicotine awareness information to include but not be limited to the various types of products containing nicotine, the health issues associated with nicotine, and a list of evidence-based cessation programs available to school districts.

(7) The department, regional educational cooperatives, and local boards of education may identify and apply for grant opportunities relating to nicotine usage, including but not limited to nicotine cessation, vaping, and tobacco products containing nicotine, and the health consequences of the use of nicotine products.

(8) No later than August 1 of each year, each local board of education shall submit a report to the department that includes:

(a) The number of behavior incidents for each product defined in subsection (1) of this section, listed by school and grade; and

(b) The number of incidents in paragraph (a) of this subsection for which medical intervention was provided, listed by school, grade, and product.

(9) No later than September 1 of each year, the department shall submit a report to the Legislative Research Commission for referral to the Interim Joint Committee on Education that compiles all of the data required in subsection (8) of this section.

Effective: July 15, 2024

History: Repealed, reenacted, and amended 2024 Ky. Acts ch. 149, sec. 1, effective July 15, 2024. -- Created 2019 Ky. Acts ch. 198, sec. 1, effective June 27, 2019. Formerly codified as KRS438.345.

158.150 Suspension or expulsion of students -- Alternative program or other intervention -- Removal from classroom -- Return of expelled student to school district.

(1) All students admitted to the common schools shall comply with the lawful regulations for the government of the schools:

(a) Willful disobedience or defiance of the authority of the teachers or administrators, use of profanity or vulgarity, assault or battery or abuse of other students, the threat of force or violence, the use or possession of alcohol or drugs, stealing or destruction or defacing of school property or personal property of students, the carrying or use of weapons or dangerous instruments, or other incorrigible bad conduct on school property, as well as off school property at school-sponsored activities, constitutes cause for suspension or expulsion from school; and

(b) Assault or battery or abuse of school personnel; stealing or willfully or wantonly defacing, destroying, or damaging the personal property of school personnel on school property, off school property, or at school-sponsored activities constitutes cause for suspension or expulsion from school.

(2) (a) Each local board of education shall adopt a policy requiring the expulsion from school for a period of at least twelve (12) months for a student who:

1. Is determined by the board through clear and convincing evidence to have made threats that pose a danger to the well-being of students, faculty, or staff of the district;

2. Is determined by the board to have brought a weapon to a school under its jurisdiction. In determining whether a student has brought a weapon to school, a local board of education shall:

a. Use the definition of "unlawful possession of a weapon on school property" described in KRS 527.070; and

b. Include bus stops; or

3. Is in grade six (6) to twelve (12) and is determined by the board to have recklessly, with a deadly weapon or dangerous instrument, or intentionally caused or attempted to cause physical injury to a school district employee on school property or at a school function under the board's jurisdiction. In considering the actions of a student under this subparagraph, a local board of education shall use the definitions of "dangerous instrument," "deadly weapon," and "physical injury" in KRS 500.080, and "intentionally" and "recklessly" in KRS 501.020.

(b) The board shall also adopt a policy requiring disciplinary actions, up to and including expulsion from school, for a student who is determined by the board to have:

1. Possessed prescription drugs or controlled substances for the purpose of sale or distribution at a school under the board's jurisdiction;

2. Physically assaulted, battered, or abused another student on school property, at a bus stop, or at a school function under the board's jurisdiction; or

3. Physically assaulted, battered, or abused school personnel or other students off school property and the incident is likely to substantially disrupt the educational process.

(c) As used in this subsection:

1. "Bus stop" means a location where students wait for, board, or disembark a school bus of the school district while those actions are occurring; and

2. "School personnel" shall not include a student who is employed by a school or enrolled in any school-based apprenticeship program.

(3) (a) The board may modify the expulsion requirement and length for students on a case-by-case basis, except the length of expulsion shall be at least twelve (12) months for a violation set forth in subsection (2)(a) of this section.

(b) This section shall not prohibit a board from expelling a student for longer than twelve (12) months.

(c) 1. A board that has expelled a student from the student's regular school setting shall provide or ensure that educational services are provided to the student in an appropriate alternative program or setting, unless the board has made a determination, on the record, supported by clear and convincing evidence, that the expelled student posed a threat to the safety of other students or school staff and could not be placed into anappropriate alternative program or setting. Behavior which constitutes a threat shall include but not be limited to the physical assault, battery, or abuse of others; the threat of physical force; being under the influence of drugs or alcohol; the use, possession, sale, or transfer of drugs or alcohol; the carrying, possessing, or transfer of weapons or dangerous instruments; and any other behavior which may endanger the safety of others. Other intervention services as indicated for each student may be provided by the board or by agreement with the appropriate state or community agency. The board may refer the student for evaluation or treatment by the appropriate state or community agency, and may provide other intervention as indicated for each student. A state agency that provides the service shall be responsible for the cost.

2. For purposes of this paragraph, "appropriate alternative program or setting" means a program or setting that is not in the school building the student would otherwise attend, and includes but is not limited to a virtual program as defined in KRS 157.320 and a state-funded agency program.

3. Educational services provided to an expelled student under this paragraph shall not include transportation from the student's residence to, or returning from, an appropriate alternative program or setting.

4. An expelled student shall not participate in any school-sponsored extracurricular or interscholastic activity of the district while the student is expelled.

(d) 1. In lieu of expelling a student, or upon the expiration of a student's expulsion, a superintendent may place a student into an alternative program or setting if the superintendent determines placement of the student in his or her regular school setting is likely to substantially disrupt the education process or constitutes a threat to the safety of other students or school staff. The action shall not be taken until the parent, guardian, or other person having legal custody or control of the student has had an opportunity to have a hearing before the board or an appeals committee as described in subparagraph 2. of this paragraph.

2. The board may adopt a policy to establish an appeals committee and delegate the authority to hear appeals made under this paragraph to that committee.

3. The alternative program or setting may be provided virtually.

4. Notwithstanding any other statute or administrative regulation to the contrary, students placed in an alternative program or setting under this paragraph shall be counted in attendance and membership for state funding purposes in the same manner as other students participating in alternative programs of the district.

5. Students placed in an alternative program or setting under this paragraph shall be subject to compulsory attendance requirements under KRS Chapter 159 and applicable local board policy.

6. Following the initial alternative placement of a student under this paragraph, the board shall review the alternative program or setting placement at least once per year and determine if the placement should be continued in accordance with subparagraph 1. of this paragraph.

(4) For purposes of this subsection, "charges" means substantiated behavior that falls within the grounds for suspension or expulsion enumerated in subsection (1) of this section, including behavior committed by a student while enrolled in a private or public school, or in a school within another state. A school board may adopt a policy providing that, if a student is suspended or expelled for any reason or faces charges that may lead to suspension or expulsion but withdraws prior to a hearing from any public or private school in this or any other state, the receiving district may review the details of the charges, suspension, or expulsion and determine if the student will be admitted, and if so, what conditions may be imposed upon the admission, which may include placement of the student into an alternative program or setting as described in subsection (3)(d) of this section.

(5) (a) School administrators, teachers, or other school personnel may immediately remove or cause to be removed threatening or violent students from a classroom setting or from the district transportation system pending any further disciplinary action that may occur. Each board of education shall adopt a policy to assure the implementation of this section and to assure the safety of the students and staff.

(b) Except as described in subsection (10) of this section:

1. A principal may establish procedures for a student's removal from and reentry to the classroom when the student's behavior disrupts the classroom environment and education process or the student challenges the authority of a supervising adult. In addition to removal, the student shall be subject to further discipline for the behavior consistent with the school's code of conduct;

2. A student who is removed from the same classroom three (3) times within a thirty (30) day period shall be considered chronically disruptive and may be suspended from school in accordance with this section, and no other basis for suspension shall be deemed necessary;

3. At any time during the school year, for a student who has been removed from the classroom under this paragraph, a principal may require a review of the classroom issues with the teacher and the parent, guardian, or other person having legal custody or control of the student and determine a course of action for the teacher and student regarding the student's continued placement in the classroom;

4. At any time during the school year, a principal may permanently remove a student from a classroom for the remainder of the school year if the principal determines the student's continued placement in the classroom will chronically disrupt the education process for other students;

5. When a student is removed from a classroom under this paragraph temporarily or permanently, the principal shall determine the placement of the student in lieu of that classroom, which may include but is not limited to:

a. Another classroom in that school; or

b. An alternative program or setting, which may be provided virtually, as approved by the superintendent;

6. Any permanent action by a principal under this paragraph shall be subject to an appeal process in accordance with a policy adopted by the board; and

7. Policies compliant with this paragraph shall be included in the code of behavior and discipline adopted by the board of education under KRS 158.148 and the policies adopted by the school council under KRS 160.345.

(6) A student shall not be suspended from the common schools until after at least the following due process procedures have been provided:

(a) The student has been given oral or written notice of the charge or charges against him or her which constitute cause for suspension;

(b) The student has been given an explanation of the evidence of the charge or charges if the student denies them; and

(c) The student has been given an opportunity to present his or her own version of the facts relating to the charge or charges. These due process procedures shall precede any suspension from the common schools unless immediate suspension is essential to protect persons or property or to avoid disruption of the ongoing academic process. In such cases, the due process procedures outlined above shall follow the suspension as soon as practicable, but no later than three (3) school days after the suspension.

(7) (a) The superintendent, principal, assistant principal, or head teacher of any school may suspend a student but shall report the action in writing immediately to the superintendent and to the parent, guardian, or other person having legal custody or control of the student.

(b) 1. The board of education of any school district may expel or extend the expulsion of any student for misconduct as described in subsection (1) of this section, but the action shall not be taken until the parent, guardian, or other person having legal custody or control of the student has had an opportunity to have a hearing before the board. The decision of the board shall be final.

2. Within thirty (30) days prior to the end of a student's expulsion, the board shall review the details of the expulsion and current factors and circumstances, including if ending the expulsion will substantially disrupt the education process or constitute a threat to the safety of students or school staff, to determine if the expulsion shall be extended for a period not to exceed twelve (12) months.

3. The expulsion review process shall be used prior to the end of each expulsion period until the board ends the expulsion or the student is no longer subject to compulsory attendance under KRS 159.010.

4. Each board of education shall adopt a policy for implementation of the process described in this paragraph.

(8) (a) Suspension of exceptional children, as defined in KRS 157.200, shall be considered a change of educational placement if:

1. The child is removed for more than ten (10) consecutive days during a school year; or

2. The child is subjected to a series of removals that constitute a pattern because the removals accumulate to more than ten (10) school days during a school year and because of other factors, such as the length of each removal, the total amount of time the child is removed, and the proximity of removals to one another.

(b) The admissions and release committee shall meet to review the placement and make a recommendation for continued placement or a change in placement and determine whether regular suspension or expulsion procedures apply. Additional evaluations shall be completed, if necessary.

(c) If the admissions and release committee determines that an exceptional child's behavior is related to his or her disability, the child shall not be suspended any further or expelled unless the current placement could result in injury to the child, other children, or the educational personnel, in which case an appropriate alternative placement shall be provided that will provide for the child's educational needs and will provide a safe learning and teaching environment for all. If the admissions and release committee determines that the behavior is not related to the disability, the local educational agency may pursue its regular suspension or expulsion procedure for the child, if the behavior so warrants. However, educational services shall not be terminated during a period of expulsion and during a suspension after a student is suspended for more than a total of ten (10) days during a school year. A district may seek temporary injunctive relief through the courts if the parent and the other members of the admissions and release committee cannot agree upon a placement and the current placement will likely result in injury to the student or others.

(9) Suspension of primary school students shall be considered only in exceptional cases where there are safety issues for the child or others.

(10) Any action under this section related to students with disabilities shall be in compliance with applicable federal law.

(11) This section shall not be interpreted or construed to preclude the requirements contained in KRS 158.305 or 158.4416.

(12) Notwithstanding the term of an expulsion established under this section or by the board, an expelled student shall be allowed to return to the school district subject to the following:

(a) At least twenty-six (26) weeks shall have passed since the student was expelled;

(b) The student was expelled pursuant to subsection (2)(a)3. of this section and had not previously been expelled;

(c) The expelled student shall have:

1. Written and submitted a letter to any person injured by the actions that resulted in the expulsion and to the adjudicating body established in paragraph (d) of this subsection that requests the end of the student's expulsion;

2. Completed a total number of community service hours that is at least equal to fifteen (15) hours for each week since the student was expelled;

3. Earned a cumulative grade point average of at least three (3) on any coursework completed since the student was expelled; and

4. Any other requirements established by the board; and

(d) Upon satisfying all requirements established in paragraphs (a), (b), and (c) of this subsection, an adjudicating body shall review the expelled student's request to end the expulsion. The adjudicating body shall:

1. Be composed of the superintendent or designee, the principal or designee, and any individual person injured by the actions that resulted in the expulsion;

2. Review the expelled student's request and evidence of satisfying the requirements under paragraphs (a), (b), and (c) of this subsection; and

3. Only authorize the end of the student's expulsion upon unanimous agreement of the members of the adjudicating body.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 50, sec. 1, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 76, sec. 1, effective June 29, 2023. -- Amended 2006 Ky. Acts ch. 139, sec. 1, effective July 12, 2006. -- Amended 2001 Ky. Acts ch. 95, sec. 1, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 493, sec. 12, effective April 10, 1998. -- Amended 1996 Ky. Acts ch. 51, sec. 1, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 378, sec. 1, effective July 14, 1992. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 401, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 255, sec. 2, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 12, sec. 1, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 271, sec. 1, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-9.

158.153 Punishment based on child's records -- Disclosure of records -- Cause of action -- Districtwide standards of behavior for students participating in extracurricular activities.

(1) Unless the action is taken pursuant to KRS 158.150, no school, school administrator, teacher, or other school employee shall expel or punish a child based on information contained in a record of an adjudication of delinquency or conviction of an offense received by the school pursuant to KRS 610.345 or from any other source. Nothing in this subsection shall be construed to prohibit a local school board or school official from instituting disciplinary proceedings against any student for violating the discipline policy of the school or school district or taking actions necessary to protect staff and students. Actions to protect staff and students may be taken only after the principal makes a determination that the conduct of the student reflected in the records of the school or obtained by the school from the court indicates a substantial likelihood of an immediate and continuing threat that the student will cause harm to students or staff, and that the restrictions to be ordered represent the least restrictive alternative available and appropriate to remedy the threat, and that the determination and supporting material be documented in the child's record. The action of the principal, in addition to or in lieu of any other procedure available, may be appealed by the child or the child's parent or guardian to the superintendent of the school system or to the Circuit Court in the county in which the school is located, and the appealing party may be represented by counsel.

(2) Except as provided in KRS 610.345, no school, school administrator, teacher, or other school employee who has custody of records received or maintained by the school pursuant to KRS 610.345 or who has received information contained in or relating to a record received by the school pursuant to KRS 610.345 shall disclose the fact of the record's existence, or any information contained in the record or received from the record to any other person, including but not limited to other teachers, school employees, pupils, or parents other than the pupil, or parents of the pupil who is the subject of the record.

(3) The child and his parent or guardian shall have a civil cause of action against the school board and against any school administrator violating subsection (1) or (2) of this section or divulging information in violation of KRS 610.345 or 610.340. This civil cause of action shall be in addition to any other criminal or administrative remedy provided by law.

(4) Nothing in this section shall be construed to prohibit a local board of education from establishing districtwide standards of behavior for students who participate in extracurricular and cocurricular activities, including athletics. A school principal may deny or terminate a student's eligibility to participate in extracurricular or cocurricular activities if the student has violated the local district behavior standards or the council's criteria for participation, as described in KRS 160.345(2)(i)8. A student's right to participate in extracurricular or cocurricular activities, including athletics, may be suspended, pending investigation of an allegation that the standards of behavior have been violated.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 51, sec. 3, effective July 15, 2024. -- Amended 1998 Ky. Acts ch. 107, sec. 1, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 358, sec. 61, effective July 15, 1996.

Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(2), this statute becomes effective July 15, 1996.

158.154 Repealed, 2024.

[Repealed]

158.155 Reporting of specified incidents of student conduct -- Notation on school records -- Report to law enforcement of certain student conduct -- Immunity -- Reports filed by law enforcement agency created by local board of education.

(1) Any school employee who knows or has reasonable cause to believe that a person has made threats or plans of violence which are intended to target a school or students or who knows that a firearm is present on school property in violation of KRS 527.070 shall immediately cause a report to be made pursuant to subsection

(10) of this section.

(2) Any school employee shall immediately report pursuant to subsection (10) of this section any act which the employee has a reasonable cause to believe has occurred on school property or at a school-sponsored or sanctioned event involving:

(a) Intentional physical injury, or intentional attempt to cause physical injury, as defined in KRS 500.080, of any school employee;

(b) Intentional assault resulting in serious physical injury, as defined in KRS 500.080;

(c) A sexual offense;

(d) Kidnapping;

(e) Assault with the use of a weapon;

(f) Possession of a firearm or deadly weapon in violation of the law;

(g) The use, possession, or sale of a controlled substance in violation of the law; or

(h) Intentional or wanton damage to property causing a pecuniary loss of five hundred dollars ($500) or more.

(3) Any school employee who receives information from a student or other person of conduct which is required to be reported under subsection (1) or (2) of this section shall report the conduct pursuant to subsection (10) of this section, unless the school employee has cause to believe a student's disability interfered with his or her ability to conform to the student code of conduct.

(4) If a student has been adjudicated guilty of an offense specified in this subsection or has been expelled from school for an offense specified in this subsection, prior to a student's admission to any school, the parent, guardian, principal, or other person or agency responsible for a student shall provide to the school a sworn statement or affirmation indicating on a form provided by the Kentucky Board of Education that the student has been adjudicated guilty or expelled from school attendance at a public or private school in this state or another state for homicide, assault, or an offense in violation of state law or school regulations relating to weapons, alcohol, or drugs. The sworn statement or affirmation shall be sent to the receiving school within five (5) working days of the time when the student requests enrollment in the new school.

(5) If any student who has been expelled from attendance at a public or private school in this state for homicide, assault, or an offense in violation of state law or school regulations relating to weapons, alcohol, or drugs requests transfer of his or her records, those records shall reflect the charges and final disposition of the expulsion proceedings.

(6) If any student who is subject to an expulsion proceeding at a public or private school in this state for homicide, assault, or an offense in violation of state law or school regulations relating to weapons, alcohol, or drugs requests transfer of his or her records to a new school, the records shall not be transferred until that proceeding has been terminated and shall reflect the charges and any final disposition of the expulsion proceedings.

(7) The husband-wife privilege of KRE 504 or any professional-client privilege, including those set forth in KRE 506 and 507, shall not be a ground for refusing to make a report required under this section or for excluding evidence in a judicial proceeding of the making of a report and of the conduct giving rise to the making of a report. However, the attorney-client privilege of KRE 503 and the religious privilege of KRE 505 are grounds for refusing to make a report or for excluding evidence as to the report and the underlying conduct.

(8) This section shall not be construed as to require self-incrimination.

(9) A person acting upon reasonable cause in the making of a report under this section in good faith shall be immune from any civil or criminal liability that might otherwise be incurred or imposed from:

(a) Making the report; and

(b) Participating in any judicial proceeding that resulted from the report.

(10) Notice required pursuant to this section shall be given to:

(a) Any law enforcement agency created by the local board of education;

(b) A local law enforcement agency not created by the local board of education; or

(c) The Department of Kentucky State Police.

(11) (a) A local board of education that has created a law enforcement agency shall designate a local law enforcement agency not created by the local board of education to receive reporting information from the law enforcement agency created by the local board of education.

(b) A law enforcement agency created by the local board of education shall file a report each week with the local law enforcement agency designated pursuant to paragraph (a) of this subsection identifying all reports received pursuant to this section by the law enforcement agency created by the local board of education during the preceding week.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 50, sec. 2, effective July 15, 2026. -- Amended 2024 Ky. Acts ch. 174, sec. 36, effective July 15, 2024. -- Amended 2007 Ky. Acts ch. 85, sec. 167, effective June 26, 2007. -- Amended 2004 Ky. Acts ch. 185, sec. 2, effective July 13, 2004. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 471, sec. 1, effective July 15, 1994.

Legislative Research Commission Note (7/15/94). A comma has been added after the second use of the word "premises" in paragraph (b) of subsection (4) of this statute. The drafter of 1994 Ky. Acts ch. 471 advises and the context clearly establishes that the omission of this comma in that Act was a manifest clerical or typographical error. See KRS 7.136(1)(h).

158.1559 Superintendent of each local school district shall require the principal of each school within the district to provide written notice to all students, parents, and guardians about the provisions of KRS 508.078, and the potential penalties for terroristic threatening -- Notice shall be given within ten days of the first instructional day of each school year.

The superintendent of each local school district shall require the principal of each school within the district to provide written notice to all students, parents, and guardians of students within ten (10) days of the first instructional day of each school year of the provisions of KRS 508.078 and potential penalties under KRS 532.060 and 534.030 upon conviction.

Effective:March 11, 2019

History: Created 2019 Ky. Acts ch. 5, sec. 22, effective March 11, 2019.

158.156 Reporting of commission of felony KRS Chapter 508 offense against a student -- Investigation -- Immunity from liability for reporting -- Privileges no bar to reporting.

(1) Any employee of a school or a local board of education who knows or has reasonable cause to believe that a school student has been the victim of a violation of any felony offense specified in KRS Chapter 508 committed by another student while on school premises, on school-sponsored transportation, or at a school- sponsored event shall immediately cause an oral or written report to be made to the principal of the school attended by the victim. The principal shall notify the parents, legal guardians, or other persons exercising custodial control or supervision of the student when the student is involved in an incident reportable under this section. The principal shall file with the local school board and the local law enforcement agency or the Department of Kentucky State Police or the county attorney within forty-eight (48) hours of the original report a written report containing:

(a) The names and addresses of the student and his or her parents, legal guardians, or other persons exercising custodial control or supervision;

(b) The student's age;

(c) The nature and extent of the violation;

(d) The name and address of the student allegedly responsible for the violation; and

(e) Any other information that the principal making the report believes may be helpful in the furtherance of the purpose of this section.

(2) An agency receiving a report under subsection (1) of this section shall investigate the matter referred to it. The school board and school personnel shall participate in the investigation at the request of the agency.

(3) Anyone acting upon reasonable cause in the making of a report required under this section in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or action.

(4) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for refusing to report under this section or for excluding evidence regarding student harassment in any judicial proceedings resulting from a report pursuant to this section. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding student harassment.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 125, sec. 1, effective July 15, 2008.

158.157 Superintendent of each local school district to require principals to provide written notice of and age-appropriate information on KRS 531.125 to students in grades four through twelve, parents, and guardians -- Applicability to public charter schools.

(1) The superintendent of each local school district shall require the principal of each school within the district to provide written notice of the provisions of KRS 531.125 to students in grades four (4) and above in an age-appropriate manner and to parents or guardians of all students within ten (10) days of the first instructional day of each school year.

(2) The requirements of subsection (1) of this section shall apply to public charter schools as a health and safety requirement under KRS 160.1592(1).

Effective: June 27, 2025

History: Created 2025 Ky. Acts ch. 9, sec. 4, effective June 27, 2025.

158.158 Local board of education to require each public school with instructional space for students in grades six through twelve to display information on sexual extortion -- Requirements -- Applicability to public charter schools -- Department to publish recommendations for required information.

(1) By August 1, 2025, local boards shall require each public school with instructional spaces for students in grades six (6) through twelve (12) to display, in a prominent location in each school building, a legible printed sign in English and Spanish at least eight and one-half (8.5) inches by eleven (11) inches in size that shall contain:

(a) An age-appropriate description of sexual extortion consistent with the definition in KRS 531.125.

(b) Contact information for state or local law enforcement for reporting or seeking assistance relating to sexual extortion;

(c) Contact information for federal law enforcement for reporting or seeking assistance relating to sexual extortion;

(d) Contact information for a national suicide prevention hotline; and

(e) The Uniform Resource Locator (URL), a Quick Response (QR) code, or similar resource to identify the website address for informational and support resources regarding sexual extortion provided by the National Center for Missing and Exploited Children or any federally funded successor entity.

(2) The requirements of subsection (1) of this section shall apply to public charter schools as a health and safety requirement under KRS 160.1592(1).

(3) By July 15, 2025, the department shall publish recommendations for information to be included consistent with subsection (1) of this section.

Effective: June 27, 2025

History: Created 2025 Ky. Acts ch. 9, sec. 5, effective June 27, 2025.

158.160 Notification to school by parent or guardian of child's medical condition threatening school safety -- Exclusion of child with communicable disease from school -- Closing of school during epidemic.

(1) A parent, legal guardian, or other person or agency responsible for a student shall notify the student's school if the student has any medical condition which is defined by the Cabinet for Health and Family Services in administrative regulation as threatening the safety of the student or others in the school. The notification shall be given as soon as the medical condition becomes known and upon each subsequent enrollment by the student in a school. The principal, guidance counselor, or other school official who has knowledge of the medical condition shall notify the student's teachers in writing of the nature of the medical condition.

(2) If any student is known or suspected to have or be infected with a communicable disease or condition for which a reasonable probability for transmission exists in a school setting, the superintendent of the district may order the student excluded from school. The time period the student is excluded from school shall be in accordance with generally accepted medical standards which the superintendent shall obtain from consultation with the student's physician or the local health officer for the county in which the school district is located. During the presence in any district of dangerous epidemics, the board of education of the school district may order the school closed.

Effective: June 20, 2005

History: Amended 2005 Ky. Acts ch. 99, sec. 134, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 116, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 393, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 213, sec. 1, effective July 13, 1990; and ch. 476, Pt. V, sec. 402, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4399-59.

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.

158.162 Mandatory adoption of emergency management response plan in each school -- School to maintain portable automated external defibrillators -- Emergency response drills -- Consequence of schools failing to comply.

(1) As used in this section:

(a) "Emergency management response plan" or "emergency plan" means a written document to prevent, mitigate, prepare for, respond to, and recover from emergencies; and

(b) "First responders" means local fire, police, and emergency medical personnel.

(2) (a) Each local board of education shall require the school council or, if none exists, the principal in each school building in its jurisdiction to adopt an emergency plan. The emergency plan shall include:

1. Procedures to be followed in case of medical emergency, fire, severe weather, earthquake, or a building lockdown as defined in KRS 158.164;

2. A written cardiac emergency response plan; and

3. A copy of the data created through the School Mapping Data Program pursuant to KRS 158.4433 or, if the school mapping data is unavailable, a diagram of the facility that clearly identifies the location of each automated external defibrillator.

(b) The emergency plan shall be provided to appropriate first responders and all school staff.

(c) The emergency plan shall be reviewed following the end of each school year by the school nurse, school council, the principal, and first responders and revised as needed.

(d) The principal shall discuss the emergency plan with all school staff prior to the first instructional day of each school year and document the time and date of any discussion.

(e) The cardiac emergency response plan shall be rehearsed by simulation prior to the beginning of each athletic season by all:

1. Licensed athletic trainers, school nurses, and athletic directors; and

2. Interscholastic coaches and volunteer coaches of each athletic team active during that athletic season.

(f) The emergency plan shall be excluded from the application of KRS 61.870 to 61.884.

(3) Each local board of education shall require the school council or, if none exists, the principal in each school building to:

(a) Establish primary and secondary evacuation routes for all rooms located within the school and shall post the routes in each room by any doorway used for evacuation;

(b) Identify the best available severe weather safe zones, in consultation with local and state safety officials and informed by guiding principles set forth by the National Weather Service and the Federal Emergency Management Agency, and post the location of safe zones in each room of the school;

(c) Develop practices for students to follow during an earthquake;

(d) Develop and adhere to practices to control the access to each school building. Practices shall include but not be limited to:

1. Controlling outside access to exterior doors during the school day;

2. Controlling the main entrance of the school with electronically locking doors, a camera, and an intercom system;

3. Controlling access to individual classrooms;

4. Requiring classroom doors to be equipped with hardware that allows the door to be locked from the outside but opened from the inside;

5. Requiring classroom doors to remain closed and locked during instructional time, except:

a. In instances in which only one (1) student and one (1) adult are in the classroom; or

b. When approved in writing by the state school security marshal;

6. Requiring classroom doors with windows to be equipped with material to quickly cover the window during a building lockdown;

7. Allowing for the use of secondary locking mechanisms on classroom doors, notwithstanding any provisions of the Kentucky Building Code promulgated pursuant to KRS Chapter 198B to the contrary;

8. Requiring all visitors to report to the front office of the building, provide valid identification, and state the purpose of the visit; and

9. Providing a visitor's badge to be visibly displayed on a visitor's outer garment;

(e) Maintain a portable automated external defibrillator in a public, readily accessible, well-marked location in every school building and, as funds become available, at school-sanctioned athletic practices and competitions and:

1. Adopt procedures for the use of the portable automated external defibrillator during an emergency;

2. Adopt policies for compliance with KRS 311.665 to 311.669 on training, maintenance, notification, and communication with the local emergency medical services system;

3. Ensure that a minimum of three (3) employees in the school and all interscholastic athletic coaches be trained on the use of a portable automated external defibrillator in accordance with KRS 311.667;

4. Ensure that all interscholastic athletic coaches maintain a cardiopulmonary resuscitation certification recognized by a national accrediting body on heart health; and

5. No later than November 1 of each school year, submit an annual report to the Kentucky Department of Education on:

a. The number and location of each portable automated external defibrillator in every school building;

b. The name, school, and training date of each school district employee and interscholastic athletic coach in the district trained in the use of a portable automated external defibrillator; and

c. The progress made towards having a portable automated external defibrillator at all school-sanctioned athletic practices and competitions; and

(f) Require development of an event-specific emergency action plan for each school-sanctioned nonathletic event held off-campus to be used during a medical emergency, which may include the provision of a portable automated external defibrillator. The plan shall:

1. Include a delineation of the roles of staff and emergency personnel, methods of communication, any assigned emergency equipment including a portable automated external defibrillator, a cardiac emergency response plan, and access to and plan for emergency transport; and

2. Be in writing and distributed to any member of school personnel attending the school-sanctioned event in an official capacity.

(4) All schools shall be in compliance with the provisions of subsection (3)(d) of this section.

(5) (a) Each local board of education shall require the principal in each public school building in its jurisdiction to conduct, at a minimum, emergency response drills to include:

1. One (1) severe weather drill, one (1) earthquake drill, and one (1) lockdown drill within the first thirty (30) instructional days of each school year and again during the month of January; and

2. The emergency response plan rehearsal by simulation required by subsection (2) of this section and the venue-specific emergency action plan rehearsal by simulation required by KRS 160.445(5) prior to the beginning of each athletic season.

(b) Required fire drills shall be conducted according to administrative regulations promulgated by the Department of Housing, Buildings and Construction. Whenever possible, first responders shall be invited to observe emergency response drills.

(6) No later than November 1 of each school year, a local district superintendent shall send verification to the Kentucky Department of Education that all schools within the district are in compliance with the requirements of this section.

(7) A district with a school not in compliance with the requirements of subsection (3)(d) of this section by July 1, 2022, shall not be eligible for approval by the Kentucky Department of Education for new building construction or expansion in the 2022-2023 school year and any subsequent year without verification of compliance, except for facility improvements that specifically address the school safety and security requirements of this section, when deemed necessary for the protection of student or staff health and safety, or to comply with other legal requirements or orders.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 165, sec. 10, effective July 15, 2024; and ch 208, sec 1, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 165, sec. 1, effective June 29, 2023. -- Amended 2020 Ky. Acts ch. 5, sec. 11, effective February 21, 2020. -- Amended 2019 Ky. Acts ch. 5, sec. 14, effective March 11, 2019. -- Amended 2015 Ky. Acts ch. 38, sec. 1, effective June 24, 2015. -- Created 2013 Ky. Acts ch. 126, sec. 1, effective June 25, 2013; and ch. 133, sec. 1, effective June 25, 2013.

Legislative Research Commission Note (7/15/2024). This statute was amended by 2024 Ky. Acts chs. 165 and 208, which do not appear to be in conflict and have been codified together.

Legislative Research Commission Note (6/29/2023). 2023 Ky. Acts ch. 165, sec. 1, which amended this statute, contained a reference to subsection (5) of Section 4 of this Act, though it is clear from the text of the Act that the reference was meant to be to subsection (5) of Section 5 of the Act, as only that section dealt with venue- specific emergency action plan rehearsal by simulation. The Reviser of Statutes has corrected this manifest clerical or typographical error during codification under the authority of KRS 7.136(1).

Legislative Research Commission Note (6/25/2013). This statute was created by 2013 Ky. Acts chs. 126 and 133, which were companion bills and are substantively identical. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 126 prevails under KRS 446.250 as the Act which passed the General Assembly last.

158.1621 Reporting of number of portable automated external defibrillators.

(1) By August 1 of each year, each school district shall report to the Kentucky Department of Education on the number of portable automated external defibrillators at each school within the district.

(2) By October 1 of each year, the Kentucky Department of Education shall publish a report on the number of portable automated external defibrillators in Kentucky public schools by school and school district to the department's website and submit the report to the General Assembly's Interim Joint Committee on Education, Interim Joint Committee on Health Services, and Interim Joint Committee on Families and Children.

Effective: June 29, 2023

History: Created 2023 Ky. Acts ch. 165, sec. 2, effective June 29, 2023.

Legislative Research Commission Note (6/29/2023). Pursuant to 2023 Ky. Acts ch. 165, sec. 7, a reference to the Interim Joint Committee on Health, Welfare, and Family Services in subsection (2) of this section has been changed in codification to the Interim Joint Committee on Health Services and the Interim Joint Committee on Families and Children.

158.1622 School AED fund.

(1) There is hereby created a trust and agency account to be known as the school AED fund to be administered by the Cabinet for Health and Family Services, in collaboration with the Department of Education. Amounts deposited in the fund shall be used for the purpose of awarding needs-based grants to public schools for:

(a) The purchase and maintenance of portable automated external defibrillators and other medical devices used to diagnose, prevent, or treat a medical condition that is harmful to student athletes; and

(b) The provision of cardiopulmonary resuscitation training.

(2) The school AED fund shall consist of any:

(a) Appropriations designated for the fund;

(b) Funds, grants, and receipts from fundraising activities on behalf of the fund; and

(c) Other moneys made available for the purposes of the fund.

(3) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward into the next fiscal year.

(4) Any interest earnings of the fund shall become a part of the fund and shall not lapse.

(5) Moneys deposited in the fund are hereby appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes.

(6) Nothing in this section shall be interpreted to restrict the ability of a school or school district to accept direct private donations for the purchase or maintenance of an automated external defibrillator or other medical device used to diagnose, prevent, or treat a medical condition that is harmful to student athletes.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 208, sec. 2, effective July 15, 2024. -- Created 2023 Ky. Acts ch. 165, sec. 4, effective June 29, 2023.

158.163 Earthquake and tornado emergency procedure system.

The board of each local school district, and the governing body of each private and parochial school or school district, shall establish an earthquake and tornado emergency procedure system in every public or private school building in its jurisdiction having a capacity of fifty (50) or more students, or having more than one (1) classroom. The earthquake and tornado emergency procedure system shall include, but not be limited to, all of the following:

(1) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of students and staffs. A drop procedure and safe area evacuation practice shall be held at least twice during each school year, with the first practice for a drop procedure and a safe area evacuation being held within the first thirty (30) instructional days of each school year and one (1) practice being held during the month of January;

(2) A drop procedure. As used in this section, "drop procedure" means an activity by which each student and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows;

(3) A safe area. As used in this section, "safe area" means a designated space including an enclosed area with no windows, a basement or the lowest floor using the interior hallway or rooms, or taking shelter under sturdy furniture;

(4) Protective measures to be taken before, during, and following an earthquake or tornado; and

(5) A program to ensure that the students and the certificated and classified staff are aware of, and properly trained in, the earthquake and tornado emergency procedure system.

Effective: June 25, 2013

History: Amended 2013 Ky. Acts ch. 126, sec. 2, effective June 25, 2013; and ch. 133, sec. 2, effective June 25, 2013. -- Amended 2000 Ky. Acts ch. 433, sec. 1, effective July 14, 2000. -- Created 1992 Ky. Acts ch. 29, sec. 1, effective July 14, 1992.

Legislative Research Commission Note (6/25/2013). This statute was amended with identical text in 2013 Ky. Acts chs. 126 and 133, which were companion bills. These Acts have been codified together.

158.164 Building lockdown procedures -- Practice.

(1) As used in this section, "building lockdown" means to restrict the mobility of building occupants to maintain their safety and care.

(2) Each local board of education shall require the school council or, if none exists, the principal in each public school building in its jurisdiction to establish procedures to perform a building lockdown, including protective measures to be taken during and immediately following the lockdown. Local law enforcement agencies shall be invited to assist in establishing lockdown procedures.

(3) Students, certified staff, and classified staff shall be informed annually of building lockdown procedures.

(4) A building lockdown practice shall be held at least twice during each school year, with at least one (1) practice being held within the first thirty (30) instructional days of the school year and one (1) practice being held during the month of January.

Effective: June 25, 2013

History: Amended 2013 Ky. Acts ch. 126, sec. 3, effective June 25, 2013; and ch. 133, sec. 3, effective June 25, 2013. -- Created 2006 Ky. Acts ch. 120, sec. 1, effective July 12, 2006.

Legislative Research Commission Note (6/25/2013). This statute was amended with identical text in 2013 Ky. Acts chs. 126 and 133, which were companion bills. These Acts have been codified together.

158.165 Possession and use of personal telecommunications device by public school student.

(1) (a) The board of education of each school district shall adopt a policy regarding the possession and use of a personal telecommunications device by a student while on school property or while attending a school-sponsored or school- related activity on or off school property, and shall include the policy in the district's written standards of student conduct.

(b) The policy shall, at a minimum, prohibit a student's use of a personal telecommunications device during instructional time, except during an emergency, if directed to do so by a teacher for an instructional purpose, or if authorized by a teacher.

(c) A student who violates the policy shall be subject to discipline as provided by board policy.

(2) As used in this section, "personal telecommunications device":

(a) Means a device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor, including but not limited to a paging device and a cellular telephone; and

(b) Does not include any device a student is authorized to use pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq., the Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq., or the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq., or successor acts.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 90, sec. 1, effective June 27, 2025. -- Amended 2000 Ky. Acts ch. 34, sec. 1, effective July 14, 2000. -- Created 1990 Ky. Acts ch. 87, sec. 1, effective March 19, 1990.

158.170 Bible to be read.

The teacher in charge shall read or cause to be read a portion of the Bible daily in every classroom or session room of the common schools of the state in the presence of the pupils therein assembled, but no child shall be required to read the Bible against the wish of his parents or guardian.

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-7.

158.175 Recitation of Lord's prayer and pledge of allegiance -- Instruction in proper respect for and display of the flag -- Observation of moment of silence or reflection.

(1) As a continuation of the policy of teaching our country's history and as an affirmation of the freedom of religion in this country, the board of education of a local school district may authorize the recitation of the traditional Lord's prayer and the pledge of allegiance to the flag in public elementary schools. Pupil participation in the recitation of the prayer and pledge of allegiance shall be voluntary. Pupils shall be reminded that this Lord's prayer is the prayer our pilgrim fathers recited when they came to this country in their search for freedom. Pupils shall be informed that these exercises are not meant to influence an individual's personal religious beliefs in any manner. The exercises shall be conducted so that pupils shall learn of our great freedoms, including the freedom of religion symbolized by the recitation of the Lord's prayer.

(2) The board of education of each school district shall establish a policy and develop procedures whereby the pupils in each elementary and secondary school may participate in the pledge of allegiance to the flag of the United States at the commencement of each school day.

(3) The Kentucky Board of Education shall develop a program of instruction relating to the flag of the United States of America, including instruction in etiquette, the correct use and display of the flag, and other patriotic exercises as may be related. This program of instruction shall be provided to each public school for use in its course of instruction. The program of instruction, at a minimum, shall include the provisions of 4 U.S.C. secs. 1 to 3 and 4 U.S.C. secs. 5 to 9.

(4) The board of education of each local school district may purchase or otherwise acquire and provide for display in each classroom copies of the Declaration of Independence, the Gettysburg Address, and other documents the local board deems significant to the history of Kentucky and the United States.

(5) (a) The board of education of each local school district shall establish a policy and develop procedures whereby, at the commencement of the first class of each day in all public schools, there shall be a moment of silence or reflection of at least one (1) minute, but not to exceed two (2) minutes, in duration.

(b) The policy required in paragraph (a) of this subsection shall ensure that all pupils remain seated and silent and make no distracting display so that each pupil may, in the exercise of his or her individual choice, meditate, pray, or engage in any other silent activity which does not interfere with, distract from, or impede other pupils' exercise of individual choice. The policy shall prohibit district personnel from providing instruction to any student regarding the nature of any reflection that a student may engage in during the moment of silence or reflection. The policy shall require notification be sent to parents or guardians providing information on the policy and encouraging parents and guardians to provide guidance to their pupils regarding the moment of silence or reflection.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 111, sec. 1, effective June 27, 2025. -- Amended 2000 Ky. Acts ch. 235, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 85, sec. 1, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 205, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 435, sec. 3, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 339, sec. 1, effective July 15, 1986. -- Amended 1980 Ky. Acts ch. 304, sec. 1, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 145, sec. 1.

158.177 Teaching of evolution -- Right to include Bible theory of creation.

(1) In any public school instruction concerning the theories of the creation of man and the earth, and which involves the theory thereon commonly known as evolution, any teacher so desiring may include as a portion of such instruction the theory of creation as presented in the Bible, and may accordingly read such passages in the Bible as are deemed necessary for instruction on the theory of creation, thereby affording students a choice as to which such theory to accept.

(2) For those students receiving such instruction, and who accept the Bible theory of creation, credit shall be permitted on any examination in which adherence to such theory is propounded, provided the response is correct according to the instruction received.

(3) No teacher in a public school may stress any particular denominational religious belief.

(4) This section is not to be construed as being adverse to any decision which has been rendered by any court of competent jurisdiction.

Effective: July 13, 1990

History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 403, effective July 13, 1990. -- Created 1976 Ky. Acts ch. 261, sec. 1.

158.178 Ten Commandments to be displayed.

(1) It shall be the duty of the Superintendent of Public Instruction, provided sufficient funds are available as provided in subsection (3) of this section, to ensure that a durable, permanent copy of the Ten Commandments shall be displayed on a wall in each public elementary and secondary school classroom in the Commonwealth. The copy shall be sixteen (16) inches wide by twenty (20) inches high.

(2) In small print below the last commandment shall appear a notation concerning the purpose of the display, as follows: "The secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States."

(3) The copies required by this section shall be purchased with funds made available through voluntary contributions made to the State Treasurer for the purposes of this section.

Effective: June 17, 1978

History: Created 1978 Ky. Acts ch. 436, sec. 1, effective June 17, 1978.

Legislative Research Commission Note. This statute was declared unconstitutional in Stone v. Graham, 449 U.S. 39 (1980).

158.180 Repealed, 1978.

[Repealed]

158.181 Legislative findings.

(1) The General Assembly finds the following:

(a) Judicial decisions concerning religion, free speech, and public education are widely misunderstood and misapplied;

(b) Confusion surrounding these decisions has caused some to be less accommodating of the religious liberty and free speech rights of students than permitted under the First Amendment to the United States Constitution;

(c) Confusion surrounding these decisions has resulted in needless conflicts and litigation;

(d) The Supreme Court of the United States has ruled that the establishment clause of the First Amendment to the United States Constitution requires that public schools neither advance or inhibit religion. Public schools should be neutral in matters of faith and should treat religion with fairness and respect;

(e) Neutrality to religion does not require hostility to religion. The establishment clause does not prohibit reasonable accommodation of religion, nor does the clause prohibit appropriate teaching about religion;

(f) Accommodation of religion is required by the free speech and free exercise clauses of the First Amendment to the United States Constitution; and

(g) Setting forth the religious liberty rights of students in a statute would assist students and parents in the enforcement of the religious liberty rights of students and would provide impetus to efforts in public schools to accommodate religious belief in feasible cases.

(2) The purpose of KRS 158.181 to 158.187 is to create a safe harbor for schools desiring to avoid litigation and to allow the free speech and religious liberty rights of students to the extent permissible under the establishment clause.

Effective: July 15, 1998

History: Created 1998 Ky. Acts ch. 294, sec. 1, effective July 15, 1998.

158.182 Definitions for KRS 158.181 to 158.187.

As used in KRS 158.181 to 158.187, unless the context requires otherwise:

(1) "Establishment clause" means the portion of the First Amendment to the United States Constitution that forbids laws respecting an establishment of religion;

(2) "Free exercise clause" means the portion of the First Amendment to the United States Constitution that forbids laws prohibiting the free exercise of religion;

(3) "Free speech clause" means the portion of the First Amendment to the United States Constitution that forbids laws abridging the freedom of speech;

(4) "Public school" means any school that is operated by the state, a political subdivision of the state, or a governmental agency within the state; and

(5) "Student" means an individual attending a public school.

Effective: July 15, 1998

History: Created 1998 Ky. Acts ch. 294, sec. 2, effective July 15, 1998.

158.183 Prohibited acts by students -- Rights of student -- Duties of local board of education -- Administrative remedies.

(1) Consistent with the Constitutions of the United States of America and the Commonwealth of Kentucky, a student shall have the right to carry out an activity described in any of paragraphs (a) to (j) of subsection (2) of this section, if the student does not:

(a) Infringe on the rights of the school to:

1. Maintain order and discipline;

2. Prevent disruption of the educational process; and

3. Determine educational curriculum and assignments;

(b) Harass other persons or coerce other persons to participate in the activity; or

(c) Otherwise infringe on the rights of other persons.

(2) Consistent with the Constitutions of the United States of America and the Commonwealth of Kentucky, and subject to the provisions of subsection (1) of this section, a student shall be permitted to voluntarily:

(a) Pray or engage in religious activities in a public school, vocally or silently, alone or with other students to the same extent and under the same circumstances as a student is permitted to vocally or silently reflect, meditate, speak on, or engage in nonreligious matters alone or with other students in the public school;

(b) Express religious or political viewpoints in a public school to the same extent and under the same circumstances as a student is permitted to express viewpoints on nonreligious or nonpolitical topics or subjects in the school;

(c) Express religious or political viewpoints in classroom, homework, artwork, and other written and oral assignments free from discrimination or penalty based on the religious or political content of the submissions;

(d) Speak to and attempt to discuss religious or political viewpoints with other students in a public school to the same extent and under the same circumstances as a student is permitted to speak to and attempt to share nonreligious or nonpolitical viewpoints with other students. However, any student may demand that this speech or these attempts to share religious or political viewpoints not be directed at him or her;

(e) Distribute religious or political literature in a public school, subject to reasonable time, place, and manner restrictions to the same extent and under the same circumstances as a student is permitted to distribute literature on nonreligious or nonpolitical topics or subjects in the school;

(f) Display religious messages on items of clothing to the same extent that a student is permitted to display nonreligious messages on items of clothing;

(g) Access public secondary school facilities during noninstructional time as a member of a religious student organization for activities that may include prayer, Bible reading, or other worship exercises to the same extent that members of nonreligious student organizations are permitted access during noninstructional time;

(h) Use school media, including the public address system, the school newspaper, and school bulletin boards, to announce student religious meetings to the same extent that a student is permitted to use school media to announce student nonreligious meetings;

(i) Meet as a member of a religious student group during noninstructional time in the school day to the same extent that members of nonreligious student groups are permitted to meet, including before and after the school day; and

(j) Be absent, in accordance with attendance policy, from a public school to observe religious holidays and participate in other religious practices to the same extent and under the same circumstances as a student is permitted to be absent from a public school for nonreligious purposes.

(3) Consistent with its obligations to respect the rights secured by the Constitutions of the United States of America and the Commonwealth of Kentucky, a local board of education shall ensure that:

(a) 1. The selection of students to speak at official events is made without regard to the religious or political viewpoint of the student speaker;

2. The prepared remarks of the student are not altered before delivery, except in a viewpoint-neutral manner, unless requested by the student. However, student speakers shall not engage in speech that is obscene, vulgar, offensively lewd, or indecent; and

3. If the content of the student's speech is such that a reasonable observer may perceive affirmative school sponsorship or endorsement of the student speaker's religious or political viewpoint, the school shall communicate, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the school;

(b) Religious and political organizations are allowed equal access to public forums on the same basis as nonreligious and nonpolitical organizations; and

(c) No recognized religious or political student organization is hindered or discriminated against in the ordering of its internal affairs, selection of leaders and members, defining of doctrines and principles, and resolving of organizational disputes in the furtherance of its mission, or in its determination that only persons committed to its mission should conduct these activities.

(4) Consistent with its obligations to respect the rights secured by the Constitutions of the United States of America and the Commonwealth of Kentucky, a local board of education shall permit public schools in the district to sponsor artistic or theatrical programs that advance students' knowledge of society's cultural and religious heritage, as well as provide opportunities for students to study and perform a wide range of music, literature, poetry, and drama.

(5) No action may be maintained under KRS 158.181 to 158.187 unless the student has exhausted the following administrative remedies;

(a) The student or the student's parent or guardian shall state his or her complaint to the school's principal. The principal shall investigate and take appropriate action to ensure the rights of the student are resolved within seven (7) days of the date of the complaint;

(b) If the concerns are not resolved, then the student or the student's parent or guardian shall make a complaint in writing to the superintendent with the specific facts of the alleged violation;

(c) The superintendent shall investigate and take appropriate action to ensure that the rights of the student are resolved within thirty (30) days of the date of the written complaint; and

(d) Only after the superintendent's investigation and action may a student or the student's parent or legal guardian pursue any other legal action.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 15, sec. 1, effective June 29, 2017. -- Created 1998 Ky. Acts ch. 294, sec. 3, effective July 15, 1998.

158.184 Construction favoring establishment clause, religious liberty, and free speech.

(1) Nothing in KRS 158.181 to 158.187 shall be construed to affect, interpret, or in any way address the establishment clause.

(2) The specification of religious liberty or free speech rights in KRS 158.181 to 158.187 shall not be construed to exclude or limit religious liberty or free speech rights otherwise protected by federal, state, or local law.

Effective: July 15, 1998

History: Created 1998 Ky. Acts ch. 294, sec. 4, effective July 15, 1998.

158.185 Construction prohibiting school employee from leading, directing, or encouraging religious or anti-religious activity in violation of establishment clause.

Nothing in KRS 158.181 to 158.187 shall be construed to support, encourage, or permit a teacher, administrator, or other employee of the public schools to lead, direct, or encourage any religious or anti-religious activity in violation of the portion of the First Amendment of the United States Constitution prohibiting laws respecting an establishment of religion.

Effective: July 15, 1998

History: Created 1998 Ky. Acts ch. 294, sec. 5, effective July 15, 1998.

158.186 Copies of law to local school board, school-based decision making council, and certified employees.

Before September 15 of each year, the commissioner of education shall:

(1) E-mail electronic copies or send paper copies of KRS 158.183 and 158.195 directly to each local school board, school-based decision making council, and certified employee in Kentucky; and

(2) Certify compliance with this section to the Interim Joint Committee on Education by submitting to the committee:

(a) A copy of all materials, other than the statutes, sent as part of the notice; and

(b) The dates materials were sent.

Effective: July 14, 2018

History: Amended 2018 Ky. Acts ch. 66, sec. 1, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 15, sec. 3, effective June 29, 2017. -- Created 1998 Ky. Acts ch. 294, sec. 6, effective July 15, 1998.

158.187 Short title for KRS 158.181 to 158.187.

KRS 158.181 to 158.187 may be cited as the Nicole Hadley, Jessica James, and Kayce Steger Act.

Effective: July 15, 1998

History: Created 1998 Ky. Acts ch. 294, sec. 7, effective July 15, 1998.

158.188 Teaching activities permitted in the secular study of religion with the use of the Bible or other scripture.

A teacher in a public school shall be permitted to:

(1) Teach about religion with the use of the Bible or other scripture, but without providing religious instruction, for the secular study of:

(a) The history of religion;

(b) Comparative religions;

(c) The Bible as literature;

(d) The role of religion in the history of the United States and other countries; and

(e) Religious influences on art, music, literature, and social studies; and

(2) Teach about religious holidays, including religious aspects, and celebrate the secular aspects of holidays.

Effective:June 29, 2017

History: Created 2017 Ky. Acts ch. 15, sec. 2, effective June 29, 2017.

158.189 Legislative findings -- Policies for use of restrooms by students of the opposite biological sex -- Requirements -- Best available accommodation to be provided.

(1) As used in this section:

(a) "Biological sex" means the physical condition of being male or female, which is determined by a person's chromosomes, and is identified at birth by a person's anatomy; and

(b) "School" means a school under the control of a local board of education or a charter school board of directors.

(2) The General Assembly finds that:

(a) School personnel have a duty to protect the dignity, health, welfare, and privacy rights of students in their care;

(b) Children and young adults have natural and normal concerns about privacy while in various states of undress, and most wish for members of the opposite biological sex not to be present in those circumstances;

(c) Allowing students to use restrooms, locker rooms, or shower rooms that are reserved for students of a different biological sex:

1. Will create a significant potential for disruption of school activities and unsafe conditions; and

2. Will create potential embarrassment, shame, and psychological injury to students;

(d) Parents have a reasonable expectation that schools will not allow minor children to be viewed in various states of undress by members of the opposite biological sex, nor allow minor children to view members of the opposite sex in various states of undress; and

(e) Schools have a duty to respect and protect the privacy rights of students, including the right not to be compelled to undress or be unclothed in the presence of members of the opposite biological sex.

(3) Each local board of education or charter school board of directors shall, after allowing public comment on the issue at an open meeting, adopt policies necessary to protect the privacy rights outlined in subsection (2) of this section and enforce this subsection. Those policies shall, at a minimum, not allow students to use restrooms, locker rooms, or shower rooms that are reserved for students of a different biological sex.

(4) (a) A student who asserts to school officials that his or her gender is different from his or her biological sex and whose parent or legal guardian provides written consent to school officials shall be provided with the best available accommodation, but that accommodation shall not include the use of school restrooms, locker rooms, or shower rooms designated for use by students of the opposite biological sex while students of the opposite biological sex are present or could be present.

(b) Acceptable accommodations may include but are not limited to access to single-stall restrooms or controlled use of faculty bathrooms, locker rooms, or shower rooms.

Effective: March 29, 2023

History: Created 2023 Ky. Acts ch. 132, sec. 3, effective March 29, 2023.

158.190 Sectarian, infidel, or immoral books prohibited.

No book or other publication of a sectarian, infidel, or immoral character, or that reflects on any religious denomination, shall be used or distributed in any common school. No sectarian, infidel, or immoral doctrine shall be taught in any common school.

Effective: July 13, 1990

History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 404, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-11.

158.191 Health and mental health services related to human sexuality, contraception, or family planning -- District to notify parents -- District prohibited from keeping student information confidential from a parent -- Prohibition on policies for use of pronouns that do not conform to a student's biological sex.

(1) As used in this section:

(a) "External health care provider" means a provider of health or mental health services that is not employed by or contracted with the school district to provide services to the district's students;

(b) "Health services" has the same meaning as in KRS 156.502;

(c) "Mental health services" means services provided by a school-based mental health services provider as defined in KRS 158.4416 but shall not include academic or career counseling; and

(d) "Parent" means a person who has legal custody or control of the student such as a mother, father, or guardian.

(2) Upon a student's enrollment and at the beginning of each school year, the district shall provide a notification to the student's parents listing each of the health services and mental health services related to human sexuality, contraception, or family planning available at the student's school and of the parents' right to withhold consent or decline any of those specific services. A parent's consent to a health service or mental health service under this subsection shall not waive the parent's right to access the student's educational or health records held by the district or the notifications required under subsection (3) of this section.

(3) Except as provided in subsection (5) of this section, as part of a school district's effort to provide a safe and supportive learning environment for students, a school shall notify a student's parents if:

(a) The school changes the health services or mental health services related to human sexuality, contraception, or family planning that it provides, and shall obtain parental consent prior to providing health services or mental health services to the student; or

(b) School personnel make a referral:

1. For the student to receive a school's health services or mental health services; or

2. To an external health care provider, for which parental consent shall be obtained prior to the referral being made.

(4) School districts and district personnel shall respect the rights of parents to make decisions regarding the upbringing and control of the student through procedures encouraging students to discuss mental or physical health or life issues with their parents or through facilitating the discussion with their parents.

(5) (a) The Kentucky Board of Education or the Kentucky Department of Education shall not require or recommend that a local school district keep any student information confidential from a student's parents. A district or school shall not adopt policies or procedures with the intent of keeping any student information confidential from parents.

(b) The Kentucky Board of Education or the Kentucky Department of Education shall not require or recommend policies or procedures for the use of pronouns that do not conform to a student's biological sex as indicated on the student's original, unedited birth certificate issued at the time of birth pursuant to KRS 156.070(2)(g)2.

(c) A local school district shall not require school personnel or students to use pronouns for students that do not conform to that particular student's biological sex as referenced in paragraph (b) of this subsection.

(d) Nothing in this subsection shall prohibit a school district or district personnel from withholding information from a parent if a reasonably prudent person would believe, based on previous conduct and history, that the disclosure would result in the child becoming a dependent child or an abused or neglected child as defined in KRS 600.020. The fact that district personnel withhold information from a parent under this subsection shall not in itself constitute evidence of failure to report dependency, neglect, or abuse to the Cabinet for Health and Family Services under KRS 620.030.

(6) Prior to a well-being questionnaire or assessment, or a health screening form being given to a child for research purposes, a school district shall provide the student's parent with access to review the material and shall obtain parental consent. Parental consent shall not be a general consent to these assessments or forms but shall be required for each assessment or form. A parent's refusal to consent shall not be an indicator of having a belief regarding the topic of the assessment or form.

(7) Nothing in this section shall:

(a) Prohibit a school district or the district's personnel from seeking or providing emergency medical or mental health services for a student as outlined in the district's policies; or

(b) Remove the duty to report pursuant to KRS 620.030 if district personnel has reasonable cause to believe the child is a dependent child or an abused or neglected child due to the risk of physical or emotional injury identified in KRS 600.020(1)(a)2. or as otherwise provided in that statute.

Effective: March 29, 2023

History: Created 2023 Ky. Acts ch. 132, sec. 1, effective March 29, 2023.

158.192 Complaint alleging that material, program, or event is harmful to minors -

• Complaint resolution policy -- Determination by principal -- Appeal -- Final disposition by board -- Request by parent or guardian to preclude student access -- Parent's or guardian's access -- Model policy.

(1) As used in this section, "harmful to minors" means materials, programs, or events that:

(a) Contain the exposure, in an obscene manner, of the unclothed or apparently unclothed human male or female genitals, pubic area, or buttocks or the female breast, or visual depictions of sexual acts or simulations of sexual acts, or explicit written descriptions of sexual acts;

(b) Taken as a whole, appeal to the prurient interest in sex; or

(c) Are patently offensive to prevailing standards regarding what is suitable for minors.

(2) No later than July 1, 2023, each local board of education shall adopt a complaint resolution policy for its local schools to be used to address complaints submitted by parents or guardians alleging that material, a program, or an event that is harmful to minors has been provided or is currently available to a student enrolled in the local school district who is the child of the parent or guardian. The complaint resolution process shall require that:

(a) Complaints be submitted in writing to the principal of the school where the student is enrolled;

(b) Complaints provide the name of the complainant, a reasonably detailed description of the material, program, or event that is alleged to be harmful to minors, and how the material, program, or event is believed to be harmful to minors;

(c) Within seven (7) business days of receiving a written complaint, the school principal shall review the complaint and take reasonable steps to investigate the allegations in the complaint, including but not limited to reviewing the material, program, or event that is alleged to be harmful to minors;

(d) The school principal shall determine whether the material, program, or event that is the subject of the complaint is harmful to minors;

(e) The school principal shall determine whether student access to material that is the subject of the complaint shall remain, be restricted, or be removed;

(f) The school principal shall determine whether a program or event that is the subject of the complaint shall be eligible for future participation by students in the school;

(g) Within ten (10) business days of receiving the complaint, unless another schedule is mutually agreed to by the parent or guardian and the school principal, the school principal shall confer with the parent or guardian and inform him or her whether the material, program, or event that is the subject of the complaint was determined to be harmful to minors and what the resolution will be in accordance with paragraphs (e) and (f) of this subsection;

(h) Appeals of the school principal's determination provided for in paragraphs (d), (e), and (f) of this subsection shall:

1. Be subject to full administrative and substantive review by the local board of education and shall not be delegated;

2. Include an opportunity for the parent or guardian to provide input during public comment at a local board of education meeting;

3. Be completed within thirty (30) calendar days of receiving the written appeal unless another time frame is mutually agreed upon by the parent or guardian and the local board of education; and

4. Be discussed and voted on during a meeting of the local board of education subject to the open records and open meeting requirements under KRS Chapter 61;

(i) The board's final disposition of the appeal shall be made in writing and shall state whether the material, program, or event was determined to be harmful to minors and whether student access to the material will remain, be restricted, or be removed and whether the program or event shall be eligible for future participation by students in the school; and

(j) Within fifteen (15) business days from the date of a final disposition, the title of the material or a description of the program or event submitted for appeal pursuant to paragraph (h) of this subsection, whether the material, program, or event was determined to be harmful to minors, whether student access to the material will remain, be restricted, or be removed or whether the program or event shall be eligible for future participation by students in the school, and the vote cast by each individual board member shall:

1. Be published on the website of the local board of education where it shall remain available for review; and

2. Be published in the newspaper with the largest circulation in the county.

(3) (a) A parent or guardian may request in writing to the school, after final disposition is determined by the board as provided for in subsection (2)(i) of this section, that the school ensure his or her student does not have access to the material, program, or event that the parent or guardian believes to be harmful to minors but was allowed to remain or be eligible for future participation.

(b) The school shall ensure that the student whose parent or guardian has made a request as provided for in paragraph (a) of this subsection does not have access to the material or is not allowed to participate in the program or event that the parent or guardian believes to be harmful to minors.

(4) A parent or guardian not having filed the appeal may request in writing access to the appealed materials, programs, or events for review and shall abide by the school's and district's policies and procedures when requesting and reviewing such information.

(5) No later than May 1, 2023, the Department of Education shall promulgate a model policy for a complaint resolution process that meets the requirements of subsections (2), (3), and (4) of this section.

Effective: March 29, 2023

History: Created 2023 Ky. Acts ch. 120, sec. 1, effective March 29, 2023.

158.193 Private religious expression by school employees -- Activities permitted while employees are on duty -- Construction.

(1) For the purposes of this section, "on duty" means those times when a school district employee is:

(a) Required by the district to be on campus or at another designated location and required to perform the scope of the employee's duties; or

(b) Otherwise acting as a designated representative of the school district.

(2) A school district shall not punish or prohibit an employee from, or punish an employee for, engaging in private religious expression otherwise protected by the First Amendment to the United States Constitution absent a showing that the employee has engaged in actual coercion.

(3) While a school district employee is on duty, the employee may, at a minimum:

(a) Engage in religious expression and discussions and share religious materials with other employees at the same time and in the same manner that employees are permitted to engage in nonreligious expression and discussions outside the scope of duties;

(b) Engage in private religious expression at a time when it is otherwise permissible for an employee to engage in private expressive conduct or act outside the scope of duties;

(c) Meet with other district employees for prayer or religious study during times that the employee is allowed to act outside the scope of duties, including but not limited to employee breaks, time before school, and during lunch;

(d) Work as a sponsor of a student religious club or organization and assist students in planning meetings, activities, and events to the same extent that employee sponsors of nonreligious clubs or organizations are permitted to do so;

(e) Wear religious clothing, symbols, or jewelry, provided that such items otherwise comply with any dress code implemented by the school district;

(f) Decorate their desk and other personal spaces with personal items that reflect their religious beliefs to the same extent that other employees are permitted to decorate their desk and other personal spaces with personal items; and

(g) During noninstructional time, engage in religious expression and share religious materials to the same extent that other employees may engage in private expression permitted under the First Amendment to the United States Constitution.

(4) Nothing in this section shall be construed to authorize the state or any other governmental organization to:

(a) Require any person to participate in prayer or any other religious activity; or

(b) Violate the constitutional rights of any person.

(5) This section shall not be construed to limit a school district's authority to:

(a) Maintain order and discipline on school property in a content-neutral and viewpoint-neutral manner;

(b) Protect the safety of students, employees, and visitors; and

(c) Adopt and enforce policies and procedures regarding student speech at school that respect the rights of students.

Effective: June 29, 2023

History: Created 2023 Ky. Acts ch. 89, sec. 1, effective June 29, 2023.

158.194 Bill of Rights to be displayed.

Each public elementary and secondary school classroom in the Commonwealth of Kentucky shall prominently display a copy of the Bill of Rights, embodying the individual liberties safeguarded by the Constitution of the United States.

Effective: July 15, 1988

History: Codified September 30, 1999. -- Created 1988 Ky. Acts ch. 172, sec. 1, effective July 15, 1988.

Legislative Research Commission Note (9/30/99). -- This statute was created by a joint resolution of the 1988 Regular Session of the General Assembly and was previously carried as an LRC Note under KRS 158.010. Because the enactment is permanent in nature, see KRS 7.131(2), the Reviser of Statutes has codified this text as KRS 158.194 under KRS 7.136(1)(a).

158.195 Display of national motto in public elementary and secondary schools -- Reading and posting in public schools of texts and documents on American history and heritage -- Posting of restrictions on child labor in public school buildings that contain instructional space for students in grades six through twelve.

(1) (a) Local boards shall require each public elementary and secondary school to display the national motto of the United States, "In God We Trust," in a prominent location in the school.

(b) The display required in paragraph (a) of this subsection may take the form of but is not limited to a mounted plaque or student artwork.

(2) As used in this section, "prominent location" means a school entryway, cafeteria, or common area where students are likely to see an item on display.

(3) Local boards may allow any teacher or administrator in a public school district of the Commonwealth to read or post in a public school building, classroom, or event any excerpts or portions of: the national motto; the national anthem; the pledge of allegiance; the preamble to the Kentucky Constitution; the Declaration of Independence; the Mayflower Compact; the writings, speeches, documents, and proclamations of the founding fathers and presidents of the United States; United States Supreme Court decisions; and acts of the United States Congress including the published text of the Congressional Record. There shall be no content-based censorship of American history or heritage in the Commonwealth based on religious references in these writings, documents, and records.

(4) Beginning in the 2025-2026 school year, local boards shall require each public school building that contains instructional space for students in grades six (6) through twelve (12) to conspicuously display in a prominent location, in both English and Spanish, a printed abstract of KRS 339.210 to 339.450, a list of the limited or prohibited occupations for minors, and a notice stating the working hours per day for each day of the week permissible for minors to work. The same information or display shall also be posted on a district's or school's website.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 73, sec. 2, effective June 27, 2025. -- Amended 2019 Ky. Acts ch. 82, sec. 1, effective June 27, 2019. -- Created 1992 Ky. Acts ch. 170, sec. 4, effective July 14, 1992.

158.196 Instructional materials standards and concepts -- Documents and speeches to be included.

(1) A public school or public charter school shall provide instruction and instructional materials that are aligned with the social studies academic standards adopted in accordance with KRS 158.6453 and consistent with the following concepts:

(a) All individuals are created equal;

(b) Americans are entitled to equal protection under the law;

(c) An individual deserves to be treated on the basis of the individual's character;

(d) An individual, by virtue of the individual's race or sex, does not bear responsibility for actions committed by other members of the same race or sex;

(e) The understanding that the institution of slavery and post-Civil War laws enforcing racial segregation and discrimination were contrary to the fundamental American promise of life, liberty, and the pursuit of happiness, as expressed in the Declaration of Independence, but that defining racial disparities solely on the legacy of this institution is destructive to the unification of our nation;

(f) The future of America's success is dependent upon cooperation among all its citizens;

(g) Personal agency and the understanding that, regardless of one's circumstances, an American has the ability to succeed when he or she is given sufficient opportunity and is committed to seizing that opportunity through hard work, pursuit of education, and good citizenship; and

(h) The significant value of the American principles of equality, freedom, inalienable rights, respect for individual rights, liberty, and the consent of the governed.

(2) Nothing in subsection (1) of this section shall be construed to restrict a public school or public charter school from providing instruction or using instructional materials that include:

(a) The history of an ethnic group, as described in textbooks and instructional materials adopted by a school district;

(b) The discussion of controversial aspects of history; or

(c) The instruction and instructional materials on the historical oppression of a particular group of people.

(3) (a) Notwithstanding the every six (6) year schedule set forth in KRS 158.6453(2)(a), no later than July 1, 2023, the Kentucky Department of Education shall incorporate fundamental American documents and speeches into the grade-level appropriate middle and high school social studies academic standards and align corresponding assessments, including but not limited to:

1. The Mayflower Compact;

2. The Declaration of Independence;

3. The Constitution of the United States;

4. The Federalist No. 1 (Alexander Hamilton);

5. The Federalist Nos. 10 and 51 (James Madison);

6. The June 8, 1789, speech on amendments to the Constitution of the United States by James Madison;

7. The first ten (10) amendments to the Constitution of the United States, also known as the Bill of Rights;

8. The 1796 Farewell Address by George Washington;

9. The United States Supreme Court opinion in Marbury v. Madison, 5 U.S. 137 (1803);

10. The Monroe Doctrine by James Monroe;

11. What to the Slave is the Fourth of July? speech by Frederick Douglass;

12. The United States Supreme Court opinion in Dred Scott v. Sandford, 60 U.S. 393 (1857);

13. Final Emancipation Proclamation by Abraham Lincoln;

14. The Gettysburg Address by Abraham Lincoln;

15. Declaration of Rights of the Women of the United States by Susan B. Anthony, Matilda Joslyn Gage, and Elizabeth Cady Stanton;

16. The September 18, 1895, Atlanta Exposition Address by Booker T. Washington;

17. Of Booker T. Washington and Others by W.E.B. Du Bois;

18. The United States Supreme Court opinion in Plessy v. Ferguson, 163 U.S. 537 (1896);

19. The August 31, 1910, New Nationalism speech by Theodore Roosevelt;

20. The January 11, 1944, State of the Union Address by Franklin D. Roosevelt;

21. The United States Supreme Court opinions in Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) and Brown v. Board of Education of Topeka, 349 U.S. 294 (1955);

22. Letter from Birmingham Jail by Martin Luther King, Jr.;

23. The August 28, 1963, I Have a Dream speech by Martin Luther King, Jr.; and

24. A Time for Choosing by Ronald Reagan.

(b) This revision shall not delay or otherwise impact the existing schedule as set forth in KRS 158.6453(2).

Effective: July 14, 2022

History: Created 2022 Ky. Acts ch. 196, sec. 4, effective July 14, 2022.

Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 196, sec. 8, provides that Sections 4 and 5 of the Act, this statute and KRS 161.164, may be cited as the Teaching American Principles Act.

158.197 Elective course on religious scripture -- Purpose -- Restrictions -- School council or governing body authorized to display historic religious and nonreligious artifacts, monuments, symbols, and texts in conjunction with course of study.

(1) A school-based decision making council under administrative regulations of the Kentucky Board of Education may offer students in grade nine (9) or above:

(a) An elective social studies course on the Hebrew Scriptures, Old Testament of the Bible;

(b) An elective social studies course on the New Testament of the Bible; or

(c) 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:

(a) 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

(b) Familiarize students with, as applicable:

1. The contents of the Hebrew Scriptures or New Testament;

2. The history of the Hebrew Scriptures or New Testament;

3. The literary style and structure of the Hebrew Scriptures or New Testament; and

4. The influence of the Hebrew Scriptures or New Testament on law, history, government, literature, art, music, customs, morals, values, and culture.

(3) A student shall not be required to use a specific translation as the sole text of the Hebrew Scriptures or New Testament and may use as the basic textbook a different translation of the Hebrew Scriptures or New Testament from that chosen by the school council.

(4) A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in the school. A course under this section shall not endorse, favor, or promote, or disfavor or show hostility toward, any particular religion or nonreligious faith or religious perspective. A school-based decision making council, in complying with this section, shall not violate any provision of the United States Constitution or federal law, the Kentucky Constitution or any state law, or any administrative regulations of the United States Department of Education or the Kentucky Department of Education.

(5) Any school council organized pursuant to KRS 160.345 or, if none exists, the principal, may authorize the display of historic artifacts, monuments, symbols, and texts, including but not limited to religious materials, in conjunction with a course of study that includes an elective course in history, civilization, ethics, comparative religion, literature, or other subject area that uses such artifacts, monuments, symbols, and texts as instructional material if the display is:

(a) Appropriate to the overall educational purpose of the course; and

(b) Consistent with the requirements of KRS 42.705.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 187, sec. 2, effective June 29, 2017. -- Created 2006 Ky. Acts ch. 34, sec. 4, effective March 24, 2006.

158.200 Moral instruction -- Conditions -- Quarterly reports.

(1) The boards of education of local school districts may provide an opportunity for pupils to attend moral instruction in their jurisdiction, in the manner provided in this section.

(2) (a) Local boards of education shall allow pupils to be excused for up to one (1) hour on no more than one (1) day each week, which shall include time attributed to travel to and from, to attend a district-approved request for a moral instruction offering upon receiving the consent of the pupil's parent or guardian.

(b) Moral instruction provided under this section shall not take place on school property.

(c) Pupil participation in moral instruction shall be voluntary and free from coercion by school personnel.

(d) Moral instruction shall be given without expense to any local board of education above de minimis administrative expenses incurred in carrying out this section.

(3) An individual, organization, entity, or any combination thereof seeking to provide a moral instruction offering for pupils shall submit a written, signed request to the local board of education of a school district regarding the proposed moral instruction offering. The request shall include:

(a) Contact information for the primary individual who will be providing the moral instruction, as well as all other individuals who may be transporting pupils or providing moral instruction to students through the offering;

(b) A statement acknowledging and agreeing to be bound by the requirements placed upon moral instruction offerings under this section;

(c) The address or a description of the location where the moral instruction will be provided;

(d) A transportation plan to ensure the safety of pupils while traveling to and from moral instruction within the allotted time period;

(e) A statement acknowledging and agreeing to inform the parent or guardian of a participating pupil that the school district and its employees and agents shall not incur any liability as a result of any injury sustained by the pupil related to participation in the moral instruction offering;

(f) A statement acknowledging and agreeing to indemnify and hold harmless the school district and its employees and agents against any claims relating to the moral instruction offering or transportation to or from the offering; and

(g) Proof of insurance coverage to be carried by the provider that shall include adequate insurance for liability, property loss, and personal injury of students related to the moral instruction offering or transportation to or from the offering.

(4) (a) Upon receipt of a request under subsection (3) of this section, the local board of education may make arrangements with the person seeking to provide the moral instruction offering as the local board deems necessary.

(b) Upon approval by the local board of a request under this section, the superintendent of the school district shall require each individual identified in the request to submit to a national and state criminal history background check by the Department of Kentucky State Police and the Federal Bureau of Investigation and have a clear CA/N check, provided by the individual, consistent with the provisions of KRS 160.380(7). The individuals, or the organization or entity through which the moral instruction offering will be provided, shall be responsible for all costs associated with obtaining the criminal history and CA/N checks under this paragraph.

(c) As a condition of the agreement between the local board and a provider, the local board shall require that any individual identified in the request under subsection (3) of this section be barred from providing transportation or participating in moral instruction offerings under this section upon receipt by the school district of a report documenting a record of:

1. Child abuse or neglect;

2. A sex crime or criminal offense against a victim who is a minor, as defined in KRS 17.500; or

3. A violent crime as defined in KRS 17.165; by the individual. The prohibition shall continue until the local board receives an updated record for that individual that does not contain a disqualifying item.

(5) A pupil who attends a moral instruction offering at the time specified and for the period fixed shall be:

(a) Credited with the time of attendance as if he or she had been in actual attendance in school, and the time shall be included as part of the actual school work required in KRS 158.060. A pupil shall not be penalized for any school work missed during the specified time; and

(b) Included in calculating the average daily attendance for the Support Education Excellence in Kentucky program as if the pupil was in actual attendance in school.

(6) A pupil who does not participate in a moral instruction offering shall remain in school during the time when the instruction is being given, and shall take noncredit enrichment courses or participate in educational activities not required in the regular curriculum, and that time shall be included as part of the actual school work required in KRS 158.060. Students of different grade levels may be placed into combined classrooms in accordance with maximum class size allotments as described in KRS 157.360. These courses or activities shall be supervised by certified school personnel and may include but are not limited to study hall, computer instruction, music, art, library, physical education, and tutorial assistance.

(7) A school district shall not discriminate against a pupil for his or her participation or nonparticipation in a moral instruction offering.

(8) (a) Each local board of education shall submit the following information quarterly to the Kentucky Department of Education:

1. The name of each applicant that submitted a request to provide a moral instruction offering;

2. The date of the application;

3. The local board's approval or denial of the application; and

4. If the request was denied, the reason for the denial.

(b) The Kentucky Department of Education shall compile the quarterly reports required by this subsection and submit a combined report to the Legislative Research Commission no later than December 1 of each year for referral to the appropriate Interim Joint Committee on Education.

Effective: April 10, 2026

History: Amended 2026 Ky. Acts ch. 74, sec. 14, effective April 10, 2026. -- Amended 2025 Ky. Acts ch. 111, sec. 2, effective June 27, 2025. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 206, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-7a.

158.210 Repealed, 2025.

[Repealed]

158.220 Repealed, 2025.

[Repealed]

158.230 Repealed, 2025.

[Repealed]

158.240 Repealed, 2025.

[Repealed]

158.250 Repealed, 2025.

[Repealed]

158.260 Repealed, 2025.

[Repealed]

158.270 Repealed, 1974.

[Repealed]

158.280 Repealed, 1984.

[Repealed]

158.281 Definitions for KRS 156.476, 158.281, 158.282, and 161.051.

As used in KRS 156.476, 158.282, 161.051, and this section:

(1) "Braille" means the system of reading and writing through touch commonly known as Standard English Braille;

(2) "Individualized education program (IEP)" means a written statement developed for an exceptional student eligible for special education services in accordance with administrative regulations promulgated pursuant to KRS 157.200 to 157.290;

(3) "Blind student" means a student between the ages of three (3) and twenty-one (21) for whom an individualized education program is required and who:

(a) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or

(b) Has a medically indicated expectation of visual deterioration which would bring the student within the provisions of subsection (3)(a) of this section; or

(c) Functions as if he is blind even though the student may not technically meet the visual acuity or medical standards set forth in this subsection.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 382, sec. 1, effective July 14, 1992.

158.282 Instruction of all blind students in the use of braille -- Assessment for blind students in program -- Exceptions.

(1) The purpose of KRS 156.476, 158.281, 161.051, and this section shall be to assure, to the maximum extent possible, that all blind students shall be instructed in the use of braille.

(2) The written individualized education program for each exceptional student, as promulgated by administrative regulation, shall also include the following assessment for blind students:

(a) A braille skills inventory, including an assessment of the student's strengths and weaknesses;

(b) A statement as to whether the use of braille shall be that student's primary mode of communication;

(c) The date on which braille instruction shall begin;

(d) The length of the period of instruction, and the frequency and duration of each instructional session; and

(e) The level of competency in braille reading and writing to be achieved, and the assessment measures to be used in determining if that level has been achieved.

(3) Braille instruction and use shall not be required by this section if, during the course of developing the blind student's individualized educational program, the members of the Administrative Admission and Release Committee as established for this purpose, pursuant to administrative regulations, concur that the student shall not be required to learn to read and write braille. In reaching its decision, the committee shall consider the student's reading readiness, functional reading skills, reading comprehension rate and stamina, functional writing skills, communication skills, eye condition and prognosis, and functional vision and tactile discrimination skills. Upon reaching this determination the committee shall write into the individualized education program of a blind student, the factors and evidence considered by the committee in reaching its decision.

(4) Nothing in this section shall require the exclusive use of instruction in braille if other methods of reading and writing may also be learned by the student.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 382, sec. 2, effective July 14, 1992.

158.285 Repealed, 1990.

[Repealed]

158.286 Repealed, 1990.

[Repealed]

158.290 School fundraising activities.

(1) No student shall be compelled to solicit or meet any kind of quota in a fundraising activity. Solicitations by students shall be on a completely voluntary basis and no grade changes or any other sanctions shall be imposed for refusal or failure of a student to engage in any solicitations or other fundraising activity. No public school shall promote or engage in a schoolwide fundraising project without the prior approval of the local board of education.

(2) Nothing in this section shall prohibit student participation in classes in which salesmanship is an integral part of the prescribed curriculum.

Effective: July 13, 1990

History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 405, effective July 13, 1990. -- Created 1978 Ky. Acts ch. 150, sec. 1, effective June 17, 1978.

158.292 Excused absences for students who serve as election officers.

Students who serve as election officers under KRS 117.045(9) shall be granted one (1) day of excused absence for each election day served.

Effective: July 15, 2002

History: Created 2002 Ky. Acts ch. 265, sec. 2, effective July 15, 2002.

158.293 Excused absences for secondary school students who participate in Military Burial Honor Guard Program -- Inclusion in instructional program.

(1) An excused absence may be granted, subject to approval by the local school board, to all students of Kentucky secondary schools who participate in the Military Burial Honor Guard Program, as set out in KRS 36.390 to 36.396. Most likely these would be students already participating in JROTC, drum corps, or other military programs; however, the Military Burial Honor Guard Program is not limited to these students. This excused absence should include time spent training, traveling, and participating in the Military Burial Honor Guard Program.

(2) The local school board may also adopt a policy to allow students to participate in the Military Burial Honor Guard Program as a part of the instructional program.

(3) This policy of either excused absences or including Military Burial Honor Guard Program participation as a part of the instructional program shall not in any way penalize the local school district.

Effective: July 1, 2000

History: Created 2000 Ky. Acts ch. 378, sec. 5, effective July 1, 2000.

158.294 Excused absences for students who participate in Veterans' Service Organization Burial Honor Guard -- Inclusion in instructional program.

(1) An excused absence may be granted, subject to approval by the local school board, to all students of Kentucky secondary schools who participate in the Veterans' Service Organization Burial Honor Guard Program. Most likely these would be students already participating in JROTC, drum corps, or other military programs; however, the Veterans' Service Organization Burial Honor Guard Program is not limited to these students. This excused absence should include time spent training, traveling, and participating in the Veterans' Service Organization Burial Honor Guard Program.

(2) The local school board may also adopt a policy to allow students to participate in the Veterans' Service Organization Burial Honor Guard Program as a part of the instructional program.

(3) This policy of either excused absences or including Veterans' Service Organization Burial Honor Guard Program participation as a part of the instructional program shall not in any way penalize the local school district.

Effective: July 1, 2002

History: Created 2002 Ky. Acts ch. 43, sec. 5, effective July 1, 2002.

158.295 Repealed, 1990.

[Repealed]

158.297 Meningococcal meningitis disease and vaccine information.

(1) If, at the beginning of a school year, a board of education for a local school district provides information on immunizations, infectious disease, medications, or other school health issues to parents and guardians of students in grades six (6) through twelve (12), then the following information about meningococcal meningitis disease and its vaccine shall be included:

(a) A description of causes, symptoms, and means of transmission;

(b) A list of sources for additional information; and

(c) Related recommendations issued by the National Centers for Disease Control and Prevention.

(2) The Department of Education, in cooperation with the Department for Public Health, shall develop and make available the information about meningococcal meningitis disease and its vaccine to local school districts as required under subsection (1) of this section in an efficient manner that shall include posting the information on its Web site.

Effective: July 12, 2006

History: Created 2006 Ky. Acts ch. 129, sec. 1, effective July 12, 2006.

158.299 Type 1 diabetes informational materials -- Requirements.

(1) (a) The Kentucky Department of Education, in coordination with the Department for Public Health, the Kentucky Board of Licensed Diabetes Educators, or any other entity the department deems appropriate, shall develop Type 1 diabetes informational materials for the parents and guardians of students. The informational materials shall include but not be limited to a:

1. Description of Type 1 diabetes;

2. Description of the risk factors and warning signs associated with Type 1 diabetes;

3. Description of the need for screening for early detection of Type 1 diabetes using a blood autoantibody test; and

4. Recommendation for parents and guardians to immediately consult with their child's primary care provider to develop an appropriate treatment plan if they believe that their child displays warning signs associated with Type 1 diabetes or has received positive early detection screening results. Parents and guardians shall be advised that a treatment plan may include consultation with, and examination by, a specialty health care provider licensed to practice medicine or osteopathy, including but not limited to an endocrinologist.

(b) The department shall make the informational materials required by this subsection available to school districts at no cost on the department's website.

(2) Each local board of education and public charter school board of directors shall make the Type 1 diabetes informational materials developed in accordance with subsection (1) of this section available on the school or school district website, in the main front entrance of each school, and in each family resource and youth services center.

Effective: July 15, 2026

History: Created 2026 Ky. Acts ch. 85, sec. 16, effective July 15, 2026.

158.300 Repealed, 1982.

[Repealed]

158.301 Legislative findings on skin cancer risks -- Schools encouraged to educate students on risks of exposure to ultraviolet rays.

(1) The General Assembly finds that:

(a) The chief cause of skin cancer is exposure to ultraviolet rays from natural sunlight and artificial sources;

(b) According to the American Cancer Society, skin cancer is one (1) of the most common types of cancer in the United States, with one (1) in five (5) Americans developing skin cancer in his or her lifetime and one (1) American dying from skin cancer every hour;

(c) The lifetime risk of getting skin cancer is linked to sun exposure and sunburn during childhood and adolescence;

(d) World and national health organizations have published guidelines or instructional materials regarding sun safety and skin cancer prevention for schools; and

(e) Schools have the potential to positively influence pupil behavior regarding skin cancer prevention.

(2) The General Assembly hereby encourages each public school to provide age- appropriate education to all students on the risks associated with exposure to ultraviolet rays from natural sunlight and artificial sources.

(a) The education should be included within the existing health curriculum as required by KRS 156.160(1)(a) and in accordance with the curriculum policy adopted by the school-based decision making council or, if none exists, by the school principal.

(b) The education should be consistent with guidelines published by world or national health organizations and should include, but not be limited to:

1. The facts and statistics about skin cancer;

2. The cause and impact of skin cancer; and

3. Strategies and behaviors to reduce individual risks for skin cancer.

(c) The Kentucky Department of Education shall provide instructional resources, including information from national standards and health organizations.

Effective: July 12, 2006

History: Created 2006 Ky. Acts ch. 148, sec. 1, effective July 12, 2006.

158.302 Cardiopulmonary resuscitation training required for high school students.

(1) The General Assembly hereby finds that training Kentucky students in cardiopulmonary resuscitation procedures will:

(a) Increase students' ability to respond to emergency situations at school, home, and public places;

(b) Benefit Kentucky communities by rapidly increasing the number of people ready to respond to sudden cardiac arrest, a leading cause of death in the United States; and

(c) Assist students in becoming responsible citizens consistent with the goals established in KRS 158.6451.

(2) Every public high school shall provide cardiopulmonary resuscitation training to students as part of the health course or the physical education course that is required for high school graduation or the Junior Reserve Officers Training Corps course that meets the physical education requirement. The training shall:

(a) Be based on the nationally recognized, evidenced-based guidelines for cardiopulmonary resuscitation certification published by a national accrediting body on heart health;

(b) Incorporate psychomotor skills training to support cognitive learning; and

(c) Make students aware of the purpose of an automated external defibrillator and its ease and safety of use.

(3) The training does not have to be provided by a certified instructor or result in students being certified in cardiopulmonary resuscitation.

(4) A school administrator may waive the requirement that a student receive instruction under subsection (2) of this section if the student has a disability or is physically unable to perform the psychomotor skills component of the instruction required.

Effective: June 29, 2023

History: Amended 2023 Ky. Acts ch. 165, sec. 3, effective June 29, 2023. -- Created 2016 Ky. Acts ch. 70, sec. 1, effective July 15, 2016.

158.303 Educational segment on prevention of pediatric abusive head trauma encouraged.

Kentucky schools are encouraged to include a segment concentrating on the prevention of pediatric abusive head trauma, as defined in KRS 620.020, during a student's final year of study at Kentucky high schools. Important areas of concentration for this segment would include information related to the prevention and recognition of pediatric abusive head trauma. This segment should also suggest methods of calming crying infants, techniques for caregivers to use to calm themselves when confronted with an infant that is crying inconsolably, and a discussion relating to selecting responsible care providers for infant children.

Effective: July 15, 2010

History: Created 2010 Ky. Acts ch. 171, sec. 3, effective July 15, 2010.

158.305 Definitions for section -- Implementation of multitiered system of supports

for kindergarten through grade three -- Evidence -- Assistance -- Universal screener and diagnostic assessment -- Comprehensive reading program -- Training -- Reading improvement plan and team -- Accelerated interventions - - Teacher academies or coaching models -- Web-based resource -- Collaboration -- Screening not to be considered evaluation for special education.

(1) As used in this section:

(a) "Aphasia" means a condition characterized by either partial or total loss of the ability to communicate verbally or through written words. A person with aphasia may have difficulty speaking, reading, writing, recognizing the names of objects, or understanding what other people have said. The condition may be temporary or permanent and does not include speech problems caused by loss of muscle control;

(b) "Dyscalculia" means the inability to understand the meaning of numbers, the basic operations of addition and subtraction, the complex operations of multiplication and division, or to apply math principles to solve practical or abstract problems;

(c) "Dysgraphia" means difficulty in automatically remembering and mastering the sequence of muscle motor movements needed to accurately write letters or numbers;

(d) "Dyslexia" has the same meaning as in KRS 158.307;

(e) "Enrichment program" means accelerated intervention within the school day or outside of the school day or school calendar led by individuals most qualified to provide the intervention that includes evidence-based reading instructional programming related to reading instruction in the areas of phonemic awareness, phonics, fluency, vocabulary, and comprehension, and other instructional strategies aligned to reading and writing standards required by KRS 158.6453 and outlined in administrative regulation promulgated by the Kentucky Board of Education;

(f) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21);

(g) "Phonemic awareness" has the same meaning as in KRS 158.307;

(h) "Reading diagnostic assessment" has the same meaning as in KRS 158.792;

(i) "Reading improvement plan" means an accelerated intervention plan for a student in kindergarten through grade four (4) that is developed to increase a student's rate of progress toward proficient performance in reading that is identified as necessary based on the student's results on an approved reading diagnostic assessment. This plan should be developed in collaboration and accordance with any existing program services plan, individualized education program, or Section 504 Plan unless the program services plan, individualized education program, or Section 504 Plan already addresses improving reading;

(j) "Reading improvement team" means a team that develops and oversees the progress of a reading improvement plan and includes:

1. The parent or guardian of the student that is the subject of the reading improvement plan;

2. No less than one (1) regular education teacher of the student to provide information about the general curriculum for same-aged peers;

3. A representative of the local education agency who is knowledgeable about the reading curriculum and the availability of the evidence-based literacy resources of the local education agency; and

4. Any specialized certified school employees for students receiving language instruction educational programming or special education services; and

(k) "Universal screener" means a process of providing a brief assessment to all students within a grade level to assess the students' performance on the essential components of reading.

(2) Notwithstanding any other statute or administrative regulation to the contrary, the Kentucky Board of Education shall promulgate administrative regulations to further define a multitiered system of supports for district-wide use of a system for students in kindergarten through grade three (3), that includes a tiered continuum of interventions with varying levels of intensity and duration and which connects general, compensatory, and special education programs to provide interventions implemented with fidelity to evidence-based research and matched to individual student strengths and needs. At a minimum, evidence of implementation shall be submitted by the district to the department by October 1 of each year and shall include but not be limited to the activities required under KRS 158.649.

(3) The department shall provide technical assistance and training, if requested by a local district, to assist in the implementation of the district-wide, multitiered system of supports as a means to identify and assist any student experiencing difficulty in reading, writing, mathematics, or behavior and to determine appropriate instructional modifications needed by advanced learners to make continuous progress.

(4) The technical assistance and training shall be designed to improve:

(a) The use of specific screening processes and programs to identify student strengths and needs;

(b) The use of screening data for designing instructional interventions;

(c) The use of multisensory instructional strategies and other interventions validated for effectiveness by evidence-based research;

(d) Progress monitoring of student performance; and

(e) Accelerated, intensive, direct instruction that addresses students' individual differences, including advanced learners, and enables students that are experiencing difficulty to catch up with typically performing peers.

(5) (a) Each superintendent or public charter school board of directors shall select:

1. At least one (1) universal screener for reading that is determined by the department to be reliable and valid to be administered to all students in kindergarten through grade three (3); and

2. At least one (1) reading diagnostic assessment for reading that is determined by the department to be reliable and valid to be administered as part of a multitiered system of supports for students in kindergarten through grade three (3).

(b) Notwithstanding KRS 158.6453(19) and 160.345, each superintendent or public charter school board shall adopt a common comprehensive reading program that is determined by the department to be reliable, valid, and aligned to reading and writing standards required by KRS 158.6453 and outlined in administrative regulation promulgated by the Kentucky Board of Education for kindergarten through grade three (3) for all schools or a subset of schools, with consultation of all affected elementary school councils.

(c) All teachers of students in kindergarten through grade three (3), including public charter school teachers, shall be trained on any reading diagnostic assessment and universal screener selected by the superintendent or public charter school board prior to administration of the assessment. The training shall address:

1. How to properly administer the reading diagnostic assessment;

2. How to interpret the results of the reading diagnostic assessment to identify students needing interventions;

3. How to use the assessment results to design instruction and interventions;

4. The use of the assessment to monitor the progress of student performance; and

5. The use of accelerated, intensive, and direct instruction that addresses students' individual differences and enables students to achieve proficiency in reading, including but not limited to daily, one-on-one instruction.

(6) A universal screener determined by the department to be reliable and valid shall be:

(a) Given in the first forty-five (45) days of the school year for all kindergarten students at a public school or public charter school;

(b) Given in the first thirty (30) days of the school year for grades one (1) through three (3) at a public school or public charter school; and

(c) Given within the final fourteen (14) instructional days of the school year to all students in kindergarten and first grade at a public school or public charter school.

(7) A reading improvement plan shall be developed and implemented by a reading improvement team for any student in kindergarten through grade three (3) identified as needing accelerated interventions to progress toward proficient performance in reading. The reading improvement plan shall require:

(a) Intensive intervention that includes effective instructional strategies and appropriate instructional materials necessary to help the student make accelerated progress toward proficient performance in reading and become ready for the next grade, including but not limited to daily, one-on-one instruction with students the most in need provided by certified teachers specifically trained to provide one-on-one instruction;

(b) A school to provide a written quarterly progress report containing the information required by paragraph (a) of this subsection to a parent or guardian of any student subject to a reading improvement plan. The written quarterly progress report for the reading improvement plan may be included in the school's existing quarterly progress report; and

(c) Individual placement decisions for children who are eligible for special education and related services to be determined by the appropriate admissions and release committee in accordance with administrative regulations promulgated by the Kentucky Board of Education.

(8) If a student's rate of progress toward proficient performance in reading needs accelerated interventions as demonstrated by the results of an approved reading diagnostic assessment, the local school district shall provide:

(a) Enrichment programs through grade three (3) using evidence-based reading instruction and other strategies;

(b) Intensive instructional services, progress monitoring measures, and supports to students through grade three (3); and

(c) Parents and legal guardians of students identified for accelerated interventions in reading in kindergarten through grade three (3) with a "Read at Home" plan, including information on how to participate in regular parent-guided home reading.

(9) (a) Beginning in the 2025-2026 school year:

1. A kindergarten student who had a reading improvement plan for the school year may remain in kindergarten for an additional school year if a school determines that the student:

a. Did not meet grade level benchmarks in reading while in kindergarten as determined by the universal screener given in accordance with subsection (6) of this section;

b. Did not master the Kentucky reading academic standards for kindergarten students based on assessments given in accordance with KRS 158.6453(8); or

c. Is not properly prepared to be successful in the first grade; and

2. A first-grade student who had a reading improvement plan for the school year shall remain in first grade for an additional school year if a school determines that the student:

a. Did not meet grade level benchmarks in reading while in first grade as determined by the universal screener given in accordance with subsection (6) of this section;

b. Did not master the Kentucky reading academic standards for first grade students based on assessments given in accordance with KRS 158.6453(8); or

c. Is not properly prepared to be successful in the second grade.

(b) Notwithstanding paragraph (a) of this subsection, placement decisions for students eligible for special education and related services shall be determined by the admissions and release committee in accordance with administrative regulations promulgated by the Kentucky Board of Education.

(c) Notwithstanding paragraph (a) of this subsection, a student who remained in kindergarten under this subsection shall not subsequently be required to remain in first grade, and a student shall not be required to remain in first grade for more than one (1) additional year.

(d) The school shall reevaluate and make necessary changes to the reading improvement plan of any student remaining in kindergarten or first grade and shall continue to provide all programs and services required under subsection

(8) of this section during the additional year of kindergarten or first grade.

(e) A student provided an additional year of kindergarten or first grade under this subsection may advance through the primary school program when it is determined by the school to be in the best educational interest of the student pursuant to KRS 158.031.

(10) If a student does not score in the proficient performance level or higher in reading, as defined in KRS 158.791(2), on the state annually required grade three (3) assessment, the local school district shall provide:

(a) 1. Enrichment programs in grade four (4) using evidence-based reading instruction and other strategies; or

2. Intensive instructional services, progress monitoring measures, and supports to students in grade four (4); and

(b) Written notification of the interventions and supports described in paragraph

(a) of this subsection to the parent or legal guardian of the student, including a description of proposed interventions and supports to be provided.

(11) By September 1, 2023, if funds are appropriated, the department shall establish required teacher academies or coaching models for teachers of students in prekindergarten through grade three (3). The teacher academies or coaching models shall be related to evidence-based practices in instruction, instructional materials, and assessment in reading.

(12) The department shall develop and maintain a web-based resource providing teachers access to:

(a) Information on the use of specific screening processes and programs to identify student strengths and needs, including those for advanced learners;

(b) Current, evidence-based research and age-appropriate instructional tools that may be used for substantial, steady improvement in:

1. Reading when a student is experiencing difficulty with phonemic awareness, phonics, vocabulary, fluency, general reading comprehension, or reading in specific content areas, or is exhibiting characteristics of dyslexia, aphasia, or other reading difficulties;

2. Writing when a student is experiencing difficulty with consistently producing letters or numbers with accuracy or is exhibiting characteristics of dysgraphia;

3. Mathematics when a student is experiencing difficulty with basic math facts, calculations, or application through problem solving, or is exhibiting characteristics of dyscalculia or other mathematical difficulties; or

4. Behavior when a student is exhibiting behaviors that interfere with his or her learning or the learning of other students; and

(c) Current, evidence-based research and age-appropriate instructional tools that may be used for continuous progress of advanced learners.

(13) The department shall encourage districts to utilize both state and federal funds as appropriate to implement a district-wide multitiered system of supports.

(14) The department is encouraged to coordinate technical assistance and training on current best practice interventions with state postsecondary education institutions.

(15) The department shall collaborate with the statewide reading research center established under KRS 164.0207, the Kentucky Center for Mathematics, the Kentucky Center for Instructional Discipline, the Education Professional Standards Board, the Council on Postsecondary Education, postsecondary teacher education programs, and other agencies and organizations as deemed appropriate to ensure that teachers are prepared to utilize evidence-based interventions in reading, writing, mathematics, and behavior.

(16) In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services and nothing in this section shall limit a school district from completing an initial evaluation of a student suspected of having a disability.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 103, sec. 1, effective June 27, 2025. -- Amended 2023 Ky. Acts ch. 55, sec. 6, effective July 1, 2024. -- Amended 2022 Ky. Acts ch. 40, sec. 2, effective March 29, 2022. -- Amended 2018 Ky. Acts ch. 88, sec. 2, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 156, sec. 2, effective April 10, 2017. -- Created 2012 Ky. Acts ch. 45, sec. 1, effective July 12, 2012.

Legislative Research Commission Note (3/29/2022). 2022 Ky. Acts ch. 40, sec. 10, provides that the Act, which amended this statute, may be cited as the Read to Succeed Act.

Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 88, sec. 4, provides that 2018 Ky. Acts ch. 88 shall be known and may be cited as the Ready to Read Act. This statute was amended in Section 2 of that Act.

158.306 Approved list of reading curriculum and interventions -- Standards -- Science of reading program -- Three-cueing system prohibited -- Administrative regulations.

(1) As used in this section:

(a) "Curriculum" means the content and plan for instruction, including materials, instructional programs, texts, lesson plans, and assessments needed to help students develop critical skills, knowledge, and meet or exceed proficiency in required academic standards;

(b) "Educator preparation program" means a program approved by the Education Professional Standards Board that prepares individuals for licensure as teachers, school leaders, or other school or district administrators;

(c) "Reading intervention" means curriculum, activities, and evidence-based strategies used to accelerate student progress toward proficiency in reading, including but not limited to individual instruction, small groups, multisensory approaches, tutoring, mentoring, and the use of technology that targets specific reading skills and abilities; and

(d) "Three-cueing system" means any model of teaching students to read based on meaning, structure and syntax, and visual cues, which may also be known as "MSV."

(2) The Kentucky Department of Education shall establish an approved list of reading curriculum and interventions that are scientifically researched and evidence-based that may be used by schools to meet the requirements of subsection (3)(b) of this section and that do not include instructional strategies that employ the three-cueing system of reading.

(3) (a) By the 2029-2030 school year, no public school district shall use any curriculum, reading intervention, or program of instruction that utilizes the three-cueing system of teaching students to read.

(b) Each public school district shall ensure that:

1. All curriculum, reading interventions, and programs of instruction utilized to teach students to read are high-quality, fully aligned to state content standards, and based on literacy strategies that are scientifically researched with proven results in teaching phonemic awareness, phonics, fluency, vocabulary, and comprehension;

2. Beginning with the 2029-2030 school year, no school in the district is utilizing a three-cueing system of teaching students to read; and

3. By June 30, 2029, all interdisciplinary early childhood through grade five (5) educators have completed a science of reading professional learning program approved by the department.

(4) Beginning with the 2030-2031 school year, if the Kentucky Board of Education determines that a public school district has violated subsection (3) of this section, the board shall notify the public school district of the violation.

(5) The department, the Education Professional Standards Board, educational cooperatives, special education cooperatives, early childhood regional training centers, and local school districts are prohibited from providing or utilizing any professional development that uses the three-cueing system of teaching students to read.

(6) The Education Professional Standards Board shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish criteria for reading curriculum for each state-approved educator preparation program.

Effective: April 10, 2026

History: Created 2026 Ky. Acts ch. 74, sec. 1, effective April 10, 2026.

158.307 Dyslexia toolkit to assist school districts in instructing students with dyslexia -- Professional development related to dyslexia -- Local board of education policy to identify and assist students in kindergarten through grade three with dyslexia -- Annual report.

(1) As used in this section:

(a) "Dyslexia" means a specific learning disability that is neurological in origin. It is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede the growth of vocabulary and background knowledge;

(b) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21); and

(c) "Phonemic awareness" means the ability to recognize that a spoken word consists of a sequence of individual sounds and the ability to manipulate individual sounds in speaking.

(2) The Department of Education shall make available a dyslexia toolkit that includes guidance, technical assistance, and training to assist all local school districts in the implementation of evidence-based practices for instructing students identified with or displaying characteristics of dyslexia.

(3) The dyslexia toolkit shall include but not be limited to the following guidance for local districts targeting students in kindergarten through grade three (3) who have been identified with or displaying characteristics of dyslexia:

(a) Evidence-based practices designed specifically for students with dyslexia;

(b) Characteristics of targeted instruction for dyslexia;

(c) Guidance on developing instructional plans for students with dyslexia;

(d) Best practices toward meaning-centered reading and writing;

(e) Structured multisensory and literacy approaches to teaching language and reading skills; and

(f) Suggested professional development activities.

(4) The department shall collaborate with the Education Professional Standards Board, Council on Postsecondary Education, and other groups as necessary to improve and update professional development opportunities for teachers specifically related to dyslexia. Professional development opportunities may focus on:

(a) Development and ongoing implementation of training and coaching for teachers;

(b) Identifying high-quality trainers to provide support to local districts utilizing a coaching model to develop building level dyslexia experts;

(c) Developing awareness training modules for all instructional staff to include information about characteristics of dyslexia; and

(d) Evidence-based interventions, structured multisensory and literacy approaches to teach language and reading skills, and accommodations for dyslexia and other specific learning disabilities.

(5) Each local board of education shall develop a policy addressing the implementation of a program for the identification of and strategies for assisting students in kindergarten through grade three (3) with dyslexia.

(6) The local board policies shall include but not be limited to:

(a) The definition and characteristics of dyslexia;

(b) A process for identifying students who are displaying characteristics of dyslexia;

(c) A process for the utilization of evaluation tools to accurately identify students who are displaying characteristics of dyslexia. Any qualified dyslexia evaluation tool utilized by a local district shall address but not be limited to the following components:

1. Phonological awareness and phonemic awareness;

2. Sound symbol recognition;

3. Alphabet knowledge;

4. Decoding skills;

5. Encoding skills; and

6. Rapid naming;

(d) A process for how evaluation tools are administered and evaluated by trained district personnel or licensed professionals;

(e) A process for outreach to parents of students identified with or displaying the characteristics of dyslexia with information and resource materials and how dyslexia may be addressed in the student's educational setting;

(f) Identification of evidence-based interventions, structured multisensory and literacy approaches to teach language and reading skills, and accommodations that schools may utilize to provide services to students identified as having dyslexia; and

(g) A process for monitoring a student's progress, including assessments to ascertain whether the intervention services improve the student's language processing and reading skills.

(7) By June 30, 2028, and June 30 of each year thereafter for five (5) years, each local school district shall provide the department the following data for the current school year:

(a) The number of students in kindergarten through grade three (3) that were identified through the approved universal screener and reading diagnostic assessment as defined in KRS 158.305 as displaying characteristics of dyslexia;

(b) The number of students in paragraph (a) of this subsection that were identified as needing enrichment programs as defined in KRS 158.305;

(c) The number of students in kindergarten through grade three (3) that were participating in literacy interventions within the school setting; and

(d) The process or tools used to evaluate student progress.

Effective: April 10, 2026

History: Amended 2026 Ky. Acts ch. 74, sec. 2, effective April 10, 2026. -- Created 2018 Ky. Acts ch. 88, sec. 1, effective July 14, 2018.

Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 88, sec. 4 provides that 2018 Ky. Acts ch. 88 shall be known and may be cited as the "Ready to Read Act." This statute was created in Section 1 of that Act.

158.310 Repealed, 1982.

[Repealed]

158.320 Repealed, 1982.

[Repealed]

158.330 Repealed, 1982.

[Repealed]

158.340 Repealed, 1982.

[Repealed]

158.350 Repealed, 1982.

[Repealed]

158.355 Repealed, 1990.

[Repealed]

Preschool Programs Preschool Programs

158.360 Family literacy services.

(1) The Office of Adult Education shall provide technical assistance to providers to develop family literacy services. The technical assistance shall be evaluated on a regular basis by contracted evaluators outside the program.

(2) The services shall:

(a) Provide parents with instruction in basic academic skills, life skills which include parenting skills, and employability skills;

(b) Provide the children with developmentally appropriate educational activities;

(c) Provide planned high-quality educational experiences requiring interaction between parents and their children;

(d) Be of sufficient intensity and duration to help move families to self- sufficiency and break the cycle of under education and poverty; and

(e) Be designed to reduce duplication with other educational providers to ensure high quality and efficient services.

Effective: June 27, 2019

History: Amended 2019 Ky. Acts ch. 146, sec. 28, effective June 27, 2019. -- Amended 2006 Ky. Acts ch. 211, sec. 87, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 526, secs. 11 and 26, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 127, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 145, sec. 4, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 405, sec. 27, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 456, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 470, sec. 25, effective July 1, 1990; and ch. 476, Pt. V, sec. 406, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 158, sec. 1, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 378, sec. 1, effective July 15, 1986.

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.

158.380 Repealed, 1990.

[Repealed]

158.385 Repealed, 1990.

[Repealed]

158.390 Repealed, 1990.

[Repealed]

158.395 Repealed, 1990.

[Repealed]

158.405 Repealed, 1990.

[Repealed]

158.410 Repealed, 1990.

[Repealed]

158.415 Repealed, 1990.

[Repealed]

158.420 Repealed, 1990.

[Repealed]

158.425 Repealed, 1990.

[Repealed]

158.430 Repealed, 1990.

[Repealed]

School Safety and School Discipline School Safety and School Discipline

158.440 Legislative findings on school safety and order.

The General Assembly finds that:

(1) Every student should have access to a safe, secure, and orderly school that is conducive to learning;

(2) All schools and school districts must have plans, policies, and procedures dealing with measures for assisting students who are at risk of academic failure or of engaging in disruptive and disorderly behavior; and

(3) State and local resources are needed to enlarge the capacities for research, effective programming, and program evaluation that lead to success in addressing safety and discipline within the schools.

Effective: April 10, 1998

History: Created 1998 Ky. Acts ch. 493, sec. 1, effective April 10, 1998.

158.441 Definitions for chapter.

As used in this chapter:

(1) "Intervention services" means any preventive, developmental, corrective, supportive services or treatment provided to a student who is at risk of school failure, is at risk of participation in violent behavior or juvenile crime, or has been expelled from the school district. Services may include, but are not limited to, screening to identify students at risk for emotional disabilities and antisocial behavior; direct instruction in academic, social, problem solving, and conflict resolution skills; alternative educational programs; psychological services; identification and assessment of abilities; counseling services; medical services; day treatment; family services; work and community service programs;

(2) "Kentucky State Police school resource officer" or "KSPSRO" means a Kentucky State Police officer, CVE R Class, or Trooper R Class, as defined in KRS 16.010, who is employed by a school district as a school resource officer, as defined in this section, through a contract as secondary employment for the officer;

(3) "School activities" means official school functions held on school property, including student attendance days as defined in KRS 158.070, athletic events, and graduation;

(4) "School property" means any public school building, public school vehicle, public school campus, grounds, recreational area, or athletic field in the charge of the school district;

(5) "School resource officer" or "SRO" means an officer whose primary job function is to work with youth at a school site as described in KRS 158.4414, who has specialized training to work with youth at a school site pursuant to KRS 158.4414, and who is:

(a) 1. A sworn law enforcement officer certified under KRS 15.380 to 15.404;

2. A special law enforcement officer appointed pursuant to KRS 61.902 and certified under KRS 15.380 to 15.404; or

3. A police officer appointed pursuant to KRS 158.471; and

(b) Employed:

1. Through a contract between a local law enforcement agency and a school district;

2. Through a contract as secondary employment for an officer, as defined in KRS 16.010, between the Department of Kentucky State Police and a school district; or

3. Directly by a local board of education;

(6) "School safety" means a program of prevention that protects students and staff from substance abuse, violence, bullying, theft, the sale or use of illegal substances, exposure to weapons and threats on school grounds, and injury from severe weather, fire, and natural disasters; and

(7) "School security" means procedures followed and measures taken to ensure the security of school buildings, classrooms, and other school facilities and properties.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 165, sec. 3, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 189, sec. 9, effective July 14, 2022. -- Amended 2020 Ky. Acts ch. 5, sec. 1, effective February 21, 2020. -- Amended 2019 Ky. Acts ch. 5, sec. 1, effective March 11, 2019; and ch. 197, sec. 1, effective April 9, 2019. -- Amended 2018 Ky. Acts ch. 171, sec.4, effective April 14, 2018; and ch. 207, sec. 4, effective April 27, 2018. -- Amended 2014 Ky. Acts ch. 132, sec. 13, effective July 15, 2014. - - Created 1998 Ky. Acts ch. 493, sec. 2, effective April 10, 1998.

Legislative Research Commission Note (3/11/2019). 2019 Ky. Acts ch. 5, sec. 24 states that Sections 1 to 23 of that Act shall be known and may be cited as the School Safety and Resiliency Act. This statute was amended in Section 1 of that Act.

158.4410 State school security marshal, duties and responsibilities -- Marshal appointed by and reporting to the commissioner of the Department of Criminal Justice Training -- Annual report to the Center for School Safety, the Legislative Research Commission, and the Kentucky Board of Education -- School security risk assessment tool, purpose -- Areas considered when evaluating school security -- Annual verification of completion of state security risk assessment -- Additional mandatory training, when required.

(1) There is established within the Department of Criminal Justice Training the office of the state school security marshal. The state school security marshal shall enhance school safety by monitoring school safety and security initiatives, developing reasonable training and other guidelines, developing a school security risk assessment tool pursuant to subsection (5) of this section, and ensuring compliance with the provisions of subsection (7) of this section and KRS 158.162(3).

(2) The office of the state school security marshal shall conduct on-site reviews to ensure compliance with subsection (7) of this section and KRS 158.162(3) as deemed necessary by the state school security marshal.

(3) The state school security marshal shall be appointed by and report to the commissioner of the Department of Criminal Justice Training.

(4) By September 1 of each year the state school security marshal shall present an annual report to the board of the Center for School Safety which shall consist of a summary of the findings and recommendations made regarding the school safety and security activity of the previous school year and other items of significance as determined by the Center for School Safety or the Department of Criminal Justice Training. Once presented, the annual report information shall also be submitted to the Legislative Research Commission and the Kentucky Board of Education.

(5) By July 1, 2020, the state school security marshal shall develop and update as necessary a school security risk assessment tool in collaboration with the Center for School Safety and the Kentucky Department of Education to be used by local school districts to identify threats, vulnerabilities, and appropriate safety controls for each school within the district. The tool shall be approved by the board of directors of the Center for School Safety pursuant to KRS 158.443(9)(b) and used by local school administrators when completing a school security risk assessment in accordance with this section.

(6) The assessment tool shall enable administrators to evaluate school security compared to best practices and standards in a minimum of the following areas:

(a) School emergency and crisis preparedness planning;

(b) Security, crime, and violence prevention policies and procedures;

(c) Physical security measures;

(d) Professional development training needs;

(e) Support service roles in school safety, security, and emergency and crisis preparedness planning;

(f) School resource officer staffing, operational practices, and related services;

(g) School and community collaboration on school security; and

(h) An analysis of the cost effectiveness of recommended physical security controls.

(7) No later than July 15, 2021, and each subsequent year, the local district superintendent shall send verification to the state school security marshal and the Kentucky Department of Education that all schools within the district have completed the school security risk assessment for the previous year. School security risk assessments shall be excluded from the application of KRS 61.870 to 61.884 pursuant to KRS 61.878(1)(m).

(8) Beginning with the 2021-2022 school year and each subsequent year, any school that has not completed a school security risk assessment in the previous year shall be required to provide additional mandatory training as established by the Department of Criminal Justice Training for all staff employed at the school.

Effective:March 11, 2019

History: Created 2019 Ky. Acts ch. 5, sec. 4, effective March 11, 2019.

158.4412 Appointment of district's school safety coordinator -- School safety coordinator's functions and duties -- Policies and procedures excluded from application of KRS 61.870 to 61.884 -- Limitation of civil and criminal liability for school district, school safety coordinator, and school employees acting in good faith.

(1) Beginning with the 2019-2020 school year, each local school district superintendent shall appoint an individual to serve as the district's school safety coordinator and primary point of contact for public school safety and security functions.

(2) The district's school safety coordinator shall:

(a) Complete the school safety coordinator training program developed by the Center for School Safety within six (6) months of his or her date of appointment;

(b) Designate a school safety and security threat assessment team at each school of the district consisting of two (2) or more staff members in accordance with policies and procedures adopted by the local board of education to identify and respond to students exhibiting behavior that indicates a potential threat to school safety or security. Members of a threat assessment team may include school administrators, school counselors, school resource officers, school- based mental health services providers, teachers, and other school personnel;

(c) Provide training to school principals within the district on procedures for completion of the school security risk assessment required pursuant to KRS 158.4410;

(d) Review all school security risk assessments completed within the district and prescribe recommendations as needed in consultation with the state school security marshal;

(e) Advise the local school district superintendent by July 1, 2021, and annually thereafter of completion of required security risk assessments;

(f) Formulate recommended policies and procedures, which shall be excluded from the application of KRS 61.870 to 61.884, for an all-hazards approach including conducting emergency response drills for hostage, active shooter, and building lockdown situations in consultation and coordination with appropriate public safety agencies to include but not be limited to fire, police, and emergency medical services for review and adoption as part of the school emergency plan required by KRS 158.162. The recommended policies shall encourage the involvement of students, as appropriate, in the development of the school's emergency plan;

(g) Maintain the district's copies of the school mapping data created through the School Mapping Data Program pursuant to KRS 158.4433 to be made available to appropriate public safety agencies, but which shall be excluded from the application of KRS 61.870 to 61.884; and

(h) Ensure each school campus is toured at least once per school year, in consultation and coordination with appropriate public safety agencies, to review policies and procedures and provide recommendations related to school safety and security.

(3) The school district, school safety coordinator, and any school employees participating in the activities of a school safety and security threat assessment team, acting in good faith upon reasonable cause in the identification of students pursuant to subsection (2)(b) of this section shall be immune from any civil or criminal liability that might otherwise be incurred or imposed from:

(a) Identifying the student and implementing a response pursuant to policies and procedures adopted under subsection (2)(b) of this section; or

(b) Participating in any judicial proceeding that results from the identification.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 165, sec. 12, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 5, sec. 2, effective February 21, 2020. -- Created 2019 Ky. Acts ch. 5, sec. 5, effective March 11, 2019.

158.4414 Cooperation of school personnel with local and state law enforcement

agencies in efforts to assign certified school resource officers to each campus as funds and personnel become available -- Employment of guardians -- Memorandum of understanding between local boards of education and law enforcement agencies or the Kentucky State Police -- Policies and procedures stating the purpose of the school resource officer program and defining roles and expectations -- School resource officer to be armed with firearm -- Promulgation of administrative regulations establishing levels of training for certification of school resource officers -- Course curriculum, specifications for training requirements, and consequences for deficiencies in required training - - Officers to regain certification status upon completion of training deficiency - - Local school district superintendents to report annually to the Center for School Safety upon the number and placement of school resource officers in the district, source of funding, and methods of employment for each position.

(1) Local boards of education, school district superintendents, administrators of state- controlled facilities, and local and state law enforcement agencies shall cooperate to assign one (1) or more certified school resource officers to serve each campus where one (1) or more school buildings are used to deliver instruction to students on a continuous basis.

(2) Local boards of education shall ensure, for each campus in the district, that at least one (1) certified school resource officer is assigned to and working on-site full-time in the school building or buildings on the campus. If sufficient funds and qualified personnel are not available for this purpose for every campus, the local board of education shall fulfill the requirements of this subsection on a per campus basis, as approved in writing by the state school security marshal, until a certified school resource officer is assigned to and working on-site full-time on each campus in the district.

(3) Beginning with the 2026-2027 school year, a local board of education that is unable to meet the requirement of subsection (2) of this section may, after consultation with and approval by the state school security marshal, employ one (1) or more guardians pursuant to KRS 158.4431 to provide safety and security measures for schools within the district. The use of guardians under this subsection shall not be used to replace the certified school resource officer required under subsection (2) of this section, but only to provide safety and security resources until a certified school resource officer is available.

(4) Beginning with the 2026-2027 school year, a local board of education that has met the requirement of subsection (2) of this section may employ one (1) or more guardians pursuant to KRS 158.4431 to provide additional school safety and security measures within the district.

(5) Local boards of education utilizing a school resource officer employed by a law enforcement agency or the Department of Kentucky State Police shall enter into a memorandum of understanding with the law enforcement agency or the Department of Kentucky State Police that specifically states the purpose of the school resource officer program and clearly defines the roles and expectations of each party involved in the program. The memorandum shall provide that the school resource officer shall not be responsible for school discipline matters that are the responsibility of school administrators or school employees.

(6) Local boards of education utilizing a school resource officer employed directly by the local board of education shall adopt policies and procedures that specifically state the purpose of the school resource officer program and clearly define the roles and expectations of school resource officers and other school employees.

(7) In accordance with KRS 61.926, 527.020, and 527.070, as applicable, each school resource officer shall be armed with a firearm, notwithstanding any provision of local board policy, local school council policy, or memorandum of agreement.

(8) The Kentucky Law Enforcement Council, in collaboration with the Center for School Safety, shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish, update, and maintain three (3) levels of training for certification of school resource officers as follows: School Resource Officer Training I (SRO I), School Resource Officer Training II (SRO II), and School Resource Officer Training III (SRO III). Each level shall consist of forty (40) hours of training, with SRO I to be completed within one (1) year of the date of the officer's employment and SRO II and SRO III within the subsequent two (2) years.

(9) Course curriculum for school resource officers shall include but not be limited to:

(a) Foundations of school-based law enforcement;

(b) Threat assessment and response;

(c) Youth drug use and abuse;

(d) Social media and cyber security;

(e) School resource officers as teachers and mentors;

(f) Youth mental health awareness;

(g) Diversity and bias awareness training;

(h) Trauma-informed action;

(i) Understanding students with special needs; and

(j) De-escalation strategies.

(10) All school resource officers with active school resource officer certification status shall successfully complete forty (40) hours of annual in-service training that has been certified or recognized by the Kentucky Law Enforcement Council for school resource officers.

(11) In the event of extenuating circumstances beyond the control of an officer that prevent the officer from completing the in-service training within one (1) year, the commissioner of the Department of Criminal Justice Training or a designee may grant the officer an extension of time, not to exceed one hundred eighty (180) days, in which to complete the training.

(12) Any school resource officer who fails to successfully complete training requirements within the specified time periods, including any approved time extensions, shall lose his or her school resource officer certification and shall no longer serve in the capacity of a school resource officer in a school.

(13) When a school resource officer is deficient in required training, the commissioner of the Department of Criminal Justice Training or his or her designee shall notify the council, which shall notify the officer and the officer's employing agency.

(14) A school resource officer who has lost school resource officer certification due solely to the officer's failure to meet the training requirements of this section may regain certification status as a school resource officer and may resume service in the capacity of a school resource officer in a school setting upon successful completion of the training deficiency.

(15) No later than November 1 of each year, the local school district superintendent shall report to the Center for School Safety the number and placement of school resource officers in the district. The report shall include the source of funding and method of employment for each position.

(16) Nothing in this section shall be interpreted or construed to require a local government or any of its agencies or offices to fund the school resource officer positions required of local boards of education under this section. For purposes of this subsection, "local government" has the same meaning as in KRS 65.8840.

(17) Nothing in this section shall prevent a private or parochial school from entering into a memorandum of understanding with a local law enforcement agency or the Department of Kentucky State Police to provide school resource officers employed by the local law enforcement agency or the Department of Kentucky State Police.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 86, sec. 7, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 165, sec. 4, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 104, sec. 1, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 189, sec. 1, effective July 14, 2022. -- Amended 2020 Ky. Acts ch. 5, sec. 3, effective February 21, 2020. -- Created 2019 Ky. Acts ch. 5, sec. 6, effective March 11, 2019.

158.4415 Kentucky State Police school resource officer (KSPSRO), specifications for employment as a school resource officer by a school district -- When officer considered an employee of the school district and when an employee of the Kentucky State Police -- Duties and prohibited activities -- Funding of position -- Rights, privileges, immunities, and matters of defense protected.

(1) A KSPSRO shall possess sworn law enforcement authority and shall be trained in school-based policing and crisis response including all training required of school resource officers. If a school district decides to utilize a KSPSRO, the school district and the officer shall first enter into a memorandum of understanding that clarifies the purpose of the KSPSRO program and the roles and expectations of the participating entities. Any contract entered into pursuant to this subsection shall include:

(a) A provision specifying that the KSPSRO shall follow the policies and procedures of the Department of Kentucky State Police and shall abide by federal, state, and local laws. The responsibility and decision to arrest or take other police action lies solely with the KSPSRO, respective to state law and the KSPSRO's departmental standard operating procedures or standing order. The KSPSRO's continual collaboration with school personnel and his or her understanding of each student's needs may impact the decision to arrest or take other police action, but the responsibility is that of the KSPSRO;

(b) A provision stipulating that the KSPSRO shall be an employee of the school district, but shall revert to Department of Kentucky State Police employee status during such time that the KSPSRO takes police action pursuant to state or federal law. The KSPSRO shall be under the immediate supervision and direction of the Department of Kentucky State Police when taking police action;

(c) A provision stipulating that the school district shall be responsible for worker's compensation coverage for the KSPSRO; and

(d) A provision detailing how liability coverage will be provided for any acts or omissions of the KSPSRO within the scope of his or her duties.

(2) (a) A KSPSRO shall promote the safety and security of students and school personnel during school activities and on school property.

(b) A KSPSRO may assist with supportive activities and programs, including but not limited to:

1. Planning and implementing procedures that train and drill all school personnel to respond to crisis events, control access to the school property during the school day, and close or partially close the school property after students arrive;

2. Identifying risk and protective factors of students; and

3. Coordinating nurturing intervention and prevention efforts.

(c) A KSPSRO shall not address school discipline issues that do not constitute crimes or that do not impact the immediate health or safety of the students or school personnel.

(d) A KSPSRO shall not administer formal school discipline such as detentions, suspensions, or expulsions. These decisions are the sole responsibility of school personnel.

(3) Notwithstanding KRS Chapter 11A, the KSPSRO shall wear the uniform and utilize the vehicles, firearms, ammunition, and equipment issued to him or her by the Department of Kentucky State Police or other agency-authorized clothing or equipment. In the event additional weapons or gear is utilized than that which is carried on his or her person, the storage of these items shall be defined by the Department of Kentucky State Police. If a vehicle or equipment is damaged during the scope of a KSPSRO's secondary employment with the school district, but not while the KSPSRO is engaged in police action, the school district is responsible for restitution to the Department of Kentucky State Police.

(4) Notwithstanding subsection (2) of this section, a KSPSRO shall be deemed an employee of the Department of Kentucky State Police for all purposes whenever engaged in any police action, including arrests, searches and seizures, uses of force, issuing citations, serving warrants, pursuing suspects, or investigating criminal offenses or vehicle accidents.

(5) Nothing in this section shall be construed to require the Department of Kentucky State Police to assign or provide funding for KSPSROs.

(6) Nothing in this section shall be deemed to waive or otherwise limit the rights, privileges, immunities, and matters of defense, now available or hereafter made available, to school districts, the Department of Kentucky State Police, any local law enforcement agency, any KSPSRO, or any school resource officer in any suit brought against them in consequence of acts or omissions.

Effective: April 9, 2019

History: Created 2019 Ky. Acts ch. 197, sec. 2, effective April 9, 2019.

158.4416 Trauma-informed approach to education -- Goals for employment of school-based counselors -- Trauma-informed team to recognize and deal with issues of student trauma -- Collaboration for services between two or more school districts or between school districts, educational cooperatives, or other public or private entities -- Annual report to department on school-based mental health service providers in each district -- Report to Interim Joint Committee on Education -- Toolkits to develop trauma-informed approach in schools -- Plan and strategies for implementing trauma-informed approach.

(1) For purposes of this section:

(a) "Direct services" means in-person or virtual services provided directly to a student by a school counselor, including but not limited to individual counseling, group counseling, and individual student planning, scheduling, and registration;

(b) "Indirect services" means services provided on behalf of a student as a result of interactions with others, including but not limited to consultation and collaboration with parents, teachers, and other educators;

(c) "School counselor" means an individual who holds a valid school counselor certificate issued in accordance with the administrative regulations of the Education Professional Standards Board;

(d) "School psychologist" means an individual who holds a valid school psychology certificate issued in accordance with the administrative regulations of the Education Professional Standards Board;

(e) "School social worker" means an individual who holds a valid school social work certificate issued in accordance with the administrative regulations of the Education Professional Standards Board;

(f) "School-based mental health services provider" means a certified school counselor, school psychologist, school social worker, or other qualified mental health professional as defined in KRS 202A.011;

(g) "Trauma" means physical, emotional, or life-threatening harm; and

(h) "Trauma-informed approach" means incorporating principles of trauma awareness and trauma-informed practices in a school in order to foster a safe, stable, and understanding learning environment for all students and staff and ensuring that all students are known well by at least one (1) adult in the school setting.

(2) The General Assembly recognizes that all schools must provide a place for students to feel safe and supported to learn throughout the school day, and that any trauma a student may have experienced can have a significant impact on the ability of a student to learn. The General Assembly directs all public schools to adopt a trauma- informed approach to education in order to better recognize, understand, and address the learning needs of students impacted by trauma and to foster a learning environment where all students, including those who have been traumatized, can be safe, successful, and known well by at least one (1) adult in the school setting. The requirements of this subsection shall apply to public charter schools as a health and safety requirement under KRS 160.1592(1).

(3) (a) As funds and qualified personnel become available:

1. Each school district and each public charter school shall employ at least one (1) school counselor in each school with the goal of the school counselor spending at least sixty percent (60%) or more of his or her time providing direct services to students and no more than forty percent (40%) of his or her time providing indirect services to students; and

2. It shall be the goal that each school district and each public charter school shall provide at least one (1) school counselor or school-based mental health services provider who is employed by the school district for every two hundred fifty (250) students, including but not limited to the school counselor required in subparagraph 1. of this paragraph.

(b) A school counselor or school-based mental health services provider at each school shall be the facilitator of a trauma-informed team to identify and assist students whose learning, behavior, and relationships have been impacted by trauma. The trauma-informed team may consist of school administrators, school counselors, school psychologists, school social workers, school-based mental health services providers, community-based mental health services providers hired by the district, family resource and youth services coordinators, school nurses, school resource officers, and any other school or district personnel.

(c) The trauma-informed team shall:

1. Provide assistance to school personnel to enable them to support students whose learning, behavior, and relationships have been impacted by trauma;

2. Identify ways to recognize and respond to mental health issues in all students; and

3. Identify ways to build resiliency and wellness in all students.

(d) Each school counselor or school-based mental health services provider providing services pursuant to this section, and the trauma-informed team members described in paragraph (b) of this subsection, shall provide training, guidance, and assistance to other administrators, teachers, and staff on:

1. Recognizing symptoms of trauma in students;

2. Utilizing interventions and strategies to support the learning needs of those students; and

3. Implementing the plan for a trauma-informed approach as described in subsection (5) of this section.

(e) 1. School districts may employ or contract for the services of school-based mental health services providers to assist with the development and implementation of a trauma-informed approach and the development of a trauma-informed team pursuant to this subsection and to enhance or expand student mental health support services as funds and qualified personnel become available.

2. School-based mental health services providers may provide services through a collaboration between two (2) or more school districts or between school districts and educational cooperatives or any other public or private entities, including but not limited to local or regional mental health day treatment programs.

(f) No later than November 1 of each year, the local school district superintendent shall report to the department the number of school-based mental health service providers, the position held, placement in the district, certification or licensure held, the source of funding for each position, a summary of the job duties and work undertaken by each school-based mental health service provider, and the approximate percent of time devoted to each duty over the course of the year.

(g) The department shall annually compile and maintain a list of school-based mental health service providers by district which shall include the information required in paragraph (f) of this subsection.

(h) No later than June 1 of each year, the department shall provide the Interim Joint Committee on Education with the information reported by local school district superintendents and compiled in accordance with paragraph (g) of this subsection.

(4) The department shall make available a toolkit that includes guidance, strategies, behavioral interventions, practices, and techniques to assist school districts and public charter schools in developing a trauma-informed approach in schools.

(5) Each local board of education and board of a public charter school shall develop a plan for implementing a trauma-informed approach in its schools. The plan shall include but not be limited to strategies for:

(a) Enhancing trauma awareness throughout the school community;

(b) Conducting an assessment of the school climate, including but not limited to inclusiveness and respect for diversity;

(c) Developing trauma-informed discipline policies;

(d) Collaborating with the Department of Kentucky State Police, the local sheriff, and the local chief of police to create procedures for notification of trauma- exposed students; and

(e) Providing services and programs designed to reduce the negative impact of trauma, support critical learning, and foster a positive and safe school environment for every student.

(6) The trauma-informed approach plan developed in accordance with subsection (5) of this section shall be reviewed and updated annually and submitted to the department. The department shall annually provide a summary of the trauma- informed approach strategies being used in districts to the board and the Legislative Research Commission for referral to the Interim Joint Committee on Education.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 145, sec. 7, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 165, sec. 5, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 234, sec. 1, effective July 14, 2022. -- Amended 2020 Ky. Acts ch. 5, sec. 4, effective February 21, 2020. -- Created 2019 Ky. Acts ch. 5, sec. 16, effective March 11, 2019.

Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 145, sec. 14, provides that the Act, which amended this section and KRS 156.070, 156.095, 156.492, 156.557, 157.360, 158.060, 158.070, and 161.031, and created KRS 158.039 and 158.041, may be cited as the Red Tape Reduction Act.

158.4418 Annual report on trauma-informed approach plans and school-based mental health services -- Model interagency agreements.

(1) The Kentucky Department of Education shall annually provide to the Kentucky Board of Education and the Legislative Research Commission for referral to the Interim Joint Committee on Education a summary of the data gathered pursuant to subsection (2)(a) to (c) of this section.

(2) The department shall:

(a) Collect the plans for a trauma-informed approach required by KRS 158.4416(5);

(b) Compile information from the 2020-2021 school year and each year thereafter regarding Medicaid billing for school-based mental health services provided by school-based or contracted mental health services providers;

(c) Compile and monitor the number and types of mental health services providers who are providing services in schools and the progress being made toward reaching the goal specified in KRS 158.4416(3)(a); and

(d) Coordinate technical assistance, professional development, and evidence- based training of school staff on childhood trauma-related experiences.

(3) The department shall collaborate with the Center for School Safety to develop model interagency agreements between local school districts and other local public agencies, including but not limited to health departments, departments of social services, mental health agencies, and courts, in order to provide cooperative services and sharing of costs for services to students who are at risk of academic failure, at risk of mental health crises, at risk of participation in juvenile crime, or who have been expelled from the school district.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 165, sec. 6, effective July 15, 2024.

158.442 Center for School Safety -- Duties -- School safety coordinator training program -- Members of board -- Center for School Safety and its board of directors not subject to reorganization by the Governor.

(1) The General Assembly hereby authorizes the establishment of the Center for School Safety. The center's mission shall be to serve as the central point for data analysis; research; dissemination of information about successful school safety and school security programs, best practices, training standards, research results, and new programs; and, in collaboration with the Department of Education and others, to provide technical assistance for safe schools.

(2) To fulfill its mission, the Center for School Safety shall:

(a) Establish a clearinghouse for information and materials concerning school violence prevention;

(b) Provide program development and implementation expertise and technical support to schools, law enforcement agencies, and communities, which may include coordinating training for administrators, teachers, students, parents, and other community representatives;

(c) Analyze the data collected in compliance with KRS 158.444;

(d) Research and evaluate school safety programs so schools and communities are better able to address their specific needs;

(e) Administer a school safety grant program for local districts as directed by the General Assembly;

(f) Promote the formation of interagency efforts to address discipline and safety issues within communities throughout the state in collaboration with other postsecondary education institutions and with local juvenile delinquency prevention councils;

(g) Prepare and disseminate information regarding best practices in creating safe and effective schools;

(h) Advise the Kentucky Board of Education on administrative policies and administrative regulations relating to school safety and security;

(i) By July 1 of each year, provide an annual report to the Governor, the Kentucky Board of Education, and the Interim Joint Committee on Education regarding the status of school safety in Kentucky, including the number and placement of school resource officers working in school districts in Kentucky and the source of funding and method of employment for each position in accordance with KRS 158.4414;

(j) Develop and implement a school safety coordinator training program based on national and state best practices in collaboration with the Kentucky Department of Education for school safety coordinators appointed pursuant to KRS 158.4412. The training shall be approved by the board of directors of the Center for School Safety and include instruction on at least the following:

1. Policies and procedures for conducting emergency response drills using an all-hazards approach including hostage and active shooter situations;

2. Identification and response to threats to school safety and security; and

3. Preparing for, conducting, and reviewing school security risk assessments in accordance with KRS 158.4410;

(k) Develop and implement a system to provide certification to school districts that the center has verified that:

1. A potential Kentucky guardian, as defined in KRS 158.4431, has met all of the requirements of KRS 158.4431(3); and

2. Individuals employed as guardians meet the requirements of KRS 158.4431(4) and (5), as necessary;

(l) If funds are available, employ an individual whose job responsibilities include oversight of the guardian program, including but not limited to:

1. The requirements of paragraph (k) of this subsection; and

2. The creation of model policy to be used by local boards of education when adopting the policies in KRS 158.4431(8); and

(m) Award a school safety coordinator certificate of completion to a school safety coordinator upon satisfactory completion of the training program.

(3) The Center for School Safety shall be governed by a board of directors consisting of fifteen (15) members. Members shall consist of:

(a) The commissioner or a designee of the Department of Education;

(b) The secretary or a designee of the Cabinet for Health and Family Services;

(c) The commissioner or a designee of the Department for Behavioral Health, Developmental and Intellectual Disabilities;

(d) The commissioner or a designee of the Department of Kentucky State Police;

(e) The commissioner or a designee of the Department of Criminal Justice Training;

(f) The executive director or a designee of the Kentucky Office of Homeland Security;

(g) A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky League of Cities;

(h) A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky School Boards Association;

(i) A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky Association of School Superintendents;

(j) A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky Association of School Resource Officers;

(k) A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky Education Association;

(l) A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky School Nurses Association;

(m) A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky Association for Psychology in the Schools;

(n) A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky School Counselor Association; and

(o) A representative which shall be appointed by the Governor from one (1) list of three (3) names submitted by the Kentucky Parent Teacher Association.

(4) Notwithstanding KRS 12.028, the Center for School Safety and its board of directors shall not be subject to reorganization by the Governor.

Effective: April 14, 2026

History: Amended 2026 Ky. Acts ch. 163, sec. 3, effective April 14, 2026. -- Amended 2024 Ky. Acts ch. 165, sec. 2, effective July 15, 2024. -- Amended 2019 Ky. Acts ch. 5, sec. 2, effective March 11, 2019. -- Amended 2012 Ky. Acts ch. 146, sec. 14, effective July 12, 2012; and ch. 158, sec. 10, effective July 12, 2012. -- Amended 2009 Ky. Acts ch. 11, sec. 48, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 84, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 14, sec. 11, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 493, sec. 3, effective April 10, 1998.

158.443 Terms of board members -- Meetings -- Selection of administrator for the center -- Duties of board of directors.

(1) Each nonstate-government employee member of the board of directors for the Center for School Safety shall serve a term of four (4) years or until his or her successor is duly qualified. A member may be reappointed, but shall not serve more than two (2) consecutive terms.

(2) The members who are nonstate-government employees shall be reimbursed for travel, meals, and lodging and expenses relating to official duties of the board from funds appropriated for this purpose.

(3) The board of directors shall meet a minimum of four (4) times per year. The board of directors shall be attached to the Office of the Secretary of the Education and Labor Cabinet for administrative purposes.

(4) The board of directors shall annually elect a chair and vice chair from the membership. The board may form committees as needed.

(5) The board of directors shall appoint an executive director for the Center for School Safety and establish all positions for appointment by the executive director.

(6) Using a request-for-proposal process, the board of directors shall select a public university or a nonprofit education entity to administer the Center for School Safety for a period of not less than four (4) years unless funds for the center are not appropriated or the board determines that the administrator for the center is negligent in carrying out its duties as specified in the request for proposal and contract. The administrator for the center shall be the fiscal agent for the center and:

(a) Receive funds based on the approved budget by the board of directors and the General Assembly's appropriation for the center. The center shall operate within the fiscal policies of the administrator of the center and in compliance with policies established by the board of directors per the request for proposal and contract; and

(b) Employ the staff of the center who shall have the retirement and employee benefits granted other similar employees of the administrator of the center.

(7) The board of directors shall annually approve:

(a) A work plan for the center;

(b) A budget for the center;

(c) Operating policies as needed; and

(d) Recommendations for grants to local school districts and schools to assist in the development of programs and individualized approaches to work with violent, disruptive, or academically at-risk students, and consistent with provisions of KRS 158.445.

(8) The board of directors shall prepare a biennial budget request to support the Center for School Safety and to provide program funds for local school district grants.

(9) The board of directors shall additionally:

(a) Approve a school safety coordinator training program developed by the Center for School Safety in accordance with KRS 158.442;

(b) Approve a school security risk assessment tool and updates as necessary in accordance with KRS 158.4410 to be incorporated by reference within an administrative regulation promulgated in accordance with KRS Chapter 13A; and

(c) Review the organizational structure and operations of the Center for School Safety and provide recommendations, as needed, for improvements in its organizational and operational performance.

(10) The board shall collaborate with the department as directed in KRS 158.4418(3), to develop model interagency agreements between local school districts and other local public agencies, including but not limited to health departments, departments of social services, mental health agencies, and courts, in order to provide cooperative services and sharing of costs for services to students who are at risk of school failure, are at risk of participation in juvenile crime, or have been expelled from the school district.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 165, sec. 7, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 236, sec. 68, effective July 1, 2022. -- Amended 2019 Ky. Acts ch. 5, sec. 3, effective March 11, 2019. -- Amended 2009 Ky. Acts ch. 11, sec. 49, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 88, effective July 12, 2006. -- Created 1998 Ky. Acts ch. 493, sec. 4, effective April 10, 1998.

158.4431 Employment of Kentucky guardians by local boards of education -- Qualifications -- Contents of required policies -- Civil and criminal immunity.

(1) As used in this section, a "Kentucky guardian" or "guardian" means an employee of a local board of education who is employed for the purpose of providing school safety and security to students and staff on a school site. A person providing services as a guardian may only include honorably discharged veterans, retired Kentucky state troopers, retired special and sworn law enforcement officers, and former federal law enforcement officers. A guardian certified by the Center for School Safety as having met all requirements of this section is deemed to be an authorized individual under KRS 527.070(3)(f) and may be armed with a firearm on school property.

(2) Local boards of education may employ as many guardians as the board considers necessary for the safety and security of its schools.

(3) Prior to hiring a guardian, the local board of education shall require the applicant to provide certification from the Center for School Safety that he or she meets all of the following minimum requirements:

(a) Is a citizen of the United States and the Commonwealth of Kentucky;

(b) Has received a high school diploma or a High School Equivalency Diploma;

(c) Is currently licensed under KRS 237.110 to carry a concealed weapon;

(d) Has completed and passed background checks as required pursuant to KRS 160.380(7)(a), and has not been convicted of any felony, any misdemeanor under KRS 510.120, 510.130, 510.140, or 510.148, or a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, sexual abuse, or sexual misconduct under KRS Chapter 510, or have had any offense listed in this paragraph expunged;

(e) Has passed a medical examination completed by a licensed physician, physician assistant, or advanced practice registered nurse to determine if he or she can perform the duties of a guardian;

(f) Has passed a drug screening test administered or approved by the Kentucky Law Enforcement Council. A person shall be deemed to have passed a drug screening test if the results of the test are negative for the use of an illegal controlled substance or prescription drug abuse;

(g) Has passed the following examinations administered by the Kentucky Law Enforcement Council:

1. A background investigation to determine the person's suitability for the position of guardian;

2. A psychological suitability screening to determine the person's suitability to perform guardian duties; and

3. A polygraph examination to determine the person's suitability to perform guardian duties;

(h) Has passed the following courses provided by the Department of Criminal Justice Training:

1. Active Shooter Response;

2. Enhanced Handgun Performance; and

3. Patrol Rifle;

(i) Has passed the marksmanship qualification requirement for a retired peace officer as specified in KRS 237.140;

(j) Has been honorably discharged from the Armed Forces of the United States within the five (5) years immediately preceding an initial contract to be a guardian as evidenced by a Department of Defense form DD 214, or is a retired Kentucky state trooper, retired special or sworn law enforcement officer, or former federal law enforcement officer. Each agency that employed a retired Kentucky state trooper, retired special law enforcement officer, or sworn law enforcement officer shall provide to the retired individual proof of prior employment in a prompt and efficient manner, without charge to the individual; and

(k) Has met any other requirements imposed by the local board of education, which may include but are not limited to a preemployment written examination.

(4) Each guardian shall be required to complete annual firearm proficiency testing and shall meet the standard in the same manner as set forth in KRS 237.140(4)(a) to (c).

(5) Each guardian shall be required to complete the course requirements for School Resource Officer Training I (SRO I) as set forth in KRS 158.4414(8).

(6) The employing local board of education may require the completion of any additional courses and training as determined to be necessary by the board.

(7) Any cost associated with subsections (3) to (6) of this section shall be the responsibility of the guardian unless otherwise agreed to by the employing local board of education. The Kentucky Law Enforcement Council shall not charge more to guardians for tests, assessments, or training completed than what is customarily charged to any other type of applicant tested, assessed, or trained by the council.

(8) A local board of education employing a guardian shall collaborate with the local police department, local sheriff, area post of the Department of Kentucky State Police, and the state school security marshal in order to adopt school district policy regarding:

(a) The job description of the guardian, including but not limited to the scope of duties, responsibilities, and direct supervisor of the guardian;

(b) The uniform to be worn by guardians that would best suit the needs of the schools while also allowing outside agencies to easily identify guardians;

(c) The procedures, processes, and chain of command to be used during an emergency in which law enforcement agencies are called to the school; and

(d) The type of firearm and ammunition to be used by the guardian, if any.

(9) A local board of education shall be immune from civil or criminal liability in all claims arising out of any action of a guardian.

(10) Guardians shall possess all the immunities and defenses now available or hereafter made available under state law to sheriffs, constables granted peace officer powers, and police officers in any suit brought against them in consequence of acts done in the course of their employment.

(11) Nothing in this section requires a local board of education to hire or provide guardians. Participation by a local board of education in the use of a guardian is voluntary and subject to the availability of local school district funds. Any local board of education that opts to participate shall do so at its own expense.

Effective: April 10, 2026

History: Amended 2026 Ky. Acts ch. 74, sec. 12, effective April 10, 2026. -- Created 2024 Ky. Acts ch. 165, sec. 1, effective July 15, 2024.

158.4433 School Mapping Data Program -- Administration by Kentucky 911 Services Board -- Required capabilities.

(1) As used in this section, "school mapping data" means mapping information provided in an electronic or a digital format to assist first responders in responding to emergencies at schools.

(2) (a) The General Assembly does hereby establish the School Mapping Data Program to be administered by the Kentucky 911 Services Board. The Kentucky 911 Services Board shall utilize available funds to develop school mapping data for each public school, public charter school, and any private school that requests to participate in the program. The program shall be administered by the Kentucky 911 Services Board pursuant to this section, which may include contracting for services pursuant to the relevant provisions of the Kentucky Model Procurement Code in KRS Chapter 45A. The Kentucky 911 Services Board shall be responsible for ensuring that all funds received for and expended related to the School Mapping Data Program are utilized for the purposes of school mapping.

(b) The Kentucky 911 Services Board shall provide the data developed by the program to the state school security marshal, participating schools, participating districts, and local law enforcement and public safety agencies for use in response to emergencies and for conducting drills required under KRS 158.162(5). The school mapping data shall be excluded from the application of KRS 61.870 to 61.884.

(c) The Kentucky 911 Services Board shall apply for any federal grant funds that may be used to accomplish the purposes of the program. The Kentucky 911 Services Board may also solicit private funds to support the program.

(3) The School Mapping Data Program shall establish a single verified source of mapping data for each participating school campus in the state that is standardized, accurate, and accessible to public safety agencies to ensure efficient response to any emergency on a school campus. The school mapping data provided shall:

(a) Be compatible with software platforms used by local, county, state, and federal public safety agencies that provide emergency services to the specific school for which the data is provided without requiring such agencies to purchase additional software or requiring a fee to view or access the data;

(b) Be compatible with security software platforms in use by the participating school or district for which the data is provided without requiring the school or district to purchase additional software or requiring a fee to view or access the data;

(c) Be in a printable format and, if requested by a law enforcement or public safety agency or participating school or district in addition to those described in paragraph (a) of this subsection, be in a digital file format that can be integrated into interactive mobile platforms in use;

(d) Be verified by the Kentucky 911 Services Board, or any entity contracted by the Kentucky 911 Services Board to develop the mapping data pursuant to this section for accuracy by a walk-through of school buildings and grounds;

(e) Be oriented to true north;

(f) Include accurate floor plans overlaid on current, verified aerial imagery of campus;

(g) Contain site-specific labeling that matches the structure of school buildings that includes:

1. Room labels;

2. Hallway names or identifiers;

3. External door or stairwell numbers;

4. Locations of hazards;

5. Critical utility locations;

6. Key boxes;

7. Automated external defibrillators; and

8. Trauma kits;

(h) Contain site-specific labeling that matches the school grounds that includes:

1. Parking areas;

2. Athletic fields;

3. Surrounding roads; and

4. Neighboring properties;

(i) Be overlaid with a gridded coordinate system;

(j) Not be modified or updated independently without corresponding updates to school mapping data within software platforms used by local, county, state, and federal public safety agencies that provide emergency services to the specific school; and

(k) Provide to public safety agencies and participating schools or districts the school mapping data developed pursuant to the program perpetually and at no cost to the public safety agencies or participating schools or districts.

(4) A participating school district or campus shall not be required to adopt new school mapping data if, as of July 1, 2024, the school district or campus previously implemented school mapping data with capabilities that meet the requirements of subsection (3)(a) to (k) of this section.

Effective: April 14, 2026

History: Amended 2026 Ky. Acts ch. 163, sec. 1, effective April 14, 2026. -- Created 2024 Ky. Acts ch. 165, sec. 11, effective July 15, 2024.

Legislative Research Commission Note (7/15/2024). In subsection (2)(b) of this statute, a reference to "the state security marshal" has been changed in codification to read "the state school security marshal." The reviser of statutes has made this correction of a manifest clerical or typographical error under the authority of KRS 7.136.

158.444 Administrative regulations relating to school safety -- Role of Department of Education to maintain statewide data collection system -- Reportable incidents -- Annual statistical reports -- Confidentiality.

(1) The Kentucky Board of Education shall promulgate appropriate administrative regulations relating to school safety, student discipline, and related matters.

(2) The Kentucky Department of Education shall:

(a) Collaborate with the Center for School Safety in carrying out the center's mission;

(b) Establish and maintain a statewide data collection system by which school districts shall report by sex, race, and grade level:

1. a. All incidents of violence and assault against school employees and students;

b. All incidents of possession of guns or other deadly weapons on school property or at school functions;

c. All incidents of the possession or use of alcohol, prescription drugs, or controlled substances on school property or at school functions; and

d. All incidents in which a student has been disciplined by the school for a serious incident, including the nature of the discipline, or charged criminally for conduct constituting a violation of any offense specified in KRS Chapter 508; KRS 525.070 occurring on school premises, on school-sponsored transportation, or at school functions; or KRS 525.080;

2. The number of arrests, the charges, and whether civil damages were pursued by the injured party;

3. The number of suspensions, expulsions, and corporal punishments; and

4. Data required during the assessment process under KRS 158.445; and

(c) Provide all data collected relating to this subsection to the Center for School Safety according to timelines established by the center.

(3) The Department of Education shall provide the Office of Education Accountability and the Education Assessment and Accountability Review Subcommittee with an annual statistical report of the number and types of incidents reported under subsection (2)(b) of this section. The report shall include all monthly data and cumulative data for each reporting year. Reportable incidents shall be grouped in the report in the same manner that the reportable incidents are grouped in subsection (2)(b)1. of this section. Data in the report shall be sorted by individual school district, then by individual schools within that district, and then by individual grades within each school. The report shall not contain information personally identifying any student. The reporting period shall be for an academic year, and shall be delivered no later than August 31 of each year.

(4) All personally identifiable student data collected pursuant to subsection (2)(b) of this section shall be subject to the confidentiality provisions of the Kentucky Family Education Rights and Privacy Act, KRS 160.700 to 160.730, and to the federal Family Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g, and its implementing regulations.

(5) Parents, legal guardians, or other persons exercising custodial control or supervision shall have the right to inspect or challenge the personally identifiable student records as permitted under the Kentucky Family Education Rights and Privacy Act and the federal Family Educational Rights and Privacy Act and implementing regulations.

(6) Data collected under this section on an individual student committing an incident reportable under subsection (2)(b)1. of this section shall be placed in the student's disciplinary record.

Effective: July 15, 2008

History: Amended 2008 Ky. Acts ch. 125, sec. 2, effective July 15, 2008. -- Created 1998 Ky. Acts ch. 493, sec. 5, effective April 10, 1998.

158.445 Local assessment of school safety and school discipline -- District assessment -- Local plans.

(1) Each local school shall conduct an assessment of school safety and student discipline including a review of the following:

(a) Reports of school incidents relating to disruptive behaviors;

(b) The school's behavior and discipline codes for clarity and appropriate notice to students and parents;

(c) The school's hierarchy of responses to discipline problems and actual disciplinary outcomes;

(d) Training needs for instructional staff in classroom management, student learning styles, and other specialized training to enhance teachers' capacity to engage students and minimize disruptive behavior;

(e) The array of school services to students at risk of academic failure, dropping out, or truancy;

(f) The engagement of parents at the earliest stages of problem behavior;

(g) Training needs for students in the development of core values and qualities of good character, anger reduction, conflict resolution, peer mediation, and other necessary skills;

(h) Training needs of parents;

(i) Existing school council policies relating to student discipline and student information;

(j) The school's physical environment;

(k) The school's student supervision plan;

(l) Existing components of the school improvement plan or consolidated plan that focus on school safety and at-risk students, and the effectiveness of the components; and

(m) Other data deemed relevant by the school council or school administration. A school that does not complete an assessment process shall not be eligible for funds under the state school safety grant program.

(2) Each local school district shall complete a district-level assessment of district-level data, resources, policies and procedures, and district-wide needs as identified from the individual school assessment process. The district shall engage local community agencies including law enforcement and the courts in the assessment process.

(3) As a result of the district assessment and analysis of data, resources, and needs, each board of education shall adopt a plan for immediate and long-term strategies to address school safety and discipline. The development of the plan shall involve at least one (1) representative from each school in the district as well as representatives from the community as a whole, including representatives from the local juvenile delinquency prevention council if a council exists in that community. The process of planning shall be determined locally depending to a large extent on the size and characteristics of the district.

(4) The district plan under subsection (3) of this section shall be the basis for any request for funds under the state school safety grant program. The district plan shall include the local code of acceptable behavior and discipline and the transportation services policy as required under KRS 158.148 and a description of instructional placement options for threatening or violent students.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 9, sec. 3, effective July 15, 2024. -- Amended 2000 Ky. Acts ch. 162, sec. 6, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 493, sec. 6, effective April 10, 1998.

158.4451 Kentucky Office of Homeland Security shall make available an anonymous reporting tool to allow students, parents, and community members to supply information about potentially harmful, dangerous, or criminal activities to public safety agencies and school officials -- Required use of reporting tool or alternative by local school districts.

(1) The Kentucky Office of Homeland Security, after collaborating with the Center for School Safety, the Kentucky Department of Education, the Department of Criminal Justice Training, and the Department of Kentucky State Police, shall make available to each local school district an anonymous reporting tool that allows students, parents, and community members to anonymously supply information concerning unsafe, potentially harmful, dangerous, violent, or criminal activities, or the threat of these activities, to appropriate public safety agencies and school officials. The reporting tool shall be accessible at least by telephone call, electronic email, and a mobile device application.

(2) The reporting tool shall notify the reporting individual of the following:

(a) The reporting individual may supply the information anonymously; and

(b) If the individual chooses to disclose his or her identity, that information shall be shared with the appropriate law enforcement agency and school officials. Law enforcement and school officials shall be required to maintain the information as confidential.

(3) Information reported using the tool shall immediately be sent to the administration of each school district affected and the law enforcement agencies responsible for protection of those school districts, including but not limited to the local sheriff's office, the local city police department, and the Kentucky State Police.

(4) Law enforcement dispatch centers, school districts, schools, and other entities identified by the Kentucky Office of Homeland Security shall be made aware of the reporting tool.

(5) The Kentucky Office of Homeland Security, in collaboration with the Center for School Safety, the Kentucky Department of Education, the Department of Criminal Justice Training, and the Department of Kentucky State Police, shall develop and provide a comprehensive training and awareness program on the use of the anonymous reporting tool.

(6) The Kentucky Office of Homeland Security shall maintain and update the anonymous reporting tool and shall collaborate with the agencies listed in subsection (1) of this section prior to making substantial changes to the tool.

(7) Each local school district shall provide an anonymous reporting tool that allows students, parents, and community members to anonymously supply information concerning unsafe, potentially harmful, dangerous, violent, or criminal activities, or the threat of these activities, to appropriate public safety agencies and school officials.

(8) In order to meet the requirement of subsection (7) of this section, local school districts shall:

(a) Use the anonymous reporting tool described in subsections (1) to (4) of this section; or

(b) 1. Provide an alternative anonymous reporting tool other than the tool made available pursuant to subsection (1) of this section, as long as the chosen reporting tool satisfies all of the requirements established in subsections (1) to (4) of this section; and

2. Develop and provide a comprehensive training and awareness program on the use of the chosen anonymous reporting tool.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 165, sec. 8, effective July 15, 2024. -- Created 2019 Ky. Acts ch. 5, sec. 21, effective March 11, 2019.

158.446 Use of appropriated funds.

Of the funds appropriated to support the school safety fund program in the biennial budget, twenty percent (20%) of the funds in 1998-99, and ten percent (10%) in 1999- 2000, shall be used for the operation of the Center for School Safety and grants to be distributed by the Center to support exemplary programs in local school districts. The remainder of the appropriation shall be distributed to local school districts on a per pupil basis. The funds shall be used for the purpose of improving school safety and student discipline through alternative education programs and intervention services in compliance with KRS 158.148, 158.150, and 158.445. School districts shall be responsible for documenting the purposes for which these funds were expended.

Effective: April 10, 1998

History: Created 1998 Ky. Acts ch. 493, sec. 7, effective April 10, 1998. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, C, 3, (4) at 2075. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, C, 3, (5) at 2075.

158.4461 The General Assembly finds that private financial and philanthropic support of public school districts by all members of the community fosters student success, safety, and well-being -- The General Assembly encourages the organization of foundations under KRS Chapter 273 to support public school districts in any district for which no such foundation exists.

(1) The board of directors of any public school district foundation, or foundation formed exclusively to benefit a particular public school, organized as a nonstock, nonprofit corporation under KRS Chapter 273 and that is either in existence on March 11, 2019, or incorporated after March 11, 2019, may accept gifts or donations that are restricted by the grantor to be used in furtherance of lawful school safety, security, and student health purposes to the extent allowed by applicable federal tax laws. The board of directors shall use gifts or donations exclusively for the purpose for which they are granted.

(2) The General Assembly hereby finds and declares that private financial and philanthropic support of public school districts by all members of the community fosters greater student success, safety, and wellbeing. To advance these goals, the General Assembly hereby encourages the organization of foundations to support public school districts in any district for which no foundation exists on March 11, 2019, under KRS Chapter 273 relating to nonstock, nonprofit corporations.

(3) Pursuant to KRS 160.580, a local board of education may directly accept gifts or donations that are restricted by the grantor to be used in furtherance of lawful school safety, security, and student health purposes to the extent allowed by applicable laws and shall use any accepted gift or donation for the purpose for which it was granted.

Effective:March 11, 2019

History: Created 2019 Ky. Acts ch. 5, sec. 23, effective March 11, 2019.

158.447 Required review of CPTED principles prior to school construction or renovation.

The Kentucky Department of Education shall require a local board of education to review Crime Prevention Through Environment Design principles, or CPTED principles, when constructing a new school building or when renovating an existing school building.

Effective: June 25, 2013

History: Created 2013 Ky. Acts ch. 126, sec. 4, effective June 25, 2013; and ch. 133, sec. 4, effective June 25, 2013.

Legislative Research Commission Note (6/25/2013). This statute was created with identical text in 2013 Ky. Acts chs. 126 and 133, which were companion bills. These Acts have been codified together.

158.448 Protocols for student records within student information system.

The Kentucky Department of Education shall develop protocols for student records within the student information system which:

(1) Provide notice to schools receiving the records described in KRS 610.345 relating to a student transferring to a new school or district;

(2) Promote expeditious enrollment and placement of students in foster care who are transferring to a new school or district, in accordance with the federal Every Student Succeeds Act of 2015, Pub. L. No. 114-95;

(3) Promote the sharing of information regarding students in foster care among schools, districts, the Cabinet for Health and Family Services, and a child's caseworker, pursuant to applicable law; and

(4) Protect the privacy rights of students and parents guaranteed under the federal Family Educational Rights and Privacy Act.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 51, sec. 2, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 64, sec. 1, effective July 15, 2020. -- Created 2013 Ky. Acts ch. 126, sec. 5, effective June 25, 2013; and ch. 133, sec. 5, effective June 25, 2013.

Legislative Research Commission Note (6/25/2013). This statute was created with identical text in 2013 Ky. Acts chs. 126 and 133, which were companion bills. These Acts have been codified together.

158.449 Annual report of assessment of disruptive behavior school incidents resulting in a complaint.

Each local school shall annually provide to the Department of Education, through the Kentucky Department of Education's student information system, an assessment of school incidents relating to disruptive behaviors resulting in a complaint, including whether:

(1) The incident involved a public offense or noncriminal misconduct;

(2) The incident was reported to law enforcement or the court-designated worker and the charge or type of noncriminal misconduct that was the basis of the referral or report; and

(3) The report was initiated by a school resource officer.

Effective: July 15, 2014

History: Created 2014 Ky. Acts ch. 132, sec. 11, effective July 15, 2014.

158.450 Repealed, 1984.

[Repealed]

158.455 Repealed, 1984.

[Repealed]

158.460 Repealed, 1984.

[Repealed]

158.465 Repealed, 1984.

[Repealed]

158.470 Repealed, 1984.

[Repealed]

Local School District Police Department Local School District Police Department

158.471 Local board of education authorized to establish police department for local school districts.

Pursuant to the authority granted to them under KRS 160.160 and 160.290, local boards of education are authorized to establish a police department for local school districts, appoint police officers and other employees, prescribe distinctive uniforms for the police officers of the school district, and designate and operate emergency vehicles. Police officers appointed under this section shall take an appropriate oath of office in the form and manner consistent with the Constitution of Kentucky. Police officers appointed pursuant to this section shall be granted with the protections provided in KRS 15.520 and shall be certified in accordance with KRS 15.380(1)(e).

Effective: July 14, 2022

History: Created 2022 Ky. Acts ch. 189, sec. 2, effective July 14, 2022.

158.473 Police officers appointed by local board of education -- Powers.

(1) Police officers appointed by the local board of education pursuant to KRS 158.471 shall be peace officers and conservators of the peace. They shall have general police powers including the power to arrest, without process, all persons who within their view commit any crime or misdemeanor. They shall possess all of the common law and statutory powers, privileges, and immunities of sheriffs, except that they shall be empowered to serve civil process to the extent authorized by the local board of education authorizing and employing them. Without limiting the generality of the foregoing, such police officers are hereby specifically authorized and empowered, and it shall be their duty:

(a) To preserve the peace, maintain order, and prevent unlawful use of force or violence or other unlawful conduct on all property owned by or being used by the school district for appropriate educational services and extracurricular activities, and to protect all persons and property located thereon from injury, harm, and damage;

(b) If permitted by and in accordance with local board of education policy, to enforce, and to assist the school district in the enforcement of, the lawful rules, regulations, and code of conduct of the school district; and

(c) To assist and cooperate with other law enforcement agencies and officers. Provided, however, that such police officers shall exercise the powers herein granted upon any real property owned or occupied by the local board of education, including any streets passing through and adjacent thereto. Said powers may be exercised where the local board of education owns, uses, or occupies property. Additional jurisdiction may be established by agreement with the chief of police of the municipality or sheriff of the county or the appropriate law enforcement agency where the property is located, dependent upon the jurisdiction involved.

(2) Police officers may exercise their powers away from the locations described in subsection (1) of this section only when:

(a) In immediate pursuit of an actual or suspected violator of the law;

(b) Authorized to do so pursuant to the agreement authorized by subsection (1) of this section;

(c) Requested to act by the chief of police of the city or county in which the school district's property is located;

(d) Requested to act by the sheriff of the county in which the school district's property is located;

(e) Requested to act by the commissioner of the Department of Kentucky State Police;

(f) Requested to act by the authorized delegates of those persons or agencies listed in paragraph (c), (d), or (e) of this subsection;

(g) Requested to assist a state, county, or municipal police officer, sheriff, or other peace officer in the performance of his or her lawful duties; or

(h) Operating under an interlocal cooperation agreement pursuant to KRS Chapter 65.

(3) Police officers appointed pursuant to KRS 158.471 shall have, in addition to the other powers enumerated herein, the power to conduct investigations anywhere in this Commonwealth, provided the investigation relates to criminal offenses which occurred on property owned, leased, or controlled by the employing school district. At the discretion of the local school board’s police officials, the school board's police department may coordinate said investigations with any law enforcement agency of this Commonwealth or with agencies of the federal government.

(4) Police departments created and operated by the local board of education shall for all purposes, be deemed public police departments, and its sworn police officers are deemed public police officers.

(5) Nothing in KRS 158.471 to 158.483 shall be construed as a diminution or modification of the authority or responsibility of any city or county police department, the Department of Kentucky State Police, sheriff, constable, or other peace officer, either on the property of a local school district or otherwise.

Effective: July 14, 2022

History: Created 2022 Ky. Acts ch. 189, sec. 3, effective July 14, 2022.

158.475 Appointed police officers to comply with KRS 61.300 and other requirements set by the local board of education.

All persons appointed as police officers pursuant to KRS 158.471 shall, at the time of their employment:

(1) Comply with the requirements of KRS 61.300; and

(2) Possess whatever other requirements as may be set by the local board of education which employs them.

Effective: July 14, 2022

History: Created 2022 Ky. Acts ch. 189, sec. 4, effective July 14, 2022.

158.477 Appointment or promotion to ranks, grades, and positions – Compensation -- Employment contract permitted.

(1) The local board of education may provide for the appointment or promotion to the ranks and grades and positions of the department officers and civilians as are considered by the board to be necessary for the efficient administration of the department. The officers and civilians shall receive compensation as shall be fixed and paid by the board.

(2) (a) The local board of education may, as a condition of employment, require a newly appointed department officer to enter into an employment contract for a period of no longer than five (5) years from the date of appointment.

(b) If a department officer who entered into a contract authorized under this subsection accepts employment as a peace officer with another law enforcement agency, that law enforcement agency shall reimburse the local board of education that initially hired the department officer for the actual costs incurred and expended by the local board of education that are associated with the initial hiring of that department officer, including but not limited to the application process, training costs, equipment costs, salary, and fringe benefits. The local board of education that initially hired the department officer shall be reimbursed for the costs from the time of the department officer's initial application until appointment.

Effective: June 29, 2023

History: Amended 2023 Ky. Acts ch. 69, sec. 4, effective June 29, 2023. -- Created 2022 Ky. Acts ch. 189, sec. 5, effective July 14, 2022.

158.479 Emergency vehicles -- Radio systems -- Reporting.

(1) Vehicles used for emergency purposes by the police department of a school district shall be considered emergency vehicles, be equipped with blue lights and sirens, and be operated in conformance with the requirements of KRS Chapter 189.

(2) Police officers directly employed by the board of education of a local school district pursuant to KRS 158.471 shall have the rights accorded to peace officers provided under KRS 527.020.

(3) Police departments established by boards of education may install, maintain, and operate radio systems on police or other radio frequencies under licenses issued by the Federal Communications Commission, or its successor, KRS 432.570 to the contrary notwithstanding.

(4) Police departments of local school districts shall comply with the requirements of the Kentucky Revised Statutes and the Justice and Public Safety Cabinet with regard to reporting of criminal and other statistics.

Effective: July 14, 2022

History: Created 2022 Ky. Acts ch. 189, sec. 6, effective July 14, 2022.

158.481 Authority of local board to regulate traffic and parking -- Fees -- Violations.

(1) Each board of education of a local school district, having the power and authority to govern and control the method and purpose of use of property owned or occupied by its respective local school district, including travel over that property, is hereby confirmed in its authority to regulate the traffic and parking of motor vehicles, bicycles, or other vehicles as well as the traffic of pedestrians on, over, and across the streets, roads, paths, and grounds of real property owned, used, or occupied by the local school district. The regulations applicable to traffic and parking may include but are not limited to the following provisions:

(a) Provisions governing the registration, speed, operation, parking and times, places, and manner of use of motor vehicles, bicycles, and other vehicles;

(b) Provisions prescribing penalties for the violation of those regulations, which penalties may include the imposition of reasonable charges, the removing and impounding, at the expense of the violator, of vehicles which are operated or parked in violation of the regulations, and the denial of permission to operate vehicles on the property of the local school district; and

(c) Provisions establishing reasonable charges and fees for the registration of vehicles and for the use of parking spaces or facilities owned or occupied by the local school district. Provided, however, that nothing in this section shall be deemed to limit or restrict the powers of any other governmental authority having jurisdiction over public streets, roads, alleys, or ways.

(2) Motor vehicle moving violations of regulations issued under this section shall be deemed violations of the appropriate equivalent sections of the motor vehicle laws of the Commonwealth and may be prosecuted in the courts having territorial jurisdiction over the physical location of the offense.

Effective: July 14, 2022

History: Created 2022 Ky. Acts ch. 189, sec. 7, effective July 14, 2022.

158.483 Prohibition against false representation as police officer, agent, or employee of a police department of a local school district.

No person shall falsely represent himself or herself to be a police officer, agent, or employee of a police department of a local school district and in that assumed character arrest or detain, search, or question, in any manner the person or property of any person, nor shall any person without the authority of the board of education of the local school district wear the official uniform, insignia, badge, or identification of the department.

Effective: July 14, 2022

History: Created 2022 Ky. Acts ch. 189, sec. 8, effective July 14, 2022.

School Bus Stop Arm Camera Monitoring Systems School Bus Stop Arm Camera Monitoring Systems

158.485 Definitions for KRS 158.485 to 158.490.

As used in KRS 158.485 to 158.490:

(1) "Camera monitoring system" means a system with one (1) or more camera sensors or computers installed and operated on a school bus that:

(a) Produce recorded images; and

(b) Record the activation status of the stop arm and the time, date, and location of the school bus when the recorded images are captured;

(2) "Owner" has the same meaning as in KRS 186.010;

(3) "Recorded images" means two (2) or more photographic images or a segment of any video medium recorded by a camera monitoring system which show on at least one (1) image or portion of video the registration plate number of a motor vehicle being operated in violation of KRS 189.370;

(4) "School district" means a county school district as described in KRS 160.010 or an independent school district as described in KRS 160.020; and

(5) "Stop arm camera violation" means a violation of KRS 189.370 that is recorded by a camera monitoring system and enforced in accordance with KRS 158.485 to 158.490.

Effective: July 15, 2026

History: Created 2026 Ky. Acts ch. 62, sec. 1, effective July 15, 2026.

158.486 School bus stop arm camera monitoring systems -- Enforcement of violations -- Use of recorded images.

(1) A school district may install and maintain a camera monitoring system on any school bus operated by the school district for the enforcement of a civil penalty against the owner of a motor vehicle for a stop arm camera violation.

(2) A school district may contract with a private vendor or manufacturer to install, operate, and maintain camera monitoring systems on school buses operated by the school district.

(3) A stop arm camera violation may be enforced by a law enforcement agency, a certified peace officer, or a school resource officer as defined in KRS 158.441, upon review of the recorded images produced by a camera monitoring system.

(4) A school bus with a camera monitoring system installed and maintained in accordance with this section shall display a warning sign notifying the public of the camera monitoring system.

(5) Recorded images and other records related to a specific stop arm camera violation are private information and shall only be accessible to authorized personnel for the purpose of enforcing stop arm camera violations.

Effective: July 15, 2026

History: Created 2026 Ky. Acts ch. 62, sec. 2, effective July 15, 2026.

158.487 Civil penalties -- Disposition of revenues.

(1) The amount of a civil penalty for a stop arm camera violation shall be:

(a) Three hundred dollars ($300) for the first civil penalty; and

(b) Five hundred dollars ($500) for each subsequent civil penalty issued to an owner within a three (3) year period.

(2) All revenue generated from a civil penalty for a stop arm camera violation shall be collected and retained by the school district operating the camera monitoring system, unless the penalty is collected as a result of action taken in the Court of Justice, in which case court costs may be deducted from the amount paid to the school district.

(3) A law enforcement agency may charge and collect from the school district a fee of twenty-five dollars ($25) from every civil penalty collected by the school district under this section for a violation that was enforced by the law enforcement agency.

(4) A stop arm camera violation shall not result in points being assessed against the driving record of the owner or operator of the vehicle in violation.

Effective: July 15, 2026

History: Created 2026 Ky. Acts ch. 62, sec. 3, effective July 15, 2026.

158.488 Stop arm camera violation notice -- Contents -- Destruction of recorded images.

(1) Upon a determination to issue a stop arm camera violation notice, the following documents shall be sent, either by the law enforcement agency or the school district's agent, by first-class mail to the owner of a motor vehicle within thirty (30) days of a stop arm camera violation:

(a) The stop arm camera violation notice form as described in subsection (2) of this section;

(b) A copy of the recorded images for the stop arm camera violation; and

(c) A signed, sworn statement from a law enforcement officer that, based on inspection of the recorded images, the motor vehicle was being operated in violation of KRS 189.370. This statement may be signed electronically and is admissible in any proceeding challenging a stop arm camera violation.

(2) The stop arm camera violation notice form shall contain in substance the following information:

(a) The name and address of the registered owner of the vehicle;

(b) A statement that the notice represents a determination that a stop arm camera violation has been committed by the owner of the vehicle and that the determination shall be final unless contested in accordance with KRS 158.489;

(c) The date and time of the violation;

(d) The location of the violation;

(e) The amount of the civil penalty imposed and the date by which the civil penalty shall be paid;

(f) Instructions on how to pay the civil penalty to the school district or its designated agent;

(g) Information advising the owner as to the manner and time in which the civil penalty may be contested; and

(h) A warning that failure to pay the civil penalty imposed or to contest the matter in a timely manner is an admission of liability and shall result in the suspension of the motor vehicle's registration.

(3) A recorded image produced by a camera monitoring system shall be destroyed:

(a) No later than thirty-one (31) days from the date the recorded image is captured if the recorded image does not result in a stop arm camera violation notice form issued under this section; or

(b) Upon final disposition of the stop arm camera violation if the recorded image results in a stop arm camera violation notice form issued under this section.

Effective: July 15, 2026

History: Created 2026 Ky. Acts ch. 62, sec. 4, effective July 15, 2026.

158.489 Contest of violation -- Evidence -- Standard of proof -- Defenses.

(1) A recorded image produced by a camera monitoring system shall be sufficient evidence of a violation of KRS 189.370 and shall be admitted without further authentication for the purposes of enforcement. There shall be a rebuttable presumption that when any school bus is stopped with its stop arm activated it is for the purpose of receiving or discharging passengers, and that the school bus signal lights are activated and operational when a recorded image includes an electronic indicator signifying activation of signal lights.

(2) In a contest to a stop arm camera violation, liability shall be determined by a preponderance of the evidence and it shall be a defense that:

(a) The motor vehicle or the motor vehicle registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;

(b) The civil penalty is not enforceable because at the time and location of the violation the stop arm was not activated;

(c) The owner was not operating the vehicle at the time of the violation. An owner who raises this defense shall identify, under penalty of perjury, the person who was operating the vehicle at the time of the violation, including at a minimum the operator's name and address;

(d) The person operating the motor vehicle received a citation from a law enforcement officer for a violation of KRS 189.370 at the date and approximate time listed on the stop arm camera violation form;

(e) The violation was necessary to allow the passage of an emergency vehicle; or

(f) The violation occurred while the operator was participating in a funeral procession.

(3) A contest to a stop arm camera violation shall be heard by the District Court, and the school district and applicable law enforcement agency shall defend the stop arm camera violation.

(4) A school district may contract for legal services to fulfill the obligations in subsection (3) of this section.

Effective: July 15, 2026

History: Created 2026 Ky. Acts ch. 62, sec. 5, effective July 15, 2026.

158.490 Suspension of motor vehicle registration for nonpayment of civil penalty -- Required notice.

(1) If a stop arm camera violation civil penalty is not paid or contested in accordance with KRS 158.489 within sixty (60) days, the applicable law enforcement agency or officer may notify the Transportation Cabinet of the nonpayment.

(2) Upon notice of nonpayment, the cabinet shall:

(a) Send a notice of suspension by certified mail with restricted delivery and return receipt; and

(b) Suspend the registration of the motor vehicle until the civil penalty is paid.

(3) The applicable law enforcement agency or officer shall notify the cabinet of the need to release a suspension levied under this section within one (1) business day of collecting the funds to satisfy the civil penalty.

Effective: July 15, 2026

History: Created 2026 Ky. Acts ch. 62, sec. 6, effective July 15, 2026.

158.505 Repealed, 1984.

[Repealed]

158.510 Repealed, 1984.

[Repealed]

158.515 Repealed, 1984.

[Repealed]

158.520 Repealed, 1984.

[Repealed]

158.525 Repealed, 1984.

[Repealed]

158.530 Repealed, 1984.

[Repealed]

158.535 Repealed, 1984.

[Repealed]

158.540 Repealed, 1984.

[Repealed]

158.545 Repealed, 1984.

[Repealed]

158.550 Repealed, 1984.

[Repealed]

158.600 Repealed, 1990.

[Repealed]

158.605 Repealed, 1990.

[Repealed]

158.607 Repealed, 1990.

[Repealed]

158.610 Repealed, 1990.

[Repealed]

158.615 Repealed, 1988.

[Repealed]

158.617 Repealed, 1988.

[Repealed]

158.618 Repealed, 1990.

[Repealed]

158.620 Repealed, 1990.

[Repealed]

Advanced Placement and Dual Enrollment Advanced Placement and Dual Enrollment

158.622 Administrative regulations of Kentucky Board of Education relating to advanced placement courses -- Duties of Department of Education relating to advanced placement and dual enrollment programs -- Credit for Virtual High School and advanced placement courses.

(1) The Kentucky Board of Education shall promulgate administrative regulations establishing the criteria a school shall meet in order to designate a course an advanced placement course, including content and program standards concerning student admission criteria, data collection, and reporting.

(2) Upon receipt of adequate federal funding for these purposes, the Department of Education shall:

(a) Expand advanced placement teacher training institutes, including offering advanced placement teacher training instruction and assistance through the Kentucky Virtual High School or in conjunction with the Council on Postsecondary Education through the Kentucky Virtual University;

(b) Require teachers who are planning to participate in advanced placement teacher training and complete advanced placement training at advanced placement institutes facilitated by the department to sign an agreement to teach at least one (1) advanced placement course in a Kentucky public school or the Kentucky Virtual High School when assigned by the school principal;

(c) Develop the Kentucky Virtual Advanced Placement Academy which shall offer school districts and their students access to a core advanced placement curriculum through the Kentucky Virtual High School;

(d) Identify, in conjunction with the Council on Postsecondary Education, resources at the secondary and postsecondary levels that can be directed toward advanced placement or dual enrollment instruction;

(e) Compare the costs of offering advanced placement courses through traditional on-site instruction, the Kentucky Virtual High School, and other methods and shall offer each school district assistance, if requested, in analyzing how the school district can most cost-effectively offer the largest number of advanced placement courses;

(f) Identify current and future funding sources for advanced placement or dual enrollment instructional programs and the amount of funds available or anticipated from those sources; and

(g) Submit a report to the Kentucky General Assembly outlining compliance with this section.

(3) Each school district shall:

(a) Accept for credit toward graduation any course a student successfully completes through the Kentucky Virtual High School and incorporate the grade the student receives in a Kentucky Virtual High School course in calculating that student's grade point average without distinction between the grade received in the Kentucky Virtual High School course and courses taught within the school district for which the student receives a grade;

(b) Accept for credit toward graduation and completion of high school course requirements an advanced placement, a high school equivalent, or a Kentucky Virtual High School course taken by a student in grades 5, 6, 7, or 8 if that student attains performance levels expected of high school students in that district as determined by achieving a score of "3" or higher on a College Board Advanced Placement examination or a grade of "B" or better in a high school equivalent or a Kentucky Virtual High School course; and

(c) Pay tuition and other costs for students from their districts who are enrolled in a Kentucky Virtual High School course for credit that is part of the student's regular school day coursework by proportionately sharing funds generated under KRS 157.360 or other funding sources.

Effective: July 15, 2008

History: Amended 2008 Ky. Acts ch. 134, sec. 16, effective July 15, 2008. -- Created 2002 Ky. Acts ch. 97, sec. 2, effective July 15, 2002.

158.625 Deadline for training required under KRS 161.166.

By July 1, 2010, at least one (1) employee in each middle school and high school shall have successfully completed the on-line coaches training under KRS 161.166. The cost of acquiring the training shall be borne by the local school district.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 134, sec. 7, effective July 15, 2008.

158.640 Repealed, 1990.

[Repealed]

158.6401 Repealed, 1990.

[Repealed]

158.6402 Repealed, 1990.

[Repealed]

158.6403 Repealed, 1990.

[Repealed]

Educational Improvement Educational Improvement

158.645 Capacities required of students in public education system.

The General Assembly recognizes that public education involves shared responsibilities. State government, local communities, parents, students, and school employees must work together to create an efficient public school system to achieve excellence in education. Parents and students must assist schools with efforts to assure student attendance, preparation for school, and involvement in learning. The cooperation of all involved is necessary to assure that desired outcomes are achieved. It is the intent of the General Assembly to create a system of public education which shall allow and assist all students to acquire the following capacities:

(1) Literacy, including communication skills necessary to function in a complex and changing world;

(2) Knowledge to make wise economic, social, career, and political choices;

(3) Core values and qualities of good character to make moral and ethical decisions throughout life;

(4) Understanding of our constitutional republic, the three (3) branches of government, and how government impacts citizens, the community, the state, and the nation;

(5) Sufficient self-knowledge and knowledge of the student's own mental and physical wellness;

(6) Sufficient grounding in the arts to enable each student to appreciate the student's own cultural and historical heritage;

(7) Sufficient preparation to choose and pursue the student's life's work intelligently; and

(8) Skills to enable each student to compete competitively with students in other states.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 86, sec. 1, effective June 27, 2025. -- Amended 2000 Ky. Acts ch. 162, sec. 2, effective July 14, 2000. -- Created 1990 Ky. Acts ch. 476, Pt. I, sec. 2, effective July 13, 1990.

158.6450 Instruction in voter registration and election procedures.

(1) The General Assembly hereby finds that knowledge of procedures for voter registration and participation in elections is essential for all Kentucky students to acquire the capacities established in KRS 158.645(2) and (4). Instruction in election procedures is consistent with the goals of responsible citizenship established in KRS 158.6451.

(2) Every secondary school shall provide students in the twelfth grade information on:

(a) How to register to vote;

(b) How to vote in an election using a ballot; and

(c) How to vote using an absentee ballot.

(3) A school may provide this information through classroom activities, written materials, electronic communication, Internet resources, participation in mock elections, and other methods identified by the principal after consulting with teachers.

Effective: June 8, 2011

History: Created 2011 Ky. Acts ch. 50, sec. 1, effective June 8, 2011.

158.6451 Legislative declaration on goals for Commonwealth's schools -- Model curriculum framework.

(1) The General Assembly finds, declares, and establishes that:

(a) Schools shall expect a high level of academic achievement of all students;

(b) Schools shall develop their students' ability to:

1. Use communication and mathematics skills for purposes and situations they will encounter throughout their lives;

2. Apply core concepts and principles from mathematics, the sciences, the arts, the humanities, social studies, civics, and practical living studies to situations they will encounter throughout their lives;

3. Become self-sufficient individuals of good character exhibiting the qualities of altruism, citizenship, courtesy, hard work, honesty, human worth, justice, knowledge, patriotism, respect, responsibility, and self- discipline;

4. Become responsible members of a family, work group, or community, including demonstrating effectiveness in community service;

5. Think critically, creatively, and independently to solve problems in school situations and in a variety of situations they will encounter in life;

6. Connect and integrate experiences and new knowledge from all subject matter fields with what they have previously learned and build on past learning experiences to acquire new information through various media sources; and

7. Express their creative talents and interests in visual arts, music, dance, and dramatic arts;

(c) Schools shall increase their students' rate of school attendance;

(d) Schools shall increase their students' graduation rates and reduce their students' dropout and retention rates;

(e) Schools shall reduce physical and mental health barriers to learning; and

(f) Schools shall be measured on the proportion of students who make a successful transition to work, post-secondary education, and military service.

(2) The Kentucky Board of Education shall disseminate to local school districts and schools a model curriculum framework which is directly tied to the goals, outcomes, and assessment strategies developed pursuant to this section and KRS 158.645 and 158.6453. The framework shall provide direction to local districts and schools as they develop their curriculum. The framework shall identify teaching and assessment strategies, instructional material resources, ideas on how to incorporate the resources of the community, a directory of model teaching sites, alternative ways of using school time, and strategies to incorporate character education throughout the curriculum.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 86, sec. 2, effective June 27, 2025. -- Amended 2009 Ky. Acts ch. 101, sec. 1, effective March 25, 2009. -- Amended 2000 Ky. Acts ch. 162, sec. 3, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 256, sec. 2, effective July 1, 1994. -- Created 1990 Ky. Acts ch. 476, Pt. I, sec. 3, effective July 13, 1990.

158.6452 School Curriculum, Assessment, and Accountability Council.

(1) A School Curriculum, Assessment, and Accountability Council is hereby created to study, review, and make recommendations concerning Kentucky's system of setting academic standards, assessing learning, identifying academic competencies and deficiencies of individual students, holding schools accountable for learning, and assisting schools to improve their performance. The council shall advise the Kentucky Board of Education and the Legislative Research Commission on issues related to the development and communication of the academic expectations and core content for assessment, the development and implementation of the statewide assessment and accountability program, recognition of high performing schools, imposition of sanctions, and assistance for schools to improve their performance under KRS 158.6453, 158.6455, 158.782, and 158.805.

(2) The School Curriculum, Assessment, and Accountability Council shall be composed of seventeen (17) voting members appointed by the Governor and subject to Senate confirmation in accordance with KRS 11.160. On making appointments to the council, the Governor shall assure broad geographical representation and representation of elementary, middle, and secondary school levels; assure equal representation of the two (2) sexes, inasmuch as possible; and assure that appointments reflect the minority racial composition of the Commonwealth. The members shall serve terms of two (2) years with no member serving more than two (2) consecutive terms, except that seven (7) of the initial appointments shall be for four (4) year terms. The members shall be appointed as follows:

(a) Two (2) parents from recommendations submitted by organizations representing school councils and parents;

(b) Two (2) teachers from recommendations submitted by organizations representing teachers;

(c) Two (2) superintendents from recommendations submitted by organizations representing superintendents;

(d) Two (2) principals from organizations representing school administrators;

(e) Two (2) local school board members from recommendations submitted by organizations representing school boards;

(f) Two (2) school district assessment coordinators from recommendations submitted by organizations representing district assessment coordinators;

(g) Two (2) employers in the state from recommendations submitted by organizations representing business and industry;

(h) Two (2) university professors with expertise in assessment and measurement; and

(i) One (1) at-large member.

(3) The School Curriculum, Assessment, and Accountability Council shall elect a chair annually from its membership, who shall be subject to Senate confirmation in accordance with KRS 11.160. If the person selected as chair is not confirmed by the Senate, he or she shall still retain his or her position on the council, but shall vacate his or her position as chair, and the council shall select a new chair.

(4) The members shall be remunerated for actual and necessary expenses incurred while attending meetings of the council or while serving as representative of the council.

(5) The School Curriculum, Assessment, and Accountability Council shall meet at least four (4) times each year at times and places as it determines by resolution.

(6) The School Curriculum, Assessment, and Accountability Council shall be attached to the Department of Education for administrative purposes. It shall be provided appropriate staff and resources to conduct its work.

Effective: April 16, 2026

History: Amended 2026 Ky. Acts ch. 178, sec. 11, effective April 16, 2026. -- Amended 2009 Ky. Acts ch. 101, sec. 3, effective March 25, 2009. -- Created 1998 Ky. Acts ch. 598, sec. 5, effective April 14, 1998.

158.6453 Definitions for section -- Review of academic standards and assessments -

• Revisions to academic standards -- Review committees -- Advisory panels -- Standards and assessments process review committee -- Administrative regulations -- Information and training -- Statewide assessment program -- Academic components -- Student assessments -- College admissions examination -- School report card -- Individual student report -- Writing program -- School profile report -- Advanced coursework or accelerated learning district plan.

(1) As used in this section:

(a) "Accelerated learning" means an organized way of helping students meet individual academic goals by providing direct instruction to eliminate student performance deficiencies or enable students to move more quickly through course requirements and pursue higher level skill development;

(b) "Advanced coursework" means educational programs or opportunities designed to challenge students with more rigorous content beyond the standard curriculum, including but not limited to advanced placement, International Baccalaureate, and honors courses;

(c) "Constructed-response items" or "performance-based items" means individual test items that require the student to create an answer rather than select a response and may include fill-in-the-blank, short-answer, extended-answer, open-response, and writing-on-demand formats;

(d) "Criterion-referenced test" means a test that is aligned with defined academic content standards and measures an individual student's level of performance against the standards;

(e) "Formative assessment" means a process used by teachers and students during instruction to adjust ongoing teaching and learning to improve students' achievement of intended instructional outcomes. Formative assessments may include the use of commercial assessments, curriculum-embedded assessments, classroom observations, teacher-designed assessments, and other processes and assignments to gain information about individual student learning that reflects developmentally appropriate grade-level performance;

(f) "Interim assessments" means assessments that are given periodically throughout the year to provide diagnostic information and to show individual student performance against content standards;

(g) "Summative assessment" means an assessment given at the end of the school year, semester, or other period of time to evaluate students' performance against academic standards within a unit of instruction or a course; and

(h) "Writing" means a purposeful act of thinking and expression that uses language to explore ideas and communicate meaning to others. Writing is a complex, multifaceted act of communication and is distinct from basic handwriting or penmanship.

(2) (a) Every six (6) years, the Kentucky Department of Education shall implement a process for reviewing Kentucky's academic standards and the alignment of corresponding assessments for possible revision or replacement to ensure alignment with transition readiness standards necessary for global competitiveness, state career and technical education standards, and KRS 158.196.

(b) The revisions to the academic standards shall:

1. Focus on critical knowledge, skills, and capacities needed for success in the global economy;

2. Result in fewer but more in-depth standards to facilitate mastery learning;

3. Communicate expectations more clearly and concisely to teachers, parents, students, and citizens;

4. Be based on evidence-based research;

5. Consider international benchmarks; and

6. Ensure that the standards are aligned from elementary to high school to postsecondary education so that students can be successful at each education level.

(c) 1. The department shall establish four (4) standards and assessments review committees, with each committee composed of a minimum of six

(6) Kentucky public school teachers and a minimum of two (2) representatives from Kentucky institutions of higher education, including at least one (1) representative from a public institution of higher education. Each committee member shall teach in the subject area that his or her committee is assigned to review and have no prior or current affiliation with a curriculum or assessment resources vendor.

2. One (1) of the four (4) committees shall be assigned to focus on the review of reading and writing academic standards and corresponding assessments in reading, one (1) on the review of mathematics academic standards and assessments, one (1) on the review of science academic standards and assessments, and one (1) on the review of social studies academic standards and assessments.

(d) 1. The department shall establish twelve (12) advisory panels to advise and assist each of the four (4) standards and assessments review committees.

2. Three (3) advisory panels shall be assigned to each standards and assessments review committee. One (1) panel shall review the standards and assessments for kindergarten through grade five (5), one (1) shall review the standards and assessments for grades six (6) through eight (8), and one (1) shall review the standards and assessments for grades nine (9) through twelve (12).

3. Each advisory panel shall be composed of at least one (1) representative from a Kentucky institution of higher education and a minimum of six

(6) Kentucky public school teachers who teach in the grade level and subject reviewed by the advisory panel to which they are assigned and have no prior or current affiliation with a curriculum or assessment resources vendor.

(e) The commissioner of education and the president of the Council on Postsecondary Education shall also provide consultants for the standards and assessments review committees and the advisory panels who are business and industry professionals actively engaged in career fields that depend on the various content areas.

(f) 1. The standards and assessments process review committee is hereby established and shall be composed of the commissioner of education or designee as a nonvoting member and nine (9) voting representatives of public schools, of whom at least two (2) shall be parents of public school students, appointed by the Governor and confirmed by the Senate in accordance with KRS 11.160 as follows:

a. One (1) language arts teacher;

b. One (1) math teacher;

c. One (1) science teacher;

d. One (1) social studies teacher;

e. Two (2) school principals;

f. Two (2) school superintendents; and

g. One (1) school board member.

2. On making appointments to the committee, the Governor shall ensure broad geographical urban and rural representation and representation of elementary, middle, and high school levels; ensure equal representation of the two (2) sexes, inasmuch as possible; and ensure that appointments reflect the minority racial composition of the Commonwealth.

3. The review of the committee shall be limited to the procedural aspects of the review process undertaken prior to its consideration.

4. Notwithstanding KRS 12.028, the committee shall not be subject to reorganization by the Governor.

(g) 1. The review process implemented under this subsection shall be an open, transparent process that allows all Kentuckians an opportunity to participate. The department shall ensure the public's assistance in reviewing and suggesting changes to the standards and alignment adjustments to corresponding state assessments by establishing a website dedicated to collecting comments by the public and educators. An independent third party, which has no prior or current affiliation with a curriculum or assessment resources vendor, shall be selected by the department to collect and transmit the comments to the department for dissemination to the appropriate advisory panel for review and consideration.

2. Each advisory panel shall review the standards and assessments for its assigned subject matter and grade level and the suggestions made by the public and educators. After completing its review, each advisory panel shall make recommendations for changes to the standards and alignment adjustments for assessments to the appropriate standards and assessments review committee.

3. Each standards and assessments review committee shall review the findings and make recommendations to revise or replace existing standards and to adjust alignment of assessments.

4. The recommendations shall be published on the website established in this subsection for the purpose of gathering additional feedback from the public. The commissioner shall subsequently present the recommendations and the public feedback to the Interim Joint Committee on Education.

5. The commissioner shall subsequently provide a report to the standards and assessments process review committee summarizing the process conducted under this subsection and the resulting recommendations. The report shall include but not be limited to the timeline of the review process, public feedback, and responses from the Interim Joint Committee on Education.

6. After receiving the commissioner's report, the standards and assessments process review committee shall either concur that stakeholders have had adequate opportunity to provide input on standards and the corresponding alignment of state assessments or find the input process deficient. If the process is found deficient, the recommendations may be returned to the appropriate standards and assessments review committee for review as described in subparagraph 3. of this paragraph. If the process is found sufficient, the recommendations shall be forwarded without amendment to the Kentucky Board of Education.

(h) The Kentucky Board of Education shall promulgate administrative regulations in accordance with KRS Chapter 13A as may be needed for the administration of the review process, including staggering the timing and sequence of the review process by subject area and remuneration of the review committees and advisory panels described in paragraphs (c) and (d) of this subsection.

(i) 1. The Kentucky Board of Education shall consider for approval the revisions to academic standards for a content area and the alignment of the corresponding state assessment once recommendations are received from the standards and assessments process review committee. Existing state academic standards shall remain in place until the board approves new standards.

2. Any revision to, or replacement of, the academic standards and assessments as a result of the review process conducted under this subsection shall be implemented in Kentucky public schools no later than the second academic year following the review process. Existing academic standards shall be used until new standards are implemented.

3. The Department of Education shall disseminate the academic standards to the schools and teacher preparation programs.

(j) The Department of Education shall provide or facilitate statewide training sessions for existing teachers and administrators on how to:

1. Integrate the revised academic standards into classroom instruction;

2. Better integrate performance assessment of students within their instructional practices; and

3. Help all students use higher-order thinking and communication skills.

(k) The Education Professional Standards Board in cooperation with the Kentucky Board of Education and the Council on Postsecondary Education shall coordinate information and training sessions for faculty and staff in all of the teacher preparation programs in the use of the revised academic standards. The Education Professional Standards Board shall ensure that each teacher preparation program includes use of the academic standards in the pre-service education programs and that all teacher interns will have experience planning classroom instruction based on the revised standards.

(l) The Council on Postsecondary Education in cooperation with the Kentucky Department of Education and the postsecondary education institutions in the state shall coordinate information sessions regarding the academic standards for faculty who teach in the various content areas.

(m) The Education Professional Standards Board shall, as a condition of program approval, require teacher preparation programs to align curriculum with the expectations set forth in the state's academic standards.

(3) (a) The Kentucky Board of Education shall be responsible for creating and implementing a balanced statewide assessment program that measures the students', schools', and districts' achievement of the goals set forth in KRS 158.645 and 158.6451, to ensure compliance with the federal Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, and to ensure school accountability.

(b) The board shall revise the annual statewide assessment program as needed in accordance with revised academic standards and corresponding assessment alignment adjustments approved by the board under subsection (2) of this section.

(c) The statewide assessments shall not include any academic standards not approved by the board under subsection (2) of this section.

(d) The board shall seek the advice of the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; the Education Assessment and Accountability Review Subcommittee, and the department's technical advisory committee in the development of the assessment program. The statewide assessment program shall not include measurement of a student's ability to become a self-sufficient individual or to become a responsible member of a family, work group, or community.

(4) (a) The academic components of the statewide assessment program shall be composed of annual student summative tests, which may include a combination of multiple competency-based assessment and performance measures approved by the Kentucky Board of Education.

(b) The annual student summative tests shall:

1. Measure individual student achievement in reading, mathematics, science, and social studies at designated grades;

2. Provide teachers and parents a valid and reliable comprehensive analysis of skills mastered by individual students;

3. Provide diagnostic information that identifies strengths and academic deficiencies of individual students in the content areas;

4. Provide information to teachers that can enable them to improve instruction for current and future students;

5. Provide longitudinal profiles for students; and

6. Ensure school and district accountability for student achievement of the goals set forth in KRS 158.645 and 158.6451, except the statewide assessment program shall not include measurement of a student's ability to become a self-sufficient individual or to become a responsible member of a family, work group, or community.

(5) The state student assessments shall include the following components:

(a) Elementary and middle grades requirements are:

1. A criterion-referenced test each in mathematics and reading in grades three (3) through eight (8) that is valid and reliable for an individual student and that measures the depth and breadth of the academic standards; and

2. A criterion-referenced test each in science and social studies that is valid and reliable for an individual student as necessary to measure the depth and breadth of the academic standards to be administered one (1) time within the elementary and middle grades, respectively;

(b) High school requirements are:

1. A criterion-referenced test in mathematics, reading, and science that is valid and reliable for an individual student and that measures the depth and breadth of Kentucky's academic content standards to be administered one (1) time within the high school grades;

2. A criterion-referenced test in social studies that is valid and reliable for an individual student as necessary to measure the depth and breadth of the academic standards to be administered one (1) time within the high school grades; and

3. A college admissions examination to assess English, reading, mathematics, and science in the spring of grade eleven (11);

(c) The Kentucky Board of Education shall add any other component necessary to comply with the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, as determined by the United States Department of Education;

(d) The criterion-referenced components required in this subsection shall be composed of constructed response items and multiple choice items; and

(e) The results of the assessment program developed under this subsection shall be used by schools and districts to determine appropriate instructional modifications for all students in order for students to make continuous progress, including that needed by advanced learners.

(6) Each school district shall administer the statewide student assessment during the last fourteen (14) days of school in the district's instructional calendar. The Kentucky Board of Education may change the testing window to allow for innovative assessment systems or other online test administration and shall promulgate administrative regulations that minimize the number of days of testing and outline the procedures to be used during the testing process to ensure test security, including procedures for testing makeup days, and to comply with federal assessment requirements.

(7) A student enrolled in a district-operated or district-contracted alternative program shall participate in the appropriate assessments required by this section.

(8) A local school district may select and use commercial interim or formative assessments or develop and use its own formative assessments to provide data on how well its students are growing toward mastery of Kentucky academic standards, so long as the district's local school board develops a policy minimizing the reduction in instructional time related to the administration of the interim assessments. Nothing in this section precludes teachers from using ongoing teacher- developed formative processes.

(9) Each school that enrolls primary students shall use diagnostic assessments and prompts that measure readiness in reading and mathematics for its primary students as determined by the school to be developmentally appropriate. The schools may use commercial products, use products and procedures developed by the district, or develop their own diagnostic procedures. The results shall be used to inform the teachers and parents or guardians of each student's skill level.

(10) The state board shall ensure that a technically sound longitudinal comparison of the assessment results for the same students shall be made available.

(11) The following provisions shall apply to the college admissions examination described in subsection (5)(b)3. of this section:

(a) The cost of the college admissions examination administered to students in high school shall be paid for by the Kentucky Department of Education. The costs of additional college admissions examinations shall be the responsibility of the student;

(b) If funds are available, the Kentucky Department of Education shall provide a college admissions examination preparation program to all public high school juniors. The department may contract for necessary services; and

(c) Accommodations provided to a student with a disability taking the college admissions assessment under this subsection shall consist of:

1. Accommodations provided in a manner allowed by the college admissions assessment provider when results in test scores are reportable to a postsecondary institution for admissions and placement purposes, except as provided in subparagraph 2. of this paragraph; or

2. Accommodations provided in a manner allowed by a student's individualized education program as defined in KRS 158.281 for a student whose disability precludes valid assessment of his or her academic abilities using the accommodations provided under subparagraph 1. of this paragraph when the student's scores are not reportable to a postsecondary institution for admissions and placement purposes.

(12) Kentucky teachers shall have a significant role in providing feedback about the design of the assessments, except for the college admissions exam described in subsection (5)(b)3. of this section. The assessments shall be designed to:

(a) Measure developmentally appropriate grade-level performance aligned to the academic standards;

(b) Provide valid and reliable scores for schools. If scores are reported for students individually, they shall be valid and reliable; and

(c) Minimize the time spent by teachers and students on assessment.

(13) The results from assessment under subsections (3) and (5) of this section shall be reported to the school districts and schools no later than seventy-five (75) days following the last day the assessment can be administered. Assessment reports provided to the school districts and schools shall include an electronic copy of an operational subset of test items from each assessment administered to their students and the results for each of those test items by student and by school.

(14) The Department of Education shall gather information to establish the validity of the assessment and accountability program. It shall develop a biennial plan for validation studies that shall include but not be limited to the consistency of student results across multiple measures, the congruence of school scores with documented improvements in instructional practice and the school learning environment, and the potential for all scores to yield fair, consistent, and accurate student performance level and school accountability decisions. Validation activities shall take place in a timely manner and shall include a review of the accuracy of scores assigned to students and schools, as well as of the testing materials. The plan shall be submitted to the Commission by July 1 of the first year of each biennium. A summary of the findings shall be submitted to the Legislative Research Commission by September 1 of the second year of the biennium.

(15) The Department of Education and the state board shall offer optional assistance to local school districts and schools in developing and using continuous assessment strategies needed to ensure student progress. The continuous assessment shall provide diagnostic information to improve instruction to meet the needs of individual students.

(16) The Administration Code for Kentucky's Assessment Program shall include prohibitions of inappropriate test preparation activities by school district employees charged with test administration and oversight, including but not limited to the issue of teachers being required to do test practice in lieu of regular classroom instruction and test practice outside the normal work day. The code shall include disciplinary sanctions that may be taken toward a school or individuals.

(17) The Kentucky Board of Education, after the Department of Education has received advice from the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the department's technical advisory committee, shall promulgate an administrative regulation under KRS Chapter 13A to establish the components of a reporting structure for assessments administered under this section. The reporting structure shall include the following components:

(a) A school report card that clearly communicates with parents and the public about school performance. The school report card shall be sent to the parents of the students of the districts, and information on electronic access to a summary of the results for the district shall be published in the newspaper with the largest circulation in the county. It shall include but not be limited to the following components reported by race, gender, and disability when appropriate:

1. Student academic achievement, including the results from each of the assessments administered under this section;

2. For Advanced Placement, Cambridge Advanced International, and International Baccalaureate, the courses offered, the number of students enrolled, completing, and taking the examination for each course, and the percentage of examinees receiving a score of three (3) or better on AP examinations, a score of "e" or better on Cambridge Advanced International examinations, or a score of four (4) or better on IB examinations. The data shall be disaggregated by gender, race, students with disabilities, and economic status;

3. Nonacademic achievement, including the school's attendance, retention, graduation rates, and student transition to postsecondary;

4. School learning environment, including measures of parental involvement;

5. Until June 30, 2030, targeted quality measures, which shall include a measure of the change from the prior school year on the following factors:

a. The percentage of certified teachers within the school and district who have attained:

i. Rank II status or higher as determined by the Education Professional Standards Board; or

ii. Certification from the National Board for Professional Teaching Standards;

b. For schools and districts containing students in grade eight (8), the percentage of students earning at least one (1) high school credit upon the completion of the student's grade eight (8) school year; and

c. For schools and districts containing students in grade twelve (12), the percentage of graduating students who have:

i. Completed the Free Application for Federal Student Aid by the student's graduation date; or

ii. A parent or legal guardian that has submitted an appropriate form to the school or district to opt out of completion of the Free Application for Federal Student Aid after completing a district-approved presentation regarding the Free Application for Federal Student Aid; and

6. Any other school performance data required by the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor;

(b) An individual student report to parents for each student in grades three (3) through eight (8) summarizing the student's skills in reading, science, social studies, and mathematics. The school's staff shall develop a plan for accelerated learning for any student with identified deficiencies or strengths; and

(c) A student's score on the college admissions assessment administered under subsection (5)(b)3. of this section.

(18) (a) Every six (6) years, the Kentucky Department of Education shall implement a comprehensive process for reviewing and revising the academic standards in visual and performing arts and practical living skills and career studies for all levels and in world language for middle and high schools. The department shall develop review committees for the standards for each of the content areas that include representation from certified specialist public school teachers and postsecondary teachers in those subject areas.

(b) The academic standards in practical living skills for elementary, middle, and high school levels shall include a focus on drug abuse prevention, with an emphasis on the prescription drug epidemic and the connection between prescription opioid abuse and addiction to other drugs, such as heroin and synthetic drugs.

(c) The department shall provide to all schools guidelines for programs that incorporate the adopted academic standards in visual and performing arts and practical living and career studies. The department shall provide to middle and high schools guidelines for including a foreign language program. The guidelines shall address program length and time, courses offered, staffing, resources, and facilities.

(d) The Kentucky Department of Education, in consultation with certified public school teachers of visual and performing arts, may develop program standards for the visual and performing arts.

(19) (a) The Kentucky Department of Education shall develop and distribute to all school districts guidelines for including an effective writing program across the content areas aligned to the academic standards. The department shall provide professional learning opportunities to support authentic and disciplinary-specific writing across the curriculum for superintendents, school-based decision making councils, principals, teachers, and teacher preparation programs.

(b) Each superintendent of a local school district shall adopt policies that determine the writing program for the local school district and ensure the writing program policy is published on the district's website. The writing program shall include disciplinary-specific writing across the curriculum and incorporate a variety of language resources, technological tools, and multiple opportunities for students to develop complex communication skills for a variety of purposes.

(20) (a) The Kentucky Department of Education, in consultation with the review committees described in subsection (18) of this section, shall develop a school profile report to be used by all schools to document how they will address the adopted academic standards in their implementation of the programs as described in subsection (18) of this section, which may include student opportunities and experiences in extracurricular activities. The department shall include the essential workplace ethics program on the school profile report.

(b) By October 1 of each year, each school principal shall complete the school profile report, which shall be signed by the members of the school council, or the principal if no school council exists, and the superintendent. The report shall be electronically transmitted to the Kentucky Department of Education, and the original shall be maintained on file at the local board office and made available to the public upon request. The department shall include a link to each school's profile report on its website.

(c) If a school staff member, student, or a student's parent has concerns regarding deficiencies in a school's implementation of the programs described in subsection (18) of this section, he or she may submit a written inquiry to the school council.

(21) (a) No later than December 1, 2025, each local board of education shall adopt a district plan establishing clear policies on the promotion of advanced coursework or accelerated learning in language arts, mathematics, social studies, and science by grade level for students in grades four (4) to twelve (12).

(b) The district plan required by paragraph (a) of this subsection shall:

1. Be published on a publicly accessible location on the district website;

2. Describe the strategies and approach to advanced coursework or accelerated learning options by grade level for language arts, mathematics, social studies, and science; and

3. Require that the service delivery options for students identified as gifted and talented in language arts, mathematics, social studies, and science include the following for each grade level and subject area:

a. i. Accelerated learning; or

ii. Advanced coursework; and

b. At least one (1) of the following service delivery options:

i. Collaborative teaching and consultation services;

ii. Special counseling services;

iii. Differentiated study experiences for individuals and cluster groups in the regular classroom;

iv. Distance learning;

v. Enrichment services that are not extracurricular during the school day;

vi. Independent study;

vii. Mentorships;

viii. Resource services delivered in a pull-out classroom or other appropriate instructional setting;

ix. Seminars;

x. Travel study options; or

xi. Special schools or self-contained classrooms for students in grades four (4) through twelve (12) only.

(c) The district plan required by paragraph (a) of this subsection may:

1. Automatically enroll a student who scores distinguished in any subject area on the most recent statewide assessment for which scores are available in available advanced coursework for that subject area and any corresponding subject area designated by the local board of education;

2. Include eligibility criteria for qualification for available advanced coursework for all other students;

3. Require written consent from a parent or guardian of a student to withdraw or exclude a student that is eligible for advanced coursework according to the district plan from that advanced coursework. If a student requests to withdraw from advanced coursework to pursue another educational opportunity, a principal may withdraw the student without written consent from a parent or guardian only after a good-faith attempt to contact the parent or guardian is unsuccessful; and

4. Permit a principal to withdraw a student from advanced coursework without written consent from his or her parent or guardian if the student's participation in advanced coursework would have an adverse educational impact on a student, including interference with his or her career pathway, access to career and technical education coursework, or another educational opportunity.

(22) The Kentucky Board of Education may promulgate administrative regulations in accordance with KRS Chapter 13A to administer the provisions of subsection (21) of this section.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 138, sec. 2, effective July 15, 2026. -- Amended 2025 Ky. Acts ch. 113, sec. 28, effective July 1, 2026; and ch. 148, sec. 1, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 203, sec. 2, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 137, sec. 1, effective July 14, 2022; and ch. 196, sec. 2, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 79, sec. 3, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 112, sec. 6, effective July 15, 2020. -- Amended 2019 Ky. Acts ch. 199, sec. 1, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 158, sec. 2, effective April 13, 2018. -- Amended 2017 Ky. Acts ch. 156, sec. 3, effective April 10, 2017. -- Amended 2016 Ky. Acts ch. 136, sec. 6, effective July 15, 2016. -- Amended 2009 Ky. Acts ch. 101, sec. 2, effective March 25, 2009. -- Amended 2008 Ky. Acts ch. 134, sec. 17, effective July 15, 2008. -- Amended 2006 Ky. Acts ch. 227, sec. 1, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 213, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 598, sec. 11, effective April 14, 1998. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 256, sec. 3, effective July 15, 1994; and ch. 408, sec. 2, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 476, Pt. I, sec. 4, effective July 13, 1990.

Legislative Research Commission Note (4/10/2017). 2017 Ky. Acts ch. 156, sec. 18 provided that, in adopting amendments made to this statute in Section 3 of that Act, the General Assembly intends, among other actions, to repeal the common core standards.

Legislative Research Commission Note (3/25/2009). In subsection (11) of this statute, a reference to subsection "(10)(a) of this section" has been changed to read "subsection (5)(a) and (b) of this section." When this section was renumbered, the reference to "subsection (10)(a)" was not changed to conform. The Reviser of Statutes has made a conforming change under the authority of KRS 7.136. Legislative Research Commission note (3/25/2009). In 2009 Ky. Acts ch. 101, sec. 16, a not-to-be-codified section, two references to "Section 2.(11)(c) of this Act" should have referred to "Section 2.(7)(c) of this Act." When Section 2 of the Act (KRS 158.6453) was renumbered, these references to subsection (7) in Section 16 of the Act were not changed.

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

158.6454 Repealed, 2021.

[Repealed]

158.6455 State school accountability system -- List of certifications, licensures, and credentials -- Dashboard -- Reimbursement for assessment -- Administrative regulations -- Consequences for schools that fail to exit support status -- Components of accountability system -- Appeals of performance judgments -- Report.

It is the intent of the General Assembly that schools succeed with all students and receive the appropriate consequences in proportion to that success.

(1) (a) The Kentucky Board of Education shall create an accountability system to classify districts and schools in accordance with the academic standards and student assessment program developed pursuant to KRS 158.6453.

(b) The state accountability system shall include an annual meaningful differentiation of all public schools in the state using multiple measures that describe the overall performance of each district, school, and student subgroup. Beginning with data from the 2026-2027 school year, performance shall be based on a combination of academic and school quality indicators and measures, hereinafter called "state indicators." The state indicators shall exclusively include:

1. Student assessment results;

2. Measures of individual student growth in reading and mathematics;

3. Progress toward achieving English proficiency by limited English proficiency students;

4. Student engagement as measured by chronic absenteeism, which shall be defined as a student missing ten percent (10%) or more of yearly school time for excused or unexcused reasons throughout the school year;

5. High school graduation rates;

6. Beginning July 1, 2030, targeted quality measures, which shall include a measure of the change from the prior school year on the following factors:

a. The percentage of certified teachers within the school and district who have attained:

i. Rank II status or higher as determined by the Education Professional Standards Board; or

ii. Certification from the National Board for Professional Teaching Standards;

b. For schools and districts containing students in grade eight (8), the percentage of students earning at least one (1) high school credit upon the completion of the student's grade eight (8) school year; and

c. For schools and districts containing students in grade twelve (12), the percentage of graduating students who have:

i. Completed the Free Application for Federal Student Aid by the student's graduation date; or

ii. A parent or legal guardian that has submitted an appropriate form to the school or district to opt out of completion of the Free Application for Federal Student Aid after completing a district-approved presentation regarding the Free Application for Federal Student Aid. The targeted quality measures shall have a cumulative weight in accountability of no less than five percent (5%);

7. Postsecondary readiness for each high school student, which shall be included as an academic indicator, and shall be measured by one (1) of the following:

a. Meeting or exceeding a college readiness benchmark score on the college admissions examination used as the statewide assessment in KRS 158.6453(5)(b)3. or a college placement examination approved by the Council on Postsecondary Education. The college readiness benchmark score shall be established by the Council on Postsecondary Education;

b. Achieving a minimum of three (3) hours of dual credit by completing a course approved by the Kentucky Board of Education or qualifying for a minimum of three (3) hours of postsecondary articulated credit associated with a statewide articulation agreement;

c. Achieving a benchmark score on an Advanced Placement, International Baccalaureate, Cambridge Advanced International, or other nationally recognized exam approved by the Kentucky Board of Education that generally qualifies the student for three

(3) or more hours of college credit;

d. Completing a required number of hours or achieving a benchmark within an apprenticeship, cooperative, or internship that is:

i. Not required to be offered as a high school course or during the regular school day, week, or year;

ii. Aligned with a credential or associate degree; and

iii. Approved by the Kentucky Board of Education after receiving input from the Local Superintendents Advisory Council; or

e. Achieving any industry-recognized certifications, licensures, or credentials, with more weight in accountability for industry- recognized certifications, licensures, or credentials identified as high demand in accordance with the process described in paragraph (e) of this subsection. Eligible industry-recognized certifications, licensures, or credentials shall not be limited to those earned in conjunction with a minimum sequence of courses. Each high school shall publicly report the credits, hours, and credentials on an annual basis; and

8. Any other factor mandated by the federal Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor.

(c) 1. The Kentucky Department of Education shall develop an online display of the state accountability system results hereinafter called a "dashboard." A color-coded performance level for each state indicator and overall performance shall be displayed in a straightforward manner on the dashboard by district, school, and individual subgroups. Overall performance shall aggregate all available data for the state indicators.

2. The percentile cut scores for the color-coded performance level for each state indicator and overall performance shall be based on distribution and shall be approved by the Kentucky Department of Education and the Local Superintendents Advisory Council. The cut scores shall remain in place for at least six (6) years unless existing cut scores no longer support a meaningful differentiation of schools as required by the federal Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor.

(d) Based on data from the Kentucky Center for Education and Workforce Statistics, each local workforce investment board, in conjunction with local economic development organizations from its state regional sector, shall annually compile a list of industry-recognized certifications, licensures, and credentials specific to the state and regional workforce area, rank them by demand for the state and regional area, and provide the list to the Kentucky Workforce Innovation Board. The Kentucky Workforce Innovation Board, in conjunction with the Kentucky Department of Education, may revise the lists before the Kentucky Department of Education disseminates the lists to all school districts to be used as postsecondary readiness indicators.

(e) 1. The Kentucky Department of Education shall pay for the cost of an assessment taken by a high school student for attaining an industry- recognized certification, credential, or licensure if the student consecutively completes at least two (2) related career pathway courses approved by the department prior to taking the assessment.

2. If a high school student has not completed the two (2) course requirement described in subparagraph 1. of this paragraph but meets performance-based experience eligibility and passes an assessment, the department shall provide a weighted reimbursement amount to the school district for the cost of the assessment based on the level of demand of the certificate, credential, or license earned. The Kentucky Board of Education shall promulgate regulations establishing the performance-based experience eligibility requirements and weighted reimbursement amounts.

(f) Prior to promulgating administrative regulations to revise the accountability system, the board shall seek advice from the School Curriculum, Assessment, and Accountability Council; the Office of Education Accountability; the Education Assessment and Accountability Review Subcommittee; and the department's technical advisory committee.

(2) A student's test scores shall be counted in the accountability measure of:

(a) 1. The school in which the student is currently enrolled if the student has been enrolled in that school for at least a full academic year as defined by the Kentucky Board of Education; or

2. The school in which the student was previously enrolled if the student was enrolled in that school for at least a full academic year as defined by the Kentucky Board of Education; and

(b) The school district if the student is enrolled in the district for at least a full academic year as defined by the Kentucky Board of Education; and

(c) The state if the student is enrolled in a Kentucky public school prior to the beginning of the statewide testing period.

(3) After receiving the advice of the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the department's technical advisory committee, the Kentucky Board of Education shall promulgate an administrative regulation in conformity with KRS 158.6471 and 158.6472 and KRS Chapter 13A to establish more rigorous action, intervention, and appropriate consequences for schools that fail to exit comprehensive support and improvement status described in KRS 160.346. The consequences shall be designed to improve the academic performance and learning environment of identified schools and may include but not be limited to:

(a) A review and audit process to determine the appropriateness of a school's or district's classification and to recommend needed assistance;

(b) School and district improvement plans;

(c) Eligibility to receive Commonwealth school improvement funds under KRS 158.805;

(d) Education assistance from highly skilled certified staff; and

(e) Observation of school personnel.

(4) All students who drop out of school during a school year shall be included in a school's annual average school graduation rate calculation.

(5) After receiving the advice of the Education Assessment and Accountability Review Subcommittee, the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the department's technical advisory committee, the Kentucky Board of Education may promulgate by administrative regulation, in conformity with KRS 158.6471 and 158.6472 and KRS Chapter 13A, a system of district accountability that includes establishing a formula for accountability, goals for improvement over a three (3) year period, rewards for leadership in improving teaching and learning in the district, and consequences that address the problems and provide assistance when one (1) or more schools in the district fail to exit comprehensive support and improvement status after three (3) consecutive years of implementing the turnaround intervention process described in KRS 160.346.

(6) After receiving the advice of the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the department's technical advisory committee, the Kentucky Board of Education shall promulgate administrative regulations in conformity with KRS 158.6471 and 158.6472 and KRS Chapter 13A to establish a process whereby a school or school district shall be allowed to appeal any performance judgment made by the department under this section or KRS 160.346 of a principal, superintendent, school, or school district which it considers grossly unfair. Upon appeal, an administrative hearing shall be conducted in accordance with KRS Chapter 13B. The state board may adjust a performance judgment on appeal when evidence of unusual circumstances warrants the conclusion that the performance judgment is based on fraud or a mistake in computations, is arbitrary, is lacking any reasonable basis, or when there are significant new circumstances occurring during the three (3) year assessment period which are beyond the control of the appellant school or school district.

(7) Advice and recommendations provided by the department's technical advisory committee shall be summarized and reported by the department by July 1 and December 1 of each year to the Office of Education Accountability. The report shall include:

(a) Advice and recommendations provided by panel members relating to:

1. Development and modification to the assessment and accountability system;

2. The development of administrative regulations governing the assessment and accountability system;

3. The setting of standards used in the assessment and accountability system; and

4. KRS 158.6453, 158.6455, 158.782, or 158.860; and

(b) Any documentation used by the panel in support of the panel's advice and recommendations. Upon receipt of the report, the Office of Education Accountability shall forward the report to the Education Assessment and Accountability Review Subcommittee and the co-chairs of the Interim Joint Committee on Education.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 138, sec. 3, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 56, sec. 1, effective March 22, 2023. -- Amended 2022 Ky. Acts ch. 137, sec. 2, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 79, sec. 1, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 112, sec. 1, effective July 15, 2020. -- Amended 2019 Ky. Acts ch. 199, sec. 2, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 63, sec. 14, effective June 29, 2017; and ch. 156, sec. 4, effective April 10, 2017. -- Amended 2009 Ky. Acts ch. 101, sec. 4, effective March 25, 2009. -- Amended 2006 Ky. Acts ch. 227, sec. 3, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 58, sec. 1, effective July 13, 2004; ch. 103, sec. 2, effective July 13, 2004; and ch. 188, sec. 2, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 212, sec. 2, effective July 14, 2000; and ch. 452, sec. 6, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 598, sec. 12, effective April 14, 1998. - - Amended 1996 Ky. Acts ch. 318, sec. 49, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 256, sec. 4, effective July 1, 1994; and ch. 408, sec. 3, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 476, Pt. I, sec. 5, effective July 13, 1990.

Legislative Research Commission Note (6/29/2021). In codification, a correction has been made to subsection (7)(a)4. of this statute. Section 1 of 2021 Senate Bill 129, which amended this statute, contains a reference to "KRS 158.78," a number that does not correspond to any existing section of the Kentucky Revised Statutes. It is clear from the context and from consultation with the drafter that the reference was intended to read "KRS 158.782." Under the authority of KRS 7.136, the Reviser of Statutes has corrected this reference.

Legislative Research Commission Note (3/25/2009). The Reviser of Statutes has altered the internal numbering of subsection (2) of this statute from the way it appears in 2009 Ky. Acts ch. 101, sec. 4, under the authority of KRS 7.136 (1)(c).

158.6456 Locally developed indicators of quality -- Data -- Department of Education assistance and payment -- Administrative regulations.

(1) As used in this section:

(a) "Locally developed indicators of quality" means measures or indicators created or adopted by a local school district that:

1. Are aligned with the academic standards established in KRS 158.6453;

2. Allow all students to demonstrate their ability to apply grade- appropriate, standards-driven knowledge, content, and skills in real- world applications; and

3. May include additional locally identified indicators related to priorities established by the local community that serve to complement the requirements in subparagraphs 1. and 2. of this paragraph. These indicators may include student well-being, fiscal responsibility, or school safety; and

(b) "Vibrant learning" means an educational experience that is:

1. Characterized by student agency and the application of knowledge and skills aligned with the academic standards established in KRS 158.6453;

2. Developed in partnership with students' families, local communities, and the local workforce; and

3. Demonstrated through personalized projects, outputs, experiences, or other produced results reflecting each individual student's academic and career interests.

(2) Each local school district may develop and implement a system of locally developed indicators of quality in accordance with administrative regulations promulgated by the Kentucky Board of Education. The locally developed indicators of quality shall include:

(a) Student participation in vibrant learning experiences; and

(b) Locally developed indicators of performance.

(3) A local school district utilizing a system of locally developed indicators of quality shall:

(a) When an indicator involves student data, include student performance data for all students, disaggregated by individual subgroups, where permissible; and

(b) Develop a publicly available, online display that clearly communicates each applicable school and the district's performance on the locally developed indicators of quality, disaggregated by individual subgroups, where permissible.

(4) The Kentucky Department of Education:

(a) Shall offer technical assistance to local school districts in their development of locally developed indicators of quality; and

(b) May offer a one (1) time payment to offset costs incurred by local school districts in the development of locally developed indicators of quality. A financial payment provided under this paragraph shall not exceed fifteen thousand dollars ($15,000) per district.

(5) The Kentucky Board of Education may promulgate administrative regulations in accordance with KRS Chapter 13A necessary to administer the provisions of this section.

Effective: July 15, 2026

History: Created 2026 Ky. Acts ch. 138, sec. 1, effective July 15, 2026.

158.6457 Definitions for KRS 158.6452, 158.6453, 158.6455, and 158.6457.

As used in this section and KRS 158.6452, 158.6453, and 158.6455, unless the context requires otherwise:

(1) "Accountability index" means the statistic, as provided by KRS 158.6455(1), that combines a school's academic and nonacademic factors;

(2) "Core content for assessment" means the content identified for all students to know that is to be included on the state assessment; and

(3) "Nonacademic factors" means the statistic that describes school success on:

(a) Increasing attendance and decreasing retention rates at the elementary school level;

(b) Increasing attendance rates and decreasing retention and dropout rates at the middle school level; and

(c) Increasing attendance rates and decreasing retention and dropout rates and improving the transition to adult life at the secondary school level.

Effective:April 10, 2017

History: Amended 2017 Ky. Acts ch. 156, sec. 17, effective April 10, 2017. -- Created 1998 Ky. Acts ch. 598, sec. 1, effective April 14, 1998.

158.6458 Plan for implementation of state assessment and accountability system -- Report.

The Department of Education shall develop a plan for implementing the state assessment and accountability system created under KRS 158.6453 and 158.6455 and shall report quarterly to the Interim Joint Committee on Education on its progress in the following areas:

(1) Establishing a consistent structure of test components, grade-level testing distribution, and test administration procedures;

(2) Beginning a new cycle of equating procedures for which their adequacy and precision can be tested rigorously and conducting appropriate equating analyses to accommodate the new accountability system;

(3) Publishing more complete and informative guides for interpreting school accountability changes;

(4) Reviewing school accountability classifications to assure their construct validity in all cases where they are applied;

(5) Developing and implementing a validity research plan as required under KRS 158.6453;

(6) Establishing additional routine audits of key processes in the assessment and accountability program;

(7) Maintaining and cataloging a library of technical documents related to the assessment and accountability program for internal and external review purposes. In addition, the department shall produce an annual technical report for audiences that include educators, testing coordinators, parents, and legislators; and

(8) Maintaining a vigorous ongoing program of research and documentation of the effects of the assessment and accountability system on Kentucky schools.

Effective:April 10, 2017

History: Amended 2017 Ky. Acts ch. 156, sec. 5, effective April 10, 2017. -- Amended 2009 Ky. Acts ch. 101, sec. 5, effective March 25, 2009. -- Created 1998 Ky. Acts ch. 598, sec. 17, effective April 14, 1998.

158.6459 Intervention strategies for accelerated learning -- Individualized learning plan -- Support and technical assistance.

(1) A high school student whose highest score on the college admissions examination under KRS 158.6453(5)(b)3. in English, reading, or mathematics is below the systemwide standard established by the Council on Postsecondary Education for entry into a credit-bearing course at a public postsecondary institution without placement in a remedial course or an entry-level course with supplementary academic support shall be provided the opportunity to participate in accelerated learning designed to address his or her identified academic deficiencies prior to high school graduation.

(2) A high school, in collaboration with its school district, shall develop and implement accelerated learning that:

(a) Allows a student's learning plan to be individualized to meet the student's academic needs based on an assessment of test results and consultation among parents, teachers, and the student; and

(b) May include changes in a student's class schedule.

(3) The Kentucky Department of Education, the Council on Postsecondary Education, and public postsecondary institutions shall offer support and technical assistance to schools and school districts in the development of accelerated learning.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 138, sec. 4, effective July 15, 2026. -- Amended 2017 Ky. Acts ch. 156, sec. 6, effective April 10, 2017. -- Amended 2016 Ky. Acts ch. 136, sec. 7, effective July 15, 2016. -- Amended 2009 Ky. Acts ch. 101, sec. 6, effective March 25, 2009. -- Created 2006 Ky. Acts ch. 227, sec. 2, effective July 12, 2006.

158.646 Kentucky Institute for Education Research Board.

(1) The Kentucky Institute for Education Research Board is hereby created.

(2) The board shall establish a corporation which can qualify and obtain status under Section 501(c)(3) of the Internal Revenue Code. The purpose and mission of the corporation shall be to solicit and raise funds through private foundations, grants, and government agencies to support the independent evaluation of the Kentucky Education Reform Act and related activities. The corporation shall serve as a stimulus and clearinghouse for Kentucky Education Reform Act related research projects.

(3) (a) The board shall cause an in-depth evaluation of the impact of Kentucky Education Reform Act to be performed. This evaluation shall include, but not be limited to, the effect of the reforms on students, individual schools, school systems, and educators. The evaluation shall also include an analysis of the reliability and validity of the changes in scores between baseline scores and scores from subsequent administrations of tests.

(b) The board shall make recommendations to the citizens and elected leaders of the Commonwealth concerning the enhancement of the benefits of the Kentucky Education Reform Act and the expansion and improvement of services to students.

(c) The board shall establish an organizational capacity to:

1. Develop and manage implementation of a research design to include the issuing of requests for proposals; awarding of contracts; and general oversight and coordination of the quality and quantity of research;

2. Conduct research in accordance with a comprehensive research design and establish priorities; and

3. Design and implement a comprehensive educational data information system.

(d) The board shall prepare an annual report of its activities and the activities of the corporation and forward copies to the Governor, the Legislative Research Commission, the Kentucky Board of Education, and the Council on Postsecondary Education and make copies available to the citizens of the Commonwealth.

(e) The board shall hire an executive officer and other necessary personnel to carry out its responsibilities.

(f) The board shall consist of ten (10) members who shall initially be appointed to two (2) year terms by the Governor. The board shall select from its membership a chairperson and establish bylaws, including bylaws governing board membership and length of terms. Upon expiration of the initial appointments and adoption of bylaws governing membership and length of terms by the board, the board shall be self-perpetuating, and the appointment and length of terms shall be made in accordance with the board's bylaws. Vacancies which occur before the expiration of the initial appointments shall be filled by the Governor for the remaining term of the vacancy.

Effective: May 30, 1997

History: Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 62, effective May 30, 1997. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 408, sec. 1, effective July 15, 1994. Formerly codified as KRS 158.683, renumbered effective September 16, 1996.

Legislative Research Commission Note (9/16/96). This statute has been renumbered as KRS 158.646 from KRS 158.683 in order to remove the statute from the sunset provision contained in KRS 158.710(6). Initial placement of this statute within the range set out in the sunset provision was an inadvertent mistake in codification. 1994 Ky. Acts ch. 408, sec. 1 did not direct that the statute be placed within the range set out in the sunset provision.

158.647 Education Assessment and Accountability Review Subcommittee -- Members -- Duties -- Vote required to act. (Effective until January 1, 2027)

(1) A permanent subcommittee of the Legislative Research Commission to be known as the Education Assessment and Accountability Review Subcommittee is hereby created. The subcommittee shall be composed of eight (8) members appointed as follows: three (3) members of the Senate appointed by the President of the Senate; one (1) member of the minority party in the Senate appointed by the Minority Floor Leader in the Senate; three (3) members of the House of Representatives appointed by the Speaker of the House of Representatives; and one (1) member of the minority party in the House of Representatives appointed by the Minority Floor Leader in the House of Representatives. Members of the subcommittee shall serve for terms of two (2) years, and the members appointed from each chamber shall elect one (1) member from their chamber to serve as co-chair. The co-chairs shall have joint responsibilities for subcommittee meeting agendas and presiding at subcommittee meetings. A majority of the entire membership of the Education Assessment and Accountability Review Subcommittee shall constitute a quorum, and all actions of the subcommittee shall be by vote of a majority of its entire membership. Any vacancy that may occur in the membership of the subcommittee shall be filled by the same appointing authority who made the original appointment.

(2) The subcommittee shall review administrative regulations and advise the Kentucky Board of Education concerning the implementation of the state system of assessment and accountability, established in KRS 158.6453, 158.6455, and 158.782, and for any administrative regulation promulgated under provisions of KRS 158.860.

(3) The subcommittee may temporarily authorize the Kentucky Department of Education or Kentucky Board of Education to require a new report that is not expressly required by state statute or federal law while the General Assembly is not in session. The temporary authorization shall expire upon the sine die adjournment of the next regular session of the General Assembly.

(4) The subcommittee shall advise and monitor the Office of Education Accountability in the performance of its duties according to the provisions of KRS 7.410.

(5) On an alternating basis, each co-chair shall have the first option to set the monthly meeting date. A monthly meeting may be canceled by agreement of both co-chairs. The members of the subcommittee shall be compensated for attending meetings as provided in KRS 7.090.

(6) Any professional, clerical, or other employees required by the subcommittee shall be provided in accordance with the provisions of KRS 7.090.

Effective: July 1, 2026

History: Amended 2026 Ky. Acts ch. 196, sec. 23, effective July 1, 2026. -- Amended 2006 Ky. Acts ch. 119, sec. 2, effective July 12, 2006. -- Amended 2003 Ky. Acts ch. 185, sec. 6, effective March 31, 2003. -- Amended 2002 Ky. Acts ch. 235, sec. 1, effective April 8, 2002. -- Amended 2000 Ky. Acts ch. 437, sec. 2, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 598, sec. 2, effective April 14, 1998.

158.647 Education Assessment and Accountability Review Subcommittee -- Membership -- Terms -- Vacancies -- Duties -- Vote required to act. (Effective January 1, 2027)

(1) A permanent subcommittee of the Legislative Research Commission to be known as the Education Assessment and Accountability Review Subcommittee is hereby created. The subcommittee shall be composed of eight (8) members appointed as follows: three (3) members of the Senate appointed by the President of the Senate; one (1) member of the minority party in the Senate appointed by the Minority Floor Leader in the Senate; three (3) members of the House of Representatives appointed by the Speaker of the House of Representatives; and one (1) member of the minority party in the House of Representatives appointed by the Minority Floor Leader in the House of Representatives. Members of the subcommittee shall be appointed in January of each odd-numbered year and shall serve for terms of two

(2) years. The President of the Senate and Speaker of the House of Representatives shall each appoint one (1) member of the subcommittee from their chamber to serve as co-chair. The co-chairs shall have joint responsibilities for subcommittee meeting agendas and presiding at subcommittee meetings. A majority of the entire membership of the Education Assessment and Accountability Review Subcommittee shall constitute a quorum, and all actions of the subcommittee shall be by vote of a majority of its entire membership. Any vacancy that may occur in the membership of the subcommittee shall be filled within thirty (30) days of the occurrence, in the same manner as the original appointment, and for the balance of the vacated member's term.

(2) The subcommittee shall review administrative regulations and advise the Kentucky Board of Education concerning the implementation of the state system of assessment and accountability, established in KRS 158.6453, 158.6455, and 158.782, and for any administrative regulation promulgated under provisions of KRS 158.860.

(3) The subcommittee may temporarily authorize the Kentucky Department of Education or Kentucky Board of Education to require a new report that is not expressly required by state statute or federal law while the General Assembly is not in session. The temporary authorization shall expire upon the sine die adjournment of the next regular session of the General Assembly.

(4) The subcommittee shall advise and monitor the Office of Education Accountability in the performance of its duties according to the provisions of KRS 7.410.

(5) On an alternating basis, each co-chair shall have the first option to set the monthly meeting date. A monthly meeting may be canceled by agreement of both co-chairs. The members of the subcommittee shall be compensated for attending meetings as provided in KRS 7.090.

(6) Any professional, clerical, or other employees required by the subcommittee shall be provided in accordance with the provisions of KRS 7.090.

Effective: January 1, 2027

History: Amended 2026 Ky. Acts ch. 196, sec. 24, effective January 1, 2027. -- Amended 2025 Ky. Acts ch. 35, sec. 10, effective January 1, 2027. -- Amended 2006 Ky. Acts ch. 119, sec. 2, effective July 12, 2006. -- Amended 2003 Ky. Acts ch. 185, sec. 6, effective March 31, 2003. -- Amended 2002 Ky. Acts ch. 235, sec. 1, effective April 8, 2002. -- Amended 2000 Ky. Acts ch. 437, sec. 2, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 598, sec. 2, effective April 14, 1998.

158.6471 Meetings -- Education Assessment and Accountability Review Subcommittee, powers, process, and procedures when reviewing -- Assignment of regulation to committee -- Education committees, powers, process, and procedures when reviewing.

(1) When reviewing an administrative regulation pursuant to KRS 158.647, the Education Assessment and Accountability Review Subcommittee shall have the same powers and use the same process and procedures as the Administrative Regulation Review Subcommittee under KRS Chapter 13A, except as otherwise authorized by subsection (2) of this section.

(2) (a) If the subcommittee places an administrative regulation on its agenda for review, and at that meeting the subcommittee fails to achieve a quorum to conduct the review, the administrative regulation shall be deferred for up to forty-five (45) days and shall be placed on the agenda for review at the subcommittee's next meeting.

(b) If at the next meeting the subcommittee fails to achieve a quorum, then the administrative regulation shall be considered reviewed by the subcommittee and shall proceed in accordance with the process outlined under KRS Chapter 13A.

(3) The subcommittee may request the same professional and clerical support as is provided to the Administrative Regulation Review Subcommittee in reviewing administrative regulations.

(4) After review by the subcommittee, the Commission shall at its next regularly scheduled meeting assign a filed administrative regulation as appropriate to the Interim Joint Committee on Education, the Senate standing Education Committee, the House standing Education Committee, or the Senate and the House standing committees meeting jointly.

(5) When reviewing an administrative regulation, the Education Committee shall have the same powers and use the same process and procedures as other interim joint committees or standing committees with subject matter jurisdiction under KRS Chapter 13A.

Effective: June 29, 2021

History: Amended 2021 Ky. Acts ch. 125, sec. 4, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 192, sec. 16, effective June 27, 2019. -- Amended 2003 Ky. Acts ch. 89, sec. 18, effective June 24, 2003. -- Created 1998 Ky. Acts ch. 598, sec. 4, effective April 14, 1998.

158.6472 Review of administrative regulations.

The review of administrative regulations promulgated by the Kentucky Board of Education under the authority granted by KRS 158.6453, 158.6455, and 158.782 shall comply with the provisions of KRS 158.6471 and KRS Chapter 13A.

Effective: April 14, 1998

History: Created 1998 Ky. Acts ch. 598, sec. 3, effective April 14, 1998.

158.648 State Advisory Council for Gifted and Talented Education -- Purpose -- Duties.

(1) The State Advisory Council for Gifted and Talented Education is hereby created and attached to the Kentucky Department of Education. The council's purpose is to make recommendations regarding the provisions of services for gifted and talented students in Kentucky's education system.

(a) The council shall be composed of nineteen (19) voting members who shall be appointed by the Governor and three (3) nonvoting, ex officio members. The members shall be appointed representing various constituencies as follows:

1. Four (4) members shall be teachers within local school districts representing elementary, middle, and high school levels with at least one

(1) full-time teacher of gifted and talented students and one (1) full-time teacher who teaches in a regular classroom;

2. Four (4) members shall be parents of students in local school districts, including two (2) parents of students identified as gifted and talented and at least one (1) who serves or has served on a school council;

3. Three (3) members shall be from postsecondary education institutions, including one (1) from an independent college or university;

4. One (1) member shall be a superintendent of a local school district;

5. Two (2) members shall be principals, including one (1) from an elementary or middle school and one (1) from a high school;

6. Two (2) members shall be coordinators of gifted and talented programs and services in local school districts;

7. One (1) member shall be a local board of education member;

8. One (1) member shall represent the visual and performing arts; and

9. One (1) member shall be appointed from the private business sector.

(b) The three (3) nonvoting ex officio members shall be: the state consultant for gifted and talented education in the Kentucky Department of Education, a staff person designated by the executive secretary of the Education Professional Standards Board, and a staff person designated by the president of the Council on Postsecondary Education. Vacancies shall be filled by the Governor as they occur in a manner consistent with the provisions for initial appointment.

(c) Each board member shall serve a three (3) year term or until a successor is appointed, except that for initial appointments to the board, three (3) of the members shall be appointed to serve a one (1) year term, eight (8) of the members shall be appointed to serve a two (2) year term, and eight (8) of the members shall be appointed to serve a three (3) year term. A member may be reappointed but may not serve more than two (2) consecutive terms.

(2) The council shall advise the commissioner of education, the Kentucky Board of Education, and the Education Professional Standards Board concerning the development of administrative regulations and education policy regarding gifted and talented students. The commissioner of education and the executive secretary for the Education Professional Standards Board shall submit proposed administrative regulations and educational policies relating to gifted and talented education and other administrative regulations that impact gifted and talented students for review by the advisory council prior to seeking approval of the appropriate board.

(3) As the advisory council considers issues relating to gifted and talented students, it shall seek dialogue with other agencies and organizations, including the Parent Teachers Association, the Governor's Scholars Program, the Governor's School for the Arts, the Governor's School for Entrepreneurs Program, the Kentucky Association of School Councils, the Kentucky Association for Gifted Education, the Kentucky School Boards Association, the Kentucky Association of School Administrators, and the Kentucky Council for Exceptional Children.

(4) The advisory council shall annually elect a chair from its membership, establish meeting operational procedures, and meet at least two (2) times annually.

(5) The Department of Education shall provide staff and administrative support and shall administer the funds appropriated to support the expenses of the council.

(6) The members of the advisory council shall serve without compensation but shall be reimbursed for necessary expenses in the same manner as state employees.

Effective: July 15, 2016

History: Amended 2016 Ky. Acts ch. 150, sec. 3, effective July 15, 2016. -- Created 1998 Ky. Acts ch. 547, sec. 1, effective July 15, 1998.

158.6485 Governor's School for Entrepreneurs Program -- Entrepreneurship education organization -- Advisory board -- Appropriations -- Accounting practices and program reports -- Restricted use of funds.

(1) The Governor's School for Entrepreneurs Program is established as a statewide summer experiential education program for creative and enterprising students to enhance the next generation of business and economic leaders and enrich future economic development across the Commonwealth. The Governor's School for Entrepreneurs Program shall be attached to the Office of the Secretary in the Education and Labor Cabinet for administrative purposes.

(2) As used in this section, "entrepreneurship education organization" means a not-for-profit organization that has:

(a) Received tax-exempt status from the United States Internal Revenue Service;

(b) Registered with the Office of the Kentucky Secretary of State;

(c) A statewide mission to generate interest and knowledge in entrepreneurship; and

(d) A history of operating education programs focused on entrepreneurship.

(3) (a) The Governor or the Governor's designee from the executive cabinet, the commissioner of education, the president of the Council on Postsecondary Education, and the secretary of the Education and Labor Cabinet shall serve as ex officio members of an advisory board to the Governor's School for Entrepreneurs Program. In addition, the Governor shall appoint five (5) members to the advisory board as provided in paragraph (b) of this subsection.

(b) By July 31, 2016, the Governor shall appoint five (5) initial members of the advisory board to serve as follows:

1. One (1) shall be appointed to serve a three (3) year term;

2. Two (2) shall be appointed to serve a (2) year term; and

3. Two (2) shall be appointed to serve a (1) year term. Members appointed by the Governor may be reappointed by the Governor to serve successive terms. In making gubernatorial appointments, the Governor shall consider recommendations and information on business and entrepreneurial experience provided by a nominating committee of the board and shall attempt to promote geographic balance on the board. The Governor shall make appointments to fill gubernatorial vacancies as they occur. Each appointment after the initial appointment shall be for a three (3) year term unless the appointment is to fill the unexpired portion of a term.

(4) The Education and Labor Cabinet shall contract with an entrepreneurship education organization to administer and operate the statewide Governor's School for Entrepreneurs Program created in this section. The Education and Labor Cabinet shall approve the contract application criteria, the process for submission of a contract application, and the structure and type of evaluation criteria used in the contract application review process.

(5) The annual appropriation for the statewide Governor's School for Entrepreneurs Program from the general fund shall be transmitted to an entrepreneurship education organization on July 1 of each year to facilitate the operation of the summer program. Funds shall be used only for the purposes of the statewide Governor's School for Entrepreneurs Program and, notwithstanding KRS 45.229, shall not lapse at the end of the fiscal year.

(6) (a) The entrepreneurship education organization shall follow standard accounting practices and shall submit the following financial reports to the Office of the Secretary of the Education and Labor Cabinet, the Finance and Administration Cabinet, and the Legislative Research Commission:

1. Quarterly reports of expenditures of state funds for the Governor's School for Entrepreneurs Program, submitted on or before the thirtieth day after the end of each quarter in the organization's fiscal year;

2. Annual reports of receipts and expenditures for the Governor's School for Entrepreneurs Program, submitted on or before the sixtieth day after the end of the fiscal year of the organization; and

3. The report of an annual financial compilation or review conducted by an independent accounting firm, submitted on or before September 1 of each year.

(b) On or before March 1 of each year, the entrepreneurship education organization shall file a report detailing the operations of the Governor's School for Entrepreneurs Program for the preceding year with the Office of the Secretary of the Education and Labor Cabinet, the Finance and Administration Cabinet, and the Legislative Research Commission. The report shall include information concerning the program, student and faculty demographics, and program outcomes according to such measures of success as the advisory board to the statewide Governor's School for Entrepreneurs Program, in collaboration with the entrepreneurship education organization, may develop.

(c) Nothing in this section shall prevent the entrepreneurship education organization from soliciting program support, cooperation, and funds from private businesses, foundations, industries, and government agencies with an interest in technological innovations, economic development, and entrepreneurial education. Funds may be solicited, accepted, received, and expended from public and private sources for the purpose of implementing this section.

(7) The entrepreneurship education organization may perform other programs and initiatives pertaining to its mission so long as all funds appropriated for the statewide Governor's School for Entrepreneurs Program are restricted solely for the design, development, and operation of the statewide Governor's School for Entrepreneurs Program.

Effective:July 1, 2022

History: Amended 2022 Ky. Acts ch. 236, sec. 69, effective July 1, 2022. -- Created 2016 Ky. Acts ch. 150, sec. 1, effective July 15, 2016.

158.649 Achievement gaps -- Data on student performance -- Policy for reviewing academic performance -- Student achievement targets -- Reporting requirements -- Review and revision of improvement plan.

(1) "Achievement gap" means the difference between performance goals and actual performance on each of the tested areas by grade level of the state assessment program for each of the various subgroups of students as described in the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, including male and female students, students with and without disabilities, students with and without English proficiency, minority and nonminority students, and students who are eligible for free and reduced lunch and those who are not eligible for free and reduced lunch.

(2) By October 1 of each year, the Department of Education shall provide each school council, or the principal if a school council does not exist, data on its students' performance as shown by the state assessment program described in KRS 158.6453. The data shall include but not be limited to information on performance levels of all students tested, and information on the performance of students disaggregated by race, gender, disability, English proficiency, and participation in the federal free and reduced price lunch program, and any other subgroups as described in the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor. The information from the department shall include an equity analysis that shall identify the substantive differences among the various groups of students identified in subsection (1) of this section. Beginning with the 2012-2013 school year, the reporting requirement in this subsection shall be no later than seventy-five (75) days following the first day the assessment can be administered.

(3) Each local board of education upon the recommendation of the local district superintendent shall adopt a policy for reviewing the academic performance on the state assessments required under KRS 158.6453 for various groups of students, including major racial groups, gender, disability, free and reduced price school lunch eligibility, and limited English proficiency. The local board policy shall be consistent with Kentucky Board of Education administrative regulations. Upon agreement of the school-based decision making council, or the principal if there is not a council, and the superintendent, the local board shall establish an annual target for each school for reducing identified gaps in achievement as set out in subsection (4) of this section.

(4) By February 1 of each year, the school-based decision making council, or the principal if there is not a council, with the involvement of parents, faculty, and staff shall set the school's targets for eliminating any achievement gap and submit them to the superintendent for consideration. The superintendent and the school-based decision making council, or the principal if there is not a council, shall agree on the targets before they are submitted to the local board of education for adoption.

(5) By January 1 of each year, the school council, or the principal if a school council does not exist, with the involvement of parents, faculty, and staff, shall review the data and revise the school improvement plan to include the targets, strategies, activities, and a time schedule calculated to eliminate the achievement gap among various groups of students to the extent it may exist. The plan shall include but not be limited to activities designed to address the following areas:

(a) Curriculum alignment within the school and with schools that send or receive the school's students;

(b) Evaluation and assessment strategies to continuously monitor and modify instruction to meet student needs and support proficient student work;

(c) Professional development to address the goals of the plan;

(d) Parental communication and involvement;

(e) Attendance improvement and dropout prevention; and

(f) Technical assistance that will be accessed.

(6) The principal shall convene a public meeting at the school to present and discuss the plan prior to submitting it to the superintendent and the local board of education for review, in the public meeting required under KRS 160.340.

(7) Based on the disaggregated assessment results, the local board shall determine if each school achieved its targets for each group of students. Only data for a group of students including ten (10) or more students shall be considered.

(8) Notwithstanding KRS 160.345(8) and 158.070(7), if a local board determines that a school has not met its target to reduce the identified gap in student achievement for a group of students, the local board shall require the council, or the principal if no council exists, to submit its revisions to the school improvement plan describing the use of professional development funds and funds allocated for continuing education to reduce the school's achievement gap for review and approval by the superintendent. The plan shall address how the school will meet the academic needs of the students in the various groups identified in subsection (1) of this section.

(9) The superintendent shall report to the local school board and the commissioner of education if a school fails to meet its targets in any academic content area to reduce the gap in student achievement for any student group for two (2) consecutive years. The school's improvement plan shall be subject to review and approval by the Kentucky Department of Education and the school shall submit an annual status report. The Department of Education may provide assistance as defined in KRS 160.346 to schools as it deems necessary to assist the school in meeting its goals.

(10) The school-based decision making council, or the principal if there is not a council, shall no longer be required to seek approval of the plan under subsections (8) and (9) of this section when it meets its target for reducing the gap in student achievement for the various groups of students identified in subsection (1) of this section.

Effective:April 8, 2022

History: Amended 2022 Ky. Acts ch. 168, sec. 3, effective April 8, 2022. -- Amended 2020 Ky. Acts ch. 112, sec. 7, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 156, sec. 7, effective April 10, 2017. -- Amended 2014 Ky. Acts ch. 14, sec. 5, effective July 15, 2014. -- Amended 2010 Ky. Acts ch. 146, sec. 3, effective April 13, 2010. -- Amended 2009 Ky. Acts ch. 101, sec. 7, effective March 25, 2009. -- Created 2002 Ky. Acts ch. 302, sec. 1, effective July 15, 2002.

Legislative Research Commission Note (4/8/2022). 2022 Ky. Acts ch. 168, sec. 4, provides that the Act, which amended this statute, may be cited as Wyatt s Act.

158.650 Repealed, 2017.

[Repealed]

158.660 Repealed, 1990.

[Repealed]

158.665 Repealed, 1990.

[Repealed]

158.670 Repealed, 1990.

[Repealed]

158.680 Repealed, 2017.

[Repealed]

158.683 Renumbered as KRS 158.646.

[Renumbered as KRS 158.646.]

158.685 Repealed, 2017.

[Repealed]

158.690 Repealed, 1990.

[Repealed]

158.700 Repealed, 1990.

[Repealed]

158.710 Repealed, 2017.

[Repealed]

158.720 Repealed, 1990.

[Repealed]

158.730 Repealed, 1990.

[Repealed]

158.740 Repealed, 1990.

[Repealed]

158.750 Repealed, 1990.

[Repealed]

158.760 School-to-Careers System -- Legislative intent -- Goals.

(1) It is the intent of the General Assembly that a School-to-Careers System be developed to serve as an umbrella for career-related programs in the public schools, including School-to-Work, Tech Prep, and High Schools That Work initiatives.

(2) The goals of the School-to-Careers System shall be to:

(a) Increase the math, science, communications, social studies, and technical skills of all students through the implementation of a more rigorous and relevant applied curriculum and instructional process;

(b) Increase the awareness of job and career availability in the future workforce and the skills required to obtain those positions;

(c) Increase the postsecondary education's entry and completion rates and reduce the percentage of students taking remedial courses;

(d) Decrease the high school dropout rate through a system of increased guidance and extra help focused on academics and career achievement;

(e) Make all students aware of employer expectations in order to be successful;

(f) Increase the daily attendance rate at all secondary schools; and

(g) Provide the educational experiences that will cause all students to meet the goals and capacities identified in KRS 158.645 and KRS 158.6451 for Kentucky students.

Effective: April 9, 1998

History: Created 1998 Ky. Acts ch. 444, sec. 1, effective April 9, 1998.

158.7603 School-to-Careers Grant Program -- Authority for administrative regulations -- Advisory committee.

(1) The School-to-Careers Grant Program shall be provided by the General Assembly to provide matching funds to school districts or consortia of school districts for the development and implementation of comprehensive plans that include:

(a) A comprehensive career awareness and exploration program for all students in grades K-8 to include study of Kentucky's fourteen (14) career clusters;

(b) High level academic and vocational courses for all secondary students to replace a general track curriculum;

(c) A comprehensive career guidance program to assist all secondary students in developing individual graduation plans;

(d) Applied academic instructional models for all disciplines and integration of academics and vocational education curriculum;

(e) Implementation of industry skill standards within all relevant academic and vocational education programs;

(f) Planned instructional programs to meet the needs of students with disabilities and other special needs students;

(g) Opportunity for students to receive, in addition to a high school diploma, a Career Major Certificate upon completion of the high school graduation requirements, work-based learning experiences, specific course work, and a career culminating project;

(h) Opportunity for students to participate in structured workbased learning;

(i) Linkages with postsecondary institutions that create a smooth and seamless transition from secondary to postsecondary education;

(j) Professional development for faculty and staff focused on developing integrated and applied curriculum; and

(k) A School-to-Careers Partnership Council composed of representatives of business, labor, education agencies, parents, students, teachers, administrators, and community organizations.

(2) The Kentucky Board of Education shall promulgate administrative regulations that set forth the request for proposal process, the criteria for grant awards, the responsibilities of local districts and consortia seeking matching funds, the level of funding available, and criteria for evaluating the success of the programs.

(3) The Department of Education shall administer the funds and shall provide technical assistance to local districts and consortia in developing, implementing, and evaluating School-to-Careers programs.

(4) The commissioner of education shall establish a state advisory committee composed of business, industry, labor, education, and government with a minimum of fifty- one percent (51%) of its membership from the employment sector to advise the department in the School-to-Careers program. The members shall serve without compensation but may be reimbursed for necessary travel expenses.

(5) The grant funds may be used to enhance on-going efforts such as Tech Prep, School-to-Work, and High Schools that Work initiatives.

Effective: April 9, 1998

History: Created 1998 Ky. Acts ch. 444, sec. 2, effective April 9, 1998.

158.770 Advisory committee on writing program.

An advisory committee on writing shall be created by the Kentucky Board of Education to make recommendations to the board regarding the establishment of an intensive writing component in the state program of studies for grades seven (7) through ten (10) and the establishment of innovative pilot writing programs in selected local school districts in grades seven (7) through ten (10).

(1) The advisory committee shall be composed of nine (9) members appointed by the Kentucky Board of Education. The majority of the membership shall be educators currently employed by local school districts or public universities.

(2) (a) On July 13, 1990, the terms of the current members of the advisory committee shall expire and the Kentucky Board of Education shall appoint members as follows: three (3) members shall serve two (2) year terms, three (3) members shall serve three (3) year terms, and three (3) members shall serve four (4) year terms.

(b) As the terms described in subsection (a) of this section expire, members appointed thereafter shall serve four (4) year terms.

(3) All operating expenses of the committee shall be approved by the Kentucky Board of Education and paid from funds budgeted to the writing programs. Members shall be reimbursed for actual expenses for attendance at committee meetings and for other actual expenses incurred in carrying out their official duties.

(4) The functions of the committee shall be as follows:

(a) Analyze the program of studies of grades seven (7) through ten (10) and make recommendations to the Kentucky Board of Education on the options for including an intensive writing program;

(b) Make recommendations to the Kentucky Board of Education on methods of integrating writing into the curriculum in grades seven (7) through ten (10);

(c) Make recommendations to the Kentucky Board of Education relative to the development of teacher training programs and workshops designed to facilitate the effective teaching of writing;

(d) Develop and recommend to the Kentucky Board of Education criteria for local district participation in the pilot program;

(e) Develop a monitoring and ongoing evaluation system; and

(f) Recommend to the Kentucky Board of Education a grant allotment system to award funds to eligible districts.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 213, effective July 13, 1990. -- Created 1985 (1st Extra. Sess.) Ky. Acts ch. 10, sec. 14, effective October 18, 1985. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, C, 3, (9) at 2075.

158.775 Writing program pilot project.

(1) The Kentucky Board of Education shall select school districts to participate in pilot programs based upon the criteria recommended by the advisory committee on writing.

(2) The Kentucky Board of Education shall authorize grants of funds to school districts selected for participation in the program based on the grant allotment system recommended by the advisory committee on writing.

(3) Teacher aides may be employed in selected districts to assist in the implementation of this program. Such aides shall meet the same qualifications required of kindergarten aides in KRS 161.044.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 407, effective July 13, 1990. -- Created 1985 (1st Extra. Sess.) Ky. Acts ch. 10, sec. 15, effective October 18, 1985. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, C, 3, (9) at 2075.

158.780 Management improvement programs.

(1) The Kentucky Board of Education shall establish a program for voluntary management improvement, for involuntary supervision, and for assuming full control of a local school district.

(a) The voluntary improvement program shall assist local districts with the development of innovative management practices and help them adopt currently accepted practices.

(b) If the Kentucky Board of Education believes that a critical lack of efficiency or effectiveness in the governance or administration of a local school district exists, it shall conduct an administrative hearing in compliance with KRS Chapter 13B. If it is determined that there is a critical lack of efficiency or effectiveness in the governance or administration, the state board shall assume sufficient supervision of the district to ensure that appropriate corrective action occurs. Neither the state board, the chief state school officer, nor his designee shall assume the supervision of the district until an administrative hearing has been conducted under KRS Chapter 13B.

(c) If the Kentucky Board of Education believes that the pattern of a lack of efficiency or effectiveness in the governance or administration of a school district warrants action, it shall conduct an administrative hearing in compliance with KRS Chapter 13B. If it is determined that the pattern does warrant action, it shall declare the district a "state assisted district" or a "state managed district" and the state board shall then assume control of the district as set forth in this section and KRS 158.785.

(2) The Kentucky Board of Education shall adopt necessary administrative regulations to carry out the provisions of this section and KRS 158.785, including an administrative regulation to more specifically establish and implement the standards for designation as a "state assisted district" and a "state managed district."

(3) The Kentucky Board of Education may delegate to the chief state school officer the authority it deems necessary to carry out the provisions of this section and KRS 158.785. However, neither the state board, the chief state school officer, nor his designee shall assume the supervision of the district until an administrative hearing has been conducted under the provisions of KRS Chapter 13B.

Effective: July 15, 1996

History: Amended 1996 Ky. Acts ch. 32, sec. 1, effective July 15, 1996; and ch 362, sec 6, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 184, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 214, effective July 13, 1990. -- Created 1985 (1st Extra. Sess.) Ky. Acts ch. 10, sec. 16, effective October 18, 1985.

158.782 Monitoring and review of turnaround plan -- Skilled assistance.

(1) To align with the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, the Kentucky Department of Education shall promulgate administrative regulations establishing the monitoring and periodic review of the implementation of a local school district's turnaround plan for a school identified for comprehensive support and improvement described in KRS 160.346. The monitoring and review process shall be limited to performing an annual review of the school's state assessment data and measures of school quality, periodic site visits, observation, and interviews of representative stakeholders and students.

(2) Schools and districts receiving highly skilled assistance from the Kentucky Department of Education prior to April 10, 2017, shall continue to receive assistance in accordance with the established assistance plan.

Effective:April 10, 2017

History: Amended 2017 Ky. Acts ch. 156, sec. 8, effective April 10, 2017. -- Amended 2004 Ky. Acts ch. 188, sec. 3, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 598, sec. 14, effective April 14, 1998. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective 15, 1996. -- Amended 1994 Ky. Acts ch. 408, sec. 4, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 476, Pt. I, sec. 6, effective July 13, 1990.

158.785 Collection and review of management data -- Management audit -- Conditions for designation as state assisted or state managed district -- Actions required.

(1) The Kentucky Board of Education shall establish a program to improve specific aspects of the management of local school districts as described in KRS 158.780.

(2) The State Department of Education shall, pursuant to administrative regulations promulgated by the Kentucky Board of Education, collect and review data relative to the instructional and operational performance of local school districts. When a review of the data or of any other information, including site investigations of local management practices, indicates the presence of critically ineffective or inefficient management, the chief state school officer shall order a management audit of the governance and administration of the district. A local school board or superintendent may also request a management audit of the district.

(3) If a management audit, conducted for any of the reasons set forth in subsection (2) of this section, indicates that there is a pattern of a significant lack of efficiency and effectiveness in the governance or administration of a school district, the chief state school officer shall recommend the district to the Kentucky Board of Education either as a "state assisted district" or a "state managed district."

(4) The Kentucky Board of Education shall promulgate an administrative regulation establishing a procedure for considering the recommendation of the chief state school officer to declare a district a "state assisted district" or a "state managed district." This procedure shall fully comply with the procedures for administrative hearings established in KRS Chapter 13B.

(5) When the chief state school officer presents a recommendation to the state board for designation as a "state assisted district" or a "state managed district," he shall establish the following:

(a) Existence of a pattern of a significant lack of efficiency and effectiveness in the governance or administration of the school district;

(b) The pattern of a significant lack of efficiency and effectiveness in the governance or administration of the school district continues to exist; and

(c) State assistance or state management is necessary to correct the inefficiencies and ineffectiveness.

(6) When a district is designated a "state assisted district" under subsection (4) of this section, the following actions shall be required of the chief state school officer:

(a) Management assistance shall be provided to the district to develop and implement a plan to correct deficiencies found in the management audit.

(b) The Department of Education shall monitor the development and implementation of the correctional plan to improve the governance or administration of the school district. If the chief state school officer determines that the plan is being inadequately developed or implemented, he shall make a recommendation to the Kentucky Board of Education to declare the district a "state managed district."

(7) If the state board designates a district a "state managed district" under subsection (4) of this section, the following actions shall be required of the chief state school officer:

(a) All administrative, operational, financial, personnel, and instructional aspects of the management of the school district formerly exercised by the local school board and the superintendent shall be exercised by the chief state school officer or his designee.

(b) The local superintendent may be removed from office by the Kentucky Board of Education pursuant to KRS 156.132.

(c) Notwithstanding any statute to the contrary, after thirty (30) days after a district becomes a "state managed district" any appointment to an administrative position may be revoked by the chief state school officer and the individual employee may be reassigned to any duty for which that person is qualified. The chief state school officer shall provide to the reassigned employee written reasons for the reassignment. The individual shall not be dismissed from subsequent employment except as provided by KRS 156.132 and 161.790.

(d) The chief state school officer shall make the administrative appointments as necessary to exercise full and complete control of all aspects of the management of the district. The chief state school officer, through the appointments, may make any and all decisions previously made by the local school board and the local superintendent. The chief state school officer shall retain clear supervisory and monitoring powers over the operation and management of the district.

(8) A school district shall be designated as a "state managed district" until the Kentucky Board of Education determines that the pattern of ineffective and inefficient governance or administration and the specific deficiencies determined by the management audit have been corrected. Each year following the school year in which the designation of a "state managed district" was made, the chief state school officer shall report the status of the corrective action being taken to the Kentucky Board of Education. No local school district shall remain in the status of a "state managed district" longer than three (3) consecutive school years unless the Kentucky Board of Education extends the time after a complete review of a new management audit. Any judicial review of actions taken by the chief state school officer or the board under KRS 158.780 or this section shall be in accordance with the provisions for conducting judicial review of administrative hearings outlined in KRS Chapter 13B.

Effective: June 29, 2021

History: Amended 2021 Ky. Acts ch. 144, sec. 3, effective June 29, 2021. -- Amended 1996 Ky. Acts ch. 32, sec. 2, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 184, sec. 2, effective July 14, 1992. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 408, effective July 13, 1990. -- Created 1985 (1st Extra. Sess.) Ky. Acts ch. 10, secs. 17 and 18, effective October 18, 1985.

158.790 Renumbered as KRS 151B.135.

[Renumbered as KRS 151B.135.]

158.791 Legislative findings and intent regarding reading and mathematics.

(1) The General Assembly hereby finds that:

(a) Reading proficiency is a gateway skill necessary for all of Kentucky students to achieve the academic goals established in KRS 158.6451. It is Kentucky's goal that all children learn to read well before exiting grade three (3) and that all middle and high school students have the skills necessary to read complex materials in specific core subjects and comprehend and constructively apply the information; and

(b) Mathematics proficiency is essential for all Kentucky students to achieve the academic goals established in KRS 158.6451. It is Kentucky's goal that all children have the skills necessary to demonstrate procedural skill and fluency, building from conceptual understanding to application, in order to solve real- world problems.

(2) It is the intent of the General Assembly that:

(a) Every elementary school:

1. Provide comprehensive schoolwide reading and mathematics instruction aligned to reading, writing, and mathematics standards required by KRS 158.6453 and outlined in administrative regulation promulgated by the Kentucky Board of Education;

2. Provide a multitiered system of supports, as set forth in and required by KRS 158.305, to support and engage all students in learning to read at the proficient level, meaning a level that reflects developmentally appropriate grade-level performance, by the end of grade three (3);

3. Provide a multitiered system of supports, as set forth in KRS 158.8402, to support and engage all students in learning to apply mathematical content and practices at a proficient level, meaning a level that reflects developmentally appropriate grade-level performance, by the end of grade five (5);

4. Ensure quality instruction for reading and mathematics by highly trained teachers and intervention by individuals most qualified to provide the intervention; and

5. Provide high quality library media programs;

(b) Every middle and high school:

1. Provide direct, explicit instruction to students lacking skills in how to read, learn, and analyze information in key subjects, including language, reading, English, mathematics, science, social studies, arts and humanities, practical living skills, and career studies;

2. Ensure that teachers have the skills to help all students develop critical content knowledge, strategies, and skills for subject-based reading and grade-level appropriate mathematics;

3. Provide a multitiered system of supports to support and engage all students in learning to apply mathematical content and practices at a proficient level; and

4. Ensure all students routinely have opportunities to experience high- quality mathematics instruction, learn challenging, grade-level appropriate mathematics content and practices, and receive the necessary support to make progress toward proficiency;

(c) The Kentucky Department of Education shall provide technical assistance to local school districts in the identification of high-quality professional development, including teaching strategies to help teachers in each subject area to:

1. Implement evidence-based reading, intervention, and instructional strategies that emphasize phonemic awareness, phonics, fluency, vocabulary, comprehension, and connections between reading and writing acquisition, and motivation to read to address the diverse needs of students;

2. Implement evidence-based mathematics instruction, intervention, and instructional strategies that emphasize algebraic reasoning, conceptual understanding, procedural skill and fluency, geometry, data and measurement, statistics and probability, number sense, place value understanding, spatial reasoning, and subitizing for multiplicative reasoning;

3. Identify and teach the grade-level content, practices, and skills that students need to comprehend the concepts and content of each subject area; and

4. Use learning experiences and high-quality instructional materials that will help the students comprehend, meet grade-level expectations, and constructively apply information based on the unique content of each subject area;

(d) The Education Professional Standards Board shall review and revise when deemed necessary the teacher certification and licensure requirements to ensure that all teachers, regardless of the subject area taught, are prepared to improve students' subject reading and mathematics skills; and

(e) The department shall collaborate with relevant groups for the purpose of increasing student outcomes in literacy and mathematics.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 222, sec. 1, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 40, sec. 1, effective March 29, 2022. -- Amended 2010 Ky. Acts ch. 42, sec. 1, effective July 15, 2010. -- Created 2005 Ky. Acts ch. 127, sec. 2, effective March 18, 2005.

Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 222, sec. 8, provides that the Act, which amended this statute and KRS 158.840 and 158.842 and created KRS 158.8401, 158.8402, 158.843, and 164.3061, may be cited as the Kentucky Numeracy Counts Act.

Legislative Research Commission Note (3/29/2022). 2022 Ky. Acts ch. 40, sec. 10, provides that the Act, which amended this statute, may be cited as the Read to Succeed Act.

Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 127, which created this section, KRS 158.791, provides that the Act shall be cited as the Read to Achieve Act of 2005.

158.792 Definitions for KRS 158.792 and 164.0207 -- Reading diagnostic and intervention fund -- Grants for reading intervention programs -- Administrative regulations -- Use of grant funds -- Information and reports provided by Department of Education.

(1) As used in this section and KRS 164.0207, unless the context requires otherwise:

(a) "Comprehensive reading program" means any print, nonprint, or electronic medium of reading instruction designed to assist students. For students in kindergarten through grade three (3), program instructional resources shall include instruction in five (5) key areas: phonemic awareness, phonics, fluency, vocabulary, and comprehension;

(b) "Reading diagnostic assessment" means an assessment that measures a student's skills against established performance levels in essential components of reading and identifies students that require intervention in at least one (1) of those components to accelerate the student's progress toward proficient performance in reading;

(c) "Reading intervention program" means short-term intensive instruction in the essential skills necessary to read proficiently that is provided to a student by a highly trained teacher. This instruction may be conducted one-on-one or in small groups; shall be evidence-based, reliable, and replicable; and shall be based on the ongoing assessment of individual student needs; and

(d) "Reliable, replicable evidence" means objective, valid, scientific studies that:

1. Include rigorously defined samples of subjects that are sufficiently large and representative to support the general conclusions drawn;

2. Rely on measurements that meet established standards of reliability and validity;

3. Test competing theories, where multiple theories exist;

4. Are subjected to peer review before their results are published; and

5. Discover effective strategies for improving reading skills.

(2) The reading diagnostic and intervention fund is created to help teachers and library media specialists improve the reading skills of struggling readers in kindergarten through grade three (3) and to assist schools in employing reading interventionists who specialize in providing those services. The Department of Education, upon the recommendation of the Reading Diagnostic and Intervention Grant Steering Committee, shall provide renewable, two (2) year grants to schools to support teachers and reading interventionists in the implementation of reliable, replicable evidence-based reading intervention programs that use a balance of diagnostic tools and instructional strategies that emphasize phonemic awareness, phonics, fluency, vocabulary, comprehension, and connections between writing and reading acquisition and motivation to read to address the diverse learning needs of those students reading at low levels. Any moneys in the fund at the close of the fiscal year shall not lapse but shall be carried forward to be used for the purposes specified in this section.

(3) (a) The Kentucky Board of Education shall promulgate administrative regulations, based on recommendations from the Department of Education that shall include but not be limited to a school selection process with a focus on those with the most need, professional learning supports in literacy, and early reading instruction to:

1. Identify eligible grant applicants, taking into consideration how the grant program described in this section will relate to other grant programs;

2. Specify the criteria for acceptable reading and literacy diagnostic assessments and intervention programs;

3. Specify the criteria for acceptable ongoing assessment of each child to determine his or her reading progress;

4. Establish the minimum evaluation process for an annual review of each grant recipient's program and progress;

5. Identify the annual data that must be provided from grant recipients;

6. Define the application review and approval process;

7. Establish matching requirements deemed necessary;

8. Define the professional development and continuing education requirements for teachers, library media specialists, administrators, and staff of grant recipients;

9. Establish the conditions for renewal of a two (2) year grant; and

10. Specify other conditions necessary to implement the purposes of this section.

(b) The board shall require that a grant applicant provide assurances that the following principles will be met if the applicant's request for funding is approved:

1. An evidence-based comprehensive schoolwide reading program will be available;

2. Intervention services will supplement, not replace, regular classroom instruction;

3. Intervention services will be provided to struggling kindergarten through grade three (3) readers within the school based upon ongoing assessment of their needs; and

4. A system for informing parents of struggling readers of the available family literacy services within the district will be established.

(c) The board shall not restrict how a grant applicant utilizes grant funds as it relates to the applicant's use of funds for professional development, resources, tools, employment of reading interventionists, and other expenses authorized by this section. The grant applicant shall have discretion in allocating grant funds for purposes authorized by this section; however, the board may consider the effectiveness of those uses in reviewing the application.

(4) In order to qualify for funding, the school council, or if none exists, the principal or the superintendent of schools, shall allocate matching funds required by grant recipients under subsection (3) of this section. Funding for professional development allocated to the school council under KRS 160.345 and for continuing education under KRS 158.070 may be used as part of the school's match.

(5) The Department of Education shall make available to schools:

(a) Information concerning successful, evidence-based comprehensive reading programs, diagnostic tools for pre- and post-assessment, and intervention programs, from the statewide reading research center established under KRS 164.0207;

(b) Strategies for successfully implementing early reading programs, including professional development support and the identification of funding sources; and

(c) A list of professional development providers offering teacher training related to reading that emphasizes the essential components for successful reading: phonemic awareness, phonics, fluency, vocabulary, comprehension, and connections between writing and reading acquisition and motivation to read.

(6) The Department of Education shall submit a report to the Interim Joint Committee on Education no later than November 1 of each year outlining the use of grant funds. The annual report for an odd-numbered year shall include an estimate of the cost to expand the reading diagnostic and intervention fund.

(7) The Department of Education shall report program data to an external evaluator for analysis of the program's success in meeting the goal of increasing early literacy student outcomes.

Effective: July 1, 2024

History: Amended 2023 Ky. Acts ch. 55, sec. 7, effective July 1, 2024. -- Amended 2022 Ky. Acts ch. 40, sec. 5, effective March 29, 2022; and ch. 236, sec. 70, effective July 1, 2022. -- Amended 2009 Ky. Acts ch. 11, sec. 50, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 127, sec. 3, effective March 18, 2005. -- Created 1998 Ky. Acts ch. 580, sec. 1, effective July 15, 1998.

Legislative Research Commission Note (7/1/2022). This statute was amended by 2022 Ky. Acts chs. 40 and 236. Ch. 236 combined the Education and Workforce Development Cabinet and Labor Cabinet and amended all applicable statutes to remove each and every existing reference to either of those cabinets and insert the name of the successor agency, "Education and Labor Cabinet," in its place. One such replacement was made in this section, but the amendment of this section in ch. 40 removed the cabinet reference in its entirety, making the name update unnecessary.

Legislative Research Commission Note (3/29/2022). 2022 Ky. Acts ch. 40, sec. 9, reads as follows: "Notwithstanding any regulation or rule adopted by the Kentucky Department of Education, any grant application submitted previously to the department in accordance with during the 2021-2022 school year under KRS 158.792 shall be subject to Section 5 of this Act [this statute, as amended by 2022 Ky. Acts ch. 40, sec. 5]."

Legislative Research Commission Note (3/29/2022). 2022 Ky. Acts ch. 40, sec. 10, provides that the Act, which amended this statute, may be cited as the Read to Succeed Act.

Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 127, which included an amendment to this section, KRS 158.792, provides that the Act shall be cited as the Read to Achieve Act of 2005.

158.794 Reading Diagnostic and Intervention Grant Steering Committee -- Membership -- Duties.

(1) The Reading Diagnostic and Intervention Grant Steering Committee is hereby created for the purpose of advising the Kentucky Board of Education and the Department of Education concerning the implementation and administration of universal screeners, reading diagnostic assessments, and a statewide professional development program for early literacy. The committee shall be composed of fourteen (14) members, including the commissioner of education or the commissioner's designee and the following members, to be appointed by the Governor:

(a) Four (4) elementary school teachers with a specialty or background in reading and literacy or reading intervention;

(b) One (1) elementary school parent;

(c) One (1) elementary school principal;

(d) One (1) elementary special education teacher;

(e) One (1) postsecondary educator who trains and prepares elementary reading teachers;

(f) One (1) speech-language pathologist;

(g) One (1) elementary librarian or certified media specialist;

(h) One (1) elementary reading intervention teacher;

(i) One (1) teacher with experience assisting children who are deaf or hearing-impaired; and

(j) One (1) private sector member with reading intervention experience.

(2) Each member of the committee, other than the commissioner of education or the commissioner's designee, shall serve for a term of three (3) years or until a successor is appointed, except that upon initial appointment, five (5) members shall serve a one (1) year term, four (4) members shall serve a two (2) year term, and four (4) members shall serve a three (3) year term.

(3) A majority of the full authorized membership shall constitute a quorum.

(4) The committee shall elect, by majority vote, a chair, who shall be the presiding officer of the committee, preside at all meetings, and coordinate the functions and activities of the committee. The chair shall be elected or reelected each calendar year.

(5) The committee shall be attached to the Department of Education for administrative purposes.

(6) The committee shall:

(a) Identify needs, trends, and issues in schools throughout the state regarding reading and literacy programs;

(b) Make recommendations regarding the content of administrative regulations to be promulgated by the Kentucky Board of Education under KRS 158.792;

(c) Advise the Kentucky Board of Education and the Department of Education regarding costs and effectiveness of various reading intervention programs; and

(d) Advise the Department of Education on:

1. Suggested universal screeners for reading to be administered to students in kindergarten through grade three (3) as required by KRS 158.791;

2. Suggested criteria for reading diagnostic assessments to be administered to students in kindergarten through grade three (3) as required by KRS 158.791; and

3. The development, implementation, and outcomes of a statewide professional development program to include early literacy skills instruction and student engagement.

Effective:March 29, 2022

History: Amended 2022 Ky. Acts ch. 40, sec. 6, effective March 29, 2022. -- Amended 2005 Ky. Acts ch. 127, sec. 4, effective March 18, 2005. -- Amended 2000 Ky. Acts ch. 204, sec. 2, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 580, sec. 2, effective July 15, 1998.

Legislative Research Commission Note (3/29/2022). 2022 Ky. Acts ch. 40, sec. 10, provides that the Act, which amended this statute, may be cited as the Read to Succeed Act.

Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 127, which included an amendment to this section, KRS 158.794, provides that the Act shall be cited as the Read to Achieve Act of 2005.

158.795 Renumbered as KRS 151B.140.

[Renumbered as KRS 151B.140.]

158.796 Governor's Scholars Program -- Purpose -- Governor's Scholars Program, Inc. -- Board of directors -- Funding -- Reports.

(1) The Governor's Scholars Program is established to implement an enrichment program for academically gifted students to enhance the next generation of civic and economic leaders and create models of educational excellence. Governor's Scholars Program, Inc. is authorized to operate the Governor's Scholars Program. The Governor's Scholars Program shall be attached to the Office of the Secretary in the Education and Labor Cabinet for administrative purposes.

(2) (a) The Governor or the Governor's designee from the executive cabinet, the commissioner of education, and the president of the Council on Postsecondary Education shall serve as ex officio voting members of the board of directors of Governor's Scholars Program, Inc. In addition, the Governor shall appoint five (5) members of the board as provided in paragraph (b) of this subsection. Other board members of Governor's Scholars Program, Inc. shall be selected in the manner set forth in the articles of incorporation and bylaws of the corporation.

(b) After June 20, 2005, the Governor shall appoint board members as follows:

1. In 2005, the Governor shall appoint two (2) board members to serve three (3) year terms;

2. In 2006, the Governor shall appoint two (2) members to serve three

(3) year terms; and

3. In 2007, the Governor shall appoint one (1) member to serve a three

(3) year term. Members appointed by the Governor may be reappointed by the Governor to serve successive terms. In making gubernatorial appointments, the Governor shall consider recommendations and information provided by the nominating committee of the board and shall attempt to promote geographic balance on the board. One (1) of the gubernatorial appointees shall be designated by the board to serve on the committee that functions as the executive committee of Governor's Scholars Program, Inc. The Governor shall make appointments to fill gubernatorial vacancies as they occur. Each appointment after the initial appointment shall be for a three (3) year term unless the appointment is to fill the unexpired portion of a term.

(c) The board of directors shall have the authority to hire, fire, and manage all program personnel, including the executive director.

(3) The annual appropriation for the Governor's Scholars Program from the general fund shall be transmitted to Governor's Scholars Program, Inc. on July 1 of each year to facilitate the operation of the summer program. Funds shall be used only for the purposes of the Governor's Scholars Program and shall not lapse at the end of the fiscal year.

(4) (a) Governor's Scholars Program, Inc. shall follow standard accounting practices and shall submit the following financial reports to the Office of the Governor, the Finance and Administration Cabinet, and the Legislative Research Commission:

1. Quarterly reports of expenditures of state funds, submitted on or before the thirtieth day after the end of each quarter in the corporation's fiscal year;

2. Annual reports of receipts and expenditures for the Governor's Scholars Program, submitted on or before the sixtieth day after the end of the fiscal year of the corporation; and

3. The report of an annual financial audit conducted by an independent auditor, submitted on or before September 1 of each year.

(b) On or before March 1 of each year, Governor's Scholars Program, Inc. shall file with the Office of the Governor, the Finance and Administration Cabinet, and the Legislative Research Commission a report detailing the operations of the Governor's Scholars Program for the preceding year. The report shall include information concerning the summer program, student and faculty demographics, and program outcomes according to such measures of success as the board may adopt.

Effective:July 1, 2022

History: Amended 2022 Ky. Acts ch. 236, sec. 71, effective July 1, 2022. -- Amended 2012 Ky. Acts ch. 71, sec. 3, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 35, sec. 1, effective June 20, 2005. -- Created 1994 Ky. Acts ch. 209, sec. 6, effective July 15, 1994.

Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

158.797 Repealed, 1990.

[Repealed]

158.798 Program to encourage studies in mathematics, science, and related technologies -- Role of Kentucky Science and Technology Council, Inc.

(1) It is the intention of the General Assembly to generate a substantial increase in the number of mathematicians, scientists, and engineers in the Kentucky workforce in order to foster economic growth in the business sector and to provide high quality jobs for Kentuckians. A program shall be established to encourage studies in math, science, and related technologies, beginning with middle school and continuing through advanced college level work, leading to sustained job placements in Kentucky's technological and innovative businesses and industries. Principal activities for developing, coordinating, and implementing this program shall be conducted by the Kentucky Science and Technology Council, Inc., a private, nonprofit corporation comprised of leaders from education, government, and the private sector.

(2) The Kentucky Science and Technology Council, Inc., may solicit, accept, receive, invest, and expend funds from any public or private source for the purpose of implementing the provisions in this section.

(3) The Kentucky Science and Technology Council, Inc., shall coordinate, promote, and support activities designed to:

(a) Recognize Kentucky middle school students with a high interest, aptitude, or achievement in math, science, and technology related courses, events, and activities; and

(b) Develop additional learning experiences outside the traditional classroom courses, to enhance interest in math and science for middle and high school students, including summer and weekend institutes, skills, application in real world situations, business and industry internships and mentorships, and career awareness exploration.

(c) Solicit program support, cooperation, and funds from private businesses, industries, and government entities with an interest and need for technological innovation;

(d) Develop a college-level academic scholarship program for students in math, science, engineering, and other technology related disciplines, soliciting contributions from private businesses and industries;

(e) Develop internship and post-degree placement commitment plans for industries and those students participating in internships or receiving scholarships; and

(f) Submit an annual report to the Governor and the Legislative Research Commission concerning:

1. Activities related to achieving the program's objectives for the preceding year;

2. Factual information about Kentucky students' progress in math, science, and related technologies and business and industries' changing technological needs; and

3. Recommendations to improve the program in achieving its purposes.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 408, sec. 1, effective July 14, 1992.

158.799 Name for program created by KRS 158.798.

The Kentucky Science and Technology Council, Inc., shall, in cooperation with the Department of Education and the Council on Postsecondary Education, develop and conduct a competition among Kentucky middle and high school students for the purpose of choosing a Kentuckian of national or international acclaim as a scientist, mathematician, or engineer for whom the programs developed under KRS 158.798 shall be named.

Effective:July 1, 2022

History: Amended 2022 Ky. Acts ch. 236, sec. 72, effective July 1, 2022. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 63, effective May 30, 1997. -- Created 1992 Ky. Acts ch. 408, sec. 5, effective July 14, 1992.

158.7991 Legislative findings and declarations.

(1) (a) The General Assembly finds and declares that the integration of the arts and foreign languages into the school curriculum benefits students by increasing their motivation to learn; improves attendance; fosters multicultural understanding; and develops neurological cognitive potential through higher- order thinking skills, creativity, and problem solving. Further, the General Assembly finds and declares that arts and foreign language education can renew and invigorate faculty and can foster greater parent and community participation and support.

(b) The General Assembly notes that it created a system of public education that allows and assists all students to acquire certain capacities provided under KRS 158.645, including communication skills necessary to function in a complex and changing civilization and sufficient grounding in the arts to enable each student to appreciate his or her cultural and historical heritage.

(c) The General Assembly further notes that its goals for public schools under KRS 158.6451 include: to develop students' abilities to use basic communication and mathematics skills for purposes and situations they will encounter throughout their lives; to apply core concepts and principles from mathematics, the sciences, the arts, the humanities, and social studies; and to connect and integrate experiences and new knowledge from all subject matter fields with what they have previously learned and build on past learning experiences to acquire new information through various sources.

(2) It is the intent of the General Assembly in enacting KRS 158.7992 to address the findings and declarations set out in subsection (1) of this section.

Effective: June 24, 2003

History: Created 2003 Ky. Acts ch. 35, sec. 1, effective June 24, 2003.

158.7992 Program to promote instruction in the arts and foreign languages.

(1) The Department of Education shall establish a program that promotes the integration of the arts and foreign languages in the elementary school program. A school shall submit an application through the district superintendent, with the agreement of the school council or of the principal, if a council does not exist. The department shall award a grant to at least one (1) school per region based on the quality of the application in meeting the criteria established in subsection (2) of this section. Special consideration shall be given, but not limited to, a school that does not have an existing comprehensive arts and foreign language program.

(2) School programs under subsection (1) of this section shall include, but not be limited to, the following components:

(a) Instruction in each of the four (4) disciplines of dance, drama, music, and the visual arts that includes the core content skills and knowledge taught in a sequential manner and includes all students in the elementary school;

(b) Intense instruction in at least one (1) foreign language that includes skills and knowledge related to communicative language and culture and includes all students in the elementary school;

(c) Integration of arts and foreign language instruction across the curriculum;

(d) Coordination of the programs by teachers with appropriate arts and foreign language certification;

(e) Professional development for teachers and administrators designed to facilitate the effective teaching of arts and foreign languages;

(f) An effective monitoring and evaluation system that includes student performance assessment;

(g) Partnerships with parents, local cultural agencies, individual artists, and native speakers of the foreign language who work in collaboration with classroom teachers;

(h) Support from the local school board, the school council, and teachers; and

(i) Student attendance at one (1) or more live performance or visual art exhibition each school year.

(3) The Department of Education shall report annually by July 1 of each year on the implementation of the program to the Governor and the Legislative Research Commission.

Effective: June 24, 2003

History: Created 2003 Ky. Acts ch. 35, sec. 2, effective June 24, 2003.

158.800 Repealed, 1990.

[Repealed]

158.801 Definitions for KRS 158.801 and 158.803.

As used in this section and KRS 158.803, unless the context otherwise requires:

(1) "Program" means the Kentucky Early Mathematics Testing Program; and

(2) "Participating colleges or universities" means all public postsecondary education institutions in Kentucky and any private college or university in Kentucky that chooses to participate in the Kentucky Early Mathematics Testing Program.

Effective: July 14, 2000

History: Created 2000 Ky. Acts ch. 258, sec. 1, effective July 14, 2000.

158.803 Early mathematics testing program -- Purposes -- Development and requirements of program -- Annual reports.

(1) The Kentucky Early Mathematics Testing Program is created to lower the number of high school graduates in Kentucky who require remediation in mathematics upon enrollment in postsecondary education institutions, by providing information to primarily high school sophomores and juniors statewide regarding their level of mathematics knowledge in relation to standards required for community and technical colleges and university level mathematics courses early enough for students to address deficiencies while still in high school.

(2) The testing program shall be a computer website-based program that incorporates a variety of diagnostic mathematics tests to identify knowledge and skills needed for postsecondary education courses.

(3) The testing program shall be developed and conducted by a public university. The Council on Postsecondary Education, with the advice of the Department of Education, shall develop a process to solicit, review, and select a proposal for the development and implementation of the computer website-based testing program. The council shall approve the location of the program at a public university no later than September 1, 2000. The university shall be the fiscal agent for the testing program and shall receive the funds appropriated by the General Assembly.

(4) The program shall be available to all interested Kentucky public and private high school students in grades ten (10) and eleven (11). Student participation in the program shall be voluntary, and program test scores shall not be:

(a) Placed on a student's high school transcript; or

(b) Used by postsecondary education institutions in the admissions process.

(5) The computer website testing program shall be available to all Kentuckians for evaluation of an individual's mathematics knowledge and skills.

(6) The program shall encourage the active participation of all public and private high schools in Kentucky.

(7) The computer website testing program shall:

(a) Develop or adopt appropriate tests to determine the level of mathematics knowledge of high school students in relation to the standards of placement tests given at the community and technical colleges and undergraduate public universities. In the development or adoption of the tests, consideration shall be given to the program of studies and the minimum requirements for high school graduation established in KRS 156.160 and the alignment of these standards with postsecondary course standards;

(b) Develop a structure to permit each participating student the opportunity to take the computer-based test at school in the presence of school personnel or at the student's home in the presence of his or her parents or guardian;

(c) Score the completed tests and provide the test scores and diagnostic information on a student's knowledge and skills electronically to the student and the high school upon completion of the test in the form of electronic mail or printable files or screens.

(d) Provide the following information for up to three (3) participating postsecondary education institutions specified by the student as a possible college choice:

1. The student's test score;

2. A list of mathematics courses required for the student's intended major at a postsecondary education institution;

3. A list of any remedial courses the student might be required to take based on the student's current level of mathematics knowledge as demonstrated on the test;

4. The estimated cost of the remedial courses the student might be required to take; and

5. The high school courses and the specific mathematical concepts or functions a student should consider studying in order to address any deficiencies;

(e) Encourage the chair of the mathematics department or the academic dean at each of the participating postsecondary education institutions specified by the student as a possible college choice to send a personalized letter to the student that:

1. Encourages the student to take additional high school mathematics courses to address deficiencies in mathematics knowledge; or

2. Congratulates the student who does well on the test for his or her achievement and encourages continued study in mathematics; and

(f) Develop and implement a strategy to raise awareness and encourage participation in the program, targeting high school students, parents, high school faculty and administrators, mathematics departments or faculty at postsecondary education institutions, and the general public.

(8) The Kentucky Department of Education shall provide assistance as necessary to the Kentucky Early Mathematics Testing Program to implement the provisions of this section and KRS 158.801.

(9) The public university that conducts the testing program shall submit an annual report to the Kentucky Board of Education and the Council on Postsecondary Education regarding its activities, and the effects of the program on levels of remediation required by participating students.

Effective: July 14, 2000

History: Created 2000 Ky. Acts ch. 258, sec. 2, effective July 14, 2000.

158.805 Commonwealth school improvement fund -- Purposes -- Criteria for grants to schools needing assistance.

(1) There is hereby created the Commonwealth school improvement fund to assist local schools in pursuing new and innovative strategies to meet the educational needs of the school's students and raise a school's performance level. The Kentucky Board of Education shall utilize the Commonwealth school improvement fund to provide grants to schools for the following purposes:

(a) To support teachers and administrators in the development of sound and innovative approaches to improve instruction or management, including better use of formative and summative, performance-based assessments;

(b) To assist in replicating successful programs developed in other districts including those calculated to reduce achievement gaps as defined in KRS 158.649;

(c) To encourage cooperative instructional or management approaches to specific school educational problems; and

(d) To encourage teachers and administrators to conduct experimental programs to test concepts and applications being advanced as solutions to specific educational problems.

(2) The Kentucky Board of Education shall develop criteria for awards of grants from the Commonwealth school improvement fund to schools identified by the board as needing assistance under KRS 158.6455.

(3) The Kentucky Board of Education shall have the sole authority to approve grants from the fund.

(4) The Kentucky Board of Education may establish priorities for the use of the funds and, through the Department of Education, shall provide assistance to schools in preparing their grant proposals. The board shall require that no funds awarded under the Commonwealth school improvement fund are used to supplant funds from any other source. Requests may include funding for personnel costs, except funding for personnel costs shall not continue after school improvement funds are no longer provided. Requests for necessary equipment may be approved at the discretion of the state board, however the cost of equipment purchased by any grantee shall not exceed twenty percent (20%) of the total amount of money awarded for each proposal and shall be matched by local funds on a dollar for dollar basis.

(5) The Kentucky Board of Education shall establish maximums for specific grant awards. All fund recipients shall provide the board with an accounting of all money received from the fund and shall report the results and conclusions of any funded projects to the Kentucky Board of Education. All fund recipients shall provide the board with adequate documentation of all projects to enable replication of successful projects in other areas of the state.

Effective: April 10, 2017

History: Amended 2017 Ky. Acts ch. 156, sec. 9, effective April 10, 2017. -- Amended 2009 Ky. Acts ch. 101, sec. 11, effective March 25, 2009. -- Amended 2002 Ky. Acts ch. 302, sec. 3, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 598, sec. 13, effective April 14, 1998. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. I, sec. 7, effective July 13, 1990. -- Created 1985 (1st Extra. Sess.) Ky. Acts ch. 10, sec. 10, effective October 18, 1985. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, C, 3, (9) at 2075.

158.806 Read to succeed fund -- Teacher professional learning academies -- Literacy coaching program.

(1) The read to succeed fund is hereby created to train and support teachers and library media specialists to improve the reading skills of students in kindergarten through grade three (3) as set forth in subsection (2) of this section and in KRS 158.305(5). The fund shall consist of all moneys received from state appropriations, gifts, grants, and federal funds for this purpose. The Department of Education shall administer the fund.

(2) The Department of Education shall implement teacher professional learning academies related to evidence-based practices in instruction, instructional materials, and assessment in reading using moneys appropriated or otherwise received by the read to succeed fund.

(3) The department shall create a literacy coaching program using moneys appropriated or otherwise received by the read to succeed fund. The program shall:

(a) Use data coaches to improve reading and literacy;

(b) Determine the effectiveness of intensive data-focused professional development; and

(c) Provide expert support in literacy and early reading instruction and intervention.

(4) Notwithstanding the provisions of KRS 45.229, unexpended funds in the read to succeed fund in the 2022-2023 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.

(5) Any interest earned on moneys in the read to succeed fund shall become part of the fund and shall not lapse.

Effective:March 29, 2022

History: Created 2022 Ky. Acts ch. 40, sec. 8, effective March 29, 2022.

Legislative Research Commission Note (3/29/2022). 2022 Ky. Acts ch. 40, sec. 10, provides that the Act, which created this statute, may be cited as the Read to Succeed Act.

158.807 Data research initiative -- Purposes -- Implementation.

(1) There is hereby created the Kentucky data research initiative, a partnership between elementary and secondary schools and postsecondary education research institutions to maximize research capabilities through computer resources. The initiative shall be jointly facilitated by the Kentucky Department of Education and the Council on Postsecondary Education.

(2) The purposes of the data research initiative are to expand the availability of computing resources not available at the research institutions at a relatively low cost, to do education outreach to students and teachers in Kentucky's K-12 system, to expand the research institutions' presence throughout the state, and to maximize the use of computer assets that have already been purchased in K-12 systems but are often underused.

(3) By December 1, 2005, the commissioner of the Department of Education and the president of the Council on Postsecondary Education shall convene appropriate postsecondary education and elementary and secondary educators and administrators to determine how this initiative might be developed, funded, and utilized to enhance research capabilities in the sciences and health-related fields or other appropriate fields of research.

Effective: March 20, 2005

History: Created 2005 Ky. Acts ch. 173, Pt. XX, sec. 1, effective March 20, 2005.

158.808 Energy technology career track program.

(1) Subject to the availability of funds, the Department of Education shall establish an energy technology career track program. The purpose of the program is to provide grants to school districts to develop and implement an energy technology engineering career track across middle and high schools within the district. Program components may include but not be limited to career exploration and counseling, strategies to increase the rigor of instruction in pertinent core content areas, strategies to link core content to an energy technology career focus, professional development for teachers, and cooperative learning opportunities with industry and postsecondary institutions.

(2) The Kentucky Board of Education shall promulgate administrative regulations for the administration of the energy technology career track program. The Department of Education shall administer the program, approve grant recipients, and distribute the funds to local school districts.

Effective: June 25, 2013

History: Amended 2013 Ky. Acts ch. 59, sec. 41, effective June 25, 2013. -- Repealed and reenacted 2010 Ky. Acts ch. 5, sec. 17, effective February 25, 2010. -- Amended 2008 Ky. Acts ch. 139, sec. 17, effective July 15, 2008. -- Created 2007 (2d Extra. Sess.) Ky. Acts ch. 1, sec. 54, effective August 30, 2007.

Legislative Research Commission Note (2/25/2010). 2010 Ky. Acts ch. 5, sec. 28, provides that the repeal and reenactment of this section in that Act "shall apply retroactively to July 15, 2008."

158.809 Virtual computer science career academy -- Development and requirements -- Annual reports.

(1) It is the intention of the General Assembly to increase the Commonwealth's economic competitiveness in the technology and computing employment sector by significantly increasing the capacity to educate and prepare high school students for the technology workforce. A virtual computer science career academy shall be established to expand access to accelerated, early college career pathways for Kentucky high school students and prepare them for careers in computing, particularly in the field of data science. Principal activities for developing, coordinating, and implementing the academy shall be conducted by WeLeadCS, a private, nonprofit corporation composed of leaders from education, government, and technology and computing sector employers.

(2) WeLeadCS may solicit, accept, receive, invest, and expend funds from any public or private source for the purpose of implementing the provisions in this section.

(3) WeLeadCS shall:

(a) Establish a program in which Kentucky teachers provide virtual, synchronous instruction for dual college credit computing courses to accelerate students' completion of computer science degrees and development of the academic knowledge, technical skills, and employability skills necessary for careers in high-level computing occupations;

(b) Collaborate with the Kentucky Center for Statistics to define workforce needs and opportunities in the technology and computing sector in each local workforce development area;

(c) Develop the nation's first sequential high school career pathway preparing students for careers in data science. The career pathway shall include opportunities for students to earn industry certifications prioritized by employers and college credit for courses that will culminate in accelerated postsecondary degree completion;

(d) Partner with employers in the technology and computing sector to provide a work-based learning program to connect student learning to real-world practices, expose students to a variety of career options with the technology and computing sector, ensure students develop the tools necessary to compete in the workforce, and provide opportunities for job shadowing, internships, and apprenticeships;

(e) Collaborate with employers, K-12 and postsecondary school educators, and state education leaders to develop local and statewide initiatives to raise awareness of career opportunities in the technology and computing sector, particularly in data science;

(f) Advise students in the virtual academy about Kentucky postsecondary degree opportunities in computer science in demand by employers in the technology and computing sector, transferring college credits earned through the academy to expedite and reduce costs of college degree completion, and aligning personal skills and academic abilities to postsecondary degree requirements and employers' expectations;

(g) Recruit and train Kentucky certified teachers to deliver high-quality, synchronous virtual instruction and support students in a virtual learning environment;

(h) Coordinate with the Kentucky Department of Education, local school districts, and postsecondary institutions to ensure compliance with statutes and regulations governing student privacy, grading, articulation agreements, student transcripts, and other administrative details; and

(i) Submit an annual report to the Kentucky Board of Education and the Legislative Research Commission on the academy, including but not limited to student enrollment, course completion, college credit hours earned, industry certifications earned, and student matriculation to postsecondary institutions.

Effective: July 14, 2022

History: Created 2022 Ky. Acts ch. 227, sec. 1, effective July 14, 2022.

Secondary Career and Technical Education Secondary Career and Technical Education

158.810 Definitions for KRS 158.810 to 158.816.

For purposes of KRS 158.810 to 158.816:

(1) "Advanced manufacturing" means manufacturing that uses technology and knowledge-based processes that leverage human, intellectual, and financial capital to create globally competitive products;

(2) "At-risk" means a student who is academically unprepared, has inadequate academic preparation for the next educational level, or who is in danger of dropping out of school;

(3) "Career academy" means a small learning community within a larger high school that:

(a) Consists of a heterogeneous group of students taking classes together for at least two (2) years who are taught by a team of teachers from different disciplines;

(b) 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

(c) Provides opportunities through partnerships with employers, colleges, and the community for students to engage in internships and work-based learning with adult mentors to motivate students to achieve;

(4) "Career and technical education" means a program of study that leads to the development of academic and specialized occupational skills in career fields;

(5) "Career guidance coach" means a counselor who is assigned one hundred percent (100%) of his or her time to:

(a) The development of students', teachers', and parents' understanding of broad career themes and opportunities through career pathways;

(b) Academic advising and career counseling;

(c) Assisting students in the development of individual learning plans; and

(d) Providing assistance to other teachers;

(6) "Career pathway" means a coherent, articulated sequence of rigorous academic and career-related courses, commencing in ninth grade and leading to an associate degree, an industry-recognized certificate or license, or a baccalaureate or higher degree. A career pathway is developed, implemented, and maintained in partnership among secondary and postsecondary education institutions, businesses, and employers. Career pathways are available to all students, including adult learners, and are designed to lead to rewarding careers;

(7) "Career pathway program of study" means a coherent, articulated sequence of rigorous academic and career and technical education courses, including dual credit opportunities, that prepares secondary students for postsecondary study leading to postsecondary degrees, industry certifications, or licensure;

(8) "Evidence-based instructional model" or "evidence-based model" means the application of valid and relevant knowledge to education activities and programs, which are based on the findings from systematic and empirical methods including observations, experiments, and rigorous data analyses;

(9) "Industry certification" means certification that is awarded to a student who has passed a standardized, valid, industry-based examination that measures the knowledge and skills recognized nationally by employers or by an industry group or association within Kentucky as representing the level of proficiency that is needed to enter a specific field;

(10) "Technical literacy" means a student's ability to read and comprehend the language of a field of study, understand the major technical concepts of that field, and apply the appropriate mathematics concepts to typical problems encountered in the workplace;

(11) "Secondary area technology center" or "secondary area center" means a school facility dedicated to the primary purpose of offering five (5) or more technical preparation programs that lead to skill development focused on specific occupational areas. An area center may be called a "magnet technology center" or "career center" or may be assigned another working title by the parent agency. An area center may be either state or locally operated; and

(12) "Career and technical education department" means a portion of a school facility that has five (5) or more technical preparation programs that lead to skill development focused on specific occupational areas.

Effective: April 19, 2012

History: Amended 2012 Ky. Acts ch. 150, sec. 2, effective April 19, 2012. -- Created 2001 Ky. Acts ch. 123, sec. 1, effective June 21, 2001.

Legislative Research Commission Note (4/19/2012). 2012 Ky. Acts ch. 150, sec. 10, provides that the Act, which included an amendment to this statute, shall be known as the "Career Pathways Act of 2012."

158.812 Legislative intent, findings, and declarations.

(1) It is the intent of the General Assembly to provide rigorous academic and career and technical education programs that are relevant for all students and that encourage at- risk students to graduate from high school prepared to enter postsecondary education institutions or the workforce with needed skills.

(2) The purposes of elementary and secondary education programs of career and technical education are to:

(a) Provide students opportunities to understand the relevance of and master academic skills in mathematics, science, English, reading, and communications as well as technical literacy in broad-based career fields;

(b) Provide students a variety of opportunities to master the usage of technology;

(c) Prepare individuals with specialized, transferable academic skills and technical skills for gainful employment in broad-based career fields; and

(d) Assist individuals in making successful transitions from school to work, to postsecondary education, to the military, or from one (1) career to another.

(3) The General Assembly acknowledges that:

(a) Rigorous, relevant, and high-quality career and technical education offers students an opportunity to develop skills in mathematics, science, English, reading, communication, problem-solving, and technology, and in career and technical areas that are essential to meet the goals for Kentucky education as described in KRS 158.6451 and that help students achieve the capacities required of all students as defined in KRS 158.645;

(b) Students need access to career pathway programs that meet high standards, connect technical skills with core academic requirements for high school students, and align with postsecondary education requirements and business and industry needs;

(c) Students can accelerate their overall scholastic achievement when given an opportunity to learn in an integrated school- and work-based environment;

(d) Students are less likely to drop out of school when they are making academic progress and see relevance in the program of study to their future potential for success; and

(e) The General Assembly has a responsibility to provide the resources that recognize the increased costs for offering high-quality, relevant career and technical education programs.

Effective: April 19, 2012

History: Amended 2012 Ky. Acts ch. 150, sec. 1, effective April 19, 2012. -- Created 2001 Ky. Acts ch. 123, sec. 2, effective June 21, 2001.

Legislative Research Commission Note (4/19/2012). 2012 Ky. Acts ch. 150, sec. 10, provides that the Act, which included an amendment to this statute, shall be known as the "Career Pathways Act of 2012."

158.814 Comprehensive plan on secondary career and technical education programs -- Consultation with Career and Technical Education Advisory Committee.

(1) In order to ensure that high-quality, relevant secondary career and technical programs are available to students in all school districts that enable them to gain the academic and technical skills to meet high school graduation requirements and for successful transition to postsecondary education, work, or the military and to support present-day and future needs of Kentucky employers, the Department of Education shall:

(a) Review and revise as needed the equipment and facilities standards for each career and technical education program identified and described in the career and technical education supplement to the Kentucky program of studies and published by the Department of Education; and

(b) Determine the statewide unmet needs for career and technical education capital projects, including renovations and expansions of existing facilities and the construction of new technology centers, through a needs assessment process. This process shall be tied to specific criteria in determining if the current programs or career pathways offered in locally and state-operated facilities are appropriate for the students in the school districts served as well as for determining if new programs are needed. The statewide assessment of capital needs for career and technical education shall be incorporated into the local school district facility plan as required by KRS 157.420. The Kentucky Board of Education shall incorporate criteria within the administrative regulations relating to school facility plan requirements to prioritize need for career and technical education programming, regardless of whether the programs are locally or state-operated.

(2) The Career and Technical Education Advisory Committee established in KRS 156.806 shall be consulted in carrying out the requirements of this section.

Effective: June 25, 2013

History: Amended 2013 Ky. Acts ch. 59, sec. 42, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 150, sec. 6, effective April 19, 2012. -- Amended 2006 Ky. Acts ch. 211, sec. 82, effective July 12, 2006. -- Created 2001 Ky. Acts ch. 123, sec. 3, effective June 21, 2001.

Legislative Research Commission Note (4/19/2012). 2012 Ky. Acts ch. 150, sec. 10, provides that the Act, which included an amendment to this statute, shall be known as the "Career Pathways Act of 2012."

158.816 Annual statewide analysis and report of academic achievement of technical education students -- Assistance plan -- Occupation skill standards and assessments.

(1) The Department of Education, with involvement of representatives from the local school districts and teacher preparation institutions, shall complete an annual statewide analysis and report of academic achievement of technical education students who have completed or are enrolled in a sequence of a technical program of at least three (3) high school credits.

(2) (a) The analysis shall include the previous year's results from the state assessment program described in KRS 158.6453. The data shall be disaggregated for all high school students by career cluster areas of agriculture, business and marketing, human services, health services, transportation, construction, communication, and manufacturing and by special populations. Where available, disaggregated data from other national assessments shall also be used.

(b) In addition to assessment scores required under paragraph (a) of this subsection, the analysis shall include:

1. The number of students who took state or national assessments of skill standards and qualified for skills certificates;

2. The number of senior concentrators as defined in the Carl D. Perkins Vocational and Technical Education Act, Pub. L. No. 105-332, who have attained a high school diploma or equivalent;

3. The number of students who made successful transitions to work, military, or postsecondary education. A successful transition to postsecondary education means a student enters directly into advanced training, a certificate program, or a degree program without having to take remedial academic courses;

4. The number of students employed in nontraditional careers; and

5. Other factors deemed appropriate by the state education agencies or required under federal law.

(3) (a) The Department of Education shall coordinate the development of a statewide technical assistance plan to aid providers of programs in identifying areas for improvement for those schools that do not meet their school performance goal and for those schools where technical students as a group do not score equal to or better than the school average in each of the academic areas. The plan shall address methodologies for further analysis at each school including but not limited to:

1. The academic course-taking patterns of the technical students;

2. The rigor and intensity of the technical programs and expectations for student performance in reading, math, science, and writing and other academic skills as well as in technical skill development;

3. The level of communication and collaboration between teachers in technical programs and academic programs, planning, and opportunity for analyzing student achievement, particularly between faculty in the comprehensive high schools with the faculty in state-operated or locally operated secondary area centers and vocational departments;

4. The faculties' understanding of Kentucky's program of studies, academic expectations, and core content for assessment;

5. The knowledge and understanding of academic teachers and technical teachers in integrating mutually supportive curricula content;

6. The level of curricula alignment and articulation in grades eight (8) to sixteen (16);

7. The availability of extra help for students in meeting higher standards;

8. The availability and adequacy of school career and guidance counseling;

9. The availability and adequacy of work-based learning;

10. The availability and adequacy of distance learning and educational technology;

11. The adequacy of involvement of business and industry in curricula, work-based learning, and program development; and

12. The adequacy of teachers' preparation to prepare them for teaching both academic and technical skills to all students that are necessary for successful transition to postsecondary education, work, or the military.

(b) 1. The department and the office, in cooperation with the Education Professional Standards Board, teacher preparation programs, postsecondary education institutions, and other appropriate partners, shall ensure that academic core content is embedded or integrated within the performance requirements for teacher education students.

2. Beginning with the 2013-2014 school year and thereafter, the Education Professional Standards Board shall, as a condition of program approval, require career and technical educator preparation programs to include instructional techniques for teacher education students to embed reading, mathematics, and science knowledge and skills into all career and technical education instruction at the secondary level.

(c) The department, in cooperation with the Kentucky Community and Technical College System, shall encourage postsecondary education and business and industry to provide professional development and training opportunities to engage technical faculty in continuous improvement activities to enhance their instructional skills.

(d) The department shall continue efforts with business and industry to develop occupation skill standards and assessments. All efforts shall be made with the involvement of business, industry, and labor. Skill standards and assessments, where available, shall be used as the focus of the curricula.

(4) The department shall consult with the Education Professional Standards Board in carrying out the requirements of this section as they relate to teacher preparation.

Effective: June 25, 2013

History: Amended 2013 Ky. Acts ch. 59, sec. 43, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 150, sec. 7, effective April 19, 2012. -- Amended 2009 Ky. Acts ch. 101, sec. 9, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 83, effective July 12, 2006. -- Created 2001 Ky. Acts ch. 123, sec. 4, effective June 21, 2001.

Legislative Research Commission Note (4/19/2012). 2012 Ky. Acts ch. 150, sec. 10, provides that the Act, which included an amendment to this statute, shall be known as the "Career Pathways Act of 2012."

158.818 Evidence-based instructional models to address needs of at-risk students -- Focus -- Components -- Training for high school teachers -- Incorporation into existing programs.

(1) If funds are appropriated for the purposes of funding evidence-based instructional models or if internal state or federal funds are available, the Kentucky Department of Education, in collaboration with the Kentucky Community and Technical College System, the Education Professional Standards Board, and other appropriate educational entities, shall recommend evidence-based models for addressing the needs of at-risk students.

(2) The evidence-based models shall include a variety of programs and curricula proven to be effective for at-risk students, and shall focus on:

(a) Identification of students at risk for inadequate academic preparation for the next grade level or at risk for dropping out of school;

(b) Reduction in the number of students retained in grade nine (9) and reduction of high school failure rates;

(c) Improvement of student performance through grade-level standards in reading and mathematics with an emphasis on grade nine (9);

(d) Assistance to students and their parents or legal guardians in identifying students' career and educational goals, developing individual learning plans, and the appropriate programs of study to achieve these goals; and

(e) Assistance to adult students in obtaining a high school diploma or a recognized postsecondary education credential that has value in the workplace.

(3) The evidence-based models shall include the following components designed to facilitate more students having a successful start in high school and successfully completing grade nine (9) requirements:

(a) The use of flexible scheduling as appropriate to increase students' time in the study of core language arts and mathematics;

(b) The assignment of the most effective teachers as leaders for instructional teams in grade nine (9) to improve instructional planning, delivery of instruction, and the use of reteaching strategies;

(c) The assignment of mentors to teach students study skills and habits necessary to become independent learners and, when possible, the use of career guidance coaches to advise students; and

(d) Career courses, including career exploration, in grade nine (9) to incorporate project-based instruction that requires the application of grade nine (9) level reading, mathematics, and science skills and that uses a wide variety of technology.

(4) (a) If state or federal funds are available, all career and technical education teachers who teach high school students shall receive training in how to embed reading, mathematics, and science knowledge and skills in specific career and technical education courses.

(b) Training required under paragraph (a) of this subsection may be provided by local school districts or postsecondary education institutions, including community and technical colleges, and outside providers that have a record of working effectively with schools in redesigning the ninth grade.

(5) Career and technical education teachers shall provide evidence through the courses they teach that the students' academic achievement is increased as defined by administrative regulations promulgated by the Kentucky Board of Education and developed in collaboration with the Kentucky Community and Technical College System.

(6) The evidence-based models shall be incorporated into career and technical education programs, career academies, and career pathway programs of study developed under KRS 157.072.

Effective: June 25, 2013

History: Amended 2013 Ky. Acts ch. 59, sec. 44, effective June 25, 2013. -- Created 2012 Ky. Acts ch. 150, sec. 4, 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."

Asthma, Diabetes, and Seizure Disorder Medications Asthma, Diabetes, and Seizure Disorder Medications

158.830 Legislative findings -- Construction of KRS 158.830 to 158.836.

The General Assembly of the Commonwealth of Kentucky finds that:

(1) Asthma is the seventh-most prevalent chronic health condition in the United States and is the leading serious chronic illness of children;

(2) Asthma is the third-ranking cause of hospitalization among children under age fifteen (15) and accounts for almost one (1) in six (6) of all pediatric emergency room visits;

(3) Approximately two hundred fifty thousand (250,000) Kentuckians suffer from asthma, including over sixty thousand (60,000) children;

(4) Nationally more than five thousand four hundred (5,400) individuals die from asthma each year;

(5) Asthma is the number-one cause of school absences attributed to chronic conditions;

(6) Asthma is manageable with treatment and medications;

(7) Physicians and other health care practitioners instruct children with asthma in the proper use of asthma medications; and

(8) KRS 158.830 to 158.836 shall be construed to provide unobstructed access to asthma medications for elementary and secondary school students with asthma.

Effective: July 15, 2002

History: Created 2002 Ky. Acts ch. 50, sec. 1, effective July 15, 2002.

158.832 Definitions for KRS 158.830 to 158.838.

As used in KRS 158.830 to 158.838:

(1) "Anaphylaxis" means an allergic reaction resulting from sensitization following prior contact with an antigen which can be a life-threatening emergency. Anaphylaxis may be triggered by, among other agents, foods, drugs, injections, insect stings, and physical activity;

(2) "Bronchodilator rescue inhaler" means medication used to relieve asthma symptoms or respiratory distress along with devices and device components needed to appropriately administer the medication, including but not limited to disposable spacers;

(3) "Documented medical condition" means a life-threatening allergy, asthma, risk of anaphylaxis, risk of respiratory distress, diabetes, hypoglycemia, adrenal crisis, or other life-threatening medical condition as diagnosed by a health care practitioner;

(4) "Medications" means all medicines individually prescribed by a health care practitioner for the student that pertain to his or her documented medical condition, including epinephrine, bronchodilator rescue inhalers, nebulizers, glucagon, Solu- Cortef, or other medication;

(5) "Health care practitioner" means a physician or other health care provider who has prescriptive authority;

(6) "Self-administration" means the student's use of his or her prescribed medications, pursuant to prescription or written direction from the health care practitioner; and

(7) "Seizure action plan" means a written, individualized health plan designed to acknowledge and prepare for the health care needs of a student diagnosed with a seizure disorder that is prepared by the student's treating physician.

Effective: April 10, 2026

History: Amended 2026 Ky. Acts ch. 75, sec. 7, effective April 10, 2026. -- Amended 2021 Ky. Acts ch. 112, sec. 1, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 153, sec. 1, effective July 14, 2018. -- Amended 2004 Ky. Acts ch. 132, sec. 5, effective April 21, 2004. -- Created 2002 Ky. Acts ch. 50, sec. 2, effective July 15, 2002.

Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 153, sec. 5, provides that 2018 Ky. Acts ch. 153 may be cited as the "Lyndsey Crunk Act." This statute was amended in Section 1 of that Act.

158.834 Self-administration of medications by students with documented medical conditions -- Authorization -- Written statement -- Acknowledgment of liability limitation -- Duration of permission.

(1) The board of each local public school district and the governing body of each private and parochial school or school district shall permit the self-administration of medications by a student who has a documented medical condition as defined in KRS 158.832 if the student's parent or guardian:

(a) Provides written authorization for self-administration to the school; and

(b) Provides a written statement from the student's health care practitioner that the student has a documented medical condition and has been instructed in self- administration of the student's prescribed medications to treat the documented medical condition. The statement shall also contain the following information:

1. The name and purpose of the medications;

2. The prescribed dosage;

3. The time or times the medications are to be regularly administered and under what additional special circumstances the medications are to be administered; and

4. The length of time for which the medications are prescribed.

(2) The statements required in subsection (1) of this section shall be kept on file in the office of the school nurse or school administrator.

(3) The school district or the governing body of each private and parochial school or school district shall inform the parent or guardian of the student that the school and its employees and agents shall incur no liability as a result of any injury sustained by the student from the self-administration of his or her medications to treat his or her documented medical condition. The parent or guardian of the student shall sign a statement acknowledging that the school shall incur no liability and the parent or guardian shall indemnify and hold harmless the school and its employees against any claims relating to the self-administration of medications used to treat his or her documented medical condition. Nothing in this subsection shall be construed to relieve liability of the school or its employees for negligence.

(4) The permission for self-administration of medications shall be effective for the school year in which it is granted and shall be renewed each following school year upon fulfilling the requirements of subsections (1) to (3) of this section.

Effective: April 10, 2026

History: Amended 2026 Ky. Acts ch. 75, sec. 8, effective April 10, 2026. -- Amended 2004 Ky. Acts ch. 132, sec. 6, effective April 21, 2004. -- Created 2002 Ky. Acts ch. 50, sec. 3, effective July 15, 2002.

158.836 Possession and use of medications to treat documented medical conditions -- Schools electing to keep epinephrine, injectable epinephrine devices, bronchodilator rescue inhalers, and undesignated glucagon on premises -- Policies and protocols -- Limitation of liability.

(1) Upon fulfilling the requirements of KRS 158.834, a student with a documented medical condition as defined in KRS 158.832 may possess and use medications to treat the documented medical condition when at school, at a school-sponsored activity, under the supervision of school personnel, or before and after normal school activities while on school properties including school-sponsored child care or after-school programs.

(2) A student who has a documented medical condition shall have:

(a) Epinephrine, a bronchodilator rescue inhaler, a nebulizer, glucagon, Solu- Cortef, or other medication as prescribed by a health care practitioner and provided by his or her parent or guardian in his or her possession or in the possession of the school nurse, school administrator, or his or her designee in all school environments that the student may be in, including the classroom, the cafeteria, the school bus, and on field trips; and

(b) A written individual health care plan in place for the prevention and proactive management for the student in all school environments that the student may be in, including the classroom, the cafeteria, the school bus, and on field trips. The individual health care plan required under this paragraph may be incorporated in the student's individualized education program required under Pub. L. No. 94-142 or the student's 504 plan required under Pub. L. No. 93- 112.

(3) (a) Each school is encouraged to keep epinephrine in a minimum of two (2) locations in the school, including but not limited to the school office and the school cafeteria, so that epinephrine may be administered to any student believed to be having a life-threatening allergic or anaphylactic reaction. Schools electing to keep epinephrine shall maintain it in a secure, accessible, but unlocked location. The provisions of this paragraph shall apply to the extent that the epinephrine is donated to a school or a school has sufficient funding to purchase the epinephrine.

(b) Each school is encouraged to keep a bronchodilator rescue inhaler or nebulizer in a minimum of two (2) locations in the school, including but not limited to the school office and athletic office, so that bronchodilator rescue inhalers or nebulizers may be administered to any student believed to be having asthma symptoms or respiratory distress. Schools electing to keep bronchodilator rescue inhalers or nebulizers shall maintain them in a secure, accessible, but unlocked location. The provisions of this paragraph shall apply to the extent that the bronchodilator rescue inhalers or nebulizers are donated to a school or a school has sufficient funding to purchase the bronchodilator rescue inhalers or nebulizers.

(c) Each school is encouraged to stock undesignated glucagon as permitted under KRS 158.837 in a minimum of two (2) locations in the school, including but not limited to the school office and athletic office, so that undesignated glucagon may be administered to a student in accordance with the student's diabetes medical management plan as defined in KRS 158.837, Section 504 plan pursuant to the Rehabilitation Act of 1973, 29 U.S.C. sec. 794, individualized education program, or other written accommodations plan to administer glucagon to the student. Schools electing to stock undesignated glucagon shall maintain it in a secure, accessible, unlocked location and in accordance with KRS 158.837. This paragraph shall apply to the extent that the undesignated glucagon is donated to a school or a school has sufficient funding to purchase and stock undesignated glucagon.

(d) Each school electing to keep epinephrine or bronchodilator rescue inhalers, nebulizers, or undesignated glucagon, shall implement policies and procedures for managing a student's life-threatening allergic reaction, anaphylactic reaction, asthma, or hypoglycemia, developed and approved by the local school board.

(e) The Kentucky Department for Public Health shall develop clinical protocols in the school health section of the Core Clinical Service Guide manual that is maintained in the county or district public health department to address epinephrine, bronchodilator rescue inhalers, nebulizers, and glucagon kept by schools under this subsection and to advise on clinical administration of the epinephrine, bronchodilator rescue inhalers, nebulizers, and glucagon. The protocols shall be developed in collaboration with local health departments or local clinical providers and local schools and local school districts.

(4) Any school employee authorized under KRS 156.502 to administer medication shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from the administration or the assistance in the administration of epinephrine, a bronchodilator rescue inhaler, nebulizer, glucagon, Solu-Cortef, or other prescribed medication to any student believed in good faith to be having a life-threatening allergic or anaphylactic reaction, asthma symptoms or respiratory distress, hypoglycemia, or adrenal crisis.

Effective: April 10, 2026

History: Amended 2026 Ky. Acts ch. 75, sec. 9, effective April 10, 2026. -- Amended 2021 Ky. Acts ch. 112, sec. 2, effective June 29, 2021. -- Amended 2013 Ky. Acts ch. 52, sec. 1, effective June 25, 2013. -- Amended 2004 Ky. Acts ch. 132, sec. 7, effective April 21, 2004. -- Created 2002 Ky. Acts ch. 50, sec. 4, effective July 15, 2002.

158.837 Use of undesignated glucagon by practitioner, pharmacist, or trained individual -- Storage -- Contacting parents, guardians, and emergency services -- Good Samaritan exception -- Immunity from civil liability.

(1) As used in this section:

(a) "Administer" means to give glucagon;

(b) "Authorized entity" means a public, private, or parochial school that has a trained individual on the premises or is officially associated with a trained individual;

(c) "Diabetes medical management plan" means a written, individualized diabetes care plan prepared by the student’s treating diabetes practitioner or practitioner team that prescribes how the student’s diabetes needs are to be met in the school setting;

(d) "Pharmacist" has the same meaning as in KRS 315.010;

(e) "Trained individual" means a school employee or contractor who has successfully completed an approved education training program under KRS 158.838; and

(f) "Undesignated glucagon" means glucagon prescribed in the name of an authorized entity.

(2) A health care practitioner, acting within the health care practitioner's scope of practice, may prescribe undesignated glucagon in the name of an authorized entity or trained individual for use in accordance with this section.

(3) A pharmacist may dispense undesignated glucagon for a prescription issued in the name of an authorized entity or trained individual for use in accordance with this section.

(4) A trained individual may administer undesignated glucagon in an emergency situation when a school nurse or other licensed health care practitioner is not immediately available and the trained individual believes in good faith that a student is experiencing severe hypoglycemia or other conditions noted in that student's diabetes medical management plan.

(5) An authorized entity that acquires and stocks a supply of undesignated glucagon with a valid prescription shall:

(a) Store the undesignated glucagon in accordance with the manufacturer's instructions in a location that is immediately accessible to trained individuals and any additional requirements established by the Kentucky Department for Public Health; and

(b) Require a school nurse or a trained individual to be responsible for the storage, maintenance, and general oversight of the undesignated glucagon acquired by the authorized entity.

(6) Any authorized entity or trained individual that acquires and stocks a supply of undesignated glucagon in accordance with this section shall notify the assigned school nurse or other school health care provider, an agent of the local emergency medical services, and the local emergency communications or dispatch center of the existence, location, and type of glucagon acquired.

(7) Any authorized entity or trained individual that administers or provides undesignated glucagon to a student who is believed to be experiencing severe hypoglycemia or other conditions noted in that student's diabetes medical management plan shall contact the student's parent, guardian, or emergency contact, and local emergency medical services as soon as possible.

(8) The requirements of subsection (7) of this section shall not apply to any individual who administers or provides undesignated glucagon if that individual is acting as a Good Samaritan under KRS 313.035 and 411.148.

(9) Any authorized entity or trained individual that, in good faith and without compensation, renders emergency care or treatment by the use of undesignated glucagon under this section or KRS 158.834 shall be immune from civil liability for any personal injury resulting from the care or treatment, or resulting from any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.

(10) The immunity granted under subsection (9) of this section applies to:

(a) A health care practitioner who prescribes or authorizes the emergency use of undesignated glucagon;

(b) A pharmacist who fills a prescription for undesignated glucagon;

(c) A trained individual who administers or provides undesignated glucagon;

(d) An authorized entity that acquires and stocks undesignated glucagon, or provides undesignated glucagon to a trained individual; and

(e) An individual trainer or training entity providing the required training to a trained individual.

(11) The immunity granted under subsection (9) of this section shall not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the care or treatment.

Effective: April 10, 2026

History: Created 2026 Ky. Acts ch. 75, sec. 6, effective April 10, 2026.

158.838 Emergency administration and self-administration of diabetes and seizure disorder medications -- Required training -- Required written statements and seizure action plan -- Limitation on liability -- Renewal of permission -- Expiration dates of medication -- Self-performance of diabetes care tasks -- Diabetes or seizure disorder not to prevent attendance at school the student would ordinarily attend.

(1) (a) Beginning July 15, 2014, the board of each local public school district and the governing body of each private and parochial school or school district shall have at least one (1) school employee at each school who has met the requirements of KRS 156.502 on duty during the entire school day to administer or assist with the self-administration of the following medication:

1. Glucagon subcutaneously to students with diabetes who are experiencing hypoglycemia or other conditions noted in the health care practitioner's written statement under subsection (2)(a)2. of this section;

2. Insulin subcutaneously, through the insulin delivery method used by the student and at the times and under the conditions noted in the health care practitioner's written statement under subsection (2)(a)2. of this section; and

3. A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and any successor agency.

(b) For those assigned the duties under paragraph (a) of this subsection, the training provided under KRS 156.502 shall include instruction in administering:

1. Insulin and glucagon, as well as recognition of the signs and symptoms of hypoglycemia and hyperglycemia and the appropriate steps to be taken to respond to these symptoms; and

2. Seizure medications, as well as the recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms.

(c) Any training program or guidelines adopted by any state agency for training of school personnel in the diabetes care tasks covered by this section shall be fully consistent with training programs and guidelines developed by the American Diabetes Association. Notwithstanding any state agency requirement or other law to the contrary, for purposes of this training a local school district shall be permitted to use any adequate and appropriate training program or guidelines for training of school personnel in the diabetes care tasks covered under this section.

(d) Any training program or guidelines adopted by any state agency for training of school personnel in the health care needs of students diagnosed with a seizure disorder shall be fully consistent with best practice guidelines from medical professionals with expertise in seizure treatment.

(2) (a) Prior to administering any of the medications listed under subsection (1)(a) of this section to a student, the student's parent or guardian shall:

1. Provide the school with a written authorization to administer the medication at school;

2. Provide a written statement from the student's health care practitioner, which shall contain the following information:

a. Student's name;

b. The name and purpose of the medication;

c. The prescribed dosage;

d. The route of administration;

e. The frequency that the medication may be administered; and

f. The circumstances under which the medication may be administered; and

3. Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact.

(b) In addition to the statements required in paragraph (a) of this subsection, the parent or guardian of each student diagnosed with a seizure disorder shall collaborate with school personnel to implement the seizure action plan. The Kentucky Board of Education shall promulgate administrative regulations establishing procedures for the implementation of seizure action plans.

(3) (a) The statements and seizure action plan required in subsection (2) of this section shall be kept on file in the office of the school nurse or school administrator.

(b) Any school personnel or volunteers responsible for the supervision or care of a student diagnosed with a seizure disorder shall be given notice of the seizure action plan, the identity of the school employee or employees trained in accordance with subsection (1)(a) of this section, and the method by which the trained school employee or employees may be contacted in the event of an emergency.

(4) The school district or the governing body of each private and parochial school or school district shall inform the parent or guardian of the student that the school and its employees and agents shall not incur any liability as a result of any injury sustained by the student from any reaction to any medication listed under subsection (1)(a) of this section that a parent or guardian has authorized the school district to administer to a student to treat a hypoglycemic or hyperglycemic episode or a seizure or its administration, unless the injury is the result of negligence or misconduct on behalf of the school or its employees. The parent or guardian of the student shall sign a written statement acknowledging that the school shall incur no liability except as provided in this subsection, and the parent or guardian shall hold harmless the school and its employees against any claims made for any reaction to any medication listed under subsection (1)(a) of this section that a parent or guardian has authorized the school district to administer to a student to treat a hypoglycemic or hyperglycemic episode or a seizure or its administration if the reaction is not due to negligence or misconduct on behalf of the school or its employees.

(5) The permission for the administration of any of the medications listed under subsection (1)(a) of this section shall be effective for the school year in which it is granted and shall be renewed each following school year upon fulfilling the requirements of subsections (2) to (4) of this section.

(6) The school nurse or school administrator shall check the expiration date monthly for each medication listed under subsection (1)(a) of this section that is in the possession of the school. At least one (1) month prior to the expiration date of each medication, the school nurse or school administrator shall inform the parent or guardian of the expiration date.

(7) Upon the written request of the parent or guardian of the student and written authorization by the student's health care practitioner, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin through the insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and otherwise attend to the care and management of his or her diabetes in the school setting and at school-related activities. A student shall be permitted to possess on his or her person at all times necessary supplies and equipment to perform these monitoring and treatment functions. Upon request by the parent or student, the student shall have access to a private area for performing diabetes care tasks.

(8) (a) Beginning July 15, 2014, a school district shall permit a student who has diabetes or a seizure disorder to attend the same school the student would attend if the student did not have diabetes or a seizure disorder. Such a student may only be transferred to a different school based on health care needs if the individualized education program team, the Section 504 team, or, if appropriate, the student's health services team, makes the determination that the student's health condition requires that the student's care be provided by a licensed health care professional at a different school. For the purpose of this determination, the teams shall include the parent or guardian. The parent or guardian may invite the student's treating physician to the team meeting and the team shall consider the physician's input, whether in person or in written form, when making this determination. This determination shall be based on individualized factors related to the student's health conditions. A school district shall not prohibit a student who has diabetes or a seizure disorder from attending any school on the sole basis that:

1. The student has diabetes or a seizure disorder;

2. The school does not have a full-time school nurse; or

3. The school does not have school employees who are trained in accordance with KRS 156.502 and assigned to provide care under this section.

(b) Parents or guardians of students who have diabetes or a seizure disorder shall not be required or pressured by school personnel to provide care for a student with diabetes or a seizure disorder during regular school hours or during school-related activities in which the student is a participant. For the purposes of this paragraph, a participant is not a student who merely observes the activity.

(9) The requirements of subsections (1) to (8) of this section shall apply only to schools that have a student enrolled who:

(a) Has a seizure disorder and has a seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and any successor agency prescribed by the student's health care provider; or

(b) Has diabetes mellitus and has any of the medications listed under subsection (1)(a) of this section prescribed by the student's health care provider.

(10) Nothing in this section shall be construed to require a school employee to consent to administer medications listed under subsection (1)(a) of this section to a student if the employee does not otherwise consent to provide the health service under KRS 156.502.

(11) Notwithstanding any other provision of the law to the contrary:

(a) The administration of the medications listed under subsection (1)(a) of this section by school employees shall not constitute the practice of nursing and shall be exempt from all applicable statutory and regulatory provisions that restrict the activities that may be delegated to or performed by a person who is not a licensed health care professional; and

(b) A licensed health care professional may provide training to or supervise school employees in the administration of the medications listed under subsection (1)(a) of this section.

Effective: July 14, 2018

History: Amended 2018 Ky. Acts ch. 153, sec. 2, effective July 14, 2018. -- Amended 2014 Ky. Acts ch. 3, sec. 2, effective March 5, 2014. -- Created 2005 Ky. Acts ch. 177, sec. 2, effective June 20, 2005.

Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 153, sec. 5, provides that 2018 Ky. Acts ch. 153 may be cited as the "Lyndsey Crunk Act." This statute was amended in Section 2 of that Act.

Student Achievement in Mathematics and Reading Student Achievement in Mathematics and Reading

158.840 Legislative findings and intent -- Importance of students' reading and mathematics skills in achieving scholastic goals -- Roles of statewide entities in improving student achievement.

(1) The General Assembly hereby finds that reading and mathematics proficiency are gateway skills necessary for all Kentucky students to achieve the academic goals established in KRS 158.6451. It is the General Assembly's intent that:

(a) All students in kindergarten through grade three (3) having difficulty in reading and mathematics receive early diagnosis and intervention services from highly trained teachers;

(b) All students in kindergarten through grade three (3) needing to make accelerated progress toward proficiency in mathematics based on data from valid and reliable universal screening and diagnostic assessments receive high-quality, evidence-based mathematics instruction and intervention aligned to the Kentucky academic standards for mathematics;

(c) All students demonstrate proficiency in reading and mathematics as they progress through the relevant curricula and complete each assessment level required by the Kentucky Board of Education for the state assessment program established under KRS 158.6453 and in compliance with the requirements of the federal Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or its successor; and

(d) Students who are struggling in reading and mathematics or are not at the proficient level on statewide assessments shall be provided evidence-based and developmentally appropriate diagnostic and intervention services, and instructional modifications necessary to learn. The General Assembly, the Kentucky Board of Education, the Kentucky Department of Education, the Council on Postsecondary Education, colleges and universities, local boards of education, school administrators, school councils, teachers, parents and families, and other educational entities, such as the Education Professional Standards Board, P-16 councils, the statewide reading research center established under KRS 164.0207, and the Center for Middle School Academic Achievement must collaborate if the intentions specified in this subsection are to be

met. Intensive focus on student achievement in reading and mathematics does not negate the responsibility of any entity to help students obtain proficiency in other core curriculum content areas.

(2) The General Assembly's role is to set policies that address the achievement levels of all students and provide resources for the professional growth of teachers and administrators, assessing students' academic achievement, including valid and reliable universal screening and diagnostic assessment and instructional interventions, technology innovations, targeted reading and mathematics statewide initiatives, research and the distribution of research findings, services for students beyond the regular school day, and other services needed to help struggling learners.

(3) The Kentucky Board of Education shall regularly review and modify, when appropriate, its statewide assessment policies and practices to enable local school districts and schools to carry out the provisions of the statewide assessment and accountability system, required under KRS 158.6453 to improve student achievement in mathematics and reading.

(4) The Kentucky Department of Education shall:

(a) Provide assistance to schools and teachers, including publicizing professional development opportunities, methods of measuring effective professional development, the availability of high quality instructional materials, and developmentally appropriate, valid, and reliable screening and diagnostic assessments of student competency in mathematics and reading. The department shall provide access to samples of units of study, annotated student work, diagnostic instruments, and research findings, and give guidance on parental engagement;

(b) Work with state and national educators and subject-matter experts to identify student reading and mathematical skills in each subject area that align with the state content standards adopted under KRS 158.6453 and identify teaching strategies in each subject area that can be used explicitly to develop the identified reading and mathematical skills under this paragraph;

(c) Encourage the development of comprehensive middle and high school adolescent reading and mathematics plans to be incorporated into the curricula of each subject area to improve the reading comprehension and mathematical skills of all students;

(d) Conduct an annual review of the state grant programs it manages and make recommendations, when needed, to the Interim Joint Committee on Education for changes to statutory requirements that are necessary to gain a greater return on investment;

(e) Provide administrative support and oversight to programs to train classroom coaches and mentors to help teachers with reading and mathematics instruction; and

(f) Require no reporting of instructional plans, formative assessment results, staff effectiveness processes, or interventions implemented in the classroom, except for:

1. Interventions implemented under KRS 158.305(2) and 158.8402;

2. Funds provided under KRS 158.792 or 158.844; or

3. Schools that are identified for comprehensive support and improvement and fail to exit comprehensive support and improvement status after three (3) consecutive years of implementing the turnaround intervention process as described in KRS 160.346.

(5) The Education Professional Standards Board, in cooperation with the Council on Postsecondary Education, shall exercise its duties and functions under KRS 161.028 to ensure that teacher education programs are fulfilling the needs of Kentucky for highly skilled teachers. The Education Professional Standards Board shall:

(a) Coordinate the federal and state grant programs it administers with other statewide initiatives relating to improving student achievement in reading and mathematics to avoid duplication of effort and to make efficient use of resources;

(b) Submit a report every three (3) years to the Legislative Research Commission for referral to the appropriate Interim Joint Committee on Education and the Interim Joint Committee on Appropriations and Revenue, summarizing the compliance of each teacher preparation program for alignment to early childhood education or elementary regular education standards and to the instructional requirements set forth in KRS 164.306(1) and 164.3061;

(c) Regularly report program data to an external evaluator for an annual analysis of the ability of teacher preparation programs to properly train and equip teacher preparation program students with the literacy and mathematics content knowledge and skills to educate students in kindergarten through grade three (3); and

(d) Exercise its duties and responsibilities under KRS 161.030 and 161.048 to ensure highly qualified teachers.

(6) Colleges and universities shall:

(a) Utilize institution-wide resources to work with elementary and secondary educators and other entities to align curriculum content to ensure that students who achieve proficiency on standards established at the prekindergarten through secondary levels will require no remediation to successfully enter a postsecondary education program;

(b) Provide quality undergraduate teacher preparation programs to ensure that those preparing to teach reading or mathematics at all grade levels have the necessary content knowledge, assessment and diagnostic skills, and teaching methodologies and that teachers in all subject areas have the requisite skills for helping students at all grade levels develop critical strategies and skills for reading and comprehending subject matter;

(c) Deliver evidence-based continuing education for teachers in reading and mathematics through institutes, graduate level courses, and other professional development activities that support a statewide agenda for improving student achievement in reading and mathematics;

(d) Conduct or assist with research on best practices in assessment, intervention strategies, teaching methodologies, costs and effectiveness of instructional models, and other factors as appropriate to reading and mathematics;

(e) Provide staff to consult and provide technical assistance to teachers, staff, and administrators at elementary, middle, and secondary school sites;

(f) Assume active roles in the statewide initiatives referenced in KRS 156.553 and 158.842; and

(g) Develop written procedures for measuring the effectiveness of activities outlined in paragraphs (a) to (f) of this subsection.

(7) School councils at all school levels are encouraged to identify and allocate resources to qualified teachers to become coaches or mentors in mathematics or coaches or mentors in reading with a focus on improving student achievement in their respective schools.

(8) Local school boards and superintendents shall provide local resources to supplement or match state and federal resources to support teachers, school administrators, and school councils in helping students achieve proficiency in reading and mathematics.

(9) Local school superintendents shall provide leadership and resources to the principals of all schools to facilitate curriculum alignment, communications, and technical support among schools to ensure that students are academically prepared to move to the next level of schooling.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 17, sec. 1, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 222, sec. 2, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 55, sec. 8, effective July 1, 2024. -- Amended 2022 Ky. Acts ch. 40, sec. 4, effective March 29, 2022. -- Amended 2017 Ky. Acts ch. 156, sec. 10, effective April 10, 2017. -- Amended 2010 Ky. Acts ch. 42, sec. 2, effective July 15, 2010. -- Created 2005 Ky. Acts ch. 164, sec. 1, effective March 18, 2005.

Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 222, sec. 8, provides that the Act, which amended this statute and KRS 158.791 and 158.842 and created KRS 158.8401, 158.8402, 158.843, and 164.3061, may be cited as the Kentucky Numeracy Counts Act.

Legislative Research Commission Note (3/29/2022). 2022 Ky. Acts ch. 40, sec. 10, provides that the Act, which amended this statute, may be cited as the Read to Succeed Act.

158.8401 Definitions for KRS 158.840 to 158.844.

As used in KRS 158.840 to 158.844:

(1) "Conceptual understanding" means connecting prior knowledge to new ideas and concepts, and making sense of why a mathematical idea is important and the kinds of contexts in which it is useful;

(2) "Diagnostic assessment" means a testing instrument that assesses a student's current knowledge base of academic content;

(3) "Dyscalculia" has the same meaning as in KRS 158.305;

(4) "Enrichment program" means accelerated intervention within the school day or outside of the school day or school calendar, led by individuals most qualified to provide the intervention and specifically determined to address the individual learning needs of students based on universal screening and diagnostics assessments in mathematics;

(5) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21);

(6) "Mathematics" means the curriculum of numbers and computations, geometry and measurements, probability and statistics, and algebraic ideas;

(7) "Mathematics coach" means a mathematics leader whose primary responsibility is to provide ongoing support for one (1) or more mathematics teachers. The role of the coach is to improve mathematics teaching practices by working with teachers in their classrooms, observing and providing feedback to them, modeling appropriate teaching practices, conducting workshops or institutes, establishing learning communities, and gathering appropriate and useful resources;

(8) "Mathematics diagnostic assessment" means an assessment that identifies a student at risk of failure in mathematics or a student with major deficits in numeracy and other mathematical concepts and skills;

(9) "Mathematics improvement plan" means an accelerated intervention plan for a student in grade kindergarten through grade three (3) that is developed to increase a student's rate of progress toward proficient performance in mathematics that is identified as necessary based on the student's results on an approved mathematics diagnostic assessment;

(10) "Mathematics improvement team" means a team that develops and oversees the progress of a mathematics improvement plan and includes:

(a) The parents or guardians of the student that is the subject of the mathematics improvement plan;

(b) No less than one (1) regular education teacher of the student, to provide information about the general curriculum for same-aged peers;

(c) A representative of the local education agency who is knowledgeable about the mathematics curriculum and the availability of the evidence-based mathematics resources of the local education agency; and

(d) Any specialized certified school employees, including but not limited to mathematics teachers, specialists, or coaches, for students receiving mathematics instruction educational programming or special education services;

(11) "Mathematics intervention program" means an intensive instructional program that is based on valid research and is provided by a highly trained teacher to specifically meet individual students' needs;

(12) "Multitiered system of supports" means a systemic, continuous improvement framework in which evidence-based problem-solving and decision making is practiced across all levels of the educational system for supporting students. The framework of MTSS utilizes high quality evidence-based instruction, intervention, and assessment practices to ensure that every student receives the appropriate level of support to be successful. A multitiered system of supports helps schools and districts to organize resources through alignment of academic standards, implemented with fidelity and sustained over time, in order to accelerate the performance of every student to achieve and exceed proficiency;

(13) "Number sense" means the ability to represent whole and rational numbers in multiple ways, numerical magnitude estimation, selecting and using benchmarks such as tens or hundreds, decomposing and recomposing numbers, understanding the effects of operations on numbers, and performing mental calculation and estimation;

(14) "Numeracy" means the development of the basic concepts which include counting, place value, addition and subtraction strategies, multiplication and division strategies, and the concepts of time, money, and length;

(15) "Place value understanding" means the understanding of representations and concepts necessary to successfully process multi-digit numbers;

(16) "Spatial reasoning" means the capacity to mentally generate, transform, and rotate a visual image and thus understand and recall spatial relationships between objects;

(17) "Subitizing" means quickly recognizing and naming how many objects are in a group without counting; and

(18) "Universal screener" means a process of providing a brief assessment to all students within a grade level to assess the students' performance in mathematical content and practices.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 222, sec. 3, effective July 15, 2024.

Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 222, sec. 8, provides that the Act, which created this statute and KRS 158.8402, 158.843, and 164.3061 and amended KRS 158.791, 158.840, and 158.842, may be cited as the Kentucky Numeracy Counts Act.

158.8402 Administrative regulations -- Multitiered system of supports for mathematics -- Implementation status report -- Technical assistance and training to local districts -- Requirements for superintendent of public charter school board of directors -- Mathematics diagnostic assessment -- Improvement plan and accelerated interventions -- Resources.

(1) Notwithstanding any other statute or administrative regulation to the contrary, the Kentucky Board of Education shall promulgate administrative regulations in accordance with KRS Chapter 13A to define and establish a multitiered system of supports that shall include evidence-based mathematics instruction, intervention, and instructional strategies for district-wide use for students in kindergarten through grade three (3).

(2) By November 1, 2027, and each year thereafter, the department shall submit the implementation status of the multitiered system of supports required pursuant to subsection (1) of this section for all school districts to the Legislative Research Commission for referral to the Interim Joint Committee on Education.

(3) The department shall provide technical assistance and training to local districts to assist in the implementation of the district-wide, multitiered system of supports as a means to identify and assist any student experiencing difficulty in mathematics.

(4) The technical assistance and training shall be designed to improve:

(a) The use of specific screening processes and diagnostic assessments to identify student strengths and needs;

(b) The use of universal screening and diagnostic data for implementing instruction and intervention, as needed;

(c) The use of valid and reliable evidence-based instructional strategies and interventions for mathematics education;

(d) Progress monitoring of student performance; and

(e) Accelerated, intensive, direct instruction that addresses students' individual differences, including advanced learners, and enables students that are experiencing difficulty to catch up with typically performing peers.

(5) (a) By January 1, 2026, each superintendent or public charter school board of directors shall select:

1. At least one (1) universal screener for mathematics that is determined by the department to be valid and reliable to be administered to all students in kindergarten through grade three (3); and

2. At least one (1) diagnostic assessment for mathematics that is determined by the department to be reliable and valid to be administered as part of a multitiered system of supports for students in kindergarten through grade three (3).

(b) Each superintendent or public charter school board of directors shall adopt an evidence-based curriculum along with high-quality instructional resources for mathematics that is determined by the department to be reliable, valid, and aligned to Kentucky academic standards for mathematics required by KRS 158.6453 for kindergarten through grade three (3).

(c) All teachers of students in kindergarten through grade three (3), including public charter school teachers, shall be trained on any mathematics universal screener and diagnostic assessment selected by the superintendent or public charter school board prior to administration of the assessment. The training shall address:

1. How to properly administer the mathematics universal screener and diagnostic assessment;

2. How to interpret the results of the mathematics universal screener and diagnostic assessment to identify students needing interventions;

3. How to use the assessment results to design instruction and interventions;

4. The use of the assessment to monitor the progress of student performance; and

5. The use of accelerated, intensive, and direct instruction that addresses students' individual differences and enables students to achieve proficiency in mathematics, including but not limited to daily, one-on- one instruction.

(6) Beginning with the 2026-2027 school year, a universal screener determined by the department to be valid and reliable shall be given in the first thirty (30) calendar days of the school year to each student in kindergarten through grade three (3) at a public school or public charter school.

(7) Those students determined to be at risk for not meeting grade-level benchmarks in mathematics for kindergarten through grade three (3) based on the universal screener shall be given a mathematics diagnostic assessment determined by the department to be valid and reliable to identify the individual student deficits in numeracy and other mathematical content and practices as listed in subsection (1) of this section in the first forty-five (45) calendar days of the school year.

(8) A mathematics improvement plan shall be developed and implemented in the first sixty (60) calendar days of the school year by a mathematics improvement team for any student in kindergarten through grade three (3) identified as needing accelerated interventions to progress toward proficient performance in mathematics. The mathematics improvement plan shall require:

(a) Intensive intervention that includes effective instructional strategies and high- quality instructional resources necessary to help the student make accelerated progress toward proficient performance in mathematics and become ready for the next grade, including but not limited to daily, one-on-one instruction with students the most in need provided by certified teachers specifically trained and most qualified to provide one-on-one instruction in numeracy; and

(b) Written quarterly progress reports provided by the school to a parent or guardian of any student subject to a mathematics improvement plan. The written quarterly progress report for the mathematics improvement plan may be included in the school's existing quarterly student progress report.

(9) Beginning in the 2026-2027 school year, if a student's rate of progress toward proficient performance in mathematics needs accelerated interventions as demonstrated by the results of an approved universal screener and mathematics diagnostic assessment, the local school district shall provide:

(a) Enrichment programs using evidence-based mathematics instruction and other strategies;

(b) Intensive instructional services, progress monitoring measures, and supports; and

(c) Parents and legal guardians of students identified for accelerated interventions in mathematics with information on how to encourage mathematics success at home.

(10) By September 1, 2025, if funds are available, the department shall establish teacher academies or coaching models for teachers of students in kindergarten through grade eight (8). The teacher academies or coaching models shall be related to evidence-based practices in instruction, instructional materials, and assessment in mathematics.

(11) The department shall develop and maintain a web-based resource providing teachers access to:

(a) Screening and diagnostic tools, universal screeners, screening processes, and diagnostic assessments;

(b) Evidence-based curriculum;

(c) High quality instructional resources; and

(d) General supports and lesson plans.

(12) The department shall encourage districts to utilize both state and federal funds, as appropriate, to implement a district-wide multitiered system of supports, including high-quality mathematics instruction and instructional resources, evidence-based intervention strategies and materials, aligned curriculum-based professional learning, and ongoing, job-embedded coaching supports.

(13) In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to determine appropriate instructional strategies for curriculum implementation shall not be considered an evaluation for eligibility for special education and related services, and nothing in this section shall limit a school district from completing an initial evaluation of a student suspected of having a disability.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 222, sec. 4, effective July 15, 2024.

Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 222, sec. 8, provides that the Act, which created this statute and KRS 158.8401, 158.843, and 164.3061 and amended KRS 158.791, 158.840, and 158.842, may be cited as the Kentucky Numeracy Counts Act.

158.842 Committee for Mathematics Achievement -- Membership, purposes, organization, staffing, and duties of committee -- Report to Interim Joint Committee on Education.

(1) The Committee for Mathematics Achievement is hereby created for the purposes of developing a multifaceted strategic plan to improve student achievement in mathematics at all levels of schooling, prekindergarten through postsecondary and adult. At a minimum the plan shall address:

(a) Evidence-based curriculum that is aligned prekindergarten through postsecondary, including consensus among high school teachers and postsecondary education faculty about expectations, curriculum, and assessment;

(b) Attitudes and beliefs of teachers about mathematics;

(c) Teachers' knowledge of mathematics;

(d) Diagnostic assessment, intervention services, universal screeners, and instructional strategies;

(e) Shortages of teachers of mathematics, including incentives to attract strong candidates to mathematics teaching;

(f) Statewide institutes that prepare cadres of mathematics leaders in local school districts, which may include highly skilled retired mathematics teachers, to serve as coaches and mentors in districts and schools;

(g) Cohesive continuing education options for experienced mathematics classroom teachers;

(h) Closing the student achievement gap among various student subpopulations;

(i) Curriculum expectations and assessments of students among the various school levels, prekindergarten, primary, elementary, middle, and high school;

(j) Curriculum expectations and assessments for adult education centers;

(k) Introductory postsecondary education mathematics courses that are appropriate to the wide array of academic programs and majors;

(l) Research to analyze further the issues of transition from high school or High School Equivalency Diploma programs to postsecondary education mathematics; and

(m) The early mathematics testing program under KRS 158.803. Other factors may be included in the strategic plan as deemed appropriate by the committee to improve mathematics achievement of Kentucky students.

(2) The committee shall be composed of twenty-three (23) members as follows:

(a) The commissioner of education or his or her designee;

(b) The president of the Council on Postsecondary Education or his or her designee;

(c) The president of the Association of Independent Kentucky Colleges and Universities or his or her designee;

(d) The secretary of the Education and Labor Cabinet or his or her designee;

(e) Four (4) representatives with a specialty in mathematics or mathematics education who have expertise and experience in professional development, especially with coaching and mentoring of teachers, from any of the public postsecondary education institutions defined in KRS 164.001. The representatives shall be selected by mutual agreement of the president of the Council on Postsecondary Education and the commissioner of education;

(f) One (1) adult education mathematics instructor selected by the secretary of the Education and Labor Cabinet;

(g) Two (2) elementary, two (2) middle, and two (2) high school mathematics teachers, appointed by the commissioner of education;

(h) Three (3) school administrators or building-level mathematics instructional coaches, with one (1) each representing elementary, middle, and high school, appointed by the commissioner of education;

(i) Two (2) district administrators or district-level mathematics instructional coaches appointed by the commissioner of education;

(j) The executive director of the Center for Mathematics created under KRS 164.525 or his or her designee;

(k) The executive director of AdvanceKentucky or his or her designee; and

(l) The executive director of the Partnership Institute for Math and Science Education Reform or his or her designee.

(3) A majority of the membership present shall constitute a quorum.

(4) Each member of the committee, other than members who serve by virtue of their positions, shall serve for a term of three (3) years or until a successor is appointed and qualified.

(5) A chair of the committee shall be elected each calendar year. An individual may not serve as chair for more than three (3) consecutive years. The chair shall be the presiding officer of the committee, and coordinate the functions and activities of the committee.

(6) The committee shall be attached to the Kentucky Department of Education for administrative purposes. The commissioner of education shall contract with a mathematics-trained professional to provide part-time staff support to the committee. The commissioner of education and the president of the council shall reach consensus in the selection of a person to fill the position. The person selected shall have a graduate degree, a mathematics or mathematics education major, and teaching or administrative experience in elementary and secondary education. The person shall not be a current employee of any entity represented on the committee. The department shall provide office space and other resources necessary to support the staff position and the work of the committee.

(7) The committee, under the leadership of the chair, may organize itself into appropriate subcommittees and work structures to accomplish the purposes of the committee.

(8) Members of the committee shall serve without compensation but shall be reimbursed for necessary travel and expenses while attending meetings at the same per diem rate promulgated in administrative regulation for state employees under provisions of KRS Chapter 45. Funds shall be provided school districts to cover the cost of substitute teachers for those teachers on the committee at each district's established rate for substitute teachers.

(9) If a vacancy occurs within the committee during its duration, the vacancy shall be filled in the same manner as set forth in the original appointment.

(10) The committee shall provide a final written report of committee activities and progress regarding the strategic plan required under subsection (1) of this section to the Interim Joint Committee on Education and the Legislative Research Commission by May 1, 2025.

(11) The committee shall have ongoing responsibility for providing advice and guidance to policymakers in the development of statewide policies and in the identification and allocation of resources to improve mathematics achievement. In carrying out this responsibility, the committee shall periodically review the strategic plan and make modifications as deemed appropriate and report those to the Interim Joint Committee on Education.

(12) The committee shall collaborate with the Center for Mathematics to ensure that there is ongoing identification of research and evidence-based intervention programs for K-12 students who have fallen behind in mathematics, rigorous mathematics curricula that prepare students for the next level of schooling, research and evidence-based professional development models that prepare teachers in mathematics and pedagogy, and strategies for closing the gap between high school or a High School Equivalency Diploma program and postsecondary mathematics preparation.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 222, sec. 5, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 236, sec. 73, effective July 1, 2022. -- Amended 2019 Ky. Acts ch. 146, sec. 29, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 63, sec. 15, effective June 29, 2017. -- Amended 2009 Ky. Acts ch. 11, sec. 51, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 89, effective July 12, 2006. -- Created 2005 Ky. Acts ch. 164, sec. 2, effective March 18, 2005.

Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 222, sec. 8, provides that the Act, which amended this statute and KRS 158.791 and 158.840 and created KRS 158.8401, 158.8402, 158.843, and 164.3061, may be cited as the Kentucky Numeracy Counts Act.

Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 164, sec. 2, subsection (3), contained a reference to "subsection (1)(f) of this section." This reference should have been changed to "subsection (2)(f) of this section" when the Senate committee substitute inserted a new subsection (1). The Statute Reviser, under the authority of KRS 7.136, has made the change.

158.843 Kentucky numeracy counts fund -- Uses -- Eligibility.

(1) The Kentucky numeracy counts fund is hereby created for the purpose of training and supporting teachers to improve the mathematics content and practices of students in kindergarten through grade eight (8), as set forth in subsection (2) of this section and KRS 158.8402(12). The fund shall consist of all moneys received from state appropriations, gifts, grants, and federal funds for this purpose. The department shall administer the fund.

(2) The department shall implement teacher professional learning academies related to evidence-based practices in instruction, instructional materials, and assessment in mathematics using moneys appropriated to or otherwise received by the Kentucky numeracy counts fund.

(3) The department shall create a mathematics coaching program using moneys appropriated to or otherwise received by the Kentucky numeracy counts fund. The program shall:

(a) Use data coaches to improve mathematics instruction and intervention;

(b) Determine the effectiveness of intensive data-focused professional development; and

(c) Provide expert support in mathematics instruction and intervention.

(4) (a) The department shall provide grants to local school districts and public charter schools. The grant shall only be used to purchase approved high-quality research and evidence-based curriculum aligned to kindergarten through grade three (3) academic standards in mathematics and expenditures for curriculum- based professional learning to implement new curriculum.

(b) To be eligible to receive a grant, a local school district or public charter school shall:

1. Submit an application in accordance with paragraph (c) of this subsection; and

2. Agree to adopt a common comprehensive mathematics program that is determined by the department to be reliable, valid, and aligned to mathematics standards required by KRS 158.6453 and outlined in an administrative regulation promulgated by the Kentucky Board of Education.

(c) Local school districts shall submit applications that include a district-wide plan and public charter schools shall submit applications that include a school plan for implementation of mathematics curriculum that includes:

1. How the district or public charter school will implement the new curriculum by school and by grade level; and

2. The timeline for the rollout of upgraded curriculum materials for core instruction in classrooms.

(d) Available grant funding shall be distributed to eligible applicants based on a rubric developed by the department. The rubric shall consider the information provided in accordance with paragraphs (b) and (c) of this subsection and prioritize applications from local school districts or public charter schools:

1. In which more than fifty percent (50%) of the enrolled students scored below the statewide average on the statewide assessments in mathematics administered for the preceding school year;

2. With the greatest need for financial assistance; and

3. That propose comprehensive plans most likely to increase student achievement in mathematics.

(e) The department shall distribute the awarded grant money to a public charter school authorizer, and the authorizer shall distribute one hundred percent (100%) of the grant money to the charter school.

(5) Notwithstanding the provisions of KRS 45.229, unexpended funds in the Kentucky numeracy counts fund shall not lapse but shall carry forward to the next fiscal year and shall be used for the purposes established in this section.

(6) Any interest earned on moneys in the fund shall become part of the fund and shall not lapse.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 222, sec. 6, effective July 15, 2024.

Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 222, sec. 8, provides that the Act, which created this statute and KRS 158.8401, 158.8402 and 164.3061, and amended KRS 158.791, 158.840, and 158.842, may be cited as the Kentucky Numeracy Counts Act.

158.844 Mathematics achievement fund -- Creation -- Use and disposition of moneys -- Administrative regulations -- Requirements for grant applicants -- Department to provide information to schools and to make annual report to Interim Joint Committee on Education.

(1) The mathematics achievement fund is hereby created to provide developmentally appropriate diagnostic assessment and intervention services to students, primary through grade 12, to help them reach proficiency in mathematics on the state assessments under KRS 158.6453 and in compliance with the "No Child Left Behind Act of 2001," 20 U.S.C. secs. 6301 et seq., as required under KRS 158.840.

(2) The grant funds may be used to support the implementation of diagnostic and intervention services in mathematics. The use of funds may include: pay for extended time for teachers, released time for teachers to serve as coaches and mentors or to carry out other responsibilities needed in the implementation of intervention services, payment of substitute teachers needed for the support of mathematics teachers, purchase of materials needed for modification of instruction, and other costs associated with diagnostic and intervention services or to cover other costs deemed appropriate by the Kentucky Board of Education.

(3) The fund shall:

(a) Provide funding for the Center for Mathematics created in KRS 164.525 and the costs of training selected teachers in the diagnostic assessment and intervention skills that are needed to assist struggling students in the primary program and other grade levels;

(b) Provide renewable, two (2) year local grants to school districts and for purposes described in subsection (2) of this section; and

(c) Provide operational funding for the Committee for Mathematics Achievement created in KRS 158.842.

(4) Any funds appropriated to the mathematics achievement fund that are specifically designated by the General Assembly to support the Center for Mathematics shall be appropriated to the Council on Postsecondary Education and distributed to the university administering the center, as determined by the council under KRS 164.525.

(5) Any moneys in the fund at the close of a fiscal year shall not lapse but shall be carried forward to be used for the purposes specified in this section.

(6) Any interest earnings of the fund shall become a part of the fund and shall not lapse.

(7) (a) Any funds appropriated to the mathematics achievement fund and specifically designated by the General Assembly as funding for grants to local school districts or to support the Committee for Mathematics Achievement shall be administered by the Kentucky Department of Education.

(b) The Kentucky Board of Education shall promulgate administrative regulations relating to the grants for local school districts based on recommendations from the Committee for Mathematics Achievement, the secretary of the Education and Labor Cabinet, the commissioner of education, and the Center for Mathematics established in KRS 164.525. The administrative regulations shall:

1. Identify eligibility criteria for grant applicants;

2. Specify the criteria for acceptable diagnostic assessments and intervention programs and coaching and mentoring programs;

3. Establish the minimum annual evaluation process for each grant recipient;

4. Identify the annual data that must be provided from each grant recipient;

5. Define the application and approval process;

6. Establish matching fund requirements if deemed necessary by the board;

7. Define the obligations for professional development and continuing education for teachers, administrators, and staff of each grant recipient;

8. Establish the conditions for renewal of a two (2) year grant; and

9. Specify other conditions necessary to implement the purposes of this section.

(c) As part of the application process, the board shall require that a grant applicant provide assurances that the following principles will be met if the applicant's request for funding is approved:

1. Mathematics instruction will be standards-based and utilize research-based practices;

2. Intervention and support services will supplement, not replace, regular classroom instruction; and

3. Intervention services will be provided to primary program students and other students who are at risk of mathematics failure within the school based upon ongoing assessments of their needs.

(d) If matching funds are required, the school council or, if none exists, the principal or the superintendent of schools, shall allocate matching funds. Funding for professional development allocated to the school council under KRS 160.345 and for continuing education under KRS 158.070 may be used to provide a portion or all of a school's required match.

(e) The Department of Education shall make available to schools:

1. Information from the Center for Mathematics regarding diagnostic assessment and intervention programs and coaching and mentoring programs of proven-practice in meeting the needs of primary students and other students who are at risk of failure;

2. Technical assistance to potential applicants and grant recipients;

3. A list of professional development providers offering teacher training in diagnostic assessment and intervention strategies and coaching and mentoring; and

4. Information from the Center for Mathematics on how to communicate to parents effective ways of interacting with their children to improve their mathematics concepts, skills, and understanding.

(f) The Department of Education shall submit a report to the Interim Joint Committee on Education no later than September 1 of each year outlining the use of grant funds. By November 1, 2007, the Department of Education with input from the Committee for Mathematics Achievement and the Center for Mathematics shall conduct a statewide needs assessment of the resources needed in each school to help each child achieve proficiency in mathematics by the year 2014 and report to the Interim Joint Committee on Education an estimate of the cost and a specific timeline for meeting the goal established by the Commonwealth.

Effective:July 1, 2022

History: Amended 2022 Ky. Acts ch. 236, sec. 74, effective July 1, 2022. -- Amended 2009 Ky. Acts ch. 11, sec. 52, effective June 25, 2009. -- Created 2005 Ky. Acts ch. 164, sec. 3, effective March 18, 2005.

Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 164, sec. 3, contained three references to the Mathematics Achievement Committee. The correct name for this entity is the Committee for Mathematics Achievement. The Statute Reviser, under the authority of KRS 7.136, has changed these references to be consistent with sec. 2 of this Act, which created the Committee for Mathematics Achievement and was codified as KRS 158.842.

Student Achievement in STEM Disciplines Student Achievement in STEM Disciplines

158.845 Definitions for KRS 158.845 to 158.849.

As used in KRS 158.845 to 158.849:

(1) "STEM" means science, technology, engineering, and mathematics; and

(2) "Advanced science and mathematics" means Advanced Placement biology, calculus, chemistry, computer science, environmental science, and physics, and International Baccalaureate biology, chemistry, computer science, environmental systems, mathematical studies, further mathematics, and physics.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 134, sec. 1, effective July 15, 2008.

158.846 Legislative findings concerning academic achievement in STEM disciplines.

The General Assembly hereby finds that:

(1) The future of Kentucky depends upon the ability to develop intellectual capital that can drive the research and development activities that will allow the Commonwealth to successfully compete in the global knowledge-based economy;

(2) Kentucky's natural resources, the nation's need for energy independence, and the worldwide movement toward the creation of cleaner and more sustainable energy technologies afford Kentucky the opportunity to become an international leader in energy diversification;

(3) Strengthening Kentucky's position in key areas of the knowledge-based economy, including energy and environmental technology, biosciences, materials science, advanced manufacturing, information technology, human health and development, and other fields, requires a strong and steady stream of researchers, workers, policymakers, and entrepreneurs trained in the STEM disciplines;

(4) The number of Kentucky's elementary and secondary students interested in pursuing, and adequately prepared for success in, the STEM disciplines in college and the workforce is insufficient to meet the challenges and opportunities with which Kentucky is confronted;

(5) The number of Kentucky's elementary, middle, and secondary school teachers who are highly qualified to provide instruction in the STEM disciplines is insufficient to adequately prepare students for careers in the knowledge-based economy; and

(6) Bold, collaborative, and strategic action is needed by all stakeholders in Kentucky's P-20 education system, business sector, and government to improve Kentucky's position for success in the knowledge-based economy by expanding and strengthening STEM educational opportunities from prekindergarten through the doctoral degree level, inspiring more Kentuckians to pursue those opportunities, and linking those opportunities with a coherent set of statewide economic and workforce development strategies.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 134, sec. 2, effective July 15, 2008.

158.847 Science and mathematics advancement fund -- Purposes -- Administrative regulations.

(1) (a) The science and mathematics advancement fund is hereby created to provide incentives for public schools to provide or expand student access to rigorous science and mathematics curricula, to make available advanced science and mathematics courses and college credit in these disciplines for high school students, and to increase the quantity and quality of science and mathematics teachers in Kentucky.

(b) Funds may be used in support of public schools to provide:

1. Payment of student fees for AP and IB examinations;

2. Scholarships for high school students to take advanced science and mathematics courses through the Kentucky Virtual High School when those courses are not offered at the school in which they are enrolled;

3. Two (2) year grants to high schools to support the start-up of advanced science and mathematics courses;

4. Two (2) year renewable grants to middle schools to support accelerated student learning in science and mathematics;

5. Grants to school districts for programs to develop and implement an energy technology engineering career track; and

6. Professional development opportunities, and payment of expenses and stipends for participation, for elementary school teachers to deepen their content knowledge and improve instructional practice in science and mathematics.

(c) The fund may receive state appropriations, grants, gifts, federal funds, or any other funds, public or private.

(d) Funds from the science and mathematics advancement fund shall be distributed after all other funds available for these purposes have been obligated, including state funds, federal funds, or any funds available through a scholarship program administered by the Kentucky Higher Education Assistance Authority.

(2) The Kentucky Board of Education shall promulgate administrative regulations for the administration of the science and mathematics advancement fund. The Kentucky Department of Education shall administer the fund, approve grant recipients, and distribute the funds to local school districts and other appropriate educational agencies.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 134, sec. 3, effective July 15, 2008.

Legislative Research Commission Note (7/15/2008). The Reviser of Statutes has renumbered subsection (1) of this statute from the way it appeared in 2008 Ky. Acts ch. 134, sec. 3, under the authority of KRS 7.136(1)(a).

158.848 Grant programs concerning STEM disciplines and AP and IB courses.

(1) Using funds from the science and mathematics advancement fund, the Department of Education shall establish the following grant programs for public schools:

(a) High School Advanced Science and Mathematics Course Start-up Program;

(b) Middle School Mathematics and Science Scholars Program; and

(c) District Energy Technology Career Track Program.

(2) (a) High School Advanced Science and Mathematics Course Start-up Program. The purpose of the program is to increase the number of students who successfully complete rigorous science and mathematics coursework during high school by providing support to high schools to offer additional advanced science and mathematics courses with highly trained teachers and appropriate course materials.

(b) The program shall provide two (2) year grants to high schools. To qualify for a grant, a school shall initiate at least one (1) advanced mathematics and science course. During the first year of the grant, funds shall be used for planning and the training of teachers. During the second year of the grant, funds shall be used to provide additional support for implementation of an advanced science and mathematics course.

(c) Permissible uses of funds include additional training for an advanced science and mathematics teacher and the purchase of classroom supplies, textbooks, laboratory equipment, and other instructional materials.

(d) A high school applying for a grant under this subsection shall provide assurances that:

1. All teachers of advanced science and mathematics courses supported by the grant shall participate in a College Board-endorsed AP summer training institute or International Baccalaureate-sponsored IB summer workshop, as available; and

2. All students completing AP courses supported by the grant shall take the AP examination, and all students enrolled in the IB courses supported by the grant shall take the IB examination, in the respective content areas.

(3) (a) Middle School Mathematics and Science Scholars Program. The purpose of the program is to increase the number of students entering high school who are well-prepared to undertake rigorous mathematics and science coursework, culminating in successful completion of advanced science and mathematics courses and high achievement on AP and IB examinations.

(b) The program shall provide two (2) year renewable grants to middle schools to support intensive, accelerated student learning in mathematics and the sciences, to be offered at no cost to participants. Grants shall be used to support activities that may include but not be limited to programs during the school day, after-school programs, Saturday programs, or multiweek summer sessions.

(c) The grant application shall ensure that teachers participating in the grant have the skills to provide intensive, accelerated student learning in mathematics or the sciences and that they will receive ongoing, relevant professional development.

(d) A middle school receiving grants shall collaborate with elementary schools from which it receives students, and with high schools to which it sends students, to share information on grant activities; strengthen alignment of curricula, content-knowledge expectations, and instructional practice between schools; and provide relevant professional development opportunities.

(e) The accelerated learning program shall include strategies to improve the academic skills in mathematics and science for all students for whom significant academic achievement gaps have been identified and to attract them into higher level mathematics and science courses. Specific activities to recruit and enroll students from all racial, ethnic, and socioeconomic groups within the school shall be conducted. Each grant applicant shall provide assurances that the necessary resources will be allocated and utilized to help students in all subpopulations academically succeed in the accelerated learning program and to meet the enrollment goal. The enrollment goal shall be that the number of students representing each racial, ethnic, and socioeconomic group enrolled in the mathematics and science accelerated learning program shall not be less than nor limited to the percentage of each group in the total school population.

(4) District Energy Technology Career Track Program. The purpose of the program is to provide grants to school districts to develop and implement an energy technology engineering career track across middle and high schools within the district as described in KRS 158.808.

Effective: July 15, 2008

History: Created 2008 Ky. Acts ch. 134, sec. 4, effective July 15, 2008.

Legislative Research Commission Note (7/15/2008). The Reviser of Statutes has renumbered subsections (2) and (3) of this statute from the way they appeared in 2008 Ky. Acts ch. 134, sec. 4, under the authority of KRS 7.136(1)(a).

158.849 Long-term statewide goals concerning STEM disciplines and AP and IB course participation.

(1) The Kentucky Board of Education shall establish long-term and annual statewide goals for increasing:

(a) The number of high schools providing rigorous curricula and making available accelerated classes and college credit for students;

(b) The number and percentage of students enrolled in and completing AP and IB courses by content area;

(c) The number and percentage of students taking the AP and IB examinations in advanced science and mathematics;

(d) The number and percentage of students receiving a score of three (3) or better on the AP examinations or four (4) or better on IB examinations in advanced science and mathematics;

(e) The number and percentage of students whose families are eligible for free or reduced-price lunch receiving a score of three (3) or better on AP examinations or four (4) or better on IB examinations;

(f) The number and percentage of students in underrepresented groups, including females, minorities, students with disabilities, English language learners, and students whose families are eligible for free or reduced-price lunch, taking computer science courses as defined by the Kentucky Department of Education in middle school and high school, including career and technical education programs;

(g) The number of teachers successfully completing a College Board-endorsed AP or IB summer training institute;

(h) The number of teachers with the knowledge and training needed to prepare students for high achievement on AP and IB examinations in advanced science and mathematics; and

(i) Other criteria determined by the board.

(2) (a) The Kentucky Department of Education shall develop a program evaluation framework regarding the use of the science and mathematics advancement fund for the purposes set forth in KRS 158.847. The program evaluation framework shall address areas including but not limited to the use of funds, the number of grants and awards, student achievement outcomes, and trends over time on the indicators established to measure progress against the statewide goals under subsection (1) of this section.

(b) Beginning in 2008, the department shall submit an annual report no later than December 1 to the Kentucky Board of Education and the Interim Joint Committee on Education. The report for 2008 shall provide a status report on the implementation of programs supported by the science and mathematics advancement fund. Subsequent reports shall incorporate information collected and analyzed based on the program evaluation framework under paragraph (a) of this subsection.

(c) Beginning in 2020, the department shall submit an annual report no later than December 1 to the Kentucky Board of Education and the Interim Joint Committee on Education that includes an unduplicated count of the number and percentage of public school students participating in computer science courses and other computer science educational opportunities. The data shall be disaggregated by gender, race, disability, English proficiency, and participation in the federal free and reduced-price lunch program. The report shall also include the number of computer science courses or programs offered in each school, the nature of the computer science courses or programs, the number of advanced placement computer science classes offered, and the number of computer science instructors at each school disaggregated by certification, gender, and terminal degree.

Effective: July 15, 2020

History: Amended 2020 Ky. Acts ch. 60, sec. 1, effective July 15, 2020. -- Created 2008 Ky. Acts ch. 134, sec. 5, effective July 15, 2008.

School Nutrition School Nutrition

158.850 Limitation on sale of retail fast foods in school cafeteria.

Beginning with the 2006-2007 school year, each school shall limit access to no more than one (1) day each week to retail fast foods in the cafeteria, whether sold by contract, commercial vendor, or otherwise.

Effective: June 20, 2005

History: Created 2005 Ky. Acts ch. 84, sec. 2, effective June 20, 2005.

158.852 School food service director or menu planner -- Credentials and certificates -- Continuing education.

(1) Each district shall appoint a food service director who is responsible for the management and oversight of the food service program in the district, except two

(2) or more contiguous districts may form one (1) "school food service area" and a school food service director shall be jointly selected by the participating school superintendents to oversee the school food service area.

(2) (a) Any person serving as a school food service director or person otherwise responsible for menu planning in each school district on June 20, 2005, shall be credentialed as a "school food service and nutrition specialist" or certified by a Level 2 certificate issued by the American School Food Service Association within three (3) years after June 20, 2005. No school district shall be required to have more than one (1) person with a credential or certificate under this section.

(b) After June 20, 2005, a person appointed to serve as school food service director or the person designated for menu planning who does not hold the "school food service and nutrition specialist" credential or the Level 2 certificate issued by the American School Food Service Association shall obtain the appropriate credential within three (3) years of his or her appointment or designation. No school district shall be required to have more than one (1) person with a credential or certificate under this section.

(c) Eight (8) clock hours of the required continuing education for maintaining the appropriate credential or certificate under this subsection shall be directly related to applied nutrition and healthy meal planning and preparation.

(3) School cafeteria managers shall annually receive at least two (2) hours of continuing education in applied nutrition and healthy meal planning and preparation.

Effective: June 20, 2005

History: Created 2005 Ky. Acts ch. 84, sec. 3, effective June 20, 2005.

158.854 Administrative regulation specifying minimum nutritional standards for foods sold outside school breakfast and lunch programs -- Restrictions upon sale of certain foods and beverages -- Waiver -- Definitions -- Exceptions -- Student-based enterprise to sell competitive foods.

(1) The Kentucky Board of Education shall promulgate an administrative regulation in accordance with KRS Chapter 13A to specify the minimum nutritional standards for all foods and beverages that are sold outside the National School Breakfast and National School Lunch programs, whether in vending machines, school stores, canteens, or a la carte cafeteria sales. Minimum nutritional standards shall be based on the most recent edition of the United States Department of Agriculture's Dietary Guidelines for Americans. The administrative regulation shall address serving size, sugar, and fat content of the foods and beverages. School districts may impose more stringent standards than the standards implemented under the administrative regulation. A school shall follow the minimum standards specified in the administrative regulation unless a waiver has been requested under KRS 156.161 by the school district for the school from the Kentucky Board of Education. Notwithstanding the duration of a waiver granted under KRS 156.161, any waiver approved by the Kentucky Board of Education relating to this section shall be reviewed on an annual basis.

(2) As used in this section:

(a) "Competitive food" means any food or beverage item sold in competition with the National School Breakfast and National School Lunch programs. The term does not include any food or beverage sold a la carte in the cafeteria;

(b) "School day" means the period of time between the arrival of the first student at the school building and the end of the last instructional period;

(c) "School-day-approved beverage" means water, one hundred percent (100%) fruit juice, lowfat milk, and any beverage that contains no more than ten (10) grams of sugar per serving; and

(d) "Student-based enterprise" means a district-approved program operated by a school district's students as part of a course designed to provide students with knowledge and experience of the operation of a business.

(3) No school may sell competitive foods or beverages from the time of the arrival of the first student at the school building until thirty (30) minutes after the last lunch period.

(4) Only school-day-approved beverages shall be sold in elementary schools during the school day in vending machines, school stores, canteens, or fundraisers that sell beverages by students, teachers, or groups.

(5) Nothing in this section or KRS 158.850 shall be construed to limit the sale of any foods or beverages by fundraisers off school property.

(6) Notwithstanding subsection (3) of this section, a local board of education may identify a student-based enterprise to sell competitive foods throughout the school

day. The local board may establish policies for the operation of the student-based enterprise and for the use of the proceeds from the operation of the student-based enterprise. Competitive foods sold by a student-based enterprise shall comply with the minimum nutritional standards established under subsection (1) of this section.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 81, sec. 1, effective July 15, 2026. -- Amended 2025 Ky. Acts ch. 113, sec. 7, effective June 27, 2025. -- Created 2005 Ky. Acts ch. 84, sec. 4, effective June 20, 2005.

158.855 Purchase of Kentucky-grown agricultural products permitted by local school board or school district participating in any United States Department of Agriculture Child Nutrition Program -- Exemption from KRS 45A.345 to 45A.460 and 424.260.

(1) As used in this section:

(a) "Agricultural product" has the same meaning as in KRS 260.016; and

(b) "Kentucky-grown agricultural product" has the same meaning as in KRS 260.016.

(2) A local school board or local school district participating in any of the United States Department of Agriculture Child Nutrition Programs may purchase Kentucky- grown agricultural products in accordance with federal law and shall not be subject to KRS 45A.345 to 45A.460 or 424.260.

(3) This section shall not be construed to exempt a local school board or local school district from any other requirement established by state or federal law.

Effective: March 27, 2026

History: Created 2026 Ky. Acts ch. 8, sec. 1, effective March 27, 2026.

158.856 Repealed, 2025.

[Repealed]

Examination Upon Completion of Core Content Courses Examination Upon Completion of Core Content Courses

158.860 Examination upon completion of core content course.

(1) As used in this section:

(a) "Core course" means any course offered in the middle grades or high school grades that is a specific high school graduation requirement or a course that may be used to fulfill a minimum graduation requirement in the content areas of language arts, mathematics, science, and social studies as specified in administrative regulation promulgated by the Kentucky Board of Education under the provisions of KRS 156.160; and

(b) "End-of-course examination" or "end-of-course exam" means a test that measures a student's knowledge and skills upon completion of a core content course.

(2) The Kentucky Department of Education shall coordinate the development of end- of-course exams.

(a) The development process shall initially include end-of-course exams for Algebra I, Algebra II, and Geometry.

(b) Content teachers in the core courses, postsecondary faculty including subject matter specialists as well as teacher educators, curriculum specialists, and other appropriate practitioners shall be involved in the development and review of items for the exams. Content teachers shall comprise the majority of the developers and reviewers of the test items.

(c) The department shall ensure that each end-of-course exam:

1. Aligns with the standards, content, goals, and academic expectations relevant to the course;

2. Requires student demonstration of knowledge, comprehension, application, and higher order cognitive skills;

3. Provides reliable and valid test items;

4. Is available to schools in an on-line format if resources are available; and

5. Provides individual student scores; test item analyses; aggregate comparisons of student data at the school, district, and state levels; and disaggregated data by student subpopulations at the school district and state levels.

(d) The department shall make available a parallel form for each exam.

(e) The initial end-of-course exam developed as required in paragraph (a) of this subsection shall be available and piloted in selected school districts no later than the end of the 2007-2008 school year.

(3) The department may contract for services as deemed necessary to fulfill its duties under this section.

(4) The Kentucky Department of Education shall conduct a study of the end-of-course examinations and the processes used during the pilot of the exams.

(a) Following the initial use of the end-of-course exams in Algebra 1, Algebra II, and Geometry, the department, with assistance from the developers identified in subsection (2)(b) of this section, shall determine whether the exams meet the requirements in subsection (2)(c) of this section. The determination shall be based on an analysis of individual test items, analyses of student results on the exams, pilot teachers' input, and review of other data gathered during the pilot year.

(b) The department shall consult with the Education Assessment and Accountability Review Subcommittee, the National Technical Advisory Panel on Assessment and Accountability, and the School Curriculum, Assessment, and Accountability Council regarding the implications for statewide implementation and shall advise the Kentucky Board of Education of its findings and recommendations.

(c) Following the consultations and discussions required in paragraphs (a) and (b) of this subsection, the commissioner of education shall report the findings of the pilot project and policy options to the Interim Joint Committee on Education.

(5) End-of-course exams in the pilot period shall not be used as a criterion for formally evaluating or compensating teachers. Student results may be discussed during the formative evaluation stage in compliance with KRS 156.557.

(6) The department shall develop the test procedures, including testing accommodations for students with special needs, retest provisions, reporting requirements, and other procedures as necessary to implement the provisions of this section.

(7) A teacher shall use a student's score on any end-of-course exam that is administered in calculating the student's final grade in accordance with policies of the local board of education and the school-based decision making council.

(8) The commissioner of education or a designee shall provide a written status report regarding implementation of this section to the Interim Joint Committee on Education and the Education Assessment and Accountability Review Subcommittee by December 1, 2007, and July 1, 2008.

(9) The Kentucky Department of Education and local school districts shall use end-of- course exams to promote increased student accountability. The department and local school districts shall also use test results to determine the need for technical assistance, professional development, and other resources to improve instruction.

Effective: July 12, 2006

History: Created 2006 Ky. Acts ch. 119, sec. 1, effective July 12, 2006.

Summer Learning Program for Disadvantaged and Low-achieving Children Summer Learning Program for Disadvantaged and Low-achieving Children

158.865 Repealed, 2026.

[Repealed]

158.866 Repealed, 2026.

[Repealed]

158.867 Repealed, 2026.

[Repealed]

Penalties Penalties

158.990 Penalties.

(1) Any member of a school board who votes to permit entrance to a school of any child not eligible therefor under the provisions of KRS 158.030 shall be fined not less than five dollars ($5) nor more than fifty dollars ($50).

(2) Any person who intentionally violates KRS 158.155 shall be guilty of a:

(a) Class B misdemeanor for the first offense; and

(b) Class A misdemeanor for the second or subsequent offense.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 50, sec. 3, effective July 15, 2026. -- Amended 1994 Ky. Acts ch. 471, sec. 2, effective July 15, 1994. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 409, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 21, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 308, sec. 34. -- Amended 1952 Ky. Acts ch. 145, sec. 2, effective June 19, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4363-7, 4363-8, 4363-11a.