701 KAR | Title 701 KAR — Education and Workforce Development Cabinet - Board of Education, Department of Education

Chapter 5 Office of Chief State School Officer

701 KAR 5:055 Removal hearing procedures {#sec-701-kar-5-055 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:055}

Section 1. Definition. "Officer being charged" or "officer charged" means a superintendent of schools or other public school officer who is charged with an offense under KRS 156.132.

Section 2. Preliminary Matters. Before the matter is submitted for final decision, the statement of charges may be amended or supplemented. If the amended or supplemented statement of charges presents new charges, the officer being charged shall be afforded a reasonable opportunity, and not less than twenty (20) days, to prepare his defense.

Section 3. Prehearing Procedures.

(1) The testimony of a material witness may be taken by deposition if:

(a) The witness will be unavailable at the time and date of the scheduled hearing or the witness cannot be compelled to attend; and

(b) Written authorization of the hearing officer is provided or there is agreement of the parties.

(2) If there is no agreement between the parties, the party requesting the deposition shall file a written request with the hearing officer stating:

(a) The name and address of the witness whose testimony is desired;

(b) The nature and materiality of the testimony; and

(3) Upon a proper showing, the hearing officer may issue an interim order requiring the witness to appear and to testify by deposition.

(4) The request for deposition shall be filed as soon as it becomes known that a witness will be unavailable at the time and date of the scheduled hearing. An objection shall be filed no more than three (3) days after the filing of the written request.

(5) The cost of the deposition shall be paid by the party requesting the deposition.

Section 4. Hearing Procedures.

(1) The Kentucky Board of Education shall conduct a hearing in accordance with KRS Chapter 13B.

(2) At the request of a party or on his own volition, the hearing officer may reschedule a hearing if there is good cause or the parties agree to reschedule the hearing.

(3) The party seeking the continuance shall file with the hearing officer a written request stating the reason for the request or a statement indicating the agreement of the parties. If the request to reschedule is made by a party, the requesting party shall file the request at least ten (10) days prior to the scheduled hearing. An objection to the request shall be filed within three (3) days after the filing of the request.

History

RELATES TO: KRS 156.132
STATUTORY AUTHORITY: KRS 156.070, 156.132
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.132 authorizes the Kentucky Board of Education to suspend or remove superintendents and public school officers upon a finding of misconduct or certain other offenses. This administrative regulation establishes procedures to be followed prior to and during the evidentiary hearing regarding the charges brought for suspension or removal.
History: 701 KAR 005:055. 21 Ky.R. 3377; eff. 8-4-1994; 23 Ky.R. 1423; 2465; eff. 12-5-1996; Crt eff. 11-16-2018; 51 Ky.R. 1706, 1934; eff. 7-14-2025.

701 KAR 5:090 Teacher disciplinary hearings {#sec-701-kar-5-090 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:090}

Section 1. Notification of Discipline or Involuntary Leave. A local school district superintendent proposing to discipline a teacher pursuant to KRS 161.790 other than private reprimand, or a board of education placing a teacher or superintendent on involuntary leave pursuant to KRS 161.770, shall immediately, after notice to the employee, transmit a copy of the notice of the action to the commissioner of education, along with advice as to the date of the receipt of the notice by the employee.

Section 2. Hearing Officer Qualifications. Upon notification from a teacher pursuant to KRS 161.790(3) of the teacher's intention to answer the charges against him or her, the commissioner shall appoint a hearing officer in accordance with KRS 161.790(4) who meets the following qualifications:

(1) The hearing officer shall be an attorney licensed to practice law in the Commonwealth of Kentucky and in good standing with the Kentucky Bar Association;

(2) The hearing officer shall complete biennial training as approved by the Kentucky Department of Education related to the employment of teachers;

(3) The hearing officer shall complete biennial training as approved by the Kentucky Department of Education related to the professional code of ethics for Kentucky school certified personnel set forth in 16 KAR 1:020; and

(4) The hearing officer shall meet the training requirements set forth in 40 KAR 5:010.

Section 3. Teacher and Administrator Tribunal Member Qualifications.

(1) Beginning in 2019 and every four (4) years thereafter, the Kentucky Department of Education shall solicit applications to establish a pool of potential teacher or administrator tribunal members. Individuals who wish to be considered for the pool of potential teacher or administrator tribunal members shall apply using the Teacher and Administrator Tribunal Member Application. The Kentucky Department of Education shall select no more than twenty (20) potential teacher tribunal members for the pool using procedures developed by the Kentucky Department of Education for the receipt, review, and selection of applicants. The Kentucky Department of Education shall select no more than twenty (20) potential administrator tribunal members for the pool using procedures developed by the Kentucky Department of Education for the receipt, review, and selection of applicants.

(2) To be a member of the pool of potential teacher tribunal members designated to serve as a teacher tribunal member on an ongoing basis, a person shall:

(a) Hold a valid teaching certificate issued by the Education Professional Standards Board and be in good standing; or

(b) Be retired and have held a teaching certificate issued by the Education Professional Standards Board that was not revoked or surrendered as a result of revocation proceedings.

(3) To be a member of the pool of potential administrator tribunal members designated to serve as an administrator tribunal member on an ongoing basis, a person shall:

(a) Hold a valid teaching certificate for the performance of administrative duties issued by the Education Professional Standards Board and be in good standing; or

(b) Be retired and have held a teaching certificate for the performance of administrative duties issued by the Education Professional Standards Board that was not revoked or surrendered as a result of revocation proceedings.

(4) Individuals selected for the pool of potential teacher or administrator tribunal members designated to serve as a teacher or administrator tribunal member on an ongoing basis shall complete training approved by the Kentucky Department of Education on the following topics at least once every four (4) years:

(a) The hearing process;

(b) The role of the tribunal;

(d) How to determine facts;

(e) Fundamental fairness;

(f) The law on teacher disciplinary actions set forth atKRS 161.790;

(g) The professional code of ethics for Kentucky school certified personnel set forth in 16 KAR 1:020; and

(h) The deliberative process.

(5) For attending training approved by the Kentucky Department of Education required to be a member of the pool of potential teacher or administrator tribunal members, a person shall receive a per diem of $100 and reimbursement of travel expenses from the Department of Education.

Section 4. Expense Reimbursement.

(1) The local school district shall pay all travel expenses of the hearing officer tribunal member in accordance with 200 KAR 2:006.

(2) No later than the convening of the hearing, the local school district shall advise the teacher and administrator tribunal members how to claim their per diem and travel expenses.

Section 5. Conduct of Hearing.

(1) A hearing before the tribunal shall be conducted in accordance with KRS Chapter 13B.

(2) The tribunal shall be presented with the notification described in Section 1, which sets forth the charges for discipline or involuntary leave.

(3) The hearing officer shall instruct the tribunal regarding the burden of proof, including which party bears the burden of proof.

(4) If, for any reason and after testimony has commenced, a tribunal member becomes unavailable to complete the hearing of the evidence of both parties, an appropriate substitute tribunal member shall be appointed by the commissioner of education and provided by the school district with a written transcript of all prior proceedings at the hearing unless waived under subsection (5) of this section.

(5) A hearing may be concluded and a decision rendered by a two (2) member tribunal upon express agreement of both parties so long as one (1) of the two (2) tribunal members is a hearing officer member in accordance with Section 2 of this administrative regulation.

Section 6. Continuances.

(1)

(a) If, after a requested hearing has been scheduled by the commissioner of education or his or her designee, a continuance is requested by the teacher, the teacher shall specifically and in writing waive the statutory hearing deadlines and any subsequent backpay award for the period of the requested continuance. A continuance initiated by the teacher shall not be granted without the appropriate waiver.

(b) If the continuance request was initiated by the school district, a waiver shall not be required.

(2) A continuance requested by the teacher may be granted for good cause shown, including pending criminal charges making it inadvisable for the employee to testify at an administrative hearing or late entry of an attorney into the case on behalf of the employee.

(3) A continuance requested by the school district, and not agreed to by the employee, may be granted upon documentation of good cause making it impossible or prejudicially impractical for the district to adequately present its case at the scheduled hearing.

(4) A request for continuance made prior to the three (3) member tribunal convening shall be submitted in writing to the hearing officer.

Section 7. Incorporation by Reference.

(1) The "Teacher and Administrator Tribunal Member Application", June 2019, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law at the Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 161.770, 161.790
STATUTORY AUTHORITY: KRS 156.070, 161.770, 161.790(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 161.790(4) and 161.770 requires the commissioner of education to appoint an impartial three (3) member tribunal to conduct an administrative hearing and make the final determination on charges concerning a local school district's proposal to discipline or place on involuntary leave a teacher if the teacher gives timely notice of his or her intent to answer the charges. This administrative regulation establishes administrative and hearing procedures with respect to the tribunal process and identifies the required training for tribunal members designated to serve as tribunal members on an ongoing basis.
History: 18 Ky.R. 217; eff. 9-6-1991; 23 Ky.R. 1425; 2466; eff. 12-5-1996; 29 Ky.R. 805; 1271; eff. 11-12-2002; Crt eff. 11-16-2018; 46 Ky.R. 249, 971, 1120; eff. 11-1-2019; Crt to Am; Am filed 6-8-2026.

701 KAR 5:100 School-based decision making guidelines {#sec-701-kar-5-100 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:100}

Section 1. Definitions.

(1) "Parent" is defined by KRS 160.345(1)(d).

(2) "Teacher" is defined by KRS 160.345(1)(c).

Section 2. Alternative Models for School-Based Decision Making.

(1) On or after January 1 and prior to March 1 of each calendar year, a school choosing to develop an alternative model for school-based decision making (SBDM) pursuant to KRS 160.345(7) shall submit a completed Alternative School-Based Decision Making Application through the school's local board of education to the Commissioner of Education (Commissioner) for consideration by the Kentucky Board of Education (KBE).

(2) The Kentucky Department of Education (department) shall provide technical assistance, upon request, to districts prior to submission of the Alternative School-Based Decision Making Application to help ensure minimum compliance with the required components established in KRS 160.345(7).

(3) Within thirty (30) days from receipt of a completed Alternative School-Based Decision Making Application, the commissioner or the commissioner's designee shall review and recommend that the KBE approve or deny the Alternative School-Based Decision Making Application, based on the requirements established in this administrative regulation.

(4) At the next regularly scheduled meeting of the KBE following the receipt of the recommendation from the commissioner or the commissioner's designee, pursuant to subsection (3) of this section, the KBE shall approve or deny the Alternative School-Based Decision Making Application.

(5) Implementation of an approved Alternative School-Based Decision Making Application shall begin on July 1 unless otherwise stated in the Alternative School-Based Decision Making Application submitted to and approved by the KBE pursuant to this administrative regulation.

(6) An alternative SBDM model approved by the KBE shall undergo annual review by the department but shall be valid until the earlier of the following occurs:

(a) The school implements a traditional SBDM that complies with KRS 160.345 following a majority vote by the existing SBDM to do so and evidence of the council's majority vote to reinstate the traditional SBDM model is communicated in writing to the department;

(b) The school qualifies for and is granted, as applicable, an SBDM exemption under Section 3 of this administrative regulation;

(c) The school is identified for comprehensive support and improvement and has its SBDM authority transferred to the superintendent pursuant to KRS 160.346; or

(d) The KBE revokes approval for the alternative SBDM model.

(7) The department shall maintain a record of all schools that apply for an alternative SBDM model and a record of all approved alternative SBDM models.

(8) An Alternative School-Based Decision Making Application shall not be necessary for changes to an SBDM that maintain the parent, teacher, and administrator voting membership ratio established in KRS 160.345. An SBDM may add one (1) or more non-voting members upon a majority vote of the existing SBDM without submission of an Alternative School-Based Decision Making Application.

Section 3. Exemptions from School-Based Decision Making.

(1) On or after January 1 and prior to March 1 of each calendar year, a school required to implement school-based decision making pursuant to KRS 160.345 may seek an SBDM exemption. A request for exemption shall be made by submitting a written request to the commissioner for consideration by the KBE.

(2) The department shall provide technical assistance, upon request, to districts prior to submission of the written request to help ensure minimum compliance with the required components established in KRS 160.345(5).

(3) Within thirty (30) days from receipt of the written request, the commissioner or the commissioner's designee shall review and verify that the school meets the requirements established in KRS 160.345(5).

(4) Once the commissioner or the commissioner's designee has verified that the school meets the requirements established in KRS 160.345(5), the school's written request shall be submitted to the KBE for final approval pursuant to KRS 160.345(5). If the commissioner or the commissioner's designee is unable to verify that the school has met the requirements for exemption established in KRS 160.345(5), the commissioner or the commissioner's designee shall recommend that the KBE deny the exemption request.

(5) Implementation of an approved school-based decision making exemption shall begin on July 1 unless otherwise stated in the written request submitted to and approved by the KBE.

(6) An SBDM exemption approved by the KBE shall be valid for one (1) school year. A school may annually re-apply for an SBDM exemption if it meets the requirements established in KRS 160.345(5).

(7) The department shall maintain a record of all schools that apply for an SBDM exemption and a record of all approved SBDM exemptions.

Section 4. Training for School-Based Decision Making Members.

(1) SBDM members shall satisfy training required under KRS 160.345 by completing department-provided training or training provided by individuals that have been endorsed by the department to provide training.

(2) To be endorsed by the department to provide SBDM member training, an individual shall successfully complete a training program administered by the department, on an annual basis. This training shall include modules on effective training and the duties, authority, and responsibilities of SBDM members and councils as authorized by KRS 160.345.

(3) The department shall maintain a record of individuals that it has endorsed to provide training to SBDM members.

(4) Individuals the department has endorsed to provide training to SBDM members shall use training modules developed or approved by the department pursuant to subsection (6) of this section. Training modules shall provide professional development to SBDM members on the duties, authority, and responsibilities of SBDM members and councils as authorized by KRS 160.345.

(5) If an individual the department has endorsed to provide training to SBDM members would like to use non-department training modules to meet the requirements of KRS 160.345(6), the training modules shall be approved in advance by the department pursuant to subsection (6) of this section.

(6) To have a training module approved by the department, an individual or entity shall submit in writing to the department for review:

(a) The title of module;

(b) The number of training hours the module provides;

(d) An overview of the module, including topics addressed and anticipated outcomes for attendees; and

(e) All materials to be presented as part of the training, including written, audio, and video materials.

(7) The department shall maintain a record of non-department trainings that have complied with KRS 160.345(6).

Section 5. Database of School-Based Decision Making Members.

(1) By November 1 of each year, each school shall provide the following information to the department:

(a) The names and addresses of each SBDM member; and

(b) Verification that each SBDM member has completed the training required by KRS 160.345(6).

(2) The department shall maintain a database of all SBDM members, including training verifications for SBDM members.

Section 6. Incorporation by Reference.

(1) "Alternative School-Based Decision Making Application," February 2021 is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Education, Office of Continuous Improvement and Support, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 160.345
STATUTORY AUTHORITY: KRS 156.070, 160.345
NECESSITY, FUNCTION, AND CONFORMITY: KRS 160.345(7) authorizes the Kentucky Board of Education (KBE) to make final approval of applications for alternative models for school-based decision making (SBDM). KRS 160.345(5) requires the KBE to exempt, upon request, a school that meets the requirements of KRS 160.345(5) from implementing SBDM. KRS 160.345(6) requires new and experienced SBDM members to complete professional development activities provided by the Kentucky Department of Education (department) through providers that have been endorsed by the department. KRS 160.345(6) requires the department to collect the names and addresses for each SBDM member. This administrative regulation establishes the SBDM database and associated reporting requirements, the application process and approval criteria for alternative models for SBDM, exemption requirements, training requirements for SBDM members, and the provider-training requirements for department endorsement.
History: 18 Ky.R. 219; 685; eff. 9-6-1991; 21 Ky.R. 2241; eff. 6-1-1995; Crt eff. 11-16-2018; 47 Ky.R. 2471; 48 Ky.R. 795; eff. 11-30-2021.

701 KAR 5:110 Use of local monies to reduce unmet technology need {#sec-701-kar-5-110 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:110}

Section 1. Definitions.

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

(2) "District education technology plan" means the plan developed by the local school district to address the unmet technology need of the district.

(3) "Kentucky Education Technology System" or "KETS" means the statewide system established in the technology master plan issued by the Kentucky Board of Education and approved by the Legislative Research Commission.

(4) "Master plan" means the long-range plan for the implementation of the Kentucky Education Technology System approved by the Kentucky Board of Education and the Legislative Research Commission.

(5) "Unmet technology need" means the total cost of technology, meeting or exceeding the criteria established in the master plan, needed to achieve the capabilities outlined in the approved district education technology plan of the local school district.

Section 2. Determination of Unmet Need. A local school district shall determine its unmet technology need as part of the education technology planning process. Unmet technology need shall be audited by the department and subject to the approval of the Kentucky Board of Education as part of the state review and assistance calculation process in accordance with the master plan.

Section 3. Reducing Unmet Need.

(1) In categories of unmet technology need, as established in the KETS Master Plan for Education Technology 2024-2030, a district shall limit procurements to those that will reduce unmet technology need until the district's unmet technology need no longer exists.

(2) The department shall assist districts in selecting equipment, software, and services which will reduce the unmet technology need.

Section 4. Alternative Technology. For technology components having no established KETS standards, a local school district may propose alternative technologies (waivers) in the local district education technology plan, particularly if the technology is proposed to achieve innovation. The department shall respond to the waiver within a three (3) week time period. If denied, the local school district may appeal to the Commissioner of Education.

Section 5. Incorporation by Reference.

(1) "KETS Master Plan for Education Technology 2024-2030", August 2023, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, from the Office of Education Technology, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. through 4:30 p.m. This material may be viewed at: https://education.ky.gov/districts/legal/Pages/Kentucky-Revised-Statutes.aspx.

History

RELATES TO: KRS 156.670, 157.650, 157.655, 157.660, 157.665, 160.160
STATUTORY AUTHORITY: KRS 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(c) requires the Kentucky Board of Education to promulgate administrative regulations governing the acquisition and use of educational equipment for the schools. KRS 156.670(1) requires the development of the master plan for education technology to outline Commonwealth activities related to the purchase, development, and use of technology. The master plan requires a district to submit a plan and report which describes its educational initiatives that have technology components and their unmet technology need. KRS 157.655 authorizes a local public school district to participate in the education technology funding program based on the unmet technology need described in the local district plan and approved by the Kentucky Board of Education. Based on review of the unmet technology need, it has been determined that full implementation of the Kentucky Education Technology System (KETS) cannot be funded based solely on offers of assistance from the Education Technology Trust Fund. This administrative regulation establishes the requirements governing the use of local monies to reduce unmet technology need to ensure that all school district technology procurements, in categories for which KETS standards for unmet need have been established, will reduce the unmet technology need regardless of source of funds.
History: 20 Ky.R. 886; 2973; eff. 5-18-1994; 22 Ky.R. 989; eff. 1-8-1996; 24 Ky.R. 2425; 25 Ky.R. 75; eff. 7-13-1998; 27 Ky.R. 226; 765; eff. 9-11-2000; 33 Ky.R. 3045; eff. 7-6-2007; 39 Ky.R. 1319; 1693; eff. 3-8-2013; 44 Ky.R. 2099; 2325; eff. 6-1-2018; 50 Ky.R. 745, 1278; eff. 3-5-2024.

701 KAR 5:120 Prevention of sexually explicit materials transmitted to schools via computer {#sec-701-kar-5-120 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:120}

Section 1. Acceptable Use Policies.

(1) A local school district shall adopt an acceptable use policy which has the following characteristics:

(a) Conforms to the guidelines for acceptable use policies as provided in the Master Plan for Education Technology, 701 KAR 5:110, for the Kentucky Education Technology System, including parental consent, teacher supervision of computer use, and auditing procedures;

(b) Contains procedures, guidelines, and prohibitions which will prevent access to sexually explicit materials;

(d) Is for use by students, faculty, staff, and any others to whom the school or district provides computing and telecommunications access on a permanent or temporary basis.

(2) A school district shall include in its policy provisions which eliminate or appropriately restrict the use of computing and telecommunications technologies for any faculty, student, staff or other person who will not sign or who violates the provisions of the acceptable use policy statement.

Section 2. Standards for Filtering Technology.

(1) The Kentucky Department of Education shall assist a local school district with the selection and use of filtering technologies.

(2) Filtering technologies adopted by a local school district shall address:

(a) Expectations of reliability;

(b) The ability to improve the dependability and speed of the appropriate data being available;

(d) The ability to effectively manage outgoing information; and

(e) The ability to identify and maintain appropriate information about the origin, date, time and destination of network transactions.

Section 3. District Responsibilities for Implementing Filtering Technology.

(1) A local school district shall implement filtering technology in every school which has a dedicated network connection.

(2) A local school district shall implement filtering technology in a school no later than thirty (30) days after the telecommunications circuit is activated.

(3) Every school district shall:

(a) Adopt one (1) or more filtering technologies for use in its schools which conform to the guidelines for filtering technologies as provided in the Master Plan for Education Technology, 701 KAR 5:110, for the Kentucky Education Technology System;

(b) Provide the technical assistance necessary to implement and maintain filtering technology in every school; and

(c) Ensure that the filtering technology is operational seven (7) days a week, twenty-four (24) hours a day with reasonable provision for scheduled outages and maintenance.

Section 4. Preventing Student Access to Sexually Explicit Materials Through Electronic Mail.

(1) To prevent student access to sexually explicit materials which may be sent or received via electronic mail, a local school district shall limit electronic mail use to those systems approved by the Kentucky Department of Education as meeting standards for electronic mail systems as provided in the Master Plan for Education Technology, 701 KAR 5:110, for the Kentucky Education Technology System;

(2) A school district using electronic mail systems which do not meet these standards shall migrate to a system approved by the Department of Education no later than June 30, 1999.

(3) A school district shall include in its acceptable use policies provisions which prohibit students, faculty, staff and others with network access from using district resources to establish Internet email accounts through third party providers or any other nonstandard electronic mail system.

Section 5. Compliance Monitored Through Planning Process. The Department of Education shall ascertain compliance with these provisions as a condition of school district participation in the offers of assistance process for education technology funds.

History

RELATES TO: KRS 156.160, 156.675
STATUTORY AUTHORITY: KRS 156.070, 156.160, 156.675
NECESSITY, FUNCTION, AND CONFORMITY: 1998 Ky. Acts ch. 330 authorizes the Kentucky Board of Education to promulgate administrative regulations necessary to prevent sexually explicit material from being transmitted from or received by any computing or telecommunications system used in local schools and school districts. This administrative regulation requires school districts to implement acceptable use policies and to use filtering technologies in every school. The administrative regulation also specifies the Kentucky Department of Education's responsibilities to provide filtering technology to local districts, to provide technical assistance to support implementation of the regulation, and to ascertain compliance.
History: 25 Ky.R. 1279; eff. 1-19-1999; Cert eff. 11-16-2018; Cert eff. 2-6-2025.

701 KAR 5:130 Drug testing of teachers involved in illegal use of controlled substances {#sec-701-kar-5-130 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:130}

Section 1. Definitions.

(1) "Controlled substance" is defined by KRS 218A.010(5).

(2) "Has been determined through an administrative or judicial proceeding" means discipline for teacher misconduct involving the illegal use of controlled substances for which there was a right to request a hearing under KRS 161.790; and

(a) For which the teacher did not timely submit notice of intention to answer the charges;

(b) Which was the subject of a notice of intention to answer the charges which the teacher withdrew; or

(c) Which is affirmed or left undisturbed in whole or in part as a result of a final administrative or judicial order, opinion, or judgment.

Section 2. Conditions of Drug Testing.

(1)

(a) A teacher who has been determined through an administrative or judicial proceeding to have engaged in conduct involving the illegal use of controlled substances shall be subject to random and periodic drug testing at least three (3) times within a period not to exceed twelve (12) months from the date of the determination.

(b) A superintendent shall determine the length of the drug testing period within the maximum time permitted, except two (2) of the tests shall be within two (2) weeks of each other.

(2) Testing policies or practices shall provide for:

(a) Reliability of test results;

(b) Employee privacy during taking of samples;

(d) Protection of confidentiality throughout the testing process and in handling of results.

(3) This administrative regulation shall not preclude or supplant other lawful employee drug testing policies or procedures.

(4) A teacher subject to drug testing under this administrative regulation shall be provided with a copy of applicable board of education policies and shall be notified the teacher shall be subject to drug testing as a condition of continued employment.

(5) A teacher subject to drug testing who refuses to complete any part of the drug testing process shall be subject to disciplinary action under KRS 161.175 and 161.790.

(6) A positive result may be grounds for immediate reassignment of duties or disciplinary action including termination under KRS 161.175 and 161.790.

(7) Results of drug testing shall be:

(a) Confidential;

(b) Separate from the personnel file; and

Upon written consent of the individual;
Upon lawfully issued administrative or court order or compulsory process (such as subpoena);
As needed to address work-related health or safety risks; or
To be used in administrative or court action.

History

RELATES TO: KRS 160.380, 161.175, 161.790, 218A.010(5)
STATUTORY AUTHORITY: KRS 156.070, 161.175
NECESSITY, FUNCTION, AND CONFORMITY: KRS 161.175 requires the Kentucky Board of Education to promulgate an administrative regulation relating to drug testing as a condition of retaining employment for certified employees determined to have engaged in misconduct involving the illegal use of controlled substances. This administrative regulation establishes criteria and procedures for drug testing of a teacher disciplined and determined to have engaged in misconduct involving the illegal use of controlled substances.
History: 34 Ky.R. 1327; 1980; eff. 3-7-2008; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

701 KAR 5:150 Nontraditional instruction program {#sec-701-kar-5-150 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:150}

Section 1. Definitions.

(1) "Comprehensive District Improvement Plan" shall have the same meaning as defined in 703 KAR 5:225, Section 1(3).

(2) "Continuation of learning" means the provision of rigorous educational activities that extend or maintain progress within the established curriculum and instructional sequence.

(3) "District Nontraditional Instruction Contact" means the designated individual responsible for overseeing the implementation, coordination, and compliance of nontraditional instruction activities within a school district.

(4) "Instructional delivery method" means the delivery system and instructional techniques used in meeting the learning needs of students regardless of their physical location .

(5) "Learning loss" means a measurable decline or stagnation in student academic performance resulting from short-term interruptions to traditional, in-person instruction.

(6) "Minimum school term" or "school term" is defined in KRS 158.070(1)(b).

(7) "Nontraditional instruction day" means a day during the school term that a local school district is closed for health or safety reasons that is approved by the commissioner, pursuant to KRS 158.070(9), to be the equivalent to a student attendance day.

(8) "Nontraditional instruction plan" means the strategy approved by the commissioner and implemented by a local school district to ensure instruction on nontraditional instruction days is a continuation of learning that is occurring on regular student attendance days as required by KRS 158.070(9).

(9) "Professional learning plan" means the strategy implemented to ensure staff in a local school district acquire, enhance, and refine the knowledge, skills, practices, and dispositions necessary to create and support high levels of learning for all students.

(10) "Student attendance day" is defined in KRS 158.070(1)(e).

Section 2. Nontraditional Instruction Plan.

(1) A district seeking commissioner approval, pursuant to KRS 158.070, of a nontraditional instruction plan shall annually incorporate it within the Comprehensive District Improvement Plan.

(2) A nontraditional instruction plan incorporated within the Comprehensive District Improvement Plan shall:

(a) Provide an overview of the district's vision for ensuring a continuation of learning when implementing nontraditional instruction;

(b) Describe in detail:

How instruction shall be delivered for students in nontraditional settings;
The steps the district shall take to ensure a continuation of learning occurs for students in nontraditional settings;
How, if at all and to the extent permitted by applicable statutes and administrative regulations, the district shall ensure a continuation of learning occurs for those students utilizing, for any reason, nontraditional instruction during time periods when the district may be offering and providing in-person instruction to other students;
How the district shall ensure a continuation of learning for students with Individual Education Plans in nontraditional settings;
Additional efforts that may be necessary to ensure a continuation of learning for other special populations of students in nontraditional settings;
How the district has coordinated or will coordinate with other educational entities to ensure a continuation of learning for students in nontraditional settings;
How teachers shall instruct, support, and communicate with students to ensure academic progress as well as promote social and emotional well-being for students in nontraditional settings;
The professional learning activities the district shall provide certified staff to ensure they have the skills necessary to provide a continuation of learning for students in nontraditional settings;
How the district shall deploy all staff when school is closed to in-person instruction;
The partnerships the district has established with other community agencies to increase opportunities for a continuation of learning for students in nontraditional settings;
The district's communication plan for parents, students, and community members for students in nontraditional settings;
The district's plan for collecting and archiving the evidence of student learning samples required by Section 3(3) of this administrative regulation; and
The name and contact information for the districts nontraditional instruction contact.

(d) Provide other evidence deemed necessary by the department to effectively review and approve or deny a district's nontraditional instruction plan.

(3) The department shall provide technical assistance, upon request, to districts prior to the incorporation of a nontraditional instruction plan within the Comprehensive District Improvement Plan.

(4) A district shall submit the nontraditional instruction plan to the department by May 1 for implementation at the beginning of the upcoming school term.

(5) The commissioner or his designee shall review and approve or deny a completed nontraditional instruction plan within forty-five (45) days from receipt.

(6) An approved nontraditional instruction plan shall be effective only for one (1) school year.

(7)

(a) A district approved to participate in the nontraditional instruction program may amend its nontraditional instruction plan as needed at any time by submitting a written amendment request to the department.

(b) The amendment request shall contain a description of the amendment, proposed timeline for implementation, and justification for the request.

(c) The Commissioner or his designee shall review the amended nontraditional instruction plan and approve or deny it within forty-five (45) days of the amendment submission.

(d) Amendments made to a district approved plan shall not be implemented until after the amendment is approved by the department.

Section 3. Documentationof Nontraditional Instruction Days.

(1) Upon approval of a district's nontraditional instruction plan, the commissioner may approve the use of nontraditional instruction days on days when the district is closed for health or safety reasons pursuant to KRS 158.070.

(2) An approved nontraditional instruction plan grants the district the ability to use one (1) or more nontraditional instruction days. Each day shall be properly recorded in the statewide student information system prior to the last day of the school year.

(3) Districts shall maintain an archive of clear evidence demonstrating that a continuation of learning from regular student attendance days occurs on nontraditional instruction days. Clear evidence may include:

(a) Examples of student work;

(b) Lesson plans;

(d) Examples of teacher-student communication; or

(e) Other documentation determined appropriate by the district nontraditional instruction contact in consultation with the Department.

(4) The district archive described in subsection 3 of this section shall include the following:

(a) For students in Kindergarten through Fifth Grade, one (1) piece of clear evidence of student learning for each grade level for reading, math, and one (1) other content area for each nontraditional instruction day; and

(b) For students in sixth through twelfth grade, one (1) piece of clear evidence of student learning for each grade level in each content area for each nontraditional instructional day.

Section 4. Monitoring of Nontraditional Instruction Programs.

(1) At the conclusion of each school term, a district may be required to participate in monitoring conducted by a review team selected and trained by the department. The purpose of the monitoring is to monitor the district's progress in implementing the approved nontraditional instruction plan. Monitoring may be performed on or off site as determined by the Commissioner or his designee.

(2) If monitoring is conducted by the department, it shall:

(a) Be made following adequate advanced notice to the district; and

(b) Include the gathering of information through the examination of records related to the district's implementation of the approved nontraditional instruction plan, including amendments if applicable, and through interviews with district leadership, staff, and students as well as other stakeholders.

(3) In addition to any monitoring that may be conducted pursuant to subsections (1) and (2) of this section, a district shall, upon request, make the following available for inspection by the department:

(a) Documentation of the instructional delivery methods used on nontraditional instruction days;

(b) Evidence demonstrating the district provides access on nontraditional instruction days to online resources, if used, and equitable instructional materials for students who do not have access to the internet and for students needing to access information differently;

(c) Clear evidence demonstrating a continuation of learning from regular student attendance days occurs on nontraditional instruction days;

(d) Evidence demonstrating the district ensures implementation of Individual Education Programs for students with disabilities, including the involvement of the Admissions and Release Committee in planning for and making decisions related to the participation and needs of students with disabilities, on nontraditional instruction days;

(e) Evidence demonstrating the district ensures implementation of other student-specific educational plans, including Program Service Plans for English Learners and Gifted Student Service Plans for students identified as gifted and talented, on nontraditional instruction days;

(f) Data demonstrating student participation and student learning on nontraditional instruction days;

(g) Evidence demonstrating how each job category within the district fulfills contractual obligations on nontraditional instruction days and data, including teacher work logs, demonstrating employee participation on nontraditional instruction days;

(h) The professional learning plan implemented by the district to ensure certified staff have the knowledge and capacity to provide instruction on nontraditional instruction days and evidence demonstrating implementation;

(i) Where appropriate, agreements about nontraditional instruction days between the district and educational agencies that are external to the district but have students of the district in attendance on a part-time or full-time basis;

(j) Evidence demonstrating stakeholder involvement in developing and implementing nontraditional instruction days;

(k) Methods used by the district to relay information about nontraditional instruction days to students and families; and

(l) Other evidence deemed necessary by the department to effectively monitor the implementation of the approved nontraditional instruction plan, including amendments if applicable.

Section 5. Corrective Action.

(1) The commissioner or his designee may require a period of corrective action and enhanced monitoring of a district's nontraditional instruction program as a result of evidence collected pursuant to monitoring conducted under Section 4 of this administrative regulation.

(2) If the determination to require corrective action was made as the result of off-site monitoring, the district shall receive a site visit from a review team selected and trained by the department. The site visit shall include the same requirements as the on-site monitoring visit established in Section 4 of this administrative regulation.

(3) Following the on-site monitoring, the Department shall develop a corrective action plan in collaboration with the district. The corrective action plan shall include:

(a) A description of each area of noncompliance identified by the monitoring team and the supporting evidence used to identify the area of noncompliance;

(b) Specific actions to be taken by the district to remedy issues of noncompliance; and

(4) A district shall be released from corrective action following the successful completion of the corrective action plan.

(5) A district that has exited corrective action shall undergo an on-site monitoring visit in the school year following the completion of the corrective action plan to ensure that compliance has been sustained.

History

RELATES TO: KRS 158.070
STATUTORY AUTHORITY: KRS 156.029, 156.070, 156.160, 158.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.029 (9) requires the Kentucky Board of Education (KBE) to adopt policies and administrative regulations by which the Kentucky Department of Education (department) shall be governed in planning and operating programs within its jurisdiction. KRS 156.070(5) requires the KBE, upon the recommendation of the Commissioner of Education (Commissioner), to establish policy or act on all programs, services, and other matters which are within the administrative responsibility of the department. KRS 158.070 requires the KBE to promulgate an administrative regulation to prescribe the conditions and procedures for local education agencies (districts) to be approved for the nontraditional instruction program. This administrative regulation establishes the requirements and approval process for districts to be approved for the nontraditional instruction program.
History: 701 KAR 005:150. 45 Ky.R. 1468, 2329; eff. 3-8-2019; 47 Ky.R. 1061, 1554; eff. 5-4-2021; 52 Ky.R. 886, 1136; eff. 5-5-2026.

701 KAR 5:160 Selection and appointment of non-voting Kentucky board of education members {#sec-701-kar-5-160 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:160}

Section 1. Definitions.

(1) "Board" means the Kentucky Board of Education as established in KRS 156.029 and 156.035.

(2) "Commissioner" means the Commissioner of Education appointed by the Kentucky Board of Education pursuant to KRS 156.148.

(3) "Student" means a person enrolled in a Kentucky public high school and classified by the Kentucky public high school as a junior on July 1 of the calendar year for which appointment is sought.

(4) "Teacher" means a person employed on a full-time basis by a Kentucky public school district in a position for which certification is required pursuant to KRS 161.020, and who is not employed in an administrative role.

Section 2. Recommendation and Selection of Non-voting Teacher Member.

(1) An application for consideration to become a non-voting teacher member of the board shall contain:

(a) The applicant's name, home address, public school district of employment, and congressional district of residence;

(b) A resume or curriculum vitae for the applicant;

(c) A narrative statement by the applicant explaining why the applicant wants to serve as a non-voting teacher member of the board;

(d) A statement of assurance from the applicant that the applicant meets the definition of a "teacher" as defined by Section 1(4) of this administrative regulation; and

(e) A description of any pending or final disciplinary action against the applicant by the Education Professional Standards Board.

(2) No later than March 1 of each calendar year, the commissioner or the commissioner's designee shall publicly advertise the application process established in this administrative regulation to become a non-voting teacher member of the board. The public advertisement may be in electronic format and shall be included in a publication designed to reach Kentucky public school teachers. The public advertisement shall contain:

(a) The composition, authority, and duties of the board;

(b) The time commitment expected of board members;

(c) The eligibility requirements established in KRS 156.029 and this administrative regulation to be selected as a non-voting teacher member of the board;

(d) The selection process for the non-voting teacher member of the board;

(e) All required application materials as established in subsection(1) of this section;

(f) The method of application material submission, including the name and address of the individual designated by the commissioner or commissioner's designee to receive applications; and

(g) The deadline by which all application materials shall be received for consideration, which shall be no later than April 1 of the calendar year for which applications are sought.

(3) Within three (3) business days following the deadline established in subsection (2) of this section, the commissioner or commissioner's designee shall forward all eligible applications to the commissioner's Teacher Advisory Council for review and recommendation. Applications for applicants who are ineligible for appointment because they do not meet the requirements of KRS 156.029 or this administrative regulation shall not be forwarded to the commissioner's Teacher Advisory Council for review and recommendation.

(4) The commissioner's Teacher Advisory Council, or a subset of the council designated by a majority vote of the full council, shall review applications forwarded by the commissioner or commissioner's designee for the non-voting teacher member of the board. No later than May 1, the commissioner's Teacher Advisory Council shall recommend to the board three (3) candidates from the applications for selection as the non-voting teacher member of the board. If the commissioner's Teacher Advisory Council fails to take action to make a recommendation to the board by May 1, within five (5) business days after May 1, the Commissioner shall recommend to the board three (3) candidates from the applications for selection as the non-voting teacher member of the board.

(5) No later than its last regular meeting of the fiscal year, the board shall consider the recommendation pursuant to subsection (4) of this section and, by majority vote, select one (1) candidate to serve as the non-voting teacher member of the board for a one (1) year term, which shall begin on July 1 immediately following the board's selection, and expire on the following June 30.

(6) The non-voting teacher member of the board serving a term to begin on July 1, 2022 and to expire on June 30, 2023, shall reside in Kentucky's Sixth (6th) congressional district as established by KRS 118B.160. Successive non-voting teacher members shall rotate among the state's congressional districts in numerical order.

Section 3. Recommendation and Selection of Non-voting Student Member.

(1) An application for consideration to become a non-voting student member of the board shall contain:

(a) The applicant's name, home address, public school district of enrollment, and congressional district of residence;

(b) A resume or curriculum vitae for the applicant;

(c) A narrative statement by the applicant explaining why the applicant wants to serve as a non-voting student member of the board;

(d) Two (2) letters of recommendation from a teacher, school administrator, employer, coach, or volunteer supervisor explaining why the applicant should be appointed to the board; and

(e) If the student is a minor, a parental consent form signed by a parent or guardian acknowledging the time commitment and periodic travel requirements of board members, and providing consent for the applicant to participate as a non-voting student member of the board if selected.

(2) No later than March 1 of each calendar year, the commissioner or the commissioner's designee shall publicly advertise the application process established in this administrative regulation to become a non-voting student member of the board. The public advertisement may be in electronic format and shall be included in a publication designed to reach Kentucky public school teachers and superintendents for further dissemination to students. The public advertisement shall contain:

(a) The composition, authority, and duties of the board;

(b) The time commitment expected of board members;

(c) The eligibility requirements established in KRS 156.029 and this administrative regulation to be selected as a non-voting student member of the board;

(d) The selection process established in this administrative regulation for the non-voting student member of the board;

(e) All required application materials as established in subsection(1) of this section;

(f) The method of application material submission, including the name and address of the individual designated by the commissioner or commissioner's designee to receive applications; and

(g) The deadline by which all application materials shall be received for consideration, which shall be no later than April 1 of the calendar year for which applications are sought.

(3) Within three (3) business days following the deadline established in subsection (2) of this section, the commissioner or commissioner's designee shall forward all eligible applications to the commissioner's Student Advisory Council for review and recommendation. Applications for applicants who are ineligible for appointment because they do not meet the requirements of KRS 156.029 or this administrative regulation shall not be forwarded to the commissioner's Student Advisory Council for review and recommendation.

(4) The commissioner's Student Advisory Council, or a subset of the council designated by a majority vote of the full council, shall review applications forwarded by the commissioner or commissioner's designee for the non-voting student member of the board. No later than May 1, the commissioner's Student Advisory Council shall recommend to the board three (3) candidates from the applications for selection as the non-voting student member of the board. If the commissioner's Student Advisory Council fails to take action to make a recommendation to the board by May 1, within five (5) business days after May 1, the commissioner shall recommend to the board three (3) candidates from the applications for selection as the non-voting student member of the board.

(5) No later than its last regular meeting of the fiscal year, the board shall consider the recommendation pursuant to subsection (4) of this section and, by majority vote, select one (1) candidate to serve as the non-voting student member of the board for a one (1) year term, which shall begin on July 1 immediately following the board's selection, and expire on the following June 30.

(6) The non-voting student member of the board serving a term to begin on July 1, 2022 and to expire on June 30, 2023, shall reside in Kentucky's Fourth (4th) congressional district as established by KRS 118B.140. Successive non-voting student members shall rotate among the state's congressional districts in numerical order.

Section 4. Selection to Fill an Unexpired Term as a Result of Resignation or Death. In the event of resignation or death of a non-voting board member selected and appointed pursuant to this administrative regulation, the board shall re-consider the recommendation utilized when it selected the resigned or deceased non-voting member and, by majority vote, select one (1) candidate to serve the unexpired term resulting from the resignation or death of the non-voting member.

Section 5. Appointment.

(1) Following action by the board to select a non-voting member pursuant to this administrative regulation, the board's action shall be memorialized in a written resolution signed by the board chair.

(2) No later than five (5) business days following board action to select a non-voting member pursuant to this administrative regulation, the commissioner shall forward the board's written resolution to the Governor and Secretary of State so both may take notice of the action pursuant to KRS 156.029 and this administrative regulation.

History

RELATES TO: KRS 118B.140, 118B.160, 156.029, 156.035
STATUTORY AUTHORITY: KRS 156.029(3), 156.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.029(1) authorizes the Kentucky Board of Education, including an active public elementary or secondary school teacher and a public high school student serving as non-voting members of the board. KRS 156.029(3) requires the Kentucky Board of Education to promulgate an administrative regulation establishing the process for selecting the non-voting teacher and non-voting student member to serve on the board. This administrative regulation establishes the process for the selection and appointment of a non-voting active public elementary or secondary school teacher and a non-voting public high school student to serve on the Kentucky Board of Education.
History: 48 Ky.R. 1075, 1748; eff. 3-1-2022.

701 KAR 5:170 Waiver requests {#sec-701-kar-5-170 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:170}

Section 1. Definitions.

(1) "Amendment application" means a waiver request wherein a school district board of education seeks to amend the waiver of a statute or administrative regulation previously granted to the requestor by the Kentucky Board of Education and still in effect as of the date of the waiver request.

(2) "Commissioner" means the commissioner of the department.

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

(4) "New application" means a waiver request wherein a school district board of education seeks a waiver of a statute or administrative regulation not previously granted to the requestor by the Kentucky Board of Education, or previously granted to the requestor by the Kentucky Board of Education but expired or terminated as of the date of the waiver request.

(5) "Renewal application" means a waiver request wherein a school district board of education seeks renewal of a waiver of a statute or administrative regulation previously granted to the requestor by the Kentucky Board of Education and still in effect as of the date of the waiver request.

(6) "Special education maximum class size application" means a waiver request wherein a superintendent or school-based decision making council seeks a waiver of the special education class sizes prescribed in 707 KAR 1:350, or to renew a waiver of the special education class sizes prescribed in 707 KAR 1:350 previously granted to the requestor by the Kentucky Board of Education and still in effect as of the date of the waiver request.

(7) "Waiver request" means a request to waive statutes or administrative regulations made pursuant to KRS 156.161 and this administrative regulation.

Section 2. Waiver Request Application.

(1) A waiver request shall be in the form of a new application, a renewal application, an amendment application, or a special education maximum class size application, and shall comply with the requirements of this section.

(2) A waiver request shall be submitted by U.S. mail to the department with the phrase "Attn: Waiver Request" in the address. The Commissioner may allow email submission of waiver requests at his or her discretion to an email address selected by the Commissioner.

(3) A new application shall include an Application Cover Sheet, and attached thereto a Specific Waiver Request Form for each statute or administrative regulation from which the requestor seeks a waiver.

(4) A renewal application shall include an Application Cover Sheet, and attached thereto a Renewal Application Form.

(5) An amendment application shall include an Application Cover Sheet, and attached thereto an Amendment Request Form.

(6) A special education maximum class size application shall include a Special Education Maximum Class Size Request Form.

(7) A waiver request shall be deemed incomplete if:

(a) The request fails to include all forms required for the waiver request as provided in subsections (3) – (6) of this section;

(b) The forms required for the waiver request as provided in subsections (3) – (6) of this section contain missing or incomplete responses; or

(c) Attachments prescribed within the forms required for the waiver request as provided in subsections (3) – (6) of this section are missing or incomplete.

Section 3. Receipt and Technical Review.

(1) Upon receipt of a waiver request, the department shall:

(a) Notate the date the department received the request;

(b) Assign a number to identify the request;

(c) Notify the Kentucky Board of Education that the waiver request will appear on its next regular meeting for review and decision; and

(d) Perform a technical review of the waiver request as set forth in subsection (2) of this section.

(2) The department shall perform the following technical review for each waiver request received:

(a) Calculate the number of calendar days from the date noted on the waiver request pursuant to subsection (1)(a) of this section and the next regular meeting of the Kentucky Board of Education following that date;

(b) Determine whether the waiver request seeks waiver of any statute or administrative regulation set forth in KRS 156.161(1)(a)-(j); and

(c) Determine whether the waiver request meets the requirements of KRS 156.161(2) and Section 2 of this administrative regulation.

(3) Following the technical review performed pursuant to subsection (2) of this section, the department shall notify the party submitting the waiver request of the following:

(a) The date the department received the waiver request;

(b) The number assigned by the department to identify the waiver request;

(d) If the number of calendar days calculated pursuant to subsection (2)(a) of this section is less than forty-five (45), that denial of the waiver request shall be recommended to the Kentucky Board of Education due to insufficient time to conduct a meaningful review of the request, unless the Commissioner determines the waiver request is narrowly tailored to address an emergency situation requiring timely action by the Kentucky Board of Education;

(e) If the waiver request seeks waiver of any statute or administrative regulation set forth in KRS 156.161(1)(a)-(j), that denial of those portions of the request shall be recommended to the Kentucky Board of Education;

(f) If the waiver request does not meet the requirements of KRS 156.161(2) or Section 2 of this administrative regulation, that denial of the request shall be recommended to the Kentucky Board of Education, along with a description of how the request does not meet the requirements of KRS 156.161(2) or Section 2 of this administrative regulation;

(g) Instructions on how the party submitting the waiver request may voluntarily withdraw its request from Kentucky Board of Education review prior to the date set forth in paragraph (c) of this subsection; and

(h) Instructions on how the party submitting the waiver request may request that the Kentucky Board of Education act upon the request on a date different from that set forth in paragraph (c) of this subsection.

(4) Following the notice provided in subsection (3) of this section, the department shall take the following steps in processing the waiver request:

(a) If the waiver request is recommended to the Kentucky Board of Education for denial as set forth in paragraph (d) or (f) of subsection (3) of this section, the recommendation shall be forwarded to the Kentucky Board of Education and the department shall terminate further review of the waiver request pursuant to this administrative regulation;

(b) If portions of the waiver request are recommended to the Kentucky Board of Education for denial as set forth in paragraph (e) of subsection (3) of this section, the recommendation shall be forwarded to the Kentucky Board of Education and the department shall terminate further review of those portions of the waiver request pursuant to this administrative regulation; and

(c) Any waiver request, or portion thereof, not recommended for denial to the Kentucky Board of Education as set forth in paragraphs (d) – (f) of subsection (3) of this section shall proceed to substantive review pursuant to Section 4 of this administrative regulation.

Section 4. Substantive Review.

(1) A waiver request, or portion thereof, that proceeds to substantive review pursuant to subsection (4)(c) of Section 3 of this administrative regulation shall be reviewed and recommended by the Commissioner to the Kentucky Board of Education for approval or denial following the review.

(2) In reviewing and evaluating the waiver request for a recommendation pursuant to subsection (1) of this section, the Commissioner shall consider the following factors:

(a) The entirety of the waiver request as set forth in subsections (3) – (6) of Section 2 of this administrative regulation;

(b) Student academic achievement for the past three (3) full school years for which data is available in the schools and programs identified in the waiver request;

(c) Whether and to what extent the waiver request describes processes the requesting party will utilize to measure success as a result of the waiver, if granted, using data and accountability;

(d) The likelihood of the schools and programs identified in the waiver request realizing meaningful operational efficiency improvements if the waiver is granted;

(e) The likelihood of the students enrolled in the schools and programs identified in the waiver request realizing improved academic achievement if the waiver is granted;

(f) Whether and to what extent the waiver request reasonably anticipates potential adverse impacts on student academic achievement and addresses those potential adverse impacts;

(g) Whether and to what extent the waiver request demonstrates the establishment of high expectations for student learning and evidence based best practices for learning in the schools and programs identified in the request; and

(h) For special education maximum class size applications, any additional factors to be considered pursuant to 707 KAR 1:350 for waiver or exemption of special education maximum class sizes.

(3) Following review and evaluation as provided in subsection (2) of this section, the Commissioner shall recommend approval of a waiver request, or portion thereof, only if he or she finds the requested waiver is more likely than not:

(a) To improve school or program operations without hindering student academic achievement; or

(b) To improve student academic achievement at the school or program.

Section 5. Notification of Kentucky Board of Education Action.

(1) Within ten (10) business days following action by the Kentucky Board of Education on any waiver request, the department shall notify the requesting party of:

(a) The action taken by the Kentucky Board of Education on the waiver request; and

(b) If any portion of the waiver request was granted:

The specific statutes or administrative regulations waived;
The schools or programs to which the waiver applies;
The expiration date of the waiver granted;
The process to file a renewal application to avoid expiration of the waiver granted; and
The process to file an amendment application to seek future amendments to the waiver granted.

(2) The department shall maintain a list of waiver requests granted by the Kentucky Board of Education. The department shall remove from the list any waivers that are no longer effective due to expiration or termination.

Section 6. Termination of Waiver.

(1) A party to whom a waiver request is granted may request voluntary termination of the waiver by submitting an amendment application using the procedures set forth in Section 2 of this administrative regulation.

(2) The Kentucky Board of Education may terminate a waiver it previously granted as provided in KRS 156.161(9). No less than twenty (20) calendar days prior to a meeting of the Kentucky Board of Education to consider termination of a waiver pursuant to this subsection, the department shall provide written notice to the party to whom the waiver was granted of the following:

(a) That the Kentucky Board of Education will consider termination of a previously granted waiver as provided in KRS 156.161(9);

(b) The Kentucky Board of Education meeting date when consideration and action shall occur;

(c) The reasons for potential termination of the previously granted waiver along with copies of any documents that will be considered by the Kentucky Board of Education as evidence in support of the reasons for potential termination; and

(d) That any written response of the party to whom the waiver was granted, received by the department within fifteen (15) calendar days following the date of the notice, shall be provided to the Kentucky Board of Education for its consideration prior to any action to terminate a previously granted waiver as provided in KRS 156.161(9).

(3) Within five (5) business days following any action by the Kentucky Board of Education pursuant to subsection (2) of this section, the department shall provide written notice to the party granted a waiver subject to termination action of the outcome of the Kentucky Board of Education's action pursuant to KRS 156.161(9).

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application Cover Sheet", October 2025;

(b) "Specific Waiver Request Form", June 2025;

(d) "Amendment Request Form", June 2025; and

(e) "Special Education Maximum Class Size Request Form", October 2025.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky Department of Education, 300 Sower Blvd. 5th Floor, Frankfort, Kentucky, Monday through Friday, 8:00 a.m. to 4:30 p.m. eastern time. This material may also be accessed on the Kentucky Department of Education website at: https://www.education.ky.gov/districts/legal/Pages/Kentucky-Revised-Statutes.aspx.This is to certify that the chief state school officer has reviewed and recommended this administrative regulation prior to its adoption by the Kentucky Board of Education, as required by KRS 156.070(5).

History

RELATES TO: KRS 156.070, 156.160, 156.161, 157.360, 158.854
STATUTORY AUTHORITY: KRS 156.070, 156.161
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 authorizes the Kentucky Board of Education to manage and control the common schools, including prescribing administrative regulations the Kentucky Board of Education deems necessary for the efficient management, control and operation of public schools. KRS 156.161 authorizes the Kentucky Board of Education to promulgate administrative regulations to establish procedures for processing requests to waive statutes or administrative regulations pursuant to KRS 156.161. This administrative regulation sets forth the procedures for processing requests to waive statutes or administrative regulations pursuant to KRS 156.161.
History: 701 KAR 005:170. 52 Ky.R. 520, 1157, 1338; eff. 5-5-2026.

Chapter 8 Charter Schools

701 KAR 8:010 Charter school student application, lottery, and enrollment {#sec-701-kar-8-010 omnilex-key=us-ky-regs-official--title-701--701 KAR 8:010}

Section 1. Definitions.

(1) "Academically behind" means at risk of academic failure.

(2) "Adult student" means a student who is eighteen (18) years or older who is still eligible for enrollment and attendance at a school program pursuant to KRS 158.030 and 158.100.

(3) "Applicant" is defined by KRS 160.1590(2).

(4) "At risk" means at risk of academic failure.

(5) "At risk of academic failure" means:

(a) Attendance at a school identified pursuant to KRS 160.346(2) for targeted support or intervention;

(b) Attendance at a school identified pursuant to KRS 160.346(3) for comprehensive support and improvement;

(d) Demonstration of poor academic skills, such as failure of two (2) or more subjects in two (2) of the past four (4) school years;

(e) Consistent absence or tardy and absence twenty-five (25) or more unexcused "student attendance days", as defined by KRS 158.070, in the last two (2) school years and an overall grade average below a C;

(f) Suspension (in-school suspension or home suspension) two (2) or more times during the past school year and an overall grade average below a C;

(g) Family history of dropping out or lack of family support for the student in the completion of school;

(h) Little or no participation in school cocurricular or extracurricular programs;

(i) Below grade level in reading or math skills;

(j) Indication of being socially isolated; or

(k) An applicant's definition for this term in the applicant's authorizer approved charter application, pursuant to KRS 160.1594(2).

(6) "Authorizer" or "public charter school authorizer" is defined by KRS 160.1590(15).

(7) "Charter application" is defined by KRS 160.1590(3).

(8) "Charter contract" or "contract" is defined by KRS 160.1590(4).

(9) "Charter school" means a public charter school as defined by KRS 160.1590(14).

(10) "Charter school board of directors" is defined by KRS 160.1590(5).

(11) "Cocurricular programs" means school programs that have activities that are unequivocally instructional in nature, directly related to the instructional program, and scheduled to minimize absences from classroom instruction.

(12) "Computerized randomization" means use of a computer software program for randomization.

(13) "Conversion public charter school" is defined by KRS 160.1590(6).

(14) "Days" means calendar days calculated pursuant to KRS 446.030.

(15) "Education service provider" is defined by KRS 160.1590(8).

(16) "Emancipated youth" means a student under the age of eighteen (18) who is or has been married or has by court order or otherwise been freed from the care, custody, and control of the student's parents.

(17) "Enrollment" means the process for the charter school to register a student for attendance at the charter school.

(18) "Enrollment preference" means the priority of the student application from other students applications pursuant to KRS 160.1591(5).

(19) "Extracurricular programs" means voluntary programs that are offered by a school but are not part of the required school program.

(20) "Grade" or "Grade Level" means a single elementary, middle, or high school grade of school.

(21) "Human randomization" means randomization without the use of computer randomization.

(22) "Knowingly" means that a person knew that in authorizing, ordering, or carrying out an act or omission that the act or omission constituted a violation of a statute or administrative regulation.

(23) "Local school district" is defined by KRS 160.1590(10).

(24) "Lottery" means the transparent, open, equitable, and impartial process that is competently conducted with randomization in accordance with the targeted student population and service community as established in KRS 160.1593(3) for the charter school to choose students for enrollment and attendance at the charter school if the student applications received by the charter school exceed the charter school's capacity.

(25) "Multiple" means a person who was born as a result of the same pregnancy as at least one (1) other sibling.

(26) "Notice" means written notice.

(27) "Notify" means provide written notice.

(28) "Parent" is defined by KRS 160.1590(11).

(29) "Persistently low-achieving public schools" or "Persistently low-achieving noncharter public schools" means noncharter public schools identified for comprehensive support and improvement pursuant to KRS 160.346.

(30) "Person with custody or charge" means any adult, pursuant to KRS 159.010, who falls within the definition for "interested person or entity" as defined by KRS 387.010(2) for interested person or entity and with whom the student resides.

(31) "Primary enrollment preference" means any enrollment preference other than a secondary enrollment preference.

(32) "Public charter school" is defined by KRS 160.1590(14).

(33) "Randomization" means to leave to chance alone and eliminate bias and interference.

(34) "Secondary enrollment preference" means the priority of a resident student application for enrollment in a public charter school, after acceptance of all the student applications with primary enrollment preference, if the public charter school's capacity has not been exceeded for that school year.

(35) "Student" is defined by KRS 160.1590(18) and includes any person who is entitled to enrollment and attendance at a school program as established in KRS 158.030 and 158.100.

(36) "Student application" means an application submitted to a charter school for student enrollment in the charter school.

(37) "Students with special needs" or "Special needs students" means:

(a) An "exceptional children and youth student", as defined by KRS 157.200, who is eligible pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq. for an individual education plan, as established in KRS 157.196, or an individual education program, as defined by KRS 158.281; or

(b) A student who is eligible for services pursuant to Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, to prevent substantial limitation of one (1) or more major life activities.

(38) "Year", "academic year," or "school year" means school year as established in KRS 158.050.

Section 2. Student Application.

(1) Any parent, person with custody or charge, adult student, or emancipated youth student who has the ability to enroll the student pursuant to Kentucky law may initiate a student application to a charter school for the student who is eligible for attendance at the charter school pursuant to KRS 158.030, 158.100, or 160.1591(5).

(2) Any adult student or emancipated youth student may initiate the student's own application to a charter school.

(3)

(a) A student application for enrollment in a charter school shall list the grade level the parent, person with custody or charge, adult student, or emancipated youth student understands to be the most appropriate grade level for the student based on available information.

(b) Any future determination by the resident local school district or the charter school that the student should be placed in a different grade level shall not invalidate the student's application unless the charter school determines that the parent, person with custody or charge, adult student, or emancipated youth student knowingly misrepresented the grade level most appropriate for the student on the student application.

(4) Consent of the parent, person with custody or charge, adult student, or emancipated youth student to serve on the charter school board of directors shall not be a condition for student application to the charter school.

(5) The charter school shall not limit the number of applications that it accepts from students based on ethnicity, national origin, religion, sex, income level, disabling condition, proficiency in the English language, or academic or athletic ability, in violation of the Civil Rights Act of 1964, 42 U.S.C. secs. 1981 to 2000h-6, as amended, Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, as amended, KRS 160.1591(5), or KRS 160.1592(19).

(6) The charter school shall utilize a uniform application process for all student applications, including use of the Kentucky Charter School Student Application.

Section 3. Lottery.

(1) A charter school board of directors shall create and publish policies and procedures on its Web site for conducting the lottery that include:

(a) Identification and designation of duties for charter school board members, any education service provider, charter school staff, and volunteers prior to the lottery event;

(b) Segregation of duties to decrease the likelihood of errors, mitigate the risk of interference, and increase the public perception that the lottery is a randomized, transparent, open, equitable, and impartial process that is competently conducted;

(d) Retention of records from the lottery for at least the length of the charter contract;

(e) Creation of minutes from the lottery; and

(f) Procedures for receipt, investigation, and handling of written complaints regarding the lottery with concurrent provision of all documents to the authorizer, the commissioner of education, and the Kentucky Board of Education. Procedures shall include:

Any remedies the charter school shall provide upon determination that student selection during the lottery was affected by an error committed by individuals acting on behalf of the charter school during the application or lottery processes;
Transparency in the charter school's remedying of an error; and
Actions to prevent reoccurrence of errors in the application and lottery processes in future years.

(2) A charter school shall conduct the lottery in compliance with the requirements of KRS 160.1591, 160.1592, 701 KAR Chapter 8, and its policies and procedures as established in subsection (1) of this section, which may include, as allowed by the authorizer:

(a) Selection of numbers assigned to individual students; and

(b) Human randomization or computerized randomization.

(3) The charter school shall offer primary enrollment preferences and secondary enrollment preferences only to students as established in:

(a) KRS 160.1591, 160.1592, and this administrative regulation;

(b) The charter application; and

(4) A charter school shall not conduct a lottery for enrollment if the number of student applications does not exceed the capacity of the charter school for that school year, as stated in the charter school's charter contract.

(5) If the number of student applications exceeds the capacity of the charter school for the school year, then pursuant to KRS 160.1591(5)(c), the charter school shall reserve space for enrollment of returning students and then conduct the lottery for the other student applications.

(6) If the number of student applications with enrollment preferences meeting the requirements of subsection (3) of this section exceeds the capacity of the charter school for the school year, the charter school shall include in the lottery for enrollment only those students with enrollment preferences.

(7) Selection in the lottery of a student who is a multiple shall also result in:

(a) The automatic selection of the student's multiple sibling or siblings who have submitted a student application to that charter school for attendance that school year, unless this would exceed the capacity of the charter school; or

(b) If the automatic selection of the student's multiple sibling or siblings would exceed the capacity of the charter school for that school year, the automatic placement of the student's multiple siblings at the top of the wait list.

(8) At least thirty (30) days prior to conducting a lottery, the charter school shall publish on its Web site, and provide to parents, persons with custody or charge, adult students, and emancipated youth students who have submitted student applications to the charter school, notice of the lottery and information on the lottery. The Web site publication and notice shall include:

(a) The date and location of the lottery and the information meeting to be held prior to the lottery pursuant to subsection (9) of this section;

(b) Information on the legal requirements and policies and procedures for holding the lottery;

(d) Information for filing a written complaint regarding an error committed by individuals acting on behalf of the charter school during the application or lottery processes; and

(e) Identification of the charter school for the lottery.

(9) At least twenty (20) days prior to conducting a lottery, the charter school shall hold a meeting to provide the lottery information in subsection (8) of this section to parents, persons with custody or charge, adult students, and emancipated youth students.

(10) The authorizer may include in the charter contract a requirement for the charter school to conduct a practice lottery, in the presence of the lottery monitor, to:

(a) Reduce charter school community shareholder concerns;

(b) Identify potential issues and perceptions with the selected lottery method; and

(11) The charter school shall not require the presence of the parent, person with custody or charge, adult student, or emancipated youth student at the lottery for inclusion in the lottery or for eligibility for enrollment.

(12) The charter school shall not require the consent of the parent, person with custody or charge, adult student, or emancipated youth student to serve on the charter school board of directors for inclusion in the lottery or for eligibility for enrollment.

(13) If a charter school determines capacity by grade level, then the charter school shall hold lotteries only in those grade levels for which student applications exceeded the charter school's capacity and shall hold separate lotteries, which may occur on the same date, for each of those grade levels. A student shall be eligible for the lottery for the grade level listed on the student's application, unless the charter school and the parent, persons with custody or charge, adult student, or emancipated youth student agree otherwise.

(14) The lottery and the information meeting required in subsection (9) of this section shall each be held in accordance with the Open Meetings Act, KRS 61.800 et seq., at a time and location convenient to parents, persons with custody or charge, adult students, and emancipated youth students who have submitted a student application for enrollment in the charter school.

(15) The lottery shall be monitored by a competent, independent, impartial party, the lottery monitor, who shall be selected by the charter school, to ensure compliance with KRS 160.1591 and 160.1592.

(a) The charter school shall include the identity, qualifications, and affiliations of the lottery monitor in the information provided to the public by the deadline established in subsection (8) of this section, and in the lottery information meeting held pursuant to subsection (9) of this section.

(b) Complaints regarding the competence, independence, or impartiality of the lottery monitor shall be provided in writing to the commissioner of education, who shall conduct an investigation and render a decision within seven (7) days of receipt of the written complaint.

(c) If the lottery monitor is determined by the commissioner of education to lack competence, independence, or impartiality, the commissioner of education shall appoint an individual who does meet these requirements to serve as a monitor for the lottery selection process.

(16) In the lottery, the charter school shall select students for enrollment up to the capacity of the school for that school year, and then the charter school shall select students for inclusion on the wait list above the school capacity as established in paragraphs (a) through (g) of this subsection. A charter school shall:

(a) Continue to select students for placement on the wait list until the charter school has exhausted the student applications for that school year;

(b) Ensure that lottery drawing for the wait list shall be separate from the lottery for selection of students for enrollment and that each parent, person with custody or charge, adult student, and emancipated youth student, who submitted a student application to the charter school and is placed on a wait list, shall be notified in writing of the student's inclusion on the wait list and the student's position on the wait list after the conclusion of the wait list lottery process;

(d) Maintain and continuously update accurate records of the order of the wait list;

(e) Update the wait list as students are admitted;

(f) Weekly publish on its Web site updated information on each student's position on the wait list as well as the last date for enrollment for that year. The charter school shall weekly provide each parent, person with custody or charge, or student with notice of the student's updated position on the wait list as well as the last date for enrollment for that year; and

(g) Place student applications received after the lottery on the wait list, in the order received, after the students placed on the wait list through the lottery process in this section.

Section 4. Student Enrollment.

(1) A charter school shall include in its policies and procedures on student enrollment:

(a) The status of an enrollment preference and eligibility for enrollment and attendance for a student if the student ceases to reside within the charter school's enrollment boundaries prior to or during the school year;

(b) The status of an enrollment preference for a sibling pursuant to KRS 160.1591(5)(b) if the student who was enrolled the previous school year withdraws from the charter school;

(c) The status of an enrollment preference for a student pursuant to KRS 160.1591(5)(c) if the student ceases to reside within close proximity to the school, as governed by the charter contract.

(d) The status of an enrollment preference for a student pursuant to KRS 160.1591(5)(d) if the resident ceases to be a member of the board of directors or ceases to be a full-time employee of the charter school prior to or during the school year;

(e) The status of an enrollment preference for a student pursuant to KRS 160.1591(5)(e) if the student ceases to be eligible for free or reduced price meals prior to or during the school year; and

(f) The status of an enrollment preference for a student pursuant to KRS 160.1591(5)(e) if the student's former school ceases to be a persistently low-achieving public school or a persistently low-achieving noncharter public school prior to the school year the student shall attend the charter school.

(2) A charter school shall accept student applications for enrollment and attendance from all local school district resident students who are eligible for enrollment based on KRS 158.030, 158.100, 160.1591(5).

(a) Only a student who resides within the boundaries established by the charter school's resident and non-resident enrollment policy by the student's first day of student attendance shall be eligible for enrollment and attendance at the charter school that school year.

(b) A student who attended the public charter school the previous year shall be automatically re-enrolled for attendance each school year unless:

The student has been awarded a high school diploma after meeting or exceeding the minimum requirements for high school graduation established by the Kentucky Board of Education pursuant to 704 KAR 3:305;
The charter school has expelled the student pursuant to KRS 158.150;
A court has ordered placement of the student in another school or a local school district outside the charter school's enrollment boundaries;
The student has voluntarily withdrawn from enrollment in the charter school; or
The student no longer resides within the charter school's enrollment boundaries.

(3) In addition to the requirements of KRS 160.1592(14), a charter school shall not discourage, restrict, or prohibit enrollment of a student, including based on:

(a) Whether the emancipated youth student, adult student, parent, or person with custody or charge gives consent for the charter school unilaterally to unenroll or withdraw the student from the charter school without providing the due process protections established in KRS 158.150;

(b) The student's disability, academic performance, athletic ability, or the ability of the parent or person with custody or charge to volunteer at the charter school;

(d) The student's English competence;

(e) The student's status as a student with special needs or special needs student;

(f) The student's status as a student at risk of academic failure, at risk, academically behind;

(g) The student's status as a homeless child or youth, under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11301 et seq.; or

(h) The student's eligibility for free or reduced price meals, under the Richard B. Russell National School Lunch Act, 42 U.S.C. 1751 et seq.

(4) In addition to the requirements of KRS 160.1592(14), a charter school shall not:

(a) Require or request:

An interview prior to enrollment;
Letters of recommendation;
Essays;
Resumes or information regarding a student's school or community activities;
Grades;
Test scores;
Attendance records;
Special needs student status or special needs student disability information, at risk student information, free or reduced price lunch student eligibility information, or other education record information, except to the extent allowed by the authorizer in the charter contract for the purpose of confirming and providing an enrollment preference to the student pursuant to KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8;
Disciplinary history except pursuant to KRS 158.155;
Proof of a Social Security card or number, U.S. birth certificates, visa, or citizenship;
Information on the legal residence or presence in the United States of the student, parent, or person with custody or charge; or
Information regarding the cause of any student's residency with a person other than the parent;

(b) Require a family member or person with custody or charge of the student to volunteer at the charter school or provide payment to the school, except:

As allowed in KRS 160.1592(14) for fees required on the same basis and to the same extent as other public schools; and
The charter school may encourage involvement by parents, persons with custody or charge, adult students, and emancipated youth students in the charter school if involvement is not required and there are no adverse consequences for the family or student who cannot be involved; or

(c) Require or request a parent, person with custody or charge, adult student, or emancipated youth student to consent to the charter school's withdrawal or unenrollment of the student from the charter school without providing the due process protections established in KRS 158.150.

(5) A charter school shall enroll a student in compliance with KRS 158.032 and KRS 159.010.

(6) By the first day of a student's attendance, a charter school shall verify the residence of the student within the local school district and use methods similar to those employed by a local school district to verify residence.

(7) A conversion public charter school shall accept for enrollment student applications with secondary enrollment preference after accepting student applications with primary enrollment preference, if the conversion public charter school's capacity has not been exceeded for that school year. After complying with the primary enrollment preference requirement in KRS 160.1591(5)(a), a conversion public charter school may utilize the enrollment preferences in KRS 160.1591(5)(b) through (e) in enrolling additional local school district resident students pursuant to KRS 160.1591(5)(a).

(8) A charter school shall conduct enrollment as follows:

(a) A charter school shall establish and publish on its Web site an open enrollment period during which the charter school shall accept applications for enrollment of new students;

(b) A charter school shall establish and publish on its Web site a specific deadline for notification to parents, persons with custody or charge, adult students, or emancipated youth students of the charter school's acceptance of the student's application for enrollment;

(c) A charter school shall notify parents, persons with custody or charge, adult students, and emancipated youth students with accepted applications of their opportunity to enroll in the charter school and the deadlines and required documentation for enrollment;

(d) A charter school shall establish and publish on its Web site a specific deadline during the open enrollment period for parents, persons with custody or charge, adult students, or emancipated youth students with accepted applications to notify the school of their enrollment decision and to initiate enrollment of the student in the charter school. Failure of the parent, person with custody or charge, adult student, or emancipated youth student to accept the enrollment offer and enroll the student by the deadline established by the charter school during the open enrollment period may result in the forfeiture of an enrollment preference and result in enrollment of the student that school year only if capacity of the school has not been exceeded for that school year. Prior to forfeiture of the student's enrollment offer, and until the charter school is successful in contacting the parent, person with custody or charge, adult student, or emancipated youth student, a charter school shall attempt to enroll the student by again contacting the parent, person with custody or charge, adult student, or emancipated youth student through at least two (2) of the following methods:

Phone;
Email;
Mailed correspondence; or
Home visit; and

(e) A charter school shall allow a parent, person with custody or charge, adult student, or an emancipated youth student to enroll the student for attendance at the charter school in the grade level the parent, person with custody or charge, adult student, or emancipated youth student understands to be the most appropriate grade level based on available information. Any future determination by the resident local school district or the charter school that the student should be placed in a different grade level shall not invalidate the student's enrollment.

(9) A charter school shall only require the following documentation or information for student enrollment:

(a) Proof of the student's identity and age, as required pursuant to KRS 158.032;

(b) Immunization records, as required by KRS 158.035;

(d) Home language survey, as required by 703 KAR 5:070, as a first screening process to identify students who are English learners; and

(e) Proof of the student's current grade level.

(10) A charter school may request additional information with the consent of the authorizer only to process the student applications, conduct the lottery, or enroll the charter school students, but the refusal or failure to provide additional information shall not be a cause for denial of enrollment or for withdrawal of a student.

(11) A charter school shall accept student applications from students who reside within the charter school's enrollment boundaries and enroll additional students who reside within the charter school's enrollment boundaries for that school year after the end of the open enrollment period if the charter school has capacity to educate additional students at that grade level for that school year.

Section 5. Incorporation by Reference.

(1) "Kentucky Charter School Student Application", February 2018, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, Office of Legal Services, 5th floor, 300 Building, 300 Sower Boulevard, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 157.196, 157.200, 158.030, 158.050, 158.070, 158.100, 158.281, 159.010, 160.1590, 160.1591, 160.1592, 160.1593, 160.1594, 160.1595, 160.1596, 160.1597, 160.1598, 160.1599, 160.346, 161.141, 387.010(2), 20 U.S.C. 1400 et seq., 1681, 29 U.S.C. 794, 42 U.S.C. 1981-2000h-6
STATUTORY AUTHORITY: KRS 160.1591
NECESSITY, FUNCTION, AND CONFORMITY: KRS 160.1591(6) requires the Kentucky Board of Education to promulgate an administrative regulation to guide student application, lottery, and enrollment in public charter schools. This administrative regulation establishes the requirements for charter school student application, lottery, and enrollment.
History: 44 Ky.R. 1172, 1547, 1831; eff. 3-9-2018; 49 Ky.R. 1153, 1924; eff. 7-5-2023.

701 KAR 8:020 Evaluation of charter school authorizers {#sec-701-kar-8-020 omnilex-key=us-ky-regs-official--title-701--701 KAR 8:020}

Section 1. Definitions.

(1) "Academically behind" means at risk of academic failure.

(2) "Achievement gap" is defined by KRS 160.1590(1) and 158.649(1).

(3) "Adult student" means a student who is eighteen (18) years or older who is still eligible for enrollment and attendance at a school program pursuant to KRS 158.030 and 158.100.

(4) "Applicant" is defined by KRS 160.1590(2).

(5) "Areas of exceptionality" means categories of disabilities of students with special needs.

(6) "At risk" means at risk of academic failure.

(7) "At risk of academic failure" means:

(a) Attendance at a school identified pursuant to KRS 160.346(2) for targeted support and improvement;

(b) Attendance at a school identified pursuant to KRS 160.346(3) for comprehensive support and improvement;

(d) Demonstration of poor academic skills, such as failure of two (2) or more subjects in two (2) of the past four (4) school years;

(e) Consistent absence or tardy and absence twenty-five (25) or more unexcused student attendance days in the last two (2) school years and an overall grade average below a C;

(f) Suspension (in-school suspension or home suspension) two (2) or more times during the past school year and an overall grade average below a C;

(g) Family history of dropping out or lack of family support for the student in the completion of school;

(h) Little or no participation in school cocurricular or extracurricular programs;

(i) Below grade level in reading or math skills;

(j) Indication of being socially isolated; or

(k) An applicant's definition for this term in the applicant's authorizer approved charter application, pursuant to KRS 160.1594(2).

(8) "Authorizer" or "public charter school authorizer" is defined by KRS 160.1590(15).

(9) "Authorizer's board of directors" means:

(a) The board of education for the local school district for an authorizer defined by KRS 160.1590(15)(a); and

(b) The boards of education that have collaborated to set up a regional public charter school for an authorizer defined by KRS 160.1590(15)(b).

(10) "Bilingual students" means students who are fluent in English and a foreign language, which may include American Sign Language.

(11) "Charter" means charter contract.

(12) "Charter application" is defined by KRS 160.1590(3).

(13) "Charter contract" or "contract" is defined by KRS 160.1590(4).

(14) "Charter school" means a public charter school.

(15) "Charter school board of directors" is defined by KRS 160.1590(5).

(16) "Cocurricular programs" means school programs that have activities that are unequivocally instructional in nature, directly related to the instructional program, and scheduled to minimize absences from classroom instruction.

(17) "Comprehensive learning experiences" or "Expanded learning opportunities" means daily, rigorous learning experiences that build on a student's talents, challenge the student's skills and understandings, and develop the student's ability to reason, problem solve, collaborate, and communicate to prepare the student for success in postsecondary.

(18) "Conversion public charter school" or "conversion charter school" is defined in KRS 160.1590(6).

(19) "Days" means calendar days calculated pursuant to KRS 446.030.

(20) "District of location" is defined by KRS 160.1590(7).

(21) "Education service provider" is defined by KRS 160.1590(8).

(22) "Emancipated youth" means a student under the age of eighteen (18) who is or has been married or has by court order or otherwise been freed from the care, custody, and control of the student's parents.

(23) "Enrollment preference" means the priority of the student application from other students' applications pursuant to KRS 160.1591(5).

(24) "Extracurricular programs" means voluntary programs that are offered by a school but are not part of the required school program.

(25) "Fiscal year" is defined by KRS 160.450.

(26) "Foreign entity" is defined by KRS 14A.1-070(10).

(27) "Gifted" means a gifted and talented student as defined by KRS 157.200(1)(n).

(28) "Governing board of the authorizer" means the authorizer's board of directors.

(29) "Governing body of the authorizer" means the authorizer's board of directors.

(30) "Grade" or "Grade Level" means a single elementary, middle, or high school grade of school.

(31) "Knowingly" means that a person knew that in authorizing, ordering, or carrying out an act or omission that the act or omission constituted a violation of a statute or administrative regulation.

(32) "Local school district" is defined by KRS 160.1590(10).

(33) "Parent" is defined by KRS 160.1590(11).

(34) "Persistently low-achieving public schools" or "Persistently low-achieving noncharter public schools" means noncharter schools identified for comprehensive support and improvement pursuant to KRS 160.346.

(35) "Person with custody or charge" means any adult, pursuant to KRS 159.010, who falls within the definition for interested person or entity as defined by KRS 387.010(2) for an interested person or entity and with whom the student resides.

(36) "Primary enrollment preference" means any enrollment preference other than a secondary enrollment preference.

(37) "Public charter school" is defined by KRS 160.1590(14).

(38) "School level" or "Level" or "Educational level" means the configuration of grade levels that form elementary, middle, and high schools.

(39) "Secondary enrollment preference" means the priority of a student application for enrollment in a public charter school, after acceptance of all the student applications with primary enrollment preference, if the public charter school's capacity has not been exceeded.

(40) "Start-up public charter school" means a public charter school that did not exist as a noncharter public school prior to becoming a public charter school.

(41) "Student" is defined by KRS 160.1590(18) and includes any person who is entitled to enrollment and attendance at a school program as provided in KRS 158.030 and 158.100.

(42) "Student attendance day" is defined by KRS 158.070(1)(e).

(43) "Students with special needs" or "Special needs students" means:

(a) Exceptional children and youth students, as defined in KRS 157.200, who are eligible pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. secs. 1400 et seq. for an individual education plan, as described in KRS 157.196, or an individual education program, as described in KRS 158.281; or

(b) Students who are eligible for services under Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. sec. 794, to prevent substantial limitation of one (1) or more major life activities.

(44) "Substantial hardship" means a significant, unique, and demonstrable economic, technological, legal, or other impact on a local school district that impairs the district's ability to continue to successfully meet the requirements of educational programs or services for the district's students.

(45) "Superintendent" means the local school district employee tasked with the duties established in KRS 160.370.

(46) "Traditionally underperforming" means at risk of academic failure.

(47) "Unilateral imposition of conditions" means the authorizer has placed or attempted to place conditions or requirements that are not required by KRS 160.1590 to 160.1599, 161.141, or 701 KAR Chapter 8:

(a) On the applicant in the authorizer's formal action approving the charter application; or

(b) On the charter school in the charter contract or an amendment.

(48) "Unilaterally imposed conditions" or "Unilateral conditions" or "Conditions unilaterally imposed" means conditions or requirements not required by KRS 160.1590 to 160.1599, 161.141, or 701 KAR Chapter 8 that the authorizer places or attempts to place:

(a) On the applicant in the authorizer's formal action approving the charter application; or

(b) On the charter school in the charter contract or an amendment.

(49) "Urban academy" is defined by KRS 160.1590(19).

(50) "Year", "academic year", or "school year" means school year as established in KRS 158.050.

Section 2. Policies and Procedures. Pursuant to KRS 160.1594, an authorizer shall create policies and procedures governing the authorizer's performance of its duties under KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8 and shall include in its policies and procedures:

(1) The authorizer's strategic vision for chartering, including a clear statement of any preference for a charter application that demonstrates the intent, capacity, and capability to provide comprehensive learning experiences or expanded learning opportunities to students identified in KRS 160.1594(2) or 160.1592(19);

(2) Identification of any charter application preferences of the authorizer pursuant to KRS 160.1594(2);

(3) Information on the authorizer's performance contracting requirements, including:

(a) Academic, financial, and operational measures, and the performance frameworks, that the authorizer has developed for public charter school oversight and evaluation and with which the authorizer shall evaluate the charter school's performance under the charter contract, in accordance with KRS 160.1594 and 701 KAR Chapter 8; and

(b) Requirements for executing a contract with a charter school board of directors that articulates:

The rights and responsibilities of each party regarding school autonomy;
Funding;
Administration and oversight;
Outcomes;
Measures for evaluating success or failure;
Performance consequences; and
Other material terms;

(4) The evidence the authorizer shall require, the evaluation the authorizer shall conduct using the performance framework, and other aspects of the authorizer's ongoing monitoring of the charter school including:

(a) Ensuring a charter school's legally entitled autonomy;

(b) Protecting student's civil, disability, safety, and educational rights;

(d) Informing intervention, revocation, and renewal decisions; and

(e) Providing annual reports as required by KRS 160.1596;

(5) The requirements for reporting to the public;

(6) The authorizer's authority to intervene in charter schools, if necessary;

(7) Guidelines concerning the format and content essential for an applicant to demonstrate the capacities necessary to establish and operate a public charter school, pursuant to KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8;

(8) The timeline for submission, acceptance, review, decision, and appeal for a charter application, and a request for renewal, which includes clear deadlines. An authorizer described in KRS 160.1590(15)(c) and (d) shall consult with the superintendent of the resident local school district if planning this timeline;

(9) A template of the assurances an authorizer shall require in a charter contract;

(10) The following evidence sufficiency requirements for the charter application:

(a) The charter school board of directors' ability to meet the financial solvency and sustainability demands of their proposed budget;

(b) Competent and timely charter school start-up and operation;

(d) All debts and obligations during each fiscal year of the charter contract and during the entire contract term;

(11) The financial transparency requirements that shall apply to a charter school, including specific provisions regarding publication on the authorizer's website and the charter school's Web site;

(12) The charter school closure protocol and requirements;

(13) A description of the authorizer's organizational capacity, including its commitment of human and financial resources necessary to conduct authorizing duties effectively and efficiently;

(14) The authorizer's requirements for solicitation and evaluation of a charter application, including its implementation of a comprehensive application process that includes use of the Kentucky Charter School Application and Addendum, and rigorous criteria, and approval of only a charter application that demonstrates a strong capacity to establish and operate a charter school;

(15) The authorizer's charter renewal and revocation processes and rigorous criteria, including its design and implementation of a transparent and rigorous process that uses comprehensive academic, financial, and operational performance data to make merit-based renewal and revocation decisions; and

(16) The requirements of KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8 for an applicant, a board of directors, an education service provider, a charter school, and their employees.

Section 3. Standards of Authorizer Performance Generally.

(1) Prior to authorizing a charter school, an authorizer as established in KRS 160.1590(15)(c) and (d) shall file the Notice of Intent with the Kentucky Board of Education.

(2) An authorizer shall restrict the expenditure of funds received as a result of charter authorization and oversight to the purpose of fulfilling authorizing obligations pursuant to KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8.

(3) Pursuant to KRS 160.1596(17)(e), an authorizer shall include in its report and place in a publicly accessible location on its website information on the following:

(a) The oversight and any services provided by the authorizer to the public charter schools under the authority of the authorizer;

(b) The authorizing functions provided by the authorizer to the public charter schools under its jurisdiction, including the operating costs and expenses of the authorizer as detailed in annual audited financial statements that conform to generally accepted accounting principles;

(c) All use of charter authorizing revenue including expenditures, contracts, and revenues, in the format required by the commissioner of education; and

(d) The reports that an authorizer is required to make pursuant to KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8.

(4)

(a) Pursuant to KRS 160.1594 and except as specified in Section 3(4)(b) of this administrative regulation, prior to evaluating a charter application, each authorizer or member of the authorizer's board of directors or governing board shall complete six (6) hours of training, as approved by the Commissioner of Education, which shall include the following topics pertinent to authorizer responsibility and charter school formation and operation:

Financial governance and transparency;
Conflict of interest;
Charter application;
Charter school contracting;
Charter school monitoring;
Charter school renewal, nonrenewal, and revocation;
Charter school closure;
Ethics;
Curriculum and instruction;
Educational services provided for special needs, at risk, English learner, gifted, and other special population students; and
Physical restraint and seclusion of students; and

(b) An authorizer or member of the authorizer's board of directors or governing board that completed all training requirements pursuant to Section 3(4)(a) of this administrative regulation in the immediately preceding twelve (12) months prior to receipt of a charter school application shall be exempt from completing training pursuant to Section 3(4)(a) of this administrative regulation prior to evaluating that charter school application.

(5) An authorizer shall submit to the department a written assurance of a charter school's compliance with the pre-operating requirements in this administrative regulation and in the charter contract before the opening of the charter school.

(6) An authorizer shall require the sharing of best practices between the charter school and the resident local school district.

Section 4. Standards of Authorizer Performance Concerning Charter Applications.

(1) Pursuant to KRS 160.1591 and 160.1594(1)(e)2., and to the extent not prohibited by federal law, an authorizer shall not approve a charter application that is:

(a) From an applicant that is or includes:

A for-profit organization, or its designee;
An organization, or its designee, that is organized for religious purposes, within the meaning of 501(c)(3) of the Internal Revenue Code of 1986, as amended, and qualifying for tax-exempt status pursuant to 501(c)(3) of the Internal Revenue Code of 1986, as amended; or
A business entity, or its designee, that is not authorized to do business and in good standing in the Commonwealth of Kentucky, pursuant to KRS Chapter 14A; or

(b) That has in the proposed board of directors:

A for-profit organization, or its designee;
An organization, or its designee, that is organized for religious purposes, within the meaning of 501(c)(3) of the Internal Revenue Code of 1986, as amended, and qualifying for tax-exempt status pursuant to 501(c)(3) of the Internal Revenue Code of 1986, as amended; or
A business entity, or its designee, that is not authorized to do business and in good standing in the Commonwealth of Kentucky, pursuant to KRS Chapter 14A.

(2) An authorizer shall require a charter application to be submitted on the Kentucky Charter School Application and Addendum and may require additional information from the applicant.

(3) An authorizer shall publish a copy of a submitted charter application on its website within three (3) days of submission by the applicant to the authorizer.

(4) An authorizer shall provide a copy of a submitted charter application to the resident local school district superintendents and to any other authorizer of charter schools in that local school district within three (3) days of submission by the applicant to the authorizer.

(5) An authorizer shall allow a resident local school district superintendent to file a letter with supporting evidence objecting to the approval of the charter application on the basis of the substantial hardship that may result for the students of the resident local school district who do not attend the charter school. An authorizer shall publish a copy of the letter and supporting evidence from the resident local school district superintendent on the authorizer's website within three (3) days of submission by the superintendent to the authorizer and the authorizer shall review this evidence prior to approving a charter application.

(6) An authorizer shall allow a resident local school district superintendent to file a letter of support for a charter application and shall publish a copy of the resident local school district superintendent letter on the authorizer's website within three (3) days of submission by the superintendent to the authorizer.

(7) An authorizer shall require a resident local school district superintendent to provide information and evidence regarding the academic performance of the students identified in the charter application as the targeted student body or community. An authorizer shall publish a copy of this information on the authorizer's Web site within three (3) days of submission by the superintendent to the authorizer, to the extent not prohibited by confidentiality laws.

(8) An authorizer shall comply with the following requirements in reviewing the charter application:

(a) Request and secure a certificate of existence from the Secretary of State, pursuant to KRS 14A.2-130, for any business entity or its designee included in the application or in the proposed charter school board of directors; and

(b) If the applicant or the board of directors includes a foreign entity, request and secure a certificate of authorization for the foreign entity from the Secretary of State, pursuant to KRS 14A.2-140.

(9) An authorizer shall require an applicant or proposed board of directors for a charter school to include in the charter application:

(a) Performance information, financial information, and closure information for any charter school under the applicant or board of directors;

(b) Details and documentation of the outreach the applicant or proposed board of directors has had with the students or community that is the focus of the charter application;

A charter application that the applicant, the proposed board of directors, or another entity previously withdrew from consideration and the reasons the charter application was withdrawn;
A charter application that was rejected by an authorizer and the reasons the charter application was rejected; or
A charter school that was previously closed and the reasons for the closure; and

(d) A memorandum of understanding as required by KRS160.1593(3)(f)(3).

(10) An authorizer shall provide on the authorizer's website the names of all persons, and their roles, who are involved in the review of charter applications. Review of charter applications shall be conducted pursuant to the requirements of the Open Meetings Act, KRS 61.800 et seq.

(11) An authorizer shall not approve a charter application that does not meet the requirements of KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8.

(12) Within five (5) days of the authorizer's approval, the authorizer shall submit an approved charter application to the commissioner of education.

Section 5. Standards of Authorizer Performance Concerning Charter Contracts.

(1) Prior to negotiating a charter contract with a board of directors, an authorizer shall verify the charter school board of directors' registration as a non-profit business entity with the Kentucky Secretary of State pursuant to KRS Chapter 14A.

(2) An authorizer shall negotiate and enter a charter contract with a charter school board of directors in compliance with KRS 160.1590(4) and (5); 160.1591(2); 160.1592(3), (7), (8), (9), (10), (11), and (20); 160.1593(3); 160.1594(1); 160.1596(1); 160.1597(1), (2), and (6); and 160.1598(1), (5), (6), and (7).

(3) An authorizer shall include pre-opening requirements or conditions in the charter contract as follows:

(a) An authorizer shall establish mutually agreed upon pre-opening requirements or conditions to:

Monitor the start-up progress of a newly approved public charter school;
Ensure that the charter school is prepared to open timely and smoothly on the date agreed; and
Ensure that the charter school meets all benchmarks related to facilities, health, safety, insurance, school personnel, enrollment, curriculum and instruction, operations and fiscal management, governance, and other legal requirements for the charter school opening; and

(b) Failure by the charter school to comply with the pre-opening requirements or conditions may result in the immediate revocation of the charter contract and:

May result in the delay in the opening of the charter school by up to one (1) year if the authorizer does not determine that the charter school is more likely than not to close during the school year; or
Shall result in the delay in the opening of the charter school by up to one (1) year if the authorizer does determine that the charter school is more likely than not to close during the school year.

(4) An authorizer shall include in the charter contract with the charter school board of directors provisions for charter school financial solvency and sustainability, including:

(a) A requirement that no member of the charter school board of directors, no education service provider, and no charter school employee shall knowingly recommend and no member of the charter school board of directors shall knowingly vote for an expenditure in excess of the charter school's income and revenue of any fiscal year, as shown by the budget adopted by the charter school board of directors and approved by the authorizer;

(b) A requirement that a member of the charter school board of directors, an education service provider, or a charter school employee who knowingly expends or authorizes the expenditure of charter school funds or who knowingly authorizes or executes any employment, purchase, or contract, in violation of this section, shall be jointly and severally liable in person and upon any official fidelity bond given to the authorizer to the extent of any payments on the void claim; and

(c) A requirement that, if at any time during any fiscal year of the charter school's existence, a member of the charter school board of directors, an education service provider, or a charter school employee knows or reasonably should know that the charter school has or will become unable to pay in full its projected expenses as they fall due, the charter school shall immediately so advise the department and the authorizer, and shall provide the department and the authorizer with all financial information relating to revenues and expenses of the charter school necessary for the department and the authorizer to determine the extent and cause of any potential operating deficit. If the member of the charter school board of directors, the education service provider, or the charter school employee fails to provide the notice to the department and the authorizer required by this subsection or fails to cooperate with the department and the authorizer in the production of financial information pursuant to this subsection:

The authorizer shall determine if grounds exist to revoke the charter contract; and
The knowingly acting member of the charter school board of directors, the education service provider, or the charter school employee may be subject to the liability established in paragraph(b) of this subsection.

(5) An authorizer shall include in the charter contract the specific, exclusive reasons and timelines for closure initiated by the charter school board of directors and the closure protocol and policies and procedures applicable to closure of the charter school.

(6) An authorizer shall require in the charter contract the closure requirements of KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8.

(7) An authorizer shall require in the charter contract that the charter school shall not prohibit a student from attending and shall not unenroll or withdraw a student unless the charter school has complied with KRS 158.150.

(8) An authorizer shall require in the charter contract that the charter school board of directors maintain separate accountings of all funds received and disbursed by each charter school under the charter school board of directors.

(9) An authorizer shall require in the charter contract that any contract the charter school board of directors enters with an education service provider has to be approved by the authorizer prior to execution and that any contract the charter school board of directors enters with an education service provider shall comply with the following:

(a) Clearly establish the primacy of the charter contract over the contract between the charter board of directors and the education service provider;

(b) Clearly identify the charter school board of directors as the party ultimately responsible for the success or failure of the charter school, and clearly define the education service provider as a vendor of services;

(c) Prohibit the education service provider from selecting, approving, employing, compensating, or serving as members of the charter school board of directors;

(d) Require the charter school board of directors to directly select, retain, and compensate the charter school's legal counsel, finance staff, audit firm, and school leader;

(e) Provide for payments to the charter school to be made to an account controlled by the charter school board of directors, not the education service provider;

(f) Require all instructional materials, furnishings, and equipment purchased or developed with charter school funds be the property of the charter school, not the education service provider;

(g) Identify and describe the roles and responsibilities of the charter school board of directors and the education service provider, including all services to be provided under the contract between the charter school board of directors and the education service provider;

(h) Identify and describe the performance measures and consequences by which the charter school board of directors shall hold the education service provider accountable for performance, aligned with the performance measures in the charter contract;

(i) Identify and describe with specificity all compensation to be paid to the education service provider, including all fees, bonuses, and the conditions, consideration, and restrictions on the compensation;

(j) Identify and describe the terms of any facility agreement that may be part of the relationship between the charter school board of directors and the education service provider;

(k) Identify and describe financial reporting requirements and provisions for the charter school board of directors' financial oversight of the education service provider and the charter school;

(l) Identify and describe all other financial terms of the contract, including disclosure and documentation of all loans or investments by the education service provider to the charter school board of directors, and provision for the disposition of assets upon closure in accordance with KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8;

(m) Include assurances that the charter school board of directors, at all times, shall maintain independent fiduciary oversight and authority over the charter school budget and ultimate responsibility for the charter school's performance;

(n) Include provisions for contract termination without penalties for the charter school and without costs beyond the pro-rated value of the services provided by the education service provider;

(o) Assure:

That the charter school board of directors shall be structurally independent from the education service provider and shall set and approve charter school policies;
That the terms of the contract between the charter school board of directors and the education service provider are reached through arm's-length negotiations in which the charter school board of directors is represented by legal counsel that does not also represent the education service provider; and

(p) Identify and describe the respective responsibilities of the charter school board of directors and the education service provider in the event of school closure.

(10) An authorizer shall prohibit a charter school board of directors, in the charter contract, from delegating the charter school board of directors' responsibilities in subsection (9) of this section to the education service provider.

Section 6. Standards of Authorizer Performance Concerning Charter School Monitoring.

(1) An authorizer that determines a charter school board of directors has governance over more than one (1) charter school and has failed to meet the requirements of KRS 160.1592, shall commence an investigation to determine if the charter school board of directors is in compliance with the charter contracts for every other charter school under the authorizer's jurisdiction.

(2) An authorizer shall monitor the performance of the charter contract by a charter school board of directors, and any educational service provider. If the authorizer believes there is an issue with any aspect of performance of the charter contract, or compliance with any of the requirements of KRS 160.1590 to 160.1599, 161.141, or 701 KAR Chapter 8, the authorizer shall commence an investigation.

(3) An authorizer that verifies an issue with any aspect of performance of the charter contract, or compliance with any of the requirements of KRS 160.1590 to 160.1599, 161.141, or 701 KAR Chapter 8, shall notify the commissioner of education and may request assistance from the commissioner of education in addressing and remedying the issue.

(4) An authorizer that verifies an issue with any aspect of the performance of the charter contract, or compliance with any of the requirements of KRS 160.1590 to 160.1599, 161.141, or 701 KAR Chapter 8, shall notify the charter school of the issue and take necessary action, including unilateral imposition of conditions on the charter school, revocation, or nonrenewal of the charter contract, to resolve the issue and to provide notice of the issue and the resolution to the charter school's adult students, emancipated youth students, parents, persons with custody or charge, and the department.

(5) An authorizer shall at least monthly review the financial budget reports of the charter school and take the following action:

(a) If the budget projections indicate that the charter school's annual operating expenses may at any time during the school year cause the annual operating expenses to exceed ninety-eight (98) percent of the total projected annual operating revenues included in the school's approved budget, the charter school shall provide specific notice of this to the authorizer and the authorizer shall:

Require the charter school to implement a cash management plan approved by the authorizer;
Commence a more in-depth review, and an audit if necessary, of the charter school's financial budget reports, expenditures, and revenues;
Request financial management assistance for the charter school from the department; and
Restrict the charter school's expenditures and require the authorizer's approval prior to expenditure of charter school funds for the remainder of the school year; and

(b) If the charter school defaults on a financial obligation or if the authorizer otherwise suspects the charter school may close prior to the end of the school year or the charter contract term, the authorizer shall:

Consult with the commissioner of education;
Communicate with the charter school board of directors to determine the need for charter contract revocation;
Commence actions under paragraph (a) of this subsection;
Review the closure protocol;
Review the charter contract termination provisions;
Communicate with the charter school board of directors regarding the closure protocol and contract provisions for termination; and
Notify students and resident local school districts, as soon as necessary to ensure all students and resident local school districts are provided adequate time to prepare for the student transitions and to provide free and appropriate public education to any returning students.

(6) An authorizer shall revoke the charter contract and determine the timeline for closure if the authorizer determines the charter school:

(a) Is financially insolvent;

(b) Is financially unsustainable for the remainder of the school year or the charter contract term; or

(c) Has violated or threatened the health and safety of the students of the public charter school, pursuant to KRS 160.1598(7).

(7) The department shall develop a charter contract performance framework that an authorizer may utilize in developing a charter contract performance framework. In addition to the requirements of KRS 160.1596, the authorizer's charter contract performance framework shall include academic, financial, and organizational performance frameworks, and targets in the following areas:

(a) Student assessment and accountability;

(b) Student graduation rates;

(d) Student attendance rates;

(e) Student admission and enrollment in postsecondary institutions; and

(f) Other outcomes.

Section 7. Standards of Authorizer Performance Concerning Charter Approval, Revocation, Renewal, and Nonrenewal.

(1) An authorizer shall not approve a charter application, contract with, or renew a contract with a charter school board of directors for a charter school that:

(a) Does not operate:

A breakfast program under the Child Nutrition Act of 1966, 42 U.S.C. 1773, as amended (CNA), and a lunch program under the Richard B. Russell National School Lunch Act, 42 U.S.C. 1751 et seq. (NSLA); or
A breakfast and lunch program with provision of meals at no cost to students who qualify for free meals under the CNA and NSLA and with the provision of meals at a reduced cost to students who qualify for reduced price meals under the CNA and NSLA; or

(b) Does not provide initial and continuing evidence and assurances of the charter school's financial solvency and financial sustainability, as demonstrated initially by the financial plan in the charter application, to cover the expenses of start-up or conversion, operation, and any foreseen or unforeseen closure of the charter school during the fiscal year or during the contract term.

(2) An authorizer shall require for approval of a charter application, for contracting with a charter board of directors, for performance of a charter contract, and for renewal of a charter contract, the following:

(a) Inclusion of at least two (2) local school district resident parents or persons with custody or charge of local school district resident students who will attend the charter school in a charter school board of directors;

(b) Exercise by a charter school board of directors of their authority in KRS 160.1592(3)(p)4 and 5 only as allowed for a local board of education in KRS 160.540;

(c) Participation of all members of a charter school board of directors in annual training, approved by the commissioner of education, on topics of charter school governance and operation including financial governance and transparency; conflict of interest; curriculum and instruction; educational services provided for special needs, at risk, English learner, gifted, and other special population students; physical restraint and seclusion of students; and ethics. Fulfillment of this requirement shall occur through:

Twelve (12) hours of annual training for a new charter school board member or a member with zero to eight (8) years of experience as a charter school board member and eight (8) hours for a charter school board member with more than eight (8) years of experience as a charter school board member; or
Competency-based annual training;

(d) Attendance by the authorizer, or its designee for authorizing, or at least one (1) member of the authorizer's board of directors at any due process hearing conducted pursuant to KRS 158.150 to suspend or expel a charter school student. A charter school board of directors, with the consent of the parent, person with custody or charge, adult student, or emancipated youth student, and as otherwise allowed by confidentiality laws, may invite the resident local district superintendent to attend the due process hearing and to provide information to the charter school board of directors as to the educational services the resident local school district would provide the student:

If the student is expelled from the charter school; and
If the charter school board of directors determines, on the record and supported by clear and convincing evidence, that the charter school cannot provide or assure that educational services are provided to the student in an appropriate alternative program or setting because the expelled student posed a threat to the safety of other students or school staff and could not be placed into a state-funded agency program;

(e) Provision, to the authorizer by the charter school board of directors and any education service provider, of information and copies of all records of use of the Individual with Disabilities Education Act dispute resolution procedures, 707 KAR 1:340, regarding a student attending a charter school or the services provided by a charter school;

(f) Provision, to the authorizer by the charter school board of directors and any education service provider, of information and copies of all records of use of physical restraint or seclusion of charter school students;

(g) Provision, to the authorizer by the charter school board of directors and any education service provider, of information and copies of all records of allegations received or substantiation of violation of any health, safety, civil rights, and disability rights of students, staff, or parents or persons with custody or charge;

(h) Pursuant to KRS 160.1592(14), adherence by the charter school board of directors, and any education service provider, to the requirements of KRS 160.330 and 702 KAR 3:220 for the waiver of fees for students eligible for free or reduced price lunch;

(i) Provision, to the authorizer and to the public by the charter school board of directors and any education service provider, updates on the charter school's performance of the charter contract, according to the charter contract and performance framework;

(j) Restriction on expenditure of charter school resources and funds for school purposes only;

(k) Prohibition on the expenditure of charter school resources and funds in excess of the fair market value of the product, service, or consideration received;

(l) Prohibition on the disposal of charter school resources for less than the fair market value of the resource disposed;

(m) Restriction on the addition or moving of any location of the charter school without the written consent of the authorizer and amendment of the charter contract; and

(n) Provision, to the authorizer by the charter school board of directors and any education service provider, of student enrollment and attendance records and data at least monthly during the school year.

(3) An authorizer shall revoke, effective at the end of the school year, a charter contract for any of the reasons in KRS 160.1598(6).

(4) An authorizer shall require continuous enrollment at a charter school of at least eighty (80) percent of the charter contract minimum student enrollment requirements and shall monitor and take action as follows if that minimum is not met:

(a) The charter school shall provide reports to the authorizer on student enrollment and attendance at least twice a month; and

(b) Failure of the charter school to maintain this continuous, minimum student enrollment shall result in an immediate review by the authorizer of:

The charter school's operations;
The charter school's financial solvency;
The charter school's financial sustainability through the end of the school year and the end of the charter contract term;
The potential for closure;
Violation of the charter contract; and
The need for imposition of unilateral conditions, amendment, nonrenewal, or revocation of the charter contract, or immediate revocation of the charter contract pursuant to KRS 160.1598(7).

(5) An authorizer shall not approve a charter application for a start-up public charter school or conversion charter school if the applicant or proposed member of the board of directors has been previously found to have knowingly violated the requirements for interscholastic athletic activity sanctioned by the Kentucky Board of Education or its designated agency, and the authorizer shall ensure compliance with this requirement as follows:

(a) The authorizer shall consult with the Kentucky Board of Education's designated agency to ensure compliance with this requirement;

(b) The Kentucky Board of Education's designated agency may provide copies of its relevant written reports described in 702 KAR 7:065 Section 3(17) to the authorizer; and

(c) If the authorizer does determine a member of the applicant or the proposed board of directors has previously been found to have knowingly violated the requirements for interscholastic athletic activity sanctioned by the Kentucky Board of Education or its designated agency, the authorizer may only approve a charter application, contract with, or renew a charter for a start-up public charter school or conversion charter school that does not sponsor interscholastic athletic activities, unless the charter school's sponsorship of interscholastic athletic activities is approved by the Kentucky Board of Education.

(6) An authorizer shall remove a member of a board of directors that has been convicted of a crime described in KRS 61.040 and remove any or all of the members of the board of directors of the public charter school in connection with ensuring a smooth and orderly closure when the member or members threaten the health, safety, civil rights, or disability rights of the students or the community pursuant to KRS 160.1598(11).

(7) An authorizer shall revoke or nonrenew a charter school contract if the commissioner of education has determined a member of the board of directors, or an education service provider at the direction of a member of the board of directors, or an employee at the direction of a member of the board of directors, has knowingly violated 703 KAR 5:080, Administration Code for Kentucky's Assessment Program or KRS 160.1592(3)(g), for a student assessment included in:

(a) The performance framework of the charter contract; or

(b) The state accountability system.

(8) For issues in a charter school's performance that do not require immediate action by the authorizer, as stated in KRS 160.1590 to 160.1599, and 701 KAR Chapter 8, or otherwise to protect the health, safety, civil rights, disability rights, and well-being of students and the community, an authorizer may utilize a progressive system of monitoring consequences including notices of deficiencies or conditions unilaterally imposed on the charter school prior to revocation or nonrenewal. An authorizer shall share publicly a notice of deficiency or a condition unilaterally imposed on the charter school as well as the underlying charter school performance issue and shall provide a copy to the commissioner of education and to the Kentucky Board of Education.

(9) An authorizer shall comply with the following prior to approving a charter application for a charter school or renewing a charter school contract:

(a) Holding in the resident local school district a public hearing to allow for public comment on the charter application; and

(b) Allowing public comment to be submitted in writing prior to the hearing, or oral or written public comment at the hearing and allowing comment at the public hearing by a resident superintendent who has filed an objection to the charter application.

Section 8. Standards of Authorizer Performance Concerning Charter Closure.

(1) An authorizer's charter school closure protocol shall include the following:

(a) Provision, to the authorizer by the charter school, of contact information and resident local school district information for all parents, persons with custody or charge, adult students, and emancipated youth students;

(b) Notification to all parents, persons with custody or charge, adult students, and emancipated youth students of:

The closure decision;
The closure process;
Information on student instruction and reassignment;
Information on courses, levels, and credits completed by the student;
Information on the process for obtaining a copy of the student's education records; and
Contact information for additional information;

The closure decision;
The closure date;
The closure process;
Availability and timeline for appeals and their intersection with the closure protocol;
A copy of the notification provided to charter school parents, persons with custody or charge, adult students, and emancipated youth students;
Information on student instruction and reassignment; and
Contact information for additional information;

(d) Budget review and revision to limit expenditures to only those in the approved budget required for fulfilling the obligations through closure;

(e) Communication of the budget information to parents, persons with custody or charge, adult students, emancipated youth students, resident local school districts, the department, and the Kentucky Board of Education;

(f) Meeting of the authorizer with the charter school board of directors and charter school employees to notify and coordinate:

The closure;
The closure process;
The closure timeline and dates;
Information on student instruction and reassignment;
Employment, payroll, and benefits information;
Transfer of federal and state funds and assets according to the federal and state requirements; and
Contact information for additional information;

(g) Additional and final notification to parents and resident local school districts, including:

Information on the existence and role of any appeal of the closure;
Identifying the last student attendance day;
Detailing end of the year activities and transition activities for students; and
Providing information and assistance for reassignment of students;

(h) Procedures and requirements for establishment of transition teams, development of closure plan, and assignment of roles for closure;

(i) Procedures and requirement for scheduling closure meetings with the transition team, parents, persons with custody or charge, adult students, emancipated youth students, resident local school districts, the department, and employees;

(j) Procedures and requirements for a final report from the charter school board of directors to the authorizer and the department detailing completion of the closure plan;

(k) Maintenance of the charter school facilities;

(l) Identification and notification of all creditors and debtors of the board of directors and the Teachers' Retirement System and the County Employees Retirement System;

(m) Notification of federal, state, local, and private grantors;

(n) Termination of any contract with an education service provider;

(o) Accounting, inventory, and protection of assets;

(p) Notification of employee benefit providers;

(q) Notification of all contractors and termination of all contracts;

(r) Transfer of student and personnel records;

(s) Notification of the IRS;

(t) Issuance of final grades to students;

(u) Dissolution of the charter school;

(v) Maintenance of records; and

(w) Completion of an independent final audit within six (6) months of the closure of the charter school that may function as the annual audit, and that includes at least:

An accounting of all financial assets, including cash and accounts receivable and an inventory of property, equipment, and other items of material value;
An accounting of the liabilities, including accounts payable and any reduction in apportionments as a result of audit findings or other investigations, loans or grants, and unpaid staff compensation; and
An assessment of the disposition of any restricted funds received by or due to the charter school.

(2) An authorizer's charter school closure protocol shall include the following regarding distribution of assets upon closure:

(a) The assets of the charter school, if sufficient to satisfy all the outstanding debts of the charter school, shall be distributed in the following order:

To satisfy outstanding payroll obligations for employees of the public charter school;
To creditors of the charter school; and
To the resident local school districts, in direct proportion to the percentage of the charter school student body that will be returning to each resident local school district after closure;

(b) If the assets of the public charter school are insufficient to satisfy all debts of the charter school, the prioritization of the distribution of assets may be determined by a court of law; and

(c) A charter school board of directors shall distribute its assets within six (6) months of closure of the charter school, unless granted an extension by the authorizer or ordered otherwise by a court of law.

(3) The commissioner of education, upon request by the authorizer, may appoint an independent third-party, paid from the charter school's funds, to manage the closure with assistance from the department. The commissioner of education may remove an appointed independent third-party for cause and appoint a replacement.

(4) The department shall develop a charter closure protocol guide that an authorizer may utilize in developing the closure protocol.

Section 9. Investigation of an Authorizer.

(1) The Kentucky Board of Education shall conduct a special review of an authorizer as follows:

(a) If there is persistently unsatisfactory performance of the portfolio of the public charter schools of the authorizer;

(b) If there is a pattern of well-founded complaints about the authorizer or its public charter schools; or

(2) The Kentucky Board of Education shall request investigation by the commissioner of education.

(3) In reviewing and evaluating the performance of an authorizer, the Kentucky Board of Education shall apply nationally recognized standards for quality in charter authorizing, in addition to the standards of performance included in KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8.

(4) If at any time the Kentucky Board of Education determines that an authorizer is not in compliance with an existing charter contract or the requirements for an authorizer, the Kentucky Board of Education shall either:

(a) Notify the authorizer in writing of any identified problem and the authorizer shall have a reasonable opportunity to respond and remedy the problem; or

(b) If deemed necessary, take action against the authorizer under Section 10.

Section 10. Consequences.

(1) The Kentucky Board of Education may, in addition to its authority over authorizers and their action on a charter application, renewal, nonrenewal, revocation, charter amendment, or unilateral imposition of conditions on a charter school pursuant to KRS 160.1595(2), place an authorizer on probation and require the following during probation of an authorizer:

(a) Additional training for the authorizer;

(b) Meeting with the commissioner of education to provide status reports and solicit feedback on charter school performance during a charter contract;

(c) Written and in-person status reports to the Kentucky Board of Education on the authorizer's monitoring of charter schools and other authorizing activity;

(d) Approval by the commissioner of education on the authorizer's monitoring activities, imposition of unilateral conditions, and revocation decisions;

(e) Approval of the Kentucky Board of Education for any renewal, nonrenewal, revocation, charter amendment, or unilateral imposition of conditions on a charter contract; and

(f) Any other consequences the Kentucky Board of Education deems necessary to ensure compliance with KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8.

(2) The Kentucky Board of Education shall establish the length and extent of the probation of the authorizer's authority and reporting requirements for the authorizer to report on the progress of the charter schools authorized by the authorizer.

(3) The Kentucky Board of Education shall state in its order probating the authority of the authorizer:

(a) The extent of the probation of the authorizer's authority;

(b) The length of the probation of the authorizer's authority;

(c) The grounds under KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8 for the probation of the authorizer's authority; and

(d) The anticipated changes that would have to occur for the Kentucky Board of Education to consider ending the probation of the authorizer's authority under KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8.

(4) The Kentucky Board of Education may entertain a request by the authorizer for termination of the probation if the authorizer submits, at least forty-five (45) days prior to the Kentucky Board of Education's regular meeting, the following:

(a) The authorizer's request for ending the probation; and

(b) The authorizer's evidence of:

Its efforts to correct the grounds for the probation of its authorizing authority;
The changes required in the Kentucky Board of Education's order; and
Its plan to ensure future compliance with the requirements of KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8.

Section 11. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky Charter School Application and Addendum", October 2022; and

(b) "Notice of Intent", February 2018.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Education, Office of Legal Services, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 158.070, 158.649, 160.1590, 160.1591, 160.1592, 160.1593, 160.1594, 160.1595, 160.1596, 160.1597, 160.1598, 160.1599, 161.141
STATUTORY AUTHORITY: KRS 160.1596
NECESSITY, FUNCTION, AND CONFORMITY: KRS 160.1596 requires the Kentucky Board of Education to promulgate an administrative regulation to establish the process to be used to evaluate the performance of a charter school authorizer, based upon the requirements of KRS 160.1590 to 160.1599 and 161.141, and the actions to be taken in response to failures in performance. This administrative regulation establishes requirements for the competence, performance, and evaluation process for charter school authorizers.
History: 44 Ky.R. 1177, 1552, 1835; eff. 3-9-2018; 47 Ky.R.180, 719; eff. 1-5-2021; TAm eff. 4-7-2021; 49 Ky.R. 1158, 1928’; eff. 7-5-2023.

701 KAR 8:030 Charter school appeal process {#sec-701-kar-8-030 omnilex-key=us-ky-regs-official--title-701--701 KAR 8:030}

Section 1. Definitions.

(1) "Appellant" means the applicant or charter school board of directors filing the appeal of an authorizer's decision denying a charter application or a charter contract amendment request, unilaterally imposing conditions on the applicant or charter school, or revoking or nonrenewing a charter contract.

(2) "Applicant" is defined by KRS 160.1590(2).

(3) "Authorizer" or "public charter school authorizer" is defined by KRS 160.1590(15).

(4) "Charter" means charter contract.

(5) "Charter application" is defined by KRS 160.1590(3).

(6) "Charter contract" or "contract" is defined by KRS 160.1590(4).

(7) "Charter school" means a public charter school.

(8) "Charter school board of directors" is defined by KRS 160.1590(5).

(9) "Days" means calendar days calculated pursuant to KRS 446.030.

(10) "Knowingly" means that a person knew that in authorizing, ordering, or carrying out an act or omission that the act or omission constituted a violation of a statute or administrative regulation.

(11) "Local school district" is defined by KRS 160.1590(10).

(12) "Notice" means written notice.

(13) "Public charter school" is defined by KRS 160.1590(14).

(14) "Unilateral imposition of conditions" means the authorizer has placed or attempted to place conditions or requirements that are not required by KRS 160.1590 through 160.1599, 161.141, or 701 KAR Chapter 8:

(a) On the applicant in the authorizer's formal action approving the charter application; or

(b) On the charter school in the charter contract or an amendment.

(15) "Unilaterally imposed conditions" or "Unilateral conditions" or "Conditions unilaterally imposed" means conditions or requirements not required by KRS 160.1590 through 160.1599, 161.141, or 701 KAR Chapter 8 that the authorizer places or attempts to place:

(a) On the applicant in the authorizer's formal action approving the charter application; or

(b) On the charter school in the charter contract or an amendment.

Section 2. Policies and Procedures. The authorizer shall create and publish on its website policies and procedures for its implementation of KRS 160.1595 and 160.1598 as established in subsections (1) through (5) of this section. The authorizer shall include in its policies and procedures:

(1) A rubric for its evaluation of a charter application and its rubric for evaluation of charter contract performance for renewal pursuant to KRS 160.1598;

(2) The circumstances that shall result in automatic revocation or nonrenewal of a charter contract, only as allowed in KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8;

(3) The requirements and timeline for timely notification of the prospect of revocation or nonrenewal of the charter contract and of the reasons for the possible closure;

(4) The reasonable deadline and requirements for a charter school's opportunity to respond to the authorizer's notice of the prospect of revocation or nonrenewal of the charter contract; and

(5) The requirements for appeal of an authorizer decision denying a charter application or a charter amendment request, nonrenewing or revoking a charter contract, or imposing unilateral conditions on an applicant or charter school.

Section 3. Appeal.

(1) The appellant shall submit its appeal of an authorizer's decision denying a charter application or a charter amendment request, nonrenewing or revoking a charter contract, or imposing unilateral conditions on an applicant or charter school to the commissioner of education, to receive the appeal on behalf of the Kentucky Board of Education, as established in paragraphs (a) through (d) of this subsection.

(a) The deadline for appeals to the Kentucky Board of Education under KRS 160.1595 shall be thirty (30) days, as evidenced by the face of the authorizer's notice to the charter school or applicant of the decision to deny a charter application or charter contract amendment request, to impose unilateral conditions on the applicant or the charter school, or to revoke or nonrenew the charter contract.

(b) The appeal shall include the name, phone number, mailing address, and email address of the contact for the appellant and any legal counsel.

(c) The appeal shall include a statement from the appellant whether there is a request for a hearing, and whether the hearing is requested to be held in the local school district in which the charter school lies or would lie.

(d) The appeal shall be submitted on the Notice of Appeal and include any necessary additional documentation.

(2) The Kentucky Board of Education shall affirm the decision of the authorizer based on the appellant's failure to timely file the appeal, pursuant to KRS 160.1595(2) and subsection (1)(a) of this section, and may affirm the decision of the authorizer based on the failure of an appellant to meet any of the other deadlines of this administrative regulation or the hearing process.

(3) Within five (5) days of the commissioner's receipt of the appeal, the commissioner of education on behalf of the Kentucky Board of Education shall provide notice to the appellant and the authorizer acknowledging receipt of the appeal, and:

(a) If a hearing is requested in the appeal, the commissioner of education shall designate a hearing officer to set the prehearing schedule, to conduct a KRS Chapter 13B public hearing before the Kentucky Board of Education on the appeal, and to set the location of the public hearing; or

(b) If a hearing is not requested in the appeal or if the appellant waives its right at any time to a hearing by providing written notice of its waiver to the commissioner of education or to any previously appointed hearing officer, the hearing officer shall set the schedule for written pleadings under KRS 13B.090(2) to be submitted to the Kentucky Board of Education without a hearing.

(4) The written decision of the Kentucky Board of Education shall be issued no later than forty-five (45) days following receipt of the notice of appeal as required by KRS 160.1595(2)(c).

Section 4. Emergency Action. Emergency action taken by the authorizer pursuant to KRS 160.1598(7) shall be taken in accordance with KRS 13B.125.

Section 5. Automatic Revocation or Nonrenewal. The Kentucky Board of Education shall affirm revocation or nonrenewal of a charter school for whom the commissioner of education has determined a member of the charter school board of directors, or an education service provider at the direction of a member of the board of directors, or an employee at the direction of a member of the board of directors, has knowingly violated 703 KAR 5:080, Administration Code for Kentucky's Educational Assessment Program, or KRS 160.1592(3)(g) for a student assessment included in the performance framework of the charter contract or the state accountability system after:

(1) The department's presentation of a preponderance of evidence at a KRS Chapter 13B hearing before the Kentucky Board of Education that a member of the charter school board of directors, or an education service provider at the direction of a member of the charter school board of directors, or an employee at the direction of a member of the charter school board of directors, has knowingly violated 703 KAR 5:080, Administration Code for Kentucky's Educational Assessment Program, or KRS 160.1592(3)(g) for a student assessment included in:

(a) The performance framework of the charter contract; or

(b) The state accountability system; or

(2) The charter school board of directors waives its right to a KRS Chapter 13B hearing under this section.

Section 6. Incorporation by Reference.

(1) "Notice of Appeal", October 2022, is incorporated by reference.

History

RELATES TO: KRS Chapter 13B, 160.1590, 160.1591, 160.1592, 160.1593, 160.1594, 160.1595, 160.1596, 160.1597, 160.1598, 160.1599
STATUTORY AUTHORITY: KRS 13B.170, 160.1598
NECESSITY, FUNCTION, AND CONFORMITY: KRS 160.1598 requires the Kentucky Board of Education to promulgate an administrative regulation to establish the process to appeal a decision of an authorizer denying a charter application or a charter contract amendment request, unilaterally imposing conditions on the applicant or charter school, or revoking or nonrenewing a charter contract. This administrative regulation establishes the requirements for the appeal process.
History: 44 Ky.R. 1185, 1561, 1843; eff. 3-9-2018; 49 Ky.R. 1167; eff. 7-5-2023.

701 KAR 8:040 Conversion charter school petition, conversion, and operation {#sec-701-kar-8-040 omnilex-key=us-ky-regs-official--title-701--701 KAR 8:040}

Section 1. Definitions.

(1) "Adult student" means a student who is eighteen (18) years or older who is still eligible for enrollment and attendance at a school program pursuant to KRS 158.030 and 158.100.

(2) "Applicant" is defined by KRS 160.1590(2).

(3) "Charter application" is defined by KRS 160.1590(3).

(4) "Charter contract" or "contract" is defined by KRS 160.1590(4).

(5) "Charter school" means a public charter school.

(6) "Charter school board of directors" is defined by KRS 160.1590(5).

(7) "Conversion public charter school" or "conversion charter school" is defined by KRS 160.1590(6).

(8) "Days" means calendar days calculated pursuant to KRS 446.030.

(9) "Emancipated youth" means a student under the age of eighteen (18) who is or has been married or has by court order or otherwise been freed from the care, custody, and control of the student's parents.

(10) "Enrollment" means the process for the charter school to register a student for attendance at the charter school.

(11) "Grade" or "grade level" means a single elementary, middle, or high school grade of school.

(12) "Local board of education" means local school board as defined by KRS 160.1590(9).

(13) "Local school district" is defined by KRS 160.1590(10).

(14) "Lottery" means the transparent, open, equitable, and impartial process that is competently conducted with randomization in accordance with the targeted student population and service community as established in KRS 160.1593(3) for the charter school to choose students for enrollment and attendance at the charter school if the student applications received by the charter school exceed the charter school's capacity.

(15) "Notice" means written notice.

(16) "Notify" means provide written notice.

(17) "Parent" is defined by KRS 160.1590(11).

(18) "Person with custody or charge" means any adult, pursuant to KRS 159.010, who falls within the definition for "interested person or entity" as defined by KRS 387.010(2) for an interested person or entity and with whom the student resides.

(19) "Petitioner" means the persons or organizations initiating and circulating a petition to convert an existing public school to a charter school.

(20) "Public charter school" is defined by KRS 160.1590(14).

(21) "School level", "level", or "educational level" means the configuration of grade levels that form elementary, middle, and high schools.

(22) "Student" is defined by KRS 160.1590(18) and includes any person who is entitled to enrollment and attendance at a school program as provided in KRS 158.030 and 158.100.

(23) "Student application" means an application submitted to a charter school for student enrollment in the charter school.

(24) "Superintendent" means the local school district employee tasked with the duties established in KRS 160.370.

(25) "Year", "academic year", or "school year" means school year as defined by KRS 158.050.

Section 2. Conversion Petition and Charter Application.

(1) The department shall annually publish on its website a list of noncharter public schools, by school level, level, or educational level, that are eligible for charter school conversion through the petition process pursuant to KRS 160.1599(2)(a).

(2) Prior to circulation of a petition to convert an existing public school to a charter school, a petitioner shall file a notice of intent with the resident board of education.

(3) If a charter application proposes that a newly converted charter school is to be established and prepared to enroll students for the next school year, both the charter application and the petition, determined to be valid pursuant to subsection (9) of this section, proposing the conversion of an existing public school to a charter school shall be submitted to the authorizer on or before October 30.

(4) A petitioner shall utilize the Public Charter School Conversion Petition and shall include the following information in a petition to convert an existing public school to a charter school:

(a) A written statement that the petition seeks to convert the existing public school to a charter school;

(b) A written statement of the reasons the petitioner believes the existing public school should be converted to a charter school, including descriptions of how the conversion public charter school shall accomplish the purposes of KRS 160.1591(2); and

(c) Information for filing a written complaint to the commissioner of education regarding the petition or the petitioner.

(5) For the signatures on the petition to count toward the requirements of KRS 160.1599(2)(a) or (b), a petitioner shall ensure inclusion of the following from each of the existing public school's resident parents, persons with custody or charge, adult students, or emancipated youth students signing the petition:

(a) Their printed names;

(b) Their mailing and street address, phone number, and email address, as available; and

(6) The inclusion of signatures, from adult students, emancipated youth students, or parents or persons with custody or charge, on behalf of students who do not attend the existing public school as residents of the local school district and under the attendance zone boundary policies and procedures of the local board of education for the local school district, shall not count toward the requirements of KRS 160.1599(2)(a) or (b).

(7) Signatures from parents, persons with custody or charge, adult students, and emancipated youth students shall count toward the requirements of KRS 160.1599(2)(a) or (b) up to but not in excess of the number of students attending the existing public school for whom those individuals are parents or persons with custody or charge or the students themselves.

(8) The inclusion of an invalid signature on the petition shall not invalidate the entire petition, but shall instead result in the invalid signature being stricken and not counted.

(9) Within thirty (30) days of receipt of a petition for conversion of an existing public school, a local school district designee of the local board of education shall conduct and complete an examination of the signatures on the petition and any necessary investigation to make a determination of whether the petition contains enough signatures of qualified resident adult students, emancipated youth students, and parents and persons with custody or charge of students attending the existing public school to meet the requirements of KRS 160.1599(2)(a) or (b).

(10) Within three (3) days of making the determination in subsection (9) of this section, the local school district designee of each local board of education that has authority over the existing public school shall provide notice as to whether the petition met the requirements of this administrative regulation and KRS 160.1599(2)(a) or (b):

(a) On the local school district website; and

(b) To the following:

The petitioner;
The existing public school's principal;
Any school-based decision making council of the existing public school established under KRS 160.345; and
Each local board of education with authority over the existing public school.

(11) For a petition under KRS 160.1599(2)(b), each local board of education's majority vote to convert the existing public school to a charter school shall be conducted at its next regular meeting or an earlier special meeting.

(12) Any person who has reason to believe that the petition process was not conducted pursuant to the requirements of this administrative regulation or that the signatures on the petition were procured through fraud, intimidation, bribery, or harassment, may file a written complaint with the commissioner of education and the commissioner of education shall:

(a) Cause an investigation to determine the validity of the petition;

(b) Ensure the investigation is completed within thirty (30) days of receipt of the complaint; and

(13) If the petition fails to meet the requirements of this administrative regulation and KRS 160.1599(2)(a) or (b) or if the commissioner of education determines the petition to be invalid, the existing public school shall not be eligible for conversion to a charter school unless:

(a) Each local board of education with authority over the existing public school acts pursuant to KRS 160.1599(2)(c); or

(b) Another petition is circulated and determined to be valid pursuant to KRS 160.1599(a) or (b) and this administrative regulation.

(14) After any vote by each local board of education required pursuant to KRS 160.1599(2)(a), (b), or (c), an applicant shall submit to the authorizer a charter application to convert an existing public school to a charter school during the same school year as:

(a) Each local board of education's vote to convert an existing public school to a charter school pursuant to KRS 160.1599(2)(c); or

(b)

The circulation of a petition pursuant to KRS 160.1599(2)(a) or (b);
The issuance of the determination in subsection (9) of this section that the petition is valid; and
A majority vote of each local board of education with authority over the existing public school, if required by KRS 160.1599(2)(b).

(15) After any vote by each local board of education required pursuant to KRS 160.1599(2)(b) or (c), the authorizer shall allow submission of a charter application to convert the existing public school to a charter school during the same school year as:

(a) Each local board of education's vote to convert the existing public school to a charter school, pursuant to KRS 160.1599(2)(c); or

(b)

The circulation of a petition pursuant to KRS 160.1599(2)(a) or (b);
The issuance of the determination in subsection (9) of this section that the petition is valid; and
A majority vote of each local board of education with authority over the existing public school, if required by KRS 160.1599(2)(b).

(16) The authorizer shall commence the charter application review and approval process pursuant to KRS 160.1594 and 701 KAR Chapter 8 upon receipt of a charter application to convert an existing public school to a charter school within the same school year as either:

(a) Each local board of education's vote to convert an existing public school to a charter school pursuant to KRS 160.1599(2)(c); or

(b)

The circulation of a petition pursuant to KRS 160.1599(2)(a) or (b);
The issuance of the determination in subsection (9) of this section that the petition is valid; and
A majority vote of each local board of education, if required by KRS 160.1599(2)(b).

(17) The authorizer shall review the petition and a submitted charter application and only approve the conversion of an existing public school if the charter application meets the requirements of KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8 and if:

(a) The petition meets the requirements of KRS 160.1599 and this administrative regulation during the same school year as the filing of the charter application, and if the commissioner of education has not determined the petition to be invalid; or

(b) Each local board of education with authority over the existing public school has voted within the same school year to convert an existing public school to a charter school.

(18) The department shall create a charter school conversion petition and application guidance document that petitioners, applicants, authorizers, and local boards of education may utilize.

Section 3. Conversion.

(1) No conversion public charter school shall begin operation after the beginning of a school year.

(2) After each local board of education's vote to convert an existing public school to a charter school or completion of the petition process requirements of KRS 160.1599(2)(a) or (b) and this administrative regulation, and after the authorizer's approval of a charter application to establish a conversion public charter school, each superintendent of a district with authority over the existing public school shall:

(a) Notify resident students of the conversion of the existing public school and provide information for student application to the conversion charter school during the time that information on other school programs in the local school district is provided;

(b) Create with the conversion charter school board of directors a plan for conversion of the existing public school that shall include, at a minimum, timelines, roles, responsibilities, and notification requirements for the following:

Coordination of student application, lottery, enrollment, and transfer to and from the conversion charter school; and
Transfer of management and operation of the conversion charter school in the same public school facility for the school years included in the conversion charter school's operation under the charter contract;

(c) Meet during the first year of the charter contract with the charter school board of directors to coordinate student application, lottery, enrollment, and transfer of students; and

(d) Meet throughout the charter contract with the charter school board of directors regarding the usage and maintenance of the facility by the charter school board of directors.

(3) Each local board of education with authority over the existing public school and the conversion charter school board of directors shall execute a lease for the public school facility prior to the operation of a conversion public school.

(4) The department shall create a charter school conversion process guidance document that an authorizer, local board of education, and a charter school board of directors may utilize.

Section 4. Employees.

(1) Local school district employees placed in the existing public school prior to conversion, who are not hired by the conversion charter school board of directors to work in the converted charter school, shall retain their employment rights with the local school district, pursuant to KRS Chapter 161 and under the provisions of any collective bargaining agreement with the local school district. Conversion of an existing public school of the local school district may result in the circumstances described in KRS 161.800 and 161.011 necessitating the local school district superintendent's review of the necessity for a reasonable reduction in the number of teachers and classified employees employed by the local school district under KRS 161.800 and 161.011.

(2) A teacher, with continuing status pursuant to KRS Chapter 161, who is employed by a Kentucky local school district, who is hired by the conversion charter school board of directors to work in the converted charter school, and who is granted leave by the employing local board of education pursuant to KRS 160.1592(22), shall notify the local school district of the teacher's intent to work in the converted charter school or to return to employment with the local school district the next school year by April 15 of each year of the granted leave.

(3) The department shall create a charter school conversion employee transition guidance document that an authorizer, local board of education, and a conversion charter school may utilize.

Section 5. Students.

(1) Each local school district with authority over the existing public school shall provide, to the students and parents and persons with custody or charge of students who attend an existing public school that has been approved for conversion to a charter school, information and any plan the local school district shall use to address the educational needs and placements of students who choose not to attend or who otherwise shall not be attending the conversion charter school.

(2) The department shall create a charter school conversion student transition guidance document that an authorizer, local board of education, and a conversion charter school may utilize.

Section 6. Operation and Reversion of a Conversion Charter School.

(1) An authorizer may otherwise renew, non-renew, revoke, or take other action regarding a conversion public charter school as provided in KRS 160.1590 to 160.1599, 161.141, and 701 KAR Chapter 8.

(2) If a closed conversion charter school is reverting back to its noncharter status, each local board of education with authority over the existing public school shall solicit feedback on the future of the school from parents, persons with custody or charge, adult students, and emancipated youth students of the school prior to the reversion.

Section 7. Incorporation by Reference.

(1) "Public Charter School Conversion Petition", October 2022, is incorporated by reference.

History

RELATES TO: KRS 160.1590, 160.1591, 160.1592, 160.1593, 160.1594, 160.1595, 160.1596, 160.1597, 160.1598, 160.1599, 161.011, 161.141, 161.800
STATUTORY AUTHORITY: KRS 160.1599
NECESSITY, FUNCTION, AND CONFORMITY: KRS 160.1599 requires the Kentucky Board of Education to promulgate an administrative regulation to govern the processes and procedures for the petition, the conversion, and the operation of a conversion public charter school. This administrative regulation establishes requirements for conversion public charter schools.
History: 44 Ky.R. 1188, 1563, 1845; eff. 3-9-2018; 49 Ky.R. 1170, 1935; eff. 7-5-2023.

701 KAR 8:050 Charter school funding {#sec-701-kar-8-050 omnilex-key=us-ky-regs-official--title-701--701 KAR 8:050}

Section 1. Definitions.

(1) "Authorizer" or "public charter school authorizer" is defined by KRS 160.1590(15).

(2) "Charter contract" or "contract" is defined by KRS 160.1590(4).

(3) "District of location" is defined by KRS 160.1590(7).

(4) "Public charter school" is defined by KRS 160.1590(14).

Section 2. Calculation of Charter School Funds.

(1) Unless otherwise negotiated under KRS 160.1596(6) or 160.1596(8), for the first school year of operation of a charter school, the district of location shall calculate funds due to the charter school as set forth in KRS 160.1596(9) and (13).

(2) For years subsequent to a charter school's first school year of operation, unless otherwise negotiated under KRS 160.1596(6) or KRS 160.1596(8), the district of location shall calculate funds due to a charter school as set forth in KRS 160.1596(5), (6), and (13).

Section 3. Distribution of Funds for the First School Year of Public Charter School Operation.

(1)

(a) Unless otherwise negotiated under KRS 160.1596(6) or 160.1596(8), during a public charter school's first school year of operation, the district of location shall transfer to the public charter school the funds required pursuant to KRS 160.1596(6)(a), minus any authorizer's fee pursuant to KRS 160.1596(10), within thirty (30) days of receipt of funds distributed pursuant to KRS 157.410.

(b) Unless otherwise negotiated under KRS 160.1596(6) or 160.1596(8), during a public charter school's first school year of operation, the district of location shall transfer the funds required pursuant to KRS 160.1596(6)(b) and (c), minus any authorizer's fee pursuant to KRS 160.1596(10), within thirty (30) days of receipt.

(c) Unless otherwise negotiated under KRS 160.1596(6) or 160.1596(8), during a public charter school's first school year of operation, the district of location shall transfer to the public charter school the funds required pursuant to KRS 160.1596(13), minus any authorizer's fee pursuant to KRS 160.1596(10), within thirty (30) days of receipt.

(2) As a condition of receiving funding beginning with the 2024-2025 school year, the charter school shall have an approved contract prior to February 1 preceding the charter school's first instructional school year.

(3) The district of location with the assistance of the Kentucky Department of Education shall provide the public charter school with a written estimate of the projected amounts of funding that will be due to the charter school through December of the first instructional school year on or before February 1 preceding the charter school's first instructional year.

Section 4. Distribution of Funds for Subsequent School Years of Public Charter School Operation.

(1) Unless otherwise negotiated under KRS 160.1596(6) or 160.1596(8), the district of location shall transfer to the public charter school the funds required pursuant to KRS 160.1596(6)(a), minus any authorizer's fee pursuant to KRS 160.1596(10), within thirty (30) days of receipt of funds distributed pursuant to KRS 157.410.

(2) Unless otherwise negotiated under KRS 160.1596(6) or 160.1596(8), the district of location shall transfer to the public charter school the funds required pursuant to KRS 160.1596(6)(b) and (c), minus any authorizer's fee pursuant to KRS 160.1596(10), within thirty (30) days of receipt.

(3) Unless otherwise negotiated under KRS 160.1596(6) or 160.1596(8), the district of location shall transfer to the public charter school the funds required pursuant to KRS 160.1596(13), minus any authorizer's fee pursuant to KRS 160.1596(10), within thirty (30) days of receipt.

Section 5. Authorizer's Fees.

(1) Any authorizer's fee under KRS 160.1596(10) shall be retained by the district of location if it is the authorizer or remitted to the authorizer at the time of the transfer of funds to the public charter school if the district of location is not the authorizer.

(2) Any authorizer fee due to the Kentucky Board of Education resulting from the appeal of an authorization shall be remitted to the Kentucky Board of Education by the district of location at the time of the transfer of funds to the public charter school.

Section 6. Fines.

(1) Failure of the district of location to transfer required funds to the public charter school shall result in the district of location incurring a fine as set forth in KRS 160.1596(11). The fine shall be five (5) percent of the total funds per funding period due to be transferred.

(2) The district of location shall include the fine payment at the time of transfer of outstanding funds to the public charter school.

History

RELATES TO: KRS 160.1590, 160.1591, 160.15911, 160.1592, 160.1593, 160.1594, 160.1595, 160.1596, 160.1597, 160.1598, 160.1599
STATUTORY AUTHORITY: KRS 156.070, 160.1596
NECESSITY, FUNCTION, AND CONFORMITY: KRS 160.1596 requires the Kentucky Board of Education to promulgate administrative regulations governing the calculation and distribution of funds due to public charter schools from school districts, the schedule of distribution of funds, and the imposition of fines for late distribution of funds. This administrative regulation establishes the requirements for the calculation and distribution of funds to a public charter school, the schedule of distribution of funds, and the fines for failure to timely transfer funds.
History: 49 Ky.R. 1216; eff. 7-5-2023.

Title 701 KAR — Education and Workforce Development Cabinet - Board of Education, Department of Education

Chapter 5 Office of Chief State School Officer

701 KAR 5:055 Removal hearing procedures {#sec-701-kar-5-055 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:055}

701 KAR 5:090 Teacher disciplinary hearings {#sec-701-kar-5-090 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:090}

701 KAR 5:100 School-based decision making guidelines {#sec-701-kar-5-100 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:100}

701 KAR 5:110 Use of local monies to reduce unmet technology need {#sec-701-kar-5-110 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:110}

701 KAR 5:120 Prevention of sexually explicit materials transmitted to schools via computer {#sec-701-kar-5-120 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:120}

701 KAR 5:130 Drug testing of teachers involved in illegal use of controlled substances {#sec-701-kar-5-130 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:130}

701 KAR 5:150 Nontraditional instruction program {#sec-701-kar-5-150 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:150}

701 KAR 5:160 Selection and appointment of non-voting Kentucky board of education members {#sec-701-kar-5-160 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:160}

701 KAR 5:170 Waiver requests {#sec-701-kar-5-170 omnilex-key=us-ky-regs-official--title-701--701 KAR 5:170}

Chapter 8 Charter Schools

701 KAR 8:010 Charter school student application, lottery, and enrollment {#sec-701-kar-8-010 omnilex-key=us-ky-regs-official--title-701--701 KAR 8:010}

701 KAR 8:020 Evaluation of charter school authorizers {#sec-701-kar-8-020 omnilex-key=us-ky-regs-official--title-701--701 KAR 8:020}

701 KAR 8:030 Charter school appeal process {#sec-701-kar-8-030 omnilex-key=us-ky-regs-official--title-701--701 KAR 8:030}

701 KAR 8:040 Conversion charter school petition, conversion, and operation {#sec-701-kar-8-040 omnilex-key=us-ky-regs-official--title-701--701 KAR 8:040}

701 KAR 8:050 Charter school funding {#sec-701-kar-8-050 omnilex-key=us-ky-regs-official--title-701--701 KAR 8:050}

Continue your research in ChatGPT or Claude