702 KAR | Title 702 KAR — Education and Workforce Development Cabinet - Board of Education, Department of Education - Office of District Support Services

Chapter 1 General Administration

702 KAR 1:035 Group health and life insurance {#sec-702-kar-1-035 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:035}

Section 1. Definitions.

(1) "Blended employee" means an employee having:

(a) The expectation that he is to be employed for the full school term (or the remainder of the school term) as defined in KRS 158.070 in a position with no state certification required;

(b) The expectation that also he is to be employed for the full school term (or the remainder of the school term) as established in KRS 158.070 in a position with state certification required;

(c) A combined work hours requirement equal to a minimum of seventy (70) percent of the school day or month as established in KRS 158.060; and

(d) Status as a beneficiary or participant in either of the two (2) retirement systems, CERS or KTRS.

(2) "Interlocal educational cooperative" means two (2) or more local boards of education governed by an interlocal cooperation agreement described in KRS 65.210 through 65.300 and formed to make educational programs and services more efficiently and effectively available to boards of education on a multidistrict basis.

(3) "Regular, full-time, certified employee" means an employee with the expectation that he is to perform duties for the full school term (or the remainder of the school term) as established in KRS 158.070, and the employment will not require less than seventy (70) percent of the school day or school month as defined in KRS 158.060.

(4) "Regular, full-time, noncertified employee" means an employee having the expectation that he is to be employed for the full school term (or the remainder of the school term) as established in KRS 158.070, and whose assignments require a minimum of eighty (80) hours per school month as established in KRS 158.060.

(5) "Unpaid leave" means leave time without pay beginning the first day of the month following an employee's last paid working day.

Section 2. Group health coverage shall consist of a single contract or the single contract dollar equivalent applied to any alternate plans of coverage contained in the master contracts between the Commonwealth and the carriers.

Section 3. Group life insurance coverage shall consist of benefit amounts as specified in the master contract between the Commonwealth and the carrier.

Section 4.

(1) Regular full-time certified, noncertified, and blended employees shall be eligible for state contribution for health and life insurance premiums unless they are on leave without pay from the local educational agency or interlocal cooperative.

(2) For purposes of administration of the group health and life insurance programs for local school district employees:

(a) Leave without pay shall include unpaid leave, unpaid sick leave, unpaid educational leave, and unpaid leave while receiving Workers' Compensation benefits; and

(b) Unpaid leave shall include the beginning of the first day of the month following an employee's last paid working day.

(3) An employee on leave without pay shall not be eligible for state contribution for health and life premiums until the employee has actively returned to work from leave.

(4) An employee who has actively returned to work shall be eligible for state contribution for health and life premiums when he returns to work at least one (1) day of the next consecutive month after being on leave without pay.

Section 5. The extent of eligibility for state contribution for health and life insurance premiums shall be based upon the extent to which a position is funded with state or local (nonfederal) funds.

Section 6. A local board of education or interlocal educational cooperative shall provide the Department of Education accurate employment data on covered employees on a month-to-month basis.

History

RELATES TO: KRS 161.158
STATUTORY AUTHORITY: KRS 156.070, 161.159
NECESSITY, FUNCTION, AND CONFORMITY: KRS 161.158 authorizes local boards of education to administer group insurance coverage for its employees. KRS 161.159 requires the Kentucky Board of Education to promulgate an administrative regulation to implement the life insurance program for local school district employees. This administrative regulation establishes requirements for Department of Education administration of the group health and life insurance programs for certified and noncertified employees of local boards of education and interlocal educational cooperatives.
History: 3 Ky.R. 567; eff. 3-2-1977; 6 Ky.R. 495; eff. 5-7-1980; 17 Ky.R. 423; eff. 10-14-1990; 18 Ky.R. 3518; 19 Ky.R. 392; 1081; eff. 11-9-1992; 28 Ky.R. 2442; 29 Ky.R. 107; eff. 7-15-2002; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 1:080 Transfer of annexed property; hearing {#sec-702-kar-1-080 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:080}

Section 1. Upon receipt of a petition of a board of education by reason of the provisions of KRS 160.045, the chief state school officer, or his designated representative, shall conduct an impartial investigation of the facts and conditions attendant to the proposed annexation and provide each affected board of education a report which sets forth the factual findings of his investigation and his recommendations based upon those findings.

Section 2. The Kentucky Board of Education shall, in case of approval of transfer of property:

(1) Specify the effective date of transfer;

(2) Determine the ratio of the current assessed value of all property in the district relinquishing the property;

(3) Specify the amount required to repay the transferred property's proportionate share of the district's current bonded indebtedness;

(4) Calculate the amount and when payment shall be made to the district relinquishing the property; and

(5) Specify pertinent details which will affect the transfer of property.

History

RELATES TO: KRS 160.045
STATUTORY AUTHORITY: KRS 156.070, 156.160, 160.045
NECESSITY, FUNCTION, AND CONFORMITY: KRS 160.045 requires the Kentucky Board of Education to conduct an administrative hearing concerning the transfer of annexed property when statutory conditions are met. This administrative regulation establishes the determinations that the state board shall make when it approves the transfer of property in an administrative hearing held in accordance with KRS 160.045 and Chapter 13B.
History: 2 Ky.R. 394; eff. 3-10-1976; 6 Ky.R. 496; eff. 5-7-1980; 17 Ky.R. 424; eff. 10-14-1990; 23 Ky.R. 1426; 2467; eff. 12-5-1996; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 1:100 Merger of independent and county school districts {#sec-702-kar-1-100 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:100}

Section 1. In the event merger is not consummated under the provisions of KRS 160.041(1) and (2)(a) and (b), and the independent board of education appeals to the chief state school officer citing financial inability to operate, the chief state school officer shall investigate the financial conditions of the independent school district and report his findings and his recommendations with respect to merger to the State Board for Elementary and Secondary Education within ninety (90) days of receipt of such an appeal. Merger action shall be taken by the State Board for Elementary and Secondary Education within ninety (90) days following receipt of the report of findings and recommendations of the chief state school officer.

Section 2. If the State Board for Elementary and Secondary Education determines the independent school district shall be merged with the county school district, it shall merge the districts stating the terms, conditions, and effective date.

History

RELATES TO: KRS 156.031, 160.041
STATUTORY AUTHORITY: KRS 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.031 requires that administrative regulations relating to statutes amended by the 1990 Kentucky Education Reform Act be reviewed, amended if necessary, and resubmitted to the Legislative Research Commission prior to December 30, 1990; and KRS 160.041 sets forth various procedures for forcing mergers of independent and county school districts and specifying the terms of merger. This administrative regulation provides an orderly procedure for merger of independent and county school districts when the State Board for Elementary and Secondary Education must make determinations under KRS 160.041.
History: 3 Ky.R. 462; eff. 2-2-1977; 17 Ky.R. 425; eff. 10-14-1990; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 1:116 Annual in-service training of district board members {#sec-702-kar-1-116 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:116}

Section 1. Content of Training.

(1) Each school district board of education member shall complete the in-service training requirements established in KRS 160.180 and this administrative regulation.

(2) Each school district board of education member shall complete training hours on the topics and at the frequency established in KRS 160.180. School district board of education members shall complete training in one (1) or more of the topics set forth in Section 2(1)(b) and (c) of this administrative regulation to satisfy the remaining training hours required by KRS 160.180.

(3) To qualify toward meeting the in-service board member training requirements of KRS 160.180 and this administrative regulation, the required training activity shall not be:

(a) The regular work of the school board, such as the attendance of meetings or the conduct of hearings;

(b) Irrelevant to the pertinent knowledge and skills of school board membership; or

Section 2. Providers of Training.

(1)

(a) The Kentucky School Boards Association (KSBA) shall be the provider of eight (8) hours of annual district board member in-service training for school board members, except the Kentucky School Boards Association (KSBA) shall be the provider of four (4) hours of annual district board member in-service training for school board members who are required to complete four (4) hours of annual in-service training pursuant to KRS 160.180(5)(c). Board members may acquire remaining hours of training required by KRS 160.180 from either the KSBA or other providers as described in subsection (2) of this section.

(b) The KSBA shall offer training on no less than eight (8) of the following topics annually, four (4) of which shall include the topics set forth at subparagraphs 1.-4. of this paragraph, and shall offer training on all fourteen (14) topics at least once during every twenty-four (24) month period:

Open meetings act and open records act;
School finance;
Ethics;
Employment and evaluation of the superintendent;
Personnel relations;
Curriculum and instruction;
Superintendent and board relations;
Goal setting and decision making;
Employment and evaluation of the superintendent;
Educational services provided for the exceptional, gifted, and other special population children;
School law;
Community relations;
Policy development; and
Roles and responsibilities of the board of education and its members.

(c) The KSBA shall coordinate with the chief state school officer annually to develop an in-service training plan for approval by the Kentucky Board of Education on or before November 1 of each year for use in the following calendar year.

(2) Training providers, other than the KSBA, shall only provide training through courses that are:

(a) Customized for school board members;

(b) Approved by the department; and

(3)

(a) If board members opt to get all of their training hours through the KSBA, then they shall have KSBA credit them for these hours. If they obtain hours from any provider other than the KSBA, a copy of proof of attendance including a recitation of the time, date, location, and description of the in-service training shall be sent by the course provider to KSBA within two (2) weeks of completion of the training so that proper credit can be given.

(b) The KSBA shall combine such hours with hours of in-service training received through KSBA training activities. These records shall be submitted annually by the KSBA to the Kentucky Board of Education.

(c) Each provider of training hours shall conduct an evaluation of each training course, which is offered by the provider during a calendar year and submitted by a local board member for training hours credit under this administrative regulation, and compile responses to be submitted to the KSBA within sixty (60) days of completion of the training.

Section 3. Failure to Acquire Training. Subject to extensions granted under Section 4 of this administrative regulation, the names of all district school board members who fail to complete the required in-service training set forth in KRS 160.180 and this administrative regulation shall be transmitted by the department to the Attorney General.

Section 4. Extension of Time.

(1) The Kentucky Board of Education may grant newly appointed or elected school board members who take office after June 30th of a particular year an extension of time within which to acquire a maximum number of unacquired hours equal to the difference between the required number of hours and one (1) hour per month for each full month actually served during the year, and the extensions shall extend no longer than through the remainder of the term being served or the next two (2) calendar years, whichever is longer.

(2) The Kentucky Board of Education may grant newly appointed or elected members who take office prior to July 1, but on or after March 1, of a particular year an extension of time, for an appropriate period of time not to exceed two (2) calendar years, within which to obtain the balance of any required but unacquired in-service hours for the initial year of new service. An extension to acquire hours shall not exceed the difference between the required number of hours and one (1) hour per month for each full month actually served during the year.

(3) The Kentucky Board of Education, in cases of emergency as demonstrated by the district board member, may grant an extension of time within which a local board member shall complete the required hours of in-service training. Serving as a district board member less than a full year shall not constitute an emergency for which an extension may be granted pursuant to this subsection.

History

RELATES TO: KRS 160.180
STATUTORY AUTHORITY: KRS 156.070, 160.180
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 160.180 requires that all local school board members complete an established number of hours of in-service training annually, based on number of years of experience, and requires that the Kentucky Board of Education identify the criteria for fulfilling the requirements. This administrative regulation establishes standards for the annual in-service training of district board members.
History: 48 Ky.R. 2133, 2595; eff. 7-5-52022; 51 Ky.R. 551, 1106; eff. 12-10-2024.

702 KAR 1:140 Student records; hearing procedures {#sec-702-kar-1-140 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:140}

Section 1. If a school district denies the request of a parent or eligible student to amend the education record of the student, the school district shall notify the student's parent or eligible student of the decision and advise them of the right to a hearing to challenge the information contained in the education record and alleged to be inaccurate, misleading, inappropriate, or in violation of the student's rights.

Section 2. Hearing Procedures.

(1) Upon request of a parent or eligible student, the school district shall conduct a hearing to be held within thirty (30) days after the request for hearing and notify the parent or eligible student, reasonably in advance, of the date, place, and time of the hearing.

(2) The hearing shall be conducted by any individual who is a disinterested party and is appointed by the superintendent to conduct the hearing.

(3) The hearing shall be confidential. Persons other than the student, parent(s), witnesses, and counsel shall not be admitted into the hearing.

(4) The hearing official appointed by the superintendent shall hear evidence from the school staff and the parent or eligible student to determine any points of disagreement regarding the education records.

(5) The parent or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education records. The parent or eligible studentmay be assisted by one (1) or more individuals, including an attorney, at their expense.

(6) After hearing the evidence, the hearing official appointed by the superintendent shall make a determination in writing within ten (10) working days following the close of the hearing. The hearing official appointed by the superintendent shall make a determination based solely on the evidence presented at the hearing, and shall include a summary of the evidence and the reason for the decision. The parties to the hearing shall be provided a copy of the decision.

Section 3. Posthearing Procedures.

(1) If, as a result of the hearing, the hearing official appointed by the superintendent decides the challenged information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the hearing official shall inform the parent or eligible student of the right to place a statement in the education record commenting on the contested information or stating why he disagrees with the decision of the hearing official. The statement shall be maintained as a part of the student's education records as long as the contested portion is maintained. If the school district discloses the contested portions of the education record, it shall also disclose the statement.

(2) If, as a result of the hearing, the hearing official appointed by the superintendent decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the school district shall amend the education record accordingly and inform in writing the parent or eligible student of the amendment.

Section 4. Alternative Hearing Procedures. If a school district has an education record hearing policy and procedure that provides a substantially equivalent level of due process protection as provided in this administrative regulation, the school district may submit its policy on education records hearing procedure to the Department of Education, Office of Legal Services, for its review and approval as to compliance with this administrative regulation.

History

RELATES TO: KRS 160.730, 20 U.S.C. 1232g (a)(2)
STATUTORY AUTHORITY: KRS 156.070, 160.730
NECESSITY, FUNCTION, AND CONFORMITY: KRS 160.730 provides for parents or eligible students to challenge the content of a student education record on the grounds that the information contained in the record or report is inaccurate, misleading, or otherwise in violation of privacy or other rights of the student. KRS 160.730 requires that the Department of Education establish by administrative regulation hearing procedures that may be utilized to challenge the content of a student education record when no agreement can be reached. The Family Educational Rights and Privacy Act (FERPA) requires a parent or eligible student has the opportunity for a hearing to challenge the content of the student's education records on the grounds that the information is inaccurate, misleading, or in violation of privacy rights of the student. This administrative regulation establishes those hearing procedures.
History: 21 Ky.R. 2861; 22 Ky.R. 45; eff. 7-6-1995; Cert eff. 11-16-2018; 48 Ky.R. 3039, 562; eff. 9-22-2022.

702 KAR 1:160 School health services {#sec-702-kar-1-160 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:160}

Section 1. School Employee Medical Examinations.

(1) Except as provided in subsection (2) of this section, a local board of education shall require a medical examination of each certified or classified employee, including each substitute teacher. The medical examination shall:

(a) Be conducted prior to initial employment; and

(b) Include a tuberculosis (TB) risk assessment.

If the individual is identified by that assessment as being at high risk for TB, the individual shall be required to undergo the administration of a tuberculin skin test (TST) or a blood test for Mycobacterium tuberculosis (BAMT).
The TB risk assessment shall be performed and reported by a physician, an advanced practice registered nurse, a physician's assistant, or a registered nurse.

(2) The medical examination requirement shall not apply to school bus drivers who are covered by 702 KAR 5:080.

(3) A local board of education may require by policy that a school employee physical examination be conducted no earlier than a ninety (90) day period prior to initial employment.

(4) A medical examination shall be reported on the form Medical Examination of School Employees, KDESHS001, or an electronic medical record that includes all of the data equivalent to that on the Medical Examination of School Employees form.

(5) A person who tests positive for TB shall be required to comply with the directives of the local board of health and the Kentucky Department for Public Health for further evaluation and treatment of the TB infection.

(6)

(a) Following the required medical examination for initial employment and any subsequent examinations as may be required for positive tuberculin reactors, a school district employee other than a bus driver shall submit to the local school superintendent the completed Medical Examination of School Employees form or an electronic medical record that includes all of the data equivalent to that on the Medical Examination of School Employees form required by subsection (4) of this section.

(b) The medical examination shall be performed and signed for by a physician, physician's assistant, or an advanced practice registered nurse. Transmission of an electronic medical record to the school district via email from the health care provider's office may be accepted as the official signature.

(7) Documentation of a TST, BAMT, and chest x-ray, if performed, shall include:

(a) The date given;

(b) Type of test;

(d) Date read and by whom; and

(e) Date x-ray taken and results as related to TB status.

(8)

(a)

A local board of education shall require all school personnel exhibiting symptoms of chronic respiratory disease to undergo a TB risk assessment and examinations as indicated.
The evaluation and any recommended treatment for TB infection shall be based upon the directives of the local board of health and the Kentucky Department for Public Health.

(b) An employee exposed to infectious TB shall be tested and, if necessary, treated for TB infection according to the directives of the local board of health.

The number of active TB cases in the county is equal to or greater than the national average, as established by the Department for Public Health, Division of Epidemiology and Health Planning, Tuberculosis Prevention and Control Program; and
The local board of health, with the approval of the Kentucky Department for Public Health, requires more extensive testing for TB of school district employees.

Section 2. Preventive Student Health Care Examinations.

(1)

(a) A local board of education shall require a preventive health care examination for students within one (1) year prior to initial entry to school.

(b) A second examination shall be required within one (1) year prior to entry into the sixth grade. (c) A third examination may be required by policy of the local board of education within one (1) year prior to entry into the ninth grade.

(2) An out-of-state transfer student shall be required to submit documentation of a preventive health care examination.

(3) A local board of education may extend the deadline by which to obtain a preventive student health care examination, not to exceed two (2) months.

(4) A preventive student health care examination shall be performed and signed for by a physician, an advanced practice registered nurse, a physician's assistant, or by a health care provider in the early periodic screening diagnosis and treatment programs. Transmission of an electronic medical record to the school district via email from the health care provider's office may be accepted as the official signature.

(5) A preventive student health care examination shall be reported on the Preventive Student Health Care Examination Form, KDESHS002, or an electronic medical record that includes all of the data equivalent to that on the Preventive Student Health Care Examination Form, and shall include:

(a) A medical history;

(b) An assessment of growth and development and general appearance;

(d) Recommendations to the school regarding health problems that may require special attention in classroom or physical education activities.

(6)

(a) A vision examination shall be reported on the form, Kentucky Eye Examination Form for School Entry, KDESHS004, or other electronic medical record that includes all of the data equivalent to that on the Kentucky Eye Examination Form for School Entry.

(b) A dental screening or examination shall be reported on the form, Kentucky Dental Screening/Examination Form for School Entry, KDESHS005, or other electronic medical record that includes all of the data equivalent to that on the Kentucky Dental Screening/Examination Form for School Entry.

(7) A local school district shall establish a plan for implementation and compliance required for the sixth grade preventive student health care examination.

(8) A current Immunization Certificate, EPID-230, incorporated by reference into 902 KAR 2:060, or an immunization certificate meeting the requirements of 902 KAR 2:060, Section 4, shall be on file within two (2) weeks of the child's enrollment in school.

(9)

(a) A board of education shall adopt a program of continuous health supervision for all currently enrolled students.

(b) Supervision shall include scheduled screening tests for vision and hearing.

(c) Supervision shall include the adoption of policies for the implementation of seizure action plans pursuant to KRS 158.838.Seizure action plan shall have the same meaning as in KRS 158.832.

(10) A school shall have emergency care procedures, which shall include:

(a) First aid facilities meeting the requirements of 702 KAR 4:170, including provisions for designated areas for the child to recline;

(b) A requirement that whenever children are present during school hours, there shall be at least one (1) adult present in the school who is certified in a standard first aid course which includes CPR for infants and children;

(c) A requirement that, at all times when enrolled students, for whom documentation under KRS 158.838(2) or (7), including seizure action plans, has been provided to the school, are present during school hours or participating in school-related activities, there is a school employee who is trained to administer and can administer or assist with the self-administration of glucagon, insulin, or seizure medications approved by the United States Food and Drug Administration or successor agency and administered pursuant to a student's seizure action plan. A student shall be permitted to conduct the actions and possess the supplies and equipment described in KRS 158.838(7) at school-related activities regardless of whether the student is a participant or mere observer of the school-related activity;

(d) A number at which parents can be reached; and

(e) The name of a family physician.

Section 3. Cumulative Health Records.

(1) A school shall initiate a cumulative health record for each student entering its school.

(a) The record shall be maintained throughout the student's attendance.

(b) The record shall be uniform and shall be on the form Student's Cumulative Health Record, KDESHS006, or the record shall be maintained electronically in the student information system.

(c) The record shall include screening tests related to growth and development, vision, hearing, and any dental screenings other than the initial dental screening recorded on the Kentucky Dental Screening/Examination Form for School Entry, KDESHS005, and findings and recommendations of a health care provider and a dentist.

(d) A follow-up by the proper health or school authorities shall be made on each abnormality noted, and the result shall be recorded.

(2) A local school district shall report all known or suspected cases of communicable disease immediately to the local health department.

Section 4. School District Health Personnel.

(1) A superintendent shall designate a person to serve as school health coordinator for the district. The person designated shall meet the following minimum qualifications:

(a) A valid license to practice as a registered nurse, issued under KRS 314.041 by the Kentucky Board of Nursing, and three (3) years of registered nursing practice, as defined in KRS 314.011(6);

(b) A school psychologist certificate, issued by the Education Professional Standards Board (EPSB) pursuant to 16 KAR 2:090, and a minimum of three (3) years of related work experience in a school setting; or

(c) A school social worker certificate, issued by the EPSB pursuant to 16 KAR 2:070, and a minimum of three (3) years of work experience practicing social work in a school setting.

(2) The school health coordinator shall work in cooperation with all school personnel, the local board of education, the department, the local health department, and family resource and youth services centers, in promoting and implementing a school health services program.

Section 5. Delegation to Perform Medication Administration. A local board of education shall require proof that all unlicensed school personnel who have accepted delegation to perform medication administration in school have completed a training course provided by the department or allowed under KRS 158.838(1)(c). The department's course shall be developed in consultation with the Kentucky Board of Nursing to ensure compliance with 201 KAR 20:400 and KRS 156.502.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Medical Examination of School Employees", KDESHS001, January 1, 2015;

(b) "Preventive Student Health Care Examination Form", KDESHS002, January 1, 2015;

(d) "Kentucky Eye Examination Form for School Entry", KDESHS004, January 1, 2015; and

(e) "Kentucky Dental Screening/Examination Form For School Entry", KDESHS005, January 2, 2015.

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

History

RELATES TO: KRS 156.160(1)(h), (i), (j), 156.501, 156.502, 158.035, 158.160, 158.838, 161.145, 214.034, 214.036, 29 C.F.R. 1910.1030
STATUTORY AUTHORITY: KRS 156.070, 156.160(1), 158.838
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(1) requires the Kentucky Board of Education to manage and control all the common schools and all programs operated in these schools. KRS 156.160(1)(h) requires the board to promulgate administrative regulations governing medical inspection, physical and health education and recreation, and other administrative regulations necessary or advisable for the protection of the physical welfare and safety of the public school children. KRS 156.160(1)(i) and (j) require the board to promulgate administrative regulations governing a required vision examination and a dental screening or examination. This administrative regulation establishes criteria for preventive student health care examinations at the local school district level.
History: 702 KAR 001:160. SBE 48.011; 1 Ky.R. 81; eff. 11-13-1974; 5 Ky.R. 1086; eff. 8-1-1979; 7 Ky.R. 28; eff. 9-3-1980; 8 Ky.R. 1162; 9 Ky.R. 114; eff. 6-22-1982; 1315; eff. 7-6-1983; 17 Ky.R. 2245; eff. 3-13-1991; 18 Ky.R. 1202; 2256; eff. 1-10-1992; 19 Ky.R. 2494; 20 Ky.R. 75; 509; eff. 8-5-1993; 26 Ky.R. 1449; eff. 3-10-2000; 27 Ky.R. 1332; eff. 1-15-2001; 34 Ky.R. 628; 1421; eff. 1-4-2008; 36 Ky.R. 653; 1218; eff. 1-4-2010; Recodified from 704 KAR 4:020, 1-13-2012; 38 Ky.R. 1799; 39 Ky.R. 28; eff. 7-13-2012; 41 Ky.R. 597; 1101; 1337; eff. 1-5-2015; 45 Ky.R. 2744, 3066; eff. 5-31-2019; Crt eff. 12-3-2025.

702 KAR 1:170 School district data security and breach procedures {#sec-702-kar-1-170 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:170}

Section 1. Definitions.

(1) "Personal information" is defined by KRS 61.931(6).

(2) "Reasonable security and breach investigation procedures and practices" is defined by KRS 61.931(8).

Section 2. Best Practice Guide for School District Personal Information Reasonable Security. The department shall at least annually provide school districts best practice guidance for personal information reasonable security. The current department guidance is provided in the Data Security and Breach Notification Best Practice Guide, which is incorporated by reference into this administrative regulation. School districts shall not be required to adopt the security practices included in this guidance.

Section 3. Annual Public School District Acknowledgement of Best Practices. Each public school district shall review and consider, in light of the needs of reasonable security, the most recent best practice guidance, including the Data Security and Breach Notification Best Practice Guide, for personal information reasonable security. Each public school district shall acknowledge to its own local board during a public board meeting prior to August 31 of each year, that the district has reviewed this guidance and implemented the best practices that meet the needs of personal information reasonable security in that district.

Section 4. Annual Department Acknowledgement of Best Practices. The department shall review and consider, in light of the needs of reasonable security, the most recent best practice guidance for personal information reasonable security. The department shall acknowledge to the KBE, by August 31 of each year, that the department has reviewed this guidance and implemented the best practices that meet the needs of personal information reasonable security for the department.

Section 5. Data Breach Notification to the Department. Any public school district that determines or is notified of a security breach relating to personal information collected, maintained, or stored by the school district or by a nonaffiliated third party on behalf of the school district shall provide the notification of the security breach to the department required by KRS 61.933, pursuant to the procedure included in the Data Security and Breach Notification Best Practice Guide.

Section 6. Incorporation by Reference.

(1) "Data Security and Breach Notification Best Practice Guide", September 2015, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 500 Mero Street, First Floor, Capital Plaza Tower, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 61.931, 61.932, 61.933
STATUTORY AUTHORITY: KRS 61.932(1)(b), 156.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 authorizes the Kentucky Board of Education (KBE) to promulgate administrative regulations necessary for the efficient management, control, and operation of the schools and programs under its jurisdiction. KRS 61.932(1)(b) specifically requires the KBE to promulgate administrative regulations establishing requirements and standards for the reasonable security and breach investigation procedures and practices established and implemented by public school districts. This administrative regulation establishes the requirements and standards for school district reasonable security and breach investigation procedures and practices.
History: 42 Ky.R. 1069; 1735; eff. 1-4-2016; Cert. eff. 8-9-2022.

702 KAR 1:180 School security risk assessment tool {#sec-702-kar-1-180 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:180}

Section 1. Verification. (1) As required by KRS 158.4410, each local district superintendent shall annually verify that all schools within the district have completed the Internal School Security Risk Assessment Tool approved by the KCSS board of directors and incorporated by reference within this administrative regulation pursuant to KRS 158.443.

Section 2. Incorporated by Reference.

(1) "Internal School Security Risk Assessment Tool", June 2020, is incorporated by reference.

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

History

RELATES TO: KRS 156.160, 158.4410, 158.4412, 158.442, 158.443, 158.444
STATUTORY AUTHORITY: KRS 156.029, 156.070, 156.160, 158.442, 158.443, 158.444
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.029(7) establishes that the primary function of the Kentucky Board of Education (KBE) is to adopt administrative regulations governing the educational programs, services, and activities within the KBE's jurisdiction that the Kentucky Department of Education (department) administers and operates, and KRS 156.160 requires the KBE to promulgate administrative regulations establishing standards which school districts shall meet in student, program, service, and operational performance. In accordance with KRS 158.442, which establishes the Center for School Safety (KCSS), the KCSS is required to advise the Kentucky Board of Education on administrative policies and administrative regulations relating to school safety and security. KRS 158.443(9)(b) requires that the board of directors for the KCSS approve a school security risk assessment tool and updates as necessary in accordance with KRS 158.4410 to be incorporated by reference within an administrative regulation promulgated in accordance with KRS Chapter 13A. KRS 158.444 requires the Kentucky Board of Education to promulgate administrative regulations related to school safety, student discipline, and related matters. This administrative regulation incorporates by reference the school security risk assessment tool approved by the KCSS board of directors.
History: 44 Ky.R. 1177, 1552, 1835; eff. 3-9-2018; 47 Ky.R. 229, 727; eff. 1-5-2021.

702 KAR 1:191 District employee quarantine leave {#sec-702-kar-1-191 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:191}

Section 1. Quarantine Leave.

(1) Each district board of education shall adopt policies providing each eligible full or part-time employee in the school district at least ten (10) days paid leave per school year for quarantine due to exposure to a reportable infectious or contagious disease under 902 KAR 2:020 or any other infectious or contagious disease designated as reportable to a local health department or the Department for Public Health by a valid order or administrative regulation of the local health department serving the school district or the Department for Public Health. This leave shall be in addition to any other leave provided by statute or board policy.

(2) In order to be eligible for leave under this section, the employee shall:

(a) Be ordered to quarantine by a licensed treating physician, physician assistant, or advanced practice registered nurse, the Department for Public Health, or a local health department due to exposure to a reportable infectious or contagious disease under 902 KAR 2:020 or any other infectious or contagious disease designated as reportable to a local health department or the Department for Public Health by a valid order or administrative regulation of the local health department serving the school district or the Department for Public Health ; and

(b) Have exhausted all accumulated sick leave provided to the employee pursuant to KRS 161.155 and local board of education policies, or be ineligible to utilize accumulated sick leave provided to the employee pursuant to KRS 161.155 and local board of education policies.

(3) A school district shall require the employee to provide written documentation from the entity ordering the employee to quarantine due to exposure to a reportable infectious or contagious disease under 902 KAR 2:020 or any other infectious or contagious disease designated as reportable to a local health department or the Department for Public Health by a valid order or administrative regulation of the local health department serving the school district or the Department for Public Health.

(4) A school district, at its discretion, may determine quarantine leave pursuant to this section is unnecessary if an employee can fulfill his or her job duties remotely during the quarantine period.

(5) Leave granted pursuant to this section shall be on a day-by-day basis, as needed, and shall not accumulate or carry over year-to-year, and shall not be transferrable to any other classification of paid leave established by KRS 161.155, KRS 161.154, or local board of education policy.

History

RELATES TO: KRS 156.160, 160.290, 160.291, 161.155
STATUTORY AUTHORITY: KRS 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to promulgate administrative regulations establishing standards which school districts shall meet in student, program, service, and operational performance, including regulations for the protection of the physical welfare and safety of public school children, as well as the pay of teachers during absence because of sickness or quarantine. KRS 156.070 provides the Kentucky Board of Education with the management and control of the common schools and all programs operated in those schools. KRS 160.291 authorizes fringe benefit payments by local boards of education which are deemed to be for services rendered for the benefit of the common schools. This administrative regulation establishes paid quarantine leave to employees in the event of quarantine due to infectious or contagious disease exposure.
History: 48 Ky.R.1078, 2106, 2210; eff. 5-3-2022.

Chapter 3 School Administration and Finance

702 KAR 3:020 Bond issue approval {#sec-702-kar-3-020 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:020}

Section 1. The Commissioner of Education shall determine the financial soundness of all school revenue bond issues. He shall supervise all phases of school revenue and voted bonds.

Section 2. The Commissioner of Education shall disapprove the sale of any school revenue or school voted bond issue which he deems to be not in accord with Kentucky Board of Education administrative regulations or financially unsound for the district in question.

Section 3. Fiscal agents shall be registered with the Department of Financial Institutions in the Commonwealth of Kentucky. The local board of education shall select the fiscal agent for the proposed revenue bond issue. The fiscal agent shall employ appropriate bond counsel subject to approval of the local board of education. The allowable discount on bonds shall not exceed two (2) percent of the par value of the issue under contract.

Section 4. Twenty (20) percent of the fund to Support Education Excellence in Kentucky (SEEK) capital outlay funds shall be set aside as a safety factor in determining the initial bonding potential of a local district. The Commissioner of Education may allow safety factors below twenty (20) percent to a minimum of ten (10) percent on a case by case basis dependent upon the financial stability of the individual school district. The following sources of revenue shall be eligible as annual revenues in support of school building revenue bonds or notes:

(1) SEEK capital outlay funds (KRS 157.420);

(2) Facilities Support Program of Kentucky funds (KRS 157.440);

(3) School building funds (KRS 160.476); and

(4) Special trust funds (if a legal opinion is provided by bond counsel).

Section 5.

(1) Revenue bond anticipation notes or the reissuance (roll over) of bond anticipation notes shall be issued only upon approval of the Kentucky Board of Education on a case by case basis and in accord with KRS 58.150.

(2) Prior to submittal to the Kentucky Board of Education for approval, the local school district shall provide the Department of Education the following financial information:

(a) Sources and annual amounts of revenue available for debt service;

(b) Projected debt service of a comparably-sized bond issue using maximum interest rates that the district could support with current available revenues as reflected in paragraph (a) of this subsection; and

(3) The following criteria shall apply to determining the approval of bond anticipation notes or the reissuance (roll over) of bond anticipation notes:

(a) The district shall show evidence that the available fiscal resources could support a twenty (20) year revenue bond issue at the then-current market rates plus one and five-tenths (1.5) percent;

(b) The district shall agree to escrow the difference between a regular revenue bond issue at the then-current market rate twenty (20) year amortization schedule, level principal redemption, and the annual net interest cost of the bond anticipation notes. The escrow account shall be used to reduce the principal of the note at the call date, the termination date, or as is stipulated in the terms and conditions of the issue note;

(c) Notes shall be issued for a period not less than two (2) nor more than four (4) years with a one (1) year call provision; and

(d) Bonds may be required to be issued to replace callable notes if market conditions change so that permanent financing is advisable and warranted.

Section 6. The maximum net interest cost for the sale of school revenue bonds established by the Kentucky Board of Education shall be a rate no greater than the most current Bond Buyer's 20 - Bond Index plus one and five-tenths (1.5) percent. If a bid on an issue of bonds exceeds the maximum interest rate, the Commissioner of Education may declare an emergency to exist and request the chairman to convene the Kentucky Board of Education for the purpose of approving or disapproving his recommendation that the bonds be sold.

History

RELATES TO: KRS 58.150, 156.070, 156.200, 156.210, 162.080, 162.090, 162.100, 162.120-162.290, 162.300, 162.385
STATUTORY AUTHORITY: KRS 58.150(1), 156.070(1), 160.160, 162.160, 162.170, 162.180
NECESSITY, FUNCTION, AND CONFORMITY: KRS 58.150(1) authorizes the Kentucky Board of Education to allow local school districts to issue revenue bond anticipation notes as an initial financing mechanism. KRS 156.070(1) gives the Kentucky Board of Education the management and control of the common schools. KRS 156.200 and 156.210(1) require the Commissioner of Education to receive all reports and supervise all accounts of local boards of education, and to rectify any improper use of school funds. KRS 160.160, 162.080, 162.090, 162.100, 162.120 to 162.290, 162.300, and 162.385 establish methods and authorizations for school districts to finance capital construction projects through bonds. This administrative regulation establishes procedures for the approval of bond and bond anticipation note issues by school districts.
History: 702 KAR 003:020. SBE 21.010; 1 Ky.R. 69; eff. 11-13-1974; 6 Ky.R. 283; 383; eff. 1-2-1980; 12 Ky.R. 412; eff. 11-12-1985; 15 Ky.R. 1916; eff. 3-23-1989; 17 Ky.R. 1545; eff. 12-9-1990; 21 Ky.R. 1783; eff. 3-2-1995; 28 Ky.R. 1201; 1631; eff. 1-14-2002; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 3:030 Insurance requirements {#sec-702-kar-3-030 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:030}

Section 1.

(1) A local board of education shall procure insurance coverage, which reflects the estimated replacement cost, actual cash values, and the amount of fire and extended insurance coverage provided for each building and its contents owned by the local board of education which is not surplus to its needs as shown by the approved facilities plan.

(2) A building and its contents shall be insured for an amount equal to 100 percent of the replacement cost as shown on the schedule of values certified by the Kentucky Department of Education or as determined through a certified replacement cost appraisal of the building and its contents performed by an appraiser experienced in appraising commercial or governmental property and licensed to perform appraisal services in Kentucky pursuant to KRS 324A.045, and each policy covering the buildings and contents shall provide an agreed amount endorsement.

(3) The replacement cost of the building shall include the increased cost of construction brought about by code changes that have occurred since the original structure was built and which would be required to be incorporated within the rebuilt structure.

(4) The following minimum sublimit shall be required:

(a) Ordinance and law - $5,000,000.

(b) Debris removal - $1,000,000.

(5) Despite the required insuring of individual buildings and contents at 100 percent of replacement cost, a blanket limitation on an insurance carrier's liability per occurrence may be procured if:

(a) An individual district's schedule of values exceeds $100,000,000; and

(b) The blanket limitation equals at least $100,000,000 and at least fifty (50) percent of total replacement costs.

Section 2. Insurance on property specified in Section 1 of this administrative regulation shall be provided by carriers licensed to do business in the State of Kentucky and shall have features that provide for:

(1) A maximum of eighty (80) percent coinsurance;

(2) A per occurrence deductible on all perils not to exceed five (5) percent of the prior year's capital outlay allotment or $25,000, whichever amount is smaller; and

(3) A replacement cost endorsement.

Section 3. A building requiring insurance and containing a steam boiler shall have boiler and machinery coverage having a limit of liability equal to the total value of the real and personal property in the building in which the steam boiler is located.

Section 4. A school district may cover property in a self-insurance pool providing coverage at least equal to the standard of coverage specified in Sections 2 and 3 of this administrative regulation. A self-insurance pool shall be adequately reinsured by a carrier approved to do business in the state of Kentucky and shall provide facilities for insuring all of the property of an individual district to which this administrative regulation applies.

Section 5. If a school building cannot be insured on a replacement cost basis, the policy insuring the building shall carry an agreed amount endorsement, and a certification signed by the local superintendent and board chairman shall be attached to the policy stating that it would not be fiscally responsible to provide replacement cost coverage for the building being insured.

Section 6. Insurance coverage provided for in Sections 2 and 3 of this administrative regulation shall be obtained by local school districts by bids after having advertised for bids, if bids are required by KRS Chapter 45A or 424.

History

RELATES TO: KRS Chapter 45A, 160.105
STATUTORY AUTHORITY: KRS 156.070, 160.105, 324.045, Chapter 424
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(4) authorizes the Kentucky Board of Education to promulgate administrative regulations necessary for the efficient management, control, and operation of the schools and programs under its jurisdiction. KRS 156.070(5) requires the board to promulgate administrative regulations relating to programs, services, publications, capital construction and facility renovation, equipment, litigation, contracts, budgets, and all other matters which are the administrative responsibility of the Department of Education. KRS 160.105 requires the board to promulgate administrative regulation requiring each school district to provide for fire and extended insurance coverage on nonsurplus buildings, at not greater than replacement cost but allowing for coinsurance and deductible features. This administrative regulation establishes requirements for the level of insurance coverage needed for school district buildings and structures.
History: 702 KAR 003:020. SBE 21.020; 1 Ky.R. 69; eff. 11-13-1974; 9 Ky.R. 254; 488; 779; eff. 12-1-1982; 1036; eff. 4-6-1983; 17 Ky.R. 426; 1352; eff. 10-14-1990; 31 Ky.R. 1582; 1812; eff. 5-26-2005; 36 Ky.R. 2108-A; 2326; eff. 7-2-2010; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 3:045 Withholding funds {#sec-702-kar-3-045 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:045}

Section 1. The chief state school officer shall be authorized to withhold state funds from any school district in the state which fails to have on file in the Department of Education on the due date any and all reports as required by the statutes or the rules and administrative regulations of the State Board for Elementary and Secondary Education.

History

RELATES TO: KRS 156.035, 156.070, 157.410
STATUTORY AUTHORITY: KRS 156.035, 156.070, 157.320, 157.410
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.035 and 156.070 set forth the State Board for Elementary and Secondary Education's plenary powers over the management and control of local school districts and disbursement of state appropriations. This administrative regulation is necessary to insure that all reports and documents are filed as required.
History: SBE 21.040; 1 Ky.R. 69; 695; eff. 3-12-1975; 6 Ky.R. 580; eff. 7-2-80; 17 Ky.R. 1548; eff. 12-9-1990; 18 Ky.R. 3519; eff. 8-1-1992; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 3:050 Application to exceed budget {#sec-702-kar-3-050 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:050}

Section 1. The chief state school officer shall determine on the basis of evidence submitted in an application provided by the Division of School District Finance to exceed the current budget of a local board of education whether or not an emergency exists within the meaning of KRS 160.550. The chief state school officer shall examine carefully all facts pertaining to the claimed emergency and take such action as he deems appropriate, including the authority to declare an emergency in those cases where the health and safety of the pupils of the school district are placed in jeopardy or the school program disrupted.

Section 2. Any application to exceed the current budget filed under this administrative regulation, as well as any emergency declared by the chief state school officer, shall be submitted to the State Board for Elementary and Secondary Education for a final decision.

History

RELATES TO: KRS 156.031, 160.550
STATUTORY AUTHORITY: KRS 156.070, 160.550
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.031 requires that administrative regulations relating to statutes amended by the 1990 Kentucky Education Reform Act be reviewed, amended if necessary and resubmitted to the Legislative Research Commission prior to December 30, 1990; and KRS 160.550 requires that no local school district may have a deficit budget situation except for a purpose for which bonds have been voted or upon a declaration of emergency by the State Board for Elementary and Secondary Education. This administrative regulation is necessary to provide a safeguard against deficit spending by local boards of education and to establish the process for declaration of an appropriate emergency.
History: SBE 21.050; 1 Ky.R. 69; 695; eff. 3-12-1975; 5 Ky.R. 1082; eff. 8-1-1979; 17 Ky.R. 1548; eff. 12-9-1990; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 3:060 Procedure for payment of employees {#sec-702-kar-3-060 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:060}

Section 1. A board of education shall establish a calendar for payment of salaries to all school employees working on a continuing, regular basis of less than twelve (12) months a year and may require a teacher to present reports of attendance and other necessary reports before the salary check is delivered.

Section 2. A board of education may adopt a policy whereby employees' salaries may be made payable for a period in excess of the number of months for which the school is operated, not exceeding twelve (12) months if the board adopts one (1) of the following plans:

(1) The board of education shall write all deferred salary checks on or before June 30 of the current fiscal year and these deferred checks shall then be delivered at the regular pay periods in July and August of the following fiscal year; or

(2) The board of education shall set up a payroll account into which shall be transferred on the order of the board of education on or before June 30, the gross amount for salaries earned by employees but not paid. The amounts transferred into this payroll account shall be held for the payment of deferred employees' salaries and shall not be used for any other purpose. Payment of salaries from this fund shall be at the regular pay periods in July and August of the following fiscal year.

Section 3. Upon written request to the superintendent by a school district employee, a local board of education shall pay all deferred salary checks to the employee. To comply with the written request, a local board shall provide the deferred checks prior to the end of the fiscal year and no later than the first regular payroll date occurring after completion of the employee's responsibilities or duties.

Section 4.

(1) A board of education shall pay an annual national board certification salary supplement to a teacher who has attained certification from the National Board for Professional Teaching Standards who works as a teacher or mentor in the field of certification at least fifty (50) percent of the time.

(2) A board of education shall request reimbursement for salaries supplements paid during a school year by submitting the following information to the Department of Education by May 15 of that school year:

(a) Teacher's name;

(b) Field of national certification;

(d) Date of certification;

(e) For teachers eligible for the first time, the date of completion of all requirements for the National Board for Professional Teaching certificate;

(f) School name; and

(g) Reimbursement amount requested.

(3) If an eligible teacher satisfactorily completes all requirements for the National Board for Professional Teaching certificate by September 1 of the school year, the salary supplement shall be added to the teacher's annual salary. If the teacher becomes eligible for the national board certification salary supplement during the school year, the school district shall pay the portion of the salary supplement equal to the portion of the school year during which the teacher was eligible.

(4) If the teacher becomes ineligible for the national board certification salary supplement during the school year, the school district shall pay the portion of the salary supplement equal to the portion of the school year during which the teacher was eligible.

History

RELATES TO: KRS 157.390, 157.395, 160.291, 160.450, 161.210(1)
STATUTORY AUTHORITY: KRS 156.070(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 160.291 requires for all school employees working on a continuing, regular basis of less than twelve (12) months a year to be paid regularly, on dates determined by the employing board of education, with the gross salary received on each pay date to be equal to the employee's annual salary divided by the number of pay dates and with payments deemed to be for services rendered. KRS 160.450 requires the fiscal year of all school districts to begin on July 1 and end on June 30. KRS 161.210 requires a teacher or other person in a public school to submit reports at the time and in the manner prescribed by the state board. KRS 156.070 requires the Kentucky Board of Education to manage and control public schools. KRS 157.395 requires a local board of education to provide a public school teacher who has attained certification from the National Board for Professional Teaching Standard with an annual salary supplement for the life of the certificate while the teacher is employed as a teacher or mentor in the field of national certification. This administrative regulation establishes procedures relative to payment of certified and classified school employees.
History: SBE 21.060; 1 Ky.R. 70; eff. 11-3-1974; 5 Ky.R. 140; eff. 12-6-1978; 7 Ky.R. 246; eff. 10-1-1980; 17 Ky.R. 1549; eff. 12-9-1990; 25 Ky.R. 617; 1045; eff. 11-5-1998; 29 Ky.R. 1338; eff. 1-16-2003; Crt eff. 11-16-2018; 47 Ky.R 2474; 48 Ky.R. 347; eff. 11-2-2021.

702 KAR 3:070 Teachers' salary scheduling {#sec-702-kar-3-070 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:070}

Section 1. Each board of education shall adopt and submit for the approval of the Kentucky Board of Education a single salary schedule as defined in KRS 157.320(12).

Section 2.

(1) A local board of education shall validate all experience of professional personnel employed in the school district.

(2) The validation of experience shall be on file in the office of the superintendent.

(3) Professional personnel leaving employment of a local board of education shall be granted experience credit if:

(a) The employee's career was interrupted to perform military duty, voluntarily or involuntarily; and

(b) The employee has been relieved from duty under conditions other than dishonorable.

Section 3. A local board of education may allow increments in pay to members of its professional staff who render services beyond those normally expected of other professional members of the staff if the duties rendered extend beyond the regular school day.

Section 4. Expenditures for increments for extra duties classified as extra service shall not be counted toward meeting the requirements of KRS 157.420.

History

RELATES TO: KRS 157.320, 157.390
STATUTORY AUTHORITY: KRS 156.070, 157.320
NECESSITY, FUNCTION, AND CONFORMITY: KRS 157.320 defines experience for state funding of teacher salary purposes and the single salary schedule. This administrative regulation establishes procedures for teachers' salary scheduling and extra service pay.
History: SBE 21.070; 1 Ky.R. 70; eff. 3-12-1975; 10 Ky.R. 644; eff. 12-2-1983; 17 Ky.R. 1550; eff. 12-9-1990; 28 Ky.R. 1203; 1632; eff. 1-14-2002; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 3:075 Substitute teachers' salary scheduling {#sec-702-kar-3-075 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:075}

Section 1.

(1) A local board of education shall adopt annually a per diem pay schedule for substitute teaching.

(2) A substitute teacher shall be paid on a single salary schedule based on training and experience.

(3) A substitute teacher shall be ranked in accordance with requirements outlined in KRS 157.390.

(4) The pay schedule for substitute teaching shall be the same, higher, or lower than the rate of pay for a regular full-time teacher.

History

RELATES TO: KRS 156.160(1)(i)
STATUTORY AUTHORITY: KRS 156.160(1)(i)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(i) requires the Kentucky Board for Education to promulgate administrative regulations relating to the preparation of salary schedules for local school districts. This administrative regulation establishes criteria for a pay schedule for substitute teaching.
History: SBE 21.075; 1 Ky.R. 70; eff. 11-13-1974; 17 Ky.R. 1552; eff. 12-9-1990; 26 Ky.R. 642; 1000; eff. 11-1-1999; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 3:080 Fidelity bond, penal sum for treasurer, finance officer, and others {#sec-702-kar-3-080 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:080}

Section 1. Definitions.

(1) "Total current assets" means the 61XX series in the balance sheet object codes as provided in 702 KAR 3:120.

(2) "Total revenue" means codes 1000-4999 in the revenue object codes as provided in 702 KAR 3:120.

Section 2.

(1) A local board of education shall require a fidelity bond from the board treasurer, the finance officer, and others holding similar positions who are responsible for district funds or who receive and expend funds on behalf of the school district.

(2) A local board of education, on the advice of the Commissioner of Education, shall determine the amount of the penal sum of the fidelity bond for all employees by July 1st of each year.

(3) The local board of education shall submit the fidelity bonds to the Commissioner of Education for approval no later than July 31st of each year. A district shall not resubmit a multiyear bond for approval in subsequent years if the bond amount is still adequate.

Section 3. A bond shall not be approved if the Commissioner of Education determines that the bond is inadequate to safeguard the funds of the district board of education.

Section 4. The cost of bonds shall be a liability of the general fund or of any account which the specific bond protects. The penal sum of any bond shall be determined by the following table based on an exposure factor of twenty (20) percent of the total current assets plus ten (10) percent of the total revenue in the prior fiscal year:

History

RELATES TO: KRS 156.010, 160.560
STATUTORY AUTHORITY: KRS 156.029(7), 156.070, 160.560(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.029(7) requires the Board of Education to develop policies and to promulgate administrative regulations by which the Department of Education shall be governed. KRS 156.070 authorizes the Board of Education to promulgate administrative regulations necessary for the efficient management, control, and operation of the schools and programs under its jurisdiction. KRS 160.560(2) requires each local board of education treasurer to be bonded in accordance with Kentucky Board of Education administrative regulations. This administrative regulation establishes a penal sum for the bond of treasurer and requires the bonding of other school employees.
History: 702 KAR 003:080. SBE 21.080; 1 Ky.R. 70; eff. 11-13-1974; 1552; eff. 12-9-1990; 28 Ky.R. 1690; 2028; eff. 3-18-2002; 35 Ky.R. 635; 1461; eff. 1-5-2009; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 3:090 Depository of board, collateral {#sec-702-kar-3-090 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:090}

Section 1.

(1) Before any board of education appoints a bank, trust company, or savings and loan association to serve as depository as required pursuant to KRS 160.570, the board shall:

(a) Require the depository to pledge collateral having an aggregate current face value or current quoted market value at least equal to the local board of education deposits as of the last business day of each quarter in which funds are so deposited, or provide to the local board a surety bond or surety bonds in favor of the local board of education in an amount at least equal to the local board of education deposits, as of the last business day of each quarter in which funds are deposited; provided, however, that amounts insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation need not be so collateralized.

(b) As an alternative to subsection (1)(a), a depository insured by the Federal Deposit Insurance Corporation may either pledge to the local board, as collateral, securities or other obligations having an aggregate face value or a current quoted market value or provide to the local board a surety bond or surety bonds in an amount equal to eighty (80) percent of the value of the local board of education deposits including demand and time accounts, if the depository is determined by the State Investment Commission to have very strong credit with little or no credit risk at any maturity level and the likelihood of short-term unexpected problems of significance is minimal or not of a serious or long-term nature.

(2) The value of the local board of education deposit shall be determined at the end of the business day of deposit and as of the end of business on the last day of each quarter that funds are so deposited.

Section 2. The local board shall submit the affidavit of the depository to the Commissioner of Education for approval. The collateral shall not be approved by the Commissioner of Education if the commissioner determines that the collateral is inadequate to insure the deposits of the local board of education.

Section 3. Incorporation by Reference.

(1) "Affidavit of Depository", 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 Finance and Operations, 300 Sower Building, Frankfort, Kentucky, Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

RELATES TO: KRS 156.010, 160.570
STATUTORY AUTHORITY: KRS 156.029(8), 160.570
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.029(8) requires the Board of Education to develop policies and to promulgate administrative regulations by which the Department of Education shall be governed. KRS 160.570(2) requires each local board of education's designated depository of funds to provide collateral for the faithful performance of its duties, which shall be approved by the local board and the Commissioner of Education. KRS 160.570(2) states that collateral shall be provided in accordance with KRS 41.240. This administrative regulation establishes the process for approval of collateral by the local board of education and the Commissioner of Education.
History: SBE 21.090, 21.270; 1 Ky.R. 71; eff. 11-13-1974; 1874; eff. 7-9-1985; 17 Ky.R. 1553; eff. 12-9-1990; 27 Ky.R. 846; eff. 11-17-2000; 28 Ky.R. 1691; 2028; eff. 3-18-2002; 35 Ky.R. 1889; 2742; eff. 6-8-2009; Crt eff. 11-16-2018; 48 Ky.R. 2513, 2970; eff. 8-30-2022.

702 KAR 3:100 Data report, professional staff {#sec-702-kar-3-100 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:100}

Section 1. The Department of Education professional staff data report shall be completed for teachers paid by or under the supervision of the local school district as of September 15 and shall be submitted to the Department of Education prior to October 1 of each school year.

Section 2. Incorporation by Reference.

(1) The "Professional Staff Data Report File Layout", dated July 1, 2001, is hereby incorporated by reference.

(2) This document may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, Division of Data Policy Management and Research, 17th Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 157.320, 157.390, 157.420
STATUTORY AUTHORITY: KRS 156.070, 157.320(9)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 157.320(9) authorizes the Kentucky Board of Education to promulgate administrative regulations recommended by the Commissioner of Education that are necessary for carrying out the purposes of KRS 157.310 to 157.440, relating to the Fund to Support Education Excellence in Kentucky (SEEK). KRS 157.420 establishes restrictions on a local district's teachers' salaries allotment. This administrative regulation establishes requirements for the collection of salary data on teachers employed by the school district.
History: 1 Ky.R. 71; eff. 3-12-1975; 11 Ky.R. 249; eff. 9-11-1984; 12 Ky.R. 413; eff. 11-12-1985; 17 Ky.R. 1554; 1993; eff. 12-9-1990; 23 Ky.R. 1428; 2468; eff. 12-5-1996; 28 Ky.R. 1204; 1633; eff. 1-14-2002; Crt eff. 6-28-2019; Crt eff. 4-9-2026.

702 KAR 3:110 Document filing dates {#sec-702-kar-3-110 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:110}

Section 1. The documents which become a part of Kentucky Board of Education archives shall be electronically submitted to the Division of School Finance in the formats prescribed by the Municipal Information System (MUNIS) and received by the division by the following dates annually:

(1) Tentative Budget, (MUNIS Tentative Working Budget, dated August, 1997), May 30;

(2) Annual Financial Report (MUNIS Annual Financial Report, dated August, 1997), July 25;

(3) Balance Sheet (MUNIS Group Code Balance Sheet, dated August, 1997), July 25; and

(4) Working Budget (MUNIS Working Budget, dated August, 1997), September 30.

Section 2.

(1) A district board of education shall prepare a tentative and working budget showing the amount of money needed for current expenses, debt service, capital outlay, and other necessary expenses of the schools during the succeeding fiscal year, and the estimated amount that will be received from the common school fund, from taxation, and other sources. The working budget shall be disapproved by the Kentucky Board of Education if it is financially unsound or fails to provide for:

(a) Payment of maturing principal and interest on any outstanding voted school improvement bonds of the school district, authorized and issued pursuant to KRS 162.080 and 162.090 with the written approval of the Kentucky Board of Education;

(b) Payment of rentals in connection with any outstanding school building revenue bonds issued for the benefit of a school district as authorized and provided under the provisions of KRS 162.120 to 162.300, 162.385 and 58.010 to 58.140, with the written approval of the Kentucky Board of Education; or

(2) The Kentucky Board of Education shall state the reason for disapproval, and the district board of education shall amend its budget to obviate the reason for disapproval and resubmit the budget to the Kentucky Board of Education for final approval.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Tentative Budget (MUNIS Tentative Working Budget, dated August, 1997);

(b) Annual Financial Report (MUNIS Annual Financial Report, dated August, 1997);

(d) Working Budget (MUNIS Working Budget, dated August, 1997).

(2) This material may be inspected, copied, or obtained at the Department of Education, Office of District Support Services, Capital Plaza Tower, 15th Floor, 500 Mero Street, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 156.160(1)(i), (j), 157.060
STATUTORY AUTHORITY: KRS 156.160(1)(i), (j)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(j) requires the Kentucky Board of Education to establish a uniform series of financial forms for local school districts. KRS 157.060 requires a local district to submit an annual financial report. This administrative regulation establishes the forms and dates of filing for Kentucky Board of Education financial archives and the criteria for disapproval of budgets.
History: SBE 21.120; 1 Ky.R. 71; eff. 11-13-74; 17 Ky.R. 1555; 1993; eff. 12-9-1990; 24 Ky.R. 1565; 2118; eff. 4-13-1998; 25 Ky.R. 618; eff. 11-5-1998; 27 Ky.R. 847; eff. 11-17-2000; Crt eff. 6-28-2019; Crt eff. 4-9-2026.

702 KAR 3:120 Uniform school financial accounting system {#sec-702-kar-3-120 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:120}

Section 1. A local board of education shall follow the uniform financial accounting system detailed in "KETS District Administrative System Chart of Accounts," and the "Charts of Accounts Descriptions".

Section 2. All the financial records of a local board of education shall be filed in either the office of the superintendent or in a location designated by the superintendent.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "KETS District Administrative System Chart of Accounts", June, 1999; and

(b) "Chart of Accounts Descriptions", June, 1999.

(2) This material may be inspected, copied, or obtained at the Division of Finance, Department of Education, 15th Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. through 4:30 p.m.

History

RELATES TO: KRS 156.070, 156.160, 156.200
STATUTORY AUTHORITY: KRS 156.070, 156.160, 156.200
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 gives the Kentucky Board of Education the management and control of the common schools. KRS 156.160 gives the state board authority over local school district budgets. KRS 156.200 gives the state board authority over the accounting procedures and reports of local boards of education. This administrative regulation establishes a uniform system of financial accounting and budgets for boards of education.
History: SBE 21.125; 1 Ky.R. 71; eff. 11-13-1974; 5 Ky.R. 816; eff. 6-6-1979; 17 Ky.R. 427; eff. 10-14-1990; 21 Ky.R. 2243; eff. 6-1-1995; 26 Ky.R. 642; 1000; eff. 11-1-1999; Crt eff. 6-28-2019; Crt eff. 4-9-2026.

702 KAR 3:130 Internal accounting {#sec-702-kar-3-130 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:130}

Section 1. Definition. "School activity funds" means all school funds including funds derived from fundraising activities sponsored under the auspices of the school and does not mean funds raised or received by organizations that do not come under the direct supervision of school authorities.

Section 2. District Responsibilities.

(1) A local board of education shall have the responsibility for administration and control of all school activity funds and comply with "Accounting Procedures for Kentucky School Activity Funds", which is also known as the "Redbook".

(2)

(a) The August 2019 edition of the Redbook shall be used through July 31, 2026, or until the effective date of this administrative regulation whichever is later.

(b) The August 2026 edition of the Redbook shall be used beginning on August 1, 2026, or upon the effective date of this administrative regulation whichever is later.

Section 3. Audits.

(1) School activity fund internal accounts shall be audited annually by a certified public accountant, and a report shall be made to the local board of education.

(2) Audit reports shall be reviewed and accepted by the local board of education, and appropriate action taken.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Accounting Procedures for Kentucky School Activity Funds", August 2019; and

(b) "Accounting Procedures for Kentucky School Activity Funds", August 2026.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, Division of District Support, 300 Sower Boulevard, 4th Floor, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed at: https://www.education.ky.gov/districts/legal/Pages/Kentucky-Revised-Statutes.aspx.

History

RELATES TO: KRS Chapter 45A, 66.480, 156.029, 156.076, 156.160, 156.200, 156.265, 158.290, Chapter 160, Chapter 238, 424.260
STATUTORY AUTHORITY: KRS 156.070, 156.160, 156.200
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools. KRS 156.200 requires the Kentucky Board of Education to regulate accounting procedures and reports of local school districts. KRS 156.160 requires the Kentucky Board of Education to promulgate administrative regulations establishing standards which school districts shall meet in student, program, service, and operational performance. This administrative regulation establishes uniform procedures for the accounting of school activity funds.
History: 702 KAR 003:130. SBE 21.250, 21.260, 21.270, 21.280, 21.290, 21.295, 21.300, 21.305; 1 Ky.R. 71; eff. 11-13-1974; Am. 5 Ky.R. 816; eff. 6-6-1979; 6 Ky.R. 581; eff. 7-2-1980; 17 Ky.R. 428; 1353; eff. 10-14-1990; 20 Ky.R. 1684; eff. 2-2-1994; 21 Ky.R. 2244; eff. 6-1-1995; 23 Ky.R. 185; eff. 9-5-1996; 28 Ky.R. 1204; 1633; eff. 1-14-2002; 34 Ky.R. 1800; 2092; eff. 4-4-2008; 39 Ky.R. 1321; 1891; 2173; eff. 5-31-2013; 46 Ky.R. 252, 1122; eff. 11-1-2019; 52 Ky.R. 1213; eff. 6-2-2026.

702 KAR 3:135 Bidding procedures {#sec-702-kar-3-135 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:135}

Section 1. For a school district electing not to adopt KRS 45A.345 to 45A.460, the following shall apply:

(1) Notices for bidding advertised by boards of education for purchases of materials, supplies, equipment, or contractual services, where advertising for bids is required or allowed by statute, shall describe the materials, goods or services to be bid and the time and place for the receipt and opening of bids;

(2) All bids shall be submitted in writing, typewritten or in ink as to be legible, and sealed, and they shall be opened and read publicly at the time and place designated for the bid opening;

(3) A bid shall not be changed after it is opened. This shall not prevent the acceptance or rejection of alternates which are specified as a part of the regular bid forms and specifications. Negotiation of contracts subsequent to the time bids are submitted shall be prohibited. Late bids or proposals shall not be considered;

(4) If the lowest bid is not accepted, the board shall record in the minutes the reasons for the rejection;

(5) All bids submitted and related information shall be filed and made available for review by interested parties, except for information exempted pursuant to KRS 61.878; and

(6) Notification of the awarding of the contract shall be given in writing to all bidders. This notice shall include a list of all bidders together with their bid amounts.

Section 2. A bid which does not conform to this administrative regulation or does not conform with the contract specifications shall be rejected as being nonresponsive. A bid which is accepted in noncompliance with this administrative regulation shall be void.

History

RELATES TO: KRS 45A.343, 156.031, 156.070, 156.076, 424.260
STATUTORY AUTHORITY: KRS 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.343 authorizes school districts to elect to procure pursuant to KRS 45A.345 through 45A.460 or under KRS 424.260. KRS 156.070 gives the Kentucky Board of Education the management and control of the public schools and gives it authority to prescribe administrative regulations necessary for the efficient management, control, and operation of the schools under its jurisdiction. KRS 156.076 allows a board of education, under certain conditions, to advertise for bids and award contracts for supplies and equipment covered by price contracts secured by the Department of Finance at the request of the Kentucky Board of Education. KRS 424.260 requires a school district to make newspaper advertisements for bids for purchases of certain materials, supplies, equipment, or contractual services exceeding $20,000. This administrative regulation establishes the bidding procedures to be utilized by boards of education if applicable.
History: 702 KAR 003:135. 7 Ky.R. 283; eff. 10-1-1980; 16 Ky.R. 1251; eff. 2-3-1990; 17 Ky.R. 2019; eff. 2-7-1991; 28 Ky.R. 1205; 1633; eff. 1-14-2002; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 3:150 Audit exceptions and corrections {#sec-702-kar-3-150 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:150}

Section 1. All local boards of education shall be required to report to the chief state school officer, in writing, progress being made to correct exceptions appearing in school audits authorized by the State Committee for School District Audits or, in writing, justify any failure to correct exceptions appearing in any school audit authorized by the State Committee for School District Audits.

Section 2. Reports referred to in Section 1 of this administrative regulation shall be due to the chief state school officer forty-five (45) days after receipt of the audit report by the local board or no later than December 31 following the close of the fiscal year, whichever occurs first.

History

RELATES TO: KRS 156.031, 156.070, 156.265, 160.340
STATUTORY AUTHORITY: KRS 156.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.031 requires that administrative regulations relating to statutes amended by the 1990 Kentucky Education Reform Act be reviewed, amended if necessary and resubmitted to the Legislative Research Commission prior to December 30, 1990; and KRS 156.070 delegates the management and control of the common schools to the State Board for Elementary and Secondary Education; KRS 156.265 requires periodic and special audits of local school districts; and KRS 160.340 requires reports by local boards to the State Board for Elementary and Secondary Education on all phases of school service. This administrative regulation is necessary to provide a procedure for correcting exceptions identified in the independent audit authorized by the State Committee for School District Audits.
History: SBE 21.325; 1 Ky.R. 72; eff. 11-13-1974; 17 Ky.R. 2020; eff. 2-7-1991; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 3:190 Maximum class sizes {#sec-702-kar-3-190 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:190}

Section 1. Definitions.

(1) "Restricted exemptions" shall mean those exemptions granted prior to September 15 for up to five (5) students over class size maximums in grades four (4) through eight (8).

(2) "Annual exemptions" shall mean those exemptions granted after September 15 for up to two (2) students over class size maximums in the primary program and grades four (4) through twelve (12).

Section 2. Classes shall be within the maximum class size by September 15 of each school year. In a SBDM school, requests for exemptions from class size maximums shall not be required except for special education service delivery and case load. A SBDM school shall serve all students assigned by the local superintendent; however, local boards shall provide SBDM schools the same resources for personnel on the same basis as non-SBDM schools.

Section 3.

(1) In non-SBDM schools, more than twenty-four (24) students shall not be assigned to a primary homeroom without an exemption. As children are flexibly grouped for instruction, class size may temporarily exceed twenty-four (24) students. However, it shall be the obligation of the school district to provide staff on a basis that permits a twenty-four (24) to one (1) ratio unless an exemption has been granted pursuant to Section 7 of this administrative regulation.

(2) When an exemption is approved for the primary program, the services of an aide must be provided immediately. Exemptions for up to two (2) students over the maximum may be granted for primary homeroom assignments and/or total primary program assignments as based on a ratio of twenty-four (24) students to one (1) teacher. In SBDM schools, the same resources for personnel must be provided on the same basis as non-SBDM schools.

Section 4. In order to be in compliance by September 15, a superintendent of a local school district may request approval from the State Board for Elementary and Secondary Education for a one (1) year restricted exemption of no more classes than enroll twenty (20) percent of the pupils in the primary program and grades four (4) through eight (8) in each school, when unusual circumstances are believed to warrant an increased class size. No restricted exemptions shall be granted for classes in grades nine (9) through twelve (12).

Section 5. Since the district shall provide a plan to alleviate the overcrowding problem, a school granted a restricted exemption in a grade shall not be granted a restricted exemption in that grade or the next grade for the following year. Transferring of students between schools in subsequent years for the purpose of qualifying for an exemption shall not be approvable.

Section 6.

(1) In order to provide local school districts flexibility in scheduling for short-term transient students, after September 15 this administrative regulation shall not be considered violated until a student enrolled in excess of the class size is enrolled for a three (3) week transition period.

(2) After the three (3) week transition period, the district shall immediately request an annual class size exemption or initiate corrective action.

Section 7.

(1) The department may conduct an off-site visit to analyze the district's:

(a) Total classroom space;

(b) Class enrollments; and

(2) Exemptions may be granted by the Department of Education upon recommendation of the superintendent that unusual circumstances exist including but not limited to a lack of classroom space.

Section 8.

(1) Restricted and annual exemption requests shall be submitted on the specified forms and forwarded to the Office of Assistance and Intervention, Department of Education.

(2) The request for exemption shall contain specific reasons and circumstances causing the increased class size.

(3) The request for exemption shall include a specific plan for reducing the class size prior to the beginning of the next school year.

Section 9. The services of an aide shall be provided immediately upon approval of all class size exemptions, whether restricted or annual

Section 10. The State Board for Elementary and Secondary Education, through the chief state school officer, shall enforce this administrative regulation through monitoring and update reports submitted by the local school districts on September 15 and January 31 of each school year. Classes that exceed cap size by no more than two (2) students during the last month of the school year shall not require an exemption.

Section 11. Failure to comply with this administrative regulation may, in addition to other appropriate sanctions, result in the local superintendent and principal being charged with willful neglect of duty pursuant to KRS 156.132.

History

RELATES TO: KRS 157.360
STATUTORY AUTHORITY: KRS 156.070, 157.360
NECESSITY, FUNCTION, AND CONFORMITY: KRS 157.360(4) prescribes that except for those schools that have implemented school-based decision making, hereafter referred to as SBDM, the chief state school officer shall enforce maximum class sizes for every academic course requirement in all grades, except in vocal and instrumental music, and physical education classes and shall establish procedures for exemptions to the above. This administrative regulation implements the functions and prescribes criteria for granting class size exemptions.
History: 702 KAR 003:190. 11 Ky.R. 352; 591; eff. 10-9-1984; 12 Ky.R. 1164; eff. 2-4-1986; 13 Ky.R. 1468; eff. 3-6-1987; 14 Ky.R. 615; eff. 11-6-1987; 17 Ky.R. 429; eff. 12-7-1990; 19 Ky.R. 511; 903; eff. 10-1-1992; 20 Ky.R. 150; eff. 9-2-1993; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 3:220 Guidelines for waiver of school fees {#sec-702-kar-3-220 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:220}

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

Section 2. Local school districts shall establish a process by which to waive any applicable fees charged by the district for pupils who qualify for free or reduced price lunches, including a process by which at least all qualifying students shall be informed of the fee waiver provisions. Districts that do not charge fees to any students shall not be subject to these requirements.

Section 3.

(1) To be eligible for the waiver of fees by the local school district, a student shall first qualify for free or reduced price lunch under the applicable Income Eligibility Guidelines established by the United States Department of Agriculture pursuant to Section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A)) .

(2) A student enrolled in a school district that participates in the Community Eligibility Provision of the National School Lunch or School Breakfast Program shall not be automatically eligible for the waiver of fees by the local school district. A student's eligibility shall be determined under subsection (1) of this section.

Section 4. Local school districts shall adopt specific policies and procedures whereby, at the beginning of the school year or at the time of enrollment, all students who qualify for free or reduced price lunches and their parents or guardians shall be given clear and prominent written notice of the fee waiver process. If the local school district does not participate in the National School Lunch or School Breakfast Program, or participates in the Community Eligibility Provision of the National School Lunch or School Breakfast Program, the written notice shall be provided to all students.

Section 5. Mandatory waiver of fees shall apply to all charges, direct or indirect, which would otherwise be required for participation in the following school-sponsored courses, activities, programs, events, or services:

(1) Charges and deposits collected by a school for use of school property;

(2) Charges for field trips, any portion of which fall within the student attendance day;

(3) Charges or deposits for uniforms or equipment related to intramural sports, music, or fine arts programs;

(4) Special supplies, course materials, or fees required for a particular class;

(5) Graduation fees required for participation;

(6) Special education fees;

(7) School records fees;

(8) School health service fees;

(9) General activities fees;

(10) Career and technical education fees;

(11) Technology fees;

(12) Driver's education fees; and

(13) Any other fees not exempt under Section 6 of this administrative regulation.

Section 6. Mandatory waiver of fees shall not apply to the following:

(1) Activities or rental of property taking place or for exclusive use outside of the student attendance day and having no impact upon the minimum requirements for high school graduation set forth in 704 KAR 3:305 or receiving credit for any instructional course authorized by 704 KAR Chapter 8; and

(2) Costs for materials, equipment, or supplies beyond those necessary for a student to receive full credit for any instructional course authorized by 704 KAR Chapter 8.

Section 7. Local districts shall provide written notice of approvals and denials of fee waivers to students. Any denial shall contain the specific grounds for denial and shall afford the student and their parent or guardian the opportunity for a personal meeting with appropriate district personnel to discuss the validity of the denial.

History

RELATES TO: KRS 160.330
STATUTORY AUTHORITY: KRS 156.160, 160.330
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to promulgate administrative regulations establishing standards which school districts shall meet in student, program, service, and operational performance. KRS 160.330 requires that local school districts establish, pursuant to Kentucky Board of Education administrative regulations, a process to waive fees for qualifying students and a procedure for notice of the fee waiver provisions . This administrative regulation provides guidelines for the waiver of school fees by local districts.
History: 702 KAR 003:220. 17 Ky.R. 1651; 1994; eff. 1-6-1991; 18 Ky.R. 476; eff. 11-8-1991; Crt eff. 6-28-2019; Crt to Am. 4-14-2026; Am Filed 4-13-2026; 52 Ky.R. 1917, 212; eff. 9-1-2026.

702 KAR 3:246 School council allocation formula: KETS District Administrative System Chart of Accounts {#sec-702-kar-3-246 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:246}

Section 1. Definitions.

(1) "Categorical programs" means programs under which funding and uses for the funding are specifically set by the funding authority and are not in the general fund.

(2) "District average certified teacher's salary" means the dollar value determined by dividing paragraph (a) of this subsection by paragraph (b) of this subsection, with:

(a) Equal to the total of all salaries paid to certified personnel working noncategorical programs in the district for 185 days or a different number of days as required by the General Assembly; and

(b) Equal to the total number of certified personnel working in non-categorical programs in the district.

Section 2.

(1) The local school district shall provide notice to school councils of a tentative allocation by March 1 and notice of an updated allocation by May 1 of each year for the funds and positions identified in Sections 4, 5, 6, and 8 of this administrative regulation for the next budget year in accordance with this administrative regulation.

(2) The local school district shall provide to school councils an allocation pursuant to Section 7 of this administrative regulation for the next budget year by May 30 of each year in accordance with this administrative regulation.

Section 3. The local school district shall calculate the funds available for distribution to school councils using only the general fund and by excluding the following proposed district-wide expenditures from the general fund proposed budget for the year being allocated:

(1) Function 1200, Home and hospital;

(2) Function 1700, Expelled or suspended;

(3) Function 1900, Other instructional programs;

(4) Function 2110-2190, Student support services, except for school-based employees and specified supplies;

(5) Function 22XX,, improvement of instruction;

(6) Function 23XX, District administrative support services;

(7) Function 25XX, Business support services;

(8) Function 26XX, Plant operation and maintenance;

(9) Function 27XX, Student transportation;

(10) Function 3XXX, Noninstructional services;

(11) Function 4XXX, Facilities acquisition and construction services;

(12) Function 5XXX, Other; and

(13) All expenditures for extra duty and extended employment, exceptional children services, itinerant teachers, and fringe benefits in all codes.

Section 4. Allocation for Certified Staff.

(1) A board staffing policy or guidelines shall be established to determine the number of allocated positions for certified staff for each school. To determine the allocation to school councils for certified staff, the district shall provide sufficient funds:

(a) To meet class size caps and pupil contact hours established in KRS 157.360 based on the projected full-time equivalent enrollment for the upcoming school year; and

(b) To meet other classroom teaching and certified staff positions not included in paragraph (a) of this subsection that are generated by the local board certified staffing policy.

(2) Any revisions of staffing policy or guidelines for the next school year shall be adopted by the local board and submitted to the Kentucky Department of Education by May 1 of each year.

(3) Funds for positions allocated in subsection (1) of this section shall be based on the previous year's actual 185 day certified salary or the number of contract days as otherwise required by the Kentucky General Assembly within a biennial budget adjusted by changes in rank, additional years of experience, and changes in the district's salary schedule for each existing staff member.

(4) Funds for new and vacant certified staff positions shall be based on a minimum of ninety-five (95) percent of the district's average 185 day certified salary adjusted for changes in the district's salary schedule for noncategorical staff paid in the previous year.

(5) If the actual salary of new certified personnel is less than ninety-five (95) percent of the district average certified teacher's salary, the difference shall revert to the district budget for possible reallocation under Section 7 of this administrative regulation.

(6) Any adjustments to the allocation due to increases in salary schedules, salary adjustments, or increases or decreases in enrollment shall be made by September 15. A council shall be notified of an adjustment if the adjustment represents a change in staffing due to enrollment increases or decreases.

Section 5. Allocation for Classified Staff.

(1) A board staffing policy or guidelines for the next school year shall be adopted by the local board and established to determine the number of allocated positions for classified staff for each school. Any revisions of staffing policy or guidelines shall be submitted to the Kentucky Department of Education by May 1 of each year.

(2) Funds shall be provided for all school-based classified positions in noncategorical programs generated by the local board classified staffing policy using the previous year's salary adjusted for any district-wide increase.

(3) Funds for new or vacant positions shall be based on ninety-five (95) percent of the district's average classified salary for that personnel job class for noncategorical staff adjusted for any district-wide increase.

(4) If the actual salary of new classified personnel is less than ninety-five (95) percent of the district's average classified salary for the personnel job class, the difference shall revert to the district budget for possible reallocation under Section 7 of this administrative regulation.

(5) Any adjustments to the allocation due to increases in salary schedules, salary adjustments, or increases or decreases in enrollment shall be made by September 15. A council shall be notified of an adjustment if the adjustment represents a change in staffing due to enrollment increases or decreases.

Section 6. Other Minimum Allocations.

(1) School councils shall receive a minimum allocation of three and one-half (3 1/2) percent of the statewide guaranteed base funding level for Support Education Excellence in Kentucky (SEEK) based on prior year final average daily attendance.

(2) The amount generated in subsection (1) of this section shall be adjusted at the end of the second school month for changes in average daily attendance and projected funding for SEEK.

(3) Allocations for operating expenses, including utilities, or for health and safety requirements of schools shall not be included in the allocations required by Sections 4, 5, 7, or 8 of this administrative regulation or this section. If funds are given to a school for these purposes, the funds shall be distributed in a separate allocation.

Section 7. Distribution of the Balance.

(1) The balance between the amount generated in Sections 4, 5, and 6 of this administrative regulation and the amount available for distribution to school councils from Section 3 of this administrative regulation shall be distributed by the local board in one (1) of the following manners:

(a) An amount per prior year final average daily attendance;

(b) Based on pupil needs identified by school councils in their adopted school improvement plans and designated by the local school board. Money provided under this paragraph shall be used only for the needs identified by the council from its adopted school improvement plan and designated by the board;

(c) For specific instructional purposes based on student needs identified by the board from disaggregated student achievement data. Money provided under this paragraph shall be used by the council to address only the identified needs; or

(d) A combination of paragraphs (a), (b), and (c) of this subsection.

(2) An adjustment may be made to allocations under subsection (1) of this section at the end of the second school month for changes in average daily attendance and projected funding for SEEK, and changes in the projections for prior year, end-of-year balances.

(3) If the allocations in Sections 4, 5, and 6 of this administrative regulation generate more funds than are available in Section 3 of this administrative regulation for distribution to school councils, the local board shall make every reasonable effort to make up the deficit.

Section 8.

(1) A tentative amount for professional development shall be allocated within thirty (30) days of notification from the Kentucky Department of Education, pursuant to KRS 160.345(8).

(2) The amount allocated shall be equal to at least the minimum requirement multiplied by the average daily attendance from the prior school year.

(3) The amount of professional development allocation shall be amended by September 15 to reflect the most recent annual average daily attendance.

Section 9. Each year school councils shall review the budgets for all categorical programs and provide comments to the local board prior to the adoption of the budgets.

Section 10. A school council allocation by the district shall not result in a proposed expenditure that would cause the district budget to hold in reserve less than the required amount set by KRS 160.470.

Section 11. A district shall not be prohibited from passing on to school councils any reduction in state and local revenues.

Section 12.

(1) The Kentucky Board of Education may approve requests from local school districts annually to use an alternative formula to allocate funds to schools.

(2) A local school district requesting approval to use an alternative process shall submit written documentation that the formula would generate funding equal to or greater than the amount provided to school councils under Section 3 of this administrative regulation.

(3) All requests shall be received by the Kentucky Department of Education by October 1 preceding the allocation year.

(4) Any alternative process approved by the Kentucky Board of Education shall be subject to subsequent review.

Section 13. Under Sections 4 and 5 of this administrative regulation, the funds allocated for staff positions shall be exactly the amounts permitted by the board policies or guidelines required in those sections.

History

RELATES TO: KRS 160.345(8)
STATUTORY AUTHORITY: KRS 156.070(4), 160.345(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 160.345(8) requires that the Kentucky Board of Education promulgate an administrative regulation which establishes a formula by which school district funds shall be allocated to each school council. This administrative regulation establishes the school council allocation formula for use by local school districts utilizing the Kentucky Education Technology System (KETS) District Administrative System Chart of Accounts per 702 KAR 3:120.
History: 702 KAR 003:246. 22 Ky.R. 1005; eff. 2-12-1996; 28 Ky.R. 146; 637; 1124; eff. 11-5-2001; 36 Ky.R. 2225; 37 Ky.R. 1428; eff. 1-3-2011; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 3:250 Preschool grant allocations {#sec-702-kar-3-250 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:250}

Section 1. Preschool Programs. For the purposes of this administrative regulation, the term "preschool programs" refers to the two (2) educational programs established in the KRS 157.226 and 157.3175 for children below primary school age; the preschool program for handicapped children and the preschool education program for four (4) year old children.

Section 2. Funding Eligibility.

(1) Children eligible to be counted for funding purposes for the preschool program for four (4) year old children shall include only those children who are at risk of educational failure and who meet the criteria set forth in 704 KAR 3:410, Section 1(1).

(2) Children eligible to be counted for funding purposes for the preschool program for handicapped children shall include only those children who meet the criteria set forth in 707 KAR 1:150, Section 1(2).

(3) A child who meets the eligibility criteria under both subsections (1) and (2) of this section shall be included in only one (1) of these two (2) groups for purposes of generating funds under these preschool programs.

(4) Eligible children who are enrolled by parent choice in other preschool programs providing nonsupplemental educational services through state or federal funds at no cost to parents shall not be included in the count of eligible children used to generate funds under these preschool programs.

Section 3. Enrollment Data.

(1) Funds for districts shall be allotted based on the number of eligible children as defined in Section 2 of this administrative regulation who are enrolled in the district's preschool programs on December 1 of the previous year. Program funding shall be adjusted proportionately when the enrollment on December 1 of the current year is more than five (5) percent above or below the number of children served on December 1 of the previous year.

(2) If there are available funds after districts have been allotted funds to serve all eligible enrolled children through the state funds appropriated, then the remaining funds may be prorated to those districts that transport eligible children who are enrolled in Head Start, up to the amount per child allowed for transportation in Section 5 of this administrative regulation.

Section 4. Use of Funds.

(1) Appropriations to the local school district for the preschool programs shall be separate and apart from all other funds appropriated to the local school district.

(2) Use of the funds appropriated for the preschool programs shall be limited to activities for the implementation of these programs, pursuant to 704 KAR 3:410, 707 KAR 1:150, and the district's application for the preschool programs.

Section 5. Formula.

(1) The Department of Education shall annually recommend a preschool allocation formula to the State Board for Elementary and Secondary Education for review and approval. The allocation formula shall specify the amount of funds to be allocated for each eligible child.

(2) If the state funds appropriated are not sufficient, the funding formula shall be adjusted proportionately.

History

RELATES TO: KRS 156.160, 157.226, 157.3175
STATUTORY AUTHORITY: KRS 156.070, 156.160, 157.226, 157.3175
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 authorizes the State Board for Elementary and Secondary Education to adopt administrative regulations establishing standards which school districts shall meet in student, program, service and operational performance; KRS 157.226 authorizes preschool programs and related services for handicapped children who are three (3) or four (4) years of age or who may become age five (5) after October 1 of the current year and authorizes the State Board for Elementary and Secondary Education to promulgate administrative regulations regarding the use of funds; and KRS 157.3175 authorizes preschool education programs for four (4) year old children who are at risk of educational failure and authorizes the State Board for Elementary and Secondary Education to establish a grant allocation system. This administrative regulation is necessary to implement those state board duties.
History: 702 KAR 003:250. 18 Ky.R. 220; 686; eff. 9-6-1991; 19 Ky.R. 512; eff. 10-1-1992; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 3:270 SEEK funding formula {#sec-702-kar-3-270 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:270}

Section 1. Definitions.

(1) "At-risk student amount" means fifteen (15) percent of the per pupil guaranteed base funding amount calculated pursuant to KRS 157.360 times the sum of the average daily membership of students approved for free meals the prior fiscal year and the number of state agency children served pursuant to KRS 158.135.

(2) "Calculated base SEEK funding" means the guaranteed base funding provided in the biennial budget pursuant to KRS 157.360(1) plus the add-on components of the SEEK calculation including at-risk, home and hospital, students with disabilities, and transportation pursuant to KRS 157.390(5) and the add-on calculation for students with Limited English Proficiency.

(3) "Collection rate" means the tax receipts collected for the prior year divided by the maximum revenue collectible.

(4) "Exceptional child amount" means the December 1 exceptional child count of the preceding fiscal year by exceptionality weighted as follows:

(a) 2.35 times the per pupil base funding amount calculated pursuant to KRS 157.360(1) for students with severe disabilities;

(b) 1.17 times the per pupil base funding amount calculated pursuant to KRS 157.360(1) for students with moderate disabilities; and

(c) ..24 times the per pupil base funding amount calculated pursuant to KRS 157.360(1) for students with communications disabilities.

(5) "Growth" means the percent change in the second month average daily attendance times the prior year adjusted average daily attendance pursuant to KRS 157.360(8).

(6) "Home and hospital instruction amount" means the total of the prior year's home and hospital average daily attendance times the per pupil base funding amount calculated pursuant to KRS 157.360(1), less the allotment for capital outlay as set forth in the biennial budget.

(7) "LEP" means a student with Limited English Proficiency, as defined in 703 KAR 5:001, Section 1(52).

(8) "Levied equivalent tax rate" means estimated permissive tax revenue plus the current year's levied real estate tax rate, tangible tax rate and motor vehicle tax rate per $100 of assessed value times the current year's assessment of real estate, tangible property and motor vehicles times the prior year's collection rate divided by the total current year's property and motor vehicle assessment.

(9) "Maximum revenue collectible" means the figure determined by multiplying the sum of the respective yields of the prior year levied rates by the prior year assessed values of real estate, tangible property and motor vehicles, and then adding the result to the prior year's permissive tax revenue.

(10) "Net General Fund SEEK" means Total State SEEK minus any allocation for Capital Outlay.

(11) "Partial Day" means a day containing less time than a regular school day which a student attends on a regular basis as approved by the local board of education.

(12) "State equalization amount" means 150 percent of the statewide average per pupil property assessment as provided in the biennial budget.

(13) "Tier I revenue" means revenue produced by a school district tax levy which, when equalized by state funds with the state equalization amount established by KRS 157.440(1)(a), generates up to the maximum revenue allowable under KRS 157.440(1)(a).

(14) "Transportation funding" means prior fiscal year calculated transportation costs for students in grades primary through twelve (12) transported by school districts as calculated pursuant to KRS 157.370 and 702 KAR 5:020 adjusted by current year second month growth in transported students.

Section 2. SEEK Calculation Formula.

(1) Required data for the SEEK calculation shall include:

(a) Property assessments from the Department of Revenue provided pursuant to KRS 160.470(5);

(b) Tax rates levied by school districts;

(d) Home and hospital average daily attendance reported on the Superintendent's Annual Attendance Report (SAAR);

(e) Prior year adjusted average daily attendance (AADA) reported on the SAAR (calculated according to the formula in subsection (4) of this section);

(f) The growth factor report;

(g) Transportation funding calculated pursuant to KRS 157.370 and 702 KAR 5:020;

(h) The prior year average daily membership of students approved for free lunch reported through the student information system;

(i) The number of exceptional students ages five (5) through twenty (20) in each disability category on December 1 of each year as reported through the student information system;

(j) The number of LEP students as reported through the student information system; and

(k) The state equalization amount as provided in the biennial budget.

(2) Assumptions used in the SEEK calculation shall include:

(a) Equivalent tax rates (ETR) shall be the lower of the ETR levied in the prior odd numbered year under KRS 157.440 and the current year; and

(b) Percentage reduction in the allotments may be made to at-risk student, exceptional child, LEP, and home and hospital instruction amounts and to the state portion of Tier I funding and to transportation funding due to appropriations in the biennial budget.

(3) AADA shall be calculated for students in grades primary through twelve (12) as follows:

(a) Average daily attendance (ADA) shall be calculated as required by the definition in KRS 157.320(1).

(b) AADA shall be determined as follows:

Subtract the total of the following items from the ADA:

a. The ADA for noncontract, nonresident students as reported by local school districts;

b. One-half (1/2) of the total aggregate kindergarten days attendance divided by the number of days taught; and

c. The ADA for over-age students and under-age students not qualifying for funding pursuant to 702 KAR 7:125; and

Add the ADA for virtual school and performance based learning to the result of subparagraph 1 of this paragraph.

(4) The SEEK calculation shall be determined as follows:

(a) Calculated base SEEK funding shall be determined as follows:

Multiply the sum of prior year AADA plus growth by the per pupil guaranteed base funding amount calculated pursuant to KRS 157.360(1).
Add the following items to the result of the calculation in subparagraph 1 of this paragraph:

a. The at-risk student amount;

b. The home and hospital instruction amount;

c. The exceptional child amount;

d. The transportation amount; and

e. The LEP student amount.

(b) The calculated state SEEK portion shall be the calculated base SEEK funding minus the local effort required pursuant to KRS 157.390(5).

Add the total of the following items to determine a subtotal

a. The Calculated State SEEK portion;

b. The total state Tier I funding, in accordance with subsection (6) of this section;

c. The hold harmless provision, if provided in the biennial budget; and

d. the pro rata adjustments under KRS 157.430, if any.

Apply prior year adjustments, if any, to the subtotal in subparagraph 1 of this paragraph.

(5)

(a) The Calculated Base SEEK Funding used in determining Tier I tax rate and funding levels shall include the full value of all add-on items before application of any pro rata reductions.

(b) The maximum Tier I equivalent tax rate allowable pursuant to KRS 157.440(1) shall be determined as follows:

Multiply the per pupil Calculated Base SEEK Funding by fifteen (15) percent.
Divide the product of subparagraph a. of this paragraph by the greater of the state equalization amount and the local district per pupil assessment.
Add the required minimum equivalent tax rate under KRS 160.470 and KRS 157.620(1)(a) and any other equivalent tax rates restricted to the building fund as authorized by the General Assembly to the result of subparagraph b. of this paragraph.

(6) State Tier I funding formula.

(a) For local districts which have levied at or above the maximum Tier I equivalent tax rate under KRS 157.440(1)(a), the state Tier I funding formula shall be determined as follows:

Calculate the total Tier I revenue by multiplying the total Calculated Base SEEK Funding pursuant to KRS 157.360 times the maximum Tier I participation of fifteen (15) percent pursuant to KRS 157.440(1)(a).
Calculate the total per pupil Tier I revenue by dividing the total Tier I revenue by the sum of the prior year AADA plus growth.
Calculate the per pupil local portion Tier 1 funding by dividing the local district per pupil assessment by the state equalization amount and multiplying the result by the total per pupil Tier I revenue.
Calculate the state portion per pupil Tier I funding by subtracting the per pupil local portion Tier I funding from the total per pupil Tier I revenue.
The total state Tier I funding shall be determined as follows:

a. Multiply the state portion per pupil Tier I funding by the sum of the prior year AADA plus growth.

b. Subtract any pro rata adjustments due to appropriation in the biennial budget from the product of subparagraph a. of this paragraph.

(b) For local districts which have not levied at or above the maximum Tier I equivalent tax rate under KRS 157.440(1)(a), the state Tier I funding formula shall be determined as follows:

Calculate the levied Tier I equivalent tax rate by subtracting the following items from the levied equivalent tax rate:

a. The required minimum equivalent tax rate under KRS 160.470 and KRS 157.620(1)(a); and

b. Other equivalent tax rates restricted to the building fund as authorized by the General Assembly.

Calculate the per pupil total Tier I revenue by multiplying the levied Tier I equivalent tax rate times the state equalization amount.
Calculate the per pupil local portion Tier I funding by dividing the local district per pupil assessment by the state equalization amount and multiplying the result by the total per pupil Tier I revenue.
Calculate the state portion per pupil Tier I funding by subtracting the per pupil local portion Tier I funding from the per pupil total Tier I revenue.
The total state Tier I funding shall be determined as follows:

a. Multiply the state portion per pupil Tier I funding by the sum of the prior year AADA plus growth.

b. Subtract any pro rata adjustments due to appropriation in the biennial budget from the product of subparagraph a. of this paragraph.

Section 3. Calculation of State Equalization for the Facilities Support Program of Kentucky (FSPK) and Other Equalized Levies Restricted to the Building Fund.

(1) Data required for the state FSPK equalization formula shall include:

(a) Property assessments from the Department of Revenue, as required by KRS 160.470(5);

(b) Equivalent tax rates based on tax levies from school districts;

(d) State equalization amount.

(2) A school district shall not receive state equalization funds until the full equivalent tax required for participation has been levied.

(3) The state FSPK equalization amount eligibility calculation shall be determined as follows:

(a) The per pupil state FSPK equalization amount shall be determined as follows:

Calculate the maximum eligibility amount by multiplying the state equalization amount times the required tax levy under KRS 157.440.
Calculate the local effort by multiplying the per pupil assessment times the required equivalent tax levy under KRS 157.440.
Subtract the local effort from the maximum eligibility amount.

(b) The state FSPK equalization amount shall be determined by multiplying the following three (3) items:

The per pupil state FSPK equalization amount;
The prior year AADA plus growth; and
The pro rata adjustments, if any, due to the appropriation in the biennial budget.

History

RELATES TO: KRS 156.035, 156.070, 157.320, 157.360, 157.370, 157.390, 157.410, 157.430, 157.440, 157.615, 157.620(1)(a), 158.060(1), 158.135, 160.470, 160.476
STATUTORY AUTHORITY: KRS 156.035, 156.070, 156.160(1)(j)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.035 and 156.070 set forth the Kentucky Board of Education's plenary powers over the management and control of local school districts and disbursement of state appropriations. KRS 156.160(1)(j) requires the Kentucky Board of Education to promulgate administrative regulations for the preparation of budgets and salary schedules for the school districts under its management and control. This administrative regulation is necessary to provide guidelines for the calculations to distribute the funds to school districts through the program to Support Education Excellence in Kentucky (SEEK).
History: 702 KAR 003:270. 20 Ky.R. 3378; 21 Ky.R. 442; eff. 12-1-1994; 23 Ky.R. 1429; 2468; 12-5-1996; 34 Ky.R. 2231; 35 Ky.R. 556; eff. 9-8-2008; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 3:275 School district tax rate formulas {#sec-702-kar-3-275 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:275}

Section 1. Definitions.

(1) "Current year total valuation of adjusted property at full rates" means the prior year assessment of adjusted property at full rates minus current year homestead exemptions plus current year net assessment growth all as certified by the Revenue Cabinet.

(2) "Current year total valuation of personal property" means the sum of tangible personal property, effective public service company tangible property and distilled spirits property all as certified by the Revenue Cabinet.

(3) "Current year total valuation of real property" means real estate plus effective public service company real estate property minus net new real estate and new effective public service company real estate property all as certified by the Revenue Cabinet.

(4) "Effective public service company property" means assessments which may be adjusted by the Revenue Cabinet for apportioned property not subject to full taxation.

(5) "Maximum revenue collectible" means the prior year's permissive tax revenue plus the levied tax rates per $100 of assessed value for real and tangible property times the prior year assessment of real and tangible property as certified by the Revenue Cabinet and the maximum motor vehicle revenue collectible.

(6) "Maximum motor vehicle revenue collectible" means seven (7) times the prior year levied motor vehicle tax rate plus five (5) times the current year levied motor vehicle tax rate divided by twelve (12) times the prior year assessment of motor vehicles as certified by the Revenue Cabinet.

(7) "Prior year adjusted tax base" means the prior year assessment of adjusted property at full rates minus current year homestead exemptions both as certified by the Revenue Cabinet.

(8) "Prior year revenue from real property" means the prior year real estate tax rate levy times the prior year total valuation of real property as certified by the Revenue Cabinet.

(9) "Prior year revenue from personal property" means the prior year personal property tax rate levy times the prior year total valuation of personal property as certified by the Revenue Cabinet.

(10) "Prior year total valuation of personal property" means the sum of prior year tangible personal property, prior year effective public service company tangible personal property and prior year distilled spirits property all as certified by the Revenue Cabinet.

(11) "Prior year total valuation of real property" means prior year real estate property plus prior year effective public service company real estate property both as certified by the Revenue Cabinet.

(12) "Current year projection for permissive taxes" means prior year permissive tax collections divided by prior year total valuation of property and motor vehicles times the current year total valuation of property and motor vehicles all as certified by the Revenue Cabinet or as estimated by the school district.

Section 2. Required Data. Required data for school district tax rate and related calculations shall include:

(1) Property assessments from the Department of Property Taxation, Revenue Cabinet provided pursuant to KRS 160.470(5);

(2) Tax rates levied by school districts;

(3) Average daily attendance (ADA) as calculated pursuant to 702 KAR 3:270, Section 2(3)(a);

(4) Estimated growth ADA;

(5) The state equalization amount as defined in 702 KAR 3:270, Section 1(11);

(6) Calculated base SEEK funding as defined in 702 KAR 3:270, Section 1(2);

(7) Tax receipts collected based on prior year tax levies which may be adjusted for unusual circumstances as determined by the local school district and the Division of Finance, Department of Education;

(8) Collection rates as defined in 702 KAR 3:270, Section 1(3); and

(9) The annual report of tax collections as prepared by the school district's tax collector pursuant to KRS 160.510.

Section 3. Compensating, Four (4) Percent Increase and Subsection (2) Tax Rate Formulas.

(1) Compensating tax rate. The compensating tax rate defined in KRS 132.010(6) and certified to the school district by the Department of Education pursuant to KRS 160.470(4)(b) shall be calculated as follows:

(a) Compensating Tax Rate I. The Compensating Tax Rate I formula shall be as follows:

Prior year revenue from real property;
Divided by the current year total valuation of real property;
Rounded to the next higher one-tenth (1/10) cent;
Equals the Compensating Tax Rate I.

(b) Compensating Tax Rate II. The Compensating Tax Rate II formula shall be as follows:

Prior year revenue from real property plus prior year revenue from personal property;
Divided by the current year total valuation of adjusted property at full rates;
Rounded to the next higher one-tenth (1/10) cent;
Equals the Compensating Tax Rate II.

(2) Four (4) percent increase rate. The four (4) percent increase rate certified to the school district by the Department of Education pursuant to KRS 160.470(c) shall be calculated as follows:

(a) Compensating tax rate as calculated pursuant to subsection (1) of this section;

(b) Times current year total valuation of real property;

(d) Divided by current year total valuation of real property;

(e) Rounded to the next lower one-tenth (1/10) cent;

(f) Equals the four (4) percent increase rate.

(3) Subsection (2) rate. The Subsection (2) rate certified to the school district by the Department of Education pursuant to KRS 160.470(4)(a) shall be calculated as follows:

(a) Prior year maximum real estate property tax rate;

(b) Times prior year total valuation of real property;

(d) Times prior year total valuation of personal property;

(e) Divided by the prior year adjusted tax base;

(f) Rounded to the next lower one-tenth (1/10) cent;

(g) Equals the Subsection (2) rate.

(4) If the percentage increase in revenue from real property produced by the compensating, four (4) percent increase and Subsection (2) tax rates is less than the percentage increase in revenue from personal property based on the same rates, then equal tax rates as calculated pursuant to this section for the compensating, four (4) percent increase and Subsection (2) tax rates shall be certified for both real estate and personal property.

Section 4. Limits on Personal Property Tax Rates. If the percentage increase in revenue from real property produced by the compensating, four (4) percent increase or Subsection (2) tax rates is more than the percentage increase in revenue from personal property based on the same rates, then personal property tax rates certified to the local school district shall be the lower of the prior year personal property tax levy or the tax rates calculated as follows:

(1) Personal property compensating tax rate.

(a) Prior year revenue from personal property,

(b) Times 100 percent plus the percent increase in real property revenue based on the compensating tax rate as calculated pursuant to Section 3(1) of this administrative regulation;

(d) Rounded to the next higher one-tenth (1/10) cent;

(e) Equals the personal property compensating tax rate.

(2) Personal property four (4) percent increase rate.

(a) Prior year revenue from personal property;

(b) Times 100 percent plus the percent increase in real property revenue based on the four (4) percent increase tax rate as calculated pursuant to Section 3(2) of this administrative regulation;

(d) Rounded to the next higher one-tenth (1/10) cent;

(e) Equals the personal property four (4) percent increase tax rate.

(3) Personal property Subsection (2) tax rate.

(a) Prior year revenue from personal property;

(b) Times 100 percent plus the percent increase in real property revenue based on the Subsection (2) tax rate as calculated pursuant to Section 3(3) of this administrative regulation;

(d) Rounded to the next higher one-tenth (1/10) cent;

(e) Equals the personal property Subsection (2) tax rate.

Section 5. Maximum Equivalent Tax Rate Allowed Pursuant to KRS 157.440(1)(a). The maximum equivalent tax rate allowed pursuant to KRS 157.440(1)(a) shall be the higher of the 1989-90 equivalent and the maximum Tier I equivalent tax rate calculated as follows:

(1) Calculated base SEEK funding as defined in 702 KAR 3:270, Section 1(2);

(2) Times fifteen (15) percent;

(3) Divided by average daily attendance;

(4) Equals maximum per pupil Tier I revenue;

(5) Divided by the greater of the current year total valuation of property and motor vehicles divided by the average daily attendance and the statewide equalization amount as defined in 702 KAR 3:270, Section 1(9);

(6) Rounded to the next higher one-tenth (1/10) cent;

(7) Plus the required minimum thirty (30) cent equivalent tax rate pursuant to KRS 160.470(12)(a) and the five (5) cent levy pursuant to KRS 157.620(1)(a);

(8) Equals the maximum Tier I equivalent tax rate.

Section 6. Maximum Equivalent Tax Rate Allowed Pursuant to KRS 157.440(2). The maximum Tier II equivalent tax rate allowed pursuant to KRS 157.440(2) shall be calculated as follows:

(1) Calculated base SEEK funding as defined in 702 KAR 3:270, Section 1(2);

(2) Times thirty-four and one-half (34.5) percent;

(3) Divided by average daily attendance;

(4) Equals maximum per pupil Tier II revenue;

(5) Divided by the current year total valuation of property and motor vehicles divided by the average daily attendance;

(6) Plus the maximum Tier I equivalent tax rate as calculated pursuant to Section 5 above minus five(5);

(7) Rounded to the next higher one-tenth (1/10) cent;

(8) Equals the maximum Tier II equivalent tax rate.

Section 7. Motor Vehicle Tax Rates.

(1) Motor vehicle tax rates may be raised to the maximum Tier I equivalent tax rate allowable pursuant to KRS 157.440(1)(a).

(2) Motor vehicle tax rates levied pursuant to KRS 132.487 which are higher than those allowed pursuant to KRS 157.440(1)(a) shall not be lowered.

Section 8.

(1) The Exonerations Tax Rate allowable pursuant to KRS 134.590(7) shall be calculated as follows:

(a) Exonerations Recovery Rate I. The Exonerations Recovery Rate I shall be calculated as follows:

Prior year real estate property tax levy;
Times prior year total valuation of real property plus prior year real exonerations both as certified by the Revenue Cabinet;
Divided by current year total valuation of real property;
Rounded to the next higher one-tenth (1/10) cent;
Equals the Exonerations Recovery Rate I.

(b) Exonerations Recovery Rate II. The Exonerations Recovery Rate II shall be calculated as follows:

Prior year real estate property tax levy;
Times prior year total valuation of real property plus prior year real exonerations both as certified by the Revenue Cabinet;
Plus prior year personal property tax levy;
Times prior year total valuation of personal property plus current year tangible exonerations both as certified by the Revenue Cabinet;
Divided by current year total valuation of adjusted property at full rates;
Rounded to the next higher one-tenth (1/10) cent;
Equals the exonerations recovery Rate II.

(2) The exonerations tax rate certified to the school district by the Department of Education shall equal the difference between the higher of the exonerations recovery Rates I and II and the compensating rate as calculated pursuant to Section 3(c) of this administrative regulation.

Section 9. SEEK Rates Calculations. SEEK rates calculations to determine the property tax rates necessary to achieve the required minimum thirty (30) cent equivalent rate, maximum Tier I and maximum Tier II equivalent tax rates and a five (5) cent equivalent rate shall be as follows:

(1) Minimum thirty (30) cent equivalent rate. The property tax rate required to achieve the minimum thirty (30) cent equivalent rate required pursuant to KRS 160.470(12)(a) shall be calculated as follows:

(a) Thirty (30) cents;

(b) Times the current year total valuation of property and motor vehicles as certified by the Revenue Cabinet;

(d) Minus the current year projection for permissive taxes;

(e) Minus the prior year levied motor vehicle tax rate times the current year motor vehicle assessment as certified by the Revenue Cabinet time ninety-six (96) percent;

(f) Divided by the current year property assessment as certified by the Revenue Cabinet;

(g) Rounded to the next higher one-tenth (1/10) cent;

(h) Equals the property tax rate required to achieve the required minimum thirty (30) cent equivalent rate.

(2) Maximum Tier I property tax rate. The property tax rate required to achieve the maximum Tier I equivalent rate allowable pursuant to KRS 157.440(1)(a) shall be calculated as follows:

(a) Maximum Tier I equivalent tax rate as calculated pursuant to Section 5 of this administrative regulation;

(b) Times the current year total valuation of property and motor vehicles as certified by the Revenue Cabinet;

(d) Minus the current year projection for permissive taxes,

(e) Minus the prior year levied motor vehicle tax rate times the current year motor vehicle assessment as certified by the Revenue Cabinet times ninety-six (96) percent;

(f) Divided by the current year property assessment as certified by the Revenue Cabinet;

(g) Rounded to the next lower one-tenth (1/10) cent;

(h) Equals the property tax rate required to achieve the maximum Tier I equivalent tax rate allowable.

(3) The property tax rate required to produce a five (5) cent equivalent tax rate shall be calculated as follows:

(a) Five(5) cents;

(b) Times the current year total valuation of property and motor vehicles as certified by the Revenue Cabinet;

(d) Divided by the current year property assessment as certified by the Revenue Cabinet;

(e) Rounded to the next higher one-tenth (1/10) cent;

(f) Equals the property tax rate required to produce a five (5) cent equivalent tax rate.

(4) Maximum Tier II property tax rate. The property tax rate required to achieve the maximum Tier II equivalent rate allowable pursuant to KRS 157.440(2) shall be calculated as follows:

(a) Maximum Tier II equivalent tax rate as calculated pursuant to Section 6 of this administrative regulation;

(b) Times the current year total valuation of property and motor vehicles as certified by the Revenue Cabinet;

(d) Minus the current year projection for permissive taxes;

(e) Minus the prior year levied motor vehicle tax rate times the current year motor vehicle assessment as certified by the Revenue Cabinet times ninety-six (96) percent;

(f) Divided by the current year property assessment as certified by the Revenue Cabinet;

(g) Rounded to the next lower one-tenth (1/10) cent;

(h) Equals the property tax rate required to achieve the maximum Tier II equivalent tax rate allowable.

Section 10. Equivalent Tax Rates.

(1) The levied equivalent tax rate used to determine eligibility for Tier I and Facility Support Program of Kentucky (FSPK) state equalization shall be calculated as follows:

(a) Current year real estate tax levy times current year total valuation of real property as certified by the Revenue Cabinet;

(b) Plus the current year personal property tax levy times the current year total valuation of personal property as certified by the Revenue Cabinet;

(c) Plus the current year motor vehicle tax levy times the current year total valuation of motor vehicles as certified by the Revenue Cabinet;

(d) Plus current year projected permissive tax collections;

(e) Times the collection rate as defined in 702 KAR 3:270, Section 1(3);

(f) Divided by the current year total valuation of property and motor vehicles as certified by the Revenue Cabinet;

(g) Rounded to the next lower one-tenth (1/10) cent;

(h) Equals the levied equivalent tax rate.

(2) The collected equivalent tax rate used for comparison to the prior year's levied equivalent tax rate to determine if the tax receipts as submitted are reasonable shall be calculated as follows:

(a) Total prior year tax receipts;

(b) Divided by the prior year total valuation of property and motor vehicles as certified by the Revenue Cabinet;

Section 11. Five (5) Cent Tax Rate for Growth.

(1) To meet the eligibility requirements to levy the five (5) cent tax rate for growth pursuant to House Bill 810 of the 1994 General Assembly, the following shall apply:

(a) Adjusted average daily attendance (AADA) as calculated pursuant to 702 KAR 3:270(3) shall be used to calculate the required growth in ADA as follows:

Prior year end of year AADA;
Minus the fifth previous year end of year AADA;
Equals the growth in ADA used to calculate eligibility to levy the five (5) cent tax rate for growth;

(b) Districts qualifying to levy the five (5) cent tax rate for growth shall certify to the Division of Finance, Department of Education that current student enrollment exceeds available classroom space; and

(2) The property tax levy required to achieve the five (5) cent tax rate for growth shall be calculated pursuant to Section 9(3) of this administrative regulation.

Section 12. Tax Rate Certification.

(1) Tax rates shall be certified to the school district by the Department of Education upon receipt of the assessment from the Revenue Cabinet, a listing of tax receipts collected based on the prior year tax levy as provided by the school district and an annual tax collector's report as provided by the school district to verify prior year tax collections.

(2) Pursuant to House Bill 81 of the 1994 General Assembly, school districts shall levy tax rates within forty-five (45) days of the Revenue Cabinet's assessment certification. Failure to meet this deadline shall require the use of the compensating tax rate as calculated pursuant to Sections 3 or 4 of this administrative regulation for that year's tax bills. Levies which are subject to recall shall follow the provisions of KRS 132.017.

(3) Unusual circumstances as determined by the local school district and the Division of Finance, Department of Education may allow a school district's tax rates to be revised and recertified by the Department of Education.

History

RELATES TO: KRS 132.010, 134.590, 157.440, 157.620, 157.621, 160.470, 160.473, 160.476, 160.477
STATUTORY AUTHORITY: KRS 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 sets forth the State Board for Elementary and Secondary Education's plenary powers over the management and control of local school districts. KRS 156.160 gives the State Board for Elementary and Secondary Education the authority to promulgate administrative regulations deemed necessary for the management of the school districts under its control. This administrative regulation is necessary to provide guidelines for the calculation of the tax rates certified to the school districts by the Department of Education.
History: 702 KAR 003:270. 21 Ky.R. 1404; 1735; eff. 2-2-1995; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 3:285 School district Medicaid providers {#sec-702-kar-3-285 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:285}

Section 1. Definitions.

(1) "School district Medicaid recipient" means one who has been determined eligible for Medicaid-covered benefits provided by a local school district participating in the Medicaid Program.

(2) "School district Medicaid provider" means a local school district which has entered into an agreement with the Department for Medicaid Services, Cabinet for Human Resources, to receive Medicaid reimbursement for health-related services provided by the district.

Section 2. School District Medicaid Provider Agreements.

(1) Pursuant to KRS 605.115, the Department of Education shall enter into an agreement with the Department for Medicaid Services, Cabinet for Human Resources, to provide reimbursement upon request to local districts for Medicaid covered benefits provided to eligible students.

(2) Local school districts may enter into an agreement with the Department for Medicaid Services, Cabinet for Human Resources, to become eligible to receive Medicaid reimbursement for Medicaid covered services provided to eligible students pursuant to KRS 605.115.

(3) Local school districts which choose to participate shall be required to comply with provider participation criteria set forth in 907 KAR 1:715, 1:034, and 1:035, promulgated by the Department for Medicaid Services, Cabinet for Human Resources.

Section 3. Administrative Guidelines.

(1) To receive federal Medicaid reimbursement, local school districts shall provide the state's share of the Medicaid expenditure and shall be required to document and certify the expenditure of state funds for Medicaid reimbursable services provided to Medicaid eligible student recipients. This certification of the availability and expenditure of state funds shall be provided as needed to the Department for Medicaid Services by local school districts for verification of state matching funds entitling the local school district to reimbursement for specific Medicaid reimbursable services provided by the school district. Certification shall include a statement on the Medicaid claim form or a signed statement from the local school district superintendent or finance officer. The Department of Education and the Department for Medicaid Services, Cabinet for Human Resources, may examine any records, files, or documents necessary to verify expenditures for Medicaid covered services for which certification of state matching funds has been made.

(2) Documentation of available or expended state matching dollars shall be provided as required by the Department for Medicaid Services and may include the following:

(a) Records relating to time and attendance of service providers; or

(b) Records of expenditures, including invoices, related to the services provided by or through the local school district.

(3) Federal funds shall not be used by school districts to match Medicaid funds.

(4) Local school districts shall include in the annual audit an accounting of revenues and expenditures relative to serving Medicaid eligible student recipients. The Department of Education shall provide the Cabinet for Human Resources a copy of this annual audit.

(5) The Department for Medicaid Services, Cabinet for Human Resources, the Health Care Financing Administration of Health and Human Services, the Office of Inspector or their designated representatives may audit a local school district to verify compliance with all federal and state Medicaid statutes and administrative regulations relating to local school district receipt of Medicaid reimbursement for approved services.

Section 4. Parent/Guardian Consent.

(1) Local school districts shall obtain written parent or guardian consent pursuant to the requirements of the Individuals with Disabilities Education Act (IDEA) Regulations (34 CFR 300) prior to provision of services in an individual education program (IEP).

(2)

(a) Parents or guardians shall be given prior written notification on an annual basis that the local school district may be submitting claims for Medicaid reimbursement of health related services provided to students with educational disabilities as required by the student's IEP.

(b) The rights of the parent or guardian under IDEA shall not be affected in any way as a result of the local school district's participation in the Medicaid Program.

History

RELATES TO: KRS 156.070, 605.115
STATUTORY AUTHORITY: KRS 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 sets forth the Kentucky Board of Education's plenary powers over the management and control of local school districts and, along with KRS 156.160, gives the Kentucky Board of Education the authority to promulgate administrative regulations deemed necessary for the management of the school districts under its control. This administrative regulation is necessary to provide guidance for local school districts that choose to be Medicaid providers.
History: 702 KAR 003:285. 23 Ky.R. 1474; eff. 1-9-1997; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 3:310 Differentiated compensation {#sec-702-kar-3-310 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:310}

Section 1. Factors that May be Included in a Differentiated Compensation Plan. A local board of education may adopt a differentiated compensation plan to accomplish the purposes established in KRS 157.075 to address identified district needs. The plan shall include one (1) or more of the following factors:

(1) Individual performance;

(2) Individual skills;

(3) Knowledge, which may include:

(a) A major or minor in the teaching area or an advanced degree in the subject taught;

(b) Completion of a district-recognized professional development program;

(d) National Board for Professional Teaching Certification;

(4) School-based performance;

(5) Multiple measures of student performance, which may include portfolios of student work;

(6) Assignment to a specific school or type of school, or to teach a certain subject area, or group of students, or to diversify the staffing of the school; or

(7) Credit for professional nonteaching experience or military service.

Section 2. Procedures for Development and Approval of a Differentiated Compensation Plan.

(1) Prior to adopting a proposal to implement a differentiated compensation plan, a local board of education shall establish a planning committee if an employee evaluation component is included and requires any modification to the district's evaluation plan for all employees. The committee shall include at least the following members:

(a) The superintendent or a designee;

(b) A representative of the local board of education;

(d) The district finance officer;

(e) A principal;

(f) A teacher;

(g) A parent; and

(h) Other members identified by the local board.

(2) The planning committee shall develop or review the differentiated compensation proposal and provide feedback to the superintendent.

(3) Prior to adopting a proposal to implement a differentiated compensation plan, a local board of education shall provide an opportunity for all potentially affected employees to respond in writing or at a public hearing. Written notice to employees that the board plans to consider a differentiated compensation proposal matter shall occur at least thirty (30) days before final action is taken.

(4) To be approved, a differentiated compensation plan shall address the following criteria:

(a) Employee participation in any career advancement initiative shall be voluntary;

(b) Each certified employee of a like group who elects to participate in the differentiated compensation plan shall be treated in a similar manner. This may include applicants for a certain type of position, teachers assigned to a certain school or group of schools or certain grade level, or teachers who maintain a certain certificate;

(c) Any compensation earned under a differentiated compensation plan shall be in addition to the amount the employee is paid under the district single salary schedule and shall be coded separately in the district's accounting system;

(d) Any evaluation of performance to be rewarded shall be measurable and the measurement method shall be valid based on a systematic plan to collect data by the district; and

(e) The local board shall annually review the plan and make revisions if necessary.

(5) Upon adoption of a differentiated compensation plan, the local board shall submit the board minutes and the proposal to the commissioner of education for consideration of approval.

Section 3. Differentiated Compensation Grant Program.

(1) The purpose of a grant shall be to provide resources to local districts to plan and implement a differentiated compensation plan. These grants may be for up to $200,000 each fiscal year. The local board of education shall be required to make a substantial financial contribution and have a clear methodology for evaluation of the program. The local district shall advise each program participant in writing of the conditions under which the individual's differentiated compensation may be discontinued. Second year funding shall be contingent upon evaluation, meeting all agreements, timelines, and reporting requirements included in the first year's plan and the availability of funds.

(2) The Department of Education shall solicit grant proposals through a request for proposals. The proposal shall include the following components:

(a) The purpose of the plan, rationale and expected results. The application shall describe how the plan promotes the district's goals and needs and include data to support the need. If the proposal includes a classroom mentor, teaching partner, or professional development leader, a district may also apply for Professional Development Leadership and Mentor Funds as established in KRS 157.390 and 704 KAR 3:500 as part of the proposal if funds are available. In order to qualify for these funds, the proposal shall include a project designed to improve instruction for all students in a school in the focus core area, designate a position eligible for additional compensation up to $10,000, provide for the individual's professional development, and evaluate the results;

(b) The number of students affected and the impact on those students;

(d) Implementation plan and timeline;

(e) A proposed budget and district's capacity to fully implement the plan; and

(f) An evaluation of the effectiveness of the plan.

(3) The commissioner of education shall appoint a panel of educators knowledgeable about finance and evaluation to review all applications for funding based on the following criteria:

(a) Description of the rationale;

(b) Effectiveness of the model;

(d) The district's capacity to fully implement the plan;

(e) Quality of the plan to evaluate results of the project; and

(f) Efficiency and effectiveness of the budget.

(4) After consideration of the criteria established in subsection (3) of this section, the purpose of the compensation plan may be considered so as to provide comprehensive information about different types of differentiated compensation plans.

History

RELATES TO: KRS 157.075, 157.320, 157.390, 161.1211
STATUTORY AUTHORITY: KRS 157.075(2)(b)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 157.075(2)(b) requires the Kentucky Board of Education to define the factors that may be included in a local district differentiated compensation plan and procedures for the development and approval of a plan. In addition, KRS 157.075(3)(d) requires the Kentucky Board of Education to establish criteria for the awarding of grants to promote development of local district differentiated compensation plans. KRS 157.075(2)(a) requires that plans have one (1) or more of the following purposes: to recruit and retain teachers in critical shortage areas; to help reduce the number of emergency certified teachers employed in the district; to provide incentives to recruit and retain highly skilled teachers to serve in difficult assignments and hard-to-fill positions; to provide career advancement opportunities for classroom teachers who voluntarily wish to participate; or to reward teachers for increasing their skills, knowledge, and instructional leadership within the district or school. This administrative regulation establishes the factors that may be included in a plan and specifies the maximum size of a grant, the application and selection process, the obligation of the local board of education and the evaluation and data requirements.
History: 702 KAR 003:310. 29 Ky.R. 1436; 1840; 2093; eff. 2-3-2003; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 3:320 Finance officer certification requirements {#sec-702-kar-3-320 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:320}

Section 1. Definitions.

(1) "Break in service" means an end to the employment relationship of the individual as the designated finance officer for a Kentucky school district without a transfer of employment to another Kentucky school district to serve as the designated finance officer.

(2) "Finance officer" means a person appointed pursuant to KRS 160.431(1).

(3) "Finance officer intern" means any finance officer who has obtained a provisional certificate under Section 3 of this administrative regulation but who has not acquired a full certificate under Section 4 of this administrative regulation.

(4) "Interim finance officer" means an individual who is serving as a district finance officer in a temporary capacity.

(5) "Mentor" means an individual approved by the department to oversee a finance officer intern through the Kentucky Finance Officer Program.

Section 2. Initial Qualifications. An individual shall be eligible to be employed as a finance officer on or after July 1, 2015, if the individual:

(1) Is employed on June 30, 2015, as a finance officer in a Kentucky school district and does not have a six (6) month or longer employment break in service as a finance officer in any Kentucky school district after June 30, 2015. A six (6) month or longer break in service as a finance officer in any Kentucky school district after June 30, 2015, shall terminate the individual's qualification for employment as a finance officer under this subsection; or

(2) Obtains a provisional or full certificate under Section 3 or 4 of this administrative regulation.

Section 3. Provisional Certification.

(1) An individual who is seeking to be employed as a finance officer in a Kentucky school district who does not meet the requirements of Section 2(1) of this administrative regulation and who does not possess a full certificate shall secure a provisional certificate by submitting the Provisional Certification Application Form to the department to verify the individual meets the following eligibility requirements:

(a) A minimum of ten (10) years' work experience in local school district finance confirmed by the district of employment; or

(b) A minimum of a bachelor's degree from any accredited postsecondary institution; and

A minimum of twelve (12) credit hours in accounting coursework from any accredited postsecondary institution;
A minimum of four (4) years' work experience primarily in accounting or finance, confirmed by the district of employment; or
A minimum of two (2) years' work experience in finance in a local school district, confirmed by the district of employment.

(2) The department shall issue a provisional certificate to an individual providing proof of the eligibility requirements of subsection (1) of this section and proof of an offer of employment as a finance officer in a Kentucky school district.

(3) A finance officer provisional certificate shall be in effect until:

(a) The individual obtains full certification;

(b) The individual fails to provide to the department the proof of progress toward full certification required by subsection (4) of this section; or

(4) The provisional certificate holder shall annually submit proof of progress toward full certification to the department by the anniversary of the issuance date of the provisional certificate. Failure to provide this annual proof of progress or to obtain full certification within three (3) years of the issuance of a provisional certificate shall result in the loss of the provisional certificate.

Section 4. Full Certification.

(1) An individual who is eligible for employment as a finance officer under Section 2(2) of this administrative regulation shall apply for full certification prior to the expiration of the provisional certificate by submitting the Full Certification Application Form to the department to verify:

(a) Current provisional certification;

(b) Completion of the Kentucky Finance Officer Program under Section 5 of this administrative regulation;

(c) Fifteen (15) hours of finance officer training from the Finance Officer Curriculum, provided by a department-approved training provider; and

(d) Twelve (12) hours of training in the state-approved school district financial software package provided by a department-approved training provider.

(2) A full certificate shall be renewed automatically unless the finance officer fails to meet the biennial continuing education requirements of Section 6 of this administrative regulation.

Section 5. Finance Officer Provisional Certification.

(1) Within thirty (30) days of employment as a finance officer, the individual shall apply for the provisional certification.

(2) An assessment committee shall consist of:

(a) The mentor assigned by the department;

(b) The employing district's superintendent or designee; and

(3) The mentor and intern shall complete a signed Mentor-Intern Agreement.

(4) Mentors shall meet the following qualification requirements:

(a) Possess full certification under this administrative regulation or meet the requirements of Section 2(1) of this administrative regulation;

(b) Complete the department's mentor training; and

(5) Mentors shall:

(a) Work with finance officer interns to develop a chronological task plan based on the Finance Officer Curriculum;

(b) Continue the mentorship for a period of twelve (12) consecutive months;

(d) Document attendance by the finance officer intern at any mentoring meetings during the internship; and

(e) Serve as a mentor for no more than two (2) individuals concurrently.

(6) Mentors shall be eligible to earn, as a mentor, a maximum of twenty (20) hours of continuing education during the mentorship, toward the requirement of KRS 160.431(3) for the mentor training and mentor contact.

(7)

(a) Mentors shall be eligible to receive from available funds an annual stipend, not to exceed $1,500 each fiscal year per individual mentored, from the department for the mentorship.

(b) A district may also choose to reimburse the mentor for any expenses, including travel, and provide a separate, additional stipend to the mentor.

(c) If the Assessment Committee requires a finance officer intern to repeat a portion or the entire internship curriculum under subsection (9) of this section, then a mentor shall not be eligible to receive the stipend from the department for additional fiscal years of mentorship required by the Assessment Committee.

(d) The district may still reimburse and provide a stipend to a mentor of a finance officer intern in any additional fiscal years of internship required by the Assessment Committee.

(e) A partially completed mentorship may be subject to a reduced stipend approved by the department.

(8) The Assessment Committee shall:

(a) Assist in the development of the intern's chronological task plan required in subsection (4)(a) of this section;

(b) Meet six (6) months after the initiation of the internship to assess progress;

(d) Complete the Assessment Committee Report Form.

(9) As part of its assessment, the Assessment Committee shall consider:

(a) Documentation provided by the mentor, pursuant to subsection (5) of this section;

(b) The superintendent's recommendation of the finance officer intern based on actual work performance; and

(10) Based upon the information obtained pursuant to subsection (7) of this section, the Assessment Committee shall do one (1) of the following at the end of the internship:

(a) Declare the internship completed;

(b) Require the finance officer intern to repeat a portion of the internship curriculum; or

(11) The finance officer intern may request a different mentor if the Assessment Committee requires the internship to be repeated.

(12) The mentor may request to be replaced by another mentor if the Assessment Committee requires the internship to be repeated.

Section 6. Continuing Education.

(1) Fully certified finance officers and those qualified under Section 2(1) of this administrative regulation shall meet the continuing education requirements of KRS 160.431(3). A break in service for any length of time for any finance officer shall not reduce the continuing education requirements of KRS 160.431(3).

(2)

(a) Each finance officer shall complete at least eighteen (18) hours of continuing education by June 30 of each fiscal year; and

(b) Each finance officer shall complete at least forty-two (42) hours of continuing education in a biennium, ending June 30.

(3) The department shall approve continuing education courses offered by providers that:

(a) Include the following subject areas:

Evaluation of financial staff;
Financial system management, including payroll, purchasing, budgeting, general ledger, and financial reporting;
Alignment of the financial budget with federal and state law requirements;
Analysis of district financial data and provision of financial reports to the local board of education, school councils, and the department;
Comprehension of the district vision for education and the role of district finances in accomplishing that vision;
Interpretation, use, and communication of financial data and financial strengths and weaknesses of the district to the local board of education, school councils, and the community; or
Professional development designed to support any existing district improvement plan;

(b) Adhere to research-based principles of adult learning;

(d) Provide for active engagement of participants;

(e) Extend participants' learning, financial, and leadership skills;

(f) Contain course materials instructional in nature and not marketing or sales oriented; and

(g) Are considered as Continuing Professional Education (CPE) provided by professional organizations.

(4) Continuing education course providers approved by the department shallmaintain the necessary records to:

(a) Evaluate every continuing education course session;

(b) Track attendance;

(c) Provide evidence of course completion consisting of a document prepared by the course sponsor indicating the attendee completed a formal program of learning including the:

Names of the attendee and program sponsor;
Program title and field of study;
Dates attended; and
Number of hours awarded.

(d) Maintain certificate of completion records for a period of five (5) years;

(e) Ensure assigned trainers have skill, knowledge, and experience relevant to the subject matter; and

(f) Disclose the subject areas in which training is to be provided.

Section 7. Revocation and Appeal for Reinstatement of Full Certification.

(1)

(a) Failure to meet the annual requirement of eighteen (18) hours of continuing education of Section 6(2) of this administrative regulation shall result in a temporary suspension of a finance officer's full certification.

(b) The department shall notify the district superintendent of the temporary suspension.

(c) The certificate holder shall complete the required number of hours of continuing education by the end of the biennial period.

(d) Three (3) temporary suspensions shall result in revocation of the full certification.

(2) Failure to meet the biennial requirement of forty-two (42) hours of continuing education shall result in revocation of the full certification.

(3) The certificate holder may appeal to the department for reinstatement of a provisional or full certification which has been revoked under subsections (1) or (2) of this section if:

(a) The certificate holder requests reinstatement and provides supporting documentation to the department; and

(b) The certificate holder has fulfilled all requirements of the provisional or full certification including the required continuing education for the latest fiscal year.

(4) The department shall review and decide regarding reinstatement within thirty (30) days of receipt of the appeal. The department shall reinstate a certificate holder who has met the requirements of subsection (3) of this section.

Section 8. Grandfather Status.

(1) An individual eligible for grandfather status pursuant to Section 2(1) of this administrative regulation shall submit the Provisional Certification Application Formto the department.

(2) An individual with grandfather status may obtain full certification if either:

(a) The department approves the individual as a mentor in the Kentucky Finance Officer Program in accordance with the requirements of this administrative regulation; or

(b) The individual meets all provisional and full certification requirements, including successful completion of the Kentucky Finance Officer Program.

Section 9. Interim Finance Officer.

(1) Upon written notice of a district's finance officer's departure, it shall be the responsibility of the superintendent to ensure the position vacancy is immediately posted and a search for a successor finance officer is undertaken.

(2)

(a) The search process shall continue until a qualified full-time applicant is hired by the district.

(b) During the search for a full-time finance officer, the district superintendent may extend a limited contract to employ an interim finance officer.

A limited contract with an interim finance officer shall expire upon the employment of a qualified full-time applicant or June 30 of each fiscal year.
If a district superintendent wishes to extend the contract of the interim finance officer beyond the end of the fiscal year, a request must be made to the Office of Finance and Operations, Division of District Support; and
The district may retain the former interim finance officer as a consultant as needed.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Assessment Committee Report", May 2024;

(b) "Curriculum Summary", May 2024;

(d) "Application for Full Certification", May 2024;

(e) "Mentor Application", May 2024;

(f) "Mentor/Intern Agreement", May 2024; and

(g) "Application for Provisional Certification", May 2024.

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

History

RELATES TO: KRS 160.431, 161.020(1)(b)
STATUTORY AUTHORITY: KRS 156.070, 160.431
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 authorizes the Kentucky Board of Education to promulgate administrative regulations necessary for the efficient management, control, and operation of the schools and programs under its jurisdiction. KRS 160.431(2) requires the Kentucky Board of Education to promulgate administrative regulations identifying and prescribing the criteria and procedures for school finance officer certification and continuing education. This administrative regulation establishes the standards for school finance officer certification and continuing education.
History: 41 Ky.R. 1728; 2012; 2220; eff. 6-5-2015; 51 Ky.R. 116, 664; eff. 10-15-2024.

702 KAR 3:330 Liability insurance {#sec-702-kar-3-330 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:330}

Section 1. School District Certified Employee Liability Insurance. Beginning with the 2024-2025 school year, each school district shall provide each certified district employee with primary liability insurance coverage in an amount not less than $1 million for the protection of the employee from liability arising in the course and scope of pursuing the duties of his or her employment.

Section 2. Educators Employment Liability Insurance Program.

(1) By October 1 of each year, and in the format determined by the department, each school district shall provide the Kentucky Department of Education with:

(a) The name of the district's insurance carrier providing primary liability insurance coverage for each certified employee for liability arising in the course and scope of employment;

(b) Verification that the amount of liability coverage provided to each certified employee is at least equal to $1 million;

(d) Any change in coverage from the previous reporting year; and

(e) If the district has excess liability insurance to the primary liability insurance for certified employees, the name of the carrier and the amount of excess coverage.

(2) The school district shall immediately notify the Kentucky Department of Education if the district's primary liability insurance policy that provides coverage to certified employees is cancelled during the policy term.

(3) If the school district's primary liability insurance policy that provides coverage to certified employees is canceled during the policy term, the district shall procure alternative liability insurance coverage for each certified employee and shall notify the Kentucky Department of Education of the terms of the replacement liability insurance, including the name of the carrier, the amount of coverage, and the number of certified employees covered under the policy.

History

RELATES TO: KRS 161.212
STATUTORY AUTHORITY: KRS 156.070, 156.160, 160.105, 161.212
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 and 156.070 require the Kentucky Board of Education to promulgate administrative regulations concerning the management of the school districts. KRS 160.105 requires the Kentucky Board of Education to promulgate administrative regulations to require school districts to provide each certified employee with primary liability insurance coverage. KRS 161.212 requires the Kentucky Board of Education to promulgate administrative regulations to implement requirements for the Educators Employment Liability Insurance Program.
History: 50 Ky.R. 1224, 1279; 1687, eff. 2-15-2024.

702 KAR 3:340 Approval of school district lease agreements {#sec-702-kar-3-340 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:340}

Section 1. Administrative Guidelines.

(1) To request approval of a lease agreement in excess of $100,000 from the Commissioner of Education pursuant to KRS 65.944(1)(b), the district shall submit a copy of the proposed lease and a completed Local Board Attorney Certification form to the Department of Education prior to finalization of the lease agreement.

(2) The school district shall submit the proposed lease to the Department of Education who shall approve or disapprove the lease within thirty (30) business days.

(3) During the evaluation process, the Department of Education may request additional documentation to properly evaluate the proposed lease agreement.

Section 2. Final Approval and Reconsideration.

(1) Final approval of a proposed school district lease agreement in excess of $100,000 shall be granted by the Commissioner of Education before the agreement takes effect.

(2) Upon receiving written approval from the Commissioner of Education, a school district may enter into the lease.

(3)

(a) The Commissioner of Education shall send written notification to the school district if the agreement is not approved.

(b) The notice shall contain the reasons the agreement was not approved.

(c) A school district may request reconsideration by the Commissioner of Education if alterations are made to the proposed lease which alleviate the concerns expressed by the Commissioner of Education.

Section 3. Incorporation by Reference.

(1) "Local Board Attorney Certification", November 2023, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Monday through Friday, 8:00 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 Chapter 45A, 65.944, 65.946, 156.070, 160.160, 424.260, Ky. Const. Sec.177
STATUTORY AUTHORITY: KRS 65.944(1)(b), 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 and 156.160 require the Kentucky Board of Education to promulgate administrative regulations concerning the management of the school districts. KRS 65.944(1)(b) requires the Kentucky Board of Education to promulgate administrative regulations to implement requirements for lease approval by the Commissioner of Education. This administrative regulation establishes requirements for approval of school district lease agreements.
History: 50 Ky.R. 755; eff. 3-5-2024.

Chapter 4 Facilities Management

702 KAR 4:005 Recreational facilities; school and community {#sec-702-kar-4-005 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:005}

Section 1. Local boards of education shall be authorized to cooperate with a public agency for the purpose of developing and maintaining recreational facilities on school property.

Section 2. A copy of a proposed agreement shall be submitted to the chief state school officer for approval.

Section 3. All plans and specifications for facilities to be erected shall be in accord with State Board for Elementary and Secondary Education administrative regulations.

History

RELATES TO: KRS 156.031, 160.293
STATUTORY AUTHORITY: KRS 156.070, 160.290
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.031 requires that administrative regulations relating to statutes amended by the 1990 Kentucky Education Reform Act be reviewed, amended if necessary and resubmitted to the Legislative Research Commission prior to December 30, 1990; and KRS 160.293 allows for the development of school property recreational facilities for school and community purposes, in conjunction with another public agency. This administrative regulation implements the latter statute and provides for school and community recreational facilities.
History: 1 Ky.R. 1045; eff. 6-11-1975; 17 Ky.R. 2021; eff. 2-7-1991; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 4:050 Building sites; inspection, approval {#sec-702-kar-4-050 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:050}

Section 1. Definitions.

(1) In determining the location of an acceptable site, the term "in the vicinity of," as used in educational facilities plans, shall be defined as within a one (1) mile radius of a specific point or the main highway intersection (center) of a city or one (1) mile beyond any two (2) specific points referenced in the facility plan priority. No site shall be approved which exceeds the one (1) mile limit.

(2) A "major renovation" is a renovation of three (3) or more building systems in a permanent center with a total cost of more than twenty (20) percent of the current replacement cost of the building. The building may be the entire permanent center or a clearly, definable portion of the center (such as, 1973 addition, senior high wing, or physical education facility). The renovation shall have been identified in a district facility plan as a priority in order to be allowed. Building systems are defined as foundations, exterior walls, roofing, ceilings, structural, mechanical (HVAC), electrical (including lighting), plumbing, sewage and storm water disposal, doors and hardware, windows, floor coverings, and fixed equipment. The renovation shall also meet the criteria set forth in the school durability section of the school facilities construction criteria adopted by 702 KAR 1:001 and consist of work that extends the useful life of the structure and work that is not considered as routine maintenance.

Section 2. The chief state school officer shall cause an inspection to be made of each proposed school building site or proposed real property acquisition including site addition upon written request of the local board of education. Site approval shall be given by the chief state school officer prior to any purchase or commitment to purchase, except that an option-to-purchase which in no way obligates purchaser, may be executed to assure availability of site during this approval procedure. All school sites shall be in agreement with the current school facilities plan except that a local board of education may request approval of the chief state school officer to acquire a school site in a rapidly growing area where the existing school cannot accommodate the increased student population and a new school may be proposed in a future facility plan by the Department of Education. However, no site preparation or construction shall take place prior to the time the proposed new school is a part of the facility plan. The site shall have the approval of the chief state school officer prior to initiation of an application for approval of a construction project.

Section 3. The minimum size of school sites shall be as follows:

(1) Elementary school: five (5) acres plus an additional acre for each 100 or fraction of 100 students of anticipated enrollment.

(2) Middle school, junior high school, and high school: ten (10) acres plus an additional acre for each 100 or fraction of 100 students of anticipated enrollment.

(3) Any deviation from subsections (1) and (2) of this section shall be made only after a site inspection and investigation of all other circumstances, including a certification of support by the local education agency and approval by the chief state school officer.

Section 4. Prior to contracting for the purchase of a school site, site expansion, or other real property, the local board of education shall follow the site selection process established in this section. The site selection process is a two (2) step approval process. A tentative approval allows the local district to pursue a site for further assurances and documentation which may lead to the approval to acquire the property.

(1) Using the requirements of this administrative regulation, the local district shall review proposed sites for location and site size.

(a) Location. The site shall be located within parameters established in the facility plan priority. A site not in the vicinity shall not be approved without written waiver by the chief state school officer.

(b) The minimum site size shall be:

Elementary school. Five (5) acres plus one (1) acre for each 100 or portion of 100 students projected for the school capacity;
Middle, junior, and high school. Ten (10) acres plus one (1) acre for each 100 or portion of 100 students projected for the school capacity. Consideration may be given to acquisition of adequate acreage to meet maximum capacity school size (elementary K-5/6: 600; middle/junior: 900; and high: 1500 students).

(2) The school district shall request a site review visit by the Division of Facilities Management of proposed site(s) and provide a city or county map locating proposed site(s) to the staff member upon their visit.

(3) A tentative approval or disapproval shall be given for each proposed sites(s).

(4) With tentative approval the district shall provide the following documentation to the Division of Facilities Management:

(a) Letter from attorney indicating fee simple title may be obtained. A fee simple title shall be received by local board in accordance with KRS 162.010 and certificate of title insurance provided. Should the mineral rights not be acquired, it shall require a forbearance agreement to ensure surface support.

(b) Plat by registered surveyor indicating property boundaries, acreage, road access, easements, and certification that property is above the 100-year flood plain. The property shall not have easements traversing the site. Easements are allowable along perimeter. Commitments to relocate easement from traversing site to perimeter shall be considered. Consideration may be given if filling of the site will bring building floor level and appurtenances above 100-year elevation.

(c) Letter from professional engineer and/or municipal government agency providing assurance of adequate site utilities to include the following:

Water. Adequate water supply for both domestic and fire suppression shall be available. This shall require both an adequate volume, flow and pressure.
Power. Adequate electrical service shall be available with normal voltages of 120V/240/v, and three (3) phase.
Natural gas. Access to natural gas is desirable but not required.
Sewage treatment. Either municipal sewer system shall be available or site shall be equipped with a package sewage treatment plant with the effluent piped to an acceptable blue-line stream. Distance from property line to stream and number of property owners with whom an easement shall be required to be negotiated shall be indicated.

(d) Letter from local government or state highway office confirming road adequacy shall be provided. The public road network servicing a site shall be adequate both in width and capacity to accommodate the projected bus and vehicular traffic for the proposed facility in addition to normal traffic while providing a safe and efficient access. This shall require consultation with either the local government road department or the Kentucky District Highway Office if access is by state highway.

(e) A letter from an architect or engineer relating to any potential environmental or safety hazards in the vicinity of the proposed site shall be provided. Within the vicinity of a selected site, there shall not be any hazards to health or environment which are deemed so by state agencies having jurisdiction. Examples include: airport - landing/takeoff corridor, airborne particulates; hazardous waste site affecting runoff and aquifer; manufacturing concerns; sewage treatment/water purification; chlorine presence; subsurface faults; unstable high-wall conditions of surrounding grounds.

(f) Site survey of site development costs by architects or engineers and projected acquisition cost for the proposed site shall be provided. A cost analysis site survey, as requested by the Division of Facilities Management, shall include but not be limited to: mass site excavation, cost of bringing utilities to site and infrastructures, on-site roadway access (less paving), geotechnical survey (drilling a minimum of four (4) holes for subsurface conditions) with associated above normal footing requirements, any costs for hazardous condition cleanup, and acquisition cost. The site survey shall provide alternative locations or elevations of building as requested by the Kentucky Department of Education on the proposed site.

(g) Current assessed value and classification by property valuation administrator shall be provided.

(5) After evaluation of the submitted documentation, the chief state school officer shall issue an approval to acquire the property or disapprove the acquisition, except when approval is required by the State Board for Elementary and Secondary Education for site cost analysis survey and acquisition cost exceeding ten (10) percent of the maximum budget for the project.

(6) A disapproved site shall require the district to recommend another site for review as stated in subsection (1) of this section.

(7) The district shall submit a BG-1 application (3/84), hereby incorporated by reference, for the site purchase when funding source is capital outlay, special voted building funds, or a school revenue bond issue. The BG-1 application may be copied or obtained from the Division of Facilities Management, Department of Education, Room 1530, Capital Plaza Tower, 15 Mero Street, Frankfort, Kentucky 40601 from 8 a.m. to 4:30 p.m., Monday through Friday.

(8) Should the district seek reimbursement of site acquisition costs from School Facility Construction Commission funds, the executive director of the SFCC shall be contacted for an appraiser to be named.

(9) The district shall provide the Division of Facilities Management with a notarized copy of the executed deed and title insurance certificate within thirty (30) days after closing of property purchase.

Section 5.

(1) A local board of education desiring approval of a site shall request such approval of the chief state school officer. If all assurances and requirements are in order and conform to the facility plan, except as noted in Section 2 of this administrative regulation, the chief state school officer may approve the site. If questions exist, the chief state school officer shall require the requesting school district to contract with an architectural or engineering firm licensed to operate in the Commonwealth of Kentucky. The firm designated by the chief state school officer shall be from a list approved by the State Board for Elementary and Secondary Education contracted to perform a study of the proposed site. This study shall include the following: estimated costs for site development including utilities to provide required infrastructures, necessary road access including traffic impact and analysis, geotechnical report including a soils analysis and requirements for soils compaction or special footing requirements, and any hazardous conditions. Cost of the study shall be borne by the requesting school district and shall be payable upon receipt and approval of same by the chief state school officer. The chief state school officer may waive the requirements for the study in expansions of existing school sites where proposed construction is not anticipated. The architectural or engineering firm conducting the study shall not be eligible to contract to design any construction activities for that priority project. Acquisition and site preparation costs of the local school board shall be ten (10) percent or less of the maximum budget for the project, unless authorized by the State Board for Elementary and Secondary Education. Sites already owned by the school district that meet criteria of the facility plan shall be included in site approval requests and may be subject to the required study.

(2) Once a site has been designated an approvable site, the local board of education shall obtain a written option of sufficient duration approved by the chief state school officer on all approvable sites under consideration until final approval of a specific site has been made in writing by the chief state school officer.

(3) The local board of education shall certify to the chief state school officer that all reasonable sites within the approvable area have been reviewed and a decision has been made by the local board not to pursue acquisition of those sites. This certification shall list the sites reviewed and include reasons site was not acceptable. This shall be submitted to the Division of Facilities Management prior to approval of the final chosen site.

Section 6. A local board of education shall obtain title insurance, in an amount equal to the current appraised value of the property, from an acceptable title insurance company on property acquired for a school site in compliance with KRS 162.010. A copy of the title insurance shall be forwarded with a copy of the fee simple deed to the chief state school officer within sixty (60) days from the date of the deed.

Section 7. A permanent monument (four (4) by four (4) by eighteen (18) inches deep concrete with a brass pin) shall be set in the boundary line of the site at a point which will provide a starting point for initial and final plot of metes and bounds which will circumscribe the site.

History

RELATES TO: KRS 156.160, 162.010, 162.060
STATUTORY AUTHORITY: KRS 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the State Board for Elementary and Secondary Education to prescribe administrative regulations relative to sanitary and protective construction of public school buildings; KRS 162.010 requires fee simple title to school property; and KRS 162.060 requires plan and specification approval for school construction by the chief state school officer. This administrative regulation provides for the location of school buildings in accordance with the program approved by the chief state school officer.
History: 1 Ky.R. 1046; 2 Ky.R. 242; eff. 10-8-1975; 4 Ky.R. 450; eff. 7-5-1978; 6 Ky.R. 498; eff. 5-7-1980; 11 Ky.R. 1160; eff. 3-12-1985; 16 Ky.R. 52; eff. 9-2-1989; 655; eff. 12-6-1989; 17 Ky.R. 2022; eff. 2-7-1991; 18 Ky.R. 2377; 2785; eff. 3-7-1992; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 4:090 Property disposal {#sec-702-kar-4-090 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:090}

Section 1. Definitions.

(1) "District Facilities Plan" or "DFP" means a school district's capital construction plan prepared every four years pursuant to 702 KAR 4:180.

(2) "Facilities Planning and Construction System" or "FACPAC" means the Kentucky Department of Education's web-based application for construction, planning, and real property transactions.

(3) "BG-1" means the form used to initiate and revise a capital construction project or property transaction in FACPAC.

(4) "BG-5" means the form used to closeout a capital construction project or property transaction in FACPAC.

(5) "Fair Market Value" or "FMV" means the value of a site based on an appraisal performed by a real property appraiser licensed to practice in the Commonwealth of Kentucky under KRS Chapter 324A.

(6) "Survey" means a formal assessment of a real property that is sealed and signed by a professional land surveyor providing an official record of its size, location, and features, including, applicable boundaries, easements, title, and any requirements of the purchaser for disposal.

Section 2. Disposition Process.

(1) Real property for disposal shall be declared surplus to the educational needs of the district by the local school board. Real property may include a transitional center and property not included in the DFP.

(2) A local board of education requesting approval from the Kentucky Department of Education to dispose of real property by sale, lease, or easement shall submit the request and required documentation electronically through the FACPAC system.

(3) The district shall provide the applicable contingent, final, and closeout documentation by electronic submission in the FACPAC system in a format approved by the department for review.

(4) All documentation required by this administrative regulation shall be reviewed by the local board's legal counsel, and if applicable, the district's insurance carrier and fiscal agent or bond counsel prior to being presented to the local board of education and submission to the department.

(5) Disposal of property purchased or improved using federal funds that is no longer needed for the originally authorized purpose shall comply with state and federal requirements.

(6) The department shall review and provide the applicable contingent approval, final approval, closeout approval, or disapproval, to the local school district within thirty (30) business days of receipt of a completed documentation.

Section 3. Disposition by Sale.

(1) A request for disposal shall be approved by the local board of education and submitted to the department. The request shall include:

(a) Initial, signed BG-1 identifying the:

Address or general legal property description;
Current official reported name through the District and School Collection Repository (DASCR); and
Approximate acreage or area;

(b) A declaration assuring that the disposal shall not affect the integrity or usefulness of property crucial to the educational needs of the district; and

(2) Upon receipt of written contingent approval from the department through an approved initial BG-1, the district may continue the disposal process using one (1) of the following methods to secure the fair market value with assurance that the district shall not retain any residual interest as owner or lender:

(a) By public auction;

(b) By accepting sealed bids; or

(3) For real property disposal by public auction or sealed bids, the proposed sale shall be advertised in accordance with KRS 424.130(1)(b) which shall include the statement, "The board of education reserves the right to reject any and all bids and final approval by the Kentucky Department of Education is required."

(4) Following the conclusion of the auction or receipt of bids for which fair market value is received, the local board of education shall approve and submit to the department for review and consideration for final approval:

(a) A revised BG-1 noting the agreed-upon sale price and any costs incurred;

(b) The appraisal;

(d) The results of the public auction or sealed bids; and

(e) The proposed sale agreement.

(5) The local board shall notify the department if the auction or receipt of bids failed to attain the required fair market value.

(6) For real property disposal by setting a minimum acceptable price, the local board of education shall approve and submit to the department for review and final approval:

(a) A revised BG-1 noting the agreed-upon sale price and any costs incurred by the local school district;

(b) The appraisal; and

(7) Upon receipt of an approved revised BG-1 from the department, the local school district may execute the sale agreement.

(8) To complete and closeout the disposal process, the local board shall approve and submit to the department:

(a) A copy of the executed sale agreement; and

(b) A signed BG-5.

Section 4. Disposition by Sale to a Governmental or Quasi-Governmental Agency.

(1) Districts conducting a disposal with another governmental or quasi-governmental agency under KRS 160.160(8) shall submit to the department within thirty (30) business days after the completion of the transaction for record keeping and data collection:

(a) The initial, signed BG-1 identifying the:

Address or general legal description of the property;
Last official reported name through the District and School Collection Repository (DASCR), if applicable; and
Approximate acreage or area;

(b) A declaration assuring that the disposal shall not affect the integrity or usefulness of property crucial to the educational needs of the district;

(d) An executed copy of the sale agreement.

(2) Upon receipt of a processed initial BG-1 from the department, the local board of education shall submit a signed BG-5.

Section 5. Disposition by Easement.

(1) Easements shall not conflict with the requirements contained in 702 KAR 4:050 and 702 KAR 4:170.

(2) The local board shall approve and submit to the department for review and approval consideration:

(a) An initial, signed BG-1 identifying the:

Address or general legal property description[;] and
Approximate acreage or area.

(b) A declaration assuring that the disposal shall not affect the integrity or usefulness of property crucial to the educational needs of the district;

(c) A survey by a professional land surveyor indicating the easement boundaries, size, and its relationship to the larger property;

(d) The appraisal; and

(e) A copy of the proposed easement agreement with language that includes:

The parties to the agreement;
The official address of the district property;
The legal description and easement type;
A reversionary clause that reverts the property back to the exclusive unrestricted control of the local board of education when the need for the easement no longer exists; and
Receipt of fair market value or equivalent valuable consideration for permanent access and permanent utility easements.

(3) Easements for the exclusive use of the district shall not require receipt of fair market value unless the easement is expanded to benefit additional parties beyond the local school district.

(4) Upon receipt of an approved initial BG-1 from the department, the local board may execute the easement agreement.

(5) The local board shall approve and submit to the department to close the disposal process:

(a) A copy of the executed easement agreement; and

(b) A signed BG-5.

Section 6. Disposition by Lease (District as Lessor/Landlord).

(1) The local board shall approve and submit to the department for review and approval consideration:

(a) An initial, signed BG-1 identifying the:

Address or general legal property description; and
Approximate floor area or acreage.

(b) A declaration assuring that the disposal shall not affect the integrity or usefulness of property crucial to the educational needs of the district;

(c) An affirmation that the proposed lease agreement has been reviewed by the local board attorney and district insurer carrier; and

(d) The proposed lease agreement which shall include:

The parties to the agreement;
The proposed use;
A description of the leased space including leased area, use, and common areas as applicable or description of the leased land including use and acreage as applicable;
Conditions of site access and parking;
Beginning and ending dates, including annual renewal and cancellation provisions;
Determination of fair market value and how payments are to be made;
Insurance requirements of the parties;
Identification of the parties' responsibilities for payment of utilities, performance of maintenance, and related supplies;
Notice provisions;
Provisions for security
Requirements for compliance with established board policies if tenants will be in contact with students; and
Other applicable terms or conditions.

(2) Upon receipt of an approved initial BG-1 from the department, the local board may execute the lease agreement.

(3) The local board shall approve and submit to the department:

(a) A copy of the executed lease agreement; and

(b) A signed BG-5.

Section 7. Waiver Process.

(1) A local board may request a waiver of the required submission items by submitting a written request with supporting documentation to the Commissioner of Education or designee who shall approve or disapprove the request within thirty (30) business days.

(2) A disapproved waiver request may be appealed by a local board to the Kentucky Board of Education.

Section 8. Disapproval and Appeals Process. After evaluation of the submitted documentation, if the Kentucky Department of Education disapproves the proposed disposal, the local board of education may:

(1) Discontinue the disposal process;

(2) Provide the department with updated documentation for reconsideration; or

(3) Appeal to the Kentucky Board of Education.

Section 9. Conflict of Interest.

(1) If a local school board uses a third party to dispose of or lease property, the third party shall not have any financial interest in the transaction or adjacent property beyond a standard commission approved by the school board. If the third party has any financial interest in the transaction or adjacent property beyond a standard commission, the third party shall publicly disclose his or her conflict of interest to the local school board and shall be documented in the local school board's meeting minutes.

(2) The local school board shall provide the minutes of any such meeting to the department when requesting approval under any section of this administrative regulation.

Section 10. Incorporation by References.

(1) The following material is incorporated by reference:

(a) "BG-1 Project Application Form", July 2024; and

(b) "BG-5 Project Closeout Form", July 2024.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 300 Sower Boulevard 4th Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or this material may be viewed on the Kentucky Department of Education's Web site at https://www.education.ky.gov/districts/fac/Pages/Construction.aspx.

History

RELATES TO: KRS 45A.425, 156.070, 156.160, 160.160(8), 162.010, 424.170, 2 C.F.R. 200.310, 200.311
STATUTORY AUTHORITY: KRS 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to promulgate administrative regulations establishing standards for the disposal of real property owned by local boards of education. This administrative regulation is necessary to provide for real property disposal, leases, and easements in accordance with an approved educational program. KRS 156.070 authorizes the Kentucky Board of Education to have the management and control of the common schools.
History: SBE 22.070; 1 Ky.R. 1049; eff. 6-11-1975; 8 Ky.R. 329; eff. 12-2-1981; 17 Ky.R. 2029; eff. 2-7-1991; Crt eff. 11-16-2018; 47 Ky.R. 545, 1409, 1557; eff. 5-4-2021; 51 Ky.R. 554, 1107; eff. 12-10-2024.

702 KAR 4:100 Emergency school loan fund; repayments {#sec-702-kar-4-100 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:100}

Section 1. The total amount of the loan shall be forwarded to the district upon approval of plans and specifications, and a proposed contract has been approved by the Division of Buildings and Grounds.

Section 2. The entire amount of the loan shall be deposited directly into a separate account designated as the "Emergency School Loan Fund."

Section 3. The fund shall be kept in a depository selected by the board of education. The money shall be invested in direct obligations of the United States until such time as cash funds shall be needed.

Section 4. All expenditures from this fund shall be made solely for the purposes approved by the Director of the Division of Buildings and Grounds except that a district may qualify for a loss if the sheriff has failed to collect or disburse tax revenue in a fiscal year.

Section 5. The State Board for Elementary and Secondary Education shall cause to be made annually an audit of this fund by a certified public accountant or by an accountant approved by the State Department of Education.

Section 6. One-tenth (1/10) of the loan made for construction purposes shall be payable to the "State Emergency Revolving School Loan Fund Account" on each anniversary date of the loan for the next ten (10) consecutive years. A loan made because of delinquent tax revenues shall be repaid when tax revenues are received and no later than three (3) years from the date of the loan. This payment shall be forwarded to the Director, Division of School District Finance, State Department of Education.

History

RELATES TO: KRS 156.031, 160.599
STATUTORY AUTHORITY: KRS 156.070, 160.599
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.031 requires that administrative regulations relating to statutes amended by the 1990 Kentucky Education Reform Act be reviewed, amended if necessary and resubmitted to the Legislative Research Commission prior to December 30, 1990; and KRS 160.599 provides for an emergency loan fund for local school districts experiencing a loss of physical facilities due to fire or natural disaster or a failure to timely receive local tax revenues. This administrative regulation is necessary to establish procedures for the handling and repayments of loans made from the Emergency Revolving School Loan Fund Account.
History: 702 KAR 004:100. 2 Ky.R. 229; eff. 12-10-1975; 17 Ky.R. 2030; eff. 2-7-1991; Crt eff. 11-16-2018; Crt eff. 6-5-2025.

702 KAR 4:170 Facility programming and construction criteria {#sec-702-kar-4-170 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:170}

Section 1. The "Facility Programming and Construction Criteria Planning Guide", dated July,1994, is hereby adopted and incorporated by reference. A copy of this planning guide may be photocopied, reviewed and obtained from the Division of Facilities Management, Kentucky Department of Education, 15th Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8:30 a.m. to 4:30 p.m.

History

RELATES TO: KRS 156.031, 156.070, 156.160, 162.060
STATUTORY AUTHORITY: KRS 156.070, 156.160, 162.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the State Board for Elementary and Secondary Education to adopt rules and administrative regulations relating to sanitary and protective construction of public school buildings, toilets, physical equipment of school grounds, and school buildings and classrooms. KRS 162.060 requires approval of all plans and specifications for school building construction by the chief state school officer, in accordance with the rules and administrative regulations of the state board. This administrative regulation implements these statutory duties by prescribing various architectural, structural, mechanical, electrical, sanitary, heating and ventilation design specifications to ensure functional, safe and economical operation of the proposed educational facility, and to provide for a healthy and comfortable space for learning. The minimum standards stated in this administrative regulation shall be incorporated into the design of each new school building. Additionally, this administrative regulation repeals and replaces three (3) administrative regulations relating to school district facilities.
History: 21 Ky.R. 1808; eff. 3-2-1995; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 4:180 Implementation guidelines - Kentucky School Facilities Planning Manual {#sec-702-kar-4-180 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:180}

Section 1. A school district shall develop a local District Facilities Plan once every four (4) years in accordance with the schedule set by the Commissioner of Education. The Kentucky Board of Education shall approve the District Facilities Plan submitted by the district upon the recommendation of the Commissioner of Education.

Section 2. A District Facilities Plan, and requested amendments thereto, shall be developed in accordance with the standards and hearing procedures contained in the "Kentucky School Facilities Planning Manual," June 2008.

Section 3. The District Facilities Plan shall remain in effect until any changes have been approved by the Kentucky Board of Education.

Section 4. The adopted District Facilities Plan shall become the facilities plan of the local school district and shall be implemented to the extent that the financial ability of the district permits as determined by the Commissioner of Education and the School Facilities Construction Commission. The scope of any construction project recommended in the District Facilities Plan shall remain in effect until any changes have been approved by the Kentucky Board of Education.

Section 5. Incorporation by Reference.

(1) "Kentucky School Facilities Planning Manual," dated June 10, 2008, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, Division of Facilities Management, 15th Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 157.420(4), 157.620, 157.622
STATUTORY AUTHORITY: KRS 156.070, 157.420, 157.440
NECESSITY, FUNCTION, AND CONFORMITY: KRS 157.420(4) requires that the capital outlay allotment from the public school fund be used by school districts for capital outlay projects approved District by the Commissioner of Education in accordance with requirements of law and based on a survey made in accordance with administrative regulations of the Kentucky Board of Education. KRS 157.622 sets forth certain requirements for school facilities plans relative to participation in funding by the School Facilities Construction Commission. KRS 157.440 requires the Facility Support Program of Kentucky funds be used to address categorized priorities listed in the approved Facilities Plan pursuant to KRS 157.420. KRS 156.070(4) authorizes the state board to prescribe administrative regulations for the efficient management, control, and operation of the schools and programs under its jurisdiction. This administrative regulation provides for the development and adoption of a written district facilities plan by the school district describing school centers and their status as permanent or transitional and the current and proposed plan of school organizational structure, enrollment, and student capacity.
History: 18 Ky.R. 569; eff. 10-6-1991; 19 Ky.R. 1418; eff. 2-4-1993; 21 Ky.R. 2242; eff. 5-4-1995; 31 Ky.R. 1021; 1242; eff. 1-21-2005, Recodified from 702 KAR 1:001, 4-8-2008; 34 Ky.R. 2484; 35 Ky.R. 32; eff. 7-7-2008; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

Chapter 5 Pupil Transportation

702 KAR 5:010 Pupil transportation: technical assistance and monitoring {#sec-702-kar-5-010 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:010}

Section 1. The Department of Education may make safety inspections of school buses and special type vehicles either owned by the board or contracted to the board being used to transport pupils to and from school, held in reserve as substitutes for this purpose, or proposed for this purpose. If a school bus or special type vehicle is found to be in an unsafe condition, the department shall prohibit further use for the transportation of pupils until the conditions causing it to be unsafe have been corrected.

Section 2. The Department of Education may make inspections of bus driver training records. If a school bus driver training record is found to be out of compliance, the department may decertify a driver whose training records are out of compliance until proper corrections are made.

Section 3. All vehicles used for the transportation of pupils shall meet the minimum safety standards for Kentucky school buses of the same model year except as provided in 702 KAR 5:060, Section 6(2), or 702 KAR 5:130, Sections 1 and 2.

Section 4. The Department of Education may make a district pupil transportation system survey or audit in any school district providing transportation for its pupils, or that is planning to provide transportation for its pupils.

Section 5. The Department of Education may require the superintendent of a school district to prepare or cause to be prepared: pupil transportation maps, bus route descriptions, and reports necessary for calculating the district's entitlement under the Support Education Excellence in Kentucky Program.

Section 6. The Department of Education shall be responsible for the training and approval of state school bus inspectors in accordance with the requirements established in 702 KAR 5:030.

History

RELATES TO: KRS 156.160, 157.370, 189.540
STATUTORY AUTHORITY: KRS 156.070, 156.160, 157.370
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 and 189.540 require the Kentucky Board of Education to promulgate administrative regulations relating to the physical welfare and safety of public school children, the transportation of children to and from school, and the operation of school buses. KRS 157.370 establishes the method of calculating transportation costs for the state public school funding program. This administrative regulation establishes guidelines and procedures whereby the Department of Education may offer direct assistance to the school districts in these areas: service to the pupils, school bus safety, and economy of operation.
History: 702 KAR 005:010. 1 Ky.R. 1049; eff. 6-11-1975; 11 Ky.R. 1875; eff. 7-9-1985; 16 Ky.R. 197; 538; eff. 10-8-1989; 17 Ky.R. 431; eff. 10-14-1990; 2035; eff. 2-7-1991; 18 Ky.R. 3026; 3387; eff. 6-7-1992; 19 Ky.R. 1884; 2244; eff. 4-7-1993; 29 Ky.R. 1340; eff. 1-16-2003; 33 Ky.R. 895; 1320; eff. 12-1-2006; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 5:020 Program cost calculation {#sec-702-kar-5-020 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:020}

Section 1. A county district's net transported pupil density shall be determined by dividing the district's net ADA for pupils transported one (1) mile or more to school by the number of square miles in this district's primarily served area.

Section 2. The net ADA for a county district's pupils transported one (1) mile or more to school shall be determined from the local superintendent's annual statistical report for the district.

Section 3. The number of square miles in the primarily served area of a county district shall be determined by deducting from the total square mile area of the county, the square mile area of any independent district located within the county, and by deducting the square mile area of any portion of the district located more than one (1) mile from one (1) of the district's pupil transportation vehicle routes.

Section 4. A county district's gross transported pupil density shall be used in constructing a graph required by KRS 157.370. This density shall be determined by dividing the district's gross ADA for all pupils transported as shown on the superintendent's annual statistical report for the district by the number of square miles in the district's primarily served area.

Section 5. An independent district's net transported pupil density shall be determined by dividing the district's net ADA for pupils transported one (1) mile or more to school by the number of square miles in this district's primarily served area.

Section 6. The net ADA for an independent district's pupils transported one (1) mile or more shall be determined from the local superintendent's annual statistical report for the district.

Section 7. The number of square miles in the primarily served area of an independent district shall be determined by deducting from the total square mile area of the district, the square mile area of any portions of the district that are located more than one (1) mile from one (1) of the district's pupil transportation vehicle routes.

Section 8. An independent district's gross transported pupil density shall be used in constructing the graph required by KRS 157.370. This density shall be determined by dividing the district's gross ADA for all pupils transported as shown on the local superintendent's annual statistical report for the district by the number of square miles in the district's primarily served area.

Section 9. In calculating the amount to be added each year to the district's pupil transportation program cost for pupil transportation vehicle depreciation, only those wholly district-owned vehicles shown on the district's pupil transportation school bus inventory for each year as having a rated pupil seating capacity of ten (10) or more, as meeting the Kentucky Minimum Specifications for School Buses; Revised, for the model year in which the vehicles were manufactured, and as remaining within the applicable depreciation schedule, shall be included. School buses used exclusively for activity purposes or that are not properly equipped and maintained in safe and satisfactory condition for the transportation of pupils shall not be included in the district's pupil transportation vehicle depreciation schedule.

Section 10. In calculating the depreciation cost for a new school bus purchased by a district during any school year, the model year of the vehicle chassis shall be considered to be the model year of the vehicle with the exception that, for inventory and calculation purposes by the Division of Pupil Transportation, all school buses purchased new and shown by the district as having been added to its school bus inventory during the school year shall be considered to be of the same model year regardless of when said vehicles were delivered during that school year or manufacturer's model year designation. The model year of all said vehicles to be the same as the year shown on the cover of the booklet containing the Kentucky Minimum Specifications for School Buses; Revised, as referenced by 702 KAR 5:060, that were in effect during the first half of the school year in which said vehicle was added to the district's inventory.

Section 11. The annual depreciation cost for any school bus shown on the district's annual school bus inventory that is within the applicable depreciation schedule shall not be calculated unless said vehicle is maintained by the district in a safe and satisfactory condition, as evidenced by safety inspections performed pursuant to 702 KAR 5:030, for transporting pupils to and from school.

Section 12. The amount to be added each school year to the district's pupil transportation program cost for pupil transportation vehicle depreciation shall be determined by:

(1)

(a) Multiplying the number of qualifying diesel powered vehicles of the same type and rating purchased new prior to the 1985 model year and gasoline powered vehicles of the same type and rating purchased new prior to the 1987 model year, and less than nine (9) model years old, by one-eighth (1/8) of the bid price of a school bus of the same type and rating purchased through the state bid price contract plan in the same school year. The annual depreciation amount for each school bus shall be calculated to the nearest whole dollar.

(b) Starting with the 1987 model year vehicles and including the 1985 and 1986 model year diesel powered vehicles, the amount calculated for annual depreciation on each vehicle of the same type and rating purchased new through the state bid price contract plan shall be determined by the following depreciation schedule:

(c) A district that purchases a new school bus during any school year of a type and rating that was not purchased through the state bid price contract plan during that same school year shall furnish the Division of Pupil Transportation with certain qualifying information including the price paid for said vehicle from which said division shall establish a reasonable price to be used for the purpose of calculating the annual depreciation on said vehicles based on the number of seats and other major cost factors.

(d) The amount calculated for the depreciation for all qualifying school buses on the district's inventory shall be determined in the manner prescribed in subsection (1) of this section. The model year of the vehicle chassis shall determine the number of years that these vehicles remain within the applicable depreciation schedule except where exceptions are shown in other sections of this administrative regulation.

(2) Whenever a district purchases a used school bus of a model year that would place it within the applicable depreciation schedule and which meets the safety requirements of the Kentucky Minimum Specifications for School Buses; Revised, for the model year in which the vehicle was manufactured, certain qualifying information and the price paid for said vehicle shall be reported to the Division of Pupil Transportation. Depreciation for said vehicle shall be calculated for each school year for which said vehicle remains within the applicable depreciation schedule on the same basis as a vehicle of the same type and rating purchased through the state bid price contract plan during that particular model year. In no case shall this amount exceed the annual amount of depreciation calculated for a vehicle of the same model year and rated pupil seating capacity category that was purchased new through the state bid price contract plan. For inventory and calculation purposes by the Division of Pupil Transportation, the model year of the older component, either chassis or body, shall be considered to be the model year of the vehicle and shall determine the number of years that said used vehicle remains within the applicable depreciation schedule.

(3) Whenever a district purchases a new school bus chassis and has its district-owned used school bus body installed thereon or purchases a new school bus body and has it installed on its district-owned used school bus chassis, certain qualifying information and the price paid for said new component shall be reported to the Division of Pupil Transportation. For inventory and calculation purposes by the Division of Pupil Transportation, the model year of such vehicle shall be considered to be the model year of the older component, chassis or body, and the depreciation shall be calculated for the number of years the vehicle remains within the applicable depreciation schedule on the same basis as a new vehicle of the same purchased through the state bid price contract plan during that particular model year.

(4) The amounts calculated for school bus depreciation under subsections (1), (2), and (3) of this section shall be added together to make up the district's annual cost for pupil transportation vehicle depreciation.

Section 13. The final step in the district's tentative cost calculation shall be made by multiplying the district's graph adjusted cost per pupil per day by the aggregate number of days attendance of the district's pupils transported one (1) mile or more to school.

Section 14. The graph adjusted pupil transportation cost per pupil per day shall be determined by applying the district's transported pupil density of the graph as provided in KRS 157.370.

Section 15. The aggregate number of days the district's pupils were transported one (1) mile or more to school shall be determined by multiplying the average daily attendance of these pupils by the number of days the district's schools were in session up to the number required under the Fund to Support Education Excellence in Kentucky.

Section 16. When the net average daily attendance of T-1 and T-5 transported pupils in any district for the first two (2) months of the current school year is greater than it was for the first two (2) months of the previous school year, the district is eligible to apply for an adjustment for the current year increase.

Section 17. Application for an adjustment increase or a report on the absence of an increase shall be made by each district board prior to December 1.

Section 18. The net average daily attendance of the district's T-1 and T-5 transported pupils computed for the first two (2) months of the previous school year shall be compared with the same two (2) month period of the current school year and the percent of growth determined.

Section 19. The district's tentative formula adjusted cost for pupil transportation shall then be multiplied by the percent of growth to determine the additional cost to be added as a current year increase.

Section 20. The calculated amount for current year increase shall then be added to the district's tentative pupil transportation cost calculation to make up the district's final formula adjusted cost for pupil transportation for the current school year.

Section 21. During the school year in which any independent school district starts to provide pupil transportation when said district's schools open, the district's adjustment for current year growth shall be calculated by multiplying the district's net average daily attendance of T-1 and T-5 transported pupils for the first two (2) months that the district's schools are in session by the average calculated cost per pupil per year for all independent school districts as shown in the pupil transportation tentative cost calculations bulletin dated for that school year. The amount calculated for growth shall be the only pupil transportation program cost considered for program allotment purposes for that school year.

Section 22. During the school year in which any independent school district starts to provide pupil transportation after said district's schools have been in session for two (2) months or more, there shall be no adjustment calculated for current year growth for program allotment purposes for that school year.

Section 23. During any school year following the school year in which any independent school district started to provide pupil transportation that the average daily attendance for the first two (2) months that the district's schools were in session shows a growth in T-1 and T-5 transported pupils of 100 percent or less, the adjustment for current year growth shall be calculated as provided in Sections 16, 17, 18, 19, and 20 of this administrative regulation. If the district's growth in T-1 and T-5 transported pupils for the first two (2) months shows a growth of more than 100 percent, the adjustment for current year growth shall be calculated first as provided in Sections 16, 17, 18, 19, and 20 of this administrative regulation; and secondly, by multiplying the net increase in the average daily attendance of T-1 and T-5 transported pupils by the average calculated cost per pupil per year for all independent districts as shown in the pupil transportation tentative cost calculation bulletin dated for that school year. The lesser of the two (2) amounts shall then be added to the district's pupil transportation tentative cost calculation for allotment purposes.

History

RELATES TO: KRS 156.031, 157.370
STATUTORY AUTHORITY: KRS 156.070, 157.320, 157.370
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.031 requires that administrative regulations relating to statutes amended by the 1990 Kentucky Education Reform Act be reviewed, amended if necessary, and resubmitted to the Legislative Research Commission prior to December 30, 1990; and KRS 157.370 sets forth the basic statutory framework by which local school districts are to be reimbursed from the Fund to Support Education Excellence in Kentucky for transportation costs. This administrative regulation implements and interprets, where necessary, those statutory provisions, in order to set out the method and steps for completion of the calculation of the districts' pupil transportation program costs.
History: 702 KAR 005:020. 1 Ky.R. 1049; 2 Ky.R. 242; eff. 10-8-1975; 9 Ky.R. 1306; eff. 7-6-1983; 10 Ky.R. 1176; eff. 6-28-1984; 12 Ky.R. 1854; eff. 7-2-1986; 17 Ky.R. 432; eff. 10-14-1990; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 5:030 Pupil transportation {#sec-702-kar-5-030 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:030}

Section 1. A school district superintendent shall be responsible for the safe operation and general supervision of the district's pupil transportation program. The superintendent may designate another employee or other employees of the board to assist in carrying out this responsibility.

Section 2. The superintendent shall require that a safety inspection be made on each school bus owned and operated by the board or contracted to the board at least once each month that the district's schools are in session. This inspection shall be made by a state approved inspector. If, upon inspection, a school bus is found to be in unsafe operating condition, the superintendent shall withhold the bus from operation until the required repairs are made. The superintendent shall keep the records of the bus safety inspections on file.

Section 3. The superintendent shall make reports annually to the Department of Education on all school bus accidents that occurred during the year. Accidents involving serious student injury or fatality or failure of safety equipment shall be reported to KDE immediately. KDE shall then distribute this information to all districts.

Section 4. The superintendent shall provide the required school bus driver training before a school bus driver shall begin the duties of transporting pupils to and from school or events related to schools. This training shall at least include the school bus driver course prescribed by the Kentucky Board of Education, in accordance with 702 KAR 5:080, Sections 7 and 8 and shall be conducted by a state approved instructor. Evidence that the driver has received this training shall be submitted to the Division of Pupil Transportation and a copy shall be retained by the district.

Section 5. The superintendent shall be responsible for providing the required in-service school bus driver training which each school bus driver shall complete annually for approval renewal, in accordance with 702 KAR 5:080, Section 8. The in-service training shall include at least eight (8) hours of required instruction relevant to the core curriculum conducted by an approved instructor. Evidence that each driver has received this training shall be submitted to the Division of Pupil Transportation and a copy shall be retained by the district.

Section 6. A superintendent shall require all drivers of school buses equipped with a crossing control arm to utilize the arm when loading or unloading students. The superintendent or designee, in consultation with the certified driver training instructor, shall have full authority as to the use of crossing control arms on school grounds.

Section 7. District school bus inspectors shall complete an annual four (4) hour update conducted by a state approved school bus inspector and instructor.

Section 8. The training required to be designated as a state approved inspector is provided in the "Pupil Transportation Management Manual", Chapter 6, as revised April 1998.

Section 9. A superintendent shall implement a controlled substance and alcohol use and testing program in accordance with Federal Motor Carrier Regulations 382, Section 101 through 605.

Section 10. A district shall provide the owner of any school bus or special type vehicle that is contracted to the board for the transportation of the district's pupils with a written contract each school year in which the responsibilities of the contractor are clearly established.

Section 11. A district shall require the owner of any school bus or special type vehicle contracted to the board to provide a performance bond each school year in the amount that the district deems necessary.

Section 12. In route planning and purchasing or contracting for school buses, a district shall work toward providing a sufficient number of school buses to allow each student a seated position that affords the occupant protected compartmentalization and complies with 702 KAR 5:080, Section 11.

Section 13. Before a district transfers title to a school bus to another party other than a Kentucky school district, the district shall:

(1) Remove all district identification from a board-owned school bus before transferring the title to the school bus to another party. A contract issued by the board to a school bus contractor shall contain a clause requiring the school bus contractor to remove all district identification lettering from the school bus when it is no longer under contract to the district; and

(2) Make the stop signal arm and the red flashing warning lights, strobe lights and crossing control arms inoperable by disconnection or removal.

Section 14. A district shall develop a plan providing all pupils instruction in school bus pupil safety each school year. The district shall conduct two (2) evacuations each semester with the first evacuation each semester being conducted within the first week in accordance with the Driver Training Instructor Manual, Chapter Eleven (11). The district shall retain documentation of emergency evacuation performance. Educational films, safety demonstrations or related information as approved by the Kentucky Department of Education, may supplement emergency evacuation drills.

Section 15. A district shall not permit a radio, tape, or communication system to be installed or operated on the school bus that is not under the direct control of the bus driver. Any installed radio, tape or communication system shall be per the original equipment manufacturer's specifications.

Section 16. A district shall designate a physician, physician's assistant, or an advanced registered nurse practitioner to perform the physical examination required for all school bus drivers. The district shall retain a current physical examination record or physical fitness certification for each school bus driver.

Section 17. A principal or designee shall be responsible for the organization and operation of a system of adequate supervision of the pupils as they enter and leave the school buses at the school.

Section 18. Each local board of education shall have a policy on responsibilities of pupils who are transported in district vehicles.

Section 19. A principal or designee shall be responsible for the discipline of pupils who ride school buses. The principal shall assist the school bus driver with school bus discipline problems when the school bus driver properly reports on the discipline problem either in person or in writing.

Section 20. A pupil who creates a serious safety or discipline problem or persists in creating serious discipline problems on the school bus shall be reported to the principal or designee to handle bus discipline problems. The principal or designee may suspend the pupil bus riding privileges until the problem is resolved. A student whose bus riding privileges have been suspended shall not be allowed on the bus again until the driver receives permission by the principal or his designee.

Section 21. A school bus driver shall maintain a current ridership list for all routes and trips.

Section 22. A local board of education that owns, operates, or contracts school buses that transport the district's pupils to and from school shall purchase liability or indemnity insurance for these school buses. The coverage limits shall be at least the amounts below:

Section 23. If there are pupils transported on school buses or other vehicles contracted to the board, the board shall enter into an agreement with the contractor to secure fleet rates for liability or indemnity insurance for these vehicles.

Section 24. The Kentucky Standard School Bus Endorsement, which is furnished by the Commissioner of Education to insurers that have been awarded school bus insurance coverage, shall be attached to and become part of the school bus insurance contract after having been signed by an official of the insuring company having the proper corporate authority to sign the document.

Section 25. The following federal administrative regulation is adopted without change: "Federal Motor Carrier Regulations 382, Section 101 through 605" last amended 1997.

Section 26. Incorporation by Reference.

(1) The following documents are incorporated by reference:

(a) "Pupil Transportation Management Manual", April 1998; and

(b) "Driver Trainer Instructors Manual", July 9, 1995.

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

History

RELATES TO: KRS 156.160, 189.540, 281.605, 49 C.F.R. 382.101-382.605
STATUTORY AUTHORITY: KRS 156.070, 156.160, 189.540, 49 C.F.R. 382.101-382.605
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 and 189.540 require the Kentucky Board of Education to promulgate administrative regulations relating to the safety of public school children, the transportation of children to and from school, and the operation of school buses. This administrative regulation provides the local board, the district superintendent, and principal with standards necessary to assist in administering the district's pupil transportation programs and to assure the safe operation of school buses and discipline.
History: SBE 24.260; 1 Ky.R. 1051; eff. 6-11-1975; 11 Ky.R. 1876; eff. 7-9-1985; 13 Ky.R. 2092; eff. 7-2-1987; 15 Ky.R. 1557; eff. 2-3-1989; 16 Ky.R. 198; eff. 10-8-1989; 17 Ky.R. 435; 1354; eff. 10-14-1990; 2036; eff. 2-7-1991; 18 Ky.R. 477; eff. 11-8-1991; 3027; 3388; eff. 6-7-1992; 21 Ky.R. 1945; eff. 4-6-1995; 29 Ky.R. 1341; eff. 1-16-2003; Crt eff. 6-28-2019; TAm eff. 11-18-2022; Crt eff. 4-9-2026.

702 KAR 5:060 Buses; specifications and purchases {#sec-702-kar-5-060 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:060}

Section 1. The chief state school officer through his Division of Pupil Transportation, Department of Education, shall prepare Kentucky minimum specifications for school buses for approval by the State Board for Elementary and Secondary Education and shall keep said specifications up-to-date by revision whenever experience, model changes, manufacturing techniques, and product improvement indicate that revision and updating is necessary.

Section 2. The State Board for Elementary and Secondary Education shall approve appropriate Kentucky Minimum Specifications for School Buses, Revised, as a separate document and as warranted. Copies of this document containing the detailed specifications for the separate parts of new school buses and the specifications that pertain to used school buses shall be kept on file in the Division of Pupil Transportation, Department of Education. This document shall be made available in reasonable numbers to those persons or firms that have need for same.

Section 3. All manufacturers, their agents or representatives that propose to sell new school bus chassis, school bus bodies, and complete school buses to be used in the Commonwealth of Kentucky for the transportation of pupils to and from school and for related uses shall file detailed specifications, test results, certifications, and advertising brochures on these chassis, bodies, and complete buses with the Division of Pupil Transportation, Department of Education, Frankfort, Kentucky. These shall be filed at least annually at a time and in the manner prescribed. The manufacturers, their agents or representatives shall keep these files up-to-date following model changes or modifications made between filing dates.

Section 4. Any new school bus chassis, new school bus body, or complete new school bus purchased by any district board of education, individual, company or corporation for use in transporting pupils to and from school and for related purposes shall meet the Kentucky Minimum Specifications for School Buses; Revised, that were in effect on the date of manufacture. Any such bus or component part shall not be used for the above stated purposes until it shall have been approved by the Division of Pupil Transportation as meeting these requirements.

Section 5. Any used school bus chassis, used school bus body, or complete used school bus purchased by any district board of education, individual, company or corporation for use in transporting pupils to and from school and for related uses shall not be used for such purposes until it shall have been approved by the Division of Pupil Transportation as meeting the Kentucky Minimum Specifications for School Buses in effect on the date of its original purchase, and as meeting the used school bus mandatory safety equipment requirements in effect on the date the bus or component part was purchased in used condition.

Section 6.

(1) No vehicle which was designed by the manufacturer to carry more than ten (10) passengers in addition to the driver shall be used to transport children to or from school or events related to such schools that does not meet Kentucky Minimum Specifications for School Buses; Revised, that were in effect on the date of manufacture, or does not meet Federal Motor Vehicle Safety Standards applicable to manufacturers of school buses, except as provided in subsection (2) of this section.

(2) School districts may, in their reasonable discretion and with due regard to the safety and required supervision of the school children to be transported, utilize appropriately certificated common carriers, in regular or charter service, to transport school children to or from school-related events, as long as the vehicles so utilized are not significantly used as school buses. Such use of common carrier service, in lieu of qualifying school buses, shall be on a case-by-case basis, and the reasons believed by the board to justify such use shall be cited in the board minutes.

History

RELATES TO: KRS 156.031, 156.152, 156.153, 156.154, 156.160
STATUTORY AUTHORITY: KRS 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.031 requires that administrative regulations relating to statutes amended by the 1990 Kentucky Education Reform Act be reviewed, amended if necessary, and resubmitted to the Legislative Research Commission prior to December 30, 1990; KRS 156.152 to 156.154 set forth methods and procedures for cooperative, centralized purchasing of school buses by local boards of education through contracts established through the Department of Education and the Finance Cabinet; and KRS 156.160 requires the State Board for Elementary and Secondary Education to adopt administrative regulations pertaining to the safety and transportation of school children. This administrative regulation implements that system and establishes procedures for the cooperative purchase of school buses by Kentucky's school districts, and it further prescribes vehicles designed for more than ten (10) passengers which can be used to transport school children.
History: 702 KAR 005:060. SBE 24.225; 1 Ky.R. 1052; eff. 6-11-1975; 9 Ky.R. 1309; eff. 7-6-1983; 12 Ky.R. 1634; eff. 5-6-1986; 17 Ky.R. 436; eff. 10-14-1990; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 5:080 Bus drivers' qualifications, responsibilities, and training {#sec-702-kar-5-080 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:080}

Section 1. Licensing Requirement. A school bus driver shall have a current, valid Commercial Driver's License with applicable endorsements and restrictions pursuant to KRS 281A.170 to 281A.175.

Section 2. Medical Fitness.

(1) A local board of education shall require an annual medical examination that complies with KRS 281A.175 for each school bus driver.

(2) A person shall not drive a school bus unless physically and mentally able to operate a school bus safely and in accordance with the requirements of this administrative regulation.

(3) If there is limitation of motion in joints, neck, back, arms, legs, or other body parts, due to injury or disease that may limit the driver's ability to safely perform the task of driving a school bus or performing other driver responsibilities, the person shall not be employed as a school bus driver.

(4) A temporarily-injured or ill school bus driver may be assigned duties other than driving until the employee regains the ability to safely perform school bus driver duties.

(5) An otherwise medically and physically eligible school bus driver with diabetes mellitus, may be employed as a school bus driver, if the driver possesses a valid federal Medical Examiner's Certificate as required under 49 C.F.R. Part 391.41.

(6) A school bus driver taking medication either by prescription or without prescription shall report the medication to the immediate supervisor and shall not drive if that medication may affect the driver's ability to safely drive a school bus or perform other driver responsibilities.

(7)

(a) To ensure student safety, a district may require a school bus driver to pass a medical examination or a special type medical examination more often than annually at the district's expense.

(b) The medical examination shall include risk assessment and appropriate follow-through, as established in 702 KAR 1:160, Section 1, for tuberculosis upon initial employment.

(c) The medical examination shall be documented on the same form required by the Kentucky Department of Transportation to obtain a commercial driver's license and retained by the district.

Section 3. Criminal Records Check, Driving History, and Drug Testing.

(1)

(a) A criminal records and driving history check shall be performed by a local district on school bus drivers prior to initial employment and prior to reemployment following a break in employment.

(b)

Employment shall be contingent upon meeting the requirements of paragraph (a) of this subsection.
A local board of education shall adopt policies outlining employment qualifications for school bus drivers as related to these criminal records and driving history checks.

Revocation of the driver's license;
Conviction for driving under the influence (DUI) or driving while intoxicated (DWI);
Conviction for reckless driving; or
Citation for a moving motor vehicle violation, including:

a. Driving under the influence (DUI) or driving while intoxicated (DWI);

b. Reckless driving; or

c. A violation of state or local law governing motor vehicle traffic control, other than a parking violation.

(2)

(a) Controlled substance and alcohol use testing shall be a condition of employment for anyone in a safety sensitive student transportation position, including:

School bus drivers;
School bus mechanics; and
Other safety-sensitive jobs requiring a Commercial Drivers License (CDL) license.

(b) The controlled substance and alcohol use testing program shall include the following tests:

Preemployment testing (controlled substance only);
Postaccident testing;
Random testing; and
Reasonable suspicion testing.

(c) Prospective employees who have tested positive for a controlled substance within the last five (5) years shall not be considered for employment to drive a school bus or the performance of safety-sensitive services related to student transportation.

(d) A school bus driver, school bus mechanic, or anyone performing safety-sensitive student transportation duties having a confirmed positive test for a controlled substance shall be relieved of those duties immediately and not be eligible for reemployment in a safety-sensitive student transportation position for five (5) years.

(e) A school bus driver, school bus mechanic, or anyone performing safety-sensitive student transportation duties who tests at 0.02 percent or higher on the confirmation alcohol test immediately before, during, or immediately following the performance of these duties shall be relieved of these duties immediately and not be eligible for reemployment in a safety-sensitive student transportation position for five (5) years.

(f) A person shall not be employed as a school bus driver if convicted within the past five (5) years of driving under the influence (DUI) or driving while intoxicated (DWI).

Section 4. Training Requirements.

(1)

(a) Minimum training requirements to become a school bus driver shall consist of the successful completion of the twenty-one (21) hour initial training course and follow-up reviews as set forth in the Kentucky School Bus Driver Trainer Manual.

(b) Prior to the beginning of each school year, a bus driver shall successfully complete a district specific eight (8) hour update training.

(c) Each district shall annually provide the eight (8) hour update training, which shall be aligned with the Kentucky School Bus Driver Trainer Manual, address the needs of the district's school bus drivers, and be conducted by a driver trainer certified in accordance with subsection two (2) of this section.

(d) The eight (8) hour update training shall be provided after the district's last student attendance day of the school year, but prior to opening day of the proceeding school year.

(e) If a district employs a school bus driver, after the eight (8) hour annual update training was provided to bus drivers, the district shall provide the driver with the update training prior to allowing the driver to transport students.

(f) If a school bus driver leaves the employment of a school district as a bus driver, and is subsequently reemployed in the district as a driver, the driver shall complete the eight (8) hour update training within twelve (12) months following the driver's last date of employment in the district as a bus driver.

(g) A driver who does not timely complete the annual eight (8) hour update training and recertification pursuant to this section shall be required to complete the twenty-one (21) hour initial training course.

(2)

(a) A driver trainer shall satisfactorily complete the thirty-three (33) hour classroom and driving curriculum developed by the Kentucky Department of Education and delivered by a Kentucky Department of Education approved driver trainer instructor in accordance with the Kentucky School Bus Driver Trainer Manual.

(b) A driver trainer shall annually complete a minimum of six (6) hours of training developed by the Kentucky Department of Education and delivered by a Kentucky Department of Education approved driver trainer in accordance with the Kentucky School Bus Driver Trainer Manual.

Section 5. First Aid and Cardiopulmonary Resuscitation (CPR). All school bus drivers, student transportation technicians, and employees that transport students shall, at a minimum, receive basic first aid and CPR training by a person with:

(1) A valid certificate in first-aid training, including CPR, from the American Red Cross; or

(2) Equivalent training that can be verified by documentary evidence.

Section 6. Emergency Operation.

(1) If an emergency makes it necessary for the driver to leave the bus while students are on board, the driver shall follow local board policy.

(2) A driver shall not permit a student to operate the entrance handle or any other bus control except in case of an emergency.

Section 7. Transport of Items on School Bus.

(1) A local board of education shall develop a policy regarding the transport of persons and items on a school bus.

(2) To ensure student safety, the policy shall include:

(a) A prohibition on firearms or weapons, either operative or ceremonial, except that the policy may permit archery bows, used in connection with a school archery team, to be transported inside the passenger compartment and arrows transported in the underneath storage compartment;

(b) A prohibition on fireworks or other explosive materials of any type;

(d) A prohibition on glass objects or helium balloons; and

(e) A prohibition on any object that may block the bus aisle or exits or otherwise impede exiting the bus.

(3) The policy may additionally address issues related to the safe transport of students, including eating and drinking on the school bus.

Section 8. Student Assignment.

(1) A school bus driver shall transport only those students officially assigned to a bus trip unless an unassigned student presents the driver with written permission, which has been signed by the school principal or a designee, granting the student permission to ride the bus trip.

(2) A school bus driver shall not permit an assigned student to leave the bus at a stop other than the student's regular stop unless presented with written permission signed by the school principal or a designee.

(3) A school bus driver shall not transport a person who is not a student, including adult employees of the board, unless provided with written permission from the district superintendent or a designee.

Section 9. Student Seating.

(1) A school bus driver shall supervise the seating of the students on the bus and may assign a student to a specific seat on the bus.

(2)

(a) The school bus driver shall make certain the seating capability of the bus has been fully utilized before any student is permitted to stand in the bus aisle.

(b) A school bus driver shall not permit students to stand in the stepwell or landing area if:

The student would likely fall out of the bus if the emergency door were opened; or
The driver's view directly in front of the bus or to either side of the front of the bus would be obscured.

(3) A school bus driver shall report to the superintendent or a designee an overcrowded condition on the bus as soon as practicable and in accordance with local district policies.

Section 10. Loading and Unloading.

(1) A school bus driver shall activate the flashing amber signal lights at least 200 feet, if available, or a sufficient distance from a bus stop to warn motorists of the intended stop.

(2) Once the bus comes to a complete stop, the school bus driver shall follow the loading and unloading procedure outlined in the Kentucky School Bus Driver Trainer Manual.

(3) A stop signal arm and flashing warning lights shall be in operation anytime students are boarding or leaving the bus, including on school property.

(4) A school bus driver shall signal students to board or exit only after determining that any visible approaching traffic has come to a complete stop and is not beginning to move or attempting to pass the bus.

(5) A driver of a school bus shall be on the bus at all times students are loading or unloading.

Section 11. Fueling. For safety reasons, a driver shall not permit fueling of the bus while students are on board the bus.

Section 12. Student Conduct.

(1) A local board of education shall develop a policy regarding student conduct on school buses.

(2) If a student's conduct on the bus makes it unsafe for the bus to continue on its route, the school bus driver shall follow local district policy. Ejecting a student from the bus may be done only in the most extreme circumstances.

(3) If a student has been ejected from a bus the school bus driver shall notify the immediate supervisor who shall notify the appropriate district authorities, who shall subsequently notify the student's parent or legal guardian according to local board policy.

Section 13. Railroad. A school bus driver shall stop the bus at all places where the roadway crosses a railroad track or tracks at the grade level. The stop shall be made not less than fifteen (15) feet and not more than fifty (50) feet from the nearest track.

(1) After making the stop, the driver shall:

(a) Set the parking brake;

(b) Shift to neutral;

(d) Open the service door and driver side window; and

(e) Carefully look in each direction and listen for approaching trains before proceeding.

(2) If visibility is impaired at a crossing, after stopping the driver may allow the vehicle to roll forward to gain required visibility before proceeding.

(3) When a driver has ascertained that it is safe for the bus to cross the railroad tracks or tracks at the grade level, the driver shall:

(a) Close the bus service door;

(b) Shift the bus into the lowest gear;

(d) Proceed immediately to cross the railroad tracks or tracks at the grade level; and

(e) Turn the noise abatement switch off when safe to do so.

Section 14. Driver Inspection.

(1) A school bus driver shall perform and document a pretrip inspection of the bus safety and operating equipment each time that the bus is taken out for the transportation of students.

(2) A school bus driver shall inspect the school bus at the completion of each bus trip to ensure that no students remain in the bus.

Section 15. Road Conditions. A school bus driver shall not drive the school bus on any roadway if the conditions of the roadway, weather conditions, or other extenuating circumstances may make it unsafe.

Section 16. Driver Seat Belt. A school bus driver shall wear the driver's seat belt at all times that the bus is operated.

Section 17. Tobacco. A school bus driver shall not use tobacco products on the school bus and shall not permit students to use tobacco products on the school bus.

Section 18. Drug and Alcohol.

(1) A school bus driver shall not operate a school bus while under the influence of alcoholic beverages or any illegal drug or other drug.

(2) A driver found under the influence of alcohol or any illegal drug while on duty or with remaining driving responsibilities that day shall be dismissed from employment.

Section 19. Incorporation by Reference.

(1) The "Kentucky School Bus Driver Trainer Manual, November 2020, is incorporated by reference.

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

History

RELATES TO: KRS 156.160, 161.011, 189.540, 281A.170 – 281A.175, 49 C.F.R. Parts 380, 382 and 391
STATUTORY AUTHORITY: KRS 156.160(1), 189.540
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1) requires the Kentucky Board of Education to promulgate administrative regulations relating to the transportation of children to and from school and to medical inspections and other matters deemed relevant to the protection of the physical welfare and safety of public school children. KRS 189.540 requires the board to promulgate administrative regulations governing the design and operation of school buses. This administrative regulation establishes the qualifications, training, and responsibilities of the school bus driver.
History: 1 Ky.R. 6-11-1975; 7 Ky.R. 26; eff 9-30-1980; 663; eff. 4-1-1981; 9 Ky.R. 1309; eff. 8-3-1983; 11 Ky.R. 1877; eff. 7-9-1985; 12 Ky.R. 1857; eff. 7-2-1986; 13 Ky.R. 304; eff. 9-4-1986; 2093; eff. 7-2-1987; 15 Ky.R. 1558; 2-3-1989; 16 Ky.R. 200; eff. 10-8-1989; 17 Ky.R.; eff. 3-13-1991; 18 Ky.R. 478; 1133; eff. 11-8-1991; 19 Ky.R. 990; eff. 1371; eff. 12-9-1992; 21 Ky.R. 1948; eff. 4-6-1995; 22 Ky.R. 2056; 23 Ky.R. 132; eff. 7-5-1996; 29 Ky.R. 1343; 1789; eff. 1-16-2003; 32 Ky.R. 127; 485; eff. 10-7-2005; 34 Ky.R. 624; 1418; eff. 1-4-2008; Crt eff. 11-16-2018; 46 Ky.R. 2132, 2796, 2925; eff. 9-1-2020; 1454, 1957; eff. 7-6-2021.

702 KAR 5:100 Handicapped, reimbursement for {#sec-702-kar-5-100 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:100}

Section 1. When a student is handicapped as recognized by the categories of exceptionality set forth in KRS 157.200(1) and to the extent that transportation needs require special arrangements, special equipment, or a special vehicle, the school district's admissions and release committee shall qualify the student for special transportation.

Section 2. No school district shall certify the attendance of any qualifying handicapped pupil for weighted attendance as described in Section 1 and KRS 157.370(9) unless special transportation is provided for the pupil and is paid for from local district funds.

Section 3. The driver of a school bus who transports qualifying handicapped pupils to and from school shall meet the same requirements as the district's drivers who transport nonqualifying pupils to the district's public schools.

History

RELATES TO: KRS 156.031, 156.160, 157.370
STATUTORY AUTHORITY: KRS 156.070, 157.320
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.031 requires that administrative regulations relating to statutes amended by the 1990 Kentucky Education Reform Act be reviewed, amended if necessary, and resubmitted to the Legislative Research Commission prior to December 30, 1990; KRS 157.370 provides that the State Board for Elementary and Secondary Education shall determine the type of handicapped pupil who qualifies for special type transportation; and KRS 156.160 requires that the State Board for Elementary and Secondary Education regulate the transportation of children to and from school. This administrative regulation implements those duties relative to special type transportation.
History: 702 KAR 005:100. SBE 54-180(2); 1 Ky.R. 1053; eff. 6-11-1975; 7 Ky.R. 405; eff. 12-3-1980; 17 Ky.R. 438; eff. 10-14-1990; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 5:110 Vocational pupils, reimbursement for {#sec-702-kar-5-110 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:110}

Section 1. Definition. "Vocational school" means a state vocational-technical school, an area vocational education center, or a vocational training site.

Section 2. A local district may provide bus transportation for the district's secondary school pupils from their parent school to a vocational school where an integral part of the basic vocational instructional program is being provided.

Section 3. A district providing transportation to a vocational school shall submit a request for reimbursement by submitting a completed Form VT-2, District's Annual Claim to Receive Reimbursement for Pupil Transportation Vocational Schools, annually on or before June 30 of the current school year to the Office of District Support Services in the Department of Education.

Section 4. Funding in the current year shall be based upon information submitted on district applications based on the actual transportation provided.

Section 5. A local district that transports pupils to a vocational school on buses owned and operated by the district shall be reimbursed for these expenditures as follows:

(1) Bus mileage at a rate not to exceed the average cost per bus mile for county school districts, exclusive of driver's cost, as calculated by the Office of District Support Services for the previous school year; and

(2) The vocational school bus driver's cost at an hourly rate not to exceed the hourly rate paid by the district to a driver in the district's regular transportation program with similar qualifications.

Section 6. If a district's pupils are transported to a vocational school over a toll road as the nearest or best route, either on a board-owned bus or a bus contracted to the board, the district shall be reimbursed for the toll road fee in addition to mileage and driver's cost.

Section 7.

(1) A district that contracts for the transportation of its pupils to a vocational school shall be reimbursed an amount not to exceed the total amount that would result if:

(a) The vocational school bus mileage is multiplied by the average cost per bus mile for county districts exclusive of driver's cost; and

(b) The driver's total hours are multiplied by the average hourly rate paid by county school districts plus necessary toll road fees.

(2) The average mileage cost and average hourly rate shall be those calculated by the Office of District Support Services for the previous school year.

Section 8.

(1) Bus mileage shall be calculated from the parent school to the vocational school over the nearest and best route. If the same bus is used to transport pupils to a vocational school from more than one (1) school within the same district, bus mileage shall be calculated from the school located farthest from the vocational school over the nearest and best route as the bus serves the other schools en route to the vocational school.

(2) A bus round trip shall be considered the transportation of the student to and from a vocational school.

(a) A bus driver transporting students on a bus from a high school to a vocational school and returning back without the students to the high school shall be considered to have made half of a round trip.

(b) A bus driver departing from the high school without the students, going to the vocational school and returning back to the high school with the students shall be considered to have made half of a round trip.

Section 9.

(1) The total hours of a driver's pay per day that shall be reimbursed for transporting pupils to a vocational school shall be calculated on the basis of what the driver does while the pupils are in class at the vocational school as follows:

(a) If the driver waits at the vocational school for the full time that the pupils are in class, the driver's time shall start when the bus leaves the parent school farthest from which pupils are transported to the vocational school and shall stop when the pupils are returned to the farthest parent school; or

(b) If the driver unloads the pupils at the vocational school, then takes the bus to another location and returns to pick up the pupils when the classes are finished, the first half of the drivers time shall start when the bus leaves the parent school farthest from the vocational school and shall end when the driver reaches the point where the bus is parked until time to make the bus trip to the vocational school to return the pupils to their parent school. The second half of the driver's time shall start when the bus leaves the point where the bus was parked and shall end when the bus reaches the parent school farthest from the vocational school.

(2) The district shall pay the bus driver by the method that results in the least cost when the driver's time and the required bus mileage are considered in combination.

Section 10. The driver of the bus that transports pupils to a vocational school shall meet the same requirements as the district's bus drivers that transport pupils to the district's public schools.

Section 11. A school district shall be reimbursed for the cost of vocational school transportation for the actual number of days that pupils were transported to the vocational school not to exceed the number of instructional days in the school district's approved amended calendar.

Section 12.

(1) One (1) district may make a contract with another district to transport the other district's pupils to a vocational school on the same bus with the transporting district's pupils or on a separate bus.

(2) If one (1) district contracts to provide a bus or buses to transport another district's pupils to a vocational school, the district providing the bus or buses shall claim additional reimbursement only for the extra bus miles required and the extra hours of bus driver time required to provide this service for the other district.

Section 13. A district shall make maximum use of the bus that transports pupils to a vocational school through planning and routing. The use of more than one (1) bus for transporting pupils from any school or group of schools to a vocational school shall be approved only if the length of time required for one (1) bus to pick up and transport the pupils would be impractical or the number of pupils on one (1) bus would exceed seating capacity.

Section 14. A district shall not be reimbursed for:

(1) The transportation of vocational school pupils on field trips, excursions, competitions, or recreational trips; or

(2) The vocational transportation from the parent school to the vocational school if the vocational school is on the same grounds or on adjacent grounds to the parent school or within one-half (1/2) mile of the parent school.

Section 15. Incorporation by Reference.

(1) "Form VT-2, District's Annual Claim to Receive Reimbursement for Pupil Transportation Vocational Schools", November 2010, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of District Support Services, Department of Education, 15th Floor, Capitol Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 157.370
STATUTORY AUTHORITY: KRS 156.070, 157.370(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 157.370(8) requires a local board of education to be reimbursed separately for the cost of transporting pupils from a parent school to a vocational-technical school or to a vocational education center, and requires the Board of Education to promulgate an administrative regulation establishing the reimbursement amount. This administrative regulation establishes the reimbursement requirements and limitations for those districts that transport secondary school pupils.
History: SBE 76.200(3); 1 Ky.R. 1054; eff. 6-11-1975; 9 Ky.R. 1311; eff. 7-6-1983; 12 Ky.R. 1859; eff. 7-2-1986; 17 Ky.R. 439; 1355; eff. 10-14-1990; 31 Ky.R. 1583; 1813; eff. 5-26-2005; 37 Ky.R. 135; 1430; eff. 1-3-2011; Crt eff. 6-28-2019; Crt eff. 4-9-2026.

Section 1.

(1) The chief state school officer shall determine the number of:

(a) Pupils residing in each school district of the state who are resident pupils at the Kentucky School for the Blind in Louisville, Kentucky or the Kentucky School for the Deaf in Danville, Kentucky; and

(b) Miles the county seat of the district in which the pupil resides is from Louisville or Danville.

(2) He shall then determine the aggregate number of pupil miles which would result in each child enrolled in either the School for the Blind at Louisville, or the School for the Deaf in Danville, making weekly trips home each year.

(3) The aggregate number of pupil miles determined will be divided into the total appropriation made for this program in order to establish a tentative value per pupil mile.

Section 2. On or before October 15 of each year, the chief state school officer shall provide each school district with a "tentative allotment report" which contains the number of resident children in each program in each school district and the tentative allotment to that school district for the weekly transportation of resident children.

Section 3.

(1) On or before May 31 of each year each school district shall certify to the chief state school officer the number of:

(a) Children; and

(b) Trips each child was provided home, not to exceed one (1) round trip each week the child was enrolled in either of the schools.

(2) Distances used to generate pupil miles shall not exceed the distance provided in the tentative allocation which is the distance from the cities of Louisville or Danville to the county seat of the district in which the pupil is a resident.

Section 4.

(1) On or before May 31 of each year, the superintendent of a local school district qualifying for reimbursement for transportation by reason of this administrative regulation shall certify to the chief state school officer the aggregate pupil miles for resident pupils for which reimbursement is sought.

(2) Based upon the certification of the local school district, the chief state school officer shall, on or before June 30 of each year, determine the final value of the pupil mile.

(3) The final value of the pupil mile shall be determined by dividing the aggregate pupil miles certified into the appropriation contained in the executive budget.

(4) The chief state school officer shall calculate a final allotment for each school district having children enrolled in the Kentucky School for the Blind and the Kentucky School for the Deaf as resident pupils.

Section 5.

(1) The chief state school officer shall determine the number of pupils enrolled in each school district as day school pupils that are provided daily transportation to the Kentucky School for the Blind in Louisville and the Kentucky School for the Deaf in Danville.

(2) He shall determine the number of miles by the most direct route from the child's residence to the school that they attend in either Danville or Louisville.

(3) He shall then determine the aggregate number of pupil miles from each pupil's home to school and back home again, making a maximum of 175 trips per year.

Section 6.

(1) On or before May 31 of each year, the superintendent of a local school district qualifying for reimbursement for transportation by reason of Section 5 of this administrative regulation shall certify to the chief state school officer the aggregate pupil miles for which reimbursement is sought.

(2) The chief state school officer, based upon the certification of the local school district, shall calculate a final allotment for reimbursement purposes for each school district having children enrolled as day school pupils in the Kentucky School for the Blind and the Kentucky School for the Deaf.

(3) The reimbursement rate to be paid from the Transportation Fund of the Fund to Support Education Excellence in Kentucky shall be the same rate per pupil mile as calculated in Section 4 of this administrative regulation for resident pupils.

History

RELATES TO: KRS 156.031, 157.280
STATUTORY AUTHORITY: KRS 156.070, 157.220
NECESSITY, FUNCTION, AND CONFORMITY: KRS 157.280 requires each local school district to provide for weekly transportation for its resident pupils at the Kentucky Schools for the Blind and Deaf except those whose residence is more than 200 miles one way from either school shall not be required to go home more than twice each month. Transportation shall be provided in a manner approved by the State Board for Elementary and Secondary Education. KRS 157.280 also mandates reimbursement of local districts, at the same rate per trip as for resident pupils, but from the Transportation Fund of the Fund to Support Education Excellence in Kentucky, for transportation, as approved by the State Board, which may be provided to and from such schools for day pupils. This administrative regulation establishes the rate of reimbursement for providing home-to-school transportation for such pupils enrolled at the Kentucky School for the Blind and the Kentucky School for the Deaf.
History: 702 KAR 005:120. 3 Ky.R. 463; eff. 1-5-1977; 9 Ky.R. 733; eff. 1-6-1983; 17 Ky.R. 441; eff. 10-14-1990; 19 Ky.R. 513; 904; eff. 10-1-1992; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

702 KAR 5:130 Non-school bus passenger vehicles {#sec-702-kar-5-130 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:130}

Section 1. Definitions.

(1) "Non-school bus passenger vehicle" or "vehicle" means a vehicle owned, leased, or contracted by a school districtthat is designed and built by the manufacturer for passenger transportation of ten (10) or fewer passengers, including the driver, and used for transporting students to and from school along regular bus routes and approved school activities.

(2) "Motor vehicle" is defined by KRS 281A.010(24).

(3) "Serious traffic violation" means a conviction when operating a motor vehicle of:

(a) Excessive speeding, involving a single charge of any speed fifteen (15) miles per hour or more, above the specified speed limit;

(b) Reckless driving including conviction of driving a motor vehicle in willful or wanton disregard for the safety of persons or property;

(d) Following the motor vehicle ahead too closely.

Section 2. Vehicle Requirements.

(1) A vehicle shall not be used to carry more students than the manufacturer's designed passenger capacity for that particular vehicle.

(2) A vehicle shall have occupant restraint systems equal in number to the manufacturer's designed passenger capacity and installed in accordance with the manufacturer's specifications.

(3) A vehicle shall display a sign in clear view in the rear of the vehicle stating:

(a) "This vehicle is being used to transport school children"; and

(b) "This vehicle stops at railroad crossings".

(4) A district shall remove all district identification lettering from a non-school bus passenger vehicle before transferring title to another party other than a Kentucky school district. A contract issued by the local board for a non-school bus passenger vehicle shall contain a clause requiring the contractor to remove all district identification lettering when the vehicle is no longer under contract to the local board of education.

(5) The vehicle shall be equipped with:

(a) A fire extinguisher with a rating of A, B, and C;

(b) A first aid kit;

(d) A body fluid clean up kit.

Section 3. Route Safety Standards and Pick-up and Drop-off Protocols.

(1) Subsections (2) and (3) of this section shall apply to drivers transporting students to and from school along a regular bus route using a non-school bus passenger vehicle.

(2) The driver shall stop in a location that does not obstruct traffic while picking up or dropping off any student.

(3) Pursuant to KRS 156.153(3)(d)2, the driver shall not deposit a student at a location that would require the student to cross a road or intersection to reach the student's destination.

(4) The driver shall not use a personal communication device while operating a vehicle with students on board except during an emergency.

Section 4. Driver Qualifications.

(1) Pursuant to KRS 156.153 and KRS 189.540, a driver shall have a current valid Class D operator's license.

(2) An individual shall be disqualified from transporting any student in a non-passenger vehicle for a period of sixty (60) days if convicted of two (2) serious traffic violations or one hundred twenty (120) days consecutively if convicted of three (3) serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three (3) year period.

(3) An individual shall be disqualified from transporting any student in a non-passenger vehicle for a period of one (1) year for refusing to submit to drug testing required by KRS 160.380 and this administrative regulation.

(4) An individual shall be disqualified from transporting any student in a non-passenger vehicle for five (5) years if convicted of:

(a) Driving or being in physical control of a motor vehicle under the influence of alcohol or a controlled substance; or

(b) A violation of any state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident.

(5) An individual shall not operate a non-school bus passenger vehicle if convicted within the past five (5) years of driving under the influence (DUI) or driving while intoxicated (DWI).

(6) An individual shall not drive a non-school bus passenger vehicle while having any measurable or detectable amount of alcohol or other controlled substances in their system.

(7) A driver taking medication either by prescription or without prescription shall not drive if that medication affects the driver's ability to safely drive the vehicle or perform other driver responsibilities.

(8) A local board of education shall require a medical examination at least once every twenty-four (24) months of each driver transporting students to and from school along a regular bus route. The medical examination shall be reported on the form Medical Examination of School Employees, KDESHS001, incorporated by reference in 702 KAR 1:160, Section 6(1)(a), or an electronic medical record that includes all of the data equivalent to that on the Medical Examination of School Employees form.

Section 5. Driver Drug Testing Requirements.

(1) Pursuant to KRS 156.153(3)(d)3 and KRS 160.380, all drivers transporting any student in a non-school bus passenger vehicle shall submit to drug testing consistent, to the greatest extent practicable, with the requirements of 49 C.F.R. pt. 40.

(2) A driver shall be subject to the following:

(a) Controlled substance testing prior to initially transporting students;

(b) Post-accident testing for controlled substances and alcohol;

(d) Reasonable suspicion testing for controlled substances and alcohol.

(3) A driver having a confirmed positive test for a controlled substance shall not be permitted to transport any student in a non-school bus passenger vehicle for five (5) years from the date of the positive test. A driver subject to this subsection shall undergo controlled substance testing prior to operating a non-school bus passenger vehicle again and shall undergo a minimum of six (6) unannounced follow-up tests in the first twelve (12) months.

(4) A driver who tests at 0.02 percent or higher on the confirmation alcohol test immediately before, during, or immediately following operating a non-school bus passenger vehicle shall be relieved of these duties immediately and shall not be eligible to operate a non-school bus passenger vehicle for five (5) years. A driver subject to this subsection shall undergo controlled substance and alcohol use testing prior to operating a non-school bus passenger vehicle again and shall undergo a minimum of six (6) unannounced follow-up tests in the first twelve (12) months.

(5) A district may adopt a policy establishing the frequency of random drug testing for all drivers of non-school bus passenger vehicles. The drug testing requirements a district sets for drivers transporting students along regular bus routes shall meet or exceed the drug testing requirements a district sets for drivers transporting students to and from approved school activities.

Section 6. Driver Training.

(1) A driver shall successfully complete an initial three (3) hour training curriculum developed by the Kentucky Department of Education and delivered by a school bus driver trainer certified in accordance with 702 KAR 5:080, Section 4(2).

(2) A school district shall provide to each driver a copy of the local board's transportation services policy and code of acceptable behavior and discipline annually and upon revision.

(3) A driver shall successfully complete basic first aid and cardiopulmonary resuscitation training in accordance with 702 KAR 5:080, Section 5.

(4) A district shall not permit an individual to transport students until the individual has successfully completed the training in this section.

Section 7. Driver Insurance.

(1) A local board of education shall obtain indemnity or liability insurance against negligence with a coverage limit of at least 1,500,000 dollars per occurrence for all non-school bus passenger vehicles owned or leased by the district.

(2) For vehicles contracted by the district, the local board shall require the contractor to carry indemnity or liability insurance against negligence with a coverage limit of at least 1,500,000 dollars per occurrence.

Section 8. Driver Vehicle Inspections.

(1) The driver shall conduct and document a pre-trip inspection using the Non-school Bus Passenger Vehicle Pre-trip Inspection form prior to each time the vehicle is used to transport any student. If the driver determines that the vehicle is not safe to drive, the vehicle shall not be used to transport students until it is inspected and approved by a Kentucky Department of Education approved school bus or vehicle inspector, or a certified Automotive Service Excellence master technician.

(2) The safety inspection required by KRS 156.153(3)(b) shall be performed by a Kentucky Department of Education approved school bus or vehicle inspector, or a certified Automotive Service Excellence master technician. The Preventative Maintenance Inspection Report For Non-school Bus Passenger Vehicle form shall be used to perform the safety inspection. If the vehicle is found to be in an unsafe operating condition, it shall not be used to transport students until necessary repairs are made.

Section 9. Driver Emergency Transportation.

(1) If a school district transports a student due to an emergency as determined by the superintendent or his or her designee, Section 2(5) and Section 8(1) of this administrative regulation shall not apply.

(2) The school district shall attempt to obtain verbal consent of a parent or guardian prior to emergency transportation.

Section 10. The transportation of a student pursuant to an agreement between a school district and a parent to reimburse the parent for arranging transportation of his or her own child to and from school or approved school activities shall not be subject to any requirement imposed pursuant to this administrative regulation.

Section 11. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Non-school Bus Passenger Vehicle Pre-trip Inspection", April 2025; and

(b) "Preventative Maintenance Inspection Report For Non-school Bus Passenger Vehicle", April 2025.

(2) This material may be inspected copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Education, 300 Sower Blvd., Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material may also be viewed at: https://www.education.ky.gov/districts/legal/Pages/Kentucky-Revised-Statutes.aspx.

History

RELATES TO: KRS 156.153(3), 156.160, 156.990, 158.110, 158.148, 160.310, 160.380, 189.540, 189.550, 281A.010(24), 49 C.F.R. pt. 40
STATUTORY AUTHORITY: KRS 156.070, 156.153, 156.160, 189.540
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 authorizes the Kentucky Board of Education to have the management and control of the common schools and all programs operated in those schools. KRS 156.160 requires the Kentucky Board of Education to promulgate administrative regulations relating to the transportation of children to and from school and those deemed necessary or advisable for the protection of the physical welfare and safety of public school children. KRS 189.540 requires the Kentucky Board of Education to promulgate an administrative regulation to govern the operation of passenger vehicles owned, leased, or privately contracted by the district that transport students under KRS 156.153(3). KRS 156.153(3)(d) requires the Kentucky Board of Education to promulgate administrative regulations establishing the minimum standards and specifications for non-school bus passenger vehicles; minimum route safety standards and pick-up and drop-off protocols for transporting students to and from school along a regular bus route using non-school bus passenger vehicles; and minimum qualifications, training, and drug testing requirements for an individual to be authorized to transport any student using a non-school bus passenger vehicle. This administrative regulation establishes the requirements relative to the transportation of students by local school districts in non-school bus passenger vehicles.
History: 702 KAR 005:130. 11 Ky.R. 1551; 1781; eff. 6-4-1985; 17 Ky.R. 442; eff. 10-14-1990; 23 Ky.R. 1431; 2471; eff. 12-5-1996; 29 Ky.R. 1346; 1791; eff. 1-16-2003; Crt eff. 11-16-2018; Crt to Am; Am filed 6-11-2025; 52 Ky.R. 96, 758, 32; eff. 7-6-2026.

702 KAR 5:150 Transportation of preschool children {#sec-702-kar-5-150 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:150}

Section 1.

(1) A local board of education shall require each school bus transporting three (3) and four (4) year old children to be staffed with a minimum of one (1) driver assistant who is qualified and trained to assist in the transportation of three (3) and four (4) year old children by a certified local board of education school bus driver training instructor. If the driver assistant is not a volunteer and is to receive pay or other remuneration for serving as a driver assistant or school bus monitor, the employed driver assistant shall be at least sixteen (16) years of age.

(2) The driver training instructor shall qualify the driver assistant with training in student entrance of bus, student exiting from bus, safety rules of transportation, first aid as it pertains to emergency and immediate care, emergency evacuation, and student management as it relates to seated positions and seat occupancy.

(3) The Division of Pupil Transportation of the Department of Education shall provide the curriculum for driver assistant training.

(4) The number of assistants required for any one (1) school bus shall be recommended to the superintendent by the driver training instructor or the transportation director.

(5) Liability insurance shall be provided for the driver assistant as a named insured.

Section 2. It shall be the responsibility of the parent, guardian, or person authorized by the parent of a preschool child to provide safe supervision to and from the bus stop and delivery to and receipt from the driver assistant.

Section 3.

(1) A driver assistant shall be responsible to deliver and receive the child safely to and from the parent, guardian or person authorized by the parent in writing. Three (3) and four (4) year old children who cross a roadway shall be escorted by the driver assistant.

(2) A three (3) or four (4) year old child shall not be left unattended at the time of delivery.

(3) If the parent, guardian or a person authorized by the parent to accept the child is not present upon delivery, the child shall be taken to a prearranged location.

History

RELATES TO: KRS 156.160, 157.226, 157.3175, 189.540
STATUTORY AUTHORITY: KRS 156.160, 189.540
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.150 requires the Kentucky Board of Education (KBE) to promulgate administrative regulations regarding the transportation of children to and from school. KRS 189.540 requires the KBE to promulgate administrative regulations to govern the design and operation of Kentucky school buses. This administrative regulation provides school districts with guidelines necessary to provide transportation for preschool children.
History: 702 KAR 005:150. 17 Ky.R. 693; eff. 12-7-1990; 18 Ky.R. 481; eff. 10-6-1991; 20 Ky.R. 2361; eff. 3-23-1994; 23 Ky.R. 2268; 2821; eff. 2-6-1997; 29 Ky.R. 1348; 1792; eff. 1-16-2003; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

Chapter 6 Food Service Programs

702 KAR 6:010 Local responsibilities {#sec-702-kar-6-010 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:010}

Section 1. The operation of all school nutrition programs in the public, private, parochial and state schools shall be the responsibility of the local board of education or the governing body of the schools.

Section 2. Each local board of education or the governing body of a school shall establish written requirements regarding the employment, dismissal, promotion, work assignments, emergency leave, sick leave, vacation leave, retirement, insurance, workmen's compensation and salary schedules providing at least minimum wage in accordance with minimum wage laws.

Section 3. Each local governing body shall establish written requirements regarding purchasing food and equipment, cost of meals, storage and sanitation, and financial accounting and safeguarding of funds.

History

RELATES TO: KRS 156.010, 156.031, 156.035, 42 U.S.C. 1751-1769b, 42 U.S.C. 1771-1789
STATUTORY AUTHORITY: KRS 156.031, 156.035, 156.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.010(5) requires the Department of Education to develop and approve state plans required by federal law as a prerequisite to receiving federal funds for elementary and secondary education. 42 U.S.C. 1751 to 1769b and 42 U.S.C. 1771 to 1789 establish the requirements for the federal school lunch and child nutrition programs. This administrative regulation establishes the responsibilities of school districts and school governing bodies relating to school lunch and child nutrition programs.
History: 1 Ky.R. 42; eff. 10-2-1974; Recodified from 703 KAR 1:010, 10-5-1984; Am. 16 Ky.R. 1252; eff. 2-3-1990; 17 Ky.R. 2040; eff. 2-7-1991; 35 Ky.R. 2051; 36 Ky.R.1209; eff. 1-4-2010; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 6:020 District school nutrition director {#sec-702-kar-6-020 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:020}

Section 1. A district school nutrition director shall work with central office personnel, principals, school based decision making councils, cafeteria managers, and staff to plan, develop, administer, and supervise the school nutrition program on a district-wide basis.

Section 2. A person appointed as a school food service director or a person otherwise responsible for menu planning shall obtain the credentials required by KRS 158.852(2) from the School Nutrition Association (SNA), which was formerly the American School Food Service Association.

History

RELATES TO: KRS 156.031, 158.852, 160.290, 160.380, 161.020
STATUTORY AUTHORITY: KRS 156.035, 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.010(5) requires the Department of Education to develop and approve state plans required by federal law as a prerequisite to receiving federal funds for elementary and secondary education. KRS 158.852 requires districts to appoint a school food service director and establishes requirements for the district school food service directors. This administrative regulation establishes requirements for district school nutrition directors.
History: 1 Ky.R. 42; 695; eff. 3-12-1975; Recodified from 703 KAR 1:020, 10-5-1984; 17 Ky.R. 2040; eff. 2-7-1991; 35 Ky.R. 2151; 36 Ky.R. 1209; eff. 1-4-2010; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 6:040 Personnel; policies and procedures {#sec-702-kar-6-040 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:040}

Section 1. Each school district shall employ school nutrition personnel in a procedure consistent with KRS 160.380.

Section 2. Each school district, through its superintendent, shall notify in writing each full-time school nutrition employee of the hours, terms and conditions of employment, lines of authority, and general responsibilities. Each district shall include an appropriate service termination policy for both the district and employee.

Section 3. Each school district shall establish and adopt a uniform pay scale for all full-time school nutrition employees.

Section 4. Each school district shall provide workers' compensation and fulfill minimum hourly wage rates for school nutrition personnel.

Section 5. The superintendent shall cause school nutrition personnel to avail themselves of training programs offered.

Section 6. Social Security participation for school nutrition personnel shall be in keeping with Social Security policies for other nonprofessional personnel.

History

RELATES TO: KRS 156.010, 156.035, 42 U.S.C. 1751-1769b, 42 U.S.C. 1771-1789
STATUTORY AUTHORITY: KRS 156.010, 156.035, 156.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.010(5) requires the Department of Education to develop and approve state plans required by federal law as a prerequisite to receiving federal funds for elementary and secondary education. 42 U.S.C. 1751 to 1769b and 42 U.S.C. 1771 to 1789 establish the requirements for the federal school lunch and child nutrition programs. This administrative regulation establishes the requirements for local school nutrition personnel employed by school districts.
History: 1 Ky.R. 43; 696; eff. 3-12-1975; Recodified from 703 KAR 1:040, 10-5-1984; 16 Ky.R. 1253; eff. 2-3-1990; 17 Ky.R. 2042; eff. 2-7-1991; 35 Ky.R. 2152; 36 Ky.R. 1210; eff. 1-4-2010; Crt eff. 11-16-2018; 46 Ky.R. 2825; 47 Ky.R. 316; eff. 11-4-2020.

702 KAR 6:050 Lunch and breakfast requirements {#sec-702-kar-6-050 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:050}

Section 1. Schools that participate in the national school lunch and breakfast programs shall serve a complete breakfast, hot or cold, as defined by 7 CFR 220.8, and the noon meal shall be a complete lunch, hot or cold, as defined by 7 CFR 210.10, and serving shall be of such size as to provide at least one-third (1/3) to one-half (1/2) of the daily nutritive requirements of the school age child being served.

Section 2. Lunches shall be made available to all children attending each school and shall be served without cost or at a reduced cost to all school children who are predetermined by school authorities to be unable to pay the full cost of the meal. Schools serving breakfast shall apply the above cost rule to all children attending the school.

Section 3. No physical segregation or other discrimination against any child shall be made by school officials because of his inability to pay the full cost of a meal.

History

RELATES TO: KRS 156.031, 160.380, 161.140, 7 C.F.R. 210.10, 220.8, 42 U.S.C. sec. 1751-1769b, sec. 1771-1789
STATUTORY AUTHORITY: KRS 156.035, 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is needed to carry out the Congressional intent of the National School Lunch Act of 1946, the Child Nutrition Act of 1966 and all amendments thereto, and is needed to require schools to serve a complete breakfast and lunch without discrimination.
History: 1 Ky.R. 43; eff. 10-2-1974; Recodified from 703 KAR 1:050, 10-5-1984; 17 Ky.R. 2044; eff. 2-7-1991; Crt. eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 6:060 Time minimum for meals {#sec-702-kar-6-060 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:060}

Section 1. The school lunch period, if a part of a closed schedule, shall allow adequate time for each child to take care of his personal hygiene and enjoy a complete meal in an educational setting and the school breakfast period shall be a part of the school day that also allows adequate time for each child to enjoy a complete breakfast.

History

RELATES TO: KRS 156.031, 156.160
STATUTORY AUTHORITY: KRS 156.035, 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is needed to carry out the Congressional intent of the National School Lunch Act of 1946, the Child Nutrition Act of 1966 and all amendments thereto, and is needed to allow sufficient time for school children to eat. Reconsideration and refiling of this administrative regulation is required pursuant to KRS 156.031.
History: 1 Ky.R. 43; 696; eff. 3-12-1975; Recodified from 703 KAR 1:060, 10-5-1984; 17 Ky.R. 2045; eff. 2-7-1991; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

702 KAR 6:090 Minimum nutritional standards for foods and beverages available on public school campuses during the school day; required nutrition and physical activity reports {#sec-702-kar-6-090 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:090}

Section 1. Beverages. During the period of time beginning thirty (30) minutes after the last lunch period until the end of the last instructional period, a beverage offered for sale through a vending machine, school store, canteen, or fundraiser on school property shall meet the requirements established in 7 C.F.R. 210.11.

Section 2. Food. During the period beginning thirty (30) minutes after the last lunch period until the end of the last instructional period, a food item offered for sale through a vending machine, school store, canteen, or fundraiser on school property shall meet the requirements established in 7 C.F.R. 210.11.

Section 3. A la carte Items. A food or beverage item offered for sale as an a la carte item on the cafeteria line during the serving of breakfast or lunch shall meet the requirements established in 7 C.F.R. 210.11.

Section 4. Local District Nutrition Program Report.

(1) A school nutrition director of the local district shall complete the assessment of the nutrition program required under KRS 158.856 and issue a report at least sixty (60) days prior to the public forum required by KRS 158.856(5).

(2) The director may issue the report via posting to the district Web site.

(3) A local district superintendent shall submit a summary of the findings and recommendations of the nutrition report as required by KRS 158.856(6) to the Kentucky Department of Education by May 1 of each year.

Section 5. Student Physical Activity.

(1) A local district superintendent shall evaluate the student physical activity environment, including the amount of time and types of physical activity provided in the elementary schools, as required in KRS 160.345(11), and release the report at least sixty (60) days prior to the public forum required by KRS 158.856(5).

(2) A local district superintendent shall submit the report on physical activity, including a summary of findings and recommendations to the Department of Education by May 1 of each year.

(3) The superintendent may release the report via posting to the district Web site.

History

RELATES TO: KRS 156.035, 156.160, 156.200, 158.854(1), 158.856, 160.345, 7 C.F.R. 210.11
STATUTORY AUTHORITY: KRS 156.160, 158.854(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.854(1) requires the Kentucky Board of Education to promulgate an administrative regulation to specify the minimum nutritional standards for all foods and beverages that are sold outside the National School Breakfast and National School Lunch programs, whether in vending machines, school stores, canteens, or a la carte cafeteria sales. This administrative regulation establishes the minimum nutritional standards for food and beverages available on the school campus during the school day.
History: 16 Ky.R. 2290; 2673; eff. 6-10-1990; 17 Ky.R. 2046; eff. 3-13-1991; 32 Ky.R. 905; 1244; eff. 2-3-2006; 35 Ky.R. 2157; 36 Ky.R. 1211; eff. 1-4-2010; 43 Ky.R. 1671; eff. 6-2-2017; Cert eff 4-15-2024.

702 KAR 6:110 Claim reimbursement for school and community nutrition programs {#sec-702-kar-6-110 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:110}

Section 1. Definitions.

(1) "Online Reporting System" means the Web-based computer application used for claims processing.

(2) "Program Operator" means an entity approved to participate in a nutrition program that is administered by the Division of School and Community Nutrition (SCN).

Section 2. Submission of Monthly Claims. To be entitled to reimbursement, each participating program operator shall submit a monthly Claim for Reimbursement to SCN. The Claim for Reimbursement shall be submitted in the online reporting system or by U.S. mail.

Section 3. Submission Timeframes.

(1) A final Claim for Reimbursement shall be postmarked or submitted through the online reporting system to SCN no later than 11:59 p.m. Eastern time on the 15th of the month following the month covered by the claim to be considered a timely filing.

(2) Corrected claims shall be postmarked or submitted through the online reporting system to SCN no later than 11:59 p.m. Eastern time on the 30th of the month following the month covered by the claim to be considered a timelyfiling.

(3) A request for a waiver from the deadline established in subsection (1) or (2) of this section may be submitted in writing to the SCN division director with the reason for the late claim filing clearly specified.

(4) Claims submitted after the deadline established in subsection (1) or (2) of this section shall be accompanied by a completed claim for reimbursement corrective action plan.

Section 4. Claim Verification. The claim shall be signed by an authorized official of the program operatorif submitted by U.S. Mail.]

History

RELATES TO: KRS 156.070(5), 7 C.F.R. 210.8, 220.11, 225.9, 226.10, 42 U.S.C. 1751, 1761, 1766, 1773
STATUTORY AUTHORITY: KRS 156.070(5), 7 C.F.R. 210.8(b)(1), 220.11(b), 225.9(d)(6), 226.10(e)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(5) requires the Kentucky Board of Education to promulgate administrative regulations governing the operation of programs within the Department of Education. 7 C.F.R. 210.8(b)(1), 220.11(b), 225.9(d)(6), and 226.10(e) provides the Department of Education with the authority to establish deadlines for claim reimbursement for federal nutrition programs. This administrative regulation establishes the claims deadlines for these programs.
History: 702 KAR 006:110. 38 Ky.R. 172; 594; eff. 10-7-2011; Crt eff. 6-28-2019; Crt to Am. 4-14-2026; Am filed 4-13-2026; 52 Ky.R. 1919, 213; eff. 9-1-2026.

Chapter 7 School Terms, Attendance and Operation

702 KAR 7:065 Designation of agent to manage middle and high school interscholastic athletics {#sec-702-kar-7-065 omnilex-key=us-ky-regs-official--title-702--702 KAR 7:065}

Section 1. Definitions.

(1) "Contact Drill" means that drills are run at Level 3, Level 4, or Level 5.

(2) "KBE" means Kentucky Board of Education.

(3) "KHSAA" means Kentucky High School Athletics Association.

(4) "Level 0" or "air" means that players run a drill unopposed without contact.

(5) "Level 1" or "bags" means that a drill is run with a bag or against another soft contact surface.

(6) "Level 2" or "control" means that:

(a) A drill is run at an assigned speed until the moment of contact;

(b) One (1) player is predetermined the winner by the coach;

(d) Players stay on their feet.

(7) "Level 3" or "Control to Ground" means that:

(a) A drill is run at an assigned non-competitive speed or with players pre-engaged;

(b) There is a pre-determined winner; and

(8) "Level 4" or "thud" means that:

(a) A drill is run at a competitive speed through the moment of contact;

(b) There is no predetermined winner;

(d) Players stay on their feet; and

(e) A quick whistle ends the drill.

(9) "Level 5" or "live" means that a drill is run at a competitive speed in game-like conditions.

(10) "Non-Contact Drill" means that drills are run at Level 0, Level 1, or Level 2.

(11) "OCR" means the United States Department of Education, Office for Civil Rights.

Section 2. The KHSAA shall be the Kentucky Board of Education's agent to manage interscholastic athletics at the middle and high school level in the common schools and private schools desiring to associate with KHSAA or to compete with a common school.

Section 3. To remain eligible to maintain the designation as the agent to manage interscholastic high school athletics, the KHSAA shall:

(1) Accept four (4) at-large members appointed by the Kentucky Board of Education to its high school Board of Control;

(2) Sponsor an annual meeting of its member high schools;

(3) Provide for each member high school to have a vote on the KHSAA Constitution and bylaw changes submitted for consideration;

(4) Provide for high school regional postseason tournament net revenues to be distributed to the member high schools in that region participating in that sport, utilizing a share approach determined by the high schools within that region playing that sport;

(5) Provide for students desiring to participate at the high school level (regardless of the level of play) to be enrolled in at least grade 7;

(6) Require its governing body to annually establish goals and objectives for its commissioner and perform a self-assessment and submit the results annually to the KBE by December 31;

(7) Advise the Department of Education of all legal action brought against the KHSAA;

(8) Permit a board of control member to serve a maximum of two (2) consecutive four (4) year terms with no region represented for more than eight (8) consecutive years;

(9) Employ a commissioner and evaluate that person's performance annually by October 31, and establish all staff positions upon recommendation of the commissioner;

(10) Permit the commissioner to employ other personnel necessary to perform the staff responsibilities;

(11) Permit the Board of Control to assess fines on a member high school;

(12) Utilize a trained independent hearing officer instead of an eligibility committee for a high school athletic eligibility appeal;

(13) Establish a philosophical statement of principles to use as a guide in a high school eligibility case;

(14) Conduct continual cycles of field audits of the association's entire high school membership, which provides that each high school is audited regarding each school's compliance with 20 U.S.C. Section 1681 (Title IX) and submit annual summary reports, including the highlighting of any potential deficiencies in OCR compliance to the Kentucky Board of Education;

(15) As a condition precedent to high school membership, require each member high school and superintendent to annually submit a written certification of compliance with 20 U.S.C. Section 1681 (Title IX);

(16) Conduct all meetings related to high school athletics in accordance with KRS 61.805 through 61.850;

(17) Provide written reports of any investigations into possible violations of statute, administrative regulation, KHSAA Constitution, KHSAA Bylaws, or other rules governing the conduct of high school interscholastic athletics conducted by KHSAA or their designees to the superintendent and principal of the involved school district and school before being made public;

(18) Not punish or sanction, in any manner, a school, student, coach, or administrator for allowing a student to play in an athletic contest or practice with the team during a time when an order of a court of competent jurisdiction permits the student to participate or otherwise stays or enjoins enforcement of a KHSAA final decision on eligibility;

(19) Require any student enrolled initially in grade 7-12 who is repeating a grade for any reason, to be ineligible, during the school year that the grade is repeated, to compete in an interscholastic athletics competition at any level; and

(20) Produce a public report or reports of member schools' compliance with submitting the required member school application and the required training aspects of KRS 158.162 and KRS 160.445 regarding emergency and cardiac action plans related to interscholastic athletics.

Section 4. To remain eligible to maintain the designation as the agent to manage interscholastic athletics at the middle school level, the KHSAA shall implement the following requirements for all participants in middle school interscholastic athletics, distribute these requirements to all middle schools, and publish on the KHSAA Web site:

(1) Require that these provisions apply to all middle school interscholastic athletics. The following indicates that a team is representative of a school and classified as middle school athletics:

(a) The contest, event, or tournament is sponsored by a school or combined group of schools;

(b) Competitors wear a school-issued uniform;

(c) The contest, event, or tournament is sponsored by an outside entity as a school entry event, which is advertised or promoted as a school event, whether or not an entry fee is required;

(d) A school entity pays an entry fee, for the student or team, including payment by booster organizations;

(e) A school representative accompanies the student-athlete or transports the student-athlete to the contest, event, or tournament;

(f) A designated or hired member of a school coaching staff, whether paid or unpaid, is present and offering instruction, advice, evaluation, or refinement of skills or exercising other duties defined as coaching within the sport rules;

(g) Transportation to or from the contest, event, or tournament utilizes school provided or approved transportation;

(h) Competitors in the contest, event, or tournament wear apparel identifying them by the name of the school, including the formal name, informal name, or team nickname;

(i) Competitors in the contest, event, or tournament are provided promotional or other resources by the school including school media recognition, signage, and items indicative of school representation;

(j) Competition in a contest, event, or tournament has, in any form, jurisdiction of the local school board or school-based decision-making body, including financial or other approval control; or

(k) Competition in a contest, event, or tournament is covered by any school or school system provided or procured insurance policy;

(2) Require that any head or assistant coach, whether paid or unpaid, desiring to coach interscholastic athletics at the middle school level:

(a) Meet the requirements of KRS 156.070(2)(h)2.;

(b) Meet the requirements of KRS 160.380(5) and (6); and

(c) Provide to the school documentation of successful completion of a C.P.R. course including the use of an automatic external defibrillator and the first aid training, conducted by an instructor or program approved by a college or university, the American Red Cross, the American Heart Association, or other bona fide accrediting agency that is approved by the KHSAA based upon industry standards. The certification shall be updated as required by the approving agency;

(3) Require adherence to the following items regarding safety, sports medicine, and risk minimization for all interscholastic athletics at the middle school level:

(a) Each student, before trying for a place on a middle school athletic team, shall provide an annual medical examination, in accordance with KRS 156.070(2)(e), and shall use the KHSAA form MS-01;

(b) All participants at the middle school level shall adhere to all sports medicine and risk minimization policies in use at the high school level that may be supplemented by the school, school district, conference, or association including:

Heat index and heat illness programs;
Wrestling weight management programs;
Concussion and other head injury policies including policies for minimizing impact exposure and concussion risks;
The following football equipment drill work and practice activity limitations:

a. Football contact and non-contact practice shall use the appropriate clothing and equipment for the level of drill, including:

(i) A drill conducted in helmets-only shall be a Level 0, or Level 1;

(ii) A drill conducted in shells (shorts, shoulder pads, and helmets) shall be a non-contact drill; and

(iii) A contact drill shall be conducted in full equipment;

b. Middle school football shall practice a minimum of eleven (11) days before engaging another group or opponent in full contact, using the following minimum schedule:

(i) Five (5) days in helmets;

(ii) Followed by three (3) days in helmets and shoulder pads; and

(iii) Concluding with three (3) days in full equipment practice; and

c. Contact drills shall not be conducted more than twenty-one (21) days before the first regular-season contest;

d. The first regular season interscholastic contest shall not be played before the Saturday preceding week seven (7) of the National Federation of High Schools Standardized Procedure for Numbering Calendar Weeks; and

e. All middle schools shall maintain protective helmets in accordance with manufacturer's warranty guidelines for recertification;

The following baseball pitching limitations shall apply to all interscholastic play at the middle school level including scrimmages, regular season, and post season games:

a. The pitch count shall be based on pitches thrown for strikes (including foul balls), balls, balls in play, and outs;

b. Warm-up pitches allowed before each inning, warm-up pitches allowed by the umpire in case of injury or game delay, and plays attempted against the batter-runner or any runner at first, second, or third base shall not count against this limit;

c. A pitcher at any level who reaches the pitch count limit in the middle of an at-bat shall be allowed to finish that hitter;

d. The required calendar rest shall begin on the day following the date on which the game began, or a resumed game began regardless of the conclusion time of the game; and

e. The rest periods shall be based on the following total pitches:

(i) Maximum pitches - eighty-five (85);

(ii) Fifty-six (56) pitches or more - three (3) calendar days rest;

(iii) Thirty-six (36) to fifty-five (55) pitches - two (2) calendar days rest;

(iv) Twenty (20) to thirty-five (35) pitches - one (1) calendar day rest; and

(v) One (1) to nineteen (19) pitches - no mandated rest;

Students seeking to play or practice, including scrimmages, regular season, and post season games, in the sport of fastpitch softball, shall be required to wear face protection, commercially manufactured for softball facial protection and worn as intended by the manufacturer, when playing the positions of first base, third base, and pitcher; and
Teams participating in middle school athletics as defined by subsection (1) of this section shall use KHSAA licensed officials in the sports of baseball, basketball, field hockey, football, soccer, softball, and volleyball;

(4) Create a permanent Middle School Athletics Advisory Committee. This committee shall:

(a) Report regularly, not less than annually to the Board of Control of the KHSAA with the Board of Control obligated to make a recommendation to the Kentucky Board of Education with respect to annually proposed regulatory changes;

(b) Be composed of no less than three (3) middle school representatives from each Supreme Court district as well as no less than three (3) at large representatives from throughout the state;

(c) Provide an opportunity for nonprofit athletic groups, parents, and others to participate and provide input on the sport, athletic event, or athletes involved in interscholastic activities through local school districts;

(d) Meet not less than twice annually to review current programs and policies, make recommendations for improvements to and participation in middle school interscholastic activities, as well as any changes in statute, administrative regulation, or policy related to middle school interscholastic athletics, and assist in the development of model guidelines for schools, districts, conferences, and associations to be used in implementing a middle school athletic program; and

(e) Report regularly, not less than annually, to the commissioner of the KHSAA and issue, in conjunction with the commissioner, a formal written report annually to the KBE with recommendations for changes in statute, administrative regulation, or policy;

(5) Require any organization conducting a school-based event at the middle school level to submit the following, which shall be published and listed on the KHSAA Web site:

(a) Annual financial reports of all sanctioned and approved events sponsored by the organization; and

(b) Documentation of financial accountability including verification of federal status and tax documents including an annual IRS Form 990;

(6) Provide notice to the middle schools related to any program conducted by KHSAA related to educating school administrators about the provisions of 20 U.S.C. 1681, Title IX;

(7) Provide educational materials and a mechanism to facilitate the monitoring and tracking capabilities for the middle schools to ensure compliance with the provisions of KRS 160.445 and other requirements for coaches at the middle school level;

(8) Require that any student who turns:

(a) Fifteen (15) years of age before August 1 of the current school year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades 8 and below;

(b) Fourteen (14) years of age before August 1 of the current year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades 7 and below; and

(c) Thirteen (13) years of age before August 1 of the current school year shall not be eligible for interscholastic athletics in Kentucky in competition against students exclusively enrolled in grades 6 and below;

(9) Require each school, school district, conference, or association of schools to develop rules and limitations regarding student participation at the middle school level to include:

(a) A defined age limitation for participating students;

(b) A policy regarding the participation of students below grade 6;

(c) A limitation on practice time before the season in any sport or sport activity which shall not exceed the practice time adopted for play at the high school level;

(d) A limitation on the number of school-based scrimmages and regular season, school based contests in each sport or sport-activity, which shall not include post season contests and shall not exceed the allowable number of contests for that sport or sport-activity at the high school level; and

(e) A limitation on the length of the regular competitive season in each sport or sport-activity, not including any post season activities, which shall not exceed the length for that sport or sport-activity at the high school level;

(10) Conduct all meetings related to middle school athletics in accordance with KRS 61.805 through 61.850;

(11) Issue an annual report to the KBE on the status of interscholastic athletics at the middle school level, including any recommendations for changes in statute, administrative regulation, or policy;

(12) Allow a school or school district to join a conference or association that has developed rules for any particular sport or sport-activity to satisfy the requirements of this administrative regulation; and

(13) The period of June 25 to July 9, inclusive, shall be a dead period for middle school athletics. During the dead period:

(a) Students shall not receive coaching or training from school personnel, whether salaried or non-salaried;

(b) School facilities, uniforms, nicknames, transportation, or equipment shall not be used;

(d) A postseason wrap-up activity, celebration, or recognition event relating to a spring sports team at a school may be held.

Section 5. Financial Planning and Review Requirements.

(1) KHSAA shall annually submit the following documents to the KBE by October 31:

(a) Draft budget for the next two (2) fiscal years, including the current year;

(b) End-of-year budget status report for the previous fiscal year;

(d) A summary report of operations including summaries of financial, legal, and administrative actions taken and other items ongoing within KHSAA. This report shall also include a summary of items affecting:

Athletic appeals and their disposition, including the name of the individual, grade, school, and the action taken by KHSAA;
Eligibility rules;
Duties of school officials;
Contests and contest limitations;
Requirements for officials and coaches; and
Results of a biennial review of its bylaws that results in a recommendation for a change, directing any proposals for change in association rules to be considered for a vote by the member schools at the next legislative opportunity; and

(e) A review of all items which have been submitted to the membership for approval through the processes established in the KHSAA Constitution and the result of the voting on those issues.

(2) The KHSAA shall annually submit at the next meeting of the Kentucky Board of Education following receipt and adoption by the Board of Control, audited financial statements with the KHSAA Commissioner's letter addressing exceptions or notes contained in management correspondence if any.

Section 6. Forms. The forms incorporated by reference in this administrative regulation shall be filed:

(1) Using the paper form; or

(2) Using the electronic forms found on the Kentucky High School Athletic Association Web site at www.khsaa.org.

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "KHSAA Constitution", 5/2025;

(b) "KHSAA Bylaws", 1/2026;

(d) "KHSAA Board of Control Adopted Policies", 1/2026;

(e) KHSAA Form BA101- Baseball Pitching Limitation", 6/2016;

(f) KHSAA Form GE01, "Application for Membership", 7/2023;

(g) KHSAA Form GE04, "Athletic Participation Form, Parental and Student Consent and Release for High School Level (grades 9 - 12) Participation", 5/2025;

(h) KHSAA Form DP02, "Request for Statutory Waiver of Bylaw 2", 6/2018;

(i) KHSAA Form DP06, "Application for Athletic Eligibility for Domestic Students", 1/2026;

(j) KHSAA Form DP07, "Application for Athletic Eligibility for Non-Domestic Students", 5/2025;

(k) KHSAA Form DP16, "Request for Waiver of 20 Day Notice", 6/2018;

(l) KHSAA Form DP17, "Add. Info for Appeal", 6/2018;

(m) KHSAA Form DP18 "Waiver – 15 Day Exceptions", 6/2018;

(n) "KHSAA Form GE14- Contract for Athletic Contests", 5/2025;

(o) "KHSAA Form GE19-Title IX Procedures Verification", 5/2011;

(p) KHSAA Form GE110, "Wet Bulb Globe Measurement and Record", 6/2023; and

(q) "KHSAA Form MS01- Athletic Participation Parental and Student Consent and Release for Middle School (grades 5-8) Participation", 5/2025.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Legal Services, Department of Education, 5th Floor, 300 Sower Blvd, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.(702 KAR 007:065. 13 Ky.R. 835; eff. 11-11-1986; 14 Ky.R. 989;This is to certify that the chief state school officer has reviewed and recommended this administrative regulation prior to its adoption by the Kentucky Department of Education, as required by KRS 156.070(5).

History

RELATES TO: KRS 61.805 - 61.850, 156.070(2), 158.162, 160.380, 160.445, 20 U.S.C. 1681
STATUTORY AUTHORITY: KRS 156.070(1), (2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools, including interscholastic athletics in the schools. KRS 156.070(2) authorizes the board to designate an agency to manage athletics. This administrative regulation designates an agent for middle and high school athletics; establishes the financial planning and review processes for the agent; and incorporates by reference the bylaws, procedures, and rules of the agent.
History: 702 KAR 007:065. 13 Ky.R. 835; eff. 11-11-1986; 14 Ky.R. 989; eff. 12-11-1987; 15 Ky.R. 1153; eff. 1-7-1989; 16 Ky.R. 1255; eff. 2-3-1990; 2459; eff. 7-12-1990; 17 Ky.R. 451; 1484; eff. 12-7-1990; 18 Ky.R. 1200; eff. 12-8-1991; 19 Ky.R. 514; eff. 10-1-1992; 1419; eff. 2-4-1993; 20 Ky.R. 2900; 3203; eff. 6-14-1994; 22 Ky.R. 1728; eff. 5-16-1996; 24 Ky.R. 174; 573; eff. 9-4-1997; 25 Ky.R. 127; 1046; eff. 11-5-1998; 26 Ky.R. 1448; eff. 3-10-2000; 27 Ky.R. 1869; 2438; eff. 3-19-2001; 28 Ky.R. 2446; 29 Ky.R. 108; eff. 7-15-2002; 30 Ky.R. 2378; 31 Ky.R. 75; eff. 8-6-2004; 1895; eff. 8-5-2005; 32 Ky.R. 1769; eff. 6-2-2006; 33 Ky.R. 3461; 34 Ky.R. 40; 726; eff. 9-10-2007; 35 Ky.R. 2158; 36 Ky.R. 63; eff. 7-13-2009; 37 Ky.R. 2480; 2834; eff. 6-13-2011; 38 Ky.R. 1801; 1965; eff. 6-11-2012; 40 Ky.R. 133; 594; 807; eff. 11-1-2013; 2618; 41 Ky.R. 39; eff. 8-1-2014; 42 Ky.R. 101; 669; eff. 9-14-2015; 43 Ky.R. 102, 418, 542; eff. 10-10-2016; 44 Ky.R. 666, 925; eff. 11-13-2017; 45 Ky.R. 770, 1190; eff. 11-19-2018; 46 Ky.R. 254, 916, eff. 254, 916; , eff. 10-4-2019; 47 Ky.R. 567, 1213; eff. 3-2-2021; 48 Ky.R. 1653, 2210; eff. 5-3-2022; 50 Ky.R. 173, 1067; eff. 12-11-2023; 52 Ky.R. 99, 563; eff. 10-14-2025; 52 Ky.R. 1560; eff. 7-6-2026.

702 KAR 7:125 Pupil attendance {#sec-702-kar-7-125 omnilex-key=us-ky-regs-official--title-702--702 KAR 7:125}

Section 1. Daily Attendance.

(1) Daily attendance of pupils in elementary schools shall be determined by taking attendance one (1) time each day prior to the start of instruction and maintaining a pupil entry and exit log at each school.

(2) Daily attendance of pupils in middle and high schools shall be determined by taking attendance by class period and maintaining a pupil entry and exit log at each school.

(3) The pupil entry and exit log shall include the date, pupil name, grade or homeroom, time of late arrival, time of early departure (with the reason for both listed), and other information required by the local board of education. For elementary pupils who are signed out, the pupil entry and exit log shall also include a signature of:

(a) A parent;

(b) A legal guardian; or

(c) An adult with proof of identification and for whom the school has received a written authorization from the parent or legal guardian.

(4) Pupils shall be physically present in the school to be counted in attendance except under the following conditions:

(a) The pupil is a participant in a co-curricular instructional activity that has been authorized by the local board of education and is a definite part of the instructional program of the school;

(b) The pupil is a participant in an activity as provided in either KRS 158.240 or 159.035;

(c) The pupil is participating in an off-site virtual high school class or block. A pupil may be counted in attendance for a virtual high school class or block for the year or semester in which the pupil initially enrolled in the class or block if the pupil demonstrates proficiency in accordance with local policies required by 704 KAR 3:305, Section 7;

(d) The pupil's mental or physical condition prevents or renders inadvisable attendance in a school setting, and the pupil meets the requirements of KRS 159.030(2). A pupil being served in the home/hospital program shall receive, at a minimum, the instruction required pursuant to KRS 158.033;

(e) The pupil has been court ordered to receive educational services in a setting other than the classroom. A pupil being served through a court order shall receive at a minimum, the instruction required pursuant to paragraph (d) of this subsection;

(f) The pupil has an individual education program (IEP) that requires less than full-time instructional services;

(g) The pupil is participating in standards-based, performance-based credit that is awarded in accordance with 704 KAR 3:305, Section 7 and that falls within one (1) or more of the categories of standards-based course work outlined in 704 KAR 3:305. A pupil may be counted in attendance for performance-based credit for a class or block for the year or semester in which the pupil initially enrolled in the class or block if the pupil demonstrates proficiency in accordance with local policies required by 704 KAR 3:305, Section 7;

(h) The pupil participates in a school that is authorized by the commissioner to design and deliver an educational program so that all graduation requirements are based on pupil proficiency of standards and performance, rather than time and Carnegie units, as authorized in 704 KAR 3:305, Section 7; or

(i) The pupil is enrolled and participating in a full-time, online, virtual and remote learning program pursuant to the requirements of 704 KAR 3:535. A pupil shall be counted in attendance pursuant to the requirements of 704 KAR 3:535.

(5) Even if a pupil's absence or tardy is due to factors beyond the pupil's control, including inclement weather or failure of the transportation system to operate, the pupil shall be counted absent or tardy. However, a pupil being transported to school on a district school bus or district vehicle shall not be considered tardy if the cause of the lateness is due to the bus or vehicle arriving after the beginning of the school day.

(6) The local board of education shall determine by local board policy what constitutes an excused and an unexcused absence.

(7) A pupil shall not be allowed to make up absences for the purpose of including make-up activities in the calculation of average daily attendance.

Section 2. Calculation of Attendance. The guidelines in this section shall be used to calculate pupil attendance for state funding purposes.

(1) A full day of attendance shall be recorded for a pupil who is in attendance at least sixty-five (65) percent of the regularly-scheduled school day for the pupil's grade level.

(2) A tardy shall be recorded for a pupil who is absent thirty-five (35) percent or less of the regularly-scheduled school day for the pupil's grade level.

(3) A half day absence shall be recorded for a pupil who is absent thirty-six (36) percent to eighty-four (84) percent of the regularly-scheduled school day for the pupil's grade level.

(4) A full day absence shall be recorded for a pupil who is absent more than eighty-four (84) percent of the regularly-scheduled school day for the pupil's grade level.

Section 3. Shortened School Day. A local board of education may permit an arrangement whereby a pupil has a shortened school day in accordance with KRS 158.060 or local board of education policy. The time a pupil is in attendance shall be included in calculating the district's average daily attendance.

Section 4. Dual Enrollment. A local board of education may permit an arrangement in which a pupil pursues part of the pupil's education under the direction and control of one (1) public school and part of the pupil's education under the direction and control of another public or nonpublic school. The time a pupil is served by each public school shall be included when calculating the district's average daily attendance.

Section 5. Private School Placement. If a local school district, under the provisions of KRS 157.360(7), enrolls a child with a disability in a private school or agency, the private school or agency shall certify the attendance of the child to the local school district at the close of each school month.

Section 6. Age of Pupil.

(1) If a local school district enrolls in the entry level program a pupil who will not be five (5) years of age on or before August 1 of the year of enrollment, the total aggregate days attendance for the pupil shall not be included in calculating the district's average daily attendance except under the conditions established in subsection (3) of this section.

(2) If a local school district enrolls in the second level of the primary program a pupil who will not be six (6) years of age on or before August 1 of the year of enrollment, the total aggregate days attendance for the pupil shall not be included in calculating the district's average daily attendance except under the conditions established in subsection (3) of this section.

(3)

(a) The local board of education shall have determined that the pupil is eligible for enrollment in the appropriate level of the primary program after academic, social, and developmental progress records from multiple data sources are reviewed by a team and determined to support accelerated placement. These sources shall include:

Anecdotal records;
A variety of pupil work samples, including evidence of pupil self-reflection; and
Standardized test results.

(b) The team shall be comprised of three (3) members who have knowledge of the pupil's developmental skills and abilities. Team members shall be chosen from these categories:

Teachers;
Parents;
Psychologists;
Principals; or
District specialists.

(c) At least one (1) team member shall represent the district office and have an understanding of early childhood development and knowledge of developmentally-appropriate practices.

(d) If the local board of education determines the pupil is eligible for accelerated placement into the entry or second level of the primary program, the district shall document the determination with:

A list of data sources used in making the decision;
A list of all individuals who submitted the data sources;
A list of team members; and
The data needed to create a pupil attendance record.

(4) A local school district shall enroll any resident pupil, not holding a high school diploma, under the age of twenty-one (21) years who wishes to enroll. The days attended after the pupil's 21st birthday shall not be included in the calculation of the district's average daily attendance.

Section 7. Due Dates for Certain Reports.

(1) The Growth Factor Report for the first two (2) school months of the school year created pursuant to KRS 157.360(9) shall be submitted to the department through the statewide student information system within ten (10) business days following the last day of the second school month or by November 1 of each year, whichever occurs first.

(2) Pursuant to KRS 157.360(2), the Superintendents Annual Attendance Report (SAAR) for the school year shall be submitted to the department through the statewide student information system by June 30 of each year.

Section 8. Nonresident Pupils.

(1) The district of attendance shall provide a list of all enrolled nonresident students to the district of residence not later than November 1 of each school year.

(2) The district of attendance shall provide to the district of residence a list of the names of all nonresident pupils whose parent is an employee of the district as provided by KRS 157.350(4)(c) not later than November 1 of each school year.

Section 9. Weather-related Low Attendance Days.

(1) The SAAR:

(a) May substitute the prior year's average daily attendance for up to ten (10) designated weather-related low attendance days; and

(b) Shall constitute certification that the low attendance was due to inclement weather, in accordance with KRS 157.320(17).

(2) Documentation that the low attendance was due to inclement weather shall be retained at the central office.

Section 10. Nontraditional Instruction Program Health and Safety Closings.

(1) The SAAR:

(a) May substitute the prior year's average daily attendance for up to ten (10) designated instructional days, in accordance with KRS 158.070(8); and

(b) Shall constitute certification that the low attendance was due to health and safety reasons.

(2) Documentation that the low attendance was due to health and safety reasons shall be retained at the central office.

(3) Days granted in this section shall be in addition to any days granted under Section 9 of this administrative regulation.

Section 11. Original Source of Attendance Data.

(1) The school's records of daily attendance and teacher's monthly attendance reports, daily and class period absentee lists, pupil entry and exit logs, and the Home/Hospital Program Form, shall be the original source of attendance data for all pupils enrolled in the public common schools and shall be verified at the end of each school month.

(2) The school's records of daily attendance and teachers' monthly attendance reports shall be signed by a designated certified person within the elementary or secondary school who shall be responsible for verifying and certifying the state attendance documents for accuracy.

(3) The school's records of daily attendance and tenth month teacher's monthly attendance reports shall be retained at least twenty (20) years. The daily and class period absentee lists, and pupil entry and exit logs shall be retained at least two (2) full school years after the current school year.

Section 12. Enrollment Codes. The following entry, reentry, and withdrawal codes shall be used to indicate the enrollment status of pupils:

(1) E01 - A pupil enrolled for the first time during the current year in either a public or nonpublic school in the United States;

(2) E02 - A pupil previously enrolled during the current school year in either a public or nonpublic school in another state who has not previously enrolled in Kentucky during the current school year;

(3) E03 - A pupil enrolling for the first time during the current school year in either a public or nonpublic school, who withdrew as a W07, W24 or W25 for previous school years;

(4) R01 - A pupil received from another grade or grade level in the same school year, or having a change in schedule structure or enrollment service type;

(5) R02 - A pupil received from another public school in the same public school district;

(6) R06 - A pupil reentering the school after dropping out, discharge, or expulsion from a school district in Kentucky during the current school year, who has not entered any other school during the intervening period;

(7) R20 - A pupil previously enrolled in a home school in Kentucky during the current school year;

(8) R21 - A pupil previously enrolled in any public or nonpublic school (excluding home schools and charter schools) in Kentucky during the current school year;

(9) R22 - A pupil previously enrolled in a charter school in Kentucky during the current school year;

(10) W01 - A pupil transferred to another grade in the same school or with grade level changes in the same school mid-year, or with a change in schedule structure or enrollment service type. The reentry code to use with W01 shall be R01;

(11) W02 - A pupil transferred to another public school in the same public school district. The reentry code to use with W02 shall be R02;

(12) W07 - A pupil withdrawn due to those communicable medical conditions that pose a threat in school environments listed in 902 KAR 2:020, Section 2(1), accompanied by a doctor's statement certifying the condition, or any other health-related condition for which the pupil is too ill to participate in regular school attendance, local homebound instructional services or hospital setting instructional services, or if the pupil has obtained a doctor's statement certifying the condition. The reentry code to use with W07 shall be R06;

(13) W08 - A pupil withdrawn due to death;

(14) W12 - A pupil under the jurisdiction of the court. For purposes of the W12 code, a pupil may be considered under the jurisdiction of the court on the day the petition is filed with the court. The reentry code to use with W12 shall be R06. For accountability purposes, a W12 shall be considered a dropout if the district cannot substantiate enrollment in the proper educational setting as designated by the court;

(15) W17 - An entry level pupil in the primary program, withdrawn during the first two (2) months enrolled due to immaturity or mutual agreement by the parent, guardian, or other custodian and the school in accordance with 704 KAR 5:060;

(16) W20 - A pupil transferred to a home school. The reentry code to use with W20 shall be R20;

(17) W21 - A pupil transferred to a nonpublic school (excluding home school). The reentry code to use with W21 shall be R21;

(18) W22 - A pupil who has transferred to another Kentucky public school district and for whom a request for pupil records has been received or enrollment has been substantiated;

(19) W23 - A pupil withdrawn for a second or subsequent time who initially withdrew as a W24 or W25 during the current school year;

(20) W24 - A pupil who has moved out of this public school district for whom enrollment elsewhere has not been substantiated or failed to attend on the first day of school in a district, but thereafter enrolled in the district;

(21) W25 - A pupil who is at least eighteen (18) years of age and has withdrawn from public school;

(22) W26 - A pupil who has withdrawn from school after completing a secondary GED program and receiving a GED certificate;

(23) W27 - A pupil who has withdrawn from school and subsequently received a GED;

(24) W28 - A pupil who has reached the maximum age for education services without receiving a diploma or an alternative high school diploma;

(25) W29 - A pupil who has moved out of state or out of the United States;

(26) W30 - A pupil with an IEP enrolled in Grade 14 who has previously received an alternative high school diploma, re-enrolled, and withdrew in the middle of the reporting school year;

(27) W31 - A pupil in the preschool program, withdrawn due to immaturity or mutual agreement by the parent, guardian, or other custodian and the school;

(28) W32 - A pupil transferred to a charter school. The reentry code to use with W32 shall be R22;

(29) C01 - A pupil who completes the school year in the school of the most current enrollment;

(30) G01 - A pupil who graduates in less than four (4) years;

(31) G02 - A pupil who graduates in four (4) years;

(32) G03 - A pupil who graduates in five (5) or more years;

(33) G04 - A pupil who graduates in six (6) or more years; and

(34) NS - A pupil who completed the prior year with a C01 and was expected to enroll in the district, but did not enroll by October 1 of the current year whose enrollment elsewhere cannot be substantiated.

Section 13. Suspension.

(1) For a pupil who has been suspended, a code of S shall be used to indicate the days suspended.

(2) Suspension shall be considered an unexcused absence.

Section 14. Ethnicity. The ethnicity of each pupil shall be designated as either Hispanic/Latino or not Hispanic/Latino. The designation shall be "Hispanic/Latino" if the person is of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture of origin regardless of race. The term "Spanish origin" may be used in addition to "Hispanic/Latino".

Section 15. Racial Category Codes. One (1) or more of the following racial codes shall be used to indicate the racial category of pupils:

(1) White - A person having origins in any of the original peoples of Europe, North Africa, or the Middle East;

(2) Black or African American - A person having origins in any of the black racial groups of Africa;

(3) Asian - A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, or Vietnam;

(4) American Indian or Alaskan Native - A person, having origins in any of the original peoples of North America and South America (including Central America), who maintains cultural identification through tribal affiliation or community attachment; and

(5) Native Hawaiian or other Pacific Islander - A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

Section 16. Withdrawal and Transfer Records. The request for records and other information involving the withdrawal and transfer of pupils shall be processed by the local superintendent or his or her designee pursuant to KRS 159.170, and shall be maintained in the pupil's permanent file.

Section 17. Incorporation by Reference.

(1) "Home/Hospital Program Form", July 2023, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be viewed at https://education.ky.gov/districts/enrol/Documents/HomeHospitalProgramForm.pdf.

History

RELATES TO: KRS 157.320, 157.350, 157.360, 158.030, 158.031, 158.033, 158.060, 158.070, 158.100, 158.240, 159.010, 159.030, 159.035, 159.140, 159.170, 161.200
STATUTORY AUTHORITY: KRS 156.070, 156.160, 157.320, 157.360, 158.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to promulgate administrative regulations establishing standards which school districts shall meet in student, program, service, and operational performance. KRS 157.320 defines average daily attendance of pupils for funding purposes under the Support Education Excellence in Kentucky (SEEK) Program. KRS 157.360 bases SEEK funding upon average daily attendance. KRS 158.030, 158.100, and 159.010 establish the age for compulsory school attendance. KRS 158.070 defines the school term. KRS 158.240 defines attendance credit for moral instruction, and KRS 159.035 defines attendance for 4-H activities, military basic training, page programs of the General Assembly, attendance at the Kentucky State Fair, educational enhancement opportunities, and when a parent or custodian is called to active military duty. KRS 161.200 requires attendance records to be kept by teachers. This administrative regulation establishes a uniform method of recording pupil attendance.
History: 23 Ky.R. 2352; Am. 2722; eff. 1-9-1997; 25 Ky.R. 1137; 1597; eff. 1-19-1999; 27 Ky.R. 1871; 2439; eff. 3-19-2001; 29 Ky.R. 2349; 29 Ky.R. 2349; 2685; eff. 4-15-2003; 30 Ky.R. 2380; 31 Ky.R. 76; eff. 8-6-2004; 32 Ky.R. 1771; 2009; eff. 6-2-2006; 36 Ky.R. 466; 1212; eff. 1-4-2010; 37 Ky.R. 2291; 2572; eff. 6-3-2011; 40 Ky.R. 1362; 1732; eff. 3-7-2014; 46 Ky.R. 2137, 2633; eff. 6-30-2020; 48 Ky.R. 995; eff. 4-5-2022; 49 Ky.R. 633, 12656; eff. 3-7-2023; 50 Ky.R. 747, 1279; eff. 3-5-2024.

702 KAR 7:140 School calendar {#sec-702-kar-7-140 omnilex-key=us-ky-regs-official--title-702--702 KAR 7:140}

Section 1. Calendar Requirements.

(1) The local board of education shall adopt a school calendar on or before May 15 of each year. The calendar shall:

(a) Establish the length of each student attendance day, in accordance with KRS 158.060(3); and

(b) Set the instructional time the local board of education requires for kindergarten per KRS 157.320(7).

(2) Opening day shall be scheduled to occur prior to the first student attendance day of the student instructional year.

(3) Closing day shall be scheduled to occur following the completion of the last student attendance day of the student instructional year.

(4) Local school districts shall plan, in accordance with this subsection, for the make-up of instructional time missed due to emergency. In addition to the minimum 1,062 hour student instructional year, the school calendar shall include days equal to the greatest number of days missed system-wide in the local school district over the preceding five (5) school years.

(5) Graduation ceremonies may be held before the end of the student instructional year. Diplomas shall be distributed after completion of the student instructional year.

Section 2. Calendar Approval.

(1) The local board of education shall file each adopted school calendar, which complies with the requirements of Section 1 of this administrative regulation, with the department no later than June 30 of each year. The local school district shall not be paid any installment of its Support Education Excellence in Kentucky (SEEK) program allotment until the school calendar has been approved by the department.

(2) The local board of education, upon recommendation of the local school district superintendent, may amend the school calendar.

(3) An amended school calendar, which complies with the requirements of Section 1 of this administrative regulation, shall be submitted for approval to the department no later than June 30 of each year.

Section 3. Instructional Time Missed.

(1) The regularly scheduled student attendance day shall not be shortened after the school calendar has been adopted by the local board of education and approved by the department except in cases of emergency declared by the local school district superintendent in accordance with policies of the local board of education.

(2) The local school district shall not be required to make up a total of five (5) hours missed each student instructional year that were missed as a result of student attendance days shortened due to emergency. These hours shall be reported to the department on the amended school calendar and shall be included in the calculation of total hours of instructional time for the student instructional year.

(3) Except as provided in subsection (2) of this section, all instructional time missed on student attendance days shortened due to emergency shall be made up and shall be reported to the department on the amended school calendar.

Section 4. Emergency Day Waiver.

(1) A school district shall not be granted an emergency day waiver unless the district has missed more than twenty (20) regular student attendance days district-wide and the district has demonstrated that an extreme hardship would result if the district is not granted an emergency day waiver. The local school district shall make up at least the first twenty (20) regular student attendance days missed in a school year by adding these equivalent hours back into the school calendar.

(2) A local board of education request for a district-wide emergency day waiver shall be submitted to the commissioner for approval. A copy of the local board order shall accompany this request. An approved emergency day waiver shall be the length of the student attendance day established in the approved calendar.

(3) A local board of education may request an emergency day waiver if one (1) school, or part of the district, is forced to miss school on a particular student attendance day due to an emergency. The request shall be submitted to the commissioner for approval. A copy of the local board order shall accompany this request. An approved emergency day waiver shall be the length of the student attendance day established in the approved calendar.

Section 5. Activities of the Student Attendance Day.

(1) The following shall constitute the activities to be conducted during the student attendance day:

(a) Courses and content included in the Kentucky Core Academic Standards, pursuant to 704 KAR 3:303;

(b) Cocurricular activities which are unequivocally instructional in nature, directly related to the instructional program and scheduled to minimize absences from classroom instruction; and

(c) A maximum of five (5) minutes passing time between instructional periods, and travel time required to participate in regular instructional programs off of the school campus including vocational schools, day treatment centers, and alternative schools. Travel time to off-campus facilities shall be scheduled to minimize absence from classroom instruction.

(2) The local board of education shall adopt a policy specifying cocurricular instructional activities which may be included in the student attendance day, as described in subsection (1)(b) of this section.

(3) Each school shall have available a master (bell) schedule that delineates instructional time periods and noninstructional time periods for all grade levels served and schedules provided. An up-to-date master (bell) schedule shall be on file in a school. Up-to-date master (bell) schedules for each school in a district shall be on file in the district's central office.

History

RELATES TO: KRS 157.320, 157.350, 158.060, 158.070
STATUTORY AUTHORITY: KRS 156.070, 156.160, 157.320, 158.060, 158.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070, 156.160, 157.320, 158.060, and 158.070 define the school day and month and require the Kentucky Board of Education (KBE) to promulgate administrative regulations governing the make-up of school days missed. KRS 158.070 defines the school term and requires the KBE to promulgate administrative regulations governing the use of school days and the establishment of school calendars. This administrative regulation establishes the requirements for school districts to follow regarding school calendars.
History: 36 Ky.R. 497; Am. 1217; eff. 1-4-2010; 41 Ky.R. 600; 1339; eff. 1-5-2015; Cert Eff. 12-1-2021.

702 KAR 7:150 Home or hospital instruction {#sec-702-kar-7-150 omnilex-key=us-ky-regs-official--title-702--702 KAR 7:150}

Section 1. General Provisions.

(1) A local board of education shall establish home or hospital instructional programs for students pursuant to KRS 158.033 and the criteria contained in this administrative regulation.

(2) A local board of education shall establish a local board policy setting forth parameters for the operation of home or hospital instructional programs.

(3) A student referred for home or hospital instruction and not in attendance at school shall not be counted for attendance purposes prior to the date recommended by an eligible health care provider on an approved application or for students with disabilities, the date determined by the Admissions and Release Committee (ARC) as defined in 707 KAR 1:002.

(4) Home or hospital instruction shall be used only for a student for whom there is an expectation of an inability to attend regular school for more than five (5) consecutive school days.

(5) For students with disabilities, the ARC shall be responsible for placement decisions regarding home or hospital instruction in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. secs. 1400 et. seq and 707 KAR 1:350.

(6) The ARC chairperson shall provide written notice of eligibility and documentation to the local Director of Pupil Personnel (DPP) for purposes of program enrollment using the Notice of Home or Hospital Instruction Placement by Admissions and Release Committee (ARC) Form.

Section 2. Home or Hospital Review Committee.

(1) A local board of education shall establish a Home or Hospital Review Committee (Review Committee). The Review Committee shall accept and review applications to determine student eligibility for home or hospital services.

(2) The Review Committee shall consist of a local director of pupil personnel, a home or hospital teacher, a home or hospital instructional program director, medical or mental health personnel, and may consist of other professionals relevant to the application being reviewed.

(3) The condition of pregnancy shall not be considered a physical or health impairment in and of itself, and the nature and extent of any complication shall be delineated prior to consideration of home or hospital instruction for this condition.

(4) Except as provided by subsection (5) of this section, eligibility for home or hospital instruction shall cease, for students placed by the Review Committee if the student works, plays sports or participates in extracurricular activities.

(5) For students with a 504 plan pursuant to Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, eligibility for home or hospital instruction shall not cease if the student works, plays sports or participates in extracurricular activities if participation in work, sports or extracurricular activities is consistent with the student's 504 plan.

Section 3. Placement for Students on Home or Hospital Instruction.

(1) Pursuant to its authority established in KRS 160.290, a local board of education shall implement referral and placement procedures in accordance with local board policy for students with temporary conditions, including fractures, surgical recuperation, or other physical, health, or mental conditions.

(2) A student with a recurring condition, which results in periods in which the need for home or hospital instruction is intermittent and the student is able to attend school for short periods, may be exited and reentered on home or hospital instruction, and the following shall apply:

(a) Initial approval by the Review Committee shall be required;

(b) The Review Committee shall review the need for an alternative schedule of services based on verification by the professional statement in the application for home or hospital instruction of the need for intermittent services;

(c) If a health professional who completed the initial application for a student to be served on home or hospital determines the student needs additional time for services, the health professional shall submit a written statement, either mailed or faxed, to the Director of Pupil Personnel, requesting additional time up to two (2) weeks for services and provide a brief explanation for the extension;

(d) The Review Committee shall meet to review this extension and either approve or deny the request for an extension, prior to provision of any extended services;

(e) The Review Committee shall review intermittent placement at least every six (6) months, and at that time a statement from a second professional, shall be required by the Review Committee for continued program eligibility; and

(f) The parent or guardian shall notify the principal or Director of Pupil Personnel prior to the need for school reentry or to exit to home or hospital instruction.

Section 4. Home or Hospital Instruction Operation.

(1) Instructional sessions shall be delivered by a certified teacher. Instructional sessions may be delivered in person, electronically, or telephonically. If the instruction is other than in person, the district shall ensure the instruction is meaningful and require the certified teacher to directly contact the student during instructional sessions.

(2) When a home or hospital instruction teacher is physically present in the home or hospital, a parent, guardian, medical professional, assigned hospital staff member or an adult authorized by the parent or guardian shall be present in the home or hospital room during the time of instruction.

(3) A home or hospital instruction teacher shall complete a visitation and planning schedule on a weekly basis. This schedule shall include specific times for instruction, travel, planning and conferences. A copy of this schedule shall be on file in the central office.

(4) Attendance records and services descriptions shall be maintained and summarized on an annual basis on the Home/Hospital Program Form for submission to the department at the end of each school year.

(5) The school's records of daily attendance and the teacher's monthly attendance reports shall be maintained and summarized on a monthly basis as to home and hospital instruction.

(6) Pursuant to its authority established in KRS 160.290, a local board of education shall develop timelines for determination of continuing student eligibility for home or hospital instruction. The Review Committee shall schedule a review of continued student eligibility for home or hospital instruction at any time based on changes in the student's condition.

(7) A teacher serving students on home instruction shall not exceed a caseload of twelve (12) students. A teacher serving students on hospital instruction shall not exceed a caseload of fifteen (15) students. For a teacher serving a combination of home and hospital students, the caseload maximum shall be determined by the setting in which the majority of his students are served.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Home or Hospital Instruction", June 2021; and

(b) "Notice of Home or Hospital Instruction Placement by Admissions and Release Committee (ARC) Form", June 2021.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Education, Office of Finance and Operations, 300 Sower Building, Frankfort, Kentucky, Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

RELATES TO: KRS 160.290, 202A.011, 314.011
STATUTORY AUTHORITY: KRS 158.033, 156.070, 156.160, 159.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.033 requires the Kentucky Board of Education to promulgate administrative regulations establishing the components of home or hospital instruction. KRS 156.070 requires the Kentucky Board of Education to establish policy or act on all matters relating to the administrative responsibility of the Department of Education. KRS 156.160 requires the Kentucky Board of Education to promulgate administrative regulations establishing standards which school districts shall meet in student, program, service, and operational performance. KRS 159.030 provides exemptions from compulsory attendance for students whose physical or mental condition prevents or renders inadvisable attendance at school or application to study. This administrative regulation establishes minimum requirements for home or hospital instruction programs.
History: 48 Ky.R. 233, 1612; eff. 3-1-2022.

Title 702 KAR — Education and Workforce Development Cabinet - Board of Education, Department of Education - Office of District Support Services

Chapter 1 General Administration

702 KAR 1:035 Group health and life insurance {#sec-702-kar-1-035 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:035}

702 KAR 1:080 Transfer of annexed property; hearing {#sec-702-kar-1-080 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:080}

702 KAR 1:100 Merger of independent and county school districts {#sec-702-kar-1-100 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:100}

702 KAR 1:116 Annual in-service training of district board members {#sec-702-kar-1-116 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:116}

702 KAR 1:140 Student records; hearing procedures {#sec-702-kar-1-140 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:140}

702 KAR 1:160 School health services {#sec-702-kar-1-160 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:160}

702 KAR 1:170 School district data security and breach procedures {#sec-702-kar-1-170 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:170}

702 KAR 1:180 School security risk assessment tool {#sec-702-kar-1-180 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:180}

702 KAR 1:191 District employee quarantine leave {#sec-702-kar-1-191 omnilex-key=us-ky-regs-official--title-702--702 KAR 1:191}

Chapter 3 School Administration and Finance

702 KAR 3:020 Bond issue approval {#sec-702-kar-3-020 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:020}

702 KAR 3:030 Insurance requirements {#sec-702-kar-3-030 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:030}

702 KAR 3:045 Withholding funds {#sec-702-kar-3-045 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:045}

702 KAR 3:050 Application to exceed budget {#sec-702-kar-3-050 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:050}

702 KAR 3:060 Procedure for payment of employees {#sec-702-kar-3-060 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:060}

702 KAR 3:070 Teachers' salary scheduling {#sec-702-kar-3-070 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:070}

702 KAR 3:075 Substitute teachers' salary scheduling {#sec-702-kar-3-075 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:075}

702 KAR 3:080 Fidelity bond, penal sum for treasurer, finance officer, and others {#sec-702-kar-3-080 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:080}

702 KAR 3:090 Depository of board, collateral {#sec-702-kar-3-090 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:090}

702 KAR 3:100 Data report, professional staff {#sec-702-kar-3-100 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:100}

702 KAR 3:110 Document filing dates {#sec-702-kar-3-110 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:110}

702 KAR 3:120 Uniform school financial accounting system {#sec-702-kar-3-120 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:120}

702 KAR 3:130 Internal accounting {#sec-702-kar-3-130 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:130}

702 KAR 3:135 Bidding procedures {#sec-702-kar-3-135 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:135}

702 KAR 3:150 Audit exceptions and corrections {#sec-702-kar-3-150 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:150}

702 KAR 3:190 Maximum class sizes {#sec-702-kar-3-190 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:190}

702 KAR 3:220 Guidelines for waiver of school fees {#sec-702-kar-3-220 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:220}

702 KAR 3:246 School council allocation formula: KETS District Administrative System Chart of Accounts {#sec-702-kar-3-246 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:246}

702 KAR 3:250 Preschool grant allocations {#sec-702-kar-3-250 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:250}

702 KAR 3:270 SEEK funding formula {#sec-702-kar-3-270 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:270}

702 KAR 3:275 School district tax rate formulas {#sec-702-kar-3-275 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:275}

702 KAR 3:285 School district Medicaid providers {#sec-702-kar-3-285 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:285}

702 KAR 3:310 Differentiated compensation {#sec-702-kar-3-310 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:310}

702 KAR 3:320 Finance officer certification requirements {#sec-702-kar-3-320 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:320}

702 KAR 3:330 Liability insurance {#sec-702-kar-3-330 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:330}

702 KAR 3:340 Approval of school district lease agreements {#sec-702-kar-3-340 omnilex-key=us-ky-regs-official--title-702--702 KAR 3:340}

Chapter 4 Facilities Management

702 KAR 4:005 Recreational facilities; school and community {#sec-702-kar-4-005 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:005}

702 KAR 4:050 Building sites; inspection, approval {#sec-702-kar-4-050 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:050}

702 KAR 4:090 Property disposal {#sec-702-kar-4-090 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:090}

702 KAR 4:100 Emergency school loan fund; repayments {#sec-702-kar-4-100 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:100}

702 KAR 4:170 Facility programming and construction criteria {#sec-702-kar-4-170 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:170}

702 KAR 4:180 Implementation guidelines - Kentucky School Facilities Planning Manual {#sec-702-kar-4-180 omnilex-key=us-ky-regs-official--title-702--702 KAR 4:180}

Chapter 5 Pupil Transportation

702 KAR 5:010 Pupil transportation: technical assistance and monitoring {#sec-702-kar-5-010 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:010}

702 KAR 5:020 Program cost calculation {#sec-702-kar-5-020 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:020}

702 KAR 5:030 Pupil transportation {#sec-702-kar-5-030 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:030}

702 KAR 5:060 Buses; specifications and purchases {#sec-702-kar-5-060 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:060}

702 KAR 5:080 Bus drivers' qualifications, responsibilities, and training {#sec-702-kar-5-080 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:080}

702 KAR 5:100 Handicapped, reimbursement for {#sec-702-kar-5-100 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:100}

702 KAR 5:110 Vocational pupils, reimbursement for {#sec-702-kar-5-110 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:110}

702 KAR 5:120 Blind and deaf pupils, reimbursement for {#sec-702-kar-5-120 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:120}

702 KAR 5:130 Non-school bus passenger vehicles {#sec-702-kar-5-130 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:130}

702 KAR 5:150 Transportation of preschool children {#sec-702-kar-5-150 omnilex-key=us-ky-regs-official--title-702--702 KAR 5:150}

Chapter 6 Food Service Programs

702 KAR 6:010 Local responsibilities {#sec-702-kar-6-010 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:010}

702 KAR 6:020 District school nutrition director {#sec-702-kar-6-020 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:020}

702 KAR 6:040 Personnel; policies and procedures {#sec-702-kar-6-040 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:040}

702 KAR 6:050 Lunch and breakfast requirements {#sec-702-kar-6-050 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:050}

702 KAR 6:060 Time minimum for meals {#sec-702-kar-6-060 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:060}

702 KAR 6:090 Minimum nutritional standards for foods and beverages available on public school campuses during the school day; required nutrition and physical activity reports {#sec-702-kar-6-090 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:090}

702 KAR 6:110 Claim reimbursement for school and community nutrition programs {#sec-702-kar-6-110 omnilex-key=us-ky-regs-official--title-702--702 KAR 6:110}

Chapter 7 School Terms, Attendance and Operation

702 KAR 7:065 Designation of agent to manage middle and high school interscholastic athletics {#sec-702-kar-7-065 omnilex-key=us-ky-regs-official--title-702--702 KAR 7:065}

702 KAR 7:125 Pupil attendance {#sec-702-kar-7-125 omnilex-key=us-ky-regs-official--title-702--702 KAR 7:125}

702 KAR 7:140 School calendar {#sec-702-kar-7-140 omnilex-key=us-ky-regs-official--title-702--702 KAR 7:140}

702 KAR 7:150 Home or hospital instruction {#sec-702-kar-7-150 omnilex-key=us-ky-regs-official--title-702--702 KAR 7:150}

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