Title 704 KAR — Education and Workforce Development Cabinet - Board of Education, Department of Education - Office of Learning Programs Development

Chapter 3 Office of Instruction

704 KAR 3:015 Kentucky All STARS for Preschool Programs {#sec-704-kar-3-015 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:015}

Section 1. Definitions.

(1) "Administrative and Leadership Practices" means a domain of standards related to the planning, implementing, and evaluating of early childhood program services.

(2) "Classroom and Instructional Quality" means a domain of standards related to developmentally appropriate teaching and learning practices in early childhood program settings.

(3) "Environment assessment" means a rating scale to assess quality in a preschool program setting and consists of the following evaluated items:

(a) Physical environment;

(b) Basic care;

(c) Curriculum;

(d) Interaction;

(e) Schedule and program structure; and

(f) Parent and staff education.

(4) "Expiration date" means the date the quality rating certificate issued by the Department of Education or its designee is no longer valid.

(5) "Family and community engagement" means a domain of standards related to involving parents, families, and communities in the early childhood program.

(6) "Issue date" means the date the quality rating certificate was issued by the Department of Education or its designee.

(7) "Kentucky All STARS Rating System" or "STARS" means the quality based-graduated early childhood rating system established in KRS 199.8943 and the Kentucky All STARS Quality Rating Level requirements established in 922 KAR 2:270.

(8) "Preschool" means program services as established in KRS 157.3175.

(9) "Preschool site" means a location with a school ID code assigned by the Kentucky Department of Education providing program services as established in KRS 157.3175.

(10) "Renewal year" means the year that a preschool site renews its quality rating certificate with the Department of Education.

Section 2. Preschool Site Participation. A preschool site providing services pursuant to 704 KAR 3:410 and this administrative regulation shall participate in Kentucky All STARS Rating System:

(1) At STARS Level 3;

(2) At STARS Level 4; or

(3) At STARS Level 5.

Section 3. ALL STARS Preschool Quality-Rating Level Requirements.

(1) A preschool site shall undergo an environment assessment conducted by the department or its designee. A preschool site shall achieve a minimum environment assessment score per classroom observed, as established in 922 KAR 2:270, to earn STARS Level 4 or 5.

(2) The department or its designee shall determine a preschool site's STARS level using the following four (4) domains:

(a) Family and community engagement, which shall include:

1. Professional development related to family engagement;

2. Implementation of family engagement initiatives; and

3. Partnership building with community agencies;

(b) Classroom and instructional quality, which shall include:

1. The use of developmental screenings, curriculum, and assessments; and

2. Participation in an environmental observation;

(c) Staff qualifications and professional development, which shall include:

1. The hours of staff training;

2. Professional development plans for staff that align with state requirements and staff credentials; and

(d) Administrative and leadership practices, which shall include:

1. Time for lesson plan development;

2. Implementation of a continuous improvement plan; and

3. Provision of staff benefits, such as health insurance.

(3) To hold a STARS Level 3, 4, or 5 quality rating certificate, a preschool site shall achieve at least the minimum total points in each domain established in 922 KAR 2:270 for each STARS level.

(4) Preschool program sites meeting the requirements established in this administrative regulation shall be awarded a STARS level certification renewable every three (3) years pursuant to Sections 4 and 5 of this administrative regulation.

Section 4. Annual Quality Review.

(1) During the three (3) year STARS certification period, a preschool site shall verify the site's STARS level annually with the department or its designee.

(2) A preschool site that does not report sustained adherence to the criteria and domains pursuant to Section 3 of this administrative regulation shall undergo a reevaluation of the site's rating pursuant to Section 6 of this administrative regulation.

Section 5. Renewal.

(1) The department or its designee shall notify a preschool site at least ninety (90) calendar days in advance of the expiration of the preschool site's STARS certificate.

(2) The department or its designee shall determine a preschool site's STARS level for renewal based on the criteria and domains established in Section 3 of this administrative regulation.

Section 6. Reevaluation. The department or its designee shall reevaluate a preschool site's STARS certificate if the preschool site's location of preschool services changes, the preschool site requests a reevaluation within ninety (90) calendar days after receiving certification during its renewal year, or the preschool site does not report sustained adherence to the domains pursuant to Section 3 of this administrative regulation.

Section 7. Revocation. The department or designee may revoke, non-renew, or take other action regarding award of STARS certification to a preschool site pursuant to KRS 157.3175, 704 KAR 3:410, and 707 KAR Chapter 1.

Section 8. Appeals. If the department or its designee determines that a preschool site does not meet the standards for the STARS level for which the site is certified, a site shall accept a lower rating level or file a written request signed by the superintendent, upon approval of the local board of education, for reconsideration with the Commissioner of Education who shall respond in writing within thirty (30) days. If the preschool site disagrees with the response of the Commissioner of Education, it may request an administrative hearing pursuant to KRS Chapter 13B.

History

• RELATES TO: KRS 157.3175, 199.8943,
• STATUTORY AUTHORITY: KRS 156.160, 199.8943
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to promulgate administrative regulations establishing guidelines for the preschool program. KRS 199.8943 requires the Kentucky Department of Education, in consultation with the Early Childhood Advisory Council, to promulgate administrative regulations that implement a quality-based graduated early childhood rating system for public-funded preschool. This administrative regulation establishes the Kentucky All STARS Program, a quality based graduated early childhood rating system established in KRS 199.8943, for the state-funded preschool program.
• History: 704 KAR 003:015. 45 Ky.R. 215, 1016; eff. 11-2-2018; Crt eff. 6-9-2025.

704 KAR 3:035 Annual professional development plan {#sec-704-kar-3-035 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:035}

Section 1. Definitions.

(1) "Comprehensive District Improvement Plan" is defined by 703 KAR 5:225, Section 1(3).

(2) "Comprehensive School Improvement Plan" is defined by 703 KAR 5:225, Section 1(4).

(3) "Needs assessment" means the gathering, sorting, and analysis of student, educator, and system data that lead to conclusions regarding the need for content and learning designs for professional development in identified areas related to educator performance and student achievement.

(4) "Professional development" means professional learning that is an individual and collective responsibility, which fosters shared accountability among the entire education workforce for student achievement that:

(a) Aligns with the Kentucky Academic Standards in 704 KAR 3:303 and 704 KAR Chapter 8, educator effectiveness standards, individual professional growth goals, and school, school district, and state goals for student achievement;

(b) Focuses on content and pedagogy, as specified in certification requirements, and other related job-specific performance standards and expectations;

(c) Occurs among educators who share responsibility for student growth;

(d) Is facilitated by school and district leaders, including curriculum specialists, principals, instructional coaches, competent and qualified third-party facilitators, mentors, teachers or teacher leaders;

(e) Focuses on individual improvement, school improvement, and program implementation; and

(f) Is on-going.

(5) "Professional development program" means a sustained, coherent, relevant, and useful professional learning process that is measurable by indicators and provides professional learning and ongoing support to transfer that learning to practice.

Section 2. Each local school and district shall develop a process to design a professional development plan that meets the goals established in KRS 158.6451 and in the local needs assessment. A school professional development plan shall be incorporated into the school improvement plan and shall be made public prior to the implementation of the plan. The local district professional development plan shall be incorporated into the district improvement plan and posted to the local district Web site prior to the implementation of the plan.

Section 3. Each school and local district professional development plan shall contain the following five (5) elements:

(1) A clear statement of the school or district mission;

(2) Evidence of representation of all persons affected by the professional development plan;

(3) A needs assessment analysis;

(4) Professional development objectives that are focused on the school or district mission, derived from needs assessment, and that specify changes in educator practice needed to improve student achievement; and

(5) A process for evaluating impact on student learning and improving professional learning, using evaluation results.

Section 4.

(1) The school or district improvement plan shall, in compliance with 703 KAR 5:225 and aligned to the goals established in KRS 158.6451, address professional learning required to improve instruction.

(2) Professional development shall:

(a) Be related to the teachers' instructional assignments and the administrators' professional responsibilities;

(b) Be aligned with the school or district improvement plan or the individual professional growth plans of teachers;

(c) Occur within learning communities committed to continuous improvement, collective responsibility, and goal alignment;

(d) Be facilitated by skillful leaders who develop capacity and advocate and create support systems for professional learning;

(e) Be prioritized and monitored by the district;

(f) Use a variety of sources and types of student, educator, and system data to plan, assess, and evaluate professional learning;

(g) Integrate theories, research, and models of human learning to achieve its intended outcomes;

(h) Apply current research on systems change and sustain support for implementation of professional learning for long-term instructional improvement as evidenced by student growth;

(i) Align its outcomes with educator performance and student curriculum standards; and

(j) Focus resources on areas of identified need.

(3) Professional development shall not supplant any of the six (6) hour instructional day.

(4) A district may report flexible professional development on unpaid noncontact days. This shall require a district calendar change and the change shall be reported to the Department of Education.

(5) Professional development that relates to an individual professional growth plan may be used to satisfy the requirements for certification or renewal options as established by the Kentucky Education Professional Standards Board in Title 16 KAR.

(6)

(a) Professional development grant dollars may reimburse college or graduate course tuition expended for a teacher to deepen content knowledge and content-specific pedagogy in math, science, English/language arts, social studies, arts and humanities, and practical living and career studies, if the teacher is assigned to teach in those areas.

(b) The use of professional development funds for tuition reimbursement shall be specified in the district improvement plan approved by the school board or the school plan approved by the school council as to funds under its control.

(c) Particular content areas and grade levels, which qualify for reimbursement, may be specified based upon information about the level of academic preparation of the teacher employed, local student performance data, and student learning needs.

(7) Professional development credit shall not be awarded for those experiences that provide remuneration beyond travel, food, lodging, or tuition.

(8) A school district implementing a flexible professional development schedule shall award professional development credit for any experience that addresses the goals of the school, the goals of the district improvement plan, or the individual professional growth plans of teachers.

(9) Parent-teacher conferencing skill development shall be permissible as a professional development experience.

Section 5. The Qualifications and Duties of the District Professional Development Coordinator.

(1) Qualifications for the position of district professional development coordinator shall include:

(a) A staff member meeting the certification requirement for a professional development coordinator as established by the Education Professional Standards Board in 16 KAR 4:010;

(b) A demonstrated ability to work with schools to plan, design, implement, and evaluate professional development that aligns with the requirements of this administrative regulation; and

(c) A demonstrated ability to work with schools to connect professional development with effective instructional practices and student achievement data.

(2) Duties of the district professional development coordinator shall include:

(a) Facilitating analysis of student, educator, and system data to conduct the district professional development needs assessment;

(b) Coordinating the intradistrict alignment of professional learning to achieve identified goals and objectives for professional development;

(c) Building capacity of school leaders, school council members, and other school and district leaders to plan, access resources, implement, and evaluate professional learning;

(d) Disseminating professional development information to school councils, staff members, and professional development committees;

(e) Providing technical assistance to school councils on scheduling to allow for job embedded professional learning opportunities;

(f) Coordinating the planning, implementation, and evaluation of the district professional development plan that is aligned, supportive of, and developed in conjunction with school improvement plans;

(g) Coordinating the establishment of local policies, procedures, timetables, necessary forms and letters, assignment of workshop sites, and all other practical elements of professional development, including fiscal management;

(h) Maintaining, verifying, and, if appropriate, submitting district and school professional development records, documentation, and other pertinent information to the Department of Education;

(i) Explaining the district's professional development plan's objectives, results, and needs to school professionals, district staff, board members, civic and parent groups, teacher training institutions, and others, as requested;

(j) Maintaining contact with the Department of Education and other agencies involved in providing professional development; and

(k) Identifying, selecting, coordinating, and evaluating the services of third-party professional development providers.

Section 6. A maximum of fifteen (15) percent of the district's professional development grant may be used for administrative purposes.

Section 7. When implementing professional development plans under KRS 158.070, a local school or district shall adhere to its school or district improvement plan.

History

• RELATES TO: KRS 156.095, 158.070
• STATUTORY AUTHORITY: KRS 156.070, 156.095, 158.070(5)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.095 requires the Kentucky Board of Education to establish, direct, and maintain a statewide program of professional development to improve instruction in the public schools. KRS 158.070(5) requires the state board to promulgate administrative regulations establishing guidelines and procedures to be followed for the approval of the days utilized for four (4) days of the minimum school term required to be utilized by each local school district for professional development activities for the professional staff. This administrative regulation establishes the requirements for the annual professional development plan.
• History: 7 Ky.R. 697; Am. 902; eff. 4-23-81; 11 Ky.R. 251; eff. 9-11-84; 1472; eff. 5-14-85; 12 Ky.R. 1165; eff. 2-4-86; 1635; eff. 5-6-86; 17 Ky.R. 455; 1485; eff. 12-7-90; 3254; 18 Ky.R. 45; eff. 7-5-91; 3523; 19 Ky.R. 394; eff. 8-1-92; 394; 1885; eff. 4-19-93; 20 Ky.R. 843; eff. 12-6-93; 3311; eff. 8-4-94; 21 Ky.R. 2531; eff. 6-1-95; 25 Ky.R. 1141; eff. 1-19-99; 31 Ky.R. 1585; 1814; eff. 5-26-05; 40 Ky.R. 439; 1102; 1261; eff. 1-3-2014; 47 Ky.R. 1065, 1558; eff. 5-4-2021.

704 KAR 3:095 The Use of a Multitiered System of Supports {#sec-704-kar-3-095 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:095}

Section 1. Definitions.

(1) "Diagnostic assessment" means a formal or informal student assessment, utilizing valid and reliable tools, given to guide instruction and tailor interventions based upon individual student academic and behavioral strengths and needs to accelerate progress toward proficiency.

(2) "Differentiated" means the tailoring of curriculum, teaching environments, and practices to create appropriately different learning experiences to meet individual student needs while recognizing each student's learning differences, varying interests, readiness levels, and level of responsiveness to Tier 1 universal instruction.

(3) "Evidence-based" is defined by KRS 158.305(1)(f).

(4) "Implemented with fidelity" means the accurate and consistent delivery or application of instructional resources, interventions, and assessments as they were designed to be used.

(5) "Intervention" means an academic or behavioral instruction, practice, strategy, or curriculum that is identified through data-based problem-solving and provided to meet a student's academic and behavioral needs, in addition to Tier 1 universal instruction.

(6) "Multitiered system of supports" or "MTSS" means a multi-level prevention system designed to maximize student achievement and social and behavioral competencies through an integration of differentiated universal instruction, assessment, and intervention.

(7) "Tier 1 universal instruction" means instruction provided to all students based on the state's academic standards as set forth in 704 KAR 3:303 and 704 KAR Chapter 8, and is aligned with KRS 158.6451.

(8) "Tier 2 targeted intervention" means supplemental evidence-based intervention, in addition to and in alignment with Tier 1 universal instruction, for students identified by universal screening and diagnostic assessment data as at-risk for not meeting grade-level academic or behavioral benchmarks.

(9) "Tier 3 intensive intervention" means that, in addition to Tier 1 universal instruction and Tier 2 targeted intervention, a student is provided evidence-based intervention services, based on diagnostic assessment and progress monitoring data, with an intensity and duration matched to the student's individualized academic and behavioral needs.

(10) "Universal screening" means a systematic process of analyzing students' performance at certain points during the academic year, utilizing valid and reliable tools to assess the learning and achievement of all students in academics and related behaviors, that may include validated indicators such as course performance, attendance, and behavior data to evaluate the effectiveness of Tier 1 universal instruction and determine which students need closer monitoring or intervention.

Section 2. Each local school district shall implement a comprehensive MTSS for K-12 that includes:

(1) A tiered delivery system with a continuum of differentiated Tier 1 universal instruction, Tier 2 targeted intervention, and Tier 3 intensive intervention, delivered by individuals most qualified to provide the intervention services, to maximize each student's academic and behavioral outcomes;

(2) Universal screening and diagnostic assessments to determine individual student needs and baseline performance;

(3) Interventions that:

(a) Are evidence-based;

(b) Vary in intensity and duration based on student need;

(c) Meet the needs of the individual student;

(d) Are implemented with fidelity;

(e) Are delivered by individuals most qualified to provide the intervention services; and

(f) Are monitored through a comparison of baseline data collected prior to intervention and ongoing progress data;

(4) Support for early intervention to address academic and behavioral issues; and

(5) Data-based documentation of:

(a) Assessments or measures of behavior;

(b) Progress during instruction;

(c) Evaluation, at regular intervals, for continuous progress; and

(d) Individual student progress reports shared with the parents of each student in K-12 that summarize the student's academic skills, behavior, and any intervention plans and services being delivered.

Section 3. Each local district shall submit to the Kentucky Department of Education by October 1 of each year evidence demonstrating district-wide implementation of a comprehensive MTSS.

(1) Evidence provided by the district shall address implementation requirements as provided in Section 2 of this administrative regulation for grades K-12.

(2) The district shall also submit evidence of implementation for K-3 required by KRS 158.305(2).

History

• RELATES TO: KRS 156.070, 156.160, 156.488, 158.070(7), 158.305, 158.645, 158.6451, 158.6453(17)(b), 158.6459, 158.791
• STATUTORY AUTHORITY: KRS 156.070, 156.160, 156.488, 158.305(2),158.6459, 158.791
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 156.160(1) 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 158.305(2) requires the Kentucky Board of Education to promulgate administrative regulations to further define a multitiered system of supports for individual students in K-3that includes a tiered continuum of interventions, using evidence-based research, with varying levels of intensity and duration. KRS 158.6459 requires the Kentucky Department of Education to offer support and technical assistance to schools and school districts in developing accelerated learning opportunities to address academic deficiencies of high school students prior to high school graduation. KRS 156.488 requires the Kentucky Department of Education to develop enhanced courses in English, reading, and mathematics to be offered to students in grade 6, grade 9, grade 10, grade 11, and grade 12 who are academically behind. KRS 158.791 requires the Kentucky Department of Education to provide technical assistance to local school districts in the identification of professional development activities, including teaching strategies to address academic deficiencies of students. This administrative regulation establishes the requirements for a district-wide multitiered system of supports for students in K-12.
• History: 39 Ky.R. 1541; 1893; 2025; eff. 5-3-2013; Cert eff.12-9-2019, 50 Ky.R. 1572; eff. 6-4-2024.

704 KAR 3:285 Programs for the gifted and talented {#sec-704-kar-3-285 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:285}

Section 1. Definitions.

(1) "Acceleration options" means various forms of advancing through material or grade levels prior to the prescribed time based on early mastery, such as pretesting in content and being excused to go onto higher level activities, curriculum compacting or linear acceleration, simultaneous or dual enrollment in courses at different grade levels including postsecondary, early exit from school, and grade-skipping.

(2) "Advanced placement and honors courses" means courses emphasizing college-level content based on college board curricula and tests (advanced placement), or the provision of more challenging material through higher levels of content, process and product (honors courses).

(3) "Cluster group" means a group usually consisting of four (4) or more identified students placed in a heterogeneous classroom or other instructional setting with a teacher trained in the appropriate instruction of special needs students, specifically gifted and talented, for the purpose of receiving a differentiated educational experience matched to the student's needs, interests, and ability.

(4) "Collaborative teaching" means a gifted education teacher provides differentiated direct instruction in a regular classroom to a cluster group of identified gifted students in conjunction with the regular classroom teacher.

(5) "Consortium" means a collaboration of schools or districts that pool resources to provide appropriate services for gifted and talented students.

(6) "Consultation services" means the provision of instructional information and materials by the gifted teacher to the regular classroom teacher so that he may provide appropriate and adequate services to the gifted student while in the regular classroom setting.

(7) "Counseling services" means effectively-based counseling assistance planned in coordination with the gifted teacher and provided by a counselor familiar with the characteristics and socioemotional needs of gifted and talented students.

(8) "Creative or divergent thinking ability" means possessing either potential or demonstrated ability to perform at an exceptionally high level in creative thinking and divergent approaches to conventional tasks as evidenced by innovative or creative reasoning, advanced insight and imagination, and solving problems in unique ways.

(9) "Diagnosis" means the evaluation and determination of the appropriate type and level of service options which would meet a given individual child's interests, needs, and abilities.

(10) "Differentiated service experiences" means educational experiences which extend, replace, or supplement learning beyond the standard curriculum.

(11) "Differentiation" means a method through which educators shall establish a specific, well-thought-out match between learner characteristics in terms of abilities, interests, and needs, and curriculum opportunities in terms of enrichment and acceleration options which maximize learning experiences.

(12) "Disadvantaged" means operating under conditions detrimental to normal cognitive or affective growth due to socioeconomic limitations, cultural factors, geographic isolation, or various combinations of these factors to a degree that requires special considerations.

(13) "Distance learning" means learning opportunities offered through the use of computer technology and satellite transmission or optical fiber transmission.

(14) "Extracurricular enrichment opportunities" means differentiated, academically-based activities that supplement classroom instruction and are often after school and competitive in nature, such as academic teams.

(15) "Formal identification" means a process by which a student in grades four (4) through twelve (12) is identified and diagnosed as having gifted characteristics and behaviors using a balanced combination of criteria specific to a category of giftedness - intellectual aptitude, specific academic aptitude, creativity, leadership, or visual and performing arts, and by which a student may be determined eligible for various levels of services in each category in which the student meets the criteria.

(16) "General intellectual ability" means possessing:

(a) Either the potential or demonstrated ability to perform at an exceptionally high level in general intellectual ability, which is usually reflected in extraordinary performance in a variety of cognitive areas, such as abstract reasoning, logical reasoning, social awareness, memory, nonverbal ability and the analysis, synthesis, and evaluation of information; and

(b) A consistently outstanding mental capacity as compared to children of one's age, experience, or environment.

(17) "Gifted and talented identification and placement committee" means a school or district committee made up of the gifted education coordinator or a gifted education teacher and representatives from classroom teachers, administrators, counselors, special education teachers and other appropriate personnel who follow district policies and procedures to formally identify and determine level and type of service options.

(18) "Gifted and talented student services plan" means an educational plan that matches a formally identified gifted student's interests, needs, and abilities to differentiated service options and serves as the communication vehicle between the parents and school personnel.

(19) "High potential learners" means those students who typically represent the top quartile (twenty-five (25) percent) of the entire student population in terms of the degree of demonstrated gifted characteristics and behaviors and require differentiated service experiences to further develop their interests and abilities.

(20) "Independent study" means a self-directed course or study of a selected topic under the supervision of a teacher or the auspices of a university.

(21) "Informal selection" means a process by which a student in the primary program is documented as having the characteristics and behaviors of a high potential learner in one (1) or more categories using a series of informal measures for the purpose of determining eligibility for the talent pool.

(22) "Instructional grouping" means the temporary grouping of students for the purposes of addressing specific continuous progress skill development, socioemotional needs, and interests.

(23) "Magnet school" means a school which is organized around an area of interests, draws students from an entire community, and has no specific entrance standards except interest in the focus of the school (e.g., a magnet school for the arts or a magnet school for science and mathematics).

(24) "Mentorship" means specialized studies, such as an internship, with an adult mentor in the community and under the direction of an educator knowledgeable in gifted education.

(25) "Primary review committee" means primary teachers, counselors, administrators, gifted education personnel, and other appropriate personnel familiar with the child's potential or demonstrated abilities.

(26) "Psychosocial or leadership ability" means possessing either potential or demonstrated ability to perform at an exceptionally high level in social skills and interpersonal qualities such as poise, effective oral and written expression, managerial ability, and the ability, or vision, to set goals and organize others to successfully reach those goals.

(27) "Resource services" means a service delivery option that:

(a) Entails a part-time grouping of students with gifted characteristics based on the interests, needs and abilities of the students;

(b) Is designed for accelerated content, special interest groups, process skills development or various combinations of all; and

(c) Is provided in a pull-out classroom or other appropriate instructional setting.

(28) "Seminars" means discussion-based sessions on specific topics focusing on advanced content and higher level process skills.

(29) "Special school" means a specialized school designed to:

(a) Serve gifted students in grades four (4) through twelve (12) in specific academic areas (such as a magnet school in science and mathematics); or

(b) Develop specific areas of giftedness such as visual and performing arts.

(30) "Specific academic aptitude" means possessing either potential or demonstrated ability to perform at an exceptionally high level in one (1), or very few related, specific academic areas significantly beyond the age, experience or environment of one's chronological peers.

(31) "Talent pool" means a group of primary students informally selected as having characteristics and behaviors of a high potential learner and further diagnosed using a series of informal and formal measures to determine differentiated service delivery needs during their stay in the primary program.

(32) "Travel study options" means academically-based United States and overseas travel which may result in high school or university course credit.

(33) "Underachieving" means the development of a significant gap between a student's potential ability and demonstrated achievement to a degree that there is an overall diminished ability to achieve at the expected level of ability.

(34) "Visual or performing arts ability" means possessing either potential or demonstrated ability to perform at an exceptionally high level in the visual or performing arts and demonstrating the potential for outstanding aesthetic production, accomplishment, or creativity in visual art, dance, music, or drama.

Section 2. Policies and Procedures. A local school district shall have in operation and available for public inspection local board approved policies and procedures which address each requirement in this administrative regulation and are consistent with KRS 157.200, 157.224, 157.230 and 703 KAR 4:040.

Section 3. Identification and Diagnosis of Gifted Characteristics, Behaviors, and Talent and Determination of Eligibility for Services.

(1) A district shall adopt policies and procedures which shall provide for identification and diagnosis of strengths, gifted behaviors and talents through:

(a) Informal selection and diagnosis in the primary program;

(b) Formal identification and continuous diagnosis of a student in grades four (4) through twelve (12); and

(c) Provision of multiple service delivery options in primary through grade twelve (12).

(2) A local school district shall establish a procedure that identifies students displaying gifted and talented behaviors and characteristics as defined in KRS 157.200 and Section 1 of this administrative regulation and allows for determination of eligibility for services based on the student's individual needs, interests and abilities. This procedure shall include a combination of informal measures, formal measures and objective-based eligibility criteria. Determination of appropriateness of level and type of services provided to a student shall be subject to continuous assessment.

(3) A local school district shall provide a system for diagnostic screening and identification of strengths, gifted behaviors and talents which provides equal access for racial and ethnic minority children, disadvantaged children, and children with disabilities.

(4) District identification and diagnosis procedures for appropriate services shall be based upon a balanced multiple criteria approach, continuous and multiple long-term assessment, and early identification and diagnosis of strengths, gifted behaviors and talents.

(5) A local school district shall implement a procedure to obtain parental or guardian permission prior to the administration of an individual test, given as a follow-up to a test routinely administered to all students, used in formal identification and prior to official identification and placement.

(6) Beginning with the 2001-2002 school year, a local school district shall implement a procedure to obtain information related to the interests, needs, and abilities of an identified student from his parent or guardian for use in determining appropriate services. A parent or guardian of an identified student shall be notified annually of services included in his child's gifted and talented student services plan and specific procedures to follow in requesting a change in services.

(7) In the primary program, formal, normed measures may be used for diagnosing the level of instructional service needed by a student and for evaluation of student progress. Data from formal, normed measures shall not be used for the purpose of eliminating eligibility for services to a child in the primary program but may be used to discover and include eligible students overlooked by informal assessment.

(8) A single assessment instrument or measure shall not be the basis for denying services once a child has been informally selected and placed in the talent pool.

(9) For children in the primary program, the procedure for selecting a high potential learner for participation in the primary talent pool shall include use of a minimum of three (3) of the following recognized or acceptable assessment options to assess the degree of demonstrated gifted characteristics and behaviors and to determine level of need and most appropriate service interventions:

(a) A collection of evidence (e.g., primary portfolios) demonstrating student performance;

(b) Inventory checklists of behaviors specific to gifted categories;

(c) Diagnostic data;

(d) Continuous progress data;

(e) Anecdotal records;

(f) Available formal test data;

(g) Parent interview or questionnaire;

(h) Primary review committee recommendation;

(i) Petition system; and

(j) Other valid and reliable documentation.

(10) Exit from the primary program shall be based on criteria established by 703 KAR 4:040.

(11) For a student in grades four (4) through twelve (12), a local school district's procedure for identifying and diagnosing gifted and talented behaviors, and the level of services needed, shall include:

(a) A valid and reliable combination of measures to identify strengths, gifted behaviors and talents which indicate a need and eligibility for service options;

(b) At least three (3) of the following recognized or acceptable assessment options for identification and diagnosis:

1. A collection of evidence from portfolios demonstrating student performance;

2. Inventory checklists of behaviors specific to gifted categories;

3. Continuous progress data;

4. Anecdotal records;

5. Peer nominations;

6. Formal testing data specific to gifted categories;

7. Parent interview or questionnaire;

8. Primary review committee recommendation for those entering the fourth grade;

9. Self-nomination or petition system;

10. Student awards or critiques of performance or products specific to gifted categories; and

11. Other valid and reliable documentation;

(12) To qualify as a gifted and talented student in grades four (4) through twelve (12), the following criteria shall be met in one (1) of these gifted and talented categories:

(a) General intellectual ability shall be determined by a student score within the ninth stanine on a full scale comprehensive test of intellectual ability. If a student scores low on formal group measures of intellectual ability, yet other documentation shows potential, the district shall administer an individual mental ability test. Evidence of general intellectual ability also may include:

1. High performance on additional individual or group intellectual assessment;

2. Observation of applied advanced reasoning ability; or

3. Checklist inventories of behaviors specific to underachieving or disadvantaged gifted learners.

(b) Specific academic aptitude shall be determined by composite scores in the ninth stanine on one (1) or more subject test scores of an achievement test. If a student scores low on a formal group measure of academic strength, yet other documentation shows potential, the district shall administer another standardized normed achievement test. Evidence of specific academic aptitude also may include:

1. High performance on an additional individual or group test of academic aptitude;

2. Student awards or critiques of performances;

3. Off-level testing;

4. Portfolio of high academic performances; or

5. Student progress data.

(c) Creativity shall be determined through the use of informal or formal assessment measures of a child's capacity for originality of thought, fluency, elaboration, and flexibility of thought. Documented evidence of creative thinking ability also may include:

1. Creative writing samples;

2. High scores on tests of creative ability (e.g., Williams or Torrance, etc.);

3. Behavioral checklists or observations specific to creative behavior; or

4. Observation of original ideas, products or problem-solving.

(d) Leadership or psychosocial abilities shall be determined by a variety of informal measures and the documentation of the willingness of a student to assume leadership roles in class, in a student organization, and in a community activity. Evidence of psychosocial or leadership ability also may include:

1. Sociograms (i.e., questionnaires designed to assess leadership characteristics);

2. Peer recommendations;

3. Behavioral checklists or observations specific to leadership behavior;

4. Portfolio entries which display leadership qualities; or

5. Offices held by student in extracurricular activities and class government.

(e) Visual and performing arts talent shall be determined through evidence of performance which may include auditions, letters of recommendations, or product or portfolio assessment by specialists or professional artists. Evidence of visual or performing arts also may include:

1. Awards or critiques of performance; or

2. Portfolio of visual or performing arts ability.

Section 4. Procedure for Determining Eligibility for Services.

(1) Identification of gifted characteristics, behaviors and talent shall be based on the following process:

(a) Data gathering. A district shall develop a system for searching the entire school population on a continuous basis for likely candidates for services using both informal and available formal, normed, standardized measures, including measures of nonverbal ability;

(b) Data analysis. A district shall develop a system for analyzing student data for the purposes of a comparison of the students under consideration for identification to local or national norms, including those required in this administrative regulation, and to district-established criteria of eligibility for each category of giftedness;

(c) Committee for determination of eligibility and services. A school district or school shall assemble a selection and placement committee which shall have four (4) purposes:

1. To provide feedback on the adequacy of the district's identification and diagnostic procedure;

2. To ensure that a variety of views are heard during the selection and placement process;

3. To determine which students meet identification criteria and which services, at what level, shall be included in each identified student's gifted and talented student services plan; and

4. To help provide communication and support in the schools and community;

(d) Provision of services. A district shall implement articulated services from primary through grade twelve (12) which provide multiple delivery options matched to diagnosed behaviors, strengths and characteristics of individual students; and

(e) Petition and appeal for services. A district shall provide a petition system as a safeguard for a student who may have been missed in the identification and diagnosis procedure.

(2) Exceptions and special considerations for eligibility. School personnel shall take into consideration environmental, cultural, and disabling conditions which may mask a child's true abilities that lead to exclusion of otherwise eligible students, such as a student who qualifies as:

(a) An exceptional child as defined in KRS 157.200;

(b) Disadvantaged; or

(c) Underachieving.

Section 5. Program Evaluation.

(1) District policies and procedures shall ensure that a program evaluation process shall be conducted on an annual basis and shall address:

(a) Overall student progress;

(b) Student, parent, and faculty attitudes toward the program;

(c) Community involvement;

(d) Cost effectiveness;

(e) The incorporation of gifted education into the regular school program;

(f) Overall quality of instruction and program personnel credentials; and

(g) Future program directions and modifications.

(2) Data collected in the annual program evaluation shall be utilized in the school and district instructional planning process.

(3) Beginning with the 2001-2002 school year, local district policies and procedures shall ensure that the school personnel report to a parent or guardian the progress of his child related to the gifted and talented student services plan at least once each semester.

Section 6. Service Delivery Options.

(1) A student diagnosed as possessing gifted characteristics, behaviors or talent shall be provided articulated, primary through grade twelve (12) services which:

(a) Are qualitatively differentiated to meet his individual needs;

(b) Result in educational experiences commensurate with his interests, needs and abilities; and

(c) Facilitate the high level attainment of goals established in KRS 158.6451.

(2) For a student in a primary program, services shall be provided within the framework of primary program requirements and shall allow for continuous progress through a differentiated curriculum and flexible grouping and regrouping based on the individual needs, interests, and abilities of the student.

(3) Emphasis on educating gifted students in the general primary classroom, shall not preclude the continued, appropriate use of resource services, acceleration options, or the specialized service options contained in subsection (5) of this section. A recommendation for a service shall be made on an individual basis.

(4) Grouping for instructional purposes and multiple services delivery options shall be utilized in a local district gifted education plan. Student grouping formats shall include grouping for instructional purposes based on student interests, abilities, and needs, including social and emotional.

(5) There shall be multiple service delivery options with no single service option existing alone, districtwide, at a grade level. These service delivery options shall be differentiated to a degree as to be consistent with KRS 157.200(1). Both grouping for instructional purposes and multiple service delivery options may include:

(a) Various acceleration options (e.g., early exit from primary, grade skipping, content and curriculum in one (1) or more subjects from a higher grade level);

(b) Advanced placement and honors courses;

(c) Collaborative teaching and consultation services;

(d) Special counseling services;

(e) Differentiated study experiences for individuals and cluster groups in the regular classroom;

(f) Distance learning;

(g) Enrichment services during the school day (not extracurricular);

(h) Independent study;

(i) Mentorships;

(j) Resource services delivered in a pull-out classroom or other appropriate instructional setting;

(k) Seminars;

(l) Travel study options; or

(m) Special schools or self-contained classrooms, grades four (4) through twelve (12) only.

(6) With the exception of an academic competition or optional extracurricular offering, services shall be provided during the regular school hours.

Section 7. Curriculum.

(1) A comprehensive framework or course of study for children and youth who are diagnosed as possessing gifted characteristics, behaviors and talent shall be based on a district or school's curricula required to meet the goals established in KRS 158.6451.

(2) A school shall differentiate, replace, supplement, or modify curricula to facilitate high level attainment of the learning goals established in KRS 158.6451 and to assist students identified and diagnosed as gifted and talented to further develop their individual interest, needs and abilities.

Section 8. Personnel. A local school district shall ensure that direct services to students identified as demonstrating gifted and talented behaviors and characteristics shall be provided by professionally qualified and certified personnel as required by the Education Professional Standards Board.

(1) A teacher shall be appropriately endorsed in gifted education in accordance with 704 KAR 20:280 if the teacher works:

(a) directly with identified gifted pupils in addition to the regularly assigned teacher; or

(b) For at least one-half (1/2) of the regular school day in a classroom made up only of properly identified gifted students.

(2) All other personnel working with gifted students shall be prepared through appropriate professional development to address the individual needs, interests, and abilities of the students.

Section 9. Budget; Funding.

(1) State funds for gifted education shall be used specifically for direct services to students who are gifted and talented. Direct services to students identified as demonstrating gifted and talented behaviors and characteristics shall be provided by professionally qualified and certified personnel as required by the Education Professional Standards Board in 704 KAR 20:280. Seventy-five (75) percent of a district's gifted education allocation shall be used to employ properly certified personnel to provide direct instructional services.

(2) A local district budget decision impacting state funds for gifted education after the annual submission of the local district education plan shall be coordinated through the district gifted education coordinator. If the change will cause a major or significant adjustment to the district gifted education budget, the change shall be submitted to the Kentucky Department of Education for approval as an amendment.

(3) A district receiving state gifted education funding shall designate a gifted education coordinator to:

(a) Oversee the district gifted education operation;

(b) Serve as liaison between the district and the state;

(c) Ensure internal compliance with state statutes and administrative regulations; and

(d) Administer and revise the gifted education program budget.

(4) State funding to a district shall be contingent upon:

(a) Employing properly certified personnel to administer and teach in the program;

(b) The annual submission of a local district gifted education year-end report;

(c) A summative evaluation of the program and student progress; and

(d) Complying with this administrative regulation.

Section 10. Procedural Safeguards. A school district shall establish a grievance procedure through which a parent, guardian or student may resolve a concern regarding the appropriate and adequate provision of talent pool services or services addressed in a formally identified student's gifted and talented student services plan. This districtwide grievance procedure shall address:

(1) How, and by whom, the grievance procedure is initiated;

(2) The process for determining the need to evaluate or reevaluate the child for appropriate services;

(3) The criteria for determining if placement of the child needs revision;

(4) Procedures for ensuring that appropriate services are provided to all identified students consistent with KRS 157.200 and 157.230; and

(5) Procedures for ensuring the participation of the parent or guardian, a regular education teacher of the student, a gifted education teacher or coordinator, administrator, and a counselor in addressing a grievance.

History

• RELATES TO: KRS 157.196, 157.200(1)(n), 157.224, 157.230
• STATUTORY AUTHORITY: KRS 156.070, 157.196(3), 157.220, 157.224
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 157.200(1)(n) includes within the definition of "exceptional children" a category of "exceptional students" who are identified as possessing demonstrated or potential ability to perform at an exceptionally high level in general intellectual aptitude, specific academic aptitude, creative or divergent thinking, psychosocial or leadership skills, or in the visual or performing arts. KRS 157.224(1) commits the state to a comprehensive educational program for its exceptional school-aged children. KRS 157.230 requires all school districts to operate programs for resident exceptional children, primary - grade twelve (12). This administrative regulation establishes the requirements for programs for gifted and talented students.
• History: 704 KAR 003:285. 4 Ky.R. 528; eff. 7-5-1978; 9 Ky.R. 40; eff. 8-11-1982; 17 Ky.R. 111; eff. 9-13-1990; 20 Ky.R. 1685; 2350; eff. 3-9-1994; 26 Ky.R. 203; 608; eff. 9-1-1999; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

704 KAR 3:292 Education of migratory children {#sec-704-kar-3-292 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:292}

Section 1. Definitions.

(1) "Comprehensive needs assessment" means a systematic set of procedures that are used to determine needs, examine their nature and causes, and set priorities for future action.

(2) "Migrant staff" means any individual that is fully or partially paid using migrant funds.

(3) "Migratory child" or "migratory student" is defined in 20 U.S.C. 6399(3).

(4) "Out-of-school youth" means an individual who:

(a) Has not attained the age of twenty-one (21) years old;

(b) Has not completed high school or the equivalent thereof; and

(c) Is not currently enrolled in an elementary or secondary school.

(5) "Qualifying move" is defined in 20 U.S.C. 6399(5).

(6) "Service delivery plan" means a set of principles, standards, polices, and constraints to be used to guide the designs, development, deployment, operation, and retirement of services.

Section 2. Program Development and Implementation.

(1) The department shall implement services to migratory children in accordance with Kentucky's consolidated State plan under ESEA using a service delivery plan responsive to a comprehensive needs assessment.

(2) In the planning and operation of migratory education programs not less than one (1) school year in duration, the department and its local operating agencies shall consult with parents of migratory children and shall ensure such programs:

(a) Comply with the parental involvement requirements in 20 U.S.C. 6318, unless doing so would be impractical; and

(b) Are understandable, in both format and language, to parents.

(3) The department shall work closely with programs at the state, regional, and local levels to identify and meet the needs of all migratory children, including preschool migratory students and migratory children that have dropped out of school. Pursuant to 20 U.S.C. 6394(d), priority shall be given to migratory children who have made a qualifying move within the previous one (1) year period and who are failing, or most at risk of failing, or have dropped out of school.

(4) The department shall identify and recruit migratory children and may do so using:

(a) Statewide recruitment and training;

(b) Regionally-based recruitment and training; or

(c) Locally-based recruitment and training.

(5) After a child is identified as migratory, the child shall be enrolled in all applicable programs and provided access to other resources that address the child's specific educational needs. The department may directly provide services to the child if the child's needs are not being met by other available programs and resources.

(6) Migrant staff shall attend annual training as approved by the department.

Section 3. Program Evaluation.

(1) The department and its local operating agencies shall establish objectives and evaluate outcomes for migratory education programs in the following areas:

(a) Reading and writing;

(b) Math;

(c) High school dropout and prevention;

(d) School readiness; and

(e) Out-of-school youth.

(2) Information to be used by the department and its local operating agencies in evaluating migratory education program outcomes may include:

(a) Data on student eligibility and enrollment as well as provided services;

(b) Assessment data which may include the record of state performance targets and outcomes for statewide assessments, kindergarten readiness screener results, end of course results, graduation rates, or local assessment results;

(c) Information on attendance, grades, and teachers of records;

(d) Parent surveys;

(e) Data from regionally-based recruitment and training programs; or

(f) Annual program monitoring results.

Section 4. Coordination of Services.

(1) Pursuant to 20 U.S.C. 6394(c)(1)(B), the department and its local operating agencies shall jointly plan migratory education programs with similar programs within the state and in other states as well as with other federal programs as appropriate.

(2) Pursuant to 20 U.S.C. 6394(b)(3), the department and its local operating agencies shall facilitate educational continuity through the timely transfer of student records when children move from one school to another.

History

• RELATES TO: KRS 156.010, 156.035, 156.070, 20 U.S.C. 6391-6399
• STATUTORY AUTHORITY: KRS 156.035, 156.070, 20 U.S.C. 6391-6399
• NECESSITY, FUNCTION, AND CONFORMITY: Section 1306 of the Elementary and Secondary Education Act of 1965 (ESEA) as amended by the Every Student Succeeds Act requires migratory education programs receiving funding under Title I, Part C to ensure the unique educational needs of migratory children are identified and addressed. This administrative regulation establishes, in accordance with Kentucky's consolidated State plan under ESEA, how the Kentucky Department of Education (department) and its local operating agencies comply with ESEA Section 1306.
• History: 5 Ky.R. 832; eff. 6-6-1979; Am. 6 Ky.R. 546; eff. 6-4-1980; 7 Ky.R. 784; eff. 5-6-1981; 8 Ky.R. 1162; eff. 6-2-1982; 9 Ky.R. 1164; eff. 5-4-1983; 10 Ky.R. 1097; eff. 5-1-1984; 11 Ky.R. 1473; eff. 5-14-1985; 12 Ky.R. 1637; eff. 5-6-1986; 13 Ky.R. 1733; eff. 5-14-1987; 14 Ky.R. 2216; eff. 7-21-1988; 16 Ky.R. 203; eff. 10-8-1989; 17 Ky.R. 2047; eff. 2-7-1991; 20 Ky.R. 3313; eff. 8-4-1994; 45 Ky.R. 1410, 2341; eff. 3-8-2019.

704 KAR 3:305 Minimum requirements for high school graduation {#sec-704-kar-3-305 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:305}

Section 1. Definitions.

(1) "Continuity of services plan" means a plan that outlines the ways in which a student will receive access to essential services that shall end if the student graduates early.

(2) "Early Graduation Scholarship Certificate" means a certificate, awarded by the district and signed by the principal and superintendent, that shall qualify the recipient to be awarded a high school diploma and a scholarship award for the next academic year following graduation to be used at a Kentucky public two (2) year community and technical college or a Kentucky four (4) year public or non-profit independent institution accredited by the Southern Association of Colleges and Schools.

(3) "Early Graduation Program" or "EGP" means an optional, criteria-based program in which a student may receive a high school diploma from the school district, an Early Graduation Scholarship Certificate, and a scholarship award upon successful completion of all program requirements provided in Section 4 of this administrative regulation in three (3) academic years or less.

(4) "Graduate early" means a student is awarded a high school diploma from the district, in under four (4) academic years from the start of grade 9, based upon meeting all minimum graduation requirements of this administrative regulation and additional requirements as may be imposed by a local board of education.

(5) "Individual Learning Plan" or "ILP" is defined in 704 KAR 19:002.

(6) "Performance-based project, portfolio, or capstone" means a multifaceted academic and intellectual experience culminating in a student-led demonstration of critical knowledge, skills, and capacities required for postsecondary and career success.

Section 2.

(1) A district shall implement an advising and guidance process throughout the middle and high schools to provide support for the development and implementation of an individual learning plan for each student. The plan shall include career development and awareness and specifically address the content as provided in the Kentucky academic standards for career studies established in 704 KAR 8:080. The individual learning plan shall not be a substitute for the statement of transition service needs for students with disabilities as provided in 707 KAR 1:320.

(2) A district shall develop a method to evaluate the effectiveness and results of the individual learning plan process. The evaluation method shall include input from students, parents, and school staff. As part of the evaluation criteria, the district shall include indicators related to the status of the student in the twelve (12) months following the date of graduation.

(3) A feeder middle school and a high school shall work cooperatively to ensure that each student and parents receive information and advising regarding the relationship between education and career opportunities. Advising and guidance shall include information about financial planning for postsecondary education.

(4) A school shall maintain each student's individual learning plan. The individual learning plan shall be readily available to the student and parents and reviewed and approved at least annually by the student, parents, and school officials.

(5) Beginning with a student's eighth grade year, the individual learning plan shall set learning goals for the student based on academic and career interests and shall identify required academic courses, electives, and extracurricular opportunities aligned to the student's postsecondary goals. The school shall use information from the individual learning plans about student needs for academic and elective courses to plan academic and elective offerings.

(6) The development of the individual learning plan for each student shall be established within the first ninety (90) days of the sixth grade year and shall focus on career exploration and related postsecondary education and training needs.

Section 3.

(1) To receive a high school diploma, each student in a public school shall earn a total of at least twenty-two (22) credits for high school graduation.

(2) The required credits shall include the content standards as provided in the Kentucky academic standards, established in 704 KAR Chapter 8.

(3) Additional standards-based learning experiences shall align to the student's individual learning plan and shall consist of standards-based content.

(4) Each student shall be required to earn the following ten (10) foundational credits:

(a) English/language arts - two (2) credits (English I and II) to include the content contained in the Kentucky academic standards for this content area;

(b) Social studies - two (2) credits to include the content contained in the Kentucky academic standards for this content area;

(c) Mathematics - two (2) credits (Algebra I and Geometry) to include the content contained in the Kentucky academic standards for this content area;

(d) Science - two (2) credits that shall incorporate lab-based scientific investigation experiences and include the content contained in the Kentucky academic standards for this content area;

(e) Health - one-half (1/2) credit to include the content contained in the Kentucky academic standards for this content area;

(f) Physical education - one-half (1/2) credit to include the content contained in the Kentucky academic standards for this content area; and

(g) Visual and performing arts - one (1) credit to include the content contained in the Kentucky academic standards for this content area or a standards-based specialized arts course based on the student's individual learning plan.

(5) Each student shall be required to earn, the following twelve (12) personalized credits:

(a) Two (2) additional English/Language Arts credits that include the content contained in the Kentucky academic standards for this content area and are aligned to the student's individual learning plan;

(b) Two (2) additional mathematics credits that include the content contained in the Kentucky academic standards for this content area and are aligned to the student's individual learning plan;

(c) One (1) additional science credit that includes the content contained in the Kentucky academic standards for this content area and is aligned to the student's individual learning plan;

(d) One (1) additional social studies credit that includes the content contained in the Kentucky academic standards for this content area and is aligned to the student's individual learning plan; and

(e) Academic and career interest standards-based learning experiences - six (6) credits including four (4) standards-based learning experiences based on the student's individual learning plan.

(6) To earn a high school diploma, each student shall complete the following additional requirements:

(a) Successfully demonstrate performance-based competency in technology that includes the content contained in the Kentucky academic standards for this content area and is aligned to the student's individual learning plan;

(b) Successfully meet the civics requirement pursuant to KRS 158.141; and

(c) Successfully meet the financial literacy requirements pursuant to KRS 158.1411 and standards as established in 704 KAR Chapter 8.

Section 4.

(1) Only students who meet the criteria established in this section shall be eligible for the Early Graduation Program:

(a) Students wishing to participate in the EGP shall indicate that intent to the secondary school principal by submitting the Early Graduation Program Letter of Intent Form at the beginning of grade 9 or as soon as the intent is known to the student, but no later than the first thirty (30) school days of the academic year in which the student intends to graduate;

(b) Schools and districts shall not prohibit a student from completing the EGP if the student meets all requirements provided in this section;

(c) Students who enroll in the EGP and meet the criteria provided in this section shall receive a high school diploma, an Early Graduation Scholarship Certificate, and scholarship award;

(d) The school or district shall enter the enrolled EGP student into the student information system by October 15 of the year in which the student intends to graduate; and

(e) A student who has indicated an intent to complete the EGP may participate in the state administration of the college entrance exam prior to the junior year, if needed.

(2) The local school district shall provide each high school with a policy established by the local board of education for students wishing to participate in the EGP. The district policy shall include:

(a) Criteria for supporting the development and monitoring of the student individual learning plan, as provided in Section 2 of this administrative regulation;

(b) Goal planning related to the demonstration of the capacities listed in KRS 158.645 and the essential workplace ethics characteristics listed in KRS 158.1413(1);

(c) Completion of a professional resume; and

(d) Completion of one (1) postsecondary admissions application that may be used at a Kentucky public two (2) year community and technical college or a Kentucky four (4) year public or non-profit independent institution accredited by the Southern Association of Colleges and Schools in which the student is interested in applying.

(3) Each EGP participant, with the support of the comprehensive school counselor, or designee, shall:

(a) Submit the Early Graduation Program Student Letter of Intent Form, signed by the student's parents, to the principal as required in subsection (1)(a) of this section;

(b) Identify all EGP requirements and develop a strategy within the individual learning plan for meeting those requirements;

(c) Complete an entrance interview with the principal, or designee, to discuss postsecondary goals and career aspirations;

(d) Meet the college readiness benchmarks established by the Council on Postsecondary Education in 13 KAR 2:020 for placement in credit-bearing courses without the need for remediation;

(e) Earn the ten (10) foundational credits listed in Section 3(4) of this administrative regulation;

(f) Successfully meet the financial literacy requirements pursuant to KRS 158.1411 and standards as established in 704 KAR Chapter 8;

(g) Successfully meet the civics requirement pursuant to KRS 158.141; and

(h) Successfully complete the EGP performance-based project, portfolio, or capstone established in subsection (4) of this section.

(4) The local board of education shall establish a policy requiring high schools to develop performance descriptors and evaluation procedures for an EGP performance-based project, portfolio, or capstone.

(a) Performance descriptors and evaluation procedures developed by the high school shall be designed to provide students an opportunity to demonstrate the critical knowledge, skills, and capacities required for postsecondary and career success and shall include:

1. Demonstration of capacities listed in KRS 158.645 and the essential workplace ethics characteristics listed in KRS 158.1413(1);

2. Demonstration of an ability to apply the Kentucky academic standards, established in 704 KAR Chapter 8, as a life-long learner and contributing member of society;

3. Demonstration of written and verbal communication skills needed for postsecondary and career success; and

4. Demonstration of an ability to think critically, synthesize information, and draw conclusions.

(b) A school shall maintain and make readily available to the Kentucky Department of Education the EGP participant's performance-based project, portfolio, or capstone for a minimum of five (5) years.

Section 5.

(1) A local board of education may substitute an integrated, applied, interdisciplinary, occupational, technical, or higher level course for a required course if the alternative course provides rigorous content.

(2) For students with disabilities, a local board of education may substitute a functional, integrated, applied, interdisciplinary, occupational, technical, or higher level course for a required course if the alternative course provides rigorous content. These shall be based on grade-level content standards and may be modified to allow for a narrower breadth, depth, or complexity of the general grade-level content standards.

Section 6.

(1) A local board of education shall award credit toward high school graduation based on:

(a) A standards-based Carnegie unit credit that shall consist of at least 120 hours of instructional time in one (1) subject; or

(b) A performance-based credit based on the Kentucky academic standards, established in 704 KAR Chapter 8, regardless of the number of instructional hours in one (1) subject.

(2) A local board of education which has chosen to award performance-based credit shall adopt a policy that awards performance-based credit toward high school graduation for satisfactory demonstration of learning based on rigorous performance standards aligned to 704 KAR Chapter 8.

(3) A school shall establish performance descriptors and evaluation procedures to determine if the content and performance standards have been met.

(4) A local board of education which has chosen to award performance-based credit shall award a standards-based credit earned by a student enrolled in grade 5, 6, 7, or 8 if:

(a) The content of the course is the same as that described in the Kentucky academic standards, established in 704 KAR Chapter 8; and

(b) The district has criteria in place to make a reasonable determination that the middle level student is capable of success in the high school course.

(5) A local board of education which has chosen to award performance-based credit shall establish a policy that shall include:

(a) The procedures for developing a performance-based credit system and for amending the system;

(b) The conditions under which each high school may grant performance-based credits and the related performance descriptors and assessments;

(c) Objective grading and reporting procedures;

(d) Alignment to content standards established in 704 KAR Chapter 8;

(e) The extent to which state-provided assessments will be used in the local performance-based credit system;

(f) The ability for students to demonstrate proficiency and earn credit for learning acquired outside of school or in prior learning; and

(g) Criteria to ensure that internships, cooperative learning experiences, and other learning experiences in the school and community are:

1. Designed to further student progress towards the individual learning plan;

2. Supervised by qualified instructors; and

3. Aligned with state and local content and performance standards.

(6) A board of education may award standards-based, performance-based credit toward high school graduation for:

(a) Standards-based course work that constitutes satisfactory demonstration of learning in any high school course, consistent with this administrative regulation;

(b) Standards-based course work that constitutes satisfactory demonstration of learning in a course for which the student failed to earn credit when the course was taken previously;

(c) Standards-based portfolios, projects, or capstones;

(d) Standards-based online or other technology mediated courses;

(e) Standards-based dual credit or other equivalency courses; or

(f) Standards-based internship, cooperative learning experience, or other supervised experience in the school or the community.

Section 7.

(1) A student who satisfactorily completes the requirements of this administrative regulation and additional requirements as may be imposed by a local board of education or meets the requirements for the Early Graduation Program established in Section 4 of this administrative regulation shall be awarded a graduation diploma.

(2) A local board shall not adopt any high school graduation requirements that include achieving a minimum score on a statewide assessment as established in KRS 158.140.

(3) The local board of education shall award the diploma.

(4) Each local board of education shall maintain a copy of its policy on high school graduation requirements. This policy shall include a description of how the requirements address KRS 158.6451(1)(b).

Section 8. This administrative regulation shall not be interpreted as prohibiting a local governing board, superintendent, principal, or teacher from awarding special recognition to a student.

Section 9.

(1) If the severity of an exceptional student's disability precludes a course of study that meets the high school graduation requirements established in this administrative regulation leading to receipt of a high school diploma, an alternative course of study shall be offered.

(2) This course of study shall be based upon student needs and the provisions established in 704 KAR Chapter 8, and shall be reviewed at least annually.

(3) A student who completes this course of study shall receive an alternative high school diploma to be awarded by the local board of education consistent with the graduation practices for all students.

(4) A local board of education may establish policies to award an alternative high school diploma to a former student who has received a certificate or certificate of attainment.

Section 10.

(1) Any student seeking to graduate early who receives services deemed essential by the local school district shall engage in meaningful consultation with a school-based mental health services provider, as defined by KRS 158.4416, on the creation of a continuity of services plan prior to graduation.

(2) School districts shall ensure the creation of a continuity of services plan for all students identified as a homeless child pursuant to 42 U.S.C. 11434, a migratory child pursuant to 20 U.S.C. 6399, or youth engaged in foster care pursuant to KRS 620.020(5).

(3) The completion of a transition plan for children aging out of foster care, as described by 42 U.S.C. 675(5)(H), shall meet the requirements outlined in this section.

Section 11. Incorporation by Reference.

(1) The "Early Graduation Program Student Letter of Intent Form", February 2026, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material may be viewed at: https://www.education.ky.gov/districts/legal/Pages/Kentucky-Revised-Statutes.aspx

History

• RELATES TO: KRS 156.160(1)(a), (d), (e), 158.140(6), 158.141, 158.142, 158.622(3), 158.645, 158.1411, 158.1413(1), 158.6451
• STATUTORY AUTHORITY: KRS 156.070, 156.160(1)(a), (d), (e), 158.140(6), 158.142, 158.1411
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to promulgate administrative regulations relating to the courses of study for the different grades and the minimum requirements for high school graduation. KRS 158.142(3) requires the board to promulgate administrative regulations establishing requirements for early graduation from high school. The content standards for the courses of study are established in the Kentucky academic standards incorporated by reference in 704 KAR Chapter 8. This administrative regulation establishes the minimum requirements necessary for entitlement to a high school diploma.
• History: 704 KAR 003:305. 5 Ky.R. 633; 6 Ky.R. 53; eff. 7-17-1979; 6 Ky.R. 238; 526; eff. 4-1-1980; 9 Ky.R. 1027; 1208; eff. 8-3-1983; 11 Ky.R. 1076; eff. 3-12-1985; 17 Ky.R. 113; eff. 9-13-1990; 23 Ky.R. 3419; 3827; 24 Ky.R. 82; eff. 7-2-1997; 32 Ky.R. 1779; 2028; 33 Ky.R. 766; eff. 10-6-2006; 37 Ky.R. 138; 1644; eff. 2-4-2011; 39 Ky.R. 612; 1115; eff. 1-4-2013; 40 Ky.R. 1138; 1406; eff. 3-7-2014; 45 Ky.R. 1414, 2111, 2342; eff. 4-5-2019; 47 Ky.R. 1068, 1559; eff. 5-4-2021; 49 Ky.R. 91, 1109, 1425; eff. 4-4-2023; 52 Ky.R. 1563; eff. 7-6-2026.

704 KAR 3:307 Recognition of credits when transferring without transcript {#sec-704-kar-3-307 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:307}

Section 1. For the purposes of this administrative regulation, a "nonaccredited secondary school" is a school enrolling students for secondary school instruction when that school is not recognized as accredited, or voluntarily complying with accreditation standards, by one (1) of the fifty (50) state departments of education or one (1) of the seven (7) independent regional accrediting associations. A "nonaccredited secondary school" in Kentucky shall be any private school not certified pursuant to KRS 156.160(3).

Section 2.

(1) The local school district shall be responsible for the appropriate assignment of a student transferring from a nonaccredited secondary school to the class or grade best suited for the student. Previous credit earned by a student in a nonaccredited secondary school shall be awarded by the local school district by one (1) of the two (2) following methods:

(a) Pass an examination of similar nature and content to the examination used for other students receiving credit for a particular course within the school district and graded on a comparable basis; or

(b) Successful performance of the student in a higher level of the course when the courses are sequential in nature such as English, mathematics, history, and science. Successful performance shall consist of achieving at least a C grade in the course by the 12th week of school.

(2) The courses successfully completed by examination or performance shall be counted toward minimum high school graduation requirements in the local school district.

Section 3. A student desiring recognition of previous credits toward graduation upon entering a public secondary school without a properly certified transcript, and for whom a properly certified transcript cannot reasonably be obtained, shall be placed and awarded credit as outlined in Section 2 of this administrative regulation.

History

• RELATES TO: KRS 156.031, 156.160, 158.140
• 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 156.160 requires the Kentucky Board of Education to adopt administrative regulations setting forth the courses of study for the different grades and the minimum requirements for high school graduation; and KRS 158.140 mandates the assignment of a pupil to the class or grade to which the pupil is best suited. This administrative regulation prescribes procedures for recognition of credits for graduation from a public secondary school upon transfer from a nonaccredited secondary school and for the awarding of credit upon transfer to a public secondary school without a proper transcript being reasonably available.
• History: 7 Ky.R. 698; eff. 4-1-1981; 17 Ky.R. 2050; eff. 2-7-1991; Crt eff. 11-16-2018; TAm eff. 3-4-2025; Crt eff. 3-27-2025.

704 KAR 3:315 Certification of Nonpublic Schools {#sec-704-kar-3-315 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:315}

Section 1. Definitions. (1) "Nonpublic school" means any private, parochial, home-based, or church school. A public charter school as defined by KRS 160.1592 is not a nonpublic school.

Section 2. Procedures for Certification.

(1) Nonpublic schools seeking voluntary certification from the Kentucky Board of Education (KBE) shall seek accreditation from an accrediting agency approved by the Kentucky Nonpublic Schools Commission (KNPSC).

(2) Following successful accreditation, nonpublic schools seeking voluntary certification shall apply with the KNPSC.

(3) The KNPSC shall annually produce a list of nonpublic schools that have successfully completed the accreditation process and are recommended for certification by the KBE. The list shall be submitted to the Kentucky Department of Education (KDE) by April 15 of each year for consideration by the KBE at its next regularly scheduled meeting.

(4) Upon the recommendation of the KNPSC, any certified nonpublic school may have its certification revoked by the KBE at any point during the school year. The recommendations shall be heard at the next regularly scheduled meeting of the KBE.

Section 3. KNPSC Required Policies.

(1) The KNPSC shall develop a policy for the screening and selection of eligible accrediting agencies. The policy shall include at a minimum:

(a) A procedure for accrediting agencies to seek approval by the KNPSC;

(b) Detailed criteria for the screening and selection of eligible accrediting agencies;

(c) A timeline for completing the screening and selection process;

(d) Procedures for the periodic re-screening of approved accrediting agencies; and

(e) A list of approved accrediting agencies.

(2) The KNPSC shall develop a policy for recommending nonpublic schools to the KBE for certification. The policy shall include at a minimum:

(a) A process for nonpublic schools to apply for certification through the KNPSC;

(b) A process to ensure that the nonpublic school is accredited by an approved accrediting agency;

(c) A process to ensure the nonpublic school is in compliance with the reporting requirements in KRS 159.030;

(d) A process to ensure the nonpublic school is in compliance with the record keeping requirements in KRS 159.040;

(e) A process to ensure the nonpublic school is in compliance with the course requirements in KRS 158.070; and

(f) A process to ensure the nonpublic school is in compliance with the required length of school term in KRS 158.080.

(3) The KNPSC shall develop a policy to govern the recommended certification revocation of nonpublic schools. The policy shall include at a minimum:

(a) The conditions under which the KNPSC shall undergo consideration for certification revocation;

(b) A process for investigating and collecting evidence to support a recommendation for certification revocation;

(c) A process for the certified nonpublic school to appeal a decision to recommend certification revocation to the full KNPSC board of directors; and

(d) A prohibition against recommending certification revocation for the failure to pay certification or accreditation fees.

(4) The KDE shall provide technical assistance as requested by the KNPSC.

(5) The KNPSC shall annually submit the three (3) required policies along with a letter explaining any updates to the policies by April 15 for review by the KBE at its next regularly scheduled meeting. Changes to the policies shall not be implemented until they are reviewed and approved by the KBE.

Section 4. Posting Requirements.

(1) The KNPSC and KDE shall post on their websites a list of certified nonpublic schools that includes:

(a) The name of the certified nonpublic school;

(b) The public school district in which the nonpublic school is physically located;

(c) The grade levels served;

(d) The physical address;

(e) The telephone number;

(f) A static email address;

(g) The school's website URL; and

(h) The expiration date for the nonpublic school's voluntary certification.

(2) The KNPSC and KDE shall post on their websites the list of approved accrediting agencies in Section 2(1)(e) of this regulation.

(3) The KNPSC and KDE shall post on their websites the three (3) required policies found in Section 3 of this regulation.

History

• RELATES TO: KRS 156.160, 158.070, 158.080, 159.030, 159.040
• STATUTORY AUTHORITY: KRS 156.070
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(3) provides that nonpublic schools may voluntarily comply with the curriculum, certification, and textbook standards established by the Kentucky Board of Education (KBE) and be certified upon application to the board. KRS 156.070(4) authorizes the KBE to promulgate regulations necessary to the efficient management and operation of programs under the KBE's jurisdiction. KRS 158.080 outlines the required courses to be taught in nonpublic schools. KRS 158.070 establishes the minimum required length of the school term. KRS 159.040 provides the records that shall be maintained by nonpublic schools.
• History: 704 KAR 003:315. 51 Ky.R. 1346, 1788; eff. 6-3-2025.

704 KAR 3:325 Effective Instructional Leadership Act {#sec-704-kar-3-325 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:325}

Section 1. Definitions.

(1) "Conference" means a scheduled professional training opportunity, sponsored by a state or national educational organization or a training provider, at which a variety of instructional leadership topics are available for participant attendance.

(2) "School year" means a twelve (12) month period beginning July 1 and ending June 30.

(3) "Training provider" means an established educational organization, local school district, or private educational consultant who sponsors training programs.

Section 2.

(1) Participation in the program shall be required for a certified and employed instructional leader.

(2) To fulfill the requirements of KRS 156.101, an instructional leader shall obtain the approval of the local superintendent or designee if selecting specific training offerings from the state-approved directory or if attending education-related conferences.

(3) Beginning July 1, 2006, a local district shall keep on file documentation of compliance with KRS 156.101(4) for each instructional leader employed by the school district, including a copy of all training certificates. Beginning August 30, 2007 and by August 30 each year thereafter, the local school district shall report to the Kentucky Department of Education the name of any instructional leader who fails to complete the twenty-one (21) hours of training required under KRS 156.101, the individual's position title, Social Security number, and the number of hours which were completed.

(4) All certificates shall be kept on file for three (3) years by each local district for each participant. If a participant becomes employed by another district, the original file shall be sent to the instructional leader and a duplicate copy to the new employing district.

Section 3.

(1) Instructional leaders shall participate in a training program designed to improve and maintain the quality and effectiveness of instructional leadership in the public schools of the Commonwealth. Agencies, institutions, education cooperatives, local school districts, and private educational consultants who qualify as training providers may be approved by the Kentucky Department of Education to design, implement, and evaluate the training. Specific training approved within the program by the Department of Education shall be:

(a) Intensive and designed specifically for instructional leaders. Participation shall occur during the contract period including extended employment, if applicable. Training shall be scheduled so as to minimize disruption of the instructional program of the district;

(b) Competency-based, specifying the instructional leadership competencies to be mastered by participants. Competencies shall have applicability for improving the effectiveness of the instructional leader or be role-specific. The design of the activities shall consider the participant's stage of professional development;

(c) Comprehensive in nature and shall meet identified needs based upon the personnel evaluation, the individual professional growth plan, and self-assessments of the instructional leaders; and

(d) Evaluated for approval in terms of program content, instructional processes, and impact upon participants.

(2)

(a) An instructional leader may count attendance at education conferences up to six (6) hours of credit each school year. An instructional leader shall provide verification of attendance at education conferences to be filed with the local school district.

(b) An instructional leader shall receive three (3) participant-hours credit for duties performed by serving on one (1) beginning teacher committee established under KRS 161.030(6), and the instructional leader shall receive a maximum six (6) hours if the individual serves on more than one (1) committee.

(3) If an instructional leader is employed for 100 days in the same position during a school year, the individual shall complete the required training.

(4) A participant's verification of attendance at approved Effective Instructional Leadership Training sessions and programs and copies of program certificates shall be recorded with the professional development coordinator of the instructional leader's school district no later than June 30 of each year.

(5) Excess hours, not to exceed twelve (12) earned by a participant during the thirty (30) day period of June 1 through June 30, may be credited toward required hours for the next school year.

Section 4. The training program content shall consist of specific competencies identified in the Professional Standards for Educational Leaders as incorporated by reference in 704 KAR 3:370.

Section 5. The training provider shall:

(1) Develop programs that meet all the criteria identified in Sections 3 and 4 of this administrative regulation;

(2) Select program faculty who have adequate, pertinent training and education, appropriate experience, and the ability to instruct effectively;

(3) Meet identified needs consistent with those listed in the Professional Standards for Educational Leaders as incorporated by reference in 704 KAR 3:370;

(4) Conduct training as set forth in its proposal and as approved by the Kentucky Department of Education;

(5) Award a participant a certificate of attendance that includes the providers approval number and the number of hours completed; and

(6) Evaluate the training in terms of its content, instructional processes, impact upon the professional behavior of participants, and improved student learning.

Section 6.

(1) The Department of Education shall approve training activities and providers, and maintain and communicate a directory of approved activities and providers.

(2) The Department of Education may revoke the approval of any training program not in compliance with this administrative regulation and may delete the program.

Section 7.

(1) Approval of a training program shall be granted for a period of one (1) year.

(2) Approval as a provider shall be based upon:

(a) Submission of a provider's training program proposal to the Department of Education at least thirty (30) days prior to the initial presentation of the training activity; and

(b) Content consistent with the Professional Standards for Educational Leaders as incorporated by reference in 704 KAR 3:370.

History

• RELATES TO: KRS 156.101
• STATUTORY AUTHORITY: KRS 156.029(7), 156.070, 156.101
• 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 156.101 requires the Kentucky Board of Education to establish specific criteria for implementing a statewide instructional leader improvement program for employees of the public schools holding valid certificates and performing responsibilities in a position for which administration certification is required by the Education Professional Standards Board pursuant to 704 KAR Chapter 20. This administrative regulation establishes criteria for the program.
• History: 11 Ky.R. 355; 591; eff. 10-9-1984; 1474; eff. 5-14-1985; 12 Ky.R. 1864; eff. 8-12-1986; 16 Ky.R. 1264; eff. 2-3-1990; 17 Ky.R. 114; eff. 9-13-1990; 18 Ky.R. 3525; 19 Ky.R. 395; eff. 8-1-1992; 28 Ky.R. 1692; 2029; eff. 3-18-2002; 32 Ky.R. 964; 1245; eff. 2-3-2006; Crt eff. 11-16-2018; 47 Ky.R. 1073, 1563; eff. 5-4-2021.

704 KAR 3:365 Complaint procedures for programs under the Elementary and Secondary Education Act of 1965 {#sec-704-kar-3-365 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:365}

Section 1. Complaints Against a Local Education Agency.

(1) Complaints related to equitable services to nonpublic school children shall be governed by Section 3 of this administrative regulation.

(2) Complaints originating at the local level alleging a violation by a local education agency (LEA) of a federal statute or regulation that applies to a program under ESEA shall be decided by the department only after being filed and decided at the local level in accordance with local education agency policy.

(3) A complaint not resolved at the local level may be submitted to the department by mail at the following address: Kentucky Department of Education, c/o ESEA Complaints, 300 Sower Boulevard – 5th Floor, Frankfort, Kentucky 40601.

(4) Complaints mailed to the department shall be in the form of a written, signed statement that includes:

(a) A statement that a requirement that applies to an ESEA program has been violated by the LEA and that the complaint has been filed and decided by the LEA;

(b) The facts on which the statement is based, a description of the nature of the problem, and the specific ESEA requirement(s) allegedly violated by the LEA;

(c) A signature and contact information for the complainant; and

(d) A potential resolution of the problem to the extent it is known and available to the complainant at the time of the filing.

(5) Upon receipt of a complaint, the department shall carry out an investigation if necessary. During the investigation period:

(a) The complainant and the LEA shall each have an opportunity to submit additional information about any allegation in the complaint;

(b) The LEA shall have an opportunity to respond to the complaint, including making a proposal to resolve it amicably; and

(c) Any on-site investigation, if deemed necessary by the department, shall be made following adequate advance notice to the parties involved and may include the gathering of information through:

1. Direct observation;

2. Interviews; or

3. Examination of records.

(6) Within forty-five (45) days of receiving a complaint, the department shall issue a written decision for each allegation in the complaint. If exceptional circumstances exist with respect to a particular complaint, an extension of the time limit may be granted by the department. Written decisions issued by the department shall include:

(a) A description of applicable statutory and regulatory requirements;

(b) A description of the procedural history of the complaint;

(c) Findings of fact supported by citation, including page numbers, to supporting documents;

(d) Legal analysis and conclusion;

(e) Corrective actions, if applicable;

(f) A statement of appeal rights, if applicable;

(g) A statement regarding the department's determination about whether it will provide services; and

(h) All documents reviewed by the department in reaching its decision, paginated consecutively.

(7) The complainant or LEA shall have a right to request the Commissioner, or his designee, reconsider the written decision issued pursuant to subsection (6) of this section. To initiate reconsideration, the complainant or LEA shall send, by certified mail to the department, a written request within fifteen (15) days of the issuance of the department's decision issued pursuant to subsection (6) of this section. The request for reconsideration shall include reference to the specific finding(s) of fact, conclusion(s) of law, or corrective action(s) included in the decision issued pursuant to subsection 6 that the party requesting reconsideration disagrees with, as well as the specific reasons the findings are believed to be in error. Written reconsideration decisions issued by the department shall include:

(a) A description of applicable statutory and regulatory requirements;

(b) A description of the procedural history of the complaint;

(c) Findings of fact supported by citation, including page numbers, to supporting documents;

(d) Legal analysis and conclusion;

(e) Corrective actions, if applicable;

(f) A statement of appeal rights, if applicable;

(g) A statement regarding the department's determination about whether it will provide services; and

(h) All documents reviewed by the department in reaching its decision, paginated consecutively.

(8) Following the receipt of a request pursuant to subsection (7) of this section, the Commissioner, or his designee, shall reconsider the specific findings of fact, conclusions of law, and corrective actions contained in the department's decision pursuant to subsection (6) of this section and identified in the request for reconsideration, and shall issue a final written decision for each allegation in the complaint within thirty (30) days.

(9) Following the final determination on a complaint, the LEA shall take any required corrective action. To ensure compliance, the department may use one (1) or more of the following methods:

(a) A corrective action plan for the LEA;

(b) Follow-up visits by department staff to determine whether the LEA is taking the required corrective action;

(c) Repayment of previously dispersed funds or withholding of future funds; or

(d) To the extent permissible under ESEA and other applicable laws and regulations, any corrective action necessary to ensure compliance.

Section 2. Complaints Against the State Education Agency.

(1) Appeals relating to the department's accountability classification of a school or district shall be governed by 703 KAR 5:240 and not by this administrative regulation.

(2) Complaints related to equitable services to nonpublic school children shall be governed by Section 3 of this administrative regulation.

(3) All other complaints originating at the state level alleging a violation by the department of a federal statute or regulation that applies to a program under ESEA shall be submitted to the department by mail at the following address: Kentucky Department of Education, c/o ESEA Complaints, 300 Sower Boulevard – 5th Floor, Frankfort, Kentucky 40601.

(4) Complaints mailed to the department shall be in the form of a written, signed statement that includes:

(a) A statement that a requirement that applies to an ESEA program has been violated by the department;

(b) The facts on which the statement is based, a description of the nature of the problem, and the specific ESEA requirement allegedly violated by the department;

(c) A signature and contact information for the complainant; and

(d) A potential resolution of the problem to the extent it is known and available to the complainant at the time of the filing.

(5) Upon receipt of a complaint, the department shall follow the same procedures outlined in Section 1 of this administrative regulation to the extent practicable.

Section 3. Complaints Related to Equitable Services to Nonpublic School Children.

(1) Complaints related to equitable services to nonpublic school children shall be submitted to the nonpublic school ombudsman by mail at the following address: Kentucky Department of Education, c/o Nonpublic School Ombudsman, 300 Sower Boulevard – 5th Floor, Frankfort, Kentucky 40601.

(2) Complaints mailed to the nonpublic school ombudsman shall be in the form of a written, signed statement that includes:

(a) A statement that 20 U.S.C. 7881 has been violated by the department, an LEA, an education service agency, a consortium of those agencies, or other applicable entity;

(b) The facts on which the statement is based and a description of the nature of the problem;

(c) A signature and contact information for the complainant; and

(d) A potential resolution of the problem to the extent it is known and available to the complainant at the time of the filing.

(3) Upon receipt of a complaint, the nonpublic school ombudsman shall carry out an investigation if necessary. During the investigation period:

(a) The complainant and the department, LEA, education service agency, consortium of those agencies, or other entity shall each have an opportunity to submit additional information about any allegation in the complaint;

(b) The department, LEA, education service agency, consortium of agencies, or other entity shall have an opportunity to respond to the complaint, including making a proposal to resolve it amicably; and

(c) Any on-site investigation, if deemed necessary by the department, shall be made following adequate advance notice to the parties involved and may include the gathering of information through:

1. Direct observation;

2. Interviews; or

3. Examination of records.

(4) Within forty-five (45) days of receiving a complaint, the nonpublic school ombudsman shall issue a final written decision for each allegation in the complaint. Written decisions issued by the department shallinclude:

(a) A description of applicable statutory and regulatory requirements;

(b) A description of the procedural history of the complaint;

(c) Findings of fact supported by citation, including page numbers, to supporting documents;

(d) Legal analysis and conclusion;

(e) Corrective actions, if applicable;

(f) A statement of appeal rights, if applicable;

(g) A statement regarding the department's determination about whether it will provide services; and

(h) All documents reviewed by the department in reaching its decision, paginated consecutively.

Section 4. Appeals to the United States Secretary of Education. An involved party may appeal the final written decision of the department under Section 1, 2, or 3 of this administrative regulation to the United States Secretary of Education (Secretary) to the extent permissible under ESEA and in accordance with written procedures developed and implemented by the Secretary. Appeals submitted to the secretary shall include the following:

(1) A clear and concise statement of the parts of the department's decision being appealed, if applicable;

(2) The legal and factual basis for the appeal;

(3) A copy of the complaint filed with the department;

(4) A copy of the department's written resolution to the complaint being appealed, if available, including all documents reviewed by the department in reaching its decision, paginated consecutively; and

(5) Any supporting documentation not included as part of the department's written resolution of the complaint being appealed.

History

• RELATES TO: KRS 156.010, 156.035, 20 U.S.C. 6320, 20 U.S.C. 7844, 20 U.S.C. 7883
• STATUTORY AUTHORITY: KRS 156.035, 156.070, 20 U.S.C. 6320, 7844, 7883
• NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation establishes complaint procedures pursuant to Sections 1117, 8304, and 8503 of the Elementary and Secondary Education Act of 1965 (ESEA) as amended by the Every Student Succeeds Act. Section 8304 of ESEA requires the Kentucky Department of Education (department) to adopt written procedures for the receipt and resolution of complaints alleging violations of law in the administration of programs under ESEA. Sections 1117 and 8503 of ESEA require the department to resolve complaints related to equitable services to nonpublic school children.
• History: 16 Ky.R. 288; eff. 10-8-1989; 17 Ky.R. 2055; eff. 2-7-1991; 45 Ky.R. 1418, 2348; eff. 3-8-2019; 51 Ky.R. 991, 1452; eff. 3-5-2025.

704 KAR 3:370 Kentucky Framework for Personnel Evaluation {#sec-704-kar-3-370 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:370}

Section 1. Definitions.

(1) "Assistant principal" means a certified school personnel who devotes the majority of employed time in the role of assistant principal, for which administrative certification is required by the Education Professional Standards Board pursuant to 16 KAR Chapter 3.

(2) "Certified administrator" means a certified school personnel, other than principal or assistant principal, who devotes the majority of employed time in a position for which administrative certification is required by the Education Professional Standards Board pursuant to 16 KAR Chapter 3.

(3) "Certified evaluation plan" means the procedures and forms for evaluation of certified school personnel below the level of superintendent developed by an evaluation committee and meeting all requirements of the Kentucky Framework for Personnel Evaluation.

(4) "Certified school personnel" means a certified school employee, below the level of superintendent, who devotes the majority of employed time in a position in a district for which certification is required by the Education Professional Standards Board pursuant to Title 16 KAR and includes certified administrators, assistant principals, principals, other professionals, and teachers.

(5) "Conference" means a meeting between the evaluator and the evaluatee for the purposes of providing feedback, analyzing the results of an observation or observations, reviewing other evidence to determine the evaluatee's accomplishments and areas for growth, and leading to the establishment or revision of a professional growth plan.

(6) "Evaluatee" means the certified school personnel who is being evaluated.

(7) "Evaluation committee" means a group, consisting of an equal number of teachers and administrators, who develop personnel evaluation procedures and forms for a local school district pursuant to KRS 156.557(5)(c)(1).

(8) "Evaluator" means the primary evaluator pursuant to KRS 156.557(5)(c)2.

(9) "Evaluator certification" means successful completion of certified evaluation training to ensure that certified school personnel who serve as observers of evaluatees demonstrate proficiency in rating teachers and other professionals for the purposes of evaluation and feedback.

(10) "Formative evaluation" is defined by KRS 156.557(1)(a).

(11) "Job category" means a group or class of certified school personnel positions with closely related functions.

(12) "Kentucky Framework for Personnel Evaluation" means the statewide framework a school district uses to develop a local certified school personnel evaluation system.

(13) "Observation" means a data collection process conducted by a certified evaluator, in person or through video, for the purpose of evaluation, including notes, professional judgments, and examination of the data collected during one (1) or more classroom or worksite visits of any duration.

(14) "Other professionals" means certified school personnel, except for teachers, administrators, assistant principals, or principals for which certification is required by the Education Professional Standards Board pursuant to KAR Title 16.

(15) "Peer observation" means observation and documentation by certified school personnel below the level of principal or assistant principal and trained to perform such observations.

(16) "Performance criteria" means the areas, skills, or outcomes on which certified school personnel are evaluated as described in KRS 156.557(4).

(17) "Performance measure" means one (1) of four (4) measures defined in the Kentucky Framework for Personnel Evaluation. Measures include planning, environment, instruction, and professionalism.

(18) "Performance rating" means the rating for each performance measure for a teacher, other professional, principal, or assistant principal as determined by the local district certified evaluation plan aligned to the Kentucky Framework for Personnel Evaluation. Ratings shall be exemplary, accomplished, developing, and ineffective.

(19) "Personnel Evaluation System" or "system" means an evaluation system to support and improve the performance of certified school personnel that meets the requirements of KRS 156.557 and that uses clear and timely formative feedback to guide professional growth.

(20) "Principal" means a certified school personnel who devotes the majority of employed time in the role of principal, for which administrative certification is required by the Education Professional Standards Board pursuant to KAR Title 16.

(21) "Sources of evidence" or "source of evidence" means the district-approved evidence aligned to the performance measure and used by evaluators to inform performance measure ratings listed in Section 8 of this administrative regulation.

(22) "Summative evaluation" is defined by KRS 156.557(1)(b).

(23) "Summative rating" means the overall rating for certified school personnel below the level of superintendent as determined by the district certified evaluation plan aligned to the Kentucky Framework for Personnel Evaluation.

(24) "Teacher" means a certified school personnel who has been assigned the responsibility for student learning in a classroom, grade level, subject, or course and holds a teaching certificate pursuant to KAR Title 16.

Section 2. District Evaluation Procedures and Forms.

(1) An evaluation committee shall develop the certified evaluation plan for the evaluation of certified school personnel below the level of superintendent. The evaluation committee shall submit the certified evaluation plan to the local board of education for review and approval.

(2) The local board of education shall review and approve the certified evaluation plan that meets the requirements of KRS 156.557(5)(c) and this administrative regulation.

(a) The district certified evaluation plan may require the use of additional trained administrative personnel to observe and provide information to the evaluator.

(b) Peer observations may be used as a source of evidence to inform a summative rating only if requested by the teacher or other professional being evaluated.

(c) The district certified evaluation plan shall establish uniform requirements for the length, frequency, and nature of observations conducted by an evaluator for the purpose of evaluation. The district certified evaluation plan shall require a conference between the evaluator and the evaluatee within five (5) working days following each observation.

(d) The district certified evaluation plan shall require the summative evaluation to include all applicable system data and be held at the end of the evaluation cycle pursuant to KRS 156.557.

(e) The district certified evaluation plan shall require a summative evaluation to occur annually for each certified school personnel below the level of superintendent who has not attained continuing service status pursuant to KRS 161.740 or continuing status pursuant to KRS 156.800(7) and shall incorporate the formative data collected during the Kentucky Teacher Internship Program, pursuant to 16 KAR 7:010, in the summative evaluation of a teacher intern.

(f) The district certified evaluation plan shall require a summative evaluation once every five (5) years for a teacher, other professional, principal, or assistant principal who has attained continuing service status pursuant to KRS 161.740 or continuing status pursuant to KRS 156.800(7).

(g) The evaluation criteria and process used to evaluate certified school personnel shall be explained to and discussed with the evaluatee no later than the end of the evaluatee's first thirty (30) calendar days of reporting for employment each school year.

(h) The district certified evaluation plan shall require a summative evaluation of certified school personnel to be documented in writing and to be included in the evaluatee's official personnel record.

(i) All evidence used to produce certified school personnel's overall performance rating shall be included in the documentation of the summative evaluation.

(j) The district certified evaluation plan shall provide an opportunity for the evaluatee to submit a written statement in response to the summative rating and require the response to be included in the official personnel record.

Section 3. District Personnel Evaluation Policies.

(1) Each local school district shall establish a written policy for implementing the certified evaluation plan for all certified school personnel below the level of superintendent in the district, consistent with the requirements of KRS 156.557 and this administrative regulation.

(2) The local board of education shall develop, adopt, and submit to the department for approval a policy and procedure for evaluation of the district superintendent.

Section 4. Department Approval of District Personnel Evaluation Plan. The department shall review each local school district's certified evaluation plan and approve a certified evaluation plan that is consistent with the requirements of KRS 156.557 and this administrative regulation.

Section 5. Revisions to Previously Approved District Evaluation Plan.

(1) The local board of education shall review, as needed, the district's certified evaluation plan to ensure compliance with KRS 156.557 and this administrative regulation.

(2) If a source of evidence is added or removed from the certified evaluation plan or if a decision rule or calculation is changed in the summative rating formula, the revised certified evaluation plan shall be reviewed and approved by the local board of education. If the local board of education determines the changes do not meet the requirements of KRS 156.557, the certified evaluation plan shall be returned to the certified evaluation committee for revision.

Section 6. Training and Testing of Evaluators.

(1) The district shall include evaluator certification and observation training in the district's certified evaluation plan submitted to the department for approval pursuant to Section 3 of this administrative regulation.

(2) The district shall ensure an evaluator meets the requirements in the district's evaluation plan prior to conducting a formative or summative evaluation.

(3) An evaluator shall be trained, tested, and approved according to this administrative regulation and the district's certified evaluation plan.

(4) Evaluator training shall include:

(a) Initial certified evaluation training and testing provided by the Kentucky Department of Education or a provider approved by the department;

(b) Training on KRS 156.557 and the requirements of this administrative regulation;

(c) Training in effective observation and conferencing techniques, in providing clear and timely feedback, in establishing and assisting with a professional growth plan, and in summative decision techniques; and

(d) A minimum of six (6) hours annually of personnel evaluation system training approved by the Effective Instructional Leadership Act established in 704 KAR 3:325.

Section 7. Training of Peer Observers.

(1) The district shall require peer observations be performed by individuals who are trained in peer observation techniques and responsibilities prior to the first peer observation.

(2) Peer observation training shall include training in effective observation and conferencing techniques and the roles and responsibilities of peer observers, evaluatees, and certified school personnel.

Section 8. Performance Measure.

(1) The district's certified evaluation plan shall utilize the Kentucky Framework for Personnel Evaluation pursuant to KRS 156.557 and the requirements of this administrative regulation and shall include the following performance measures:

(a) Planning;

(b) Environment;

(c) Instruction; and

(d) Professionalism.

(2) The district's certified evaluation plan shall define criteria for each performance measure from the Kentucky Framework for Teaching, the Kentucky Framework for Teaching with Specialist Frameworks for Other Professionals, and the Professional Standards for Educational Leaders that characterize effective practice and apply to the evaluatee.

(3)

(a) The evaluator shall use sources of evidence, in combination with professional judgment, to inform the teacher's or other professional's rating on each of the four (4) performance measures listed in subsection (1) of this section.

(b) The evaluator shall use the following ratings:

1. "Exemplary" shall be the rating for performance that consistently exceeds expectations for effective performance;

2. "Accomplished" shall be the rating for performance that consistently meets expectations for effective performance;

3. "Developing" shall be the rating for performance that inconsistently meets expectations for effective performance; and

4. "Ineffective" shall be the rating for performance that consistently fails to meet expectations for effective performance. Because individual education program (IEP) goals are student-specific, IEP goals may inform, but shall not be used as a single source of evidence for any performance measure.

Section 9. Summative Rating of Teachers, Other Professionals, Principals, and Assistant Principals. (1) The overall performance category for teachers or other professionals, principals, and assistant principals shall be a district-determined rating by combining the four (4) performance measures provided in Section 8 of this administrative regulation.

Section 10. Evaluation of Certified School Personnel Assigned to the District Level for Purposes of Evaluation.

(1) The district's certified evaluation plan for certified school personnel assigned to the district level for purposes of evaluation shall:

(a) Utilize the performance criteria established in KRS 156.557(4), comply with KRS 156.557 and the requirements of this administrative regulation; and

(b) List the performance criteria applicable to the evaluatee that characterizes professional effectiveness.

(2) The district certified evaluation plan for certified personnel assigned to the district level for purposes of evaluation shall be specific to the evaluatee's job category.

Section 11. District Evaluation Appeals Panel. The district shall provide the following in its system plan for an appeal to the district evaluation appeals panel:

(1) A right to a hearing as to every appeal;

(2) An opportunity, five (5) days in advance of the hearing, for the evaluator and evaluatee to adequately review all documents that are to be presented to the district evaluation appeals panel; and

(3) A right to have the evaluatee's chosen representative present at the hearing.

Section 12. State Evaluation Appeals Panel.

(1) A certified school personnel who believes that the local district is not properly implementing the district certified evaluation plan as approved by the department shall have the opportunity to appeal to the Kentucky Board of Education.

(2) The appeal procedures shall be as established in this subsection.

(a) The Kentucky Board of Education shall appoint a committee of three (3) state board members to serve on the state evaluation appeals panel (SEAP). The SEAP's jurisdiction shall be limited to procedural matters already addressed by the local appeals panel related to the district's alleged failure to implement an evaluation plan as approved by the department. The SEAP shall not have jurisdiction of a complaint involving the professional judgment conclusion of an evaluation, and the SEAP's review shall be limited to the record of proceedings and documents therein, or lack thereof, at the local district level.

(b) No later than thirty (30) calendar days after the final action or decision at the local district level, a certified school personnel may submit a written request to the chief state school officer for a review before the SEAP. If a certified school personnel does not appeal within the time frame listed in this paragraph, the request shall not be considered. A specific description of the complaint and grounds for appeal shall be submitted with the request.

(c) A brief, written statement or other document that a party wishes to submit for consideration by the SEAP shall be filed with the panel and served on the opposing party at least twenty (20) days prior to the scheduled review.

(d) A decision of the SEAP shall be rendered within fifteen (15) working days after the review.

(e) A determination of district noncompliance with the district evaluation plan or absence of a district local evaluation plan shall render the evaluation void.

Section 13. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky Framework for Teaching", February 2014;

(b) "Kentucky Framework for Teaching with Specialist Frameworks for Other Professionals", June 2015; and

(c) "Professional Standards for Educational Leaders", 2015.

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

History

• RELATES TO: KRS 156.557, 156.800(7), 161.740
• STATUTORY AUTHORITY: KRS 156.070, 156.557(2), (5)(c), (7)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.557(2) and (5)(c), and (7) require the Kentucky Board of Education to promulgate administrative regulations to establish a statewide framework for the purposes of supporting and improving the performance of all certified school personnel, to develop written guidelines for local school districts to follow in implementing a system of evaluation for certified school personnel, and to establish an appeals procedure for certified school personnel. This administrative regulation establishes a statewide framework to support and improve the performance of all certified school personnel as well as an appeals procedure for certified school personnel.
• History: 704 KAR 003:370. 40 Ky.R. 2651; 41 Ky.R. 61; 264; eff. 8-11-2014; 41 Ky.R. 2342; 42 Ky.R. 38; 287; 672; eff. 8-10-2015; 44 Ky.R. 1139, 1575, 1847; eff. 3-9-2018; 46 Ky.R. 2149, 2636; eff. 6-30-2020; 52 Ky.R. 1215; eff. 6-2-2026.

704 KAR 3:395 Extended school services {#sec-704-kar-3-395 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:395}

Section 1. Definitions.

(1) "At-risk students" or "At-risk" is defined in KRS 157.360(2)(a).

(2) "Average daily attendance" or "ADA" is defined by KRS 157.320(1).

(3) "Diagnostic assessment" means an assessment that is used to identify gaps in student learning in specific content areas.

(4) "Extended school services" or "ESS" means instructional and support services provided:

(a) By school districts for students who are unlikely to achieve proficiency, transition to the next level of learning successfully, or be able to meet the academic expectations in KRS 158.6451 without additional time or differentiated opportunity to learn;

(b) At times separate from the regular school day, regular school week, or the minimum school term, unless a district's request for a waiver meets the criteria established in Section 7 of this administrative regulation and has been approved by the commissioner; and

(c) As interventions included in the student's intervention plan, to ensure that the student remains in school and is on track to meet goals for postsecondary education and career after high school.

(5) "Formative assessment" is defined by KRS 158.6453(1)(e).

(6) "Individual learning plan" or "ILP" means a comprehensive framework for advising students in grades 6 through 12 to engage in coursework and activities that will best prepare them to both realize college and career success and become contributing members of their communities.

(7) "Interim assessments" is defined by KRS 158.6453(1)(f).

(8) "Student intervention plan" means a plan written to identify the specific intervention goals for a student and used to track student progress on those goals.

(9) "Summative assessment" is defined by KRS 158.6453(1)(g).

(10) "Support services" means services that provide technical, administrative, and logistical support to facilitate and enhance instruction and that:

(a) Are provided to enable the student to realize the benefits of the instructional program; and

(b) Include services, such as transportation, instructional materials or supplies, student snacks, school-based counseling, community-based mentoring, academic advising, parent training for follow through, or referrals for social, health, or financial assistance through appropriate service agencies.

Section 2. Instructional Program.

(1) The major emphases of extended school services shall be to provide additional time and differentiated opportunity to learn in a program in which rigorous academic and enrichment content are aligned with individual student needs to improve the present level of performance in one (1) or more content areas. Priority for ESS services shall be placed on designing and delivering services to students at academic risk with the specific objective that students are able to:

(a) Progress from grade to grade with their cohort;

(b) Exit elementary school ready to meet academic expectations at the middle school level;

(c) Exit middle school ready to meet academic expectations at the high school level; and

(d) Exit high school ready to meet academic expectations at the postsecondary education level and in the workplace, with an emphasis on literacy and mathematics.

(2) The extended school services provided to a student shall be planned, documented, and evaluated through the student intervention plan. The instructional program for extended school services shall include:

(a) Diagnostic assessments to determine areas of highest academic need of the individual student;

(b) Development of goals, in consultation with classroom teachers, parents, and students, for eliminating the identified academic need, including timelines and specific measurable outcomes;

(c) Formative and summative assessments to facilitate student progress and to determine if the student has achieved the learning goals of the student's intervention plan;

(d) Instructional strategies that are differentiated and that do not replicate practices that have proven to be ineffective for the student in the traditional classroom;

(e) A plan for collaboration and consistent use of interventions among the teachers supporting the student in core academic classes and those providing supports through extended school services;

(f) Counseling and academic advising to remove barriers to achievement; and

(g) Regular communication with the parent or guardian.

(3) The instructional program may utilize a variety of scheduling models including:

(a) Programs operated during the regular school day as provided in Section 7 of this administrative regulation;

(b) Extended day programs which are scheduled at any time outside of the regular school day;

(c) Night programs;

(d) Saturday programs;

(e) Summer programs; or

(f) Flexible school calendars which allow eligible students to attend school for a longer period of time than other students.

(4) The district's comprehensive school improvement plan shall include opportunities to collaborate with businesses, colleges, and community organizations to provide services and advising in off-campus locations as part of or aligned with the extended school services programs.

(5) Extended school services programs shall not supplant instructional time of the regular school program but shall extend time and provide differentiated opportunity to learn in a specific area of academic need.

(6) Certified staff, including administrators, teachers, and advisors, shall collaborate to plan, deliver, and evaluate extended school services instruction and supports as part of a student's intervention plan.

(7) Teachers providing instruction in extended school programs shall meet the same professional qualifications as teachers who are employed in the regular school program.

(8) Teachers providing instruction in extended school programs shall be provided with professional development on effective instructional strategies for meeting the needs of at-risk students and the use of formative assessment strategies to monitor progress.

(9) Certified staff shall supervise noncertified tutors.

(10) Extended school services shall be provided to eligible students who are in the first year of the primary school program through grade 12. Students shall be eligible to receive these services until they graduate from grade 12 or reach twenty-one (21) years of age, whichever comes first.

Section 3. Student Selection.

(1) Each school district shall select pupils who need additional instructional time or differentiated opportunity to learn as described in Section 2(1) of this administrative regulation. A student shall not be selected or assigned to receive extended school services for disciplinary purposes or for any kind of in-school suspension.

(2) Within its scope of authority, a local board of education may mandate the participation of eligible students in extended school services through the adoption of a written policy, which shall describe all conditions under which attendance will be required and shall provide a description of any exceptions permissible under the policy.

(3) The policy for attendance in extended school services shall include:

(a) Identification of the learning goals and benchmarks that, if achieved, indicate that the student may exit the extended school services program;

(b) The conditions under which a student's absence may be considered excused or unexcused; and

(c) The arrangements for transporting the students mandated to attend an ESS program.

(4) If requested by the Kentucky Department of Education, the local school board shall provide notice of the policy in the district's annual extended school services program report, which is submitted at the same time as the district's comprehensive school improvement plan.

(5) One (1) or more of the following shall be used to determine which students shall be eligible for and in greatest need of extended school services:

(a) Teacher recommendation;

(b) Academic performance data, including diagnostic, formative, interim, or summative assessments; or

(c) Student performance on high school, college, or workforce readiness assessments required by KRS 158.6459.

(6) Local school boards shall approve and disseminate procedures whereby students who have a greater need as determined by the eligibility criteria shall be referred and selected first to receive extended school services. These procedures shall not exclude students who have greater academic need from referral or selection for extended school services due to the inability of the parent or student to provide transportation.

(7) A local school district shall solicit input from parents and the community to identify potential barriers to participation. Identified barriers shall be addressed through engagement with community partners or through use of off-campus locations of after school, weekend, or evening ESS programs.

(8) Schools shall inform parents and guardians of extended school services including:

(a) The rationale for offering extended school services, including data about educational achievement and future earnings, opportunities for postsecondary education and training, and consequences of failure to obtain a high school diploma;

(b) A specific notification to parents or guardians of their child's eligibility to be assigned to extended school services, including the manner in which a personalized student intervention plan and goals will be included as part of the student's individual learning plan to help ensure that the student is able to achieve the student's academic and career goals; and

(c) Written procedures for parents or guardians to request reconsideration of their child's eligibility for extended school services.

Section 4. Funding.

(1) Each school district shall be eligible to receive a grant award from available funds to provide extended school services. Available funds shall be the amount of the total appropriation less two (2) percent for state administrative costs.

(2) The commissioner shall distribute the available funds as follows:

(a) One-third (1/3) of the available funds shall be distributed based on the most recent average daily attendance (ADA);

(b) One-third (1/3) of the available funds shall be distributed based on the most recent percentage of at-risk students; and

(c) One-third (1/3) of the available funds shall be distributed based on the combined reading and mathematics novice percentage (RMN) as determined by the most recent state assessment.

(3) The funds to be distributed based on ADA shall be allocated to districts as follows:

(a) Determine the percentage each district shall receive for ADA by dividing the district's ADA by the total ADA of all districts in the state.

(b) The amount the district shall receive shall equal the resulting percentage multiplied by the total funds to be distributed based on ADA.

(4) The funds to be distributed based on at-risk shall be allocated to districts as follows:

(a) Determine each district's at-risk proportion by multiplying its at-risk percentage by its ADA.

(b) The state total at-risk shall be the sum of the at-risk proportions of all districts in the state.

(c) Determine the percentage each district shall receive for at-risk by dividing the district's at-risk proportion by the state total at-risk.

(d) The amount the district shall receive shall equal the resulting percentage multiplied by the total funds to be distributed based on at-risk.

(5) The funds to be distributed based on RMN shall be allocated to districts as follows:

(a) Determine each district's RMN proportion by multiplying its RMN percentage by its ADA.

(b) The state total RMN shall be the sum of the RMN proportions of all districts in the state.

(c) Determine the percentage each district shall receive for RMN by dividing the district's RMN proportion by the state total RMN.

(d) The amount the district shall receive shall equal the resulting percentage multiplied by the total funds to be distributed based on RMN.

(6) Sum the district's portions for ADA, at-risk, and RMN to determine the district's total ESS allocation.

(7) To ensure the opportunity for all school districts to provide extended school services, no school district shall receive a grant of less than $15,000.

(8) Grant awards shall be made to each school district upon approval by the commissioner of an application described in Section 5 of this administrative regulation. Regular grant funds shall be available for use by districts for fifteen (15) months through September 30 of the last year of the grant period. All services shall be delivered by September 30 of the last year of the grant period and all expenditures shall be paid for extended school services by December 30 of the last year of the grant period.

(9)

(a) Funds received for extended school services shall be expended for instructional and support services necessary to provide an effective program.

(b) Support services shall include salaries of personnel.

(c) Transportation and staff development related to the provision of extended school services shall be considered permissible support services.

(d) Funds for extended school services shall not be used for capital outlay or indirect costs.

(e) School districts shall be authorized to enter contractual agreements if needed to provide comprehensive extended school service programs.

(f) Funds may be expended for instructional materials and supplies if a need is demonstrated and the district does not have the supplies and materials otherwise available.

(g) A portion of the funds may be used for administrative costs, which shall not exceed five (5) percent of the district's allocation.

(h) Students shall not receive monetary compensation to attend the extended school services program.

(i) School districts shall maintain on file the written criteria for the selection of personnel employed in extended school services and shall ensure staffing decisions are made to best meet the needs of students.

(10) Financial records for extended school services shall be maintained by each school district and shall be submitted to the Department of Education via the state technology system.

Section 5. Requesting Funds.

(1) A request for the use of extended school services funds shall be submitted as part of the district's comprehensive improvement plan.

(2)

(a) District applications for funds shall be approved by the commissioner prior to the encumbrance or expenditure of funds for extended school services by any school district, including the contracting of personnel for extended school services.

(b) Approval of programs as described in each district's comprehensive improvement plan, required program reports, and request for a waiver for alternative service delivery shall be based on this administrative regulation and KRS 158.070.

Section 6. Program Evaluation. For the purpose of program evaluation, the Kentucky Department of Education shall collect in the student information system the following data for all schools:

(1) Number of students receiving extended school services;

(2) Content areas where services received;

(3) Hours of service provided;

(4) Demographic data for students receiving extended school services; and

(5) Student improvement as a result of extended school services.

Section 7. Waiver for Alternative Service Delivery.

(1) The commissioner may consider a request for a waiver to operate an extended school services program during the school day or to use an alternative delivery format. A request for a waiver shall include:

(a) A rationale describing why a program during the school day or an alternative daytime program is needed;

(b) A description of the instructional program that meets the criteria established in Section 2 of this administrative regulation;

(c) A description of the student selection process that meets the criteria in Sections 2 and 3 of this administrative regulation; and

(d) A detailed and accurate budget that includes correct financial codes, which establishes that an employee compensated with extended school services funds is delivering extended school services during the time for which the employee is being compensated with extended school services funds.

(2) For the purpose of program evaluation, the Kentucky Department of Education shall collect the following additional data from schools receiving a school day or an alternative program waiver:

(a) Evaluation and evaluative data as approved in the waiver application; and

(b) Data relative to the effectiveness of the extended school service program, including:

1. Pre- and post-student qualitative and quantitative performance data;

2. Student attendance at extended school services; and

3. Promotion and graduation data.

History

• RELATES TO: KRS 156.070, 158.070, 158.6451, 158.6453, 158.792
• STATUTORY AUTHORITY: KRS 156.070(4), 158.070(8)
• 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 158.070(8) requires schools to provide continuing education for students who need additional instructional time to achieve the outcomes defined in KRS 158.6451. KRS 158.070(8) requires the Kentucky Board of Education to promulgate administrative regulations establishing criteria for the allotment of grants to local school districts to provide these services and for waivers to deliver those services during the regular school day. This administrative regulation establishes requirements for extended school services.
• History: 48 Ky.R. 2135, 2596; eff. 7-5-2022.

704 KAR 3:406 Superintendent training program and assessment process {#sec-704-kar-3-406 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:406}

Section 1. Definitions.

(1) "Candidate" means an individual enrolled in the superintendent training and assessment program.

(2) "Comprehensive superintendent assessment" means assessment of a candidate's performance through performance-based projects, portfolios, or capstones which includes a collection of work products demonstrating a candidate's knowledge of each of the topics required in superintendent training modules, and ability to apply that knowledge to efficiently and effectively solve problems as a superintendent.

(3) "Executive coaching and mentoring" means a program whereby:

(a) An individual with experience as a Kentucky public school superintendent is assigned to each candidate for the purpose of coaching candidates throughout the superintendent training and assessment program on the knowledge and skills necessary to be a successful superintendent; and

(b) A candidate is assigned an individual with experience as a Kentucky public school superintendent for the purpose of mentorship throughout the superintendent training and assessment program.

(4) "Facilitator" means a trained instructor and observer who leads superintendent training modules and specialized professional learning, and records and analyzes candidate performance throughout the comprehensive superintendent assessment.

(5) "Performance-based projects, portfolios, or capstones" means a multifaceted and intellectual experience culminating in a candidate-led demonstration of critical knowledge, skills, and capacities required for success as a superintendent.

(6) "Proficiency on the comprehensive superintendent assessment" means a level of performance on each of the topics required in superintendent training modules that demonstrates a high degree of skill in that particular topic, as determined by an advisory committee.

(7) "Superintendent training and assessment program" means a professional growth and development program which includes:

(a) Superintendent training modules;

(b) Executive coaching and mentoring; and

(c) Comprehensive superintendent assessment.

(8) "Superintendent training modules" means a training program that is no less than forty-two (42) and no more than seventy-two (72) hours in length, providing high-quality instruction delivered by a facilitator and approved by the Kentucky Department of Education on each of the following topics:

(a) The topics set forth in KRS 156.111(1)(a)-(i); and

(b) Educator ethics.

Section 2. Required Completion of Superintendent Training and Assessment Program.

(1) Each person hired for the first time to serve as a superintendent in a Kentucky public school district shall successfully complete the superintendent training and assessment program within two (2) years from the date the person began his or her role as superintendent.

(2) To successfully complete the superintendent training and assessment program, the candidate shall:

(a) Complete all required superintendent training modules unless an exception is granted pursuant to subsection (3) of this section; and

(b) For each of the topics required in the superintendent training modules, demonstrate proficiency on the comprehensive superintendent assessment.

(3) If a candidate possesses past experience that situates the candidate to likely demonstrate proficiency on the comprehensive superintendent assessment for a particular topic prior to completing training on that topic in the superintendent training modules, the candidate may request an exception from participating in that particular training topic within the superintendent training modules. If an exception is granted, the total superintendent training modules hours required for the candidate shall not be reduced. The candidate shall obtain additional training in alternative topics within the superintendent training modules equal to the hours of the training topic for which an exception is granted, which may include specialized additional training provided by a facilitator.

(4) If the candidate fails to demonstrate proficiency on the comprehensive superintendent assessment, the candidate may request to repeat the superintendent training modules and comprehensive superintendent assessment for the topics in which he or she failed to demonstrate proficiency. A candidate who repeats the superintendent training modules and comprehensive superintendent assessment for the topics in which he or she failed to demonstrate proficiency shall do so within two (2) years from the date the candidate began his or her role as superintendent.

Section 3. Enrollment and Recordkeeping.

(1) Candidates shall be enrolled in the superintendent training and assessment program with the following enrollment preference:

(a) Individuals hired for the first time to serve as a superintendent in a Kentucky public school district shall be guaranteed enrollment;

(b) If enrollment capacity remains after enrolling the candidates described in paragraph (a) of this subsection, then those individuals who are a candidate for superintendency, but not yet employed as a superintendent may be enrolled on a first come, first served basis; and

(c) If enrollment capacity remains after enrolling the candidates described in paragraph (b), then those individuals who are neither employed as a superintendent, nor a candidate for superintendency, may request enrollment at the candidate's expense.

(2) Upon enrollment, a candidate shall be required to sign an oath which pledges nondisclosure of the comprehensive superintendent assessment.

(3) A roster of enrolled candidates shall be maintained by the program administrator. The roster shall include:

(a) Each candidate's name;

(b) The school district where the candidate is employed as superintendent, if applicable;

(c) The date the candidate was first employed as a superintendent in a Kentucky public school district;

(d) The date by which the candidate shall complete the superintendent training and assessment program pursuant to subsection (1) of Section 2 of this administrative regulation;

(e) The candidate's assigned mentor; and

(f) The candidate's progress in completing the superintendent training modules.

(4) Upon enrollment of a candidate, the program administrator shall:

(a) Send written notification of the candidate's enrollment in the program to the candidate, the Kentucky Department of Education, and the board chair for the public school district where the candidate is employed as superintendent, if applicable;

(b) Assign the candidate a mentor for executive coaching and mentoring, and provide written notification of this assignment to the candidate and the mentor; and

(c) Send written notification to the candidate that includes:

1. Program requirements and expectations;

2. The schedule of superintendent training modules the candidate shall complete; and

3. A general description of the required comprehensive superintendent assessment, including how the candidate's proficiency on the comprehensive superintendent assessment will be judged.

(5) A candidate enrolled pursuant to paragraphs (b) or (c) of subsection (1) of this section shall provide immediate notice to the program administrator if the candidate is hired as a superintendent in a Kentucky public school district while enrolled in the superintendent training and assessment program. Upon receipt of notice, the program administrator shall update the roster set forth in subsection (3) of this section accordingly, and provide written notice to the board chair consistent with paragraph (a) of subsection (4) of this section.

(6) Upon completion of the superintendent training and assessment program, the program administrator shall send a final written report for each candidate to the candidate, the Kentucky Department of Education, and the board chair for the public school district where the candidate is employed as superintendent, if applicable, containing the following information:

(a) Each topic completed within the superintendent training modules, including the hours completed for each topic and total hours completed within the superintendent training modules;

(b) Any topics not completed by the candidate within the superintendent training modules;

(c) For each of the topics required in the superintendent training modules, whether or not the candidate demonstrated proficiency on the comprehensive superintendent assessment; and

(d) A statement as to whether or not the candidate successfully completed the superintendent training and assessment program as set forth in subsection (2) of Section 2 of this administrative regulation.

(7) Upon completion of the superintendent training and assessment program, the program administrator shall:

(a) Administer a comprehensive survey to candidates who completed the program which gathers feedback from candidates on:

1. The quality, rigor, and value of the superintendent training and assessment program;

2. The time commitments of the superintendent training and assessment program;

3. The knowledge, skills, and expertise of facilitators;

4. The helpfulness of the candidate's assigned mentor throughout the superintendent training and assessment program; and

5. Candidate recommendations for topics that should be covered in greater detail throughout the superintendent training and assessment program; and

(b) Provide the aggregate results of each survey question to the Kentucky Department of Education.

Section 4. Facilitator Selection and Training.

(1) A facilitator shall possess at least five (5) years of practice experience in the topic the facilitator is assigned to lead or provide specialized professional learning within the superintendent training modules.

(2) Prior to evaluating whether or not a candidate demonstrates proficiency on the comprehensive superintendent assessment, a facilitator shall undergo training on:

(a) The requirements of this administrative regulation;

(b) Proficiency, as determined by an advisory committee, on each of the topics required in superintendent training modules;

(c) How to observe and record behaviors and performance of candidates; and

(d) How to write objective and comprehensive reports regarding candidate performance on the comprehensive superintendent assessment.

Section 5. Complaints. Complaints regarding failure to comply with statutory and regulatory provisions of the Superintendent Training and Assessment Program shall be directed to and evaluated by the Kentucky Department of Education.

Section 6. Continuing Education for Superintendents.

(1) Following successful completion of the superintendent assessment and training program, annual continuing education for superintendents shall include:Completion of an annual individual personal growth training plan of at least twenty-one (21) hours of instruction which shall include:

(a) Three (3) hours of annual training in school finance; and

(b) Three (3) hours of annual training in ethics.

(2) Completion of continuing education of the superintendent shall be reported to the Kentucky Department of Education. The Kentucky Department of Education shall annually notify the local board of education chairperson of the status of the school district's superintendent's continuing education.

(3) Failure to comply with the requirements of this administrative regulation shall result in referral of the matter to the Education Professional Standards Board for consideration of revocation of the superintendent certificate.This is to certify that the chief state school officer has reviewed and recommended this administrative regulation prior to its adoption by the Kentucky Board of Education, as required by KRS 156.070(5).

History

• RELATES TO: KRS 156.111, 160.350
• STATUTORY AUTHORITY: KRS 156.111
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.111 requires the Kentucky Department of Education to establish a superintendent training program and assessment center and that the Kentucky Board of Education adopt administrative regulations to govern the training content, number of hours, assessments, and work products for successful completion of the training and assessment center process. This administrative regulation establishes the requirements of the superintendent training program and assessment center process.
• History: 704 KAR 003:406. 20 Ky.R. 3384; 21 Ky.R. 346; eff. 8-4-1994; Crt eff. 11-16-2018; 52 Ky.R. 889, 1340; eff. 5-5-2026.

704 KAR 3:420 Preschool associate teachers {#sec-704-kar-3-420 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:420}

Section 1. Definitions.

(1) "Curriculum oversight" means supervision of a preschool associate teacher by a qualified professional.

(2) "Preschool associate teacher" means a classified employee employed by a local school district in a paraprofessional role to organize, manage and provide direct instruction to children below primary school age under the supervision of a qualified professional.

(3) "Qualified professional" means a person who:

(a) Meets one (1) of the criteria established in Section 3(2) of this administrative regulation; and

(b) Is responsible for the curriculum in an early childhood classroom or program operated by a paraprofessional preschool associate teacher.

Section 2. Role of a Preschool Associate Teacher.

(1) A local school district may employ a preschool associate teacher to do the following:

(a) Manage the daily operation of preschool classrooms or other early childhood programs:

(b) Provide direct instruction to children based on identified skills:

(c) Assist in assessing the skills of individual children;

(d) Assist in implementing individual education programs (IEP's) of children with disabilities; and

(e) Provide parent information on progress of individual children.

(2) A preschool associate teacher shall receive at least weekly contact and consultation by a qualified professional regarding the classroom, the curriculum and the teacher performance standards in interdisciplinary early childhood education established in 704 KAR 20:084.

(a) The qualified professional shall determine a regular schedule for onsite visits and observation no less than monthly and based on the skills and experience of the preschool associate teacher. Additional onsite contact and consultation for individual children with disabilities shall be provided as specified in the IEP.

(b) The activities of the preschool associate teacher shall reflect the guidance of the professional assigned to provide curriculum oversight.

Section 3. Qualifications.

(1) A preschool associate teacher shall hold one (1) of the following or its equivalent as approved by the Department of Education:

(a) An associate degree with a professional core of courses in early childhood education or child development;

(b) A child development associate certificate conferred by the Council for Early Childhood Professional Recognition; or

(c) A Kentucky vocational diploma for preschool teacher.

(2) A local board may request approval of a preschool associate teacher who has begun and is in the process of completing a degree, diploma or certificate specified in subsection (1) of this section.

(3) Curriculum oversight shall be provided by an individual who meets one (1) of the following criteria:

(a) Holds certification or a statement of eligibility for interdisciplinary early childhood education;

(b) Has been exempted by the Kentucky Education Professional Standards Board from additional certification in order to continue teaching in an early childhood position;

(c) Provided supervision to a preschool Level III teachers under the interim requirements in 704 KAR 3:410 prior to the 1999-2000 school year; or

(d) Is qualified to serve on an internship team for interns in Interdisciplinary Early Childhood Education pursuant to 704 KAR 20:690.

History

• RELATES TO: 156.160, 157.3175
• STATUTORY AUTHORITY: KRS 156.070, 156.160, 157.3175
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 authorizes the Kentucky Board of Education to promulgate administrative regulations establishing standards which school districts shall meet in student, program, service and operational performance. KRS 157.3175 authorizes preschool education programs and authorizes that administrative regulations be promulgated to establish eligibility criteria, program guidelines, and standards for personnel. This administrative regulation establishes the criteria for paraprofessional instructional personnel, including a differentiated job description from certified teachers, qualifications for the position, and responsibilities for certified personnel providing supervision of preschool associate teachers.
• History: 704 KAR 003:420. 25 Ky.R. 2244; 2986; eff. 6-7-1999; Crt eff. 12-19-2018; Crt eff. 6-9-2025.

704 KAR 3:440 Primary school program guidelines {#sec-704-kar-3-440 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:440}

Section 1. Definitions.

(1) "Authentic assessment" means assessment that occurs continually in the context of the learning environment and reflects actual learning experiences that can be documented through observation, anecdotal records, journals, logs, actual work samples, conferences, and other methods.

(2) "Continuous progress" means a student's unique progression through the primary school program at his own rate without comparison to the rate of others or consideration of the number of years in school. Retention and promotion with the primary school program are not compatible with continuous progress.

(3) "Developmentally appropriate practices" means instructional practices that address the academic, physical, aesthetic, cognitive, emotional and social domains of children and that permit them to progress through an integrated curriculum according to their unique learning needs.

(4) "Evidence-based" has the same meaning as 20 U.S.C. section 7801(21).

(5) "Multiage and multiability classrooms" means flexible grouping and regrouping of children of different age, sex and ability who may be assigned to the same teacher(s) for more than one (1) year.

(6) "Positive parent involvement" means the establishment of productive relationships between the school and the home, individuals, or groups that enhance communication, promote understanding and increase opportunities for children to experience success in the primary school program.

(7) "Primary school program" has the same meaning as KRS 158.031(1).

(8) "Professional teamwork" means all professional staff in the primary school program communicate and plan on a regular basis and use a variety of instructional delivery systems such as team teaching and collaborative teaching.

(9) "Qualitative reporting methods" means progress is communicated through a variety of qualitative methods which address the growth and development of the whole child as the student progresses through the primary school program.

Section 2. Primary School Program Attributes. Each primary school program shall include all the following attributes:

(1) Developmentally appropriate educational practices;

(2) Multiage and multiability classrooms;

(3) Continuous progress;

(4) Authentic assessment;

(5) Qualitative reporting methods;

(6) Professional teamwork; and

(7) Positive parent involvement.

Section 3. Students in the Primary School Program.

(1) Eligible children who attend the primary school program may advance through the program without regard to age or a specific grade level. Students who transfer from a school system that uses grade levels of kindergarten through third grade shall be enrolled in the primary school program and placed according to their developmental needs.

(2) Each elementary school shall design the primary school program to address the learning needs of all children who meet the entry age for the primary school program and who are not ready to enter the fourth grade. Individual placement decisions for children who are eligible for special education and related services shall be determined by the appropriate admissions and release committee, pursuant to 707 KAR 1:320.

Section 4. Curriculum.

(1) The curriculum of the primary school program shall address the goals of education and the model curriculum framework set forth in KRS 158.6451, meet the requirements set forth in KRS 158.791, and include evidence-based high-quality instructional resources for mathematics and reading that is determined by the Kentucky Department of Education to be reliable, valid, and aligned to the Kentucky academic standards as provided in 704 KAR Chapter 8 and required in KRS 158.305 and 158.8402.

(2) Instructional practices in the primary school program shall motivate and nurture children of diverse cultures; shall address the academic, social, emotional, physical, aesthetic and cognitive needs of children; and shall be based upon evidence-based instruction, intervention, and supports and the following principles of how young children learn:

(a) Young children learn at different rates and through different styles;

(b) Young children learn as they develop a sense of self-confidence in a positive learning environment;

(c) Young children learn best with "hands on" experiences where they are encouraged to question, explore and discover;

(d) Young children learn best through an integrated curriculum by engaging in real-life activities and learning centers; and

(e) Young children learn best in a social environment where they can converse with others to expand their language and their thinking.

(3) Students enrolled in the primary school program shall progress through the curriculum at their individual learning rates.

(4) Methods for verifying successful completion of the primary school program shall be determined by using strategic data-based decision making within a comprehensive screening and assessment system.

(5) Parents and legal guardians of children enrolled in the primary school program shall receive regular reports at a minimum of four (4) times per year regarding the children's individual progress in meeting the goals of education set forth in KRS 158.6451(1) and successful completion of the primary school program.

History

• RELATES TO: KRS 156.070, 156.160(1), 158.030(2), 158.031, 158.305, 158.791, 158.6451, 158.840, 158.8402
• STATUTORY AUTHORITY: KRS 156.070, 156.160(1), 158.031(2)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 156.160(1) requires the Kentucky Board of Education to establish by administrative regulation the standards that school districts shall meet in student, program service, and operational performance. KRS 158.030(2) establishes the age requirements for students who may enter the primary school program. KRS 158.031(2) requires the promulgation of administrative regulations to address methods for verifying successful completion of the primary school program in carrying out the goals of education as described in KRS 158.6451.
• History: 704 KAR 003:440. 18 Ky.R. 3559; 19 Ky.R. 397; eff. 8-1-1992; Crt eff. 11-16-2018; 52 Ky.R.505, 968; eff. 12-9-2025.) COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.

704 KAR 3:455 Instructional resource adoption process {#sec-704-kar-3-455 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:455}

Section 1. Definitions.

(1) "Alternate format" is defined by KRS 156.027.

(2) "Instructional resource" means any print, nonprint, or electronic medium of instruction designed to assist students.

(3) "Level One" means full compliance in that the electronic file submitted by the publisher can be converted into any needed specialized format.

(4) "Level Three" means marginal compliance in that the electronic file submitted by the publisher has a marginal level of accessibility and can be converted into some specialized formats only with significant effort or expense, and is not useable by some students with significant sensory disabilities.

(5) "Level Two" means provisional compliance in that the electronic file submitted by the publisher can be converted into most specialized formats without substantial effort or expense.

Section 2. The content areas included in each year of the instructional resource adoption cycle shall be:

(1) Grouped based on the:

(a) Content areas in the academic expectations, which are established in 703 KAR 4:060; and

(b) Commonwealth Accountability Testing System (CATS) testing groups; and

(2) Arranged into six (6) groups as follows:

(a) Group I - Language Arts and Reading P-12;

(b) Group II - Social Studies P-12;

(c) Group III - Science P-12;

(d) Group IV - Mathematics P-12;

(e) Group V - Vocational Studies, including Career and Technical Education, and Practical Living P-12; and

(f) Group VI - Arts and Humanities P-12.

Section 3.

(1) Level One. All elements of the print version shall be provided, including graphics with appropriate ALT tags, the file format shall be compatible with commonly used Braille translation and speech synthesis software, and shall be readable with both text and screen readers. The files shall be provided in XML, XHTML, or HTML format. The use of graphic image files and other non-text elements shall require:

(a) A text equivalent for every nontext element;

(b) Row and column headers be identified for data tables;

(c) Markup to be used to associate data cells and header cells for data tables that have two (2) or more logical levels of row or column headers; and

(d) Frames to be titled with text that facilitates frame identification and navigation.

(2) Level Two. All elements of the print version shall be provided including graphics, though graphic descriptions shall not be required. The file format shall be compatible with commonly used Braille translation and speech synthesis software, and shall be readable with both text and screen readers. Electronic files shall be in MS Word or Rich Text Format.

(3) Level Three. All elements of the print version shall be provided including graphics, though graphic descriptions may not be required. The file format shall be compatible with some text and screen readers, but usability is only marginal, and the format may include unlocked PDF. The file shall also have the following technical characteristics:

(a) A single PDF file per book, that allows all front matter, chapters, and back matter pages to be merged into a single PDF that is in proper page order, from front to back;

(b) All fonts shall be embedded using Adobe Distiller;

(c) All pages may be consistently cropped; and

(d) All images, line drawings, and other nontext shall be included in either Web-ready resolutions or high resolution.

Section 4.

(1) A vendor submitting a bid shall ship adequate and appropriate instructional resource samples or program specifications to the Department of Education, individual State Textbook Commission members, and to the state review site before the beginning of the review process. All other pertinent bid information shall be provided by the bid opening.

(2) When the review process has been completed and the individual commission members have no further need for samples in their possession, the samples shall be disposed of in the following manner:

(a) Reclaimed by the publishers; or

(b) Transferred to local school districts, institutions of higher education, or other appropriate agencies.

Section 5. The vendor shall provide information about the availability of an alternative format and the technical characteristic of the electronic file for each instructional resource. The vendor shall identify the electronic file for the resource as Level One, Level Two, or Level Three. Effective July 1, 2003, any publisher who identifies the electronic file for a resource as Level Two or Level Three shall provide the Department of Education information documenting why it is not feasible to provide files meeting Level One compliance. The Commissioner of Education shall determine whether the publisher has met the requirement of KRS 156.027.

Section 6.

(1) Each adoption year before establishing the state list, the State Textbook Commission shall conduct a hearing for the following purposes:

(a) Interviewing publisher agents, representatives, and vendors of instructional resources; and

(b) Hearing any person or organization that may have complaints or concerns about an instructional resource being considered for listing.

(2) A party desiring to be heard shall file with the Secretary of the State Textbook Commission a written request two (2) weeks prior to the hearing. The request shall clearly state:

(a) Name and address of the person or organization requesting the hearing;

(b) Title, author, International Standard Book Number, and copyright date of the instructional resource in question;

(c) Sections of the instructional resource being questioned and nature of concern;

(d) Anticipated problems that would be created if the instructional resource is adopted; and

(e) Suggested alternatives.

(3) One (1) spokesperson shall represent a group or organization.

(4) The commission's position and action shall be forwarded to the concerned parties after the state list has been established.

Section 7.

(1)

(a) The Kentucky State Textbook Commission may inquire into and ascertain if any vendor has:

1. Violated:

a. Any provision of Sections 3 through 16 or 19 of this administrative regulation; or

b. Any provision of KRS 156.400 through 156.476 or 157.100 through 157.190; or

2. Used undue influence or unethical tactics to secure bids or to assure local adoption.

(b) Undue influence or unethical tactics shall include:

1. Unsolicited contact by vendors or their representatives with members of the State Textbook Commission; and

2. The buying for or giving to State Textbook Commission members, local district personnel, or review committee members meals, gifts, trips, or entertainment to assure the listing, adoption, or purchase of their instructional resources.

(c) If there is sufficient evidence that a vendor may be guilty, the vendor shall be called before the State Textbook Commission to determine:

1. If violations did occur; and

2. What course of action shall be taken.

(2) A vendor proposing to give local districts free-of-charge items such as reproducible masters, teachers editions, workbooks, and extra textbooks, if the districts adopt and purchase its items, shall file a list of gratis items as an official part of its bid.

(3) In addition to textbook sampling required under KRS 156.440, a vendor may sample gratis items to local districts or schools for use in the adoption process. Gratis sampling shall not be done in a manner to assure the adoption and purchase of a vendor's instructional resources.

(4) The State Textbook Commission may refuse to execute or may cancel a vendor contract upon discovery that the vendor:

(a) Has violated Sections 3 through 16 or 19 of this administrative regulation; or

(b) Does not have the ability to perform all the terms and conditions of the contract.

(5) A bidder for instructional resource contracts shall file with the Department of Education the name and address of a Kentucky person, firm, or corporation upon whom process may be served.

Section 8. A school administrator, school council chair, or teacher shall not receive directly or indirectly any gift, reward, or promise of a reward for his influence in reviewing and selecting instructional resources.

Section 9.

(1) An instructional resource submitted for recommendation in Kentucky shall meet the "Manufacturing Standards and Specifications for Textbooks", developed and approved by the National Association of State Textbook Administrators, in consultation with the Association of American Publishers and the Book Manufacturer's Institute.

(2)

(a) A publisher may submit an old copyright with the official bid. A revised edition shall be submitted before the commission hearing.

(b) A publisher may submit a galley proof, incomplete book, or statement of intent with the official bid. The book shall be complete and on file with the State Textbook Commission before the date of the commission hearing.

(c) Ancillary materials, including workbooks, electronic versions, and teacher editions, shall be completed on or before the July 1 contract date.

Section 10. Inaccurate information, defective workmanship, or defective material shall be reported by school personnel to the vendor as soon as detected.

(1) A vendor shall be held responsible for all inaccurate or defective instructional resources.

(2) Instructional resources that show manufacturing defects in the first or second year of use shall be replaced by the vendor on a one-for-one basis.

(3) After the first two (2) years of use, a replacement agreement shall be negotiated between the local district and the vendors. School districts shall start the replacement process as soon as it has been determined that instructional resources are inaccurate or defective.

Section 11.

(1) A request to substitute revised editions of textbooks, updated technology, or other instructional resources under contract shall be considered at the first regular meeting of the calendar year of the State Textbook Commission to be held on or before May 1.

(2) Substitutions shall not be permitted for instructional resource to be used the last year of a contract.

(3) The vendor shall agree to supply either the listed or the substituted item in accordance with the local school district's request.

(4) The updated resources shall be at the same price at which the instructional resource was bid and the content shall be compatible for use with the previous resource.

(5) The physical materials and workmanship of the updated resource shall be of equal or better quality than the previous resource.

(6) Ancillary materials for a substituted instructional resource shall be available when the publisher submits the substitution request.

(7) Thirty (30) days prior to the date of the commission meeting publishers shall provide a sample of the substituted instructional resource and a list of the changes with page numbers of the updated material or other reference data that compares it with the instructional resource presently listed.

Section 12. The cost for instructional resources to be used in Kentucky shall not be more than twenty (20) percent in excess of the publisher or provider wholesale price.

Section 13.

(1) The State Textbook Commission shall direct the process for including instructional resources used as basal programs on the state list. The commission shall receive assistance in the review and selection of instructional resources from professional educators and lay citizens who may serve on a contractual basis.

(2) The Commissioner of Education shall recommend to the State Textbook Commission names of instructional resource reviewers with knowledge about the area or areas being considered for recommendation.

(3) The State Textbook Commission shall:

(a) Appoint, from the list of qualified applicants prepared by the Commissioner of Education, twelve (12) instructional resource reviewers;

(b) Approve the evaluative criteria and instruments of evaluation developed by the instructional resource reviewers; and

(c) Select, approve, and publish a list of high quality instructional resources using the information submitted by the reviewers.

(4) The instructional resource reviewers shall:

(a) Be comprised of twelve (12) individuals, including classroom teachers, other educators, and parents of children currently enrolled in school who represent a balance of gender, grade levels, geographic, and ethnic diversity.

(b) Attend meetings and training sessions as requested by the Department of Education;

(c) Develop and submit to the State Textbook Commission an instrument of evaluation to be used in reviewing instructional resources;

(d) Review instructional resources except those that are ancillary to basal textbook programs to determine those of high quality; and

(e) Submit to the State Textbook Commission their recommendations for instructional resources to be placed on the state's recommended list and shall submit the instruments used in the evaluation process.

Section 14.

(1) A school may use state instructional resource funds for the purchase of recommended instructional resources in any combination based on identified pupil needs. Purchases may include the following:

(2) Instructional resources not subject to state review but eligible for purchase shall include the following:

(a) Reference books, trade books, pamphlets, periodicals, and other supplemental print material for student use;

(b) Supplementary videotapes, slides, and recordings;

(c) Graphic materials, transparencies, globes, maps, music material, math and science manipulatives, calculators, and similar material;

(d) Supplementary electronic instructional materials; and

(e) Individualized learning programs.

(3) The following materials and services shall not be eligible to be purchased with state instructional resource funds:

(a) Furniture, testing programs, supplementary supplies and workbooks, raw and blank materials with exception of materials which are integral to the success of the original approved program as adopted by a school or district but not to include ancillary and gratis materials;

(b) Audio visual equipment, major audio-visual installations such as public address systems, sound laboratories, computers, televisions (including receiving sets and related equipment), and other equipment; and

(c) Reproducible master books.

Section 15. A school with grades primary through eight (8) shall complete an annual plan identifying purchases, including necessary replacements, to be made with instructional resource funds according to the adoption cycle. The plan shall assure that an instructional resource is available in a format designed to provide any reading accommodation required for a student with an individual education program or a student identified as needing an accommodation in a Section 504 plan. Use of an electronic version of a text shall be limited to a student who has an individual education program or Section 504 plan and the electronic version shall not be used as a substitute for purchasing a hard copy. The school shall maintain the original purchase pattern prior to access to the electronic file. The plan may be revised.

Section 16.

(1) A pupil in grades primary through twelve (12) with impaired vision shall be considered eligible for the use of instructional resources in clear type of eighteen (18) to twenty-four (24) points upon certification by an eye specialist.

(2) Certification of pupils' visual impairment shall be made by local school districts to the Department of Education.

(3) Request for large print textbooks and material shall be directed to the Kentucky School for the Blind.

(4) A local board of education shall assume responsibility for the care of large print textbooks and return them to the Kentucky School for the Blind when no longer needed.

(5) Large print textbooks and instructional resources provided by the Kentucky School for the Blind shall not be charged to the instructional resource account of the local school.

Section 17.

(1) The Department of Education shall prepare instructional resource budgets annually and allocate funds to local school districts, based upon the Kentucky General Assembly biennial appropriation, for the purpose of purchasing instructional resources during each adoption or funding cycle. The funds shall be used for students in primary through grade eight (8), exclusively.

(2) If allocating funds for the purchase of instructional resources, the Department of Education shall use the pupil membership at the close of the second month of the current school year.

(3) After receiving a statement of funds allocated, the superintendent shall notify within thirty (30) days the school council, or if none exists, the principal, of the per-pupil allotment to be expended by each school.

(4) Money appropriated in the current fiscal year shall be spent on instructional resources in that year's adoption cycle. Money carried over to the next fiscal year may be spent by each school on instructional resources in accordance with its plan.

Section 18.

(1) A local school district shall:

(a) Establish and maintain an instructional resource rental program for grades nine (9) through twelve (12); or

(b) Use local funds to provide a free instructional resource program.

(c) Instructional resource rental fees for pupils enrolled for less than a full school year shall be prorated based on the number of days of membership.

(2) A local school district shall establish and maintain accounts for the instructional resource rental program subject to audit. The school council, or if none exists, the principal, shall be notified regarding the school's balance.

Section 19.

(1) Instructional resources for high schools shall be labeled as property of the Commonwealth of Kentucky. For economy in administration, the uniform label shall be affixed by the publishers in accordance with the "Manufacturing Standards and Specifications for Textbooks." The purchase date and the issue date shall be recorded on the uniform label.

(2) Instructional resource uniform labels shall not be completed until an examination of the shipment shows that it agrees in detail with the purchase order. An instructional resource with label completed shall be classified as used.

(3) A complete record shall be kept by the school for all state-provided instructional resources for grades primary through eight (8) and all instructional resources purchased with pupil rental fees for grades nine (9) through twelve (12).

Section 20.

(1) Pupils or parents shall compensate schools for instructional resources lost, damaged, or destroyed while in their possession.

(2) The method and rate of compensation shall be prorated based on the number of years the instructional resources have been in use. The total compensation charged to a pupil or parent shall not exceed the lowest wholesale price of the initial purchase.

(3) Funds collected shall be credited to the school's instructional resource account.

Section 21.

(1) A local superintendent shall assume responsibility for the disposal of instructional resources no longer suitable for classroom instruction.

(2) Funds from the sale of the instructional resources shall be credited to the school's instructional resource account.

Section 22.

(1) A child shall not be denied full participation in any educational program due to an inability to purchase necessary instructional resources. A local school district shall make available free instructional resources to all children in grades nine (9) through twelve (12) who are unable to rent or purchase instructional resources, using the eligibility guidelines for the free and reduced price lunch program.

(2) A local school district shall adopt policies and procedures so that, at the beginning of the school year, pupils or their parents are given written notice of how to obtain free and reduced rental instructional resources. The policies and procedures shall also insure that any written communication regarding payment of fees for instructional resources shall include a form that parents may use to request waiver or partial waiver of instructional resource fees.

(3) A local district shall keep records that include:

(a) The numbers of pupils in grades nine (9) through twelve (12) receiving free lunches and reduced price lunches;

(b) The number of pupils in grades nine (9) through twelve (12) who request or apply for, or whose parents request or apply for, free or reduced rental instructional resources and the number of pupils receiving free or reduced rental instructional resources; and

(c) Copies of any forms, notices, or instructions used by schools in the collection of instructional resource fees or the provision of free or reduced rental instructional resources.

(4) In the provision of instructional resources to indigent children, a child shall not be discriminated against because of race, sex, color, national origin, age, or disability and there shall not be an overt identification of any indigent children.

Section 23.

(1) A public school student shall have access to necessary instructional resources which shall be furnished free of charge in grades primary through eight (8), and, except for students otherwise partially or wholly exempted from the rental fee, shall have the instructional resources available for the reasonable rental fee set forth in Section 17 of this administrative regulation for each subject studied in grades nine (9) through twelve (12).

(2) Quantities of instructional resources needed for each student and each classroom shall be determined at the school level.

Section 24. Incorporation by Reference.

(1) The "Manufacturing Standards and Specifications for Textbooks", dated August 15, 2002, is incorporated by reference.

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

History

• RELATES TO: KRS 156.027, 156.400-156.476, 157.100-157.190, 160.345
• STATUTORY AUTHORITY: KRS 156.027, 156.410, 156.433, 156.437, 156.439, 156.474, 156.476, 157.110, 157.140, 157.150, 157.160
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.433 and 156.439 require that administrative regulations be promulgated to: define instructional resources; identify instructional resources eligible for purchase with state instructional resource funds; identify instructional resources which are subject to review before being recommended for use; establish a procedure for the review of instructional resources and a process for adding an instructional resource to the recommended list; establish a method for calculating and distributing a school district's instructional resource allocation; and design a planning instrument for each school to use in documenting its instructional resource needs during each adoption period. This administrative regulation establishes the standards and procedures which are necessary to carry out the statutory requirements dealing with instructional resources.
• History: 704 KAR 003:455. 21 Ky.R. 785; eff. 1-9-1995; 24 Ky.R. 760; 1093; eff. 11-6-1997; 29 Ky.R. 1889; 2285; eff. 3-19-2003; Crt eff. 11-16-2018; TAm eff 11-18-2022; Crt eff. 8-11-2025.

704 KAR 3:480 Reading diagnostic and intervention grants {#sec-704-kar-3-480 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:480}

Section 1. Selection of Grants.

(1) A public school that enrolls primary students, including the Kentucky School for the Blind and the Kentucky School for the Deaf, shall be eligible to apply for a grant.

(2) A school council or, if none exists, a school, may apply for a grant individually or jointly with another school.

(3) A grant application shall only be advanced by a school.

(4) A grant application shall not override an individual school council's policy-making authority over instructional practices to meet identified reading needs pursuant to KRS 160.345.

(5) A grant application shall be based on selection of a reading diagnostic and reading intervention program as established in KRS 158.792 (1)(b) and (c) that meets identified reading needs.

(6) A grant application shall indicate the fiscal agent as a local board of education or other entity eligible to enter into a memorandum of agreement to receive state education funds. The fiscal agent for the Kentucky Schools for the Blind or Deaf shall be the Kentucky Department of Education.

(7) Funds shall be made available to an eligible applicant through a Request for Application (RFA) process. The contents of each RFA notice shall be subject to approval by the Reading Diagnostic and Intervention Grant Steering Committee.

(8) To be eligible for funding, an application shall:

(a) Include the contents required by KRS 158.792(3)(b); and

(b) Specify the matching funds that will be allocated to directly support the implementation of the reading diagnostic and intervention program, as required by KRS 158.792(4).

(9) A grant application shall be subject to approval by the principal and superintendent to ensure that the grant application includes adequate resources to implement the reading diagnostic and intervention program. The use of categorical funds for matching funds shall be subject to approval by the local board of education.

(10) Matching funds shall include funds allocated by or under the discretion of the school council, or if none exists, by the local board of education.

(11) Matching funds may be identified from other state, federal, local or nonpublic sources, within the uses and conditions set forth by the source of those funds.

(12) The criteria for selection of applications for funding shall include the following:

(a) Identification of literacy needs to include a description of the comprehensive reading model that is currently in place at the school and the compelling need for the reading diagnostic and intervention grant;

(b) Identification of the research-based reading diagnostic and intervention program as established in KRS 158.792 to be funded through the grant;

(c) Professional Development Plan describing a plan for building capacity within the school through professional development specific to reading diagnostics and intervention;

(d) Description of the plan for implementing the reading diagnostic and reading intervention program;

(e) Assessment and evaluation plan describing how the school will evaluate the continuous progress of students involved in the intervention program; and

(f) Budget and budget narrative to describe the fiscal resources needed for the program, any matching funds or cash contributions used to support the program, and a detailed explanation of how the funds will be used.

(13) The Department of Education shall make available materials to assist a school in the preparation of a grant application.

(14) Independent evaluators shall review the applications. The Reading Diagnostic and Intervention Grant Steering Committee shall make recommendations for funding based upon the results of the review. The independent evaluators shall have:

(a) Knowledge of 704 KAR 3:303, the Required Program of Studies; and

(b) Understanding and experience in early instruction, including a comprehensive reading program as described in KRS 158.792(1)(a).

Section 2. Grant Allocations and Requirements.

(1) The award size or range of grants shall be determined by the Reading Diagnostic and Intervention Grant Steering Committee.

(2) In determining the amount of the grant award, the following shall be considered:

(a) The cost of proposed activities needed to implement the reading diagnostic and intervention program selected; and

(b) The need for and amount of other funds to support activities related to the reading diagnostic and intervention program.

(3) Grant funds shall be limited to direct costs required to implement the reading diagnostic and intervention program.

(4) Monitoring of awarded grants shall include at least the following:

(a) Fiscal reports submitted to the Department of Education;

(b) Program evaluation reports on the implementation of the reading diagnostic and intervention program; and

(c) Documentation of the impact of the reading diagnostic and intervention program on the reading of qualified students served to include student progress on reading assessments.

(5) Prior to submitting each annual report to the Interim Joint Committee on Education as required by KRS 158.792(6), the Department of Education shall, in consultation with the Reading Diagnostic and Intervention Grant Steering Committee, provide a written report to the Kentucky Board of Education regarding grant activities and the use of grant funds.

History

• RELATES TO: KRS 158.070(8), 158.792, 158.794
• STATUTORY AUTHORITY: KRS 156.070(4), 158.792(3)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 authorizes the Kentucky Board of Education to promulgate administrative regulations establishing standards which school districts shall meet in student, program, service and operational performance. KRS 158.792(3) requires the board to promulgate administrative regulations to establish an application process and the criteria for funding reading diagnostic and intervention grants from the Read to Achieve Act of 2005, established in KRS 158.792. This administrative regulation establishes the application process and selection criteria.
• History: 25 Ky.R. 1770; 2150; eff. 3-1-1999; 32 Ky.R. 1336; 1616; eff. 3-31-2006; Cert eff. 11-16-2018; Cert eff. 2-6-2025.

704 KAR 3:490 Teachers' Professional Growth Fund {#sec-704-kar-3-490 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:490}

Section 1. Definitions.

(1) "Coach" means a teacher leader whose primary responsibility is to provide on-going support for one (1) or more teachers, including improving teaching practices by working with teachers in their classrooms, observing and providing feedback to them, modeling appropriate teaching practices, conducting workshops or institutes, establishing learning communities, and gathering appropriate and useful resources.

(2) "Mathematics diagnostic assessment" means an assessment as established in KRS 158.842(1)(d).

(3) "Mathematics intervention program" means a program established in KRS 158.842(1)(e).

(4) "Mentor" means an experienced coach who typically works with beginning or novice teachers only.

(5) "Teacher of a core discipline" means a public school teacher of mathematics, science, language arts, or social studies in a self-contained or collaborative classroom or in a departmentalized setting, including career and technical education teachers, teachers of exceptional children and teachers of children with limited English proficiency.

Section 2. Certification of Approved Professional Development Providers.

(1) An approved provider may include:

(a) Teachers or university professors with expertise in the core discipline and the teaching of the core discipline;

(b) Schools;

(c) School districts;

(d) Colleges;

(e) Universities;

(f) Educational cooperatives;

(g) Professional development consortia; or

(h) Professional organizations.

(2) A provider shall submit the following to the Kentucky Department of Education (KDE) for approval:

(a) A syllabus or outline of the course or professional development program offered by the provider, including available dates and times, if possible;

(b) A description explaining how the course or program meets the requirements as specified in KRS 156.553 and in 16 KAR 1:010, Section 3, related to experienced teacher standards;

(c) The qualifications of the instructor or instructional leader;

(d) An explanation of how the course or program will improve a teacher's knowledge of content, instructional practices and student learning in the core discipline; and

(e) Itemized costs for the course or program.

(3) A university or college offering a course as defined by the Education Professional Standards Board in accordance with KRS 156.553(3) shall not be required to be certified as a provider in order for the teacher to be eligible for tuition reimbursement.

Section 3. Funding priorities and processes for 2006 - 2010.

(1) Priority for the use of funds from the Teacher's Professional Growth Fund shall be given in accordance with KRS 156.553(9).

(2) Selection of statewide institute providers in mathematics and reading shall include the following:

(a) Approved professional development providers for mathematics coaches and mentors shall be determined by the Kentucky Department of Education based on recommendations from the Committee for Mathematics Achievement as referenced in KRS 158.842; and

(b) Approved professional development providers for reading coaches and mentors shall be determined by the Kentucky Department of Education based on recommendations from the Collaborative Center for Literacy Development and the Reading Steering Committee under KRS 156.553(9).

(3) Local school districts, colleges, universities, and other entities may apply for grants to accomplish the purposes outlined in KRS 156.553(2) and (9).

(4) Criteria for Eligible Activities. The fund may be used by local school districts, colleges, universities, other entities, and selected teachers for participation in approved activities as specified in KRS 156.553(2) and (9).

Section 4. Application Process For Teachers Professional Growth Fund Activities.

(1) Fall semester activities shall be completed by December 31, spring semester activities shall be completed by May 31, and summer activities shall be completed by August 15.

(2) An application shall include the following:

(a) Proposed coursework from an approved provider, or an approved professional development program;

(b) Certification from the principal that the teacher is employed or will be employed as a teacher with responsibility for teaching in the core discipline, and that the teacher's plan is consistent with the teacher's individual growth plan or the school's consolidated plan;

(c) An explanation of how the proposed activities will improve the teacher's knowledge of the content area, instructional practices and student learning;

(d) A budget not to exceed $2,500 with an explanation of proposed expenditures; and

(e) The signature of the school district superintendent or designee indicating that necessary human and financial resources to support the application are available, if applicable.

(3) If a teacher applicant requests to access these funds for the purpose of pursuing the continuing education option for rank change established in 16 KAR 8:030, the teacher shall submit a copy of the letter from the Education Professional Standards Board stating that the teacher has been accepted as a candidate for this program. The acceptance letter shall establish the teacher as the approved professional development provider required under Section 2 of this administrative regulation.

(4) If a teacher's plan involves an unapproved provider, the teacher shall include information required under Section 2(2) of this administrative regulation to be considered for approval.

(5) The application may be submitted for approval to the Department of Education electronically by the teacher or through the district professional development coordinator. A superintendent's approval also may be submitted electronically.

(6) The budget for an individual teacher plan shall not exceed $2,500 per fiscal year. A region shall be allocated an amount from the fund that is proportional to the number of teachers in the region. If all funds are not expected to be used by teachers in the region based on the proposed plans submitted by March 30, the funds shall be made available to teachers statewide based on need as demonstrated by student performance. If the requests exceed the funds available, the plans shall be approved based on the date and time of application.

(7) Travel costs shall be reimbursed pursuant to 200 KAR 2:006. A request may include a reasonable stipend per day based on a six (6) hour day. Reimbursements and stipends shall be paid as soon as possible upon receipt by KDE of a final report from the teacher.

Section 5. Reimbursement Process.

(1) The final report for fall and spring activities shall be submitted no later than May 31. The final report for summer activities shall be submitted to KDE no later than thirty (30) days after the completion of the activity.

(2) The report shall include the following:

(a) Evidence of accomplishment by the teacher providing:

1. Documentation of successful completion of the course or program certified by the approved provider; or

2. Evidence that a full or partial portfolio has been submitted for scoring to the EPSB if the teacher is a candidate for the continuing education option for rank change;

(b) An evaluation of the course or program; and

(c) Documentation of expenditures by completing a miscellaneous expense voucher provided by the Kentucky Department of Education.

History

• RELATES TO: KRS 156.551, 156.553, 158.842
• STATUTORY AUTHORITY: KRS 156.553(6), 156.070
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.553(6) authorizes the Kentucky Board of Education to promulgate an administrative regulation for administration of a Teachers' Professional Growth Fund. This administrative regulation establishes the application and approval process for receipt of funds, the requirements and process for distribution of funds, and the number and kind of approved programs and courses for which applicants may receive funds.
• History: 704 KAR 003:490. 27 Ky.R. 1396; eff. 1-15-2001; 28 Ky.R. 691; eff. 11-5-2001; 32 Ky.R. 2154; 33 Ky.R. 390; eff. 8-7-2006; Crt eff.11-16-2018; Crt eff. 6-9-2025.

704 KAR 3:500 Professional Development Leadership and Mentor Fund {#sec-704-kar-3-500 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:500}

Section 1. Definitions.

(1) "Classroom mentor" means a highly-skilled, experienced teacher or administrator possessing current professional knowledge and the specific pedagogy in mathematics, language arts, writing, science, social studies, arts and humanities, practical living and vocational studies, or reading who provides systematic and on-going support and assistance to other teachers in a school or school district to help them improve their teaching skills and practices.

(2) "Highly skilled" means documented expertise in content knowledge, student learning, and assessment, the ability to teach all students to meet the proficient standard, and the ability to use effective communication skills with other professionals.

(3) "Professional development leader" means a highly-skilled teacher or administrator who serves in a supportive, ongoing role to provide professional development training and materials to teachers.

(4) "Teaching partner" means a highly-skilled teacher or administrator who is available during the school day to collaborate, teach, and work with a teacher within the classroom setting.

Section 2. Purpose of Program. The Professional Development Leadership and Mentor Fund provides competitive grants to pay one (1) or more teachers or administrators additional compensation to develop and implement an action plan for improving the academic performance of students.

Section 3. Selection of Grants.

(1) A public school that enrolls students that includes grades P-12 shall be eligible to compete for a $10,000 grant. Preference shall be given to schools with a high percentage of students scoring at the novice level on the core content section of the Kentucky Core Content Test (KCCT) that relates to the area for which the mentor program is focused.

(2) The following organizations may apply for the grant:

(a) A school council or school;

(b) A school jointly with one (1) or more schools, e.g., a high school and feeder middle school;

(c) A school district; or

(d) A school district jointly with one (1) or more school districts.

(3) The application shall be submitted by June 15, 2001 and by May 1 in subsequent years and have the approval of the participating district local board of education.

(4) Funds shall be made available to an eligible school through a request for proposal (RFP) process. A grant application shall indicate the fiscal agent as a local board of education or other entity eligible to enter into a memorandum of agreement to receive state education funds.

(5)

(a) Priority shall be given to applications in 2001-2002 for mentoring programs designed to improve reading instruction for all students in the school resulting in increased reading assessment scores. In subsequent years, and based on the available funds, the Kentucky Board of Education shall determine the core discipline areas and grade levels for which priority of funding shall be provided and notify eligible recipients.

(b) To be eligible for funding, an application shall:

1. Propose a project designed to improve instruction for all students in the school resulting in increased assessment scores in the focus core area;

2. Designate a position as a classroom mentor, teaching partner, or professional development leader who will receive additional compensation (separate and apart from the base salary) for planning and facilitating the project, providing professional development for fellow teachers, and working in classrooms with teachers. Assistance may be focused on improving the skills in instruction of emergency-certified teachers;

3. Include an assessment of need and rationale for proposing the project;

4. Describe how the district will support the project and include a provision for improving the knowledge and skills of the classroom mentor, teaching partner, or professional development leader through ongoing professional development funded by the school or district; and

5. Describe how the project will be evaluated.

(6) The Commissioner of Education shall appoint a panel of educators knowledgeable about instruction to review the applications for funding based on the following criteria:

(a) Percentage of students scoring at the novice level on the KCCT;

(b) Effectiveness of the description of the rationale for the project;

(c) Effectiveness of the model proposed for the project;

(d) Level of commitment of the district, school and classroom mentor, teaching partner, or professional development leader;

(e) Qualifications of the classroom mentor, teaching partner, or professional development leader to assist teachers and plan for his or her own professional development;

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

(g) Efficiency and effectiveness of the budget.

(7) Applications that involve other partners such as a feeder school, a higher education institution, or other interested entity, or that integrate the proposal with existing school programs, shall receive additional consideration.

(8) After consideration of the criteria established in subsection (6) of this section, geographic distribution may be considered.

Section 4. District Requirements.

(1) A payment made from this fund under the requirements of this administrative regulation shall be disbursed by the Department of Education directly to the local school district in which the mentor is employed for the July 1 to June 30 fiscal year.

(2) The local school district shall be responsible for disbursing the payment to the mentor and deducting any relevant withholdings prior to disbursing the funds to the mentor.

(3) A local school district shall verify that the mentoring activities have been accomplished and request reimbursement by May 1 of the grant year.

History

• RELATES TO: KRS 157.390
• STATUTORY AUTHORITY: KRS 157.390
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 157.390 authorizes the Kentucky Board of Education to promulgate an administrative regulation for administration of a Professional Development Leadership and Mentor Fund to provide additional compensation to a classroom teacher or administrator for serving as a classroom mentor, teaching partner, or professional development leader in core discipline areas. This administrative regulation establishes the guidelines for programs and activities that qualify for funds including the application and approval process for receipt of funds, the individual participant requirements, the amount of compensation, the timelines, and the reporting requirements.
• History: 28 Ky.R. 759; 1125; eff. 11-5-2001; Crt eff. 11-16-2018; Crt eff. 3-27-2025.

704 KAR 3:510 Advanced placement {#sec-704-kar-3-510 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:510}

Section 1. Criteria for Designating a Course Advanced Placement. A school may designate a course as advanced placement if it meets all of the following criteria:

(1) The course is identified as an advanced placement course by the college board;

(2) The course includes the content as described in the college board overview, description, and recommended course syllabus for the appropriate course;

(3) The course is aligned with Kentucky's Academic Expectations as established in KRS 158.6451 and Kentucky's Program of Studies as established in 704 KAR 3:303; and

(4) The course prepares a student to take and be successful on the appropriate advanced placement examination administered by the college board.

Section 2. Program Standards for Student Admission Criteria. Each high school school-based decision making council, or the principal if none exists, shall establish a policy on the recruitment and assignment of students to advanced placement courses. The policy shall:

(1) Provide equitable access for participation in advanced placement courses for all students using either or both on-site instruction or electronic instruction, including the Kentucky Virtual High School;

(2) Provide for sharing information with all students through the individual graduation plan process as established in 704 KAR 3:305 and other means regarding the benefits of taking advanced placement courses and advanced placement examinations including the potential for earning college credit;

(3) Establish an equitable process for recruitment of underrepresented students in advanced placement courses including:

(a) Racial minorities;

(b) Students with limited English proficiency;

(c) Students who qualify for free and reduced lunch;

(d) Students with disabilities; and

(e) Males or females;

(4) Provide for the assignment to advanced placement courses teachers certified in the appropriate content area and prepared through professional development to teach the advanced placement course.

Section 3. Data Collection and Reporting. Information about advanced placement classes offered and student performance shall be reported on the expanded school report card as required in 703 KAR 5:140. Data shall be used to make revisions to the comprehensive school improvement plan.

History

• RELATES TO: KRS 158.007, 158.622, 158.6451, 160.348
• STATUTORY AUTHORITY: KRS 158.622(1), 156.070(5)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.622(1) requires the Kentucky Board of Education to promulgate an administrative regulation establishing the criteria a school shall meet in order to designate a course an advanced placement course, including content and program standards concerning student admission criteria, data collection, and reporting. This administrative regulation establishes those criteria.
• History: 70 KAR 003:510. 29 Ky.R. 1916, 2289, eff. 3-19-2003; Crt eff.11-16-2018; Crt eff. 6-9-2025.

704 KAR 3:530 Mathematics Achievement Fund {#sec-704-kar-3-530 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:530}

Section 1. Application Process.

(1) A Kentucky public school district, including the Kentucky School for the Blind and the Kentucky School for the Deaf, shall be eligible to apply for a grant.

(2) A grant application shall be submitted by a local school district.

(3) A grant application shall respect a local school council's policy-making authority regarding instructional practices to meet identified mathematics needs.

(4) A grant application shall specify selected mathematics intervention strategies and program and diagnostic assessments.

(5) A grant application shall indicate the fiscal agent as a local board of education eligible to enter into a request-for-application to receive state education funds. The fiscal agent for the Kentucky School for the Blind or Deaf shall be the Kentucky Department of Education.

(6) Funds shall be made available to an eligible applicant through a request-for-application process.

(7) To be eligible for funding, an application shall:

(a) Include the contents required by KRS 158.844; and

(b) Specify the matching funds or in-kind contributions that will be allocated to directly support the implementation of the intervention strategies or program, as required by KRS 158.844.

(8) A grant application shall be subject to approval by the involved principal, superintendent, and the local board of education of the public school district submitting the grant to ensure the grant application includes adequate resources to implement the intervention strategies and program.

(9) Matching funds may be identified and used from other state, federal, local, or nonpublic sources, within the uses and conditions set forth by the source of those funds.

Section 2. Selection of Grants.

(1) The criteria for selection of applications for funding shall be based on the appropriateness and quality of the following:

(a) Process for identifying at-risk students in mathematics;

(b) Identification of the research-based diagnostic assessment and intervention strategies or program;

(c) Plan for school and district professional development on mathematics diagnostic assessment and intervention strategies;

(d) Implementation plan;

(e) Program evaluation to include student performance data;

(f) Level of individual commitment for teacher professional development;

(g) Capacity to implement the intervention strategies or program; and

(h) Budget, including the efficient and effective use of proposed grant funds and matching funds.

(2) An application shall be reviewed as follows:

(a) Independent evaluators shall review the applications based upon an approach recommended by the Committee for Mathematics Achievement and the Center for Mathematics; and

(b) The Kentucky Department of Education shall approve funding based upon the results of the review. Consideration may be given to provide for geographic diversity and the number of at-risk students to be served.

(3) The independent evaluators shall have:

(a) Knowledge of this administrative regulation, the appropriate statutes, the Kentucky Program of Studies (704 KAR 3:303), and the Academic Expectations (703 KAR 4:060); and

(b) Experience with developmentally-appropriate mathematics instruction, including background knowledge of the essential components of learning mathematics.

Section 3. Grant Allocations and Requirements.

(1) The award size or range of grants shall be determined by the Kentucky Department of Education with guidance from the Committee for Mathematics Achievement and the Center for Mathematics.

(2) Grant funds shall be limited to direct costs to implement the diagnostic assessment and intervention services selected.

(3) Monitoring of awarded grants shall include at least the following:

(a) Fiscal reports submitted quarterly to the Department of Education;

(b) Annual program evaluation reports on the implementation of the diagnostic assessment and interventions; and

(c) Documented evidence of student progress results for the diagnostic assessment and intervention services, including criteria for progress on diagnostic assessments, state assessment data, and "No Child Left Behind Act of 2001", 20 U.S.C. 6301 et seq., data.

(4) The approved school district shall be eligible for a two (2) year renewable grant based on evidence supporting continuous progress.

History

• RELATES TO: KRS 158.840, 158.842, 158.844
• STATUTORY AUTHORITY: KRS 156.070, 158.844(7)(b)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.844(7)(b) requires the Kentucky Board of Education to promulgate an administrative regulation for administration of the Mathematics Achievement Fund. This administrative regulation establishes the application and approval process for receipt of funds and the requirements and process for distribution of funds.
• History: 32 Ky.R. 2213; 33 Ky.R. 391; eff. 8-7-2006; Cert eff. 11-16-2018; Cert eff. 2-6-2025.

704 KAR 3:535 Full-time enrolled online, virtual and remote learning programs {#sec-704-kar-3-535 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:535}

Section 1. Definitions.

(1) "Accountable School" is defined by 703 KAR 5:240, Section 1(1).

(2) "Alternative Education Program" is defined by KRS 160.380(1)(b).

(3) "Asynchronous learning" means forms of education, instruction, and learning that do not require interaction with others to occur at the same time through a variety of strategies and tools.

(4) "Child with a disability" is defined by 707 KAR 1:002, Section 1(9).

(5) "Full-Time Enrolled Online, Virtual and Remote Learning Program" means a public school district program that enrolls K-12 students on a full-time basis, where teachers and students are not in the same physical location and all or most of the instruction is provided online through a combination of synchronous and asynchronous learning strategies. A full-time enrolled online, virtual and remote learning program shall not be classified as an alternative education program as set forth in 704 KAR 19:002.

(6) "Individual education program" or "IEP" is defined by 707 KAR 1:002, Section 1(34).

(7) "Individual learning plan" or "ILP" is defined by 704 KAR 19:002, Section 1(6).

(8) "Synchronous learning" means forms of education, instruction, and learning that occur at the same time through a variety of strategies and tools.

(9) "Virtual and Performance-Based" means course setup and attendance verification pursuant to 702 KAR 7:125, Section 1(4)(g) and 704 KAR 3:305, Section 6.

(10) "Voluntary placement" means the placement of a student in an online, virtual and remote learning program at the request of the parent or emancipated student and with the approval of the school district to:

(a) Ensure the health and safety of the individual student including the social, emotional, and mental health needs of the student; and

(b) Meet the educational needs of the student.

Section 2. Program Requirements.

(1) For any full-time enrolled online, virtual and remote program it operates, school districts shall ensure that:

(a) All of the education services and requirements as a physical school to fully support the academic, social, emotional, and mental health needs of students are provided;

(b) The online, virtual and remote learning program meets the requirements set forth in 704 KAR 3:305;

(c) The online, virtual and remote learning program is aligned to the academic and curricular requirements of the district; and

(d) A student enrolled in a full-time enrolled online, virtual and remote learning program shall be eligible to participate in one (1) or more types of programs to address student learning needs, which shall include credit acceleration, credit accumulation, and an innovative path to graduation.

(2) Each local board of education shall adopt and annually review policies and procedures for the operation of each full-time enrolled online, virtual and remote learning program within the district. Locally-adopted policies and procedures shall include:

(a) The purpose of the program, including the ways the program supports the district's postsecondary readiness goals for students;

(b) Locally defined eligibility criteria, as appropriate;

(c) Procedures for enrolling students in the program, including procedures to ensure voluntary placement;

(d) Procedures for transitioning students out of the program;

(e) Procedures for regular, periodic monitoring of the program by the district;

(f) Procedures for the development and implementation of student ILPs as required by 704 KAR 3:305; and

(g) Implementation of an application and on-boarding process to ensure students and families understand the expectations for students in a full-time enrolled online, virtual and remote learning program and a determination of candidacy.

(3) Only students with determined appropriate digital access and support beyond the school campus shall be candidates for the full-time enrolled online, virtual and remote learning program. The district shall ensure all students enrolled in the program have appropriate digital access to fully participate.

(4) Full-time enrolled online, virtual and remote learning program curriculum shall be aligned with the Kentucky Academic Standards established in 704 KAR Chapter 8 and the student learning goals in the ILP.

(5) Each student enrolled in a full-time enrolled online, virtual and remote learning program shall be subject to the minimum graduation requirements established in 704 KAR 3:305 and any additional local district graduation requirements.

(6) Each student enrolled in a full-time enrolled online, virtual and remote learning program shall participate in the state-required assessment program and be included in the state accountability system as set forth in 703 KAR Chapter 5.

(7) A full-time enrolled online, virtual and remote learning program shall be subject to all applicable requirements of 703 KAR 5:225 and Kentucky's Consolidated State Plan implementing the Elementary and Secondary Education Act of 1965 as amended by the Every Student Succeeds Act of 2015, or its successor.

(8) Each student participating in a full-time enrolled online, virtual and remote learning program shall be eligible to access extracurricular activities and programs as allowed by local district and school council policies and by 702 KAR 7:065 or other applicable organization rules.

(9) Each student enrolled in a full-time enrolled online, virtual and remote learning program shall have access to instructional and support resources and services available to other students in the district, which shall include instructional materials, tutoring, intervention, and counseling services, in furtherance of each student's educational program as determined through the development of the ILP.

(10) The school district shall document each student enrolled in a full-time enrolled online, virtual and remote learning program as non-transported in the state student information system for transportation funding purposes.

Section 3. Placement of Students.

(1) Enrollment of any student in a full-time enrolled online, virtual and remote learning program shall be a voluntary placement.

(2) A student entering a full-time enrolled online, virtual and remote learning program shall meet the eligibility requirements for the program established by the local board pursuant to Section 2 of this administrative regulation.

(3) Voluntary placement of a child with a disability in a full-time enrolled online, virtual and remote learning program shall be made through the Admissions and Release Committee (ARC) pursuant to 707 KAR 1:320. The ARC shall document the student's voluntary placement in the full-time enrolled online, virtual, and remote learning program in the ARC Conference Summary.

(a) The voluntary placement decisions for a student who has been identified under 29 U.S.C. §794, Section 504 of the Rehabilitation Act of 1973, as amended, shall be made through a team process consistent with the applicable requirements outlined in 34 C.F.R. Part 104.

(b) The district shall fully implement any accommodation required by 29 U.S.C. §794, Section 504 of the Rehabilitation Act of 1973, as amended and any IEP for a child with a disability in a full-time enrolled online, virtual and remote learning program. The district shall ensure the Section 504 Team and Admissions and Release Committee (ARC) was involved in determining how all special education, related services, and accommodations shall be implemented for a child with a disability in the program.

Section 4. Costs and Expenditures. Each district shall use the statewide financial management system and chart of accounts to track costs and expenditures associated with each full-time enrolled online, virtual and remote learning program operating in the district.

Section 5. Data.

(1) Each district shall utilize the student information system to enter data regarding each student in a full-time enrolled online, virtual and remote learning program.

(2) Data collected shall include demographic, programmatic, or other data fields contained in the student information system or required by the department to track and report student enrollment, educational programming, achievement, and transition to and from enrollment in the full-time enrolled online, virtual and remote learning programs. Beginning with the 2025-2026 school year, each student in a full-time enrolled online, virtual and remote learning program shall be enrolled in an accountable school in the state student information system.

Section 6. Personnel.

(1) Full-time enrolled online, virtual and remote learning program teachers and administrators shall be:

(a) Subject to the teacher certification requirements established in KRS 161.020;

(b) Subject to the classified and certified assignment restrictions established in KRS 160.380; and

(c) Employed pursuant to an employee contract with a Kentucky public school district for no less than 185 days and paid pursuant to a single salary schedule as established in KRS 157.350(1) and (3).

(2) The district shall ensure a system of high-quality professional learning on the high-quality instructional resources and on evidence-based instructional practices for virtual learning.

Section 7. Class Size. Full-time enrolled online, virtual and remote learning programs shall meet the requirements set forth in KRS 157.360 and 702 KAR 3:190 for maximum class sizes and exemptions thereto.

Section 8. Student Attendance.

(1) Students in a full-time enrolled online, virtual and remote learning program authorized by this administrative regulation shall be counted in attendance.

(2) Attendance for students in a full-time enrolled online, virtual and remote learning program authorized by this administrative regulation shall be collected as follows:

(a) Attendance shall be recorded at the course level for middle and high school students by certified teachers;

(b) Attendance shall be recorded at least two (2) times each school day for elementary school students with checks three (3) hours apart by certified teachers;

(c) Attendance for each course shall be recorded in the student information system attendance tables;

(d) Courses shall not be set up as virtual and performance-based;

(e) Attendance clerks or other assigned district personnel shall reconcile attendance for each course or period to ensure proper codes are entered for absent students. Attendance event absence codes shall be entered at the office level (for example, doctor excuses or parent excuses); and

(f) District attendance records for full-time enrolled online, virtual and remote learning programs shall be subject to audit by the Kentucky Department of Education.

(3) Students in a full-time enrolled online, virtual and remote learning program shall be subject to the compulsory attendance laws set forth in KRS Chapter 159. School districts operating a full-time enrolled online, virtual and remote learning program shall develop and implement policies to address attendance absences, which shall include:

(a) The attendance status of students with an internet outage;

(b) The process to return students to in-person instruction for truancy violations; and

(c) The district process for actions it shall take pursuant to KRS Chapter 159 for truant students.

Section 9. Curriculum, Content, and Instruction.

(1) The full-time enrolled online, virtual and remote learning program shall provide instruction aligned to the grade-level expectations established in the Kentucky Academic Standards in704 KAR Chapter 8, including the selection, vetting, and implementation of high-quality instructional resources aligned to the Kentucky Academic Standards and grade-level appropriate assignments. Districts shall maintain evidence of having systemic formative assessment processes in place to:

(a) Accurately measure student progress on grade-level standards for students enrolled in a full-time enrolled online, virtual and remote learning program; and

(b) Support students enrolled in the full-time enrolled online, virtual and remote learning program needing accelerated learning on grade-level standards within universal instruction as well as those students who need more targeted interventions and supports.

(2) The full-time enrolled online, virtual and remote learning program shall implement synchronous learning strategies and digital platforms for two-way visual and verbal interactions. Additionally, the full-time enrolled online, virtual and remote learning program shall utilize a learning management system or other digital platforms that allows teachers to monitor student's progress, interactions and engagement with the teacher, and other students online for the review of student work and completion of assignments through both synchronous and asynchronous interactions.

(3) Students in a full-time enrolled online, virtual and remote learning program shall be assigned a schedule that aligns with the standard day of in-person students. Virtual student schedules shall adhere to the standard day and hour requirements set forth at KRS 158.070.

(4) The full-time enrolled online, virtual and remote learning program shall ensure attainment of the declarations and goals set forth by KRS 158.6451.

(5) Students in the full-time enrolled online, virtual and remote learning program shall receive access to the essential workplace ethics programs, including characteristics critical to success in the workplace, as established in KRS 158.1413.

Section 10. Virtual and Performance-Based Students. Students with courses utilizing virtual and performance-based course set up and attendance verification pursuant to 702 KAR 7:125, Section 1(4)(g) and 704 KAR 3:305, Section 7 may be enrolled in the full-time enrolled online, virtual and remote learning program but shall not be covered by this administrative regulation.

History

• RELATES TO: KRS 156.070, 156.160, 158.070, 158.1413, 158.4416, 158.6451, 160.345, 160.380
• STATUTORY AUTHORITY: KRS 156.070, 156.160
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 authorizes the Kentucky Board of Education to have management and control of programs operated in the common schools. KRS 156.160 requires the Kentucky Board of Education to promulgate administrative regulations establishing standards which school districts shall meet in program service to students. This administrative regulation establishes minimum requirements for the operation of full-time enrolled online, virtual and remote learning programs in school districts for grades K-12.
• History: 704 KAR 003:535. 49 Ky.R. 699, 1260; eff. 3-7-2023; 51 Ky.R. 567; eff. 6-3-2025.

704 KAR 3:540 Uniform academic course codes {#sec-704-kar-3-540 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:540}

Section 1. Maintenance of Uniform Academic Course Codes. The Kentucky Department of Education shall maintain a system for uniform academic course codes and all course codes, course titles, and course descriptions shall be identified. The Kentucky Department of Education shall annually review uniform academic course codes to identify courses for revision, addition, and deletion. The Commissioner of Education shall annually approve any changes to uniform academic course codes and shall publish and distribute updated course information to all districts no later than January 31 of each year.

Section 2. Uniform Academic Course Code Requirements.

(1) Local districts and schools shall use the uniform academic course codes, distributed by the Commissioner of Education annually, to classify all courses offered in each school when reporting to the Kentucky Department of Education.

(2) Reporting to the Kentucky Department of Education shall include the listing and linking of uniform academic courses.

Section 3. District and School Course Descriptions. The linking of local district and school codes to the uniform academic course codes shall be performed annually by district and school staff using the student information system.

Section 4. Annual District and School Audits. The Kentucky Department of Education shall annually audit and report the use or misuse of uniform academic course codes by districts and schools.

History

• RELATES TO: KRS 156.070, 156.160
• STATUTORY AUTHORITY: KRS 156.070, 156.160
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(1) gives the Kentucky Board of Education the management and control of the common schools. KRS 156.160 requires the Kentucky Board of Education to promulgate administrative regulations for the courses of study administered in the common schools. This administrative regulation establishes a uniform system of coding academic courses in schools and districts through the student information system. A uniform course code is required to create accurate data regarding courses offered that is utilized by schools, districts, the Department of Education, the Education Professional Standards Board, and the Office of Education Accountability.
• History: 36 Ky.R. 2260; 37 Ky.R. 60; eff. 7-12-2010; 44 Ky.R. 1657; 2015; eff. 4-6-2018; Cert eff. 8-8-2024.

704 KAR 3:550 Minimum qualifications for paraprofessionals {#sec-704-kar-3-550 omnilex-key=us-ky-regs-official--title-704--704 KAR 3:550}

Section 1. Definitions.

(1) "Classified employee" is defined by KRS 161.011.

(2) "Paraprofessional" means a classified employee, regardless of school district-assigned job title, who performs instructional support duties which may include:

(a) Providing one-on-one tutoring if tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher;

(b) Assisting with classroom management;

(c) Providing instructional assistance in a computer laboratory;

(d) Providing instructional support in a library or media center;

(e) Acting as a translator; or

(f) Providing instructional support services under the direct supervision of a teacher.

Section 2. Minimum Qualifications for a Paraprofessional.

(1) To qualify for a position as a paraprofessional in the common schools, an individual shall possess knowledge of basic subjects taught in the common schools, including arithmetic, grammar, spelling, language, and reading.

(2) Possession of the knowledge required in subsection(1) of this section shall be demonstrated by the successful completion of a high school diploma or a high school equivalency diploma.

Section 3. Minimum Qualifications for Paraprofessionals in Title I Schools.

(1) To qualify for a position as a paraprofessional in a school that receives funding under Title I of the Elementary and Secondary Education Act of 1965, or its successor, an individual shall meet the requirements of Section 2 of this administrative regulation, and shall possess:

(a) Two (2) years of study at an institution of higher education;

(b) An associate's degree; or

(c) A passing score on the state assessment required by Section 5 of this administrative regulation.

(2) Paraprofessionals who only serve as translators or who only conduct parental involvement activities are exempt from the requirements of this section.

Section 4. Local Education Agency Flexibility.

(1) Local education agencies may add required qualifications in addition to those set forth in this administrative regulation for paraprofessional roles.

(2) Local education agencies shall adopt and implement policies to ensure that any classified employee who meets the definition of a paraprofessional in Section 1 of this administrative regulation meets the minimum qualification requirements of this administrative regulation regardless of locally created job titles.

Section 5. Criteria for the Statewide Paraprofessional Assessment. The Kentucky Department of Education shall make available a standardized paraprofessional assessment that evaluates an individual's knowledge of:

(1) Correct oral and written usage of English;

(2) Child guidance principles and practices;

(3) Classroom procedures and conduct;

(4) Basic instructional techniques;

(5) School and classroom rules, policies, and procedures;

(6) Safe practices in classroom activities;

(7) Reading and writing communication skills;

(8) Interpersonal skills using tact, patience, and courtesy; and

(9) Record-keeping techniques.

History

• RELATES TO: KRS 161.044, 161.011, 20 U.S.C. 6319(c)
• STATUTORY AUTHORITY: KRS 161.044
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 161.044 requires the Kentucky Board of Education to promulgate administrative regulations governing the qualifications of teachers' aides in the common schools. The Every Student Succeeds Act of 2015, 20 U.S.C. secs. 6319(c), outlines the minimum requirements for paraprofessionals in schools receiving Title I funds. This administrative regulation establishes the minimum qualifications for teachers' aides and paraprofessionals in the common schools.
• History: 50 Ky.R. 2332; 51 Ky.R. 275; eff. 8-20-2024.

Chapter 4 Health and Physical Education Programs

704 KAR 4:010 Physical education {#sec-704-kar-4-010 omnilex-key=us-ky-regs-official--title-704--704 KAR 4:010}

Section 1. Elementary and secondary physical education programs or courses shall follow the descriptions and requirements as adopted in 704 KAR 8:050 and in the minimum requirements for high school graduation set forth in 704 KAR 3:305.

Section 2.

(1) A local board of education may authorize a child whose parents or guardian present a signed statement of a properly licensed physician, advanced practice registered nurse, physician's assistant, psychologist, or psychiatrist to the effect that because of the child's physical condition participation in the required one-half (1/2) credit physical education course in high school is not in the best interest of the child or to substitute a physical education course which is within the capabilities of the child as specified by the child's physician.

(2)

(a) A local board of education may exempt any child from the graduation requirements for physical education when the local board receives an affidavit from the parents of the child and the leader of a church certifying that the child is a member of the church or religious denomination, the teachings of which are opposed to the physical education curriculum or attire. The affidavit shall identify the church tenet giving rise to theconscientiously held opposition, and any exemption hereunder shall not reduce the total number of credits necessary for graduation under 704 KAR 3:305.

(b) The local school district may, in the alternative, maintain the requirement of physical education for graduation, by allowing for more modest dress or classes segregated by sex for those students having conscientious religious objections if itwill reasonably accommodate the objections.

History

• RELATES TO: KRS 156.160(1)
• STATUTORY AUTHORITY: KRS 156.070, 156.160
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(h) requires the Kentucky Board of Education to adopt administrative regulations governing medical inspection, physical and health education and recreation, and other regulations necessary or advisable for the protection of the physical welfare and safety of the public school children. This administrative regulation implements that duty relative to health and physical education instruction.
• History: 704 KAR 004:010. SBE 48.001, .002, .003, .004, .005, .006, .020, .030, .040, .050, .060, .070, .080; 1 Ky.R. 81; eff. 11-13-1974; 4 Ky.R. 195; eff. 6-7-1978; 5 Ky.R. 43; eff. 9-6-1978; 1086; eff. 8-1-1979; 8 Ky.R. 72; eff. 9-2-1981; 11 Ky.R. 1885; eff. 7-9-1985; 12 Ky.R. 963; 1341; eff. 2-4-1986; 17 Ky.R. 2056; eff. 2-7-1991; Crt eff. 11-16-2018; 52 Ky.R. 104, 566; eff.10-14-2025.) COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.

Chapter 5 Kindergartens and Nursery Schools

704 KAR 5:060 Entrance of five (5) year olds into primary school program for compulsory attendance purposes {#sec-704-kar-5-060 omnilex-key=us-ky-regs-official--title-704--704 KAR 5:060}

Section 1. Any five (5) year old child not otherwise subject to compulsory attendance laws, but who voluntarily enrolls in the primary school program at the beginning of the school year, may upon parental or guardian's written request be withdrawn from the program at any time within the first two (2) school calendar months, at the end of such trial period of time such a child shall be considered irrevocably entered into the primary school program for purposes of KRS 159.010 and 159.020.

History

• RELATES TO: KRS 156.031, 159.010, 159.020
• STATUTORY AUTHORITY: KRS 156.070, 159.130
• 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 159.010 and 159.020 require any five (5) year old child who has voluntarily "entered" the primary school program to thereafter be subject to compulsory attendance laws. This administrative regulation is necessary to interpret official and final entry into the primary school program for such children to occur only after the first two (2) months of school to allow for withdrawal of five (5) year olds demonstrating a lack of maturity or readiness for beginning the primary school program.
• History: 704 KAR 005:060. 15 Ky.R. 1194; eff. 12-2-1988; 17 Ky.R. 2057; eff. 2-7-1991; Crt eff. 11-16-2018; Crt eff. 10-2-2025.

704 KAR 5:070 Common kindergarten entry screener {#sec-704-kar-5-070 omnilex-key=us-ky-regs-official--title-704--704 KAR 5:070}

Section 1. Definitions.

(1) "Prior early learning settings" means the following five (5) categories of early learning settings in which each student participated prior to attending kindergarten:

(a) Child care center;

(b) Head Start program

(c) State funded preschool;

(d) Home; or

(e) Other.

(2) "School readiness" means a student entering school is ready to engage in and benefit from early learning experiences that best promote the student's success.

(3) "Screener" means an instrument designed to identify students who need further diagnostic assessment for evaluation.

(4) "System of measurement" means the use of multiple assessments for multiple purposes across the learning continuum for data to be tracked and used to guide continuous improvement for students.

Section 2. Required Common Kindergarten Entry Screener. In accordance with KRS Chapter 45A, the Department shall adopt a statewide common kindergarten entry screener that:

(1) Aligns with the definition of school readiness and the standards established in Building a Strong Foundation for School Success: Kentucky's Early Childhood Standards;

(2) Assesses the domains of adaptive, cognitive, communication, motor, and social emotional as established in Building a Strong Foundation for School Success: Kentucky's Early Childhood Standards;

(3) Is a reliable and valid screener for its intended purposes for the target populations, including English learners and students with disabilities; and

(4) Produces point-in-time student level results that indicate level of school readiness in the five (5) domains listed in subsection (2) of this section.

Section 3. Administration of the Common Kindergarten Entry Screener.

(1) Beginning in the 2013-2014 academic year, each Kentucky public school district shall administer the common kindergarten entry screener adopted by the Department in accordance with Section 2 of this administrative regulation.

(2) Each school district shall administer the common kindergarten entry screener to each student entering kindergarten in the school district no earlier than fifteen (15) days prior to the start of the current academic year and no later than the thirtieth (30th) instructional day of the academic year.

Section 4. Data Collection and Reporting.

(1) Each school containing kindergarten students shall enter the data from the common kindergarten entry screener in the student information system within fifteen (15) instructional days of the district's administration of the common kindergarten entry screener but no later than October 15 of each academic year.

(2) Data shall be reported by the Department at an aggregate level by:

(a) School district;

(b) School readiness domain;

(c) Student demographics; and

(d) Prior early learning settings.

Section 5. District use of the common kindergarten entry screener.

(1) A district shall provide individual student results of the screener to parents or guardians of individual students.

(2) A district shall not use the common kindergarten entry screener results to determine eligibility for enrollment. All students who meet the enrollment requirements of KRS 159.010 shall be entitled to enter kindergarten without regard to the results of the common kindergarten entry screener.

(3) Districts may use the common kindergarten entry screener data as a system of measurement in the following ways:

(a) To inform districts, parents, and communities about early learning in order to close the school readiness gap;

(b) To make informed policy decisions at the local level to support early learning experiences prior to school entry;

(c) To establish local goals for program improvement in order to achieve early learning outcomes; and

(d) To include data as evidences in the kindergarten through 3rd grade Program Evaluation under 703 KAR 5:230.

(4) The results of the screener shall not be utilized as part of the school's or districts' overall score to determine recognition or support contained in any administrative regulation promulgated by the Board pursuant to KRS 158.6455.

Section 6. Incorporation by Reference.

(1) "Building a Strong Foundation for School Success: Kentucky's Early Childhood Standards", 2013, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, Office of Next Generation Learners, 18th Floor, Capitol Plaza Tower, 500 Mero Street, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.

History

• RELATES TO: KRS 156.070, 156.160
• STATUTORY AUTHORITY: KRS 156.070, 156.160
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 gives the Kentucky Board of Education the management and control over all programs operated in the public schools. KRS 156.160 gives the Kentucky Board of Education specific authority to promulgate administrative regulations establishing standards which school districts shall meet in student, operational, and program service to students. This administrative regulation establishes minimum requirements for administration of a common kindergarten entry screener in school districts, to determine a student's readiness for school in the five (5) domains of school readiness established in this administrative regulation.
• History: 38 Ky.R. 1410; 39 Ky.R. 35; eff. 7-13-2012; eff. 8-10-2015; 41 Ky.R. 2351; eff. 8-10-2015; Cert. eff. 5-2-2022.

Chapter 7 Office of Learning Support Services

704 KAR 7:090 Homeless Children and Youth Education Program and ensuring educational stability of children in foster care {#sec-704-kar-7-090 omnilex-key=us-ky-regs-official--title-704--704 KAR 7:090}

Section 1. Definitions.

(1) "Foster care" shall have the same meaning as defined in KRS 620.020(5).

(2) "Free, appropriate public education" means the educational programs and services provided to the children of a resident of a state consistent with state school attendance laws. These educational programs and services, for which the child meets the eligibility criteria, may include:

(a) Magnet schools;

(b) Charter schools;

(c) Compensatory education programs for the disadvantaged;

(d) Educational programs for the handicapped and students with limited English proficiency;

(e) Programs in vocational education;

(f) Programs for the gifted and talented;

(g) School meals programs;

(h) Extended school programs;

(i) Preschool programs; and

(j) Programs developed by the family resource and youth services centers.

(3) "Homeless child," "homeless children," and "homeless student" mean a child or children who are between the ages of birth and twenty-one (21) years, inclusive, and who lack a fixed, regular, and adequate nighttime residence. This definition includes children and youth who:

(a) Are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;

(b) Are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations;

(c) Are living in emergency or transitional shelters;

(d) Are abandoned in hospitals;

(e) Have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;

(f) Are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; or

(g) Are migratory children who qualify as homeless because they are living in circumstances described in this subsection.

(4) "Local educational agency" or "LEA" shall have the same meaning as defined in 20 U.S.C. 7801(30).

(5) "School of origin" means the school that the homeless child or youth or foster child attended when permanently housed or the school in which the homeless child or youth or foster child was last enrolled. This shall include preschool and designated receiving schools at the grade level for all feeder schools when a student completes the final grade level served by the school of origin.

(6) "Student attendance day" shall have the same meaning as defined in KRS 158.070(1)(e).

(7) "Unaccompanied youth" means a youth that meets the definitions of unaccompanied youth and homeless included in the McKinney-Vento Homeless Assistance Act.

Section 2. Criteria for Homeless Children and Youth Education Program Implementation.

(1) Homeless children and unaccompanied youth who reside within the boundaries of an LEA shall be provided a free, appropriate public education.

(2) Each LEA shall designate a person to be a homeless child education liaison, submit the name of the person acting as liaison to the department, and allocate sufficient time to the homeless child education liaison to perform the required responsibilities.

(3) The homeless child education liaison shall be responsible for:

(a) Obtaining all necessary records, including birth certificates and immunization records, of each homeless student and unaccompanied youth identified as living within the boundaries of the LEA and immediately placing each homeless student and unaccompanied youth in appropriate programs. If educational records are not readily available, the liaison shall personally make direct contact with the LEAs or schools of last attendance for verbal confirmation of essential information, including coursework that has been satisfactorily completed. The liaison shall assist the homeless student or unaccompanied youth to obtain essential records that are not in existence;

(b) Receiving and resolving any requests for resolution of disputes related to the educational placement of homeless students and unaccompanied youth within the LEA. The liaison shall provide the necessary information to the department for final resolution if a request cannot be resolved at the local level;

(c) Assisting the homeless student or unaccompanied youth to obtain the appropriate program and services, including transportation and referrals to medical, dental, mental health, and other appropriate programs and services;

(d) Developing procedures to ensure that homeless student or unaccompanied youth records are readily available upon request by a new receiving LEA or school;

(e) Developing relationships with known homeless service providers and state agencies in the community to identify and enroll homeless students or unaccompanied youth living there;

(f) Reviewing local data indicating the prevalence of homelessness in the community and assessing needs of local homeless children and unaccompanied youth with LEA administrators based on the review of data;

(g) Ensuring school personnel providing McKinney-Vento services receive professional development and other support related to addressing the challenges of homelessness and supporting homeless children and unaccompanied youth, including runaway youth;

(h) Ensuring unaccompanied youth are enrolled and receive support to accrue credits and access higher education; and

(i) Receiving annual department-approved training to cover at least the following topic areas:

1. The rights and services provided for homeless children and unaccompanied youth;

2. Identification of homeless children and unaccompanied youth;

3. The state dispute resolution process, data utilization, monitoring, and reporting requirements under this administrative regulation; and

4. Best practices to serve homeless children and unaccompanied youth.

(4) Consistent with KRS 156.160(1)(p), and to the extent feasible, homeless children and unaccompanied youth shall be awarded credit, including partial credit, for all coursework satisfactorily completed.

(5) To ensure credit, including partial credit, is awarded for all coursework satisfactorily completed by homeless children and unaccompanied youth, an LEA shall adopt written procedures addressing:

(a) The tool or methodology the LEA shall use to calculate credit, including partial credit, to be awarded for all coursework satisfactorily completed by homeless children and unaccompanied youth;

(b) The consolidation of partial credit, where appropriate, to provide opportunities for credit accrual that eliminate academic and nonacademic barriers for homeless children and unaccompanied youth;

(c) How the LEA shall provide students experiencing homelessness access to extracurricular and summer programs, credit transfer and electronic course services, and after-school tutoring and other extended school services available in the district to the fullest extent practicable and at nominal or no costs;

(d) The ways in which the LEA shall lessen the impact of school transfers for homeless children and unaccompanied youth, which shall include:

1. Identifying systems that are in place to ease the transition of students experiencing homelessness, particularly during the first two weeks at a new school;

2. Requiring counselors to provide timely assistance and advice to improve college and career readiness for students experiencing homelessness; and

3. Granting priority placement in classes offered by the LEA that meet state minimum graduation requirements for students who change schools at least once during a school year as a result of homelessness;

(e) How and in what circumstances the LEA shall allow a student experiencing homelessness who was previously enrolled in a course required for high school graduation to complete that course at no cost before the beginning of the next school year as required by KRS 156.160(1)(p)2.; and

(f) The required review of credit accrual and the personal graduation plan for each homeless student and unaccompanied youth that is not on track to receive a high school diploma before the fifth year of high school enrollment.

(6) To ensure credit, including partial credit, is awarded for all coursework satisfactorily completed by homeless children and youth, an LEA may adopt procedures providing for:

(a) The timely placement of a student experiencing homelessness in electives comparable to those in which the student was enrolled in or earned partial credit for the successful completion of at the previous schools;

(b) Engaging homeless students and unaccompanied youth by offering curricula that connect schoolwork with college and careers;

(c) Flexibility for homeless students and unaccompanied youth to complete credits, particularly those required for high school graduation, which may include flexible scheduling options, open entry and exit, extended year programming, or self-paced learning-based on competency;

(d) Small, personalized learning environments for students experiencing homelessness;

(e) Blended learning opportunities such as computer-based or digital learning options for students experiencing homelessness;

(f) Work-based learning programs, apprenticeships, or alternative education programs that allow homeless students and unaccompanied youth to recover credits or earn income while completing credits; or

(g) The integration of content standards from multiple subject areas into a single course for which students can earn simultaneous credit. Curriculum for integrated courses addresses standards across subject maters and may emphasize interdisciplinary connections from technical or academic areas.

(7) An LEA shall adopt written procedures for awarding a high school diploma to homeless children and unaccompanied youth who transfer after completion of the second year of high school and meet the requirements outlined in KRS 156.160(1)(p).

Section 3. Residency and Enrollment in the Homeless Children and Youth Education Program.

(1) In the best interest of the homeless student or unaccompanied youth, an LEA serving a homeless student or unaccompanied youth shall ensure that:

(a) The homeless student's or unaccompanied youth's education is continued in the school of origin for the duration of homelessness:

1. In any case in which the homeless child or unaccompanied youth becomes homeless between academic years or during an academic year; and

2. For the remainder of the academic year, if the homeless child or unaccompanied youth becomes permanently housed during an academic year; or

(b) The homeless student or unaccompanied youth is enrolled in any school that non-homeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.

(2) In determining the best interests of the homeless child or unaccompanied youth for purposes of making a school assignment under subsection (1) of this section, an LEA serving a homeless student or unaccompanied youth shall:

(a) Presume that it is in the best interest of the homeless child or unaccompanied youth to remain in the school of origin, unless doing so is contrary to a request made by the unaccompanied youth or by the parent or guardian of the homeless child regarding school selection;

(b) Consider student-centered factors, including the impact of mobility on achievement, education, health, and safety, giving priority to a request made by the unaccompanied youth or by the parent or guardian of the homeless child regarding school selection;

(c) If, after conducting the best interest determination based on the presumption in paragraph (a) of this subsection and on the student-centered factors in paragraph (b) of this subsection, the LEA determines that it is not in the homeless child's or unaccompanied youth's best interest to attend the school of origin or the school requested by the unaccompanied youth or by the parent or guardian of the homeless child, provide a written determination explaining the reasons for the determination to the unaccompanied youth or the parent or guardian of the homeless child in a manner and form that is understandable. The written determination shall also contain information regarding the rights of the unaccompanied youth or the parent or guardian of the homeless child to dispute the determination pursuant to the procedures established in Section 4 of this administrative regulation; and

(d) In the case of an unaccompanied youth, ensure the homeless child education liaison assists in placement or enrollment decisions, gives priority to the views of the unaccompanied youth, and provides notice to the youth of the right to dispute his education placement pursuant to the procedures established in Section 4 of this administrative regulation.

(3) The school selected for purposes of making a school assignment under subsection (1) of this section shall immediately enroll the homeless child or unaccompanied youth, even if the student is unable to produce records normally required for enrollment, or has missed application or enrollment deadlines during any period of homelessness.

(4) A homeless student or unaccompanied youth shall not be denied enrollment due to the absence of a parent or a court-appointed guardian or custodian. The a homeless student or unaccompanied youth shall be enrolled and provided educational services until the LEA can substantiate that the enrollment is contrary to the best interests of the child or youth pursuant to subsection (2) of this section.

(5) In the absence of a parent and a court-appointed custodian or guardian, any medical, dental, and other health services may be rendered to a homeless student or unaccompanied youth who is a minor of any age when, in the judgment of the school principal or other professional, the risk to the minor's health is of such a nature that treatment should be given without delay and the requirements of consent would result in delay or denial of treatment as stated in KRS 214.185(3) and (4).

(6) Homeless children or unaccompanied youth shall not include any individual imprisoned or otherwise detained by act of Congress or a state law. A child shall not be classified as "homeless" to circumvent state law and administrative regulations that:

(a) Prohibit the attempted enrollment of nonresident students for the express purposes of obtaining school accommodations and services without the payment of tuition to the nonresident LEA or for the purpose of obtaining specific programs not available in the school of residence; or

(b) Regulate interschool athletic recruiting by the Kentucky High School Athletic Association.

(7) LEA policy, including policies related to guardianship issues, shall not delay or deny the immediate provision of educational placement and appropriate services to the homeless student or unaccompanied youth.

Section 4. Resolution of Disputes Arising in the Homeless Children and Youth Education Program.

(1) Disputes arising between and among more than one LEA regarding the enrollment of a homeless student or unaccompanied youth shall be resolved by the state homeless education coordinator in accordance with the procedures established in subsections(4) through (8) of this section.

(2) All other disputes regarding eligibility, school selection, or enrollment of a homeless student or unaccompanied youth shall be received and resolved by the LEA in which enrollment is sought in accordance with the procedures established in subsection (3) of this section.

(3) Within thirty (30) student attendance days after notice of a dispute is received, the LEA in which enrollment is sought by a homeless child or unaccompanied youth shall resolve the dispute using the following procedures:

(a) The homeless child education liaison in the LEA in which enrollment is sought shall ensure immediate enrollment and the provision of services to the homeless child or unaccompanied youth throughout the dispute resolution process;

(b) All concerns regarding the education of a homeless child or unaccompanied youth shall be referred to the homeless child education liaison in the LEA of enrollment. If a complaint arises regarding services or placement of a homeless child or unaccompanied youth, the homeless child education liaison in the LEA of enrollment shall inform the homeless student or unaccompanied youth of his or her rights under the McKinney-Vento Act and state law, including this administrative regulation;

(c) The homeless child education liaison in the LEA of enrollment shall promptly and thoroughly document all communications, determinations, and evidence. All documentation shall be subject to the provisions of the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g;

(d) The homeless child education liaison in the LEA of enrollment shall make a determination on the dispute within a reasonable number of days and provide a copy of that determination to the complainant;

(e) If the dispute is not resolved, the complainant shall be advised by the homeless child education liaison in the LEA of enrollment of the opportunity to present a written request for mediation and, at the request of the complainant, assist the complainant with completing a written request for mediation, including documenting the specific point at issue;

(f) The mediation, if requested by the complainant, shall be facilitated by the homeless child education liaison in the LEA of enrollment and shall be scheduled within a reasonable number of days of the written request and on a day and time reasonably calculated to be convenient to the needs of the homeless student or unaccompanied youth. The LEA representatives and the representatives of the homeless child or unaccompanied youth shall have the opportunity to be present at the mediation;

(g) During the mediation, the LEA representative(s) shall discuss considerations that led to the placement decision and the specific point at issue as determined previously and specified within the written request for mediation. The mediation may also include discussion of the ability of the LEA of enrollment to provide continuity in educational programs, the need of the homeless student or unaccompanied youth for special instructional programs, the amount of time and arrangements required to transport the student to the school in which enrollment is sought, the age of the homeless student or unaccompanied youth, the school placement of siblings to the homeless student or unaccompanied youth, and the time remaining until the end of the semester or school year; and

(h) The homeless child education liaison in the LEA of enrollment shall document mediation proceedings and provide the documentation to the state homeless education coordinator with any request made pursuant to subsection (4) of this section.

(4) Any party to the dispute may request review by the state homeless education coordinator. Upon written request, the state homeless education coordinator shall make a determination and communicate with the involved parties to discuss available alternatives and seek to resolve the dispute. Any party requesting review by the state homeless education coordinator shall provide reasoning for the review, including specific questions of law or fact.

(5) If a request for the review of the state homeless education coordinator is made, the LEA of enrollment shall provide sufficient information as required by the department, including:

(a) A description of the situation that prompted the complaint and subsequent request for review by the state homeless education coordinator;

(b) The names and ages of the homeless child or children or unaccompanied youth involved;

(c) The names of the involved LEA personnel and the LEAs involved; and

(d) Copies of any documentation that served as the basis for LEA decisions and other documentation the LEA deems relevant and appropriate for consideration by the state homeless education coordinator.

(6) The state homeless education coordinator shall collect and review appropriate documentation and provide an initial decision to the parties to the complaint within twenty (20) student attendance days after a request for review is received by the department pursuant to subsection (4) of this section.

(7) Any party to the complaint may request that the state homeless education coordinator's decision be reviewed by a three (3) member panel, which shall be convened by the state homeless education coordinator within the department, and the three (3) member panel shall either adopt or reject the state homeless education coordinator's decision within a reasonable number of days after being convened.

(8) If the three (3) member panel rejects the state homeless education coordinator's decision, the panel shall provide an alternative finding, which shall be supported with appropriate reasoning. The panel's decision shall be a final decision and shall not be appealable.

(9) Unaccompanied youth as well as parents or guardians of homeless children shall receive written notice of decisions made by the LEAs, state homeless education coordinator, or the three (3) member panel described in subsection (7) of this section, and the written notice shall be provided in an understandable form.

Section 5. Annual Count for the Homeless Children and Youth Education Program. The department shall annually conduct a count of all homeless children and unaccompanied youth in the state as follows:

(1) LEAs shall utilize the state student information system for the collection of data regarding homeless children and unaccompanied youth;

(2) LEAs shall report an unduplicated count by school of homeless children and unaccompanied youth via the state student information system to the department according to the time lines provided; and

(3) The department shall develop procedures, as needed or required, to ensure that the homeless child count is accurate and verifiable.

Section 6. Local Education Agency Grants for the Education of Homeless Children and Unaccompanied Youth.

(1) The department shall make grants to LEAs when the funds become available through a competitive application process. Grants shall be awarded to LEAs based upon the review and rating of their applications.

(2) Not less than fifty (50) percent of amounts provided under a grant to LEAs shall be used to provide primary services of tutoring, remedial education services, or other education services to homeless children or unaccompanied youth.

(3) Not less than thirty-five (35) nor more than fifty (50) percent of amounts provided to LEAs shall be used for related activities for homeless children or unaccompanied youth including expedited evaluations, professional development for school personnel, referrals for medical, dental, mental and other health services, transportation, before- and after-school care, and school supplies.

(4) An LEA that desires to receive a grant shall submit an application to the department. Each application shall include:

(a) The number of homeless children and unaccompanied youth enrolled in preschool, elementary and secondary school, the needs of the children, and the ability of the LEA to meet these needs;

(b) A description of the services and programs for which assistance is sought and the problems sought to be addressed through the provision of the services and programs (i.e., enrollment, retention, and educational success);

(c) An assurance that assistance under the grant shall supplement and not supplant funds used before the award of the grant for purposes of providing services to homeless children and unaccompanied youth;

(d) A description of policies and procedures that the LEA shall implement to ensure that activities carried out by the LEA shall not isolate or stigmatize homeless children and unaccompanied youth;

(e) A description of coordination with other local and state agencies that serve homeless children and unaccompanied youth; and

(f) Other criteria the department deems appropriate.

Section 7. Ensuring Educational Stability for Children in Foster Care.

(1) Each LEA shall:

(a) Designate a person to be the foster care liaison;

(b) Submit the name of the foster care liaison to the department; and

(c) Allocate sufficient time to the foster care liaison to perform required responsibilities.

(2) The foster care liaison may also be the homeless child education liaison.

(3) The foster care liaison shall ensure that:

(a) A child in foster care enrolls or remains in his school of origin, unless it is determined that remaining in the school of origin is not in the child's best interest;

(b) If it is determined that it is not in the child's best interest to remain in his school of origin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment; and

(c) The enrolling school immediately contacts the child's school of origin to obtain relevant academic and other records.

(4) LEAs shall develop and implement clear written procedures that comply with 20 U.S.C. 6312(c)(5)(B) and govern how transportation shall be provided, arranged, and funded to maintain a child in foster care in the school of origin, unless it is determined that remaining in the school of origin is not in the child's best interest.

History

• RELATES TO: KRS 156.029, 156.035, 156.160, 214.185(3), (4), 20 U.S.C 1232g, 6311(g)(1)(E), 6312(c)(5)(B), 42 U.S.C. 11431 et seq.
• STATUTORY AUTHORITY: KRS 156.070, 156.160(1)(p)
• NECESSITY, FUNCTION, AND CONFORMITY: In accordance with the McKinney-Vento Homeless Assistance Act (McKinney-Vento Act), as amended under the Every Student Succeeds Act of 2015 (ESSA), the Kentucky Department of Education (department), when applying to the U.S. Department of Education for participation in programs for homeless children and unaccompanied youth under the McKinney-Vento Act, shall submit an approvable plan and satisfactory assurances that all requirements of the law established in 42 U.S.C. Section 11432 shall be met. This administrative regulation aligns with the Kentucky Board of Education's duties, pursuant to KRS 156.029 and 156.035, to develop administrative regulations governing activities within the department and implement Congressional action appropriating funds to the state in accordance with state and federal law and Kentucky's consolidated State plan under ESSA. Specifically, this administrative regulation establishes criteria regarding residency policies and provides for a free, appropriate public education for homeless children and unaccompanied youth; informal procedures for resolving disputes regarding the educational placement of homeless children and unaccompanied youth; grants to local educational agencies (LEAs) for the enrollment, retention, and educational success of homeless children and unaccompanied youth; and, an annual count of homeless children and unaccompanied youth. Additionally, this administrative regulation requires LEAs to have procedures for awarding credit, including partial credit, for coursework satisfactorily completed by homeless children and unaccompanied youth in another school as well as for conferring high school diplomas to homeless children and unaccompanied youth in accordance with KRS 156.160(1)(p). Consistent with 20 U.S.C 6311(g)(1)(E) and 20 U.S.C. 6312(c)(5)(B), this administrative regulation also promotes the educational stability of children in foster care through the implementation of the foster care liaison within each LEA.
• History: 16 Ky.R. 676; 1183; eff. 12-6-1989; 17 Ky.R. 2061; eff. 2-7-1991; 18 Ky.R. 482; 1011; eff. 10-6-1991; 20 Ky.R. 420; 762; eff. 10-7-1993; 44 Ky.R. 1658; 2015; eff. 4-6-2018; 46 Ky.R. 2152, 2804, 2929; eff. 9-1-2020.

704 KAR 7:130 Minority teacher recruitment {#sec-704-kar-7-130 omnilex-key=us-ky-regs-official--title-704--704 KAR 7:130}

Section 1. The annual report required by KRS 160.380(2)(d) shall:

(1) Be submitted by a school district superintendent to the Department of Education; and

(2) Include:

(a) An education recruitment plan that provides a description of:

1. Measures of education recruitment success used by the district;

2. Sources used for recruiting educators;

3. Strategies and incentives used to ensure productive recruitment results;

4. Strategies used to retain quality educators;

5. Process used to obtain feedback from newly hired educators; and

6. Barriers that impact district recruitment efforts;

(b) Listing of positions advertised during the current recruitment cycle;

(c) Number of applicants for the position of teacher who voluntarily revealed racial background and applied for one (1) or more positions, disaggregated by race as follows:

1. White, not Hispanic;

2. Black, not Hispanic;

3. Hispanic;

4. Asian/Pacific Islander;

5. American Indian/Native Alaskan; and

6. Other;

(d) For the applicants identified in paragraph (c)1 to 6 of this subsection, the number of applicants who received one (1) interview and:

1. Were hired;

2. Were not hired; or

3. Received but declined an offer;

(e) For the applicants identified in paragraph (c)1 to 6 of this subsection, the number of applicants who received multiple interviews and:

1. Were hired;

2. Were not hired; or

3. Received but declined an offer;

(f) Number of applicants for the position of principal disaggregated by race who voluntarily revealed racial background, disaggregated by race as follows:

1. White, not Hispanic;

2. Black, not Hispanic;

3. Hispanic;

4. Asian/Pacific Islander;

5. American Indian/Native Alaskan; and

6. Other;

(g) For the applicants identified in paragraph (f)1 to 6 of this subsection, the number of applicants who were recommended by the superintendent to the school council and:

1. Were hired;

2. Were not hired; or

3. Received but declined an offer;

(h) For the applicants identified in paragraph (f)1 to 6 of this subsection, the number of applicants who received one (1) interview and:

1. Were hired;

2. Were not hired; or

3. Received but declined an offer;

(i) For the applicants identified in paragraph (f)1 to 6 of this subsection, the number of applicants who received multiple interviews and:

1. Were hired;

2. Were not hired; or

3. Received but declined an offer;

(j) Number of applicants for administrative positions other than principal who voluntarily revealed racial background, disaggregated by race as follows:

1. White, not Hispanic;

2. Black, not Hispanic;

3. Hispanic;

4. Asian/Pacific Islander;

5. American Indian/Native Alaskan; and

6. Other;

(k) For the applicants identified in paragraph (j)1 to 6 of this subsection, the number of applicants who received one (1) interview and:

1. Were hired;

2. Were not hired; or

3. Received but declined an offer;

(l) For the applicants identified in paragraph (j)1 to 6 of this subsection, the number of applicants who received multiple interviews and:

1. Were hired;

2. Were not hired; or

3. Received but declined an offer;

(m) The number of minorities who applied from other states;

(n) A description of the changes that will be made in the recruitment plan if the district did not obtain its measures of success with minority employment; and

(o) The signature of the district superintendent certifying that the information is correct and in compliance with KRS 160.380(2)(d).

Section 2. In collecting data to complete the annual report, each school district shall have on its application for employment a section for voluntary ethnic identification.

Section 3. For a nonprincipal certified vacancy at a school-based decision making school, the principal shall comply with the local school district's affirmative action policy or plan in making the hiring decision. For a principal vacancy for which a school council has hiring authority, the school council shall comply with the local school district's affirmative action policy or plan in making the hiring decision.

History

• RELATES TO: KRS 160.380(2)(d)
• STATUTORY AUTHORITY: KRS 156.070(1), 160.380(2)(d)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 160.380(2)(d) requires each school district superintendent to report annually the school district's recruitment process and the activities used to increase the percentage of minority teachers in the district pursuant to administrative regulations of the Kentucky Board of Education. This administrative regulation establishes the recruitment and annual reporting procedures.
• History: 24 Ky.R. 238; eff. 9-4-1997; 27 Ky.R. 2578; 3249; eff. 6-8-2001; Crt eff. 11-16-2018.

704 KAR 7:140 Authentic high school diploma to an honorably discharged veteran of World War II,the Korean conflict, or Vietnam War {#sec-704-kar-7-140 omnilex-key=us-ky-regs-official--title-704--704 KAR 7:140}

Section 1. Definitions.

(1) "Korean conflict" is defined by KRS 40.010(18).

(2) "Vietnam War" is defined by KRS 158.140(5)(a)3.

(3) "World War II" is defined by KRS 40.010(17).

Section 2.

(1) An honorably discharged veteran of World War II, the Korean conflict, the Vietnam War, or a member of the veteran's family, shall submit a discharge certificate showing the period of service, type of discharge, and the name of the high school and district of enrollment at the time of induction into the United States Armed Forces to the Kentucky Department of Veterans' Affairs, 1111 Louisville Road, Suite B, Frankfort, Kentucky 40601.

(2) The Kentucky Department of Veterans' Affairs shall forward the verified documentation to the local board of education in which the veteran was enrolled prior to being inducted into the United States Armed Forces.

(3) Upon receipt of documentation from the Kentucky Department of Veterans' Affairs, the local board of education shall verify the veteran was enrolled in, but did not complete, high school prior to induction and meets the requirements of KRS 158.140 prior to issuing the authentic high school diploma. If the high school or district has since been consolidated or reconfigured since the veteran's enrollment, the current local board of education with jurisdiction shall provide the verification and issue the authentic high school diploma.

History

• RELATES TO: KRS 158.140(5)
• STATUTORY AUTHORITY: KRS 158.140(5)(b)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.140(5)(b) requires the Kentucky Board of Education to promulgate an administrative regulation establishing the guidelines for use by local boards of education when awarding an authentic high school diploma to an honorably discharged veteran who did not complete high school prior to being inducted into the United States Armed Forces during World War II, the Korean conflict, or the Vietnam War. This administrative regulation establishes the requirements for awarding an authentic high school diploma to honorably discharged veterans of World War II,the Korean conflict, and the Vietnam War by local boards of education.
• History: 29 Ky.R. 1439; 1793; eff. 1-16-2003; 31 Ky.R. 613; 934; eff. 11-8-2004; Cert eff. 11-16-2018; 50 Ky.R. 2300; 51 Ky.R. 276; eff. 8-20-2024.

704 KAR 7:160 Use of physical restraint and seclusion in public schools {#sec-704-kar-7-160 omnilex-key=us-ky-regs-official--title-704--704 KAR 7:160}

Section 1. Definitions.

(1) "Aversive behavioral interventions" means a physical or sensory intervention program intended to modify behavior that the implementer knows would cause physical trauma, emotional trauma, or both, to a student even when the substance or stimulus appears to be pleasant or neutral to others and may include hitting, pinching, slapping, water spray, noxious fumes, extreme physical exercise, loud auditory stimuli, withholding of meals, or denial of reasonable access to toileting facilities.

(2) "Behavioral intervention" means the implementation of strategies to address behavior that is dangerous or inappropriate, or otherwise impedes the learning of the students.

(3) "Chemical restraint" means the use of medication to control behavior or restrict a student's freedom of movement that includes over-the-counter medications used for purposes not specified on the label but does not include medication prescribed by a licensed medical professional and supervised by qualified and trained individuals in accordance with professional standards.

(4) "Dangerous behavior" means behavior that presents an imminent danger of physical harm to self or others but does not include inappropriate behaviors such as disrespect, noncompliance, insubordination, or out of seat behaviors.

(5) "De-escalation" means the use of behavior management techniques intended to:

(a) Mitigate and defuse dangerous behavior of a student; or

(b) Reduce the imminent danger of physical harm to self or others.

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

(7) "Emergency" means a sudden, urgent occurrence, usually unexpected but sometimes anticipated, that requires immediate action.

(8) "Mechanical restraint" means the use of any device or equipment to restrict a student's freedom of movement, but does not include:

(a) A device implemented by trained school personnel or utilized by a student that has been prescribed by an appropriate medical or related services professional that is used for the specific and approved purposes for which the device was designed;

(b) An adaptive device or mechanical support used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of the device or mechanical support;

(c) A vehicle safety restraint if used as intended during the transport of a student in a moving vehicle;

(d) Restraint for medical immobilization; or

(e) An orthopedically prescribed device that permits a student to participate in activities without risk of harm.

(9) "Parent" means a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian of the student.

(10) "Physical Restraint" means a personal restriction that immobilizes or reduces the ability of a student to move the student's torso, arms, legs, or head freely, but does not include:

(a) Temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of encouraging a student to move voluntarily to a safe location;

(b) A behavioral intervention, such as proximity control or verbal soothing, used as a response to calm and comfort an upset student;

(c) Less restrictive physical contact or redirection to promote student safety; or

(d) Physical guidance or prompting when teaching a skill or redirecting the student's attention.

(11) "Positive behavioral supports" means a school-wide systematic approach to embed evidence-based practices and data-driven decision-making to:

(a) Improve school climate and culture in order to achieve improved academic and social outcomes;

(b) Increase learning for all students, including those with the most complex and intensive behavior needs;

(c) Encompass a range of systemic and individualized positive strategies to reinforce desired behaviors;

(d) Diminish reoccurrence of inappropriate or dangerous behaviors; and

(e) Teach appropriate behaviors to students.

(12) "Prone restraint" means the student is restrained in a face down position on the floor or other surface, and physical pressure is applied to the student's body to keep the student in the prone position.

(13) "School personnel" means teachers, principals, administrators, counselors, social workers, psychologists, paraprofessionals, nurses, librarians, school resource officers, sworn law enforcement officers, and other support staff who are employed in a school or who perform services in the school on a contractual basis.

(14) "School resource officer" is defined in KRS 158.441(2).

(15) "Seclusion" means the involuntary confinement of a student alone in a room or area from which the student is prevented from leaving but does not mean classroom timeouts, supervised in-school detentions, or out-of-school suspensions.

(16) "Student" means any person enrolled in a preschool, school level as established in 703 KAR 5:240, Section 5, or other educational program offered by a local public school district.

(17) "Supine restraint" means the student is restrained in a face up position on the student's back on the floor or other surface, and physical pressure is applied to the student's body to keep the student in the supine position.

(18) "Timeout" means a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming.

Section 2.

(1) Each local school district shall establish policies and procedures that:

(a) Ensure school personnel are aware of and parents are notified how to access the policies and procedures regarding physical restraint and seclusion;

(b) Are designed to ensure the safety of all students, school personnel, and visitors;

(c) Require school personnel to be trained in accordance with the requirements outlined in Section 6 of this administrative regulation;

(d) Outline procedures to be followed during and after each use of physical restraint or seclusion, including notice to parents, documentation of the event in the student information system, and a process for the parent or emancipated youth to request a debriefing session;

(e) Require notification, within twenty four (24) hours, to the Kentucky Department of Education and local law enforcement in the event of death, substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty resulting from the use of physical restraint or seclusion;

(f) Outline a procedure by which parents may submit a complaint regarding the physical restraint or seclusion of their child, which shall require the district and school to investigate the circumstances surrounding the physical restraint or seclusion, make written findings, and if appropriate, take corrective action; and

(g) Outline a procedure to regularly review data on physical restraint and seclusion usage and revise policies as needed.

(2) Each local school district shall revise existing policies or develop policies consistent with this administrative regulation within ninety (90) calendar days of the effective date of this administrative regulation.

Section 3.

(1) Physical restraint shall not be used in a public school or educational program:

(a) As punishment or discipline;

(b) To force compliance or to retaliate;

(c) As a substitute for appropriate educational or behavioral support;

(d) To prevent property damage, except as permitted under KRS Chapter 503;

(e) As a routine school safety measure; or

(f) As a convenience for staff.

(2) School personnel shall not impose the following on any student at any time:

(a) Mechanical restraint;

(b) Chemical restraint;

(c) Aversive behavioral interventions;

(d) Physical restraint that is life-threatening;

(e) Prone or supine restraint; or

(f) Physical restraint if they know that physical restraint is contraindicated based on the student's disability, health care needs, or medical or psychiatric condition.

(3) Physical restraint may only be implemented in a public school or educational program if:

(a) The student's behavior poses an imminent danger of physical harm to self or others and as permitted under KRS 503.050, 503.070, and 503.110;

(b) The physical restraint does not interfere with the student's ability to communicate in the student's primary language or mode of communication, unless the student uses sign language or an augmentative mode of communication as the student's primary mode of communication and the implementer determines that freedom of the student's hands for brief periods during the restraint appears likely to result in physical harm to self or others;

(c) The student's physical and psychological well-being is monitored for the duration of the physical restraint;

(d) Less restrictive behavioral interventions have been ineffective in stopping the imminent danger of physical harm to self or others, except in the case of a clearly unavoidable emergency situation posing imminent danger of physical harm to self or others; and

(e) School personnel implementing the physical restraint are appropriately trained as required by Section 6(3) of this administrative regulation, except to the extent necessary to prevent physical harm to self or others in clearly unavoidable emergency circumstances where other school personnel intervene and summon trained school personnel as soon as possible.

(4) When implementing a physical restraint, school personnel shall use only the amount of force reasonably believed to be necessary to protect the student or others from imminent danger of physical harm.

(5) The use of physical restraint shall end as soon as:

(a) The student's behavior no longer poses an imminent danger of physical harm to self or others; or

(b) A medical condition occurs putting the student at risk of harm.

Section 4.

(1) Seclusion shall not be used in a public school or educational program:

(a) As punishment or discipline;

(b) To force compliance or to retaliate;

(c) As a substitute for appropriate educational or behavioral support;

(d) To prevent property damage in the absence of imminent danger of physical harm to self or others;

(e) As a routine school safety measure;

(f) As a convenience for staff; or

(g) As a substitute for timeout.

(2) Seclusion may only be implemented in a public school or educational program if:

(a) The student's behavior poses an imminent danger of physical harm to self or others;

(b) The student is visually monitored for the duration of the seclusion;

(c) Less restrictive interventions have been ineffective in stopping the imminent danger of physical harm to self or others; and

(d) School personnel implementing the seclusion are appropriately trained to use seclusion.

(3) The use of seclusion shall end as soon as:

(a) The student's behavior no longer poses an imminent danger of physical harm to self or others; or

(b) A medical condition occurs putting the student at risk of harm.

(4) A setting used for seclusion shall:

(a) Be free of objects and fixtures with which a student could inflict physical harm to self or others;

(b) Provide school personnel a view of the student at all times;

(c) Provide adequate lighting and ventilation;

(d) Be reviewed by district administration to ensure programmatic implementation of guidelines and data related to its use;

(e) Have an unlocked and unobstructed door; and

(f) Have at least an annual fire and safety inspection.

Section 5.

(1) All physical restraints and seclusions shall be documented by a written record of each use of seclusion or physical restraint and be maintained in the student's education record. Each record of a use of physical restraint or seclusion shall be informed by an interview with the student and shall include:

(a) The student's name;

(b) A description of the use of physical restraint or seclusion and the student behavior that resulted in the physical restraint or seclusion;

(c) The date of the physical restraint or seclusion and school personnel involved;

(d) The beginning and ending times of the physical restraint or seclusion;

(e) A description of any events leading up to the use of physical restraint or seclusion including possible factors contributing to the dangerous behavior;

(f) A description of the student's behavior during physical restraint or seclusion;

(g) A description of techniques used in physically restraining or secluding the student and any other interactions between the student and school personnel during the use of physical restraint or seclusion;

(h) A description of any behavioral interventions used immediately prior to the implementation of physical restraint or seclusion;

(i) A description of any injuries to students, school personnel, or others;

(j) A description as to how the student's behavior posed an imminent danger of physical harm to self or others;

(k) The date the parent was notified;

(l) A description of the effectiveness of physical restraint or seclusion in de-escalating the situation;

(m) A description of the school personnel response to the dangerous behavior;

(n) A description of the planned positive behavioral interventions which shall be used to reduce the future need for physical restraint or seclusion of the student; and

(o) For any student not identified as eligible for services under either Section 504 of the Rehabilitation Act or the Individuals with Disabilities Education Act, documentation of a referral under either law or documentation of the basis for declining to refer the student.

(2) If the student is not an emancipated youth, the parent of the student shall be notified of the physical restraint and seclusion verbally or through electronic communication, if available to the parent, as soon as possible within twenty-four (24) hours of the incident. If the parent cannot be reached within twenty-four (24) hours, a written communication shall be mailed to the parent via U.S. mail.

(3) The principal of the school shall be notified of the seclusion or physical restraint as soon as possible, but no later than the end of the school day on which it occurred.

(4) The physical restraint or seclusion record as outlined in subsection (1) of this section shall be completed by the end of the next school day following the use of seclusion or physical restraint.

(5) If the parent or emancipated youth requests a debriefing session under Section 2(1)(d) of this administrative regulation, a debriefing session shall be held after the imposition of physical restraint or seclusion upon a student.

(6) The following persons shall participate in the debriefing session:

(a) The implementer of the physical restraint or seclusion;

(b) At least two (2) of any other school personnel who were in the proximity of the student immediately before or during the physical restraint or seclusion;

(c) The parent of an unemancipated student;

(d) The student, if the parent requests or if the student is an emancipated youth; and

(e) Appropriate supervisory and administrative school personnel, which may include appropriate Admissions and Release Committee members, Section 504 team members, or response to intervention team members.

(7) The debriefing session shall occur as soon as practicable, but not later than five (5) school days following the request of the parent or the emancipated youth, unless delayed by written mutual agreement of the parent or emancipated youth and the school.

(8) The debriefing session shall include:

(a) Identification of the events leading up to the seclusion or physical restraint;

(b) Consideration of relevant information in the student's records and information from teachers, parents, other school district professionals, and the student;

(c) Planning for the prevention and reduction of the need for seclusion or physical restraint, with consideration of recommended appropriate positive behavioral supports and interventions to assist school personnel responsible for implementing the student's IEP, or Section 504 plan, or response to intervention plan, if applicable, and consideration of whether positive behavioral supports and interventions were implemented with fidelity; and

(d) For any student not identified as eligible for services under either Section 504 of the Rehabilitation Act or the Individuals with Disabilities Education Act, consideration of a referral under either law and documentation of the referral or documentation of the basis for declining to refer the student.

(9) All documentation utilized in the debriefing session shall become part of the student's education record.

Section 6.

(1)

(a) All school personnel shall be trained in state administrative regulations and school district policies and procedures regarding physical restraint and seclusion.

(b) All school personnel shall be trained annually to use an array of positive behavioral supports and interventions to:

1. Increase appropriate student behaviors;

2. Decrease inappropriate or dangerous student behaviors; and

3. Respond to dangerous behavior.

(c) This training may be delivered utilizing web-based applications.

(d) This training shall include:

1. Appropriate procedures for preventing the need for physical restraint and seclusion, including positive behavioral supports and interventions;

2. State administrative regulations and school district policies and procedures regarding physical restraint and seclusion;

3. Proper use of positive reinforcement;

4. The continuum of use for alternative behavioral interventions;

5. Crisis prevention;

6. De-escalation strategies for responding to inappropriate or dangerous behavior, including verbal de-escalation, and relationship building; and

7. Proper use of seclusion as established in Section 4 of this administrative regulation, including instruction on monitoring physical signs of distress and obtaining medical assistance if necessary.

(2) All school personnel shall receive annual written or electronic communication from the district identifying core team members in the school setting who have been trained to implement physical restraint.

(3) A core team of selected school personnel shall be designated to respond to dangerous behavior and to implement physical restraint of students. The core team, except school resource officers and other sworn law enforcement officers, shall receive additional yearly training in the following areas:

(a) Appropriate procedures for preventing the use of physical restraint except as permitted by this administrative regulation;

(b) A description and identification of dangerous behaviors that may indicate the need for physical restraint and methods for evaluating the risk of harm in individual situations, in order to determine whether the use of physical restraint is safe and warranted;

(c) Simulated experience of administering and receiving physical restraint, and instruction regarding the effect on the person physically restrained, including instruction on monitoring physical signs of distress and obtaining medical assistance;

(d) Instruction regarding documentation and notification requirements and investigation of injuries; and

(e) Demonstration by core team members of proficiency in the prevention and use of physical restraint.

Section 7. The following data shall be reported by the district in the student information system related to incidents of physical restraint and seclusion:

(1) Aggregate number of uses of physical restraint;

(2) Aggregate number of students placed in physical restraint;

(3) Aggregate number of uses of seclusion;

(4) Aggregate number of students placed in seclusion;

(5) Aggregate number of instances of substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty to students related to physical restraint and seclusion;

(6) Aggregate number of instances of substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty to school personnel related to physical restraint and seclusion; and

(7) Aggregate number of instances in which a school resource officer or other sworn law enforcement officer is involved in the physical restraint or seclusion of a student.

History

• RELATES TO: KRS 156.160(1)(h), 158.444(1)
• STATUTORY AUTHORITY: KRS 156.160(1)(h), 156.070, 158.444 (1)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(h) and 158.444 (1) give the Kentucky Board of Education the authority to promulgate administrative regulations related to medical inspection, physical and health education and recreation, and other regulations necessary or advisable for the physical welfare and safety of the public school children. This administrative regulation establishes the requirements for the use of physical restraint and seclusion in districts and the notification and data reporting requirements for the use of physical restraint and seclusion in districts and does not prohibit the lawful exercise of law enforcement duties by sworn law enforcement officers.
• History: 39 Ky.R. 678; 1207; 1400; eff. 2-1-2013; Crt eff.12-9-2019; Crt eff. 6-3-2026.

704 KAR 7:170 Corporal punishment {#sec-704-kar-7-170 omnilex-key=us-ky-regs-official--title-704--704 KAR 7:170}

Section 1. Definitions.

(1) "Corporal punishment" means the deliberate infliction of physical pain by any means upon the whole or any part of a student's body as a penalty or punishment for student misbehavior.

(2) "Dangerous instrument" is defined by KRS 500.080(3).

(3) "Deadly weapon" is defined by KRS 500.080(4).

(4) "Evidence-based" is defined by 34 C.F.R. 77.1.

(5) "Physical injury" is defined by KRS 500.080(13).

(6) "Qualified mental health professional" is defined by KRS 202A.011(12).

(7) "Serious physical injury" is defined by KRS 500.080(15).

(8) "Trauma-informed approach" is defined by KRS 158.4416(1).

Section 2. A student with an Individual Education Program (IEP) pursuant to 707 KAR Chapter 1, 504 plan pursuant to Section 504 of the Rehabilitation Act of 1973, or identified as a homeless or foster care youth pursuant to 704 KAR 7:090 shall not be subjected to corporal punishment.

Section 3.

(1) Except for a local board of education that prohibits corporal punishment pursuant to Section 7(1)(a) of this administrative regulation, within the first five (5) days of enrollment each school year, the school shall request written consent from the legal guardian of each student to use corporal punishment as a behavior intervention for their child. The written consent shall inform the legal guardian of how to access the student code of conduct, describe the code of conduct violations that may result in corporal punishment, and notify the legal guardian that consent may be withdrawn at any point during the school year. Absent valid written consent signed by the legal guardian, corporal punishment shall not be administered.

(2) Before administering corporal punishment to a pupil, the school shall contact the child's legal guardian to provide prior notification and receive affirmative verbal consent.

Section 4. Prior to administering corporal punishment to a pupil, the school shall attempt to remedy problematic behavior through the use of evidence-based practices consistent with a trauma-informed approach.

Section 5.

(1) Corporal punishment may only be administered by the Principal or Assistant Principal. Corporal punishment shall only be administered in the presence of at least one (1) additional certified staff member who is the same gender as the student.

(2) Corporal punishment shall not be administered in a location where another student, staff member other than those described in subsection (1) of this section, or adult visitor to the school can see or hear the corporal punishment.

(3) A staff member shall not be compelled to administer or witness corporal punishment.

Section 6.

(1) After administering corporal punishment, the school shall ensure that the student receives a minimum of thirty (30) minutes of counseling provided by the school's guidance counselor, school social worker, school psychologist, or other qualified mental health professional no later than the end of the next school day.

(2) Each incidence of corporal punishment shall be recorded in the student information system. Schools shall report:

(a) The time and date the punishment was administered;

(b) The name and position of the individual who administered the punishment;

(c) The names and positions of any witnesses to the punishment;

(d) The time and date of the prior consent required under Section 3 of this administrative regulation;

(e) The name and relationship of the individual providing consent under Section 3 of this administrative regulation;

(f) The behavioral interventions deployed prior to corporal punishment as required under Section 4 of this administrative regulation; and

(g) The time and date of the student counseling appointment required under Section 5 of this administrative regulation.

Section 7.

(1) Each local board of education shall adopt a policy that either:

(a) Prohibits the use of corporal punishment in the district; or

(b) Allows the use of corporal punishment in the district.

(2) If the local board of education adopts a policy allowing the use of corporal punishment, its policy shall:

(a) Define the circumstances under which corporal punishment may be deployed which shall not exceed the justification included in KRS 503.110;

(b) Define the procedures for deploying corporal punishment;

(c) Define the tool or instrument to be used when administering corporal punishment and include a prohibition on the use of dangerous instruments or deadly weapons;

(d) Define the limits on corporal punishment and ensure that corporal punishment shall not result in physical injury or serious physical injury; and

(e) Define the procedures for documenting and reporting corporal punishment.

History

• RELATES TO: KRS 156.160, 158.6451, 503.050, 503.070, 503.110
• STATUTORY AUTHORITY: KRS 156.070, 156.160, 158.444
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 authorizes the Kentucky Board of Education to manage and control the common schools and all programs operated within those schools. KRS 156.160(1)(h) requires the Kentucky Board of Education to promulgate administrative regulations necessary or advisable for the protection of the physical welfare and safety of public school students. KRS 158.444 requires the Kentucky Board of Education to promulgate administrative regulations relating to school safety, student discipline, and related matters. This administrative regulation establishes the conditions under which corporal punishment may be used in public schools.
• History: 48 Ky.R. 2139, 2760, 2971; eff. 8-30-2022.

Chapter 8 Academic Standards

704 KAR 8:010 Kentucky Academic Standards for Computer Science Elective {#sec-704-kar-8-010 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:010}

Section 1. Public schools offering a computer science course or program shall meet the minimum content requirements established in the Kentucky Academic Standards for Computer Science Elective.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Computer Science Elective", October 2018, is incorporated by reference.

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

History

• RELATES TO: KRS 156.070, 156.160, 156.850, 158.645, 158.6451, 160.290, 704 KAR 3:305
• STATUTORY AUTHORITY: 156.070, 156.160
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and assessment strategies developed under KRS 158.645 and 158.6451. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. KRS 156.850 requires compliance with federal provisions and acts relating to vocational education. This administrative regulation incorporates by reference the Kentucky Academic Standards for Computer Science that contain the general courses of study and academic content standards of Computer Science for use in Kentucky's common schools.
• History: 704 KAR 008:010. 45 Ky.R. 1471, 2092; eff. 2-1-2019; Crt eff. 12-3-2025.

704 KAR 8:020 Required academic standards for reading and writing {#sec-704-kar-8-020 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:020}

Section 1. Before graduating from a Kentucky public high school, a student shall meet the minimum content requirements established in the Kentucky Academic Standards for Reading and Writing.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Reading and Writing", October 2025, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material may also be accessed on the Kentucky Department of Education website at: https://www.education.ky.gov/districts/legal/Pages/Kentucky-Revised-Statutes.aspx

History

• RELATES TO: KRS 156.070, 156.160, 158.645, 158.6451, 158.6453, 160.290
• STATUTORY AUTHORITY: 156.070(1), 156.160(1), 158.6453
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(a) requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and assessment strategies developed under KRS 158.645, 158.6451, and 158.6453. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. KRS 158.6453(2) requires the Kentucky Department of Education to implement a comprehensive process for reviewing Kentucky's academic standards and the alignment of corresponding assessments for possible revision or replacement every six years. This administrative regulation incorporates by reference the Kentucky Academic Standards for Reading and Writing, which contain the general courses of study and academic content standards of reading and writing, for use in Kentucky's common schools.
• History: 704 KAR 008:020. 45 Ky.R. 1473, 2350; eff. 3-8-2019; Crt eff. 3-27-2025; 52 Ky.R. 899; eff. 5-5-2026.

704 KAR 8:030 Required Academic Standards for Health Education {#sec-704-kar-8-030 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:030}

Section 1. Before graduating from a Kentucky public high school, a student shall meet the minimum content requirements established in the Kentucky Academic Standards for Health Education.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Health Education", June 2025, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material may be viewed at: https://www.education.ky.gov/districts/legal/Pages/Kentucky-Revised-Statutes.aspx.

History

• RELATES TO: KRS 156.070, 156.160, 158.645, 158.6451, 158.6453, 160.290
• STATUTORY AUTHORITY: 156.070(1), 156.160(1), 158.6453(18)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(a) requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and assessment strategies developed under KRS 158.645, 158.6451, and 158.6453. KRS 156.160(1)(h) requires the Kentucky Board of Education to adopt administrative regulations governing medical inspection, physical and health education and recreation, and other regulations necessary or advisable for the protection of the physical welfare and safety of the public school children including requirements for student health standards to be met by all students in grades 4, 8, and 12 pursuant to the outcomes described in KRS 158.6451. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. KRS 158.6453(18)(a) requires the Kentucky Department of Education to implement a comprehensive process for reviewing and revising the academic standards in practical living skills for all levels. This administrative regulation incorporates by reference the Kentucky Academic Standards for Health Education, which contain the general courses of study and academic content standards of health education for use in Kentucky's common schools.
• History: 704 KAR 008:030. 45 Ky.R. 1474, 1476, 2350; eff. 2-1-2019; 52 Ky.R. 106, 566; eff. 10-14-2025.) COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.

704 KAR 8:040 Required Academic Standards for Mathematics {#sec-704-kar-8-040 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:040}

Section 1. Before graduating from a Kentucky public high school, a student shall meet the minimum content requirements established in the Kentucky Academic Standards for Mathematics.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Mathematics", October 2018, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

• RELATES TO: KRS 156.070, 156.160, 158.6451, 158.6453, 160.290
• STATUTORY AUTHORITY: 156.070, 156.160, 158.6453(2)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and assessment strategies developed under KRS 158.645, 158.6451, and 158.6453. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. KRS 158.6453(2) requires the Kentucky Department of Education to implement a comprehensive process for the review of academic standards and assessment with the advice of a standards and assessments review and development committee assigned to focus on mathematics. This administrative regulation incorporates by reference the Kentucky Academic Standards for Mathematics, which contain the general courses of study and academic content standards for mathematics for use in Kentucky's common schools.
• History: 45 Ky.R. 1476, 2350; eff. 3-8-2019; Crt eff. 3-27-2025.

704 KAR 8:050 Required Academic Standards for Physical Education {#sec-704-kar-8-050 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:050}

Section 1. Before graduating from a Kentucky public high school, a student shall meet the minimum content requirements established in the Kentucky Academic Standards for Physical Education.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Physical Education", June 2025, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material may be viewed at: https://www.education.ky.gov/districts/legal/Pages/Kentucky-Revised-Statutes.aspx.

History

• RELATES TO: KRS 156.070, 156.160, 158.645, 158.6451, 158.6453, 160.290
• STATUTORY AUTHORITY: 156.070(1), 156.160(1), 158.6453(18)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(a) requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and assessment strategies developed under KRS 158.645, 158.6451, and 158.6453. KRS 156.160(1)(h) requires the Kentucky Board of Education to adopt administrative regulations governing medical inspection, physical and health education and recreation, and other regulations necessary or advisable for the protection of the physical welfare and safety of the public school children. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. KRS 158.6453(18)(a) requires the Kentucky Department of Education to implement a comprehensive process for reviewing and revising the academic standards in practical living skills for all levels. This administrative regulation incorporates by reference the Kentucky Academic Standards for Physical Education, which contain the general courses of study and academic content standards of physical education for use in Kentucky's common schools.
• History: 704 KAR 008:050. 45 Ky.R. 1478; eff. 2-1-2019; 52 Ky.R. 108; eff. 10-14-2025.) COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.

704 KAR 8:060 Required Academic Standards for Social Studies {#sec-704-kar-8-060 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:060}

Section 1. Before graduating from a Kentucky public high school, a student shall meet the minimum content requirements established in the Kentucky Academic Standards for Social Studies.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Social Studies", December 2022, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material may be viewed at: https://education.ky.gov/curriculum/standards/kyacadstand/Documents/Kentucky_Academic_Standards_for_Social_Studies_2022.pdf.

History

• RELATES TO: KRS 156.070, 156.160, 158.196, 158.645, 158.6451, 158.6453, 160.290
• STATUTORY AUTHORITY: 156.070, 156.160, 158.6453(2), 160.290
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and assessment strategies developed under KRS 158.645, 158.6451, and 158.6453. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. KRS 158.6453(2) requires the Kentucky Department of Education to implement a comprehensive process for the review of academic standards and assessment with the advice of a standards and assessments review and development committee. This administrative regulation incorporates by reference the Kentucky Academic Standards for Social Studies, which contain the general courses of study and academic content standards of social studies, for use in Kentucky's common schools.
• History: 45 Ky.R. 2810, 3193, 3410; eff. 7-5-2019; 49 Ky.R. 1523; eff. 9-5-2023.

704 KAR 8:070 Kentucky Academic Standards for Historical and Cultural Influences of the Bible Elective Social Studies Course {#sec-704-kar-8-070 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:070}

Section 1. Minimum Content Requirements. Schools offering an elective social studies course on the Hebrew Scriptures, Old Testament of the Bible, the New Testament of the Bible, or a combination of the Hebrew Scriptures and the New Testament of the Bible shall meet the minimum content requirements established in the Kentucky Academic Standards for Historical and Cultural Influences of the Bible Elective Social Studies Course.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Historical and Cultural Influences of the Bible Elective Social Studies Course", August 2018, is incorporated by reference.

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

History

• RELATES TO: KRS 156.070, 156.160, 156.162, 158.197, 158.645, 158.6451, 158.6453, 160.290
• STATUTORY AUTHORITY: 156.070, 156.160, 156.162, 160.290
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and assessment strategies established in KRS 158.645, 158.6451, and 158.6453. KRS 156.162(4) requires the Kentucky Board of Education to include course standards in the program of studies for Kentucky schools. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. KRS 156.162 requires the Kentucky Board of Education to promulgate an administrative regulation for course standards for an elective social studies course on the Hebrew Scriptures, Old Testament of the Bible, the New Testament of the Bible, or a combination of the Hebrew Scriptures and the New Testament of the Bible. This administrative regulation incorporates by reference the Kentucky Academic Standards for Historical and Cultural Influences of the Bible Elective Social Studies Course.
• History: 45 Ky.R. 217, 700, 1017; eff. 11-2-2018; Recodified from 704 KAR 3:306, 1-10-2019; Cert eff. 12-6-2024.

704 KAR 8:080 Required academic standards in career studies and financial literacy {#sec-704-kar-8-080 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:080}

Section 1.

(1) The academic standards for career studies and financial literacy outline the minimum content standards that Kentucky students shall learn within each respective grade band. The standards are organized by three (3) domains: essential skills, careers, and financial literacy.

(2) Kentucky schools shall utilize the financial literacy domain standards for grades 9 to design courses and programs that meet the Kentucky high school graduation requirement established in KRS 158.1411.

(3) Pursuant to KRS 158.1413, the essential skills domain standards for all grade bands shall be utilized to design and implement essential workplace ethics programs and to ensure that all students in elementary, middle, and high school receive essential workplace ethics instruction.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Career Studies and Financial Literacy", June 2025, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

• RELATES TO: KRS 156.070(1), 156.160, 158.645, 158.1411, 158.1413, 158.6451, 158.6453, 160.290
• STATUTORY AUTHORITY: KRS 156.070(1), 156.160, 158.1411, 158.1413, 158.6453(18)(a)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and assessment strategies developed under KRS 158.645, 158.6451 and 158.6453. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. Beginning with the 2019-2020 school year, KRS 158.1413 requires each school district to implement essential workplace ethics programs that promote characteristics that are critical to success in the workplace. KRS 158.1411 requires that students entering grade 9 on or before June 30, 2025, successfully complete one (1) or more courses or programs that meet the financial literacy standards as a Kentucky public high school graduation requirement. For students entering grade 9 on or after July 1, 2025, successful completion of a one (1) credit course in financial literacy shall be a Kentucky public high school graduation requirement. KRS 158.6453(18)(a) provides that the Kentucky Department of Education shall implement a comprehensive process for reviewing and revising the academic standards for career studies for all levels every six (6) years. This administrative regulation establishes the academic content standards of essential skills, career exploration, and financial literacy for use in Kentucky's common schools.
• History: 704 KAR 008:080. 46 Ky.R. 1754, 2278; eff. 5-5-2020; 52 Ky.R. 110, 567; eff. 10-14-2025.) COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.

704 KAR 8:090 Required Kentucky Academic Standards for Technology {#sec-704-kar-8-090 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:090}

Section 1. Before graduating from a Kentucky public high school, a student shall meet the minimum content requirements established in the Kentucky Academic Standards for Technology.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Technology", August 2020, is incorporated by reference.

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

History

• RELATES TO: KRS 156.070, 156.160, 158.645, 158.6451
• STATUTORY AUTHORITY: 156.070, 156.160, 156.850, 160.290
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and assessment strategies developed under KRS 158.645 and 158.6451. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. KRS 156.850 requires compliance with federal provisions and acts relating to vocational education. This administrative regulation incorporates by reference the Kentucky Academic Standards for Technology, which contain the general courses of study and academic content standards of technology, for use in Kentucky's common schools.
• History: 47 Ky.R. 663, 1216; eff. 3-2-2021.

704 KAR 8:100 Kentucky Academic Standards for Library Media Elective {#sec-704-kar-8-100 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:100}

Section 1. Public schools offering a library media program shall meet the minimum content requirements established in the Kentucky Academic Standards for Library Media Elective.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Library Media Elective", October 2020, is incorporated by reference.

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

History

• RELATES TO: KRS 156.070, 156.160, 156.850, 158.102, 158.645, 158.6451, 158.791, 160.290, 704 KAR 3:305
• STATUTORY AUTHORITY: 156.070, 156.160
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and assessment strategies developed under KRS 158.645 and 158.6451. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. KRS 156.850 requires compliance with federal provisions and acts relating to vocational education. KRS 158.102 requires boards of education for each local school district to establish and maintain library media centers in every school to promote information literacy, technology in the curriculum, and to facilitate teaching, student achievement, and lifelong learning. KRS 158.791 details the provision of high-quality library media programs to support reading proficiency. This administrative regulation incorporates by reference the Kentucky Academic Standards for Library Media, which contain the general courses of study and academic content standards of library media for use in Kentucky's common schools.
• History: 47 Ky.R. 1156, 1564; eff. 5-4-2021.

704 KAR 8:110 Kentucky Academic Standards for World Language {#sec-704-kar-8-110 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:110}

Section 1. Public schools offering a world language course or program shall meet the minimum content requirements established in the Kentucky Academic Standards for World Language.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for World Language", December 2020, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

• RELATES TO: KRS 156.070, 156.160, 158.645, 158.6451, 158.6453(18), 160.290
• STATUTORY AUTHORITY: 156.070, 156.160, 158.6453(18), 160.290
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 156.160 requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and assessment strategies developed under KRS 158.645, 158.6451, and 158.6453. KRS 158.6453(18) requires the Kentucky Department of Education to implement a process for the review and revision of academic standards with the advice of a review committee. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. This administrative regulation incorporates by reference the Kentucky Academic Standards for World Language, which contain the general courses of study and academic content standards of world language for use in Kentucky's common schools.
• History: 47 Ky.R. 1508, 1960; eff. 7-6-2021.

704 KAR 8:120 Required Kentucky Academic Standards for Science {#sec-704-kar-8-120 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:120}

Section 1. Before graduating from a Kentucky public high school, a student shall meet the minimum content requirements established in the Kentucky Academic Standards for Science.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Science", December 2022, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, 5th floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be viewed at: https://education.ky.gov/curriculum/standards/kyacadstand/Documents/Kentucky_Academic_Sadards_for_Science_2022.pdf.

History

• RELATES TO: KRS 156.070, 156.160, 158.645, 158.6451, 158.6453, 160.290
• STATUTORY AUTHORITY: 156.070, 156.160, 158.6453, 160.290
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools, with the courses of study to comply with the expected goals, outcomes, and requires the Kentucky Board of Education to manage and control the common schools and all assessment strategies developed under KRS 158.645, 158.6451, and 158.6453. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 160.290 authorizes local boards of education to provide for courses and other services for students consistent with the administrative regulations of the Kentucky Board of Education. KRS 158.6453(2) requires the Kentucky Department of Education to implement a comprehensive process for the review of academic standards and assessment with the advice of standards and assessments review and development committees. This administrative regulation incorporates by reference the Kentucky Academic Standards for Science, which contain the general courses of study and academic content standards of science, for use in Kentucky's common schools.
• History: 49 Ky.R. 1547, 1938; eff. 7-5-2023.

704 KAR 8:130 Required Kentucky Academic Standards for Visual and Performing Arts {#sec-704-kar-8-130 omnilex-key=us-ky-regs-official--title-704--704 KAR 8:130}

Section 1. Before graduating from a Kentucky public high school, a student shall meet the minimum content requirements established in the Kentucky Academic Standards for Visual and Performing Arts.

Section 2. Incorporation by Reference.

(1) The "Kentucky Academic Standards for Visual and Performing Arts", June 2024, is incorporated by reference.

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

History

• RELATES TO: KRS 156.070, 156.160, 158.645, 158.6451, 158.6453, 160.290
• STATUTORY AUTHORITY: 156.070(1), 156.160(1)(a), 158.6453(18)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(a) requires the Kentucky Board of Education to establish courses of study for the different grades and kinds of common schools with the courses of study to comply with the expected goals, outcomes, and assessments developed under KRS 158.645, 158.6451, and 158.6453. KRS 156.070(1) requires the Kentucky Board of Education to manage and control the common schools and all programs operated in the schools. KRS 158.6453(18)(a) requires the Kentucky Department of Education to implement a comprehensive process for reviewing and revising the academic standards in visual and performing arts for all levels. This administrative regulation incorporates by reference the Kentucky Academic Standards for Visual and Performing Arts, which contain the general courses of study and academic content standards of visual and performing arts, for use in Kentucky's common schools.
• History: 51 Ky.R. 180; eff. 10-15-2024.

Chapter 19 Alternative Education Programs

704 KAR 19:002 Alternative education programs {#sec-704-kar-19-002 omnilex-key=us-ky-regs-official--title-704--704 KAR 19:002}

Section 1. Definitions.

(1) "A1 school" is defined by 703 KAR 5:240.

(2) "Alternative education program" is defined by KRS 160.380(1)(b).

(3) "Child with a disability" means a child evaluated in accordance with 707 KAR 1:300, as meeting the criteria listed in the definitions in 707 KAR 1:002 for autism, deaf-blindness, developmental delay, emotional-behavior disability, hearing impairment, mental disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, or visual impairment which has an adverse effect on the child's educational performance and who, as a result, needs special education and related services.

(4) "Education record" is defined by 20 U.S.C. 1232g.

(5) "Individual education program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with 707 KAR 1:320.

(6) "Individual learning plan" or "ILP" means a comprehensive framework for advising students in grades 6 through 12 to engage in coursework and activities that will best prepare them to both realize college and career success and become contributing members of their communities.

(7) "Individual learning plan addendum" or "ILPA" means an action plan that addresses the changed educational needs of a student based upon entry into or exit from an alternative education program that includes academic and behavioral needs of the student, criteria for the student's re-entry into the traditional program, and provisions for regular review of the student's progress throughout the school year while in an alternative education program.

(8) "Involuntary placement" means the placement of a student in an alternative education program by local district school personnel:

(a)

1. To ensure the safety of the individual student, the student body, or staff;

2. To meet the educational needs of the student;

3. To transition the student to a placement as a state agency child pursuant to KRS 158.135 and 505 KAR 1:080; or

4. For disciplinary purposes; and

(b) Not made at the request of the parent or emancipated student.

(9) "Long term placement" means a student enrolled in an alternative education program for more than ten (10) school days.

(10) "Off-site program" means an alternative education program located in a separate and dedicated program facility not located within an existing A1 school.

(11) "On-site program" means an alternative education program located within an existing A1 school.

(12) "Voluntary placement" means the placement of a student in an alternative education program at the request of the parent or emancipated student and with the agreement of school personnel to better meet the educational needs of the student.

Section 2. General Requirements.

(1)

(a) A district shall ensure that each alternative education program is not limited in scope or design and is aligned to the academic program of the district.

(b) A student enrolled in an alternative education program may be eligible to participate in one (1) or more types of programs to address student learning needs that may include an alternative digital learning environment, credit recovery, or an innovative path to graduation.

(2) Each local board of education shall adopt and annually review policies and procedures for the operation of each alternative education program within the district. Locally-adopted policies and procedures shall include the:

(a) Purpose of the program, including the ways the program supports the district's college and career readiness goals for students;

(b) Eligibility criteria, as appropriate;

(c) Process for entering students into the program;

(d) Process for transitioning students out of the program;

(e) Process for developing the ILPA for students with long term placements, including the composition of the team to develop the ILPA, which shall include an invitation to the guardian to participate and, as appropriate, an invitation to the student to participate;

(f) Procedures for collaboration with outside agencies involved with involuntary placements, including courts or other social service agencies to address student transitions between programs;

(g) Procedures for regular, periodic monitoring of the alternative education program by the district; and

(h) Procedures for selecting, implementing, and monitoring the impact of professional learning designed to meet the needs of the teachers and students served by the alternative education program.

(3) An alternative education program shall be either an on-site program or an off-site program.

(4) Alternative education program curriculum shall be aligned with the Kentucky Academic Standards established in 704 KAR 3:303 and 704 KAR Chapter 8, and the student learning goals in the ILP.

(5) Each alternative education program student shall be subject to the minimum graduation requirements established in 704 KAR 3:305 and any additional local district graduation requirements.

(6) An alternative education program shall be subject to any applicable requirements of Kentucky's Consolidated State Plan, or its successor.

(7) Each student participating in an alternative education program shall be eligible to access extracurricular activities as allowed by local district and school council policies and by 702 KAR 7:065 or other applicable organization rules.

(8) Each student participating in an alternative education program shall continue to be able to access resources and services already available in the district, including instructional materials, tutoring, intervention, transportation, library and media services, specialty course work, and counseling services, in furtherance of each student's educational program as determined through the development of the ILPA.

Section 3. Placement of Students.

(1)

(a) The placement of students by the district in an alternative education program shall be either voluntary or involuntary.

(b) A student entering an alternative education program shall meet the eligibility requirements for the program established by the local board pursuant to Section 2 of this administrative regulation.

(c) The district shall ensure that an ILP, as required by 704 KAR 3:305, exists prior to placement of a student in an alternative education program.

(2)

(a) The placement decision for all students with an IEP shall be made through the admissions and release committee (ARC) process pursuant to 707 KAR 1:320.

(b) For a child with a disability, the IEP shall address the changed educational delivery needs of the student based upon entry into or exit from an alternative education program.

(c) The placement decisions for a student who has been identified under 29 U.S.C. §794, Section 504 of the Rehabilitation Act of 1973, as amended, shall be made through a team process consistent with the applicable requirements outlined in 34 C.F.R. Part 104.

Section 4. Costs and Expenditures. Each district shall use the statewide financial management system and chart of accounts to track costs and expenditures associated with each alternative education program operating in the district.

Section 5. Data.

(1) Each district shall utilize the student information system to enter data regarding each student enrolled in an alternative education program.

(2) Data collected shall include demographic, programmatic, or other data fields contained in the student information system or required by the department to track and report student participation, educational programming, achievement, and transition to and from alternative education programs.

(3) Districts shall be responsible for ensuring that education records are maintained and recorded in the student information system for each student in an alternative education program.

Section 6. Personnel. Alternative education program teachers and administrators shall be subject to the teacher certification requirements established in KRS 161.020. School districts shall comply with the classified and certified assignment restrictions established in KRS 160.380(3) when operating alternative education programs.

History

• RELATES TO: KRS 156.070, 156.160, 160.380
• STATUTORY AUTHORITY: KRS 156.070, 156.160
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 authorizes the Kentucky Board of Education to manage and control the programs operated in the common schools. KRS 156.160 grants the Kentucky Board of Education the specific authority to promulgate administrative regulations establishing standards which school districts shall meet in program service to students. This administrative regulation establishes minimum requirements for the operation of alternative education programs in school districts.
• History: 39 Ky.R. 1082; 1465; 1694; eff. 3-8-2013; Crt eff.12-9-2019; 48 Ky.R. 2120, 2762, 2971; eff. 8-30-2022.