SB 196

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1AN ACT relating to grooming.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3SECTION 1. A NEW SECTION OF KRS CHAPTER 156 IS CREATED TO
4 READ AS FOLLOWS:
5 As used in Sections 2, 3, 4, and 5 of this Act, "grooming behavior" means a course of
6 conduct directed at a minor that is intended to establish an emotional connection with
7 a minor through manipulation, trust-building, or influence to:
8 (1)    Facilitate future acts of sexual conduct; or
9 (2)    Normalize or desensitize the minor to acts of sexual conduct;
10 even if no in-person meeting or act of sexual conduct is completed. This conduct may
11 occur online or in person, through third parties, or by other indirect methods to
12 facilitate the manipulation of a minor.
13Section 2. KRS 161.120 is amended to read as follows:
14 (1)    Except as described in KRS 161.795, the Education Professional Standards Board
15may revoke, suspend, or refuse to issue or renew; impose probationary or
16supervisory conditions upon; issue a written reprimand or admonishment; or any
17combination of those actions regarding any certificate issued under KRS 161.010 to
18161.100, or any certificate or license issued under any previous law to
19superintendents, principals, teachers, substitute teachers, interns, supervisors,
20directors of pupil personnel, or other administrative, supervisory, or instructional
21employees for the following reasons:
22(a)    Being convicted of, or entering an "Alford" plea or plea of nolo contendere to,
23notwithstanding an order granting probation or suspending imposition of any
24sentence imposed following the conviction or entry of the plea, one (1) of the
25following:
261.      A felony;
272.      A misdemeanor under KRS Chapter 218A, 508, 509, 510, 522, 525,
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1529, 530, or 531; or
23.      A misdemeanor involving a student or minor.
3A certified copy of the conviction or plea shall be conclusive evidence of the
4conviction or plea;
5(b)    Having sexual contact as defined in KRS 510.010[(7)] with a:
61.      Current student;
72.      Former student within two (2) years of the student's graduation or
8otherwise ceasing to be enrolled as a student, unless the applicant or
9certificate holder can prove by a preponderance of the evidence that
10no grooming behavior occurred while the former student was a
11current student or minor; or
123.      Minor.
13Conviction in a criminal proceeding shall not be a requirement for
14disciplinary action;
15(c)    Committing any act that constitutes fraudulent, corrupt, dishonest, or immoral
16conduct. If the act constitutes a crime, conviction in a criminal proceeding
17shall not be a condition precedent to disciplinary action;
18(d)    Demonstrating willful or careless disregard for the health, welfare, or safety
19of others;
20(e)    Physical or mental incapacity that prevents the certificate holder from
21performing duties with reasonable skill, competence, or safety;
22(f)    Possessing, using, or being under the influence of alcohol, which impairs the
23performance of duties;
24(g)    Unlawfully possessing or unlawfully using a drug during the performance of
25duties;
26(h)    Incompetency or neglect of duty;
27(i)    Making, or causing to be made, any false or misleading statement or
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1concealing a material fact in obtaining issuance or renewal of any certificate;
2(j)    Failing to report as required by subsection (3) of this section;
3(k)    Failing to comply with an order of the Education Professional Standards
4Board;
5(l)    Violating any state statute relating to schools or the teaching profession;
6(m) Violating the professional code of ethics for Kentucky school certified
7personnel established by the Education Professional Standards Board through
8the promulgation of administrative regulation;
9(n)    Violating any administrative regulation promulgated by the Education
10Professional Standards Board or the Kentucky Board of Education; or
11(o)    Receiving disciplinary action or having the issuance of a certificate denied or
12restricted by another jurisdiction on grounds that constitute a violation of this
13subsection.
14 (2)    The Education Professional Standards Board shall respond to complaints against a
15certificate holder by the following process:
16(a)    1.      Except as provided in subparagraph 2. of this paragraph, within thirty
17(30) calendar days of the receipt of a completed complaint, board staff
18shall conduct an initial review to determine whether there is sufficient
19evidence that a violation may have occurred and shall provide notice of
20the initial determination to the certificate holder within seven (7)
21business days that shall include the complete copy of the report and all
22underlying relevant documents and records. If the complaint alleges
23unauthorized electronic communication as defined in KRS 160.145,
24sexual contact, or other sexual misconduct, the identity of a complainant
25that is not the superintendent and any identifying information of the
26minor involved in the complaint shall remain confidential.
272.      When a complaint alleges unauthorized electronic communication, as
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1defined in KRS 160.145, sexual contact, or other sexual misconduct, the
2board staff shall have one hundred twenty (120) days to conduct the
3initial review required by subparagraph 1. of this paragraph;
4(b)    Upon receipt of the notice, the certificate holder shall have thirty (30)
5calendar days to respond or provide a rebuttal to any complaint that was
6determined to contain sufficient evidence that a violation may have occurred.
7The response period shall be extended an additional thirty (30) calendar days
8upon the certificate holder's written request submitted to the board;
9(c)    Within ten (10) business days of the receipt of the certificate holder's response
10or the end of the response period established in paragraph (b) of this
11subsection, board staff shall conduct another review of the complaint to
12determine if sufficient evidence exists to support a violation. If the board staff
13determines that the evidence is:
141.      Insufficient, then the board staff shall recommend dismissal and shall
15notify the certificate holder and the complainant of the recommendation
16within seven (7) business days of the determination; or
172.      Sufficient, then the board staff shall have seven (7) business days to
18notify the certificate holder and the complainant of the determination.
19Notice to the complainant shall only state that further proceedings will
20occur;
21(d)    Upon a determination that sufficient evidence exists to support a possible
22violation, within the notice required under paragraph (c)2. of this subsection,
23board staff shall initiate an in-person or virtual conference with the certificate
24holder to share information and to determine if an agreed resolution can be
25recommended to the board concerning the alleged violation. The conference
26shall be scheduled within thirty (30) calendar days of the determination. The
27certificate holder may decline the conference. If the conference does not occur
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1due to the certificate holder's failure to respond within the thirty (30) calendar
2days, the required conference shall be considered waived. The certificate
3holder may have an attorney present at the conference;
4(e)    Upon the conclusion of the thirty (30) calendar days conference period, the
5board shall act on the complaint within thirty (30) calendar days. If the board
6fails to act on the complaint within the thirty (30) calendar days, then the
7complaint shall be considered dismissed. The board shall consider the entirety
8of the complaint with any associated response or recommended agreed
9resolution to determine:
101.      Dismissal,    conditional dismissal        upon   completion     of   training,
11admonishment, further investigation, or initiation of a hearing;
122.      Approval of the recommended agreed resolution; or
133.      A deferral if:
14a.    The content of the complaint is subject to ongoing:
15i.     Criminal investigation or proceedings;
16ii.    Child abuse, dependency, or neglect investigation by an
17authorized state agency; or
18iii.   Teacher tribunal process as provided in KRS 161.790; or
19b.    The deferral is agreed to by the certificate holder; and
20(f)    The provision of a confirmation of receipt from the board to the certificate
21holder whenever the certificate holder submits a response or correspondence
22to the board.
23 (3)    (a)    The superintendent of each local school district shall report in writing to the
24Education Professional Standards Board the name, address, phone number,
25Social Security number, and position name of any certified school employee
26in the employee's district whose contract is terminated or not renewed, for
27cause except failure to meet local standards for quality of teaching
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1performance prior to the employee gaining tenure; who resigns from, or
2otherwise leaves, a position under threat of contract termination, or
3nonrenewal, for cause; who is convicted in a criminal prosecution; or who
4otherwise may have engaged in any actions or conduct while employed in the
5school district that might reasonably be expected to warrant consideration for
6action against the certificate under subsection (1) of this section. The duty to
7report shall exist without regard to any disciplinary action, or lack thereof, by
8the superintendent, and the required report shall be submitted within thirty
9(30) calendar days of the event giving rise to the duty to report.
10(b)    The district superintendent shall inform the Education Professional Standards
11Board in writing of the full facts and circumstances leading to the contract
12termination or nonrenewal, resignation, or other absence, conviction, or
13otherwise reported actions or conduct of the certified employee, that may
14warrant action against the certificate under subsection (1) of this section, and
15shall forward copies of all relevant documents and records in his or her
16possession.
17(c)    The Education Professional Standards Board shall provide the superintendent
18confirmation of receipt of any report submitted by the superintendent within
19seven (7) business days and shall provide the superintendent with notice of:
201.      Whether or not board staff determine that there is sufficient evidence in
21the report that a violation may have occurred; and
222.      Any board action taken against the certificate holder who is the subject
23of the report.
24(d)    The Education Professional Standards Board may consider reports and
25information received from other sources.
26(e)    The certified school employee shall be given a copy of any report provided to
27the Education Professional Standards Board by the district superintendent or
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1other sources. The employee shall have the right to file a written rebuttal
2pursuant to subsection (2) of this section to the report which shall be placed in
3the official file with the report.
4 (4)    A finding or action by a school superintendent or tribunal does not create a
5presumption of a violation or lack of a violation of subsection (1) of this section.
6 (5)    The board may issue a written admonishment to the certificate holder if the board
7determines, based on the evidence, that a violation has occurred that is not of a
8serious nature. A copy of the written admonishment shall be placed in the official
9file of the certificate holder. The certificate holder may respond in writing to the
10admonishment within thirty (30) calendar days of receipt and have that response
11placed in his or her official certification file. Alternatively, the certificate holder
12may file a request for a hearing with the board within thirty (30) calendar days of
13receipt of the admonishment. Upon receipt of a request for a hearing, the board
14shall set aside the written admonishment and set the matter for hearing pursuant to
15the provisions of KRS Chapter 13B within thirty (30) calendar days of receipt of the
16request.
17 (6)    (a)    In accordance with the timeline specified in this section, the Education
18Professional Standards Board shall schedule and conduct a hearing in
19accordance with KRS Chapter 13B:
201.      Upon determining that a complaint warrants possible revoking,
21suspending, refusing to renew, imposing probationary or supervisory
22conditions upon, issuing a written reprimand, or any combination of
23these actions regarding any certificate;
242.      After denying an application for a certificate, upon written request filed
25within thirty (30) calendar days of receipt of the letter advising of the
26denial; or
273.      After issuing a written admonishment, upon written request for a
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1hearing filed within thirty (30) calendar days of receipt of the written
2admonishment.
3(b)    If after the hearing required under paragraph (a) of this subsection is
4scheduled and the certificate holder or applicant believes the hearing is not
5timely, the certificate holder or applicant may submit a request for an
6expedited hearing, and the hearing shall be conducted within sixty (60)
7calendar days of the request.
8(c)    Upon request, a hearing may be public or private at the discretion of the
9certified employee or applicant.
10(d)    The hearing shall be conducted before a hearing officer secured by the board
11pursuant to KRS 13B.030 and the board may:
121.      Employ hearing officers;
132.      Contract with another agency for hearing officers;
143.      Contract with private attorneys through personal service contracts; or
154.      Secure a hearing officer from the Attorney General's office.
16(e)    The hearing shall afford the certificate holder all the rights secured under KRS
17Chapter 13B.
18 (7)    The Education Professional Standards Board or its chair may take emergency action
19pursuant to KRS 13B.125. Emergency action shall not affect a certificate holder's
20contract or tenure rights in the school district.
21 (8)    If the Education Professional Standards Board substantiates that sexual contact
22occurred between a certified employee and a student or minor, the employee's
23certificate may be revoked or suspended with mandatory treatment of the employee
24as prescribed by the Education Professional Standards Board. The Education
25Professional Standards Board may require the employee to pay a specified amount
26for mental health services for the student or minor which are needed as a result of
27the sexual contact.
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1 (9)    At any time during the investigative or hearing processes, the board may enter into
2an agreed order or accept an assurance of voluntary compliance with the certificate
3holder.
4 (10) The board may reconsider, modify, or reverse its decision on any disciplinary
5action.
6 (11) Suspension of a certificate shall be for a specified period of time, not to exceed two
7(2) years.
8(a)    At the conclusion of the specified period, upon demonstration of compliance
9with any educational requirements and the terms set forth in the agreed order,
10the certificate shall be reactivated.
11(b)    A suspended certificate is subject to expiration and termination.
12 (12) Revocation of a certificate is a permanent forfeiture. The board shall establish the
13minimum period of time before an applicant can apply for a new certificate.
14(a)    At the conclusion of the specified period, and upon demonstration of
15compliance with any educational requirements and the terms set forth in the
16agreed order, the applicant shall bear the burden of proof to show that he or
17she is again fit for practice.
18(b)    The board shall have discretion to impose conditions that it deems reasonably
19appropriate to ensure the applicant's fitness and the protection of public
20safety. Any conditions imposed by the board shall address or apply to only
21that time period after the revocation of the certificate.
22 (13) An appeal from any final order of the Education Professional Standards Board shall
23be filed in Franklin Circuit Court or the Circuit Court of the county in which the
24certificate holder was employed when the incident occurred in accordance with
25KRS Chapter 13B which provides that all final orders of an agency shall be subject
26to judicial review.
27Section 3. KRS 160.390 is amended to read as follows:
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1 (1)    The superintendent shall devote himself exclusively to his duties. He shall exercise
2general supervision of the schools of his district, examine their condition and
3progress, and keep himself informed of the progress in other districts. He shall
4prepare or have prepared all budgets, salary schedules, and reports required of his
5board by the Kentucky Board of Education. He shall advise himself of the need of
6extension of the school system of the district, shall receive and examine reports
7from teachers and other school officers, and shall make reports from time to time as
8required by the rules of his board or as directed by the board. He shall be
9responsible to the board for the general condition of the schools. He shall be
10responsible for all personnel actions including hiring, assignments, transfer,
11dismissal, suspension, reinstatement, promotion, and demotion and reporting the
12actions to the local board.
13 (2)    The superintendent shall, as a condition for employment within a local school
14district, prohibit any employee of the local school district from sexual contact as
15defined in KRS 510.010 with any:
16(a)    Current student;
17(b)    Former student within two (2) years of the student's graduation or
18otherwise ceasing to be enrolled as a student in the local school district,
19unless the employee or prospective employee provides sufficient proof to
20satisfy the superintendent that no grooming behavior occurred while the
21former student was a current student or minor; or
22(c)    Minor.
23 (3)    All personnel actions by the superintendent as described in subsection (1) shall be
24recorded in the minutes of the local board of education at the next meeting after the
25action is taken and shall not be effective prior to receipt of written notice of the
26personnel action by the affected employee from the superintendent.
27Section 4. KRS 160.1596 is amended to read as follows:
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1 (1)    (a)    For purposes of this section, a member of the board of directors of a public
2charter school shall be considered an officer under KRS 61.040 and shall,
3within sixty (60) days of final approval of an application, take an oath of
4office as required under KRS 62.010.
5(b)    Within seventy-five (75) days of the final approval of an application, the
6board of directors and the authorizer shall enter into a binding charter contract
7that establishes the academic and operational performance expectations and
8measures by which the public charter school will be evaluated.
9(c)    The executed charter contract shall become the final authorization for the
10public charter school. The charter contract shall include:
111.      The term of the contract;
122.      The agreements relating to each item required under KRS 160.1592(3)
13and 160.1593(3), as modified or supplemented during the approval
14process;
153.      The rights and duties of each party;
164.      The administrative relationship between the authorizer and the public
17charter school;
185.      The allocation of state, local, and federal funds, and the schedule to
19disburse funds to the public charter school by the authorizer;
206.      The process the authorizer will use to provide ongoing oversight,
21including a process to conduct annual site visits;
227.      The specific commitments of the public charter school authorizer
23relating to its obligations to oversee, monitor the progress of, and
24supervise the public charter school;
258.      The process and criteria the authorizer will use to annually monitor and
26evaluate the overall academic, operating, and fiscal conditions of the
27public charter school, including the process the authorizer will use to
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1oversee the correction of any deficiencies found in the annual review;
29.      The process for revision or amendment to the terms of the charter
3contract agreed to by the authorizer and the board of directors of the
4public charter school;
510.     The process agreed to by the authorizer and the board of directors of the
6public charter school that identifies how disputes between the authorizer
7and the board will be handled;
811.     A requirement that all employees or contractors of a public charter
9school refrain from sexual contact as defined in KRS 510.010 with
10any:
11a.     Current student;
12b.     Former student within two (2) years of the student's graduation
13or otherwise ceasing to be enrolled as a student in the local
14school district, unless the employee, prospective employee, or
15contractor provides sufficient proof to satisfy the board of
16directors or school administrator responsible for personnel
17matters that no grooming behavior occurred while the former
18student was a current student or minor; or
19c.     Minor; and
2012.[11.]       Any other terms and conditions agreed to by the authorizer and the
21board of directors, including pre-opening conditions. Reasonable
22conditions shall not include enrollment caps or operational requirements
23that place undue constraints on a public charter school or are
24contradictory to the provisions of KRS 160.1590 to 160.1599 and
25161.141. Such conditions, even when incorporated in a charter contract,
26shall be considered unilaterally imposed conditions.
27(d)    1.      The performance provisions within a charter contract shall be based on a
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1performance framework that sets forth the academic and operational
2performance indicators, measures, and metrics to be used by the
3authorizer to evaluate each public charter school. The performance
4framework shall include at a minimum indicators, measures, and metrics
5for:
6a.     Student academic proficiency;
7b.     Student academic growth;
8c.     Achievement gaps in both student proficiency and student growth
9for student subgroups, including race, sex, socioeconomic status,
10and areas of exceptionality;
11d.     Student attendance;
12e.     Student suspensions;
13f.     Student withdrawals;
14g.     Student exits;
15h.     Recurrent enrollment from year to year;
16i.     College or career readiness at the end of grade twelve (12);
17j.     Financial performance and sustainability; and
18k.     Board of directors' performance and stewardship, including
19compliance with all applicable statutes, administrative regulations,
20and terms of the charter contract.
212.      The performance framework shall allow the inclusion of additional
22rigorous, valid, and reliable indicators proposed by a public charter
23school to augment external evaluations of its performance. The proposed
24indicators shall be consistent with the purposes of KRS 160.1590 to
25160.1599 and 161.141 and shall be negotiated with the authorizer.
263.      The performance framework shall require the disaggregation of student
27performance data by subgroups, including race, sex, socioeconomic
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1status, and areas of exceptionality.
24.      The authorizer shall be responsible for collecting, analyzing, and
3reporting to the state board all state-required assessment and
4achievement data for each public charter school it oversees.
5(e)    Annual student achievement performance targets shall be set, in accordance
6with the state accountability system, by each public charter school in
7conjunction with its authorizer, and those measures shall be designed to help
8each school meet applicable federal, state, and authorizer goals.
9(f)    The charter contract shall be signed by the chair of the governing board of the
10authorizer and the chair of the board of directors of the public charter school.
11An approved charter application shall serve as a charter contract for the public
12charter school.
13(g)    No public charter school may commence operations without a charter contract
14executed according to this section and approved in an open meeting of the
15governing board of the authorizer.
16 (2)    Within five (5) days after entering into a charter contract, a copy of the executed
17contract shall be submitted by the authorizer to the commissioner of education.
18 (3)    For the purposes of local and state funding, a public charter school shall serve as a
19school of the district of location.
20 (4)    For the purposes of federal funding, a public charter school shall serve as a local
21education agency.
22 (5)    All students enrolled in a public charter school shall be included in the average
23daily attendance calculation under KRS 157.360 and the aggregate and average
24daily attendance of transported pupils calculation under KRS 157.370 of the district
25of location in the same manner as any other public schools in the district and shall
26be reported by the public charter schools to the school district and state Department
27of Education for purposes of calculating the state and local share of funding for
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1each public charter school.
2 (6)    Notwithstanding the formula for allocating district funds under KRS 160.345(8)
3and any other statute governing a district's funding of schools, unless an authorizing
4district agrees to provide a larger sum of funding in the charter contract, after local
5capital outlay funds that are restricted in use pursuant to KRS 157.420(4) and funds
6under KRS 157.440(1)(b) and 157.621 necessary to meet debt service obligations
7on bonds or other financing mechanisms for new construction and renovation
8projects for school facilities are excluded, and before any other funds are budgeted
9for district use, a district shall transfer to each of the public charter schools located
10within the district:
11(a)    The amount that is proportional to the public charter school's enrollment or
12average daily attendance in comparison with the overall district qualifying
13numbers for:
141.      Funds that are related to students' attendance and enrollment and
15allocated to the district of location pursuant to KRS 157.360;
162.      Any add-on or funding factors provided for in the state budget;
173.      Any add-on or funding factors provided for by the Kentucky
18Department of Education; and
194.      Funds pursuant to KRS 157.360(2)(a) and (b) and (13)(a).
20For each funding source identified in this paragraph, the transfer amount shall
21be based on the public charter school's qualifying student enrollment or
22average daily attendance, depending on the method used in the funding
23source's calculation;
24(b)    On a proportionate per pupil basis:
251.      Education funds allocated to the school district pursuant to KRS
26157.440(1)(a) and (2)(a), or pursuant to any applicable federal statute;
27and
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12.      All taxes and payments in lieu of taxes transferred to the district of
2location or levied and collected by the district of location; and
3(c)    On a proportionate per pupil transported basis, transportation funds calculated
4pursuant to KRS 157.360(2)(c) and 157.370 and distributed to the district of
5location, unless the school district provides transportation to students
6attending the public charter school under written terms agreed upon by the
7district and the public charter school in either the charter contract or, if the
8district is not the public charter school's authorizer, a separate agreement.
9 (7)    (a)    If transportation funds are transferred under this section to a public charter
10school, then the public charter school receiving those funds shall provide
11transportation services to the enrolled students residing within the district of
12location.
13(b)    If funds designated for providing additional services to specific students are
14transferred under this section, then the public charter school receiving those
15funds shall provide those services in the same manner as the district of
16location.
17(c)    If transportation services are not provided by the public charter school and no
18written agreement to provide transportation services with the district of
19location exists, then no transportation funds shall be transferred and the
20district of location shall not be responsible for providing transportation to the
21public charter school's students.
22 (8)    Notwithstanding the identification of funds to be transferred in this section, a
23collaborative among local school boards authorizing a public charter school may
24negotiate among the local boards and a charter applicant to identify the amount of
25funds to be transferred to the public charter school. The agreement shall be detailed
26in the charter contract.
27 (9)    (a)    For the calculation of amounts under subsections (6) and (7) of this section
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1during the first school year of operation of a public charter school in a school
2district, beginning with the start of instruction:
31.      The public charter school's average daily attendance shall be calculated
4based on a projection of the public charter school's enrollment and the
5district's overall average daily attendance;
62.      The public charter school's aggregate daily attendance of students
7transported shall be calculated based on a projection of the public
8charter school's enrollment and transportation plan and the district's
9overall aggregate daily attendance of students transported; and
103.      The amounts attributable to each individual student's attendance at the
11public charter school shall be calculated based on a projection of the
12public charter school's enrollment and demographics and the district's
13overall enrollment and demographics.
14(b)    The calculations shall be adjusted in January of the first school year of
15operation to reflect the first semester's actual data. Subsequent years of
16operation shall be calculated using actual data from the prior school year.
17 (10) (a)      Funds identified for transfer under this section shall be transferred by a district
18of location to each of the public charter schools located within the district.
19However, up to three percent (3%) of the funds identified under this section
20for transfer to a public charter school may be retained by an authorizer as an
21authorizer fee.
22(b)    If the authorizer of a public charter school does not include the local board of
23education of the district of location, then the district of location shall transfer
24the authorizer fee to the public charter school's authorizer.
25(c)    If the Kentucky Board of Education requires the authorization of a public
26charter school on appeal from an authorizer, the board shall receive twenty-
27five percent (25%) of the authorizing fee for the duration of joint oversight
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1required by KRS 160.1595.
2 (11) Funds identified for transfer by a district of location to a public charter school under
3this section shall be transferred throughout the school year according to a schedule
4determined by the state board. The scheduled dates shall be within thirty (30) days
5of the dates of state disbursement of funds to school districts. Failure to transfer
6required funds shall, for every five (5) days late, result in a fine to the violator of
7not less than five percent (5%) of the total funds per funding period to be
8transferred. Fines imposed shall be transferred to the public charter school affected
9by the delay.
10 (12) A public charter school shall be eligible for federal and state competitive grants and
11shall not be excluded from an opportunity to apply or participate so long as the
12public charter school meets the criteria established for the respective grants. Each
13public charter school that receives grant aid shall comply with all requirements to
14receive such aid.
15 (13) A public charter school shall receive a proportionate per pupil share of any state
16moneys not otherwise identified in this section that is received by the school district
17of location. The public charter school shall also receive, according to federal law,
18moneys generated under federal categorical aid programs for students that are
19eligible for the aid and attending the public charter school. Each public charter
20school that receives such aid shall comply with all requirements to receive such aid.
21 (14) The commissioner of education shall apply for all federal funding that supports
22charter school initiatives for which a state must be the applicant and shall cooperate
23with any public charter school in its efforts to seek federal funding.
24 (15) If a public charter school closes for any reason, the assets of the school shall be
25distributed first to satisfy outstanding payroll obligations for employees of the
26school, then to the creditors of the school, then to the district of location or
27authorizing districts if authorized by a collaborative of local boards of education. If
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1the assets are insufficient to satisfy outstanding obligations, the authorizer shall
2petition to Circuit Court of the county in which the public charter school is located
3to prioritize the distribution of assets.
4 (16) The state board shall promulgate administrative regulations to:
5(a)    Establish the process to be used to evaluate the performance of a charter
6school authorizer, based upon the requirements of KRS 160.1590 to 160.1599
7and 161.141, and the actions to be taken in response to failures in
8performance; and
9(b)    Govern the calculation and distribution of funds due to public charter schools
10from school districts, the schedule of distribution of funds, and the imposition
11of fines for late distribution of funds.
12 (17) By August 31, 2023, and annually thereafter, each public charter school authorizer
13shall submit to the commissioner of education, the secretary of the Education and
14Labor Cabinet, and the Interim Joint Committee on Education a report to include:
15(a)    The names of each public charter school operating under contract with the
16authorizer during the previous academic year that:
171.      Closed during or after the academic year; or
182.      Had the contract nonrenewed or revoked;
19(b)    The names of each public charter school operating under contract with the
20authorizer during the previous academic year that have not yet begun to
21operate;
22(c)    The number of applications received, the number reviewed, and the number
23approved;
24(d)    A summary of the academic and financial performance of each public charter
25school operated under contract with the authorizer during the previous
26academic year; and
27(e)    The authorizing duties and functions performed by the authorizer during the
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1previous academic year.
2Section 5. KRS 156.160 is amended to read as follows:
3 (1)    With the advice of the Local Superintendents Advisory Council, the Kentucky
4Board of Education shall promulgate administrative regulations establishing
5standards which school districts shall meet in student, program, service, and
6operational performance. These regulations shall comply with the expected
7outcomes for students and schools set forth in KRS 158.6451. Administrative
8regulations shall be promulgated for the following:
9(a)    Courses of study for the different grades and kinds of common schools
10identifying the common curriculum content directly tied to the goals,
11outcomes, and assessment strategies developed under KRS 158.645,
12158.6451, and 158.6453 and distributed to local school districts and schools.
13The administrative regulations shall provide that:
141.      If a school offers American sign language, the course shall be accepted
15as meeting the foreign language requirements in common schools
16notwithstanding other provisions of law;
172.      If a school offers the Reserve Officers Training Corps program, the
18course shall be accepted as meeting the physical education requirement
19for high school graduation notwithstanding other provisions of law;
203.      Every public middle and high school's curriculum shall include
21instruction on the Holocaust and other cases of genocide, as defined by
22the United Nations Convention on the Prevention and Punishment of the
23Crime of Genocide, that a court of competent jurisdiction, whether a
24court in the United States or the International Court of Justice, has
25determined to have been committed by applying rigorous standards of
26due process; and
274.      Beginning in the 2025-2026 school year, cursive writing shall be
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1included as a course of study in all elementary schools and shall be
2designed to ensure proficiency in cursive writing by the end of grade
3five (5);
4(b)    Courses of study or educational experiences available to students in all middle
5and high schools to fulfill the prerequisites for courses in advanced science
6and mathematics as defined in KRS 158.845;
7(c)    The acquisition and use of educational equipment for the schools as
8recommended by the Council for Education Technology;
9(d)    The minimum requirements for high school graduation in light of the
10expected outcomes for students and schools set forth in KRS 158.6451. The
11minimum requirements shall not include achieving any postsecondary
12readiness indicator as described in KRS 158.6455 or any minimum score on a
13statewide assessment administered under KRS 158.6453. Student scores from
14any assessment administered under KRS 158.6453 that are determined by the
15department's technical advisory committee to be valid and reliable at the
16individual level shall be included on the student transcript. The department's
17technical advisory committee shall submit its determination to the
18commissioner of education and the Legislative Research Commission;
19(e)    The requirements for an alternative high school diploma for students with
20disabilities whose individualized education program indicates that, in
21accordance with 20 U.S.C. sec. 1414(d)(1)(A):
221.      The student cannot participate in the regular statewide assessment; and
232.      An appropriate alternate assessment has been selected for the student
24based upon a modified curriculum and an individualized course of
25study;
26(f)    Taking and keeping a school census, and the forms, blanks, and software to be
27used in taking and keeping the census and in compiling the required reports.
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1The board shall create a statewide student identification numbering system
2based on students' Social Security numbers. The system shall provide a
3student identification number similar to, but distinct from, the Social Security
4number, for each student who does not have a Social Security number or
5whose parents or guardians choose not to disclose the Social Security number
6for the student;
7(g)    Sanitary and protective construction of public school buildings, toilets,
8physical equipment of school grounds, school buildings, and classrooms. With
9respect to physical standards of sanitary and protective construction for school
10buildings, the Kentucky Board of Education shall adopt the Uniform State
11Building Code;
12(h)    Medical inspection, physical and health education and recreation, and other
13regulations necessary or advisable for the protection of the physical welfare
14and safety of the public school children. The administrative regulations shall
15set requirements for student health standards to be met by all students in
16grades four (4), eight (8), and twelve (12) pursuant to the outcomes described
17in KRS 158.6451. The administrative regulations shall permit a student who
18received a physical examination no more than six (6) months prior to his or
19her initial admission to Head Start to substitute that physical examination for
20the physical examination required by the Kentucky Board of Education of all
21students upon initial admission to the public schools, if the physical
22examination given in the Head Start program meets all the requirements of the
23physical examinations prescribed by the Kentucky Board of Education;
24(i)    A vision examination by an optometrist or ophthalmologist that shall be
25required by the Kentucky Board of Education. The administrative regulations
26shall require evidence that a vision examination that meets the criteria
27prescribed by the Kentucky Board of Education has been performed. This
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1evidence shall be submitted to the school no later than January 1 of the first
2year that a three (3), four (4), five (5), or six (6) year-old child is enrolled in a
3public school, public preschool, or Head Start program;
4(j)    1.      Beginning with the 2010-2011 school year, a dental screening or
5examination by a dentist, dental hygienist, physician, registered nurse,
6advanced practice registered nurse, or physician assistant that shall be
7required by the Kentucky Board of Education. The administrative
8regulations shall require evidence that a dental screening or examination
9that meets the criteria prescribed by the Kentucky Board of Education
10has been performed. This evidence shall be submitted to the school no
11later than January 1 of the first year that a five (5) or six (6) year-old
12child is enrolled in a public school.
132.      A child shall be referred to a licensed dentist if a dental screening or
14examination performed by anyone other than a licensed dentist identifies
15the possibility of dental disease;
16(k)    The transportation of children to and from school;
17(l)    The fixing of holidays on which schools may be closed and special days to be
18observed, and the pay of teachers during absence because of sickness or
19quarantine or when the schools are closed because of quarantine;
20(m) The preparation of budgets and salary schedules for the several school
21districts under the management and control of the Kentucky Board of
22Education;
23(n)    A uniform series of forms and blanks, educational and financial, including
24forms of contracts, for use in the several school districts;
25(o)    The disposal of real and personal property owned by local boards of
26education; and
27(p)    The development and implementation of procedures, for all students who are
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1homeless children and youths as defined in 42 U.S.C. sec. 11434a(2), to do
2the following:
31.      Awarding and accepting of credit, including partial credit, for all
4coursework satisfactorily completed by a student while enrolled at
5another school;
62.      Allowing a student who was previously enrolled in a course required for
7graduation the opportunity, to the extent practicable, to complete the
8course, at no cost to the student, before the beginning of the next school
9year;
103.      Awarding a diploma, at the student's request, by a district from which
11the student transferred, if the student transfers schools at any time after
12the completion of the student's second year of high school and the
13student is ineligible to graduate from the district to which the student
14transfers, but meets the graduation requirements of the district from
15which the student transferred; and
164.      Exempting the student from all coursework and other requirements
17imposed by the local board of education that are in addition to the
18minimum requirements for high school graduation established by the
19Kentucky Board of Education pursuant to paragraph (d) of this
20subsection in the district to which the student transfers, if the student
21transfers schools at any time after the completion of the student's second
22year of high school and the student is ineligible to graduate both from
23the district to which the student transfers and the district from which the
24student transferred.
25 (2)    Any private, parochial, or church school may be certified upon application to the
26board by the school and upon a showing that the school:
27(a)    Voluntarily complies[comply] with curriculum, certification, and textbook
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1standards established by the Kentucky Board of Education; and
2(b)    Requires, as a condition for employment within the school, a prohibition of
3any employee of the school from sexual contact as defined in KRS 510.010
4with any:
51.      Current student;
62.      Former student within two (2) years of the student's graduation or
7otherwise ceasing to be enrolled as a student in the school, unless the
8employee or prospective employee provides sufficient proof to satisfy
9the governing board or school administrator responsible for personnel
10matters that no grooming behavior occurred while the former student
11was a current student or minor; and
123.      Minor
13[and be certified upon application to the board by such schools].
14 (3)    Any public school that violates the provisions of KRS 158.854 shall be subject to a
15penalty to be assessed by the commissioner of education as follows:
16(a)    The first violation shall result in a fine of no less than one (1) week's revenue
17from the sale of the competitive food;
18(b)    Subsequent violations shall result in a fine of no less than one (1) month's
19revenue from the sale of the competitive food;
20(c)    "Habitual violations," which means five (5) or more violations within a six (6)
21month period, shall result in a six (6) month ban on competitive food sales for
22the violating school; and
23(d)    Revenue collected as a result of the fines in this subsection shall be
24transferred to the food service fund of the local school district.
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