2014 Kentucky Revised Statutes CHAPTER 158 - CONDUCT OF SCHOOLS -- SPECIAL PROGRAMS 158.070 Minimum school term or school term -- Professional development -- Suicide prevention -- Holidays and days closed -- Continuing education for certain students -- Instructional days and their equivalents in school term -- Breakfast program -- Scheduling of athletic competitions -- Missed school days due to emergencies and service credit.
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158.070 Minimum school term or school term -- Professional development -Suicide prevention -- Holidays and days closed -- Continuing education
for certain students -- Instructional days and their equivalents in school
term -- Breakfast program -- Scheduling of athletic competitions -- Missed
school days due to emergencies and service credit.
(1)
(2)
(3)
As used in this section:
(a) "Minimum school term" or "school term" means not less than one hundred
eighty-five (185) days composed of the student attendance days, teacher
professional days, and holidays;
(b) "School calendar" means the document adopted by a local board of
education that establishes the minimum school term, student instructional
year, and days that school will not be in session;
(c) "Student attendance day" means any day that students are scheduled to
be at school to receive instruction, and encompasses the designated start
and dismissal time;
(d) "Student instructional year" means at least one thousand sixty-two
(1,062) hours of instructional time for students delivered on not less than
one hundred seventy (170) student attendance days; and
(e) "Teacher professional day" means any day teachers are required to
report to work as determined by a local board of education, with or without
the presence of students.
The local board of education, upon recommendation of the local school district
superintendent, shall annually adopt a school calendar for the upcoming school
year that establishes the opening and closing dates of the school term,
beginning and ending dates of each school month, student attendance days,
and days on which schools shall be dismissed. The local board may schedule
days for breaks in the school calendar that shall not be counted as a part of the
minimum school term.
(a) Each local board of education shall use four (4) days of the minimum
school term for professional development and collegial planning activities
for the professional staff without the presence of students pursuant to the
requirements of KRS 156.095. At the discretion of the superintendent,
one (1) day of professional development may be used for district-wide
activities and for training that is mandated by federal or state law. The use
of three (3) days shall be planned by each school council, except that the
district is encouraged to provide technical assistance and leadership to
school councils to maximize existing resources and to encourage shared
planning.
(b) In addition to the four (4) days required under paragraph (a) of this
subsection, a minimum of two (2) hours of self-study review of suicide
prevention materials shall be required for all high school and middle
school principals, guidance counselors, and teachers each school year.
(c) A local board may approve a school's flexible professional development
plan that permits teachers or other certified personnel within a school to
participate in professional development activities outside the days
scheduled in the school calendar or the regularly scheduled hours in the
(d)
(e)
(f)
(4)
(a)
(b)
school work day and receive credit towards the four (4) day professional
development requirement within the minimum one hundred eighty-five
(185) days that a teacher shall be employed.
1.
A flexible schedule option shall be reflected in the school's
professional development component within the school improvement
plan or consolidated plan and approved by the local board. Credit for
approved professional development activities may be accumulated
in periods of time other than full day segments.
2.
No teacher or administrator shall be permitted to count participation
in a professional development activity under the flexible schedule
option unless the activity is related to the teacher's classroom
assignment and content area, or the administrator's job
requirements, or is required by the school improvement or
consolidated plan, or is tied to the teacher's or the administrator's
individual growth plan. The supervisor shall give prior approval and
shall monitor compliance with the requirements of this paragraph. In
the case of teachers, a professional development committee or the
school council by council policy may be responsible for reviewing
requests for approval.
The local board of each school district may use up to a maximum of four
(4) days of the minimum school term for holidays; provided, however, any
holiday which occurs on Saturday may be observed on the preceding
Friday.
Each local board may use two (2) days for planning activities without the
presence of students.
Each local board may close schools for the number of days deemed
necessary for:
1.
National or state emergency or mourning when proclaimed by the
President of the United States or the Governor of the
Commonwealth of Kentucky;
2.
Local emergency which would endanger the health or safety of
children; and
3.
Mourning when so designated by the local board of education and
approved by the Kentucky Board of Education upon
recommendation of the commissioner of education.
The Kentucky Board of Education, upon recommendation of the
commissioner of education, shall adopt administrative regulations
governing the use of student attendance days as a result of a local
emergency, as described in subsection (3)(f)2. of this section, and
regulations setting forth the guidelines and procedures to be observed for
the approval of waivers from the requirements of a student instructional
year in subsection (1)(d) of this section for districts that wish to adopt
innovative instructional calendars, or for circumstances that would create
extreme hardship.
If a local board of education amends its school calendar after its adoption
due to an emergency, it may lengthen or shorten any remaining student
(5)
(a)
(b)
(6)
(a)
(b)
(c)
attendance days by thirty (30) minutes or more, as it deems necessary,
provided the amended calendar complies with the requirements of a
student instructional year in subsection (1)(d) of this section. No student
attendance day shall contain more than seven (7) hours of instructional
time unless the district submitted and received approval from the
commissioner of education for an innovative alternative calendar.
In setting the school calendar, school may be closed for two (2)
consecutive days for the purpose of permitting professional school
employees to attend statewide professional meetings. These two (2) days
for statewide professional meetings may be scheduled to begin with the
first Thursday after Easter, or upon request of the statewide professional
education association having the largest paid membership, the
commissioner of education may designate alternate dates. If schools are
scheduled to operate during days designated for the statewide
professional meeting, the school district shall permit employees who are
delegates to attend as compensated professional leave time and shall
employ substitute teachers in their absence. The commissioner of
education shall designate one (1) additional day during the school year
when schools may be closed to permit professional school employees to
participate in regional or district professional meetings. These three (3)
days so designated for attendance at professional meetings may be
counted as a part of the minimum school term. School shall be closed on
the day of a regular election and on the day of a primary election, and
those days may be used for professional development activities,
professional meetings, or parent-teacher conferences.
All schools shall be closed on the third Monday of January in observance
of the birthday of Martin Luther King, Jr. Districts may:
1.
Designate the day as one (1) of the four (4) holidays permitted
under subsection (4)(d) of this section; or
2.
Not include the day in the minimum school term specified in
subsection (1) of this section.
The Kentucky Board of Education, or the organization or agency
designated by the board to manage interscholastic athletics, shall be
encouraged to schedule athletic competitions outside the regularly
scheduled student attendance day.
Beginning with the 2009-2010 school year, any member of a
school-sponsored interscholastic athletic team who competes in a
regional tournament or state tournament sanctioned by the Kentucky
Board of Education, or the organization or agency designated by the
board to manage interscholastic athletics, and occurring on a regularly
scheduled student attendance day may be counted present at school on
the date or dates of the competition, as determined by local board policy,
for a maximum of two (2) days per student per year. The student shall be
expected to complete any assignments missed on the date or dates of the
competition.
The school attendance record of any student for whom paragraph (b) of
this subsection applies shall indicate that the student was in attendance
on the date or dates of competition.
(7) Students applying for excused absence for attendance at the Kentucky State
Fair shall be granted one (1) day of excused absence.
(8) Schools shall provide continuing education for those students who are
determined to need additional time to achieve the outcomes defined in KRS
158.6451, and schools shall not be limited to the minimum school term in
providing this education. Continuing education time may include extended
days, extended weeks, or extended years. A local board of education may
adopt a policy requiring its students to participate in continuing education. The
local policy shall set out the conditions under which attendance will be required
and any exceptions which are provided. The Kentucky Board of Education shall
promulgate administrative regulations establishing criteria for the allotment of
grants to local school districts and shall include criteria by which the
commissioner of education may approve a district's request for a waiver to use
an alternative service delivery option, including providing services during the
student attendance day on a limited basis. These grants shall be allotted to
school districts to provide instructional programs for pupils who are identified as
needing additional time to achieve the outcomes defined in KRS 158.6451. A
school district that has a school operating a model early reading program under
KRS 158.792 may use a portion of its grant money as part of the matching
funds to provide individualized or small group reading instruction to qualified
students outside of the regular classroom during the student attendance day.
(9) Notwithstanding any other statute, each school term shall include no less than
the equivalent of the student instructional year in subsection (1)(d) of this
section, except that the commissioner of education may grant up to the
equivalent of ten (10) student attendance days for school districts that have an
alternative instruction plan approved by the commissioner of education for the
use of alternative methods of instruction, including virtual learning, on days
when the school district is closed for health or safety reasons, on nontraditional
days, or on nontraditional time. The district's plan shall demonstrate how
teaching and learning in the district will not be negatively impacted. Average
daily attendance for purposes of Support Education Excellence in Kentucky
program funding during the student attendance days granted shall be
calculated in compliance with administrative regulations promulgated by the
Kentucky Board of Education.
(10) Notwithstanding the provisions of KRS 158.060(3) and the provisions of
subsection (1) of this section, a school district shall arrange bus schedules so
that all buses arrive in sufficient time to provide breakfast prior to the beginning
of the student attendance day. In the event of an unforeseen bus delay, the
administrator of a school that participates in the Federal School Breakfast
Program may authorize up to fifteen (15) minutes of the student attendance
day if necessary to provide the opportunity for children to eat breakfast not to
exceed eight (8) times during the school year within a school building.
(11) Notwithstanding any other statute to the contrary, the following provisions shall
apply to a school district that misses student attendance days due to
emergencies, including weather-related emergencies:
(a) A certified school employee shall be considered to have fulfilled the
(b)
(c)
minimum one hundred eighty-five (185) day contract with a school district
under KRS 157.350 and shall be given credit for the purpose of
calculating service credit for retirement under KRS 161.500 for certified
school personnel if:
1.
State and local requirements under this section are met regarding
the equivalent of the number and length of student attendance days,
teacher professional days, professional development days, holidays,
and days for planning activities without the presence of students;
and
2.
The provisions of the district's school calendar to make up student
attendance days missed due to any emergency, as approved by the
Kentucky Department of Education when required, including but not
limited to a provision for additional instructional time per day, are
met.
Additional time worked by a classified school employee shall be
considered as equivalent time to be applied toward the employee's
contract and calculation of service credit for classified employees under
KRS 78.615 if:
1.
The employee works for a school district with a school calendar
approved by the Kentucky Department of Education that contains a
provision that additional instructional time per day shall be used to
make up full days missed due to an emergency;
2.
The employee's contract requires a minimum six (6) hour work day;
and
3.
The employee's job responsibilities and work day are extended
when the instructional time is extended for the purposes of making
up time.
Classified employees who are regularly scheduled to work less than six
(6) hours per day and who do not have additional work responsibilities as
a result of lengthened student attendance days shall be excluded from the
provisions of this subsection. These employees may be assigned
additional work responsibilities to make up service credit under KRS
78.615 that would be lost due to lengthened student attendance days.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 14, sec. 3, effective July 15, 2014. -Amended 2013 Ky. Acts ch. 107, sec. 1, effective June 25, 2013. -- Amended
2010 Ky. Acts ch. 136, sec. 1, effective July 15, 2010; and ch. 146, sec. 1,
effective April 13, 2010. -- Amended 2005 Ky. Acts ch. 178, sec. 1, effective
June 20, 2005. -- Amended 2004 Ky. Acts ch. 89, sec. 1, effective April 6, 2004.
-- Amended 2002 Ky. Acts ch. 131, sec. 1, effective July 15, 2002; and ch. 169,
sec. 1, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 134, sec. 1,
effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 261, sec. 1, effective
July 14, 2000; and ch. 527, sec. 13, effective July 14, 2000. -- Amended 1998
Ky. Acts ch. 580, sec. 4, effective July 15, 1998; and ch. 609, sec. 2, effective
July 15, 1998. -- Amended 1996 Ky. Acts ch. 20, sec. 2, effective July 15, 1996;
ch. 195, sec. 25, effective July 15, 1996; and ch. 362, sec. 6, effective July 15,
1996. -- Amended 1994 Ky. Acts ch. 394, sec. 22, effective July 15, 1994; and
ch. 464, sec. 1, effective July 15, 1994. Amended 1992 Ky. Acts ch. 398, sec.
1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 476, Pt. I, sec. 27,
effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 373, sec. 1, effective July
15, 1986. -- Amended 1984 Ky. Acts ch. 359, sec. 2, effective July 13, 1984. -Amended 1978 Ky. Acts ch. 306, sec. 2, effective March 30, 1978. -- Amended
1976 Ky. Acts ch. 209, sec. 1. -- Amended 1974 Ky. Acts ch. 265, sec. 5. -Amended 1972 Ky. Acts ch. 372, sec. 2. -- Amended 1966 Ky. Acts ch. 29, sec.
1 (1) and (2); and ch. 255, sec. 150. -- Amended 1964 Ky. Acts ch. 6, sec. 1;
and ch. 133, sec. 1. -- Amended 1962 Ky. Acts ch. 244, Art. VII, sec. 2. -Amended 1952 Ky. Acts ch. 104, sec. 1. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4370-7.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 3, (17) at 627.
Legislative Research Commission Note (7/15/2010). The amendments made to
this section by 2010 Ky. Acts ch. 136 shall be known as the "Make a Difference
for Kids Act of 2010."
Legislative Research Commission Note (1/29/2002). The words "upon request of
the statewide professional education association having the" were inadvertently
omitted from subsection (6)(a) of this section when it was amended by 2001 Ky.
Acts ch. 134, sec. 1. These words have been restored to the section by the
reviser of statutes under KRS 7.136 and 446.280.
Legislative Research Commission Note (6/21/2001). A reference to "subsection
(3)(c)" in subsection (6)(b)1. of this statute has been changed in codification to
"subsection (4)(c)" under KRS 7.136(1)(e) and (h). In 2001 Ky. Acts ch. 134,
sec. 1, the existing subsection (3) was renumbered as subsection (4), but an
internal reference to that subsection in the existing language of this statute was
overlooked.
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