2014 Kentucky Revised Statutes CHAPTER 160 - SCHOOL DISTRICTS 160.345 Definitions -- Required adoption of school councils for school-based decision making -- Composition -- Responsibilities -- Professional development -- Exemption -- Formula for allocation of school district funds -- Intentionally engaging in conduct detrimental to school-based decision making by board member, superintendent, district employee, or school council member -- Complaint procedure -- Disciplinary action -- Rescission of right to establish and powers of council -- Wellness policy.
Download as PDF
160.345 Definitions -- Required adoption of school councils for school-based
decision making -- Composition -- Responsibilities -- Professional
development -- Exemption -- Formula for allocation of school district
funds -- Intentionally engaging in conduct detrimental to school-based
decision making by board member, superintendent, district employee, or
school council member -- Complaint procedure -- Disciplinary action -Rescission of right to establish and powers of council -- Wellness policy.
(1)
(2)
For the purpose of this section:
(a) "Minority" means American Indian; Alaskan native; African-American;
Hispanic, including persons of Mexican, Puerto Rican, Cuban, and
Central or South American origin; Pacific islander; or other ethnic group
underrepresented in the school;
(b) "School" means an elementary or secondary educational institution that is
under the administrative control of a principal and is not a program or part
of another school. The term "school" does not include district-operated
schools that are:
1.
Exclusively vocational-technical, special education, or preschool
programs;
2.
Instructional programs operated in institutions or schools outside of
the district; or
3.
Alternative schools designed to provide services to at-risk
populations with unique needs;
(c) "Teacher" means any person for whom certification is required as a basis
of employment in the public schools of the state, with the exception of
principals and assistant principals; and
(d) "Parent" means:
1.
A parent, stepparent, or foster parent of a student; or
2.
A person who has legal custody of a student pursuant to a court
order and with whom the student resides.
Each local board of education shall adopt a policy for implementing
school-based decision making in the district which shall include, but not be
limited to, a description of how the district's policies, including those developed
pursuant to KRS 160.340, have been amended to allow the professional staff
members of a school to be involved in the decision making process as they
work to meet educational goals established in KRS 158.645 and 158.6451. The
policy may include a requirement that each school council make an annual
report at a public meeting of the board describing the school's progress in
meeting the educational goals set forth in KRS 158.6451 and district goals
established by the board. The policy shall also address and comply with the
following:
(a) Except as provided in paragraph (b)2. of this subsection, each
participating school shall form a school council composed of two (2)
parents, three (3) teachers, and the principal or administrator. The
membership of the council may be increased, but it may only be
increased proportionately. A parent representative on the council shall not
be an employee or a relative of an employee of the school in which that
parent serves, nor shall the parent representative be an employee or a
relative of an employee in the district administrative offices. A parent
representative shall not be a local board member or a board member's
spouse. None of the members shall have a conflict of interest pursuant to
KRS Chapter 45A, except the salary paid to district employees;
(b) 1.
The teacher representatives shall be elected for one (1) year terms
by a majority of the teachers. A teacher elected to a school council
shall not be involuntarily transferred during his or her term of office.
The parent representatives shall be elected for one (1) year terms.
The parent members shall be elected by the parents of students
preregistered to attend the school during the term of office in an
election conducted by the parent and teacher organization of the
school or, if none exists, the largest organization of parents formed
for this purpose. A school council, once elected, may adopt a policy
setting different terms of office for parent and teacher members
subsequently elected. The principal shall be the chair of the school
council.
2.
School councils in schools having eight percent (8%) or more
minority students enrolled, as determined by the enrollment on the
preceding October 1, shall have at least one (1) minority member. If
the council formed under paragraph (a) of this subsection does not
have a minority member, the principal, in a timely manner, shall be
responsible for carrying out the following:
a.
Organizing a special election to elect an additional member.
The principal shall call for nominations and shall notify the
parents of the students of the date, time, and location of the
election to elect a minority parent to the council by ballot; and
b.
Allowing the teachers in the building to select one (1) minority
teacher to serve as a teacher member on the council. If there
are no minority teachers who are members of the faculty, an
additional teacher member shall be elected by a majority of all
teachers. Term limitations shall not apply for a minority teacher
member who is the only minority on faculty;
(c) 1.
The school council shall have the responsibility to set school policy
consistent with district board policy which shall provide an
environment to enhance the students' achievement and help the
school meet the goals established by KRS 158.645 and 158.6451.
The principal shall be the primary administrator and the instructional
leader of the school, and with the assistance of the total school staff
shall administer the policies established by the school council and
the local board.
2.
If a school council establishes committees, it shall adopt a policy to
facilitate the participation of interested persons, including, but not
limited to, classified employees and parents. The policy shall include
the number of committees, their jurisdiction, composition, and the
process for membership selection;
(d)
(e)
(f)
(g)
(h)
The school council and each of its committees shall determine the
frequency of and agenda for their meetings. Matters relating to formation
of school councils that are not provided for by this section shall be
addressed by local board policy;
The meetings of the school council shall be open to the public and all
interested persons may attend. However, the exceptions to open
meetings provided in KRS 61.810 shall apply;
After receiving notification of the funds available for the school from the
local board, the school council shall determine, within the parameters of
the total available funds, the number of persons to be employed in each
job classification at the school. The council may make personnel
decisions on vacancies occurring after the school council is formed but
shall not have the authority to recommend transfers or dismissals;
The school council shall determine which textbooks, instructional
materials, and student support services shall be provided in the school.
Subject to available resources, the local board shall allocate an
appropriation to each school that is adequate to meet the school's needs
related to instructional materials and school-based student support
services, as determined by the school council. The school council shall
consult with the school media librarian on the maintenance of the school
library media center, including the purchase of instructional materials,
information technology, and equipment;
Personnel decisions at the school level shall be as follows:
1.
From a list of qualified applicants submitted by the local
superintendent, the principal at the participating school shall select
personnel to fill vacancies, after consultation with the school council,
consistent with paragraph (i)11. of this subsection. The
superintendent shall provide additional applicants to the principal
upon request when qualified applicants are available. The
superintendent may forward to the school council the names of
qualified applicants who have pending certification from the
Education Professional Standards Board based on recent
completion of preparation requirements, out-of-state preparation, or
alternative routes to certification pursuant to KRS 161.028 and
161.048. Requests for transfer shall conform to any
employer-employee bargained contract which is in effect;
2.
If the vacancy to be filled is the position of principal, the outgoing
principal shall not serve on the council during the principal selection
process. The superintendent or the superintendent's designee shall
serve as the chair of the council for the purpose of the hiring process
and shall have voting rights during the selection process. The
council shall have access to the applications of all persons certified
for the position. The principal shall be elected on a majority vote of
the membership of the council. No principal who has been
previously removed from a position in the district for cause may be
considered for appointment as principal. The school council shall
receive training in recruitment and interviewing techniques prior to
(i)
carrying out the process of selecting a principal. The council shall
select the trainer to deliver the training;
3.
Personnel decisions made at the school level under the authority of
subparagraphs 1., 2., and 4. of this paragraph shall be binding on
the superintendent who completes the hiring process;
4.
If the vacancy for the position of principal occurs in a school that has
an index score that places it in the lowest one-third (1/3) of all
schools below the assistance line and the school has completed a
scholastic audit under KRS 158.6455 that includes findings of lack of
effectiveness of the principal and school council, the superintendent
shall appoint the principal after consulting with the school council;
5.
Applicants subsequently employed shall provide evidence that they
are certified prior to assuming the duties of a position in accordance
with KRS 161.020; and
6.
Notwithstanding other provisions of this paragraph, if the applicant is
the spouse of the superintendent and the applicant meets the
service requirements of KRS 160.380(2)(e), the applicant shall only
be employed upon the recommendation of the principal and the
approval of a majority vote of the school council;
The school council shall adopt a policy to be implemented by the principal
in the following additional areas:
1.
Determination of curriculum, including needs assessment,
curriculum development and responsibilities under KRS
158.6453(7);
2.
Assignment of all instructional and noninstructional staff time;
3.
Assignment of students to classes and programs within the school;
4.
Determination of the schedule of the school day and week, subject
to the beginning and ending times of the school day and school
calendar year as established by the local board;
5.
Determination of use of school space during the school day;
6.
Planning and resolution of issues regarding instructional practices;
7.
Selection and implementation of discipline and classroom
management techniques as a part of a comprehensive school safety
plan, including responsibilities of the student, parent, teacher,
counselor, and principal;
8.
Selection of extracurricular programs and determination of policies
relating to student participation based on academic qualifications
and attendance requirements, program evaluation, and supervision;
9.
Adoption of an emergency plan as required in KRS 158.162;
10. Procedures, consistent with local school board policy, for
determining alignment with state standards, technology utilization,
and program appraisal; and
11. Procedures to assist the council with consultation in the selection of
personnel by the principal, including but not limited to meetings,
timelines, interviews, review of written applications, and review of
(3)
(4)
(5)
references. Procedures shall address situations in which members
of the council are not available for consultation; and
(j) Each school council shall annually review data as shown on state and
local student assessments and program assessments required under
KRS 158.6453. The data shall include but not be limited to information on
performance levels of all students tested, and information on the
performance of students disaggregated by race, gender, disability, and
participation in the federal free and reduced price lunch program. After
completing the review of data, each school council, with the involvement
of parents, faculty, and staff, shall develop and adopt a plan to ensure
that each student makes progress toward meeting the goals set forth in
KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the
plan to the superintendent and local board of education for review as
described in KRS 160.340. The Kentucky Department of Education shall
provide each school council the data needed to complete the review
required by this paragraph no later than November 1 of each year. If a
school does not have a council, the review shall be completed by the
principal with the involvement of parents, faculty, and staff.
The policies adopted by the local board to implement school-based decision
making shall also address the following:
(a) School budget and administration, including: discretionary funds; activity
and other school funds; funds for maintenance, supplies, and equipment;
and procedures for authorizing reimbursement for training and other
expenses;
(b) Assessment of individual student progress, including testing and reporting
of student progress to students, parents, the school district, the
community, and the state;
(c) School improvement plans, including the form and function of strategic
planning and its relationship to district planning, as well as the school
safety plan and requests for funding from the Center for School Safety
under KRS 158.446;
(d) Professional development plans developed pursuant to KRS 156.095;
(e) Parent, citizen, and community participation including the relationship of
the council with other groups;
(f) Cooperation and collaboration within the district, with other districts, and
with other public and private agencies;
(g) Requirements for waiver of district policies;
(h) Requirements for record keeping by the school council; and
(i) A process for appealing a decision made by a school council.
In addition to the authority granted to the school council in this section, the
local board may grant to the school council any other authority permitted by
law. The board shall make available liability insurance coverage for the
protection of all members of the school council from liability arising in the
course of pursuing their duties as members of the council.
All schools shall implement school-based decision making in accordance with
this section and with the policy adopted by the local board pursuant to this
(6)
(7)
(8)
section. Upon favorable vote of a majority of the faculty at the school and a
majority of at least twenty-five (25) voting parents of students enrolled in the
school, a school meeting its goal as determined by the Department of
Education pursuant to KRS 158.6455 may apply to the Kentucky Board of
Education for exemption from the requirement to implement school-based
decision making, and the state board shall grant the exemption. The voting by
the parents on the matter of exemption from implementing school-based
decision making shall be in an election conducted by the parent and teacher
organization of the school or, if none exists, the largest organization of parents
formed for this purpose. Notwithstanding the provisions of this section, a local
school district shall not be required to implement school-based decision making
if the local school district contains only one (1) school.
The Department of Education shall provide professional development activities
to assist schools in implementing school-based decision making. School
council members elected for the first time shall complete a minimum of six (6)
clock hours of training in the process of school-based decision making, no later
than thirty (30) days after the beginning of the service year for which they are
elected to serve. School council members who have served on a school
council at least one (1) year shall complete a minimum of three (3) clock hours
of training in the process of school-based decision making no later than one
hundred twenty (120) days after the beginning of the service year for which
they are elected to serve. Experienced members may participate in the training
for new members to fulfill their training requirement. School council training
required under this subsection shall be conducted by trainers endorsed by the
Department of Education. By November 1 of each year, the principal through
the local superintendent shall forward to the Department of Education the
names and addresses of each council member and verify that the required
training has been completed. School council members elected to fill a vacancy
shall complete the applicable training within thirty (30) days of their election.
A school that chooses to have school-based decision making but would like to
be exempt from the administrative structure set forth by this section may
develop a model for implementing school-based decision making, including but
not limited to a description of the membership, organization, duties, and
responsibilities of a school council. The school shall submit the model through
the local board of education to the commissioner of education and the
Kentucky Board of Education, which shall have final authority for approval. The
application for approval of the model shall show evidence that it has been
developed by representatives of the parents, students, certified personnel, and
the administrators of the school and that two-thirds (2/3) of the faculty have
agreed to the model.
The Kentucky Board of Education, upon recommendation of the commissioner
of education, shall adopt by administrative regulation a formula by which school
district funds shall be allocated to each school council. Included in the school
council formula shall be an allocation for professional development that is at
least sixty-five percent (65%) of the district's per pupil state allocation for
professional development for each student in average daily attendance in the
school. The school council shall plan professional development in compliance
with requirements specified in KRS 156.095, except as provided in KRS
158.649. School councils of small schools shall be encouraged to work with
other school councils to maximize professional development opportunities.
(9) (a) No board member, superintendent of schools, district employee, or
member of a school council shall intentionally engage in a pattern of
practice which is detrimental to the successful implementation of or
circumvents the intent of school-based decision making to allow the
professional staff members of a school and parents to be involved in the
decision making process in working toward meeting the educational goals
established in KRS 158.645 and 158.6451 or to make decisions in areas
of policy assigned to a school council pursuant to paragraph (i) of
subsection (2) of this section.
(b) An affected party who believes a violation of this subsection has occurred
may file a written complaint with the Office of Education Accountability.
The office shall investigate the complaint and resolve the conflict, if
possible, or forward the matter to the Kentucky Board of Education.
(c) The Kentucky Board of Education shall conduct a hearing in accordance
with KRS Chapter 13B for complaints referred by the Office of Education
Accountability.
(d) If the state board determines a violation has occurred, the party shall be
subject to reprimand. A second violation of this subsection may be
grounds for removing a superintendent, a member of a school council, or
school board member from office or grounds for dismissal of an employee
for misconduct in office or willful neglect of duty.
(10) Notwithstanding subsections (1) to (9) of this section, a school's right to
establish or maintain a school-based decision making council and the powers,
duties, and authority granted to a school council may be rescinded or the
school council's role may be advisory if the commissioner of education or the
Kentucky Board of Education takes action under KRS 160.346.
(11) Each school council of a school containing grades K-5 or any combination
thereof, or if there is no school council, the principal, shall develop and
implement a wellness policy that includes moderate to vigorous physical
activity each day and encourages healthy choices among students. The policy
may permit physical activity to be considered part of the instructional day, not
to exceed thirty (30) minutes per day, or one hundred and fifty (150) minutes
per week. Each school council, or if there is no school council, the principal,
shall adopt an assessment tool to determine each child's level of physical
activity on an annual basis. The council or principal may utilize an existing
assessment program. The Kentucky Department of Education shall make
available a list of available resources to carry out the provisions of this
subsection. The department shall report to the Legislative Research
Commission no later than November 1 of each year on how the schools are
providing physical activity under this subsection and on the types of physical
activity being provided. The policy developed by the school council or principal
shall comply with provisions required by federal law, state law, or local board
policy.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 126, sec. 8, effective June 25, 2013; and ch.
133, sec. 8, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 85, sec. 2,
effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 76, sec. 1, effective June
8, 2011. -- Amended 2009 Ky. Acts ch. 101, sec. 12, effective March 25, 2009.
-- Amended 2008 Ky. Acts ch. 105, sec. 1, effective July 15, 2008. -- Amended
2005 Ky. Acts ch. 84, sec. 6, effective June 20, 2005. -- Amended 2004 Ky. Acts
ch. 188, sec. 4, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 81, sec.
1, effective June 24, 2003. -- Amended 2002 Ky. Acts ch. 152, sec. 1, effective
July 15, 2002; and ch. 302, sec. 5, effective July 15, 2002. -- Amended 2000 Ky.
Acts ch. 212, sec. 1, effective July 14, 2000; ch. 339, sec. 2, effective July 14,
2000; ch. 418, sec. 1, effective July 14, 2000; and ch. 527, sec. 14, effective
July 14, 2000. -- Amended 1998 Ky. Acts ch. 493, sec. 14, effective April 10,
1998; and ch. 609, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch.
34, sec. 1, effective July 15, 1996; ch. 74, sec. 1, effective July 15, 1996; ch.
146, sec. 1, effective July 15, 1996; ch. 318, sec. 52, effective July 15, 1996;
and ch. 362, secs. 1 and 6, effective July 15, 1996. -- Amended 1994 Ky. Acts
ch. 103, sec. 3, effective July 15, 1994; ch. 187, sec. 1, effective July 15, 1994;
ch. 247, sec. 1, effective July 15, 1994; ch. 411, sec. 1, effective July 15, 1994;
and ch. 484, sec. 1, effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 376,
sec. 3, effective July 14, 1992; and ch. 393, sec. 3, July 14, 1992. -- Created
1990 Ky. Acts ch. 476, Pt. I, sec. 14, effective July 13, 1990.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 3, (4) at 629.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 3, (13) at 630.
Legislative Research Commission Note (6/25/2013). This statute was amended
with identical text in 2013 Ky. Acts chs. 126 and 133, which were companion
bills. These Acts have been codified together.
Legislative Research Commission Note (7/15/96). This section was amended by
1996 Ky. Acts chs. 34, 74, 146, 318, and 362. Where these Acts are not in
conflict, they have been codified together. A conflict exists between Acts chs. 34
and 362. Under KRS 446.250, Acts ch. 362, which was last enacted by the
General Assembly, prevails.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.