2014 Kentucky Revised Statutes CHAPTER 156 - DEPARTMENT OF EDUCATION 156.160 Promulgation of administrative regulations by Kentucky Board of Education -- Voluntary compliance -- Penalty.
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156.160 Promulgation of administrative regulations by Kentucky Board of
Education -- Voluntary compliance -- Penalty.
(1)
With the advice of the Local Superintendents Advisory Council, the Kentucky
Board of Education shall promulgate administrative regulations establishing
standards which school districts shall meet in student, program, service, and
operational performance. These regulations shall comply with the expected
outcomes for students and schools set forth in KRS 158.6451. Administrative
regulations shall be promulgated for the following:
(a) Courses of study for the different grades and kinds of common schools
identifying the common curriculum content directly tied to the goals,
outcomes, and assessment strategies developed under KRS 158.645,
158.6451, and 158.6453 and distributed to local school districts and
schools. The administrative regulations shall provide that:
1.
If a school offers American sign language, the course shall be
accepted as meeting the foreign language requirements in common
schools notwithstanding other provisions of law; and
2.
If a school offers the Reserve Officers Training Corps program, the
course shall be accepted as meeting the physical education
requirement for high school graduation notwithstanding other
provisions of law;
(b) Courses of study or educational experiences available to students in all
middle and high schools to fulfill the prerequisites for courses in advanced
science and mathematics as defined in KRS 158.845;
(c) The acquisition and use of educational equipment for the schools as
recommended by the Council for Education Technology;
(d) The minimum requirements for high school graduation in light of the
expected outcomes for students and schools set forth in KRS 158.6451.
Student scores from any assessment administered under KRS 158.6453
that are determined by the National Technical Advisory Panel to be valid
and reliable at the individual level shall be included on the student
transcript. The National Technical Advisory Panel shall submit its
determination to the commissioner of education and the Legislative
Research Commission;
(e) The requirements for an alternative high school diploma for students with
disabilities whose individualized education program indicates that, in
accordance with 20 U.S.C. sec. 1414(d)(1)(A):
1.
The student cannot participate in the regular statewide assessment;
and
2.
An appropriate alternate assessment has been selected for the
student based upon a modified curriculum and an individualized
course of study;
(f) Taking and keeping a school census, and the forms, blanks, and software
to be used in taking and keeping the census and in compiling the required
reports. The board shall create a statewide student identification
numbering system based on students' Social Security numbers. The
system shall provide a student identification number similar to, but distinct
(g)
(h)
(i)
(j)
(k)
(l)
from, the Social Security number, for each student who does not have a
Social Security number or whose parents or guardians choose not to
disclose the Social Security number for the student;
Sanitary and protective construction of public school buildings, toilets,
physical equipment of school grounds, school buildings, and classrooms.
With respect to physical standards of sanitary and protective construction
for school buildings, the Kentucky Board of Education shall adopt the
Uniform State Building Code;
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. The administrative
regulations shall set requirements for student health standards to be met
by all students in grades four (4), eight (8), and twelve (12) pursuant to
the outcomes described in KRS 158.6451. The administrative regulations
shall permit a student who received a physical examination no more than
six (6) months prior to his initial admission to Head Start to substitute that
physical examination for the physical examination required by the
Kentucky Board of Education of all students upon initial admission to the
public schools, if the physical examination given in the Head Start
program meets all the requirements of the physical examinations
prescribed by the Kentucky Board of Education;
A vision examination by an optometrist or ophthalmologist that shall be
required by the Kentucky Board of Education. The administrative
regulations shall require evidence that a vision examination that meets
the criteria prescribed by the Kentucky Board of Education has been
performed. This evidence shall be submitted to the school no later than
January 1 of the first year that a three (3), four (4), five (5), or six (6)
year-old child is enrolled in a public school, public preschool, or Head
Start program;
1.
Beginning with the 2010-2011 school year, a dental screening or
examination by a dentist, dental hygienist, physician, registered
nurse, advanced practice registered nurse, or physician assistant
that shall be required by the Kentucky Board of Education. The
administrative regulations shall require evidence that a dental
screening or examination that meets the criteria prescribed by the
Kentucky Board of Education has been performed. This evidence
shall be submitted to the school no later than January 1 of the first
year that a five (5) or six (6) year-old child is enrolled in a public
school.
2.
A child shall be referred to a licensed dentist if a dental screening or
examination performed by anyone other than a licensed dentist
identifies the possibility of dental disease;
The transportation of children to and from school;
The fixing of holidays on which schools may be closed and special days
to be observed, and the pay of teachers during absence because of
sickness or quarantine or when the schools are closed because of
quarantine;
(2)
(3)
(4)
(m) The preparation of budgets and salary schedules for the several school
districts under the management and control of the Kentucky Board of
Education;
(n) A uniform series of forms and blanks, educational and financial, including
forms of contracts, for use in the several school districts; and
(o) The disposal of real and personal property owned by local boards of
education.
(a) At the request of a local board of education or a school council, a local
school district superintendent shall request that the Kentucky Board of
Education waive any administrative regulation promulgated by that board.
Beginning in the 1996-97 school year, a request for waiver of any
administrative regulation shall be submitted to the Kentucky Board of
Education in writing with appropriate justification for the waiver. The
Kentucky Board of Education may approve the request when the school
district or school has demonstrated circumstances that may include but
are not limited to the following:
1.
An alternative approach will achieve the same result required by the
administrative regulation;
2.
Implementation of the administrative regulation will cause a hardship
on the school district or school or jeopardize the continuation or
development of programs; or
3.
There is a finding of good cause for the waiver.
(b) The following shall not be subject to waiver:
1.
Administrative regulations relating to health and safety;
2.
Administrative regulations relating to civil rights;
3.
Administrative regulations required by federal law; and
4.
Administrative regulations promulgated in accordance with KRS
158.6451, 158.6453, 158.6455, 158.685, and this section, relating to
measurement of performance outcomes and determination of
successful districts or schools, except upon issues relating to the
grade configuration of schools.
(c) Any waiver granted under this subsection shall be subject to revocation
upon a determination by the Kentucky Board of Education that the school
district or school holding the waiver has subsequently failed to meet the
intent of the waiver.
Any private, parochial, or church school may voluntarily comply with
curriculum, certification, and textbook standards established by the Kentucky
Board of Education and be certified upon application to the board by such
schools.
Any public school that violates the provisions of KRS 158.854 shall be subject
to a penalty to be assessed by the commissioner of education as follows:
(a) The first violation shall result in a fine of no less than one (1) week's
revenue from the sale of the competitive food;
(b) Subsequent violations shall result in a fine of no less than one (1) month's
revenue from the sale of the competitive food;
(c)
(d)
"Habitual violations," which means five (5) or more violations within a six
(6) month period, shall result in a six (6) month ban on competitive food
sales for the violating school; and
Revenue collected as a result of the fines in this subsection shall be
transferred to the food service fund of the local school district.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 27, sec. 1, effective July 12, 2012. -Amended 2010 Ky. Acts ch. 85, sec. 27, effective July 15, 2010. -- Amended
2008 Ky. Acts ch. 92, sec. 1, effective July 15, 2008; and ch. 134, sec. 12,
effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 84, sec. 1, effective June
20, 2005. -- Amended 2004 Ky. Acts ch. 97, sec. 2, effective July 13, 2004. -Amended 2002 Ky. Acts ch. 148, sec. 1, effective July 15, 2002. -- Amended
2000 Ky. Acts ch. 308, sec. 8, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 204, sec. 1, effective July 15, 1998; ch. 434, sec. 2, effective July 15,
1998; and ch. 598, sec. 9, effective April 14, 1998. -- Amended 1996 Ky. Acts
ch. 7, sec. 1, effective July 15, 1996; and ch. 362, sec. 6, effective July 15,
1996. -- Amended 1994 Ky. Acts ch. 98, sec. 8, effective July 15, 1994; ch. 354,
sec. 3, effective July 15, 1994; and ch. 404, sec. 1, effective July 15, 1994 -Amended 1992 Ky. Acts ch. 195, sec. 10, effective April 3, 1992; ch. 362, sec. 1,
effective July 14, 1992; and ch. 444, sec. 1, effective July 14, 1992. -- Amended
1990 ch. 453, sec. 2, effective July 13, 1990; and ch. 476, Pt. I, sec. 31,
effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 297, sec. 1, effective July
13, 1984. -- Amended 1978 Ky. Acts ch. 117, sec. 16, effective August 31, 1979;
and ch. 155, sec. 90, effective June 17, 1978. -- Amended 1974 Ky. Acts
ch. 348, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. secs. 4384-17, 4384-21, 4384-22, 4384-24 to 4384-30.
Legislative Research Commission Note (7/15/98). This section was amended by
1998 Ky. Acts chs. 204, 434, and 598. Where these Acts are not in conflict, they
have been codified together. Where a conflict exists between chs. 434 and 598,
Acts ch. 598, which was last enacted by the General Assembly, prevails under
KRS 446.250.
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