2014 Kentucky Revised Statutes CHAPTER 157 - STATE SUPPORT OF EDUCATION 157.360 Base funding level -- Adjustment -- Enforcement of maximum class sizes -- Allotment of program funds -- Recalculation of allocated funds -- Lengthening of school days.
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157.360 Base funding level -- Adjustment -- Enforcement of maximum class
sizes -- Allotment of program funds -- Recalculation of allocated funds -Lengthening of school days.
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In determining the cost of the program to support education excellence in
Kentucky, the statewide guaranteed base funding level, as defined in
KRS 157.320, shall be computed by dividing the amount appropriated for
this purpose by the prior year's statewide average daily attendance.
(b) When determining the biennial appropriations for the program, the
average daily attendance for each fiscal year shall include an estimate of
the number of students graduating early under the provisions of KRS
158.142.
Each district shall receive an amount equal to the base funding level for each
pupil in average daily attendance in the district in the previous year, except a
district shall receive an amount equal to one-half (1/2) of the state portion of
the average statewide per pupil guaranteed base funding level for each student
who graduated early under the provisions of KRS 158.142. Each district's base
funding level shall be adjusted by the following factors:
(a) The number of at-risk students in the district. At-risk students shall be
identified as those approved for the free lunch program under state and
federal guidelines. The number of at-risk students shall be multiplied by a
factor to be established by the General Assembly. Funds generated under
this paragraph may be used to pay for:
1.
Alternative programs for students who are at risk of dropping out of
school before achieving a diploma; and
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A hazardous duty pay supplement as determined by the local board
of education to the teachers who work in alternative programs with
students who are violent or assaultive;
(b) The number and types of exceptional children in the district as defined by
KRS 157.200. Specific weights for each category of exceptionality shall
be used in the calculation of the add-on factor for exceptional children;
and
(c) Transportation costs. The per-pupil cost of transportation shall be
calculated as provided by KRS 157.370. Districts which contract to furnish
transportation to students attending nonpublic schools may adopt any
payment formula which assures that no public school funds are used for
the transportation of nonpublic students.
Beginning with the 2015-2016 school year and each year thereafter, the
General Assembly shall annually allocate funds equal to one-half (1/2) of the
state portion of the average statewide per pupil guaranteed base funding level
for each student who graduated early under the provisions of KRS 158.142 the
previous school year to the Kentucky Higher Education Assistance Authority for
deposit in the early graduation scholarship trust fund.
The program to support education excellence in Kentucky shall be fully
implemented by the 1994-95 school year.
(a) Except for those schools which have implemented school-based decision
making, the commissioner of education shall enforce maximum class
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sizes for every academic course requirement in all grades except in vocal
and instrumental music, and physical education classes. Except as
provided in subsection (6) of this section, the maximum number of pupils
enrolled in a class shall be as follows:
1.
Twenty-four (24) in primary grades (kindergarten through third
grade);
2.
Twenty-eight (28) in grade four (4);
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Twenty-nine (29) in grades five (5) and six (6);
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Thirty-one (31) in grades seven (7) to twelve (12).
(b) Except for those schools which have implemented school-based decision
making, class size loads for middle and secondary school classroom
teachers shall not exceed the equivalent of one hundred fifty (150) pupil
hours per day.
(c) The commissioner of education, upon approval of the Kentucky Board of
Education, shall adopt administrative regulations for enforcing this
provision. These administrative regulations shall include procedures for a
superintendent to request an exemption from the Kentucky Board of
Education when unusual circumstances warrant an increased class size
for an individual class. A request for an exemption shall include specific
reasons for the increased class size with a plan for reducing the class
size prior to the beginning of the next school year. A district shall not
receive in any one (1) year exemptions for more classes than enroll
twenty percent (20%) of the pupils in the primary grades and grades four
(4) through eight (8).
(d) In all schools the commissioner of education shall enforce the special
education maximum class sizes set by administrative regulations adopted
by the Kentucky Board of Education. A superintendent may request an
exemption pursuant to paragraph (c) of this subsection. A local school
council may request a waiver pursuant to KRS 156.160(2). An exemption
or waiver shall not be granted if the increased class size will impede any
exceptional child from achieving his individual education program in the
least restrictive environment.
In grades four (4) through six (6) with combined grades, the maximum class
size shall be the average daily attendance upon which funding is appropriated
for the lowest assigned grade in the class. There shall be no exceptions to the
maximum class size for combined classes. In combined classes other than the
primary grades, no ungraded students shall be placed in a combined class with
graded students. In addition, there shall be no more than two (2) consecutive
grade levels combined in any one (1) class in grades four (4) through six (6).
However, this shall not apply to schools which have implemented school-based
decision making.
If a local school district, through its admission and release committee,
determines that an appropriate program in the least restrictive environment for
a particular child with a disability includes either part-time or full-time enrollment
with a private school or agency within the state or a public or private agency in
another state, the school district shall count as average daily attendance in a
public school the time that the child is in attendance at the school or agency,
contingent upon approval by the commissioner of education.
(8) Pupils attending a center for child learning and study established under an
agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose of
calculating average daily attendance, be considered as in attendance in the
school district in which the child legally resides and which is party to the
agreement. For purposes of subsection (1) of this section, teachers who are
actually employees of the joint or cooperative action shall be considered as
employees of each school district which is a party to the agreement.
(9) Program funding shall be increased when the average daily attendance in any
district for the first two (2) months of the current school year is greater than the
average daily attendance of the district for the first two (2) months of the
previous school year. The program funds allotted the district shall be increased
by the percent of increase. The average daily attendance in kindergarten is the
kindergarten full-time equivalent pupils in average daily attendance.
(10) If the average daily attendance for the current school year in any district
decreases by ten percent (10%) or more than the average daily attendance for
the previous school year, the average daily attendance for purposes of
calculating program funding for the next school year shall be increased by an
amount equal to two-thirds (2/3) of the decrease in average daily attendance. If
the average daily attendance remains the same or decreases in the
succeeding school year, the average daily attendance for purposes of
calculating program funding for the following school year shall be increased by
an amount equal to one-third (1/3) of the decrease for the first year of the
decline.
(11) If the percentage of attendance of any school district shall have been reduced
more than two percent (2%) during the previous school year, the program
funding allotted the district for the current school year shall be increased by the
difference in the percentage of attendance for the two (2) years immediately
prior to the current school year less two percent (2%).
(12) (a) Instructional salaries for vocational agriculture classes shall be for twelve
(12) months per year. Vocational agriculture teachers shall be responsible
for the following program of instruction during the time period beyond the
regular school term established by the local board of education:
supervision and instruction of students in agriculture experience
programs; group and individual instruction of farmers and
agribusinessmen; supervision of student members of agricultural
organizations who are involved in leadership training or other activity
required by state or federal law; or any program of vocational agriculture
established by the Division of Career and Technical Education in the
Department of Education. During extended employment, no vocational
agriculture teacher shall receive salary on a day that the teacher is
scheduled to attend an institution of higher education class which could
be credited toward meeting any certification requirement.
(b) Each teacher of agriculture employed shall submit an annual plan for
summer program to the local school superintendent for approval. The
summer plan shall include a list of tasks to be performed, purposes for
each task, and time to be spent on each task. Approval by the local
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school superintendent shall be in compliance with the guidelines
developed by the Department of Education. The supervision and
accountability of teachers of vocational agriculture's summer programs
shall be the responsibility of the local school superintendent. The local
school superintendent shall submit to the commissioner of education a
completed report of summer tasks for each vocational agriculture teacher.
Twenty percent (20%) of the approved vocational agriculture programs
shall be audited annually by the State Department of Education to
determine that the summer plan has been properly executed.
(a) In allotting program funds for home and hospital instruction, statewide
guaranteed base funding, excluding the capital outlay, shall be allotted for
each child in average daily attendance in the prior school year who has
been properly identified according to Kentucky Board of Education
administrative regulations. Attendance shall be calculated pursuant to
KRS 157.270 and shall be reported monthly on forms provided by the
Department of Education; and
(b) Pursuant to administrative regulations of the Kentucky Board of
Education, local school districts shall be reimbursed for home and
hospital instruction for pupils unable to attend regular school sessions
because of short term health impairments. A reimbursement formula shall
be established by administrative regulations to include such factors as a
reasonable per hour, per child allotment for teacher instructional time,
with a maximum number of funded hours per week, a reasonable
allotment for teaching supplies and equipment, and a reasonable
allotment for travel expenses to and from instructional assignments, but
the formula shall not include an allotment for capital outlay. Attendance
shall be calculated pursuant to KRS 157.270 and shall be reported
annually on forms provided by the Department of Education.
Except for those schools which have implemented school-based decision
making and the school council has voted to waive this subsection, kindergarten
aides shall be provided for each twenty-four (24) full-time equivalent
kindergarten students enrolled.
Effective July 1, 2001, there shall be no deduction applied against the base
funding level for any pupil in average daily attendance who spends a portion of
his or her school day in a program at a state-operated career and technical
education or vocational facility.
During a fiscal year, a school district may request that the Department of
Education recalculate its funds allocated under this section if the current year
average daily attendance for the twenty (20) day school month as defined in
KRS 158.060(1) that contains the most days within the calendar month of
January exceeds the prior year adjusted average daily attendance plus growth
by at least one percent (1%). Any adjustments in the allotments approved
under this subsection shall be proportional to the remaining days in the school
year and subject to available funds under the program to support education
excellence in Kentucky.
To calculate the state portion of the program to support education excellence in
Kentucky for a school district, the Department of Education shall subtract the
local effort required under KRS 157.390(5) from the calculated base funding
under the program to support education excellence in Kentucky, as required by
this section. The value of the real estate used in this calculation shall be the
lesser of the current year assessment or the prior year assessment increased
by four percent (4%) plus the value of current year new property. The
calculation under this subsection shall be subject to available funds.
(18) Notwithstanding any other statute or budget of the Commonwealth language to
the contrary, time missed due to shortening days for emergencies may be
made up by lengthening school days in the school calendar without any loss of
funds under the program to support education excellence in Kentucky.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 104, sec. 3, effective June 25, 2013. -Amended 2009 Ky. Acts ch. 74, sec. 1, effective June 25, 2009, and ch. 88 sec.
4, effective March 24, 2009. -- Amended 2002 Ky. Acts ch. 126, sec. 1, effective
April 2, 2002. -- Amended 2001 Ky. Acts ch. 123, sec. 6, effective June 21,
2001. -- Amended 2000 Ky. Acts ch. 389, sec. 3, effective July 14, 2000; and ch.
526, sec. 15, effective July 14, 2000 -- Amended 1998 Ky. Acts ch. 493, sec. 10,
effective April 10, 1998. -- Amended 1996 Ky. Acts ch. 65, sec. 1, effective July
15, 1996; ch. 87, sec. 1, effective July 15, 1996; and ch. 362, sec. 6, effective
July 15, 1996. -- Amended 1994 Ky. Acts ch. 74, sec. 1, effective July 15, 1994;
and ch. 405, sec. 24, effective July 15, 1994. Amended 1992 Ky. Acts ch. 323,
sec. 1, effective July 14, 1992; ch. 406, sec. 1, effective April 10, 1992. -Amended 1990 Ky. Acts ch. 476, Pt. III, sec. 97, effective July 13, 1990; and ch.
518, sec. 3, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 361, sec. 14,
effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 39, sec. 1, effective July
15, 1986; ch. 73, sec. 1, effective July 15, 1986; ch. 157, sec. 1, effective July
15, 1986; and ch. 173, sec. 1, effective March 28, 1986. -- Amended 1985 (1st
Extra. Sess.) Ky. Acts ch. 10, sec. 5, effective October 18, 1985. -- Amended
1984 Ky. Acts ch. 41, sec. 1, effective July 13, 1984; ch. 367, sec. 3, effective
July 13, 1984; ch. 368, sec. 1, effective July 13, 1984; ch. 397, sec. 6, effective
July 13, 1984; and ch. 410, sec. 10, effective July 13, 1984. -- Amended 1982
Ky. Acts ch. 97, sec. 3, effective July 15, 1982; ch. 119, sec. 3, effective July 15,
1982; and ch. 358, sec. 2, effective July 15, 1982. -- Amended 1980 Ky. Acts ch.
183, sec. 6, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 133, sec. 3,
effective June 17, 1978. -- Created 1976 Ky. Acts ch. 93, sec. 25, effective July
1, 1976.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 1, (2) at 626.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 1, (4) at 626.
History for former KRS 157.360. Repealed 1974 Ky. Acts ch. 363, sec. 18,
effective June 30, 1976. -- Amended 1974 Ky. Acts ch. 196, sec. 1, effective
June 21, 1974; and ch. 265, sec. 3, effective June 21, 1974. -- Amended 1972
Ky. Acts ch. 66, sec. 1; ch. 151, sec. 5; and ch. 372, sec. 4. -- Amended 1968
Ky. Acts ch. 208, sec. 2. -- Amended 1960 Ky. Acts ch. 145, sec. 3. -- Created
1954 Ky. Acts ch. 214, sec. 6.
Legislative Research Commission Note (6/25/2013). A reference to "subsection
(5)" in subsection (5)(a) of this statute has been changed in codification to
"subsection (6)" under KRS 7.136(1)(e) and (h). In 2013 Ky. Acts ch. 104, sec.
3, a new subsection (3) was inserted into this statute and subsequent
subsections were renumbered, but the internal reference in the existing
language was overlooked.
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