2015 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
(d)
(e)
(f)
(4)
(a)
(b)
calendar or the regularly scheduled hours in the 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
(5)
(a)
(b)
(6)
(a)
(b)
to an emergency, it may lengthen or shorten any remaining student 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 (3)(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 schoolsponsored 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.
(c)
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
(2) 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 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.
(b) 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.
(c) 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 (6/24/2015). In subsection (5)(b)1. of this
statute, a reference to "subsection (4)(d) of this section" has been changed to read
"subsection (3)(d) of this section." In subsection (10) of this statute, a reference to
"subsection (1) of this section" has been changed to read "subsection (2) of this
section." When the statute was amended in 2014 Ky. Acts ch. 14, sec. 3, the
subsections were renumbered, but the reference to subsections (4) and (1) were not
changed to conform. The Reviser of Statutes has made the conforming changes under
the authority of KRS 7.136.
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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