156.160 Promulgation of administrative regulations by Kentucky Board of
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/ky/156-160A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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;
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;
3. Every public middle and high school's curriculum shall include
instruction on the Holocaust and other cases of genocide, as defined by
the United Nations Convention on the Prevention and Punishment of the
Crime of Genocide, that a court of competent jurisdiction, whether a
court in the United States or the International Court of Justice, has
determined to have been committed by applying rigorous standards of
due process; and
4. Beginning in the 2025-2026 school year, cursive writing shall be
included as a course of study in all elementary schools and shall be
designed to ensure proficiency in cursive writing by the end of grade
five (5);
(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. The
minimum requirements shall not include achieving any postsecondary
readiness indicator as described in KRS 158.6455 or any minimum score on a
statewide assessment administered under KRS 158.6453. Student scores from
any assessment administered under KRS 158.6453 that are determined by the
department's technical advisory committee to be valid and reliable at the
individual level shall be included on the student transcript. The department's
technical advisory committee 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 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;
(g)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;
(h)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 or
her 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;
(i)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;
(j)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;
(k)The transportation of children to and from school;
(l)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;
(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;
(o)The disposal of real and personal property owned by local boards of
education; and
(p)The development and implementation of procedures, for all students who are
homeless children and youths as defined in 42 U.S.C. sec. 11434a(2), to do
the following:
1. Awarding and accepting of credit, including partial credit, for all
coursework satisfactorily completed by a student while enrolled at
another school;
2. Allowing a student who was previously enrolled in a course required for
graduation the opportunity, to the extent practicable, to complete the
course, at no cost to the student, before the beginning of the next school
year;
3. Awarding a diploma, at the student's request, by a district from which
the student transferred, if the student transfers schools at any time after
the completion of the student's second year of high school and the
student is ineligible to graduate from the district to which the student
transfers, but meets the graduation requirements of the district from
which the student transferred; and
4. Exempting the student from all coursework and other requirements
imposed by the local board of education that are in addition to the
minimum requirements for high school graduation established by the
Kentucky Board of Education pursuant to paragraph
(d)of this
subsection in the district to which the student transfers, if the student
transfers schools at any time after the completion of the student's second
year of high school and the student is ineligible to graduate both from
the district to which the student transfers and the district from which the
student transferred.
(2)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.
(3)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)"Habitual violations," which means five
(5)or more violations within a six
month period, shall result in a six
(6)month ban on competitive food sales for
the violating school; and
(d)Revenue collected as a result of the fines in this subsection shall be
transferred to the food service fund of the local school district.