KRS 157.350: Eligibility of districts for participation in fund to support education

excellence in Kentucky.

Each district which meets the following requirements shall be eligible to share in the

distribution of funds from the fund to support education excellence in Kentucky:

(1) Employs and compensates all teachers for not less than one hundred eighty -five

(185) days. The Kentucky Board of Education, upon recommendation of the

commissioner of education, shall prescribe procedures by which this require ment

may be reduced during any year for any district which employs teachers for less

than one hundred and eighty -five (185) days, in which case the eligibility of a

district for participation in the public school fund shall be in proportion to the

length of time teachers actually are employed;

(2) Operates all schools for a minimum school term as provided in KRS 158.070 and

administrative regulations of the Kentucky Board of Education. If the school term is

less than one hundred eighty -five (185) days, incl uding not less than one hundred

seventy (170) student attendance days as defined in KRS 158.070 or one thousand

sixty-two (1,062) hours of instructional time, for any reason not approved by the

Kentucky Board of Education on recommendation of the commissio ner, the

eligibility of a district for participation in the public school fund shall be in

proportion to the length of term the schools actually operate;

(3) (a) Compensates all teachers on the basis of a single salary schedule and in

conformity with the provisions of KRS 157.310 to 157.440.

(b) 1. Contracts, renewals, or extensions entered into on or after July 1, 2026,

shall not provide any superintendent, as defined in KRS 161.720, a

percentage pay increase greater than the percentage pay increase

provided to classroom teachers in the district. Upon the expiration of the

superintendent's contract, the local board and superintendent may

negotiate a salary increase, which shall be set forth in a new contract.

2. An administrator, as defined in KRS 161.720, shall not receive a

percentage pay increase greater than the percentage pay increase

provided to classroom teachers in the district unless the pay increase is:

a. In conjunction with a professional advancement that imposes a

significant change in job duties and responsibilities; or

b. The result of local board action to uniformly increase the pay

associated with a specific job category.

3. The commissioner of educat ion may grant a waiver of this paragraph if

requested by a local board. If the commissioner denies a waiver request

from a local board, a waiver of this paragraph may be requested in

accordance with KRS 156.161;

(4) Includes no nonresident pupils in its average daily attendance, except:

(a) Those nonresident pupils admitted pursuant to district nonresident pupil

policies adopted under KRS 158.120; and

(b) A nonresident pupil who attends a district in which a parent of the pupil is

employed. All tuition fees required of a nonresident pupil may be waived for a

pupil who meets the requirements of this paragraph.

This subsection does not apply to those pupils enrolled in an approved class

conducted in a hospital and pupils who have been expelled for behavioral reasons

who shall be counted in average daily attendance under KRS 157.320;

(5) Any secondary school which maintains a basketball team for boys for other than

intramural purposes, shall maintain the same program for girls; and

(6) Any school district which fails to comply with subsection (5) of this section shall be

prohibited from participating in varsity competition in any sport for one (1) year.

Determination of failure to comply shall be made by the Department of Education

after a hearing requested by a ny person within the school district. The hearing shall

be conducted in accordance with KRS Chapter 13B. A district under this subsection

shall, at the hearing, have an opportunity to show inability to comply.