KRS 160.345: Definitions -- Required adoption of school councils for school -based

decision making -- Composition -- Responsibilities -- Personnel decisions --

Procedures to fill vacancy in principal position -- Professional development --

Exemption -- Formula for allocation of school district funds -- Intentionally

engaging in conduct detrimental to school -based decision making by board

member, superintendent, district employee, or school council member --

Complaint procedure -- Disciplinary action -- Rescission of right to establish

and powers of council -- Wellness policy.

(1) For the purpose of this section:

(a) "Minority" means American Indian; Alaskan native; African -American;

Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or

South American origin; Pacific islander; or other ethnic group

underrepresented in the school;

(b) "School" means an elementary or secondary educational institution that is

under the administrative control of a principal and is not a program or part of

another school. The term "school" does not include district -operated schools

that are:

1. Exclusively vocational -technical, special education, or preschool

programs;

2. Instructional programs operated in institutions or schools outside of the

district; or

3. Alternative schools designed to provide services to at -risk populations

with unique needs;

(c) "Teacher" means any person for whom certification is required as a basis of

employment in the public schools of the state, with the exception of principals

and assistant principals; and

(d) "Parent" means:

1. A parent, stepparent, or foster parent of a student; or

2. A person who has legal custody of a student pursuant to a court order

and with whom the student resides.

(2) Each local board of education shall adopt a policy for implementing school -based

decision making in the district which shall include but not be lim ited to a

description of how the district's policies, including those developed pursuant to

KRS 160.340, have been amended to allow the professional staff members of a

school to be involved in the decision -making process as they work to meet

educational go als established in KRS 158.645 and 158.6451. The policy may

include a requirement that each school council make an annual report at a public

meeting of the board describing the school's progress in meeting the educational

goals set forth in KRS 158.6451 an d district goals established by the board. The

policy shall also address and comply with the following:

(a) Except as provided in paragraph (b)2. of this subsection, each participating

school shall form a school council composed of two (2) parents, three ( 3)

teachers, and the principal or administrator. The membership of the council

may be increased, but it may only be increased proportionately. A parent

representative on the council shall not be an employee or a relative of an

employee of the school in whi ch that parent serves, nor shall the parent

representative be an employee or a relative of an employee in the district

administrative offices. A parent representative shall not be a local board

member or a board member's spouse. None of the members shall h ave a

conflict of interest pursuant to KRS Chapter 45A, except the salary paid to

district employees;

(b) 1. The teacher representatives shall be elected for one (1) year terms by a

majority of the teachers. A teacher elected to a school council shall not

be involuntarily transferred during the teacher representative's term of

office. The parent representatives shall be elected for one (1) year terms.

The parent members shall be elected by the parents of students

preregistered to attend the school during the term of office in an election

conducted by the parent and teacher organization of the school or, if

none exists, the largest organization of parents formed for this purpose.

Council elections may allow voting to occur over multiple days and via

electronic means. A school council, once elected, may adopt a policy

setting different terms of office for parent and teacher members

subsequently elected. The principal shall be the chair of the school

council.

2. School councils in schools having eight percent (8 %) or more minority

students enrolled, as determined by the enrollment on the preceding

October 1, shall have at least one (1) minority member. If the council

formed under paragraph (a) of this subsection does not have a minority

member, the principal, in a timely manner, shall be responsible for

carrying out the following:

a. Organizing a special election to elect an additional member. The

principal shall call for nominations and shall notify the parents of

the students of the date, time, and location of the election to elect a

minority parent to the council by ballot; and

b. Allowing the teachers in the building to select one (1) minority

teacher to serve as a teacher member on the council. If there are no

minority teachers who are members of the faculty, an additional

teacher member shall be elected by a majority of all teachers.

Term limitations shall not apply for a minority teacher member

who is the only minority on faculty;

(c) 1. The school council shall have the responsibility to set school policy th at

shall be consistent with district board policy and which shall provide an

environment to enhance the students' achievement and help the school

meet the goals established by KRS 158.645 and 158.6451 and goals for

the district established by the board. Th e principal shall be the primary

administrator and the instructional leader of the school, and with the

assistance of the total school staff shall administer the policies

established by the school council and the local board.

2. If a school council establi shes committees, it shall adopt a policy to

facilitate the participation of interested persons, including, but not

limited to, classified employees and parents. The policy shall include the

number of committees, their jurisdiction, composition, and the pro cess

for membership selection;

(d) The school council and each of its committees shall determine the frequency

of and agenda for their meetings. Matters relating to formation of school

councils that are not provided for by this section shall be addressed b y local

board policy;

(e) The meetings of the school council shall be open to the public and all

interested persons may attend. However, the exceptions to open meetings

provided in KRS 61.810 shall apply;

(f) After receiving notification of the funds available for the school from the local

board, the school council shall determine, within the parameters of the total

available funds, the number of persons to be employed in each job

classification at the school. The council may make personnel decisions on

vacancies occurring after the school council is formed but shall not have the

authority to recommend transfers or dismissals;

(g) The local superintendent shall determine which curriculum, textbooks,

instructional materials, and student support services shall be provided in the

school after consulting with the local board of education, the school principal,

and the school council and after a reasonable review and response period for

stakeholders in accordance with local board of education policy. Subject to

available resources, the local board shall allocate an appropriation to each

school that is adequate to meet the school's needs related to instructional

materials and school -based student support services, as determined by the

school principal after consultation with the school council. The school council

shall consult with the school media librarian on the maintenance of the school

library media center, including the purchase of instructional materials,

information technology, and equipment;

(h) Personnel decisions at the school level shall be as follows:

1. From a list of qualified applicants submitted by the local superintendent,

the principal at the participating school shall select personnel to fill

vacancies, after consultation with the school council, c onsistent with

paragraph (i)11. of this subsection. The superintendent shall provide

additional applicants to the principal upon request when qualified

applicants are available. The superintendent may forward to the school

principal the names of qualified applicants who have pending

certification from the Education Professional Standards Board based on

recent completion of preparation requirements, out -of-state preparation,

or alternative routes to certification pursuant to KRS 161.028 and

161.048. Requests for transfer shall conform to any employer -employee

bargained contract which is in effect;

2. If the vacancy to be filled is the position of principal:

a. The superintendent shall fill the vacancy after consultation with

the school council consistent with paragraph (i)11. of this

subsection;

b. Prior to consultation with the school council, each member shall

sign a nondisclosure agreement forbidding the disclosure of

information shared and discussions held during consultation;

c. A person who believes a vi olation of the nondisclosure agreement

referred to in subdivision b. of this subparagraph has occurred may

file a written complaint with the Kentucky Board of Education;

and

d. A school council member found to have violated the nondisclosure

agreement referred to in subdivision b. of this subparagraph may

be subject to removal from the school council by the Kentucky

Board of Education under subsection (9)(e) of this section;

3. Notwithstanding subparagraph 2. of this paragraph, if the vacancy to be

filled is the position of principal in a county school district in a county

with a consolidated local government adopted under KRS Chapter 67C,

then:

a. The outgoing principal shall not serve on the council during the

principal selection process. The superintenden t or the

superintendent's designee shall serve as the chair of the council for

the purpose of the hiring process and shall have voting rights

during the selection process;

b. The council shall have access to the applications of all persons

certified for th e position. The principal shall be elected on a

majority vote of the membership of the council. The school

council shall receive training in recruitment and interviewing

techniques prior to carrying out the process of selecting a

principal. The council sha ll select the trainer to deliver the

training; and

c. Notwithstanding the requirement that a principal be elected by a

majority vote of the council, the selection of a principal shall be

subject to approval by the superintendent. If the superintendent

does not approve the principal selected by the council, then the

superintendent may select the principal;

4. No principal who has been previously removed from a position in the

district for cause may be considered for appointment as principal in that

district;

5. Personnel decisions made at the school level under the authority of

subparagraph 1. of this paragraph shall be binding on the superintendent

who completes the hiring process;

6. Applicants subsequently employed shall provide evidence that they are

certified prior to assuming the duties of a position in accordance with

KRS 161.020; and

7. Notwithstanding o ther provisions of this paragraph, if the applicant is

the spouse of the superintendent and the applicant meets the service

requirements of KRS 160.380(3)(a), the applicant shall only be

employed upon the recommendation of the principal and the approval of

a majority vote of the school council;

(i) The school council shall adopt a policy that shall be consistent with local

board policy and shall be implemented by the principal in the following

additional areas:

1. Curriculum responsibilities under KRS 158.6453(19);

2. Assignment of all instructional and noninstructional staff time;

3. Assignment of students to classes and programs within the school;

4. Determination of the schedule of the school day and week, subject to the

beginning and ending times of the school day and school calendar year

as established by the local board;

5. Determination of use of school space during the school day related to

improving classroom teaching and learning;

6. Planning and resolution of issues regarding instructional practices;

7. Selection and implementation of discipline and classroom management

techniques as a part of a comprehensive school safety plan, including

responsibilities of the student, parent, teacher, counselor, and principal;

8. Selection of extracurricular prog rams and determination of policies

relating to student participation based on academic qualifications and

attendance requirements, program evaluation, and supervision;

9. Adoption of an emergency plan as required in KRS 158.162;

10. Procedures, consistent with local school board policy, for determining

alignment with state standards, technology utilization, and program

appraisal; and

11. Procedures to assist the council with consultation in the selection of the

principal by the superintendent, and the selec tion of personnel by the

principal, including but not limited to meetings, timelines, interviews,

review of written applications, and review of references. Procedures

shall address situations in which members of the council are not

available for consultation; and

(j) Each school council shall annually review data as shown on state and local

student assessments required under KRS 158.6453. The data shall include but

not be limited to information on performance levels of all students tested, and

information o n the performance of students disaggregated by race, gender,

disability, and participation in the federal free and reduced price lunch

program. After completing the review of data, each school council, with the

involvement of parents, faculty, and staff, s hall develop and adopt a plan to

ensure that each student makes progress toward meeting the goals set forth in

KRS 158.645 and 158.6451(1)(b) by April 1 of each year and submit the plan

to the superintendent and local board of education for review as descr ibed in

KRS 160.340. The Kentucky Department of Education shall provide each

school council the data needed to complete the review required by this

paragraph no later than October 1 of each year. If a school does not have a

council, the review shall be com pleted by the principal with the involvement

of parents, faculty, and staff.

(3) The policies adopted by the local board to implement school-based decision making

shall also address the following:

(a) School budget and administration, including: discretion ary funds; activity and

other school funds; funds for maintenance, supplies, and equipment; and

procedures for authorizing reimbursement for training and other expenses;

(b) Assessment of individual student progress, including testing and reporting of

student progress to students, parents, the school district, the community, and

the state;

(c) School improvement plans, including the form and function of strategic

planning and its relationship to district planning, as well as the school safety

plan and reque sts for funding from the Center for School Safety under KRS

158.446;

(d) Professional development plans developed pursuant to KRS 156.095;

(e) Parent, citizen, and community participation including the relationship of the

council with other groups;

(f) Cooperation and collaboration within the district, with other districts, and with

other public and private agencies;

(g) Requirements for waiver of district policies;

(h) Requirements for record keeping by the school council; and

(i) A process for appealing a decision made by a school council.

(4) In addition to the authority granted to the school council in this section, the local

board may grant to the school council any other authority permitted by law. The

board shall make availabl e liability insurance coverage for the protection of all

members of the school council from liability arising in the course of pursuing their

duties as members of the council.

(5) All schools shall implement school -based decision making in accordance with this

section and with the policy adopted by the local board pursuant to this section.

Upon favorable vote of a majority of the faculty at the school and a majority of at

least twenty -five (25) voting parents of students enrolled in the school, a school

meeting its goal as determined by the Department of Education pursuant to KRS

158.6455 may apply to the Kentucky Board of Education for exemption from the

requirement to implement school -based decision making, and the state board shall

grant the exemption. Th e voting by the parents on the matter of exemption from

implementing school -based decision making shall be in an election conducted by

the parent and teacher organization of the school or, if none exists, the largest

organization of parents formed for this purpose. Notwithstanding the provisions of

this section, a local school district shall not be required to implement school -based

decision making if the local school district contains only one (1) school.

(6) The Department of Education shall provide profe ssional development activities to

assist schools in implementing school -based decision making. School council

members elected for the first time shall complete a minimum of six (6) clock hours

of training in the process of school -based decision making, no later than thirty (30)

days after the beginning of the service year for which they are elected to serve.

School council members who have served on a school council at least one (1) year

shall complete a minimum of three (3) clock hours of training in the p rocess of

school-based decision making no later than one hundred twenty (120) days after the

beginning of the service year for which they are elected to serve. Experienced

members may participate in the training for new members to fulfill their training

requirement. School council training required under this subsection shall be

conducted by trainers endorsed by the Department of Education. By November 1 of

each year, the principal through the local superintendent shall forward to the

Department of Educatio n the names and addresses of each council member and

verify that the required training has been completed. School council members

elected to fill a vacancy shall complete the applicable training within thirty (30)

days of their election.

(7) A school that chooses to have school -based decision making but would like to be

exempt from the administrative structure set forth by this section may develop a

model for implementing school-based decision making, including but not limited to

a description of the member ship, organization, duties, and responsibilities of a

school council. The school shall submit the model through the local board of

education to the commissioner of education and the Kentucky Board of Education,

which shall have final authority for approval . The application for approval of the

model shall show evidence that it has been developed by representatives of the

parents, students, certified personnel, and the administrators of the school and that

two-thirds (2/3) of the faculty have agreed to the model.

(8) The Kentucky Board of Education, upon recommendation of the commissioner of

education, shall adopt by administrative regulation a formula by which school

district funds shall be allocated to each school council. Included in the school

council formula shall be an allocation for professional development that is at least

sixty-five percent (65%) of the district's per pupil state allocation for professional

development for each student in average daily attendance in the school. The school

council shall plan professional development in compliance with requirements

specified in KRS 156.095, except as provided in KRS 158.649. School councils of

small schools shall be encouraged to work with other school councils to maximize

professional development opportunities.

(9) (a) No board member, superintendent of schools, district employee, or member of

a school council shall intentionally engage in a pattern of practice which is

detrimental to the successful implementation of or circumvents the intent of

school-based decision making to allow the professional staff members of a

school and parents to be involved in the decision making process in working

toward meeting the educational goals established in KRS 158.645 and

158.6451 or to make decisions in areas of polic y assigned to a school council

pursuant to paragraph (i) of subsection (2) of this section.

(b) An affected party who believes a violation of this subsection has occurred

may file a written complaint with the Office of Education Accountability. The

office shall investigate the complaint and resolve the conflict, if possible, or

forward the matter to the Kentucky Board of Education.

(c) The Kentucky Board of Education shall conduct a hearing in accordance with

KRS Chapter 13B for complaints referred by the O ffice of Education

Accountability.

(d) If the state board determines a violation has occurred, the party shall be

subject to reprimand. A second violation of this subsection may be grounds

for removing a superintendent or a member of a school council from office or

grounds for dismissal of an employee for misconduct in office or willful

neglect of duty.

(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the

state board determines a violation of the nondisclosure agreement required by

subsection (2)(h)2.b. of this section by a school council member has occurred,

the state board shall remove the member from the school council, and the

member shall be permanently prohibited from serving on any school council

in the district.

(10) Notwithstanding subsections (1) to (9) of this section, a school's right to establish or

maintain a school -based decision making council and the powers, duties, and

authority granted to a school council may be rescinded or the school council's role

may be advis ory if the commissioner of education or the Kentucky Board of

Education takes action under KRS 160.346.

(11) Each school council of a school containing grades K -5 or any combination thereof,

or if there is no school council, the principal, shall develop an d implement a

wellness policy that includes moderate to vigorous physical activity each day and

encourages healthy choices among students. The policy may permit physical

activity to be considered part of the instructional day, not to exceed thirty (30)

minutes per day, or one hundred and fifty (150) minutes per week. Each school

council, or if there is no school council, the principal, shall adopt an assessment tool

to determine each child's level of physical activity on an annual basis. The council

or principal may utilize an existing assessment program. The Kentucky Department

of Education shall make available a list of available resources to carry out the

provisions of this subsection. The department shall report to the Legislative

Research Commission no later than November 1 of each year on how the schools

are providing physical activity under this subsection and on the types of physical

activity being provided. The policy developed by the school council or principal

shall comply with provisions required by federal law, state law, or local board

policy.