{"data":{"id":"us-ky/krs-156.160","jurisdiction":"us-ky","citation":"KRS 156.160","heading":"Promulgation of administrative regulations by Kentucky Board of","body":"Education -- Voluntary compliance -- Penalties.\n(1) With the advice of the Local Superintendents Advisory Council, the Kentucky\nBoard of Education shall promu lgate administrative regulations establishing\nstandards which school districts shall meet in student, program, service, and\noperational performance. These regulations shall comply with the expected\noutcomes for students and schools set forth in KRS 158.645 1. Administrative\nregulations shall be promulgated for the following:\n(a) Courses of study for the different grades and kinds of common schools\nidentifying the common curriculum content directly tied to the goals,\noutcomes, and assessment strategies develo ped under KRS 158.645,\n158.6451, and 158.6453 and distributed to local school districts and schools.\nThe administrative regulations shall provide that:\n1. If a school offers American sign language, the course shall be accepted\nas meeting the foreign langua ge requirements in common schools\nnotwithstanding other provisions of law;\n2. If a school offers the Reserve Officers Training Corps program, the\ncourse shall be accepted as meeting the physical education requirement\nfor high school graduation notwithstanding other provisions of law;\n3. Every public middle and high school's curriculum shall include\ninstruction on the Holocaust and other cases of genocide, as defined by\nthe United Nations Convention on the Prevention and Punishment of the\nCrime of Genocide, that a court of competent jurisdiction, whether a\ncourt in the United States or the International Court of Justice, has\ndetermined to have been committed by applying rigorous standards of\ndue process; and\n4. Beginning in the 2025 -2026 school year, cursive writing shall be\nincluded as a course of study in all elementary schools and shall be\ndesigned to ensure proficiency in cursive writing by the end of grade\nfive (5);\n(b) Courses of study or educational experiences available to students in all middle\nand hi gh schools to fulfill the prerequisites for courses in advanced science\nand mathematics as defined in KRS 158.845;\n(c) The acquisition and use of educational equipment for the schools as\nrecommended by the Kentucky Department of Education;\n(d) The minimum requirements for high school graduation in light of the\nexpected outcomes for students and schools set forth in KRS 158.6451. The\nminimum requirements shall not include achieving any postsecondary\nreadiness indicator as described in KRS 158.645 5 or any minimum score on a\nstatewide assessment administered under KRS 158.6453. Student scores from\nany assessment administered under KRS 158.6453 that are determined by the\ndepartment's technical advisory committee to be valid and reliable at the\nindividual level shall be included on the student transcript. The department's\ntechnical advisory committee shall submit its determination to the\ncommissioner of education and the Legislative Research Commission;\n(e) 1. Beginning with the 2027 -2028 school year, the requirements for an\nalternate high school diploma for students with disabilities:\na. Whose individualized education program indicates that, in\naccordance with 20 U.S.C. sec. 1414(d)(1)(A):\ni. The student cannot participate in the regular statewide\nassessment; and\nii. An appropriate alternate assessment has been selected for the\nstudent based upon a modified curriculum and an\nindividualized course of study;\nb. That is obtained within the time period for which students are\nensured the availability of a fr ee appropriate public education\nconsistent with KRS 158.100 and the federal Individuals with\nDisabilities Education Act, 20 U.S.C. sec. 1400 et seq.;\nc. That, upon the completion of the requirements for an alternate\nhigh school diploma, maintains a student 's right to continue to\nreceive a free appropriate public education until the student earns a\nregular high school diploma or reaches the maximum age of\neligibility for attendance, whichever occurs first; and\nd. That complies with the criteria for a state -defined alternate high\nschool diploma to meet requirements for inclusion in the adjusted\ncohort graduation rate under the federal Every Student Succeeds\nAct of 2015, Pub. L. No. 114-95; and\n2. The requirements for a modified high school diploma for students  with\ndisabilities whose individualized education program indicates that, in\naccordance with 20 U.S.C. sec. 1414(d)(1)(A):\na. The student cannot participate in the regular statewide assessment;\nb. An appropriate alternate assessment has been selected for t he\nstudent based upon modified curriculum and an individualized\ncourse of study; and\nc. Does not meet requirements for inclusion in the adjusted cohort\ngraduation rate under the federal Every Student Succeeds Act of\n2015, Pub. L. No. 114-95;\n(f) Taking and keeping a school census, and the forms, blanks, and software to be\nused in taking and keeping the census and in compiling the required reports.\nThe board shall create a statewide student identification numbering system\nbased on students' Social Security n umbers. The system shall provide a\nstudent identification number similar to, but distinct from, the Social Security\nnumber, for each student who does not have a Social Security number or\nwhose parents or guardians choose not to disclose the Social Security  number\nfor the student;\n(g) Sanitary and protective construction of public school buildings, toilets,\nphysical equipment of school grounds, school buildings, and classrooms. With\nrespect to physical standards of sanitary and protective construction for school\nbuildings, the Kentucky Board of Education shall adopt the Uniform State\nBuilding Code;\n(h) Medical inspection, physical and health education and recreation, and other\nregulations necessary or advisable for the protection of the physical welfare\nand safety of the public school children. The administrative regulations shall\nset requirements for student health standards to be met by all students in\ngrades four (4), eight (8), and twelve (12) pursuant to the outcomes described\nin KRS 158.6451. The adminis trative regulations shall permit a student who\nreceived a physical examination no more than six (6) months prior to his or\nher initial admission to Head Start to substitute that physical examination for\nthe physical examination required by the Kentucky Boa rd of Education of all\nstudents upon initial admission to the public schools, if the physical\nexamination given in the Head Start program meets all the requirements of the\nphysical examinations prescribed by the Kentucky Board of Education;\n(i) A vision ex amination by an optometrist or ophthalmologist that shall be\nrequired by the Kentucky Board of Education. The administrative regulations\nshall require evidence that a vision examination that meets the criteria\nprescribed by the Kentucky Board of Education has been performed. This\nevidence shall be submitted to the school no later than January 1 of the first\nyear that a three (3), four (4), five (5), or six (6) year -old child is enrolled in a\npublic school, public preschool, or Head Start program;\n(j) 1. A d ental screening or examination by a dentist, dental hygienist,\nphysician, registered nurse, advanced practice registered nurse, or\nphysician assistant that shall be required by the Kentucky Board of\nEducation. The administrative regulations shall require e vidence that a\ndental screening or examination that meets the criteria prescribed by the\nKentucky Board of Education has been performed. This evidence shall\nbe submitted to the school no later than January 1 of the first year that a\nfive (5) or six (6) year-old child is enrolled in a public school.\n2. A child shall be referred to a licensed dentist if a dental screening or\nexamination performed by anyone other than a licensed dentist identifies\nthe possibility of dental disease;\n(k) The transportation of children to and from school;\n(l) The fixing of holidays on which schools may be closed and special days to be\nobserved, and the pay of teachers during absence because of sickness or\nquarantine or when the schools are closed because of quarantine;\n(m) The pre paration of budgets and salary schedules for the several school\ndistricts under the management and control of the Kentucky Board of\nEducation;\n(n) A uniform series of forms and blanks, educational and financial, including\nforms of contracts, for use in the several school districts;\n(o) The disposal of real and personal property owned by local boards of\neducation; and\n(p) The development and implementation of procedures, for all students who are\nhomeless children and youths as defined in 42 U.S.C. sec. 11434 a(2), to do\nthe following:\n1. Awarding and accepting of credit, including partial credit, for all\ncoursework satisfactorily completed by a student while enrolled at\nanother school;\n2. Allowing a student who was previously enrolled in a course required for\ngraduation the opportunity, to the extent practicable, to complete the\ncourse, at no cost to the student, before the beginning of the next school\nyear;\n3. Awarding a diploma, at the student's reques t, by a district from which\nthe student transferred, if the student transfers schools at any time after\nthe completion of the student's second year of high school and the\nstudent is ineligible to graduate from the district to which the student\ntransfers, b ut meets the graduation requirements of the district from\nwhich the student transferred; and\n4. Exempting the student from all coursework and other requirements\nimposed by the local board of education that are in addition to the\nminimum requirements for hi gh school graduation established by the\nKentucky Board of Education pursuant to paragraph (d) of this\nsubsection in the district to which the student transfers, if the student\ntransfers schools at any time after the completion of the student's second\nyear of high school and the student is ineligible to graduate both from\nthe district to which the student transfers and the district from which the\nstudent transferred.\n(2) Any private, parochial, or church school may voluntarily comply with:\n(a) Curriculum, certification, and textbook standards established by the Kentucky\nBoard of Education; and\n(b) Employment standards established in KRS 160.151;\nand be certified upon application to the board by such schools.\n(3) (a) Any public school that violates the provis ions of KRS 158.854 shall be\nsubject to a penalty to be assessed by the commissioner of education as\nfollows:\n1. The first violation shall result in a fine of no less than one (1) week's\nrevenue from the sale of the competitive food;\n2. Subsequent violatio ns shall result in a fine of no less than one (1)\nmonth's revenue from the sale of the competitive food;\n3. \"Habitual violations,\" which means five (5) or more violations within a\nsix (6) month period, shall result in a six (6) month ban on competitive\nfood sales for the violating school; and\n4. Revenue collected as a result of the fines in this subsection shall be\ntransferred to the food service fund of the local school district.\n(b) Penalties under this subsection shall not be applicable to a student -based\nenterprise operating under KRS 158.854.","path":["KRS Chapter 156"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57189","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:59Z","sha256":"767b1df451fab82f922b14067dc6447b7a0ed5b6b3250293e4bcb2efed69a4be","source_id":"us-ky","stale":false,"prev":"us-ky/krs-156.154","next":"us-ky/krs-156.161"},"notice":"GroundRules: Original legal text. Not legal advice."}