160.345 Definitions -- Required adoption of school councils for school-based decision making -- Composition -- Responsibilities -- Professional development -- Exemption -- Formula for allocation of sc - Kentucky Statutes

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160.345 Definitions -- Required adoption of school councils for school-based decision making -- Composition -- Responsibilities -- 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 limited 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 goals 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 and 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 which 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 have 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 his or her 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. 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
consistent with district board policy 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. The 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 establishes 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 process
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 by 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 school council shall determine which textbooks, instructional materials, and student support services shall be provided in the school. 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 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 applicants submitted by the local superintendent, the
principal at the participating school shall select personnel to fill
vacancies, after consultation with the school council, consistent with
subsection (2)(i)10. of this section. The superintendent may forward to
the school council 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, the school council
shall select the new principal from among those persons recommended
by the local superintendent, except as provided in subparagraph 4. of
this paragraph. The superintendent shall provide additional applicants
upon request when qualified applicants are available. The school council
shall receive training in recruitment and interviewing techniques prior to
carrying out the process of selecting a principal. The council shall select
the trainer to deliver the training. 3. Personnel decisions made at the school level under the authority of
subparagraphs 1., 2., and 4. of this paragraph shall be binding on the
superintendent who completes the hiring process. 4. If the vacancy for the position of principal occurs in a school that has an
index score that places it in the lowest one-third (1/3) of all schools
below the assistance line and the school has completed a scholastic audit
under KRS 158.6455 that includes findings of lack of effectiveness of
the principal and school council, the superintendent shall appoint the
principal after consulting with the school council. 5. Applicants subsequently employed shall provide evidence that they are
certified prior to assuming the duties of a position in accordance with
KRS 161.020. The superintendent shall provide additional applicants
upon request when qualified applicants are available; (i) The school council shall adopt a policy to be implemented by the principal in the following additional areas:
1. Determination of curriculum, including needs assessment, curriculum
development and responsibilities under KRS 158.6453(7); 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; 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 programs and determination of policies
relating to student participation based on academic qualifications and
attendance requirements, program evaluation, and supervision; 9. Procedures, consistent with local school board policy, for determining
alignment with state standards, technology utilization, and program
appraisal; and 10. Procedures to assist the council with consultation in the selection 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 and program 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 on 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, shall
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 described 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 November 1 of each year.
If a school does not have a council, the review shall be completed 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: discretionary 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 requests 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 available 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) After July 13, 1990, any school in which two-thirds (2/3) of the faculty vote to implement school-based decision making shall do so. All schools shall implement
school-based decision making by July 1, 1996, 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. The 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 professional 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 process 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 Education 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 membership, 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 policy 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 Office 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, a member of a school council, or school board
member from office or grounds for dismissal of an employee for misconduct
in office or willful neglect of duty. (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 advisory 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 and 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. Effective: March 25, 2009
History: Amended 2009 Ky. Acts ch. 101, sec. 12, effective March 25, 2009. -- Amended 2008 Ky. Acts ch. 105, sec. 1, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 84, sec. 6, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 188,
sec. 4, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 81, sec. 1, effective
June 24, 2003. -- Amended 2002 Ky. Acts ch. 152, sec. 1, effective July 15, 2002;
and ch. 302, sec. 5, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 212,
sec. 1, effective July 14, 2000; ch. 339, sec. 2, effective July 14, 2000; ch. 418,
sec. 1, effective July 14, 2000; and ch. 527, sec. 14, effective July 14, 2000. --
Amended 1998 Ky. Acts ch. 493, sec. 14, effective April 10, 1998; and ch. 609,
sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 34, sec. 1, effective
July 15, 1996; ch. 74, sec. 1, effective July 15, 1996; ch. 146, sec. 1, effective July
15, 1996; ch. 318, sec. 52, effective July 15, 1996; and ch. 362, secs. 1 and 6,
effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 103, sec. 3, effective July 15,
1994; ch. 187, sec. 1, effective July 15, 1994; ch. 247, sec. 1, effective July 15, 1994;
ch. 411, sec. 1, effective July 15, 1994; and ch. 484, sec. 1, effective July 15, 1994. --
Amended 1992 Ky. Acts ch. 376, sec. 3, effective July 14, 1992; and ch. 393, sec. 3,
July 14, 1992. -- Created 1990 Ky. Acts ch. 476, Pt. I, sec. 14, effective July 13,
1990. Legislative Research Commission Note (7/15/96). This section was amended by 1996 Ky. Acts chs. 34, 74, 146, 318, and 362. Where these Acts are not in conflict, they
have been codified together. A conflict exists between Acts chs. 34 and 362. Under
KRS 446.250, Acts ch. 362, which was last enacted by the General Assembly,
prevails.