Kentucky 2020 Regular Session Status: Passed Senate

SB 7 — AN ACT relating to school councils.

Last action — returned to Local Government (H)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

314 added · 303 removed

314 line(s) added, 303 removed.

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UNOFFICIAL COPY 20 RS BR 1114 AN ACT relating to school councils.
UNOFFICIAL COPY 20 RS SB 7/GA AN ACT relating to school councils.
(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 Page 1 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 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.
(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 Page 1 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA 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.
(a) Except as provided in paragraph (b)2.
(a) Except as provided in paragraph (b)3.[2.] of this subsection and subsection (7) of this section, each participating school shall form a school council composed of three (3)[two (2)] parents, three (3) teachers, and the principal[ or administrator].
of this subsection and subsection (7) of this section, each participating school shall form a school council composed of two (2) parents, two (2)[three (3)] teachers, and the principal[ or administrator].
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 teacher representatives shall be elected for one (1) year terms by a majority of the teachers.
The parent members shall be elected by the parents of students preregistered to Page 2 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 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 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 Page 2 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA 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.
The school council shall have the responsibility to set school policy that 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 district Page 3 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 goals established by the board.
The school council shall have the responsibility to set school policy that 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 district Page 3 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA goals established by the board.
Subject to Page 4 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 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.
Subject to Page 4 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA 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 superintendent may forward to the principal[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.
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.
[a.
If the vacancy to be filled is the position of principal, the superintendent shall conduct the hiring process and, after consultation with the council, shall select someone to fill the principal vacancy;
i.
3.
]If the vacancy to be filled is the position of principal, the [outgoing principal shall not serve on the council during the principal selection process.
Notwithstanding subparagraph 2.
The ]superintendent shall conduct[or the superintendent's designee shall serve as the chair of the council for the purpose of] the hiring process and, after consultation with the school council, shall select someone to fill the principal vacancy;[have voting rights during the selection process.] Page 5 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 [ii.
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:
Except as provided in subdivision b.
Page 5 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA a.
of this subparagraph, the council shall have access to the applications of all persons certified for the position.
[i.
If the vacancy to be filled is the position of principal, ]The outgoing principal shall not serve on the council during the principal selection process.
The superintendent 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.[ii.][Except as provided in subdivision b.
of this subparagraph, ]The council shall have access to the applications of all persons certified for the position.
b.
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;
[b.
The superintendent shall convene the school council and move into closed session as provided in KRS 61.810(1)(f) to confidentially recommend a candidate;
The superintendent shall convene the school council and Page 6 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA move into closed session as provided in KRS 61.810(1)(f) to confidentially recommend a candidate;
If the recommended candidate is selected, and the recommended candidate accepts the offer, the name of the candidate shall be Page 6 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 made public during the next meeting in open session;
If the recommended candidate is selected, and the recommended candidate accepts the offer, the name of the candidate shall be made public during the next meeting in open session;
A school council member who is found to have disclosed confidential information regarding the proceeding of the closed session shall be subject to removal from the school council by the Kentucky Board of Education under subsection (9)(e) of this section;] 3.
A school council member who is found to have disclosed confidential information regarding the proceeding of the closed session shall be subject to removal from the school council by the Kentucky Board of Education under Page 7 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA subsection (9)(e) of this section;] 4.[3.]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;
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.[4.]Personnel decisions made at the school level under the authority of subparagraph[subparagraphs] 1.[ and 2.] of this paragraph shall be binding on the superintendent who completes the hiring process;
4.
6.[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;
Personnel decisions made at the school level under the authority of subparagraph[subparagraphs] 1.[ and 2.] of this paragraph shall be binding on the superintendent who completes the hiring process;
and 7.[6.]Notwithstanding other 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;[ and] [7.
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;
and Page 7 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 6.
Notwithstanding other 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;[ and 7.
2.
Page 8 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA 2.
Selection and implementation of discipline and classroom management techniques as a part of a comprehensive school safety plan, including Page 8 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 responsibilities of the student, parent, teacher, counselor, and principal;
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;
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.
The data shall include but not be limited to information on performance levels of all students tested, and information on the performance of students Page 9 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA disaggregated by race, gender, disability, and participation in the federal free and reduced price lunch program.
The Kentucky Department of Education shall provide each school council the data needed to complete the review required by this Page 9 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 paragraph no later than October 1 of each year.
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.
(e) Parent, citizen, and community participation including the relationship of the council with other groups;
(e) Parent, citizen, and community participation including the relationship of the Page 10 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA council with other groups;
and (i) Procedures[A process] for the local board of education to hear an appeal and initiate a review of decisions[appealing a decision] made by a school council.
and (i) A process for appealing a decision made by a school council.
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The Page 10 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 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.
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.
First-time 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.
First-time school council members [elected for the first time ]shall complete a minimum of six (6) Page 11 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA 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 training required under this subsection shall be Page 11 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 conducted by trainers endorsed by the Department of Education.
School council training required under this subsection shall be conducted by trainers endorsed by the Department of Education.
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.
Included in the school Page 12 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA 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.
(9) (a) No board member, superintendent of schools, district employee, or member of Page 12 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 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, and district goals established by the board, or to make decisions in areas of policy assigned to a school council pursuant to paragraph (i) of subsection (2) of this section.
(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, and district goals established by the board, or to make decisions in areas of policy assigned to a school council pursuant to paragraph (i) of subsection (2) of this section.
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.
A second violation of this subsection may be grounds for removing a superintendent, a member of a school council, or school board Page 13 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA member from office or grounds for dismissal of an employee for misconduct in office or willful neglect of duty.
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.] Page 13 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1114 (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 transferred to the superintendent[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.
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 transferred to the superintendent[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.
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 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 Page 14 of 15 SB000710.100 - 1114 - XXXX GA UNOFFICIAL COPY 20 RS SB 7/GA activity being provided.
of this section shall not violate provisions of any employer-employee bargained contract existing between the district and its employees.] Page 14 of 14 XXXX Jacketed
of this section shall not violate provisions of any employer-employee bargained contract existing between the district and its employees.] Page 15 of 15 SB000710.100 - 1114 - XXXX GA
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Action History

  1. returned to Local Government (H)

  2. 2nd reading

  3. taken from Local Government (H)

  4. posting waived

  5. reassigned to Local Government (H)

  6. 1st reading

  7. taken from Education (H)

  8. to Education (H)

  9. received in House

  10. 3rd reading, passed 20-15 with Committee Substitute (1)

  11. posted for passage in the Regular Orders of the Day for Thursday, February 6, 2020

  12. reported favorably, to Rules with Committee Substitute (1)

  13. returned to State & Local Government (S)

  14. 2nd reading

  15. taken from State & Local Government (S)

  16. to State & Local Government (S)

  17. returned to Committee on Committees (S)

  18. 1st reading

  19. taken from Committee on Committees (S)

  20. introduced in Senate

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on · 6 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS SB 7 W/ scs1

Passed 20 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 101102
Republican 10400
Democrat 0001
Total 201503
% of votes cast 53%39%0%8%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Nemes — Yea
Castlen — Yea
Hornback — Yea
Thayer — Yea
Robinson — Yea
Meredith — Yea
Schickel — Yea
Harris — Yea
Schroder — Yea
Buford — Nay
Embry — Nay
Parrett — Nay
Westerfield — Nay
Humphries — Nay
Thomas — Nay
Clark — Nay
McGarvey — Nay
Turner — Nay
Carroll D — Not Voting
Kerr — Not Voting
Harper Angel — Nay
Miller J — Nay
Gerald A. Neal Democrat Not Voting
Brandon Smith Republican Nay
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Nay
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Nay
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Nay
Stephen West Republican Yea

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Subjects

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Frequently asked questions

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This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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