Kentucky 2020 Regular Session Status: Enacted

SB 177 — AN ACT relating to education and declaring an emergency.

Last action — signed by Governor (Acts ch. 26)

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    To Executive
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    Enacted

This bill has been enacted into law. Introduced February 18, 2020. Enacted.

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UNOFFICIAL COPY 20 RS BR 33 AN ACT relating to beauty services.
UNOFFICIAL COPY 20 RS SB 177/EN AN ACT relating to education and declaring an emergency.
KRS 317A.010 is amended to read as follows:
(1) Notwithstanding KRS 158.070(9), for the 2019-2020 school year, a school district that has a nontraditional instruction plan approved by the commissioner of education may request approval for additional student attendance days under an emergency nontraditional instruction plan for when the district is closed due to the state of emergency declared by the Governor related to the novel coronavirus (COVID-19).
As used in this chapter, unless the context requires otherwise:
(2) Notwithstanding any other statute or administrative regulation to the contrary, a school district that does not have a nontraditional instruction plan approved by the commissioner of education for the 2019-2020 school year may submit a plan for the 2019-2020 school year for the use of nontraditional instructional days due to the state of emergency declared by the Governor related to COVID-19 in accordance with requirements established by the Kentucky Department of Education.
(1) "Beauty salon" means any establishment in which the practice of cosmetology is conducted for the general public or for consideration;
The plan and number of days shall be subject to approval of the commissioner of education.
(2) "Board" means the Kentucky Board of Cosmetology;
(3) The nontraditional instruction plan may include distance or virtual learning.
(3) [(a) "Blow drying services" means beautifying, cleaning, or arranging the hair of an individual for consideration only at a limited beauty salon.
(b) "Blow drying services" include any of the following services performed on an individual's hair:
1.
Arranging;
2.
Cleaning;
3.
Curling;
4.
Dressing;
5.
Blow drying;
and 6.
Performing any other similar procedure.
(c) "Blow drying services" do not include any service:
1.
Popularly known as a Brazilian blowout;
2.
That includes color services or that includes cutting, lightening, or chemically treating hair;
or 3.
That otherwise falls under the practice of cosmetology, except as authorized in paragraph (b) of this subsection;
(4) ]"Cosmetologist" means a person who engages in the practice of cosmetology for the public generally or for consideration, regardless of the name under which the practice is conducted;
(4)[(5)] "Cosmetology" means the practice upon the human neck and head of cutting Page 1 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 hair, permanent waving, or hairdressing, and may also include but is not limited to:
(a) Nail technology and finger waving;
(b) Giving facial and scalp massage or treatments with oils, creams, lotions, or other preparations, either by hand or any contrivance;
(c) Shaping, designing, shampooing, pressing, arranging, tinting, or lightening the hair, or applying hair products;
(d) Applying to the neck or head, cosmetics, lotions, powders, oils, clays, or other products;
(e) Facial hair removal;
and (f) Eyebrow shaping, design, or removal.
The practice of cosmetology does not include acts performed incident to treatment of an illness or a disease;
(5)[(6)] "Cosmetology school" or "school of cosmetology" means any operation, place, or establishment in or through which persons are trained or taught the practice of cosmetology, esthetic practices, and nail technology;
(6)[(7)] "Esthetician" means a person who is licensed by the board to engage in esthetic practices in the Commonwealth of Kentucky;
(7)[(8)] (a) "Esthetic practices" means one (1) or more of the following acts:
1.
Giving facials, including consultation and skin analysis;
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2.
Giving skin care;
3.
Removing facial hair;
4.
Beautifying or cleaning the body with the use of cosmetic preparations, antiseptics, tonics, lotions, creams;
or 5.
Providing preoperative and postoperative esthetic skin care, either referred by or supervised by a medical professional;
(b) Except when these acts are performed incident to:
1.
Treatment of an illness or a disease;
Page 2 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 2.
Work as a student in a board-approved school;
3.
Work without compensation from the person receiving the service;
or 4.
Work performed by a licensed massage therapist;
(8)[(9)] "Esthetic practices school" or "school of esthetic practices" means any operation, place, or establishment in or through which persons are trained in esthetic practices;
(9)[(10)] "Esthetic salon" means a place where an esthetician performs esthetic practices;
(10)[(11)] "Eyelash artistry" means the process of attaching semipermanent lashes or eyelash extensions to natural eyelashes;
(11)[(12)] "Limited beauty salon" means any establishment in which the practice of blow drying services only is conducted for the general public or for consideration;
(12)[(13)] (a) "Makeup artistry" means applying cosmetic products to the face and body.
(b) "Makeup artistry" includes:
1.
Corrective and camouflage techniques;
and 2.
Airbrushing.
(c) "Makeup artistry" does not include:
1.
Face painting at carnivals or fairs;
or 2.
Application of cosmetics when not done for consideration;
(13)[(14)] "Nail salon" means any establishment in which the practice of nail technology only is conducted for the general public or for consideration;
(14)[(15)] "Nail technician" means a person who practices nail technology for the general public or for consideration;
(15)[(16)] "Nail technology" means the practice of cutting, trimming, polishing, coloring, cleansing, applying artificial nails, or massaging, cleaning, treating, or beautifying the hands and feet of any human, for which a license is required by this Page 3 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 chapter;
(16)[(17)] "Nail technology school" or "school of nail technology" means any operation, place, or establishment in or through which persons are trained in nail technology;
(17)[(18)] (a) "Natural hair braiding" means a service of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with mechanical devices.
Natural hair braiding is commonly known as "African-style hair braiding" but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles.
(b) "Natural hair braiding" includes:
1.
The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, decorative beads, and other hair accessories;
2.
Minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair;
3.
The use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos;
and 4.
The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions.
(c) "Natural hair braiding" does not include:
1.
The application of dyes, reactive chemicals, or other preparation to alter the color of the hair or to straighten, curl, or alter the structure of the hair;
or 2.
The use of chemical hair joining agents such as synthetic tape, keratin bonds, or fusion bonds.
(d) For the purposes of this subsection, "mechanical devices" means clips, combs, curlers, curling irons, hairpins, rollers, scissors, needles, thread, and hair binders;[ and] (18) (a) "Shampoo and style services" means beautifying, cleaning, or arranging Page 4 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 the hair of an individual for consideration only at a limited beauty salon.
(b) "Shampoo and style services" include any of the following services performed on an individual's hair:
1.
Arranging;
2.
Cleaning;
3.
Curling;
4.
Dressing;
5.
Blow drying;
and 6.
Performing any other similar procedure.
(c) "Shampoo and style services" do not include any service:
1.
Popularly known as a Brazilian blowout;
2.
That includes color services or that includes cutting, lightening, or chemically treating hair;
or 3.
That otherwise falls under the practice of cosmetology, except as authorized in paragraph (b) of this subsection;
(19) "Stylist" means an individual licensed to perform shampoo and style services;
and (20)[(19)] "Threading" means the process of removing hair from below the eyebrow by use of a thread woven through the hair to be removed.
KRS 317A.050 is amended to read as follows:
(1) Notwithstanding any other statute or administrative regulation to the contrary, for the 2019-2020 school year, students shall receive a minimum of 1,062 instructional hours, less the amount of instructional time waived as provided in this section and any waiver provided in accordance with KRS 158.070(3)(f), in effect on the effective date of this Act, and 702 KAR 7:140.
(1) All applicants for licensure under this chapter shall meet the following minimum requirements:
(2) A school district may reach 1,062 instructional hours by adding time to the day.
(a) Be of good moral character and temperate habit;
A day shall not exceed seven hours of instructional time, unless the district submitted and received approval from the commissioner of education for an innovative alternative calendar.
(b) Be at least eighteen (18) years of age;
A school district may schedule instructional days on Saturdays.
(c) Have a high school diploma, a High School Equivalency Diploma, or results from the Test for Adult Basic Education indicating a score equivalent to the twelfth grade of high school;
A local board of education may submit a plan to the Department of Education demonstrating how 1,062 instructional hours will be completed, and the plan shall be Page 1 of 4 SB017720.100 - 33 - XXXX Engrossed UNOFFICIAL COPY 20 RS SB 177/EN approved.
and Page 5 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 (d) Have submitted the completed application along with the required license fee as set forth in administrative regulation.
(3) If a school district desires to complete 1,062 instructional hours by June 12, 2020, but is unable to under its current school calendar, the district shall request assistance from the commissioner of education by May 1, 2020, to determine a plan for maximizing instructional time to complete 1,062 instructional hours by June 12, 2020.
(2) Notwithstanding any provision to the contrary, the board may refuse to grant a license to any applicant who fails to comply with the provisions of this chapter or any administrative regulations promulgated by the board.
If the district presents compelling rationale that adding instructional time to the day would create logistical hardships, the commissioner shall not require adding time to the day as part of the district's plan.
(3) The board shall issue a cosmetologist license to any person who:
If, after providing planning assistance to the school district, the commissioner of education determines the school district has maximized instructional time but cannot complete 1,062 hours by June 12, 2020, the commissioner shall waive the remaining instructional hours required.
(a) Has official certification from the state board or agency that certifies cosmetology schools that the applicant has graduated from a licensed school of cosmetology requiring one thousand five hundred (1,500) hours within five (5) years of enrolling within the school;
(4) The Kentucky Department of Education shall make a report to the Interim Joint Committee on Education by October 30, 2020, on how school districts completed the 1,062 instructional hours.
and (b) Has satisfactorily passed an examination prescribed by the board to determine fitness to practice cosmetology.
(4) The board shall issue an esthetician license to any person who:
(a) Has satisfactorily completed seven hundred fifty (750) hours of instruction in a licensed school approved by the board;
and (b) Has received a satisfactory grade on an examination prescribed by the board to determine fitness to practice as an esthetician.
(5) The board shall issue a license to act as a nail technician to any person who:
(a) Has official certification from the state board or agency that certifies cosmetology schools that the applicant has completed satisfactorily a nail technician course of study of four hundred fifty (450) hours in a licensed school of cosmetology within five (5) years of submitting an application for licensure;
and (b) Has satisfactorily passed an examination prescribed by the board to determine fitness to practice as a nail technician.
(6) The board shall issue a license to operate a salon as follows:
(a) The board shall issue a license to operate a beauty salon to any licensed Page 6 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 cosmetologist.
An owner who is not a licensed cosmetologist shall have a licensed cosmetologist as manager of the beauty salon at all times.
If the owner, manager, or location of a beauty salon changes, the required form and fee shall be submitted to the board.
(b) The board shall issue a license to operate an esthetic salon to any licensed esthetician.
An owner who is not a licensed esthetician shall have a licensed esthetician or cosmetologist as manager of the esthetic salon at all times.
If the owner, manager, or location of an esthetic salon changes, the required form and fee shall be submitted to the board.
(c) The board shall issue a license to operate a nail salon to any licensed nail technician.
An owner who is not a licensed nail technician shall have a licensed nail technician or cosmetologist as manager of the nail salon at all times.
If the owner, manager, or location of a nail salon changes, the required form and fee shall be submitted to the board.
(7) The board shall issue an instructor training eligibility certificate[apprentice license] to train to be an instructor in[teach] cosmetology, esthetic practices, or nail technology to any person who:
(a) Has held a current cosmetologist, esthetician, or nail technician license for at least one (1) year;
and (b) Has submitted an application that has been signed by the owners of the school in which the applicant will study.
The course of instruction shall be for a period of seven hundred fifty (750) hours and not less than four and one-half (4.5) months at one (1) school providing this instruction.
The school owner shall verify to the board the completion of seven hundred fifty (750) hours.
For out-of-state verification, an applicant shall provide official certification from the board or agency that certifies schools in that other state of licensure verifying the applicant has completed a course of instruction consisting of at Page 7 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 least seven hundred fifty (750) hours and not less than four and one-half (4.5) months at one (1) school providing the instruction.
(8) The board shall issue a license to teach cosmetology to any person who:
(a) Has held a current cosmetologist license and apprentice instructor license for at least four and one-half (4.5) months;
and (b) Has satisfactorily passed the examination for the teaching of cosmetology as prescribed by the board.
(9) The board shall issue a license to teach esthetic practices to any person who:
(a) Has held a current esthetician license and apprentice instructor license for at least four and one-half (4.5) months;
(b) Has completed fifty (50) hours in esthetics training within the last two (2) years;
and (c) Has satisfactorily passed the examination for the teaching of esthetic practices as prescribed by the board.
(10) The board shall issue a license to teach nail technology to any person who:
(a) Has held a current nail technician license and apprentice instructor license for at least four and one-half (4.5) months;
(b) Has completed fifty (50) hours in nail technology training within the last two (2) years;
and (c) Has satisfactorily passed the examination for the teaching of nail technology as prescribed by the board.
(11) If the requirements of KRS 317A.090 have been satisfied, the board shall issue a license to operate a school of cosmetology or a school of esthetic practices or a school of nail technology to any person who:
(a) Has as manager at all times a person who is:
1.
Licensed as an instructor;
2.
Charged with the responsibility of ensuring that all applicable statutes Page 8 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 and administrative regulations are complied with;
and 3.
Responsible for having a sufficient number of licensed instructors of cosmetology or esthetic practices or nail technology to conduct the school;
(b) [Has been a resident of Kentucky for five (5) years, if the applicant is an individual.
If the applicant is a firm or corporation, it shall be a Kentucky corporation or licensed or qualified to do business in Kentucky and shall have been in existence for a period of at least five (5) years;
(c) ]Any student enrolling in the school shall pay the fee set forth in administrative regulation to the board before enrollment in the school shall be allowed;
and (c)[(d)] The transfer of any license to operate a school of cosmetology or esthetic practices or nail technology shall require the board's approval and shall become effective upon submitting the required form and fee to the board.
(12) (a) The board shall issue a license to provide shampoo and style[blow drying] services to any person who:
1.
[Is at least eighteen (18) years old;
2.
Has successfully completed a twelfth grade education or the equivalent;
3.
]Has passed an examination prescribed by the board to determine fitness to perform blow drying services;
2.[4.]Has completed at least three hundred (300)[four hundred fifty (450)] hours of instruction from a licensed school of cosmetology;
and 3.[5.]Has met any other reasonable criteria established in administrative regulations promulgated by the board.
(b) The board shall issue a license to operate a limited beauty salon to any person:
1.
Who is licensed to provide shampoo and style[blow drying] services or who employs at least one (1) person licensed to provide shampoo and Page 9 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 style[blow drying] services at the limited beauty salon;
and 2.
Whose limited beauty salon facility complies with standards established in administrative regulations promulgated by the board.
(13) Licenses established under this chapter shall be valid for a period of time to be established by the board through the promulgation of administrative regulations.
(14) Licenses and permits issued by the board may be renewed beginning July 1 through July 31 of each year.
(a) Any license shall automatically be renewed by the board:
1.
Upon submission and receipt of the application for renewal and the required annual license fee;
and 2.
If the application for renewal is otherwise in compliance with the provisions of this chapter and the administrative regulations of the board.
(b) Any license application postmarked after July 31 shall be considered expired, and the appropriate restoration fee as required by administrative regulation of the board shall apply.
(15) The requirements for a new license for any person whose license has expired for a period exceeding five (5) years shall be as follows:
(a) Cosmetologists shall retake and pass the practical examination only;
(b) Estheticians shall retake and pass both the practical and theory examination;
(c) Instructors of cosmetology or esthetic practices shall retake and pass both the practical and theory examination;
(d) Nail technicians shall retake and pass the practical and theory examination;
(e) Providers of shampoo and style[blow drying] services shall retake and pass both the practical and theory examination;
and (f) The appropriate restoration fee as set forth in administrative regulation of the board shall be required.
Page 10 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 (16) Guest artists or demonstrators appearing and demonstrating before persons other than licensed cosmetologists, estheticians, nail technicians, and providers of shampoo and style[blow drying] services shall apply for a permit that shall be in effect for ten (10) days.
Guest artists performing before a nonprofit, recognized professional cosmetologists', estheticians', or cosmetology school or shampoo and style[blow drying] services' or nail technicians' group shall apply for a permit, but shall not be required to pay the fee.
(17) The board shall issue a permit for threading and may promulgate administrative regulations that set out requirements for the practice of threading.
Threading shall be conducted in a licensed beauty salon or a facility with a permit to engage in threading, and the board may promulgate administrative regulations for facilities and the required sanitation standards.
The permit shall be valid for a period of one (1) year.
(18) The board shall issue a permit for eyelash artistry and may promulgate administrative regulations that set out the requirements for the practice of eyelash artistry.
Eyelash artistry shall be conducted in a licensed beauty salon or a facility with a permit to engage in eyelash artistry, and the board may promulgate administrative regulations for facilities and the required sanitation standards.
The permit shall be valid for a period of one (1) year.
(19) The board shall issue a permit for makeup artistry and may promulgate administrative regulations that set out requirements for the practice of makeup artistry and required sanitation standards.
The permit shall be valid for a period of one (1) year.
(20) (a) The board may issue a permit for temporary event services to a Kentucky- licensed cosmetologist, esthetician, stylist, or nail technician and shall promulgate administrative regulations that set out requirements for issuance of a temporary event services permit including:
Page 11 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 1.
Sanitation standards for the temporary event services placement;
2.
Criteria for events that qualify for issuance of a temporary event services permit;
3 Application requirements and fees;
and 4.
Any other requirements necessary to protect the public health and safety;
(b) The temporary event services permit shall be valid only for the specific dates and locations requested;
(c) No person other than a Kentucky-licensed cosmetologist, esthetician, stylist, or nail technician shall perform services at a temporary event services location, and no licensee shall perform services other than those authorized by his or her respective license pursuant to KRS 317A.020;
and (d) The Kentucky-licensed cosmetologist, esthetician, stylist, or nail technician holding a temporary event services permit shall be liable for any violation of this chapter or administrative regulations promulgated under this chapter that occur at the temporary event services location.
KRS 317A.090 is amended to read as follows:
Notwithstanding KRS 158.135 and 505 KAR 1:080, for the 2019- 2020 school year, an extended school calendar shall not be required for any program serving the educational needs of state agency children.
No license shall be issued or renewed by the board to any cosmetology school or school of esthetic practices or school of nail technology unless such school provides:
State agency children in a particular program shall receive the same minimum number of instructional hours provided to students generally by the applicable school district operating a particular state agency children program, less the amount of instructional time waived as provided in this section and any waiver provided in accordance with KRS 158.070(3)(f), in effect on the effective date of this Act, and 702 KAR 7:140.
(1) The name of the proposed school;
(2) A statement that the proposed school is authorized to operate educational programs beyond secondary education;
(3) As a prerequisite of graduation, a prescribed course of instruction of not less than one thousand five hundred (1,500) hours for a cosmetology school or seven hundred fifty (750) hours for a school of esthetic practices, or four hundred fifty (450) hours for a school of nail technology[, to be given within an uninterrupted period with not more than eight (8) hours nor less than four (4) hours of instruction a day, exclusive Page 12 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 of Sundays;
except that in the state area vocational schools, the required hours of instruction may be offered according to the schedule for other vocational classes in the school];
(4) Courses of instruction in histology of the hair, skin, nails, muscles, and nerves of the face and neck;
elementary chemistry with emphasis on sterilization, diseases of the skin, hair, and glands, and massaging and manipulating of the muscles of the upper body;
cutting, shaving, arranging, dressing, chemical treatment of the hair and such other courses as may be prescribed by administrative regulation of the board;
(5) Facilities, equipment, materials, and qualified instructors and apprentice instructors as may be required by administrative regulations of the board adopted pursuant to this chapter, but no cosmetology school or school of esthetic practices or school of nail technology shall have fewer than one (1) licensed instructor per twenty (20) students present for instruction;
(6) No cosmetology school or school of esthetic practices or school of nail technology, after being licensed for the first time, shall serve the public until one hundred fifty (150) hours of instruction has been taught;
and (7) In compliance with KRS 317A.070, the board may revoke or suspend any license issued by it if, in the judgment of the board, the school is not following the requirements as set out in this chapter or the school does not comply with the administrative regulations promulgated by the board in order to regulate the conduct of the school and in order to supervise the proper education of the students.
KRS 317A.155 is amended to read as follows:
Notwithstanding KRS 161.152 and any other statute or administrative regulation to the contrary, during the 2019-2020 school year, a local board of education shall allow emergency leave to any full-time or part-time classified or certified employee if the local board determines it is necessary in relation to the COVID- 19 public health emergency.
(1) As used in this section, "funeral establishment" means funeral establishment as defined in KRS 316.010.
A local board shall waive any requirement under local policy Page 2 of 4 SB017720.100 - 33 - XXXX Engrossed UNOFFICIAL COPY 20 RS SB 177/EN for an employee to file a personal affidavit in order to take emergency leave allowed pursuant to this section.
(2) Every person practicing as a cosmetologist, esthetician, stylist, or nail technician,[ with the exception of a nail technician or cosmetologist exclusively practicing manicuring in a licensed barber shop,] shall practice in an establishment licensed by Page 13 of 14 BR003300.100 - 33 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 33 the board.
Section 5.
(3) Notwithstanding subsection (2) of this section, persons holding an active license from the board as a cosmetologist, esthetician, stylist, or nail technician and who practice in salons licensed by the board shall be permitted to render services outside of an establishment licensed by the board for pay, free, or otherwise, to:
For the 2019-2020 school year, the Kentucky Department of Education is hereby directed to seek any waivers from any federal government agency that may be necessary to allow for school districts to be reimbursed under the federal Richard B.
(a) A person suffering from a terminal illness and who is receiving the services of a hospice program either at home or at a hospice inpatient unit;[ or] (b) A person who is deceased and in the care of a funeral establishment;
Russell National School Lunch Act for any meals and meal supplements that may be prepared and served by the district, including but not limited to waivers allowing service in non-congregate settings and reducing the mandatory wait times between serving meals, during any time that a district is closed to students in relation to the COVID-19 public health emergency.
or (c) A person suffering from a medical condition, as attested by a physician in writing, which limits physical mobility to such an extent that it would impose an undue burden on that person to attempt to travel to an establishment licensed by the board.
All school districts are encouraged to maximize opportunities that may be granted through any waivers regarding food service and the COVID-19 public health emergency to address food insecurity issues of students in the districts.
(4) Cosmetologists, estheticians, stylists, and nail technicians who render services authorized in subsection (3) of this section shall have the permission of the owner or administrator of the establishment where the services are rendered and the permission of the person, or his or her legal representative, upon whom services will be rendered.
Section 6.
Page 14 of 14 BR003300.100 - 33 - XXXX Jacketed
Notwithstanding any other statute or regulation to the contrary, for the 2019-2020 school year, the Kentucky Board of Education may waive requirements of the statewide assessment and accountability system in accordance with any federal waiver regarding those requirements that the Kentucky Department of Education receives due to the COVID-19 public health emergency.
Section 7.
For the 2019-2020 school year, the Kentucky Department of Education is hereby directed to seek and utilize any waivers from any federal government agency involving requirements of the Individuals with Disabilities Education Act, 20 U.S.C.
secs.
21 1400 et.
seq.
that may be necessary to allow flexibility needed for school districts due to the COVID-19 public health emergency.
Section 8.
Notwithstanding KRS 156.557 and 704 KAR 3:370, for the 2019- 2020 school year, a local board of education may revise the district's certified evaluation plan due to the COVID-19 public health emergency.
Section 9.
Notwithstanding KRS 159.035, for the 2019-2020 school year, a Page 3 of 4 SB017720.100 - 33 - XXXX Engrossed UNOFFICIAL COPY 20 RS SB 177/EN principal may award the number of educational enhancement opportunity days needed by a graduating student to meet military service or postsecondary education enrollment obligations that occur prior to the last day of school due to the COVID-19 public health emergency.
Section 10.
Notwithstanding KRS 161.011, KRS 161.750, and KRS 161.760, or any other statute or administrative regulation to the contrary, written notices required to be provided to classified and certified school district employees regarding salary or nonrenewal of contracts may be delivered via regular mail or via email to the email address on record in the school district.
Section 11.
Notwithstanding any other statute or regulation to the contrary, for school year 2019-2020, school districts may, when submitting the Superintendent's Annual Attendance Report, substitute attendance data for school year 2018-2019 for attendance data for school year 2019-2020.
If a school district submits data for school year 2018-2019, this data shall be utilized to calculate the average daily attendance that will be used in calculating Support Education Excellence in Kentucky funds and any other state funding based in whole or in part on average daily attendance for the district.
Section 12.
Whereas the Commonwealth of Kentucky is in a state of emergency due to the COVID-19 public health crisis, which is having immediate and significant impacts on public schools, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law, and the provisions of this Act shall be retroactive to March 6, 2020.
Page 4 of 4 SB017720.100 - 33 - XXXX Engrossed
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Action History

  1. signed by Governor (Acts ch. 26)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. passed 30-0

  6. Senate concurred in House floor amendments (3) and (4-title)

  7. posted for passage for concurrence in House floor amendments (3) and (4-title)

  8. received in Senate

  9. 3rd reading, passed 84-0 with floor amendments (3) and (4-title)

  10. posted for passage in the Regular Orders of the Day for Thursday, March 19, 2020

  11. floor amendments (3) and (4-title) filed

  12. floor amendments (1) and (2-title) filed

  13. reported favorably, 2nd reading, to Rules

  14. posting waived

  15. returned to Licensing, Occupations, & Admin Regs (H)

  16. 1st reading

  17. taken from Licensing, Occupations, & Admin Regs (H)

  18. to Licensing, Occupations, & Admin Regs (H)

  19. received in House

  20. 3rd reading, passed 35-0

  21. posted for passage in the Consent Orders of the Day for Monday, March 9, 2020

  22. 2nd reading, to Rules

  23. reported favorably, 1st reading, to Consent Calendar

  24. to Licensing, Occupations, & Administrative Regulations (S)

  25. introduced in Senate

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

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

Suspend the Rules

Passed 84 Yea · 0 Nay · 16 Other
Party YeaNayPresentNot Voting
Republican 30001
Unaffiliated 480014
Democrat 6001
Total 840016
% of votes cast 84%0%0%16%
How each member voted (100)
Member Party Vote
Frazier — Yea
Scott — Yea
Bechler — Yea
Huff T — Yea
Sheldon — Yea
Bentley — Yea
Jenkins — Yea
Minter — Yea
Sorolis — Yea
Glenn — Yea
Nemes — Yea
Stone — Yea
Booker — Yea
Goforth — Yea
Koenig — Yea
Branham Clark — Yea
Graham — Yea
Lee — Yea
Pratt — Yea
Thomas — Yea
Graviss — Yea
Lewis D — Yea
Prunty — Yea
Brenda — Yea
Lewis S — Yea
Harris — Yea
Webber — Yea
Brown G — Yea
Massey — Yea
Wheatley — Yea
Cantrell — Yea
Hatton — Yea
Rothenburger — Yea
Heath — Yea
McCoy — Yea
Rowland — Yea
Wiederstein — Yea
DuPlessis — Yea
Hinkle — Yea
Meredith — Yea
Santoro — Yea
Yates — Yea
Fischer — Yea
Howard — Yea
Meyer — Yea
Schamore — Yea
Burch — Not Voting
Flood — Not Voting
Meeks — Not Voting
Rand — Not Voting
Stewart — Not Voting
Carney — Not Voting
Hoover — Not Voting
Raymond — Not Voting
Turner — Not Voting
Donohue — Not Voting
Palumbo — Not Voting
Sims — Not Voting
Westrom — Not Voting
Huff R — Yea
Miller C — Not Voting
Miller J — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Not Voting
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea

Official roll call →

Pass

Passed 84 Yea · 0 Nay · 16 Other
Party YeaNayPresentNot Voting
Republican 30001
Unaffiliated 480014
Democrat 6001
Total 840016
% of votes cast 84%0%0%16%
How each member voted (100)
Member Party Vote
Frazier — Yea
Scott — Yea
Bechler — Yea
Huff T — Yea
Sheldon — Yea
Bentley — Yea
Jenkins — Yea
Minter — Yea
Sorolis — Yea
Glenn — Yea
Nemes — Yea
Stone — Yea
Booker — Yea
Goforth — Yea
Koenig — Yea
Branham Clark — Yea
Graham — Yea
Lee — Yea
Pratt — Yea
Thomas — Yea
Graviss — Yea
Lewis D — Yea
Prunty — Yea
Brenda — Yea
Lewis S — Yea
Harris — Yea
Webber — Yea
Brown G — Yea
Massey — Yea
Wheatley — Yea
Cantrell — Yea
Hatton — Yea
Rothenburger — Yea
Heath — Yea
McCoy — Yea
Rowland — Yea
Wiederstein — Yea
DuPlessis — Yea
Hinkle — Yea
Meredith — Yea
Santoro — Yea
Yates — Yea
Fischer — Yea
Howard — Yea
Meyer — Yea
Schamore — Yea
Burch — Not Voting
Flood — Not Voting
Meeks — Not Voting
Rand — Not Voting
Stewart — Not Voting
Carney — Not Voting
Hoover — Not Voting
Raymond — Not Voting
Turner — Not Voting
Donohue — Not Voting
Palumbo — Not Voting
Sims — Not Voting
Westrom — Not Voting
Huff R — Yea
Miller C — Not Voting
Miller J — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Not Voting
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea

Official roll call →

PASS SB 177 W/ hfa3, hfta4, FINAL PASSAGE

Passed 30 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 16007
Republican 14000
Democrat 0001
Total 30008
% of votes cast 79%0%0%21%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Robinson — Yea
Turner — Yea
Buford — Yea
Humphries — Yea
Schickel — Yea
Schroder — Yea
Carroll D — Yea
McGarvey — Yea
Westerfield — Yea
Castlen — Yea
Meredith — Yea
Thayer — Yea
Nemes — Yea
Thomas — Yea
Harris — Yea
Embry — Not Voting
Hornback — Not Voting
Clark — Not Voting
Kerr — Not Voting
Parrett — Not Voting
Harper Angel — Not Voting
Miller J — Not Voting
Gerald A. Neal Democrat Not Voting
Brandon Smith Republican Yea
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

PASS SB 177

Passed 35 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 21002
Democrat 1000
Republican 13001
Total 35003
% of votes cast 92%0%0%8%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Harris — Yea
Thomas — Yea
Buford — Yea
Nemes — Yea
Turner — Yea
Hornback — Yea
Parrett — Yea
Carroll D — Yea
Humphries — Yea
Castlen — Yea
Kerr — Yea
Robinson — Yea
Westerfield — Yea
Embry — Yea
Schickel — Yea
McGarvey — Yea
Schroder — Yea
Meredith — Yea
Thayer — Yea
Clark — Not Voting
Harper Angel — Yea
Miller J — Not Voting
Gerald A. Neal Democrat Yea
Brandon Smith Republican Not Voting
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

education
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