HB 331 — AN ACT relating to removal of local school board members.
Last action — became law without Governor's Signature (Acts Ch. 144)
-
✓Introduced
-
✓In Committee
-
✓Passed House
-
✓Passed Senate
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced February 02, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
-
8 sponsors
8 primary, 0 co-sponsors signed on.
-
Single-party support
Sponsorship is currently within one party (6 R).
-
Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
680 added · 951 removed680 line(s) added, 951 removed.
UNOFFICIALCHAPTER COPY144 211 RSCHAPTER 144 ( HB 331/GA331 ) AN ACT relating to removal of local school board members.
(3) The Kentucky Board of Education may suspend a district superintendent of schools or other public school officer under subsection (2) of this section or remove him pursuant to subsection (5) of this section only if, after thirty (30) days of receipt of the written charges specified in subsection (1) of this section, the proper school Page 1 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA authorities having immediate jurisdiction, either the superintendent or the district board of education, have refused to act, have acted in bad faith, arbitrarily, or capriciously, or if a recommendation to the district board would have been futile.
If within ninety (90) days from the date Page 2 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA of suspension if applicable, the state board has not removed the officer, or has dismissed the charges, the suspended officer shall be reinstated and shall be paid his full salary for the period of suspension.
ACTS OF THE GENERAL ASSEMBLY (9) If a superintendent of schools is removed from office or resigns while charges are pending pursuant to this section after July 15, 1994, any continuing contract pursuant to KRS 161.720 to 161.810 shall be terminated.
Page 3 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA (1) The Kentucky Board of Education shall establish a program to improve specific aspects of the management of local school districts as described in KRS 158.780.
and Page 4 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA (c) State assistance or state management is necessary to correct the inefficiencies and ineffectiveness.
CHAPTER 144 3 (b) The[Any local school board member or the] local superintendent may be removed from office by the Kentucky Board of Education pursuant to KRS 156.132.
The chief state school officer shall provide to the reassigned Page 5 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA employee written reasons for the reassignment.
Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or Page 6 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA South American origin;
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 Page 7 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA goals set forth in KRS 158.6451 and district goals established by the board.
A parent ACTS OF THE GENERAL ASSEMBLY 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.
If the council Page 8 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA 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:
Matters relating to formation of school Page 9 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA councils that are not provided for by this section shall be addressed by local board policy;
CHAPTER 144 5 1.
The superintendent may forward to the school council the names of qualified applicants who have pending certification Page 10 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA 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.
Page 11 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA ii.
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 Page 12 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA council by the Kentucky Board of Education under subsection (9)(e) of this section;
ACTS OF THE GENERAL ASSEMBLY 5.
Determination of curriculum, including needs assessment, curriculum Page 13 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA development and responsibilities under KRS 158.6453(19);
The data shall include but not be limited to information on performance levels of all students tested, and Page 14 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA information on the performance of students disaggregated by race, gender, disability, and participation in the federal free and reduced price lunch program.
CHAPTER 144 7 (a) School budget and administration, including:
Page 15 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA (f) Cooperation and collaboration within the district, with other districts, and with other public and private agencies;
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) Page 16 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA days after the beginning of the service year for which they are elected to serve.
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-thirdstwo- thirds (2/3) of the faculty have agreed to the model.
ACTS OF THE GENERAL ASSEMBLY Included in the school council formula shall be an allocation for professional development that is at least Pagesixty- 17five of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA 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.
(e) Notwithstanding paragraph (d) of this subsection and KRS 7.410(2)(c), if the Page 18 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA state board determines a violation of the confidentiality requirements set forth in subsection (2)(h)2.
of this section shall Page 19 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA not violate provisions of any employer-employee bargained contract existing between the district and its employees.
CHAPTER 144 9 In the event of a merger of school districts, the limitations contained in this section shall be based upon the combined revenue of the merging districts, as computed under the provisions of this section.
Page 20 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA (b) The compensating tax rate as defined in KRS 132.010 for a district's general tax rate the amount of revenue expected to be produced;
(7) (a) Except as provided in subsections (9) and (10) of this section and KRS 157.440, a district board of education proposing to levy a general tax rate within the limits of subsection (1) of this section which exceed the Page 21 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA compensating tax rate defined in KRS 132.010 shall hold a public hearing to hear comments from the public regarding the proposed tax rate.
and ACTS OF THE GENERAL ASSEMBLY 8.
(c) In lieu of the two (2) published notices, a single notice containing the required information may be sent by first-class mail to each person owning real property, addressed to the property owner at his residence or principal place of Page 22 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA business as shown on the current year property tax roll.
The name, address, and telephone number of the county clerk of the Page 23 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA county or urban-county in which the school district is located, with a notation to the effect that that official can provide the necessary information about the petition required to initiate recall of the tax rate.
(1) A public charter school shall be part of the state's system of public education but shall be exempt from all statutes and administrative regulations applicable to the state board, a local school district, or a school, except the public charter school shall adhere to the same health, safety, civil rights, and disability rights requirements as Page 24 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA are applied to all public schools and to all requirements otherwise identified in KRS 160.1590 to 160.1599 and 161.141.
CHAPTER 144 11 (a) Be governed by a board of directors;
Page 25 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA (k) Comply with open records and open meeting requirements under KRS Chapter 61;
Page 26 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA 7.
ACTS OF THE GENERAL ASSEMBLY (4) For purposes of this subsection, a member of the board of directors of a public charter school shall be considered[ a board member under KRS 156.132 and] an officer under KRS 61.040 and shall be removed from office under the statute's provisions[ of those statutes].
(7) (a) For purposes of ensuring compliance with this section and the charter under which it operates, a public charter school shall be administered by a public charter school board of directors accountable to the authorizer in a manner agreed to in the charter contract, as negotiated between the public charter Page 27 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA school applicant and the authorizer.
and Page 28 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA (b) Require any education service provider contracted with the board to provide a monthly detailed budget to the board.
Show all 48 changed lines (8 more)
(b) Any entity contracted to provide educational services or goods to a public charter school in an amount exceeding ten thousand dollars ($10,000) shall be subject to the Open Records Act under KRS Chapter 61 for all records associated with the public charter school contract.
The Finance and Administration Cabinet shall annually publish a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by the state and CHAPTER 144 13 that may be suitable for the operation of a public charter school and shall provide the list to applicants for public charter schools and to existing public charter schools upon request.
(14) A public charter school shall be nonsectarian in its programs, admissions policies, employment practices, partnerships, and all other operations and shall not have entrance requirements or charge tuition or fees, except that a public charter school Page 29 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA may require the payment of fees on the same basis and to the same extent as other public schools.
Page 30 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA (b) A public charter school has no obligation to provide extracurricular activities or access to facilities for students enrolled in the public charter school.
(19) Nothing in this section shall be construed to prevent the establishment of a single-single-sex sex public charter school consistent with federal regulations or a public charter school designed to provide expanded learning opportunities for students at risk of academic failure or for students with special needs.
The denial of an amendment Page 31 of 32 HB033110.100 - 927 - XXXX GA UNOFFICIAL COPY 21 RS HB 331/GA request is appealable pursuant to KRS 160.1595.
ACTS OF THE GENERAL ASSEMBLY (22) A teacher employed by a local board of education under a continuing service contract and offered employment with a public charter school shall be granted a two (2) year leave of absence to teach in a public charter school.
PageBecame 32law ofwithout 32Governor's HB033110.100signature -March 92729, -2021. XXXX GA
Show all 48 changed rows (8 more)
Action History
-
became law without Governor's Signature (Acts Ch. 144)
-
delivered to Governor
-
enrolled, signed by President of the Senate
-
enrolled, signed by Speaker of the House
-
received in House
-
3rd reading, passed 30-6
-
posted for passage in the Regular Orders of the Day for Tuesday, March 16, 2021
-
reported favorably, to Rules
-
returned to Education (S)
-
2nd reading
-
taken from Education (S)
-
returned to Education (S)
-
1st reading
-
taken from Education (S)
-
to Education (S)
-
to Committee on Committees (S)
-
received in Senate
-
3rd reading, passed 92-3
-
posted for passage in the Regular Orders of the Day for Thursday, February 25, 2021
-
2nd reading, to Rules
-
reported favorably, 1st reading, to Calendar
-
posted in committee
-
to Education (H)
-
to Committee on Committees (H)
-
introduced in House
Sponsors
- Scott Lewis · Primary
- B. Reed · Primary
- Jennifer Decker · Primary
- Jim Gooch Jr. · Primary
- DJ Johnson · Primary
- C. Massey · Primary
- Nancy Tate · Primary
- James Tipton · Primary
Sponsorship breakdown
Export CSV (upgrade) →8 sponsors · 0 co-sponsors · 130 not signed on · 4 voted No
Sponsors (8)
- Scott Lewis Republican
- B. Reed
- Jennifer Decker Republican
- Jim Gooch Jr. Republican
- DJ Johnson Republican
- C. Massey
- Nancy Tate Republican
- James Tipton Republican
Co-sponsors (0)
None.
Not signed on (130)
130 members have not signed on to this bill.
Show all 130 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 3 | 0 | 2 |
| Republican | 16 | 1 | 0 | 0 |
| Democrat | 0 | 2 | 0 | 0 |
| Total | 30 | 6 | 0 | 2 |
| % of votes cast | 79% | 16% | 0% | 5% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Alvarado | — | Yea |
| Thayer | — | Yea |
| Buford | — | Yea |
| Hornback | — | Yea |
| Schickel | — | Yea |
| Turner | — | Yea |
| Schroder | — | Yea |
| Kerr | — | Yea |
| Smith | — | Yea |
| Westerfield | — | Yea |
| Castlen | — | Yea |
| Southworth | — | Yea |
| Embry | — | Yea |
| Meredith | — | Yea |
| Yates | — | Nay |
| McGarvey | — | Nay |
| Thomas | — | Nay |
| Parrett | — | Not Voting |
| Harper Angel | — | Not Voting |
| Gerald A. Neal | Democrat | Nay |
| Karen Berg | Democrat | Nay |
| Brandon J. Storm | Republican | Yea |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jason Nemes | 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 | Nay |
| Stephen West | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 51 | 0 | 0 | 1 |
| Unaffiliated | 35 | 2 | 0 | 4 |
| Democrat | 6 | 1 | 0 | 1 |
| Total | 92 | 3 | 0 | 6 |
| % of votes cast | 91% | 3% | 0% | 6% |
How each member voted (101)
| Member | Party | Vote |
|---|---|---|
| Fischer | — | Yea |
| Jenkins | — | Yea |
| Meredith | — | Yea |
| Santoro | — | Yea |
| Bechler | — | Yea |
| Scott | — | Yea |
| Bentley | — | Yea |
| Minter | — | Yea |
| Sheldon | — | Yea |
| Koenig | — | Yea |
| Smith | — | Yea |
| Goforth | — | Yea |
| Palumbo | — | Yea |
| Thomas | — | Yea |
| Graham | — | Yea |
| Pratt | — | Yea |
| Timoney | — | Yea |
| Prunty | — | Yea |
| Cantrell | — | Yea |
| Hatton | — | Yea |
| Massey | — | Yea |
| Raymond | — | Yea |
| Webber | — | Yea |
| Dixon | — | Yea |
| Heath | — | Yea |
| McCoy | — | Yea |
| Westrom | — | Yea |
| Wheatley | — | Yea |
| DuPlessis | — | Yea |
| Rowland | — | Yea |
| Donohue | — | Nay |
| Flood | — | Nay |
| Burch | — | Not Voting |
| Carney | — | Not Voting |
| Meeks | — | Not Voting |
| COMMONWEALTH OF KENTUCKY SENATE | — | Not Voting |
| Huff R | — | Yea |
| Kirk McCormick | — | Yea |
| Miller C | — | Yea |
| Miller J | — | Yea |
| Stevenson C | — | Yea |
| Al Gentry | Democrat | Yea |
| Ashley Tackett Laferty | Democrat | Yea |
| George Brown Jr. | Democrat | Nay |
| Lisa Willner | Democrat | Yea |
| Mary Lou Marzian | Democrat | Yea |
| Nima Kulkarni | Democrat | Yea |
| Pamela Stevenson | Democrat | Not Voting |
| Tina Bojanowski | Democrat | Yea |
| Aaron Reed | Republican | Yea |
| Adam Bowling | Republican | Yea |
| Bill Wesley | Republican | Yea |
| Bobby McCool | Republican | Yea |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Yea |
| DJ Johnson | Republican | Yea |
| Daniel Elliott | Republican | Yea |
| Daniel Fister | Republican | Yea |
| David Hale | Republican | Yea |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Deanna Gordon | Republican | Yea |
| Derek Lewis | Republican | Yea |
| Felicia Rabourn | Republican | Yea |
| James Tipton | Republican | Yea |
| Jason Nemes | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jennifer Decker | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Yea |
| Josh Branscum | Republican | Yea |
| Josh Bray | Republican | Yea |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim King | Republican | Yea |
| Kimberly Poore Moser | Republican | Yea |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Patrick Flannery | Republican | Yea |
| Randy Bridges | Republican | Yea |
| Richard White | Republican | Not Voting |
| Ryan Dotson | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Yea |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Yea |
| Shawn McPherson | Republican | Yea |
| Steve Bratcher | Republican | Yea |
| Steve Riley | Republican | Yea |
| Steven Rudy | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Yea |
| Thomas Huff | Republican | Yea |
| William Lawrence | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 331?
- HB 331 is sponsored by Scott Lewis (Republican), B. Reed, Jennifer Decker (Republican), Jim Gooch Jr. (Republican), DJ Johnson (Republican), C. Massey, Nancy Tate (Republican), and James Tipton (Republican).
- What is the current status of HB 331?
- This bill has been enacted into law. Introduced February 02, 2021. Enacted.
- Where can I track HB 331?
- Track HB 331 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 331
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 331
Last checked for changes 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →