Kentucky 2021 Special Session Status: Enacted Bipartisan · 13 D · 5 R cosponsors

SB 1 — AN ACT relating to the delivery of education and care for children and declaring an emergency.

Last action — delivered to Secretary of State (Acts Ch. 4)

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

This bill has been enacted into law. Introduced September 07, 2021. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 29 sponsors

    29 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (13 D · 5 R) — cross-party backing.

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

186 added · 256 removed

186 line(s) added, 256 removed.

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UNOFFICIAL COPY 21 SS SB 1/VO AN ACT relating to the delivery of education and care for children and declaring an emergency.
CHAPTER 4 1 CHAPTER 4 ( SB 1 ) AN ACT relating to the delivery of education and care for children and declaring an emergency.
(3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on the effective date of this Act and concluding on June 1, 2023.
(3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative bodyshall be prohibitedfrom promulgatingan administrativeregulationthat is identicalto, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on the effective date of this Act and concluding on June 1, 2023.
(1) The General Assembly finds that 702 KAR 1:195E, Face Coverings in School Facilities, was found deficient but remained effective notwithstanding the finding Page 1 of 9 SB000190.100 - 10 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 1/VO of deficiency pursuant to KRS 13A.330, on or after August 17, 2021, and before the effective date of this Act, as evidenced by records of the Legislative Research Commission.
(1) The General Assembly finds that 702 KAR 1:195E, Face Coverings in School Facilities, was found deficient but remained effective notwithstanding the finding of deficiency pursuant to KRS 13A.330, on or after August 17, 2021, and before the effective date of this Act, as evidenced by records of the Legislative Research Commission.
(3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative body shall be prohibited from promulgating an administrative regulation that is identical to, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on the effective date of this Act and concluding on June 1, 2023.
(3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative bodyshall be prohibitedfrom promulgatingan administrativeregulationthat is identicalto, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on the effective date of this Act and concluding on June 1, 2023.
Each school district shall submit its COVID-19 school operations plan, and any subsequent versions, to the Kentucky Department of Education (KDE) for informational purposes and shall make the plan available on the district's website.
Each school district shall submit its COVID-19 school operations plan, and any subsequent versions, to the Kentucky Department of Education (KDE) for informational purposes and shallmake the plan available on the district's website.
(2) The model plan shall include, as an alternative to quarantining, an on-site Page 2 of 9 SB000190.100 - 10 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 1/VO testing option that allows non-symptomatic students with school-related COVID-19 exposures to remain at school by testing negative for COVID-19 for a certain number of days following exposure.
(2) The model plan shall include, as an alternative to quarantining, an on-site testing option that allows non-symptomatic students with school-related COVID-19 exposures to remain at school by testing negative for COVID-19 for a certain number of days following exposure.
(3) A school district's local health department shall provide assistance in implementing a school district's test-to-stay plan, or any other local school board- approved COVID-19 plan for masking, contact tracing, and quarantining, including the location and procurement of resources.
(3) A school district's local health department shall provide assistance in implementing a school district's test-to-stay plan, or any other local school board-approved COVID-19 plan for masking, contact tracing, and quarantining, including the location and procurement of resources.
The Department for Public Health shall provide support to the local health departments in assisting the school districts.
The Department for Public Health shall provide support to the localhealth departments in assisting the schooldistricts.
Section 5.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Section 5.
(1) Notwithstanding any other statute or administrative regulation to the contrary, a school district may temporarily assign students at the school, grade, classroom, or student group level to remote instruction due to significant absences of students or staff related to the COVID-19 pandemic until December 31, 2021.
(1) Notwithstanding any other statute or administrative regulation to the contrary, a school district may temporarily assign students at the school, grade, classroom, or student group levelto remote instruction due to significant absences of students or staff related to the COVID-19 pandemic until December 31, 2021.
(3) Remote instruction may be provided to a particular school, grade, classroom, or group of students up to 20 days under this section.
(3) Remote instruction may be provided to a particular school, grade, classroom, or group of students up to days under this section.
No school district shall utilize remote instruction under this section for more than 20 days.
No school district shallutilize remote instruction under this section for more than 20days.
A school district shall not temporarily assign every student in the district to remote instruction under this section, unless all students in the school district are located in a single school facility.
A school district shall not temporarily assign every student in the district to remote instruction under this section, unless allstudents in the schooldistrict are located in a single schoolfacility.
(4) Students temporarily assigned to remote instruction shall receive at least the minimum daily instruction required pursuant to KRS 158.060, which shall include the content standards as provided in the Kentucky Academic Standards.
(4) Students temporarily assigned to remote instruction shall receive at least the minimumdaily instruction required pursuant to KRS 158.060, which shall include the content standards as provided in the Kentucky Academic Standards.
(5) Remote instruction provided under this section shall not be counted against Page 3 of 9 SB000190.100 - 10 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 1/VO student attendance days authorized under a school district's approved nontraditional instruction plan.
(5) Remote instruction provided under this section shall not be counted against student attendance days authorized under a schooldistrict's approved nontraditionalinstruction plan.
(1) Notwithstanding any statute or administrative regulation to the contrary, for school year 2021-2022, school districts may, when submitting the Superintendent's Annual Attendance Report, substitute attendance data for school year 2018-2019 or for school year 2019-2020 for attendance data for school year 2021-2022.
(1) Notwithstanding any statute or administrative regulation to the contrary, for school year 2021-2022, school districts may, when submitting the Superintendent's Annual Attendance Report, substitute attendance data for school year 2018-2019 or for school year 2019-2020 for attendance data for school year 2021- 2022.
(2) Current year data shall be used for property assessments per KRS 160.470(5), district tax rates levied, equivalent tax rates based on tax levies, exceptional and limited English proficiency student counts, and state equalization.
(2) Current year data shall be used for property assessments per KRS 160.470(5), district taxrates levied, equivalent tax rates based on tax levies, exceptional and limited English proficiency student counts, and state equalization.
(4) It is the intent of the General Assembly to enact legislation in the 2022 General Session to address the adjustment of SEEK calculations related to attendance growth over prior school years.
(4) It is the intent of the General Assembly to enact legislation in the 2022 General Session to address the adjustment of SEEK calculations related to attendance growth over prior schoolyears.
(1) Notwithstanding the requirements of KRS 161.100, 16 KAR 2:030, and any other statute or administrative regulation to the contrary, for the 2021- Page 4 of 9 SB000190.100 - 10 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 1/VO 2022 school year, a local school district may employ individuals to serve as short- or long-term substitute teachers under the requirements of this subsection.
(1) Notwithstanding the requirements of KRS 161.100, 16 KAR 2:030, and any other statute or administrative regulation to the contrary, for the 2021-2022 school year, a local school district may employ individuals toserve as short- or long-term substituteteachers underthe requirements of this subsection.
or (b) A high school diploma or equivalent and 4 years of occupational experience related to education, childcare, or the subject area to be taught.
or (b) A high school diploma or equivalent and 4years of occupationalexperience related to education, childcare, or the subject area to be taught.
(3) Notwithstanding any other statute or administrative regulation to the contrary, for the 2021-2022 school year, classified staff employed by the school district as of the effective date of this Act may perform classroom instructional activities without direct supervision by certified staff.
(3) Notwithstanding any other statute or administrative regulation to the contrary, for the 2021-2022school year, classified staff employed by the school district as of the effective date of this Act may perform classroom instructionalactivities without direct supervision by certified staff.
(4) Notwithstanding the requirement that instruction be provided by a certified teacher in KRS 158.033 and any other statute or administrative regulation to the contrary, for the 2021-2022 school year, home or hospital instruction may be provided by classified staff employed by the school district as of the effective date of this Act.
CHAPTER 4 3 (4) Notwithstanding the requirement that instruction be provided by a certified teacher in KRS 158.033and any other statute or administrative regulation to the contrary, for the 2021-2022 school year, home or hospital instruction may be provided by classified staff employed by the schooldistrict as of the effective date of this Act.
(5) For the 2021-2022 school year, compliance background checks under KRS 160.380 are required, except, notwithstanding KRS 160.380(7)(a), a superintendent may employ all individuals on probationary status upon receiving a preliminary background check conducted by the Administrative Office of the Courts, provided the background checks required under KRS 160.380 have been requested by the date the probationary Page 5 of 9 SB000190.100 - 10 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 1/VO employment begins.
(5) For the 2021-2022 school year, compliance background checks under KRS 160.380 are required, except, notwithstanding KRS 160.380(7)(a), a superintendent may employ all individuals on probationary status upon receiving a preliminary background check conducted by the Administrative Office of the Courts, provided the background checks required under KRS 160.380 have been requested by the date the probationary employment begins.
(6) The Department of Kentucky State Police and the Cabinet for Health and Family Services shall prioritize the completion of school district employee application background checks under KRS 160.380 for the 2021-2022 school year.
(6) The Department of Kentucky State Police and the Cabinet for Health and Family Services shall prioritize the completion of school district employee application background checks under KRS 160.380 for the 2021-2022 schoolyear.
(a) The separation of service required shall be a bona fide separation of at least one month for retirees returning to work in a full-time, part-time, or substitute teaching position with a local board of education.
(a) The separation of service required shall be a bona fide separation of at least one month for retirees returning to work in a full-time, part-time, or substitute teaching position with a localboard of education.
and (c) Other than the temporary adjustments provided in this subsection, all other provisions of KRS 161.220 to 161.716 and 161.990 shall apply.
and (c) Other than the temporary adjustments provided in this subsection, all other provisions of KRS 161.220 to 161.716 and 161.990 shallapply.
Upon expiration of these temporary provisions, any future reemployment or Page 6 of 9 SB000190.100 - 10 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 1/VO ongoing reemployment of retirees subject to the provisions of subsection (1) of this section shall, for such future or ongoing reemployment occurring after January 15, 2022, be subject to KRS 161.605, including the existing limitations on the critical shortage program, except that a retiree who is reemployed according to the provisions of subsection (1) of this section shall not be required to observe any additional separation of service beyond the one month specified by subsection (1)(a) of this section if he or she remains employed or is reemployed on or after January 15, 2022.
Upon expiration of these temporary provisions, any future reemployment or ongoing reemployment of retirees subject to the provisions of subsection (1) of this section shall, for such future or ongoing reemployment occurring after January 15, 2022, be subject to KRS 161.605, including the existing limitations on the critical shortage program, except that a retiree who is reemployed according to the provisions of subsection (1) of this section shall not be required to observe any additional separation of service beyond the one month specified by subsection (1)(a) of this section if he or she remains employed or is reemployed on or after January 15, 2022.
(3) Additional costs incurred to school districts under this section for the hiring of critical shortage teachers to meet the educational challenges of the COVID-19 pandemic are deemed a qualified expense by the General Assembly for purposes of utilizing federal pandemic funds and shall be authorized for use by school districts for this purpose unless in conflict with federal law.
(3) Additional costs incurred to schooldistricts under this section for the hiring of criticalshortage teachers to meet the educational challenges of the COVID-19 pandemic are deemed a qualified expense by the General Assembly for purposes of utilizing federal pandemic funds and shall be authorized for use by schooldistricts for this purpose unless in conflict with federal law.
(4) Any provision of subsection (1) and (2) of this section in conflict with federal law as determined by the system shall be void.
(4) Any provision of subsection (1) and (2) of this section in conflict with federallaw as determined by the systemshallbe void.
The school districts shall be notified of any provision in conflict that is voided.
The schooldistricts shallbe notified of any provision in conflict that is voided.
and (b) Other than the temporary adjustments provided in this subsection, all other Page 7 of 9 SB000190.100 - 10 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 1/VO provisions of KRS 61.510 to 61.705 and 78.510 to 78.852 shall apply.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Other than the temporary adjustments provided in this subsection, allother provisions of KRS 61.510to 61.705 and 78.510 to 78.852 shall apply.
Upon expiration of these temporary provisions, any future reemployment or ongoing reemployment of retirees hired under the provisions of subsection (1) of this section shall, for such future or ongoing reemployment occurring after January 15, 2022, be subject to KRS 61.637 or 78.5540, as applicable, except that a retiree who is reemployed according to the provisions of subsection (1) of this section shall not be required to observe any additional separation of service beyond the one month specified by subsection (1)(a) of this section if he or she remains employed or is reemployed on or after January 15, 2022.
Upon expiration of these temporary provisions, any future reemployment or ongoing reemployment of retirees hired under the provisions of subsection (1) of this section shall, for such future or ongoing reemployment occu rring after January 15, 2022, be subject to KRS 61.637 or 78.5540, as applicable, except that a retiree who is reemployed according to the provisions of subsection (1) of this section shall not be required to observe any additional separation of service beyond the one month specified by subsection (1)(a) of this section if he or she remains employed or is reemployed on or after January 15, 2022.
The school districts shall be notified of any provision in conflict that is voided.
The schooldistricts shallbe notified of any provision in conflict that is voided.
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.
A day shall not exceed seven hours of instructional time, unless the district s ubmitted and received approval from the commissioner of education for an innovative alternative calendar.
(4) Notwithstanding any other statute or administrative regulation to the contrary, Page 8 of 9 SB000190.100 - 10 - XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 1/VO school district certified and classified personnel shall complete all contract days by participating in instructional activities or professional development or by being assigned additional work responsibilities.
(4) Notwithstanding any other statute or administrative regulation to the contrary, school district certified and classified personnel shall complete all contract days by participating in instructional activities or professional development or by being assigned additional work responsibilities.
(5) If a local board of education seeks to revise its school calendar under this section, the board shall submit a plan to the Kentucky Department of Education (KDE) demonstrating how 1,062 instructional hours will be completed for approval.
(5) If a local boardof educationseeks to revise its schoolcalendar under this section, the board shall submit a plan to the Kentucky Department of Education (KDE) demonstrating how 1,062 instructional hours will be completed for approval.
(6) KDE shall make a report to the Interim Joint Committee on Education by November 1, 2022, on how school districts with revised school calendars under this section completed the 1,062 hours.
(6) KDE shall make a report to the Interim Joint Committee on Education by November 1, 2022, on how schooldistricts with revised schoolcalendars under this section completed the 1,062 hours.
Page 9 of 9 SB000190.100 - 10 - XXXX Vetoed and Overriden
Veto overidden September 9, 2021.
View plain text versions (3)

Action History

  1. delivered to Secretary of State (Acts Ch. 4)

  2. enrolled, signed by Speaker of the House

  3. enrolled, signed by President of the Senate

  4. received in Senate

  5. Bill passed 69-24

  6. veto overridden

  7. posted for passage for consideration of Governor's veto

  8. received in House

  9. Bill passed 21-6

  10. veto overridden

  11. posted for passage for consideration of Governor's veto

  12. received in Senate

  13. Vetoed

  14. delivered to Governor

  15. enrolled, signed by Speaker of the House

  16. enrolled, signed by President of the Senate

  17. received in Senate

  18. passed 70-25

  19. 2nd and 3rd readings dispensed with

  20. placed in the Orders of the Day

  21. floor amendments (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) and (12) filed

  22. substituted for identical House Bill 1

  23. reported favorably, 1st reading, to Calendar

  24. to Education (H)

  25. to Committee on Committees (H)

  26. received in House

  27. passed 28-8 with Committee Substitute (1)

  28. floor amendments (1) (2) (3) (4) (5) (6) and (7) ruled out of order

  29. 3rd reading

  30. posted for passage in the Regular Orders of the Day for Thursday, September 9, 2021

  31. floor amendments (8) (9) (10) (11) (12) (13) (14) (15) and (16) filed to Committee Substitute

  32. reported favorably, to Rules with Committee Substitute

  33. recommitted to Education (S)

  34. floor amendments (4), (5), (6), and (7) filed

  35. returned to Rules

  36. 2nd reading

  37. taken from Rules (S)

  38. floor amendments (1), (2), and (3) filed

  39. reported favorably, to Rules

  40. returned to Education (S)

  41. 1st reading

  42. taken from Education (S)

  43. to Education (S)

  44. to Committee on Committees (S)

  45. introduced in Senate

Sponsors

Sponsorship breakdown

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29 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (29)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

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"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

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Frequently asked questions

Who sponsors SB 1?
SB 1 is sponsored by Max Wise (Republican), M. Castlen, Reginald L. Thomas (Democrat), A. Southworth, Danny Carroll (Republican), Stephen Meredith (Republican), M. McGarvey, Gerald A. Neal (Democrat), C. Stevenson, Tina Bojanowski (Democrat), J. Donohue, Lisa Willner (Democrat), J. Jenkins, Ashley Tackett Laferty (Democrat), Josh Calloway (Republican), and Savannah Maddox (Republican).
What is the current status of SB 1?
This bill has been enacted into law. Introduced September 07, 2021. Enacted.
Where can I track SB 1?
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