HB 421 — AN ACT relating to public schools and declaring an emergency.

If the teacher's or employee's workers' compensation income benefits cease during the one (1) year period after the assault, the district shall also cease to make payments under this paragraph;

(c) The Commonwealth, through the Kentucky Department of Education, shall make the employer's health insurance contribution during the period that the district makes payments under paragraphs (a) and (b) of this subsection;

(d) The Commonwealth, through the Kentucky Department of Education, shall make the employer's contribution to the retirement system in which the teacher or employee is a member during the period that the district makes payments under paragraphs (a) and (b) of this subsection;

and (e) Payments to a teacher or employee under paragraphs (a) and (b) of this subsection shall be coordinated with workers' compensation benefits under KRS Chapter 342, disability retirement benefits for teachers under KRS 161.661 to 161.663, and disability retirement benefits for employees under KRS 61.600 to 61.621 and 78.5522, 78.5524, 78.5526, 78.5528, and 78.5530 so that the teacher or employee receives income equivalent to his or her full contracted salary, but in no event shall the combined payments exceed one hundred percent (100%) of the teacher's or employee's full contracted salary.

(4) Days of sick leave not taken by an employee or a teacher during any school year shall accumulate without limitation and be credited to that employee or teacher.

Accumulated sick leave may be taken in any school year.

Any district board of Page 18 of 24 HB042110.100 - 325 - XXXX 3/7/2023 7:04 PM GA UNOFFICIAL COPY 23 RS HB 421/GA education may, in its discretion, allow employees or teachers in its common school system sick leave in excess of the number of days prescribed in this section and may allow school district employees and teachers to use up to three (3) days' sick leave per school year for emergency leave pursuant to KRS 161.152(3).

Any accumulated sick leave days credited to an employee or a teacher shall remain so credited in the event he or she transfers his or her place of employment from one (1) school district to another within the state or to the Kentucky Department of Education or transfers from the Department of Education to a school district.

(5) Accumulated days of sick leave shall be granted to a teacher or employee if, prior to the opening day of the school year, a statement[an affidavit] or a certificate of a physician is presented to the district board of education, stating that the teacher or employee is unable to commence his or her duties on the opening day of the school year, but will be able to assume his or her duties within a period of time that the board determines to be reasonable.

(6) Any school teacher or employee may repurchase previously used sick leave days with the concurrence of the local school board by paying to the district an amount equal to the total of all costs associated with the used sick leave.

(7) A district board of education may adopt a plan for a sick leave bank.

The plan may include limitations upon the number of days a teacher or employee may annually contribute to the bank and limitations upon the number of days a teacher or employee may annually draw from the bank.

Only those teachers or employees who contribute to the bank may draw upon the bank.

Days contributed will be deducted from the days available to the contributing teacher or employee.

The sick leave bank shall be administered in accordance with a policy adopted by the board of education.

(8) (a) A district board of education shall establish a sick leave donation program to permit teachers or employees to voluntarily contribute sick leave to teachers Page 19 of 24 HB042110.100 - 325 - XXXX 3/7/2023 7:04 PM GA UNOFFICIAL COPY 23 RS HB 421/GA or employees in the same school district who are in need of an extended absence from school.

A teacher or employee who has accrued more than fifteen (15) days' sick leave may request the board of education to transfer a designated amount of sick leave to another teacher or employee who is authorized to receive the sick leave donated.

A teacher or employee may not request an amount of sick leave be donated that reduces his or her sick leave balance to less than fifteen (15) days.

(b) A teacher or employee may receive donations of sick leave if:

1.

a.

The teacher or employee or a member of his or her immediate family suffers from a medically certified illness, injury, impairment, or physical or mental condition that has caused or is likely to cause the teacher or employee to be absent for at least ten (10) days;

or b.

The teacher or employee suffers from a catastrophic loss to his or her personal or real property, due to either a natural disaster or fire, that either has caused or will likely cause the employee to be absent for at least ten (10) consecutive working days;

2.

The teacher's or employee's need for the absence and use of leave are certified by a licensed physician for leave requested under subparagraph 1.a.

of this subsection;

3.

The teacher or employee has exhausted his or her accumulated sick leave, personal leave, and any other leave granted by the school district;

and 4.

The teacher or employee has complied with the school district's policies governing the use of sick leave.

(c) While a teacher or employee is on sick leave provided by this section, he or she shall be considered a school district employee, and his or her salary, Page 20 of 24 HB042110.100 - 325 - XXXX 3/7/2023 7:04 PM GA UNOFFICIAL COPY 23 RS HB 421/GA wages, and other employee benefits shall not be affected.

(d) Any sick leave that remains unused, is not needed by a teacher or employee, and will not be needed in the future shall be returned to the teacher or employee donating the sick leave.

(e) The board of education shall adopt policies and procedures necessary to implement the sick leave donation program.

(9) A teacher or employee may use up to thirty (30) days of sick leave following the birth or adoption of a child or children.

Additional days may be used when the need is verified by a physician's statement.

(10) (a) [After July 1, 1982, ]A district board of education may compensate, at the time of retirement or upon the death of a member in active contributing status at the time of death who was eligible to retire by reason of service, an employee or a teacher, or the estate of an employee or teacher, for each unused sick leave day.

The rate of compensation for each unused sick leave day shall be based on a percentage of the daily salary rate calculated from the employee's or teacher's last annual salary, not to exceed thirty percent (30%).

(b) Except as provided in paragraph (c) of this subsection, payment for unused sick leave days under this subsection shall be incorporated into the annual salary of the final year of service for inclusion in the calculation of the employee's or teacher's retirement allowance only at the time of his or her initial retirement, provided that the member makes the regular retirement contribution for members on the sick leave payment.

The accumulation of these days includes unused sick leave days held by the employee or teacher at the time of implementation of the program.

(c) For a teacher or employee who becomes a nonuniversity member of the Teachers' Retirement System on or after January 1, 2022, as provided by KRS 161.220, payment for unused sick leave days under this subsection shall not Page 21 of 24 HB042110.100 - 325 - XXXX 3/7/2023 7:04 PM GA UNOFFICIAL COPY 23 RS HB 421/GA be incorporated into the annual compensation used to calculate the teacher's or employee's retirement allowance in the foundational benefit component as described by KRS 161.633 but may be deposited into the nonuniversity member's supplemental benefit component as provided by KRS 161.635.

(d) For a teacher or employee who begins employment with a local school district on or after July 1, 2008, the maximum amount of unused sick leave days a district board of education may recognize in calculating the payment of compensation to the teacher or employee under this subsection shall not exceed three hundred (300) days.

(11) Any statute to the contrary notwithstanding, employees and teachers who transferred from the Department of Education to a school district, from a school district to the Department of Education, or from one (1) school district to another school district after July 15, 1981, shall receive credit for any unused sick leave to which the employee or teacher was entitled on the date of transfer.

This credit shall be for the purposes set forth in subsection (10) of this section.

(12) The death benefit provided in subsection (10) of this section may be cited as the Baughn Benefit.

KRS 161.154 is amended to read as follows:

(1) For the purpose of this section, "school employees" shall mean any person for whom certification is required as a basis of employment in the public schools.

(2) Each district board of education may provide up to three (3) personal leave days per school year to school employees, without loss of salary to the employee and without affecting any other type of leave granted by law, regulation, or school board policy.

Local boards of education may establish policy regarding the number of teachers who may take personal leave on any one (1) day.

(3) Personal leave granted under this section shall not be treated as having effect on the provisions of KRS 161.152 to 161.155 and shall be supported by personal Page 22 of 24 HB042110.100 - 325 - XXXX 3/7/2023 7:04 PM GA UNOFFICIAL COPY 23 RS HB 421/GA statement[affidavit] of the school employee stating that the leave taken is personal in nature;

no other reason for or verification of the leave shall be required.

(4) Payments to school employees made by a district board of education under the provisions of this section are presumed to be for services rendered and for the benefit of the common schools and such payments do not affect the eligibility of any school district to share in the distribution of funds from the public school foundation program fund as established in KRS Chapter 157.

Section 6.

(1) Until June 30, 2024, a local board of education of a district may provide for and commence the purchase, condemnation, or sale of land for school purposes in a manner required by statute or administrative regulation, notwithstanding any requirements for:

(a) Prior approval from the chief state school officer;

(b) Minimum sizes of school sites;

or (c) Any limitations on the cost of land in relation to the cost of any construction project.

(2) Prior to the purchasing, condemnation, or sale of land under subsection (1) of this section, the superintendent of the district shall submit to the local board a recommendation as to whether that the action is in compliance with all applicable statutes and administrative regulations in effect.

The local board shall review the recommendation and shall only approve the action if the board makes a finding that the action is in compliance with all applicable statutes and administrative regulations in effect.

The board shall provide notice of the finding to the commissioner of education for informational purposes.

Section 7.

7, shall also include administrative regulations, incorporated materials, other guidance the Page 16 of 17 XXXX 2/17/2023 1:35 PM Jacketed UNOFFICIAL COPY 23 RS BR 325 department providesprovides, and procedures the department uses concerning the acquisition, disposition, or modification of property to identify inefficiencies in the review and Page 23 of 24 HB042110.100 - 325 - XXXX 3/7/2023 7:04 PM GA UNOFFICIAL COPY 23 RS HB 421/GA approval process.

During the review, the department shall also identify updates that are needed to the administrative regulations and materials due to the changing trends in the economy.economy, as well as the most commonly granted waivers from administrative regulations and the changes required to reduce or eliminate the need for those waivers.

This shall include identifying the most commonly granted waivers from administrative regulation and the changes required to reduce or eliminate the need for those waivers.

Section 6.8.

At least one (1) month prior to the submission to the Interim Joint Committee on Appropriations and Revenue and the Interim Joint Committee on Education of the report required under 2022 Ky.

77, andas modified by Section 57 of this Act, the Kentucky Department of Education shall submit preliminary findings of the report to the Local Superintendents Advisory Council to solicit written feedback from the council.

The department may incorporate the recommendations of the council in finalizing the department's reportreport, but shall submit all the council's written feedback as an addendum to the report.

Section 7.9.

Whereas school districts developing new school sites are encountering rising prices of property and constructionconstruction, whereand time is of the essence in minimizing costs, 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.

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