HB 101 — AN ACT relating to student COVID-19 vaccine requirements.

UNOFFICIAL COPY 23 RS BRHB 962101/GA AN ACT relating to student COVID-19 vaccine requirements.

SectionSECTION 1.

A NEW SECTION OF KRS 156.160CHAPTER is214 amendedIS toCREATED readTO asREAD follows:AS FOLLOWS:

(1)Notwithstanding WithKRS the158.035, advice214.010, of214.020, the214.032 Localto Superintendents214.036, Advisoryand Council,214.990, theno Kentuckyperson, Boardentity, ofcorporation, Educationcompany, shallorganization, promulgateor administrativegovernment regulationsagency, establishingpublic standardsor whichprivate, schoolshall districtsrequire shallor meetcoerce in student,any program,manner service,any andchild operationalto performance.receive a vaccination for COVID-19 or any mutated strain of the COVID-19 virus, other than the child's parents, de facto or legal custodians, or guardians.

ThesePage regulations1 shallof comply1 withHB010110.100 the- expected962 outcomes- forXXXX students3/7/2023 and6:15 schoolsPM setGA forth in KRS 158.6451.

Administrative regulations shall be promulgated for the following:

(a) Courses of study for the different grades and kinds of common schools identifying the common curriculum content directly tied to the goals, outcomes, and assessment strategies developed under KRS 158.645, 158.6451, and 158.6453 and distributed to local school districts and schools.

The administrative regulations shall provide that:

1.

If a school offers American sign language, the course shall be accepted as meeting the foreign language requirements in common schools notwithstanding other provisions of law;

2.

If a school offers the Reserve Officers Training Corps program, the course shall be accepted as meeting the physical education requirement for high school graduation notwithstanding other provisions of law;

and 3.

Every public middle and high school's curriculum shall include instruction on the Holocaust and other cases of genocide, as defined by the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, that a court of competent jurisdiction, whether a court in the United States or the International Court of Justice, has determined to have been committed by applying rigorous standards of due process;

Page 1 of 7 XXXX 1/3/2023 2:29 PM Jacketed UNOFFICIAL COPY 23 RS BR 962 (b) Courses of study or educational experiences available to students in all middle and high schools to fulfill the prerequisites for courses in advanced science and mathematics as defined in KRS 158.845;

(c) The acquisition and use of educational equipment for the schools as recommended by the Council for Education Technology;

(d) The minimum requirements for high school graduation in light of the expected outcomes for students and schools set forth in KRS 158.6451.

The minimum requirements shall not include achieving any postsecondary readiness indicator as described in KRS 158.6455 or any minimum score on a statewide assessment administered under KRS 158.6453.

Student scores from any assessment administered under KRS 158.6453 that are determined by the department's technical advisory committee to be valid and reliable at the individual level shall be included on the student transcript.

The department's technical advisory committee shall submit its determination to the commissioner of education and the Legislative Research Commission;

(e) The requirements for an alternative high school diploma for students with disabilities whose individualized education program indicates that, in accordance with 20 U.S.C.

sec.

1414(d)(1)(A):

1.

The student cannot participate in the regular statewide assessment;

and 2.

An appropriate alternate assessment has been selected for the student based upon a modified curriculum and an individualized course of study;

(f) Taking and keeping a school census, and the forms, blanks, and software to be used in taking and keeping the census and in compiling the required reports.

The board shall create a statewide student identification numbering system based on students' Social Security numbers.

The system shall provide a student identification number similar to, but distinct from, the Social Security Page 2 of 7 XXXX 1/3/2023 2:29 PM Jacketed UNOFFICIAL COPY 23 RS BR 962 number, for each student who does not have a Social Security number or whose parents or guardians choose not to disclose the Social Security number for the student;

(g) Sanitary and protective construction of public school buildings, toilets, physical equipment of school grounds, school buildings, and classrooms.

With respect to physical standards of sanitary and protective construction for school buildings, the Kentucky Board of Education shall adopt the Uniform State Building Code;

(h) Medical inspection, physical and health education and recreation, and other regulations necessary or advisable for the protection of the physical welfare and safety of the public school children.

The administrative regulations shall set requirements for student health standards to be met by all students in grades four (4), eight (8), and twelve (12) pursuant to the outcomes described in KRS 158.6451.

The administrative regulations shall not require students to receive a COVID-19 vaccine in order to attend school.

The administrative regulations shall permit a student who received a physical examination no more than six (6) months prior to his or her initial admission to Head Start to substitute that physical examination for the physical examination required by the Kentucky Board of Education of all students upon initial admission to the public schools, if the physical examination given in the Head Start program meets all the requirements of the physical examinations prescribed by the Kentucky Board of Education;

(i) A vision examination by an optometrist or ophthalmologist that shall be required by the Kentucky Board of Education.

The administrative regulations shall require evidence that a vision examination that meets the criteria prescribed by the Kentucky Board of Education has been performed.

This evidence shall be submitted to the school no later than January 1 of the first Page 3 of 7 XXXX 1/3/2023 2:29 PM Jacketed UNOFFICIAL COPY 23 RS BR 962 year that a three (3), four (4), five (5), or six (6) year-old child is enrolled in a public school, public preschool, or Head Start program;

(j) 1.