SB 207 — AN ACT relating to education.

(a) The first violation shall result in a fine of no less than one (1) week's revenue from the sale of thecompetitivethe competitive food;

(b) Subsequent violations shall result in a fine of no less than one (1) month's revenue from thesalethe sale of thecompetitivethe competitive food;

and (d) Revenue collected as a result of the fines in this subsection shall be transferred to thefoodthe food service fund of thelocalthe local school district.

KRS156.445KRS 156.445 is amended toreadto read as follows:

(1) No textbook or program shall be used in any public school in Kentucky as a basal title unless it has been recommended and listed on thestatethe state multiple list by theStatethe State Textbook Commission or unless a school and district has met the notification Page 10 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO requirements under subsection (2) of this section.

(3) In approving text materials for private and parochial schools for the purpose of KRS 156.160(2)[(3)] the text materials shall be approved if they are comprehensive and appropriate totheto the grade level in question notwithstandingthefactnotwithstanding the fact that they may contain elements of religious philosophy.

KRS157.360KRS 157.360 is amended toreadto read as follows:

(1) (a) In determining the cost of the program to support education excellence in Kentucky, the statewide guaranteed base funding level, as defined in KRS 157.320, shall be computed by dividing the amount appropriated for this purpose by thepriorthe prior year's statewideaveragestatewide average daily attendance.

(b) When determining the biennial appropriations for the program, the average daily attendance for each fiscal year shall include an estimate of the number of studentsgraduatingearlystudents graduating early under theprovisionsthe provisions of KRS158.142.KRS 158.142.

(2) Each district shall receive an amount equal to the base funding level for each pupil in average daily attendance in the district in the previous year, except a district shall Page 11 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO receive an amount equal to one-half (1/2) of the state portion of the average statewide per pupil guaranteed base funding level for each student who graduated early under the provisions of KRS 158.142.

Each district's base funding level shall be adjusted bytheby the following factors:

At-risk students shall be identified as thoseapprovedthose approved for thefreethe free lunch program understateunder state and federal guidelines.

Funds generated under this paragraph may be used topayto pay for:

A hazardous duty pay supplement as determined by the local board of education to the teachers who work in alternative programs with studentswhoarestudents who are violent or assaultive;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) The number and types of exceptional children in the district as defined by KRS 157.200.

Specific weights for each category of exceptionality shall be used in thecalculationthe calculation of theadd-onfactorforthe add-on factor for exceptional children;

Districts which contract to furnish transportation tostudentsattendingnonpublicto students attending nonpublic schools may adopt any payment formula which ensures that no public school funds are used for the transportation of nonpublic students.

(3) Beginning with the 2015-2016 school year and each year thereafter, the General Assembly shall annually allocate funds equal to one-half (1/2) of the state portion of the average statewide per pupil guaranteed base funding level for each student who graduated early under the provisions of KRS 158.142 the previous school year to the Kentucky Higher Education Assistance Authority for deposit in the early Pagegraduation 12scholarship of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO graduationscholarship trust fund.

(4) The program to support education excellence in Kentucky shall be fully implemented by the1994-95the 1994-95 school year.

Twenty-four (24) in primary grades(kindergartengrades (kindergarten through third grade);

Thirty-one (31) in gradessevengrades seven (7) to twelve (12).

(b) Except for those schools which have implemented school-based decision making, class size loads for middle and secondary school classroom teachers shall not exceed the equivalent of one hundred fifty(150)fifty (150) pupil hours per day.

These administrative regulations shall include procedures for a superintendent torequestto request an exemption from the KentuckyBoardKentucky Board of EducationwhenunusualEducation when unusual circumstances warrant an increased class size for an individual class.

A district shall not receive in any one (1) year exemptions for more classes than enroll twenty percent (20%) of the pupils in the primary grades and grades four(4)four (4) through eight (8).

(d) In all schools the commissioner of education shall enforce the special Page 13 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO education maximum class sizes set by administrative regulations adopted by the Kentucky Board of Education.

An exemption or waiver shall not be granted if the increased class size will impede any exceptional child from achieving his or her individual education program in theleastthe least restrictive environment.

CHAPTER 113 7 (8) Pupils attending a center for child learning and study established under an agreement pursuant to KRS 65.210 to 65.300 shall, for the purpose of calculating average daily attendance, be considered as in attendance in the school district in which the child legally resides and which is party to the agreement.

For purposes of Page 14 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO subsection (1) of this section, teachers who are actually employees of the joint or cooperative action shall be considered as employees of each school district which is a party totheto the agreement.

If the average daily attendance remains the same or decreases in the succeeding school year, the average daily attendance for purposes of calculating program funding for the following school year shall be increased by an amount equal to one-third (1/3) of the decrease for the first year of thedecline.the decline.

(11) If the percentage of attendance of any school district shall have been reduced more than two percent (2%) during the previous school year, the program funding allotted the district for thecurrentthe current school year shall be increased by thedifferenceinthe difference in the percentage of attendance for the two (2) years immediately prior to the current school year less twopercenttwo percent (2%).

supervision and Page 15 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO instruction of students in agriculture experience programs;

During extended employment, no vocational agriculture teacher shall receive salary on a day that the teacher is scheduled to attend an institution of higher education class which could be credited toward meetinganymeeting any certification requirement.

Twenty percent (20%) of the approved vocational agriculture programs shall be audited annually by the State Department of EducationtodetermineEducation to determine that the summer plan has been properly executed.

AttendanceshallAttendance shall be calculated pursuant to KRS157.270KRS 157.270 and shall be reported monthly on forms provided by the Department of Education;andEducation; Page 16 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (b) Pursuant to administrative regulations of the Kentucky Board of Education, local school districts shall be reimbursed for home and hospital instruction for pupils unable to attend regular school sessions because of short-term health impairments.

and (b) Pursuant to administrative regulations of the Kentucky Board of Education, local school districts shall be reimbursed for home and hospital instruction for pupils unable to attend regular school sessions because of short-term health impairments.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (14) Except for those schools which have implemented school-based decision making and the school council has voted to waive this subsection, kindergarten aides shall be provided for each twenty-four (24) full-time equivalent kindergarten students enrolled.

(16) During a fiscal year, a school district may request that the Department of Education recalculate its funds allocated under this section if the current year average daily attendancefortheattendance twenty(20)for dayschoolthe twenty (20) day school month as defined in KRS158.060(1)KRS 158.060(1) that contains the most days within the calendar month of January exceeds the prior year adjusted average daily attendance plus growth by at least one percent (1%).

Any adjustments in the allotments approved under this subsection shall be proportional to the remaining days in the school year and subject to available funds under the program to support educationexcellenceeducation excellence in Kentucky.

Page 17 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (17) To calculate the state portion of the program to support education excellence in Kentucky for a school district, the Department of Education shall subtract the local effort required under KRS 157.390(5) from the calculated base funding under the program to support education excellence in Kentucky, as required by this section.

(18) Notwithstanding any other statute or budget of the Commonwealth language to the contrary, time missed due to shortening days for emergencies may be made up by lengthening school days in the school calendar without any loss of funds under the program to support educationexcellenceeducation excellence in Kentucky.

KRS158.070KRS 158.070 is amended toreadto read as follows:

(a) "Election" has thesamethe same meaning as in KRS121.015;KRS 121.015;

Page 18 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO 4.

Two (2) parents of studentsattendingaschoolstudents attending a school in the district;

One (1) school district middleormiddle or high school teacher;

(f) "Student instructional year" means at least one thousand sixty-two (1,062) hours of instructional time for students delivered on not less than one hundred seventy (170) student attendancedays;attendance days;

(g) "Teacher professional day" means any day teachers are required to report to work as determined by a local board of education, with or without the presence of students;andstudents; (h) "Variable student instructional year" means at least one thousand sixty-two (1,062) hours of instructional time delivered on the number of student attendance days adopted by a local board of education which shall be considered proportionally equivalent to one hundred seventy (170) student attendance days and calendar days for the purposes of a student instructional year, employment contracts that are based on the school term, service credit underKRS 161.500, and fundingunderKRS157.350.

(2)and (a)(h) The"Variable localstudent boardinstructional ofyear" education,means uponat recommendationleast one thousand sixty-two (1,062) hours of instructional time delivered on the number of student attendance days adopted by a local schoolboard districtof superintendent,education which shall annuallybe appointconsidered aproportionally schoolequivalent districtto one hundred seventy (170) student CHAPTER 113 9 attendance days and calendar committeedays toreview,for develop,andthe recommendpurposes of a student instructional year, employment contracts that are based on the school calendarterm, options.service credit under KRS 161.500, and funding under KRS 157.350.

(b)(2) (a) The schoollocal districtboard calendarof committee,education, afterupon seekingrecommendation feedbackof fromthe local school district employees,superintendent, parents, and community members, shall recommendannually Pageappoint 19a ofschool 83district SB020790.100calendar -committee 1398to -review, XXXXdevelop, 3/27/2025 7:05 PM Vetoed and Overriddenrecommend UNOFFICIAL COPY 25 RS SB 207/VO school calendar optionsoptions. to the local school district superintendent for presentation to the local board of education.

(b) The committee'sschool recommendationsdistrict shallcalendar complycommittee, withafter stateseeking lawsfeedback andfrom regulationsschool district employees, parents, and considercommunity members, shall recommend school calendar options to the economiclocal impactschool ofdistrict theschoolsuperintendent calendarfor onpresentation to the communitylocal andboard thestate.of education.

The committee's recommendations shall comply with state laws and regulations and consider the economic impact of the school calendar on the community and the state.

The notice shall be sent at least twenty-fourtwenty- four (24) hours before the regular meeting.

This requirement shall not be deemed to make any requirements or limitations relating tospecialto special meetings applicable to theregularthe regular meeting.

Districts may set the length of individual student attendance days in a variable student instructional schedule, but no student attendance day shall contain more than Page 20 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO seven (7) hours of instructional time unless the district submitted and received approval from the commissioner of education for an innovative alternative calendar.

A local board may approve a school's flexible professional development plan that permits teachers or other certified personnel within a school to participate in professional development activities outside the days scheduled in the school calendar or the regularly scheduled hours in the school work day and receive credit towards the four (4) day professional development requirement within the minimum one hundred eighty-five (185) daysthatdays that a teacher shall be employed.

Credit for approved professional development activities may be accumulated in periods of time other than full daysegments.day segments.

Page 21 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO 3.

No teacher or administrator shall be permitted to count participation in a professional development activity under the flexible schedule option unless the activity is related to the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY teacher's classroom assignment and content area, or the administrator's job requirements, or is required by the school improvement plan, or is tied to the teacher's or the administrator's individual growth plan.

provided, however, any holiday which occurs on SaturdaymaySaturday may be observed on the preceding Friday.

Mourning when so designated by the local board of education and approved by theKentuckyBoardthe Kentucky Board of EducationuponEducation upon recommendation of the commissioner of education.

(4) (a) The Kentucky Board of Education, upon recommendation of the commissioner of education, shall adopt administrative regulations governing Page 22 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO the use of student attendance days as a result of a local emergency, as described in subsection (3)(f)2.

In setting the school calendar, school may be closed for two (2) consecutive days for the purpose of permitting professional school employees to attend statewideprofessionalstatewide professional meetings.

If schools are scheduled to operate during days designated for the statewide professional meeting, the school district shall permit employees who are delegates to attend as compensated professional leave time and shall employ substituteteacherssubstitute teachers in their absence.

Page 23 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO 4.

These three (3) days so designated for attendance at professional meetings may be counted as a part of theminimumthe minimum school term.

(c) All schools shall be closed on the third Monday of January in observance of the birthdayofbirthday of Martin LutherKing,Luther King, Jr.

CHAPTER 113 11 1.

(6) (a) The Kentucky Board of Education, or the organization or agency designated by the board to manage interscholastic athletics, shall be encouraged to schedule athletic competitions outside the regularly scheduled student attendanceday.attendance day.

(b) Any member of a school-sponsored interscholastic athletic team who competes in a regional tournament or state tournament sanctioned by the KentuckyBoardKentucky Board of Education,orEducation, theorganizationor the organization or agency designated by the board to manage interscholastic athletics, and occurring on a regularly scheduled student attendance day may be counted present at school on the Page 24 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO date or dates of the competition, as determined by local board policy, for a maximum of two (2) days per student per year.

The student shall be expected tocompleteto complete any assignments missed on the dateordate datesofor thecompetition.dates of the competition.

(c) The school attendance record of any student for whom paragraph (b) of this subsection applies shall indicate that thestudentthe student was in attendanceontheattendance on the date or datesofdates of competition.

A school district that has a school operating a model early reading program under KRS 158.792 may use a portion of its grant money as part of the matching funds to provide individualized or small group reading instruction to qualified students outside of the regular classroom during thestudentthe attendanceday.student attendance day.

(8) Notwithstanding any other statute, each school term shall include no less than the equivalent of the student instructional year in subsection (1)(f) of this section, or a Page 25 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO variable student instructional year in subsection (1)(h) of this section, except that the commissioner of education may grant up to the equivalent of ten (10) student attendance days for school districts that have a nontraditional instruction plan approved by the commissioner of education on days when the school district is closed for health or safety reasons.

(d) Reporting and oversight responsibilities of the district and the Kentucky Department of Education, including the documentation required to show clear Page 26 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO evidence of learning continuation duringnontraditionalduring nontraditional instruction days;

and (e) OthercomponentsOther components deemed necessary toimplementto implement this section.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (10) NotwithstandingtheprovisionsNotwithstanding the provisions of KRS158.060(3)KRS 158.060(3) and the provisions of subsection (2) of this section, a school district shall arrange bus schedules so that all buses arrive in sufficient time to provide breakfast prior to the beginning of the student attendance day.

State and local requirements under this section are met regarding the equivalent of the number and length of student attendance days, teacher professional days, professional development days, holidays, and days for planning activities without the presence of students;andstudents; 2.

Theand provisions2. of the district's school calendar to make up student attendance days missed due to any emergency, as approved by the Kentucky Department of Education when required, including but not limited to a provision for additionalinstructional time per day,are met.

(b)The Additionalprovisions timeof workedthe bydistrict's aschool classifiedcalendar schoolto employeemake shallup bestudent consideredattendance asdays equivalentmissed timedue to beany appliedemergency, towardas theapproved employee'sby contractthe andKentucky PageDepartment 27 of 83Education SB020790.100when -required, 1398including -but XXXXnot 3/27/2025limited 7:05to PMa Vetoedprovision andfor Overriddenadditional UNOFFICIALinstructional COPYtime 25per RSday, SBare 207/VOmet. calculation of service credit for classified employees underKRS 78.615 if:

(b) Additional time worked by a classified school employee shall be considered as equivalent time to be applied toward the employee's contract and calculation of service credit for classified employees under KRS 78.615 if:

The employee works for a school district with a school calendar approved by the Kentucky Department of Education that contains a provision that additional instructional time per day shall be used to make up full days missed duetodue to an emergency;

The employee's job responsibilities and work day are extended when the instructional time is extended forthepurposesfor the purposes of making up time.

These employees may be assigned additional work responsibilities to make up service credit under KRS 78.615 that would be lost duetodue to lengthened student attendancedays.attendance days.

KRS158.080KRS 158.080 is amended toreadto read as follows:

Private and parochial schools certified in accordance withKRS156.160(3)with KRS 156.160(3) shall:

(1) Be taught in the English language and shall offer instruction in the several branches of study required to be taught in the public schools of the state[, consistent with KRS156.445(3)];KRS 156.445(3)];

and (2) Operate on a school calendar with a minimum school term and student instructional year, as defined inKRS158.070.in KRS 158.070.

KRS158.854KRS 158.854 is amended toreadto read as follows:

Minimum nutritional standards shall be based Page 28 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO on the most recent edition of the United States Department of Agriculture's Dietary Guidelines for Americans.

The administrative regulation shall address serving size, sugar, and fat content of the foodsandfoods and beverages.

A school shall follow the minimum standards specified in the administrative regulation unless a waiver has been requested under Section 1 of this Act by the school district for theschoolthe school from the KentuckyBoardKentucky Board of Education.

CHAPTER 113 13 (a) "Competitive food" means any food or beverage item sold in competition with the National School Breakfast and National School Lunch programs.

The term doesnotdoes not include any food or beverage sold a la carte in the cafeteria;

(b) "School day" means the period of time between the arrival of the first student at theschoolthe school building and the end of the last instructional period;

(4) Only school-day-approved beverages shall be sold in elementary schools during the school day in vending machines, school stores, canteens, or fundraisers that sell beverages by students,teachers,students, teachers, or groups.

(5) Nothing in this section or KRS 158.850 shall be construed to limit the sale of any foodsorfoods or beverages by fundraisers off school property.

Page 29 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO Section 8.

KRS160.151KRS 160.151 is amended toreadto read as follows:

A private, parochial, or church school that has voluntarily been certified by the Kentucky Board of Education in accordance with KRS 156.160(2)[(3)] may require a national and state criminal background check and require a clear CA/N check, as defined in KRS 160.380, on all new certified hires in the school and student teachers assigned to the school and may require a new national and state criminal background check and require a clear CA/N check on each certified teacher once every five(5)five (5) years of employment.

The state criminal history background check shall be conducted by the Department of Kentucky State Police or the Administrative OfficeofOffice of the Courts.

Any fee charged by the Department of Kentucky StatePolice,State Police, the Administrative OfficeofOffice theCourts,of the Courts, or the Federal Bureau of Investigation shall be an amount no greater than the actual cost of processing the request and conductingtheconducting the search.

Page 30 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (2) (a) If a school requires a criminal background check or requires a clear CA/N check for a new hire, the school shall conspicuously include the following disclosure statement on each application or renewal form provided by the employer to an applicant for a certified position:

"STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK AND A LETTER FROM THE CABINET FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT IS CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND NEGLECT RECORDS AS A CONDITION OFEMPLOYMENTFOROF THISTYPEEMPLOYMENT FOR THIS TYPE OF POSITION." (b) The school or school board may require an adult who is permitted access to school grounds on a regularly scheduled and continuing basis pursuant to a written agreement for the purpose of providing services directly to a student or students as part of a school-sponsored program or activity, a volunteer, or a visitor to submit to a national criminal history check by the Federal Bureau of Investigation and state criminal history background check by the Department of Kentucky State Police or Administrative Office of the Courts and require a clear CA/N check.

If a background check of child abuse and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY neglect records is requested, the person seeking employment shall provide to the hiring superintendent a clear CA/N check.

Page 31 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (d) Any fee charged by the Department of Kentucky State Police shall be an amount no greater than the actual cost of processing the request and conductingtheconducting the search.

(d) Nonpublic schools implementing this chapter may terminate probationary employment under this section upon receipt of a criminal history background check documenting a record as a violent offender, of a sex crime, or of a violent crime as defined in KRS17.165KRS 17.165 or the receipt of a clear CA/N check.

(4) The form for requesting a clear CA/N check shall be made available on the Cabinet Pagefor 32Health of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO for Healthand Family Services Web site.

KRS160.380KRS 160.380 is amended toreadto read as follows:

Not appealed through an administrative hearing conducted in accordance withKRSwith Chapter13B;KRS Chapter 13B;

Upheld at an administrative hearing conducted in accordance with KRS Chapter 13B and not appealed toato a Circuit Court;

Upheld by a Circuit Court in an appeal of the results of an administrative hearing conducted inaccordancein withKRSChapteraccordance with KRS Chapter 13B;

Alternative education programs donotdo not include career or technical centers or departments;

(d) "Relative" means father, mother, brother, sister, husband, wife, son and daughter;anddaughter; (e) "Vacancy" means any certified position opening created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member of a local school district, or a new position created in a local school district for which certification is required.

However, if an employer-employee Page 33 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden(e) UNOFFICIAL"Vacancy" COPYmeans 25any RS SB 207/VO bargained contract contains procedures for filling certified position openingsopening created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member,member or creation of a newlocal positionschool fordistrict, whichor certification is required, a vacancynew shallposition notcreated exist,in unlessa certifiedlocal positionsschool remaindistrict openfor aftercompliancewhich withthosecertification procedures.is required.

However, if an employer-employee bargained contract contains procedures for filling certified position openings created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member, or creation of a new position for which certification is required, a vacancy shall not exist, unless certified positions remain open after compliance with those procedures.

CHAPTER 113 15 (a) All appointments, promotions, and transfers of principals, supervisors, teachers, and other public school employees shall be made only by the superintendent of schools, who shall notify the board of the action taken.

All employees of the local district shall have the qualifications prescribed by law and by the administrative regulations of theKentuckythe Kentucky Board of EducationandEducation and of the employing board.

No superintendent of schools shall appoint or transfer himself or herself to another position within theschoolthe school district;

If the waiver is approved, the appointment shall not be made until the person Page 34 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO recommended for the position has been approved by the chief state school officer.

The chief state school officer shall respond to a district's request for waiver or for approval of an appointment within two(2)two (2) working days;

However, the superintendent shall not promote a relative who continues employment underanunder an exception of this subsection;

Page 35 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO 2.

Receiving fringe benefits other thanthosethan those provided other substitutes;

(5) No superintendent shall employ in any position in thedistrictthe district any person who:

(a) Has been convicted of an offense that would classify a person as a violent offenderunderKRS439.3401;offender under KRS 439.3401;

(b) Has been convicted of a sex crime as defined by KRS 17.500 or a misdemeanor offenseunderoffense KRSChapterunder KRS Chapter 510;

(c) Is required toregisterto register as a sex offenderunderKRS17.500offender to17.580;under KRS 17.500 to 17.580;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (6) Requirements for background checks shall be as follows:

and Page 36 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO 5.

Classified and certified individuals employed by theschoolthe school district prior to June 27, 2019;

Certified individuals who were employed in another certified position in a Kentucky school district within six (6) months of the date of hire and who had previously submitted to a national and state criminal background check and who have a clear CA/N check for thepreviousthe previous employment;

Student teachers who have submitted to and provide a copy of a national and state criminal background check by the Department of Kentucky State Police and the Federal Bureau of Investigation through an accredited teacher education institution in which the student teacheristeacher is enrolled and whohavewho have a clear CA/N check.

Page 37 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (d) A superintendent may require a volunteer or a visitor to submit to a national and state criminal history background check by the Department of Kentucky State Police and the Federal Bureau of Investigation and have a clear CA/N check, provided by the individual;

and (e) The superintendent of a school district operating under an alternative transportation plan approved by the Kentucky Department of Education in accordance with KRS 156.153(3) shall require the driver of any non-school bus passenger vehicle authorized to transport students to and from school pursuant to the alternative transportation plan who does not have a valid commercial driver's license issued in accordance with KRS Chapter 281A withanwith an "S" endorsement to:

Submit to a national and state criminal background check by the Department of Kentucky State Police and the Federal Bureau of Investigation at least once every three (3) years and a criminal records check conducted in accordance withKRS27A.090with KRS 27A.090 in all other years;

Immediately notify the superintendent of any conviction for a violation underKRSunder Chapter189KRS Chapter 189 for which penalty points are assessed;

The superintendent shall inform theKentuckythe Kentucky Department of EducationofEducation thenotification.of the notification.

CHAPTER 113 17 (7) (a) If a certified or classified position remains unfilled after July 31 or if a vacancy occurs during a school term, a superintendent may employ an Page 38 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO individual, who will have supervisory or disciplinary authority over minors, on probationary status pending receipt of the criminal history background check and a clear CA/N check, provided by the individual.

(b) Employment shall be contingent on the receipt of the criminal history background check documenting that the probationary employee has no record of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt of a letter, provided by the individual, from theCabinetthe Cabinet for Health and Family Services stating the employee is clear to hire based on no administrative findings of child abuse or neglect found through a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services.

(c) NotwithstandingKRS161.720to161.800Notwithstanding KRS 161.720 to 161.800 or any other statutetothestatute to the contrary, probationary employment under this section shall terminate on receipt by the school district of a criminal history background check documenting a record of a sex crime or as a violent offender as defined in KRS 17.165 and no further procedures shall be required.

(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified employee on the basis of a criminal record other than a record of a sex crime or as a violent offender as defined in KRS 17.165, or on the basis of a CA/N check showing an administrative findingoffinding of child abuse or neglect.

The fingerprint cards shall be forwarded to the Federal Bureau of Investigation from the Department of Kentucky State Police after a state criminal Page 39 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO background check is conducted.

Any fee charged by the Department of Kentucky State Police, the Federal Bureau of Investigation, and the Cabinet for Health and Family Services shall be an amount no greater than the actual cost of processing the request and conductingtheconducting the search.

"FOR THIS TYPE OFEMPLOYMENT,STATEOF LAWREQUIRESAEMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET FOR HEALTH AND FAMILY SERVICES." (c) Each application form for a district position shall require theapplicantthe applicant to:

Identify the states in which he or she has maintained residency, including the datesofdates of residency;

If an employee is charged with Page 40 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO an offense outside of the Commonwealth, this provision may also be applied if the charge would have been treated as a felony if committed within the Commonwealth.

Any failure to report this finding shall result in the certified or classified employee being subject todismissalto dismissal or termination.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (12) The form for requesting a CA/N check shall be made available on the Cabinet for Health and Family Services website.

KRS164.769KRS 164.769 is amended toreadto read as follows:

(1) It is the intent of the General Assembly to establish a teacher scholarship program to assist highly qualified individuals to become certified Kentucky teachers and render teaching service in Kentuckyschools.Kentucky schools.

Page 41 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (b) "Dual credit" has the same meaning as in KRS158.007;KRS 158.007;

(c) "Eligible program of study" means an undergraduate or graduate program of studywhichstudy which is preparatory to teacher certification;

(d) "Expected family contribution" means the amount that a student and his family are expected to contribute toward the cost of the student's education determined by applying methodology set forth in 20 U.S.C.

(e) "Participating institution" means an institution of higher education located in Kentucky which offers an eligible program of study and has in force an agreement withthewith authorityprovidingthe foradministrationauthority providing for administration of this program;

12131 et seq.) or serious and extended illness, whose disability or illness, certified by a licensed physician, prevents that individual from teaching a major portion of each school day, shall be deemed to perform qualified teaching service by teaching the maximum time permitted by theattendingphysician;the attending physician;

(3) The authority may, to the extent of appropriations and other funds available to it pursuant to subsection (9) of this section, award teacher scholarships to persons eligible under subsection (4) of this section, who initially demonstrate financial Page 42 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO need in accordance with standards and criteria established by the authority or received teacher scholarships pursuant to this section prior to July 1, 1996.

Each teacher scholarship shall be evidenced by a promissory note that requires repayment or cancellation pursuant tosubsectionto subsection (6) of this section.

If funds are not depleted after awarding teacher scholarships to students who meet the preceding criteria, then awardsshallawards shall be madetomade to any otherwise eligible students.

CHAPTER 113 19 (b) A teacher scholarship shall not be awarded or a promissory note cancellation shall not be granted to any person who is in default on any obligation to the authority under any program administered by the authority pursuant to KRS 164.740 to 164.785 until financial obligations to the authority are satisfied, except that ineligibility for this reason may be waived by the authority for cause.

Page 43 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (c) Recipients shall render one (1) semester of qualified teaching service for each semester or summer term of scholarship received, except that recipients who teach in a critical shortage area designated by the authority or teach dual credit coursework in a certified Kentucky high school shall render one (1) semester of qualified teaching service as repayment for two (2) semesters or summer terms of scholarships received.

Persons liable for repayment of scholarships under this paragraph shall be liable for interest accruing from the datesondates on which theteacherthe teacher scholarships were disbursed.

(g) Notwithstanding any other statute to the contrary, the maximum interest rate applicable to repayment of a promissory note under this section shall be eight Page 44 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO percent (8%) per annum, except that if a judgment is rendered to recover payment, the judgment shall bear interest at the rate of five percent (5%) greater than the rate actually charged on thepromissorythe promissory note.

(8) Failure to meet repayment obligations imposed by this section shall be cause for the revocation of a person's teaching certificate, subject to the procedures set forth in KRS161.120.KRS 161.120.

If, after awarding all eligible renewal applicants, funds are not depleted, initial applications shall be ranked according to regulatory selection criteria, which may include expected family contribution and application date, and awards shall be made tohighlyto highly qualified applicants until fundsarefunds are depleted.

(12) The authority shall submit a report on the number of teacher scholarships provided in each fiscal year, the program of study in which recipients are enrolled, recipient Page 45 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO retention rates, total number of applications, and scholarship recruitment strategies totheto the Interim Joint Committee on EducationbyEducation by December 1 of each year.

A NEWSECTIONNEW OFKRSSECTION OF KRS 156.395 TO 156.476 ISCREATEDIS CREATED TO READ ASFOLLOWS:AS FOLLOWS:

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) The department may enter into contracts to designate an entity to serve as the department's agent to carry out the responsibilities of the depository under KRS156.395KRS 156.395 to 156.476.

TheinformationThe information shall include but not be limited to:

Page 46 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (c) A list of the accompanying manuals, workbooks, and other ancillary items for instructional materials included in the state-approved list;

KRS156.395KRS 156.395 is amended toreadto read as follows:

(3) [, ]"Instructional materials" means tools used to assist in student learning, as defined in administrative regulations promulgated by the Kentucky Board of EducationinEducation in accordance with KRS Chapter 13A;

KRS156.400KRS 156.400 is amended toreadto read as follows:

Page 47 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (1) The chief state school officer shall arrange the elementary, middle, and high school subjects of reading and writing, mathematics, science, and social studies into instructional materials review and selection[included in the state courses of study as prescribed by the Kentucky Board of Education into six (6) adoption] groups aligned with the process and schedule for reviewing Kentucky's academic standards and assessments established under KRS158.6453.[KRS 158.6453.[ (2) Contracts for each of the six (6) adoption groups shall be for a period of six (6) years and shall be executed on a staggered basis, with one (1) group being up for adoption each year.

The six (6) adoption groups shall be arranged by similarity of content to the extent possible, while being arranged as nearly equal in number and CHAPTER 113 21 purchase cost as possible.] Subjects by grade or by grade band with rapidly changing or highly technical content may be considered more frequently than once during a six (6) year cycle.

KRS156.405KRS 156.405 is amended toreadto read as follows:

(b) Support school districts in the evaluation, selection, and use of high quality instructional materials;[ to]to ] (c) Provide a state-approved[recommended] list of current and high quality textbooks and instructional materials to [local ]school districts that complement the educationalprogrameducational program in Kentuckyschools;[;Kentucky schools;[;

to]to ] (d) Provide a consumer guide to schools to aid with the selection of high quality Page 48 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO instructional materials;[;] and[toand[ to ] (e) Provide forpublicfor public participation in the review[evaluation] process.

(b) All vacancies that occur on the task force[State Textbook Commission] shall be filled in like manner for the remainder of theunexpiredthe unexpired terms.

(b) Develop general selection criteria and evaluation forms with the help of the instructional materials[textbook] reviewers and [Kentucky ]department [of Education ]staff to be used in a school district's selection of instructional Page 49 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO materials and programs[the state level review process];

(d) Review the instructional materials[textbook] reviewers' evaluations, and consider instructional materials[textbooks] or programs as it deems necessary, in order to select from them a state-approved[recommended]state- approved[recommended] list of high quality instructional materials;

(f) [Conduct a public hearing for the purpose of receiving public comment concerning textbooksandtextbooks and programs underconsideration;under consideration;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (g) ]Select, recommend, and publish from the list provided by the instructional materials depository under Section 15 of this Act the[a] state-approved list of high quality instructional materials[textbooks] and programs;

The textbook Page 50 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO reviewers shall be] (b) Approved by the task force[State Textbook Commission] based on the recommendation of thechiefthe chief state school officer.

(c) Submit to the commission reviews and evaluative forms regarding reviewed textbooksandtextbooks and programs;

(d) ]Attend meetings and training sessions as requested by the task force[commission] and thedepartment[the department[ of Education;

Eight (8) [of the appointive ]members who[of the State Textbook Commission shall] have had not less than five (5) years teaching or supervising experience in the public schools of Kentucky and shall have had at the time of their appointment at least four (4) years of college training in a recognized institution of higher education of whom:[.] a.[2.]Twoa.[2.] Two (2)[Five (5)] members who are[of the commission shall be] classroom teachers or instructional coaches actively employed in the public schools of Kentucky as teachers or instructional coaches in subject field or fields for which the task force[commission] will select instructional materials;

and[select books.] Pageb.[3.] 51Six of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO b.[3.]Six (6)[Two (2)] members who are[shall be] principals, instructional supervisors, or superintendents of public schools or public school systems;[.] 2.[4.]At2.[4.] At least one (1) member who is[shall be] a member of the faculty of a public institution of higher education engaged in teacher preparation;

and[.] 3.[5.]At3.[5.] At least one (1) member who is a[two (2) members shall be] lay citizen who has[citizens, one (1) of whom shall have] a child enrolled in a public school at the time of appointment.

(b) In appointing[recommending] the members of the task force,[State Textbook Commission] the chief state school officer shall give due regard to representation from rural and urban areas and from [the ]elementary, middle, and high school levels[ when the educational levels are included in the subject field or fieldsforfields for which adoptionsareadoptions tobeare to be made].

CHAPTER 113 23 (8) ]Members of the task force and the instructional materials reviewers shall serve without compensation but shall be reimbursed for necessary travel and expenses while attending meetings at the same per diem rate promulgated in administrative Page 52 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO regulation for state employees under KRS Chapter 45.

Textbook reviewers shall also receive reimbursement for actual expenses while attendingreviewerattending reviewer or commission meetings].

KRS156.407KRS 156.407 is amended toreadto read as follows:

Page 53 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (1) The chief state school officer shall, not later than one (1) academic year following the academic standards and assessment review process established in KRS 158.6453 for reading and writing, mathematics, science, and social studies, recommend at least eight (8) nominees for instructional materials reviewers who previously served on advisory panels or review committees under KRS 158.6453 for the content area or areas being reviewed[February 1 of each year in which an adoption is to be made, solicit applications for filling twelve (12) positions for textbookreviewers].textbook reviewers].

(3) ]The State Quality Curriculum Task Force[Textbook Commission, at its first yearly meeting,] shall review and approve instructional materials[select textbook] reviewers based on[ a list of qualified applicants prepared by] the chief state school officer's[officer and giving consideration to the ] recommendations as specified in KRS156.405.KRS 156.405.

The staff]shall:staff] shall:

and (c) Provide supplies and sample textbooksfortextbooks thereviewfor the review process].

(4)[(5)] The instructional materials[textbook] reviewers shall develop subject Page 54 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO specific criteria for instructional materials selection[textbook review] and evaluation, including but not limited to[ in] the following[ textbook]areas:textbook] areas:

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) Readability and accessibility for all learners;

(5)[(6)] [On or before July 15, ]The task force[State Textbook Commission] shall develop general criteria, review and approve subject specific criteria, and provide the standard criteria and evaluation forms to be used by local schools and school districts in the evaluation, selection, and use of high quality instructional materials and programs[the commission and textbookreviewers.textbook reviewers.

Page 55 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (b) The state-approved list of[ recommended] instructional materials[textbooks] and programs shall be free of factual error.

KRS156.410KRS 156.410 is amended toreadto read as follows:

(2) [It shall be the duty of the chief state school officer to prepare all necessary forms for use in the evaluation of textbooks and programs, such as advertising for textbookbids;textbook bids;

forms forbids,for bonds,andbids, bonds, and contracts;

and otherforms.other forms.

Page 56 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (3) ]The Kentucky Board of Education, upon the recommendation of the chief state school officer, shall have authority to promulgate administrative regulations in accordance with KRSChapterKRS Chapter 13A[prescribe]:

(a) [Administrative regulations ]Pertaining to the evaluation, selection, and use of high quality instructional materials and programs[all textbook samples for use] on the stateandstate and local levels;

and (b) [Shall have authority to promulgate administrative regulations ]Relating to the agents and representatives of instructional materials[textbooks] and programs and[, as to] the methods and procedures for use in adoptions on the stateandstate and local levels.

The publishers or developers[, on or before July 15, of any adoption year,] shall file with the depository[chief state CHAPTER 113 25 school officer textbook] samples of instructional materials, filing fees, [textbook ]bids and bonds, and other specified information relative to the instructional materials[books] that they desire to offerforadoption.offer for adoption.

(4)[(5)] The instructional materials depository[chief stateschoolstate school officer] shall:

(a) Review thebidthe bid information submitted by thepublishersthe publishers and developers;

(b) Verify that thebidthe bid complies withthewith the specifications;

KRS156.415KRS 156.415 is amended toreadto read as follows:

Before instructional materials[textbooks] and programs offered for adoption and use in Page 57 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO public schools of Kentucky may be placed on the state-approved list[lawfully recommended and listed by the State Textbook Commission or purchased by any board of education], the person, firm, or corporation offering the materials for adoption and use shall file withthewith the instructional materials depository[chief state school officer]:

(1) Copies of all instructional materials[textbooks] and programs that the person, firm, or corporation desires to offer for adoption and use, with a sworn statement of the list price and the lowest wholesale price at which each of the titles is sold in any adoptingunit;adopting unit;

(2) A statement that all thetitlesthe titles offered forsale,for adoption,andsale, adoption, and use, docomplydo withthecomply with the standards and specifications for instructional materials[textbooks] designated by the chief state school officer as regards paper, binding, printing, illustrations, subject matter, and other items included in thestandardsandthe standards and specifications;

(3) Copies of any revision or special editions of the instructional materials[textbooks] and programs filed, with a statement describing in detail each point of difference from the regular edition filed, and the list price and the lowest wholesale price at which the revision or special editionisedition is sold anywhere in theUnitedthe United States;

The fee provided by this subsection shall be paid at each and every adoptionperiod;adoption period;

(5) A bond running to the Commonwealth of Kentucky, executed by a surety company authorized to do business in this state, in a sum not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000), to be determined by the chief stateschoolstate school officer;

and (6) ]An affidavit certifying any instructional materials that[textbook] the publisher or developer[manufacturer] offers in the state is[to be] free of factual error at the time the publisher or developer is placed on the state-approvedstate- list[manufacturerapproved Pagelist[manufacturer 58 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO executes a contract].

KRS156.433KRS 156.433 is amended toreadto read as follows:

The regulation shall identify instructional materials which are subject to review before being recommended for use, establish a procedure for the review, and a process for adding an instructional material to the state-approved[recommended] list.[ The Department of Education may pay instructional materials reviewers an amount not to exceed one thousand dollars ($1,000) annually per reviewer for their services using fundsfromfunds from the appropriation forstatefor state textbooks.] (2) The department [of Education ]shall report[establish] the[a] state-approved list of [recommended ]instructional materials for the use of school personnel as selected by the task force.

(4) Allocations and purchases using state instructional materials funds shall be conducted in accordance with KRS156.395KRS 156.395 to 156.476.

KRS156.435KRS 156.435 is amended toreadto read as follows:

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) The State Quality Curriculum Task Force[Textbook Commission] shall[, not later than September 20 of any year in which an adoption is to be made,] select, recommend, and publish the[a] state-approved list of instructional materials[books] or programs for reading and writing, mathematics, science, and social studies in each [subject and ]grade or grade band, taking into account the Pageneeds 59 of 83the SB020790.100various - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO needsof thevarious types of students.

(b) Is in noncompliance with academic standards established in KRS 158.6453[ and specifications set forthinforth in KRS 156.410];

or (c) Is not of high quality in terms of thecontentthe provided,thecontent provided, the audience addressed, the format used, the readability and accessibility of material or the ancillary materials provided theteacherthe teacher and students.

(3) The task force[State Textbook Commission] shall have the authority to solicit additions for the state-approved list to be included in the instructional materials depository established in Section 11 of this Act[when the list does not contain books or materials for subjects added tothestatecoursesto the state courses of study].

(5) ]The chief state school officer shall prepare the[a] state-approved[multiple] list of instructional materials[recommended textbooks] or programs for reading and writing, mathematics, science, and social studies and publish the list along with a Page 60 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO consumer guide and distribute the selection criteria and evaluation forms[documents] to the superintendents of each [county and independent ]school district in KentuckyonKentucky on or before November 15 of each adoptionyear.adoption year.

KRS156.439KRS 156.439 is amended toreadto read as follows:

(b) Instructional materials[Textbooks] and programs not on the state-state-approved[state's approved[state's recommended] list[,] if notification is submitted to the department [of Education ]that the material meets the selection criteria of the task force[State Textbook Commission] in KRS 156.405(3)(a) or (b), the subject specific criteria of the instructional materials[textbook] reviewers pursuant to KRS 156.407(4)[(5)], and compliance with the required [publisher ]specifications;

(c) Instructional materials and programs, with an approved plan pursuant to subsection (2) of this section;[ or] (d) Instructional materials and programs for a subject not included in the state-state-approved approved list if the district demonstrates that the district already maintains high quality instructional materials in the subjects included on the state-state-approved approved list and has a need in a subject not included on the state-approvedstate- approved list;

or (e) Any combination of theabove.the above.

(2) The district shall use the instructional materials depository established in Section Page 61 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO 11 of this Act to identify all purchases it makes[made] with an[the textbook and ]instructional materials allocation and shall keep on file a plan developed by each school, in accordance with administrative regulations promulgated by the Kentucky Board of Education, for providing the necessary [textbooks and ]instructional materials for all grades for reading and writing, mathematics, science, and social studies[, and subject areas, including the replacement of books and materials during the six (6) year adoption period].

A school may carry forward to the next school year any part of its [textbook and ]instructional materials allocation which has been distributed CHAPTER 113 27 to the district.[ If a local board does not approve a school council's plan, the council may appeal to the commissioner and an administrative hearing shall be conducted inaccordancein accordance with KRSChapter13B.]KRS Chapter 13B.] Section 21.

KRS156.440KRS 156.440 is amended toreadto read as follows:

KRS156.445KRS 156.445 is amended toreadto read as follows:

Any changes of instructional materials[textbooks] made by the task force[State Textbook Commission] shall not become effective until grades and Page 62 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO classes of [the respective county and independent ]school districts have completed work for which the adopted materials[book] then in use was originally intended.

[Nothing in ]This section shall not apply to the supplementary materials[books] that are needed fromtimefrom time to time.

(2) The superintendent of a school district shall submit a notification to the department if the school district[A school council, or if none exists, the principal, may notify, through the superintendent, the State Textbook Commission that it] plans to adopt instructional materials[a basal textbook] or a program as a core comprehensive resource for reading and writing, mathematics, science, or social studies that is not on the state-approved[recommended] list by submitting evidence that the instructional materials or program[title] it has chosen meets the selection criteria of the task force[State Textbook Commission] in KRS 156.405(3)(a) or (b) and the subject specific criteria of the textbook reviewers pursuant to KRS 156.407(4)[(5)] and complies withthewith the required [publisher ]specifications.

(3) In approving text materials for private and parochial schools for the purpose of KRS 156.160(2)[(3)] the text materials shall be approved if they are comprehensive and appropriate totheto the grade level in question notwithstandingthefactnotwithstanding the fact that they may contain elements of religious philosophy.

KRS156.460KRS 156.460 is amended toreadto read as follows:

A[No] superintendent, teacher, or other official or employee of any institution supported wholly or in part by public funds shall not act, directly or indirectly, as agent for any person whose instructional materials[school textbooks] are identified on the state-state-approved approved list[filed withthewith the chief stateschoolstate school officer].

KRS156.465KRS 156.465 is amended toreadto read as follows:

No Page 63 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO person shall offer or give any emolument to any person in any school district in this state for any vote or promise to vote, or the use of his influence, for any instructional materials[school textbook] tobeto be used in this state.

KRS156.476KRS 156.476 is amended toreadto read as follows:

The Kentucky Board of Education, upon the recommendation of the chief state school officer, may promulgate an administrative regulation determining the pupils eligible for the instructional[books and] materials, the number [of books ]and types of instructional materials to be purchased, and the general administration of the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY program.

All instructional materials[books] and programs purchased under this section for the pupils with impaired vision are thepropertythe property of thestate.the state.

(2) The Department of Education shall require any publisher or developer of an instructional material[a textbook] or program adopted for use in the public schools Page 64 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO of the Commonwealth to furnish the American Printing House for theBlindthe Blind with an electronic version[computer diskettes or tapes] of those instructional[print] materials either in the American Standard Code for Information Interchange, (ASCII), or in any other format[, either electronic or print,] which can be readily translated into braille or large print.

KRS156.990KRS 156.990 is amended toreadto read as follows:

(1) Any witness who fails, without legal excuse, to attend or to testify, when required by the chief state school officer under these provisions, shall be fined not more than twenty-fivedollarstwenty-five dollars ($25) for each offense.

(4) Any person who operates a non-school bus passenger vehicle to transport a student or students within the Commonwealth without holding a current valid license as required pursuant to KRS156.153(3)(c)KRS 156.153(3)(c) shall be guilty of a Class D felony.

KRS171.215KRS 171.215 is amended toreadto read as follows:

Textbooks Page 65 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO eligible for distribution by grade level or subject shall conform to the schedule in use by the KentuckyBoardKentucky Board of EducationfordistributionEducation tothefor distribution to the public schools.

The rules and regulations shall be developed in consultation with the Department of Education and shall conform, within statutory limits, to the rules and regulations already established by the KentuckyBoardKentucky Board of Education.

KRS158.6453KRS 158.6453 is amended toreadto read as follows:

(a) "Accelerated learning" means an organized way of helping students meet individual academic goals by providing direct instruction to eliminate student Page 66 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO performance deficiencies or enable students to move more quickly through course requirements and pursue higher level skill development;

(b) "Constructed-response items" or "performance-based items" means individual test items that require the student to create an answer rather than select a response and may include fill-in-the-blank, short-answer,short- answer, extended-answer, open-response, and writing-on-demand formats;

CHAPTER 113 29 (c) "Criterion-referenced test" means a test that is aligned with defined academic content standards and measures an individual student's level of performance against the standards;

(d) ["End-of-course examination" means the same as defined inKRS158.860;in KRS 158.860;

Writing is a complex, multifaceted act of communication and is distinct from basic Pagehandwriting 67or of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO handwritingor penmanship.

(2) (a) [Beginning in fiscal year 2017-2018, and ]Every six (6) years[ thereafter], the Kentucky Department of Education shall implement a process for reviewing Kentucky's academic standards and the alignment of corresponding assessments for possible revision or replacement to ensure alignment with transition readiness standards necessary for global competitiveness, state career and technical educationstandards,andeducation KRS158.196.standards, and KRS 158.196.

(b) The revisions totheto the content standardsshall:standards shall:

Communicate expectations more clearly and concisely to teachers, parents, students,andstudents, and citizens;

Ensure that the standards are aligned from elementary to high school to postsecondary education so that students can be successful at each educationlevel.education level.

Page 68 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO 2.

One (1) of the four (4) committees shall be assigned to focus on the review of language arts and writing academic standards and assessments, one (1) on the review of mathematics academic standards and assessments, one (1) on the review of science academic standards and assessments, and one (1) on the review of social studies academic standardsandstandards and assessments.

The department shall establish twelve (12) advisory panels to advise and assist each of the four (4) standardsandstandards and assessments review committees.

Each advisory panel shall be composed of at least one (1) representative from a Kentucky institution of higher education and a minimum of six (6) Kentucky public school teachers who Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY teach in the grade level and subject reviewed by the advisory panel to which they are assigned and have no prior or current affiliation with a curriculum or assessment resources vendor.

The standards and assessments process review committee is hereby established and shall be composed of the commissioner of education or Page 69 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO designee as a nonvoting member and nine (9) voting representatives of public schools, of whom at least two (2) shall be parents of public school students,appointedstudents, bytheappointed by the Governor and confirmed by the Senate in accordance with KRS11.160KRS 11.160 as follows:

One (1) social studiesteacher;studies teacher;

and ensure that appointments reflect theminoritythe minority racial composition of theCommonwealth.the Commonwealth.

The review of the committee shall be limited to the procedural aspects of the review process undertaken prior toitsto its consideration.

An independent third party,whichparty, which has no prior or current affiliation with Page 70 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO a curriculum or assessment resources vendor, shall be selected by the department to collect and transmit the comments to the department for dissemination to the appropriate advisory panel for review and consideration.

Each standards and assessments review committee shall review the findings and make recommendations to revise or replace existing standardsandstandards toadjustand to adjust alignment of assessments.

The recommendations shall be published on the website established in this subsection forthefor the purpose of gathering additionalfeedbackfromadditional feedback from the public.

The commissioner shall subsequently provide a report to the standards and assessments process review committee summarizing the process conducted underthissubsectionunder this subsection and the resulting recommendations.

CHAPTER 113 31 6.

After receiving the commissioner's report, the standards and assessments process review committee shall either concur that stakeholders have had adequate opportunity to provide input on standards and the Page 71 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO corresponding alignment of state assessments or find the input process deficient.

If the process is found sufficient, the recommendations shall be forwarded without amendment totheto KentuckyBoardthe Kentucky Board of Education.

(h) The Kentucky Board of Education shall promulgate administrative regulations in accordance with KRSChapterKRS Chapter 13A as may be needed forthefor the administration of the review process, including staggering the timing and sequence of the review process by subject area and remuneration of the review committees and advisory panels described in paragraphs (c) and (d) of this subsection.

Existing academic standardsshallstandards shall be used until new standardsarestandards are implemented.

The Department of Education shall disseminate the academic content standardstotheschoolsstandards to the schools and teacher preparation programs.

IntegratetherevisedIntegrate the revised content standardsintoclassroomstandards into classroom instruction;

Page 72 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO 2.

Help all studentsusestudents use higher-order thinking and communication skills.

(k) The Education Professional Standards Board in cooperation with the Kentucky Board of Education and the Council on Postsecondary Education shall coordinate information and training sessions forfacultyfor faculty and staff in all of the teacher preparation programs in the use of the revised academic content standards.

(l) The Council on Postsecondary Education in cooperation with the Kentucky Department of Education and the postsecondary education institutions in the state shall coordinate information sessions regarding the academic content standardsforfacultystandards whoteachfor faculty who teach in the various content areas.

(b) The board shall revise the annual statewide assessment program as needed in accordance with revised academic standards and corresponding assessment Page 73 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO alignment adjustments approved by the board under subsection (2) of this section.

(c) The statewide assessments shall not include any academic standards not approved by theboardthe undersubsectionboard under subsection (2) of this section.

(d) The board shall seek the adviceofadvice theOfficeofof EducationAccountability;the Office of Education Accountability;

the Education Assessment and Accountability Review Subcommittee, and the department's technical advisory committee in the development of the assessment Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY program.

The statewide assessment program shall not include measurement of a student's ability to become a self-sufficient individual or to become a responsible member of a family, workgroup,work group, or community.

(4) (a) The academic components of the statewide assessment program shall be composed of annual student summative tests, which may include a combination of multiple competency-based assessment and performance measures approved by the KentuckyBoardKentucky Board of Education.

Provide diagnostic information that identifies strengths and academic deficiencies of individual studentsinstudents thecontentin the content areas;

Provide information to teachers that can enable them to improve instruction for current and futurestudents;future students;

Provide longitudinal profiles for students;andstudents; 6.

Ensure school and district6. accountability for student achievement of the goals set forth in KRS 158.645 and 158.6451, except the statewide Page 74 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO assessment program shall not include measurement of a student's ability to become a self-sufficient individual or to become a responsible member of a family, work group, or community.

(5)Ensure Theschool statestudentand assessmentsdistrict accountability for student achievement of the goals set forth in KRS 158.645 and 158.6451, except the statewide assessment program shall not include themeasurement followingof components:a student's ability to become a self-sufficient individual or to become a responsible member of a family, work group, or community.

(a)(5) ElementaryThe andstate middlegradesstudent requirementsassessments are:shall include the following components:

(a) Elementary and middle grades requirements are:

A criterion-referenced test each in mathematics and reading in grades three (3) through eight (8) that is valid and reliable for an individual student and that measures thedepthandthe breadthofdepth Kentucky'sacademicand breadth of Kentucky's academic content standards;

An editing and mechanics test relating to writing, using multiple choice and constructed response items, to be administered one (1) time within the elementary and themiddlethe middle grades, respectively;

A criterion-referenced test in mathematics, reading, and science that is valid and reliable for an individual student and that measures the depth and breadth of Kentucky's academic content standards to be administered one (1) time within thehighthe high school grades;

A criterion-referenced test in social studies that is valid and reliable for an individual student as necessary to measure the depth and breadth of Page 75 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO Kentucky's academic content standards to be administered one (1) time within thehighthe high school grades;

A college admissions examination to assess English, reading, mathematics, and science in thespringthe spring of grade eleven (11);

114-95, or its successor, as determined by the United StatesDepartmentStates Department of Education;

CHAPTER 113 33 (d) The criterion-referenced components required in this subsection shall be composed of constructed response items and multiple choice items;

and (f) ]The results of the assessment program developed under this subsection shall be used by schools and districts to determine appropriate instructional modifications for all students in order for students to make continuous progress, including that needed byadvancedby advanced learners.

The Kentucky Board of Education may change the testing window to allow for innovative assessment systems or other online test administration and shall promulgate administrative regulations that minimize the number of days of testing Page 76 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO and outline the procedures to be used during the testing process to ensure test security, including procedures for testing makeup days, and to comply with federal assessment requirements.

Nothing in this section precludes teachers from using ongoing teacher-teacher-developed developed formative processes.

The results shall be used to inform the teachers and parents or guardians of each student'sskillstudent's skill level.

(10) The state board shall ensure that a technically sound longitudinal comparison of the assessment results for thesamethe studentsshallsame students shall be made available.

(b) If funds are available, the Kentucky Department of Education shall provide a Page 77 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO college admissions examination preparation program to all public high school juniors.

Accommodations provided in a manner allowed by a student's individualized education program as defined in KRS 158.281 for a student whose disability precludes valid assessment of his or her academic abilitiesusingabilities using the accommodations provided under subparagraph 1.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Measure grade appropriate core academic content, basic skills, and higher-higher-order order thinking skills and their application;

If scores are reported for studentsindividually,students theyshallindividually, they shall be valid and reliable;

(c) Minimize the time spent by teachers and studentsonassessment;students on assessment;

and (d) Assess KentuckyacademicKentucky standardsonly.academic standards only.

Assessment reports Page 78 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO provided to the school districts and schools shall include an electronic copy of an operational subset of test items from each assessment administered to their students and the results for each of those test items by student and byschool.by school.

(16) The Administration Code for Kentucky's Assessment Program shall include prohibitions of inappropriate test preparation activities by school district employees charged withtestwith test administration and oversight, including but not limited to theissuethe issue of teachers being required to do test practice in lieu of regular classroom instruction and test practice outside the normal work day.

The code shall include disciplinary sanctions that may be taken toward aschoola school or individuals.

(17) The Kentucky Board of Education, after the Department of Education has received Page 79 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO advice from the Office of Education Accountability;

and the department's technical advisory committee, shall promulgate an administrative regulation under KRS Chapter 13A to establish the components of a reporting structure for assessments administered underthisunder this section.

The reporting structure shall include thefollowingthe following components:

The data shall be disaggregated by gender, race, students withdisabilities,with disabilities, and economic status;

Nonacademic achievement, including the school's attendance, retention, graduationrates,graduation rates, and student transition topostsecondary;to postsecondary;

Any other school performance data required by the Every Student Page 80 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO Succeeds Act of 2015, Pub.

No.114-95,No. or its successor;

(b)114-95, Anor individualits studentsuccessor; report to parents for each student in grades three (3) through eight (8) summarizing the student's skills in reading, science, social studies, and mathematics.

CHAPTER 113 35 (b) An individual student report to parents for each student in grades three (3) through eight (8) summarizing the student's skills in reading, science, social studies, and mathematics.

The department shall develop review committees for the standards for each of the content areas that include representation from certified specialistpublicspecialist public school teachers and postsecondary teachers in those subject areas.

Page 81 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO (d) The Kentucky Department of Education, in consultation with certified public school teachers of visual and performing arts, may develop program standards for thevisualthe visual and performing arts.

(19) The Kentucky Department of Education shall provide to all school districts guidelines forincludingfor including an effectivewritingeffective writing program withinthewithin the curriculum.

The following KRSsectionsKRS sections are repealed:

156.420 Bond conditionsforconditions for person, firm, or corporation offering textbooks.

Page 82 of 83 SB020790.100 - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden UNOFFICIAL COPY 25 RS SB 207/VO 156.430 Violation of bond -- Suit on bond.

156.474 Multiple textbookadoptions.textbook adoptions.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Section 30.

The following KRSsectionsKRS sections are repealed:

160.107 Application and implementation requirements fordistrictsfor districts of innovation.

PageVeto 83Overridden ofMarch 8327, SB020790.1002025. - 1398 - XXXX 3/27/2025 7:05 PM Vetoed and Overridden