156.160 Promulgation of administrative regulations by Kentucky Board of Education -- Voluntary compliance -- Penalty.
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<![CDATA[156.160 Promulgation of administrative regulations by Kentucky Board of Education -- Voluntary compliance -- Penalty. (1) With the advice of the Local Superintendents Advisory Council, the Kentucky Board of Education shall promulgate administrative regulations establishing <br>standards which school districts shall meet in student, program, service, and <br>operational performance. These regulations shall comply with the expected <br>outcomes for students and schools set forth in KRS 158.6451. Administrative <br>regulations shall be promulgated for the following: <br>(a) Courses of study for the different grades and kinds of common schools identifying the common curriculum content directly tied to the goals, <br>outcomes, and assessment strategies developed under KRS 158.645, <br>158.6451, and 158.6453 and distributed to local school districts and schools. <br>The administrative regulations shall provide that: <br>1. If a school offers American sign language, the course shall be accepted <br>as meeting the foreign language requirements in common schools <br>notwithstanding other provisions of law; and 2. If a school offers the Reserve Officers Training Corps program, the <br>course shall be accepted as meeting the physical education requirement <br>for high school graduation notwithstanding other provisions of law; (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 <br>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. Student scores <br>from any assessment administered under KRS 158.6453 that are determined <br>by the National Technical Advisory Panel to be valid and reliable at the <br>individual level shall be included on the student transcript. The National <br>Technical Advisory Panel shall submit its determination to the commissioner <br>of education and the Legislative Research Commission; (e) 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. <br>The board shall create a statewide student identification numbering system <br>based on students' Social Security numbers. The system shall provide a <br>student identification number similar to, but distinct from, the Social Security <br>number, for each student who does not have a Social Security number or <br>whose parents or guardians choose not to disclose the Social Security number <br>for the student; (f) Sanitary and protective construction of public school buildings, toilets, physical equipment of school grounds, school buildings, and classrooms. With <br>respect to physical standards of sanitary and protective construction for school buildings, the Kentucky Board of Education shall adopt the Uniform State <br>Building Code; (g) Medical inspection, physical and health education and recreation, and other regulations necessary or advisable for the protection of the physical welfare <br>and safety of the public school children. The administrative regulations shall <br>set requirements for student health standards to be met by all students in <br>grades four (4), eight (8), and twelve (12) pursuant to the outcomes described <br>in KRS 158.6451. The administrative regulations shall permit a student who <br>received a physical examination no more than six (6) months prior to his <br>initial admission to Head Start to substitute that physical examination for the <br>physical examination required by the Kentucky Board of Education of all <br>students upon initial admission to the public schools, if the physical <br>examination given in the Head Start program meets all the requirements of the <br>physical examinations prescribed by the Kentucky Board of Education; (h) A vision examination by an optometrist or ophthalmologist that shall be required by the Kentucky Board of Education. The administrative regulations <br>shall require evidence that a vision examination that meets the criteria <br>prescribed by the Kentucky Board of Education has been performed. This <br>evidence shall be submitted to the school no later than January 1 of the first <br>year that a three (3), four (4), five (5), or six (6) year-old child is enrolled in a <br>public school, public preschool, or Head Start program; (i) 1. Beginning with the 2010-2011 school year, a dental screening or <br>examination by a dentist, dental hygienist, physician, registered nurse, <br>advanced practice registered nurse, or physician assistant that shall be <br>required by the Kentucky Board of Education. The administrative <br>regulations shall require evidence that a dental screening or examination <br>that meets the criteria prescribed by the Kentucky Board of Education <br>has been performed. This evidence shall be submitted to the school no <br>later than January 1 of the first year that a five (5) or six (6) year-old <br>child is enrolled in a public school. 2. A child shall be referred to a licensed dentist if a dental screening or <br>examination performed by anyone other than a licensed dentist identifies <br>the possibility of dental disease; (j) The transportation of children to and from school; <br>(k) The fixing of holidays on which schools may be closed and special days to be observed, and the pay of teachers during absence because of sickness or <br>quarantine or when the schools are closed because of quarantine; (l) The preparation of budgets and salary schedules for the several school districts under the management and control of the Kentucky Board of Education; (m) A uniform series of forms and blanks, educational and financial, including forms of contracts, for use in the several school districts; and (n) The disposal of real and personal property owned by local boards of education. (2) (a) At the request of a local board of education or a school council, a local school district superintendent shall request that the Kentucky Board of Education <br>waive any administrative regulation promulgated by that board. Beginning in <br>the 1996-97 school year, a request for waiver of any administrative regulation <br>shall be submitted to the Kentucky Board of Education in writing with <br>appropriate justification for the waiver. The Kentucky Board of Education <br>may approve the request when the school district or school has demonstrated <br>circumstances that may include but are not limited to the following: <br>1. An alternative approach will achieve the same result required by the <br>administrative regulation; 2. Implementation of the administrative regulation will cause a hardship on <br>the school district or school or jeopardize the continuation or <br>development of programs; or 3. There is a finding of good cause for the waiver. (b) The following shall not be subject to waiver: 1. Administrative regulations relating to health and safety; 2. Administrative regulations relating to civil rights; 3. Administrative regulations required by federal law; and 4. Administrative regulations promulgated in accordance with KRS <br>158.6451, 158.6453, 158.6455, 158.685, and this section, relating to <br>measurement of performance outcomes and determination of successful <br>districts or schools, except upon issues relating to the grade <br>configuration of schools. (c) Any waiver granted under this subsection shall be subject to revocation upon a determination by the Kentucky Board of Education that the school district or <br>school holding the waiver has subsequently failed to meet the intent of the <br>waiver. (3) Any private, parochial, or church school may voluntarily comply with curriculum, certification, and textbook standards established by the Kentucky Board of <br>Education and be certified upon application to the board by such schools. (4) Any public school that violates the provisions of KRS 158.854 shall be subject to a penalty to be assessed by the commissioner of education as follows: <br>(a) The first violation shall result in a fine of no less than one (1) week's revenue from the sale of the competitive food; (b) Subsequent violations shall result in a fine of no less than one (1) month's revenue from the sale of the competitive food; (c) "Habitual violations," which means five (5) or more violations within a six (6) month period, shall result in a six (6) month ban on competitive food sales for <br>the violating school; and (d) Revenue collected as a result of the fines in this subsection shall be transferred to the food service fund of the local school district. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 85, sec. 27, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 92, sec. 1, effective July 15, 2008; and ch. 134, sec. 12, effective <br>July 15, 2008. -- Amended 2005 Ky. Acts ch. 84, sec. 1, effective June 20, 2005. -- <br>Amended 2004 Ky. Acts ch. 97, sec. 2, effective July 13, 2004. -- Amended 2002 <br>Ky. Acts ch. 148, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 308, <br>sec. 8, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 204, sec. 1, effective <br>July 15, 1998; ch. 434, sec. 2, effective July 15, 1998; and ch. 598, sec. 9, effective <br>April 14, 1998. -- Amended 1996 Ky. Acts ch. 7, sec. 1, effective July 15, 1996; and <br>ch. 362, sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 98, sec. 8, <br>effective July 15, 1994; ch. 354, sec. 3, effective July 15, 1994; and ch. 404, sec. 1, <br>effective July 15, 1994 -- Amended 1992 Ky. Acts ch. 195, sec. 10, effective April 3, <br>1992; ch. 362, sec. 1, effective July 14, 1992; and ch. 444, sec. 1, effective July 14, <br>1992. -- Amended 1990 ch. 453, sec. 2, effective July 13, 1990; and ch. 476, Pt. I, <br>sec. 31, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 297, sec. 1, effective <br>July 13, 1984. -- Amended 1978 Ky. Acts ch. 117, sec. 16, effective August 31, <br>1979; and ch. 155, sec. 90, effective June 17, 1978. -- Amended 1974 Ky. Acts <br>ch. 348, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, <br>1942, from Ky. Stat. secs. 4384-17, 4384-21, 4384-22, 4384-24 to 4384-30. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 204, 434, and 598. Where these Acts are not in conflict, they have been <br>codified together. Where a conflict exists between chs. 434 and 598, Acts ch. 598, <br>which was last enacted by the General Assembly, prevails under KRS 446.250. ]]>