Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
160.345
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
160.345(7) authorizes the
Kentucky Board of Education (KBE) to make final approval of applications for
alternative models for school-based decision making (SBDM).
KRS
160.345(5) requires the KBE
to exempt, upon request, a school that meets the requirements of
KRS
160.345(5) from implementing
SBDM.
KRS
160.345(6) requires new and
experienced SBDM members to complete professional development activities
provided by the Kentucky Department of Education (department) through providers
that have been endorsed by the department.
KRS
160.345(6) requires the
department to collect the names and addresses for each SBDM member. This
administrative regulation establishes the SBDM database and associated
reporting requirements, the application process and approval criteria for
alternative models for SBDM, exemption requirements, training requirements for
SBDM members, and the provider-training requirements for department
endorsement.
Section 1. Definitions.
(1) "Parent" is defined by
KRS
160.345(1)(d).
(2) "Teacher" is defined by
KRS
160.345(1)(c).
Section 2. Alternative Models for
School-Based Decision Making.
(1) On or after
January 1 and prior to March 1 of each calendar year, a school choosing to
develop an alternative model for school-based decision making (SBDM) pursuant
to
KRS
160.345(7) shall submit a
completed Alternative School-Based Decision Making Application through the
school's local board of education to the Commissioner of Education
(Commissioner) for consideration by the Kentucky Board of Education
(KBE).
(2) The Kentucky Department
of Education (department) shall provide technical assistance, upon request, to
districts prior to submission of the Alternative School-Based Decision Making
Application to help ensure minimum compliance with the required components
established in
KRS
160.345(7).
(3) Within thirty (30) days from receipt of a
completed Alternative School-Based Decision Making Application, the
commissioner or the commissioner's designee shall review and recommend that the
KBE approve or deny the Alternative School-Based Decision Making Application,
based on the requirements established in this administrative
regulation.
(4) At the next
regularly scheduled meeting of the KBE following the receipt of the
recommendation from the commissioner or the commissioner's designee, pursuant
to subsection (3) of this section, the KBE shall approve or deny the
Alternative School-Based Decision Making Application.
(5) Implementation of an approved Alternative
School-Based Decision Making Application shall begin on July 1 unless otherwise
stated in the Alternative School-Based Decision Making Application submitted to
and approved by the KBE pursuant to this administrative regulation.
(6) An alternative SBDM model approved by the
KBE shall undergo annual review by the department but shall be valid until the
earlier of the following occurs:
(a) The
school implements a traditional SBDM that complies with
KRS
160.345 following a majority vote by the
existing SBDM to do so and evidence of the council's majority vote to reinstate
the traditional SBDM model is communicated in writing to the
department;
(b) The school
qualifies for and is granted, as applicable, an SBDM exemption under Section 3
of this administrative regulation;
(c) The school is identified for
comprehensive support and improvement and has its SBD authority transferred to
the superintendent pursuant to
KRS
160.346; or
(d) The KBE revokes approval for the
alternative SBDM model.
(7) The department shall maintain a record of
all schools that apply for an alternative SBDM model and a record of all
approved alternative SBDM models.
(8) An Alternative School-Based Decision
Making Application shall not be necessary for changes to an SBDM that maintain
the parent, teacher, and administrator voting membership ratio established in
KRS
160.345. An SBDM may add one (1) or more
non-voting members upon a majority vote of the existing SBDM without submission
of an Alternative School-Based Decision Making Application.
Section 3. Exemptions from
School-Based Decision Making.
(1) On or after
January 1 and prior to March 1 of each calendar year, a school required to
implement school-based decision making pursuant to
KRS
160.345 may seek an SBDM exemption. A request
for exemption shall be made by submitting a written request to the commissioner
for consideration by the KBE.
(2)
The department shall provide technical assistance, upon request, to districts
prior to submission of the written request to help ensure minimum compliance
with the required components established in
KRS
160.345(5).
(3) Within thirty (30) days from receipt of
the written request, the commissioner or the commissioner's designee shall
review and verify that the school meets the requirements established in
KRS
160.345(5).
(4) Once the commissioner or the
commissioner's designee has verified that the school meets the requirements
established in
KRS
160.345(5), the school's
written request shall be submitted to the KBE for final approval pursuant to
KRS
160.345(5). If the
commissioner or the commissioner's designee is unable to verify that the school
has met the requirements for exemption established in
KRS
160.345(5), the commissioner
or the commissioner's designee shall recommend that the KBE deny the exemption
request.
(5) Implementation of an
approved school-based decision making exemption shall begin on July 1 unless
otherwise stated in the written request submitted to and approved by the
KBE.
(6) An SBDM exemption approved
by the KBE shall be valid for one (1) school year. A school may annually
re-apply for an SBDM exemption if it meets the requirements established in
KRS
160.345(5).
(7) The department shall maintain a record of
all schools that apply for an SBDM exemption and a record of all approved SBDM
exemptions.
Section 4.
Training for School-Based Decision Making Members.
(1) SBDM members shall satisfy training
required under
KRS
160.345 by completing department-provided
training or training provided by individuals that have been endorsed by the
department to provide training.
(2)
To be endorsed by the department to provide SBDM member training, an individual
shall successfully complete a training program administered by the department,
on an annual basis. This training shall include modules on effective training
and the duties, authority, and responsibilities of SBDM members and councils as
authorized by
KRS
160.345.
(3) The department shall maintain a record of
individuals that it has endorsed to provide training to SBDM members.
(4) Individuals the department has endorsed
to provide training to SBDM members shall use training modules developed or
approved by the department pursuant to subsection (6) of this section. Training
modules shall provide professional development to SBDM members on the duties,
authority, and responsibilities of SBDM members and councils as authorized by
KRS
160.345.
(5) If an individual the department has
endorsed to provide training to SBDM members would like to use non-department
training modules to meet the requirements of
KRS
160.345(6), the training
modules shall be approved in advance by the department pursuant to subsection
(6) of this section.
(6) To have a
training module approved by the department, an individual or entity shall
submit in writing to the department for review:
(a) The title of module;
(b) The number of training hours the module
provides;
(c) The intended audience
of the module;
(d) An overview of
the module, including topics addressed and anticipated outcomes for attendees;
and
(e) All materials to be
presented as part of the training, including written, audio, and video
materials.
(7) The
department shall maintain a record of non-department trainings that have
complied with
KRS
160.345(6).
Section 5. Database of
School-Based Decision Making Members.
(1) By
November 1 of each year, each school shall provide the following information to
the department:
(a) The names and addresses
of each SBDM member; and
(b)
Verification that each SBDM member has completed the training required by
KRS
160.345(6).
(2) The department shall maintain
a database of all SBDM members, including training verifications for SBDM
members.
Section 6.
Incorporation by Reference.
(1) "Alternative
School-Based Decision Making Application," February 2021 is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Kentucky Department of Education, Office of Continuous Improvement and Support,
300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m.
This is to certify that the chief state school officer has
reviewed and recommended this administrative regulation prior to its adoption
by the Kentucky Board of Education, as required by
KRS
156.070(5).
18 Ky.R. 219; 685;
eff. 9-6-1991; 21 Ky.R. 2241; eff. 6-1-1995; Crt eff. 11-16-2018; 47 Ky.R.
2471; 48 Ky.R. 795; eff. 11-30-2021.
STATUTORY AUTHORITY:
KRS
156.070,
160.345