Kentucky Administrative Regulations
Title 702 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION - OFFICE OF DISTRICT SUPPORT SERVICES
Chapter 3 - School Administration and Finance
Section 702 KAR 3:190 - Maximum class sizes
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 157.360
NECESSITY, FUNCTION, AND CONFORMITY: KRS 157.360(4) prescribes that except for those schools that have implemented school-based decision making, hereafter referred to as SBDM, the chief state school officer shall enforce maximum class sizes for every academic course requirement in all grades, except in vocal and instrumental music, and physical education classes and shall establish procedures for exemptions to the above. This administrative regulation implements the functions and prescribes criteria for granting class size exemptions.
Section 1. Definitions.
Section 2. Classes shall be within the maximum class size by September 15 of each school year. In a SBDM school, requests for exemptions from class size maximums shall not be required except for special education service delivery and case load. A SBDM school shall serve all students assigned by the local superintendent; however, local boards shall provide SBDM schools the same resources for personnel on the same basis as non-SBDM schools.
Section 3.
Section 4. In order to be in compliance by September 15, a superintendent of a local school district may request approval from the State Board for Elementary and Secondary Education for a one (1) year restricted exemption of no more classes than enroll twenty (20) percent of the pupils in the primary program and grades four (4) through eight (8) in each school, when unusual circumstances are believed to warrant an increased class size. No restricted exemptions shall be granted for classes in grades nine (9) through twelve (12).
Section 5. Since the district shall provide a plan to alleviate the overcrowding problem, a school granted a restricted exemption in a grade shall not be granted a restricted exemption in that grade or the next grade for the following year. Transferring of students between schools in subsequent years for the purpose of qualifying for an exemption shall not be approvable.
Section 6.
Section 7.
Section 8.
Section 9. The services of an aide shall be provided immediately upon approval of all class size exemptions, whether restricted or annual
Section 10. The State Board for Elementary and Secondary Education, through the chief state school officer, shall enforce this administrative regulation through monitoring and update reports submitted by the local school districts on September 15 and January 31 of each school year. Classes that exceed cap size by no more than two (2) students during the last month of the school year shall not require an exemption.
Section 11. Failure to comply with this administrative regulation may, in addition to other appropriate sanctions, result in the local superintendent and principal being charged with willful neglect of duty pursuant to KRS 156.132.
STATUTORY AUTHORITY: KRS 156.070, 157.360