KRS § 157.360 — KY Code / Title XIII / Chapter 157 / Section 157.360
157.360 Base funding level -- Adjustment -- Enforcement of maximum class sizes -- Allotment of program funds -- Recalculation of allocated funds -- Lengthening of school days
Status: in_force

157.360 Base funding level -- Adjustment -- Enforcement of maximum class sizes --

Allotment of program funds -- Recalculation of allocated funds -- Lengthening

of school days.

(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 the prior year's statewide 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 students graduating early under the provisions of 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

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 by the following factors:

(a) The number of at-risk students in the district. At-risk students shall be

identified as those approved for the free lunch program under state and federal

guidelines. The number of at-risk students shall be multiplied by a factor to be

established by the General Assembly. Funds generated under this paragraph

may be used to pay for:

1. Alternative programs for students who are at risk of dropping out of

school before achieving a diploma; and

2. A hazardous duty pay supplement as determined by the local board of

education to the teachers who work in alternative programs with

students who are violent or assaultive;

(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 the calculation of the add-on factor for exceptional children; and

(c) Transportation costs. The per-pupil cost of transportation shall be calculated

as provided by KRS 157.370. Districts which contract to furnish

transportation to 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

graduation scholarship trust fund.

(4) The program to support education excellence in Kentucky shall be fully

implemented by the 1994-95 school year.

(5) (a) Except for those schools which have implemented school-based decision

making, the commissioner of education shall enforce maximum class sizes for

every academic course requirement in all grades except in vocal and

instrumental music, and physical education classes. Except as provided in

subsection (6) of this section, the maximum number of pupils enrolled in a

class shall be as follows:

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

2. Twenty-eight (28) in grade four (4);

3. Twenty-nine (29) in grades five (5) and six (6);

4. Thirty-one (31) in grades 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:

1. Classroom teachers shall not exceed the equivalent of one hundred fifty

(150) pupil hours per day; and

2. Virtual program teachers shall not exceed the equivalent of three

hundred (300) pupil hours per day.

(c) The commissioner of education, upon approval of the Kentucky Board of

Education, shall adopt administrative regulations for enforcing this provision.

These administrative regulations shall include procedures for a superintendent

to request an exemption from the Kentucky Board of Education when unusual

circumstances warrant an increased class size for an individual class. A

request for an exemption shall include specific reasons for the increased class

size with a plan for reducing the class size prior to the beginning of the next

school year. 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) through eight (8).

(d) In all schools the commissioner of education shall enforce the special

education maximum class sizes set by administrative regulations adopted by

the Kentucky Board of Education. A superintendent may request an

exemption pursuant to paragraph (c) of this subsection. A local school council

may request a waiver relating to maximum class size pursuant to KRS

156.161 in the same manner as a local 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

the least restrictive environment.

(6) In grades four (4) through six (6) with combined grades, the maximum class size

shall be the average daily attendance upon which funding is appropriated for the

lowest assigned grade in the class. There shall be no exceptions to the maximum

class size for combined classes. In combined classes other than the primary grades,

no ungraded students shall be placed in a combined class with graded students. In

addition, there shall be no more than two (2) consecutive grade levels combined in

any one (1) class in grades four (4) through six (6). However, this shall not apply to

schools which have implemented school-based decision making.

(7) If a local school district, through its admission and release committee, determines

that an appropriate program in the least restrictive environment for a particular child

with a disability includes either part-time or full-time enrollment with a private

school or agency within the state or a public or private agency in another state, the

school district shall count as average daily attendance in a public school the time

that the child is in attendance at the school or agency, contingent upon approval by

the commissioner of education.

(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

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 to the agreement.

(9) Program funding shall be increased when the average daily attendance in any

district for the first two (2) months of the current school year is greater than the

average daily attendance of the district for the first two (2) months of the previous

school year. The program funds allotted the district shall be increased by the

percent of increase. The average daily attendance in kindergarten is the

kindergarten full-time equivalent pupils in average daily attendance.

(10) If the average daily attendance for the current school year in any district decreases

by ten percent (10%) or more than the average daily attendance for the previous

school year, the average daily attendance for purposes of calculating program

funding for the next school year shall be increased by an amount equal to two-thirds

(2/3) of the decrease in average daily attendance. 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 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 the current school year shall be increased by the difference in

the percentage of attendance for the two (2) years immediately prior to the current

school year less two percent (2%).

(12) (a) Instructional salaries for vocational agriculture classes shall be for twelve (12)

months per year. Vocational agriculture teachers shall be responsible for the

following program of instruction during the time period beyond the regular

school term established by the local board of education: supervision and

instruction of students in agriculture experience programs; group and

individual instruction of farmers and agribusinessmen; supervision of student

members of agricultural organizations who are involved in leadership training

or other activity required by state or federal law; or any program of vocational

agriculture established by the Department of Education. 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 meeting any certification requirement.

(b) Each teacher of agriculture employed shall submit an annual plan for summer

program to the local school superintendent for approval. The summer plan

shall include a list of tasks to be performed, purposes for each task, and time

to be spent on each task. Approval by the local school superintendent shall be

in compliance with the guidelines developed by the Department of Education.

The supervision and accountability of teachers of vocational agriculture's

summer programs shall be the responsibility of the local school

superintendent. The local school superintendent shall submit to the

commissioner of education a completed report of summer tasks for each

vocational agriculture teacher. Twenty percent (20%) of the approved

vocational agriculture programs shall be audited annually by the State

Department of Education to determine that the summer plan has been properly

executed.

(13) (a) In allotting program funds for home and hospital instruction, statewide

guaranteed base funding, excluding the capital outlay, shall be allotted for

each child in average daily attendance in the prior school year who has been

properly identified according to Kentucky Board of Education administrative

regulations. Attendance shall be calculated pursuant to KRS 157.270 and shall

be reported monthly on forms provided by the Department of Education; 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. A reimbursement formula shall be established by administrative

regulations to include such factors as a reasonable per hour, per child

allotment for teacher instructional time, with a maximum number of funded

hours per week, a reasonable allotment for teaching supplies and equipment,

and a reasonable allotment for travel expenses to and from instructional

assignments, but the formula shall not include an allotment for capital outlay.

Attendance shall be calculated pursuant to KRS 157.270 and shall be reported

annually on forms provided by the Department of Education.

(14) Except for those schools which have implemented school-based decision making

and the school council has voted to waive this subsection and for virtual programs,

kindergarten aides shall be provided for each twenty-four (24) full-time equivalent

kindergarten students enrolled.

(15) Effective July 1, 2001, there shall be no deduction applied against the base funding

level for any pupil in average daily attendance who spends a portion of his or her

school day in a program at a state-operated career and technical education or

vocational facility.

(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

attendance for the twenty (20) day school month as defined in KRS 158.060(2) 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 education excellence in Kentucky.

(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.

The value of the real estate used in this calculation shall be the lesser of the current

year assessment or the prior year assessment increased by four percent (4%) plus

the value of current year new property. The calculation under this subsection shall

be subject to available funds.

(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 education excellence in Kentucky.