KRS § 158.070 — KY Code / Title XIII / Chapter 158 / Section 158.070
158.070 Definitions -- School district calendar committee -- School calendar adoption procedures -- Variable student instructional year -- Professional development -- Holidays and days closed -- Waivers -- Scheduling of athletic competitions -- Continuing education for students -- Student attendance days and their equivalents in instructional year -- Nontraditional instruction program -- Administrative regulations -- Breakfast program -- Calculation of service credit and equivalent time for days missed by employees due to emergencies
Status: in_force

158.070 Definitions -- School district calendar committee -- School calendar

adoption procedures -- Variable student instructional year -- Professional

development -- Holidays and days closed -- Waivers -- Scheduling of athletic

competitions -- Continuing education for students -- Student attendance days

and their equivalents in instructional year -- Nontraditional instruction

program -- Administrative regulations -- Breakfast program -- Calculation of

service credit and equivalent time for days missed by employees due to

emergencies.

(1) As used in this section:

(a) "Election" has the same meaning as in KRS 121.015;

(b) "Minimum school term" or "school term" means not less than one hundred

eighty-five (185) days composed of the student attendance days, teacher

professional days, and holidays;

(c) "School calendar" means the document adopted by a local board of education

that establishes the minimum school term, student instructional year or

variable student instructional year, and days that school will not be in session;

(d) "School district calendar committee" means a committee that includes at least

the following:

1. One (1) school district principal;

2. One (1) school district office administrator other than the

superintendent;

3. One (1) member of the local board of education;

4. Two (2) parents of students attending a school in the district;

5. One (1) school district elementary school teacher;

6. One (1) school district middle or high school teacher;

7. Two (2) school district classified employees; and

8. Two (2) community members from the local chamber of commerce,

business community, or tourism commission;

(e) "Student attendance day" means any day that students are scheduled to be at

school to receive instruction, and encompasses the designated start and

dismissal time;

(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 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; and

(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

under KRS 161.500, and funding under KRS 157.350.

(2) (a) The local board of education, upon recommendation of the local school

district superintendent, shall annually appoint a school district calendar

committee to review, develop, and recommend school calendar options.

(b) The school district calendar committee, after seeking feedback from school

district employees, parents, and community members, shall recommend

school calendar options to the local school district superintendent for

presentation to the local board 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.

(c) Prior to adopting a school calendar, the local board of education shall hear for

discussion the school district calendar committee's recommendations and the

recommendation of the superintendent at a meeting of the local board of

education.

(d) During a subsequent meeting of the local board of education, the local board

shall adopt a school calendar for the upcoming school year that establishes the

opening and closing dates of the school term, beginning and ending dates of

each school month, student attendance days, and days on which schools shall

be dismissed. The local board may schedule days for breaks in the school

calendar that shall not be counted as a part of the minimum school term.

(e) For local board of education meetings described in paragraphs (c) and (d) of

this subsection, if the meeting is a regular meeting, notice shall be given to

media outlets that have requests on file to be notified of special meetings

stating the date of the regular meeting and that one (1) of the items to be

considered in the regular meeting will be the school calendar. The notice shall

be sent at least twenty-four (24) hours before the regular meeting. This

requirement shall not be deemed to make any requirements or limitations

relating to special meetings applicable to the regular meeting.

(f) A local school board of education that adopts a school calendar with the first

student attendance day in the school term starting no earlier than the Monday

closest to August 26 may use a variable student instructional year. 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

seven (7) hours of instructional time unless the district submitted and received

approval from the commissioner of education for an innovative alternative

calendar.

(3) (a) Each local board of education shall use four (4) days of the minimum school

term for professional development and collegial planning activities for the

professional staff without the presence of students pursuant to the

requirements of KRS 156.095. At the discretion of the superintendent, one (1)

day of professional development may be used for district-wide activities and

for training that is mandated by federal or state law. The use of three (3) days

shall be planned by each school council, except that the district is encouraged

to provide technical assistance and leadership to school councils to maximize

existing resources and to encourage shared planning.

(b) 1. 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) days that a teacher shall be employed.

2. A flexible schedule option shall be reflected in the school's professional

development component within the school improvement plan and

approved by the local board. Credit for approved professional

development activities may be accumulated in periods of time other than

full day segments.

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 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. The supervisor shall give prior

approval and shall monitor compliance with the requirements of this

paragraph. In the case of teachers, a professional development

committee or the school council by council policy may be responsible

for reviewing requests for approval.

(c) The local board of each school district may use up to a maximum of four (4)

days of the minimum school term for holidays; provided, however, any

holiday which occurs on Saturday may be observed on the preceding Friday.

(d) Each local board may use two (2) days for planning activities without the

presence of students.

(e) Each local board may close schools for the number of days deemed necessary

for:

1. National or state emergency or mourning when proclaimed by the

President of the United States or the Governor of the Commonwealth of

Kentucky;

2. Local emergency which would endanger the health or safety of children;

and

3. Mourning when so designated by the local board of education and

approved by the Kentucky Board of Education 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

the use of student attendance days as a result of a local emergency, as

described in subsection (3)(e)2. of this section, and regulations setting forth

the guidelines and procedures to be observed for the approval of waivers from

the requirements of a student instructional year in subsection (1)(f) of this

section for districts that wish to adopt innovative instructional calendars, or

for circumstances that would create extreme hardship.

(b) If a local board of education amends its school calendar after its adoption due

to an emergency, it may lengthen or shorten any remaining student attendance

days by thirty (30) minutes or more, as it deems necessary, provided the

amended calendar complies with the requirements of a student instructional

year in subsection (1)(f) of this section or a variable student instructional year

in subsection (1)(h) of this section. No student attendance day shall contain

more than seven (7) hours of instructional time unless the district submitted

and received approval from the commissioner of education for an innovative

alternative calendar.

(5) (a) 1. In setting the school calendar, school may be closed for two (2)

consecutive days for the purpose of permitting professional school

employees to attend statewide professional meetings.

2. These two (2) days for statewide professional meetings may be

scheduled to begin with the first Thursday after Easter, or upon request

of the statewide professional education association having the largest

paid membership, the commissioner of education may designate

alternate dates.

3. 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 substitute teachers in their absence.

4. The commissioner of education shall designate one (1) additional day

during the school year when schools may be closed to permit

professional school employees to participate in regional or district

professional meetings.

5. These three (3) days so designated for attendance at professional

meetings may be counted as a part of the minimum school term.

(b) If any school in a district is used as a voting place pursuant to KRS 117.065,

the school district may be closed on the days of the election, and those days

may be used for professional development activities, professional meetings, or

parent-teacher conferences.

(c) All schools shall be closed on the third Monday of January in observance of

the birthday of Martin Luther King, Jr. Districts may:

1. Designate the day as one (1) of the four (4) holidays permitted under

subsection (3)(c) of this section; or

2. Not include the day in the minimum school term specified in subsection

(1) of this section.

(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

attendance day.

(b) Any member of a school-sponsored interscholastic athletic team who

competes in a regional tournament or state tournament sanctioned by the

Kentucky Board of Education, or 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

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

to complete any assignments missed on the date or dates of the competition.

(c) The school attendance record of any student for whom paragraph (b) of this

subsection applies shall indicate that the student was in attendance on the date

or dates of competition.

(7) Schools shall provide continuing education for those students who are determined

to need additional time to achieve the outcomes defined in KRS 158.6451, and

schools shall not be limited to the minimum school term in providing this

education. Continuing education time may include extended days, extended weeks,

or extended years. A local board of education may adopt a policy requiring its

students to participate in continuing education. The local policy shall set out the

conditions under which attendance will be required and any exceptions which are

provided. The Kentucky Board of Education shall promulgate administrative

regulations establishing criteria for the allotment of grants to local school districts

and shall include criteria by which the commissioner of education may approve a

district's request for a waiver under KRS 156.161 to use an alternative service

delivery option, including providing services during the student attendance day on a

limited basis. These grants shall be allotted to school districts to provide

instructional programs for pupils who are identified as needing additional time to

achieve the outcomes defined in KRS 158.6451. 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 the 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

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. The district's plan shall indicate how the

nontraditional instruction process shall be a continuation of learning that is

occurring on regular student attendance days. Instructional delivery methods,

including the use of technology, shall be clearly delineated in the plan. Average

daily attendance for purposes of Support Education Excellence in Kentucky

program funding during the student attendance days granted shall be calculated in

compliance with administrative regulations promulgated by the Kentucky Board of

Education.

(9) The Kentucky Board of Education shall promulgate administrative regulations to

prescribe the conditions and procedures for districts to be approved for the

nontraditional instruction program. Administrative regulations promulgated by the

board under this section shall specify:

(a) The application, plan review, approval, and amendment process;

(b) Reporting requirements for districts approved for the program, which may

include but are not limited to examples of student work, lesson plans, teacher

work logs, and student and teacher participation on nontraditional instruction

days. Documentation to support the use of nontraditional instruction days

shall include clear evidence of learning continuation;

(c) Timelines for initial approval as a nontraditional instruction district, length of

approval, the renewal process, and ongoing evaluative procedures required of

the district;

(d) Reporting and oversight responsibilities of the district and the Kentucky

Department of Education, including the documentation required to show clear

evidence of learning continuation during nontraditional instruction days; and

(e) Other components deemed necessary to implement this section.

(10) Notwithstanding the provisions of KRS 158.060(4) 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. The superintendent of a school district that participates in the

Federal School Breakfast Program may also authorize up to fifteen (15) minutes of

the student attendance day to provide the opportunity for children to eat breakfast

during instructional time.

(11) Notwithstanding any other statute to the contrary, the following provisions shall

apply to a school district that misses student attendance days due to emergencies,

including weather-related emergencies:

(a) A certified school employee shall be considered to have fulfilled the

minimum one hundred eighty-five (185) day contract with a school district

under KRS 157.350 and shall be given credit for the purpose of calculating

service credit for retirement under KRS 161.500 for certified school personnel

if:

1. 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; and

2. The provisions 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 additional instructional time per day, are met.

(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:

1. 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 due to an emergency;

2. The employee's contract requires a minimum six (6) hour work day; and

3. The employee's job responsibilities and work day are extended when the

instructional time is extended for the purposes of making up time.

(c) Classified employees who are regularly scheduled to work less than six (6)

hours per day and who do not have additional work responsibilities as a result

of lengthened student attendance days shall be excluded from the provisions

of this subsection. These employees may be assigned additional work

responsibilities to make up service credit under KRS 78.615 that would be

lost due to lengthened student attendance days.