KRS § 157.350 — KY Code / Title XIII / Chapter 157 / Section 157.350
157.350 Eligibility of districts for participation in fund to support education excellence in Kentucky
Status: in_force

157.350 Eligibility of districts for participation in fund to support education

excellence in Kentucky.

Each district which meets the following requirements shall be eligible to share in the

distribution of funds from the fund to support education excellence in Kentucky:

(1) Employs and compensates all teachers for not less than one hundred eighty-five

(185) days. The Kentucky Board of Education, upon recommendation of the

commissioner of education, shall prescribe procedures by which this requirement

may be reduced during any year for any district which employs teachers for less

than one hundred and eighty-five (185) days, in which case the eligibility of a

district for participation in the public school fund shall be in proportion to the

length of time teachers actually are employed;

(2) Operates all schools for a minimum school term as provided in KRS 158.070 and

administrative regulations of the Kentucky Board of Education. If the school term is

less than one hundred eighty-five (185) days, including not less than one hundred

seventy (170) student attendance days as defined in KRS 158.070 or one thousand

sixty-two (1,062) hours of instructional time, for any reason not approved by the

Kentucky Board of Education on recommendation of the commissioner, the

eligibility of a district for participation in the public school fund shall be in

proportion to the length of term the schools actually operate;

(3) Compensates all teachers on the basis of a single salary schedule and in conformity

with the provisions of KRS 157.310 to 157.440;

(4) Includes no nonresident pupils in its average daily attendance, except:

(a) 1. Until July 1, 2022, pupils listed under a written agreement, which may

be for multiple years, with the district of the pupils' legal residence.

2. If an agreement cannot be reached, either board may appeal to the

commissioner for settlement of the dispute.

3. The commissioner shall have thirty (30) days to resolve the dispute.

Either board may appeal the commissioner's decision to the Kentucky

Board of Education.

4. The commissioner and the Kentucky Board of Education shall consider

the factors affecting the districts, including but not limited to academic

performance and the impact on programs, school facilities,

transportation, and staffing of the districts.

5. The Kentucky Board of Education shall have sixty (60) days to approve

or amend the decision of the commissioner;

(b) Beginning July 1, 2022, those nonresident pupils admitted pursuant to district

nonresident pupil policies adopted under KRS 158.120; and

(c) A nonresident pupil who attends a district in which a parent of the pupil is

employed. All tuition fees required of a nonresident pupil may be waived for a

pupil who meets the requirements of this paragraph.

This subsection does not apply to those pupils enrolled in an approved class

conducted in a hospital and pupils who have been expelled for behavioral reasons

who shall be counted in average daily attendance under KRS 157.320;

(5) Any secondary school which maintains a basketball team for boys for other than

intramural purposes, shall maintain the same program for girls;

(6) Any school district which fails to comply with subsection (5) of this section shall be

prohibited from participating in varsity competition in any sport for one (1) year.

Determination of failure to comply shall be made by the Department of Education

after a hearing requested by any person within the school district. The hearing shall

be conducted in accordance with KRS Chapter 13B. A district under this subsection

shall, at the hearing, have an opportunity to show inability to comply.