reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:051 - Dealer and salesman

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				190.010,
				190.030
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.030 requires a salesman's license to
				indicate for whom the salesman works and to be displayed upon request. This
				administrative regulation establishes the relationship between the dealership
				and salesman and implements statutory requirements to facilitate accurate
				recordkeeping by the Motor Vehicle Commission.
Section 1.
(1) All activity of a licensed motor vehicle
			 salesman shall be pursuant to the salesman's employment by the licensee whose
			 name appears on the salesman's license.
(2) A salesman shall not establish a place of
			 business separate from the location for which his employer holds a
			 license.
(3) A salesman shall not
			 hold himself out to be a licensed dealer or conduct himself in any manner which
			 would lead a prospective purchaser to believe he is a licensed
			 dealer.
(4) A salesman shall not
			 advertise the sale or purchase of a motor vehicle. This subsection shall not
			 prohibit licensed motor vehicle dealers from identifying or including salesmen
			 in advertisements of the dealership.
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:060 - Temporary off-site sale or display event

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186A.220(5),
				190.030(7),
				(11),
				190.035,
				190.047
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.030(7) requires a motor
				vehicle dealer to restrict the sale or display of motor vehicles to the
				location of the dealer's licensed place of business except that a motor vehicle
				dealer may have a temporary off-site sale or display of motor vehicles at a
				location other than the licensed place of business under certain conditions.
				KRS
				190.030(1) authorizes the
				Motor Vehicle Commission to provide by administrative regulation for "other
				licensee activities and an appropriate fee". This administrative regulation
				establishes the application requirements for holding a temporary sale or
				display event.
Section 1. Definition.
			 "Display" means:
(1) A showing of a motor
			 vehicle or vehicles with an intent to attract or further a sale of the motor
			 vehicle or vehicles or similar motor vehicles offered by a motor vehicle dealer
			 at a location in this state where no sale, transfer, or test drive takes place;
			 or
(2) Any showing of a motor
			 vehicle at a location for more than forty-eight (48) hours.
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:071 - Change of ownership

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				190.030
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.030 requires each separate entity acting
				as a dealer to have a license and to make needed reports to the Motor Vehicle
				Commission. This administrative regulation establishes requirements for change
				of ownership of dealer licenses, particularly if a sale or transfer occurs, so
				that the commission can be on notice of who actually holds a license.
Section 1.
(1) All licenses issued by the commission are
			 non-transferable.
(2) A complete
			 change of ownership of a licensee shall require a new Application for Motor
			 Vehicle Dealer License, TC 98-1, incorporated by reference in
			 605 KAR 1:030 and
			 the appropriate fee.
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:091 - Motor vehicle dealership names

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				190.040
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.040(1)(i) authorizes a
				license to be denied, suspended, or revoked for false or misleading
				advertising. This administrative regulation establishes provisions against
				false or misleading advertising that prohibit the use of the name of a make of
				motor vehicle in the business name of a used motor vehicle dealer and the use
				of a dealership name that is so similar to the name of an existing dealership
				that it would confuse or mislead the public.
Section 1. The trade name of a licensee shall
			 incorporate the words used cars, auto sales, auto mart, or other similar
			 wording clearly identifiable as a motor vehicle dealer.
(1) A licensee, other than a franchised new
			 motor vehicle dealer, shall not use the name of any make of motor vehicle as a
			 part of the dealership business name.
(2) The adoption of the name of a make of
			 motor vehicle in a trade name or advertising in this manner shall constitute
			 false or misleading advertising within the meaning of
			 KRS
			 190.040 and shall be grounds for the denial,
			 suspension, or revocation of a license.
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:131 - Procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				190.058,
				190.062
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.058 authorizes the Motor Vehicle
				Commission to adopt procedures to carry out the functions and duties conferred
				upon it by KRS Chapter 190. This administrative regulation establishes the
				proper form of procedure and practice before the Motor Vehicle
				Commission.
Section 1. Hearings.
			 Hearings shall be conducted as established in this administrative regulation
			 and KRS Chapter 13B. All testimony shall be transcribed.
Section 2. Appearances. A licensee who is a
			 natural person may appear and be heard in person, or with or by a duly
			 appointed attorney. A licensee that is an artificial entity shall be
			 represented only by an attorney licensed or authorized to practice in
			 Kentucky.
Section 3. Additional
			 Hearings. The commission may, on its own motion, prior to its determination,
			 require an additional hearing. Notice to all interested parties establishing
			 the date of the hearing shall be given in writing by the executive
			 director.
Section 4. Briefs. Briefs
			 may be filed as a matter of right. All briefs shall be concise and shall be
			 typewritten or printed. The time allowed for filing briefs shall be designated
			 by the hearing officer.
Section 5.
			 Continuances. Continuances shall be granted if a continuance is in the interest
			 of justice and if requested at least forty-eight (48) hours in advance of the
			 hearing date.
Section 6.
			 Depositions. Depositions may be taken only when authorized by the hearing
			 officer. The provisions of the Civil Rules governing the taking of depositions
			 shall be applicable.
Section 7.
(1) Except as otherwise provided by KRS
			 Chapter 13B, the rules of evidence governing civil proceedings in the courts of
			 the Commonwealth of Kentucky shall govern hearings before the commission,
			 unless the hearing officer relaxes the rules if the ends of justice will be
			 better served by so doing.
(2)
			 Judicial notice.
(a) If called to the
			 attention of the hearing officer, judicial notice may be taken of any matter
			 situated in the files of the commission, the Department of Revenue or the
			 Transportation Cabinet, any action pending that involves the commission, or
			 other matters of which a court of Kentucky may take judicial notice.
(b) A brief statement recognizing the matter
			 shall be made in the transcript by the hearing officer.
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:160 - Motor vehicle component manufacturers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.070, 190.010-190.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.030 authorizes the Motor Vehicle
				Commission to provide by administrative regulation for other licensee
				activities. The function of this administrative regulation is to provide a
				means for motor vehicle component manufacturers to qualify for a license and to
				otherwise conduct necessary business functions in accordance with applicable
				state laws and administrative regulations.
Section
			 1. Definition. "Motor vehicle component manufacturer" means any
			 resident person, partnership, firm, association, corporation or trust, who
			 manufactures or assembles components or constituent parts, for inclusion in the
			 final assembly of new motor vehicles, in this state, but is not otherwise
			 involved in the distribution or sale of motor vehicles.
Section 2. The license fee for a calendar
			 year or any part of a calendar year for a motor vehicle component manufacturer
			 shall be $100.
Section 3. The
			 following statutes and administrative regulations shall apply to a licensee or
			 applicant for a license under this administrative regulation:
			 KRS
			 186.070,
			 190.020,
			 190.030(4),
			 (5), (7), (9), (11),
			 190.033,
			 190.040,
			 190.053,
			 190.057,
			 190.058,
			 190.059,
			 605 KAR
			 1:070, and
			 605 KAR
			 1:130.
Section
			 4. A licensee licensed under this administrative regulation shall
			 be prohibited from otherwise engaging in the business of a motor vehicle
			 manufacturer or dealer.
STATUTORY AUTHORITY:
				  KRS
				  190.015,
				  190.020,
				  190.030(1),
				  190.058(8),
				  190.073
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:170 - Temporary sale or display event license for a motor vehicle dealer trade association

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: 190.010-190.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.030 authorizes the Motor Vehicle
				Commission to provide by administrative regulation for "other licensee
				activities and an appropriate fee therefor." 605 KAR 1:150 provides for a
				temporary sale location permit. Kentucky is the location of several major
				regional vehicle association trade shows and sales each year. This
				administrative regulation addresses the participation of foreign members of an
				association in an association sponsored sale or display located within the same
				metropolitan statistical area as the association.
Section 1. "Metropolitan statistical area"
			 means a specific geographic area as defined by the United States Department of
			 Commerce, Bureau of the Census, and shown in Kentucky Commerce Cabinet 1987
			 Kentucky Economic Statistics, page 88, or updated editions thereof, said
			 publication being adopted by reference herein. All documents incorporated by
			 reference herein are on file for public inspection at the office of the Motor
			 Vehicle Commission, 114 West Clinton Street, Frankfort, Kentucky
			 40601.
Section 2. No trade
			 association of motor vehicle dealers may sponsor a display or sale of motor
			 vehicles at any location unless an application for a temporary sale or display
			 permit is made on forms provided by the licensor and filed with the licensor a
			 minimum of five (5) days prior to the next regularly scheduled meeting of the
			 licensor before the requested permit period. The permit shall state the
			 duration of its validity which in no event shall exceed five (5) successive
			 days, the location for which it is issued, the name of the sponsoring
			 association, and the names of the participating dealers.
Section 3. A permit sought by a trade
			 association of motor vehicle dealers shall authorize its membership's
			 participation in a sale or display activity only at a location within the same
			 metropolitan statistical area as the association, within this state.
Section 4. The fee for a temporary sale event
			 permit shall be $100 per participating dealer.
STATUTORY AUTHORITY: 190.020, 190.030(1),
				  190.073
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:191 - Motor vehicle advertising

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 190.010-190.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.040(1)(i) requires that
				a motor vehicle dealer shall not engage in false or misleading advertising.
				KRS 190.073 requires
				the Motor Vehicle Commission to promulgate administrative regulations for the
				purpose of carrying out the provisions of KRS Chapter 190. This administrative
				regulation establishes examples of what constitutes false or misleading
				advertising.
Section 1. Definitions.
(1) "Advertising" means any oral, written, or
			 graphic statement, whether physical or electronic, which offers vehicles for
			 sale or lease or that indicates the availability of vehicles, including any
			 statements or representation made in a newspaper, pamphlet, circular, other
			 publication, in radio or television, social media, on the internet, or
			 contained in any notice, handbill, sign, billboard poster, bill catalog,
			 letter, or business card.
(2) "Bait
			 advertising" means:
(a) An alluring but
			 insincere offer to sell or lease a product, to obtain leads to persons
			 interested in buying merchandise of the type advertised and to switch consumers
			 from the advertised product to another product for a higher price or on a basis
			 more advantageous to the dealer; or
(b) Advertising a new motor vehicle at a
			 price that does not include all equipment listed as standard equipment by the
			 manufacturer without disclosing that fact, or failing to disclose any of that
			 equipment for the purpose of advertising a low price and baiting the customer
			 into charges above the advertised price.
(3) "Clear and conspicuous" means a
			 statement, representation, or term differing from other statements,
			 representations, or terms being made so as to be readily noticeable to the
			 person to whom it is being disclosed either by its size, sound, length of time,
			 color, placement in the ad, or other features.
(4) "Demonstrator" or "program" means a
			 vehicle of the current or preceding model year that has never been the subject
			 of a retail sale, and that has been used by dealership personnel for
			 demonstrating performance ability.
(5) "Executive vehicle" or "official vehicle"
			 mean, if so advertised, a vehicle that has been used exclusively by an
			 executive or executives of the dealer franchisee.
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:211 - Nonprofit motor vehicle dealer requirements and licensing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 190.010(29),
				(30),
				190.032
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				190.032 requires the Motor Vehicle Commission
				to establish requirements for initial application for and renewal of a license
				to be a nonprofit motor vehicle dealer and directs the commission to establish
				relevant requirements that shall include standards for disability or
				disadvantaging conditions concerning the clients served by nonprofit motor
				vehicle dealers. This administrative regulation establishes requirements and
				standards for nonprofit motor vehicle dealer requirements and licensing.
Section 1. In addition to
			 KRS
			 190.010(29) and the
			 application requirements established in
			 605 KAR 1:030,
			 Sections 1 and 3, a nonprofit motor vehicle dealer applicant shall certify that
			 it is an organization exempt from taxation pursuant to
			 26 U.S.C.
			 Section 501(c)(3) of the
			 Internal Revenue Code and that it has made all required filings with the
			 Internal Revenue Service.
Section
			 2. In addition to
			 KRS
			 190.010(30), an applicant
			 shall demonstrate to the commission that the applicant's sales program serves
			 only clients meeting two (2) or more of the following disability or
			 disadvantaging conditions:
(1) The client's
			 household income is at or below the current federal Poverty Guidelines as
			 established by the United States Department of Health and Human
			 Services;
(2) The client has been
			 designated as physically disabled by any state or federal agency;
(3) The client has an actual need for a motor
			 vehicle in order to meet work, educational, or medical needs and the client
			 cannot obtain a reliable vehicle without the dealer's assistance;
(4) The client has received state or federal
			 funding specifically designed to allow the purchase of a vehicle for personal
			 or household use; or
(5) The client
			 has experienced the loss of a functioning vehicle as a result of an event
			 certified as a natural disaster by any applicable state or federal
			 agency.
Kentucky Administrative Regulations › Title 605 - TRANSPORTATION CABINET › Chapter 1 - Motor Vehicle Commission › Section 605 KAR 1:215 - Licensing fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				190.030
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				190.030(6)(a) requires the
				Motor Vehicle Commission to promulgate administrative regulations in accordance
				with KRS Chapter 13A to establish fees for licenses issued by the Motor Vehicle
				Commission. This administrative regulation establishes the fees associated with
				acquiring and renewing licenses.
Section
			 1. Licensing Fees. The license fee for a calendar year, or part
			 thereof, shall be as follows:
(1) For new
			 motor vehicle dealers, $200 for each office or branch or agent thereof, plus
			 $200 for a supplemental license for each used car lot not immediately adjacent
			 to the office or to a branch;
(2)
			 For used motor vehicle dealers, $200 for each office or branch or agent
			 thereof;
(3) For motor vehicle
			 leasing dealers, $200 for each office or branch or agent thereof;
(4) For restricted motor vehicle dealers,
			 $200 for each office or branch or agent thereof;
(5) For motorcycle dealers, $200 for each
			 office, branch, or agent thereof;
(6) For motor vehicle manufacturers, $200;
			 and for each factory branch in this state, $200;
(7) For distributors, motor vehicle auction
			 dealers or wholesalers, $200;
(8)
			 For motor vehicle or recreational vehicle salespersons, forty dollars ($40), to
			 be paid by the licensed dealer for every salesperson the dealer
			 employs;
(9) For factory
			 representatives, or distributor branch representatives, $200;
(10) For automotive mobility dealers,
			 $200;
(11) For nonprofit motor
			 vehicle dealers, $200;
(12) For
			 nonprofit motor vehicle dealer salespersons, a license fee shall not be
			 imposed;
(13) For recreational
			 vehicle manufacturers or distributors, $200; and
(14) For new recreational vehicle dealers,
			 $200.
Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 5 - Office of Chief State School Officer › Section 701 KAR 5:055 - Removal hearing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				156.132
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				156.132 authorizes the Kentucky Board of
				Education to remove local board of education members, superintendents, and
				public school officers upon a finding of misconduct or certain other offenses.
				This administrative regulation establishes procedures to be followed prior to
				and during the evidentiary hearing regarding the charges brought for
				removal.
Section 1. Definition.
			 "Officer being charged" or "officer charged" means a district board member,
			 superintendent of schools, or other public school officer who is charged with
			 an offense under
			 KRS
			 156.132.
Section 2. Preliminary Matters. Before the
			 matter is submitted for final decision, the statement of charges may be amended
			 or supplemented. If the amended or supplemented statement of charges presents
			 new charges, the officer being charged shall be afforded a reasonable
			 opportunity, and not less than twenty (20) days, to prepare his
			 defense.
Section 3. Prehearing
			 Procedures.
(1) The testimony of a material
			 witness may be taken by deposition if:
(a) The
			 witness will be unavailable at the time and date of the scheduled hearing or
			 the witness cannot be compelled to attend; and
(b) Written authorization of the hearing
			 officer is provided or there is agreement of the parties.
Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 5 - Office of Chief State School Officer › Section 701 KAR 5:090 - Teacher disciplinary hearings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 161.770,
				161.790
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.790(4) and
				161.770
				requires the commissioner of education to appoint an impartial three (3) member
				tribunal to conduct an administrative hearing and make the final determination
				on charges concerning a local school district's proposal to discipline or place
				on involuntary leave a teacher if the teacher gives timely notice of his or her
				intent to answer the charges. This administrative regulation establishes
				administrative and hearing procedures with respect to the tribunal process and
				identifies the required training for tribunal members designated to serve as
				tribunal members on an ongoing basis.
Section
			 1. Notification of Discipline or Involuntary Leave. A local school
			 district superintendent proposing to discipline a teacher pursuant to
			 KRS
			 161.790 other than private reprimand, or a
			 board of education placing a teacher or superintendent on involuntary leave
			 pursuant to
			 KRS 161.770,
			 shall immediately, after notice to the employee, transmit a copy of the notice
			 of the action to the commissioner of education, along with advice as to the
			 date of the receipt of the notice by the employee.
Section 2. Hearing Officer Qualifications.
			 Upon notification from a teacher pursuant to
			 KRS
			 161.790(3) of the teacher's
			 intention to answer the charges against him or her, the commissioner shall
			 appoint a hearing officer in accordance with
			 KRS
			 161.790(4) who meets the
			 following qualifications:
(1) The hearing
			 officer shall be an attorney licensed to practice law in the Commonwealth of
			 Kentucky and in good standing with the Kentucky Bar Association;
(2) The hearing officer shall complete
			 biennial training as approved by the Kentucky Department of Education related
			 to the employment of teachers;
(3)
			 The hearing officer shall complete biennial training as approved by the
			 Kentucky Department of Education related to the professional code of ethics for
			 Kentucky school certified personnel set forth in
			 16
			 KAR 1:020; and
(4) The hearing officer shall meet the
			 training requirements set forth in
			 40 KAR
			 5:010.
Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 5 - Office of Chief State School Officer › Section 701 KAR 5:100 - School-based decision making guidelines

Current through Register Vol. 51, No. 1, July 1, 2024
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).
Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 5 - Office of Chief State School Officer › Section 701 KAR 5:110 - Use of local monies to reduce unmet technology need

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 156.670, 157.650, 157.655, 157.660, 157.665,
				160.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(c) requires
				the Kentucky Board of Education to promulgate administrative regulations
				governing the acquisition and use of educational equipment for the schools. KRS 156.670(1) requires the development of the master plan for education technology
				to outline Commonwealth activities related to the purchase, development, and
				use of technology. The master plan requires a district to submit a plan and
				report which describes its educational initiatives that have technology
				components and their unmet technology need. KRS 157.655 authorizes a local
				public school district to participate in the education technology funding
				program based on the unmet technology need described in the local district plan
				and approved by the Kentucky Board of Education. Based on review of the unmet
				technology need, it has been determined that full implementation of the
				Kentucky Education Technology System (KETS) cannot be funded based solely on
				offers of assistance from the Education Technology Trust Fund. This
				administrative regulation establishes the requirements governing the use of
				local monies to reduce unmet technology need to ensure that all school district
				technology procurements, in categories for which KETS standards for unmet need
				have been established, will reduce the unmet technology need regardless of
				source of funds.
Section 1.
			 Definitions.
(1) "Department" means the
			 Kentucky Department of Education.
(2) "District education technology plan"
			 means the plan developed by the local school district to address the unmet
			 technology need of the district.
(3) "Kentucky Education Technology System" or
			 "KETS" means the statewide system established in the technology master plan
			 issued by the Kentucky Board of Education and approved by the Legislative
			 Research Commission.
(4) "Master
			 plan" means the long-range plan for the implementation of the Kentucky
			 Education Technology System approved by the Kentucky Board of Education and the
			 Legislative Research Commission.
(5) "Unmet technology need" means the total
			 cost of technology, meeting or exceeding the criteria established in the master
			 plan, needed to achieve the capabilities outlined in the approved district
			 education technology plan of the local school district.
Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 5 - Office of Chief State School Officer › Section 701 KAR 5:120 - Prevention of sexually explicit materials transmitted to schools via computer

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				156.160,
				156.675
NECESSITY, FUNCTION, AND CONFORMITY: 1998 Ky. Acts ch. 330
				authorizes the Kentucky Board of Education to promulgate administrative
				regulations necessary to prevent sexually explicit material from being
				transmitted from or received by any computing or telecommunications system used
				in local schools and school districts. This administrative regulation requires
				school districts to implement acceptable use policies and to use filtering
				technologies in every school. The administrative regulation also specifies the
				Kentucky Department of Education's responsibilities to provide filtering
				technology to local districts, to provide technical assistance to support
				implementation of the regulation, and to ascertain compliance.
Section 1. Acceptable Use Policies.
(1) A local school district shall adopt an
			 acceptable use policy which has the following characteristics:
(a) Conforms to the guidelines for acceptable
			 use policies as provided in the Master Plan for Education Technology,
			 701
			 KAR 5:110, for the Kentucky Education Technology
			 System, including parental consent, teacher supervision of computer use, and
			 auditing procedures;
(b) Contains
			 procedures, guidelines, and prohibitions which will prevent access to sexually
			 explicit materials;
(c) Contains
			 appropriate disciplinary measures for policy violations; and
(d) Is for use by students, faculty, staff,
			 and any others to whom the school or district provides computing and
			 telecommunications access on a permanent or temporary basis.
Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 5 - Office of Chief State School Officer › Section 701 KAR 5:130 - Drug testing of teachers involved in illegal use of controlled substances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				160.380,
				161.175,
				161.790,
				218A.010(5)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.175 requires the Kentucky Board of
				Education to promulgate an administrative regulation relating to drug testing
				as a condition of retaining employment for certified employees determined to
				have engaged in misconduct involving the illegal use of controlled substances.
				This administrative regulation establishes criteria and procedures for drug
				testing of a teacher disciplined and determined to have engaged in misconduct
				involving the illegal use of controlled substances.
Section 1. Definitions.
(1) "Controlled substance" is defined by
			 KRS
			 218A.010(5).
(2) "Has been determined through an
			 administrative or judicial proceeding" means discipline for teacher misconduct
			 involving the illegal use of controlled substances for which there was a right
			 to request a hearing under
			 KRS
			 161.790; and
(a) For which the teacher did not timely
			 submit notice of intention to answer the charges;
(b) Which was the subject of a notice of
			 intention to answer the charges which the teacher withdrew; or
(c) Which is affirmed or left undisturbed in
			 whole or in part as a result of a final administrative or judicial order,
			 opinion, or judgment.
Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 5 - Office of Chief State School Officer › Section 701 KAR 5:140 - Districts of innovation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				156.108,
				156.160(1),
				160.107
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				156.160(1) requires the
				Kentucky Board of Education to promulgate administrative regulations and
				KRS
				156.108 requires the Kentucky Board of
				Education to promulgate administrative regulations to prescribe the conditions
				and procedures to be used by a local board of education to be approved as a
				district of innovation by the Kentucky Board of Education. This administrative
				regulation establishes the requirements and approval process for districts of
				innovation.
Section 1. Definitions.
(1) "Competency based learning" means a
			 framework for the awarding of credit to students upon mastery of Kentucky
			 Academic Standards established in 704 KAR Chapter 3 and 8 or upon mastery of
			 any additional competencies which shall also include explicit, measurable,
			 transferable learning objectives that empower students and that include
			 application and creation of knowledge along with the development of important
			 skills and dispositions.
(2)
			 "District of Innovation" is defined in
			 KRS
			 156.108(1)(a) and does not
			 include a district with an innovation plan that does not require the Kentucky
			 Board of Education to approve an exemption from any administrative regulation
			 or statute.
(3) "Eligible
			 employees" is defined in
			 KRS
			 160.107(3)(b).
(4) "Expanded learning opportunities" means
			 initiatives that provide students additional opportunities for enrichment,
			 personal growth, and engagement outside the traditional school day, and that
			 may include extended day or year initiatives, before- and after-school
			 programs, Saturday, weekend, and summer programs, distance learning, and early
			 childhood education initiatives.
(5) "Innovation" is defined in
			 KRS
			 156.108(1)(b).
(6) "Innovative strategies" means strategies
			 that provide non-traditional approaches to all areas of curriculum,
			 instruction, assessment, governance, and school operation.
(7) "School of Innovation" is defined in
			 KRS
			 156.108(1)(c).
Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 5 - Office of Chief State School Officer › Section 701 KAR 5:150 - Nontraditional Instruction Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				158.070
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				156.029(7) requires the
				Kentucky Board of Education (KBE) to adopt policies and administrative
				regulations by which the Kentucky Department of Education (department) shall be
				governed in planning and operating programs within its jurisdiction.
				KRS
				156.070(5) requires the KBE,
				upon the recommendation of the Commissioner of Education (Commissioner), to
				establish policy or act on all programs, services, and other matters which are
				within the administrative responsibility of the department.
				KRS
				158.070 requires the KBE to promulgate an
				administrative regulation to prescribe the conditions and procedures for local
				education agencies (districts) to be approved for the non-traditional
				instruction program. This administrative regulation establishes the
				requirements and approval process for districts to be approved for the
				nontraditional instruction program.
Section
			 1. Definitions.
(1)
			 "Comprehensive District Improvement Plan" shall have the same meaning as
			 defined in
			 703
			 KAR 5:225, Section 1(3).
(2) "Instructional delivery method" means the
			 delivery system and instructional techniques used in meeting the learning needs
			 of students regardless of their physical location.
(3) "Minimum school term" or "school term" is
			 defined in
			 KRS
			 158.070(1)(b).
(4) "Nontraditional instruction day" means a
			 day during the school term that a local school district is closed for health or
			 safety reasons that is approved by the commissioner, pursuant to
			 KRS
			 158.070(9), to be the
			 equivalent to a student attendance day.
(5) "Nontraditional instruction plan" means
			 the strategy approved by the commissioner and implemented by a local school
			 district to ensure instruction on nontraditional instruction days is a
			 continuation of learning that is occurring on regular student attendance days
			 as required by
			 KRS
			 158.070(9).
(6) "Professional learning plan" means the
			 strategy implemented to ensure staff in a local school district acquire,
			 enhance, and refine the knowledge, skills, practices, and dispositions
			 necessary to create and support high levels of learning for all
			 students.
(7) "Student attendance
			 day" is defined in
			 KRS
			 158.070(1)(e).
Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 5 - Office of Chief State School Officer › Section 701 KAR 5:160 - Selection and appointment of non-voting Kentucky board of education members

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				118B.140,
				118B.160,
				156.029,
				156.035
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				156.029(1) authorizes the
				Kentucky Board of Education, including an active public elementary or secondary
				school teacher and a public high school student serving as non-voting members
				of the board.
				KRS
				156.029(3) requires the
				Kentucky Board of Education to promulgate an administrative regulation
				establishing the process for selecting the non-voting teacher and non-voting
				student member to serve on the board. This administrative regulation
				establishes the process for the selection and appointment of a non-voting
				active public elementary or secondary school teacher and a non-voting public
				high school student to serve on the Kentucky Board of Education.
Section 1. Definitions.
(1) "Board" means the Kentucky Board of
			 Education as established in
			 KRS
			 156.029 and
			 156.035.
(2) "Commissioner" means the Commissioner of
			 Education appointed by the Kentucky Board of Education pursuant to
			 KRS
			 156.148.
(3) "Student" means a person enrolled in a
			 Kentucky public high school and classified by the Kentucky public high school
			 as a junior on July 1 of the calendar year for which appointment is
			 sought.
(4) "Teacher" means a
			 person employed on a full-time basis by a Kentucky public school district in a
			 position for which certification is required pursuant to
			 KRS
			 161.020, and who is not employed in an
			 administrative role.
Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 8 - Charter Schools › Section 701 KAR 8:030 - Charter school appeal process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 160.1590, 160.1591, 160.1592,
				160.1593, 160.1594, 160.1595, 160.1596, 160.1597, 160.1598, 160.1599
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				160.1598 requires the Kentucky Board of
				Education to promulgate an administrative regulation to establish the process
				to appeal a decision of an authorizer denying a charter application or a
				charter contract amendment request, unilaterally imposing conditions on the
				applicant or charter school, or revoking or nonrenewing a charter contract.
				This administrative regulation establishes the requirements for the appeal
				process.
Section 1. Definitions.
(1) "Appellant" means the applicant or
			 charter school board of directors filing the appeal of an authorizer's decision
			 denying a charter application or a charter contract amendment request,
			 unilaterally imposing conditions on the applicant or charter school, or
			 revoking or nonrenewing a charter contract.
(2) "Applicant" is defined by
			 KRS
			 160.1590(2).
(3) "Authorizer" or "public charter school
			 authorizer" is defined by
			 KRS
			 160.1590(15).
(4) "Charter" means charter
			 contract.
(5) "Charter application"
			 is defined by KRS
			 160.1590(3).
(6) "Charter contract" or "contract" is
			 defined by KRS
			 160.1590(4).
(7) "Charter school" means a public charter
			 school.
(8) "Charter school board
			 of directors" is defined by
			 KRS
			 160.1590(5).
(9) "Days" means calendar days calculated
			 pursuant to KRS
			 446.030.
(10) "Knowingly" means that a person knew
			 that in authorizing, ordering, or carrying out an act or omission that the act
			 or omission constituted a violation of a statute or administrative
			 regulation.
(11) "Local school
			 district" is defined by
			 KRS
			 160.1590(10).
(12) "Notice" means written notice.
(13) "Public charter school" is defined by
			 KRS
			 160.1590(14).
(14) "Unilateral imposition of conditions"
			 means the authorizer has placed or attempted to place conditions or
			 requirements that are not required by
			 KRS
			 160.1590 through
			 160.1599,
			 161.141, or 701 KAR Chapter 8:
(a) On the applicant in the authorizer's
			 formal action approving the charter application; or
(b) On the charter school in the charter
			 contract or an amendment.
(15) "Unilaterally imposed conditions" or
			 "Unilateral conditions" or "Conditions unilaterally imposed" means conditions
			 or requirements not required by
			 KRS
			 160.1590 through
			 160.1599,
			 161.141, or 701 KAR Chapter 8
			 that the authorizer places or attempts to place:
(a) On the applicant in the authorizer's
			 formal action approving the charter application; or
(b) On the charter school in the charter
			 contract or an amendment.
Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 8 - Charter Schools › Section 701 KAR 8:050 - Charter school funding

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				160.1590,
				160.1591,
				160.15911,
				160.1592,
				160.1593,
				160.1594,
				160.1595,
				160.1596,
				160.1597,
				160.1598,
				160.1599
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				160.1596 requires the Kentucky Board of
				Education to promulgate administrative regulations governing the calculation
				and distribution of funds due to public charter schools from school districts,
				the schedule of distribution of funds, and the imposition of fines for late
				distribution of funds. This administrative regulation establishes the
				requirements for the calculation and distribution of funds to a public charter
				school, the schedule of distribution of funds, and the fines for failure to
				timely transfer funds.
Section 1.
			 Definitions.
(1) "Authorizer" or "public
			 charter school authorizer" is defined by
			 KRS
			 160.1590(15).
(2) "Charter contract" or "contract" is
			 defined by KRS
			 160.1590(4).
(3) "District of location" is defined by
			 KRS
			 160.1590(7).
(4) "Public charter school" is defined by
			 KRS
			 160.1590(14).
Kentucky Administrative Regulations › Title 702 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION - OFFICE OF DISTRICT SUPPORT SERVICES › Chapter 1 - General Administration › Section 702 KAR 1:035 - Group health and life insurance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.158
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.158 authorizes local boards of education
				to administer group insurance coverage for its employees.
				KRS
				161.159 requires the Kentucky Board of
				Education to promulgate an administrative regulation to implement the life
				insurance program for local school district employees. This administrative
				regulation establishes requirements for Department of Education administration
				of the group health and life insurance programs for certified and noncertified
				employees of local boards of education and interlocal educational
				cooperatives.
Section 1. Definitions.
(1) "Blended employee" means an employee
			 having:
(a) The expectation that he is to be
			 employed for the full school term (or the remainder of the school term) as
			 defined in
			 KRS
			 158.070 in a position with no state
			 certification required;
(b) The
			 expectation that also he is to be employed for the full school term (or the
			 remainder of the school term) as established in
			 KRS
			 158.070 in a position with state
			 certification required;
(c) A
			 combined work hours requirement equal to a minimum of seventy (70) percent of
			 the school day or month as established in
			 KRS
			 158.060; and
(d) Status as a beneficiary or participant in
			 either of the two (2) retirement systems, CERS or KTRS.
Kentucky Administrative Regulations › Title 702 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION - OFFICE OF DISTRICT SUPPORT SERVICES › Chapter 1 - General Administration › Section 702 KAR 1:080 - Transfer of annexed property; hearing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				160.045
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				160.045 requires the Kentucky Board of
				Education to conduct an administrative hearing concerning the transfer of
				annexed property when statutory conditions are met. This administrative
				regulation establishes the determinations that the state board shall make when
				it approves the transfer of property in an administrative hearing held in
				accordance with
				KRS
				160.045 and Chapter 13B.
Section 1. Upon receipt of a petition of a
			 board of education by reason of the provisions of
			 KRS
			 160.045, the chief state school officer, or
			 his designated representative, shall conduct an impartial investigation of the
			 facts and conditions attendant to the proposed annexation and provide each
			 affected board of education a report which sets forth the factual findings of
			 his investigation and his recommendations based upon those findings.
Section 2. The Kentucky Board of Education
			 shall, in case of approval of transfer of property:
(1) Specify the effective date of
			 transfer;
(2) Determine the ratio
			 of the current assessed value of all property in the district relinquishing the
			 property;
(3) Specify the amount
			 required to repay the transferred property's proportionate share of the
			 district's current bonded indebtedness;
(4) Calculate the amount and when payment
			 shall be made to the district relinquishing the property; and
(5) Specify pertinent details which will
			 affect the transfer of property.
Kentucky Administrative Regulations › Title 702 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION - OFFICE OF DISTRICT SUPPORT SERVICES › Chapter 1 - General Administration › Section 702 KAR 1:100 - Merger of independent and county school districts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				156.031,
				160.041
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				156.031 requires that administrative
				regulations relating to statutes amended by the 1990 Kentucky Education Reform
				Act be reviewed, amended if necessary, and resubmitted to the Legislative
				Research Commission prior to December 30, 1990; and
				KRS
				160.041 sets forth various procedures for
				forcing mergers of independent and county school districts and specifying the
				terms of merger. This administrative regulation provides an orderly procedure
				for merger of independent and county school districts when the State Board for
				Elementary and Secondary Education must make determinations under
				KRS
				160.041.
Section
			 1. In the event merger is not consummated under the provisions of
			 KRS
			 160.041(1) and (2)(a) and
			 (b), and the independent board of education
			 appeals to the chief state school officer citing financial inability to
			 operate, the chief state school officer shall investigate the financial
			 conditions of the independent school district and report his findings and his
			 recommendations with respect to merger to the State Board for Elementary and
			 Secondary Education within ninety (90) days of receipt of such an appeal.
			 Merger action shall be taken by the State Board for Elementary and Secondary
			 Education within ninety (90) days following receipt of the report of findings
			 and recommendations of the chief state school officer.
Section 2. If the State Board for Elementary
			 and Secondary Education determines the independent school district shall be
			 merged with the county school district, it shall merge the districts stating
			 the terms, conditions, and effective date.
STATUTORY AUTHORITY:
				  KRS
				  156.070,
				  156.160