Kentucky Administrative Regulations › Title 701 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION › Chapter 8 - Charter Schools › Section 701 KAR 8:010 - Charter school student application, lottery, and enrollment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				157.196,
				157.200,
				158.030,
				158.050,
				158.070,
				158.100,
				158.281,
				159.010,
				160.1590,
				160.1591,
				160.1592,
				160.1593,
				160.1594,
				160.1595,
				160.1596,
				160.1597,
				160.1598,
				160.1599,
				160.346,
				161.141,
				387.010(2),
				20 U.S.C.
				1400 et seq., 1681,
				29 U.S.C.
				794,
				42 U.S.C. 1981-2000h-6
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				160.1591(6) requires the
				Kentucky Board of Education to promulgate an administrative regulation to guide
				student application, lottery, and enrollment in public charter schools. This
				administrative regulation establishes the requirements for charter school
				student application, lottery, and enrollment.
Section 1. Definitions.
(1) "Academically behind" means at risk of
			 academic failure.
(2) "Adult
			 student" means a student who is eighteen (18) years or older who is still
			 eligible for enrollment and attendance at a school program pursuant to
			 KRS
			 158.030 and
			 158.100.
(3) "Applicant" is defined by
			 KRS
			 160.1590(2).
(4) "At risk" means at risk of academic
			 failure.
(5) "At risk of academic
			 failure" means:
(a) Attendance at a school
			 identified pursuant to
			 KRS
			 160.346(2) for targeted
			 support or intervention;
(b)
			 Attendance at a school identified pursuant to
			 KRS
			 160.346(3) for comprehensive
			 support and improvement;
(c)
			 Current achievement two (2) or more grade levels below the student's age
			 group;
(d) Demonstration of poor
			 academic skills, such as failure of two (2) or more subjects in two (2) of the
			 past four (4) school years;
(e)
			 Consistent absence or tardy and absence twenty-five (25) or more unexcused
			 "student attendance days", as defined by
			 KRS
			 158.070, in the last two (2) school years and
			 an overall grade average below a C;
(f) Suspension (in-school suspension or home
			 suspension) two (2) or more times during the past school year and an overall
			 grade average below a C;
(g) Family
			 history of dropping out or lack of family support for the student in the
			 completion of school;
(h) Little or
			 no participation in school cocurricular or extracurricular programs;
(i) Below grade level in reading or math
			 skills;
(j) Indication of being
			 socially isolated; or
(k) An
			 applicant's definition for this term in the applicant's authorizer approved
			 charter application, pursuant to
			 KRS
			 160.1594(2).
(6) "Authorizer" or "public charter school
			 authorizer" is defined by
			 KRS
			 160.1590(15).
(7) "Charter application" is defined by
			 KRS
			 160.1590(3).
(8) "Charter contract" or "contract" is
			 defined by KRS
			 160.1590(4).
(9) "Charter school" means a public charter
			 school as defined by KRS
			 160.1590(14).
(10) "Charter school board of directors" is
			 defined by KRS
			 160.1590(5).
(11) "Cocurricular programs" means school
			 programs that have activities that are unequivocally instructional in nature,
			 directly related to the instructional program, and scheduled to minimize
			 absences from classroom instruction.
(12) "Computerized randomization" means use
			 of a computer software program for randomization.
(13) "Conversion public charter school" is
			 defined by KRS
			 160.1590(6).
(14) "Days" means calendar days calculated
			 pursuant to KRS
			 446.030.
(15) "Education service provider" is defined
			 by KRS
			 160.1590(8).
(16) "Emancipated youth" means a student
			 under the age of eighteen (18) who is or has been married or has by court order
			 or otherwise been freed from the care, custody, and control of the student's
			 parents.
(17) "Enrollment" means
			 the process for the charter school to register a student for attendance at the
			 charter school.
(18) "Enrollment
			 preference" means the priority of the student application from other students
			 applications pursuant to
			 KRS
			 160.1591(5).
(19) "Extracurricular programs" means
			 voluntary programs that are offered by a school but are not part of the
			 required school program.
(20)
			 "Grade" or "Grade Level" means a single elementary, middle, or high school
			 grade of school.
(21) "Human
			 randomization" means randomization without the use of computer
			 randomization.
(22) "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.
(23)
			 "Local school district" is defined by
			 KRS
			 160.1590(10).
(24) "Lottery" means the transparent, open,
			 equitable, and impartial process that is competently conducted with
			 randomization in accordance with the targeted student population and service
			 community as established in
			 KRS
			 160.1593(3) for the charter
			 school to choose students for enrollment and attendance at the charter school
			 if the student applications received by the charter school exceed the charter
			 school's capacity.
(25) "Multiple"
			 means a person who was born as a result of the same pregnancy as at least one
			 (1) other sibling.
(26) "Notice"
			 means written notice.
(27) "Notify"
			 means provide written notice.
(28)
			 "Parent" is defined by
			 KRS
			 160.1590(11).
(29) "Persistently low-achieving public
			 schools" or "Persistently low-achieving noncharter public schools" means
			 noncharter public schools identified for comprehensive support and improvement
			 pursuant to KRS
			 160.346.
(30) "Person with custody or charge" means
			 any adult, pursuant to
			 KRS
			 159.010, who falls within the definition for
			 "interested person or entity" as defined by
			 KRS
			 387.010(2) for interested
			 person or entity and with whom the student resides.
(31) "Primary enrollment preference" means
			 any enrollment preference other than a secondary enrollment
			 preference.
(32) "Public charter
			 school" is defined by
			 KRS
			 160.1590(14).
(33) "Randomization" means to leave to chance
			 alone and eliminate bias and interference.
(34) "Secondary enrollment preference" means
			 the priority of a resident student application for enrollment in a public
			 charter school, after acceptance of all the student applications with primary
			 enrollment preference, if the public charter school's capacity has not been
			 exceeded for that school year.
(35)
			 "Student" is defined by
			 KRS
			 160.1590(18) and includes
			 any person who is entitled to enrollment and attendance at a school program as
			 established in KRS
			 158.030 and
			 158.100.
(36) "Student application" means an
			 application submitted to a charter school for student enrollment in the charter
			 school.
(37) "Students with special
			 needs" or "Special needs students" means:
(a)
			 An "exceptional children and youth student", as defined by
			 KRS
			 157.200, who is eligible pursuant to the
			 Individuals with Disabilities Education Act,
			 20 U.S.C.
			 1400 et seq. for an individual education
			 plan, as established in
			 KRS
			 157.196, or an individual education program,
			 as defined by KRS
			 158.281; or
(b) A student who is eligible for services
			 pursuant to Section 504 of the Rehabilitation Act of 1973, as amended,
			 29 U.S.C.
			 794, to prevent substantial limitation of one
			 (1) or more major life activities.
(38) "Year", "academic year," or "school
			 year" means school year as established in
			 KRS
			 158.050.