Dear Colleagues:
On Oct. 8, the Franklin Circuit Court entered an opinion and order in the case involving challenges to House Bill 563, which allowed for the creation of education tax credits and related accounts to be used for education funding. The court held that:
- The geographic limit contained in HB 563 making it applicable to Kentucky’s eight largest counties violates Section 59 of the Kentucky Constitution; and
- HB 563 violates Section 184 of the Kentucky Constitution because it raises or collects a sum for education other than in common schools without putting the issue to the voters.
In addition to the new tax credit provisions, HB 563 also contained a provision expanding nonresident student attendance options at public schools. The language in the bill sought to move away from the requirement for a student’s resident district to enter into an agreement with a nonresident school district to receive state SEEK funding for nonresident students.
The nonresident student attendance provisions of HB 563 was not at issue in this case, with the court’s opinion specifically noting “the portions of the legislation that allow public school students to transfer, without penalty, from their district of residence to another public school district where they do not reside, have not been challenged and are not at issue here.” However, the court specifically held the entirety of HB 563 unconstitutional.
The Kentucky attorney general asked the court to sever the unconstitutional portions of HB 563 and allow the remaining provisions to go into effect, which the court declined to do. In its opinion and ruling, the court commented, “[T]he most logical conclusion is that any material change in the bill would have jeopardized its passage. Accordingly, the severability provisions of KRS 446.090 cannot be applied to save the legislation.” Therefore, unless the court amends its order or an appeals court orders otherwise, all provisions of HB 563, including the nonresident student attendance provisions, are unenforceable.
Keep in mind that the nonresident student attendance portions of HB 563 were not set to go into effect until July 2022. The General Assembly will have an opportunity to take further action during its 2022 session, which begins in January, and is likely to craft new legislation exclusively related to the nonresident student attendance issue.
We will discuss this ruling – along with discussions about Constitutional prayer, a local curriculum development pilot program, the Kentucky Board of Education goals and ESSER updates – at the next superintendent webcast scheduled for 2-4 p.m. ET tomorrow, Oct. 12. Deputy Commissioner Dr. Connie White of the Kentucky Department for Public Health also will be joining us.
As usual, you can watch the webcast on the Kentucky Department of Education Media Portal. You also may submit questions in advance using this Google Sheet.
I also wanted to remind you that this is the last week to register for the 2021 Kentucky Education Summit. Registration is free and available online until Oct. 15. Scheduled for Nov. 1-2 at the Kentucky International Convention Center in Louisville, the statewide summit will focus on the future of K-12 education in the Commonwealth.
All participants will be required to present their COVID-19 vaccination card or show proof of negative COVID-19 test result taken within 48 hours prior to Nov. 1. All participants also will be required to wear masks while inside the Convention Center. Changes to requirements for summit attendance are subject to change based on the public health recommendations at the time.
Please join us and encourage your staff, students and families to register for this event, where we will talk more about how we can chart a new course forward in Kentucky’s education system. I hope to see you there!
Kind regards,
Jason E. Glass, Ed.D.
Commissioner & Chief Learner
Required Superintendent Survey Senate Bill 8 about School Counselors
Please visit the School Counselor Survey launch page to complete the required survey regarding number, placement, funding and duties of school counselors. Each district is required to download, fill out and submit an Excel workbook or Google Sheet reporting this information for every counselor in the district.
Additional instructions are available on the School Counselor Survey launch webpage. The survey is due Nov. 1, 2021.
This survey is required by Senate Bill 8 from the 2020 Regular Session, which amended KRS 158.4416(3)(e), and states:
“No later than November 1, 2019, and each subsequent year, the local school district superintendent shall report to the department the number and placement of school counselors in the district. The report shall include the source of funding for each position, as well as a summary of the job duties and work undertaken by each counselor and the approximate percent of time devoted to each duty over the course of the year.”
For more information, email Damien Sweeney.
School District Boundary Review Changes Due by Nov. 5
The National Center for Education Statistics sponsors the School District Review Program (SDRP), which helps the U.S. Census Bureau create poverty and population estimates by school district geography. The poverty and population estimates produced by the Census Bureau are of vital importance for each state’s allocation under Title I, Part A of the Elementary and Secondary Education Act as amended (Public Law 114-95).
The SDRP enables the Kentucky Department of Education to review the Census Bureau’s school district information and report any updates or corrections to districts’ Federal School District Local Education Agency (SDLEA) ID numbers, school district boundaries, names, levels or grade ranges. Any updates must reflect school district information as it will exist on Jan. 1, 2022.
Superintendents are encouraged to review their district’s boundaries using the TIGERweb application on the Census Bureau website.
There are 11 types of school district changes. If any of the 11 types of changes need to be made for your district, email Margalee Conlee by Nov. 5. Include “SDRP” in the subject line of the email.
Register for October’s Transportation Finance Training
The Kentucky Department of Education Pupil Transportation Branch will be conducting Transportation Finance trainings for transportation directors and finance officers on the third Wednesday of each month from 10:30 a.m. to noon ET. Registration requests will be sent for each training. Superintendents and assistant transportation directors are welcome.
The October training will be a follow up to the Sept. 15 training and a “Deeper Dive into SEEK Transportation” given by Jody Maggard, finance officer of Perry County.
Register for the October training online. After registration, a link to the meeting will be provided. There will be an attachment to the confirmation to add the meeting to your calendar.
For more information, email Elisa Hanley.
KDE Seeking Nominations for 2022 U.S. Presidential Scholars
The Kentucky Department of Education (KDE) is seeking nominations for the U.S. Presidential Scholars Program. This is not a scholarship, but all scholars will be honored for their accomplishments during the National Recognition Program, held in June in Washington, D.C.
Presidential Scholars will be guests of the commissioner of the U.S. Department of Education and will receive an expense-paid trip to meet with federal government officials and educators. To commemorate their achievement, the scholars will receive the U.S. Presidential Scholars medallion at a ceremony sponsored by the White House.
Each school may nominate two high school seniors: one male and one female. Schools are encouraged to nominate students who, while demonstrating outstanding scholarship, might not otherwise be nominated through the current ACT/SAT or arts recognition processes. For the arts component, students must participate in the National YoungArts program.
In addition to the general nominations, districts also are asked to nominate students from their district to be included as candidates for excellence in career and technical education (CTE). Please see the attached suggested CTE criteria.
When considering who to nominate, it may be helpful to consider the following questions:
- What about the student makes him or her stand out as having outstanding scholarship?
- What special challenges or hurdles has this student overcome while still achieving success in academics, technical education or in the arts?
Students who apply should complete the first page of the attached application form. The second page must be completed by a counselor or teacher who is most familiar with the student.
Email the completed application for the male and female candidates from your school to Kathie Anderson by Oct. 29. KDE will select and submit the names of 25 students to the national selection committee that will determine the Presidential Scholar winners.
Kentucky Department of Public Health Releases SB 1 Guidance on Test to Stay
During the recent 2021 General Assembly Special Session, Senate Bill 1 was enacted to address various public school operations that have been impacted by the continuation of the coronavirus pandemic. In Section 4 of SB 1, the Kentucky Department for Public Health (DPH) was directed to develop a COVID-19 “Test to Stay” model plan that may be implemented by school districts – in whole or in part – to minimize the impact of quarantining non-symptomatic students and staff, allowing them to stay in the classroom.
DPH has released “COVID-19 Prevention in K-12 Schools,” dated Sept. 17, 2021, which includes “Test To Stay.” A school district’s local health department shall provide assistance in implementing a school district’s test to stay plan or any other local school board-approved COVID-19 plan for masking, contract tracing and quarantining, including the location and procurement of resources. The DPH shall provide support to the local health departments in assisting the school districts.
Test to stay is not a separate program or model, rather it is a form of diagnostic screening under the normal K-12 testing program. Test to stay is a “modified quarantine” according to the U.S. Centers for Disease Control and Prevention (CDC).
When a student/staff self identifies as positive through outside testing or is identified as positive through the screening program, those who are identified as “close contacts” (per CDC definition) have one of three choices:
- Quarantine at home for 10 days, monitoring for symptoms and returning to normal activities after day 10 if asymptomatic, no test required.
- Quarantine at home for 7 days, testing on day 5 and returning to normal activities on day 8, if negative test and asymptomatic the entire time.
- Quarantine at home for 7 days, and participate in test to stay, testing each day via rapid antigen or every other day via PCR. The student or staff member must remain asymptomatic. If each sequential test is negative, then the individual is allowed into the classroom for school each day of modified quarantine. However, they MUST remain in normal quarantine at all other times outside the classroom, wear a mask when outside of the home and conduct continuous daily monitoring for symptoms. Test to stay is ONLY ALLOWED for classroom exposures.
Questions regarding test to stay should be emailed to Jim Alford or he can be reached by phone at (270) 291-2330
Get more information by reading K-12 School COVID Testing Program (Update).
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