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Frankfort Updates
Contact Data:
On the
LRC Website the following information
maybe found:
www.lrc.ky.gov
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Meeting
Calendar
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Pending
Legislation
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Current Laws
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Summaries of
texts of bills
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Progress of
bills
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Finding your
Representative and Senator will also provide an e-mail address to
those Legislators that have one
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To leave a
message for a Legislator: 800-372-7181
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24-Hour
Legislative Calendar: 800-633-9650
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Bill Status
Line: 866-840-2835
You can subscribe
to the LRC Public Information office for their eNews at:
lrc.ky.gov/pubinfo/listserv.htm
To write a
Legislator:
Name
Capitol Annex
702 Capital Avenue
Frankfort, KY 40601
KET, 46 WKLE has a
summary of the day’s activities each evening. Check your area for times.
KET has a website for additional information
www.ket.org
A Briefing Paper by the Council for
Better Education
Progress, But Not Enough Progress (Adobe pdf)
Kentucky General Assembly
Special Session
On Pension Reform June 2008
A special session of the Kentucky General Assembly has
been called for June 23, 2008. The reason for the call will be to take action to help
stabilize the public employee pension program. Currently nothing in the proposed
legislation impacts current active KTRS members or retirees. All changes affect only
new hires after July 1, 2008.
One of the major concerns is the future of the pension
program for classified school employees. Those workers are currently served by a
fund known as the County Employees Retirement System (CERS), which also includes
employees of cities and counties. Due to the current financial problems facing this
fund, groups such as the Kentucky Association of County Officials (KACO) and the
Kentucky League of Cities (KLC) are advocating moving classified school district
employees to a different retirement program. The options being discussed are movement
to the Kentucky Employee Retirement System (KERS), made up of state employees, or
to the Kentucky Teachers Retirement System (KTRS), which serves teachers and school
administrators.
It is strongly recommended that classified employees
should either remain in the CERS pool or, if a movement is to be made, then a move to
KERS would be the best option for the following reasons:
- KERS and CERS are most similar among the public employee pension funds in
terms of their benefit structure, job functions and compensation of
members.
- Workers covered by CERS and KERS pay social security taxes, while
employees in KTRS do not. A concern that moving classified employees, their
assets and their liabilities to KTRS could threaten the fiscal solvency of
KTRS. The possibility that KTRS-covered employees could be required to pay
social security taxes at some point in the future.
- The KERS pool is larger and more diverse than KTRS. Any change in the
KERS pool would be spread across a greater number of employees, with less
impact to the individual or the solvency of the pool.
- Movement of classified employees from CERS to KERS would improve their
opportunities for mobility into work-a-like state jobs (such as parks,
highways, clerical and custodial), should some employees wish to make such
a move. Such a move would not be possible if employees were transferred
to KTRS.
- Unlike KERS and CERS, KTRS faces unique challenges, in that it does
not have an adequately funded medical insurance program or a guaranteed
(inviolable) contract to provide medical coverage. Adding classified
employees to KTRS would increase the fiscal stress on this fund.
The governor has created a new working group, compost
of experts from government, the private sector, the cities and counties, and
employee groups, to tackle two of the major cost drivers of the pension liability
faced by KTRS.
The group will recommend ways to improve investment
return for the pension funds, and measures to finally get the state on track to
meet its funding obligations to the pension systems. They will also deal with
governance of the other pension systems and consideration of new models for future
benefits.
The Governor has directed the working group to have
recommendations to him no later than November 1, so that they may be considered by
the 2009 General Assembly.
The key issues that the House and Senate
appear to have agreed upon for the Special Session include:
- Raising the required age and years of service for state workers hired
after September 1, 2008
- Limiting the cost of living increase for all retirees to 1.5 percent
each year
- Laying out a timeline for the legislature to make full payments by
2025 into these systems that have been short-changed in recent years
You are encouraged to watch the session and if
necessary be prepared to call your legislator.
You will find a review of some of the legislation
passed during the 2008 General Assembly. The 2008 legislative session was marked
by the filing of more than 1,000 bills. By the close of the session barely 180
pieces of legislation had passed both the Houses and Senate. You can visit the
LRC website at: www.lrc.ky.gov Click on
“Legislation and Legislative Record” then click on “2008 Regular Session”. On
this page scroll down to Bill Status. You will need the number of the bill to
bring up the total language. Call the office if you additional information
(888-438-7179).
Summary of Some Education
Legislation
Passed by the 2008 General Assembly
Advancement of Science, Technology, Engineering and Mathematics
SB2: Relating to strategies to improve academic achievement and making an appropriation.
- Establishes the science and mathematics advancement fund which may be used for
payment of student fees for AP and IB examinations; scholarships for advanced KVHX
math and science courses; two-year grants to high schools for start-up programs;
two-year renewable grants to middle schools for accelerated learning in science and
mathematics; grants to school districts to develop and implement an energy technology
engineering career track; and professional development grants to teachers related
to science and mathematics. Requires the KDE to establish the grant programs and
procedures.
Note: Funding not provided for this purpose.
- Requires the KDE to develop a training program for certified and classified
personnel to become on-line coaches for students enrolled in the Kentucky Virtual
High School by July 1, 2009. Requires at least one employee in each middle and high
school to successfully complete an on-line coaches training program by July 1, 2010.
Note: Funding not provided for this purpose.
- Permits use of teachers professional growth fund for teachers participating
in Middle School Mathematics and Science Scholars Programs.
- Requires the Center for Mathematics to advise the Kentucky Department of Education
and the state board in the establishment and implementation of the Middle School
Mathematics and Science Scholars program.
- Changes the definition of core curriculum in existing law to require each
secondary school to include at least one AP, IB, dual credit or enrollment course
in science and in mathematics, and at least one course in two of the following
subject areas: English, social studies, foreign language, and the arts.
- Requires all students who meet the prerequisites or demonstrate prerequisite
knowledge base to be admitted to an AP course or to permit enrollment in the Kentucky
Virtual High School if the school does not offer the subject.
- Requires the KDE, effective with the 2008-2009 school year and thereafter, to
pay for the cost of AP examinations for public school students.
Note: Funding not provided for this purpose.
- Provides a supplemental KEES award to students who are eligible for free
or reduced-price lunch based on AP examination scores.
Note: Funding not provided for this purpose.
- Eliminates retroactively the 3 year limit on the extension of eligibility
for a KEES award for a student who was unable to enroll or complete an academic term
due to military service.
- Makes students attending the Gatton Academy at WKU for Mathematics and Science
in Kentucky eligible for KEES awards.
- Authorizes the Gatton Academy to award high school diplomas, and authorizes
a local school district to award a joint high school diploma with the Gatton Academy.
Alternative Certification
SB64: Relating to alternative certification of math and science teachers and declaring an emergency.
- Establishes a certification incentive fund to support the development of
institutes for persons pursuing Option 7 of the alternative certification routes
established in KRS 161.048. Establishes as the priority for the institutes
certifying high school mathematics, chemistry, physics, and computer sciences
teachers and middle school mathematics and earth science teachers during the
2008-2009 to 2011-2012 academic years.
Note: Fund not provided for this purpose.
- Requires the Education Professional Standards Board to promulgate administrative
regulations.
- Adds a purpose for use of the teachers’ professional growth fund to
include providing existing teachers with the opportunity to obtain certificate
endorsements or extensions in critical shortage areas, with priority for math
and science from 2010 through 2016.
Interstate Compact on Educational Opportunity for Military Children
SB68: Relating to educational opportunities for military children.
Sets forth the articles of a compact agreement among
the states to remove barriers to educational success imposed on children of military
families because of frequent moves and deployments.
Kentucky Educational Excellence Scholarship Eligibility
SB75: Relating to Kentucky educational excellence scholarship eligibility.
- Sets requirements for students to qualify for renewal of their Kentucky
education excellence scholarships beyond the second award period if they have
at least a 2.5 grade point average and are on-track to graduate or have a 3.0
or better.
Principal Selection
SB86: Relating to the selection of school personnel.
- Requires the superintendent to provide additional applicants, after
providing recommended candidates, for the position of principal when qualified
applicants are available, upon request for the school council.
- Authorizes the school superintendent to appoint the principal, after
consultation with the school council, if the vacancy is n a school that
has an index score that places it in the lowest one-third of all schools
below the assistance line and the school has completed a scholastic audit
under KRS 158.6455 that includes findings of lack of effectiveness of the
principal and the school council.
Surplus School District Technology Property
SB129: Relating to surplus local school district technology property.
Permits a local board of education to adopt a
policy for distribution of refurbished surplus technology to low income
students.
Teachers’ Retirement Survivor Benefits
SB131: Relating to survivor benefits for adopted children.
- Deletes provision prohibiting survivor benefits from the Kentucky
Teacher’s Retirement System for legally adopted children unless adoption
proceedings were initiated at least 1 year prior to the death of the
member. Makes eligibility retroactive to legally adopted children born
after January 1, 1990.
Employee Notifications
SB157: Relating to school district notifications and declaring an emergency.
- Moves the date of notification of nonrenewal of employment of
certified school staff from April 30 to May 15.
- Moves the date of salary notification for certified staff from
45 days before school starts to 45 days before school starts or
June 15, whichever occurs earlier.
- Moves the date of notification of any reduction of duties of
certified staff from 90 days before school starts to 90 days before
school starts or May 15, whichever occurs earlier.
- Moves the date of notification of non-renewal of employment
of classified school staff from April 30 to May 15.
- Reduces the time a teacher has to terminate his or her contract
from 30 days prior to the first instructional day to 15 days
prior to the first instructional day at a school to which the
teacher is assigned.
Family Resource/Youth Services Centers
SB192: Relating to family resource and youth services centers and making an appropriation therefore.
- Specifies the purpose of family resource and youth services
centers is to meet the needs of children and their families by
providing services to enhance a student’s ability to succeed in
school. Requires centers to place a priority on serving the most
economically disadvantaged students if resources are limited.
Speech Language Pathologist
HB29: Relating to public health care.
- Makes omnibus changes relating to speech-language pathologists.
- Exempts a speech-language pathologist employed solely by
the public schools in a certified position who holds a teacher
certification in communication disorders issued by the Education
Professional Standards Board from holding a license issued by the
Kentucky Board of Speech-Language Pathology and Audiology.
- Requires a speech-language pathologist employed in a classified
position who does not hold a teacher certification in communication
disorders issued by the Education Professional Standards Board to
apply for and maintain appropriate Kentucky Board of Speech-Language
Pathology and Audiology licensure.
Student Conduct
HB91: Relating to the safety, learning, and well-being of students.
- Requires an employee of a school or a local board of
education who knows or has reasonable cause to believe that a
school student has been the victim of a violation of any felony
offense specified in KRS Chapter 508 (assault, wanton endangerment,
stalking, menacing, terrorist threatening) committed by another
student while on school premises, on school-sponsored transportation,
or at a school-sponsored event to immediately cause an oral or
written report be made to the principal of the school the student
attends.
- Requires the principal to notify the parents, legal
guardians, or other persons exercising custodial control or
supervision of the student if the student is involved in an
incident reportable under this section.
- Requires the principal to file with the local school board
and the local law enforcement agency or the Department of
Kentucky State Police or the county attorney within forty-eight
(48) hours of the original report a written report containing
certain information. Requires the school board and school
personnel to participate in the investigation at the request
of the investigating agency.
- Requires local boards to update the code of acceptable
behavior and discipline no less frequently than every two
years, with the first update being completed by November 30,
2008.
- Amends KRS 525.070 to identify specific activities done
by a student as harassment to include damaging or theft of
another student’s property, substantially disrupts the operation
of the school; or creates a hostile environment by means of
any gestures, written communications, oral statements, or physical
acts that a reasonable person should know would cause another
student to suffer fear of physical harm, intimidation,
humiliation, or embarrassment.
- Amends KRS 525.080 to identify specific activities done
by a student as harassing communication to include communicates
by telephone, the Internet, telegraph, mail, or any form of
electronic or written communication in a manner which a
reasonable person should know would cause another student to
suffer fear of physical harm, intimidation, humiliation, or
embarrassment and serves no purpose of legitimate communication.
Sexual Abuse of Minors
HB211: Relating to crimes and punishments.
- Amends KRS 510.110, relating to sexual abuse in the first
degree, to prohibit any person over the age of 21 from subjecting
a minor under the age of 16 to sexual contact or engaging in
masturbation in the minor’s presence, and to prohibit a person
in a position of authority or special trust from engaging in the
same prohibited acts with a minor under the age of 18. Prohibits
any person in a position of authority or position of special
trust from engaging in certain sex acts while communicating with
a minor under the age of 16 using an electronic communication
device. Makes these acts Class D or Class C felonies, depending
on the age of the victim.
- Increases the criminal statute of limitations for misdemeanor
sexual offenses when the victim is under the age of 18 to five
years after the victim turns 18 years of age.
Budget Bill
HB406: Relating to appropriations and revenue measures providing
financing and conditions for the operations, maintenance, support,
and functioning of the government of the Commonwealth of Kentucky
and its various officers, cabinets, departments, boards, commissions,
institutions, subdivisions, agencies, and other state-supported
activities. As amended by HB514.
- Includes SEEK funding for a 1% raise in FY09 ($38.2 million)
and a 1% raise in FY10 ($78 million) for teachers and classified
staff. This is in addition to rank and experience increases.
- Provides $3 million in Coal Severance (General Fund) funds
to Read to Achieve.
(Reduction of $1M from current year)
- Reduces Extended School Services by $18,570,800 each year.
- Reduces Professional Development by $8,792,000 each year.
- Reduces Safe Schools by $5,669,000 each year.
- Reduces the Teachers’ Professional Growth Fund by $1.5 M.
- Stipulates that the funding for ACT/WorkKeys will support
administration of ACT in Grade 11, WorkKeys testing for students
in grade 12, and a second administration of the ACT for students
qualifying for free and reduced price meals in grade 12 who
received accelerated learning.
Note: Funding appropriated is sufficient only for administration
of ACT in grade 11.
- Includes the additional instructional days (2) previously
budgeted in the base – same as current biennium:
Instructional Days: (a) Notwithstanding KRS 158.070
and 2006 Ky. Acts ch. 252, Part I, D., 4., (16), the
school term for fiscal year 2007-2008 and each fiscal
year thereafter shall include the equivalent of 177
six-hour instructional days and shall include no less
than two six-hour instructional days in addition to
those included in the 2005-2006 school calendar as
approved by the Kentucky Department of Education.
Districts may exceed 177 six-hour instructional days.
(d) No later than October 31, 2008, the Department of
Education shall report to the Interim Joint Committee
on Education the Kentucky Core Content Test results,
norm referenced test results, EXPLORE rest results,
PLAN test results, and ACT test results for each school
district with a school calendar of less than 177 actual
school days.”
A district which has experienced an increase in adjusted
average daily attendance as defined by administrative
regulation, of 20 percent or more over a five year
period may submit a request to the Commission of Education
to use capital outlay funds for the operation of a new
school for the first two years following its opening.
The Commissioner may grant or deny the district’s request
at his or her discretion.
Alternative Certification
HB607: Relating to alternative teacher certification.
- Allows a five year statement of eligibility for teaching be
issued to a veteran who has completed a total of ten years of
active duty service, ten years of service officially credited
toward armed services retirement, or ten years combination of
such service, if other requirements regarding bachelor’s degree,
GPA, and passing score on content assessment are met.
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