(1) A district which is an applicant to be designated as a district of innovation under
KRS § 156.108 shall:
(a) Establish goals and performance targets for the district of innovation proposal, which may include:
1. Reducing achievement gaps for groups of public school students by expanding learning experiences for students who are identified as academically low-achieving;
2. Increasing pupil learning through the implementation of high, rigorous standards for pupil performance;
3. Increasing the participation of students in various curriculum components and instructional components within selected schools to enhance students’ preparation at each grade level;
4. Increasing the number of students who are postsecondary-ready; and
5. Motivating students at different grade levels by offering more curriculum choices and student learning opportunities to parents and students within the district;
(b) Identify changes needed in the district and schools to lead to better-prepared students for success in life and work;
(c) Have a district-wide plan of innovation that describes and justifies which schools and innovative practices will be incorporated;
(d) Provide documentation of community, educator, parental, and the local board’s support of the proposed innovations;
(e) Provide detailed information regarding the rationale of requests for waivers from Kentucky Revised Statutes and administrative regulations, and exemptions for selected schools regarding waivers of local board of education policies;
(f) Document the fiscal and human resources the board will provide throughout the term of the implementation of the innovations within its plan; and
(g) Provide other materials as required by the Kentucky Department of Education in compliance with the state board’s administrative regulations and application procedures.
(2) The district and all schools participating in a district’s innovation plan shall:
(a) Ensure the same health, safety, civil rights, and disability rights requirements as are applied to all public schools;
(b) Ensure students meet compulsory attendance requirements under KRS
158.030 and 158.100;
(c) Ensure that high school course offerings meet or exceed the minimum required under KRS § 156.160 for high school graduation or meet early graduation requirements that may be enacted by the General Assembly;
(d) Ensure the student performance standards meet or exceed those adopted by the
Kentucky Board of Education, including compliance with the statewide assessment system specified in KRS § 158.6453;
(e) Adhere to the same financial audits, audit procedures, and audit requirements as are applied under KRS § 156.265;
(f) Require state and criminal background checks for staff and volunteers as required of all public school employees and volunteers within the public schools and specified in KRS § 160.380 and KRS § 161.148;
(g) Comply with open records and open meeting requirements under KRS Chapter 61;
(h) Comply with purchasing requirements and limitations under KRS Chapter
45A and KRS § 156.074 and KRS § 156.480;
(i) Provide overall instructional time that is equivalent to or greater than that required under KRS § 158.070, but which may include on-site instruction, distance or virtual learning, and work-based learning on nontraditional school days or hours; and
(j) Provide data to the Kentucky Department of Education as deemed necessary to generate school and district reports.
(3) (a) Only schools that choose to be designated as schools of innovation shall be included in a district’s application.
(b) 1. As used in this paragraph, “eligible employees” means employees that are regularly employed at the school and those employees whose primary job duties will be affected by the plan.
2. A vote shall be taken among eligible employees in a school to determine if the school shall be an applicant as a school of innovation in a district’s proposal and to approve the school’s plan of innovation before it is submitted to the district. At least seventy percent (70%) of those casting votes shall vote in the affirmative in order for the school to request inclusion in the district’s plan and to approve the school’s plan of innovation.
3. The school-based decision making council shall be responsible for conducting the vote provided for in subparagraph 2. of this paragraph, which shall be by secret ballot.
(c) Notwithstanding the provisions of paragraph (a) of this subsection, a local board of education may require a school that has been identified for comprehensive support and improvement under KRS § 160.346 to participate in the district’s plan of innovation.
(4) (a) With approval of the state board, a school of innovation may request and be granted waivers from all or selected provisions of KRS § 160.345 relating to school-based decision making.
(b) To be exempt from KRS § 160.345, a school-based decision making council shall vote by secret ballot to determine if it wishes to request a waiver from KRS § 160.345 or specific provisions within that statute. Only a school that has seventy percent (70%) or more of the teachers and staff in the school voting to
waive its rights and responsibilities under KRS § 160.345 shall be eligible.
(c) No local board of education or superintendent nor the Kentucky Board of Education may compel a school to waive its rights under KRS § 160.345, except as provided in KRS § 160.346.
(d) Before the provisions of KRS § 160.345 are waived by the Kentucky Board of Education for a specific school, there shall be assurances that teachers, parents, and staff in the affected school will be actively involved in the management and decision-making operations of the schools, including input into employment matters and selection of personnel.
(5) Notwithstanding any statutes to the contrary, the Kentucky Board of Education may approve the requests of districts of innovation to:
(a) Use capital outlay funds for operational costs;
(b) Hire persons for classified positions in nontraditional school and district assignments who have bachelor’s and advanced degrees from postsecondary education institutions accredited by a regional accrediting association as defined in KRS § 164.740;
(c) Employ teachers on extended employment contracts or extra duty contracts and compensate them on a salary schedule other than the single salary schedule;
(d) Extend the school days as is appropriate within the district with compensation for the employees as determined locally;
(e) Establish alternative education programs and services that are delivered in nontraditional hours and which may be jointly provided in cooperation with another school district or consortia of districts;
(f) Establish a virtual school within the district for delivering alternative classes to meet high school graduation requirements;
(g) Use a flexible school calendar;
(h) Convert existing schools into schools of innovation; and
(i) Modify the formula under KRS § 157.360(2) for distributing support education excellence in Kentucky funds for students in average daily attendance in nontraditional programming time, including alternative programs and virtual programs. Funds granted to a district shall not exceed those that would have otherwise been distributed based on average daily attendance during regular instructional days.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 112, sec. 12, effective July 15, 2020. — Amended
2017 Ky. Acts ch. 80, sec. 11, effective June 29, 2017; ch. 156, sec. 13, effective April 10, 2017; and ch. 177, sec. 10, effective June 29, 2017. — Created 2012 Ky. Acts ch. 40, sec. 2, effective July 12, 2012.
Legislative Research Commission Note (7/12/2012). The internal numbering of subsection (3)(b) of this statute has been modified by the Reviser of Statutes from the way it appeared in 2012 Ky. Acts ch. 40, sec. 2, under the authority of KRS § 7.136(1). The words in the text were not changed.