Provided below are links to state and national agency resources
on coronavirus/COVID-19. Resources include pandemic updates, best practices, emergency
planning and legal guidance for districts. New and pertinent information will
also be made available by KSBA on Facebook
Department of Education
Cabinet for Health and Family Services
U.S. Department of
Center for Disease
Control and Prevention
School Boards Association
U.S. Department of Labor Wage and Hour Division
Regarding Meeting Protocols for Novel Coronavirus
To: local school board members, superintendents, superintendent assistants, and Council of School Board Attorneys members:
KSBA has reviewed the updated guidance issued 3.16.20 by the state Finance and Administration Cabinet involving meetings of state boards and commissions. This memorandum is NOT legally binding on local boards of education, and it only binds state boards. However, we have discussed this with staff attorneys at both the Office of the Attorney General and the Kentucky Department of Education (KDE), and both offices stated that while this is not binding on local school boards, it is helpful guidance to them as well. For example, state boards are now being prohibited by this memo from having in-person meetings entirely and may only meet entirely by video-teleconference. At this time, you are not prohibited from holding in-person meetings of your local board.
In light of changes to rules for state boards and their meetings due to the coronavirus pandemic, and after conversations with the Attorney General’s staff and legal staff at KDE, KSBA has prepared a DRAFT resolution (linked below) for consideration by district board teams and their board attorneys. This resolution would adopt health safeguards for school board meetings, modeled after the rules now in place for other state boards and commissions. Please review this with your board counsel. The most notable aspect of this DRAFT is that it proposes that you would no longer allow the public to attend a video tele-conference meeting in person, which the statute requires, under the authority you hold as a body to adopt restrictions to maintain order at meetings and in line with the state boards which have now suspended this statutory requirement. We cannot guarantee that such an action would be upheld if it were challenged to the Attorney General or the courts.
This is not a one size fits all situation, and adoption of this action would REQUIRE that your board is able to operate the meeting via video teleconference and live stream the meeting on the internet for public viewing. If those actions are not feasible for your district, other “social distancing” strategies would need to be considered, such as holding the in-person meeting in a larger room, with as much space among board members, staff, and the public as possible, and no less than 6 feet between all individuals.
SAMPLE Local School Board Meeting Protocol Resolution - KSBA 3.19.2020
(3.19.2020): The Attorney General issued new guidance regarding meetings of local school boards and other public entities during the COVID-19 emergency:
Attorney General Cameron Provides Agency Guidance on Open Meetings Act During COVID-19 Pandemic
(Updated 3.25.2020) The General Assembly recently passed Senate Bill 177 (2020 Regular Session, SB 177), and the Governor stated he had signed it as of March 24. The bill addresses many issues facing school districts in relation to the COVID-19 pandemic, including but not limited to allowing flexibility for local school boards to allow emergency leave beyond what is normally allowed under state statute. KSBA has prepared a frequently asked questions (FAQ) resource, linked below, to help districts navigate this change, which is temporary and only applicable during the 2019-2020 school year. As always, boards should consult with their board attorney and finance officers on policy matters.
Regarding Emergency Leave for School Board Employees in relation to the COVID-19 Pandemic Emergency
Regarding Emergency FMLA and Federally Mandated Sick Leave
(Updated 3.27.2020) The federal Families First Coronavirus Response Act has been signed into law. This legislation includes the “Emergency Family and Medical Leave Expansion Act” and the “Emergency Paid Sick Leave Act.” Click the link below for guidelines based on the new law. Boards should consult with school district counsel regarding their potential use and implementation.
Emergency FMLA and Federally Mandated Sick Leave Reference Guidance
Contact KSBA if you have questions: (800)372-2962