KSBA has compiled a number of resources, best practices and guidance related to the COVID-19 pandemic and its impact on districts. Information and updates provided may change regularly. This page currently includes the following topics (in order):
- State and federal agency COVID-19 resource page links
- Meeting protocols for COVID-19
- Healthy at School guidance
Kentucky Department of Education
Kentucky Cabinet for Health and Family Services
U.S. Department of
Center for Disease
Control and Prevention
National School Boards Association
U.S. Department of Labor Wage and Hour Division
U.S. Equal Employment Opportunity Commission
(Updated 3.31.2021): The Kentucky Department of Education released the state’s updated Healthy At School guidelines, based on the latest guidance from the U.S. Centers for Disease Control and Prevention (CDC), which were developed in collaboration with the Department for Public Health (DPH). These protocols will be subject to changes. This is the most important guiding document to which school boards and district leaders should refer as they develop and implement their own unique local school re-opening and virus mitigation plans.
“Healthy at School” Guidance on Safety Expectations and Best Practices for Kentucky Schools
The new guidance has also been updated in the “KDE COVID-19 Guidance 2.0
,” which presents the most up-to-date guidance for teaching, learning, and operating schools and districts during the COVID-19 pandemic. Language was changed throughout the document to reflect new guidance related to temperature screening. Schools are no longer expected to screen students for temperatures before entering buildings or riding the school bus. Schools should continue to monitor student temperatures as part of the standard physical assessment given to students displaying symptoms of infectious disease.
(6.24.2020) The Commissioner of Education noted in a June 24 memorandum, signed by Lt. Gov. Coleman, that certain regulations have been suspended for the 2020-21 school year to provide districts flexibility as to their instructional approaches without incurring substantial loss in state funding; such as in-person, NTI or a blended model. In summary, this action lifts the cap on the maximum number of NTI days for the year, and will continue using the ADA (average daily attendance) figures each district chose to use for the 2019-20 school year for the 2020-21 school year. Read the memo in its entirety below.
KDE Memorandum 6.24.2020 - Student participation and emergency funding calculations for the 2020-21 school year
(UPDATE 11.23.20) On Nov. 20, 2020, KDE furnished the following guidance to superintendents and other school leaders.
Are there any changes to in-person local school district board meetings?
In response to the public health emergency caused by the novel coronavirus, the General Assembly passed Senate Bill 150 (“SB 150”). Containing an emergency clause, SB 150 became law upon the Governor’s signature on March 30, 2020.
For the duration of the state of emergency, SB 150 is the controlling authority in instances where the public agency invokes its provisions. Public agencies are not required to conduct in-person meetings during the state of emergency. However, a public agency that does not “conduct” its meeting “by live audio or live video teleconference during the period of the state of emergency” is subject to the provisions of KRS 61.800 et seq. See 2020 Ky. Acts ch. 73 § 1(8)(b). That is, if the public agency opts to conduct its meeting in person instead of via video teleconference, it must make the physical meeting open to the public. KRS 61.840 requires that “[a]ll agencies shall provide meeting room conditions, including adequate space, seating, and acoustics, which insofar as is feasible allow effective public observation of the public meeting.”
Of course, the public agency should take proper precautions for social distancing and mask wearing for members in attendance, as well as the public. EO 2020-968 indicates indoor venues, event spaces, and theaters are limited to 25 people per room. While it appears this does not specifically apply to education, it is a good guide for the number of people to permit in one room if a school district opts to conduct in person meetings.
(6.16.2020): KDE announced that school boards and school councils (SBDMs) may resume in-person public meetings at this time if they chose to do so, so long as they follow the state’s Healthy at Work guidelines. As of June 18, those guidelines allow for gatherings of 10 people or fewer. On June 29, that number will increase to 50 people or fewer. Under both scenarios, everyone at the meeting must remain 6 feet apart or wear face masks, according to the guidance. Boards should consult the Healthy At Work guidelines for more detail, available at the link below along with meeting site posters/notices:
Healthy at Work: Reopening Kentucky website
(4.6.2020): The General Assembly enacted Senate
Bill 150 (SB 150), which became law on March 30, 2020. That bill makes some temporary changes to the Open Meetings Act relating to this emergency, to give more flexibility to school boards to conduct any meetings (special or regular) via not only video teleconference by also possibly audio teleconference, -IF- a board does not have the “capacity or availability” to meet by video teleconference. SB 150 also requires similar public notice requirements as those already outlined in OAG 20-05. SB 150 provides that a board’s regular meeting may be held via teleconference, and that even though a regular meeting does not become a special meeting simply because video teleconferencing is being used, the bill does require meeting notices that are similar to a special meeting procedure. Therefore, under SB 150, school boards should give notice at least 24 hours before any video teleconference meeting that includes a posting of the agenda of any meeting held via video teleconference. The Kentucky Attorney General issued
an Advisory on March 31 interpreting SB 150, in which he confirmed that while “special meeting type” notice rules apply, these regular meetings are not subject to the usual special meeting limitation that discussion and action is limited to items described in the agenda. Most board policies allow regular meeting agendas to be amended per vote of the full board.
In light of SB 150, KSBA has prepared a draft resolution for boards to consider, linked below. We do not believe there is a need for any board to adopt this new resolution if they already adopted our first resolution, and if the board has the capacity or availability to meet by video teleconference. Boards should consider these options with board counsel.
SAMPLE Local School Board Meeting Protocol Resolution UPDATED Following Passage of SB 150
An earlier version of the resolution, linked below, was made available on March 19, 2020, prior to the passage of SB 150.
SAMPLE Local School Board Meeting Protocol Resolution ORIGINAL Prior to Passage of SB 150
(3.19.2020): The Attorney General issued 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
Contact KSBA if you have questions: (800)372-2962