Access pandemic resources from several state and federal agencies at the links below. This page also includes resources on a variety of pandemic topics including quarantine leave for employees, mandatory masking and board meeting protocols.
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
(Aug. 11, 2021)
On Aug. 5, 2021 the Kentucky Board of Education (KBE) approved an emergency regulation entitled “District Employee Quarantine Leave” – effective upon its filing with the Legislative Research Commission. Please carefully review the regulation, at 702 KAR 1:191E
. It states that each district SHALL
provide paid quarantine leave to all eligible employees, if the employee 1) has been placed in quarantine by a medical professional, health department, school district, etc.; and
2) has been vaccinated against COVID-19 (or if they “present a statement from a treating medical professional that a disability prevents the employee from taking the COVID-19 vaccine, or is prevented from taking the COVID-19 vaccination based on sincerely held religious belief”). This emergency regulation applies only during the 2021-2022 school year, and only relates to quarantine for COVID-19 and its variants.
Under this emergency regulation, the quarantine leave cannot be used if the employee is diagnosed as having an active COVID-19 infection. As explained during the Aug. 5, 2021 KBE meeting, if a person tests positive for the infection they are therefore ill with COVID-19 and should use their sick days instead of quarantine leave. While in effect, the regulation will apply without local board action to require this leave for eligible employees, and so we at KSBA do not believe boards need to take any action at this time.
However, the regulation gives some discretion to local districts/boards on three issues which may require local action. The regulation says that:
- “A school district, at its discretion, may determine quarantine leave is unnecessary when an employee can fulfill his or her job duties remotely during the quarantine period”; and
- “In order to shorten the quarantine period, a school district may require an employee on quarantine leave to undergo a COVID-19 test at the district’s expense and provide the results to the district. Such test shall occur no sooner than the earliest date recommended by [CDC and state DPH] quarantine guidelines. A district may require an employee testing negative for COVID-19 to return to work in accordance with [CDC and DPH] quarantine guidelines; and
- “A school district may require the employee to provide written documentation from the entity placing the employee in quarantine.”
If a district/board wants to implement any of the three above options, we suggest that either a resolution should be adopted by the board indicating such, or at least adopt a motion to this effect in a meeting and record it in detail in the meeting minutes. A sample resolution is available here.
It may be revised to suit the preferences of a local school board.
The Kentucky Board of Education (KBE) held a special meeting on Thursday, Aug. 12, 2021, during which 702 KAR 1:195E
was approved, requiring masking in all Kentucky public schools. The e-reg carried the force of law.
(Sept. 9, 2021)
In the final hours of the 2021 special legislative session, the General Assembly passed SB1
. Of its many provisions, SB1
nullified the KBE's statewide school mask requirement effective Friday, Sept. 17, returning decision-making powers on masking to local districts.
For a detailed breakdown of SB1 and its impact on school districts, view the video recap below provided by KSBA Director of Advocacy Eric Kennedy.
During the 2021 Special Session that occurred the first week of September, the General Assembly extended
most of the provisions of 2020’s SB 150
that provided open meetings flexibility relating to COVID. These aspects of the open meetings act will therefore continue in effect until at least January 15, 2022.