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KSBA Answers

Policy updates coming by end of May

Kentucky School Advocate
May 2023

By Katrina Kinman
KSBA Director of Policy and eMeeting Services

Changes to regulations and court cases require year-round monitoring by KSBA’s policy consultants and legal experts. While school boards may adopt or amend their district policies at any time, it is in the weeks during and immediately following the regular session of the General Assembly when KSBA Policy staff are particularly focused on crafting and updating model policy language.

When does the annual policy update happen and why then?
When all of the new laws passed by the General Assembly are final, our experienced staff begin to update model policy language. Drafts are then subject to an extensive review process by KSBA legal and advocacy staff. Once this process is complete, customized versions of the updated policy language are provided to each of the 171 school boards who use KSBA’s Policy Service. This happens at the end of May.

What does “model” policy language mean?

Model policy language is what KSBA believes to be consistent with legal requirements for school districts. Such language is not released by KSBA until our team has vetted and agreed on the language, so districts can rest assured that what they are receiving is solid. Remember, KSBA does not set law, but we take great pride in formulating policy language that we believe most effectively allows districts to operate within the law.

What steps must a board take to implement the new and/or updated policies?  

In general, once boards receive their update packages, they observe two readings of the new policy language as part of two separate meetings, although some boards do not have this requirement in policy. Per Board Policy 01.5, boards may also hold one “emergency” reading of policy with the rationale listed in the minutes to expedite this process. Administrative procedures only require one review (not approval) by the board with an opportunity to make comments. If boards adopt model policy language as written, which is common, this process can happen quite quickly. If the board wishes to customize the policies beyond the model language, additional steps are required. Boards should contact their KSBA policy consultant when considering modifications. Regardless of the extent of any changes, policies must receive board approval by the Aug. 15 statutory deadline. (KRS 160.340)

Some of the bills passed this year contain emergency clauses, which means the new laws are already in effect. What impact does that have on board policies?
While the new law may be immediately in effect, boards must still have time to review and implement policies as mentioned above. We will be sending those newly required policies in the annual policy update materials.

Senate Bill 5, which creates a new way for parents to file complaints about materials they deem “harmful to minors” directed KDE to create a policy. What was KSBA’s role in that policy?
KSBA staff met with Kentucky Department of Education staff and discussed our proposed policy language. After that meeting, we exchanged suggestions and came up with the final policy and procedure language. It was a collaborative process that went very smoothly. KDE in turn invited KSBA staff to attend the Superintendents’ Webcast on May 9 to co-present information on the model policy and procedure.

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